Solar photovoltaic farm use for a period of 40 years, comprising PV panels mounted on metal frames, new access tracks, substations, inverter substations, external transformers, switchgear kiosks, storage building, communications building, underground cabling, perimeter fencing with CCTV cameras and access gate, temporary construction compound and all ancillary grid infrastructure and associated works.

The proposal sought planning permission for Solar photovoltaic farm use for a period of 40 years, comprising PV panels mounted on metal frames, new access tracks, substations, inverter substations, external transformers, switchgear kiosks, storage building, communications building, underground cabling, perimeter fencing with CCTV cameras and access gate, temporary construction compound and all ancillary grid infrastructure and associated works.

The application had been referred to the Committee by Councillor Jim Morgan on the grounds of flood risk and traffic flow.

Members’ attention was brought to the main agenda papers and late observation sheet which, following the amendments to the National Planning Policy Framework (NPPF) that were published on the 19December 2023, the numbering of some of the paragraphs referenced had changed. It also proposed amended recommendations to condition 8 and 16 to refer to the revised NPPF. Members were also advised of further paragraph references changes that had not been detailed in the late observation sheet. The application was also subject to referral to the Secretary of State.

The Committee was addressed by the following speakers:

Members asked questions of clarification from the speakers and officer, which focused on drainage, flooding, and visibility of the solar panels.

It was moved by the Chairman and duly seconded that the recommendations within the report and late observations be agreed.

Members discussed the application, noting the site would remain designated as Green Belt and return to a grazing field at the end of the life of the panels. Members discussed the support from the Town Council and subject to conditions a local Member had also expressed his support. It was noted by Members the screening proposed and very special circumstances.

The motion was put to the vote and it was

Resolved:  That planning permission be granted subject to the following conditions:

1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

In pursuance of section 91 of the Town and Country Planning Act 1990.

2) The development hereby approved is for a period of forty operational years from the date that electricity from the development is first exported to the National Grid for commercial operation; or within two years of the cessation of the exportation of electricity to the grid, whichever is the sooner. No later than three months before the cessation of the development a Decommissioning Method Statement shall be submitted to and approved in writing by the Local Planning Authority. The Statement shall include the timing for decommissioning of the solar farm, along with the measures, and a timetable for their completion (to be completed within 12 months from cessation of the export of energy to the grid), to secure the removal of the solar farm equipment and all associated road, equipment and structures in accordance with the Decommissioning Method Statement.

In order to ensure that the approved development does not remain on site beyond the projected lifetime of the equipment installed in the interests of the visual amenity and character of the surrounding area in accordance with Policies SP1, LO8 of the Sevenoaks Core Strategy and Policy EN1 and EN5 of the Sevenoaks Allocations and Development Management Plan.

3) Within 21 days of the first exportation of the electricity generated from the site to the National Grid, notification shall be written to and acknowledged in writing by the local planning authority.

In order to allow the Local Planning Authority to adequately monitor the time scale of the development and for the avoidance of any doubt.

4) No development shall take place until a Construction and Traffic Management Plan (CTMP) shall be submitted to and approved by in writing by the local planning authority. The CTMP should include the details contained within the outline CTMP dated 23/01/23 prepared by Neo Environmental in technical appendix 5 and the details in the Further Transport Information dated 16/10/2023 prepared by Locogen, as well the following additional information;   - Full details of the location of wheel washing facilities;  - Details of street sweeping;  - Detailed construction schedule to include the avoidance of HGV movements during peak times and to prevent two HGV deliveries at one time;  - Details of the delivery booking system and delivery management;  - Details of traffic management to avoid traffic stacking of heavy goods vehicles on local roads;  - Details of site operation hours during construction and decommissioning;  - Routes for construction traffic;  - Temporary signage and its location in relation to the agreed routing details to and from the site;  - Process for the prior notification of local residents of the intended delivery of any exceptional loads such as long low loaders or over hung vehicles along with contractor contact details;  - Details of the Community Liaison Group to ensure local residents are kept informed of the detailed CTMP measures and provide a contact point for project enquiries.  The approved plan/statement shall be adhered to throughout the construction period thereafter.

In the interests of highway safety, neighbouring amenity and visual amenity as supported by Policy EN1, EN2 and T1 of the Sevenoaks Allocations and Development Management Plan.

