LOCATION: LAND OPPOSITE TYN Y PISTYLL WEST OF DELPH ROAD PENYCAE WREXHAM LL14 1TU

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1 APPLICATION NO: P/2015 /0092 COMMUNITY: Cefn WARD: Cefn LOCATION: LAND OPPOSITE TYN Y PISTYLL WEST OF DELPH ROAD PENYCAE WREXHAM LL14 1TU DESCRIPTION: INSTALLATION AND OPERATION OF SOLAR FARM (UP TO 5MW) AND ASSOCIATED INFRASTRUCTURE, INCLUDING PHOTOVOLTAIC PANELS ON FRAMES, INVERTERS, TRANSFORMERS, SUB-STATION, COMMUNICATIONS BUILDING, FENCING, SECURITY CAMERAS ETC DATE RECEIVED: 10/02/2015 CASE OFFICER: PF AGENT NAME: LIGHTSOURCE RENEWABLE ENERGY LTD JESSICA GITTOES APPLICANT(S) NAME: LIGHTSOURCE SPV 169 LIMITED THE SITE The site comprises agricultural land stretching north from Talponciau Farm curving around the highway as Delph Road heads west. The southerly most point of the application site is approximately 450 metres north Acrefair. The site is agricultural land, which is split into three field parcels with native hedge boundaries. All the fields appear to be used as grazing land. One public right of way directly adjoins the application site to the south (Cefn X-4), with various footpaths running north to south on field boundaries either side of the development site. There is an existing vehicular access on the east of the site on to Delph Road. 138

2 SITE PROPOSAL Planning permission is sought for the installation and operation of a solar farm consisting of photovoltaic panels, mounting frames, various buildings housing control equipment and communications, security perimeter fencing and pole mounted security cameras. The operation is proposed to generate up to 5MW of electricity. Access to the site is proposed off Delph Road. The site extends to approximately 10ha. The solar panels will be mounted in groups taking into account the form of the existing field parcels. The solar panels will be mounted on frames no higher than 2.2 metres with the panels facing south. The site will be protected by 2 metre high deer netting fencing on the perimeter with 3 metre high pole mounted CCTV cameras on the boundary at regular intervals. There are a number of ancillary buildings proposed which would house transformers, inverters, substations, communications and general storage. A total of 10 buildings are proposed on the site, with the majority located adjacent to the proposed access. None of these buildings would exceed 5 metres by 6 metres, and they are single storey (mostly between m high, or a mono pitch roof of 4.4m high). 139

3 An indicative layout of the array is shown below. 140

4 HISTORY No relevant planning history. DEVELOPMENT PLAN The site is located outside any defined settlement limit and within a Green Barrier. Policies PS2, PS12, GDP1, EC1, EC2, EC4 and EC6 are relevant. National planning policy is contained in Planning Policy Wales (Edition 7) (PPW) and Technical Advice Notes (TAN) 5 Nature Conservation and Planning, 8 Renewable Energy, 12 Design and 18 Transport. CONSULTATIONS Community Council: Supports the application. Local Members: Notified Site Notices: Expired Press Notice: Expired Highways: Given the proposal is likely to generate an average of only 4 HGV movements per day during the construction period there are no grounds to object to the proposal. Conditions are recommended to secure construction management plan and access improvements. Public Protection: The development is within 250 metres of the former landfill sites known as The Delph and Monsanto Chemical Dump. It will be necessary to condition any future consent so as to ensure that any potential contamination migration issues are adequately dealt with. Recommend that conditions and note to applicant be applied to any future consent that may be granted. Parks and Rights of Way: Consulted Welsh Water: Consulted CPAT: No archaeological implications. NRW: No objection but the following advice is provided. - The authority should liaise with its contaminated land advisors regarding contamination issues; - The submitted information suggests that the proposal will have limited impact upon surface water runoff rates from the site; - Subject to the implementation of the proposed landscape mitigation scheme NRW does not consider that the 141

5 proposed development will have significant effects on the Clwydian Range and Dee Valley AONB; - The proposal will not have a detrimental effect on the maintenance of the favourable conservation status of protected species subject to the recommended mitigation and enhancement measures noted in the ecology report being adhered to during the work. Biosecurity measures and pollution control measures will be required to secure protected sites. Ramblers: Consulted AONB JAC: Consulted Neighbouring Occupiers: 17 neighbouring occupiers were notified. 5 representations were received in support of the application on the following grounds: Renewable energy is precisely what should be proposed. European countries such as Germany have already invested in this technology and are seeing remarkable results; The proposal would be very positive for Wrexham on a number of levels; This farm will contribute to achieving Wales renewable energy commitments; Full support should be given in the interests of future of families and not the continued use of fossil fuels; Such proposals should be encouraged which don t stop land being used for other purposes and do not leave a scar on the landscape when removed; and The development has been well thought out with particular attention paid to the local community, wildlife and environment. 1 representation received in objection to the development on the following grounds: This is a major industrial development in Penycae and it is not in keeping with its surroundings in terms of scale or character. Does it conform with policy in terms of whether it has adverse impact upon appearance or character of landscape; 142

6 SPECIAL CONSIDERATIONS Concerned that there may be significant detrimental effect on the visual amenity of the neighbouring residential property. Can the developers give assurance that there would be no reflective glare and that the panels would be very low on the ground; Fencing would block distant views to the open countryside; It would seem unfair for planners to block local neighbours building and then allow a major solar farm to be built in this location Policy: The most up to date planning policy relating to this type of development can be found in PPW and TAN8. PPW states that the Welsh Government has set objectives to promote the generation and use of energy from renewable and low carbon energy sources at all scales. It is also an aim to ensure an appropriate mix of energy provision which maximises benefits to the economy and communities whilst minimising potential environmental and social impacts. PPW further recognises that the open countryside is a sustainable energy source and that solar is recognised as source of renewable energy. Local planning authorities are encouraged to facilitate the development of all forms of renewable and low carbon energy, however developers should seek to avoid or where possible minimise adverse impacts through careful consideration of location, scale, design and other measures. TAN8 notes that solar is likely to result in only a small proportion of this renewable target, but it does not underestimate the recognised importance of this contribution. Other than in circumstances where the visual impact is critically damaging to a listed building, ancient monument or a conservation area vista, proposals for appropriately designed solar arrays should be supported. Whilst this guidance was likely aimed at solar PV development on buildings, further guidance was issued by the Welsh Government in 2011 as an aid to local planning authorities in determining the key issues raised when determining applications for ground mounted solar arrays. Those issues form the basis of the special considerations which follow this report. Policy PS12 of the Wrexham UDP deals specifically with renewable energy development. Proposals will be supported provided that the wider environmental benefits are not outweighed by any detrimental impacts of the proposed development (including any electrical transmission facilities needed) on the landscape, public safety and the local environment. Although the site is not within a settlement, this type of development is not specifically excluded from non-settlement locations. However impacts upon the landscape character and amenity are still important considerations as 143

7 required by policy GDP1. The site is wholly within a Green Barrier (policy EC1). PPW advises that Green Barriers act to prevent the coalescence of settlements, assist in safeguarding the countryside from encroachment, protect the setting of an urban area and assist in urban regeneration. There is a presumption against inappropriate development in Green Barriers but there are limited instances where development may be considered appropriate including uses of land which maintain the openness of such designations and which do not conflict with the purpose of including land within it. Visual/landscape impact: The site is located approximately 450 metres north of the Acrefair settlement. The site forms part of a wider area of reclaimed opencast coal mining land, but now is characterised by rolling grassland with established field boundaries. The site forms part of the Cefn Mawr sub area in Wrexham LANDMAP. The countryside to the north of the sub area is noted as recovering from past industrial exploitation and though improving visually, the existing vegetation is immature and the drainage is disrupted. The area is considered to be very sensitive and vulnerable to development which does not take into account distinctive settlement patterns, industrial heritage, tourist traffic passing through the area and prominent location overlooking the Dee valley. The application has been the subject of a detailed Landscape and Visual Impact Assessment (LVIA). The applicant s consideration of the landscape value of the application site is medium, taking into account the visual and sensory, historical and geological landscape aspect characteristics. It is noted that there is the possibility of some inter-visibility across the local landscape in elevated positions, however the built form of Acrefair and larger settlements to the south east restrict these views. The local landscape is not currently within any statutory or non-statutory landscape designations but it is in close proximity to the Clwydian Range & Dee Valley Area of Outstanding Natural Beauty (the AONB). The LVIA has evaluated the development site and the Zone of Theoretical Visibility at a radius of 2km and 5km. This takes into account the possible views of the site from within these zones bearing in mind topography and existing development and blocks of woodland. It should be noted that the modelling cannot take into account all vegetation which would further act to screen the impact of proposals. As a result of this exercise the following is noted: - The proposed development would use a limited palette of minerals which would vary depending upon weather conditions however glare is unlikely to be an issue as the panels are designed to absorb light; - The greatest potential effect on visual amenity would be within the immediate surroundings of the site with more distant views limited through screening and filtering of un-modelled vegetation; - Existing and proposed vegetation and intervening topography will result in restricted views of the site from nearby residential properties, isolated farmsteads and highways with gaps in existing hedgerows offering views from immediate highways passing the site; 144

8 - Views from existing public rights of way would be limited as they run predominantly along existing hedged field boundaries. PRoWs on upper slopes would offer distant views but the array would not be seen in its entirety and from even longer views the array and would only form a small proportion of the entire view; and - Views from within the AONB are predominantly obscured by existing topography, built form and blocks of woodland and form long distance views in which the development would only form a small proportion. I am satisfied that the submitted LVIA provides a detailed assessment of the impact of the proposal. Views of the proposed development are limited to the immediate vicinity which is mitigated by existing and proposed field boundary vegetation. Long term views, importantly including those from within the AONB and the nearby Poncysyllte World Heritage Site are either indecipherable or form part of a much wider view. Technical guidance issued by the Welsh Government relating to solar arrays acknowledges that the regular patterns created by the panels, the ancillary buildings and the security fencing in certain locations, depending upon the scale of the developments could result in creeping urbanisation of the countryside. I have borne in mind the findings of the LVIA and how the design of the array has reacted to existing boundary features. With additional landscape mitigation measures, the impact of the development will be minimal. I consider that the openness of Green Barrier will be maintained due to the low lying nature of the structures. Long distance views into the site will be limited and the site will not be viewed in its entirety with views screened by blocks of vegetation. There is a significant distance between the edge of the Acrefair settlement and the proposed development and I do not consider that to allow the development would result in the appearance of the coalescence of settlements. I do not consider that this proposal would constitute an inappropriate form of development in the Green Barrier and would not conflict with the reason for including the land within it. It is also noted that the solar panels are not permanent items within the landscape, and they can be easily removed at the end of their operational life, and land is restored. Subject to appropriate conditions to ensure mitigation planting and the protection of existing vegetation I consider that the visual impact of the proposal is acceptable. Ecology: The impact upon the ecological condition of the site at both construction and operation phase has been considered. The developer has provided an ecological appraisal and biodiversity management plan which includes mitigation and habitat enhancement. Natural Resources Wales have raised no objection to the proposal. It is considered that the proposal will not impact upon protected species or protected sites in the vicinity of the proposed development. Specific requirements have been made to ensure that the construction phase of the 145

9 development does not result in the movement of invasive or non-native species which impact upon protected sites. It is considered that the gapping up of existing hedgerows around the site and selected tree planting to aid the visual impact of the development will represent ecological enhancement. The proposal also includes for habitat hedgerow and grassland management (to include a buffer around the perimeter of the site) and the implementation of these measures can be conditioned as part of a favourable recommendation. I am satisfied that the ecological impact of this proposal can be mitigated and is therefore acceptable. Soil condition and contamination: Policy EC2 of the UDP states that the development will only be permitted if it would not result in the irreversible loss of grade 1, 2 and 3a agricultural land. These grades represent some of the most versatile land the County Borough. The application is accompanied by an agricultural land classification report which has further assessed the soils and has concluded a classification of 4. Whilst this proposal therefore accords with policy EC2, it should be noted that the land could still be used for its existing purpose as grazing and as previously stated, following cessation of the beneficial use of the solar array, the equipment can be removed and the land returned to its previous use. Given the historic use of the land surrounding the site, Public Protection have requested that further surveys of the land be carried out to ensure that any potential contamination migration issues are adequately dealt with as a result of the disturbance of the land. Suitable conditions can be attached to any approval to deal with this matter. Highways: Access to the site would be taken from Delph Road, a classified highway subject to the national speed limit, although the geometry of the road results in the reduced speed of passing traffic to around 45mph. Highways have given due consideration to the suitability of the access to the site which is considered to be adequate subject to improvements. The main issue for consideration will be impact upon highway safety during the construction and decommissioning phase. Movements will be limited to between 2 and 6 HGV movements during the day over a 12 week period. Whilst the road leading to the site is not considered to meet current design standards, there are no height or weight restrictions and the preparation of a detailed construction management plan will allow the council to control the time and routes of construction vehicles to the benefit of highway safety. Traffic movements to and from the site will be limited to maintenance traffic at around 30 visits per annum. This is a negligible amount of traffic and would not result in significant impact upon highway safety. Other matters: The applicant has confirmed that the solar array would be connected to the grid via an underground cable which would be installed by the Distribution Network Operator (SP Energy Networks). As a statutory undertaker, SP Energy Networks have certain permitted development rights to 146

10 carry out such operations and therefore an application for planning permission is not required. Nevertheless, the overall impact of the grid connection is a consideration in determining the impact of the overall scheme. An underground connection is considered to be the least intrusive method of transmission. CONCLUSON The generation of electricity from renewable resources is given significant encouragement by the Welsh Government and this is reflected in national planning policy. The principle of the use of the countryside for such developments is accepted subject to careful consideration of landscape and ecological impacts and the safe implementation and operation of apparatus. This should be given significant weight in the determination of this proposal. The impact of the development on the wider landscape has been considered as acceptable. Any adverse impact upon highway safety will be limited to the short term construction and decommissioning phase. I recommend accordingly. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered ACR_01_Rev5, CCTV_01, TYP_P_E_3L,TD_01, SB_01, SITE_AUX_TRANSFORMER_01, ID_01, DNO_01, DEER FENCE - inc. MAMMAL GATE,CB_01, CSR_01 and TS_01 and contained within the application documentation. 3. The development hereby permitted shall be removed and the land restored within 30 years of the date of this permission or within 6 months of the cessation of the use of the development for the generation of electricity, whichever is the sooner. 4. The decommissioning of the site, including the dismantling of all solar panels and frames, all ancillary buildings, security fencing and CCTV columns shall be carried out in accordance with Section 7 of the Construction, Decommissioning and Traffic Management Method Statement dated 6th February 2015 unless otherwise agreed in writing by the local planning authority. 5. Notwithstanding the requirements of condition 2, prior to the commencement of the development final details of the layout of the buildings and ancillary structures shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details. 6. All buildings and structures as detailed on drawing numbers TD_01, SB_01, ID_01, CSR_01 and CB_01 shall be painted or finished in RAL 6005 Moss Green unless otherwise agreed in writing by the local planning authority. 147

11 Prior to their installation on the site details of the proposed finish of the buildings and structures as detailed on drawing numbers DNO_01, SITE_AUX_ TRANSFORMER_01 and DEER FENCE - inc MAMMAL GATE shall be submitted to and approved in writing by the local planning authority. The buildings and structures shall be finished or painted in accordance with the details as may be approved prior to their first use. 7. All perimeter fencing shall be erected in accordance with the detail contained on the approved drawing titled DEER FENCE - inc MAMMAL GATE and drawing L.0321_09-D. 8. No part of the development shall commence until a scheme of signage and guarding proposals along the proposed route of the construction traffic as detailed in section 3 of the approved Construction, Decommissioning and Traffic Management Method Statement dated 6th February 2015 has been submitted to and approved in writing by the local planning authority. The scheme as may be approved shall be implemented in accordance with a timescale to be agreed as part of that scheme and retained in situ for the duration of construction and decommissioning. 9. Prior to first use of the development, the proposed vehicular access shall be laid out in strict accordance with approved plan no. L335/2 and L335/3. The visibility splays shall thereafter be permanently retained free of all obstruction in excess of 1 metre in height. 10. The development shall be carried out in strict accordance with the approved Construction, Decommissioning and Traffic Management Method Statement dated 6th February The habitat creation and additional gapping up planting as identified in the approved Avian Ecology Biodiversity Management Plan numbered Light dated 20 April 2015 and as shown on drawing no. L.0321_09-D shall be carried out in the first available planting season following the commencement of development or in accordance with a timescale to be further agreed in writing by the local planning authority. 12. The habitat creation and additional gapping up planting as identified in the approved Avian Ecology Biodiversity Management Plan numbered Light dated 20 April 2015 and as shown on drawing no. L.0321_09-D shall be managed and maintained strictly in accordance with the detail herein this report. 13. No development shall commence until a biosecurity management plan has been submitted to and approved in writing by the local planning authority. The development shall be carried out in strict accordance with the management plan as may be approved. 14. No part of the development shall commence until a Badger Survey as carried out by a qualified ecologist has been submitted to and approved in writing by the Local Planning Authority. 15. The development shall be carried out in strict accordance with the approved scheme of Amphibians and Reptiles Reasonable Avoidance Measures contained in the Avian Ecology Biodiversity Management Plan numbered Light dated 20 April No equipment, machinery, plant or materials of any kind in connection with the development shall be brought onto the site until tree protection fencing and ground protection measures have been implemented in strict 148

12 accordance with details which have been submitted to and approved in writing by the Local Planning Authority. The details should include specification and location for the fencing. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made. 17. The tree protection fencing and ground protection measures approved in connection with condition no. 16 shall be kept in place until all external site works have been completed and the removal of the fencing has been approved in writing by the local planning authority. 18. The existing trees, shrubs, and hedges shown on drawing no. ACR_01_Rev5 within the application site shall be permanently retained and shall not be cut down, grubbed out, lopped or uprooted. Any trees, shrubs or hedges removed or being severely damaged or becoming diseased shall be replaced with trees, shrubs or hedging plants of the equivalent size and species. 19. No means of external illumination/lighting or form of audible alarm shall be installed on the site without the prior written consent of the local planning authority. 20. The rating level of any noise generated by reason of this development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at nearby noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:2014 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas. 21. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. 22. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 22 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 23. The development shall be carried out in accordance with the recommendations contained within the approved Drainage Strategy and Flood Consequences Assessment dated February The measures as approved shall be implemented in their entirety prior to the first beneficial use of the development for the production of electricity. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, To ensure that the development fully complies with the appropriate policies and standards. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 149

13 4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 6. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 7. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 8. In the interests of highway safety. 9. To ensure the formation of a safe and satisfactory access. 10. In the interest of the amenity of the surrounding occupiers of the site and in ensuring that the development is not detrimental to highway safety. 11. In order to protect and enhance habitat which would otherwise be lost or damaged by the proposed development. 12. In order to protect and enhance habitat which would otherwise be lost or damaged by the proposed development. 13. In order to protect and enhance habitat which would otherwise be lost or damaged by the proposed development. 14. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted. 15. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted. 16. To ensure that the retained trees are adequately protected during development in the interests of amenity. 17. To ensure that the retained trees are adequately protected during development in the interests of amenity. 18. In order to protect existing boundary vegetation in the interests of the visual amenity of the area. 19. To protect the amenities of the occupiers of nearby properties and to ensure that the openness of the Green Barrier is maintained. 20. To protect the amenities of the occupiers of nearby properties. 21. In the interests of the amenities of the future occupants of the buildings 22. In the interests of the amenities of the future occupants of the buildings 23. In order to prevent any adverse impacts of surface water runoff as a result of the development. NOTE(S) TO APPLICANT Further advice on compliance with condition no. 21 may be obtained by contacting the Council's Environmental Protection Team on Should the investigation identify contamination issues that may affect receptors other than the site users e.g. groundwater, then it is recommended that these works are also addressed in consultation with the Housing and Public Protection Department prior to commencement of works on site. The proposed development lies within an area that has been defined by The Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and 150

14 previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place. It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action. Property specific summary information on past, current and future coal mining activity can be obtained from: If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to The Coal Authority on Further information is available on The Coal Authority website at: The separate written consent of the Local Highway Authority must be obtained before any work is carried out within the confines of the highway. A licence should be obtained (as required by section 184 of the Highways Act 1980) from the Highway Authority in order to lower the kerbline and cross the footpath at the new access position. Further guidance can be obtained from the Highways Department of Wrexham County Borough Council on telephone