Monday 4 November 2013

What a Lark! – Pickles Refuses Solar Power Appeal (With apologies and commiserations to the applicant)



Being a jobbing planner is tough enough at the best of times. All those procedures and policies, government guidance, validation requirements and material considerations to have regard to, whilst at the same time trying to secure a meaningful planning permission for the client at a cost that doesn’t involve a raid on Fort Knox.

So, you’d be forgiven for thinking that - with the Government pushing the Green Energy agenda as the new nirvana and seemingly allowing humongous wind farm developments on every upland moor, with many more rapidly encircling our coastline – a ground level solar farm would be a bit of a shoe-in, an easy day in the office. But no!


A recent appeal decision that was recommended for approval by the Inspector has been ‘recovered’ by Eric and dismissed. WHAT?


The appeal was made by Lark Energy against the decision of Waveney District Council to refuse the installation of a 30MW solar farm and associated infrastructure.

The site previously formed part of the operational area of Beccles Airfield. Some overhead power lines cross part of the site and the immediately local area contains a variety of uses; including agriculture, industrial premises on parts of the airfield, flying/parachuting activities, a go-kart track and a scatter of dwellings.

I know it. I’ve been there. Nice enough, but not exactly the depths of England’s rural idyll.

The Secretary of State agreed that the main issue was whether the benefits of the scheme, including the production of electricity from a renewable source, outweighed any harmful impacts, having particular regard to the effect upon the character and appearance of the countryside, including the likely impact upon the Hundred Tributary Valley Farmland Landscape Character Area. Suffice to say that the whole thing turns on the extent to which the development would impact upon the character and appearance of the area.

I’m not going to recite the whole thing here as you can read the Inspector’s Report and Eric’s justification for yourself [See Link Below]. The Secretary of State agreed with virtually everything the Inspector concluded. He agreed that there would be no harmful impact upon the Norfolk Broads and the Suffolk Coastal Area of Outstanding Natural Beauty. He also agreed that the harm to the character of the district within a kilometer of the northern, eastern and western boundaries of the northern part of the appeal site would be no greater than that of a permitted scheme, which had already been accepted by the Council.

The Secretary of State agreed with the Inspector that the harm to the character and appearance of the area would not amount to significant adverse effects but, nevertheless, considered the effect on the character of the site, although limited, would be adverse.

I wonder when Eric made his own site inspection? I presume he did. Or how could he reasonably come to such a conclusion; given the Inspectors’ detailed reasoning and recommendation for approval.

And now we get to the nub of the issue, the Secretary of State also noted that, “the impact upon the character and appearance of the area is a concern raised in representations made by the local community (IR64). In line with paragraphs 5 and 8 of the Guidance, he has carefully considered these representations and has given weight to them in his determination”.

You bet he did. Pickles' recently issued guidance on renewable energy requires that the need for renewable energy should not override the views of local people and concerns over landscape and heritage.

With a General Election looming on the horizon (between the sweeping arms of multiple turbine blades no doubt) and Localism failing to gain real traction, with Local and Neighbourhood Plan coverage still years away, the decision could be nothing more than a political sop to the locals. Not even a subtle one.

The real problem is that for future schemes the character and appearance test implied by this decision is going to be a very tough one indeed. By seemingly setting the guidance benchmark so high, it is likely that solar power schemes will have to be buried before they are considered acceptable.

Yet by virtue of the same Government push for alternative energy we have our countryside littered with massive - often non operational - turbines and our urban character seriously degraded by ill considered and incongruously fitted solar panels. Go figure?


To read the whole decision go HERE