'Unlawful' solar farm plan back for decision
Controversial plans for a solar farm previously rejected by the High Court are set to be approved
By Bill Edgar, local democracy reporter.
The proposal by Lightsource bp for the site near Burnhope, County Durham, will be considered by Durham County Council’s planning committee next week despite a judicial review ruling a previous decision to approve the scheme was “unlawful”.
The authority previously approved the solar farm in March 2023, but after a judicial review legal challenge by Burnhope residents, the permission was quashed by the planning court in February 2024.
“In his decision, Judge Fordham stated that the planning permission was unlawful because the council failed to consider an obviously material factor: whether it was approving more panels over a larger area than needed to produce the stated and lawful electricity generating capacity,” a council report states.
Lightsource bp resubmitted its application for the 92-hectare site last year and said it had improved landscaping to minimise visual impacts. It will be redetermined by the planning committee on Wednesday (March 5).
Up to 14 fields near the County Durham village could be overlaid with panels, including areas near the Chapman’s Well nature reserve.
Objections of landscape harm
However, campaigners argue the proposal is the same size and still contains 110,640 panels. A total of 603 objections and 68 letters of support have been received since the proposal was first lodged. Predominant issues raised include the potential harm to the landscape and nearby homes and the loss of agricultural land.
Objectors argue that the proposal would result in the industrialisation of the countryside, altering the rural character of the village and surrounding areas. “The sheer scale of the proposed development is intimidating,” said Victoria Dodd, a resident. “The encroachment on the village and residents of Burnhope will be overwhelming and should not be allowed to proceed.
“Burnhope is a beautiful, tranquil, rural village in the countryside with scenic walks and wildlife. All of this will be destroyed on an industrial scale by this thoughtless and crass proposal.”
There are also concerns about potential damage to Chapman’s Well Nature Reserve, which is a key ecological site. The disturbance of a nearby foot-and-mouth disease burial site and risks of airborne dust particles are among other concerns raised.
One objector, who withheld their name, told Lightsource bp: “You don’t represent the people of Burnhope or anywhere else for that matter. You represent yourself. You don’t care how much this thing will blight people’s lives, you are just going through the motions until you get your own way.
“The birds and wildlife who don’t have a voice and are going to lose their home because of you, it is they who enrich our lives, not the tosh you talk about. I hope the whole rotten project is fraught with problems and difficulties and causes you nothing but trouble from the start.”
Community benefits
But landowners say the proposed site is unsuitable for growing crops or keeping livestock. Lightsource bp said the project would deliver energy to around 14,000 homes and provide £500,000 in community benefits and millions in business rates.
A statement read: “Lightsource bp have worked proactively with the council throughout the consultation process to address comments raised by internal and statutory consultees.
“Solar farms like this one will also play a key part in helping lower electricity costs and bills for households and businesses. The application is recommended for approval by officers and if you vote to approve this application, you will be voting for an application that will have a significant positive impact on the surrounding area, both environmentally and economically.”
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