Agenda item

Major – Full Planning Permission

 

Temporary planning permission for a period of 40 years for the erection of an Energy Storage System (ESS) with associated infrastructure, site levelling works, site access, landscaping and ancillary works.

 

Land North of Bicker Drove, Bicker Bar, Boston PE20 3BQ

Temporary planning permission for a period of 40 years for the erection of an Energy Storage System (ESS), with associated infrastructure, site levelling works, site access, landscaping and ancillary works            

         

Land North of Bicker Drove, Boston PE20 3BQ

                             

Net Zero Twenty-Two Limited            

 

The Senior Planning Officer presented the report and confirmed that the application has 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. The application had also received two third party objections and an objection from the Parish Council.

 

The site to which the application related was an agricultural parcel of land that was approximately 6.25 hectares in size. The site was located North of Bicker Drove and was North-east of the Bicker Fen Sub Station.

 

The site which was roughly square in shape had a drain adjacent to the Western boundary and a drain through the centre of the site. On the Eastern side of the site there was an electricity pylon with cables running from the substation to the north-east.   The site was located on Bicker Drove, which was a single-track road although there was some evidence of passing places along the road. The highway had good visibility although the bend, that was immediately south of the site, that linked Bicker Drove to Vicarage Drove had reduced views. The site formed part of the wider agricultural setting which comprised of flat arable land with ditches and drains serving the fields. To the Southwest was a Substation which was central to other renewable energy developments including solar and wind farms.  The site was located within flood zone 3. There were no public rights 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 for a 40-year time period was sought for the erection of a battery Energy Storage System (BESS), together with associated infrastructure and landscaping. The scheme would be located within the drains on the site, leaving the Eastern half clear. An attenuation pond was proposed to the north and a new access was also proposed.

 

The site at the time of submission of the report did not have an access, the proposed access was located just north of the bridge that was immediately south of the site. The bridge was referred to as ‘Ash Holt Bridge’.

 

The planning history on the site was extensive and had included the erection of 13 wind turbines, development of a battery energy storage system and construction of electricity substations.

 

Objections from third parties had included the site being a waste of top-grade agricultural land, concerns in respect of access and egress from the site and concerns at the over development of the site.

 

Statutory consultees had commented, and their concerns had been mitigated by conditions. Lincolnshire Fire and Rescue had provided extensive comments on the application, their first having related to access but that had been covered under Building Regulations, and that a pump appliance should be provided.   They had further requested that there be a water supply with the potential need for fire hydrants to be carried out with them.  Specific to the BESS the Fire and Rescue team had also requested a risk reduction strategy in line with building regulations.

 

National and local policies were considered and the Senior Planning Officer pointed out that this was a supported type of development and the applicant did not have to justify the need for this application and the principle of development was supported. Therefore, when determining this application, it was about how they had mitigated its impact on the surrounding area and reduced the impact of the development in its countryside location.

 

Consideration was given to the construction route for this application. At the time of the original officer report, the transport route did not make use of either of the private haul roads. Subsequently, highways objected to the report. Amendments to the condition were therefore proposed that required a new construction route prior to the commencement of development. The Senior Planning Office pointed out that the other two applications had demonstrated that this could be achieved and it was his view that this could be achieved under this application. The condition would also include matters about inspecting the highways and improvements in any that are necessary.

In addition, highway raised concerned about the weight load of Ash Holt bridge. This has since been cleared and they have no objections to any of the construction vehicles using this.

 

Representation was received from Mr Patrick Banham in support of the application which included:

 

Confirming he was a co-owner of the farm on the land where the facility would be sited, Mr Banham stated that the proposed application would secure the future of the farm, and that the installation would only take you 5% of the 90 acres that the farm was situated on.  Members were advised that the area had been subject to significant changes with the installation of wind turbines, substations and solar farms.

 

No questions were tabled of Mr Banham.

 

Representation was received from Mr Tony Hill on behalf of the applicant which included:

 

Mr Hill confirmed that the facility would be temporary, and the equipment involved was mountable and the works reversible, so once the term had ended the site would be fully restored to its existing use.  The development site would be screened by existing and proposed trees and hedgerows, with the equipment also being coloured to ensure that it would blend into the landscape with the site delivering a biodiversity net gain in excess of the 10% required.  Negotiations were ongoing with the landowners in respect of the road to be used for construction, with the recommended condition for construction traffic routing having been agreed.  The site would comply with all national guidance and Lincolnshire Fire and Rescue had been consulted and raised no objection.

 

It was confirmed that one of the haul roads would be used for construction and his company was progressing negotiations with the landowners to secure this and they had also accepted the recommended condition regarding construction traffic routing. In terms of fire safety, the proposed development would comply with the National Fire Chief Council guidance and Lincolnshire Fire and Rescue Service were consulted and raised no objection to the development.

 

There were no questions for Mr Hill.

 

Committee deliberation followed which included:

 

The Senior Planning Officer clarified the access route to the site.  Amendments to conditions 12 and 13 would be made which would be phrased via a construction management plan in a way that would be submitted prior to any commencement. 

 

The risk of radiation had been considered but was covered outside of the realm of planning and would be subject to other regulations that the site would have to accord with.

 

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:

 

-       Landscape and Visual Impact Assessment – Addendum

-       Landscape & Visual Impact Assessment Part 1 of 3

-       Landscape & Visual Impact Assessment Part 2 of 3

-       Landscape & Visual Impact Assessment Part 3 of 3

-       2402050-ACE-WD-00-DR-C-0031 Rev A Site Access Tracking

-       FST021- FS-01 Rev 02 Bicker Drove ESS Fire Strategy Plan

-       FST021- PL-01 Rev 06 Bicker Drove ESS Proposed Site Layout Plan (Overall)

-       FST021- PL-02 Rev 06 Bicker Drove ESS Proposed Site Layout Plan

-       FST021- SD-01 Rev 02 Standard Drawing: 132kV Substation (Plan)

-       FST021- SD-02 Rev 02 Standard Drawing: 132kV Substation (Section)

-       FST021- SD-03 Rev 02 Standard Drawing: Aux Transformer

-       FST021- SD-04 Standard Drawing: 40ft Customer Switchgear

-       FST021- SD-05 Rev 02 Standard Drawing: 40ft Spare Parts Container

-       FST021- SD-06 Rev 02 Standard Drawing: 40ft Welfare Container

-       FST021- SD-07 Rev 03 Standard Drawing: ESS Unit

-       FST021- SD-08 Rev 03 Standard Drawing: ESS Interface Unit

-       FST021- SD-09 Standard Drawing: MV Skid/TX

-       FST021- SD-10 Rev 02 Standard Drawing: PCSK Inverter

-       FST021- SD-11 Rev 02 Standard Drawing: 240,000 Water Tank

-       FST021- SD-12 Rev 02 Standard Drawing: Water Hydrant

-       FST021- SD-13 Rev 02 Standard Drawing: Security Fence and Gate

-       FST021- SD-14 Rev 02 Standard Drawing: Access Track

-       FST021- SD-15 Rev 02 Standard Drawing: DCO Control Room

-       FST021- SD-16 Rev 01 Standard Drawing: CCTV Camera and Pole

-       FST021- SP-01 Rev 03 Bicker Drove ESS Site Location Plan

-       NZFL/0010 Figure 15 Illustrative Landscape Masterplan

-       2402050-ACE-XX-00-RP-C-0601 Noise Assessment

-       2402050-0101A Construction Traffic Management Plan

-       Flood Risk Assessment

-       784-B066619 Archaeological & Heritage Desk-Based Assessment Dated Sept 2024

-       Planning, Design & Access Statement

-       Outline Energy Storage Safety Management Plan Dated September 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 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).

 

7.     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.

 

8.     The development hereby permitted shall be undertaken in accordance with the Flood Risk Assessment [Ardent, Net Zero Twenty Two Limited].

 

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.

 

9.     Notwithstanding the approved Flood Risk Assessment, prior to commencement of development, details of flood protection measures, including the floor levels of the buildings,  critical equipment raised above flood level and a flood warning and evacuation plan shall be submitted to and approved in writing by the Local Planning Authority

 

The mitigation measures shall be fully implemented prior to the development being brought into use and subsequently remain in place for the lifetime of the development.

 

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 Illustrative Landscape Masterplan (NZFL/0010 Figure 15), Proposed Site Layout Plan (FST021- PL-02 Rev 06) and Proposed Site Layout Plan (Overall) (FST021- PL-01 Rev 06), 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 in accordance with Policy 2 and 3 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 ‘Ardent Consulting Engineers, Dated October 2024]. The development shall be carried out in accordance with the CTMP as a whole but also in accordance with the following:

 

-       Construction routes using the Fendyke Lane, Back Lane, Longhedge Drove and Bicker drove before on to the site.

 

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 Fendyke Lane, Back Lane, Longhedge Drove and Bicker 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 and mitigation measures produced by ‘Tetra Tech’, dated September 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 the following drawings:

 

-       FST021- PL-01 Rev 06 Bicker Drove ESS Proposed Site Layout Plan (Overall)

-       FST021- PL-02 Rev 06 Bicker Drove ESS Proposed Site Layout Plan

-       NZFL/0010 Figure 15 Illustrative Landscape Masterplan

 

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

 

It is recorded that the meeting adjourned for a comfort break at this part in the proceedings.

 

Councillor Anne Dorrian absented from the meeting at this part in the proceedings in accordance with her declaration of interest in the subsequent item of business and did not return to the meeting for any remaining items of business.

 

Councillor Lina Savickiene absented from the meeting at this part in the proceedings and did not return for any remaining items of business.