Description
Variation of conditions 2 (Site Location and Development Zones Plan), 4 (Details and Layout of Proposed Infrastructure), 5 (Landscape Specification Plan), 6 (Landscape Maintenance and Management Plan), 7 (Arboricultural Method Statement ), 8 (Construction Environmental Management Plan-Biodiversity), 9 (Biodiversity Enhancement Plan), 10 (Ecological Buffer Zones), 11 (Archaeological Field Evaluation), 12 (Written Scheme of Investigation), 13 (Programme of Archaeological Evaluation), 14 (Construction Traffic Management Plan), 15 (Detailed Surface Drainage Scheme) and 18 (Flood Risk Assessment) pursuant to planning permission reference P20/S3245/FUL.
(The construction and operation of a solar photovoltaic farm and associated infrastructure, including inverters, substation compound, security cameras, fencing, access tracks and landscaping).
(As updated by plans and documents received 23 October 2024, 25 February 2025, 14 March 2025, 04 April 2025, 13 May 2025 and 27 June 2025.)
Conditions / Refusal Reasons
Commencement has begun
The development hereby approved shall be carried out in accordance with the details shown on the following approved plans, SP-01 Rev 01 and DZ-01 Rev 10, except as controlled or modified by conditions of this permission.
Reason: To secure the proper planning of the area in accordance with Development Plan policies.
The permission shall expire no later than 40 years from the date when electricity is first exported from any part of the array to the electricity grid network ('First Export Date'). Written confirmation of the First Export Date shall be provided to the Local Planning Authority no later than one calendar month after the event.
Reason: Because of the temporary nature of the development and in order to safeguard the amenities of the area and protect the rural character of the area in accordance with Policies ENV1, DES1 and DES9 of the South Oxfordshire Local Plan 2035.
The development hereby approved shall be carried out in accordance with the details of the final locations, design and materials shown on plans listed below and materials detailed within Appendix 2 of the Cover Letter produced by DWD dated October 2024.
PLE-05 Rev 09 - Site Layout Plan
SD-39.1 Rev 01 - Solar Panel Elevation
SD-34.1 Rev 01 - Inverter Station (Front, Rear and Top View)
SD-35.1 Rev 01 - Inverter Station (Side Views)
SD-02.1 Rev 03 - Customer Substation Elevations and Dimension Plan
SD-01 Rev 01 - Substation Compound Plan
SD-05 Rev 02 - DNO Elevation Substation Drawings
SD-06 Rev 02 - Customer Control Room Elevation Drawings
SD-04.1 Rev 03 - Security Fence and CCTV Standard Detail
SD-06.2 Rev 02 - Access Track
SD-04 Rev 01 - DNO Access Track Cross Section
SD-36- Rev 02 - O & M Building
SD-33 Rev 02 - Spare Parts Container
Reason: To ensure the development is carried out in accordance with the application submission and in a manner which minimises the visual impact on the character of the rural area in accordance with Policy ENV1 of the South Oxfordshire Local Plan 2035.
The landscaping scheme, as shown on drawing LS01 Rev E - Landscape Specification, shall be implemented by no later than the first planting season following the First Export Date and thereafter be maintained in accordance with the approved scheme. In the event of any of the trees or shrubs so planted dying or being seriously damaged or destroyed within 5 years of the completion of the development, a new tree or shrub or equivalent number of trees or shrubs, as the case may be, of a species first approved by the Local Planning Authority, shall be planted and properly maintained in a position or positions first approved in writing by the Local Planning Authority.
Reason: To help to assimilate the development into its surroundings in accordance with Policies ENV1 and DES1 of the South Oxfordshire Local Plan 2035.
The soft landscaping works shall be managed and maintained in accordance with the Viento Environmental Limited Landscape Maintenance and Management Plan Rev C (dated May 2025) for a minimum period of 20 years.
Reason: To help to assimilate the development into its surroundings in accordance with Policies ENV1 and DES1 of the South Oxfordshire Local Plan 2035.
Any site works or operations relating to the development hereby approved shall be carried out in accordance with the Barton Hyett Associates Arboricultural Method Statement Rev D (dated May 2024).
Reason: To safeguard trees which are visually important in accordance with Policy ENV1 of the South Oxfordshire Local Plan 2035.
The development hereby approved shall be carried out in accordance with the Tyler Grange Construction Environmental Management Plan: Biodiversity (dated September 2024).
Reason: To minimise the impacts of development on biodiversity, in accordance with Policies ENV2 and ENV3 of the South Oxfordshire Local Plan 2035.
The development hereby approved shall be carried out in accordance with the Tyler Grange Biodiversity Enhancement Plan (dated September 2024).
The biodiversity enhancement measures shall be developed on site and managed in accordance with the approved details, and thereafter be maintained in accordance with the approved scheme.
Reason: To secure net gains for biodiversity, in accordance with Policies ENV2 and ENV3 of the South Oxfordshire Local Plan 2035.
The development hereby approved shall be carried out in accordance with the Tyler Grange Haseley Brook Buffer Zone Management Plan (dated February 2025).
Reason: To protect the quality and function of the watercourse, in accordance with Policy ENV4 of the South Oxfordshire Local Plan 2035.
Archaeology Field Evaluation approved P23/S1083/DIS.
Written Scheme of Investigation approved P23/S0173/DIS.
Following the approval of the Wessex Archaeology Written Scheme of Investigation (dated January 2023) under application reference P23/S0173/DIS, no below ground development shall take place within the four areas identified as being sensitive without the appointed archaeologist being present. Once the watching brief has been completed its findings shall be reported to the Local Planning Authority, as agreed in the Written Scheme of Investigation, including all processing, research and analysis necessary to produce an accessible and useable archive and a full report for publication which shall be submitted to the Local Planning Authority within two years of the completion of the archaeological fieldwork.
Reason: To safeguard the identification, recording, analysis and archiving of heritage assets before they are lost and to advance understanding of the heritage assets in their wider context through publication and dissemination of the evidence in accordance with Policy ENV9 of the South Oxfordshire Local Plan 2035.
The development hereby approved shall be carried out in accordance with the Mott Macdonald Construction Traffic Management Plan (dated November 2022) with associated addendum (dated September 2024).
Reason: In the interests of highway safety and to mitigate the impact of construction vehicles on the surrounding highway network, road infrastructure and local residents, particularly at morning and afternoon peak traffic times and in accordance with Policy T1 of the South Oxfordshire Local Plan 2011.
The development hereby approved shall be carried out in accordance with the PFA Consulting Discharge of Planning Condition 15 document (dated October 2024). The development shall not be brought into use until the surface drainage works to serve the development have been carried out and completed in accordance with this document.
Reason: To ensure the proper provision of surface water drainage and to ensure flooding is not exacerbated in the locality in accordance with Policy EP4 of the South Oxfordshire Local Plan 2035.
No development hereby permitted shall take place except in accordance with the terms and conditions of the Council's Organisational Licence (WML-OR150, or a 'Further Licence') and with the proposals detailed on plan "Harlesford Farm: Impact plan for great crested newt District Licensing (Version 6)", dated 10th June 2025.
Reason: In order to ensure that adverse impacts on great crested newts are adequately mitigated and to ensure that site works are delivered in full compliance with the Organisational Licence (WMLOR150, or a 'Further Licence'), section 15 of the National Planning Policy Framework, Circular 06/2005, the Natural Environment and Rural Communities Act 2006 and Policies ENV2 and ENV3 of the South Oxfordshire Local Plan 2035.
No development hereby permitted shall take place except in accordance with Part 1 of the Great Crested Newt Mitigation Principles, as set out in the District Licence (WML-OR150, or a 'Further Licence') and in addition in compliance with the following:
- Works to existing ponds onsite may only be undertaken during autumn/winter, unless otherwise in accordance with the Great Crested Newt Mitigation Principles.
- Works which will affect likely newt hibernacula may only be undertaken during the active period for amphibians.
- Capture methods must be used at suitable habitat features prior to the commencement of the development (i.e., hand/destructive/night searches), which may include the use of temporary amphibian fencing, to prevent newts moving onto a development site from adjacent suitable habitat, installed for the period of the development (and removed upon completion of the development).
- Amphibian fencing and pitfall trapping must be undertaken at suitable habitats and features, prior to commencement of the development.
Reason: In order to ensure that adverse impacts on great crested newts are adequately mitigated and to ensure that site works are delivered in full compliance with the Organisational Licence (WMLOR150, or a 'Further Licence'), section 15 of the National Planning Policy Framework, Circular 06/2005, the Natural Environment and Rural Communities Act 2006 and Policies ENV2 and ENV3 of the South Oxfordshire Local Plan 2035.
The development hereby approved shall be carried out in accordance with the PFA Consulting Flood Risk Assessment Addendum (dated October 2024).
Reason: To prevent increased risk of flooding due to impedance of flood flows and reduction of flood storage capacity in accordance with Policy EP4 of the South Oxfordshire Local Plan 2035.
No lights shall be erected within the site without the prior written agreement of the Local Planning Authority.
Reason: To safeguard the character and appearance of the countryside in accordance with Policy ENV1 of the South Oxfordshire Local Plan 2035.
Should the solar panels not be used continuously for the production of energy for a period of six months, the panels, support structures and associated buildings shall be removed in their entirety and the land shall be restored to its former condition in accordance with a scheme of work submitted to and approved in writing by the Local Planning Authority.
Reason: To prevent the retention of development in the countryside that is not being used for its intended purpose in the interest of the appearance of the countryside in accordance with Policy ENV1 of the South Oxfordshire Local Plan 2035.
Not less than 12 months before the cessation of the development hereby permitted, a Decommissioning Method Statement (DMS) shall be submitted to and approved in writing by the Local Planning Authority. The DMS shall include details of the removal of the panels, supports, inverters, cables, buildings and all associated structures and fencing from the site, and a timetable for their removal. The DMS shall also include a traffic management plan to address likely traffic impacts during the decommissioning period and details of the proposed restoration of the site. The site shall be decommissioned in accordance with the approved DMS within 6 months of the expiry of the 40 year period of planning permission.
Reason: Because of the temporary nature of the development and in order to safeguard the amenities of the area and protect the rural character of the area in accordance with Policies ENV1, DES1 and DES9 of the South Oxfordshire Local Plan 2035.
No development hereby permitted shall take place unless and until a certificate from the Delivery Partner (as set out in the District Licence WML-OR150, or a 'Further Licence'), confirming that all necessary measures regarding great crested newt compensation have been appropriately dealt with, has been submitted to and approved by the Local Planning Authority and the Local Planning Authority has provided authorisation for the development to proceed under the district newt licence.
The delivery partner certificate must be submitted to the Local Planning Authority for approval prior to the commencement of the development hereby approved.
Reason: In order to adequately compensate for negative impacts to great crested newts, and in line with section 15 of the National Planning Policy Framework, Circular 06/2005, the Natural Environment and Rural Communities Act 2006 and Policies ENV2 and ENV3 of the South Oxfordshire Local Plan 2035.
The Tetsworth Neighbourhood Development Plan 2035 is part of the Development Plan and the following policies have been taken into
consideration in the determination of the application:
TET1 - Development within the Tetsworth Village Settlement and Surrounding Countryside
TET2 - Settlement Character Areas and Design Criteria
TET3 - Countryside Character Sectors
TET4 - Key Views
TET5 - Local Heritage Assets
TET8 - Biodiversity and the Natural Environment
It is an offence under Section 151 of the Highways Act 1980 for vehicles leaving the development site to carry mud onto the public highway. Facilities should therefore be provided and used on the development site for cleaning the wheels of vehicles before they leave the site.
No vehicles associated with the building operations on the development site shall be parked on the public highway so as to cause an obstruction. Any such obstruction is an offence under Section 137 of the Highways Act 1980.
It is recommended that the NatureSpace Best Practice Principles are considered and implemented where possible and appropriate.
It is recommended that the NatureSpace certificate is submitted to the Local Planning Authority at least 6 months prior to the intended commencement of any works on site.
It is essential to note that any works or activities whatsoever undertaken on site (including ground investigations, site preparatory works or ground clearance) prior to receipt of the written authorisation from the Local Planning Authority which permits the development to proceed under the District Licence (WML-OR150, or a 'Further Licence') are not licensed under the great crested newt District Licence. Any such works or activities have no legal protection under the great crested newt District Licence and if offences against great crested newts are thereby committed then criminal investigation and prosecution by the police may follow.
It is essential to note that any ground investigations, site preparatory works and ground / vegetation clearance works / activities (where not constituting development under the Town and Country Planning Act 1990) in a red zone site authorised under the District Licence but which fail to respect controls equivalent to those detailed in the planning condition above which refers to the NatureSpace great crested newt mitigation principles would give rise to separate criminal liability under the District Licence, requiring authorised developers to comply with the District Licence and (in certain cases) with the GCN Mitigation Principles (for which Natural England is the enforcing authority); and may also give rise to criminal liability under the Wildlife & Countryside Act 1981 (as amended) and/or the Conservation of Habitats and Species Regulations 2017 (as amended) (for which the Police would be the enforcing authority).