Agenda item

To consider application UTT/21/1833/FUL.

The Principal Planning Officer presented a planning application for the construction and operation of a solar farm comprising ground mounted solar photovoltaic (PV) arrays and battery storage together with associated development, including inverter cabins, DNO substation, customer switchgear, access, fencing, CCTV cameras and landscaping.

He recommended that the Director of Planning be authorisedto GRANT permission for the development subject to those items set out in section 17 of the report subject to:

·        Completion of a s106 Obligation Agreement in accordance with the Heads of Terms as set out

·        Conditions

If the freehold owner should fail to enter into such an agreement, the Director of Planning shall be authorised to REFUSE permission following the expiration of a 6 month period from the date of Planning Committee.

In response to questions from Members the Development Manager said:

·        That there were currently four solar farms in and around Thaxted and that approval had recently been granted for two additional solar farms within the district

·         The decommissioning work was being progressed and scenarios reviewed, which included recommissioning and ongoing disposal matters

·        There were appeal decisions  that stated that twenty five years was not considered temporary in regard to best and versatile agricultural land, so forty years would definitely not be considered temporary

·        The Rochdale Principles were historically applied to outline applications. Residents’ concerns were not limited to the scale of the development, there were also concerns that the layout could change, although this could be reserved by conditioning, which was within Member’s gift to consult residents on if they saw fit. It was acceptable to finalise details in reserved matters

Members discussed:

• The legal advice received on the Rochdale Principles and how it applied to a full application
• The relevance of the Rochdale Principles and the related flexibility required
• Uttlesford was becoming known as a test bed for solar farms and was already providing more solar farms than they were required to.
• The irreparable harm that would result for residents if the application was approved
• The need to achieve consistency in response to solar farm applications
• The need to retain agricultural land to grow food as we currently import 48% of our food
• The development would provide electricity for 8,000 homes but one wind turbine in the North Sea would provide electricity for 16,000 homes
• Concerns raised included flammable and toxic safety, degradation of land, noise, protection of the rural character and heritage of the area, biodiversity and repurposing of the land.
• The need to fully understand the decommissioning process. It was noted that the decommissioning plan was progressing well.

Councillor Pavitt proposed that the application was refused with reference to policies S7, GEN2, GEN7, ENV4, ENV5, ENV8, ENV9 and ENV15

The Development Manager recommended that ENV5 was given as the headline refusal reason, alongside ENV2, S7 and GEN 7.

Councillor Emanuel said that the National Planning Policy Framework (NPPF) paras 155 and 174 should also be referenced.

Councillor Bagnall said that the Neighbourhood Plan policies HC1, LSC1 and LSC2 could also be referenced.

The Development Manager said that the Neighbourhood Plan policies carried less weight due to their age but could be linked to S7.

The proposal was seconded by Councillor Fairhurst.

RESOLVED that the Director of Planning be authorised to refuse permission of the application with reference to policies ENV5, ENV2, S7, GEN7, NPPF paras 155 and 174

The Democratic Services Officer read out Councillor Foley`s statement against the application.

Mike Young, Adrian Temple, Maureen White, Kathryn Siddle, Richard Siddle, Jonathon White, Trina Mawer, Tom Wilson, Richard Haynes and Councillor Victoria Knight (Thaxted Parish Council) spoke against the application.

Beverley Rodbard-Hedderwick spoke on behalf of the applicant.

The Solicitor – Litigation  read out David MacPherson`s statement against the application.

The meeting adjourned at 12:54 and reconvened at 14:05.