Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Hearing held on 6 December 2022 Site visit made on 5 December 2022 by Ben Plenty BSc (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 6 February 2023 Appeal Ref: APP/W1525/W/22/3300222 Land east & west of A130 and north & south Of Canon Barns Road, East Hanningfield, Chelmsford, Essex CM3 8BD Easting:575325, Northing:198892 • 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 Low Carbon Solar Park 5 Limited against the decision of Chelmsford City Council. • The application Ref 21/00394/FUL, dated 22 February 2021, was refused by notice dated 9 December 2021. • The development proposed is the construction and operation of a solar farm and battery storage system together with all associated works, equipment and necessary infrastructure. Decision 1.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision The appeal is allowed and planning permission is granted for the Installation of a solar photovoltaic (PV) park generating up to 49.9 MW of electricity spread over three sites (sited either side of the A130/Canon Barns Road), comprising of ground-mounted photovoltaic solar arrays, battery-based electricity storage containers, together with inverters/transformer stations, Distribution Network Operator (DNO) Substation, customer substation/switchgear and meter kiosk, batteries, internal buried cabling and grid connection cables, internal access tracks, security fencing and gates and CCTV cameras, other ancillary infrastructure, landscaping and biodiversity enhancements at Land east & west of A130 and north & south Of Canon Barns Road, Chelmsford CM3 8BD, in accordance with the terms of the application, Ref 21/00394/FUL, dated 22 February 2021, and the plans submitted with it, subject to the schedule of attached conditions. Preliminary Matters 2. Since the Council’s refusal of the proposal, two nearby solar farms have received planning permission. The ‘Canon Barns site’1 is southeast of the appeal site, would generate 8 MW of electricity, and is within the Green Belt. The ‘Hill Farm site’2 is northeast of the appeal site.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision This will generate 36.7 MW of electricity and is adjacent to the Green Belt. These decisions are material considerations that I will take into account within this decision. 1 Planning Application Reference: 21/00502/FUL 2 Planning Application Reference: 21/00555/FUL https://www.gov.uk/planning-inspectorate

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision This will generate 36.7 MW of electricity and is adjacent to the Green Belt. These decisions are material considerations that I will take into account within this decision. 1 Planning Application Reference: 21/00502/FUL 2 Planning Application Reference: 21/00555/FUL https://www.gov.uk/planning-inspectorate

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Appeal Decision APP/W1525/W/22/3300222 3. A site visit was undertaken the day before the Hearing. During my visit I walked the site and its surroundings with a representative from the Council and the Appellant using a walking route agreed between main parties (Doc B). I therefore have a good awareness of the site and its surroundings. 4. A screening opinion, undertaken by the Council in accordance with the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 concluded that the proposal was not deemed to be EIA development. I see no reason, within the evidence, to disagree with this view. 5. At the Hearing I was handed three letters of objection from the Parish Councils of West Hanningfield and East Hanningfield and from Mr Malcolm Thomas, a local resident (Docs D, E and F). These raised a range of points, the majority of which were already matters discussed in previously submitted objections. Nevertheless, I decided to accept these and am satisfied that no party would be prejudiced by my taking these into consideration as part of the appeal evidence. 6.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision The description of development, found on both the Council’s Decision Notice and the appeal form, includes a more detailed description to that on the application form. The Appellant explains, at Section E of the appeal form, that the description was changed. As this has been agreed between main parties, and more accurately describes the scheme, I shall use the revised version in the permission. 7. Furthermore, since the refusal of the scheme the Appellant has continued discussions with UK Power Networks. As a result, the proposed 35 metre One Point of Connection Mast is no longer necessary. I understand that instead the development would be connected into the network at the point of an existing pylon. This has resulted in the submission of an amended plan, removing the mast. This alteration was discussed at the Hearing and has reduced the overall visual effect of the proposal, albeit to a small extent. Consequently, I have taken the revised plan into account without causing prejudice to any party. Background and Main Issues 8. The proposed development is located within the metropolitan Green Belt.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Section 13 of the National Planning Policy Framework (the Framework) establishes the national policy objective to protect the Green Belt. Paragraphs 149 and 150 define different types of development that would not be inappropriate development in the Green Belt. It is uncontested by main parties that the proposed solar farm would not comply with any such provisions. I see no reason, within the evidence or in matters discussed at the Hearing, to disagree with this assertion. The proposal would therefore be deemed to be inappropriate development in the Green Belt. 9. Paragraph 147 and 148 of the Framework state that inappropriate development in the Green Belt is, by definition, harmful and carries substantial weight. Such development should not be approved except in very special circumstances. It continues that very special circumstances will only exist if the harm to the Green Belt by its inappropriateness, and any other harm, would be clearly outweighed by other considerations. 10. Turning to a separate matter, during the course of the planning application consideration, the Council undertook an Appropriate Assessment to consider https://www.gov.uk/planning-inspectorate 2

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Appeal Decision APP/W1525/W/22/3300222 the effect of the proposed development on the Crouch and Roach Estuaries (Mid Essex Coast Phase 3) Special Protection Area (SPA). Following consultation with Natural England, the Council was content the impacts could be suitably addressed with mitigation secured by condition. Nevertheless, it is incumbent upon me, as the competent authority, to consider whether the proposal would be likely to have a significant effect on the integrity of the SPA. It is therefore still necessary to consider this matter as a main issue. 11.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Appeal Decision APP/W1525/W/22/3300222 the effect of the proposed development on the Crouch and Roach Estuaries (Mid Essex Coast Phase 3) Special Protection Area (SPA). Following consultation with Natural England, the Council was content the impacts could be suitably addressed with mitigation secured by condition. Nevertheless, it is incumbent upon me, as the competent authority, to consider whether the proposal would be likely to have a significant effect on the integrity of the SPA. It is therefore still necessary to consider this matter as a main issue. 11.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Accordingly, in consideration of the evidence, the main issues are: • The effect of the proposal on the openness of, and purposes of including land within, the Green Belt; • The effects of the development on the settings of the Grade II* listed building Church of St Mary and St Edward, and the Grade II listed building Church House and other non-designated heritage assets; • The effects of the proposed development on the landscape character and appearance of the area; • The effect of the proposal on agricultural land; • The effect of the development on the integrity of the SPA; and • Whether the harm caused by the proposal, by virtue of being inappropriate development in the Green Belt, and any other identified harm, would be clearly outweighed by other considerations to result in ‘Very Special Circumstances’ Reasons Green Belt - openness and purposes 12. The fundamental aim of the Green Belt is to prevent urban sprawl and keep land permanently open3. Openness has both visual and spatial qualities. The site consists of six fields. These are enclosed by tree and hedge boundaries, including some woodland areas, especially to the south of the main site.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision In terms of topography, the site is within gently undulating land with higher land to the south, north and centre of the site. The landform, and extent of field boundary screening, would reduce the overall visual effect of the proposal from wider views. 13. The site is currently farmland. From a spatial perspective, the proposed solar arrays would introduce substantial development into the area in terms of ground cover due to the quantity of arrays within the scheme. Furthermore, the associated access track, substation, inverter stations, fencing and CCTV facilities would result in additional built form that would further diminish the openness of the Green Belt spatially. 14. Nevertheless, the proposed solar arrays would be relatively modest in mass and footprint and would be spaced out at regular intervals reducing the overall scale of the development. Furthermore, the scheme would be in place for a temporary 40-year period. It would then be fully demounted, and land returned to its former condition, at the end of its use. As such, whilst 40 years is a long period of time, it is not permanent.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Therefore, the impact on the openness of the Green Belt would be reduced with the site ultimately reinstated to its 3 Paragraph 137 of the National Planning Policy Framework https://www.gov.uk/planning-inspectorate 3

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Therefore, the impact on the openness of the Green Belt would be reduced with the site ultimately reinstated to its 3 Paragraph 137 of the National Planning Policy Framework https://www.gov.uk/planning-inspectorate 3

