Planning Committee: 21.11 2013 Application Reference: 13/00543/FUL
Reference: Site: 13/00543/FUL Fairwind Farm Lower Dunton Road Laindon Essex
Ward: Proposal: Orsett This installation, 30 year operation (and subsequent decommissioning) of a series of ground mounted solar photovoltaic (PV) arrays together with control/transformation enclosures, underground cabling, security fencing, CCTV poles, cameras and other associated development (e.g. additional hedgerow planting) for the purpose of producing up to 10 megawatt peak of renewable electricity.
Plan Number(s): Reference Name Received OS 1:25,000 Site Location Plan 13 June 2013 978/FW 001 A PV Site Layout Plan 30 September 2013 978/FW 002 Site Location Plan 13 June 2013 FAIR002 02 PV Layout – Ground Installation Mounting 13 June 2013 Details Fixed Tilt System FAIR003 01 CCTV Camera Installation 13 June 2013 FAIR004 01 Transformation Enclosure 13 June 2013 FAIR005 02 Boundary Fence Details 9 August 2013
The application is also accompanied by: Environmental Statement Volume 1 Environmental Statement Volume 2 Technical Appendices Environmental Statement Non-Technical Summary Planning Statement Incorporating Design and Access Statement Phase 1 Flood Risk Assessment Report Applicant: Validated: MS Power Projects Ltd 10 June 2013 Date of expiry: 30 September 2013 Recommendation: Grant planning permission subject to conditions
Planning Committee: 21.11 2013 Application Reference: 13/00543/FUL
1.0 DESCRIPTION OF PROPOSAL
1.1 The application proposes the development and operation of a PV (photovoltaic) ‘solar farm’ installation, providing up to 10MWp of electricity which is to be supplied to the local electricity network. The application suggests that the farm would generate enough electricity for 2,300 homes. Planning permission is sought for an operational period of 30 years, after which it is proposed to remove the PV installation and restore the land to its current state.
1.2 The development involves the installation of a series of PV arrays. This process would follow detailed topographical and geotechnical survey work to confirm site levels, ground conditions and design maximum exposure to solar radiation. Each PV panel would typically measure 1.665m x 0.99m wide x 0.043m in depth. Panels would be mounted on an aluminium framework which would be assembled on site. There would not be a set number of panels per row but a single circuit is usually 20 panels. Blocks of panels would be mounted in an east-west direction and set away from hedgerows and site boundaries. The submitted Planning Statement states that the number of individual PV panels on the site will be determined at the detailed design stage, taking account of mitigation measures, site access and shading issues. However, for the purposes of assessment, the accompanying Environmental Statement (ES) states that a total of 40,000 panels will occupy the site.
1.3 The maximum height of each PV assembly would be approximately 2.5m above ground level. The faces of the PV panels would be angled at 30 degrees from horizontal and would the oriented to face due south. The lowest part of the panels would be positioned some 0.75m above ground level. Rows of panels would be are approximately 6.5m apart in order to prevent the overshadowing of adjacent panels, although this distance is increased where changes in topography dictate. Approximately 29% of the total site area will be covered by panels, equating to 8.7 hectares. Cabling would be routed underground to a depth of between 0.7m – 1m below ground level. Columns supporting the frames which hold the panels will be sunk some 1.5m into the ground to provide stability against wind resistance.
1.4 The PV arrays would be arranged to maintain a 5m wide clear corridor to the site boundaries, increasing to 10m adjacent to the eastern boundary. A similar 5m clear corridor would also be maintained to hedgerows running across the site. A 20m wide corridor would be maintained along the alignment of overhead electricity transmission cable which pass through the site and a 16m wide corridor would maintain an easement for an underground gas pipeline which crosses the site.
1.5 In addition to the panels and frames, up to 8no. transformation enclosures
Planning Committee: 21.11 2013 Application Reference: 13/00543/FUL
would be required. These would be up to 3m in height, 7.5m in length and 3m wide. These enclosures would be flat roofed structures and their purpose would be to contain the equipment necessary to convert the output from the PV modules into mains AC. The output voltage would be increased to 33kV for transfer into the distribution network.
1.6 A grid connection cabin would also be required of the same dimensions as the transformation enclosures. This cabinet is shown on plan at the north-eastern corner of the site, close to an existing National Grid substation.
1.7 The site boundary would be secured by a 2m high security mesh fence and an infra-red CCTV system. These items would be coloured green. The CCTV cameras would be mounted on top of galvanised steel poles, with each pole 2.5m in height. Poles and cameras would be placed at 35m centres along the site boundaries and would face into the site.
1.8 During the construction phase, a construction compound with wheel wash facility would be formed on-site with an area of 1 hectare. The Planning Statement notes that construction access would be from the south in order to avoid the use of the railway bridge close to the site which has a height restriction. No details of alterations to the site access or the boundary hedges have been provided though the supporting text mentions a wider access at 6m and a bellmouth. The non-technical summary states that hedgerow would be removed to improve the access and it would be reinstated. However, no further details have been provided. During operation of the development, there are no proposals for staff to be based on-site although staff would visit the site periodically for maintenance and security checks.
1.9 The ES states that the land beneath the arrays, between each row of panels and on the edges of the site, would be seeded with a grass and wildflower mix ‘’in strategic locations’’. A definition of what comprises a “strategic location” has not been provided. The ES non-technical summary states this grass and wildflower meadow would be managed and mown biannually and that this would have wildlife and run-off benefits. Elsewhere, it is suggested there is potential for use of the land beneath the arrays for the grazing of sheep. The non-technical summary says the land beneath the panels would be in pastoral use; however no further information is provided.
1.10 In the accompanying Planning Statement it is said that the existing hedgerows located at the edges of, and within the site would be maintained and allowed to grow to a height of 3.5m to reduce impact. The ES suggests that a section of hedgerow would be removed to provide a suitable construction access at the south-eastern corner of the site. Additional hedgerow planting is proposed to fill current gaps in the hedge along the eastern boundary of the site.
2.0 SITE DESCRIPTION
Planning Committee: 21.11 2013 Application Reference: 13/00543/FUL
2.1 The site extends to 29.99 hectares in area and is located to the western side of Lower Dunton Road and at the boundary of Thurrock with the administrative areas of Basildon and Brentwood. To the north of the site is the London- Southend railway line (Basildon to West Horndon section) on an embankment. The site is irregular in shape, but essentially comprises three open arable fields bordered by hedgerows and other planting. It is understood that the site has historically been used for the cultivation of oilseed rape and wheat crops. The majority of the site consists of two rectangular fields located west of Lower Dunton Road, whilst a third field forms the north-western part of the site. The site has a frontage to Lower Dunton Road of approximately 255m and a maximum depth, measured east to west, of approximately 1,055m. Adjacent to the north-eastern corner of the site is an existing electricity sub-station which fronts Lower Dunton Road. Overhead electricity lines (132kV) cross the site from the sub-station in an east-west direction and also from north to south. Additional electricity generation infrastructure associated with pylons is located within the site. A high pressure underground gas pipeline crosses through the centre of the site in a north-south direction.
2.2 Within the site is a concrete access track which runs roughly east to west from the electricity sub-station to the additional infrastructure within the site. A watercourse, which is a tributary of the Mardyke, crosses the site in an east- west direction. The site is located within the low risk flood zone (Zone 1). As noted above, the site has been used as arable farmland and is classified as Grade 3 (good to moderate) by the National Agricultural Land Classification.
2.3 Open agricultural land adjoins the site to the west and to the south. Opposite the site on the eastern side of Lower Dunton Road is the Langdon Nature Reserve and Visitor Centre site, operated by the Essex Wildlife Trust. The site is located within the Metropolitan Green Belt. Ground levels across the site fall gently to the north-west away from Lower Dunton Road and towards the watercourse. However, levels rise at the north-western part of the site, beyond the watercourse and adjacent to the railway embankment.
3.0 RELEVANT HISTORY
3.1 None.
4.0 CONSULTATIONS AND REPRESENTATIONS
4.1 BASILDON COUNCIL:
No reply received.
4.2 BRENTWOOD COUNCIL: No reply received.
Planning Committee: 21.11 2013 Application Reference: 13/00543/FUL
4.3 ENVIRONMENT AGENCY:
“Please note that the proposed development site lies within Flood Zone 1 and, although the site is over 1ha in size, we would not expect the nature of the development to significantly increase the surface water run-off. We do not therefore consider this application to pose any additional flood risk. Under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws, the prior written consent of the Agency is required for any proposed works or structures in, under, over or within 9 metres of the top of the bank of the main river (Amass Sewer).”
4.4 ESSEX POLICE:
No reply received.
4.5 ESSEX WILDLIFE TRUST:
“We have examined Natural England’s detailed response in respect of biodiversity enhancements and fully agree with and support their recommendations. We would wish to add that there may be a case for arranging the sheep grazing regime in such a way that a section(s) of grassland is left unmown / ungrazed for two summers (grazed after the second one), thereby maximising invertebrate interest (meanwhile a second section would be dovetailing into the regime, growing up in the second year and being left unmown / ungrazed the third year, to be grazed/mown in the late summer of that 3rd year - and so on). This would be particularly beneficial for invertebrates and would complement the biodiversity of both the Langdon EWT reserve and the adjacent railway verges. We welcome the proposals for hedgerow enhancement, strategic nestboxes (owl/kestrel), continuity of green cover, etc. With regard to the proposal for the creation of a pond area, there is an existing ditch network which may provide the opportunity for such a wet area associated with it.”
4.6 ESSEX COUNTY COUNCIL (ARCHAEOLOGY) – RESPONSE DATED 21 JUNE 2013:
“The Historic Environment Record shows the development area to be within an area which has had little or no study. The desk based assessment clearly identifies, however, the potential for Roman through to post medieval deposits surviving within the development area and its surroundings. Under paragraph 7.1.4 appendix H1 the Environmental Statement states:
‘This assessment has established that there is an archaeological interest within the Site. This is defined as the potential for the presence of buried archaeological remains, in particular relating to Romano-British, medieval and post-medieval agricultural activity. However, due to a lack of previous archaeological investigation, the potential for and significance of any such remains could not be accurately assessed on the basis of the available
Planning Committee: 21.11 2013 Application Reference: 13/00543/FUL
evidence, although it is anticipated that any such remains would likely be of local (medieval and post-medieval remains) or regional (Romano-British and prehistoric archaeology) importance. It is judged that the Development has the potential to cause a direct adverse effect on any buried heritage assets identified within the Site. Any impact would be permanent and irreversible.’
The following recommendation is based on that given in the National Planning Policy Framework.
Recommendation An appropriate assessment should be undertaken prior to any decision being made on the planning application. In this case the most appropriate method may be geophysical assessment to identify any significant historic assets being present.
Further recommendations: A recognised professional team of archaeologists should undertake any work on this site. The Council should inform the applicant of the archaeological recommendations and its financial implications. An archaeological brief detailing the work can be produced from this office.”
ESSEX COUNTY COUNCIL (ARCHAEOLOGY) – UPDATED RESPONSE DATED 21 AUGUST 2013:
“The Historic Environment Advisor has been provided an addendum on the results of geophysical evaluation of the Fairwinds Site. The addendum is attached with this letter. The results of the geophysics indicate that there are no highly significant archaeological deposits present on the site. However, it has been identified that there is still the potential for deposits being present of local importance. The addendum has suggested that a monitoring programme of groundworks would be the most appropriate mitigation strategy for this site and this office is in agreement with this. Therefore the following recommendation is based on the guidance given in the National Planning Policy Framework.
RECOMMENDATION: Archaeological Monitoring
‘No development or preliminary groundworks of any kind shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant, and approved by the planning authority."
Further recommendations: A recognised professional team of archaeologists should undertake any work on this site. The archaeological work would comprise the monitoring of the groundwork’s associated with the development. The Council should inform the applicant of the archaeological recommendations and its financial
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implications. An archaeological brief detailing the work can be produced from this office.”
4.7 NATURAL ENGLAND:
“From the information provided with this application, it does not appear to fall within the scope of the consultations that Natural England would routinely comment on. The lack of specific comment from Natural England should not be interpreted as a statement that there are no impacts on the natural environment, but only that the application is not likely to result in significant impacts on statutory designated sites, landscapes or species. It is for the local authority to determine whether or not this application is consistent with national or local policies on biodiversity and landscape and other bodies and individuals may be able to help the Local Planning Authority (LPA) to fully take account of the environmental value of this site in the decision making process, LPAs should seek the views of their own ecologists when determining the environmental impacts of this development. We would, in any event, expect the LPA to assess and consider the possible impacts resulting from this proposal on the following issues when determining this application:
Creation of UK Biodiversity Action Plan Priority Habitats Natural England considers that there are excellent opportunities at this site for the creation of priority habitats. The biodiversity enhancements for the site have been considered in the Environmental Statement, and Natural England welcomes the measures to enhance hedgerows, but in particular we welcome the reversion of the former arable fields to species-rich grassland. We also understand that the site is to be grazed by sheep, which again (at an appropriate rate) provides an excellent method of managing the grassland, and particularly important from a grassland conservation perspective.
The proximity of the site to an existing local wildlife site (the Langdon Complex), also offers good local context for an aspiration to enhance the site towards local nature conservation objectives. The Essex Wildlife Trust may therefore be interested in providing further advice in the context of their site.
The management of the site should broadly aim to reduce soil fertility / nutrient load, to provide suitable conditions for a flower-rich component to the sward. The use of competitive coarse grasses should be avoided (e.g. rye-grass, Yorkshire fog etc), and finer grasses are encouraged (bents, crested dogstail etc). The seedmix should be in response to soil chemistry, and so soil testing is encouraged to design the mix according to local conditions.
The Environmental Statement concludes that the development will deliver ‘significant beneficial effect on local flora and biodiversity’ (non-technical summary, paragraph 63), and that ‘the Development will have a significant positive effect on local flora’ (ES chapter 7, paragraph 7.7.12). We encourage the developer therefore to state a commitment to working towards a UK BAP priority habitat type – we suggest “lowland meadows” – in order to set out clear aspirations for the biodiversity aspects of the development at this site. To that end, we consider that a habitat monitoring scheme is appropriate, with
Planning Committee: 21.11 2013 Application Reference: 13/00543/FUL
monitoring surveys in years 1, 3, 5 post-consent. We suggest such a scheme is secured with a suitably worded planning condition. We also refer the developer to the following sources of information, which are likely to assist in achieving the best results from the scheme.
Natural England Technical Information Notes:- - TIN 066 Arable reversion to species-rich grassland: site selection and choice of methods. - TIN 067 Arable reversion to species-rich grassland: establishment of a sown sward. - TIN 068 Arable reversion to species-rich grassland: early management of the new sward. - TIN 038 Seed sources for grassland restoration and re-creation in Environmental Stewardship.
Whilst these advice notes have been produced for Environmental Stewardship options, the principles will still apply, and will help to maximise the benefit of the habitat creation at this site over the life of the project. We note that the applicant has also referenced appropriate guidance from Buglife, which will also help to guide the proposals. We would be grateful if you would notify us of your decision in due course.
Protected species
If the LPA is aware of, or representations from other parties highlight the possible presence of a protected or Biodiversity Action Plan (BAP) species on the site, the authority should request survey information from the applicant before determining the application. The Government has provided advice on BAP and protected species and their consideration in the planning system. Natural England Standing Advice is available on our website to help local planning authorities better understand the impact of this particular development on protected or BAP species should they be identified as an issue at particular developments. This also sets out when, following receipt of survey information, the authority should undertake further consultation with Natural England.
Local wildlife sites
If the proposal site could result in an impact on a Local Site4, Local Nature Reserve (LNR) or priority habitat the authority should ensure it has sufficient information to fully understand the impact of the proposal on the local site before it determines the application, ensuring that it does so in conformity with the wording of paragraph 168 of the National Planning Policy Framework. For further information on Local Sites, your authority should seek views from your ecologist, or the Local Sites designation body in your area.
Biodiversity enhancements
Planning Committee: 21.11 2013 Application Reference: 13/00543/FUL
This application may provide opportunities to incorporate features into the design which are beneficial to wildlife, such as the incorporation of roosting opportunities for bats or the installation of bird nest boxes. The authority should consider securing measures to enhance the biodiversity of the site from the applicant, if it is minded to grant permission for this application. This is in accordance with Paragraph 118 of the NPPF. Additionally, we would draw your attention to Section 40 of the Natural Environment and Rural Communities Act (2006) which states that ‘Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity’. Section 40(3) of the same Act also states that ‘conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat’.
Local Landscape
This proposal does not appear to be either located within, or within the setting of, any nationally designated landscape. All proposals however should complement and where possible enhance local distinctiveness and be guided by your Authority’s landscape character assessment where available, and the policies protecting landscape character in your local plan or development framework. Should the proposal be amended in a way which significantly affects its impact on the natural environment then, in accordance with Section 4 of the Natural Environment and Rural Communities Act 2006, Natural England should be consulted again. Before sending us the amended consultation, please assess whether the changes proposed will materially affect any of the advice we have previously offered. If they are unlikely to do so, please do not re-consult us.”
4.8 NATIONAL GRID:
“National Grid exercises its right to place a Holding Objection to the above proposal which is in close proximity to a High-Pressure Gas Pipeline - Feeder 5 (Braintree to Horndon).
National Grid has a Deed of Easement for each pipeline a Deed of Consent is required for any crossing of the easement including infrastructure owned by other utilities
No buildings should encroach within the Easement strip of the pipeline No demolition shall be allowed within 150 metres of a pipeline without an assessment of the vibration levels at the pipeline. Expert advice may need to be sought which can be arranged through National Grid. National Grid has a Deed of Easement for each pipeline which prevents change to existing ground levels, storage of materials. It also prevents the erection of permanent / temporary buildings, or structures. If necessary National grid will take action to legally enforce the terms of the easement.
Planning Committee: 21.11 2013 Application Reference: 13/00543/FUL
You should be aware of the Health and Safety Executives guidance document HS(G) 47 "Avoiding Danger from Underground Services", and National Grid’s specification for Safe Working in the Vicinity of National Grid High Pressure gas pipelines and associated installations - requirements for third parties T/SP/SSW22. You should already have received a link to download a copy of T/SP/SSW/22, from our Plant protection Team, which is also available to download from our website. To view the SSW22 Document, please use the link below: http://www.nationalgrid.com/uk/LandandDevelopment/DDC/GasElectricN W/safeworking.htm A National Grid representative will be monitoring the works to comply with SSW22. To download a copy of the HSE Guidance HS(G)47, please use the following link: http://www.hse.gov.uk/pubns/books/hsg47.htm National Grid will also need to ensure that our pipelines access is maintained during and after construction. Our pipelines are normally buried to a depth cover of 1.1 metres however; actual depth and position must be confirmed on site by trial hole investigation under the supervision of a National Grid representative. Ground cover above our pipelines should not be reduced or increased. If any excavations are planned within 3 metres of National Grid High Pressure Pipeline or, within 10 metres of an AGI (Above Ground Installation), or if any embankment or dredging works are proposed then the actual position and depth of the pipeline must be established on site in the presence of a National Grid representative. A safe working method must be agreed prior to any work taking place in order to minimise the risk of damage and ensure the final depth of cover does not affect the integrity of the pipeline. Excavation works may take place unsupervised no closer than 3 metres from the pipeline once the actual depth and position has been has been confirmed on site under the supervision of a National Grid representative. Similarly, excavation with hand held power tools is not permitted within 1.5 metres from our apparatus and the work is undertaken with NG supervision and guidance.
Pipeline Crossings
Where existing roads cannot be used, construction traffic should ONLY cross the pipeline at locations agreed with a National Grid engineer. All crossing points will be fenced on both sides with a post and wire fence and with the fence returned along the easement for a distance of 6 metres. The pipeline shall be protected, at the crossing points, by temporary rafts constructed at ground level. No protective measures including the installation of concrete slab protection shall be installed over or near to the National Grid pipeline without the prior permission of National Grid. National Grid will need to agree the material, the dimensions and method of installation of the proposed protective measure. The method of
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installation shall be confirmed through the submission of a formal written method statement from the contractor to National Grid. Please be aware that written permission from National Grid is required before any works commence within the National Grid easement strip. A National Grid representative shall monitor any works within close proximity to the pipeline to comply with National Grid specification T/SP/SSW22. A Deed of Indemnity is required for any crossing of the easement including cables
Cables Crossing
Cables may cross the pipeline at perpendicular angle to the pipeline i.e. 90 degrees. A National Grid representative shall supervise any cable crossing of a pipeline. An impact protection slab should be laid between the cable and pipeline if the cable crossing is above the pipeline. Where a new service is to cross over the pipeline a clearance distance of 0.6 metres between the crown of the pipeline and underside of the service should be maintained. If this cannot be achieved the service must cross below the pipeline with a clearance distance of 0.6 metres.
All work should be carried out in accordance with British Standards policy
BS EN 13509:2003 - Cathodic protection measurement techniques BS EN 12954:2001 - Cathodic protection of buried or immersed metallic structures – General principles and application for pipelines BS 7361 Part 1 - Cathodic Protection Code of Practice for land and marine applications National Grid Management Procedures”
4.9 NETWORK RAIL:
No reply received.
4.10 DEFRA:
No reply received.
4.11 CIVIL AVIATION AUTHORITY:
No reply received.
4.12 HIGHWAYS:
“RECOMMENDATION: No Objections with conditions
Planning Committee: 21.11 2013 Application Reference: 13/00543/FUL
The proposed development appears to only cause highway issues during the construction phase, with very little traffic impact associated with maintenance of the site. Subject to conditions, no objections are raised.”
The Highways Officer recommends that a number of conditions are attached to any grant of planning permission, addressing the issues of:
site access design; visibility splays; abnormal loads; turning areas; hardstandings; wheel washing; and HGV movements.
4.13 LANDSCAPE AND ECOLOGY ADVISOR – RESPONSE DATED 15 JULY 2013:
Ecology
The Environmental Statement includes a desk study and Phase 1 habitat survey which concludes that the site currently has limited ecological value due to it being predominantly arable farmland. The hedges on the site boundaries and a small stream which runs through the site are the main features with some ecological value. Although the site is close to an Essex Wildlife Site nature reserve it is not considered that the proposal would have an adverse impact on this site. It is agreed that the development would not have any adverse impacts on the existing ecology and could achieve a modest gain if the proposed mitigation measures were delivered. There are no objections to this scheme on ecology grounds.
Landscape and Visual Impacts
The site is in gently rolling countryside on the northern edge of the borough. There is a small valley associated with the stream running through the site which although modest in scale does have implications for the visual impacts. The majority of the site slopes gently away from Lower Dunton Road which lessens views over the eastern part of the site; however the western end rises up beyond the stream and therefore is more visible. The proposed mitigation measures would only partially screen the views of this part of the site. It is considered that this western area should be removed or scaled back to lessen the impacts.
The surrounding topography and vegetation help to screen views of the site from most of the selected viewpoints. The viewpoints with adverse impacts however are from the southeast, e.g. from the Essex Wildlife Trust’s Langdon Visitor Centre car park and from the west, e.g. off Brentwood Road. There are glimpses of the site from Doesgate Lane. In each of these locations the
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impacts are mitigated in part by existing vegetation. The effectiveness of this will be reduced during the winter when the leaves are off the trees and hedges.
The hedge on the eastern boundary with the Lower Dunton Road is currently approximately 1.5m tall with large gaps. As a result there would be views across the site until the new planting had established and the existing hedge had grown sufficiently tall to provide sufficient screening. The need for improved visibility splays on the site entrance would require the loss of some existing hedgerow. The location of the security fence on this boundary together with the PV panels ending within 5m of the boundary would provide a more ‘industrial’ character to this section of road compared to the current views across farmland. It is considered that there should be a greater buffer between the development and Lower Dunton Road to help reduce this impact by allowing the security fence to be set back from the roadside.
There is some confusion as to the height of the proposed fence; in the report it is stated that it will be 2m but on the plans it is shown as 3.5m tall. There is no detailed assessment of the potential impacts of reflected light from the PV panels provided with the application. It is stated within the Planning Statement that the chosen technology only reflect back 5% of received light. There is no attempt to illustrate what visual impact this would have when 40,000 panels are located together.
The site is situated within the ‘B1 - Sticking Hill Rolling Farmland/Wooded Hills’ Landscape Character Area as defined in the Thurrock Landscape Capacity Study produced in 2005. The key characteristics of this area include the sparse pattern of settlements, its rural farming character. In assessing the impacts on landscape character there are several assumptions made that have a significant impact on the conclusions reached within the LVIA. In paragraph 8.8.26 of the ES report it is stated that, despite the area not being within one of the urban fringe landscape character areas identified in the Thurrock Landscape Capacity Study, it should be considered as such. No evidence is provided to support this assumption; it appears to be based on the area’s proximity to Basildon. The report acknowledges that the area is well- screened by mature woodland and is separated from the urban edge by countryside which includes the large Langdon nature reserve. This part of the borough still retains a largely traditional farming with few of the other features often associated with urban fringe areas such as extensive areas of horse paddocks.
There is also an assertion that because the scheme has a proposed end date, i.e. 30 years, that it can be considered a temporary scheme. This is not considered to be appropriate. The landscape and visual impacts will be experienced for some time; it is acknowledged within the report that the mitigation measures could take 10 years to become effective. Although the London to Southend railway passes to the north on an embankment this is largely screened by mature trees on the bank and adjoining field. Similarly the large electricity sub-station is well-screened from the road. Therefore it is not considered appropriate to use these to help justify the proposed development.
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The scale of the development at nearly 30 hectares means that it will have a sizable impact on the character of the area with the views onto the site being of lines of engineered structures rather than of traditional farmland within a gently rolling landscape. It is considered that this development would have a significant effect on the landscape character of this part of the borough.
It is accepted that long views over the site are well-screened by the topography of the area, the elevated railway line to the north and existing trees, woods and hedges. This would help limit the visual impacts of the scheme to viewpoints 4 & 14 identified in the LVIA as well as glimpses of the site from Doesgate Lane and from Lower Dunton Road immediately east of the site. The proposed additional tree and hedge planting would help to reduce these impacts over time, although it is recognised in the ES report that this could take up to 10 years to achieve.
In assessing the impact on landscape character it is accepted that the area does not contain many of the features that can be considered to create a landscape of a high value. It is however within the Green Belt and therefore the issue of retaining openness is considered of high importance. Other assumptions made in the ES report, which are discussed above, are not considered appropriate. Due to the scale of the proposed development it is considered that the impacts on landscape character should be considered to be no less that moderate. The proposed mitigation would, over a period of 10 years, help to offset many of the visual impacts but would not fully address the effects on landscape character, creating a more ‘industrial’ landscape for up to 30 years. It is considered that the current scheme would have harm to the landscape character of the area. A reduction in the scale of the scheme could help reduce the impacts and enable the proposed mitigation measures to be more effective.”
4.14 LANDSCAPE AND ECOLOGY ADVISOR – RESPONSE DATED 17 OCTOBER 2013:
“I am writing following our site visit on 6 September and receipt of Chris Brake’s (Agent) letter of 23 September addressing the issues I raised in my previous response of 15th July and during the site visit.
Landscape
A key concern related to the visual impacts of the scheme from Lower Dunton Road where it was proposed that the boundary fence would be positioned next to the hedge and with the PV panels within 5m. As it would take time for the hedge to grow sufficiently tall to provide adequate screening there was concern that the fence and panels would create a more ‘industrial’ character to the area. Following the site meeting it has been agreed that the fence would be set back 10m from the hedge, which combined with the site topography would lessen the visual effects from the road. In addition it would provide an increase in the amount of wildflower grassland available on site.
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It is noted that the applicant is wishing to avoid the need to create large visibility splays to serve the construction traffic due to its limited nature. If this can be avoided it will reduce the visual effects of opening up a large section of the boundary and ensure that the final height of the hedge is obtained more quickly than if a new hedge was planted beside the new splays.
The issue of the fence heights has been corrected on the plans. It has been confirmed that they will be 2m tall rather than 3.5m.
It is noted that the issue of glint and glare was scoped out by the Council in its response of 24 January 2013.
The change of wording from ‘temporary’ to ‘time-limited’ is considered more appropriate. It is agreed that the benefits of the tree and hedge planting could be retained beyond the end of the operational life of the solar farm.
Having had the opportunity to visit the whole of the site it is considered that the effects of the scheme on landscape character can be mitigated by moving the boundary fence and by using faster growing tree species as part of the landscape scheme. Having checked potential viewpoints from publicly accessible locations it is confirmed that there would not be any significant views of the development from east of Lower Dunton Road.
Ecology
No objections were raised to this scheme on ecology grounds in my previous response as it was felt that the mitigation measures would provide some positive biodiversity gains. The revisions would increase the amount of species-rich grassland along the eastern boundary which would increase the value of these gains.
It is noted that the responses from Natural England and Essex Wildlife Trust that they raise no objections to the scheme but make recommendations in terms of how to establish a wildflower mix on arable land and details about future grazing regimes. These issues should form part of a planning condition requiring a management plan to be produced for the site.
Following the site visit and the clarification of issues raised in my previous response of 15 July I am happy now that the landscape and visual impacts can be mitigated by the measures proposed. The scheme has the potential to achieve a positive biodiversity gain through the creation of extensive areas of wildflower meadow and enhancement of the hedges and stream on site.
4.15 ENVIRONMENTAL HEALTH OFFICER:
“Noise The operational noise from the installation is likely to be low. However, the noise from the eight inverter installations has been raised in the ES documentation and so I have examined the noise emission data supplied with the application, together with the inverter locations that are evenly spread
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throughout the site. Assuming the inverter enclosure provides 10dB attenuation (a reasonable figure) the cumulative sound pressure level from all the invertors will be approximately 30 dB at the nearest noise sensitive receptor. This is likely to be at, or below, the night-time background level for this location and so the impact will be negligible.
Construction
If you are minded to approve the application, I would recommend: A condition restricting the hours of construction /demolition to 08.00 to 18.00 hours Mondays to Fridays, 08.00 to 13.00 Saturdays with none on Sundays and Bank Holidays. A method statement for the control of dust during construction /demolition to be submitted for approval by the LPA prior to work commencing. No bonfires should be permitted on site.”
4.16 PUBLIC RIGHTS OF WAY OFFICER:
“Having inspected the documents and plans available I wish to inform you there are no Definitive Public Rights of Way either crossing or in the vicinity of this development therefore I have no objections to the proposal.”
4.17 PUBLICITY :
This application has been advertised via a press notice, the display of site notices and consultation letters to nearby properties. One letter of objection has been received raising the following concerns:
loss of Green Belt; harm to character; additional traffic; visual impact; loss of view; excessive noise.
4.18 Members will be updated should additional letters of representation be received before the meeting. Copies of any additional letters will also be made available to view in the Member’s Letters Book.
5.0 POLICY CONTEXT
5.1 NATIONAL PLANNING POLICY FRAMEWORK (NPPF)
The NPPF was published on the 27 March 2012. The NPPF largely carries forward many existing planning policies and protections, albeit in a significantly more streamlined form and makes adjustments to some specific policies. The policy documents listed at Annex 3 of the Framework (including many existing
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Planning Policy Guidance notes (PPG’s) and Planning Policy Statements (PPS’s) are cancelled.
5.2 Paragraph 13 of the Framework sets out the presumption in favour of sustainable development. Paragraph 196 of the Framework confirms the tests in s.38(6) of the Planning and Compulsory Purchase Act 2004 and s70 of the Town and Country Planning Act 1990 and that the Framework is a material consideration in planning decisions. Paragraph 197 states that in assessing and determining development proposals, local planning authorities should apply the presumption in favour of sustainable development.
5.3 The following headings and content of the NPPF are relevant to the consideration of the current proposals.
5.4 Core Planning Principles:
Planning should, inter-alia, support the transition to a low carbon future in a changing climate, taking full account of flood risk and coastal change … and encourage the use of renewable resources for example, by the development of renewable energy.
5.5 Protecting Green Belt Land:
The Government attaches great importance to Green Belts. The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open; the essential characteristics of Green Belts are their openness and permanence. Once Green Belts have been defined, local planning authorities should plan positively to enhance the beneficial use of the Green Belt, such as, inter-alia, to retain and enhance landscapes and biodiversity.
As with previous Green Belt policy, inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. When located in the Green Belt, elements of many renewable energy projects will comprise inappropriate development. In such cases developers will need to demonstrate very special circumstances if projects are to proceed. Such very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable sources.
5.6 Meeting the challenge of climate change, flooding and coastal change:
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. When determining planning applications, local planning authorities should:
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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 (unless material considerations indicate otherwise) if its impacts are (or can be made) acceptable.
5.7 Conserving and enhancing the natural environment:
The planning system should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes, minimising impacts on biodiversity and providing net gains in biodiversity, where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity.
5.8 In July 2013 the Government published ‘Planning practice guidance for renewable and low carbon energy’. This document is a material planning consideration and cancels earlier guidance contained within ‘Planning for Renewable Energy: A Companion Guide to PPS22.’ Planning practice guidance notes that increasing the amount of energy from renewable sources will help to secure energy supply, reduce greenhouse gas emissions and stimulate investment in new jobs and businesses. Planning has an important role in the delivery of new renewable and low carbon infrastructure in locations where the local environment impact is acceptable.
5.9 The practice guidance sets out a number of planning considerations that relate to large scale, ground-mounted solar voltaic farms. It is noted that these farms can have a negative impact on the rural environment, especially in very undulating landscapes. However, the visual impact of well-planned and well- screened solar farms can be properly addressed within the landscape if planned sensitively. Particular factors for a local planning authority to consider include:
encouraging effective use of previously developed land and if a proposal involves greenfield land, that it allows for continued agricultural use and / or encourages biodiversity improvements; planning conditions can be used to ensure that installations are removed when no longer in use and land restored to its previous use; the effect on landscape of glint and glare and on neighbouring uses and aircraft safety; the extent of additional impacts if solar arrays follow the daily movement of the sun; the need for, and impact of security measures; the conservation of heritage assets; the potential to mitigate landscape and visual impacts through, for example, screening with native hedges; the energy generating potential.
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5.10 Finally, the practice guidance suggests that the approach to assessing landscape and visual impact is likely to be the same as assessing the impact of wind turbines. However, in the case of ground-mounted solar panels, with effective screening and appropriate topography the area of a zone of visual influence could be zero.
5.11 THURROCK LDF CORE STRATEGY & POLICIES FOR THE MANAGEMENT OF DEVELOPMENT DPD:
Policy CSSP4 (Sustainable Green Belt) - The Council’s policy is to maintain the purpose, function and open character of the Green Belt in Thurrock in accordance with the provisions of PPG2 for the plan period. The Council will:
I. Maintain the permanence of the boundaries of the Green Belt, excepting the proposed Urban Extension Broad Locations Identified in this policy, Policy CSSP 1 and as shown on the Proposals Map. II. Resist development where there would be any danger of coalescence. III. Maximise opportunities for increased public access, leisure and biodiversity.
5.12 Policy CSTP18 (Green Infrastructure) - The Council, with its partners, will restore, protect, enhance and where appropriate create its green assets. Alongside the requirements for biodiversity set out in Policy CSTP19, development must contribute to the delivery of Green Infrastructure. Opportunities to increase Green Infrastructure will be pursued in new developments through the incorporation of features such as habitat/wildlife creation.
5.13 Policy CSTP21 (Productive Land) - Development of the best and most versatile land (DEFRA Grades 1, 2 and 3) will not be supported except in exceptional circumstances. Developers will need to demonstrate that: I. there is no suitable site in a sustainable location on land of poorer agricultural quality; or II. alternative sites have greater value for their landscape, biodiversity, amenity, heritage or natural resources or are subject to other constraints such as flooding.
5.14 Policy CSTP23 (Thurrock Character and Distinctiveness) – the Council will protect, manage and enhance the character of Thurrock to ensure improved quality and strengthened sense of place. Rural landscapes and the Green Belt are identified as areas where character is a key issue.
5.15 Policy CSTP25 (Addressing Climate Change) -The Council will require climate change adaptation measures and technology to be considered from the outset in any development proposal including reduction of emissions, renewable and low carbon technologies.
5.16 Policy CSTP26 (Renewable or Low-Carbon Energy Generation) – the Council will encourage opportunities to generate energy from non-fossil fuel and low-
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carbon sources The Council will promote the delivery of renewable and low- carbon energy developments utilising technology such as solar panels, biomass heating, small-scale wind turbine, photovoltaic cells, Combined Heat and Power and other methods. The Council will view an application as unacceptable where it produces a significant adverse impact that cannot be mitigated.
5.17 The following Policies for the Management of Development are also relevant to this case:
PMD1 – Minimising Pollution and Impacts on Amenity; PMD2 – Design and Layout; PMD6 – Development in the Green Belt PMD7 – Biodiversity, Geological Conservation and Development PMD13 – Decentralised, Renewable and Low Carbon Energy Generation PMD14 – Carbon Neutral Development
6.0 ASSESSMENT
6.1 The issues to be considered in this case are:
1. Principle of the development and impact on the Green Belt 2. Landscape and visual impact 3. Impact upon agricultural land 4. Ecological implications 5. Impact upon amenity 6. Highways issues
1. PRINCIPLE OF THE DEVELOPMENT AND IMPACT ON THE GREEN BELT
6.2 Paragraph 91 of the NPPF notes that when located in the Green Belt, elements of many renewable energy projects will comprise inappropriate development. In such case developers will need to demonstrate very special circumstances if projects are to proceed. Such very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable sources. Inappropriate development is, by definition, harmful to the Green Belt. In addition to the "in principle" harm associated with inappropriate development, it is also necessary to consider the impact of the proposals on the open character and setting of the Green Belt.
6.3 The applicant's Planning Statement makes reference to the proposed generation of renewable energy at the site, and the valuable contribution the proposal could make towards national and local policy targets which are aimed at reducing carbon emissions, maintaining the reliability of energy supplies and promoting a competitive energy market. The applicant also considers that impact on the Green Belt will be temporary, insofar as the proposal seeks
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permission to operate the solar farm for a 30 year period. The Planning Statement refers to screening which is considered to minimise the impact of the proposals on openness. The applicant also refers to Section 3 of the NPPF (Supporting a prosperous rural economy) which, inter-alia, promotes the diversification of agricultural and other land-based rural businesses. Finally, the applicant refers the beneficial impacts on biodiversity associated with the development and the contributions these benefits could make to meeting national and local planning policy. The applicant’s case for very special circumstances can therefore be summarised as:
contribution towards generation of renewable energy / reducing carbon emissions; temporary nature of the use; limited impact on the openness of the Green Belt; assisting in agricultural diversification; benefits for biodiversity.
6.4 Addressing each of the very special circumstances promoted above in turn, the contribution which renewable energy can make towards sustainable development is recognised within the NPPF. Paragraph 17 of this document lists 12 core planning principles which should underpin decision-making. Core principle six supports the transition to a low carbon future by encouraging the use of renewable resources for example, by the development of renewable energy. Under the heading of ‘meeting the challenge of climate change, flooding and coastal change’ paragraph 93 of the NPPF notes that planning plays a key role in supporting the delivery of renewable and low carbon energy and associated infrastructure. This is described as central to the economic, social and environmental dimensions of sustainable development. In order to increase the use and supply of renewable and low carbon energy, local planning authorities should have a positive strategy to promote energy generation from these uses (NPPF para. 97). When determining planning applications, local planning authorities should not require applicant for energy development to demonstrate the overall need for renewable energy or low carbon energy and should approve the application (unless material considerations indicate otherwise) if its impacts are, or can be made, acceptable (NPPF para. 98). Consequently, there is considerable support within national planning policy for the generation of renewable and low carbon energy. As noted above, paragraph 91 of the NPPF states that, in the case of renewable energy projects located in a Green Belt, the wider environmental benefits associated with the increased production of energy from renewable sources may comprise very special circumstances. On this point, it is concluded that the contribution the proposal would make towards clean energy generation and reducing carbon emissions is supported by national policy and accordingly should be afforded weight in the consideration of very special circumstances.
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6.5 The applicant promotes the temporary (30 year) duration of the proposed solar farm as a factor contributing towards very special circumstances. Although the applicant is not seeking a permanent permission and the solar farm (if approved) would be removed after 30 years of operation, this period is a moderately long period of time. Consequently, it is considered that only limited weight should be placed on this factor as a very special circumstance.
6.6 The third factor cited by the applicant as contributing towards very special circumstances is the limited impact on the openness of the Green Belt. This issue is considered later in this report. However, it is not considered that this factor should be afforded weight as a very special circumstance.
6.7 The fourth matter put forward by the applicant is the contribution which the proposals would make towards assisting in agricultural diversification. As noted above, under the heading of ‘Supporting a prosperous rural economy’ paragraph 28 of the NPPF requires planning policies to support rural economic growth and take a positive approach to sustainable new development. Amongst other matters, planning policies should “promote the development and diversification of agricultural and other land-based rural businesses”. The proposals would contribute towards this broad aim and therefore it is considered that some weight can be afforded to this matter as a very special circumstance.
6.8 The final point made by the applicant in their case for very special circumstances is the benefits for biodiversity which form part of the proposals. Chapter 11 of the NPPF (Conserving and enhancing the natural environment) notes that the planning system should contribute to and enhance the local environment by, amongst other matters, providing net gains in biodiversity. In particular, paragraph 118 of the NPPF states that when determining planning application, local planning authorities should conserve and enhance biodiversity by applying a number of principles including the encouragement of biodiversity in and around developments. Comments from the Council’s landscape and ecology advisor note that the application would provide positive biodiversity gains through enhancement of existing hedgerows and the introduction of species-rich grassland. Compared to the current limited ecological value of the site, the proposals would provide positive benefit. Therefore, with reference to the NPPF and Core Strategy policy PMD7, it is considered that weight should be attached to this factor a contributing towards very special circumstances.
6.9 In conclusion regarding the matter of whether very special circumstances exist to justify inappropriate development in the Green Belt, it is considered that weight should be attached to the delivery of renewable energy and the mitigation of climate change, as well as the positive benefits for biodiversity. Only limited weight should be attached to the matters of contributions towards
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agricultural diversification and the temporary nature of the use. Nevertheless, on balance it is considered that very special circumstances have been demonstrated to justify inappropriate development in the Green Belt.
2. LANDSCAPE AND VISUAL IMPACT
6.10 The proposals involve the introduction of an extensive structural framework in order to support the rows of PV panels, security fencing, transformer cabinets and poles surmounted by CCTV cameras. The erection of these features would result in a change to the current nature of the site, which is characterised by open arable fields. However, the potential impact on openness and landscape an visual impact has to be balanced against the extent of any harm and the mitigation measures which are proposed.
6.11 A factor which weighs in favour of the proposals is the relative geographical isolation of the site and the limited impact of the proposals on openness and landscape and visual receptors. There are no public rights of way through any of the application site. To the north of the site, the elevated railway embankment acts as an effective screen blocking views of the site from the north. Brentwood Road (A128) is located a minimum distance of 1.1km to the west of the site. Well established hedgerows planted along this road provide a visual screen both filtering and blocking views towards the application site. Brentwood Road is also a high speed road (50mph speed limit) and has no pedestrian footpaths in the vicinity of the site. Views towards the site from the west are therefore limited and screened.
6.12 Doesgate Lane is located approximately 1.1km to the south of the site. This is a relatively quiet rural road. As with Brentwood Road, Doesgate Lane does not have pedestrian footpaths and existing established hedgerows limit views towards the site from this vantage point. The closest public vantage points of the site are from Lower Dunton Road located immediately to the east of the site. As above, this road does not have pedestrian footpaths and is subject to a 40mph speed limit. Although a substantial hedgerow is located on the eastern side of this road, the hedgerow screen on the western side of Lower Dunton Road, adjacent to the site, is less developed and there are stretches where the site boundary is relatively open. Views from passing traffic would, in places, be largely unimpeded towards the site.
6.13 To the south-east of the site is the Langdon Visitor Centre operated by the Essex Wildlife Trust. This wildlife reserve is bisected by a number of public footpaths and bridleways. However, despite the rising ground levels on the reserve to the east of the site, views towards the application site are effectively screened by dense shrub and tree planting at the reserve. The solar farm would not be visible or visually prominent from public vantage points at the visitor centre.
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6.14 In essence, views of the proposed solar farm from public vantage points around the site are limited by an absence of public rights of way and by the screening effect of vegetation. It is considered that the clearest views of the PV array would be from traffic passing along Lower Dunton Road to the east. In order to reduce the potential impact on views from this road, revised plans have been received doubling the width of the wildflower corridor along this boundary from 5m to 10m. Mitigation proposals also include the infilling of existing hedgerows and additional tree planting to all site boundaries as well as hedgerows within the site. Once this additional planting becomes established, it is considered that the site would be well screened from public views.
6.15 With reference to landscape character, the Thurrock Landscape Capacity Study describes the site as within an area of gently undulating terrain containing farmland and wooded hills. Comments from the Council’s Landscape and Ecology Consultant note that this area does not contain many of the features that can be considered to create a landscape of a high value. Following the submission of revised plans the Council’s landscape and ecological advisor has commented that a wider clear corridor at the eastern boundary combined with the site topography would lessen impact of the development as seen from Lower Dunton Road.
6.16 In conclusion under this heading, it is considered that subject to the mitigation measures promoted by the applicant, there would be no significant harm to openness or to landscape and visual receptors.
3. Agricultural Land Considerations
6.17 The site is defined as Grade 3 (Good to Moderate) by the Agricultural Land Classification. Core Strategy policy CSTP21 (Productive Land) states that, inter-alia:
“Development of the best and most versatile land (DEFRA Grades 1, 2 and 3) will not be supported except in exceptional circumstances. Developers will need to demonstrate that: i. there is no suitable site in a sustainable location on land of poorer agricultural quality; or ii. alternative sites have greater value for their landscape, biodiversity, amenity, heritage or natural resources or are subject to other constraints such as flooding.”
6.18 The Planning Statement supporting the application notes that the land underneath the PV arrays, between the rows of panels and on the fringes of the site will be seeded with a grass and wildflower seed mix as appropriate. The statement also notes the potential for continuing agricultural use through the potential for sheep to graze underneath and in between the PV arrays. The applicant is willing to accept a planning condition safeguarding land at the
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site for agricultural use. Recent appeal decisions for solar farms have noted and accepted the potential for dual use to allow occupancy of a site by both solar panels and grazing sheep. In these circumstances there would be no conflict with policy CSTP21.
4. ECOLOGICAL IMPLICATIONS
6.19 The application is accompanied by a Phase 1 habitat survey which confirms that, as the site currently comprises arable fields, it has limited ecological value apart from the hedgerows and watercourses crossing the site. The proposals would not have any adverse effects on ecological interests and mitigation measures would deliver a positive gain in the ecological value of the site. Consequently, the application is supported with regard to its contribution towards enhancing biodiversity interests.
5. IMPACT ON AMENITY
6.20 There is only one property which looks directly onto the site at close distance. Brunswick Boarding Kennels is located on Lower Dunton Road close to the south-east corner of the site and includes a residential bungalow. West facing ground floor windows would look towards the site, with a distance of approximately 30m between windows and the PV arrays. Views would, in part, be filtered by existing hedgerow screening although further planting would be required to completely screen views of the site from this closest property. Other residential properties in Lower Dunton Road to the south are located 200m or more from the site. Given this distance it is unlikely that significant harm to amenity would result.
6.21 A further consideration is the potential for incongruous glint and glare from the panels. However, the proposed PV panels would have a dull finish designed to absorb and not reflect sunlight. A number of recent appeal decisions for similar schemes have all concluded that the potential for harmful glint or glare is insignificant.
6.22 The Environmental Health Officer has concluded that the noise impact from electrical equipment associated with the development would be negligible and therefore unlikely to impact amenity.
6. HIGHWAYS IMPLICATIONS
6.23 Once operational, the proposed solar farm would only generate a small number of vehicle movements associated with security and maintenance visits. The main highways implications of the proposals are connected to the construction phase of the development. During construction, the proposals involve the re-use of an existing field gate access onto Lower Dunton Road close to the south-eastern corner of the site. This access would serve a
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construction compound and laydown area. During the 10-week construction period it is estimated that an average of 36 HGV’s will deliver to the site per day. A construction route is proposed which uses Lower Dunton Road south of the site to access the A13 and the strategic road network. The railway bridge height and width restriction on Lower Dunton Road precludes use of this route to access the A127.
6.24 Comments received by the Highways Officer raise no objections to the proposals, subject to the use of conditions addressing:
access details; sight lines; abnormal loads; loading and turning areas; wheel washing; and limitation on HGV numbers.
It is considered that suitably worded conditions can be used to address the impact of the construction phase on the local road network.
OTHER MATTERS:
6.25 With regard to the issue of flood risk, the Environment Agency has confirmed that the proposals would not significantly increase surface water run-off and accordingly the proposals do not pose any additional flood risk. If the application is granted permission an informative would be required drawing attention to the requirements regarding consent for works close to watercourses.
6.26 National Grid has highlighted the presence of a high pressure underground gas pipeline passing north-south through the site and a Deed of Easement applies requiring separate permission from National Grid for works within the Easement. The ‘holding objection’ issued by National Grid relates solely to the protection of National Grid assets and not to the planning merits of the case. The PV Site Layout Plan submitted with the application indicates the position of this pipeline and proposes a 16m wide clear corridor centred on the alignment of the pipeline. 20m wide clear corridors are also proposed underneath the alignment of the overhead power cables crossing the site. The easements which apply to the gas and electricity infrastructure on the site are matters between the applicant and National Grid and this matter does not fetter the Council in determining the application. In any case, a suggested planning condition requires the submission of a construction method statement which would include details of any proposed groundworks, trenching and cable runs. The applicant has been made aware of the consultation response from National Grid and, at the time of writing has been in discussion with their Land
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and Development Team. It is understood from recent e-mail correspondence with the Agent, that National Grid may shortly be in a position to withdraw their holding objection. A verbal update will be provided to Members of the Committee.
6.27 Following the original submission of the planning application and Environmental Statement in June 2013, a geophysical survey of the site (for archaeological purposes) was undertaken and submitted in the form of an Addendum to the Environmental Statement. The Addendum concludes that there are no significant archaeological deposits on the site, however, there is potential for deposits of local significance. In these circumstances, a standard planning condition can be used to secure a programme of archaeological work.
7.0 CONCLUSIONS AND REASON(S) FOR APPROVAL
7.1 This application proposes the development of a solar farm, to operate for a 30 year period, on a large site in a Green Belt location. Due to the Green Belt designation, the proposals constitute inappropriate development and Members will need to attach weight to any harm to the Green Belt by way of inappropriate development and any other harm. The solar farm would provide a source of renewable energy, which is strongly encouraged by both national and local planning policy. This factor should be afforded weight as a very special circumstance. Similarly, weight should be attached to the contribution which the proposal would make towards renewable energy supply and the associated reductions in carbon emissions. The enhancement of biodiversity is also considered to contribute towards the very special circumstances required to justify inappropriate development at the site. Members also need to consider the extent of harm to the open character of the Green Belt and the impact upon landscape and visual receptors. It is considered that the site is relatively isolated and largely screened from public vantage points. Views of the solar farm would be limited to partial glimpses of parts of the site through gaps in screening and medium / long distance views of limited parts of the site. Overall the impact on landscape and visual receptors is assessed as moderate, but with mitigation measures this impact reduces to a minor impact. As a consequence, it is considered that any residual harm to the openness of the Green Belt is limited and outweighed by the benefits of the proposals.
7.2 The proposals offer the potential for the continued use of the site for agricultural purposes (sheep grazing) and therefore no objections are raised with reference to Core Strategy policy. The proposals would deliver a benefit in terms of enhancement and diversification of ecological habitats which is welcomed. Subject to planning conditions there are no objections to the proposals on the ground of amenity or highways considerations.
7.3 With regared to the provisions of the Town and Country Planning
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(Consultation) (England) Direction 2009 as it is considered that the proposals would not have a significant impact on the openess of the Green Belt, any decision to grant permission would not be referable to the Secretary of State.
8.0 RECOMMENDATION
8.1 Grant planning permission subject to the following conditions:
1. The development hereby permitted shall begin not later than three years from the date of this decision. Written notification of the date of commencement of the development hereby permitted shall be given to the local planning authority no later than 14 days after the event.
REASON: To comply with 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 following plans and drawings:
978/FW 002 – Site Location Plan; 98/FW 001 A – PV Site Layout Plan; FAIR002 02 – PV layout – Ground Installation Mounting Details Fixed Tilt System; FAIR003 01 – CCTV Camera Installation; FAIR004 01 – Transformation Enclosure; FAIR005 02 – Boundary Fence Details; TDA/1894/02 Rev. A – Landscape Strategy.
REASON: For the avoidance of doubt.
3. The planning permission hereby granted is for a period from the date of this decision until the date occurring 30 years after the date the development commences, when the use shall cease and the solar panels and all ancillary equipment shall be removed from the site in accordance with the Decommissioning Method Statement approved pursuant to Condition 4.
REASON: In order to accord with the terms of the submitted planning application and to ensure the satisfactory restoration of the site.
4. Within three months of the cessation of power production on the site a Decommissioning Method Statement shall be submitted to and approved in writing by the local planning authority. The Statement shall include the timing for decommissioning of the solar farm if it ceases to be operational, along with the measures, and a timetable for their completion, to secure the removal of panels, plant, fencing and equipment. Decommissioning
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shall be carried out in accordance with the approved Statement and details including the timing of works.
REASON: To ensure the satisfactory restoration of the site in accordance with the NPPF and paragraph 27 of “Planning practice guidance for renewable and low carbon energy”.
5. Notwithstanding the submitted details, the site including all land around and beneath the installed equipment (excluding grid connection cabin and transformation enclosures) shall at all times be made available for agricultural purposes.
REASON: To ensure the continuation and retention of the land for agricultural purposes in addition to the solar farm and to safeguard countryside protection policies in accordance with LDF Core Strategy Policy CSTP21 (Productive Land).
6. Notwithstanding the information shown the approved plans, development shall not begin until details of the design, finishing colours and materials of security fencing, CCTV poles and cameras and transformation enclosures, including a timetable for implementation, have been submitted to and approved in writing by the local planning authority. The fencing details shall include provision for the permeability of small mammals, including badgers. The development shall be constructed in accordance with the approved details and thereafter retained.
REASON: In order to minimise the impact of the development on the Green Belt and local landscape.
7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no fencing or means of enclosure shall be erected other than that which has been expressly authorised pursuant to Condition 6 above.
REASON: In order to retain the openness of the Green Belt.
8. Development shall not begin until a Construction Method Statement has been submitted to and approved in writing by the local planning authority. The Statement shall include details about site preparation, ground anchoring, any ground re-profiling, trenching and service runs, any temporary storage compounds, vehicle parking and manoeuvring areas, unloading areas and a programme of works (including traffic management measures). It shall also include details about measures to protect existing trees and hedgerows to be retained during construction and operation of the solar farm. The development shall be carried out in accordance with
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the approved Statement and details unless otherwise agreed in writing by the local planning authority.
REASON: In order to secure proper access and associated arrangement during the construction phase.
9. Prior to the commencement of any works on site, a Construction and Environment Management Plan (CEMP) shall be submitted to and approved in writing by the local planning authority. The CEMP shall address the following matters: dust, water quality, lighting, noise and vibration, and monitoring arrangements. The development shall thereafter be carried out in accordance with the CEMP and shall adhere to the following restrictions: a) There shall be no burning of any kind on Site during construction, demolition or site preparation works. b) No construction or demolition works shall be undertaken outside of the following hours: 0800-1800 Monday to Friday and 0800-1300 on Saturdays, and not at all on Sundays or Public Holidays. c) Dust suppression measures shall be employed as required during construction.
Unless otherwise agreed in writing by the Local Planning Authority;
REASON: To protect the amenity of local residents and users of the Lower Dunton Road from smoke, noise and dust in accordance with LDF Core Strategy policies PMD 1 (Minimising Pollution and Impacts on Amenity) and PMD9 (Road Network Hierarchy).
10. No external artificial lighting or other security measures other than those agreed as part of this permission shall be installed during the operation of the site as a solar PV facility without the prior written agreement of the Local Planning Authority.
REASON: To minimise the potential for pollution and disturbance to local amenity and wildlife in accordance with LDF Core Strategy policies PMD1 (Minimising Pollution and Impacts on Amenity), PMD2 (Design and Layout) and Paragraph 27 of the Planning practice guidance for renewable and low carbon energy.
11. The development hereby permitted shall be carried out in accordance with the recommendations and mitigation measures contained with the Environmental Statement and schemes submitted with the application. The approved landscape and ecological mitigation measures and schemes shall be implemented in full in accordance with the approved program with the new planting carried out in the first available planting season after the commencement of the development unless otherwise agreed in writing by the Local Planning Authority and shall be maintained as approved for the duration of the approved development. Any trees or
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plants, which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of a similar size or species unless the Local Planning Authority approves alternatives in writing.
REASON: To protect and improve the appearance of the Site in the interests of visual amenity of the area and to provide biodiversity enhancement opportunities, in accordance with LDF Core Strategy policies PMD1 (Minimising Pollution and Impacts on Amenity), PMD2 (Design and Layout), PMD4 (Historic Environment), PMD6 (Development in the Green Belt) and PMD7 (Biodiversity, Geological Conservation and Development).
12. No development shall take place until full details of soft landscape have been submitted to and approved in writing by the local planning authority. Soft landscape works shall include: plans for establishing hedgerows, understorey vegetation and trees around the perimeter of the site and wildflower areas; written specifications (including cultivation and other operations associated with tree and plant establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; an implementation programme.
REASON: To protect and improve the appearance of the Site in the interests of visual amenity of the area and to provide biodiversity enhancement opportunities, in accordance with LDF Core Strategy policies PMD1 (Minimising Pollution and Impacts on Amenity), PMD2 (Design and Layout), PMD4 (Historic Environment), PMD6 (Development in the Green Belt) and PMD7 (Biodiversity, Geological Conservation and Development).
13. A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, shall be submitted to and approved in writing by the local planning authority prior to the completion of the development or any phase of the development, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out as approved.
REASON: To protect and improve the appearance of the Site in the interests of visual amenity of the area and to provide biodiversity enhancement opportunities, in accordance with LDF Core Strategy policies PMD1 (Minimising Pollution and Impacts on Amenity), PMD2 (Design and Layout), PMD4 (Historic Environment), PMD6 (Development in the Green Belt) and PMD7 (Biodiversity, Geological Conservation and Development).
14. Prior to the installation of the solar panels, supporting structures, buildings or fencing, the site shall be seeded in accordance with details to be
Planning Committee: 21.11 2013 Application Reference: 13/00543/FUL
submitted to and agreed in writing by the local planning authority. No solar panels, supporting structures, buildings or fencing shall be erected on the site until 8 weeks after the seeding is completed. The seeded site shall then be maintained in accordance with the approved details for the lifetime of the development.
REASON: To protect and improve the appearance of the Site in the interests of visual amenity of the area and to provide biodiversity enhancement opportunities, in accordance with LDF Core Strategy policies PMD1 (Minimising Pollution and Impacts on Amenity), PMD2 (Design and Layout), PMD4 (Historic Environment), PMD6 (Development in the Green Belt) and PMD7 (Biodiversity, Geological Conservation and Development).
15. Prior to the commencement of development, details showing the layout, dimensions and construction specification of the proposed access to the highway, shall be submitted to and approved in writing by the local planning authority. The approved details shall be implemented on site
REASON: In the interests of highway safety and efficiency.
16. Wheel cleansing facilities shall be provided on the site in close proximity to the highway access in accordance with details, which shall have been submitted to and agreed in writing by the local planning authority. Such facilities, which shall include for a barrier which stops all vehicles before they enter the highway to ensure that all mud and other debris is removed from the undercarriage of the vehicle and all its wheels, shall be maintained at all times during the construction (which shall include any demolition works) of the development hereby permitted.
REASON: To avoid the tracking out of mud and detritus on to the public highway, in the interests of safety and amenity generally.
17. The construction and decommissioning phases of the development shall be carried out in accordance with the Construction Traffic Management Plan written by MS Power Projects Limited and dated January 2013 with no delivery vehicles entering or leaving the site outside the hours of 0930hrs to 1600hrs on working days.
REASON: The HGV quantum and routing has been assessed according to LDF Core Strategy Policies PMD9 (Road Network Hierarchy) and PMD11 (Freight Movement) and in the interests of highway safety.
Planning Committee: 21.11 2013 Application Reference: 13/00543/FUL
18. No development or preliminary groundworks of any kind shall take place until the applicant or their agents or successors in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant, and approved by the planning authority.
REASON: In order to ensure that archaeological interests are safeguarded.
Informative(s):
Under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws, the prior written consent of the Agency is required for any proposed works or structures in, under, over or within 9 metres of the top of the bank of the main river (Amass Sewer).
Documents:
Applications can be viewed online: http://www.thurrock.gov.uk/planning- applications Documents also available to view at Planning, Thurrock Council, Civic Offices, New Road, Grays, Essex, RM17 6SL.
Planning Committee: 21.11 2013 Application Reference: 13/00543/FUL
Planning Committee: 21.11 2013 Application Reference: 13/00543/FUL
Planning Committee: 21.11 2013 Application Reference: 13/00543/FUL