APPLIC REF NO 2012/557/NT
DATE RECEIVED
21/11/2012
CASE OFFICER
John Krawczyk
DATE OF EXPIRY
20/02/2013
WARD
Netherfield
WARD COUNCILLOR
Derek Evans
APPLICANT
MR MICHAEL ANNIS, RE-FIN SOLAR LIMITED
LOCATION AND DESCRIPTION OF PROPOSAL
------------------------------------------------------------------------------------------------------------LAND AT FORMER WELBECK COLLIERY SITE ELKESLEY
ROAD MEDEN VALE NG20 9PS
DEVELOPMENT OF A PHOTOVOLTAIC FARM WITH AN
INSTALLED CAPACITY OF 12.2MW PER ANNUM, INCLUDING
51,024 SOLAR PANELS INSTALLED ON ARRAYS, 7 NO.
ASSOCIATED CENTRAL INVERTER STATIONS, 1 NO. EXIT
POINT SUBSTATION BUILDING, SECURITY FENCE, CCTV
SYSTEM, LANDSCAPING, UNDERGROUND CABLING AND
ACCESS ROADS.
------------------------------------------------------------------------------------------------------------RECOMMENDATION: GRANT PLANNING PERMISSION WITH CONDITIONS
DESCRIPTION OF PROPOSAL AND APPLICATION SITE
This application is to be determined by Planning Committee as it is a major
application.
The application site comprises of 23 hectares of land at the former Welbeck
Colliery site that is currently under deconstruction and been partially restored
with grassland and tree planting. The application site itself has been restored
to grass and slopes downwards from north west to south west with the areas
surrounding the site having been landscaped with tree saplings.
This application proposes the construction of a solar photovoltaic farm that will
generate up to 12.2MW of electricity. The proposed solar farm would consist
of 51,024 solar panels, associated central inverter stations (7 in total, 6
comprising 2 inverters and 1 transformer and 1 comprising 1 inverter and 1
transformer) and an exit point sub-station building. The site would be secured
by a 2.15m high security fence and CCTV cameras.
The panels would be of a fixed design and installed in rows on an aluminium
framework structure, with the panel being set at a 25 degree angle. When
erected the array structure would measure 2.5m in height, 3.8m in length and
19.3m in width. The panels would be erected to respect the existing site
topography and therefore the proposal does not require any engineering
works to alter the site topography.
Vehicular access into the site will be taken from the existing colliery access
from Elkelsey Road and will be required for the initial delivery of the
equipment to the site and, in the longer term, for maintenance visits. The
proposed inverter stations would be located along the access track to the
centre of the site.
RELEVANT SITE HISTORY
1998/0064/P (County Matter) – Restoration proposals including proposed
landform, drainage, access, landscaping and aftercare.
2001/0550/ET (County Matter) – Disposal of colliery spoil by raising height of
existing tip
2010/0296/NT (County Matter) – Variation of condition 5 of planning
permission 2001/0550/ET to allow the deposit of waste which was originally
brought to the surface at Daw Mill Colliery
2012/0072/NT (County Matter) – Proposed restoration of the northern part of
Welbck Colliery spoil heap involving the importation of circa 1.9 million cubic
metres of suitable engineering fill, recovered aggregates and other suitable
materials, including wastes such as pulverised fuel ash, third party soils and
stone.
OBSERVATIONS RECEIVED
Throughout this report observations received in respect of each application
are presented in summary form. The full letters and consultation responses
received, including details of any non-material planning observations, are
available for inspection both prior to and at the meeting.
Anyone wishing to make further comments in relation to the application must
ensure these are received by the Council by 12 noon on the last working day
before the date of the Committee.
1) Nottinghamshire County Council Highways
No comments received
2) Natural England
No objection
3) The Environment Agency
No objection
4) Members of the public
One letter has been received in support of the application. No letters of
objection have been received.
POLICY & GUIDANCE
International and European Guidance
Kyoto Protocol 1997
Copenhagen Accord 2010
National
National Planning Policy Framework (NPPF)
Section 7 – Requiring good design
Section 10 – Meeting the challenge of climate change, coastal flooding and
coastal change
Planning for Renewable Energy, A Companion Guide to PPS22 – remains as
guidance to the NPPF.
Mansfield District Local Plan 1998 Saved Policies (28/09/07)
BE1 – States planning permission will be granted for developments that
achieve a high standard of design, meeting certain criteria
NE1- States planning permission will be granted for developments outside the
Defined Urban Boundary where they fall into one or more of 8 listed
categories
U1 – States planning permission will be granted for developments which
utilise renewable sources of energy generation provided certain criteria are
met.
ISSUES
Introduction
Solar farms are a relatively new concept in the UK. There are only a handful
of sites that are operational in the UK with most proposed sites being located
in Cornwall and the south-west of England. One of the nearest approved solar
farm is at Cottam Road, Hawton which was granted permission by Newark
and Sherwood District Council in May 2011. This related to 14 hectares of
agricultural land although construction has not yet commenced. However, a
small-scale solar park (488 sq m and sufficient to power 20 houses) has
recently been completed at Bardney in Lincolnshire. Other European
countries such as Germany (with a similar level of solar exposure) have many
more solar farms that are operational.
Solar Photovoltaic technology collects and converts daylight directly into
electricity. This is a recognised form of renewable energy. Whilst the land-take
and outlay costs are high, the benefits to this type of renewable energy are
that the technology is proven, reliable and the visual impact tends to be lesser
than some of the alternatives. This application relates to an area of 23
hectares with an electricity output of 12.2MW. Put into context this would
provide electricity for in excess of 3000 homes based on average annual
consumption.
It is considered that the man issues to consider with this application are;
1)
2)
3)
4)
5)
6)
The principle of the development
The impact upon the surrounding landscape
The impact upon residential amenity
The impact upon the surrounding highway network
The impact upon wildlife
The impact upon flooding
1) The principle of the development
The Government’s commitment to electricity generation by renewable sources
is set out within the Renewable Energy Strategy (under the EU Renewables
Directive), and in particular the target that 15% of national electricity
production should be derived from renewable sources by 2020.
This commitment is supported by other Government guidance and of
particular significance is Section 10 of the National Planning Policy
Framework. The NPPF puts the planning system in a key position to create a
successful response to climate change. It states that ‘Planning plays a key
role in helping shape places to secure radical reductions in greenhouse gas
emissions, minimising vulnerability and providing resistance to the impacts of
climate change, and supporting the delivery of renewable and low carbon
energy and associated infrastructure. This is central to the economic, social
and environmental dimensions of sustainable development’.
The NPPF also describes that, when determining planning applications for the
supply of renewable energy, Local Planning Authorities should ‘not require
applicants for energy development to demonstrate the overall need for
renewable or low carbon energy and also recognise that even small-scale
projects provide a valuable contribution to cutting greenhouse gas emissions’
and ‘approve the application if its impacts are (or can be made) acceptable.’
The site is located outside of the defined urban boundary. However,
given the significant land take involved with such a development, it is
considered that this installation could only be undertaken within a
countryside location. This is one of the exceptions listed in Policy NE1
and I consider this development therefore accords with this policy.
Saved Policy U1 of the Mansfield District Local Plan sets out the
Council’s commitment to provide renewable sources of energy
generation, stating permission will be granted for such developments,
provided certain criteria are met, as well as well the National Planning
Policy Framework and Renewable Energy Strategy..
It is therefore considered that there is a strong policy presumption in
favour of applications for renewable technologies however, this has to
be balanced against the site specific impacts. These matters are
addressed below.
2. The impact upon the surrounding landscape
There are specific Local Plan or special landscape designations in this area or
on the site. The application site forms part of the former Welbeck Colliery spoil
heap with the site sloping downwards towards the south east.
This element of the colliery has been restored and comprises of grassland
and immature planting. The landscape already has some degrading elements
such as the unrestored soil heap and colliery to the north and the demolished
colliery buildings to the east that are yet to be cleared. However there is
planning permission for landscape around the Colliery and to the north of the
site to be restored and improved with many permissive rights of way, picnic
areas, a viewing platform and informal ponds along with large areas of
planting and new trees and hedgerows in the vicinity. This area will be
unaffected by the proposed development.
The majority of the development would consist the solar arrays standing at
2.5m above ground level, being positioned to the south-east facing slope of
the former colliery spoil heap. The site is well screened from the immediate
surrounding area by existing tree planting and hedgerows, hat will mature
over time, providing further screening. The southern boundary of the site is
particularly well defined with both mature deciduous and coniferous planting.
Collectively, these contain the site and would provide screening from local
roads and neighbouring properties and footpaths. Additional tree and
hedgerow planting is to be introduced along the northern and western
boundaries and would also help contain the solar farm development from
views from the north that will be restored to public open space in the future.
Due to the topography of the site and the wider surroundings the solar farm
would be visible from a number of locations within the local area. Whilst the
solar farm would be visible the panels would have a matt, non-reflective finish
and would not be overly intrusive within the landscape. It is considered that
the visual impacts of the development would be modest and local in scale and
would not outweigh the benefits of such a development and the strong policy
presumption in favour of applications for renewable forms of energy
generation.
A new green 2.15 metre high weldmesh security fence is proposed around the
site. However, I am satisfied that this will be adequately screened by the
existing and proposed boundary vegetation, which would be controlled by
condition.
Overall, it is considered that the site is capable of accepting the proposals for
a solar farm without any significant adverse effects in landscape and visual
terms. As such, I consider the proposal accords with Saved Policies BE1 and
U1 (28/09/07) of the adopted Mansfield District Local Plan.
3. The impact upon amenity
The nearest residential properties are to Egmanton Road, Meden Vale that is
positioned to the south-east of the application site. The application site is
separated from these properties by a distance of in excess of 100m and a
dense band of tree planting that runs along the public footpath between the
site and the rear boundaries of these dwellings. Whilst it is accepted that the
occupiers of nearby dwellings may have limited views of the solar farm it is
considered that due to the level of screening to the site it would not have a
detrimental impact upon the outlook of the occupiers of these dwellings. The
applicant has stated that the solar panels are fixed and have no mechanical
parts and would therefore not create any noise that would impact upon nearby
occupiers. In light of this it is considered that the proposal would not have any
significant adverse impacts on the amenities of the occupiers of nearby
dwelling.
4. The impact upon the surrounding Highway network
The site would be accessed from the existing colliery access from Elkesley
Road with the construction traffic initially using this route to deliver and install
the equipment. Once installed the only traffic generated would be occasional
trips in order to maintain the site. It is considered that the traffic generated,
even during the construction phase would be considerable less than the
vehicular movements associated with a working colliery and would therefore
not have a detrimental impact upon highway safety. It is therefore considered
the proposal would not adversely impact upon the surrounding highway
network.
5. The impact upon wildlife
As part of the application the applicant submitted an Extended Phase 1
Habitat Survey and Reptile Survey Report. This report states that the
proposals have the potential to result in a net ecological gain and that any
potential minor impacts would not be significant. Natural England have not
raised any objections to the proposal and have not requested any conditions.
It is therefore considered that the proposal would not have a adverse impact
upon wildlife.
6. The impact upon flooding
The submitted application included a Flood Risk Assessment with the site
being shown by the Mansfield Strategic Flood Risk Assessment as an
‘indicative area of concentrated runoff’. The site lies within Flood Zone 1 and
is therefore not at risk of fluvial flooding. The Environment Agency now raise
no objection to the scheme subject to the inclusion of conditions to control
drainage. These have been included within the recommended conditions and
it is considered that the proposal would not cause any adverse impacts in this
respect.
CONCLUSION
In conclusion it is considered that there would be no significant adverse
impacts that outweigh the general policy presumption in favour of renewable
energy provisions. For the reasons set out, I consider that the proposal
accords with the National Planning Policy Framework, the Government’s
Renewal Energy Strategy and Saved Policies BE1, U1 and M16 (28/09/07) of
the adopted Mansfield District Local Plan 1998 and as such it is
recommended that the application is approved subject to the conditions listed
within this report.
RECOMMENDED CONDITIONS/REASONS/NOTES
SUMMARY OF REASONS FOR DECISION
In the opinion of the Local Planning Authority, the proposal, as restricted by
conditions, is considered to achieve a layout and design which is in
accordance with the National Planning Policy Framework and Saved Policies
BE1, H2 and M16 [28/09/2007] of the Adopted Mansfield District Local Plan
[1998], meeting the relevant objectives and criteria. The development would
not have a detrimental impact upon the character and appearance of the
surrounding area, would not be detrimental to the amenity of the occupiers of
neighbouring premises or future occupiers of the proposed dwellings and
would not be detrimental to highway safety. There are no other material
considerations that indicate that a decision should be taken at variance with
the above policy or guidance.
SUMMARY OF RELEVANT POLICIES
National Planning Policy Framework
National Planning Policy Framework (1) - sets out the Government’s planning
policies for England and how these are expected to be applied. States
planning permission should be granted unless the adverse impacts of doing
so would significantly and demonstrably outweigh the benefits.
Section 7 – Requiring good design
Section 10 – Meeting the challenge of climate change, coastal flooding and
coastal change
Planning for Renewable Energy, A Companion Guide to PPS22
Mansfield Local Plan
Saved Policy BE1 (28/09/07) – This policy aims to ensure developments
achieve a high standard of design.
NE1- States planning permission will be granted for developments outside the
Defined Urban Boundary where they fall into one or more of 8 listed
categories
U1 – States planning permission will be granted for developments which
utilise renewable sources of energy generation provided certain criteria are
met.
Saved Policy M16 (28/09/07) – Sets out the criteria that new developments
need to meet in relation to the highway network.
International and European Guidance
Kyoto Protocol 1997
Copenhagen Accord 2010
STATEMENT OF PROACTIVE WORKING
The Local Planning Authority has worked positively and proactively with the
applicant to seek solutions to problems arising from this application and as
such planning permission has been granted on the basis of additional
information submitted to the original proposal.
(1) Condition: The development hereby permitted shall be begun before the
expiration of three years from the date of this permission.
(1) Reason: In accordance with Section 91(1) of the Town and Country
Planning Act 1990, as amended by S51(1) of the Planning and Compulsory
Purchase Act 2004.
(2) Condition: This permission shall be read in accordance with the submitted
details and following plans:
Site Location Plan, Drawing No. 4020 1071-10.0, received 21 November 2012
Existing Layout, Drawing No. 4020 1071-10.0, received 21 November 2012
Overall Module Layout, Drawing No. 4020 1071-10.0, received 21 November
2012
Technical Details – Fencing, Drawing No. 4020 1071-69.2, received 21
November 2012
Solar panel framework elevations, Drawing No. 4020 1071-69.2, received 21
November 2012
Technical Details – Cable Trench and Cameras, Drawing No. 4020 107169.2, received 21 November 2012
Technical Details – Substation 2, Drawing No. 4020 1071-69.2, received 21
November 2012
Technical Details – Substation, Drawing No. 4020 1071-69.2, received 21
November 2012
Technical Details – Station – One Inverter, Drawing No. 4020 1071-69.2,
received 21 November 2012
Technical Details – Station, Drawing No. 4020 1071-69.2, received 21
November 2012
The development shall thereafter be undertaken in accordance with these
plans unless otherwise agreed in writing by the Local Planning Authority.
(2) Reason: To define the permission, for the avoidance of doubt.
(3) Condition: With the exception of the solar panels and their mounting
framework, no development shall commence until details of the proposed
external facing materials have been submitted to an approved in writing by the
Local Planning Authority. The development thereafter shall be undertaken in
accordance with the approved details.
(3) Reason: In the interests of visual amenity and to accord with Saved Policy
BE1 (28/09/07) of the adopted Mansfield District Local Plan.
(4) Condition: No development shall take place until there has been
submitted to and approved in writing by the Local Planning Authority a
scheme of landscaping. Such a scheme shall include as appropriate: details
of proposed and existing shrubs and hedgerows including details of those to
be retained and any to be removed, planting plans, written specifications
including cultivation and other operations associated with plant and grass
establishment, schedules of plants noting species sizes and proposed
numbers/densities where appropriate and a programme of implementation.
All planting, seeding or turfing indicated in the approved scheme shall be
carried out in the first planting and seeding seasons following the occupation
of the building or the completion of the development, whichever is the sooner,
and any plants which within a period of five years from the completion of the
development die, are removed, or become in the opinion of the Local
Planning Authority seriously damaged or diseased, shall be replaced in the
next planting season with others of similar size and species, unless the Local
Planning Authority gives written consent to any variation. The development
thereafter shall be undertaken in accordance with the approved details
(4) Reason: In the interests of visual amenity, in accordance with Saved
Policy H2 (28/09/07) of the adopted Mansfield District Local Plan.
(5) Condition: No works or development shall take place until a specification
of all proposed tree planting has been approved in writing by the LPA. This
specification will include details of the quantity, size, species, position and the
proposed time of planting of all trees to be planted, together with an indication
of how they integrate with the proposal in the long term with regard to their
mature size, and anticipated routine maintenance, surfacing and soil rooting
volume. In addition all shrubs and hedges to be planted that are intended to
achieve a significant size and presence in the landscape should be similarly
specified. All tree, shrub and hedge planting included within that specification
shall be carried out in accordance with that specification and in accordance
with BS 3936 (parts 1, 1992, Nursery Stock, Specification for trees and
shrubs, and 4, 1984, Specification for forest trees); BS4043, 1989,
Transplanting root-balled trees; and BS4428, 1989, Code of practice for
general landscape operations (excluding hard surfaces).
If within a period of five years from the date of planting of any tree that tree, or
any tree planted in replacement for it, is removed, uprooted, destroyed or
dies, (or becomes in the opinion of the LPA seriously damaged or defective),
another tree of the same species and size originally planted shall be planted
at the same place, unless the LPA gives its written consent to any variations.
(5) Reason: In the interests of visual amenity, in accordance with Saved
Policy H2 (28/09/07) of the adopted Mansfield District Local Plan.
(6) Condition: The hours of work during construction and the delivery of
materials on to the site shall be restricted to 08.00-18.00 hours MondayFriday, 08.00-13.00 hours Saturdays and no working shall take place on
Sundays and Bank Holidays.
(6) Reason: In the interests of the reasonable residential amenity of adjoining
occupiers, in accordance with Saved Policy H2 (28/09/07) of the adopted
Mansfield District Local Plan
(7) Condition: Development shall not be commenced until a surface water
drainage scheme for the site, based on sustainable drainage principles and
an assessment of the hydrological and hydrogeological context of the
development, has been submitted to and approved in writing by the Local
Planning Authority. The scheme shall subsequently be implemented in
accordance with the approved details before the development is completed.
The scheme to be submitted shall demonstrate:
•
The utilisation of holding sustainable drainage techniques;
•
The limitation of surface water run-off to equivalent greenfield rates;
•
The ability to accommodate surface water run-off on-site up to the
critical 1 in 100 year event plus an appropriate allowance for climate change,
based upon the submission of drainage calculations; and
•
Responsibility for the future maintenance of drainage features.
(7) Reason: To prevent the increased risk of flooding; to improve and protect
water quality; to improve habitat and amenity; and to ensure the future
maintenance of the sustainable drainage structures.
(8) Condition: 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 a remediation strategy to the local
planning authority detailing how this unsuspected contamination shall be dealt
with and obtained written approval from the local planning authority. The
remediation strategy shall be implemented as approved.
(8) Reason: National Planning Policy Framework (NPPF) paragraph 109
states that the planning system should contribute to and enhance the natural
and local environment by preventing both new and existing development from
contributing to or being put at unacceptable risk from, or being adversely
affected by unacceptable levels of water pollution. Government policy also
states that planning policies and decisions should ensure that adequate site
investigation information, prepared by a competent person, is presented
(NPPF, paragraph 121).
(9) Condition: All solar panels, their supports, the inverters, the substation
and any underground cables to a depth of 1.5m shall be removed from site
within 6 months of the solar farm ceasing to be operational.
(9) Reason: The application site lies in the open countryside and it is
important that once the development has ceased the site is brought back into
amenity use in accordance with Saved Policy NE1 (28/09/07) and the
intentions of the National Planning Policy Framework and in the interests of
visual amenity.
(1) Note to Applicant
In respect of Condition 7; Information on the layout, location and number of
filter drains in relation to the layout of the photovoltaic arrays and substations
is required along with the sizing of the filter drains (indicative dimensions
given in FRA). It should be demonstrated that the filter drains are positioned
and sized appropriately to prevent an increase in site run-off. Currently no
plans have been submitted demonstrating the drainage layout or layout of the
site infrastructure.