Representation by Rutland County Council (Rutland County Council)
- Date submitted
- 2 March 2023
- Submitted by
- Local authorities
2nd March 2023 (Also sent by email) MALLARD PASS SOLAR PROJECT (MPSP) RUTLAND COUNTY COUNCIL RELEVANT REPRESENTATION Rutland County Council is a relevant local authority for the purposes of this DCO application and as such will be required to submit detailed comments on the application as part of its Local Impact Report. In addition to the Local Impact Report the Council intends to comment on the proposed development Local Policy Context Rutland County Council considers that the following local policies are relevant to this application and should be considered as important and relevant to the determination of this application. Core Strategy(CS) Policy CS1 (Sustainable development principles) sets out what the Council considers to be the key elements of sustainable development New development in Rutland will be expected to: a) minimise the impact on climate change and include measures to take account of future changes in the climate; b) maintain and wherever possible enhance the county’s environmental, cultural and heritage assets; c) be located where it minimises the need to travel and wherever possible where services and facilities can be accessed safely on foot, by bicycle or public transport; d) make use of previously developed land or conversion or redevelopment of vacant and under-used land and buildings within settlements before development of new green field land; e) respect and wherever possible enhance the character of the towns, villages and landscape; f) minimise the use of resources and meet high environmental standards in terms of design and construction with particular regard to energy and water efficiency, use of sustainable materials and minimisation of waste; g) avoid development of land at risk of flooding or where it would exacerbate the risk of flooding elsewhere; h) contribute towards creating a strong, stable and more diverse economy i) include provision, or contribute towards any services and infrastructure needed to support the development. Policy CS2 (The Spatial Strategy) sets out the Council’s strategy to provide for sustainable development to help create safe and healthy communities and meet the needs of the local economy. Site Allocations and Policies Development Plan Policy (SAPDP) Policy SP1(Presumption in Favour of Sustainable Development) states when considering development proposals the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the NPPF. It will always work proactively with applicants jointly to find solutions which mean that proposals can be approved wherever possible, and to secure development that improves the economic, social and environmental conditions in the area. Planning applications that accord with the policies in this Local Plan (and, where relevant, with policies in neighbourhood plans) will be approved without delay, unless material considerations indicate otherwise. Policy CS4 (The Location of Development) sets out that development in Rutland will be directed towards the most sustainable locations in accordance with the settlement hierarchy of Oakham, Uppingham, Local Service Centres, Smaller Service Centres and Restraint Villages. The rest of Rutland, including settlements not identified in settlement categories will be designated as countryside. Development in the Countryside will be strictly limited to that which has an essential need to be located in the countryside and will be restricted to particular types of development to support the rural economy and meet affordable housing needs. The Council will be commenting on the appropriateness of the proposed development in this location with particular attention to its visual impacts given the overall scale of the proposal and the amount of agricultural land take. Policy CS13 (Employment and Economic Development) focuses on the employment needs of the County but is relevant to the application as point g) indicates that the Council’s strategy is to improve workforce skills by: i)working with local education and skill agencies, and local businesses to establish training facilities to enhance workforce skills; ii)Support the development of new training facilities on employment sites. Policy CS16 (The Rural Economy) sets out the Council’s strategy for the rural economy and amongst other things seeks to: a) encourage agricultural, horticultural and forestry enterprises and farm diversification projects where this would be consistent with maintaining and enhancing the environment, and contribute to local distinctiveness; d) safeguard existing rural employment sites and permit the improvement and expansion of existing businesses provided it is of a scale appropriate to the existing development where this would be consistent with maintaining and enhancing the environment, and contribute to local distinctiveness of the area; Policy SP7 (Non-residential Development in the Countryside) states that amongst other things sustainable development in the countryside will be supported where it is: a) essential for the efficient operation of agriculture, horticulture or forestry; b) essential for the provision of sport, recreation and visitors facilities for which the countryside is the only appropriate location; c) essential investment in infrastructure including utilities, renewable energy and road side services required for public safety purposes; The Council will consider and comment on if or how the development contributes towards meeting the requirements of policies CS13, CS16 and SP7. Comments will focus around the visual impacts of the development and the potential loss of a significant area of agricultural land. Policy SP15 (Design and Amenity) sets out that the Council will expect all new development to meet the requirements for good design set out in Core Strategy CS19 – Promoting good design. Proposals will be assessed to ensure they effectively address the following matters: a) Siting and layout the The siting and layout must reflect the characteristics of the site in terms