Agenda item

Proposal: Installation of solar farm, comprising ground mounted solar photovoltaic panels, including mounting systems, inverters and transformers, stock proof fencing, CCTV internal access tracks and associated infrastructure and landscaping for a temporary period of 40 years.

Location: Home Farm, Dyke Drove, Bourne

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

Proposal: Installation of solar farm, comprising ground mounted solar photovoltaic panels, including mounting systems, inverters and transformers, stock proof fencing, CCTV internal access tracks and associated infrastructure and landscaping for a temporary period of 40 years.
Location: Home Farm, Dyke Drove, Bourne
Recommendation:		To authorise the Assistant Director – Planning & Growth to GRANT planning permission, subject to conditions.
Noting comments in the public speaking session by:
District Ward Councillor	-	Councillor Zoe Lane
Lincolnshire Country Councillor	-	Councillor Sue Woolley (Written statement)
For	-	Mr William Ash, Landowner
Applicant	-	Mr Stuart Hammond

 

Together with -

 

·       Provisions within the South Kesteven (SK) Local Plan 2011-36, design guidelines for Rutland and SK Supplementary Planning Document, National Planning Policy Framework (NPPF), National Policy Statements for Energy and Renewable Energy.

·       No objections received from Bourne Town Council.

·       No objections received from the Defence Infrastructure Organisation.

·       No objections were received from the Environment Agency subject to conditions.

·       No objections were received from the Heritage Lincolnshire subject to conditions.

·       No objections received from Lincolnshire County Councils (Highways and SuDS)

·       No objections received from Lincolnshire Fire and Rescue.

·       No objections received from Natural England.

·       No objections received from SKDC Conservation Officer.

·       No comments received from Morton Parish Council.

·       No comments received from Civil Aviation Authority.

·       No comments received from SKDC Environmental Protection.

·       No comments received from Lincolnshire Wildlife Trust.

 

During questions to Public Speakers, Members commented on:

 

-       Confirmation was given by the landowner that the land identified suffered from black grass, compromising its ability for effective food production. Although the landowner was committed to the growth of crops such as milling wheat, barley, oats and peas elsewhere on the farm. The applicant confirmed the presence of black grass was a key reason for choosing the site amongst several that they had considered within the area.

-       Confirmation was also given that the landowner felt the necessity to diversify given the current financial pressure faced by farmers.

-       Members queried the intentions of the landowner after the temporary 40-year period requested by the planning application. It was confirmed that this period would allow a period of respite for the land, breaking the cycle of the black grass. Subsequently, it was possible that the land could return to food production use.

-       It was confirmed that whilst the site was known to some areas of surface water flooding, it did not regularly flood.

-       Regarding biodiversity, the landowner confirmed their intention to plant wildflowers and the planning application had accounted for buffer zones to allow deer runs.

-       The applicant also noted their intention of financial support for Dyke Village Hall to demonstrate their long-term commitment to the area. The Assistant Director of Planning and Growth noted that this was not a material consideration of Members within the merits of whether to grant planning permission.

 

Councillor Helen Crawford declared an interest as being on Dyke Village Hall Committee. However, Councillor Crawford remained open minded.

 

-       It was queried where the solar panels had been sourced from. It was confirmed that the solar panels were yet to be sourced but initial efforts would be made to source locally. The Assistant Director of Planning and Growth reiterated that Members should consider the application on its planning merits and the sourcing of the solar panels were the applicants prerogative. It was confirmed that instillation of the solar panels would likely be contracted.

-       It was noted that the application had previously been amended to account for Skylarks in the area following a consultation.

-       It was queried what lessons the applicant had learnt from their experience of managing similar sites nationwide. The applicant noted that the area of each site had to be respected for its individual ecological merits.

-       Attention was drawn to the indicative transport management plan, outlining that no HGVs would be directed through Dyke village.

 

During question to Officers and debate, Members commented on:

 

-       Members noted their support for the local farming industry.

-       Some Members praised the efforts of the landowner to diversify their business and thanked the individual for their attendance. Praise was also given for the landowner and applicant’s efforts to listen and engage with consultations which had resulted in amendments to the initial plans.

-       Others Member noted their discomfort with the timeframe being a 40-year temporary period and who was liable for the site should the applicant’s firm withdraw, or the site be decommissioned. It was confirmed that the landowner was legally responsible for adhering to the planning permission.

 

In summing up it was commented that the solar farm was relatively small scale. It represented a low percentage of land being used for agricultural purposes. Whilst high grade land was being used, the application would support the long term viability of the family farm thereby protecting the remaining land use for food production.

 

It was noted that the applicant was providing a significant increase in the provision of hedging, over 800% which was to be commended.

 

Following discussions, it was proposed, seconded, and AGREED to authorise the Assistant Director – Planning & Growth to GRANT planning permission, subject to conditions, and incorporating the following amendments:

 

-       Condition Four be amended to reflect that the exported output to the National Grid of the solar farm hereby approved must not exceed 28 MW AC,

-       Section 2.3 of the report be amended to reflect that the fences were to be 2 meters in height.

 

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: 

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

(b) The management and timing of any works; 

(c) A Traffic Management Plan to address the likely traffic impacts arising during the

decommissioning period. 

(d) 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. 

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

(f) 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. 

(g) Full details of all other works to the land to allow for renewed agricultural production

following the removal of structures from the site. 

(h) 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 Plan (Ref: INT1002-110 Rev12)

(b) Compound Area Contextual Elevation Plan (Ref: INT1002-240 Rev06) (c) Compound Area (Ref: INT1002-140 Rev0)

(d) Solar Array Elevation (Ref: INT1002-200 Rev01)

(e) Project Control Room (Ref: INT1002-221 Rev03)

(f) Spare Part Container Details (Ref: INT1002-222 Rev01)

(g) Solar Transformer (Ref: INT1002-223 Rev04)

(h) Access Track Section Details (Ref: INT1002-230 Rev01)

(i) Fence & Gates Details (Ref: INT1002-231 Rev02)

(j) CCTV Pole Mounting Details (Ref: INT1002-232 Rev0)

(k) Auxiliary Transformer (Ref: INT1002-256 Rev03)

 

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 28 MW.

 

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 site

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 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 Indicative Construction Traffic Management Plan (Andrew Moseley Associates) (November 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 and construction vehicles.

b. Construction hours

c. The routing and management of all construction vehicles to avoid conflicts on Dyke

Drove

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. 

 

During Building Works

 

Flood Risk and Drainage

 

Flood Mitigation Scheme

 

8) The development of the essential infrastructure on site, namely the Project Control Room, Solar Transformer and Auxiliary Transformer, shall not commence until a detailed flood mitigation scheme to ensure that the development shall remain operational during a fluvial flood breach event with a 1 in 1000 (0.1%) chance of occurring in any year during its lifetime, has been submitted to and approved in writing by the Local Planning Authority. 

 

The mitigation scheme shall be implemented as approved and subsequently shall be retained and maintained thereafter for the lifetime of the development. 

 

Reason: To ensure that the development remains operational at times of flooding in accordance with Policy EN5 of the adopted South Kesteven Local Plan, Section 14 of the National Planning Policy Framework and Paragraph 079 of the Planning Practice Guidance. 

 

Biodiversity / Ecology

 

Ecological Mitigation

 

9) All works on site during the construction period shall be carried out in accordance with the recommendations contained within Section 6 of the Ecological Impact Assessment (MKA Ecology) (November 2024), including reasonable avoidance measures for protected species and the provision and retention of skylark mitigation plots, as detailed in the accompanying appendices. 

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

 

10) 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

 

11) 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 Landscaping Strategy (Huskisson Brown) (Ref: HBA-942-001 (Rev L)) 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

 

12) 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 

 

13) 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. 

 

Flood Risk and Drainage

 

Flood Warning and Evacuation Compliance

 

14) Before the date of the first export of electricity from the development hereby permitted, the Flood Evacuation and Emergency Plan (Andrew Moseley Associates) (November 2024) submitted as part of the application, shall be implemented and shall be retained for the lifetime of the development. 

 

Reason: To ensure that the safety of all users during the lifetime of the development, as required by the Exception Test for flooding detailed in Policy EN5 of the adopted Local Plan and Section 14 of the National Planning Policy Framework. 

 

Ongoing

 

Landscape and Visual Impact

 

Lighting Details

 

15) 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

 

16) 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

 

17) 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

 

18) 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.