Agenda item

Nineveh Farm, Nuneham Courtenay, OX44 9PA

Application under Section 73 (of the Town and Country Planning Act 1990) for the variation of condition 3 on application P20/S4360/FUL - to extend the time limiting restriction of the operational life of the proposed development from 35 to 40 years resolving the discrepancy between condition 3 and condition 19.

 

(Installation of renewable led energy generating station comprising ground-mounted photovoltaic solar arrays and battery-based electricity storage containers together with substation, inverter/transformer stations, site accesses, internal access tracks, security measures, access gates, other ancillary infrastructure, landscaping and biodiversity enhancements).

 

Minutes:

The committee considered planning application P22/S1541/FULunder Section 73 (of the Town and Country Planning Act 1990) for the variation of condition 3 on application P20/S4360/FUL to extend the time limiting restriction of the operational life of the proposed development from 35 to 40 years resolving the discrepancy between condition 3 and condition 19, (installation of renewable led energy generating station comprising ground-mounted photovoltaic solar arrays and battery-based electricity storage containers together with substation, inverter/transformer stations, site accesses, internal access tracks, security measures, access gates, other ancillary infrastructure, landscaping and biodiversity enhancements), on land at Nineveh Farm, Nuneham Courtenay.

 

Consultations, representations, policy and guidance, and the site’s planning history were detailed in the officer’s report, which formed part of the agenda pack for the meeting.

 

The planning officer read out the objection of the CPRE in full. 

 

The planning officer recommended approval of the application. The officer considered that the granting an additional five years would not result in any significant additional adverse impacts on the openness of the Green Belt, nor the wider landscape.  There would be a further five years where the land could not be utilised for arable agriculture, however when balanced against the need for renewable energy this was not considered significant.  Additionally, there were no technical reasons raising concerns. 

 

Stephen Dance spoke on behalf of The Baldons Parish Council, objecting to the application. 

 

Michael Tyce, from CPRE, spoke objecting to the application. 

 

Simon Chamberlayne, the applicant’s agent, spoke in support of the application. 

 

Councillor Sam Casey-Rerhaye, a local ward councillor, spoke objecting to the application. 

 

A motion was moved and seconded to refuse the application.  The committee noted that officers had accepted the damage the proposal would cause to the Green Belt on this prominent site, and it was in breach of policy DES9.  The committee did not consider there were ‘exceptional circumstances’ to approve the application for a five-year extension of the use.  In 35 years’ time, technology would have moved on and better solutions might be needed at that time.  The committee also noted the wide amount of viable farming land that would continue not to be used should the extension be passed.  Also, the application was contrary to paragraph 2 of the National Planning Policy Framework (NPPF), which required applications to be decided against the policies in the development plan. 

 

The committee also point out the small number of houses the solar farm would support, due to the current reliance on gas-fuelled energy as opposed to electricity, which could change in the coming years.  The committee believed that the use must remain temporary to protect the Green Belt from future development.  However, the committee recognised that the original existing permission, to use the site as a solar energy farm for 35 years, was extant. 

 

The motion to refuse the application was carried on being put to the vote.

 

RESOLVED: to refuse planning application P22/S1541/FUL, as the development represents inappropriate development that would be harmful to the openness of the Green Belt. There is insufficient justification for an additional 5 years operation of the development and the application does not satisfy the requirements for very special circumstances as set out by the NPPF.  

As such the application is contrary to policy STRAT6 and DES9 of the South Oxfordshire Local Plan 2035 and to paragraphs 147 and 148 of the National Planning Policy Framework.

 

Supporting documents:

 

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