Agenda item

Application to vary condition 10 (Flood Risk Assessment) of approval 17/00225/S73A to allow for a revised drainage strategy to be submitted to address standing water issues within the site.

The Planning Officer presented his report to members. He advised that the application was section 73 application to amend condition 10 of an approved application for a solar park which was approved in 2015. Using a PowerPoint presentation he provided images of maps to show the location of the site.

He explained to members that there were issues over standing water on the western boundary of the site and that the applicant is proposing to install French drains within the site to soak up the standing water. He further advised that the Lead Local Flood Authority had raised no objection to this proposal.

Councillor Mike Lewis, Ward Member, offered his support to the application and commented that whilst noting that this was a major application, he felt that this application should not have been referred to Area East Committee.

Another member agreed that this application should not have been referred to Area East Committee. The Senior Planning Advisor noted these comments.

It was proposed and seconded that the application should be approved as per the agenda report.

The Chairman disagreed with the comments. He advised members that this area often floods and expressed concern that the standing water could flow offsite and exasperate the existing flooding issues nearby.

The Senior Planning Advisor advised members that the proposed conditions 10 and 11 as listed in the report should lighten members’ concern over flooding as both of these conditions could be enforced should they not be followed correctly.

Councillor Mike Lewis, Ward Member, asked whether conditions 10 and 11 were worded strongly enough and questioned whether they should be enhanced.

The Senior Planning Advisor felt that the conditions were sufficient and advised that a site visit had taken place and all necessary consultations had been sent. He commented that the advice of the Lead Local Flooding Agency had been considered.

Following the discussion, members voted on the proposal to approve the application as per the officer recommendation. On being put to the vote, this was carried 6 votes in support with 1 abstention.

RESOLVED:  that planning application 18/01593/S73 be approved as per the officer recommendation for the following reason;

Grant consent for the following reason:

01.       The benefits in terms of the provision of a renewable source of energy, which will make a valuable contribution towards cutting greenhouse gas emissions, are considered to outweigh the limited impact the proposal will have on the local landscape character. As such the proposal accords with the aims and objectives of Policies SD1, TA5, TA6, EQ1, EQ2, EQ3, EQ4 and EQ7 of the South Somerset Local Plan and the provisions of the National Planning Policy Framework.

SUBJECT TO THE FOLLOWING:

01.         Notwithstanding the time limits given to implement planning permission as prescribed by Sections 91 and 92 of the Town and Country Planning Act 1990 (as amended), this permission (being granted under section 73A of the Act in respect of development already carried out) shall have effect from the 31 March 2016.

Reason:  To accord with the provisions of section 73A of the Town and Country Planning Act 1990.

02.       The development hereby permitted shall be carried out in accordance with the following approved plans drawings numbered:

·         2466_201_Rev E, 1095-0201-01 (issue 12), 2466_200_Rev G received 11/06/2015; and

·         Site location, block plan, 001 (issue 01), 004 (issue 01), 9999-0208-71, XXXX-0206-00, 34523-01-00 (issue B) and 002 (01) received 20/01/2014.

            Reason: For the avoidance of doubt and in the interests of proper planning.

03.       The development hereby permitted shall be removed and the land restored to its former condition before 31 March 2041, or within six months of the cessation of the use of the solar farm for the generation of electricity, whichever is the sooner, in accordance with a restoration plan to be submitted to and approved in writing by the local planning authority. The restoration plan will need to include all the works necessary to revert the site to open agricultural land including the removal of all structures, materials and any associated goods and chattels from the site.

            Reason: In the interest of landscape character and visual amenity in accordance with Policy EQ2 of the South Somerset Local Plan.

04.       The position and heights of the panels and bund structure (across its entire length) shall accord with the details set out on drawings numbered 1095-0201-01 (issue 12), 2466- 200 (Rev. G) and 2466 - 201 (Rev. E) and the associated schedule of the coordinates received 11 June 2015. The position and height of the bund and panels shall thereafter be permanently maintained.

            Reason: In the interest of aviation safety.

05.       The bund structure shall be installed in full accordance with approved drawings numbered 1095-0201-01 (issue 12), 2466- 200 (Rev. H) and 2466 - 201 (Rev. H) and the associated schedule of the coordinates received 11 June 2015 prior to the commencement of any works relating to the solar park element of the permission hereby granted, unless otherwise agreed in writing by the local planning authority.

            Reason: In the interest of aviation safety.

06.       Any further works carried out on site shall be carried out in full accordance with the plant equipment, crane and other temporary structure and air navigation warning lighting details agreed by the Local Planning Authority under application 15/03429/DOC (Discharge of Conditions for application 14/00215/FUL), unless otherwise agreed in writing by the Local Planning Authority.

            Reason: In the interest of aviation safety and to ensure that any plant equipment and temporary structures will not impede the operation of the transmitter / receiver installation at RNAS Yeovilton or otherwise obstruct the movements of air traffic to and from the aerodrome.

