Agenda item

15/05656/FUL - Brook Hall Farm, Wood Road, North Bradley

Minutes:

The Senior Planning Officer outlined the report that recommended that the

application be approved with conditions.

 

Mr Chris Bale, the applicant spoke in support of the application.

 

Cllr Francis Morland of Heywood Parish Council and Mr Evans spoke in objection to the application.

 

Cllr Jerry Wickham spoke as the local member.

 

Issues discussed in the course of the presentation and debate included: noting that the whole size of the development had been significantly scaled down in response to initial concerns raised; identifying the need to have a written update on solar developments in West Wiltshire and a request for the information to be circulated among members. A query was raised about the use of diesel generators on solar developments and whether this was allowed. A view of the full landscape of the area was discussed with comment on the relevant impact on the surrounding area and how the quality of the soil was very poor to support any feasible agricultural development.

 

Cllr Jonathon Seed moved that planning permission be granted subject to an amendment to condition 3 to insert the same term as used in condition 2 ‘the installation hereby approved’ and to add to condition 4 the requirement for the development to be in accordance with paragraph 3.8 of the Design and access statement BHF/RPT/001 and this was duly seconded by Cllr Trevor Carbin.

 

Reference was made to previously circulated details of solar schemes for which planning permission had been granted. The Chairman requested that an update be circulated to members of the Committee indicating those schemes which had built or proceeded with.

           

On being put to the vote, it was

 

 

Resolved

 

To grant permission 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 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 land reinstated within 25 years and six months of the date that the solar farm starts feeding electricity into the grid, in accordance with a scheme for the decommissioning and restoration of the development which shall have been submitted to and approved in writing by the Local Planning Authority 6 months prior to decommissioning. 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

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 the installation hereby approved 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.

4

The development hereby permitted as well as all associated development shall be carried out in accordance with the following approved plans:

Plan EDP H3: received on 5 November 2015;

BH00104-00-000 REV R06 received on 1 October 2015

BH00104-15-001 REV R03 received on 1 October 2015

BH00104-16-001 REV R02 received on 25 June 2015 insofar as the plan relates to additional hedge planting only; and

Read in conjunction with details for Mounting Arrangements, Inverter and Transformer Housing, SSE Substation, Cable Trench Arrangements and Security Cameras as contained in the document "Equipment Appearance and Technical Details" and Paragraph 3.8 of the "Design and Access" Statement BHF/RPT/001 received on 9 June 2015.

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

 

5

The development hereby approved shall be carried out in accordance with the Construction and Traffic Management Plan Ref. BHF/RPT/011dated May 2015 and details of the signage scheme proposed in Paragraph 4.2 of that document shall be submitted for approval to the Local Planning Authority prior to the commencement of development, including the delivery of any materials to the site.

REASON: In the interests of highway safety and amenity.

6

No construction or demolition work shall take place on Sundays or Public Holidays or outside the hours of 0730 - 1800 Monday to Fridays and 0800 - 1300 on Saturdays.

REASON: In the interests of amenity.

7

The development hereby approved shall be carried out in accordance with the recommendations made in section 5 of the Ecological Appraisal and Mitigation Strategy report dated April 2015 prepared by AD Ecology Ltd, including the implementation of defined working areas, as already submitted with the planning application and agreed in principle with the local planning authority before determination.

REASON: To ensure adequate protection and mitigation for protected species / priority species / priority habitats through the implementation of detailed mitigation measures that were prepared and submitted with the application before determination.

 

8

Prior to any site preparation works or the commencement of development, an amended Habitat Management Plan shall be prepared and submitted to the local planning authority for approval to include the location of badger access points through the perimeter security fence and the management of the ecological mitigation area in field F3. The development site shall be managed and maintained in accordance with the measures set out in the approved plan in perpetuity unless otherwise agreed in writing with the local planning authority.

REASON: To ensure the appropriate management of priority habitats and mitigation for protected species.

 

9

Prior to any site preparation works or the commencement of development, a Landscape Strategy shall be prepared and submitted to the local planning authority for approval, including, but not necessarily limited to, the following:

- an extension to the new hedgerow from field F2, around the badger exclusion area to link up with the section of new hedgerow in field F5 (with a gap for the internal access track)

- a native, locally characteristic species-rich hedgerow planting specification (minimum of 6 woody species)

- an ecological enhancement plan for field F3 (habitat creation details)

wildflower seed mix and farmland bird crop mix details

- preparation and establishment methodology for wildflower meadows and farmland bird crop areas

All newly created habitats shall comprise native species of British origin and local provenance. The approved Landscape Strategy 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 (if necessary). 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 the proper implementation of a landscape strategy, in the interests of biodiversity.

 

10

Other than the development and use hereby approved 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 between the times of completion of development and commencement of decommissioning.

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

 

11

No external lighting shall be provided or installed within the site other than in accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority.

REASON: To minimise the effects of light pollution on the surrounding area

 

12

INFORMATIVES: Drainage: In relation to Council drainage by laws and the Land Drainage Act (LDC) and works on/over/to or within 8m of the top of non-main river watercourses (including outfalls) will require formal LDC consent which is totally separate process to planning. As part of the LDC there will be a requirement of no structure (including panels) to be sited within the 8m margin - this would have an impact on the submitted planning site layout

Any works within 8m of Main River will require similar approval from the Environment Agency.

The applicant should note that under the terms of the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010 (as amended) it is an offence to disturb or harm any protected species, or to damage or disturb their habitat or resting 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 visit the following websites for more information:

http://www.wiltshire.gov.uk/planninganddevelopment/biodiversityanddevelopment.htm

https://www.gov.uk/protected-species-and-sites-how-to-review-planning-proposals

The Protection of Badgers Act 1992 protects badgers from cruel ill-treatment, including damage or destruction of their setts, or disturbance whilst a sett is in occupation. This Act makes it illegal to carry out work that may disturb badgers without a Natural England licence. Particular care should be taken when clearing ground prior to development, and if evidence of badger activity is found, (such as foraging routes, snuffle holes, latrines or established setts), then work must stop immediately while a professional ecologist is contacted for advice. Applicants are advised to pay particular attention to foundation ditches, which can be hazardous to badgers. Sloping boards or steps should be provided to allow badgers to escape from such ditches should they become trapped. Failure to consider this matter, leading to the death of individuals, may leave the developer liable for prosecution. Further information about badgers and licensing can be found at https://www.gov.uk/badgers-protection-surveys-and-licences

Pollution Prevention During Construction: 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. The applicant should refer to the Environment Agency's Pollution Prevention Guidelines

The applicant is advised to contact National Grid (plantprotection@nationalgrid.com or +44 (0)800 688588) prior to the commencement of development with regard to protection of infrastructure.

 

 

 

Supporting documents: