Agenda item
231390 - LAND TO THE SOUTH OF PETERSTOW GAS COMPRESSOR STATION, HENTLAND, HEREFORDSHIRE
Installation of an energy storage system, substation and associated works.
Decision:
Application approved in accordance with the case officer’s recommendation.
Minutes:
Councillor Dave Davies left the committee to act as the adjoining ward member for the following application.
The Principal Planning Officer minerals and waste provided a presentation on the application and the updates/representations received following the publication of the agenda.
In accordance with the criteria for public speaking Mr Roe spoke on behalf of Peterstow Parish Council, Mr Wheeler, local resident, spoke in objection to the application and Mr Turner, the applicant, spoke in support.
In accordance with the Council’s constitution the local ward member spoke on the application. In summary, she explained that she was speaking on behalf of local residents and Peterstow Parish who opposed the application. The parish council had considered the application and had determined that the development was not in a suitable location. It was noted that the landscape officer had made an objection to the application which remained unresolved. The impact of the application on the landscape was contrary to core strategy policies SS7, LD 1, LD2 and paragraph 187 of the NPPF. The location of the site was in a steep field and significant earth moving would be required. This would result in significant change to the character of the area. The development represented a major and adverse impact on the landscape and the local right of way. The application proposed the use of grade 2 agricultural land. This would result in the loss of arable land and was therefore contrary to core strategy policy SS7 and paragraph 174 B of the NPPF. The battery storage site would be located next to a gas line; this was hazardous and posed significant safety risks. It was noted that there were water tanks on site in case of fire but these would only discharge water flow for two hours; there was concern that there would be insufficient capacity to address larger fires. The Environment Agency provide advice that such proposals should not be situated near to rivers however the application site was close to local water courses which fed the River Wye. The application was contrary to the neighbourhood development plan policies PTS 1, 2, 3 and 17. It was contended that the application was not in the right place, represented a loss of farmland, contributed to the industrialisation of the area and therefore posed an adverse impact on the landscape.
In accordance with the Council’s constitution the adjoining local ward member spoke on the application. In summary, he explained that the importance of the application to contribute towards energy storage and renewable energy was acknowledged however it was questioned whether the application was in the right location due to the loss of farmland and the impact on the landscape.
The committee debated the application. There was division among the members of the committee. Some members of the committee supported the application as an important element of the local electricity infrastructure and did not consider the impact of the development upon the landscape to be adverse. Other members of the committee considered the impact of development upon the local landscape to be unacceptable and that more suitable locations for the development existed within the county.
The Development Manager Service Manager explained that guidance from the chief fire officer had been followed in assessing the suitability of the fire precautions on site and the fire service had been consulted during the application. The water held on site would be used to treat thermal runaway and the drainage system proposed would contain the water avoiding it's discharge into local water courses. There was a need within Herefordshire for additional energy capacity and the development would provide energy security.
The local ward member was given the opportunity to close the debate. She explained that there was a conflict between the benefits contained in the application and the impact it posed to the landscape. It was commented that due regard should be paid to the neighbourhood development plan; this application was contrary to policies within that NDP. The objection from the landscape officer to the impact of the development on the landscape was unresolved and there remained concerns regarding drainage and the safety of the site.
Councillor Bruce Baker proposed and Councillor Peter Hamblin seconded a motion that the application be approved in accordance with the case officer's recommendation.
The motion was put to the vote and was carried by a simple majority.
RESOLVED –
That planning permission be granted subject to the following conditions and any other further conditions considered necessary by officers named in the scheme of delegation to officers:
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Time limit for commencement (full permission)
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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.
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Approved Plans
The development shall be carried out strictly in accordance with the approved plans and drawings as stated below:
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, Policy PTS17 of the Peterstow Neighbourhood Development Plan and the National Planning Policy Framework.
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Decommissioning should use cease
In the event the development ceases to export electricity to the grid for a continuous period of 12 months, a scheme of restoration for the removal of the Battery Energy Storage Facility and any associated equipment, shall be submitted to and approved in writing by the local planning authority within 3 months from the end of the 12-month period. The restoration scheme shall include details of the retention of any approved boundary treatment(s) and planting. The approved scheme of restoration shall then be fully implemented within 6 months of written approval being given.
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, Policy PTS2 of the Peterstow Neighbourhood Development Plan and the National Planning Policy Framework.
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Pre-Commencement Conditions |
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Construction Traffic Management Plan
Prior to the commencement of any development on site, a detailed Construction Traffic Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include the following:
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, Policy PST10 of the Peterstow Neighbourhood Development Plan and the National Planning Policy Framework.
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Construction Environmental Management Plan
Before any work; including site clearance or demolition begin or equipment and materials are moved on to site, a Construction Environmental Management Plan (CEMP) including a fully detailed and specified Ecological Working Method Statement and details of an appointed Ecological Clerk of Works, a section on works near the watercourse should include but not limited to detailed ecological working methods and consideration of all environmental effects, including biosecurity and direct water quality protection measures for all operations shall be supplied to the local planning authority for written approval. 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 and Policy PTS3 of the Peterstow Neighbourhood Development Plan.
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Earthing report
Before any work, including site clearance begin or equipment brought onto the site, a risk assessment/earthing report shall be submitted to and approved by the Local Authority, in consultation with national gas transmission. The report shall examine the effects of the earthworks, touch and step voltage, dc fault current and transfer potentials that the nearby pipeline may be exposed to, in normal operations and in the event of a fault.
Reason: To prevent damage or an impact to the nearby High Pressure Gas Line and to conform to Polices SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework
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With the exception of site clearance and groundworks
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Detailed Battery Safety Management Plan
With the exception of site clearance and groundwork, no further development shall take place until a Detailed Battery Safety Management Plan which builds upon the Outline Battery Safety Management Plan has been submitted to and approved in writing by the Local Planning Authority. The Plan shall include but not be limited to the following:
emergency operations;
The development shall be implemented in accordance with the approved details and shall be maintained as such thereafter.
Reason: In the interest of fire safety and to conform to Polices SD1 and SD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.
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Landscaping Scheme
With the exception of site clearance and groundworks, no further development shall take place until a landscape scheme is submitted to and approved in writing by the Local Planning Authority. The scheme shall include a scaled plan identifying:
a. All proposed planting, accompanied by a written specification setting out; species, size, quantity, density with cultivation details.
b. All proposed hardstanding, boundary treatment and access gates.
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 , Policy PTS3 of the Peterstow Neighbourhood Development Plan and the National Planning Policy Framework,
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Before Development is brought into use
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Biodiversity Net Gain and Maintenance Plan
Before the development is first brought into use, a schedule of landscape maintenance based on the Biodiversity Metric that includes full details and specifications for biodiversity net gain habitat enhancements, planted species, and management for a period of 10 years shall be submitted to and approved in writing by the local planning authority.
The approved enhancements shall be implemented in full with all new planting completed within 2 planting seasons and hereafter maintained as approved unless otherwise agreed in writing with the local planning authority.
Reason: To ensure that all protected species are considered and habitats enhanced 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 and Countryside Act 1981, National Planning Policy Framework, NERC Act (2006), Herefordshire Local Plan - Core Strategy (2015) policies SS1, SS6 LD1, LD2 and LD3 and Policy PTS3 of the Peterstow Neighbourhood Development Plan
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Drainage Scheme Verification
Prior to the first use of the development hereby approved, a Drainage Verification Report, pertaining to the SuDS details shown and illustrated on approved plan SUDS Design, number SO-415-14 (dated 27 April 2023) and the details within the Flood Surface Water Management Plan, as outlined within the Addendum dated 4/12/2024 (prepared by Corylus), shall be prepared by a suitably competent person, and submitted to the Local Planning Authority for approval. The report shall demonstrate that the drainage system has been constructed in consistent with that which was approved. The report shall contain information and evidence (including photographs) of the details and location of inlets, outlets and control structures; full as built plans; and a management and maintenance schedule for the lifetime of the development.
Reason: In the interests of the visual amenity of the area; To ensure the development is served by satisfactory arrangements for the disposal of surface water and to ensure risks to nearby water course and ecological systems are minimised the and to comply with Policy SD3 and LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.
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External lighting
Prior to first beneficial use of the Battery Energy Storage System hereby approved an external lighting scheme shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented on site prior to first beneficial use of the development, and retained as such thereafter.
Reason: In the interest of visual amenity and to safeguard local amenities in accordance with Policies LD1 and SD1 of the Herefordshire Local Plan – Core Strategy, Policy PTS9 of the Peterstow Group Neighbourhood Development Plan and the National Planning Policy Framework.
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Compliance |
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Ecological Protection (including Protected Species)
The recommendations in the Great Crested Newt Reasonable Avoidance Measures by Aurochs Ecology dated 28/02/24, the Badger working method by Aurochs Ecology dated 07/03/24, and the PEA by Midland Ecology dated August 2022 in respect of ecological interests on the site, biodiversity net gain and habitat enhancement recommendations, including mitigation-compensation measures and requirement for any relevant protected species licences from Natural England, shall be implemented in full and hereafter maintained as approved 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 Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife and Countryside Act 1981,), National Planning Policy Framework (2021), NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD1, LD2 and LD3 and the council’s declared Climate Change & Ecological Emergency.
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Working Hours of construction
The hours during which construction work may take place shall be restricted to 0700 to 1900 Mondays to Fridays and 0800 to 1300 on Saturdays. There shall be no such working on Sundays, Bank or Public Holidays.
Reason: To safeguard the amenities of the locality and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.
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INFORMATIVES:
The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition “(the biodiversity gain condition”) that development may not begin unless:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be Herefordshire Council.
There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. These are listed below.
Based on the information available this permission is considered to be one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements listed below are considered to apply.
Statutory exemptions and transitional arrangements in respect of the biodiversity gain condition.
1. The application for planning permission was made before 12 February 2024.
2. The planning permission relates to development to which section 73A of the Town and Country Planning Act 1990 (planning permission for development already carried out) applies.
3. The planning permission was granted on an application made under section 73 of the Town and Country Planning Act 1990 and
(i)the original planning permission to which the section 73 planning permission relates* was granted before 12 February 2024; or
(ii)the application for the original planning permission* to which the section 73 planning permission relates was made before 12 February 2024.
4. The permission which has been granted is for development which is exempt being:
4.1 Development which is not ‘major development’ (within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015) where:
i) the application for planning permission was made before 2 April 2024;
ii) planning permission is granted which has effect before 2 April 2024; or
iii) planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 where the original permission to which the section 73 permission relates* was exempt by virtue of (i) or (ii).
4.2 Development below the de minimis threshold, meaning development which:
i) does not impact an onsite priority habitat (a habitat specified in a list published under section 41 of the Natural Environment and Rural Communities Act 2006); and
ii) impacts less than 25 square metres of onsite habitat that has biodiversity value greater than zero and less than 5 metres in length of onsite linear habitat (as defined in the statutory metric).
4.3 Development which is subject of a householder application within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015. A “householder application” means an application for planning permission for development for an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse which is not an application for change of use or an application to change the number of dwellings in a building.
4.4 Development of a biodiversity gain site, meaning development which is undertaken solely or mainly for the purpose of fulfilling, in whole or in part, the Biodiversity Gain Planning condition which applies in relation to another development, (no account is to be taken of any facility for the public to access or to use the site for educational or recreational purposes, if that access or use is permitted without the payment of a fee).
4.5 Self and Custom Build Development, meaning development which:
i) consists of no more than 9 dwellings;
ii) is carried out on a site which has an area no larger than 0.5 hectares; and
iii) consists exclusively of dwellings which are self-build or custom housebuilding (as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015).
4.6 Development forming part of, or ancillary to, the high speed railway transport network (High Speed 2) comprising connections between all or any of the places or parts of the transport network specified in section 1(2) of the High Speed Rail (Preparation) Act 2013.
Irreplaceable habitat
If the onsite habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans.
The Biodiversity Gain Plan must include, in addition to information about steps taken or to be taken to minimise any adverse effect of the development on the habitat, information on arrangements for compensation for any impact the development has on the biodiversity of the irreplaceable habitat.
The planning authority can only approve a Biodiversity Gain Plan if satisfied that the adverse effect of the development on the biodiversity of the irreplaceable habitat is minimised and appropriate arrangements have been made for the purpose of compensating for any impact which do not include the use of biodiversity credits.
The effect of section 73D of the Town and Country Planning Act 1990
If planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 (application to develop land without compliance with conditions previously attached) and a Biodiversity Gain Plan was approved in relation to the previous planning permission (“the earlier Biodiversity Gain Plan”) there are circumstances when the earlier Biodiversity Gain Plan is regarded as approved for the purpose of discharging the biodiversity gain condition subject to which the section 73 planning permission is granted.
Those circumstances are that the conditions subject to which the section 73 permission is granted:
i) do not affect the post-development value of the onsite habitat as specified in the earlier Biodiversity Gain Plan, and
ii) in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat the conditions do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier Biodiversity Gain Plan.
Additional Informatives:
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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.
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The Authority would advise the applicant (and their contractors) that they have a legal Duty of Care as regards wildlife protection. The majority of UK wildlife is subject to some level of legal protection through the Wildlife & Countryside Act (1981 as amended) and the Habitats and Species Regulations (2019 as amended), with enhanced protection for special “Higher Status Protected Species” such as all Bat species, Great Crested Newts, Otters, Dormice, Crayfish and reptile species that are present and widespread across the County. All nesting birds are legally protected from disturbance at any time of the year. Care should be taken to plan work and at all times of the year undertake the necessary precautionary checks and develop relevant working methods prior to work commencing. If in any doubt it advised that advice from a local professional ecology consultant is obtained. If any protected species or other wildlife is found or disturbed during works then all works should stop and the site made safe until professional ecology advice and any required ‘licences’ have been obtained. Any additional lighting should fully respect locally dark landscapes and associated public amenity and nature conservation interests.
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It is an offence under Section 148 of the Highways Act 1980 to allow mud or other debris to be transmitted onto the public highway. The attention of the applicant is drawn to the need to keep the highway free from any mud or other material emanating from the application site or any works pertaining thereto.
In relation to condition , the limits are set within BS EN 50121-1 which is the railway standard and sets the safe limits for non-electrically trained personnel, as well as NGT specifications ECP1 and ECP2. If you need contact the National Gas Transmission Asset Protection Team regarding the requirements of the condition please email Box.AssetProtection@NationalGas.com or phone :0800 970 7000. |
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There was an adjournment at 11:00 a.m.; the meeting reconvened at 11:13 a.m.
Councillor Dave Davies resumed his seat on the committee.
Supporting documents:
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231390 - LAND TO THE SOUTH OF PETERSTOW GAS COMPRESSOR STATION, HENTLAND, HEREFORDSHIRE, item 52.
PDF 1 MB -
231390 - Committee Update, item 52.
PDF 220 KB
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231390 - Committee Update - Appendix 1, item 52.
PDF 479 KB