®Planning appeal decision
Yorkshire Water Castleford Waste Treatment Works , Wheldon Road, Castleford, West Yorkshire , WF10 2PP
Proposed Ground Mounted Solar Array, on operational land at Castleford Wastewater Treatment Works with installed generating capacity of up to 354kW and would be connected to the WWTW via underground cables , power generated to be utilised by Yorkshire Water to power the operations of the WWTW, with very occasionally any excess power produced to be exported to the grid. __________________________________________________________________________________
- Authority
- Wakefield Metropolitan District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- utilities-energy · Other minor developments
- Inspector
- Kean G
Main issues, as the Inspector framed them
- whether the proposed solar equipment is permitted development considering the definitions of a "building" and "plant or machinery" in the GPDO
- whether the proposals can only be considered in Part 14, not Part 13 of GPDO
What decided it
Ground-mounted solar arrays are properly characterised as 'plant or machinery' under Article 2(1) of the GPDO because they constitute apparatus used for carrying on the sewerage undertaker's business of generating power for WWTW operations, rather than premises or buildings.
Judgments cited: Skerrits of Nottingham Limited v. SSETR [2000] EWCA Civ 5569; Barvis Ltd v Secretary of State for the Environment and Another (1971) 22 P&CR 710; Cheshire County Council v Woodward and Another [1962] 2WLR 636; Wimpy International Ltd. v Warland (1987) 61 T.C. 51; Wimpy International Ltd. v Warland [1989] S.T.C. 273; ACT Construction Ltd v Customs and Excise Commissioners [1981] 1 WLR; Evans v Secretary of State for Communities and Local Government [2014] EWHC 4111 (Admin); Inland Revenue Commissioners v Barclay, Curle & Co. Ltd [1969] 1 W.L.R. 675; Yarmouth v. France (1887) 19 Q.B.D. 647; Blake v Shaw (1860) Johnson 732 70 E.R. 615; Haigh v Charles W Ireland Ltd House of Lords (Scotland) [1974] 1 W.L.R. 43; R (on the application of Gabriel Clarke-Holland) v Secretary of State for the Home Department Secretary of State for Levelling Up, Housing and Communities v Braintree DC, Secretary of State for Defence [2023] EWHC 3140 (Admin); CAB Housing Ltd v SSLUHC [2023] EWCA Civ 194; R (Mawbey) v Lewisham; R v Oxfordshire County Council and another, ex parte Sunningwell Parish Council [1999] 3 All E R 385; Carr v Sayer (1992) 65 T.C. 15; Garland v MHLG [1968] 20 P&CR 9; R. (on the application of Nigel Mawbey), London Borough of Lewisham Council, Secretary of State for Communities and Local Government v Cornerstone Telecommunications Infrastructure Ltd. [2019] EWCA Civ 1016
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.