Group bid to challenge solar farm decision collapses after two councils drop out

A judicial review challenge brought by four councils across Cambridgeshire and Suffolk has been withdrawn after two of the local authorities abandoned the litigation.

Suffolk County Council, East Cambridgeshire District Council, West Suffolk Council and Cambridgeshire County Council sent a joint pre-action protocol letter to the Secretary of State for Energy Security and Net Zero, Ed Miliband, earlier this month challenging his decision to approve the controversial development.

Miliband, granted permission to the solar farm on 12 July, just seven days in to his tenure.

The plans, which fall under the legislation for Nationally Significant Infrastructure Projects, include ground-mounted solar panels and large-scale battery storage facilities across a 2,400-acre site spanning East Cambridgeshire and areas of West Suffolk.

The four councils argued that an error within the planning approval did not account for the technical and administrative input needed from the councils and would, therefore, cost local taxpayers hundreds of thousands of pounds.

However, West Suffolk Council and Cambridgeshire County Council have now abandoned the challenge, forcing the two remaining councils to also withdraw.

Suffolk County Council and East Cambridgeshire District Council said they wished to continue, but the cost of legal fees for the two councils versus the likely financial return in a successful outcome "was no longer a justifiable use of public funds".

Cllr Richard Rout, Suffolk County Council's Deputy Cabinet Member for Nationally Significant Infrastructure Projects, said the local authority was "deeply disappointed" by the decision.

He added: "The Sunnica solar farm was approved by the new government against the recommendation of the independent Planning Inspectorate, who said it should be thrown out."

Cllr Anna Bailey, Leader of East Cambridgeshire District Council, meanwhile said: "I am unbelievably disappointed with the decisions of Cambridgeshire County Council and West Suffolk Council to pull out of the Group action.

"They have expended public funds, the legal position has not changed, and yet they are now refusing to finish what we started. What a waste and what a let-down for local residents.

"Now local taxpayers are going to have to foot the bill for the costs to the councils of this unwanted, appalling development; Cambridgeshire County Council and West Suffolk Council have seriously let the side down by allowing that to stand without challenge.

All four councils had earlier received a response from the Secretary of State to their pre-action protocol letter.

That reply outlined the Government's position to defend its decision to grant permission for the Sunnica project.

A spokesperson for West Suffolk said: "The government and applicant did not accept our initial request to amend the fees and the legal advice we had was that, while there was a chance of success in a costly judicial review, the end result could well be the same.

"This is because the government would then have the option to redetermine the application using the same lower level of fees which, in its response to our legal letter, it has already told us it believes are appropriate for schemes of this nature."

The council said it stepped back from legal proceedings as it believes there are other ways to raise its concerns with the government as well as seek financial support from the applicant.

It added: "If other councils feel that the application or its fees should be challenged through the courts, then there is still nothing to stop them from doing this, using their own funds. For our part, we do not believe this is a good use of scarce taxpayers’ money."

A spokesperson for Cambridgeshire County Council said: "This is a decision that was made by the Joint Administration and took into account the previous legal advice, the importance of offering value for money to our taxpayers and the low likelihood of a challenge succeeding."

Adam Carey