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Appeal Decision APP/W1525/W/22/3300222 former open character. Consequently, both visually and spatially, the proposed development would result in moderate harm to the openness of the Green Belt. 15. Paragraph 138 of the Framework defines the five key purposes of the Green Belt. These are to check unrestricted sprawl of large built-up areas, prevent neighbouring towns merging, safeguard the countryside from encroachment, preserve the setting of historic towns and assist in urban regeneration (by encouraging the reuse of urban land). It was agreed between main parties at the Hearing that historic towns would be unaffected. Furthermore, despite the comments of the Council I am unconvinced that the proposal would contribute towards urban sprawl or towns merging as the site is not close to a built-up area. Nevertheless, the proposal could result in encroachment and would not contribute to the reuse of urban land. 16. In terms of encroachment, the proposed scheme would place a large number of solar arrays across six fields. Their operation would be supported by consumer units and a main compound.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Although maintaining some space between them, the arrays and associated equipment would fundamentally alter the appearance of the fields. These would alter from a sequence of open green spaces to accommodating solar equipment that would be interspersed with retained field boundaries. Such an effect would result in encroachment, in contradiction of a Green Belt purpose. 17. A further purpose of the Green Belt is to deflect new development towards previously developed land (PDL) to assist in urban regeneration. At the Hearing the Appellants stated that it would not be cost effective to locate such a use on PDL due to land values and rates of return. Accepting this I am also unconvinced that the reuse of PDL for such a scheme would secure the most efficient or optimum reuse of such land for a temporary period of time. Accordingly, the proposal would not be in conflict with this purpose of the Green Belt. 18. The proposal, as inappropriate development, would by definition harm the Green Belt. It would result in encroachment and moderate harm to the openness of the Green Belt in both visual and spatial terms.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Accordingly, the proposed development would conflict with policies DM6 and DM10 of the Chelmsford Local Plan (LP) and the Framework. These seek to resist inappropriate development and only allow engineering operations that would preserve openness and not conflict with the purposes of including land within the Green Belt. All harm to the Green Belt carries substantial weight. Heritage Assets 19. S66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that, when considering whether to grant planning permission for development which affects a listed building or its setting, special regard shall be had to the desirability of preserving the building or setting or any features of special architectural interest which it possesses. The Framework defines the setting of a heritage asset as the surroundings in which the asset is experienced. 20. The proposal has the capability to affect a range of designated and non- designated heritage assets found around the site. These are identified within https://www.gov.uk/planning-inspectorate 4

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Appeal Decision APP/W1525/W/22/3300222 the Appellant’s Heritage Assessment4 as including eight listed buildings and forty non-designated Heritage Assets (NDHAs). Four of these are identified as having an adverse effect on their settings. The setting of a heritage asset is not fixed and may change as the asset and its surroundings evolve. Guidance from Historic England explains that the extent and importance of setting is often expressed in visual terms but may also include other matters including our understanding of the historic relationship between places5. 21. The Church of St Mary and St Edward, a Grade II* listed building, is on the north side of Church Road set away from the highway, within West Hanningfield. It originates from the 12th century with 14th century additions including a timber frame belfry. It was also extended in the 18th and 19th centuries. The church consists of various facing materials providing an interesting if slightly eclectic appearance. Its significance derives from its intact historic fabric and the architectural interest of its unusual medieval belfry, and its spatial relationship with the surrounding village.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision It’s setting includes the surrounding agricultural land to the north and south and include it's approach from Church Road. 22. However, due to the recessed nature of the building from Church Road and the site’s relationship with surrounding built form, intervisibility between the listed building and its grounds and site would be highly restricted. Furthermore, whilst having a social and functional relationship with the surrounding countryside, there is nothing before me to indicate that the appeal site makes a specific or important contribution to its setting. As a result, the proposal would preserve the setting of this listed building and would not harm its significance. 23. Church House, a Grade II listed building, is a timber framed, plastered house that originates from the 18th century. It is a large two-storey dwelling with white rendered walls, clay roof tiles and brick stacks. It significance appears to derive from its relationship with the adjacent church, its use of traditional materials located within a rural setting. Views from the front of the dwelling, over Church Road, take in fields and parts of the appeal site. Field boundaries and rising topography screen most of the site.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Therefore, the site makes a limited contribution to the setting of the listed building. The proposal would also be largely screened from this vantage offering only distant views of the eastern part of the solar farm and boundary related features. The surrounding farmland contributes to its setting, but I am unconvinced that the appeal site itself makes a significant contribution to this. Due to the substantial separation distance, field boundary screening and topographical features, I am unconvinced that the proposal would result in any harm to the setting of Church House, which would accordingly preserve its significance. 24. The proposal would preserve the significance of the two identified listed buildings and would therefore accord with S66 of the Act. It would therefore comply with LP policy DM13, which requires proposed development within the setting of a listed building to not adversely affect its significance, including views to and from the building. 25. Cobb Cottage, a NDHA, was initially constructed as a pair of cottages in the C19 and has since been combined into one dwelling.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision It’s significance appears to derive from its former use as a pair of agricultural worker’s dwellings and being 4 Historic Environment Desk-Based Assessment, by AECOM, dated February 2021 5 Historic England – The Setting of Heritage Assets 2015 https://www.gov.uk/planning-inspectorate 5

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision It’s significance appears to derive from its former use as a pair of agricultural worker’s dwellings and being 4 Historic Environment Desk-Based Assessment, by AECOM, dated February 2021 5 Historic England – The Setting of Heritage Assets 2015 https://www.gov.uk/planning-inspectorate 5

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Appeal Decision APP/W1525/W/22/3300222 of a traditional agrarian style of farmstead. Its surrounding fields make a contribution to its setting as its rear elevation overlooks the surrounding open countryside. Views from this dwelling would be similar to those from Church House affording distant views of a small part of the proposal. Although nearer to the appeal site, than Church House, its significance is reduced. Accordingly, the setting of Cobb Cottage would only experience limited change, that would not affect the significance of this NDHA. 26. Hophedges, a NDHA, is a cottage adjacent to the north boundary of the site. It appears on the village map in 1840. It is a white render cottage with weatherboarding, decorative dormers and a central brick stack. Its significance appears to derive from its historic interest and traditional agrarian character within a countryside setting. The rear elevation of the dwelling is adjacent to a field with the appeal site including the adjacent field beyond. An access track is proposed beyond the boundary hedge, with solar arrays proposed in the far corner of this adjacent field, around 750 metres from the NDHA.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision The closest part of the appeal site therefore makes a small contribution to the setting of the NDHA being within its local context. Furthermore, occupiers of this dwelling would be likely to experience some views of the proposal from first floor windows, albeit over a significant distance. Due to the close proximity of the scheme to the NDHA, and its intervisibility, the proposal would result in harm to its setting during the construction and operation of the proposal, albeit limited. Accordingly, this change to the setting of the building would amount to harm at the lower end of such harm. 27. The Framework states that when considering harm to NDHAs a balanced judgement will be required having regard to the scale of any harm and the significance of the asset. The impact of the proposal would cause limited harm to the significance of a non-designated asset, being an asset of lower importance. The negligible harm conveyed to the NDHA would be offset by the separation distance to the track and operational site beyond, existing screening and the merits conveyed through the generation of renewable energy.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Accordingly, the proposal would also comply with LP policy DM14, where harm to the significance of a non-designated heritage asset, must be justified following a balanced judgement. Landscape and Visual Impact 28. Both main parties acknowledge that the proposal would result in harm to the character and appearance of the area. However, there is a distinction to be made between impact on landscape, which should be treated as a resource, and impact on visual amenity, which is the effect on people observing the development in places where it can be viewed, such as from roads, public rights of way and individual dwellings. Landscape character 29. The appeal site consists of six fields, the site and surrounding fields are used for a range of arable and pastoral purposes. The fields within the site are arranged in a cluster around the A130 and Canon Barns Road. Purely for convenience I shall refer to the various fields using the numbering convention found in the Appellant’s Zoning Layout Plan6 that refers to Development Zones (DZs). 6 drawing number LCS039-DZ-01 revision 10 https://www.gov.uk/planning-inspectorate 6

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Appeal Decision APP/W1525/W/22/3300222 30. The site includes one field to the east of the A130 (DZs 4 and 6) with the remainder of the site being to the west of this highway, in two similar sized parcels. These are to the north (DZs 1, 2, 3, and 5) and south (DZ 7) of Canon Barns Road. The site is bound partly along its western boundary by a row of electricity pylons, that generally follow a ridge line, and the Essex and Suffolk Waters Hanningfield Water Treatment Works. Also, the A130 follows a shallow valley floor alongside and through the site. Consequently, the site’s undulating landform includes a number of relatively substantial man-made interventions. 31. The site is within Natural England’s National Character Area 111: Northern Thames Basin, including woodlands, mixed farming and arable land. The site is also within the South Essex Farmlands area E1, within the County Council’s character assessment. This is defined as consisting of small to medium sized arable and pastoral fields where tall thick boundary hedges contribute to an enclosed character. It is notable that this also recognises that overhead pylons and major roads visually interrupt the landscape. 32.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision At a district level, the site is within the South Hanningfield Wooded Farmland: F117 in the Council’s Landscape Character Assessment. This area is described as consisting of undulating farmland of medium to large arable fields that include hedged field boundaries and wooded horizons. The site is also adjacent to the East Hanningfield Woodland Farmland character area: F12. This is defined as having large arable fields, pockets of pony and pasture paddocks and mature treed field boundaries. The appeal site appears to generally align with these character assessments, especially F11, and therefore makes a positive contribution towards the landscape character. 33. The pattern and arrangement of character area F11 form low-lying land with elevated ridges. This area is largely to the north and east of the site on gradually climbing land. The A130 passes through the landscape along embankments and cuttings, with the adjacent reservoir and its associated buildings and pylons adding to the features evident within the area. The proposed development would locate solar arrays within the existing field pattern. It would retain and enhance field boundaries, leaving most wooded areas.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision It would retain the structure of field boundaries and keep field patterns intact. As such, the proposal would have a largely non-invasive impact on the landscape features defined as important to the character areas. 34. The appeal site, whilst relatively extensive, represents only a small proportion of the national and county character areas. At a district level, the impact on the landscape would be greater, but as the existing natural features of the site would be largely retained and enhanced, the overall landscape effect would be limited. Furthermore, the solar arrays would be low-lying, open sided features that would be temporary in nature, limiting the overall effect on the wider landscape. However, the proposed development would alter the landscape with the introduction of industrial development and equipment across a relatively broad area. Therefore, this would result in some localised landscape harm. As a consequence, the scheme would result in a moderate adverse impact on the area’s landscape character. 7 Braintree, Brentwood, Chelmsford, Maldon and Uttlesford Landscape Character Assessment https://www.gov.uk/planning-inspectorate 7

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Appeal Decision APP/W1525/W/22/3300222 Visual Impact 35. Visual amenity relates to the direct visual impacts on receptors (people) rather than on the landscape. The Appellant’s visual assessment was undertaken in December when leaves from deciduous trees would have fallen, offering a ‘worst case scenario’ of views through the site, when the site would be at its most exposed. Equally, my visit was undertaken at a similar time of the year enabling a similar useful assessment of the visual effects of the proposal to be most appreciated. The Appellant’s Landscape and Visual Impact Assessment8 (LVIA) and it’s Addendum9 identify 33 viewpoints which assess the effect of the scheme on Visual Receptors (VRs). The viewpoints have been accepted by the council as being the most significant in understanding the visual effects of the proposal. These selected viewpoints provide only a snapshot of the site and would not necessarily reflect the experience of receptors walking through or around the site. 36. Figure 4 of the LVIA, shows the theoretical visibility of the scheme demonstrating that the majority of views outside the site would be from an arc from the northwest through to the east.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision In a southern arc around the site, from the west to the southeast, woodland and topography obscure most views. The LVIA considers the visual effects of the proposal both at year one and at year ten, the second assessment taking into account the growth of proposed landscape screening as it approaches maturity. 37. The general topography of the site, and its surroundings, provide screening from many wider views forming a degree of enclosure. Furthermore, man- made features also obscure some views of the site, such as by the embankments of Canon Barns Road and Church Road. The combination of these features would disaggregate and limit some views of the site. 38. The local roads and the A130 provide visual receptors from motorists that have a low sensitivity to change. Road users would primarily be paying due care and attention to other road users and hazards, taking in only limited glimpses of the site, resulting in only negligible adverse visual effect. Motorists of Southend Road (VR6a), Pan Lane (VR5) and Church Road (VR19 and VR21) would be travelling closer to the site and would have the opportunity to take in more of the area affected by development.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Nevertheless, such views would result in only a ‘minor adverse’ effect in the first year, leading to ‘negligible adverse’ effects (for VR6a, VR19 and VR21) and ‘neutral’ effects (VR5) at year ten. The view of the scheme from motorists would be largely fleeting and offer only partially glimpsed views of constrained sections of the arrays and equipment. As such, the visual impact on motorists would be of low magnitude, resulting in only ‘minor adverse’ and ‘neutral’ effects. 39. Views of the proposal, from the northwest of the site and West Hanningfield, would be limited. Viewpoint VR18, for users of the Public Right of Way (PRoW) 236_26 and for residents of West Hanningfield (VR18a), southeast views take in fields and hedgerow planting and a ridgeline to the east. These features would limit most views of the solar arrays and their associated equipment. These viewpoints would experience only a small portion of the solar arrays, the fencing and CCTV columns that would enclose, and be within, area DZ2. Once 8 Landscape and Visual Impact Assessment, by AECOM, February 2021 9 Landscape and Visual Impact Assessment, by AECOM, September 2021 https://www.gov.uk/planning-inspectorate 8

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Appeal Decision APP/W1525/W/22/3300222 the proposed hedgerow screening has developed, after 10 years, the effect of such views would move from ‘minor adverse’ to ‘negligible adverse’. 40. Views from VR26, on PRoW 236_36 looking southeast towards the site, would be similar to VR18 and VR18a, albeit closer to the site. These would also provide views of the edge of the solar array farm, only seeing those elements within area DZ2. This viewpoint would initially result in a ‘moderate adverse’ effect but would lessen over time. I am unconvinced that after 10 years this effect would remain ‘moderate adverse’. The substation would be discreet beyond the ridgeline, with only boundary fencing and CCTV columns being evident in the distance behind the established landscape screening. Consequently, the visual effect after this period would be ‘minor adverse’ only after 10 years. 41. VR20a considers the rear view for occupiers of Hophedges. The SoCG identified that this VR point was in dispute, but the Council withdrew its dispute at the Hearing, but raised concerns due to the visual effect of the use of the access track.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Vehicles using the access track would be infrequent based on the use of the site and as such the overall effect of the development on occupiers would be negligible. Accordingly, given the proximity and scale of existing tree and hedgerow screening views of the proposal from this vantage would be neutral. 42. Views from VR23 and VR24 look south towards the northern edge of the site, towards area DZ1. These take in viewpoints from walkers using PRoW 236_47. The addendum shows that these views would remain largely unchanged. The visual effect from these views would change from ‘minor adverse’ initially to ‘minor adverse’ and ‘negligible adverse’ effects respectively after 10 years. 43. The views from VR3 and VR3a, by users of PRoW 218_7 and occupiers of Hill Farm and Dunnock Cottage, are elevated and look down towards the site to the southwest. These take in the eastern and northern parts of the site in a wide context with the fields of Hill Farm and the A130 forming the fore ground and middle views respectively. Much of the development zones would be screened by field boundary landscaping and the bridge and road embankments of Church Road and Cano Barns Road where these cross the A130.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision The effect on the view to VRs would initially be ‘minor adverse’. With landscaping developing over future years this effect would reduce to ‘negligible adverse’ after ten years. Even if parts of the solar farm remained visible these would be likely to be seen as small parcels of development, interspersed by field boundaries and the established new landscaping, within distant views. The impact on these would therefore be ‘negligible’ after 10 years. 44. Walkers, cyclists and horse riders, among other slow moving road users, using local roads would be highly sensitive to change. However, such views would only experience small pockets of the proposal and would not provide a broad perception of most of the scheme. These views would also be partially obscured by topography and natural screening that would limit the overall visual effect of the scheme from ‘minor adverse’ in year one to ‘negligible’ in year ten. 45. The site is crossed by a number of public rights of way (PRoW). PRoW 218_12 runs through the north and south parcels of the site either side of Canon Barns Road. The PRoW of 236_36 comes into the site from the northwest and runs between DZ2.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Also, PRoW 218_15 connects to 236_36 and runs through the middle and side of the north parcels (DZs 1, 3 and 5). The PRoWs that cross the site cut through several fields and follow the perimeter of others within the https://www.gov.uk/planning-inspectorate 9

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Also, PRoW 218_15 connects to 236_36 and runs through the middle and side of the north parcels (DZs 1, 3 and 5). The PRoWs that cross the site cut through several fields and follow the perimeter of others within the https://www.gov.uk/planning-inspectorate 9

