SL/2017/0874

PARISH: Rosside Farm, Rosside

PROPOSAL: Battery energy storage facility, ancillary equipment and landscaping

APPLICANT: Mr Batov (RE Projects Development)

Grid Ref: E: 327560 N: 478043

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High Bridge SL/2017/0874 The material contained in this plot has been reproduced from an Ordnance Survey map with permission of the Controller of Her Majesty's Stationery Office. Rosside Farm Licence No. 100024277 © Crown Copyright Rosside Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings ULVERSTON

Scale: Not to scale SUMMARY 1. The proposed development relates to the establishment of a battery energy storage facility on part of an agricultural field located to the west of Ulverston. 2. The main planning issues relate to the principle of development, the landscape and visual impact of the development, the potential impact on residential amenity and highway considerations.

RECOMMENDATION 3. The application is recommended for approval subject to conditions listed at the end of the report.

DESCRIPTION AND PROPOSAL Site description 4. The site comprises an area within a large pasture field located to the west of Ulverston, forming part of an agricultural land holding at Rosside Farm. 5. The proposed development would be positioned within a low lying south eastern corner of a field bounded by mature hedgerows on two sides. The site adjoins open pasture fields. The nearest residential properties are located at Penn Close some 160 metres to the south of the site, Field View, Stone Park Bungalow and High Barn approximately 140 to 170 metres to the south east and Broad Dale approximately 250 metres to the south west of the site. 6. Access to the site is via a gate located on Pennington Lane in the south west corner of the field, within a double bend in the road close to junctions with two minor access lanes. There are no public footpaths crossing the site. 7. An electricity substation is located 200 metres to the south of the site between Pennington Lane and the railway line.

Proposal 8. The application seeks consent to construct a low voltage battery energy storage facility which would store power generated at times of low demand to be released into the local electricity grid at times of peak demand. The facility would have a capacity of 6 MW and it would be able to supply the local distribution network with around 15,000 MWh of electricity per year. 9. Specifically the proposed development would comprise the siting of five containerised battery units each measuring 12.2 metres by 2.4 metres by 3 metres high, five transformer units, and a network operator substation and electrical container each measuring 6.5 metres by 4 metres by 3 metres high the structures would be enclosed within a 3 metre high acoustic perimeter fence. 10. The development would occupy an area of approximately 33 metres by 25 metres and the site would be excavated into the slope of the land so that it sits at the lowest point close to the southern boundary. 11. A new hedgerow would be established along the western and southern boundaries of the site so that the development would be enclosed by hedgerows on three sides with the rising land forming an enclosure on the northern side. 12. Access to the site would be via the existing field gate positioned in the south west corner of the field onto Pennington Lane. A new crushed stone surfaced track would be laid along the field perimeter and a temporary hardstanding would be created adjacent to the new enclosure to accommodate the construction compound works and vehicles. 13. The development would be connected to the local electricity distribution network via an underground cable running from the site to the local substation located to the south of the site. The connection works do not form part of this application and would be undertaken by Electricity North West under their permitted development rights as statutory undertakers. 14. The site will be operational for up to 25 years and would be decommissioned with removal of all structures and return to agricultural land within a period of 12 months following the cease in operation. 15. The proposal is supported by a Transport Note, Noise Assessment, and Ecological Impact Assessment which are detailed in the assessment section of the committee report.

CONSULTATIONS Ulverston Town Council: 16. To be reported.

Cumbria County Council: Highways 17. The Highway Authority has some concerns with the proposed development as submitted. However they have stated that these concerns can be managed through the use of planning conditions on any consent granted. 18. Specifically they have advised that the applicant has not depicted any visibility splays on the submitted plan. However it is acknowledged that the site access is presently used for agricultural vehicles; in addition it is acknowledged that the proposed development is anticipated to generate little traffic once construction is complete. Taking into account the short construction period and the inclusion of a planning condition requiring the applicant to submit a Construction Traffic Management Plan the highway authority would have no objection to the use of this access point for the purpose of this development. 19. The applicant has indicated that construction site traffic will be directed to the site via the A590 through Pennington Lane. Vehicles exceeding a width of 6’- 6’’ are prohibited from Pennington Lane, except for access. Pennington Lane is not wide enough for 2 heavy commercial vehicles to pass one another, therefore the timing of delivery access / egress to / from the site should not coincide. In addition the bend on the public highway adjacent to the site access (as shown in the swept path) would need to be strengthened and widened in order to facilitate the construction traffic. Other sections of Pennington Lane should be protected to ensure that there is no damage to the public highway and highway boundary fencing. Agreement would need to be provided to ensure commitment to repair any damage identified through carrying out before and after condition surveys. 20. It should be ensured that sufficient parking and turning is available for all vehicles involved in the site construction / decommissioning. In addition it is recommended that a passing place is provided on the proposed access track. 21. The Highway Authority has no objection to the proposed development, subject to conditions which are set out at the end of the report.

Lead Local Flood Authority 22. The applicant has stated their intention to use Sustainable Drainage System techniques for the purpose of site drainage. However no details have been provided with regards to this. It is recommended that a condition is included on any consent requiring surface water drainage details to be submitted for approval.

South Lakeland District Council: Environmental Health Officer 23. I can confirm that the Environmental Protection Group have no observations to make regarding the proposal. All monitoring and mitigation methods put in place are satisfactory.

Arboricultural Officer 24. I have no objection to the proposed scheme, I would recommend that the planting scheme is conditioned.

Natural 25. No comments to make. Referral to standing advice on protected species.

Neighbours / Others: 26. At the time of writing, one letter of objection and one letter of comment have been received. The main concerns are: • Already endured four years of work at the electricity plant which has been a major disruption, the development should be located on an industrial estate. • The proposal will be an eyesore directly in front of our living room and will have a huge impact upon our property. • The proposal raises noise and safety concerns. What hours will they be working? This is quiet countryside. • How will the large containers be delivered to the site along a narrow country lane? • Impacts upon wildlife. • There is no reference to the weight of the proposed containers in order to establish whether the proposed access track of crushed stone would be adequate to support the weight of the containers and delivery vehicles. • Can the proposer ensure that no damage will occur to nearby property during construction works? • How would toxic gases be retained within the containers should a fire or explosion occur? And what safety precautions would be in place to allow personnel to access the container during such an event without releasing toxic gases into the environment? • It appears that the operating and safety aspects are based upon a specific type of battery which may differ from the battery system to be used. • It is not clear from the noise impact report whether the noise levels generated from the facility are based upon a single battery system operating individually, or at worse all five systems operating at the same time?

POLICY ISSUES Core Strategy (CS): 27. Policy CS1.1 Sustainable development principles states that it is vital to protect the countryside for its intrinsic beauty, diversity and natural resources. It refers to the need to grow the local economy in a sustainable way, fostering local business development and rural diversification. 28. Policy CS7.4 relates to supporting the economic needs of the rural economy with reference to the diversification of the agricultural economy. 29. Policy CS7.7 Opportunities provided by energy and the low carbon economy supports in principle (where protection of the environment is assured and designated areas are safeguarded) appropriately located schemes which will increase energy production from a full range of renewable sources. 30. Policy CS8.2 is concerned with the protection and enhancement of landscape and settlement character. 31. Policy CS8.4 relates to Biodiversity and geodiversity and states development proposal that would have a direct or indirect adverse effect on designated sites will not be permitted unless they cannot be located on alternative sites that will cause less harm; the benefits of the developments clearly outweigh the impacts; or prevention, mitigation or compensation measures are provided.

National Planning Policy Framework (NPPF): 32. Section 10 Meeting the challenge of climate change, flooding and coastal change, states that planning plays a key role in supporting the delivery of renewable and low carbon energy and associated infrastructure. When determining applications, LPAs should approve the application if its impacts are (or can be made) acceptable. It should also be recognised that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions. 33. Section 11 relates to the conservation and enhancement of the natural environment and seeks to protect valued landscapes and minimise the impact of any development upon biodiversity and geodiversity.

Other Material Policy Considerations: Landscape Character Guidance and Toolkit 34. The application site lies close to the boundary of two landscape character sub-type 9d, Ridges (Furness) and sub type 2d - Coastal Urban Fringe. The key relevant characteristics of these landscape sub-type are improved pasture with distinctive stone walls; and woodland and small belts of trees forming prominent features and gently undulating land, urban influences linked to major transport routes mixed land cover of pasture scrub and semi natural grass land.

Council Plan 2014 – 2019: 35. The broad aims of the five year Council Plan are to:- Enable and deliver opportunities for economic growth. Provide homes to meet need. Improve residents’ health and wellbeing.

