Agenda item

       To receive a report from the Corporate Director, Place.

 

 

Resolved:

 

1. Note the contents of this report.

 

2. Cabinet is concerned about the substantial negative impact of the proposal and lack of detail and information from the applicant and delegates to the Director of Planning and Economy in consultation with the Cabinet Member for Finance, Development Management and Strategic Planning to formalise the additional planning issues raised during the meeting of cabinet on 4 March for submission as part of the consultation

 

3. Agree the proposed response to Island Green Power for this statutory public consultation, including the council’s request that a supplementary public consultation be held, as follows:

 

That Wiltshire Council objects to the application on the following grounds.

 

 

 

 

 

 

 

 

 

 

 

Whilst not opposed to the principle of the development of solar farms in line with the National Planning Policy Framework this Council is increasingly concerned at the concentration of solar farms, battery storage and associated infrastructure in Wiltshire. Some villages are now completely surrounded by solar farms and their continued concentration represents a significant cumulative impact and industrialisation of the countryside.

 

Wiltshire Council therefore calls on the Secretary of State for the Department of Levelling Up, Housing and Communities to define more closely what is meant by ‘cumulative impact’ regarding solar farms, battery storage, and associated infrastructure and to take clear steps to ensure that solar developments are more evenly spread across the UK and not concentrated in specific areas effectively industrialising the countryside. 

 

We would also ask for clarity of the priority given to ensuring that food production and farming are not destroyed as industries in specific areas through an excessive concentration of solar farms given the massive impact that would have on the rural way of life in villages that have been farmed for time immemorial.

 

 

 

                                               i.     Firstly, there would be appreciable environmental and ecological harm caused by the laying of 13 miles of cable across the countryside and the associated works to lay it.  This is only seen as essential because of the location of the farm in relation to the grid link.  This is an unacceptable degree of harm to accommodate what is clearly an unsustainable location for a solar farm.

 

                                             ii.     The fact that there is no local grid connection or potential for a grid connection highlights that the proposed solar farm is in an unsustainable location for the proposed usage.  A solar farm should be located close to a grid connection.  The fact that no evidence can be shown of attempts to locate the farm closer to the grid connection demonstrates that this is being driven by the availability of land for solar development rather than the suitability of land for solar development and on that basis it should be rejected.

 

 

4. Agree the proposed delegated authority provisions outlined below to enable the council to fulfil its statutory duties with regard to the Development Consent Order (DCO) process for this solar farm development scheme.

 

1)    Endorses the response to Public Consultation document, as set out in Appendix 1 subject to amendment in (2), for the purpose of submission to Island Green Power.

2)    Authorises the Director of Planning, Economy and Regeneration, in consultation with the appropriate Cabinet Member(s), to:

 

 

3)    Delegated authority to be granted to the Director of Planning, Economy and Regeneration to prepare the Local Impact Report on behalf of the council and submit to the Planning Inspectorate in accordance with the timetable for the examination process.

 

4)    Delegated authority to be given to the Director of Planning, Economy and Regeneration to make minor amendments to the Local Impact Report to rectify such matters as typographical or grammatical errors.

 

5)    Delegated authority to be given to the Director of Planning, Economy and Regeneration to formally contribute to, agree and sign a statement of common ground to be submitted to the Examining Authority of the Planning Inspectorate in accordance with the timetable for the Examination process and within the terms of the council’s Local Impact Report.

 

6)    Delegated authority to be given to the Director of Planning, Economy and Regeneration to prepare on behalf of the council and submit to the Planning Inspectorate:

 

a.    An adequacy of consultation representation

b.    Representations on the Environmental Statement

c.    A Written Representation on the application.

 

7)    Delegated authority to be given to the Director of Planning, Economy and Regeneration to formally respond to the Examining Authority’s Inspector’s questions in accordance with the timetable for the examination process during the course of the Examination and also to make comment on the submissions of other parties including the Applicant.

 

8)    Delegated authority to be given to the Director of Planning, Economy and Regeneration to formally represent the views of the council at the preliminary meeting, any topic specific hearing and subsequent requirements in accordance with the timetable for the examination process during the course of the Examination, within the terms of the council’s Local Impact Report.

9)    Delegated authority to be given to the Director of Planning, Economy and Regeneration to add formal comments on the draft requirements (conditions) and planning obligations of the Development Consent Order.

 

10)Delegated authority to be given to the Director of Planning, Economy and Regeneration to carry out all non-statutory community benefit negotiations and to make decisions relevant to such negotiations in connection with or arising from the Lime Down Solar Park scheme.

 

11)Delegated authority to be given to the Director of Planning, Economy and Regeneration to carry out all statutory functions of the council under the Planning Act 2008 as both Local Authority and Planning Authority in connection with the Lime Down Solar Park scheme.

 

Reason for Decision:

 

Wiltshire Council is the Host Authority for this NSIP scheme, and one of the key statutory consultees. By providing a detailed response to the scheme’s statutory consultation, the council has an opportunity to influence the scheme’s further development and refinement by the applicant. The council will continue to work with Island Green Power and other key stakeholders to further develop the scheme proposals in advance of the DCO application being submitted.

 

Cllr Nick Botterill, Cabinet Member for Finance, Development Management, and Strategic Planning, presented a report which informed Members of the Lime Down Solar Park scheme proposals and actions by Island Green Power (applicant) since their non-statutory public consultation. To confirm the council’s response to the statutory public consultation and agree the proposed delegated authority provisions to enable the council to fulfil its statutory duties about the Development Consent Order process for this solar farm development.

 

The Leader reported his and other Cabinet member disappointment that following an invitation to attend this meeting to respond to comments and clarify elements of their scheme proposals, Island Green Power were not present. The Leader also explained the process being used to manage consideration of the scheme proposals so that all who wished to speak had that opportunity.

 

The Lime Down Solar Park report was introduced by the Director of Planning, Economy and regeneration. He explained that the Wiltshire Council is the Host Authority for this scheme, designated as a Nationally Significant Infrastructure Project, and one of the key statutory consultees. He noted that providing a detailed response to the scheme’s statutory consultation, the council has an opportunity to influence the scheme’s further development and refinement by the applicant.

 

The Director confirmed that the scheme is being promoted by Island Green Power, the applicant, under the requirements of the Planning Act to secure a Development Consent Order. The scheme is described as a new utility scale solar park and battery energy storage project proposed to be built on land in North Wiltshire. The project would comprise the installation of solar photovoltaic panels and an on-site battery energy storage facility, plus associated development to connect the project into the national grid at Melksham Substation, covering an area of about 2,834 hectares of land. Members noted that the statutory public consultation, launched by Island Green Power on 29 January runs until 19 March 2025, for public and key stakeholders to comment on the proposals and identify any areas of concern or opportunities for further improvement.

 

Cabinet noted that the issues relating to this project are complex and the impacts are broad-ranging and potentially significant, with some impacts being positive and others either neutral or adverse. The Director highlighted a number of concerns and reported that this is a matter for the Secretary of State, rather than Wiltshire Council, to weigh up the competing impacts to arrive at a decision. He suggested that the applicant undertakes a further supplementary public consultation to enable sufficient scrutiny of the cable connection route and its associated impacts.

 

The Cabinet and other members of the Council commented in detail on the scheme and highlighted a number of issues. In particular the following matters were considered:

 

• Disappointment and frustration that the applicant had not responded to the invitation to attend this meeting, indicating a level of disrespect to the Council and residents.

 

• Consideration of alternative sites due to the fragmented nature of the development area and to ensure that the solar panels are located closer to the electricity sub-station.

 

• Site location and its impact on the natural environment, and the potential for alternative locations to be considered such as other less environmentally sensitive locations or making the use of rooftops of warehouses and shopping centres.

 

• Evidence to suggest the applicant delivering 20% biodiversity net gain to accord with the emerging Local Plan (which will be adopted when this scheme is being considered).

 

• Location of battery storage and safety issues relating to potential fires and ground water contamination.

 

• The concentration of Solar Farms/Parks in rural areas and the recent request from the Council to the Secretary of State for the Department of Levelling Up, Housing and Communities to define more closely what is meant by ‘cumulative impact’ regarding solar farms, battery storage, and associated infrastructure.

 

• Significant disruption and environmental damage due to cable routing and replacement of existing landscape.

 

• Detail about the cable routing and potential to consult local residents of surrounding towns and villages.

 

• Safeguarding the future of the agricultural land once the Solar Park is dismantled at the end of its 60 year lifespan.

 

• Increase in spare capacity, connection to and impact on the national grid (including the potential to affect delivery of housing and employment allocations in the emerging Local Plan).

 

• The visual impact created by the Solar Park and Mitigations, including a form of screening, to protect the landscape and adjacent National Landscapes.

 

• Noise created by sub-stations, movement of the solar panels and associated light glare.

 

• Highlighting that 88% of respondents are opposed to the scheme.

 

• Potential impact on tourism and the economy

 

• Lack of ecological surveys and the impact on agricultural land

 

• Insufficient information to assess the Arboricultural impact

 

• The risk of flooding, and need for monitoring and management

 

• The on-going need to maintain the solar panels

 

• The impact on important heritage assets in the vicinity and potential archaeology

 

The Leader welcomed Sir Mike Pitt to the meeting, representing local residents and the ‘Stop Lime Down’ residents’ group. Sir Mike commented on the recent consultation exercise and the difficulty in being able to assess the proposal visually, especially the location of the solar panels, lack of montages, lack of cross sections, lack of information on noise levels. He highlighted the emotional impact on residents attending the consultation once they realised the full extent of the proposals and a number of public meetings had attracted large numbers of residents. Sir Mike thanked Wiltshire Council officers for their very detailed and helpful report and asked if there was an opportunity to increase dialogue with officers. He acknowledged that the document detail was generally comprehensive although the highway and transport areas fell short on this and required strengthening. Sir Mike also commented on the need for national lobbying through Members of Parliament and the potential for the Local Government Association influencing national policy. The Leader confirmed that he was a representative on a number of national organisations, and he would continue to use his influence wherever possible.

 

Cabinet then considered the response to Island Green Power as part of the Statutory consultation process. The Director of Legal and Governance advised Cabinet that any response would be based on pure planning reasons, with comments on non-planning issues being excluded from the Council’s response. It was also suggested that the Cabinet Member for Finance, Development Management and Strategic Planning be included in the delegated authority to formalise the additional planning issues raised during the meeting of cabinet on 4 March for submission as part of the consultation

 

Resolved:

 

1.    Note the contents of this report.

 

2.    Cabinet is concerned about the substantial negative impact of the proposal and lack of detail and information from the applicant and delegates to the Director of Planning and Economy in consultation with the Cabinet Member for Finance, Development Management and Strategic Planning to formalise the additional planning issues raised during the meeting of cabinet on 4 March for submission as part of the consultation

 

3.    Agree the proposed response to Island Green Power for this statutory public consultation, including the council’s request that a supplementary public consultation be held, as follows:

 

That Wiltshire Council objects to the application on the following grounds.

 

a.    The site contains 30% best and most versatile agricultural land.  Both Core Policy 42 of Wiltshire Core Strategy and Core Policy 86 of the new Wiltshire Local Plan state that Best and Most Versatile land should not be used.  Equally the NPPF para 187 emphasise the same point in bullet b).  There is no evidence that the applicant has looked for other potential sites for the provision of the solar farm to avoid the use of BMV land as required in order to justify it’s use.

 

b.    Cumulative impact.  Whilst cumulative impact is not clearly defined in the NPPF there is a clear need to take into account the cumulative impact of renewable energy provision.  Lime Down in itself represents a proposal that we feel goes far beyond a reasonable test for cumulative impact.  To see that much farmland converted and the essential industrialisation of the countryside on that scale definitely, in the Council’s view, goes beyond any reasonable cumulative impact and provides good grounds for refusal.

 

c.    The site abuts the South Costwolds National Landscape and views out from the landscape would be impacted.  As such the scale and cumulative impact of the site are relevant not just to local residents but also in relation to the protected landscape.

 

d.    The site sits in the Bristol Avon Corridor as defined in the Wiltshire Green Blue Infrastructure Plan.  It would take a significant part of that corridor, converting it from open farmland to a more enclosed and less diverse landscape.  This could potentially effect the Avon catchment area and ecology.  As such the scale of the proposal would potentially cause significant harm to an important part of the BGI plan.

 

e.    The applicant wishes to deliver 10% Bio Diversity Net Gain.  In the revised local plan this would need to be 20% to meet the local plan targets.  There is however no evidence supplied to demonstrate how this uplift could be achieved when the land use will be modified grassland and there is no clear baseline for net gain as things stand.  Unless the applicant can clearly demonstrate how 20% net gain can be delivered and from what baseline, the application should not be able to proceed.

 

f.      There are significant outstanding concerns regarding species of concern including bats, ground nesting birds, brown hares, great crested newts and white clawed crayfish.  As things stand there are serious concerns around the protection of those species which would mean that the planning application could not be approved until they are overcome.  There is a specific issue regarding grazing on the site.  The assessment from the developer is that it is assumed there would be no grazing during the operation of the solar park however the new local plan policy 86 bullet h requires that grazing is carried our in areas with defined bat sustenance zones.

 

g.    There is no assurance that resident’s amenity would not be detrimentally impacted by the noise from the operation of the site.  This is also a reason for refusal given the motorised nature of the large solar units

 

h.    Further to residents amenity, the applicant accepts that there is no way to screen the solar site especially given its scale and the elevation of land on which it is based.  Given the height of the solar panels such screening would require the planning of fast growing, non native trees to provide any screening which would itself be inappropriate in the setting of North Wiltshire.  The inability to screen the site will  result in substantial amenity harm and is a reason for refusal.

 

i.      Given the amenity issues highlighted we are concerned that the effective ‘industrialisation’ of the countryside could result in further impact on residents in terms of mental health in what has always been a rural setting.

 

j.      The recent motion passed by Wiltshire Council regarding solar farms states

 

Whilst not opposed to the principle of the development of solar farms in line with the National Planning Policy Framework this Council is increasingly concerned at the concentration of solar farms, battery storage and associated infrastructure in Wiltshire. Some villages are now completely surrounded by solar farms and their continued concentration represents a significant cumulative impact and industrialisation of the countryside.

Wiltshire Council therefore calls on the Secretary of State for the Department of Levelling Up, Housing and Communities to define more closely what is meant by ‘cumulative impact’ regarding solar farms, battery storage, and associated infrastructure and to take clear steps to ensure that solar developments are more evenly spread across the UK and not concentrated in specific areas effectively industrialising the countryside. 

 

We would also ask for clarity of the priority given to ensuring that food production and farming are not destroyed as industries in specific areas through an excessive concentration of solar farms given the massive impact that would have on the rural way of life in villages that have been farmed for time immemorial.

 

k.    This application does not address the concerns raised in that motion and needs to do so in order to be acceptable in planning terms.

 

l.      The grid connection for the site is 13 miles away from the solar farm itself.  This highlights two serious concerns:

 

                                               i.     Firstly, there would be appreciable environmental and ecological harm caused by the laying of 13 miles of cable across the countryside and the associated works to lay it.  This is only seen as essential because of the location of the farm in relation to the grid link.  This is an unacceptable degree of harm to accommodate what is clearly an unsustainable location for a solar farm.

 

                                             ii.     The fact that there is no local grid connection or potential for a grid connection highlights that the proposed solar farm is in an unsustainable location for the proposed usage.  A solar farm should be located close to a grid connection.  The fact that no evidence can be shown of attempts to locate the farm closer to the grid connection demonstrates that this is being driven by the availability of land for solar development rather than the suitability of land for solar development and on that basis it should be rejected.

 

m.  The grid capacity absorbed by the solar farm puts at significant risk the ability to deliver the local plan which proposed a large amount of housing in the surrounding area which will also require grid connections.  Given government’s clear directive to deliver more housing the solar farm should not even be considered until suitable increases in grid capacity enable it to be considered alongside demands of housing and industry.

 

4.    Agree the proposed delegated authority provisions outlined below to enable the council to fulfil its statutory duties with regard to the Development Consent Order (DCO) process for this solar farm development scheme.

 

1)    Endorses the response to Public Consultation document, as set out in Appendix 1 subject to amendment in (2), for the purpose of submission to Island Green Power.

2)    Authorises the Director of Planning, Economy and Regeneration, in consultation with the appropriate Cabinet Member(s), to:

 

a.    Finalise the consultation documents and make any necessary minor changes in the interests of clarity and accuracy before they are submitted to Island Green Power as the council’s formal consultation response;

b.    Make arrangements for any subsequent consultation responses that may be requested by Island Green Power; and

c.    Respond to any queries that may arise as a result of the submission of this consultation response.

 

3)    Delegated authority to be granted to the Director of Planning, Economy and Regeneration to prepare the Local Impact Report on behalf of the council and submit to the Planning Inspectorate in accordance with the timetable for the examination process.

 

4)    Delegated authority to be given to the Director of Planning, Economy and Regeneration to make minor amendments to the Local Impact Report to rectify such matters as typographical or grammatical errors.

 

5)    Delegated authority to be given to the Director of Planning, Economy and Regeneration to formally contribute to, agree and sign a statement of common ground to be submitted to the Examining Authority of the Planning Inspectorate in accordance with the timetable for the Examination process and within the terms of the council’s Local Impact Report.

 

6)    Delegated authority to be given to the Director of Planning, Economy and Regeneration to prepare on behalf of the council and submit to the Planning Inspectorate:

 

a.    An adequacy of consultation representation

b.    Representations on the Environmental Statement

c.    A Written Representation on the application.

 

7)    Delegated authority to be given to the Director of Planning, Economy and Regeneration to formally respond to the Examining Authority’s Inspector’s questions in accordance with the timetable for the examination process during the course of the Examination and also to make comment on the submissions of other parties including the Applicant.

 

8)    Delegated authority to be given to the Director of Planning, Economy and Regeneration to formally represent the views of the council at the preliminary meeting, any topic specific hearing and subsequent requirements in accordance with the timetable for the examination process during the course of the Examination, within the terms of the council’s Local Impact Report.

9)    Delegated authority to be given to the Director of Planning, Economy and Regeneration to add formal comments on the draft requirements (conditions) and planning obligations of the Development Consent Order.

 

10)Delegated authority to be given to the Director of Planning, Economy and Regeneration to carry out all non-statutory community benefit negotiations and to make decisions relevant to such negotiations in connection with or arising from the Lime Down Solar Park scheme.

 

11)Delegated authority to be given to the Director of Planning, Economy and Regeneration to carry out all statutory functions of the council under the Planning Act 2008 as both Local Authority and Planning Authority in connection with the Lime Down Solar Park scheme.

 

Reason for Decision:

 

Wiltshire Council is the Host Authority for this NSIP scheme, and one of the key statutory consultees. By providing a detailed response to the scheme’s statutory consultation, the council has an opportunity to influence the scheme’s further development and refinement by the applicant. The council will continue to work with Island Green Power and other key stakeholders to further develop the scheme proposals in advance of the DCO application being submitted.