BROUGHTON Gifford’s Daniel Gerber has won a High Court decision which could potentially see the dismantling of the £10.5 million Norrington Solar Farm, after it was ruled to have been built with an unlawful planning permission.

Mr Gerber, owner of the nearby Grade II* listed Gifford Hall, successfully got the planning permission quashed after he said he only became aware of the development when it was being installed.

He also argued Wiltshire Council had failed to consult conservation body English Heritage before granting permission which one of the country’s top judges, Mr Justice Dove, agreed with last Thursday.

The ruling ordered Wiltshire Council to reconsider the application for the 22 hectare site which only became operational in June last year.

Mr Gerber said: “This case is about Wiltshire Council not following a prescribed, legal planning process but it is also about what it means to live in the countryside and what we leave for the next generation.

“With help, one family was able to challenge a multi-billion pound U.S. company and a local council with a £350 million overall budget.

“That shows the UK legal system works and should encourage other individuals to stand up against inappropriately sited, large-scale development.”

The judge ruled that Wiltshire Council had breached Mr Gerber’s ‘legitimate expectation’ that he would be notified of a development proposal of this sort and that as it would have an effect on listed buildings, ‘English Heritage should have been consulted’.

He said: “It follows that from the record of the decision, the listed building and its setting was affected.

“This needed to be evaluated. The statutory scheme requires English Heritage to have the chance to input into that evaluation.

“It is precisely the matter on which English Heritage's expert views should be sought. The failure to do so in this case was in my view a clear legal error.”

Should the solar farm be dismantled, Wiltshire Council could be forced to pay millions as site operators Norrington Solar Farm Limited and TerraForm Power argued it would cost £1.5 million for the site to be restored.

They also asked the judge to exercise his discretion not to quash the decision at the hearing.

Mr Justice Dove did take into consideration that ‘the interested parties would suffer serious financial prejudice if the planning permission were quashed’.

However, ruling that the permission should be quashed, he concluded: “The issues in relation to Gifford Hall have not been considered properly.

“The status of Gifford Hall as a Grade II* listed building and the failure to give its interests a proper and lawful consideration attracts in my view very significant weight in the overall balance of considerations.”

Mr Gerber added: “Broughton Gifford has been treated unfairly by the Wiltshire Planning Department.

“These planning officers pushed to approve three, large-scale, industrial solar farms in one, idyllic, beautiful village.

“These once beautiful fields were where I was privileged to meet other residents of Broughton Gifford.

“It is a friendly village and families used to enjoy walking these once open, productive fields with their dogs.

“That is impossible now with a fenced-in, 22.1 hectare solar farm.

“We all are in favour of renewable energy, if the planning process is lawful and the development is appropriately sited.

“This was not the case with the Norrington Solar Farm.”