Agenda item

241510 - LAND AT STOKE EDITH, HEREFORD, HEREFORDSHIRE

Meeting of Planning and Regulatory Committee, Friday 4 July 2025 10.00 am (Item 12.)

Proposed installation and operation of a renewable energy generation station comprising ground-mounted photovoltaic, inverter/transformer units, control room, substations, onsite grid connection equipment, site access, access gates, internal access tracks, security measures and other ancillary infrastructure.

Decision:

Application approved in accordance with the case officer’s recommendation.

Minutes:

The principal planning officer gave a presentation on the application and the updates/representations received following the publication of the agenda.

In accordance with the criteria for public speaking Mrs Fenton spoke on behalf of Weston Beggard Parish Council, Mr Breeze, local resident, spoke in objection to the application and Mr Clements, on behalf of the applicant, spoke in support.

In accordance with the council's constitution the local ward member spoke on the application. In summary, he explained there were significant local objections to the application and if approved it would contravene the neighbourhood development plan (NDP). Such a contravention of the NDP would undermine its worth and credibility. The application was recommended for approval due to the benefit to the environment but the site would have an adverse impact on the landscape. Yarkhill Parish Council and Weston Beggard Parish Council both objected to the application. The current application related to a site of almost 30 hectares. Recently a similar solar farm application had been refused on an area of 10 hectares. The application was refused as the proposal would install a number of uncharacteristic structures across the landscape. This was upheld on appeal due to the harmful impact on the landscape. The area in which the current application was proposed was already inundated with solar panels. The application did not represent the protection of the environment but rather an adverse impact on the environment and landscape.

Councillor Dave Davis left the meeting at 11:45 a.m.

The Committee debated the application. There was division among the members of the committee regarding the acceptability of the application.

It was the contention of some members that there was a need for the development to contribute towards energy security and the application site was in an ideal location with other solar farms nearby and access to National Grid infrastructure.

It was the contention of other members that the scale of the site was excessive and posed an unacceptable impact on the landscape. Furthermore, it was felt the application represented an inappropriate use of vital agricultural land required for food security.

The committee queried:

- whether conditions could be used to mitigate the impact of the development on the landscape, in particular the screening of the substation and inverter and the protection of the riverbank vegetation along the 9 metre easement to the north of the site;

- whether a noise impact assessment had been undertaken on the application; and

- whether concerns regarding the impact of the development on local heritage sites had been resolved;

- the temporary nature of the proposal and if measures were in place to ensure the development could be removed before the 40 years if it was no longer in use; and

- what assurance could be provided that the construction of the development didn’t impact upon or increase surface water flooding.

The principal planning officer provided the following clarification:

- screening and protection of riverbank vegetation could be included in the landscape strategy;

- a noise assessment hadn't been undertaken given distances to residential properties and intervening vegetation. It had been determined that a noise assessment was not required;

- the impact of the application site on local heritage assets had determined a less than substantial harm;

- in a correction to condition 13 listed in the report; the period of the required Landscape Management and Maintenance Plan required correction to a period of thirty years;

- conditions were included in the recommendation (conditions 4 and 5) to capture the cease of operation and the length of permission; and

- condition 10 of the recommendation addressed the surface water during construction and sought to ensure the construction of the development would not increase flood risk elsewhere.

The development manager pointed to an error in the report which referred to the tilted balance in favour of development being invoked. He explained that since the relevant policies of the Development Plan were not out of date, the tilted balance was not applicable. He advised that it was instead a planning balance that needed to be applied having regard to the policy tension identified and the public benefits associated with the proposal.

The local ward member was given the opportunity to close the debate. In summary, he explained that the application posed an unacceptable impact on the landscape and represented the industrialization of the local area. The application provided no benefit to the immediate local community and the application should be refused to protect a beautiful part of the county.

Councillor Bruce Baker proposed and councillor Peter Hamblin seconded a motion to approve the application in accordance with the case officer's recommendation. The motion was put to the vote and 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:

Time limit for commencement (full permission)

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.

Development in accordance with approved plans

The development shall be carried out in accordance with the deposited plans and drawings as stated below:

Location Plan C0002470_04 Rev: C
Site Layout C0002470_02 Rev: F
Block Plan C0002470_05 Rev: C
Typical Section Through Array C0002470_06 Rev: B
66kV Substation Plan & Elevations C0002470_07 Rev: A
Customer Substation Plan & Elevations C0002470_08 Rev: A
LV Substation Plans & Elevations C0002470_09 Rev: A
Typical Fence Detail C0002470_10 Rev: A

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.

Confirmation of start date

Within 1 month of the date of first export of electricity to the National Grid, confirmation shall be given in writing to the local planning authority of the first export date. The development hereby permitted shall cease on or before the expiry of a 40 year period from the date of the first export of electricity.

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.

Cease of operation

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

Length of permission

Within 6 months of the cessation of the export of electrical power from the site, or within a period of 39 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.

PRE-COMMENCEMENT CONDITIONS

Construction Environmental Management Plan

Prior to the commencement of the development hereby approved, 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.

Construction and Environmental Traffic Management Plan

Prior to commencement of the development hereby approved, a Construction Environmental and Traffic Management Plan (CETMP) shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the approved CETMP shall be implemented and operated in accordance with the approved details. The CETMP will need to be in accordance with current guidance and also incorporate the following in details;

A method for ensuring mud is not deposited onto the Public Highway
Construction traffic access location
Site compound location
Parking for site operatives
Construction Traffic Management Plan
Details of times for construction traffic and delivery vehicles
Routing of construction traffic and delivery vehicles
Measures to control the emission of dust and dirt during construction
A scheme for waste minimisation and recycling/disposing of waste resulting from the construction works
Hours of construction work and measures to control noise
Measures to control overspill of light from security lighting

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, residential amenity and environmental protection and to conform to the requirements of Policies MT1 and SD1 of the Herefordshire Local Plan – Core Strategy, Policy WB5 of the Weston Beggard Neighbourhood Development Plan and the National Planning Policy Framework.

Visibility Splays

Before any other works hereby approved are commenced, visibility splays, and any associated set back splays shall be provided in accordance with drawing 2308036-03 PO (Visibility Splays and Proposed Site Access). 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

Landscape details

Prior to the commencement of the development hereby approved, details of hard and soft landscaping (the Landscape Scheme) shall be submitted to and approved in writing by the local planning authority. The Landscape Scheme shall be in accordance with the Landscape Strategy Plan (LN-NP-07 Revision C) in Figure 7 of the Landscape and Visual Impact Assessment by Stantec dated November 2024. The Landscape Scheme shall include the following:

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

b) Details of the protection measures to be used for any existing landscape features to be retained.

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

d) A timetable for implementation.

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.

10.

Surface Water during construction

No works shall take place until a scheme to minimise the risk of offsite flooding caused by surface water run-off and groundwater during construction works and prevent pollution has been submitted to, and approved in writing by, the local planning authority. The scheme shall subsequently be implemented as approved.

Reason: To ensure that the construction of the development does not increase flood risk elsewhere and does not contribute to water pollution and to conform with policy SD3 of the Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework.

11.

Dormice

Prior to the commencement of any works that may impact dormice or their habitats, a European Protected Species (EPS) licence from Natural England must be obtained. A copy of the licence shall be submitted to the local planning authority for approval.

Reason: To ensure that all species are protected 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 & Countryside Act (1981 amended); National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD1-3; and the council’s declared Climate Change and Ecological Emergency.

12.

Flood Storage Compensation Verification

Prior to the installation of any equipment associated with the development hereby approved, the flood storage compensation, shall be carried out in accordance with the details submitted in Table 3.2 of the Hydraulic Modelling Report by SLR Consulting Limited (Ref: 402.065269.0001, dated 16 May 2025) and Figure 5 of the Technical Memorandum by SLR Consulting Limited (Ref: 402.065755.00001, dated 11 April 2025) unless otherwise agreed in writing by the Local Planning Authority in consultation with the Environment Agency. A verification report pertaining to the details outlined within the Hydraulic Report and Technical Memorandum shall be prepared by a suitably competent person, and submitted to the Local Planning Authority for approval. The report shall demonstrate and evidence (including photographs)that the works have been constructed in consistent with that which was approved.

Reason: To minimise flood risk and enhance the flooding regime of the local area ensure the development and to comply with Policy SD3 and LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

CONDITIONS REQUIRING DISCHARGE BEFORE DEVELOPMENT IS BROUGHT INTO FIRST USE

13.

Landscape Maintenance

Before the development is first brought into use, a Landscape Management and Maintenance Plan for a period of 30 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.

14.

Species Net Gain

Prior to the first use of any part of the development works hereby approved, photographic evidence of the suitably placed installation of a minimum total of TEN bird nesting boxes (including TWO barn owl nest boxes) and TEN bat roosting boxes should be supplied to and acknowledged by the local planning authority; and shall be maintained hereafter as approved unless otherwise agreed in writing by the local planning authority. Habitat boxes should not be installed on to ash trees and must be installed by or under supervision of a competent ecologist.

Reason: To ensure Species Net Gain 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; and the council’s declared Climate Change and Ecological Emergency.

15.

Mammal Gates

The approved mammal gates shall be installed in accordance with the submitted Ecological Impact Assessment (EcIA) prior to the first operation of the development hereby approved. The mammal gates should remain functional and free from obstruction throughout the operational lifespan of the development. Post-installation, verification must be submitted to the local planning authority confirming the installation and functionality of the mammal gates.

16.

Protected Species and Dark Skies (external illumination)

No external lighting is to be used on site boundary habitats. Details of any external lighting proposed shall be submitted to and approved in writing by the local planning authority prior to first use of the development works approved under this planning decision notice. Development shall be carried out in accordance with the approved details and there shall be no other external illumination of the development.

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; and the council’s declared Climate Change and Ecological Emergency.

17.

Access Gates

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.

18.

Hours of Working

During the construction phase no machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times: Monday - Friday 7.00 – 19:00, Saturday 8.00 – 17:00 nor at any time on Sundays, Bank or Public Holidays.

Reason: To protect the amenity of local residents and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

19.

A 9-metre easement to be measured from the top of the riverbank shall be maintained along the northern boundary at all times and kept clear for maintenance access.

Reason: To ensure access for maintenance equipment and personnel and to prevent obstructions that could impede the flow of water or hinder maintenance activities and to comply with Policies SD1 and SD3 of the Herefordshire Local Plan Core Strategy and the National Planning Policy Framework.

INFORMATIVES:

1.	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.
2.	This permission does not authorise the laying of private apparatus within the confines of the public highway. The applicant should apply to Balfour Beatty (Managing Agent for Herefordshire Council) Highways Services, Unit 3 Thorn Business Park, Rotherwas, Hereford HR2 6JT, (Tel: 01432 261800), for consent under the New Roads and Streetworks Act 1991 to install private apparatus within the confines of the public highway. Precise details of all works within the public highway must be agreed on site with the Highway Authority. A minimum of 4 weeks notification will be required (or 3 months if a road closure is involved). Under the Traffic Management Act 2004, Herefordshire Council operate a notice scheme to coordinate Streetworks. Early discussions with the Highways Services Team are advised as a minimum of 4 weeks to 3 months notification is required (dictated by type of works and the impact that it may have on the travelling public).Please note that the timescale between notification and you being able to commence your works may be longer depending on other planned works in the area and the traffic sensitivity of the site. The Highway Service can be contacted on Tel: 01432 261800.
3.	The applicant is reminded that all new fencing or build development should be positioned at least 9m away from all existing ordinary watercourses (both the IDB maintained watercourses and the other smaller ditches) to ensure access for future maintenance by the IDB and others
4.	Any surface water discharge into any watercourses in, on, under or near the site requires consent from the Local Drainage Board.
5.	The attention of the applicant is drawn to the provisions of the Wildlife and Countryside Act 1981 (as amended). This gives statutory protection to a number of species and their habitats. Other animals are also protected under their own legislation. Should any protected species or their habitat be identified during the course of the development then work should cease immediately and Natural England should be informed. They can be contacted at: Block B, Government Buildings, Whittington Road, Worcester, WR5 2LQ. Tel: 0300 060 6000. The attention of the applicant is also drawn to the provisions of the Conservation of Habitats and Species Regulations 2010. In particular, European protected animal species and their breeding sites or resting places are protected under Regulation 40. It is an offence for anyone to deliberately capture, injure or kill any such animal. It is also an offence to damage or destroy a breeding or resting place of such an animal.
6.	The applicant's attention is drawn to the requirement for design to conform to Herefordshire Council's 'Highways Design Guide for New Developments' and 'Highways Specification for New Developments'.

There was an adjournment at 12:29 p.m.; the meeting reconvened at 12:41 p.m.

Supporting documents: