Agenda item

213963 - LAND TO THE WEST OF CLAY HILL PIT, DORMINGTON, HEREFORDSHIRE, HR1 4EP

Meeting of Planning and Regulatory Committee, Tuesday 24 May 2022 10.00 am (Item 6.)

Proposed installation of a photovoltaic solar farm with associated infrastructure including inverters/transformers, battery storage and substation with client and DNO switching equipment with underground connection to the adjacent Dormington substation.

Decision:

The application was approved with an amendment to the Case Officer’s recommendation.

Minutes:

(Councillors Paul Andrews and John Hardwick left the committee to act as local ward members for the next application.)

The principal planning officer gave a presentation on the application and the updates/representations received following the publication of the agenda as provided in the update sheets and appended to these minutes.

In accordance with the criteria for public speaking Ms Cotton, spoke on behalf of Dormington and Mordiford Group Parish Council, Mr Williams, local resident, spoke in objection to the application and Mr Hall, applicant, spoke in support of the application.

In accordance with the council's constitution the local ward members spoke on the application. The local ward member for the Backbury ward explained the central issue concerning the application was the impact of the development on the Landscape and whether the proposed planting and landscaping was adequate to mitigate the impact. The application presented benefits in terms of power generation and biodiversity with the reduction in phosphates in the Frome Valley. The local ward member for the Hagley ward explained that the visual impact of the development was a concern. The planting scheme and landscaping which would mitigate the impact of the development must be implemented in accordance with the conditions. It was noted that the Bartestree and Lugwardine Parish Council had not objected to the application. The development would be located on grade 3 agricultural land which was prone to flooding; the application would remove phosphate pollution from the land. The application was an important contribution to the expansion of green energy and the need to reduce carbon. The committee discussed the application.

The committee discussed the application.

Councillor Polly Andrews proposed and Councillor Elizabeth Foxton seconded a motion that the application be approved consistent with the case officers recommendation.

The committee raised a change to condition 6 to require ongoing monitoring of the impact of the development on wild birds.

The committee further raised the inclusion of an informative to encourage the applicant to undertake ongoing engagement with the local Parish Councils.

The lead development manager provided clarification and explained that the inclusion of the following wording in the recommendation, to provide a delegation to officers, would allow those changes sought by the committee to be implemented: ' and any other further conditions considered necessary by officers named in the scheme of delegation to officers.'

The inclusion of the wording 'and any other further conditions considered necessary by officers named in the scheme of delegation to officers' in the recommendation was confirmed as acceptable by proposer and seconder.

The local members closed the debate.

The motion to approve the application assistance with the case officers recommendation and including the addition of the wording 'and any other further conditions considered necessary by officers named in the scheme of delegation to officers' was put to the vote and was carried.

RESOLVED – that:

That planning permission be granted subject to the following conditions, the varied condition above and any other further conditions considered necessary by officers named in the scheme of delegation to officers:

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

The permission hereby granted shall be for a temporary period only, and shall expire 35 years from the date when electrical power is first exported from the solar farm to the electricity grid network, excluding electricity exported during initial testing and commissioning. Written confirmation of the first export date shall be provided to the Local Planning Authority no later than one calendar month after the event.

Reason: To limit the long term effects of the development and in recognition of the temporary lifespan of the structures, in accordance with Policies SS1, SS6 and SS7 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

If the solar farm hereby permitted ceases to operate for a continuous period of 12 months, then a scheme for the decommissioning and removal of the solar farm and all ancillary equipment shall be submitted to the Local Planning Authority for its written approval. The scheme shall make provision for the removal of the solar panels and associated above ground works approved under this permission. The scheme shall make provision for the re-use and materials recovery of all complements where possible. The scheme shall also include management and timing of all works and a traffic management plan to address likely traffic impact issues during the decommissioning period, and environmental management plan to include details of measures to be taken during the decommissioning period of protect wildlife and habitats, and details of site restoration measures. The approved scheme shall be implemented in full accordance with the approved details

Reason: To ensure a satisfactory form of development, avoid any eyesore from redundant plant, prevent pollution, and safeguard the environment when the materials reach their end of life, in accordance with Policies SD1 and SD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Within 6 months of the cessation of the export of electrical power from the site, or within a period of 34 years and 6 months following the first export date, a decommissioning and site restoration scheme for the solar farm and its ancillary equipment shall be submitted for the written approval of the Local Planning Authority. The scheme shall make provision for the removal and re-use of the solar panels and all other associated equipment and the subsequent restoration of the site. The scheme shall include details of the management and timing of all works and a traffic management plan to address likely traffic impact issues during the decommissioning period, and environmental management plan to include details of measures to be taken during the decommissioning period of protect wildlife and habitats, and details of site restoration measures. The approved scheme shall be implemented in full accordance with the approved details.

