Rodmersham Parish Council, R (on the application of) v Swale Borough Council

Facts

Rodmersham Parish Council challenged Swale Borough Council's grant of planning permission to Voltalia UK Limited for a 65-hectare solar farm at Pitstock Farm, Pitstock Road, Rodmersham, comprising ground-mounted photovoltaic cells with a control house, inverter/transformer units, substations, storage containers and associated infrastructure. The application, submitted on behalf of Pitstock Solar Limited, a special purpose vehicle controlled by Voltalia, was validated on 10 January 2024 and sought a temporary permission of 40 years from first export of energy. The Council had issued a negative screening opinion on 15 November 2023 under the Town and Country Planning (Environmental Impact Assessment) Regulations 2017. The Parish Council objected repeatedly through its consultant and its Vice-Chair. An unexecuted copy of a unilateral undertaking under section 106 of the Town and Country Planning Act 1990, dealing with rights of way contributions and skylark mitigation, was uploaded to the Council's portal seven minutes before the Planning Committee met on 11 September 2025; members resolved to grant permission on the Chairman's casting vote after a tied vote. Permission was issued on 3 October 2025. Judicial review was commenced on 11 November 2025 on four grounds; Mr C M G Ockleton granted permission on ground 1 only, and Mould J directed that ground 1 and the renewed application on grounds 2 to 4 be heard together as a rolled-up hearing.