5) No development shall commence until a full condition survey of the existing roads 200m either side of the site access which form part of the construction traffic route, shall be submitted to and approved in writing by the Local Planning Authority. For the avoidance of doubt this will require agreement with the local highway authority to identify any existing damage on the existing public highway with each defect and its location being mapped on a plan for the area. Within three months of construction finishing, a post construction condition survey will then be required across the same extent of adopted highway in order to identify and agree with the local planning authority any remedial works reasonably attributable to construction activities. Any identified highways defects resulting from construction activities will then be corrected to the satisfaction of the local planning authority and local highway authority.

In the interests of highway safety and visual amenity as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

6) Prior to the commencement of development the applicant, or their agents or successors in title, will secure:   1) Archaeological field evaluation works in accordance with a specification and written timetable which has been submitted to and approved in writing by the Local Planning Authority;   2) Further archaeological investigation, recording and reporting, determined by the results of the evaluation, in accordance with a specification and timetable which has been submitted to and approved by the Local Planning Authority;   3) A programme of post excavation assessment and publication. The works shall be carried out in accordance with the approved details.

To ensure that features of archaeological interest are properly examined, recorded, reported and disseminated, in accordance with policy EN4 of the Sevenoaks Allocations and Development Management Plan.

7) Development shall not begin until a detailed sustainable surface water drainage scheme for the site has been submitted to and approved in writing by the local planning authority, in consultation with Network Rail and Kent as Lead Local Flood Authority. The detailed drainage scheme shall include details of site infiltration testing and shall demonstrate that due consideration has first been given to the possibility of utilising infiltration techniques and that the surface water generated by this development (for all rainfall durations and intensities up to and including the climate change adjusted critical 100 year storm) can be accommodated and disposed of within the curtilage of the site without increase to flood risk on or off-site. Should the use of infiltration prove not to be practical then any surface water leaving site shall not exceed the existing greenfield run off rate for all rainfall events. The drainage scheme shall also demonstrate that silt and pollutants resulting from the site use and construction can be adequately managed to ensure there is no pollution risk to receiving waters. The development shall be carried out in accordance with the approved drainage strategy.

To ensure the development is served by satisfactory arrangements for the disposal of surface water and to ensure that the development does not exacerbate the risk of on/off site flooding. These details and accompanying calculations are required prior to the commencement of the development as they form an intrinsic part of the proposal, the approval of which cannot be disaggregated from the carrying out of the rest of the development.

8) Prior to the first use of the site, a Verification Report, pertaining to the surface water drainage system and prepared by a suitably competent person, has been submitted to and approved in writing by the Local Planning Authority. The Report shall demonstrate that the drainage system constructed is consistent with that which was approved. The Report shall contain information and evidence (including photographs) of details and locations of inlets, outlets and control structures; landscape plans; full as built drawings; information pertinent to the installation of those items identified on the critical drainage assets drawing; and, the submission of an operation and maintenance manual for the sustainable drainage scheme as constructed.

To ensure that flood risks from development to the future users of the land and neighbouring land are minimised, together with those risks to controlled waters, property and ecological systems, and to ensure that the development as constructed is compliant with and subsequently maintained pursuant to the requirements of paragraph 175 of the National Planning Policy Framework.

9) Prior to the commencement of works, a Biodiversity Method Statement which details all precautionary mitigation methods to be implemented for the protection of protected and priority habitats and species will be submitted to and approved in writing by the Local Planning Authority. The method statement will be based on the information within Technical Appendix 2 Ecological Assessment and Appendices 2D and 2E by Neo Environmental dated February 2023, the Further Ecological Information Note by LocoGen dated October 2023, and the Great Crested Newt Risk Assessment by LocoGen dated October 2023. The method statement shall also include details of an updated site walkover to be undertaken prior to works commencing to confirm that the condition/management of the onsite habitats is consistent with that recorded during the ecological assessment, such that the potential for protected species to occur has not changed and to identify any additional badger setts. Should new setts be identified during the pre-works walk over and/or monitoring during the construction period, all required surveys and mitigation/licensing will be implemented prior to further works being undertaken in the vicinity of the sett/s. The Biodiversity Method Statement will be submitted to the local planning authority for written approval, and subsequently implemented as approved.

To ensure the safeguarding of protected habitats and species, in accordance with policy SP11 of the Core Strategy.

