Battery scheme to proceed as Walsall’s case is dismissed

The local authority had lodged a High Court challenge against a planning inspector’s decision to allow the development in Great Barr, handed down in January this year.

Walsall Council served the formal challenge on the government in March, on the basis that it did not believe the inspector, George Baird, properly considered other possible sites for the development; did not apply evidence regarding noise impacts; and felt the inspector made some fundamental errors in coming to their conclusion.

This week, however, it has been confirmed that the local authority’s case has been dismissed, with the High Court concluding that the inspector was entitled to use their experience and planning judgment to make their conclusions and that their reasoning was adequate.

The case had been brought against applicant Anesco and the Secretary of State for Housing, Communities & Local Government.

Anesco had sought, and now has, permission for the construction of a temporary 49.35MW battery energy storage facility, with security fencing, access and associated works at Chapel Lane.

Before the inspector began the inquiry, Anesco requested that the application be decided based on amended plans, these alterations including relocating the site access and changes to the internal access track, revised visibility splays, replacing the CCTV system and communications tower with beam security, the inclusion of a swale and firewater pond to align with the proposed drainage layout, rationalisation of fencing, removing the existing stable blocks and changes to the landscaping plan.

Giving a verdict both in terms of whether the land concerned should be considered Grey Belt or Green Belt, the inspector had said that in either case, the appeal was allowed as the positive impacts outweigh the negative.

Cllr Adrian Andrew, deputy leader of Walsall Council, said: “It’s disgraceful that the court has dismissed the case, but sadly they have the final say. I do not believe that the decision to develop a battery storage facility on Chapel Lane is the right decision for our borough.

“Residents have consistently opposed this development, which is, in my opinion, an inappropriate development of Green Belt land. We have fought to challenge the decision and protect the land, but unfortunately we have been unsuccessful.”