30.08.2023
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To quote the Planning Inspector in the recently dismissed Lullington Solar Farm appeal in Swadlincote, South Derbyshire (21 July 2023) “There is little doubt that we are close to the point where climate change is a reality and that if left unchecked will have very serious consequences for large parts of our planet”. One could certainly argue that from recent weather events covered in the media that we have already reached that point.
The Powering Up Britain Report (March 2023), National Policy Statement (NPS) for Energy (EN-1) and the NPS for Renewable Energy Infrastructure (EN-3) and Planning Policy Guidance (PPG) confirm the government’s commitment to achieving net zero targets. Solar energy output is considered, along with wind, as a low-cost efficient way to decarbonise electricity production.
So, how does an Inspector go from a position of understanding the climate emergency and having the national policy rhetoric to support solar development, to dismissing an appeal for a solar PV farm which would power approximately 17,300 homes equivalent to 17% of the population of the South Derbyshire District Council Area. The answer is tied up in the ‘Planning Balance’, with emphasis placed on whether there is ‘compelling evidence’ to justify the temporary change of use of Best and Most Versatile (BMV) Agricultural Land to a Solar PV farm.
Yes, the Lullington scheme was 49% BMV land (Grade 2 and 3a), but the site was in an appropriate location in respect to connecting to the national grid at the former Drakelow power station in south Derbyshire, a factor that is critical for solar projects to succeed.
Several recent schemes nationally have justified the conversion of high percentage BMV sites to solar PV farms, notably:
The above schemes provided evidence demonstrating the suitability of the sites in all other respects including other alternative sites and grid considerations which convinced decision makers that the temporary loss of BMV land from those sites would be outweighed by the benefits of the solar farm. The Planning Committees in the South Cambridgeshire and Dover District considered that the loss of BMV land was acceptable given the wider climate change issues in addition to the biodiversity net gains.
However, in the Lullington decision the Inspector sided with South Derbyshire District Council who opposed the scheme and argued that there were inconsistencies with the Agricultural Land Classification Report particularly regarding the range of BMV land at the site. The Inspector concluded that “a robust assessment has not been made of the grading of agricultural land within the remainder of the study area, which from the data held by Natural England has significant areas of Grade 3 agricultural land.”
Whilst other Inspectors have taken similar positions as in the Lullington case, other decision makers have concluded differently as agricultural uses such as grazing can still be practised on a developed solar site and have accepted that BMV land can be restored and even improve soil quality. Such conclusions have been drawn at the Lords Bridge Solar Farm (July 2023) and Guston Court Farm Scheme (November 2022).
It has continually been debated whether the loss of BMV land for a 40-year period is a temporary change, and that was key in the Lullington appeal decision. The Inspector agreed with the Council’s evidence which argued that 40 years is a generational change and that it would harm the BMV resource that made up 49% of the site area.
Conversely, the Examining Authority in the Longfield DCO decision concluded that the loss of 150ha of BMV land for a 40-year period would not impact the country’s food security and the land had the potential to be used for grazing during its time as a solar farm.
What does the Lullington scheme mean for Solar PV development?
Just because a site has a high percentage of BMV land it does not mean solar PV development is a no go. Indeed, the latest emerging draft of the EN3 National Policy Statement makes clear that the development of ground mounted solar arrays is not prohibited on BMV agricultural land, whilst still noting that BMV land should be avoided ‘where possible’.
A logical rational as to the chosen location and design for the proposal will need to be provided to give an application the best chances of success. This can include detailing the proximity of a site to an appropriate grid connection (considering aspects like date of connection, capacity and cost), land ownership and other environmental constraints amongst others. In ‘choosing’ solar sites, noting the significant challenges around this, applicants should try to:
It looks as though there will remain a significant level of inconsistency for at least the short term in how different solar decisions approach BMV land and whether the use of a site for 40 years is indeed temporary particularly where there is a significant public and/or political resistance to a scheme. Given the urgency around the climate change crisis, and the contribution medium to large scale solar farms can make to helping the transition to renewable energy in the UK this is an issue where consistency and clarity is certainly needed.
If you have any question relating to the development of Solar PV farms, please contact DHA’s Environment Team.
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