Planning Services COMMITTEE REPORT

APPLICATION DETAILS

APPLICATION NO: DM/15/01992/FPA

Installation of ground mounted PV panels FULL APPLICATION DESCRIPTION:

Mr P Barkes NAME OF APPLICANT: Land at Thorpe Farm Centre, Thorpe Farm, Greta ADDRESS: Bridge, Barnard Castle East ELECTORAL DIVISION: Peter Herbert, Senior Planning Officer CASE OFFICER: 03000 261391, [email protected]

DESCRIPTION OF THE SITE AND PROPOSALS

Site

1. The application site comprises 0.77 ha of pasture/grazing land to the east of Thorpe Farm, approximately 2.7 km to the north east of Greta Bridge village. To the north lies a pond and further pasture land with the C168 Thorpe Grange – Thorpe village road beyond. To the south lies further pasture land, with a farm access road, pond and the A66 Trans- Pennine trunk road beyond. To the east is open countryside, while to the west is the Thorpe Grange farm house and associated farm buildings, separated from the application site by a strip of further pasture land and the C168.

2. Thorpe Farm is an operational agricultural holding. In addition, a caravan and camping site, farm centre, bistro and coffee shop operate from the location.

3. The closest non-related residential properties are Thorpe Grange Cottages approximately 0.16 km to the south, Green Brough approximately 1.1 km to the south west, Saunders House approximately 1.3 km to the south west, and Southorpe Farm approximately 0.9 km to the north east.

4. The site does not lie within any locally or nationally designated landscape, being approximately 1 km outside an Area of High Landscape Value (AHLV) and 6.5 km outside the North Pennine Area of Outstanding Natural Beauty (AONB) to the west. Designated within the Landscape Strategy as Vale Farmland, the site’s visibility is limited from the A66 to the south by tree planting on, and adjacent to, the road embankment. As agricultural land the site is classified as subgrade 3b (moderate quality capable of producing moderate yields of a narrow range of crops or high yields of grass which can be grazed or harvested over most of the year). 5. There are a number of listed buildings in the vicinity of the application site, while Greta Bridge Conservation Area, Roman fort, vicus and section of Roman road (scheduled) are approximately 3 km to the south west.

6. The site is relatively unconstrained, with open views into it from the near distance. These are primarily from the C168 which is set at a higher level approximately 30 m to the west, and at a similar level some 370 m to the north. Footpath No. 43 (Wycliffe with Thorpe) lies some 55m to the south. There are ponds to the north and south of the application site.

The Proposal

7. The proposal is for the establishment of a solar panel installation for 25 years with electricity generating capacity of up to 249.6 KW per annum and comprising 960 photo voltaic (PV) panels. These would be orientated to face south and tilted on a rail system at 30 degrees to the horizontal. The direct current would be converted to the necessary alternating current by inverters located beneath the panels, but space would still remain for grass to grow under the installation, allowing grazing to continue.

8. The PV panels are intended to power all of the farm businesses, significantly reducing demand from the national grid, with the objective of assisting the farm’s economic viability and sustainability. Any surplus power would be exported to the local electricity grid.

9. The panels would be arranged in eight uniform rows than respond to the shape of the site with widths varying between 300m and 100m that would cover an area of approximately 7,700m2 (0.77ha). They would consist of blue cells of solar glass mounted within aluminium frames and supported by rust resistant steel and magnesium alloy ground supports. The mounting system comprises a single post per panel driven into the ground. Typical projection above ground level would be 2.2 m at each panel’s highest point, with a 0.8m clearance at each panel’s lowest point. The PV panels are designed to absorb light rather than reflect it.

10. No additional enclosure measures are proposed for the protection of the panels. They will be connected by underground cable to an existing substation located within the group of farm buildings to the west in order feed into the National Grid.

11. Vehicular access to the site would be via an existing field access track, which in turn would be accessed from the A66. Installation is anticipated to take approximately 5 weeks. This would involve 3 deliveries of materials by lorries, and up to three contractor vehicles per day, 6 vehicle movements in total.

12. The application is referred to County Planning Committee as it involves renewable energy development of 1,000sqm or more.

PLANNING HISTORY

13. There is no planning history specific to the application site. However, the wider farm has extensive planning history, including the provision of a farm shop and tea room, bird of prey centre and use of the land for the siting of touring caravans and camping pods.

14. An application for a change of use of former pig sheds and reclamation centre to animal rescue centre, and the retention of a static caravan, are currently under consideration. PLANNING POLICY

NATIONAL POLICY

15. The Government has consolidated all planning policy statements, guidance notes and many circulars into a single policy statement, the National Planning Policy Framework (NPPF), although the majority of supporting Annexes to the planning policy statements are retained. The overriding message is that new development that is sustainable should go ahead without delay. It defines the role of planning in achieving sustainable development under three topic headings – economic, social and environmental, each mutually dependant.

16. The presumption in favour of sustainable development set out in the NPPF requires local planning authorities to approach development management decisions positively, utilising twelve ‘core planning principles’. The following elements of the NPPF are considered relevant to this proposal.

17. NPPF Part 1 – Building a Strong, Competitive Economy. The Government is committed to securing economic growth in order to create jobs and prosperity and to ensuring that the planning system does everything it can to support sustainable economic growth. Planning should operate to encourage and not act as an impediment to sustainable growth. Therefore significant weight should be placed on the need to support economic growth through the planning system. Decisions should support existing business sectors, taking account of whether they are expanding or contracting.

18. NPPF Part 3 – Supporting a Rural Economy – Requires planning policies to support economic growth in rural areas in order to create jobs and prosperity by taking a positive approach to sustainable new development, supporting all types of business and enterprise, promoting development and diversification of agricultural and rural business and supporting tourism and leisure activities that benefit rural businesses, communities and visitors whilst respecting the character of the countryside.

19. NPPF Part 7 – Requiring Good Design. The Government attaches great importance to the design of the built environment, with good design a key aspect of sustainable development, indivisible from good planning. Planning policies and decisions must aim to ensure developments; function well and add to the overall quality of an area over the lifetime of the development, establish a strong sense of place, create and sustain an appropriate mix of uses, respond to local character and history, create safe and accessible environments and be visually attractive.

20. NPPF Part 10 - 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.

21. NPPF Part 11 – Conserving and Enhancing the Natural Environment. The planning system should contribute to, and enhance the natural environment by; protecting and enhancing valued landscapes, recognizing the benefits of ecosystem services, minimising impacts on biodiversity and providing net gains in biodiversity where possible, preventing new and existing development being put at risk from unacceptable levels of soil, air, water or noise pollution or land instability, and remediating contaminated and unstable land. 22. NPPF Part 12 – Conserving and Enhancing the Historic Environment. Working from Local Plans that set out a positive strategy for the conservation and enjoyment of the historic environment, Local Planning Authorities should require applicants to describe the significance of the heritage asset affected to allow an understanding of the impact of a proposal on its significance. In determining applications LPAs should take account of; the desirability of sustaining and enhancing the significance of the asset and putting them to viable uses consistent with their conservation, the positive contribution conservation of heritage assets can make to sustainable communities and economic viability, and the desirability of new development making a positive contribution to local character. Opportunities for new development within Conservation Areas that enhance or better reveal their significance should be treated favourably, acknowledging that not all elements of a Conservation Area contribute to its significance.

23. In accordance with paragraph 215 of the National Planning Policy Framework, the weight to be attached to relevant saved local plan policy will depend upon the degree of consistency with the NPPF. The greater the consistency, the greater the weight. The relevance of this issue is discussed, where appropriate, in the assessment section of the report below.

http://www.communities.gov.uk/documents/planningandbuilding/pdf/2116950.pdf (NPPF)

24. Accompanying the NPPF the Government has consolidated a number of planning practice guidance notes, circulars and other guidance documents into a single Planning Practice Guidance Suite. This provides planning guidance on a wide range of matters. Of particular relevance to this development proposal is the practice guidance with regards to visual impact, glint and glare, loss of agricultural land, impact upon heritage assets and the use of planning conditions with respect to renewable energy projects, and specifically solar farms.

http://planningguidance.planningportal.gov.uk/ (National Planning Practice Guidance)

LOCAL PLAN POLICY:

Teesdale District Local Plan (TLP) adopted 2009

25. Policy GD1– General Development Criteria – permits development that (inter alia) is in keeping with the character and appearance of the area, and would not unreasonably harm the rural landscape of the area.

26. Policy C6 – Other Forms of Renewable Energy – permits proposals for the development of renewable energy sources where they do not result in unacceptable harm to the character and appearance of the area, to residential amenity, the ecology of the area, archaeology, or the performance of military radar or military low flying operations.

27. Policy ENV1 – Protection Of The Countryside – allows (inter alia) development in the countryside for the purposes of an existing countryside use provided that it does not unreasonably harm the landscape and wildlife resources of the area.

28. Policy ENV2 – Development Within Or Adjacent To The North Pennines ANOB – only permits development capable of protecting the landscape quality and natural beauty of the designated area. 29. Policy ENV3 – Development Within Or adjacent To An Area Of High Landscape Value – allows development only where it does not detract from such an area’s special character and pays special attention to the landscape qualities of the area.

30. Policy ENV8 – Safeguarding Plant and Animal Species Protected by Law – does not permit development which would harm any animal or plant species afforded special protection by law.

31. Policy BENV3 – Development Adversely Affecting the Character of a Listed Building – precludes development that would adversely affect the character of a listed building or its setting.

32. Policy BENV4 – Development within and/or adjoining Conservation Areas – is only permitted where it is respectful of the quality and character of the area in terms of design, layout, materials and scale, traffic generation, and landscape impact.

33. Policy BENV 11 – Archaeological Interest Sites – precludes development that would unacceptably harm the setting or physical remains of sites of national importance whether scheduled or not. That affecting sites of regional or local importance will only be approved where archaeological remains would remain in place in the first instance, or where this is not possible be excavated and recorded.

RELEVANT EMERGING POLICY:

The County Durham Plan

34.Paragraph 216 of the NPPF says that decision-takers may give weight to relevant policies in emerging plans according to: the stage of the emerging plan; the extent to which there are unresolved objections to relevant policies; and, the degree of consistency of the policies in the emerging plan to the policies in the NPPF. The County Durham Plan was submitted for Examination in Public and a stage 1 Examination concluded. An Interim Report was issued by an Inspector dated 15 February 2015, however that report was Quashed by the High Court following a successful Judicial Review challenge by the Council. As part of the High Court Order, the Council is to withdraw the CDP from examination, forthwith. In the light of this, policies of the CDP can no longer carry any weight.

The above represents a summary of those policies considered relevant. The full text, criteria, and justifications can be accessed at: http://www.durham.gov.uk/article/3271/Teesdale-Local-Plan (Teesdale District Local Plan) http://durhamcc-consult.limehouse.co.uk/portal/planning/ (County Durham Plan)

CONSULTATION AND PUBLICITY RESPONSES

STATUTORY RESPONSES:

35. Highways – No objection raised, subject to it being a condition of any planning permission that access to the site is made via Whorlton Lane (C168) and that all vehicles used as part of the construction process are not abnormal loads and do not exceed the weight limit on Whorlton Lane..

36. Highway Authority – No objection is raised. 37. National Air Transport Services (NATS) – No objection raised. The proposal is not considered to conflict with aviation safety.

38. Ministry of Defence – No objection is raised. It is noted that the application relates to a site outside of Ministry of Defence safeguarding areas and therefore has no safeguarding objections to the proposal.

39. Durham Tees Valley Airport – No objection is raised.

40. Newcastle Airport – No objection raised. Given the location of the proposed solar farm in excess of 30 km from NIA, the scheme would not result in any distraction to pilots of trafficking aircraft, nor would it present itself as an obstruction to NIA’s navigational aids.

