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Allowed18 July 20243334658

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

Planning appeal 3334658 at Land Known As Penhale Moor, South-east of Bosprowal Farm and South of Penhale Road, Carnhell Green, Cornwall, TR14 0LU (Cornwall Council) was allowed on 18 July 2024 by Inspector Baird G, following a hearing. The main issue, as the Inspector framed it: The effect on the supply of agricultural land.

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.

What the Inspector cited

Development plan policies
CLP Policy 1CLP Policy 2CLP Policy 21CLP Policy 23DPD Policy RE1NP Policy 12NP Policy 12b
National Planning Policy Framework
Paragraph 157Paragraph 180
Judgments
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]

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.

See how each was applied

The decision letter

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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.

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