Solar Development on Agricultural Land: energy security v food security

It is trite to note that solar development requires significant tracts of land which, in some cases, could be put to alternative agricultural uses; loss of good agricultural land is proving a fertile ground of challenge for objectors.  Criticism of the existing policy framework and guidance for proposals for solar development on agricultural land points to it being unwieldy and, in some cases, contradictory, resulting in inconsistent decision making across the country.  The Written Ministerial Statement by the Secretary of State for Energy Security and Net Zero dated 15 May 2024 (WMS) is intended to provide guidance as to how competing policies concerning energy security and food security should be balanced.  The WMS seeks to address this inherent tension, building on recent policy changes, notably:

• In December 2022, the NPPF was updated to ensure that “the agricultural land used for food production should be considered…when deciding what sites are most appropriate for development” (see footnote 62 to Paragraph 181).  Paragraph 180(b) also requires planning policy and decisions to recognise the economic and other benefits of best and most versatile agricultural (BMV) land; and
• National Policy Statement for Renewable Energy Infrastructure (EN-3) which came into force on 17 January 2024 deals explicitly with agricultural land classification in the context of solar development stating (inter alia):
  • Where possible, solar development should utilise previously developed land, brownfield land, contaminated land and industrial land preferring poorer quality agricultural land to higher quality, and avoid the use of BMV land[i] (paragraph 3.10.14);
  • While development of ground mounted solar arrays is not prohibited on BMV land, the impacts of such are to be considered, particularly in relation to biodiversity and ecological conservation and cultural heritage (paragraph 3.10.15);
  • Applicants should explain their choice of site, noting the preference for development to be on brownfield and non-agricultural land (paragraph 3.10.16); 
  • Consideration should be given as to whether it is possible for continued agricultural use and/or co-location with other functions (for example, onshore wind generation, or storage) to maximise the efficiency of land use (paragraph 3.10.17);
  • The Agricultural Land Classification is the only approved system for grading agricultural quality in England and Wales (paragraph 3.10.18); and 
  • Applicants are encouraged to develop and implement a Soil Resources and Management Plan which could help to use and manage soils sustainably and minimise adverse impacts on soil health and potential land contamination (paragraph 3.10.19).

The key points set out in the WMS include (among others):

• Protecting Best Agricultural Land.  The WMS explicitly refers to EN-3 and confirms that “the highest quality agricultural land is least appropriate for solar development and as the land grade increases, there is a greater onus on developers to show that the use of higher quality land is necessary”.  Applicants for Nationally Significant Infrastructure Projects should avoid the use of BMV land where possible.
• Addressing cumulative impacts.  When considering whether planning consent should be granted for solar development it is important to consider not just the impacts of individual proposals, but also whether there are cumulative impacts where several proposals come forward in the same locality.
• Supporting rooftop solar and brownfields solar development.  This reiterates various incentivisation schemes for such development including VAT relief and reduced rates where energy saving materials (including solar panels) are installed in residential accommodation and buildings used solely for a relevant charitable purpose, the Improving Farm Productivity grant providing funding for the installation of rooftop solar at farms, and changes to permitted development rights for large scale commercial rooftop solar.

Key takeaways:

• The importance of solar as a key tool in the UK’s journey to net zero is confirmed (also illustrated by a failed attempt to curtail certain large scale solar development on BMV land through amendments to the then Energy Bill in July 2023).
• The WMS emphasises the favourable solar policy set out in EN-3 and indicates a move away from the position articulated in the 2015 WMS that any proposal for a solar farm involving BMV land “would need to be justified by the most compelling evidence”. 
• The language of the WMS reflects the NPPG which states that one factor to be considered in deciding large applications for ground mounted solar is whether “the proposed use of any agricultural land has been shown to be necessary and poorer quality land has been used in preference to higher quality land”.  This has, in some cases, been interpreted as requiring an alternatives assessment.
• All in all, the WMS doesn’t represent any real shift from the current approach to solar development. It confirms there is a sliding scale of suitability of land and it will ultimately be for the applicant to robustly defend its site selection (including an assessment of alternatives). 

[i] BMV land comprises land defined as grade 1 (excellent quality agricultural land), 2 (very good quality agricultural land) or 3a (good quality agricultural land) of the Agricultural Land Classification.