The Planning Inspectorate has granted planning permission for the construction and operation of a 49.9MW battery energy storage facility and substation in Staffordshire for a temporary period of 35 years and six months, following refusal by South Staffordshire Council. This development can now go ahead despite concerns relating to the landscape character, policy compliance, environment and safety. It will contribute to the government’s net zero ambitions, climate change mitigation and biodiversity net gain.
The council is in the process of producing a revised local plan. However, the inspector confirmed, in line with previous appeals and case law, that as this was at an early stage, having not yet been submitted for examination, its policies could only be given limited weigh in decision-making. The main issues considered at the appeal concerned the effect of the proposal on the character and appearance of the surrounding area and whether any conflict with the development plan was outweighed by material considerations.
The inspector found conflict with the development plan in respect of effect on landscape character. However, it was concluded that this was outweighed by material considerations which included significant weight being attached to benefits concerning climate changes and net zero and moderate weight being attached to biodiversity net gain, economic benefits and the written ministerial statement “Building the homes we need”. The temporary nature of the development was also an important factor.
The appeal also dealt with a number of procedural issues, including the ability of another person to represent an applicant in the appeal process, as ordinarily appeals can only be submitted by the original applicant, and whether revised information can be submitted as part of the appeal. In respect of the latter, the revised information comprised updated versions of the general arrangement drawing, noise impact assessment and landscape and visual impact assessment.
The inspector reiterated the Wheatcroft principle, finding that, as the revised information did not cause any unlawful procedural unfairness to anyone involved, it could be accepted.
This decision highlights the ever-increasing weight to be attached to proposals which support climate change and net zero ambitions and it is also a helpful indicator around the ability to integrate such facilities into agricultural or open landscape. It also reiterates some basic principles in relation to appeal procedure and, in particular, the potential barrier to applicants in updating proposals or information at the appeal stage.
Lea As is a solicitor in the planning & environmental team at Irwin Mitchell
