Lullington Solar Park Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor (Re Statutory Review under s.288 Town and Country Planning Act 1990) [2024] EWHC 295 (Admin) (16 February 2024)

Lullington Solar Park Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor (Re Statutory Review under s.288 Town and Country Planning Act 1990) [2024] EWHC 295 (Admin) (16 February 2024)

The inspector's conclusion that the claimant's site selection assessment was not sufficiently robust, due to the absence of soil surveys outside the appeal site and reliance on assumptions about BMV land, was rational and adequately reasoned. The inspector's reference to Oaklands Farm was used to illustrate deficiencies in the claimant's assessment, not as an alternative site, and did not amount to procedural unfairness. The challenge fails on both grounds as the inspector's planning judgment was within his remit and not irrational.

Citation
[2024] EWHC 295 (Admin)
Parties
Claimant: Lullington Solar Park Ltd; First Defendant: Secretary of State for Levelling Up, Housing and Communities; Second Defendant: South Derbyshire District Council
Jurisdiction
England and Wales
Judgment Date
16 February 2024
Procedural Posture
Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Statutory Review, Planning Permission, Best and Most Versatile (bmv) Agricultural Land, Renewable Energy Infrastructure, National Planning Policy Framework (nppf), Site Selection Assessment, Judicial Review Standards
Planning Law Administrative Law Environmental Law Statutory Review Planning Permission Best and Most Versatile (bmv) Agricultural Land Renewable Energy Infrastructure National Planning Policy Framework (nppf) +2 more

Case Brief

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Parties

Lullington Solar Park Ltd

Claimant

Secretary of State for Levelling Up, Housing and Communities

First Defendant

South Derbyshire District Council

Second Defendant

Procedural Posture

Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the planning inspector's assessment of alternative sites and BMV land was irrational or inadequately reasoned
  2. 2 Whether the inspector's approach to the Oaklands Farm proposal was procedurally unfair or flawed

Ratio Decidendi

The inspector's conclusion that the claimant's site selection assessment was not sufficiently robust, due to the absence of soil surveys outside the appeal site and reliance on assumptions about BMV land, was rational and adequately reasoned. The inspector's reference to Oaklands Farm was used to illustrate deficiencies in the claimant's assessment, not as an alternative site, and did not amount to procedural unfairness. The challenge fails on both grounds as the inspector's planning judgment was within his remit and not irrational.

Court Disposition

Claim dismissed