Community group claims ‘justice denied’ as court approves ‘explosive’ battery storage development in Great Barr
Community campaigners claim ‘justice has been denied’ after a planning challenge was dismissed at High Court.
The Beacon Action Group has fiercely criticised the planning inspectorate, and now the High Court, for allowing a controversial green belt development to go ahead.
Plans to build a 3.2 hectare Battery Energy Storage System off Chapel Lane in Great Barr were first presented in 2021.
Walsall Council refused the application, and the applicant, Anesco Ltd, appealed the decision to the planning inspectorate.
In January, it was announced the inspector, George Baird, had sided with Anesco, granting the development to go ahead.
In March, Walsall Council challenged the inspector’s decision at the High Court believing the inspector had made ‘fundamental errors’ in coming to his conclusion.
But in September, the court delivered the final blow by dismissing the appeal on the basis that the inspector’s reasoning was adequate.
Chairman of the Beacon Action Group, Bob Winkle, said: “I am firmly convinced that justice was denied by the planning inspector for the people of Great Barr Village, and notably to the 1,500 school children and staff at the nearby Barr Beacon Matrix Academy.
“Planning Inspectors are expected to be fair, and impartial decision-makers, ensuring trust in the planning system.
“They have to consider all evidence and representations from local people and stakeholders in a just manner. This was not the case at our inquiry.
“Earlier this year, the inspector rejected the extremely serious concerns that at least 700 local residents hold about the explosive nature of these ticking time-bomb installations.
“Walsall Council, decided to challenge George Baird’s decision, and this came before High Court Judge, His Honour Judge Jarman KC.
“Notably, nothing was mentioned about the site being in the conservation area, on green belt land or adjacent to Grade II historic registered parkland and many listed buildings.
“Consequently, His Honour Judge Jarman KC, having considered the submission, resolved to uphold the application and allow the BESS in Chapel Lane.
“Despite being constantly told by our political masters that our views matter, and community voices will be heard, countless communities across our nation are suffering the same fate.
“It is an absolute disgrace, and I urge people across the nation to get together to stop the destruction of our precious green belt before it’s too late.
“It seems to me that often there is no justice for us mere mortals and we have to live with the consequences, decided by a few, who can afterwards just walk away.”
A spokesperson for the planning inspectorate said: “Inspectors are independent and impartial. When making a decision the inspector fully considers the evidence submitted at the appeal and takes account of current planning legislation, policy and guidance.
“The inspector’s reasoning is set out in their decision which can be found on the planning inspectorate’s appeal portal.
“Following the issue of the decision, there followed a six week period during which the decision could be challenged in the High Court. This option was followed and, at the renewal hearing, the judge refused the claimant permission to take their claim forward to a substantive hearing.”
