®Planning appeal decision
Hamilton Hill Farm, Cauldwell Road, Sutton in Ashfield , NG17 5LB
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
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
Framework references: 163, 180, 205, 206, 208
Plan policies cited: LP Policy EV2, LP Policy ST4, LP Policy EV4, LP Policy ST1, LP Policy EV11, ELP Strategic Policy S3
Judgments cited: 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)
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.