Council rules out judicial review of approval of solar farm due to “insufficient grounds”

In a statement, the council said it had twice obtained legal advice from an expert barrister, who advised there would be insufficient grounds to successfully launch a legal challenge.

In July this year, the Secretary of State granted development consent for the One Earth Solar Farm.

The council said this was despite the Examining Authority recommending refusal.

Newark and Sherwood said: “Throughout the examination process, the council made clear its concerns about the effect of the development on the landscape, the historic environment, and local communities amongst other things.”

The 740MW scheme, covering 1,619 hectares in Nottinghamshire and Lincolnshire, could supply electricity to up to 200,000 homes.

Following the development’s approval, Newark and Sherwood considered whether it could challenge the decision through a judicial review.

The council said there was no conventional right of appeal and that a judicial review could consider only whether the Secretary of State’s decision was made lawfully. It would not reconsider the planning merits of the development.

Specialist legal advice was obtained from an expert legal barrister, but the council was advised there would be insufficient grounds to successfully launch a challenge.

A council spokesperson said: “This will be bitterly disappointing news for the whole community, and, from the outset, it has felt almost impossible for us to have any meaningful influence on the One Earth Solar Farm decision. We urge the Secretary of State to listen to local communities and review the consent given for the site. Local voices should be heard, as should the very clearly articulated views of the Examining Authority.

“While the decision is frustrating, we will continue to engage with the process to ensure that, if the development proceeds, the requirements attached to the Development Consent Order are properly considered and that the impacts on local communities are addressed as far as possible.”

Lottie Winson