Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD
Durham County Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 6 December 2023
- Authority
- Durham County Council
- Inspector
- Crosby L
- Procedure
- Inquiry
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Other Major Developments
- Appellant
- Lightsource SPV 206 Limited
- LPA reference
- DM/20/03722/FPA
- ONS LPA code
- E06000047
- Jurisdiction
- Transferred
- Link status
- Lead
- Start date
- 17 August 2022
Summary AI
The inspector allowed the appeal for the construction of a solar farm and associated infrastructure, finding that the development would have a moderate adverse impact on the landscape character of the site, but that this would be outweighed by the benefits of the scheme.
PDF text
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — by Louise Crosby MA MRTPI an Inspector appointed by the Secretary of State Decision date: 6th December 2023
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land at Sheraton Hall Farm, Sheraton, Durham • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Lightsource SPV 206 Limited against the decision of Durham County Council. • The application Ref DM/20/03722/FPA, dated 15 December 2020, was refused by notice dated 10 December 2021. • The development proposed is installation and operation of a solar farm together with all associated works, equipment and necessary infrastructure.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Lightsource Development Services against the decision of Durham County Council. • The application Ref DM/21/02333/FPA, dated 29 June 2021, was refused by notice dated 10 December 2021. • The development proposed is construction of underground electricity cables and associated infrastructure to connect to the proposed Sheraton Hall Solar Farm (DM/20/03722/FPA) to the primary substation.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Lightsource Development Services against the decision of Hartlepool Borough Council. • The application Ref H/2021/0312, dated 29 June 2021, was refused by notice dated 4 March 2022. • The development proposed is construction of underground electricity cables and associated infrastructure to connect Sheraton Hall Solar Farm to the primary proposed substation – Durham County Council ref: DM/20/03722/FPA. https://www.gov.uk/planning-inspectorate
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Lightsource Development Services against the decision of Hartlepool Borough Council. • The application Ref H/2021/0312, dated 29 June 2021, was refused by notice dated 4 March 2022. • The development proposed is construction of underground electricity cables and associated infrastructure to connect Sheraton Hall Solar Farm to the primary proposed substation – Durham County Council ref: DM/20/03722/FPA. https://www.gov.uk/planning-inspectorate
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 Appeal D Ref: APP/H0724/W/22/3299848 Land near Hart Moor Farm, Hart, Hartlepool, TS27 3BQ • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Lightsource Development Services against the decision of Hartlepool Borough Council. • The application Ref H/2021/0311, dated 29 June 2021, was refused by notice dated 4 March 2022. • The development proposed is construction of underground electricity cables, substation and associated infrastructure to connect to Hart Moor Substation. Appeal E Ref: APP/H0724/W/22/3299857 Land near Hulam Farm, Castle Eden, Durham • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Lightsource Development Services against the decision of Hartlepool Borough Council. • The application Ref H/2021/0313, dated 29 June 2021, was refused by notice dated 4 March 2022.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham • The development proposed is construction of underground electricity cables, substation and associated infrastructure to connect Hulam Solar Farm to the existing substation near Hart – Durham County Council ref: DM/19/03959/FPA. Decisions Appeal A 1. The appeal is allowed and planning permission is granted for the installation and operation of a solar farm together with all associated works, equipment and necessary infrastructure on land at Sheraton Hall Farm, Sheraton, Durham, in accordance with the terms of the application, Ref DM/20/03722/FPA, dated 15 December 2020, subject to the conditions in the schedule attached to this decision. Appeal B 2. The appeal is allowed and planning permission is granted for the construction of underground electricity cables and associated infrastructure to connect to the proposed Sheraton Hall Solar Farm (DM/20/03722/FPA) to the primary substation on land near Sheraton Hall Farm, Sheraton, Durham, in accordance with the terms of the application, Ref DM/21/02333/FPA, dated 29 June 2021, subject to the conditions in the schedule attached to this decision. Appeal C 3.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham The appeal is allowed and planning permission is granted for the construction of underground electricity cables and associated infrastructure to connect Sheraton Hall Solar Farm to the primary proposed substation – Durham County Council ref: DM/20/03722/FPA on land near Sheraton Hall Farm, Sheraton, Durham, in accordance with the terms of the application, Ref, H/2021/0312 dated 29 June 2021, subject to the conditions in the schedule attached to this decision. https://www.gov.uk/planning-inspectorate 2
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham The appeal is allowed and planning permission is granted for the construction of underground electricity cables and associated infrastructure to connect Sheraton Hall Solar Farm to the primary proposed substation – Durham County Council ref: DM/20/03722/FPA on land near Sheraton Hall Farm, Sheraton, Durham, in accordance with the terms of the application, Ref, H/2021/0312 dated 29 June 2021, subject to the conditions in the schedule attached to this decision. https://www.gov.uk/planning-inspectorate 2
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 Appeal D 4. The appeal is allowed and planning permission is granted for the construction of underground electricity cables, substation and associated infrastructure to connect to Hart Moor Substation on land near Hart Moor Farm, Hart, Hartlepool, TS27 3BQ, in accordance with the terms of the application, Ref, H/2021/0311 dated 29 June 2021, subject to the conditions in the schedule attached to this decision. Appeal E 5. The appeal is allowed and planning permission is granted for the construction of underground electricity cables, substation and associated infrastructure to connect Hulam Solar Farm to the existing substation near Hart – Durham County Council ref: DM/19/03959/FPA on land near Hulam Farm, Castle Eden, Durham, in accordance with the terms of the application, Ref, H/2021/0313 dated 29 June 2021, subject to the conditions in the schedule attached to this decision. Applications for costs 6. A written application for costs was made by the appellant following the adjournment of the inquiry in November 2022. This is the subject of a separate Costs Decision.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Preliminary Matters 7. Prior to the opening of the inquiry, I wrote to all the main parties raising the following questions and sought legal submissions on them: i) Whether any of the five appeals could be considered to be an extension to the consented Solar Farm at Hulam (reference DM/19/03959/FPA) by reason of being functionally linked; ii) Whether development consent would be required in accordance with the Planning Act 2008 for the resultant generation capacity; and iii) Whether there are implications related to these issues for any grant of planning permission for the above appeals and the inquiry next week. 8. All the parties submitted legal submissions as requested. Durham County Council and Hartlepool Borough Council took the view that, notwithstanding the fact that they validated and determined the planning applications the appeals did not fall to be determined under the Town and Country Planning Act (TCPA). Instead, they argued, a Development Consent Order should be sought by the appellant for this development under the Planning Act 2008 as an extension to the solar farm at Hulam, which already has planning permission. The appellant took the contrary view. 9.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham I opened the inquiry, as planned, on 15 November 2022. After some discussion with the main parties around the various legal submissions, I took the decision in the afternoon of the first day to grant an adjournment for a limited time. This was to allow the Councils to issue a challenge within a short time frame. https://www.gov.uk/planning-inspectorate 3
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham I opened the inquiry, as planned, on 15 November 2022. After some discussion with the main parties around the various legal submissions, I took the decision in the afternoon of the first day to grant an adjournment for a limited time. This was to allow the Councils to issue a challenge within a short time frame. https://www.gov.uk/planning-inspectorate 3
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 10. The case was heard in May this year and the judgement issued in June. The judge found that the project does not require development consent (under the Planning Act 2008) and even if it did that would not deprive the LPAs of jurisdiction to grant planning permission, nor deprive the SoS jurisdiction to entertain the appeals. The inquiry was resumed on 10 October 2023 and my formal decisions are set out above, with the reasons for them, below. 11. To allow for the completion of the Section 39 Agreement and the re-drafting of several planning conditions, the inquiry was adjourned and closed in writing on 17 November 2023. 12. One of the Council’s reasons for refusal in relation to appeal A was in relation to the loss of best and most versatile (BMV) agricultural land. However, the Council did not seek to defend this reason for refusal at the inquiry. I shall consider this issue later in my decision. 13.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham I shall deal with the appeals in the following order, appeal A, which is for the solar arrays, then appeal D for the substation and then I will deal with the underground cabling, appeals B, C & E. Main Issues 14. In relation to appeal A, C, D & E: • the effect of the proposal on the character and appearance of the surrounding area. In relation to appeal B: ● whether the proposal is necessary in relation to appeal A. Reasons The sites, the surrounding area and the proposals Appeal A 15. It is common ground that appeal A relates to approximately 77 hectares of agricultural land to the south of the hamlet of Sheraton and west of the A19 dual carriageway and that the site lies within the administrative area of Durham County Council. It comprises two groups of land parcels, one to the north of the B1280 and one to the south. 16. The northern parcels of land lie within an irregular triangle of land defined by the A19 to the east, the B1280 to the south and an unnamed minor road to the north which links these two roads. This rural lane serves a number of properties to the immediate west of the A19 and provides access to Sheraton Hall Farm (within the same ownership as the application site). 17.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham To the south of the B1280, two separate parts of the site are located adjacent to Roper’s Wood, a plantation woodland, with Hurworth Burn Road also providing some physical separation between the individual fields. Coal Lane defines the southernmost boundary of this part of the site. https://www.gov.uk/planning-inspectorate 4
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham To the south of the B1280, two separate parts of the site are located adjacent to Roper’s Wood, a plantation woodland, with Hurworth Burn Road also providing some physical separation between the individual fields. Coal Lane defines the southernmost boundary of this part of the site. https://www.gov.uk/planning-inspectorate 4
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 18. The site and the surrounding area form part of a rolling open landscape within this part of Durham and west of the well-defined urban edge of Hartlepool, approximately 4 km east of the site. A series of existing field boundaries, hedgerows and vegetation are present around and across the proposed appeal site. Hedgerows are typically around 1.5m high across the appeal site although some are already much closer to 3m. 19. Approximately 15 hectares of the southwestern part of the site is within a designated Area of Higher Landscape Value (AHLV) although not all of this area would contain built form (such as the woodland), representing approximately 30 percent of the total site area. The AHLV is a designated landscape as defined by Paragraph 174 of the Framework. There are no public rights of way within the site, although there are a number in the vicinity. 20. Planning permission is sought for the construction of a 49.9 MW solar farm for a temporary period of 40 years.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham The proposed layout was subsequently amended during the determination of the planning application with a significant reduction in the site area, through the exclusion of the northernmost field and the scheme being offset from the B1280 in the field to the south of the lane. 21. The proposed development would consist primarily of solar photovoltaic panels (fitted on a metal framework with pile driven foundations) aligned in rows, or arrays, within each of the site’s fields. Other infrastructure would include seven switchgear substations spaced around the adjoining internal access roads, and 14 inverters and 14 transformers adjoining the switchgear substations. 22. Within the northern part of the site there would be a compound area including a Distribution Network Operator (DNO) substation, a customer substation, an auxiliary transformer, storage building, monitoring and communications building with associated weather station and communications equipment and a composting toilet. The solar panels would be a maximum height of 3 metres above ground level, with their lower edge 1.4 metres off the ground. Appeal D 23.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham The proposed development comprises the erection of a substation on land near Hart Moor Farm, approximately 70m north of the A179, and an underground cable connection between the proposed substation and the existing Hart Moor Substation. The proposed substation would be housed in a building located close to the northern boundary of the A179, a busy main road linking the A19 to Hartlepool. To the south of the appeal site, on the opposite side of the A179, is Hart Moor Substation a national grid substation which this proposed substation would be connected to. The proposed substation and underground 66kV cable connections would lie within the open countryside, approximately 3 km west of the urban edge of Hartlepool town. The site lies within the administrative area of Hartlepool Borough Council. https://www.gov.uk/planning-inspectorate 5
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 24. The proposed co-located substation would have a floor area of approximately 17m x 5.5m and a height of 6.3m. It would serve both the proposed Sheraton Solar Farm and the Hulam Solar Farm to the north, which already has planning permission, along with a substation. Other renewable energy development has recently been granted in the vicinity of the proposed substation on the southern side of the A179. 25. To the west of the appeal site on the northern side of the A179, set back slightly from the A179, planning permission has been approved for a synchronous condenser and so this general area close to 2 major, busy roads, the A19 dual carriageway and the A179 contains a significant amount of energy related infrastructure and has planning permission for more. 26. The proposed co-located substations would connect Sheraton Solar Farm to the Northern Power Grid (NPg) distribution network.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Without part of the proposed substation, Sheraton would not have a 66kV connection point to the NPg Hart Moor Substation, therefore part of the substation is required to enable transmission of energy generation from the Sheraton Solar Farm to the network. It was determined in agreement with the DNO that the optimal technical solution for connecting the Hulam site would also be through a co- located substation here, close to the NPg Hart Moor Substation. 27. The proposed development is linked to the approved Hulam Solar Farm within Durham Council as well as the proposed Sheraton Solar Farm within Durham Council (appeal A). Appeals B, C & E 28. These appeals relate to underground cabling associated with the 2 solar farms (Hulam and Sheraton). Two options (Option 1 and Option 2) were originally proposed for the cable route within Hartlepool Borough Council, however during the course of the inquiry it was agreed that only planning permission was being sought now for option 1. 29. The plan on the following page shows the relationship of the different appeals as well as the location of the Hulam Solar Farm. https://www.gov.uk/planning-inspectorate 6
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 Policy context 30. It is worth recording that the main parties agree that the most important policies in the development plans are up to date, and the so-called ‘tilted balance’ is not engaged. Durham County Council (appeals A & B) 31. The development plan comprises the adopted County Durham Plan 2020 (CDP). It is agreed that the most important policies for dealing with these appeals are Policy 33 dealing with renewables and Policy 39 dealing with landscape. 32. Policy 33 offers support to renewable and low carbon energy development in appropriate locations. Policy 39 seeks to protect the landscape from unacceptable harm and expects development proposals to incorporate appropriate mitigation measures. In terms of AHLV’s the policy seeks to ensure development is only permitted where it conserves and where appropriate enhances the special qualities of the landscape, unless the benefits of the development in that location clearly outweigh the harm. It https://www.gov.uk/planning-inspectorate 7
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 also requires development proposals to have regard to the County Durham Landscape Character Assessment and County Durham Landscape Strategy and contribute, where possible, to the conservation or enhancement of the local landscape. Hartlepool Borough Council (appeals C, D & E) 33. The development plan in this area comprises the adopted Hartlepool Local Plan 2018 (HLP) and the Rural Neighbourhood Plan 2018 (RNP). It is agreed that the most important policies in relation to these appeals are Policies RUR1 and QP4 in the HLP and Policies NE2, GEN1 and GEN2 in the RNP. 34. Policy RUR1 is a criteria-based policy that seeks to strictly control development in rural areas. It does support the rural economy where it is considered necessary for the efficient or the continued viable operation of agriculture, horticulture, forestry, equine uses, and/or other appropriate land-based businesses. This includes the diversification of activities on existing farm units which do not prejudice continued agricultural use and are of a scale and nature that is suitable to a rural location. 35.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham The relevant criteria are, it requires development in rural areas to be in accordance with the Hartlepool Rural Neighbourhood Plan and any other neighbourhood plan; where possible be located in or near to the villages, not have a significant detrimental impact on neighbouring users or surrounding area by way of amenity, noise, access, light pollution or visual intrusion; through good design, enhance the quality, character and distinctiveness of the immediate area, villages and landscapes, taking into account relevant design guides and statements; be in keeping with other buildings in terms of siting, size, materials and colour; not have a detrimental impact on the landscape character or heritage assets; and avoid areas of best and most versatile agricultural land, those areas classed as grades 1, 2 and 3a in the Agricultural Land Classification. 36. Policy QP4 is a criteria-based policy whose overall aim is to ensure all developments are designed to a high quality and positively enhance their location and setting. 37.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Policy NE2 provides support for renewable energy and low carbon schemes subject to consideration of among other things, the surrounding landscape and subject to appropriate mitigation measures to address any effects identified. 38. Policy GEN1, among other things, seeks to control development in the countryside but is supportive of essential public infrastructure. 39. Policy GEN2 sets out general design principles. Character and appearance Appeal A 40. Given their nature and scale, it is inevitable that large scale solar farms may result in landscape harm. In this context, national and development plan policy adopts a positive approach indicating that development will be approved where the harm would be outweighed by the benefits of a scheme. https://www.gov.uk/planning-inspectorate 8
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 41. The Framework at paragraph 174, indicates that the intrinsic character and beauty of the countryside should be recognised. That said, the Framework does not seek to protect, for its own sake, all countryside from development; rather it concentrates on the protection of valued landscapes. 42. The appeal site comprises agricultural fields and is entirely rural in appearance, as is much of the surrounding area. The area contains sporadic dwellings and farmsteads. The main urbanizing effect is the busy A19 dual carriageway, immediately to the east of field 2. 43. A useful starting point in dealing with the effect of the proposal on the character and appearance of the area is to consider the way in which it is described in character appraisals. The site is within National Character Area (NCA15): Durham Magnesium Limestone Plateau, but the appeal site displays very few characteristics described in NCA15. 44. The County Durham Landscape Character Assessment 2008 (CDLCA) is a local level assessment which it is agreed is most relevant to this case.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham It is broken down into County Landscape Areas, below that Broad Character Areas and then below that Local Landscape Types. Most of the site sits within the Sheraton Broad Character Area. The relevant characteristics in this case are the gently undulating landscape, a predominantly arable landscape with old pre-enclosure hedgerow networks, locally heavily fragmented and a few hedgerow trees, the busy A19 in prominent cuttings and embankments, and the occasional small broadleaved woodlands on prominent hill-tops and large ancient woodlands in incised denes. 45. Most of the appeal site is located within the Plateau farmland: Open arable local landscape type, which is described as, open, flat or rolling arable farmland on the heavy clays and brown earth of the limestone plateau with field boundaries consisting of low hawthorn hedges with few hedgerow trees. It says that field sizes are large and field patterns are often heavily disrupted by field amalgamations. 46. The south-western part of the site falls within the Tees Lowland broad landscape character type which contains a number of key characteristics found on the appeal site. This is then broken down into three broad character areas.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham The south-western part of the site lies within the Embleton Broad Character area, and this is most relevant here as it is described as “Gently rolling or flat wooded farmland. A patchwork of improved pasture and arable fields bounded by a fragmented network of old hedges, clipped low in places; tall and overgrown in others. There are few hedgerow trees. Broadleaved woodlands lie in incised steep sided denes of the branching Amerston Beck, and mixed plantations are scattered across the area. The Hurworth Burn Reservoir lies on the River Skerne in the north. Isolated farms are connected by narrow winding lanes and farm tracks. The area is crossed by the Castle Eden walkway on a disused railway line”. 47. The broad character area is broken down further into local landscape types. The most relevant type is the Plain farmland: wooded pasture and local landscape type, this is described as, “wooded gentle rolling or gently undulating farmland of improved and semi-improved pasture on the heavy clay soils of the Tees plain. Fields are often large and bounded by low, clipped, often gappy thorn hedges or wire fences with scattered, locally https://www.gov.uk/planning-inspectorate 9
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 abundant hedgerow oak, ash and sycamore. Field patterns are sub-regular, occasionally preserving the curving alignment of medieval strip fields. Older pastures may preserve relics of medieval rigg and furrow and deserted or shrunken medieval villages. Small field ponds are common”. 48. I saw when I visited the site that the landscape is characterised by gently rolling or gently undulating farmland. The boundary hedges varied in height and density with some containing trees. Some fields have been amalgamated to make larger fields to suit modern farming practices. I also saw pockets of woodland scattered across the landscape. My experience of this landscape reflected that set out in the most relevant landscape assessment. 49. The woodland and topography help to contain local views and along with extensive rows of hedgerow provide a sense of landscape enclosure. Nevertheless, there are areas where the views are more far reaching across the landscape. This was clear to see during my site visit when I viewed the appeal site from various roads, public footpaths and residential dwellings. 50.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham I saw that some hedgerows were much taller than others. The Council say that the traditional height is 1.5m, with farmers regularly cutting them low. It is alleged by the Council and local residents that the hedgerows close to the fields proposed to contain the solar arrays have been allowed to grow closer to the 3m height proposed as part of this scheme. Whilst the tradition might have been to keep hedgerows cut back, the CDLCA is critical of this practice as it says this reduces their landscape and wildlife value, among other things. It is likely therefore that taller hedges, like those proposed as part of the mitigation scheme in this case could become more commonplace in this and other areas in the future. This in turn could lead to a more enclosed landscape, regardless of the proposal. 51. The site is criss-crossed with a network of country lanes and public footpaths, many of which I walked during my site visit. These would remain and be largely unaffected by the proposal. 52. I shall deal first with the land parcels to the north of the B1280. Field 2 contains the largest concentration of solar arrays and is the least sensitive to change.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham It is bounded by the B1280 to the south and the A19 dual carriageway to the east and is bisected by 2 existing electricity pylons. The A19 here is particularly dominant as it contains the slip road to the A19 north when travelling from the B1280 or the A179 road from Hartlepool. 53. The B1280 road rises to the intersection over the A19 close to these fields. To the north of the site the unnamed lane which passes in front of Sheraton Hall Farm also comes close to this field. Boundary landscaping and an existing tree belt would be enhanced with further planting and hedgerows would be allowed to grow to a height of 3m. Overall, this field has the capacity to absorb the solar arrays with minimal harm due to its topography, existing and proposed screening, and the presence of the A19 and large pylons. 54. Turning now to field 1 which is a much smaller area to the west of field 2 but separated by an existing mature tree belt. The solar arrays would be set well back from the B1280. They would abut the lane leading to Sheraton Hall https://www.gov.uk/planning-inspectorate 10
