Solar farm near Shrewsbury allowed after High Court quashes appeal decision
Planning inspectors have now formally changed their minds and allowed a massive solar farm near Shrewsbury following a High Court ruling.
Energy firm Econergy International’s plan to build a 30 mega-watt solar farm on 44 hectares of land near the village of Berrington had been refused last year after a week-long appeal hearing.
But a Planning Inspectorate notice published earlier this month said that appeal decision was “quashed by order of the High Court". A planning appeal hearing was held in February this year following the court ruling.
The notice of the decision made on May 2 says: “The appeal is allowed and planning permission is granted for a solar farm involving the erection of an up to 30MW solar array, comprising ground mounted solar panels, vehicular access, internal access tracks, landscaping and associated infrastructure, including security fencing, CCTV, client storage containers, and grid connection infrastructure, including substation buildings and off-site cabling, on land to the west of Berrington.”
Planning inspector Richard Clegg said residents’ group Flour not Power had withdrawn its objections after concluding a legal agreement with the appellant which provides amongst other matters for an enhanced landscaping plan and an updated traffic management plan.
One of the conditions that the developers will have to comply with is the provision of an alternative habitat for breeding skylarks on land immediately to the north of the site.
“Natural England’s standing advice on protected species and development makes clear that no more habitat should be lost than is replaced, and not that there should be no net loss of breeding pairs (of skylarks), as referred to in the original appeal decision,” Mr Clegg said.
Following the quashing of the original appeal decision, the council has considered national policy changes, recent appeal decisions, the High Court case, and financial considerations, and decided not to continue to defend the refusal of planning permission.
“Several local residents have also withdrawn their objections to the proposed development since the quashing of the original appeal decision,” the decision note added.
Mr Clegg concluded that: “Whilst there is conflict with certain provisions, the proposal is consistent with important policies which support infrastructure development, and complies with policy provisions concerning nature conservation, economic growth, heritage assets and minerals safeguarding. I conclude that the proposed development would comply with the Development Plan considered as a whole.”
The firm said the scheme could generate enough power for 7,000 homes per year over its anticipated 40-year lifespan.
In the previous Planning Inspectorate appeal decision, which had backed Shropshire Council’s refusal of the plan, inspector David Rose gave his reasons for dismissing the appeal.
He said that while there was a planning case for developing a solar farm on the site, the proposal would be in conflict with the council’s development plan, adding that it would “fracture” the continuity of the local countryside.
“The nature and extent of the benefits of the proposal do not outweigh the harm that I have identified and the proposal would be in conflict with the development plan read as a whole,” the inspector concluded.
That position has now officially been changed by the Planning Inspectorate which found that the benefits outweigh the harms.
