Planning Development Control Committee - 15 July 2014 Report Item 3 Application No: 14/00361/FULL Full Application Site: Land At Durley Farm, Pound Lane, Colbury, SO40 7EJ Proposal: Construction of a 6.7 hectare solar farm, to include the installation of solar panels to generate electricity, with associated plant buildings; perimeter fencing; cctv cameras; landscaping and associated works Applicant: Hive Energy Limited Case Officer: Rob Ainslie Parish: DENNY LODGE 1. REASON FOR COMMITTEE CONSIDERATION Application of local significance and Parish Council views awaited. 2. DEVELOPMENT PLAN DESIGNATION No specific designation 3. PRINCIPAL DEVELOPMENT PLAN POLICIES DP1 General Development Principles CP1 Nature Conservation Sites of International Importance CP2 The Natural Environment CP4 Climate Change CP5 Renewable Energy CP6 Pollution CP7 The Built Environment 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 6. MEMBER COMMENTS None received 1 7. PARISH COUNCIL COMMENTS Denny Lodge Parish Council: No comments received yet Totton & Eling Town Council: No comments received yet Ashurst & Colbury Parish Council: No comments received yet. 8. CONSULTEES 8.1 Landscape Officer: Raise objection • Concerns lie mainly with the topography of the site and the capacity of the land to take solar panels and the boundary fenci ng (and possibly CCTV) which will have a high level of visual impact due to the rising and falling of the land. • Fence panels would have to 'step' up and down to accommodate the changes in levels. Solar panels would rise and fall with the land too and be more visible from outside the site than if on the flat. • Ancient Woodland is adjacent to the site and it would be important not to compact soils in the vicinity or damage the woodland with access for large vehicles. 8.2 Ecologist: Support Subject to Conditions 8.3 Tree Officer: Concern raised about possible shading of arrays leading to threat to long term protection of central belt of trees: Awaiting further information/shading diagram from Applicant's agent. 8.4 Development Control (NFDC): No comments received 8.5 Environmental Protection (NFDC): No objection subject to condition 8.6 Highway Authority (HCC): No objection 8.7 Access Development Officer (HCC): No comments received 8.8 Natural England: No comments received 8.9 National Grid: No comments received 9. REPRESENTATIONS 9.1 New Forest Association: Strenuously object to the application. • Attitude to Photovoltaic arrays has changed since Planning Application 96086 in 2011. Realisation that ongoing subsidy is not sustainable and implications for visual amenity and wildlife have been understated. 2 • Association asks the National Park to accept the Government’s position has changed and recent comments make it clear the Government intends to take support payments away from unpopular large solar farms. • Instead support for panels on supermarket roofs, schools and businesses where they do not create visual blight. • Any suggestion in the Planning report that this application is of benefit to the nation would be erroneous and misleading. • Land ownership a consideration in that where the proportion of land used is small, an argument of insignificant reuse may have some validity. This is not the case here as extent of land ownership is not known. • Farm has always been used by a practising commoner from a commoning family. It enjoys the rights of common pasture and mast. Not untypical of a commoners holding, land being underutilised to a degree and otherwise being grazed for hay. Precise extent of Durley Farm not known, but likely that the installation will occupy a large proportion of it and the risk exists that one of the 100 or so smallholdings on which commoning depends will be lost. • Fencing will be visible from A326, more so in winter, and especially from double decker buses. Unacceptable that the view into the Park is diminished by the erection of the security fence. Further, report of the Authority's landscape officer re-stated the universal truth regarding visibility in a protected landscape. • 2011 Consensus found South Hampshire Built Up area to have sixth biggest population in the UK. Difficult now not to view Totton as part of the conurbation. Now alarm that Colbury will soon join it in Southampton. • Application is contrary to the purposes of the National Park, contrary to Policy CP5 in every respect, there are no extenuating circumstances and no benefit to the local community or the nation. Association would rigorously support the Authority in any appeal. 9.2 New Forest Commoners Defence Committee: • The land involved has been used as back up land for commoning, either for making hay/silage, or for grazing livestock for many years, certainly until the end of 2013. • Authority planning policies include preservation/protection of back up land for commoning from development which would therefore not support this application. 10. RELEVANT HISTORY 10.1 Land filling with surplus spoil form Totton Western By-Pass (NFDC/MIN/89/42483) Granted by County on 6 September 1990 3 11. ASSESSMENT 11.1 This application is for a 3MW solar farm on the north eastern edge of the National Park. The proposals for the solar arrays also include associated infrastructure such as plant buildings, fencing, CCTV and additional landscaping. 11.2 The application site is made up of two fields totalling 6.7 hectares, separated by a line of hedgerow and trees which run from west to east across the site. A small agricultural field lies to the immediate north of the site with the A326 Marchwood By-Pass beyond the field. A small field lies to the west with an Ancient Woodland, known as Pritchel's Copse beyond this field. Agricultural fields and Durley Farm are located to the south and south east of the site, whilst Colbury Farm is located to the north of the site. 11.3 The topography of the site is varied. The land is at its lowest levels to the south west and rises towards the north. However the land also drops from the south in towards the hedgerow line which separates the field. The land then rises northwards to the curtilage before dropping down again towards Colbury Farm. The site therefore has an undulating nature as far as topography is concerned. 11.4 In terms of surrounding topography it is noted that the land is relatively flat to the south east of the site. The land drops down to the north with the A326 being at a lower level. The existing screening along the A326 is relatively robust and only limited filtered views are offered towards the application site. Muttonsnow Farm to the south is at a raised level and views are afforded across to the application site from the access track to this property. 11.5 The proposed panels would be mounted on 1.86m high frames aligned in rows facing south to capture winter and summer sun angles. The frames would be designed to allow access under and around the arrays so that livestock could graze the field. The arrays would have a finite lifespan and any consent would not run for more than 25 years. 11.6 As well as a Design and Access Statement, the application is accompanied by a series of detailed reports, including Ecology and Archaeology reports and a Landscape and Visual Impact Assessment. 11.7 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 impact of the proposals on the landscape character of the site, the surroundi ng locality and the i ntrinsic value of the 4 National Park generally; • the impact of the proposals on ecological interests; and • the wider socio-economic and environmental benefits that could accrue from the proposal 11.8 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 ensuri ng 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.' 11.9 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. 11.10 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; • the potential to mitigate landscape and visual impacts through, for example, screening with native hedges. 11.11 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.