Agenda item

Report attached

Apendices 1 – 8 attached

Consideration was given to planning application 22/1511/FUL

California Farm, Horseclose Lane (Off Letch Lane), Stockton-On-Tees

 

Planning permission was sought for agricultural land located to the West of Stockton. The proposed development was for a 49.99MW solar farm, energy storage and associated works, equipment and necessary infrastructure. Planning permission was sought for a temporary period of 40 years and 6 months from the date of first exportation of electricity from the site. The proposed solar farm would consist of solar PV panels placed on a single axis tracker mounting structure. Ancillary infrastructure, such as central inverter cabinets, switchgear, spares container, energy storage, and energy auxiliary storage container would all be within the site boundary.

 

The development of renewable energy was in principle in the public interest and was considered a benefit in those terms. The proposed development, with associated energy storage, would generate and store a significant amount of electricity from renewable sources and result in a reduction of approximately 16,645 tonnes of CO2 emissions annually which represented a significant contribution to the national and international requirements and associated targets to increase renewable energy generation and reduce CO2 emissions. The proposal would also provide a range of other benefits including a significant contribution to local employment and the economy more generally.

 

The development would not result in the loss of best and most versatile agricultural land and when decommissioned, the site could revert to its former use.

 

The application had been considered in full and subject to the recommended conditions it was considered that the impact of the proposed development could be successfully mitigated and on balance the identified benefits of the proposed development were such that the application was recommended for approval.

 

The consultees that had been notified and the comments that had been received were detailed within the main report.

 

Neighbours were notified and the comments received were detailed within the main report.

 

The planning policies and material planning considerations that were relevant to the consideration of the application were contained within the main report.

 

The Planning Officers report concluded that Renewable Energy Development was in principle in the public interest and was considered a benefit in those terms. The proposed development, with associated energy storage, would generate and store a significant amount of electricity from renewable sources and result in a reduction of CO2 emissions.

 

The proposal would also provide a range of other benefits including a significant contribution to local employment and the economy more generally.

 

The development would not result in the loss of best and most versatile agricultural land and when decommissioned, the site could revert to its former use.

 

There would be some localised harm to the character by the very nature of the loss of the open fields although this would not be substantial, and these impacts had been mitigated to an acceptable level. Mitigation measures proposed for biodiversity would result in a biodiversity net gain which would be secured for the lifetime of the development by planning condition and were considered appropriate to mitigate against any ecological impacts.

 

Consideration had also been given to the impact of the proposals upon highway safety, residential amenity, heritage assets, flooding and drainage, and public rights of way and, subject to appropriate conditions, these impacts were considered to be acceptable.

 

During the officers’ presentation to the Committee, the Principal Planning Officer informed Members that there had been some minor amendments to conditions 5, 10 and 17.

 

The Committee were also informed that there were some minor inaccuracies within the officer report. Under the heading, ‘Site and Surroundings’, paragraph 2, the report should have stated 87 hectares not 8.7 hectares. Clarification was also given, that under the heading, ‘Proposals’ paragraph 9 which referred to the reduction of number of vehicles travelling along Harrowgate Lane, this did not refer to the full length of Harrowgate Lane. The Construction Management Plan detailed that construction and operational traffic would go down Harrowgate Lane and then right at Letch Lane.

 

The Applicants Agent attended the meeting and was given the opportunity to make representation. His comments could be summarised as follows:

 

- The proposed application aligned with the Councils carbon reduction strategy.

 

- The proposed farm would be connected to the grid quickly due close proximity to Norton Substation.

 

- There had been extensive environmental assessments and investigations undertaken.

 

- The Applicant had provided presentations at Carlton and Redmarshall Parish Councils, with public in attendance, as well as having meetings face to face with local residents.

 

- There was an increase to screening buffers as well as additional landscaping.

 

- There were new access points for construction traffic off Drovers Lane and Letch Lane and therefore no construction traffic would pass through Carlton Village.

 

- Once the development was operational a light goods vehicle would visit the site once a month.

 

- Landscape Officers at Darlington and Stockton on Tees Borough Councils raised no objections to the proposed scheme.

 

- The proposal would deliver a brighter, cleaner and more energy efficient future.

 

Members were given the opportunity to ask questions / make comments. These could be summarised as follows: -

 

- Clarity was sought as to whether power lines were overhead or underground, and whether there were to be additional pylons.

 

- Although it was expected that there would be an annual reduction of 16645 tonnes of CO2 emissions once the proposed development was operational, Members asked how many tonnes of CO2 emissions would be put into the atmosphere during the construction of the development.

 

- Officers were asked when the Council would have a renewable energy plan and whether or not one had been started?

 

- Clarity was sought as to why the Byers Gill development had been discounted when providing the cumulative assessment, particularly when ‘Campaign To Protect Rural England’ felt that the Byers Gill development was still relevant to the cumulative effect as detailed within the officers report.

 

- In terms of Condition 6, ‘Treatment of Infrastructure’, Members felt that as planners, they should have had access to precise details of the colours and finishes for all buildings, and that it was important that the development was in keeping with the countryside.

 

- Members drew attention to condition 07 ‘ Tree and Hedge Protection Measures’ and asked where the deer fencing was to be situated? Also,

 

- The solar panels would be visible from the new houses and therefore required hedge screening.

 

- There appeared to be a discrepancy in the number of houses the solar farm would provide energy for compared to the last report presented at Planning Committee.

 

- Concerns were raised relating to comments made by ‘Campaign to Protect Rural England’; in particular where reference was made to the number of solar panels in the area possibly taking on the appearance of water when viewed by birds flying over, particularly water fowl resulting in them flying into the panels and killing themselves.

 

- If birds were kept off the solar panel farm this could have a major impact on neighbouring residential areas.

 

- Questions were asked as to whether the site was a potential fire risk and if there was a fire how would it be managed?

 

- Concerns were raised relating construction vehicles, it was reported that there would be a maximum of 5 Heavy Goods Vehicles (HGV) per day and that they would not access the site by the neighbouring villages, however a nearby development at Hartburn were experiencing 5 HGV vehicles per hour and they were supposed to use the A66 however this was not happening. 

 

Officers were given the opportunity to respond to comments/issues raised. Their responses could be summarised as follows: -

 

- Officers confirmed that the power lines would be underground.

 

- Officers did not have the information to provide Members with a definitive answer on the amount of CO2 emissions created during the build of the solar farm.

 

- In terms of the Byers Gill development being discounted from the cumulative assessment, this was not an approved site and could only be assessed when the application was received. Applications for solar farms could only be considered in the cumulative assessment when they were submitted / approved.

 

- Regards comments made in relation to condition 6, the only buildings to be considered on the site were battery storge. These were likened to containers and would most likely be green to blend in with the hedgerows.

 

- Officers confirmed that deer fencing would be put up prior to construction and trees and hedges would be protected.

 

- Hedgerows would be allowed to 3 metres to achieve the best screening, there would however be some short-term impact whilst the hedgerows grew.

 

- The solar farm would provide energy for 16000 to 17000 homes depending on demand.

 

- In terms of birds confusing solar panels for water sources, there was no current evidence to back this up.

 

- Officers explained that in terms of fire risk, all responsible authorities had been consulted and no objections received, therefore this would not be a reason to refuse. If there was to be a fire, then this would be attended by the appropriate authorities.

 

- In terms of concerns around construction traffic, the Construction Management Plan (CMP) had been submitted and if not adhered to, could be enforced.

 

A vote took place and the application was approved.

 

RESOLVED that planning application 22/1511/FUL California Farm, Horseclose Lane (Off Letch Lane), Stockton-On-Tees Proposed solar farm (49.9mw) and battery energy storage system (BESS) and associated infrastructure, access and landscaping be approved subject to the following conditions and informatives:

 

 

01 Time Limit

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

 

 

 

02 Approved Plans

The development hereby approved shall be in accordance with the following approved plans;

 

Plan Reference Number    Date Received

SRE1130 03 07 R422 February 2023

SRE1130 04 01       30 June 2022

SRE1130 04 02       30 June 2022

SRE1130 04 05       30 June 2022

SRE1130 04 09       30 June 2022

SRE1130 04 14       30 June 2022

SRE1130 04 15       30 June 2022

SRE1130 04 16       30 June 2022

SRE1130 04 17       30 June 2022

SRE1130 04 18       30 June 2022

SRE1130 04 19       30 June 2022

SRE1130 04 20       30 June 2022

SRE1130 04 21       30 June 2022

SRE1130 04 22       30 June 2022

SRE1130 04 23       30 June 2022

SRE1130 04 24       30 June 2022

SRE1130 04 13       3 January 2023

SRE1130 04 26 R13 January 2023

SRE1130 04 27 R03 January 2023

SRE1130 04 12 R43 January 2023

SRE1130 04 07 R33 January 2023

SRE1130 04 08 R13 January 2023

SRE1130 04 10 R23 January 2023

SRE1130 04 11 R13 January 2023

SRE1130 04 04 R43 January 2023

SRE1130 04 06 R23 January 2023

SRE1130 04 03 R73        January 2023

 

 

03Temporary Consent

The permission hereby granted is for the development to be retained for a period of not more than 40 years from the date when electricity is first exported to the electricity grid (First Export Date) or in the event that electricity is not exported to the electricity grid from the date that works first commenced on site. Written confirmation of the First Export Date shall be submitted to the Local Planning Authority within one month of the First Export Date.

 

After the expiration of 40 years, the site shall be decommissioned and all buildings, structures and infrastructure works hereby approved shall be removed and the land restored to its former condition in accordance with details to be submitted to and approved by the Local Planning. The approved details shall then be implemented in full within 6 months of approval of those details.

 

04 Inoperative

In the event that the solar farm is inoperative for a period of 6 months or longer, a scheme for the restoration of the site, including the removal of all buildings, structures and infrastructure works, dismantling and removal of all elements, shall be submitted to and approved in writing by the Local Planning Authority not later than 12 months following the last export of electricity from the site. The approved details shall then be implemented in full within 6 months of approval of those details or such other period as may be approved in writing by the Local Planning Authority.

 

05 Biodiversity Management Plan

Prior to the commencement of development a final biodiversity management plan shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out and operated in full accordance with the measures contained within the final biodiversity management plan, including provision for future monitoring, reporting and any necessary amendment of management measures, or such other alternative measures which may subsequently be approved in writing by the Local Planning Authority for the lifetime of the development hereby approved.

 

06 Treatment of Infrastructure

Prior to the commencement of the development precise details of the colours and finishes for all buildings, fixed plant and machinery shall be agreed in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the details as approved.

 

07 Tree and Hedge Protection Measures

Notwithstanding the proposals detailed in the submitted plans, no development shall commence until a Tree Protection Plan is approved in writing by the Local Planning Authority. This must be in close accordance with:

 

 

1. BS5837:2012 Trees in relation to design, demolition and construction – Recommendations

 

2. BS3998:2012 Tree Work – Recommendations

 

3. NJUG Guidelines For the Planning, Installation And Maintenance of Utility Apparatus In Proximity To Trees (Issue 2) – Operatives Handbook 19th November 2007

 

Any such scheme agreed in writing by the Local Planning Authority shall be implemented prior to any equipment, machinery or materials being brought to site for use in the development and be maintained until all the equipment, machinery or surplus materials connected with the development have been removed from the site.

 

The perimeter site fencing should be erected as the first operation, and prior to commencement of any construction works on site. The temporary tree/hedge protection fencing is to protect trees and hedges internal to the site, could be phased as installation progresses through the site and these details shall for part of the tree protection plan.

 

08 Soft Landscaping

No development shall commence until full details of soft landscaping has been submitted to and approved in writing by the Local Planning Authority which shall be in broad accordance with the Landscape Mitigation Plan. This will be a detailed planting plan and specification of works indicating soil depths, plant species, numbers, densities, locations, inter relationship of plants, stock size and type, grass, and planting methods including construction techniques for tree pits in hard surfacing and root barriers. All works shall be in accordance with the approved plans. All existing or proposed utility services that may influence proposed tree planting shall be indicated on the planting plan. The scheme shall be completed in the first planting season following commencement of the development and completed to the satisfaction of the Local Planning Authority.

 

09 Eastern Boundary Buffer

An off-site landscape buffer, details of which shall be agreed prior to implementation, shall be planted along the eastern edge of the site in accordance with drawing SRE 1130 03 10 'Eastern Boundary Planting Plan'. This shall be planted at the earliest opportunity, or in the first planting season following commencement of the development.

 

10 Landscape Management Plan

No development shall commence until full details of proposed soft landscape management has been submitted to and approved in writing by the Local Planning Authority. The soft landscape management plan shall include, long term design objectives, management responsibilities and maintenance schedules, replacement programme for all landscape areas including retained vegetation; special measures relating to the time of year such as protected species and their habitat, management of trees within close proximity of private properties etc. This information shall be submitted to and approved in writing by the Local Planning Authority.

 

Any vegetation within a period of 5 years from the date of from the date of completion of the total works that is dying, damaged, diseased or in the opinion of the local planning authority is failing to thrive shall be replaced by the same species of a size at least equal to that of the adjacent successful planting in the next planting season.

 

Landscape maintenance shall be detailed for the initial 5 year establishment from date of completion of the total scheme regardless of any phased development period followed by a long-term management plan for a period of 20 years. The landscape management plan shall be carried out as approved

 

 

11 Construction Management Plan

Prior to the commencement of the development, a Construction Management Plan (CMP) shall be submitted and approved in writing by the Local Planning Authority. The Plan shall include a dust action plan, the proposed hours of construction, vehicle and pedestrian routes, type and frequency of construction/staff vehicles, road maintenance, and signage, wheel washing plant, methodology of vehicle movements between the compound and various site accesses, details of operation of banksmen and on-site parking arrangements. The development shall not be carried out otherwise than in complete accordance with the approved details.

 

12 Construction Hours

No construction or demolition activities, including the use of plant and machinery, as well as deliveries to and from the site, shall take place outside the hours of 08:00 - 18:00 Monday to Friday, 08:00 - 14:00 Saturday with no activities on a Sunday or Bank/Public Holidays without the prior written permission of the Local Planning Authority.

 

13 Unexpected Land Contamination

Any unexpected ground contamination identified during subsequent construction/demolition works shall be reported in writing within a reasonable timescale to the Local Planning Authority. The contamination shall be subject to further risk assessment and remediation proposals agreed in writing with the Local Planning Authority. The development must be completed in accordance with any further agreed amended specification of works.

 

14 Flood Risk Assessment and Drainage Strategy

The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment, Issue 01 received by the Local Planning Authority (KRS.0297.042.R.001.A) June 2022.

 

15 Preservation of heritage assets during construction

No development/site restoration shall commence until fencing has been erected around Area 1 to a design approved by the Local Planning Authority in writing. No works shall take place within the area inside that fencing unless in accordance with Outline Construction Method Statement (Archaeology): California Farm Solar and Battery Energy Storage Development ('Report No: SRE1130/OCMS(ARCHAEOLOGY)'), submitted by Sirius Planning. This includes works undertaken during restoration of the site.

 

16 Preservation of heritage asset through foundation design

No work shall take place in Area 1 unless it is in accordance with Outline Construction Method Statement (Archaeology): California Farm Solar and Battery Energy Storage Development ('Report No: SRE1130/OCMS(ARCHAEOLOGY)'), submitted by Sirius Planning.

 

17 Recording of a heritage asset through a phased programme of archaeological works

 

A)No demolition/development shall take place/commence until a phased programme of archaeological work relating to Area 2 including a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. This shall include trial trenching of Area 2 and proviso for any further mitigation works necessary following the evaluation. The scheme shall include an assessment of significance and research questions; and:

 

1.The programme and methodology of site investigation and recording

 

2.The programme for post investigation assessment

 

3.Provision to be made for analysis of the site investigation and recording

 

4.Provision to be made for publication and dissemination of the analysis and records of the site investigation

 

5.Provision to be made for archive deposition of the analysis and records of the site investigation

 

6.Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.

 

B)No demolition/development shall take place until the site investigation has been carried out in accordance with the Written Scheme of Investigation approved under condition (A).

 

C)The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

 

18 External lighting

Notwithstanding the submitted details should any external lighting be required at either the construction or operational phases of the development, details of such lighting including measures to prevent light spillage, shall be submitted to and approved in writing by the Local Planning Authority. Any such external lighting as approved shall be installed in accordance with the approved details and shall be retained as such for the lifetime of the development.

 

19 Ground Clearance Works

To avoid disturbance to breeding birds, ground clearance works, and vegetation removal should be undertaken prior to the bird-breeding season (March to August, inclusive). If this is not possible, the area should   be checked prior to removal of vegetation or ground works by an experienced ecologist and works undertaken under the supervision of the ecologist.

 

20 Enhancements for Breeding Birds

The Enhancements as details in the submitted Breeding Bird Report June 2022 (Section 6.17 shall be implemented in full prior to the completion of the development.

 

21 Great Crested newts

Work shall be undertaken in accordance with the Precautionary Method Statement Great Crested Newt Report June 2022.

 

 

INFORMATIVE OF REASON FOR PLANNING APPROVAL

Informative: Working Practices

The Local Planning Authority has worked in a positive and proactive manner and sought solutions to problems arising in dealing with the planning application by seeking a revised scheme to overcome issues and by the identification and imposition of appropriate planning conditions.

 

Informative: PRoW

At no stage during the construction of the development should the PRoW be blocked or made unsafe for users.