Sawyers Farm Slough Lane, Little Cornard, SUDBURY, CO10 0NY

Sawyers Farm Slough Lane, Little Cornard, SUDBURY, CO10 0NY — Babergh District Council — Appeal Decision Site visit made on 15 January 2025 by M Woodward BA (Hons) PgDip MA MRTPI an Inspector appointed by the Secretary of State Decision date: 21st March 2025 Appeal Ref: APP/D3505/W/24/3347272 Sawyers Farm, Slough Lane, Little Cornard, Sudbury CO10 0NY • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Ms Sara Merritt against the decision of Babergh District Council. • The application reference is DC/24/00504. • The development proposed is solar energy array within the grounds of a listed building. Decision 1. The appeal is allowed, and planning permission is granted for a solar energy array within the grounds of a listed building at Sawyers Farm, Slough Lane, Little Cornard, Sudbury CO10 0NY, in accordance with the terms of the application, Ref DC/24/00504, subject to the following conditions: 1) The development hereby permitted shall be carried out in accordance with the following unnumbered drawings: Location Plan at 1:1250, Proposed Block Plan. 2) Within 56 days of the date of this Decision, a scheme of landscaping shall be submitted to the local planning authority.

Sawyers Farm Slough Lane, Little Cornard, SUDBURY, CO10 0NY — Babergh District Council — Appeal Decision The scheme shall be based on the approved ‘Proposed Block Plan’ and shall include details of proposed tree and hedge planting including quantity, size, species and positions and how each will be planted and protected at the time of planting, details of ongoing maintenance until the landscaping has been successfully established, retention following establishment and replacement planting should establishment fail. The scheme shall also include a timetable for the implementation of the scheme of landscaping. The scheme of landscaping shall subsequently be approved in writing by the local planning authority and thereafter the development shall be carried out in accordance with the approved details and timetable. 3) When the photovoltaic panels ceased to be used for the purposes of generating electricity, the photovoltaic panels along with the associated frame and infrastructure shall permanently be removed and the site shall be returned to its original form. Preliminary Matters 2. The development as set out in the banner heading above has already been carried out. I have largely taken this description of development from the planning application form, omitting any superfluous wording concerning its retrospective nature.

Sawyers Farm Slough Lane, Little Cornard, SUDBURY, CO10 0NY — Babergh District Council — Appeal Decision https://www.gov.uk/planning-inspectorate

Sawyers Farm Slough Lane, Little Cornard, SUDBURY, CO10 0NY — Babergh District Council — Appeal Decision https://www.gov.uk/planning-inspectorate Appeal Decision APP/D3505/W/24/3347272 3. Historic England comments on the proposal were received late in the appeal process on account of the Council’s failure to consult them at the planning application stage. I have considered this, along with the appellant’s subsequent response, in reaching my decision. 4. As the proposal affects the setting of a listed building, I have had special regard to section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act), which requires the decision maker to have special regard to the desirability of preserving a listed building or its setting or any features of special architectural or historic interest which it possesses. Main Issue 5. The main issue the whether the development preserves Sawyer’s Farmhouse1, a Grade II* listed building, having regard to its setting. Reasons 6. Sawyer’s Farmhouse2 is a timber-framed hall range with cross-wing dating from the 15th and 16th centuries, with later historic additions. It has a venerable quality mainly due to its vernacular architectural attributes, contributing to a legible building of late medieval construction.

Sawyers Farm Slough Lane, Little Cornard, SUDBURY, CO10 0NY — Babergh District Council — Appeal Decision The modern small outbuildings and structures within the grounds are relatively anonymous and do not detract from the listed building, or the sylvan character of the land surrounding it, which contributes to an eminently rural setting, complementing the building’s historic function and appearance as a medieval hall house. 7. Therefore, insofar as it relates to this appeal, the building’s special interest is mainly derived from the legibility of its medieval origins in the form of its visible vernacular materials and architecture. The verdant gardens within which it sits are characteristic of its historic rural setting, allowing the building to be appreciated, contributing to its significance. 8. In respect of the development, the solar panels are located to the north of the listed building within a modest sized garden area. They form a single block, several metres tall and wide, and are angled generally skyward. They are attached to a supporting frame structure. 9. When travelling along the track approaching the site immediately to the north, views of the array are intermittent and limited.

Sawyers Farm Slough Lane, Little Cornard, SUDBURY, CO10 0NY — Babergh District Council — Appeal Decision This is largely due to a mature belt of trees and vegetation, comprising a mix of deciduous species which were leafless at the time of my visit, along with evergreen specimens with substantial foliage. Whilst some distant views of the panels are obtainable further away from the site, existing landscaping and the modest scale of the development means that they do not appear incongruous or prominent in the building’s setting. Therefore, the existing boundary vegetation substantially curtails views of the panels beyond the immediate confines of the appeal site. 10. Discreet though they may be from a wider panorama, the array is nevertheless visible within the grounds of the building, and particularly from within its north facing garden, as well as being visible from the building internally through some of the windows on the north elevation. The presence of the panels is exacerbated by 1 List entry ref - 1036687 2 Also referred to as ‘Sawyers Farm’ by appellant https://www.gov.uk/planning-inspectorate 2

Sawyers Farm Slough Lane, Little Cornard, SUDBURY, CO10 0NY — Babergh District Council — Appeal Decision Appeal Decision APP/D3505/W/24/3347272 their cellular, silicon appearance and semi-reflective qualities, and the close proximity of them relative to the building highlights them as obtrusive features of modern design, in contrast with the vernacular style of the farmhouse. Therefore, the panels harm the setting, in turn detracting from the historic and architectural significance of Sawyer’s Farmhouse. 11. Paragraph 212 of the National Planning Policy Framework (the Framework) advises that when considering the impact of development on the significance of a designated heritage asset, great weight should be given to its conservation. The more important the asset, the greater the weight should be. Paragraph 213 goes on to advise that significance can be harmed or lost through the alteration or destruction of the asset and that any such harm should have a clear and convincing justification. 12. Whilst I have identified adverse effects to the setting, the impacts relate to an enclosed part of the garden and a small part of the overall setting; comprising impacts that are more confined than those stated by the Council.

Sawyers Farm Slough Lane, Little Cornard, SUDBURY, CO10 0NY — Babergh District Council — Appeal Decision It therefore follows that I find the harm to be at the lower end of less than substantial, as opposed to the medium level of less than substantial harm alleged by the Council. However, in connection with a Grade II* listed building, this harm is given considerable importance and weight. Harm Minimisation and Mitigation 13. Historic England’s consultation response suggests that the appellant may have other available land to site the panels, which are less harmful to the heritage asset. Some of these alternatives along with others have been ruled out by the appellant on heritage or technical feasibility grounds3. 14. In any event, it is necessary to consider the context. The scheme is domestic and small-scale and the Framework recognises the valuable contribution made by such schemes in cutting greenhouse gas emissions4. 15. Furthermore, by adopting a broader consideration of alternatives having regard to the building’s special interest, direct impacts on the historic fabric and architecture of the building have been avoided. This is due to the location of the array, which is detached from the building, and located within its grounds. 16.

Sawyers Farm Slough Lane, Little Cornard, SUDBURY, CO10 0NY — Babergh District Council — Appeal Decision Whilst I recognise that the appellant has not analysed every alternative in the district as required by Policy LP25(3) of the Babergh and Mid Suffolk Joint Local Plan 2023 (Local Plan), requiring a fine-grained assessment of each and every potential alternative across the district is, in the context of a modest scheme such as this, disproportionate and potentially discourages renewable energy adoption. It does not align with the Framework’s positive approach to small scale renewable schemes. In addition, the Framework sets no requirement for an assessment of alternatives. 17. Therefore, insofar as it relates to this appeal, whereby alternative direct impacts on the building have been avoided, the array’s location is an inherent form of harm minimisation. There is also a degree of inconsistency between Policy LP25 and the Framework in relation to the former’s requirement for a comprehensive 3 See Design and Access Statement, appellant Final Comments and comments on Historic England consultation response 4 Para 168 of the Framework https://www.gov.uk/planning-inspectorate 3

Sawyers Farm Slough Lane, Little Cornard, SUDBURY, CO10 0NY — Babergh District Council — Appeal Decision Appeal Decision APP/D3505/W/24/3347272 consideration of alternatives. As such, I attribute the conflict with this criterion of the policy limited weight. 18. Moving on to mitigation, the proposal includes a landscaping scheme. It would strengthen and extend the existing planting along the boundary of the garden to further reduce obtainable views of the panels beyond its grounds. Furthermore, evergreen planting would be provided in between the building and the array which, once fully established, would provide a substantial screen throughout the year ensuring limited views of the panels from the building and vice versa. Overall, the landscaping would complement the building’s intimate, verdant surroundings without diminishing the ability to appreciate the building’s significance. 19. The Council provide no arboriculture-based reason why a condition could not be imposed to achieve the screening in the long-term. Therefore, the mitigation proposed would be effective in minimising harm in accordance with Policy LP25(1e) of the Local Plan. 20.

