Planning Permission Granted for 49.9MW Solar Farm in Nottinghamshire

23 October, 2024

Planning permission has been granted on appeal for a 49.9MW Solar Farm on a 94.24ha site in Nottinghamshire following a six day public inquiry.  

Planning Permission Granted for 49.9MW Solar Farm in Nottinghamshire

23 October, 2024

Planning permission has been granted on appeal for a 49.9MW Solar Farm on a 94.24ha site in Nottinghamshire following a six day public inquiry.  

The Inspector concluded that the identified low level of less than substantial heritage harm was outweighed by the substantial public benefits which would flow from the generation of renewable energy. The Inspector also concluded that the use of 30.2ha of best and most versatile agriculture land for renewable energy generation was justified. He also concluded that the Appeal Scheme complied with both the sequential and exception tests regarding flood risk. All in all, and notwithstanding identified adverse landscape and visual impacts (which the Inspector noted were not permanent), the Inspector concluded that the appeal should be allowed as the harm was outweighed by the many benefits. He noted that the appeal scheme would result in "significant renewable energy generation that would cumulatively add substantially to meeting national targets" which "weighs significantly in favour of the proposal". 

The Appeal Decision is also of note for a number of reasons. The Inspector had to decide whether or not the proposed capacity meant that the development was, in fact, a NSIP for which a DCO was required. The Inspector concluded that it was not a NSIP and that the appropriate route was, as the Appellant had argued, section 78 of the TCPA 1990. 

Isabella Tafur and Mark O'Brien O'Reilly, instructed by Burges Salmon LLP, acted for the successful Appellant Renewable Energy Systems (RES) Ltd.