Agenda item

Isobel Hollands (Agent) spoke in support of the application.

 

Roy Gurney (Broughton Gifford Parish Council) spoke in objection of the application.

 

The Area Development Manager outlined the report which recommended the application for approval subject to conditions. The site description and an overview of the proposed development were also given. The site would essentially consist of a solar photovoltaic park over approximately 30.5 hectares.

 

The Area Development Manager outlined the relevant planning policy drawing particular attention to: The West Wiltshire District Plan – 1^st Alternation 2004 - C34: Renewable Energy, C1: Countryside Protection, C6a: Landscape Features.

 

Four letters of objection had been received and five letters in support which had been outlined in the report.

 

The Area Development manager drew attention to the relevant planning

considerations wand drew particular attention to the impact on the landscape of the open countryside.

 

Members were invited to ask technical questions about the site. The questions focused on the decommissioning of the site and the views of Melksham Without and Broughton Gifford Parish Councils..

 

Members of the public were invited to speak on the application as listed above.

 

Cllr Chivers as local member opened the debate noting the site visit had been a worthwhile exercise and that the conditions were important for the protection of the local community. A question was asked if a condition could be imposed to protect the hedges within the site. It was agreed that a suitably worded condition could be imposed.  

A motion was proposed to approve the application, with the addition of an extra condition relating to management of the hedgerows and it was;

 

Resolved

 

That Planning Permission be APPROVED subject to the following conditions:

 

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.

 

The development hereby approved shall be discontinued and the land restored to its former condition on or before 01June 2039 in accordance with a Decommissioning Plan to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of decommissioning; unless before that date planning permission has been sought and granted for the retention of these structures for an extended period of time.

 

REASON: In the interests of amenity and the circumstances of the use.

 

In the event that the development ceases to be operational for the generation of energy before the end of the period defined in condition 2 then all associated development on, under or above the application site shall be removed from the site and the land returned to its former condition in accordance  a Decommissioning Plan to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of decommissioning, and within six months of the cessation of the generation of energy from the site.

 

REASON: In the interests of amenity and the circumstances of the use.

 

No development shall commence on site (including any works of demolition), until a Construction Method Statement, which shall include the following:

a) the parking of vehicles of site operatives and visitors;

b) loading and unloading of plant and materials;

c) storage of plant and materials used in constructing the development;

d) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

e) wheel washing facilities;

f) measures to control the emission of dust and dirt during construction;

g) a scheme for recycling/disposing of waste resulting from any demolition and construction works;

h) measures for the protection of the natural environment; and

i) hours of construction, including deliveries

has been submitted to, and approved in writing by, the Local Planning Authority. 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 construction method statement without the prior written permission of the Local Planning Authority.

 

REASON: In the interests of highway safety and amenity.

 

No ground-raising shall take place within areas defined as flood zones 2 and 3 on the Environment Agency's flood map.

 

REASON: To maintain the integrity and proper functioning of the flood plain, in order to prevent an increase in flood risk.

 

The boundary fences shall be erected in accordance with the approved plan H.0635-05-E and in advance of any other construction works commencing, and no construction or operational works shall extend into the wildlife buffer strips/ areas either directly or indirectly.

 

REASON: In the interests of the protection of wildlife.

 

Prior to the commencement of works a Supplementary Ecological Mitigation, Enhancement and Management Plan shall be submitted for planning authority approval. The Plan shall provide detailed drawings and proposals for the following:

 

- Restoration of "Pond 1" and enhancement of "Pond 2";

- Reinstatement of land beneath the solar panels;

- Sowing mixes for buffer strips / areas;

- Restoration and management for each section of hedgerow within the application boundary;

- Bat and bird boxes; and

- Great crested newt hibernacula.

 

The works shall be implemented in accordance with the approved Supplementary Ecological Mitigation, Enhancement and Management Plan within 1 year of permission being granted. Any trees, hedges or plants forming part of a planting scheme 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: In the interests of the protection of Protected Species and the promotion of biodiversity.

 

Development shall not commence prior to the submission and approval in writing by the LPA of fence design details which, notwithstanding drawing H.0365_17-A, shall be of will be post-and-wire design to approximately 2.4m in height. The fencing shall be erected in terms of the approved details.

 

REASON: In the interest of amenity and the appearance of the site.

 

The scheme shall be delivered in accordance with the Confidential Badger Appendix (Avian Ecology, 2013), Ecological Mitigation Enhancement and Management Plan (Avian Ecology 05/03/14) and the Great Crested Newt Conservation Strategy (Avian Ecology 19/03/14) except where measures are revised by conditions 6 and 7 above. All mitigation and enhancement works will be completed within 1 year of permission being granted.

 

REASON: In the interests of the protection of Protected Species and the promotion of biodiversity.

 

Removal of hedgerows and ground preparation shall be undertaken only during the period 1st September to 28th February unless, if done outside this period, preceded by a survey by a professional ecologist and then only undertaken in accordance with the ecologist's written advice. 

 

REASON: In the interests of nature conservation.

 

A survey of habitat condition measured against the Ecological Mitigation, Enhancement and Management Plan (Avian Ecology 05/03/14) and the Supplementary Ecological Mitigation, Enhancement and Management Plan shall be undertaken by a professional ecologist during the period May to August and submitted for Local Planning Authority Approval in the first, third and fifth years after the site first becomes operational. Where monitoring identifies non-compliance, remedial measures shall be identified, implemented and reported through a subsequently agreed monitoring survey.

 

REASON: In the interests of the protection of Protected Species and the promotion of biodiversity.

 

Any decommissioning plan submitted in accordance with Conditions 2 and 3 shall include an ecological assessment and mitigation report for approval by the planning authority. The site will only be decommissioned in accordance with the approved mitigation report.

 

REASON: In the interests of the protection of Protected Species and the promotion of biodiversity.

 

No external lighting shall be installed on site until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage have been submitted to and approved in writing by the Local Planning Authority. The lighting approved shall be installed and shall be maintained in accordance with the approved details and removed in accordance with conditions 2 and 3 above.

 

REASON: In the interests of the amenities of the area and to minimise unnecessary light spillage above and outside the development.

 

No development shall take place within 8m of the top of bank of any river or ditch at any time during the development.

 

REASON: To ensure that flood risk is not increased and to protect the biodiversity value of the watercourses.

 

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.

 

The development hereby permitted shall not be first brought into use until the  existing furniture serving footpaths BGIF33 and BGIF34 where they intersect site boundaries is upgraded to a minimum standard of kissing gate in accordance with details which shall be submitted to and approved in writing by the local Planning Authority.

 

REASON: In the interests of amenity and public safety.

 

The development hereby permitted shall be carried out in accordance with the details shown on the hereby approved plans:

 

H.0365_01-C received on 09 December 2013;

H.0365_05-E received on 10 April 2014;

H.0365_12-A received on 09 December 2013;

H.0365_13-A received on 09 December 2013;

H.0365_14-A (1 of 2) received on 09 December 2013;

H.0365_14-A (2 of 2) received on 09 December 2013;

H.0365_15-A received on 09 December 2013; and

H.0365_16-A received on 09 December 2013.

 

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

 

During the construction phase no machinery shall be operated, no process shall be carried out and no delivery shall be taken or dispatched from the site outside of the following hours; Mon-Fri 07:30 to 18:00, Saturday 08:00 to 13:00 nor anytime on Sundays or public holiday.

 

REASON: In order to protect local amenity.

 

Before development is commenced, a scheme for the management of the hedgerows within the site, including those on the site perimeters shall be submitted to and approved in writing by the local planning authority. The scheme shall provide for the hedgerows to grow to a minimum of 3 metres and to be thereafter retained at no less than this height for the duration of the operation of the solar farm.

 

REASON: To help screen the development from nearby vantage points and public rights of way, in the interests of ameliorating the visual impact of the development.

 

INFORMATIVES:

 

a. There are ordinary watercourses within or in close proximity to the site. If any obstruction to flow in the watercourse (permanently or temporarily, including culverting) is likely, prior Land Drainage Consent from Wiltshire Council (as the Lead Local Flood Authority) will be required.

 

b. Fencing used near watercourses could act as an obstruction to flow (thus increasing flood risk), therefore it is important to ensure that fencing design remains permeable to flood waters.

 

c. In seeking to discharge any surface water drainage condition, the following considerations should be borne in mind: - In the absence of any specific guidance on how to assess run-off from solar developments, a range of methods and scenarios to calculate run-off rates (and thus, attenuation volumes) should be investigated. The introduction of impermeable areas within the development should be minimized wherever possible –all access tracks should be permeable. - Attenuation volumes should be agreed based on the above investigation and taking into account site specific circumstances. - Any drainage scheme should be supported by percolation / soakaway tests on site. - Management of the land, including grass seeding and planting (in line with proposals set out in the FRA) should be considered and confirmed. - Measures to offer betterment on existing surface water rates and volumes to reduce flood risk elsewhere should be considered given the scale of the development.

 

d. Safeguards should be implemented during the construction phase to minimise the risks of pollution from the development. Such safeguards should cover: - the use of plant and machinery - oils/chemicals and materials - the use and routing of heavy plant and vehicles - the location and form of work and storage areas and compounds - the control and removal of spoil and wastes All works must be undertaken in accordance with the Environment Agency's Pollution Prevention Guidelines which can be viewed at the following link: http://www.environment-agency.gov.uk/business/topics/pollution/39083.aspx. In the event of a pollution incident, the site operator must contact the Environment Agency immediately by calling 0800 80 70 60.

 

e. Use of road planning’s (tarmac scalpings) for track construction requires a Use of Waste in Construction exemption (U1) under the Environmental Permitting (England and Wales) Regulations 2010. It allows the use of suitable wastes for small scale construction but does not allow treatment of wastes to be carried out unless covered by a different exemption.