Agenda item

22/00213/FUL - Installation of a solar farm comprising of ground mounted bifacial solar panels, access tracks, string inverters, transformers, substation, storage containers, underground cables and conduits, perimeter fence, temporary construction compound and associated infrastructure and planting scheme (Supplementary Heritage Statement received 1 June 2022, amended site layout plan received 22 June 2022, additional Biodiversity Management Plan received 19 July 2022, amended site layout plan, mitigation plans and biodiversity management plan received 11 October 2022, biodiversity metric received 12 October 2022 and amended biodiversity management plan received 14 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 Council Environmental Health Officer, National Highways, Network Rail, British Transport Police, Durham County Council’s Archaeology Section, the Council’s Ecology Officer, the Council’s Rights of Way Officer, the Heritage Action Zone Project Officer, one letter of support received, the support of Whessoe Parish Council, the objections of the Friends of the Stockton and Darlington Railway, the objections of CPRE Durham, the objections of Durham Bird Group, the objections of Savills, on behalf of Hellens Land and Homes England, and the views of the Applicant, one Objector and one Supporter, whom the Committee heard).

 

RESOLVED – That Planning Permission be granted subject to the completion of a Section 106 Agreement and 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 after 5 years from the commencement of development.  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 above and below ground to a depth of a minimum of 1000mm 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 does not export electricity for a continuous period of 12 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.  Alternatively, valid reasoning for the inactivity of the development should be provided in writing to the Local Planning Authority not later than 12 months following the last export of electricity.

 

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)         Proposed site layout plan, drawing number GBR.0008.DEV.MA.001.0.O dated 11.10.2022

(b)         Proposed mitigation plan, Figure LV5, Version 1, dated 11.10.2022

(c)          Proposed mitigation plan, Figure LV5, Version 2, dated 11.10.2022

(d)         Typical solar panel, Figure 3

(e)         Typical arrangement of solar panel rows, Figure 4

(f)          Typical transformer unit, Figure 5

(g)         Typical client substation/control room, Figure 6

(h)         Typical DNO substation, Figure 7

(i)          Typical substation fencing, Figure 8

(j)          Typical cable trench detail, Figure 9

(k)         Typical storage unit, Figure 10

(l)          Proposed site entrance, Figure 11

(m)        Typical site track detail, Figure 12

(n)         Typical ditch crossing, Figure 13

(o)         Typical site fence, Figure 14

 

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

 

5.           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

 

6.           Prior to the commencement of the development, a Construction Management Plan (CMP) shall be submitted to and approved in writing by the Local Planning Authority.  The plan shall include the following, unless the Local Planning Authority dispenses with any requirement(s) specifically and in writing:

 

(a)         Dust Assessment Report which assesses the dust emission magnitude, the sensitivity of the area, risk of impacts and details of the dust control measures to be put in place during the construction phase of the development.  The Dust Assessment Report shall take account of the guidance contained within the Institute of Air Quality Management “Guidance on the assessment of dust from demolition and construction” February 2014

(b)         Methods for controlling noise and vibration during the demolition and construction phase and shall take account of the guidance contained within BS5228 “Code of Practice for noise and vibration control on construction and open sites”

(c)          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 and residential amenity.

 

7.           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.

 

8.           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.

 

9.           Precise details of the boundary fencing shall be submitted to and approved in writing by the Local Planning Authority in consultation with National Highways prior to the commencement of the development.  The details shall include details of the height, design and location of the fence.  The development shall not be carried out otherwise than in complete accordance with the approved details.

 

REASON – In the interests of the safe and efficient operation of the A1(M) Motorway and to ensure that National Highways retain reasonable access onto motorway land and that opportunities for errant access are reasonably minimised.

 

10.        No development shall commence of any phase of the development until a Construction and Traffic Management Plan (CTMP) for the development has been submitted to and approved in writing by the Local Planning Authority.  The CTMP shall specifically include:

 

•            Access arrangements specifically ensuring that the site is not at any stage accessed from the Strategic Road Network (SRN)

•            Impacts from the construction site on the A1(M)

•            Workforce/contractor parking and access; and

•            Details of delivery arrangements

 

REASON – To ensure that the A1(M) continues to serve its purpose as part of a national system of routes for through traffic in accordance with Section 10(2) of the Highways Act 1980, in the interests of road safety.

 

11.        Within 24 months of the completion and commencement of operations of the development hereby approved (such a date as to be notified to the Local Planning Authority) in the event of any complaint to the Council from Network Rail relating to signal sighting safety or driver distraction, upon notification to the Local Planning Authority, the applicant or operator of the solar farm shall as soon as possible and not later than 28 days, submit for approval to the Council details of a scheme of remedial measures to address the concerns raised with details of a timescale for the implementation of the works.  The works shall be carried out in accordance with the approved details and timescale.

 

REASON – In the interest of the safety, operational needs and integrity of the railway. 

 

12.        Development shall not commence until a construction methodology has been submitted to and approved in writing by the Local Planning Authority.  The construction methodology shall demonstrate consultation with the Asset Protection Project Manager at Network Rail.  Thereafter the development shall be carried out in accordance with the approved construction methodology unless otherwise agreed in writing by the Local Planning Authority.

 

REASON – In the interest of the safety, operational needs and integrity of the railway. 

 

13.        A suitable trespass proof fence shall be erected adjacent to Network Rail’s boundary, details of which shall be submitted to and approved in writing by the Local Planning Authority, to include provision for its future renewal and maintenance.  The fence shall be erected in accordance with the approved details and shall be maintained for the lifetime of the development.

 

REASON – In the interest of the safety, operational needs and integrity of the railway.

 

14.        Prior to the commencement of the development and any site investigation works, or at a time agreed in writing by the Local Planning Authority, a Phase 2 Site Investigation Strategy (Sampling and Analysis Plan) shall be designed and documents by a suitably competent person(s) in accordance with the published technical guidance (e.g. BS10175 and CLR11) and be submitted to and agreed in writing with the Local Planning Authority, unless the Local Planning Authority dispenses with the requirement specifically and in writing.  The Phase 2 Site Investigation Strategy (Sampling and Analysis Plan) shall be sufficient to full and effectively characterise and evaluate the nature and extent of any potential contamination and assess pollutant linkages.  No alterations to the agreed Phase 2 Site Investigation Strategy or associated works shall be carried out without the prior written agreement of the Local Planning Authority.

 

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 future users 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.

 

15.        Prior to the commencement of the development, or at a time agreed in writing by the Local Planning Authority, a Phase 2 Site Investigation works shall be conducted, supervised and documented by a suitably competent person(s) and carried out in accordance with the approved Phase 2 Site Investigation Strategy (Sampling and Analysis Plan).  A Phase 2 Site Investigation and Risk Assessment Report prepared by a suitably competent person(s) in accordance with the published technical guidance (e.g. BS10175 and CLR11) and shall be submitted to and agreed in writing with the Local Planning Authority unless the Local Planning Authority dispenses with the requirement specifically and in writing.

 

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 future users 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.

 

16.        Prior to the commencement of the development or at a time agreed in writing by the Local Planning Authority, a Phase 3 Remediation and Verification Strategy shall be prepared by a suitably competent person(s) to address all human health and environmental risks associated with the contamination identified in the Phase 2 Site Investigation and Risk Assessment.  The Remediation and Verification Strategy which shall include an options appraisal and ensure that the site is suitable for its new use and no unacceptable risks remain, shall be submitted to and agreed in writing with the Local Planning Authority, unless the Local Planning Authority dispenses with the requirement specifically and in writing.

 

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 future users 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.

 

17.        Any contamination not considered in the Phase 3 Remediation and Verification Strategy, but identified during subsequent construction/remediation works, shall be reported in writing within a reasonable timescale to the Local Planning Authority.  The contamination shall be subject to a further risk assessment and remediation proposals agreed in writing with the Local Planning Authority and the development 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 future users 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.

 

18.        The Phase 3 Remediation and Verification works shall be conducted, supervised and documented by a suitably competent person(s) and in accordance with the agreed Phase 3 Remediation and Verification Strategy.  No alterations to the agreed Remediation and Verification Strategy or associated works shall be carried out without the prior written agreement of the Local Planning Authority.

 

A Phase 4 Verification and Completion Report shall be compiled and reported by a suitably competent person(s), documenting the purpose, objectives, investigation and risk assessment findings, remediation methodologies, validation results and post remediation monitoring carried out to demonstrate the completeness and effectiveness of all agreed remediation works conducted.  The Phase 4 Verification and Completion Report shall be submitted and agreed in writing by the Local Planning Authority within 2 months of completion of the development or at a time agreed unless the Local Planning Authority dispenses with the requirement specifically and in writing.

 

The development site or agreed phase of development site shall not be occupied until all of the approved investigation, risk assessment, remediation and verification requirements relevant to the site (or part thereof) have been completed, reported and approved in writing by the Local Planning Authority.

 

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 future users 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.

 

19.        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.

 

20.        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). 

 

21.        The development permitted by this planning permission shall only be carried out in accordance with the approved Burtree Lane Solar Farm Flood Risk Assessment & Drainage Strategy, Version 3.0 RAB:2681L dated 4th March 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

 

22.        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 known 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. 

 

23.        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.

 

24.        Prior to the commencement of the development hereby approved, details of a scheme to include the upgrading of the section of Footpath No. 6 in the Parish of Whessoe within the application boundary and under the applicant’s control shall be submitted to and approved in writing by the Local Planning Authority.  Thereafter the upgrading works shall be implemented in accordance with the approved details and shall be available for use prior to the first exporting of power from the approved development.

 

REASON – To comply with Local Plan Policy ENV2.

 

25.        Prior to the commencement of the development hereby approved, details of a scheme for the siting and design of an information board along the route of Footpath No. 6 in the Parish of Whessoe within the application boundary to promote understanding of the Stockton and Darlington Railway in this location shall be submitted to and approved in writing by the Local Planning Authority.  Thereafter the information board shall be provided in accordance with the approved details and prior to the first exporting of power from the approved development.

 

REASON – To comply with Local Plan Policy ENV2.

 

26.        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

 

27.        Prior to the commencement of the development hereby approved, pre-construction survey checks shall be undertaken for the presence of badgers and water voles, 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.