Agenda item

Town and Country Planning Act 1990

 

Proposed solar farm (10 MW) with associated infrastructure and perimeter fence (25 ha) (Affects Public Footpath Nos. 26, 82, 83, 84, Cliviger and Public Bridleway No. 112, Cliviger)

 

Coal Clough Windfarm, The Long Causeway, Cliviger, Burnley.

 

Decision

 

That approval be delegated to the Head of Housing and Development Control subject to a s106 Agreement to secure off-site habitat management and the following conditions:

 

Conditions and reasons for conditions

 

1.       The development must be begun within three years of the date of this decision.

 

Reason:  Required to be imposed by Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2.       The development hereby permitted shall be carried out in accordance with the following approved plans listed on this notice below.

 

Reason: To ensure the development is implemented in accordance with the approved plans and to avoid ambiguity.

 

3.       Prior to the commencement of development, a detailed Construction Environment Management Plan (CEMP) to provide further details of an Ecological Clerk of Works and other measures and content of the submitted Outline Construction Environment Plan (prepared by Arcus, revised March 2022) shall be submitted to and approved in writing by the Local Planning Authority.  The submitted CEMP shall also include additional surveys to confirm the status and nest location of short-eared owls and, if appropriate, further safeguards to avoid disturbance to nesting short-eared owls.  The measures and controls contained within the approved CEMP shall be implemented prior to any site clearance or development being commenced and retained in their entirety for the duration of the development until the end of the decommissioning of the site.

 

Reason:  To protect the ecology of the site during the construction period, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018). The Plan is required prior to the commencement of development to ensure that the measures are implemented prior to any works taking place which is necessary for the conservation of potentially affected birds and other wildlife.

 

4.       No construction work or other ground works or removal of vegetation shall take place at any time unless all the measures for the avoidance of harm to nesting birds, as described at section 6.4 of the submitted Ornithological Impact Assessment (prepared by Arcus, Version 3.0, March 2022), have been satisfied in full.

 

          Reason: To ensure that there is no harm to nesting birds which are protected by the Wildlife and Countryside Act 1981 and in accordance with Policy NE1 of Burnley`s Local Plan (July 2018).

 

5.       No construction work or other ground works or removal of vegetation shall take place either prior to or during the construction of the development without full compliance with the Reasonable Avoidance Measures to safeguard amphibians as set out at section 4.4.2 of the submitted Ecological Impact Assessment (prepared by Arcus, July 2021).

 

          Reason:  To take account of a low risk that Great Crested Newts and other amphibians could be encountered during works and to ensure that any risk to these protected species from such activities is effectively minimised, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018).

 

6.       Measures to prevent harm to mammals and other fauna during the construction and operation of the development shall be carried out at all times in accordance with controls contained within section 4.6 of the submitted Ecological Impact Assessment (prepared by Arcus, July 2021).

 

          Reason:  In order to prevent harm to animals and wildlife that may encounter the development, in the interests of their conservation, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018).

 

7.       Prior to the commencement of development, a Reasonable Avoidance Measures Method (RAMM) Statement to safeguard reptiles during the construction and operation of the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter only be constructed and operated in complete accordance with the details contained within the approved RAMM Statement.

 

Reason:  To ensure adequate protection for any reptiles that may encounter the development, in the interests of their conservation, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018).  The Statement is required prior to the commencement of development to ensure that the approved measures can be implemented prior to any works taking place which is necessary to protect reptiles.

 

8.       Prior to the commencement of development, a Method Statement for the protection of the Long Causeway Mire Biological Heritage Site (BHS) during the construction and operation of the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter only be constructed and operated in complete accordance with the measures contained within the approved Statement.

 

Reason:  To ensure adequate protection for the biodiversity of the designated Long Causeway Biological Heritage Site (BHS), in the interests of its conservation, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018).  The Statement is required prior to the commencement of development to ensure that the approved measures can be implemented prior to any works taking place which is necessary to protect the designated BHS.

 

9.       The development shall only be constructed and operated in accordance with the mitigation measures detailed in the submitted report to inform a Habitat Regulations Assessment (prepared by Arcus, Version 3-0, March 2022) and the submitted Ornithological Impact Assessment (prepared by Arcus, Version 3-0, dated March 2022), including controls to working hours during the bird breeding season and the control of lighting during the construction of the development.

 

          Reason:  These mitigation measures to protect upland birds are necessary to ensure that there are no likely significant effects on the National Site Network due to the site`s proximity to the South Pennine Moors Special Protection Area and South Pennine Moors Special Area of Conservation, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018). 

 

10.     On-site and off-site habitat improvements shall be carried out, monitored and reviewed in accordance with the details contained within the Habitats Management Plan (HMP) set out at Appendix E of the submitted Ornithological Impact Assessment (prepared by Arcus, Version 3-0, dated March 2022).  Monitoring reports, including a review of the findings and any appropriate adjustments or changes to the HMP, shall be submitted for approval to the Local Planning Authority at the intervals no greater than as stated in the HMP.  The development shall not at any time be operated without compliance with the approved HMP and any subsequently approved modified HMP.

 

          Reason:  To ensure adequate and appropriate habitat creation and improvement to mitigate against the loss of accessible grassland from the approved installation of a solar array and associated equipment which is necessary to protect the integrity of the adjacent South Pennine Moors Special Protection Area and South Pennine Moors Special Area of Conservation, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018).

 

11.     No works shall take place on the site until the applicant or any successor(s) in title has secured the implementation of a programme of archaeological investigation, monitoring and recording which must be carried out in accordance with a Written Scheme of Investigation that shall first be submitted to and approved in writing by the Local Planning Authority.  An archaeological record of the investigation shall be deposited with the Local Planning Authority within one month of its completion.

 

          Reason:  To ensure and safeguard the recording and inspection of matters of archaeological/historical importance and interest associated with the site, in accordance with Policy HE4 of Burnley`s Local Plan (July 2018).  The programme of archaeological works and Written Scheme of Investigation are required prior to the commencement of development in order to ensure that any archaeological artefacts can be detected and recorded.

 

12.     The construction of the development shall be carried out in accordance with the submitted Transport Statement (prepared by Arcus, revised September 2021) and a Traffic Management Plan that shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The construction of the development shall thereafter only be carried out in accordance with the approved details.

 

          Reason:  To ensure that suitable controls and measures are in place to accommodate construction traffic and minimise any potential disruption, in the interests of highway safety, in accordance with Policy IC1 of Burnley`s Local Plan (July 2018).

 

13.     For the full period of construction and decommissioning, facilities shall be available on site for the cleaning of the wheels of vehicles leaving the site and such equipment shall be used as necessary to prevent mud and stones being carried onto the highway. The roads adjacent to the site shall be mechanically swept as required during the full construction period.

 

Reason: To avoid the deposit of mud or debris on the public highway, in order to protect highway safety, in accordance with Policy IC1 of Burnley’s Local Plan (July 2018).

 

14.     No external lighting shall be installed or used at any part of the application site unless in accordance with details of minimal and ecologically sensitive lighting that has been submitted to and approved in writing by the Local Planning Authority.

 

Reason: To avoid harm to upland birds and wildlife, to protect the biodiversity of the site and the adjacent South Pennine Moors Special Protection Area, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018).  

 

15.     Prior to the commencement of development, details of the heights, materials and specification of all fences and gates to be erected on the site shall be submitted to and approved in writing by the Local Planning Authority.  The development shall thereafter only be constructed in accordance with the approved fence and gate details.

 

          Reason: To ensure a satisfactory appearance and minimise the visual impact of these features on the open countryside and users of the adjacent public rights of way, in accordance with Policies CC1 and SP5 of Burnley`s Local Plan (July 2018). The details are required prior to the commencement of development to ensure that the approved details can be implemented at the appropriate stage in the development.

 

16.     Prior to the commencement of development, precise details of the siting, scale, design, colour, materials and external appearance of the approved solar array, camera poles, battery energy storage system, substations, inverters and associated equipment and surfacing materials to be used on the proposed access tracks, shall be submitted to and approved in writing by the Local Planning Authority.  The development shall thereafter only be carried out in accordance with the approved details.

 

          Reason: To ensure a satisfactory appearance and minimise the visual impact of the development on the open countryside, in accordance with Policies CC1 and SP5 of Burnley`s Local Plan (July 2018). The details are required prior to the commencement of development to ensure that the approved details can be implemented at the appropriate stage in the development.

 

17.     The approved use of the site shall cease on or before a period of 30 years following the first date that the site becomes either partly or fully operational (whichever is the sooner) and the entire development hereby approved (solar array, battery storage energy system, substation, inverters, cameras, kiosks, containers, access tracks, hardstandings  and associated equipment) shall be removed from the site and the land restored to its former condition within this period or no later than 9 months from the date of the cessation of its use for the production of energy (whichever is the sooner).  The restoration of the site shall be carried out in accordance with a Restoration Plan to be previously submitted to and approved in writing by the Local Planning Authority and shall include details of all works necessary to revert the site to open grassland, including the removal of any buried cabling and establishment of any new planting and timescales for the completion of all works.

 

          Reason:  The proposed development has an operational lifespan of 30 years and following this period (or a shorter period if the use ceases earlier than anticipated) the visual impact of the development is no longer justified and the landscape should be restored in the interests of visual amenity, in accordance with Policies CC1 and NE3 of Burnley`s Local Plan (July 2018).

 

18.     Prior to the decommissioning and removal of any apparatus from the development, a specific Decommissioning Environment Management Plan (DEMP) which shall be based on the measures and controls in the submitted Outline Construction Environment Management Plan, shall be submitted to and approved in writing by the Local Planning Authority.  The decommissioning of the development shall thereafter only be carried out in accordance with the approved Decommissioning Environment Management Plan.

 

Reason:   To protect the ecology of the site during the decommissioning and restoration of the site, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018).

 

19.     Prior to the decommissioning and removal of any apparatus from the development, a specific Traffic Management Plan to include details of the type, amount and timings, routes and control of traffic to and from the site shall be submitted to and approved in writing by the Local Planning Authority.  The decommissioning of the development shall thereafter only be carried out in accordance with the approved Traffic Management Plan.

 

          Reason:  To ensure that suitable controls and measures are in place to accommodate traffic associated with the decommissioning and restoration of the site and to minimise any potential disruption, in the interests of highway safety, in accordance with Policy IC1 of Burnley`s Local Plan (July 2018).