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Amended schemes on appeal: inspector discretion, consultation fairness and valued landscapes under the NPPF; no alternatives requirement — guidance from Bramley Solar Farm (England)

Published on: 02 February 2024

Published by a LexisNexis Planning expert
Legal News
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Bramley Solar Farm Residents Group v Secretary of State for Levelling up Housing and Communities and others [2023] EWHC 2842 (Admin)

What are the practical implications of this case?

The judgment offers a timely reminder of the core factors inspectors should weigh when an amended scheme is advanced on appeal. It confirms that inspectors enjoy discretion over whether to entertain a revised proposal at inquiry, and demonstrates that claimants face a steep hurdle to prove an inspector acted irrationally in addressing a revision. The case prompted updated government guidance on planning appeals in England, clarifying what matters are relevant when a scheme is altered after an appeal has been lodged. That guidance now expressly cites Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin). That judgment sharpened the ‘Wheatcroft principles’ derived from Bernard Wheatcroft v Secretary of State for the Environment [1980] (not reported by LexisNexis®UK), which provide direction on whether to accept a revised scheme—namely, whether the proposed changes amount to a substantive departure from the original application and whether they...

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