07.       The scheme of monitoring and maintenance of the earth bund (to ensure that it continues to be an effective screen to the solar farm from the PAR at RNAS Yeovilton over the lifetime of the development) agreed by the Local Planning Authority under application 15/03429/DOC (Discharge of Conditions for application 14/00215/FUL) shall be fully implemented and maintained for the lifetime of the solar park. 

            Reason: In the interest of aviation safety.

08.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) there shall be no alterations to the approved design or layout of the solar park and bund without the prior express grant of planning permission from the local planning authority.

            Reason: In the interest of aviation safety.

09.       The programme of archaeological work agreed by the Local Planning Authority under application 15/03429/DOC (Discharge of Conditions for application 14/00215/FUL) shall be fully carried out.

            Reason: To safeguard the archaeological interest of the site in accordance with policy EQ3 of the South Somerset Local Plan.

10.       The development hereby permitted by this planning application shall only be undertaken in accordance with the approved Flood Risk Assessment (Ref: Addendum Letter to FRA ref J-4119.12-FM (dated 29 March 2018) and prepared by H20K and associated drawing number 1095-0500-12 Issue AB01 dated 6 April 2018) specifically including the following measures detailed within the FRA:

1.     All access routes to have permeable surfaces constructed of either mown grass or unbound stones.

2.     Swale features are installed prior to any other construction works associated with the proposed development.

3.     All surface water drainage features are maintained appropriately, over the lifetime of the development.

4.     No culverting of the drainage ditch.

            Reason: To prevent any increased risk of flooding associated with installation of the solar park development. 

11.       The surface water run-off limitation scheme for the site, as shown in the Flood Risk Assessment (Ref: Addendum Letter to FRA ref J-4119.12-FM (dated 29 March 2018) and prepared by H20K and associated drawing number 1095-0500-12 Issue AB01 dated 6 April 2018), shall be implemented and maintained in accordance with the ownership and management plan agreed by the Local Planning Authority under application 15/03429/DOC (Discharge of Condition for application 14/00215/FUL).

            Reason: To prevent any increased risk of surface water flooding associated with installation of the solar park development. 

12.       All site works shall comply with the Construction Traffic Management Plan agreed by the Local Planning Authority under application 15/03514/DOC (Discharge of Condition for application 14/00215/FUL), unless otherwise agreed in writing by the Local Planning Authority.

            Reason: In the interest of highway safety to accord with TA5 of the South Somerset Local Plan.

13.       The applicant shall ensure that all vehicles leaving the site are in such condition as not to emit dust or deposit mud, slurry or other debris on the highway. In particular (but without prejudice to the foregoing), efficient means shall be installed, maintained and employed for cleaning the wheels of all lorries leaving the site, in accordance with details approved by the Local Planning Authority under application 15/03514/DOC (Discharge of Condition of application 14/00215/FUL).

            Reason: In the interest of highway safety to accord with TA5 of the South Somerset Local Plan.

14.       The development shall be carried out in accordance with the proposed recommendations and actions set out within the Badger Licence Method Statement by Tyler Grange dated 20 July 2015.

            Reason: For the conservation and protection of legally protected species in accordance with Policy EQ4 of the South Somerset Local Plan, and to ensure compliance with the Wildlife and Countryside Act 1981, and The Protection of Badgers Act 1992.

15.       The development hereby permitted shall be carried out in accordance with the ecological enhancements set out within section 8.2 of the Ecological Appraisal dated November 2012, unless otherwise agreed in writing by the local planning authority.

            Reason: In the interest of conservation and to accord with policy EQ4 of the South Somerset Local Plan and paragraph 188 of the National Planning Policy Framework.

16.       The scheme of landscaping and planting approved by the Local Planning Authority under application 16/02959/DOC (Discharge of Condition for application 14/00215/FUL), shall be completely carried out within the first available planting season from the date of commencement of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

            Reason: In the interest of landscape character and visual amenity in accordance with Policy EQ2 of the South Somerset Local Plan.

17.       The finished colour of the security fencing and the finished colour and position of the CCTV equipment shall accord with the details agreed by the Local Planning Authority under application 15/03429/DOC (Discharge of Condition for application 14/00215/FUL), unless otherwise agreed in writing by the Local Planning Authority.

            Reason: In the interest of landscape character and visual amenity in accordance with Policy EQ2 of the South Somerset Local Plan.

18.       No means of audible alarm shall be installed on the site without the prior written consent of the local planning authority.

            Reason: In the interest of residential amenity and the rural amenities of the area to accord with Policy EQ2 of the South Somerset Local Plan.

19.       No means of external illumination / lighting shall be installed without the prior written consent of the local planning authority.

            Reason: In the interest of visual amenity and to safeguard the rural character of the area to accord with Policies EQ2 and EQ7 of the South Somerset Local Plan.

20.       The supporting posts to the solar array shall not be concreted into the ground.

            Reason: In the interest of sustainable construction and to accord with part 10 of the National Planning Policy Framework.

(Voting: 6 in support, 1 abstention)