Planning Application

2/2014/0582

Proposed Installation of a single wind turbine with a hub height of 24.8m and tip Development: height of 34.5m. Location: Mill Oughterside Wigton Applicant: Mr J P Lister Recommendation Re fused

Summar y/Key Issues

Issue Conclusion

Principle of Paragraph 93 of the NPPF makes clear that the provision of Development renewable energy infrastructure is central to the economic, social and environmental dimensions of sustainable development. Landscape and It is considered that the proposal has the potential for significantly Visual Impact harmful cumulative impacts on the character of the landscape and the visual amenities of the locality. Residential Amenity The proposed turbine is within 800m of a number of residential properties. The proposal is likely to have an adverse impact on the amenity of the residents of these properties, and there is no evidence of support from the local community for a separation distance of less than 800m in this case.

Heritage and The proposal will not have a significant adverse impact on any conservation designated heritage assets or nature conservation interests Operational Subject to conditions relating to construction operations the proposed requirements development would not have an adverse impact on the highway network. Potential benefits The proposal will make a contribution to renewable energy deployment nationally. It would also make a contribution to the running costs of the farm by creating an alternative source of income, supporting rural enterprise and economic activity.

Site

The turbine is proposed to be located within an existing agricultural field that is on a raised hillside. The land is associated with Oughterside Mill which aligns the river Ellen to the south west. The village of Oughterside is located approximately 570m to the north east of the site. The larger settlement of is also located to the north east, approximately 3.5m from the site. , is located approximately 1km to the south.

The area is predominantly rural in character comprising a mixture of small to medium scale fields bounded by hedgerows, stone walls and fences. The landscape is undulating in character and the site itself sits at approximately 64m AOD and therefore is relatively prominent.

The nearest neighbouring properties are in Beech Hill which is located approximately 428m east of the turbine site. Other residential properties are located in the wider area, with a concentration at Oughterside and Prospect to the north.

Relevant Policies

National Planning Policy Framework

Meeting the challenge of climate change, flooding and coastal change Conserving and enhancing the natural environment Conserving and enhancing the historic environment Supporting a prosperous rural economy

Planning Practice Guidance for Renewable and Low Carbon Energy July 2013

Allerdale Local Plan (Part 1) Adopted July 2014

Policy S1 – Presumption in favour of sustainable development, Local Plan (Part 1) Policy S14 – Rural economy, Allerdale Local Plan (Part 1) Policy S19 – Renewable Energy and Low Carbon Technologies Policy S27 – Heritage Assets Policy S32 – Safeguarding amenity, Allerdale Local Plan (Part 1) Policy S33 – Landscape Policy S35 – Protecting and enhancing biodiversity and geodiversity, Allerdale Local Plan (Part 1). Policy S36 – Air, water and soil quality, Allerdale Local Plan (Part 1) Policy S4 – Design principles, Allerdale Local Plan (Part 1) Policy DM17 – Trees, hedgerows and woodland, Allerdale Local Plan (Part 1).

Relevant Planning History

A screening opinion has been issued by the Local Planning Authority which stated that the proposal Did Not constitute EIA development.

Scr/2014/0020 – Screening opinion for wind turbine 24.8m to hub height and 34.5m to tip – An EIA is NOT required.

Representations

Cumbria County Council – Highways. Make the following comments : - During the construction phase no vehicle shall leave the site in a condition that would give rise to the deposit of mud, dust or debris on the public highway. - The applicant shall submit a Traffic and Construction Management Plan for approval, all identified highway works shall be completed to the satisfaction of the Local Planning Authority in consultation with the Highway Authority prior to the works commencing on site.

Cumbria County Council – Landscape and Countryside. Advise that they will not be responding from a strategic planning perspective as they do not consider the proposal to be a Category 1 Application.

Natural England – Make the following comments : a) Statutory nature conservation sites – No objection. b) Protected species – Natural England has published ‘Standing Advice’. c) Impact Risk Zones for SSSI ’s – Natural England has recently published a set of mapped Impact Risk Zones (IRZs) for Sites of Special Scientific Interest (SSSI).

Arqiva – No objection.

NATS – Advise that the development is likely to impact on their electronic infrastructure. However, they have no safeguarding objection to the proposal.

Ministry of Defence – No objection.

Stobart Air – No objection.

Electricity North West – No objection.

Environmental Health – Comment that : The supporting information states that noise emissions are unlikely to present a concern in this case. However, no predictions of noise levels at the nearest properties have been provided. Therefore if permission is granted two specific Conditions regarding noise will be required to be attached to any planning approval.

FORCE – Object and make the following comments : a) Height and Scale – At 34.5m to the blade tip and standing at 64m AOD, the wind turbine would be well in excess of ‘small scale’ as defined by the Governments Department of Energy and Climate Change (DECC). There can be no question that the proposed turbine would dominate the immediate vicinity and would be visible from a considerable distance in the surrounding countryside. b) Landscape Impact – The application site is situated within Lowland landscape category subtype 5a ‘Ridge and Valley’ according to the Cumbria Landscape Character Guidance and Toolkit (2011).This subtype is considered to have a moderate capacity for wind energy development which is defined as a small group of 3 to 5 wind turbines or, in exceptional circumstances, a larger group of 6 to 9. The reality is, however, that the area around the application site already contains a considerable amount of wind energy development and therefore we would argue that its ‘moderate’ capacity to absorb turbines without detriment to the overall character of the landscape has already been stretched to the limit. c) Energy requirements of the farm – Although it is stated in the Design and Access Statement that the electricity produced by the proposed wind turbine would offset the applicant’s energy costs, it is not actually confirmed that the turbine would supply power to the premises before any excess is sold to the National Grid. If the intention is for the turbine to meet the power requirements of the farm, then a much smaller machine is likely to be adequate and therefore the need for a 34.5m structure at this location in the open countryside cannot be demonstrated. d) Proximity to Houses/Amenity – The turbine would be situated just 442m from the non associated residential properties at Beech Hill and approximately 550m from the settlement at Oughterside. e) Noise – Some site specific measurements are necessary in this case for the protection of local residential amenity. f) Cumulative Impact – The agent has not carried out a satisfactory cumulative impact assessment. The map at paragraph 4.12 shows the wind farms at Wharrels Hill and Tallentire. Nothing further has been done to realistically examine the cumulative impact that the turbine would have in combination with others in the area. Part of the justification for the turbine is the fact that there are numerous other wind energy schemes in the area. FORCE feel that the existence of other wind turbines should not be used as a reason to add more in the same area. Also, the agent has failed to provide an accurate account of the number and location of the turbines which are already operational or which have planning permission. The application site is within very close proximity to the wind turbines at Hall Bank and Broom Hill, with 2 more further along the A596 at Bullgill where the Council is currently considering an application for an additional machine. More wind turbines have recently received planning permission at Crookdake, High Scales, Firs Farm and Leesrigg. There is an application pending at Arkleby House Farm which is also in the near vicinity. The wind farms at Tallentire, Hellrigg, Westnewton and High Pow are all either visible from the application site itself or from nearby. This is far from an exhaustive list of local wind energy developments. g) Policy – The development is contrary to policy S19 of the newly adopted Local Plan. Policy S19 contains a separation distance of 800m between wind turbines over 25m to the blade tip and residential properties. As discussed earlier, there are a number of properties which would fall well within the separation distance. It is also contrary to policies S32 and S33 which seek to protect residential amenity and also the character of Allerdale’s valued landscapes.

West Newton Action Group – Object and make the following comments : a) Size – This is not a small scale turbine as defined in the DECC’s categorisation of such, and certainly is not either ‘modest size’ or ‘small scale’ as suggested by the developer. As such it would present a dominating presence to the residents of Oughterside and surrounding area. It is approximately equidistant between Oughterside Mill itself and Oughterside village. However, being due south of Oughterside it will have much more of an impact on the village than on its owners. This is due to the prevailing wind direction and any resulting potential noise problems, and the probability of shadow flicker. b) Public consultation – The Action Group note that the applicant’s letters make much of the amount of electricity used by the farm and their need to offset the overall variability of the farms electricity costs. However, the letters do not make clear the fact that every wind turbine simply adds even more costs, via subsidies, to the increasing electricity bills of the very people the applicant is writing to. The letters also go on to say that the turbine will be sensitively sited at suitable distances from residential properties, however, West Newton Action Group challenge this statement. c) Photomontages – These have not been attached to Appendix of the Design and Access Statement. d) Cumulative Impact – There is no appropriate cumulative impact assessment, yet the site is bracketed on 3 sides by the wind farms at Westnewton, Tallentire and Wharrels Hill, all within a 6km radius, plus smaller arrays at Bullgill, Brownrigg, Langrigg and Aikton, as well as numerous individual turbines. e) Climate Change Mitigation – There is no further national requirement for them. Five and a half years ahead of schedule the UK is now in a position to meet all of its renewable energy targets and more.

Oughterside and Parish Council – Object on the grounds that : - The turbine would have an adverse impact on the character of the area due to its height and scale; - The turbine would have an adverse impact on the amenity of nearby residents; - The proposal is contrary to policies contained with the Local Plan; and - The development would have an adverse cumulative impact.

The application has been advertised by site notice and neighbour notification letters. 19 letters of objection have been submitted.

The letters of objection are on the following grounds :

- Policy S19 of the Allerdale Local Plan recommends a minimum separation distance of 800m between residential properties and wind turbines over 25m to blade tip. The proposed turbine is located 442m from Beech Hill and 552m from Oughterside. - The proposed turbine cannot be described as small scale. The Department for Energy and Climate Change have stated that small-scale wind turbines have hub/tip heights of about 15m above ground level. - Sited in open countryside the turbine would dominate the immediate landscape and be visible from a considerable distance over a large area. - The model of wind turbine proposed would generate between 100,000 and 250,000 kwh of energy per year. This would generate between 5 and 10 times the amount of energy actually needed by the farm, - Surely a much smaller turbine sited closer to the farm buildings would be sufficient to meet the energy needs of the business. - The site is at a height of 64m and is in a prominent position in the context of the local area. The turbine would be a dominant feature in the immediate landscape creating significant visual intrusion for the residents of Beech Hill and Oughterside. - Photomontages are not available on the Councils website. - The turbine could potentially lead to a reduction in property values. - A local noise survey should be conducted around the proposed turbine site to reassure Oughterside residents that there would be no noise pollution from the turbine. - An ecological impact survey should be carried out to ensure that the turbine site meets the Natural England recommendations, and to make sure that no bats are harmed by the development. - A recent inquiry by Allerdale Borough Council showed that 62% of Cumbria’s onshore wind energy sites are located in Allerdale. - Oughterside are already affected by the Wharrels Hill (8 turbines) and Tallentire (6 turbines) wind farms, as well as a number of smaller local wind turbine developments. In conjunction with these other wind installations, the proposed turbine would add significantly to the cumulative visual impact on the whole landscape. - Due to the distance from residential properties and the elevated position of the turbine there are concerns regarding shadow flicker and reflective light. - The land is an area that was subject to opencast mining. It was recommended that at least 25 years should elapse before any building work should be considered on restored land. - Impact also has to be considered regarding the proposals by national grid for larger pilons in the area. This is a further development that the area has to endure. - The route of access to the proposed site cuts over a well used public footpath and bridleway.

Main Issues:

National Planning Policy and the Allerdale Local Plan (Part 1) are broadly supportive of proposals for renewable energy development. The need to meet national targets for the generation of electricity and heat from renewable and low carbon sources is recognised as are the wider environmental, community and economic benefits of such development.

To ensure that the impacts of development (either in isolation or cumulatively) are, or can be made acceptable, Policy S19 of the Allerdale Local Plan sets out clear criteria for the consideration of proposals for renewable energy development, including wind turbines. The criteria most relevant of this application are considered below.

Amenity of local residents

Policy S19 seeks to protect local residents from unacceptable harm. The supporting text comments that in order to address community concerns and in the interests of residential amenity and safety in relation to turbine development a separation distance of 800m to residential properties will be expected in cases where the turbines are over 25m in height to blade tip.

This 800m distance has been established as being generally sufficient to avoid unacceptable impact on residential amenity. The Local Plan does recognise the need for flexibility and that ‘’in some cases due to site-specific factors such as orientation of views, land cover, other buildings and topography, it may be appropriate to vary this threshold, where it can be demonstrated through evidence that there is no unacceptable impact on residential amenity’’.

In this case the turbine is proposed to be 34.5m to blade tip, and there are approximately 28 properties within the settlement of Oughterside that are within 800 metres of the site. In addition, 5 properties to the east of the site at Beech Hill are also within 800 metres. In addition, the application dwelling is 630m metres from the turbine.

The nearest residential properties are as follows :

To the east are - 1, 2, 3, 4 and 5 Beech Hill; (The closest of these is 1 Beech Hill which is 430m away)

To the north east are – Fauld View Stables, Manor House, Manor Barn, The Stables, Ghyll Grange, Grange Cottage, and 1, 2 & 3 New Houses Fauld; (The closest of these is Fauld View Stables which is 564m away).

To the south is – Oughterside Mill, the application dwelling, which is 630m away. Plus Ellenhall which is 800m away.

The applicant’s assessment acknowledges that some properties will be subject to visual impact from the proposed turbine. However, it comments that the turbine is unlikely to be overly dominant or prominent given the limited height and the orientation of the nearest neighbouring properties. It also comments that it is a well held planning principle that there is no right to view from individual residential properties over land in someone else’s ownership, and ‘’at the distances involved the turbine is very unlikely to harm the living conditions enjoyed by the occupants of these properties’’.

However, it is Officers opinion that the size and scale of the turbine would be overbearing and oppressive from the nearest dwellings. The residents in Beech Hill to the east and Oughterside to the north will have direct views of the turbine. In addition, the residents living further afield will see the turbine when travelling to and from their properties..

In relation to the potential impact of noise a ‘Noise Survey’ has been submitted and the Environmental Health team have advised that if approval was granted for the turbine Conditions regarding noise would need to apply.

With regards to shadow flicker, it is generally acknowledged that the potential impact is only likely to be an issue within 10 x rotor diameters of the turbine. The turbine has a rotor diameter of 19.2m. Therefore the zone likely to be affected by shadow flicker is approximately 200m and there are no residential properties within this area.

Landscape and Visual Impact

The Cumbria Landscape Character Guidance and Toolkit (LCG) supports appropriately located schemes for wind energy in line with the provisions of the Cumbria Joint Wind Energy Supplementary Document (SPD) which was adopted by the Council in 2007. The site falls within Cumbria’s landscape classification 5a Ridge and Valley.

The SPD advises in terms of this particular landscape type ‘Overall the lowland landscape type is judged to have a moderate capacity to accommodate wind turbine development. Greatest potential occurs in the open flatter areas and broad ridge top where small or, in exceptional circumstances, large turbine groups could relate to the medium to large scale land form without dominating wide views and interactions with regular field patterns. In the more sheltered and enclosed valleys or undulating fringes turbine development would feel over dominant and conflict with the more irregular land cover problems.

The applicant’s appraisal for the site includes photomontages and an assessment from a number of viewpoints. It seeks to demonstrate that whilst there would be some local landscape effects the turbine could be accommodated without any significant adverse effects to the local landscape character.

The appraisal states that ‘’The proposed turbine would introduce a different use but would remain intrinsically linked with the agricultural use of the land in that it would harvest the natural resources of the land much in the way agricultural activities do.’’ It goes on to comment that ‘’The site itself sits around 64m and is therefore relatively prominent in this context’’, however, it adds that ‘’The turbine would benefit from screening provided by a tree plantation to the west of the site, and from the rolling nature of the landscape which would help to contain views to the local scale’’. The appraisal also comments that ‘’By positioning the turbine away from the highest point of the hillside and limiting the hub height of the proposal, the application has sought to complement existing landscape character and ensure the turbine is read in the context of existing human activity, such as pylons which align the A596 further north of the site’’. In addition, it advises that ‘’the turbine has a very slim profile, and neutral matte finished paint is designed to absorb light and blend into a dull grey cloudy background.’’

In relation to the issue of cumulative impact, the applicant’s assessment states that the turbine will not link in with other turbine sites in the wider area due to the significant distance between schemes. However, the photomontages demonstrate that the proposed turbine would be viewed in the same visual context as the two nearby wind farms at Tallentire and Wharrells Hill. In addition, some cumulative links will also be possible with smaller scale agricultural turbines.

A number of objectors, including FORCE and West Newton Action Group have highlighted concerns that the proposed turbine will increase the cumulative impact of turbines in the area. The proposed turbine will be visible over a very wide area and the potential cumulative effect for people residing in the area, and those passing through, will be significant. The turbine will be clearly visible from the settlements of both Oughterside and Prospect to the north, and the A596. In addition, from the north, the site will also be seen in context with the wind farm development at Tallentire which is clearly visible in the backdrop of the site. The turbine will also be clearly visible from the south, particularly from the settlement of Gilcrux which is located directly to the south of the site.

It is considered that the applicant’s appraisal underestimates the visual impact of the proposed development within both the immediate locality and the wider area. It is also considered that the turbine would be extremely prominent when viewed from nearby residential dwellings and nearby public highways particularly the A596. The turbine would be located on rising land and it is considered that it would be visually incoherent in the immediate landscape and surrounding area. This is clearly demonstrated in the photomontages that have been submitted as part of the planning application. The turbine would be clearly visible from nearby settlements to both the north and south, and from various viewpoints it will be seen in conjunction with existing wind turbine developments that are located in the wider area. It is considered that as people travel through the area there will be a sequential cumulative impact. There are a proliferation of turbines along the A596 corridor and there will be a cumulative impact of the proposal in conjunction with the large number of existing turbines in the adjacent surroundings.

Impact on nature conservation interests

Natural England have no objection to the proposal and it is unlikely to affect any statutorily protected sites or landscapes. In addition, the proposed turbine is not sited within 50m of any existing hedgerows and therefore accords with advice from Natural England that wind turbines are unlikely to affect bat populations where a 50m buffer is maintained from foraging habitat.

Impact on heritage assets and their settings

The nearest Listed Buildings to the site are :

- Ellenhall Bridge (Grade II) – Located 618m south of the turbine; and - Ellen Hall and Adjoining Barn 9Grade II) – Located 700m south of the turbine.

It is not considered that the proposed turbine would have a significant impact on the settings of the listed buildings.

Operational requirements, including the suitability of the road network

The main impacts of the proposed development on the road network would be associated with construction traffic. The highway authority has no objections to the proposal subject to conditions and commitments from the developer in relation to a ‘Traffic and Construction Management Plan,’ and the removal of any mud, dust or debris resulting from construction traffic on the highway.

Potential benefits to the local economy and local community

It is acknowledged that the proposed turbine will have local economic benefits in terms of the contribution it would make to the sustainability of the agricultural operation at the host Farm.

Local Financial Considerations:

Having regard to S70 (2) of the Town and Country Planning Act there are no local finance considerations that are relevant to the consideration of the application.

Conclusion

Whilst recognising the potential benefits of the proposed wind turbine and the contribution it would make to meeting renewable energy and low carbon targets this must be balanced against the likely adverse impacts on the residential amenity of the occupier of dwellings in the vicinity of the site, and the impact the increased proliferation of turbines would have on the landscape character of the area. It is for these reasons that it is recommended that planning permission be refused. Annex 1

Reason for Refusal

The proposed turbine, by virtue of its siting, scale and proximity to other turbine development, including that at Tallentire and Wharrels Hill, would increase the proliferation of turbines in the area resulting in a significantly harmful impact on the landscape and visual amenity of the area and a significantly harmful effect on the amenity of the occupiers of residential properties in the area. The proposal is therefore considered contrary to policies S19, S32 and S33 of the Allerdale Local Plan (Part 1) adopted July 2014 and the advice contained within the National Planning Policy Framework and Planning Practice Guidance for Renewable and Low Carbon Energy.