Skip to main content
Find a National Infrastructure Project

Beta This is a beta service - your feedback will help us to improve it

Advice to Anthony Thompson

Back to list

Enquiry

From
Anthony Thompson
Date advice given
6 August 2024
Enquiry type
Email

In a public meeting on December 2nd 2022, I asked the CEO of Blenheim Estate (the landowner of 95% of the land on which Botley West Solar Farm is proposed) what due diligence had Blenheim completed in respect of Photovolt Development Partners GmbH (“PVDP”) and their ability to deliver such a large and complex project. He was dismissive of my question, and as a result I was concerned enough to start researching both Blenheim Estate and PVDP, in terms of their respective capability and experience in this specialist area. The attached summary indicates a very disturbing disparity between the solar site development claims being made by PVDP to PINS and the press (to support their credentials as experienced in building large scale solar power stations) and their actual experience. I noticed that this is particularly true in respect of the statement made to PINS during the 19 October 2022 Inception Meeting. In addition to the summary, I have attached two reference papers. These have been accessed from open source material available through online research. The advice I am seeking is to understand how it might be possible to ensure that the Inspectors have access to the most recent and verifiable information, and therefore the accuracy of an applicants claims, when assessing any application that might be lodged. Context is important and the context of my query is the assertion in the very first meeting of PVDP with PINS on 19th October 2022 made by PVDP that they have delivered solar farms of scale previously, where in fact it would appear that they divested of the largest of the approved schemes they have secured, before actually building them. This is relevant in that it needs to be clarified; a) have PVDP actually got the experience they claim they have, particularly in this instance where they are proposing a scheme that would be significantly larger than any other scheme they have received permission for previously. b competence is critical given that the proposed scheme is so large that it would be the largest in Europe, and c) where, if they are planning to sell the investment having secured permission but not actually built Botley West, we are not aware of whom we might actually be dealing with in respect of the delivery of a NSIP.

Advice given

Dear Anthony, Section 51 Advice is published in accordance with Planning Act 2008 (legislation.gov.uk). This advice will be published alongside your original query as soon as practicable. If an application by Photovolt Development Partners (PVDP) on behalf of SolarFive Ltd ('the Applicant') is forthcoming it will be examined through the Planning Act 2008 (PA2008) process. However, the Applicants proposal is still at the Pre-application stage of the process, and the Planning Inspectorate does not have a formal role in receiving representations about the scheme at this time. Until an application is formally made to the Planning Inspectorate any comments about the proposal should be sent directly to the Applicant. If you have not already done so, we would encourage you to send the comments comprised within your email to the Applicant. If an application is submitted to the Planning Inspectorate a 28 day period will commence within which a suite of tests will be applied to the application and a decision made (on behalf of the Ministry of Housing, Communities and Local Government (MHCLG)) about whether or not the application is of a standard that is satisfactory to be examined. If the application is formally accepted, one or more Inspectors will be appointed as an Examining Authority (ExA) to conduct a 6 month examination of the application. It is at this stage that you can use the Relevant Representation form to raise the matters in your correspondence shared with us to date, for the attention of the ExA to consider during the Examination. Please see our advice pages for further information about participating in an examination, in particular the suite of advice under Advice Note 8. Following the examination the ExA will report to the relevant Secretary of State (SoS), being the SoS for the Department for Energy Security and Net Zero who will make the final decision about whether or not development consent will be granted for the scheme. In relation to your point about the transfer of benefit, Applicants are advised to give careful consideration to the terms of the transfer Article they include in their draft Development Consent Order (DCO) so as to ensure that it reflects how they envisage the NSIP being operated post-consent. Section 156 of the PA2008 provides that a DCO has effect for the benefit of the land and all persons for the time being interested in the land; although this is subject to any contrary provision made in a DCO. DCOs usually include an Article setting out who enjoys the benefit of the DCO and terms for the transfer of the benefit of any or all of the provisions of the DCO, including any consent that may be required. You may wish to subscribe to receive email notifications for key events that occur after an application has been submitted to the Planning Inspectorate: Get updates | Botley West Solar Farm (planninginspectorate.gov.uk)