Solar on farmland: two routes to consent, and what to understand before you sign

A document that the company behind the Botley West solar farm in Oxfordshire revised in June 2026 still estimates, subject to consent and a final investment decision, that construction will start in July 2026. As of 27 October 2026 the Secretary of State has not decided whether the farm can be built. The decision is due by 10 November, after the date was reset twice.

That gap between a developer’s timetable and the consent system’s is one thing to understand about any solar option. The demand behind it is real. The government’s Solar Roadmap seeks 45 to 47GW of solar in Great Britain by 2030, on the ground and on roofs, up from more than 18GW when it was published. It estimates that up to 0.4% of UK land would be needed. National policy currently puts the land a solar farm needs at between 1.6 and 2.25 hectares for each megawatt of output, varying by site. That is one reason landowners are being approached.

This note covers the two routes to consent and the line between them, how long each has taken on recent evidence, what to understand before signing anything, and what the change on 2 November means.

The two routes, and the line between them

In England a solar farm is decided in one of two places. Above 100MW it is a nationally significant infrastructure project. The developer applies for a development consent order under the Planning Act 2008, the Planning Inspectorate examines the application, and the Secretary of State for Energy Security and Net Zero decides. Capacity is measured in alternating current, using the installed inverters. At 100MW or below the developer applies to the council for planning permission. The council decides, and the developer can appeal to the Secretary of State if it refuses or does not decide in time.

The line moved on 31 December 2025, from 50MW. The government said the change meant “more solar projects will be decided at a local level”. Projects of 50 to 100MW already accepted for examination by then stay in the national route. The line is not a wall, either. On a developer’s request the Secretary of State can direct a smaller project into the national route (section 35 of the Act), and since 24 July 2026 can direct a project out of it (section 35B).

The council route is changing as well. From 31 October 2026 a council must have an officer decide a solar farm application unless its nominated member and nominated officer agree to refer it to committee (S.I. 2026/854, Schedule 2).

How long each route takes

On the national route the clock runs in stages. The Inspectorate has 28 days to accept an application. Pre-examination usually takes about 3 months, the examination up to 6, the recommendation 3 and the decision 3. The Inspectorate gives no length for the pre-application stage that comes first.

Real schemes show the spread. Beacon Fen in Lincolnshire, a 400MW farm with a battery, was received on 8 April 2025 and granted on 21 August 2026, about 16 months later. Botley West was received on 15 November 2024 and has a decision date of 10 November 2026, just under 2 years later. Lime Down in Wiltshire was received on 19 September 2025. Its examination closed on 21 October 2026, and the report is due by 22 January 2027.

On the council route the statutory period for a major application is 13 weeks, or 16 if it needs an environmental statement, though the applicant and council can agree longer. At Rodmersham a 65-hectare scheme was validated by Swale Borough Council on 10 January 2024 and permitted on 3 October 2025, about 21 months later. A parish council’s challenge was dismissed in September 2026.

Consent is not the end of the wait. The Rodmersham permission runs for 40 years from the first export of power. The judge observed that “no more than a token start of works” was likely until the grid connection date was more certain. On that timetable, Botley West’s applicant expects construction to run to June 2028.

What to understand before you sign

How long the land is committed. Solar consents are usually time-limited, and the figures cluster around 40 years. National policy says “An upper limit of 40 years is typical”, though applicants may seek consent without a time period (EN-3, paragraph 2.10.57). Beacon Fen’s order requires decommissioning to start no later than 40 years after final commissioning. Botley West’s applicant proposes 37.5 years of operation and expects the whole project, from construction to removal, to take 42 years. At Botley West the applicant’s land deals began with option agreements, ahead of any lease.

Cable routes. Power has to reach the grid. Cearn’s developer describes an underground cable corridor to a substation about 12km from its site. The Planning Inspectorate describes a consent order as similar to planning permission but able to include “compulsory acquisition powers”. A signed option does not end the matter. Botley West’s applicant says it needs those powers even where agreements have been reached, for example if an owner under a completed option agreement does not then grant the lease. Whether you host panels or only a cable, ask what rights are being taken, for how long and for what payment.

Restoring the land. Ask what “restored” will mean, in writing. The National Planning Policy Framework says that where development is expected to be time-limited, applications should come with “proposals for decommissioning and site restoration”. Botley West’s applicant says that at the end all above-ground equipment except the National Grid substation, and the cables beneath the main array areas, would be removed, “with the land reverting back to its previous agricultural use”. Cables under public roads, or laid by drilling, are not proposed for removal. At Rodmersham the substation “may remain on the site in perpetuity”. Who pays for removal, and what security sits behind that promise, is a question for your solicitor.

Tax. Tax treatment can change once land is let. For inheritance tax, HMRC’s manual says that agricultural relief needs land occupied for agricultural purposes and that “the continuity of such occupation is vital”. HMRC’s manual does not address solar leases. On its tests, who occupies the land and for what purpose may become a live question for the land and possibly the farmhouse. Since 6 April 2026 the 100% rate has covered only the first £2.5 million of combined agricultural and business property, with 50% above it. For capital gains tax, HMRC treats the grant of a lease as a part-disposal. Take both to a tax adviser before you sign. We looked at the 2026 reforms in selling farmland after the 2026 inheritance-tax changes.

Tenants. If a tenant farms the land, their position is separate. The Solar Roadmap notes that the Agricultural Holdings Act 1986 includes provisions to compensate a tenant for loss of land from a holding where a change of use has received planning permission.

What the change on 2 November means

From 2 November 2026, Defra says, biodiversity net gain becomes mandatory for nationally significant infrastructure projects. A new application for a development consent order must meet a gain objective of at least 10%. Applications made before that date, including Botley West and Lime Down, are not covered. Solar schemes on the council route have been subject to the 10% rule since 2024, unless an exemption applies.

For a landowner there are two practical effects. Habitat created on the solar site must be maintained for at least 30 years from the completion of the habitat works, secured by the consent order, a planning obligation or a conservation covenant. Ask who carries that obligation under the lease. Defra notes that grassland beneath solar panels may be more valuable for biodiversity than the habitat that was there before.

The second effect is a market. A developer that cannot meet 10% on its own site can buy off-site units from landowners, secured by a legal agreement of at least 30 years. Defra tells these developers to approach that market early, because they may need large numbers of units. We explain the 30-year commitment in Biodiversity Net Gain for landowners.

Land is rarely just a site, and the commitment you make on one field is worth weighing against what the rest of the holding could do. If you have been approached, ask for the heads of terms in writing and take them to a solicitor, a land agent and a tax adviser before anything is signed. Our free Land Potential Check gives a first read of the constraints on a piece of land, drawn from national planning data. It is an indication, never a valuation.