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Allowed30 October 20233320714

Land to the South and West of Marsh Green, Marsh Green, East Devon, EX5 2LU

Planning appeal 3320714 at Land to the South and West of Marsh Green, Marsh Green, East Devon, EX5 2LU (East Devon District Council) was allowed on 30 October 2023 by Inspector Shrigley M, following an inquiry. The main issue, as the Inspector framed it: the impact of the development on i) the character and appearance of the landscape.

for the construction and operation of a ground mounted solar farm and associated landscaping and ecological habitat, with permission being required for 40 years, comprising solar arrays, equipment housing, sub-station, fencing, ancillary equipment and associated development; and temporary change of use of land for construction compound (off site)

Authority
East Devon District Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
utilities-energy · Other Major Developments
Inspector
Shrigley M
Postcode
EX5 2EU

Main issues, as the Inspector framed them

  • the impact of the development on i) the character and appearance of the landscape
  • the setting of nearby heritage assets
  • iii) the overall merits of the development having regard to any harms or benefits

What decided it

The substantial public benefits of clean, secure renewable energy generation, combined with significant biodiversity net gain and flood risk betterment, were found to far outweigh the identified landscape, heritage and agricultural land harms.

the substantial benefits of renewable energy generation, biodiversity net gain and flood risk betterment outweighed the significant landscape harm, less than substantial heritage harm, limited archaeological harm and limited agricultural land harm, such that the appeal was allowed despite some conflict with the development plan

What the Inspector cited

Development plan policies
Strategy 39 (Renewable and Low Carbon Energy Projects)Strategy 46 (Landscape Conservation and Enhancement of AONB's)Strategy 47Policy EN9 (Development Affecting Heritage Assets)Policy EN5Policy EN13Policy EN22
National Planning Policy Framework
Paragraph 174Paragraph 202Paragraph 203

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.

See how each was applied

The decision letter

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More decisions in East Devon

The authority’s record since 2016 · every decision in 2023

  1. Allowed19 October 20266007622
    1 Jennings Gardens, Tithebarn, Exeter, EX1 4BL
  2. Dismissed7 October 20266003095
    Land at Newlands Farm, Land North West of B3165, Axminster, EX13 5SF
  3. Dismissed13 August 20263369854
    Land Just South of Hazlehurst, Raymonds Hill, Axminster, Devon, EX13 5UH
  4. Allowed10 July 20266005764
    Land North East of Parkfield Cottages, Pink House Corner, Lympstone, EX8 5AH
  5. Allowed10 July 20266004696
    10 Marine Parade, Budleigh Salterton, EX9 6NS

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.