Agenda item

The Planning Officer presented the report as detailed in the agenda and with the aid of a power point presentation showed details of the proximity of the application site to Yeovilton Air Base.  A previous application had been refused due to concern about aviation safety; this application sought to remedy that by proposing an earth bund from 2.4 to 3 metres high. The officer’s recommendation now was to approve the application.

Mr R Cotterell the director of British Solar Renewables addressed the committee he explained that sheep would be allowed to graze underneath the solar arrays and the issues with the MOD had now been dealt with by this application which accorded with planning policy.

Ward Member Cllr Mike Lewis although supported the application as the MoD were now satisfied, was concerned about what would happen if a problem was found after the arrays had been erected, he now felt that in torrential rain any run off from the panels could cause flooding on consolidated land.  He questioned who would be responsible for any remedial work that may need to be carried out.

The Planning Officer confirmed that there were several conditions that addressed drainage concerns and the ongoing maintenance and monitoring of the bund

During discussion several comments were made some of which included the following:

·         The risk to radar would be very low and the bund would solve any potential issues;

·         This application would be a blot on the landscape and it was questioned when a decision would be made to advise when Area East had too many solar arrays in the vicinity;

·         Wished to ensure there were stringent conditions during the construction stage during which the process needed to be clear, as the problems that occurred during construction of the Hook Valley site should not be repeated;

·         The only reason members had rejected the last planning application on this site was because the MOD had raised objections to it.

In response to various queries the Planning Officer and Area Lead East explained that page 46 of the Conservation Consultation response gave information of the locations of arrays and proposed arrays, any cumulative impact would not be a reason to reject the scheme, consideration should be given to any possible harmful impact that could be triggered.  The Hook Valley application was different to this as that was alongside a main road and proposed Conditions 12 and 13 covered the issue of a traffic management plan. The bund would remain in-situ after the 25years; a planning application would be required to remove it.

A proposal was made and seconded to approve the application as per the officer’s recommendation.  On being put to the vote the motion was carried by 8 votes in favour and 2 against.

RESOLVED: that Planning Application 14/00215/FUL be approved as per the officers recommendation for the following reason:

Notwithstanding local concerns it is considered that the benefits in terms of the provision of a renewable source of energy, which will make a valuable contribution towards cutting greenhouse gas emissions, 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:

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

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

2. 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.

3. The development hereby permitted shall be removed and the land restored to its former condition within 25 years of the date of this permission 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.

4. 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 not be permanently maintained.

Reason: In the interest of aviation safety.

5. The bund structure shall be installed in full accordance with approved 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 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.

6. No works shall commence on site unless details of all plant equipment, cranes and other temporary structures as well as details of any air navigation warning lighting have been submitted to and agreed in writing by the local planning authority. The development shall thereafter be carried out in full accordance with the agreed details. 

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.

7. No works shall commence on site unless details of a scheme of monitoring and maintenance of the earth bund, to ensure that it continues to be an effective screen to solar farm from the PAR at RNAS Yeovilton over the lifetime of the development, has been submitted to and agreed in writing by the local planning authority. Such approved details shall thereafter be fully implemented for the lifetime of the solar park.

Reason: In the interest of aviation safety.

8. 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.

9. No development hereby approved shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved 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.

10. The development hereby permitted by this planning application shall only be undertaken in accordance with the approved Flood Risk Assessment (Ref: J-4119.12-FM dated March 2013 and prepared by H20K) 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. No development shall commence unless an ownership and management plan for the surface water run-off limitation scheme for the site, as shown in the Flood Risk Assessment (Ref: J-4119.12-FM dated March 2013 and prepared by H20K), has been submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented and maintained in accordance with the approved programme and details.
    
    

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

12. Prior to the commencement of development a construction traffic management plan providing details on the delivery of the material for the bund, the photovoltaic panels and equipment to the site, details of the parking and storage area; and any alterations to the vehicular access shall be submitted to and approved in writing by the Local Planning Authority (and Local Highway Authority) and fully implemented in accordance with the approved details, 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, details of which shall have been agreed in advance in writing by the Local Planning Authority and fully implemented prior to start of construction, and thereafter maintained for the duration of the construction phase.

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

14. Prior to, and not earlier than 2 months before, commencement of any works, a survey for badger setts will be undertaken, and if any are present within 30 metres (including on adjoining land) of the development site, the works shall not commence until a method statement for the protection of badgers has been produced and any necessary Natural England licences have be obtained.  The method statement shall be implemented in full. 

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 development hereby permitted shall not be commenced unless there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of the development, as well as details of any changes proposed in existing ground levels; all planting, seeding, turfing or earth moulding comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the occupation of the building or the completion of the development, whichever is the sooner; and 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. No works in respect of the solar park hereby permitted unless details of the finished colour of the security fencing and the finished colour and position of the CCTV equipment has been submitted to and agreed in writing by the local planning authority. The development shall be carried out in accordance with the agreed details.

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.

Informatives:

1. The developer is advised to refer to the informatives set out within the EA’s letter dated 11/02/2014.

2. The developer is reminded that a condition survey of the existing public highway will need to be carried out agreed with the Highway Authority prior to any works commencing on site, and any damage to the highway occurring as a result of this development is to be remedied by the developer to the satisfaction of the Highway Authority once all works have been completed on site.

3.    Under Section 59 of the Highways Act 1980 allows the Highway Authority to recover certain expenses incurred in maintaining highways, where the average cost of maintenance has increased by excessive use. The condition survey will be used as evidence should damage to the highway network occur during the construction phase of the development.

(Voting: 8 in favour: 2 against)