Installation of a renewable led energy scheme comprising ground mounted photovoltaic solar arrays and battery-based electricity storage containers together with transformer stations; access; internal access track; landscaping; security fencing; security measures; access gate; and ancillary infrastructure.
Minutes:
Public Participation
Alexander Golesworthy spoke in objection to the application.
Mark Hawkesworth spoke in objection to the application.
Jacqui Erskine-Crum spoke in objection to the application.
Adam Withers, Applicant, spoke in support of the application.
Tim Kent spoke in support of the application.
John Thorne spoke in support of the application.
Michael Bromley Gardener, clerk, on behalf of Hankerton Parish Council, spoke in objection to the application.
The Development Management Team Leader, Lee Burman, presented a report which recommended that permission be granted for installation of a renewable led energy scheme comprising ground mounted photovoltaic solar arrays and battery-based electricity storage containers together with transformer stations; access; internal access track; landscaping; security fencing; security measures; access gate; and ancillary infrastructure.
The scale and details of the site were outlined, including the reduction in scale from the original application along with additional significant landscaping and assessments of impact. Key issues included the principle of the application, the impact upon the landscape and visual or residential amenity, impact on protected species and other environmental impacts. It was noted the recommendation was to condition permission to give consent for 40 years, with a decommissioning plan required to remove all panels at that time. Benefits of the application would include an increase in renewable energy generation, with associated benefits from carbon reduction.
Members of the Committee then had the opportunity to ask technical questions of the officers. Details were sought on the estimates of power generation, the council’s planning policies in respect of carbon reduction, and confirming that the applicants could require installations be removed earlier in the event the technology become outdated.
Members of the public then had the opportunity to present their views to the Committee, as detailed above.
A local Unitary Member, Councillor Chuck Berry, then spoke regarding the application. He referenced issues of energy security, a lack of council strategy in respect of major substations and the scale of installations in relatively few areas, and the views of local residents.
The local Unitary Member, Councillor Elizabeth Threlfall, then spoke regarding the application. She noted the scale of the proposed installation and its impacts and spoke in objection to the application.
The Committee then debated the application.
On the motion of Councillor Christopher Newbury, seconded by Councillor Pip Ridout, it was proposed that the application be deferred to allow for a site visit to take place. In support of the motion comments were made that given the significance of the installations it would be appropriate to be personally familiar with the site in order to assess its suitability with council policy. In opposition to the motion comments were received that sufficient information had been provided to assess and be familiar with the site. Comments were also made regarding potential fire risks and monitoring systems.
At the conclusion of debate the vote was lost.
A motion was then moved by Councillor Tony Trotman, seconded by Councillor Ernie Clark, to approve the application in accordance with the recommendation in the report. The benefits of a council strategy in relation to substations was raised, but noting that on policy as it currently stood the application was considered compliant. The mover and seconder also agreed to include a condition for the colouring of the battery storage containers to reduce the visual impact.
Other comments in debate included discussing the conditioned period of operation and if reducing this to 25 years instead of 40 would meet the legal tests for imposing conditions. Some comments were concerned about whether the production of solar panels would take place in China, although it was noted other countries did produce them.
At the conclusion of debate, it was,
Resolved:
Having taking into account the environmental information, to GRANT planning permission subject to the following conditions.
1. The development hereby permitted shall begin 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 CountryPlanning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.
2. The permission hereby granted shall be for a temporary period and shall expire 40 years from the date that electricity from the development is first exported to theelectricity distribution network (‘First Export Date’) or no later than 44 years from thedate of this decision, whichever is the soonest. Written confirmation of the FirstExport Date shall be provided to the LocalPlanning Authority no later than 1 calendarmonth after that First Export Date. Within 6 months of the date of expiry of thisplanning permission, or, if sooner, the cessation of the use of the solar panels forelectricity generation purposes for a continuous period of 6 months, the solar panelstogether with any supporting/associated infrastructure including the inverter stations,security equipment, poles and fencing shall be removed from the land and the landrestored to its former agricultural condition in accordance with a scheme of work tobe submitted to, and approved in writing by, the local planning authority. The schemeof work, including a restoration plan and a decommissioning scheme that takesaccount of a recent ecological survey, shall be submitted to the local planningauthority not less than six months before the removal of the installation.
REASON: In the interests of amenity and the circumstances of the use.
3. The development hereby permitted shall be carried out in accordance with the details
shown in the following approved plans, drawings and documents:
· Site Location Plan – P19-2270_01 Rev. B – 22 April 2020
· Minety PV Layout Rev. A – 19 August 2021
· Landscape Masterplan – P19-2270_13 Rev. J – 1 November 2021
· Construction Compound – 15 November 2021
· Typical PV Table Details Rev. A – 3 June 2021
· Typical Trench Sections Details Rev. A – 6 April 2020
· Typical Spares Container Details Rev. A – 6 April 2020
· Typical Battery Storage System Details 1 Rev. A – 6 April 2020
· Typical Battery Storage System Details 2 Rev. A – 6 April 2020
· Typical Customer Switchgear Details Rev. A – 6 April 2020
· Typical Inverter Substation Details Rev. A – 6 April 2020
· Typical Fence, Track & CCTV Details Rev. A – 6 April 2020
· Arboricultural Impact Assessment – 4 June 2021
· Noise Assessment for Planning – Acoustics Report A1579 R01 – 24 April 2020
REASON: For the avoidance of doubt and in the interests of proper planning.
4. No development shall commence, except ground investigations and remediation, until infiltration testing and soakaway design in accordance with Wiltshire Council’s Surface Water Soakaway Guidance have been undertaken to verify that soakaways will be suitable for the development. If the infiltration test results demonstrate that soakaways are not appropriate, an alternative method of surface water drainage, shall be submitted to and approved in writing by the Local Planning Authority and installed before the development is first brought into use.
REASON: To comply with Core Policy 67: Flood Risk of the Wiltshire Core Strategy (adopted January 2015) and to ensure that the development can be adequately drained without increasing flood risk to others.
5. No development shall commence on site until details of the drainage arrangements during the construction phase have been submitted to and approved in writing by the Local Planning Authority. The plan must make provision for the installation of attenuation storage prior to the installation of any upstream drainage infrastructure.
REASON: To comply with Core Policy 67: Flood Risk of the Wiltshire Core Strategy (adopted January 2015) and to ensure that the development can be adequately drained without increasing flood risk to others during the construction phase.
6. No development shall commence on site until a scheme for the discharge of surface water from the site/phase, including sustainable drainage systems and all third-party approvals, has been submitted to and approved in writing by the Local Planning Authority. Details should include swale design and operation for the lifetime of the development.
REASON: To comply with Core Policy 67: Flood Risk of the Wiltshire Core Strategy (adopted January 2015) and to ensure that the development can be adequately drained without increasing flood risk to others.
7. Notwithstanding the contents of the Construction Traffic Management Plan (April 2020) by Pegasus Group, no development shall commence on site (including any works of demolition), until a detailed Construction Traffic Management Plan (CTMP) has been submitted to and approved in writing by the local planning authority. Thereafter, the approved CTMP shall be implemented and adhered to throughout the entire construction period unless otherwise agreed in writing by the Local Planning Authority. The CTMP shall provide details as appropriate, including the following:
i.mitigation measures at the access points throughout construction;
ii.the signing and routing of all construction traffic with particular reference to HGVs and deliveries;
iii.the parking of vehicles of site operatives and visitors;
iv.the loading and unloading of plant and materials;
v.the storage of plant and materials used in constructing the development;
vi.the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;
vii.wheel washing facilities;
viii.measures to control the emission of dust and dirt during construction;
ix.a scheme for recycling/disposing of waste resulting from demolition and construction works;
x.measures for the protection of the natural environment;
xi.hours of construction, including deliveries; and
xii.details of public engagement both prior to and during construction works.
REASON: To protect the amenities of the occupiers of neighbouring residential properties, the amenities of the area in general, the natural environment, and in the interests of highway safety.
8. The development hereby permitted shall not commence until the western access has been constructed in accordance with the approved plans and the first 15 metres of the western access, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.
REASON: To ensure that the development is served by an adequate means of access in the interests of highway safety.
9. Any gates at the western access shall be set back 16 metres from the edge of the carriageway and such gates shall open inwards only.
REASON: In the interests of highway safety.
10. No development shall commence on site until visibility splays at the main access 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 42 metres to the west and 185 metres to the east from the centre of the access in accordance with the approved plans. Such splays shall thereafter be permanently maintained free from obstruction to vision above a height of 900mm above the level of the adjacent carriageway.
REASON: In the interests of highway safety.
11. No development shall commence on site until visibility splays at the western access 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 173 metres to the west and 200 metres to the east from the centre of the access in accordance with the approved plans. Such splays shall thereafter be permanently maintained free from obstruction to vision above a height of 900mm above the level of the adjacent carriageway.
REASON: In the interests of highway safety.
12. Prior to the commencement of works, including site clearance, vegetation clearance, boundary treatment works and ground works/excavation, a finalised Ecological Mitigation and Enhancement Plan (EMEP) shall be submitted to and approved in writing by the Local Planning Authority. The EMEP shall illustrate all existing ecological features together with avoidance and mitigation measures in relation to the scheme layout, and clear indication of those features and habitats to be retained. ‘No construction’ zones/buffer zones and root protection areas and associated distances/widths shall be illustrated on the EMEP and this should include, but not be limited to, the 20m buffer to be incorporated alongside the adjacent SSSIs and the buffer between the construction compound and nearby ecological features, including hedgerows, trees and ponds. The EMEP shall also illustrate all areas of habitat to be enhanced and areas of new habitat creation including wildflower meadows and areas of planting. Any ecological enhancement features such as bat roost boxes and bird nest boxes shall be illustrated on the plan.
The EMEP must also illustrate the proposed location of the perimeter fencing in relation to existing boundary features and habitats to be retained and there will be no encroachment upon these features and no construction or operational works shall extend into the adjacent buffers and access these areas will be restricted to that necessary for habitat maintenance purposes alone.
Development shall be undertaken in strict accordance with the approved EMEP unless otherwise agreed in writing by the Local Planning Authority.
REASON: To ensure adequate protection, mitigation and enhancement of biodiversity. Furthermore, the application contained inadequate detail to enable this matter to be wholly resolved prior to determination, and P19-2270_23 Biodiversity Mitigation and Enhancement Plan NOV 2021 submitted in support of the planning application was found to be lacking all the relevant details. Therefore, a finalised and suitably detailed and appropriate EMEP must be agreed with the Local Planning Authority before development commences to ensure compliance with legislation in respect of protected habitats and species, NPPF 2021, Core Policy 50 of the Wiltshire Core Strategy and best practice.
13. Prior to the commencement of works, including site clearance, vegetation clearance, boundary treatment works and ground works/excavation, a finalised Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP shall provide details of the avoidance, mitigation and protective measures to be implemented before and during the construction phase, including but not necessarily limited to, the following:
a. Details of all mitigation measures and identification of ecological protection areas/buffer zones and tree root protection areas as well as details and specification of physical means of protection, e.g. temporary fencing to demarcate buffer zones such as the zone of at least 15m in width between the construction compound and hedgerow and buffer zone of 20m between the site and adjacent SSSIs. Details of specific measures such as gaps in fencing to avoid causing harm to biodiversity features should also be stipulated. Measures should be illustrated on a plan (this could comprise the EMEP).
b. Details and timing of any update surveys required pre-commencement of works on site such as for badgers.
c. Precautionary working method statements, including the restrictions to the timing of such works, such as sensitive vegetation clearance method in respect of birds.
d. Mitigation strategies already agreed with the local planning authority prior to determination, such as for great crested newts and bats; this should comprise the pre-construction/construction related elements of strategies only.
e. Work schedules for activities with specific timing requirements in order to avoid/reduce potential harm to ecological receptors, and stipulation of work activities to be overseen by a licensed ecologist and/or ecological clerk of works (ECoW).
f. Key personnel, responsibilities and contact details (including Site Manager and ecologist/ECoW).
g. Schedule for compliance checks to be completed by a competent person(s), likely the ecologist/EcoW, prior to, during and post-completion of construction works.
h. A compliance report must be provided to the local planning authority within four weeks of the end of construction and the report shall include photographic evidence.
Development shall be carried out in strict accordance with the approved CEMPunless otherwise agreed in writing by the Local Planning Authority.
REASON: To ensure adequate protection and mitigation for ecological receptors prior to and during construction. In addition, the CEMP provided alongside the planning application did not include all the necessary details and therefore, a finalised CEMP must be approved by the Local Planning Authority before development commences to ensure compliance with legislation in respect of protected habitats and species, NPPF 2021, Core Policy 50 of the Wiltshire Core Strategy and best practice.
