Agenda item

Planning Application 19/01587/S73A - Land at Aller Court, Church Path, Aller.

Meeting of Area North Committee, Wednesday 29th January 2020 4.00 pm (Item 88.)

Minutes:

Proposal: Application to amend planning condition 3 of approval 14/04300/FUL to allow lifetime of solar park from 25 years to 40 years.

The Specialist (Planning) presented the application and noted some councillors would be familiar with site. She explained that at the current time only the east part of the site had been completed, with the remainder of the site due to be built out imminently. The officer view was that the principle to extend the lifetime of the solar park was acceptable, and similar applications had been approved elsewhere in the district. She also reminded members of the recently declared climate emergency and the SSDC Environment Strategy.

There were no members of public wishing to address members about the application.

Ward member, Councillor Gerard Tucker, noted that when the original application had been considered locally a number of years ago it was much opposed. However when this application was discussed at parish level in late 2019 there was no-one wishing to speak at the meeting. He endorsed approval of the application and commented the solar park would help meet renewable energy targets.

During a short discussion some mixed views were expressed including:

· 40 years seems an exceptionally long time.

· Don’t know where we will be with technology in 25 years.

· Feel would be better to review in 20 years time and request an extension of time then.

· If this proposal helps with the economics of renewables to work it shouldn’t be a concern.

· Is there any requirement for them to update their technology?

· Why has the whole site not been built out?

The Specialist (Planning) responded to points of detail raised during discussion, including:

· The site had been built in two phases as two different companies were involved.

· Conditions detailed that if the park ceases to make electricity then the site effectively reverts back to agricultural use prior to the 40 years expiring.

· Acknowledge concerns about the timeframes. 25 years was a common timeframe used by companies for applications and was probably based on tariffs at the time. Many solar farms were now making applications for extensions of time.

· Regarding technology, if something more viable came forward a new application could be made to replace what is currently approved.

· There was no new material harm resulting from extending the time to 40 years.

At the conclusion of debate, it was proposed to approve the application as per the officer recommendation, and on being put to the vote was carried 6 in favour and 2 against.

RESOLVED:

That planning application 19/01587/S73A be APPROVED, as per the officer recommendation, subject to the following:

Justification:

The proposal to vary the operational lifespan of the solar farm, results in a temporary permission that continues to respect the character of the area and causes no demonstrable harm to neighbour amenity, highway safety, the setting of nearby heritage assets, ecology, flooding or other environmental concern in accordance with the aims and objectives of Policies SD1, TA5, EQ1, EQ2, EQ3, EQ4, EQ5 and EQ7 of the South Somerset Local Plan as well as the provisions of the National Planning Policy Framework.

Subject to the following conditions:

01. The development hereby permitted shall be carried out in accordance with the following approved plans which form part of the planning permissions dated 8th June 2016; drawings numbered 1074-0200-05 Issue 03; 1074-0204-00 Issue 01; 1074-0205-01 Issue 01; 1074-0206-09 Issue 01; 1074-0208-70 Issue 01; Figure 1 Site Location Plan; 1074-0208-50 Issue 01; 1074-0207-13 Issue 02; 1074-0201-01 Issue 09; 1074-0208-76 Issue 01; 2707-200-Rev H; 00005-02.

Reason: To accord with the provisions of section 91(1) of the Town and Country Planning Act 1990.

02. The development hereby permitted shall be removed and the land restored to its former condition within 40 years of the date of the original permission (planning ref. 14/04300/FUL), i.e. by 8 June 2056, or within six months of the cessation of the use of the solar park 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 shall be submitted to the local planning authority no less than 6 months prior to the cessation of the use of the solar park for the generation of electricity and shall make provision for the removal of all structures, materials and any associated goods and chattels from the site. The local planning authority must be notified of the cessation of electricity generation in writing no later than five working days after the event.

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

03. There shall be no permanent raising of ground levels in Flood Zone 3. The development shall be carried out in accordance with the flood storage compensation measures agreed under discharge of condition application 16/04897/DOC, unless otherwise agreed in writing by the local planning authority.

Reason: To ensure that flood risk is not increased to accord with the provisions of the NPPF.

04. No development shall take place within 8 metres of the top of bank of any river or ditch at any time during the development.

Reason: To ensure that flood risk is not increased and to allow the maintenance of watercourses and in the interest of protecting the biodiversity value of the watercourses to accord with the provisions of the NPPF and policy EQ4 of the South Somerset Local Plan.

05. The construction phase of the development hereby permitted shall only be carried out in strict accordance with the details and requirements of the Construction Environmental Management Plan agreed under discharge of condition application 16/04897/DOC, unless otherwise agreed in writing by the local planning authority.

Reason: In the interests of highway safety, neighbour amenity and to protect local ecology and protected species to accord with policies TA5, EQ2, EQ4 and EQ7 of the South Somerset Local Plan.

06. The construction phase of the development hereby permitted shall be carried out in strict accordance with the details and requirements of the Construction Traffic Management Plan agreed under discharge of condition application 16/04808/DOC, unless otherwise agreed in writing by the local planning authority.

Reason: In the interests of highway safety policy TA5 of the South Somerset Local Plan.

07. The biodiversity enhancement measures agreed under discharge of condition application 16/04808/DOC shall be fully implemented, unless otherwise agreed in writing by the local planning authority.

Reason: For the enhancement of biodiversity in accordance with the provisions of the NPPF and policy EQ4 of the South Somerset Local Plan.

08. The monitoring and mitigation scheme for the post-construction monitoring and mitigation of the impact of the development upon birds shall be fully implemented in accordance with the details agreed under discharge of condition application 16/04808/DOC, unless otherwise agreed in writing by the local planning authority.

Reason: To assess any potential risk to the waterbird assemblage of the Somerset Levels and Moors Special Protection Area, in accordance with the Habitats Regulations 2010 and policy EQ4 of the South Somerset Local Plan.

09. The development hereby permitted shall be carried out in accordance with the measures agreed under discharge of condition application 16/04662/DOC to minimise the risk of harm of collision by birds with overhead lines. The agreed details shall be fully implemented as part of the development and shall thereafter be permanently maintained unless otherwise agreed in writing by the local planning authority.

Reason: To minimise the risk of potential bird collision in the interest of safeguarding the ecological interest of the area in accordance with the Habitats Regulations 2010 and policy EQ4 of the South Somerset Local Plan.

10. The development hereby permitted shall be carried out in accordance with the written scheme of archaeological investigation agreed under discharge of condition application 16/04808/DOC, unless otherwise agreed in writing by the local planning authority.

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

11. All planting, seeding, turfing or earth moulding comprised in the landscaping scheme approved under discharge of condition application 17/00410/DOC shall be carried out in the first planting and seeding season following the first generation of electricity. If within a period of five years from the completion of the development the approved planting dies, is removed or becomes seriously damaged or diseased, it shall be replaced in the next planting season with others of similar size and species. The approved landscaping scheme shall thereafter be maintained in accordance with the details set out within the Landscape Management Plan agreed under discharge of condition application 17/00410/DOC for the duration of the operation of the site for the purposes of generating electricity, unless otherwise agreed in writing by the local planning authority.

Reason: In the interest of landscape character and visual amenity to accord with policy EQ2 of the South Somerset Local Plan.

12. The design and finished colour of the security fencing and the finished colour and position of the security camera equipment shall accord with the details agreed under discharge of condition application 16/04662/DOC, unless otherwise agreed in writing by the local planning authority.

Reason: In the interest of landscape character and visual amenity to accord with policy EQ2 of the South Somerset Local Plan.

13. 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.

14. Other than on the switch gear building, no means of external illumination or external 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.

15. 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.

16. The rating level of the noise emitted from the development hereby approved from fixed plant and equipment shall not exceed a level of 30dB(A) outside any dwelling at a distance of not less than 3.5 metres from any façade of that dwelling containing a window to a habitable room. The measurements and assessment shall be made in accordance with BS 4142: 1997.

Reason: To safeguard the residential amenity of nearby residents in accordance with policies EQ2 and EQ7 of the South Somerset Local Plan.

(Voting: 6 in favour, 2 against, 0 abstentions)

Supporting documents: