Agenda item

22/01329/FUL - Proposed ground mounted solar farm consisting of the Installation of 49.9MW solar photovoltaic array/solar farm with associated infrastructure (additional health impact assessment and battery safety management plan received 20th January 2022, response to Northern Gas objection received 9th February 2023, Written Scheme of Investigation received 16th March 2023, Trial Trench Evaluation report received 28th June 2023 and amened Trial Trench Evaluation report received 20th July 2023).

 

(In making its decision, the Committee took into consideration the Planning Officer’s report (previously circulated), the views of the Council’s Highways Engineer, the Environmental Health Officer, Arboricultural Officer, Climate Change Officer, the Lead Local Flood Authority, the Council’s Conservation Adviser, the Council’s Ecology Adviser, the Council’s Rights of Way Officer, Northumbrian Water, the Environment Agency, Teesside Airport, Northern Gas Network, the Health and Safety Executive, Stockton Borough Council, the recommendations of the Durham County Council Archaeology, five letters of objection received, four letters of representation received, the objections of Sadberge Parish Council, the objections of Bishopton Parish Council, the objections of East and West Newbiggin Parish Meeting, and the views of the Applicant, whom the Committee heard).

 

RESOLVED – That Planning Permission be granted subject to the following conditions:

 

1.      The development hereby approved shall be commenced not later than 7 years from the date of this permission.

 

REASON – In order to comply with the provisions of Section 91(1)(b) of the Town and Country Planning Act, 1990.

 

2.      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.  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 Authority in writing.  The approved details shall then be implemented in full within 6 months of approval of those details.

 

REASON - The proposed development has a limited lifetime and when that point is reached the land should be restored to its previous character and appearance and to productive agricultural use. 

 

3.      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. 

 

REASON - The proposed development has a limited lifetime and when that point is reached the land should be restored to its previous character and appearance and to productive agricultural use.

 

4.      The development hereby approved shall be carried out in accordance with the following plans and documents:

 

(a) Development area plan, drawing number 4449-PUB-028, dated 15.12.2022

(b) Indicative site layout, drawing number 4449_DR_P_0003, dated 24.08.2022

(c) Landscape mitigation plan, drawing number 4449_DR_P_0004, dated 17.08.2022

(d) Typical PV panel section, drawing number 4449_DR_P_0005, dated 17.08.2022

(e) Inverter/transformer, drawing number 4449_DR_P_0006, dated 17.08.2022

(f) Security fencing and CCTV, drawing number 4449_DR_P_0007, dated 17.08.2022

(g) Security gate, drawing number 4449_DR_P_0008, dated 17.08.2022

(h) Access track cross-section, drawing number 4449_DR_P_0009, dated 17.08.2022

(i) Container storage unit, drawing number 4449_DR_P_0010, dated 17.08.2022

(j) Substation compound, drawing number 4449_DR_P_0011, dated 17.08.2022

(k) Indicative temporary construction compound, drawing number 4449_DR_P_0012, dated 17.08.2022

(l) BESS battery unit elevations, drawing number 4449_DR_P_0013, dated 17.08.2022

(m) BESS PCS unit elevations, drawing number 4449_DR_P_0014, dated 17.08.2022

 

REASON - To ensure the development is carried out in accordance with the planning permission.

 

5.      Prior to the commencement of the development hereby permitted 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.

 

REASON – To ensure that any impacts on biodiversity and ecology are mitigated and that appropriate enhancement works, and biodiversity net gain are secured. 

 

6.      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.

 

REASON – In the interest of visual amenity

 

7.      Prior to the commencement of the development hereby approved (including demolition work, details shall be submitted of a scheme to protect those existing trees to be retained as part of the development.  The submitted details shall comprise generally the specification laid down within BS 5837 and where necessary shall include fencing of at least 2.3m high, consisting of a scaffolding frame braced to resist impacts, supported by a weldmesh wired to the uprights and horizontals to dissuade encroachments.  The agreed scheme of protection shall be in place before the commencement of any work, including demolition operations.  The Local Planning Authority shall be given notice of the completion of protection works prior to the commencement of any of the work to allow an inspection of the measures to ensure compliance with the approved scheme of protection.  Notwithstanding the above approved specification, none of the following activities shall take place within the segregated protection zones in the area of the trees:

 

(a) The raising or lowering of levels in relation to the existing ground levels;

(b) Cutting of roots, digging of trenches or removal of soil;

(c) Erection of temporary buildings, roads, or carrying out of any engineering operations;

(d) Lighting of fires;

(e) Driving of vehicles or storage of materials and equipment.

 

REASON – To ensure a maximum level of protection in order to safeguard the well-being of the trees on site and in the interests of the visual amenities of the area.

 

8.      No development shall commence until full details of soft landscaping has been submitted to and approved in writing by the Local Planning Authority.  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. 

 

REASON – To ensure a high quality planting scheme is provided in the interests of visual amenity which contributes positively to local character and enhanced biodiversity. 

 

9.      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.

 

REASON – In the interests of highway safety.

 

10.  Prior to the commencement of the development, precise detail of works to the site accesses (Norton Back Lane) shall be submitted to and approved in writing.   Details shall include visibility splays, swept path analysis, details of cut off drainage to prevent the discharge of surface water onto the highway, location of gates, and turning facilities for the long-term operation of the site.  The first 12m of each access/internal road shall be constructed in a sealed material (i.e., not loose gravel).

 

REASON – In the interests of highway safety.

 

11.  Prior to the solar farm hereby approved becoming operational details of the following shall be submitted to and approved in writing by the Local Planning Authority:

 

• The materials to be used to form any access tracks crossing rights of way within the site to ensure this does not present a trip hazard;

• A signage scheme to warn pedestrians and drivers of the presence of any access points crossing the rights of way within the site

 

Thereafter the access tracks shall be formed in accordance with the approved details and the approved signage shall be in place prior to the first operation of the solar farm and shall be maintained for the lifetime of the development.

 

REASON – In the interest of the safety of users of the rights of way network.

 

12.  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.

 

REASON – In the interest of residential amenity.

 

13.  Prior to the solar farm hereby approved becoming operational details of a 3m high acoustic barrier around the BESS units designed to limit the transmission of sound from the BESS shall be submitted to and approved in writing by the Local Planning Authority.  The approved barrier must be installed prior to the solar farm becoming operational and must be retained and maintained thereafter for the lifetime of the development.

 

REASON – In the interest of residential amenity.

 

14.  The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment, Long Pasture Solar Farm dated October 2022.

 

REASON – To prevent flooding be ensuring the satisfactory storage of/disposal of surface water from the site and to reduce the risk of flooding to the proposed development and future occupants.

 

15.  No development shall commence until a Written Scheme of Investigation setting out a phased programme of archaeological work in accordance with ‘Standards for All Archaeological Work in County Durham and Darlington’ has been submitted to and approved in writing by the Local Planning Authority.  The programme of archaeological work will then be carried out in accordance with the approved scheme of works.

 

REASON – To safeguard any archaeological interest in the site and to comply with part 16 of the National Planning Policy Statement.   Required to be a pre-commencement condition as the archaeological investigation/mitigation must be devised prior to the development being implemented.

 

16.  No part of an individual phase of the development as set out in the agreed programme of archaeological works shall be occupied until the post investigation assessment has been completed in accordance with the approved Written Scheme of Investigation.  The provision made for analysis, publication and dissemination of results, and archive deposition, should be confirmed in writing to, and approved by, the Local Planning Authority. 

 

REASON – To comply with paragraph 205 of the NPPF which required the developer to record and advance understanding of the significant of heritage assets, and to ensure information gathered becomes publicly accessible.