Agenda item

APPLICATION NO.

22/03346/FULLS

APPLICATION TYPE

FULL APPLICATION - SOUTH

REGISTERED

03.01.2023

APPLICANT

Boom Developments Limited

SITE

Land South West of, Misslebrook Copse, Misslebrook Lane, CHILWORTH / VALLEY PARK

PROPOSAL

Battery electrical storage system (BESS), with substation, transformer stations, site accesses, internal access tracks, security measures, access gates, other ancillary infrastructure and landscaping and biodiversity enhancements

AMENDMENTS

Amended/Additional Plans received 05.07.23, 30.06.23, 02.05.23, 13.04.23, 07.02.24 and 29.02.24.

CASE OFFICER

Paul Goodman

PERMISSION subject to:

1.

The development hereby permitted shall be begun within three years from the date of this permission.

Reason:  To comply with the provision of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.

The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers:

A001.1 V3.1

A001.2 V3.

A001.3 V3.1

B107

B201 REV 2.8.2

B201.1 REV 2.8.1

B209 REV 1.1

B210 REV 1.1 

B211 REV 1.1 

B215 REV 1.1

B216 REV 1.1

MISB 997 REV 1.1

MISB 998 

MISB 999  

Reason: For the avoidance of doubt and in the interests of proper planning.

3.

Landscape works, implementation and management shall be carried out in accordance with the approved landscape plan CE-MH2164-ADW02D – FINAL.

Reason:  To improve the appearance of the site and enhance the character of the development in the interest of visual amenity and contribute to the character of the local area in accordance with Test Valley Borough Revised Local Plan (2016) Policies E1, E2 and E3.

4.

Development shall be carried out in accordance with the approved Arboricultural Method Statement (Arbtech, 28 April 2023) and Tree Protection Plan Ref Arbtech TPP 01.

Reason:  To ensure the protection of trees curing development to improve the appearance of the site and enhance the character of the development in the interest of visual amenity and contribute to the character of the local area in accordance with Test Valley Borough Revised Local Plan (2016) Policies E1 and E2.

5.

Development shall be carried out in accordance with the measures detailed in Section 7. 'Mitigation' of the submitted Ecological Impact Assessment by Western Ecology Ltd. (March 2023). 

Reason: to conserve and enhance biodiversity, including with respect to legally protected species and Home Covert SINC, in accordance with Policies ENV01, ENV04 and ENV05 of the Test Valley local plan.

6.

No development shall take place until a Construction Environment Management Plan (CEMP) to ensure no impact on the two adjacent SINCs/Ancient Woodlands has been submitted to and approved in writing by the Local Planning Authority. Development shall be undertaken in accordance with the approved details.

Reason: to avoid impacts to the nearby SINC's and Ancient Woodland, in accordance with Policy E5 of the Test Valley local plan.

7.

Development shall be undertaken in accordance with the measures set out in the Flood Risk Assessment and Drainage Strategy Iss. No. 4 (Delta-Simons, 6/2/23).

Reason: To ensure sure proper management of surface water in accordance with policy E7 of the Test Valley Borough Revised Local Plan 2016.

8.

No development shall take place, (including any works of demolition), until a final Construction Traffic Management Plan has been submitted to, and approved in writing by, the LPA. The approved plan shall include scaled drawings illustrating the provision for -

1) The parking of site operatives and visitors' vehicles.

2) Loading and unloading of plant and materials.

3) Management of construction traffic and access routes.

4) Storage of plant and materials used in constructing the development.

5) Vehicle Tracking demonstrating that the largest vehicles associated with the construction process can access, egress and turn within the confines of the site.

Development shall be undertaken in accordance with the approved details.

Reason: In the interests of highway safety in accordance with Test Valley Borough Revised Local Plan Policy T1.

9.

Prior to commencement on site a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing the method of cleaning wheels and chassis of all HGV's, plant and delivery vehicles leaving the site and the means of keeping the site access road and adjacent public highway clear of mud and debris during site demolition, excavation, preparation and construction. The scheme shall be implemented in accordance with the approved details and shall be installed and operational before any development commences and retained in working order throughout the duration of the development. No vehicles shall leave the site in a condition whereby mud, clay or other deleterious materials shall be deposited on the public highway.

Reason: In the interests of highway safety in accordance with Test Valley Borough Revised Local Plan Policy T1.

10.

The development shall not be brought into use until vehicular visibility splays as detailed on the approved plan 226849_PD01 in which there should be no obstruction to visibility exceeding 0.6m in height above the adjacent carriageway have been completed. The vehicular visibility splays shall thereafter be retained for the lifetime of the development.

Reason: To provide and maintain adequate visibility in the interests of highway safety in accordance with Test Valley Borough Revised Local Plan Policy T1.

11.

The development shall not begin until a scheme of signage/road markings has been submitted to and approved in writing by the LPA. The scheme so approved shall be implemented before the development hereby approved is first brought into use.

Reason: In the interests of highways safety in accordance with Test Valley Borough Council Revised Local Plan Policy T1.

12.

The combined BS4142: 2014 ‘rating level’ of noise from inverters and ancillary noise producing plant associated with the permitted battery energy storage site development shall not, at any time of operation, exceed 30 dB(A) as determined at the nearest existing residential property [Charlotte Court, Castle Lane]. The measurements and assessment shall be made according to BS4142: 2014. If requested by the Local Planning Authority (following receipt of a noise complaint) within 24 months of commencement of use, the operator shall (at the operator’s own expense) appoint a competent acoustician to undertake a noise verification exercise under typically worst-case conditions to monitor site noise and determine whether the above limit is being complied with. A written report of the acoustician’s findings, together with noise mitigation proposals if required, shall be provided to the Local Planning Authority within three months of any such request.

Reason: In the interests of the amenities of neighbouring properties in accordance with Valley Borough Council Revised Local Plan Policy E8.

13.

No development shall commence until a scheme for the import and export of electricity to and from the site, including routes of pipes and cables has been submitted to and approved in writing by the Local Planning Authority. The connection infrastructure shall be constructed in accordance with the approved details prior to the development being first brought into use.

Reason: In the interests of highways safety in accordance with Test Valley Borough Council Revised Local Plan Policy T1.

14.

Development shall be undertaken in accordance with the Misslebrook BESS – Fire Safety Note (December 2023) unless otherwise agreed in writing by the Local Planning Authority. 

Reason: In the interests of local amenities and of neighbouring properties in accordance with policy E8 of the Test Valley Borough Revised Local Plan 2016.

15.

Notwithstanding the information submitted, details of any external lighting shall be submitted to and approved in writing by the local planning authority prior to first installing any such lighting. The submitted details shall include a detailed management plan of when external lighting will be used on site. The management plan should not provide for routine night-time illumination of the site outside of emergency situations. The development shall be carried out, and external lighting operated, in accordance with the approved details.

Reason:  In the interests of protected species in accordance with Policy E5 of the Test Valley Borough Revised Local Plan 2016.

16.

No development shall take place (other than any approved demolition and site clearance works) until details of a method for ensuring that minerals that can be viably recovered during the development operations are put to beneficial use has been submitted to and approved in writing by the Local Planning Authority. The details shall include a method to record the quantity of recovered mineral (re-use on site or off site) and to report this data to the Minerals Planning Authority. Development shall be undertaken in accordance with the approved details.

Reason: This area is informed by the mineral safeguarding area (MSA) as defined through Policy 15: Safeguarding - mineral resources of the adopted Hampshire Minerals and Waste Plan (2013) (HMWP) and viable, safeguarded mineral resources are likely to be present.

17.

No development shall take place (including site clearance within the application site/area indicated red, until the applicant or their agents or successors in title has secured the implementation of a programme of archaeological work, in accordance with a written brief and specification for a scheme of investigation and mitigation, which has been submitted by the developer and approved in writing by the Local Planning Authority. Development shall be undertaken in accordance with the approved details.

Reason:  The site is potentially of archaeological significance in accordance with Test Valley Borough Revised Local Plan (2016) Policy E9.

18.

The use hereby permitted shall be ceased and the land restored to its former condition on or before 2nd April 2064 in accordance with a scheme of work submitted to and approved in writing by the Local Planning Authority prior to the expiry of the approved use. If the use of the site as a battery electrical storage system should cease before 2nd April 2064 the site shall be restored to its former condition within 1 year of the cessation of the use and in accordance with a scheme of work submitted to and approved in writing by the Local Planning Authority.

Reason:  In the interest of visual amenity and contribute to the character of the local area in accordance with Test Valley Borough Revised Local Plan (2016) Policies E1, E2 and E3.

19.

Prior to the first installation of the battery storage units and fencing herby permitted details of the colour of their external surfaces shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason:  To ensure the development has a satisfactory external appearance in the interest of visual amenities in accordance with Test Valley Borough Revised Local Plan (2016) Policies E1, E2 and E3. 

Note to applicant:

1.

The development hereby permitted shall be carried out and completed strictly in accordance with the submitted plans, specifications and written particulars for which permission is hereby granted or which are subsequently submitted to, and approved in writing by, the Local Planning Authority and in compliance with any conditions imposed by the Local Planning Authority.