- Decision
- approved, 21 August 2026
- Decided by
- Secretary of State: Minister Curran for SoS DESNZ; ExA A Pinto
- Authority
- North Kesteven / Boston (Lincolnshire) (East Midlands)
- Application reference
- EN010151
- Procedure
- inquiry
- Development
- DCO for 400 MW ground-mounted solar PV with up to 600 MVA battery storage, access corridor and cable connection to Bicker Fen substation
- Site context
- open countryside, agricultural land BMV, listed building setting
- Green Belt
- No
- Framework applied
- December 2024 NPPF (transitional)
- Determinative policies
- NPS EN-1 5.9.32, NPS EN-1 5.11.34
- Main issues
- need for renewable energy; BMV agricultural land; heritage setting; landscape; compulsory acquisition
Summary
This was a DCO for a 400 MW solar farm with up to 600 MVA of battery storage near Heckington, Lincolnshire. On 21 August 2026 the Energy Secretary (Minister Curran) granted consent, in line with the Examining Authority's recommendation. The decision is recorded for how it handled the Framework switch. Four days after the August 2026 NPPF took effect, the letter still treats the NPPF as a draft under consultation and applies the December 2024 paragraph 215 to the heritage balance. There is no reference to the published 2026 Framework.
Issues and findings
- Which Framework: 2026 NPPF NOT RECOGNISED. "A revised draft of the National Planning Policy Framework ("NPPF") was published in February 2025, followed by a subsequent consultation which closed on 10 March 2026. The Clean Power 2030 Action Plan … sets out a pathway to a clean power system. The Secretary of State had regard to these publications and finds that there is nothing contained within them which would lead her to reach a different decision on the Application" (DL ¶4.3). The 2025 NPSs (in effect from 6 Jan 2026) were treated as "important and relevant" but not having effect (DL ¶4.2).
- Heritage: HARM, moderate weight; 2024 ¶215 applied. "The Secretary of State agrees with the ExA that there is less than substantial harm to heritage assets … the benefits of the Proposed Development are not outweighed by the adverse effects on heritage assets and that paragraph 5.9.32 of NPS EN-1 and NPPF paragraph 215 are satisfied" (DL ¶4.54). The letter uses "great weight" to conservation, from NPS EN-1 (DL ¶4.53). The Secretary of State raised the heritage weight from the ExA's little to moderate (DL ¶7.2).
- Land use / BMV: HARM, great weight. 20.37 ha permanent and about 255 ha temporary (40-year) loss of BMV land. "matters relating to soil and BMV agricultural land should be afforded great negative weight" (ExA, DL ¶4.67), adopted by the Secretary of State (DL ¶7.1).
- Need: substantial positive weight. The ExA's "very great" weight was treated as "equivalent to the 'substantial weight' cited in NPS EN-1" (DL ¶4.9, ¶4.6).
Planning balance
This was the PA 2008 s104 balance under the 2024 NPSs. On one side: need (substantial), plus socio-economic and biodiversity benefits (limited each). On the other: land use and BMV (great), landscape and visual (moderate), heritage (moderate), and cumulative effects (limited). "the benefits … outweigh the totality of its adverse impacts" (DL ¶7.3).
What made the difference
On the merits, NPS need weight carried the scheme despite great negative weight for BMV loss. On the Framework question, which is why this case is recorded, the letter shows a Secretary of State decision issued after 17 Aug 2026 that did not register the new NPPF at all. It is described as a draft and the old paragraph numbering is applied. Contrast SOS-EN020032 (14 Sep), where the same department expressly acknowledged the 17 Aug Framework and kept 2024 references deliberately.
Transferable points
- Early post-switch decisions, even at Secretary of State level, can apply the superseded 2024 NPPF. Check the Framework version cited before relying on any decision dated from mid to late August 2026 (DL ¶4.3, ¶4.54).
- For NSIPs, the Framework is at most an "important and relevant" consideration. The Secretary of State's view that it would not change the outcome is the usual answer (DL ¶4.3; SOS-EN020032 DL ¶4.2).
- Great negative weight to BMV loss (56% of the site, 40-year life) does not defeat substantial NPS need weight for a 400 MW solar scheme (DL ¶4.67, ¶7.1-7.3).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| W3 | benefit | substantial | urgent need for renewable generation; ExA's "very great" equated to NPS "substantial" positive weight (DL 4.6, 4.9, 7.1) - assessed under NPS EN-1/EN-3, not W3 by name |
| HE6 | harm | moderate | less than substantial harm (South Kyme Tower setting, Gashes Barn, non-designated farmsteads, Car Dyke); benefits outweigh; SoS raised ExA's little weight to moderate; applied as "NPPF paragraph 215" (2024) (DL 4.53-4.54, 7.2) |
| NPS EN-1 5.11.34 | harm | great | land use - 20.37 ha permanent and c.255 ha temporary (40-yr) loss of BMV land; significant cumulative BMV loss across Lincolnshire - under NPS EN-1 5.11.34 and May 2024 WMS; no 2026 code cited (DL 4.59-4.69, 7.1) |
| DP3 | harm | moderate | landscape and visual effects (DL 4.27, 7.1) |
Key facts
- Decision letter dated 21 Aug 2026, four days after the 2026 NPPF took effect, but it describes the NPPF only as "A revised draft … published in February 2025, followed by a subsequent consultation which closed on 10 March 2026" (DL 4.3)
- Applies "NPPF paragraph 215" (the December 2024 numbering) to the heritage balance (DL 4.54)
- ExA recommended grant; SoS agreed but raised the heritage harm from little to moderate negative weight (DL 2.2, 7.2)
- 493 ha agricultural land affected, c.56% BMV; Lincolnshire cumulative BMV loss about 7,044 ha according to LCC (DL 4.61-4.62)
Related decisions
Sources
- national-infrastructure-consenting.planninginspectorate.gov.uk
- nsip-documents.planninginspectorate.gov.uk
- gov.uk
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.