North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Site visit made on 20 August 2025 by R C Kirby BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 31 October 2025 Appeal Ref: APP/E2205/W/24/3353598 North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ • 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 GSI North Court Limited against the decision of Ashford Borough Council. • The application Ref is PA/2022/2415. • The development proposed is full planning application for installation of a solar farm, including photovoltaic panels, substations, inverters, maintenance tracks, security fencing, cameras, landscaping and associated works. Decision 1. The appeal is dismissed. Preliminary Matters 2. The description of development in the banner has been taken from the Council’s decision notice. The Appellant has indicated that it accepts the revised description. I am satisfied that this accurately describes the proposal. 3. On 22 November 2023, all designated Areas of Outstanding Natural Beauty (AONBs) in England and Wales became ‘National Landscapes’ (NLs). I have therefore referred to NLs in my Decision.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision However, for the avoidance of doubt, the legal designation and policy status of these areas are unchanged, and I have proceeded on this basis, continuing to refer to AONB where relevant. 4. The originating application was accompanied by an Environmental Statement (ES) (August 2022) submitted pursuant to the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (as amended) (2017 EIA Regulations). A subsequent addendum was published (September 2023) following an alteration to the planning application with updates to the ES chapters. Some matters including Ecology and Biodiversity were not included in the ES or Addendum, despite being set out in the Council’s Scoping Opinion dated 25 November 2021. 5. The Planning Practice Guidance (PPG) sets out that the Environmental Statement must include the information that may reasonably be required to enable the local planning authority or Secretary of State to come to a reasoned conclusion on the significant effects of the proposed development on the environment.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Therefore, where it becomes evident during the assessment process, for example, when undertaking a baseline survey, that a particular environmental factor is absent or unlikely to be significantly affected by a proposed development, there should be no need for further assessment of that factor even though it was identified in the scoping process. In this regard the Appellant submits that some of the matters https://www.gov.uk/planning-inspectorate

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Therefore, where it becomes evident during the assessment process, for example, when undertaking a baseline survey, that a particular environmental factor is absent or unlikely to be significantly affected by a proposed development, there should be no need for further assessment of that factor even though it was identified in the scoping process. In this regard the Appellant submits that some of the matters https://www.gov.uk/planning-inspectorate

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Appeal Decision APP/E2205/W/24/3353598 raised by the Council in its Scoping Opinion were addressed by way of letter dated 6 April 2022 to which no response was received. 6. The Council determined the planning application on the basis of the ES and Addendum, along with other information including the Preliminary Ecological Assessment (PEA), Extended Phase 1 Habitat Survey, updated PEA, Badger Survey and Biodiversity Net Gain Technical Note. The Secretary of State was satisfied that the submitted ES was satisfactory despite some omissions and/or inadequacies. On this basis I am satisfied that I have sufficient information before me to assess the effect of the proposal on the environment. 7. Despite the findings and conclusions of the Appellant’s ES and Addendum in respect of landscape and visual impacts, and the effect on the historic environment and heritage, they submit in their Statement of Case that they do not contest the level of harm caused by the development as set out in the Planning Officer’s Report.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision In terms of landscape designations the Appellant agrees that a significant adverse impact would be caused, that a significant adverse impact on the rights of ways including the North Downs Way National Trail would result and that the higher end of ‘less than substantial harm’ would be caused to heritage assets. 8. Although not in dispute, I have a statutory duty in respect of designated heritage assets and the Kent Downs National Landscape (KDNL) and thus need to assess the proposal’s impact on these features. Whilst not a reason for refusal, concern has been raised by the Council during the course of the appeal, as well as others, in respect of the ecological surveys submitted with the application. Given my statutory duty with regards to protected species, this matter comprises a main issue in this case. Main Issues 9. Given the above, the main issues in this case are the effect of the proposal on: • the landscape character of the area, including the setting of the KDNL, • the setting of nearby designated heritage assets, • ecology, and • if harm is identified, whether or not there are material considerations to outweigh this. Reasons 10. The proposal is for a solar farm for an operational lifespan of 40 years.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision It would have a potential output of 44MW of electricity and includes solar photovoltaic panels, inverters, substations, maintenance tracks, security fencing and cameras, landscaping, community orchards and associated works. The panels would be approximately 2.63 metres high, oriented at a 15 degree angle in a southern direction and would have a non reflective layer under the toughened glass of them. https://www.gov.uk/planning-inspectorate 2

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision It would have a potential output of 44MW of electricity and includes solar photovoltaic panels, inverters, substations, maintenance tracks, security fencing and cameras, landscaping, community orchards and associated works. The panels would be approximately 2.63 metres high, oriented at a 15 degree angle in a southern direction and would have a non reflective layer under the toughened glass of them. https://www.gov.uk/planning-inspectorate 2

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Appeal Decision APP/E2205/W/24/3353598 Planning Policy Context/Guidance 11. Policy SP1 of the Ashford Local Plan 2030 (ALP) sets out the strategic objectives of the Local Plan and expectations, including that planning applications conserve and enhance the Borough’s natural environment including designated and undesignated landscapes; conserve and enhance designated and non-designated heritage assets and the relationship between them and their settings in a way that promotes distinctive places, proportionate to their significance. It also seeks to ensure that new development is resilient to, and mitigates the effects of climate change by, amongst other things, promoting development that minimises natural resource and energy use, reduces pollution and incorporates sustainable construction practices. 12. Policy ENV10 of the ALP supports proposal to generate energy from renewable and low carbon sources where, amongst other matters the development does not result in significant adverse impacts on the landscape, natural assets or historic assets, having regard to nationally recognised designations and their setting, such as AONBs, Conservation Areas and Listed Buildings.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Policy ENV3a of the ALP requires that development has regard to landscape characteristics including existing features that are important to and contribute to the definition of the local landscape character, amongst other matters. Policy ENV3b sets out that proposals within or affecting the setting of AONBs will be permitted where the location, form, scale, materials and design would conserve and where appropriate enhance or restore the character of the landscape, including the special qualities, distinctive character and tranquillity of the AONB. 13. ALP Policy ENV5 seeks to protect important rural features including public rights of way and other local historic features that help distinguish the character of the local area. Policy ENV13 of the ALP supports proposals that preserve or enhance the heritage assets of the Borough and sets out that if less than substantial harm is caused to the significance of heritage assets that this will be weighed against the public benefits of the proposal, amongst other matters. ALP Policy SP6 includes a requirement that development is of of a design that has a positive response to character, distinctiveness and sense of place and uses natural resources efficiently. 14.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision As set out in its Climate Change Strategy June 2022, the Council in May 2021 made a clear commitment to carbon net zero targets within its own estate by 2030 and to support the Government’s national agenda to reach net zero carbon more widely in the Borough by 2050. 15. These policies are broadly consistent with the National Planning Policy Framework (Framework) in respect of meeting the challenge of climate change, conserving and enhancing the natural environment and conserving and enhancing the historic environment. 16. Of particular relevance are Framework paragraph 161 which requires the planning system to support the transition to net zero by 2050, including giving support to renewable and low carbon energy and associated infrastructure and paragraph 168 which requires that significant weight is given to the benefits associated with renewable and low carbon energy generation and the proposal’s contribution to a net-zero future. Paragraph 187 indicates that planning decisions should contribute to and enhance the natural and local environment and paragraph 212 which https://www.gov.uk/planning-inspectorate 3

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Appeal Decision APP/E2205/W/24/3353598 indicate that when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation (and the more important the asset, the greater the weight should be). 17. The Clean Power 2030 Action Plan expects solar and onshore wind to deliver 29- 30% of Great Britain’s power supply by 2030 and in order to achieve this at both national and local level there it indicates that there is an urgent, substantial need for deployment of further renewable energy generation. These targets echo the Written Ministerial Statement of 30 July 2024 which sets out that boosting the delivery of renewables will be critical to meeting the Government’s commitment to zero carbon electricity by 2030, along with boosting the weight that planning policy gives to the benefits associated with renewables. 18. The National Policy Statements for Energy (EN-1) and Renewable Energy Infrastructure (EN-3), whilst focussed on nationally significant infrastructure projects (NSIP), are nonetheless material considerations in appeals such as this.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Of particular note is that EN-1 establishes that solar farm developments fall within the category of Critical National Priority (CNP) infrastructure when considered under the NSIP regime. EN-3 identifies solar as a key part of the Government’s strategy for low-cost decarbonisation of the energy sector, having an important role for energy independence. 19. PPG on renewable and low carbon energy states that the need for renewable or low carbon energy does not automatically override environmental protections, that cumulative impacts require particular attention, that local topography is an important factor in assessing whether large scale solar farms could have a damaging effect on landscapes and that renewable energy developments should be acceptable for their proposed location. In terms of ground mounted solar photovoltaic farms, the PPG recognises that the deployment of large-scale solar farms can have a negative impact on the rural environment, particularly in undulating landscapes. However, it sets out that the visual impact of a well- planned and well-screened solar farm can be properly addressed within the landscape if planned sensitively. Landscape Character 20.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision The appeal site is approximately 47.60 hectares of gently sloping land, comprising orchard and pasture separated into 2 parcels with Lower Ensden Road running between them. The fields within each parcel are largely small-scale, enclosed by hedgerows and trees, with a belt of woodland to the east and west providing enclosure of the site. 21. There is no dispute that the appeal site is located within the setting of the Kent Downs National Landscape (KDNL). It is located approximately 150 metres to the east and 1350 metres to the south of the appeal site. Given this, I have had regard to my duty under section 85(1) of the Countryside and Rights of Way Act 2000 (as amended) (CRoW Act) which requires that ‘in exercising or performing any functions in relation to, or so as to affect, land in an AONB …. must seek to further the purpose of conserving and enhancing the natural beauty of the AONB’. 22. National policy in respect of national landscapes requires the scale and extent of development to be sensitively located and designed to avoid or minimise adverse https://www.gov.uk/planning-inspectorate 4

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Appeal Decision APP/E2205/W/24/3353598 impacts on the designated areas1. Further guidance is given in the PPG which recognises that ‘land within the setting of these areas often makes an important contribution to maintaining their natural beauty, and where poorly located or designed, development can do significant harm. This is especially the case where long views from or to the designated landscape are identified as important, or where the landscape character of land within and adjoining the designated area is complementary. Development within the settings of these areas will therefore need sensitive handling that takes these potential impacts into account.’2 23. The Kent Downs AONB Management Plan (2021-2026) describes the key components and characteristics of the KDNL as having dramatic landform and long distance views, a distinctive landscape character, biodiversity rich habitats, farmed landscape, woodland and trees, a rich legacy of historical and cultural heritage, tranquillity and remoteness, amongst others.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision The Management Plan also defines the key qualities of the setting of the KDNL as being ‘land outside the designated area visible from the AONB and from which the AONB can be seen, but maybe wider when affected by intrusive features beyond that’ . 24. The Management Plan also provides guidance on proposals which would affect the setting of the AONB, whilst recognising that setting is not subject to the same level of constraint as proposals within it. Specifically, it states that ‘The weight to be afforded to setting issues will depend on the significance of the impact. Matters such as the size of proposals, their distance, incompatibility with their surroundings, movement, reflectivity and colour are likely to affect impact. Where the qualities of the AONB which were instrumental in reasons for its designation are affected by proposals in the setting, then the impacts should be given considerable weight in decisions.’ Further guidance in respect of the setting of the KDNL has been produced by the Kent Downs National Landscape Joint Advisory Committee (January 2018, updated 2024). 25. The appeal site is located to the north of the boundary of National Character Areas (NCA) 113 North Kent Plain and 119 North Downs.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision At a local level it lies within the Old Wives Lees Orchard Landscape Character Area (LCA) and comprises high quality, undulating landform, enclosed by hedgerows, with extensive orchards, woodland and shelterbelts. This is typical of the character area as set out within the Ashford Landscape Character Assessment (2009) which describes the landform as very undulating. It also identifies the landscape as forming the foreground to the Kent Downs AONB. The landscape character of Old Wives Lees Orchard LCA is described as being in good condition and of high sensitivity. 26. This landscape character type displays key features and characteristics of the KDNL including its undulating topography, farmed landscape, woodland, trees, tranquillity, remoteness and position on the side of a dry valley. It is my judgement that whilst the appeal site makes a small contribution to the setting of the KDNL as a whole, it does so in a positive way, forming part of the rural landscape view towards the KDNL and appearing in panoramic views from the designated landscape. 27.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision There are numerous public rights of way (PROW) in proximity to the appeal site including the North Downs Way National Trail which traverses part of the appeal 1 paragraph 189 of the National Planning Policy Framework 2 PPG paragraph 042 Reference ID: 8-042-20190721 https://www.gov.uk/planning-inspectorate 5

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision There are numerous public rights of way (PROW) in proximity to the appeal site including the North Downs Way National Trail which traverses part of the appeal 1 paragraph 189 of the National Planning Policy Framework 2 PPG paragraph 042 Reference ID: 8-042-20190721 https://www.gov.uk/planning-inspectorate 5

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Appeal Decision APP/E2205/W/24/3353598 site, and PROW No AE7 which also traverses part of it. The recreational value of the area is high. 28. There is dispute in respect of the value of the landscape, with the Appellant considering in their ES that the landscape value of the site, the Old Wives Lees Orchards LCA and the wider study area to be medium. From what I have seen and read it is my view that given the intact nature of the landscape, the absence of detracting features, the natural and cultural heritage, recreational value and the strong physical and functional links to the KDNL that the landscape value is high, with a medium to high sensitivity and susceptibility to change. 29. The proposed development would comprise 75,000 photovoltaic PV panels laid out in many rows across much of the site. A substation, access tracks, 1.8 - 2 metre high deer fencing and CCTV cameras would be provided. There would be limited hedgerow removal and the existing field pattern would be maintained. Native woodland and woodland edge planting is proposed, along with wildflower and rough grassland and native hedgerows. Two community orchards are proposed adjoining public footpath PROW noAE7 and to the north of Lower Ensden Road.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Landscape buffers would be provided between the development and sensitive receptors including the PROWs that cross the site, nearby houses and public roads. The landscape management regime would ensure that the hedgerows were maintained at 3 metres in height. Development would not occur on a small parcel of land to the north of Shalmsford Road and to the south of part of the North Downs Way National Trail. The development would be for a temporary period of 40 years, and following decommissioning the equipment would be removed from the site and the land restored to agricultural use. I have borne this in mind in assessing the landscape and visual impacts of the proposal. 30. The public rights of way network would remain for the duration of the development, including during construction and decommissioning. During these periods the operation of plant and machinery would affect the tranquillity of the area, but being for a limited time period (6 months in terms of construction), the adverse effects on tranquillity would be limited also.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision The solar arrays and associated equipment would be unlikely to alter the baseline undulating land form, given their construction methods, and whilst small sections of hedgerows would be removed for access, this would be supplemented by additional hedgerow planting elsewhere. 31. However, although the appeal site is largely contained by landform and landscaping and the proposal includes additional landscaping, the removal of orchards from the appeal site and their replacement with solar panels and associated equipment would markedly change the character and appearance of the site. The attractive, unspoilt fields and orchards would be replaced by regimented rows of uniform solar panels mounted on metal frames, set inside a fenced compound and would introduce a large scale, quasi-industrial development into this otherwise unspoilt, attractive rural area. 32.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision This would be particularly apparent when viewed from the PROW that cross, and are in proximity to the appeal site, from gated entrances and from higher land including from parts of the North Downs Way around the Appellant’s view point 4 from where the notable change to the character and appearance of the area would be particularly noticeable, with the panoramic farmed landscape views, including towards the KDNL eroded by regimented rows of solar panels being in the https://www.gov.uk/planning-inspectorate 6

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision This would be particularly apparent when viewed from the PROW that cross, and are in proximity to the appeal site, from gated entrances and from higher land including from parts of the North Downs Way around the Appellant’s view point 4 from where the notable change to the character and appearance of the area would be particularly noticeable, with the panoramic farmed landscape views, including towards the KDNL eroded by regimented rows of solar panels being in the https://www.gov.uk/planning-inspectorate 6

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Appeal Decision APP/E2205/W/24/3353598 foreground. From the PROW on the western boundary of the site, the open views across the orchards and fields would be significantly eroded, not only by the solar arrays, but by the further enclosure of the PROW, even taking account of the proposed buffer between the development and its route. 33. From parts of the KDNL (including from the appellant’s viewpoints 9 and 15), mindful of the distance that these views would be taken and despite retaining and reinforcing the field boundaries, the proposal would be noticeable as a large expanse of singular coloured development which would not change colour with the seasons. It would be at odds with the changing agricultural landscape within which the appeal site is located and would disrupt the attractive agricultural landscape that forms part of the setting of the National Landscape. 34. I acknowledge that by year 15, and some years before that as suggested by the Appellant (dependent on the size and species of plants), that new landscaping would have matured and provide a greater buffer between sensitive receptors and the appeal proposal.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision However, it is unlikely that this would provide screening year round, and in any event would be unlikely to eliminate the harmful effects of the development particularly when viewed from higher ground, because the additional planting would have limited effect in mitigating the visual impact of the scheme. 35. For the above reasons the proposal would have a harmful effect upon the character and appearance of the appeal site and the landscape character area within which it is located. The removal of large areas of orchards which are noted as key characteristics of the Old Wives Lees Orchard LCA, and presumably from where its name is derived would cause significant harm to the characteristics of this LCA. Significant harm would be caused to the KDNL, to the PROW within the vicinity of the site, including the North Downs Way National Trail, the harms of which the Appellant agrees with. The positive contribution that the appeal site makes to the setting of the KDNL would be diminished by the proposal.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Whilst the effect on the landscape and scenic beauty of the KDNL would be localised, given the extent of the designation as a whole, the proposal would not be sensitively located or designed to avoid or minimise adverse impacts on the designated area. 36. Accordingly the proposal would cause harm to the landscape character of the area and the landscape setting of the KDNL through visual intrusion for at least 40 years during its construction and operation, in conflict with the conserving and enhancing of the natural environment objectives of Policy SP1 of the ALP, the character, distinctiveness and sense of place objectives of ALP Policy SP6, the landscape character and setting of the AONB objectives of Policies ENV3a and ENV3b of the ALP and the protection of important rural features requirements of ALP Policy ENV5.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision There would also be conflict with ALP Policy ENV10, which requires that proposals to generate energy from renewable and low carbon sources does not result in significant adverse impacts on the landscape and with principles SD5 and SD8 of the AONB Management Plan which require renewable and sustainable energy initiatives to help conserve and enhance the natural beauty and landscape character of the Kent Downs AONB and ensure that proposals do not negatively impact on the setting and views to and from the Kent Downs AONB. The proposal would not further the purpose of conserving and enhancing the natural beauty of the AONB, because of harmful development within its setting, in conflict with the CRoW Act. https://www.gov.uk/planning-inspectorate 7

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Appeal Decision APP/E2205/W/24/3353598 37. The Council has referred to Policy ENV1of the ALP within its reason for refusal. This policy relates to biodiversity and in my judgement is not relevant to this main issue. Heritage Assets 38. The appeal site is proximate to a number of designated heritage assets. Section 66(1) of the Planning (Listed Building and Conservation Areas) Act 1990 (the Act) places a statutory duty on the decision maker to have special regard to the desirability of preserving a listed building or its setting. The Framework gives great weight to the conservation of heritage assets and indicates that less than substantial harm to the significance of designated heritage assets is outweighed by public benefits of the proposal. 39. The development of the site as proposed would have no impact on the fabric of the listed buildings themselves, however it would result in development within their settings as set out below. 40. The Barn at North Court Farmhouse, known as Barn 50 yards west of North Court Farmhouse is a grade II listed building which is timber framed on a brick plinth, clad with weatherboard and a plain tile roof.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Dating from the 17th Century the special interest and significance of this listed buildings lies in part in its historical and architectural interest, historical and cultural connection, its age, surviving historic fabric, traditional features and materials. As a barn, its significance is also informed by the rural surroundings and relationship to the farmhouse and farm yard, and the agricultural fields surrounding the buildings. 41. Although fields in proximity to the Barn would be developed with solar arrays, there would be limited intervisibility between the listed building and new development on account of intervening buildings, gradient and mature vegetation. Notwithstanding, the historical connection with the nearby agricultural fields would be lost, albeit for a temporary period, thus harming the significance of the listed building through development in its setting. The setting of the listed building would not be preserved. 42. Lower Ensden Farmhouse is a grade II listed building located on the opposite side of Lower Ensden Road to the appeal site and set at a lower level than the road.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Its significance is derived from its 17th century origins with later additions and its historical and social connections and remaining historic fabric. Set within a farm yard the surrounding agricultural fields form part of its setting and significance, as does its relationship to the Oasts and Oasthouse to the east of it. The Farmhouse is largely experienced from the public footpath to the west of it and the fields to the north. However, the fields comprising the northern of the appeal site form part of the agricultural landscape within which the listed building is experienced and make a positive, albeit limited contribution to its significance as a designated heritage asset. 43. The development of the appeal site, with solar arrays in close proximity to the listed farmhouse, would reduce the agricultural setting of this designated heritage asset, and whilst there would be limited intervisibility on account of levels and landscaping, the proposed development would weaken its rural, agricultural setting.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision The proposal would fail to preserve the setting of the listed building, and in a small way would harm its significance as a designated heritage asset, albeit such effect would be limited, given the remaining wider agrarian setting of the https://www.gov.uk/planning-inspectorate 8

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision The proposal would fail to preserve the setting of the listed building, and in a small way would harm its significance as a designated heritage asset, albeit such effect would be limited, given the remaining wider agrarian setting of the https://www.gov.uk/planning-inspectorate 8