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 Farm, but be well screened from users of the lane by existing and proposed boundary landscaping in the form of hedgerows and trees. New landscaping along the B1280 would screen out the distant views of them. The solar arrays would be visible from some places, but they would be glimpsed views seen in the context of the Sheraton Hall Farm complex which contains large modern farm buildings as well as a farmhouse. In addition, field 1 is part of a larger field that contains 5 electricity pylons. 55. Field 4, slightly further south-west, would contain another area of solar arrays. These would be within part of a field system to the north of Hurworth Burn Road. To the east of these is a sizeable area of mature woodland which would screen views from the west. To the north of the site there are some more smaller areas of woodland which would filter and soften the views from this direction. The views from here would also be reduced because of the topography and folds in the landscape. This stretch of Hurworth Burn Road is bounded by dense hedgerows of a height that would provide good screening.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham This mitigating effect would reduce to some degree in winter when there would be some filtered views through the hedgerow. 56. A public footpath runs along the boundary of the site, adjacent to Roper’s Wood, but I saw when I visited the site the entrance to it has been fly tipped and the footpath is overgrown and impassable. That is not to say however, it would not be brought back into use over the next 40 years. If it were, the solar panels would be along a short stretch of the footpath and at the other side of it would be woodland, so users would not be walking with solar panels on both sides which would be far more harmful. 57. Turning to the most southwestern parcel, field 3, which it is agreed is within the AHLV and therefore the most sensitive area to change of the appeal site. This part of the site is farthest away from the A19 corridor and has a more rural character. The roughly triangular shaped field has an area of mature woodland within it and the solar arrays would be wrapped around 3 sides of it. The areas to the north and south of the woodland are of limited size and therefore the number of arrays in these areas would be limited. 58.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham The area to the west of the woodland would be most visible in the landscape due to the land rising slightly here, the gappy nature of the hedgerows in places and the fact that the road wraps around it. 59. The solar arrays would be visible from the roads bounding the site. Visibility would be greater in the early years of the development whilst the gapping up of hedges and the growth of existing hedgerows to 3m takes place. 60. Any harm would reduce as the new hedgerows mature and the existing hedgerows grow taller and denser. This would take around 5 to 10 years for the full effect of the mitigation to be felt and it is likely there would be some residual effects during the winter months. However, this is a very small part of this landscape and the AHLV. 61. To summarise, in the early part of the life of the development there would be some locations where the magnitude of change in the landscape would be high. This would be notable from some roads particularly where the hedges are currently well below 3m high and/or contain considerable gaps in them. Elsewhere the essential character would be changed, but at a more https://www.gov.uk/planning-inspectorate 11
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 moderate level because of the retained and strengthened landscape features which would also be a positive legacy of the proposal even after its decommissioning. Also, the existing field patterns would be retained and the topography unaltered. 62. Overall, I find that the area of the site within the AHLV is of high sensitivity as a result of its high value and medium susceptibility to change would result in a major/moderate adverse landscape effect. In the area around the other fields a medium magnitude of change combined with a medium sensitivity would result in a moderate adverse effect upon the landscape character of the site on completion. This would result in some moderate harm to the character of the landscape here. The effect in all areas would diminish over time as the landscaping takes effect. It is agreed that this would be around 5 years from the completion of development and that by year 10 the mitigation effects would be greater, even in the winter months as the hedgerows increase in density. 63.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Turning to the visual impact, it is clear that the most noticeable parts of the development would be on the edges of the site. Only one of the fields where there would be solar arrays is abutted by a public footpath and this is currently unusable. Therefore, it would be mainly cyclists and horse riders who would have a high sensitivity to the adverse impacts when viewed from the roads. 64. Some would view them more favourably given their purpose is to deliver green energy. However, the proposal would introduce regular and regimented rows of solar panels along with their associated infrastructure such as inverters, fences and compounds. These are not typical features in a rural landscape and their visual impact would not be completely mitigated. In my judgement it would be of moderate adverse impact reducing over time to a moderate minor impact. 65. Other people likely to see the proposal are those travelling along the roads adjacent to the fields in vehicles. To some degree their sensitivity would be less as they would be likely to be travelling at greater speed and therefore see them for shorter periods and have more glimpsed views.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham As such the visual impact of the development would be less likely to be perceived as unfavourable. The impact for these people would be likely to be minor. 66. In longer distance views from the extensive network of public footpaths, it would be possible to see some areas of solar panels in the distance. However, these views would mostly be visually fragmented by trees and hedgerows, particularly during the summer months. Views from public footpaths would be limited due to the location of the development in relation to them and the naturally undulating landscape. 67. In terms of all receptors the harm would reduce over time as the landscaping matures and this is likely to take around 5 years, with more effects felt up to 10 years post construction as the landscaping becomes denser as well as taller. The mitigation would reduce in the winter months and again the reduction would be greater in the early years due to the landscaping being sparser. https://www.gov.uk/planning-inspectorate 12
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 68. The farms and dwellings to the east of fields 3 and 4 would see more of the solar panels because of their elevated position. They would however be viewed over some distance and the area of woodland in field 3 would effectively screen a large amount of the solar panels in that field and the existing and proposed boundary landscaping would effectively mitigate field 4. 69. In particular Sheraton Hall Farm lies close to the north-eastern parts of the site. Direct views into the site would be limited in part by field boundary hedgerows. During construction and at Year 1, the proposed solar panels would be clearly noticeable on the skyline to the south, however, sloping land on the adjacent field would remain as agriculture and most of the panels would be obscured by the topography. 70. The proposed panels would be seen in the context of the nearby powerlines with associated large-scale pylons.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham By year 5, a new tree-lined boundary hedgerow would have matured, screening most views towards the proposals to the south, and new tree and hedgerow planting, as well as infill hedgerow planting, would have matured along the boundary to the northernmost fields. However, views towards the solar development would remain to the north, due to the development being located on rising land. 71. Sheraton Grange Farm is situated on locally elevated land with views likely from northward facing windows looking towards north-eastern parts of the site and in particular from the private garden area belonging to the farmhouse. The western parts of the site adjacent to Hurworth Burn Road are also visible from the garden area. During construction and at Year 1, prior to mitigation planting being visually effective, views towards the proposed development would be greater albeit broken up by surrounding woodland tree belts. Once the proposed planting has matured, then the impact would be greatly reduced although there would be more visibility in winter. 72.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham From the properties at Sheraton West Grange, a range of barn conversions, the field adjacent to Hurworth Burn Road is visible as it rises from the road, as well as glimpses of the south westernmost field over intervening field boundary hedgerows. These properties at Sheraton West Grange are approximately 800m from the central parcel and 1km from the southwestern parcel. Whilst some solar panels would be visible from some windows in these dwellings and from the garden to the front, the views would be over some distance and over time mitigated by the proposed landscaping. 73. From Ivy Cottage and Hawthorn Cottage which are located at the junction between the B1280, and Hurworth Burn Road there may be some limited views in the early years of the development, but these would reduce over time as the proposed mitigation planting matures. 74. There are numerous other properties in the wider area, that may be able to obtain glimpsed views, but I consider that overall, the proposal would not have an adverse impact on the visual amenity of local residents. 75.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham The fact that the submitted study which is not contested by the Council concludes that there would be no adverse impact from glint or glare adds https://www.gov.uk/planning-inspectorate 13
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham The fact that the submitted study which is not contested by the Council concludes that there would be no adverse impact from glint or glare adds https://www.gov.uk/planning-inspectorate 13 Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 weight to this finding. There would therefore be a minor visual impact from these longer distance views. 76. Overall, I find that any harm to the character and appearance of the surrounding area would be limited and localised. The proposal would accord with CDP Policy 33. In terms of Policy 39 the proposal would not conserve the special qualities of the landscape in the AHLV. I shall consider later in my decision whether this harm is clearly outweighed by the benefits of the proposal and this whether the proposal accord with this policy. Appeal D 77. A useful starting point in dealing with the effect of the proposal on the character of the area is to consider the way in which it is described in character appraisals. At a national level the site and its surroundings are within NCA 15, the details of which are set out above in relation to appeal A. 78.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham More relevantly, the Hartlepool Landscape Assessment 2000 (HLA) identifies the site as falling within the Undulating Farmland Landscape Type, which the assessment assigns a high amenity value with a medium to low visual quality and a medium to low landscape quality. 79. The Strategic Gap Assessment 2017 (SGA) seeks to refine the character types identified within the HLA. The SGA locates the site within the Undulating Semi-Rural Farmland Landscape Character Area. This is described as the most common and widespread area within the vicinity of the strategic gap, but it does not locate the appeal site within a Strategic Gap. 80. The landscape value is assessed as high, stating that the landscape positively contributes to the setting of nearby settlements, includes several local landscape designations and is widely accessible via public footpaths. The area within which the site is located does include multiple public footpaths, and areas illustrated as designated in the Hartlepool Local Plan Policies Map such as Local Wildlife Sites and Natural and Semi- Natural Green Space.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham I agree with the appellant that the ‘high value’ assigned by the 2017 assessment is unjustified in this case since in the area around the site, there is an absence of any distinctive features other than areas of woodland which are commonplace. The landscape here does not exhibit any distinctive features or strong aesthetic qualities or distinctive views. 81. Indeed, the site is subject to local visual detractors associated with the existing Hart Moor Substation, the overhead electricity pylons and transmission lines, and the visual and audible presence of traffic on the A19 and A179. Whilst there are views of the sea from this site there are many more places where it can be viewed from. As such, I find that the appeal site is located within an area that would more closely align with the definition given for a landscape of moderate value. 82. The SGA categorises the landscape character sensitivity for the landscape character areas as ‘medium-high’ noting that the characteristics of the Undulating Semi-Rural Farmland Landscape Character Area are generally in a good condition, but that the area includes some detracting elements, including overhead cables, timber utility poles, pylons and roads.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham From my https://www.gov.uk/planning-inspectorate 14
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham From my https://www.gov.uk/planning-inspectorate 14 Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 visit to the site, it is clear that the area around the appeal site contains a number of these detracting elements and therefore I consider the sensitivity of the landscape character is medium, rather than high. Under the description of medium sensitivity, Table C of the SGA provides the following definition, “A landscape capable of accepting limited change. Proposed change could be accommodated with some adverse effects on landscape”. 83. Landscape Visual Sensitivity for the area is also assessed as “medium-high” with the SGA noting that “Views across the landscape are available from Public Rights of Way and are widely of farmland, trees and hedgerows. The footpaths are not considered to attract high visitor numbers and are not set amongst a landscape of national significance or particular rarity. Some views are longer distance, but occasionally comprise visibility of the Hartlepool settlement and industrialised areas beyond. The character area also has some intervisibility between adjacent character areas.” 84.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Whilst existing views are available across parts of the area from public footpaths, whose users are classified as high sensitivity visual receptors the public footpaths close to the site are not considered to attract high numbers of visitors. 85. On the basis of the evidence before me I find that the Undulating Semi-Rural Farmland Landscape Character Area in the vicinity of the site is of medium value and susceptibility, which results in a medium sensitivity. The landscape in the location of the cable route is already influenced by the A179, pylons crossing nearby land and the substation south of the A179. Once operational the cable would be buried underground and not visible, resulting in no change to the local landscape character. The proposed substation would give rise to a moderate magnitude of change during the operational phase, resulting in a moderate adverse level of effect on the site itself, with the character beyond the site remaining unchanged during the operational phase. 86.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham In terms of the effects of the proposed substation on the landscape character of the site, it is influenced by numerous large pylons and associated powerlines in the locality and is not covered by any national or local landscape designations. The value of the site is therefore assessed as medium and the susceptibility of the landscape character to the proposals is considered to be medium, resulting in a medium sensitivity. Once operational the proposed substation would give rise to a moderate magnitude of change, whereas the cable would result in no change to the character of the site. 87. Turning now to the effect on general visual amenity, for the residents of Hart Moor Farm and associated dwellings these properties already overlook a large-scale pylon and have views towards the substations located to the south of the A179, as well as being able to see wind turbines on the skyline. Once the new tree-lined hedgerows along site boundaries have matured the views from the properties towards the proposed substation would be filtered. 88.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham For the residents of the properties of Nine Acres those on the western side of the culs de sac have views towards the proposal which would be filtered in part by garden vegetation and by intervening field boundary hedgerows. From the upper floor windows of the properties there would be greater views https://www.gov.uk/planning-inspectorate 15
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham For the residents of the properties of Nine Acres those on the western side of the culs de sac have views towards the proposal which would be filtered in part by garden vegetation and by intervening field boundary hedgerows. From the upper floor windows of the properties there would be greater views https://www.gov.uk/planning-inspectorate 15
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 of the substation compound, but this would be seen in conjunction with intervening vegetation, and in the context of existing large scale pylons dominating the skyline. 89. Once the proposed mitigation has matured, including infilling gaps in existing hedgerows and the allowance for the hedgerow to mature above 3m in height, the visual effects would reduce, particularly during the winter months. Views from dwellings on the western edge of Hart Village and Burns Close would be across a greater distance, thereby reducing the impact further. 90. Vehicles travelling along a short section of the A179, would get oblique views of the substation, which would sit lower than and be set back from the road. Although most views towards the proposed development would be obscured by the field boundary hedgerow adjacent to the A179, some glimpsed transient views would be possible towards the proposed substation, in particular to the southeast of the site. 91. However, the proposed substation would be seen in the context of the existing electricity pylons.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham The footpath leading from Nine Acres, across to the community woodland would provide views of the substation when walking it in a westerly direction. Whilst this is a relatively short footpath the substation would be clearly seen, although over time as the landscaping matures the views would become more filtered. 92. As with many views in this area the substation would be seen in the context of large electricity pylons. For people on the public footpath between Hart and Middlethorpe Farm, there would be no views towards the proposed development along most of this public footpath due to intervening field boundary vegetation or intervening landform. 93. However, limited oblique glimpsed views towards the proposed development would be possible over a limited stretch of the route, where the path is at its highest. Any view of the proposed development would be seen in the context of numerous pylons, masts, wind turbines on the skyline, in the context of development in Hart and, in the context of the infrastructure south of the A179. 94. As set out above this appeal relates to a substation and cabling. The substation would be located in a dip in the landscape thereby reducing its visual impact somewhat.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham The character and appearance of the area of the countryside here is very different to that at the other side of the A19. There is more built development in the form of housing with the village of Hart to the west and slightly further away the large town of Hartlepool. Linked to the proximity of the Hart Moor Substation, the area close to the site contains several large electricity pylons. 95. The A179 is a very busy, fast road carrying traffic between Hartlepool and the A19. All of this contributes to the area having a far less rural character and appearance. Whilst I accept the area to the south of the A179 contains much more industrial type development and has planning permission for more, it is closely linked to the area around the appeal site. Moreover, other large-scale development close to the appeal site on the north side of the A179, has planning permission in the form of a synchronous condenser. https://www.gov.uk/planning-inspectorate 16
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 96. Whilst the building housing the substations would need to be larger because it would also contain the substation for the Hulam solar farm, it would negate the need for another separate, albeit smaller substation to the north of the appeal site. Nevertheless I find that it is not ‘essential’ public infrastructure as required by RNP Policy GEN1. The building would be large and impossible to completely screen using landscaping, because of its scale and mass. However, the harm would be reduced by its location on lower ground, the presence of some mature landscaping which would be enhanced and the other large-scale infrastructure and busy main road. 97. The proposal would conflict with HLP Policy RUR1 and QP4. It would accord with RNP Policy NE2, but conflict with policies GEN1 and GEN2. Appeals B, C and E 98.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham These appeals all relate to cabling and whilst there would be some short- term limited harm to the character and appearance of the countryside whilst the trenches are dug and the cabling laid, the cabling would quite quickly be buried under ground with very limited evidence of it above ground. As such I find that the cabling once laid and covered over would not harm the character and appearance of the area and accord with the relevant LP policies. Moreover if I find that appeal A is acceptable then the cabling would be necessary. Other Matters Renewable Energy 99. The Government recognises that climate change is happening through increased greenhouse gas emissions. One of the ways in which they are seeking to reduce reliance on energy production from fossil fuels is to significantly boost the amount of energy that is generated through renewable energy, including solar energy. The Climate Change Act 2008, as amended sets a legally binding target to reduce net greenhouse gas emissions from their 1990 level by 100%, Net Zero by 2050. 100. A material consideration in the determination of planning proposals is, National Policy Statements (NPS) for the delivery of major energy infrastructure.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham The NPSs EN-1 and EN-3 do not specifically refer to solar generated power, but they do reiterate the urgent need for renewable energy electricity projects to be brought forward. Draft updates to NPSs EN- 1 and EN-3 identify, as part of the strategy for the low-cost decarbonisation of the energy sector, solar farms which they see as providing a clean, low cost and secure source of electricity. However given they are at a draft stage I have afforded them only limited weight. 101. Durham County Council declared a climate emergency in 2019 and made a pledge to make County Durham carbon neutral by 2050. Durham County Council’s Climate Emergency Action Response Plan outlines the measures the Council will take to meet this pledge. This includes actions and priorities to tackle both the Council’s and County Durham’s contribution to climate change. 102. The December 2020 Energy White Paper: Powering our Net Zero Future (WP) reiterates that setting a net zero target is not enough, it must be https://www.gov.uk/planning-inspectorate 17
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 achieved through, amongst other things, a change in how energy is produced. The WP sets out that solar is one of the key building blocks of the future generation mix. In October 2021, the Government published the Net Zero Strategy: Build Back Greener where under key policies it explains that subject to security of supply, the UK will be powered entirely by clean electricity through, amongst other things, the accelerated deployment of low-cost renewable generation such as solar. 103. Sheraton Solar Farm would have a generation capacity of up to 49.9 MW and would generate enough electricity to power the equivalent of 16,330 houses. This would result in approximately 20,558 fewer tonnes of carbon dioxide emissions from energy generation in the UK each year. The Council’s acknowledge that this a substantial benefit of the proposals that attracts significant weight. 104. There are no physical constraints limiting early development of this site and a grid connection offer is in place.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Therefore, the scheme could make an early and significant contribution to the objective of achieving the statutory Net Zero target set for 2050 and the commitment to reducing emissions in the shorter term also. Taking all of this into account, this benefit attracts significant weight. Ecology and Biodiversity 105. The proposals are supported by a Biodiversity Management Plan which sets out the measures to provide enhanced biodiversity. The proposed development would provide an overall Biodiversity Net Gain (BNG) of 22.23% in area derived units and 25.56% in linear derived units. 106. I also note that neither the Council nor Natural England have raised any objections to the proposal, subject to relevant planning conditions and a Section 39 agreement (Wildlife and Countryside Act). The appellant has entered into a Section 39 agreement with Durham County Council which requires the submission of a Biodiversity Scheme and Management Plan to the Council for its approval. 107. In this regard I find that the BNG and the s39 agreement is a benefit of the scheme that attracts significant weight. 108. Hurworth Burn lies to the west of appeal site A.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham There are concerns that birds flying between the Burn and the coast to the east would mistake the solar arrays for bodies of water and fly into them, causing the birds harm. I have very limited evidence before me that this is more than a perceived risk. Loss of agricultural land and land quality
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham There are concerns that birds flying between the Burn and the coast to the east would mistake the solar arrays for bodies of water and fly into them, causing the birds harm. I have very limited evidence before me that this is more than a perceived risk. Loss of agricultural land and land quality | 109. This was a reason for refusal in relation to appeal A, but as set out above the | | --- | | Council have not sought to defend it. The framework at paragraph 174 | | advises that planning decisions should contribute to and enhance the natural | | and local environment by recognising the intrinsic character and beauty of | | the countryside, and the wider benefits from natural capital and ecosystem | | services – including the economic and other benefits of BMV agricultural | | land. It is common ground between the main parties that the appeal site is | | not BMV agricultural land. |
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham | 109. This was a reason for refusal in relation to appeal A, but as set out above the | | --- | | Council have not sought to defend it. The framework at paragraph 174 | | advises that planning decisions should contribute to and enhance the natural | | and local environment by recognising the intrinsic character and beauty of | | the countryside, and the wider benefits from natural capital and ecosystem | | services – including the economic and other benefits of BMV agricultural | | land. It is common ground between the main parties that the appeal site is | | not BMV agricultural land. | https://www.gov.uk/planning-inspectorate 18
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham https://www.gov.uk/planning-inspectorate 18 Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 | 110. Whilst the proposal would result in the loss of arable land for food | | --- | | production, this would be for a temporary period, albeit a long one. It could | | still be used for sheep to graze and therefore it would not be completely | | redundant as farming land. | | 111. Taking all of this into account I find that the proposal is acceptable in this | | regard and would accord with the relevant policies in the CDP. |
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham | 110. Whilst the proposal would result in the loss of arable land for food | | --- | | production, this would be for a temporary period, albeit a long one. It could | | still be used for sheep to graze and therefore it would not be completely | | redundant as farming land. | | 111. Taking all of this into account I find that the proposal is acceptable in this | | regard and would accord with the relevant policies in the CDP. |
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Ground water pollution 112. Local residents have raised concerns about possible contamination of ground water as a result of chemicals leaching out of the solar panels. The appellant’s technical note advises that they would carry out adequate appropriate desktop and site-based Pre-Engineering Studies to provide the information necessary to ensure compliance with respect to contamination and ground water risk. The appellant advised at the inquiry that the panels are sealed units which prevents leakage of potentially harmful chemicals from them. Glint and glare 113. The appellant has submitted a glint and glare assessment which concludes that the impact would not be significant, and this was not disputed by the Council. Highways England have requested a planning condition in respect of this matter if the appeal is allowed to ensure that the solar arrays would not have an adverse impact on highway safety on the A19 trunk road. This would provide further reassurance on this matter. Access and highway safety 114. It is agreed between the main parties that the proposal would not result in harm to access or highway safety subject to relevant planning conditions.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Having visited the sites and the surrounding area on a number of occasions I share this view. Whist it is inevitable there would be some disruption during the construction phase due to construction vehicles this would be short lived and is not a reason to not allow the proposal. Moreover, placing the cables in private land rather than in the public highway would substantially reduce the disruption. Historic heritage 115. A Settings Impact Assessment was submitted alongside the planning applications. The Councils have raised no objections in this regard, including in respect of the effect of the proposals on Sheraton Medieval Settlement. In terms of archaeology the Council agree that this could be dealt with through a planning condition should the appeal be allowed. This would ensure that any below ground remains are fully investigated and protected where appropriate. I concur with these assessments. Residential amenity 116. The construction of the development would all cause disruption and noise nuisance for local residents and those using the local road network to some degree.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham The appellants say that construction would take around a year and so whilst this is not a short period of time if you are a local resident living https://www.gov.uk/planning-inspectorate 19
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham The appellants say that construction would take around a year and so whilst this is not a short period of time if you are a local resident living https://www.gov.uk/planning-inspectorate 19
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 with the inconvenience this harm would be limited. Working hours could be controlled by a planning condition if I were to allow the appeal. This would prevent work being undertaken in anti-social hours. Planning Balance 117. A material consideration is the time limited nature of the proposals. I acknowledge that 40 years is a long time and that the proposed 40-year life of the solar farm is significantly more than a generation. Thus, in coming to my conclusion I have these factors/concerns uppermost in my mind. 118. Both national and development plan policy recognise that large scale solar farms may result in some landscape and visual impact harm. However, both adopt a positive approach indicating that development can be approved where the harm is outweighed by the benefits. This is a planning judgement. Here, through a combination of topography, existing screening and landscape mitigation, the adverse effect on landscape character and visual impact would be limited and highly localised, even around the AHLV.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Moreover, as the existing and proposed planting matures, adverse effects, would be progressively mitigated and once decommissioned there would be no residual adverse landscape effects. 119. Rather the scheme would leave an enhanced landscape consistent with the objectives of development plan policy. In these circumstances, whilst there would be some localised harm to landscape character and some visual harm in conflict with some of the relevant development plan policies, the imperative to tackle climate change, as recognised in legislation and energy policy, and the very significant benefits of the scheme clearly and decisively outweigh the limited harm. As such the proposal would accord with CDP policy 39. Conditions 120. Many of the conditions I have imposed are the same across all of the appeals and the reasons for imposing them are also the same. Where conditions are unique to certain appeals I will deal with these separately. 121.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham In addition to the standard time condition and a condition to ensure the development is carried out in accordance with the approved plans, I have imposed a number of conditions related to the fact that planning permission is granted for a temporary period of 40 years from the date of first export of electricity and to ensure that this is enforceable. Accordingly, conditions relating to decommissioning and restoration works are also necessary. 122. I have imposed a condition to limit the export capacity of the solar farm to 49.9 MW because this is the threshold for the case to be considered under the TCPA as set out above. Several conditions are necessary to protect the living conditions of local residents and users of the public highways. 123. Conditions are necessary to ensure the proposal is carried out in accordance with the submitted flood risk assessment to ensure the proposals do not increase flood risk. https://www.gov.uk/planning-inspectorate 20
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Land near Sheraton Hall Farm, Sheraton, Durham Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 124. Landscaping is an important part of the mitigation of appeals A and D and therefore I have imposed conditions to control the design, implementation and maintenance of this. 125. In respect of appeal A, a condition is necessary to control the final appearance of the solar panels and other associated infrastructure. In relation to appeal D I have imposed a condition to control finished floor levels given the uneven land levels where the substation will be constructed and one to control the external materials of the substation building. Conclusions 126. Overall, I conclude the proposed solar farm would make a material and early contribution to the objective of achieving the decarbonisation of energy production and that to allow the proposed solar farm would not conflict with the objectives of relevant development and national planning policy when read as a whole. 127. For the reasons given above I allow the appeals.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby INSPECTOR https://www.gov.uk/planning-inspectorate 21
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby INSPECTOR https://www.gov.uk/planning-inspectorate 21 Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 ANNEX A – SCHEDULE OF CONDITIONS: Appeal A 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 2. The Local Planning Authority shall be given at least seven days prior written notification of the date of commencement of the development. 3. The development hereby permitted shall cease on or before the expiry of a 40- year period from the date of first export of electricity. 4. The Local Planning Authority shall be given at least seven days prior written notification of the date of first export of electricity. 5.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 ANNEX A – SCHEDULE OF CONDITIONS: Appeal A 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 2. The Local Planning Authority shall be given at least seven days prior written notification of the date of commencement of the development. 3. The development hereby permitted shall cease on or before the expiry of a 40- year period from the date of first export of electricity. 4. The Local Planning Authority shall be given at least seven days prior written notification of the date of first export of electricity. 5.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby The development hereby approved shall not be carried out except in complete accordance with the following approved plans reference: Landscape Proposals Sheet 1 of 2 - P20-2238.005D Landscape Proposals Sheet 2 of 2 - P20-2238.006D Panel Elevation 3 Landscape 20/20 - PNL_3L_ 20/20 Sheraton Hall Farm Layout - SRT_01 UK EPD Auxiliary Transformer 00 - UK_EPD_AUX UK EPD CCTV Camera 00 - UK_EPD_CAM UK EPD Customer Substation 00 - UK_EPD_CSS UK EPD DNO Substation 00 - UK_EPD_DNO UK EPD Fence 00 - UK_EPD_FNC UK EPD Gate 00 - UK_EPD_GNC UK EPD Inverter 00 - UK_EPD_INV UK EPD Monitoring House/Communication Building 00 -UK_EPD_MH/CB UK EPD GRP Cabinet - DNO Meter 00 - UK_EPD_MTR UK EPD Road Cross Section - UK_EPD_RCS UK EPD Storage 40 Container - 00 UK_EPD_S40 UK EPD Switchgear 00 - UK_EPD_SWG UK EPD Transformer 00 - UK_EPD_TLT https://www.gov.uk/planning-inspectorate 22
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 UK EPD Toilet 00 - UK_EPD_TFM Site Location Plan - SRT_SLP_00 6. The export capacity of the development shall not exceed 49.9 MW (AC). 7. No development shall take place until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 UK EPD Toilet 00 - UK_EPD_TFM Site Location Plan - SRT_SLP_00 6. The export capacity of the development shall not exceed 49.9 MW (AC). 7. No development shall take place until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby The Construction Management Plan shall include as a minimum but not necessarily be restricted to the following: ● A Dust Action Plan including measures to control the emission of dust and dirt during construction taking into account relevant guidance such as the Institute of Air Quality Management "Guidance on the assessment of dust from demolition and construction" February 2014; ● Details of methods and means of noise reduction; ● Where construction involves penetrative piling, details of methods for piling of foundations including measures to suppress any associated noise and vibration; ● Details of whether there will be any crushing/screening of materials on site using a mobile crusher/screen and the measures that will be taken to minimise any environmental impact; ● Details of measures to prevent mud and other such material migrating onto the highway from construction vehicles; ● Designation, layout and design of construction access and egress points; ● Details for the provision of directional signage (on and off site); ● Details of contractors' compounds, materials storage and other storage arrangements, including cranes and plant, equipment and related temporary infrastructure; ● Details of provision for all site
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby operations for the loading and unloading of plant, machinery and materials; ● Details of provision for all site operations, including visitors and construction vehicles for parking and turning within the site during the construction period; ● Routing agreements for construction traffic; ● Details of the erection and maintenance of security hoarding; ● Details of construction and decommissioning working hours; ● Waste audit and scheme for waste minimisation and recycling/disposing of waste resulting from demolition and construction works; and ● Detail of measures for liaison with the local community and procedures to deal with any complaints received.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby operations for the loading and unloading of plant, machinery and materials; ● Details of provision for all site operations, including visitors and construction vehicles for parking and turning within the site during the construction period; ● Routing agreements for construction traffic; ● Details of the erection and maintenance of security hoarding; ● Details of construction and decommissioning working hours; ● Waste audit and scheme for waste minimisation and recycling/disposing of waste resulting from demolition and construction works; and ● Detail of measures for liaison with the local community and procedures to deal with any complaints received. The Construction Management Plan shall have regard to BS 5228 "Noise and Vibration Control on Construction and Open Sites" during the planning and implementation of site activities and operations. The approved Construction Management Plan shall also be adhered to throughout the construction period and the approved measures shall be retained for the duration of the construction works. https://www.gov.uk/planning-inspectorate 23
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby The Construction Management Plan shall have regard to BS 5228 "Noise and Vibration Control on Construction and Open Sites" during the planning and implementation of site activities and operations. The approved Construction Management Plan shall also be adhered to throughout the construction period and the approved measures shall be retained for the duration of the construction works. https://www.gov.uk/planning-inspectorate 23
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 8. Construction operations shall only take place within the following hours: 07.30 to 19.00 Monday to Friday 07.30 to 12.00 Saturday No operations including the maintenance of machinery and plant shall take place outside of these hours or at any time on Bank, or other Public Holidays, save in cases of emergency when life, limb, or property are in danger. The Local Planning Authority shall be notified as soon as is practicable after the occurrence of any such operations or working. 9. The development shall be carried out in accordance with the submitted flood risk assessment (L491-DOC03 FRA: December 2020). The mitigation measures detailed within the flood risk assessment shall be fully implemented prior to development being brought into use. These measures shall be retained and maintained thereafter throughout the lifetime of the development. 10. All vehicles leaving the site shall be sufficiently cleaned in order to ensure that mud, dirt, and treated or untreated waste is not transferred onto the public highway. 11.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Prior to the commencement of development, a Construction Traffic Management Plan shall be submitted to the Local Planning Authority for approval in writing in consultation with Highways England. 12. Prior to the commencement of development, a mitigation plan to avoid ‘Glint and Glare’ shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved mitigation plan. 13. Notwithstanding the detail in the approved plans set out in condition No.5, prior to the commencement of development of any above-ground structure, precise details of that structure shall be submitted to and approved in writing by the Local Planning Authority. The submission shall include the colours and finishes. The development shall be carried out in accordance with agreed details. 14. Prior to the commencement of development, a written scheme of investigation setting out a phased programme of archaeological work in accordance with 'Standards For All Archaeological Work In County Durham And Darlington' shall be submitted to the Local Planning Authority for approval in writing.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby The programme of archaeological work will then be carried out in accordance with the approved scheme of works. 15. No part of an individual phase of the development as set out in the agreed programme of archaeological works shall be occupied until the post investigation assessment has been completed in accordance with the approved Written Scheme of Investigation. The provision made for analysis, publication and dissemination of results, and archive deposition, should be confirmed in writing to, and approved by, the Local Planning Authority. https://www.gov.uk/planning-inspectorate 24
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby The programme of archaeological work will then be carried out in accordance with the approved scheme of works. 15. No part of an individual phase of the development as set out in the agreed programme of archaeological works shall be occupied until the post investigation assessment has been completed in accordance with the approved Written Scheme of Investigation. The provision made for analysis, publication and dissemination of results, and archive deposition, should be confirmed in writing to, and approved by, the Local Planning Authority. https://www.gov.uk/planning-inspectorate 24
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 16. The landscaping proposals detailed in Condition 5 shall be carried out prior to the end of the first available planting season following the date of first export of electricity. The established landscaping shall be managed and maintained in accordance with the Section 39 (Wildlife and Countryside Act) Agreement associated with this development. 17. A scheme for the restoration of the site, including the dismantling and removal of all elements, shall be submitted to and be approved in writing by the Local Planning Authority not later than 40 years from the date of first export of electricity. The approved scheme shall be carried out and completed within 6 months from the date that the planning permission hereby granted expires. 18.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby In the event the site does not export electricity to the grid for a continuous period of 12 months after the date of first export, a scheme of early decommissioning works (“the Early Decommissioning Scheme”) and ecological assessment report detailing site requirements in respect of retaining ecological features (“the Early Ecological Assessment Report”) shall be submitted no later than 3 months after the end of the 12 month non-electricity generating period to the local planning authority for its approval in writing. The Early Decommissioning Scheme and the Early Ecological Assessment Report shall be implemented in full thereafter. Appeal B 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 2. The Local Planning Authority shall be given at least seven days prior written notification of the date of commencement of the development. 3. The development hereby permitted shall cease on or before the expiry of a 40 year period from the date of first export of electricity. 4. The Local Planning Authority shall be given at least seven days prior written notification of the date of first export of electricity. 5.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby The development hereby approved shall be carried out in strict accordance with the following approved plans: Block Plan Site – P20-2110_08 Location Plan – P20-2110_05 Initial Design Layout – UK_SRT-CR_LP1-IDL 6. No development shall take place until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. The Construction Management Plan shall include as a minimum but not necessarily be restricted to the following: ● A Dust Action Plan including measures to control the emission of dust and dirt during construction taking into account relevant guidance such as the Institute of Air Quality Management "Guidance on the assessment of dust from demolition and construction" February 2014; https://www.gov.uk/planning-inspectorate 25
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 ● Details of methods and means of noise reduction; ● Where construction involves penetrative piling, details of methods for piling of foundations including measures to suppress any associated noise and vibration; ● Details of whether there will be any crushing/screening of materials on site using a mobile crusher/screen and the measures that will be taken to minimise any environmental impact; ● Details of measures to prevent mud and other such material migrating onto the highway from construction vehicles; ● Designation, layout and design of construction access and egress points; ● Details for the provision of directional signage (on and off site); ● Details of contractors' compounds, materials storage and other storage arrangements, including cranes and plant, equipment and related temporary infrastructure; ● Details of provision for all site operations for the loading and unloading of plant, machinery and materials; ● Details of provision for all site operations, including visitors and construction vehicles for parking and turning within the site during the construction period; ●
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Routing agreements for construction traffic; ● Details of the erection and maintenance of security hoarding; ● Details of construction and decommissioning working hours; ● Waste audit and scheme for waste minimisation and recycling/disposing of waste resulting from demolition and construction works; and ● Detail of measures for liaison with the local community and procedures to deal with any complaints received.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Routing agreements for construction traffic; ● Details of the erection and maintenance of security hoarding; ● Details of construction and decommissioning working hours; ● Waste audit and scheme for waste minimisation and recycling/disposing of waste resulting from demolition and construction works; and ● Detail of measures for liaison with the local community and procedures to deal with any complaints received.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby The Construction Management Plan shall have regard to BS 5228 "Noise and Vibration Control on Construction and Open Sites" during the planning and implementation of site activities and operations. The approved Construction Management Plan shall also be adhered to throughout the construction period and the approved measures shall be retained for the duration of the construction works. 7. Construction operations shall only take place within the following hours: 07.30 to 19.00 Monday to Friday 0 7.30 to 12.00 Saturday No operations including the maintenance of machinery and plant shall take place outside of these hours or at any time on Bank, or other Public Holidays, save in cases of emergency when life, limb, or property are in danger. The Local Planning Authority shall be notified as soon as is practicable after the occurrence of any such operations or working. 8. The development shall be carried out in accordance with the submitted flood risk assessment (L491-DOC03 FRA: December 2020). The mitigation measures detailed with the flood risk assessment shall be fully implemented prior to development being brought into use.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby These measures shall be retained and maintained thereafter throughout the lifetime of the development. https://www.gov.uk/planning-inspectorate 26
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby These measures shall be retained and maintained thereafter throughout the lifetime of the development. https://www.gov.uk/planning-inspectorate 26
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 9. All vehicles leaving the site shall be sufficiently cleaned in order to ensure that mud, dirt, and treated or untreated waste is not transferred onto the public highway. 10. All HGV movements accessing the site from Bellows Burn Lane from the south are to utilize the A19/B1281 interchange and return on the A19 South for further exit onto Bellows Burn Lane. All HGV movements leaving Hulam Farm at the A19/Bellows Burn Lane junction are required to turn left and head south to further turn on to the A19/A171-B1280 interchange in order to head north and eliminate the need to use gaps in the central reservation. 11. Prior to the commencement of development, a written scheme of investigation setting out a phased programme of archaeological work in accordance with 'Standards For All Archaeological Work In County Durham And Darlington' shall be submitted to the Local Planning Authority for approval in writing. The programme of archaeological work will then be carried out in accordance with the approved scheme of works. 12.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby No part of an individual phase of the development as set out in the agreed programme of archaeological works shall be occupied until the post investigation assessment has been completed in accordance with the approved Written Scheme of Investigation. The provision made for analysis, publication and dissemination of results, and archive deposition, should be confirmed in writing to, and approved by, the Local Planning Authority. 13. A scheme for the restoration of the site, including the dismantling and removal of all elements, shall be submitted to and be approved in writing by the Local Planning Authority not later than 40 years from the date of first export. The approved scheme shall be carried out and completed within 6 months from the date that the planning permission hereby granted expires. 14.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby In the event the site does not export electricity to the grid for a continuous period of 12 months after the date of first export, a scheme of early decommissioning works (“the Early Decommissioning Scheme”) and ecological assessment report detailing site requirements in respect of retaining ecological features (“the Early Ecological Assessment Report”) shall be submitted no later than 3 months after the end of the 12 month non-electricity generating period to the local planning authority for its approval in writing. The Early Decommissioning Scheme and the Early Ecological Assessment Report shall be implemented in full thereafter. Appeal C 1. The development to which this permission relates shall be begun not later than three years from the date of this permission. 2. The Local Planning Authority shall be given at least seven days prior written notification of the date of commencement of the development. 3. The development hereby permitted shall cease on or before the expiry of a 40 https://www.gov.uk/planning-inspectorate 27
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 year period from the date of first export of electricity. 4. The Local Planning Authority shall be given at least seven days prior written notification of the date of first export of electricity. 5. The development hereby approved shall be carried out in accordance with the plans and details: Drawing UK_SRT-CR_LP1-IDL_02 ‘UK_Sheraton Hall Cable Route_LP1-IDL_02 - Initial Design Layout_02’ Drawing P2110_08, ‘Block Plan Project 2: Sheraton Cable Route’ Drawing P2110_06 Rev A, ‘Site Location Plan Project 2: Sheraton Cable Route’ (insofar as this approved scheme solely relates to the cable route denoted as ‘Cable Route Option 1’) 6. A) No demolition/development shall take place/commence until a programme of archaeological work including a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and: 1. The programme and methodology of site investigation and recording; 2. The programme for post investigation assessment; 3.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Provision to be made for analysis of the site investigation and recording; 4. Provision to be made for publication and dissemination of the analysis and records of the site investigation; 5. Provision to be made for archive deposition of the analysis and records of the site investigation; and 6. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation. B) No demolition/development shall take place other than in accordance with the Written Scheme of Investigation approved under condition (A). C) The development shall not be operational or brought into use until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured. 7. No development shall take place (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the Local Planning Authority.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby The CEMP (Biodiversity) shall include the following: a) Risk assessment of potentially damaging construction activities; b) Identification of “biodiversity protection zones”; https://www.gov.uk/planning-inspectorate 28
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby The CEMP (Biodiversity) shall include the following: a) Risk assessment of potentially damaging construction activities; b) Identification of “biodiversity protection zones”; https://www.gov.uk/planning-inspectorate 28 Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements); d) The location and timing of sensitive works to avoid harm to biodiversity features; e) The times during construction when specialist ecologists need to be present on site to oversee works; f) Responsible persons and lines of communication; g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person; and h) Use of protective fences, exclusion barriers and warning signs. The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless any variation is otherwise agreed in writing by the Local Planning Authority. 8.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Prior to the commencement of development, a Construction Traffic Management Plan shall be submitted to and agreed in writing with the Local Planning Authority, to agree the routing of all HGVs movements associated with the construction phases, effectively control dust emissions from the site remediation and construction works. This shall address earth moving activities, control and treatment of stock piles, parking for use during construction and measures to protect any existing footpaths and verges, vehicle movements, wheel cleansing measures to reduce mud on highways, road sheeting of vehicles, offsite dust/odour monitoring, communication with local residents and measures to prevent the queuing of construction vehicles prior to the opening of the site. Thereafter, the development shall be carried out in accordance with the agreed details. 9. Notwithstanding the submitted details, a detailed scheme of soft landscaping within the vicinity of the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority prior to the above ground construction of the development hereby approved.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby The scheme must specify sizes, types and species, indicate the proposed layout, include a programme of the works to be undertaken, and be implemented in accordance with the approved details and programme of works. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out prior to the end of the first planting season following the completion of the development or first export of electricity whichever is the sooner. Any trees, plants or shrubs which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of the same size and species, unless the Local Planning Authority gives written consent to any variation. 10. The scheme for the disposal and management of surface water associated with the development hereby approved shall be carried out solely in accordance with the submitted ‘Sheraton Hall Solar Farm Cable Route Flood Risk Assessment’, reference L491-DOC04 FRA Cable Route / June 2021 (date received by the Local Planning Authority 7th July 2021).
