Following the appeal decision, and after extensive consultation with our legal team, PSAG filed a Judicial Review claim. The challenge focuses on the treatment of grid connection timing and its impact on the planning balance, and the permanent (not temporary) nature of the substation.
Unfortunately the Judicial Review has recently concluded without overturning the planning permission for Potterne Park Farm Solar.
Following the High Court's refusal of permission for the Judicial Review, PSAG considered seeking an oral renewal. However, the Court did not grant the Aarhus costs protection that would have limited liability for the other parties’ costs. PSAG's KC advised that an oral renewal remained arguable, but that the prospects of success were marginal. PSAG could not responsibly expose the campaign and its supporters to potentially significant further costs and therefore decided not to pursue the Judicial Review any further.
That is deeply disappointing, but it does not mean that the development is ready to proceed. Important pre-commencement conditions remain outstanding.
PPF obtained permission at appeal on a specific case:
- a grid connection considerably earlier than November 2037 was accepted as possible and plausible;
- the highway effects were assessed against a six-week construction scenario; and
- planning permission was granted without delay, with development required to commence within three years.
No earlier grid-connection date was identified or evidenced before the Inspector. The judge concluded that it was not unlawful for the Inspector to treat the published November 2037 date as having been superseded by a “newer, albeit unspecific, calendar”—but no replacement date was identified.
PPF’s connection remains dependent upon reinforcement of the Melksham grid supply point. The NESO Existing Agreements Register, published as part of the connections-reform process, records 15 November 2037. Unless PPF secures a confirmed Gate 2 connection materially earlier than November 2037, the Inspector’s expectation of early renewable-energy benefits will not be delivered, leaving a development that incurs substantial commencement and environmental costs many years before generating any electricity.
Construction traffic and commencement
Condition 9 requires a detailed Construction Traffic Management Plan to be approved before any development or associated deliveries begin. It must cover vehicle numbers and frequency, the construction programme, delivery routes, access, holding areas and traffic-management measures.
Paragraph 45 of the appeal decision expressly records that the CTMP set out a six-week construction period. It was on the basis of that period and the accompanying mitigation measures that the Inspector concluded the development would not cause unacceptable or severe highway impacts. Condition 9 requires a final detailed CTMP, and any material departure from that scenario must be properly evidenced and assessed against the basis of the Inspector’s conclusion.
A token commencement would itself trigger substantial obligations and costs. Before development could begin, the developer would need approval of the CTMP and the environmental, ecological, drainage, highway and landscaping plans. Once development commenced, the approved landscaping would have to be planted in the first planting season and maintained thereafter. Those costs could arise many years before the development received any income from exporting electricity.
There is also a separate and unresolved private-law challenge concerning the proposed use of Potterne Park Lane. Neighbouring property owners claiming established rights over the lane have formally notified the developer and Wiltshire Council. Planning permission does not override private property rights.
PSAG will scrutinise the discharge of conditions against the case presented at appeal and hold Wiltshire Council to account for ensuring that it is not materially rewritten. Where justified, we will use the appropriate planning and legal avenues to ensure that the conditions are properly enforced.
PSAG thanks all the residents, supporters, experts and local councillors who have contributed their time, expertise and donations. Without that extraordinary community support, it would not have been possible to mount such a robust challenge.
This phase of legal proceedings may be over, but the campaign to protect Potterne and the Stert Valley is not.
