Purpose

This decision relates to a Development Consent Order (‘the
Order’) made by the Secretary of State (SoS) under the 2008
Planning Act granting permission for the construction, operation
and decommissioning of a ground mounted solar
photovoltaic electricity generating facility of over 50
megawatts capacity, Battery Energy Storage System, bespoke
access corridor and associated export and connection
infrastructure to the Bicker Fen Substation.
The Examining Authority’s (ExA’s) Report of Findings
and Conclusions and Recommendations is dated the 22 May
2026 and recommended that consent be granted. The
SoS subsequently granted the Order for the reasons set out in
her Decision Letter dated the 21 August 2026.
The Council, as a host authority, is a statutory consultee in the
Development Consent Order process. The Council submitted a
Local Impact Report and Written Representations to the ExA
which are a material consideration in the decision process.
The Council raised a number of objections to the proposal, citing
its potential effects on landscape character and visual amenity,
the loss of best and most versatile agricultural land, impacts on
heritage assets, and concerns regarding the management
of solar waste.
The SoS’s decision raises a number of issues and following
legal advice, the Council, issued a Pre-Action Protocol (PAP)
letter to the Government Legal Department (GLD) and
Beacon Fen Energy Park (the Applicant) on 18 August 2026, as
Stage 1 of the Judicial Review process. The PAP letter notified
GLD and the Applicant of the Council’s proposed claim for
judicial review and set out the grounds of challenge. The Council
received responses to the PAP letter from Applicant on the 28
September 2026. There has been no response from the GLD.
Whilst the GLD have indicated that they intend to issue a
response, due to the limitation period for issuing a Judicial
Review, we are unable to await this response before making a decision to issue
Following a review of the response from the Applicant and
further legal advice having been obtained, it is recommended
that the Council proceeds to issuing a claim for judicial review
in the Administrative Court of the High Court and challenges
the lawfulness of the decision based on the identified grounds.

Decision

To approve the making of an application for permission to apply
for Judicial Review in the Administrative Court of the High Court
in relation to the decision granting a Development Consent
Order for the Beacon Fen Energy Park

Alternative options considered

not challenging the decision