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Planning appeal decision

Dismissed27 September 20233317593

Land at Cruxton Farm, Cruxton Farm, Cruxton, Dorset, DT2 0BY

Authority
Dorset
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
utilities-energy · Other Major Developments
Inspector
Clark P

Main issues, as the Inspector framed them

  • The effects of the proposal on the character, appearance and special qualities of the Dorset Area of Outstanding Natural Beauty
  • The effects of the proposal on the recreational benefit of the Macmillan Way
  • The contribution which the development proposed would make to the accepted national need for renewable energy and the cost of, and scope for meeting the need for it in some other way
  • Any other benefits or disbenefits to be weighed in the planning balance

What decided it

The Secretary of State's finding of great-weight harm to the Dorset AONB, combined with unmitigated harm to the Macmillan Way, meant the case did not demonstrate the exceptional circumstances required to justify major development within the AONB.

Significant weight to renewable energy benefits, moderate weight to biodiversity net gain, and limited weight to temporary nature and economic benefits were outweighed by great weight harm to the AONB, moderate weight harm to the Macmillan Way, and limited weight harm to agricultural productivity, tipping the balance against the proposal.

Framework references: 48, 56, 57, 158, 163, 176, 177, 182, 183

Plan policies cited: ENV1(i), COM7(v), ENV10(iii), COM11(i), ENV8, ENV2(vi)

Judgments cited: Midcounties Co-operative Ltd v Wyre Forest DC [2009] EWHC 964; Hubert v Carmarthenshire CC [2015] EWHC 2327 (Admin)

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.