Council launches legal challenge over decision of planning inspector to allow grey belt development
Walsall Council has launched a statutory review challenge against a planning inspector's decision to allow an appeal and grant planning permission for a temporary battery energy storage facility.
The council initially refused permission for the facility to be built because it would "represent inappropriate development" in the Green Belt.
The local authority also found that the proposal would fail to enhance and preserve the character and appearance of the Great Barr Conservation Area and heritage assets in the areas, and would be unduly detrimental to the character of the area due to the industrial nature of the site.
It also cited impacts on highway safety arising from an increase in large delivery vehicle movements along the road as a concern.
Energy firm Anesco, the planning applicant, then lodged a second application to build on the site in October 2023.
It later appealed against the council's non-determination of the second application.
Planning inspector George Baird allowed the appeal in a decision notice handed down in January 2025.
He found that the development would utilise Grey Belt land "and having regard to the provisions of Framework paragraph 155, the development would not comprise inappropriate development in the [Green Belt]".
The concept of Grey Belt was added to the NPPF in December 2024 and is defined as land in the Green Belt comprising previously developed land.
The inspector's decision letter also attached great weight to the site's contribution to mitigating climate change and to energy security, and significant weight to the absence of alternative sites and the potential for permanent Biodiversity Net Gain.
He also attached limited weight to temporary economic benefits generated by the proposal.
These factors all outweighed the temporary "Moderate/Minor" adverse landscape and visual effects, the less than substantial harm to heritage assets and the limited harm to residential amenity through noise.
However, Walsall said it believes the planning inspector did not properly consider other possible sites for the development, and did not apply evidence regarding noise impacts.
It also said it feels the inspector made some fundamental errors in coming to their conclusion.
The council has now launched a challenge against the inspectorate under section 288 of The Town and Country Planning Act 1990.
Cllr Adrian Andrew, associate leader of Walsall Council, said: "I do not believe that the decision to develop a battery storage facility on Chapel Lane is the right decision for our borough. We have taken the opportunity to challenge the decision on behalf of local residents.
"Residents have consistently opposed this development, which is, in my opinion, an inappropriate development of greenbelt land. We will do what we can as a council to protect it."
Adam Carey