Berden Hall solar array hearing 26 March 2024
Councillors Berthoud and Southam attended the Berden Hall solar array hearing on Tuesday 26 March in Uttlesford County Council's offices in Saffron Walden. The good news is that the recent high court decision that the Maggot's End solar array will not go ahead is a very strong precedent for the Berden Hall solar array: the inspector charged with making the new decsion on the Berden Hall solar array will have a lot of explaining to do if he decides to approve the latest array.
For those that missed it, the Berden Hall solar array would stretch from Berden to Stocking Pelham. The array was approved by the government's planning inspector a year ago, but Protect the Pelhams challenged the validity of the conclusion - and won! This meant there will be a re-determination, and the hearing on 26 March was a part of that process. All our original objections will be taken into account, as well as new objections and the objections we made at the hearing.
We learned that recent precedent is one of the most important factors in determining whether an application will be passed. The most recent precedent is the solar array that was planned for Maggot's End. The many objections to this planned solar array were very similar in nature to the objections against the Berden Hall application, so the precedents for Berden Hall are very strong. Use of scarce agricultural land to manufacture electricity rather than grow food, and effects on heritage assets such as Berden Hall views and the Crump were two of the main factors behind the Maggot's End decision.
Low Carbon, the applicant for the Maggot's End array challenged the planning inspector's ruling in the high court. Had the challenge succeeded, the decision would have been struck out making the precendent null and void. The news that the challenge has been thrown out will bring peace of mind to those living near to or enjoying the countryside near Maggot's End, and is hugely important for the decision for Berden Hall.
At the hearing, Berden Parish Council were represented by a heritage expert, and Stocking Pelham Parish Council was represented by Rosie Somers of Protect the Pelhams. "Our" single heritage expert clearly outclassed the applicant's two experts. In addition, Campaign for Rural England (CPRE) made excellent complementary arguments on heritage grounds and the need for productive farmland. Rosie calmly set out the many reasons our two villages should not be made to suffer additional industrialisation in the name of questionable national interest. Councillor Berthoud extended the national interest argument, asking the question does green energy really trump food production - particularly when that green energy can be produced in so many other ways and places, when food cannot? Jo van Riemsdijk gave a very personal account of the effect of additional noise, while another lady described the difficulties and dangers 300+ articulated lorry journeys would cause for local schools and the village hall in Berden. Uttlesford County Council were not satisfied with wildlife plans, particularly for the skylarks that nest in the fields currently. Geoffrey Williamson of East Herts summarised some of the main objections and confirmed the East Herts view that the application should be rejected. Other residents also spoke about the negative effects the massive solar array would bring.
Statera the applicant had at the last minute produced a report showing alternative sites they could consider within a 3 kilometre radius (and the reasons the Berden Hall site is "the best"). Given that this report was produced at the last minute, the Inspector gave us 3 weeks to review that report, and provide comments. Protect the Pelhams and CPRE will provide those comments, and we can expect a final decision about 3 weeks after that, so by the end of May. The decision depends on the views and analysis of the Inspector, but given the Maggot's End precedent we are hopeful the decision will be the one both Parish Councils and the vast majority of inhabitants would want.