Giles Secures Complete Victory in High Court Challenge to Kent Solar Farm Permission

R (Rodmersham Parish Council) v Swale and Voltalia UK Ltd [2026] EWHC 2381 (Admin).

Acting for the LPA, Giles Atkinson resisted a JR challenge to the grant of permission for a 65 hectare solar farm in the Kent countryside. 

Rejecting the four grounds raised, the Court found first that there had been no breach of Article 40 DMPO, neither technically nor in spirit,  by the Council in publishing a draft S.106 Agreement minutes before the planning committee. Second, the officer in his report to committee had asked himself the correct question about whether the previous negative Screening Opinion needed to be revisited.  Answer: no. Nor, on the third point,  had the Chairman of the planning committee misdirected members with his remarks made before the vote, materially or at all.  Finally, the fourth point, there was no Tameside duty of enquiry triggered in the circumstances of this case.