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Planning appeal decision

Allowed18 July 20243334658

Land Known As Penhale Moor, South-east of Bosprowal Farm and south of Penhale Road, Carnhell Green, Cornwall, TR14 0LU

the installation and operation of a ground mounted photovoltaic solar farm, inclusive of solar arrays, transformers, substation, landscaping, fencing, internal access tracks, access, CCTV and other associated works, for the purpose of generating and exporting renewable energy to the electricity grid network

Authority
Cornwall Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
utilities-energy · Major offices/R&D/light industry
Inspector
Baird G

Main issues, as the Inspector framed them

  • The effect on the supply of agricultural land.

What decided it

The proposal would not result in the permanent or temporary loss of agricultural land, as the site would remain in agricultural/food-producing use alongside solar farming, and this, combined with the substantial renewable energy benefits, outweighed the identified harms.

the highly localised harm to landscape character and visual amenity, capable of mitigation by condition, was heavily outweighed by the benefits of the proposal, particularly the mitigation of climate change through renewable energy generation.

Framework references: 157, 180

Plan policies cited: CLP Policy 1, CLP Policy 2, CLP Policy 21, CLP Policy 23, DPD Policy RE1, NP Policy 12, NP Policy 12b

Judgments cited: Lullington Solar Park Limited v Secretary of State for Levelling Up, Housing and Communities and South Derbyshire District Council [2024] EWHC 295 (Admin); Bramley Solar Farm Residents Group v Secretary of State for Levelling Up, Housing and Communities, Bramley Solar Limited & Basingstoke and Deane Borough Council & 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.

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.