Agenda item

Proposed Development is for a battery storage facility and ancillary infrastructure (Revision of PL/2022/00404).

Public Participation

Mr David Mitchell and Mr Martin Pollard (Applicant Representative)

spoke in support of the application. Wiltshire Council’s Climate Team also spoke in support.

Officers from the Development Management Area Team introduced the report which recommended that the Committee grant the application, subject to conditions, for a Battery Energy Storage System (BESS) with

a capacity of c.50MW. The batteries would be housed within containers and be supported by ancillary development, including transformers, inverters, and switch gear units. The site would also be surrounded by a security fencing, acoustic fencing, and new landscaping and biodiversity enhancements.

Key considerations identified included the scale of the development, visual impact, relationship to adjoining properties, and design.

Members of the Committee then had the opportunity to ask technical questions to the officer, of which there were none.

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

A debate followed where councillors considered the potential presence of roman archaeological artefacts as raised by a member of the public, and whether a condition of an archaeological dig could be attached. The committee considered the application far less objectionable given it was screened by woodland, away from roads and communities.

The committee were pleased to see the submission from the climate team at Wiltshire Council.

During debate a motion to approve the application was moved by Cllr Dr Brian Mathew and seconded by Cllr Elizabeth Threlfall.

Resolved

Delegate back the planning officer to explore and consult with the Council Archaeologist following receipt of LiDAR information provided by local resident (Mr Mitchell).  In the event the Council Archaeologist does not raise further objections, then to grant planning permission in accordance with recommendation along with additional condition:

23.  Prior to the commencement of development, an Emergency Plan shall have been submitted to and agreed in writing by the Local Planning Authority.  The Emergency Plan shall include measures to address the consequences of any thermal runaway event, and in particular fire-fighting provision, water supply resilience and runoff contamination.  The agreed Emergency Plan shall be implemented for the duration of the life of the development.

REASON:  In the interests of securing the development that is safe and that the impact of any fire event at the site is reduced as far as is possible.

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 Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2.     Within six months of the commencement on site, a scheme for the decommissioning and restoration of the development shall have been submitted to and approved by the Loca Planning Authority, the details of which shall include howthe land will be restored back to fully agricultural use, apart from the retention of the planting as a valuable addition to the landscape, upon the development no longer being in operation or upon the expiry date of 40 years from the date of the development starting to feed electricity to the Grid, whichever is sooner. The Decommissioning and Restoration scheme of this development shall be carried out in accordance with the scheme so agreed.

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

3.     The Local Planning Authority shall be notified in writing within one month of the event that the development hereby approved has started to feed or take electricity to/from the Grid. The installation hereby approved shall be permanently removed from the site and the surface reinstated within 40 years and six months of the date of notification and the local planning authority shall be notified in writing of that removal within one month of the event.

REASON:In theinterests ofamenity andthe characterand appearanceof thearea.

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

Drawing. 3075-01-01Rev BSite LocationPlan Drawing. 3075-01-02 Rev B Statutory Plan

Drawing. 3075-01-03 Rev B General Arrangement

Drawing. 3075-01-04 Battery Storage Container Drawing.3075-01-05 Inverter-TransformerStations

Drawing. 3075-01-06 TransformerDrawing. 3075-01-07Switchgear Container

Drawing. 3075-01-08LV SwitchgearContainer

Drawing. 3075-01-09 Fencing and Security Drawing. 3075-01-10 Rev B Existing Site Plan Drawing.3075-01-11 SiteAccess Arrangements Drawing. 3075-01-12 Landscape Design

REASON: Forthe avoidanceof doubtand inthe interestsof properplanning.

5.     Notwithstanding the details shown on the approved plans, no development shall commenceon site until details of the materials, colour and finish of any built structures and containers, poles, fencing, gates etc., have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details prior to the development being first brought into use and retained as such for the lifetime ofthe development.

REASON: Inthe interestsof visualamenity andthe characterand appearanceof thearea.

NOTE: The use of neutral earth tone colours for elevational building / container treatments (including roof materials) and security fencing is important in this rural area. The use of white finishes on containers and battery storage units or other infrastructure elements must be avoided, set against dark landscape backdrops of woodland and trees etc.

6.     No demolition, site clearance or development shall commence on site, and; no equipment, machinery or materials shall be brought on to site for the purpose of development, until the trees to be protected and retained, as identified within Arboricutlrual Impact Assessment and the Arboricultural Method Statement (AMS) by ARBTECH and shown on the Tree Protection Plan (drawing no.3075-01-03 Rev B), including tree ref.T23 Oak, have been enclosed by protective fencing, in accordance with British Standard 5837 (2005): Trees in Relation to Construction.

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 and no vehicle, plant, temporary building or materials, including raising and or, lowering of ground levels, shall be allowed within the protected areas.

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 “TreeWork – Recommendations”or arboriculturaltechniques whereit canbe demonstratedto be in the interest of good arboricultural practise.

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

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

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

7.     The development hereby permitted shall be carried out in full accordance with the Arboricultural Method Statement (AMS) by ARBTECH.

REASON: In order that the Local Planning Authority may be satisfied that the trees to be retained on and adjacent to the site will not be damaged during the construction works and to ensure that as far as possible the work is carried out in accordance with current best practice and section 197 of the Town & Country Planning Act 1990.

8.     The proposed soft landscaping scheme, as shown on the Landscape Design drawing (no. 3075-01-12), shall be carried out in the first planting and seeding season following the first operation of the development or the completion of the development whichever is the sooner,or in accordance with a schedule and timetable to be agreed in writing by 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.

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

9.     No development shall commenceon site until details of all earthworkshave been submitted to and approved in writing by the Local Planning Authority. These details shall include the proposed grading and mounding of land areas including the levels and contours to be formed, and the nature and source of the material, showing the relationship of proposed mounding to existing vegetation and surrounding landform. The details shall also include details of the proposed level and method of construction of the access road works associated with the proposed surface water drainage scheme. The development shall thereafter be carried out in accordance with the details approved under this condition.

REASON: To enable the Local Planning Authority to ensure the retention of trees on the site and consider andapprove the precise scopeof earthworks and levels in the interests of visual amenity.

10.  The development hereby permitted shall be carried out in full accordance with the recommendations, mitigation measures, and enhancement measures detailed within the Ecological Assessment (July 2022) by avian ecology and shown on the Landscape Design drawing (no. 3075-01-12).

REASON: To mitigate against the loss of existing biodiversity and nature habitats and secure enhancements.

11.  Prior to the commencement of development, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, a Construction Environmental Management Plan (CEMP) prepared in accordance with Section 4 of the Ecological Assessment.Embedded in Design Planning and Access Statement – Appendix B

–    Ecology Assessment V4 (Avian Ecology, 25/09/2021) shall be submitted to the local planning authority for approval in writing. The Plan 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)     Identification of ecological protection areas/buffer zones and tree root protection areas and details of physical means of protection, e.g. exclusion fencing.

b)     Working method statements for protected/priority species, such as nesting birds, great crested newts and reptiles.

c)     Work schedules for activities with specific timing requirements in order to avoid/reduce potential harm to ecological receptors; including details of when a licensed ecologist and/or ecological clerk of works (ECoW) shall be present on site.

d)     Key personnel, responsibilities and contact details (including Site Manager and ecologist/ECoW).

e)     Timeframe for provision of compliance report to the local planning authority; to be completed by the ecologist/ECoW and to include photographic evidence.

Development shallbe carriedout instrict accordancewith theapproved CEMP.

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.

12.  Prior to the commencement of development, a Landscape and Ecology 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, management responsibilities and maintenance schedules for each ecological feature within the development, together with a mechanismfor monitoringsuccess ofthe managementprescriptions, incorporatingreview and necessaryadaptive managementin orderto attainbiodiversity enhancementtargets withinthe submitted Metric 3.0 V4 and Section 4 of the Ecological Assessment.Embedded in Design Planning and Access Statement – Appendix B – Ecology Assessment V4 (Avian Ecology, 25/09/2021).

The LEMPshall alsoinclude detailsof thelegal andfunding mechanism(s)by whichlong-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.

13.  The noise attenuation measures detailed in the Noise Assessment (May 2022) by Noise Vibration Consultants Ltd or any updated noise reports submitted for approval by the local planning authority prior to commencement of development shall be implemented prior to first operation of the development and thereafter be permanently retained.

REASON:To protectlocal amenityfrom adverseeffects of noise.

14.  A post installation noise assessment shall be carried out within 3 months of completion of the development to confirm compliance with the submitted Noise Assessment (May 2022) by Noise Vibration Consultants Ltd (or any updated noise reports approved by the local planning authority) and submitted to the Local Planning Authority for approval in writing. Any additional steps required to achieve compliance shall thereafter be taken in accordance with a timetable to be agreed with the Local Planning Authority. The details as submitted and approved shallbe implemented and thereafter be permanently retained.

REASON:To protectlocal amenityfrom adverseeffects ofnoise.

15.  Notwithstanding the details shown on the approved plan, no external artificial lighting shall be usedor installed on site untillux contour plots/lightingcontour plans for all proposedlighting 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.

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.

16.  No development shall 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 consistingof constructionphase environmentalmanagement plan, definitions and abbreviations and project description and location;

ii.     A description ofmanagement responsibilities;

iii.     A description ofthe constructionprogramme;

iv.     Site working hoursand anamed personfor residentsto contact;

v.     Detailsof vehiclerouting tothe site

vi.     Detailedsite logisticsarrangements;

vii.     Detailsregarding parking,deliveries, andstorage;

viii.     Detailsof themeasures tocontrol theemission ofdust, dirtand noiseduring construction;

ix.     Detailsof thehours ofworks andother measuresto mitigatethe impactof construction on the amenity of the area and safety of the highway network; and

x.     Communicationprocedures withthe LPAand localcommunity regardingkey construction issues – newsletters, fliers etc.

The approvedCEMP shallbe adheredto andimplemented throughoutthe construction period strictly in accordance with the approved details.

REASON: Tominimise detrimental effectsto theneighbouring amenities, theamenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

17.  No development shall commence until a pre-construction highway photographic survey to be carried out along Dog Trap Lane from its junction with the B4040 has been carried out. Upon completion of the construction phases, a post construction survey shall be carried out at the same location. Details and results of both before and after survey shall have been submittedto the Council as the Highway Authority within 3 months of the first operation of the development. Those submitted details and results shall be accompanied by a plan and timing schedule for the repair of any damage identified and attributable to the construction of the development, to be carried out at the expense of the applicant, which shall have been agreed in writing with the Local Planning Authority beforehand.

REASON: Tosecure ascheme forthe repairof thepublic highwayfollowing completionof substantive construction works

18.  No development shall commence on site until the first 20m of the 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: Inthe interestsof highwaysafety

19.    No development shall commence on site until the visibility splays shown on the approved plans (drawing no. 3075-01-11 Proposed Site Access Arrangements) have been provided with no obstruction to visibility at or above a height of 900mm above the nearside carriageway level. The visibility splays shall always be maintained free of obstruction thereafter.

REASON: Inthe interestsof highwaysafety.

20.  Notwithstanding thecontents of the Flood Risk & Water Drainage Assessment (June 2022) by KRSEnvironmental, no development shallcommence on site untila scheme forthe discharge of surface water from the site (including surface water from the access / gravel areas), incorporating sustainable drainage details together with permeability test results to BRE365 and showing in improvement in discharge rate from the site, has been submitted to and approvedin writingby theLocal PlanningAuthority. Thedevelopment shallnot befirst brought into use until surface water drainage has been constructed in accordance with the approved scheme.

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.

NOTE: The Lead Local Flood Authority advises that the following points will need to be addressed as part of final proposed surface water drainage scheme:

It is noted from the drainage strategy that the applicant proposes to discharge to an existing ordinary watercourse.

a.     The drainage strategy drawing does not show the receiving watercourse / waterbody; the strategy drawings should be updated to show the connectivity between the outfall and the receiving watercourse / waterbody.

b.     If required to cross third-party land, the applicant must provide evidence ofpermissions to cross third party land and permissions from riparian owners to discharge to the watercourse/river in perpetuity. There is no automatic right to cross third party land or discharge to a watercourse/river not in ownership of the applicant.

It is noted that the applicant proposes to discharge surface water flows to the south of the site (assisted by a pumped discharge):

a.      Justificationshould beprovided asto whya gravitysystem cannotbe achieved.

b.      As discharge to the south is against the natural topography of the site (and therefore relatesin sub-catchmenttransfer onsite), theapplicant shall confirmthat thereceiving waterbody & ordinary watercourse have sufficient capacity to accept the (albeit restricted) surface water discharges without increasing local flood risk.

It is noted that the applicant has proposed to limit discharge rates to 1.1l/s, although it is acknowledged within the report that the Qbar rate for the site is 1.0l/s . The applicant is therefore required to update calculations to restrict discharge rates to 1l/s, or provide justification as to why this cannot be achieved.

The submitted calculations show that flows will be restricted using a Hydrobrake, however the drainage strategy indicates that flow control will be provided by a pumped discharge. The hydraulic calculations are required to be updated in order to show the pumped discharge from the detention basin.

The applicantis requiredto providethe followingadditional calculations:

- Calculations and drawings for the drainage system design showing conveyance routes are designed to convey without flooding the critical 1 in 30 year + 35% climate change rainfall event.

The applicant is required to submit a drawing demonstrating how overland exceedance flows in excess of the 1 in 100yr rainfall will be safely managed on site in order to prevent an increase in flood risk to adjacent people / land / property.

21.  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.

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 withou increasing flood risk to others and to manage the risk of pollution during the construction phase.

22.  In the event that contamination is identified or 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: Toensure thatrisks fromland contaminationto thefuture usersof theland and neighbouringland areminimised, togetherwith thoseto controlledwaters, propertyand ecological systems,and toensure thatthe developmentcan becarried outsafely without unacceptable risks to workers, neighbours and other offsite receptors.

INFORMATIVE

The term ‘commencement of development’, as used within these planning conditions, refers toany development associated with the site excluding the first 20m of access into the site.

INFORMATIVE

The applicant should note that under the terms of theWildlife 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.

INFORMATIVE

The attention of the applicant is drawn to the recommendations made by the Dorset andWiltshire Fire and Rescue Service as outlined within their consultation response to the application, dated16 December2022, and theguidance producedby theNational FireChiefs Council, asreferred to within the Planning practice Guidance on Battery Energy Storage Systems (Paragraph: 034 Reference ID: 5-034-20230814).

INFORMATIVE

The application involves an extension to the existing/creation of a new vehicle access/dropped kerb. The consent hereby granted shall not be construed as authority to carry out works on the highway.The applicantis advisedthat alicence willbe requiredfrom Wiltshire’sHighway

Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway. Please contact our Vehicle Crossing Team on vehicleaccess@wiltshire.gov.ukand/or 01225 713352 or visit their website at http://wiltshire.gov.uk/highways-streetsto make an application.

INFORMATIVE

No gates, fences or stiles should be erected across the public right of way without prior consultation and approval from the Rights of Way team Countryside Access Officer (contact rightsofway@wiltshire.gov.uk) in order to comply with section 147 of the Highways Act 1980. Unauthorised structures across a right of way are an obstruction and gates may only be authorised for the control of stock.

INFORMATIVE

A drainageditch mayneed tobe accommodatedwithin accessdesign proposalswhich runsalong the east side of the Dog Trap Lane and thesite. Advice should be soughtfrom the Land Drainage Team in order to accommodate the ditch appropriately within the access plans. The new access may require a Section 278 highways agreement/permit in order to deliver the access proposals and the ditch crossing.

INFORMATIVE

Wiltshire Council is the land drainage authority under the Land DrainageAct 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.

An ordinary watercourse is a watercourse that does not form part of a main river. The term watercourse includes all rivers and streams and all ditches, drains, cuts, culverts, dikes, sluices, sewers (other than public sewers within the meaning of the Water Industry Act 1991) and passages, through which water flows.

INFORMATIVE

For ProtectedSpecies

There is a risk that protected species (great crested newts / reptiles/ dormice/ bats) could occuron the application site. These species are legally protected and planning permission does not provide a defence against prosecution. In order to minimise the risk of these species occurring on thesite, thedeveloper isadvised toclear vegetationin linewith therecommendations madein the Section 4 of the Ecological Assessment.Embedded in Design Planning and Access Statement – Appendix B – Ecology Assessment V4 (Avian Ecology, 25/09/2021).and as advised thecontracted ecologist. If these species are unexpectedly found during the works, the applicant is advised to stop work and follow advice from the contracted ecologist.