Agenda item

The installation of a solar farm of up to 49.9MW of generating capacity, comprising the installation of solar photovoltaic panels and associated infrastructure including customer cabin, customer substation, DNO substation and equipment, inverter and transformer substations, spare part container, associated battery storage, access tracks, fencing, security cameras, landscape planting and associated works.

Public Participation

·       Simon Skinner spoke in objection to the application

·       Janette Armstrong spoke in objection to the application.

·       Philip Davey spoke in objection to the application.

·       Tom Benton spoke in support of the application.

·       Philip Greenhill spoke in support of the application.

·       Harry Lopes spoke in support of the application.

·       Cllr Lesley Palmer of Grittleton Parish Council spoke in objection to the application.

·       Cllr Alistair Parker of Yatton Keynell Parish Council spoke in objection to the application.

 

Jonathan James (Senior Conservation/Planning Officer) presented a report which recommended that planning permission be granted subject to conditions for the installation of a solar farm of up to 49.9MW of generating capacity, comprising the installation of solar photovoltaic panels and associated infrastructure including customer cabin, customer substation, DNO substation and equipment, inverter and transformer substations, spare part container, associated battery storage, access tracks, fencing, security cameras, landscape planting and associated works.

 

Key details were stated to include: whether the proposal was acceptable in principal; whether the proposal would result in the loss of best and most versatile agricultural land; whether the proposal would be harmful in terms of its landscape and visual impact; whether the scheme would give rise to an adverse impact on residential amenity; whether the proposal would have an adverse impact upon highway safety or public rights of way; whether the scheme would cause harm to protected species and/or their habitats; whether the scheme would cause harm to the historic environment; and whether the proposal would result in any other adverse environmental impacts.

 

Attention was drawn to the additional agenda supplements which contained an addendum in relation to the construction traffic route and a corrected site location plan. In the heritage impact section of the agenda reference was made to a community fund and an electric link to the nearby Leigh Delamere service station, no weight could be attributed to those elements in the planning balance of harm to the setting of heritage and public benefits. However, in the conclusion in the final paragraph of the heritage impact section the report quantified that significant weight could be attributed to the provision of the proposed renewable energy scheme and the biodiversity gains through the scheme.  It was also noted that in the final sentence of that section there was a typographical error in the final sentence whereby it should read  “It is therefore considered that the proposal would comply with Section 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and CP 58 of the WCS and relevant paragraphs of the framework”. Rather than section 16 and 72.

 

The officer stated that two late representations had been received. One in objection to the application, from a farmer who had farmed the land from 1962 to 1995. About half was in arable crops and half supported a dairy herd. Typical yields were given. The objector felt that the land should be used for food production rather than solar panels. The second representation was in support of the application and was received from Moto Services (in Leigh Delamere). They wanted to lead on EV charging and expand on charging points, this was currently constrained by the local grid. The farm would provide critical green infrastructure that would help to meet the demand. The power produced would also be cheaper and they supported the scheme.

 

Part of a video (available to view via the agenda page) was shown of an HGV test for the construction traffic route. It was played from approximately 11 minutes into the video and showed the narrower sections of the route.

 

It was noted that when additional details were provided during the application process these had all been consulted upon. The slideshow as published in supplement 2 was shown to the meeting. There were several Rights of Way nearby and through the site, these would all be retained within the scheme. The location of heritage assets were also highlighted. To the West of the site, approximately 800 metres away was the Cotswolds AONB.

 

The passing places for vehicles on the narrow section of the construction traffic route were noted. There had been contention between Highways and local residents as to whether vehicles could pass safely in those locations. The grass verges were part of the highways network and therefore the passing places could be improved and enhanced.

 

Within the site some of the solar panels would be static and some would be tracking panels. Some ground would be left open for archaeological reasons and for planting and biodiversity.

 

In the planning balance, the officer felt that the negative impacts identified were outweighed by significant benefits of the scheme and therefore the recommendation before the Committee was to approve with conditions.

 

Members of the Committee then had the opportunity to ask technical questions of the officer. Details were sought on protected landscapes and Core Policy 42; how you could compare the negative impacts identified and the benefit of the scheme when these were very different things and the policies used to do that; the productivity of the land; whether the passing places were big enough for 2 lorries to pass; whether Highways England (now known as National Highways) could be challenged on not allowing the construction traffic route to come from the Moto Service Station; the process for the electrical cable route to the sub-station; clarification on comments made by the Secretary of State for Environment, George Eustice regarding what is considered the best and most versatile agricultural land; the planning history of the site; the size of the community fund; the construction management plan; and whether Wiltshire had hit its targets for solar energy.

 

Responses included, but were not limited to the following; the passing places could be improved to allow 2 lorries to pass and the construction period was only 6 months; a good proportion of the route for the electrical cable to the sub-station was across agricultural land and that would be subject to a separate application; the definition of the best and most versatile agricultural land was 1, 2 and 3A, not 3B, this site was 3B which was of moderate quality; the community donations were between the applicant and the communities; the construction management plan was covered in the conditions; whether Wiltshire had hit its solar energy targets could not be applied in the planning balance; how to weigh the balance between impacts and benefits was covered by NPPF 158 and CP42, there was an emphasis in the NPPF towards supporting renewable energy, it was a judgement officers and the Committee had to make.

 

Members of the public then had the opportunity to present their views, as detailed above.

 

The meeting was adjourned at 12.00pm for a 10 minute comfort break. The meeting reconvened at 12.10pm.

 

Cllr Nic Puntis (Chippenham Cepen Park & Derriads) a neighbouring division Member spoke in objection to the application. The main 2 issues he had with the application concerned the construction traffic route and the concerns around passing places and using the agricultural land for the site.

 

The unitary division Member (By Brook), Cllr Nick Botterill, spoke in objection to the application. Whilst he supported the drive to change to renewable energy, he had significant concerns regarding this application. His concerns included the scale of the site which was very large; whether the application adhered to Core Policy 42 and 51; the proximity of the AONB; the affect on local heritage assets; and whether this was optimum use of the land.

 

The Chairman, also spoke as a unitary division Member as part of the site was in his division (Kington). He stated that he supported the last 2 solar applications which came to the Committee but that he had concerns regarding the construction traffic route for this application as 6 months was a long time for local residents to deal with the situation. He stated would listen deeply to the debate and was interested in teasing out adverse impacts and the planning balance. 

 

Cllr Adrian Foster proposed a motion to grant planning permission with the conditions in the agenda report so long as there was sufficient highways input to improve the route to the site so that 2 HGVs could pass each other. This was seconded by Cllr Tony Trotman.

 

Cllr Trotman stated that the traffic issue was the main consideration and was pleased to hear that the applicant would hold HGV’s back on site to ensure that they were not passing each other in the narrow lanes. He cited CP42 and stated that renewable energy schemes should be supported so long as suitable actions are taken to mitigate impact, he felt that fit this situation.

 

A debate followed where issues raised included whether the yields given by the previous farmer who produced crops on the land were achieved by using lots of fertiliser; that the land was classed as grade 3B and therefore was not considered as best quality agricultural land so the issues surrounding that had been clarified; that Wiltshire Council had already achieved 167% of its requirement for renewable energy so was actually overproducing; that it was regrettable that the AONB had not been more forceful in its comments regarding the application; and the planning balance of weighing the impact of the adverse impacts such as the construction traffic against the benefits of a renewable energy scheme.

 

Further issues raised included whether the Members could add conditions to ensure the passing places issue was satisfactorily resolved; that peak times (such as school pick up) were avoided; or that an escort vehicle be used to accompany HGV’s; that it would be hard to improve the passing places to a satisfactory standard due to the presence of ditches; people parking on pavements at some of the pinch points could cause issues; others felt that the mitigating factors already included in the proposal would minimise impacts and the route was not a major issue.

 

Advice was sought from officers regarding the adding of extra conditions. It was clarified that there were 5 passing places along the Sevington Road stretch, it was these that would be enhanced. Condition 11 already covered most of what the Members were concerned about, such as condition 11xii to ensure that the passing bays would be fit for purpose. Officers suggested strengthening condition 11 so that Members could be confident that there was onsite management of traffic (such as arrivals and departures being controlled) and that the passing bays should be sufficient for HGV’s to pass one another. Final wording of the strengthened condition could be delegated to officers.

 

The proposer and seconder of the motion were both happy to amend the motion to include the strengthening of condition 11 as stated above, the final wording of which would be delegated to officers. 

 

At the conclusion of the debate it was,

 

Resolved:

 

To grant full planning permission subject to the conditions as set out below:

 

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 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 the electricity distribution network (‘First Export Date’) or no later than 44 years from the date of this decision, whichever is the soonest. Written confirmation of the First Export Date shall be provided to the Local Planning Authority no later than 1 calendar month after that First Export Date. Within 6 months of the date of expiry of this planning permission, or, if sooner, the cessation of the use of the solar panels for electricity generation purposes for a continuous period of 6 months, the solar panels together with any supporting/associated infrastructure including the inverter stations, security equipment, poles and fencing shall be removed from the land and the land restored to its former agricultural condition in accordance with a scheme of work to be submitted to, and approved in writing by, the local planning authority. The scheme of work, including a restoration plan and a decommissioning scheme that takes account of a recent ecological survey, shall be submitted to the local planning authority not less than six months before the removal of the installation.

 

REASON: In the interests of amenity and the circumstances of the use and to ensure the long-term management of landscape and ecological features retained and created by the development and in the interests of the significance of the heritage assets and their setting.

 

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

·       Site location plan, Dwg No. /264901/001 Rev A

·       Site location plan, Dwg No. /264901/002 Rev A

·       Site location plan, Dwg No. /264901/003 Rev A

·       PV Layout, Dwg No. EDR1005-105 Rev AF

·       Planting Plan, Dwg No. TOR-XX-XX-P-L-001 Rev K

·       Single-axis tracker array details, Dwg No. EDR1005-202 Rev C

·       PV array details, Dwg No. EDR1005-200 Rev D

·       Fixed tilt array details, Dwg No. EDR1005-201 Rev C

·       Customer substation building details, Dwg No. EDR1005-210 Rev B

·       Distribution network operator container details, Dwg No. EDR1005-211 Rev B

·       Customer cabin details, Dwg No. EDR1005-212 Rev B

·       40ft central inverter substation details, Dwg No. EDR1005-206 Rev C

·       53ft battery storage system details, Dwg No. EDR1005-207 Rev D

·       Spare part container details, Dwg No. EDR1005-222

·       Security Camera Plan, Dwg No. EDR1005-215 Rev E

·       Fence and gate Details, Dwg No. EDR1005-214 Rev B

·       Hedge Crossing Details, Dwg No. EDR1005-217 Rev A

·       No-dig Road Details, Dwg No. EDR1005-230 Rev

·       Maintenance Road Details, Dwg No. EDR1005-216 Rev A

·       Sevington Road Access Junction Visibility, Dwg No. 800.0023.002 Rev A, paul basham associates

·       Sevington Road Access Junction General Arrangement and Tracking, Dwg No. 800.0023.001 Rev A, paul basham associates

·       Vehicle Tracking along Sevington Road at the existing passing places (Sheet 1 of 5) paul basham associates, Dwg No. 800.0023.031 Rev A

·       Vehicle Tracking along Sevington Road at the existing passing places (Sheet 2 of 5) paul basham associates, Dwg No. 800.0023.032 Rev A

·       Vehicle Tracking along Sevington Road at the existing passing places (Sheet 3 of 5) paul basham associates, Dwg No. 800.0023.033

·       Vehicle Tracking along Sevington Road at the existing passing places (Sheet 4 of 5) paul basham associates, Dwg No. 800.0023.034 Rev A

·       Vehicle Tracking along Sevington Road at the existing passing places (Sheet 5 of 5) paul basham associates, Dwg No. 800.0023.035

·       Application form

·       Planning Design and Access Statement (dated June 2021)

·       Noise Impact Assessment (dated 9th June 2021, by inacoustic)

·       Solar Photovoltaic Glint and Glare Study (June 2021, PAGERPOWER, Urban and Renewables)

·       Flood Risk Assessment (June 2021, Cotswold Transport Planning)

·       Greenfield runoff rate estimation for sites (Jul 2021, HR Wallingford)

·       Shadow Analysis (Nov 2021) PAGERPOWER Urban and Renewables

·       Heritage Desk-Based Assessment, CA Report: CR0310_3 (Apr. 2021, Cotswold Archaeology)

·       Geophysical Survey Report (Dec 2020,Magnitude Surveys, Ref: MSST792)

·       Archaeological Evaluation (Dec 2021) Cotswold Archaeology

·       Full Ecological Assessment (dated 30th May 2022) by Wychwood Biodiversity Ltd

·       Biodiversity Management Plan (BMP) (dated 31/05/22) by Wychwood Biodiversity Ltd

·       Breeding Bird survey Report (dated June 2020) by Wychwood Biodiversity Ltd

·       Phase 2: Badger, Bat and Great Crested Newt surveys (dated 28th January 2022) by Wychwood Biodiversity Ltd

·       Evidence of Construction-related Damage to Grassland at a Solar Farm (Dec 2021) by Wychwood Biodiversity Ltd

·       Evidence for the Effects of Solar Panels upon Botany (Jan 2022) by Wychwood Biodiversity Ltd

·       Notes on Vegetation Research at Solar Farms (F Carvalho; H Montag; A Remazeilles; G Parker)

·       Respone to Comments by County Ecologist (Feb 2022) by Wychwood Biodiversity Ltd

·       Biodiversity Net Gain

·       Habitat Establishment

·       Habitat Management

·       Surveying and Monitoring

·       Avoidance and Reduction

·       Memorandum – Solar shade Analysis (Feb 2022) by Great Ecology

·       Preliminary Ecological Assessment of Cable Route for Proposed Solar Farm (dated 22nd February 2022) by Wychwood Biodiversity Ltd

·       Arboricultural Feasibility Statement (Nov 2021) ACD Environmental

·       Tree Survey, Arboricultural Impact Assessment, Arboricultural Method Statement and Tree Protection Plan (dated 29/06/2021, Rev. A) by Hayden’s Arboricultural Consultants

·       Arboricultural Impact Assessment and Method Statement (dated 28th April 2021; ref. PRI22319aia_ams)

·       Agricultural Land Classification (date 11th June 2021) amet property

·       Technical Response to issues raised by Consultees and Third Parties

·       Battery Safety Management Statement

·       Transport Statement (dated May 2022) paulbasham associates

·       Construction Route Note (dated Sept 2021) paulbasham associates

·       Construction Traffic Management Plan (dated May 2022) paulbasham associates

·       Landscape and Visual Appraisal (June 2021)

·       Cumulative solar farms intersection of study areas

·       Statement of Community Involvement (June 2021)

 

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

 

4.  No development shall commence on site until a scheme for the discharge of surface water from the site, incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first brought into use until surface water drainage has been constructed in accordance with the approved scheme.

i.   The applicant must demonstrate, via calculations, that no material increase in discharge rates occurs because of the solar farm and all associated works.

ii.  The applicant must demonstrate that any potential channelisation risk between the channels is appropriately managed.

iii.The applicant must demonstrate that exceedance flow paths (incorporating potential channelised flows) are safely managed so as not to cause flooding to 3rd parties or to electrical equipment (transformers etc)

 

REASON: The matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure that the development can be adequately drained.

               

5.  No development shall commence within the area indicated by application PL/2021/06100 until:

 

An Archaeological Management Plan, setting out how two archaeological exclusion zones are to be scoped out of the development and then protected from impacts during the developmental and operational phases of the proposals, has been submitted to and approved by the Local Planning Authority.

 

REASON: To enable the protection of any matters of archaeological interest.

 

6.  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 “Tree Survey, Arboricultural Impact Assessment, Arboricultural Method Statement and Tree Protection Plan (June 2021) by Hayden’s Arboricultural Consultants.

 

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 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 and biodiversity.

 

7.  Prior to construction commencing a final Construction Ecological Management Plan (CEMP) report will be submitted to and approved by the Local Authority. The CEMP will detail the avoidance, mitigation and protective measures to be implemented before and during the construction phase and demonstrate compliance with the mitigation measures detailed in Ecology App A. Full Ecological Assessment prepared by Wychwood Biodiversity (03/03/2022) and displayed on Ecology App G. Avoidance and Reduction CEMP Map. The CEMP must include, but not necessarily be limited to, the following mitigation and protective measures:

i.   Identifying a suitably qualified ECoW who will oversee the construction works in relation to ecology.

ii.  A drawing identifying the ecological protection areas/buffer zones that require temporary protection fencing including buffers and RPZ for trees.

iii.A requirement for update surveys required prior to start of works, especially for reptiles, amphibians including GCN, birds including skylark and lapwing and badgers.

iv.  Methods for the sensitive removal of hedgerow sections where agreed.

v.   Reasonable Avoidance Measures (RAMs) for reptiles, amphibians including GCN, birds including skylark and lapwing and badgers.

vi.  If construction lighting is required, a strategy must be included in the CEMP which clearly demonstrates no impacts on sensitive, retained habitat features.

 

REASON: To ensure adequate protection and mitigation for ecological receptors prior to and during construction, and that works are undertaken in line with current best practice and industry standards and are supervised by a suitably licensed and competent professional ecological consultant where applicable.

 

8.  Prior to the start of construction, a Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. The LEMP will demonstrate compliance with Ecology App G. Biodiversity Management Plan prepared by Wychwood Biodiversity (31st January 2022) and Ecology App G. Habitat Establishment Map. The LEMP will include long term objectives and targets, management responsibilities and maintenance schedules for each ecological feature within the development.

The LEMP shall also include details of the legal and funding mechanism(s) by which long-term implementation of the plan will be secured. The LEMP shall be implemented in full and for the lifetime of the development in accordance with the approved details.

 

REASON: To ensure the long-term management of landscape and ecological features retained and created by the development, for the benefit of visual amenity and biodiversity for the lifetime of the scheme.

 

9.  Prior to construction commencing a scheme of monitoring focused on the key aspects of the Biodiversity Management Plan must be submitted to and approved by the Local Authority. The monitoring scheme should comprise the following:

i.   Commitment to undertake surveys immediately following completion to a) establish how effectively the CEMP was followed and b) to fix the baseline for future monitoring.

ii.  Identification of the key features to be monitored and methodology to be used.

iii.Monitoring targets with specific measurable thresholds for success for each key feature with remediation measures incorporated where necessary.

iv.  Commitment to continue monitoring for the operational lifetime of the installation in years 1, 3, 5, 10, 25 and 40.

v.   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 long-term management of landscape and ecological features retained and created by the development, for the benefit of visual amenity and biodiversity for the lifetime of the scheme.

 

10.The development hereby approved shall not commence until a Construction and Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP shall include details of the following relevant measures:

i.   An introduction consisting of construction phase environmental management plan, definitions and abbreviations and project description and location;

ii.  A description of management responsibilities;

iii.A description of the construction programme;

iv.  Site working hours and a named person for residents to contact;

v.   Detailed Site logistics arrangements;

vi.  Details regarding parking, deliveries, and storage;

vii.Details regarding dust and noise mitigation;

viii.          Details of other measures to mitigate the impact of construction on the amenity of the area and safety of the highway network; and

ix.  Communication procedures with the LPA and local community regarding key construction issues – newsletters, fliers etc.

There shall be no burning undertaken on site at any time.

 

REASON: Core policy 57, Ensuring high design and place shaping such that appropriate levels of amenity are achievable.

 

11.No development shall commence on site (including any works of demolition), until a Construction Management Statement, together with a site plan, which shall include the following:

 

i. the parking of vehicles of site operatives and visitors;

ii. loading and unloading of plant and materials;

iii. storage of plant and materials used in constructing the development;

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

v. wheel washing facilities;

vi. measures to control the emission of dust and dirt during construction;

vii. a scheme for recycling/disposing of waste resulting from demolition and construction works;

viii. measures for the protection of the natural environment.

ix. hours of construction, including delivery schedules;

x. traffic routeing signs and HGV turning warning signs (including signage drawing(s)), and associated trimming of vegetation (specifically at the Sevington Road/Rat Hill (C86) Junction to the north-west);

xi. pre-condition photo survey;

xii. details confirming the passing bays on Sevington Road to be fit for purpose, in terms of construction/surfacing and dimensions, including to show sufficient space toallow 2 HGVs to pass; and

xiii. details for off site traffic management ensuring that the arrivals and departures of HGVs are controlled to avoid any conflict.

 

     has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. In respect of (xii), should the approved details show that any/all of the passing bays need to be enlarged, then the works to construct/surface the enlarged bays shall be completed in accordance with the approved details prior to commencement of any other part of the development. 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: To minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

 

12.No development shall commence on site until visibility splays have been provided between the edge of the carriageway and a line extending from a point 2.4m 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 160 metres to the east and west 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.

 

13.No development shall commence on site until details of the proposed width of the access track, including passing bays, has been submitted to and approved in writing by the Local Planning Authority.

 

REASON: In the interests of highway safety.

 

14.The development hereby permitted shall not be first commenced until the access track between the public highway and the site compound has been consolidated and surfaced (not loose stone or gravel) in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority.

 

REASON: In the interests of highway safety.

 

15.No part of the development shall be commenced until details have been submitted to and approved in writing for the widening of the first passing bay from the junction of Sevington Road with the C86 Rat Hill by 0.4m, and such widening of the passing bay has been formed in accordance with the approved details. The passing bay shall always thereafter be kept clear of obstructions and available for the passing of vehicles.

 

REASON: To enable vehicles to pass in the interests of highway safety.

 

16.No construction or operational artificial lighting shall be installed at the site unless otherwise agreed in writing by the local planning authority.

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 in accordance with the appropriate Environmental Zone standards set out by the Institution of Lighting Professionals in their publication “The Reduction of Obtrusive Light” Guidance Note 01/21 (reference GN01/21), have been submitted to and approved in writing by the Local Planning Authority. The approved lighting shall be installed and shall be maintained in accordance with the approved details and no additional external lighting shall be installed.

 

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

 

17.Notwithstanding the details hereby approved, the finished colour for all cabins, substation containers, fencing and any other structure that forms a part of this development shall be finished in a dark green (RAL 6007) and shall be maintained as such thereafter.

 

REASON: In the interests of preserving the character and appearance of the area.

 

18.Landscape Planting shall be undertaken in accordance with the Leigh Delamere Planting Plan TOR-XX-XX-P-L-001 Revision K and maintained as such thereafter.

 

All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner, or in accordance with a programme to be agreed in writing with the Local Planning Authority.

 

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 hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development 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 and to ensure that the site is satisfactorily landscaped in order to support protected species and their habitats and to protect the National Highways estate and in the interest of the safe and efficient operation of the strategic road network.

 

19.No construction or demolition work shall take place on Sundays or Public Holidays or outside the hours of 08:00 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays.

 

REASON: Core policy 57, Ensuring high design and place shaping such that appropriate levels of amenity are achievable.

 

20.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 contamination and provide a written remedial statement to be followed be a written verification report that confirms what 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.

 

21.Access to the development site shall be provided via Sevington Road only. There shall be no access to the development site from the M4 Leigh Delamere Motorway Service Area.

 

REASON:  As required by ‘National Highway’ recommendation in the interest of the safe and efficient operation of the strategic road network.

 

Informatives:

 

22.Informative:

Survey result confirm that there is a risk that great crested newts could occur on the application site. These species and their resting places are legally protected and planning permission does not provide a defence against prosecution. In order to minimise the risk of these species occurring on the site, the developer is advised to adhere to recommendations made in the Full Ecological Assessment (Wychwood Biodiversity, 03/03/2022) and follow advice from an independent ecologist.

 

23.Informative:

A photographic pre-condition highway survey to be carried out to the section of highway of Sevington Road from the junction with C178 to the access to the application site, and copies of pre and post condition survey to be supplied to Wiltshire Council. The applicant should be informed that the Highway Authority will pursue rectification of any defects identified by the highway condition survey which can be attributed to the site construction traffic under the provision of S59 of the Highways Act.

 

24.Informative:

The applicant should note that the costs of carrying out an archaeological investigation will fall to the applicant or their successors in title. The Local Planning Authority cannot be held responsible for any costs incurred.

 

25.Informative:

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 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 see Natural England’s website for further information on protected species.

 

26.Informative:

The consent hereby granted shall not be construed as authority to carry out works on the highway. The applicant is advised that a license may 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.

 

Note: Cllr Christopher Newbury requested that his vote was recorded. Cllr Newbury voted against the motion.

 

At 2.00pm the meeting was adjourned for a short break. The meeting reconvened at 2.15pm.