County council challenges Government’s decision to approve the solar development.
Beacon Fen Energy Park is a proposed 700+ hectare development including solar panels, battery storage and a substation, near Heckington.
The development was approved by the Secretary of State for Energy Security and Net Zero on 21 August through the Nationally Significant Infrastructure Project (NSIP) planning process.
Throughout the planning process, the county council raised concerns that insufficient weight may have been given to the impacts of the development, including its effects on local communities, the rural landscape and agricultural land, and the cumulative effects of several other major solar developments in Lincolnshire.
Lincolnshire County Council has looked at the decision-making process, sought legal advice and has now submitted a claim for a Judicial Review to the High Court to review the decision.
It marks the second judicial review into major solar developments approved by the Government this year, with a joint legal challenge with North Kesteven District Council against the decision to approve Springwell Solar Farm ongoing.
In both cases, a judge will consider the claims and decide whether this can proceed beyond the permission stage to a full hearing.
Cllr Sean Matthews, Leader of Lincolnshire County Council, said: “Following the Government’s decision to approve this development, we carefully considered our options, took legal advice, and we believe there are reasonable grounds to challenge this decision in court.
“Legal action isn’t something we take lightly, but we need to use whatever means we have available to stop these developments eating up our best and most versatile farmland, dwarfing local communities, and covering Lincolnshire in glass.
“Our county is still bearing the brunt of NSIP applications and, with no NSIP application ever being refused in Lincolnshire by successive Governments, it’s important that we take a stand on behalf of our residents and our national food security when we believe we have the grounds to challenge.”
What is a Nationally Significant Infrastructure Project?
A Nationally Significant Infrastructure Project (NSIP) is a project that Government determines is essential for the country’s economy, security, energy system or national infrastructure strategy.
The Government decides which projects are important and then considers them through a separate, national planning process.
An independent Examining Authority examines the application and considers evidence and representations before making a recommendation, with a final decision made by the relevant Secretary of State.
The NSIP process was introduced to streamline planning and decision-making for major infrastructure projects, decentralise decision-making and ensure consistency across regions, and promote economic growth through timely development of infrastructure.
The proposed Beacon Fen Energy Park is part of a concentration of major energy developments across Lincolnshire. The county is currently dealing with various NSIPs at different stages, including several large-scale solar proposals.
Lincolnshire County Council has previously called on the Government to review the NSIP planning process, arguing that it often ignores local views and concerns and has led to a system that has never rejected an application in Lincolnshire since the process was established in 2010.