Lincolnshire councils take solar farm fight to the High Court

Some of Lincolnshire's most productive farmland sits between Lincoln and Sleaford. Now two local councils are asking the High Court to decide whether the government was right to hand it over to the country's biggest solar farm.

Lincolnshire County Council and North Kesteven District Council have formally submitted a claim for a judicial review into the approval of Springwell Solar Farm.

The farm, planned for land near Scopwick, would cover 1,280 hectares, the equivalent of 1,700 football pitches. Developer EDF says it would power around 180,000 homes and include a battery storage facility. Energy Secretary Ed Miliband approved the project in April, following a public inquiry run by the Planning Inspectorate.

Both councils had strongly opposed the plans throughout that process. Officers argued the application failed to properly assess the damage to rural villages and landscapes. Around 580 hectares of the site is classed as "best and most versatile" agricultural land, meaning it is among the most productive in the country.

Lincolnshire County Council leader Sean Matthews said the tension in government policy was impossible to ignore. "On one hand, Defra says we need to safeguard our best and most versatile land, while on the other, the net zero arm of government continues to push through developments on some of the country's most productive farmland," he said.

He called the formal submission to the High Court an "important milestone" but said the council would not be giving a running commentary while the case is live.

North Kesteven District Council leader Richard Wright said the councils had no choice but to act. "To not take this action was not considered to be in the interests of our residents," he said. He added that the secretary of state's decision contained comments "contrary to what we believe to be sound decision-making", and that the challenge also had an eye on future planning applications in the area. Several other nationally significant infrastructure projects are still in the pipeline for Lincolnshire.

The government, which cannot comment while the matter is before the courts, had previously defended the approval as part of its push for clean energy. Ed Miliband said record solar growth was giving Britain greater energy security and reducing its dependence on fossil fuel markets.

A spokesperson for Springwell Solar Farm said the legal challenge was a review of how the decision was made, not the merits of the project itself. "We remain confident in the robustness of the planning process that led to consent being granted," they said.

The councils are not alone in their frustration. Since the nationally significant infrastructure project process was introduced in 2010, no such application in Lincolnshire has ever been refused. Late last year, the government approved a separate 1,200 hectare solar farm near Gainsborough.

A judge will now consider the claim and decide whether there are grounds to proceed to a full hearing.