Lincolnshire councils are taking the fight against the UK’s biggest solar farm to the highest court in the land.
Action has officially been launched against the Springwell project, which could cover 1,280 hectares of countryside near Scopwick, between Lincoln and Sleaford.
The ‘nationally significant’ project was approved by the government in April, which said it would be able to power 180,000 homes.
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However lawyers for Lincolnshire County Council and North Kesteven District Council have on Thursday (May 28) submitted a claim for a Judicial Review, which they hope will overturn the scheme.
The application from EDF Renewables UK and Luminous Energy has been extremely controversial, and the outcome could have huge ripple effects for Lincolnshire.
There are several possible routes for what happens next.
The two councils have applied to the Judicial Review to the High Court – however, this isn’t a guaranteed result.
The court may decide that the councils’ arguments don’t have merit.
They claim that the Secretary of State didn’t properly assess the impact of the solar farm on rural Lincolnshire, or how much top-quality farmland is being eaten up by various projects.
If the court rejects it, the application will be free to proceed, with two years of construction expected to begin in 2027.
The ‘temporary’ permission would let it operate for 40 years, meaning the panels likely won’t be fully removed until the 2070s.
This defeat would be a blow to Reform’s policy of ‘lawfare’ in which they’ve promised to use legal hurdles to make solar farm developers’ lives as difficult as possible.
If the case is accepted, it will likely lead to days or weeks of argument at the High Court.
This could be the worst case for the councils, spending up to £500,000 of taxpayer money without anything to show for it.
North Kesteven District Council leader Richard Wright said the appeal “will come at a cost, which we will share, but to not take this action was not considered to be in the interests of our residents”.
It would also set a legal precedent on how difficult solar farms are to block, as future campaigners wouldn’t be able to rely on the same arguments.
Residents in North Kesteven and West Lindsey, which are being inundated by the applications, already say they feel like they don’t have a voice in the process.
This result would only make that worse.
But in an alternate timeline, the High Court might decide that the Secretary of State made a mistake in his decision.
This would be a major victory for the Lincolnshire councils, communities and campaigners who had argued against solar farms.
It would be back to the drawing board for the Springwell designs – although of course the developer would have the chance to appeal.
There would be a chilling effect on other ‘nationally significant’ solar farm applications who would fear similar legal fights.
The nearby Leoda solar farm announced last month that it is being put on hold “in light of the evolving policy and regulatory landscape” – a likely reference to the legal challenge.
Council leaders would likely see the court costs as money well spent if they’re able to draw a line under the influx of projects to Lincolnshire.
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