LANGDON PARISH COUNCIL
RESPONSE
OLD ENGINE SHED FIELD, EAST LANGDON
PLANNING APPLICATION – DOV/13/01106
PROPOSAL: Installation of ground mounted photovoltaic solar arrays to provide 11 MW
generation capacity together with power inverter systems; transformer stations; internal
access track; landscaping; stock fencing and associated infrastructure.
February 2014
INTRODUCTION
Langdon Parish Council has carefully considered the Solar Farm proposal in great detail and
given parishioners the opportunity to discuss its merits. The Parish Council concludes that
the Solar Farm site is inappropriate and permission should be refused.
In preparing the following report, the Parish Council has referred to the National Planning
Policy Framework, the Government’s Planning Practice Guidance for Renewable Energy and
Low Carbon Energy, Dover District Council Local Plan and the reports that accompany the
application: numbered references refer to paragraphs in the individual documents.
AGRICULTURAL ASSESSMENT
3.47
Langdon Parish Council strongly objects to the loss of high quality grade 2
and 3a agricultural land.
National Planning Policy Framework (NPPF)
Paragraph 17
a) Planning should contribute to conserving and enhancing the natural environment. To this
end preference should be given to using land of lesser environmental value. Planning should
encourage the effective use of land by re-using land that has been previously developed
(brownfield land) provided that it is not of high environmental value.
Paragraph 111
b) Planning policies and decisions should encourage the effective use of land by re-using land
that has been previously developed (brownfield land), provided that
it is not of high environmental value.
Paragraph 112
c) Local planning authorities should take into account the economic and other benefits of the
best and most versatile land. Where significant development of agricultural land is
demonstrated to be necessary, local planning authorities should seek to use areas of poorer
quality land in preference to that of a higher quality.
3.47-49
“Exposure limitation” does not reduce the quality of the land below grade 3a
– the best and most versatile land. The importance of best quality land as a
source for food is a national and not just a local resource.
In summary the application is contrary to the NPPF for the following reasons:
Para.17 – it fails to conserve and enhance the natural environment and fails to give
preference to land of lesser environmental value
Para.111 – it fails to re-use land that has previously been developed
Para. 112 – it undermines the economic and other benefits of the best and most
versatile land for agricultural purposes and fails to use land of lower quality in
preference to land of higher quality.
4.9
The potential of a few beehives does not replace the loss of arable land. The
land managed under the HLS scheme could be enlarged and planted with
wild flowers with the same outcome without the need to industrialise the area
with solar panels.
The application does not comply with the Government’s planning practice
guidance for renewable and low carbon energy, specifically paragraph 27, because
the proposed agricultural uses are an inappropriate and wasteful use of best and
most versatile land.
6.4
….solar farms are normally temporary structures
A large area of high quality land will be taken out of production for a period
of 25 years. There is no guarantee that the land will ever be returned to
agricultural use. The site will be sold on, maybe several times and application
can be made in future to have a planning condition removed. With the ready
access to the high voltage line and, with upgrading, the possibility of infilling
and new energy technologies, this “industrialised” site will remain attractive
to energy speculators for many years to come.
The application is contrary to NPPF para 112 and the economic benefits that
it seeks to preserve.
6.5
The ALC grading is lightly and conveniently dismissed. Policies are in place
to protect the land and its use and Langdon Parish Council strongly objects to
any attempt to dismiss them in the interests of financial gain.
Attention is drawn to “The Natural Choice: securing the value of nature “ para.
2.35. The White Paper, as an expression of Government policy, requires that the
planning system should protect the best and most versatile agricultural land.
5.10
Furthermore the application has not demonstrated the ability or need to
sustain the rural economy and is therefore contrary to Core Strategy policy
DM 15.
6.8
The applicant argues that a solar farm would represent diversification on the part
of the landowner. In normal circumstances, the logical rationale for farm
diversification would be to support a failing or marginal business not to take high
quality land out of production.
Langdon Parish Council believes this diversification argument does not apply.
6.9
The Parish Council further challenges the statement that restoration of the
Engine Sheds would help “sustain the rural economy or community.”
Machinery stored at Langdon Court Farm either turns right and then right onto
Waldershare Lane or straight ahead up Solton Lane (whose verges have been badly
damaged by large agricultural vehicles) and then along the A258 to Martin Mill.
The vehicles would still need to use Solton Lane following a move to the Engine
Sheds and there would therefore be no benefit to the rural economy or community.
LANDSCAPE AND VISUAL IMPACT ASSESSMENT
1. Letter from the Minister for Energy and Climate Change
In his letter to Local Authorities dated 1 November 2013, the Minister for energy and climate
change states, “ I am keen for the focus of growth to be firmly on domestic and commercial
roof space and previously used land.”
The proposal is on grade 2 and 3a best quality arable land.
2. National Planning Policy Framework (NPPF)
Paragraph 17 requires that planning decisions should …..take account of the different roles
and character of different areas, promoting the vitality of our main urban areas, protecting the
Green Belts around them, recognising the intrinsic character and beauty of the countryside and
supporting thriving rural communities within it.
The area has a local SLA designation.
3. Planning Practice Guidance for Renewable Energy and Low Carbon Energy
a) Paragraph 5 …..all communities have a responsibility to help increase the use and supply of
green energy, but this does not mean that the need for renewable energy automatically
overrides environmental protections and the planning concerns of local communities.
b) Paragraph 8 ….. the potential impacts on the local environment, including from cumulative
impacts. The views of local communities likely to be affected should be listened to.
c) Paragraph 15 ….. the need for renewable or low carbon energy does not automatically
override environmental protections
The angular and regular appearance of the solar farm would be an alien feature in the
rural mosaic landscape.
4. National Solar Centre and the Solar Trade Association
Locational guidance signed up to by the industry advises that sites should comprise flat land
that is well screened in order to minimise visual impact.
The site selected is on a south facing slope and therefore contrary to accepted practice in
the industry.
4.3
Langdon Parish Council challenges the value of “energy contribution at the local
level” described by the developer as protection against brownout.
6.15
“…….land with little intrinsic landscape value or visual amenity” Langdon Parish
Council challenges this statement. The area carries the local landscape
designation of Special Landscape Area.
In his Appeal Decision
APP/X2220/A/08/2071880, David Lavender refers to the “quintessentially
undisturbed rural setting of East Langdon.”1
6.16
The report acknowledges that, “…. The proposed development would bring about a
high magnitude of change on the site with the introduction of a new element of energy
infrastructure on the site.
1
Appeal Decision APP/X2220/A/08/2071880 para.104
Langdon Parish Council strongly objects to the proposed industrialisation of this
site and the adverse impact on the character of this rural landscape.
6.20
“…..as a result of such new planting…the effect…would over time change from
adverse to beneficial. Langdon Parish Council challenges the generality of
statement which chooses to overlook the solid, industrial rows of solar panels that
would still be present.
7.2
“…. generally would not be considered to be incongruous …”
Langdon Parish Council challenges the possibility of the black appearance of the
panels looking anything other than incongruous against the palette of the
surrounding colours of nature.
7.29
“…..would not detrimentally harm the character of the SLA within the landscape….”
Langdon Parish Council strongly objects to this conclusion. The change of use of
the land from agricultural to industrial is detrimental to the SLA landscape.
7.6/7 “…there would be clear views of the site for a length of approximately 500m
……..there would be a major adverse effect..”
Langdon Parish Council contends that this view cannot be screened and would
always have an adverse impact on the experience of the many parishioners who
regularly drive along Waldershare Lane.
7.12
“….the footpath has a high sensitivity to a change of this nature……would result in a
major adverse effect on a 1km of the PROW.
Langdon Parish Council objects to the loss of enjoyment that users of this rural
public amenity would experience over a significant section of this PROW.
Photoviews
The scope of the views and detail given is acknowledged but the lack of any montages
to give an indication of the potential appearance of the solar farm is considered
unhelpful.
8.4
The proposed planting scheme is noted. It is also noted that the new hedges planted
along Waldershare Lane are very immature and will not provide any effective
screening for many years to come neither will any new planting. Native hedgerows
lose their leaves in winter and any potential screening benefits will be lost. It is
therefore probable that screening will not be effective.
9.9
In common with other documents attached to this application, all identified adverse
effects are swiftly overlooked in the interests of proving that this is a suitable site.
This is contrary to para.15 ….. the need for renewable or low carbon energy does
not automatically override environmental protections.
OTHER STATEMENTS
STATEMENT OF COMMUNITY INVOLVEMENT
4.1
Langdon Parish Council challenges the statement that this has been a “robust”
consultation programme. Less than half of parishioners were consulted by letter.
There are 253 dwellings in the parish of Langdon alone; a total of just 106 letters
was distributed including properties in Pineham.
The address, given by DDC planning, of The Engine Shed Field, Sutton Court Farm
was confusing for residents and did not invite community involvement.
Lumicity’s policy of not mounting an exhibition precluded community involvement.
DESIGN AND ACCESS STATEMENT
5.13
Langdon Parish Council challenges the location of “glass houses or rows of plastic
sheeting to maximise crop production.” Where are they?
PLANNING STATEMENT
4.11
Langdon Parish Council is greatly concerned that the Planners are playing scant
regard to the importance of access to the site. The attention of DDC planning is
drawn to the following:
The Planning Statement Section 3: Planning History makes no reference to application
11/00742 "Construction of a load bearing surface on to an existing access" which was
granted full permission on 20 October 2011 for a single track farm road for all weather
agricultural access to an agricultural field (41A) through an existing gap in the tree
line. No construction work has started.
Section 3.5 refers to Application Ref: 12/00381 which was for "The construction of a
concrete grain tipping pad". This is not for site access and is irrelevant to the Solar
Farm application. Full Permission was granted on 26 July 2012 but no construction
work has started.
The Parish Council asserts that the Solar Farm application incorrectly assumes
construction site access as granted under 11/00742 which is solely for agricultural use.
4.12
6.4
Development Proposal: Section 4.12 refers again to application 12/00381 and the
removal of a section of the band of trees and vegetation for which permission has been
granted. This is incorrect; the Parish Council cannot find any such reference in
12/00381 Design and Access Statement dated May 2012.
“Details of the site search are set out within the accompanying Design and Access
Statement.”
Langdon Parish Council has been unable to locate this evidence in the named
document.
ECOLOGICAL SCOPING SURVEY
3.5
“No birds were recorded during the scoping visit” Langdon Parish Council notes that
the visit took place in November and comments that this is a beautiful area of natural
beauty, abundant with wildlife all year round, especially spring and summer.
CONCLUSION
Langdon Parish Council considers that DDC have done little in the Core Strategy to
protect this community from repeated speculative forays by energy companies. Attention
is drawn to the policies put in place by Ashford Borough Council that were instrumental
in the refusals of solar farm applications at Hothfield, 13/01022/AS and Kenardington,
13/1074/AS. The Council strongly recommends that the failure of this application to meet
the requirements of DM15 is given very serious consideration and that, together with the
failure to meet National Planning requirements, identified above, the application be
refused.
In the unlikely event that the Planning Committee approve the application, Langdon Parish
Council would wish to engage with the planners to reduce the visual impact by improving the
landscaping of the site both externally and within the solar arrays and explore the offer of a
community benefit as proposed in a letter from Lumicity received on 14 January 2014.
Langdon Parish Council would also require to see the following conditions applied:
1
2
3
4
5
6
Construction of an access from Archer’s Court Road and ensuing track to conform with
the design granted permission in 11/00742.
The route for maintenance access to the site once the construction phase is complete to
be specified.
Reason: to clarify the ambiguity that exists in the application between access from
Waldershare Lane and the yet unconstructed Archer’s Court Road route.
Solar panels to be sufficiently far apart that grass is clearly visible from a distance.
Reason: to ensure that grass is a permanent feature of the project throughout its 25 year
lifespan.
Responsibility for the planting of wild flowers to be specified. Planting to be
sympathetic with the chalk downlands and approved by an appropriate external agency.
Reason: wild flowers to be evident in abundance throughout the 25 year lifespan of the
project.
Responsibility for regular grazing of the land throughout the life of development to be
specified.
Reason: there is no livestock currently on the farm. The control of grass growth by
spraying would undermine any potential environmental benefits.
The land to be fully restored to agricultural use at the end of 25 years.
Reason: there will be no permanent change of use from agricultural to industrial.