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Planning appeal decision

Dismissed10 July 20243329458

Land to the south of Murrells End Farm, Murrells End, Hartpury, Gloucester, GL19 3DF

installation and operation a of a renewable energy generating station comprising ground-mounted photovoltaic solar arrays together with inverter units, substation, site access, internal access tracks, security measures, access gates, other ancillary infrastructure and landscaping and biodiversity enhancements

Authority
Forest of Dean District Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
utilities-energy · Other Major Developments
Inspector
Kirby R

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area
  • the effect of the proposal on the living conditions of nearby occupiers
  • the effect of the proposal on the use of best and most versatile agricultural land (BMV)
  • the effect of the proposal on protected species, notably skylarks
  • the effect of the proposal on the significance of non-designated and designated heritage assets
  • whether, in light of the above issues and other matters, the planning balance falls in favour of, or against, planning permission being granted for the proposal

What decided it

The unresolved and uncertain harm to skylark territories (a protected, red-listed species) combined with the unjustified use of a large area of Best and Most Versatile agricultural land outweighed the benefits of the scheme.

the significant benefits of renewable energy provision, biodiversity net gain and other benefits did not individually or cumulatively outweigh the harm to skylarks and the unjustified use of BMV land, so the proposal conflicted with the development plan taken as a whole, notwithstanding that heritage harm was outweighed by public benefits

Framework references: 180, 181, 208, 209

Plan policies cited: CSP.1, CSP.2, AP 1, AP 2, AP 4, AP 5, AP 7, AP 8

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.