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Planning appeal decision

Dismissed21 March 20243325112

Birchall Green Farm, Stinton Green, Hallow, Worcestershire , WR2 6NT

described on the application form as ‘development of a solar farm with ancillary infrastructure, security fence, access, landscaping and continued agriculture, to generate power to feed into the local distribution network

Authority
Malvern Hills District Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
utilities-energy · Other Major Developments
Inspector
Bristow T

Main issues, as the Inspector framed them

  • The main issue is the effect of the development proposed on landscape character and historic significance.

What decided it

The major adverse harm to landscape character and visual amenity, combined with inadequately justified site selection and unresolved ecological uncertainty, outweighed the benefits of renewable energy generation and economic gain.

The substantial national need for renewable energy and associated economic benefits did not outweigh the major adverse landscape and visual harm, the less than substantial heritage harm, the limited adverse effect on best and most versatile agricultural land, and unresolved ecological concerns, so the appeal was dismissed.

Framework references: 225, 157, 180, 135, 163, 205, 206

Plan policies cited: SWDP1, SWDP2, SWDP5, SWDP6, SWDP13, SWDP21, SWDP24, SWDP25, SWDP27

Judgments cited: Bernard Wheatcroft Ltd. v Secretary of State for the Environment and Harborough District Council [1982] JPL 37; Holborn Studios Ltd. v The London Borough of Hackney [2017] EWHC 2823; Bramley Solar Farm Residents Group v Secretary of State for Levelling Up, Housing And Communities & Ors [2023] EWHC 2842 (Admin) (15 November 2023); Peak District and South Yorkshire Branch of the Campaign to Protect Rural England, R (On the Application Of) v Secretary of State for Transport [2023] EWHC 2917 (Admin) (17 November 2023)

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.