Agenda item

Major – Full Planning Permission

 

Proposed development of a battery energy saving storage system and associated infrastructure.

 

Land to the South-East of Vicarage Drove, Bicker Bar, Boston

 

Proposed development of a battery energy storage system and associated infrastructure

 

Land to the south east of Vicarage Drove, Bicker Bar, Boston  

 

Vicarage Drove BESS Limited

 

It is recorded that Councillor Cantwell returned to the public gallery for consideration of this and subsequent applications.

 

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 Battery Energy Storage System applications to ensure transparency on all the applications.  Furthermore, the application had also received two third party objections, a Ward Members objection and objection from the Parish Council.

 

The site was a parcel of land that measured approximately 4.16 hectares and was situated to the Southeast of Bicker Fen Substation. The site comprised of rough grassland bounded by hedgerows, ditches and intermittent trees and it was agricultural in its nature.   Access to the site was located off Vicarage Drove to the north west of the field subject to the application.  Vicarage Drove was a single-track road, but it had clear visibility. The road led North/North-east to Bicker Drove which was connected to Cowbridge Road. The roads were similar in their nature. They were narrow and uneven but the visibility along them was clear. There had been some passing places introduced through various schemes.

 

The site sat within the countryside with Bicker village located approximately 2.5km to the West. Approximately 2.5km to the South was the A52 and approximately 4km Northeast the A17. The site was located within Flood zone 3. There was no public right of way that crossed the site, and it was not covered by any statutory or local landscape designation, nature conservation or cultural heritage designations.

 

Planning permission was sought for the erection of a Battery Energy Storage System (BESS). The BESS would include transformer/inverter units, a switchgear building, control building, marshalling kiosk and a water tank. There would also be an attenuation pond to the north of the site. The site would be secluded by a 4m high security/acoustic fence.

 

The site had been subject to previous planning applications including the erection of 13 external transformers associated with wind turbines: a proposed development of a Photovoltaic Solar Array Grid Connection and construction of electricity substations.

 

Representations had included comments by residents who voiced concern at the gross overdevelopment of the site; the single-track road to be used which had no pavement and the impact and destruction it would result in.

The existing site currently comprised of good quality agricultural land (Grade 2 in the Agricultural land Classification). Criterion 4 of Policy 31 in the Local Plan refers to agricultural land take. Para 187 of the NPPF made specific reference to good quality agricultural land. However, Para 168 specifically stated that the developer did not need to demonstrate the need for renewable or low carbon energy and significant weight should be given to their provision.  The loss of agricultural land was a key theme in the objection comments. Taking that into account it was accepted that there would be a loss to some of the agricultural land, however the development did not cover the whole of the site, with the remaining grassland being enhanced through the planting of further grassland seeds as recommended by the Ecological Appraisal. Furthermore, it was considered reasonable to attach a condition that the site be restored to its previous state after 40 years. The combination of that ensured that the site was sympathetic to the value of the land and had incorporated measures to reduce its impact.

 

Representation was received from Mr Mark Couzens in support of the application, which included:

 

Members were advised that the development was vital for the landowner’s agriculture business and for the wider energy needs of the region. The proposed site was currently used for cattle grazing and had not been used for crop production for over 100 years owing to its lower grade agricultural land classification, compared to the rest of the farm.  6 acres of the land would be used for the project with the remaining 4 acres being used for grazing which would connect to the larger grazing pasture.  The project would have a minimal impact of the agricultural operations and not compromise any of the food production.  Farming had become increasingly challenging and as such to ensure long term sustainability, diversification was essential. The project would focus on enhancing local biodiversity which would include a drainage pond to provide habitat for amphibians, birds and insects.  It was also the intent to improve hedgerows surrounding the site by planting native species and by managing them in a sustainable manner.

 

There were no questions for Mr Couzens from the Committee.

 

Representation was received from Mr Ally Gill on behalf of the applicant which included:

 

Committee were advised that the application was an experienced renewable energy developer having delivered over 50 renewable energy projects. The application was critical to the national infrastructure in delivering the local and national climate change strategy, and in the decarbonisation of the grid which would ultimately seek to achieve net zero and lower consumer energy bills.  Farming would continue on the unused area of the field and net gain in biodiversity would enhance the area through hedgerows, grasslands and the wider eco system. The construction traffic management plan had been amended to enable traffic to be routed by the two private roads with only a small proportion of abnormal loads being routed by Cowbridge road. The site was a critical piece of infrastructure in the Country’s future energy system by facilitating the roll out of renewables and decarbonisation of the grid, making a significant contribution to the region’s current under supply and energy storage.

 

Questions tabled by the committee in respect of the representation included:

 

Responding to questions in respect of fire safety, Mr Gill noted that there would be an attenuation pond and water storage tanks on the site with 250,000 litres of water being provided which met the national recommendation to ensure access to water on the site.  Lighting on the site would be triggered by sensors during the hours of darkness.

 

Responding to the representation received the Senior Planning Officer advised that lighting on the site was covered by condition 11. 

 

Committee deliberation followed which included the following:

 

Members were assured that there would be no loss of agricultural land for food production and that the traffic management plan had been re-worked in response to residents’ concerns.

 

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 Location Plan, Drawing No. 3593-01-01 Rev B

-       Statutory Plan, Drawing No. 3593-01-02 Rev B

-       General Arrangement, Drawing No. 3593-01-03

-       Battery Storage Container, Drawing No. 3593-01-05

-       Inverter/ Transformer Unit, Drawing No. 3593-01-06

-       Switchgear Building, Drawing No. 3593-01-07

-       Control Building, Drawing No. 3593-01-08

-       Main Transformer, Drawing No. 3593-01-09

-       Auxiliary Transformer, Drawing No. 3593-01-10

-       NER, Drawing No. 3593-01-11

-       TX Marshalling Kiosk, Drawing No. 3593-01-12

-       Fencing and Security, Drawing No. 3593-01-13

-       Cable Trench Details, Drawing No. 3593-01-14

-       Illustrative Landscape Design, Drawing No. 3593-01-15

-       Water Tank Plan and Elevation, Drawing No. 3593-01-16

-       Swept Path Analysis, Drawing No. 3593-01-ATR01

-       Construction Traffic Management Plan, Drawing No. 3593-01-CTMP01e

-       Landscape and Visual Appraisal, Dated August 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 to 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 operational 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 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 in Section 14 of the National Planning Policy Framework 2024.

 

6.     Prior to the commencement of the development hereby permitted passing places shall be provided on Double Twelves Drove and the widening of part of the highway in accordance 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 access to the development in accordance with Policy 2 and 3 of the South East Lincolnshire Local Plan 2019.

 

7.     Prior to the start of works relating to the cable route, 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) [completed by ‘KRS enviro’, dated: August 2024] and the following mitigation measures shall be implemented:

 

Finished floor levels of the buildings and critical equipment will be 1m above existing ground level

In the event of a flood the site will be shut down and isolated from the power grid

External doors and windows are constructed from hard wearing material

Inclusion of a Flood Plan as well as a Flood warning and Evacuation Plan

 

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 acoustic/security fence indicated on the ‘General Arrangement’ (Drawing No. 3593-01-03) and the ‘Fencing and Security’ (Drawing No. 3593-01-13) documents, shall be erected and retained for the entirety of the developments lifetime.

 

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.

 

12.The development hereby permitted shall be undertaken in accordance with the Construction Traffic Management Plan [Produced by ‘Axis’, Dated January 2025]. 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 Tritton Knoll Haul Route which includes Double Twelves Drove, Bicker Drove and Vicarage Drove

-       Large HGVs only will use the Private Haul Road from the A52 which leads to Ing Drove, Cowbridge Road, Bicker Drove and Vicarage Drove

-       On site parking will be contained to the north of the site with the exception of construction vehicles

-       The phasing of construction as stated in section 6.0 of 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, Ing Drove and Doubletwelves 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 08:00-13:00or 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 and mitigation measures produced by ‘Rachel Hacking Ecology’, Dated July 2024. 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.The scheme of landscaping and tree planting shown on dwg. no. 3593-01-15 ‘Illustrative Landscape Design’ shall be carried out and completed in its entirety during the first planting season following completion of the development. 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.

 

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