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Dismissed10 July 20243329458

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

Planning appeal 3329458 at Land to the South of Murrells End Farm, Murrells End, Hartpury, Gloucester, GL19 3DF (Forest of Dean District Council) was dismissed on 10 July 2024 by Inspector Kirby R, following a hearing. The main issue, as the Inspector framed it: the effect of the proposal on the character and appearance of the area.

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
Postcode
GL19 3DF

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

What the Inspector cited

Development plan policies
CSP.1CSP.2AP 1AP 2AP 4AP 5AP 7AP 8
National Planning Policy Framework
Paragraph 180Paragraph 181Paragraph 208Paragraph 209

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.

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The decision letter

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

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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.