INTERNAL CONSULTEE RESPONSES:

41. Landscape – No objection is raised. The site lies outside any area of national or local designation and is characterised as vale farmland within the County Durham Landscape Strategy assessment. Its visibility is primarily from the C168. This could not be readily screened by a roadside hedge due to the road’s elevated position. There would therefore be a negative effect on views across the site towards countryside beyond. An element of screening planting within the site is therefore requested as a condition of any planning permission. This should be located adjacent to the north and north west boundaries, and to the north west of the adjacent field to the south, to the south east of the drainage ditch and to the south of the pond, to be provided by native species hedging.

42. Archaeology – No objection is raised. Despite a known archaeological presence in the wider area, there is no evidence of any in the immediate vicinity of the application site. As the area for the photovoltaics is under 1 hectare in total (with a much lesser area actually affected by invasive groundworks) officers do not feel any archaeological works are necessary.

43. Design and Conservation – No objection is raised. Based upon the submitted heritage statement it is accepted that assets most likely to be affected have been identified and impact on them properly assessed. The conclusion that the proposal’s presence within an already degraded setting would not cause harm to the significance of the assets is accepted. Although not an ideal relationship, Officers consider on balance this to be a reasonable conclusion.

44. Environmental and Consumer Protection (Noise) – No objection raised. The nearest sensitive receptor is stated to be approximately 150 m away from the application site on the opposite side of the A66 and close to the trunk road. The ambient noise level for the dwelling in question is therefore likely to be high. Accordingly any noise generated by cooling fans associated with the PV panels is unlikely to registered with the occupants and accordingly not be a statutory nuisance.

45. Drainage and Coastal Protection – No objection raised. The proposal does not raise any drainage issues despite there being an area just outside the application site susceptible to flood risk in a 1:30 year and 1:100 year storm. For this particular site it is not a concern as there is not any habitable development, and the solar panels looked to be positioned away from the risk area.

46. County Ecologist – No objection is raised. The findings of a submitted Ecological Appraisal are accepted, and it should be a condition of any planning permission that the Method Statement and habitat enhancements contained within the report be implemented. 47. Sustainability Strategy Officer – No objection raised. The proposal is broadly supported subject to any ecological impact and future restoration being fully addressed, and the land’s grading status clarified.

PUBLIC RESPONSES:

48. The application was advertised in the press, by site notices and letters to neighbouring residents. No representations have been received from the general public.

49. The Campaign to Protect Rural England (CPRE), while not specifically objecting to the proposal, raises concerns regarding uncertainty as to the amount of electricity likely to be generated, its purpose, and the size of the site. Further concerns include the possible use of Grade 3a (best and most versatile) agricultural land and therefore its loss to agriculture, and potential impact on listed buildings nearby.

APPLICANTS STATEMENT:

50. At Thorpe Farm we have a high energy demand across the site, by allowing the renewable technology of solar panels to be installed this would significantly reduce our existing electricity demand which we currently pull down from the local grid. The vast majority of the energy generated by the solar system will be used on site, with a small percentage being exported back to the grid.

51. Like many in our sector over recent years we have had to diversify to enable our business to stay stable and to also progress. Our farm whist centred around the 18th Century Peel House is now a home to a small animal petting zoo and is also a fully licensed campsite and caravan park. Thorpe Farm also has a coffee shop and bistro restaurant whilst we can cater for parties and other small events in our function room.

52. The opportunity to further enhance our sustainability credentials is also of great importance, the location of the system was carefully considered after thought was given to alternative locations within our land ownership – however the location chosen was deemed the most appropriate, whilst it can be seen from the A66 the trees and hedge lines in the area do not obscure the view from that of the passing public.

53. As a business we don’t want to be in a position whereby we can’t progress, the electricity generated which as mentioned will be fed back into the farm to reduce existing running costs – this saving will further help us a business to improve and enhance our existing business and also look at alternative ways of which we can reduce costs.

54. We hope the above along with the associated documentation which has already been provided for the planning application will be greatly received and look forward to hopefully a successful decision being made.

The above represents a summary of the comments received on this application. The full written text is available for inspection on the application file which can be viewed at http://publicaccess.durham.gov.uk/online- applications/applicationDetails.do?activeTab=documents&keyVal=NNO42YGD0BJ00

PLANNING CONSIDERATIONS AND ASSESSMENT 55. Having regard to the requirements of Section 38(6) of the Planning and Compulsory Purchase Act 2004 the relevant Development Plan policies, relevant guidance and all other material planning considerations, including representations received, it is considered that the main planning issues in this instance relate to the principle of development, use of agricultural land, landscape and visual impact, impact on the historic environment, ecological impact, highway safety and other matters.

Principle of development

56. The UK Government is committed to increasing domestic renewable energy provision to address the projected growth in global energy demand and concern over long term fossil fuels supplies (NPPF Part 10). Together, these issues place long term energy supply at risk. In addition to these trends, global warming and climate change necessitates ensuring that renewable resources are brought forward to provide a secure basis for the UK’s future energy needs. These aims were reflected in the 2009 UK Government Energy Strategy White Paper which states within its Executive Summary that: “We need to radically increase our use of renewable electricity, heat and transport. (The Strategy) sets out the path for us to meet our legally-binding target to ensure 15% of our energy comes from renewable sources by 2020: almost a seven-fold increase in the share of renewables in scarcely more than a decade.

57. Solar photovoltaic (PV) energy generation is a renewable power technology that uses solar panels to convert light from the sun directly into electricity. The electrical output of PV solar panels is dependent upon the intensity of the light to which it is exposed and this part of the country experiences good light levels that make solar panels an efficient form of renewable energy production. Photovoltaic cells do not need to be in direct sunlight to work, so even on overcast days PV solar panels will still generate a limited level of energy output.

58. It is now widely accepted that climate change is actively progressing and that carbon emissions from the use of fossil fuels are a key contributory factor. The increased production of energy from renewable sources, such as solar PV, has very real benefits in off-setting carbon dioxide (CO2) emissions and reducing the potential impact of greenhouse gases on climate change. It will also ensure a constant and affordable source of energy, contribute to economic stability and provide a further form of farm diversification to support rural economies.

59. Producing electricity with PV emits no pollution, produces no greenhouse gases and uses no finite fossil-fuel resources. Where, as has been generally recognised, the current consumption of and reliance on fossil fuels is considered to be unsustainable, there is a very real need to find a viable long term alternative solution.

60. Solar power is considered to be such a solution. Despite the coverage of ground based sites they are, as a whole, one of the most low-key types of renewable energy generators available. The low height of the arrays, the lack of noise and the minimal maintenance required all ensure that, once installed, the system causes no disturbance to the occupants of properties in the surrounding area.

61. Ideally, large scale solar PV arrays should be directed towards previously developed land. However, with there being relatively few sites of appropriate size in the County, it is considered that, subject to other considerations set out below, the principle of the proposed photovoltaic development on this undeveloped site in the countryside is endorsed by planning policy as a suitable source of obtaining renewable energy to meet the energy demands of County Durham. 62. The National Planning Policy Framework (NPPF) states at paragraph 98 that applications for renewable energy developments should not be required to demonstrate the need for renewable or low-carbon energy and that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions. Applications should be approved if the project’s impacts are, or can be made, acceptable.

63. The Planning Practice Guidance (PPG) includes dedicated guidance with regards to renewable energy and in principle also supports renewable energy development considering that planning has an important role in the delivery of new renewable and low carbon energy infrastructure in locations where the local environmental impact is acceptable

64. The scheme is designed to produce renewable energy sufficient to meet the needs of Thorpe Farm, with any surplus exported to the local electricity grid. This would result in economic benefits through lower operating costs for the farm and its associated businesses, and make a contribution, albeit modest, to mitigating the effects of climate change. This would materially add to the County’s renewable energy provision and national targets for the achievement of a diverse energy supply, as well as tackling the effects of climate change, and these are benefits that attract very considerable weight.

65. Consequently, it is considered that the proposal is sustainable in principle, and in accordance with relevant national policy contained within the NPPF in this respect.

Use of Agricultural Land

66. The loss of productive agricultural land must be weighed against the merits of the proposal. Paragraph 111 of the NPPF encourages the use of previously used sites where possible, while paragraph 112 requires account to be taken of the economic and other value of the ‘best and most versatile’ land. Where significant development is proposed, poorer quality agricultural land should be used rather than higher quality. This does not preclude the development of such land, but is a material consideration to be weighed in the balance.