10) No development shall take place until a construction environment management plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP shall incorporate pollution control measures detailed within Technical Appendix 2 Ecological Assessment by Neo Environmental dated February 2023 and will incorporate the Biodiversity Method Statement submitted under Condition 9. Details will include the following:   a) Purpose and objectives for the proposed works;  b) Reference to the Biodiversity Method Statement;  c) The identification of biodiversity protection zones and the use of protective fences, exclusion barriers and warning signs;  c) Detailed design(s) and/or working method(s) necessary to achieve stated objectives;  d) Extent and location of proposed works shown on appropriate scale maps and plans for all relevant species and habitats;   e) Reference to any Environment Agency permits required and any relevant mitigation measures required;  f) Method statement for the control of the invasive species Himalayan balsam, including actions to be taken during site clearance and construction to prevent legislation breaches in relation to the species;  i) Reference to or inclusion of a detailed arboricultural method statement to protect retained trees;  j) Timetable for implementation, demonstrating that works are aligned with the proposed phasing of construction;   k) Persons responsible for implementing the works, including times during construction when specialist ecologists need to be present on site to undertake/ oversee works;   l) Initial aftercare and reference to a long-term maintenance plan (where relevant);  m) Disposal of any wastes for implementing work.  The works shall be carried out in accordance with the approved details and shall be retained in that manner thereafter.

To ensure the safeguarding of protected habitats and species, in accordance with policy SP11 of the Sevenoaks Core Strategy.

11) Prior to commencement of works, a Landscape and Ecological Management Plan (LEMP) will be submitted to and be approved in writing by the local planning authority. The content of the LEMP will based on the information within the Biodiversity Management Plan and Technical Appendix 2E by Neo Environmental dated February 2023 and the Landscape and Ecological Management Plan Drawing prepared by Neo Environmental dated March 2023. The LEMP will include the following:  a) Description and evaluation of features to be managed, including control of invasive species;  b) Constraints on site that might influence management;  c) Aims and objectives of management, in alignment with the Biodiversity Net Gain habitat type and condition targets;  d) Details of additional biodiversity enhancements to be provided;  e) Details of proposed locations for, and long term management of, skylark plots within the wider land ownership;  f) Appropriate management prescriptions for achieving aims and objectives;  g) Information regarding remedial measures;  h) Preparation of a work schedule;  i) Measures to be implemented to ensure habitat connectivity for protected and priority species;  j) Precautionary measures to be followed during operation with regard to protected species;  k) Details of a long-term monitoring program for all habitats (in accordance with the BNG targets) and for protected/priority species including breeding birds, bats, hazel dormouse, badger, reptiles, otter, water vole and invertebrates. A timetable for monitoring surveys will be included, with the first year post-construction to serve as a baseline; l) Details of the body or organisation responsible for implementation of the plan. The LEMP will include details of the legal and funding mechanism(s) by which the long term implementation of the plan will be secured by the developer, with details of the management body(ies) responsible for its delivery. The approved plan will be implemented in accordance with the approved details.

To ensure the safeguarding of protected habitats and species, in accordance with policy SP11 of the Sevenoaks Core Strategy.

12) Copies of the habitat and species monitoring survey reports will be submitted to the Local Planning Authority for review in years 2, 5, 10, 20 and 30. These will include details of, and a timetable for, any required remedial measures.

In the interests of safeguarding biodiversity on the site in accordance with policy SP11 of the Sevenoaks Core Strategy.

13) Prior to the commencement of construction works, visibility splays of 50 metres x 2.4 metres x 50 metres at the access with no obstructions over 1.05 metres above carriageway level within the splays shall be provided and thereafter maintained.

In the interest of highway safety.

14) Within two months of the commissioning and operation of the site, a monitoring noise assessment measuring the noise from the transformers, inverters and equipment on the site shall be submitted to and approved in writing by the Local Planning Authority to demonstrate that the noise from the site does not have an adverse impact on nearby dwellings. The assessment should be undertaken within two months of commissioning, and should a loss of amenity be identified to nearby dwellings, then noise mitigation should be provided and implemented to eliminate the excess noise and thereafter retained, details of which shall be submitted to and approved in writing by the Local Planning Authority.

To ensure the development does not cause harmful noise pollution to nearby residential receptors and to monitor noise from the site once operational. In accordance with policy EN1, EN2 and EN7 of the Sevenoaks Allocations and Development Management Plan.

15) The landscaping and planting works shall be carried out in accordance with the Landscape and Ecological Management Plan, reference NEO00936_0291_D, and in accordance with the implementation schedule as detailed on this plan. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Local Planning Authority.

To protect the amenities of the area as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

16) If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority, details of how this unsuspected contamination shall be dealt with. The remediation strategy shall be implemented as approved.

To ensure that the development does not contribute to, or is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution from previously unidentified contamination sources at the development site in line with paragraph 180 of the National Planning Policy Framework.

17) Prior to the installation of the solar panels, details of a crime prevention strategy shall be submitted to and approved in writing by the local planning authority. The development shall accordance with the approved details and implemented prior to its first operational use.

To maintain the integrity and character of the area and designing out crime as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

18) No external lighting shall be installed on the site or affixed to any buildings on the site unless the local planning authority has first approved in writing, details of the position, height, design, beam orientation, measures to control light spillage and intensity of illumination. Only the approved details shall be installed. Any lighting, which is so installed, shall thereafter be maintained and operated in accordance with the approved details and shall not be altered other than for routine maintenance.

To maintain the integrity and character of the area as supported by policy EN1 of the Sevenoaks Allocations and Development Management Plan.

19) The development hereby permitted shall be carried out in accordance with the following approved plans and details: 8195-DRW-DES-0014-Location Plan-v1.0, DES-0001, 0002, 0003, 0004, 0005, 0006, 0007, 0008, 0009, 0010, 0011, 0012, 0013, 0015 and NEO00936_0261_D.

For the avoidance of doubt and in the interests of proper planning.

Informatives:

1.    Lead Local Flood Authority Advisory: KCC emphasize that additional ground investigation will be required to support the use of infiltration. It is recommended that soakage tests be compliant with BRE 365, notably the requirement to fill the test pit several times. Detailed design should utilise a modified infiltrate rate and demonstrate that any soakaway will have an appropriate half drain time.

2.    Chemicals & Fuel Storage: Any facilities for the storage of oils, fuels or chemicals shall be provided with secondary containment that is impermeable to both the oil, fuel or chemical and water, for example a bund, details of which shall be submitted to the local planning authority for approval. The minimum volume of the secondary containment should be at least equivalent to the capacity of the tank plus 10%. If there is more than one tank in the secondary containment the capacity of the containment should be at least the capacity of the largest tank plus 10% or 25% of the total tank capacity, whichever is greatest. All fill points, vents, gauges and sight gauge must be located within the secondary containment. The secondary containment shall have no opening used to drain the system. Associated above ground pipework should be protected from accidental damage. Below ground pipework should have no mechanical joints, except at inspection hatches and either leak detection equipment installed or regular leak checks. All fill points and tank vent pipe outlets should be detailed to discharge downwards into the bund.

3.    Highways Informative: It is important to note that planning permission does not convey any approval to carry out works on or affecting the public highway.

Any changes to or affecting the public highway in Kent require the formal agreement of the Highway Authority, Kent County Council (KCC), and it should not be assumed that this will be a given because planning permission has been granted. For this reason, anyone considering works which may affect the public highway, including any highway-owned street furniture, is advised to engage with KCC Highways and Transportation at an early stage in the design process.

Across the county there are pieces of land next to private homes and gardens that do not look like roads or pavements but are actually part of the public highway. Some of this highway land is owned by Kent County Council whilst some is owned by third party owners. Irrespective of the ownership, this land may have highway rights over the topsoil.

Works on private land may also affect the public highway. These include works to cellars, to retaining walls which support the highway or land above the highway, and to balconies, signs or other structures which project over the highway. Such works also require the approval of the Highway Authority.

Kent County Council has now introduced a formal technical approval process for new or altered highway assets, with the aim of improving future maintainability. This process applies to all development works affecting the public highway other than applications for vehicle crossings, which are covered by a separate approval process.

Should the development be approved by the Planning Authority, it is the responsibility of the applicant to ensure, before the development is commenced, that all necessary highway approvals and consents have been obtained and that the limits of the highway boundary have been clearly established, since failure to do so may result in enforcement action being taken by the Highway Authority. The applicant must also ensure that the details shown on the approved plans agree in every aspect with those approved under the relevant legislation and common law. It is therefore important for the applicant to contact KCC Highways and Transportation to progress this aspect of the works prior to commencement on site.

Guidance for applicants, including information about how to clarify the highway boundary and links to application forms for vehicular crossings and other highway matters, may be found on Kent County Council's website:https://www.kent.gov.uk/roads-and-travel/highway-permits-and-licences/highways-permissionsand-technical-guidance. Alternatively, KCC Highways and Transportation may be contacted by telephone: 03000 418181