Emma Hadley
Senior Associate
Article
There is no doubt that over the past decade the increasing use of land for solar farms in the UK has divided many, with developments often being branded an eyesore. However, with the recent developments in planning laws, the implementation of Biodiversity Net Gain (BNG) requirements and the new Labour Government's Energy Secretary, Ed Miliband, describing solar power as being "crucial to achieving net zero", opportunities for solar development seem stronger than ever.
The question is though, where should new solar developments be located? This depends on a plethora of factors, including grid connection availability, land availability, biodiversity net gain (BNG) targets and economy of scale amongst others.
Grid connection availability remains notoriously tricky in some parts of the country. However, as historic sites start to decommission and technological advancements, we are beginning to see new opportunities for ever larger sites compared to their counterparts of 10 years past. This is demonstrated with the proposed 500MW Sunnica solar farm in Suffolk, Cambridgeshire, covering a potential 1,000 hectares which will be the largest in the UK.
The existing use of the land is also a key consideration. The Government has made no secret of the fact that it has discouraged developers from using the 'best and most versatile land' for food farming, and in fact “applicants should, where possible, utilise suitable previously developed land, brownfield land, contaminated land and industrial land".[1]
When considering brownfield or past industrial sites, whilst these pose challenges such as possible historic contamination (and potential costly and lengthy clean up processes), access issues and existing utility infrastructure crossing the land to name a few, they might also offer a silver lining in the form of the achievability of higher levels of BNG.
BNG became a mandatory planning requirement on 12 February 2024, with its aim to create and improve natural habitats, making sure "development has a measurable positive impact on biodiversity, compared to what was there before development."[2]
Brownfield sites provide a greater potential to achieve higher BNG where the baseline position is lower, and solar farm layouts can optimise ability to improve habitat and ecology alongside and beneath PV panels – for BNG, it's a win-win.
So perhaps it's time for solar developers to cast a wider net and focus on some less obvious choices of land? By utilising alternative types of land, could this preserve the agricultural land for food production and at the same time re-generate otherwise wasted land, and increasing BNG credits in the process...? What's clear though is the commitment from the new Government to utilise solar development to achieve the country's net zero target.
Speak with our experts Emma Hadley and Helen Emmerson to understand how we can help you identify and understand challenges in undertaking solar development projects and to take advantage of the opportunities arising in what is a fast paced and heavily regulated sector.
Working across several practice areas, our Energy team operates internationally, serving clients in numerous technologies, including solar development. We also regularly advise parties at every stage of the supply chain to include governments, project developers, investors, energy suppliers and technology companies.
Footnotes
[1] National Policy Statement, January 2024NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.