67. The application site is Grade 3b agricultural land (moderate) and not ‘best and most versatile’. At 0.77 ha in size, the site is not of such a scale that its loss would have a significant negative economic agricultural impact, whereas there are demonstrable benefits from renewable energy development.

68. Furthermore, the proposed development would not be permanent, with the land being restored to its original condition post development. The PV panels would not result in the permanent or irreversible loss of agricultural land as the installation of the solar array is a temporary, albeit long-term, use of land which would not prevent agricultural activity alongside, including sheep grazing within the space beneath the solar array.

69. Therefore, and on balance, the development of a comparatively modest area of agricultural is not considered to undermine the site’s primary agricultural function. Accordingly, on the basis of national planning policy advice contained within paragraph 112 of the NPPF it can be reasonably concluded that the temporary removal of land from agricultural production in this particular case is not a reason for planning permission to be withheld as there would be no conflict with Local Plan Policy.

Landscape and Visual Impact 70. In its broadest sense it could 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 energy), 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.

71. Policies ENV1, ENV2 and ENV 3 of the TDLP seek to protect the countryside from inappropriate development and that which that would result in unreasonable landscape and wildlife harm, protects the landscape quality and natural beauty of the adjacent North Pennines AONB, and the distinctive qualities of the adjacent AHLV. This reflects national planning policy contained within Part 11 of the NPPF and these policies are considered to be consistent with the NPPF in sharing a common objective of protecting valued landscape and ecology.

72. The site lies outside the adjacent AONB and AHLV and is sufficiently visually contained to have no material impact upon these protected areas. Identified negative effect would be confined to views across the site from the C168, but these could be reduced by hedge planting. Therefore in balancing that impact against the intrinsic benefits of renewable energy generation, the specific economic benefits to the applicant’s rural businesses, the relatively modest scale of the proposed solar installation and its temporary nature, it is concluded that the objectives of TDLP Policies ENV, ENV2 and ENV3 would not be compromised by this proposal, and that the proposal fully aligns with national planning policy contained within Part 11 of the NPPF.

Impact on the Historic Environment

73. TDLP Policies BENV 3 and BENV 4 seek to resist development that would adversely affect the character and setting of a listed building, the setting of a conservation area or the views into or out of that area. This reflects national planning policy contained within Part 12 of the NPPF. A heritage statement has been submitted in support of the proposal, and this identifies the heritage assets that could be potentially affected. The grade II* listed Thorpe Farmhouse and associated range of agricultural buildings has been correctly identified as the assets most relevant, but highlights the manner in which the application site is separated from them by the local topography, recent planting and existing vegetation. The statement concludes that within an already degraded setting, this proposal would not cause harm to the significance of the heritage assets that is derived from their setting. This is accepted as a reasonable conclusion by Design and Conservation Officers, and no harm is considered to result to the setting of the heritage asset. Therefore, the test set in Section 66 of the Planning (Listed Building and Conservation Act) 1990 has been met.

74. Greta Bridge Conservation Area and associated scheduled ancient monuments lie approximately 3 km to the south west of the application site, and are at such a distance that a low level solar development would have no impact on their setting or intervisibility, given the intervening topography, built development and vegetation. It is therefore concluded that the objectives of TDLP Policies BENV3 and BENV4 have been met, and that the proposal aligns with national planning policy contained within Part 12 of the NPPF

75. Although the site lies within a wider area of known archaeological interest, investigations near Thorpe Farm have not suggested there to be any significant archaeology in the immediate vicinity of the site. Therefore, as the PV panels would cover an area of substantially less that a hectare, no additional archaeological investigation work is considered necessary, and no impact on archaeological remains considered likely. Accordingly, the objectives of TDLP Policy BENV11 and Part 12 of the NPPF are considered to have been complied with. Ecological Impacts

76. Policy ENV8 of the TDLP does not permit development proposals that would significantly harm any animal or plant species afforded special protection by law unless mitigation is achievable, and where the overall effect would not be detrimental to the species and overall biodiversity of the district. An ecological appraisal has been submitted in support of this application. Its conclusions are that there are no protected ecological sites located within or adjacent to the application site. Brignall Banks Site of Special Scientific Interest (SSSI) is the only statutory protected site within 2km of the application site. This is located 995m to the south-west. The nearest non-statutory site is Rokeby Park and Mortham Wood Local Wildlife Site (LWS) located 1.06km to the north-west of the application site. It is not therefore considered that the proposed development will impact on any protected sites within the local area. Within the application site itself no evidence of badgers, bats or great crested newts or other protected has been found, and due to previous intensive grazing the likelihood of bird nesting activity is considered to very be very low.

77. To allow for habitat enhancement it is recommended that a stock proof fence be installed along the southern boundary of the pond to the north of the site, to be set 10m from the edge to create a strip of rough grassland suitable for amphibian species and general wildlife. The area would not be grazed. It is further recommended that any ground works undertaken during the main bird nesting season between March and August are supervised by a suitably qualified ecologist, and no active nests disturbed by any works.

78. The findings and recommendations of the ecological appraisal have been accepted, and it would be a condition of any planning permission that these recommendations are carried out. As a result it is considered that the objectives of TDLP Policy ENV8 have been addressed. This reflects national planning policy contained within Part 11 of the NPPF.

Highway Safety

79. The application site can be safely accessed from the A66 via the C168 and an existing field access track to the satisfaction of both Highways England and the Highway Authority, subject to the use of this route and suitable vehicles being a condition of any planning permission.

80. At Highways England’s request a Solar Glare Hazard Analysis has been submitted that demonstrates that a short section of the A66 could potentially be affected by glare at two locations. However, at the first, any such sun reflection from the proposed panels would be seen at ninety degrees to the carriageway, therefore not be in drivers’ eyes, whilst at the second, intervening topography would mitigate impact. Accordingly, it is accepted that solar glare is most unlikely to be an issue arising from this proposal.

Other Matters

81. No impact on land drainage and flood risk, public rights of way, or residential amenity levels are considered likely to result based upon the judgements of professional consultees. Therefore overall this is a form of development compliant with Policy C6 of the TDLP in being a renewable energy source that would have no demonstrable negative impact on matters of acknowledged importance. From which must follow that the objectives of Policy GD1 have also been met by being sustainable development that would not prejudice the character and appearance of the area and its rural quality. CONCLUSION

82. National planning policy is supportive of energy generation by renewable means, and this includes solar energy development. Therefore there is a presumption in favour of such planning applications. Part 10 of the NPPF states that such proposals should be approved if impact is, or can be made, acceptable.

83. The site lies within undesignated landscape. There will be some negative landscape impacts, but these are judged to be slight, localised, and capable of mitigation through hedge planting which can be conditioned. There would be no impact on the adjacent AONB and AHLV.

84. Although the proposal would be within the setting of a designated heritage asset, the grade II* Thorpe Farmhouse, and that of associated heritage assets, it is not considered to harm the setting’s significance as that has already been compromised by degradation over time. Furthermore, the PV panels represent only a temporary intervention. There would be no impact on any other heritage assets due to distance from them, and there would be no impact on archaeology.

85. There are no adverse impacts on ecological interests subject to appropriate mitigation measures controlled by conditions.

86. In terms of highway safety, no significant impact on traffic using the A66 is anticipated, and subject to construction and maintenance traffic being restricted by weight and to use of the A168, there is no obstacle to site access, controlled by condition.

87. No impact on the residential amenity of those unconnected with the proposal is likely to take place due to intervening distances and topography, and no objections to the application have been received. Best and most versatile land would not be lost as a result of the PV panels, and the site’s current use for grazing could continue during the life of the development.

88. Planning considerations raised by the CPRE have been fully appraised, and any perceived harm resulting from this proposal is judged to be slight, and decisively outweighed by both the implicit benefits of renewable energy and the economic benefits to the applicant in terms of off-setting the costs arising from a rural business.

89. Therefore, overall, this proposal is considered to represent sustainable development fully in line with national and local planning policy.

