Bramley Solar Farm Residents Group v Secretary of State for Levelling Up, Housing and Communities & Ors

Bramley Solar Farm Residents Group v Secretary of State for Levelling Up, Housing and Communities & Ors

The Inspector lawfully exercised planning judgment in considering the Revised Scheme, consultation was fair and met legal standards, procedural fairness was maintained throughout, objections and issues raised by the Claimant were adequately considered, and there was no legal or policy requirement to consider alternative sites; thus, no grounds for quashing the decision were established.

Parties
Claimant: Bramley Solar Farm Residents Group; First Defendant: Secretary of State for Levelling Up, Housing and Communities; Second Defendant: Bramley Solar Limited; Third Defendant: Basingstoke and Deane Borough Council
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Statutory Review Under Section 288 TCPA 1990 / Final Judgment
Outcome
Claim dismissed
Legal Topics
Statutory Review, Planning Permission, Consultation Requirements, Landscape Protection, Alternative Sites, Battery Storage, Procedural Fairness
Administrative Law Planning Law Environmental Law Statutory Review Planning Permission Consultation Requirements Landscape Protection Alternative Sites +2 more

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Parties

Bramley Solar Farm Residents Group

Claimant

Secretary of State for Levelling Up, Housing and Communities

First Defendant

Bramley Solar Limited

Second Defendant

Basingstoke and Deane Borough Council

Third Defendant

Procedural Posture

Statutory Review Under Section 288 TCPA 1990 / Final Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law by considering the Revised Scheme and failing to address substantive and procedural constraints
  2. 2 Whether consultation on the Revised Scheme was procedurally unfair and caused prejudice
  3. 3 Whether the Inspector failed to determine which scheme would be considered before the Inquiry

Ratio Decidendi

The Inspector lawfully exercised planning judgment in considering the Revised Scheme, consultation was fair and met legal standards, procedural fairness was maintained throughout, objections and issues raised by the Claimant were adequately considered, and there was no legal or policy requirement to consider alternative sites; thus, no grounds for quashing the decision were established.

Court Disposition

Claim dismissed

Orders

  • Claim for planning statutory review under section 288 TCPA 1990 is dismissed.