Agenda item

Installation of a solar photovoltaic array with associated infrastructure including transformer, security fencing, pole mounted CCTV, temporary construction access and compound [Wheldrake Ward]

Members considered a major full application from Ameet Juttla for the installation of a solar photovoltaic array with associated infrastructure including transformer, security fencing, pole mounted CCTV, temporary construction access and compound.

The Development Manager gave a presentation on the application. The Senior Planning Officer gave an update on the application noting a further consultation response from the Ouse and Derwent Internal Drainage Board (IBD), amendments to paragraphs 5.60 and 5.86, amendment to the recommendation and amendment to condition 10.

Public Speakers

Ryo Kikuchi spoke in support on behalf of the applicant. He explained the compliance of the development with policies of the Local Plan as well as the NPPF. He explained that the renewable energy generated would be used by Yorkshire Water at the water treatment works. He noted that the applicant had worked with officers and the local community. He added that the scheme would provide biodiversity net gain and that residents were in support of the development. He was asked and explained that all power generated would go to Yorkshire Water.

Officers were asked and confirmed there had been no response on the application from Elvington Parish Council and the Civil Aviation Authority. Following debate, Cllr Ben Burton proposed the officer recommendation to delegate authority to the Head of Planning and Development Services to approve the application subject to the referral of the application to the Secretary of State,

the completion of a Section 106 Agreement to secure a monitoring contribution of £3,300, to secure the planning obligations regarding on-site Biodiversity Net Gain, finalise the S106 agreement and amendment to condition 10. This was seconded by Cllr Fenton. Following a unanimous vote in favour it was:

Resolved:

i. That delegated authority be given to the Head of Planning and Development Services to APPROVE the application subject to:

a) The referral of the application to the Secretary of State under the Town and Country Planning (Consultation) (England) Direction 2021, and subject to the application not being called-in by the Secretary of State for their own determination:

b) The completion of a Section 106 Agreement to secure a monitoring contribution of £3,300 to secure the following planning obligations:

·        On-site Biodiversity Net Gain – to secure a monitoring contribution in respect of biodiversity net gain monitoring where a development will deliver some biodiversity net gain on-site and the maintenance and monitoring of any biodiversity is secured by a condition imposed on the development.

ii. The Head of Planning and Development Services be given delegated authority to finalise the terms and details of the Section 106 Agreement.

iii. The Head of Planning and Development Services be given delegated authority to determine the final detail of the following planning conditions listed in the published report and following amendment to condition 10: A programme of post-determination archaeological evaluation is required.

Reasons:

1.   This application, with an Environmental Statement relates to the development of solar photovoltaic array to generate 3200 Kilowatts (KW) (3.2 Megawatt (MW) and be used to power the operations of the Elvington WWTW.

2.   The site is located within the general extent of the Green Belt. In the overall balancing exercise, substantial weight should be given to the harm to the Green Belt. the benefits of the generation of significant amount of renewable energy is considered to clearly outweigh the harm to the Green Belt.  These therefore amount to very special circumstances necessary to justify the inappropriate development in the Green Belt.  The proposals are therefore found to accord with Green Belt policy in the NPPF.  

3.   The visual effects of the development and impact on landscape character is set to improve from a minor-moderate adverse effect in year 1 to negligible beneficial at year 15 depending on the rate of establishment and continue to lessen overtime due to retention of key hedgerows and trees and additional landscape planting around the perimeter of the site.  There would be minimal impact of the development when viewed from neighbouring residential properties, given the arable landscape and landscape features and the existing WWTW as a major developed industrial site, in the background, and overall distances would result in the solar panels forming a relatively thin visual strip. 

4.   On-site habitat enhancements for BNG would be achieved and this would be secured via condition (habitat management and monitoring plan) and a S106 (to secure the monitoring requirements).  The applicant will be advised of their requirements to secure the onsite habitat enhancements for 30years through the Biodiversity Gain Plan via an informative. Additionally, despite the close proximity of the site to statutory nature conservation sites of international and national importance, there are no concerns in respect to significant impacts arising from the proposed development, specifically during the operation phases.  Conditions are recommended to ensure that the ecological habitats are protected during de-commissioning, when the requirements of BNG remain a requirement.