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Dismissed3 December 20213263032

Outwood Farm, Outwood Farm Road, Billericay, CM11 2TX

Planning appeal 3263032 at Outwood Farm, Outwood Farm Road, Billericay, CM11 2TX (Basildon District Council) was dismissed on 3 December 2021 by Inspector Woolcock J, by written representations. The main issue, as the Inspector framed it: Whether the appellant's proposed amendments to Conditions 1 and 2 to extend the operational lifetime of Phase 2 to 35 years can be made under section 73 of the Town and Country Planning Act 1990, having regard to the judgment in Finney v Welsh Ministers.

the “Installation of a series of ground mounted solar photovoltaic (PV) arrays, together with control / transformation enclosures, underground cabling, security fencing, CCTV poles and cameras, and other associated development such as additional hedge planting, for the purpose of producing renewable electricity. Proposed 26 year operation and subsequent decommissioning” without complying with conditions attached to planning permission application No:18/00946/VAR, dated 29 August 2018

Authority
Basildon District Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
utilities-energy · Other Major Developments
Inspector
Woolcock J
Postcode
CM11 2TX

Main issues, as the Inspector framed them

  • Whether the appellant's proposed amendments to Conditions 1 and 2 to extend the operational lifetime of Phase 2 to 35 years can be made under section 73 of the Town and Country Planning Act 1990, having regard to the judgment in Finney v Welsh Ministers

What decided it

The proposed amendments to extend the operational lifetime beyond 26 years would conflict with the description of development in the original 2014 permission, which specified 'proposed 26 year operation', and therefore cannot be made under section 73 of the Town and Country Planning Act 1990.

What the Inspector cited

Judgments
Finney v Welsh Ministers [2019] EWCA Civ 1868

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in Basildon Borough Council

The authority’s record since 2016 · every decision in 2021

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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