Agenda item

The planning officer, Mathew Pearson, introduced the report and outlined that the application was for the proposed construction of a Solar Farm, comprising Solar Arrays, Inverters, Transformers, Equipment Housing, Security Fencing, CCTV Cameras, Internal Tracks and Ancillary Equipment. He explained that the proposed construction was for a 4.5 megawatt solar farm on 2 fields, measuring approximately 9.2 hectares. It was noted that the PROW would be retained on its current line. Photographs, a map of the area, as well as a map of the proposed cable routings were shown. It was highlighted that National Policy fundamentally supported renewable energy projects and that the proposed site for the solar farm had not been deemed the most versatile or highest quality agricultural land. Mr Pearson noted that the public benefit to the solar farm, as well as the national policy directive, outweighed the loss of the agricultural land and the less than substantial harm to the setting of the adjacent listed building. 

 

Attention was drawn to the late list of observations provided with the agenda supplement. Mr Pearson detailed that Wiltshire Council was not aware of any brownfield land that would be suitable for the development and that the neighbour notification process for the Planning Application went over and above that required by the Town and Country Planning Act.

 

In response to technical questions, it was confirmed that the solar farm would be in operation for 30 years and, once this period expired, it would be returned to its former state. Some members raised concern about the agreement of a Construction Management Plan and a Traffic Management Plan. Mr Pearson drew attention to condition 13 of the application and advised that point 5 of condition 13 could be amended to request that a compound for construction vehicles be used and noted that development of the site would be unable to commence, until both a Construction Traffic Management Plan and a means of access had been finalised. It was highlighted that Highways Officers had stated that any damage that may be caused to Minety’s roads as a result of the development, would have to be repaired.

 

Nicola Dow spoke against the application. James Wallwork spoke in support of the application.

 

Cllr Cook (Minety Parish Council) spoke against the application.

 

Cllr Berry spoke in his capacity as the local division member.

 

In the debate that followed, several points were raised, which included: that the proposed development site was renowned for flooding; that the proposed construction plan could be further improved; that there was an over provision of solar energy in the UK; that the highway network in Minety was not deemed suitable for HGVs; that the proposed cabling route was not deemed feasible; that the safety of the public needed to be determined, if members of the public were to access the PROW within the field.

 

Cllr Sturgis proposed, seconded by Cllr Chivers, that the application be deferred and brought back to the Committee as soon as reasonably possible, once additional information relating to the following issues had been explored and submitted to the Council for consideration:

1. Flooding – further information required on working of swales and land drainage issues upon decommission. Specifically the effect of piling to erect the panels and method of repairing underground drainage system on decommissioning.
2. Detail access drawings showing visibility splays and treatment of the brook and details of any culvert.
3. Full Construction Management Transport Plan including details of delivery procedures and any compounds on the site (to include details of permanent and temporary tracks with quantities of materials).
4. Details of realistic proposed routes for cable and connection to national grid.
5. Confirmation that there will be no raising of ground level within the site
6. Further details that the right of way will be retained and safe access will be provided for the public.

 

The motion was put to the vote and passed.

 

Resolved:

 

That the application be deferred and brought back to the Committee as soon as reasonably possible, once the following additional information has been submitted to the Council and considered by officers and local residents:

 

1.     Flooding – further information required on working of swales and land drainage issues upon decommission. Specifically the effect of piling to erect the panels and method of repairing underground drainage system on decommissioning.

2.     Detail access drawings showing visibility splays and treatment of the brook and details of any culvert.

3.     Full Construction Management Transport Plan including details of delivery procedures and any compounds on the site (to include details of permanent and temporary tracks with quantities of materials).

4.     Details of realistic proposed routes for cable and connection to national grid.

5.     Confirmation that there will be no raising of ground level within the site

6.     Further details that the right of way will be retained and safe access will be provided for the public.

 

 

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 development hereby permitted shall be carried out in accordance with the following approved plans:

Plans

Location Plan Drawing No: D03 (July 2015)

Array Cross Section Plan Drawing No: D04 (July 2015)

Prefabricated Housing DNO Switchgear Plan Drawing No: D05 (July 2015)

CCTV Pole Elevation Plan Drawing No: D06 (July 2015)

Fence 7 Gate Elevation Plan Drawing No: D07 (July 2015)

Inverter & Transformer Elevation Plan Drawing No: D08 (July 2015)

Substation Elevation Plan Drawing No: D09 (July 2015)

Satellite Pole Elevation plan Drawing No: D10 (July 2015)

Storage Container Elevation Plan Drawing No: D11 (July 2015)

Cable Route Plan Drawing No: D12 (July 2015)

Reports

Habitat and Species Report by Windrush Ecology Nov 2015

Planning Statement by DLP Planning July 2015

Flood Risk Assessment by H2O July 2015

Landscape and Visual Impact Assessment by Sightline Landscape July 2015

Design and Access Statement By DLP Planning July 2015

 

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

 

3        No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:-

•         location and current canopy spread of all existing trees and hedgerows on the land;

•         full details of any to be retained, together with measures for their protection in the course of development;

•         a detailed planting specification showing all plant species, supply and planting sizes and planting densities;

•         finished levels and contours;

•         means of enclosure;

•         car park layouts;

•         other vehicle and pedestrian access and circulation areas;

•         all hard and soft surfacing materials;

•         minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc);

•         proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports 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 a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

4        All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the commencement of development;  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.

 

5        The mitigation measures of SUDs and a Scrape detailed in the approved Flood Risk Assessment (FRA) [July 2015 / J-5489-CFM / H2OK] shall be carried out in full prior to the first bringing into use of the development in accordance with the approved timetable detailed in the FRA.

 

REASON: In the interests of flood prevention.

 

6        The mitigation measures in accordance with the recommendations of the submitted Habitat and Species Assessment (November 2015/ Windrush Ecology 2015) shall be carried out in full prior to the first bringing into use of the development in accordance with the approved timetable detailed in the Ecological Assessment.

 

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

 

7        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 30 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 mechanisms 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 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, priority

 

8        No development shall commence on site (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP shall include, but not necessarily be limited to, the following:

a)       Risk assessment of potentially damaging construction activities

b)       Identification of 'biodiversity protection zones'

c)       Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements)

d)       The location and timing of sensitive works to avoid harm to biodiversity features including

"         Protection measures for hedgerow, woodland and other habitat features

"         Methods to avoid and minimise impacts on retained grassland;

"         A Precautionary Method of Working for the protection of great crested newts/amphibians, including timing of construction works (November-March inclusive);

"         Prevention of pollution to watercourses;

"         Pre-commencement bat surveys of the mature willow tree

"         Measures to avoid impacts upon breeding birds and their nests

e)       The times during construction when specialists ecologists need to be present on site to oversee works

f)        Responsible persons and lines of communication

g)       The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person(s)

h)       Use of protective fences, exclusion barriers and warning signs.

i)        Ongoing monitoring, including compliance checks by a competent person(s) during construction and immediately post-completion of construction works.

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

A report prepared by a competent person(s), certifying that the required mitigation and/or compensation measures identified in the CEMP have been completed to their satisfaction, shall be submitted to the Local Planning Authority within 3 months of the date of substantial completion of the development or at the end of the next available planting season, whichever is the sooner.

 

REASON: To ensure adequate protection, mitigation and compensation for protected species, priority species and priority habitats.

 

9        No development shall commence on site until details of the external finish and colour, including any paint to be used externally on the Fencing, Security Cameras, Inverter Substation, DNO Connection Substation, Auxiliary Transformer and Connection Substation 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.

 

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

 

10      No development shall commence on site until full details of the proposed cable route have been submitted and approved in writing by the Local Planning Authority. This will include any details of access and works to third party/public land. The permitted development will only provide a single access route as identified in the scheme.

 

REASON: In the interests of amenity and to protect from unnecessary noise and disturbance from the site.

 

11      No development shall commence on site until details of demonstrating visibility splays of 2.4m by 43m in both directions have been provided. Such splays shall thereafter be permanently maintained free from obstruction to vision.

 

REASON: In the interests of highway safety.

 

12      A condition survey of the highway network relating to the access routes to the site (between the B4969 at its junction with the Ashton Road and Ashton Road and Sawyers Hill at its junction with B4040) shall be carried out prior to the commencement of the works, the survey shall be carried out by the applicant in conjunction with the highway authority, in compliance with Section 59 of the Highways Act, to ensure that as a result of the proposal the existing condition of the highway network is maintained. This shall be submitted to an approved in writing by the local planning authority prior to the commencement of development.  If as a result of the construction phase damage to the highway network has been identified, within 3 months of the identification of the damage, the works shall be remedied.

 

REASON:  In the interests of maintaining the existing condition of the highway network

 

13      A 'Construction Traffic Management Plan' shall be submitted and approved in writing by the LPA prior to commencement of development. The details shall include:

1.       Deliveries from HGVs shall take place between the hours of 10am-3.30pm. To avoid the peak hour traffic conditions on the A3102 in this location.

2.       Wheel washing facilities and measures to prevent mud and other debris entering highway.

3.       Signage / traffic management in relation to construction of the access.

4.       Details of banksman to manage all HGV deliveries.

5.       A programme shall for all HGV deliveries to ensure that there is no stacking on the highway or adjacent network.

Development shall be carried out in accordance with the approved details prior to the development being first brought into use.

 

REASON:  In the interests of Highway safety

 

14      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 spillage in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Engineers in their publication "Guidance Notes for the Reduction of Obtrusive Light" (ILE, 2005)", 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.

 

15      The detailed landscaping plans to be submitted pursuant to condition no. 3 shall include a plan at not less than 1:200 scale, showing the position of any trees proposed to be retained and the positions and routes of all proposed and existing pipes, drains, sewers, and public services, including gas, electricity, telephone and water. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order, 1995 (or of any Order revoking and re-enacting or amending that Order with or without modification), no services shall be dug or laid into the ground other than in accordance with the approved details.

 

REASON: To ensure the retention of trees on the site in the interests of visual amenity.

 

16      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 a Tree Protection Plan showing the exact position of each tree/s and their protective fencing in accordance with British Standard 5837: 2012: "Trees in Relation to Design, Demolition and Construction -Recommendations"; has been submitted to and approved in writing by the Local Planning Authority, and; The protective fencing shall be erected in accordance with the approved details. 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 practise.

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

No fires shall be lit within 15 metres of the furthest extent of the canopy of any retained trees or hedgerows or adjoining land and no concrete, oil, cement, bitumen or other chemicals shall be mixed or stored within 10 metres of the trunk of any tree or group of trees to be retained on the site or adjoining land.

[In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs above shall have effect until the expiration of five years]

 

17      Following completion of Construction no materials, goods, plant, machinery, equipment, finished or unfinished products/parts of any description, skips, crates, containers, waste or any other item whatsoever shall be placed, stacked, deposited or stored outside any building on the site.

 

REASON:  In the interests of the appearance of the site and the amenities of the area.

 

18      The Local Planning Authority shall be notified in writing within one month of the event that the solar array hereby approved has started to feed electricity to the Grid. The installation hereby approved shall be permanently removed from the site and the surface reinstated within 31 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 the interests of amenity and the finite operation of this type of development.

 

19      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 Local Planning Authority, the details of which shall include how the land will be restored back to fully agricultural use upon the development no longer being in operation or upon the expiry date of 30 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

 

INFORMATIVE TO APPLICANT:

 

Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

 

INFORMATIVE TO APPLICANT:

 

The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence.

If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.