Eversheds Sutherland delighted to have assisted Statkraft UK

The Inspector’s decision, issued on 5 February 2024, permits the installation of ground-mounted solar arrays and associated infrastructure with an electricity generating capacity of 47MW, together with the creation of woodland and biodiversity enhancements.

The main issues addressed by the Inspector were the impact on the character and appearance of the surrounding area, the impact on the setting of nearby heritage assets, whether it had been demonstrated that the development is appropriately sited given the presence of best and most versatile (BMV) agricultural land and whether the planning balance fell in favour of or against planning permission being granted.

The Inspector found that the proposal complied with the development plan as a whole. He agreed with the parties that provision of renewable energy carried substantial weight, noting that renewable schemes of this nature are fundamental to combatting climate change if any adverse impacts can be made acceptable. He identified only limited adverse impacts which were outweighed by the substantial weight attached to the provision of renewable energy. Other benefits arising from the high level of biodiversity net gain and economic benefits of farm diversification added to the balance of positive matters.

This represents an important decision in particular for those in involved in the promotion of solar schemes involving use of BMV agricultural land. The Inspector recognised that “the use of poorer quality land is still a preference expressed in policy and guidance, but that does not dictate the avoidance of such areas if it is demonstrated to be necessary and acceptable in a particular case”. Within a policy context providing an “imperative to ramp up the provision of electricity from solar farms, and the urgent need to address the effects of climate change” the Inspector was satisfied that ample, compelling evidence for the use of the appeal site land, including the proportion of BMV, was provided.

Mark Henderson, Senior Project Manager at Statkraft comments, “Statkraft are absolutely delighted with this appeal decision. It establishes a number of helpful points of principle for future reference, most notably on the weight to be given to the substantial benefits of renewable energy developments and the limited harm, if any, on best and most versatile agricultural land. Our sincere thanks to the Eversheds Sutherland team for their contributions on this appeal.”