Devon CPRE and East Devon residents’ action group celebrate dismissal of an appeal for a BESS sited above an aquifer
In a victory for the environment and the countryside, a Planning Inspector has dismissed an appeal by a developer intent on building an 80 MW Battery Energy Storage System (BESS) on land directly above an important aquifer at Raymond’s Hill, near Axminster. The Inspector concluded that the potential contamination of drinking water supplies and damage to the local landscape outweighed the benefits of the scheme’s clean energy claims.
The high-profile energy infrastructure project proposed at Newlands Farm, close to the Devon-Dorset border, was opposed by Devon CPRE and members of the Hawkchurch and Monkton Wyld Action Group, who are massively relieved at the appeal decision published yesterday.
Supported by Devon CPRE, the resident’s action group objected to the appeal by Sky UK Development Limited at a Public Inquiry held in May and June this year. It’s the second victory for the action group and ourselves this year after successfully fighting off another appeal for a BESS at Hawkchurch a few months ago. Previously, the Hawkchurch and Monkton Wyld Action Group successfully opposed two other BESS proposals in the vicinity – Pound Road in 2023 and Pound Farm in 2025.
The Newlands Farm appeal decision dated 7th October states that the main issues were whether:
• the site is suitable for the proposed development taking account of ground conditions and any risks arising from fire and contamination, including to public health and the natural environment, with particular regard to the water environment, and
• the proposal would conserve or enhance the natural beauty of the Dorset National Landscape.
In a lengthy 64-point report, the Inspector covers in great detail the fire and storm risk and potential pollution of the drinking water aquifer, concluding that the measures proposed by the appellant were not robust enough to counter the threat of hazardous materials leaching into the soil and contaminating the groundwater. The Inspector, Mrs R C Kirby, also determines that there would be harm to the Dorset National Landscape. These two harms outweigh any benefit in terms of energy storage. She states :
“In conclusion, I find that whilst the benefits of the scheme would outweigh the moderate harm that would be caused to the Dorset National Landscape, they are insufficient to outweigh the very substantial, overriding, unacceptable risks in respect of pollution of the water environment including groundwater in the aquifer and human drinking water in the event of a fire and storm event, however low the probability of such a risk would be, in conflict with the development plan and the national decision-making policies of the Framework. The mitigation proposed would not be effective in ensuring that there would be an acceptable balance between harm and benefit. Accordingly, the proposal is not suitable for its location“.
Devon CPRE’s Energy Spokesperson Dr Phil Bratby says it’s fantastic news: “this appeal dismissal is a very important decision, and represents another victory for people power as it’s the second BESS appeal dismissal in the area this year. The Inspector goes out of her way to cover in great detail the fire and storm risk and the potential of hazardous materials polluting the aquifer used for drinking water. For years Devon CPRE has been highlighting the risks from the hazardous materials that could be released and contaminate the groundwater.
“The Hawkchurch & Monkton Wyld Action Group has done an amazing job opposing so many proposals in the area in the last few years. We hope this decision will give encouragement to others opposing similar BESS proposals in the countryside, including the massive Devon Data Centre and BESS scheme residents of Great Torrington are now fighting with our full support”.
In the run-up to the two East Devon appeals, Devon CPRE produced a video outlining the concerns of East Devon residents living in and around Hawkchurch and Raymond’s Hill and their race to raise the money for the legal costs involved: The rural East Devon community urgently raising funds to fight off Battery Energy Storage Systems