“1. The proposed development due to its scale would have an adverse impact on the landscape character and visual amenity of the area and upon the enjoyment of public rights of way where the harm would not be outweighed by the benefits of delivering a form of renewable energy. The proposal is contrary to the National Planning Policy Framework (2021) and Policies EM1 and EM8 of the Basingstoke and Deane Local Plan 2011-2029 and Policy D1 of the Bramley Neighbourhood Development Plan 2011-2029. 2. The proposed development would result in harm to the local historic environment having particular regard to the potential archaeological interest on the site itself contrary to the National Planning Policy Framework (2021), Policies EM8 and EM11 of the Basingstoke and Deane Local Plan 2011-2029 and Policy D1 of the Bramley Neighbourhood Development Plan 2011-2029.”
“It is important to note that responses to this consultation are for the use of the Inspector who will consider the Appeal. Bramley Solar Ltd is facilitating the consultation but neither it nor Basingstoke and Deane Borough Council … should be thought of as recipients of comments.” ….. “All comments received will be forwarded to the Planning Inspectorate and Basingstoke and Deane Borough Council prior to the opening of the Public Inquiry to be considered alongside all other consultation responses that have been received on the planning application…..”
“80. NPS for Energy (EN-1) advises that when ‘having regard to siting, operational and other relevant constraints the aim should be to minimise harm to the landscape, providing reasonable mitigation where possible and appropriate.’ It further states that a judgement is to be made as to ‘whether any adverse impact on the landscape would be so damaging that it is not offset by the benefits (including need) of the project’ having regard also to whether the project is temporary and/or capable of being reversed. LP Policy EM8 also includes a requirement to consider benefits against impacts of this type of development. 81. As such, both national and development plan policy recognise that large scale solar farms may result in some landscape and visual impact harm. However, these policies indicate that development can be approved where the harm is outweighed by the benefits. I note that the Council’s planning and landscape officers who in recommending approval of the proposal at the application stage considered that the limited adverse impacts of the scheme would be mitigated by the proposed extensive planting and reversible nature of the proposal. 82. In my judgement, the combination of topography, existing hedgerow and trees and the enhanced planting set out in the LEMP, particularly as the planting matures, would mean that the adverse effect on landscape character and visual impact would be limited and highly localised. Moreover, once decommissioned, there would be no residual adverse landscape effects with the enhanced landscape and biodiversity likely to endure. In which case, whilst there would be some localised moderate/slight harm in terms of landscape character and visual impact, in conflict with the relevant development plan policies, the imperative to tackle climate change, as recognised in legislation and energy policy, and the very significant benefits of the scheme clearly and decisively outweigh the moderate/slight harm, in accordance with LP Policy EM8. 83. Turning to heritage, the proposal would result in less than substantial harm to the significance of several designated heritage assets. The harm would be very minor and would be reversed once the solar farm is decommissioned. Nevertheless, where a proposal results in less than substantial harm, NPPF paragraph 199 requires great weight to be given to the conservation of the designated heritage assets. In addition, NPPF paragraph 202 makes clear that such harm is to be weighed against the public benefits of the proposal. Public benefits in respect of NPPF paragraph 202 will provide benefits that will inure for the wider community and not just for private individuals or corporations. It was not suggested that the proposal is necessary in order to secure the optimum viable use of the designated heritage assets. 84. In my judgment, the public benefits of this proposal which would contribute towards achieving net zero as part of a decisive shift away from fossil fuels, assist with increasing solar capacity in the UK from 14GW to 70GW by 2035, assist with achieving the Council’s Climate Emergency Action Plan (2021), reduce carbon dioxide emissions by around 9,381 tonnes annually and provide a biodiversity net gain of 100%, are very significant and outweigh the less than substantial harm to the affected designated heritage assets, giving great weight to the conservation of each of them. The Council confirmed that in its view there was no conflict with LP Policy EM11 which seeks to conserve the Borough’s heritage assets, given the outweighing benefits and from my assessment I have no reason to disagree. 85. Drawing the above together, I conclude the proposal would make a material and early contribution to the objective of achieving the decarbonisation of energy production and that to allow the proposed solar farm would not conflict with the objectives of relevant development and national planning policy when taken as a whole.”
“6. In my judgment at first instance in Bloor Homes East Midlands Ltd. v Secretary of State for Communities and Local Government[2014] EWHC 754 (Admin) (at paragraph 19) I set out the “seven familiar principles” that will guide the court in handling a challenge under section 288. This case, like many others now coming before the Planning Court and this court too, calls for those principles to be stated again – and reinforced. They are: “(1) Decisions of the Secretary of State and his inspectors in appeals against the refusal of planning permission are to be construed in a reasonably flexible way. Decision letters are written principally for parties who know what the issues between them are and what evidence and argument has been deployed on those issues. An inspector does not need to “rehearse every argument relating to each matter in every paragraph” (see the judgment of Forbes J. in Seddon Properties v Secretary of State for the Environment (1981)42 P. & C.R. 26, at p.28). (2) The reasons for an appeal decision must be intelligible and adequate, enabling one to understand why the appeal was decided as it was and what conclusions were reached on the “principal important controversial issues”
“36. The reasons for a decision must be intelligible and they must be adequate. They must enable the reader to understand why the matter was decided as it was and what conclusions were reached on the ‘principal important controversial issues’, disclosing how any issue of law or fact was resolved. Reasons can be briefly stated, the degree of particularity required depending entirely on the nature of the issues falling for decision. The reasoning must not give rise to a substantial doubt as to whether the decision-maker erred in law, for example by misunderstanding some relevant policy or some other important matter or by failing to reach a rational decision on relevant grounds. But such adverse inference will not readily be drawn. The reasons need refer only to the main issues in the dispute, not to every material consideration. They should enable disappointed developers to assess their prospects of obtaining some alternative development permission, or, as the case may be, their unsuccessful opponents to understand how the policy or approach underlying the grant of permission may impact upon future such applications. Decision letters must be read in a straightforward manner, recognising that they are addressed to parties well aware of the issues involved and the arguments advanced. A reasons challenge will only succeed if the party aggrieved can satisfy the court that he has genuinely been substantially prejudiced by the failure to provide an adequately reasoned decision.”
“The true test is …that accepted by both counsel: is the effect of the conditional planning permission to allow development that is in substance not that which was applied for? Of course, in deciding whether or not there is a substantial difference the local planning authority, or the Secretary of State will be exercising a judgment, and a judgment which the courts will not ordinarily interfere with unless it is manifestly unreasonably exercise. The main, but not the only, criterion on which that judgment should be exercised is whether the development is so changed that to grant it would be to deprive those who should have been consulted on the changed development of the opportunity of such consultation…”
“40 In my judgment these cases are not inconsistent with the conclusions I have reached. They still focus on whether the change is substantial bearing in mind the effect on third parties as well as the applicant. But they are concerned with the position on appeal, and plainly there will be a more limited scope to accept what is in effect an amended application at that juncture. It will not be possible at that stage, for example, to permit further consultation. It would plainly not be appropriate to grant planning permission in circumstances where the statutory requirements have not been complied with. The procedure for amendment cannot be used to sidestep the rights of third parties. Not surprisingly, therefore, the question whether an amendment can be fairly and appropriately allowed in that context will be wholly different to the same question when posed by the planning authority itself at a stage when no permission has been granted and further consultation is possible. It follows that these authorities do not affect the conclusions I have reached.”
“The substantive limitation on the nature of the changes that may be made by an amendment appears to be whether the change proposed is substantial or whether the development proposed is not in substance that which was originally applied for, whether or not others have been consulted about the change: see R (British Telecommunications Plc) v Gloucester City Council[2002] 2 P&CR 33 , at paras 38-40; and Breckland District Council v Secretary of State for the Environment(1993) 65 P&CR 34 , 41.”
“Annexe M: Can a proposed scheme be amended? M.1 Making a new application M.1.1 If an applicant thinks that amending their application proposals will overcome the local planning authority’s reasons for refusal they should normally make a fresh planning application. The local planning authority should be open to discussions on whether it is likely to view an amended scheme favourably. M.2 If an appeal is made M.2.1 If an appeal is made the appeal process should not be used to evolve a scheme and it is important that what is considered by the Inspector is essentially what was considered by the local planning authority, and on which interested people’s views were sought. M.2.2 Where, exceptionally, amendments are proposed during the appeals process the Inspector will take account of the Wheatcroft Principles when deciding if the proposals can be formally amended. In the ‘Wheatcroft’ judgment the High Court considered the issue of amendments in the context of conditions and established that “the main, but not the only, criterion on which... judgment should be exercised is whether the development is so changed that to grant it would be to deprive those who should have been consulted on the changed development of the opportunity of such consultation” (Bernard Wheatcroft Ltd v SSE [JPL, 1982, P37]. This decision has since been confirmed in Wessex Regional Health Authority v SSE [1984] and Wadehurst Properties v SSE & Wychavon DC [1990] and Breckland DC v SSE and T. Hill [1992]). It has subsequently been established that the power to consider amendments is not limited to cases where the effect of a proposed amendment would be to reduce the development (See Breckland DC v. Secretary of State for the Environment (1992) 65 P&CR.34). M.2.3 Whilst amendments to a scheme might be thought to be of little significance, in some cases even minor changes can materially alter the nature of an application and lead to possible prejudice to other interested people. M.2.4 The Inspector has to consider if the suggested amendment(s) might prejudice anyone involved in the appeal. He or she may reach the conclusion that the proposed amendment(s) should not be considered and that the appeal has to be decided on the basis of the proposal as set out in the application.”
“7 The substantive changes introduced by the amendments comprise a small reduction in the number of proposed solar panels to increase offset distances from public rights of way, bolstering of the planting to enhance screening, and re-purposing of the proposed Forest School to an enlarged nature area. The Council did not object to the revisions and advised that it considers that primary consideration should be given to the amended scheme as it has been consulted on and discussed at the Inquiry and is an improvement on the submitted proposal. 8. As noted above, at the time of submission to the LPA, the application proposal was subject to publication under the DMP. With regard to the revised proposal under this appeal, I heard that the appellant carried out a further consultation exercise comprising letters, site notices, a website hosting scheme details along with a copy being placed at the Council offices in August 2022. Comments were invited before30 September 2022 . An amendment to the ES2 in respect of the proposed revisions was undertaken, dated August 2022, and its conclusions are noted. 9. Given this further consultation on the revised scheme under this appeal, and as the modifications are minor and go towards addressing the reasons for refusal, I am satisfied that dealing with the appeal on the basis of the amended plans would not prejudice the interests of any party, taking account of the Wheatcroft judgment. I have dealt with the appeal on this basis.”
“It is important to note that responses to this consultation are for the use of the Inspector who will consider the Appeal. Bramley Solar Ltd is facilitating the consultation but neither it nor Basingstoke and Deane Borough Council … should be thought of as recipients of comments.” ….. “All comments received will be forwarded to the Planning Inspectorate and Basingstoke and Deane Borough Council prior to the opening of the Public Inquiry to be considered alongside all other consultation responses that have been received on the planning application…..”
“6.27. A date will be set for responses to the consultation which will allow a minimum of 30 days for responses. This is the period required by the EIA Regulations and has been chosen because it exceeds the minimum 21 days required by the DMPO.”
“Any party to a planning inquiry is entitled (a) to know the case he has to meet and (b) to have a reasonable opportunity to adduce evidence and make submissions in relation to that opposing case. If there is procedural unfairness which materially prejudices a party to a planning inquiry that may be a good ground for quashing the Inspector’s decision. …..”
“12. The appellant wishes for revised details to be considered at the Inquiry. This is disputed by the Residents Group. The Council indicated that it has no objections to the revised details being considered but would wish to see either the revised scheme or the scheme as determined by the Council presented in evidence at the Inquiry. However, given the revisions as described by the appellant are not extensive, and the dispute between the appellant and the Residents Group concerning consultation on the revisions, it would be [pertinent] to consider both iterations of the proposal at the Inquiry to enable the parties to fully cover the areas in dispute, in their respective evidence.”
“There shall be no construction traffic accessing the site via the field access to the north east corner of Field 1 from Bramley Lane.”
“During operation, access to the site will be required to undertake the cleaning of the panels …and maintenance such as checking panels and replacing any defective components should any of the equipment fail. During operation, this will utilise small vehicles such as 4 x 4 or transit vans accessing the site approximately once a month. Other maintenance will comprise occasional mowing and/or grazing by sheep. The volume of traffic accessing the site has been assessed by HCC and is not considered to have a material effect on the safety or operation of the local highway network.”
“As this is an existing access, used by agricultural vehicles, it was not necessary to assess its operation for a single transit van trip per month. Notwithstanding this, and for completeness, the access is shown in Drawing SK05. This demonstrates that the access is appropriate for use.”
“70. With regard to highway safety, I note that the Council’s Transport Officer and the County Council’s Highways Officer raised no objections to the proposal subject to suitably worded conditions being attached to any grant of planning permission. The conditions would include requiring the submission and approval of an amended Construction Traffic Management Plan and against this background the Council considers that the proposal would accord with LP Policies CN9, EN8 and EM10 and Policy T2 of the Neighbourhood Plan. From my assessment, I have no reason to disagree. 71. I heard that the occupiers of Brookside Grange enjoy private rights of access over the access track to the northeast corner of Field 1 which is proposed for access to the proposal. Be that as it may, this would be a private matter for the relevant parties to address and is not determinative to my decision.”
“174. Planning policies and decisions should contribute to and enhance the natural and local environment by: a) protecting and enhancing valued landscapes, sites of biodiversity or geological value and soils (in a manner commensurate with their statutory status or identified quality in the development plan); b) recognising the intrinsic character and beauty of the countryside, and the wider benefits from natural capital and ecosystem services – including the economic and other benefits of the best and most versatile agricultural land, and of trees and woodland; ……”
“NPPF undoubtedly recognises the intrinsic character of the countryside as a core principle. The fact that paragraph [109] may recognise that some has a value worthy of designation for the quality of its landscape does not thereby imply that the loss of undesignated countryside is not of itself capable of being harmful in the planning balance, and there is nothing in Stroud DC v SSCLG[2015] EWHC 488 per Ouseley J or in Cheshire East BC v SSCLG[2016] EWHC 694 per Patterson J which suggests otherwise. Insofar as Kenneth Parker J in Colman v SSCLG may be interpreted as suggesting that such protection was no longer given by NPPF, I respectfully disagree with him. For it would be very odd indeed if the core principle at paragraph [17] of NPPF of “recognising the intrinsic beauty and character of the countryside” was to be taken as only applying to those areas with a designation. Undesignated areas- “ordinary countryside” as per Ouseley J in Stroud DC- many not justify the same level of protection, but NPPF, properly read, cannot be interpreted as removing it altogether.”
““Recognising intrinsic character” must involve some response to that recognition which is inherently a protective or safeguarding one. The inherent beauty or character of the countryside does not presuppose some areas of the countryside have intrinsic beauty but other areas have none. The very concept of intrinsic character and beauty recognises that all countryside will have some such qualities.”
“The National Planning Policy Framework (NPPF) in recognising the intrinsic character and beauty of the countryside, does not seek to protect all countryside from development, rather focusing on the protection of valued landscapes.”
“61. Turning to the matter of battery storage, the 20no. proposed battery containers would enable storage of around 40MWh, being slightly less than the amount of electricity the solar farm would generate in one hour of peak operation. This is in line with the British Energy Security Strategy which encourages “all forms of flexibility” in the energy system and supports solar co-located with storage to maximise efficiency. It also aligns with the strategy for achieving net zero carbon, increasing energy security and reducing energy bills. It is a means of load shifting whereby energy generated during times when demand is at its lowest could be released back to the grid at times of peak demand. 62. I have considered the effect of the proposal on landscape character and in terms of its visual impact, including the proposed battery storage facility, above. In terms of the principle, I consider that the battery storage aspect of the proposal will offer flexibility in operation and maximise energy resources in a balanced and efficient way and does not weigh against the development.”
