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Burges Salmon acts on BayWa’s first nationally significant infrastructure project

Picture of Patrick Robinson
By Patrick Robinson Emily Kell-Rowan
31 Jul 2025 1 min read

We have advised BayWa r.e. on the consenting of the Oaklands Farm Solar, its first nationally significant infrastructure project, which was granted a Development Consent Order (DCO) by the Secretary of State for Energy Security and Net Zero.

In his Decision Letter, the Secretary of State noted the scheme, based in Derbyshire, qualified as Critical National Priority Infrastructure on account of its renewable energy production.

Lawyers Patrick Robinson and Emily Kell-Rowan from our Planning and Compulsory Purchase team advised BayWa r.e on what was the first solar DCO to be consented under the new suite of National Policy Statements and to be determined in accordance with section 104, rather than section 105, of the Planning Act 2008.

“Throughout the Examination of the DCO, there were many discussions on the need for the development and whether its benefits outweigh its impacts.  However, no impacts were considered so significant that the exceptions to the priority of such infrastructure came into play, and the Secretary of State’s decision is clear that the most important consideration in determining the application was the scheme’s contribution to the UK’s low carbon energy generation.”

Emily Kell-Rowan, associate

With decades of experience and a stellar team led by partners who are established experts in their field, Burges Salmon has asserted itself as the planning law firm of choice for nationally significant and major projects. The team works closely with real estate colleagues on regeneration schemes and property developments, and works with the energy transition team to support the development and delivery of Net Zero projects. Burges Salmon is also committed to shaping the future of planning law and regularly speaks at national events and is actively involved in industry bodies, including NIPA, CPA and the Renewable Energy Association.

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