TNEI have secured planning permission for an 11MW solar farm on 25 hectares of “‘Agricultural Grade 2’ land at Bobbing in Sittingbourne, Kent. The approval was issued by the Planning Inspectorate in December 2015, having conducted an appeal Hearing and site visit in September. The appellant, Solar Securities (Group) Ltd, appointed TNEI following a refusal of planning permission by Swale Borough Council on the grounds that the proposal amounted to an inappropriate use of the“‘best and most versatile’agricultural land (i.e. Agricultural Grade 1, 2 and3a) in conflict with the National Planning Policy Framework (NPPF) and national Planning Practice Guidance (PPG).
The Council found the appellant had failed to demonstrate that poorer quality agricultural land had been used in preference to higher quality land,but the Inspector did not accept this argument. Prior to submitting the application, the Inspector found that the appellant had conducteda substantialSequential Searchfor suitable alternative sites elsewhere within Swale. The Council were critical of the methodology and extent of the search but the Inspector countered by stating it was not realistic to fully investigate every possible location. The appellant had acted reasonably in taking a staged approach to narrow down potential alternatives, making appropriate judgements on the basis of the information available. Furthermore, it was not incumbent upon the appellant to demonstrate that there were no possible alternatives; just that reasonable efforts had been made.
The Council also found that the agricultural potential of the land, in terms of productivity and flexibility of cropping, would be unacceptably harmed but the Inspector did not accept this argument. Relying upon first hand evidence given at the Hearing, TNEI successfully demonstrated the site to be less versatile than the surrounding land due to a variety of factors including drainage and the substantial flint content of the soil. Taking account of this evidence, the Inspector concluded that whilst still officially“‘best and most versatile’agricultural land, the appeal site was of a poorer quality.
TNEI relied upon recent appeal determinations at Romsey (Appeal Ref: APP/C1760/W/15/3010697) and Walpole St Andrew, Norfolk (Appeal Ref: APP/V2635/W/14/3001281) issued in September 2015 that found solar development to be acceptable on Grade 2 land.
In summary, TNEI invoked the National Planning Policy Framework’s“‘presumption in favour of sustainable development’demonstrating that the wider national benefits of the proposal clearly outweighed the local level of limited harm. The Inspector accepted this as an appropriate planning balance of all the material considerations and duly awarded planning consent subject to 15.No conditions.
TNEI engaged Mr Alan Buckwell, Emeritus Professor of Agricultural Economics, Imperial College (ex Wye College) London and Stuart Mair MRICS, FAAV, RV, MRAC of George Webb Finn to address matters of agricultural land quality and land management in this case.
If you would like to discuss how TNEI can help you deliver similar projects throughout the UK please contact Nigel Moore on 0191 211 1425 or email:nigel.moore@tnei.co.uk.