The development hereby permitted shall be carried out strictly in accordance with the approved plans, except where otherwise stipulated by conditions attached to this permission.

• Site Location Plan 3900-REP-038

• Planning Drawing 2 Site Layout -3900-REP-039

• Planning Drawing 3 Landscape Mitigation Plan – 3900_DR_LAN_101 Rev 8

• Planning Drawing 4 Typical PV Panel Section – 3900_DR_P_0002

• Planning Drawing 5 Inverter Elevations and Dimensions – 3900_DR_0003

• Planning Drawing 6 20ft Battery Container – 3900_DR-P_0004

• Planning Drawing 7 40ft Inverter Elevations -3900_DR_P_0005

• Planning Drawing 8 Deer Fencing - 3900_DR_P_0006

• Planning Drawing 9 Deer Fencing with Mammal Gates - 3900_DR_P_0007

• Planning Drawing 10 Palisade Fencing 3900_DR_P_0008

• Planning Drawing 11 Stock Fence & CCTV Elevations - 3900_DR_P_0009

• Planning Drawing 12 CCTV & Light Post Detail 3900_DR_P_0010

• Planning Drawing 13 Access Track - 3900_DR_P_0011

• Planning Drawing 14 Access Track Above Ground -3900_DR_P_0012

• Planning Drawing 15 DNO Track – 4m - 3900_DR_P_0013

• Planning Drawing 16 - Switchgear Housing – 3900_DR_P_0014

• Planning Drawing 17 - 66kVa Looped Circuit (underground) – 3900_DR_P-0015

• Planning Drawing 18 - Cable Trench Cross Section – 3900_DR_P_0016

Reason. To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Pre-commencement conditions

Before any work approved under this permission commences, a Construction Environmental Management Plan (CEMP) including a full Ecological Working Method Statement and a specified ‘responsible person’, shall be supplied to the local planning authority for written approval. The CEMP should include a plan identifying ecological buffers which should be demarcated on site and not entered except under the supervision of the Ecological Clerk of Works. The approved CEMP shall be implemented and remain in place until all work is complete on site and all equipment and spare materials have finally been removed; unless otherwise agreed in writing by the local planning authority.

Reason: To ensure that all species are protected and habitats enhanced having regard to the Wildlife and Countryside Act 1981, Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework , NERC Act (2006), Herefordshire Local Plan - Core Strategy policies LD1, LD2 and LD3.

Development shall not begin until details and location of the following have been submitted to and approved in writing by the local planning authority, and which shall be operated and maintained during construction of the development hereby approved:

- A method for ensuring mud is not deposited onto the Public Highway

- Construction traffic access location

- Parking for site operatives

- Construction Traffic Management Plan

The development shall be carried out in accordance with the approved details for the duration of the construction of the development.

Reason: In the interests of highway safety and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Before any other works hereby approved are commenced, visibility splays, and any associated set back splays at 45 degree angles shall be provided from a point 0.6 metres above ground level at the centre of the access to the application site and 2.4 metres back from the nearside edge of the adjoining carriageway (measured perpendicularly) for a distance of 215 metres in each direction along the nearside edge of the adjoining carriageway. Nothing shall be planted, erected and/or allowed to grow on the triangular area of land so formed which would obstruct the visibility described above.

Reason: In the interests of highway safety and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works has been submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented before the first use of the development hereby approved and maintained for the lifetime of the development.

Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal and to comply with Policy SD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Prior to the development hereby approved first becoming operational, details of the proposed mitigation outlined within the Noise Impact Assessment by inacoustic dated 28th April 2022 in relation to the installation of a fan outlet to the two most south-westerly inverters shall be submitted to and approved by the Local Planning Authority. The details approved shall be installed prior to the first operation of the development and shall remain operational for the life time of the development.

Reason: To safeguard the amenity of neighbouring residential properties and to conform to the requirements of Policy ST1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

No development approved by this permission shall be commenced until a landscape scheme has been submitted to and approved in writing by the local planning authority. The scheme shall include a scaled plan identifying:

a) Trees and hedgerow to be retained, setting out measures for their protection during construction, in accordance with BS5837:2012.

b) Trees and hedgerow to be removed.

c) Full details of all proposed planting, accompanied by a written specification setting out; species, size, quantity, density with cultivation and irrigation details.

The scheme as approved shall be completed in full not later than the end of the first planting season following the commencement of the development on site hereby permitted.

Reason: To safeguard and enhance the character and amenity of the area in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework.

Compliance conditions

Before the development is first brought into use, a Landscape Management and Maintenance Plan for a period of 10 years shall be submitted to and approved in writing by the local planning authority. The plan shall incorporate both biodiversity and landscape requirements for establishment and care of the land. The plan approved shall be carried out in full accordance with this approved schedule.

Reason: To ensure the future establishment of the approved scheme, in order to conform to policies SS6, LD1 and LD3 of the Herefordshire Local Plan Core Strategy and the National Planning Policy Framework.

Prior to development hereby approved first becoming operational a detailed Training and Educational Plan shall be submitted to and approved in writing by the Local Planning Authority. The aim of the plan will be to promote training and educational opportunities in connection with renewable energy for local people and provide social benefits to the local community. The plan shall set out opportunities and measures for educational benefit in connection with local schools, colleges and universities. The development shall be carried out in accordance with the agreed plan and any amendments to the plan shall be agreed in writing by the Local Planning Authority.

Reason: In the interest of promoting social benefits in association with the approved development in accordance with policy SS1 of the Herefordshire Local Plan Core Strategy and the National Planning Policy Framework.

Within 3 months of completion of the approved works evidence of the suitably placed installation within the site boundary of at least 15 bird nesting boxes for a site appropriate range of bird species 5 number Bat roosting features; 12 mammal gates in security fences; one Hedgehog home; four Insect hotels; Reptile Refugia; Amphibian Refugia;} should be supplied to the local authority; and shall be maintained hereafter as approved unless otherwise agreed in writing by the local planning authority.

Reasons: To ensure Biodiversity Net Gain and species and habitats enhancement having regard to the Wildlife and Countryside Act 1981, Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework, NERC Act (2006), Herefordshire Local Plan - Core Strategy policies LD1, LD2 and LD3.

Other conditions

At no time shall any external lighting except low power, ‘warm’ LED lighting in directional downlighters on motion operated and time-limited switches, required in relation to the immediate safe use of the approved development, be installed or operated in association with the approved development and no permanently illuminated external lighting shall be operated at any time, without the written approval of this local planning authority. All lighting installed shall demonstrate compliance with latest best practice guidance relating to lighting and protected species-wildlife available from the Institution of Lighting Professionals.

Reason: To ensure that all species and local intrinsically dark landscape are protected having regard to The Conservation of Habitats and Species Regulations 2017, as amended by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife & Countryside Act (1981 amended); National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD1-3.

Any new access gates/doors shall be set back 10 metres from the adjoining carriageway edge and shall be made to open inwards only.

Reason: In the interests of highway safety and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

The ecological protection, mitigation, compensation and working methods scheme including the Biodiversity Enhancements, as recommended in the Ecological Impact Assessment (EIA) by Arcus in August 2021, and the Biodiversity Enhancement Management Plan (BEMP) by Arcus in March 2022 and the recommendations of the confidential Badger Report by Arcus 2021 shall be implemented and hereafter maintained in full as stated unless otherwise approved in writing by the local planning authority.

Reason: To ensure that all species are protected and habitats enhanced having regard to the Wildlife and Countryside Act 1981, Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework, NERC Act (2006), Herefordshire Local Plan - Core Strategy policy LD2.

INFORMATIVES:

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations. It has subsequently determined to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

Any surface water discharge into any watercourses in, on, under or near the site requires consent from the Local Drainage Board.

(There was an adjournment at 11:13 a.m.; the meeting reconvened at 11:27 a.m.)

(Councillors Paul Andrews and John Hardwick resumed their seats on the committee.)

Supporting documents: