Development Management Planning and Regeneration Service
STRATEGIC PLANNING COMMITTEE 28 APRIL 2011
Application number: PA11/00560
Site address: Land at Trekenning Farm, Trekenning, Newquay TR8 4JA
Proposal: The development of a 5MW solar photovoltaic farm on land close to St Columb, along with attendant equipment and infrastructure
Parish: St Columb
Applicant: Mr Mike Rutgers
Target date for decision: 28 April 2011
Reason for application The scale of this proposal requires the application to be being called to determined by the Strategic Planning Committee Committee:
Departure: No
Electoral Division: St Columb
Electoral Division Councillor Pat Harvey Member:
Case Officer Miss Michelle Billing
Link to view documents: http://planning.cornwall.gov.uk/online- applications/simpleSearchResults.do;jsessionid=04C11B BDC456D39EAA105594C4C09907?action=firstPage
RECOMMENDATION: Approve with conditions
1. Summary:
1.1 On balance, the proposed development, subject to the imposed conditions, is considered acceptable with regard to design and sitting, its impact on the historic and landscape character of the area, with regard to the setting of listed buildings and in terms of its impact on historic assets, ecology and wildlife, highway safety, flooding and drainage. Concerns were raised regarding the impact of the proposal on the amenity of the nearby residents and the impact upon the character of the area; it is considered that whilst the proposal would change the outlook from primary windows of the nearby property this would not have a significant impact upon their amenity. It is therefore considered that on balance the proposal would be acceptable in terms of residential amenity. The positive contribution of the scheme to renewable energy targets on land that is not considered to be the best and most versatile agricultural land is considered to outweigh any limited harm that may arise as a result of the development as conditioned. While permanent development of such a nature may not ordinarily be appropriate within the open countryside the current application seeks consent for a temporary period of twenty five years and this can be conditioned within any planning permission. Therefore, on balance it is considered that the development would accord with the relevant national and local policy guidance referred to in this report.
2. Site description:
2.1 The application site is located at land at Trekenning Farm, Trekenning, on land to the South East of St. Columb Major and is located to the east of the A39.
2.2 The closest settlements to the site are St. Columb Major which is approximately 1 km to the northwest of the site; the settlement of Ruthvoes is approximately 1.5km to the southeast of the site and Indian Queens which lies 2.8km to the south. Other smaller settlements include Gluvian 1.8km to the north and Lanhainworth 1.5km to the north. The closest properties to the site are Quoit Cottage and Quoit Farm which are 20 metres to the south. Little Quoit Farm 100m to the south and Roserrans Farm 250 metres to the north east.
2.3 The whole site is made up of five fields with development taking place in three agricultural fields currently used primarily for grazing livestock and arable farming (ALC grade 3) with a total area of 16.1 hectares.
2.4 In respect of topography, drainage and landcover, the site lies on the top/south facing valley side. The site slopes to the southwest. Fields sizes are medium; these fields are divided by established Cornish hedgerows. The topography of the land rises to the north. There are three designated areas within the study area – the AGLV that includes Castle Downs 1.2km to the east of the site, the AGLV which runs along the Vale of St. Mawgan 2.5 km to the north west of the site. The site lies within flood zone 1.
2.5 The fields are anciently enclosed land. In landscape terms, the site is with the Landscape Character Area 14 – Newlyn Downs, approximately 1km to the east of east of the site is landscape character Area 20 – Mid Cornwall Moors. The site is not located within any landscape designations; the nearest designation is the Area of Great Landscape Value which is 1.2 km to the east.
2.6 The nearest public rights of way lie to the south west of the site.
2.7 The application site would be accessed from the A30 on to the A39 to south west of the site heading towards St. Columb Major then exit at the Trekenning roundabout heading towards Bodmin then access to the site would be via an unclassified road where there is an existing entrance.
3. Proposal:
3.1 The application seeks permission for a 5MW solar farm consisting of 15,720 solar photovoltaic panels. The panels will be arranged in rays set out in rows running north-south across the site. Each array would be mounted on a single axis tracker which would have a maximum height of 2.5metres above the highest point of ground beneath each array. Each structure would be fixed to the ground by a driven peir.
3.2 The photovoltaic panels would generate direct current (DC) electricity and in order for this to be fed into the electricity grid it must be converted to alternating current (AC) electricity. The application therefore also includes the installation of 6 inverter modules. The inverter housing structures would measure 2.53metres high X 6.65 metres long x 2 metres deep. These structures would be set on small concrete foundations.
3.3 When connected to the grid an electricity sub station would be required on the site. It is proposed to be located to the south eastern corner of the site next to the main entrance. The details of this building are to be finalised but would not exceed 5.8metres in height by 6metres by 8.5metres.
3.4 Security fencing is proposed to a height of 2 metres, a security gate is proposed at the entrance of the same construction as the fencing. It is also proposed to install up to a maximum of 20 thermal imaging security cameras at various point for security.
3.5 The proposal would take advantage of the ‘feed in tariff’ (FiT) being offered by the government. The FiT is designed to encourage the uptake of renewable energy technologies with the intention of reducing carbon emissions. This will primarily encourage small scale renewable energy proposals but also applies to more industrial scale proposals such as this, where development up to 5MW of declared net capacity can receive the tariff. The electricity generating capacity for the proposed development, and the number of relevant properties equivalent, is shown in the table below.
Installed capacity Capacity Estimated annual Number of (MW) 1 factor 2 production residential (MWh p.a.) 3 properties electricity equivalent 4
5 18.7% ~5,719 1007 (average Restormel Borough Council equivalent homes) Notes:
1 Installed capacity is the full-load, continuous rating of generating equipment under specific conditions as designated by the manufacturer. In other words, this is the power generated when the equipment is working at full capacity.
2 Capacity factor is the calculated factor which compares the plant's actual production over a given period of time with the amount of power the plant would have produced if it had run at full capacity for the same amount of time. The capacity factor should take account of the specific equipment and the specific location. It is expressed as a percentage.
3 Estimated annual production of electricity based upon the installed capacity and the capacity factor.
4 Number of residential properties that would be powered by the estimated annual production based upon the U.K. average household consumption of 4,100 KWh/year (OFGEM). Note: average consumption in Cornwall is currently greater than the U.K. average at approx. 5,789 KWh/year (DECC 2007) and so the number of typical residential properties in Cornwall powered by a particular source would be lower.
4. Duration of planning permission
4.1 While permanent development of such a nature may not ordinarily be appropriate on agricultural land within the open countryside the applicant is seeking planning permission for a temporary period of twenty five years. This would allow the facility to be operational for the twenty five year duration of the Feed in Tariff. The proposed facility has been designed so that it can be removed with relative ease following the expiry of this time period or within six months of the cessation of electricity generation, whichever is the sooner, and the site restored to full agricultural use. This can be conditioned within any planning permission.
4.2 Member Training Members will recall receiving training on large scale solar PV development at the special meeting of the Strategic Committee which took place on 20 th September 2010. This application has been brought before the Strategic Committee on the grounds that the proposals have a strategic importance.
5. Relevant constraints:
5.1 Agricultural Land Classification Classification: GRADE 3
6. Relevant planning/enforcement history:
6.1 No relevant planning history
7. Relevant local/national/regional policy/guidance:
7.1 Development Plan Cornwall Structure Plan- 2004 Policy 1 Principles for sustainable development Policy 2 Character Areas, design and environmental protection Policy 3 Use of resources Policy 7 Renewable Energy Resources Policy 26 Rural areas Policy 28 Accessibility
Restormel Borough Local Plan – 2001
1 and 2 Plan Strategy Policies 6 Development and Design Principles 10 Energy Supply 11 and 12 Protecting the Boroughs Heritage 15 Sites of Special Scientific Interest 16 Sites of Importance for Nature Conservation 17 Conservation Corridors 18 Protecting the Wider Countryside 19 Species Protection 20 New Habitats 25 Scheduled Ancient Monuments
7.2 National and Regional Guidance
PPS 1: Delivering Sustainable Development PPS 1 Supplement: Planning and Climate Change PPS 4: Planning for Sustainable Economic Growth PPS 5: Planning for the historic environment PPS 7: Sustainable Development in Rural Areas PPS 9: Biodiversity and Geological Conservation PPS 22: Renewable energy PPS23: Planning and Pollution Control PPS25: Development and Flood Risk PPG24 - Planning and Noise PPG13 – Transport
Circular 11/95 – Planning Conditions Circular 05/05 – Planning Obligations Circular 06/05: Biodiversity and Geological Conservation
7.3 Supplementary Planning Guidance and Background Documents 7.4 Draft Supplementary Planning Document (SPD) ‘Renewable and Low Carbon Energy (June 2010). The principle of development must be considered with regard to the following considerations:
7.5 International and European While affording relatively limited statutory weight to the planning assessment, there are a range of International and European policy drivers that are relevant to the consideration of renewable energy developments.
7.6 Under the Kyoto Protocol 1997, the UK has agreed to reduce emissions of the ‘basket’ of six greenhouse gases by 12.5% below 1990 levels by the period 2008-12. Under the Copenhagen Accord (2010) the UK, as part of the EU, has since agreed to make further emissions cuts of between 20 and 30% by 2020 on 1990 levels (the higher figure being subject to certain caveats). This agreement is based on achieving a reduction in global emissions to limit average increases in global temperature to no more than 2°C. The draft European Renewable Energy Directive 2008 states that in 2007 the European Union (EU) leaders had agreed to adopt a binding target requiring 20% of the EU’s energy (electricity, heat and transport) to come from renewable energy sources by 2020. This Directive is also intended to promote the use of renewable energy across the European Union. In particular this Directive commits the UK to meet 15 percent of its total energy from renewable sources by 2020.
7.7 National At the National level there are a range of statutory and non statutory policy drivers and initiatives which are relevant to the consideration of this planning application. The 2008 UK Climate Change Bill increases the 60% target in greenhouse gas emissions to an 80% reduction by 2050 (based on 1990 levels). The UK Committee on Climate Change 2008 ‘Building a Low Carbon Economy’ provides guidance in the form of recommendations in terms of meeting the 80% target set out in the Climate Change Bill, which also sets out five year carbon budgets for the UK. The 2009 UK Renewable Energy Strategy (RES) provides a series of measures to meet the legally- binding target set in the above Renewable Energy Directive. The RES envisages more than 30% of the UK electricity generated from renewable sources.
7.8 The 2003 Energy White Paper provides a target for 40% of national electricity to be generated from renewable sources by 2050, with interim targets of 10% by 2010 and 20% by 2020. The 2007 Energy White Paper contains a range of proposals which address the climate change and energy challenge by reducing the demand for energy, by securing a mix of clean, low carbon energy sources and by streamlining the planning process for energy projects. The Planning and Energy Act 2008 is also relevant in that it enables Local Planning Authorities (LPAs) to set requirements for energy use and energy efficiency in local plans.
7.9 National Planning Policy National planning policy in the form of Planning Policy Statement 22: Renewable Energy (2004) requires that the environmental and economic benefit of renewable energy projects be given significant weight as material considerations for the determination of planning applications. The supplement to Planning Policy Statement 1: Planning for a Changing Climate (2007) also requires development to make a full contribution to delivering the Government’s Climate Change Programme and energy policies.
7.10 In March 2010 a draft Planning Policy St statement was issued for consultation (Planning Policy Statement 1: Planning for a Low Carbon Future in a Changing Climate). This draft reiterates the weight to be given to the environmental, social and economic benefits associated with renewable energy developments and sets out the role for development management decisions in supporting the transition to a low carbon future in a changing climate. The draft also stipulates that development management should not prevent, delay or inhibit proposals for renewable and low carbon energy, and associated infrastructure, which could be permitted having regard to the objectives and policies within the Planning Policy Statement.
7.11 The draft Planning Policy Statement makes it clear that local planning authorities should not refuse planning permission for a renewable energy project because a renewable energy target set has been reached; but where targets have not been reached this should carry significant weight in favour of proposals when determining planning applications.
7.12 PPS 7: Sustainable Development in Rural Areas (2004) advises that planning applications should recognise the need to protect natural resources, and provide for sensitive exploitation of renewable energy sources.
7.13 PPS5: Planning for the historic environment advises that development should seek to minimise or eliminate where possible the impact on historic assets and the historic environment. Development Plan
7.14 The key Development Plan policies for this development are contained within the Cornwall Structure Plan 2004 and the Restormel Local Plan 2001.
7.15 The Cornwall Structure Plan 2004 (CSP) sets out the long term strategy for development in Cornwall, considering priorities for the economy, transport and the environment.
7.16 CSP Policy 1 ‘Principles for Sustainable Development’ states that developments should bring about a long term and sustainable improvement to the County’s economic, social and environmental circumstances. Policy 2 ‘Character Areas, Design and Environmental Protection’ indicates that development must respect local character. In this case the specific elements of the policy that are of most relevance relate to the fact that the area is not in a designated Area of Outstanding Natural Beauty or Area of Great Landscape Value. Policy 3 ‘Use of Resources’ states that “…development must be compatible with prudent use of natural and built resources and energy conservation and to avoid significant levels of pollution. Development should “... facilitate energy conservation and the utilisation of renewable energy sources reducing energy consumption and CO2 emissions.”
7.17 Policy 7 ‘Renewable Energy Resources’ reinforces the principles of Policy 3 in that it states “ Provision should be made for renewable energy generation to maximise environmental and economic benefits whilst minimising any adverse local impacts. A range of technologies for renewable energy production (for heat and electricity) will be encouraged. Schemes for electricity generation will contribute to a Cornwall target of about 93MW of installed capacity from renewable resources by 2010. This should be through development that increases local benefits, particularly diversification of the rural economy, and minimises any adverse effects on the natural or built environment.” Latest available data from the Regen SW 2010 Annual Report states that the total figure of installed electrical capacity is approximately 58MW. No further targets have been provided in the Development Plan. Although the 2010 target has not been met it is considered the CSP still provides a robust ‘direction of travel’ for the promotion of new renewable energy capacity in the County.
7.18 Policy 28 of the CSP requires that development should ensure the effective management and safe movement of traffic. 7.19 SPGs and Government Guidance
Cornwall Council has published in 2010 a draft Supplementary Planning Document (SPD) which will accompany the forthcoming Local Development Framework (LDF). This draft Supplementary Planning Document provides information and planning guidance to support renewable energy policies in the draft South West Regional Spatial Strategy and the forthcoming Cornwall Local Development Framework. The draft SPD states “…The document aims to provide guidance to facilitate the deployment of low carbon and renewable energy infrastructure throughout Cornwall.” The guidance contained within this document is intended to apply to applications for larger ‘stand alone’ renewable and low carbon energy schemes.
7.20 Draft Regional Spatial Strategy (RSS) for the South West. On the 6 th July 2010 the Secretary of State (SoS) announced his intention to abolish Regional Spatial Strategies. As part of that announcement The Department for Communities and Local Government (DCLG) has advised on immediate issues that may arise, and in regard to the determination of planning applications advised the following:
“In determining planning applications local planning authorities must continue to have regard to the development plan. This will now consist only of: • Adopted DPDs; • Saved policies; and • Any old style plans that have not lapsed.
Local planning authorities should also have regard to other material considerations, including national policy. Evidence that informed the preparation of the revoked Regional Strategies may also be a material consideration, depending on the facts of the case.”
7.21 For the south west the RSS had reached the ‘proposed mods’ stage which is in draft although had been examined in full at an ‘Examination in Public’ and was endorsed by the Panel. For renewable energy the draft RSS provided the following relevant policies: Policy RE1 provided a target that by 2010 a minimum of 509 to 611 MWe installed capacity to be achieved from a range of onshore renewable electricity technologies, and for the Cornwall sub region provided a target of 93 – 108. By 2020 a minimum cumulative target of 850 MW installed capacity be installed from a range of onshore renewable electricity technologies, although specific targets for sub regions had not been set. The evidence underpinning these targets had been agreed with the Counties in the south west as part of the Revision 2010 Project.
7.22 Policy RE4 stated that when considering individual applications for development of renewable energy facilities, local planning authorities will take into account the wider environmental, community and economic benefits of proposals, whatever their scale, and should be mindful that schemes should not have a cumulative negative impact. Proposals in protected areas should be of an appropriate scale and not compromise the objectives of the designation.
7.23 While this planning application was received as valid 2 December 2010 and therefore post-dates the SoS’ decision to abolish RSS, it is considered that the evidence that underpinned the draft RSS should be a material consideration for this planning application. While it is apparent that the draft RSS and the policies contained therein will now not be adopted, it is considered that the evidence that had underpinned the strategy is relevant and up to date. It will be relevant to the preparation of the Council’s Core Strategy which is likely to include policies on renewable energy. The Council intends to publish this in draft form in December 2011, followed by submission to the Secretary of State in summer 2012 and adoption in March 2013.
7.24 Other relevant national planning policy statements not mentioned above: Planning Policy Statement 4: Planning for Sustainable Economic Growth Planning Policy Statement 7: Sustainable Development in Rural Areas Planning Policy Statement 9: Biodiversity and Geological Conservation
8. Consultees
8.1 St. Columb Parish Council – Support the application: Members fully support diversification and development of green energy. As far as they could assess, this is a well thought out development.
8.2 Local Member Comments – None received
8.3 Definitive Footpath Officer – No recorded public rights of way would be affected by the proposal.
8.4 Principle Landscape Officer – No objections
8.5 Newquay Airport - Object
The development is of serious concern to Newquay Airport for the following reasons The proposed photovoltaic solar farm lies 2.6 miles from the touch down point for runway 30 at Newquay Airport, offset north of the final approach path by 640metres. Any reflection of sunlight from the installation would have a deleterious affect on aircraft making visual approaches to Newquay. Also the construction of the installation may have an affect on the instrument landing system in operation on that runway.
Before we could even start to consider giving you our approval to such a development we would need the developer to prove to our satisfaction that the risks we have identified have been mitigated, such that the safety of aircraft using Newquay Airport is not compromised.
As the developer has not consulted with us at any time we must file a firm objection to this proposal on the grounds of air safety.
[Planning Officer comment: The agent is producing some evidence to overcome this objection and the Committee will be updated via an addendum sheets.] 8.6 South West Water – No objection although attention is highlighted to the applicant that there is a main pipe running through the site and development should not take place within 3 metres of this pipe.
8.7 Historic Environment Service (HES) – This application is supported by a detailed Environment Statement chapter dealing with historic environment matters. This assessment noted that the following significant heritage assets lie within the development site:
• The site of an underground ‘Royal Observer Corps’ bunker dating to the Cold War period. • ‘Anciently Enclosed Land’ as defined in the 1994 HLC assessment • Hedgerows considered as ‘important’ under the Hedgerow regulations by virtue of their depiction on 1840s Tithe mapping.
The assessment also noted a potential indirect impact on the setting of the Scheduled site ‘Castle an Dinas’ to the east.
The potential of the site suggested by its classification as Anciently Enclosed Land has been tested by the applicants by undertaking a geophysical survey. This survey has shown probable archaeological features in the northern most field. Two ditched enclosures are visible associated with a number of likely pit features. Whilst it is not possible to say with certainty to what period these features belong it is likely that they predate the detailed mapping of the site in the 1840s and are very likely to be prehistoric in origin. A supplement to the archaeological assessment has been submitted with the application which includes an amended scheme layout (Wardell Armstrong ‘Addendum to Archaeological Assessment’). Figure 5 of this addendum shows a revised array layout designed to allow for the exclusion of this sensitive area from the scheme.
Policy Background It is government and Cornwall Council policy that the historic environment is taken into account in making planning decisions. PPS5 policy HE1 states that where proposals which are promoted for their contribution to mitigating climate change are brought forward that LPAs should work with applicants to identify feasible solutions to reduce their impact.
Recommendations The archaeological assessment suggests the preservation in situ of the ROC bunker, field boundaries and area of most interest as shown on Figure 5 of the Addendum report. HES is of the opinion that these steps would all constitute a reasonable adjustment to the scheme in order to comply with the requirements of PPS5 HE1. The mitigation strategy proposed should be secured by the use of an archaeological condition of the following wording. This would also allow for measures for the recording of any archaeological features revealed by ground preparation works for inverters and other compound areas to be secured.
Suitable wording for such a condition would be
No development shall take place within the site until the applicant has secured and implemented a programme of archaeological work in accordance with a written scheme of investigation to be submitted by the applicant and approved in writing by the Local Planning Authority in consultation with the County Archaeologist.
8.8 Highways comments – No comments received to date.
8.9 Ecologist – No comments received to date.
8.10 Cornwall Fire Brigade No objection.
8.11 Environment Agency Request a condition requiring surface water drainage details prior to commencement on site.
8.12 CPRE – Although CPRE Cornwall is generally supportive of solar panel as an appropriate form of renewable energy, the size, of this solar farm at Trekenning Farm and its associated security fencing and cameras would make it very conspicuous in the open countryside that surrounds the site. Following on from the installations of so many wind farms across the county, a proliferation of solar farms would be a step too far. It is therefore vitally important that informed public opinion is taken into account when the application is determined. CPRE opposes the application for a solar farm at Trekenning Farm and requests the planning authority reject the application.
9. Representations from members of the Public
9.1 2 of objection have been received.
9.2 Précis of objections
9.3 Residential Amenity • Animal centre might be impacted upon
9.4 Environmental Issues • Cornwall Wildlife sites are close to the site which will not be enhanced by the proposal
9.5 Visual Impact • Isolated development in the countryside • Infrastructure unwelcome intrusion. • Will the grid connection result in over head power lines. • Impact upon local landscape.
9.6 Highway safety • Heavy vehicles pulling out from the proposed site access will create additional hazards.
10. Assessment of key planning issues:
10.1 The main issues to be considered are: • The principle of development • Screening Opinion • Use of agricultural Land • Landscape and visual Impact • Historic Environment • Ecology • Community benefit • Glint and Glare • Connection to the Grid • Highway Safety • Conclusions
10.2 Principle of development
10.3 Summary of Principle Ideally large scale solar PV arrays should be directed towards previously developed land, contaminated land, industrial land or brownfield sites. However, having regard to the relatively few sites of appropriate status and size in Cornwall in comparison to installed capacity targets for renewable energy, together with the additional income source that would support the agricultural holding (farm diversification) it is considered that, subject to other considerations (discussed below) the principle of the proposed photovoltaic development on this undeveloped site in the countryside is endorsed by planning policy.
10.4 Screening Opinion The proposal has been screened for the need for an Environmental Impact Assessment prior to the submission of an application. A negative screening opinion was issued by the authority. This essentially meant that the planning application did not need to be accompanied by an Environmental Impact Assessment. Upon receipt of the application it was considered that there were no changes of note from the details contained within the previous screening request.
10.5 Use of Agricultural Land PPS 7 states at Para. 28 that The presence of best and most versatile agricultural land (defined as land in grades 1, 2, and 3a of the Agricultural Land Classification), should be taken into account alongside other sustainability considerations (e.g. biodiversity; the quality and character of the landscape; its amenity value or heritage interest; accessibility to infrastructure, workforce and markets; maintaining viable communities; and the protection of natural resources, including soil quality) when determining planning applications. Where significant development of agricultural land is unavoidable, local planning authorities should seek to use areas of poorer quality land (grades 3b, 4 and 5) in preference to that of a higher quality, except where this would be inconsistent with other sustainability considerations. Little weight in agricultural terms should be given to the loss of agricultural land in grades 3b, 4 and 5, except in areas (such as uplands) where particular agricultural practices may themselves contribute in some special way to the quality and character of the environment or the local economy. If any undeveloped agricultural land needs to be developed, any adverse effects on the environment should be minimised.
10.6 In this case the land in question is designated as grade 3 agricultural land which is used currently as primarily grassing land and bulbs. There has been no distinction made between agricultural grade 3a and agricultural grade 3b land. More information has been requested regarding the grading of the land and the proportion of the agricultural holding that the proposed solar farm will take up. The committee will be updated via the addendum. The panels would receive sufficient light to produce adequate grazing potential and it is understood that this is an accepted method extensively used on the continent. Although the grass yields would likely to be greater without the presence of panels, the land would still be used for agricultural purposes, albeit with a supplementary function in the generation of electricity. I could also be argued that the presence of panels would preclude more intensive agricultural uses for the period of 25 years, thus allowing soil to regenerate. At the end of the temporary 25 year consent, or following the cessation of energy production whichever is the sooner, the land would be restored/reinstated to its former agricultural condition which would require removal of all panels, mounting structures, inverter modules, tracks and fencing. It is not therefore considered that this proposal would result in the permanent loss of agricultural land and is compliant with Planning Policy Statement 7.
10.7 Landscape and Visual Impact It might be argued that any development of this scale and nature represents the introduction of alien structures that are at odds with the intrinsic natural characteristics of the open countryside. However, in balancing policy objectives (not least that of supporting the provision of renewable energies) there will likely be some locations and sites within the countryside where the local landscape has a greater capacity to accommodate such forms of development than others.
10.8 Visual Impact In respect to this site the following points are considered especially relevant:
• The original field pattern comprised of a plateau site with medium scale fields with a south west sloping topography with straight Cornish hedgerows which would be maintained and enhanced. • The site would not be seen as skyline development and would mainly be legible against surrounding countryside. • The site is at the top of the valley sloping south and with the intervening hedgerows views into the site are limited.
10.9 The visual envelope of the existing site is generally defined by established Cornish hedgerows along the site boundaries. Glimpses into the site can be obtained when driving past the site on the southern and eastern side along the minor roads. Longer distance views from the higher ground to the north west are screened fairly well by intervening vegetation and built development. Views of the site would predominantly be glimpses through hedgerows or long distance views where the proposal would be imperceptible and set within other countryside. The aspect which would be impacted upon most would be the property to the south east of the site where views of the site would be obtained from ground floor windows.
10.10 The applicants have undertaken a Zone of theoretical vision (ZTV), which only takes into account the landscape topography, takes into account the eye height of 1.8 metres and does not take into consideration any hedgerows or trees. Within figure 6.1 the applicants have identified 11 viewpoint locations which fall within the ZTV. These locations are the footpath that runs to Ruthvoes (viewpoint 1), the cottage to the south east of the site (viewpoint 2) an area of open access land on Castle Downs to the east of the site (viewpoint 3), from the minor road in Ruthvoes (viewpoint 4), the northern edge of St. Dennis 4.5 km from the site (viewpoint 5), the footpath to the northern edge of Indian queens (viewpoint 6), the A39 between Indian Queens and St. Columb (viewpoint 7), the minor road between Trebudannon and Carworgie Manor park ( viewpoint 8), the B3274 to the east of Winnards Perch roundabout ( viewpoint 9), the B3274 to the east of the site Viewpoint 10), the track to Lainhainsworth to the north of the site (viewpoint 11). the distance from the site and the intervening landscape.
10.11 In terms of visual impact the viewpoints that have been illustrated within the ZTV highlight that due to the topography, intervening landscape and established Cornish hedges that the proposal generally would only result in a slight visual impact upon the character of the landscape. The highest impact visual impact would be from the residential dwelling. In general the proposal is considered to have a slight/moderate visual impact.
10.12 The hedges that surround the site vary in height but could benefit from additional planting and less maintenance, which would again reduce visual impact.
10.13 Landscape Character The site is located within the landscape character area 14 – Newlyn Downs. The site reflects a few of the characteristics of this landscape designation that being, open, gently undulating , medium to large scale broadly rectilinear fields of pasture and arable, dispersed settlement clusters with estate farms. It is considered that the proposed development due to the scale of development would result in a moderate level of change of the landscape character. Therefore the overall sensitivity of the landscape character to this development is considered to be low to moderate –which states:
‘Site makes a small contribution to the landscape character which is vulnerable to change, or the site is fairly significant in terms of character but the character can with stand change’
10.14 Sensitivity of the site and the surrounding area is also considered to be low to moderate due to the following factors;
• The enclosure provided by the surrounding hedgerows • The reduced tranquillity due to the close proximity to the A39 and other local roads. • The proximity to St. Columb Major and associated business park. • The distance (2.1km) from which the site can be viewed from the sensitive landscape area (AGLV)
10.15 Overall sensitivity to solar farm development The proposed site in terms of its overall sensitivity to solar farm proposal takes into account the landscape character and the visual impact upon the landscape. The overall sensitivity is considered to be low to moderate as the sensitivity to landscape character was low to medium as was the site visibility. Low to moderate sensitivity to large scale solar farms states
‘Small adverse changes in the landscape character which are unlikely to be strongly visually expressed. There is likely to be a potential for landscape enhancement’.
10.16 It is therefore considered that the landscape has the capacity to absorb the proposal. The site does reflect some characteristics of the landscape character, the field patterns and hedgerows are to be retained therefore preserving the landscape character. Whilst views of the site can be obtained they limited in the main to be brief glimpses or long distance views set within other vistas. The proposal is not considered therefore to have a significant impact upon the landscape character of the area.
10.17 Historic Environment The site is within anciently enclosed land. The site does not include any scheduled monuments or listed buildings; however within the 5km view shed there are nine Scheduled Monuments and 21 listed buildings.
10.18 In considering the impact upon the historic environment the setting of these heritage assets need to be assessed. Using the ZTV it indicates that out of the nine scheduled monuments only three may be possible to be viewed in conjunction with the proposal site. Out of the twenty one listed building noted only 12 may possibly be inter-visible with the site. It is considered that whilst some inter-visibility may occur this would be at reasonable distances and would not be harmful to the setting of the heritage assets.
10.19 It is considered that due to the location of the site it would not have a significant impact upon the historic landscape character of the area as the site is part of a much larger area of medieval farmland. The proposal seeks to retain all of the existing boundary enclosures therefore protecting the legibility of the Historic land form
10.20 Anciently enclosed land is land with a well known high potential for the discovery of hitherto unrecognised archaeology sites of all periods. An archaeology assessment has been undertaken which included a desk based study followed by a walkover survey. These works have identified that the site has a high potential for archaeological artefacts and features below ground. Therefore in light of these findings the applicants have undertaken a full geophysical survey of the whole site.
10.21 The geophysical survey highlighted probable archaeological features in the northern half of the site. Two ditched enclosures are visible associated with a number of pit features. It is likely that they pre-date the mapping of the site in 1840. The applicants have proposed an amended layout for the proposal to avoid the sensitive arrays identified within the geophysical survey.
10.22 The Council’s Historic Environment Service have been consulted regarding the proposal and have concluded:
‘The archaeological assessment suggest preservation in situ of the ROC bunker, field boundaries and are of most interest as shown on page 5 of the Addendum to the archaeological assessment. HES is of the opinion that these steps would all constitute a reasonable adjustment to the scheme in order to comply with the requirements of PPS5 HE1. The mitigation strategy proposed should be secured by the use of an archaeological condition, this would allow for measures of the recording of any archaeological features revealed by ground preparations works for inverters and other compound areas to be secured.
10.23 It is therefore concluded that with the imposition of appropriate conditions the proposal would not have a detrimental impact upon heritage assets.
10.24 Ecology report
10.25 The application was supported with a Phase 1 Habitat Survey undertaken by Wardell Armstrong in September 2010. As the proposal does not propose any significant alteration to the species rich hedgerows, no in depth dormouse or bat survey is considered necessary.
10.26 The ecological survey influence extends a further 30 m to include areas which will be directly impacted upon as a result of the development.
10.27 The arable field margins and the hedgerows identified within the proposal site are considered UK BAP priority habitats in Cornwall these features are considered to be ecologically diverse and mostly for bats, breeding birds and invertebrates. The Cornish hedges have stone walls with earth infill with an intact hedgerow on top of the wall. The Cornish hedge has increased biodiversity value due to the added habitats that the stone walls provide.
10.28 The site and the zone of influence was not considered suitable habitat for reptiles, otters, water vole and amphibians and therefore no further consideration to these species is given. The species that the site does have the potential to or are known to support are foraging bats, breeding birds badgers, dormouse and terrestrial invertebrates.
10.29 Bats There are ERCCIS records of bats recorded within 2km of the site, the field hedges and mature trees along the southern boundary would be suitable for foraging and could be used as navigational corridors. site. There are no proposed changes to the hedges or the field boundaries and therefore it is considered that there would be no significant impact upon the European protected bats. 10.30 Birds It is noted that within the habitat survey no birds of conservation concern were recorded on the site. ECRISS records identify several records of bird species within 2km of the site. The site does provide suitable habitat for bullfinch, fieldfare, grey partridge, house sparrow, linnet, redwing, skylark, spotted flycatcher and yellow hammer. The site therefore has the potential to provide habitat for breeding birds.
10.31 It is considered that due to the layout of the panels and the proposed additional planting that the proposal would not result in the significant loss of potential habitat for breeding birds.
10.32 It was considered that there was no need for further survey work providing that there is no proposed impact upon the hedgerows and field margins, and that no works are undertaken in the bird breeding season which is March to September. It is also proposed to undertake a breeding bird survey prior to construction, if any breeding birds were to be found on the site they would be protected under the Countryside and Wildlife Act.
10.33 Additional planting is required to improve some of the hedgerows surrounding the site, it is proposed to use trees and bushes that would increase the berry bearing species within the existing hedgerows, which would in turn provide greater hedgerow diversity and therefore improve breeding bird, foraging bat and terrestrial invertebrate opportunities.
10.34 The applicants propose to undertake a species monitoring exercise prior to development and then adopt a programme of ecological monitoring for the first five years and additional formal monitoring of Faunal monitoring every 5 years. The results of the surveys would be available to interested parties.
10.35 Badgers Evidence of badgers has been found on the site. It is considered that the gaps in between the panels and the retention of the field margins could still provide adequate foraging habitat for them. Through vegetation clearance and construction activities there could be the potential to impact upon badger sets or their foraging routes. It is therefore recommended that a current badger survey is undertaken on the site and within 30m zone of influence prior to commencement on site.
10.36 Dormouse There is one identified record of dormouse within 1.2km of the site. The site itself does offer suitable habitat for dormouse due to the species rich hedgerows. It is considered that there would be no impact upon the dormouse as the hedgerows are all to be retained.
10.37 Designated areas Due to the location of the proposal site when combined with the proposed nature of the development works it is concluded that the development would not have a detrimental impact upon the five Cornwall Wildlife sites within 2km of the site - Quiot farm, Tresaddern farm, Ennisworgey, Retallick and Rosevanion Quarry and Trevithick..
10.38 It is concluded that whilst the proposal would reduce foraging sites for Badgers and potential breeding areas for birds, there would be spaces left between the panels and areas of thee site omitted. Additional planting is proposed to increase the biodiversity of the site. The site lies within a rural area and therefore any loss of foraging would be accommodated within the surrounding area. It is therefore considered that the proposal providing suitable mitigations conditions are imposed would not have a significant impact upon the ecology of the area.
10.39 Highway safety Access to the site will be from the A39 at the west of the site, via the unclassified east towards Bodmin, then via a minor road to the site access. There is an existing break in the hedge at this point and therefore the entrance would not require the removal of any hedgerows. During construction phase there would be 3 to 4 deliveries a day, with a total of 71 deliveries. It is considered that a highways management plan should be imposed.
10.40 Comments on objections received 2 letters of objection have been received.
10.41 The main objection was concerned with the impact upon the landscape and the intrusion into the countryside of the associated infrastructure. It has been assessed within the landscape section of this report that it is considered that the proposal would have not have a significant impact upon the landscape character due to the siting and topography of the site. With regards to the infrastructure buildings a condition is proposed to request details of these buildings to be agreed by the LPA to ensure that any structure would assimilate well within its rural location
10.42 Concerns were also raised regarding the grid connection and whether this would result in additional pylons being located within the countryside. The grid connection would be to the south west of the site and all cables would be laid under ground.
10.43 Objection from the Airport regarding glint and glare The airport has raised an objection to the proposal on the grounds of air traffic safety, in terms of glint and glare and impact of navigational devices. No documentation has been submitted with the application with regards to this objection. The agent is producing some evidence to overcome this objection and the committee will be update via an addendum.
10.44 Community Benefits Sun power is proposing contribute to a community fund aimed at low carbon and renewable energy development. At present Sun power are proposing to contribute £5,000 per annum for every mega watt of installed power on the site. Therefore there would be a maximum of £25, 000 per annum for the community fund.
10.45 Discussions are still taking place as how to manage the fund and whether the Cornwall Trust Fund would be used. The applicants are committed to signing up to a unilateral undertaking for the contributions. 10.46 Members are reminded that this signed unilateral undertaking is not relevant to their deliberation on this application as neither the principle of the undertaking nor the details contained within it have been proposed in order to directly mitigate / remedy a specific planning objection to this proposal, and as such, the requirement for a unilateral undertaking cannot be required under planning law.
10.47 Glint and Glare Solar PV installations have the potential to give rise to glint and glare. However in this case it is considered unlikely that this will be a significant issue as there are few if any receptors at a high level in the direction of the sun.
10.48 Connection to the Grid The proposed connection to the grid is to the south west of the site connecting into an existing power line.
11. Conclusion:
11.1 On balance, the proposed development, subject to the imposed conditions, is considered acceptable with regard to design and sitting, its impact on the historic and landscape character of the area, with regard to the setting of listed buildings and in terms of its impact on historic assets, ecology and wildlife, highway safety, flooding and drainage. Concerns were raised regarding the impact of the proposal on the amenity of the nearby residents and the impact upon the character of the area; it is considered that whilst the proposal would change the outlook from primary windows of the nearby property this would not have a significant impact upon their amenity. It is therefore considered that on balance the proposal would be acceptable in terms of residential amenity. The positive contribution of the scheme to renewable energy targets on land that is not considered to be the best and most versatile agricultural land is considered to outweigh any limited harm that may arise as a result of the development as conditioned. While permanent development of such a nature may not ordinarily be appropriate within the open countryside the current application seeks consent for a temporary period of twenty five years and this can be conditioned within any planning permission. Therefore, on balance it is considered that the development would accord with the relevant national and local policy guidance referred to in this report.
12. Recommendation: Approval
12.1 Reasons: The proposed development, subject to the imposed conditions, is considered acceptable with regard to design and sitting, its impact on the historic and landscape character of the area, with regard to the setting of listed buildings and in terms of its impact on historic assets, ecology and wildlife, highway safety, flooding and drainage, residential amenity of nearby properties and with regard to all other material considerations. The contribution of the scheme to renewable energy targets on land that is not considered to be the best and most versatile agricultural land is considered to outweigh any limited harm that may arise as a result of the development as conditioned. Therefore, on balance it is considered that the development would accord with the relevant national and local policy guidance referred to in this decision.
12.2 Conditions
1) The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.
Reason: In accordance with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).
2) The development shall take place in strict accordance with the following documents
440234 – dwg – Existing and proposed Elevations 440234– dwg – Existing and proposed floor plans 440234 – dwg – Cross section
3) Notwithstanding the provisions of Class A of Part 2 of schedule 2 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 around the site unless details of such means of enclosure have been submitted to and approved in writing by the LPA.
Reason: to ensure ancillary development is not harmful to the rural character of the area.
4) Prior to the commencement of development details of the external finishes and any works associated with the provision of a ‘centre station’/ ‘switchroom’ ‘metering room’ have been submitted to and approved in writing by the LPA.
Reason: To ensure ancillary development is not harmful to the character of the area.
5) ) Prior to the commencement of development a programme of archaeological recording work in accordance with a written scheme of investigation shall have been submitted to and approved in writing by the Local Planning Authority. Once approved the agreed scheme shall be implemented in.
Reason: To protect potentially important archaeological remains in accordance with the requirements of PPS5 ‘Planning for the Historic Environment’
6) Prior to their use on site, details of any security measures to be incorporated within and around the site shall be submitted to and approved in writing by the LPA. The measures shall subsequently be implemented as approved and maintained as such for the duration of this planning permission unless otherwise agreed in writing by the LPA.
Reason: In the interests of site safety, boundary security and to minimise visual and landscape impact.
7) Prior to the commencement of development a Construction Traffic Management Plan and programme of works shall be submitted to and approved in writing by the LPA. The plan shall include construction vehicle details (number, size and type), vehicular routes, delivery hours and contractors arrangements (compound, storage, parking, turning, surfacing, drainage and wheel wash facilities). The development shall be carried out strictly in accordance with the approved details unless otherwise agreed in writing by the LPA. Reason: In the interests of maintaining a safe and efficient highway network.
9) Prior to the commencement of development a site preparation methodology, construction methodology and decommissioning methodology shall be submitted to and approved in writing by the LPA. The methodology shall include details of ground anchoring, any ground re-profiling works to be undertaken, and any temporary storage compound areas. Development and decommissioning shall be undertaken in accordance with these approved details.
Reason: In the interests of surrounding environmental and amenity interests and to ensure that the impact upon wildlife is minimised.
10) Prior to the commencement of development a scheme for the provision of surface water management shall be submitted to and approved in writing by the Local Planning Authority. The details shall include:-
• Details of the final drainage scheme • Provision for overland flow routes
Prior to operation of the site it shall be demonstrated to the satisfaction of the Local Planning Authority that relevant parts of the scheme have been completed in accordance with the details agreed. The scheme shall thereafter be managed and maintained in accordance with the approved details unless otherwise approved in writing by the Local Planning Authority.
REASON: To prevent the increased risk of flooding and minimise the risk of pollution of surface water by ensuring the provision of a satisfactory means of surface water control and disposal.
11)All existing hedges on the site shall be retained and prior to the commencement of development a detailed scheme for their management together with additional landscaping shall be submitted to and approved in writing by the LPA. The scheme shall include details of the method of protection to trees and hedgerows during the construction period; the size, species and spacing of vegetation to be planted at the site; arrangements for their protection and maintenance during the duration of the construction and operational periods of the solar farm, and a timetable for the implementation of the scheme. The approved scheme shall thereafter be implemented in full in accordance with the approved programme and shall be maintained as approved for the duration of the approved development.
Reason: To protect and improve the appearance of the site in the interests of visual amenity.
12) In the event of failure of any vegetation to become established and to prosper for a period of five years following the completion of the approved planting scheme, such vegetation shall be replaced on a like for like basis.
Reason: To improve the appearance of the site in the interests of visual amenity.
13) No external artificial lighting shall be installed during the operation of the site as a solar PV facility without the prior written agreement of the LPA.
Reason: To minimise the potential for pollution and disturbance to local amenity.
14) Unless otherwise approved in writing by the LPA no construction or decommissioning works shall take place except between the following hours:-
08.00 - 18.00 Monday to Friday 08.00 - 13.00 Saturday
No construction or decommissioning works shall be undertaken outside these hours or on Sundays, Bank or Public Holidays without the prior written agreement of the Local planning authority.
Reason: To minimise the potential for disturbance to local amenity.
15) Within 25 years and six months following completion of construction of development, or within six months of the cessation of electricity generation by the solar PV facility, or within six months following permanent cessation of construction works prior to the solar PV facility coming into operational use, whichever is the sooner, the solar PV panels, frames, foundations, inverter modules and all associated structures and fencing approved shall be dismantled and removed from the site. The developer shall notify the LPA in writing no later than five working days following cessation of power production. The site shall subsequently be restored in accordance with a scheme, the details of which shall be submitted and approved in writing by the LPA no later than three months following the cessation of power production.
Reason: To ensure the achievement of satisfactory restoration.
17)Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order, 1995 (or any Order amending, replacing or re- enacting that Order), no fixed plant or machinery, buildings, structures and erections, or private ways shall be erected, extended, installed rearranged, replaced, repaired or altered at the site without prior planning permission from the Local Planning Authority.
Reason: To protect the landscape character of the area.
18) The ecological mitigation methods, monitoring and proposed habitat creation as documented within the approved Ecological report shall be carried out in full accordance with the approved details at all times during the operation of the solar farm.
Reason: To ensure and improve ecology and diversity within the site. .
Informative
1. Note to the Applicant (Badgers): All work using machinery within 20m or hand held tools within 10m of a sett entrance requires a licence under the Protection of Badgers Act 1992. These licences are issued by the English Nature. ·* English Nature recommends that, where possible, exclusion zones of 30m are established around setts .
Appendices
1. Site Plan – 1:7000.