Green Belt appeal decisions
Updated 11 May 2007, this page includes various recent decisions on appeals against refusal of planning consent. Summarises of appeal decisions arising from refusal of planning consent are available at www.Planning Reource.co,uk/dcs, with a copy of the decision letter also available for a fee.
'SoS' = Secretary of State. 'DETR' is now ‘DCLG’ = Dept for Communities and Local Government.
Merseyside GB methane-powered generator
approved. Mounds would screen the
group of buildings for this electricity generator using methane gas from coal
mines. Although inappropriate in the
green belt, the 2003 energy white paper gave strong support for this type of
unit, reducing green house gas emissions.
It was only temporary and was screened.
The considerable environment al benefits were very special
23m electricity pylon approved in Lancs GB. The pylon and a dozen 8m telegraph poles
would be used for training purposes and involve overhead cabling at a water
treatment works. The impact on the
openness would be limited and, being located at a previously developed site
operated by a statutory undertaker, would cause no significant harm in the green
belt. The pylon would not be viewed
against any skyline and the poles would not be noticeable from a distance. The
benefits of the facility outweighed the harm to the green belt.
Clean electricity station approved - In the GB near
Pilot wells refused in Staffs GB - The applicant wished to drill 4 pilot
wells to explore the commercial possiblity of coalbed methane gas for which
exploration licences had been granted. If successful ther would be a long-term
production facility. The Inspector decided it was acceptable in the GB and any
health risks would be covered by the Health & Safety Executive. However it
would harm the visual amenity of the GB and landscape. No strong need had been
demonstrated whereby national interest would outweigh environmental harm. the
DPM agreed. Staffs CC 19 Nov 2002.
Methane plant OK in Lancs GB - Approval was given to an energy-generating
plant using methane gas trapped in old colliery workings in the GB near Haydock,
Lancs. The Inspector said there would be limited visual harm because the
electricity produced would feed into the Grid via an underground cable. It was
sustainable, and avoid any future hazard from gas leakage. This explotation of
the gas source was a very special circumstance. St Helens MBC 3 july 2002.
Water pump refused due to possible alternatives
- Severn Trent Water
wanted to build a water pumping station in the Derby GB in order to solve a
problem with an existing pipeline located nearby. The building would be about
12m by 9m and a 5.3m ridge height. The strong need would constitute a very
special circumstance normally but the Inspector decided that alternative sites
had not been approached with sufficient vigour and openness to prove that no
other site was suitable outside the GB. Alternative sites were less
sustainable, requiring pumping over greater distances, but were outbalanced by
the need to preserve the openness of the countryside. The SoS
Temp gas exploration rig allowed - The
Gas production wells and pipelines rejected in
GB - A company
wanted to drill wells and extract natural gas for 13+ years from a reservoir
below upland farms in Staffordshire, and transport gas via a 5-km pipeline to
an existing generating facility. The main issue was whether it was appropriate
in the GB and also its visual impact. The inspector thought the well-head would
harm the landscape because of screening mounds, a 330m access track and a 35m
rig. It would fail to maintain the openness of the area and would not achieve
high environmental standards. Information on the pipeline was insufficient to
assess its impact. However the harm arising from the scheme outweighed any
national need for the extraction of natural gas and that very special
circumstances had not been demonstrated. Date