Agenda item

Solar Park and Energy Storage Facility together with associated works, equipment and necessary infrastructure.

Public Participation

No members of the public had registered to read a statement.

 

Adrian Walker, as Planning Manager, introduced the report which recommended that the application for a Solar Park and Energy Storage Facility together with associated works, equipment and necessary infrastructure be approved, subject to conditions.

 

Several slides were shown to the Committee (published in agenda supplement 2) detailing the site and application which comprised approximately 13 hectares of agricultural fields with the South-West site boundary being identified alongside the mainline railway line (Cheltenham to London). The site access at Crossing Lane was also highlighted, as was the proposed grid connection location on the other side of Crossing Lane.

 

The wider context of the site was shown and explained, with the Clattinger Farm Site of Special Scientific Interest (SSSI) and Special Area of Conservation (SAC) being highlighted, respectively measured at 600m to the North and the Acres Farm Meadow SSSI being approximately 760m to the East.

 

The Committee then heard about a number of recent permitted applications for solar farms and battery storage in the wider local area, which were detailed in the Committee report and shown on a slide being identified as generally around the Minety Substation to the south of the application.

 

The land classification for the site was detailed, with 4.4 hectares being grade 3a agricultural land (good quality) and 6.3 hectares being grade 3b agricultural land (of moderate quality). Members were reminded that Grade 1, 2 and 3a land were considered to be the best and most versatile agricultural land, so about 40% of the site (at grade 3a) was considered that.

 

The Committee was the informed of the site layout, with ancillary structures and infrastructure located in the middle of the site. The proposed solar panels would be fixed at an angle of 10-20 degrees and would be about 3m tall, and the proposal included the necessary underground cable routing to connect to the facility to the nearby energy substation.

 

Members were informed the application was temporary in nature, for a 40-year period.

 

The officer furthermore advised Members that the application had been received prior to the mandatory 10% Biodiversity Net Gain (BNG) requirement being implemented. However, the applicant included information and plans to increase biodiversity, through providing an onsite pond and planting new hedgerows to beef up the hedgerows which already existed, as well as providing bird and bat boxes. There would be a minimum 10m buffer from the solar panels to the edge of the site which could be used by animals for habitat connectivity. All fencing would have mammal gates, and views from various directions around the site were shown to Members. 

 

Members of the Committee then had the opportunity to ask technical questions of the officer, and details were sought on the loss of the 3a grade agricultural land, when previous guidance had sought to make use of grade 3b or lesser quality land for solar farms.

 

In response, the officer stated that this had been taken into consideration, and the recommendation was to focus these types of development away from the best and most versatile agricultural land, and in noting that about 40% of this site was grade 3a and being the lowest type of best and most versatile land, it was nevertheless a material consideration. Having said that, Members were advised the application was temporary in nature, and the land would be returned to farming in 40 years’ time. It was furthermore explained that the amount of 3a grade land that would be taken out of active agricultural use was a relatively small area and would not severely impact farming in the area. So, it was felt that the benefits of delivering this green energy proposal would outweigh the harm created by the small loss of best and most versatile land.

 

Further questions were asked about the Energy Storage Containers; and whether animals such as sheep would be allowed to graze around the panels; who owned the land where the cabling would go through; and the extent of visibility of the site from footpaths.

 

It was noted that the Energy Storage Containers had conditions attached to them; and the officer advised that the site would not be used for grazing but would however increase biodiversity; and the visual impact of the application was limited.  It was also confirmed that the applicant had identified the local substation by Crossing Lane for the grid connection rather than connect to the Minety substation, which was located further away.

 

No members of the public had registered to speak regarding the application.

 

The unitary division member, Cllr Chuck Berry (Minety Division) then spoke regarding the application. Cllr Berry highlighted that there were many solar farms in the North of Wiltshire, and particularly near Minety.  From reviewing the application details, he observed that this was not the worst proposal that he had seen, but did note that it would be close to a former tile factory and that there was lots of history around the site and wanted the archaeological aspects to be considered.

 

Likewise, he wanted to ensure that the culvert which ran under the railway line would not be negatively affected by the solar farm development. The Cllr further highlighted that the site was not close to any residential properties but would be seen from the train line. He understood the need to do what we could for the climate, and in summary, he did not have any major issues with the application but had called the application in regarding the cumulative impacts of the solar farms in the locality, and the archaeological and drainage issues, so he wanted Members to consider it carefully.

 

In response the officer explained that a flood risk assessment and surface water strategy had been submitted with the application, and these had been looked at and condition 18 would ensure the development was implemented on an acceptable basis, alongside censuring there was clear arrangements for the ownership and ongoing maintenance of the ditch network, and to ensure the culvert remained effective at accepting flows for the lifetime of the development which addressed the drainage matters of concern.   

 

Cllr Jonathon Seed then proposed the officer recommendation to approve with conditions, which was seconded by Cllr Adrian Foster.

 

A debate followed whereby some Members stated that they were not comfortable that some of the site was on 3a agricultural land, which was considered best and most versatile, and it was hoped that planners would note this and consider this when considering solar farm applications in the future. The officer highlighted that they did take into account of this matter and also were informed by planning inspectorate decisions when considering the weighting to be afforded to grade 3a land for example as part of the planning balance when considering a renewable energy development. The direction of travel seemed to be that the benefits of solar farms, in terms of green energy generation and becoming carbon neutral outweighed the harm caused by losing a smaller proportion of best and most versatile land.

 

Following the debate the motion was put to the vote, and it was,

  

Resolved:

 

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 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 40years 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. A decommissioning and restoration plan must be submitted to and agreed with the council a minimum of 12 months prior to decommissioning. The plan will supported by an impact assessment based on up to date baseline survey and carried out according to the current guidelines. It must set out clear aims of restoration to benefit key habitats and species.

 

REASON: In the interests of amenity, ecology 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:

 

• Drawing ref. P20-2372_EN_01 Rev. A – Site Location Plan
• Drawing ref. P20-2372_11 Rev. B – Detailed Planting and Layout Plan
• Drawing ref. 5636_T0205_03 – Site Layout and Planting Proposals
• Drawing ref. 5636_T0207_01 – Solar Module Elevation
• Drawing ref. 5636_T0208_01 – Transformer / Inverter Container Elevation 
• Drawing ref. 5636_T0209_0 – Control Room / DNO Substation Elevation
• Drawing ref. 5636_T0210_0 – CCTV and Fence Detail
• Drawing ref. 5636_T0211_0 – Energy Storage Container Elevation
• Drawing ref. 5328 Sheet 1 of 3 – Topographical Survey
• Drawing ref. 5328 Sheet 2 of 3 – Topographical Survey
• Drawing ref. 5328 Sheet 3 of 3 – Topographical Survey

 

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

 

4.    The development will be carried out in strict accordance with the following documents:

·       Mitigation Plan (September).

·       Mitigation and enhancement detailed in Cooles Farm Solar Park Land Northwest of Crossing Lan Lower Morr, Minety Wiltshire. Phase II Detailed Ecological Surveys and Assessment. (Five Valleys Ecology, 21 October 2022)

·       Detailed Planting and Layout Plan. Cooles Farm Solar. DWG No: 5636_T0212_01 Rev:C

 

REASON: For the avoidance of doubt and for the protection, mitigation and enhancement of biodiversity.

 

5.    Notwithstanding the details shown on the approved plans, no development shall commence on 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 of the development.

 

REASON: In the interests of visual amenity and the character and appearance of the area.

 

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 or light-coloured materials / finishes on containers and battery storage units or other infrastructure elements must be avoided, set against dark landscape backdrops of woodland and trees etc. The proposed ‘Signal White ‘(RAL 9003) colour finish for the Energy Storage Containers must be changed to a less visually contrasting/jarring neutral darker colour, which would not visually contrast with the darker landscape background of trees and hedgerows etc.

 

6.    No development shall commence on site until a scheme for mitigating the effects of noise from the development hereby approved, as recommended within the Noise Assessment (September 2023) by Hoare Lea, and an updated Noise Assessment to confirm the predicted noise levels emitted from the development with mitigation measures are within an acceptable range i.e. the development shall not at any time exceed the prevailing background noise level at any residential dwelling, has been submitted to and approved by the Local Planning Authority. All works comprised in the approved scheme shall be completed before any part of the development is first brought into use.

 

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 minimise the disturbance which that could otherwise be caused to the residents of neighbouring properties by noise generated from the development.

 

7.    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 approved by condition 5 of this permission and be 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 shall be implemented and thereafter be permanently retained.

 

Reason: To protect local amenity from adverse effects of noise.

 

8.    No demolition, site clearance or development shall commence on site until an Arboricultural Method Statement (AMS) prepared by an arboricultural consultant providing comprehensive details of construction works in relation to trees has been submitted to, and approved in writing by, the Local Planning Authority. All works shall subsequently be carried out in strict accordance with the approved details. In particular, the method statement must provide the following: 

• A specification for protective fencing to trees during the construction phases which complies with BS5837:2013 and a plan indicating the alignment of the protective fencing;
• A specification for any ground protection within tree protection zones in accordance with British Standard 5837: 2012;
• A schedule of tree works conforming to British Standard 3998: 2010;
• Details of general arboricultural matters such as the area for storage of materials, concrete mixing and use of fires;
• Plans and particulars showing the layout of below ground infrastructure within tree protection zones
• A full specification for the construction of any arboriculturally sensitive structures and sections through them
• Details of all other activities, which have implications for trees on or adjacent to the site.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and 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, 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.

 

9.    The proposed soft landscaping scheme, as shown on the Detailed Planting Layout Plan (drawing no.P20-2372_11 Rev.B), 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.

 

10.No development shall commence on site until:

 

a) A written programme of archaeological investigation, which should include on-site work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved by the Local Planning Authority; and

 

b) The approved programme of archaeological work has been carried out in accordance with the approved details.

 

REASON: To enable the recording of any matters of archaeological interest

 

11.Prior to the commencement of works, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, a Construction Ecological Management Plan (CEMP) 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 around trees with bat roost potential.

b)    Working method statements for protected/priority species, such as nesting birds, amphibians, roosting bats 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 shall be carried out in strict accordance with the approved 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.A Landscape and Ecological Management Plan (LEMP) shall be submitted to, and approved in writing by, the Local Planning Authority before commencement of the development. The content of the LEMP shall include, but not necessarily be limited to, the following information:

 

a.    Description and evaluation of features to be managed;

b.    Landscape and ecological trends and constraints on site that might influence management;

c.    Aims and objectives of management;

d.    Appropriate management options for achieving aims and objectives;

e.    Prescriptions for management actions;

f.      Preparation of a work schedule (including an annual work plan capable of being rolled forward over an 25 year period;

g.    Details of the body or organisation responsible for implementation of the plan;

h.    Ongoing monitoring and remedial measures;

i.      Details of how the aims and objectives of the LEMP will be communicated to future occupiers of the development.

 

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body/ies responsible for its delivery.

 

The plan shall also set out (where the results from monitoring show that the conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented.

 

The LEMP shall be implemented in full in accordance with the approved details.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and 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 adequate protection, mitigation and compensation for protected species, and to ensure successful establishment and management of new mitigation planting proposals and the appropriate future management of retained hedgerows and woodland areas necessary to maintain a satisfactory landscape screening function for the life of the development.

 

13.Notwithstanding the detail within the Construction Traffic Management Plan (CTMP) (October 2022) by Pegasus, no development shall commence until a full and final 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:

 

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.

 

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.

 

14.No development shall commence until a pre-construction highway photographic survey to be carried out along the sections of highway of Ashton Road, Sawyers Hill and Crossing Lane to the access to the application site 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 submitted to 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: To secure a scheme for the repair of the public highway following completion of substantive construction works

 

15.No development shall commence on site until the first 20m of the access track from its junction with Crossing Lane, 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: In the interests of highway safety

 

16.No development shall commence on site until the visibility splays shown on the drawing ref. P-20-2372 Figure 3.2 Proposed 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: In the interests of highway safety.

 

17.No external light fixture or fitting will be installed within the application site unless details of existing and proposed new lighting have been submitted to and approved by the Local Planning Authority in writing. The submitted details will demonstrate how the proposed lighting will impact on bat habitat compared to the existing situation. The plans will be in accordance with the appropriate Environmental Zone standards set out by the Institution of Lighting Professionals (ILP) Guidance Notes on the Avoidance of Obtrusive Light (GN 01/2021) and Guidance note GN08/23 “Bats and artificial lighting at night”, issued by the Bat Conservation Trust and Institution of Lighting Professionals. Illumination levels shall not exceed those specified for Environmental Zone 1 as set out by the Institute of Lighting Engineers in their publication "Guidance Notes for the Reduction of Obtrusive Light" (ILE, 2005)"

 

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, to minimise unnecessary light spillage above and outside the development site and to avoid illumination of habitat used by bats.

 

18.Notwithstanding the contents of the Flood Risk Assessment & Surface Water Strategy (October 2022) by Pegasus, no development shall commence on site until full details of the proposed 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.

 

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 final surface water drainage scheme will be required to address all points within the consultation response of the Lead Local Flood Authority, dated 20/02/2022, namely:-

-       The applicant must provide capacity and condition assessments for the drainage ditches to ensure they are of sufficient condition to accept incoming flows.

-       The applicant shall submit clear arrangements for the ownership and ongoing maintenance of the ditch network, to ensure this remains effective at accepting flows for the lifetime of the development.

 

INFORMATIVE

The attention of the applicant is drawn to the following advice and guidance from Network Rail:

 

SAFETY

Any works on this land will need to be undertaken following engagement with Asset Protection to determine the interface with Network Rail assets, buried or otherwise and by entering into a Basis Asset Protection Agreement, if required, with a minimum of 3months notice before works start. Initially the outside party should contact assetprotectionwestern@networkrail.co.uk.

 

DRAINAGE

Soakaways / attenuation ponds / septic tanks etc, as a means of storm/surface water disposal must not be constructed near/within 5 metres of Network Rail’s boundary or at any point which could adversely affect the stability of Network Rail’s property/infrastructure. Storm/surface water must not be discharged onto Network Rail’s property or into Network Rail’s culverts or drains. Network Rail’s drainage system(s) are not to be compromised by any work(s). Suitable drainage or other works must be provided and maintained by the Developer to prevent surface water flows or run-off onto Network Rail’s property / infrastructure. Ground levels – if altered, to be such that water flows away from the railway. Drainage does not show up on Buried service checks.

 

ACCESS TO RAILWAY

All roads, paths or ways providing access to any part of the railway undertaker’s land shall be kept open at all times during and after the development. NR wish to retain their rights of access to our culvert as SWM1 87 24ch.

 

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.

 

INFORMATIVE

The attention of the applicant is drawn to the recommendations made by the Dorset and Wiltshire Fire and Rescue Service as outlined within their consultation response to the application, dated 16 December 2022, and the guidance produced by the National Fire Chiefs Council, as referred to within the Planning practice Guidance on Battery Energy Storage Systems (Paragraph: 034 Reference ID: 5-034-20230814).

 

INFORMATIVE

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.

 

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

Please be advised that nothing in this permission shall authorise the diversion, obstruction, or stopping up of any right of way that crosses the site.

 

INFORMATIVE

The applicant should note that under the terms of the Wildlife and Countryside Act (1981) and the Conservation of Habitats and Species Regulations 2017 (as amended) it is an offence to disturb or harm any protected species including for example, breeding birds and reptiles. The protection offered to some species such as bats, extends beyond the individual animals to the places they use for shelter or resting. 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.

 

Cllr Ernie Clark requested that his vote be recorded.

 

Cllr Clark voted against the motion to approve.