Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed4 November 20243323952

Hamilton Hill Farm, Cauldwell Road, Sutton in Ashfield , NG17 5LB

Planning appeal 3323952 at Hamilton Hill Farm, Cauldwell Road, Sutton in Ashfield , NG17 5LB (Ashfield District Council) was dismissed on 4 November 2024 by Inspector Thompson P, following a hearing. The main issue, as the Inspector framed it: whether the proposal is consistent with the development plan regarding development in the countryside, having regard to its effect on the landscape character and appearance of the countryside, including its openness.

a solar farm with ancillary infrastructure, security fence, access, landscaping and continued agriculture, to generate power to feed into the local distribution network

Authority
Ashfield District Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
utilities-energy · Other Major Developments
Inspector
Thompson P
Postcode
NG17 5LB

Main issues, as the Inspector framed them

  • whether the proposal is consistent with the development plan regarding development in the countryside, having regard to its effect on the landscape character and appearance of the countryside, including its openness
  • the effect of the proposal on the significance of the Mound on Hamilton Hill, a Scheduled Monument, through development within its setting
  • whether there are other available sites within the District that could accommodate the proposed development, including consideration of the proposal's effect on the use of best and most versatile agricultural land and evidence to justify any loss

What decided it

The less than substantial harm to the significance of the Mound on Hamilton Hill, a Scheduled Monument, through development within its setting was not outweighed by the scheme's public benefits.

the significant benefits relating to climate change/energy and the moderate/limited economic, environmental, heritage and social benefits outweighed the limited landscape harm, but did not outweigh the less than substantial harm to the setting and significance of the scheduled Mound, so the appeal was dismissed

What the Inspector cited

Development plan policies
LP Policy EV2LP Policy ST4LP Policy EV4LP Policy ST1LP Policy EV11ELP Strategic Policy S3
National Planning Policy Framework
Paragraph 163Paragraph 180Paragraph 205Paragraph 206Paragraph 208
Judgments
Lullington Solar Park Ltd vs Secretary of State for Levelling Up, Housing and Communities and South Derbyshire District Council, [2024] EWHC 295 (Admin); R on behalf of Simon Shimbles v City of Bradford MBC [2018] EWHC 195 (Admin); The London Historic Parks And Gardens Trust vs The Minister of State for Housing and Westminster City Council [2022] EWHC 829 (Admin); The Forge Field Society & Others (On the application of) v Sevenoaks DC [2014] EWHC 1895 (Admin); Bramley Solar Farm Residents Group v SoS for Levelling up, Housing and Communities & Others [2023] EWHC 2842 (Admin)

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

20 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Ashfield

The authority’s record since 2016 · every decision in 2024

  1. Dismissed28 January 20266001120
    Land Between 124 and 142 Church Lane, Selston, Nottinghamshire, NG16 6FD
  2. Allowed3 November 20253366321
    Cedar House, Silverhill Lane, Teversal, Sutton-in-Ashfield, Nottinghamshire, NG17 3JJ
  3. Dismissed27 October 20253364793
    Whitboro Lodge at 261 Wild Hill, Teversal, Nottinghamshire, NG17 3JF
  4. Allowed19 June 20253356635
    Melbourne Farmhouse, 86 Inkerman Road, Selston, Nottinghamshire, NG16 6BN
  5. Dismissed20 January 20253347049
    Land Between 124 and 142, Church Lane, Selston, NG16 6FD

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.