Agenda item

13/02191/FUL - Spittleborough Farm, Swindon Road, Lydiard Tregoze, Royal Wootton Bassett SN4 8ET

Minutes:

Public participation

 

Kate Covill and Peter Gantlett spoke in support of the application

 

Cllr Peter Willis (Lydiard Tregoze Parish Council) spoke in objection to the application.

 

The officer introduced the application which recommended that planning permission be granted subject to conditions.

 

He explained that proposed site was agricultural land beside the M4. Under the proposal, solar panels would be grouped in lines and will be 2.5 meters high. The panels would not cover the pipeline running through the site, and two areas of archaeological interest would be left clear. Footpaths running through the site would not be diverted as part of the scheme. The site has good access to the national grid due to close power lines. The proposal included a condition that following 25 years, or cessation of use, the site would be returned to agricultural land. He noted that Highways Agency raised no objection to the development which would include planting on the boundary to screen the M4.

 

The officer drew attention to the late observations which stated that condition 12 in the original proposal was no longer required.

 

The Committee then had the opportunity to ask technical questions and it was confirmed that the Highways Department were satisfied with how the panels would be fixed and Sustrans opinion had been sought

 

Members of the public then addressed the committee as detailed above.

 

The local member, Cllr Groom then addressed the Committee, explaining that the reasons for call-in had been mitigated where possible.

 

In the debate that followed, the Committee noted their support for and the need to encourage green energy sources.

 

Resolved:

 

To GRANT planning permission subject to 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 Local Planning Authority shall be notified in writing within one month of the event that the solar array hereby approved has started to feed electricity to the Grid. The installation hereby approved shall be permanently removed from the site and the surface reinstated within 25 years and six months of the date of notification and the local planning authority shall be notified in writing of that removal within one month of the event.

                                    

REASON: In the interests of amenity and the finite operation of this type of development.

 

3)     The development hereby permitted shall be carried out in accordance with the following approved plans and documents:

 

Drawing Nos:

SH-P-001 Rev 00 1:25000 Location Plan                     

SH-P-002 Rev 00 1:5000 Existing site                                     

SH-P-002 Rev 01 1:2500 Existing site                                     

SH-P-003 Rev 00 1:5000 Proposed site plan                     

SH-P-004 Rev 00 1:5000 Existing topography                   

SH-P-007 Rev 00 1:1000 Long section North to South      

OR-001 Rev 10 1:50 Solar Mounting & modules twin pile  

OR-002 Rev 10 1:50 Perimeter security deer fencing        

OR-003 Rev 10 1:100 Combined DNO & EPC Switchgear Housing

OR-004 Rev 10 1:50 Typical site fence & maintenance details

OR-005 Rev 10 Site welfare & storage/office facilities        

OR-006 Rev 10 1:25 Site security and MET monitoring      

OR-007 Rev 10 1:100 Inverter housing (Type: Central)       .

OR-008 Rev 10 1:50 Site storage                                        

3001 Rev A Conceptual Suds Layout 1 of 2                        

3002 Rev A Conceptual Suds Layout 2 of 2

 

Documents: 

                                      

Planning Statement                                                                             

The Proposal

Design & Access Statement                                                                                         

Landscape & Visual Impact Assessment                                               

Heritage Desk-Based Assessment                                                       

Notes/Plan for Glint & Glare Analysis                                                   

Extended Phase 1 Habitat Survey                                                         

Great Crested Newt Survey Report                                                       

Statement of Community Involvement                                                   

Access Appraisal                                                                                   

Agricultural Assessment                                                   

All above dated 11th July 2013 

 

Revised and additional information:    

                                                                

2No colour photos of the site as viewed from and near the M4                    31st July 2013

Revised SH-P-004 Rev 02 1:1500 Existing Topography                  

24th September 2013

Revised SH-P-005 Rev 02 1:1000 Topographic Survey Sections    

24th September 2013

Additional Noise Report                                                                     

27th September 2013                      

Revised Flood Risk Assessment incorporating sustainable drainage system

                                                                                                               

11th October 2013      

Additional Ecological and Land Management Plan                                 

23rd October 2013

Amended Construction Management Plan                                             

24th October 2013

Additional ITB9046-SK-004 Construction Access Visibility                     

24th October 2013

Additional ITB9046-SK-005 Temporary construction access low loader visibility

                                                                                                                 

24th October 2013

Additional SH-P-111 Rev 00 Access Compound & Visibility                   

29th October 2013

Additional Proposed Connection Arrangement                                        

29th October 2013

Additional copy of letter from Scottish & Southern Energy agreeing to Point of Connection for proposed solar park including 1:10000 drawing of connection                  29th October 2013                                                             

Revised Landscape Strategy                                                                   

 13th November 2013

Revised SH-P-003 Rev 12 1:2500 Proposed site plan                            

18th November 2013

 Additional Dwg No: OR-101 Rev 00 Cross Section through Access roads Dated 27th November 2013

Additional Dwg No: SH-P-202 Rev 00 Proposed temporary protection of archaeology

Dated 28th November 2013

Additional Tree Report Dated 27th November 2013

         

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

 

4)     Within six months of the commencement on site, a scheme for the Decommissioning and Restoration of the development shall have been submitted to and approved by the Local Planning Authority, the details of which shall include how the land will be restored back to fully agricultural use upon the development no longer being in operation or upon the expiry date of 25 years and six months of from the date of this planning permission whichever is sooner. The Decommissioning and Restoration scheme of this development shall be carried out in accordance with the scheme so agreed.

 

REASON: To ensure upon the development no longer being in use, the complete removal of all development allowed under this permission and the restoration of the land to its former condition.

 

5)     The proposal shall be carried out in accordance with the ’Construction Traffic Management Plan’ Dated October 2013 (attached).  If there are any departures from the plan, departures will need to be agreed in writing by the LPA prior to actions or works being carried out on site.  Deliveries or vehicular movements with HGVs are prohibited before 10am and after 3.30pm (i.e. HGV deliveries only between 10am-3.30pm).  This is to avoid the peak hour traffic conditions on the A3102 in this location.  The construction traffic access route shall be via roundabout west of the site on A3102 and shall result in left turn in only movements.

 

REASON:  In the interests of Highway safety.

 

6)     No development shall commence on site until full construction details of both access points for both the construction phase (in accordance with drawing ‘Construction Access Visibility ITB9046-SK-004 dated 18.10.13) and operation phase has been submitted and approved in writing by the LPA.  The access points shall be properly consolidated and surfaced (not loose stone or gravel) for a minimum of the first 10m.  A scheme for discharge of surface water from both sites (including surface water from access) and piping of the ditches shall be provided.  The development shall not be first commenced until the access has been constructed in accordance with the approved details.  The access shall be maintained as such thereafter. 

 

REASON:  To ensure that the development can be adequately drained.  

 

7)     No part of the development shall commence until the parking area (temporary construction compound), passing bay, turning area and wheel washing facilities, shown on the Access, Compound and Visibility SH-P-111 dated 10.10.13 and Proposed Site Plan SH-P-003 11 (dated 30.10.13) have been constructed and laid out in accordance with the approved details.  This area shall be maintained and remain available for this use at all times thereafter.

 

 REASON: To ensure that adequate provision is made for parking within the site in the     interests of highway safety.

 

8)     No development shall commence on site until visibility splays have been provided at both access points and have been provided between the edge of the carriageway and a line extending from a point 2.4 metres back from the edge of the carriageway, measured along the centre line of the access, to the points on the edge of the carriageway 215 metres either side of the entrance from the centre of the access.   Such splays shall thereafter be permanently maintained free from obstruction to vision above a height of 1m above the level of the adjacent carriageway. (In accordance with drawing ‘Construction Access Visibility ITB9046-SK-004 dated 18.10.13)

 

REASON: In the interests of highway safety.

 

9)     A condition survey of the highway network relating to the access routes to the site shall be carried prior to the commencement of the works, the survey shall be carried out by the applicant in conjunction with the highway authority, in compliance with Section 59 of the Highways Act, to ensure that as a result of the proposal the existing condition of the highway network is maintained.  If as a result of the construction phase damage to the highway network has been identified, within 3 months of the identification the damage, the works shall be remedied. 

 

REASON:  In the interests of maintaining the existing condition of the highway network.

 

10) No materials, goods, plant, machinery, equipment, finished or unfinished products/parts of any description, skips, crates, containers, waste or any other item whatsoever shall be placed, stacked, deposited or stored outside any building on the site.

 

REASON:  In the interests of the appearance of the site and the amenities of the area.

 

11) There shall be no external lighting (outside the construction phase) of any kind erected on the site unless otherwise agreed in writing in the form of a separate planning permission in that regard.

 

REASON: In the interests of visual amenity in the open countryside.

 

12) Prior to commencement of the development an Ecological Monitoring and Management Plan shall be submitted to and approved in Prior to the commencement of the development, a Construction Environmental Management writing by the Local Planning Authority. The plans shall include the following elements:

 

·         Maintain the root protection area around the existing and proposed trees to be planted in accordance with the Landscape Strategy received 13.11.2013.

·         Fill in hedgerows ‘gappy’ hedgerows with native species and maintain a buffer zone of 5m around hedgerows

·         Establishment of the native tree planting as shown on submitted Landscape Strategy

·         Create at least one replacement pond within the site to create a new wetland habitat

·         Maintain a minimum of a 5m buffer for all watercourses and maintain management to prevent encroachment and maintain/enlarge open sections. Avoid damage to water vole populations/burrows/habitats by preventing screening vegetation on the southern or both banks of the watercourses.

