Conditional planning permission has been granted by Waterford City & County Council for a proposed 141 hectare solar farm in Clonea Power.
The development by BNRG in the townlands of Bishopstown, Bridgetown, Ballyhest and Ballyneal is subject to 22 conditions.
The controversial proposal has resulted in a number of community meetings being staged in the local area throughout the past year in which various concerns were express by residents.
The development consists of photovoltaic panels on ground mounted steel frames with associated cabling and ducting; 28 no. single storey inverter stations; perimeter fencing; permeable gravel access track; 49 no. onsite pole mounted CCTV cameras; 4 no. new site accesses; 4 no. security gates; 3 no. temporary construction compound/material storage area; 3 no. temporary construction stage wheelwash systems (with overhead settlement tank); 6 no. temporary storage containers and all associated ancillary development services and works.
Conditions
1. The development permitted herein shall be carried out in accordance with plans and particulars submitted to the Planning Authority on 10th March 2023 except, where altered or amended by conditions in this permission.
Reason:
To clarify the documents to which the permission relates and for the proper planning and sustainable development of the area.
2. The period during which the development hereby permitted may be carried out shall be 10 years from the date of this permission.
Reason:
Having regard to the nature of the proposed development, it is considered reasonable and appropriate to specify a period of the permission is excess of five years.
3. (a)
The mitigation measures contained in the Natura Impact Statement which was submitted with the application and the Biodiversity Management Plan contained in Appendix J of the Planning and Environmental Considerations Report shall be implemented in full and shall be overseen by an Ecologist.
(b)
A Biodiversity Monitoring Report shall be submitted for review by the Planning Authority in Years 1, 3 and 5 post construction detailing effectiveness of measures and subject to the written agreement of the Planning Authority on amendment or intervention where required.
Reason:
In the interests of clarity, proper planning and sustainable development of the area and to ensure the protection of habitats.
4. All of the environmental, construction and ecological mitigation measures set out in the Planning and Environmental Considerations Report and other particulars submitted with the application shall be implemented by the developer in conjunction with the timelines set out therein, except as may otherwise be required to comply with the conditions of this permission.
Reason:
In the interests of clarity and the protection of the environment and amenities of the rural area during the construction and operational phases of the development.
5.
The permission shall be for a period of 40 years from the date of commissioning of the solar array. The solar array and related ancillary structures shall then be removed unless, prior to the end of the period, planning permission shall have been granted for their retention for a further period.
(b)
Prior to the commencement of development, a detailed restoration plan, including a timescale for its implementation, providing for the removal of the solar arrays, including all foundations, anchors, CCTV cameras, fencing to a specific timescale, shall be submitted to, and agreed in writing with, the planning authority.
(c)
On full or partial decommissioning of the solar farm, or if the solar farm ceases operation for a period of more than one year, the solar arrays, including foundations/anchors, and all associated equipment, shall be dismantled and removed permanently from the site. The site shall be restored in accordance with this plan and all decommissioned structures shall be removed within three months of decommissioning.
(d)
Prior to the commencement of development, the developer shall lodge with the Planning Authority a cash deposit, a bond of an insurance company or such other security to the value of €160,000 (one hundred and sixty thousand euro) to secure the satisfactory reinstatement of the site, coupled with an agreement empowering the Planning Authority
to apply such security or part thereof to the satisfactory completion of the reinstatement of the site, including all necessary demolition and removal.
Reason:
To enable the planning authority to review the operation of the solar farm having regard to the changes in technology and design during this period and to ensure the satisfactory reinstatement of the site,
6. (a)
The 2 no. entrances onto the regional road illustrated on submitted Site Entrance Drawings shall be provided on a temporary basis only to facilitate access during the construction phase of the development permitted herein. Upon completion of the construction works, the entrances shall be permanently closed up. Prior to the commencement of development, a revised site layout shall be submitted to and agreed in writing with the planning authority indicating the closure of the entrances and roadside boundary reinstatement.
(b)
Prior to the commencement of any development a revised site layout shall be submitted providing for 2 no. entrances onto the local road (L7064), the location of which shall be agreed in writing with the Roads Section and details submitted to the planning authority.
(c)
Entrances to be constructed so that surface water is not allowed to flow onto the public roadway.
(d)
A culvert pipe shall be constructed across and under the entrance where, deemed necessary by the District Engineer and to the specification of the District Engineer, prior to the commencement of development.
Public roadside drainage arrangements shall be installed and maintained by the developer to the satisfaction of the District Engineer.
Prior to the commencement of development, a letter of agreement, signed by the District Engineer shall be submitted to, and agreed in writing with, the Planning Authority indicating compliance with conditions (b), (c) and (d) above.
(g)
The entrance(s) onto the L6074 as agreed in accordance with Condition 6(b) shall be located such that clear and unobstructed sight lines are available from a point 2.4 metres back from the nearside edge of the roadway at the centre of the entrance to a point to the left and right on the nearer edge of the major road running carriageway (which includes the hard shoulder) for a distance of 55 metres. The appropriate eye (1.05 metres and 2.0 metres) and object heights of 0.26 metres & 2.0 metres respectively, above the road surface, shall be used. The road boundary fence shall be set back behind the sightlines so as to accommodate this requirement.
Reason:
In the interests of traffic safety
7. The site crossings onto the local road as indicated on Site Master Plan shall be used to facilitate access within the site during construction and operational stages and shall not be used for direct access and egress purposes from the L7064.
Reason:
In the interests of traffic safety
8. The Construction Stage Traffic Management Plan shall be subject to final written agreement with the District Engineer and the Planning Authority prior to the commencement of any development on site.
Reason:
In the interests of traffic safety and to ensure a satisfactory standard of development.
9. (a)
No artificial lighting shall be installed or operated on site unless authorized by a prior grant of planning permission.
(b)
CCTV cameras shall be fixed and angled to face into the site and shall not be directed towards adjoining property or the public road.
(c)
Cables within the site shall be located underground. Provision of ducting/cable crossings under the public road shall be subject to a Road Opening Licence.
(d)
The inverter/transformer stations shall be dark green in colour. The external walls of the storage containers shall be finished in a neutral colour such as light grey or off-white and the roof shall be black slate or tiles.
Reason:
In the interests of clarity, visual and residential amenity
10. Mammal access gates shall be designed in accordance with standard guidelines for provision of mammal access (NRA 2008) and shall otherwise be in accordance with the submitted Biodiversity Management Plan.
Reason:
To allow wildlife to continue to have access across the site, in the interests of biodiversity protection.
11. (a)
The applicant is required to engage the services of a suitably qualified archaeologist to carry out a geophysical survey and archaeological testing associated with the development (licensed under the National Monuments Acts 1930-2014). The archaeologist shall assess and monitor all preparatory works and all site development works.
(b)
Should archaeological material/features be found during the course of monitoring, the archaeologist may have work on the site stopped pending a decision regarding the appropriate treatment of the archaeology. The developer shall be prepared to be advised by the National Monuments Service section of the Department of Housing, Local Government and Heritage and the Planning Authority with regard to any necessary mitigating action (e.g. preservation in situ, and/or excavation). The applicant shall facilitate the archaeologist in recording any material found. All resulting and associated archaeological costs shall be borne by the developer.
The Planning Authority and the Department of Housing, Local Government and Heritage shall be furnished with a report describing the results of the geophysical survey and archaeological testing and any subsequent investigative work, following the completion of all archaeological work on site and post excavation specialist reports.
Reason:
To ensure the continued preservation (either in situ or by record) of places, caves, sites, features or other objects of archaeological interest
12. The applicant shall appoint a suitably qualified ecologist to monitor and ensure that all avoidance/mitigation measures relating to the protection of flora and fauna are carried out in accordance with best ecological practice and to liaise with consultants, the site contractor, the NPWS and Inland Fisheries Ireland. A report on the implementation of these measures shall be submitted to the planning authority and retained on file as a matter of public record.
Reason:
To protect the environmental and natural heritage of the area.
13. Water supply and drainage arrangements, including the management and disposal of surface water, shall comply with the requirements of the planning authority for such works and services.
Reason:
In the interests of public health.
14. (a)
The construction of the development shall be managed in accordance with the submitted Construction Environmental Management Plan and the Construction Traffic Management Plan save where amended by a condition herein.
(b)
Prior to the commencement of development, details of on-site car parking facilities for site workers during the course of construction shall be agreed in writing with the planning authority. No parking shall be allowed on public roads or outside designated areas save within permitted construction compounds.
(c)
A record of daily checks that the works are being undertaken in accordance with Construction Management Plans shall be kept for inspection by the planning authority.
(d)
Any damage to the public road caused by construction traffic shall be made good by the developer to the satisfaction of the Local Authority.
Reason:
In the interests of amenities, public health and safety.
15. Construction activity shall be limited to the hours of 07.00 to 19.00 hours Monday to Friday and 08.00 to 14.00 Saturday. No machinery shall be operated outside these times, including for deliveries, without the agreement of the Planning Authority. In the event that pumps or generators are required to operate outside these hours, their location shall be agreed with the Planning Authority and shall minmise the noise impact on any adjacent noise sensitive receptors.
Reason:
In the interests of residential amenity
16. The developer shall undertake, if requested by the planning authority, during the construction phase of the development, dust monitoring twice annually, during the period May to September at 2 locations adjacent to nearby sensitive receptors. The dust monitoring points shall be agreed with the environment section prior to the dust monitoring taking place taking into consideration the areas of the site works are occurring in, materials being stored etc. The dust monitoring shall be undertaken by the Standard method VD12119 (Measurement of Dustfall, Determination of Dustfall using Bergerhoff Instrument (Standard Method) German Engineering Institute). A limit of 350mg/m2/day shall apply.
Reason:
In the interests of residential amenity, proper planning and sustainable development.
17. Prior to the commencement of development, the developer or any agent acting on its behalf shall prepare a Construction and Demolition Resource Waste Management Plan (RWMP) as set out in the Best Practice Guidelines for the Preparation of Resource and Waste Management Plans for C&D Projects (2021) including demonstration of proposals to adhere to best practice and protocols. The RWMP shall include specific proposals as to how the RWMP will be measured and monitored for effectiveness; these details shall be placed on the file and retained as part of the public record. The RWMP must be submitted to the planning authority for written agreement prior to the commencement of development. All records (including for waste and all resources) pursuant to the agreed RWMP shall be made available for inspection at the site office at all times.
Reason:
In the interests of environmental protection
18. All road surfaces, culverts, watercourses, verges and public lands shall be protected during construction and, in the case of any damage occurring, shall be reinstated to the satisfaction of the planning authority. Prior to the commencement of development, a road condition survey shall be taken to provide a basis for reinstatement works. Details in this regard shall
be submitted to and agreed in writing with the planning authority prior to the commencement of development.
Reason:
In order to ensure a satisfactory standard of development
19. (a)
All existing and new site boundaries shall be planted with naturalized species only.
(b)
The site shall otherwise be landscaped in accordance with submitted Landscape Mitigation Plan contained in Appendix O of the submitted Planning and Environmental Considerations Report.
Reason:
In the interests of visual and rural amenity
20. A schedule of landscape maintenance shall be submitted to, and agreed in writing with, the planning authority prior to the commencement of development. The schedule shall cover a period of at least five years and shall include details of the arrangements for its implementation.
Reason:
To provide for the satisfactory future maintenance of this development in the interests of visual amenity
21. (a)
During the operational phase of the proposed development, the noise level arising from the development as measured at the nearest noise sensitive location shall not exceed:
An LAeqT value of 55 dB(A) during the period 0800 to 2000 hours from Monday to Saturday inclusive. [The T value shall be one hour].
(ii) An LAeqT value of 45 dB(A) at any other time. [The T value shall be 15 minutes]. The noise at such time shall not contain a tonal component.
At no time shall be noise generated on site result in an increase in noise level of more than 10 dB(A) above background levels at the boundary of the site.
(b)
All sound measurement shall be carried out in accordance with the ISO Recommendation 1996 "Assessment of Noise with respect to Community Response" as amended by ISO Recommendations 1, 2 or 3 "Description and Measurement of Environmental Noise" as applicable.
Reason:
To protect the amenities of property in the vicinity of the site.
22. The developer shall pay to the Planning Authority a financial contribution of €600,000 (six hundred thousand euro) in respect of public infrastructure and facilities benefiting development in the area of the Planning Authority that is provided or intended to be provided
by or on behalf of the authority in accordance with the terms of the Development Contribution Scheme made under Section 48 of the Planning and Development Act 2000. The relevant Development Contribution Scheme was adopted by Waterford City & County Council on 9th February 2023. The contribution shall be paid prior to the commencement of development.
Drainage & Transportation 360,000.00
Community, Recreation & Amenity 240,000.00
Total Contributions 600,000.00
Reason:
It is a requirement of the Planning and Development Act 2000 that a condition requiring a contribution in accordance with the Development Contribution Scheme made under Section 48 of the Act be applied to the permission.
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