Legal ruling on Longhedge solar farm

In the judgement of Lynn Ross v Secretary of State for Housing, Communities and Local Government & Anor, delivered by Justice Eyre on 19 May 2025, the primary concern revolved around the appeal against the decision made by the Inspector regarding the Longhedge Solar Farm in Nottinghamshire. The case represented Lynn Ross as the claimant against the Secretary of State and Renewable Energy Systems Ltd, who were the defendants. At the core of the dispute were significant questions related to planning permission, specifically regarding the interpretation of overplanting in the context of national planning policy statements.

The proposed Longhedge Solar Farm aimed to establish a large-scale solar energy development across an area of 94.24 hectares, equalling approximately 223 acres. Central to the proposal was the indicative plan to install a substantial number of solar panels—originally stated as 128,752 panels, although various figures were debated throughout proceedings. This vast installation raised questions about not only the environmental impact but also the legislative interpretation of planning regulations.

In October 2024, the Inspector, John Woolcock, had allowed an appeal against the refusal of planning permission by the Local Planning Authority. Lynn Ross’s challenge to this decision was premised on six grounds, primarily questioning the Inspector's interpretation of the National Policy Statement for Renewable Energy Infrastructure (EN-3). The claimant argued that the Inspector erred by permitting what they defined as excessive overplanting of solar panels without adequately addressing its implications for planning policies.

Overplanting, in the context of solar farms, refers to the practice of installing more solar panels than would typically be required to meet projected energy outputs. The key reasoning behind this practice is based on acknowledging the degradation of solar panels over time, as well as compensating for lower efficiencies observed in real-world conditions compared to laboratory results. The witness for the defendants contended that such overplanting was necessary not just to address degradation but also to maximise the capacity of the solar farm, enabling it to operate at peak potential for longer periods.

However, the claimant maintained that the grounds upon which she challenged this decision were integral to maintaining the integrity of the planning laws. Ross argued that the overplanting measure was excessive and contrary to the principles outlined in EN-3, asserting that the Inspector's decision did not adequately weigh the potential environmental impacts against the claimed benefits.

In the court ruling, Justice Eyre asserted that the Inspector’s interpretation of the policy was rational and aligned with the overarching goal of enhancing renewable energy generation. The judgement highlighted that while the term "overplanting" could invoke concerns, its application might vary based on particular circumstances—including advancements in solar technology and the inherent desire to maximise energy production.

Justice Eyre concluded that the conditions which limited the operational capacity of the solar farm to 49.9 MW ensured it did not breach the threshold for a Nationally Significant Infrastructure Project (NSIP). The inspector's reasoning was lauded for effectively acknowledging the balance between achieving energy generation targets while adhering to environmental protections.

The decision underscored the importance of flexibility within renewable energy planning legislation, recognising the challenges faced by developers in the evolving landscape of solar technology. The court ultimately dismissed the appeal, affirming the original decision made by the Inspector in favour of the Longhedge Solar Farm.

Ultimately, the case of Lynn Ross v Secretary of State acts as a pivotal ruling highlighting the complexities of planning permissions concerning renewable energy projects. It showcases the court's commitment to fostering sustainable energy initiatives while ensuring that regulatory frameworks are interpreted judiciously, promoting both development and environmental stewardship

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