| Conditions / Reason for Refusal: |
The Development Management Procedure Order 2015 requires that planning authorities provide written reasons in the decision notice for imposing planning conditions that require particular matters to be approved before development can start. Conditions numbered 06, 13,15,19,23 & 24 of this permission require matters to be approved before development works begin; however, in this instance the conditions are justified because:
i. In the interests of the expedient determination of the application it was considered to be appropriate to reserve certain matters of detail for approval by planning condition rather than unnecessarily extending the application determination process to allow these matters of detail to be addressed pre-determination.
ii. The details required under condition numbers 06, 13,15,19,23 & 24 are fundamental to the acceptability of the development and the nature of the further information required to satisfy these conditions is such that it would be inappropriate to allow the development to proceed until the necessary approvals have been secured.’
01
The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.
Reason
To allow adequate time for a grid connection.
02
This permission shall be for a limited period of fourty years from energisation, after which it shall be discontinued and all built form, including all hard surfacing and access tracks, removed from the site in accordance with a restoration scheme to be submitted to and approved in writing by the Local Planning Authority 12 months prior to decommissioning. The submitted restoration scheme shall detail the site's restoration to agricultural land. The first operation date shall be notified to the LPA within 12 months of that date.
Reason
Due to the sites position within a sensitive Green Space location a temporary permission is considered appropriate.
03
The permission hereby granted shall relate to the area shown outlined in red on the approved site plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans (as set out below)
40MW BESS Layout Plan with Access Road - BRNS-BESS-001.5 Rev 3
40MW BESS Elevations Plan - BRNS-BESS-001.6 Rev 2
BESS Components Dimensions Water Tanks - YLM-BESS-GEN-001.11 Rev A
BESS Components Dimensions Wooden Fence - YLM-BESS-GEN-001.8 Rev A
BESS Components Dimensions Y-Mesh Fence - YLM-BESS-GEN-001.7 Rev A BESS Components Dimensions BESS Battery Cluster YLM-BESS-GEN-001.6a Rev A
BESS Components Dimensions BESS Transformer c/w Inverters -
YLM-BESS-GEN-001.5 Rev A
BESS Components Dimensions 33kv/415V Site Supply Transformer - YLM-BESS-GEN-001.4 Rev A
BESS Components Dimensions Site Cabin / LV Switchroom - YLM-BESS-GEN-001.3 Rev A
BESS Components Dimensions 33kv Switchroom - YLM-BESS-GEN-001.2 Rev A
BESS Components Dimensions 33kv DNO Substation - YLM-BESS-GEN-001.1a Rev A
40MW BESS Fire Safety Plan - BRNS-BESS-001.8 Rev 1
Soft Landscaping Proposals - YLEM1483-11
Reason
To define the permission and for the avoidance of doubt.
04
The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with the details provided in the submitted application form and approved drawings. The development shall thereafter be carried out in accordance with these details.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity
Highways
05
Before the development is brought into use, that part of the site to be used by vehicles shall be constructed with either;
a/ a permeable surface and associated water retention/collection drainage, or;
b/ an impermeable surface with water collected and taken to a separately constructed water retention/discharge system within the site.
The area shall thereafter be maintained in a working condition.
Reason
To ensure that surface water can adequately be drained and that mud and other extraneous material is not deposited on the public highway and that each dwelling can be reached conveniently from the footway in the interests of the adequate drainage of the site, road safety and residential amenity
06
Prior to the commencement of works a Construction Method Plan shall be submitted to and approved in writing by the Council and the approved statement shall be adhered to throughout the construction period. The Statement shall provide for; Storage / loading / unloading of materials / plant; and car parking facilities for the construction staff and include reference as to how the development will legally take access from the adjacent highway i.e. s184 agreement. The CMP shall also include temporary traffic management proposals for both the construction of the temporary access and during construction of the development proposals.
Reason
In the interest of highway safety
07
When the proposed development has been brought into use, the temporary access shall removed, and the original access reinstated in accordance with details to be submitted to and approved by the Local Planning Authority.
Reason
In the interest of highway safety
Neighbouring Amenity
08
The Sound Power Level (LWA) of each item of noise generating plant shall not exceed those set out in Appendix 5 of the Noise Assessment by Miller Goodall, dated 9th August 2024 (Report No. 103146 V4).
Reason
In the interest of neighbouring amenity
09
The mitigation measure as identified in Section 9.2 (Acoustic Barrier) of the Noise Assessment undertaken by Miller Goodall, dated 9th August 2024 (Report No. 103146 V4) shall be carried out in full prior to first operation of the site and be maintained throughout the lifetime of the consent.
Reason
In the interest of neighbouring amenity
10
The Rating Noise Level due to the combined noise emissions of all items of fixed or mobile plant and equipment installed or in use at the site shall not exceed the representative background noise level as assessed in accordance with the methodology and principles set out in BS 4142:2014+A1:2019 Methods for Rating and Assessing Industrial and Commercial Sound.
