Government NSIP solar farm approval facing judicial review threat

Energy Minister Martin McCluskey gave consent last month (3 December) for the Helios Renewable Energy Project, which is to be based on 476-hectares of open countryside near the town of Selby.

The Nationally Significant Infrastructure Project (NSIP) will see the installation of ground-mounted solar arrays capable of generating 190MW of electricity and was recommended for approval by the Planning Inspectorate.

However, local campaign group HALT has raised concerns about the scale of the scheme, its impact on landscape character and amenity, and the growing concentration of energy infrastructure proposals in the area.

On its crowdfunding page, the group said it has "serious concerns" about the lawfulness of the planning decision and believes that a judicial review is "now the only remaining legal mechanism available to test whether the approval was made correctly".

The concept of cumulative impact of multiple energy developments is at the heart of the challenge, according to the group.

"HALT argues that cumulative impacts are a recognised material planning consideration but are frequently under-assessed when developments are considered individually," it said.

The group also pointed to recent analysis indicating that existing and consented battery energy storage capacity “may already exceed current system requirements linked to renewable energy targets”.

"While this does not automatically prevent approval, HALT believes it raises further legal and policy questions that warrant consideration," it said.

The group also stated that a successful challenge "could help other NSIP solar farm proposal decisions where cumulative impact due diligence has not been correctly administered".

It has since raised more than £7,000 towards its £15,000 target to fund the judicial review challenge.

The Department for Environment, Food and Rural Affairs has been approached for comment.

Adam Carey