·         Sow appropriate and species rich seed mixes for over-wintering birds  

·         Submit pre-commencement habitat manipulation details so as to prevent damage reptile populations and loss of supporting habitats

·         Features to be installed for the benefits of protected/BAP fauna

 

        The development shall be carried out in accordance with the agreed Construction Environmental Management Plan and all elements of the approved plan shall be implemented unless otherwise agreed in writing by the Local Planning Authority. 

 

REASON:  To protect and enhance the biodiversity across the site.

 

13) Prior to the commencement of the development an Ecological Monitoring and Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include the following elements:

 

·         Management of existing and proposed trees

·         Management of hedgerows at a height no less than 3m high

·         Management of retained/restored/created grassland

·         Features to be installed for the benefits of protected/BAP fauna   

·         Ecological Monitoring to inform future management at the site.  

   

     The development shall be carried out in accordance with the agreed Construction Environmental Management Plan and all elements of the approved plan shall be implemented unless otherwise agreed in writing by the Local Planning Authority. 

 

  REASON: To protect and enhance the biodiversity across the site.

 

14) All soft landscaping compromised in the approved details and strategy of the Landscape Strategy and Mitigation Proposals received on 13.11.2013 shall be carried out in the first planting and seeding season following the completion of the development whichever is 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. All landscaping shall be carried out in accordance with the approved details prior to the completion of the solar park 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.

 

15) No demolition, site clearance or development shall commence on site, and; no equipment, machinery or materials shall be brought on to site for the purpose of development, until a Tree Protection Plan showing the exact position of each existing and proposed trees and their protective fencing in accordance with British Standard 5837: 2012: “Trees in Relation to Design, Demolition and Construction -Recommendations”; has been submitted to and approved in writing by the Local Planning Authority, and;

 

The protective fencing shall be erected in accordance with the approved details. The protective fencing shall remain in place for the entire development phase and until all equipment, machinery and surplus materials have been removed from the site. Such fencing shall not be removed or breached during construction operations.

 

No retained tree/s shall be cut down, uprooted or destroyed, nor shall any retained tree/s be topped or lopped other than in accordance with the approved plans and particulars. Any topping or lopping approval shall be carried out in accordance British Standard 3998: 2010 “Tree Work – Recommendations” or arboricultural techniques where it can be demonstrated to be in the interest of good arboricultural practise.

 

If any retained tree is removed, uprooted, destroyed or dies, another tree shall be planted at the same place, at a size and species and planted at such time, that must be agreed in writing with the Local Planning Authority.

 

No fires shall be lit within 15 metres of the furthest extent of the canopy of any retained trees or hedgerows or adjoining land and no concrete, oil, cement, bitumen or other chemicals shall be mixed or stored within 10 metres of the trunk of any tree or group of trees to be retained on the site or adjoining land.

[In this condition “retained tree” means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs above shall have effect until the expiration of five years from the first occupation or the completion of the development, whichever is the later].

 

REASON: To enable the Local Planning Authority to ensure the retention of trees on the site in the interests of visual amenity.

 

16) No development approved by this permission shall be commenced until a detailed surface water run-off limitation scheme, together with supporting calculations has been submitted to and approved in writing by the local planning authority . The submitted details shall clarify the intended future ownership and maintenance of 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 associated with the installation of the solar farm development.

 

CONDITION NOTE: It is recommended that the developer investigates and specifies appropriate Sustainable Drainage Systems (SuDs) for surface water management on the site, in order to prevent the possibility of the rate of run-off exceeding the existing greenfield rate and to reduce any pollution risks associated with potential soil erosion during/immediately after construction. These techniques involve controlling any sources of increased surface water and include:

 

a)   Interception and reuse; b) Porous paving/surfaces; c) Infiltration techniques; d) Detention/attenuation and e) Wetlands.

 

INFORMATIVES

 

1)     The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence.

 

If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

 

2)     The applicant should note that there may be badger setts in the vicinity of the site, and as a consequence compliance with certain requirements and provisions of the Badgers Act 1991 may be necessary. If this is the case the applicant is advised to contact Natural England who is responsible for issuing licences relating to development on the site of badger setts.

 

3)     The applicant should note that under the terms of the Wildlife and Countryside Act (1981) and the Habitats Regulations (2010) it is an offence to disturb or harm any protected species, or to damage or disturb their habitat or roosting place.  Please note that this consent does not override the statutory protection afforded to any such species.  In the event that your proposals could potentially affect a protected species you should seek the advice of a suitably qualified and experienced ecologist and consider the need for a licence from Natural England prior to commencing works.  Please see Natural England’s website for further information on protected species.

 

4)     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. Provisions must be made to ensure that all existing drainage systems continue to operate effectively.

 

 

Supporting documents: