The location of the project in a suitable area is a fundamental factor in the decision-making of the Council of State. Suitable areas contain positive ex ante assessments which cannot be challenged by local authorities. However, the Council of State's statement still plays a key role, but is not an irrevocable requirement for eligibility for agricultural PV plants.

As for Columns Energy and the other agricultural PV projects, their history was that in January 2022, the province of Brindisi had not yet authorised the issuance of the terms of the single regional authorisation for the construction and operation of the plant.Columns Energy challenged the documents before the Autonomous Community of Puglia, requesting their revocation. The judge of first instance accepted the appeal, emphasising the difference between agricultural PV and PV systems. The province of Brindisi subsequently requested a revision of the penalties.Columns Energy stated that 95 per cent of the sites would be affected by agricultural activities and it was expected that agricultural PV projects would continue to have a strong agricultural component.