Conditions / Refusal Reasons
The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission.
Reason: By virtue of Sections 91 to 95 of the Town and Country Planning Act 1990 as amended by section 51 of the Planning and Compulsory Purchase Act 2004.
That the development hereby approved shall be carried out in accordance with the details shown on the following approved plans:
Location Plan drwgno P21_0405_01 A
Preliminary Site Layout Plan 42MW POC_v31
Tree Plan Sheet 1 of 3 drwgno BHA_1112_02 Rev A
Tree Plan Sheet 2 of 3 drwgno BHA_1112_02 Rev A
Tree Plan Sheet 3 of 3 drwgno BHA_1112_02 Rev A
Solar Panel Detail P21-0405-06 (Figure 2.4)
Frame and Anchor Detail P21-0405-06 (Figure 2.5)
Site Track Detail P21-04-05-06 (Figure 2.6)
Transformer Housing P21-04-05-06 (Figure 2.7)
Control Room P21-04-05-06 (Figure 2.8)
Security Fence P21-04-05-06 (Figure 2.9)
Security System P21-04-05-06 (Figure 2.10)
except as controlled or modified by conditions of this permission.
Reason: To secure the proper planning of the area in accordance with Development Plan policies.
The permission shall expire no later than 40 years from the date when electricity is first exported from any part of the array to the electricity grid network ('First Export Date'). Written confirmation of the First Export Date shall be provided to the Local Planning Authority no later than one calendar month after the event.
Reason: Because of the temporary nature of the development and in order to safeguard the amenities of the area and protect the rural character of the area in accordance with Policies ENV1, DES1 and DES9 of the South Oxfordshire Local Plan 2035.
Prior to the commencement of the development hereby permitted, full details of the final locations, design and materials to be used for the panel arrays, inverters, substation, control building, switch room, CCTV cameras and fencing based on Preliminary Site Layout Plan 42MW POC_v31 shall be submitted to and approved in writing by the Local Planning Authority. Subsequently the development shall be carried out in accordance with the approved details.
Reason: To ensure the development is carried out in accordance with the application submission and in a manner which minimises the visual impact on the character of the rural area and the effects of glint and glare in accordance with Policies ENV1 and ENV12 of the South Oxfordshire Local Plan 2035.
Prior to the commencement of development, a detailed earthing report and accompanying report demonstrating the protection of the gas pipeline should be submitted to the Local Planning Authority for written agreement in consultation with National Gas (or future asset owner). The earthing report and associated documentation should meet the following criteria:
a) Demonstrate the proposed solar arrays will allow the continued safe operation and protection of the cathodic protection system for the gas pipeline.
b) Demonstrate that there are no cables running parallel within 50m of the cathodic protection system to avoid damage.
c) Provide locations of all vehicle, plant and equipment crossings with any necessary protection measures, deed of consent and indemnity agreements.
d) Demonstrate that any cables, drains, fences or boundary treatments cross the pipeline in a perpendicular manner or as close to perpendicular as possible in agreement with National Gas.
e) Provide details and agreement to a pre- and post- go live check to confirm any cables/solar arrays are not interfering with the cathodic protection system for the pipeline.
f) Provide details of long-term access to the site for National Gas to allow for maintenance and management.
The measures and agreements must be implemented in accordance with the approved details otherwise this will represent a breach of this planning condition.
Reason: To safeguard the safe operation, management and maintenance of the gas transmission assets underground within the site, in accordance with Policy INF1 of the South Oxfordshire Local Plan 2035.
Prior to any demolition and the commencement of the development a professional archaeological organisation acceptable to the Local Planning Authority shall prepare an Archaeological Written Scheme of Investigation, relating to the application site area, which shall be submitted to and approved in writing by the Local Planning Authority.
Reason: To enable an appropriate level of archaeological investigation of the area including excavation and recording, post excavation analysis and the publication of results in accordance with Policy ENV9 South Oxfordshire Local Plan 2035 and the National Planning Policy Framework.
Following the approval of the Written Scheme of Investigation and prior to the commencement of the development (other than in accordance with the agreed Written Scheme of Investigation), a programme of archaeological investigation and mitigation, including provision for the preservation of any significant archaeological remains, shall be carried out by the commissioned archaeological organisation in accordance with the approved Written Scheme of Investigation. The programme of work shall include all processing, research and analysis necessary to produce an accessible and useable archive and a full report for publication which shall be submitted to the Local Planning Authority within two years of the completion of the archaeological fieldwork.
Reason: To enable an appropriate level of archaeological investigation of the area including excavation and recording, post excavation analysis and the to safeguard the identification, recording, preservation, analysis and archiving of heritage assets before they are lost and to advance understanding of the heritage assets in their wider context through publication and dissemination of the evidence in accordance with Policy ENV9 of the of the South Oxfordshire Local Plan 2035 and National Planning Policy Framework.
Construction shall not begin until a detailed surface water drainage scheme for the site based on SDD report reference OX5070-PD-R1, DLP Consultants memo dated 06/07/2022 (time 17:36), sustainable drainage principles and the hydrogeological context of the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.
The scheme shall include:
a) A compliance report to demonstrate how the scheme complies with the "Local Standards and Guidance for Surface Water Drainage on Major Development in Oxfordshire";
b) Full drainage calculations for all events up to and including the 1 in 100 year plus 40% climate change;
c) A Flood Exceedance Conveyance Plan;
d) Comprehensive infiltration testing across the site to BRE DG 365;
e) Detailed design drainage layout drawings of the SuDS proposals including crosssection details;
f) Details of check dams;
g) Detailed maintenance management plan in accordance with Section 32 of CIRIA C753 including maintenance schedules for each drainage element;
h) Details of how water quality will be managed during construction and post development in perpetuity;
I) Consent for any connections into third party drainage systems
Reason: To ensure the proper provision of surface water drainage and to ensure flooding is not exacerbated in the locality in accordance with Policy EP4 of the South Oxfordshire Local Plan 2035.
A Construction Traffic Management Plan (CTMP), which shall include on site wheel washing facilities, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The approved CTMP shall be implemented prior to any works being carried out on site and shall be maintained throughout the course of the construction of the development. The CTMP shall state the times at which plant or material will be delivered to the site.
Reason: In the interests of highway safety and to mitigate the impact of construction vehicles on the surrounding highway network, road infrastructure and local residents, particularly at morning and afternoon peak traffic times and in accordance with Policy TRANS5 of the South Oxfordshire Local Plan 2035.
Prior to the commencement of the development hereby approved a scheme for the landscaping of the site, including the planting of live trees and shrubs, the treatment of the access road and hard standings, and glint and glare mitigation shall be submitted to and approved in writing by the Local Planning Authority.
These details shall include schedules of new trees and shrubs to be planted (noting species, plant sizes and numbers/densities), the identification of the existing trees and shrubs on the site to be retained (noting species, location and spread), any earth moving operations and finished levels/contours, and an implementation programme.
The scheme shall be implemented by no later than the first planting season following the First Export Date and thereafter be maintained in accordance with the approved scheme.
In the event of any of the trees or shrubs so planted dying or being seriously damaged or destroyed within 5 years of the completion of the development, a new tree or shrub or equivalent number of trees or shrubs, as the case may be, of a species first approved by the Local Planning Authority, shall be planted and properly maintained in a position or positions first approved in writing by the Local Planning Authority.
Reason: To help to assimilate the development into its surroundings and mitigate any harmful impacts from glint, glare or reflections in accordance with Policies ENV1, ENV12 and DES1 of the South Oxfordshire Local Plan 2035.
Concurrent with the submission of comprehensive details of the proposed landscape works, a maintenance schedule and a long term management plan (for a minimum period of 20 years), for the soft landscaping works shall be submitted to and approved in writing by the Local Planning Authority. The Landscape Management Plan shall include:
a) Details of long term design principles and objectives.
b) Management responsibilities, maintenance schedules and replacement provisions for existing retained landscape features and any landscape to be implemented as part of the approved landscape scheme.
c) Summary plan detailing different management procedures for the types of landscape on site. The schedule and plan shall be implemented in accordance with the agreed programme.
Reason: To help to assimilate the development into its surroundings and mitigate any harmful impacts from glint, glare or reflections in accordance with Policies ENV1 and DES1 of the South Oxfordshire Local Plan 2035.
Prior to the commencement of any site works or operations relating to the development (including site clearance) hereby permitted, an Arboricultural Method Statement to ensure the satisfactory protection of retained trees during the construction period shall be submitted to and approved in writing by the Local Planning Authority.
The matters to be encompassed within the Arboricultural Method Statement shall include the following:
a) A specification for the pruning of, or tree surgery to, trees to be retained in order to prevent accidental damage by construction activities.
b) The specification of the location, materials and means of construction of temporary protective fencing and/or ground protection in the vicinity of trees to be retained, in accordance with the recommendations of the current edition of BS 5837 ''Trees in relation to construction'', and details of the timing and duration of its erection.
c) The definition of areas for the storage or stockpiling of materials, temporary on-site parking, site offices and huts, mixing of cement or concrete, and fuel storage.
d) The specification of the routing and mean of installation of drainage or any underground services in the vicinity of retained trees; Consideration will be made to avoid the siting of utilities and service runs within the Root Protection Area (RPA) of all trees to be retained. Only where it can be demonstrated that there is no alternative location for the laying of utilities, will encroachment into the RPA be considered. Methodology for any installation works within the RPA will be provided and must be in compliance with NJUG Volume 4, 2007 'Guidelines for the planning and installation and maintenance of utility apparatus in proximity to trees'.
e) The details of the materials and method of construction of any roadway, parking, pathway or other surfacing within the RPA, which is to be of a 'no dig' construction method in accordance with the principles of Arboricultural Practice Note 12 "Through the Trees to Development'', and in accordance with current industry best practice; and as appropriate for the type of roadway required in relation to its usage.
f) Provision for the supervision of ANY works within the root protection areas of trees to be retained, and for the monitoring of continuing compliance with the protective measures specified, by an appropriately qualified arboricultural consultant, to be appointed at the developer's expense and notified to the Local Planning Authority, prior to the commencement of development; and provision for the regular reporting of continued compliance or any departure there from to the Local Planning Authority.
Reason: To safeguard trees which are intrinsically important, visually important, to retain biodiversity and to assist in mitigating any harmful impacts from glint, glare or reflections in accordance with Policy ENV1 of the South Oxfordshire Local Plan 2035.
Prior to the commencement of the development hereby approved, a Biodiversity Enhancement Plan (BEP) shall be submitted to and approved in writing by the Local Planning Authority. The BEP should be in accordance with the recommendations made in section 6 of the supporting Ecological Appraisal (Landscape Science Consultancy Ltd, August 2020) and include:
a) Details of habitat creation and enhancement (this could cross reference relevant landscape plans) and include suitably detailed drawings and cross sections as required.
b) Details of species enhancements including relevant scale plans and drawings showing the location and specification of these features especially the location of badger/mammal access gates in perimeter fencing.
c) Selection of appropriate strategies for creating/enhancing target habitats or introducing target species.
d) Selection of specific techniques and practices for establishing vegetation.
e) Sources of habitat materials (e.g. plant stock) or species individuals.
f) Method statement for site preparation and establishment of target features.
g) Extent and location of proposed works.
h) Ongoing management activities of created habitats for the lifetime of the development.
Thereafter, the biodiversity enhancement measures shall be developed on site and managed in accordance with the approved details. All enhancements should be delivered by no later than the first planting season following the First Export Date and thereafter be maintained in accordance with the approved scheme.
Reason: To secure net gains for biodiversity, in accordance with Policies ENV2 and ENV3 of the South Oxfordshire Local Plan 2035.
Prior to the commencement of the development (including vegetation clearance), a Construction Environmental Management Plan for Biodiversity (CEMP: Biodiversity) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP (Biodiversity) shall be based on Chapter 4 of the submitted Environmental Statement and associated Ecology Appendices and Figures prepared by Pegasus Group dated August 2021.
It shall include the following:
a) Update ecological surveys for relevant habitats and species, update surveys shall follow national good practice guidelines.
b) Risk assessment of potentially damaging construction activities.
c) Identification of biodiversity protection zones.
d) Practical measures (both physical measures and sensitive working practices) to avoid, reduce or mitigate the impacts on important habitats and protected species during construction.
e) The location and timing of sensitive works to avoid harm to biodiversity features.
f) The times during construction when specialist ecologists need to be present on site to oversee works.
g) Responsible persons and lines of communication.
h) Use of protective fences, exclusion barriers and warning signs.
The approved CEMP (Biodiversity) shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.
Reason: To minimise the impacts of development on biodiversity, in accordance with Policies ENV2 and ENV3 of the South Oxfordshire Local Plan 2035.
No development hereby permitted shall take place unless and until a certificate from the Delivery Partner (as set out in the District Licence WML-OR112, or a 'Further Licence'), confirming that all necessary measures regarding great crested newt compensation have been appropriately dealt with, has been submitted to and approved by the planning authority and the authority has provided authorisation for the development to proceed under the district newt licence. The delivery partner certificate must be submitted to this planning authority for approval prior to the commencement of the development hereby approved.
In order to adequately compensate for negative impacts to great crested newts, and in line with section 15 of the National Planning Policy Framework, Circular 06/2005 and the Natural Environment and Rural Communities Act 2006. To protect biodiversity, in accordance with Policies ENV2 and ENV3 of the South Oxfordshire Local Plan 2035.
No development hereby permitted shall take place except in accordance with the terms and conditions of the Council's Organisational Licence (WML-OR112, or a 'Further Licence') and with the proposals detailed on plan "Dodwell Solar: Impact plan for great crested newt District Licensing (Version 1)" dated 6th April 2023.
Reason: In order to ensure that adverse impacts on great crested newts are adequately mitigated and to ensure that site works are delivered in full compliance with the Organisational Licence (WML-OR112, or a 'Further Licence'), section 15 of the National Planning Policy Framework, Circular 06/2005 and the Natural Environment and Rural Communities Act 2006. To protect biodiversity, in accordance with Policies ENV2 and ENV3 of the South Oxfordshire Local Plan 2035.
The vision splays shown on the approved plan OX5070PD-001 shall not be obstructed by any object, structure, planting or other material with a height exceeding or growing above 0.9 metres as measured from carriageway level.
Reason: In the interest of highway safety in accordance with Policy TRANS5 of the South Oxfordshire Local Plan 2035.
All construction traffic serving the development shall enter and leave the site through the access shown on the approved plan OX5070PD-001 and not via any other access.
Reason: In the interest of highway safety in accordance with Policy TRANS5 of the South Oxfordshire Local Plan 2035.
No external lights shall be erected within the site without the prior written agreement of the Local Planning Authority.
Reason: To safeguard the character and appearance of the countryside in accordance with Policy ENV1 of the South Oxfordshire Local Plan 2035.
Should the solar panels not be used continuously for the production of energy for a period of six months, the panels, support structures and associated buildings shall be removed in their entirety and the land shall be restored to its former condition in accordance with a scheme of work submitted to and approved in writing by the Local Planning Authority.
Reason: To prevent the retention of development in the countryside that is not being used for its intended purpose in the interest of the appearance of the countryside in accordance with Policy ENV1 of the South Oxfordshire Local Plan 2035.
Not less than 12 months before the cessation of the development hereby permitted, a Decommissioning Method Statement (DMS) shall be submitted to and approved in writing by the Local Planning Authority. The DMS shall include details of the removal of the panels, supports, inverters, cables, buildings and all associated structures and fencing from the site, and a timetable for their removal. The DMS shall also include a traffic management plan to address likely traffic impacts during the decommissioning period and details of the proposed restoration of the site. The site shall be decommissioned in accordance with the approved DMS within 6 months of the expiry of the 40 year period of planning permission.
Reason: Because of the temporary nature of the development and in order to safeguard the amenities of the area and protect the rural character of the area in accordance with Policies ENV1, DES1 and DES9 of the South Oxfordshire Local Plan 2035.
NATURESPACE INFORMATIVE: It is recommended that the NatureSpace Best Practice Principles are considered and implemented where possible and appropriate. It is recommended that the NatureSpace certificate is submitted to this planning authority at least 6 months prior to the intended commencement of any works on site.