Planning Inspectorate Dismisses Anaerobic Digester Appeal

39 Essex Chambers barristers Victoria Hutton and Jake Thorold have successfully represented South Norfolk District Council during a two-week inquiry, resulting in the Planning Inspectorate dismissing an appeal against the council’s decision to refuse planning permission for an anaerobic digester plant at Deal Farm, South Norfolk.

The appeal concerned a sizeable anaerobic digestion plant which had been largely constructed without planning permission. Following a part-retrospective planning application, the council refused the scheme on the basis that despite its environmental benefits, it would have unacceptable impacts on landscape and visual amenity as well as highway safety.

The Planning Inspectorate accepted the council’s case that the rural context and character of the road network surrounding the site meant that the proposed development would increase the scope for conflicts between pedestrians, cyclists and vehicles. The Planning Inspector also agreed with the council that the appellant’s proposed haul route would not mitigate the very significant highways safety impacts, and that these impacts meant that the scheme had a high degree of conflict with the council’s development plan and justified refusal in accordance with paragraph 115 of the NPPF. 

The inspector therefore concluded that the scheme conflicted with the council’s development plan and resultantly should be refused, with material considerations not indicating otherwise.

39 Essex Chambers was instructed by Birketts.

Read the decision here.