®Planning appeal decision
Outwood Farm, Outwood Farm Road, Billericay, CM11 2TX
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
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.
Judgments cited: Finney v Welsh Ministers [2019] EWCA Civ 1868
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.