The High Court in London has blocked plans to build a solar energy-producing farm near a conservation area.
In a judgment today Rhodri Price Lewis QC, sitting as a deputy high court judge, quashed the planning permission given in 2014 to Good Energy Mapperton Farm Solar Park (007) Ltd by East Dorset District Council.
The proposed farm was to be located around 700m from the Dorset hamlet of Mapperton, according to the ruling. The site is about a kilometre from Charborough Park, which is a grade I listed building in a grade II listed park and garden containing a grade II listed tower. The council gave permission for farmland to be turned into a solar farm for a period of 30 years.
However, the judge ruled that the permission shouldn’t have been granted based on facts presented to the planning committee.
He said that the council “erred” in its interpretation policies designed to protect heritage assets.
“Although harm to heritage assets was identified by the officer, and the committee proceed on the basis that the proposed development complied with that policy,” the project was in breach, he said.
The planning officer also didn’t advise the committee that it was in breach of other regulations relating to heritage assets. “Partly as a consequence of those finding I have found that the defendant did not comply with its duty to identify whether the proposed development plan was in accordance with the development plan as a whole,” he said.
As a result, he said, the planning permission should be quashed.
The Queen (on the application of Katharine Butler) and East Dorset District Council and Good Energy Mapperton Farm Solar Park (007) Ltd
Planning Court (Rhodri Price Lewis QC, sitting as a Deputy High Court Judge) 19 May 2016
