Thursday 26 June 2014

Pickles’ solar farm ban overturned by High Court

Plans for a big 24MW solar farm in Suffolk which were rejected by Communities Secretary Eric Pickles have a second chance after a High Court judge overturned the decision last week.

In the High Court, Justice Lindblom found in favour of Lark Energy, stating: “The Secretary of State’s reasons leave genuine doubt that he made his decision on the appeal in the way section 38(6) [of the Planning and Compulsory Purchase Act 2004] required…I believe this is a fatal flaw”.

The scheme, on a former World War two airfield and next to an industrial estate and turkey factory, was recommended for consent by the Planning Inspectorate after a public inquiry.

The Secretary of State then overturned the decision in October 2013.

Jonathan Selwyn, Lark Energy's Managing Director said: "We were surprised and disappointed that the Secretary of State chose to overturn the decision reached by the Planning Inspector and are very pleased that the High Court has determined that this decision was not properly made.”