Meeting documents

SSDC Area West Committee
Wednesday, 17th September, 2014 5.30 pm

  • Meeting of Area West Committee, Wednesday 17th September 2014 5.30 pm (Item 81.)

Minutes:

The Planning Officer updated members that the Highway Authority had raised no objection to the application subject to conditions being imposed with regard to visibility splays and Construction Management Plan.  A letter of objection had been received from the Campaign to Protect Rural England (CPRE) recommending that the public right of way should be permanent rather than conditional.  The County Archaeologist had recommended approval subject to a condition relating to further archaeological work being undertaken.  The Agent had submitted a landscaping/planting scheme and Condition 5 would be updated with the appropriate drawing number.  The Planning Officer with the aid of slides and photographs summarised the details of the application as set out in the agenda report including the key considerations.  The Officer’s recommendation was for approval.

In response to questions, the Planning Officer clarified points of detail raised by Members.  Members were informed of the following:

·         Sheep would graze on the grass beneath the photovoltaic panels.  There would be a gap of nearly 3 metres between each set of panels;

·         The applicant would be required to pay a business tariff;

·         All buildings would be screened from the array.

The Committee was addressed by Sarah Vigar in objection to the application.  She referred to a number of concerns which included the following:

·         Impact of the development on the landscape, which could be seen from the A30;

·         There was no direct benefit to the local community;

·         Concern over flooding on the Lower Severalls,

·         Impact on the wildlife as there were significant badger setts;

·         Questioned whether a bat survey had been conducted.

The Applicant’s Agent, Jo Hawkesworth informed members that following advise the panels had been removed from the area where it had been found archaeologically sensitive.  She referred to the agricultural land issue and advised that the initial survey was undertaken on the whole of the landowners land, however not all of the land would be used.  She confirmed that the land was mainly 3b and 4 and would be grazed by sheep.  The site would be as screened as possible.  With regard to the issue of flooding she commented that the Council’s Officer was of the view that flooding would not increase and was content with the drainage scheme in place. The applicant had worked hard to provide extra information to make the scheme acceptable.

With regard to the issue of badgers and bats, the Planning Officer confirmed that the County Archaeologist was content with the results of the geophysical survey and was recommending a number of conditions.

Ward Member, Cllr. Paul Maxwell felt that the application was well put together.  He supported approval of the application subject to being consulted regarding any changes to the landscape scheme.   He also made a request for the hedges along the roadside to be retained at such a height to prevent the panels being visible and for the landowner to keep the gate closed during construction.

It was proposed and seconded to approve the application as per the Planning Officer’s recommendation subject to the Ward Member being consulted regarding any changes to the agreed landscaping scheme.  On being put to the vote the proposal was carried unanimously in favour.

RESOLVED:

That Planning Application No. 14/03128/FUL be APPROVED as per the Planning Officer’s recommendation subject to the Ward Member being consulted regarding any changes to the agreed landscaping scheme.

01. 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 of the proposed PV panels on the local landscape character. As such the proposal accords with the Government's objective to encourage the provision of renewable energy sources and the aims and objectives of the National Planning Policy Framework, the National Planning Practice Guidance and Policies ST3, ST5, ST6, EC1, EC3, EC6, EC7, EC8, EU1, EH11, EH12 and EP3 of the South Somerset Local Plan 2006.

SUBJECT TO THE FOLLOWING CONDITIONS:

01. 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.

02. The development hereby permitted shall be carried out in accordance with the following approved plans Drawing No.'s 5469/ASP03/LS Rev C received 26 August 2014; D01 (Site Layout) received 2 September 2014; D01 (Site Location Plan), 9 (CCTV details), 6.1 and 6.2, (Transformer Housing), N-SO86-1T-02 (access arrangement), 5 (track detail), 7 (Substation Housing details), 4 (Frame and anchor detail), 8 (fence detail), 3 (panel detail) and 6.3 (Control centre housing) received 11 July 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 31/12/2044 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 interests of landscape character and visual amenity in accordance with Policies ST3, ST5, ST6 and EC3 of the South Somerset Local Plan.

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

Reason: In the interests of sustainable construction and to accord with Part 10 of the NPPF.

05. The landscaping / planting scheme shown on the submitted plans (drawing numbered 5469/DPP/ASP4 received 16/9/2014) shall be completely carried out within the first available planting season from the date of commencement of the development. For the duration of this permission the trees and shrubs shall be protected and maintained, and any trees or plants which 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 interests of visual amenity and landscape character in accordance with policies ST5, ST6 and EC3 of the South Somerset Local Plan.

06. 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 EC3, ST6 and EP3 of the South Somerset Local Plan.

07. No CCTV equipment shall be installed on the site other than that shown on drawing no. D01 received 2 September 2014 unless otherwise agreed in writing by the local planning authority.

Reason: In the interest of visual amenity and to safeguard the rural character of the area to accord with Policies EC3, ST6 and EP3 of the South Somerset Local Plan.

08. The development hereby permitted shall not be commenced unless the external finish, including the colour, of the CCTV equipment has been submitted to and agreed in writing by the local planning authority.

Reason: In the interest of visual amenity and to safeguard the rural

character of the area to accord with Policies EC3, ST6 and EP3 of the South Somerset Local Plan.

09. No form 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 ST6 of the South Somerset Local Plan.

10. The development hereby permitted shall take place in accordance with the Construction Management Plan prepared by Matrix Transportation Planning received 11 July 2014 unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interest of highway safety and the rural amenities of the area to accord with Policies ST5 and ST6 of the South Somerset Local Plan.

11. Before the development hereby permitted is commenced, surface water drainage details to serve the development, shall be submitted to and approved in writing by the Local Planning Authority and such approved drainage details shall be completed and become fully operational before the development hereby permitted is first brought into use. Following its installation such approved scheme shall be permanently retained and maintained thereafter.

Reason: To ensure that appropriate drainage is provided on the site.

12. The removal of, or works to, the dead oak tree and the Lombardy Poplars shall be subject to safeguarding measures for bats as detailed in section 6.5. of the Ecological Appraisal (Aspect Ecology, July 2014).

Reason: To protect legally protected species of recognised nature conservation importance in accordance with NPPF and Policy EC8 of the South Somerset Local Plan (adopted), The Habitats Regulations 2010, and The Wildlife and Countryside Act 1981 (as amended).

13. Any work within 250 metres of any pond shall only be undertaken between 1st November and 28th February unless a Method Statement detailing precautionary measures for the protection of Great Crested Newts has been submitted to, and approved in writing by, the local planning authority. In the event of the latter, the approved measures shall be implemented in full.

Reason: To protect legally protected species of recognised nature conservation importance in accordance with NPPF and Policy EC8 of the South Somerset Local Plan (adopted), The Habitats Regulations 2010, and The Wildlife and Countryside Act 1981 (as amended).

14. Prior to the commencement of the development hereby approved a Biodiversity Management Plan detailing measures and management of the site for the benefit of biodiversity shall be submitted to and approved in writing by the Local Planning Authority. The Biodiversity Management Plan shall be implemented in accordance with the approved details unless otherwise approved in writing by the local planning authority.

Reason: For the enhancement of biodiversity in accordance with NPPF.

15. No removal of vegetation that may be used by nesting birds (trees, shrubs, hedges, bramble, ivy or other climbing plants) nor works to or demolition of buildings or structures that may be used by nesting birds, shall be carried out between 1st March and 31st August inclusive in any year, unless previously checked by a competent person for the presence of nesting birds. If nests are encountered, the nests and eggs or birds, must not be disturbed until all young have left the nest.

Reason: To avoid disturbance to nesting birds thereby ensuring compliance with the Wildlife and Countryside Act 1981, as amended by the CROW Act 2000, and in accordance with Policy EC8 of the adopted South Somerset Local Plan.

16. All existing hedges or hedgerows shall be retained, unless shown on the approved drawings as being removed. All hedges and hedgerows on and immediately adjoining the site shall be protected from damage for the duration of works on the site to the satisfaction of the Local Planning Authority in accordance with the recommendations in British Standard 5837 1991. Any part(s) of hedges or hedgerows removed without the Local Planning Authority's consent or which die or become, in the opinion of the Local Planning Authority, seriously diseased or otherwise damaged within five years following contractual practicable completion of the approved development shall be replaced as soon as is reasonably practicable and, in any event, by not later than the end of the first available planting season, with plants of such size and species and in such positions as may be agreed in writing with the Local Planning Authority.

Reason: To protect legally protected species of recognised nature conservation importance in accordance with NPPF and Policy EC8 of the South Somerset Local Plan (adopted), The Habitats Regulations 2010, and The Wildlife and Countryside Act 1981 (as amended).

17. 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 ensure appropriate investigation of archaeological remains in accordance with advice in the NPPF.

18. Before the development hereby permitted is commenced the existing access shall be modified to incorporate suitable visibility splays of 2.4m x 120m.

Reason: In the interests of highway safety and in accordance with Policy ST5 of the South Somerset Local Plan (2006).

Informatives:

01. You are reminded that the highway authority has requested that a condition survey of the existing public highway will need to be carried out and agreed with the highway authority prior to any works commencing on site, and that any damage to the highway occurring as a result of this development will have to be remedied by the developer to the satisfaction of the highway authority once all works have been completed on site.

02. Please be aware of the comments set out within the Environment Agency's letter dated 01/08/2014.

03. Please be aware of the recommendations set out in the RSPB's letter dated 08/08/2014.

04. Please be aware that reptiles (particularly slow worms) are likely to be present in small parts of the site and could be harmed by construction activity, contrary to legislation (Wildlife and Countryside Act 1981), unless appropriate precautionary measures are employed. Suitable measures could include appropriate management of the vegetation to discourage reptiles away from areas of risk, reptile exclusion fencing, and/or translocation of animals from the site. An ecological consultant should be commissioned to provide site specific advice.

05. The applicant is advised that the Ward Member must be consulted regarding any changes to the agreed landscaping scheme. The Ward Member was particularly concerned to ensure that the hedges along the roadside are retained at such a height as to prevent the panels being visible.

(Voting: unanimous in favour)

 

Supporting documents: