Solar industry awaits Government's Feed-in Tariff appeal decision

Published by Ross Macmillan for 24dash.com in Housing and also in Environment, Local Government

The Government will find out whether it will be granted an appeal against its High Court defeat concerning plans to cut Feed-in Tariff (FIT) rates for solar PV in the next few weeks.

Last Friday the Department for Energy and Climate Change (DECC)  pleaded its case in the Court of Appeal after the decision to cut subsidies before a consultation had ended was declared "legally flawed".

Friends of the Earth - who along with two other solar companies won their legal challenge in December - argued that the decision to cut the FIT before the consultation ended was unlawful.

The ruling could force DECC to re-issue the consultation, which would significantly delay the cuts coming into force. 

A spokesperson from DECC said: "The Court of Appeal has not yet decided whether to give permission for an appeal or made a judgement on the FITs case. The Court will wrap up the decision on permission for an appeal and a possible judgement if an appeal is allowed in the next few weeks. Once the outcome is known we will consider our options and make an announcement on the way forward to provide clarity to consumers and industry."

Friends of the Earth said that trying to appeal the High Court's ruling is an expensive waste of taxpayers' money.

It says the appeal will simply "prolong the uncertainty", leaving businesses on tenterhooks about tariff rates for both future installations and those backdating to 12 December.