Mrs Justice Lieven has refused permission to apply for judicial review of the development consent order for the Stonestreet Green Solar project, in a claim brought by Aldington and Bonnington Parish Council, after an oral permission hearing on 23 April 2026 with judgment handed down on 24 April.
The project comprises solar arrays and battery storage near the village of Aldington in Kent. The challenge was brought on three grounds concerning heritage matters, consistency with an appeal decision for another solar farm, and the reasons given the Examining Authority and the Secretary of State for Energy Security and Net Zero.
The case is an early example of two of the recent reforms to challenges to nationally significant infrastructure projects. First, the question of permission to apply for judicial review was determined at an oral permission hearing, without a paper stage, pursuant to the new provision to that effect in Practice Direction 54D paragraph 3.7. Secondly, in certifying the application as totally without merit, the Judge’s decision engaged the new restriction on appeal to the Court of Appeal, as introduced by section 13 of the Planning and Infrastructure Act 2025.
Hugh Flanagan acted for the Interested Party, Evolution Power, instructed by Charlotte Dyer and Leon Culot at Herbert Smith Freehills Kramer LLP.