To consider a report of the Head of Planning, Economy and Regeneration with regard to the above application.
At the Planning Committee Meeting on 31st March 2021 Members deferred a decision on the above application in order that a site visit take place and officers provided responses to a number of questions raised.
Minutes:
The Committee had before it a report of the head of Planning, Economy and Regeneration regarding the above application. At the Planning Committee Meeting on 31st March 2021 Members deferred a decision on the above application in order that a site visit take place and officers provided responses to a number of questions raised.
The Interim Development Management Manager then provided responses to questions previous posed by Members which were set on the annex of this report.
The Officer then went on to outline the conditions agreed with the developer which would mitigate the impact of the development and gave detailed explanations of what the conditions were for and how they would be monitored.
In response to public questions the officer stated:
· Officers did not ignore the Wildlife Trust, revised condition 12 specifies regular monitoring
· He could not comment on Members reading objections, these were available to Members via the Planning Portal
· They are aware of the nearby solar farm but it is on a case by case basis and we must determine the application before us
· The flood defences are required to be maintained and are monitored by way of a condition so if there is a failure it would need to be resolved
· The Deer migration routes would be monitored by way of revised condition 12
· Energy storage capacity of batteries has been covered in the report
· The developers would need to clarify what operations would be happening at night and what happens when the panels are not generating solar energy
· The specific benefits of energy to 10k homes is dependant on the range of the installation
· The fire service was not consulted on any potential fire hazard as they are not a statutory consultee but they would be consulted as part of a building regulations approval
· Forced labour was not a planning issue and we cannot impose a condition for non planning matters
· Landscaping has been dealt with in additional condition 22
· Soil degradation and decommissioning needs to be done with care and is covered by condition 4 and does not mean that it will refer to a brown field site in the future
· Fixture and fittings must be removed once operations on site ceases
· There is no a condition for employment opportunities as such a condition would not pass the 6 tests
The Officer then reminded Members of the application by way of a presentation which highlighted the site location plan, revised site plan, photographs of various locations around the site and additional viewpoints.
In response to Members questions about the District being close to saturated with solar panels the Officer explained there was no cumulative impact of a number of sites and that each application had to be determined in its own right.
Consideration was given to:
· Members concerns with who would monitor al the conditions;
· Members concerns with who would compensate people living nearby;
· There was no upper limit quota prescribed by the Government for the number of solar panels installed in Devon;
· Members concerns with how long the batteries lasted and the lifetime of products was not known;
· Members concerns that there were too many conditions which required further LPA approval and that Councillors should have input in agreeing the final finishes
· The views of the objector who stated that Members could refuse the application on local landscape, substantial harm to listed buildings, loss of agricultural land, limited information of storage capacity and no lifecycle analysis had been provided;
· The views of the agent who stated that the proposed development was acceptable to the local plan and planning policies and that it aligned to the Council’s commitment to Carbon reduction. The site would still remain in agricultural use and would provide green electricity for 10k homes within the District
· The views of some Members that the Council had made a commitment to its residents that it would sign up to Climate Change and reduce dependence on fossil fuels. Schemes like this would benefit our children and grandchildren;
· The views of some Members that agricultural roofs should be utilised first;
· The views of some Members that the site was rambling, was close to another solar farm application and it was oversized;
It was therefore RESOLVED that: Members were minded to refuse the application and therefore wished to defer the application for an implications report to consider the proposed reasons for refusal that of:
· Adverse impact on the landscape;
· Adverse impact on the Grade 2 Langford Court;
·
Additional loss of high grade agricultural
land (amended when the minutes were brought
back to the Planning Committee on 8 September 2021, the amendment
to this minute was initialled by the Chairman)
(Proposed by Cllr C J Eginton and seconded by Cllr B G J Warren)
Reason for the decision – No decision was made the decision was deferred for an implications report.
Notes:
i.) Cllrs F J Colthorpe, E J Berry, S J Clist, L J Cruwys, Mrs C P Daw, C J Eginton, P J Heal , B Holdman, F W Letch and B G J Warren made declarations in accordance with the Protocol of Good Practice for Councillors dealing with planning matters as they had been contacted by objectors;
ii.) Cllrs Mrs F J Colthorpe, E J Berry and P J Heal requested that their vote against the decision be recorded;
iii.) Dr Philip Bratby spoke as the objector;
iv.) Mark Herbert spoke as the agent:
v.) The following late information was provided:
19/01679/MFUL - Construction of ground-mounted solar PV panels to generate up to 49.9MW (Site Area 60.78ha) and battery storage facility together with all associated works, equipment and necessary infrastructure - Land at NGR 303437 103555 East of Langford Mill & Tye Farm Langford.
14th July 21
UPDATE SHEET LIST OF CONDITIONS FOR LANGFORD SOLAR FARM
Subject to the following conditions:
1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
2. The permission hereby granted shall be limited to a period of 40 years from the date when electricity is first exported from the solar panels to the electricity network (The First Export Date). Written notification of the First Export Date shall be given to the Local Planning Authority within 14 days of the event occurring.
3. The development hereby permitted shall be carried out in accordance with the approved plans listed in the schedule on the decision notice.
4. Within 3 months of the solar array permanently ceasing to be used for the generation of electricity, or the end of this permission, whichever is the earliest, the array, and associated infrastructure, shall be permanently removed from the land, and the site restored to its former condition in accordance with details to be submitted to, and approved in writing by, the local plan authority prior to these works being carried out
5. The Solar PV Panels hereby permitted shall not be erected until samples of the materials to be used in the construction of the solar panel array have been submitted to, and approved in writing by, the local planning authority. Development shall be carried out in accordance with the approved samples and retained as such thereafter
6. The site access roads shall be in a sound bound material for the first 20.00m back from its junction with the public highway and drained to prevent no surface water onto the public highway. The site access roads shall be hardened, surfaced, drained and maintained thereafter hardened, surfaced, drained and maintained thereafter.
7. Visibility splays shall be provided, laid out and maintained for that purpose at the primary site access where the visibility splays provide inter-visibility between any points on the X and Y axes at a height of 0.60 metres above the adjacent carriageway level and the distance back from the nearer edge of the carriageway of the public highway shall be 2.40 metres and the visibility distances along the nearer edge of the carriageway of the public highway (identified as Y) shall be 43.0 metres in a southern direction and as identified on the access plan in the other direction.
8. Visibility splays shall be provided, laid out and maintained for that purpose at the other site accesses in accordance where the visibility splays provide inter-visibility between any points on the X and Y axes at a height of 0.60 metres above the adjacent carriageway level and the distance back from the nearer edge of the carriageway of the public highway (identified as X) shall be 2.40 metres and the visibility distances along the nearer edge of the carriageway of the public highway (identified as Y) shall be 33.00 metres in on coming direction and 33.00 metres to the centre line in the offside direction.
9. No other part of the development hereby approved shall be commenced until the until the access, parking facilities, commercial vehicle loading/unloading area, visibility splays, turning area and access drainage have been provided and maintained in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority and retained for that purpose at all times.
10. No development shall take place until off site highway condition surveys have been undertaken and the details submitted and approved in writing by the Local Planning Authority in liaison with the Local Highway Authority.
11. No development shall take place until:
EITHER
i) A programme of archaeological work has bene carried out in accordance with a written scheme of investigation (WSI) which has been submitted to and approved in writing by the Local Planning Authority. OR
ii) A construction methodology for the development that avoids any below-ground impact within the area of Archaeological sensitivity in the vicinity of the 7th/8th century iron furnace has bene submitted to and approved in writing by the Local Planning Authority.
12. No development shall take place until a detailed scheme of ecological mitigation and enhancement measures, in accordance with the recommendations of the submitted documentation:
(a) The Biodiversity Management Plan by avian ecology v4 (Dated 20/07/2020), has been submitted to and approved in writing by the Local Planning Authority.
(b) The Biodversity Enhancement Note and Addendum Note Dated 3/12/2020)
(c) The updated Site Layout Plan
Notwithstanding the details included in the above documentations, the details shall include the details t be submitted including planting plans, specification of species, sizes, planting centres, number and percentage mix and details of seeding or turfing. The development shall not be carried out other than in accordance with the approved plans and details.
13. The Solar PV Panels hereby permitted shall not be erected until details, on a suitably scaled plan, of the soft landscape works have been submitted to, and approved in writing by, the local planning authority. The details to be submitted shall include planting plans, including specifications of species, sizes, planting centres, number and percentage mix, and details of seeding or turfing. The development shall not be carried out other than in accordance with the approved details.
14. All agreed landscaping comprised in the above details of landscaping shall be carried out in the first planting and seeding seasons following the erection of the panels, and any 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. All landscape works shall be carried out in accordance with the guidance contained in British Standards 8545: 2014.
15. The Solar PV Panels hereby permitted shall not be erected until the full details of the works to the hedges including species adjacent to the residential properties, as shown on Figures 11 and 12 of the Glint and Glare Study Page Power Ltd v 4 dated 16th August 2019, have been submitted and approved in writing by the Local Planning Authority. The works be carried out in the first planting season after the written approval and thereafter retained and maintained.
16. The development hereby approved shall not be brought into use until the surface water drainage arrangements have been provided in full, in accordance with details which shall previously have been submitted to and approved in writing by the Local Planning Authority. The approved measures shall thereafter be retained for the life of the development.
17. The development hereby permitted shall be carried out in accordance with the approved Flood Risk Assessment (FRA) report v5 prepared by Calibro, and issued on 30th November 2020, including the level for floodplain compensation outlined in paragraph 7.6.6 of the FRA. The mitigation measures shall be fully implemented in accordance with the timing/phasing arrangements detailed within the Flood Risk Assessment. The approved measures shall thereafter be retained for the life of the development.
18. No development including any site clearance or groundworks of any kind shall take place within the site until a scheme to minimize the risk of offsite flooding caused by surface water run-off and groundwater during construction works has been submitted to and approved in writing by the local planning authority. The development shall then be carried out in accordance with the agreed scheme.
19. No external form of illumination of the site shall be undertaken other than low level lighting required on ancillary buildings during occasional maintenance and inspection visits.
20. The installation or construction of all plant, equipment, and buildings shall be undertaken using a colour scheme which has previously been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be retained in accordance with the approved colour scheme.
21. Prior to the commencement of development a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. In respect to the protection of residential amenity and the local environment, the CEMP shall identify the steps and procedures that will be implemented to minimise the creation and impact of noise, vibration, dust and waste disposal resulting from the site preparation, groundwork and construction phases of the development and manage Heavy/Large Goods Vehicle access to the site. It shall include details of the hours of operation and measures to be employed to prevent the egress of mud, water and other detritus onto the public and any non-adopted highways. The following specific details should also be included in respect to highway safety:
(a) the timetable of the works;
(b) daily hours of construction;
(c) any road closure;
(d) hours during which delivery and construction traffic will travel to and from the site, with such vehicular movements being restricted to between 8:00am and 6pm Mondays to Fridays inc.; 9.00am to 1.00pm Saturdays, and no such vehicular movements taking place on Sundays and Bank/Public Holidays unless agreed by the planning Authority in advance;
(e) the number and sizes of vehicles visiting the site in connection with the development and the frequency of their visits;
(f) the compound/location where all building materials, finished or unfinished products, parts, crates, packing materials and waste will be stored during the demolition and construction phases;
(g) areas on-site where delivery vehicles and construction traffic will load or unload building materials, finished or unfinished products, parts, crates, packing materials and waste with confirmation that no construction traffic or delivery vehicles will park on the County highway for loading or unloading purposes, unless prior written agreement has been given by the Local Planning Authority;
(h) hours during which no construction traffic will be present at the site;
(i) the means of enclosure of the site during construction works; and
(j) details of wheel washing facilities and road sweeping measures with the respective obligations
(k) The proposed route of all construction traffic exceeding 7.5 tonnes.
(l) Details of the amount and location of construction worker parking.
(m) Photographic evidence of the condition of adjacent public highway prior to commencement of any work;
22. No development shall take place until a Landscape and Ecological Management Plan (LEMP) is submitted and approved in writing by the Local Planning Authority. This plan shall provide details of the following:
a) Retained Ecological and Landscape features
b) Proposed habitats Ecological and Landscape Features
c) Habitats and Landscape Management Measures
d) Monitoring and Review of Plan
The development hall not be carried out other than in complete accordance with the approved details
REASONS FOR CONDITIONS:
1. In accordance with the provisions of Section 51 of the Planning and Compulsory Purchase Act 2004.
2. To establish the commencement date for the 40 year operational life of the solar farm.
3. For the avoidance of doubt and in the interests of proper planning.
4. For the avoidance of doubt and to establish the duration of the planning permission and in the interests of the visual appearance of the landscape once the plant is redundant in accordance with policy DM2 of the Mid Devon Local Plan 2013 - 2033.
5. In the interests of local character, and in accordance with policies DM2 and S9 of the Mid Devon Local Plan 2013 - 2033.
6. To prevent mud and other debris being carried onto the public highway.
7. To provide adequate visibility from and of emerging vehicles.
8. To provide adequate visibility from and of emerging vehicles.
9. To ensure that adequate facilities are available for traffic attracted to the site.
10. To minimise the impact of the development on the highway network in accordance with the National Planning Policy Framework.
11. To ensure, in accordance with EITHER ( i) policy DM25 of the Mid Devon Local Plan 2013-2033 and paragraph 199 of the National Planning Policy Framework (2019), that an appropriate record is made of archaeological evidence that may be affected by the development or (ii) in accordance with policy DM27, the preservation in situ of heritage assets.
12. In the interests of local character, and in accordance with policies DM2 and S9 of the Mid Devon Local Plan 2013 - 2033.
13. In the interests of local character, and in accordance with policies DM2 and S9 of the Mid Devon Local Plan 2013 - 2033.
14. In the interests of the visual amenity of the area and in accordance with policies DM2 and S9 of the Mid Devon Local Plan 2013 - 2033.
15. To protect the amenities of the adjoining residential properties and in accordance with policy DM2 of the Mid Devon Local Plan 2013 - 2033.
16. To prevent the increased risk of flooding by ensuring the satisfactory means of surface water disposal is incorporated into the design and build and that the principles of sustainable drainage are incorporated into this proposal and maintained for the life of the development in accordance with policy DM2 of the Mid Devon Local Plan 2013- 2033.
17. To prevent the increased risk of flooding by ensuring the satisfactory means of surface water disposal is incorporated into the design and build and that the principles of sustainable drainage are incorporated into this proposal and maintained for the life of the development in accordance with policy DM2 of the Mid Devon Local Plan 2013- 2033.
18. To prevent the increased risk of flooding by ensuring the satisfactory means of surface water disposal is incorporated into the design and build and that the principles of sustainable drainage are incorporated into this proposal and maintained for the life of the development in accordance with policy DM2 of the Mid Devon Local Plan 2013- 2033.
19. To minimise light pollution in this rural area and in the interests of biodiversity and ecology, in accordance with policies S9 and DM2 of the Mid Devon Local Plan 2013 - 2033.
20. In the interests of local character, and in accordance with policies DM2 and S9 of the Mid Devon Local Plan 2013 - 2033.
21. To minimise the impact upon the highway network and the neighbouring residential properties during the construction period
22. In the interests of the visual amenity f the area in accordance with policies DM2 and S9 of the Mid Devon Local Plan 213-2033.
1. Protected Species
All bats are protected by law. If bats are found, works must immediately cease and further advice be obtained from Natural England and / or a licensed bat consultant. Works must not resume until their advice has been followed. Nesting birds are also protected by law. During site clearance and construction works, suitable safeguards must be put in place to prevent threat of harm to legally protected species, including nesting birds and reptiles all of which are protected under the Wildlife & Countryside Act 1981 (as amended). Where works are to involve cutting or clearance of shrubs, hedges or other vegetation, which can form nesting sites for birds, such operations should be carried out at a time other than in the bird breeding season (which lasts between 1 March - 15 September inclusive in any year). Further details can be obtained from a suitably qualified and experienced ecological consultant, or please refer to published Natural England guidelines for protected species.
REASON FOR APPROVAL OF PERMISSION/GRANT OF CONSENT
As a renewable energy facility, the proposal's location within the countryside is acceptable in principle according to policy DM2 of the Mid Devon Local Plan 2013-2033. The limited visual harm that the proposal would give rise to would be outweighed by the environmental benefits of allowing it. It is considered that the proposal would not result in unacceptable harm in terms of local and residential amenity; highway safety; surface water drainage arrangements; flooding risk; ecology or in relation to the availability of agricultural land.
Withdrawn objection
I am writing to you ahead of the planning committee tomorrow in relation to the proposed Langford Solar Farm (19/01679/MFUL). I felt it is worth noting to members that whilst I originally objected to the scheme due to concerns over potential impacts on my business, I have since worked closely with the Applicant JBM Solar and they have agreed to implement a number of mitigation measures including compensation in order to minimise disruption to my business. As a result I no longer have any objection to the scheme and consider that all of my concerns have been addressed.
Kind regards,
John Pitson,
Yarak birds of prey
Supporting documents: