Agenda item

Vary and remove conditions on planning permission C15/0662/09/LL 

 

LOCAL MEMBER: Councillor John Pughe

 

Link to relevant background documents

DECISION: To approve with conditions

 

1.            The development hereby permitted shall be carried out in strict conformity with the details shown on the plan(s) numbered 1137/28, 1137/30-03, 1137/24, 1137/30-1, 1137/02B, 1137/05, 1137/07 V2, 1137/23/1137/25-2, 1137/29 submitted to the Local Planning Authority, and contained in the form of application and in any other documents accompanying such application unless condition(s) to amend them is/are included on this planning decision notice.

2.            The land should cease to be used for the purposes of generating electricity as hereby approved within 35 years or earlier from the date of energy production from the solar panels, or within 6 months of ceasing the use of any solar panels for electricity generating purposes (unless they are replaced within that period), whichever is the earliest, and this should be done in accordance with a work plan already submitted and agreed in writing by the Local Planning Authority and this will include an implementation programme.  The work plan is undertaken in accordance with the details agreed and these will include -

1.    Method statement for decommissioning and dismantling all equipment on the site;

2.    The details of any items that will be left on the site;

3.    A method statement in order to restore the land to agricultural land;

4.    Timetables for the decommissioning, disposal and restoration of the land;

5.    A method statement for the disposal / appropriate recycling of equipment / idle structures;

6.    Provision to review the plan as needed.

 

3.            The Biosecurity Risk Assessment dated 9 December 2015 must be implemented throughout the lifespan of the development, unless otherwise agreed in writing with the Local Planning Authority.

4.            If it is intended to install a lighting system on the site at any time, there will be a need to submit and agree in writing with the Local Planning Authority details of the said lighting system, showing the type, exact location, lighting level and method of safeguarding from pollution or light overpsill.  The lighting system must be installed in accordance with the details agreed.

5.            The development must be implemented in full accordance with the Landscape and Ecological Management Plan (v5) dated 10 March 2021, Skylark Monitoring Report ref S_MSF_V4 dated 9 March 2021, and the Landscaping Plan number 1137/29 throughout the lifespan of the development, unless otherwise agreed in writing with the Local Planning Authority.

6.            No operational development will be permitted to take place during any work associated with this permission within 3 metres on either side to the centre line of the supply pipes that cross the site.

7.            The development must be implemented in full compliance with the Construction Plan Method Statement and Risk Assessment by Corylus dated December 2015 in order to protect the structural condition of the two supply pipes crossing the site.  It is not permitted to carry out any further development associated with this permission until the safeguarding measures are implemented and completed.

 

Amend and remove conditions on planning permission C15/0662/09/LL

a)    It was highlighted by the Planning Manager that this was an application to amend and remove conditions on a solar farm in Tywyn.  It was noted that permission had been implemented and the farm was in place, but it was proposed to amend conditions to reflect more recent planning applications.

 

It was explained that the proposal related mainly to amending the skylark mitigation strategy that had been agreed under condition 14 of application C15/0662/09/LL. It was noted it had been agreed as part of the condition to earmark a field to the north of the solar site for skylarks, however as part of the application in question, the developer wished to improve conditions within the site for the benefit of the skylark, instead of using the noted field.

 

The application was submitted to committee as the site was greater than 0.5 hectares.

 

It was reported that as the application related to the removal of conditions imposed for valid planning reasons, it had to be considered whether the conditions in question were still relevant under national guidance in relation to planning conditions that had been included in the Welsh Government Circular 016/2014: The Use of Planning Conditions for Development Management.  The circular listed six tests for the validity of planning conditions, and it was necessary to consider whether the conditions were in line with the following tests:

• They were necessary.

• They were relevant to planning.

• They were relevant to the development which was to be permitted.

• They were enforceable.

• They were precise.

• That they were reasonable in all other aspects.

 

It was highlighted there was no reason for amending some of the original conditions, but the developer was required to continue to comply with them. A request had been made to remove condition 13: Submit and agree on the details of a lighting system for the site with the Local Planning Authority. As part of application C15/1368/09/AC, it was noted that it was not proposed to install any lighting as part of the development and with the work of developing the solar farm now complete, it was highlighted that no lighting had been installed on the site.  However, should lighting be required on the site in the future, then not all types of lighting required planning permission. It was considered that the installation of lights could have a potential impact on visual amenities and on local residents, along with biodiversity and therefore it was considered that it would be appropriate to amend the condition instead of removing it.   It was suggested that a condition could be imposed, which noted that if it was intended to install a lighting system on the site of the solar farm, then those details must be submitted to and agreed upon with the Local Planning Authority. This would retain control over any potential lighting that could be installed on the site and it was considered that such a condition would be reasonable. 

 

The main consideration of the application was condition 14 Before commencing the work there was a need to submit and agree on a landscaping and planting plan with the Local Planning Authority. It was explained that as part of application C15/1468/09/AC, a Landscape and Ecology Management Plan had been submitted and agreed to along with a landscaping plan which included a proposal to earmark a field to the north of the solar farm as a hay meadow for skylarks, to plant gorse and willow and to manage the land within the solar farm for sheep grazing. The main intention of the current application was to amend this condition and introduce a Landscape and Ecology Management Plan and a landscaping plan which removed the northern field from being a meadow for skylarks. It was noted, as part of the existing application that a Landscape and Ecology Management Plan, landscaping plan as well as a Skylark Monitoring Report had been submitted. 

 

Attention was drawn that the Skylark Monitoring Report noted a high density of skylarks had been identified during the surveys and that the solar farm had not displaced the skylarks as originally thought and that the numbers were much higher than the national average. As a result, it was recommended in the Skylark Monitoring Report that the site of the solar farm itself was specifically managed to support breeding skylarks in the future, instead of providing the northern field for this purpose and therefore proposing to improve conditions within the solar farm to promote breeding by skylarks within the solar farm itself.

 

Reference was made to the Biodiversity Unit's observations which objected to the proposal and wanted the northern field to continue as a mitigation measure for the skylark. However, so far no plans had been agreed to safeguard the grassland within the solar farm in the interests of the skylark. Therefore, it was considered reasonable to put measures in place to manage the grassland within the area of the solar farm and this would be a sufficient mitigation measure since the construction of the solar farm had not had a negative impact on the skylark as was initially thought possible when the original application for establishing the solar farm was under consideration. It was suggested that a condition be imposed to comply with the Landscape and Ecology Management Plan (v5), the Skylark Monitoring Report and the Landscaping Plan across the lifespan of the development that the proposal would not have a detrimental impact on the skylark's habitat and that the proposal was acceptable in terms of Policy AMG 5 of the LDP.

 

It was noted that conditions 2, 4, 9, 13, 14, 16 and 17 could be amended and conditions 1, 3, 5, 6, 7, 8, 10, 11, 12, 15 may be removed which had been imposed with permission C15/0662/09/LL.

 

b)    The Chair noted that the Local Member had apologised for his absence from the Committee and wished to note that he had no objection to the application.

 

c)    Taking advantage of the right to speak, the applicant’s agent noted the following observations:

·         That the report was detailed

·         That the application included improving the management of the skylark's site

·         That an appropriate nesting site had been included

·         There was evidence of nesting and rearing within the solar site

·         It was proposed to manage grazing and mowing times to protect the site in an acceptable manner

·         The site offered a better location and opportunity for birds

·         That the solar farm offered an alternative habitat to the birds.

 

ch) It was proposed and seconded to approve the application in accordance with the recommendation

 

d)  During the ensuing discussion, the following observations were made by  Members:

·         That the solar farm had created an area for the skylarks

·         That the solar farm offered an economic benefit

 

dd) In response to a question regarding condition 5 which referred to 'the lifespan of the development' the Planning Manager noted that it was regular practice to permit temporary approval for solar farms to be able to manage and reassess the site in future.

 

The officers were thanked for the work and the detailed report.

 

RESOLVED: To approve the application in accordance with the following conditions

1.    The development hereby permitted shall be carried out in strict conformity with the details shown on the plan(s) numbered 1137/28, 1137/30-03, 1137/24, 1137/30-1, 1137/02B, 1137/05, 1137/07 V2, 1137/23/1137/25-2, 1137/29 submitted to the Local Planning Authority, and contained in the form of application and in any other documents accompanying such application unless condition(s) to amend them is/are included on this planning decision notice.

2.    The land should cease to be used for the purposes of generating electricity as hereby approved within 35 years or earlier from the date of energy production from the solar panels, or within 6 months of ceasing the use of any solar panels for electricity generating purposes (unless they are replaced within that period), whichever is the earliest, and this should be done in accordance with a work plan already submitted and agreed in writing by the Local Planning Authority and this will include an implementation programme.  The work plan is undertaken in accordance with the details agreed and these will include -

a)    Method statement for decommissioning and dismantling all equipment on the site.

b)    The details of any items that will be left on the site;

c)    A method statement in order to restore the land to agricultural land.

d)    Timetables for the decommissioning, disposal and restoration of the land.

e)    A method statement for the disposal / appropriate recycling of equipment / idle structures.

f)     Provision to review the plan as needed.

3.    The Biosecurity Risk Assessment dated 9 December 2015 must be implemented throughout the lifespan of the development, unless otherwise agreed in writing with the Local Planning Authority.

4.    If it is intended to install a lighting system on the site at any time, there will be a need to submit and agree in writing with the Local Planning Authority details of the said lighting system, showing the type, exact location, lighting level and method of safeguarding from pollution or light overpsill.  The lighting system must be installed in accordance with the details agreed.

5.    The development must be implemented in full accordance with the Landscape and Ecological Management Plan (v5) dated 10 March 2021, Skylark Monitoring Report ref S_MSF_V4 dated 9 March 2021, and the Landscaping Plan number 1137/29 throughout the lifespan of the development, unless otherwise agreed in writing with the Local Planning Authority.

6.    No operational development will be permitted to take place during any work associated with this permission within 3 metres on either side to the centre line of the supply pipes that cross the site.

7.    The development must be implemented in full compliance with the Construction Plan Method Statement and Risk Assessment by Corylus dated December 2015 in order to protect the structural condition of the two supply pipes crossing the site.  It is not permitted to carry out any further development associated with this permission until the safeguarding measures are implemented and completed.