The main issues on the appeal were: landscape and visual impacts, including impacts on users of public rights of way that crossed the appeal site; impacts on heritage assets; impacts on an existing holiday accommodation business next to the appeal site; fire safety; and the effect on agricultural land and food security.

The Inspector found that there would be some harm to the character and appearance of the area which would give rise to development plan policy conflict, but that the harm would reduce over time as landscaping matures. Nonetheless, a degree of harm would remain which would endure for the operational lifetime of the development of 30 years and the Inspector gave this moderate weight.

The Inspector concluded that it had not been demonstrated by objectors that there would be harm to the holiday business nor any fire safety issue arising from the BESS.

On BMV the Inspector that the proposal would not result in the loss of BMV agricultural land or have an unacceptable impact on it. The land could still be used for agricultural purposes alongside the production of renewable energy and could be fully returned to arable or other agricultural purposes at the end of the operational period for the development. Taking the appeal site out of arable food production, which amounts to 0.15% of the arable land in Cornwall would be unlikely to have a material effect on the production of food and food security within either Cornwall or the United Kingdom.

The Inspector gave significant weight to the benefits of renewable energy generation and the contribution the scheme would make to the Clean Power 2030 Action Plan objective, including assisting in improving energy security and resilience. She also gave substantial weight to biodiversity enhancements (the scheme has been designed with significant biodiversity net gain); and moderate weight to economic benefits.

Overall the Inspector concluded that the harm that would be caused to the character and appearance of the area and the conflict with the development plan was outweighed by the benefits of the proposal and granted planning permission.

Mark Westmoreland Smith KC acted for Downing Renewable Developments LLP, the successful Appellant, instructed by Alexis Coleman of Pinsent Masons LLP.