The Public and Third Sector Law Reports
[2023] PTSR 1735
King’s Bench Division
Rex (Durham County Council and another) v Secretary of State for Levelling Up, Housing and Communities
[2023] EWHC 1394 (Admin)
2023 May 23, 24;
June 9
June 9
Chamberlain J
Planning— Development— Planning permission— Planning permission granted for construction of solar farm and substation— Planning permission refused for second solar farm and associated infrastructure to be connected to first— Developers’ appeals raising issue whether solar farms together amounting to nationally significant infrastructure project (“NSIP”) requiring development consent under separate statutory regime— Appeal inquiry adjourned for application to court to determine whether development comprising NSIP— Whether court having power to make such determination— Whether cables and substation connecting two solar farms part of “generating station”— Whether second solar farm “extension” of first— Whether development comprising NSIP—
Electricity Act 1989 (c 29), ss 36(9), 64(1)
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Town and Country Planning Act 1990 (c 8), s 78
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Planning Act 2008 (c 29), ss 14(1)(a), 15(1)(2)(c), 55(3)(c), 115(1), 235(1)