Solar Success Strikes Again: Ledwyche Solar Limited v Shropshire Council
On 7 July 2023, Ledwyche Solar Limited secured planning permission on appeal for the construction of a solar farm (and associated development) on land east of Squirrel Lane. Emily Knowles and Elizabeth Winters explain the significance of the case.
The proposal, initially rejected by Shropshire Council, faced concerns regarding the loss of prime agricultural land and potential impacts on the nearby Shropshire Hills Area of Outstanding Natural Beauty (AONB). However, Inspector J Woolcock granted permission for the solar farm, citing its contribution to the low-carbon energy sector as a crucial factor in the decision-making process. However, as have often seen in respect of solar farm decisions, the Inspector was clear that they depend very much on particular circumstances.
Factors considered
The Inspector concluded that the solar farm would have a moderate to minor adverse effect on the wider landscape and visual amenity of the area and a “negligible” impact on the setting of the AONB such that the proposed development did not conflict with paragraph 176 of the NPPF. Despite the presence of other existing and planned solar farms in the vicinity, the Inspector deemed the cumulative impact to be of only minor significance, pointing out that visual effects would be occasional rather than frequent and the additional effect of the appeal scheme would not result in the creation of a different landscape character type or sub-type.
The appeal site is classified as 95% grade 3a agricultural land, known for being “best and most versatile” and is used for arable farming. The scheme proposes that the site would remain in agricultural use with sheep able to graze between the solar arrays which the Inspector noted would improve soil health when compared to arable use. Additionally, the 40-year lifespan of the solar farm was noted to reduce the use of nitrogen fertilisers and risk of excessive nutrients leaking into the Ledwyche Brook. However, the Inspector noted that the change in use would result in an underutilisation of the grade 3a land which would result in an adverse effect of moderate significance.
The Inspector considered that the solar farm, by contributing 12 megawatts to the generating capacity of Shropshire, would play a crucial role in supporting the transition to a low-carbon energy sector, aligning with national policy objectives. The Inspector also raised constraints on grid capacity as a consideration, stating that it is important to take advantage of available capacity. The Inspector found that the renewable energy benefits of the scheme should be given substantial weight in favour of granting the appeal.
The Inspector ultimately concluded that the substantial benefits associated with renewable energy generation outweighed the identified harmful aspects of the proposed development which would last for a 40-year period. Applying the planning balance, the Inspector granted the appeal.
The significance of this case
This case further strengthens the prominence given to renewable energy projects and follows the recent trend of successful appeals for solar farm development. Despite initial refusal based on concerns over agricultural land loss and impacts on the AONB, Inspector J Woolcock’s decision reflects the significance of renewable energy benefits. Sharpe Pritchard has previously commented on the increased focus by Inspectors on the benefits of renewable energy [Game Changing Planning Decision for Developers of Renewables – Sharpe Pritchard].
Once again, this decision should not be interpreted as blanket support for solar farm development in similar settings. In this case the Inspector had been referred to other decisions on solar farms, but he expressly stated that he had not found these helpful because so much depends on the particular circumstances of the case. This is exactly the trend that we have seen played out in recent decisions.
Sharpe Pritchard has significant experience advising clients in solar development. In addition to planning and land arrangements we have extensive electricity industry and experience in delivering routes to market and advising our clients on regulatory issues.
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