Agenda item
PLANNING APPLICATION B 22 0356
Proposed development of a Photovoltaic Solar Array, Grid Connection, Access Improvements Works and Ancillary Development on Land at Bicker Fen, Boston and South Holland.
Land to the west of Cowbridge Road, Bicker, Boston.
Mr Luke Rogers AGR Solar 2 Limited.
Minutes:
Proposed Development Of A Photovoltaic Solar Array, Grid Connection, Access Improvements Works And Ancillary Development On Land At Bicker Fen, Boston And South Holland.
Land to the west of Cowbridge Road, Bicker, Boston
Mr Luke Rogers, AGR Solar 2 Limited
The Planning Officer presented the report confirming that the application has been called in by former Councillor Michael Cooper on the grounds of cumulative impacts on residents.
The application was a full planning application for a proposed development of a photovoltaic solar array, grid connection, access improvement works & ancillary development on land at Bicker Fen. The development (including the grid connection corridor) would involve approximately 97.3ha of land, the majority of which was arable agricultural land. The development is anticipated to have a lifespan of 40 years, after which the land could would be returned to agricultural use.
The solar farm was predicted to have a peak output of 49.995 megawatts during peak operation, which would be capable of powering thousands of homes. The development would consist of solar PV panels arranged in linear rows approximately 5m apart to face south. Panels were mounted on a steel and aluminium frame, with supports pile driven into the ground to a depth of approximately 1.2m depending on ground conditions. In areas of archaeological sensitivity surface mounted solar panel frames would be used to enable preservation of archaeology in situ. The panels would be mounted at approximately 0.8m from the ground at the lowest point, rising to up to approximately 3m at the highest point.
The development would also include a battery storage facility (to reinforce the power generation of the solar farm), inverter / transformer stations, CCTV, deer type perimeter fencing (approx. 2.1m high) and landscaping. The electricity generated by the solar development will be fed into the Bicker Fen National Grid Substation via underground cables.
This was a cross-boundary application with South Holland District Council. The larger proportion of the site covered by panel’s lay within the boundary of South Holland. The application site predominantly comprised arable farmland made up of large fields, crossed by a network of ditches and drains. It also included the grid connection corridor where underground cables would be laid. Field margins were typically formed by open ditches, however in some locations established hedgerows and hedgerow trees made up the field boundaries. These features were characteristic of the wider local landscape. The landscape was interspaced by occasional farm buildings (both residential and functional) of varying size and condition. A Public Right of Way follows Hammond Beck in a broadly north/south direction.
The site is not subject to any landscape, heritage or conservation area designations and there are no listed buildings on the site itself. There are listed buildings in Bicker to the east, but these are some distance away. There are no formal ecological designations within 2.5km of the site.
Representation was receive in support of the application by Mr Wray which
Confirming he was the owner of Wray Farms, one of three farms which had provided the land for the application site, Mr Wray advised his family had been farming his land for over 100 years. The allocation of his land to the application site was 38 hectares, 15% of his farming area. Mr Wray believed he was a custodian of the land and it was his responsibility to make it the best it could be and if possible, better for future generations. His business was to grow commodities and as such he had no say in the price he would achieve for his produce. The ongoing increase in cheap imports and the obsession for cheap food was having a continual financial impact on the business and along with issues on the land including the impact of black grass weeds on heavy dirt land, it was increasingly hard to grow profitable produce.
The proposed application would provide much needed employment in the region for local contractors; the land would improve significantly with the hedge planting, wildflower meadows and installation of the boxes and it would be maintained throughout the term of the site increasing the wildlife extensively.
No significant committee questions were asked of Mr Wray in respect of the application or representation received.
Representation was received from the applicant Mr Rogers who was supported by the agent Mr Roden to assist in responding to any questions tabled and included:
Committee were reassured that AGR were an experienced developer with a sound track record over the last 10 years. A key issue and consideration when assessing the proposed site had been the connection to, and the spare capacity of, the Bicker Fen Sub Station which had been integral to the decision. The site once operating, would generate energy for 18.000 homes
As part of the consultation exercise, several local schools and universities had been contacted with follow up visits and talks at the schools and ongoing liaison with the universities to include students in the scheme.
Care had been take to minimise any traffic impact to the local road network and residents. Vehicles would access via one route and exit via another to ensure there was no meeting of vehicles on the roads.
Screening in keeping with the site would be provided and maintained in line with the Ecological Management Plan, required as part of a condition.
New hedgerows would be planted along with wildflower meadows which were secured by a planning condition. Two local farmers had shown interest in their sheep grazing on the land directly beneath the solar panels, arrangements which were already in place at other sites and which had provided successful. The land would be fully resorted to farmland for agricultural production at the end of the 40 years life of the site, with a full de-commissioning plan for removal of all the structures.
Responding to questions tabled by committee Mr Rogers and Mr Roden advised as follows:
AGR had experience of similar developments and understood the importance of liaison by their communications department with all persons involved, including residents and Parish Councils, to offer reassurance where needed and to address any issues which arose. A vigorous enforcement management plan was in place and drivers were disciplined to not speed or threaten during their trips whilst to the site and from it.
In reference to the educational establishments contacted in respect of the development, members were advised that visits to the schools had taken place where presentations of the proposed development had been provided for the students which included the process and time line for the development, and whilst tours were not permissible during the construction phase, they would take place once the site opened. The universities had been approached with a view to forming a partnership with students being invited on site to monitor the changing bio-diversity of the site.
The Assistant Director – Planning and Strategic Infrastructure addressed the meeting following the comments made and advised that should members wish, an amendment could be made to condition 14 of the report to incorporate communications and engagement to address the concerns raised.
Committee deliberation followed which included:
Concern was noted at the siting of the development on productive farmland, with three serious events having significantly affected arable farmers over recent years with the latest resulting from Ukraine having a huge impact. Furthermore the Country had a growing population with food productivity being even more important, and whilst such developments would ensure there was plenty of electricity, no thought was being given to the where future food would come from.
Concern was also noted at climate change and global warming and the greater significance at the current time and the need to stop using fossil fuels. A suggestion was made to look to further alternative sites for harnessing solar power at smaller sites including car parks which had been trialled elsewhere to produce alongside the large Solar farms. Further concern noted the possibility of additional applications for sub-stations at the Bicker site.
Support of the proposed development was given citing the benefits of the of the Bicker Fen area provision of facilities overall, and the standard of the design of the builds on site to date, with suitable screening having been provided and the benefits of the whole operation.
It is recorded at this point that The Assistant Director – Panning and Infrastructure urged caution at the recommendation for an additional condition in respect of the Black Sluice Internal Drainage Board, advising committee that it would blur planning and IDB Bye-Laws and that there was an informative within the report addressing the concerns raised. The recommendation was withdrawn.
It is recorded that Councillor Alison Austin and Joythi Arayambath left the meeting during the deliberation and prior to the vote being taken.
It was moved by Councillor Anne Dorrian and seconded by Councillor Pierpoint
Vote: 8 In favour 3 against. 0 Abstentions
RESOLVED:
That the application be granted in line with officer recommendation, subject to the reasons, conditions and informatives and subject to the amendment to condition 14.
1.0 Recommendation
1.1 It is recommended that Committee approve the application subject to the following conditions:
- The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason: Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004.
- The permission hereby granted shall expire 40 years from the date when electrical power is first exported from the solar farm to the electricity grid network, excluding electricity exported during initial testing and commissioning. Written confirmation of the first export date shall be provided to the Local Planning Authority no later than one calendar month after the event.
Reason: To limit the long term effects of the development and in recognition of the temporary lifespan of the structures, in accordance with Policies 2 and 3 of the South East Lincolnshire Local Plan 2019.
- Not later than 12 months before the expiry of this permission, a decommissioning and site restoration scheme shall be submitted for the written approval of the Local Planning Authority. The scheme shall make provision for the removal of the solar panels and all other associated equipment & paraphernalia and the subsequent restoration of the site. The scheme shall include details of:
§ the extent of equipment and foundation removal and the site restoration to be carried out;
§ the management and timing of any works;
§ a traffic management plan to address likely traffic impact issues during the decommissioning period;
§ an environmental management plan to include details of measures to be taken during the decommissioning period to protect wildlife, habitats and tree features on the site;
§ location of material laydown areas;
§ full details of the removal of the solar arrays, associated buildings and plant, any trackways and sub-surface cabling and all associated works of ground restoration including trench backfilling;
§ full details of all other works to restore the land to allow for agricultural production following the removal of structures from the site; and
§ a programme of implementation.
§ The approved scheme shall be implemented and then proceed fully in accordance with the agreed details in accordance with the decommissioning programme.
Reason: To ensure the site is fully restored to allow agricultural use and to maintain the rural appearance of the area in accordance with Policies 2 and 3 of the South East Lincolnshire Local Plan 2019.
- If the solar farm hereby permitted (or any substantial sub-part of the farm) fails to produce electricity for supply to the grid for a continuous period of two years, a scheme for either:
(1) the decommissioning and removal of the solar farm (if there is no realistic prospect of the solar farm becoming operational again), incorporating the same details required under condition 3;
or
(2) the repair or replacement to enable the solar farm to continue to operate, including a programme and timetable of remedial works;
shall be submitted to the Local Planning Authority for their written approval within 6 months of the solar farm ceasing to operate.
The relevant scheme shall thereafter be implemented in accordance with the approved details and timetable.
Reason: To ensure the solar farm beneficially generates electricity or is otherwise removed to the benefit of the character and appearance and the agricultural potential of the area in accordance with Policies 2 and 3 of the South East Lincolnshire Local Plan 2019.
- The development hereby permitted shall be carried out in accordance with the following approved plans and documents:
§ Planning Design and Access Statement August 2022
§ 2920-01-01 Site Location Plan
§ 2920-01-02 Statutory Plan
§ 2920-01-03 General Arrangement Full Layout
§ 2920-01-03a General Arrangement Sheet 1
§ 2920-01-03b General Arrangement Sheet 2
§ 2920-01-03c General Arrangement Sheet 3
§ 2920-01-04 Illustrative PV Frame and Panels
§ 2920-01-05 Solar Farm Indicative / Transformer Station
§ 2920-01-06 Solar Farm Storage Building
§ 2920-01-07 Solar Farm Control Building
§ 2920-01-08 Solar Farm Switchgear Building
§ 2920-01-09 Indicative Deer / Stock Fencing, Access Track and CCTV
§ 2920-01-10 Typical Cable Trench
§ 2920-01-11 Battery Storage Containers
§ 2920-01-12 Battery Inverter/Transformer Stations
§ 2920-01-13 Battery Switchgear Buildings
§ 2920-01-14 Battery Control Building
§ 2920-01-15 Acoustic Screen
§ 2920-01-16 Indicative Box Culvert
§ 2920-01-17 General Arrangement with Sky Lark Mitigation Area
§ CA Report MK0548_01 Historic Environment Desk-Based Assessment July 2022
§ Flood Risk Assessment v1.1 November 2022
§ Appendix D2 Hydrological Analysis
§ Ecological Assessment Report - Version 2 dated 26th September 2022 Appendix 3: Water Vole and Otter Survey Report
§ Written Scheme of Investigation for an Archaeological Evaluation - Rev 2 dated 31 January 2023
§ Skylark Habitat Management Plan - Issue 3 - reference Axis-043-1379 dated 10 February 2023
§ Technical Note 01 Agricultural Land Note dated 14th April 2023
§ Technical Note - Cumulative Effects on Agricultural Land and Farming Consequences
§ Cumulative Landscape & Visual Effects Document March 2023
§ Highways Scoping Note- Revised Access Strategy Technical Note 01
§ Landscape and Visual Impact Assessment Appendix B Part 1 August 2022
§ Landscape and Visual Impact Assessment Appendix B Part 2
§ Landscape and Visual Impact Assessment Appendix B Part 3
§ Landscape and Visual Impact Assessment Appendix B Part 4
§ 40312 Archaeological Geophysical Survey June 2022 Part 1 – 25th August
§ 40312 Archaeological Geophysical Survey June 2022 Part 2 – 25th August
§ Appendix F Noise Impact Assessment May 2022
§ Appendix G Glint and Glare Study
§ Appendix H Agricultural Land Assessment - November 2021
§ 2920-01-TS01 August 2022 - Appendix I Transport Statement
§ Highways Scoping Note- Revised Access Strategy Technical Note 01
§ Appendix J Stage 1 Contamination Assessment Part 1 - August 2022
§ Appendix J Stage 1 Contamination Assessment Part 2
§ Appendix J Stage 1 Contamination Assessment Part 3
§ Appendix J Stage 1 Contamination Assessment Part 4
§ Appendix J Stage 1 Contamination Assessment Part 5
§ Appendix J Stage 1 Contamination Assessment Part 6
§ Appendix J Stage 1 Contamination Assessment Part 7
Reason: To ensure that the development is carried out in accordance with approved plans in accordance with Polices 2 and 3 of the South East Lincolnshire Local Plan 2019.
- The development permitted by this planning permission shall be carried out in accordance with the Flood Risk Assessment (FRA) completed by Weetwood Services Limited, Final Report v1.0 dated May 2022 and the following mitigation measures detailed within section 5 of the FRA:
§ The three inverter/transformer stations in the western portion of the site to be raised to a minimum level of 3.10mAOD
§ The remaining inverter/transformer stations and all storage/control/switchgear buildings and battery storage containers to be located outside the 1 in 100 plus climate change AEP flood outline, as shown in Appendix A, proposed layout plan 2920-01-03
The mitigation measures shall be fully implemented prior to occupation and subsequently remain in place.
Reason: To reduce the risk of flooding to the proposed development and future occupants, in accordance with Policy 4 of the South East Lincolnshire Local Plan 2019.
- Unless agreed otherwise in writing by the Local Planning Authority, all vehicles making deliveries of materials and components to the permitted development shall arrive via the Viking Link haul road and North Ing Drove route described in the submitted Revised Access Strategy Technical Note, dated February 2023, and all departing, unloaded delivery vehicles shall leave the Application Site via the Cowbridge Drove, Ing Drove and Bicker Wind Farm haul road route, also described in the same Technical Note. The arrival and departure of Heavy Goods Vehicles during the decommissioning of the permitted development shall be in accordance with routing that shall first be agreed in writing, at the time of decommissioning, by the Local Planning Authority in consultation with the Local Highway Authority and with regard to prevailing condition of the local highway at the time of decommissioning. No other roads between the A52 and the Application Site shall be used by delivery vehicles during the construction and decommissioning phases.
Reason: In the interests of highway safety, to reduce the likelihood and frequency of arriving and departing Heavy Goods Vehicles meeting on-coming vehicles on the narrow Fen roads serving the permitted development and having to over-run highway verges or undertake unreasonable reversing manoeuvres in order to pass one another.
- Prior to the commencement of any part of the development hereby permitted, the condition of the parts of North Ing Drove, Cowbridge Drove and Ing Drove that will be used by vehicles making deliveries of materials and components to the permitted development shall be recorded by written notes, still and moving photographic images during an inspection that shall be undertaken by the Applicants’ representatives in the company of an officer of the Local Highway Authority. Those public roads shall be maintained, at the cost of the Applicants, in a safe and suitable condition throughout the construction phase of the permitted development and shall be reinstated to no less than the standard of their pre-commencement condition following completion of the construction phase. The Applicants shall also follow a reciprocal process during the decommissioning of the permitted development.
Reason: To ensure the safety and free-passage of the public using North Ing Drove, Cowbridge Drove and Ing Drove during the construction and decommissioning of the permitted development.
- No development shall take place until a written scheme of archaeological investigation has been submitted to and approved in writing by the Local Planning Authority. This scheme should include the following and should be in accordance with the archaeological brief supplied by the Lincolnshire County Council Historic Environment advisor on behalf of the Local Planning Authority:
§ an assessment of significance and proposed mitigation strategy (i.e. preservation by record, preservation in situ or a mix of these elements);
§ a methodology and timetable of site investigation and recording;
§ provision for site analysis;
§ provision for publication and dissemination of analysis and records;
§ provision for archive deposition;
§ nomination of a competent person/organisation to undertake the work;
§ the scheme to be in accordance with the Lincolnshire Archaeological Handbook.
The archaeological site work shall only be undertaken in accordance with the approved written scheme.
Reason: To ensure the preparation and implementation of an appropriate scheme of archaeological mitigation in accordance with national guidance contained in Section 16 of the National Planning Policy Framework, 2021. This issue is integral to the development and therefore full details need to be finalised prior to the commencement of works. This condition is imposed in accordance with Policy 29 of the South East Lincolnshire Local Plan 2019.
- The applicant shall notify the Lincolnshire County Council Historic Environment Department in writing of the intention to commence works at least fourteen days before the start of archaeological work required in connection with condition 9 above in order to facilitate adequate monitoring arrangements.
Reason: To ensure satisfactory archaeological investigation and retrieval of archaeological finds in accordance with national guidance contained in Section 16 of the National Planning Policy Framework, 2021. This condition is imposed in accordance with Policy 29 of the South East Lincolnshire Local Plan 2019.
- A copy of the final report required in connection with Condition 9 and 10 above shall be submitted within three months of the work being carried out to the Local Planning Authority and the Lincolnshire Historic Environment Record. The material and paper archive required as part of the written scheme of investigation shall be deposited with an appropriate archive in accordance with guidelines published in The Lincolnshire Archaeological Handbook.
Reason: To ensure satisfactory arrangements are made for the recording of possible archaeological remains in accordance with national guidance contained in Section 16 of the National Planning Policy Framework, 2021. This Condition is imposed in accordance with Policy 29 of the South East Lincolnshire Local Plan, 2019.
- The development permitted by this planning permission shall be carried out in accordance with the Flood Risk Assessment (FRA) completed by Weetwood Services Limited, Final Report v1.1 dated November 2022 and the following mitigation measures detailed within section 5 of the FRA:
§ The three inverter/transformer stations in the western portion of the site to be raised to a minimum level of 3.10mAOD
§ The remaining inverter/transformer stations and all storage/control/switchgear buildings and battery storage containers to be located outside the 1 in 100 plus climate change AEP flood outline, as shown in Appendix A, proposed layout plan 2920-01-03
The mitigation measures shall be fully implemented prior to occupation and subsequently remain in place.
Reason: To reduce the risk of flooding to the proposed development and future occupants, in accordance with Policy 4 of the South East Lincolnshire Local Plan 2019.
- Prior to commencement of the development hereby approved, full details of the means of surface water disposal and foul water drainage shall be submitted to and approved in writing by the Local Planning Authority. The details so approved shall be implemented in full before the development hereby permitted is first brought into use.
Reason: To ensure that the site is adequately drained, to avoid pollution, and to prevent increased risk of flooding in accordance with Policies 2, 3 and 30 of the South East Lincolnshire Local Plan, 2019 and national guidance contained within the National Planning Policy Framework 2021.
- The development hereby permitted shall be undertaken in accordance with a Construction Management Plan and Method Statement that prior to commencement of development shall first be submitted to, and approved in writing by the Local Planning Authority.
The Construction Management Plan and Method Statement shall indicate measures to mitigate against the adverse impacts of vehicle movements and vehicle parking and shall include:
§ the phasing of the development to include access construction;
§ the parking of vehicles of site operatives and visitors;
§ the loading and unloading of plant and materials;
§ the storage of plant and materials used in constructing the development;
§ wheel washing facilities;
§ a strategy stating how surface water run off on and from the development will be managed during construction
Reason: In the interests of the safety and free passage of those using the adjacent public highway and to ensure that the permitted development is adequately drained without creating or increasing flood risk to land or property adjacent to, or downstream of, the permitted development during construction. This condition is imposed in accordance with Policies 2, 3 and 4 of the South East Lincolnshire Local Plan, 2019.
- Details of the precautions to be taken to prevent the deposit of mud on public highways by vehicles travelling from the site during construction of the development shall be submitted to and approved in writing by the Local Planning Authority before the development commences. These facilities shall include the provision of wheel washing facilities where considered necessary by the Local Planning Authority. These precautions shall be made available before commencement of the construction of the development and be kept available and in full working order until such time as the Local Planning Authority agrees in writing to their withdrawal or the completion of the development.
Reason: In the interests of highway safety during the construction process. This issue is integral to the development and therefore full details need to be finalised prior to the commencement of works. This condition is imposed in accordance with Policy 3 of the South East Lincolnshire Local Plan 2019.
- In the event that problems are encountered caused by glint/glare sufficient to result in a serious effect on amenity, details of proposed remediation/mitigation measures to be undertaken shall be submitted to the Local Planning Authority for written approval within 1 month of such problems being identified. The remediation/mitigation measures shall be carried out in their entirety within 3 months of the date of their approval in accordance with the approved details and retained thereafter.
Reason: To safeguard the amenity of nearby residents and road users, in accordance with Policies 2 and 3 of the South East Lincolnshire Local Plan 2019.
- Prior to the installation of any lighting (other than temporary lighting for construction), and before any above ground works commence, details of all external lighting to all buildings and areas of the site shall be submitted to and approved in writing by the Local Planning Authority. The details shall include luminance, fields of illumination, the type, design, location, angle, fall, spread and intensity of the lighting together with a lighting assessment which sets out a lighting strategy and measures to minimise the impact of lighting, particularly on any nearby residences, villages or on wildlife/biodiversity. The lighting strategy shall be informed by the Landscape and Ecological Management Plan required by condition 19 to minimise the impact of lighting to sensitive receptors and measures to prevent light spillage. The approved lighting scheme and strategy shall be implemented and maintained for the lifetime of the development. There shall be no external illumination other than that so approved.
Reason: To ensure an appropriate level of lighting is provided which is not detrimental to the amenity of the area or biodiversity in accordance with Policies 2, 3, 28 and 30 of the South East Lincolnshire Local Plan 2019.
- The scheme of landscaping and tree planting shown on drawing 2920-01-03 Rev E shall be carried out and completed in its entirety during the first planting season following the first installation of any of the solar panels. All trees, shrubs and hedgerows forming part of the overall landscaping scheme shall be maintained by the owner or owners of the land on which they are situated for the period of thirty years beginning with the date of completion of the scheme and during that period all losses shall be made good as and when necessary.
New hedgerows should be maintained at a height of approximately 3m-3.5m. Within the proposed woodland belts, larger stock (a combination of feathered and standard trees) should also be planted to provide initial screening benefit close to residential properties.
The landscaping and tree planting details shall be informed by the Landscape and Ecological Management Plan required as part of condition 19 and implemented and maintained during the 30 year period.
Reason: To ensure that the development is adequately landscaped, in the interests of its visual amenity and that of the area in which it is set. This condition is imposed in accordance with Policies 2, 3, 28 and 31 of the South East Lincolnshire Local Plan 2019.
- No above ground development shall commence until a Landscape and Ecological Management Plan (LEMP) has been submitted to and approved in writing by the Local Planning Authority. The content of the LEMP shall set out detailed scaled plans and shall include the following and be in force for no less than 30 years:
§ description and evaluation of features to be managed, informed by the Ecological Assessment;
§ details associated with the Skylark Mitigation Area and Skylark Habitat Management Plan by Avian Ecology reference: AXIS-043-1379 dated 19/12/2022 as required by condition 20;
§ details of the landscaping as required by condition 18;
§ ecological trends and constraints on site that might influence management;
§ aims and objectives of management;
§ appropriate management, maintenance, ongoing monitoring and remediation measures and retention;
§ prescriptions for management actions, broken into monitoring time periods;
§ preparation of a work schedule, including a timetable for implementation of all the planting, works and ecological and landscape enhancement/creation measures and an annual work plan capable of being rolled forward over a five-year period;
§ a scheme for dark corridors for biodiversity protection (including bats) to work in combination with an approved lighting strategy as part of condition 17;
§ retention of higher quality nesting and foraging habitat and semi improved field margins, size and details associated with their buffer zones;
§ construction and ecological management plan including ecologist pre-site clearance measures, survey to identify wild birds’ nests (including ground nesting birds), suitable work exclusion zones around any identified nest sites, and habitat protection during construction;
§ use of mammal gates to allow free movements of mammals, amphibians and reptiles;
§ use of box culvert for water voles in association with the new crossing in Hammond Beck;
§ species rich hedgerow management plan;
The approved LEMP, the future maintenance and management scheme and associated measures shall be implemented within the first planting season following installation of any of the solar panels. All trees, shrubs and hedgerows and skylark mitigation shall be maintained by the owner or owners of the land on which they are situated for the period of thirty years beginning with the date of completion of the scheme and during that period all losses shall be made good as and when necessary.
Reason: To ensure that the development is adequately landscaped, in the interests of its biodiversity, visual amenity and that of the area in which it is set. This condition is imposed in accordance with Policies 2, 3, 28 and 31 of the South East Lincolnshire Local Plan 2019.
- The Skylark Mitigation Area and Skylark Habitat Management Plan by Avian Ecology reference: AXIS-043-1379 dated 19/12/2022 shall be incorporated into an overall Landscape and Ecological Management scheme, including a future maintenance schedule, as required by condition 19 as above, and shall be implemented no later than the first planting season following the first installation of any of the solar panels.
The Skylark Mitigation Area shall be maintained by the owner or owners of the land on which it is situated in line with the Landscape and Ecological Management Plan for a period of not less than 30 years and during that period all losses shall be made good as and when necessary.
Reason: To ensure that the development is adequately landscaped, in the interests of its biodiversity, visual amenity and that of the area in which it is set. This condition is imposed in accordance with Policies 2, 3, 28 and 31 of the South East Lincolnshire Local Plan, 2019.
- No development shall commence until details of a Training and Employment Management Plan, including Education, has been submitted to and approved in writing by the Local Planning Authority. The plan will aim to promote training and employment opportunities at all stages of the development for local people and social benefits and should include:
§ Measures to ensure the owner and contractors work directly with local employment and training agencies;
§ Targets for employing local labour
§ Targets for work experience opportunities and apprenticeships
§ Measures to provide training opportunities in respect of any new jobs created
§ An Educational Strategy/Plan, which sets out opportunities and measures for Education benefit in connection with local schools, colleges and universities
§ Requirements to submit monitoring information on the plan at regular intervals to the Local Planning Authority.
The development shall be carried out in accordance with the agreed plan and any amendments to the plan shall be agreed in writing with the Local Planning Authority.
Reason: In the interests of promoting economic and training opportunities and social benefits in association with approved developments in accordance with Policy 1 of the South East Lincolnshire Local Plan 2019 and the National Planning Policy Framework (2021).
- Noise from fixed plant and machinery shall not exceed the representative background noise level by more than a rating value of 5 dB(A) when measured as a 15 minute L(A)eq at any residential boundary not within the applicant's ownership, when measured in accordance with BS 4142:2014+A1(2019).
Reason: To ensure that there is no noise nuisance to nearby residents. This condition is imposed in accordance with Policies 2, 3 and 30 of the South East Lincolnshire Local Plan 2019.
Informatives
Crime Reduction Officer – Attach comments
Black Sluice Internal Drainage Board –
Discharge Outfalls
If any proposed surface or treated water discharge outfall is into a watercourse, Section 23 Land Drainage consent will be required for any structures placed in the bank.
Access to Watercourses / Byelaws
There are a number of Board-maintained Watercourses crossing and bounding the land for development. The Board does not own the land within which these watercourses lie. The Board is only responsible for the conveyance of water.
The Board has a byelaw (No.10) which prohibits the siting of any obstructions, whether temporary or permanent, including planting, within 9 metres of the top of the bank of an open watercourse without the prior written consent of the Board. This distance allows the Board unobstructed access to its vested watercourses for maintenance or planned works at all times.
Whilst the Board notes that in the majority of cases the main infrastructure is to be located outside of the byelaw distance, there are a number of instances where either security fencing or screen planning appears to located within this distance. This is NOT acceptable to the Board in any circumstances.
The applicant should therefore reassess their plans to ensure that the Board can carry out its statutory duties without hindrance.
The applicant should also note Section 4 of the Board’s guidance document regarding disposal of waste material.
Filling in or Culverting Watercourses
There are also a number of watercourses NOT maintained by the Board bounding or crossing the site.
If the applicant or their successors intend to pipe of fill any watercourse, including those maintained by the Board, now or at any time in the future, then under Section 23 of the Land Drainage Act 1991 the prior written consent of the Board is required for any proposed permanent or temporary works or structures, including infilling, diversion, or replacement of any existing structures, within any watercourse. This is mandatory.
The applicant is reminded that within common law, the ownership and maintenance responsibility for any watercourse, and any structures within such as piped access culverts, lies with the adjacent landowners, regardless of whether the watercourse is maintained by the Board. Where a section of watercourse lies wholly within a land or property boundary, or lies alongside a highway, then the land or property owner is considered wholly responsible for the ownership and maintenance of that section of watercourse and any structures within.
Site Ground Levels
The existing ground level of the site should not be raised above the level of any surrounding land unless measures are taken, to the satisfaction of the local planning authority, to prevent possible flooding or waterlogging of any neighbouring land or properties.
Lincolnshire County Council –
The permitted development requires the formation of a new/amended vehicular access. These works will require approval from the Highway Authority in accordance with Section 184 of the Highways Act. Any traffic management required to undertake works within the highway will be subject to agreement. The access must be constructed in accordance with a current specification issued by the Highway Authority. Any requirement to relocate existing apparatus, underground services, or street furniture because of the installation of an access will be the responsibility, and cost, of the applicant and must be agreed prior to a vehicle access application. The application form, costs and guidance documentation can be found on the highway authority's website, accessible via the following link: https://www.lincolnshire.gov.uk/licences-permits/apply-dropped-kerb.
Supporting documents: