The WLR Daily case summaries
[2023] WLR(D) 253
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
Chamberlain J
Planning— Development— Planning permission— Developers having planning permission to construct solar farm and substation— Developers making further planning applications for second solar farm and associated infrastructure to be connected to first— Local planning authorities refusing permission on basis solar farms together amounting to nationally significant infrastructure project needing development consent under separate statutory regime— Developers appealing but inquiry adjourned for application to court to determine whether subject 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 comprising NSIP—
Electricity Act 1989 (c 29), ss 36(9), 64(1)
—
Planning Act 2008 (c 29), ss 14(1)(a), 15(1)(2)(c), 55(3)(c), 235(1)