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Allowed3 May 20243334690

Land Adjacent to Harlow Road, Near Roydon, Harlow, CM19 5QF

Planning appeal 3334690 at Land Adjacent to Harlow Road, Near Roydon, Harlow, CM19 5QF (Epping Forest District Council) was allowed on 3 May 2024 by Inspector Shrigley M, following an inquiry. The main issue, as the Inspector framed it: The effects of the development on the Green Belt having regard to its openness and purpose.

Construction and operation of a solar photovoltaic ('PV') farm and associated infrastructure, including inverters, DNO substation, customer switchgear, security cameras, fencing, access tracks and landscaping

Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
utilities-energy · Other Major Developments
Inspector
Shrigley M

Main issues, as the Inspector framed them

  • The effects of the development on the Green Belt having regard to its openness and purpose
  • The loss of farmland for food production
  • The overall scheme merits applicable including whether the harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify it, as well as recognition of all harms and benefits in the planning balance

What decided it

The substantial benefits of clean, secure renewable energy generation were found to constitute very special circumstances clearly outweighing the moderate Green Belt harm.

The combined scheme benefits, particularly the clean and secure renewable energy generation, biodiversity net gain and landscaping legacy, were found to amount to very special circumstances that clearly outweighed the moderate Green Belt harm, the limited farmland/food production harm, the less than substantial heritage harm, and other identified harms, so the appeal was allowed despite conflict with the development plan.

What the Inspector cited

Development plan policies
Policy SP5Policy DM4Policy DM20Policy DM5
National Planning Policy Framework
Paragraph 142Paragraph 138Paragraph 153Paragraph 180Paragraph 181Paragraph 202
Judgments
R (Samuel Smith Old Brewery) v North Yorkshire County Council 2020

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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More decisions in Epping Forest District Council

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

  1. Dismissed28 October 20266011400
    Larksmead Nursery, St Leonards Road, Nazeing, EN9 2HQ
  2. Allowed27 October 20266008413
    Sparks Farm, Nine Ashes Road, Nine Ashes, CM4 0JZ
  3. Dismissed26 October 20266008699
    Denver Lodge, Waltham Road, Nazeing, EN9 2EB
  4. Dismissed23 October 20266013055
    Millers Farm, Epping Road, Roydon, Harlow, CM19 5DD
  5. Dismissed21 October 20266010759
    Spains Hall, Spains Hall Road, Willingale, Ongar, CM5 0QE

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.