The production of clean energy is a hot topic with the government recently announcing that they will be providing £180 million in capital grants for rooftop solar projects on, or around schools and NHS sites.
The push towards renewable energy means, solar farm developments are becoming more mainstream. It is government policy that ground mounted solar farms are constructed in areas of previously developed or lower grade agricultural land. However, the government also states that land type should not be the overriding factor in deciding whether a site is suitable. Given the argument that the solar farms are temporary, fully removeable and do not compromise soil quality and, in view of the multiple challenges currently facing farmers, the use of agricultural land for solar development as part of farm diversification, is becoming increasingly commonplace.
The move to clean energy is, of course, made with the wider positive environmental impact in mind. The government policy is, renewable energy schemes, including ancillary development, will be under a presumption in favour of permission where the necessary considerations are, or will be made, acceptable. But, are the needs of rural neighbours and communities being fully considered by the solar farm developers?
Moore Barlow Rural law solicitors specialises in providing expert legal advice to rural landowners and we are very used to drafting and exchanging options for Solar Leases with developers over land for our landowning clients. We also find ourselves advising equestrian facilities and equestrian businesses situated in rural communities where no conflict occurs with our existing client base, as these set ups are increasingly affected by new solar farm proposals. Here we consider the unique challenges presented for the owners of these facilities and, their horses.
What is a sensitive neighbour?
The impact a solar farm proposal has on a neighbour’s use of their own land, by virtue of matters such as noise, dust, odour, shadow flicker, air quality and traffic should be taken into consideration by the developer. It is reasonable to consider equine facilities as a ‘sensitive’ neighbour as, they are highly likely to be affected by these matters both during the construction phase and afterwards.
Why do people object to solar farms?
There are a number of reasons that may cause neighbouring residents to object to planning permission being granted for a new solar farm development, specifically in a rural setting.
One major concern highlighted is, the development of solar farm sites often see proposals for construction traffic to use rural or single-track roads, over a period of many months. For horse owners with properties or facilities abutting or using such roadways for hacking, this can bring huge disruption. The safety of the rider and of the horse in preventing spooking or bolting, will need to be carefully considered. This traffic gives rise to a very real danger to rider safety and to the safety and wellbeing of the horse, particularly bearing in mind the British Horse Society’s recent article in which it stated drivers passing too quickly or closely cause 81% of equine related incidents. Government policy compliance for relevant proposals means, that a robust assessment of the impact on ‘sensitive’ neighbours should be carried out and mitigation measures put in place to prevent harm.
Do solar farms impact the use of my land?
The use of grazing land and equine schooling and menage facilities can also be affected. Horses are highly perceptive and are sensitive to changes in their environment. The disruption that construction traffic can bring, followed by subsequent ongoing checks and maintenance of the solar farm, may cause horses to spook, spin or bolt leading to a very real risk for injury and harm to come to the horse. Local Planning Authorities may commission their own independent assessment of the proposals to ensure that it is satisfied what the degree of harm may be and, whether reasonable mitigation opportunities are being taken.
What about my view?
Consideration should be given as to whether there is a suitable screening in existence by way of established hedgerows and trees. This is not only to mitigate the aforementioned risks but, the National Planning Policy Framework states that landscapes or sites of bio-diversity should be protected. The developers must also give consideration to ‘cumulative impact’ where several proposals for solar farm projects are put forward in the same area. This is a scenario which is becoming more customary. Sensitive rural neighbours will require suitable screening and suitable space at boundary points to mitigate the risks and disruption caused by the solar farm to their property and equines. Further, suitable screening implemented by way of planting of new hedgerows may assist the developer in providing the required biodiversity net gain.
Dangers of living next to a solar farm?
For equestrians a further practical consideration should be whether a suitable third-party liability insurance policy should be obtained. Such an insurance for the protection of equestrian property owners, third parties and their horses in the event that accident or injury or death occurs as a result of the construction or use of the solar farm, surely has to be a deliberation? If it is the case that accident, injury or death as a result of the construction works being carried out or as a result of the solar farm use occurs, it is reasonable that full compensation for the same must be anticipated.
Do solar farms affect property prices?
We are not valuers so cannot provide a definitive answer to this question. However, it a question that is often raised. If you own an equestrian facility affected by solar farm proposals you may find your usual use of these facilities is curtailed or your that your business activities are affected by disturbance caused by solar farm construction and operation. We would recommend that if this is a point of concern for you that you obtain a RICS and/or CAAV opinion.
How can Moore Barlow help
If you would like assistance with any of the points raised in this article please do not hesitate to contact our Rural law team.
