Lark Energy Appeals Farm Decision
Lark Energy has lodged an application for a Judicial Review of the Secretary of State's decision not to allow an appeal for a solar farm at Ellough in Suffolk.
The application was for a 24MW solar farm, covering 46ha, on land adjacent to Ellough Airfield, near Beccles (the "˜appeal scheme'). Waverney District Council had already consented a 14.1MW solar farm on 28.6ha of land on the northern part of the site earlier this year (the "˜permitted scheme').
The Rt Hon Eric Pickles MP, Secretary of State for Communities and Local Government, decided to overrule his own Inspector's recommendation largely on the basis that, ""¦ the limited harm caused by the appeal scheme is greater than the very limited harm that would be caused by the permitted scheme" and that "the increase in the amount of renewable energy generated by the appeal scheme does not outweigh the additional harm caused to the character and appearance of the area".
Mr Neil Pope, the Inspector appointed by the Secretary of State, had conducted a thorough public inquiry and site investigation into the proposed development, and concluded that: "¦The harm to the character of this part of the district would be no greater than that which has already been accepted by the Council when it approved a 14.1MW solar farm on this part of the site in April 2013. The proposal would not significantly harm the landscape character of this part of the district and there would be no conflict with the strategic objectives of the SPLCA [Saints Plateau East Landscape Character Area].
Jonathan Selwyn, managing director of Lark Energy, which is the developer of the project, said: "We were naturally disappointed by the Ellough decision as the Planning Inspector conducted a comprehensive investigation of the scheme, including a detailed site visit, and concluded that it fully complied with DCLG's own guidance.
"We select our sites for solar farms very carefully. We choose sites which have either had previous industrial uses, such as Ellough, or which are on predominantly low grade agricultural land. We consult extensively with the local community "“ at Ellough the vast majority were supportive of the project, particularly after we took on board some of their concerns about its proximity to the existing operational airfield. It seems surprising on this occasion that the Minister still found reason to overrule his own planning inspector."
The application for a Judicial Review of the Secretary of State's decision is on the grounds that he made a decision which is contrary to the principles enshrined in national planning law and the national planning policy framework.
Jonathan Selwyn continued: "We in the solar industry continue to work closely with the government to ensure that large scale solar has minimal environmental impact and continues to be broadly supported by the public.
"In our view, the Ellough project fulfilled CLG's own guidelines, will have little impact upon its surroundings, and was largely supported by the local community."
