®Planning appeal decision
Land West Of Dyche Lane, Coal Aston, Dronfield, S18 3AA
the construction and operation of a battery energy storage system (BESS) and ancillary infrastructure, including creation of new access
- Authority
- North East Derbyshire District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Hearing
- Development
- utilities-energy · Other Major Developments
- Inspector
- Hughes L
Main issues, as the Inspector framed them
- the effect of the proposal on the openness of the Green Belt and the purposes of including land within it
- the effect of the proposal on the character and appearance of the area
- the effect of the proposal on agricultural land
- whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the proposal
What decided it
The cumulative benefits of the proposal were insufficient to clearly outweigh the harm to the Green Belt and the significant harm to landscape character, so the very special circumstances necessary to justify the development did not exist.
The substantial harm from Green Belt inappropriateness and loss of openness, together with significant harm to character and appearance and great weight given to less than substantial heritage harm, were not clearly outweighed by the significant weight given to renewable energy benefits and the limited/minor weight given to alternative site evidence, biodiversity and economic benefits, so the balance tipped against the proposal.
Framework references: 142, 143, 153, 154, 155, 161, 163, 168, 187, 193, 212, 215, 87
Plan policies cited: NEDLP Policy SS10, NEDLP Policy SS9, NEDLP Policy SDC3, NEDLP Policy SDC12, DNP Policy ENV1, DNP Policy ENV2, NEDLP Policy DC12(d), NEDLP Policy SDC10, Policy SSS1(l), ERLP Policy SDC4(b), NEDLP Policy SS1, DNP Policy ENV4
Judgments cited: Stroud DC v SSCLG [2015] EWHC 488 (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.