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 it is recommended that the Council proceeds to Stage 1
of the Judicial Review process and challenges the decision based
on a number of identified grounds.

Decision

To approve the issuing of a Pre-Action Protocol letter (Stage 1
of the Judicial Review process) under Section 118 of the
Planning Act 2008, against the Development Consent Order
granted by the Secretary of State for Energy Security and Net
Zero for the Beacon Fen Energy Park.

Alternative options considered

Not challenging the decision