APPLICANTS REPRESENTATIONS 36. In response to the concerns and queries raised during the course of the application, the applicants have provided the following additional information. 37. The total weight of each equipped battery unit is approximately 28 tonnes. The maximum vehicle weight on UK roads is 44 tonnes and therefore, including the weight of the vehicle itself, this is not expected to cause any problems in terms of the highway. Our transport specialists have confirmed that the proposed crushed stone access road should also be sufficient to accommodate the large articulated vehicles and the limited number of movements associated with delivery. The final design of the access track, including the quantity / depth of materials used, can be confirmed as part of a Planning Condition. 38. Damage to property – any damage to property and to the highway (see condition proposed by the Highways Authority) reasonably attributable to the construction of the development can be repaired at the applicant / contractor’s expense. 39. Safety – we recognise that safety can be a concern for development types that are unfamiliar. Be assured that the project will be constructed to all the relevant UK and European safety standards. It is important to note that the proposed battery systems and materials used within them do not contain substances that are considered hazardous within Schedule 1 to the Planning (Hazardous Substances) Regulations 2015. Therefore, the development does not come under the Planning (Hazardous Substances) Regulations 2015. In addition, the manufacturer has confirmed that explosions from this type of battery are not possible and will not decompose at high temperatures. The likelihood of fire or the release of combustible or corrosive materials is extremely small. 40. Use of alternative batteries – this is normal for developments of this nature and so we propose including a Planning Condition requiring new specifications to be submitted to the Local Planning Authority and relevant assessments updated and approved prior to construction. 41. Noise – there are no generators proposed for the site as it is for battery energy storage only. However, I can confirm that the noise assessment assumes that the system will be operating at its maximum capacity, .ie it is a worst-case scenario and so noise levels will not be higher than those assessed.

ASSESSMENT 42. The main issues and material planning considerations include the principle of development, landscape and visual impacts, residential amenity, and highway considerations. The principle of development 43. The site is located in open countryside and comprises a relatively small part of a pasture field associated with an agricultural landholding. The nature of the proposal comprises a relatively new technology which has not as yet been fully addressed from a policy point of view. However, the main consideration regarding the principle of development would be whether the environmental and economic benefits of the proposal outweigh the policy presumption of restricting development within the open countryside. 44. By way of justification, the applicants have stated that the development would only take up 2.37% of the total landholding and therefore not prejudice the operation of the farm and would provide a secure rental income to the farm business. They also state that it is important that the site is located close to an existing substation to ensure the viability and effectiveness of the scheme. 45. In policy terms it is considered that there is sufficient justification for the development to be located in open countryside in this instance. The scale and location of the proposal would appear acceptable and the environmental benefits would appear to outweigh any potential adverse impacts. The principle of the development therefore meets the requirements of Core Strategy Policies CS 7.4 and CS7.7. Landscape and visual impacts. 46. One of the key issues in this case is considered to be the landscape and visual impact of the proposed development, taking into account the characteristics of its location. 47. The site is located within a low lying corner of a large undulating pasture field. Within a landscape characterised by low lying and gently undulating agricultural land enclosed by hedgerow field boundaries. An overhead electricity line supported by pylons crosses the field in a north to south direction which connects to the electricity substation. 48. The location of the development is relatively remote from public vantage points and the application site is largely screened by existing topography and hedgerows. The proposal also includes the provision of further screen planting around the perimeter of the fence enclosure. Additionally, given the low finished height of the structures it is considered that the development is of a scale which can be satisfactorily integrated into the surroundings without resulting in harmful visual and landscape impacts. The proposal would therefore accord with Policy CS8.2 of the Core Strategy.

Residential Amenity 49. The nearest residential properties to the site are at Penn Close located approximately 160 metres to the south; Field View, Stone Park Bungalow and High Barn located approximately 140 to 170 metres to the south-east; and Broad Dale approximately 250 metres to the south-west of the site. 50. The location and scale of the development such that it would be largely screened when viewed from these properties by the presence of a series of hedgerows. Therefore from a visual amenity point of view the development as built would not have any significant direct impacts on nearby residential properties. 51. The application is accompanied by a noise assessment report. This includes a background noise survey which was undertaken at the nearest residential receptors, the identification of noise emissions arising from the development, and an assessment of modelled noise levels against measured background levels to determine the likely impacts. 52. The report states that the plant will mainly operate within the hours of 09:00 to 20:00, however, theoretically it could operate any time of the day or night. The main process involves the charging and discharging of the batteries responding to energy demands on the grid. The plant also includes ventilation and cooling systems for the battery units. The predicted noise levels at the nearest residences have been assessed between the hours of 23:00 and 07:00, seen as the worst case scenario. 53. The results of the assessment indicate that the proposed plant operations would generate noise levels no higher than 8dB below the background level during the night time period at the sensitive receptors. As such the assessment concludes that development would have a low impact on residential amenity in terms of noise.

Highways 54. The proposed access to the site is on the northern side of Pennington Lane which connects to the A590 approximately 500 metres to the west. The access point is positioned between two junctions with minor lanes and within a double bend. 55. Once operational the site would be unmanned with only occasional visits by maintenance engineers in the order of once or twice a year. Given this is an existing field access with a degree of agricultural vehicular movements, it is considered that the proposed use once constructed would not generate significant impacts in highway terms. 56. The main highway impacts would arise mainly from the construction phase. The submitted Transport Note which accompanies the application includes details of the type of construction traffic likely to serve the development, a construction traffic management plan and an assessment of the likely traffic impacts during the construction phase. 57. The delivery and installation period of the proposed battery energy storage facility will take place over a two month period and involve a series of phases including site preparation, construction of the compound and delivery of the battery containers and removal of temporary site compound, followed by grid connection and commissioning. 58. A swept path analysis has identified that widening / improvements would need to be undertaken to the verges of Pennington Lane to accommodate the overrun by HGV’s delivering the components to the site. 59. The assessment concludes that the proposed development would not have a detrimental impact in road safety, traffic and highway terms and proposes a number of mitigation measures to reduce the impact of construction traffic including scheduling of deliveries, temporary signage and timing restrictions. 60. The Highways Officer has not raised any objections to the proposed development, but has recommended a number of conditions be attached to any consent to ensure that the construction phase is safely managed. These include the submission and approval of a detailed Construction Traffic Management Plan, including a pre-construction road condition survey, provision of visibility splay and boundary treatment details and provision for the parking of vehicles during the construction phase.

Other matters: Ecology 61. There are no ecological designations within or immediately adjacent to the site. The submitted Ecological Appraisal concludes that the development would result in the loss of a small area of species poor improved grassland of negligible ecological importance. Adjacent hedgerows would remain unaffected by the development but it is recommended that a protective fence is installed during the construction works. Additional hedgerow planting proposed would also improve the ecological value of the site. In terms of protected species, the report recommends measures to protect nesting birds during the construction phase and that the development area should be checked for young brown hares by a qualified person prior to any works being undertaken. Flood Risk and Drainage 62. The site is wholly located within flood zone 1 with a low probability of flooding. The footprint of the development is relatively small and the nature of the development is not classed as vulnerable. It is proposed to deal with the limited amount of surface water run-off through the use of sustainable drainage. The Lead Local Flood Authority have recommended that a condition be attached to any consent requiring drainage details to be submitted for approval.

CONCLUSION 63. The main consideration regarding the principle of development would be whether the environmental and economic benefits of the proposal outweigh the policy presumption of restricting development within the open countryside. The site is located close to an existing substation to ensure the viability and effectiveness of the scheme, and would aid farm diversification. There is sufficient justification for the development to be located in open countryside in this instance. The scale and location of the proposal would appear acceptable and the environmental benefits would appear to outweigh any potential adverse impacts. The principle of the development therefore meets the requirements of Core Strategy Policies CS 7.4 and CS7.7. 64. The development can be satisfactorily integrated into the surroundings without resulting in harmful visual and landscape impacts. Given the location of the nearest residential properties and the limited noise generated by operations the development would not adversely affect residential amenity. The proposed access to the site is acceptable. The main highway impacts would arise mainly during construction and these impacts can be controlled by conditions to ensure that the construction phase is safely managed.

RECOMMENDATION: GRANT subject to:- Condition (1) The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof. Reason To comply 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.

Condition (2) The development hereby permitted shall be carried out in accordance with the following approved plans: 1017/AL/003 site layout plan; 1017/AL/005 Rev. B site planting plan; 1017/AL/004 Rev. A Elevations; 1017/AL/008 Access Track Section; and 1017/AL/009 Access route and turning area. Reason For the avoidance of doubt and in the interests of proper planning.

Condition (3) The plant and structures hereby permitted shall be removed and the land restored to its former condition on or before the 30 November 2043 in accordance with a scheme of work which shall be submitted to and approved in writing by the Local Planning Authority. Reason To ensure that after the consent expires the land is reinstated to its former condition in accordance with saved Policy S24 of the South Lakeland Local Plan.

Condition (4) The development shall not proceed except in accordance with the mitigation measures within the submitted Noise Assessment Report prepared by RSK and deposited with the Local Planning Authority on 22 September 2017. Reason To protect the amenity of nearby residential properties.

Condition (5) The development shall not proceed except in accordance with the mitigation measures within the submitted Ecological Impact Assessment Report prepared by RSK ADAS Ltd. and deposited with the Local Planning Authority on 22 September 2017. Reason For the avoidance of doubt and to prevent harm to protected species in accordance with Policy CS8.4 of the South Lakeland Core Strategy.

Condition (6) The development shall not commence until visibility splays providing clear visibility of 2.4 metres by site maximum, measured down the centre of the access road and the nearside channel line of the major road, have been provided at the junction of the access road with the county highway. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed; and no trees, bushes or other plants shall be planted or be permitted to grow within the visibility splay, which obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded . Reason These details are required to be approved before the commencement of development to ensure a minimum standard of construction. In the interests of highway safety in accordance with Policy CS10.2 of the South Lakeland Core Strategy. Condition (7) a) Development shall not be begun until a Construction Traffic Management Plan (CTMP) has been submitted to and approved in writing by the Local Planning Authority. The CTMP shall include details of: i. the construction of the site access and the creation, positioning and maintenance of associated visibility splays; ii. access gates will be hung to open away from the public highway no less than 20m from the carriageway edge and shall incorporate appropriate visibility splays; iii. proposed accommodation works and where necessary a programme for their subsequent removal and the reinstatement of street furniture and verges, where required, along the route; iv. the pre-construction road condition established by a detailed survey for accommodation works within the highways boundary conducted with a Highway Authority representative; v. details of road improvement, construction specification, strengthening, maintenance and repair commitments if necessary as a consequence of the development; vi. details of proposed crossings of the highway verge; vii. retained areas for vehicle parking, manoeuvring, loading and unloading for their specific purpose during the development; viii. the surfacing of the access roads from the public highway into the site shall extend for a minimum of 25m; ix. construction vehicle routing; x. temporary signage strategy; xi. the management of junctions to and crossings of the public highway and other public rights of way / footway; xii. confirmation of the number and type of vehicles involved in construction / decommissioning works; xiii. the scheduling and timing of movements, details of escorts for abnormal loads, temporary warning signs and banksman. b) Development shall be carried out in accordance with the approved Construction Traffic Management Plan. Reason These details are required to be approved before the commencement of development to ensure a minimum standard of construction. In the interests of highway safety in accordance with Policy CS10.2 of the South Lakeland Core Strategy.

Condition (8) a) Full details of the surface water drainage system based upon sustainable drainage principles shall be submitted to the Local Planning Authority for approval prior to development being commenced. No surface water shall be drained directly or indirectly into the existing public sewer. b) Any approved works shall be implemented prior to the completion and operation of the site. Reason To ensure flood risk is not increased within the site or elsewhere, that priority is given to the use of sustainable drainage systems in accordance with Policy CS8.8 of the South Lakeland Core Strategy.

Condition (9) All hedgerow planting works shall be carried out in accordance with the approved details. The works shall be carried out before any part of the development is occupied or in accordance with a programme to be agreed in writing with the Local Planning Authority prior to any development commencing. Any trees / shrubs which are removed, die, become severely damaged or diseased within five years of their planting shall be replaced in the next planting season with trees / shrubs of similar size and species to those originally required to be planted unless the Local Planning Authority gives written consent to any variation. Reason To safeguard and enhance the character of the area and secure high quality landscpaing in accordance with saved Policy S3 of the South Lakeland Local Plan. Condition (10) Details of the proposed acoustic fence enclosure shall be submitted to and approved in writing by the Local Planning Authority prior to its installation. The approved details shall be fully implemented and retained thereafter. Reason To safeguard and enhance the character of the area and secure high quality landscaping in accordance with saved Policy S3 of the South Lakeland Local Plan.

Condition (11) Construction works, including site preparation, earthworks, start- up of machinery, deliveries and unloading of equipment and materials shall not take place outside the hours of 8.00 am to 6.00 pm Mondays to Fridays and 8.00 am to 1.00 pm on Saturdays and at no time on Sundays, Bank, or Public Holidays. Reason To safeguard the amenity of neighbouring occupiers.

P & P The Local Planning Authority has acted positively and proactively Statement in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating with the applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.