The Court of Appeal has upheld DECC’s decision to close the Renewables Obligation early to large-scale solar PV.
Lord Justice Floyd dismissed the appeal by developers including Solarcentury and Lark Energy and ordered the appellants to cover costs.
DECC argued that a Levy Control Framework overspend justified its 2014 decision to end support for 5MW-plus developments two years’ early in the interests of other technologies.
Lark Energy and Solarcentury argued the decision was unlawful because it was applied retrospectively.
In a joint statement, Lark and Solarcentury said the Court of Appeal had decided DECC can lawfully apply the overall LCF funding cap in selective ways to cut off support to individual technologies, regardless of all other policy promises and commitments.
“This very narrow reading of the LCF policy means that in effect, it trumps all other policy decisions and Ministerial statements and indeed that was the blunt DECC message throughout the High and Appeal Courts process,” said the developers.
“Taken together with the full range of damaging political decisions made since last year’s election, this ruling will do nothing to help restore confidence in the UK as a renewables market underpinned by stable and predictable policy.”
Image: Ellough Airfield solar farm (Lark)
