Agenda item

Proposal:	Construction and operation of a solar farm and battery storage system together with cable route and all associated works, equipment and necessary infrastructure
Location:	Land North Of Bloomfield Hatch Farm Bloomfield Hatch, Mortimer, Reading, West Berkshire
Applicant:	West Berkshire Council
Recommendation:	Approve subject to conditions

 

(Councillor Richard Somner declared a personal interest in Agenda Item 4(1) by virtue of the fact that that he was deputy to the Environment Portfolio Holder. As his interest was personal and not prejudicial or a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.)

(Councillor Geoff Mayes declared a personal interest in Agenda Item 4(1) by virtue of the fact that he was a member of the Berks, Bucks & Oxon Wildlife Trust (BBOWT), as well as being a consultant for environmental matters. As his interest was personal and not prejudicial or a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.)

Councillor Ross Mackinnon declared a personal interest in Agenda Item 4(1) by virtue of the fact he was a member of the Environment Board. As his interest was personal and not prejudicial or a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.)

(Councillor Graham Pask declared a personal interest in Agenda Item 4(1) by virtue of the fact that he was a member of BBOWT. As his interest was personal and not prejudicial or a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.)

The Committee considered a report (Agenda Item 4(1)) concerning Planning Application 22/01330/REG3, in respect of the construction and operation of a solar farm and battery storage system together with cable route and all associated works, equipment and necessary infrastructure.

Mr Matthew Shepherd (Senior Planning Officer) introduced the item which took into account all the relevant policy considerations and other material planning considerations.

In accordance with the Council’s Constitution, Councillor Chris Faulkner, Wokefield Parish Council representative, Mr Neil Callan (on behalf of the Bloomfield Hatch Residents Association), Mr Steven Davies and Mr Craig White, objectors, Mr Miles Roberts, applicant, Mr Ernie Shelton, agent and Councillor Graham Bridgeman, Ward Member addressed the Committee on this application.

Parish Council Representations:

Mr Faulkner in addressing the Committee raised the following points:

·         That use of the agricultural land for a solar farm would have exacerbated Britain’s self-sufficiency issues surrounding food production and would leave the national economy vulnerable to global markets.

·         The solar farm would limit biodiversity, as it would restrict 70% of the available farmland and this was in opposition to West Berkshire Council’s Environment Strategy.

·         Solar panels would have been better placed on existing brownfield sites, as this would not have limited the use of viable farmland.

·         The Committee had recently refused a similar application, which was then overturned by Central Government, however Mr Faulkner believed that attitudes had changed within Parliament as prominent MPs, such as Rishi Sunak and Liz Truss had expressed views on protecting British farmland.

·                    Member Questions to the Parish Council:

·                    The Chairman asked how many farms there were within the Parish and Mr Faulkner responded that there were 20 in total, however this farm was one of only a few dairy farms within West Berkshire.

·                    Councillor Mayes enquired as to the size of the farm and whether the field south of Cross Lane was part of the farm, as well as what the field was used for. Mr Faulkner replied that the farm was 115 acres and 75 acres would be used for the solar farm. The field to the south was part of the farm ownership, which was rotated between grazing and growing maize.

·                    In response to a question from Councillor Jeremy Cottam, Mr Faulkner explained that the farm bred chickens.

·                    Objector Representations:

Mr Callan, Mr Davies and Mr White in addressing the Committee raised the following points:

·         A previous proposal on Clappers Farm for a travellers’ site in 2014, was turned down due to the 1936 Palmer family conveyance and that this was also applicable to the land within the application. The conveyance stated that no temporary building or sleeping quarters should be erected on the land and that the proposed use of ten steel containers would be contrary to this.

·         In the 2006 to 2026 Core Strategy, English Heritage laid out that any build must protect the local distinctive nature and character of an area and that if the solar farm was built it would conflict with this, as it would have been built on farmland that dated back to at least 1086.

·         Policy ‘EM: 8’ stated that commercial proposals for the commercial generation of energy would be permitted, unless there were adverse environmental, economic and social impacts, which included loss of farmland.

·         An alternative access route would need to be used, due to the increased noise and traffic caused by the site and that car parking would be required contrary to what the applicant stated. 

·         George Palmer had left the farm to the community in his will for purposes of farming.

·         The plans did not provide adequate flood mitigation and the solar panel run off could affect the farms septic tank.

·         There was no evidence that the required full assessment of transport impact had taken place.

·         The plan and site displays had not complied with West Berkshire Council’s own standards.

Member Questions to the Objectors:

Councillor Alan Law enquired over why the installation of solar panels would increase the chances of a potential flood risk and Mr White answered that this was because the solar panels could create a concentrated run off which would channel and accelerate storm water flow.

Councillor Mayes pondered whether there was any risk of contamination of livestock from the proposals and Mr Davies explained that there was a risk, so allowing people onto the site would need to be managed.

Applicant/Agent Representations:

Mr Roberts and Mr Shelton in addressing the Committee raised the following points:

·         That boosting the UKs own energy supply by building solar farms could allow the UK to dictate its own energy prices.

·         The scheme would generate enough power for 7570 homes for 30 years and the carbon reduction would be equivalent to taking 2000 cars off the road. In total the scheme would reduce West Berkshire’s carbon footprint by 48% each year.

·         The land that was used by the solar farm could still be used for sheep farming.

·         Only 0.08% of British land was used for solar farms and the environmental impact was minimal compared to the likes of pony paddocks.

·         The National Farmers Union supported the installation of solar panels on farms.

·         Continued global warming would lead to further flooding and droughts, which would affect farm production far more than the installation of solar panels.

Members Questions to the Applicant/Agent:

Councillor Alan Law questioned the financial viability of building a solar farm and Mr Shelton replied that if the predicted revenue was based on the lowest average price of an electricity long term run rate of 5p per kWh, the farm would generate £1.1 million, which would be offset by maintenance costs, debt repayment and operational costs. Mr Shelton also stated that to build the farm would cost in the region of £19 million.

Councillor Mayes wanted to understand how the network would output its energy and Mr Shelton explained that solar panels generated on average 1,500 volts DC, which would be converted to AC at 33,000 volts, which would then be connected below ground north of the Burghfield site and then to Scottish and Southern Energy (SSE) overhead power lines. Councillor Mayes then queried whether it would be possible to connect closer to the site, to which Mr Shelton stated that Ofgem rules expressed that SSE had to provide a connection site that would be the closest and cheapest, however there was a possibility of a second connection site. Councillor Mayes then proposed the site at Cross Lane as an option and Mr Shelton answered that the site at Cross Lane did not have the ability for reverse power, therefore would not meet the solar farm’s needs.

Councillor Somner wanted clarification over the farmer’s ability to continue to use the farmland and Mr Shelton explained that, if the farmer wanted to continue leasing the land, he could do what he wanted with the site, however the understanding at the time was that the chicken farming would continue and that the farmer would start to rear sheep which would help maintain the land.

Councillor Law was unsure of the aforementioned figures by Mr Shelton after working out costs, to which Mr Shelton stated that there had been a lot of financial analysis which showed that at the lower end of energy price estimates, the farm would still give a return after borrowing and if energy prices remained high, it would give an extremely generous offering to the Council.

Councillor Cottam wanted to know why the financial implications of the site were relevant to the planning decision, of which Councillor Law explained that financial impact was part of the three levels of sustainability, which were financial, social and economic.

Councillor Tony Linden wanted to understand the impact that a rise in interest rates would have on the solar farm and asked Mr Shelton to comment on the farmer’s remarks about sheep herding being difficult on solar farms. Mr Shelton explained that the solar farm would be sensitive to rising interest rates and that the financial modelling had been done with the use of the Public Works Loan Board (PWLB) investment in mind. Mr Shelton emphasised that if interest rates went up, energy costs usually followed a similar pattern.

In terms of sheep on the land, other farmers across Europe and the UK did successfully herd sheep alongside solar farms, however Mr Shelton conceded that it could make it slightly harder to get sheep in and out of the field. Councillor Linden asked how the predicted fluctuation of energy costs could affect the solar farm and Mr Shelton explained that there were two ways of predicting energy prices. Firstly, you could predict energy prices by ‘sentiment’ this entailed the prediction of what could happen, for example in Eastern Europe with the Ukraine crisis, which would be a potential market response and that this was a difficult parameter to predict. Secondly, you could make estimations based on ‘fundamentals’ and these included factors such as, the need to electrify transport and heat, which would create further demand for electricity. The ‘fundamentals’ were easier to predict and suggested that there would be a sharp dip in energy prices, followed by a slow and steady increase, as supply and demand began to level out. Councillor Linden added that although some were trying to get rid of nuclear power there were some, such as Rolls Royce, who were trying to revive it and this could have an impact on solar energy.

Councillor Mayes asked whether they had allowed for loss in transmission within their costed models and whether the farmer would incur the cost of changing his farming practices. Mr Shelton explained that they had accounted for loss of transmission and that conversations had occurred between West Berkshire Council and the farmer where choices had been discussed, however it would be up to the farmer.

Ward Member Representations:

Councillor Bridgman in addressing the Committee raised the following points:

·         The Committee needed to be impartial and could only consider the application as the Planning Committee and not as West Berkshire Councillors.

·         The site had previously been put up for development.

·         There were questions over the quality of the land.

·         The Committee needed to consider whether the increased number of vehicle movements would actually be an issue and whether the access road would be safe.

·         At 6.69 of the report it stated that there would be no increase of flooding, however 6.70 stated there would be a speeding up of rain water run-off, which led to concerns over the septic tanks flooding.

·         Condition 3 required the word ‘after’ to be inserted between ‘14 days’ and ‘prior notice’ to make grammatical sense.

·         The date of generating electricity should be inserted by the applicant to avoid potential mismanagement in regards to the dismantling of the site after 30 years and six months, once electricity had been produced.

·         Condition 13 in regards to the Atomic Weapons Establishment (AWE) emergency zone, discussed the installation of a landline and that this practice needed to be modernised.

·         Condition 21 was in regards to the bird nesting season which stated that it was March to August inclusive and this in fact should have been March to July inclusive, as this would be in line with the Royal Society for the Protection of Birds (RSPB) website. 

Members Questions to the Ward Member:

Councillor Macro questioned Councillor Bridgman’s doubts over traffic movements, to which Councillor Bridgman replied that the road was set at the national speed limit, however there would be enough of a sight line to exit and enter the site, as well as doubts over how much traffic the site would actually generate. 

Members Questions to the Officers:

Councillor Law wanted to know how solar panels could exacerbate the run-off issues and Mr Paul Bacchus explained that even though solar panels were an impermeable surface they should not be considered the same as rooftops or pavements. The application did recognise that there would be a speeding up of the run-off water and it had been suggested that they would have infiltration trenches to circumnavigate the issue.

Councillor Mayes raised concerns over the trenches potentially damaging the land quality, to which Mr Shepherd highlighted that Condition 3 stated that the land would have to be restored to its original state.

Councillor Macro questioned whether West Berkshire Council could be sure that they could prevent water run-off into the south west corner where residents were concerned of sewage flooding. Mr Bacchus explained that the site was downhill of the property and the location of the panels meant that the flood risk was highly minimal.

Councillor Linden wanted assurance that The Granary area would not be flooded and Mr Bacchus answered that this area was higher than the site, so would not suffer from flooding as a result of the development.

Councillor Cottam queried where the financial impact was discussed in the report. Mr Dray emphasised Councillor Law’s aforementioned point on the three areas of sustainability and that in terms of Planning’s assessment of the site, it would be combined with in principle development and the focus would have been on the economy as a whole.

The Chairman wanted clarification on the sight line figures on 6.57, 6.59 and the summary on 6.54, within the report. Mr Gareth Dowding explained that the sight line figures were given based on the 85^th percentile speed recording along the road and that this was represented in the first set of visibility displays given on 6.57 of the report. Therewere two versions of the sight lines provided, one where the offset was at 1 metre from the kerb and one which was on the kerb. The X distance had been measured 2 metres from the road and 2.4 meters from the edge road and this showed how the difference of 0.4 altered the sight lines, as displayed on the Y axis. In whole the sight lines did not affect the development, because they were not near the 85^th percentile speeds. However, there were mitigation plans proposed that could resolve the issue and why temporary traffic signals were proposed during the construction period. After construction there would only be two additional vehicle movements a week, so there would be no need for further traffic controls. The Chairman then asked for clarification over the total vehicle movements, to which Mr Dowding explained that during construction there would be 11-12 additional vehicle movements per week and after construction there would be only two additional vehicle movements.

Mr Dray stated that the standard model for solar farms was that after 30 years and six months they were removed and a notice erected for enforcement purposes. The requested landline was from the Emergency Planning Officer. In the future it would include mobile coverage, buta landline had been included due to the nature of the site. Finally, in regards to bird nesting, the condition should state ‘to August inclusive’, as different species of birds had different nesting seasons.

Mr Gareth Ryman explained that the addition of sheep at an appropriate level would benefit bio-diversity compared to an intensively grazed system and that the biodiversity net gain system suggested that the area would go from fairly poor to fairly good levels of bio-diversity.

Councillor Bridgman raised the importance of the Planning Authority being informed of when exactly electricity would start to be generated from the site and Mr Dray explained that the recording of the 30 years and 6 months could be added as acondition.

Debate:

Councillor Cottam argued that nuclear power would be very expensive in the future and carried  the obvious environmental impact, In a world where flooding and drought were increasing, finding environmentally friendly energy sources was necessary.

Councillor Macro addressed the objections. Firstly, the flood risk, which the Committee had been reassured would not be an issue. Secondly, road safety, however with only two vehicle movements a week, this was not seen as an issue and finally, food sustainability and supply, which had to be balanced with the concerns over energy supply, as well as climate change, of which the Council had to do as much as possible to counter.

Councillor Linden believed there was a need for energy production that was environmentally friendly and understood the need for increased food production. The Councillor was pleased that the land could still be used for sheep herding, he noted that the farm was going to be assigned for housing before the site was designated within the AWE emergency zone. The Councillor believed the West Berkshire Council had to play its part in helping provide clean energy to the grid and to help improve sustainability, which meant that the building of a solar farm was a good use of the land.

Councillor Law reinforced the point that the Committee needed to be impartial from West Berkshire Council and that the environmental argument had two sides, carbon reduction and sustainability. The current local plan did not mention anything of solar farms, however the emerging one did and yet the Committee did not consider the emerging plan for previous decisions. On the other hand National Policy supported the development of solar farms. He added that if the agricultural land was of higher quality this might have been a different debate. Councillor Law emphasised that the economic benefits outweighed the benefits of cattle farming, as a result Councillor Law proposed Officer Recommendation with the insertion of ‘after’ between ’14 days’ and ‘prior notice’ in condition 3 and requested that notice be given of when the electricity would be generated which would commit the applicant to a commencement date for the 30 years and six months. This was seconded by Councillor Linden.

Councillor Somner expressed that looking into the economic viability of the farm had been interesting, however this was not the key reason and that the environmental benefits were seen as a good way to deliver on West Berkshire Council’s environmental goals.

The Chairman invited Members of the Committee to vote on the proposal by Councillor Law and Seconded by Councillor Linden to approve Officers’ Recommendation. At the vote the motion was carried.

RESOLVED that the Service Director of Development and Regulation be authorised to grant planning permission subject to the following conditions:

Conditions

 

1. Commencement of development

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

 

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

 

2. Approved plans

The development hereby permitted shall be carried out in accordance with the approved plans and documents listed below:

 

Site Location Plan and Red Line Boundary - 302-014-008 REV C

Proposed Layout Plan - 302-014-004 REV D

Intake Substation Plan - 302-014-009 REV B

Proposed Installation Elevations - 302-014-005 REV D

Proposed Ecological Mitigation Works & Planting - 302-014-007 REV D

 

Reason: For the avoidance of doubt and in the interest of proper planning.

 

3. Lifetime of development

No electricity shall be generated by the development hereby permitted until 14 days after prior notice has been submitted to the Local Planning Authority in writing. The development hereby permitted shall be removed in its entirety and the land restored to its former condition within 30 years and six months of the date that electricity was first generated by the development, or within six months of the development failing to generate electricity for 12 consecutive months, whichever occurs first. The land shall be restored to its former condition to enable it to revert to agricultural use in accordance with a scheme of decommissioning work and land restoration that shall have first been submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure that the land is restored to its original undeveloped condition following the expiry period or once the development fails to generate electricity, in the interests of protecting the amenity of the open countryside. This condition is imposed in accordance with the National Planning Policy Framework, and Policies ADPP1, ADPP6, CS10, CS14, CS15 and CS19 of the West Berkshire Core Strategy (2006-2026).

 

4. Decommissioning removal of operational development

As part of the decommissioning process required by Condition 3, all operational development in, on, over or under the land enclosed by the red line on the Location Plan associated with the development hereby permitted shall be completely removed from the application site within 30 years and six months of the date that electricity was first generated by the development, or within six months of development failing to generate electricity for 12 consecutive months, whichever occurs first.

 

Reason: To ensure that the land is restored to its original undeveloped condition following the expiry period or once the development fails to generate electricity, in the interests of protecting the amenity of the open countryside. This condition is imposed in accordance with the National Planning Policy Framework, and Policies ADPP1, ADPP6, CS10, CS14, CS15 and CS19 of the West Berkshire Core Strategy (2006-2026).

 

5. Materials

No development shall take place until a schedule of the materials to be used in the construction of the external surfaces of the development hereby permitted has been submitted to and approved in writing by the Local Planning Authority. This condition shall apply irrespective of any indications as to these matters which have been detailed in the current application. Samples of the materials shall be made available for inspection on request. Thereafter the development shall be carried out in accordance with the approved materials.

 

Reason: To ensure that the external materials respond to local character. This condition is imposed in accordance with the National Planning Policy Framework, Policies ADPP1, ADPP6, CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), and Supplementary Planning Document Quality Design (June 2006). A pre-commencement condition is required because the materials we need to be agreed prior to construction.

 

6. Hours of work (construction/demolition)

No demolition or construction works shall take place outside the following hours, unless otherwise agreed in writing by the Local Planning Authority:

 

7:30am to 6:00pm Mondays to Fridays;

8:30am to 1:00pm Saturdays;

No work shall be carried out at any time on Sundays or Bank Holidays.

 

Reason: To safeguard the amenities of adjoining land uses and occupiers. This condition is applied in accordance with the National Planning Policy Framework, and Policy CS14 of the West Berkshire Core Strategy 2006-2026.

 

7. Drainage measures

No development shall take place until details of sustainable drainage measures to manage surface water within the site have been submitted to and approved in writing by the Local Planning Authority. These details shall:

 

a)    Incorporate the implementation of Sustainable Drainage methods (SuDS) in accordance with the Non-Statutory Technical Standards for SuDS (March 2015), the SuDS Manual C753 (2015) and the WBC SuDS Supplementary Planning Document December 2018 with particular emphasis on Green SuDS and water re-use;

b)    Include attenuation measures to retain rainfall run-off within the site and allow discharge from the site to an existing watercourse or piped system at no greater than 1 in 1 year Greenfield run-off rates;

c)     Include and be informed by a ground investigation survey which establishes the soil characteristics, infiltration rate and groundwater levels. Soakage testing shall be undertaken in accordance with BRE365 methodology;

d)    Include run-off calculations based on current rainfall data models (FEH 2013 preferred), discharge rates (based on 1 in 1 year greenfield run-off rates), and infiltration and storage capacity calculations for the proposed SuDS measures based on a 1 in 100 year storm +40% for climate change;

e)    Include construction drawings, cross-sections and specifications of all proposed SuDS measures within the site;

f)      Ensure permeable paved areas are designed and constructed in accordance with manufacturers guidelines if using a proprietary porous paved block system; otherwise ensure any permeable areas are constructed on a permeable sub-base material, such as MoT/DoT Type 3;

g)    Include a management and maintenance plan showing how the SuDS measures will be maintained and managed after completion for the lifetime of the development. This plan shall incorporate arrangements for adoption by the Council, Water and Sewage Undertaker, Maintenance or Management Company (private company or Trust) or individual property owners, or any other arrangements, including maintenance responsibilities resting with individual property owners, to secure the operation of the sustainable drainage scheme throughout its lifetime. These details shall be provided as part of a handover pack for subsequent purchasers and owners of the property/premises;

h)    Include measures with reference to Environmental issues which protect or enhance the ground water quality and provide new habitats where possible;

i)      Include details of how surface water will be managed and contained within the site and along the cable routes, during construction works to prevent silt migration and pollution of watercourses, highway drainage and land either on or adjacent to the site;

j)      Include an Application for an Ordinary Watercourse Consent in case of surface water discharge into a watercourse (i.e stream, ditch etc);

 

Thereafter, the development shall be undertaken in accordance with the approved details. The development shall not start generating electricity until the drainage measures have been completed in accordance with the approved details.

 

Reason: To ensure that surface water will be managed in a sustainable manner; to prevent the increased risk of flooding; to improve and protect water quality, habitat and amenity and ensure future maintenance of the surface water drainage system can be, and is carried out in an appropriate and efficient manner. This condition is applied in accordance with the National Planning Policy Framework, Policy CS16 of the West Berkshire Core Strategy (2006-2026), Part 4 of Supplementary Planning Document Quality Design (June 2006) and the Sustainable Drainage Supplementary Planning Document (December 2018). A pre-condition is necessary because insufficient detailed information accompanies the application; sustainable drainage measures may require work to be undertaken throughout the construction phase and so it is necessary to approve these details before any development takes place.

 

8. Archaeological work

No development including site clearance shall take place within the application area until a Stage 1 written scheme of investigation (WSI) for a programme of archaeological work has been submitted to and approved in writing by the Local Planning Authority. For land that is included within the WSI no demolition or development shall take place other than in accordance with the agreed WSI, and the programme and methodology of site evaluation and the nomination of a competent person(s) or organisation to undertake the agreed works. If heritage assets of archaeological interest are identified by Stage 1, then for those parts of the site which have archaeological interest a Stage 2 WSI shall be submitted to and approved in writing by the Local Planning Authority. For land that is included within the WSI no site clearance work or development shall take place other than in accordance with the agreed WSI, which shall include:

a) The statement of significance and research objectives, the programme and methodology of archaeological site investigation and recording and the nomination of a competent person(s) or organisation to undertake the agreed works.

b) The programme for post-investigation assessment and subsequent analysis, publication & dissemination and deposition of resulting archaeological material. This part of the condition shall not be discharged until these elements have been fulfilled in accordance with the programme set out in the Stage 2 WSI.

 

Reason: To ensure that any significant archaeological remains that are found are adequately recorded. Such an approach follows the guidance set out in paragraph 205 of the 2021 National Planning Policy Framework and is accordance with the requirements of Policy CS19 of the West Berkshire Core Strategy (2006-2026). A pre-condition is required because the WSI will need to be adhered to through construction activities.

 

9. Arboricultural supervision

No development shall take place (including site clearance and any other preparatory works) until the applicant has secured the implementation of an arboricultural watching brief in accordance with a written scheme of site monitoring, which has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details.

 

Reason: The Local Planning Authority must be satisfied that the trees to be retained will not be damaged during development works and to ensure that, as far as is possible, the work is carried out in accordance with the approved details pursuant to section 197 of the Town and Country Planning Act 1990 in accordance with the objectives of the NPPF and Policies ADPP1, CS14, CS17, CS18 and CS19 of West Berkshire Core Strategy 2006-2026. A pre-commencement condition is necessary because insufficient detailed information accompanies the application; tree protection installation measures and site supervision works may be required to be undertaken throughout the construction phase and so it is necessary to approve these details before any development takes place.

 

10. Tree protection

All tree protective fencing and ground protection shall be erected and installed in accordance with the submitted plans, reference Woodland and Countryside Management drawing numbers WWCM/SSR/HPE/ES/BHF/TP/1 dated May 2022. The protective fencing shall be implemented and retained intact for the duration of the development, unless otherwise agreed in writing by the Local Planning Authority. Within the fenced area(s), there shall be no excavations, storage or mixing of materials, storage of machinery, parking of vehicles or fires.

 

Reason: Required to safeguard and to enhance the setting within the immediate locality to ensure the protection and retention of existing trees and natural features during the construction phase in accordance with the NPPF and Policies ADPP1, CS14, CS17, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.

 

11. Landscaping

No development shall take place until a detailed landscaping scheme has been submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall include:

 

a)    Detailed plans with planting a retention schedules, noting species, plant sizes and proposed numbers/densities.

b)    A programme or work including an implementation programme providing sufficient specifications to ensure successful cultivation of trees, shrub and grass establishment.

 

All landscaping works shall be completed in accordance with the approved soft landscaping scheme within the first planting season following completion of building operations / first operation of the development (whichever occurs first). Any trees, shrubs, plants or hedges planted in accordance with the approved scheme which are removed, die, or become diseased or become seriously damaged within the lifetime of the development five years of completion of the approved landscaping scheme shall be replaced within the next planting season by trees, shrubs or hedges of a similar size and species to that originally approved.

 

Reason: Comprehensive landscaping is essential to ensure the development is appropriately assimilated into the environment, and detailed specifications and a programme of works are necessary to ensure proper establishment and maintenance. This condition is applied in accordance with the National Planning Policy Framework, Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), and the Quality Design SPD. A pre-condition is required because landscaping is essential to landscape and visual mitigation and so a clear strategy must be agreed before the development is built out.

 

12. Landscape maintenance

No development shall take place until a Landscape Maintenance and Management Strategy has been submitted to and approved in writing by the Local Planning Authority. Such a strategy shall detail the maintenance and management of the landscape during the lifetime of the development. Thereafter the development shall be carried out and operated in accordance with the approved details.

 

Reason: To ensure that the landscaping remains of a sound quality throughout the lifetime of the solar farm, to the benefit of the character of the area and neighbouring properties. This condition is imposed in accordance with the National Planning Policy Framework, and Policies ADPP1, ADPP6, CS14, CS17, CS18 and CS19 of the West Berkshire Core Strategy (2006-2026).

 

13. AWE Emergency Plan

No development shall take place until a site-specific Emergency Plan has been submitted to and approved in writing by the Local Planning Authority. The Emergency Plan shall provide policies and procedures for the preparedness and response to an incident at AWE Burghfield. The Plan should cover both the construction and operational phases of development, or two separate plans may be provided for each phase. The Emergency Plan must cover the processes for:

 

a)    Activation of the Plan.

b)    Sheltering.

c)    Supporting the vulnerable residents, staff and visitors whilst in sheltering conditions.

d)    Evacuation.

e)    Recovery.

 

Thereafter, the development shall be carried out with the implementation of the approved Emergency Plan(s), or an approved revision. Upon the site being commissioned for operations to commence the approved measures within the Emergency Plans shall be implemented in full, shall be kept up-to-date by the site manager/operator and management/owners. Thereafter, the Plan should be reviewed and amended as necessary and at least annually. The Local Planning Authority may at any time require the amendment of the plan by giving notice pursuant to this condition. The Local Planning Authority may at any time require a copy of the then current Emergency Plan for the site which shall be submitted to the Local Planning Authority within 1 month of notice being given.

 

A landline phone shall be installed on site to ensure the AWE Telephone Alerting System can operate successfully, to inform the workers in the event of a radiation emergency at AWE.

 

Reason: The approval and implementation of a site-specific Emergency Plan is necessary to mitigate the residual risk posed to public safety by the close proximity of AWE Burghfield, to ensure appropriate preparedness and response in the event of an incident at AWE, and to ensure that the development does not adversely affect the AWE Off-Site Emergency Response Plan. This condition is applied in accordance with the National Planning Policy Framework, and Policy CS8 of the West Berkshire Core Strategy 2006-2026.

 

Note: For queries relating to the content of the site-specific Emergency Plan, please contact the Joint Emergency Planning, West Berkshire Council, Council Offices, Market Street, Newbury, RG14 5LD. Tel: 01635 503535, Email: emergencyplanning@westberks.gov.uk. Please quote the application reference. In order to provide assurance that an effective plan will be put in place, normally this means that only the final contact details and names are not completed.

 

14. Construction Traffic Management Plan (CTMP)

The development shall be carried out in accordance with the approved Construction Method Statement and site set-up plan, unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To safeguard the amenity of adjoining land uses and occupiers and in the interests of highway safety. This condition is imposed in accordance with the National Planning Policy Framework, Policies CS5 and CS13 of the West Berkshire Core Strategy (2006-2026), Policy TRANS.1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

 

15. Access and visibility splays

The first development operation shall be the construction of the site access onto Cross Lane in accordance with the approved details. No further development shall take place until the access has been completed in accordance with the approved details, and the visibility splays shown on the approved drawings, including within the CTMP, have been provided at the site access. The visibility splays shall, thereafter, be kept free of all obstructions to visibility above a height of 0.9 metres above carriageway level.

 

Reason: In the interests of road safety. This condition is imposed in accordance with the National Planning Policy Framework and Policy CS13 of the West Berkshire Core Strategy (2006-2026). A pre-condition is necessary because safe access must be maintained from the outset of construction.

 

16. Agricultural Land Management Strategy

The development hereby approved shall not begin producing electricity until an Agricultural Land Management Strategy has been submitted to and approved in writing by the Local Planning Authority. The Strategy shall include the following:

 

a)    A strategy for reinstatement, restoration and after plans for the soil to return the soil to the former land quality grade or as close as reasonably possible.

b)    A agricultural land management plan for the lifetime of the development.

 

Thereafter the development shall be carried out in accordance with the approved details.

 

Reason: Soil is a finite resource which plays an essential role within sustainable ecosystems, performing an array of functions supporting a range of ecosystem services, including storage of carbon, the infiltration and transport of water, nutrient cycling, and provision of food. The soil before the solar panels need to be maintained so that the land can be returned to its original condition This condition is imposed in accordance with the National Planning Policy Framework, and Policies ADPP1, ADPP6, CS14, CS17, CS18 and CS19 of the West Berkshire Core Strategy (2006-2026).

 

17. Construction Environmental Management Plan

No development shall take place (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP 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).

(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.

 

Reason: This condition is imposed in accordance with the National Planning Policy Framework, and Policies ADPP1, ADPP6, CS14, CS17 and CS19 of the West Berkshire Core Strategy (2006-2026. A pre-commencement condition is required because the LEMP may need to be implemented during construction.

 

18. Landscape and Ecological Management Plan (LEMP)

No development shall take place until an updated Landscape and Ecological Management Plan (LEMP) (also referred to as a Habitat or Biodiversity Management Plan) has been 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 organization 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.

 

Reason: This condition is imposed in accordance with the National Planning Policy Framework, and Policies ADPP1, ADPP6, CS14, CS17 and CS19 of the West Berkshire Core Strategy (2006-2026. A pre-commencement condition is required because the LEMP may need to be implemented during construction.

 

19. Time constraints for ecological plans/updated reports

Bat reports will need to be updated every 12 months and all other surveys after 3 years. As such after 12months/3 years (as appropriate to their validity) from the date the approved report is written a further supplementary ecological survey will need to be undertaken and submitted to and approved in writing by the Local Planning Authority along with any mitigation measures updated. Thereafter the development shall be undertaken in accordance with the approved details.

 

Reason: Ecological surveys are valid for limited periods of time. As such, they will need to be kept under review to ensure the appropriate mitigation measures are in place in accordance with the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy 2006-2026.

 

20. Lighting strategy (Landscape/Ecology)

No external lighting shall be installed until a lighting strategy has been submitted to and approved in writing by the Local Planning Authority. The strategy shall:

(a) Identify those areas on the site that are particularly sensitive for bats and that are likely to cause disturbance.

(b) Show how and where external lighting will be installed so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species.

(c) Include isolux contour diagram(s) of the proposed lighting.

(d) Ensure all lighting levels are designed within the limitations of the appropriate Environmental Lighting Zone , as described by the Institute of Lighting Engineers.

 

No external lighting shall be installed on site except in accordance with the above strategy.

 

Reason: To ensure the conservation and enhancement of the biodiversity assets of the site. This condition is applied in accordance with the National Planning Policy Framework, and Policies CS17 and CS19 of the West Berkshire Core Strategy 2006-2026.

 

21. Restrictions during bird breeding season

No demolition, or site/vegetation clearance shall take place during the bird breeding season (March to August inclusive) unless carried out under the supervision of an experienced ecologist, who will check the habitat to be affected for the presence/absence of any birds' nests. If any active nests are found then works with the potential to impact on the nest must temporarily stop, and an appropriate buffer zone shall be established, until the young birds have fledged and the nest is no longer in use.

 

Reason: To prevent harm to nesting birds from demolition and vegetation clearance. This condition is applied in accordance with the statutory provisions relating to nesting birds, the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy 2006-2026.

 

22. Hard landscaping

The development hereby permitted shall not commence until the hard landscaping of the site has been completed in accordance with a hard landscaping scheme that has first been submitted to and approved in writing by the Local Planning Authority. The hard landscaping scheme shall include details of any boundary treatments (e.g. walls, fences) and hard surfaced areas (e.g. driveways, paths, patios, decking) to be provided as part of the development.

 

Reason: Landscaping is an integral element of achieving high quality design. This condition is applied in accordance with the National Planning Policy Framework, Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), and the Quality Design SPD.

 

Informatives

 

1. Proactive statement

This decision has been made in a positive way to foster the delivery of sustainable development having regard to Development Plan policies and available guidance to secure high quality appropriate development. In this application whilst there has been a need to balance conflicting considerations, the local planning authority has secured and accepted what is considered to be a development which improves the economic, social and environmental conditions of the area.

 

2. Compliance with conditions

Your attention is drawn to the conditions of this permission and to the Council's powers of enforcement, including the power to serve a Breach of Condition Notice under the Town and Country Planning Act 1990 (as amended). All Conditions must be complied with. If you wish to seek to amend a condition you should apply to do so under s.73 of the Act, explaining why you consider it is no longer necessary, or possible, to comply with a particular condition.

 

3. Pre-conditions

This decision notice contains pre-conditions that impose requirements which must be met prior to commencement of the development. Failure to observe these requirements could result in the Council taking enforcement action, or may invalidate the planning permission and render the whole of the development unlawful.

 

4. Compliance with approved drawings

Planning permission is hereby granted for the development as shown on the approved drawings. Any variation to the approved scheme may require further permission, and unauthorised variations may lay you open to planning enforcement action. You are advised to seek advice from the Local Planning Authority, before work commences, if you are thinking of introducing any variations to the approved development. Advice should urgently be sought if a problem occurs during approved works, but it is clearly preferable to seek advice at as early a stage as possible.

 

5. Access construction

The Asset Management team, West Berkshire District Council, Environment Department, Council Offices, Market Street, Newbury, RG14 5LD, or highwaysassetmanagment@westberks.gov.uk should be contacted to agree the access construction details and to grant a licence before any work is carried out within the highway. A formal application should be made, allowing at least four (4) weeks’ notice, to obtain details of underground services on the applicant’s behalf.

 

6. Damage to footways, cycleways and verges

The attention of the applicant is drawn to the Berkshire Act, 1986, Part II, Clause 9, which enables the Highway Authority to recover the costs of repairing damage to the footway, cycleway or grass verge arising during building operations.

 

7. Damage to the carriageway

The attention of the applicant is drawn to the Highways Act, 1980, which enables the Highway Authority to recover expenses due to extraordinary traffic.

 

8. Incidental works affecting the highway

Any incidental works affecting the adjoining highway shall be approved by, and a licence obtained from, the Principal Engineer (Streetworks), West Berkshire District Council, Transport & Countryside, Council Offices, Market Street, Newbury, RG14 5LD, telephone number 01635 – 503233, before any development is commenced.