Whilst noting that the scheme would deliver significant benefits by generating renewable energy on this scale with a pre-2030 grid connection (along with biodiversity and economic benefits), the Inspector refused permission principally because certain elements of the panel layout, which spilled out from the valley floor, caused harm (to listed buildings, the landscape and users of public rights of way) which could not be justified. He stated: “having regard to the way the matter was explored at the Inquiry, I am firmly of the view that a better designed scheme using the appeal site in a way that avoided these impacts, could bring forward most, if not all, of the same benefits.”

The Inspector described the Council’s arguments concerning overplanting as ‘legitimate’. Although his refusal did not turn on the justification for overplanting, the decision stresses the importance of developers ensuring that panel numbers are proportionate to the sensitivity of the site and located in appropriate areas.

Annabel Graham Paul acted for the successful local planning authority, Ashford Borough Council instructed by Cheryl Parks, Senior Planning and Development Lawyer at the Council.