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.