Court approves ‘explosive’ battery storage system in Walsall conservation area
A legal challenge by Walsall Council to block a controversial green belt development in Great Barr has been dismissed by the courts.
Deputy leader of Walsall Council, Councillor Adrian Andrew, said the court’s decision to allow the 3.2 hectare Battery Energy Storage System (BESS) off Chapel Lane was ‘disgraceful’.
Now, developer Anesco has permission to go ahead with its plans to develop the facility which will have 44 storage units, two substations, and a 15-metre communications tower.
The authority has long-opposed the development for reasons including fire safety risks, loss of green belt land, noise and industrial appearance.
The intended lifespan of the ‘temporary’ facility is 40 years, with its primary function to store electricity from the grid during off-peak hours and release it during periods of high demand.
The scheme was originally refused by Walsall Council’s planning officers but Anesco appealed the refusal to the planning inspector.
The case was heard at a public inquiry in November 2024 where more than a dozen speakers expressed concerns to the planning inspector, George Baird, over the potential risks to the public and said they would be ‘expected to live in fear’.
The words ‘explosive’, ‘danger’ and ‘risk to life’ were heard repeatedly by each of the speakers and references were also made to another BESS site in Liverpool which set fire in 2020.
The spokesperson for Anesco told the inspector that the development would cause only ‘reversible, low levels of harm’ to the Great Barr Conservation Area and that Walsall Council has ‘consistently overstated’ the risks associated with the development.
The planning inspector approved the appeal, granting permission for the development to go ahead.
In March, Walsall Council lodged a formal challenge to fight the planning inspector’s decision, believing he did not properly consider other possible sites for the development, did not apply evidence regarding noise impacts, and that he made some fundamental errors in coming to his conclusion.
This week it has been confirmed that the court has dismissed the council’s challenge, concluding that the inspector was entitled to use his experience and planning judgement to make his conclusions, and that his reasoning was adequate.
Councillor Andrew 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 greenbelt land. We have fought to challenge the decision and protect the land, but unfortunately we have been unsuccessful.”
