Representation by North Yorkshire Council (North Yorkshire Council)
- Date submitted
- 30 September 2024
- Submitted by
- Local authorities
North Yorkshire Council Helios Renewable Energy - Relevant Representation – 30-09-2024 The following is the Relevant Representation from North Yorkshire Council. This, as per the guidance notes, is intended as a brief summary of the Council’s position on key areas of the application as it relates to council services. A more detailed assessment of the application will be presented as part of the Local Impact Report. We look forward to engaging further, throughout the examination. Planning Policy and the Development Plan The principle of the development in this location needs to be determined in accordance with National Policy Statements, Emerging National Policy Statements, the NPPF and the Development Plan for the area. The site falls within the Selby area of North Yorkshire Council. The Adopted Development Plan for this area comprises; • The Minerals and Waste Joint Plan (adopted 16 February 2022)- Policies S01, S02, S07, W01, W05 • The Selby Core Strategy Local Plan 2013-Policies Sp1, SP2, SP12, SP13, SP15, SP16, SP17, SP18 and SP19 • The Selby District Local Plan 2005-Policies ENV1, ENV2, ENV3, ENV4, ENV9, ENV12, ENV13, ENV16, ENV17, ENV27, ENV28, T1, T2, T8 AND CS6. The Emerging Development Plan for this location is: Selby District Council Local Plan publication version 2022 (Reg 19) On 17 September 2019, Selby District Council agreed to prepare a new Local Plan. Consultation on issues and options took place early in 2020 and further consultation took place on preferred options and additional sites in 2021. The Pre-submission Publication Local Plan (under Regulation 19 of the Town and Country Planning (Local Development) (England) Regulations 2012, as amended), including supporting documents, associated evidence base and background papers, was subject to formal consultation that ended on 28th October 2022. The responses have been considered and the next stage involves the submission of the plan to the Secretary of State for Examination. The Authority will set out all relevant policies as they relate to the application in the Local Impact Report. While national and local policies are broadly supportive of low carbon and renewable energy proposals in principle, the local environmental impacts of the proposals need to be given full and careful consideration. Environmental Health - Air Quality Construction Phase The potential for amenity impacts during the construction phase is acknowledged and mitigation measures will be incorporated into the outline Construction Environmental Management Plan (CEMP) as an Appendix to the Environment Statement (ES). Construction compound(s) are proposed within the site adjacent to the site entrance. I would recommend that consideration is given to safeguarding the amenity of existing sensitive receptors when siting construction compound(s). Operational Phase Effects arising from vehicular use during the operational phase are expected to be negligible and therefore will result in a negligible impact on air quality. Five LGV movements per month are projected for maintenance purposes. Overall, I would concur with the scoping out of operational air quality impacts, and that amenity impacts could/should be mitigated through a CEMP. Construction Noise/Vibration A 12-month construction phase is expected for this project. Potential significant impacts have been assed appropriately. An outline Construction Environmental Management Plan (oCEMP) is provided (Appendix 5.1) which commits to a communication strategy with neighbouring residents throughout the duration of works to provide updates on the construction programme (4.9). Overall, taking into account the aforementioned, there are no objections relating to construction noise/vibration impacts so far as this department’s interests are concerned. Operational Noise/Vibration Operational plant noise is assessed using BS4142:2014+A1:2019 methodology. Existing sound levels are determined using statistical analysis of measured LA90,T values and presented in Appendix 11.1: Time History and Statistical Analysis Graphs. The report also considers cumulative operational noise impacts with other ongoing development nearby, including East Yorkshire Solar Farm and Drax BECCS NSIPs, and predicts no adverse impacts (i.e. a Rating Level exceeding background sound levels by ?5dB). Operational vibration impact has been scoped out on the basis that solar farms are not known to vibrate significantly. Overall, taking into account the aforementioned, there are no objections relating to operational noise/vibration impacts so far as this department’s interests are concerned. Air Quality Construction air quality mitigation measures are assessed concluding a ‘medium risk’ of impacts during earthworks and a ‘low risk’ of impacts for trackout. Consequently, a series of best practice mitigation measures are recommended for inclusion within a Dust Management Plan (DMP), which is proposed within the oCEMP (5.46) alongside a monitoring regime. Overall, taking into account the aforementioned, there are no objections relating to construction air quality impacts so far as this department’s interests are concerned. Biodiversity The overall approach to assessment for biodiversity is supported, including use of the CIEEM guidelines for Ecological Impact Assessment (EcIA). Ongoing consultation with the local authority and Natural England with regards to the scope of surveys is noted and welcomed. There has not been time to review all of the ecological documentation provided to inform the relevant representation, however the general approach to avoiding or minimising impacts through the detailed design of the construction is welcomed retaining key habitat features including woodland, hedgerows, ponds, mature trees and ditches. The outline Landscape and Ecological Management Plan (oLEMP), BNG metric and Biodiversity Impact Assessment have not yet been reviewed, but there is an expectation that BNG will be delivered on site through the creation of new habitats of high ecological value, including wildflower grassland, wetland meadow creation, pond/wetland scrape creation, hedgerows, woodland belts, and scrub planting. Heritage I have reviewed the revised Cultural Heritage chapter (Chapter 6; June 2024) and Cultural Heritage Technical Appendix (Appendix 6.1) with regards to the impact of the proposal on heritage assets of archaeological interest. I am pleased to see that the use of the term ‘non-designated heritage asset’ has now been properly defined in-line with the Government guidance (paragraphs 6.3.4-6.3.5 and Table 6.4). The chapter and associated appendix have also been updated following inspection of original aerial photographs held by North Yorkshire Archives (Table 6.4). These two points address my previous concerns with the assessments at the Statutory Consultation stage. As set out in the Cultural Heritage chapter I have been kept informed of the results of archaeological field evaluation and have been in frequent liaison with the applicants archaeologist to secure a mitigation solution which combines areas of physical preservation with archaeological recording in a manner proportionate to the significance of the archaeological heritage assets. Given the above, I can confirm that the archaeological potential of the site has been appropriately assessed and the mitigation strategy is suitable. Landscape and Visual Effects The comments from the Landscape consultant should be taken into consideration in assessing the projects Landscape and Visual Impacts and a Landscape and Visual Impact assessment and report should be included in the ES including Cumulative effects. We have had several meetings with the developer’s representative towards developing the overall landscape strategy for the site and we would be happy to continue in this process. The main submission documents seem broadly in-line with those previously seen but we would wish to review additional new information submitted in more detail and to clarify the correct number and title of documents submitted as there seems to be some document / plan referencing miss-match. There are several areas where we have concerns and we would wish to review and consider in more detail now that the LVIA has reached a more developed stage and in-light of the recently updated National Policy Statements and NSIP Advice Pages relating to energy infrastructure, renewable energy and cumulative effects: - Cumulative effects; particularly due to the number of major schemes focused around Drax Power Station and the Grid connection point; potential to envelop the settlements of Camblesforth and Drax villages, ongoing erosion of the landscape baseline. - Green Infrastructure Strategy and the development of a sufficiently robust landscape framework capable of offsetting the wider cumulative effects and ongoing erosion of the landscape baseline; wider connectivity of the site; in-line with principles of the Natural England’s GI Framework. - Local landscape and visual effects in proximity and within the site, including local roads, footpaths and PROW; in-light of potential significant effects identified thought the updated LVIA and photomontages. - Long-term maintenance and management; including arrangements to secure off-site landscape mitigation and GI. Highways Within the submitted documents the developer has said all vehicles will enter and leave the site by two proposed junctions on A1041 county road north of Camblesforth. It would appear a practical solution but the Local Highway Authority (L.H.A) reserve judgement until the detail designs are prepared. Land Contamination The Authority has little concern with application as it relates to land contamination. The developer has recognized that the construction phase of the project will cause the most congestion and the L.H.A expects the developer to manage this phase of the project with care resulting in the least disruption to residents and the travelling public. The delivery corridor vehicles will take to access the site is acceptable and has been suggested for other similar projects close to the site. Although clearly programming of each approved project will be needed to avoid congestion on the network. The transport assessment should include such projects and suggest ways each developer shall interact to reduce their combined impact on the highway network. A Programme of the site construction works will need to be considered by the L.H.A to ensure any clash of works have been resolved. The developer should be aware that any work on the highway will need consultation with the authority on such matters as informing the public and street work approval in connection with implementing the two access points. which will need to be prepared by the developer. The Authority sees this being included in the D.C.O. Lead Local Flood Authority The Authority acknowledges the application and will provide further details during its assessment as part of the Local Impact Report. In general terms the design of photovoltaic (PV) panels means that the area represented by the proposed panels is not considered impermeable, as the ground beneath all panels will be grassed and as such remains permeable. Public Health The Authority has had several meetings with the applicant since the Statutory consultation in an attempt to resolve concerns raised at that stage. The Authority remains concerned that Public Health has not been adequately scoped into the assessment. Key concerns relate to: • Assessment of vulnerable populations • Cumulative impacts and assessment of cumulative ‘minor impacts’ • A Lack of baseline data, specifically with regard to mental health and wellbeing. • Absence of consideration of the impacts upon the population in relation to both mental and physical health and wellbeing • The 100% leakage rate as it relates to the external workers being brought to site. • Additional demand on accommodation and services The Authority will expand upon these issues at the Local Impact Report stage. Public Rights of Way The Authority will expand upon the assessment of Public Rights of Way during the Local Impact Report. Any temporary disruption to the network must be done in accordance with North Yorkshire Council requirements which should be accounted for in the DCO either directly or through the use of a management plan secured by the DCO. Best Most Versatile Land There has been significant concern about the use of BMV land for this project and the Council would encourage further discussion to better understand the choices for land take including options appraisals and mechanisms used. Community Benefit Contribution There are a number of places throughout the application in which a community Benefit Contribution could help mitigate the effects, not least the effects identified in the public health chapters. We would welcome the opportunity to discuss the process further as we note at this point that the contribution is being considered. END