Minutes:
22/00727/FUL- Solar farm and energy storage facility together with associated works, equipment and infrastructure (cross boundary application with Stockton Borough Council) (amended site layout plan received 26 August 2022, further amended site layout plan, landscape and green infrastructure plans, addendum to LVIA (cumulative impact assessment) and response to consultees received 29 September 2022 and amended biodiversity management plan received 18 October 2022)
(In reaching its decision, the Committee took into consideration the Planning Officer’s report (previously circulated), the views of the Council’s Highway Engineer, the Environmental Health Officer, the Lead Local Flood Authority, the Council’s Conservation Adviser, the Durham County Council Archaeology Department, the Council’s Ecology Adviser, the Council’s Rights of Way Officer, seven letters of objection received, the objections of Bishopton Parish Council, the objections of CPRE Durham, and the views of the Applicant’s Agent, two Objectors and a representative of Bishopton Parish Council, whom the Committee heard).
RESOLVED – That Planning Permission be granted subject to the following conditions:
1. A3 (Standard 3 year time limit)
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) Site location plan, drawing number P20-0234_03F dated 8.6.2022
(b) Site layout plan, drawing number P20-0234_04O dated 28.9.2022
(c) Landscape mitigation proposals, drawing number P20-0234_12F dated 28.9.2022
(d) Green infrastructure plan, drawing number P20-0234_19A dated 28.9.2022
(e) Inverter station elevations, drawing number GMSF_CS21GB001_01 dated 16.5.2022
(f) Panel elevations bifacial, drawing number GMSF_CS21GB001_02 dated 16.5.2022
(g) Customer Station Elevation, drawing number GMSF_CS21GB001_04 dated 16.5.2022
(h) Cable Trench Cross Section, drawing number GMSF_CS21GB001_05 dated 16.5.2022
(i) Fence and Gates, drawing number GMSF_CS21GB001_06 dated 16.5.2022
(j) Spare Parts Building Details, drawing number GMSF_CS21GB001_07 dated 16.5.2022
(k) Battery Storage Elevations, drawing number GMSF_CS21GB001_08 dated 16.5.2022
(l) Meteo Station Details, drawing number GMSF_CS21GB001_09 dated 16.5.2022
(m) CCTV Pole Details, drawing number GMSF_CS21GB001_10 dated 16.5.2022
(n) Road Cross Section, drawing number GMSF_CS21GB001_11 dated 16.5.2022
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 hereby approved, pre-construction survey checks shall be undertaken for the presence of badgers and the results of the survey and any necessary mitigation measures required shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the approved mitigation measures shall be implemented in full.
REASON - To ensure any impacts on protected species can be appropriately mitigated.
7. 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
8. Tree protection measures outlined in the Arboricultural Impact Assessment 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. This shall include:
• Permanent perimeter site deer fencing which will provide protection to site trees and hedgerows during construction; and
• Temporary site tree protection fencing centrally within the site and described in paragraph 6.2 of the Arboricultural Impact Assessment
REASON – To safeguard and enhance the character and amenity of the site, and to avoid any reversible damage to retained trees.
9. 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.
10. 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.
11. Prior to the commencement of the development, precise detail of access(es) shall be submitted to and approved in writing. Details shall include visibility splays, 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.
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. 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.
REASON – The site may be contaminated as a result of past or current uses and/or is within 250 metres of a site which has been landfilled. To ensure that risks from land contamination to the future uses of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out without unacceptable risks to receptors, in accordance with the National Planning Policy Framework.
14. The development hereby approved shall not be commenced on site until a scheme for the implementation, maintenance and management of a sustainable surface water drainage scheme has first been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details. The scheme shall include, but not be restricted to providing, the following details:
i. Detailed design of the surface water management system (for each phase of the development)
ii. A build programme and timetable for the provision of the critical surface water drainage infrastructure
iii. A management plan detailing how surface water runoff from the site will be managed during the construction phase
iv. Details of adoption responsibilities.
REASON – To ensure the site is developed in a manner that will not increase the risk of surface water flooding to the site or surrounding area, in accordance Darlington Local Plan Policy DC2 and the National Planning Policy Framework, 2021.
15. The development permitted by this planning permission shall only be carried out in accordance with the approved Gately Moor Solar Farm Flood Risk Assessment, Issue 01 dated 17th June 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
16. The development hereby approved shall not be brought into use until:
i. Requisite elements of the approved surface water management scheme for the development, or any phase of the development are in place and fully operational to serve said development
ii. The drawings of all SUDS features have been submitted and approved in writing by the Local Planning Authority. The drawings should highlight all site levels, including the 30 year and 100 year +cc flood levels and confirmation of storage capacity
iii. A management and maintenance plan of the approved Surface Water Drainage scheme has been submitted and approved in writing by the Local Planning Authority. This should include the funding arrangements and cover the lifetime of the development.
REASON – To reduce flood risk and ensure satisfactory long-term maintenance are in place for the lifetime of the development.
17. No development shall commence until a Strategy for Archaeological Mitigation, including 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 mitigation will then be carried out in accordance with the approved strategy.
REASON – To safeguard any archaeological interest in the site and to comply with Part 16 of the National Planning Policy Framework (NPPF). This is required to be a pre-commencement condition as the archaeological investigation/mitigation must be devised prior to the development being implemented.
18. 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 safeguard any archaeological interest in the site and to comply with Part 16 of the National Planning Policy Framework (NPPF).
19. No gates shall be designed to open out from the access track which bisects Footpath No. 7 in the western part of the application site over the footpath.
REASON - To safeguard the amenities of users of the public right of way.
20. 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.
REASON – To minimise possible light pollution in the interests of visual and residential amenity
Supporting documents: