sandpool farm flood assessment.doc

7/28/2019 Sandpool Farm flood assessment.doc

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THE PLANNNG & COMPULSORY PURCHASE ACT 2004

PROPOSAL: NEW SOLAR ARRAYS 1, MW ANDASSOCIATED WORKS.

SITE: LAND AT SANDPOOL FARM, POOLEKEYNES, GLOUCESTERSHIRE.

CLIENT: WILTSHIRE WILDLIFE TRUSTAND BATH & WEST COMMUNITYENERGY LTD.

PLANNING STATEMENT(including Flood Risk Assessment)

Prepared by

Simon Chambers, BSc (Hons) MA MRTPI

DirectorLPC (Trull) Ltd

Our Reference: SWLC.LPC.3163

January 2013


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CONTENTS

ITEM TITLE PAGE

1.0 Introduction 12.0 Environmental Impact .. 13.0 The Proposal . 34.0 Planning Policy .. 45.0 Other Material Considerations 136.0 Flood Risk Assessment 18

7.0 Key issues to consider . 208.0 Conclusions 24

LPC3163 - Planning StatementSandpool Solar ArrayJanuary 2013

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1.0 INTRODUCTION

LPC (Trull) Ltd are instructed by Bath and West Community Energy Ltd,together with Wiltshire Wildlife Trust to promote the construction of a new

solar photovoltaic development on land at the Sandpool Farm, Poole

Keynes, Gloucestershire.

Planning permission is being sought to install up to 1 Mega Watts (MWp)

of solar generating capacity. Electricity will be generated from daylight by

an array of solar photovoltaic (PV) panels, each approximately 1640mm

by 992mm in size. Panels will be set in rows, being spaced no more than

2.5m above ground level and with 6.6m of clear space between the rows

facing south at an angle of 30. Rows of panels will be affixed to the

ground via a metal T' frame; the legs of which will be secured to the

ground using helical piles at a depth of 1m. The height of the frames upon

which the panels are mounted will allow for sheep to graze underneath

and habitat to develop unhindered. The area of the array application will

be about 2.1ha and will be fenced around the panels with stockproof

fencing. The existing boundaries will also be augmented.

Connection to the grid will be underground to the nearest existing 33 -kV

line. A single small prefabricated building will be provided on site to house

the transformers and switch gear.

2.0 ENVIRONMENTAL IMPACT

Although a formal screening opinion, pursuant to Regulation 5(1) of the

Town and Country Planning (Environmental Impact Assessment) (England

and Wales) Regulation 1999 has not been requested the proposal has still

been appropriately tested. This Regulation applies equally in the case of

the making of an application and does not have to be made separately.

Consequently, there is no doubt that an EIA is not required as the effect

on the environment will not be significant. This fact is clearly shown by the

full application bundle submitted. The proposed solar photovoltaic arrays


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do not fall into any of the categories set out in the Regulations regarding

installations for the harnessing of solar power for energy production.

Having said that, it is acknowledged that Schedule 3 confirms the

selection criteria for screening Schedule 2 developments if applicable,

which are determinant on whether the proposal is likely to have significant

effects on the environment. Even if these are applied the development can

be seen to not be sited in an environmentally sensitive or vulnerable

location.

The solar panels proposed cover an area in total of approximately 2.1ha

and will be simply placed on the land without significant new works being

involved. The development has a specified 25-year life span, after which

the existing grassland will be re-used in its totality. Even when the panels

are in place the land will be (and needs to be for general maintenance)

grazed.

The development produces no waste, pollution or other nuisance and

does not give rise to a risk of accidents, having regard to the substances

or technology employed. All installations will of course be compliant with

the relevant electrical installation legislation.

The application is accompanied by a Visual Landscape Impact

Assessment prepared by DLA (Landscape Architects & Environmental

Planners) Ltd, which informed the site layout. Accordingly, it is clear that

the impact of the proposal is limited in extent locationally. The Ecological

Appraisal enclosed further reinforces this matter.

Having carried out the appropriate screening exercise we would

respectfully suggest that the development is not likely to have significant

effects on the environment by virtue of its character, size and location and

the development does not therefore constitute EIA development and does

not require an Environmental Statement. Indeed, given the benign nature

of these proposals, whilst there will be some effects upon the


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environment, consistent with other similar schemes already considered by

your Council, none of those effects will be significant upon the

environment and therefore fail the relevant tests as set out in central

government guidance.

3.0 THE PROPOSAL

Planning permission is sought for the following development:

Construction of solar arrays comprising solar panels to generate 1MW of

electricity and associated works.

The Solar Arrays will consist of rows of solar panels mounted on a

supporting metal T' frame, orientated so they face south to maximise the

energy they receive from the sun. The technology used within modern

photovoltaic panels is such that they will continue to generate electricity on

cloudy and overcast days, although the maximum potential of the site will

be achieved on sunny days.

The frames supporting the panels are secured to the ground and kept

stable with a simple piling spaced at 6.6 metre intervals. The piles require

no concrete foundations as ground conditions are understood to be

suitable to support the weight and wind/snow load of the panels. As the

installation is relatively straightforward, the whole site can be easily

reverted back to its former use once the life span of the panels comes to

an end.

In total permission is being sought for the installation of up to 4186 panels,

arranged in rows approximately 6.6m apart. The frames on which the

panels sit will be 2.5m at the highest point and are angled to 30 from the

sun. The total panel area is 6780m.

Once completed the proposed solar arrays could produce just over 1MW

of electricity during the year. To generate this level of electricity would


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require 366 tonnes of coal, as well as a quantity of gas and uranium (the

typical UK fuel mix). We import about two thirds of the coal we consume.

When calculating CO2 savings it is evident that there are a myriad

scenarios and possible outcomes regarding the future power mix that will

govern grid average emissions over the next 25 years. In view of rapidly

changing technology, fuel reserves depletion and market conditions, any

scenario predicted or envisaged today may never materialise. However

the output to be generated is anticipated to be equivalent to approximately

11,000 tonnes of CO2

Irrespective of the generation mix figures employed, the companion guide

to PPS22 underlines the key environmental objectives explaining the

Governments encouragement of renewable energy; whereby the purpose

of setting renewable energy targets is to reduce carbon dioxide emissions.

Therefore, these benefits should be treated as material as a matter of

principle, irrespective of the actual level of those benefits in any individual

case. For the purposes of this proposal, the material fact is that the

generation of electricity from the solar resource to be employed will lead to

a reduction in the emission of carbon dioxide.

4.0 PLANNING POLICY

Section 38(6) of the Planning and Compulsory Purchase Act 2004

requires that all planning applications are determined in accordance with

the Development Plan unless material considerations indicate otherwise.

This section sets out the key adopted national, regional and local planning

policy guidance including the relevant saved policies within the Cotswold

District Local Plan 2011.


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National Planning Policy Guidance

National Planning Policy Framework (March 2012)

The Government published the National Planning Policy Framework

(NPPF) on 27th March 2012. The NPPF replaced the previous suite of

national Planning Policy Statements, Planning Policy Guidance notes and

some Circulars with a single document. The PPS22 companion guide for

renewable energy though remains a material consideration.

The NPPF sets out the Governments economic, environmental and socialplanning policies for England. Taken together, these policies articulate the

Governments vision of sustainable development, which should be

interpreted and applied locally to meet local aspirations. The NPPF

continues to recognise that the planning system is plan-led and that

therefore Local Plans, incorporating neighbourhood plans where relevant,

are the starting point for the determination of any planning application.

The overarching policy change applicable to the proposed development is

the presumption in favour of sustainable development. The presumption

in favour of sustainable development sets the tone of the Governments

overall stance. Its purpose is to send a strong signal to all those involved

in the planning process about the need to plan positively for appropriate

new development; so that both plan-making and development

management are proactive and driven by a search for opportunities to

deliver sustainable development, rather than barriers.

The purpose of the planning system is to contribute to the achievement of

sustainable development and the NPPF sets out the three dimensions to

sustainable development: an economic role, a social role and an

environmental role. The presumption is key to delivering these ambitions,

by creating a positive, pro-development framework, underpinned by the

wider economic, environmental and social provisions in the NPPF.


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As stated above in determining applications, planning law requires that

applications for planning permission must be determined in accordance

with the development plan, unless material considerations indicate

otherwise. Paragraph 196 of the NPPF advises that the Framework is a

material consideration in planning decisions. Paragraph 197 then goes on

to say that in assessing and determining development proposals, Local

Planning Authorities should apply the presumption in favour of sustainable

development.

The NPPF recognises in Section 10, entitled Meeting the challenge of

climate change, flooding and coastal change, that planning plays a key

role in helping shape places to secure radical reductions in greenhouse

gas emissions, minimising vulnerability and providing resilience to the

impacts of climate change, and supporting the delivery of renewable and

low carbon energy and associated infrastructure. This is central to the

economic, social and environmental dimensions of sustainable

development.

Of particular relevance to this application is paragraph 97 of the NPPF

which 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. In particular, paragraph 98 states when

determining planning applications, Local Planning Authorities should:

not require applicants for energy development to

demonstrate the overall need for renewable or low

carbon energy and also recognise that even small-

scale projects provide a valuable contribution to

cutting greenhouse gas emission; and approve the

application if its impacts are (or can be made)

acceptable.


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Under Section 11 of the NPPF, entitled Conserving and enhancing the

natural environment, at paragraph 109 it advises that the planning system

should contribute to and enhance the natural and local environment by,

amongst other things, protecting and enhancing valued landscapes (i.e.

National Parks and Areas of Outstanding Natural Beauty), geological

conservation interests and soils, recognise the wider benefits of

ecosystem services, and minimise impacts on biodiversity.

The application site is not situated within close proximity to any such

nationally designated areas, and as such whilst the landscape effects of

the proposed development are considered to be important, they should

carry less weight than other material considerations when determining the

application.

Regional Planning Policy Guidance

Regional Planning Guidance for the South West RPG10 (2001)

Higher level strategic planning policy is set out within regional policy. The

Regional Strategy was the subject of a review which reached the stage of

a Draft Revised Regional Strategy for the South West being published in

July 2008 which incorporated the Secretary of States proposed changes.

However this draft Strategy was not adopted and it therefore does not

form part of the statutory Development Plan and, with the new Coalition

Governments clear intention to abolish the regional tier of planning policy,

it is most unlikely that this draft Regional Strategy will be progressed any

further. However, at the time of preparing this statement, RPG10 still

remains part of the Statutory Development Plan despite the Coalition

Governments stated intention to revoke the regional plans as established

within the Localism Act of November 2011.

The most relevant policy from RPG10 is detailed below:


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Policy RE 6 Energy Generation and Use

Local authorities, energy suppliers and other agencies should:

support and encourage the region to meet the national targets for:

a 12.5% reduction in greenhouse gas emissions below 1990 levels

by 2008-2012 and a 20% reduction (from 1990 levels) in carbondioxide emissions by 2010;

a minimum of 11-15% of electricity production to be from renewable

energy sources by 2010.

encourage and promote the greater use of renewable energy

sources, including community-based projects, such as CombinedHeat and Power and Community Heating and their integration intomore energy efficient new build or redevelopment proposals;

have full regard to the recommendations and detailed background

information contained in the report Renewable energyassessments and targets for the South West (GOSW APRIL2001).

Development Plans should:

specify the criteria against which proposals for renewable energy

projects will be assessed, balancing the benefits of developmentmore sustainable forms of energy generation against theenvironmental impacts, in particular on national and internationaldesignated sites;

promote energy conservation measures through policies guiding

the design, layout and construction techniques of new developmentproposals.

Gloucestershire Structure Plan, Second Review (1999-2011)

Policy EN.3

This policy, although rather dated is saved and seeks to encourage

development of renewable sources of energy, particularly where there are

benefits to the local community. Renewable energy proposals will be

permitted subject to various caveats, requiring that it:


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(a) would not adversely affect the special character of the Areasof Outstanding Natural Beauty or sites of nature conservation orheritage conservation interest; and

(b) would not cause demonstrable harm to:

(i) Special Landscape Areas or sites of special natureconservation or heritage interest as defined in local plans;or

(ii) Areas or facilities of special importance for tourismand recreation; or

(iii) The amenity of nearby dwellings or residential areas; and

(c) would not dominate any prominent skyline or vista asdefined in local plans; and

(d) would not result in an unacceptable level of visual impact;particular regard will be had to the cumulative impact of existing,planned or proposed renewable energy development; and

(e) is justified, where necessary, in terms of national energypolicies of local and regional requirements; and

(f) Is accompanied by adequate information to indicate the

extent of possible environmental effects and how they can besatisfactorily mitigated.

Local Planning Policy

The saved policies of the Cotswold District Local Plan 2001-2011,

relevant to the application proposed are as follows:

Policy NHE.8

Proposals for development in the Cotswold Water Park should be

considered in the context of all the objectives of the Water Park, which

include:

(a) Nature conservation interest;

(b) Mineral extraction and the beneficial after-use of workedsites;

(c) Facilitation of a wide range of recreation and tourismopportunities which reflect the special character of the area;


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(d) Facilitation of access to and within the Cotswold Water Parkusing sustainable modes of transport;

(e) Protection of the integrity of existing villages and ruralcommunities; and

(f) Protection of the best and most versatile land in accordancewith Policy NHE.3.

Policy 2 Renewable Energy

This is a permission policy for renewable energy installations, subject to

the following considerations, requiring that it;

(a) would not result in any significant loss of amenity due tonoise or interference with telecommunication reception;

(b) would not result in an unacceptable risk to public health orsafety, including harmful environmental effects from anyassociated transmission;

(c) does not, by its visual impact, significantly harm thecharacter or appearance of the Cotswolds AONB, SpecialLandscape Areas, historic landscapes, archaeological sites, orthe character or setting of Conservation Areas or listed buildings;

(d) does not significantly harm the ecology of habitats, otherbiodiversity interest or sites of archaeological importance; and

(e) is justified, where necessary, in terms of national energypolicies of local and regional requirements.

Policy 9 Biodiversity, Geology and Geomorphology

It is confirmed that development that would affect an internationallyrecognised site under these heading will be subject to the most vigorous

examination, and only development connected with, or necessary to the

management of the site for nature conservation, and which is not likely to

have a significant effect on the site will not be permitted.

National designation, such as Sites of Special Scientific Interest will also

be subject to special scrutiny. Where development would harm the special

interest of the site, directly or indirectly it will only be permitted if there is


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not alternative solution, and there are imperative reasons of overriding

public interest of the development where permitted conditions will be used

to ensure the protection and enhancement of the sites nature

conservation interest.

At the local level, development that would affect a Local Nature Reserve,

a Site of Importance for Nature Conservation or a Regionally Important

Geological/Geomorphological Site will not be permitted too, unless it can

be demonstrated that there are reasons for the proposal which outweigh

the need to safeguard the substantive nature conservation value of the

site. Appropriate mitigation and compensatory measures will be sought

where development is permitted.

The policy also confirms, and despite its separate protection by statute

that the Council will not permit development that harms a site supporting

any legally protected species or its habitat, unless safeguarding measures

can be provided. Opportunities should also be taken, where possible, to

enhance or create habitats and populations of species identified as

priorities in National, Regional and Local Biodiversity Action Plans,

especially where wildlife corridors can be created.

Policy 10 Trees, Woodlands and Hedgerows

Development that would destroy or adversely affect protected trees will

not be permitted unless it would benefit the character or appearance of the

area, or is in the interests of good forestry or Arboricultural practice.

Permission will not be granted for development that would adversely affect

Ancient semi-natural or Ancient replanted woodland or veteran trees.

Additionally, hedgerows which are visually, ecologically or biologically

important, or historically or culturally significant will be retained, unless

there are overriding reasons for their removal.


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Policy UT.1 Cotswold Water Park

Within the Cotswold Water Park proposals for, inter alia, developmentwhich accords with the Local Plan will be permitted if the following criteria

are satisfied.

(a) the maintenance or enhancement of the nature conservationimportance of the Water Park, particularly in relation to the lakesand associated habitats listed in the Cotswold Water parkBiodiversity Action Plan, which may involve measures toenhance the long term conservation value of a site that is thesubject of an application for planning permission or other land

and/or water within the Water park;

(b) where appropriate, habitat enhancement and the creation ofnew habitats, which may involve measures to enhance the longterm conservation value of a site that is the subject of anapplication for planning permission or other land and/or waterwithin the Water Park;

(c) the retention and, where appropriate, the enhancement ofexisting landscape features that contribute to the characterand /or appearance of the site subject to an application;

(d) the design and siting of new buildings being sympathetic tothe character of the area and avoiding harm to the landscape;

(e) the development having a direct relationship to the use ofthe Water Park for nature conservation, water-based sport,tourism and recreation;

(f) the prevention of the over-dominance of one particularactivity, or type of provision, or the significant reduction in thechoice of sites available for uses and activities that are not

adequately provided for within the Cotswold Water Park; and

(g) the provision of appropriate contributions towards themaintenance of the nature conservation importance of the WaterPark, habitat enhancement and the creation of new habitats, andthe overall management of the Water Park.

There are also policy guidance notes which clarify that development

proposals must demonstrate that they will not reduce wintering and

breeding bird numbers, or adversely affect any other important wildlife or

natural feature.


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Additionally there is a published Supplementary Planning Guidance for the

Water Park. This is based on a system of zoning by intensity of use, to

assist in the preparation of development proposals.

Supplementary Planning Guidance

Cotswold Water Park Development Zones

The zones are divided into four types. Each zone identifies areas suitable

for particular types of recreational development and intensity of use.

The application site lies within Zone B, where inter alia, the character of

the landscape may need to be safeguarded from more intensive

development.

A variety of recreational uses will be permitted in Zone B provided there is

no significant creation of noise or traffic nuisance. In that regard it is noted

that the areas primary use is for agricultural and forestry purposes.

5.0 OTHER MATERIAL CONSIDERATIONS

There is a clear national framework for supporting renewable energy

development. The Climate Change Act 2008 sets a target for the reduction

of UK greenhouse gas emissions by 80% below 1990 levels by 2050.

It is now widely accepted that Climate Change is happening and there is

an imperative to act now to reduce carbon emissions. The Governments

renewable energy policy sets the context for the determination of planning

applications and the statements reviewed within this report clearly

demonstrate that considerable planning weight should be attributed to

these policies.

At an international level, the major step forward to reduce green house

gas emissions and address climate change was made at the signing of the

Kyoto Protocol in 1997. This was largely led by the industrialised nations,and set legally binding targets to reduce green house gas emissions. The


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members of the European Union (15 counties at that time) agreed to a

collective reduction in emissions to 8% below the level recorded in 1990

by 2008 to 2012.

To date 187 nations have signed the Kyoto Protocol, with the main

exception being the United States. The reduction in emissions targets set

out in the agreement are legally binding, but are complicated by

allowances for emissions trading between parties, thus making monitoring

complex and compliance difficult to enforce.

In many respects, the main achievement of the Kyoto Protocol is that has

brought into focus the need to address climate change to a world

audience, and spurred other legislation to be introduced.

More recently analysis of climate change, including the UN Climate

Change Conference in Bali (December 2007) and Cancun (December

2010) and the Stern Review (2006) have underlined the need to act.

The European Union have long been advocates of the need to address

climate change, playing a key role in early agreements such as the United

Nations Framework on Climate Change in 1992, and the Kyoto Protocol

Agreement of 1997.

The EU Renewable Energy Directive commits Member states to the

setting of national targets for consumption of energy from renewable

sources in terms of a proportion of total electricity consumption.

A target has been agreed by member states of the EU to achieve a 20%

reduction in emissions and, as an average across the member states,

generate 20% of the required energy supply from renewable sources by

2020. The EU is prepared to move the target emissions reduction to 30%

by 2020, an additional 10% over and above the reduction already agreed,

but this is still being considered.


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The European Commission published the 20 20 by 2020 package in

January 2008 and the EU Climate and Energy package was formally

agreed in April 2009 committing the Union to the 20% reduction in its total

carbon emissions and to achieving a target of deriving 20% of the EUs

find energy consumption from renewable sources by 2020.

The then Secretary of State for Energy and Climate Change launched the

UK Renewable Energy Strategy White Paper 2009 in May 2009, saying,

40% of our energy will be low carbon by 2020 under the plans Ive

announced today.

The Executive Summary paraphrases the intent of the White Paper: We

need to radically increase our use of renewable electricity, heat and

transport. This Strategy sets out the path for use to meet our legally-

binding target to ensure 15% of our energy comes from renewable

sources by 2020: almost a seven fold increase in the share of renewable

in scarcely more than a decade.

This Strategy will help us tackle climate change, reducing the UKs

emissions of carbon dioxide by over 750 million tonnes between now and

2030. It will also promote the security of our energy supply, reducing our

overall fossil fuel demand by around 10% and gas imports by 20-30%

against what they would have been in 2020. And it will provide outstanding

opportunities for the UK economy with the potential to create up to half a

million more jobs in the UK renewable energy sector resulting from around

100 billion of new investment. In parallel with energy saving, nuclear and

carbon capture and storage, this is a key element of our overall transition

plan for setting the UK on the path to achieve a low-carbon, sustainable

future that helps address dangerous climate change. Our target is very

ambitious. We consulted last year on proposed measures for meeting it;

this document confirms our strategy for doing so. Our lead scenario

suggests that we could see more than 30% of our electricity generated

for renewables, up from about 5.5% today.


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The fourth chapter of the UK Renewable Energy Strategy published by the

Department of Energy and Climate Change in July 2009 proposes a

framework to improve the planning and consenting system to radically

increase renewable energy use in the UK.

In paragraph 4.23 the report states In particular we expect regions to set

targets for renewable energy capacity in line with national targets, or

better where possible. These targets are expected to be reviewed in the

light of delivery and revised upwards where appropriate. Given the

compelling case for renewable energy, and to avoid unreasonable or

unrealistic demands of industry, the Government has said that applicants

for renewable energy should no longer be questioned about the energy

need for their project, either in general or in particular locations.

As part of the wide range of measures to stimulate the renewables

industry the White Paper recognised the need to remove barriers in the

consenting process. Despite the broad support for renewables already

identified in the report suggests a need to update the previous advice so

as to ensure they set a clear and challenging framework for delivering

energy infrastructure and cutting carbon emissions consistent with

national ambitions.

At paragraph 8.34 in considering the implementation of the Renewable

Energy Strategy the White Paper recognised the role of local government

in not only serving residents but also guiding them. Local Authorities have

a key role to play in ensuring the UK meets its targets for renewable

energy. Local government plays various roles as consumers of energy,

planners, economic regenerators, housing providers, community leaders

and convenors of local partnerships. Each role provides a platform for

promoting renewable energy supply.

It goes on to say, Local Authorities can have a substantial and positive

influence on delivering renewable energy and securing greater energyefficiency, including through their responsibilities for planning, transport


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and waste management. For example, through their forward planning and

management of proposals for new development they are key to getting the

infrastructure in place to supply and deliver renewable energy; in planning

the right development or the right location they can encourage less travel;

and through their transport planning they can help secure more

sustainable transport options.

As community leaders, local Councils can work with communities to build

understanding and acceptance of renewable energy and help galvanise

communities to use energy more efficiently.

As stated the UK has a legally binding target to source 15% of its energy

from renewable sources by 2020, and the UK Renewable Energy Strategy

2009 sets out how this increase in renewable energy provision will be

achieved.

The new government indicated that it is committed to ensuring that all

new homes post-2016 can be zero-carbon (Ministerial Statement Zero

Carbon Homes, July 2010) and that it will seek to increase the target for

energy from renewable sources, subject to the advice of the Climate

Change Committee (The Coalition; Our programme for government, May

2010 p16). More specifically and building on the evolving foundation

outlined the recently announced Energy Bill provides solid financial

backing for increased non-carbon energy generation and infrastructure

and does not change the long term targeting of reduced CO2 generation.

In recognition of the over-arching needs to reduce carbon emissions,

Cotswold District Councils latest Annual Monitoring Review (2011) states

at paragraph 4.22 that there has been a 42% increase in renewable

energy production. This however denies the very low starting point. The

move has come exclusively from new solar panel installations (paragraph

4.23) too, and therefore highlights the importance of maintaining growth.

In order to achieve the ambitious targets laid down by central government


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area of the photovoltaic array should not be considered as an

impermeable area in this assessment, changing the existing

circumstances.

The majority of the site will remain as soft surface, with grassland

surrounding and underneath the photovoltaic panels. No new

hardstandings are introduced as a consequence of the development.

There is an existing track to the site that will be retained. A small new

shed will be provided close to the eastern hedgerow.

The technical guidance to the NPPF requires that, in addition to fluvial

flooding, it is also necessary to consider all other sources of potential

flooding, which includes ground water flooding and over land flow of

flooding, as well a sewer flooding and flooding from artificial sources such

as canals, ponds, and reservoirs. The Strategic Flood Risk Assessment

(SFRA) provides information on such sources of potential flooding. The

Level 1 SFRA identifies no historic flood incidents in these regards

reported on the application site from such sources of potential flooding. It

should be noted that the extent of flooding in this area is very wide by

reference to the Environment Agencys flood maps and therefore the

Water Park as a whole effectively provides a balancing facility. The

application development involves such small land take overall that

considered in the round it will have no material impacts in these regards. It

is also strongly maintained that the arrays are sufficiently robust to ensure

that they will be unaffected by an extreme flood event. In that regard it isworth reiterating that the sites survey was recently undertaken during the

recent heavy rains when flooding was evident in the wider environs, but

not on the application site.

It is therefore considered that the most likely cause of potential flooding

would be extreme rainfall falling on the sub-catchment area exceeding the

soils natural infiltration rates or capacity, leading to an increase in the

volume and rate of run-off and resulting in overland flood flows. It is not


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considered that this represents a high risk which would impact on the

proposed development of the site, or adversely impact on surrounding

undeveloped lands.

There is no evidence that the ground conditions are not suitable to permit

run-off from the panels to discharge directly onto the ground adjacent,

where it will soak into the ground, maintaining the existing hydrological

regime and without resulting in an increased volume or intensity of run-off.

The site drains freely and is permeable geology and infiltration therefore

does not change the sites existing green field state. The run-off will be

clean water suitable for direct discharge to the ground.

In summary, the proposed development will not increase flood risk on site

or elsewhere and will preserve the application sites natural drainage

regime. It is sufficiently resilient in construction and form itself not to be

adversely impacted by possible flooding either, however unlikely.

7.0 KEY ISSUES TO CONSIDER

The key issues to consider are whether or not the proposed development

is in accordance with Policy EN.3 of the Structure Plan and Policy 2 of the

Local Plan, and whether or not the development will have a significant and

adverse impact on the landscape, falling as it does within the Cotswold

Water Park.

A further issue is the potential restoration of the site to agricultural or

similar use once the use for renewable energy generation has ceased.

The companion guide to PPS22, referred to above, notes that a condition

to cover restoration of the site should operations cease should be

considered.

Restrictions on grid availability and the limited supply of suitable

brownfield sites means this application, like most others nationally, is a

green field development. It is noteworthy though that the site was

historically used a quarry more recently as an inert landfill operation.


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Although the Ecological Appraisal confirms that the land has only been

lightly grazed in the past the scheme offers potential to increase low

carbon energy generation whilst also injecting additional income into the

rural agricultural sector, diversifying that agricultural use.

The relevant Local Plan policy (NHE.8) reiterates the erstwhile advice in

PPS7 regarding the need to consider the presence of the best and most

versatile agricultural land (defined as land in grades 1, 2 and 3a of the

Agricultural Land Classification ALC) as a material consideration when

determining planning applications, alongside other sustainability

considerations. The logical preference is for development to be directed to

the least versatile land (i.e. grade 1 being the most valuable agricultural

land). In this instance the land in question is believed to be grade 3c-a low

grade land, (semi-improved/improved grassland resulting from the

restoration of the previous landfill operation) and it is important to note that

the solar array development is reversible.

As grassland, vegetation will continue to grow under the solar panels

which will require management, particularly to avoid the site becoming

overgrown with weeds and assist with the eventual restoration of the site.

To minimise the landscape impact it is envisaged grazing by sheep will be

used as the dominant method, along with mowing and strimming to

maintain the land. A detailed methodology has been provided as part of

the ecological assessment report enclosed. In addition to being desirable

for the rural scene this methodology makes sound agricultural sense. Theexisting hedgerows will be retained, both around and though the site and

will be augmented with new planting and stock proof fencing.

The application development is entirely reversible so ultimately there will

be no loss of any agricultural land. Permission is sought for 25 years from

commencement and could be conditioned on that basis. It is probably that

the solar panels will be functional for longer too.


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Whatever management strategy is envisaged the land use proposed will

not harm the ecological environment. Indeed, in addition to avoiding areas

of ecological importance or sensitively, the sites management could

promote and maintain a diverse range of habitats. More detailed

comments to confirm the applications acceptability in this regard are

provided by the Ecological Appraisal report provided with the application

bundle

The facilities to be developed aim to minimise disturbance. They are

temporary, capable of removal and reversible. Similarly there is no need to

install a new track. There will be no need to provide any access surfacing

within the site when completed either as agricultural vehicles, such as

tractors, quad bikes and 4WD vehicles will be capable of servicing these

facilities without the need for such works.

Access is only required periodically and primarily during the construction

phase. Approximately 20 HGV movements can be expected to carry out

the installation. Solar arrays do not require high levels of maintenance

and vehicle movements would not be expected to be higher than normal

agricultural land uses during the operation phase.

With regard to the construction phase it is estimated that site works will

last for about 2 months at most. Finally testing and powering up is

envisaged to take a couple of weeks more. The sites construction should

therefore take a little over 2 months at most.

The application development will be accommodated within the existing

field boundaries/hedges, again minimising the ecological impact. The

exiting hedging and planting beyond the site will be used to screen the

development on the whole. Stock proof fencing will augment the hedging.

Security lighting is currently not envisaged and therefore if provision in the

future is considered desirable it can be conditionally controlled to require a

separate submission.


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The potential landscape/visual impact of the solar array is acknowledged

to be one of the most significant impacts of the development.

The landscape visual assessment prepared by DLA ltd under a separate

cover demonstrates that the site does not intrude in a sensitive landscape

location and does not contain or impact on any designated asset. There is

little potential for the development proposals to impact upon views within,

out from, or across the wider open countryside. Topography and

vegetation prevent the proposed development from impacting on the wider

countryside.

Specifically, having clarified how the landscape planting and management

proposals will mitigate views towards the development so that the site is

clearly capable of accommodating the proposals without detriment to its

setting, it should be noted that the panels proposed are less reflective than

sun shining off a body of water, which is far more common in this area. A

landscape mitigation plan has still been included as part of the application.

Solar panels are designed to absorb, not reflect, irradiation. Glare is

associated with potential glint. It is not a direct reflection of the sun, but

rather a reflection of the bright sky around the sun, and, particularly in the

UK is significantly less intensive than any possible glint.

Advice prepared by Regen SW Planning for Solar Parks in the South

West of England suggests that the impact of glint and glare, which will

only occur for certain periods of the year, and need only be considered for

properties higher up a slope than the solar development because of the

angles involved. There are no such properties near to the application site.

The above advice also confirms that a glint and glare assessment is only

likely if tracking panels are proposed as these may cause differential

reflections and/or seasonal impacts. The application proposal of course

employs fixed panels.


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8.0 CONCLUSIONS

Section 38(6) of the Planning and Compulsory Purchase Act 2004 statesthat the determination of all planning applications should be made in

accordance with the Development Plan, unless material considerations

indicate otherwise. Among the list of proper material considerations is a

demonstrable need for the development.

As far as renewable energy is concerned, need is a matter of Government

policy. The need for renewables arises from the desirability of reducing

harmful emissions, the desirability of promoting a diversity of energy

supplies and the need to meet the UKs international environmental

obligations. The need for renewables is also reflected at a national level in

the 10% renewable electricity generation target by 2010 and the goal of

20% by 2020. Cotswold has under-performed in the installation of

renewable energy projects, although the trend is positive.

It is now clear that the Government attaches greater weight to the need to

secure the generation of electricity from renewable sources than ever

before. It is against this policy background, relating to the need for

renewable energy development that local environmental effects should be

assessed. Some degree of environmental effect is inevitable in the case of

most development.

Suffice it to say though this project will make a valuable contribution to

renewable energy targets and efforts to counter climate change and on

balance it will also be satisfactorily assimilated on this site, without

causing any adverse impacts.

We have considered in detail the scale, location, layout and appearance of

the proposed solar array development, and have assessed this against

national and local planning policies. In particularly Policy EN.3 of the

Structure Plan and Policy 2 of the Local Plan. The development is

compliant with these policies, and will not have an adverse impact on the


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landscape character or other amenity issues. The site has been carefully

selected to be well screened and not overlooked, which coupled with the

low profile physical height of the solar panels, results in only limited,

localised views of the site being possible. At a distance the panels will

blend into the overall field patterns, colours and textures.

There are positive benefits arising from a renewable energy project such

as this, as it will raise the profile of renewable energy in the local

population, and may encourage greater take up of solar power on

domestic properties as the benefits are seen and understood. The

appellant company offers investment opportunities for local people so they

can realise financial benefit too from the solar arrays in their vicinity.

Additionally, it must be stressed that the proposal will significantly increase

the Countys generating capacity.

Overall, we are of the strong view that the proposals comply with planning

policy and represent a necessary step towards meeting the UKs climate

change obligations.

sandpool farm flood assessment.doc

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