TerraForm to appeal quashed planning consent of completed UK solar farm

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Solar project investor TerraForm is to appeal a UK High Court ruling which quashed planning permission granted to its Norrington solar farm in the county of Wiltshire.

The company, the yield-co spin-off of US firm, SunEdison, currently faces the prospect of having to dismantle the site after the High Court quashed its planning permission earlier this month, deeming it unlawful, as reported on PV Tech's sister site Solar Power Portal.

TerraForm discussed the matter within its full-year accounts disclosure on Friday and said its UK counsel had advised the firm that the decision “deviates significantly” from established case law and that it now planned to assert a “vigorous defence”.

TerraForm also confirmed that the facility had been constructed by SunEdinson under an engineering, procurement and construction agreement that involved SunEdison assuming all development and construction risk.

As a result, TerraForm said it would be able to recover its investment in the project from SunEdison in the result of an “unfavourable outcome”.

In its ruling, the High Court found that Wiltshire Council had failed to properly notify both the owner of nearby Grade II-listed Gifford Hall and English Heritage as to the site’s development prior to greenlighting the 22-hectare solar farm last year.

Presiding over the case, Mr Justice Dove said Wiltshire Council’s failure to properly consult with the two parties was a “clear legal error” and also condemned what he deemed to be a “flawed” environmental assessment carried out by the council when planning permission was being considered.

SunEdison could not be reached for comment on this story at the time of writing.
 

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