Planning Applications for Solar PV Farms on Greenfield Land (Braintree, Essex)
The Petition of residents of Foxearth and Liston, Belchamp Saint Pauls and Belchamp Otten, and Pentlow Parishes, Essex,
Declares that the Petitioners object to the siting of Solar PV farms because they will exceed the 50 megawatt limitation as set out in the Town and Country Planning Act 1990 thus requiring consideration by the Secretary of State for Energy and Climate Change; further that these sites involve Grade II agricultural land which is within the top 21% of agricultural land in the country and protected as such under the National Planning Policy Framework; further that the Department of Communities and Local Government issued in July 2013 planning guidance which referred to the requirements to consider technology and potential impacts on the local environment; further that there is an absence of locational need and a site search has not been fully carried out; further that the impact of the developments will be extensive and will include a two-metre security fence on Greenfield land with significant consequences on the surrounding countryside; further that on two of the proposed sites a Grade I listed church and several Grade II listed houses will be overlooked; and further that the proposals are intended to last for 25 years but during that time they will effectively preclude agricultural use and will degrade the land and will impact upon the sites and surrounding areas.
The Petitioners therefore request that the House of Commons urges the Department for Energy and Climate Change to refuse all planning applications to build on sites where Solar PV farms will be developed.
And the Petitioners remain, etc.—[Presented by Mr Brooks Newmark, Official Report, 12 November 2013; Vol. 570, c. 926.]
[P001290]
Observations from the Secretary of State for Communities and Local Government:
The Secretary of State for Communities and Local Government is aware that a planning application has been submitted to Braintree District Council for a solar farm at Big Deere Lodge, Belchamp St Paul. He also understands that requests for screening opinions on the need for environmental impact assessment have been submitted for solar farm proposals on Land South of Buntings Farm, Pentlow and Land at Shearing Place Farm, Belchamp St Paul but no formal planning applications have been submitted. The Secretary of State is unable to comment on specific proposals.
Particular concerns have been raised because there are a number of proposals relating to solar farms within the local area, which have a combined capacity, if considered collectively, that would meet the threshold where the Secretary of State for Energy and Climate Change would determine proposals under the regime for nationally significant infrastructure (the Planning Act 2008). An application for a solar energy development must be considered under the Planning Act 2008 where the capacity of the proposed station would exceed 50 megawatts. However, at present, only one planning application has been made and this does not exceed this threshold.
Under the Town and Country Planning Act 1990, local planning authorities have the statutory responsibility for considering planning applications for renewable energy developments of 50 megawatts or less. Planning law requires that applications for planning permission must be determined in accordance with the statutory development plan for the area unless material considerations indicate otherwise. These material considerations include national planning policy. Local authorities will also take into account relevant representations from the local community on the planning merits of the proposal.
The National Planning Policy Framework includes strong protections for the natural environment and requires local councils to take into account the economic and other benefits of the best and most versatile agricultural land. The Framework is clear that local planning authorities should design their policies to ensure that wherever they are located, the adverse impact of renewable energy developments are addressed satisfactorily. Planning applications for renewable energy should only be approved if the impact is, or can be made, acceptable. National policy statements form part of the overall framework of national planning policy, and are a material consideration in decisions on planning applications.
New planning practice guidance was published in July to help ensure planning decisions reflect the environmental balance in the Framework. The guidance is very clear that the need for renewable energy does not automatically override environmental protections and the planning concerns of local communities. In relation to large scale solar farms, the guidance sets out a number of factors a local planning authority will need to consider, in particular, encouraging the effective use of previously developed land, that it allows for continued agricultural use and/or encourages biodiversity improvements around arrays. In relation to heritage assets that guidance clearly states that great care should be taken to ensure heritage assets are conserved in a manner appropriate to their significance, including the impact of the proposals on views important to their setting.