A £10m solar farm in Wiltshire could have to be removed after a judge found a string of errors in the grant of planning permission.
Dove J exercised his discretion to quash the permission for photovoltaic panels covering 22 hectares of agricultural land at Broughton Gifford, after finding that the first that the owner of nearby Gifford Hall heard of it was when installation began last March.
Even though the solar farm started producing energy last June, he ruled that the errors made by Wiltshire council meant that the permission must be quashed.
He found that Daniel Gerber, who lives at Grade II* listed Gifford Hall, had a legitimate expectation of consultation, while the council had also failed to consult English Heritage, as was required once it was considered that the solar farm development would have an impact on the setting of listed buildings and a conservation area.
In addition, he found that the council’s screening opinion had been flawed, and that it failed to address whether the project would be likely to have significant environmental effects.
Solar farm tenants Norrington Solar Farm and Terraform Power gave evidence that the installation cost £10.5m and restoration of the land would cost £1.5m.
The judge said: “I attach significant weight to this undoubted and very serious financial prejudice which is not in my view ameliorated to any significant extent by the fact that the installation is temporarily consented and must therefore be designed ultimately for removal.
But he added: “On the other hand, the legal errors which have occurred in this case are serious.
“The proper consideration of the interests of a nationally protected heritage asset and observing the requirements of EU environmental law are, in my view, or particular importance to the question of discretion in this case. In the circumstances I am satisfied that it is appropriate for the planning permission to be quashed, rather than declaratory relief granted.”
Gerber v Wiltshire Council Planning Court (Dove J) 5 March 2015
Jenny Wigley (instructed by Richard Buxton Solicitors) for the Claimant
Jonathan Wills (instructed by Wiltshire Council) for the Defendant and 2nd and 3rd Interested Parties
