The UK’s drive towards net zero has seen a rapid increase in the number of solar farm applications across rural and semi-rural areas.
While the shift to renewable energy is widely supported in principle, the location and scale of certain proposed solar developments have sparked opposition from local residents concerned about landscape impact, agricultural land use, and property values.
From a legal standpoint, objecting to or challenging a solar farm requires a clear understanding of the planning framework, public consultation process, and judicial review options available.
Here, we explore the key legal avenues for residents looking to make their voices heard – or even formally oppose a development.
The Planning Process for Solar Farms
Most solar farm projects in the UK require full planning permission from the local planning authority (LPA), unless they fall under specific size thresholds allowing permitted development rights (typically only applicable to very small, private installations).
The planning application process involves:
- Submission of detailed plans and environmental reports
- Consultation with statutory bodies (such as Natural England, Historic England)
- A period for public comments and objections
- Assessment against the local development plan and national policies
Developers are encouraged, though not always required, to conduct pre-application consultations with the local community.
Useful guidance on when planning permission is needed for solar installations can be found via resources like Heatable’s Solar Planning Permission Guide, which outlines the standard approval requirements for both domestic and commercial projects.
Grounds for Objecting to a Solar Farm
Legally, objections must be based on material planning considerations. Emotional arguments or generalised concerns are unlikely to carry weight. Common valid grounds for challenging solar farm developments include:
- Landscape and Visual Impact Particularly where the site lies within or near Areas of Outstanding Natural Beauty (AONBs) or green belt land.
- Impact on Agricultural Land Loss of high-grade agricultural land (Grades 1, 2, or 3a) can be a material consideration, especially when food security is an emerging national concern.
- Biodiversity and Ecology Effects on protected species, habitats, or ecological networks must be assessed under the Natural Environment and Rural Communities Act 2006.
- Cumulative Impact If a new solar farm were to add to an existing concentration of developments, the cumulative landscape and infrastructure impacts may be significant.
- Heritage Concerns Proximity to listed buildings, scheduled monuments, or conservation areas requires careful consideration under the Planning (Listed Buildings and Conservation Areas) Act 1990.
- Traffic and Infrastructure Construction and maintenance traffic impacts on narrow rural roads can also be relevant.
Objectors should aim to present clear, evidence-backed objections aligned to these material considerations within the public consultation window, usually 21 days from notification.
Post-Approval Options: Judicial Review
If planning permission is granted despite objections, the main legal recourse is a judicial review.
A judicial review does not challenge the merits of the decision itself but examines whether the LPA acted lawfully in granting permission. Grounds for judicial review could include:
- Procedural unfairness (e.g., failing to properly consult)
- Irrationality (a decision so unreasonable that no reasonable authority could have made it)
- Breach of statutory duties (e.g., failure to consider environmental impact assessments properly)
Judicial reviews must be brought promptly, and in any event within six weeks of the planning decision being issued. Challengers must first obtain the court’s permission to proceed, and cost risks can be substantial unless protected under environmental claims cost capping rules.
The Importance of Early Engagement
From a legal and strategic perspective, the best opportunity to influence a solar farm application comes early in the planning process. Well-argued, planning-based objections submitted during consultation are far more likely to influence an LPA’s decision than legal challenges after approval.
Final Thoughts
While the urgent need for renewable energy is undeniable, the planning system must balance this against protecting local landscapes, agricultural land, and community interests.
Challenging a solar farm requires clear, evidence-led objections based on planning law principles – and if necessary, timely and carefully considered legal action.
Early engagement, informed arguments, and professional advice, where appropriate, are essential for residents seeking to have a genuine influence on solar developments in their local area.
References
- Heatable – Do You Need Planning Permission for Solar Panels? https://heatable.co.uk/solar/solar-panels-permission
- Energy Networks Association – Solar Farm Planning Guidance https://www.energynetworks.org/industry-hub/resource-library/planning-guide-for-solar-farms.pdf
- National Planning Policy Framework – UK Government Guidance on Renewable Energy Projects https://www.gov.uk/guidance/renewable-and-low-carbon-energy
- Planning Portal – Planning Permission: Renewable Energy https://www.planningportal.co.uk/permission/common-projects/renewable-energy