The High Court has quashed planning consent for a large scale solar farm in the open countryside in Sussex. The consent had been granted by Mid Sussex District Council for a solar energy generating station comprising photovoltaic panels and covering a surface area of some 17.1 hectares within a site of 44 hectares at Twineham, West Sussex. The site is in open countryside and within less than 1 km of 18 Grade II Listed Buildings. The grounds of challenge by judicial review were concerned with the Council's failure to assess the significance of the historic buildings and the effect on their setting in accordance with the National Planning Policy Framework.
In granting permission for judicial review Mr Justice Holgate had stated that the grounds were "plainly arguable". The decision was then quashed by consent following the Council agreeing to submit to judgement and pay the Claimant's costs.
Jonathan Clay of Cornerstone Barristers, instructed by Heidi Copland and Chloe Karamian of DMH Stallard LLP, acted for the successful Claimant, Robert Hanley.