<< Back to case
Conditions or Reasons for Planning Application - CB/21/04219/FULL
Conditions or Reasons:
1) The development hereby permitted shall begin not later than two years from the date of this permission.

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 2004.
2) The permission hereby granted shall endure for a period of 40 years from the date when electricity is first generated by the Solar Farm (the 'First Export Date'). Written confirmation of the First Export Date shall be provided to the Local Planning Authority no later than 1 calendar month after the event. Within 6 months following the completion of the 40 year period, or the cessation of their use for electricity generating purposes, whichever is the sooner, the solar panels together with any supporting buildings, structures apparatus, mountings, cabling, foundations, inverter stations, fencing, CCTV cameras and other associated equipment shall be removed from the site and the land restored to agricultural use or to a condition to be agreed in writing by the Local Planning Authority.

Reason: To ensure that the development is decommissioned and the land returned to its original use prior to the development in the interest of preserving the openness of the Green Belt and countryside.
(Sections 12, 13 and 15, NPPF)
3) No development shall take place relating to the erection of any buildings or the siting of the proposed containers, notwithstanding the details submitted with the application, until details of the materials to be used for the external walls and roofs of the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.

Reason: To control the appearance of the building in the interests of the visual amenities of the locality.
(Section 12, NPPF)
4) No development shall take place above slab level until a landscaping scheme to include all hard and soft landscaping and a scheme for landscape maintenance for a period of five years following the implementation of the landscaping scheme have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include the provision of any planting required to address the requirements of the Glint and Glare report within the earliest phase of the scheme.

The approved scheme shall be implemented by the end of the full planting season immediately following the completion and/or first use of any separate part of the development (a full planting season means the period from October to March). The trees, shrubs and grass shall subsequently be maintained in accordance with the approved landscape maintenance scheme and any which die or are destroyed during this period shall be replaced during the next planting season.

Reason: To ensure an acceptable standard of landscaping.
(Sections 12 & 15, NPPF)
5) Visibility splays shall be provided at the junction of the access with the public highway prior to the commencement of development, as detailed on plan ref. 2105-055-SK02-Rev B. The minimum dimensions to provide the required splay lines shall be 2.4m measured along the centre line of the proposed access from its junction with the channel of the public highway and 215.0 measured from the centre line of the proposed access along the line of the channel of the public highway to the north and 215.0m to the south. The required vision splays shall be kept free of any obstruction throughout the lifetime of the development.

Reason:
To provide adequate visibility between the existing highway and the proposed access, and to make the access safe and convenient for the traffic which is likely to use it.
6) No part of the development hereby approved shall be commenced (within the meaning of Section 56 of the Town and Country Planning Act 1990) until the highway / access improvement works shown indicatively on plan ref. 2105-055-SK02-Rev B, amended as necessary by the Technical and Safety Audit process are fully constructed and opened to traffic.

Reason:
In order to minimise danger, obstruction and inconvenience to users of the highway and the premises.
7) No part of the development hereby approved shall be commenced (within the meaning of Section 56 of the Town and Country Planning Act 1990) until the highway improvement works shown indicatively on plans ref. 2105-055-SK03-Rev A and ref. 2105-055-SK05, amended as necessary by the Technical and Safety Audit process are fully constructed and opened to traffic.
Reason:
In order to minimise danger, obstruction and inconvenience to users of the highway and the premises.
8) No part of the development hereby approved shall be commenced (within the meaning of Section 56 of the Town and Country Planning Act 1990) until the verge clearance as detailed on plan ref. 2015-055-SK06 has been carried out, securing the visibility splays detailed. The required vision splays shall be kept free of any obstruction throughout the construction of the development.

Reason:
In order to minimise danger, obstruction and inconvenience to users of the highway and the premises.
9) No part of the development hereby approved shall commence (within the meaning of Section 56 of the Town and Country Planning Act 1990) until the applicant has submitted details of a scheme to reduce speeds on the B5120 on the approaches to the junction with Chalgrave Road to 50mph throughout the construction period, to the Local Planning Authority for approval in writing. The scheme shall include the identification of the extent and duration of the temporary speed limit, the funding of any required temporary traffic orders, and the provision of an associated signage scheme. The agreed scheme shall be fully implemented prior to the commencement of development.

Reason:
In order to minimise danger, obstruction and inconvenience to users of the highway and the premises.
10) Development shall be implemented in strict accordance with the details contained within the Construction Traffic Management Plan ref. 2105-055/CTMP/01.

Reason:
In order to minimise danger, obstruction and inconvenience to users of the highway and the site.
11) The access shall remain ungated, or in the event that gates are proposed, any gates provided shall open away from the highway and be set back a distance of at least 20.0m metres from the nearside edge of the carriageway of the adjoining highway.

Reason:
To enable vehicles to draw off the highway before the gates are opened.
12) Any new access works shall be hard surfaced for a minimum of the first 20.0m from the nearside edge of the carriageway of the adjoining highway in a bound material and should include a form of positive drainage to prevent the discharge of water onto the public highway.

Reason:
To prevent the discharge of debris, loose material, and water onto the public highway.
13) Before construction work commences an on-site vehicular area for construction vehicles and staff parking shall identified and surfaced in a manner to the Local Planning Authority's approval, so as to ensure satisfactory parking of vehicles outside highway limits. Arrangements shall be made for surface water from the site to be intercepted and disposed of separately so that it does not discharge into the highway.

Reason:
In order to minimise danger, obstruction, and inconvenience to users of the highway and of the premises.
14) That, within three months of completion of the construction phase works, that the construction access is closed and replaced with a reduced access arrangement for maintenance purposes. Details of any such access to be submitted to, and approved by, the Local Planning Authority and constructed in accordance with the approved plans prior to being brought into use.

Reason:
In order to minimise danger, obstruction and inconvenience to users of the highway and the site.
15) That, prior to any future de-commissioning of the site, a further Logistics and Construction Traffic Management Plan shall be prepared and agreed with the Local Planning Authority prior to any de-commissioning works taking place, and that any subsequent de-commissioning works will be undertaken in accordance with the agreed plan.

Reason:
In order to minimise danger, obstruction and inconvenience to users of the highway and the site.
16) No development shall take place (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following.

Risk assessment of potentially damaging construction activities.
Identification of "biodiversity protection zones".
Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).
The location and timing of sensitive works to harm to biodiversity features.
The times during construction when specialist ecologists need to be present on site to oversee works.
Responsible persons and lines of communication.
The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.
Use of protective fences, exclusion barriers and warning signs.

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

Reason: To protect features of recognised nature conservation importance.
(Section 15, NPPF)
17) The development hereby approved shall be implemented in complete accordance with the recommendations and measures stated in the Ecological Impact Assessment (P20-ECIA dated August 2021).

Reason:
To minimise the impacts of development on biodiversity, in accordance with Policy EE2, EE3 and paragraphs 174 and 180 of the NPPF.
18) The scheme of soft landscaping shall be implemented in accordance with the approved LEMP, plans and particulars (Chalgrave Road Site: Landscape Plan 439_PP_01_Rev A, Watling Road Site: Landscape Plan 439_PP_02) during the first available planting season following the completion of the development hereby granted. Any part of the scheme which fails to achieve independence in the landscape or is damaged or is removed within five years of planting shall be replaced during the next available planting season in full accordance with the approved scheme, unless the Local Planning Authority gives its written approval to any variation.

Reason:
In the interests of environmental quality and in accordance with Policy EE5 of the Development Plan.
19) The site should not be deemed operational until the developer has formally submitted in writing to the Local Planning Authority a finalised 'Maintenance and Management Plan' for the entire surface water drainage system, inclusive of any adoption arrangements and/or private ownership or responsibilities.

Reason: To ensure that the implementation and long-term operation of a sustainable drainage system (SuDS) is in line with what has been approved and that maintenance to ensure the system functions as designed for the lifetime of the development is arranged. In accordance with HCWS161 18/12/2014.
20) No equipment, machinery or materials shall be brought on to the site for the purposes of development until an Arboricultural Method Statement and details of substantial protective fencing for the protection of any retained trees, have been submitted to and approved in writing by the Local Planning Authority. The development shall be completed in full accordance with the approved arboricultural method statement, details of tree protection and the approved Arboricultural Impact Assessment (P20-AIA August 2021).

Any protected fencing shall be maintained until all equipment, machinery and surplus materials used in connection with the construction works have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made.

Reason: To protect the retained trees in accordance with Section 8 of BS 5837 of 2012 or as may be subsequently amended.
(Sections 12 & 15, NPPF)
21) No development shall take place until a scheme for the provision of the affected public rights of way has been submitted to and approved in writing by the Local Planning Authority. This will include:

Cross sections showing the design of Public Rights of Way (widths, adjacent landscaping and fencing, any drainage or surfacing).
Proposals for the provision of permissive paths for the duration of the solar farm to be secured by the entering into of a permissive path agreement with the Council.
Timescales for implementation
Proposals for the temporary closure/diversion of any public right of way for any works; where possible providing dates/timescales which give the Council not less than 6 weeks notice of any start date.
Include relevant details of surfacing through the site.
ensure that the impact on equestrians, cyclists and walkers is taken into account.
to provide relevant evidence demonstrating discussions with the relevant ward councillor, parish council and other interested parties as to the PRoW scheme proposed.

The provision of details of the Public Rights of Way crossing point information should be included with the scheme and implemented in accordance with the approved details within the timeframe to be specified in the approved details.

Reason:
In the interests of the amenity of pedestrians and other users and to ensure safety of users is not compromised
22) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers:

Site Location Plan - Overview 001a, Site Location Plan - Sheet 1 of 3 001b, Site Location Plan - Sheet 2 of 3 001c, Site Location Plan - Sheet 3 of 3 001d
Proposed Site Plan Overview TW2.0 Rev08A, Proposed Site Plan Layout 1 of 2 TW2.0 Rev07A, Proposed Site Plan Layout 2 of 2 TW2.0 Rev08A
PV Elevations TW3.0 Rev02
Inverter/Transformer Stations TW4.0 Rev01
Internal Access Road Detail TW5.0 Rev01
Fence and Gate Elevations TW6.0 Rev01
Weather Station Detail TW7.0 Rev01
Substation Elevations TW8.0 Rev01
Control Room Elevations TW9.0 Rev01
Auxiliary Transformer TW10.0 Rev01
CCTV Elevations TW11.0 Rev01
Battery Container Elevations 40ft TW12.0 Rev01
Storage Container Elevations 40ft TW13.0 Rev01
Battery Fence And Gate Elevations TW14.0 Rev01
Chalgrave Road Site: Landscape Plan 439_PP_01_Rev A
Watling Road Site: Landscape Plan 439_PP_02

Reason: To identify the approved plan/s and to avoid doubt.
23) Prior to the commencement of development, the access arrangements / improvements shall be carried out in accordance with Transport Planning Associates drawing SK01, revision A.

Reason: To ensure the safe operation of this part of the strategic road network.
24) Prior to occupation of the site a fencing scheme shall be provided on the applicants land to limit disturbance from the site activities for passing motorists. The fencing scheme shall be submitted to and agreed with the Local Planning Authority in consultation with National Highways.

Reason: To ensure the safe operation of this part of the strategic road network.


Return to Search | Close WindowTop of Page