Test Valley Borough Council (appellant) v Fiske (respondent) & another
Thursday 10 October 2024
On 12 September 2023, Morris J determined that the judicial review challenge brought by Mrs Fiske against the decision dated 27 April 2022 of Test Valley Borough Council to grant Woodington Solar Limited planning permission pursuant to section 73 Town and Country Planning Act 1990 “varying” the conditions in respect of an earlier planning permission was successful.
That earlier planning permission granted on 4 July 2017 was for the development of a solar farm, including ground mounted solar panels and an electricity substation, a 33kV substation, on approximately 72 hectares of agricultural land at Woodington Farm.. The 2022 Permission removes the 33kV substation.
Morris J found that the 2022 Permission was outside the power conferred by section 73 TCPA and was thus unlawful.
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