Local authorities in the UK have launched a legal battle against the Sunnica Energy Farm project, claiming the development will put more financial pressure on cash-strapped councils. The Sunnica project was given the green light by the new Labor government in July 2024.
One of the UK’s largest solar and storage developments is facing a legal challenge from local authorities, following the UK government’s decision to approve the project in July 2024.
The Sunnica Energy Farm solar and storage project, which has permission for a grid connection of up to 500 MW, was given development consent after a years-long process, but continues to face opposition from local politicians and campaigners. Plans for the project include a 621 hectare solar farm and 33 hectares of battery storage, spanning the borders of West Suffolk and Cambridgeshire, England.
Secretary of State for Energy Ed Miliband granted a development consent order (DCO) for Sunnica in July 2024 as part of a trio of DCO decisions he made during his first two weeks in office. Local politicians believe that the minister acted too quickly. In a statement announcing legal action, Suffolk County Council councilor Richard Rout accused Miliband of ‘winging the dreadful Sunnica application with reckless abandon’.
Solar projects in England with a capacity greater than 50 MW require central government approval, in the form of a DCO. This process replaces the normal local authority planning process and instead a National Planning Inspectorate advises the Secretary of State on whether projects should go ahead. Sunnica Energy Farm was approved by Miliband, against the advice of the Planning Inspectorate. However, this happened after the introduction of new guidelines for the assessment of nationally significant projects, which came into effect in 2024 after the initial assessment of Sunnica Energy Farm was carried out. The update assigns a status of critical national importance to all forms of low-carbon infrastructure.
In response to the decision, Suffolk County Council, West Suffolk Council, Cambridgeshire County Council and East Cambridgeshire District Council have sent a pre-action protocol letter to the Secretary of State, the first step towards potential judicial review proceedings. Should the Secretary of State and local councils fail to find a compromise, the next step for the councils would be to apply to the High Court seeking judicial review. This claim must be submitted within six weeks of the DCO being granted, i.e. on July 12, 2023.
Local authorities claim the development will lead to significant amounts of additional work, and therefore costs, for local authorities already facing financial pressure. While it is not uncommon for local governments to seek reimbursement provisions to cover the costs associated with managing projects that have been awarded a DCO, the decision to include a reimbursement provision rests with the Secretary of State. The consent order for Sunnica contains no provisions.
Contacted, Sunnica declined to comment.
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