Sawyers Farm Slough Lane, Little Cornard, SUDBURY, CO10 0NY — Babergh District Council — Appeal Decision Taking the foregoing considerations into account, a lower level of less than substantial harm to the heritage asset would remain in the short-term, but this would be progressively reduced in the medium to long-term upon full establishment of the landscaping scheme, resulting in a small measure of less than substantial harm. Public Benefits 21. Paragraph 215 of the Framework advises that the identified harm should be weighed against the public benefits of the proposal, which includes the securing of optimal viable use of listed buildings. 22. In relation to public benefits, and irrespective of whether the renewable energy generated by the scheme directly serves the appeal property or the grid, the Framework states that significant weight should be attributed to the benefits associated with renewable energy whatever their form. It also states that applicants should not be required to demonstrate need5 and that the planning system should support the transition to net zero by supporting renewable and low carbon energy6. 23. The scheme would reduce the draw on the national grid and the demand for fossil fuels, thus lowering carbon dioxide emissions and contributing towards tackling climate change.

Sawyers Farm Slough Lane, Little Cornard, SUDBURY, CO10 0NY — Babergh District Council — Appeal Decision In the context of the size of the scheme, these are moderate but tangible public benefits which attract significant weight in favour. Planning/Heritage Balance 24. The development results in less than substantial harm to the special interest of the listed building and there would be conflict with the requirements of the Act, the Framework and Policies LP19 and LP24 of the Local Plan which require, amongst other matters, that development responds to and safeguards the existing character and context and sustains the significance of assets where enhancement to the environmental performance of heritage assets is concerned. 5 Para 168 of the Framework 6 Para 161 of the Framework https://www.gov.uk/planning-inspectorate 4

Sawyers Farm Slough Lane, Little Cornard, SUDBURY, CO10 0NY — Babergh District Council — Appeal Decision In the context of the size of the scheme, these are moderate but tangible public benefits which attract significant weight in favour. Planning/Heritage Balance 24. The development results in less than substantial harm to the special interest of the listed building and there would be conflict with the requirements of the Act, the Framework and Policies LP19 and LP24 of the Local Plan which require, amongst other matters, that development responds to and safeguards the existing character and context and sustains the significance of assets where enhancement to the environmental performance of heritage assets is concerned. 5 Para 168 of the Framework 6 Para 161 of the Framework https://www.gov.uk/planning-inspectorate 4

Sawyers Farm Slough Lane, Little Cornard, SUDBURY, CO10 0NY — Babergh District Council — Appeal Decision Appeal Decision APP/D3505/W/24/3347272 25. There would also be conflict with various criterion within Policy LP25 due to the identified heritage harm and the limited consideration of alternatives. However, for the reasons given, this harm is attributed limited weight. 26. On balance, I find that the limited less than substantial harm to the listed building is outweighed by the public benefits of the proposal. These public benefits accord with several paragraphs of the Framework as set out and these material considerations are sufficient to outweigh any identified conflict with the development plan. Other Matter 27. There is disagreement between the main parties as to whether the solar array constitutes an act of ‘development’ requiring planning permission7. This is immaterial to my decision given that I am finding in favour of the scheme and allowing the appeal. Conditions 28. As the development has already been completed, it is not necessary to attach a condition relating to a time-limit for commencing development. I attach a condition setting out approved plans as this is necessary in the interests of certainty. 29.

Sawyers Farm Slough Lane, Little Cornard, SUDBURY, CO10 0NY — Babergh District Council — Appeal Decision A landscaping condition is imposed as this is necessary so that details relating to the proposed landscaping, including height and diameter, as well as the spacing between each specimen and ongoing maintenance, can be agreed in order to ensure that necessary screening is provided and retained. 30. The proposal is justified largely based on the public benefits arising from renewable energy generation. Therefore, should the renewable electricity generation permanently cease, the array should be removed, which is a requirement of Policy LP25(2) of the Local Plan. As such, a condition is imposed to this effect. Conclusion 31. For the reasons set out and subject to the attached conditions, the appeal is allowed.

Sawyers Farm Slough Lane, Little Cornard, SUDBURY, CO10 0NY — Babergh District Council — M Woodward INSPECTOR 7 Under S55 of the Town and Country Planning Act 1990 (as amended) https://www.gov.uk/planning-inspectorate 5