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Dismissed10 July 20233295268

Land North Of Butterfly Lane, Land Surrounding Hilfield Farm And Land West Of Hilfield Lane, Aldenham, WD25 8DA

Installation of renewable led energy generating station comprising ground-mounted photovoltaic solar arrays and battery-based electricity storage containers together with substation, inverter/transformer stations, site accesses, internal access tracks, security measures, access gates, other ancillary infrastructure, landscaping, and biodiversity enhancements.” Summary of Recommendation: The appeal be dismissed. Contents Section Page Preliminary and

Authority
Hertsmere Borough Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
utilities-energy · Other Major Developments
Inspector
Heward H

Main issues, as the Inspector framed them

  • The effect of the proposed development on the openness and purposes of the Green Belt
  • The effects of the proposed development upon the significance of designated heritage assets and their settings
  • The effect of the proposed development upon landscape character

What decided it

The Secretary of State found that the substantial Green Belt harm, together with the landscape and heritage harms, was not clearly outweighed by the renewable energy and other benefits, so very special circumstances did not exist.

the renewable energy benefits (substantial weight), BNG (substantial weight) and landscape/heritage legacy benefits (moderate weight) did not clearly outweigh the collective Green Belt harm (substantial weight), heritage harm (great weight) and landscape character harm (significant weight), so very special circumstances were not established and permission was refused

Framework references: 11, 48, 56, 138, 143, 147, 148, 151, 152, 153, 155, 157, 158, 159, 163, 165, 180, 185, 189, 191, 199, 200, 202, 208

Plan policies cited: Policy CS13, Policy CS14, Policy CS17, Policy CS12, Policy CS16, Policy CS22, Policy SP1, Policy SADM26, Policy SADM29, Policy SADM11, Policy SADM30, Policy SADM14, Policy SADM20, Policy SADM21

Judgments cited: R (DCLG and Nuon UK Ltd) v Bedford Borough Council EWHC 2847; Fordent Holdings v SSCLG [2013] EWHC 2844 (Admin); Redhill Aerodrome Ltd v SSCLG [2014] EWCA Civ 1386; Barnwell Manor Wind Energy Ltd v East Northamptonshire DC [2014] EWCA Civ 137; Palmer v Herefordshire Council [2016] EWCA Civ 1061; I'm Your Man Ltd v Secretary of State for the Environment [1998] 9 WLUK 37; Avon Estates Ltd v Welsh Ministers and another [2011] EWCA Civ 553

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.