Legal updates
Is the implementation of biodiversity net gain for minor, medium and brownfield development changing?
23 April 2026
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On 16 January 2023, the Welsh Ministers granted permission for the construction and operation of Renewable Connections’ 32MW Penpergwm Solar Farm in Monmouthshire. This is the first solar farm to be consented in the county for 5 years and the first to involve consideration of Best and Most Versatile Agricultural Land (“BMVAL”) since the Welsh Minister disagreed with the Inspector’s recommendation and refused permission for the Elwy solar scheme.
The Minister is careful to stress that her decision turns on the specific facts of this case considered in detail by the Inspector, namely:
Although there was some discussion of the Applicant’s community benefit offer for the project at the hearing and specific reference was made in the decision to this, the Inspector and the Minister both made it clear that they gave the offer no weight in the recommendation and decision to approve the project.
Liz Dunn and Emily Kell-Rowan in our Planning & Compulsory Purchase team supported the Applicant and represented them at the DNS hearings - if you would like to discuss the impacts of this decision, please do not hesitate to contact them.
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