An article in the Northern Echo recently suggested that a proposal to install a solar farm on agricultural land at Benridge would not require an Environmental Impact Assessment if a planning application were to be submitted by the development company with an interest in the site, which lies just off Fillpoke Lane between High Hesleden and Crimdon.
I've never before come across something like this, which appears to imply that a huge development in the open countryside would have no adverse impact on the environment - something I'm sure most people would find preposterous.
At first I'd thought the Northern Echo article had been misunderstood, so the response I received from the planning office was completely unexpected and gives a new perspective on what might lie ahead for those of us who have genuine concerns about the development.
I've published the complete correspondence below, showing first my query to the planning department, with their response following:
Good morning,
I was told of an article in the Northern Echo earlier this
week that suggested if the company proposing to construct a solar farm on land
adjacent to Fillpoke Lane submitted a full planning application to the LPA an
Environmental Impact Assessment would not be required.
Since the article was published several local residents have
contacted me alarmed at the prospect of a planning proposal being determined
without an EIA. I'm inclined to agree with them that if the council is
eventually to determine a planning application without the benefit of an EIA it
would deprive members of the planning committee the opportunity to properly
scrutinise the potential impact on the countryside of a proposal of this
nature.
It would also have an adverse impact on local businesses and
residents who might oppose the application and who would not be able to comment
on how a solar farm at this location would have a detrimental effect on the
environment. I fear that if local members and residents were to comment on the
environmental impact without reference to an EIA it would carry no weight with
members of the planning committee, thereby lending bias in favour of the
applicant.
Could you clarify the council's stance on this issue please.
I received this response from the planning office:
I can confirm that a ‘Screening Opinion’ request
under Town and Country Planning (Environmental Impact Assessment) Regulations
2017 (EIA Regulations) was submitted and a decision issued by the planners for
the proposed development. As you might be aware, through a ‘Screening
Opinion’ the Council only decides whether a proposed development is likely to
have a significant effect on the environment and therefore requires a formal
assessment under the EIA Regulations.
Details in relation to ‘Screening Opinions’ can be
found in the following link: Environmental Impact Assessment - GOV.UK (www.gov.uk).
The Council's Screening Opinion for this proposal is that it would not be
likely to have significant effects on the environment and would not therefore
require EIA. However, the EIA process is separate to the assessment of a
planning application and it does not mean that the Council considers that there
would be no effects from the development and that therefore the application
will automatically be approved. Rather any environmental effects would be fully
considered at planning application stage as is the case with any planning
application.
Please be assured that any planning application
would need to be accompanied by the information necessary in order to allow the
Council to fully assess the development which would, amongst other matters,
include landscape and visual impact assessment and ecological
assessments. Just because a development is not considered to be EIA
development does not mean that it is not fully scrutinised and assessed.
In addition should a planning application be
received then the Council would carry out the necessary publicity in accordance
with planning procedures, including being advertised in the press, site notices
and neighbour notification letters to properties in the vicinity of the
sites. The application would be available to view on the Council’s
website and members of the public would then be able to make representations on
the proposals direct to the Council and discuss any concerns with Planning Officers.
Consultations would also be undertaken with statutory consultees and the
Council’s specialist advisors.
The Screening Opinion can be viewed on the
Council’s website at: https://publicaccess.durham.gov.uk/online-applications/search.do?action=simple&searchType=Application
and searching on SCR/25/00008. Due to the configuration of the system the
screening request is referred to as an ‘application’ but as per the above
explanation it is not a planning application as such.
It's quite staggering that a local planning authority could even consider that a planning application of this nature would have no impact on the environment, so I'm sure many will agree with me that the planning system is not fit for purpose on this particular issue.
When I first raised the prospect of us having a bit of a fight on our hands if we were to oppose a solar farm at Benridge, I never thought for one minute that the dice would be so obviously loaded against us from the start. It looks as though we're going to have to fight for a level playing field before the planning process even begins!
I'll be in touch with the planning office again next week to press for some formal process within the planning system that allows residents to have a fair say on this potential development.