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby The approved drainage system shall be implemented in accordance with the approved detailed design prior to completion of the development. The scheme shall demonstrate that the surface https://www.gov.uk/planning-inspectorate 29
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby The approved drainage system shall be implemented in accordance with the approved detailed design prior to completion of the development. The scheme shall demonstrate that the surface https://www.gov.uk/planning-inspectorate 29
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 water drainage system(s) are designed in accordance with the standards detailed in the Tees Valley SuDS Design Guide and Local Standards (or any subsequent update or replacement for that document). 11. Construction operations shall only take place within the following hours: 07.30 to 19.00 Monday to Friday 0 7.30 to 12.00 Saturday No operations including the maintenance of machinery and plant shall take place outside of these hours or at any time on Bank, or other Public Holidays, save in cases of emergency when life, limb, or property are in danger. The Local Planning Authority shall be notified as soon as is practicable after the occurrence of any such operations or working. 12. A scheme for the restoration of the site, including the dismantling and removal of all elements, shall be submitted to and be approved in writing by the Local Planning Authority not later than 40 years from the date of first export. The approved scheme shall be carried out and completed within 6 months from the date that the planning permission hereby granted expires. 13.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby In the event the site does not export electricity to the grid for a continuous period of 12 months after the date of first export, a scheme of early decommissioning works (“the Early Decommissioning Scheme”) and ecological assessment report detailing site requirements in respect of retaining ecological features (“the Early Ecological Assessment Report”) shall be submitted no later than 3 months after the end of the 12 month non-electricity generating period to the local planning authority for its approval in writing. The Early Decommissioning Scheme and the Early Ecological Assessment Report shall be implemented in full thereafter. 14. Notwithstanding the submitted information and prior to any equipment, machinery or materials being brought onto the site for the purposes of the development hereby approved, a scheme for the protection and retention of the retained landscape features shall be first submitted to and agreed in writing with the Local Planning Authority. Thereafter and prior to any equipment, machinery or materials being brought onto the site for the purposes of the development, the agreed protection measures shall be implemented on site (and thereafter retained until the completion of the development).
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Nothing shall be stored or placed in any area fenced in accordance with this condition. Nor shall the ground levels within these areas be altered or any excavation be undertaken without the prior written approval of the Local Planning Authority. Any trees that are found to be dead, dying, severely damaged or diseased as a result of site works shall be replaced with trees of such size and species as may be specified in writing by the Local Planning Authority in the next available planting season. Appeal D 1. The development to which this permission relates shall be begun not later than three years from the date of this permission. https://www.gov.uk/planning-inspectorate 30
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Nothing shall be stored or placed in any area fenced in accordance with this condition. Nor shall the ground levels within these areas be altered or any excavation be undertaken without the prior written approval of the Local Planning Authority. Any trees that are found to be dead, dying, severely damaged or diseased as a result of site works shall be replaced with trees of such size and species as may be specified in writing by the Local Planning Authority in the next available planting season. Appeal D 1. The development to which this permission relates shall be begun not later than three years from the date of this permission. https://www.gov.uk/planning-inspectorate 30
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 2. The Local Planning Authority shall be given at least seven days prior written notification of the date of commencement of the development. 3. The development hereby permitted shall cease on or before the expiry of a 40 year period from the date of first export of electricity. 4. The Local Planning Authority shall be given at least seven days prior written notification of the date of first export of electricity. 5. The development hereby approved shall be carried out in accordance with the following approved plans: Drawing P20-2110.100 Rev D ‘Detailed Landscape Proposals’ date received 01/02/2022 by the LPA Drawing P20-2110_07 Rev C, ‘Site Location Plan’, date received 03/02/2022 by the LPA Drawing SUB_CSR (GBR_Hart Moor Substation_EPD_05) Drawing SUB_ELEV (GBR_Hart Moor Substation_EPD_05) Drawing SUB_FP (GBR_Hart Moor Substation_EPD_05) all plans date received 17/10/2022 by the LPA. 6.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby A) No demolition/development shall take place/commence until a programme of archaeological work including a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and: 1. The programme and methodology of site investigation and recording; 2. The programme for post investigation assessment; 3. Provision to be made for analysis of the site investigation and recording; 4. Provision to be made for publication and dissemination of the analysis and records of the site investigation; 5. Provision to be made for archive deposition of the analysis and records of the site investigation; and 6. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation. B) No demolition/development shall take place other than in accordance with the Written Scheme of Investigation approved under condition (A).
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby C) The development shall not be operational or brought into use until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for https://www.gov.uk/planning-inspectorate 31
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby C) The development shall not be operational or brought into use until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for https://www.gov.uk/planning-inspectorate 31
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 analysis, publication and dissemination of results and archive deposition has been secured. 7. No development shall take place (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include the following: a) Measures to control surface water runoff during construction; b) Pre-works survey for badger; c) Measures to ensure mammals have a means of escape from any excavations left open over night; d) Reinstatement of short sections of hedgerow impacted by construction/access; and e) Avoidance of hedgerow removal during the bird breeding season, or pre- clearance checks by a suitably experienced ecologist. The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless any variation is otherwise agreed in writing by the Local Planning Authority. 8.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Prior to the commencement of works, a Construction Traffic Management Plan (CTMP) shall be submitted to and approved in writing by the Local Planning Authority, in consultation with National Highways. The CTMP shall be comprehensive and shall address the following matters: • Keeping pedestrians and vehicles apart; • Minimising vehicle movements; • Consideration of people on site; • Turning vehicles; • Visibility; and • Signs and instructions. Thereafter and following the written approval of the Local Planning Authority, the development shall be solely carried out in accordance with the CTMP. 9. Prior to above ground construction, final details of the external finishes to the development hereby approved shall be submitted to and approved by the Local Planning Authority, samples (or high-quality photographs) of the desired materials being provided for this purpose. The approved finishes shall be implemented and retained thereafter. 10. Notwithstanding the submitted details and prior to the laying of any hard surfaces, final details of proposed hard landscaping and surface finishes shall be submitted to and agreed in writing by the Local Planning Authority.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby This shall include all external finishing materials, finished levels, and all construction details, confirming materials, colours and finishes. Permeable surfacing shall be employed for hardstanding areas where possible to provide infiltration and additional attenuation storage. The agreed scheme shall be implemented prior to occupation of the proposed development and/or the site being open to the public. 11. Prior to the end of the first planting season following the following the completion of the development herby approved or first export of electricity https://www.gov.uk/planning-inspectorate 32
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby This shall include all external finishing materials, finished levels, and all construction details, confirming materials, colours and finishes. Permeable surfacing shall be employed for hardstanding areas where possible to provide infiltration and additional attenuation storage. The agreed scheme shall be implemented prior to occupation of the proposed development and/or the site being open to the public. 11. Prior to the end of the first planting season following the following the completion of the development herby approved or first export of electricity https://www.gov.uk/planning-inspectorate 32
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 whichever is the sooner, all planting, seeding or turfing comprised in the landscaping and tree and shrub planting hereby approved shall be implemented in accordance with the following plans and details; DRWG No: P20-2110.100 Rev D (Detailed Landscape Proposals) received by the Local Planning Authority on 1st February 2022. Thereafter the landscaping hereby approved shall be maintained in accordance with the agreed scheme, for the lifetime of the development hereby approved, unless otherwise agreed in writing with the Local Planning Authority. Any trees, plants or shrubs which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of the same size and species, unless the Local Planning Authority gives written consent to any variation. 12.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby The scheme for the disposal and management of surface water associated with the development hereby approved shall be carried out solely in accordance with the submitted ‘Drainage Strategy’, reference L474-DOC06 FRA Substation / June 2021 (date received by the Local Planning Authority 6th July 2021). The approved drainage system shall be implemented in accordance with the approved detailed design prior to completion of the development. The scheme shall demonstrate that the surface water drainage system(s) are designed in accordance with the standards detailed in the Tees Valley SuDS Design Guide and Local Standards (or any subsequent update or replacement for that document). 13. Construction operations shall only take place within the following hours: 07.30 to 19.00 Monday to Friday 0 7.30 to 12.00 Saturday No operations including the maintenance of machinery and plant shall take place outside of these hours or at any time on Bank, or other Public Holidays, save in cases of emergency when life, limb, or property are in danger. The Local Planning Authority shall be notified as soon as is practicable after the occurrence of any such operations or working. 14.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby A scheme for the restoration of the site, including the dismantling and removal of all elements, shall be submitted to and be approved in writing by the Local Planning Authority not later than 40 years from the date of first export of electricity. The approved scheme shall be carried out and completed within 6 months from the date that the planning permission hereby granted expires. 15. In the event the site does not export electricity to the grid for a continuous period of 12 months after the date of first export, a scheme of early decommissioning works (“the Early Decommissioning Scheme”) and ecological assessment report detailing site requirements in respect of retaining ecological features (“the Early Ecological Assessment Report”) shall be submitted no later than 3 months after the end of the 12 month non- electricity generating period to the local planning authority for its approval in writing. The Early Decommissioning Scheme and the Early Ecological Assessment Report shall be implemented in full thereafter. https://www.gov.uk/planning-inspectorate 33
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 16. Notwithstanding the submitted information and prior to any equipment, machinery or materials being brought onto the site for the purposes of the development hereby approved, a scheme for the protection and retention of the retained landscape features shall be first submitted to and agreed in writing with the Local Planning Authority. Thereafter and prior to any equipment, machinery or materials being brought onto the site for the purposes of the development, the agreed protection measures shall be implemented on site (and thereafter retained until the completion of the development). Nothing shall be stored or placed in any area fenced in accordance with this condition. Nor shall the ground levels within these areas be altered or any excavation be undertaken without the prior written approval of the Local Planning Authority. Any trees that are found to be dead, dying, severely damaged or diseased as a result of site works shall be replaced with trees of such size and species as may be specified in writing by the Local Planning Authority in the next available planting season. 17.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Notwithstanding the submitted information and prior to the commencement of development, details of the existing and proposed levels of the site including the finished floor levels of the buildings to be erected and any proposed mounding and/or earth retention measures shall be submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be carried out in accordance with the approved details. Appeal E 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 2. The Local Planning Authority shall be given at least seven days prior written notification of the date of commencement of the development. 3. The development hereby permitted shall cease on or before the expiry of a 40 year period from the date of first export of electricity. 4. The Local Planning Authority shall be given at least seven days prior written notification of the date of first export of electricity. 5. The development hereby approved shall be carried out in accordance with the plans and details: UK Hulam Castle Eden Cable Route_LP1-IDL_03 Site Location Plan, drawing P20-2110_05 Rev C, date received by the Local Planning Authority PA16/11/2021. 6.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby A) No demolition/development shall take place/commence until a programme of archaeological work including a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and: 1. The programme and methodology of site investigation and recording; https://www.gov.uk/planning-inspectorate 34
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby A) No demolition/development shall take place/commence until a programme of archaeological work including a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and: 1. The programme and methodology of site investigation and recording; https://www.gov.uk/planning-inspectorate 34
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 2. The programme for post investigation assessment; 3. Provision to be made for analysis of the site investigation and recording; 4. Provision to be made for publication and dissemination of the analysis and records of the site investigation; 5. Provision to be made for archive deposition of the analysis and records of the site investigation; and 6. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation. B) No demolition/development shall take place other than in accordance with the Written Scheme of Investigation approved under condition (A). C) The development shall not be operational or brought into use until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured. 7.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby No development shall take place (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the Local Planning Authority. The CEMP (Biodiversity) shall include the following: a) Risk assessment of potentially damaging construction activities. b) Identification of “biodiversity protection zones”. c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements). d) The location and timing of sensitive works to avoid harm to biodiversity features. e) The times during construction when specialist ecologists need to be present on site to oversee works. f) Responsible persons and lines of communication. g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person. h) Use of protective fences, exclusion barriers and warning signs. The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless any variation is otherwise agreed in writing by the Local Planning Authority. 8.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Prior to the commencement of development, a Construction Traffic Management Plan shall be submitted to and agreed in writing with the Local Planning Authority, to agree the routing of all HGVs movements associated with the construction phases, effectively control dust emissions from the site remediation and construction works, this shall address earth moving activities, control and treatment of stock piles, parking for use during construction and measures to protect any existing footpaths and verges, vehicle movements, wheel cleansing measures to reduce mud on highways, road sheeting of vehicles, offsite dust/odour monitoring, communication with local residents and measures to prevent the queuing of construction vehicles prior to the opening of the site. https://www.gov.uk/planning-inspectorate 35
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 9. Notwithstanding the submitted details, a detailed scheme of soft landscaping within the vicinity of the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority prior to the above ground construction of the development hereby approved. The scheme must specify sizes, types and species, indicate the proposed layout, include a programme of the works to be undertaken, and be implemented in accordance with the approved details and programme of works. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out prior to the end of the first planting season following the completion of the development hereby approved or first export of electricity whichever is the sooner. Any trees, plants or shrubs which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of the same size and species, unless the Local Planning Authority gives written consent to any variation. 10.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby The scheme for the disposal and management of surface water associated with the development hereby approved shall be carried out solely in accordance with the submitted ‘Flood Risk Assessment’, reference L474-DOC05 FRA Cable Route & Substation/June 2021 (date received by the Local Planning Authority 7th July 2021). The approved drainage system shall be implemented in accordance with the approved detailed design prior to completion of the development. The scheme shall demonstrate that the surface water drainage system(s) are designed in accordance with the standards detailed in the Tees Valley SuDS Design Guide and Local Standards (or any subsequent update or replacement for that document). 11. Construction operations shall only take place within the following hours: 07.30 to 19.00 Monday to Friday 0 7.30 to 12.00 Saturday No operations including the maintenance of machinery and plant shall take place outside of these hours or at any time on Bank, or other Public Holidays, save in cases of emergency when life, limb, or property are in danger. The Local Planning Authority shall be notified as soon as is practicable after the occurrence of any such operations or working. 12.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby All development related HGV movements, from the South of Hulam Solar Farm are to utilise the A19/B1281 interchange and return on the A19 South for further exit onto Bellows Burn Lane. All development related HGV movements leaving Hulam Solar Farm at the A19/Bellow Burn Lane junction are required to turn left and head south to further turn on to the A19/A171-B1280 interchange in order to head north and eliminate the need to use gaps in the central reservation. 13. A scheme for the restoration of the site, including the dismantling and removal of all elements, shall be submitted to and be approved in writing by the Local Planning Authority not later than 40 years from the date of first export of electricity. The approved scheme shall be carried out and completed within 6 months from the date that the planning permission hereby granted expires. https://www.gov.uk/planning-inspectorate 36
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 14. In the event the site does not export electricity to the grid for a continuous period of 12 months after the date of first export, a scheme of early decommissioning works (“the Early Decommissioning Scheme”) and ecological assessment report detailing site requirements in respect of retaining ecological features (“the Early Ecological Assessment Report”) shall be submitted no later than 3 months after the end of the 12 month non-electricity generating period to the local planning authority for its approval in writing. The Early Decommissioning Scheme and the Early Ecological Assessment Report shall be implemented in full thereafter. 15. Notwithstanding the submitted information and prior to any equipment, machinery or materials being brought onto the site for the purposes of the development hereby approved, a scheme for the protection and retention of the retained landscape features shall be first submitted to and agreed in writing with the Local Planning Authority.
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Thereafter and prior to any equipment, machinery or materials being brought onto the site for the purposes of the development, the agreed protection measures shall be implemented on site (and thereafter retained until the completion of the development). Nothing shall be stored or placed in any area fenced in accordance with this condition. Nor shall the ground levels within these areas be altered or any excavation be undertaken without the prior written approval of the Local Planning Authority. Any trees that are found to be dead, dying, severely damaged or diseased as a result of site works shall be replaced with trees of such size and species as may be specified in writing by the Local Planning Authority in the next available planting season. https://www.gov.uk/planning-inspectorate 37
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 ANNEX B – APPEARANCES AND DOCUMENTS FOR THE APPELLANT: Mr Hardy LLB(Hons), BCL(Hons) Instructed by Lightsource BP (Oxon) of CMS Cameron McKenna Nabarro Olswang LLP He called: Frances Horne CMLI Director, Pegasus Planning Group Nigel Cussen BSc(Hons), DipTRP, Senior Planning Director, Pegasus Group MRTPI Alex Smethers, BA(Hons), MSc, Senior Development Manager, Lightsource MRICS FAAV BP FOR DURHAM COUNTY COUNCIL: Mr Barrett of Counsel, instructed by Neil Carter, Solicitor, Durham County Council He called: Stephen Laws BA(Hons) DIPLA CMLI Glencamp Landscape Architects Gordon Halliday MA MPHIL MRTPI on behalf of Durham County Council FOR HARTLEPOOL BOROUGH COUNCIL: Mr Robson of Counsel, instructed by Hartlepool Borough Council He called: Stephen Laws BA(Hons) DIPLA CMLI Glencamp Landscape Architects Daniel James BA(Hons) MSc MRTPI Planning Team Leader, Hartlepool Borough Council INTERESTED PARTIES: Mrs Booth on behalf of Mr Irvine – local resident Mr Cowan - CPRE Durham and Durham Bird Club Mr Booth - local resident Ms N Perryman (MRTPI) – Acting on behalf of the following group of local
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby residents: Nicol, Neil and Susan Perryman, Alan Frost and Julie Bierton, Gary Thompson, Kenny and Paula Thompson, Katherine Hutchinson and Jeff and Martin Hutchinson https://www.gov.uk/planning-inspectorate 38
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby residents: Nicol, Neil and Susan Perryman, Alan Frost and Julie Bierton, Gary Thompson, Kenny and Paula Thompson, Katherine Hutchinson and Jeff and Martin Hutchinson https://www.gov.uk/planning-inspectorate 38
Land at Sheraton Hall Farm, Sheraton, Hartlepool, TS27 4RD — Durham County Council — Louise Crosby Appeal Decisions APP/X1355/W/22/3299829, APP/X1355/W/22/3299836, APP/H0724/W/22/3299842, APP/H0724/W/22/3299848, APP/H0724/W/22/3299857 DOCUMENTS Doc 1 - Plan P20-2238-012 Solar arrays Doc 2 - Plan P20-2238-10 Combined sites Doc 3 - P20-2238-13 Inspector’s Site Visit Itinerary Plan Doc 4 - Revised Site Visit Itinerary Doc 5 - Statement by Mr Irvine Doc 6 - The County Durham Landscape Strategy Doc 7 - Documents relating to the synchronous condenser application Ref: DM/22/01679/FPA Doc 8 - Hartlepool Borough Council Finance and Policy Committee Agenda of 25 April 2022 Doc 9 - Hartlepool Borough Council Finance and Policy Committee Minutes and Decision Record of 25.04.22 Doc 10 - Farm Tenancy Renewal Doc 11 - Draft Section 39 Agreement Doc 12 - Screening directions Doc 13 - Revised Statements of Common Ground DOCUMENTS SUBMITTED FOLLOWING THE ADJOURNMENT OF THE INQUIRY Doc 14 – Completed Section 39 Agreement Doc 15 – Schedules of conditions with tracked changes in relation to Appeals A & B Doc 16 – Schedules of conditions with tracked changes in relation to Appeals C, D & E https://www.gov.uk/planning-inspectorate 39
Main issues and findings
Character and appearance Against appellant ¶64-75
The inspector found that the development would have a moderate adverse impact on the visual amenity of local residents, but that this would be minor and localized.
Ecology and biodiversity For appellant ¶null
The inspector did not discuss this issue in detail.
Living conditions Against appellant ¶null
The inspector did not discuss this issue in detail.
Planning obligations For appellant ¶null
The inspector did not discuss this issue in detail.
Affordable housing Against appellant ¶null
The inspector did not discuss this issue in detail.
Policies relied on
| Reference | Weight |
|---|---|
| CDP Policy 33 |
Substantial |
| HLP Policy RUR1 |
Moderate |
Site constraints from the Casework Database
Source
Decision letter, 39 pages, issued by the Planning Inspectorate on 6 December 2023 under the Open Government Licence.