The application sought to vary condition nos. 2 (accordance with approved plans), 3 (duration of temporary permission), 10 (scheme of landscaping,) and18 (penetrative construction methods) of planning permission ref. 14/00836/FUL (Erection of solar Photovoltaic (PV) arrays with associated infrastructure (ancillary equipment includes inverters, transformers and substations), access tracks, fencing and security including pole mounted CCTV on Ockendon Landfill Site).  The Committee heard there was a proposed change in Condition 2 to include an additional plan amending the layout of the solar farm to introduce more capacity, although reducing the height of the structures.  The proposed amendment to condition no. 3 sought to extend the lifetime of the permission and consequential changes to landscaping were addressed by condition no. 10  The proposed amendment to condition 18 would address the potential for penetrative foundations into the capping layer above the former landfill site.  The Committee was advised that an additional drawing showing the individual land parcels had been submitted.

Councillor Ojetola questioned sought clarification as to why the work had not commenced within the timeframe for work to start, given the application was from 2014.  The application was not determined by the Planning Committee until November 2014 and then was subject to approval by the Secretary of State and s.106 discussions.  Final permission had not been granted until 2016 and during that time national subsidies for solar power had been reduced or withdrawn.

The Campaign to Protect Rural Essex Representative queried the location of the site in relation to an overhead power line to the East and the proposed Lower Thames Crossing Route.  Members were advised that there was a power line to the east of the site, a gas easement to the north which would sterilise part of the site and the draft alignment of the Lower Thames Crossing which was in the public domain ran East to West immediately adjacent to the North of the Site.

Councillor Ojetola left the Committee at 19:59

Councillor Snell questioned asked if the reduction in height was in order to fit more rows of panels.  It was confirmed that panels would need to be arranged in such a way that they did not overshadow each other.  The original scheme did not include piles however this application had the potential to drive the aluminium frames into the cap layer without disrupting the landfill.  However this was only a potential and there was a condition whereby ‘in the event that’ such work could not commence without a scheme submitted to the Council for approval, therefore reserving the Committee’s position.

Councillor Piccolo noted that recommendation 18 was ‘if’ but queried whether there was a condition regarding how piles would be repaired or treated in 40 years’ time.  The Committee was advised that Condition 4 was a standard decommissioning agreement which required a Decommissioning Method Statement to be submitted and approved.

Councillor Churchman also questioned what would happen to the land after the duration of the temporary permissions, and if it would return to the public domain.  The site was designated agricultural land, of category 3B which was below average.  Condition 5 ensured that the land between panels would remain available as agricultural land, either for grazing or wild-flowers.  At the end of the duration the structures would be physically removed and the land would revert to its former state.  The existing S.106 agreement included a ‘Green Grid’ contribution and ensured no impact on the existing right of way through the site.

The Agent, Spencer Powell, was invited to the Committee to present his statement of support.

The Vice-Chair felt it was logical to extend the life of the site and add more arrays given the change in subsidies.  He was in favour of renewable energy and therefore would support the application.

It was proposed by the Vice-Chair and seconded by Councillor Snell that the application be approved, subject to referral to the Secretary of State, the completion of a deed of variation to the existing s.106 legal agreement and planning conditions (also to include reference to the additional drawing), as per the Officer’s recommendation.

For:                  Councillors Tom Kelly (Chair), Steve Liddiard (Vice-Chair), Colin Churchman, Graham Hamilton, Terry Piccolo, Gerard Rice, Graham Snell and David Potter.

Against:           (0)

Abstain:           (0)

RESOLVED:

That the application be approved, subject to referral to the Secretary of State, the completion of a deed of variation to the existing s.106 legal agreement and planning conditions.