“268 The principles on whether alternative sites or options may permissibly be taken into account or whether, going further, they are an “obviously material consideration” which must be taken into account, are well established and need only be summarised here. 269 The analysis by Simon Brown J (as he then was) in Trusthouse Forte Hotels Ltd v Secretary of State for the Environment(1986) 53 P & CR 293 ,299–300 has subsequently been endorsed in several authorities. First, land may be developed in any way which is acceptable for planning purposes. The fact that other land exists upon which the development proposed would be yet more acceptable for such purposes would not justify the refusal of planning permission for that proposal. But, secondly, where there are clear planning objections to development upon a particular site then “it may well be relevant and indeed necessary” to consider whether there is a more appropriate site elsewhere. “This is particularly so where the development is bound to have significant adverse effects and where the major argument advanced in support of the application is that the need for the development outweighs the planning disadvantages inherent in it.”
“it seems to me that all these materials broadly point to a general proposition, which is that consideration of alternative sites would only be relevant to a planning application in exceptional circumstances. Generally speaking—and I lay down no fixed rule, any more than did Oliver LJ or Simon Brown J—such circumstances will particularly arise where the proposed development, though desirable in itself, involves on the site proposed such conspicuous adverse effects that the possibility of an alternative site lacking such drawbacks necessarily itself becomes, in the mind of a reasonable local authority, a relevant planning consideration upon the application in question.” 272 In Derbyshire Dales District Council v Secretary of State for Communities and Local Government[2010] 1 P & CR 19 Carnwath LJ emphasised the need to draw a distinction between two categories of legal error: first, where it is said that the decision-maker erred by taking alternatives into account and second, where it is said that he had erred” “by failing to take them into account (paras 17 and 35). In the second category an error of law cannot arise unless there was a legal or policy requirement to take alternatives into account, or such alternatives were an “obviously material” consideration in the case so that it was irrational not to take them into account (paras 16–28).” “it seems to me that all these materials broadly point to a general proposition, which is that consideration of alternative sites would only be relevant to a planning application in exceptional circumstances. Generally speaking—and I lay down no fixed rule, any more than did Oliver LJ or Simon Brown J—such circumstances will particularly arise where the proposed development, though desirable in itself, involves on the site proposed such conspicuous adverse effects that the possibility of an alternative site lacking such drawbacks necessarily itself becomes, in the mind of a reasonable local authority, a relevant planning consideration upon the application in question.”
“Furthermore, in my judgment, the Defendant and Applicants were correct to submit that the case law does indicate that consideration of alternative sites will only be relevant to a planning application in exceptional circumstances (see Mount Cook, cited at [270] in Stonehenge; Jones cited at [271] in Stonehenge; Langley Park, cited at [273] in Stonehenge, and see also in the law report at[2010] 1 P & CR 10 , at [37], [40]). This principle was applied by Holgate J. in the Stonehenge case, at [277], when he found that the circumstances were “wholly exceptional”.”
“What are the particular planning considerations that relate to large scale ground-mounted solar photovoltaic farms? The deployment of large-scale solar farms can have a negative impact on the rural environment, particularly in undulating landscapes. However, the visual impact of a well-planned and well-screened solar farm can be properly addressed within the landscape if planned sensitively. Particular factors a local planning authority will need to consider include: - encouraging the effective use of land by focussing large scale solar farms on previously developed and non agricultural land, provided that it is not of high environmental value; - where a proposal involves greenfield land, whether (i) the proposed use of any agricultural land has been shown to be necessary and poorer quality land has been used in preference to higher quality land; and (ii) the proposal allows for continued agricultural use where applicable and/or encourages biodiversity improvements around arrays ….. - that solar farms are normally temporary structures and planning conditions can be used to ensure that the installations are removed when no longer in use and the land is restored to its previous use; - the proposal’s visual impact, the effect on landscape of glint and glare and on neighbouring uses and aircraft safety; - the extent to which there may be additional impacts if solar arrays follow the daily movement of the sun; - the need for, and impact of, security measures such as lights and fencing; - great care should be taken to ensure heritage assets are conserved in a manner appropriate to their significance ….; - the potential to mitigate landscape and visual impacts through, for example, screening with native hedges; - the energy generating potential, which can vary for a number of reasons including, latitude and aspect. ….. - the potential to mitigate landscape and visual impacts through, for example, screening with native hedges - ……..” - encouraging the effective use of land by focussing large scale solar farms on previously developed and non agricultural land, provided that it is not of high environmental value; - where a proposal involves greenfield land, whether (i) the proposed use of any agricultural land has been shown to be necessary and poorer quality land has been used in preference to higher quality land; and (ii) the proposal allows for continued agricultural use where applicable and/or encourages biodiversity improvements around arrays ….. - that solar farms are normally temporary structures and planning conditions can be used to ensure that the installations are removed when no longer in use and the land is restored to its previous use; - the proposal’s visual impact, the effect on landscape of glint and glare and on neighbouring uses and aircraft safety; - the extent to which there may be additional impacts if solar arrays follow the daily movement of the sun; - the need for, and impact of, security measures such as lights and fencing; - great care should be taken to ensure heritage assets are conserved in a manner appropriate to their significance ….; - the potential to mitigate landscape and visual impacts through, for example, screening with native hedges; - the energy generating potential, which can vary for a number of reasons including, latitude and aspect. ….. - the potential to mitigate landscape and visual impacts through, for example, screening with native hedges - ……..”
“… the NPPG has to be treated with considerable caution when the Court is asked to find that there has been a misinterpretation of planning policy set out therein, under para 18 of Tesco v Dundee. As is well known the NPPG is not consulted upon, unlike the NPPF and Development Plan policies. It is subject to no external scrutiny, again unlike the NPPF, let alone a Development Plan. It can, and sometimes does, change without any forewarning. The NPPG is not drafted for or by lawyers, and there is no public system for checking for inconsistencies or tensions between paragraphs. It is intended, as its name suggests, to be guidance not policy and it must therefore be considered by the Courts in that light. It will thus, in my view, rarely be amenable to the type of legal analysis by the Courts which the Supreme Court in Tesco v Dundee applied to the Development Policy there in issue.”
“The Claimant is seeking to elevate the PPG into a binding code which strictly prescribes the steps that a local planning authority must follow when undertaking its assessment, otherwise it will be found to have acted unlawfully. In my judgment, that is a mistaken approach. The PPG is merely practice guidance, which is intended to support the policies in the NPPF.”
“Agriculture land classification and land type 2.48.13 Solar is a highly flexible technology and as such can be deployed on a wide variety of land types. Where possible, ground mounted Solar PV projects should utilise previously developed land, brownfield land, contaminated land, industrial land, or agricultural land preferably of classification 3b, 4, and 5 (avoiding the use of “Best and Most Versatile” cropland where possible). However, land type should not be a predominating factor in determining the suitability of the site location.”
“55. Concerns were raised regarding a lack of detail demonstrating that alternative sites, including the use of previously developed land, was considered by the appellant. Reference was made to the advice contained in the 2015 iteration of the Planning Practice Guidance (PPG) regarding the range of factors to be considered for large, ground-mounted, solar developments. In particular, the use of greenfield sites and the preference for utilising poorer quality, ahead of higher quality, land. 56. However, the PPG states that a range of factors should be considered including whether the use of agricultural land is necessary, the temporary and reversible nature of the proposal, and the potential to mitigate landscape impacts through screening. This will involve a range of inputs, from grid connection to land ownership, landscape and visual effects and mitigation. The submitted details set out the reasons for the selection of the appeal site, including connecting to the national grid. LP Policy EM8 requires proposals to demonstrate such connections, and in this case, a connection to the national grid through the nearby Bramley substation has been secured. Given the constraints on the wider distribution network this is a matter which increases the compliance of the proposal with local policy. 57. Since 2015, Parliament has declared a climate emergency and theClimate Change Act 2008 (2050 Target Amendment) Order 2019 requires the achievement of net zero by 20508. I was not directed to any legal or policy requirements which set out a sequential approach to considering alternative sites with developments such as the appeal proposal. Of particular relevance, LP Policy EM8 does not require the demonstration of any sequential approach to site selection as confirmed by the Council. Accordingly, I do not consider that planning permission should be withheld on the basis of a lack of identified alternative sites being considered. 58. With regard to the use of agricultural land, Natural England’s Agricultural Land Classification System (ALC) shows the site to be located within an area that contains Grade 2 land within Field 1 and the remainder as Grade 3. The submitted details include an Agricultural Land Quality Assessment. This shows that around 53% of the appeal site is Best and Most Valuable Agricultural Land (BMVAL). However, not all of this land would be covered by PV panels. 59. While the use of higher quality agricultural land is discouraged, the proposal is for a temporary period of forty years which could be secured by a condition attached to any grant of planning permission. The agricultural land would not be permanently or irreversibly lost, particularly as pasture grazing would occur between the solar panels. This would allow the land to recover from intensive use, and the soil condition and structure to improve. The use of the soils for grassland under solar panels should serve to improve soil health and biodiversity and the proposed LEMP, which could be secured by a condition attached to any grant of planning permission, includes measures to improve the biodiversity of the land under and around the panels. 60. Particular concerns were raised regarding compaction during construction and decommissioning. However, the submission of a Soils Management Plan, to be agreed in writing by the LPA, is intended to minimise such impacts. This could be secured by way of a condition, as suggested by the appellant, attached to any grant of planning permission. I note that Natural England as the statutory consultee on agricultural land, raised no comments in its consultation response in this regard. Against this background, I consider that the proposal would not be harmful in respect of BMVAL and would accord with LP Policy EM8 which requires consideration of the impacts of renewable energy developments on high grade agricultural land.”
“However, land type should not be a predominating factor in determining the suitability of the site location.”
“Whilst need for the development does not need to be demonstrated, supporting information to the application has sought to explain the reason for the site location and indicates that in determining the location of this particular development, the primary factor was a need to be close to an available grid location point which in turn influences the viability of the project. The application confirms that a Connection Agreement has been secured with National Grid to connect to the Bramley Substation which has capacity and the availability to receive a connection from a renewable energy source. A 5km search radius was then undertaken around the Bramley Substation. Land closer to the connection point presents a more viable and efficient the development and the less disturbance occurs environmentally. The area around the substation outside of the built up areas comprises mainly agricultural land, determining that such land is prime for consideration. Land was then selected having regard to criteria such as the availability of land, its Grade, allocation for other land uses, the topography and any designations (e.g. nature, historic and landscape). Following engagement with landowners, the application site under consideration was put forward comprising suitable, available and accessible land. In addressing the location, the proposal is considered to accord with Policy EM8 and the PPG that require a demonstration that the development can link to the existing infrastructure such as the national grid or the road network. The physical and environmental impacts of the proposal are assessed within this report having regard to the relevant development plan policies. Alternatives Representations to the application have raised concern as to the lack of detail provided on alternative sites, to include the use of previously developed land. The method of site selection is set out above and there is no requirement in Policy EM8 to demonstrate any sequential approach to site selection. As such the matter of seeking and presenting alternative sites cannot be afforded material weight in the planning balance. The Environmental Statement does however provide consideration of alternative options for the development, such as utilising the site for a differing renewable energy source such as for wind turbines or considering alternative layouts, design and access points. A ‘Do Nothing’ option was also considered which would not provide a contribution towards the need for alternative renewable energy nor the long term environmental benefits that would accompany the application such as benefits to soil quality, biodiversity, landscaping and to farm diversification.”
“Agricultural Land. 10.11. Mr Askew’s evidence shows that as a percentage of the Appeal Proposals site 69% is either not farmland or is lower quality, comprised of 3b quality (and other) land, or is not “under solar panels”