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Allowed6 February 20233300222

Land East & West of A130 and North & South Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD

Planning appeal 3300222 at Land East & West of A130 and North & South Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD (Chelmsford Borough Council) was allowed on 6 February 2023 by Inspector Plenty B, following a hearing. The main issue, as the Inspector framed it: The effect of the proposal on the openness of, and purposes of including land within, the Green Belt.

the construction and operation of a solar farm and battery storage system together with all associated works, equipment and necessary infrastructure

Authority
Chelmsford Borough Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
utilities-energy · Other Major Developments
Inspector
Plenty B
Postcode
CM3 8BD

Main issues, as the Inspector framed them

  • The effect of the proposal on the openness of, and purposes of including land within, the Green Belt
  • The effects of the development on the settings of the Grade II* listed building Church of St Mary and St Edward, and the Grade II listed building Church House and other non-designated heritage assets
  • The effects of the proposed development on the landscape character and appearance of the area
  • The effect of the proposal on agricultural land
  • The effect of the development on the integrity of the SPA
  • Whether the harm caused by the proposal, by virtue of being inappropriate development in the Green Belt, and any other identified harm, would be clearly outweighed by other considerations to result in 'Very Special Circumstances'

What decided it

The very substantial public benefits of renewable energy generation clearly outweighed the substantial Green Belt harm and other identified harms, establishing very special circumstances.

The substantial harm from Green Belt inappropriateness and loss of openness, together with moderate landscape/visual harm and limited harm to BMV land and a non-designated heritage asset, was clearly outweighed by the very substantial benefits of renewable energy generation, amounting to very special circumstances justifying approval.

What the Inspector cited

Development plan policies
DM6DM10DM13DM14DM15DM18DM19
National Planning Policy Framework
Paragraph 149Paragraph 150Paragraph 147Paragraph 148Paragraph 137Paragraph 138Paragraph 174Paragraph 158
Judgments
People over Wind and Sweetman v Coillte Teoranta ECLI:EU:C:2018:244

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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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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