Agenda item

That the Borough Council supports the GRANT OF PLANNING PERMISSION, subject to the applicant entering into a Section 106 Agreement with the Borough Council for a financial contribution towards off-site biodiversity mitigation and compensation works and subject to the following amended conditions:

 

Conditions

 

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

 

2.         The development hereby permitted shall be constructed in accordance with the following approved plans and documents: Juwi Rack (4020 1069-69.2), Technical Details 2 (4020 1069-69.2), Technical Details - Substation 2 (4020 1069-69.2), Technical Details 4 - Station (4020 1069-69.2) and Technical Details - Substation (4020 1069-69.2), deposited on 21st November 2012; Site Location Plan (RG-M-02 Rev E), Overall Module Layout (4020 1069-10.00) and Spring Lane Proposed Junction Layout (0435-GA-01D Rev D), received on 7th June 2013; Technical Details 1 (4020 1069-69.2), received on 23rd July 2013; and the Extended Phase I Habitat Survey, including Desk Study, (SLR Ref: 424-04114-00003), June 2013 Rev 01, received on 28th June 2013.

 

3.         Before development is commenced there shall be submitted to and approved in writing by the Borough Council detailed construction and engineering drawings showing any proposed changes to existing levels and contours across the site in excess of 1 metre.  The development shall be constructed in accordance with the approved drawings and the finished levels and contours shall be retained without further alteration for the lifetime of the development.

 

4.         Before development is commenced there shall be submitted to and approved in writing by the Borough Council details of the materials to be used in the construction of the proposed temporary construction access and HGV turning area.  The temporary construction access and HGV turning area shall be provided in accordance with the approved details prior to work commencing on the installation of the solar arrays, sub-stations, cable trenches or fencing and shall be retained until the development hereby approved is first brought into use.

 

5.         Before development is commenced there shall be submitted to and approved in writing by the Borough Council, details of a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development.  The scheme shall subsequently be implemented in accordance with the approved details before the development is completed and shall be retained for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.  The scheme to be submitted shall demonstrate the utilisation of holding sustainable drainage techniques; the limitation of surface water run-off to equivalent greenfield rates; the ability to accommodate surface water run-off on-site up to the critical 1 in 100 year event plus an appropriate allowance for climate change, based upon the submission of drainage calculations; and responsibility for the future maintenance of drainage features.

 

6.         Unless otherwise agreed by the Borough Council, development must not commence until the following has been complied with: (a) Site Characterisation- An assessment of the nature and extent of any potential contamination has been submitted to and approved in writing by the Borough Council.  This assessment must be undertaken by a competent person, and shall assess any contamination on the site, whether or not it originates on the site.  Moreover, it must include; a survey of the extent, scale and nature of contamination and; an assessment of the potential risks to: human health, property, adjoining land, controlled waters, ecological systems, archaeological sites and ancient monuments. If the site characterisation assessment indicates that contamination is likely to be present a Remediation Scheme shall be submitted to and approved in writing by the Borough Council. (b) Submission of Remediation Scheme - Where required, a detailed remediation scheme (to bring the site to a condition suitable for the intended use by removing unacceptable risks to critical receptors) should be submitted to and approved in writing by the Borough Council. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, an appraisal of remedial options, and proposal of the preferred option(s), and a timetable of works and site management procedures.

 

7.         In the event that remediation is required to render the development suitable for use, the agreed remediation scheme shall be implemented in accordance with the approved timetable of works under condition 6 above.  Prior to occupation of any building(s) a Verification Report (that demonstrates the effectiveness of the remediation carried out) must be submitted and approved in writing by the Borough Council.

 

8.         Before development is commenced there shall be submitted to and approved in writing by the Borough Council, details of the number and location of the proposed CCTV cameras.  The CCTV cameras shall be provided in accordance with the approved details before the development is first brought into use and shall be retained for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.

 

9.         No vegetation clearance or ground works shall be undertaken until the site has been walked by an ecologist, and any refugia which could be used by amphibians have been subject to hand searches. If any amphibians are found to be present, details of any proposed mitigation measures shall be submitted to and approved in writing by the Borough Council. The mitigation measures shall be implemented in accordance with the approved details before development commences.

 

10.       No vegetation clearance or ground works shall be undertaken on site during the bird nesting season (which runs from 1st March to 31st August inclusive in any given year), unless otherwise approved following a pre-commencement survey of the site by an appropriately qualified ecologist and the submission of any proposed mitigation measures, as per the third paragraph of section 5.2.2 of the Extended Phase I Habitat Survey, including Desk Study, (SLR Ref: 424-04114-00003), June 2013 Rev 01. The outcome of the survey and details of any proposed mitigation measures shall be submitted to and approved in writing by the Borough Council before the development commences. The mitigation measures shall be implemented in accordance with the approved details before development commences.

 

11.       No part of the development hereby permitted shall take place until the access arrangement, as shown for indicative purposes only on drawing no: 0435-GA-01D Revision D, has been constructed in accordance with construction details to be first submitted to and approved in writing by the Borough Council.

 

12.      No part of the development hereby permitted, with the exception of the access road and Heavy Goods Vehicle's turning facility, as shown for indicative purposes only on drawing no. 0435-GA-01D Revision D, shall take place until the access road and Heavy Goods Vehicle’s turning facility have been surfaced in a hard bound material (not loose gravel) in accordance with details to be first submitted to and approved in writing by the Borough Council.  The access road and turning facility shall be retained in accordance with the approved details for the construction phase of the development hereby permitted, unless otherwise prior agreed in writing by the Borough Council.               

                                                                                           

13.      No part of the development hereby permitted shall take place until such time as a lorry routing agreement is in place, as shown for indicative purposes only on WSP consultant's Delivery Routing Plan (Figure 7) and in accordance with an associated signage scheme to be first submitted and approved in writing by the Borough Council.The lorry routing agreement and associated signage scheme shall be operated and retained in accordance with the approved details for the construction phase of the development hereby permitted, unless otherwise prior agreed in writing by the Borough Council.

 

14.       Before the development hereby permitted is first brought into use, three nest boxes (2 for barn owl, 1 for kestrel) shall be erected as per the first paragraph of section 5.2.2 of the Extended Phase I Habitat Survey, including Desk Study, (SLR Ref: 424-04114-00003), June 2013 Rev 01.

 

15.       Before the development hereby permitted is first brought into use, three reptile hibernaculae/basking mounds shall be created, as per section 5.2.3 of the Extended Phase I Habitat Survey, including Desk Study, (SLR Ref: 424-04114-00003), June 2013 Rev 01.

 

16.       The boundary fence, as shown on Technical Details 2 drawing, shall be constructed so as to leave a small gap at the base of the fence to allow access for mammals, as per section 5.2.5 of the Extended Phase I Habitat Survey, including Desk Study, (SLR Ref: 424-04114-00003), June 2013 Rev 01.

 

17.       The existing trees to be retained shall be protected in accordance with the details specified within Chapter 5 and Appendix B of the fpcr Arboricultural Assessment, October 2012, which shall be implemented prior to the commencement of development and shall remain in situ until the development has been completed.

 

18.       Before the development hereby approved is first brought into use, visibility splays shall be provided at the site entrance in accordance with the details shown on drawing no: 47064093/VSR01 Rev A.  The area within the visibility splays shall thereafter be kept free of all obstructions, structures or erections exceeding 0.90 metres in height.

 

19.       Before the development hereby permitted is first brought into use, the proposed sub-station adjacent to the western boundary shall have a rendered finish applied to all elevations and shall be painted dark green. The render and painted finish shall be retained for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.

 

20.       Within three months of the development hereby permitted first being brought into use, there shall be submitted to and approved in writing by the Borough Council a Habitat Management Plan, detailing works to enhance the retained grassland beneath the solar arrays, including a sensitive mowing regime, the re-seeding of disturbed areas, and the over-seeding of the whole compound site with a wildflower seed mix to raise its botanical diversity (further details of which, including species mixes, should be submitted within the Habitat Management Plan).  The Habitat Management Plan shall be complied with and implemented as approved and shall thereafter be maintained or retained for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council. 

 

21.       Within 6 months of the development hereby permitted being first brought into use, the temporary construction access and HGV turning area shall be removed and this part of the site restored in accordance with details which shall be submitted to and approved in writing by the Borough Council prior to the development hereby approved being first brought into use.

 

22.       Post-construction monitoring of birds shall be undertaken, as per the final paragraph of section 5.2.2 of the Extended Phase I Habitat Survey, including Desk Study, (SLR Ref: 424-04114-00003), June 2013 Rev 01. The annual reports shall be submitted to the Borough Council, the Nottinghamshire County Council, the Nottinghamshire Wildlife Trust and the Gedling Conservation Trust.

 

23.       The proposed Solar Farm and associated works hereby permitted shall be dismantled and removed from the site within 6 months at the end of 25 years from it first being brought into use or in the event of it becoming non-operational, whichever is the sooner, and the site re-instated and returned to its original condition, unless otherwise prior approved in writing by the Borough Council.

 

Reasons

 

1.         In order to comply with Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2.         For the avoidance of doubt.

 

3.         To ensure the details of the development are satisfactory, in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2008).

 

4.         To ensure the details of the development are satisfactory, in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2008).

 

5.         To prevent the increased risk of flooding; to improve and protect water quality; to improve habitat and amenity; and to ensure the future maintenance of the sustainable drainage structures in accordance with the National Planning Policy Framework, Policies ENV1 and ENV40 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2008) and Policy 1 of the Gedling Borough Aligned Core Strategy Submitted Documents, February 2013.

 

6.         To ensure a satisfactory development in accordance with the aims of Policy ENV3 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2008).

 

7.         To ensure a satisfactory development in accordance with the aims of Policy ENV3 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2008).

 

8.         To ensure a satisfactory development in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2008).

 

9.         To minimise any potential impacts on biodiversity in accordance with the National Planning Policy Framework and Policy 17 of the Gedling Borough Aligned Core Strategy Submitted Documents, February 2013.

 

10.       To minimise any potential impacts on biodiversity in accordance with the National Planning Policy Framework and Policy 17 of the Gedling Borough Aligned Core Strategy Submitted Documents, February 2013.

 

11.       In the interests of highway safety.

 

12.       In the interests of highway safety.

 

13.       In the interests of highway safety.

 

14.       To enhance biodiversity in accordance with the National Planning Policy Framework and Policy 17 of the Gedling Borough Aligned Core Strategy Submitted Documents, February 2013.

 

15.       To enhance biodiversity in accordance with the National Planning Policy Framework and Policy 17 of the Gedling Borough Aligned Core Strategy Submitted Documents, February 2013.

 

16.       In the interests of biodiversity, in accordance with the National Planning Policy Framework and Policy 17 of the Gedling Borough Aligned Core Strategy Submitted Documents, February 2013.

 

17.       To ensure that the trees to be retained as part of the development are protected during the construction of the development.

 

18.       In the interests of highway safety in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2008).

 

19.       To ensure a satisfactory development in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2008).

 

20.       To enhance biodiversity in accordance with the National Planning Policy Framework and Policy 17 of the Gedling Borough Aligned Core Strategy Submitted Documents, February 2013.

 

21.       In the interests of visual amenity in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2008).

 

22.       In the interests of biodiversity, in accordance with the National Planning Policy Framework and Policy 17 of the Gedling Borough Aligned Core Strategy Submitted Documents, February 2013.

 

23.       In the interests of visual amenity in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2008).

 

Reasons for Decision

 

The proposed development of this site for the generation of renewable energy is acceptable and whilst it would have a detrimental impact on ecology, appropriate mitigation and compensation works are proposed.  The proposed development would not give rise to any undue impacts on the local landscape, the proposed Gedling Country Park, trees, residential amenity or highway safety. The proposed development would comply with Policies ENV1, ENV5, ENV44, R1 and T10 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2008) and, apart from those relating to landscape and tree planting, which are outweighed by other material considerations, accords with the aims of Sections 7, 10 and 11 of the National Planning Policy Framework and emerging Policies 1, 10 and 16 of the Gedling Borough Aligned Core Strategy Submission Documents.

 

Notes to Applicant

 

Your attention is drawn to the attached comments from the Borough Councils Public Protection Section, the Nottinghamshire Wildlife Trust, the Environment Agency and Nottinghamshire County Council with regard to Highways and Ecology.

 

The Borough Council's Parks and Street Care Section advise that access rights will need to be determined before the proposed development commences.

 

The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to The Coal Authority on 0845 762   6848. Further information is also available on The Coal Authority website at www.coal.decc.gov.uk.Property specific summary information on past, current and future coal mining activity can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com.

 

Planning Statement - The Borough Council has worked positively and proactively with the applicant in accordance with paragraphs 186 to 187 of the National Planning Policy Framework.