Agenda item

Installation of a ground mounted solar array and associated works.

Public Participation

Mr Dan Roycroft (Agent) spoke in support of the application

Ms Emily Lodge (Applicant) spoke in support of the application

Cllr Hugh Collins of Sutton Mandeville Parish Council spoke in objection to the application

 

The Senior Planning Officer, Becky Jones, introduced a report which recommended that the application for Installation of a ground mounted solar array and associated works be approved, subject to conditions.

 

Key details in the report included the principle of development Scale, design and impact on the National Landscape, settings of heritage assets, rights of way, impact on neighbouring amenity, ecology, protected species and biodiversity net gain. During the presentation, the local RoW and the view from the proposed location of the solar panels to the surrounding dwellings were set out.

 

Ther Officer noted an amendment to paragraph 168 of the published report, in relation to the recently update NPPF, in terms of the significant weight that could be given to all forms of renewable energy.

 

Members of the committee then had the opportunity to ask technical questions of the officer. Details were sought on whether any consideration had been given during previous planning application requests associated with the swimming pool, for the need of additional buildings.

 

The need for the 90-panel solar array was questioned, where it was clarified that the proposed solar array was now required to address the heating requirements of the pool and the house.

 

The Board noted that in addition to the changes to the NPPF as updated by the Officer during the presentation, the National Landscapes document (AONB) also carried great weight and that all would need careful consideration.

 

The Officer further clarified that the Council’s Conservation Officer had been to the site and walked the footpaths, and the Renewable Energy Officer, Rights of Way (ROW) Officer and the National Landscapes partnership had no objections to the proposed scheme.

 

The Conservation Officer had provided helpful comments and the impact on listed buildings had been deemed as neutral.

 

The Officer noted that there was a potential diversion of one of the footpaths (SMAN13), however, that would be a separate matter to planning.

 

Members of the public then had the opportunity to present their views to the committee as detailed above.

 

The unitary division member, councillor Nabil Najjar then spoke on the application, noting that he called it to committee due to the high levels of concern from local parish council and neighbours, the visual impact upon the surrounding area and the design, bulk, height, general appearance.

 

Thanks were given to the Officer for conducting a thorough evaluation of the application and to the engagement of all in the process.

 

Cllr Najjar noted that he would not present a strong view either way, however as there had been a number of historic concerns regarding the site, he felt that it was important for both parties to have the opportunity to participate in the process.

 

Cllr Najjar noted the degree of community objection from residents and the parish council regarding the setting and size of the proposed array, which would be visible from the neighbours dwelling and a public RoW.

 

The delivery of valuable renewable energy in a rural setting was also noted.

 

Councillor Wayman moved the motion of refusal, against Officer recommendation, siting the reasons as being harmful to the National Landscape area (AONB) due to being highly visible in the surrounding area.

 

This was seconded by Councillor Richard Budden.

 

A debate followed where issues members noted the balance between the delivery of renewable energy over possible overdevelopment in the National Landscape area (AONB).

 

At the close of debate, the Committee voted on the motion of refusal for the reasons stated.

 

The motion failed.

 

Councillor Brian Dalton then moved a new motion of Approval in line with Officer recommendation.

 

This was seconded by Councillor Ricky Rogers.

 

Without further debate, the Committee voted on the motion of Approval.

 

It was;

 

Resolved

 

That planning permission for PL/2024/03227 be Approved, with 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 and documents:

Existing site plan ref 23/782/E003 Rev D Dated Nov 2023

Site Location Plan ref 23/782/E001 Rev B Dated Nov 2023

Proposed Site Plan (with additional screen planting and ASHPs removed) ref 23/782 P003 Rev F dated Nov 2023

Proposed Solar Panel Details ref 23/782/P101 Rev A Dated Nov 2023

Proposed Plant Store for Solar Array ref 23/782/P100 dated Nov 2023

Proposed Visibility Sections ref 10156/07/2023 dated July 2023

Planning Statement dated March 2024

Preliminary Ecological Assessment by Ecosupport dated 27th March 2024

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

 

3. The inverters and batteries for the solar panels hereby approved shall at all times be enclosed within the Plant Store building, which shall be maintained for this purpose for the lifetime of the development, in accordance with plan ref 23/782/P100 dated Nov 2023

Reason: To minimise noise disturbance in the interests of neighbouring amenities.

 

4. The solar panels hereby approved shall not be installed and no removal of any trees or shrubs shall take place until full details of a Wildlife Protection and Enhancement Scheme have been submitted to and approved in writing by the local planning authority. The details shall include:

i) Measures that will be taken to avoid harm to wildlife, including timing of works to avoid nesting birds and reptiles, and pre-commencement checks for protected species including badger.

ii) Quantification of biodiversity net gain provision including a plan showing the location(s) and type(s) of feature(s) to enhance the site for biodiversity (such as swift or bat boxes or designing lighting to encourage wildlife).

iii) Measures to control lighting during construction

iv) Measures to ensure no negative impacts on the quality of any water courses or bodies v) Measures to control dust during construction

The development shall be carried out in accordance with the agreed WPES

REASON: To avoid adverse impacts on biodiversity and to secure biodiversity enhancements.

 

5. The existing trees and hedges shown on the Existing Site Plan ref 23/782/E003 Rev D shall be retained and protected with an enclosure/fencing during any excavation works and installation of the solar panels. The hedgerow/ tree root protection areas (RPAs) shall be included and buffered accordingly.

The existing bund shall be maintained as part of the development, thereafter for the lifetime of the development and in accordance with the plans hereby approved.

The development, including the additional planting scheme for the site and bund, shall be carried out in strict accordance with the planting schedule (including readyhedge / instanthedge or equivalent) on the following documents:

• Site Location Plan ref 23/782/E001 Rev B Dated Nov 2023

Any new trees shall be standards, in accordance with the schedule.

Reason: To avoid direct damage to hedgerow, shrubs and trees, through the compaction and disturbance of root protection zones which could cause deterioration of individual trees or shrubs. To protect potential habitat for bats. To ensure that the height of the screen planting on the bund is sufficient in height and density to adequately screen the development. For the protection, mitigation and enhancement of biodiversity and the character of the National Landscape.

 

6. All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) 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 ten 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.

 

7. The solar panels hereby approved shall be installed in accordance with the proposed site section ref Proposed Visibility Sections ref 10156/07/2023 dated July 2023. The height of the panels above ground level shall not exceed 0.43 metres at an angle of 30 degrees.

Reason: In the interests of the landscape amenity of the National Landscape and the visual amenity of the settings of heritage assets.

 

8. No new artificial external light fixture or fitting will be installed within the application site or on the building until details of existing and proposed new lighting have been submitted to and approved by the Local Planning Authority in writing. The submitted details will demonstrate how the proposed lighting will impact on bat habitat compared to the existing situation. The plans will be in accordance with the appropriate Environmental Zone standard (E0 for the National Landscape) as set out by the Institution of Lighting Professionals (ILP) Guidance Notes on the Avoidance of Obtrusive Light (GN 01/2021) and Guidance note GN08/23 “Bats and artificial lighting at night”, issued by the Bat Conservation Trust and Institution of Lighting Professionals.

REASON: To avoid illumination of habitat used by bats and to protect the International Dark Skies Reserve in the National Landscape. To protect the character of the area in the interest of the settings of heritage assets.

 

9. Notwithstanding the approved plans and materials schedule, the plant store building hereby approved shall not commence above slab level until the exact details and samples of the materials to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Materials shall be matt in finish and dark in colour. Development shall be carried out in accordance with the approved details and maintained in that condition thereafter.

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development above slab level commences in order that the development is undertaken in an acceptable manner, in the interests of visual amenity and the character and appearance of the National Landscape.

 

10. Upon cessation of the use of the solar panel array, the site shall be decommissioned, the plant store shall be removed and the site shall be restored to its former agricultural use.

Reason: To ensure that the site is restored to its former agricultural use after the use ceases. In the interests of landscape amenity and biodiversity. 

 

Informatives:

 

Rights of Way

The applicant has applied to divert public footpath SMAN13 between the field boundary and the proposed solar array. They should ensure that there is a minimum width of 3 metres available between the existing fence and the hedge around the solar array which must be maintained at all times.

 

Nesting Birds

The adults, young, eggs and nests of all species of birds are protected by the Wildlife and Countryside Act 1981 (as amended) while they are breeding.

Please be advised that works should not take place that will harm nesting birds from March to August inclusive. All British birds, their nests and eggs are protected under Section 1 of the Wildlife and Countryside Act 1981 (as amended) and the Countryside and Rights of Way Act 2000 while birds are nesting, building nests and sitting on eggs. The applicant is advised to check any structure or vegetation capable of supporting breeding birds and delay removing or altering such features until after young birds have fledged. Damage to extensive areas that could contain nests/breeding birds should be undertaken outside the breeding season. This season is usually taken to be the period between 1st March and 31st August but some species are known to breed outside these limits.

 

Lighting

The habitat within the proposed development site and the surrounding area is suitable for roosting, foraging and commuting bats. An increase in artificial lux levels can deter bats which could result in roost abandonment and/or the severance of key foraging areas. This will likely result in a significant negative impact upon the health of bat populations across the region. Artificial light at night can have a substantial adverse effect on biodiversity. Any new lighting should be for the purposes for safe access and security and be in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Engineers in their publication GN01:2021, ‘Guidance for the Reduction of Obtrusive Light’ (ILP, 2021), and Guidance note GN08/23 “Bats and artificial lighting at night”, issued by the Bat Conservation Trust and Institution of Lighting Professionals.

 

Reptiles

There is a residual risk that reptiles could occur on the application site. These species are legally protected and planning permission does not provide a defence against prosecution. In order to minimise the risk of these species occurring on the site, the developer is advised to clear vegetation during the winter, remove all waste arising from such clearance and maintain vegetation as short as possible in line with the recommendations made in (insert details of ecological report). If these species are found during the works, the applicant is advised to stop work and follow advice from?an independent ecologist or the Council Landscape and Design Team (ecologyconsultations@wiltshire.gov.uk) Energy Efficiency The applicant is encouraged to consider measures in their home to reduce energy consumption through energy efficiency measures. This ensures the Energy Hierarchy is being supported.

 

Biodiversity

The applicant’s attention is draws to the advice and website links in the comments received from Natural England dated 4/11/24