EEC/08/15/HQ Development Control Committee 23 January 2008

Planning/Highway Consultation North Devon District: Proposed Installation of 9 Wind Turbine Generators (105m Tip Height) with Transformer Enclosures, Substation Building, Anemometer, Access Tracks and Ancillary Equipment, Land at Pauls Moor, Wester Bullaford and West Moor North of Knowstone, South Molton Application No: 45489 Date Consultation received by County Council - 12 November 2007

Report of the Director of Environment, Economy and Culture

Please note that the following recommendations are subject to consideration and determination by the Committee before taking effect.

Recommendation: It is recommended that North Devon District Council be advised that Devon County Council: (a) as the Strategic Planning Authority, whilst recognising the possible renewable energy and economic benefits of the proposed development, and the location of the application site on the edge of the Area of Search for Strategic Wind Farm based energy production as identified in the Devon Structure Plan, considers that these benefits are outweighed by the impact of a development of this scale on the local Landscape Character Zones and the adjoining Exmoor National Park, and that as such would conflict with the provisions of Devon Structure Plan Policies CO1, and CO2; (b) as the Local Highway Authority, raises no objection in principle to the proposed development subject to the imposition of planning conditions and/or the completion of appropriate legal agreements under Section 106/Section 278 to secure the necessary offsite highway works and traffic management during the construction and decommissioning stage of the development; and (c) should the District Council nevertheless be minded, to grant planning permission, this should only be subject to the prior completion of Section 106/278 Agreements and the imposition of planning conditions to secure those matters summarised in Appendix III to this Committee report; and the application should be referred to the Government Office for the South West as a departure from the Devon Structure Plan as referred to in (a) above.

1. Summary

1.1 This report relates to a proposal 9 wind turbines, [each typically up to 2 Megawatts (MW) in capacity], ancillary equipment, and on site infrastructure for a period of 25 years for the purposes of generating electricity through wind power. The proposed development is located at Pauls Moor, Wester Bullaford and West Moor Knowstone, (known collectively as the Three Moors), near South Molton. The County Council has been consulted as both Strategic Planning Authority and Local Highway Authority.

2. The Proposal/Background

2.1 The application site is situated approximately 14 km west of Tiverton, 10km east of South Molton, and 2km north east of Knowstone. The application site surrounds Cross Moor where a proposal for 2 turbines was considered by the Committee on 14 March 2007 (Report EEC/97/73/HQ refers). The site lies some 3.5 km north of the site of the Batsworthy Cross Wind Farm proposal (9 turbines) which was considered by the Committee on 14 February 2007 (Report EEC/07/38/HQ refers). The Cross Moor and the Batsworthy proposals have still not been determined by North Devon District Council.

2.2 The wind turbine design for the 9 x 2 mw generating capacity machines detailed in the Environmental Statement (ES) comprises a three bladed rotor, nacelle and tower with a maximum tip height of 105 metres above ground level. The planning application also proposes a 60 metre fixed lattice anemometry mast to monitor and optimise the performance of Three Moors Wind Farm wind turbines. In addition, site access tracks will be required from the main highway to access the wind turbines which themselves will require permanent crane pads, along with a small on-site substation and temporary construction compound. As the generating capacity of this overall scheme does not exceed the threshold of 50 MW, in accordance with the provisions of Section 36 of the Electricity Act 1989, the application falls to be determined by North Devon District Council as the Local Planning Authority.

2.3 At the time of writing this report, planning permissions for the erection of wind farms have been obtained on four sites in Devon:

(a) A cluster of 3 x 1 MW wind turbines at Stowford Cross, Bradworthy, (75 metres high to the tip of the blade). Planning permission was granted on appeal in August 2003 and the development is now operational.

(b) A cluster of 3 x 1.2 MW wind turbines at Higher Darracott, Great Torrington, (81 metres high to the tip of the blade). This application was granted planning permission on appeal in May 2004 but has not yet been built.

(c) A cluster of 9 x 2.5 MW wind turbines (120m to tip of blade) at Denbrook, near North Tawton. This application was granted planning permission by the Planning Inspectorate on appeal in February 2007 but has not yet been built.

(d) A group of 22 x 3mw wind turbines (110m to tip of blade) at Fullabrook near West Down near Braunton. This application was granted planning permission by the Secretary of State in November 2007 under the Section 36 procedures of the Electricity Act 1989. It has not yet been built.

2.4 A fuller summary of the status of grid connected renewable energy projects in Devon both existing and proposed is set out in Appendix I to this report.

2.5 Members will recall considering its response to the application for 9 wind turbines at Batsworthy Cross some 3.5km south of the current application site at the meeting in February 2007 and resolving conditionally not to raise any objection to this proposal (Minute *135 refer). Nine Members of the Committee, who conducted the Site Visit to the Batsworthy proposal on 14 February 2007 also took the opportunity to view the then recently received Cross Moor proposals, and were able to observe the possible cumulative effect of the two developments.

2.6 At its meeting in March 2007, Members will recall resolving to object to the proposed 2 turbines at Cross Moor, on the basis that the benefits of the development were outweighed by the impact of a development of this scale on the local Landscape Character Zones and the adjoining Exmoor National Park and that as such would conflict with the provisions of Devon Structure Plan Policies CO1, and CO2. (Report EEC/07/73/HQ and Minute* 142(b) refer).

2.7 The current Three Moors application is accompanied by an Environmental Statement under the requirements of the EIA Regulations. This addresses Construction, Access, Ecology, Landscape, Noise, Aviation, Archaeological and Cultural Heritage considerations. A copy of all the submitted documentation will be displayed at the Committee.

3. Consultations

3.1 As the determining Local Planning Authority, North Devon District Council has carried out the statutory consultations on this application (the County Council being one of these consultations). The County Council, has however been made aware of the consultation responses received from the following organisations.

3.2 Mid Devon District Council - objects to the development of a wind farm on the above site because of its unacceptable landscape impact, its potential adverse affect on tourism in the area and its detrimental impact on residents in a sizeable area of Mid Devon.

3.3 Exmoor National Park Authority - objects to the proposal because of the adverse impact on the landscape, the setting and the special quality of the National Park, contrary to statutory National Park purposes. Intrusion into views in and out of the National Park and concern at possible cumulative impact with other nearby wind farms. (Also concerned that the DSP "Area of Search for strategic wind based energy production stretches north of the North Devon Link Road.)

3.4 Council for National Parks - objects for same reasons as ENPA.

3.5 Campaign to Protect Rural England (Devon) - believes the main issues to be decided are: • The need for wind energy generation at this site, having regard to the national, regional, county and district targets for renewable energy generation. • The effects of this proposal on the character and appearance of the area, including Exmoor National Park and its wider setting. • The effect of this proposal on the residential amenity of persons living nearby. • The effect upon other nearby land-users and the wider local economy. After studying this application CPRE believes that the benefits to be gained from this site in terms of renewable energy generation and any consequent savings in greenhouse gas emissions do not outweigh the negative impact upon the landscape, especially Exmoor National Park and its wider setting, the substantial negative effect upon the residential amenity of those living nearby, other nearby land-users and the wider local economy. CPRE believes that this site is wholly inappropriate for a scheme such as this. It therefore wishes to object to this application A full copy of its objection will be available for Members' inspection at the Committee.

3.6 Open Spaces Society - objects because of the impact of the development in close proximity to the Exmoor National Park and the Two Moors Way long distance path; and the cumulative effect when considered with other nearby wind turbine proposals.

4. Advertisement/Representations

4.1 The application has been statutorily advertised and subject to some pre-application publicity by the applicants in the locality. All representations are normally invited to be submitted to the North Devon District Council as the determining Local Planning Authority. However, the County Council has been directly in receipt of a number of individual representations.

4.2 At the time of writing this report a total of 16 letters of objection have been received.

4.3 The letters of objection asking the County Council to object to this application raise the following principal concerns.

• lack of local consultation by the applicants; • negative landscape impact/proximity to the Exmoor National Park; • severe impact on tourism and on the local and regional economy; • negative impact on residential and agricultural holdings value; • detrimental effect of noise/shadow flicker; • detrimental to wildlife interests - birds, bats, butterflies, moths etc; • possible adverse effect on watercourses; • outside the Devon Structure Plan "Area of Search" for strategic wind farm provision; • interference to television signals; • impact on setting of historic buildings; • highway safety concerns, including ice throw; • inefficient technology in tackling greenhouse gas emissions.

4.4 Copies of all these letters of representation, together with any further letters subsequently received, will be displayed and made available for Members' inspection at the Committee.

5. Planning Policy Considerations

5.1 In considering this application the County Council as the Strategic Planning Authority is required to have regard to the provisions of the Development Plan. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that where regard is to be had to the Development Plan, the determination shall be in accordance with the Development Plan unless material considerations, which can include emerging Policies, indicate otherwise. In this case the relevant Development Plan policies are summarised in Appendix II to this report and the most relevant are referred to in more detail in Section 6 (Comments/Issues).

6. Comments/Issues

6.1 The consideration of the County Council's response as the County Planning Authority, to the consultation on the proposed development involves weighing up a number of issues and impacts. These are examined in more detail below:

Contribution to Renewable Energy Targets

6.2 Policy RE6 of the Regional Planning Guidance for the South West (RPG 10) sets a regional target of, a minimum of 11-15% of electricity production to be from renewable sources by 2010 and states that local authorities, energy suppliers and other agencies should support and encourage the region to meet this target.

6.3 The REvision 2010 report (July 2004), prepared by Regen SW for the GOSW, identifies sub regional targets for the development of renewable electricity by 2010 within the South West region. These targets are based on an assessment of resource capacity and take into account environmental constraints, such as landscape sensitivity.

6.4 This sub regional target has been incorporated into Policy CO12 of the Devon Structure Plan (adopted October 2004), relating to renewable energy developments.

Policy CO12 states:

“Provision should be made for renewable energy developments, including offshore developments in the context of Devon's sub regional target of 151 MW of electricity production from land-based renewable sources by 2010 subject to the consideration of their impact upon the qualities and special features of the landscape and upon those living and working nearby.

In providing for strategic wind based energy production in the period to 2016, priority should be given to locations within the Area of Search identified on the Key Diagram”.

6.5 The 151MW sub-regional target for 2010 is further reiterated in the emerging Regional Spatial Strategy for the South West with recognition that on shore wind schemes will be required to achieve the majority of this target. REvision 2020 (June 2005) took forward the target beyond 2010 and indicated that in line with government policy indicates that at least 20% of installed generating capacity (850MWe) should be provided from renewable resources in the South West by 2020. This builds upon the 611MWe target in REvision 2010. This target is now also reflected in the Draft Regional Spatial Strategy for the South West (2006-2026) in policies RE1 and RE4.

6.6 A total of 114 MW of renewable energy capacity is installed or permitted at present in Devon, representing approximately 76% of the 151 MW Structure Plan target. (This is set out in more detail in Appendix I to this report). It is noted that in the decisions at Denbrook, Stowford Cross, Higher Darracott and Fullabrook near Braunton the Inspectors gave weight to the contribution of the developments to meeting regional and sub-regional renewable energy targets.

The potential contribution from the proposed development

6.7 The application site falls on the periphery of the Area of Search for strategic wind based energy production, as defined on the Key Diagram of the adopted Devon Structure Plan. The proposal for 18mw of generating capacity at Three Moors can be considered a strategic development which would make a substantial contribution to the sub regional target stated in DSP Policy C012 .

6.8 The existing technology to harness onshore wind is already technically and financially viable, and it is viewed that this currently provides the greatest scope for delivering the sub regional target by 2010. As wind turbines can be decommissioned effectively, they can be used as a stop gap until more environmentally benign technologies are available in the medium and longer term. The applicant has stated that the lifetime of the development would be 25 years. Should planning permission be granted, it is recommended that it is a temporary permission for 25 years, which would mean that the impacts of the wind farm would be of a limited term rather than permanent. If granting planning permission, contingency for prior cessation and removal/restoration should be secured by a financial guarantee through a Section 106 Agreement. Alternatives to the Development

6.9 In terms of land based wind energy, the alternative to the current proposal would be for: • strategic wind farms (over 15 MW) in other locations in Devon; and/or • a larger number of smaller wind farms (under 15 MW) in other locations in the County.

6.10 There are limited locations within the County where a strategic wind farm can be accommodated on technical and environmental grounds. There may be suitable alternative sites for a strategic development within the DSP Area of Search. There may be a number of other locations suitable for medium or small scale clusters of wind turbines elsewhere in Devon. Each would have a different landscape impact to the current proposal.

6.11 The target for renewable energy generation could also be met through technologies other than wind energy. Following the recent withdrawal of the appeal in relation to the Biomass Generator at Winkleigh there are no other grid connected biomass proposals currently within the planning system. A 3MW energy from waste facility has recently been permitted in Exeter as well as a number of small scale hydro schemes around the County.

6.12 It is viewed that if the county target of 151 MW by 2010 is to be achieved, a combination of developments from across the various technologies will need to be implemented.

Landscape

6.13 The framework for a response to such a proposal is provided by Devon Structure Plan (DSP) policy. Renewable energy is dealt with by Policy C012, which contains a proviso that consideration of the impact of any such proposal upon the qualities and special features of the landscape must be undertaken. These impacts should be judged against the relevant landscape policies in the DSP, in this case Policies CO1, CO2 and CO4.

6.14 Policy CO1 is the landscape policy, concerned with maintaining the qualities and features of Devon's distinctive landscapes. This requires that the qualities and features relevant to the County's 32 Landscape Character Zones (LCZ), as identified by DSP Map 5, be sustained and enhanced and that proposals should be informed by and be sympathetic to the relevant landscape character and quality.

6.15 The site of the proposed development lies within the Witheridge-Rackenford Moor LCZ. This Zone is described as a high, undulating series of ridges with extensive views north and south and which includes distinctive tree groups. Much of the Zone is unaffected by development, but the crossing of the Zone by the A361 North Devon Link has made an impact on the integrity of the Zone's landscape. Outside the immediate area of the A361 the Zone is described as, in landscape character terms, exhibiting a face of Devon's past. Concerns are thus raised in the description that further incursions should not be made into the landscape and character of the Zone so that what does remain can be retained.

6.16 The site itself occupies pasture land on a ridge trending broadly east-west and here surrounding the head waters of a tributary of the Crooked Oak River. The ridge generally forms the watershed between the Crooked Oak valley system to the south and the River Yeo valley system to the north. The site is characterised by medium sized fields surrounded by well-maintained hedges, often on banks. To the north, beyond the Yeo Valley, rises the east-west ridge which forms the southern edge of Exmoor National Park. This is a landscape of medium-sized fields separated by well- marked hedges, rising to unimproved moorland on the ridge top. Cutting into this ridge are some distinct north-south valleys. These are well-wooded, which accentuates their distinctive appearance. To the south the landscape quickly descends into the steep-sided deep and wooded valley of the Crooked Oak, beyond which it rises to the higher land of Beaple's Moor, Batsworthy and Nutcombe Ridge, an area of improved hedged pasture. East and west of the proposal site the hedged pastoral landscape of the ridge continues over Luckett Moor (east) and Paul's Moor (west).

6.17 The proposal is for the erection of nine turbines, with a maximum blade height of 105m. Given the foregoing description of the appearance and character of the site the conclusion may be drawn that the proposal is not compatible with the appearance and character of the relevant LCZ.

6.18 The nature of the topography is such, however, that there are a number of locations within the LCZ, including some quite close ones, from which the proposal will not be visible. However, there are wide areas from which it will be prominent in the landscape, having a substantial impact on the LCZ's character and appearance, including areas to the east and west (various locations along the B3227, Owlaborough Moor, the road between Wadham Cross and Great Wadham, Kerscott), and the south (Rose Ash, Little Ash Moor, Beaple's Moor, Hares Down, Roachill). This breadth of visibility, combined with the greatly uncharacteristic appearance of the proposal in the landscape, means that there is inevitably a substantial impact on the Witheridge - Rackenford Moor LCZ. The proposal will also be prominent from a length of the B3227.

6.19 In addition, it may be possible for a proposal to have an adverse impact on a neighbouring LCZ. In this case, the proposal site is only approximately 1km south of the LCZ boundary of the Exmoor Fringe, which here comprises the east-west valley of the River Yeo and its steep sides, often marked by woodland. On the north the valley side is cut by deep, wooded and steep valleys cut north-south into the flank. This area is designated as AGLV and, as well as its aesthetic attractions is also notable for a quiet and remote character. While the topography means that views of the proposal are not possible from the valley floor or, generally, the southern side, from the northern side the proposal will be seen prominently over the southern lip of the valley.

6.20 North of the Exmoor Fringe LCZ, and beginning just below the lip of the northern flank of the valley, is the Exmoor Upland LCZ. Details of the impact are set out in the discussion on the impact on the Exmoor National Park (see below).

6.21 In the light of the impact of development which does not enhance or sustain the character and features of three of Devon County Council's LCZs (Witheridge - Rackenford Moor, Exmoor Fringe, Exmoor Upland) and which, indeed, could be said to have an adverse impact on their respective characters, the proposed development is considered not to accord with the provisions of DSP policy CO1.

6.22 In terms of DSP Policy CO2, the boundary of Exmoor National Park is approximately 4km north of the proposal site and there is significant inter-visibility between the site and the southern rim of the National Park. 6.23 Views from the east-west ridge which forms the southern ridge of the National Park, as exemplified by views from the ridge road over Molland Common and West Anstey Common, are very wide ranging southwards. In good visibility the northern edge of Dartmoor may be seen, with the whole of central Devon laid out below. This is an iconic view, virtually undisturbed by visual elements unsympathetic to the character and appearance of this wide area. The proposal would introduce uncharacteristic, vertical elements, clearly visible on a prominent ridge seen as relatively close range within the wide and distant outlook possible. Policy CO2 requires that particular care be taken that no development be permitted outside the National Park which would damage its natural beauty, character and special qualities. It is considered that the introduction of such uncharacteristic landscape features in such proximity would have an adverse impact on the character and special qualities of the National Park and thus not accord with the provisions of DSP Policy CO2.

6.24 Further, there are wide areas south of the site from which the proposal would be visible in the foreground of the view towards the National Park. Locations such as Rose Ash, Little Ash Moor, Beaple's Moor, Hares Down and Roachill would all experience such an impact. The view from such areas of the distinctive southern edge of Exmoor, fronted by the slopes of the Yeo Valley, forms an important and characteristic setting of the National Park. The imposition of uncharacteristic features in the foreground of such an important setting would also have an adverse impact on the character and special qualities of the National Park and reinforce the concerns expressed in respect of DSP Policy CO2.

6.25 DSP Policy CO4 requires that development in a designated Area of Great Landscape Value should be limited in its visual impact, such areas having the conservation and enhancement of their landscape as the primary objective. An AGLV covers the Yeo Valley, less than 1 km north of the proposal site. However, as Policy CO4 refers only to development within AGLVs, then even if there were an adverse impact on parts of the AGLV, the particulars of this policy would not apply.

Two Moors Way

6.26 The Two Moors Way is Devon's major north-south cross-county walking route. Structure Plan Policy TO6 seeks to protect such routes, but only so far as their physical integrity is concerned. Also Objective ED5 of the County Council's approved Landscape Role and Action Programme (RAP) aims to use the strategic Long- Distance Footpath network (including the Two Moors Way) as a basis of prioritising landscape action.

6.27 Substantial lengths of the Two Moors Way would be afforded a view of the proposed turbines. This includes lengths with Exmoor National Park north of Badlake Moor Cross as well as areas at Owlaborough Moor, near Knowstone and near Creacombe. This would have an impact on the setting of the route and thus in terms of the promotion of the route as a means of sampling unspoilt Devon this may be a disadvantage. However, the physical integrity of the route is not impacted upon.

Cumulative Effects

6.28 The application site is approximately 3.5km north of another current proposal for 9 turbines at Batsworthy Cross and adjoins the site of 2 turbines proposed at Cross Moor (considered by the Committee at its meetings on 24 January and 14 February 2007). The sites are inter-visible, and are seen from many of the locations considered regarding this proposal. There is thus a cumulative effect, in terms of visibility and also on character impacts. Additionally a further proposal has now been submitted to Mid Devon District Council for 4 turbines at Bickham Moor, approx 4 km to the South East which will be the subject of a separate report to this Committee.

6.29 Most of the landscape and visual impacts addressed earlier in respect of the Three Moors proposal are exacerbated by the proximity of the Batsworthy Cross proposal. The only element not to be so exacerbated is the setting of the National Park as viewed from the south. In addition, this proposal would also clearly have a cumulative effect in conjunction with the Cross Moor proposal and further cumulative effects will possibly arise in association with the Bickham Moor proposal. These would all result in cumulative impacts in the Witheridge-Rackenford Moor LCZ as well as the Exmoor Fringe and Exmoor Upland LCZs and on the National Park as a nationally important landscape in terms of both its setting and its amenity and integral character, as experienced on the east-west ridge along Molland, West Anstey and East Anstey Commons.

6.30 In making provision for renewable energy facilities, particularly wind based ones; the Structure Plan Explanatory Memorandum gives the following guidance:

"Landscape impact is especially important when assessing the potential for the development of wind turbines and wind farms. It is recognised that, while individual wind turbines may be assimilated into the landscape subject to the consideration of local planning issues, larger schemes may, by their nature, be potentially harmful, particularly, to the most valued and vulnerable landscapes."

6.31 It also further advises:

"Assessments of wind based energy potential based on estimates of average wind speed in excess of 6m/sec (measured at 45 metres high) and having regard to landscape policy areas assessments of wind based energy potential, indicate that a significant part of Devon's potential wind energy resource lies outside of its designated landscape policy areas. In considering provision for new wind farm development in the period to 2016, priority should therefore be given to the assessment of locations outside of the Landscape Policy Areas identified within the Plan (National Parks, AONBs, AGLVs and CPAs). In this context, Policy CO12 refers to an Area of Search for Wind based Energy Production, and this is shown on the Key Diagram. This Area includes the central part of Torridge District (extending into adjacent parts of West Devon and North Devon) and the central/south eastern part of North Devon District (extending into Mid Devon), with a separate, more limited, area to the south of Ilfracombe within North Devon District. Within this broad Area of Search there may be a number of locations with a viable level of wind energy resource, capable of delivering a strategic scale of renewable energy generation, but District Councils will need to consider any specific sites or proposals in the context of more detailed assessments, including assessments of landscape impact. In doing so, District Councils will need to take account of recent related planning decisions within their area, and have regard to any existing local landscape assessments or studies, such as those that may have been undertaken in the context of Policy CO1 (relating to Landscape Character). Proposals should not conflict with Policy CO2 (relating to National Parks) and Policy CO3 (relating to AONBs) in terms of their potential impact on the designated areas". 6.32 The application site is not covered by any statutory national landscape designations, but as previously identified, lies on the edge of the Area of Search for wind based energy production, the exact boundary having not been defined in more detail through the current adopted North Devon Local Plan.

6.33 PPS22 (Renewable Energy) which was issued by the Government in August 2004, states that the potential impact on nationally designated areas of renewable energy projects close to their boundaries will be a material consideration, to be taken into account in determining planning applications. It also states, however, that local landscape designations should not be used to refuse planning permission for renewable energy developments.

6.34 This is further emphasised in the Draft Consultation on the supplement to PPS1 relating to Planning and Climate Change (December 2006). This indicates that Policies which set stringent requirements for minimising the impact on landscapes should be avoided if they effectively prevent certain types of renewable energy.

6.35 Alongside this, PPS7: (Sustainable Development in Rural Areas), states that local planning authorities should, "provide for the sensitive exploitation of renewable energy sources in accordance with the policies set out in PPS22", while continuing, "to ensure that the quality and character of the wider countryside is protected and, where possible, enhanced."

6.36 The Devon Structure Plan contains a number of landscape policies of particular relevance. Policy CO1 states that, "the distinctive qualities and features of Devon's Landscape Character Zones should be sustained and enhanced. Policy CO2 requires particular care to be taken to ensure that development outside National Parks does not damage their natural beauty. It is concluded from the commentary in Section (8) above that this development does not accord with the spirit of these two policies.

Highway Considerations

6.37 The primary highway consideration is the means of access to the application site for construction traffic, (in particular long loads), the provision for on-going maintenance vehicles and visitors when the wind farm is in operation, and ultimately traffic associated with the decommissioning of the site.

6.38 The Applicants have identified one potential route to the site for the transportation of turbine components by road via the M5 Motorway to Junction 27, then along the A361 (North Devon Link road) to the Hayne Cross junction and then back along the B3227 to the site.

6.39 Appropriate conditions could be applied if planning consent is given to secure temporary off-site works required for the management of construction traffic as the first phase of the development. An agreement under Section 278 of the Highways Act 1980 with the Local Highway Authority, subsequent to the grant of planning consent, would ensure the appropriate design, specification, construction and drainage of the engineering works. Appropriate traffic management during the construction and decommissioning phases could be secured under a Section 106 Agreement, or a Grampian style planning condition. The suggested potential route is considered to be achievable and acceptable in highway network terms, subject to delivery of the identified works within the highway, together with appropriate accommodation works being secured. 6.40 Once construction operations are complete, the traffic attracted to the site is anticipated to be minimal, comprising on-going maintenance vehicles and visitors to the site. The application does not make provision for a visitor centre or visitor parking. The longer term impact on the highway network is viewed to be acceptable.

6.41 Subject to the imposition of conditions and completion of Section 278 and 106 Agreements to secure the necessary highways improvements and traffic management during construction and decommissioning phases, the necessary highway requirements could be achieved.

Nature Conservation Considerations

6.42 The application site comprises agriculturally improved and semi-improved grassland of limited nature conservation significance, although a number of features of some wildlife interest are present around the site, including hedges, small water features and valley woodlands.

6.43 There are no statutory or non-statutory nature conservation designations in the immediate vicinity of the application site. There are, however, four Culm grassland County Wildlife Sites located within 500 metres of it (plus a further, unconfirmed woodland County Wildlife Site), but it is considered that the proposed development should not result in any significant adverse impact upon these.

6.44 The ecological surveys which have been undertaken do confirm the presence of European Protected Species around the application site, notably bats peregrine falcon, merlin and hen harrier; badgers and dormice. However, mitigation measures to avoid adverse impacts have been identified, particularly in the construction phase with badger and dormouse works are proposed under Natural England licensing procedures. The applicants are also offering an extensive Habitat Enforcement Plan to restore and better manage the culm grassland areas.

6.45 It is not, therefore, considered that given the design of the wind farm and the mitigation measures proposed, there are any substantive grounds upon which to raise any strategic policy objection based on ecological considerations, but there does remain a need to secure measures to mitigate and compensate for the anticipated effects of the development. These should include:

1. A condition requiring the submission of a scheme to demonstrate how the loss of hedges (i.e. at the site entrances, and for the access tracks) have been minimised as far as practical and setting out those measures which will be taken to compensate for the unavoidable losses (i.e. which should include some new tree/shrub planting, a programme of enhancements to existing, retained hedges and the possible translocation of the short length of hedge which will be affected at the site entrance).

2. A condition relating to the timing of any vegetation clearance, to ensure that any potential risk to nesting birds is avoided.

3. A condition requiring the implementation of the Habitat Enhancement Plan in respect of the management of culm grassland within the application sites. Archaeological Considerations

6.46 The Cultural Heritage section of the applicant's Environmental Report has identified a number of archaeological sites that may be affected by the proposed construction of the turbines and access roads/tracks. Given the potential impact on these sites, it is considered that should the District Council be minded to grant planning permission, it should be subject to a condition (in accordance with PPS16 advice) requiring that no development takes place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved by the local planning authority; and that the development is thereafter carried out only in strict accordance with such a scheme. This will ensure that an appropriate record is made of any archaeological evidence that may be affected by the development.

6.47 The programme of work envisaged initially would take the form of the excavation of a series of evaluative trenches in affected areas such as the access tracks, service/cable trenches, turbine foundations and hedgebank crossings. These investigations would inform any required mitigation - which may include the micro re- siting of turbines and associated infrastructure or further archaeological excavation and investigation, and recording.

Sustainability Considerations

6.48 The proposed development has significant sustainability implications. By signing the Kyoto Climate Change Agreement, the UK Government committed itself to reducing its greenhouse gas emissions by 12.5% below 1990 levels over the period 2008 - 2012. To contribute to this commitment, the Government has set a target for 10% of electricity production to be supplied from renewable sources by the year 2010, with an aspiration to double this by 2020. Increased generation of renewable energy is also important for maintaining secure and competitive energy supplies within the UK, a prominent theme in the Government's ongoing Energy Review. These themes are reinforced in the publication on 17 December 2007 of the supplement to PPS1 on "Planning and Climate Change" which is the subject of a separate report to this Committee.

6.49 Planning Policy Statement 22: Renewable Energy (July 2004) promotes increased development of renewable energy resources in order to meet these commitments. PPS22 also states that the wider environmental and economic benefits of renewable energy projects should be given significant weight in determining applications.

6.50 Another aspect of sustainability, however is the quality of the environment within which the proposed wind farm would be located and a balancing judgement must be made as to whether a development of this magnitude would have an irreversible damaging effect on the environment within which it sits, such as to override the renewable energy benefits.

7. Conclusions

7.1 The determination of the County Council's response to the consultation on this proposal requires that the identified adverse environmental impacts be balanced against the national, regional and structure plan policies relating to the provision for renewable energy developments. The contribution that this development could make to Devon’s 151 MW renewable energy targets is a key factor. 7.2 The application site falls on the edge of the Area of Search for Strategic Wind Based Energy Production identified in the Devon Structure Plan. The Area of Search does not carry a presumption in favour of wind farm developments. The Structure Plan envisages that individual applications within the Area of Search will in any case need to be considered in the context of detailed assessments including landscape assessments and studies. In terms of the impact of the landscape, there clearly are impacts on the character of the LCZ in which the proposal is situated (Witheridge- Rackenford Moor), both local to the proposal site itself and also at greater distances. It is concluded that whilst such impacts are intermittent and varying, they constitute such an imposition of uncharacteristic features over a breadth of the landscape such as to be substantially adverse.

7.3 In addition the development would visually impact upon two neighbouring LCZs to the north, Exmoor Fringe and Exmoor Upland. The uncharacteristic nature of the proposal in relation to those two LCZs would result in an adverse impact on the visual amenity and character of both. It is considered therefore that this development should be regarded as being at variance with DSP policy CO1.

7.4 The development would be clearly visible from Exmoor National Park (approx 4km away at its nearest point). The introduction of what would be perceived as uncharacteristic and incongruous elements would adversely impact the character and special qualities of the National Park itself.

7.5 The proposal would also be widely visible as a close foreground element in views of the National Park from the south. The introduction of such uncharacteristic and incongruous elements in the setting of the National Park would also result in an adverse impact on its character and special qualities, and as such it is considered the proposed development would not accord with the provisions of DSP Policy CO2.

7.6 There would also be a visual impact on the landscape and character of the AGLV covering the Yeo Valley and the Exmoor Fringe. However, DSP Policy CO4 relates only to development within an AGLV so, notwithstanding this impact, the proposal should not be regarded to be in breach of the policy.

7.7 The impact on the setting of certain sections of the Two Moors Way is recognised but as the integrity of the route is not physically compromised, the proposal is not considered to conflict with DSP Policy TO6.

7.8 There are potential cumulative effects arising from other proposals in the area at Batsworthy Cross, Cross Moor and at Bickham Moor which would exacerbate most of the adverse impacts outlined above.

7.9 These impacts need then to be then balanced in the context of DSP policy CO12. This Policy indicates that landscape issues need to be judged against the provision requirements set out in CO12. The strategic contribution of 18 MW generating capacity of these 9 turbines combined with the currently proposed two turbines at Cross Moor needs to be weighed against the identified adverse landscape impacts on the qualities and special features of the landscape, including those of a National Park, a landscape of national importance. In this instance it is considered that greater weight should be given to these landscape concerns in the analysis of the various issues to be considered. 8. Reasons for Recommendation/Alternative Options Considered

8.1 The Committee has the options of objecting, raising no objection, or not responding to this consultation. It is considered that it would be unreasonable for the County Council not to respond to a consultation on a development of this importance. The proposed wind farm would make a contribution to meeting the sub-regional target for renewable energy production in Devon, and it is unlikely that this target will be achieved without significant contribution from on-shore wind energy developments. However, the key determining issue here is the balance between the need for this development to meet the agreed targets and the adverse impacts on the local and national landscape.

8.2 Although the proposed site is on the edge of the DSP's Area of Search for strategic wind based energy developments, its effect on the local landscape and its close proximity to the Exmoor National Park is considered such that North Devon District Council should be advised that the authority considers the proposal to be contrary to Policies CO1, and CO2 of the Devon Structure Plan. Edward Chorlton

Electoral Division: South Molton Rural

Local Government Act 1972

List of Background Papers

Contact for enquiries: Malcolm West

Room No: ABG

Tel No: (01392) 383234

Background Paper Date File Ref.

Application File Current 45489 Cross moor application Current 43580 Batsworthy Cross Current ab201207dca sc/three moor wind farm 6 hq 160108 Appendix I To EEC/08/15/HQ

Summary of Grid Connected Renewable Energy Projects in Devon - March 2007 (Including the current scheme)

(a) Existing Grid connected Renewable Energy Projects installed or with planning permission at December 2007. [Based upon REGEN SW published information*]:

10MW Landfill Gas *

6.5MW hydro *

1.5MW biogas *

1.0MW sewage gas *

2.7MW (3x0.9MW turbines) at Forestmoor, Stowford Cross Bradworthy commissioned March 2005.

3.9MW (3x1.3MW turbines) at Darracott Torrington. Allowed on appeal (April 2004). Not yet constructed.

66MW (22x3MW turbines) at Fullabrook (North Devon) (110m to tip) Planning Permission granted by DEBRR following Public Inquiry (November 2007). Not yet constructed.

0.65MW turbine at Swingdon, Clawton, (Torridge). Planning permission granted October 1998. Not yet constructed.

22.5MW (9x2.5MW turbines) at Denbrook. North Tawton (West Devon). Planning permission granted October 1998. allowed on appeal (Feb - 2007) (120m to tip) - not yet constructed.

Sub Total (a) 114.75MW

(b) Current grid connected renewable Energy Projects in the planning process:

22.5MW (9 x 2.5MW Wind Turbines) at Batsworthy Cross, Knowstone (North Devon) (100m to tip). Committee considered 14 Feb 2007. Not yet determined by NDDC.

3.6MW (2 x 1.8MW Community Wind Turbines) as part of Sherford New Community Planning Application (South Hams) (120m to tip). Not yet determined by SHDC.

5MW (2 x 2.5MW Turbines) at Cross Moor, Knowstone/East Anstey (North Devon District). Not yet determined by NDDC.

4.95MW (3 x 1.65MW Turbines) at Beech Tree Farm, East Allington (South Hams) (95m to tip). Appeal Lodged November 2007 . Amended Application resubmitted December 2007. (3 x 1.3 - 1.65 MW turbines - 100m to tip). Not yet determined by SHDC. 12MW (4 x 3 MW turbines) (110m to tip) wind cluster, Bickham Moor, Rackenford (Mid Devon) - Application lodged November 2007. Not yet determined by MDDC

9.2MW (4 x 2.3 mw turbines) (100m to tip), Stibbs Cross, (Torridge District) Application lodged December 2007. Not yet determined.

3MW Energy from Waste Scheme at Marsh Barton, Exeter (Exeter City). Permitted 2007 but not yet built.

18 (9 x 2MW turbines) (105 metres to tip of blade) at Three Moors, Knowstone (North Devon District). Application lodged November 2007. Not yet determined by NDDC.

(b) Sub-total (b) = 78.25MW)

Total (a) and (b) 193.0MW

(c) Pre planning but in public arena

6MW (3x 2 MW turbines) Wheelers Farm, Bradworthy (Torridge District).

8MW (4 x 2MW Turbines) Franklyn/Pillven Farm, Witheridge (North Devon District).

Sub Total (c) - 14MW

Total (a), (b) and (c) = 207.0MW

Appendix II To EEC/08/15/HQ

Planning Policy Considerations

National Planning Policy Guidance: PPS1 (Delivering Sustainable Development) (Including recently published Supplement on Planning and Climate Change); PPS7 (Sustainable Development in Rural Areas); PPG8 (Telecommunications); PPS9 (Biodiversity and Geological Conservation); PPS11 (Regional Spatial Strategies); PPS12 (Local Development Frameworks); PPG13 (Transport); PPG15 (Planning and the Historic Environment); PPG16 (Archaeology and Planning); PPS22 (Renewable Energy); PPS23 (Planning and Pollution Control); PPG24 (Planning and Noise) and the DCLG's Good Practice Guide on Planning and Tourism.

Regional Planning Guidance for the South West: RPG10: Policies SS20 (Rural Land including Urban Fringe Uses); EN1 (Landscape and Biodiversity); EN3 (The Historic Environment); and RE6 (Energy Generation and Use).

Devon Structure Plan 2001 - 2016 (Adopted October 2004): Policies ST1 (Sustainable Development); ST3 (Self Sufficiency of Devon s Communities); ST16 (Local Centres and Rural Areas); CO1 (Landscape Character and Local Distinctiveness); CO2 (National Parks); CO8 (Archaeology); CO9 (Biodiversity and Earth Science Diversity); CO10 (Protection of Nature Conservation Sites and Species); CO12 (Renewable Energy Developments); CO13 (Protecting Water Resources and Flood Defence); CO14 (Conserving Agricultural Land); CO16 (Noise Pollution); and TR10 (Strategic Road Network).

North Devon Local Plan 1995 2011 (Adopted July 2006): Policies DVS1A (Sustainable Development); DVS3 (Amenity Considerations); ENV1 (Development and Countryside); ENV4 (Exmoor National Park); ENV 7 (Agricultural Land); ENV8 (Biodiversity); ENV11 (Protected Species); ENV12 (Locally Important Wildlife or Geological Sites); ENV14 (Locally Important Archaeological Sites); TRA6 (General Highway Considerations) and ECN15 (Renewable Energy).

Devon County Waste Plan (Adopted June 2006): Policy WPC5 (Waste Audit) applies.

Emerging policy which may be regarded as a material consideration includes:

The Draft Regional Spatial Strategy for the South West: (June 2006): Policies SD1 (The Ecological Footprint); SD2 (Climate Change); SD3 (The Environment and Natural Resources); SD4 (Sustainable Communities; ENV1 (Protecting and Enhancing the Region's Natural and Historic Environment); ENV2 (Landscape Character Areas); ENV3 (Protected Landscapes); ENV4 (Nature Conservation); ENV5 (Historic Environment; RE1 (Renewable Electricity Targets: 2010 and 2020); RE3 (Renewable Heat Targets); RE4 (Meeting the Targets Through Development of New Resources); RE5 (Renewable Energy and New Development); RE6 (Water Resources; and RE7 (Sustainable Land Management).

Appendix III To EEC/07/15/HQ

Devon County Council Requirements in Event of North Devon District Council being minded to Grant Planning Permission

(i) the prior completion of a Section 106 agreement to secure a financial guarantee for the removal of the turbines off the site and restoration of the site after 25 years or in the event of prior cessation of operation; maintenance of a nature conservation management scheme; and off site noise monitoring for the duration of the development;

(ii) the prior completion of a Section 106 agreement/or the imposition of a Grampian condition to secure appropriate traffic management and off site highway works during the construction and decommissioning stages;

(iii) the prior completion of a Section 278 Agreement to secure the appropriate design, specification, construction and drainage of all off site highway works secured in (ii) above;

(iv) the imposition of planning conditions to secure:

(a) 25 year planning permission/reinstatement and decommissioning scheme;

(b) access details including drainage, and visibility and maintenance of access;

(c) nature conservation mitigation (including timing of vegetation clearance and further ecological survey works and the implementation of the Habitat Enhancement Plan) and monitoring scheme;

(d) archaeological survey, mitigation and recording scheme;

(e) detailed approval of micro-siting of turbines and any other engineering works;

(f) noise limits and mitigation scheme;

(g) hedgerow opening details, protection and reinstatements;

(h) details of grid connection;

(i) ice detection and mitigation systems.