Pickles reverses solar planning decision

The Secretary of State has granted planning permission for Lark Energy’s Solar Farm at Ellough Airfield in Suffolk. It is over 2 years since the application was submitted. It is over 9 months since Justice Lindblom’s decision in the High Court to quash the Secretary of State’s decision to refuse permission.

The Judge had found that “the Secretary of State’s reasons leave genuine doubt that he made his decision on the appeal in the way section 38(6) of the Planning and Compulsory Purchase Act 2004 required…I believe this is a fatal flaw. It goes to a fundamental part of the decision on the appeal. And it does cause Lark Energy substantial prejudice.” Jo Wall, Lark Energy’s Development Director welcomed the decision saying:

“We were always concerned about the legality of the Secretary of State’s original decision as it appeared to have been made without due regard to the local plan. This was confirmed last year in the High Court. We are, however, very pleased that, following the High Court’s quashing of the Secretary of State’s decision, he has now granted consent.” “In cases such as this where projects are in line with national planning guidance, reflect the requirements of local plans and attract the support of the vast majority of local people, developers have the right to be treated fairly by both local councillors and the Secretary of State. It would seem that some elements of the government wish to prevent large scale solar developments even where the majority of the public supports them. This is in stark contrast to the treatment afforded the far less popular fracking and nuclear industries and is difficult for the many SMEs engaged in the solar sector to understand.” The decision has had a significant impact on many other solar companies who have similar projects in the pipeline.