‘No clear evidence’: Inspector overrules highways officials to approve Telford roadside Battery Boxes
A planning inspector has overruled council highways officials’ concerns to give the green light to two roadside micro-energy batteries in Telford.
AMP Clean Energy was turned down by Telford & Wrekin Council after it applied to place its Battery Box micro-energy storage units with 2.4m-high paladin fencing on verges at Stafford Park 7 and Stafford Park 13.
Highways officers at the council had claimed that the proposal would “prevent the rights of the public to the use and enjoyment of the highway”.
But inspector Max Wiltshire concluded that the officials had used the wrong act to express their concerns through the planning process.
The inspector said that the council officials had cited the New Roads and Street Works Act 1991, and wrote that this was a ‘separate consenting regime’ to that of the Town and Country Planning Act 1990.
The inspector concluded that in their view “the focus of planning decisions should be on whether the proposed development is an acceptable use of land”.
The inspector ruled that access “would not be impeded by the siting of the proposal” and visibility and accesses would be maintained.
The inspector, who visited both sites in July, wrote: “I have no clear evidence before me to demonstrate that the proposal would present unique safety and maintenance risks such that there would be an unacceptable impact on the safe and efficient use of the highway.”
The issue of matters under the New Roads and Street Works Act 1991 was not resolved by the inspector.