14. Within four weeks of the end of the construction phase a compliance report shall be submitted to the local planning authority. The report shall detail all works overseen by the ecologist/EcoW and all compliance checks undertaken by the aforementioned competent person prior to, during and post-completion of construction works. Associated dates of visits to site shall be stipulated in the compliance report and photographic evidence shall be provided.
REASON: To ensure works are undertaken in strict accordance with the approved EMEP and CEMP prior to and during construction, and that works are conducted in line with current best practice and are supervised by a suitably licensed and competent professional ecological consultant/ECoW where necessary.
15. Prior to the commencement of works, including site clearance, vegetation clearance, boundary treatment works and ground works/excavation, a Landscape and Ecological Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. The LEMP will include long term objectives and targets; a plan identifying retained and proposed habitat features; and management responsibilities and maintenance schedules for each ecological feature and habitat within the development. The LEMP shall also include a schedule for monitoring success of the management prescriptions, incorporating review and necessary adaptive management and remedial works in order to attain targets. The monitoring schedule shall stipulate the years after the commencement of operation that a monitoring report, to be prepared by an independent ecologist, shall be submitted to the Local Planning Authority. The LEMP will also cover the period of decommissioning at the end of the operational phase of the development.
The LEMP shall provide details of the legal and funding mechanism(s) by which long-term implementation of the plan will be secured. The development shall be undertaken and managed in accordance with the approved LEMP unless otherwise agreed in writing by the Local Planning Authority.
REASON: To ensure the implementation of appropriate long-term management of landscape and ecological features and habitats for the lifetime of the development. In addition, the LEMP provided alongside the planning application did not include all the necessary details and therefore, a finalised LEMP must be approved by the Local Planning Authority before development commences to ensure compliance with legislation, NPPF 2021, Core Policy 50 of the Wiltshire Core Strategy and best practice.
16. Prior to the commencement of works, including site clearance, vegetation clearance, boundary treatment works and ground works/excavation, an Ecological Monitoring Plan shall be submitted to and approved in writing by the Local Planning Authority. The plan should set out the monitoring scheme and should include the following:
· Commitment to undertake surveys immediately following construction completion to establish the baseline for future monitoring.
· Identification of the key features to be monitored and methodology to be used.
· Monitoring targets with specific measurable thresholds for success for each key feature with remediation measures incorporated where necessary.
· Commitment to continue monitoring for the operational lifetime of the installation in years 1, 3, 5, 10, 25 and 40, and a 5-year aftercare plan following completion of restoration.
· Commitment to prepare a report after each monitoring exercise, relating findings to those of previous years and the intended targets. The report will be submitted to the Local Planning Authority within 6 months of each monitoring visit.
REASON: To ensure the protection and enhancement of biodiversity.
17. No external artificial lighting shall be used or installed on site until lux contour plots/lighting contour plans for all proposed lighting have been submitted to and approved in writing by the Local Planning Authority. The plots/plans must demonstrate that bat habitat to be retained will be maintained as ‘dark corridors’. Details of mitigation measures that would be implemented where necessary, to minimise light spill shall also be provided. Lighting proposals shall be in accordance with the appropriate Environmental Zone standards set out by the Institution of Lighting Professionals in their Guidance Note GN01/21 ‘The Reduction of Obtrusive Light’and their Guidance Note GN08-18 ‘Bats and artificial lighting in the UK’, issued jointly with the Bat Conservation Trust.
Construction phase lighting shall be limited to two tower systems comprising 6 x 160W Multi-LED which are only to be used where necessary during the winter months and this is subject to the requirements of this condition having been met.
Lighting at the site shall be in strict accordance with the approved details and no additional external lighting shall be installed either during construction or operation unless otherwise agreed in writing by the Local Planning Authority.
REASON: To minimise light spill and to minimise potential for adverse effects on bats and other wildlife. In addition, insufficient information was provided alongside the planning application to allow this matter to be wholly resolved prior to determination. Therefore, further details to demonstrate that dark corridors will be achievable must be submitted to, and approved by, the Local Planning Authority before development commences to ensure compliance with legislation in respect of protected habitats and species, NPPF 2021, Core Policy 50 of the Wiltshire Core Strategy and best practice.
18. Prior to decommissioning, an ecological assessment and mitigation report shall be submitted to the Local Planning Authority for written approval. The site shall be decommissioned in strict accordance with the approved report.
REASON: To ensure adequate protection and mitigation for ecological receptors during the decommissioning phase and to ensure compliance with legislation in respect of protected habitats and species, planning policy and best practice.
19. No development shall commence on site and no equipment, machinery or materials shall be brought on to site for the purpose of development until tree protective fencing has been erected in accordance with the details set out in the Arboricultural Impact Assessment (June 2021) by Barton Hyett Associates.
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 practice.
If any retained tree is removed, uprooted, destroyed or dies, another tree shall be planted at the same place, of 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 operation 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.
20. All soft landscaping comprised in the approved details of landscaping, as shown on the Landscape Masterplan drawing no. P19-2270_13 Rev. J, shallbe carried out in the first planting and seeding season following the firstoperation of the development or the completion of the development whicheveris the sooner, or in accordance with a schedule and timetable to be agreed inwriting by the Local Planning Authority. All shrubs, trees and hedge plantingshall be maintained free from weeds and shall be protected from damage byvermin 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 inthe next planting season with others of a similar size and species, unlessotherwise agreed in writing by the Local Planning Authority.
REASON: To ensure a satisfactory landscaped setting for the development andthe protection of existing important landscape features.
21. In the event that contamination is encountered at any time when carrying out the approved development, the Local Planning Authority must be advised of the steps that will be taken by an appropriate contractor to deal with the contamination and provide a written remedial statement to be followed by a written verification report that confirms the works that have been undertaken to render the development suitable for use.
REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
22. There shall be no burning undertaken on site at any time.
REASON: To protect the amenities of the occupiers of neighbouring residential properties.
23. The noise rating level (BS4142:2014) of plant shall be no more than those specified in Table 13 of Ion Acoustics report A1579 during daytime (0700–2300hrs) at identified residential receptors and no more than a rating level of 20dB during night-time (2300-0700hrs) at any residential receptor.
REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area and to protect the amenities of the occupiers of neighbouring residential properties.
24. The development hereby permitted shall not be first brought into use until all of the external walls of the battery storage units, other site structures and security fencing have painted/finished in a colour the details of which shall be submitted to the Local planning authority for approval and shall be either moss green or brown. The colour finish shall be retained in perpetuity thereafter.
REASON: In the interests of visual amenity and the character and appearance of the area
INFORMATIVE
Nothing in this permission shall authorise the diversion, obstruction, or stopping up of any public right of way that crosses the site. You are advised to contact the Public Rights of Way officer on RightsOfWayConsultations@wiltshire.gov.uk.
INFORMATIVE
The proposal includes alteration to the public highway. The permission hereby granted shall not be construed as authority to carry out works on the highway. The applicant is advised that a licence will be required from Wiltshire’s Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway. Please contact the vehicle access team on telephone 01225 713352 or emailvehicleaccess@wiltshire.gov.ukfor further details.
INFORMATIVE
The applicant should note that it will be necessary for a Great crested newt District Level Licence to be obtained from Natural England in order to allow the works to proceed lawfully. Great crested newts and their habitat are protected at all times by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019. Planning permission for development does not provide a defence against prosecution under this legislation.
INFORMATIVE
The applicant should note that under the terms of the Wildlife and Countryside Act (1981) andthe Habitats Regulations (2010) it is an offence to disturb or harm any protected species, orto damage or disturb their habitat or resting place. Please note that this consent does notoverride the statutory protection afforded to any such species. In the event that yourproposals could potentially affect a protected species you should seek the advice of a suitablyqualified and experienced ecologist and consider the need for a licence from Natural Englandprior to commencing works. Please see Natural England’s website for further information onprotected species.
INFORMATIVE
If soakaways prove to be non-viable and discharge to an ordinary watercourse is required:
Wiltshire Council is the land drainage authority under the Land Drainage Act 1991. Land drainage consent is required if a development proposes to discharge flow into an ordinary watercourse or carry out work within 8m of an ordinary watercourse.
INFORMATIVE
The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.
INFORMATIVE
Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.
INFORMATIVE
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.
A break was taken from 1220-1235.
Supporting documents: