Agenda item

Proposal: Installation of solar farm with associated battery storage, comprising ground mounted solar photovoltaic panels, including mounting systems, inverters and transformers, electrical substation, underground cabling, stock proof fencing, CCTV, internal access tracks and associated infrastructure for a temporary period of 40 years

Location: Pastures Farm, High Dike, Welby

Recommendation: To authorise the Assistant Director – Planning & Growth to GRANT planning permission, subject to conditions.

Proposal: Installation of solar farm with associated battery storage, comprising ground mounted solar photovoltaic panels, including mounting systems, inverters and transformers, electrical substation, underground cabling, stock proof fencing, CCTV, internal access tracks and associated infrastructure for a temporary period of 40 years

Location:Pastures Farm, High Dike, Welby

Recommendation: To authorise the Assistant Director – Planning & Growth to GRANT planning permission, subject to conditions.

 

Noting comments in the public speaking session by:

 

Londonthorpe & Harrowby Without Parish Council                Cllr Alan Bowling

Agent                                      Charlie Mayer (Arcadis Consulting (UK) Limited)

 

Together with:

 

·       Provisions within South Kesteven Local Plan 2011-2036, Lincolnshire Minerals and Waste Local Plan: Core Strategy and Development Management Policies DPD, Design Guidelines for Rutland and South Kesteven Supplementary Planning Document, National Planning Policy Framework (NPPF), National Policy Statement for Energy (EN1) and National Policy Statement for Renewable Energy (EN3).

·       No comments received from Association of Gardens Trust

·       No comments received from Civil Aviation Authority

·       Comments received from Defence Infrastructure Organisation

·       No comments received from Environment Agency

·       Comments received from Heritage Lincolnshire

·       Comments received from Historic England

·       No comments received from Black Sluice Internal Drainage Board

·       No comments received from Lincolnshire County Council (Highways & SuDS)

·       No comments received from Lincolnshire County Council (Minerals)

·       No comments received from Lincolnshire County Council (Planning Policy)

·       No comments received from Lincolnshire Fire and Rescue

·       No comments received from Lincolnshire Wildlife Trust

·       Comments received from Londonthorpe and Harrowby Without Parish Council

·       Comments received from Natural England

·       Comments received from National Trust

·       Comments received from North Kesteven District Council

·       No comments received from National Grid

·       No comments received from National Trust

·       Comments received from SKDC Conservation Officer

·       Comments received from SKDC Environmental Protection Officer

·       Comments received from Welby Parish Council

 

During questions to Public Speakers, Members commented on:

 

·       Further clarification was sought around problems with deer and bats within the vicinity of the proposal.

 

The Public Speaker noted that a large herd of deer (between 30-60) had been pictured within the proposed site. The deer used the proposed site as a route between two forest areas of land. It was stated that the road near the site was a deer accident hotspot.

 

It was further clarified that bats had been seen within the area during the night. The battery units would run through the night generating noise, which may impact hunting capabilities for the bats.

 

·       It was queried how many species of bats had been seen within the area.

 

It was unknown as to the type of species of bats. It was clarified that the species of deer were large deer, rather than smaller muntjac deer.

 

·       It was queried whether the land was currently being used for sheep grazing.

 

The Applicant confirmed the land was currently not being used for grazing, however, the farmer had plans to use the land for grazing, if the development was approved.

 

·       Concern was raised on the placement of PV panels not being feasible to allow sheep grazing.

 

The Applicant clarified the solar panel would be on trackers and slightly raised at a pivot of 2.3 metres above ground level which allow space for sheep grazing beneath the panels.

 

·       It was queried under what conditions 46MW would be produced.

 

46MW was a maximum export capacity to the grid. The generation was though a bell curve throughout sunrise and sunset. Maximum generation tended to be more towards summer and the middle of the day. In legislation, maximum capacity was limited to 50MW for planning applications. Schemes with a larger generating capacity would be assessed as a Nationally Significant Infrastructure Project.

 

·       One Member queried the average daily energy generation, based on a yearly assessment.

 

There was a government-based statistic that looked at generation in terms of the number of homes powered. This information for the proposal was included within the report.

 

·       The Applicants were queried as to how they would mitigate a safe passage for wildlife, in line with Policy DE1.

 

The Applicant’s had engaged with ecological consultants and no major impact on wildlife had been identified.

 

·       It was further queried whether a wildlife passage or channel could be managed by plantation or whether the site would be completely fenced off.

 

The Applicant confirmed corridors between the hedgerows and the fence line which the deer would be able to travel through. The proposed site itself would have fencing around the perimeter but would be set back 4-5 metres from the hedgerow.

 

The Principal Planning Officer provided a visual representation of the wildlife corridors available.

 

·       Whether anything would be put into place to guide the deer to the appropriate route, rather than their original route.

 

It was clarified that the High Dyke had continuous hedgerow and the proposed would be for the road, then the hedgerow then the fencing within the fields and in between the hedgerow and the solar panels. This would not impact the deer crossing the High Dyke.

 

·       Clarification was sought on the number of solar panels and battery storage units proposed.

 

There would be roughly under 100,000 solar panels across the site. The battery storage units were grouped into 5 sets of 8.

 

·       How long production of green energy would take to cover the manufacturing, transportation and installation of 100,000 panels and 40 battery storage units.

 

Government statistics had been published which outlined the total life cycle carbon footprint of solar was lower than any other type of generation.

 

One Member informed the Committee that Mallard Pass would take between 10-12 years in terms of timings to produce green energy to cover the manufacturing, transportation and installation of the site.

 

·       Concern was raised on impacts on nearby neighbouring properties and whether the site would generate further traffic and noise.

·       Whether all electricity produced would be fed into the grid and whether there would be any financial benefit on electricity bills for residents within the neighbourhood.

 

As part of the development, there would be a community benefit fund where money would be transferred to Londonthorpe and Welby Parish Councils to spend on community projects. Members were reminded that this was not a material planning consideration and could not be taken into account in the assessment of the application.

 

Following a noise assessment, there was a little to very low impact on noise. A 3-metre barrier was proposed to be erected around the edges of the battery storage area which would significantly reduce noise impact within that farm.

 

During construction period, there would be a limited impact from construction vehicles assuming that the Grantham Southern Relief Road was completed by that point. Construction vehicles would turn off the A1 and onto the new relief road onto the High Dyke and would avoid the centre of town entirely.

 

The peak number of vehicles accessing the site during the construction was about 10 HGV’s and 50 cars and low-goods vehicles per day which equated to 1-2 HGVs per hour or 8-9 cars an hour at construction peak and construction would las between 6-9 months.

 

A Cabinet Member from Lincolnshire County Council Highways had advised it was unknown when the Grantham Southern Relief Road would be completed. This proposal was due to start within 3 years, if approved.

 

·       It was queried whether the Applicant would replace the proposed panels with more efficient ones if they became available, which would enable half the land to be released but also generate the 46MW.

 

The Applicant clarified that newer panels would require a whole reconstruction of the site. It was not their intention to fulfil this for this proposal to repower. 

 

·       Whether the Royal Air Force had indicated concerns regarding potential interference and the type of grass proposed that wouldn’t attract a flock of birds to the site.

 

Electrical interference was conditioned and a plan would be agreed and need to be discharged by the Council as usual with any condition.

 

The bird strike risk related to the landscaping of the site itself and ensuring it was appropriately managed. Condition 12 of the schedule of conditions referred to a landscape and ecological management plan.

 

During question to Officers and debate, Members commented on:

 

·       Whether the solar panels would decline in efficiency after a 10-year period.

 

Conditions within the report limited the output to 46MW. A condition outlined operational management plans which secured the potential replacement of panels to ensure electricity was produced effectively. Further conditions were in place if panels were producing power output effectively via a decommissioning scheme

 

·       The temporary period of 40 years was queried and how the recommendation would differ for a permanent site.

 

The DM Manager clarified that a temporary 40 year timeframe was Government Policy and was recognised within the industry at present. 40 years was based on the effective lifespan of the solar panels, as they would degrade over a period of time and technology was improving.

 

·       Whether the math to work out electricity output of the panels was an industry standard.

 

It was confirmed the output would depend on the type of panels, context and landscape of where they were situated and gradient of land. It was noted that tracker panels made better use by following the direction of the sun. The inclusion of the battery storage allowed the scheme to make best use of the land.

 

·       Whether the highest part of the proposed land had detrimental impact to Belton House, Grantham.

 

Consultee responses from The Gardens Trust and Historic England accepted they felt there was no harm to the asset, taking into account the cumulative potential of other sites.

 

·       The benefits of reducing carbon emissions were queried and concern was raised on the benefits of increased biodiversity against the decrease.

 

The biodiversity net gain metric looked at the baseline habitat where there was a minimum requirement to provide the 10% net gain. Offsets would need to be put into place if the biodiversity net gain decreased. Conditions covered biodiversity net gain, ecological mitigations and the construction management plan had an ecological scheme of works.

 

·       Whether the battery storage would allow electricity to be staggered into the main grid. Concern was raised that the substation would be at over capacity with 3 developments of this nature within the vicinity.

 

The availability of capacity was unknown. The 3 developments would require their own agreements in place in terms of connection points to the grid, which would include capacity of the grid.

 

·       Concern was raised that the application be completed prior to the Grantham Southern Relief road. It was queried whether the traffic management plan could look into the use of best roads to use for HGV’s outside of the town centre.

·       Whether an informative note could be included that the traffic management plan avoided Gainsborough Corner.

 

The wording of a condition allowed for the routing of construction vehicles to be agreed at a different point of the process.

 

It was confirmed that landscaping plans covered the concerns received from National Trust.

 

·       The percentage of cumulative impact on character and appearance and the agricultural land was queried.

 

Planning Authorities were unable to compel landowners to use land for agriculture and had no control over the process. As the scheme would be returned to agricultural land after the 40-year operational period, the Inspector felt there was no loss of agricultural land.

 

·       How many days ‘back-up’ could be provided by the battery storage facility proposed, in the event of bad weather.

·       It was queried how the Ministerial Statement on BMV protection linked into the Inspectors comment around BMV.

 

For solar developments, there was a sequential approach that Applicant’s should take on avoiding certain grades of land. Grade 3A and 3B, such as the site proposed. Recognition from appeals of a similar nature had received high level mapping from Natural England had sequential testing could not expect Applicant’s to soil test on land not within their ownership. The Ministerial Statement was still relevant in avoiding best and most versatile land.

 

·       Whether Fire and Rescue had sufficient water supply and whether the site would have access for an 18 tonne vehicle.

 

The battery energy storage systems had water tanks as part of the development. The available amount of water exceeded the requirements stated by Lincolnshire Fire and Rescue.

 

Part A of Condition 7 had the requirement for the construction management plan to include details of the access construction to ensure emergency vehicles could access the site.

 

·       Whether a condition could be included that the acoustic barrier for the battery storage could blend in with the landscape.

 

Condition 16 required the acoustic barrier to be implemented. The condition could include the need for details of an acoustic barrier to be submitted for approval.

 

One Member felt it was wrong to remove agricultural land from use for 40 years at a time when food security was becoming increasingly important.

 

It was proposed, seconded and AGREED to authorise the Assistant Director – Planning & Growth to GRANT planning permission, subject to conditions:

 

Time Limit for Commencement

Time Limit for Commencement

1)    The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

Reason: In order that the development is commenced in a timely manner, as set out in Section 91 of the Town and Country Planning Act 1990 (as amended).

Temporary Permission Limits

2)    Written confirmation of the first export date shall be provided to the Local Planning Authority no later than 20 days following the event. The development hereby permitted shall cease on or before the expiry of a 40 year period from the date of the first export of electricity from the solar farm to the electricity grid network; excluding electricity exported during initial testing and commissioning.

The land shall thereafter be restored to its former condition in accordance with a scheme of decommissioning work (“Decommissioning Scheme”) which shall make provision for the removal of the solar panels and all other associated equipment, and the subsequent restoration of the site. The scheme shall include details of:

(1)  The extent of equipment and foundation removal, and the site restoration to be carried out;

(2)  The management and timing of any works;

(3)  A Traffic Management Plan to address the likely traffic impacts arising during the decommissioning period.

(4)  An Environmental Management Plan to include details of measures to be taken during the decommissioning period to protect wildlife, habitat features and trees on the site.

(5)  The location of any temporary compound and parking areas.

(6)  Full details of the removal of the solar arrays, associated buildings and plant, any access tracks and sub-surface cabling and all associated ground restoration, including trench backfilling.

(7)  Full details of all other works to the land to allow for renewed agricultural production following the removal of structures from the site.

(8)  A programme of implementation.

The Decommissioning Scheme shall be submitted to and approved in writing by the Local Planning Authority, no later than 39 years from the date of the first export of electricity and shall be subsequently implemented as approved.

Reason: The proposed development has a 40 year operational period, and to ensure that the site is fully restored to allow for agricultural use, and to maintain the rural landscape character of the area.

Approved Plans

3)    The development hereby permitted shall be carried out in accordance with the following list of approved plans:

a.    Proposed Site Layout (Ref: IGP-02)

b.    Proposed PV Mounting Structure (Ref: IGP-03)

c.     Proposed 33kV Substation (Ref: IGP-04)

d.    Proposed BESS and Conversion Unit (Ref: IGP-05)

e.    Proposed Battery Energy Storage Unit (Ref: IGP-06)

f.      Proposed Battery Energy Storage Water Tanks (Ref: IGP-07)

g.    Proposed CCTV Pole Details (Ref: IGP-08)

h.    Proposed Deer Fence Details (Ref: IGP-09)

i.      Proposed Weldmesh Fence Details (Ref: IGP-10)

j.      Drainage Strategy Plan (Ref: 30183533-ARC-SW-XX-RP-CE-0001)

k.     Landscape Mitigation Plan (Ref:   30183533-ARC-ELS-ZZ-DR-LV-00016-S2-P01)

Unless otherwise required by another condition of this permission.

Reason: To define the permission and for the avoidance of doubt.

Power Output

4)    The exported output of the solar farm hereby approved must not exceed 46 MW (AC).

Reason: To define the permission and ensure that the output of the proposal remains below the limitations allowed under the Town and Country Planning Act.

Before the Development is Commenced

Heritage / Archaeology

Archaeological Mitigation Plan

5)    Before the development hereby permitted is commenced, an Archaeological Mitigation Strategy shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall include:

a.    A Written Scheme of Investigation for further archaeological evaluation of the cable connection route

b.    A plan illustrating the location of archaeological remains on the site;

c.     Areas which are designated for archaeological monitoring and recording;

d.    Proposals to ensure that significant archaeological remains are protected or, if appropriate, set out a programme of further archaeological works to ensure that they are recorded in advance of works on site;

e.    A programme for the implementation of the archaeological mitigation strategy.

Thereafter, all works on site shall be carried out in accordance with the approved Archaeological Mitigation Strategy.

Reason: In order to provide a reasonable opportunity to record the history of the site and in accordance with Policy EN6 of the adopted South Kesteven Local Plan.

Materials Details

6)    Before any part of the development hereby permitted is commenced, a specification of the materials to be used (including the use of any non-reflective panels) in the construction of external surfaces of the development shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure a satisfactory appearance to the development and in accordance with Policy DE1 and EN1 of the adopted South Kesteven Local Plan; and to ensure that the development does not result in any harm to nearby heritage assets as required by Policy EN6 of the adopted Local Plan.

Biodiversity / Ecology

Construction Environmental Management Plan

7)    Before any part of the development hereby permitted is commenced, a detailed Construction Environmental Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The submitted CEMP shall be based on the submitted Outline Construction Environmental Management Plan (OCEMP) (Arcadis) (May 2024) and shall include measures to mitigate against the adverse effects of vehicular movements and noise and means to manage the drainage and ecological impacts of the construction stages of the development. The detailed CEMP shall include:

a.    Details of access construction to ensure that the proposed development can be accessed by emergency vehicles.

b.    Construction hours

c.     The routing of all construction vehicles

d.    The parking of all vehicles and site operatives

e.    The loading and unloading of all plant and materials

f.      The storage of all plant and materials used in constructing the development

g.    Wheel washing facilities

h.    Ecological Management Plan, including appointment of an Ecological Clerk of Works, and the implementation of Natural England licences as required.

i.      Relevant details of the archaeological mitigation strategy for the protection of retained features during the construction period.

The approved CEMP shall be strictly adhered to throughout the construction period.

Reason: To minimise the effects of the construction stage of the development on the highway, and ecological and archaeological assets.

Tree Protection & Arboricultural Method Statement

8)    No works pursuant to this permission shall commence until a final detailed arboricultural method statement and protection plan for the protection of the retained trees and hedgerows have been submitted to and approved in writing by the Local Planning Authority.

The protection scheme and plan shall be completely implemented prior to site preparation, clearance and building works, starting on site and not removed until entirely complete. The protection scheme must include details of all trees and hedgerows to be retained and positioning of protection fencing and ground covers to create construction exclusion zones. No retained tree or hedgerow shall be cut down, uprooted, or destroyed, nor shall any retained tree or hedgerow be pruned in any manner without the prior written approval of the Local Planning Authority.

Reason: To protect the trees from unnecessary damage during the construction period, and in accordance with Policy DE1 (Good Quality Design) and Policy EN2 (Protecting Biodiversity and Geodiversity) of the adopted South Kesteven Local Plan 2011-2036.

Flood Risk and Drainage

Surface Water Management Plan

9)    The development hereby permitted shall not be commenced until such time as a scheme for the disposal of surface water in the event of a fire within the battery energy storage system (BESS) have been submitted to and approved in writing by the Local Planning Authority.

Thereafter, the approved scheme shall be implemented before the development hereby permitted is first brought into use, and shall be retained and maintained in full for the lifetime of the development.

Reason: To ensure that the proposed development does not give risk to an unacceptable risk of surface water flooding and groundwater pollution, as required by Policy EN4 and EN5 of the adopted South Kesteven Local Plan.

Aircraft and Associated Activities

Electrical Noise Interference Management Plan

10)No works pursuant to this permission shall commence until such time as an Electrical Noise Interference Management Plan (ENIMP) has been submitted to and approved in writing by the Local Planning Authority in consultation with the Ministry of Defence. The submitted ENIMP shall contain, but not be limited to:

a.    Manufacturers specifications for any generating and associated infrastructure to be installed at the site, to include any inverters, substations, PV panels and any associated cables (including all interconnecting cables as well as the export cables to the national grid) and connectors

b.    Details of measures designed to prevent electrical noise interference being caused to transmitter/receiver technical installations at RAF Barkston Heath

c.     A schedule setting of how the development will be operated, maintained and tested throughout its lifetime to ensure that any electrical noise interference on transmitter/receiver technical installations at RAF Barkston Heath is prevented; and

d.    A protocol through which the site operator can be notified of electrical noise interference issues or observations, the measures that would be taken to investigate, and a description of the approach to resolving/mitigating those impacts.

The provisions set out in the approved ENIMP and any modifications or mitigation, as agreed in writing by the Local Planning Authority shall be maintained for the lifetime of the development. No electrical component or electrical equipment not specified in the approved ENIMP shall be installed or operated within the site without the express written consent of the Local Planning Authority, in consultation with the Ministry of Defence.

Reason: In the interests of maintaining the effective operation of national defence infrastructure and to maintain aviation safety.

During Building Works

Biodiversity / Ecology

Ecological Mitigation

11)All works on site during the construction period shall be carried out in accordance with the recommendations contained within Section 3 of the Ecological Impact Assessment (Clarkson and Woods) (May 2024), including reasonable avoidance measures for protected species and the provision and retention of skylark mitigation plots.

Reason: In the interests of best ecological practice and in accordance with Policy EN2 (Protecting Biodiversity and Geodiversity) of the adopted South Kesteven Local Plan.

Before the Development is Operational

Landscape and Visual Impact

Landscape and Ecological Management Plan

12)Before the solar development hereby permitted is operational, a Landscape and Ecological Management Plan (LEMP) shall have been submitted to and approved in writing by the Local Planning Authority and shall include details of the management and monitoring of the site during the operational period.

Reason: To protect and enhance the existing landscape features on the site, and to mitigate the harm to the landscape and visual characteristics of the area as a result of the development; and in accordance with Policy EN1 (Landscape Character), EN2 (Protecting Biodiversity and Geodiversity) and DE1 (Promoting Good Quality Design) of the adopted South Kesteven Local Plan.

Landscaping Implementation

13)Before the end of the first planting / seeding season following the date when electrical power is first exported (“first export date”), all landscaping works shown on the approved Landscape Mitigation Plan (Ref: 30183533-ARC-ELS-ZZ-DR-LV-00016-S2-P01) shall have been carried out in full, unless otherwise required by another condition of this permission,

Reason: To mitigate the harm to the rural character caused by the proposal and to secure a biodiversity net gain and in accordance with Policy EN1 (Landscape Character) and Policy EN2 (Protecting Biodiversity and Geodiversity) of the adopted South Kesteven Local Plan.

External Material Implementation

14)Before the development is operational, the external appearance of all built form on the site shall have been completed in accordance with the details approved by Condition 6 above.

Reason: To ensure a satisfactory appearance to the development and in accordance with Policy DE1 (Promoting Good Quality Design) of the adopted South Kesteven Local Plan.

Access / Highways

Operational Environmental Management Plan

15)Before the date of the first export of electricity from the development hereby permitted, an Operational Environmental Management Plan (OEMP) relating to any maintenance or repair works of the approved development shall be submitted to, and approved in writing by the Local Planning Authority.

Reason: To ensure that the solar farm continues to generate electricity; and to mitigate the impacts of any further construction works required for the repair or replacement solar arrays; in accordance with Policy RE1 (Renewable Energy Generation) of the adopted South Kesteven Local Plan.

Pollution Control

Noise Mitigation Implementation

16)Before the date of the first export of electricity from the development hereby permitted, a 3m high acoustic barrier to the Battery Energy Storage System (BESS) shall be installed, as indicated on Figure 6-5 of the submitted Noise Assessment (ref: 30183533-ARC-NOI-REP-00001/Rev 02), in accordance with details which shall have first been submitted to and approved in writing by the Local Planning Authority.

Thereafter, the acoustic barrier shall be retained and maintained for the lifetime of the development.

Reason: To ensure that the solar farm does not give rise to any unacceptable adverse noise impacts on residential amenity, and to ensure that the development operates as assessed; and in accordance with Policy EN4 and DE1 of the adopted South Kesteven Local Plan.

Ongoing

Landscape and Visual Impact

Lighting Details

17)No permanent illumination of the site shall be permitted unless otherwise agreed in writing by the Local Planning Authority. In such circumstances, prior to the erection of any external lighting on site, a lighting plan shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and thereafter retained for the lifetime of the development.

Reason: To protect the rural character of the site and in accordance with Policy EN1 (Landscape Character) of the adopted South Kesteven Local Plan.

Compliance with LEMP

18)The approved development must be carried out in accordance with the approved Landscape and Ecological Management Plan.

Reason: To protect and enhance the existing landscape features, and to mitigate the harm to the landscape and visual characteristics of the area as a result of the development; and in accordance with Policy EN1 and DE1 of the adopted Local Plan.

Landscape Protection

19)Within a period of five years from the first export date, any trees or plants provided as part of the approved Landscaping Plan that die or become, in the opinion of the Local Planning Authority, seriously damaged or defective, shall be replaced in the first planting season following any such loss with a specimen of the same size and species, unless otherwise agreed by the Local Planning Authority.

Reason: To mitigate the harm to the rural character caused by the proposal and to secure a biodiversity net gain and in accordance with Policy EN1 (Landscape Character) of the adopted Local Plan.

Early Decommissioning

20)In the event that the site ceases to generate electricity for a period of 12 months prior to the cessation of the 40 year period, a scheme of Decommissioning Works (“Early Decommissioning Scheme”) shall be submitted no later than 6 months from the end of the 12 month non-electricity generating period to the Local Planning Authority for approval in writing. The early decommissioning scheme shall include the same details required under the Decommissioning Scheme set out in Condition 2 of this permission.

Thereafter, the early decommissioning scheme shall be carried out in accordance with the approved details.

Reason: To ensure that the solar farm continues to generate electricity or is otherwise removed to the benefit of the character and appearance, and agricultural productivity of the District; in accordance with Policy EN1 and RE1 of the adopted South Kesteven Local Plan.

 

(Councillor Tim Harrison and Max Sawyer voted against this proposal)