Reason
In the interest of neighbouring amenity
11
Where a verified complaint is received by Rotherham Metropolitan Borough Council that suggests that the above criteria are not being met, the operator of the site shall complete an assessment in accordance with the methodology and principles set out in BS 4142:2014+A1:2019, to demonstrate that the above condition is being complied with at all times. The assessment shall be completed by a competent person agreed in writing with the Local Planning Authority in advance of the assessment.
Reason
In the interest of neighbouring amenity
12
The combined noise emissions of all items of fixed or mobile plant and equipment installed or in use at the site shall not exceed the noise levels set out in Table 1 below at the façade of any existing dwelling at any time as assessed over a 15-minute averaging period.
Reason
In the interest of neighbouring amenity
Landscaping
13
Prior to commencement of development, a detailed landscape scheme shall be submitted to, and approved in writing by, the Local Planning Authority. The landscape scheme shall be prepared to a minimum scale of 1:200 and shall clearly identify through supplementary drawings where necessary:
-The extent of existing planting, including those trees or areas of vegetation that are to be retained, and those that it is proposed to remove.
-The extent of any changes to existing ground levels, where these are proposed.
-Any constraints in the form of existing or proposed site services, or visibility requirements.
-Areas of structural and ornamental planting that are to be carried out.
-The positions, design, materials and type of any boundary treatment to be erected.
-A planting plan and schedule detailing the proposed species, siting, quality and size specification, and planting distances.
-A written specification for ground preparation and soft landscape works.
-The programme for implementation.
-Written details of the responsibility for maintenance and a schedule of operations, including replacement planting, that will be carried out for a period of 5 years after completion of the planting scheme.
The scheme shall thereafter be implemented in accordance with the approved landscape scheme within a timescale agreed, in writing, by the Local Planning Authority.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity
14
Any plants or trees which within a period of 5 years from completion of planting die, are removed or damaged, or that fail to thrive shall be replaced. Assessment of requirements for replacement planting shall be carried out on an annual basis in September of each year and any defective work or materials discovered shall be rectified before 31st December of that year.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity
15
No work or storage on the site shall commence until all the trees/shrubs to be retained have been protected by the erection of a strong durable 2 metre high barrier fence in accordance with BS 5837:2012 Trees in Relation to Design, Demolition and Construction - Recommendations This shall be positioned in accordance with details as shown Arboricultural Impact Assessment (81-729) dated June 2024.The protective fencing shall be properly maintained and shall not be removed without the written approval of the Local Planning Authority until the development is completed. There shall be no alterations in ground levels, fires, use of plant, storage, mixing or stockpiling of materials within the fenced areas.
Reason
To ensure the trees/shrubs are protected during the construction of the development in the interests of amenity
16
No tree or hedgerow shall be cut down, uprooted or destroyed nor shall any tree or hedgerow be pruned other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. Any pruning works approved shall be carried out in accordance with British Standard 3998 (Tree Work). If any tree or hedgerow is removed, uprooted or destroyed or dies, another tree or hedgerow shall be planted in the immediate area and that tree or hedgerow shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority.
Reason
In the interests of the visual amenities of the area
Ecology
17
Notwithstanding the submitted details, before above ground works commence details of external lighting shall be submitted to and approved in writing by the Local Planning Authority. The details shall clearly demonstrate that lighting will not cause excessive light pollution or disturb or prevent bats or other species using key corridors, foraging habitat features or accessing roost sites.
Reason
To protect bats
18
No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds’ nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority.
Reason
In the interest of ecology
19
Notwithstanding the submitted details, before above ground works commence a scheme for biodiversity enhancement, such as the incorporation of permanent bat roosting feature(s), hedgehog holes and nesting opportunities for birds, shall be submitted to and agreed in writing with the Local Planning Authority. The approved
details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme.
The scheme shall include, but not limited to, the following details:
i. Description, design or specification of the type of feature(s) or measure(s)
to be undertaken;
ii. Materials and construction to ensure long lifespan of the feature/measure
iii. A drawing(s) showing the location and where appropriate the elevation of
the features or measures to be installed or undertaken.
iv. When the features or measures will be installed within the construction,
occupation, or phase of the development.
Reason
To ensure no net loss in biodiversity across the site.
20
All ecological measures and/or works shall be carried out in accordance with the
details contained in [Preliminary Ecological Appraisal Report, E3P, June 2024] as
already submitted with the planning application and agreed in principle with the
local planning authority prior to determination.
Reason
To protect on site ecology.
21
The Biodiversity Gain Plan shall be prepared in accordance with the submitted ecology report dated June 2024 and prepared by e3p.
Reason
To ensure that Biodiversity Net Gain 10% can be achieved.
Fire Safety
22
No part of the development hereby permitted shall commence until an Emergency Response Plan has been submitted and agreed in writing by the Local Planning Authority (in consultation with National Highways for the M1 Motorway). Construction and operation of the development shall then be carried out in accordance with the agreed Emergency Response Plan.
Reason
To mitigate any adverse impact from the development on the M1 Motorway in accordance with DfT Circular 01/2022.
23
No part of the development hereby permitted shall commence until a Risk Management Plan has been submitted and agreed in writing by the Local Planning
Authority (in consultation with National Highways for the M1 Motorway). Construction and operation of the development shall then be carried out in accordance with the agreed Risk Management Plan.
Reason
To mitigate any adverse impact from the development on the M1 Motorway in accordance with DfT Circular 01/2022.
24
No part of the development hereby permitted shall commence until a Decommissioning Strategy has been submitted and agreed in writing by the Local
Planning Authority (in consultation with National Highways for the M1 Motorway). The decommissioning of the development shall then be carried out in accordance with the agreed Decommissioning Strategy.
Reason
To mitigate any adverse impact from the development on the M1 Motorway
in accordance with DfT Circular 01/2022.
Drainage
25
No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority.
Reason
To ensure that the site is properly drained and in order to prevent overloading, surface water is not discharged to the public sewer network.
Informatives:
01
Biodiversity Net Gain
The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition (the biodiversity gain condition) that development may not begin unless:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
This permission will require the submission and approval of a Biodiversity Gain Plan before development is begun.
For guidance on the contents of the Biodiversity Gain Plan that must be submitted and agreed by the Council prior to the commencement of the consented development please see the link: Submit a biodiversity gain plan - GOV.UK (www.gov.uk)
02
Battery Storage Energy Systems (BESS) have the potential to pollute the environment. Applicants should consider the impact to all environmental receptors
during each phase of development. Particular attention should be applied in advance to the impacts on groundwater and surface water from the escape of firewater/foam and any contaminants that it may contain. Suitable environmental protection measures should be provided including systems for containing and managing water run-off.
The applicant should ensure that there are multiple ‘layers of protection’ to prevent the source-pathway-receptor pollution route occurring. Appropriate procedures should be provided that clearly illustrate how contained firewater will be managed, including sufficient details for safe and permitted off-site disposal. Further Government guidance on considering potential risks of BESS in planning
Environment Agency
Lateral 8 City Walk, LEEDS, LS11 9AT.
Customer services line: 03708 506 506
www.gov.uk/environment-agency
applications is available online: Renewable and low carbon energy - GOV.UK
(www.gov.uk)
03
Energy storage will play a significant role in the future of the UK energy sector. Effective storage solutions will benefit renewables generation, helping to ensure a more stable supply and give operators access to the Grid ancillary services market.
The National Grid's Enhanced Frequency Response programme will provide a welcome catalyst for a significant level of battery storage deployment in the UK. Currently, DEFRA does not consider the need to regulate the operation of battery energy storage systems (BESS) facilities under the Environmental Permitting Regulations regime.
However, an important factor that can be overlooked by parties involved in new battery storage projects or investing in existing projects is that battery storage falls within the scope of the UK's producer responsibility regime for batteries and other waste legislation. This creates additional lifecycle liabilities which must be understood and factored into project costs, but on the positive side, the regime also creates opportunities for battery recyclers and related businesses. Operators’ of battery storage facilities should be aware of the Producer Responsibility Regulations. Under the Regulations, industrial battery producers are obliged to:
• take back waste industrial batteries from end users or waste disposal
authorities free of charge and provide certain information for end users;
• ensure all batteries taken back are delivered and accepted by an approved
treatment and recycling operator;
• keep a record of the amount of tonnes of batteries placed on the market and
taken back;
• register as a producer with the Secretary of State;
• report to the Secretary of State on the weight of batteries placed on the
market and collected in each compliance period (each 12 months starting
from 1January).
Putting aside the take back obligations under the producer responsibility regime, batteries have the potential to cause harm to the environment if the chemical contents escape from the casing. When a battery within a battery storage unit ceases to operate, it will need to be removed from site and dealt with in compliance with waste legislation.
The party discarding the battery will have a waste duty of care under the Environmental Protection Act 1990 to ensure that this takes place. The Waste Batteries and Accumulators Regulations 2009 also introduced a prohibition on the disposal of batteries to landfill and incineration. Batteries must be recycled or recovered by approved battery treatment operators or exported for treatment by approved battery exporters only.
Many types of batteries are classed as hazardous waste which creates additional requirements for storage and transport.
04
Some of the works will require an Agreement under S278 Highways Act, 1980 and involve the provision of carriageway widening and drainage works. Contact should be made with david.phillips@rotherham.gov.uk as soon as is practical to commence the legal procedure for the s278 works.
POSITIVE AND PROACTIVE STATEMENT
During the determination of the application, the Local Planning Authority worked with the applicant to consider what amendments were necessary to make the scheme acceptable. The applicant agreed to amend the scheme so that it was in accordance with the principles of the National Planning Policy Framework.
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