Representation by Lincolnshire County Council (Lincolnshire County Council)
- Date submitted
- 8 June 2023
- Submitted by
- Members of the public/businesses
Lincolnshire County Council (LCC), as a host authority, wishes to register as an Interested Party in connection with the Heckington Fen Solar Park as the development lies within our administrative area. LCC has engaged with Ecotricity (Heck Fen Solar) Limited (the Applicant) throughout the pre-application stage and worked with the other host local authorities: North Kesteven District Council (NKDC) and Boston Borough Council (BBC). All three authorities will be submitting their own Relevant Representation to ensure that the Examining Authority is aware of the matters of interest to those authorities. In due course each authority will submit an individual Local Impact Report (LIR). The following comments are made following an initial review of the extensive DCO application material and are focused on the topics/matters that LCC has an interest in and which we are likely to want to discuss further as part of the Examination. The comments/view expressed in this representation therefore are made without prejudice to a detailed assessment of the examination documents and we reserve the right to raise any further matters/issues at a later stage and as part of our LIR and subsequent Written Representations. At this stage the following comments, and the likely focus of our LIR and Written Representations, are as follows: Environmental Statement - Chapter 3 - Planning Policy It is envisaged that the relevant policies from the Development Plan that apply to the development will be addressed within the Statement of Common Ground to be produced between the Applicant and LCC. However, it is considered relevant and necessary at this stage to point out that Table 5.1 contained within this chapter refers to the Central Lincolnshire Local Plan 2017 however this plan has since been replaced by the Central Lincolnshire Local Plan 2023 which was adopted in April 2023. In light of this, all documentation and assessments should be updated to take into account relevant policies now contained within this new Development Plan. Environmental Statement - Chapters 6 & 7 – Landscape and Visual and Residential Visual Amenity LCC have appointed consultants to review the relevant Landscape and Visual elements of the Heckington Fen Solar Park DCO and the following initial comments are offered at this stage. A fuller and more detailed response will be provided as part of the subsequent Local Impact Report. LCC is concerned that the development has the potential to transform the local landscape by altering the character of the area and consequence of changes to the land use over a large area. This change has potential to affect wider landscape character, at a regional or county scale, by replacing large areas of agricultural or rural land with solar development, affecting the current openness, tranquillity, and agricultural character, that are identified as defining characteristics of the area. We also have concerns about the effects of the development on views from receptors as result of a change from views within an agricultural or rural landscape to that of a landscape containing large scale solar development. The landscape is predominantly flat which would limit long distance views, however, with limited existing vegetation cover long distance views of the site and development are possible and intermittent views may be possible from the railway line, which follows the A1121 before heading towards Heckington to the south of the site along Heckington Fen. LCC also has concerns about the cumulative landscape and visual effects of the proposed development particularly when assessed alongside other proposed NSIP projects including Beacon Fen Energy Park which is being proposed to the north and south of Heckington. As also stated below (see comments in relation to Land-use and Agriculture) LCC submits that the documentation and assessments contained within the ES should be updated to take into account this (as well as other schemes where there is intervisibility between the developments). Although the documentation provided so far contains information in regards landscape mitigation for the site, at this stage it is unclear the extent of disturbance to hedgerows from construction activity. It would therefore be beneficial to clarify the extents of any hedgerow removals to ensure the LVIA fully assesses these changes, and also where removed hedgerows may be replanted or potentially translocated. This includes an assessment if the impacts on vegetation around the permanent and existing access points which are shown on the plans as part of the development. Environmental Statement - Chapters 9 & 14 - Hydrology, hydrogeology and Flood Risk and Drainage / Highways and Access LCC, as Highway and Lead Local Flood Authority, offers the following comments in respect of highway and transport impacts and surface water flood risk after having reviewed the information contained within the following documents: Chapter 14 (Transport and Access) of the ES (Document ref: APP-067) Outline Construction Environmental Management Plan (CEMP) (Document ref: APP-238 – as updated by AS-026 (Tracked Changes Version) Volume 3 of the ES: Appendix 9 Flood Risk Assessment and Drainage Strategy (Document refs: APP-203 and APP-204 now updated by AS-020 (Part 1 - Tracked Changes Version) AS-022 (Tracked Changes Version) Outline Construction Traffic Management Plan (CEMP) Document ref: APP-241) as updated by AS-024 (Tracked Changes Version) Draft DCO (Document ref: APP-015) – updated by AS-007 (Tracked Changes Version) The assessment within the Transport and Access Chapter of the ES is appropriate and provides a reasonable estimate of HGV and car traffic associated with the development during construction and shows that the impact will be within acceptable levels on the highway network. For the Outline CEMP, the following principles are agreed: - routing via A17, - access locations and - left in/left out only allowed to prevent traffic turning across A17. - junction layouts and vehicle swept paths shown are acceptable. Vol 3, Appendix 9.1 of the ES outlines the principles of the surface water flood risk assessment and the restriction to greenfield run?off rates is agreed. Appendix E of this document (Surface Water Drainage Strategy Report) provides an initial assessment of surface water run?off and mitigation proposals in the form of swales and attenuation areas prior to discharge. This is acceptable level of detail at this stage and it is noted that the draft DCO includes appropriate conditions requiring detailed design approval of access, parking, drainage to be approved by the LPA prior to commencement. Environmental Statement - Chapter 10 - Cultural Heritage – the following comments are offered at this stage. Main site - sufficient evaluation, including trenching, has been undertaken on the main site to inform an adequate mitigation strategy in respect of non-designated heritage assets (e.g. buried archaeological features). Trenching on the main site has been demonstrated to work well allowing for a targeted and proportionate mitigation proposal and strategy to be put forward. The mitigation strategy for the main site comprises strip, map and sample excavation of 6 areas of archaeological sensitivity which have been identified in the evaluation phase (Figure 10.4 (APP-162). A further area of sensitivity relating to a post-medieval duck decoy pond, will be preserved through the avoidance of topsoil stripping and levelling. The latter area is not however shown on Figure 10.4 (Energy Park Archaeological Mitigation Areas – APP-162) and so this should be included for clarity. Provision for further mitigation work has also been made should it be deemed necessary in the course of the archaeological work. The proposed mitigation strategy for the main site is therefore agreeable and an Outline Written Scheme of Investigation for Mitigation (Document 7.14 [APP-245) has been submitted for the areas to be subject to archaeological strip, map and sample excavation. This methodology is also provisionally agreeable in principle, however it will need to include a section on the duck decoy pond area (preservation in-situ) which will require an Archaeological Clerk of Works to periodically monitor to ensure compliance. Cable Route - the cable route has not yet been evaluated with trenching which LCC considers is necessary in order to provide sufficient baseline data to be able to identify and assess potential developmental impacts. As stated above, trenching has been demonstrated to work well on the main site, allowing for a targeted and proportionate mitigation proposal to be put forward. LCC therefore submits that trenching of the cable route must also be completed and incorporated into Chapter 10 (Cultural Heritage) of the ES before the supporting evidence and archaeological mitigation strategy can be properly examined in full. As a result there is currently no mitigation strategy proposed for the cable route as the trial trenching evaluation work has yet to be completed and whilst an outline Written Scheme of Investigation for evaluation (Document 7.13 [APP-244]) for the cable route has been submitted and is agreeable in principle, this should be implemented at the earliest opportunity so that the results can be incorporated into the ES chapter and mitigation strategy prior to any final decision being made by the Examining Authority. A fuller and detailed response will be provided as part of the subsequent Local Impact Report. Environmental Statement - Chapter 15 – Land-use and Agriculture 49% of the site (an area of 257 ha) is classed as being ‘best and most versatile’ (BMV) agricultural land quality (Grades 1, 2 & 3a) with 50.6% of the site being subgrade 3b and therefore poorer quality land. It is argued that the installation of the development would not affect the ALC quality of the land and that the development is reversible and therefore the majority of the site could be restored/reinstated meaning the soil resource would not be permanently lost. Consequently, only those areas of land proposed for the fixed equipment and substations, should be treated as sealed-over or irreversibly lost and that this is limited to less than 3 ha of BMV land, and 17.4 ha of Subgrade 3b. Whilst LCC acknowledges that the development has been revised to remove areas of BMV land and it is proposed to graze sheep on area of the land in lieu of the current arable use, concerns remain about the impact of the development in terms of the loss of productive arable farmland not only from this site but also when considered in combination with other NSIP scale projects that are not only being promoted across the County but also with the same District. At this stage, it is considered relevant and necessary to point out that the list of cumulative schemes within Table 16.9 of the ES does not include three other recently proposed NSIP solar projects that also affect the County/North Kesteven District. These projects are Fosse Green, Springwell Solar Farm and Beacon Fen Energy Park and the documentation and assessments contained within the ES updated to take into account these schemes also. A fuller response setting out LCC comments will be provided as part of the subsequent Local Impact Report. In addition to the above we are also likely to make representations in connection with the following: Public Rights of Way – insofar as the proposal affects routes within Lincolnshire; Climate Change – LCC is likely to make comments in respect of the conclusions made with regard the sustainability benefits of the development and the contribution it makes to reducing greenhouse gas emissions. Finally, LCC wishes to draw to the attention of the Planning Inspectorate and the Examining Authority the unprecedented number of DCO projects that are currently on-going in Lincolnshire. Of the many NSIPs that the Council is currently aware of, 9 of these (which includes this proposal) relate to large-scale solar development and in addition to Heckington Fen, 4 of these other solar proposals have already been submitted and accepted by PINs for Examination (i.e. Gate Burton (EN0110131); West Burton (EN010132); Cottam (EN010133); Mallard Pass (EN010127)). In addition a second wave of DCO projects are now commencing their pre-application stage with ambitious timetables working towards submission over the next 6-12 months. The Council wishes to be fully involved in all these Examinations but has only limited resources and personnel and the sheer number, scale and similar timing of these projects has placed significant pressure of the Council’s resources. LCC therefore requests that careful and sensitive attention is given to the Examination timetables to ensure that hearings and deadline dates take into account those of other projects that will be under Examination at the same time.