A recent appeal concerned a battery energy storage system (BESS) on land west of Caldwell Road, Drakelow, South Derbyshire. The site lies close to the former Drakelow Power Station and other energy-related schemes. The site is not within the green belt. The appellant, Enso Green Holdings V Ltd, brought the appeal under section 78 of the Town and Country Planning Act 1990 following the local authority’s failure to determine the application (DMPA/2024/0925) within the statutory period.
The inspector dismissed the appeal, finding that the proposals conflicted with the relevant Local Plan policies as they would have an adverse impact on the rural landscape character, and result in the loss of best and most versatile agricultural (BMV) land. The Inspector concluded that these negative impacts outweighed the benefits of renewable energy infrastructure.
Policy Background / Recent Decision Making
South Derbyshire Local Plan
Local Plan Policy BNE4 (Landscape Character and Local Distinctiveness) looks to protect and enhance the area’s landscape through the careful design and sensitive implementation of new development. Development that will have an unacceptable impact on landscape character that cannot be satisfactorily mitigated will not be permitted. Developers are expected to demonstrate that close regard has been paid to landscape types and character (including in the form of mitigation). The Council seeks to protect BMV agricultural land (including G2) and where possible direct development to areas with lower quality soils.
Local Plan Policy BNE5 (Development in Rural Areas) permits development in rural areas where the development will not unduly impact on landscape character and quality, biodiversity, BMV agricultural land, and heritage assets.
Recent Renewable Energy Consents
There has been a general presumption in favour of renewable energy developments in the last 18 months, with many appeal decisions granting permission citing the national need for renewable energy and climate change as tipping the scales in the exercise of planning judgement.
Key considerations of the Appeal
1. Contribution to Net Zero
The inspector began by acknowledging (a) the national and local policy support for renewable and low-carbon energy infrastructure, and (b) the proposal’s existing connection agreement, allowing it to link to the nearby National Grid Drakelow Substation, and its role in balancing energy supply and demand. The scheme would, in principle, help enable a more flexible and resilient grid, contributing to net zero ambitions.
2. Impact on Landscape and Cumulative Impact
The inspector drew a clear distinction between the appeal site and the nearby consented scheme south of Walton Road. The latter lay adjacent to the former Drakelow power station, the current site extended further into open countryside and accordingly was “less visually influenced” by the housing and infrastructure nearby and was described as attractive grazing land with something of a parkland quality.
While public views were limited, the inspector emphasised the intrinsic value of this open landscape. The proposed enclosure by security fencing and planting belts would, over time, alter the character of the area rather than mitigate its effects. The inspector rejected the submitted assessment’s conclusion of a “minor adverse” impact after 15 years, finding instead that the cumulative spread of battery storage facilities would significantly change local landscape character.
3. Loss of Agricultural Land
The site’s classification as Grade 2 (Very Good) agricultural land was another material factor. Even though the footprint was modest, the inspector considered that a 40-year operational lifespan represented a long-term loss of the best and most versatile agricultural land, adding to the adverse effects.
This differs from a number of appeal decisions (including the Little Hale Fen decision in Lincolnshire) which have confirmed that renewable energy developments do not result in the “loss” of best and most versatile agricultural land but instead acknowledge that the land can return arable production after decommissioning.
4. Policy Conflict and Overall Balance
The inspector concluded that the scheme conflicted with Local Plan Policies BNE4 and BNE5, which safeguard rural character and high-quality farmland. While the benefits of renewable energy were fully recognised, they did not outweigh the identified harm to landscape character and quality agricultural land.
Each case, the inspector stressed, must be determined on its own merits; references to other appeal decisions did not alter the balance reached here.
Takeaways
This decision underscores several recurring themes in current energy-infrastructure appeals:
- Net zero support remains strong, but location still matters — energy proposals must integrate convincingly with landscape context.
- Limited public visibility does not equal limited harm where landscape character itself is valued.
- Cumulative effects are becoming increasingly important as clusters of battery projects emerge around existing substations; this is also relevant to solar development.
- The inspectorate continues to expect robust evidence on agricultural land classification and landscape capacity, not simply mitigation by planting.
Final thoughts
The Drakelow decision highlights that climate imperatives, however urgent, do not eclipse the need for sensitivity to place. The inspector’s reasoning reflects the Planning Inspectorate’s consistent approach: renewable energy proposals must be in the right place, well-integrated, and balanced against other core planning objectives.
