Agenda item

Report of the Strategic Manager for Planning and Infrastructure

Planning applications and related matters.

Minutes:

Consideration was given to item 1 of the report of the Strategic Manager for Planning and Infrastructure Delivery.

 

RESOLVED:

 

That the application be determined as detailed below:

 

The reasons for the resolutions made in accordance with Officer recommendation were given in the planning report. Where resolutions are made contrary to Officer recommendations the reasons for doing so are contained in the minutes.

 

A schedule of additional representations received after the printing of the report were submitted at the beginning of the meeting and were drawn to the attention of Members when considering the application.

 

Application:

21/01623/FUL

Details:

Full planning permission for the onshore elements of the Perpetuus Tidal Energy Centre (PTEC) to include construction of a substation / control room (including outdoor transformer compound and welfare facilities); alterations to access, parking and turning arrangements; installation of cabling to connect marine electricity export cables to substation (to include trenching and construction of transition pits and/or Horizontal Direction Drilling, and temporary removal and reinstatement of coastal protection); and enabling works, including possible reinforcement or alteration of access roads within the onshore area, creation of temporary laydown/construction areas, construction of temporary site security fencing/provisions, possible tree and scrub clearance, site levelling/landscaping (revised description).

 

Further information has been received relating to the Environmental Statement, including a Transformer Noise Appraisal, updated Arboricultural (tree) Impact Assessment Report, and drawing PL33 - visualisation of the proposed substation and outdoor transformer compound from within the existing Southern Water pumping station site. 

 

Flowers Brook, Steephill Road, Ventnor.

Site Visits:

The site visit was carried out on Friday, 10 December 2021

Public Participants:

Mr Daniel James (Objector)

Mr Tony Flower (Objector)

Mr Dan Clare (on behalf of the applicant)

Rear Admiral Rob Stevens (on behalf of the applicant)

Additional Representations:

Following feedback from the applicant regarding the proposed conditions, condition four and 14 were amended.

Three additional letters of representation had been received by the Local Planning Authority.

Comment:

Oliver Boulter Strategic Manager for Planning and Infrastructure read out a statement from Councillor Gary Peace as Local Member for the application.

 

Clarification was sought regarding the access to the site, Officers advised that the statement read out by one of the public speakers for Red Squirrel Limited had confirmed that there was prospect of the access being permitted by way of a transfer of title facilitating the scheme.

 

Concern was raised regarding the noise levels and the Committee asked if two decibels above existing background levels was too noisy and could it be reduced. Planning Officers advised that Environmental Health had been consulted on the application and they had suggested the noise levels, assurance was provided that noise levels would be monitored by the Local Planning Authority and Environmental Health.

 

The Committee raised concerns regarding the level of commitment from the company to proceed with the application, they were advised that a previous application had not commenced due to government grants being withdrawn.

 

There was discussion regarding whether a bond could be secured  to ensure that the public open space at Flowers Brook would be restored if the development was not completed. Officers explained  that the National Planning Policy Framework (NPPF) advised that bonds could only be used in exceptional circumstances and they didn’t believe that it was justified in this case.

 

A proposal to approve the application was made and duly seconded.

 

A further proposal to approve subject to applying a bond to restore the site and reduce the time limit of the construction was made and duly seconded.

 

The Chairman called a short adjournment to allow officers time to consider the proposal.

 

Following the adjournment officers advised that strengthening conditions relating to the construction management plan could be made to alleviate concerns regarding the restoration and completion of construction works.

 

All proposers and seconders agreed with the proposal and a vote was taken, the result was:

Decision:

RESOLVED:

 

THAT the application be approved with amendments to conditions to strengthen the Construction Management Plan.

 

Amended Conditions:

4

No development shall begin until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The plan shall set out measures to minimise and mitigate for potential impacts/impacts of the development on the environment and shall include:

 

·       A traffic management plan, relating to the routing and delivery timings of all construction traffic.

·       Details of construction methods, schedule and supervision of construction works.

·       Measures to be followed during construction to minimise land stability risks and those to minimise disruption to the public open space.

·       Pollution prevention control and biosecurity measures.

·       Soil management plan.

·       Non-native invasive species management plan.

·       Details on how sediment/concrete/other debris that may be accidently released during construction will be captured to prevent entering the water.

·       A construction noise management plan, including how noise from construction traffic would be mitigated.

·       Details of the setup and extent of any construction and laydown areas, including areas for the parking and turning of construction vehicles, temporary access arrangements to facilitate construction, as well as details of the storage of plant, materials, equipment and chemicals.

·       A list of defined potential impacts to the designated sites and measures to avoid and minimise impacts to protected species and habitats, including the Undercliff SINC and South Wight Maritime SAC.

·       Details of ecological and biodiversity mitigation and enhancements, including details of habitat reinstatement and creation, as mitigation for the loss of habitat resulting from the development, as well a timetable for the implementation and completion of any mitigation and enhancement works.

·       A map or plan showing habitat areas to be specifically protected, and details of measures to protect those areas during construction.

·       Details on the storage and disposal of waste on site.

·       Information on the persons/bodies responsible for particular activities associated with the method statement that demonstrate they are qualified for the activity they are undertaking.

·       a restoration scheme for the public open space (Flowers Brook) to include timings of restoration of this space on completion of cabling and construction works

 

Development shall be carried out in accordance with the approved Construction Environment Management Plan and any approved mitigation and/or enhancements shall be carried out and completed in accordance with the agreed timings. Restoration of the public open space (Flowers Brook) shall be carried out and completed in accordance with approved scheme by the end of two years following commencement of the construction works.

 

Reason: To protect the interest features, and avoid adverse impacts on, the South Wight Maritime SAC, Solent and Dorset Coast SPA and Undercliff SINC, to protect wildlife and supporting habitats, and to protect neighbouring residents and the highway network in accordance with the aims of policies SP7 (Travel), DM2 (Design Quality for New Development) and DM12 (Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core Strategy, the National Planning Policy Framework, and to comply with the requirements of Regulation 63 of the Conservation of Habitats and Species Regulations 2017 (as amended).

 

14

Construction of the building, including outdoor compound, hereby permitted and installation of any machinery or plant associated with the electrical substation use of this building/compound shall not begin until a detailed acoustic design report and details of any noise attenuation measures to be incorporated into the design of the development have been submitted to and approved in writing by the Local Planning Authority. This report shall detail the final design of the substation, plant emissions (noise), proposed operational schedule, noise predictions at receptors and a noise mitigation plan. The noise mitigation plan shall detail the measures to be implemented for the substation under normal load to meet the noise level at receptors specified below (as a rating level subject to BS4142:2014+A1:2019 definition).

 

The rated level as determined through measurement or calculations shall not exceed the levels presented in the table below at 1m from the façade of the closest habitable room (applicable at the commencement of operation).

 

Receptor

Rating Level, dB LAeq, T

Plot 3 – approved in accordance with planning permission for Flowers Brook ref: P/01450/18.

 

34

Plot 2 – approved in accordance with planning permission for Flowers Brook ref: P/01450/18.

34

Flowers Brook

25

Boulders

25

3a Undercliff Gardens

25

3 Undercliff Gardens

25

1 Underhill Gardens

25

Glencliff

32

Steephill House

32

Where T is 1hr daytime (0700-2300), 15-minute night-time (2300-0700).

 

Development shall be carried out in accordance with the approved details and the agreed mitigation measures shall be completed before the substation is brought into operation.

 

Reason: To protect the amenities of neighbouring properties during the operational phase of the development and to comply with the aims of policy DM2 (Design Quality for New Development) of the Island Plan Core Strategy and the National Planning Policy Framework.

 

 

Supporting documents: