Drayton Manor Farms Ltd v Stratford-Upon-Avon District Council [2025] EWHC 775 (Admin) (06 March 2025)

Drayton Manor Farms Ltd v Stratford-Upon-Avon District Council [2025] EWHC 775 (Admin) (06 March 2025)

The 2023 solar farm is not an extension to the existing generating station but a separate generating station, as there is no functional interdependence between the two facilities. Therefore, the development does not require development consent under section 31 of the Planning Act 2008 and is lawfully authorised by the 2023 planning permission.

Citation
[2025] EWHC 775 (Admin)
Parties
Claimant: Drayton Manor Farms Limited; Defendant: Stratford-Upon-Avon District Council
Jurisdiction
England and Wales
Judgment Date
06 March 2025
Procedural Posture
Judicial Review / Judgment on Claim for Declaratory Relief
Outcome
Declaration granted in favour of the claimant
Legal Topics
Nationally Significant Infrastructure Projects (nsip), Planning Act 2008, Town and Country Planning Act 1990, Declaratory Relief, Solar Farm Development, Development Consent Orders
Planning Law Administrative Law Energy Law Nationally Significant Infrastructure Projects (nsip) Planning Act 2008 Town and Country Planning Act 1990 Declaratory Relief Solar Farm Development +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Drayton Manor Farms Limited

Claimant

Stratford-Upon-Avon District Council

Defendant

Procedural Posture

Judicial Review / Judgment on Claim for Declaratory Relief

Legal Issues

  1. 1 Whether the proposed 32MW solar farm is an extension to an existing generating station for the purposes of sections 14 and 15 of the Planning Act 2008
  2. 2 Whether the development requires development consent under section 31 of the Planning Act 2008

Ratio Decidendi

The 2023 solar farm is not an extension to the existing generating station but a separate generating station, as there is no functional interdependence between the two facilities. Therefore, the development does not require development consent under section 31 of the Planning Act 2008 and is lawfully authorised by the 2023 planning permission.

Court Disposition

Declaration granted in favour of the claimant

Orders

  • It is declared that the 32MW solar farm authorised by the 2023 planning permission is not an extension to an existing generating station for the purposes of sections 14 and 15 of the Planning Act 2008 and does not require development consent under section 31 of the Planning Act 2008.