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Planning appeal decision

Allowed6 February 20233300222

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD

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

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.

Framework references: 149, 150, 147, 148, 137, 138, 174, 158

Plan policies cited: DM6, DM10, DM13, DM14, DM15, DM18, DM19

Judgments cited: People over Wind and Sweetman v Coillte Teoranta ECLI:EU:C:2018:244

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.