Agenda item

Major – Full Planning Permission

 

Proposed installation and operation of a Battery Energy Storage System (BESS) and ancillary infrastructure and landscaping and biodiversity enhancements.

 

Land off Vicarage Drove, Bicker Bar, Boston

 

Proposed installation and operation of a Battery Energy Storage System and ancillary infrastructure and landscaping and biodiversity enhancements

 

Land off Vicarage Drove, Bicker Fen, Bicker, Boston

 

The Senior Planning Officer presented the report and confirmed that the application had been referred to the planning committee by the Assistant Director (Planning) along with the other two BESS applications to be considered following this item, to ensure transparency on all the applications. The application had also received two third party objections and an objection from the Parish Council.

 

The site to which the application related was a parcel of agricultural land that measured approximately 10.35 hectares (ha). The site was located approximately 3.6km from Bicker Village and is approximately 14.6km Southwest of Boston.  To the west of the site sat the South Forty Foot Drain (a local wildlife site), which was separated through trees and hedgerows and a raised embankment. To the north and the east of the site was the Vicarage Drove Solar development (B/21/0443). The site itself was generally flat and of an agricultural nature, which was the same for the surrounding area. The site required a new access, located at the end of Vicarage Drove. Vicarage Drove was a single-track road, but it had clear visibility. The road led North/Northeast to Bicker Drove which was connected to Cowbridge Road.

 

The roads were similar in nature being narrow and are uneven but the visibility along them was clear. 

 

Planning permission was sought for a 400-megawatt (MW) Battery Energy Storage System together with switchgear container, inverter/transformer units, a substation, water tank, access, internal access tracks, security measures and biodiversity enhancements. The BESS would connect to the National Grid via the Bicker Fen Substation.

 

The planning history of the surrounding area was extensive including planning applications for wind turbines, an electricity sub-station and applications for photovoltaic solar array grid connections amongst others.

 

Public objections had included the application would be a waste of top-grade agricultural land needed for food security, concerns in respect of the impact on the road network, disruption to residents and the area had reached saturation point and any future development would be better on Brownfield sites.

 

Members were further advised the application was covered by local Policy 1 by providing an environmental and community benefit, as well as Policy 31, in respect of climate change and renewable energy.  Referencing the National Planning Policy Framework, members were reminded that paragraph 16 stated that the planning system should support the transition to net zero by 2050 and that the key point in the policy was that it should support renewable and low carbon energy and associated infrastructure with this falling under part 168.  Members were further advised that if granted, the permission would be for a 40-year period with decommission at that point. Noobjection has been raised by highways in respect of access to the site, a private road would be used and the submitted traffic route had been deemed acceptable. 

 

Statutory consultees had tabled no concerns which had not been mitigated by conditions.

 

Representation was received from Ms. J Barrow the agent for the applicant, Mr R Sang (who too was in attendance) which included:

 

Committee were advised that the applicant was an independent power producer and pioneer in renewable energy generation, who had been proactively engaging with all parties since January 2024, resulting in the application. Extensive engagement had taken place with local councillors, the parish council and residents.  The footprint would be 3.16 hectares with the remaining hectares being landscaped; biodiversity net gain would be 112% significantly above the mandatory requirement. The application would complete highway improvements prior to commencement of the site and then conduct repair and maintenance works post construction.  Whilst it was felt unlikely all three applications would be constructed at the same time, highways had confirmed that should that occur, the cumulative impact would be acceptable.  Fire and rescue services had confirmed the proposed development met all statutory guidance in relation to access, water supply, spacing and design.

 

In response to questions tabled by members to the representation made, Ms. Barrow confirmed that there had been public consultation events for local residents and a communications company had assisted with answering questions via e-mail and telephone.

 

Representation was received from the Ward Member Councillor James Cantwell which included:

 

Members were advised that his comments related to all three applications scheduled for determination. Residents had voiced concerns about the over-development of the Bicker Fen area, and he personally was not arguing against the development as he believed committee would approve the applications.  Members were advised that the applicant and local residents needed to be informed and work together, continue to engage with local stakeholders thereby enabling a level of scrutiny for health and safety, emergency planning and risk mitigation.  

 

No questions were tabled for Councillor Cantwell who, in line with our planning protocol, left the meeting at this point in the proceedings.

 

The Senior Planning Officer made no comment in respect of the representation received by the speakers.

 

Committee deliberation followed which included the following:

 

Concern was raised in respect of the suitability of local roads to cope with the traffic arising from the application. The Senior Planning Officer confirmed that condition 13 would require an evaluation of the road and identify any improvements, with passing places, to help improve the road and enable the construction traffic to pass.  It was further clarified that although Cowbridge Road was a country road and not in the best of conditions, it was a straight road with clear visibility and highways had not objected.  Members were also advised that trial trenching would be undertaken to address concerns in respect of potential archaeology finds and that a water drainage scheme had been submitted. Referencing concerns in respect of possible future contamination on the site, members were advised that not all the land was being developed with much of it being for biodiversity net gain improvements. There was no intention that the land would be contaminated, and it was the intent to restore the land to its previous state.

 

RESOLVED:

 

That the committee approve the application in line with officer recommendation and subject to the conditions and reasons as follows:

 

1.     The development hereby permitted shall be begun before the expiration of five years from the date of this permission.    

 

Reason: Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004 and to give sufficient time for the proposal to be connected to the National Grid.

 

2.     The development hereby permitted shall be carried out in accordance with the following approved plans and documents:

 

-       Site Layout Plan - with Landscaping, Drawing No. PL.001c-1

-       Site Layout Plan - with Landscaping, Drawing No. PL.001c-2

-       Site Layout Plan - with Landscaping, Drawing No. PL.001c-3

-       Site Layout Plan - with Landscaping, Drawing No. PL.001c

-       Site Location Plan, Drawing No. PL.003c

-       Site Access General Arrangement Plan, Drawing No. PL.004

-       Site Elevation Plan, Drawing No. PL.005-1

-       Site Elevation Plan, Drawing No. PL.005-2

-       Site Elevation Plan, Drawing No. PL.005-3

-       Site Elevation Plan, Drawing No. PL.005-4

-       Site Elevation Plan, Drawing No. PL.005

-       Storage Container, Drawing No. PL.007

-       Gate, Fence, Construction Road, CCTV Camera and Satellite Dish Details, Drawing No. PL.008

-       Temporary Construction Compound, Drawing No. PL.008a

-       Battery Energy Storage System Units, Drawing No. PL.009

-       Battery Energy Storage System MVS Skid Units, Drawing No. PL.010a

-       132 kV Substation Layout and Elevation, Drawing No. PL.018a

-       400 kV Substation Layout and Elevation, Drawing No. PL.0182b

-       400 kV Substation Layout and Elevation, Drawing No. PL.0182b

-       Welfare / Office Container, Drawing No. PL.019

-       Fire Water Tanks, Drawing No. PL.021

-       General Arrangement Plan, Drawing No. UG_2453_LAN_GA_DRW_01 Rev P03

-       Hard Landscape Plan 1/2, Drawing No. UG_2453_LAN_HL_DRW_04 Rev P03

-       Hard Landscape Plan 2/2, Drawing No. UG_2453_LAN_HL_DRW_05 Rev P03

-       Soft Landscape Plan 1/2, Drawing No. UG_2453_LAN_SL_DRW_02 Rev P03

-       Soft Landscape Plan 2/2, Drawing No. UG_2453_LAN_SL_DRW_03 Rev P03

-       Preliminary Ecological Appraisal October 2024

-       Flood Risk Assessment, Drawing No. XX-HML-XX-XX-RP-M-140001 Issue P03

-       Landscape & Visual Appraisal, Dated September 2024

-       Outline Battery Safety Management Plan, Dated September 2024

-       Construction Traffic Management Plan, Dated 18.11.2024

 

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.

 

3.     The permission hereby granted shall expire 40 years from the date when the Battery energy Storage System first becomes operational. Written confirmation of the first operational 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.

 

4.     Development may not begin unless a biodiversity gain plan has been submitted to and approved by the Local Planning Authority.

 

Reason: To comply with Schedule 7A of the Town and Country Planning Act (1990, as amended).

 

5.     Prior to the commencement of development a detailed surface water drainage scheme, in line with the outline strategy included in the approved FRA shall be submitted and approved in writing by the Local Planning Authority and the details so approved shall be implemented in full before there are any flows into the receiving systems. The Scheme submitted shall:

 

-       be based on the results of evidenced groundwater levels and seasonal variations (e.g. via relevant groundwater records or on-site monitoring in wells, ideally over a 12-month period);

-       be based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development;

-       provide flood exceedance routing for storm event greater than 1 in 100 year;

-       provide details of how run-off will be safely conveyed and attenuated during storms up to and including the 1 in 100 year critical storm event, with an allowance for climate change, from all hard surfaced areas within the development into the existing local drainage infrastructure and watercourse system without exceeding the run-off rate for the undeveloped site;

-       provide attenuation details and discharge rates which shall be restricted to greenfield run off rate;

-       provide details of the timetable for and any phasing of implementation for the drainage scheme; and

-       provide details of how the scheme shall be maintained and managed over the lifetime of the development, including any arrangements for adoption by any public body or Statutory Undertaker and any other arrangements required to secure the operation of the drainage system throughout its lifetime.

 

No part of the development shall be occupied until the approved scheme has been completed or provided on the site in accordance with the approved phasing. The approved scheme shall be retained and maintained in full, in accordance with the approved details.

 

Reason: To ensure that the permitted development is adequately drained without creating or increasing flood risk to land or property adjacent to, or downstream of, or upstream of, the permitted development.

 

6.     Prior to the commencement of the development hereby permitted, works to improve the public highway (by means of widening of the bend, widening of the carriageway on Bicker Drove between the bend and Vicarage Drove and the installation of two number passing places on Cowbridge Road) with a specification to be submitted to and agreed in writing by the Local Planning Authority. Such a specification shall set out the number, location and construction method of passing places. The passing places as approved shall thereafter be maintained and retained in perpetuity.

 

Reason: To ensure the provision of safe and adequate means of access to the permitted development in accordance with Policy 2 and 3 of the South East Lincolnshire Local Plan 2019.

 

7.     Notwithstanding the approved plans, prior to the commencement of any works relating to cable routing, a detailed plan confirming the cable route and method of construction shall be submitted to and approved in writing by the Local Planning Authority. Once approved, the development shall be carried out in accordance with the approved scheme.

 

Reason: In the interests of highways safety and archaeology and in accordance with Policies 2, 3, 29 and 31 of the Local Plan (2019).

 

8.     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 remedy, repair or removal of the Battery Energy Storage System and all of the 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 BESS, 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.

 

9.     The development permitted by this planning permission shall be carried out in accordance with the Flood Risk Assessment (FRA) [Produced by HM, Drawing No. XX-HML-XX-XX-RP-M-140001 Issue P03, Dated 03.10.2024] and the following mitigation measures shall be implemented:

 

-       Maintain the embankment to the west of the site

-       Locating the BESS away from the most adversely affected areas

-       Batteries will be raised 300mm off the ground

-       Batteries can be immersed in water up to 1m for 30 minutes

 

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.

 

10.Prior to the proposal hereby permitted being brought in to use, the security fence indicated on the following drawings shall be erected and retained for the entirety of the developments lifetime:

 

-       General Arrangement Plan, Drawing No. UG_2453_LAN_GA_DRW_01 Rev P03

-       Hard Landscape Plan 1/2, Drawing No. UG_2453_LAN_HL_DRW_04 Rev P03

-       Hard Landscape Plan 2/2, Drawing No. UG_2453_LAN_HL_DRW_05 Rev P03

 

Reason: In the interest of reducing noise pollution and in accordance with Policies 2, 3 and 30 of the South East Lincolnshire Local Plan, 2019.

 

11.Prior to the installation of any lighting, a lighting plan shall be submitted to and approved in writing by the Local Planning authority, setting out brightness, light spill and timings. The development shall be undertaken in accordance with approved details thereafter.

 

Reason: In the interest of protecting amenity and limiting light spill in the open countryside in accordance with Policy 30 of the South East Lincolnshire Local Plan 2019.

 

12.The development hereby permitted shall be undertaken in accordance with the Construction Traffic Management Plan [Produced by ‘Motion, Dated 18.11.2024]. The development shall be carried out in accordance with the CTMP as a whole but also in accordance with the following mitigation measures:

 

-       Construction routes using the Private Haul Road from the A52 which leads to Ing Drove, Cowbridge Road, Bicker Drove and Vicarage Drove

-       Delivery booking system

-       Signage to the site

-       Wheel cleaning

-       Other mitigation measures as set out in the CTMP

 

Reason: In the interests of highways safety and in accordance with Policies 2, 3 and 31 of the Local Plan (2019).

 

13.Prior to commencement of any part of the development hereby permitted, the condition of the parts of the public highway affected by the proposal (namely Vicarage Drove, Bicker Drove, Cowbridge Road and Ing Drove) shall be recorded by written notes, still and moving photographic images during an inspection that shall be undertaken by the Applicant’s 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 construction of the permitted development and shall be reinstated to no less than the standard of their pre-commencement condition following completion of the construction

 

Reason: In the interests of safety and convenience to other road users and in accordance with Section 59 of the Highways Act 1980.

 

14.Notwithstanding the approved construction routes hereby approved, under no circumstances shall construction vehicles utilise any route through Bicker Village.

 

Reason: To ensure the provision of safe and adequate access to the development in accordance with Policy 2 and 3 of the South East Lincolnshire Local Plan 2019.

 

15.Notwithstanding the Construction Traffic Management Plan, during construction of the development hereby permitted, no machinery shall be operated, no processes shall be carried out and no deliveries shall be taken at or dispatched from the site outside the hours of 08:00-18:00 Monday to Friday and Saturday 08:00-13:00 or at any time on Sundays, Bank or Public Holidays.

 

Reason: In the interests of the amenity of local residents in accordance with Policies 2, 3 and 30 of the South East Lincolnshire Local Plan, 2019

 

16.No development shall take place until a written scheme of archaeological investigation has been submitted to and approved by the Local Planning Authority. This scheme should include the following:

 

1.     An assessment of significance and proposed mitigation strategy (i.e. preservation by record, preservation in situ or a mix of these elements).

2.     A methodology and timetable of site investigation and recording including trial trenching

3.     Provision for site analysis

4.     Provision for publication and dissemination of analysis and records

5.     Provision for archive deposition

6.     Nomination of a competent person/organisation to undertake the work

 

The scheme of archaeological investigation must only be undertaken in accordance with the

approved details.

 

Reason: In the interest of protecting heritage assets and features of archaeological interest, in accordance with Policy 29 of the South East Lincolnshire Local Plan (2019).

 

17.No development shall take place until a staged programme of archaeological evaluation and

mitigation shall be undertaken within the site by a Registered Organisation of the Chartered Institute for Archaeologists in accordance with the approved Written Scheme of Investigation (C16).

 

Should significant archaeological remains be encountered during the trial trenching then their preservation in situ will be secured through the designation of further archaeological sensitive areas and extending the ‘no dig’ methodologies that are set out by Conditions 16 and 17 to include these areas.

 

The programme of work shall include all processing, research and analysis necessary to produce an accessible and useable archive and a full report for publication which shall be submitted to the Local Planning Authority in consultation with their archaeological advisors.

 

Reason: In the interest of protecting heritage assets and features of archaeological interest, in accordance with Policy 29 of the South East Lincolnshire Local Plan (2019).

 

18.A report of the archaeologist’s findings (as outcomes from Condition 16-17) shall be submitted to the Local Planning Authority and the Historic Environment Record Officer at Lincolnshire County Council within 3 months of the works hereby given consent being commenced unless otherwise agreed in writing by the Local Planning Authority; and the condition shall not be discharged until the archive of all archaeological work undertaken hitherto has been deposited with the County Museum Service, or another public depository willing to receive it.

 

Reason: In the interest of protecting heritage assets and features of archaeological interest, in accordance with Policy 29 of the South East Lincolnshire Local Plan (2019).

 

19.The development hereby permitted shall be undertaken in accordance with the Ecological Appraisal (Dated October 2024) and mitigation measures. Should any protected species be found during the development work shall cease immediately and details of protection measures shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure the protection of protected species during the development, in accordance with Policy 28 of the South East Lincolnshire Local Plan 2019.

 

20.Notwithstanding the Ecological Appraisal, there shall be no clearance of vegetation between April and July unless an Ecological Watching Brief has been submitted to and approved in writing by the Local Planning Authority. Such a watching brief will be maintained during the main bird breeding season by a suitably qualified ecologist to ensure that no nesting birds are adversely affected. This will entail surveying the site for breeding activity (nest building/nestling feeding activity), and pinpointing nest locations if breeding activity is present. A 30m buffer will then be established around each nest wherein vegetation removal or construction activities will not be permitted until fledglings have left the immediate area of the nest.

 

Reason: To ensure the protection of protected species during the development, in accordance with Policy 28 of the South East Lincolnshire Local Plan 2019.

 

21.Notwithstanding the Ecological Appraisal, a water vole specific habitat plan is required prior to the commencement of development. The plan shall include details on:

 

-       specific habitat provisions for them including creating grassy/rank vegetation buffer strips along all the ditches on site (e.g., 4-6 m wide).

-       The management of these areas with cutting in late summer (e.g., late Sept), every 3-5 years on rotation to prevent trees and dense shrubs establishing and overshading the ditches

-       The ditch vegetation should be cut (late summer) on a two-year rotation (or longer) leaving alternate sides uncut each year, but also leaving gaps of 10-20 m as untouched refuge areas on the cut side.

-       Vegetation/spoil should be removed from the water’s edge to prevent smothering of bankside vegetation and burrow entrances getting blocked

 

The details as approved shall be implemented and retained as approved.

 

Reason: To ensure the protection of protected species during the development, in accordance with Policy 28 of the South East Lincolnshire Local Plan 2019.

 

22.Notwithstanding the approved plans the soft landscaping for the site shall be carried out in accordance with the following plans:

 

-       Soft Landscape Plan 1/2, Drawing No. UG_2453_LAN_SL_DRW_02 Rev P03

-       Soft Landscape Plan 2/2, Drawing No. UG_2453_LAN_SL_DRW_03 Rev P03

 

All trees, shrubs and bushes shall be maintained for the period of five 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 visual amenity and character in accordance with Policies 2 and 3 of the South East Lincolnshire Local Plan 2019.

 

23.Prior to any vegetation clearance (defined as the deliberate removal of any semi-natural vegetative habitat e.g., grassland, trees, and native shrubs) or any works on the proposed development (whichever comes first), a written 30-year Habitat Management and Maintenance Plan (HMMP) for the Site in question shall be submitted to and approved in writing by the LPA. The approved HMMP shall be strictly adhered to and implemented in full for its duration and shall contain:

 

A)    Aims, objectives and targets for management, including habitat target conditions matching the associated Biodiversity Metric submitted with the application.

B)    Descriptions of the management operations necessary to achieving aims and objectives.

C)   Preparation of a works schedule, including timescales for habitat clearance and habitat creation and/or enhancement.

D)   Details of monitoring needed to measure the effectiveness of management.

E)    Details of the persons responsible for the implementation and monitoring.

F)    Mechanisms of adaptive management and remedial measures to account for changes in the work schedule to achieve required targets.

G)   Reporting on years 1, 2, 5, 10, 20 and 30’.

 

Reason: In the interest of habitat management and in accordance with the requirements of Biodiversity Net Gain.