Second High Court challenge over Sunny Oaks approval near Wootton

The Isle of Wight Council is heading to the High Court once again, facing a second legal challenge over its handling of the controversial Sunny Oaks Renewable Energy Park application, amid allegations of procedural failings, misapplied planning policy, and unresolved safety concerns.

The case is due to be heard in court next month, following permission granted for another Judicial Review into the Council’s July decision to approve the solar and battery storage scheme at Whiterails Road in Wootton. It follows an earlier legal challenge in 2023, when the council agreed in the High Court to a quashing order in respect of the first approval, after it was accepted that councillors had not been given essential information about fire risk in an officers’ report.

A submission by campaign group, Wootton Against Arable Solar Panels, into a new report on an amended application, alleges that significant errors have still not been addressed. The document claims the Council relied on a “critically flawed” sequential test, misclassified flood risk, and accepted a drainage strategy with “zero infiltration testing” despite the site’s clay soils and history of flooding.

Fire safety remains an issue. The campaigners argue that the officer’s report “glosses over” national guidance, highlighting the absence of an Automatic Water Fire Suppression System, insufficient access for 26 tonne appliances, and no modelling of the dispersal of hazardous gases.

It says that the Fire and Rescue Service’s recommendations were treated as “advisory only”, despite the High Court previously ruling that fire risk information was essential for lawful decision making.

Campaigners also allege that key features on the site were mapped inaccurately in the planning documents, affecting emergency access arrangements. The report also criticises the Council over other issues, including for relying on a draft, unsigned Section 106 agreement, which they say is contrary to national policy which requires agreements to be secured before permission is granted. It concludes that “the plan does not meet NPPF’s (National Planning Policy Framework’s) requirement that ‘the application shows how risks will be mitigated’.”

The Judicial Review scheduled for May 6 will examine whether the Council followed correct legal processes. It is being brought by Luke Davis, who owns adjacent Fattingpark Copse. His own objection claims that his land, which contains ancient woodland, would “become uninsurable in its current form due to fire and other risks caused by the panels” if the application was approved.

Mr Davis said: “This case is not about opposing renewable energy or preventing progress. It is about ensuring that decisions affecting our landscapes, our communities, and our ancient woodlands are made lawfully, transparently, and with proper regard to the evidence. I am grateful that the Court has recognised the importance of these matters.”

An Isle of Wight Council spokesma said: “A second legal challenge has been made against the planning permission granted for a renewable energy park at land off Whiterails Road, Wootton  under reference 22/01585/FUL. Both challenges have been brought by the same individual.

“The Council agreed to a quashing order for the first challenge. However, after taking legal advice, the Council believes it has strong grounds to defend the second challenge. Because of the nature of the issues raised, the Council considers it important to uphold and defend its decision.”

The IW Observer has also asked the IW Council how much it cost to deal with the first Judicial Review of the original decision.