Agenda item

Placement of a ground-mounted solar farm including associated infrastructure, namely inverters, transformer, a DNO substation and grid connection.

It was reported that this application had been referred to the Planning Committee at the discretion of the Assistant Director (Planning) due to the scale and size of the proposal.

 

The Committee was informed that this application proposed the placement of a ground-mounted solar farm including associated infrastructure, namely inverters, transformer, a DNO substation and grid connection. The farm would have an export capacity of 17.6 Mega Watts (MW).

 

Members were aware that there was a recognised need and support for renewable energy technology through both National and Local planning policies and that this development would contribute towards the targets set for the UK’s greenhouse gas emission reduction and increasing the country’s energy supply from renewable sources.

 

The Committee was advised that the assessment of a renewable energy proposal required the impacts to be considered in the        context of the strong, in principle, policy support given the Government’s conclusion that there was a pressing need to deliver renewable energy generation. In this case, there was felt to be no adverse impact on heritage assets, ecology, residential amenity, highway safety or flood risk. There was also an opportunity to improve biodiversity.

 

The landscape impact was considered by Officers to be relatively local, contained mainly to the adjacent A120, Bowl Road and the Public Right of Way that crossed the site. This impact however was considered to be of moderate harm. The landscape mitigation would soften the impact but would not eliminate it. However, the localised impact on the area was not considered by Officers to be sufficient to recommend refusal especially given the lack of harm in other respects and the benefits to biodiversity and the long term benefits to the landscape when the site was decommissioned by the planting mitigation retained. Therefore, although Officers had found moderate harm to the countryside, the localised extent of harm did not outweigh the national benefits derived from providing renewable energy.

 

Officers felt therefore that the proposal could be considered to be in accordance with saved policies EN1 and EN4 and emerging policy PPL 3 and represented an appropriate form of development in the countryside. Therefore, the principle of the development in this location was considered acceptable.

 

In addition, the application was supported by saved policy EN13A and emerging policy PPL10 which advocated for new proposals for renewable energy developments in the District. The energy generated by the proposed development would contribute to supporting growth in the region, and        the carbon emissions saved as a result of generating electricity from a renewable source, would help to tackle climate change and minimise resource use.

 

The Committee had before it the published Officer report containing the key planning issues, relevant planning policies, planning history, any response from consultees, any written representations received and a recommendation of approval.

 

At the meeting, an oral presentation was made by the Council’s Planning Officer (ML) in respect of the application.

 

An update sheet had been circulated to the Committee prior to the meeting with details of an additional letter of objection.

 

Anthony Groombridge, a member of the public, spoke against the application.

 

Parish Councillor Robert Stephens, speaking on behalf of Wix Parish Council, addressed the Committee on this application and advocated that it should be refused.

 

Tom Pike, an agent acting on behalf of the applicant, spoke in support of the application.

 

During the Committee’s debate on this application, Members discussed and asked questions on the following matters:-

 

Matters raised by a Committee Member:-	Officer’s response thereto:-
Will the Public Rights of Way across the site remain?	Yes – they will remain open and in place at all times though the visual aspect from those footpaths will change.
How many tonnes of carbon will be removed as a result of this application?	143,000 tonnes over the lifetime of the solar farm according to the applicant’s calculations.
Does TDC have a Strategic Plan for Renewable Energy generation within the District?	No – sites are developer-led in accordance with the NPPF and are assessed by TDC Officers on their individual merits.
Is this site designated as a safeguarded green space?	No.
Is there anyway of checking the carbon capture savings? Is there a formula for this? There could be a benefit to nature if the land is no longer used as farmland?	No – but these figures were provided by a specialist company. Yes – there could be biodiversity gain from the planting of trees, hedgerows and wild flowers on this site.

 

Following discussion by the Committee, it was moved by Councillor Alexander, seconded by Councillor Harris and unanimously:-

 

RESOLVED that the Assistant Director (Planning) (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to the following conditions (and reasons):-

 

1.         The development hereby permitted shall begin no later than three years from the date of this decision. Written notification of the date of commencement of the development hereby permitted shall be given to the Local Planning Authority no later than 14 days after the event.

          

Reason - To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

 

2.         The development hereby permitted shall be carried out in accordance with the following approved plans being drawing nos. titled:

 

          - REN669-CEPH-SL001 B – Solar Farm Layout

          - CE-PHSF-SD001 0 – Solar Panel Section

          - CE-PHSF-ED001 1 – Solar Panel Elevation

          - 5033-1 A – Tubular Fixed Pole Elevation

          - Inverter Top and Side Elevations

          - Inverter Section Elevations

          - Inverter Floor Plans

          - Inverter Elevations

          - Tubular Fixed Pole Specification Sheet

          

Reason - For the avoidance of doubt and in the interests of proper planning.

 

3.         Development, aside from enabling works, shall not begin until a Decommissioning Method Statement has been submitted to and approved in writing by the Local Planning Authority. The Statement shall include the timing for decommissioning of all, or part of the solar farm if it ceases to be operational, along with the measures, and a timetable for their completion, to secure the removal of panels, plant, fencing, equipment and landscaping initially required to mitigate the landscape and visual impacts of the development. Decommissioning shall be carried out in accordance with the approved Decommissioning Method Statement.

          

Reason - In the interests of the amenity of the area.

 

4.         No development, aside from enabling works, shall take place until a scheme for landscaping, including a timetable for implementation, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of additional and supplemental planting, including an on-going management plan to ensure maintenance of any approved landscaping. The landscaping scheme shall be implemented in accordance with the approved details within the first planting season following the completion of the development hereby permitted, and shall be maintained during the first 5-years of the development, with the replacement of any trees or plants which die, are removed or become seriously damaged or diseased, in the first available planting season with others of similar size and species.

          

Reason - To ensure the provision of amenity afforded by appropriate landscape design.

 

5.         All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in chapter 6 of the Ecological Impact Assessment (Gray Ecology, Sept 2020, updated Nov 2020), as already submitted with the planning application and agreed in principle with the local planning authority prior to determination.

 

          This may include the appointment of an appropriately competent person e.g. an ecological clerk of works (ECoW,) to provide on-site ecological expertise during construction. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details.

 

Reason - To conserve and enhance protected and Priority species and allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species).

 

6.         A wintering and breeding farmland bird mitigation and monitoring strategy must be submitted to and approved in writing by the Local Planning Authority prior to the completion of the development, and the strategy must provide details of the measures that will be implemented if the surveys identify a decline in bird population numbers.

 

          The Farmland Bird Mitigation Strategy shall include the following:

 

          a) Purpose and conservation objectives for the proposed measures

          b) Detailed Methodology for measures to be delivered

          c) Location of the proposed measures by appropriate maps and/or plans

          d) Mechanism for implementation & Monitoring of delivery

 

          The Farmland Bird Mitigation Strategy shall be implemented in the first nesting season following completion of the development and in accordance with the approved details, or any amendment as may be approved in writing pursuant to this condition, and all features shall be delivered for a minimum period of 10 years.

 

Reason - To allow the LPA to discharge its duties under the NERC Act 2006 (Priority habitats & species).

 

7.         A Biodiversity Enhancement Layout, providing the finalised details and locations of the enhancement measures contained within Chapter 7 of the Ecological Impact Assessment (Gray Ecology, Sept. 2020, up-dated Nov. 2020), shall be submitted to and approved in writing by the local planning authority prior to the completion of the development. The enhancement measures shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.

 

Reason - To enhance Protected and Priority Species and allow the LPA to discharge its duties under the s40 of the NERC Act 2006 (Priority habitats & species).

 

8.         There shall be no installation of external lighting during the operational phase of the development except in full accordance with a scheme that has been approved in writing by the Local Planning Authority.

 

Reason - To allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017, the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species).

 

9.         A Landscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to completion of the development.

 

          The content of the LEMP shall include the following:

 

          a) Description and evaluation of features to be managed.

          b) Ecological trends and constraints on site that might influence management.

          c) Aims and objectives of management.

          d) Appropriate management options for achieving aims and objectives.

          e) Prescriptions for management actions.

          f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).

          g) Details of the body or organisation responsible for implementation of the plan.

          h) Ongoing monitoring and remedial measures.

 

          The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body or bodies responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally       approved scheme. The approved plan will be implemented in accordance with the approved details.

 

Reason - To allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 (as amended) and s40 of the NERC Act 2006 (Priority habitats & species).

 

10.      No works except enabling works shall take place until a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme should include but not be limited to:

 

          - Verification of the suitability of infiltration of surface water for the development. This should be based on infiltration tests that have been undertaken in accordance with BRE 365 testing procedure and the infiltration testing methods found in chapter 25.3 of The CIRIA SuDS Manual C753. There should be a minimum of a 1m gap between the highest annual ground water level and the base of any infiltrating feature. All point infiltration features should maintain a 5m distance from any structure foundations.

          - Ensuring that discharge rates and volumes are not increased as a result of the application for all storm events up to and including the 1 in 100-year rate plus 40% allowance for climate change.

          - Detailed information regarding the mitigation of the risk channels being created by the solar arrays.

          - Provide sufficient storage to ensure no off site flooding as a result of the development during all storm events up to and including the 1 in 100 year plus 40% climate change event.

          - Demonstrate that all storage features can half empty within 24 hours for the 1 in 30 plus 40% climate change critical storm event.

          - Final modelling and calculations for all areas of the drainage system.

          - The appropriate level of treatment for all runoff leaving the site, in line with the Simple Index Approach in chapter 26 of the CIRIA SuDS Manual C753.

          - Detailed engineering drawings of each component of the drainage scheme.

          - A final drainage plan which details exceedance and conveyance routes, FFL and ground levels, and location and sizing of any drainage features.

          - A written report summarising the final strategy and highlighting any minor changes to the approved strategy.

 

Reasons:

- To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.

- To ensure the effective operation of SuDS features over the lifetime of the development.

- To provide mitigation of any environmental harm which may be caused to the local water environment

- Failure to provide the above required information before commencement of works may result in a system being installed that is not sufficient to deal with surface water occurring during rainfall events and may lead to increased flood risk and pollution hazard from the site.

 

11.      No works shall take place until a scheme to minimise the risk of offsite flooding caused by surface water run-off and groundwater during construction works and prevent pollution has been submitted to, and approved in writing by, the local planning authority. The         scheme shall subsequently be implemented as approved.

 

Reason - The National Planning Policy Framework paragraph 163 and paragraph 170 state that local planning authorities should ensure development does not increase flood risk elsewhere and does not contribute to water pollution. Construction may lead to excess water being discharged from the site. If dewatering takes place to allow for construction to take place below groundwater level, this will cause additional water to be discharged. Furthermore the removal of topsoil during construction may limit the ability of the site to intercept rainfall and may lead to increased runoff rates. To mitigate increased flood risk to the surrounding area during construction there needs to be satisfactory storage of/disposal of surface water and groundwater which needs to be agreed before commencement of the development. Construction may also lead to polluted water being allowed to leave the site. Methods for preventing or mitigating this should be proposed.

 

12.      Prior to completion of the development a maintenance plan detailing the maintenance arrangements including who is responsible for different elements of the surface water drainage system and the maintenance activities/frequencies, has been submitted to and agreed, in writing, by the Local Planning Authority. Should any part be maintainable by a maintenance company, details of long term funding arrangements should be provided.

 

Reason - To ensure appropriate maintenance arrangements are put in place to enable the surface water drainage system to function as intended to ensure mitigation against flood risk. Failure to provide the above required information prior to occupation may result in the installation of a system that is not properly maintained and may increase flood risk or pollution hazard from the site.

 

13.      The applicant or any successor in title must maintain yearly logs of maintenance which should be carried out in accordance with any approved Maintenance Plan. These must be available for inspection upon a request by the Local Planning Authority.

 

Reason - To ensure the SuDS are maintained for the lifetime of the development as outlined in any approved Maintenance Plan so that they continue to function as intended to ensure mitigation against flood risk.

 

14.      The development hereby permitted shall not be commenced until such time as a soil management plan has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved.

 

Reason - Soil compaction and the creation of channels can cause increased run-off rates and volumes from the site. Therefore a soil management plan should show how this will be mitigated against. Failure to provide the above required information before commencement of works may result in a system being installed that is not sufficient to deal with surface water occurring during rainfall events and may lead to increased flood risk and pollution hazard from the site.

 

15.      No construction or decommissioning works shall take place except between the following hours: 0800 to 1800 Monday to Friday, and 0800 to 1300 Saturday. No construction or decommissioning works shall take place at any time on Sunday or a Bank Holiday.

          

Reason - In the interests of local amenity.

 

16.      The planning permission hereby granted is for a period from the date of this decision until the date occurring 30 years after the date the development is first operational commences, when the use shall cease and the solar panels and all ancillary equipment and landscaping initially required to mitigate the landscape and visual impacts of the development shall be removed from the site in accordance with the Decommissioning Method Statement approved pursuant to Condition 3.

          

Reason - To ensure that the landscape impact of the development exists only for the lifetime of the development.

 

17.      All ancillary equipment, including substations and inverter/transformer stations, shall be painted a non-obtrusive colour in accordance with details to be agreed in writing with the Local Planning Authority before implementation of the ancillary equipment. The development shall be carried out in accordance with the approved details.

          

Reason - In the interests of the amenity of the area.

 

18.      12 months prior to the expiry of the planning permission, a site restoration scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include a programme of works to remove the solar panels and related equipment, and shall be fully implemented within 12 months of the expiry of this permission.

          

Reason - In the interests of the amenity of the area.

 

19.      If the solar farm ceases to export electricity to the grid for a continuous period of 12 months then a scheme shall be submitted to the Local Planning Authority for its written approval within 3 months from the end of the 12 month period for the removal of the solar farm and associated equipment and the restoration of (that part of) the site to agricultural use. The approved scheme of restoration shall then be fully implemented within 6 months of that written approval being given.

          

Reason - In order to ensure that the solar park fulfils its required purpose or is removed from the land in the interests of rural visual amenity.

 

20.      No development or preliminary groundworks of any kind shall take place until a programme of archaeological investigation has been secured in accordance with a written scheme of investigation which has been submitted by the applicant, and approved in writing by the local planning authority.

 

          No development or preliminary groundworks of any kind shall take place until the completion of the programme of archaeological investigation identified in the WSI defined in above.

 

          The applicant will submit to the local planning authority a post excavation assessment (to be submitted within six months of the completion of the fieldwork, unless otherwise agreed in advance with the Planning Authority). This will result in the completion of post excavation analysis, preparation of a full site archive and report ready for deposition at the local museum, and submission of a publication report.

 

Reason - Evidence from the HER in the surrounding area shows there is, however, potential for survival of previously unrecorded archaeological remains dating to the prehistoric and Roman periods and Medieval to post-medieval agricultural features. This condition is therefore being applied in line with the National Planning Policy Framework to ensure the appropriate protection of the potential heritage assets impacted by the development.

 

21.      Within 18 months of the date of this planning permission the developer shall have submitted and received written approval from the local planning authority (in consultation with Highways England) of the following design details relating to the required improvements to the A120 site access and the scheme shown in outline on SLS drawing number SLS 376.1/20/002 rev2. Scheme details shall include drawings and Documents showing as applicable:

 

          i. How the improvement interfaces with the existing highway alignment and carriageway markings.

          ii. Full construction details relating to the highway improvement. This should include any modifications to existing structures or proposed structures with supporting analysis.

          iii. Full Signing/lighting.

          iv. Confirmation of compliance with Departmental standards (DMRB) and policies (or approved relaxations/departures from standards).

          v. Evidence that the scheme is fully deliverable within land in the control of either the applicant or the Highway Authority.

          vi. An independent Stage 2 Road Safety Audit (taking account of and stage 1 Road Safety Audit recommendations carried out in accordance with Departmental Standards (DMRB) and Advice Notes.

 

          The above scheme approved by the Local Planning Authority shall be implemented and completed to the satisfaction of the Local Planning Authority in consultation with the Highways Authorities and NO construction of the main development shall take place unless and until the junction improvements shown in outline on SLS drawing number SLS 376.1/20/002 rev2 have been delivered and are fully open to traffic.

 

Reason – In the interests of highway safety.

 

22.      Prior to the commencement of development a vehicular turning facility for service and delivery vehicles, of a design to be approved in writing by the Local Planning Authority shall be constructed, surfaced and maintained free from obstruction within the site at all times for that sole purpose.

 

Reason - To ensure that vehicles can enter and leave the highway in a forward gear in the interest of highway safety.

 

23.      No works whatsoever shall commence until such time as a Construction and Traffic Management Plan is approved in writing by the Local Planning Authority. The approved plan shall be adhered at all times during all ground works, construction and decommissioning traffic throughout the pre-construction, construction and decommissioning phases.

 

Reason - To ensure that the adjoining highway is not obstructed by construction activity, in the interests of highway safety.

 

24.      No development shall take place, including any enabling works, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

 

              i.       the parking of vehicles of site operatives and visitors

             ii.      loading and unloading of plant and materials

           iii.       storage of plant and materials used in constructing the development

 iv.     wheel and underbody washing facilities

        v.     swept path analysis for construction vehicles for key junction(s)

 

Reason - To ensure that on-street parking of these vehicles in the adjoining streets does not occur, in the interests of highway safety.

 

25.      No development shall take place until a Construction Traffic Routing Plan has been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The approved plan shall be adhered at all times during all ground works, construction and decommissioning traffic throughout the pre-construction, construction and decommissioning phases.

 

Reason - To ensure that the adjoining highway is not obstructed by construction activity, in the interests of highway safety.

 

26.      Prior to the commencement of any work on the site a joint inspection of the local road (Bowl Road) to be used by construction vehicles should be carried out by the applicant and the Highway Authority, to include photographic evidence. The route should then be inspected again, after completion of the development, and any damage to the highway resulting from traffic movements generated by the application site should be repaired to an acceptable standard and at no cost to the Highway Authority. 

 

Reason - To preserve the integrity and fabric of the highway, in the interests of highway safety.

 

27.      The public’s rights and ease of passage over public footpath no. 18_183 (Wix) shall be maintained free and unobstructed at all times, unless otherwise agreed in writing with the Local Planning Authority.

 

Reason - To ensure the continued safe passage of the public on the definitive right of way and accessibility.

 

28.      Following the completion of construction works the site compound areas shall be restored in full accordance with an approved Site Compound Restoration Scheme. This scheme shall be submitted 4 months prior to the completion of construction works and approved in writing by the Local Planning Authority.

 

Reason – To ensure the compound areas are sympathetically restored in the interests of visual and residential amenity.