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Dismissed19 March 20253353898

Land West Of Dyche Lane, Coal Aston, Dronfield, S18 3AA

Planning appeal 3353898 at Land West Of Dyche Lane, Coal Aston, Dronfield, S18 3AA (North East Derbyshire District Council) was dismissed on 19 March 2025 by Inspector Hughes L, following a hearing. The main issue, as the Inspector framed it: the effect of the proposal on the openness of the Green Belt and the purposes of including land within it.

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
Postcode
S18 3AA

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.

What the Inspector cited

Development plan policies
NEDLP Policy SS10NEDLP Policy SS9NEDLP Policy SDC3NEDLP Policy SDC12DNP Policy ENV1DNP Policy ENV2NEDLP Policy DC12(d)NEDLP Policy SDC10Policy SSS1(l)ERLP Policy SDC4(b)NEDLP Policy SS1DNP Policy ENV4
National Planning Policy Framework
Paragraph 142Paragraph 143Paragraph 153Paragraph 154Paragraph 155Paragraph 161Paragraph 163Paragraph 168Paragraph 187Paragraph 193Paragraph 212Paragraph 215Paragraph 87
Judgments
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]

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 authority’s record since 2016 · every decision in 2025

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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.