KSCA was contacted in May by concerned residents from Weston Colville after receiving letters from engineering firm WSP, acting on behalf of Kingsway Solar, requesting access to private land for preliminary surveys. Several residents reported receiving the letters despite being located far from the proposed grid corridor, with the letters stating that access was needed as part of “refining the route for the grid connection.” The letters gave just one week to respond and warned that refusal could result in forced access under Section 172 of the Housing and Planning Act 2016.
Some residents reported receiving in-person visits before the deadline, which they felt was pressuring. In at least one case, a Section 172 notice was served immediately after a refusal—despite the development being in its early, pre-application stage.
KSCA committee member Richard Pargeter contacted the Planning Inspectorate for clarification on the legal basis for these actions, including whether access could be refused and if Section 172 could be challenged.
Under Section 51 of the Planning Act 2008, the Planning Inspectorate provides impartial, public advice during the pre-application stage of Nationally Significant Infrastructure Projects (NSIPs)—covering procedures, environmental assessments, land access (Sections 52/53), and best practice.
The Planning Inspectorate confirmed that while applicants may need to enter land during the planning phase of an NSIP, there are specific legal mechanisms they must follow. In particular, Section 53 of the Planning Act 2008 is the appropriate route for seeking access when permission is denied—not Section 172 of the Housing and Planning Act 2016.
The Inspectorate explained that Section 172 is not under their remit, and for NSIP-related proposals like Kingsway Solar, the policy intention is that the more specific and structured power in Section 53 should be used. Under this provision, developers must demonstrate a genuine need and show that access was unreasonably refused before the Inspectorate can authorise entry. A formal process is required, and landowners who receive such requests are entitled to seek independent legal advice and may contest the request.
Anyone who is uncertain about how to proceed is strongly encouraged to seek independent legal advice at the earliest opportunity.
KSCA has voiced ongoing concerns about the transparency and conduct of Kingsway Solar and its contractors during early engagement. The Planning Inspectorate emphasised that since the Kingsway Solar Farm has not yet submitted a formal application, residents should continue directing feedback to the developer during this pre-application stage.
Local MP Pippa Heylings also raised concerns about the developer’s conduct, stating: “I was concerned to hear this week about the seemingly unnecessarily heavy-handed approach that Kingsway Solar has been taking during the land surveying process. I can imagine the distress and confusion felt by the residents of Weston Colville.”
She confirmed that, alongside Cllrs Geoff Harvey and Henry Batchelor, she had contacted the Greater Cambridge Shared Planning Service to seek legal guidance on behalf of residents and would be writing directly to Downing Renewable Developments/Kingsway Solar to urge a review of their approach. “I will keep residents informed of any reply,” she added.
Land Access – Key Points
Correct process: Kingsway Solar should use Section 53 of the Planning Act 2008—not Section 172—for land access
Requirements: Developers must show genuine need and unreasonable refusal.
Your rights: You can refuse, contest, and should seek legal advice if unsure
Ecological surveys: If access is requested for ecological surveys, consider allowing it—these surveys help protect rare species. But it’s reasonable to set clear conditions (see below), including notice, transparency, and data sharing
Inspectorate role: Provides impartial advice and does not enforce Section 172, but can grant legally enforceable access under Section 53 if the developer can justify both the need for access and that it was unreasonably refused.
Concerns raised: Developer’s approach is under review by local MPs and planners.
Land access for ecological surveys
We understand that some landowners have recently received requests from Kingsway for access to carry out ecological surveys. If you are in this position, we would encourage you to consider granting access. It’s important that accurate ecological data is collected—especially when it comes to protecting rare and sensitive species such as the great crested newt.
However, it’s entirely reasonable for landowners to set clear conditions around how surveys are conducted. This is your land, and you have every right to oversee any surveys that are carried out, and to be kept informed of the findings.
To help with this, we’ve put together a suggested list of conditions you may wish to include if you agree to access:
Suggested conditions:
- Kingsway should provide at least one week's notice ahead of any visit (we recommend using a method with a clear record, such as email or letter).
- You may request an alternative date if the proposed one is not suitable, and Kingsway should offer other options within a week.
- Each visit should clearly state its purpose in advance.
- You or a representative should have the option to accompany and observe the survey.
- You should receive all raw data and any reports either before or at the same time as they are sent to Kingsway.
If you do receive a survey request, KSCA would be very grateful if you could let us know when the surveys are taking place and share any information or data you receive as a result. This will help us present well-informed and accurate evidence during the statutory consultation feedback (expected Summer 2025). Contact us here