RECOMMENDATION

That the application be APPROVED subject to the following conditions

1. The development hereby approved must be begun no later than the expiration of three years from the date of this permission.

Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2. The development hereby approved shall be carried out in accordance with the following approved plans:

Location Plan Dwg No T1430_S02 Rev A Proposed PV Layout Dwg No T1430_GA01 Rev A Solar Panel (Canadian Solar CS6P-250 I 255 I 260P) Specification Document Typical Ground Mount Dwg No GMI_IF32_Rev A GMI Energy Planning Statement

Reason: To ensure a satisfactory form of development in accordance with the objectives of Policy GD1 of the Teesdale District Local Plan

3. The planning permission hereby granted is for a 25 year period commencing from the approval date. Within 6 months of the cessation of energy generation from the site, all infrastructure associated with the solar farm will be removed from the site and the land restored to its present condition.

Reason: In the interests of defining the planning permission period and the visual amenity in accordance with paragraph 112 of the National Planning Policy Framework.

4. Access to the application site by construction and maintenance traffic shall only be taken from Whorlton Lane (the C168), and at no time shall abnormal loads or vehicles that exceed the weight limit in force on that road be used.

Reason: To ensure that, during periods of construction and operation, that the A66 Trunk Road continues to serve its purpose as part of a national system of routes for through traffic in accordance with Section 10(2) of the Highways Act 1980 by minimising disruption on the trunk road network and in the interests of road safety.

5. The recommendations contained within the submitted Ecological Appraisal (Quants Environmental, September 2015) shall be carried out in full, to include in particular, but not exclusively, the Method Statement (section 4.7.3) and habitat enhancements (section 4.7.4) to include the erection of stock-proof fence along the southern boundary of Pond 1 as shown in Figure 2 within the report.

Reason: In the interests of the natural environment in accordance with the objectives of Policy ENV8 of the Teesdale District Local Plan.

6. During the first planting season following the hereby approved development’s installation, a scheme of native species hedge screen planting, the details of which to be submitted to and agreed in writing by the Local Planning Authority, shall be implemented and maintained during the operational life of the installation.

Reason: In the interests of visual amenity and in accordance with the objectives of Policy GD1 of the TDLP.

7. Not later than 6 months prior to the expiry of the 25 year period of planning permission, or 6 months prior to the cessation of electricity generation from the site, whichever is sooner, a scheme for the restoration of the site, including the dismantling and removal of all elements above ground level and the removal of the concrete piling, shall be submitted to and be approved in writing by the Local Planning Authority. The approved scheme shall be carried out and completed within 6 months from the date that the planning permission hereby granted expires.

Reason: In the interests of visual amenity in accordance with paragraph 112 of the National Planning Policy Framework.

8. All electrical cabling between the solar farm and the on-site connection building shall be located underground. Thereafter the excavated ground shall be reinstated within 3 months of the commissioning of the solar farm to the satisfaction of the Local planning authority. Reason: In the interests of local amenity in accordance with paragraph 112 of the National Planning Policy Framework.

STATEMENT OF PROACTIVE ENGAGEMENT

The Local Planning Authority in arriving at its decision to support this application has, without prejudice to a fair and objective assessment of the proposals, issues raised, and representations received, sought to work with the applicant in a positive and proactive manner with the objective of delivering high quality sustainable development to improve the economic, social and environmental conditions of the area in accordance with the NPPF. (Statement in accordance with Article 31(1) (CC) of the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2012.)

BACKGROUND PAPERS

 Submitted application form, plans supporting documents and subsequent information provided by the applicant.  The National Planning Policy Framework (2012)  National Planning Practice Guidance Notes  Teesdale Local Plan  The County Durham Plan (Submission Draft)  Statutory, internal and public consultation responses. Installation of ground mounted PV panels, Thorpe Farm Centre, Thorpe Farm, Greta Bridge, Barnard Castle (DM/15/01992/FPA) Planning Services

This map is based upon Ordnance Survey material with the Comments permission o Ordnance Survey on behalf of Her majesty’s Stationary Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceeding. Durham County Council Licence No. 100022202 2005

Date October 2015 Scale Not to scale