Agenda item

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.

Application Number	24/00366/FULM
Location	Land South West Of The Warren, Hackmans Lane, Purleigh, Essex
Proposal	Proposed Solar Farm together with sub-station, ancillary buildings, structures, landscaping, emergency lighting and access
Applicant	Anglo Renewables Limited
Agent	Harris Lamb Limited
Target Decision Date	EoT 11.09.24
Case Officer	Lisa Page
Parish	PURLEIGH
Reason for Referral to the Committee / Council	Proposal is a ‘development of strategic interest’ as defined under the Scheme of Delegation

 

Following the Officers’ presentation, an Objector, Mrs Warr and the applicant, Mr Duncan Howie addressed the Committee.

 

A lengthy debate ensued, during which Officers provided Members with further clarification in respect of:

 

·                details of the distance between the proposed parcels and neighbouring properties along with the impact assessment in respect of glint and glare from the solar panels.

 

·                assessment of the fire risk and the proposed condition which would require submission of a management plan.

 

·                the proposed management of the Public Right of Way during the construction phase of the development.

 

·                the assessment of the solar panels and there being no adverse impact on health and wellbeing.

 

Councillor R H Siddall commented on the application and then proposed that it be approved. This proposal was duly seconded.

 

Following further discussion and in accordance with Procedure Rule No. 13 (3) Councillor A S Fluker requested a recorded vote. This was duly seconded.

 

The Chairperson then moved the proposal in the name of Councillor Siddall and the voting was as follows:

 

For the recommendation:

Councillors M G Bassenger, S J Burwood, J Driver, A Fittock. K Jennings, K M H Lagan, A M Lay, S J N Morgan, C P Morley, R G Pratt, N G F Shaughnessy, R H Siddall, U G C Siddall-Norman, P L Spenceley, W Stamp, E L Stephens, J C Stilts, N J Swindle and M E Thomson.

 

Against the recommendation:

Councillor A S Fluker,

 

Abstention:

Councillors V J Bell, M G Neall and L L Wiffen.

 

The Chairperson declared that the application was therefore approved.

 

RESOLVED that this application be APPROVED subject to the following conditions:

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

2               The development hereby permitted shall be carried out in accordance with the following approved plans:

·                ISD_001.301.00

·                ISD_001.300.13

·                24045.101 REV C

·                ISD_001.307.00 REV 01

·                ISD_001.306.00 REV 01

·                ISD_001.305.00 REV 01

·                ISD_001.304.00 REV 01

·                ISD_001.303.00 REV 01

·                ISD_001.302.02

3               The soft landscape works shall be carried out in accordance with plan 24045.101 Rev C. Prior to any works above ground level occurring at the application site, the following shall be submitted to and approved in writing by the Local Planning Authority:

1)            Details of the planting scheme implementation programme, including ground protection and preparation, weed clearance, stock sizes, seeding rates, planting methods, mulching, plant protection, staking and/or other support.

2)            Details of the aftercare, monitoring and maintenance programme.

The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the first operation of any part of the development hereby approved unless otherwise agreed in writing by the Local Planning Authority.  If within a period of five years from the date of the planting of any tree or plant, or any tree or plant planted in its replacement, is removed, uprooted, destroyed, dies, or becomes, in the opinion of the Local Planning Authority , seriously damaged or defective, another tree or plant of the same species and size as that originally planted shall be planted in the same place, unless the Local Planning Authority gives its written consent to any variation.

3)            Hard landscape works: Details of hard surfacing, with materials finishing and edgings.  The hard landscape works shall be carried out as approved prior to the first use / occupation of any part of the development hereby approved and retained and maintained as such thereafter.

4               The fences as shown on the approved plan numbers ISD_001.307.00 and ISD_001.300.13 shall be constructed prior to the first use of the development to which it relates and shall be retained as such thereafter.

5.              If use of the hereby approved development should cease for the purposes of energy generation for a concurrent period exceeding six months or more, all the equipment and structures hereby approved shall be removed from the land and the site reinstated to its former condition. In any case, the Panels, associated structures, and infrastructure shall be removed at the latest by the 31 December 2068. Prior to the removal of any panels and equipment a scheme (to include timescales) for the reinstatement of the site to agricultural land alongside any retained ecological habitat areas shall be submitted to and approved in writing by the Local Planning Authority. The site shall be reinstated in accordance with the approved details.

6               No development including any site clearance or groundworks of any kind shall take place within the site until the applicant or their agents; the owner of the site or successors in title has submitted an archaeological assessment by an accredited archaeological consultant to establish the archaeological significance of the site. Such archaeological assessment shall be approved by the Local Planning Authority and will inform the implementation of a programme of archaeological work. The development shall be carried out in a manner that accommodates such approved programme of archaeological work.

7               No development including any site clearance or groundworks of any kind shall take place within the site until the applicant or their agents; the owner of the site or successors in title has secured the implementation of a programme of archaeological work from an accredited archaeological contractor in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in a manner that accommodates the approved programme of archaeological work.

8               Prior to the commencement of the development, including any ground works or demolition, a detailed Construction Traffic Management Plan (CTMP) shall be submitted to, and approved in writing by, the Local Planning Authority. The detail within the CTMP shall include:

a.       Details of any other scheduled development and associated construction traffic in the area during the construction programme;

b.       Details of the expected traffic levels during the construction period and operational periods of the Development, including numbers of expected HGVs, LGVs, minibuses, cars and their likely distribution across the construction and operational phases of the development;

c.       Detailed final proposed construction traffic routing plan for construction vehicles which, where necessary, shall coordinate traffic with cumulative development identified within an approved Phasing Strategy);

d.       Full details of temporary traffic management / banksmen control / mitigation / delivery timing restrictions required in connection with the construction traffic routing and any co-ordination between nearby planned development;

e.       On-site parking and turning arrangements;

f.        Loading and unloading of plant and materials;

g.       Storage of plant and materials used in constructing the development;

h.       Wheel and underbody cleaning facilities for vehicles;

i.        Construction signage and traffic management;

j.        Details for the protection and convenience of users on the Public Right of Way network;

k.       The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

l.        Details of how the approved plan will be implemented and adhered to, including contact details for individuals responsible for ensuring compliance;

m.      Contact details for Site Manager and details of publication of such details to local residents.

 

Thereafter the Construction Traffic Management Plan shall be fully adhered to throughout the construction period, unless otherwise agreed in writing with the Local Planning Authority.

 

9               Prior to the commencement of development, including any ground works or demolition, a detailed phasing strategy shall be submitted to and approved in writing by the Local Planning Authority. The phasing strategy shall specify details of the construction programme and any overlaps that have been identified with other consented major developments likely to give rise to significant levels of construction traffic on the local highway network. Should any overlaps in construction programme be identified then the phasing strategy shall also specify any alternative construction management measures that will be put in place to manage conflicts that may arise during the period of overlap in construction programme(s). The development shall thereafter be carried out in accordance with the approved phasing strategy.

10            Prior to commencement of the development, details of the access arrangements at Crows Lane (including required visibility splays and surfacing improvements to ensure the road is capable of accommodating a vehicle of 18 tonnes) required to facilitate access for Construction Traffic, shall be submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be fully carried out prior to its first use in relation to works relating to the site clearance, construction or otherwise.

11            No development shall take place, including any ground works or demolition, until a detailed Route Mitigation Plan based on the principles contained in the Construction Traffic Management Plan, has been submitted to, and approved in writing by the Local Planning Authority, and any required permissions, Traffic Regulation Orders and licences have been applied for. The approved Route Mitigation Plan shall be implemented and adhered to throughout the construction period, unless otherwise agreed in writing with the Local Planning Authority.

12            Prior to the commencement of the development an inspection of the route to be used by construction vehicles in connection with the development shall be carried out, including all interactions with Public Footpaths no.7 & 14 Woodham Ferrers & Bicknacre and no.7 Purleigh, the scope and methodology of which shall be agreed in advance with the Local Planning Authority in consultation with the Local Highway Authority and include appropriate evidence. The route should then be inspected during construction, at intervals to be agreed by the Local Planning Authority as part of the scope and methodology above, with any damage arising from construction traffic being dealt with expediently. On completion of the development any damage to the highway and footpaths resulting from construction traffic movements generated by the application site shall be identified in a remediation plan, submitted to and agreed in writing by the Local Planning Authority, and should be repaired within 3 months of initial detection to an acceptable standard and at no cost to the Local Highway Authority.

13            No works shall take place until a scheme to provide an enforceable and robust soil, grass, and/or land management plan to keep land in good condition has been submitted to, and approved in writing by, the Local Planning Authority. The scheme shall subsequently be implemented as approved.

14            No development shall commence until information has been submitted and approved in writing by the Local Planning Authority in accordance with the requirements of BS5837:2012 in relation to tree retention and protection as follows:

·                Tree protection plan

·                Arboricultural method statement (including drainage service runs and construction of hard surfaces)

 

The protective fencing and ground protection shall be retained until all equipment, machinery and surplus materials have been removed from the site. If within five years from the completion of the development an existing tree is removed, destroyed, dies, or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective, a replacement tree shall be planted within the site of such species and size and shall be planted at such time, as specified in writing by the Local Planning Authority. The tree protection measures shall be carried out in accordance with the approved detail.

15            The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment Ref PFE-BWB-ZZ-XX-RP-YE-0001_FRA dated March 2024, by BWB Consulting.

 

The mitigation measures proposed in the above document shall be fully implemented prior to first use and subsequently in accordance with the timing / phasing 2 arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the Local Planning Authority.

16            No works shall take place until a scheme to minimise the risk of offsite flooding caused by surface water run-off and groundwater during construction works and prevent pollution has been submitted to, and approved in writing by, the Local Planning Authority. The scheme shall subsequently be implemented as approved.

17            Prior to the first operation of the development a maintenance plan detailing the maintenance arrangements including who is responsible for different elements of the surface water drainage system and the maintenance activities/frequencies, has been submitted to and agreed, in writing, by the Local Planning Authority.  Should any part be maintainable by a maintenance company, details of long-term funding arrangements should be provided.

18            The applicant or any successor in title must maintain yearly logs of maintenance which should be carried out in accordance with any approved Maintenance Plan. These must be available for inspection upon a request by the Local Planning Authority.

19            All mitigation measures and/or works shall be carried out in accordance with the details contained in the Ecological Impact Assessment (Harris Lamb, April 2024). This may include the appointment of an appropriately competent person e.g. an Ecological Clerk of Works (ECoW) to provide on-site ecological expertise during construction. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details.

20            Any works which will impact the breeding / resting place of Great Crested Newt, shall not in in any circumstances commence unless the Local Planning Authority has been provided with either:

a)      a licence issued by Natural England pursuant to Regulation 55 of The Conservation of Habitats and Species Regulations 2017 (as amended) authorizing the specified activity/development to go ahead; or

b)      a GCN District Level Licence issued by Natural England pursuant to Regulation 55 of The Conservation of Habitats and Species Regulations 2017 (as amended) authorizing the specified activity/development to go ahead; or

c)       a statement in writing from the Natural England to the effect that it does not consider that the specified activity/development will require a licence.

21            All mitigation measures and/or works for the Skylark shall be carried out in accordance with the details contained in the Skylark Mitigation Scheme (Harris Lamb Ltd, November 2023), as already submitted with the planning application and agreed in principle with the local planning authority prior to determination.

 

The two skylark plots shall be implemented on a yearly rotational for the lifetime of the solar farm.

22            Prior to the commencement of development a construction environmental management plan (CEMP: Biodiversity) shall be submitted to and approved in writing by the Local Planning Authority.

 

The CEMP (Biodiversity) shall include the following.

a)      Risk assessment of potentially damaging construction activities.

b)      Identification of “biodiversity protection zones”.

c)       Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements) including precautionary method statements for reptiles and Brown Hare.

d)      The location and timing of sensitive works to avoid harm to biodiversity features.

e)      The times during construction when specialist ecologists need to be present on site to oversee works.

f)       Responsible persons and lines of communication.

g)      The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

h)      Use of protective fences, exclusion barriers and warning signs.

 

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.

23            Prior to any works above ground level a Biodiversity Enhancement Strategy for protected and Priority species shall be submitted to and approved in writing by the Local Planning Authority.

 

The content of the Biodiversity Enhancement Strategy shall include the following:

a)      Purpose and conservation objectives for the proposed enhancement measures;

b)      detailed designs or product descriptions to achieve stated objectives;

c)       locations, orientations, and heights of proposed enhancement measures by appropriate maps and plans;

d)      timetable for implementation demonstrating that works are aligned with the proposed phasing of development;

e)      persons responsible for implementing the enhancement measures;

f)       details of initial aftercare and long-term maintenance (where relevant).

 

The works shall be implemented in accordance with the approved details prior to operation and shall be retained in that manner thereafter.

24            Prior to the first operation of the development hereby approved a Landscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the Local Planning Authority. The content of the LEMP shall include the following:

a)      Description and evaluation of features to be managed.

b)      Ecological trends and constraints on site that might influence management.

c)       Aims and objectives of management.

d)      Appropriate management options for achieving aims and objectives.

e)      Prescriptions for management actions.

f)       Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).

g)      Details of the body or organisation responsible for implementation of the plan.

h)      Ongoing monitoring and remedial measures.

 

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details.

25            Prior to first operation of the development hereby approved, a lighting design scheme for biodiversity shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall identify those features on site that are particularly sensitive for bats and that are likely to cause disturbance along important routes used for foraging; and show how and where external lighting will be installed (through the provision of appropriate lighting contour plans, lsolux drawings and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory.

 

All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme.

 

Under no circumstances should any other external lighting be installed without prior consent from the Local Planning Authority.

26            The Solar Panels hereby approved shall be of an anti-glare design.

27        Prior to the first use of the development hereby approved, a Management Plan in relate to fire and rescue matters, shall be submitted to and approved in writing by the Local Planning Authority, to demonstrate the facility would be operated safely.

28        Prior to commencement of development, a Habitat Management and Monitoring Plan, in line with the approved Biodiversity Gain Plan, must be submitted to the planning authority and approved in writing.

 

The content of the Habitat Management and Monitoring Plan should include the following: a) A management and monitoring plan for onsite biodiversity net gain including 30-year objectives, management responsibilities, maintenance schedules and a methodology to ensure the submission of monitoring reports in years 2,5,10,15,20,25 and 30 from commencement of development, demonstrating how the BNG is progressing towards achieving its objectives, evidence of arrangements and any rectifying measures needed.

 

The development shall be implemented in full accordance with the requirements of the approved Habitat Management and Monitoring Plan, with monitoring reports submitted to the council at the specified intervals.