Agenda item

Committee considered a detailed report in relation to the above application.

The application was for a relatively large scale solar farm between Whaley and Creswell. Whilst the application had been significantly amended by negotiation to omit the area which contained the highest concentration of best and most versatile agricultural land (BVAL) it still contained about 10ha of it.

 

Local plan policy SC6 ‘Renewable Energy and Low Carbon Energy’ was fundamental to this decision. SC6 allowed solar farm development on agricultural land, but only allowed large scale solar farms (BVAL) under ‘exceptional circumstances’.

 

The application had been brought to Planning Committee as there was a need to decide whether or not this bar had been met and so whether or not the proposal complied with the local plan. The officer recommendation was that it had, due to the lack of alternative grid connection points in the District with capacity for this scale of solar farm and because most of the land within range of the connection point was also BVAL. Other impacts had been assessed but none of these warranted the refusal of planning permission because the harms identified were outweighed by the benefits of renewable energy and the need to tackle the climate emergency.

 

The site was comprised of approximately 46ha of arable agricultural land and located

approximately 1km to the south of Creswell. The closest dwellings to the site were the small group of properties associated with the former Frithwood Farm and Frithwood Farm Cottage adjacent to the northern site boundary.

 

The area of the site proposed to be developed with solar panels had been reduced during the course of the planning application to omit the two fields at the east side of

the site.

 

Further information was contained in the update report on the following matters where additional information was awaited at the time of writing the report:-

 

·       Additional noise modelling;

 

·       A revised Landscape Masterplan which responds to Landscape Officer comments;

 

·       A revised Biodiversity Net Gain Assessment relating to the reduced site area.

 

The update report also noted an additional condition be applied to any consent to deal with noise mitigation for the inverters:

 

“Prior to the commencement of development, a scheme of noise mitigation measures to deal with noise from the inverters, must have been submitted to and approved in writing by the Local Planning Authority in consultation with the Environmental Health Officer. The approved mitigation measures must be implemented and maintained whilst the solar farm is operational.”

 

Responses from neighbouring properties were set out in the report. A number of

objections had been against the principal of developing a solar farm in this location and that brownfield sites should be used instead. Another concern was the size of the proposed development.

 

A late representation had been received and was read out by the Principal Planner.

 

The key issues in the determination of the application were:

 

·       the principle of the development including loss or agricultural land and benefits of renewable energy;

 

·       the impacts on the conservation area and heritage assets;

 

·       the landscape and visual impact of the proposed development;

 

·       impacts on the amenity of users of public footpaths/bridleways;

 

·       the impacts on residential amenity;

 

·       traffic impacts and highway safety;

 

·       impacts on biodiversity.

 

Richard Boother and Michelle Howley attended the meeting on behalf of the applicant and spoke for the application.

 

Moved by Councillor Duncan McGregor and seconded by Councillor Tom Munro

RESOLVED that the application be APPROVED subject to the following conditions (subject to minor wording revision being delegated to the Assistant Director of Planning and Planning Policy):

 

1.     Time Period for Commencement

The development shall be begun before the expiration of three years from the date of this permission.

 

2.     List of approved plans

including, inter alia, Revised Site Layout Plan 1146 - WHALEY 004 REV A.

 

3.     Temporary Permission

Within 1 month of the date of first export of electricity, confirmation shall be given in writing to the local planning authority of the date of first export to the Grid. The development hereby permitted shall cease on or before the expiry of a 40-year period from the date of the first export of electricity and the local planning authority shall be notified of the cessation of electricity generation and storage in writing no later than 5 working days after the event. The land shall thereafter be restored to its former condition in accordance with a scheme of decommissioning work (the Decommissioning Scheme).

 

4.     Decommissioning Scheme

A Decommissioning Scheme shall be submitted to and approved in writing by the local planning authority no later than 6 months prior to decommissioning and shall include provision for the dismantling and removal from the site of the solar PV panels, frames, any foundations, inverter housings and all associated structures, underground cabling, storage facilities and fencing and security measures. The decommissioning shall be carried out strictly in accordance with the approved scheme.

 

5.     Early Decommissioning

In the event the site ceases to generate and store electricity for supply to the

electricity grid network for a period of 12 months, an Early Decommissioning Scheme shall be submitted to and approved in writing by the local planning authority, no later than 3 months from the end of the 12-month period. The scheme shall include the same provisions referred to in Condition 4 and the decommissioning shall be carried out strictly in accordance with the approved scheme.

 

6.     Updated Badger Survey

Prior to the commencement of development, including other intrusive site surveys and preparatory site clearance, a detailed badger survey for any recently excavated badger setts on the site or within 30 metres of the site boundary shall be undertaken and the results and any appropriate mitigation/licensing requirements and programme of implementation shall be submitted to the Local Planning Authority for consideration and approval. Such approved measures must be implemented in full.

 

7.     Construction Environmental Management Plan (CEMP: Biodiversity)

No development shall take place (including demolition, ground works, vegetation clearance and movement of plant, machinery, and materials) until a Construction Environmental Management Plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall be based on the recommendations in the Ecological Appraisal (RPS, June 2022 - but as relevant to the amended development area on the revised site layout plan 1146 - WHALEY 004 REV A) and shall include the following:

 

a)        Risk assessment of potentially damaging construction activities.

 

b)        Identification of “biodiversity protection zones”.

 

c)        Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction and cable laying to habitats and protected species, including trees, hedgerows, badger, bats, brown hare, nesting birds and herpetofauna.

 

d)        The location and timing of sensitive works to avoid harm to biodiversity features.

 

e)        The times during construction when specialist ecologists need to be present on site to oversee works.

 

f)         Responsible persons and lines of communication.

 

g)        The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

 

h)        Use of protective fences, exclusion barriers and warning signs.

 

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

 

8.     LBEMP

A Landscape and Biodiversity Enhancement and Management Plan (LBEMP) shall be submitted to, and be approved in writing by, the LPA prior to the commencement of the development. The aim of the LBEMP is to enhance and sympathetically manage the biodiversity value of onsite habitats, in accordance with the proposals set out in the submitted Biodiversity Metric (RPS 21/11/22 - but as relevant to the amended development area on the revised site layout plan 1146 - WHALEY 004 REV A) and to achieve no less than a +230.83 % net gain (subject to amendment for revised site area). The LBEMP shall combine both the ecology and landscape disciplines and shall

be suitable to provide to the management body responsible for the site. It shall include the following:-

 

a)              Description and location of features to be retained, created, enhanced, and managed, as per the approved biodiversity metric.

 

b)              Aims and objectives of management, in line with desired habitat conditions detailed in the metric.

 

c)              Appropriate management methods and practices to achieve aims and objectives.

 

d)              Prescriptions for management actions.

 

e)              Preparation of a work schedule (including a 40-year work plan capable of being rolled forward in perpetuity).

 

f)                Details of the body or organization responsible for implementation of the plan.

 

g)              A monitoring schedule to assess the success of the habitat creation and enhancement measures at intervals of 1, 2, 3, 4, 5, 7, 10, 15, 20, 25, 30, 35 and 40 years.

 

h)              A set of remedial measures to be applied if conservation aims and objectives of the plan are not being met.

 

i)                Details of habitat enhancements for wildlife, including bat and bird boxes.

 

j)                A clear plan of fencing gaps for badger and brown hare.

 

k)              A clear plan of skylark plots and mitigation measures.

 

l)                Requirement for a statement of compliance upon completion of initial planting and enhancement works.

 

The LBEMP 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(ies) responsible for its delivery. The approved plan must be implemented in accordance with the approved details.

 

9.     Archaeology

a)        No development shall take place until a Written Scheme of Investigation for archaeological work has been submitted to and approved by the local planning authority in writing, and until any pre-start element of the approved scheme has been completed to the written satisfaction of the local planning authority. The scheme shall include an assessment of significance and research questions; and

 

1) The programme and methodology of site investigation and recording

 

2) The programme for post investigation assessment

 

3) Provision to be made for analysis of the site investigation and recording

 

4) Provision to be made for publication and dissemination of the analysis and records of the site investigation

 

5) Provision to be made for archive deposition of the analysis and records of the site investigation

 

6) Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of investigation.

 

b)        No development shall take place other than in accordance with the archaeological Written Scheme of Investigation approved under condition (a).

 

c)         The development shall not be brought into use until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the archaeological Written Scheme of Investigation approved under condition (a) and the provision to be made for analysis, publication and dissemination of results and archive deposition has been secured.

 

10.  Glint and Glare

Prior to the commencement of development, a Glint and Glare Assessment shall be undertaken by an appropriately qualified/experienced person, to assess the impacts of solar glint and glare on the amenity of nearby dwellings and on aircraft, and shall have been submitted to the local planning authority for consideration and approval. The assessment shall include any mitigation measures necessary to deal with any unacceptable adverse impacts identified. Any mitigation measures included in the approved assessment shall be implemented prior to installation of the relevant arrays and shall thereafter be maintained.

 

11.  Construction Management Plan (Amenity)

Prior to the start of construction, a construction management plan must have been submitted to and approved in writing by the Local Planning Authority. This must address:-

 

·       Noise, dust, and vibration management (with appropriate mitigation measures and monitoring regime;

 

·       Working hours for noise generating activities;

 

 

·       Locations of any stockpiles, storage compounds, unloading areas and areas for parking of site operatives;

 

·       Method of prevention of debris being carried onto highway including wheel wash facility.

 

The approved plan must then be implemented throughout the construction of the development.

 

12.  Construction Working Hours

For the duration of the construction and decommissioning periods, noise generating construction and deconstruction activities and deliveries received at or despatched from the site, shall only occur between the hours of 0800- and 1800-hours Monday to Friday, 0800- and 1330-hours on Saturday and not at all on Sundays and Bank Holidays other than with the prior written approval of the local planning authority.

 

13.  Drainage Conditions

1. No development shall take place until a detailed design and associated management and maintenance plan of the surface water drainage for the site, in accordance with the principles outlined within:

 

a. RPS, Revised FRA and Sustainable Drainage Strategy, ref: HLEF82417, ver-3, 27- March 2023 and including any subsequent amendments or updates to those documents as approved by the Flood Risk Management Team.

 

b. And DEFRA’s Non-statutory technical standards for sustainable drainage systems (March 2015), have been submitted to and approved in writing by the Local Planning Authority.

 

2. No development shall take place until a detailed assessment has been provided to and approved in writing by the Local Planning Authority, to demonstrate that the proposed destination for surface water accords with the drainage hierarchy as set out in paragraph 80 reference ID: 7-080-20150323 of the planning practice guidance.

 

3. Prior to commencement of the development, the applicant shall submit for approval to the LPA details indicating how additional surface water run-off from the site will be avoided during the construction phase. The applicant may be required to provide collection, balancing and/or settlement systems for these flows. The approved system shall be operating to the satisfaction of the LPA, before the commencement of any works, which would lead to increased surface water run-off from site during the construction phase.

 

4. Prior to the commencement of the development, a soil management plan must be submitted to and approved by the Local Planning Authority. Soil infiltration rates can vary widely depending on ground conditions such as soil compaction and ground cover. A soil management plan must demonstrate how damage to soil horizons and ground cover will be mitigated and remediated during and after construction and for future decommissioning.

 

5. Before the development is brought into use, a verification report, carried out by a qualified drainage engineer, must be submitted to and approved by the Local Planning Authority. This must demonstrate that the drainage system has been constructed as per the agreed scheme (or detail any minor variations), provide the details of any management company, and state the national grid reference of any key drainage elements (surface water attenuation devices/areas, flow restriction devices and outfalls).

 

14.  Highways

The development hereby approved shall not be brought into use until the site access, access track, parking and turning facilities have been provided, all as shown on the approved drawings contained within the Transport Assessment and the Construction Traffic Management Plan.

 

15.  Construction Traffic

All construction traffic shall use the agreed route 1 option identified in the Construction Traffic Management Plan and Transport Assessment and all measures identified within the Construction Traffic Management Plan to mitigate the impact of construction traffic on the highway network shall be implemented. Written records must kept to evidence compliance with the Construction Traffic Management Plan which must be made available to the Local Planning Authority on request.

 

16.  External Materials

Unless a dark green external finish is proposed, prior to their provision on site, the details of the external colour(s) of all buildings including the inverter/transformer stations, substation, string combiner boxes and any storage units and other any ancillary equipment, shall be submitted to and approved in writing by the Local Planning Authority. The approved detail shall be implemented and maintained.

 

17.  CCTV and Security

Fully details of the CCTV cameras and security measures for the site shall have been submitted to and approved in writing by the Local Planning Authority before the solar farm is brought into use. Thereafter the approved security measures shall be implemented. The CCTV security cameras to be used on site must be infra-red cameras as proposed and there must be no standard lighting within the site at night-time unless an exception to this has been approved in writing by the local planning authority and fully justified by details of luminance and fields of illumination.

 

18.  Screen Planting

Before the development is brought into use, the screen planting shown on the approved site layout plan 1146-WHALEY-004 Rev A, shall have been implemented and shall be maintained thereafter for the life of the development.

 

19.  Cabling

All cabling (with the exception of that connecting between solar arrays) shall be installed underground.

 

20.  Noise Mitigation

Prior to the commencement of development, a scheme of noise mitigation measures to deal with noise from the inverters, must have been submitted to and approved in writing by the Local Planning Authority in consultation with the Environmental Health Officer. The approved mitigation measures must be implemented and maintained whilst the solar farm is operational.

 

Equalities Statement

 

Section 149 of the Equality Act 2010 places a statutory duty on public authorities in the exercise of their functions to have due regard to the need to eliminate discrimination and advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it (i.e., “the Public Sector Equality Duty”).

 

In this case, there is no evidence to suggest that the development proposals would have any direct or indirect negative impacts on any person with a protected characteristic or any group of people with a shared protected characteristic.

 

Human Rights Statement

 

The specific Articles of the European Commission on Human Rights (‘the ECHR’)

relevant to planning include Article 6 (Right to a fair and public trial within a reasonable time), Article 8 (Right to respect for private and family life, home, and correspondence), Article 14 (Prohibition of discrimination) and Article 1 of Protocol 1 (Right to peaceful enjoyment of possessions and protection of property).

 

It is considered that assessing the effects that a proposal will have on individuals and

weighing these against the wider public interest in determining whether development should be allowed to proceed is an inherent part of the decision-making process. In carrying out this ‘balancing exercise’ in the above report, officers are satisfied that the potential for these proposals to affect any individual’s (or any group of individuals’) human rights has been addressed proportionately and in accordance with the requirements of the ECHR.

 

 

Councillor Justin Gilbody left the meeting.