SITE AT HOPLASS FARM, RHOSCROWTHER, PEMBROKE SECTION 78(1) TOWN & COUNTRY PLANNING ACT 1990, AS AMENDED APPEAL TO THE PLANNING INSPECTORATE AGAINST THE FAILURE OF PEMBROKESHIRE COUNTY COUNCIL TO DETERMINATION AN APPLICATION FOR FOR THE INSTALLATION OF PHOTOVOLTAIC SOLAR PANELS AND ATTENDANT INFRASTRUCURE STATEMENT OF CASE ON BEHALF OF KS SPV18 Ltd APPEAL BY HEARING laurence associates Appeal on behalf of planning/architecture/landscape KS SPV18 Ltd CONTENTS 1. Documents to be produced 2. Appeal References 3. Location and Description of the Appeal Site 4. Planning History of the Appeal Site 5. Details of the Appeal Application 6. Planning Policies 7. Grounds of Appeal 8. Conclusions 1 laurence associates Appeal on behalf of planning/architecture/landscape KS SPV18 Ltd 1. DOCUMENTS TO BE PRODUCED RM.1 Location map. RM.2 Extracts from Pembrokeshire Local Plan 2013. RM.3 Screening opinion from the Welsh Government dated 18th November 2013 RM.4 Committee Report RM.5 Analysis of Solar Farm Proposals RM.6 Pembrokeshire Coast National Park Authority – Supplementary Planning Guidance on Renewable Energy RM.7 Figure 33 of the Landscape and Visual Impact Assessment, submitted as part of the subject application, showing viewpoints RM.8 Photograph taken by the LPA’s planning officer 2 laurence associates Appeal on behalf of planning/architecture/landscape KS SPV18 Ltd 2. APPEAL REFERENCES Planning Inspectorate - APP/N6845/A/13/2204281 Pembrokeshire County Council - 12/1000/PA Laurence Associates - 12164 3 laurence associates Appeal on behalf of planning/architecture/landscape KS SPV18 Ltd 3. LOCATION AND DESCRIPTION OF THE APPEAL SITE 3.1 Hoplass Farm is located approximately 1.5km to the south of a large oil refinery and the small hamlet of Rhoscrowther. 3.2 Access to the site is via an unmade farm access track from the minor road which runs east to west from Wallaston Cross to Rhoscrowther along the northern boundary of the north-western and north-eastern fields. 3.3 The topographical arrangement of the Site is as follows: • There is an overall range in height of 22.7m falling from the highest part of the site mid-way along the east boundary of the North-East Field at 61.2m AOD, to the lowest part of the site along the southern boundary of the south-eastern field at 38.5m AOD. • The ridgeline of the site runs east to west across the centre of the North-East and North-West Fields and fluctuates between 61.2m AOD and 60.3m AOD. • The gradient varies with the northern section forming the ridgeline of a low elevated spur near the eastern head of a shallow valley flowing west to Angle Bay. The gradients on the northern boundary just slope to the north, but predominantly, the topography slopes very gently to the south across the north- western and north-eastern fields. The gradient increases southwards across the remaining four fields to a further shallow valley which also flows west to Angle Bay, where it terminates in an area of marshland at the eastern fringe of the Bay. 3.4 The existing boundary and field dividing hedgerows vary in quality, but are generally well maintained and dense. They are predominantly earth and stone banks with hedgerows on top and are approximately 2-2.5m high. The dominant species is Blackthorn with some Hawthorn, Elder, Honeysuckle and Rose species. In the wetter areas 4 laurence associates Appeal on behalf of planning/architecture/landscape KS SPV18 Ltd bordering the drainage ditches in the south-eastern and south-western fields there are blocks of scrubby Willow, giving greater height, up to approximately 3.5 to 4m. The western hedgerow of the north-western field adjacent to the entrance track is fairly low with sparser vegetation allowing views across the site from the track. 3.5 There are very few trees on the site. There is a short section of Elm in the hedgerow between Hoplass Farmhouse garden and the south- western field and a further section of Elm in the southern corner of the south-eastern field bordering the stream and ponds, with some willow scrub in the south-eastern corner of the south-eastern field. 3.6 The principal landscape features consist of the earth and stone hedge boundaries, with associated hedgerow vegetation on top and a limited number of small hedgerow trees. These provide a robust screen of the site from many areas. The hedgerow trees, although not very tall or prominent, do contribute to the rural character of the landscape and provide connectivity with the surrounding hedgerow trees via the connecting earth and stone hedgebanks and streams and wet ditches. The hedges help to reinforce the landscape pattern of farmland. In their current state they also provide valuable habitat reserves and corridors for wildlife movement across the area. There are a number of wet drainage ditches, particularly along the inside of the north, east and south boundaries of the east field and a section in the south-west field. These connect with a small stream and series of ponds, one of which forms the southern boundary of the south-west field. A copy of the location plan submitted with the subject application is attached at RM.1. 3.7 There are a number of settlements in the locality. The largest include Pembroke Dock (4.5km to the east), Pembroke (6.5km to the east) and Milford Haven (4.8km to the north across the Milford Haven Estuary). Other smaller settlements include the villages of Angle (6km to the west), Castlemartin (2.5km to the south), St. Twynnells (4.2km 5 laurence associates Appeal on behalf of planning/architecture/landscape KS SPV18 Ltd to the southeast) and Hundleton (4km to the east). No settlements are visible from the site. 3.8 A detailed analysis of the site and its surroundings are contained in the Landscape and Visual Impact Assessment (LVIA) that accompanied the application and has already been produced as part of the initial appeal documentation. 6 laurence associates Appeal on behalf of planning/architecture/landscape KS SPV18 Ltd 4. PLANNING HISTORY OF THE APPEAL SITE 4.1 There is no planning history of direct relevance to the appeal proposal within the appeal site itself; however an application for a solar PV development was submitted and subsequently refused on land at Wogaston Farm (ref: 12/0906/PA), which lies to the southwest of the appeal site. It is understood that the decision to refuse the scheme at Wogaston Farm is also the subject of an appeal. 7 laurence associates Appeal on behalf of planning/architecture/landscape KS SPV18 Ltd 5. DETAILS OF THE APPEAL APPLICATION 5.1 The appeal application was validated by the LPA on the 25 January 2013 and was, therefore, due for a decision on the 26 April 2013. The Local Planning Authority failed to issue a decision notice within the prescribed period and the applicant has therefore exercised its right of appeal against non-determination. The application was placed before the planning committee on the 1 October to seek a resolution as to whether the LPA would support the proposal in its original submitted form. Members agreed with the officer’s recommendation that, had they retained jurisdiction over the proposal, they would have refused the application for the following reason. “The proposed development by reason of its location, siting and scale, would represent a visually incongruous and intrusive feature that would be harmful to both the landscape and landscape character of the area, including the setting of the Pembrokeshire Coast National Park. Thus the scheme would be contrary to Policies GN.1 and GN.4 of the Local Development Plan for Pembrokeshire.” 5.2 The proposed development will incorporate the following elements • Solar PV panels mounted on a steel frame with a pile driven foundation (maximum height 2.146m); • A centre station located by the western boundary of the eastern field, which will comprise the following components. A transformer 2.85m high x 1.5m x 1.5m, a switch gear 2.85m high x 4.13m x 2.5m and a WPD cabinet with an overall size of 3.1m high x 6.68m x 5.33m; • Boundary fencing (2.03m high) of a weld mesh type, painted green, enclosing the site; • All-weather access route and circulation route for 8 laurence associates Appeal on behalf of planning/architecture/landscape KS SPV18 Ltd maintenance works; surface to be installed with loose aggregate approximately 3.5m wide, these will be allowed to naturally grass over; • Seven Inverter stations are proposed, each of which will consist of one transformer and two inverter cabinets, 2.66m high x 3.18m x 1.29m. These are to be placed on a concrete slab and will be painted green. 5.3 The proposed general arrangement of the solar PV panels will consist of rows of mounting structures making up the modules (or p.v panels) and the supporting impact beams. The mounting structure design for this site is composed of 2 rows of modules angled at 20 degrees with the front lower edge of the panel set 0.80m above ground level and the rear edge set at 2.04m above ground level, although the nature of the land will result in minor variations to these dimensions. The panels are 1.64m long and the overall dimension from the front, lower edge to the top edge is 3.30m allowing for a small gap between the 2 panels. 5.4 In terms of further landscape mitigation it is envisaged that the height of the existing hedgerow will be allowed to increase to approximately 4-5m.