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Appeal Decision APP/W1525/W/22/3300222 site. Users of these routes through the site currently enjoy an open aspect over the countryside. However, PRoW 218_12 exits the site to the west runs alongside the waterworks between tall hedges. This is within a relatively narrow walkway in an enclosed route. 46. VR27, on PRoW 218_15, assesses the typical effect of the proposed development on walkers from inside the site. These would be highly sensitive to visual change. Views of the scheme, from the routes that cross through the site, would fundamentally change from the current outlook over open arable land. The effect on users would be ‘major adverse’ in the first year. However, the sense of enclosure would partially replicate the effect of other sections of this route. Therefore, whilst views from the PRoWs through the site would become more enclosed, the visual impact on users of the PRoWs would be reduced to ‘moderately adverse’ by year ten. 47. A fence up to 5 metres high alongside the A130, has been offered by the Appellant to remove the Council’s concerns with respect to glint and glare. In some viewpoints this would result in initial visual effects being diminished.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision The fence would screen the arrays, especially from views VR6 and VR7 from Southend Road. Accordingly, the proposed fence if deemed necessary, would moderate visual benefits of the proposal in screening some views. 48. Taking the above visual affects into account, most views of the proposal would be ‘minor’ or ‘negligible’ by year 10. Whilst the visual impacts of the proposal would be ‘major adverse’ from the PRoW from Visual Receptors through the site, these effects would be diminished to ‘minor adverse’ once the landscape screening has become established. Consequently, due to the arrangement of local topography the most adverse visual effects would be largely confined to localised effects only. Accordingly, taking all of the above impacts into consideration the visual impact of the proposal would result in moderate harm. Cumulative visual and landscape effects 49. The proposal would be close to the two recently approved solar farms at Canon Barns Road and Hill Farm. Table 4-A, of the addendum LVIA, considers the cumulative visual effects from these viewpoints. The addendum shows how the visual effect from two viewpoints, VR9 and VR29, would change in cumulative terms.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Viewpoint VR9, from Canon Barns Road, shows the eastern part of the scheme with the Hill Farm and Canon Barns sites having a ‘moderate adverse’ visual effect on this view. Viewpoint VR29, from Pans Lane, shows parts of the Hill Farm and Canon Barns sites but also illustrates that the proposed scheme itself would not be visible. 50. Accordingly, the LVIA demonstrates that the cumulative visual effects of all three sites would increase the visual effects of most views from ‘negligible’ impact to ‘minor adverse’. Consequently, in most wider views, the proposal would not materially contribute to a cumulative visual effect of these sites. Accordingly, the overall visual effects of all three sites would be limited and would not substantially increase the visual effect of the scheme from moderately harmful. 51. As has been found above, the proposal itself would only result in localised and a ‘moderate adverse’ effect on the landscape, for the 40-year duration of the proposed development. The cumulative effect of the development on the landscape, in combination with the two approved schemes, would be greater. https://www.gov.uk/planning-inspectorate 10

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Appeal Decision APP/W1525/W/22/3300222 Nevertheless, the combined effect, would only have a further limited adverse impact on the landscape character. Accordingly, the overall effect on the landscape character would remain as a ‘moderate adverse’ effect in this geographic context. 52. Consequently, despite its overall scale, the proposal would result in a ‘moderate adverse’ effect on the landscape character and moderate harm to the visual appearance of the area. In identifying harm, the proposal would conflict with LP policies DM6, DM10 and DM19, the Council’s Solar Farm SPD and the Framework. These seek, among other matters, for development to not result in an unacceptable visual impact which would be harmful to the character of the area and to protect valued landscapes, to which I attribute moderate weight in the planning balance. Effect on arable land 53. Paragraph 174(b), of the Framework, places value on recognising the intrinsic character and beauty of the countryside including the best and most versatile agricultural land. The Framework’s Glossary defines Best and Most versatile (BMV) agricultural land as being land in grades 1, 2 and 3a. Most of the site would not qualify as BMV by this categorisation.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Nevertheless, it is recognised that the site provides arable value. It would no longer be capable of providing such a function. Also, I recognise that the Appellant suggests that the site could be used for sheep grazing, but such an activity would be unlikely to fully offset the sites current capability for agricultural use. 54. The Appellant’s Agricultural Land Assessment has considered the range of crops that can be grown, the type and consistency of yield and the cost of producing the crop. This has found that the appeal site mainly consists of grade 3b agricultural land. Only a small parcel (of two hectares) was identified as being 3a agricultural land. The methodology and findings of the Assessment has not been disputed by the Council. 55. The PPG10 requires local planning authorities to aim to protect BMV agricultural land from significant, inappropriate or unsustainable development proposals. The Council’s Solar Farm SPD also advises that such development should first favour the use of previously developed land and arable land graded as 3b, 4 or 5.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Nevertheless, as the significant majority of the site does not meet a BMV classification, the loss of the small parcel of 3a graded arable land is attributed minor harm in the planning balance. Integrity of the SPA 56. Natural England identifies that the proposal could have potential significant effects on Crouch and Roach Estuaries (Mid Essex Phase 3) Special Protection Area (SPA) and Ramsar, Crouch and Roach Estuaries Site of Special Scientific Interest (SSSI) and Hanningfield Reservoir SSSI. 57. The site is around 4.7km from the SPA. This is a European Designated Site afforded protection under the Conservation of Habitats and Species Regulations 2017 as amended (the Habitats Regulations) and is a wetland of international importance. The Habitats Regulations impose a duty on me, as the competent authority, to consider whether the proposal would be likely to have a significant effect on the integrity of the SPA, either alone or in combination with other 10 Guide to assessing development proposals on agricultural land, 2021 https://www.gov.uk/planning-inspectorate 11

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Appeal Decision APP/W1525/W/22/3300222 plans and projects. In 2018, the Court of Justice of the European Union held that the decision maker, when considering the effect that a proposal may have on a European Site, must consider mitigation within the Framework of an Appropriate Assessment (AA), rather than at the screening stage11. 58. Evidence shows that the SPA is used by a large number of skylark and corn bunting birds. Wintering dark-bellied brent geese, black-tailed godwit, shelduck and shoveler birds also regularly visit the SPA in nationally important numbers. In addition, the mud along the Crouch and Roach is used by redshank and dunlin for feeding and as a roosting site for lapwing and golden plover. 59. The site is also around 250 metres from the Hanningfield Reservoir SSSI. Its main scientific interest derives from its breeding and wintering wildfowl including Gadwall, Pochard, Shoveler, Teal, Tufted Duck and Shelduck. 60. The Appellant’s Ornithological Survey12 Report demonstrates that 46 species of wintering birds and 51 species of breeding birds visit the site. This includes small numbers of little egret, skylark and black-headed gull which are waterbird species found within the SPA.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision The Ornithological Report has concluded that the distance between the SPA and the Site, the absence of wetland habitat on site and the abundance of similar farmland habitat between the sites indicates that the site is not especially important to the populations of these birds occurring within the SPA. These seem to be reasonable conclusions and although the proposal would affect the integrity of the SPA, this effect would be limited. 61. The Appellant’s Skylark Mitigation Strategy13 seeks to deliver long term habitats for the territories of skylark found on site, both during breeding and non-breeding seasons. These would include tightly mown plots, unmanaged grassland areas and cover-crops within the mitigation areas. This approach would ensure that the site would maintain a succession of occupation and productivity of the population of skylark as identified on site. The proposal would therefore minimise any direct impact on skylarks. 62. In assessment of the Council’s AA, Natural England has concluded that the integrity of the SPA14 would not be adversely affected subject to the proposed mitigation within the Ornithological survey and Skylark Mitigation Strategy. I see no reason to disagree with this conclusion.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Therefore, I am satisfied, based on the specific evidence before me, that a condition requiring the mitigation measures detailed in the surveys would prevent an adverse effect on the integrity of the SPA. 63. I therefore conclude through my AA that, with the provided mitigation, the proposal would not harm the integrity of the SPA and accord with the Habitat Regulations. I am also satisfied that the mitigation offered to address the adverse effects on the SPA and Ramsar site would mitigate the effects of development on the identified SSSIs. 11 People over Wind and Sweetman v Coillte Teoranta ECLI:EU:C:2018:244 12 AECOM Ornithological Survey Report, June 2021 13 Skylark Mitigation - Technical note, by AECOM, date 20 October 2021 14 Natural England letter dated 7 October 2021 https://www.gov.uk/planning-inspectorate 12

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Appeal Decision APP/W1525/W/22/3300222 Other matters Flooding 64. The Appellant’s Flood Risk Assessment15 identifies that most of the site is within flood zone 1. A small section is in flood zone 3a, alongside Sandon Brook, although no work is proposed within it. The Assessment finds that rainfall falling on solar panels would runoff at an angle and result in a small increase in post development run-off rates. To account for the extra volume a sustainable drainage system (SUDs) would be installed. The proposed drainage system would reduce current run-off rates from the site resulting in betterment over the existing drainage arrangements. 65. The County’s SUDs team raised no objection to the proposal subject to the provision of a sustainable urban drainage strategy. As such, despite the concerns raised by interested parties that the development would increase off- site flooding especially onto Church Road, I see no compelling evidence that any off-site flooding would be exacerbated by the proposal. Consequently, the scheme would accord with the requirements of LP policy DM18. Wildlife impacts 66. The fields within the appeal site are enclosed by hedgerows that include trees within the field boundaries.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision The hedgerows provide habitats for a diverse range of avian wildlife including hobby and barn owls and 12 priority bird species including skylark, thrush and yellow hammers. Whilst the hedgerows are considered to be a high value resource, the fields are of limited ecological interest being used as a combination of arable farmland and pastoral. The Appellant’s desk based Ecological Assessment16 and associated surveys conclude that the effects on wildlife would be limited, and these could be mitigated through the preparation of a landscape and ecological management plan and a construction environmental management plan, both of which could be secured by condition. 67. In terms of bats, a bat survey identified that certain trees on site could offer suitable habitat. As these trees are proposed for retention, bats species would not be affected by the proposal. In terms of badgers, the submitted survey has been considered by the Council’s ecologist and the required mitigation measures can be incorporated into an ecological management plan.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision A pond near Link House Farm has been found to include Great Crested Newts, a low impact class license would be required to be obtained from Natural England due to the proximity of this to the site. 68. The proposal includes new planting in the form of enhanced hedgerows both around the perimeter of the site, especially along the A130 corridor, and adjacent to the PRoWs that cross the site. The tree and species rich hedgerow planting, including reinforcement of existing hedging, would enhance the existing planting within the site and its wildlife value. Wild green grassland and new planting corridors would also be provided around the margins of the fenced area enhancing foraging routes. 15 Flood Risk Assessment and Drainage Strategy, by AECOM, dated February 2021 16 By Aecom, dated February 2021 https://www.gov.uk/planning-inspectorate 13

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Appeal Decision APP/W1525/W/22/3300222 69. The Bio-diversity Assessment17 concludes that the proposal would exceed the 10% bio-diversity net gain objective of upcoming legislation. The proposal would result in a loss of 33% river unit habitat, due to the encroachment of the access route into the 10m riparian zone of the Sandon Brook. Nevertheless, the access route could be partially adjusted when the final layout of the site is agreed by condition and the effect further reduced by habitat enhancement that could be secured by condition. Overall, the proposal would result in a net bio-diversity gain of around 82% habitat units and 29% hedgerow units which would be of significant benefit to the wildlife within the area. A condition for a landscape scheme could be used to determine compliance with the biodiversity net gain metric to ensure it would deliver and manage the calculated gains in perpetuity. 70. Interested parties have identified that the proposal would reduce routes through the site used by large mammals, such as deer. Large mammals, traversing the site, have not been identified as using the site through the ecological assessment and surveys undertaken.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision However, whether present or not, I am unconvinced that the site offers a particularly important route through the area. Furthermore, the proposal would retain the ability to accommodate some routes through the site for wildlife where within the landscape scheme that could be secured by planning condition. Highway safety 71. The proposal includes six access points, four of which would be from Canon Barns Road. These would be used for construction access and then post construction occasionally used for maintenance purposes. The access into the site from Church Road would be for emergencies and to access the substation. Church Road is a single carriageway road with a 60mph speed restriction and is unlit. It also has limited passing points but has no recorded collisions within the prescribed study period. Speed analysis data has shown that actual recorded speeds are around 48mph and the proposed visibility splays, at the access, would enable safe egress and access in this context. 72. The Appellant’s Transport Statement18 demonstrates that the proposal would generate a relatively low level of vehicular activity, with a nominal number of movements of four two-way vehicle trips a week.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision As such, due to the nature of the use, traffic associated with the operation of the facility would be light and infrequent. I am therefore satisfied that the use would operate without detriment to highway safety, a point supported by the County’s Highway Authority. Security matters 73. Essex Police has identified that solar farms, within other parts of the country, have been the target of theft19. The proposal would include security fencing and CCTV to attempt to protect the site and combat criminal activity. Interested parties have raised concerns that the proposal security measures would be ineffective to deter crime. Although recognising these concerns, there is no compelling evidence that the proposal would be especially vulnerable to theft, that the Appellants security measures would be ineffective or that the proposed 17 By Aecom, dated September 2021 18 Transport Statement, Low Carbon, February 2021 19 Essex Police – Design out Crime Team, Mr Stephen Armson-Smith, 22/03/21 https://www.gov.uk/planning-inspectorate 14

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Appeal Decision APP/W1525/W/22/3300222 scheme would raise criminal activity in the area. Furthermore, this could be suitably addressed though agreement of the specification of robust boundary treatment and CCTV coverage by planning condition. 74. The CCTV cameras would be a significant distance from the nearest residential properties. Consequently, I am unconvinced that these would be capable of substantive overlooking into private spaces. Furthermore, this matter could be further mitigated through a planning condition, with respect to camera views, if deemed necessary by the Council. 75. Other concerns raised by interested parties, such as the health effects of the production of solar panels and operation of solar farms, and its impact on local property values are noted but do not have a material bearing on the main issues associated with this appeal. Other Considerations Renewable energy 76. A material consideration in the determination of planning proposals for renewable energy are the National Policy Statements (NPS) for the delivery of major energy infrastructure. The NPSs recognise that large scale energy generating projects will inevitably have impacts, particularly if sited in rural areas.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision In September 2021, draft updates to the Overarching National Policy Statement for Energy (EN-1) and the National Policy Statement for Renewable Energy Infrastructure (EN-3) were published. 77. The draft NPS EN-3 states that: “solar farms are one of the most established renewable energy technologies in the UK and the cheapest form of electricity generation worldwide. Solar farms can be built quickly and, coupled with consistent reductions in the cost of materials and improvements in the efficiency of panels, large scale solar is now viable in some cases to deploy subsidy free and little to no extra cost to the consumer.” 78. Both the existing and proposed NPSs state that the NPSs can be a material consideration in decision making on applications that both exceed or sit under the thresholds for nationally significant projects. 79. The UK Government has declared a climate emergency and set a statutory target of achieving net zero emissions by 2050, and this is also a material consideration.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Since the declaration, the Sixth Assessment Report of the Intergovernmental Panel on Climate Change has indicated that there is a greater than 50% chance that global temperature increases will exceed 1.5 degrees Celsius above pre-industrial levels. The report indicates that delay in global action to address climate change will miss a rapidly narrowing window of opportunity to secure a liveable and sustainable future for all20. 80. The UK Energy White Paper, Powering our Net Zero Future (2020), describes the costs of inaction as follows: “We can expect to see severe impacts under 3°C of warming. Globally, the chances of there being a major heatwave in any given year would increase to about 79%, compared to a 5% chance now. Many regions of the world would 20 IPCC Sixth Assessment Report - Summary for Policymakers, paragraph D.5.3 https://www.gov.uk/planning-inspectorate 15

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Appeal Decision APP/W1525/W/22/3300222 see what is now considered a 1-in-100-year drought happening every two to five years. At 3°C of global warming, the UK is expected to be significantly affected, seeing sea level rise of up to 0.83 m. River flooding would cause twice as much economic damage and affect twice as many people, compared to today, while by 2050, up to 7,000 people could die every year due to heat, compared to approximately 2,000 today. And, without action now, we cannot rule out 4°C of warming by the end of the century, with real risks of higher warming than that. A warming of 4°C would increase the risk of passing thresholds that would result in large scale and irreversible changes to the global climate, including large-scale methane release from thawing permafrost and the collapse of the Atlantic Meridional Overturning Circulation. The loss of ice sheets could result in multi-metre rises in sea level on time scales of a century to millennia.” 81. The draft NSPs recognise that to meet the Government’s objectives and targets for net zero by 2050, significant large and small scale energy infrastructure is required.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision This includes the need to ‘dramatically increase the volume of energy supplied from low carbon sources’ and reduce the amount provided by fossil fuels. Solar and wind are recognised specifically in Draft EN-1 (para 3.3.21) as being the lowest cost way of generating electricity and that by 2050, secure, reliable, affordable, net zero energy systems are ‘likely to be composed predominantly of wind and solar’. The Government aims by 2030 to quadruple offshore wind capacity so as to generate more power than all homes use today. This would therefore be delivered in collaboration with solar energy, and other measures, to provide a robust supply. 82. Planning Practice Guidance (PPG), on renewable and low carbon energy, states that ‘there are no hard and fast rules about how suitable areas for renewable energy should be identified, but in considering locations, local planning authorities will need to ensure they take into account the requirements of the technology and critically, the potential impacts on the local environment, including from cumulative impacts.’21 83.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision The Framework explains that when dealing with planning applications, planning authorities should not require a developer to demonstrate a need for low carbon or renewable energy projects, and should recognise that even small- scale projects can help reduce greenhouse gas emissions. Paragraph 158(b) also explains that such schemes should be approved if any impacts are, or can be made, acceptable. Furthermore, it identifies once areas have been identified for such projects, by local authorities in local plans, any subsequent applications should demonstrate how they would meet the criteria used in identifying suitable locations. 84. The Council has not allocated any sites for renewable energy schemes in the district. However, it’s Solar Farm Development – Supplementary Planning Document-2021 (SPD) includes locational principles that guide its consideration of suitable sites. Paragraph 8.2 requires solar farms in the Green Belt to demonstrate very special circumstances and, among other matters, to not adversely impact on the identified character and beauty of the Rural Area.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Paragraph 5.5 reiterates guidance of the Framework in identifying that Very Special Circumstances may include wider environmental benefits associated with the production of energy from renewable sources. 21 PPG, Paragraph: 005 Reference ID: 5-005-20150618 https://www.gov.uk/planning-inspectorate 16

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Paragraph 5.5 reiterates guidance of the Framework in identifying that Very Special Circumstances may include wider environmental benefits associated with the production of energy from renewable sources. 21 PPG, Paragraph: 005 Reference ID: 5-005-20150618 https://www.gov.uk/planning-inspectorate 16

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Appeal Decision APP/W1525/W/22/3300222 85. The approved Cannon Barns site was allowed in the Green Belt. The Council found that the benefits of renewable energy would outweigh the harm to the openness of the Green Belt, the low level of ‘less than substantial’ harm to heritage assets and the modest harm to landscape character. Whilst each case must be considered on its own merits, this recent decision provides a useful insight into the weight the Council has applied in the past to renewable energy projects in the Green Belt. 86. The proposed solar farm is substantially larger than the Canon Barns site, with clear contextual differences. Nevertheless, it is plainly evident that a larger site, such as the current proposal that may have a greater impact, would also deliver a greater level of power output thus making a greater contribution towards the production of renewable energy. This benefit weighs strongly in favour of the scheme. Planning balance 87. I have concluded that the appeal scheme would result in harm to the Green Belt from inappropriateness and loss of openness, to which I afford substantial weight.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Furthermore, the proposal would also result in moderate harm to the landscape character and convey moderate visual harm to the area. The proposal would also convey limited harm to the loss of a small proportion of BMV arable land, attracting limited adverse weight. The limited harm identified to the NDHA would be outweighed by the public benefits of the proposal. Nevertheless, for the purpose of my overall planning balance this harm contributes to the adverse effects of the proposal. 88. The proposed scheme would not harm the integrity of the SPA, weighing neither for nor against the proposal. Furthermore, the other matters identified raise issues that either result in no harm or raise technical matters that could be adequately addressed through the imposition of appropriate conditions to negate the harm. 89. Conversely, the proposal would deliver a renewable energy facility that would create up to 49.9MW of power. This would provide power for around 16,581 households, result in a carbon dioxide displacement of around 11,210 tonnes per annum and therefore help combat climate change.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision The appeal site, whilst large is relatively unobtrusive, within a depression of land that prevents most wide views of the site to be experienced. The surrounding landscape also includes a range of man-made interventions. These features enable the area to accommodate a degree of change where other locally approved solar farms would contribute to the visual evolution of the appearance of the area. 90. The Framework identifies that many renewable energy projects in the Green Belt will comprise inappropriate development. In such cases, developers will need to demonstrate very special circumstances which could include the wider environmental benefits associated with the increased production of energy from renewable sources. Whilst this lends support for renewable projects in the Green Belt it does not confer an automatic approval of such schemes, where the effects of such development must take into account a broad range of issues in mind of the general presumption against inappropriate development and the resultant substantial harm conveyed to the Green Belt by this. https://www.gov.uk/planning-inspectorate 17

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Appeal Decision APP/W1525/W/22/3300222 91. The benefits of renewable energy raise substantial benefits in favour of the proposal. These benefits are recognised in the Council’s local policies and guidance and national policy in accordance with the Climate Change Act of 2008. It is also clearly identified, in Section 14 of the Framework, where it seeks to increase the use and supply of renewable and low-cost energy and to maximise the potential for suitable such development. The delivery of suitable renewable energy projects is fundamental to facilitate the country’s transition to a low carbon future in a changing climate. 92. Also, a solar farm requires grid capacity and a viable connection to operate. As such, this requirement places a locational restriction on site selection that limits the number of appropriate sites for such a facility. The Appellant explains that the national grid suffers capacity difficulties and limits suitable points of connection. The Appellant proposes to connect to the adjacent electrical pylons placing the site in an advantageous location satisfying the connection constraints that exist.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision The Appellant has therefore demonstrated that a rational approach was taken to site selection lending support for the selected site. 93. Accordingly, the public benefits of the proposal are of sufficient magnitude to outweigh the substantial harm found to the Green Belt and all other harm identified above. These benefits identified attract very substantial weight in favour of the scheme. In this context, the harm to the Green Belt would be clearly outweighed by the other considerations identified and therefore the very special circumstances necessary to justify the development exist. Accordingly, the proposal would satisfy the local and national Green Belt policies I have already outlined. Conditions 94. I have considered the use of conditions in line with the guidance set out in the PPG. I shall take the conditions within the agreed SoCG into consideration and impose these with some amendments and adjustments for clarity. 95. A number of conditions are necessary that relate to the submission of details prior to the commencement of development.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision These seek details relating to the specific placement of equipment on site, a landscape scheme, temporary fencing, arboricultural method statement, soil management plan, archaeological investigation and definition of exclusion zones, construction ecological management plan, construction traffic management plan and a surface water drainage strategy. I consider these pre-commencement conditions to be so fundamental to the development that it would have been otherwise necessary to refuse permission. These details are required at a pre- commencement stage as they relate to matters that may influence the configuration of equipment on site and relate to its initial setting out. 96. I have imposed the standard conditions with respect to timeframe and approved plans as advised by the PPG for clarity and certainty. Conditions are also necessary to determine the precise location of the equipment, grant only a temporary consent, establish a decommissioning strategy, decommissioning in the event of early closure of the facility and to require notification as to when power provision begins. These conditions would be required to manage the overall landscape impact of the development and comply with LP policy DM19. 97.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Conditions are necessary with respect to the provision of a landscape planting scheme, an ecological management plan, construction ecological plan, to https://www.gov.uk/planning-inspectorate 18

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Conditions are necessary with respect to the provision of a landscape planting scheme, an ecological management plan, construction ecological plan, to https://www.gov.uk/planning-inspectorate 18

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Appeal Decision APP/W1525/W/22/3300222 prevent the installation of external lighting, breeding bird mitigation and monitoring strategy and arboricultural method statement in the interests of the character and appearance of the area and to ensure the delivery of a net gain to Biodiversity. 98. It is necessary to require details of boundary treatment and the proposed CCTV system to ensure the proposed works integrate well with their surroundings. 99. During the Hearing the Council explained that is would also require a condition for temporary fencing to prevent glint and glare to motorists. I acknowledge that there is no clear evidence before me that clearly demonstrates that solar farms cause glint and glare that might contribute towards accidents. Nevertheless, the County Highway Engineer’s evidence illustrates that some motorists have stated, in accident reports, that dazzle was a distracting component. Therefore, despite the solar panels not being especially reflective, I find that a requirement for screening would be necessary due to the site’s proximity to the A130 and the extent of panels that would otherwise be visible from this vantage.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Appeal Decision Accordingly, this condition would be necessary in the interests of highway safety. 100. It is also necessary for the submission of a construction traffic management plan, site access point specifications and for hardstanding around the accesses to be hard bound, all in the interests of highway safety. Furthermore, conditions are necessary to satisfy the archaeological interests of the site and to define any localised exclusion zones in accordance with LP policy DM15. 101. It is also necessary for the provision of a surface water drainage strategy and its maintenance plan to ensure that a SUDs scheme is installed to mitigate against any flood risk. Furthermore, a condition would be required to ensure that a soil management plan is submitted to manage soil compaction, water runoff and drainage. Conclusion 102. For the above reasons, the appeal is allowed, and planning permission is granted subject to the conditions within the attached schedule.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty INSPECTOR https://www.gov.uk/planning-inspectorate 19

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty INSPECTOR https://www.gov.uk/planning-inspectorate 19

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty Appeal Decision APP/W1525/W/22/3300222 APPEARANCES For the Appellant; Thomas Smith - Technical Director, AECOM Richard Hammond - Landscape architect, AECOM Jonathan Hill - Associate Director, AECOM James Hartley-Bond - Low Carbon For the Council; Ruth Mabbutt - Senior Planning Officer, Chelmsford City Council Ryan Mills - Place, Essex County Council Sarah Hill-Saunders - Planning Officer, Chelmsford City Council Richard Mackrodt - Highway Engineer, Essex County Council Interested parties; Cllr Richard Poultner, for Bicknacre and East and West Hanningfield Ward Cllr Sue Dobson, for Bicknacre and East and West Hanningfield Ward Cllr Les Draper, East Hanningfield Parish Council Cllr Malcolm Thomas, East Hanningfield Parish Council (and acting as resident) Paul Galley, West Hanningfield Parish Council John Dunton, West Hanningfield Parish Council Mr and Mrs Hellings, residents Additional documents Doc A: Statement of Common Ground (signed version) Doc B: Viewpoint suggestions and plan for site visit walking route from main parties Doc C: Plan of Public Rights of Way Doc D: objection from West Hanningfield Parish Councils Doc E: objection from East Hanningfield Parish Councils Doc F: objection from Mr Malcolm Thomas, a local

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty resident Doc G: Attendance List https://www.gov.uk/planning-inspectorate 20

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty resident Doc G: Attendance List https://www.gov.uk/planning-inspectorate 20

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty Appeal Decision APP/W1525/W/22/3300222 Schedule of Conditions 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the approved plans and conditions listed on this decision notice: LCS039-SP-01_rev02 (Site Location Plan), LCS039-DZ-01_rev10 (Zoning Layout Plan), LCS-SD-11_rev02 (Panel Cross Section), LCS-SD-01_rev02 (DNO Substation Elevations and Dimensions Plan), LCS-SD-02_rev02 (Customer Substation Elevations and Dimensions Plan), LCS-SD- 03_rev01 (Indicative CCTV Post), LCS-SD-04_rev02 (Security Fence and CCTV Standard Detail), LCS-SD-08_rev02 (Inverter Elevations and Dimensions Plan), LCS-SD-01_rev01 (DNO Substation Floor Plan), LCS- SD-15_rev01 (Customer Substation Floor Plan), LCS-SD-16_rev01 (Inverter Floor Plan), LCS-SD-21_rev01 (53ft Battery Container (HVAC on roof) Standard Detail), LCS-SD-23_rev01 (POC Mast Compound), LCS-SD-25_rev01 (Meter Kiosk Standard Detail), LCS039-PLE-01_rev22 (Indicative Site Layout (amended post-decision), 60644715-ACM-LCSF-SD-DR-DS-000001 Rev P02 (Sandon Brook Solar Farm Outline Drainage Strategy).

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty 3) The planning permission hereby granted shall be limited to a period of 40 years commencing from the date electricity generated by the solar panels is first exported to the National Grid. At the end of this 40-year period, the development shall be removed, and the land restored to its previous agricultural use in accordance with details that shall have been previously submitted to and approved in writing by the Local Planning Authority. 4) Prior to their installation, full details of the final location, design and materials to be used for the: (a) panel arrays, (b) transformers, (c) inverters, (d) battery storage, (e) control room, (f) substations, (g) CCTV cameras, (h) fencing and gates, and (i) Any other auxiliary buildings. These details shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details and thereafter permanently maintained in the agreed form unless otherwise agreed in writing with the Local Planning Authority.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty 5) No later than six months prior to the expiry of the planning permission, or within six months of the cessation of electricity generation by this solar PV park, whichever is the sooner, a detailed scheme of works for the removal of the development (excluding the approved landscaping and biodiversity works) shall be submitted to and approved in writing by the Local Planning Authority (LPA). The scheme of works shall include the following: (a) a programme of works; (b) a method statement for the decommissioning and dismantling of all equipment and surfacing on site; (c) details of any items to be retained on site; (d) a method statement for restoring the land to agriculture; (e) timescale for the decommissioning, removal and reinstatement of the land; (f) a method statement for the disposal/recycling of redundant equipment/structures. The scheme of works shall be undertaken in accordance with the approved details and timescales. The operator shall notify the Local Planning Authority in writing within five working days following the cessation of electricity generation. https://www.gov.uk/planning-inspectorate 21

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty Appeal Decision APP/W1525/W/22/3300222 6) The applicant/developer shall notify the Local Planning Authority in writing within 10 working days of electricity being generated from the development being first exported to the National Grid. 7) If the solar farm ceases to export electricity to the grid for a continuous period of twelve months, a scheme shall be submitted to the Local Planning Authority for its written approval within three months from the end of the twelve-month period for the removal of the solar farm and associated equipment and the restoration of (that part of) the site to agricultural use. The approved scheme of restoration shall then be fully implemented within nine months of the written approval being given. 8) No construction or decommissioning works shall take place except between the following hours: 08:00 to 18:00 Monday to Friday, and 08:00 to 13:00 Saturday. No construction or decommissioning works shall take place at any time on Sunday or a Bank Holiday. 9) Prior to the commencement of development, a landscaping scheme containing details of both hard and soft landscape works shall be submitted to and approved in writing by the Local Planning Authority.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty Subsequently the works shall be carried out as approved prior to the first exportation to the National Grid, or in the first available planting season following such exportation and permanently retained and maintained in accordance with the agreed lifetime of the development. The details to be submitted shall include: (a) Hard surfacing including pathways and driveways, other hard landscape features and materials; (b) Existing trees, hedges or other soft features to be retained; (c) Planting plans including specifications of species, sizes, planting centres, number and percentage mix; (d) Details of planting or features to be provided to enhance the value of the development for biodiversity and wildlife; (e) compliance with the biodiversity net gain metric and (f) the continuation of unobstructed movement of species within the site. 10) A Landscape and Ecological Management Plan (LEMP) shall be submitted to and be approved in writing by the local planning authority prior to first exportation to the National Grid.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty The content of the LEMP shall include the following: (a) Description and evaluation of features to be managed; (b) Ecological trends and constraints on site that might influence management; (c) Aims and objectives of management; (d) Appropriate management options for achieving aims and objectives; (e) Prescriptions for management actions; (f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period); (g) Details of the body or organisation responsible for implementation of the plan; (h) Ongoing monitoring and remedial measures. The LEMP shall include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty https://www.gov.uk/planning-inspectorate 22

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty https://www.gov.uk/planning-inspectorate 22

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty Appeal Decision APP/W1525/W/22/3300222 11) Prior to their installation, details of boundary treatment and CCTV cameras shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the works shall be carried out as approved prior to first exportation to the National Grid and permanently retained and maintained in accordance with the agreed form subject to any such variation that has been previously agreed in writing with the Local Planning Authority. The details to be submitted shall include: (a) Details of the proposed treatment of all boundary fencing; and (b) Details of the CCTV cameras; (c) Whole perimeter fencing plan including provision for the ingress and egress of badgers and other small mammals. 12) Prior to the commencement of development, a scheme to deal with the provision of temporary boundary fencing to address glint and glare shall be submitted to and approved in writing by the Local Planning Authority. The temporary fencing should be installed to approximately 3 metres in height (or where necessary to a previously agreed greater height) and shall provide continuous unbroken screening, above the carriageway levels of the A130 and Southend Road.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty The fencing shall remain in place until the new planting and any additional planting to enhance the existing established planting has reached a minimum height of 3 metres (or greater), to be determined in writing with the Local Planning Authority. Prior to the removal of the temporary fencing, evidence shall be submitted to and approved in writing by the Local Planning Authority, which demonstrates the boundary landscaping has reached a height of 3 metres (or where necessary to a previously agreed greater height) and provides a continuous unbroken screen, above the carriageway levels of the A130 and Southend Road. In the event of an extraordinary event, where the temporary screening along the perimeter of the site, as shown on the detailed site layout plan secured under Condition 4, is partially or completely removed or destroyed, an Emergency Plan shall be provided prior to the commencement of the development that identifies: i. the procedure to install temporary screening, with associated construction management plan; ii. permanent remedial actions; iii. the party or party’s responsible; and iv.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty provision of any Traffic Management required to the A130 and Southend Road carriageways, as required by the LPA and the Highway Authority. Full details of the Emergency Plan will be agreed in writing with the Local Planning Authority and the Local Highway Authority prior to commencement. 13) In relation to tree protection, no works shall take place until an Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall only be carried out in accordance with the submitted Arboricultural Method Statement subject to such minor variations as may be agreed by the Local Planning Authority. The details to be submitted shall include: (a) Details of trees and hedges to be retained and removed; (b) Details of tree surgery work to retained trees; (c) Specification for tree protection including layout and type of tree protection for construction including change that may occur during development; (d) Location and installation of services, utilities and drainage; (e) Details of construction within the root protection area of retained trees; (f) Details of site access, https://www.gov.uk/planning-inspectorate 23

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty Appeal Decision APP/W1525/W/22/3300222 temporary parking, welfare facilities, loading and unloading, storage of equipment, materials, fuels and waste; (g) Boundary treatments within the root protection areas; (h) Arboricultural supervision and inspection, including timings, reporting of inspections and supervision; (i) Boundary treatments within the root protection areas, and (j) Arboricultural supervision and inspection, including timings, reporting of inspections and supervision. 14) Prior to first exportation to the National Grid, a wintering and farmland breeding bird mitigation and monitoring strategy, that includes reference to skylarks, shall be submitted to and approved in writing by the Local Planning Authority prior to the completion of the development. Thereafter, the works shall only proceed in accordance with the approved mitigation and monitoring strategy, subject to any minor variation that may be agreed in writing with the Local Planning Authority.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty The strategy shall include details of the following: (a) Purpose and conservation objectives for the proposed measures; (b) Detailed methodology for measures to be delivered; (c) Location of the proposed measures; and (d) the Mechanism for implementation and monitoring of delivery. The farmland bird mitigation strategy shall be implemented in the first nesting season following completion of the development and in accordance with the approved details or any such variation that has been previously agreed in writing by the Local Planning Authority and shall be delivered for a minimum period of 10 years from first implementation. 15) No work shall take place until a soil management plan has been submitted to, and approved in writing by, the local planning authority. Thereafter, the development shall be carried out in accordance with the approved details and thereafter permanently maintained in the agreed form unless otherwise agreed in writing with the Local Planning Authority. 16) No unbound material shall be used in the surface treatment of the vehicular access hereby permitted within 6 metres of the highway boundary.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty 17) Prior to their construction, details of the construction of the site accesses, visibility sight splays, dropped kerb vehicular crossings of the footway and details of surface water discharge from the highway, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the access points shall be constructed ready for use prior to first export to the National Grid in accordance with the approved details. The accesses shall be permanently retained in accordance with the agreed form at all times. 18) No development shall take place within the whole site until a programme of archaeological work has been secured and implemented, in accordance with a Written Scheme of Investigation which has been submitted to and approved in writing by the Local Planning Authority.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty The scheme of investigation shall include an assessment of significance and research questions; and: (a) The programme and methodology of site investigation and recording; (b) The programme for post investigation assessment; (c) Provision to be made for analysis of the site investigation and recording; (d) Provision to be made for publication and dissemination of the analysis and records of the site investigation; (e) Provision to be made for archive deposition of the analysis and records of the site https://www.gov.uk/planning-inspectorate 24

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty The scheme of investigation shall include an assessment of significance and research questions; and: (a) The programme and methodology of site investigation and recording; (b) The programme for post investigation assessment; (c) Provision to be made for analysis of the site investigation and recording; (d) Provision to be made for publication and dissemination of the analysis and records of the site investigation; (e) Provision to be made for archive deposition of the analysis and records of the site https://www.gov.uk/planning-inspectorate 24

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty Appeal Decision APP/W1525/W/22/3300222 investigation; (f) Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation; (g) The site investigation shall be completed prior to development, or in such other phased arrangement, as agreed and approved in writing by the Local Planning Authority. The solar farm shall not be brought into operation until the site investigation and post investigation assessment has been completed, submitted to and approved in writing by the Local Planning Authority, in accordance with the programme set out in the Written Scheme of Investigation, and the provision made for analysis, publication and dissemination of results and archive deposition. 19) Prior to commencement of the development a detailed site plan including Archaeological Exclusion Zones will be submitted to and approved by the Local Planning Authority.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty Following the approval and completion of the archaeological evaluation referred to in Condition 18 and prior to the commencement of development, a final detailed site layout plan with full details of the final locations, design and materials to be used for the panel arrays, inverters, customer switchgear, substations, CCTV cameras, fencing, foundations and cabling will be submitted for approval. Should the archaeological evaluation identify any significant archaeological deposits, the final detailed site layout plan will define Archaeological Exclusion Zones within which below and above ground development will be excluded or provide sufficient design mitigation including but not limited to the use of above ground cables, concrete shoes or other means to avoid any impact on archaeological deposits if required. The final detailed site layout plan shall be submitted to and approved in writing by the Local Planning Authority, in consultation with the County Council's Lead Archaeologist. Subsequently the development shall be carried out in accordance with the approved details.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty If there are archaeological areas to be preserved in situ, a management plan will be produced for any archaeological areas to be preserved in situ, setting out the methodology to secure the ongoing protection of these areas both during construction, operation and decommissioning of the solar farm. 20) 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 details for the control and management of noise and dust during the construction phase, and with respect to noise shall have due consideration of the guidance within BS 5228:2009+A1:2014. The CEMP will be adhered to by the contractor throughout the construction process.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty The CEMP 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 https://www.gov.uk/planning-inspectorate 25

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty The CEMP 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 https://www.gov.uk/planning-inspectorate 25

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty Appeal Decision APP/W1525/W/22/3300222 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; (i) Details for the control and management of noise and dust during the construction phase; and (j) Shall have due consideration of noise guidance contained within BS 5228:2009+A1:2014. The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority. 21) No development shall take place, including any ground works or demolition, until a Construction Traffic Management Plan has been submitted to, and approved in writing by, the local planning authority. The approved Plan shall be adhered to throughout the construction period. The Statement shall provide for: (a) Suitable construction vehicle routes for all construction vehicles, to be agreed with the Highway Authority; (b) The parking of vehicles of site operatives and visitors; (c) Loading and unloading of plant and materials iv.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty storage of plant and materials used in constructing the development; (d) Wheel and underbody washing facilities; (e) The location of the construction compound; and (f) Construction signage and traffic management measures. 22) No development shall commence until details of the strategy for the disposal of surface water on the site have been submitted to and approved in writing by the local planning authority (LPA). 23) Prior to first use of the development hereby permitted a detailed maintenance plan detailing the maintenance arrangements including who is responsible for different elements of the surface water drainage system and the maintenance activities/frequencies, has been submitted to and agreed, in writing, by the Local Planning Authority. It should additionally show that there is a regular and strict maintenance plan in place for the outfall to reduce the risk of blockage. Should any part be maintainable by a maintenance company, details of long-term funding arrangements should be provided.

Land east & west of A130 and north & south Of Canon Barns Road , East Hanningfield, Chelmsford, Essex , CM3 8BD — Chelmsford Borough Council — Ben Plenty 24) No external lighting, including lighting required for construction and decommissioning, shall be installed at the site until such time as a lighting strategy for biodiversity has been submitted to and approved in writing by the local planning authority. All external lighting shall be installed in accordance with the details agreed in the strategy and shall be maintained thereafter in accordance with the agreed details, subject to any such variation that may be agreed with the Local Planning Authority. No additional external lighting shall be installed without prior written consent from the local planning authority. End of conditions https://www.gov.uk/planning-inspectorate 26