Agenda item

Erection of 2no. battery storage facilities, with 1no. facility of 40no. battery storage units within the existing Osbaldwick substation area and 1no. facility of 4no. battery storage units on land to the east of the sub-station, with ancillary structures and infrastructure, associated vehicle accesses, including new access track, and enclosed by 3 metre high palisade security fencing, 3.5 metre high acoustic barrier, and with 5.1 metre high lighting and CCTV columns. [Osbaldwick and Derwent Ward]

Members considered a major full application by Mr Strakosias for the erection of 2no. battery storage facilities, with 1no. facility of 40no. battery storage units within the existing Osbaldwick substation area and 1no. facility of 4no. battery storage units on land to the east of the sub-station, with ancillary structures and infrastructure, associated vehicle accesses, including new access track, and enclosed by 3 metre high palisade security fencing, 3.5 metre high acoustic barrier, and with 5.1 metre high lighting and CCTV columns.

The Development Manager gave a presentation on the plans for the battery storage facilities and provided the committee with an update to the officer report noting the consultation response from Osbaldwick Parish Council and the following changes to the conditions:

·       Condition 6 was deleted.

·       Additional landscaping condition:

The development shall not be used for energy storage purposes until there has been submitted and approved in writing by the Local Planning Authority a detailed landscaping scheme for the 7MW battery energy storage system which shall illustrate the number, species, height and position of trees and shrubs. This scheme shall be implemented within a period of six months of the completion of the development. Any trees or plants which die, are removed or become seriously damaged or diseased within the lifespan of the development shall be replaced in the next planting season with others of a similar size and species, unless alternatives are agreed in writing by the Local Planning Authority.

Reason:  So that the Local Planning Authority may be satisfied with the variety, suitability and disposition of species within the site in the interests of the character and appearance of the area.

The section of the report outlining the special circumstances for building on the greenbelt was identified for Members. 

Public Speaker

Louise Leyland, the agent for the applicant, spoke in support of the application.  She highlighted the applicant’s experience with this type of development and noted the limited impact on the green belt. She reported that the applicant owns all the land and noted that the benefits of providing resilience to the UK grid.

In response to questions from Members she explained that the storage units had not yet been procured and that white was best for keeping units cool.  The agent agreed that the landscaping could be implemented earlier and noted that it had already commenced.  She reported that the tree belt was not within the applicant’s site.

Officers advised that, in relation to the tree belt, a planning condition could not be imposed on a third party and that any undertaking would be a private property matter carrying no weight.  The shelter belt was longstanding and there were no grounds for Members to defer the application based on ownership of the tree belt.

Members considered the conditions relating to the colour of the units, the landscaping condition and lighting and during debate they proposed to include a condition relating to the colour (matt dark green) of the units for the small site and request that details be submitted to officers for approval for the additional units on the larger site. They proposed an amendment to the wording of the landscaping for it to start within six months of the commencement of the project rather than the conclusion and finally, they proposed to include a condition on the lighting scheme at the site.

In addition, the Chair agreed to request, on behalf of the committee, an area Tree Preservation Order (TPO) on the shelter belt in question.

The Chair proposed the officer recommendation subject to the update and conditions outlined above and this was seconded by Cllr Melly.  On being put to a vote, Members voted unanimously in favour and it was:

Resolved:              That the application be approved subject to the update and additional conditions relating to the colour and finish of the containers, the lighting scheme and the amendment to the landscaping condition as outlined above.

Reason:                The battery storage facilities will provide electricity directly to National Grid to help balance the UK’s energy supply through harnessing energy and releasing it as required to ensure the frequency of National Grid is maintained at 50Hz. Supporting sustainable renewable energy generation and associated infrastructure is a key principle in planning policy and significant weight has therefore been given to the principle of the development.

The smaller BESS facility is within the Green Belt. While it is concluded that the BESS is inappropriate development in the Green Belt by definition, very special circumstances are considered to apply as there is a demonstrable unmet need for the type of development which needs to be sited in a location where an available connection into the National Grid exists. The development will support renewable energy infrastructure which will contribute to the need to reduce carbon emissions and tackle climate change. This is given significant weight in the planning balance as per paragraph 168 of the NPPF. The considerations set out paragraphs 5.38 to 5.40 clearly outweigh the harm to the Green Belt and other identified harms. Consequently, very special circumstances exist to justify the inappropriate development in the Green Belt.

The visual and landscape impact of the two BESS facilities together is not considered to result in minor harm. There is general compliance with policies D1 and D2 of the CYC Local Plan.

There are no significant impacts on public protection, ecological or archaeological grounds, subject to conditions. As such, the proposals are considered to be in accordance with relevant sections of the NPPF; particularly section 14 on climate change and section 15 on conserving and enhancing the natural environment. It is also found to be in accordance with policies DP2 Sustainable development and CC1 on renewable energy of the City of York Local Plan.