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14/01004/FULL Full Application Site Planning Development Control Committee - 17 February 2015 Report Item 3 Application No: 14/01004/FULL Full Application Site: Land Off Lepe Road, Exbury, SO45 1AJ Proposal: Construction of a 9ha Solar farm to include solar panels to generate electricity; associated plant buildings; perimeter fencing; landscaping and associated works; internal access track Applicant: MTS Exbury Solar Ltd Case Officer: Deborah Slade Parish: EXBURY AND LEPE 1. REASON FOR COMMITTEE CONSIDERATION Referred by Authority Member. 2. DEVELOPMENT PLAN DESIGNATION No specific designation 3. PRINCIPAL DEVELOPMENT PLAN POLICIES CP19 Access DP1 General Development Principles CP2 The Natural Environment CP4 Climate Change CP5 Renewable Energy CP7 The Built Environment CP8 Local Distinctiveness CP17 The Land Based Economy 4. SUPPLEMENTARY PLANNING GUIDANCE Not applicable 5. NATIONAL PLANNING POLICY FRAMEWORK Sec 3 - Supporting a prosperous rural economy Sec 10 - Climate Change, Flooding and Coastal Change Sec 11 - Conserving and enhancing the natural environment Sec 12 - Conserving and enhancing the historic environment 6. MEMBER COMMENTS Richard Frampton – The Application should be determined by committee in view of the potential significance of the development. 7. PARISH COUNCIL COMMENTS Exbury & Lepe Parish Council: Do not support this proposal and recommends refusal on the basis that it fails to comply with Government policy through its intention to use good quality agricultural land, its failure to acknowledge the special nature of a National Park and fears that it could lead to further industrialisation of the area. There is significant opposition from parishioners. 8. CONSULTEES 8.1 Highway Authority (HCC): No highways objections, subject to condition. 8.2 Natural England: No objection on grounds of impact upon designated sites. 8.3 Landscape Officer: Objection on grounds of impact upon landscape. 8.4 Ecologist: Objection on inadequacies of information relating to Field Woundwart, waders and Brent Geese. 8.5 Archaeologist: No objections subject to conditions. 8.6 Environment Agency: No objections provided that the Flood Risk Assessment is satisfactory. 9. REPRESENTATIONS 9.1 55 objections received: • Contrary to the National Planning Policy Framework • The development would be harmful to the enjoyment of the use of the public right of way. • Harmful impact upon the setting of a Grade II Listed Building - Lepe Farmhouse. • Loss of agriculture land. • Harmful visual impact and detrimental to the unspoiled open character of the landscape. • The New Forest already has other solar farms on more appropriate sites. • The proposal is not 'small scale'. • Other proposals for solar farms within the New Forest have been refused on landscape grounds which sets a precedent for future applications. • A detailed site selection has not been carried out. • Would result in the industrialisation of agricultural land. • Adverse impact upon wildlife. • Disturbance to nearby properties during construction. 9.2 Representations of objection received from the Exbury and Lepe Community Group (122 members): • Loss of primary agricultural land. • A proper site selection has not been carried out by the applicant. • 25 years is not a temporary period. • Visual impact from the public right of way. • The applicant has disregarded the importance of the New Forest National Park. • Contrary to the National Planning Policy Framework. 9.3 Letter of objection received from the New Forest Association setting out similar concerns as those raised by residents. 9.4 Letter of objection received from the CPRE setting out similar concerns as those raised by residents. 9.5 Nine representations of support received: • A solar farm would help to reduce CO2 emissions and generate clean renewable energy. • It would not spoil the enjoyment of the New Forest National Park. • A 9 hectare site is a small site. • There is not a lack of agricultural land. • The proposal would diversify land use with little impact on the local community. • The proposed planting would screen the development. 9.6 Letter of support received from the Exbury Estate: • The Exbury Estate consists of 898 acres of agricultural land. • The application site is a large industrial scale arable field. • The proposal would establish a long term income for the Estate which in turn will help to ensure the future employment of 5 full time staff and 14 part time staff. The estate is one of the main employers in the village. • The Estate business runs at a deficit and the proposed solar array would halve the Estate’s annual deficit and generate much needed income to ensure the Estate's work in supporting the local rural economy can continue as well as helping to secure rural employment for the future. 9.7 Three representations of comment received: • The proposal would detract from the public right of way. • The area is a National Park and it seems a shame to cover it in solar panels. • It would be preferable if the solar farm were built on an existing industrial site. 10. RELEVANT HISTORY 10.1 Application for Screening Opinion under the Town and Country Planning (Environmental Impact Assessment) regulations (2011) for a proposed solar farm (14/00642), determined that EIA not required on 12 August 2014 10.2 Agricultural Barn (12/97174) approved on 5 April 2012 11. ASSESSMENT 11.1 The application site comprises an area of farmland some 9 hectares in size, located to the east of Lepe Farm House and accessed from Lepe Road. To the north is a bridleway and track leading to East Hill Farm. To the east is a footpath. To the south is Pophams Wood. 11.2 Permission is sought for a 5MW solar farm, comprising 2.15m high panels, surrounded by 2m high deer fencing, and associated buildings comprising a Control House, Substation, DNO substation and a Transformer Station. A new access road would be created from the west, as well as a parking and roundabout area within a site compound some 90m x 40m in area, at the front of the site, for the construction phase (and subsequent decommissioning phase). There would be CCTV cameras on 3m high poles. The land surrounding the panels would be seeded with wildflower mix. The application has been accompanied by a Design and Access statement together with a number of other supporting documents. 11.3 The main issues for consideration in this application are : • the extent to which the proposals comply with policies contained within the Core Strategy, the National Planning Policy Framework and National Planning Practice Guidance; • the wider socio-economic and environmental benefits that could accrue from the proposal; • the impact of the proposals on the landscape character of the site, the surrounding locality and the intrinsic landscape value of the National Park generally; • loss of agricultural land; • the impact of the proposals on ecological interests; • Impact upon agricultural land • the impact on heritage interests; and • flood and drainage characteristics. 11.4 Policy Considerations - Central Government Policy & Guidance The National Planning Policy Framework is generally supportive of renewable energy with authorities being encouraged to design policies to maximise developments while ensuring adverse impacts are addressed satisfactorily, including cumulative landscape and visual impacts (Section 10 Para 97). The issue of impact on landscape is a further focus (Section 11 Para 115) where it is confirmed that: “Great weight should be given to conserving landscape and scenic beauty in National Parks, the Broads and Areas of Outstanding Natural Beauty, which have the highest status of protection in relation to landscape and scenic beauty.” 11.5 Subsequent to the NPPF, the government has now published the National Planning Practice Guidance which provides further advice in relation to specific topics such as renewable energy. This more recent document introduces requirements which have previously not been considerations for such schemes. 11.6 The guidance looks at what the particular planning considerations that relate to such schemes and in particular mentions that Authorities will need to consider: • encouraging the effective use of land by focusing large scale solar farms on previously developed and non-agricultural land, provided that it is not of high environmental value; • where a proposal involves greenfield land, whether the proposed use of any agricultural land has been shown to be necessary and poorer quality land has been used in preference to higher quality land; and the proposal allows for continued agricultural use where applicable and/or encourages biodiversity improvements around arrays; • the need for, and impact of, security measures such as lights and fencing; and • the potential to mitigate landscape and visual impacts through, for example, screening with native hedges. 11.7 The most relevant part of the guidance infers a sequential approach whereby such schemes should firstly be considered on brownfield sites and non-agricultural land. An inspector re-enforced this approach in a recent appeal decision concerning a site in Ipswich stating that: “The first question to ask is whether the use of agricultural land is necessary. This exercise should demonstrate that no suitable brownfield land or non-agricultural land is available within a search area. Whilst the plan area may in circumstances be an appropriate search area, there is no policy guidance which advocates restricting searches to within a local authority's administrative area. The PPG at paragraph ID 5-003 confirms that ‘Whilst local authorities should design their policies to maximise renewable and low carbon energy development, there is no quota which the Local Plan has to deliver’. Therefore there is no need to site renewable energy development in a particular local authority in order to meet a local green energy quota.” 11.8 The Inspector then considers that the appellants search has been confined to too small an area, being far from robust and completely inadequate. 11.9 In the case of this application the applicant has undertaken an 'alternative site search report' which is focused around the 'viable grid connection' of the Langley Substation.
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