of its appearance and function. b) Relationship to surroundings and to other development The development must complement the character of the local area and reinforce the distinctiveness of the wider setting. In particular, development should respond to surrounding buildings and the distinctive features or qualities that contribute to the landscape and streetscape quality of the local area. Design should also promote permeability and accessibility by making places connect with each other and ensure ease of movement between homes, jobs and services. c) Amenity The development should protect the amenity of the wider environment, neighbouring uses and occupiers of the proposed development in terms of overlooking, loss of privacy, loss of light, pollution (including contaminated land, light pollution or emissions), odour, noise and other forms of disturbance. d) Density, scale, form and massing The density, scale, form, massing and height of a development must be appropriate to the local context of the site and to the surrounding landscape and/or streetscape character. e) Appropriate facilities The development should incorporate appropriate waste management and storage facilities, provision for the storage of bicycles, connection to broadband networks. f) Detailed design and materials The detailing and materials of a building must be of high quality, respect and contribute to enhancing the local vernacular in respect of building traditions and appropriate to its context. New development should employ sustainable materials, building techniques and technology where appropriate. g) Crime prevention The design and layout of development should be safe and secure, with natural surveillance. Measures to reduce the risk of crime and anti-social behaviour must however not be at the expense of overall design quality. h) Energy and water consumption measures The development should incorporate measures to minimise energy and water consumption, through carefully considered design, layout and orientation of buildings and to make provision for recycling of waste, in particular ensuring that adequate bin storage areas are provided. i) Landscaping The development will only be acceptable if it provides for adequate landscaping, which preserves visual amenity and is designed as an integral part of the layout. Where development would abut or be within open countryside and be exposed to view, landscaping will be required to help integrate it into the surroundings. Landscaping will be expected to make use of native and local species of plants which are resilient to climate change. The use of invasive and non-native plants will be discouraged. For major development an acceptable integrated structural landscaping scheme will need to be submitted. j) Trees and hedgerows Development that would result in the loss of trees and hedgerows will only be acceptable where it would not detract from visual amenity in the area (see also Policy SP19 - Biodiversity and geodiversity conservation). k) Outdoor playing space and amenity open space The development will only be acceptable if it makes adequate provision for open space which: i) is integrated and well located in relation to the proposed and existing development; ii) has step free access, making the site accessible for those with disabilities and pushchair users; iii) provides pathways to and through the open space Standards for provision of new open space are set out in Policy SP22 (Provision of new open space). l) Access and Parking The development should make provision for safe access by vehicles, pedestrians, wheelchair users and cyclists as well as provide good links to and from public transport routes. Developers will be expected to retain existing footpaths, cycle routes and bridleways or to make provision for their reinstatement, and to make provision for new routes to link with existing networks. This includes taking opportunities to enhance access to the countryside through improvements to the rights of way network. Adequate vehicle parking facilities must be provided to serve the needs of the proposed development. Development proposals should make provision for vehicle and cycle parking in accordance with the parking standards set out in Appendix 2, including parking for people with disabilities. There should where practicable be convenient external access for mobility scooters to the rear gardens of residential properties to facilitate parking and storage, if suitable provision has not been made at the front or side of the dwelling. In exceptional circumstances, particularly in the town centres of Oakham and Uppingham, the application of these standards may be varied in order to reflect the accessibility of the site by non-car modes or other identified local requirement. m) Impact on the highway network Development should be designed and located so that it does not have unacceptable adverse impact on the highway network. Where necessary mitigation measures will be required to ensure that any impact is kept within acceptable limits. Development that would have an unacceptable adverse impact on the highway network will not be permitted. Policy CS18 (Sustainable Transport and Accessibility) sets out how the Council will work with partners to improve accessibility and develop the transport network within and beyond Rutland and accommodate the impacts of new development by supporting new development proposals that include a range of appropriate mitigating transport measures aimed improved transport choice and encourage travel to work and school safely by public transport, cycling and walking, including travel plans; provide safe and well designed transport infrastructure; providing adequate levels of car parking in line with Council’s published car parking standards. Policy CS20 (Energy Efficiency and Low Carbon Energy Generation) sets out the Council’s policy on renewable, low carbon and de-centralised energy. Low carbon energy generating developments will be supported where environmental, economic and social impacts can be addressed satisfactorily and where they address the following issues: a) landscape and visual impact, informed by the Rutland Landscape Character Assessment and the Rutland Historic Landscape Character assessment; b) effects on the natural and cultural environment including any potential impacts on the internationally designated nature conservation area of Rutland Water; c) effects on the built environment, public and residential amenity, including noise intrusion; d) the number and size of wind turbines and their cumulative impact; e) the contribution to national and international environmental objectives on climate change and national renewable energy targets. Policy SP18 (Wind Turbines and Low Carbon Energy Developments) sets out the Council’s policy for low carbon energy developments and states that proposals will be supported where environmental, economic and social impacts can be addressed satisfactorily in accordance with Core Strategy Policy CS20 (Energy efficiency and low carbon energy developments) Low carbon energy generating developments will be supported where they are acceptable in terms of: a) impact on residential amenity; b) landscape and visual effects; c) the natural environment; d) the historic and cultural environment; e) noise; f) emissions to ground, watercourses and air; g) odour; h) vehicular access and traffic; i) proximity of generating plants to the renewable energy source; j) grid connection; k) form and siting; l) mitigation; m) the decommissioning of the development and reinstatement of land at the end of its operational life. Policy CS19 (Promoting Good Design) requires all new development to contribute positively to local distinctiveness and sense of place, being appropriate and sympathetic to its setting in terms of scale, height, density, layout, appearance, materials, and its relationship to adjoining buildings and landscape features, and shall not cause unacceptable effects by reason of visual intrusion, overlooking, shading, noise, light pollution or other adverse impact on local character and amenities. All new developments will be expected to meet high standards of design that: a) are sympathetic and make a positive contribution towards the unique character of Rutland’s towns, villages and countryside; b) reduce the opportunity for crime and the fear of crime and support inclusive communities, particularly in terms of access and functionality; c) incorporate features to minimise energy consumption and maximise generation of renewable energy as part of the development (see Policy CS20); d) minimise water use and the risk of flooding to and from the development including the use of Sustainable Urban Drainage Systems wherever possible; e) minimise the production of waste during their construction and operation and maximise the re-use and recycling of materials arising from construction and demolition and; f) allow the sorting, recycling and biological processing of waste through the development’s operational life. Policy CS21 (The Natural Environment) states that development should be appropriate to the landscape character type within which it is situated and contribute to its conservation, enhancement or restoration, or the creation of appropriate new features. The quality and diversity of the natural environment of Rutland will be conserved and enhanced. Conditions for biodiversity will be maintained and improved and important geodiversity assets will be protected. Protected sites and species will be afforded the highest level of protection with priority also given to local aims and targets for the natural environment. All developments, projects and activities will be expected to: a) Provide an appropriate level of protection to legally protected sites and species; b) Maintain and where appropriate enhance conditions for priority habitats and species identified in the Leicestershire, Leicester and Rutland Biodiversity Action Plan; c) Maintain and where appropriate enhance recognised geodiversity assets d) Maintain and where appropriate enhance other sites, features, species or networks of ecological interest and provide for appropriate management of these; e) Maximise opportunities for the restoration, enhancement and connection of ecological or geological assets, particularly in line with the Leicestershire, Leicester and Rutland Biodiversity Action Plan; f) Mitigate against any necessary impacts through appropriate habitat creation, restoration or enhancement on site or elsewhere; g) Respect and where appropriate enhance the character of the landscape identified in the Rutland Landscape Character assessment; h) Maintain and where appropriate enhance green infrastructure. (see Policy CS23) Policy SP23 (Landscape Character in the Countryside) states that proposals to develop on land in the countryside will only be permitted where the development complies with either Policy SP6 (Housing in the countryside) or Policy SP7 (Non-residential development in the countryside) and Policy SP15 (Design and amenity) and Policy SP19 (Biodiversity and geodiversity conservation). New development in and adjoining the countryside will only be acceptable where it is designed so as to be sensitive to its landscape setting. Development will be expected to enhance the distinctive qualities of the landscape character types in which it would be situated, including the distinctive elements, features, and other spatial characteristics as identified in the Council’s current Rutland Landscape Character Assessment. Proposals will be expected to respond to the recommended landscape objectives for the character area within which it is situated. Policy SP19 (Biodiversity and Geodiversity Conservation) states that development proposals will normally be acceptable where the primary objective is to conserve or enhance biodiversity or geodiversity. All new developments will be expected to maintain, protect and enhance biodiversity and geodiversity conservation interests in accordance with Core Strategy CS21 (The natural environment). Policy CS22 (The Historic and Cultural Environment) states that the quality and character of the built and historic environment of Rutland will be conserved and enhanced. Particular protection will be given to the character and special features of: a) listed buildings and features; b) conservation areas; c) scheduled ancient monuments; d) historic parks and gardens; e) known and potential archaeological sites. All developments, projects and activities will be expected to protect and where possible enhance historic assets and their settings, maintain local distinctiveness and the character of identified features. Development should respect the historic landscape character and contribute to its conservation, enhancement or restoration, or the creation of appropriate new features. Policy SP20 (The Historic Environment) states that all developments, projects and activities will be expected to protect and where possible enhance historic assets and their settings, maintain local distinctiveness and the character of identified features in accordance with Core Strategy Policy CS22 (The historic and cultural environment). Development in conservation areas will only be acceptable where the scale, form, siting and design of the development and the materials proposed would preserve or enhance the character or appearance of the area. Development will not be acceptable if it would have an adverse effect upon: i) the appearance of buildings being altered; ii) the immediate setting of the development; iii) the street scene, views into and out of the area; iv) other environmental, amenity and highway interests; and v) important features such as trees, hedgerows or important open spaces. Policy SP20 requires the protection of listed buildings and seeks to protect the setting of listed buildings where proposals could have an impact. The policy also seeks to protect against the removal or destruction of remains of archaeological interest. Policy CS23 (Green Infrastructure, Open Space, Sport and Recreation) states that the existing green infrastructure network will be safeguarded, improved and enhanced by further provision to ensure accessible multi-functional green spaces by linking existing areas of open space. This will be achieved amongst other things by, the continued development of a network of green spaces, paths and cycleways in and around the towns and villages; resisting development resulting in the loss of green infrastructure or harm to its use or enjoyment by the public. The Council intend to comment further on the potential impact of the development on enjoyment of existing public rights of way which run across or close to the application site. Policy CS8 (Developer Contributions) sets out how and when developer contributions will be sought to ensure that impacts from new developments are suitably mitigated or compensated for. The Council will consider the potential for developer contributions to help mitigate the impacts of the development on the local community in the event that the application is approved. Main Issues for Consideration: The main areas Rutland County Council considers relevant to the assessment of the project are, but not limited to, the following topics and we intend to provide additional representations in relation to these areas: • Highways and Access In particular the construction and decommissioning phases of the development and its impacts on the highway network throughout Rutland. • Noise / Vibration The potential impacts from the development in terms of noise and vibration in particular during the construction and decommissioning phases of the project. • Socio-Economic Impacts The potential impacts of the development including job creation, impacts on tourism, and consideration of any potential for wider community benefits. • Impact on Water Resource / Ground Water / Flood Risk Assessment and potential for mitigation of the impacts of the development throughout all stages of the development on the water resource and potential increase flood risk. • Agricultural Land Resource The potential loss of Best and Most Versatile (BMV) agricultural land along with the cumulative impacts of other NSIP projects which are also proposed within the wider Rutland and Lincolnshire areas. • Ecology and Biodiversity The potential impacts during all stages of the development on the local ecology and biodiversity of the area. Particular attention will be paid to the impacts of the development on nationally and internationally protected sites and species. • Heritage Assets and Archaeology The potential impact of the development on designated heritage assets including nearby Conservation Areas, Listed Buildings and Scheduled Ancient Monuments. Reference will also be made to the potential impacts of the development on archaeological sites in the area. • Landscape and visual impact The council will be providing full and detailed comments on the Landscape Visual Impact Assessment submitted with the application and the acceptability of the proposals and the suitability of the proposed landscape mitigation. • Impact on Residential Amenity The impacts of the development on the amenities of the occupiers of nearby residential properties. • Cumulative impacts of the development The Cumulative impacts of the development with other developments in the area including the potential loss of high quality agricultural land across Rutland and the neighbouring county of Lincolnshire. • Glint and Glare The potential additional and wider visual amenity impacts of the development from glint and glare from the siting of the proposed solar panels. • Impacts on Public Rights of Way The loss of amenity to the users of public rights of way that run across and nearby the application site. There will no doubt be other issues which arise throughout the examination process, including feedback from other relevant statutory and non-statutory bodies and local stakeholders. The Council therefore looks forward to continuing to work with the applicant and the Planning Inspectorate as the project progresses through the DCO process and would welcome the opportunity to comment on these matters throughout the examination. Yours sincerely Justin Johnson Development Manager - Planning