Drayton Manor Farms Limited v Stratford-Upon-Avon District Council

The 2023 solar farm is not an extension to the existing generating station but a separate generating station, functionally, contractually, and physically independent. Its capacity is below the NSIP threshold, so development consent under section 31 of the Planning Act 2008 is not required.

Parties: Claimant: Drayton Manor Farms Limited; Defendant: Stratford-Upon-Avon District Council
Jurisdiction: England and Wales
Judgment Date: 04 January 2025
Procedural Posture: Judicial Review / Final Judgment
Outcome: Declaration granted in favour of the claimant
Legal Topics: Nationally Significant Infrastructure Projects, Development Consent, Declaratory Relief, Solar Farm Planning Permission

Planning Law Administrative Law Energy Law Nationally Significant Infrastructure Projects Development Consent Declaratory Relief Solar Farm Planning Permission

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Parties

Drayton Manor Farms Limited

Claimant

Stratford-Upon-Avon District Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the 2023 solar farm is an extension to the existing generating station under the Planning Act 2008
2 Whether development consent is required for the 2023 solar farm under section 31 of the Planning Act 2008

Ratio Decidendi

Court Disposition

Declaration granted in favour of the claimant

Orders

Declaration that the 2023 solar farm is not an extension to the existing generating station and does not require development consent under section 31 of the Planning Act 2008