Nottinghamshire County Council is set to formally approve a legal agreement allowing long-term access over part of Asher Lane in Ruddington, a public right of way running alongside Rushcliffe Country Park, to support a new renewable energy development at nearby Fields Farm.
The proposal, contained in a report to the council’s Director of Economy, Environment and Assets, seeks approval for the authority to enter into a Letter of Waiver with the developer behind a solar energy park that has already received planning permission. Consent for the scheme was granted by Rushcliffe Borough Council under application reference 23/00254/FUL, allowing a renewable energy park to be installed on land known as Fields Farm, shown edged red on the approved plans.
Asher Lane itself runs along the northern boundary of Rushcliffe Country Park and includes a concrete-surfaced track that provides access to Fields Farm at its western end, as well as serving other properties along its length. While the route is a long-established public right of way, designated as Ruddington Footpath 6, it is not an adopted highway. Part of the lane is owned by Nottinghamshire County Council, with the council’s land identified in pink on plans accompanying the report.
Because of its legal status as a public footpath rather than a highway maintainable at public expense, the developer cannot rely on automatic vehicular rights to use the route. Legal advice obtained by the county council has therefore recommended that a formal Letter of Waiver is put in place to allow access across the council-owned section of Asher Lane. The agreement would permit the developer to use the route to maintain the solar park once it becomes operational, for the full 40-year lifetime of the scheme.
In addition to the waiver, the developer has agreed to enter into a separate legal agreement with the council under Section 278 of the Highways Act 1980. This will allow works to be carried out along Asher Lane to improve conditions for users of the public footpath, including the creation of a defined footpath and the installation of knee-rail fencing to provide separation and protection. Council officers note that without such an agreement, any future requirement for protective barriers or similar measures would likely have fallen to the county council to fund.
The report makes clear that the council will receive a payment from the developer in return for granting the access waiver. While the financial details are contained in an exempt appendix and are not published, officers state that the income would be treated as a revenue receipt rather than a capital one, as it is not directly attributable to the creation or disposal of a council asset.
Officers also highlight that refusing to agree access terms would mean the authority would forgo this income and would not secure the footpath improvements being offered as part of the development package. The report concludes that entering into the Letter of Waiver represents the most beneficial option for the council, enabling access to a scheme that already has planning permission while delivering improvements to a well-used public route.
The solar park developer has indicated that electricity generated by the scheme would feed directly into the local electricity distribution network, aligning with wider national and local policy aims to increase renewable energy generation. The agreement is not expected to be affected by local government reorganisation and has been assessed against a range of statutory considerations, including environmental sustainability, equality duties and safeguarding, with no material issues identified.
Under the county council’s executive scheme of delegation, the Director of Economy, Environment and Assets is authorised to approve the decision. If agreed, the Letter of Waiver would formalise access arrangements over Asher Lane for the duration of the 40-year project while retaining the route’s status as a public right of way.
