Application No: 14/4380N Location: HURST HALL, WRENBURY ROAD, MARBURY, CHESHIRE, SY13 4LU Proposal: Installation of a solar park with an output of approximately 13.28MW on land associated with Hurst Hall. Applicant: Markus Wierenga, Green Switch Developments Ltd Expiry Date: 22-Dec-2014 SUMMARY The NPPF requires that Local Planning Authorities should recognise the responsibility on all communities to contribute to energy generation from renewable or low carbon sources. In terms of sustainability, the benefits of the provision of a source of renewable energy, for which there is a recognised need, outweighs harm to the local environmental harm having regard to the impact on open countryside and agricultural land. The proposal would satisfy the economic and social sustainability roles by providing energy from a renewable, low carbon source. The proposal is considered to be acceptable in terms of amenity, flood risk, highway safety and ecology. The significant harm to the landscape character of the area however, is considered to significantly and demonstrably outweigh the benefits of the scheme, rendering it environmentally unsustainable. The scheme therefore represents an unsustainable form of development and the planning balance weighs against supporting the development. RECOMMENDATION: Refuse due to significant adverse impact on landscape character. PROPOSAL The development proposal is for a circa 13.28MW Solar Park laid out across approximately 22.9 hectares of agricultural land within the existing field boundaries. The panels would be freestanding units constructed of toughened glass set in aluminium frames. They would be mounted close to the ground (approx 2.33m high with a tilt angle of 25 degrees), and fixed in position through piles driven into the ground, meaning that no concrete foundations are required. There would be approximately 54,230 panels. The panels would be arranged in rows on an east to west alignment, facing south to maximise exposure to sunlight. Security fencing would be erected around the boundary to restrict access to the site. The solar park would be an unmanned facility and a control building/substation would be constructed close to the point of connection and would house ‘Low Tension and High Tension’ control panels and a transformer. This is the subject of a second application on this agenda (14/4500N). Ten inverters will also be installed at the site housed in a weather proof fibre glass enclosure. Access during the construction period, for maintenance and subsequent decommissioning, would be from an existing access track off Wrenbury Road, through the farm yard and entering the site via the south eastern corner of the southernmost field on the site. In this case the application is accompanied by an Environmental Statement. SITE DESCRIPTION: The application site is located in the south west of Cheshire East and covers an area of approximately 22.9 hectares of what is currently agricultural land, extending over a number of fields. The topography of the wider area is broadly undulating and this is true of the site itself, in which the land generally slopes down to the Llangollen Branch of the Shropshire Union Canal, although there are distinct variations in topography across the application site. The wider landscape surrounding the application site is agricultural and the Llangollen Branch of the Shropshire union canal is located just to the north of the site, Footpath 16 Norbury follows this route. The South Cheshire Way, a long distance footpath (Footpath 16 Marbury cum Quoisley) follows the southern boundary of the applications site. The site is designated as being within Open Countryside in the adopted local plan. RELEVANT HISTORY: Environmental Impact Assessment screening and scoping opinions have been requested relating to this site. (14/4196S, 14/3982S, 14/1834S and 14/1722S) NATIONAL & LOCAL POLICY National Policy: The National Planning Policy Framework establishes a presumption in favour of sustainable development. Of particular relevance are paragraphs 14 and 98. Development Plan: The Development Plan for this area is the Borough of Crewe and Nantwich Replacement Local Plan 2011, which allocates the site as being within Open Countryside. The relevant Saved Polices are: - BE.1 – Amenity BE.2 – Design Standards BE.3 – Access and Parking BE.4 – Drainage, Utilities and Resources BE.5 – Infrastructure BE.6 – Development on Potentially Contaminated Land BE14 – Development Affecting Historic Parks and Gardens BE.16 – Development and Archaeology BE.21 – Hazardous Installations NE.2 – Open Countryside NE.3 – Areas of Special County Value NE.5 – Nature Conservation and Habitats NE.6 – Sites of International Importance for Nature Conservation NE.7 – Sites of National Importance for Nature Conservation NE.8 – Sites of Local Importance for Nature Conservation NE.9 – Protected Species NE.11 – River and Canal Corridors NE.12 – Agricultural Land Quality NE.17 – Pollution Control NE.19 – Renewable Energy NE.20 – Flood Prevention RT.9 – Footpaths and Bridleways The saved Local Plan policies are consistent with the NPPF and should be given full weight. Cheshire East Local Plan Strategy – Submission Version (CELP) The following are considered relevant material considerations as indications of the emerging strategy: PG2 – Settlement Hierarchy PG5 - Open Countryside PG6 – Spatial Distribution of Development SD1 - Sustainable Development in Cheshire East SD2 - Sustainable Development Principles SE1 - Design SE2 – Efficient use of Land SE3 – Biodiversity and Geodiversity SE4 – The Landscape SE5 – Trees, Hedgerows and Woodland SE6 – Infrastructure SE7 – The Historic Environment SE8 – Renewable and Low Carbon energy SE9 – Energy Efficient Development IN1 – Infrastructure IN2 – Developer Contributions Other Considerations: The EC Habitats Directive 1992 Conservation of Habitats & Species Regulations 2010 Circular 6/2005 - Biodiversity and Geological Conservation - Statutory Obligations and Their Impact within the Planning System Circular 02/99: Environmental Impact Assessment Town and Country Planning (Environmental Impact Assessment) Regulations 2011 CONSULTATIONS: Highways: There will not be a material traffic impact from this development with the development phase the only element of traffic generation. No objection raised subject to a condition being attached requiring a detailed Construction Management Plan prior to first development. Environmental Health: An informative suggested in relation to hours noise generative work. Environment Agency (EA): No objection in principle to the proposed development. This is subject to a condition requiring the development to be carried out in accordance with the submitted flood risk assessment. Natural England: In terms of the Wildlife and Countryside Act 1981 no objection and requires no conditions. In terms of impact on agricultural land, Natural England considers that the development is unlikely to lead to significant and irreversible long term loss of the best and most versatile agricultural land. For advice on protected species refer to the Councils standing advice. Archaeology: It is not considered that the potential for archaeological deposits is significant enough to justify an archaeological objection to the development or to lead to a recommendation for further pre-determination work. Instead, it is advised that the archaeological potential of the site may be addressed by a limited programme of archaeological mitigation, to be secured by condition. Civil Aviation Authority: No comments received at the time of writing this report. Manchester Airport: Manchester Airport has no safeguarding objections to the proposal. Canals and Rivers Trust: Consider that there would be a substantial impact on both short and long views of the site from the Llangollen Canal. Should the application be approved, they request that additional screening is provided on the northern, eastern and western boundaries of the site. Marbury and District Parish Council: The Parish Council wish to object to the proposed Solar Park and the extended sub station. The development would appear to be against both Local and National Planning Objectives for use of agricultural land. It would also be an intrusion into the open countryside in an area well used by walkers and canal users. The development is of an industrial scale and character and would be totally alien to the appearance and character of its rural landscape setting. The change to the outlook of various properties that overlook the site would have a detrimental effect and be of a negative nature. The potential for noise pollution and disturbance during the construction of the Solar Park and its joining to the sub station/national grid is very high. There is also a concern about probable light pollution during the construction and afterwards from security lights. Reference has been made earlier to intrusion into Open Countryside and the possible loss of habitat etc. The Council's Principal Planning Officer, Emma Williamson, in a letter to Greenswitch Solutions, dated 11th April 2014, stated "..that the proposal is likely to have significant effects..." and also in the same letter "The development could be easily viewed from Frith Lane and from a number of Public Footpaths, particularly the footpath on the southern site boundary. While the site would benefit from an element of natural screening provided by existing trees and vegetation the potential for long distance views of the scheme is great given the scale of the scheme proposed and