Agenda item

Town and Country Planning Act 1990

Erection of solar farm comprising 1978 panels, transformer housing, CCTV and boundary fencing

Crow Wood Hotel Crow Wood Holme Road Stoneyholme

 

A motion to refuse the application due to unacceptable impact on the greenbelt was moved and seconded.  As refusal was contrary to officer recommendation a recorded vote was taken.

 

On being put to the vote, the motion was declared to have been LOST.

 

Decision

 

That planning permission be granted subject to the following conditions:

 

Conditions and Reasons

 

 

1.         The development must be begun not later than the expiration of three years             beginning with the date of this permission.

 

Reason: Required to be imposed pursuant to 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 shall be carried out in accordance with the approved plans listed on this notice below.

           

Reason:  For the avoidance of doubt and to clarify which plans are relevant to the       consent.

 

3.         The planning permission hereby granted shall be limited to a period of 40 years commencing from the date electricity generated by the solar panels is first exported to the National Grid. At the end of this 40-year period, the development shall be removed, and the land restored to its previous agricultural use in accordance with details that shall have been previously submitted to and approved in writing by the Local Planning Authority.

 

Reason: The proposed development has an operational lifespan of 40 years and following this period (or a shorter period if the use ceases earlier than anticipated) the impact of the development on the green belt is no longer justified and the landscape should be restored in the interests of the green belt, in accordance with Policies SP7, CC1 and NE3 of Burnley`s Local Plan (July 2018).

 

            Decommissioning & Highways

 

4.         No later than six months prior to the expiry of the planning permission, or within six months of the cessation of electricity generation by this solar array, whichever is the sooner, a detailed scheme of works for the removal of the development (excluding the approved landscaping and biodiversity works) shall be submitted to and approved in writing by the Local Planning Authority (LPA).The scheme of works shall include the following: (a) a programme of works; (b) a method statement for the decommissioning and dismantling of all equipment and surfacing on site; (c) details of any items to be retained on site; (d) a method statement for restoring the land to agriculture; (e) timescale for the decommissioning, removal and reinstatement of the land; (f) a method statement for the disposal/recycling of redundant equipment/structures. The scheme of works shall be undertaken in accordance with the approved details and timescales. The operator shall notify the Local Planning Authority in writing within five working days following the cessation of electricity generation.

 

            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).

 

5.         No construction or decommissioning works shall take place except between the following hours: 08:00 to 18:00 Monday to Friday, and 08:00 to 13:00 Saturday. No construction or decommissioning works shall take place at any time on Sunday or a Bank Holiday.

 

            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)

 

 

6.         For the full period of construction, 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).

 

 

7.         No external lighting, including lighting required for construction and decommissioning, shall be installed at the site until such time as a lighting strategy for biodiversity has been submitted to and approved in writing by the local planning authority. All external lighting shall be installed in accordance with the details agreed in the strategy and shall be maintained thereafter in accordance with the agreed details, subject to any such variation that may be agreed with the Local Planning Authority. No additional external lighting shall be installed without prior written consent from the local planning authority.

 

            Reason: To avoid harm to any wildlife, to protect the biodiversity of the

site and to protect the character of the green belt and open countryside in accordance with Policy NE1 of Burnley`s Local Plan (July 2018)

 

            Ecology & Landscape

 

8.         The development shall be carried out in accordance with the recommendations set out in the Landscape Visual Impact Assessment Rev A dated May 2023.

 

            Reason: To ensure the development enhances the landscape and biodiversity aspects of the scheme and through mitigation reduces any potential visual impacts in accordance with policy NE3 of Burnley’s adopted Local Plan.

 

9.         Prior to development on site, a bat mitigation and avoidance strategy for works near to the mature Oak Tree to the southern edge of the site shall be submitted to and approved in writing by the Local Planning Authority

 

            Reason: To ensure the protection of species/habitat protected by the Wildlife and Countryside Act 1981 (as amended) and in the interests of biodiversity incompliance with policy NE1 of Burnley’s adopted Local Plan and The NPPF.

 

10.       No works shall commence between the 1st March and 31st August in any year unless a detailed bird nest survey of the adjacent plantation and barn owl box by a suitably experienced ecologist has been carried out immediately prior to development and written confirmation provided that no active bird nests are present which has been agreed in writing by the LPA.

 

            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 Policies NE1 and NE4 of Burnley`s Local Plan (July 2018)

 

11.       Detailed specification of the native hedgerow (refer to drawing 1503 – 2B) shall be submitted and approved in writing by the Local Planning Authority. The hedgerow shall be put in place in the first planting season. All planted materials shall be maintained for five years and any trees or plants removed, dying, being severely damaged or becoming seriously diseased within 5 years of planting shall be replaced  with others of similar size and species to those originally required to be planted.

 

Reason: To ensure that the appearance of the development is satisfactory.

 

12.       The development shall be carried out in accordance with the recommendations set out in the Preliminary Ecological Report and Great Crested Newt Report V1 dated 30/5/23 especially reference to the ‘Mitigation and Opportunities’ chapter.

 

Reason: To ensure the development enhances the biodiversity aspects of the scheme and through mitigation reduces any potential impacts in accordance with policy NE1 of Burnley’s adopted Local Plan.

 

Drainage

 

 

13.       The development permitted by this planning permission shall be carried out in accordance with the principles set out within the site-specific flood risk assessment and surface water sustainable drainage strategy (17/04/2023 AEG02105_BB12_Burnley_07, Aegaea) The measures shall be fully implemented prior to the first use of the development and in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the Local Planning Authority in consultation with the Lead Local Flood Authority.

 

            Reason: To ensure satisfactory sustainable drainage facilities are provided to serve the site in accordance with the Paragraphs 167 and 169 of the National Planning Policy Framework, Planning Practice Guidance and Defra Technical Standards for Sustainable Drainage Systems.

 

14.       Prior to the commencement of development, details of a sustainable surface water drainage scheme and a foul water drainage scheme shall be submitted to and approved in writing by the Local Planning Authority. The drainage schemes must include:

 

(i) An investigation of the hierarchy of drainage options in the National Planning Practice Guidance (or any subsequent amendment thereof). This investigation shall include evidence of an assessment of ground conditions and the potential for infiltration of surface water in accordance with BRE365;

(ii) No surface water shall be permitted to discharge directly or indirectly to the public

sewer network;);

(iii) Levels of the proposed drainage systems including proposed ground and finished floor levels in AOD;

(iv) Incorporate mitigation measures to manage the risk of sewer surcharge where

applicable; and

(v) Foul and surface water shall drain on separate systems.

The approved schemes shall also be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards.

Prior to occupation of the proposed development, the drainage schemes shall be completed in accordance with the approved details and retained thereafter for the lifetime of the development.

 

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution in accordance with policy CC5 of Burnley’s adopted Local Plan 2018.

 

15.       Prior to occupation of the development a sustainable drainage management and maintenance  plan for the lifetime of the development shall be submitted to the local planning authority and agreed in writing. The sustainable drainage management and maintenance plan shall include as a minimum:

 

a. Arrangements for adoption by an appropriate public body or statutory undertaker, or, management and maintenance by a resident’s management company; and

b. Arrangements for inspection and ongoing maintenance of all elements of the sustainable drainage system to secure the operation of the surface water drainage scheme throughout its lifetime.

 

The development shall subsequently be completed, maintained and managed in accordance with the approved plan.

 

Reason: To ensure that management arrangements are in place for the sustainable drainage system in order to manage the risk of flooding and pollution during the lifetime of the development, in accordance with policy CC5 of Burnley’s adopted Local Plan 2018.

 

16.       No construction shall commence until details of the means of ensuring the 1370mm Combined sewer that is laid within the access road leading to the site boundary, is protected from damage as a result of the development have been submitted to and approved by the Local Planning Authority in writing. The details shall outline the potential impacts from construction activities and the impacts post completion of the development on the public sewer that crosses the access route and identify mitigation measures to protect and prevent any damage to the pipeline both during construction and post completion of the development. Any mitigation measures shall be implemented in full in accordance with the approved details.

 

Reason: In the interest of public health and safety and to ensure protection of essential services.

 

 

 

 

 

 

Informatives:

 

The applicant is reminded that under the Protection of Badgers Act 1992 it is an offence to intentionally or recklessly interfere with a badger sett. If a badger sett is found on or near the developments site work should cease immediately and a suitably experienced ecologist employed to advise on how best to proceed. It is also an offence to wilfully kill, injure, ill-treat, take or possess a badger or attempt to do so.