Application Reference: 14/00836/FUL. Site: South Ockendon Quarry And Landfill Site Medebridge Road South Ockendon Essex

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1 Reference: 14/00836/FUL Site: South Ockendon Quarry And Landfill Site Medebridge Road South Ockendon Essex Ward: Ockendon Proposal: Erection of solar Photovoltaic (PV) arrays with associated infrastructure (ancillary equipment includes inverters, transformers and substations), access tracks, fencing, security including pole mounted CCTV on Ockendon Landfill Site. Plan Number(s): Reference Name Received OC002 Site boundary OC003 Site constraints and opportunities OC004 Site Design Plan OC005 Mitigation and Enhancements Plan PL005 Technical details invert transformer station PL006 DNO Switchstation PL006.1 Client side switchstation PL007 Gate, fence and construction road detail PL008 Racking system PL009 Indicative 132Kv compound The application is also accompanied by: Planning Statement, July 2014 (revised version rec ) Planning Statement Addendum on Flood Risk, 15 th October 2014 Agricultural Land Assessment of Need, 19 th September 2014 Design and Access Statement, July 2014 Environmental Statement Vol 1 Non-technical summary, July 2014 Environmental Statement Vol 2 Text and drawings, July 2014 Environmental Statement Vol 3 Technical Appendices, July 2014 Community Involvement Report, July 2014 Transport and Access Appraisal Flood Risk Assessment, October 2014 Geophysical Survey, September 2014 Scheduled Monument Management Plan rec

2 Applicant: Veolia Environmental Services Ltd & Reg Solarpower Validated: 29 July 2014 Date of expiry: 18 November 2014 Recommendation: Approve, subject to conditions and s.106 Agreement. 1.0 DESCRIPTION OF PROPOSAL 1.1 The application proposes the installation of solar PV arrays comprising rows of fixed Photovoltaic (PV) panels and associated ancillary infrastructure. The purpose is to generate renewable electricity which can be fed into the local distribution network. Agriculture will continue in the form of sheep grazing under the panels. 1.2 The application site area is ha. Approximately 30% of the operational area will be developed with the remaining 70% comprising grassed spaces between rows, field margins, shaded areas and/or areas for landscape enhancement. 1.3 The applicant advises The solar PV will generate up to around 38 MWp of renewable electricity. Over the course of a year, a solar farm of this capacity is expected to produce 34.9 GWh, sufficient electricity to meet the annual electricity demand of approximately 8,200 homes and save around 15,000 tonnes of CO2 per year (planning statement, para 3.5). 1.4 Planning permission is sought for a temporary period of 27 years. This includes up to 1 year for construction, a 25 year operational period and 1 year for decommissioning. The proposed landscaping, Public Rights of Way and habitat enhancements are to be retained. The various elements of the proposal are further described below; 1.5 Solar Panels The solar PV panels are proposed to be mounted onto galvanized metal frames set on to the ground by concrete blocks. These are non-penetrative, sitting on top of the restored ground of this formal landfill. The solar panels are organised into arrays and laid out in east-west rows. Each individual panel is proposed to be tilted southwards at approximately 20 degrees from the horizontal. The proposal is a static design with no moving parts. 1.6 The solar panels would be around 2.6 metres from ground level to the top of the panel frame. The lowest edge of the panels will be around 1 metre above the ground. The ground under the panels areas between rows will remain as grassed spaces.

3 1.7 Inverter-transformer stations The installation of inverter-transformer stations are required to convert the direct current (DC) electricity output of the solar array into alternating current (AC) power for compatibility with the electricity distribution network. There are 19 proposed inverter-transformer stations proposed across the various land parcels. These are proposed to be housed in containers measuring 3 metres high, 2.5 metres wide and 6 metres long. 1.8 Switching stations The proposal contains four switching stations. Two switching stations to be adopted by the Distribution Network Operator (DNO) and another two switching stations to be adopted by the applicant. These comprise cabinets mounted on a concrete plinth. DNO switch stations measure 3.5 metres high, 2.4 metres wide and 9.7 metres long and client switch stations measure approximately 3.5 metres high, 3.5 metres wide and 10 metres long. Access will be made available to the two switching stations for occasional operation, maintenance and security kV substation This is proposed within Area A (described below) to collect the electricity generated by the solar PV and transmit this electricity along an underground cable into the existing Warley 275kV substation. The substation will be unmanned. The substation comprises two compounds and an adjoining custom built, brick or steel clad single storey substation control building measuring 5.5m in height with a footprint of 18m by 9m. The substation is proposed to be enclosed by a 2.7m high steel palisade security fence. The applicant advises that whilst the substation will not generally be illuminated during the hours of darkness, there is a requirement for floodlighting to enable personnel to work safely should emergency maintenance be required Security and fencing Two metre high fences are proposed to be constructed around each land parcel (described below). This is proposed to be deer proof stock fencing fixed to the ground with by either gabions or concrete blocks. These are non-penetrative, sitting on top of the restored ground, in order to protect the integrity of the landfill cap and underground gas extraction pipes. The perimeter security fence is proposed to incorporate gaps every 50 metres to facilitate the passage of small mammals. Vehicle gates are proposed to be incorporated into the fencing system to allow vehicle and pedestrian access to the inverters-transformer stations for operation and maintenance activities. The gates will be approximately 3 meters wide. Safety signage is proposed to be displayed on the fencing and gates.

4 1.11 Infra-red and/or thermal imaging security cameras are proposed to be located along the fence line, attached to 3 metre tall posts or the fence itself Lighting No external lighting will be required generally, other than temporarily during construction, but the switching stations will be provided with passive infrared sensor activated external lights Cabling On-site cabling above the landfill areas is proposed within cable trays attached to the galvanised metal racking systems or installed within semi-buried concrete cable troughs to avoid any potential conflict with existing pipework and prevent penetrating the capping layer on the former landfill. On-site cabling in areas where there is no landfill will be buried underground at a typical depth of between 600mm and 800mm The applicant advises that the distribution network connection will be the responsibility of the Distribution Network Operator (DNO) and does not form part of this planning application. The applicant advises that the connection is anticipated to be via underground cables minimising any visual impact or impact on the openness of the Green Belt (ES, 2.3.1) Hardstanding Construction and access roads will be required for each land parcel, and will generally extend from the vehicle gate to the centre of the site. The roads are proposed to be a maximum of 5.5 metres wide, comprising compacted stone 300mm road base and sub base, and geotextile layer Temporary construction compound Five temporary construction compounds are proposed to be created, varying in size from around 700sq. metres to 2,400 sq. metres. These are shown on the site design plan OC004. The compounds will accommodate temporary portacabin-type buildings in addition to an area for material storage and for construction delivery vehicles to turn around. Some of the portacabins will be used for offices, toilets, canteen and storage. The compounds will contain temporary parking spaces for staff. At the end of the construction period, the compound and all equipment will be removed The site and nature of proposals

5 The site is owned and operated by Veolia. Most of the Veolia site has a history of clay quarrying and landfilling although these activities are either complete or mothballed. Some of the Veolia site is however undisturbed by landfilling The total site area of ha is made of seven areas as shown on Drawing OC004 and described below; Area A comprises a single arable field which remains undisturbed by minerals extraction and landfill. This is located in the north-eastern corner of the site, to the east of the mothballed extraction area. There are existing mature trees to the east and south. New planting is proposed along the northern and western boundaries of Area A in the form of a new hedgerow allowed to grow to a height above the solar panels. Next to and to the west of Area A is Area A+, which is a small arable field. This area is undisturbed by landfill and clay quarrying. The landscaping proposals include filling the gaps in the existing hedgerow along the northern boundary of field A+ and allowing it to grow to a height above the solar panels. To the immediate west of this area and outside the application site is a clay extraction pit and landfill area neither of which is proposed to be developed with solar PV. Clay extraction is currently suspended however planning permission remains for further extraction with restoration due to be completed by Further to the west of the clay pit is a mothballed landfill site. Whilst areas have been permanently restored, capacity remains on part of the site for landfilling and these areas have been temporarily restored. Area D is the largest field proposed for installation of solar PV. This area has been landfilled and subsequently restored (capped with clay and topsoil) and is currently in agricultural use (arable). Near to the north-west corner of Area D is a landfill gas extraction, flare facility and leachate management plant. New native planting is proposed along parts of the northern and southern boundaries of this area to fill the gap in the planting between South Ockendon Hall and the edge of Area D. New native planting is proposed in a line across the northern part of field D, running parallel to the south of footpath 136, offset by 50m south. The application proposes reinstatement of hedgerows running perpendicular to each other across field D in the location of historic field boundaries that were lost as a result of the minerals extraction process. Area D+ is a smaller field to the west of Area D proposed for the installation of solar PV. It is previously undeveloped and currently comprises agricultural land. There is existing substantial planting around the boundary of this area. Areas C is located to the east of Area D. This is an area of former landfill restored to agriculture. This part of the site contains little existing landscaping

6 along its boundaries. The application proposes the creation of a m high native hedgerow along the northern boundary. New tree planting is proposed along the eastern edge of Area C. Area E is located to the south-west of Area D. This is an area of former landfill restored to agriculture. This part of the site contains mature hedgerows to its boundaries. The application proposes the creation of wildflower meadow around the perimeter of the field. Area F is the most southern land parcel and lies to the south of Area E. This is an area of former landfill restored to agriculture. This part of the site contains mature hedgerows / tree belts to its northern, southern and western boundaries. The application proposes the creation of wildflower meadow around the perimeter of the field Vehicular Access Existing access to the site is via Medebridge Road which is accessed directly from the A13. Medebridge Road is a substantial two-lane tarmacked road Procedure 1.21 The development is an EIA development, therefore, the application has been accompanied by an Environmental Impact Assessment (EIA). The EIA considers the environmental effects of the proposed development during construction and also when completed and includes measures either to prevent, reduce or offset any significant adverse effects on the environment. The findings of the EIA are presented in an Environmental Statement (ES) submitted with the application. The ES is accompanied by a large number of technical appendices. The contents of the EA are listed in the supporting documents section of this report The Council has a statutory duty to consider environmental matters and an EIA is an important procedure for ensuring that the likely effects of new development are fully understood and taken into account before development proceeds. EIA is, therefore, an integral component of the planning process for significant developments. EIA leads to improved decision making by providing the development control process with better information. EIA not only helps to determine whether development should be permitted but also facilitates the drafting of planning conditions and legal agreements in order to control development, avoid or mitigate adverse effects and enhance beneficial effects. It is vital that the environmental issues raised by the application are assessed in a robust and transparent manner.

7 1.23 In order to fulfil the requirements of the EIA Regulations it is necessary to ensure (a) that the Council has taken into account the environmental information submitted, and (b) that any planning permission granted is consistent with the development which has been assessed. To achieve this second objective the Council has the ability to impose conditions and secure mitigation measures by Section 106 obligations With reference to procedure, this application has been advertised as being accompanied by an Environmental Statement, as a departure from the Development Plan and affecting public footpaths. Any resolution to grant planning permission would need to be referred to the Secretary of State under the terms of the Town and Country Planning (Consultation) (England) Direction 2009 with reference to the other development which, by reason of its scale or nature or location, would have a significant impact on the openness of the Green Belt. The Direction allows the Secretary of State a period of 21 days (unless extended by direction) within which to call-in the application for determination via a public inquiry. In reaching a decision as to whether to call-in an application, the Secretary of State will be guided by the published policy for calling-in planning applications and relevant planning policies Planning obligations - Below is the applicants proposed Heads of Terms HoT 1 Financial contribution to Improvements to public footpath network, bridleways and access to the Countryside Public Improvement Fund: Financial contribution of 225,000 (indexed) towards implementation of measures to manage, improve and enhance the public right of way network, bridleway network and access to the Countryside within the Mar Dyke area for the purposes of assisting the Council in achieving the aims and objectives of Policies CSSP4, CSSP5, PMD6 of the Core Strategy and Policies for Management of Development (December 2011) and the Thurrock Green Grid Strategy Policy or any subsequent amended Green Grid Strategy. 1.1 The Developer pay 50% of the Public Improvement Fund to the Council six months after the commencement of development. The Developer will pay the remaining 50% to the Council twelve months after the commencement of development. 1.2 For a period of ten years the Council will be entitled to draw down on and apply the funds towards implementation of measures to manage, improve and enhance the public right of

8 way network, bridleway network and access to the Countryside within the Mar Dyke area for the purposes of assisting the Council in achieving the aims and objectives of Policies CSSP4, CSSP5, PMD6 of the Core Strategy and Policies for Management of Development (December 2011) and the Thurrock Green Grid Strategy Policy or any subsequent amended Green Grid Strategy. 1.3 In the event the funds or any part of the funds are not applied by the Council within 10 years from the Exportation Date they will be returned to the party who placed the Public Footpath Improvement Contribution on deposit together with interest unless such funds are contractually committed towards the purpose for which the contribution is to be expended. 2.0 SITE DESCRIPTION 2.1 The site extends to hectares. The application site (referred to hereon as the site ) comprises seven land parcels located to the west of Orsett Fen and to the north east of South Ockendon, some 500m east of the western boundary of Brandon Groves. 2.2 Areas C, D, D+, E and F were originally a minerals extraction site which was then used for waste landfill. These areas of the site have been filled, capped and restored to agricultural use, although landfill gas extraction and leachate management activities are ongoing. 2.3 The site layout plan (Drawing OC004) divides the site into different site areas described below; Area A comprises a single arable field (Agricultural Land Classification (ALC) Grade 3B) marked along the eastern and southern boundaries by Public Right of Way (PRoW) No Next to Area A is Area A+, is made up of a small arable field and areas of scrub and bushes. These areas are undisturbed by landfill and clay quarrying. Site areas A, A+ are generally flat and low lying at between 5 and 12m AOD. To the immediate west of this area and outside the site is a clay extraction pit and landfill area. Clay extraction is currently suspended however planning permission remains for further extraction with restoration due to be completed by The area affected by clay extraction comprises a water filled pit and land which is not restored to natural levels. Further to the west of the clay pit is a mothballed landfill site. Whilst most of the area has been permanently restored, capacity remains on part of the site for landfilling and these areas are

9 restored temporarily. PRoW 136 runs along the southern boundary of the landfill and clay pit. To the south of the PRoW 136 is Area D a large field proposed to be used for installation of solar PV. This area has been landfilled but has been capped with clay and topsoil and is currently in arable use (ALC Grade 3B). Site area D is the largest and most prominent, being formerly used as landfill and rising to around 24m AOD, bounded by tracks and field hedgerows. To the north-west of Area D is a landfill gas extraction and flare facility. Areas C, E and F are smaller, former landfill sites. These three areas will also be used for the installation of solar PV. There is a large pond to the east of area F. Site areas C, E and F have been restored with land rising above surrounding topography up to 23m AOD. 2.4 At the southern extremity of site there is a weighbridge, a landfill gas electricity generation plant and control building and a building used by Veolia for site management and security. 2.5 There are small blocks of mature woodland and tree belt planting located within and along the periphery of the site include a mix of primarily deciduous species. 2.6 The land to the south, east and north east of the site is fenland and characterized by low-lying and level landform. The settlement boundary of South Ockendon is located around 500 metres to the west of the site and in between a number of scattered dwelling houses and other properties on roads leading out of the village. Surrounding land uses also include Grangewaters Water Sports Centre to the south west. Ockendon Hall is a residential property located around 300 metres from the western boundary of the site and near to the mothballed landfill area. Next to Ockendon Hall, is a Grade II listed building and two Scheduled Monuments, a Medieval moat and Roman barrow. 2.7 Existing access to the site is via Medebridge Road which is accessed directly from the A13. Medebridge Road is a substantial two-lane tarmacked road. Beyond the entrance to the site is a private metalled road providing access between the various areas for HGVs. This eventually crosses PRoW 136 and provides access to the clay pit. PRoW 136 is a gravelled track passing between the clay pit, landfill and Area A to the north and Area D and landfill gas facilities to the south. PRoW 136 is the only publically accessible area within the site and links South Ockendon with the Mar Dyke to the east. 3.0 RELEVANT HISTORY 3.1 A number of planning applications related to the ongoing waste management and mineral operation activities within and immediately adjacent to the site. A selection of significant permissions is set out below.

10 Reference Description Decision 61/00666/FUL Extraction of clay from Approved - 28 June acres of land at Grange Farm, Ockendon being Parcels 183, 150, 204, 196, 203, 200, 186, 187 and 203a 71/01087/FUL Tipping of domestic, trade and industrial, including toxic Approved - 26 March 1974 refuse and construction of New Approach Road. THU/469/82 Extension of clay workings (to Approved form areas II and III). 98/00712/MIN Review of planning conditions No decision made attached to existing planning permissions concerning extraction of clay and/or landfilling with waste materials; as required by the Environment Act /01067/FUL Landfill gas utilisation facility Approved - 20 July /00022/LDC Operation of clay quarry in Approved - 21 Dec 2004 accordance with proposed conditions under local planning authority reference 98/00712/MIN as detailed in the report to Development Control & Regulatory Committee dated 21st June 2000 and amendments in letter dated 27th April /P/00955/TTGFUL Construction of a leachate Approved - 15 Dec 2005 treatment plant and landscaping. 05/00988/TTGMIN Installation of a gas utilisation plant for electricity generation and landfill gas control. Plant to consist of up to 3 engine generator sets and high temperature flare to be used for gas control during engine downtimes, welfare facilities, storage container and switch room Approved - 15 Dec 2005

11 4.0 CONSULTATIONS AND REPRESENTATIONS 4.1 PUBLICITY: 4.2 The application was advertised by way of press advertisement and site notices. In addition, neighbours were notified by letter. At the time of drafting this report 75 letters of representation had been received. Members will be advised on any further representations received. 4.3 South Ockendon Community Forum advises; Members of the above charitable community organisation have taken part in several consultation meetings with developers of this site, in both Ockendon and Belhus wards. Residents raised concerns and the developers were able, in a very clear and informative way, to put people s minds at rest as to the environmental and social impact of this development. In consequence we feel confident to support this application, as we recognise that now the site is closed as landfill, this Solar Farm will be a suitable solution for the site, bringing renewable energy to the area and showing the way to future energy options. It will not impact on any residential areas and will be securely fenced. I will be in attendance at the planning meeting on 13 th November and would be happy to speak if further clarification is deemed necessary 4.4 Two letters have been received objecting to the proposal on the following grounds; - Spoil views; - Impact of sunlight glare; - Concern regarding fire safety. Area F includes two transformers / substations and is close to wooded areas and grazing land. The letter asks is provision could be made for a water pipe letters of support have been received. 17 of which are on pro-formas and offer general support. 54 are written on proformas which express support on the following grounds; - The application should be supported as it would have the capacity to produce enough clean, renewable energy for around 8,200 home annually; - The land was previously used for mineral extraction and landfill and solar would be a productive use of the site; - The trees and hedging around provide excellent screening which will be bolstered by further planting and landscaping; - The construction traffic route would be via the existing access to the south of Merebridge Road thus avoiding going through South Ockendon.

12 4.6 One letter does not object or support but poses the following questions; - Questions whether the installation and maintenance will be subsidised by the taxpayer. [Comment: this is not a planning matter] - Questions whether there is the possibility that the development will extend beyond the planned area. [Comment: the application relates to a defined area] - There is an opportunity to financially compensate the local community for the loss of landscape and heritage assets which resulted from the landfill operations. [Comment: The planning legislation does not make such provision]. 4.7 Thurrock Council s Outdoor Education Manager advises that the proposed development will have no detrimental effect on either the site of Grangewaters Outdoor Education Centre or the services delivered from the site. The letter adds support for the delivery of alternative and environmentally friendly sources of energy and considers the proposal to be less intrusive that landfill. The letter adds that it would be desirable for Grangewaters to gain vehicular access along Medebridge Road (the access to the landfill site), as an alternative to the current access from Buckles Lane given the nature of the road and incidents of anti-social behaviour. The letter adds that the car park at Grangewaters is no more than 10m from Medebridge Road and as such providing this access would be relatively straightforward. It also adds that in 2011 there had been discussions between Veolia and Grangewater in this regard, and as either part of the current planning process or running concurrently with that process, might be the opportunity to gain permission and funding to create this link. The letter adds that a change to the vehicular access would not affect the existing pedestrian access to the Grangewaters site which is regually used by local residents. [Note: The request from the Outdoor Education Manager was received immediately prior to the publication of this report. The above request together with proposals to create a Bridleway link in the south-eastern corner of the site has been forwarded to the applicant for their consideration and comment. Members will be updated at Committee]. 4.8 Unless addressed above, the issues raised in the representations are considered in the body of the report. 4.9 Detailed below is a summary of the consultation responses received. Full versions can be viewed on the Council s web site THURROCK COUNCIL HIGHWAYS: No Objections PMD10 Transport Assessment and Travel Plans - The traffic impact of the proposed Solar PV Farm is generally only during the construction period and at the

13 decommissioning stage at the end of the design life of the farm in 25 year time and is acceptable. PMD9 Road Network Hierarchy The number of proposed vehicle movements is acceptable and below historic rates. Access is acceptable. Construction/Commissioning and De-commissioning phases of the proposed PV Farm require a Construction Environment Management Plan. No objection in relation to PMD8 Parking Standards and PMD2 Design and Layout THURROCK COUNCIL ENVIRONMENTAL HEALTH: There should be no impact to the closest sensitive receptors in relation to noise. The principal mitigation measure will be by restriction in hours of construction and recommend the hours of construction and decommissioning should be limited to to Monday to Friday, to Saturday, with none on Sundays and Public Holidays. During the construction and decommissioning phase, a watching brief should be maintained during these periods. If any gross contamination or odorous material is exposed during the phases, work should cease, an investigation undertaken and a contingency scheme should be submitted to the local planning authority for approval before construction continues THURROCK COUNCIL LANDSCAPE AND ECOLOGY CONSULTANT Most of the site has been subject to mineral extraction and landfilling in the past although the majority of the area has now been restored to arable farmland. As part of these operations tree belts have been planted previously which would help screen most of the proposed arrays. However some of the restored land is higher than the surrounding area which will result in some views of the arrays. The main visual effects will be caused by the proposed arrays in Area D & D+ which are close to South Ockendon Hall moat, a Scheduled Ancient Monument and the adjacent public footpath. There are also longer views from the edge of Brandon Groves over these areas. Although it is proposed to undertake tree planting on the boundary and along the Public Footpath which passes between the moat and the site this will take some time to establish and fully screen the arrays. While it is accepted that the development would have adverse effects on landscape character and views from some key locations it is considered that these are not significant due to the current landscape quality and the nature of the development. If permission in granted for this scheme a detailed landscape scheme would be required; this can be dealt with by condition. The proposed habitat management

14 plan should cover the establishment and longer term management requirements of the proposed tree, hedge and meadow plantings. Detailed ecological assessments have been carried out for the site; these conclude the site contains habitats of general limited quality which in turn support limited species. Through the proposed mitigation scheme it will be possible to achieve a positive enhance of the habitats within the site. It is noted that it is proposed to produce a habitat management plan in advance of any development and this should be conditioned as it will be essential to ensure the greatest biodiversity benefits ENVIRONMENT AGENCY: Raise an objection on flood risk grounds. Flood Risk - The proposed development to be partially located within Flood Zones 3a and 2, however, the majority of the site is located in Flood Zone 1, the low risk zone. Despite this, the proposed scale of development may present risks of flooding on-site and/or off-site if surface water runoff is not effectively managed. The submitted FRA contains insufficient evidence for us to correctly access the proposal. If you consider the development to be essential infrastructure, the application will be required to pass both the Sequential and Exception Tests, as well as being supported by a site-specific FRA. If the development is considered to be less vulnerable, it will need to pass the Sequential Test and be supported by an FRA. Landfill - We have no objection to the development in respect of developing on the landfill. However, it is essential that the integrity of the clay cap is maintained and not compromised during construction and/or long term use of the arrays. Infiltration SuDS will not be appropriate for surface water management in the areas of the site where landfilling has taken place ENGLISH HERITAGE: Accept that the panels on land parcels D+ and E will be screened by the topography and will not cause harm to the setting of the scheduled monument at South Ockendon Hall. Part of Area D would be more prominent than thought when the monument is viewed in its landscape setting from the footpath. The scheme is therefore likely to result in a degree of harm to the significance of the monument. The advice letter refers to the potential to offset harm by the enhancement and interpretation of the scheduled monument via removal of ivy from the gatehouse and erection of interpretation boards ESSEX COUNTY COUNCIL ARCHAEOLOGY:

15 Conclude that it is unlikely that the proposed development will impact on previously unknown archaeological deposits and therefore are not proposing any archaeological condition placed on the planning application NATIONAL GRID : No objections. 5.0 POLICY CONTEXT 5.1 National Planning Policy Framework 5.2 The NPPF was published on 27 th March Paragraph 13 of the Framework sets out a presumption in favour of sustainable development. Paragraph 196 of the Framework confirms the tests in s.38 (6) of the Planning and Compulsory Purchase Act 2004 and s.70 of the Town and Country Planning Act 1990 and that the Framework is a material consideration in planning decisions. Paragraph 197 states that in assessing and determining development proposals, local planning authorities should apply the presumption in favour of sustainable development. 5.3 The following headings and content of the NPPF are relevant to the consideration of the current proposals; 1. Building a strong, competitive economy 3. Supporting a prosperous rural economy 4. Promoting sustainable transport 7. Requiring good design 8. Promoting healthy communities 9. Protecting Green Belt land 10. Meeting the challenge of climate change, flooding and coastal change 11. Conserving and enhancing the natural environment 12. Conserving and enhancing the historic environment 5.4 Planning Practice Guidance (PPG) 5.5 In March 2014 the Department for Communities and Local Government (DCLG) launched its planning practice guidance web-based resource. This was accompanied by a Written Ministerial Statement which includes a list of the previous planning policy guidance documents cancelled when the NPPF was launched. PPG contains 42 subject areas, with each area containing several subtopics. Those of particular relevance to the determination of this planning application comprise: Climate change Conserving and enhancing the historic environment

16 Design Environmental Impact Assessment Flood Risk and Coastal Change Land affected by contamination Light pollution Natural Environment Open space, sports and recreation facilities, public rights of way and local green space Renewable and low carbon energy Use of Planning Conditions 5.6 The PPG states that the need for renewable or low carbon energy does not automatically override environmental protections. The first part of the Solar PV Strategy, published in October 2013, states that solar PV should be appropriately sited, give weight to environmental considerations such as landscape and visual impact, heritage and local amenity, and provide opportunities for local community to influence decisions that affect them. 5.7 The PPG sets out criteria for assessing ground-mounted solar project planning applications. The following is taken from the guidance (Paragraph: 013, Reference ID: ): The deployment of large-scale solar farms can have a negative impact on the rural environment, particularly in undulating landscapes. However, the visual impact of a well-planned and well-screened solar farm can be properly addressed within the landscape if planned sensitively. Particular factors a local planning authority will need to consider include: 1. Encouraging the effective use of land by focussing large scale solar farms on previously developed and non-agricultural land, provided that it is not of high environmental value. 2. Where a proposal involves greenfield land, whether (i) the proposed use of any agricultural land has been shown to be necessary and poorer quality land has been used in preference to higher quality land; and (ii) the proposal allows for continued agricultural use where applicable and/or encourages biodiversity improvements around arrays. See also a speech by the Minister for Energy and Climate Change, the Rt Hon Gregory Barker MP, to the solar PV industry on 25 April That solar farms are normally temporary structures and planning conditions can be used to ensure that the installations are removed when no longer in

17 use and the land is restored to its previous use. 4. The proposal s visual impact, the effect on landscape of glint and glare (see guidance on landscape assessment) and on neighbouring uses and aircraft safety. 5. The extent to which there may be additional impacts if solar arrays follow the daily movement of the sun. 6. The need for, and impact of, security measures such as lights and fencing. 7. Great care should be taken to ensure heritage assets are conserved in a manner appropriate to their significance, including the impact of proposals on views important to their setting. As the significance of a heritage asset derives not only from its physical presence, but also from its setting, careful consideration should be given to the impact of large scale solar farms on such assets. 8. Depending on their scale, design and prominence, a large scale solar farm within the setting of a heritage asset may cause substantial harm to the significance of the asset. 9. The potential to mitigate landscape and visual impacts through, for example, screening with native hedges. 10. The energy generating potential, which can vary for a number of reasons including, latitude and aspect. The approach to assessing cumulative landscape and visual impact of large scale solar farms is likely to be the same as assessing the impact of wind turbines. However, in the case of ground-mounted solar panels it should be noted that with effective screening and appropriate land topography the area of a zone of visual influence could be zero. 5.8 UK Solar PV Strategy 5.9 The Government has produced a UK Solar PV Strategy which set out the guiding principles for deployment of solar in the UK. These principles are: Support for solar PV should allow cost-effective projects to proceed and to make a cost-effective contribution to UK carbon emission objectives in the context of overall energy goals ensuring that solar PV has a role alongside other energy generation technologies in delivering carbon reductions, energy security and affordability for consumers. Support for solar PV should deliver genuine carbon reductions that help meet the UK s target of 15 per cent renewable energy from final consumption by 2020 and in supporting the decarbonisation of our economy in the longer term ensuring that all the carbon impacts of solar PV deployment are fully understood. Support for solar PV should ensure proposals are appropriately sited, give proper weight to environmental considerations such as landscape and visual

18 impact, heritage and local amenity, and provide opportunities for local communities to influence decisions that affect them. Support for solar PV should assess and respond to the impacts of deployment on: grid systems balancing; grid connectivity; and financial incentives ensuring that we address the challenges of deploying high volumes of solar PV Local Planning Policy 5.11 Thurrock Local Development Framework 5.12 The Council adopted the Core Strategy and Policies for the Management of Development Plan Document in December The Adopted Interim Proposals Map shows the site as falling within the Green Belt. The following Core Strategy policies apply to the proposals: Spatial Policies CSSP3: Sustainable Infrastructure CSSP4: Sustainable Green Belt CSSP5: Sustainable Greengrid Thematic Policies CSTP9: Well-being: Leisure and Sports CSTP15: Transport in Greater Thurrock CSTP18: Green Infrastructure CSTP19: Biodiversity CSTP20: Open Space CSTP21: Productive Land CSTP22: Thurrock Design CSTP23: Thurrock Character and Distinctiveness CSTP24: Heritage Assets and the Historic Environment CSTP25: Addressing Climate Change CSTP26: Renewable or Low-Carbon Energy Generation CSTP27: Management and Reduction of Flood Risk CSTP33: Strategic Infrastructure Provision Policies for the Management of Development PMD1: Minimising Pollution and Impacts on Amenity PMD2: Design and Layout PMD4: Historic Environment PMD5: Open Spaces, Outdoor Sports and Recreational Facilities PMD6: Development in the Green Belt PMD7: Biodiversity, Geological Conservation and Development

19 PMD8: Parking Standards PMD9: Road Network Hierarchy PMD10: Transport Assessments and Travel Plans PMD13: Decentralised, Renewable and Low Carbon Energy Generation PMD15: Flood Risk Assessment PMD16: Developer Contributions 5.13 Focused Review of the LDF Core Strategy 5.14 This Review was commenced in late 2012 with the purpose to ensure that the Core Strategy and the process by which it was arrived at are not fundamentally at odds with the NPPF. There are instances where policies and supporting text are recommended for revision to ensure consistency with the NPPF. The Review was submitted to the Planning Inspectorate for independent examination in August An Examination in Public took place in April 2014 and the Core Strategy Focused Review was approved on 15 October The Inspector has found that, provided modifications are made, the Thurrock Core Strategy Focused Review is sound Draft Site Specific Allocations and Policies DPD 5.16 This Consultation Draft Issues and Options DPD was subject to consultation commencing during The Draft Site Specific Allocations DPD Further Issues and Options was the subject of a further round of consultation during The application site has no allocation within either of these draft documents. The Planning Inspectorate is advising local authorities not to continue to progress their Site Allocation Plans towards examination whether their previously adopted Core Strategy is no longer in compliance with the NPPF. This is the situation for the Borough Thurrock Core Strategy Position Statement and Approval for the Preparation of a New Local Plan for Thurrock 5.18 The above report was considered at the February meeting 2014 of the Cabinet. The report highlighted issues arising from growth targets, contextual changes, impacts of recent economic change on the delivery of new housing to meet the Borough s Housing Needs and ensuring consistency with Government Policy. The report questioned the ability of the Core Strategy Focused Review and the Core Strategy Broad Locations & Strategic Sites to ensure that the Core Strategy is upto-date and consistent with Government Policy and recommended the parking of these processes in favour of a more wholesale review. Members resolved that the Council undertake a full review of Core Strategy and prepare a new Local Plan. It is anticipated that a new Local Plan for Thurrock could be adopted by early ASSESSMENT 6.1 The principal issues relates to;

20 I. Principle of the development and impact on the Green Belt II. Landscape and visual impact III. Impact upon agricultural land IV. Ecological implications V. Impact upon amenity, air quality and the noise environment VI. Impact on ground conditions VII. Impact on heritage assets VIII. Highways issues IX. Flood risk X. Community and Socio-economics including social infrastructure and statement of community involvement I. Principle of the development and impact on the Green Belt 6.2 Use of agricultural land 6.3 The Policy Section of this report sets out the relevant section of the Planning Practice Guidance (PPG) on planning considerations that relate to large scale ground-mounted solar photovoltaic farms. Factors a local planning authority need to consider include encouraging the effective use of land by focussing large scale solar farms on previously developed and non-agricultural land, provided that it is not of high environmental value. Whilst the site was a former part of a landfill it has been subsequently restored to agriculture and as such is not classed a previously developed land (PDL) within the NPPF definition. The PPG does not rule out the use of greenfield land whereby; (i) the proposed use of any agricultural land has been shown to be necessary and poorer quality land has been used in preference to higher quality land; and (ii) the proposal allows for continued agricultural use where applicable and/or encourages biodiversity improvements around arrays. 6.4 There is currently no guidance on the methodology for applying this assessment. The application is accompanied by an Agricultural Land Assessment of Need. It sets out the UK Policy context which includes a recognition that sensitively placed large-scale field based solar will continue to play a part in meeting the UK s energy mix. 6.5 The statement makes reference to the applicant s approach to identifying sites nationally. It also contains a search of non-agricultural sites within Thurrock to see if they offer a viable alternative when assessed against commercial, practical and sustainability criteria. This needs to be seen in the context of the need for renewables in the UK as defined by Government policy, which may mean that a combination of PDL and agricultural land could be needed.

21 6.6 In terms of rooftop mounted systems, the statement makes reference to the scale of domestic and commercial roof top systems that would be needed to offer alternative scale of generation (19,000 and 760 respectively) to that proposed. The statement concludes that this capacity is unlikely to be forthcoming and rooftops systems do not provide a viable or practical alternative to a ground-mounted solar farm of this scale. 6.7 The statement rules out other non-agricultural land such as quarries or landfill where they are active, mothballed or unsuitable. Having regard to the assessment, there are no preferable sites in Thurrock in this regard. In terms of PDL, the assessment considers a number of sites which comprise c.50% of the area of the site. The assessment contains a number of filters and assessment criteria, including current and future development plan allocations. Six sites are considered in detail. The assessment concludes that these PDL sites are either unavailable or unsuitable. 6.8 The statement refers to the legally binding targets for climate change and delivery of renewable energy at the national level. It also refers to LDF-CS Policy CSTP25 which sets out the borough targets for CO2 emissions reductions. Whilst the Policy is not specific as to renewable technologies to be employed or their scale, the proposal would contribute towards the achievement of these targets. Notwithstanding this, policy CSTP26 (Renewable or Low Carbon Energy Generation) states that The Council will promote the delivery of renewable and low-carbon energy developments utilising technology such as solar panels, biomass heating, small-scale wind turbine, photovoltaic cells, Combined Heat and Power and other methods. 6.9 Having regard to the assessment, it is considered that a development of this largescale is unlikely to be accommodated on PDL or non-agricultural land within Thurrock. The site is greenfield and is on agricultural land classified as sub-grade 3b (i.e. it is not best and most versatile land ), being for the most part former landfill. The proposal would allow for continued agricultural use and encourage biodiversity improvements around the arrays Green Belt designation 6.11 Paragraph 91 of the NPPF states; When located in the Green Belt, elements of many renewable energy projects will comprise inappropriate development. In such cases developers will need to demonstrate very special circumstances if projects are to proceed. Such very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable sources. In light of the conclusions of this report, it is considered that the development would impact on openness and conflict with purposes of including land in the Green Belt and therefore is inappropriate development in the Green Belt.

22 6.12 Development plan policy, as expressed in the LDF-CS, was adopted in December 2011, shortly before the NPPF was published in March However, the objectives of LDF policies are still consistent with national policies on Green Belt matters. LDF-CS policy CSSP4 (Sustainable Green Belt) sets out the objective of maintaining the purpose, function and open character of the Green Belt. Part 1 of this Policy relates to Balancing competing demands on the Thurrock Green Belt and states; the Council will; I. Maintain the permanence of the boundaries of the Green Belt, excepting the proposed Urban Extension Broad Locations Identified in this policy, Policy CSSP 1 and as shown on the Proposals Map. II. Resist development where there would be any danger of coalescence. III. Maximise opportunities for increased public access, leisure and biodiversity LDF-CS policy PMD6 (Development in the Green Belt) states that permission will only be granted for new development where it meets the requirements and objectives of PPG2. The NPPF has superseded PPG2, however the list of appropriate new buildings in the NPPF remains consistent with the former PPG2. The proposals constitute inappropriate development in the Green Belt Paragraph 87 of the NPPF states that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Paragraph 88 goes on to state; When considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. Very special circumstances will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations Inappropriate development is, by definition, harmful to the Green Belt, but it is also necessary to consider whether there is any other harm to the Green Belt and the purposes of including land therein At paragraph 79, the NPPF states that the fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open; the essential characteristics of Green Belts are their openness and their permanence. Whilst the application is proposing development for a temporary period, the proposals would comprise a substantial amount of development in an area which is substantially free from built development. Whilst it is recognised that the solar panels would following the surface profile, the proposal also include a substantial amount of ancillary development. It is considered that the amount and scale of development proposed would reduce the openness of the site. It is considered that the loss of openness, which is contrary to the NPPF, should be accorded weight in consideration of this application Paragraph 80 of the NPPF sets out five purposes which the Green Belt serves:

23 i. to check the unrestricted sprawl of large built-up areas; ii. to prevent neighbouring towns from merging into one another; iii. to assist in safeguarding the countryside from encroachment; iv. to preserve the setting and special character of historic towns; and v. to assist in urban regeneration, by encouraging the recycling of derelict and other urban land With regard to point (i) above, the NPPF does not define what constitutes a large built-up area. In this instance, the majority of the development would not directly adjoin the existing residential area of South Ockendon to the east. It is considered that the separation and the existing and proposed containment of the site are important characteristics which ensure that development of the site would not represent unrestricted urban sprawl With reference to the second purpose, given the nature of the development it is not considered that it would give rise to the perception of extending the settlement boundary. Furthermore, the site is some 0.5km to the west of the settlement boundaries of South Ockendon. Having regard to the above, it is not considered that there would be harm caused by compromising the wider sites role in preventing the merging of neighbouring towns or settlements With regard to the third purpose, the proposal would encroach development into what is for the most part currently agricultural land. Whilst the majority of the site would be contained by existing and new structural landscape, the proposal would nevertheless constitute a significant encroachment of built development into the green belt at this point With regard to the fourth purpose, part VII of this report considers the impact on cultural heritage. Having regard to the ES, it is not considered that the site performs an important function in preserving the setting and special character of a historic town The final purpose of including land within the Green Belt is to assist in urban regeneration, by encouraging the recycling of derelict and other urban land. Paragraph 91 of the NPPF tacitly recognises that renewable energy projects could be located within the Green Belt. In this instance, the site does not constitute previously developed land within the NPPF definition as it has been restored In light of the above, it is considered that the development proposed would be contrary to purpose (iii) detailed at paragraph 80 of the NPPF. In addition, there would be harm by reason of loss of openness This report analyses the key issues including the case advanced by the applicant, assesses any additional harm arising, concludes whether there are very special circumstances and whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.

24 6.25 Whether the harm to the Green Belt is clearly outweighed by other considerations, so as to amount to the very special circumstances 6.26 The Planning Statement submitted by the applicant to accompany the planning application sets out the applicant s case for development which is summarised under the following headings; 1. The urgent local and national need for increased production of renewable energy 2. Benefits to the Greengrid and Green Belt including ecology improvements 3. Safeguarding minerals and landfill capacity 6.27 Some interpretation of very special circumstances has been provided by the Courts. The rarity or uniqueness of a factor may make it very special, but it has also been held that the aggregation of commonplace factors could combine to create very special circumstances The section below summarises and considers the arguments advanced. The conclusions of this report will assess whether the harm to the Green Belt is clearly outweighed by other considerations, either collectively or individually. 1. The urgent local and national need for increased production of renewable energy 6.29 Part 4.0 of the applicants Planning Statement sets out a Renewable Energy Rationale. This summarises the findings of several international national and international on the impact of climate change. It also outlines that a key element of the Government s energy strategy is to provide support for low carbon technologies and in particular incentivising the development of renewable technologies. It summarises key international policy framework and domestic legislation and strategies The contribution which renewable energy can make towards sustainable development is recognised within the NPPF. Paragraph 17 of the NPPF lists 12 core planning principles which should underpin decision-making. Core principle six supports the transition to a low carbon future by encouraging the use of renewable resources for example, by the development of renewable energy Under the heading of meeting the challenge of climate change, flooding and coastal change paragraph 93 of the NPPF notes that planning plays a key role in supporting the delivery of renewable and low carbon energy and associated infrastructure. This is described as central to the economic, social and environmental dimensions of sustainable development. In order to increase the use and supply of renewable and low carbon energy, local planning authorities

25 should have a positive strategy to promote energy generation from these uses (NPPF para. 97). Consequently, there is considerable support within national planning policy for the generation of renewable and low carbon energy In terms of LDF-CS Policy, CSTP25 Addressing Climate Change states that the Council will ensure the following minimum reductions in CO2 emissions as an average across all sectors: 1) 14.3% by ) 19% by ) 23.6% by 2020 Paragraph sets out strategic priorities for climate change action which includes Increasing renewable and low carbon energy generation The Annual Monitoring Report 2013 reviewed progress against policy CSTP25 in This states that There was 49 megawatts of renewable energy capacity in Thurrock in With the installation of the Port of Tilbury Wind farm, this was an increase in capacity of 9.2 megawatts over the previous year Since the 2013 AMR the Council has approved two PV schemes which would make an additional contribution to the achieving the targets in the LDF-CS; Installation of ground mounted solar PV panels, 16x250w panels to produce a 4kw system. Evergreen Orchard, Peartree Lane, Bulphan, Essex RM14 3SP Ground mounted solar PV arrays and associated infrastructure to produce up to 10MW renewable energy. Fairwind Farm, Lower Dunton Road, Laindon, Essex (this is currently being built) 6.35 Paragraph 91 of the NPPF states that, in the case of renewable energy projects located in a Green Belt, the wider environmental benefits associated with the increased production of energy from renewable sources may comprise very special circumstances. In light of the above, the contribution the proposal would make towards clean energy generation and reducing carbon emissions is supported by national and local policy and accordingly should be afforded weight in the consideration of very special circumstances. 2. Benefits to the Greengrid and Green Belt including ecology improvements 6.36 The applicant states that for the duration of gas extraction and leachate management the site has restricted recreational use and the value as attractive areas of countryside is compromised. They highlight paragraph 81 of the NPPF which states; once Green Belts have been defined, local planning authorities should plan positively to enhance the beneficial use of the Green Belt, such as looking

26 for opportunities to provide access; to provide opportunities for outdoor sport and recreation; to retain and enhance landscapes, visual amenity and biodiversity; or to improve damaged and derelict land The applicant considers that the proposal would give rise to improvements to public access in accordance with the Council s Green Grid Strategy and development plan policies. The Greengrid Strategy is set out in the; 1. Greengrid Strategy (Thames Gateway South Essex, 2005), 2. The Green Infrastructure Plan for Thurrock Open Spaces Strategy ( ) 6.38 The Green Grid Strategy contains strategic framework guidance for Thurrock. The diagram on page 50 identifies the Mardyke Valley as a key Riverway 1 connection. It also identifies the existing public footpath network to the east of South Ockendon (i.e. Footpaths 131, 132 and 136) as existing rights of way / proposed links of strategic significance The Green Infrastructure Plan for Thurrock contains a plan Thurrock Green Infrastructure Framework Plan - Figure 4.13 Local Opportunities - Map3: Aveley and South Ockendon. This identifies the existing public footpath network in the area and proposed strategic links to the east of South Ockendon LDF Policies CSSP5 Sustainable Green Grid and CSTP18 Green Infrastructure seeks to deliver the Greengrid Strategy. Policy CSSP4 Sustainable Green Belt, under the heading Enhancing the Green Belt, states that the implementation of the Greengrid Strategy will form a critical component of the overall Green Belt strategy to retain open character, enhance public access and secure biodiversity within Green Belt The applicant has explored a number of options in this regard, namely; 1. Footpath (FP) 136 from The Green eastwards through to its junction with FP132 - Upgrade of existing footpath to include cyclists 2. Brandon Groves Estate route from Mollands Lane to its junction with FP134 - Upgrade Permissive bridleway to a definitive bridleway. 3. FP s 134, 132 and 136 eastwards from existing permissive bridleway above to the junction with the river Markdyke and Bridleway Upgrade existing footpaths to definitive bridleway. 4. Upgrade existing footbridge to a bridleway bridge over the river Mardyke 5. Upgrade definitive Bridleway 219 for shared use between bridge and Harrow Road 6. Create a new definitive link between FP135 and FP Financial contribution towards enhancing signage, works of maintenance, enhanced stiles / gates and measures to deter unauthorised access along existing PRoW and Public Footpaths.

27 8. Financial contribution towards works to maintain and improve Bridleway 219 along the Mardyke Valley. 9. Financial contribution to deliver Green Grid initiatives With regards 1 6 above, apart from a section of FP136 which bisects the site, these links fall outside of the ownership and control of the applicant. The applicant s agent has liaised with the respective landowners with regards to securing the works. The landowners raised concern about access improvements for fear of providing and encouraging access to unauthorised motorised vehicles. In light of this, it has not been possible to secure these enhancements at this stage. Notwithstanding this, as proposed at No.7 the applicant is proposing to provide funding which could be used towards enhancing signage, works of maintenance, enhanced stiles / gates and measures to deter unauthorised access along existing PRoW and Public Footpaths. Such works should be capable of implementation, would go some way in improving the existing network and could assist in addressing landowners concerns that are currently cited as an obstacle to securing improvements to the Green Grid network in this locality Footpath 136 provides a link from South Ockendon to Bridleway 219 which runs along the Mardyke Valley. The Council s Public Rights of Way Officer has advised that the currently bridleway needs physical works to re-instated the formal route in a number of places and would benefit from investment in this regard As detailed in the section 4 of this report, Officers are awaiting the applicant s consideration of a request to create a vehicular link between Medebridge Road and the Grangewaters Outdoor Education Centre. In addition, the potential to create a Bridleway link in the south-eastern corner of the site between the Mardyke Valley and Medebridge Road. Members will be updated at Committee Whilst details of links in the south eastern corner of the site are awaited, the applicant s proposed financial contribution would fund a range of initiatives to improve the existing Green Grid network, deliver measures which may unlock current obstacles to securing further Green Grid links and enhanced public access which could also be funded by way of the contribution. In light of the above, it is considered that such measures are in accordance with the Green Grid Strategy and the objectives of LDF Policies CSSP5 Sustainable Green Grid, Green Infrastructure and the relevant part of CSSP4 Sustainable Green Belt and should be afforded weight in the consideration of very special circumstances. Enhancing biodiversity 6.46 A point made by the applicant is the benefits for biodiversity which form part of the proposals. Chapter 11 of the NPPF (Conserving and enhancing the natural environment) notes that the planning system should contribute to and enhance the local environment by, amongst other matters, providing net gains in biodiversity. In particular, paragraph 118 of the NPPF states that when determining planning

28 application, local planning authorities should conserve and enhance biodiversity by applying a number of principles including the encouragement of biodiversity in and around developments. LDF-CS Policies CSTP19 (Biodiversity) and PMD7 (Biodiversity and development) seek development to include measures to contribute positively to the overall biodiversity in the Borough The ES concludes that the residual effects are positive, giving rise to a net increase in biodiversity value of the site. The Council s Ecology advisor agrees that the site currently contains habitats of general limited quality and the measures would achieve positive enhanced habitats for the site. Compared to the current limited ecological value of the site, the proposals would provide positive benefit. Therefore, with reference to the NPPF and Core Strategy policies CSTP19 and PMD7, it is considered that weight should be attached to this factor a contributing towards very special circumstances. 3. Safeguarding minerals and landfill capacity 6.48 The applicants Planning Statement states; Landfill business has diminished over recent years as the landfill tax has taken effect, resulting in reduced income from waste management operations, but with no commensurate reduction in the cost of maintaining environmental standards and asset management. Solar PV development would generate a regular income from otherwise largely unproductive areas of the site, helping to sustain a well-established business and local employer. In turn this will help Veolia maintain the remaining clay and landfill resources, safeguarding landfill capacity and clay resource and thus preventing the need for new landfill The majority of the application site relates to land that has been subject to extraction, infilling with waste and subsequent restoration. The operator committed to undertake the restoration and aftercare of the site and would have generated significant income from the mineral extraction and waste depositing operations undertaken. Furthermore, whilst there may be constraints on the nature of the agricultural operations, parts of the restored site are in productive arable use. Whilst the operator has temporarily ceased extraction and landfill, they have retained the capacity to resume this use. This large multi-national operator has not sought to cease this use or argue that they cannot meet the restoration liability on those formally active parts of the site. The remaining clay and landfill capacity is a resource that the operator has chosen to safeguard irrespective of the current proposals. In light of the above, it is not considered that it has been demonstrated that the proposals are necessary to safeguarding minerals and landfill capacity or to ensure the ongoing management of those restored areas and therefore do not amount to considerations towards very special circumstances Conclusion

29 6.51 In conclusion regarding the matter of whether very special circumstances exist to justify inappropriate development in the Green Belt, it is considered that significant weight should be attached to the delivery of renewable energy and the mitigation of climate change, and more limited weight to the positive benefits for biodiversity and delivery of Green Grid improvements. The final section of this report considers the balancing exercise. II. Landscape and visual impact 6.52 Under the heading of "Core Planning Principles [Para. 17], the NPPF states that planning should: always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings; and take account of the different roles and character of different areas, promoting the vitality of our main urban areas, protecting the Green Belts around them, recognising the intrinsic character and beauty of the countryside and supporting thriving rural communities within it Part 11 of the NPPF deals with Conserving and enhancing the natural and local environment, and indicates at para. 109 that The planning system should contribute to and enhance the natural and local environment by.. protecting and enhancing valued landscapes (para 109). Paragraphs 113 to 116 elaborate on this Within the National Policy Statement for Energy (EN-1) Section 5.9 deals with Landscape and Visual matters. Paragraphs and draw together the two strands of design in terms of function and mitigating effects as follows: Reducing the scale of a project can help to mitigate the visual and landscape effects of a proposed project. However, reducing the scale or otherwise amending the design of a proposed energy infrastructure project may result in a significant operational constraint and reduction in function for example, the electricity generation output. There may, however, be exceptional circumstances, where mitigation could have a very significant benefit and warrant a small reduction in function. In these circumstances, the IPC may decide that the benefits of the mitigation to reduce the landscape and/or visual effects outweigh the marginal loss of function. Within a defined site, adverse landscape and visual effects may be mitigated through appropriate siting of infrastructure within that site, design including colours and materials, and landscaping schemes, depending on the size and type of the proposed project NPS EN-1 at (5.9.9 to ) also sets out how energy infrastructure projects should be dealt with in respect of designated and undesignated landscapes,

30 providing greater detail as to how the hierarchy of designations referred to in paragraph 113 of the NPPF should be dealt with LDF-CS Policy CSSP4 outlines the strategic approach to the Green Belt within the Borough and the intention of the Council to enhance the Green Belt by improving landscape features and sustaining the open character LDF-CS Policy CSTP23 (Thurrock Character and Distinctiveness) is relevant. Part II states; The Council requires the retention and enhancement of significant natural, historic and built features which contribute to the character of the Borough as defined by their value, quality, cultural association and meaning or their relationship to the setting and local context. Part III states; The Council requires the retention and enhancement of strategic and local views, which contribute to a distinctive sense of place. Where development will affect these views, their sensitivity and capacity for change must be adequately assessed and the effect of the development on them appropriately tested LDF-CS Policy PMD1 relates to impact on amenity. Policy PMD2 (Design and Layout) criteria 1 relates to character and states; Development must contribute positively to the character of the area in which it is proposed, and to surrounding areas that may be affected by it. It should seek to contribute positively to local views, townscape, heritage assets and natural features, and contribute to the creation of a positive sense of place. Criteria vii seeks the protection and enhancement of landscape features Part 6 of the Environmental Statement considers landscape and visual impacts. Detailed below is a description of the visual environment of the site at present and the proposed works of landscaping Established planting belts are located along the western edge of Areas D+, D, E and F, and along part of the eastern side of Areas D and A. In addition, there is a small block of tree planting between Areas A and D The tree belts near to the site along the western bank of Mar Dyke, approximately 0.5km to the south-east, that provide a wooded setting to the immediate environs of the site. The tree belts along the western edges of site Areas D+, D, E and F prevent views into site Areas D+, E and F and the lower levels of Area D from the area to the immediate west In terms of Area C, whilst this area is not directly enclosed by hedges and woodland, tree belts near to the site along the western bank of Mar Dyke, provide a wooded setting and assist in screening views of this element of the site. In terms of mitigation, this includes; new tree planting along the eastern edge of Area C to reduce views in from the bridleway along Mar Dyke between gaps in existing tree belts.

31 6.63 The largest field, Area D, located in the centre of the site has been used for landfill and subsequently capped and consequently rises above surrounding landform. The land to the south, east and north-east of the site is Fenland and characterised by low-lying and level landform which is approximately 0-10mAOD. This means that views tend to be foreshortened and are more likely to be interrupted by existing intervening landscape features, such as the planting belts along Mar Dyke. The tree belt along the eastern edge of Area D combines with the tree belt along the western side of Mar Dyke to prevent views towards the lower parts of the eastern side of Area D from the area to the immediate east. However, as with views from the west, the ground within Area D currently becomes visible as it rises above the tree line. In terms of mitigation, the application includes; Reinstatement of hedgerows running perpendicular to each other across Area D in the location of historic field boundaries that were lost as a result of the minerals extraction process. Although these hedgerows will not screen all views towards the proposed solar panels on the higher ground of Area D, they will break up the mass of the proposed development as they appear within views, reducing the impression of their effect on the visual amenity There is at present very little planting along the northern edge of Area D, allowing close distance open views from public footpath 136 into the Site. In terms of mitigation, the application proposes; New native planting along the northern and southern boundaries of footpath 136 to fill the gap in the planting between South Ockendon Hall and the edge of Area D. This will prevent views into the lower areas of Area D and D+ from this stretch of the footpath The tree belt along the eastern edge of Area A prevents most views from public footpath 136 that runs parallel to it. However occasional gaps in the tree belt currently allow close distance views directly into the site. Gappy hedgerows along the north of Area A+ currently allow filtered short to middle distance views from public footpath 135 north of the Site. In terms of mitigation, the application includes; hhedgerows along northern boundary of Site area A+ allowed to grow to a height above the solar panels. Once mature, this will prevent views into the north of Area A+ from users of public footpath 135 north of the Site. New planting along the northern and western boundaries of Area A in the form of a new hedgerow allowed to grow to a height above the solar panels. Once mature, this will prevent views into the north of Area A from the eastern end of footpath 135 and into the west of Site area A from the western end of footpath 135 in the location of The Grove; New planting in the gap in the tree belt along the eastern edge of Area A to

32 prevent views from footpath 136 where it runs along the eastern boundary of the site; 6.66 The landform from the majority of the site to the edge of South Ockendon is not subject to significant level change (approximately 10-30m AOD). In light of this views are foreshortened and truncated by the intervening tree belts, with the exception being the higher ground of Area D To the north-west of the site, the land rises up to nearly 40m AOD with panoramic views over the site possible from isolated locations at the western end of footpath 135 in the area of The Grove (viewpoint 1). Further to the north, the higher ground together with the vegetation in the Top Meadow golf course prevents views towards the site (view A) Impact from settlements, local roads and footpaths 6.69 The ES concludes that would be no visibility of the proposed development from Upminster or North Ockendon, North Stifford, Grays, Bulphan or Orsett (6.4.40) or from the M25, the South Ockendon branch of the London, Tilbury and Southend Line, A128 and A13 (6.4.44). Having regard to the assessment, these conclusions are supported As detailed above, views from within the majority of South Ockendon towards the proposed development will be screened by the intervening built form and landscaping. Dwellings on the very edge of the Brandon Grove estate (along Birch Crescent) may be affected by the proposed development with views facing east towards the site, where there are gaps in boundary vegetation along the edge of the estate (Viewpoint 7). Once existing planting and mitigation planting has matured, views towards the majority of the site will be screened. There will be long distance views of parts of Area D due to its raised landform. In terms of the mitigation, the proposed hedgerow planting within site area D will not obscure this part of the solar farm but would assist in softening the mass of the development Roads between Bulphan and Orsett (2.5km, east) - Glimpsed views are possible towards the site but are extremely limited. The level topography in this area and the frequency of intervening woodland planting and hedgerows mean that views to the west are restricted. The extent of visibility would remain unaffected by the proposed mitigation planting B186 between North Ockendon and South Ockendon (1 km, west) - Views towards the site are possible from the road, particularly when travelling in a southerly direction. The southern part of the road benefits from a well-established roadside hedgerow with the northern part being more exposed. Whilst the majority of the site would not be visible due to the topography and vegetation within and surrounding the Site, Area D would be visible rising above existing vegetation. Proposed mitigation planting within site area D and the maturation of existing planting along

33 the western edges of site area D, D+ and E will reduce visual effects in the longterm Fen Lane between North Ockendon and Bulphan (1km, north) - Glimpsed views towards the site are possible from Fen Lane east of the golf course. These views are not extensive and are limited to gaps in the roadside hedgerow. The extent of visibility would remain unaffected by the proposed mitigation planting. Due to the distance of the receptor from the Site, the scale of effect would be small-negligible Local cycle route along Stifford Clays Road and High Road (1.5km, south) - The majority of the route is lined with trees and hedgerows which prevent views towards the site. However, for a short stretch, starting from approximately 250m after passing north under the A13 extending to Whitfield Cottages approximately 1200m to the east, the landscape opens offering panoramic views over the site facing north. In these views, the majority of the site is screened by the local vegetation but the higher ground of site Area D is visible. The extent of visibility would remain unaffected by the proposed mitigation planting Footpath 136 (immediately north of field D and D+) - Close distance views from this footpath occur for stretches where there is no hedgerow or tree planting along the verges. Most visibility into the site from footpath is along the north of Area D facing south. This view is illustrated by viewpoint 8. Direct views south into Area D+ from this footpath are screened by intervening vegetation. The ES concludes that the scale of effect on receptors at this location will be Large but of Localised extent. By the time the proposed hedgerow planting matures along much of the boundaries around Area D, the proposed development would be largely screened and therefore the scale of effect would reduce Footpaths between Site and South Ockendon (500m, west) These footpaths connect South Ockendon with the site (Viewpoints 2 and 7 illustrate). Generally, the majority of the site is screened by existing vegetation, but glimpsed views into Area E and D+ and the rising ground of site Area D are available through or above intervening vegetation. Once existing planting has matured and proposed mitigation planting has established, views towards proposed development will be limited to between the tops of existing tree belts along the edge of the site and proposed hedgerows within the solar farm Bridleway 219 along Mar Dyke (500m, east) - Large tree belts along the western edge of the bridleway prevent the majority of views towards the site. A belt of young tree planting along the eastern edge of the site is also located at site Areas A and D that start to screen low level views towards the proposed development. It is only where gaps in this vegetation are apparent that views towards the proposed development would be likely. Once the existing planting matures and the proposed mitigation planting within Area D establishes, the scale of effect will reduce to small Footpath 90 passing through Orsett Fen (1.2km, east) - The majority of the site is

34 screened by vegetation along Mar Dyke but where there are gaps in vegetation, views towards the rising slopes of Area D are visible. The proposed mitigation planting would slightly reduce the extent of visibility, but magnitude would remain unaffected Footpath 135 (200m, north) - Clear close to middle distance views are available towards the site (Viewpoints 1 and 3 represent). Once mitigation planting has established along Area A and A+ and within Area D, views towards the proposed development will be reduced. Planting along the north of Area A+ and north and east of Area A will reduce visual permeability, mitigating almost all of the effects from around the location of viewpoint 3.However, from views along the west of this receptor group (i.e. viewpoint 1) planting will reduce views towards the proposed development in Area A and A+ and soften the mass of the proposed solar panels within Area D due to the reinstated field hedgerows Effect upon residential amenity 6.81 There are also a number of isolated dwellings, farms and small hamlets in proximity to the site. Appendix 6.3 of the ES contains a Residential Amenity Assessment which focuses upon 5 groups of properties. With regards to Cottages South of Ockendon Hall (600m west), Flint Cottage and Grange Farm (390m southwest) and New Cottages (Mollands Lane, 240m south west), the ES concludes that views of the higher areas of Area D would be possible however the development would not be oppressive or overbearing. Due to the landform of Area D, a number of residential properties within the area would be able to see parts of Area D, albeit at some distance. The extent of views would be limited and it is not considered that the development would appear as an unduly prominent feature in the landscape In considering the potential for glint and glare the ES (6.4.67) states that: Solar PV panels are purposely designed to absorb rather than reflect light. The surface of PV panels is intentionally rough to reduce reflection and facilitate absorption of the maximum quantity of sunlight. A study of solar panels demonstrated that at an angle of 30 degrees solar panels reflect only 3-5% of incoming sunlight compared to steel at c. 46%, standard glass at c. 10% and smooth water at c. 5% ; The panel frames and racking are likely to be aluminium and steel with a matt finish to minimise solar reflection; Both glint and glare attenuate with distance, with glare reducing rapidly, thus affecting a relatively localised area; and Glint and glare only occur in bright conditions, and at certain angles of the sun and times of year, so the frequency and the duration of any effects will be relatively limited throughout the year It is not considered that it would have an unacceptable effect on the visual amenity of nearby residential occupiers and as such accords in that regard to LDF-CS

35 Policy PMD Effects on Landscape Character 6.85 The site falls within the following Local landscape character areas as defined by the Thurrock Landscape Capacity Study (2005); A1 (Bulphan Fenland) - The key qualities the assessment states to be safeguarded include the open, exposed nature of the landscape with its open views across the fenland to the north and the sense of tranquillity due to the absence of major roads and built development. D1 (Aveley / South Ockendon Urban Fringe) - The key qualities the assessment states as needing to be protected are the flooded gravel pits, the long distance views over the river valley to the south and the historic parkland at Belhus Park 6.86 At present the site does not fully reflect the characteristics of the wider A1 character area due to its proximity to the urban fringe of South Ockendon and its historic use for minerals extraction. The ES considers the overall effects on the character of the Bulphan Fenland character area will be not significant. (6.5.20) 6.87 With regards D1 Character Area, this is characterised by development and fragmented landscapes and the ES assesses this to be of low susceptibility to the type of change proposed. The ES considers the overall effects on this character area will be not significant. (6.5.36) 6.88 The Council s Landscape Advisor concludes that while it is accepted that the development would have adverse effects on landscape character it is considered that these are not significant due to the current landscape quality and the nature of the development Cumulative effects 6.90 There are two consented solar farm developments (Fairwind Farm is over 4km away and Evergreen Orchard located approximately 3.5km north-east, north of Bulphan). It is considered that these are too remote to give rise to cumulative harm Conclusions 6.92 The findings of the Landscape and Visual Impact Assessment indicate that significant effects would arise in relation to the effects on views from users of public footpath 136 to the north of site Area D. The proposed landscaping would assist to screen views. The ES concludes that effects of moderate significance are (1) effects on views from users of public footpaths to the west of the Site and east of South Ockendon; and (2) effects on views from users of public footpath 135 to the north of the site.

36 6.93 For the most part, the site is well screened by existing mature vegetation which limits the visual effects of the development. As detailed in the above analysis, there are a number of areas and properties whereby parts of Area D can be seen rising above the surrounding vegetation. In these locations, the arrays will be visible, albeit for the most part over some distance. The proposal has been designed carefully, retaining existing landscape features, taking account of the potential impact on the landscape, minimising harm to the landscape, providing reasonable mitigation. Whilst there is some residual impact, this is not an area with a special landscape designation and the overall harm to landscape character would not be significant and, having regard to CSTP23 and PMD2, in itself warrant a reason for refusal. III. Impact upon agricultural land 6.94 Paragraph 112 of the NPPF states; Local planning authorities should take into account the economic and other benefits of the best and most versatile agricultural land. Where significant development of agricultural land is demonstrated to be necessary, local planning authorities should seek to use areas of poorer quality land in preference to that of a higher quality LDF-CS Policy CSTP21 (Productive Land), Part 1 (II) states; Development of the best and most versatile land (DEFRA Grades 1, 2 and 3) will not be supported except in exceptional circumstances. Developers will need to demonstrate that: i. there is no suitable site in a sustainable location on land of poorer agricultural quality; or ii. alternative sites have greater value for their landscape, biodiversity, amenity, heritage or natural resources or are subject to other constraints such as flooding. Whilst Policy CSTP21 pre-dates the NPPF, it is not proposed to be amended as part of the LDF-CS Focused Review: consistency with National Planning Policy Framework. Part 9 of the Environmental Statement considers agricultural and land use. The site has been subject to an agricultural land classification (ALC) survey and has been identified as subgrade 3B (moderate) quality agricultural land across the site. The site is not therefore considered to be best and most versatile agricultural land as defined by the NPPF or Policy CSTP The applicant advises that arable land will be reseeded with pasture and/or to species rich wildflower meadows, stock proofed by the surrounding fences and made available for sheep for grazing on a periodic basis. Agricultural production will therefore be allowed to continue on site ensuring that no loss of agriculture will occur. Upon decommissioning, panels and associated infrastructure will be removed with no long term loss or downgrading of agricultural land will result.

37 IV. Ecological implications 6.97 Part 11 of the NPPF relates to Conserving and enhancing the natural environment. LDF-CS CSTP19 (Biodiversity) and PMD7 (Biodiversity and development) are relevant. The contribution of the proposal to the creation of green Infrastructure and linkages are considered elsewhere in this report Part 7 of the Environmental Statement considers ecology and nature conservation. The site does not contain any national or local ecological designations. In light of the findings of the ES, the site is sufficiently remote not to impact on any internationally, nationally or locally designated sites The applicant has undertaken Phase 1 and II Habitat Surveys and Protected Species Surveys including Great Crested Newt, reptile and breeding birds. The ES assesses effects on key ecological features and proposes mitigation / enhancement including; Production of a Construction and Environment Management Plan to include method statements for protected species, site vegetation, habitat creation Habitat Mitigation Plan the purpose of which is to set appropriate aims and objectives for the management of the site, maximising biodiversity benefits for the habitats and species that will be affected by the proposed solar project. Feature-Specific Mitigation Measures - Specific mitigation measures are depicted in a Mitigation and Enhancement Plan (Drawing OC005). These includes; Creating areas of semi-improved grassland (such as wildflower meadows, pollen and nectar strips, species rich grassland) Enhancement to pond habitat Hedgerow enhancement measures Provision of hibernacula, nesting boxes and log piles The ES concludes that the residual effects are positive, giving rise to a net increase in biodiversity value of the site. The Council s Ecology advisor agrees that the site contains habitats of general limited quality and the measures would achieve positive enhanced habitats for the site. In light of the above, subject to conditions securing the measures outlined in the ES, it is considered that the proposal accords with part 11 of the NPPF and LDF-CS Policies CSTP19 (Biodiversity) and PMD7 (Biodiversity and development). V. Impact upon air quality and the noise environment

38 6.101 LDF-CS Policy PMD1 (Minimising pollution and impacts on amenity) and LDF-CS Policy PMD9 (Road Network Hierarchy) are relevant Part 10.5 of the ES relates to air quality considerations. The ES identifies the need for a Construction Traffic Management Plan. There are no hazardous, toxic or noxious substances emitted during the operational phase of the solar farm. In light of the above and the comments of Environmental Health, subject to condition, it is not considered that the proposal would give rise to adverse air quality Part 10.6 of the ES considers the noise environment. Whilst there is potential for noise during the construction phase, given the proximity to the nearest sensitive receptors and subject to control of construction hours, it is considered that the development would not unduly harm the amenity. Once installed the solar panels will not generate any noise or vibrations. The only noise arising from the development will be associated with the fan units used to keep the inverter equipment cool in warm weather. This will be low level noise and the units will be housed within a building and unlikely to be apparent from the surrounding areas. In light of the above and the comments of Environmental Health, subject to condition, it is not considered that the proposal would give rise to harm to residential amenity by virtue of noise generated from the construction and operational phases. VI. Impact on ground conditions LDF-CS Policy PMD1 (Minimising pollution and impacts on amenity) is relevant Part 10.3 of the ES considers ground conditions. With the exception of Areas A and A+, the solar PV will be located on permanently restored areas of the site. In restored areas, there is a minimum 1 metre engineered clay cap overlain by a minimum of 1 metre depth of subsoil and topsoil. In areas of former landfill, the proposed development will be predominantly constructed above ground level or set in the topsoil layer only with solar PV built on concrete foundation blocks. Cable trays will be utilised where practicable. Some local differential settlement may be observed over time due to the nature of the underlying waste. However this is expected to be acceptable and the increase in loading due to the development will be minor and is not expected to significantly increase the anticipated settlement. The applicant advises that prior to construction, the presence of any existing gas extraction and leachate management infrastructure, utilities or underground cables will be assessed and precautions taken to protect them. The Council s EHO s raise no objection subject to a condition requiring a watching brief. The Environment Agency raises no objection. The above measures should safeguard the integrity of the clay cap. In light of the above, it is considered that the proposal complies with Policy PMD1. VII. Impact on heritage assets

39 6.106 Section 12 of the NPPF and LDF-CS Policies CSTP23 (Thurrock Character and Distinctiveness), CSTP24 (Heritage Assets and Historic Environment) and PMD4 (Historic Environment) are relevant. Part 8 of the Environmental Statement considers cultural heritage and archaeology There is a very low potential for surviving archaeological features across the extent of the site due to the extensive disturbed nature of the prevailing ground conditions (i.e. previous quarrying activities). The applicant has undertaken a Geophysical Survey to assessing one area undisturbed by former extraction / landfilling for surviving archaeological deposits which shows no features of note. ECC Archaeology raises no objection The nearest Conservation Area is located at North Ockendon, approximately 1.5 km to the north west of the site boundary. It is considered to be too remote from the site to be impacted by the development There are no Scheduled Monuments (SM s) within the site boundary. There are two SM s located within the study area, both of which are situated north west of the site boundary; SM-1 Roman burial mound or barrow 260m north east of South Ockendon Hall is 330 m west of the site boundary. The monument currently sits within pastureland, with several mature trees on the barrow itself. It is situated near arable farmland, with farm traffic and activity in the vicinity. Currently, breaks in the hedgerow and treeline mean that slight views are afforded from certain locations into the north of the site from the west and south-west. These views are mostly obscured by the existing vegetation, but not sufficiently to screen the site entirely. SM-2 Gatehouse and moat of South Ockendon Old Hall 195m west of the site boundary. The gatehouse and bridge are also a Listed Building. The gatehouse is now ruinous. The monument is situated within a small area of woodland, adjacent to pastureland and arable farmland. Existing trees and hedgerow screen the monument from the majority of the site The ES concludes that the proposed development would have a negligible impact on these monuments (8.7.7). Furthermore, overall, with the mitigation measures in place the proposed development will have a neutral effect upon cultural heritage resources. English Heritage advise that the part of Area D would be visible and may impact upon the landscape setting of SM-2. English Heritage sought measures to off-set this harm by the enhancement and interpretation of the schedule monument. The applicant is offering to install site interpretation boards along the public footpath. It is considered that the harm to the setting of the SM s would principally arise from part of Area D being visible in the wider landscape, it is therefore considered that the harm would be small. The proposed interpretation board would assist in revealing their significance. Paragraph 134 of the NPPF advises, Where a development proposal will lead to less than substantial harm to the significance of a

40 designated heritage asset, this harm should be weighed against the public benefits of the proposal In this instance, supporting renewable energy generation accords with national and local planning policies There are no Listed Buildings located within the site boundary. There are two Grade I Listed Buildings within 1km of the site as well as 21 Grade II Listed Buildings. These are concentrated towards the west of the site for the most part, with those in closest proximity to the site boundary being; LB-1 (Former Gateway at Grove Barns) - Distant views may be afforded of the north-eastern extent of Area A, although these are likely to be obscured by other farm buildings and the distance and topography involved. LB-5 (Moat Bridge and Gatehouse at South Ockendon Hall) The building is 322 m west of the site boundary, situated within a wooded patch of land, surrounded by arable farmland and pastureland. The existing vegetation screens the majority of the proposed PV S from view. LB-7 (Little Mollands) - The building is 635m west of the site boundary, and is screened from the site by the existing vegetation. LB-8 (Barn at Great Mollands) - The building is 306 m west of the site boundary, and is screened from the site by the existing vegetation. LB-9 (Great Mollands) - The building is 206m west of the site boundary, and is screened from the site by the existing vegetation. LB-10 (Granary at Great Mollands) - The building is 177 m west of the site boundary, and is screened from the site by the existing vegetation The potential to impact upon the visual setting of these listed buildings is considered to be low. The proposed mitigation, comprising the planting and cultivation of additional screening around the proposed solar arrays, should serve to nullify this minimal setting impact In light of the above, subject to mitigation in the manner proposes, it is considered that the proposal conforms with Section 12 of the NPPF and LDF-CS Policies CSTP23 (Thurrock Character and Distinctiveness), CSTP24 (Heritage Assets and Historic Environment) and PMD4 (Historic Environment). VIII. Highways issues Part 4 of the NPPF relates to the promotion of sustainable transport. The following LDF-CS Policies are relevant; CSTP15 (Transport in Greater Thurrock) PMD2 (Design and Layout) PMD8 (Parking Standards) PMD9 (Road Network Hierarchy) PMD10 (Transport Assessments and Travel Plans) PMD16 (Developer contributions)

41 6.115 Part 10.4 of the ES considers Transport and Access. The application is also accompanied by a Transport and Access Appraisal Construction access will be via the existing main site access from Medebridge Road with routing from the A13. Within the site an existing network of internal roads and access tracks provides access to the entrances of each area of solar PV. The site has a history of considerable vehicle flows associated with the site s extant and historic land uses of clay extraction and landfill. The majority of traffic arises during the construction and decommissioning period. The appraisal concludes that the proposed development would create no discernible environmental impacts arising from traffic and transport. Highways do not disagree with this conclusion and raise no objections subject to conditions. The proposal is considered to accord with Policies CSTP15, PMD2, PMD9 (Road Network Hierarchy) and PMD10 (Transport Assessments and Travel Plans). IX. Flood risk With regard to flood risk, NPPF Part 10 and LDF-CS Policies CSTP25 (Addressing climate change), CSTP27 (Management and Reduction of Floor Risk), PMD2 (Design and layout) and PMD15 (Flood Risk Assessment) are relevant. With regards utilities, LDF-CS Policy CSTP13 is relevant Part 10 of the ES relates to Flood Risk. The application is accompanied by a Flood Risk Assessment According to the Thurrock Strategic Flood Risk Assessment (SFRA) the site lies within Flood Zone 1 (Low Probability) with the exception of the existing access road from the south east corner of the site which is within Flood Zone 3. Since alternative means of access and egress exist to the site in an emergency, it is considered that this road should not have a bearing on the overall flood risk classification of the development within the site. Using the Flood Risk Vulnerability Classification the proposal is less vulnerable development and as such the proposed development is considered to be appropriate in Flood Zone 1 and passes the Sequential Test in accordance with paragraph 101 of the NPPF and Table 3 of the PPG With regards surface water drainage, the ground beneath the solar panels remains permeable. The FRA states that the increase in impermeable ground surface cover due to solar panel foundation blocks, associated infrastructure and new access tracks will require surface water management to ensure there will be no detrimental change to surface water flood risk from the development (3.4). The FRA details that there would need to be surface water attenuation in the form of upgrades to the existing systems such as drainage channels, swales and an existing lagoon, all of which are located outside of the restored landfill areas. It also details that discharge

42 from the site will be maintained to pre-development rates by control structures located at the site s discharge points The applicant submitted a revised FRA to address concerns raised by the Environment Agency. At the time of drafting this report the EA s comments are awaited. Members will be updated at Committee. X. Community and Socio-economics including social infrastructure and statement of community involvement The NPPF advises that here are three dimensions to sustainable development: economic, social and environmental (para 7). Para 8 advises that to achieve sustainable development, economic, social and environmental gains should be sought jointly and simultaneously through the planning system. The LDF-CS contains a number of relevant policies including; CSTP10 (Community Facilities); Supports the provision of new/improved facilities to serve new and existing communities and requirement for new development to contribute financially towards community needs generated by the development. PMD16 (Developer Contributions) details the wide range of matters that may be covered by obligations Matters relating to highways and green infrastructure are considered elsewhere in this report The development does not trigger a requirement to apply the Planning Obligations Strategy The application is accompanied by a Community Involvement report which details the applicant s pre-application engagement and consultation events. It concludes that of the 107 feedback forms collected, 87 were supportive, 8 raised objections and 11 were unsure. 7.0 CONCLUSIONS 7.1 In conclusion regarding the matter of whether very special circumstances exist to justify inappropriate development in the Green Belt, it is considered that significant weight should be attached to the delivery of renewable energy and the mitigation of climate change, and more limited weight to the positive benefits for biodiversity and delivery of Green Grid improvements. On this latter point, the request to create links between the site and the Mardyke Valley and to Grangewaters Outdoor Education Centre are awaited. It is considered that such links would enhance the Green Grid network. Subject to the satisfactory resolution of such matters, on balance, it is considered that very special circumstances have been demonstrated which clearly outweigh the identified harm to the Green belt. 7.2 The applicant submitted a revised FRA to address concerns raised by the Environment Agency. Members will be updated at Committee.

43 8.0 RECOMMENDATION 8.1 Subject to the satisfactory resolution of the EA s concerns regarding surface water management and clarification regarding the provision of Green Grid links in the South Eastern corner of the site, the application is recommended for APPROVAL subject to; A Referred to the Secretary of State under the terms of the Town and Country Planning (Consultation) (England) Direction 2009 B - The satisfactory completion of a Section 106 Agreement on or before the 18 November 2014 to secure matters set out in the Heads of Terms detailed at part 1 of this report or as updated. C Subject to the application not been called in by the Secretary of State, grant permission subject to the following conditions; Condition(s): 1 Time The development hereby permitted shall begin no later than three years from the date of this decision. Written notification of the date of commencement of the development hereby permitted shall be given to the local planning authority no later than 14 days after the event. REASON: To comply with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act Approved plans The development hereby permitted shall be carried out in accordance with the following plans and drawings: Reference OC002 OC003 OC004 OC005 PL005 PL006 PL006.1 PL007 PL008 PL009 Name Site boundary Site constraints and opportunities Site Design Plan Mitigation and Enhancements Plan Technical details invert transformer station DNO Switchstation Client side switchstation Gate, fence and construction road detail Racking system Indicative 132Kv compound

44 REASON: For the avoidance of doubt and to ensure that the development is in accordance with the details to which the application has been assessed. 3 Temporary period and decommissioning Planning permission is hereby granted for a temporary period of 27 years from the commencement of development. On the 27 th anniversary of the commencement of development the use shall cease. Prior to the 27 th anniversary of the commencement of development the solar panels and all ancillary equipment shall be decommissioned and removed from the site in accordance with the Decommissioning Method Statement agreed pursuant to Condition 4. REASON: In order to accord with the terms of the submitted planning application and to ensure the satisfactory restoration of this Green Belt site. 4 Decommissioning Method Statement Notwithstanding condition 3, within three months of the cessation of power production on the site (measured by way of export to the electricity distribution network) for a period in excess of six months or during the 3 months period prior to the 25 th anniversary of the commencement of development (whichever is sooner) a Decommissioning Method Statement shall be submitted to and approved in writing by the local planning authority. The Decommissioning Method Statement shall include; - the timing for decommissioning of the solar farm. - the measures for decommissioning. Such measures shall include the removal of all development hereby permitted (with the exception of landscaping and ecological works unless otherwise agreed) including solar panels, support structures, buildings, plant, fencing and equipment and any ancillary structures and hardstanding, - a timetable for completion of decommissioning including the removal of all structures from the site, In the event of cessation of power production (measured by way of export to the electricity distribution network) for a period in excess of six months following first power generation, the Decommissioning Method Statement shall set a timescale for decommissioning within 12 months of its submission unless power production is to resume within the temporary period of the permission and evidence is provided with regard to the resumption. If power production is not resumed within 3 months of the date provided, then a Decommissioning Method Statement shall be submitted and agreed in writing with the Local Planning Authority setting out works of decommissioning to be fully undertaken within 12 months of its submission. Decommissioning shall be carried out in accordance with the approved Decommissioning Method Statement including the timing of works. REASON: In the interests of the character and openness of the Green Belt. To ensure the satisfactory restoration of the site in accordance with the NPPF and paragraph 27 of Planning practice guidance for renewable and low carbon energy.

45 5 Retention of use of land for agriculture The land around and beneath the installed solar panels and within the confines of the fenced areas (excluding grid connection cabin and transformation enclosures) shall at all times be made available for agricultural purposes during the operational phase of the development, unless otherwise forming part of the agreed biodiversity or landscape improvements. REASON: To ensure the continuation and retention of the land for agricultural purposes in addition to the solar farm and to safeguard countryside protection policies in accordance with LDF Core Strategy Policy CSTP21 (Productive Land). 6 Details of CCTV Notwithstanding the information shown the approved plans, development shall not begin until details of the design and location of all CCTV poles and cameras have been submitted to and approved in writing by the local planning authority. The development shall be constructed in accordance with the approved details and thereafter retained. REASON: In order to minimise the impact of the development on the Green Belt and local landscape. 7 No additional fences or means of enclosure Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no fencing or means of enclosure (other than temporary fencing associated with and purely for the period of the construction and decommissioning phases) shall be erected other than that which is detailed on the approved plans or has been expressly authorised pursuant to conditions attached to this permission. REASON: In order to retain the character and openness of the Green Belt. 8 CEMP No construction works shall commence until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority in writing. The CEMP should contain or address the following matters: (a) Vehicle haul routing in connection with construction and engineering operations (including routing of proposed Abnormal Load Vehicles Movements (if any)) (b) Wheel washing (c) Details of construction access; (d) Location and size of on-site compounds (including the design layout of any proposed temporary artificial lighting systems) (e) Details of any temporary hardstandings; (f) Details of temporary hoarding; (g) Method for the control of noise with reference to BS5228 together with a

46 monitoring regime (h) Dust and air quality mitigation and monitoring, (i) Method statement for the prevention of contamination of soil and groundwater and air pollution, including the storage of fuel and chemicals, (j) Community liaison including a method for handling and monitoring complaints, contact details for site managers. (k) Details of security lighting layout and design; (l) A procedure to deal with any unforeseen contamination, should it be encountered during development. (m) Ecology and environmental protection and mitigation, which shall include measures to control the development to satisfy the requirements to safeguard the environment and mitigate potentially adverse effects as detailed in the Environmental Statement. This shall include; (i) a series of Method Statements including: Protected Species (Reptile Mitigation, Breeding Bird Mitigation and Great Crested Newt Mitigation) Site/Vegetation Clearance; Habitat Creation. Bird mitigation statement Reptile Mitigation Method Statement - the reptile mitigation strategy will be formulated in consideration of the following: Habitat manipulation; Temporary reptile fencing of donor sites (if required); Habitat creation / enhancement; Potential translocation; and Monitoring programme. (ii) details of an Ecological Clerk of Works (ECoW) to be appointed to oversee the implementation of the CEMP and a program to ensure that construction workers are aware of the ecological constraints present and agreed measures including the habitat creation methods being implemented. (iii) details of temporary protective fencing to ensure that the construction area does not encroach into ecologically sensitive areas. (iv) measures to be taken to prevent pollution to waterbodies (n) Habitat Creation Method Statement in accordance with Part 7 of the Environmental Statement. The development shall thereafter be carried out in accordance with the CEMP and shall adhere to the following restrictions: a) There shall be no burning of any kind on Site during construction, demolition or site preparation works. b) No construction or decommissioning works shall be undertaken outside of the following hours: Monday to Friday and on

47 Saturdays, and not at all on Sundays or Public Holidays. REASON: In order to minimise any adverse impacts arising from the construction of the development in accordance with Policies PMD1, PMD9, CSTP19 and PMD7 of the Adopted Thurrock Local Development Framework Core Strategy and Policies for the Management of Development DPD (2011) and to accord with the Environmental Statement (inc para 7.8.3, ). 9 No additional external lighting No external artificial lighting or security lighting other than those agreed as part of this permission (i.e. temporary lighting during construction / decommissioning, passive infrared sensor controlled lighting on the switch-station and emergency lighting brought to the site an emergency event) shall be installed during the operation of the site as a solar PV facility without the prior written agreement of the Local Planning Authority. REASON: To minimise the potential for pollution and disturbance to local amenity and wildlife in accordance with LDF Core Strategy policies PMD1 (Minimising Pollution and Impacts on Amenity), PMD2 (Design and Layout), CSTP19 (Biodiversity) and PMD7 (Biodiversity and development) and Paragraph 27 of the Planning practice guidance for renewable and low carbon energy and the Environmental Statement (para 7.6.1). 10 Landscaping and landscape management No development shall take place until full details of soft landscaping and its management have been submitted to and approved in writing by the local planning authority. The details shall include: (a) plans for establishing hedgerows, understorey vegetation and trees around the perimeter of the site and wildflower areas including I. Hedgerow along the northern boundary of field A+ gapped up and allowed to grow to a height above the solar panels. II. III. IV. New planting along the northern and western boundaries of field A in the form of a new hedgerow allowed to grow to a height above the solar panels. New planting in the gap in the tree belt along the eastern edge of Site area A New native planting along parts of the northern and southern boundaries of footpath 136 to fill the gap in the planting between South Ockendon Hall and the edge of field D. V. New native planting in a line across the northern part of field D, running parallel to the south of footpath 136, offset by 50m south. VI. VII. New tree planting along the eastern edge of field C Reinstatement of hedgerows running perpendicular to each other across field D in the location of historic field boundaries

48 (b) written specifications (including cultivation and other operations associated with tree and plant establishment); (c) schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; (d) an implementation programme. (e) A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, The landscaping and its management shall be carried out as approved. Any new trees or plants, which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of a similar size or species unless the Local Planning Authority approves alternatives in writing. REASON: To protect and improve the appearance of the Site in the interests of visual amenity of the area and to provide biodiversity enhancement opportunities, in accordance with LDF Core Strategy policies PMD1 (Minimising Pollution and Impacts on Amenity), PMD2 (Design and Layout), PMD4 (Historic Environment), PMD6 (Development in the Green Belt) and PMD7 (Biodiversity, Geological Conservation and Development). To accord with the mitigation measures set out in the Environmental Statement (including paras ). 11 No storage beneath tree canopy There shall be no storage of materials or hard standing formed beneath the canopy spread of the trees. REASON: In the interests of the health and stability of adjacent landscaping, in the interests of visual amenity and to comply with policies CSTP18 and PMD2 of the adopted Thurrock LDF Core Strategy and Policies for the Management of Development DPD (2011). 12 Habitat Creation Method Statement Prior to the commencement of development or site clearance, a Habitat Creation Method Statement (HCMS) which details; (a) the works of habitat creation and enhancement in accordance with the details specified within Chapter 7 of the ES, the Mitigation and Enhancement Plan ref: OC005 and the Method Statements undertaken as part of the Construction Environmental Management Plan (CEMP) (b) a timetable for implementation based on the construction program shall be submitted to and agreed in writing with the Local Planning Authority. The measures and actions set out the approved HCMS shall be implemented in full in accordance with the approved program. REASON: To accord with LDF-CS Policies CSTP19 (Biodiversity) and PMD7 (Biodiversity and development) seek development to include measures to contribute positively to the overall biodiversity in the Borough and part 7 and para

49 4.6.2 of the Environmental Statement 13 Habitat Management Plan Prior to the commencement of development or site clearance, a Habitat Management Plan (HMP) shall be submitted to and agreed in writing with the Local Planning Authority. This will be informed by the Environmental Statement submitted with the planning application. It will detail the management arrangement for the various habitats both existing and proposed and set aims and objectives for the management of the site, maximising biodiversity benefits for the habitats and species that will be affected by the development. The HMP will include; (a) Details of the phasing of operations (b) a series of management prescriptions and an annual work plan for the period of construction, operation and decommissioning. (c) Details of who will implement the plan (d) Details of monitoring program that will take to ensure habitats are developing according to the targets set and protected species are not adversely affected and measures for submitting such information and agreeing remedial action if necessary The HMP shall be implemented in accordance with the approved plan and timescale. Any translocation undertaken shall be verified in writing to the Local Planning Authority by an independent qualified ecologist within 28 days of undertaking the translocation. REASON: To accord with LDF-CS Policies CSTP19 (Biodiversity) and PMD7 (Biodiversity and development) seek development to include measures to contribute positively to the overall biodiversity in the Borough and in accordance with the Environmental Statement (7.8.6) 14 Siting of panels All solar panels shall be set a minimum of 5m away from hedgerows, woodland, standing water and ditch features which could provide ecological habitat for protected species. Plantation woodland and hedgerows on site shall be afforded a buffer of 5 meters from the solar panels and roads to prevent root compaction. REASON: To prevent harm to habitats and trees. To accord with the mitigation measures set out in the Environmental Statement (4.5.7 & 7.6.1) 15 Bird nesting Construction and clearance of vegetation or other potential bird nesting sites shall not be undertaken within the breeding season of birds (i.e. within 1st March to the 31st July) except where a suitably qualified ecological consultant has confirmed in writing that such clearance works would not affect or disturb any nesting birds. In the event that an active bird nest is discovered outside of this period and once works have commenced, then a suitable standoff period and associated exclusion zone shall be implemented until the young have fledged the nest.

50 REASON: To ensure effects of the development upon the natural environmental are adequately mitigated and in order to comply with LDF Policies CSTP19 and PMD7 and the Environmental Statement (7.8.14). 16 Security fencing The perimeter security fence will be designed to facilitate the passage of small mammals in accordance with the approved details. REASON: In the interest of the ecology and to accord with the Environmental Statement (7.6.1) 17 Contamination watching brief During the construction and decommissioning phase, a watching brief shall be maintained during these periods for any exposure of gross contamination or odorous material arising from the landfill. If any gross contamination or odorous material is exposed during either the construction and decommissioning phases as a result of the works, construction or decommissioning work shall cease, that contamination shall be made safe and reported immediately to the local planning authority. Prior to the recommencement of work of construction or decommissioning, an investigation shall be undertaken and a contingency scheme shall be submitted to and agreed in writing with the local planning authority. Such agreed measures shall be implemented. REASON: To ensure that any potential contamination and any risks arising are properly assessed and that the development incorporates any necessary remediation and subsequent management measures to satisfactorily deal with contamination in the interests of amenity in accordance with policy PMD1 of the Thurrock Core Strategy and Policies for the Management of Development DPD (2011). 18 Construction methods Any penetrative construction methods shall be undertaken in strict accordance with the details submitted with the application and in a way that maintains and does not compromise the integrity of the clay cap above the landfilled waste. REASON: To protect the water environment in accordance with policy PMD1 of the Thurrock Core Strategy and Policies for the Management of Development DPD (2011). 19 Archaeological Interpretation Panel Board Within 12 months of the commencement of development details of an Archaeological Interpretation Panel Board providing information on the Medieval moated manor Scheduled Monument at South Ockendon Hall together with details of its construction and location shall be submitted to and agreed in writing with the Local Planning Authority. This shall be erected in accordance with details to be agreed in writing with the LPA and thereafter retained and maintained for the duration of the permission.

51 REASON: To accord with Section 12 of the NPPF and LDF-CS Policies CSTP23 (Thurrock Character and Distinctiveness), CSTP24 (Heritage Assets and Historic Environment) and PMD4 (Historic Environment). 20 Drainage Prior to the commencement of development hereby approved a surface water management strategy shall be submitted to and approved in writing by the local planning authority. The strategy shall include details of the means of connection, phasing of provision and capacity of the receptor system. No infiltration of surface water drainage into the ground within restored landfill areas will be permitted unless it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The surface water drainage systems shall be constructed in accordance with the approved strategy and maintained thereafter in accordance with it. REASON: To ensure that adequate measures for the management of surface water are incorporated into the development. To protect the water environment in accordance with policy PMD1 of the Thurrock Core Strategy and Policies for the Management of Development DPD (2011). 21 Vehicle access Vehicular access to the proposed development shall be from the existing access to the site off Medebridge Road only and there shall be no other means of vehicular access to the site except in the case of an emergency. REASON: In the interests of highway safety and amenity in accordance with policy PMD9 of the Thurrock Core Strategy and Policies for the Management of Development DPD (2011). 22 Soil handling and conservation During the construction and decommissioning phases, soils handling and conservation should be undertaken in accordance with the relevant chapters in The Good Practice for Handling Soils (MAFF 2000) and The Code of Practice for the Sustainability of Soils on Construction Sites (Defra 2009) or the adopted government guidance prevailing at the time REASON: In the interest of protecting the soil resource and the continued use of the site for agriculture, in accordance with LDF Core Strategy Policy CSTP21 (Productive Land) and the measures set out in part of the Environmental Statement. 23 Protection of gas pipeline An easement strip along the route of the underground gas pipeline passing under the north east parcel of land as detailed on drawing No.11Drawing OC003 shall be established and kept free of development. Access to the pipeline easement shall be maintained for the duration of the development. REASON: To protect existing assets and accord with the mitigation measures set out in the Environmental Statement (4.5.8)

52 24 Mitigation measures set out in the Environmental Statement The development shall be carried out in accordance with the mitigation measures set out in the Environmental Statement submitted with the planning application, unless otherwise provided for in any of the conditions or subject to any alternative mitigation measures as may be approved in writing with the Local Planning Authority, provided that such measures do not lead to there being any significant environmental effects other that those assessed in the Environmental Statement. REASON: To ensure that the development is carried out in accordance with the principles of mitigation set out in the Environmental Statement in order to minimise the environmental effects of the development and ensure compliance with a range of development plan policies set out within the planning committee report. Documents: All background documents including application forms, drawings and other supporting documentation relating to this application can be viewed online: Alternatively, hard copies are also available to view at Planning, Thurrock Council, Civic Offices, New Road, Grays, Essex, RM17 6SL.

53 Planning Committee 13th November 2014