The 500MW Green Hill Solar Farm near Walgrave can be challenged in the High Court until Thursday 19 November. After that, the 60-year consent stands.

Thursday 19 November is the last day anyone can go to the High Court to challenge the Green Hill Solar Farm. The Government gave the 500 megawatt scheme development consent on 8 October. It covers nine sites spread across farmland north and east of Northampton, from Walgrave down to the National Grid substation at Grendon.

A consent of this kind can only be challenged by judicial review. The claim has to reach the Planning Court within six weeks, starting the day after the decision was published. That is set out in the annex to the Secretary of State’s decision letter, which went up on the Planning Inspectorate’s website on 8 October. Six weeks from 9 October ends on 19 November.

What was approved

The Planning Inspectorate’s announcement says the decision was made by Baroness Curran on behalf of the Energy Secretary. The developer is Green Hill Solar Farm Limited.

The scheme, as described in the Examining Authority’s report, includes:

  • ground-mounted solar panels on eight sites, named Green Hill A, A.2 and B to G
  • a battery storage site next to Grendon Substation, with the option of a second battery store at Green Hill C
  • substations at each site and a cable route linking them, which crosses the A45
  • works at Grendon Substation to connect to the national grid
  • new permissive paths for walkers, cyclists and riders

The report places the sites around Walgrave, Mears Ashby, Earls Barton, Bozeat, Grendon, Easton Maudit and Lavendon. The land falls within West Northamptonshire, North Northamptonshire and Milton Keynes.

The panels can stay for up to 60 years. The report says construction would start in the first quarter of 2027 at the earliest and run to 2029, the year of its grid connection.

Where the councils lost the argument

West Northamptonshire Council objected to parts of the scheme to the end of the examination, alongside North Northamptonshire Council. The decision letter records three points the two councils maintained:

  • the 60-year life is too long, and the 40 years that national policy calls “typical” would be better for local communities
  • a 60-year use of the best farmland is closer to a permanent loss than a temporary one
  • the scheme would be a fundamental and long-lasting change to the character of the landscape

The minister disagreed on the 60 years. Her letter says that while 60 years “is a long time, it is a fixed-term, and is reversable”.

The letter accepts that 854.5 hectares of the best and most versatile farmland will not be available for arable farming for the life of the scheme. It treats 4.3 hectares of that, under the substations and batteries, as a permanent loss. It gave the harm to farmland, heritage and the landscape “moderate negative weight” each, and the need for the project “substantial positive weight”.

The examination drew 1,262 relevant representations.

Changes near Walgrave

The inspectors asked about the effect of Green Hill A on the village. In response, the developer took the panels out of one field, AF29, beside Newland Road. That field will now stay open as arable land, and it counts towards habitat for skylarks.

Surveys found 286 skylark territories across the sites, the decision letter says. With the mitigation, 44.6% of that skylark habitat is retained or replaced.

Two things residents asked for are not in the consent:

  • a restoration bond to pay for removing the panels if the operator cannot. The minister said national policy does not require one.
  • a community benefit fund. The developer has said it will set one up, but the letter says such funds are voluntary and cannot be counted in a planning decision, so the order does not mention it.

What the MP said

Stuart Andrew, the MP for Daventry, said in a statement on 15 October that he remained “disappointed by the decision”. He said too little weight had been given to taking farmland out of food production “for up to 60 years”. He thanked the Stop Green Hill campaigners and parish councils who objected.

What it means for you

If you live near one of the sites and believe the decision was unlawful, the window to bring a judicial review closes on 19 November. A judicial review looks at how the decision was made, not whether it was the right one. The decision letter advises anyone considering a challenge to take legal advice first. The Administrative Court Office at the Royal Courts of Justice is on 020 7947 6655.

If no claim is brought, the consent stands. The detailed plans the councils must now approve, for landscaping, construction traffic and decommissioning, are set as requirements in the order as made. Every document is on the project’s Planning Inspectorate page.