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Appeal Decision APP/E2205/W/24/3353598 building to the north and temporary. I note that the Appellant found differently in this regard. 44. The Oasts and Oasthouse to the east of Lower Ensden Farmhouse are also grade II listed. The building comprises 2 kilns and storage dating from the 19th century comprising chequered brick with a slate roof, of 2 storey with a loft and a pyramidal oast to the left and right. The building is now in residential use. The building’s significance and special interest derives in part from its architectural interest, traditional features and materials, its historic and cultural connection and surviving historic fabric. The surrounding agricultural landscape, including the appeal site informs the role of the building within the wider rural economy and contributes to its significance. 45. Being tall structures the Oasts are experienced over a wide area with views from footpath PROW No AE7, from the fields to the north of Lower Ensden Road, from parts of the North Downs Way National Trail and from Lower Ensden Road itself.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision The open views across pasture to the building from the PROW No AE7 would be eroded through the development of the field with solar arrays and the wider agricultural landscape setting of the listed building would be weakened. Whilst this effect would not be permanent, it would be for a long period time whilst the proposal was operational. Moreover, the Orchard backdrop of the building when viewed from the north of the building from higher parts of the North Downs Way and informal paths across the fields looking south would be lost by the proposed development, replaced by a regimented layout of solar arrays which would be particularly visible rising up the slope. The setting of the listed building would not be preserved, and its significance would be eroded through harmful development within its setting for a period of 40 years. I note that the Appellant found differently in this regard. 46. Phyllis Farmhouse is a Grade II listed building and is located close to the western boundary of the appeal site. Despite additions and alterations, its significance derives in part from its age, its architecture, traditional features and materials.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision As a farmhouse, the significance is also informed by the rural surroundings, of which the appeal site forms part. Although the solar panels would be set away from the appeal site boundary closest to the listed building and existing and new planting would likely prevent intervisibility between the scheme and the designated heritage asset, it is my judgement that the agricultural setting of the Farmhouse would be significantly eroded, introducing regimented rows of solar panels in place of pasture and orchards. I note that the Appellant found differently in this regard. Whilst this would be for a period of 40 years during the operation of the development, the proposal would be harmful to the significance of the designated heritage asset. Its setting would not be preserved. 47. Chilham Castle is a Grade I listed building dating from 1616. Within its grounds are a number of listed buildings including the Chilham Castle Keep and Donkey Wheel (Grade I), boundary wall (Grade II) and terraces (Grade II).

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision The significance of these listed buildings is informed by the Castle’s former occupiers, architects and landscape architects, fine architecture and historical interest, surviving historic fabric and social and historic connections, traditional features and materials. The immediate setting of these designated heritage assets is the Castle’s extensive landscaped grounds which are a grade II* Registered Park and Garden, their relationship to each other and their relationship to Chilham village. https://www.gov.uk/planning-inspectorate 9

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision The significance of these listed buildings is informed by the Castle’s former occupiers, architects and landscape architects, fine architecture and historical interest, surviving historic fabric and social and historic connections, traditional features and materials. The immediate setting of these designated heritage assets is the Castle’s extensive landscaped grounds which are a grade II* Registered Park and Garden, their relationship to each other and their relationship to Chilham village. https://www.gov.uk/planning-inspectorate 9

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Appeal Decision APP/E2205/W/24/3353598 48. The wider setting is the rural, undulating landscape within which the Castle and associated buildings are located. The appeal site is part of that wider landscape setting makes a positive, albeit limited contribution to their significance. The Castle is a focal point in the wider landscape visible in numerous views from the surrounding landscape as part of a wider panorama. Mature landscaping within the Registered Park and Garden and within the intervening landscape prevents inter- visibility with the appeal site, and whilst the appeal site would be viewed from certain points in a wider panorama, the Castle would continue to be a prominent feature and the proposed development would be on the periphery of such views. In this regard, it is my judgement that whilst change would occur within the setting of the listed buildings, harm to some small degree to the Castle’s and Keep’s significance as highly graded designated assets would occur. In terms of the other listed buildings within the Castle grounds the proposal would have a negligible impact on their significance. 49.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision The Registered Park and Garden of Chilham Castle comprises approximately 10 hectares of formal and ornamental gardens and approximately 130 hectares of parkland. It derives its significance from its historical layout, connection to Chilham Castle, to the Castle’s former owners and prominent landscape architects including Lancelot Brown. The designated heritage asset sits within a rural landscape, but because of its distance from the appeal site and intervening landscaping and built form, it is my judgement that the proposal would have a neutral effect upon the significance of this designated heritage asset. 50. The Church of St Mary, Chilham is a Grade I Listed Building. It derives its significance from its age (14th century with later additions and alterations), its architecture, its historical, artistic and cultural connections, surviving historic fabric, traditional features and materials. Its immediate setting is the churchyard and the wider historic core of Chilham, where the Church has a clear foci within the settlement and connectivity to Chilham Castle.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision The tower of the Church is visible in views from the north and northwest and acts as a distinct and deliberate marker as to its presence and ecclesiastical function. From my observations and the evidence before me the development of the appeal site would not impact views of the tower including from the North Downs Way and from public footpaths, including panoramic views. Parts of the site would however be visible in the same panorama, and in that the rural landscape setting of the church would be eroded harm to a small degree to the significance of the Church would result. 51. On the opposite side of Lower Lees Road to the appeal site are 4 cottages which are grade II listed known as Garden Cottages, 1-4 Lower Lees. Dating from around 1700, previously a public house they are now dwellings and their special interest and significance lies in part to their surviving historic fabric, their age, traditional features and materials and their historical and cultural connection. Set back from the road behind mature gardens, away from the appeal site, their setting comprises their immediate gardens with an open outlook to the rear across the agricultural landscape.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision With mature landscaping bordering the appeal site, there is and would be little intervisibility between the proposal and how the listed buildings are experienced. In my judgement and having regard to the Council’s views in respect of this matter, I find that their setting would be preserved. Harm to their significance would not result. 52. Drawing all of the above together, given that the appeal site forms part of the rural landscape setting to the various listed buildings described above and their https://www.gov.uk/planning-inspectorate 10

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision With mature landscaping bordering the appeal site, there is and would be little intervisibility between the proposal and how the listed buildings are experienced. In my judgement and having regard to the Council’s views in respect of this matter, I find that their setting would be preserved. Harm to their significance would not result. 52. Drawing all of the above together, given that the appeal site forms part of the rural landscape setting to the various listed buildings described above and their https://www.gov.uk/planning-inspectorate 10

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Appeal Decision APP/E2205/W/24/3353598 significance as designated heritage assets, with the exception of Garden Cottages, 1-4 Lower Lees, the setting of listed buildings would not be preserved, contrary to the statutory presumption under s66(1) of the Act, which carries considerable importance and weight. It is my judgement that the proposal would result in less than substantial harm to the significance of each of the designated heritage assets. 53. In terms of the Barn at North Court Farmhouse, Lower Ensden Farmhouse, the Oasts and Oasthouse, and Phyllis Farmhouse, given the proximity of the proposal to these designated heritage assets, I consider that the harm that would be caused to their significance would be at the higher end of the less than substantial harm scale, as set out in the Officer report and acknowledged by the Appellant in its Statement of Case. 54. In terms of the other designated heritage assets referred to above, the appeal site is a component part of the wider rural landscape wherein the heritage assets are experienced.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Whilst Chilham Castle, the Keep and Donkey Wheel, the Registered Park and Garden and Church of St Mary are highly graded, it is my view that for the reasons set out above that the harm that would be caused to each designated heritage assets’ significance would be at the lower end of the less than substantial scale. This differs from the findings of the Council. 55. The harm that I have identified to designated heritage assets within the less than substantial scale does not equate to less than substantial importance and weight. Indeed, I attach considerable importance and weight to these harms. In accordance with the Framework, the identified harms need to be weighed against the public benefits of the proposal. This is considered later in my decision. 56. Framework paragraph 216 sets out that the effect of an application on a non- designated heritage asset should be taken into account in determining the application. In weighing applications that directly or indirectly affect non-designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset. 57.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Old Wives Lees is not designated as a conservation area but is considered to be a non-designated heritage asset. Its significance derives from the historic and architectural interest of its remaining historic buildings which, through their design, scale, materials and form offer evidence as to their origins and earlier function. Many of the buildings have agricultural origins, either homesteads, oast houses or farmsteads. The agricultural landscape around the village is part of its significance; the use of which continues today. Views south of the village are extensive and open, however northerly views are interrupted by tall hedgerows and the undulating landform. Notwithstanding, the agricultural land around the village makes a positive contribution to its significance, including the appeal site which is closely related to the built form of the settlement. 58. The proposal would result in the loss of large areas of orchard and replace it with solar panels, and whilst the change would be temporary for 40 years, over this time the landscape setting of the village would be eroded and harm to the significance of the non-designated heritage asset would result. 59.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Given the above, the proposal would result in harm to the significance of heritage assets, in conflict with the Act so far as the identified designated heritage assets are concerned. This is in conflict with ALP Policies ENV5 and ENV10 which https://www.gov.uk/planning-inspectorate 11

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Given the above, the proposal would result in harm to the significance of heritage assets, in conflict with the Act so far as the identified designated heritage assets are concerned. This is in conflict with ALP Policies ENV5 and ENV10 which https://www.gov.uk/planning-inspectorate 11

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Appeal Decision APP/E2205/W/24/3353598 collectively require development to not have significant adverse impacts on historic assets, seeking to protect and where possible enhance historic features. Before I can conclude on whether or not there would be conflict with Policy ENV13 of the ALP, it is necessary to weigh the public benefits of the proposal against the identified harm. Ecology 60. Although not a reason for refusing the planning application, the Council and others have raised concern about the accuracy of the ecological surveys given the dates that they were undertaken and that the management of the land has changed since the surveys were undertaken. Interested parties indicate that the site has not been actively managed for some time. At the time of my visit, I observed that within the orchards the grass was long, overgrown and the orchards did not appear to be intensively managed as set out in the BNG Update. 61. The Appellant’s PEA is dated October 2021 and its Extended Phase 1 Habitat Survey is dated April 2021. An updated PEA dated May 2022 and a further Phase 1 Habitat Survey dated August 2022 were also submitted.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision In addition, a Badger Survey and Technical Note dated October 2021 and July 2022 respectively were submitted. A Biodiversity Net Gain (BNG) Technical Note following a site visit dated June 2023 and a Biodiversity Management Plan dated September 2023 were also submitted. 62. In terms of the various reports submitted the appeal site was described as large areas of intensive orchard and improved/modified grassland which were identified as supporting a relatively low biodiversity value. For protected species including dormice and hedgehogs, the managed hedgerows were described as being suboptimal with limited opportunities for flowering and fruiting; there was no evidence of amphibians but the hedgerows and woodland bordering the site were identified as being likely to support an important range of invertebrates. The reports set out that there was no evidence of bats roosting and whilst the hedgerows may be used for commuting and foraging these were not proposed to be removed. Mitigation measures in respect of these species and birds were proposed to ensure that the natural environment was conserved and enhanced. 63.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision The surveys also found no evidence of reptiles and identified that the site was a poor habitat for them due to regular management of grassland. Tussocky grassland is referred to in the BNG Update survey as being an area where reptiles may be present. On this basis there is a probability that since the survey was undertaken and given the changes to the management of the orchards that reptiles may be present on the site. 64. Moreover, between the 2 badger surveys additional badger activity was recorded, including subsidiary sets. Given this, that the management of the site has changed since the most recent survey was undertaken, and the Appellant acknowledging through the BNG Technical Note that badger activity is high, there is a reasonable probability that badger activity on the site may have increased again. 65. I note the Appellant’s suggestion that when the ecological consultant undertook the 2023 surveys that any alterations to the site would have been reported.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision However, it is clear from the background section of the BNG Update Technical Note that the author had been instructed by the Appellant to undertake a preliminary biodiversity net gain assessment, not an updated PEA or habitat https://www.gov.uk/planning-inspectorate 12

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision However, it is clear from the background section of the BNG Update Technical Note that the author had been instructed by the Appellant to undertake a preliminary biodiversity net gain assessment, not an updated PEA or habitat https://www.gov.uk/planning-inspectorate 12

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Appeal Decision APP/E2205/W/24/3353598 survey. Furthermore, it is clear from the Technical Note that the existing habitats on the site were based on the findings of the Preliminary Ecological Appraisal of 2022, where heavily pruned trees and short grass were identified. 66. The Chartered Institute of Ecology and Environmental Management Advice Note on the Lifespan of Ecological Reports and Surveys (April 2019) sets out the importance of planning decisions being based on up-to-date ecological reports and survey data. It indicates that where the data is less than 12 months old it is likely to be valid in most cases. For data that is 12-18 months old the report/survey is likely to be valid in most cases with a number of exceptions. Where the data is between 18 months and 3 years old an update to a PEA is effectively required. Within this timeframe the likelihood of surveys needing to be updated increase with time and is greater for mobile species or in circumstances where the habitat or its management has changed significantly since the surveys were undertaken. After 3 years the Advice Note indicates that the report/survey is unlikely to be valid and that most, if not all of the surveys are likely to need to be updated.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision 67. Given the changes to the management of the site and the date of the various surveys and reports, it is my judgement that they are not up to date. In the absence of up to date surveys I cannot establish the extent that protected species may be affected by the proposed development. This would be in conflict with the advice set out in Circular 06/2005 – Biodiversity and Geological Conservation3 and my duty under Section 40 of the Natural Environment and Rural Communities (NERC) Act. Additional surveys cannot be controlled by planning condition because the presence of protected species is a material consideration and it may be that the mitigation necessary, included in the various reports, needs amending to ensure that protected species are protected and enhanced. 68. Given the above, I conclude that I have insufficient information before me and uncertainty about the effectiveness of any mitigation measures with regard to ecology to conclude that it would be protected and enhanced.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision This would be in conflict with ALP Policy ENV1, which requires that proposals conserve or enhance biodiversity and safeguard features of nature conservation interest, and Policy ENV10 which seeks to ensure that development does not result in significant adverse impact on natural assets. Other Considerations 69. The appellant has indicated that there are few alternative sites within proximity of the grid connection (which is within the National Landscape) which are not covered by landscape designations, or areas of woodland. I have no evidence before me to reach a different finding in this regard and I am mindful of the locational requirements for solar developments as set out in NPS EN-3. 70. A material consideration in the determination of this case are the various elements of national policy and guidance setting out the importance of providing renewable energy as set out in the Appellant’s Statement, as well as local support for it, not only within the ALP, but other documents including the Kent and Medway Energy and Low Emissions Strategy June 2020, and the Council’s Climate Change Strategy June 2022.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision There is a significant local and national need to reduce carbon emissions and increase renewable energy generation to achieve net zero by 2050 and a net zero electricity system by 2030. 3 Paragraph 99 https://www.gov.uk/planning-inspectorate 13

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision There is a significant local and national need to reduce carbon emissions and increase renewable energy generation to achieve net zero by 2050 and a net zero electricity system by 2030. 3 Paragraph 99 https://www.gov.uk/planning-inspectorate 13

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Appeal Decision APP/E2205/W/24/3353598 71. The solar farm would generate up to 44MWh of renewable energy every year which would be enough to power approximately 14,200 homes. The early grid connection by the end of 2027 would support the objectives of achieving a clean, renewable and sustainable form of energy, and would assist in improving energy security and resilience. The Appellant has indicated that this would result in carbon dioxide emissions saving of over 19,000 tonnes per year from fossil fuel sources (over 770,000 tonnes over the project’s lifespan). This would assist in tackling the climate emergency and to meet national and local renewable energy demand and carbon saving commitments. Significant positive weight in favour of the proposal is given to this matter. 72. The proposal would deliver biodiversity net gain of 81% in area habitat units and 15% in hedgerow units. This would exceed the now mandatory 10% biodiversity net-gain, which is not applicable in this case given the date pf the planning application. This matter attracts significant positive weight, even though some of the landscaping proposed serves to provide mitigation for the effects of the proposal. 73.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision The proposal includes 2 orchards which the Appellant has indicated would be available for community use. Whilst I do not doubt that the community would be able to use these orchards, there is no mechanism before me to secure such provision and this therefore limits the weight that I can give this matter. 74. The Appellant considers that a further benefit are improvements to the management of PROW AE7 and AE8 through the proposed landscape strategy. I attach limited weight to this matter because the landscape strategy forms part of the mitigation of the proposal. 75. Limited evidence has been put to me that organic matter would increase soil quality and improve drainage. I do however acknowledge that taking the land out of crop production for 40 years is likely to improve the quality of the soil, similar to leaving the land fallow. The reduction in farming of the soil would reduce carbon emissions. Moderate weight is given to this matter. I acknowledge that this weighting differs from that given in the Bramley4 decision, but the substantial weight given in this case applied to a number of benefits. 76.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision I acknowledge that there would be economic benefits associated with the proposal including job creation, particularly during the construction phase of the development, to a lesser degree during its operation and as part of the decommissioning. However, this benefit has not been quantified and accordingly I can only give limited weight to this matter. 77. I note the suggestion that the orchards upon the site are due for removal and once this occurs that polytunnels could be erected on the fields. These would, on account of their materials have a visual impact and the removal of the orchards would be harmful to the landscape character of the area. Furthermore, depending on their extent and scale they could be harmful to the setting of the KDNL. However, polytunnels, whilst not prevalent in the locality are an indication of an agricultural use of the land. I have little evidence to indicate that that this would be a realistic fallback position, and that the polytunnels would extend across the appeal site to the same degree that the proposal would and for the same duration.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Even if it were, the Appellant acknowledges that the polytunnels would likely have 4 Ref APP/H1705/W/22/3304561l https://www.gov.uk/planning-inspectorate 14

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Even if it were, the Appellant acknowledges that the polytunnels would likely have 4 Ref APP/H1705/W/22/3304561l https://www.gov.uk/planning-inspectorate 14

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Appeal Decision APP/E2205/W/24/3353598 less of an adverse landscape impact than the proposal. I have no reason to find differently in this regard. This matter carries at most limited weight in my overall considerations. Planning and Heritage Balance 78. The proposal would result in significant harm to the landscape character of the area and would cause harm to the KDNL through harmful development in its setting, in conflict with some development plan policies. In terms of the KDNL, there would be conflict with the duty set out within section 85(1) of the CRoW Act. Whilst the harm would not be permanent, it would exist for the operational lifetime of the scheme for 40 years. 79. I have found that the proposal would not preserve the setting of a number of listed buildings, in conflict with the Act, a matter which carries considerable importance and weight in each case. The harm that would result in terms of the Framework would be less than substantial to the significance of various designated heritage assets through development affecting their settings at both the higher and lower end of the scale. In each case, the harm carries great weight.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Harm would also be caused to the significance of Old Wives Lees as a non-designated heritage asset, and a balanced judgement is required having regard to the harm identified and other considerations. 80. In terms of ecology, insufficient, up-to-date information is before me and as such I cannot be satisfied that protected species would not be adversely affected by the proposal and/or that the mitigation measures proposed would be sufficient to ensure that the species were protected and enhanced. 81. A material consideration is the time limited nature of the proposal, and that the harms caused to the landscape and heritage assets would be reversible. I have borne these factors in the forefront of my mind in coming to my conclusion. However, 40 years is approximately half the lifespan of an adult, or in the case of a child they would likely reach middle age before the development was decommissioned. 82. The benefits of the proposal are set out above which are public benefits, so far as the contribution to net zero and reduction in carbon dioxide emissions, biodiversity net gain, community orchards and enhancements to PROWs.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision The delivery of renewable energy carries significant weight in favour of the proposal, biodiversity enhancements carry significant positive weight, moderate weight is given to improvements to soil quality, and limited weight given to the orchard provision, footpath enhancements and the fallback position. 83. The policy and guidance related to renewable energy carries significant weight in favour of the proposal. However, this does not confer an automatic approval of such schemes.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision The delivery of renewable energy carries significant weight in favour of the proposal, biodiversity enhancements carry significant positive weight, moderate weight is given to improvements to soil quality, and limited weight given to the orchard provision, footpath enhancements and the fallback position. 83. The policy and guidance related to renewable energy carries significant weight in favour of the proposal. However, this does not confer an automatic approval of such schemes.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Indeed, whilst the Framework establishes that the planning system should support the transition to net zero, it also establishes that planning policies and decisions should contribute to and enhance the natural and local environment, recognising the intrinsic character and beauty of the countryside, requiring that development within the setting of National Landscapes should be sensitively located and designed to avoid or minimise adverse impacts on designated sites, and that in determining applications, local planning authorities should take account of the desirability of sustaining and enhancing the significance of heritage assets, recognising the positive contribution that conservation of heritage assets can make https://www.gov.uk/planning-inspectorate 15

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Appeal Decision APP/E2205/W/24/3353598 to sustainable communities and the desirability of new development making a positive contribution to local character and distinctiveness. 84. Moreover, whilst NPS EN-1 indicates a presumption that Critical National Priority projects such as solar should be granted permission unless exceptional circumstances are demonstrated to indicate otherwise, this is on the basis that the requirements of paragraphs 4.2.10 – 4.2.13 of EN-1 have been met. Footnote 99 makes reference to a number of legislative requirements, but it is clear that this is not a closed list. Of particular relevance to this case is that other legal and other regulatory requirements are met. In this case, in exercising the duties therein, the legal requirements of the CRoW Act, the Planning (Listed Buildings and Conservation Areas) Act 1990 and the NERC Act are not met. Any presumption given by NPS EN-1 to grant planning permission does not apply in this case. 85.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — Appeal Decision Whilst significant weight is given to the provision of a renewable energy scheme along with the benefits outlined above, I find that they are insufficient to outweigh the totality of the harmful impacts to the landscape character of the area, the setting of the KDNL, the setting of nearby heritage assets, both designated and non-designated and ecology. The proposal would result in an inappropriately sited renewable energy scheme, and the adverse impacts could not be made acceptable. When the above harm to each of the designated heritage assets is weighed with the public benefits of the proposal, I find that the totality of the harm is not outweighed by the public benefits, in conflict with ALP Policy ENV13 and the Framework’s objectives to conserve and enhance the historic environment. Conclusion 86. The proposal conflicts with the development plan taken as whole. There are no material considerations including the Framework, PPG, NPS EN-1 or NPS EN-3 which outweigh this harm, or which indicate a decision other than in accordance with the development plan. 87. For the reasons given above I conclude that the appeal should be dismissed.

North Court Fruit Farm, Lower Lees Road, Old Wives Lees, Canterbury, CT4 8AZ — Ashford Borough Council — R C Kirby INSPECTOR https://www.gov.uk/planning-inspectorate 16