Date of Meeting: 10 December 2015

APPLICATION NO: 15/1289/FUL

DATE OF APPLICATION: 24 July 2015

STATUTORY START DATE: 3 September 2015

SITE LOCATION

Land Rear Of Household Waste Recycling Centre,Cranborne Road,Potters

Bar,Hertfordshire,EN6 3JN

DEVELOPMENT

The installation of a solar farm containing up to 20,000 solar panels mounted on

fixed frame systems and other ancillary infrastructure such as inverters, access

roads, internal transmission lines, deer fencing and compound and maintenance

area.

AGENT APPLICANT

Mr Jonathan Hall 14 Quay Level Newcastle Upon Tyne Tyne And Wear NE2 3NT

Mr Jonathan Hall 14 Quay Level St Peters Basin St Peters Warf Newcastle Upon Tyne Tyne Adn Wear NE6 1TZ

WARD: Potters Bar Furzefield

GREEN BELT: Yes

CONSERVATION AREA: No LISTED BUILDING : No TREE PRES. ORDER: No

1.0 Summary of Recommendation

Grant Permission

2.0 Application site / Surrounding area

2.1 The site is located to the north of Cranbourne Road Industrial Estate, to

east of Swanland Road (and the A1 motorway) and to the west of the

East Coast Main Line. It is approximately 1km north east of Potters Bar

and approximately 1km south west of the village of Brookmans Park.

2.2 The land surrounding the site is a combination of farmland, woodlands,

recreational sports areas/pavilion to the north and north-west, industrial

buildings/waste depot to the south, and the main east coast railway line

to the east. Warrengate Farm and Warrengate bungalows are

approximately 700m away to the west. The nearest residential areas are

located on Hawkshead Lane - more than 350m away from the northern

portion of the site, and also along Cranborne Road in Potters Bar -

approximately 450m away from the southern portion of the site.

2.3 The site currently comprises agricultural land supporting arable crops

and is approximately 8.93ha in size. The site is an irregular shape with

two distinct elements to the north and south and is undulating in level,

sloping gently towards the west. A run of overhead power lines with

posts dissects the eastern portion of the site.

2.4 The submitted plans indicate that vehicle access is provided from one of

two points; either from the west of the site from a local road and farm

track accessed from Swanland Road; or from Cranborne Road to the

south of the site.

The site is situated within the Green Belt and a portion of the site falls

within National Flood Zone 2 and 3.

2.5 The site does not include any national designation for landscape,

heritage or ecological reason.

3.0 Proposal

3.1 The applicant seeks permission for the installation of a solar farm

containing up to 20,000 solar panels mounted on fixed frame systems

with an approximate height of 2.5-2.8m and other ancillary infrastructure

such as inverters, access roads, internal transmission lines, deer fencing

and compound and maintenance area.

3.2 The development seeks “temporary” permission for the use of the solar

farm for a period of 30 years and six months.

3.3 The development would have a maximum installed capacity of 5.0MW

capable of generating 4,600 Megawatt hours per year (MWh/y) of

electricity – which is enough to supply the equivalent of up to 1,930 UK

households and off set 2,200 tonnes of carbon dioxide equivalent per

year.

Key Characteristics

Site Area 101,000 square metres

Density N/A

Mix N/A

Dimensions See Plans

Numbers of Car Parking Spaces None

4.0 Relevant Planning History:

Reference number Description Outcome and date

15/1260/EI1 Request for screening opinion (Environmental Impact Assessment)

Under review

5.0 Notifications / Site Notices

5.1 Site notice, letters of notification were sent to neighbouring properties and

press notice was published.

In Support Against Comments Neighbours Notified

Contributors Received

1 2 0 104 3

Site Notice (Generic) - posted 17th September 2015

Press Notice (Potters Bar Press) - published 24th September 2015

In summary, the objection received is summarised as follows:

It is not clear where the construction access will be for the project. Will it

solely be via the farm access road by the leisure centre or will there be any

access on the footpath at the eastern end of the development adjacent to the

railway.

The fence on the footpath (at the eastern end) has been the subject of regular

incursions during our time here and is not secure. Is part of the application to

install an appropriate level of security fencing to protect the installation?

An objection from Campaign to Protect Rural England (CPRE) is summarised as

follows:

Concern is raised that the development will impact the landscape character

and quality, when viewed from publically accessible vantage points and

surroundings of settlements. There are a number of well used rights of ways

in close proximity to the site and the site is clearly visible around its perimeter.

Concern is raised that the introduction of hedging around the site would harm

the openness of the countryside.

Concern is raised that the development does not ensure that the site will

continue to be classified as agricultural land so its agricultural status is

sustained after decommissioning. There is confusion in the documentation

provided. It is indicated that the site will enable a wildflower meadow, whilst

other documents indicate that sheep will be grazed on the land, around the

panels.

Concern that the scheme forms an inappropriate development within the

green belt.

A letter of support received is summaries as follows:

Sensible use of land. We need more green energy so there are synergies

between using green belt for green energy.

6.0 Consultations

South Mimms Parish Council Consulted: 16 September 2015

Comments: I am writing on behalf of South Mimms Parish Council to object to planning application 15/1289/FUL on the grounds of inappropriate development. The proposals are harmful to the openness and visual amenity and are in conflict with the character of the landscape and wider countryside. In addition, the proposals are contrary to the government planning policy guidance. Advice obtained from the Department of Energy and Climate Change states that eh emphasis for growth of solar energy should be away from large solar farms by instead be focused on the UK’s estimated 250,000 hectares of south-facing commercial rooftops, domestic roof space and previously used land. (Received: 9 October 2015)

Potters Bar Society Consulted: 16 September 2015

Comments: The application was discussed at the meeting of the Town Group on 1st October. The members felt that the need to demonstrate “Exceptional Circumstances” for this development in the Green Belt had not been achieved by the developer and therefore this incursion should be resisted.

There was a feeling that 30 years was far too long and by the end of that period it would then become “brownfield” and developable land. (Received: 9 October 2015)

Drainage Services Consulted: 16 September 2015

Comments: Recommend Condition CG02 – Drainage Impact Study (Received: 7 October 2015)

Waste Management Services Consulted: 16 September 2015

Comments: In summary: Waste Management Services object to the use of the depot yard in Cranbourne Industrial Estate as a point of egress to the site. Permission has not been granted for access to site through this access point. The site is currently used to store bins and material, all which are valuable. The top gate, which is the proposed point of access, is permanently locked to maintain security. The site also houses concrete A-frames which may in the future be used as recycling bays. The future of the site is unknown; however, if the depot were to be used for another use the Council would require the use of the access point. (Received: 23 September 2015)

Environmental Health & Licensing Consulted: 16 September 2015

Comments: Environmental Health has reviewed the documents submitted against environmental law. The development site is situated in an industrial area away from domestic properties and therefore the risk from noise nuisance is considered minimal. The development site is located in an area which is considered low risk with regards to land contamination. Therefore environmental health raised no objection to this application. However the site is located in a zone 1 source protection zone which is an area sensitive to groundwater. Therefore the environment agency must be consulted on this planning application.

(Received 12 October 2015)

Highways HCC Consulted: 16 September 2015

Comments: In summary: The Design and Access Statement (5.5.2 Access Route to Site) states that the main access route would be from Swanland Road. This is confimed by the red line site plan (Drawing number 12268/002) Insufficient information has been received with regard to how the site will be accessed. The following further information should be supplied

A clear, detailed and dimensioned site layout showing the access/ accesses from Cranborne Industrial Estate and Swanland road.

A site plan showing details of lorry wheel washing arrangements

Details of the construction vehicles routing, during the installation

In view of the above I am unable to provide the Highway Authority’s comments and therefore I recommend that the application be refused. (Received: 12 October 2015)

Highways Agency (Highways England) Consulted: 16 September 2015

Comments: Thank you for your correspondence dated 16 September 2015. Highways England has been appointed by the Secretary of State for Transport as Strategic Highway Company under the provisions of the Infrastructure Act 2015 and is the Highway Authority, Traffic Authority and Street Authority for the Strategic Road Network (SRN). The SRN is a critical national asset and as such Highways England works to ensure that it operates and is managed in the public interest, both in respect of current activities and needs as well as in providing effective stewardship of its long term operation and integrity. Highways England will be concerned with proposals that have the potential to impact on the safe and efficient operation of the strategic road network (SRN) in this case the A1(M)/M25 motorway. On this occasion, we are content that the above proposals will have no adverse

impact on the SRN and do not offer any objections. (Received: 30 October 2015)

Environment Agency Consulted: 16 September 2015

Comments: Thank you for consulting us on the above application. Having reviewed the application documents we have no comments to make on the propose development. In April 2015, the responsibility for surface water flood risk on sites over a hectare transferred to Lead Local Flood Authorities. Therefore they will no need to be consulted on managing the surface water drainage from this proposal. (Received 18 September 2015)

The Hertfordshire Environmental Records Centre Consulted: 16 September 2015

Comments: The creation of species rich wildflower meadow and new hedgerow planting in conjunction with this development is welcomed. In order to maximise the ecological benefits of the scheme the following species mixes are recommended in accordance with the Hertfordshire Ecological Networks Mapping prescription for the area. Wildflower grassland approximating National Vegetation Classification community U1. The closest available mix in terms of species composition is Emorsgate Seeds EM7A. Ten species of hedgerow shrub should be selected to form the hedge. e.g. Prunus spinosa, Crataegus monogyna, Malus sylvestris, Corylus avellana, Acer campestris, Ulmus glabra, Euonymous europaeus, Rhamnus catharticus, Carpinus betulus, Ligustrum vulgare. Establishment and management regimes should be provided before the development commences and secured by condition. A suitable condition can be obtained from the British Standard on Biodiversity in the planning process BS 42020:2013: No development shall take place (including ground works or site clearance) until a method statement for the creation and maintenance of species rich acid grassland and species rich native hedgerow has been submitted to and approved in writing by the local planning authority. The content of the method statement shall include the:

a) purpose and objectives for the proposed works; b) detailed design(s) and/or working method(s)

necessary to achieve stated objectives (including, species and species mixes to be used); c) extent and location of proposed works shown on appropriate scale maps and plans; d) timetable for implementation, demonstrating that works are aligned with the proposed phasing of construction; e) persons responsible for implementing the works; f) initial aftercare and long-term maintenance (where relevant); g) disposal of any wastes arising from works.

The works shall be carried out strictly in accordance with the approved details [ insert time limit where appropriate, e.g. first planting season after the approval of the method statement ] and shall be retained in that manner thereafter. Reason: To ensure net ecological gain from the development in accordance with NPPF. (Received: 25 September 2015)

Natural England Consultation Service Consulted: 16 September 2015

Comments: Statutory natural conservation sites – no objection Natural England has assessed this application used the Impact Risk Zones data (IRZs) and is satisfied that the proposed development being carried out in strict accordance with the details of the application, as submitted, will not damage or destroy the interest features for which Castle Lime Works Quarry; and Water End Swallow Holes SSSI have been notified. We therefore advise your authority that these SSSI’s do not represent a constraint in determining this application. Protected Species We have not assessed this application and associated documents for impacts on protected species. You should apply our Standing Advice to this application as it is a material consideration in the determination of application in same way as any individual response received from Natural England following consultation. The Standing Advice should not be treated as giving any indication or providing any assurance in respect of European Protected Species (EPS) that the proposed development is unlikely to affect eh EPS present on the site; nor should it be interpreted as meaning that Natural England has reached any views as to whether a licence is

needed (which is the developers responsibility) or may be granted. Informatives provided (Received: 18 September 2015)

HCC - Rights Of Way Countryside Access Officer Consulted: 16 September 2015

Comments: Potters Bar Public Footpaths 8, 15 and 16 Thank you for consulting me on this proposed Solar Farm application. To minimise the impact of this development on Potters Bar Public Footpath 8 (which is a very well used commuter route), we would ask that the security fence is set a few metres back from the current field boundary fence and the boundary scrub vegetation here is not removed. I believe the proposed access route to the site is along Potters Bar Public footpath 15 and 16, which are also well used routes and form part of the Hertfordshire Way. Therefore we would ask that the proposed access trackway is kept separate from the public footpaths and a clear unsurfaced width of at least 3m near to the stream is left for the footpaths. (Received: 1 October 2015)

Hertfordshire County Council - Environmental Resource Planning (Lead Local Flood Authority)

Comments: In response to the letters sent by Wardell Armstrong submitted by the applicant in response to our letter dated 28th September 2015 we can confirm we are in a position to remove our objection on flood risk grounds. The applicant has provided sufficient detail to demonstrate that the construction of a solar farm will not significantly alter the existing drainage mechanism of the site. Informative to the LPA The site will continue to drain as a greenfield site only if there is grass cover between the aisles of the solar farm all year round during the lifetime of the development. Therefore, we recommend the LPA to condition a maintenance plan that ensures that there will be an appropriate grass cover on the site during the lifetime of the development. During the construction phase, the drainage characteristics of the site will change. Therefore, we recommend the LPA

include a condition regarding the drainage of the site during the construction phase. Additionally, we recommend the LPA to include another condition in order to ensure that any impacts on the soil caused during the construction of the solar farm are mitigated. If the site was not to be maintained properly and construction soil disturbances were not to be mitigated, the drainage mechanism of the site would significantly differ from the greenfield situation. Given the location of the site, this would create additional pressures in the drainage of the motorway A1 (M), as was firstly mentioned in the letter dated 28th of September, 2015. (Received: 26 November 2015)

NATS Consulted: 16 September 2015

Comments: The proposed development has been examined form a technical safeguarding aspect and does not conflict with our safeguarding criteria. Accordingly, NATS (en route) Public Limited Company has no safeguarding objection to the proposal. (Received: 17 September 2015)

Thames Water Planning Department Consulted: 16 September 2015

Comments: The application does not affect Thames Water and as such we have no comments to make (Received 17 September 2015)

Hertfordshire Ecology Consulted: 16 September 2015

Comments: The proposed development comprises the erection of up to 20,000 solar panels on arable land within a mixed agricultural, industrial and recreational landscape. Whilst we do not hold any ecological records specific to the application site, it does lie in close proximity to the Furzefield Wood and Lower Halfpenny Bottom Local Nature Reserve (and its component Local Wildlife Sites (LWS)), and adjacent to the LWS of Spring Wood, Pilvage Wood and the Hedgerow and Scrub North of Cranborne Road. The Ecosites of ‘Small wood below Pilridge Wood’ and Copse north-east of Pilvage Wood’ also lie adjacent. Further LWS are found in the wider landscape. Together, these support a range of semi-natural grassland and woodland habitats along with their associated fauna

(including a naturally notable invertebrate). Elsewhere, there are occasional records of bats, birds and other groups across the site and general landscape. The applicants ecological report supports this description and suggest there will be no adverse effects on any of these features if simple safeguards are added to working practices; rather modes enhancement measures are then put forward to achieve some ecological gain. Surprisingly. Potential benefits have not been identified; for example, the loss of arable farming can be expected to also remove the threat of harmful pesticide drift onto the adjacent LWS. In broad terms, their conclusions are reasonable although I do not believe that sufficient safeguards have been incorporated into their proposal to provide confidence that adverse effects on the adjacent LWS will be avoided and that ecological gain will be achieved. Potential adverse impacts from the proposed development are likely to be limited to on-site effects caused by vehicles and construction and include pollution, compaction, and disturbance. So, whilst biodiversity in the wider landscape will be unaffected, edge effects on adjacent LWS and Ecosites cannot be ruled out. Similarly, the proposed enhancement measures are unambitious (seemingly comprising hedgerows planting) and insufficient detail is provided on how this can be achieved and maintained. However, the adoption of the following conditions and Informatives as part of any consent will be sufficient to ensure that both essential safeguards and ecological gain are secured and avoid an objection. Recommended Conditions:

“Site preparation measures should be detailed in a Construction Environmental Management Plan (CEMP) which should be submitted to and agreed by the LPA”. – It would be expected that this comprise of measures would ensure an adequate buffer was retained between adjacent woodland / LWS and both the access road and earthworks.

“All works, including construction activities, vehicle movements, material storage and waste, are kept strictly within the curtilage of the proposed development site, and under no circumstances should there be any detrimental physical impact to the nearby woodlands / Local Wildlife Sites, which

would be fenced off from the development site” – it would be expected that this reinforce preparation measures.

“Details of habitat creation and management measures should be detailed within a suitable Method Statement and submitted to and agreed by the LPA” - It would be expected that the Method Statement provide the vision, objectives and targets for site habitat creation and management methodologies. In addition it should identify funding mechanisms and how progress will be monitored and reviewed. Habitat creation and management should complement those features already on site (i.e. and provide buffers between existing semi-natural habitat and the built environment.

Informatives:

The management of trees and shrubs / site clearance should be carried out during the period October to February only; to protect breeding birds, their nests, eggs and young. If this is not possible then the pre-development (same day) search of the area should be made by a suitably experience ecologist for breading birds and their nests. If active nests are found, then clearance work must be delayed until the juvenile birds have left the nest and are fully independent or professional ecological advice taken on how best to proceed.”

“Any external lighting scheme should be designed to minimise light spill, in particular directing light away from the boundary vegetation to ensure dark corridors retain for use by wildlife”

(Received: 23 September 2015)

Network Rail Comments: According to our records, we do not appear to have received formal consultation from yourselves in relation to this development, which is especially disappointing given the sensitive location adjacent to the East Coast Mainline which operates at high speed in this area. Due to the proximity of the site to the railway and given previous problems that have been caused by solar farms similarly located adjacent to the railway infrastructure, we have several requirements which must be met

Asset Protection The developer has independently held discussions with our Asset Protection Team concerning the proposals and should this application be approved, we expect that this dialogue continue both prior to and during the construction stages. Security of Mutual Boundary Security of the railway boundary will need to be maintained at all times. If the works require temporary or permanent alterations to the mutual boundary the applicant must contact Network Rail’s Asset Protection Project Manager. Encroachment The developer/applicant must ensure that their proposal, both during construction, and after completion of works on site, does not affect the safety, operation or integrity of the operational railway, Network Rail and its infrastructure or undermine or damage or adversely affect any railway land and structures. There must be no physical encroachment of the proposal onto Network Rail land, no over-sailing into Network Rail air-space and no encroachment of foundations onto Network Rail land and soil. There must be no physical encroachment of any foundations onto Network Rail land. Any future maintenance must be conducted solely within the applicant’s land ownership. Should the applicant require access to Network Rail land then must seek approval from the Network Rail Asset Protection Team. Any unauthorised access to Network Rail land or air-space is an act of trespass and we would remind the council that this is a criminal offence (s55 British Transport Commission Act 1949). Should the applicant be granted access to Network Rail land then they will be liable for all costs incurred in facilitating the proposal. Trees/Shrubs/Landscaping Whilst the current landscaping proposals do not appear to give cause for concern, should these plans change we would advise the developer as follows: Where trees/shrubs are to be planted adjacent to the railway boundary these shrubs should be positioned at a minimum distance greater than their predicted mature height from the boundary. Certain broad leaf deciduous species should not be planted adjacent to the railway boundary. We would wish to be involved in the approval of any landscaping scheme adjacent to the railway. Where landscaping is proposed as part of an application adjacent to the railway it will be necessary for details of the landscaping to be known and approved to ensure it does not impact upon the railway infrastructure. Any hedge

planted adjacent to Network Rail’s boundary fencing for screening purposes should be so placed that when fully grown it does not damage the fencing or provide a means of scaling it. No hedge should prevent Network Rail from maintaining its boundary fencing. Lists of trees that are permitted and those that are not permitted are provided below and these should be added to any tree planting conditions: Acceptable: Birch (Betula), Crab Apple (Malus Sylvestris), Field Maple (Acer Campestre), Bird Cherry (Prunus Padus), Wild Pear (Pyrs Communis), Fir Trees – Pines (Pinus), Hawthorne (Cretaegus), Mountain Ash – Whitebeams (Sorbus), False Acacia (Robinia), Willow Shrubs (Shrubby Salix), Thuja Plicatat “Zebrina” Not Acceptable: Acer (Acer pseudoplantanus), Aspen – Poplar (Populus), Small-leaved Lime (Tilia Cordata), Sycamore – Norway Maple (Acer), Horse Chestnut (Aesculus Hippocastanum), Sweet Chestnut (Castanea Sativa), Ash (Fraxinus excelsior), Black poplar (Populus nigra var, betulifolia), Lombardy Poplar (Populus nigra var, italica), Large-leaved lime (Tilia platyphyllos), Common line (Tilia x europea) A comprehensive list of permitted tree species is available upon request. Access to Railway All roads, paths or ways providing access to any part of the railway undertaker's land shall be kept open at all times during and after the development. Solar Farms Whilst we would agree that from the Glint and Glare study provided it is unlikely that the development will cause a distraction to train drivers or obscure signalling, it does indicate that this would be possible during certain times of the year at certain times of day. In view of this, we require the following monitoring condition be applied to any approval granted for the scheme; Standard monitoring condition: Within 24 months of the completion and commencement of operations of the development hereby approved (such a date as to be notified to the LPA) in the event of any complaint to the Council from Network Rail relating to

signal sighting safety or driver distraction, upon notification to the LPA, the applicant or operator of the solar farm shall as soon as possible and not later than 28 days, submit for approval to the Council details of a scheme of remedial measures to address the concerns raised with details of a timescale for implementation of the works. The works shall be carried out in accordance with the approved details and timetable. Reason: To ensure safety of the users of the railway. (Received : 13 November 2015)

Welwyn Hatfield Borough Council Consulted: 16 September 2015

No Response received.

Health & Safety Executive Consulted: 16 September 2015

No Response received.

Air Traffic Control - Solar Farms Consulted: 16 September 2015

No Response received.

HCC Spatial Planning And Economy Unit Consulted: 16 September 2015

No Response received.

CPZ - Parking Operations Consulted: 22 September 2015

No Response received.

Asset Management - Parks & Cemeteries Consulted: 16 September 2015

No Response received.

Tree Officer Consulted: 16 September 2015

No Response received.

Building Control Consulted: 16 September 2015

No Response received.

EDF Energy Networks Consulted: 16 September 2015

No Response received.

National Grid Company Plc Consulted: 16 September 2015

No Response received.

Affinity Water Consulted: 16 September 2015

No Response received.

7.0 Policy Designation

Green Belt

National Flood Zone 2 and 3

Landscape Character Area – Potters Bar Parkland Landscape Character Area (on the southern edge of the Mimmshall Valley LCA)

Public Footpath 8, 15 and 16

8.0 Relevant Planning Policies

1 National Planning

Policy Framework

NPPF National Planning Policy Framework

2012

2 Planning Practice

Guidance 2015

PPG Planning Practice Guidance 2015

3 Hertsmere Local

Plan Policies

C1 Green Belt

4 Hertsmere Local

Plan Policies

C4 Development Criteria in the Green Belt

5 Hertsmere Local

Plan Policies

D3 Control of Development Drainage and

Runoff Considerations

6 Hertsmere Local

Plan Policies

E7 Trees and Hedgerows - Protection and

Retention

7 Hertsmere Local

Plan Policies

E8 Trees, Hedgerows and Development

8 Development

Plan Document

Core Strategy

CS12 The Enhancement of the Natural

Environment

9 Development

Plan Document

Core Strategy

CS13 The Green Belt

10 Development

Plan Document

Core Strategy

CS16 Environmental impact of development

11 Development

Plan Document

Core Strategy

CS17 Energy and CO2 Reductions

12 Development

Plan Document

Core Strategy

CS21 Standard charges and other planning

obligations

13

Development

Plan Document

Core Strategy

CS24 Development and accessibility to

services and employment

14 Development

Plan Document

Core Strategy

CS25 Accessibility and parking

15 Site Allocations

Development

Management

SADM11 Biodiversity and Habitats

16 Site Allocations

Development

Management

SADM12 Landscape Character

17 Site Allocations

Development

Management

SADM13 Trees, Landscaping and Development

18 Site Allocations

Development

Management

SADM14 The Water Environment

19 Site Allocations

Development

Management

SADM15 Flood Risk

20 Site Allocations

Development

Management

SADM16 Sustainable Drainage Systems

21 Site Allocations

Development

Management

SADM17 Watercourses

22 Site Allocations

Development

Management

SADM21 Environmental Pollution and

Development

23 Site Allocations

Development

Management

SADM27 Development Standards in the Green

Belt

24 Site Allocations

Development

Management

SADM28 Diversification and Development

supporting Rural Economy

25 Site Allocations

Development

Management

SADM29 Watling Chase Community Forest

26 Site Allocations

Development

Management

SADM31 Design Principles

27 Site Allocations

Development

Management

SADM39 The Road Hierarchy

28 Site Allocations

Development

Management

SADM41 Highway and Access Criteria for New

Development

29 Building

Research

Establishment

BRE BRE Planning guidance for the

development of large scale ground

mounted solar PV systems

Site Allocation and Development Management (SADM) Policies

8.1 Full Council on 8 July 2015 approved the Site Allocation and Development

Management (SADM) Policies for publication and submission to the Secretary

of State for Communities and Local Government for public examination and for

interim use in the determination of all planning applications from the date of its

publication, in accordance with paragraph 216 of the National Planning Policy

Framework. The date of publication is the date on which the Council publishes

its plan in accordance with Regulation 19 of the Town and Country Planning

(Local Planning) (England) Regulations 2012. This is the date when copies of

the submission documents and statements are made available at inspection

points, published on the website and consultees are notified. The date of

publication was July 31st 2015.

8.2 Paragraph 216 of the NPPF states that following the formal publication of a

plan, decision takers may give weight to relevant policies in emerging plans

and so following it publication, the SADM will carry weight in the determination

of planning applications.

The NPPF also states that weight will be given according to:

- the stage of preparation of the emerging plan (the more advanced

the preparation, the greater the weight that may be given);

- the extent to which there are unresolved objections to relevant policies

(the less significant the unresolved objections, the greater the weight

that may be given); and

- the degree of consistency of the relevant policies in the emerging plan

to the policies in this Framework (the closer the policies in the emerging

plan to the policies in the Framework, the greater the weight that may

be given).

8.3 First test (stage of preparation):

A draft of the Plan has previously been issued for public consultation and so

the stage of preparation is considered to be moderately advanced. As such, it

is reasonable to give some weight to policies based on the stage of

preparation.

Following a six week period for representations (ending 14 September 2015) to

be made ahead of the Plan’s submission for public examination, further weight

may be given to the SADM policies although any unresolved objections will

need to be factored in (see second test below).

8.4 Second test (unresolved objections):

The extent to which unresolved objections remain has been carefully

considered and where appropriate relevant consideration has been given to

policies from the adopted 2003 Local Plan and referenced in committee or

delegated reports.

Where objections received have resulted in a change to the SADM Policies

Plan, in line with the representation made, it is reasonable to assume that the

objection is no longer unresolved.

8.5 Third test (consistency with NPPF):

SADM policies are considered to be fully consistent with the NPPF and the

SADM Policies Plan has been prepared within the framework set by the

adopted Core Strategy, a Plan accepted by an Inspector to be NPPF

compliant.

The following policies have weight in the determination of planning applications

and are relevant to this application:

Policy SADM31 – Design principles

Policy SADM41 – Highway and Access Criteria for New Development

9.0 Key Issues

Principle of development

Green Belt – Case for Very Special Circumstances

Site Selection Process

Design and Visual Impact

Residential Amenity

Impact on Heritage

Ecology/ Biodiversity and Habitats

Flood Risk and Drainage

Trees and Landscaping

Impact on Agricultural Land

Highways and Access

Glint and Glare

Community Infrastructure Levy

Equality Act 2010

10.0 Comment

Principle of development

10.1 The National Planning Policy Framework sets out central government

policies in relation to renewable energy developments. One of the core

planning principles of the Framework is to support the transition to a low

carbon future in a changing climate…and encourage the use of renewable

resources (for example, by the development of renewable energy).

10.2 Paragraph 94 advises that Local Planning authorities should adopt proactive

strategies to mitigate and adapt to climate change, in line with the objectives

and provisions of the Climate Change Act 2008. (The Climate Change Act

2008 commits the UK to an 80% reduction in greenhouse gases by 2050

and a 34% reduction by 2020, based on 1990 levels).

10.3 Paragraph 97 of the NPPF states that to help increase the use and supply of

renewable and low carbon energy, local planning authorities should

recognise the responsibility on all communities to contribute to energy

generation from renewable or low carbon sources. They should: -

Have a positive strategy to promote energy from renewable and low carbon sources.

Design their policies to maximise renewable and low carbon energy development while ensuring that adverse impacts are addressed satisfactorily, including cumulative landscape and visual impacts.

Consider identifying suitable areas for renewable and low carbon energy sources, and supporting infrastructure, where this would help secure the development of such sources.

Support community-led initiatives for renewable and low carbon energy, including developments outside such areas being taken forward through neighbourhood planning; and

Identify opportunities where development can draw its energy supply form decentralised, renewable or low carbon energy supply systems and for co-locating potential heat customer and suppliers.

10.4 The application site is an agricultural site within the Green Belt. The relevant

policies for assessing the principle of the proposal are Policy CS13 of the

Core Strategy 2013, Policy C1 of the Local Plan 2003 and Policy SADM 23

of the Site Allocations and Development Management Policies Plan 2015.

These state that there is a presumption against inappropriate development

within the Green Belt and that such development will not be permitted unless

very special circumstances can be demonstrated. Policy CS13 of the Core

Strategy directs that development proposals will be assessed in relation to

the NPPF

10.5 Paragraph 88 of the NPPF states:

“When considering any planning application, local planning authorities

should ensure that substantial weight is given to any harm to the Green

Belt. ‘Very Special Circumstances’ will not exist unless the potential

harm to the Green Belt by reason of inappropriateness, and any other

harm, is clearly outweighed by other considerations”

10.6 The proposed panel arrays would result in a loss of openness as well as a

loss of visual amenity. The proposals are therefore contrary to the NPPF

and Policy C4 of the Local Plan, although significantly the NPPF states at

paragraph 91:

‘When located in the Green Belt, elements of many renewable energy

projects will comprise inappropriate development. In such cases

developers will need to demonstrate ‘very special circumstances’ if

projects are to proceed. Such very special circumstances may include

the wider environmental benefits associated with increased production

of energy from renewable sources.’

Green Belt – Case for Very Special Circumstances

The applicant’s case

What constitutes very special circumstances?

10.7 ‘There is no a comprehensive list of what constitutes a very special

circumstance and therefore there is not a clear itinerary of what is an

appropriate use of green belt land throughout England and Wales

(temporary or otherwise). It is clear that decisions need to be made on a

case by case based having regard to the development plan and other

material considerations, including those very special circumstances which

justify development…’

10.8 In deciding the weight to attach to general approach taken by Inspectors is to

determine whether any individual matter take by itself outweighs the harm

and then secondly to determine whether some of all of the matters in

combination outweigh the harm. A number of factors, none of them “very

special” when considered in isolation, may, when combined together,

amount to very special circumstances.

10.9 The very special circumstances in respect of this planning application are as

follows:

National and local policy support for renewable energy

The diversification of the rural economy

Landscape and visual impacts

Temporary and reversible development

Alternative sites and grid connection constraints

Biodiversity enhancements

National and local policy support for renewable energy

10.10 The need for the UK to increase its installed renewable energy generating

capacity is documented and identified in the National Planning policy

Framework (NPPF). It clearly states that local planning authorities, when

determining planning application, should ‘not require applicants for energy

development to demonstrate the overall need for renewable or low carbon

energy (par 98).

10.11 The proposal would make a sizable contribution to the renewable energy

and low carbon aims and ambitions of Hertsmere and Hertfordshire. This

merits appropriate weight given that the NPPF describes the delivery of

renewable and low carbon energy as central to the economic, social and

environmental dimensions of sustainable development (para 93). The

renewable energy contribution, in itself, would assist in alleviating climate

change and, with regard to Section 38(6) of the Planning Compulsory

Purchase Act 2004, is a material consideration that must be weighed against

the harm that would be caused and any conflict with the development plan.

The significant and demonstrable need for the proposed solar farm should

be considered.

10.12 The UK Government target for 2020 is at least 15% of electricity to be

generated by renewable sources. The Hertfordshire Renewable and Low

Carbon Energy Technical Study July 2010 sought to maximise renewable

and low carbon technologies within Hertfordshire. Given the environmental

constraints of a Borough with 80% of its area within the Green Belt and the

relatively limited scale of individual developments that might otherwise

generate opportunities for reducing carbon emissions… the Solar Farm

would provide a significant contribution to the District meeting the

Government Target.

10.13 The development would be capable of generating 4,600 Megawatt hours per

year, enough to supply the equivalent of up to 1,930 households and off set

2,220 tonnes of carbon dioxide equivalent per year. Based on a comparison

with coal along the minimum potential carbon dioxide saving approximates to

59,540 tonnes over the 30 year life of the proposed development.

10.14 The creation of renewable energy such as that proposed as the solar farm is

considered to be in accordance with Paragraph 97 of the NPPF states that to

help increase the use and supply of renewable and low carbon energy, local

planning authorities should recognise the responsibility on all communities to

contribute to energy generation from renewable or low carbon sources

The diversification of the rural economy

10.15 The development site is an active arable agricultural use, and will continue to

allow the site to be managed for agriculture through sheep grazing. The site

will contribute to agricultural diversification via ongoing investment in the

rural economy. The site is assessed as grade 3b moderate quality

agricultural land, and the sites continued agricultural use aligns with the

objectives of the NPPF, which is to ‘encourage multiple benefits from the use

of land in urban and rural areas, recognising that some open land can

perform many functions’ (para 17). The applicant advises that the

development of a solar farm would provide a greater economic security than

many other forms of agricultural diversification. The financial subsidy would

provide the landowners, Hertsmere Council, with a guaranteed indexed form

of income.

Landscape and visual impacts

10.16 The perceived openness is a fundamental characteristic of the Green Belt,

and the protection of this openness is an important planning consideration.

The proposal would generally be low in height, with solar panels being a

maximum of 2.5-2.8m above ground level. The visual impact of the

development should be considered. Further discussion on visual impact is

provided within the report.

Temporary and reversible development

10.17 The development is proposed to be installed and used for a period of 30

years and six months. During the operational life the solar farm would

provide an ecological setting and encourage biodiversity, and prevent other

forms of change such as built development from occurring at the site. It is

advised that the development would be decommissioned and the site

restored to its previous use. The applicant contends that the development’s

temporary and reversible nature offers protection to the Green Belt. The

temporary nature of solar farms has been confirmed by inspectors in a

number of planning appeal decisions.

Alternative sites and grid connection constraints

10.18 The nearby grid connection represents a significant contributory factor which

should be considered. An alternative search was undertaken which

considered the availability and suitability of alternative sites within the vicinity

of Potters Bar. Commercial confidentiality limits the identification of the sites,

although the sites were more remote from the grid than the application site.

The distance from the ‘grid’ is a key factor in the financial viability of any

large scale energy project. The availability of grid connection point is

essential and grid connection costs increase with distance

10.19 The proposed scheme seeks to utilise an available connection of 5MW

directly into the electrical substation that lies directly adjacent to the site.

This offers the scheme a very deliverable connection point and provides a

cost effective means to export power from the site… there is no need for

extensive new infrastructure including significant lengths of trenching and

cable. The availability of an adjacent grid connection is therefore a rare and

valuable opportunity.

Biodiversity enhancements

10.20 The solar farm provides an opportunity to deliver biodiversity benefits.

Further discussion on impacts to biodiversity is provided later within this

report. The development seeks to deliver biodiversity benefits through the

sensitive management of land beneath the panels (through sheep grazing),

the introduction of grassland to encourage wildlife and insects to the site, the

reinstatement and improvement of existing hedgerows with native species,

would offer new habitats for wildlife.

10.21 In summary the very special circumstances amount to the fact that the

development will provide a significant contribution to the supply of renewable

energy and result in CO2 reduction; and it will represent the diversification of

the rural economy. The development will have limited impact on the local

amenity as the solar panels are static, low level and silent; the development

is temporary and reversible in nature, allowing site to be dismantled and

removed at the end of its life; the site is within close proximity to an available

and nearby electrical substation, connecting to the ‘grid’, affording the site an

advantage for transporting the electricity and the site will provide biodiversity

enhancements.

10.22 These considerations demonstrate that very special circumstances exist to

warrant the development of this Green Belt location. The development is in

accordance with the NPPF, the NPPG and local policy – which set a clear

message of a presumption in the favour of sustainable development,

however the benefits of the development are clearly established and the very

special circumstances weigh in its favour and outweigh any temporary and

reversible constraints.

Site Selection Process

Policy Framework

10.23 There is no local or national policy that specifically requires the applicant to

prove that there is no better alternative location for the development and

there is no guidance within the NPPF or PPG that refers explicitly to a need

for a sequential test

10.24 In addition, at a recent Appeal Decision APP/E3525/A/14/2218805 (Ingham

Suffolk) (March 2015), the Inspector stated that there is no policy or

guidance which refers to the need for a formal sequential test (for solar

farms) – policy is explicit that such a test is needed for other types of

proposal (for example retail development).

10.25 The applicant has advised that a site selection process occurred, despite

their being no specific policy requirement for them to do so.

Design and Visual Impact

Policy Framework

10.26 The National Planning Policy Framework (NPPF) (Paragraph 64) states that

permission should be refused for development of poor design that fails to

take opportunities for improving the character and quality of an area.

10.27 The proposal should be assessed against SADM27 and SDM31 from the

Site Allocation and Development Management Policies 2015 which advise

that the Council will consider the visual impact of the proposed development

within the Green Belt and the particular local characteristics of the area in

which it is located. These polices advocate that development make a

positive contribution to the built and natural environment.

10.28 Furthermore, Policy CS22 from the Core Strategy (2013) advocates that

development proposals take advantage of opportunities to improve the

character and quality of an area.

The development comprises a solar PV array of solar panels that would be

ground mounted and erected in multiple rows. The panels are proposed to

be mounted approximately 20 to 25 degrees to the horizontal in portrait

configuration, two panels deep on steel frames. The mounting system would

be secured to vertical legs piled into the ground with the lowest edge of the

panels less than 1m above the ground level. Consequently the maximum

height of the panels would be approximately 2.8m.

10.29 The arrays would be set out in long rows running east to west across the site

and connected in series grouped by an inverter.

10.30 The development requires three inverters/transformer cabinets measuring

8.9m long, 3.15m deep and 2.65m high (accommodating an inverter,

transformer and associated switch gear), to ensure that the DC energy

produced by the PV panels is converted into AC energy and to set up the

voltage of generated electricity. The cabinets would be spread evenly

across the site as close to the field boundaries as possible.

10.31 The panels would be connected to the inverters and then to the substation

via underground cables on several circuits. The cabling route would follow

track lines to be constructed on the site.

10.32 The piling system does not require concrete, and therefore, no foundations

would remain once the solar farm is decommissioned.

10.33 The perimeter of the site would be protected by security ‘deer’ fencing that

will be relatively unobtrusive, and approximately 2m in height. The fence is

proposed to be positioned around the perimeter of the site and will have a

low visual impact. Vehicle gates would be incorporated into the fencing to

allow vehicle and pedestrian access to inverters, transformers, PV array and

substation location for the operation and maintenance activities

10.34 A number of discrete security cameras are proposed to be mounted

approximately 50m apart. They are proposed to be infra-red, and therefore

there is no requirement to light the solar farm at night.

10.35 The access to the site is proposed to be from Swanland Road (discussed

below), and the development would utilise an existing entrance from this

road. The existing gate at the site would be set back from the Swanland

Road so that delivery vehicles can utilise the space. In addition, works to

access paths within the site are proposed as part of the development.

10.36 It is noted that the red line boundary plan (drawing no. NT12268/002) depicts

an access point from the Cranbourne Road (Industrial Estate). However,

since the application was submitted, it has been advised that this access is

no longer proposed as part of the development.

10.37 The operational lifespan of the solar farm is sought to be 30 years and six 6

months, following which, the development is proposed to be dismantled and

the site restored to its former appearance

10.38 In view of Policy SADM27 from the Site Allocation and Development

Management Policies 2015 consideration must be given to the visual impact

of proposed development in the Green Belt.

10.39 Furthermore, the Planning Practice Guidance states the deployment of

large-scale solar farms can have a negative impact on the rural environment,

particularly in undulating landscapes. However, the visual impact of a well-

planned and well-screened solar farm can be properly addressed within the

landscape if planned sensitively. Particular factors a local planning authority

will need to consider include (summarised):

the effective use of land by focussing large scale solar farms on previously developed and non-agricultural land, provided that it is not of high environmental value;

where a proposal involves greenfield land, whether (i) the proposed use of any agricultural land has been shown to be necessary and poorer quality land has been used in preference to higher quality land; and (ii) the proposal allows for continued agricultural use where applicable and/or encourages biodiversity improvements around arrays.

solar farms are normally temporary structures and planning conditions can be used to ensure that the installations are removed when no longer in use and the land is restored to its previous use;

the proposal’s visual impact, the effect on landscape of glint and glare (and on neighbouring uses and aircraft safety;

the extent to which there may be additional impacts if solar arrays follow the daily movement of the sun;

the need for, and impact of, security measures such as lights and fencing; and

the potential to mitigate landscape and visual impacts through, for example, screening with native hedges;

10.40 The applicant has submitted extensive detail within a Landscape and Visual

Impact Appraisal (Report 001B) dated September 2015, prepared by Wardell

Armstrong. This was accompanied by multiple view point montages from key

positions around the application site. In addition a Glint and Glare

Assessment (Report 007) dated November 2015 and prepared by Wardell

Armstrong was submitted. The appraisal utilised a common methodology

that reviewed the Zones of Theoretical Visibility (ZTVs) by using software,

various mapping information, GPS information and professional

photography, to map the potential worst case scenarios for the visual impact

of the development.

10.41 The site lies within the south-western corner of the Local Landscape

Character Area Potters Bar Parkland – area B. The western edge of the site

is directly adjacent to the Local Landscape Character Area Mimmshall

Valley.

10.42 The key characteristics of the Potters Bar Parkland – area B, as identified in

the Hertfordshire Landscape Character Area Statement for the Potters Bar

Parkland are:

relic estate planting and landscape features;

relic estate architecture;

extensive areas of recreation;

urban edge influences;

ridgelines and valleys;

open views; and

mixed farming

10.43 There are no areas such as National Parks, Areas of Outstanding Natural

Beauty, or Special Landscape Areas / Areas of Great Landscape Value,

within the site are. The site is within the Green Belt (as discussed above),

and the site is within the Watling Chase Community Forest area.

10.44 The development is assessed as giving rise to minimal visual impacts

particularly as the site is screened by nearby woods, hedgerows and the

industrial estate.

10.45 The highest levels of effect on visual amenity would be experienced by users

of the public right of way immediately to the east of the site, although with

the addition of new hedgerow planting infilling gaps on this boundary, the

effects would be reduced.

Landscape Effects

10.46 The development is screened by the extensive hedgerows planting, trees

and woods which would ensure that the proposed development would have

only minimal localised landscape effects and so would not substantially

affect the character of the LCA. There would be only a very limited loss of

existing landscape resource (hedgerow to accommodate the site access)

and this would be mitigated through the provision of new hedgerow planting

along the southern edges of the site, and infilling gaps on the eastern site

boundary.

10.47 The existing visual screening, proposed retention of perimeter tree and

hedgerow belts and additional perimeter hedgerow planting, and introduction

of low-intensity grassland management, means the development can be

considered as complying with the aforementioned Policy SADM27.

Visual Effects

10.48 The visual screening afforded by the extensive vegetation cover and around

the development site would ensure that the proposed development would

result in very few adverse effects on visual receptors, and these would be

mainly restricted to areas closest to the site, namely Warrengate Farm and

Warrengate Bungalow. A minimal number of dwellings in Potters Bar would

be exposed to long distant views of a small part of the site.

10.49 There would be near distance views of the site from the adjacent rights of

way to the east and south-west, and from the adjacent section of the railway

line to the southeast, as well as more distant views from the B556, though

these views would be transient. A small, elevated part of the Potters Bar golf

course, east of the site, would also have views into the site. However, from

the majority of the surrounding area, the site would be screened from view

by intervening vegetation and built development.

Cumulative Effects

10.50 The potential for cumulative effects of the proposed Potters Bar site, in

combination with a proposed development to the east of Swanland Road,

south of the B556, has been considered. The two sites are located in

different landscape character areas and the extensive vegetation cover limits

any scope for cumulative effects on landscape character.

10.51 There are only a small number of locations from where both developments would be seen and these would typically be seen in different fields of view (for instance from the B556 overbridge crossing the A1(M)). There would also be a small amount of scope for sequential visual effects for users of rights of way in the local area. The opportunity to view the two sites together would be extremely low and therefore cumulative impact is not considered to be a significant issue.

Residential Amenity

Policy Framework

10.52 The NPPF states that local plans should set out policies that create attractive

and comfortable places to live and that development should seek to secure a

good standard of amenity for all existing and future occupants of land and

buildings. Council’s Policy SADM31 of the Site Allocations and Development

Management Policies Plan (2015) and CS22 within the Local Plan Core

Strategy (2013) reiterate the intention of the NPPF.

10.53 The proposed development will be sited in a field that is remotely located

from any nearby major housing development. There are some scattered

private dwellings and farms within the area, the closest being the properties

to the south-west at Warrengate Farm and Warrengate Bungalow,

approximately 350m from the site. Further to the south-west there are

houses near Mymms Hall on Warrengate Lane, and Mymms Hall itself.

10.54 Because of the distances between the site and these dwellings it is asserted

that the proposal will not result in amenity loss for residents in these

properties.

Impact on Heritage

Policy Framework

10.55 Paragraph 128 of the National Planning Policy Framework, advises that in

determining applications, local planning authorities should require an

applicant to describe the significance of any heritage asset affected,

including any contribution made by their setting. The level of detail should be

proportionate to the assets' importance and no more than is sufficient to

understand the potential impact of the proposal on their significance".

10.56 Paragraph 13 of the PPG states that great care should be taken to ensure

heritage assets are conserved in a manner appropriate to their significance,

including the impact of proposals on views important to their setting. As the

significance of a heritage asset derives not only from its physical presence,

but also from its setting, careful consideration should be given to the impact

of large scale solar farms on such assets. Depending on their scale, design

and prominence, a large scale solar farm within the setting of a heritage

asset may cause substantial harm to the significance of the asset; SADM 31

of the Site Allocations and Development Management Policies Plan (2015)

also reiterates this.

10.57 The applicant has submitted an Archaeology and Cultural Heritage

Assessment (Report 004A), prepared by Wardell Armstrong and dated

September 2015.

10.58 There are no designated heritage assets within the boundary of the site

(Drawing NT12268/014A) and the site does not fall within a conservation

area. However there is one Scheduled Monument, three Grade I Listed

Buildings, eleven Grade II* Listed Buildings and three Registered Parks and

Gardens within 5km of the site, and within a 1km search area there are

seven Grade II Listed Buildings.

10.59 Given the site and surrounding topography, existing screening and the distances between the site and the great majority of the heritage assets set out above, the proposed development is considered to be acceptable in regard to impact on heritage assets.

Ecology/ Biodiversity and Habitats

Policy Framework

10.60 The NPPF (para 109 onwards) seeks to protect and enhance valued

landscapes through providing net gains in biodiversity and recreation of

priority habitats. Policy CS12 of the Core Strategy 2013 states that all

development proposals must conserve and enhance the natural environment

of the Borough. Local Plan Policies E7 & E8 and SADM11 of the Site

Allocations and Development Management Policies Plan (2015) seek to

ensure developments that affect protected species, their habitats, nature

conservation sites and protected trees to involve suitable mitigation or

replacement.

10.61 The applicant has submitted a Preliminary Ecological Assessment (Report

008A) prepared by Wardell Armstrong and dated September 2015, that

identifies the likely presence of ecological features within or near the Site

that could potentially pose a constraint to the proposed development. To

inform the report, an Extended Phase 1 Habitat Survey of the Site was

carried out in August 2015.

10.62 The report outlines that woodland nearby and the mature oaks would provide

a suitable roosting site for bats, although as the woodland, trees and hedges

are not significantly adversely affected, a bat survey would not be required.

10.63 With regard to nesting birds, the report outlines that a preliminary survey has

confirmed that the Site supports a range of bird species, some of which are

considered to be of conservation concern. The biological data records for a

2km search radius from the Site also returned some species listed on the

BTO’s ‘Birds of Conservation Concern’ register, UKBAP priority species and

a wildlife and countryside act protected species, which may utilise the

habitats within the Site.

10.64 The report goes on to state that ‘due to the potential presence of ground

nesting bird species (e.g. potential for skylark to nest on the fallow site)

within the Site, it is recommended that initial Development works are

undertaken outside of the usual bird breeding season (normally taken to be

March to July inclusive) and that should this timescale not be

accommodated, it is recommended that the ‘a check for the presence of

active nests, and nesting birds be undertaken by a suitably qualified

ecologist prior to the commencement of works. Any active nests should be

identified and protected subject to the relevant legal provisions until the

nesting attempt is complete.

10.65 With regard to invasive plants the report advised that no species were noted

during the field survey. It advises that grassland at the site on which the

solar panels are to be located, is proposed to be managed for biodiversity,

and the hedgerows are proposed to the planted along the southern edged of

the site, to infill gaps.

10.66 The Hertfordshire Biological Records Centre reviewed the Preliminary

Ecological Assessment and advised that in broad terms, the report’s

conclusions were reasonable, and noted that the potential adverse impacts

from the proposed development are likely to be limited to on-site effects

caused by vehicles and construction and include pollution, compaction, and

disturbance. The centre advised that whilst biodiversity in the wider

landscape will be unaffected, edge effects on adjacent Local Wildlife Sites

and Ecosites cannot be ruled out. It was recommended that conditions be

included in the consent to ensure that adverse effects of the adjacent Local

Wildlife Sites will be avoided and that ecological gain will be achieved, and

that subject to conditions, the proposed biodiversity improvements are

considered to be in accordance with NPPF and the aforementioned council

polices.

Flood Risk and Drainage

Policy Framework

10.67 The NPPF (2012), NPPG (2014), policy CS16 of the Core Strategy (2013)

and policy D3 of the Local Plan (2003) and SADM15, SADM16 and SADM17

of the Site Allocations and Development Management Policies Plan (2015)

seek to ensure that development proposals do not create an unacceptable

level of risk to occupiers of a site, the local community and the wider

environment.

Drainage and Flood Risk

10.68 The overall site is located within fluvial Flood Zone 1 (Environment Agency

Maps). The sequential test, as set out in the PPG, aims to steer

development to areas with the lowest risk of flooding (i.e. to direct

developments to Flood Zone 1 where possible). As the Site is currently in

Flood Zone 1, the Sequential and Exception Tests are not required for this

Development.

10.69 As the site is over 1 hectare in size and a Flood Risk Assessment was

prepared (Report 002A) prepared by Wardell Armstrong and dated

September 2015.

10.70 The development includes rows of solar modules that are proposed to be

raised above the ground surface and designed to allow open aisles between

the rows. The angle of the modules will allow rain gaps allowing rainwater to

disperse more evenly. It is proposed that the existing ground levels would be

retained to maintain the existing runoff characteristics and tracks would be

designed not to allow runoff channelling.

10.71 The field is proposed to be maintained with a species rich grass / wildflower

covering to absorb rainfall, and thereby mitigate any accumulation of water

from the panels. New access tracks would be permeable to allow rainfall to

percolate through and into the surrounding ground and grass, thereby

maintaining the existing greenfield runoff response to rainfall.

10.72 The FRA states that flooding from sewers and drains is unlikely there are no

sewers or drains present given the existing agricultural use of the land.

10.73 With regard to Fluvial Flooding, the EA’s surface water flood maps indicate

that there is an area at high to low risk of surface water flooding within the

Site that is associated with the tributary of the Potters Bar Brook to the south

of the Site – although it is noted that the solar modules have been position

away from these areas and buildings have been located outside of these

areas.

10.74 The Environment Agency was consulted and did not have any comment to

make with regard to the application.

10.75 The Lead Local Flood Authority (LLFA) (Hertfordshire County Council) was

also consulted. In response to the supporting information provided, the LLFA

did not raise any objections to the development, subject to condition of a

maintenance plan being carried out to ensure that there will be appropriate

grass over on the site during the lifetime of the development, so that

drainage mechanism of the site would not significantly differ from the existing

greenfield situation.

10.76 As such, the proposed development is therefore considered to be in

accordance with the provisions set out within the NPPF (2012), policy CS16

of the Core Strategy (2013) and policy D3 and D4 of the Local Plan (2003)

and SADM15 of the Site Allocations and Development Management Policies

Plan (2015) which seek to ensure that development proposals do not create

an unacceptable level of risk to occupiers of a site, the local community and

the wider environment

Trees and Landscaping

Policy Framework

10.77 Policy E7 and SADM13 of the Site Allocations and Development

Management Policies Plan (2015) states that planning permission will be

refused for development that would result in the loss, or likely loss, of any

healthy trees or hedgerows that make a valuable contribution to the amenity

of an area. Local Plan Policy E8 states that sufficient space should be

provided between trees and buildings; that the location of site works should

not directly or indirectly damage or destroy trees or hedges; and, that

adequate protection should be provided throughout the construction to

protect trunks, root systems and branches from damage.

10.78 The site contains no TPOs. The plans indicate that existing trees around the

periphery of the site will remain in place. The plans and supporting

information detail that new hedgerow planting to infill the gaps on the

boundary of the site is proposed and this will be secured by condition that

specifically relates to landscaping. It is considered that the development will

not result adverse impacts on the amenity of the area and that the

development aligns with the aforementioned policies.

Impact on Agricultural Land

Policy Framework

10.79 The National Planning Policy Framework (NPPF) (paragraph 112) defines

best and most versatile (BMV) land as land of excellent (ALC Grade 1), very

good (Grade 2) and good (Grade 3a) agricultural quality. BMV land is

afforded a degree of protection against development within planning policy.

Moderate, poor and very poor quality land is designated subgrade 3b or

Grades 4 and 5 respectively, and is restricted to a narrower range of

agricultural uses. The BMV is to be taken into account alongside other

sustainability considerations. The NPPF expresses a preference for

development to be directed to land outside of this classification (3b, 4 and 5),

however paragraph 28 recognises the need to support diversification of

agricultural land that helps to sustain an agricultural enterprise.

10.80 The applicant submitted an Agricultural Land Classification (Report 007A)

prepared by Wardell Armstrong dated September 2015, that assess the soils

and agricultural land quality of the main body of the Site, and considers the

impact of the development on the agricultural land, soil resources and

agricultural drainage of the site.

Comment

10.81 The report confirms that most of the site is classified as Grade 3 – land that

is considered to be of good to moderate quality agricultural land. It should

be noted that the planning permission is for a period of 30 years and that the

lands will still be used for grazing and will still hold an agricultural use whilst

the solar farm is in use.

10.82 There is no objection to the use of the land for a solar farm project that would

be considered as a farm diversification project. The proposed development

is therefore considered to be in accordance with paragraph112 of the NPPF.

Highways and Access

Policy Framework

10.83 The NPPF (para 75) states that public rights of way should be enhanced

wherever possible and that development should only be prevented were the

cumulative impacts are severe.

10.84 Council’s Policy CS24 of the Core Strategy 2013, and SADM41 of the Site

Allocations and Development Management Policies Plan (2015) seeks to

direct proposals to where the highway network can support the use, with

major trip generating uses along transport corridors, with the provision of

studies and resources for improvements necessary as a result of proposals

including a Travel Plan.

Road Access

10.85 Site Access is proposed to be from Swanland Road, and would utilise an

existing site entrance from this road. Although the red line boundary plan

(drawing no. NT12268/002) depicts an access point from the Cranbourne

Road side of the site; it has been advised that this access is no longer

proposed as part of the development.

10.86 The existing gate located at Swanland Road is proposed to be set back by

22m from the highway so that delivery vehicles can manoeuvre onto the site

safely without blocking the public highway.

10.87 The development includes the construction of a 5m wide access road,

constructed of granular stone that would link the gate at Swanland Road with

the south-western corner of the fields containing the solar arrays. An

illustration of the access path is provided in drawing no. CLXX(95)5001

prepared by Cundall and dated 24/11/15.

10.88 The new access tracks, constructed of crushed stone are proposed to run

east-west along the boundary of the field in the direction towards the

Warrangate Farm. Parts of the existing track running through the

Warrangate Farm will not be required to be upgraded as part of the

development. On the northern side of the farm the track is proposed to form

an ‘L’ shape and run east-west along the boundary of the field and then run

north-south along the field boundary to the link the south-western corner of

the fields containing the solar arrays. No other tracks are proposed as part

of this development.

Traffic Generation

10.89 The Design and Access Statement (Report 005B) states that only during the

construction period would the development result in an increase in vehicle

movements. During the operational life of the solar project, trips associated

with the site would be occasional, and only for maintenance purposes. It is

advised that the operations of the solar array would be monitored

electronically, and would not require a large number of people to access the

site.

Construction Process

10.90 During the construction phase, it is proposed to utilise a portion of the land

adjacent to the site for the service of delivery vehicles, which would then

facilitate distribution of materials by alternative transport along the access

path connecting to the field boundary and the solar array. In addition, the

construction of a temporary ‘bailey bridge’ is proposed for a short period of

time, to enable vehicles to traverse the Mimmshall Brook.

10.91 Whilst some details of the Construction Phase would be managed, a full

Construction Management Plan was not supplied with the application. A

condition has been included to ensure that that appropriate matters are

considered from a local road perspective.

Highways Agency Comments

10.92 Highways England are content that the proposed development will have no

adverse impact on the Strategic Road Network.

Hertfordshire Highways Comments

10.93 Initial consultation response indicated that they were dissatisfied with the

amount of information provided with regard to the accessibility of the site and

requested additional information. Subsequently, the applicants provided

additional information in the form of drawings, and supporting information

detailing the proposed access route within the site as well as further

information detailing the junction with Swanland Road. Additional dialogue

has been had with Hertfordshire Highways on the amended information and

they are generally satisfied with the proposed ingress and egress at the site.

It is anticipated that written comments will be forthcoming from Hertfordshire

Highways, which will be reported either verbally or provided in Committee

update sheet provided to members.

10.94 As such, the proposed development is considered to be in accordance with

Paragraph 74 of the NPPF, and Policy SADM41 and CS24 of the Core

Strategy 2013 and SADM15 of the Site Allocations Plan Policies DPD.

Glint and Glare

10.95 A Glint and Glare Assessment (Report 007) prepared by Wardell Armstrong

and dated November 2015 has been prepared to set out the possible effects

that reflected sunlight from the proposed solar farm would have on certain

receptors (such as roads, the railway, air traffic and users of public rights of

way) within the vicinity.

10.96 The report suggests that existing screening present around the application

site itself and in the local area, in the form of trees and hedgerows, would

significantly limit any potentially adverse effects. The report advises that at

certain times of the day and year, there is some potential for glint reflections

to be experienced by motorists as a result of the proposed solar farm,

although this is routinely encountered whilst driving when the sun is low in

the sky. The model suggests that the effects would be of a low intensity and,

given the relative infrequency of predicted events, even if they are visible,

they are not expected to be a cause of substantial nuisance to receptors.

10.97 There is no potential for glint events to occur with regard to the Elstree

Airfield.

11.0 Community Infrastructure Levy

11.1 The Community Infrastructure Levy (CIL) is a new charge that will raise funds

to provide improved infrastructure in Hertsmere. The Council’s charge does

not apply to commercial projects such as the proposed development of a solar

farm

12.0 Equality Act 2010

12.1 The Equality Act 2010 came into force in April 2011. Section 149 of the Act

introduced the public sector equality duty, which requires public authorities to

have ‘due regard’ to the need to eliminate discrimination on the grounds of the

relevant protected characteristics, namely: age, disability, gender

reassignment, pregnancy and maternity, race, religion and belief, sex and

sexual orientation, and to advance equality of opportunity.

12.2 In determining this application the Committee is required to have regard to its

statutory obligations under the Equality Act 2010. Under the Act, a public

authority must, in the exercise of its functions, have due regard to the need to:

eliminate discrimination, harassment and victimisation and any

other conduct that is prohibited by or under this Act;

advance equality of opportunity between persons who share a

relevant protected characteristic and persons who do not share it;

foster good relations between persons who share a relevant

protected characteristic and persons who do not share it

12.3 In relation to this specific application, the application has been submitted with

a planning statement which advises that existing agricultural land will be used

for a solar farm. In relation to this specific application due regard has been

made to the protected characteristics and it is considered that there would be

no adverse impact caused following this development

12.4 The equalities impact of the scheme has been duly considered in accordance

with the Council’s statutory duties under the Equality Act 2010

13.0 Conclusion

13.1 The applicant seeks permission for the installation of a solar farm containing

up to 20,000 solar panels mounted on fixed frame systems and other ancillary

infrastructure such as inverters, access roads, internal transmission lines,

deer fencing and compound and maintenance area. The site is located within

the Green Belt, as such, the proposed development would normally be

considered be to inappropriate development by definition.

13.2 However, the applicant has demonstrated a number of very special

circumstances that includes support for renewable energy, the diversification

of the rural economy, limited landscape and visual impacts, temporary and

reversible development and biodiversity enhancements. In terms of the visual

appearance, the existing site is relatively isolated, and screened by hedging

and trees that will be enhanced as part of the overall scheme, further to this,

the panels themselves will no higher than 2.8 metres above the existing

ground level. The applicant has submitted extensive detail within the

Landscape and Visual Impact Assessment that illustrate the effects on the

landscape would be minimal and the overall visual effects are expected to the

slight once the proposed planting has been implemented. It is considered that

the case for very special circumstances outweighs the potential harm to

openness of the Green Belt.

13.3 The proposed development of the solar farm is a temporary permission

whereby the solar panels and their associated infrastructure will be removed

after 25 years. During the temporary period the field will remain in use as an

agricultural field as it is proposed to graze livestock within the fields.

13.4 Conditions have been imposed to address any concerns that have been

raised by any consultees.

13.5 As such, the proposed development is considered to in accordance with

Green Belt Policies Policy CS13 of the Core Strategy, Policy C1 of the Local

Plan 2003 and SADM 23, Paragraph 13 of the PPG, the NPPF, Core Strategy

Policies CS12, CS13, CS16, CS17, CS21 and CS24, and Site Allocations

Policies SADM11, SADM12, SADM13, SADM15, SADM 16, SADM

21,SADM27, SADM28, SADM31,SADM4.

14.0 Recommendation

Grant Planning permission subject to the following conditions:

Conditions/Reasons

1. The development hereby permitted shall be begun before the expiration of 3

years from the date of this permission.

Reason: To comply with the requirements of Section 91 of the Town and

Country Planning Act 1990 (as amended).

2. The permission hereby granted is for the proposed development to be

retained for a period of not more than 25 years from the date that electricity

from the development is first supplied to the grid (the First Export Date), this

date to be notified in writing to the Local Planning Authority. By the end of the

25 year period the solar panels must be decommissioned. No later than 6

months after decommissioning, all related structures shall be removed and

the site restored in accordance with a restoration scheme which has been

submitted to and approved in writing by the Local Planning Authority. The

restoration scheme shall be submitted to the Local Planning Authority no less

than 6 months prior to decommissioning and shall make provision for the

dismantling and removal from the site of the solar PV panels, frames,

inverter/transformer housings and all associated structures and fencing. The

Local Planning Authority must be notified of the cessation of electricity

generation in writing no later than five working days after the event.

Reason: To ensure that the development is decommissioned and the land

returned to its original use prior to the development, in the interest of

preserving versatile to its original use prior to the development, in the interest

of preserving versatile agricultural land and to preserve the openness of the

Green Belt. To comply with Local Plan Policy C1, Core Strategy 2013 Policy

CS13 and SADM27 of the Site Allocations and Development Management

Policies Plan (2015).

3. NO DEVELOPMENT SHALL TAKE PLACE UNTIL samples of the materials to be used in the construction of the external surfaces and hard surfaced areas including any new access roads of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason: To ensure that the finished appearance of the development will

enhance the character and visual amenities of the area. To comply with Policy

SADM31 of the Site Allocations and Development Management Policies Plan

2015, and Policy CS22 of the Hertsmere Core Strategy 2013.

4. CONSTRUCTION OF THE DEVELOPMENT HEREBY APPROVED SHALL

NOT COMMENCE UNTIL a detailed Construction Management Plan has

been submitted to and approved in writing by the local planning authority in

consultation with the highway authority. Thereafter the construction of the

development shall only be carried out in accordance with the approved Plan.

The Construction Traffic Management Plan shall include details

a) Construction vehicle numbers, type, routing;

b) Traffic management requirements;

c) Construction and storage compounds (including areas designated for car

parking);

d) Siting and details of wheel washing facilities;

e) Cleaning of site entrances, site tracks and the adjacent public highway;

f) Provision of sufficient on-site parking prior to commencement of

construction activities;

Reason: In order to minimise the amount of mud, soil and other materials originating from the site being deposited on the highway; to prevent inadequate parking, turning and manoeuvring for vehicles; inadequate materials storage and to ensure adequate recycling of materials in the interests of highway safety, visual amenity and environmental management. To comply with Policy CS24 of the Hertsmere Core Strategy 201 and SADM41 of the Site Allocations and Development Management Policies Plan (2015).

5. NO DEVELOPMENT OR ENABLING WORKS SHALL TAKE PLACE UNTIL A

Environmental Management Plan (EMP) has been submitted and approved in

writing by the LPA. The EMP should definitively transpose all the ecological

measures in the approved Preliminary Ecological Assessment (Report 008A)

into a plan for construction, habitat creation and ongoing management. The

EMP shall include:

a) A method for the creation and maintenance of species rich acid grassland

and species rich native hedgerow. The following details shall be included:

a. purpose and objectives for the proposed works;

b. detailed design(s) and/or working method(s) necessary to achieve

stated objectives (including, species and species mixes to be used);

c. extent and location of proposed works shown on appropriate scale

maps and plans;

d. timetable for implementation, demonstrating that works are aligned

with the proposed phasing of construction;

e. persons responsible for implementing the works;

f. initial aftercare and long-term maintenance;

g. disposal of any wastes arising from works.

b) A regular monitoring element to ensure the site is achieving the stated

condition; and

c) A remedial action if the site does not accord with the standards of

expected condition which must be set out by the EMP. All measures, e.g.

species mixes, box models, establishment regimes, management regimes

must be definitively stated and clearly marked on plans.

The works shall be carried out strictly in accordance with the approved details

within the first planting season after the approval of the method statement and

shall be retained in that manner thereafter.

Reason: To ensure measures proposed in the ecological report are implemented and maintained, and to secure net gains for biodiversity in accordance with NPPF, and to comply with Policy CS12 of the Core Strategy 2013 and SADM11 of the Site Allocations and Development Management Policies Plan (2015)

6. NO DEVELOPMENT SHALL TAKE PLACE BEFORE a scheme for the on-site storage and regulated discharge of surface water run-off has been submitted to, and approved in writing by, the Local Planning Authority. The development shall be carried out in accordance with the approved scheme.

Reason: To ensure the proposed development does not overload the existing drainage system resulting in flooding and/or surcharging. To comply with Policy D3 of the Hertsmere Local Plan 2003 and Policy CS15 of the Hertsmere Core Strategy 2013 and SADM14 of the Site Allocations and Development Management Policies Plan (2015)

7. WITHIN 28 DAYS OF THE COMMENCEMENT OF THE CONSTRUCTION

OF THE DEVELOPMENT hereby approved, the temporary bailey bridge shall

be decommissioned and removed from the site. All related structures shall be

removed and the site restored and returned to its original state prior to the

development.

Reason: To ensure that the development is temporary, that it is

decommissioned and the land returned to its original use prior to the

development, in the interest of preserving versatile agricultural land and to

preserve the openness of the Green Belt.

8. Within 24 months of the completion and commencement of operations of the

development hereby approved (such a date as to be notified to the LPA) in

the event of any complaint to the Council from Network Rail relating to signal

sighting safety or driver distraction, upon notification to the LPA, the applicant

or operator of the solar farm shall as soon as possible and not later than 28

days, submit for approval to the Council details of a scheme of remedial

measures to address the concerns raised with details of a timescale for

implementation of the works. The works shall be carried out in accordance

with the approved details and timetable.

Reason: To ensure safety of the users of the railway.

9. The development hereby permitted shall be carried out in accordance with the following approved plans:

Plans and Documents

- Design and Access Statement (Report No. 005B), prepared by Wardell

Armstrong, dated November 2015

o Drawing no. ZV/PB/2 – Panel Elevations – prepared by Zara

Volt Renewable Energy, dated September 2015

o Drawing no. ZV/PB/3 – Security Fence Elevation and Gate -

prepared by Zara Volt Renewable Energy, dated September

2015

o Drawing no. ZV/PB/4 – Inverter Substation prepared by Zara

Volt Renewable Energy, dated September 2015

o Drawing no. ZV/PB/5 – Standard GRP Substation, prepared by

Zara Volt Renewable Energy, dated September 2015

o Drawing no. NT/12268/002 – Planning Application Boundary,

prepared by Wardell Armstrong, dated August 2015

o Drawing no. NT/12268/003 – Indicative Site Layout, prepared by

prepared by Wardell Armstrong, dated August 2015

- Glint and Glare Assessment (Report no. 007), prepared by Wardell

Armstrong, dated November 2015

- Landscape and Visual Impact Appraisal (Report 001B) prepared by

Wardell Armstrong, dated September 2015

o Drawing no. NT/12268/004 – Indicative Site Layout (Aerial

Image), prepared by Wardell Armstrong, dated August 2015

o Drawing no. NT/12268/005 (Revision A) – Designated Areas,

prepared by Wardell Armstrong, dated September 2015

o Drawing no. NT/12268/006 (Revision A) – Sensitive Receptors,

prepared by Wardell Armstrong, dated September 2015

o Drawing no. NT/12268/007 (Revision A) Access Routes,

prepared by Wardell Armstrong, dated September 2015

o Drawing no. NT/12268/008 (Revision A) Topography, prepared

by Wardell Armstrong, dated September 2015

o Drawing no. NT12268/009 (Revision A) – Landscape Character

Areas, prepared by Wardell Armstrong, dated September 2015

o Drawing no. NT12268/017 (Revision A) – Zone of Theoretical

Visibility, prepared by Wardell Armstrong, dated September

2015

o Drawing no. NT12268/018 (Revision A) – Cumulative Solar

Schemes, prepared by Wardell Armstrong, dated September

2015

o Drawing no. NT12268/030 (Revision A) – Viewpoint 1a,

prepared by Wardell Armstrong, dated September 2015

o Drawing no. NT12268/031 (Revision A) – Viewpoint 1b,

prepared by Wardell Armstrong, dated September 2015

o Drawing no. NT12268/032 (Revision A) – Viewpoint 2, prepared

by Wardell Armstrong, dated September 2015

o Drawing no. NT12268/033 (Revision A) – Viewpoint 3, prepared

by Wardell Armstrong, dated September 2015

o Drawing no. NT12268/034 (Revision A) – Viewpoint 4, prepared

by Wardell Armstrong, dated September 2015

o Drawing no. NT12268/035 (Revision A) – Viewpoint 5 –

prepared by Wardell Armstrong, dated September 2015

o Drawing no. NT12268/36 (Revision A) – Proposed Planting

Plan, prepared by Wardell Armstrong, dated September 2015

o Drawing no. NT12268/037 – Viewpoint 2 Photomontage –

prepared by Wardell Armstrong, dated October 2015

o Drawing no. NT12268/038 – Viewpoint 3 Photomontage –

prepared by Wardell Armstrong, dated October 2015

- Flood Risk Assessment (Report 002A), prepared by Wardell

Armstrong, dated September 2015

o Drawing no. NT12268/003 – Indicative Site Layout, prepared by

Wardell Armstrong, dated August 2015

o Document no. NT12268, prepared by Wardell Armstrong, sent

via email to LPA on 17/11/15

o Document no. NT12268 – Response to Lead Local Flood

Authority Consultation letter dated 28/9/15, prepared by Wardell

Armstrong, sent via email to LPA on 17/11/15

o Pre and Post development Greenfield Runoff data, prepared by

Wardell Armstrong, sent via email to LPA on 17/11/15

- Archaeological and Cultural Heritage Statement (Report 004A),

prepared by Wardell Armstrong, dated September 2015

o Drawing no. NT/12268/015 (Revision A) – Non-Designated

Heritage Assets, prepared by Wardell Armstrong, dated

September 2015

o Drawing no. NT/12268/014 (Revision A) – Designated Heritage

Assets, prepared by Wardell Armstrong, dated September 2015

- Very Special Circumstances for Development in the Green Belt (Report

0010A) prepared by Wardell Armstrong, dated September 2015

- Preliminary Ecological Assessment (Report 008A) prepared by Wardell

Armstrong, dated September 2015

o Drawing no. NT12268/013 – Phase 1 Habitat Survey, prepared

by Wardell Armstrong, dated August 2015

- Agricultural Land Classification (Report 007A) prepared by Wardell

Armstrong, dated September 2015

o Drawing no. NT12268/016 – Agricultural Land Classification,

prepared by Wardell Armstrong, dated August 2015

- 2671/1 – Topographic Survey Sheet 1 of 2 – prepared by Michael

Godfrey Surveys Ltd dated August 2015

- 2671/2 – Topographic Survey Sheet 2 of 2 – prepared by Michael

Godfrey Surveys Ltd dated August 2015

- NT12268/002 – Planning Application Boundary – Prepared by Wardell

Armstrong, dated August 2015

- NT12268/001 – Site Location – Prepared by Wardell Armstrong, dated

August 2015

- TCXX(95)4004 (Version A) – Visibility Splay 215m x 2.5m – prepared

by Cundall, dated 24/11/15

- TCXX(95)4003 (Version A) – Visibility Splay 215m x 4.5m – prepared

by Cundall, dated 24/11/15

- TCXX(95)4002 (Version A) – Vehicle Swept Path Analysis – prepared

by Cundall, dated 24/11/15

- TCXX(95)4001 (Version A) – Proposed Access and Site Compound –

prepared by Cundall, dated 24/11/15

- TCXX(95)5001 – Access Track Sections and Baily Bridge – prepared

by Cundall, dated 24/11/1

Reason: In the interests of proper planning.

General Reason(s) for Granting Permission

The applicant seeks permission for the construction of the installation of a solar farm

containing up to 20,000 solar panels mounted on fixed frame systems and other

ancillary infrastructure such as inverters, access roads, internal transmission lines,

deer fencing and compound and maintenance area. The site is located within the

Green Belt, as such, the proposed development would be considered be to

inappropriate development by definition. However the applicant has presented a

strong case for ‘very special circumstances’ that includes benefits to national and local

renewable energy production, the diversification of the rural economy, the temporary

nature of the development, and biodiversity enhancements to the site. The applicant

has submitted extensive details in terms of the visual appearance of the development,

and has demonstrated that the development will not adversely impact the landscape

and visual impact of the site. The planning officer is in the view that the case for very

special circumstances outweighs the potential harm to the openness of the Green Belt.

The proposed development of the solar farm is a temporary permission whereby the

solar panels and their associated infrastructure will be removed after 25 years. During

the 25 year period, the field will remain in use as an agricultural field and be

maintained in accordance with the maintenance plan, conditioned on the consent, and

agreed with the Local Planning Authority.

There are no objections from the key consultees including the Highways Agency,

Hertfordshire Highways, Hertfordshire County Council Ecologist and National Rail.

Conditions have been imposed to address any concerns that have been raised by any

consultees.

As such, the proposed development is considered to in accordance with Green Belt

Policies Policy CS13 of the Core Strategy, Policy C1 of the Local Plan 2003 and

SADM 23, Paragraph 13 of the PPG, the NPPF, Core Strategy Policies CS12, CS13,

CS16, CS17, CS21 and CS24, and Site Allocations Policies SADM11, SADM12,

SADM13, SADM15, SADM 16, SADM 21,SADM27, SADM28, SADM31,SADM4.

22.0 Background Papers

1. The Planning application (15/1289/FUL) comprising application forms, certificate, drawings and any letters from the applicant in support of the application.

2. Replies from Statutory consultees and correspondence from third parties. 3. Any other individual document specifically referred to in the agenda report. 4. Published policies / guidance

23.0 Informatives

1. Positive Statement

Planning permission has been granted for this proposal. Discussion with the

applicant to seek an acceptable solution have been undertaken in this

instance. The Council has therefore acted pro-actively in line with the

requirements of the Framework (paragraphs 186 and 187) and in accordance

with the Town and Country Planning (Development Management Procedure)

(England) (Amendment No. 2) Order 2012.

2. Building Regulations

To obtain advice regarding current Building Regulations or to submit an

application, applicants should contact the Building Control Section Hertsmere

Borough Council, Civic Offices, Elstree Way, Borehamwood, WD6 1WA,

telephone 020 8207 2277. For more information regarding Building

Regulations visit the Building Control Section of the Councils web site

www.hertsmere.gov.uk

- To obtain Building Regulations Approval the applicant should apply to obtain

either:

- Full Plans approval - this will give prior approval to the work or

- Building Notice approval - this requires 48 hours' notice prior to the

commencement of work.

Both of these approvals will require the submission of the requisite fee and 2

copies of drawings and relevant calculations. Having applied for Building

Regulations approval, the works applied for will be subject to inspection by

Building Control Officers at specific stages to ensure compliance. The

applicant has a statutory duty to inform the Council of any of the following

stages of work for inspection:

- Excavation for foundations

- Damp proof course

- Concrete oversite

- Insulation

- Drains (when laid or tested)

- Floor and Roof construction

- Work relating to fire safety

- Work affecting access and facilities for disabled people

- Completion

Any work that affects a party wall will require approval from the adjoining

owner(s). This aspect of the work is a civil matter and does not come within

the remit of the Council. Please refer to the Government's explanatory

booklet The Party Wall etc. Act 1996, a copy of which is available from the

Council Offices, Borehamwood, Hertfordshire. More information is available

on the Council's web site or for further information visit the Department of

Communities and Local Government website at www.communities.gov.uk.

3. Highways

Works to be undertaken on the adjoining Highway will require the applicant to

enter into an Agreement with the Highway Authority. Before commencing the

development, the applicant shall contact Highways at County Hall 0300

1234047 to obtain their permission and requirements. This is to ensure any

works undertaken in the highway is constructed in accordance with the

Highway Authority's specification and by a contractor who is authorised to

work in the public highway.

4. Public Right of Way

The developer should be aware that the required standards regarding the maintenance of the public right of way and safety during the construction. The public rights of way along the carriageway and footways should remain unobstructed by vehicles, machinery, materials and other aspects of construction works.

5. Storage of Materials

The applicant is advised that storage of materials associated with the development should take place within the site and not extend into within the public highway without authorisation from the highway authority, Hertfordshire County Council. If necessary further details can be obtained from the County Council Highways via either the website or telephone 0300 1234047 to arrange this.

6. Road Deposits: Best practical means shall be taken at all times to ensure that all vehicles leaving the development site during construction of the development are in condition such as not to emit dust or deposit mud, slurry or other debris on the highway. This is to minimise the impact of construction vehicles and to improve the amenity of the local area.

7. Care should be taken upon the commencement and during the course of building operations to ensure that no part of the development encroaches on, under or over adjoining property. It should be noted that this permission relates solely to works included within the application site.

8. The management of trees and shrubs / site clearance should be carried out during the period October to February only; to protect breeding birds, their nests, eggs and young. If this is not possible then the pre-development (same day) search of the area should be made by a suitably experience ecologist for breading birds and their nests. If active nests are found, then clearance work must be delayed until the juvenile birds have left the nest and are fully independent or professional ecological advice taken on how best to proceed.

9. Any external lighting scheme should be designed to minimise light spill, in particular directing light away from the boundary vegetation to ensure dark corridors retain for use by wildlife.

Case Officer Details

Kate Den Teuling - Email Address - kate.denteuling@hertsmere.gov.uk