Over recent weeks, many residents have asked why the Kingsway Solar Farm proposal is still moving forward after Kingsway Solar confirmed it has been awarded Gate 1 grid access by the energy system operator, NESO — but not Gate 2, which would have guaranteed a grid connection.
Gate 1: Why it matters
Gate 2 status would have secured a confirmed connection to the electricity grid. Gate 1 does not.
Gate 1 means that even if planning permission were granted, the project is very unlikely to connect before 2035. For many developers, that level of delay would raise serious commercial concerns. However, Kingsway has indicated it intends to proceed regardless. In conversation with David Vernon from Kingsway Solar, this is because Gate 1 projects can apply for future Gate 2 connections when new capacity on the network becomes available. This may be due to attrition (failing of existing projects), increased regional demand or other strategic needs.
With the project proceeding as normal, a Development Consent Order (DCO) application is currently expected around March 2026, covering both solar generation and battery storage — despite local battery capacity already being oversubscribed.
This creates an unusual situation. There is little clear precedent for examining a project that may not be operational for another decade or more. That uncertainty makes careful scrutiny and ongoing legal preparation particularly important.
This is far from a done deal. Significant questions remain..
What happens if the DCO application is submitted and accepted?
If Kingsway submits its DCO application as expected, the Planning Inspectorate will have 28 days to decide whether it is “fit to be accepted.” This is largely a technical review stage, and there is no formal role for objectors at that point.
If the application is accepted, it moves into the Examination phase — and this is where the process becomes critical.
Parish councils, community groups and individuals can register as Interested Parties.
The Parish Council Alliance — representing more than 20,000 impacted parishioners — intends to act collectively with KSCA. (Not all impacted parish councils are members of the Alliance.) The Alliance is being represented by Richard Buxton Environmental & Public Law, with a barrister presenting arguments at hearings.
From this stage onward, written submissions, evidence and expert input are central. Community involvement matters — but it must be organised, focused and based on strong planning arguments to carry weight.
In short: the real work begins once an application is accepted.
Evidence, experts and hearings: Where decisions are shaped
During the Examination phase, the focus shifts to detailed scrutiny.
Inspectors will review the application and identify key issues. This is likely to involve specialist assessments, including:
- Landscape and visual impact
- Hydrology and drainage
- Lithium battery storage safety
- Other technical and environmental matters
A Preliminary Hearing will then decide which issues will be formally examined. This is a crucial stage. It is not a free-for-all — only issues considered relevant and capable of influencing the outcome will be explored in depth.
That is why strategy and discipline matter. Arguments must concentrate on the points most likely to influence Inspectors’ conclusions.
This stage is complex and evidence-driven. Strong legal advice and credible expert input are essential.
What does this cost?
Challenging a Nationally Significant Infrastructure Project (NSIP) is expensive, and many residents have asked about the financial position.
For the pre-examination stage (before formal submission), an estimated £32,000 plus VAT was budgeted for solicitors, Richard Buxton Environmental & Public Law. Because of uncertainty surrounding the Gate 1 grid position, spending has been significantly below that estimate.
- £61,267.80 has been raised to date
- £17,805.20 has been spent so far on legal fees
Once an application is submitted, costs are expected to rise significantly. The Examination phase — including written cases, expert evidence, legal preparation and hearings — could cost in the region of £100,000, meaning a fully resourced challenge may total at least £150,000.
After submission, when the scope of issues becomes clearer, a more detailed and updated budget will be provided to ensure funds are used carefully and proportionately.
Support for ongoing legal work is being sought via CrowdJustice. A small administration fee applies, and any unused funds are returned to donors (for example, if the developer withdraws the scheme).
To pledge support, please visit:
Crowd Justice for KSCA legal action
The current target is a further £50,000 by the end of March.
The bottom line
The Kingsway Solar Farm proposal is entering a pivotal phase.
Gate 1 grid status has introduced significant uncertainty about deliverability. A DCO application may follow. If accepted, the Examination process will test the project in detail — but only on issues considered materially relevant.
The outcome is not predetermined. But it will require preparation, discipline and properly resourced legal and expert input.
The months ahead will matter.
If you have any questions or would like more information, please visit:
https://kingswayaction.org/contact