Appeal 6005811

The appeal is allowed. Planning permission is granted for the installation of 24 ground mounted solar panels on land west of the moat and a tesla powerwall battery at [site address] in accordance with the terms of the application, W/25/1231, and the plans submitted with it subject to the conditions set out in the attached schedule.

The main issues in the appeal are as follows: • whether the proposal would be inappropriate development, • the effect of the proposal on the openness of the Green Belt; and • whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations to amount to the very special circumstances necessary to justify the proposal.

[site address] is a Grade II Listed Building and Scheduled Ancient Monument sited within the Green Belt. The National Planning Policy Framework (the Framework) sets out that development within the Green Belt is inappropriate unless it falls within one of the identified exceptions. Policy DS18 of the Warwick District Council Local Plan (Local Plan) states that the Council will protect national planning policy to proposals within the Green Belt. Both the Council and the appellant agree that the proposal would constitute inappropriate development within the Green Belt, and I have no reason to take another view.

The essential characteristics of the Green Belt are their openness and their permanence. In considering the impact of a development on the openness of the Green Belt, Planning Practice Guidance (PPG) advises that relevant factors may include the spatial and visual aspects of the development, its duration and remediability and the degree of activity likely to be generated.

The appeal site comprises an open grassed area of land to the west of [site address] , and its associated moat. Mature trees lie on the wider boundaries of [site address] , and on three sides of the area of land in which the panels would be sited. The development would consist of 24 ground mounted solar panels set in an array of 6 x 4. In terms of the spatial aspect of openness, they would not cover a significant amount of land either in terms of their footprint or due to their limited height. However notwithstanding that the site is previously developed land the proposal would introduce engineered structures on this area of open land resulting in a reduction in openness. They would therefore result in a degree of harm, albeit limited, to the spatial aspect of openness.

Turning to the visual aspect of openness, the site is low lying and visually contained by substantial trees and shrubbery alongside three sides. The panels would not be viewed from [site address] . There are limited vantage points of the site from the public footpath to the far south of [site address] but I note that the proposed planting scheme would provide for the infilling of gaps in this location. As such, the limited extent and height of the panels would cause a minimal degree of harm to the visual aspect of openness.

The solar panels would be installed via ground screws held up on a frame. As such the land could be returned to its former open state if the panels were to be removed in the future. A condition can be imposed to ensure that they are removed if they no longer produce electricity. Beyond the initial installation period and occasional maintenance, the development would not be likely to increase activity on the site.

In conclusion, the proposed development would cause a limited degree of harm to the openness of the Green Belt. The proposal would therefore conflict with Policy DS18 of the Local Plan and the Framework which seeks to protect Green Belt land. Substantial weight should be given to any harm in the Green Belt.

[site address] is a [name] listed building and a Scheduled Ancient Monument. Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that in considering whether to grant planning permission for development which affects a listed building or its setting, special regard must be had to the desirability of preserving any Listed Building or its setting or any features of special architectural or historic interest which it possesses. The Council does not allege that the proposed development would harm the setting of the listed building, and I note that Listed Building Consent has also been granted in respect of the development. I note too that the Council’s Conservation Officer and English Heritage were both consulted and raised no objections to the proposal. Nor have any parties expressed concern about the effect on the significance of the scheduled ancient monument. Having visited the site and given its location and distance from [site address] , I find that the proposal would preserve the ancient scheduled monument and the significance of the designated heritage asset.

The proposed solar panels would constitute inappropriate development within the Green Belt which is harmful by definition and should not be approved except in very special circumstances. The development would also cause limited harm to openness which is a key objective of Green Belt policy. The Framework makes it clear that any harm to the Green Belt must be given substantial weight and that very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness and any other harm, is clearly outweighed by other circumstances.

As stated within the Framework, the planning system supports the transition to a low carbon future, and this includes the use of solar panel technology. Paragraph 167 of the Framework states that significant weight should be given to the need to support energy efficiency and low carbon improvements to existing buildings, including domestic buildings. Policies within the Local Plan also promote substainable forms of development including low carbon energy generation and I note that the Council has declared a climate emergency and adopted a target for achieving net zero emissions by 2030.

Whilst the Council indicate that the contribution made by one dwelling would be modest, the Framework states at paragraph168 that even small-scale projects can provide a valuable contribution to cutting greenhouse gas emissions. Very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable sources (paragraph 160). [name] give significant weight in favour of the proposal to the renewable energy benefits.

Within the site it is proposed that additional planting including a wildflower meadow area would be provided. This would benefit biodiversity within the site and also act to soften the impact of the development. This would also include the infilling of the small gap in the southern boundary of the site and could be secured by condition. This would be a benefit in favour of the scheme.

The harm identified in this instance would be moderated to a large degree by the limited number and height of panels and their siting and screening. The proposal would bring benefits, including the contribution to net zero and the production of energy from renewable sources to which I attach significant weight. I am satisfied that the other considerations in this case clearly outweigh the Green Belt harm. Accordingly the very special circumstances necessary to justify the development do exist and the proposal would not therefore conflict with Policy DS18 of the Local Plan.

Conditions in respect of timescales and specifying the approved plans are necessary as these provide certainty. Conditions for tree and hedge planting and the provision of a wildflower meadow are also necessary in the interests of visual amenity and biodiversity.

For the reasons given above having considered the development plan and all other material considerations, I conclude that the appeal should be allowed as set out in the formal decision notice above.

The development hereby permitted shall begin not later than 3 years from the date of this decision.

The development hereby permitted shall be carried out in accordance with the following approved plans: Site Location Plan, Site Plan dated 19.10.25,, [name] and Proposed Plan, [name] and

In the event of the solar panels no longer being required to produce electricity the solar panels and ancillary equipment shall be dismantled and removed from the site and the site returned to grass land in the condition it was prior to the commencement of the development.

No development shall commence until a full specification of all proposed tree, hedge and wildflower planting has been submitted and approved in writing by the local planning authority. The specification shall include the quantity, size, species and positions of all trees and hedges to be planted and the wildflower mix to be used, how they will be planted or seeded and protected and the proposed time of planting and seeding. The tree/hedge planting and the wildflower seeding shall be carried out in accordance with the approved specification and thereafter retained. Any tree(s) or shrub(s) removed, dying, or becoming in the opinion of the local planning authority seriously damaged, defective or diseased within five years from the substantial completion of the scheme shall be replaced within the next planting season by tree(s) or shrub(s) of the same size and species to those originally required to be planted.

The development hereby permitted shall be carried out strictly in accordance with the details contained within document: Flood Risk Assessment received by the local planning authority on 24th December 2025. *******************************************************************