Walsall Council legally challenges government over ‘explosive’ battery site on green belt

The council has opposed the ‘bombshell’ decision made by the planning inspectorate to approve a Battery Energy Storage System (BESS) to be built off Chapel Lane in Walsall.

Developer Anesco wants to install a 49.35MW battery system spanning 3.2 hectares, with 44 storage units, two substations, a 15-metre communications tower, and several access routes.

The intended lifespan of the ‘temporary’ facility is 40 years, with its primary function to store electricity from the grid during off-peak hours and release it during periods of high demand.

The scheme was originally refused by Walsall Council for reasons including fire safety risks, loss of green belt land, noise and industrial appearance.

Anesco appealed the council’s refusal and the case was heard at a public inquiry in November 2024.

Ahead of the inquiry, more than 30 protesters gathered outside against the proposals.

Once inside, over a dozen speakers expressed concerns to the planning inspector, George Baird, over the potential risks to the public and said they would be ‘expected to live in fear’.

The words ‘explosive’, ‘danger’ and ‘risk to life’ were heard repeatedly by each of the speakers and references were also made to another BESS site in Liverpool which set fire in 2020.

The spokesperson for Anesco told the inspector that the development would cause only ‘reversible, low levels of harm’ to the Great Barr Conservation Area and that Walsall Council has ‘consistently overstated’ the risks associated with the development.

The planning inspector approved the appeal, granting permission for the development to go ahead.

The ‘bombshell’ decision came as a surprise to chairman of the Barr Beacon Action Group, Bob Winkle, who said Anesco ‘presented a much weaker’ case.

Now, this week, Walsall Council has lodged a formal challenge to the government over the inspector’s decision to grant the proposal.

The council believes the planning inspector did not properly consider other possible sites for the development, did not apply evidence regarding noise impacts, and feels the inspector made ‘fundamental errors’ in coming to their conclusion.

If Walsall Council is successful in this challenge, the court would then overturn the decision and the planning inspectorate would assign a different inspector to consider the matter a fresh.

Councillor Adrian Andrew, deputy 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.”