Agenda item

Further information was included in the Committee Update, with regard to a revised Biodiversity Net Gain (BNG) Metric submitted by the applicant on 13^th May 2025, as detailed on page 3 of the Committee Update.

A copy of the Committee Update was provided to Members and published on the Council’s website prior to the commencement of the meeting.

It was noted that the Application had been brought to the Planning Committee for consideration at the request of Councillor P. J. Whittaker, Ward Councillor.

Officers presented the report and in doing so highlighted that the application was for the installation of 40 solar panels on 5 ground mounted frames (resubmission of application 24/00192/FUL).

Officers presented the presentation slides, as detailed on pages 83 to 91 of the main agenda pack.

Officers stated that, as detailed in the Recommendation to refuse Planning Permission, that by virtue of its position, the proposal would have a detrimental impact on the openness and purposes of the Green Belt.

At the invitation of the Chairman, Ms. J. Lodge, the Applicant addressed the Committee, and Councillor P. J. Whittaker, Ward Councillor also addressed the Committee. Having addressed the Committee, Councillor P. J. Whittaker left the meeting room.

Members then considered the application, which Officers had recommended that planning permission be refused.

Councillor E. M. S. Gray referred to page 79 of the main agenda pack, namely the closed list as referred to -

‘Principle – Green Belt

 In respect of Green Belt policy, it has been established through case law that the list of exceptions for 'appropriate development' set out in policy BDP4 of the Bromsgrove District Plan (BDP) and the National Planning Policy Framework (the Framework) amounts to a closed list. Thereby, proposals not included on the list are regarded as 'prima facia' inappropriate development.’

Officers explained that, as detailed in the report, Paragraph 153 of the Framework stated that inappropriate development was, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Paragraph 154 of the Framework stated that certain other forms of development were not inappropriate including engineering operations. The proposal would involve underground cabling to connect the panels to the dwellinghouse and these elements would not amount to inappropriate development and would have minimal impact on the openness of the site. However, Paragraph 160 of the Framework, in relation to renewable energy installations in Green Belts, stated that 'elements of renewable energy projects’ would comprise inappropriate development.

Some Members commented that the proposal was not a substantial solar farm, as only 40 solar panels would be installed.

Officers stated that they did try and accommodate such proposals where possible as renewable energy generation was important but that an alternative siting within the curtilage of the dwellinghouse was possible which would limit the impact on the Green Belt.

Councillor P. M. McDonald stated that Members had carried out a Site Visit and that having read the Officer’s report, there was no doubt that there was a considerable amount of land in the curtilage. However, the line of the sun was very important for a solar panels. With the number of solar panels being proposed it was not  a commercial solar farm. The applicant had put forward considerations in support of their proposal, as detailed on page 79 of the main agenda pack, in that ‘such a development would provide significant CO2 savings and would address in a small way the Council’s Climate Emergency’.

On being put to the vote, there was no proposer or seconder for the recommendation, as detailed on page 82 of the main agenda pack.

The Council’s Legal Advisor took the opportunity to remind Members that should they be minded to grant planning permission; they would need to provide the reasons for granting the application.

The Development Management Manager further reiterated that Members should refer to the reasons for refusal, as detailed on page 82 of the main agenda pack, and should Members be minded to grant planning permission, that any relevant conditions be considered.

Councillor S. J. Baxter referred to the Shading Assessment and that the applicant would not get the true benefits should the solar panels be repositioned; more sunlight was required in order to generate the required amount of electricity.

Councillor S. J. Baxter proposed an alternative recommendation which was seconded by Councillor P. M. McDonald, in that planning permission be granted.

Members were in agreement that with a Climate Emergency significant weight should be given for the use of renewable energy; and that Very Special Circumstances outweighed the harm to the Green Belt and that the proposal would not have a detrimental impact on the Green Belt or openness, as the proposal was within the applicant’s grounds.

On being put to the vote, the alternative recommendation was carried.

RESOLVED that planning permission be granted, subject to

a)    delegated powers be granted to the Assistant Director for Planning, Leisure and Cultural Services, in consultation with the Chairman of the Planning Committee, to determine the Conditions.