Appeal 6004925

The appeal is allowed and planning permission is granted for the construction and operation of a micro energy storage project at [site address] , Gillingham, [postcode] in accordance with the terms of the application, [name]/25/2401, subject to the following conditions:

The development hereby permitted shall begin not later than three years from the date of this decision.

The development hereby permitted shall be carried out in accordance with drawing nos: Plan 1 [name], Plan 2 [name], Plan 3, Plan 4 and Plan 5.

No site clearance, preparatory work or development shall take place until a scheme for the protection of the retained trees and the appropriate working methods, in accordance with paragraphs 5.5 and 6.1 of [name] 5837: Trees in relation to design, demolition and construction - Recommendations (or in an equivalent [name] if replaced), has been submitted to and approved in writing by the local planning authority. The scheme for the protection of the retained trees shall be carried out as approved.

An application for costs was made by [name] of [name] against Medway Council. That application is the subject of a separate decision.

The main issue is the effect of the development on the character and appearance of the area with specific regard to trees.

The proposed energy store would be located on the west side of [address] on a grass verge and behind a raised earth bank. There are a number of mature trees planted within this verge which provide an attractive vegetative feature in an otherwise highly urbanised area and which visually separates the industrial estate to the east from the dual carriageway to the west.

The submitted plans show the development would be positioned on a part of the verge outside the Root Protection Area and canopy of the nearest trees. From my site visit I saw that this would be the case and so the submitted plans are accurate. It is unlikely therefore that the roots of the nearest trees would be affected by the development, either through excavation or compaction, or that the development would impact on their canopies.

Even if the development would encroach into the RPA or canopies of the nearby trees, it would be at the very edges of the RPA and only very minor pruning of the branches would be necessary. It is highly likely therefore that, even in these circumstances, the vitality of the trees would not be affected by the development, and they would continue to make positive contributions to the character and appearance of the area.

Consequently the proposal would accord with Medway Local Plan (2003) policies BNE1, which says that development should respect the visual amenity of the surrounding area; and BNE43, which states that development should seek to retain trees that provide a valuable contribution to local character.

I have imposed standard conditions relating to the commencement of the development and specifying the approved plans in the interests of certainty. I have also included a condition to ensure the protection of the nearby trees during the installation of the energy store.

The Council suggested, in the officer report, that a further noise survey should be provided to ensure nearby residents would not be adversely affected by the energy store. But given the site’s location at the edge of an industrial estate flanked by busy roads and with no residential dwellings in proximity, this condition would not be necessary.

The proposal would accord with the development plan taken as a whole and there are no other considerations that indicate a decision other than in accordance with the development plan. Therefore, for the reasons given above, the appeal is allowed.