Development Management Planning and Regeneration Service

Strategic Planning Committee Report 14 March 2012

Application number: PA12/ 11024 Site address: Trehawke Barton, Blunts, , , PL14 3RH Construction of solar photovoltaic park with attendant Proposal: infrastructure (generating up to approximately 9.6MW over an area of approximately 21.2ha) Parish: Applicant: KS SPV20 Ltd. Target date for decision: 22 February 2013 The scale of the renewable energy development (9.6MW Reason for application over an area of 21.2ha) is above the threshold for being called to Committee: delegated decisions. Departure: No Electoral Division: Menheniot Electoral Division Member: Bernie Ellis CC Case Officer Mark Evans http://planning.cornwall.gov.uk:8181/rpp/index.asp?ca Link to view documents: seref=PA12/10939 RECOMMENDATION: APPROVAL subject to conditions

Summary:

The proposed development, subject to the recommended conditions, is considered acceptable with regard to location, design and siting, its impact on the landscape character of the area, with regard to the impact on ecology and wildlife, highway safety, flooding and drainage, residential amenity of nearby properties and with regard to all other material considerations. Subject to the receipt of further information in respect to the impact upon heritage assets within the site and in the surrounding area it is considered that the positive contribution of the scheme to the provision of renewable energy and farm diversification, on land that is not the best and most versatile agricultural land, is considered to outweigh any limited harm that will arise as a result of the development as conditioned. While permanent development may not ordinarily be appropriate within the open countryside, the current application seeks consent for a temporary period of 25 years, and a condition to this affect is recommended should consent be granted. Therefore, it is considered that the proposed development would accord with the relevant national and local policy guidance referred to in this report. The land would be capable of being grazed by livestock post development.

Site description:

1. The application site consists of agricultural land totalling approximately 21.2ha (52 acres). The majority of the land is permanent pasture. The land forms both north and south facing valley sides falling into the centre of the site and then in an easterly direction between Trehawke and Pathada woods into the Tiddy river valley network (112m AOD – 63m AOD). The internal field boundaries do not contain particularly well established hedges though the perimeter vegetation particularly abutting the country lane to the south is substantial.

2. The site falls wholly within the Parish of Menheniot, but lies 500m from the boundary with Parish, and 560m from the boundary with St. Germans Parish. The latter boundary (to the south), marks the electoral divisions of Menheniot and St Germans. There are sporadic dwellings in the countryside surrounding the site including Fardell (about 100m to the south east), Trehawke Barton (inc annex) opposite side of road to south, and a cluster of dwellings around Doddy Cross about 300m to the west of the site.

3. Although the contained valley topography of the site constitutes a tight fold in the surrounding landscape the upper most southerly and northerly parts of the site would be visible from vantages within the surrounding landscape.

4. The majority of the site is within the CA22 South East Cornwall Plateau Landscape Character Area (LCA) but the lower parts are within the CA25 Lynher and Tiddy River Valleys LCA. The site is about 900m to the north east of the nearest Area of Great Landscape Value (AGLV) and about 4km from the nearest Area of Outstanding Natural Beauty (AONB).

5. There are historic records of features associated with early and post medieval settlement around Trehawke immediately to the south of the site, and which contains within its grouping grade two listed structures. The most significant asset in the wider area is the Scheduled Ancient Monument known as Padderbury Top which is an iron age hill fort that sits as an elevated dome of land some 900m south of the site.

6. The site is not within a nationally designated area for ecology or nature conservation, the closest of which is Pathada Wood Cornwall Wildlife Site some 330m east, 4.3km to the south east is the Lynher Estuary / Sound SAC / SSSI.

Proposal:

7. The application seeks permission to install a photovoltaic solar array, it is estimated that the development could have a capacity of around 9.6MW and which would consist of strings of photovoltaic modules on east-west aligned mounting structures inclined toward south at a fixed angle of 25 degrees. Each module would have a face depth of 3.36m with lower edge at approximately 0.8m and upper edge approximately 2.6m above ground level. Each mounting structure would be secured into the ground through supporting impact beams, the number of and depth vary depending on ground conditions and the spacing between the strings of panels, and also varies according to topography (gradient) so as to avoid overshadowing. This application has been screened and was found not to require an Environmental Impact Assessment.

8. The photovoltaic panels would generate direct current (DC) electricity and, in order for this to be fed into the electricity grid it must be converted to alternating current (AC) electricity. The application therefore also includes the installation of associated infrastructure comprising 8 inverter stations each comprising a transformer station and two inverter cabinets. Additionally there would be a ‘feed-in station’ consisting of a transformer, switchgear and Western Power Distribution cabinet located in the northernmost field.

9. The site would be protected by a 2.3m high security fencing weldmesh panels.

10. Vehicular access to the site is intended to be via the country lane to the south of the site. Access to and within the fields would consist of a rough gravel sub-base and finer gravel surface layer. It is intended that the upper layer contains a moss/grass mix to allow the road to blend into the fields following completion of the construction phase.

11. The applicant is seeking temporary planning permission for a period of 25 years for this proposed solar farm development, after which time the installation would be completely removed and the land restored to its original condition.

12. Members will recall receiving training on large scale solar PV development at the special meeting of the Strategic Planning Committee which took place in September 2010. This application has been brought before the Strategic Planning Committee on the grounds that the proposal has a strategic importance and is above the 2 hectare threshold.

Installed Capacity Estimated Number of residential capacity (MW) factor 2 annual properties electricity 1 production equivalent 4

(MWh p.a.) 3

9.6 MW 12.5 % approx 10,080 MWh pa UK – 2472 houses – 2462 houses Cornwall – 2041 houses

Notes: 1 Installed capacity is the full-load, continuous rating of generating equipment under specific conditions as designated by the manufacturer. In other words, this is the power generated when the equipment is working at full capacity. 2 Capacity factor is the calculated factor which compares the plant's actual production over a given period of time with the amount of power the plant would have produced if it had run at full capacity for the same amount of time. The capacity factor should take account of the specific equipment and the specific location. It is expressed as a percentage. 3 Estimated annual production of electricity based upon the installed capacity and the capacity factor. 4 Number of residential properties that would be powered by the estimated annual production based upon the U.K. average household consumption of 4,077 KWh/year, and 4,094 KWh/year for England (DECC 2011). Note: average consumption in Cornwall is currently greater than the U.K. average at approx. 4,939 KWh/year (DECC 2011) and so the number of typical residential properties in Cornwall powered by a particular source would be lower.

Relevant constraints:

13. Agricultural Land Classification: GRADE 2 and 3 (discussed later in report)

Relevant planning/enforcement history:

14. PA12/09115 – Screening opinion – EIA not required

Relevant local/national/regional policy/guidance:

Policy Context

International and European

15. There are a range of International and European policy drivers that are relevant to the consideration of renewable energy developments. Under the Kyoto Protocol 1997, the UK has agreed to reduce emissions of the ‘basket’ of six greenhouse gases by 12.5% below 1990 levels by the period 2008-12.

16. Under the Copenhagen Accord (2010), the UK, as part of the EU, has since agreed to make further emissions cuts of between 20% and 30% by 2020 on 1990 levels (the higher figure being subject to certain caveats). This agreement is based on achieving a reduction in global emissions to limit average increases in global temperature to no more than 2°C.

17. The draft European Renewable Energy Directive 2008 states that, in 2007, the European Union (EU) leaders had agreed to adopt a binding target requiring 20% of the EU’s energy (electricity, heat and transport) to come from renewable energy sources by 2020. This Directive is also intended to promote the use of renewable energy across the European Union. In particular, this Directive commits the UK to a target of generating 15% of its total energy from renewable sources by 2020.

National

18. At the national level, there are a range of statutory and non-statutory policy drivers and initiatives which are relevant to the consideration of this planning application. The 2008 UK Climate Change Bill increases the 60% target in greenhouse gas emissions to an 80% reduction by 2050 (based on 1990 levels). The UK Committee on Climate Change 2008, entitled ‘Building a Low Carbon Economy’, provides guidance in the form of recommendations in terms of meeting the 80% target set out in the Climate Change Bill, and also sets out five-year carbon budgets for the UK. The 2009 UK Renewable Energy Strategy (RES) provides a series of measures to meet the legally-binding target set in the aforementioned Renewable Energy Directive. The RES envisages that more than 30% of UK electricity should be generated from renewable sources.

19. The 2003 Energy White Paper provides a target of generating 40% of national electricity from renewable sources by 2050, with interim targets of 10% by 2010 and 20% by 2020. The 2007 Energy White Paper contains a range of proposals which address the climate change and energy challenge, for example by securing a mix of clean, low carbon energy sources and by streamlining the planning process for energy projects. The Planning and Energy Act 2008 is also relevant in that it enables local planning authorities (LPAs) to set requirements for energy use and energy efficiency in local plans.

National Planning Policy Framework

20. Prior to the submission of this application, the Government issued the National Planning Policy Framework (NPPF), which took effect on 27th March 2012. The NPPF effectively replaces the majority of the Planning Policy Statements and Planning Policy Guidance Notes.

21. Within the overarching roles that the planning system ought to play, a set of core land-use planning principles should underpin both plan-making and decision-taking include supporting the transition to a low carbon future in a changing climate, taking full account of flood risk and coastal change.

22. Planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy and associated infrastructure. This is central to the economic, social and environmental dimensions of sustainable development.

23. The NPPF outlines that local planning authorities should recognise the responsibility on all communities to contribute to energy generation from renewable or low carbon sources. They should:

• have a positive strategy to promote energy from renewable and low carbon sources; • design their policies to maximise renewable and low carbon energy development while ensuring that adverse impacts are addressed satisfactorily, including cumulative landscape and visual impacts; • consider identifying suitable areas for renewable and low carbon energy sources, and supporting infrastructure, where this would help secure the development of such sources; and • identify opportunities where development can draw its energy supply from decentralised, renewable or low carbon energy supply systems and for co- locating potential heat customers and suppliers.

24. The NPPF further advises that when determining planning applications, local planning authorities should:

• not require applicants for energy development to demonstrate the overall need for renewable or low carbon energy and also recognise that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions; and • approve the application if its impacts are (or can be made) acceptable. Once suitable areas for renewable and low carbon energy have been identified in plans, local planning authorities should also expect subsequent applications for commercial scale projects outside these areas to demonstrate that the proposed location meets the criteria used in identifying suitable areas.

25. The NPPF states that planning policies and decisions should aim to:

• avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of new development; • mitigate and reduce to a minimum other adverse impacts on health and quality of life arising from noise from new development, including through the use of conditions; and • identify and protect areas of tranquillity which have remained relatively undisturbed by noise and are prized for their recreational and amenity value for this reason.

26. In respect of agricultural land quality, paragraph 112 of the NPPF advises “Local Planning Authorities should take into account the economic and other benefits of the best and most versatile agricultural land. Where significant development of agricultural land is demonstrated to be necessary, local planning authorities should seek to use areas of poorer quality land in preference to that of a higher quality.”

27. In determining applications, the NPPF states that Local Planning Authorities should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting. Local Planning Authorities should identify and assess the particular significance of any heritage asset that may be affected by a proposal (including by development affecting the setting of a heritage asset) taking account of the available evidence and any necessary expertise. They should take this assessment into account when considering the impact of a proposal on a heritage asset, to avoid or minimise conflict between the heritage asset’s conservation and any aspect of the proposal.

28. In respect of decision taking, the NPPF considers that Local Planning Authorities should approach it in a positive way to foster the delivery of sustainable development. The relationship between decision-taking and plan- making should be seamless, translating plans into high quality development on the ground. Local Planning Authorities should look for solutions rather than problems, and decision-takers at every level should seek to approve applications for sustainable development where possible. Local Planning Authorities should work proactively with applicants to secure developments that improve the economic, social and environmental conditions of the area.

29. It is considered that the main thrust of the NPPF is to positively support sustainable development, and there is positive encouragement for renewable energy projects. However, the NPPF reiterates the importance of protecting important landscapes, especially Areas of Outstanding Natural Beauty, as well as heritage and ecology assets.

Cornwall Structure Plan 2004

30. Policy 1 (Principles of Sustainable Development), states, that: “Development should bring about a long term and sustainable improvement to Cornwall's economic, social and environmental circumstances without harming future opportunity”.

31. Policy 2 (Character Areas, Design and Environmental Protection) states that “development must respect local character” and “Retain important elements of the local landscape, including natural and semi-natural habitats, hedges, trees, and other natural and historic features that add to its distinctiveness”.

32. Policy 3 (Use of Resources), states that “Development must be compatible with the prudent use of natural and built resources and energy conservation”, and “Facilitate energy conservation and the utilisation of renewable energy sources reducing energy consumption and CO2 emissions”.

33. Policy7 (Renewable Energy Resources) states that “Provision should be made for renewable energy generation to maximise environmental and economic benefits whilst minimising any adverse local impacts”.

34. Policy 26 (Rural Areas), states that “Development should support the continued social and economic viability of rural areas”.

Emergent Cornwall Local Plan

35. As of December 2012, the County of Cornwall had achieved a collective total of 172.9 MW of installed electrical energy and 28.3 MW of installed heat energy from a range of renewable energy developments (a further 224.8 MW of electrical energy and 136.5 MW of heat energy has been permitted in Cornwall though this has yet to be built). The figure for installed electricity capacity in Cornwall would therefore confirm that the previously-set 2010 target for Cornwall as set out in the Cornwall Structure Plan has been met, albeit in 2011, after the target year.

36. At the beginning of 2011 the Council consulted on a range of options for renewable energy targets to inform discussion in respect to the emergent Local Plan. The consultation publication was titled the ‘Options and Preferred Options Energy, Minerals and Waste’. The preferred target of the Council was 825MW wind energy and 190MW solar by 2031 (the plan period will actually run to 2030 now, not 2031) and was based on the findings of a resource assessment. The current data for installed and permitted but not installed electrical and heat energy in Cornwall is set out in the appendix to this report.

37. The emergent Local Plan does not contain any energy targets however the broad thrust of this document provides a direction of travel designed to promote renewable and low carbon energy resource development while ensuring that adverse impacts are addressed satisfactorily, including those of noise, and cumulative landscape and visual impacts. In that context, policies 14, 15 and 23 of the emergent Local Plan are particularly relevant.

Caradon District Local Plan First Alteration (adopted August 2007)

38. Policy REN1 (Non-Fossil Fuel Sources) deals with planning proposals for the generation of energy from non-fossil fuel sources and states that these will be permitted subject to the following criteria:

i) The proposal must not have an unacceptable impact on the character and appearance of the immediate and wider landscape, and of areas of natural, cultural, historical or architectural interest; ii) The proposal must not overshadow or have an overlooking effect on nearby habitations; iii) The proposal must be capable of being operated and serviced with no unacceptable impact to the amenity of nearby habitation with regard to noise, smell, dust, vibration, smoke or other air pollution; iv) The proposal must not create a threat to road safety through traffic generation; v) The proposal taken with the effects of similar development nearby must not have a materially adverse impact on the interests identified in (i) and (iii) above.

39. Policy CL2 (Farm Diversification) relates to Farm diversification proposals and states that they will be permitted unless they would:

i) Be out of keeping with the scale and design of existing farm buildings and introduce incongruous features or materials that do not reflect local vernacular tradition; ii) Cause danger and inconvenience to existing highway users resulting from inadequacy of the local highway network to accommodate the traffic generated; iii) Harm the rural character and appearance of the locality; iv) Adversely affect the viability of agricultural holdings or result in the loss of best and most versatile agricultural land.

40. Policy CL9: Areas of Great Landscape Value. Proposed development in the Areas of Great Landscape Value will not be permitted if it would materially harm the character of the particular area and if it does not closely reflect the traditional building styles and local materials, or the characteristic pattern of settlement, in the particular area.

41. Until a Local Development Framework for is prepared, planning policy in use within the District area continues to have some weight, albeit limited since the introduction of the NPPF.

Other relevant planning guidance

42. The Cornwall and Isles of Scilly Landscape Character Study 2005/2007 sets out the method in which Landscape Character Areas (LCAs) have been identified, and brings together the main findings of the study, in terms of landscape pressures and planning and development guidelines.

43. A report, entitled ‘ An assessment of the Landscape Sensitivity to On-shore Wind Energy and Large Scale Photovoltaic Development in Cornwall’ (April 2011), was prepared for Cornwall Council by Land Use Consultants (LUC), and provides guidance on the sensitivity of the landscape to wind and PV development throughout Cornwall, and sets out a ‘landscape strategy’ for the deployment of these technologies for each LCA. It is intended that this document will be reported to Members of the Planning Policy Advisory Panel on its path to becoming approved guidance. Until then the document attracts proportionately more limited weight although is considered to be a material consideration, and it should be noted the report has been taken into account by Planning Inspectors at Appeal.

44. In terms of community benefit considerations, regard has been given to a document, entitled ‘Delivering Community Benefits from Wind Energy Development: A Toolkit’ , which was produced for the Renewables Advisory Board 2009 for the Department of Environment and Climate Change (DECC), as well as best practice from similar developments elsewhere within the UK.

Summary

45. To conclude this section, ideally large scale solar PV arrays should be directed towards previously developed land, or Brownfield sites. However, having regard to the relatively few sites of appropriate status and size in Cornwall in comparison to installed capacity targets for renewable energy, together with the additional income source that would support the agricultural holding (farm diversification) it is considered that, subject to other considerations (discussed below) the principle of the proposed photovoltaic development on this undeveloped site in the countryside is endorsed by planning policy.

Consultations:

46. Where lengthy responses have been received, these have been summarised by the case officer. A full transcript of the consultee comments can be viewed via the online planning register on Cornwall Council’s website.

Menheniot Parish Council – (20 December 2012) 47. Menheniot Parish Council supports this application

St. Germans Parish Council – (21 January 2012) – Adjoining PC 48. The majority of the Parish Council are opposed to this development:

• It will have a detrimental effect on this rural area • The concept is ineffective and places a burden on all householders' bills, causing fuel poverty • There are too many of these applications in or near this parish and they seem to be spreading throughout SE Cornwall

49. St Germans Parish Council objects to this application.

50. Should the solar panel park fail in future years it still maintains its status as per currently.

Quethiock Parish Council – (27 December 2012) – Adjoining PC 51. Quethiock Parish Council Object due to the following concerns:

• Improper use of productive farm land, it is on good quality land, grade 2 and 3.

• The area concerned is in danger of being industrialised as there are at least four other solar farms and five wind turbines which have either been approved or in the planning phase within a four mile radius of Trehawke. Solar farms of this large scale size create a striking visual impact.

• Glint & glare could be visible from parts of our Parish of Quethiock.

• It is within two Landscape Character Areas CA22 & CA25 which are rated as having moderately to high sensitivity to solar development.

• It is far too close to the scheduled ancient monument of Padderbury Top, 900m to the south and it is too close to Pathada Wood which is a Cornish Wildlife Site.

Natural England - (12 December 2012) Local authority biodiversity duty and opportunities for enhancement 52. Under section 40(1) of the Natural Environment & Rural Communities Act 2006 a duty is placed on public authorities, including local planning authorities, to have regard to biodiversity in exercising their functions. This duty covers the protection, enhancement and restoration of habitats and species.

53. The National Planning Policy Framework (NPPF) expects local authorities to prevent harm to biodiversity and geological interests. Paragraph 118 makes it clear how the government expects the council to consider planning decisions that could lead to harm to biodiversity and geological interests. Paragraph 109 identifies the importance of establishing coherent ecological networks that are more resilient to current and future pressures. Protection for ancient woodland is included in Paragraph 118 of the NPPF and states that “planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and the loss of aged or veteran trees found outside ancient woodland, unless the need for, and benefits of, the development in that location clearly outweigh the loss”.

54. The ecological survey submitted with this application has not identified that there will be any significant impacts on statutorily protected sites, species or on priority Biodiversity Action Plan (BAP) habitats as a result of this proposal. However when considering this application the council should encourage opportunities to incorporate biodiversity in and around the development (Paragraph 118 of the NPPF).

55. The Town and Country Planning Association’s publication ‘Biodiversity By Design’ provides further information on this issue and the publication can be downloaded from http://www.tcpa.org.uk/pages/biodiversity-by-design.html

Local wildlife sites 56. If the proposal site is on or adjacent to a local wildlife site, e.g. Site of Nature Conservation Importance (SNCI) or Local Nature Reserve (LNR) the authority should ensure it has sufficient information to fully understand the impact of the proposal on the local wildlife site before it determines the application.

Environment Agency - (29 January 2013) 57. We have no objection to the application as submitted. Measures to manage flood risk as described in H2OK's Flood Risk Assessment should be implemented. We can recommend a condition if you consider it necessary.

58. Cornwall Wildlife Trust – NONE

CC Historic Environment Service - (1 March 2013)

59. The Cornwall & Isles of Scilly Historic Environment Record (HER) indicates that this application area lies within land characterised as ‘Anciently Enclosed Land’ with a high probability for the survival of buried archaeological features. Within the proposed development area there is a rectilinear enclosure visible on aerial photographs and recorded on the HER as MCO44292 Trehawke wood prehistoric/undated enclosure. English Heritage’s National Mapping Programme (mainly crop marks identified from aerial photography) also shows likely prehistoric field boundaries associated with this feature. Also within the application area is an early Medieval field boundary identified as MCO44293 Fardell Early Medieval field boundary.

60. Outside the application boundary are a number of nearby known prehistoric and early Medieval archaeological monuments or features, most notably DCO1130 Hillfort on Padderbury Top located 900m to the south southeast, which is a Scheduled Monument.

61. There are numerous other known prehistoric, Early Medieval, Medieval and Post-Medieval sites within a 3km radius of the proposed solar farm location, all of which suggest an increased potential for previously undiscovered buried archaeological features within the development area.

62. There are approx. 33 Listed buildings within a 3km radius, of which three are Grade I (DCO1801 Church of St Hugh of Lincoln, Quethiock, DCO3555 Molenick Farmhouse, DCO3746 Church of St Lalluwy, Menheniot) and two Grade II* (DCO3754 Cross to South of Church of St Hugo, Quethiock, DCO3394 Little Tregrill and Outbuildings), the remainder being Grade II.

63. CC Principal Public Space Officer (Landscape) – NONE

CC Highway Development Management – Major - (11 December 2012) 64. Please require the CPTMP (Construction Phase Traffic Management Plan) as for other similar applications.

CC Environmental Health Planning Liaison Area 3 - (11 December 2012) 65. Community Protection has no adverse comments to this application.

Representations:

66. Letters of objection have been received from three residential properties as well as one letter from ‘Protect Quethiock Parish’ group. These are précised as follows. Full representations are available on the Cornwall Council website.

Ecology • The site is just 200 metres from the Pathada Wood Cornwall Wildlife Site and therefore could disturb local wildlife.

Historic environment • Trehawke Farm includes 4 Grade II listed buildings or structures and the proposed development would have a "medium adverse impact" on the setting of Trehawke Farm. The assessment also provides that the proposed development site includes "site A20," an undated site consisting of a rectilinear enclosure with an earthwork bank, that is highly indicative of a prehistoric settlement, and the potential for archaeological remains is high. Further, the assessment states that there are 7 early medieval sites, 4 medieval sites and 18 heritage assets of medium significance in the study area. This includes a scheduled monument, Padderbury Top, an iron age hill fort 900 meters away that would overlook the proposed development site.

• Land is medieval farmland, ancient structures present underground would likely be disturbed and / or destroyed during the installation period.

Landscape impact • Cumulative impact and intervisibility with other developments. The negative impact on the landscape will be exacerbated when considering the proposed solar farm in conjunction with other proposed and existing developments. The proposed solar farm, when considered in conjunction with these other developments, would turn a green and bucolic landscape into a semi- industrial landscape. The other proposed and existing developments include, among others: ( Distances and status added by planning officer)

PA11/00311 (solar farm) – 7.5km east (approved) PA12/01530 (solar farm) - 3.4km northwest (approved) PA12/05854 (solar farm) – Refused at SPC PA12/06666 (solar farm) – 3.7km north (approved) PA12/04228 (solar farm) – 5.4km (approved in principle awaiting Decision Notice) PA12/07748 (solar farm) – Screening Opinion PA11/05457 (wind turbine) – Screening Opinion PA11/09146 (wind turbine) – Screening Opinion PA12/05275 (wind turbine) – 4km south (refused – appeal in progress) PA12/03543 (wind turbine) – 4.2km southwest (refused – appeal in progress) PA12/08704 (wind turbine) – 2.5km north east (under consideration) PA12/09088 (wind turbine) – Screening Opinion PA12/04542 (wind turbine) – 4.6km west (approved) E2/08/00329 (wind turbine)

• It is to be set in 2 Landscape Character Areas, CA22 & CA25, which have been given the designation of moderate-high sensitivity to solar development.

• This creep into LCAs in SE Cornwall is blighting the very landscape Cornwall Council should be protecting.

• The Solar farm not only affects the views within the Menheniot Parish but in the wider area particularly Quethiock Parish to the North.

Other • The land is classified as Grades 2 and 3, which is the best and most desirable agricultural land

• Glint and glare from the solar panels which would be unacceptable to people whose homes overlook the site, as well as to riders and walkers using the area.

• Narrow lanes will result in damage to hedgerows during construction

Assessment of key planning issues:

67. The key planning issues are considered to be the following:-

• Principle of the development; • Use of agricultural land; • Landscape and visual impact; • Neighbour impact; • Glint and glare; • Historic environment; • Ecology; • Highway access and safety; • Connection to the National Grid; • Duration of planning permission.

Principle of the development

68. This has been covered in the relevant local/national/regional policy/guidance section above.

Use of agricultural land

69. The Council in its informal guidance discourages use of the Best and Most Versatile (BMV) land which is anything above grade 3b. In considering the use of agricultural land for solar proposals decision makers must consider the extent to which the provision of this additional co-existing land-use undermines the productive capacity of the land, whether the reduced capacity constitutes a permanent loss or a temporary one, and also whether the extent of the reduction is significant on its own and when weighed against the benefits of generating renewable energy.

70. In this balance it is certainly true that the panels would deny use of the land in question for much other than grazing. This however coincides with the main current agricultural use of the fields at present. It is also worthy of note that the nature of the development is such that any consent would be a temporary one where the land would be able to be fully reinstated to its full productive capacity as required by condition and as such approval would not constitute the permanent denial of arable land.

71. This land consists of six fields with an indicative grading of 2 and 3, and accordingly a bespoke assessment was undertaken by Luscombe Maye. The conclusion was that all fields fell within grade 3b. The main reason for this is the steep gradients within the fields leading to difficulty working the land, soil creep and drainage issues (Full assessment available on online planning register - see link at start of agenda report).

72. Given the current nature, scale and current usage of the land, the reversibility of this temporary development, the assessment of the quality of the land and the potential to continue using the land for agricultural purposes during the operation of the solar farm, the loss is not so significant when balanced with the generation of renewable energy that your Officer would recommend that the application is refused on the basis of the loss of valuable farm land in these circumstances.

Landscape and visual impact

73. The impact of the proposed development on the surrounding landscape and its designations is one of the key planning considerations in respect to this application and this form of development. What needs to be assessed is whether the significance of the impact is so great as to warrant refusal of the application when weighed against the in-principle policy support for renewable energy development.

74. It might be argued that any development of the scale and nature represents the introduction of man-made structures that are at odds with the intrinsic natural characteristics of the open countryside. However, in balancing policy objectives (not least that of supporting the provision of renewable energies) there will likely be some locations and sites within the countryside where the local landscape has a greater capacity to accommodate such forms of development than others.

75. Paragraph 5.4 of the Companion Guide to Planning Policy Statement 22: Renewable Energy (which is extant, despite PPS22 being replaced by the NPPF) states that “local planning authorities should recognise that the landscape and visual effects will only be one consideration to be taken into account in assessing planning applications, and that these must be considered alongside the wider environmental, economic and social benefits that arise from renewable energy projects” . It further contends that an assessment must be made on a case-by-case basis, and for it to be appreciated that the effects will vary according to the size of the proposed development, the nature of the host landscape and the length of a planning consent. As such, landscape and visual impact must not be considered in isolation, but assessed within the context of impact significance and the wider implications and public benefit of the project.

76. The site consists of two opposing valley sides within this tight fold in the landscape. Although the upper most southerly and northerly extremities of the site would be visible from vantage points within the surrounding landscape, the topography, hedgerows and areas of woodland contain to a significant extend the level of exposure to the wider landscape.

77. The majority of the site is within the CA22 South East Cornwall Plateau Landscape Character Area (LCA) but the lower parts are within the CA25 Lynher and Tiddy River Valleys LCA. The site is about 900m to the north east of the nearest Area of Great Landscape Value (AGLV) and about 4km from the nearest Area of Outstanding Natural Beauty (AONB).

78. The onsite characteristics echo the transition between the two LCAs and the site relates to both the more open gently rolling plateau landscape of CA22, as well as the steeply sided wooded river valleys and presence of ancient woodland of CA25.

79. Overall sensitivity to pv development in CA22 and CA25 is considered to be ‘moderate-high’ and particularly sensitive to developments within the ‘large’ size ranges (10-15ha respectively). The guidance on siting within these two areas advises (inter alia):

• Locate development within dips and sheltered folds in the undulating landform of the plateau; areas where PV development would be less visible and have less of an influence on landscape character. • Use existing landscape features, such as Cornish hedges, hedgerows, woodland and buildings to screen development wherever possible, ensuring that any additional screening provided is in character with the landscape.

80. The following points are considered particularly relevant in considering the landscape and visual impact:

− The site is not within an AGLV or AONB. − The site occupies a tight valley-fold in the landscape bounded by woodland to the north and established hedgerows to south which significantly limits the landscape exposure as per the siting guidance within the emergent document ‘ An assessment of the Landscape Sensitivity to On-shore Wind Energy and Large Scale Photovoltaic Development in Cornwall’ . − Only the uppermost northern and southern limits of the site would be visible in the landscape, and although the site is at an elevated location in the landscape, it would be viewed at an oblique angle and would not be particularly legible from high value receptors such as footpaths. − Many of the vantages of the site would be glimpsed ones from the network of lanes and at distance. In these the full extent of the installation would not be readily legible and, given the topography it would either be the uppermost northern slope or the uppermost southern slope that would be visible at any one time. − The presence of the transformer units and feed-in station within the main site also contribute to the visual impact upon the countryside. However in the context of the wider solar farm these ancillary structures are not considered to increase the magnitude / intensity of the impact by an unacceptable amount. The palette used for the external finishes will need to be controlled via condition to ensure that the structures are visually recessive in the landscape. − The submitted Zone of Theoretical Visibility shows the limited extent of wider exposure. − There would be limited points in the landscape to the north of the site where both the uppermost southerly limit of the site would be visible in the same visual frame as Padderbury Top. However in such frame the installation would form a visually recessive oblique band of development, viewed at distance, and not of such prominence as to compete with the primacy or setting of the SAM. − Any assessment of the visual / landscape impact of this proposal must be made in combination with any extant or pending proposals. In this regard the list of wind and solar developments contained in the précised representations above have been given due consideration together with other development proposals. However, it is considered that the existing and committed RE (Renewable Energy) and other development together with that proposed under this application would not cause intervisibility or be experienced sequentially in the landscape to the extent where it forms a defining or significant landscape impact that undermines the tranquillity or undeveloped natural beauty of the countryside to an unacceptable degree. Future applications will however need to be assessed on their own merits.

81. On this issue it is concluded that, although the site is a relatively contained one, and has limited exposure to a wider landscape that is not locally or nationally designated. Furthermore, given the ability to soften with hedgerow enhancement the already oblique vantages into the site, and the limited impact upon important recreational footpaths, it is not considered that the key landscape characteristics cited within the Landscape Character Assessment would be undermined in a significant way when weighed against the positive support for RE.

Neighbour Impact

82. There are minimal properties in the wider landscape from which anything other than oblique partial views of the site will be possible. To those sporadic dwellings that would have vantages, such views would generally be filtered ones through vegetation and/or vantages where due to distance and orientation the development would not form a significant proportion of any countryside outlook and would be viewed in an oblique manner.

83. The nearest sporadic dwellings around the site, the hamlet of dwellings around Doddycross, and dwellings associated with Trenodden and Penearth Farms were all neighbour-notified. This did not yield a single letter of objection.

84. The three objections from members of the public were from addresses in Trehunist 1.3km to the north of the site.

85. For a combination of factors including topography, vegetation, orientation of site and panels, it is considered that residential amenity of nearby properties would not be adversely affected in planning terms.

Glint and glare

86. Although PV solar panels are designed and built to absorb light and not reflect it, in certain situations they or their associated mounting structures have the potential to give rise to glint and glare effects. However, in this case it is considered unlikely that this could be of significant detriment to the residential amenity of nearby properties. Furthermore, due to the topographic containment and vegetation along the boundaries, it is unlikely to result in deterioration of highway safety conditions.

Historic environment

87. Given the potential for the site to contain sub-terranean features of significance the Historic Environment Service have recommended a geophysical survey prior to determination. The discovery of potentially important features following such a survey normally prompts mitigation that seeks exclusion of development within that area, or alternatively deployment of non-intrusive anchoring techniques such as concrete shoes. This is normally sufficient to safeguard the historic assets, and it would be prudent to receive this information prior to determination of the application as the Historic Environment Service requested.

88. Additionally the Historic Environment Service have requested that further information is submitted to conclusively demonstrate that the development does not compromise the setting of other historic assets such as Padderbury Top or nearby listed buildings.

89. However having visited the site and given due regard to the way that the development would relate to Padderbury Top from the surrounding area, I consider that the development, which is predominantly contained within a tight fold in the landscape, would form an insignificant and recessive feature in the landscape in the limited longer-distance vantages where the development would be intervisible. Its landscape primacy and legibility would not be materially harmed.

90. In respect to the listed building on the south side of the site – the grade II listed Trehawke farmhouse. Again having been on site it is clear that given the vegetation that surrounds the site, and the listed building’s context amongst modern farm buildings, it is not considered arguable that the proposal given its nature and siting has the potential to adversely affect the setting of this listed building, or others in the wider area.

91. The recommendation has been amended to reflect the advice of the Historic Environment Service in respect to the receipt of geophysical survey information and demonstration that the setting of other historic assets in the landscape would not be compromised. The delegation of the decision will also allow time for English Heritage to submit their consultation response.

Ecology

92. An extended Phase 1 Habitat Survey was undertaken by the applicants. It was concluded that the proposed development is unlikely to have a negative impact on the habitats or species present, and further survey was not considered necessary.

93. Habitat that could be used by a number of species such as reptiles, birds, dormouse and bats was identified on or near to the site. The identified habitat consisted of features such as trees and hedgerow none of which would be affected by the proposals. Two badger sets were found at the eastern and western periphery of the site.

94. The report made a number of recommendations including: • All existing hedgerows, trees, and other boundary features are retained and protected during the course of construction. • A 2m+ buffer zone being left between the panels or associated infrastructure and any field boundary and other feature. • To ensure there is no adverse impact on local bat activity, there is no significant external lighting. • To mitigate any adverse impact on the local badger population it is recommended that a 20m buffer zone around both setts. Also any new fencing should not prevent access to badgers • It is recommended that any significant removal of vegetation be confined to the months of September – February inclusive to protect nesting birds.

95. The proposals identify hedge and badger sett protection zones, as well as tree and hedge planting areas. It is considered that the medium / long term habitat at the site would be significantly enhanced beyond the baseline conditions. Further details of the ecological mitigation and enhancement plan can be secured via condition as set out below.

Highway access and safety

96. The Council’s Highways Development Officer recommends that a Construction Phase Traffic Management Plan (CPTMP) be sought and this is reflected in the suggested list of conditions. The routes leading to the site are narrow, and divorced from the main highway network. Careful attention will need to be given to size of vehicles, and it may be necessary to use transhipping hubs to decant the deliveries to smaller vehicles.

Connection to the National Grid

97. An underground cable would link the on-site Western Power via substation to the national grid. The underground linkage would run alongside public road to the south of the site for approximately 1.8km.

Duration of planning permission

98. The applicant seeks consent for a temporary period of 25 years and this can be conditioned within any planning permission. Once the life of the permission is reached, the development would be decommissioned, all infrastructure removed and the site restored to its original state.

Other matters

99. A Unilateral Undertaking is being prepared in consultation with the Parish Council that would provide solar panels on public buildings within the Parish.

100. Members are reminded that this unilateral undertaking is not relevant to their deliberation on this application as neither the principle of the undertaking nor the details contained within it have been proposed in order to directly mitigate / remedy a specific planning objection to this proposal, and as such, the requirement for a unilateral undertaking is not considered to be compliant with the Community Infrastructure Levy Regulations 2010 (as amended) and cannot be taken into account as a material consideration to enable planning permission to be granted.

101. All other matters have been considered but are not deemed to be overriding.

Conclusion:

102. The proposed development, subject to the recommended conditions, is considered acceptable with regard to design and siting, its impact on the landscape character of the area, with regard to ecology and wildlife, highway safety, flooding and drainage, residential amenity of nearby properties and with regard to all other material considerations. Subject to the receipt of further information confirming that impact upon heritage assets within the site and in the surrounding area can be adequately mitigated, the positive contribution of the scheme to renewable energy and local sustainability, on land that is not considered to be the best and most versatile agricultural land, is considered to outweigh any limited harm that may arise as a result of the development as conditioned. While permanent development of such a nature may not ordinarily be appropriate within the open countryside the current application seeks consent for a temporary period of 25 years and this can be conditioned within any planning permission. Therefore, on balance, it is considered that the proposed development would accord with the relevant national and local policy guidance referred to in this report.

Recommendation:

103. That authority be delegated to the Head of Planning in consultation with the Chairman, Vice chairman, and divisional member to approve permission, subject to further consultation with the Historic Environment Service on geophysical survey work and heritage impact assessment to be submitted by the applicant, and subject to the following conditions or similar. Furthermore, that should appropriate geophysical survey work and / or heritage impact assessment not be provided or not adequately demonstrate that significant heritage impacts can be avoided, then delegated authority be given to the Head of Planning to refuse the application on the grounds that the development fails to respect the important historic assets.

Conditions

1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.

Reason: In accordance with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2. The development hereby permitted shall be carried out in accordance with the plans listed below under the heading "Plans Referred to in Consideration of this Application".

Reason: To define the nature and extent of development in accordance with Circular 11/95, and to comply with Section 92(2) of the Town and Country Planning Act 1990.

3. No development shall be begun until a detailed landscaping and ecological mitigation, enhancement and management scheme, and Construction Environmental Management Plan has been submitted to and approved in writing by the LPA. The scheme shall include:

Details of new planting (areas, species, densities and mixes), protection of existing vegetation during the construction phase, together with details of ongoing land management within the whole site edged red.

Full details of how the recommendations of the extended phase 1 habitat survey have been fully incorporated into a formal Construction Environmental Management Plan that covers the construction, operation and decommissioning phases of the development hereby approved.

The approved scheme and CEMP shall thereafter be implemented in full in accordance with an approved timetable and shall be maintained as approved for the duration of the approved development. In the event of failure of any vegetation to become established and to prosper for a period of five years following the completion of the approved planting scheme, such vegetation shall be replaced on a like for like basis.

Reason: To protect and improve the appearance of the site in the interests of landscape character in accordance with the aims and intentions of saved Cornwall Structure Plan Policy 2, 3 and 7 as well as to maintain and enhance wildlife habitat in accordance with Para. 109 of the NPPF.

4. Prior to the commencement of development full details of including external finishes for all ancillary structures (including inverters, transformers, centre station, etc) shall be agreed in writing by the Local Planning Authority. The development shall be completed in accordance with these approved details.

Reason: To protect the landscape character of the area, in accordance with CSP Policies 2 and 7.

5. No external lighting shall be installed during the operation of the site as a solar PV facility.

Reason: To minimise the potential for pollution and disturbance to local amenity and wildlife, in accordance with CSP Policies 3 and 7.

6. No delivery, construction or decommissioning works shall take place except between the following hours:-

08.00 - 18.00 Monday to Friday 08.00 - 13.00 Saturday

No construction or decommissioning works shall be undertaken outside these hours or on Sundays, Bank or Public Holidays.

Reason: To minimise the potential for disturbance to local amenity, in accordance with CSP Policies 3 and 7.

7. The noise emissions during construction and decommissioning periods of the development shall not exceed a LAeqT noise level of 65 dB 1-metre from the facade of any occupied residential dwelling.

Reason: To minimise the potential for disturbance to local amenity, in accordance with CSP Policies 3 and 7.

8. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order, 1995 (or any Order amending, replacing or re- enacting that Order), no fixed plant or machinery, buildings, structures and erections, or private ways shall be erected, extended, installed rearranged, replaced, repaired or altered at the site without prior planning permission from the Local Planning Authority.

Reason: To protect the landscape character of the area, in accordance with CSP Policies 2, 3 and 7.

9. Prior to the commencement of other development on site, the Sustainable Urban Drainage Scheme (SUDS) as set out in the submitted H20K drawing J- 4144.5-FM Drawing 3001 rev. A shall be fully implemented and maintained to achieve the calculated levels of attenuation for the duration of the consent.

Reason: To prevent the increased risk of flooding and minimise the risk of pollution of controlled waters by ensuring the provision of a satisfactory means of surface water control and disposal in accordance with CSP Policy 3.

10. The development hereby permitted shall not commence until a Construction Phase Traffic Management Plan (CPTMP) has been submitted to and approved in writing by the LPA. The Plan shall include construction vehicle details (number, size, and type), vehicular routes, delivery hours, signage, inspection programme with highways authority, and contractors’ arrangements (compound, storage, parking, turning, surfacing, drainage and wheel wash facilities).

The development shall be carried out strictly in accordance with the approved CPTMP.

Reason: In the interests of maintaining a safe and efficient highway network, and to protect surrounding environmental and amenity interests and to ensure that the site is developed in accordance with approved layout, in accordance with CSP Policies 2, 3 and 7.

11. Within 25 years and six months following completion of construction of development, or within six months of the cessation of electricity generation by the solar PV facility, or within six months following a permanent cessation of construction works prior to the solar facility coming into operational use, whichever is the sooner, the solar PV panels, frames, foundations, inverter modules and all associated structures and fencing approved shall be dismantled and removed from the site. The developer shall notify the LPA in writing no later than five working days following cessation of power production. The site shall subsequently be restored in accordance with a scheme, the details of which shall be submitted and approved in writing by the LPA no later than three months following the cessation of power production.

Reason: To ensure the achievement of satisfactory restoration of the land, in accordance with CSP Policies 2, 3 and 7.

APPENDIX 1: Installed and permitted (but not installed) electrical and heat energy in Cornwall

Permitted (not yet Installed Capacity (MW) operational) capacity Technology (MW) Electricity Heat Electricity Heat Large Scale PV Farms 66.9 - 125.54 - Smaller Scale Roof/Ground 19.5264 - - - mounted PV Wind 74.089 - 64.322 - Hydro 1.69 - 0 - Solar Thermal - 1.67 - 0 Deep Geothermal 0 0 15 58.5 Heat Pumps - 5.881 - 0 AD 0 0 0 0 Biomass 0 19.843 0 0 Landfill Gas 10.28 0 0 0 Sewage Gas 0.5 0.955 0 0 Energy from Waste 0 0 20 78 Total 172.9854 28.349 224.862 136.5

Wave Hub - 20MWe Taken from Regen SW annual survey of renewable energy in the South West (2012).