Agenda item

Public Participation:

Angus MacDonald, applicant, spoke in support of the application.

Cllr Francis Morland, Heywood Parish Council, spoke in objection to the application.

 

The Area Team Leader outlined the report which recommended the application be granted planning permission. Key considerations for the Committee were noted as being; the archaeological and ecological impact, the impact on Heywood House and the White Horse as a heritage asset, the impact on rural surroundings and any potential flood risk posed by the application. 

 

Members of the Committee were then given the opportunity to ask technical questions of the officer. This included a question from Cllr Carbin regarding safeguarding the bypass route in the application, following the planning inspectorate previous refusal of the plans. It was confirmed that this adopted policy had been carried over to the emerging core strategy.

 

The Committee questioned the diversion for the rights of way through the sites and if they would be kept open. It was confirmed that the plans included mitigating strategies to keep both rights of way access’ through the site, open. A question was then asked regarding noise from the transformers that would be installed on the site and questioned what impact this would have on footpath users. It was confirmed that the noise of the transformers would not be audible from the path, and that this had been tested and confirmed at the Marsh Farm site. A question was then asked regarding the load factor of the panels to be used at the site. The Area Team Leader was unable to respond to the question. The Applicant confirmed in his submission to the Committee (below) that the panels had a load factor of around 15%. Cllr Newbury questioned the officer recommended condition 11, and it was confirmed that it was the same condition included on the Marsh Farm application. Members questioned the ability for the site to be used in a dual capacity and questioned the allocated size for the bypass on the site. The Area Development Manager confirmed that the allocated space for the bypass was sufficient and that the plans for the site to used for grazing sheep was legitimately feasible.

 

Members of the public were then given the opportunity to present their views to the Committee, as detailed above.

 

Members then entered into debate where a discussion was held regarding the discussions between Westbury Town and Heywood Parish Council, and the developer.

 

It was;

 

Resolved:

 

To GRANT planning permission for the applications 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 solar installation hereby granted shall be removed from the site, together with all supporting/associated infrastructure including the inverter stations, CCTV thermal imaging equipment, poles and DNO switch gear, and the land shall be restored to a condition suitable for agricultural use within 6 months of the PV modules ceasing to be used for the generation of renewable energy, or the expiry of 25 years after the date of this planning permission, whichever is the sooner.

 

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

         

3.     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/developer to the Local Planning Authority at least 6 months prior to the removal of the PV modules and associated infrastructure.

 

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

 

4.     No development hereby granted shall commence until:

 

a) A written programme of archaeological mitigation and investigation, which should include on-site work and off-site work including analysis, publishing and archiving of the results, has been submitted to and approved in writing 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 preservation and recording of any matters of archaeological interest.

 

5.     No development hereby granted shall commence until a detailed surface water run-off limitation scheme together with supporting calculations, in accordance with the strategy set out in the Flood Risk Assessment (H20K, Ref: J-4119.5-FM, dated 12 October 2012), has been submitted to and approved in writing by the Local Planning Authority. The submitted details shall clarify the intended future ownership and maintenance for all drainage works serving the site. The approved scheme shall be implemented and maintained in accordance with the approved programme and details.

 

REASON: To prevent any increased risk of surface water flooding by ensuring the satisfactory storage of/disposal of surface water from the site.

 

6.     No development hereby granted shall commence until a glint and glare assessment has been submitted to and approved in writing by the Local Planning Authority, in consultation with Network Rail.  The assessment shall calculate the visual impact and potential glare from the development on train drivers on the east/west line to the south of the development site.  The assessment shall cover the stretch of this rail line 274 metres either side of the signal that lies at the rail line junction to the west of the A350. No development shall take place other than in accordance with the details contained in the approved glint and glare assessment.

 

REASON: To ensure that the development does not cause any demonstrable glint/glare nuisance to the adjacent railway users.

 

7.     No development hereby granted shall commence until the developer has submitted details of improvements of the existing site access on the A350 Westbury Road for the written approval by the local planning authority, and widen the access in accordance with the approved details. Such details shall include vehicle swept path analysis to demonstrate that two 15.4 metre long articulated delivery lorries, can pass in the access bell mouth area, and nearby access track.

 

          REASON: In the interests of highway safety.

 

8.     No development hereby granted shall commence until the applicant/developer has submitted for the written approval by the local planning authority a construction traffic management plan (CTMP), and shall undertake the construction of the site in accordance with the approved details. The CTMP shall include, amongst other things, details of numbers, types and timing of delivery lorries to the site, the procedures in place to ensure that lorry wheels are free of mud before returning to the highway, local signing to aid movement of lorries arriving at the site entrance, details of the site management co-ordinator who will ensure compliance with the CTMP, how users of public rights of way on and near the site and site access shall be protected during the works, and details of how construction workers traffic and lorry traffic shall be accommodated on the site.

 

REASON: To ensure that construction traffic associated with the site does not give rise to unacceptable conditions on the local highway network.

 

9.     No development hereby granted shall commence until a landscape management plan has been submitted for the written approval of the Council which shall cover tree, hedge and root protection measures, the on-site management of the existing hedgerows (which shall be allowed to develop to a minimum 2.5 m winter height), as well as producing exact tree and hedgerow planting details (including location, species and spacing) and a timetabled programme for the infill and all proposed new planting and its on-going management and monitoring which shall cover the lifetime of the development.

 

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

 

10.The landscaping proposals hereby approved and as indicated on plan drawing no. 2421_100 Rev F shall be carried out in the first planting and seeding season following the completion of the development. All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees, hedgerow or plants which, within the period of twenty 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. All hard landscaping shall also be carried out in accordance with the approved details or in accordance with a programme to be agreed in writing with the Local Planning Authority.

 

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

         

11.The defined public rights of way shall both be kept free from obstruction during and after the construction period.

 

REASON: In order to protect and safeguard the public's right to use the public right of ways

         

12.No permission is hereby given for any external lighting/illumination at or on the site.

 

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

 

         

13.No development hereby granted shall commence until:

 

a) An ecological management plan detailing the construction methods, site management and monitoring has been submitted for the written approval of the Council;

         

b) Confirmation of the seeding mixes that shall be used and the area over which each mix shall be sown;

         

c) Confirmation of access points to allow badgers and other mammals to enter areas enclosed by fencing;

         

d) Confirmation of the annual management of the land, including the grassland, hedgerows and trees; and

         

e) The plan should directly accord with the ecological recommendations contained within the submitted survey statements.  Therefore the development shall be implemented in accordance with approved details.

 

REASON: In the interests of safeguarding ecological and biodiversity interests.

 

         

14.A survey of habitat condition measured against the Ecology Management Plan and Site Layout Drawing shall be undertaken by a professional ecologist during the period of June to August and submitted for the Local Planning Authority's written approval in the first, third and fifth years after the site first becomes operational. Where monitoring identifies any non-compliance, remedial measures shall be identified, implemented and reported on through a subsequent agreed monitoring survey.

 

REASON: In the interests of safeguarding ecological and biodiversity interests.

 

         

15.Any removal of hedgerow and/or ground preparation shall be undertaken during the period of 1st September to 28th February. If done outside this period, any such works shall be preceded by a survey produced by a professional ecologist and be only undertaken in accordance with the ecologist's advice and following the written approval by the local planning authority.

 

REASON: In the interests of safeguarding ecological and biodiversity interests.

 

16.The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans:

 

          Site Location Plan - received 19.09.2013

          Site Block Plan - received 19.09.2013

Development Master Plan - Drawing No 2421_100_Rev F - received 19.09.2013

Planning Layout and Water Pipe Easement Plan - Drawing No 1021-0201-26 received 21.10.2013

Construction Traffic Route Plan - Drawing no 1021-0201-05 Rev 02 - received 19.09.2013

Typical Panel Elevation Plan - Drawing No 2421-400 - received 19.09.2013

          Panel Brochure Detail - received 19.09.2013

Standard Inverter Station Detail Plan - Drawing No 1000-0000-00 Issue 01- received 19.09.2013

Security Fencing Detail Plan - Drawing No 1000-0000-00 Issue 01 -  received 19.09.2013

Fence and Hedge Setting Out Detail - Figure 16 - received 19.09.2013

CCTV Dimensions Plan - Drawing no 1000-0000-00 Issue 01 - received 13.11.2012

GRP Sub-Station Enclosure Plan - Drawing LCS-EGC-002 - received 13.11.2012

          Site Section Plan - Drawing 2421_300 Rev B - received 13.11.2013

 

REASON: To ensure that the development is carried out in accordance with the approved plans that has been judged to be acceptable by the local planning authority.

 

Informative(s):

 

1.     The developer/applicant is advised that Network Rail must be consulted on any alterations to ground levels. No excavations should be carried out near railway embankments, retaining walls or bridges. 

 

No work should be carried out on the development site that may endanger the safe operation of the railway or the stability of Network Rail's structures and adjoining land. In view of the close proximity of these proposed works to the railway boundary the developer should contact Richard Selwood at Network Rail on AssetProtectionWestern@networkrail.co.uk before works begin.

 

In addition, the developer should duly note that the following lists identify Permitted Trees and those which are not permitted to be planting/grown adjacent to railway boundaries:

 

Permitted: Birch (Betula), Crab Apple (Malus Sylvestris), Field Maple (Acer Campestre), Bird Cherry (Prunus Padus), Wild Pear (Pyrs Communis), Fir Trees - Pines (Pinus), Hawthorne (Cretaegus), Mountain Ash, Whitebeams (Sorbus), False Acacia (Robinia), Willow Shrubs (Shrubby Salix), Thuja Plicatat "Zebrina"

 

Not Permitted: Alder (Alnus Glutinosa), Aspen - Popular (Populus), Beech (Fagus Sylvatica), Wild Cherry (Prunus Avium), Hornbeam (Carpinus Betulus), Small-leaved Lime (Tilia Cordata), Oak (Quercus), Willows (Salix Willow), Sycamore - Norway Maple (Acer), Horse Chestnut (Aesculus Hippocastanum), Sweet Chestnut (Castanea Sativa), London Plane (Platanus Hispanica).

 

Any scaffold which is to be constructed adjacent to the railway must be erected in such a manner that at no time will any poles or cranes over-sailor fall onto the railway. All plant and scaffolding must be positioned, that in the event of failure, it will not fall on to Network Rail land.

 

2.     There must be no interruption to the existing surface water and/or land drainage arrangements of the surrounding land as a result of the operations on the site; and provisions must be made to ensure that all existing drainage systems continue to operate effectively. 

 

3.     The applicant/developer is further advised to enter into more discussions with Wessex Water to agree, should it be so required, mitigation measures to accommodate any construction easement across part of the site to allow for infrastructure improvements undertaken by the statutory undertaker.

 

4.     In the interest of positive local relations, the applicant/developer is advised to continue discussions with Westbury Town Council and Heywood Parish Council regarding potential monetary contributions.