Planning Committee
-
06/11/2014
Application Number W/14/01244/PN
Site Address
Defford Aerodrome, Rebecca Road, Besford, Worcester, WR8 9ES
Description of
Development
Proposed ground mounted solar farm, associated works and
ancillary infrastructure
Case Officer
Jonathan Edwards
Applicant
Parish
Multiple Parishes Defford/Besford
Agent
Ward
Member(s)
Reason for
Referral to
Committee
Key Issues
Solar Planning Limited
Smiths Gore
Cllr Ron Davis
Expiry Date
Major application/
departure from
development plan
- Principle of the development
- General layout and design
- Landscape and visual impact
- Impact on heritage assets
- Highway safety
- Impact on residential amenity
- Nature conservation
- Flooding and drainage
25/09/2014
Recommendation
1.
Approve, subject to the Worcestershire Wildlife Trust confirming
its position on the proposed development and the impact of the
proposal on the ecological importance of the site.
SITE DESCRIPTION AND DETAILS OF PROPOSAL
The application site is located to north west of Defford and measures
approximately 104 hectares (excluding land take for cable route outside
Wychavon District). Much of this area is currently cropped for arable purposes
although there are also smaller areas of copse, the largest of which is called
Porter's Ashbed. As part of a former airfield, the site is generally flat. A
watercourse known as Bourne Brook flows to the south of the site with smaller
ditches and streams discharging into the brook.
The former airfield complex in the middle of the historic airfield (but outside the
application site) is now occupied by West Mercia Police. The A4104 lies to the
south running in a west direction from Defford towards Quay Lane that
continues westwards. Vehicular access can be gained onto the site and to a
number of existing tarmac tracks/former runways on the site from Quay Lane.
Several public footpaths lead from the A4104 and off Harpley Road towards the
southern part of the application site and Porter's Ashbed. A railway line runs
in an approximately north/south direction on the eastern boundary with the
villages of Besford (about 400 metres from the application site) and Defford
(some 900 metres distance) on the eastern side of the railway. Croome Hall
and Park, a Grade I listed building and registered park and garden lies to the
west beyond a belt of trees. This tree belt stretches northwards to Rebecca
Road and Lincoln's Farm.
The application proposes the provision of a ground mounted solar farm with
arrays of solar PV modules set out in rows and mounted on a framework
system. Since the initial application the scheme has been amended so the
number of arrays proposed has been reduced. The proposed development
would now generate up to 41.11 MWp of electricity. The revised scheme
shows some twenty one separate groups of modules positioned towards the
north, east and south of the site. An area of modules to the south west of the
airfield was initially proposed but is omitted from the revised scheme. The
proposed arrays and associated infrastructure would accommodate some 60
hectares. The remainder of the application site would be used for landscaping
to address comments made about ecology and for site access and cable route.
The PV modules would be fixed to a mounting system comprising of ground
stakes which anchor the panels into the ground. The modules will be set at an
angle tilted southwards with the lowest edge of the panel 0.83 metres above
ground level and the upper edge 1.47 metres above the ground. The
development would be temporary for a period of 25 years.
The proposed development also includes supporting infrastructure such as:- 21 inverter enclosures (measuring some 2.7 metres high, 4.6 metres wide and
15.5 metres long and positioned around the site)
- a distribution network operator cabin (measuring some 2.3 metres high, 4.5
metres wide and 5 metres long) and a customer cabin (measuring 3.1 metres
high, 10 metres long and 2.5 metres wide), positioned towards the southern
part of the site;
- security fencing measuring 2 metres high positioned around the groups of
modules;
- provision of high security cameras set at 35 metre centre around the
perimeter of each fenced off group and set 2.5 metres high
- provision of access tracks at various places around the site;
- provision of landscaping including planting along the southern and eastern
boundaries
All cabling will be underground. The submissions also show a cable route
linking the development to the point of grid connection some 1.98 KM to the
south of the main part of the application site. The majority of this element of
the proposed development lies within Malvern Hills district and a repeat
planning application has been submitted to Malvern Hills District Council for
determination.
The following documents have been submitted as part of the application:
-
Planning Statement;
Landscape and Visual Impact Assessment;
Agricultural Appraisal;
Flood Risk Assessment;
Construction Traffic Management Plan;
Statement of Community Involvement;
Ecological Appraisal
Heritage Assessment
Glint and Glare Assessment
Phase 1 Ground Condition Report
Also additional and revised documents have been submitted in response to
consultees initial comments on the proposal.
The application is the subject of a committee site visit at the request of the local
member.
2.
PLANNING POLICY AND LEGISLATIVE FRAMEWORK
The Development Plan
The determination of a planning application is to be made pursuant to section
38(6) of the Planning and Compulsory Purchase Act 2004, which is to be read
in conjunction with section 70(2) of the Town and Country Planning Act 1990.
Section 38(6) requires the local planning authority to determine planning
applications in accordance with the development plan, unless there are material
circumstances which 'indicate otherwise'. Section 70(2) provides that in
determining applications the local planning authority "shall have regard to the
provisions of the Development Plan, so far as material to the application and to
any other material considerations."
The development plan consists of the Wychavon District Local Plan 2006 and
the Waste Core Strategy for Worcestershire - Adopted Waste Local Plan
2012-2027. This follows the revocation of the West Midlands Regional Spatial
Strategy and saved Worcestershire Structure Plan policies on 20 May 2013.
Wychavon District Local Plan (WDLP)
On 29 May 2009 the Secretary of State wrote to confirm that various policies in
Wychavon District Local Plan were 'saved' under paragraph 1(3) of Schedule 8
to the Planning and Compulsory Purchase Act 2004. The following saved
policies are relevant to this application:
GD1 (Location strategy for new development)
GD2 (General development control)
ENV1 (Landscape character)
ENV2 (Cotswold Area of Outstanding Natural Beauty)
ENV6 (Protected species)
ENV7 (Protection of wider biodiversity)
ENV8 (Protection of hedgerows, trees and woodland)
ENV10 (Sites of Archaeological Importance)
ENV11 (Historic Parks and Gardens)
ENV14 (Settings of Listed Buildings)
ENV18 (Development in areas of low to medium flood risk)
ENV19 (Surface water run-off)
SUR1 (Built design)
SUR2 (Landscape design)
The Waste Core Strategy for Worcestershire Adopted Waste Local Plan 2012-2027
The Waste Local Plan was adopted by Worcestershire County Council on 15
November 2012 and is a plan outlining how to manage all the waste produced
in Worcestershire up to 2027. The following policies are relevant to this
application:
WCS16 (New development proposed on or near to existing waste management
facilities)
WCS17 (Making provision for waste in new development)
International Policy
EU Renewable Energy Directive (2009/28/EC)
Government Policy
National Planning Policy Framework 2012
Planning Practice Guidance 2014
UK Renewable Energy Strategy, DECC 2009
National Planning Statement (NPS) for Energy (EN-1) and NPS EN-3
Other Material Planning Considerations
Planning and Wildlife SPD 2008
Water Management SPD 2009
Water Cycle Strategy 2010
Worcestershire Local Transport Plan 3 - Highways Design Guide 2011
UK Solar PV Strategy Part 2
BRE National Solar Centre Biodiversity Guidance for Solar Development
South Worcestershire Development Plan (SWDP)
Wychavon, in partnership with Worcester City and Malvern Hills District
Councils, submitted a replacement local plan, the SWDP, to the Secretary of
State in May 2013. The examination of the SWDP commenced in October
2013.
SWDP1 (Overarching Sustainable Development Principles)
SWDP6 (Historic Environment)
SWDP22 (Biodiversity and Geodiversity)
SWDP24 (Management of the Historic Environment)
SWDP25 (Landscape Character)
SWDP27 (Renewable and Low Carbon Energy)
SWDP28 (Management of Flood Risk)
SWDP29 (Sustainable Drainage Systems)
SWDP30 (Water Resources, Efficiency and Treatment)
SWDP33 (Waste)
Relevant Legislation
Wildlife and Countryside Act 1981
Town and Country Planning Act 1990 (as amended)
Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended)
Planning and Compulsory Purchase Act 2004
Natural Environment and Rural Communities (NERC) Act 2006
Planning Act 2008
The Conservation of Habitats and Species Regulations 2010
Growth and Infrastructure Act 2013
Local Information
Worcestershire CC Renewable Energy Study (2008)
WCC - Planning for Renewable Energy in Worcestershire - technical research
paper (January 2009)
Cotswold AONB Management Plan
Worcestershire County Council Landscape Character Assessment
3.
RELEVANT PLANNING HISTORY
The former airfield site has been the subject of a number of planning
applications, however none of which are considered relevant to the current
scheme. The latest application is as follows:Case No
Proposal
Summary
Decision Date
W/09/02317/PN
A new build repository to provide
storage and office accommodation
together with adjacent storage with
covered vehicular access, car
parking and access road.
Approved
18/12/2009
Pre-application Engagement
The applicants requested a screening opinion under the provisions of the Town
and Country Planning (Environmental Impact Assessment) Regulations 2011.
Officers provided the opinion that the proposal is not EIA development.
Public Consultation
The Statement of Community Involvement explains that the plans and a public
exhibition were widely publicised through an advert in the local paper. Individual
letters were sent to 290 residents and businesses and a letter sent to 45
stakeholder. A dedicated website has been set up. In total 31 people
completed feedback forms.
4.
CONSULTATION RESPONSES
Defford and Besford Parish Council:
Do not object to this proposal, but the Parish Council request that approval is
subject to the following requirements;
1) Concerned that the proposed landscaping is not sufficient to shield this very
large, intrusive scheme. A bund or bunds are required along the boundaries of
the application site and the individual sections of the proposed development
and all planting should be on top of these bunds.
2) Having read the glare and glint report, the Parish Council are concerned
about the effect of glaze and glare on the Besford side of the development and
request that the planners ensure that changes are made to ensure that there
will be no glaze and glare effect.
Malvern Hills District Council:
Initial comments
General observation
Concern raised over particular glint and glare effect on Malvern Hills AONB.
Requests further information.
Highlight the importance of views to and from Croome Park, which falls within
the Malvern Hills District and is a Grade I registered park and garden of
national importance. We would urge the applicant to seek to overcome EH
initial concerns/queries.
Comments following receipt of further and revised information
The additional information submitted has satisfactorily addressed the concerns
raised in respect of the potential for glint and glare as viewed from the ridgeline
of the Malvern Hills.
Earl Croome Parish Council:
Application site is not in this parish but proposed access route and cable route
are both in the parish of Earl Croome.
Quay Lane is well used. No mention made of the businesses other than
Countrywide Depot site nor other properties on Quay Lane in the Construction
Traffic Management Plan. Also no mention of the gas distribution business
operated from the Countrywide depot and the fact the site is used by 5 to 6 gas
tankers going to and from the site each day. Also county council green waste
freighters also use the roadway to compost processing plant on Defford
Aerodrome.
Turning off the A4104 is not suitable for additional use by HGV's. Suggest site
is accessed via Rebecca Road.
Worcestershire County Council - Highway
Comments on proposed cable route - acceptable in principle, appropriate
licence will be required
HGV delivery route - proposed route is acceptable but would wish to see
measures put in place to minimise likelihood of HGV's travelling through Earls
Croome as the roads through the village are of limited width and have
restrictive geometry. Note the application proposes temporary directional
signage and would wish to see a route to and from the site clearly signed from
the A38/A4104 junction onwards. In addition signs indicating no access to
Solar Farm construction vehicles should be appropriately place at the Rebecca
Lane access.
Traffic generation - traffic generation raises no cause for concern as resulting
traffic generation would be more likely to be widely spread on the highway
network.
Site access - cannot agree with applicant's claim that the site access junction
has favourable visibility conditions in that visibility is restricted by both
horizontal and vertical alignment of the C2105 either side of the junction.
However mindful that the additional traffic generated by the proposal would use
the junction over a finite construction period. Adequate mitigation could be
provided by the provision of signs warning of the construction site access.
Route from Quay Lane to the site is private. Road narrows after initial stretch
however seems unlikely that congestion would be caused on the public
highway as a result. However adequate on-site facilities must be provided to
ensure that no HGV's have to stand or park on the private site access road.
Suggests conditions.
Cotswold AONB Conservation Board
Refers to section 85 of the Countryside and Rights of Way Act 2000 and the
requirement for the council to have regard to the purpose of designation of the
AONB.
Reference to appeal decision from Suffolk, local plan policy RES2 and National
Policy Statement for Energy (EN-1), particularly the duty to have regard to the
purposes of nationally designated areas also applies when considering
applications for projects outside the boundaries of these areas which may have
impacts within them. Also reference to NPPF (para. 17), Planning Policy
Guidance, UK Solar Strategy Part 1 and statements from Nick Bowles and
Greg Barker.
Noted that the north/south extent of the site is approximately the same as the
built environment of Pershore and that it is substantially larger in footprint that
any of the settlements in the local area. The site is clearly visible from Bredon
Hill within the Cotswold AONB. Sensitivity of people to landscape change
viewing the landscape at known viewpoints is very high. Board is of the view
that due to the scale of the proposal and urbanising character it will have a
significant adverse effect on views from Bredon Hill.
Board note the glint and glare assessment. No specific consideration is given
to the possible effects on people at the Bredon Hill viewpoint.
Further comments following receipt of amend/additional information
Have viewed the amended scheme and assessment of the impact in views
from the Bredon Hill viewpoint. It is clear this is a solar farm of a very
substantial size. However the following points are noted:
- the proposal has no direct impact on the Cotswolds AONB, being outside the
designated area.
- the proposal does not physically interfere with views from Bredon Hill
- the view from the Bredon Hill viewpoint is of an extensive, virtually 360
degree panorama.
- this view is of a predominantly rural area, with backdrops of the Malvern Hills
and Cotswold Escarpment (of which Bredon Hill is an outlier.)
- within this view there are a number of settlements of varying sizes, large
commercial developments, and glasshouse complexes. The visible landscape
is not therefore devoid of urbanising features, of which the solar farm would
become another, albeit large such feature in the wider landscape. It is some
5km from the Bredon Hill viewpoint and therefore would not dominate the view
from this point. The amended layout of the scheme, together with proposed
mitigation measures has improved this position.
In view of the above the amended scheme would not have such an adverse
impact on the special qualities of the AONB as set out in the AONB
Management Plan 2013-18, and the statutory purpose of designation of the
Cotswolds AONB so as to warrant refusal on those grounds.
Consideration has been given to the amended Glint and Glare assessment.
Subject to the council being satisfied that this will not cause undue harm, then
the Planning Officer would advise the Board to have no objections to the
proposal as now submitted.
Worcestershire Regulatory Services:
Revised comments following receipt of further information.
As the site was a former world war airfield and some channelling is being
undertaken, there could be unknown potential contamination issues.
Recommend condition.
Environment Agency:
Initial comments
Object to the application due to concerns in relation to flood risk. Also
development presents a contamination risk to controlled water but we believe
this can be satisfactorily addressed through the inclusion of conditions.
Further comments following receipt of additional/revised information
Remove objection to the proposed development.
Panels in the south west corner of the site have been removed from the
scheme. The revised layout shows all of the proposed panels located within
flood zone 1 based on EA Flood Map for Planning (Rivers and Sea) map.
Land contamination report is generally considered appropriate for a phase 1
assessment and concur with the findings. Provide comments on the
recommended intrusive investigation. Having viewed the report recommend
condition.
Worcestershire County Council - Head of Economic Development and
Planning
Initial comments
Unable to support the application until matters in relation to Waste Core
Strategy 16 and WCS17 have been resolved.
Green Infrastructure
Recommend any works on the site would not lead to further biodiversity
deterioration but support its restoration whilst contributing to other green
infrastructure functions such as landscape, historic environment, water and
access and recreation issues.
Landscape
Suggest extra viewpoint from elevated Pirton Ridge (on western edge of the
Old Park). Do not agree that views from Croome Park to east were historically
prevented by broad band of woodland. Suggest additional planting along
western edge of the development to protect the setting of the RPG. Character
of the unenclosed commons has been significantly degraded with various built
developments. However the character of the area is still very distinctive and
care should be taken not to compromise the eventual return to the character of
unenclosed commons at the end of the 25 year operational period.
Further comments following receipt of amended and additional information
Waste Planning Policy
Please application submissions now refer to Waste Core Strategy. Satisfied
that the issues of concern have been considered.
The applicant has confirmed that the proposed development would not be
adversely affected by operations at the existing Croome Farm composting site.
Satisfied the applicant has considered the requirements of policy WCS16.
Also applicant has stated that there will be waste storage facilities and waste
will be separated during construction. Suggest a condition relating to the issue
of waste management both during construction and during de-commissioning.
Worcestershire County Council - Lead Local Flood Authority
Revised comments following receipt of amended/additional information
Pleased to see applicants have responded to previous comments and concerns
over solar panels in south west corner being in high flood risk area. Welcome
the use of fluvial and surface water flood risk maps to inform the proposed site
layout and to place all solar panels and structures in areas at low risk of
flooding. Also welcome the incorporation of buffer zones to the watercourses
and surrounding drainage ditches.
Reiterate previous comments that absence of records of flooding should not be
taken as an assumption the site does not flood. Also that some watercourses
have not been modelled and therefore premature to conclude the proposed site
is entirely within flood zone 1 and not subject to flooding. This is of particular
concern given the absence of any assessment of the capacity of the culvert to
convey flood flows in order to verify the flood map extent and to identify a flow
route should the culvert block.
English Heritage:
Initial comments
We consider that the application analyses the setting of the designated heritage
assets and the impact on their significance well. The assessment identifies
areas where the solar farm will be visible in important views. However do not
agree that the scheme will not affect the important aspects of the setting of the
registered park and garden (RPG) nor that it will not feature in any key views to
or from the asset.
We do not agree that views out of the park were limited to the distant hills and
that the land in between did not make a contribution to these views and the
significance of the landscape. Although the tree belt is a key characteristic of
Brown's landscapes we do not agree that such belts completely screened the
surrounding landscape here. The early maps appear to record a gap in the
trees towards the south of this eastern ridge.
Therefore to understand the harm to the RPG and the associated listed
buildings, we need more analysis of views from the RPG. Also further
consideration should be given to the effect of the development on distant views
to three hill forts of Kemerton Camp, Midsummer Hill Camp and Herefordshire
Beacon Camp to ensure any negative impact has been considered and
assessed and therefore mitigated for in the development proposal.
Further comments following receipt of additional/amended information
Reiterate opinion that the gap in trees allowed views out of the RPG towards
Bredon Hill and that this view from the ridge on the eastern boundary. The
southwestern section of the solar farm has been eliminated. Additional
Illustrative information show the solar panels filling or partially filling the middle
ground in the two prioritised views towards the hill from the RPG. It is
recognised that the proposed new landscape mitigation of a thicket and the
thickening-up of existing hedges will create a certain amount of camouflage.
However the main concern is harm to the setting of the heritage asset by the
alteration of the landscape of the common and the insertion of a hard massive
element into it. Because of the low height of the development, the landscaping
mitigation, its distance from the terrace and its orientation, as well as the
significance of the whole park, we do not consider this to be substantial harm;
neither do we consider it to be significant harm.
In relation to Midsummer and Herefordshire Beacon Camps the impacts will be
at such a distance that any effect will be negligible. However the development
will create a new constructed feature in the landscape over a significant area
that is currently agricultural and the development will be readily visible from
Kemerton Camp. The development therefore represents a visible
development in the view from Kemerton Camp, but it does not constitute
substantial harm to the significance of the monument.
Minor landscaping through planting could reduce the impact of the large scale
development by creating disruption to the mass of the development. This
would be best achieved through limited tree planting on existing boundaries on
the southeast side of the development. Suggest additional planting.
We consider that the harm to the significance of the heritage assets is less than
substantial. The proposed development will cause some negative visual impact
on the setting, however it is at a sufficient distance from the registered park,
and will not occupy the entire viewing corridor of the particularly significant view
through the historic gap. Therefore do not object. We have considered a
range of other issues in relation to this proposed development and do not wish
to raise any additional concerns except for the recommendation above in
relation to further mitigation to reduce the impact on views from Kemerton
Camp.
National Trust:
Development has potential to harm heritage significance and visual amenity on
East Ridge of Croome Park, a grade 1 registered historic park and garden.
Concerns relate to effect of concentrated reflected sunlight. Agree with the
applicant's conclusions that there would be no visibility of the proposed
development from Croome Park buildings other than Dunstall Castle. Visibility
from the park will be limited to an area on the East Ridge of the park. We can
confirm that there would be limited visibility of the development from the top of
Dunstall Castle. Consider that the views would not amount to material harm on
heritage significance or visual amenity.
Further comments following receipt of additional/amended information
We have now received a site specific glint/glare assessment that shows
reflected sunlight could shine towards viewpoints within Croome Park for a few
minutes each day early in the mornings between 7 March and 7 October.
Bearing in mind the time and duration of reflections together with proximity to
view towards the sun itself, we consider that they would not amount to a reason
for refusing planning permission on either heritage or visual amenity grounds.
Additional information has been submitted in relation to views from Croome
Park ridge to Bredon Hill. Views of Bredon Hill are part of the historic design of
Croome and can still be appreciated even though marginally obscured by trees
outside NT's ownership. Some areas of the site can be seen in views towards
Bredon Hill from the ridge. The site currently appears as slivers of arable land,
partially obscured by trees and shrubs set against a backdrop of woodland
below the foot of the hill. We consider the visual and heritage impact of the
panels will be very slight and would rapidly be diminishing by proposed
landscaping. Bearing in mind the renewable energy benefits, we do not object
to this impact.
Do not object to the proposed development subject to the implementation of
proposed landscaping scheme and its maintenance.
Hereford and Worcester Gardens Trust
Initial comments
Concerned with detrimental effects on Grade 1 Listed park of Croome Court, in
particular views out of the park from the eastern boundary. Cannot accept that
views out of the eighteenth century designed landscape were not an important
and integral part of the aesthetic design. Therefore disagree with statements
in the heritage assessment.
Solar installation will be in full sight for a considerable distance. This will
represent a wholly unacceptable intrusion into the landscape and damage the
setting of the park. Do not consider that the prior existence of visual detractors
in a landscape serves in any way to mitigate the damage done by additional
detractors. Substantial parts of the scheme will be visible in ten years time
even after the maturing of proposed landscaping.
As such, the development damages the setting of the park in contravention of
requirement of both the NPPF and local plan.
Comments following receipt of further and amended information
Note response from the applicants. Disagree in one important respect.
Lancelot Capability Brown intended the land to the east to be viewed from the
park to show contrast between carefully controlled ground within the park and
the rougher less ordered common land later to become Defford aerodrome.
This is evidenced by historic plans of the park. This reinforces the view that
the easterly vistas are critical to the appreciation of the site and any obstacle to
their enjoyment should be resisted.
Worcs County Council Historic Environment Planning Officer:Application affects or may affect a heritage asset if archaeological potential.
The desk based assessment accompanying the application demonstrates that
the proposed development will not affect the significance of any known or
designated archaeological remains. The assessment acknowledges the
potential for prehistoric, Romano British and later remains. While the impact of
the scheme is comparatively small, the site will be affected by hundreds of
small bore piles and cable trenches. In order that the impact of these
groundworks can be suitably mitigated a detailed geophysical survey should be
carried out (prior to and during the development). It will provide a record of an
area that would become inaccessible for some time.
Network Rail:
Revised comments following receipt of revised glint/glare assessment
No objection.
Worcestershire Wildlife Trust:
Initial comments
Consider level of ecological survey is appropriate. Significant concern about
impact on skylarks, the site population of which is described as being of county
importance. Clear there will be significant loss of suitable habitat and resulting
breeding declines can be expected. Skylark is a species of principle
importance listed under section 41 of the NERC Act 2006. Permitting
development will not be in line with biodiversity duty set out under section 40 of
the NERC Act. The significant impact on this species has not been adequately
addressed and therefore object to the application on grounds that significant
biodiversity harm has not been avoided, mitigated or compensated for in line
with NPPF.
Suggested steps to resolve objection include (i) reduce the footprint of the
panels to retain additional space for skylarks (ii) increase the value of nearby
habitats for skylarks so that displaced birds have suitable habitats for breeding
and (iii) reduce predator increase and edge effects of the development.
Possible these options could help offset harm and indeed offer necessary
biodiversity enhancement required by NPPF.
Note mitigation and enhancement proposals for other species and habitats
We are broadly supportive of these and recommend that they be covered by a
planning condition attached to any permission you may be otherwise minded to
grant. However we would advocate a significant uplift in the winter bird crops,
which are welcome but currently rather small in relation to the scale of the
development, and close attention to the planning and maintenance regime for
hedges, grassland and ditch margins. All of these features offer significant
opportunities for ecological enhancement but only if they are successfully
implemented.
Further comments following submission of revised scheme and additional
information
Note the contents of the various associated documents and we are pleased to
see applicants have responded to our earlier objections. In particular we are
pleased to see that a substantial block of panels has been removed in the
south western part of the site. This should mean that with appropriate
landscape treatment the area will remain suitable for skylarks, which are a key
concern for us on this site.
In addition the removal of this block of panels should also allow for continued
use of the contiguous land by skylarks. In combination this ought to mean that
the overall impact on this important species is significantly reduced and whilst
we are still concerned about the loss of potential breeding habitat we feel that
the efforts made to reduce this effect have been improved. We further note that
the amended plans show more winter bird cover crops and allude to sensitive
hedge / scrub planting, which should be of use to a range of species of interest.
This is welcome and responds directly to our other key concern over the
application.
With this in mind we are willing to remove our objection to this application
provided that the council is able to impose strict landscaping and aftercare
conditions such that the proposed habitat enhancements can be secured for
the lifetime of the development.
Ramblers Association:
There a great number of public rights of way in the vicinity of the airfield. RA
has empathy towards renewable energy schemes but consider solar farms are
not things of beauty. The big advantage is that are easier screened than wind
farms.
Landform provides potential for the solar farm to be highly visible, but existing
vegetation limits that potential.
Crest of ridge to west is following by bridleway and footpaths. These are
particularly well used. From two of the footpaths estimate that a combined
length of 1200 metres would be exposed to the solar farm. Only a short length
of the bridleway at its northern end will views be possible. These views
impossible to screen.
From the south, fields to be utilised as solar farm will be seen from main road
and footpaths but hedgerows will restrict the impact. Careful reinforcement of
hedgerows would enable the solar farm not to have an adverse impact for
walkers and those on the main road. Further south, solar farm will be seen
from road passing through Lower Strensham and over the M5. Also visible from
other footpaths.
To north views are limited although possible views from the Wadborough to
Croome Road in vicinity of the railway bridge and from the railway itself.
Given the nature of the locality, the site is inappropriate for development as a
solar farm even though recognised that there are highly visible structures
already in place. This is because the arrays of panels will be so prominent in
the landscape and are incapable of adequate screening. The solar farm will
therefore be harmful to the character and appearance of the countryside.
Furthermore development will lead to a serious diminution of the enjoyment of
the network of footpaths and bridleways in the locality as a consequence of the
adverse impact of the development on the open countryside. This is further
exacerbated by the fact the locality includes a grade I historic land park
frequented by a large number of visitors. We recommend permission be
refused.
Economic Development - Chair of Council's Intelligently Green Group:
The proposed solar farm development has the potential to contribute to the
delivery of one of the council's three corporate priorities, a strong environment,
and the associated goal of reducing energy consumption and increasing the
generation of energy from renewable sources
The Wychavon Intelligently Green Plan (2012-2020) sets out our vision for a
greener, more energy efficient and self-sufficient Wychavon by 2020. If
approved, the proposed development would support the plan's energy theme.
Specifically, the development would contribute to the delivery of the following
commitments:
- Increasing the amount of energy generated from renewable sources in
Wychavon.
- Marketing Wychavon as an attractive location for renewable energy
generation and green businesses, and ensuring that policies are in place to
assist in the delivery of appropriate schemes.
Civil Aviation Trust
Not necessary to be consulted on the application.
5.
REPRESENTATIONS RECEIVED
Groups and Organisations
Defford cum Besford Village Hall Trust
Objectors
30 communications of objection have been received (NB:- one objector has
written in to withdraw their objection in light of amended plans)
Supporters
37 signed copies of the same letter in support have been received. In addition
one letter has been received
General Observations
3 general observations received
6.
Representations Made
In opposition
- concerns over scale of the proposal;
- ought to require consideration by the Secretary of State;
- query why agricultural land and not runways being used;
- once finished as a solar farm site should be returned to agricultural use;
- airfield is not hub of activity as claimed;
- noise concerns;
- concerns over visual impact of the proposal (including from Croome Park,
residential properties, public footpaths and areas to east of the railway) and
change of character of the site. Concerns will not be overcome through
additional landscaping as Defford is on in elevated position;
- concerns over the inadequacy of the application documents to properly
assess the scheme;
- concerns over impact on the setting of listed buildings (eg. those in Besford).
Submissions fail to recognise full extent of the setting of listed buildings;
- will impact on views to and from Malvern Hills and Bredon Hill;
- will be seen from Defford, Besford and Croome;
- concerns over reflection and impact on residences;
- should be provided somewhere more remote and out of sight;
- proposed tree planting will over-shadow solar panels;
- area needs to be retained as open in the event of aircraft having to abort take
off or engine failure after take off in relation to Defford airstrip;
- queries and concerns development's affect on public rights of way;
- queries and concerns on the overall sustainability of the scheme, for example
when taking into account the environmental costs of manufacture of the solar
panels, transportation and de-commissioning;
- reference made to other schemes for solar farms elsewhere in the country
that have been refused;
- proposed development will have an impact on the setting of listed buildings;
- submissions do not adequately address glare, heat generation and
implications of lunar glare;
- impact on wildlife;
- submissions do not adequately address consequences of development on
hares, fallow deer, butterflies, lapwing, yellowhammer, linnet, red buntings and
skylarks;
- surrounding habitat is not suitable for skylarks and therefore not suitable to
accommodate displaced birds;
- wildlife surveys are inadequate and impact on red list species is under-stated.
Surrounding land is unsuitable for many existing species;
- concerns over validity of the wildlife surveys not addressed by further
information;
- loss of biodiversity is contrary to NPPF;
- need under NERC Act for local authorities's duty to protect priority species;
- fencing will adversely impact existing wildlife;
- insufficient landscape proposals;
- hedging and tree screening will be inadequate in the short term;
- lack of consideration given to alternative sites;
- queries and concerns over de-commissioning of the site and disposal of
panels;
- Construction Traffic Management Plan fails to fully describe uses of
Countrywide depot site, weekend deliveries, difficulties in HGV;s using Quay
Lane junction traffic going to Red Deer Farm;
- concerns that proposed development would lead to road traffic accidents;
- object to use of Rebecca Road to access the site (members should note that it
is not proposed to use Rebecca Road to access the site);
- concern over destruction of woodland along railway line;
- will harm views from the railway line;
- proposed plans to uproot Alder Woodland on top of ridge to east of Croome
Court will open up views across the proposed development site
In Support
The material planning support for the proposal has been summarised by the
case officer to include:
- proposal ensures clean renewable energy, enough to provide for the needs of
around 12,000 homes annually;
- solar farm will provide the electricity for about a quarter of the home in
Wychavon;
- provides a significance contribution to UK's renewable energy targets;
- no footpaths cross the site or in close proximity to it;
- easy access to the site meaning minimal traffic impacts;
- solar park will be well screened from most viewpoints by existing and proposal
planting. New tree and hedgerow planting is proposed;
- there will be community benefit fund to support local community projects;
- the site is suitable as is of low agricultural grade and land will be rested from
intensive arable use, which will have significant ecological benefits.
General comments
- if community is to suffer the installation, Village Hall Trust feels that the
community should receive some substantial benefit. Suggest community
facilities should be provided with free electricity for the duration of the
installations life;
- suggest that local residents should receive a discount on their electricity bills
in return for the inconvenience;
- views from Malvern Hills have not been taken into account;
- contrary to submitted statements, the site is viewable from properties on the
other side of the railway;
- hares and deer are often seen on the site.
Applicant's Comments
The applicants additional and revised information seeks to address a number of
points raised by consultees and members of the public. These comments are
set out in appropriate sections of the report.
In additional, the applicants point out that there is no proposal to remove
trees/woodland or planting alongside the railway as suggested by one of the
objectors.
7.
OFFICER APPRAISAL
The following material planning issues are relevant to this application:
- Principle of the development
- Benefits of the proposal
- Landscape and visual impact
- Heritage assets
- Access and Highway issues
- Impact on residential amenity
- Natural heritage
- Flooding and drainage
Principle of the Development
The application site lies in open countryside outside any settlement boundary
as defined under Policy GD1 of the local plan. Policy GD1 seeks to direct
most new development to sites within defined settlements unless in accordance
with one of the other local plan policies. There are no saved local plan policies
that relates to solar farm or renewable energy facilities. As such the proposal
is contrary to Policy GD1 and the provisions of the development plan.
Policy SWDP 27 is generally supportive of renewable energy schemes
provided they comply with other policies of the SWDP. The SWDP is not
adopted and its policies can only be given limited and less than full weight at
the current time.
The NPPF states that the purpose of the planning system is to achieve
sustainable development. Para. 7 of the NPPF explains the three
dimensions/roles of sustainable development - economic, social and
environmental. Para. 14 states there is a presumption in favour of sustainable
development which is at the heart of the NPPF. This means:-
- approving schemes that are in accordance with the development plan (which
this scheme is not as contrary to Policy GD1); and
- where a development plan is absent or silent granting planning permission
unless the harm caused significantly and demonstrably outweighs the benefits
of the scheme or where specific policies of the NPPF indicate development
should be restricted.
The local plan is silent on solar farm development proposals. Therefore to
follow the provisions of para. 14, permission should be granted unless harm
significantly and demonstrably outweighs the benefits of the proposal or
specific NPPF policies indicate the development should not be allowed.
The NPPF also states the planning system has a key role in supporting
renewable energy facilities and reducing greenhouse gas emissions. When
determining applications local authorities should:- not require applicants to demonstrate the overall need for renewable energy;
and
- approve the application if its impacts are or can be made acceptable (unless
other material circumstances indicate otherwise).
The PPG provides supplementary advice to the NPPF on renewable energy
proposals. This advice includes a general statement that the need for
renewable or low carbon energy does not automatically override environmental
protections. Reference is made to the need to consider local topography and
impact on the landscape as well as the appropriate conservation of heritage
assets and their settings. Also careful consideration should be given to
proposals close to AONB's where there could be an adverse impact and
protecting local amenity.
The PPG includes specific advice on large scale ground-mounted solar
photovoltaic farms. In terms of the location of such proposals, the PPG
advocates the effective use of land by focusing large scale solar farms on
previously developed and non agricultural land. Where a proposal involves
greenfield land, consideration should be given to whether:(i) the proposed use of any agricultural land has been shown to be necessary
and poorer quality land has been used in preference to higher quality land; and
(ii) the proposal allows for continued agricultural use where applicable and/or
encourages biodiversity improvements around arrays.
The PPG also refers to a speech from the Rt Hon Gregory Barker MP. This
speech reiterates the preference for brownfield land for solar farm development
and states that when on greenfield sites, low grade agricultural land should be
looked at. It should also be noted that Gregory Barker's speech includes the
following statement that has some relevance to the current application:"In other parts of the country, solar has been installed on disused airfields,
degraded soil and former industrial sites. This is the model for future solar
projects."
Whether the applicant has shown that it is necessary to use agricultural land
The applicants have made the following points in response to this issue:- there are relatively few brownfield sites available for the development of solar
farms;
- such developments rely upon viable grid connection and there is a general
scarcity of connections on previously developed sites;
- previously developed sites often have alternative development potential which
out-compete solar farms;
- previously developed sites are rarely large enough to support a solar farm;
- no sites identified for solar farm proposals either in local plan or emerging
SWDP;
- the only other site identified in the district for a development of the size
proposed is Throckmorton Airfield. Lack of availability makes this site
unsuitable;
- central government's property and land asset database includes no previously
developed or non-agricultural sites within Wychavon or Malvern large enough
to accommodate a large scale solar farm
There are no grounds to contest any of the above points and officers are
unable to identify a suitable alternative previously developed site. As such the
applicants have shown it is necessary to develop on agricultural land to develop
a large scale solar farm.
Whether poorer quality land has been used in preference to higher quality
An agricultural land assessment has been submitted with the application. This
notes that the land is used for growing of crops and the majority of the site has
held crops over the summer. The assessment also notes that the land is
dominated by clay soil with land to the east of the application site contaminated
with imported soil of varying composition. It appears from the agricultural land
classification map for England and Wales that most of the site is classified as
grade 4 (low quality) the rest being grade 3. No distinction is made on the map
between grade 3a or 3b agricultural land. However given the soil condition the
applicants conclude the site's has limited usefulness in terms of cropping
potential and associated yield. Land on the site would appear to be poorer
quality.
Whether proposal allows for continued agricultural use or encourages
biodiversity improvements around arrays
The submissions indicate that the land on which the arrays are proposed would
be re-seeded with grazing mix and wildflower mix as well as various other types
of planting to encourage and support wildlife. The proposal would meet this
criterion.
As such, whilst open countryside, the scheme meets the criteria set out in PPG
relating to the location of large scale solar farms. Whilst contrary to Policy
GD1 of the local plan, the proposal is therefore considered acceptable in
principle. It follows to consider whether the benefits of the proposed
development are significantly and demonstrably outweighed by the harm
caused and whether impacts are or can be made acceptable.
Benefits of the proposal
One of the core planning principles outlined in the Framework (paragraph 17) is
to support the transition to a low carbon future in a changing climate and
encourage the use of renewable resources for example, by the development of
renewable energy. The UK Solar PV Strategy Part 1 Roadmap to a Brighter
Future sets out the governments aspiration to deploy up to 20 GW within a
decade. It is the Government's aspiration, set out in the Climate Change Act,
to cut carbon dioxide emissions against the 1990 baseline by at least 80% by
2050. The applicants state that the proposed development will offset around
43.7 tonnes of CO2 in the first year. Given the national policy and aspirations,
the proposal's contribution to cutting greenhouse gas emissions and producing
renewable electricity should be given significant weight in the determination of
the application.
In addition the Intelligently Green Group comments set out in section 4 of this
report are also noted. The proposal will help meet a corporate objective in
terms of promoting renewable energy. In addition the scheme will have
economic spin offs, including the employment generated through the
construction of the development. These economic benefits should also be
given significant weight in the determination of the application.
Also the proposal would reduce reliance upon imported fossil fuels and help the
UK gain more control over its energy provision.
Landscape and Visual Impact
The NPPF states that the planning system should protect and enhanced valued
landscapes (para. 109). In a letter to local authorities in relation to the Solar
PV Strategy the Rt Hon Gregory Barker MP acknowledges that there is still a
place for larger-scale field based solar, but the solar strategy makes it clear that
new solar installations need to be sensitively placed. The guiding principles
include that proposals need to be appropriately sited, giving proper weight to
environmental considerations such as landscape and visual impact.
Visual Impact
The applicant's Landscape and Visual Impact Assessment (LVIA) makes the
following points and conclusions:- The application site is not protected by any statutory designation, although it is
within 5 km of the Cotswold AONB;
- There is an extensive network of local footpaths and one crosses close to the
southern boundary of the site;
- Extent of visual receptors is somewhat limited. Views from west are limited
due to mature woodland and ridgeline. Inter-visibility is greatest to the east,
however localised high ground ensures that views are foreshortened and the
application site is difficult to perceive on the wider landscape. From the north,
views are obscured by wood and hedgerows. To the south inter-visibility is
limited due to flatter ground and frequent field boundary hedgerows;
- In the wider area, inter-visibility with the notable landform of Bredon Hill and
Malvern Hills is evident although the effects of distance limit the extent to which
the application site forms part of the view
- Views from local dwellings are limited due to combination of extensive
screening and foreshortening of views resulting from very flat landscape or
conversely from sharp changes in topography to form localised ridgelines
- The proposed landscape mitigation measures would reinforces the site's
hedgerows, establishes new hedgerows and converts arable farmland to
grassland.
- The residual effects upon visual receptors identified are not of such a
magnitude to render the development unacceptable in visual terms. There
would be a high magnitude of change during construction with a moderate
adverse effect on visual amenities during temporary periods of construction and
de commissioning. During operation, with the proposed mitigation measures,
the development will result in moderate/minor beneficial level of effect to
landscape features. Effects on the AONB would be minimum and will not
undermine primary purpose of conserving and enhancing the natural beauty of
the AONB. Impacts on public rights of way (PROW's) considered to be at worst
during the first year following construction. Hedgerow will over time, block
views and by year 10 result in only minor adverse impacts.
Further information has been provided by the applicants on the proposed
landscape mitigation as part of the revised and reduced scheme.
Officers (including your landscape officer) acknowledge the contents of the
LVIA and generally agree with its contents. The site is not statutorily protected
for its landscape value. Proposed additional planting will help to soften (not
totally screen) the visual impact of the development and other design measures
are to be employed to further reduce impact (eg. cabins are to be dark green
colour with matt finish). It is also noted that the proposed arrays would be
relatively flat (10 degree angle) and no more than 1.5 metres at highest above
ground level. The proposed landscaping plan has been amended to take on
board comments from officers.
Besford and Defford Parish Council have suggested the use of bunds to help
screen the solar arrays. However any bunding will appear alien to the area
and it should be borne in mind that any landscaping is likely to be there long
after the solar panels and associated structures have been removed. It is
therefore important that the landscaping mitigation respects the character of the
area. The proposed planting scheme will do this and indeed in the long term
help to add interest and assimilate the site into its rural context.
The panels and associated structures will be visible the from certain viewpoints.
However the arrays will, over time, be softened visually by
existing/supplementary planting. This, as well as the way in which the blocks
are broken up across the site, means the visual impact will not be unduly
harmful, particularly having regard to the area covered by the proposed
development. Distance from key viewpoints within the sensitive landscape of
the AONB, is such that the Cotswold AONB Conservation Board now raise no
objections to the proposal. Whilst visible from Bredon Hill the scheme will not
cause harm to the setting of the AONB. Concerns raised by third parties and
the Ramblers Association are noted. Views from public rights of way and some
residential properties (such as those on the higher land to the east at Besford)
will be altered, but again over time, the visual impact will be reduced as
proposed landscaping matures.
Having regard to the above, and the fact that the application only seeks
permission for a 25 year period, it is considered that the harm to visual impact
of the proposal is minor and not permanent. The harm caused is not so
significant to warrant refusal of permission or outweigh the benefits of the
scheme.
Effect upon the character of the area
The applicant's submissions make the following points and comments:- The Worcestershire County Council Landscape Character Assessment
identifies the site as falling within a landscape description unit, Defford
Unenclosed Common.
- The description of this unit notes that despite notable radar structures and
large fenced field of contemporary origin, the area still conveys a sense of unity
as a result of its large scale and open treeless character.
- Within the airfield the field boundaries, airstrip and railway line contributes
towards a perception of partial enclosure;
- The airfield is a hub of activity associated with transport movement
- The evolution of the application site from common land to the contemporary
landscape it is today is influenced by Defford airfield;
- Crops within the interior of the site are transient and form part of the wider
actively managed agricultural context;
- Value of the landscape is considered to be medium. The site represents
managed farmland that has been redefined by the airfield into a more
contemporary landscape influenced by commercial activities with a sense of
enclosure. This has affected the wilderness character of the area and limited
nature conservation value. As such the site lacks the notable characteristics of
enclosed commons.
Officers note the applicants reference to the Landscape Character Assessment
and would agree that the site has a perception of partial enclosure greater than
that which is typical of unenclosed common land. However the appellant's
assessment over-states the influence of the airfield complex (now the West
Mercia police complex) and remaining airfield structures. Large parts of the
site are seen as typical rural arable fields, particularly when cropped and
activity associated with the police complex is limited.
The introduction of solar panels into the landscape would clearly not accord
with the existing landscape character. However once removed it is
acknowledged that the proposed landscaping will not be at odds with the
character of the airfield. Indeed, over time the proposed landscaping will help
to soften and screen not just the solar arrays but also the existing police
complex. The subdivision of the farm into field parcels has been informed by
the existing landscape character.
Whilst in operation the solar farm will clearly be at odds with the predominant
rural arable character of the site. However the landscape mitigation measures
proposed will help enhance the character of the area and will remain after the
removal of the solar farm. It is apparent that the layout of the proposed as well
as the proposed landscape mitigation has been informed by landform and the
character of the area. Taken altogether, the scheme will not seriously affect
the character of the area..
Glint and glare assessment
In line with PPG advice the applicants have provided a glint and glare
assessment report. This includes the following comments:- panels would face south and inclined at an angle of 10 degrees.
- solar cells are designed to absorb light, not reflect it;
- reflections can only occur when sun is shining;
- reflections are at worst when observer is facing the panels, is in shade and
the sun is behind the observer;
- near horizontal reflections will only occur at (i) receptors to the west between
27 Jan to 16 Nov from 04:38 to 07:59 GMT (or 05:28 to 08:59 BST) and (ii) in
the evenings at receptors east of the solar farm from 27 Jan to 15 Nov from
16:16 to 19:42 GMT (or 17:16 to 20:42 BST)
- reflections will only be observed near ground level from approximately
west-south to west-northwest and east-northeast to east-southeast
- receptors that may be able to observe solar reflections are railway and roads
on the vicinity, Defford (Croft Farm) airstrip, public footpaths and some
dwellings. Any reflections observed will be negligible compared to the
brightness of the sun (which will be much brighter and shining from the same
general direction);
- any solar reflections will normally pass over a static point receptor within five
minutes;
- the effect of solar reflections on any receptor is never greater than negligible
The applicants have also submitted further glint glare assessment that looks at
such issues with regard to specific receptors including the railway line, Defford,
Besford, Croome Park, Bredon Hill and Malvern Hills AONB. The further
assessment concludes that, given limited times (early in the morning or mid
evening) when solar reflections may be visible at the various receptors
considered, and the requirement for the sun to be shining brightly in close
proximity to the panels, any reflections will be negligible.
There is no reason to disagree with these findings and the scheme is
considered acceptable in this regard
Heritage Assets
Impact on designated heritage assets and their settings
The NPPF looks to the planning system to conserve the significance of heritage
assets stating that great weight should be given to the significance of
designated assets. Significance can be harmed through destruction of
alteration of the heritage asset or development within its setting. The setting of
a heritage assets is defined in the NPPF as the surroundings in which it is
experienced. The PPG goes on to clarify that the setting may be more
extensive than the curtilage of a heritage asset. The contribution that setting
makes to the significance of a heritage asset is not dependent on there being
public access rights or an ability to access to experience the setting as these
can change over time.
The applicants have provided a heritage assessment that makes the following
comments
- a range of heritage assets, including Croome Park (a grade 1 registered park
and garden (RPG)), 20 listed buildings within its grounds and a further 29 listed
buildings within a wider zone of influence were identified in the established
Zone of Influence;
- in the majority of cases the settings of the designated heritage assets would in
no way be affected;
- two assets could be potentially affected - Croome Park Grade 1 RPG and
Dunstall Castle folly;
- a slight effect on the setting will neither diminish their heritage significance nor
the degree to which they are appreciated;
- conclude that the application site fails to make any meaningful contribution to
the setting of the asset, due to the recognisably modern character of the
landscape and also because the application site is not viewable from the vast
majority of Croome Park and from none of the Park's listed buildings ;
- consideration is given to other nearby listed buildings in Defford and Besford,
but none of these assets have a relationship, visual or otherwise with the
proposed development.
The application site contains no designated heritage asset. However the
applicant's comments acknowledge the proposed development would be
viewable from Croome Park. As a grade 1 RPG, the Park is defined as one of
the types of heritage assets of highest significance under para. 132 of the
NPPF. The views from the Park of the application site are limited, although a
gap in the woodland and wooded belt on the eastern edge allows views of the
application site from a public right of way that runs close to the Park's east
ridge. As stated in the English Heritage comments, these views look out to
Bredon Hill with the application site in the fore/middle ground. As such, the
experience of the Park (and therefore its setting) will be changed by the
development, although English Heritage agree with the applicants contention
that the change is relatively minor. In terms of the advice in the NPPF and the
PPG, the development would cause less than substantial harm to setting and
significance of Croome Park.
The applicant's initial Heritage Statement refers to the listed buildings at
Besford but states that there is no intervisibility between the site and the
settlement's listed buildings (including the Grade II* Listed Church of St Peters).
This is not the case. As later acknowledged by the applicant there are views
from the site towards Besford to the east which is set on higher ground. Whilst
trees and other vegetation obscure some of the details these buildings, the
views of the Besford listed buildings form part of the way they are experienced
and the site therefore forms part of their setting. At present the arable
agriculture use of large tracts of the site help reinforce the rural context of the
buildings and emphasise their character as forming the core of a small rural
settlement. The introduction of solar arrays will change these views and the
way the Besford listed buildings and village is experience. Whilst viewpoints
from the site towards Besford are not publicly accessible, PPG advice suggests
that this is not a factor in considering the impact on the setting of listed
buildings. In summary, it is felt that the applicants' assessment under plays the
impact of the development on the setting of Besford, particularly the church and
adjacent listed buildings. The development will change and adversely affect
views of the listed buildings and therefore affect their setting. Having regard to
the advice in PPG, this impact is considered to represent less than substantial
harm.
No harm is considered to be caused to the setting of any other designated
assets, including Kemerton Camp, Midsummer Hill Camp and Iron Age hillfort
that all lie some distance from the site. No other designated heritage assets or
their settings will be affected.
Advice in the NPPF states that when a proposal causes less than substantial
harm to the significance of designated heritage assets the harm should be
weighed against the public benefits of the proposal. Section 66 of the Town and
Country Planning (Listed Buildings and Conservation Areas) Act 1990 states
that special regard should be had to the desirability of preserving listed
buildings and their settings. A court judgement (Barnwell v East
Northamptonshire) has found that where harm is caused, this should be given
considerable and important weight in the assessment of planning proposals.
In this case, whilst the harm caused is to the settings of assets of highest
significance (Grade 1 listed RPG and a Grade II* listed building) the harm
caused is limited and temporary. The visual intrusion of the solar arrays from
Croome Park will reduce over time as landscape mitigation matures. Even
when solar arrays are not screened, Bredon Hill as main focus of the view will
still be clearly visible. The impact on the setting of Besford listed buildings is
also limited with the more immediate setting un-altered by the scheme.
Even when giving it considerable and important weight, the harm caused to the
significance of heritage assets is outweighed by the public benefits of the
scheme. In arriving at this view, weight has been given to the fact that neither
English Heritage nor the National Trust (as owners of Croome Park) raise
objections to the proposal.
Non-designated assets
The applicants Archaeological Assessment identifies a number of
non-designated heritage assets on the site included cropmark, ploughed out
ridge and furrow, former post medieval farmstead and farmstead enclosure and
remains of the second world war Defford Airfield. The applicants state that the
remains are of low importance or would only be marginally affected by the
proposed development.
The County Council Historic Environment Planning Officer raises no objections
to the proposal but suggest the imposition of a condition.
Access and Highway Safety
The application submissions include a Construction Traffic Management Plan
that makes the following comments:- the site is accessible via the A4104 via existing route into the Countrywide
Farmers depot (used as a central warehouse and distribution centre);
- vehicle movements associated with the operation of the solar farm are very
low, essentially for monitoring of the site and routine cleaning and maintenance.
One visit a week is anticipated;
- during construction HGV's would be utilise and use local highway network;
- acknowledged that construction will bring about an increase in traffic in the
immediate vicinity, but increase is temporary (lasting approximately 26 weeks).
About 20 lorry movements a day (10 arriving and 10 departing) would occur
during the peak construction phase;
- there would be a total of about 260 lorry deliveries during construction;
- the HGV routing would be as follows - off junction 8 of M5 to junction 1 of
M50, A38 northwards to junction with A4104 right hand turn, up to Quay Lane
and site entrance (understood to be primary route to Countrywide Depot)
- negligible impact upon local road network;
- no accidents records for last eight years
- other accesses to the site are less formal, further from strategic road network
and access parts of the airfield which are outside the application site boundary
Comments from third parties over the adequacy of the proposed access to the
site are noted. However the county highway officers raise no concerns. The
constructions (and subsequent de-commissioning) will be for a short period
only and given this context officers find no reason to refuse permission on
access/traffic safety grounds.
Residential Amenity
Once operational the proposed development will cause little noise and none
that would affect local residences. During construction measures can be put in
place to ensure construction noise causes no significant disturbance to
dwellinghouses. The site is some distance from nearest residences and no
significant impact on residential amenity is expected.
Natural Heritage
When determining planning applications, local authorities should aim to
conserve and enhance biodiversity (NPPF para. 118). This means refusing
planning permission if significant harm resulting from a proposal cannot be
avoided, adequately mitigated or as a last resort compensated for. This advice
follows on from the legal requirement as set out in the Natural Environment and
Rural Communities Act 2006 (NERC Act) for every public authority to have
regard to the purpose of conserving biodiversity.
The application submissions include ecological appraisals that make the
following comments:- no national or international statutory designations lie within or adjacent to the
site. Bredon Hill SAC is 4.5 km away and two SSSI's 1.9 and 2 km away;
- whilst predominantly arable, there are significant corridors of rough
un-managed neutral grassland running along several field edges and ditch
network - majority of grassland has low species-diversity;
- with exception of Bourne Brook, site supports limited potential habitat for
reptiles;
- breeding bird survey recorded 36 bird species. 12 of these identified as
being of conservation concern. The total species count and diversity is not
considered to be high given the scale of the site. Whilst no rare or notable birds
recorded, strong populations of skylark, yellowhammer and linnet;
- the proposal would result in the loss of skylark habitat for which the site has
potential county importance, with displacement into the surrounding landscape;
- limited likelihood of great crested newts on site;
- no structures on site to support roosting bats;
- active and inactive badger setts are on the site. A minimum buffer of 30
metres are proposed;
- no potential for reptiles on the parts of the site to be developed upon as this is
currently arable field;
- limited evidence of the presence of water voles and otters;
- good numbers of brown hare and roe deer recorded
The application proposes a number of avoidance and mitigation measures
including:- introduction of native grasses and wildflower mix and enhancement of
hedgerows;
- bat foraging and commuting features will be enhanced. Only low level of
infrared lighting associated with the CCTV cameras;
- additional bird foraging areas including wild bird strips, and tussock grassland;
- development is kept away from the ditches and Bourne Brook, thereby
avoiding potential harm to otters and water vole;
The applicants accept that the development will result in the lost of an area of
nesting habitat. The applicants go on to contend that this would lead to bird
displacement onto other fields to be retained. Overall, the applicants state the
site is not of high environmental value and supports relatively low diversity of
flora and fauna. Negative ecological impacts have been minimised and are
limited to a number of birds that use the arable fields for nesting/foraging. The
most valuable fields are to be retained as undeveloped land and landscape
strategy includes measures that will result in a net increase in habitat diversity
across the site and provide ecological enhancement.
Comments received from Worcestershire Wildlife Trust (WWT) on the proposal
are included in section 4. The Trust's initial objection to the scheme has been
withdrawn following the submission of the revised scheme and further
information on the landscape proposals and mitigation measures.
An objector, Mr Martin Smith, has submitted comments on the application with
his concerns focusing on the impact of the proposal on the wildlife interest of
the site, particularly its bird population. It is clear from his comments that Mr
Smith is very familiar with the site and its bird population. In light of Mr Smith's
comments Worcestershire Wildlife Trust have been asked to confirm their
stance on the significance of the bird population (particularly skylarks) and the
effectiveness of the proposed mitigations measures.
On the basis of WWT's latest comments, officers would advise the proposed
development would cause potential harm to bird species identified as being of
conservation concern, but the proposal includes adequate mitigation. As such,
the scheme complies with the provisions of the NPPF. However members will
be advised of any further comments from WWT following their review of the
situation in light of Mr Smith's comments.
Flooding and Drainage
Initial comments from the EA raised concerns that part of the application site
and some of the solar arrays would be located in Flood Zone 3 (high risk). In
light of these concerns the applicants have amended the scheme and omitted
arrays from an area in the south west of the site. As such, all of the proposed
development would now lie in Flood Zone 1 (low risk) and is acceptable in this
regard.
Surface water landing on the arrays will drain directly to the ground and so not
add to surface water run off compared to the existing situation. Proposed
access roads (in addition to those already there) will be constructed of
permeable material. Infiltration trenches will be provided around the perimeter
of cabins. As such the proposed development should add to surface water run
off. The proposal is acceptable in this respect.
Other Issues
Effect of existing waste operation on the proposed development
Worcestershire County Council officers initially raised concern that the
application submissions failed to acknowledge the nearby Croome Farm
composting site and how the proposed development may be affected by this
operation. Details were provided in response and the county council are now
satisfied the scheme complies with policies in the Waste Core Strategy.
In response to Worcs County Council comments in relation to the Waste Core
Strategy policies, the applicants make the following comments:Contamination
Phase 1 Ground Condition Report
In the past the site was occupied by runways, taxiways and roadways
associated with airfield. Some of these features were either wholly or partially
broken out and removed. As such, parts of the site could be contaminated.
Comments from WRS on this matter are noted and a condition could be
imposed to help identify specific areas of contaminated and require mitigation
(where appropriate). The scheme is deemed acceptable in this regard and
indeed the opportunity to address some potential ground contamination
represents a minor environmental benefit of the scheme.
Conclusion
Whilst representing a departure from Policy GD1, the current local plan fails to
include a policy on solar farm developments. As such, para. 14 of the NPPF
states that permissions should be granted unless the benefits of the proposal
are significantly and demonstrably outweighed by the harm caused or specific
NPPF policies restrict the development proposal. There is no known
alternative brownfield site available for the proposal and only poor quality
agricultural land would be lost as a result of the scheme. As such, and having
regard to advice in the PPG, the principle of a solar farm on the site is
considered acceptable.
It therefore follows to consider the proposal in terms of whether it meets the
economic, social and environment roles/dimensions of sustainable
development as set out in the NPPF
economic role - the scheme has significant economic benefits in terms of
construction of the proposed development as well as the spin offs
recognised in the report. The loss of agricultural land results in a reduction
in the income and agricultural employment potential of the site, but this is
considered to be relatively limited given the quality of the land. Overall, it is
felt the proposal fulfils an economic role;
social role - the proposal would reduce reliance upon overseas energy
sources. The energy production would help to meet the nation's need for
energy and therefore fulfils a social role.
environmental role - the proposed development would help support the
transition to a low carbon future and produce a significant amount of
renewable energy. The scheme also includes significant landscape and
planting to help mitigate against the visual impacts of the proposal. This
landscaping will remain after the solar farm is de-commissioned and add to
the bio-diversity and long term visual interest of the site.
In terms of disadvantages, the proposal would be at odds with the character
of the area and cause some visual harm, particularly during construction.
There would also be less than substantial harm caused to the setting of
Croome RPG and the Besford listed buildings. However, the harm caused
in these respects is not considered to outweigh the benefits of the scheme.
The proposal would also affect the species identified as being of
conservation concern. However, based on the advice currently with the
council from consultees, it would seem that the proposed mitigation
measures would help minimise harmful impacts.
Despite the harm the scheme would cause, this is considered relatively
insignificant when compared against the environment advantages of the
scheme. As such the proposal would serve an environmental role.
Overall, it is felt that the harmful impacts of the proposal are not of such
significance to demonstrably outweigh the benefits of the scheme.
Furthermore the proposed development could be made acceptable, particularly
through the implementation of the proposed landscape mitigation plan. The
proposal therefore represents sustainable development and is in line with
advice in the NPPF and officers recommend approval. This recommendation
however is subject to Worcestershire Wildlife Trust confirming their position on
the impact of the scheme upon the significance of the site in terms of ecological
importance and the appropriateness and effect of the proposed mitigation
8.
RECOMMENDATION Approve, subject to the Worcestershire Wildlife
Trust confirming their position on the proposed development and the impact
of the proposal on the ecological importance of the site.
1.
The development hereby permitted shall be begun before the expiration of three years
from the date of this permission.
Reason - In accordance with the requirements of Section 91 (1) of the Town
and Country Planning Act 1990 as amended by Section 51 of the Planning
and Compulsory Purchase Act 2004.
2.
A) No development shall take place until a programme of archaeological work,
including a Written Scheme of Investigation, has been submitted to and approved by
the local planning authority in writing. The scheme shall include an assessment of
significance and research questions; and:
1. The programme and methodology of site investigation and recording.
2. The programme for post investigation assessment.
3. Provision to be made for analysis of the site investigation and recording.
4. Provision to be made for publication and dissemination of the analysis and records
of the site investigation
5. Provision to be made for archive deposition of the analysis and records of the site
investigation
6. Nomination of a competent person or persons/organisation to undertake the works
set out within the Written Scheme of Investigation.
B) Within three months of the commencement of development the site investigation
and post investigation assessment shall be completed in accordance with the
programme set out in the Written Scheme of Investigation approved under part (A) and
the provision made for analysis, publication and dissemination of results and archieve
depsotion has been secured.
Reason - In accordance with the requirements of paragraph 141 of the National
Planning Policy Framework.
3.
All planting and seeding/turfing comprised in the submitted landscape scheme, hereby
approved, shall be carried out in the first planting season following the commencement
of the development or in accordance with a landscape implementation phasing
programme that has been submitted to and approved in writing by the local planning
authority.
Reason - To protect and enhance the visual amenities of the area and to ensure the
satisfactory development of the site - in accordance with Policy GD2, Policy ENV1 and
Policy SUR2 of the Wychavon District Local Plan (June 2006).
4.
No part of the development shall be commenced until a landscape management plan
including long-term design objectives, management responsibilities and maintenance
schedules for all landscape areas has been submitted to and approved in writing by
the Local Planning Authority. The landscape management plan shall be followed whilst
the development hereby approved is present on the site.
Reason - To protect and enhance the visual amenities of the area and to ensure the
satisfactory development of the site - in accordance with Policy GD2, ENV1 and Policy
SUR2 of the Wychavon District Local Plan (June 2006).
5.
If the solar farm hereby permitted is no longer required for the purposes of energy
production, it shall be dismantled and all materials removed from site including the sun
arrays and their supporting stands, fencing, access track and sub-stations and any
other associated infrastructure/development within 4 months of the date of the
cessation of the use.
Reason - To preserve the open character of the countryside and ensure that the land
is restored to active agricultural use in accordance with saved Policies GD1, GD2 and
ENV1 of the Wychavon District Local Plan (June 2006).
6.
The uses hereby authorised shall be discontinued and the land restored to its former
condition (apart from in terms of the proposed landscaping) on or before 25 years from
the date of this permission.
Reason - To ensure the development has no long term impact on the visual amenities
of the area and in line with advice on the planning practice guidance.
7.
The development hereby permitted shall be carried out in accordance with the
following approved plans:
Un-numbered site location plan
D.101 - DNO Detail
D.102 - Fence and gate details
D.103 Inverter Cabin Elect Outdoor
D.104 - Control Room
D.105 - Camera Detail
D.106 - Customer Cabin
D.107 - Structure Detail
T200 General Site Plan
T201 - Cable route Plan
SNDSN1006-A-03.1 revision 5
SNDSN1006-A-04.1 revision 5
Plan EDP L5 Detailed Landscape & Ecology Strategy, sheet 1 of 5
Plan EDP L5 Detailed Landscape & Ecology Strategy, sheet 2 of 5
Plan EDP L5 Detailed Landscape & Ecology Strategy, sheet 3 of 5
Plan EDP L5 Detailed Landscape & Ecology Strategy, sheet 4 of 5
Plan EDP L5 Detailed Landscape & Ecology Strategy, sheet 5 of 5
Reason - To define the permission.
8.
No part of the development hereby approved shall commence until details of:
1. the HGV delivery route signage from the A38/A4104 junction to and from the
C2105/site access junction, and
2. signs providing warning of the construction site access on the C2105, and
3. signs prohibiting access to Solar Farm construction vehicles on the C2203 and the
C2105 west of the site access
have been submitted to, and approved in writing by, the Local Planning Authority. All
approved signs shall be erected prior to commencement of any other part of the
development and shall be
maintained throughout the construction period.
Reason - In the interests of highway safety.
9.
No part of the development hereby approved shall commence until a Construction Site
Management Plan to include details of:
1. parking for site operatives and visitors, and
2. storage areas for plant and materials, and
3. areas for loading and unloading of delivery vehicles, and
4. parking facilities for HGV delivery vehicles waiting to enter the site, or unload within
the site
has been submitted to, and approved in writing by, the Local Planning Authority. The
approved Construction Site Management Plan shall be implemented prior to
commencement of any other
part of the development and shall be maintained throughout the construction period.
Reason - In the interests of highway safety.
10. No development shall take place until the following components of a scheme to deal
with the risks associated with contamination of the site are submitted to and approved,
in writing, by the local planning authority:
1) A preliminary risk assessment which has identified:
"
all previous uses
"
potential contaminants associated with those uses
"
a conceptual model of the site indicating sources, pathways and receptors
"
potentially unacceptable risks arising from contamination at the site.
2) A site investigation scheme, based on (1) to provide information for a detailed
assessment of the risk to all receptors that may be affected, including those off site.
3) The site investigation results and the detailed risk assessment (2) and, based on
these, an options appraisal and remediation strategy, if necessary, of the remediation
measures required and how they are to be undertaken.
4) A verification plan providing details of the data that will be collected in order to
demonstrate that the works set out in (3) are complete and identifying any
requirements for longer-term monitoring of pollutant linkages, maintenance and
arrangements for contingency action. This should include any proposed phasing of
demolition or commencement of other works.
5) Prior to occupation of any part of the development (unless in accordance with
agreed phasing under part 4 above) a verification (validation) report demonstrating
completion of the works set out in the approved remediation strategy (3 and 4). The
report shall include results of any sampling and monitoring. It shall also include a plan
(a "long-term monitoring and maintenance plan") for longer term monitoring of pollutant
linkages (to include frequency and location of monitoring; method and nature of
sampling including analysis suite (determinands)), maintenance and arrangements for
contingency action and for the reporting of this to the Local Planning Authority.
Any changes to these components require the express written consent of the Local
Planning Authority. The scheme shall be implemented as approved.
Reason - To protect ground and surface waters ('controlled waters' as defined under
the Water Resources Act 1991).
11. If during development, contamination not previously identified is found to be present at
the site, then no further development (unless otherwise agreed in writing with the Local
Planning Authority) shall be carried out until the developer has submitted, and
obtained written approval from the Local Planning Authority, a Method Statement for
remediation. The Method Statement must detail how this unsuspected contamination
shall be dealt with. A verification (validation) report demonstrating completion of the
works set out in the method statement shall be submitted to and approved in writing by
the Local Planning Authority. The report shall include results of any sampling and
monitoring. It shall also include any plan (a "long-term monitoring and maintenance
plan") for longer term monitoring of pollutant linkages, maintenance and arrangements
for contingency action and for the reporting of this to the Local Planning Authority.
Reason - To ensure that any unexpected contamination is dealt with and the
development complies with approved details in the interests of protection of ground
and surface waters ('controlled waters' as defined under the Water Resources Act
1991).
12. Piling or any other foundation designs using penetrative methods shall not be
permitted other than with the express written consent of the local planning authority,
which may be given for those parts of the site where it has been demonstrated that
there is no resultant unacceptable risk to groundwater. The development shall be
carried out in accordance with the approved details.
Reason - To protect ground and surface waters ('controlled waters' as defined under
the Water Resources Act 1991).
13. Prior to the commencement of development a waste management plan setting out
measures to manage waste generated from the site both during
construction/de-commissioning shall be submitted to the local planning authority for
approval. The approved waste management measures shall be carried out during
construction and de-commissioning of the solar farm.
Reason - To ensure the proposed development incorporates adequate measures to
minimise and deal with waste and to protect the environment from pollution.
14. The roadways hereby approved shall be constructed of permeable materials.
Reason - To ensure the proposed development does not exacerbate flood risk.
15. In line with the application submissions, infiltration trenches shall be provided around
the perimeter of the cabins hereby approved.
Reason - To ensure the proposed development does not exacerbate flood risk.
Notes:
Positive and Proactive Statement
In dealing with this application, the Council has worked with the applicant in the following
ways:- providing pre-application advice;
- seeking further information following receipt of the application;
- seeking amendments to the proposed development following receipt of the application;
- considering the imposition of conditions
In such ways the Council has demonstrated a positive and proactive manner in seeking
solutions to problems arising in relation to the planning application.