THE PLANNNG & COMPULSORY PURCHASE ACT 2004 PROPOSAL: NEW SOLAR ARRAYS 1, MW AND ASSOCIATED WORKS.

. SITE: LAND AT SANDPOOL FARM, POOLE KEYNES, GLOUCESTERSHIRE. CLIENT: WILTSHIRE WILDLIFE TRUST AND BATH & WEST COMMUNITY ENERGY LTD. PLANNING STATEMENT (including Flood Risk Assessment)

Prepared by Simon Chambers, BSc (Hons) MA MRTPI Director LPC (Trull) Ltd Our Reference: SWLC.LPC.3163 January 2013

CONTENTS ITEM 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 TITLE Introduction Environmental Impact .. The Proposal . Planning Policy .. Other Material Considerations Flood Risk Assessment Key issues to consider . Conclusions PAGE 1 1 3 4 13 18 20 24

LPC3163 - Planning Statement Sandpool Solar Array January 2013

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 social planning 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 smallscale 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:

LPC3163 - Planning Statement Sandpool Solar Array January 2013

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 carbon dioxide 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 Combined Heat and Power and Community Heating and their integration into more energy efficient new build or redevelopment proposals; have full regard to the recommendations and detailed background information contained in the report Renewable energy assessments and targets for the South West (GOSW APRIL 2001).

Development Plans should: specify the criteria against which proposals for renewable energy projects will be assessed, balancing the benefits of development more sustainable forms of energy generation against the environmental impacts, in particular on national and international designated sites; promote energy conservation measures through policies guiding the design, layout and construction techniques of new development proposals.

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:

LPC3163 - Planning Statement Sandpool Solar Array January 2013

(a)

would not adversely affect the special character of the Areas of Outstanding Natural Beauty or sites of nature conservation or heritage conservation interest; and would not cause demonstrable harm to: (i) (ii) (iii) Special Landscape Areas or sites of special nature conservation or heritage interest as defined in local plans; or Areas or facilities of special importance for tourism and recreation; or The amenity of nearby dwellings or residential areas; and

(b)

(c) (d)

would not dominate any prominent skyline or vista as defined in local plans; and 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 is justified, where necessary, in terms of national energy policies of local and regional requirements; and Is accompanied by adequate information to indicate the extent of possible environmental effects and how they can be satisfactorily mitigated.

(e) (f)

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) (b) (c) Nature conservation interest; Mineral extraction and the beneficial after-use of worked sites; Facilitation of a wide range of recreation and tourism opportunities which reflect the special character of the area; 9

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(d) (e) (f)

Facilitation of access to and within the Cotswold Water Park using sustainable modes of transport; Protection of the integrity of existing villages and rural communities; and Protection of the best and most versatile land in accordance with 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) (b) would not result in any significant loss of amenity due to noise or interference with telecommunication reception; would not result in an unacceptable risk to public health or safety, including harmful environmental effects from any associated transmission; does not, by its visual impact, significantly harm the character or appearance of the Cotswolds AONB, Special Landscape Areas, historic landscapes, archaeological sites, or the character or setting of Conservation Areas or listed buildings; does not significantly harm the ecology of habitats, other biodiversity interest or sites of archaeological importance; and is justified, where necessary, in terms of national energy policies of local and regional requirements.

(c)

(d) (e)

Policy 9 Biodiversity, Geology and Geomorphology It is confirmed that development that would affect an internationally recognised 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, development which accords with the Local Plan will be permitted if the following criteria are satisfied. (a) the maintenance or enhancement of the nature conservation importance of the Water Park, particularly in relation to the lakes and associated habitats listed in the Cotswold Water park Biodiversity Action Plan, which may involve measures to enhance the long term conservation value of a site that is the subject of an application for planning permission or other land and/or water within the Water park; where appropriate, habitat enhancement and the creation of new habitats, which may involve measures to enhance the long term conservation value of a site that is the subject of an application for planning permission or other land and/or water within the Water Park; the retention and, where appropriate, the enhancement of existing landscape features that contribute to the character and /or appearance of the site subject to an application; the design and siting of new buildings being sympathetic to the character of the area and avoiding harm to the landscape; the development having a direct relationship to the use of the Water Park for nature conservation, water-based sport, tourism and recreation; the prevention of the over-dominance of one particular activity, or type of provision, or the significant reduction in the choice of sites available for uses and activities that are not adequately provided for within the Cotswold Water Park; and the provision of appropriate contributions towards the maintenance of the nature conservation importance of the Water Park, habitat enhancement and the creation of new habitats, and the overall management of the Water Park.

(b)

(c)

(d) (e)

(f)

(g)

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 legallybinding 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 energy efficiency, 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 CO 2 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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a new culture of delivery will need to be required over and above the potentially relatively generous FIT supported initial first stages of growth. 6.0 FLOOD RISK ASSESSMENT The purpose of this Flood Risk Assessment as a separate, but further material consideration, is to provide sufficient flood risk information in order to demonstrate that the future uses of the development will remain safe throughout its lifetime, that the development will not increase flood risk elsewhere and, if practical, the development would reduce flood risk overall. The need for an appropriate assessment of flood risk is set out in the NPPF at paragraphs 99-104 with guidance on the minimum requirements for such an assessment contained in the Technical Guidance. The Technical Guidance advises that any assessment of flood risk should be proportionate to the risk, and appropriate to the scale, nature, and location of the development. The technical guidance to the NPPF states that in flood zone 2, which is where the application site lies, and where the risk of flooding is classified as medium, a Flood Risk Assessment should assess the risks of all flooding. It is worth noting though that the Environment Agencys flood mapping shows that the site is potentially the subject to impact from an extreme flood event, and in a small part from river flooding, yet the risk of flooding though is described as low (0.5%). No water courses are present within the application sites boundaries although to the south a main river effectively bounds the site. By comparison the application is on raised ground. Furthermore it should be noted that during the recent excessive rains the site was not flooded to any extent. In view of the nature of the application rainwater falling on each panel will drain freely onto the ground beneath the panel. Thus, the total surface
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area of the photovoltaic array should not be considered as an impermeable 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 is worth 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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area

in

this

assessment,

changing

the

existing

19

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 20 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. The existing 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. 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 Topography and vegetation prevent the proposed development from impacting on the wider

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 states that 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.

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