Hilary Benn – 2014 Parliamentary Question to the Department for Communities and Local Government

The below Parliamentary question was asked by Hilary Benn on 2014-06-25.

To ask the Secretary of State for Communities and Local Government, how much his Department spent in legal fees during the judicial review brought against his Department on the solar farm at Ellough Airfield, Suffolk.

Kris Hopkins

Planning casework is a quasi-judicial function of the department, and as was the case under the last Administration, it attracts a high volume of legal challenges. This is particularly the case in light of the long-term growth of both judicial review and the growing creep of European Union directives, regulations and case law.

Yet to place the Department’s spending in context, I would observe that the Department spent £1.7 million in external lawyers’ fees in 2009-10 (excluding Treasury Solicitors), in 2013-14, the figure had fallen to £699,000.

The proposed application for a sizeable solar farm development in Suffolk was refused by Waveney District Council. That decision was appealed by the developer, was recovered for Ministerial decision, and that appeal was refused by the Secretary of State. The decision letter outlines the reasons, but particular issues included the effect upon the character and appearance of the countryside.

The appellant, Lark Energy, challenged the decision in the High Court; four of the five grounds of challenge were rejected by the Court. The challenge however succeeded on just one ground – a technical point of law on the application of the statutory test for appeals under the relevant planning legislation. The Department spent £6,596 (ex VAT) in defending this challenge. The appeal is now back with the Department for re-determination.

Equally, I would observe that a week later, the High Court upheld the decision of the Secretary of State in a recovered appeal to refuse a proposed six turbine wind farm on the Somerset Levels, following its initial refusal by Sedgemoor District Council. The applicants, Ecotricity, were ordered to pay the Department’s costs (which may be in the region of £9,000).

All decisions on recovered appeals are taken by the Secretary of State on their merits, following due process and after careful consideration of both the public inquiry evidence and the independent Inspector’s recommendation.