Agenda item

Public Participation

 

Jennifer Epworth spoke in objection to the application.

Melinda Simmonds spoke in objection to the application.

Linda Buckley spoke in objection to the application.

 

Chris Jowett spoke in support to the application.

Richard Jowett spoke in support to the application.

Angus MacDonald spoke in support to the application.

 

Chris Chelu (Coombe Bissett and Homington Parish Councillor) spoke in objection to the application.

 

The Planning Officer presented his report to the Committee which recommended that permission be granted subject to conditions. In particular the Planning Officer stated the following:

 

“The Committee will recall that in October last year it refused an application for a solar farm at this site.  The reason for refusal related to the adverse impact of the solar farm on views to and from the nearby AONB.

 

That earlier application was for a solar farm across four fields totalling some 30 ha in area.  The current proposal is for a smaller solar farm covering approximately 10 ha across just over two fields.  The reduced area means that the proposed solar farm has lesser overall dimensions than before, avoids panels on the slightly steeper slopes facing the AONB, and is sited slightly further away from the AONB.  As a consequence it is not considered that the proposal now has a detrimental impact on the AONB.

 

The fields in question are currently used for agricultural purposes or are fallow.  This time the application is accompanied by an Agricultural Land Quality Assessment which reveals the soils at the site are Grade 3a.  Grades 1, 2 and 3a are at the higher end of the quality range, being ‘excellent’, ‘very good’ and ‘good’ respectively, and together they are considered to be ‘the best and most versatile’.  Below these are grades 3b which is ‘moderate’, 4 which is ‘poor’ and 5 which is ‘very poor’.

 

The relevant extracts from the NPPF and NPPG regarding use of the best and most versatile land were read out to members The NPPF states that .....

 

“Local planning authorities should take into account the economic and other benefits of the best and most versatile land

 

.... and ....

 

When significant development..... is demonstrated to be necessary, local planning authorities should seek to use poorer quality in preference to that of higher quality”

 

It was explained that in relation to solar farms the PPG specifically requires consideration to be given to whether the proposed use of agricultural land has been shown to be necessary or whether poorer quality land has been considered in preference; and whether the proposal allows for continued agricultural use and/or encourages biodiversity improvements around arrays.

 

To address these ‘tests’ members were told that the application provides evidence demonstrating that approximately 86% of all land within the solar farm search area of some 1,963 ha is either grade 2 or grade 3.  Grade 4 land covers about 6% of the search area, but none is suitable for a solar farm because of constraints such as the AONB, SSSI’s and flood zones.  There is no grade 1 land in the search area, and there is no suitable grade 5 land.

 

Of the grade 3 land, It was explained that the application identified about 321 ha in the search area as being potentially suitable for a solar farm having regard to all other constraints.  The application concludes that although some of this land may potentially be Grade 3B it is neither feasible nor practical to sample it all. 

 

It was confirmed that the practicalities of sampling is a material consideration, and this, when considered with other considerations– namely, the limited visual impact of the proposed development, the biodiversity improvement, and the continued agricultural use of the site in any event – the officer’s view was that the applicant had demonstrated that this site was appropriate for development. 

 

The objectives of the proposed Farm Strategy Programme (appended to the report) were referred to, this investment was considered by officers to further ‘tip the balance’ in favour of the proposal. 

 

Overall, in view of the increased livestock grazing under the solar arrays, the temporary nature of the solar farm, the offer of the Farm Strategy Plan, and the acceptability of the proposal in all other respects, it was considered by officers that development of grade 3a farmland in this instance had been demonstrated to be acceptable.

 

Members of the Committee then had the opportunity to ask technical questions of the officer. The use of agricultural land for solar farms and the relevant guidance was discussed. The quality of soil in the vicinity of this site was raised.

 

An item of late correspondence was circulated at the meeting.

 

The Local Member, Cllr Julian Johnson, spoke in opposition to the application. Cllr Johnson pointed to the strong opposition of local people against the development and raised concerns about the potential impact on the land. Cllr Johnson declared that he did know the applicant but took an objective view of the application. 

 

Members discussed the long-term impact that this development would have on the land. The need for renewable energy was discussed. Members raised the reduction of scale from the previous application that came to a prior Committee. The planting of hedges to reduce the visual impact of the development was raised by Members. The ability to revert the land back to its previous use was also stated. Members debated in regards to land grading and the suitability of the installation of a solar farm. The potential impact of the development on the AONB was raised. The applicant’s work on addressing the Committee’s previous refusal reasons was discussed.

 

The potential benefit of resting the land was stated, as well as the benefit of not using chemicals that could have been used for agricultural purposes. Concern was raised at the potential for setting a precedent should this be approved. Members raised concern that no guidance was available in relation to the quantity of panels required in the area and wider Wiltshire. Members debated the suitability of the land. The role of government subsidies was also discussed.

 

Cllr Ian West, Cllr Richard Clewer and Cllr Richard Britton all wished their vote against approval to be recorded.

 

Resolved:

To delegate authority to the Area Development Manager (South) to grant planning permission on expiry of the current outstanding public consultation exercise, this subject to no further representations being received raising new issues which he considers would require further consideration by the planning committee and subject to the following conditions.

 

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

 

REASON:  To comply with the provisions 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:

no. 1020-0200-05 Iss 03 dated 10/07/14

no. 1020-0201-01 Iss16 dated 11/12/14

no. 2658_200_Rev F dated 08/01/15

no. 1020-0208-71 Iss 02 dated 07/04/14

no. 1020-0208-50 Iss 02 dated 07/07/14

no. 1020-0208-10 Iss 01 dated 11/07/14

no. 1020-0207-13 Iss 02 dated 07/07/14

no. 1020-0206-09 Iss 02 dated 07/07/14

no. 1020-0205-01 Iss 02 dated 07/07/14

no. 1020-0204-00 Iss 02 dated 07/07/14

no. 1020-0201-20 Iss 01 dated 09/07/14

 

REASON:  For the avoidance of doubt and in the interests of proper planning.

3          The solar installation and all related on-site built infrastructure (including inverter stations, CCTV cameras and poles, switch gear, access tracks, security fences, etc.) hereby granted shall be removed and the land restored to a condition suitable for agricultural use within 6 months of the PV panels ceasing to be used for the generation of renewable energy, or the expiry of 25 years after the date of first connection of any element of the solar farm to the National Grid, whichever is the sooner.

 

REASON: In the interests of amenity and the timely restoration of the land.

4          An aftercare scheme detailing the steps that are necessary to restore the land following cessation of the solar installation use shall be submitted by the applicant and/or owner to the Local Planning Authority at least 6 months prior to the removal of the PV panels and associated infrastructure.

 

REASON: To ensure the satisfactory restoration of the site for agriculture.

5          No development shall commence within the footprint of the approved development until:

a)            A written programme of archaeological investigation, which should include on-site work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved by the Local Planning Authority; and

b)            The approved programme of archaeological work has been carried out in accordance with the approved details.

 

REASON:  To enable the recording of any matters of archaeological interest.

6          Before construction works commence, a Construction Management Plan shall be submitted to and approved in writing by the Local planning Authority.  The Plan shall provide the following:

 

A plan showing the position of all features which will be protected during the construction phase

Details of measures to avoid spills of oils and other chemicals

Details of measures to store and remove construction waste

Details of measures to protect trees and hedgerows during construction

Procedures to avoid harm and disturbance to nesting birds

Procedures to avoid harm and disturbance to badgers

Procedures to avoid harm to reptiles where risks are considered to be moderate / high

 

REASON: To prevent pollution and harm to wildlife during construction.

 

7          No development shall commence on site (including any works of demolition), until a Construction Method Statement has been submitted to and approved in writing by the local planning authority.  The Statement shall provide details of the following:

 

A plan showing areas for the parking of vehicles of site operatives and visitors a plan showing areas for loading and unloading of plant and materials a plan showing areas for storage of plant and materials used in constructing the development details of wheel washing facilities

details of measures to control the emission of dust and dirt during construction a scheme for recycling/disposing of waste resulting from demolition and construction works details of the programme for construction and removal of the temporary compounds required during construction details of the method of pile driving where this is to take place within 200m of any dwellinghouse.

 

The approved Statement shall be adhered to throughout the construction period.  The development shall not be carried out otherwise than in accordance with the approved Statement unless first further agreed in writing with the Local Planning Authority.

 

REASON: To minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

 

8          Before construction works commence a Landscape and Ecology Management Plan shall be submitted to the Local Planning Authority for approval in writing.  The plan shall cover the first ten year period after construction and then be reviewed and rolled forward until the end of the temporary planning permission period.  As a minimum, the Plan will set out:

 

Details of the current baseline condition of every 100m length of hedge in terms of its height, width and position of gaps

Objectives of grassland, hedgerow and tree management

Details of proposed hedgerow and tree planting and grassland seeding

Details of the regime of grassland, hedgerow and tree management to meet the Objectives

 

Details of design and locations of 10 bat boxes and 10 bird boxes

Safeguards that will be taken to avoid soil erosion and compaction

The Plan shall be implemented as approved.

 

REASON:  To safeguard wildlife interests.

 

9          Works involving the removal of hedgerows and/or ground preparation shall be carried out during the period 1st September to 28th February.  In the event that it becomes necessary to carry out such works outside of this period, then the works will be preceded by a survey by a professional ecologist, and then only undertaken in accordance with the ecologist's written advice.

 

REASON: To safeguard wildlife interests.

 

10        All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first connection of any solar array to the national grid or the completion of the development, whichever is the sooner;  All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority.

 

REASON:  To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

11        With the exception of sensor controlled security lights, there shall be no external lighting/illumination at or on the site unless otherwise approved by the local planning authority following the submission of a separate planning application.   

 

REASON: To ensure the creation/retention of an environment free from intrusive levels of lighting and to protect the open countryside.

 

12        No development shall commence until a scheme to limit surface water flows from the development during the construction and operational phases has been submitted to, and agreed in writing by, the local planning authority.  The development shall be implemented and maintained in accordance with the details of the approved scheme.

 

REASON:  To ensure that flood risk is not increased.

 

13        No later than 6 months after the date any part of the solar farm hereby approved first becomes operational the applicant or operator and the landowner shall implement the ‘Proposed Measures’ set out in the Farm Strategy Programme accompanying the planning application.  A written record of the Programme’s implementation shall be kept by the applicant or operator and landowner, and shall be made available to the local planning authority at any reasonable time at its request.

 

REASON:  To maintain and/or enhance the productivity of the farm having regard to its soil quality.  

 

14        No construction works or deliveries / collections associated with construction shall take place outside the hours of 7 am to 6 pm Mondays to Fridays and the hours of 8 am to 1 pm on Saturdays.  There shall be no construction or deliveries / collections associated with construction carried out at any time on Sundays and Bank or Public Holidays.

 

REASON:   To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.