Agenda item

A report was presented on an application for the erection of a solar photo voltaic array (solar farm), 2 switchgear housings, a ring-main unit, 2.4m high security mesh fencing and integral connection to Preston Waste Water Treatment Works (WWTW) on a field adjacent to west side of Preston Waste Water Treatment Works, Clifton Marsh, off Lytham Road, Freckleton.

The report included the views of Fylde Borough Council, Freckleton Parish Council, Newton-with-Clifton Parish Council, LCC Highways Development Control, the Environment Agency, LCC Specialist Advisor (Ecology), LCC Specialist Advisor (Landscape), Natural England, the RSPB, Shell UK Ltd, the Health and Safety Executive, the Canal and River Trust, BAE Systems, Ministry of Defence Lands – Safeguardings, National Air Traffic Services, the Lancashire and Cheshire Fauna Society, and the Lancashire Wildlife Trust.

The Development Management Officer presented a PowerPoint presentation showing an aerial photograph of the site and the nearest residential properties. The committee was also shown an illustration of the site layout plan and photographs of the site from various viewpoints.

Mr Fearn, Director of Avian Ecology, addressed the committee on behalf of the applicant and raised the following summarised points in support of the application:

·  The development would generate electricity and allow Preston WWTW to reduce its reliance on electricity produced from fossil fuels.

·  The proposal would not have a detrimental impact on the natal feeding habitat of the Black-tailed Godwit. Once hatched, Black tailed Godwit chicks only visit the site sporadically.

·  The applicant had surveyed the site and undertaken extensive research.

·  The applicant is proposing a mitigation and enhancement area of 19.44 hectares and a retained natal feeding area of 3.7 hectares for the Black-tailed Godwit. 

·  BAE Systems has withdrawn its objection to the proposals on the understanding that the current mitigation measures will remain in place.

·  None of the applicant's other land holdings in and around the waste water treatment works are suitable and/ or available for a development of this size.

Officer's responded to questions raised by the Members in relation to impact of the proposed development on the Black-tailed Godwit habitat and the concerns raised by BAE Systems.

Following further debate, it was Moved and Seconded that:

"That the application be deferred to allow a further report to be presented to the next meeting of the Committee, setting out the conditions to the planning application".

On being put to the vote the Motion was Lost.

The Substantive Motion was then put the vote and it was: 

Resolved: That after first taking into consideration the environmental information and further information, as defined in the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 submitted in connection with the application, planning permission be refused for the following reasons:

1.  The proposed development would involve the loss of a substantial part of a Black-tailed Godwit natal feeding area that is functionally linked to the Newton Marsh SSSI, and in the absence of mitigation the development would therefore have a significant and unacceptable impact on the nature conservation interests of the SSSI.  The applicant's proposed mitigation measures for these impacts are not considered to be sufficiently robust and would carry a significant risk that they would not be successful. These impacts are sufficient to outweigh the benefits of theproposal in terms of the generation of electricity from renewable sources, and hence the proposal is contrary toParagraphs 109 and 118 of the NPPF, and Policies EP16 and EP19 of the Fylde Borough Local Plan.

2.  Insufficient information in the form of a Bird Management Plan and an updated Habitat Management Plan, has been submitted to enable Lancashire County Council, as the competent authority, to carry out the necessary assessment for the purposes of the Habitats Regulations and to conclude that the proposed development would not result in likely significant effects on qualifying interest bird species of the adjacent Ribble & Alt Estuaries SPA. In the absence of such information, the County Council cannot properly assess the ecological impacts of the development sufficient to discharge its duties under the Habitats Regulations and cannot conclude that the development would not harm the ecological interests of the adjacent Ribble & Alt Estuaries SPA contrary to Paragraphs 109 and 119 of the NPPF, and Policy EP15 of the Fylde Borough Local Plan.