Planning Services_ MLeeds Leonardo Building .-. -CITY COUNCIL 2 Rossington Street LS2 8HD

DELEGATION REPORT

REPORT OF THE CHIEF PLANNING OFFICER

WARD: & Richmond Appl.icatio 08/03836/FU Hiil n: Address Knostrop Treatment Appl.icant: Water Services Work - S Walden Off Lane Cross Green Leeds LS9 OPJ

Propos a Erection of 1 wind turbine, with hardstandings, new and 1.: upgraded access tracks and electrical sub-station

RECOMMENDATION:

Approve subject to the following condition(s) :-

·.1) The development hereby permitted shall be carried out in accordance with the approved plans Figure 2 date stamped 9 July 2008, Figure 4a date stamped 9 July 2008, Planning Figures date stamped 9 July 2008, Transport Access Statement date stamped 9 July 2008, Protected Species Survey date stamped 13 August 2008, Swept Path Analysis Summary date stamped 20 October 2008, Phase 1 Habitat Survey date stamped 9 July 2008, Arboricultural Survey date stamped 9 July 2008, Noise Assessment date stamped 9 July 2008, Shadow Flicker Assessment date stamped 9 July 2008, Planning, Design and Access Statement date stamped 9 July 2008, Correspondence Folder date stamped 9 July 2008, Landscape and Visual Impact Assessment date stamped 9 July 2008, Additional Landscape and Visual Impact Assessment date stamped 3 December 2008, Additional Landscape and Visual Impact Assessment date stamped 20 February 2009, Additional Landscape and Visual Impact

·-·------Assessment date stamped 13 May 2009 and in accordance with the following conditions which shall in all cases take precedence.

For the avoidance of doubt and to ensure that the development is carried out fully in accordance with the approved plans.

2) The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Imposed pursuant to the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

3) No development shall commence until the details of the exact location and altitude of the turbine within the application area and the details of the anticipated period for construction have been submitted to and approved in writing by Local Planning Authority. The applicant shall also notify the Defence Geographic Centre, the Civil Aviation Authority, National Air Traffic Services, Leeds Airport and the Ministry of Defence of the exact latitude and longitude of turbine location and the anticipated period for construction. Copies of correspondence sent to these organisations shall be provided to the Local Planning Authority within 7 days of them having been dispatched. The development shall be carried out in accordance with the approved details.

In the interests of visual amenity and aircraft safety.

4) No development shall commence until full details of the turbine including the make, model, design, power rating, sound power levels, colour and finish have been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved details.

In the interests of. visual amenity, aircraft safety and occupiers of nearby property.

5) No development shall commence until details of the shadow flicker control system and its implementation have been submitted to and approved in writing by the Local Planning Authority. Once approved, the operation of the turbine shall take place in accordance with the approved shadow flicker mitigation scheme unless the Local Planning Authority gives its prior written consent to any variation.

To ensure that shadow flicker is minimised.

I ------· ·--·------6) No development shall commence until details of a landscaping scheme to replace any vegetation lost as part of the approved development and a timescale for implementation have been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved details.

To ensure that any lost habitat is replaced.

7) No development shall commence until an abnormal loads and associated traffic management plan has been submitted to and approved in writing by the Local Planning Authority and the Highways Agency. The development shall not be carried out other than in accordance with the approved details.

To ensure the safe and continued operation of the Strategic Road Network (A1) in the vicinity of the development and to comply with the current Department for Transport design standards.

8) No development shall commence until details of any ancillary equipment, fencing, mounding or structures, temporary or otherwise, to be constructed on site have been submitted to and approved in writing by the Local Planning Authority.

In the interests of visual amenity.

9) No development shall commence until a baseline television reception desk study has been undertaken by a qualified television engineer to identify any areas that may be affected by the operation of the turbine and has been submitted to and approved in writing by the Local Planning Authority. The submitted details shall identify works necessary to mitigate any adverse effects to domestic television signals in the identified areas caused by the development. Any claim by any person for domestic television picture loss or interference at their household within 12 months of the final commissioning of the wind turbine, shall be investigated by a qualified television engineer and the results submitted to the Local Planning Authority. Should any impairment to the television reception be determined by the qualified engineer as attributable to the wind turbine on the basis of the baseline reception study, such impairment shall be mitigated within 3 months of this decision according to the mitigation scheme outlined.

To ensure that television reception in the vicinity is unaffected.

10) The Local Planning Authority shall be given 7 days written notice of the commencement of the development. To ensure that the Local Planning Authority are informed of the commencement of development.

11) No construction works shall commence until all areas to be used by vehicles have been hard surfaced, sealed and drained unless otherwise agreed in writing with the Local Planning Authority.

In the interests of highway safety.

12) The turbine and any associated structures including fencing and ancillary equipment shall have been removed and the site restored within 25 years of the date. of the commencement of development or within 12 months of the turbine having last operated, whichever is the sooner.

To ensure the removal of all structures.

13) The operator shall log wind speed and wind direction data continually and shall retain the data which has been obtained for a period of no less than the previous 12 months. The data shall include the average wind speed in metres per second for each 10 minute period. The measuring periods shall be set to commence on the hour or in 10 minute increments thereafter. The wind speed data shall be made available to the Planning Authority on request. The data shall be provided in electronic format within 10 days of such a request. In the case the wind speed is measured at a height other than 10m, the data shall be supplemented by adjusted values which allow for wind shear, normalised to 10m height. Details of the wind shear calculation shall be provided.

In the interests of local amenity.

14) At the reasonable request of, and following a complaint to the Local Planning Authority relating the noise emissions from the wind turbine, the operator shall measure the level of noise emissions from the wind turbine. The measurement and calculation of noise levels shall be undertaken in accordance with 'The Assessment of Rating of Noise from Wind Farms', September 1996, ETSU report number ETSU-R-97. In comparing measured wind turbine noise levels with background noise levels, regard shall be had to the prevailing background noise levels as measured at specified properties in the information submitted with this planning application. In the event of a complaint from a property other than one of the specified properties, the measured wind turbine noise levels at that other property shall be compared to the prevailing background noise levels at the specified property which is most likely to have similar

----···---·- background noise levels. Regard shall also be had to the background noise levels during the quietest parts of the night. Should the noise levels detailed in the approved noise assessment be exceeded, or measurements following complaints indicate that the guidance as contained in ETSU is not being met, the wind turbine operator shall take steps forthwith to ·ensure that noise emissions from the wind farm are reduced to meet (or be lower than) the levels as contained within the application and to meet the guidelines within ETSU.

In the interests of local amenity.

15) No site clearance or removal of any trees, shrubs or other vegetation shall be carried out during the period 1 March to 31 August inclusive unless otherwise agreed in writing with the Local Planning Authority.

To protect nesting birds.

16) In granting permission for this development the City Council has taken into account all material planning considerations including those arising from the comments of any statutory and other consultees, public representations about the application and Government Guidance and Policy as detailed in the Planning Policy Guidance Notes and Statements, and (as specified below) the content and policies within Supplementary Planning Guidance (SPG) and The Development Plan consisting of The Yorkshire and Humber Plan - Regional Spatial Strategy 2008 (RSS) and the Leeds Unitary Development Plan Review 2006 (UDPR).

N37: Special Landscape Areas; N28: Historic Parks and Gardens; N29: Sites and Monuments of Archaeological Importance; E3: Employment (Existing Supply); E4: Employment (New Proposals); N54: Renewable Energy; GP5: General Development Policy.

On balance, the City Council considers the development would not give rise to any unacceptable consequences for the environment, community or other public interests of acknowledged importance.

For information:-

The developer should contact the Abnormal Loads Officer (0113 2476174) in relation to finalising the delivery route to the site. This recommendation relates to the following Approved Plans

I Plan Type I Plan Reference I Version I Received

I Proposed Elevations and Floor Plans I4A I o9.o7.2oo8

I Noise AttenuationScheme I AAC/122612-10/R01 1 o9.o7.2oo8

I Design and Access Statement 1122612 I o9.o7.2oo8

I Other I FLICKER I 09.07.2008 ASSESSMENT

I Other I PHASE 1 HABITIAT I o9.o7 .2oo8

Correspondence WIND ENERGY 09.07.2008 SCHEME

I Transport Impact Assessment I o9.o7.2oo8

Other LANDSNISUAL 09.07.2008 ASSESSMENT

Single Plan showing all information A3 RING BINDER 09.07.2008

I Site Location Plan/Red Line I FIGURE2 1 o9.o7 .2oo8

I Arboricultural Survey 18640/AW I o9.o7 .2oo8

I Landscape Scheme I FIGURE 1 I o9.o7 .2oo8

Other PROTECTED 13.08.2008 SPECIES REPORT

Other 122612-QO/GM Swept 20.10.2008 path analysis

Other VISUAL IMPACT 03.12.2008 ASSESMEMT

Other LANDS/ VISUAL 122612- 20.02.2009 IMPACT 10 ASSESSMENT

------I Photographs I P1 I 13.o5.2oo9

I Photographs I P2 I 13.o5.2oo9

Other LVIAREPORT 13.05.2009 ADDITIONAL

I Correspondence I MEMORANDUM 113.05.2009

Originator: Clive Leeds Saul CITY COUNCIL

Report of the Chief Planning Officer

PLANS PANEL EAST

Date: 4th June 2009

Subject: Application 08/03836/FU - Erection of 1 wind turbine at Knostrop Waste Water Treatment Works

APPLICANT DATE VALID TARGET DATE Yorkshire Water gth July 2008 3rd September 2008 Services Ltd Electoral Wards Affected: Burmantofts & Richmond Hill & D D

ard Members consulted D D referred ~o in report)

Specific Implications For:

Equality and Diversity

Community Cohesion

Narrowing the Gap

RECOMMENDATION: GRANT PERMISSION subject to the following conditions and any other conditions deemed appropriate by the Chief Planning Officer

1. Approved plans and documents.

2. Development to commence within 3 years.

3. Details of micro-siting of turbine to be submitted to LPA.

4. Details of turbine to be submitted (including colour) to.LPA.

5. Details of shadow flicker control system to be submitted to LPA.

6. Data recording and submission to LPA.

7. Noise monitoring upon request by LPA.

8. Scheme for provision of replacement planting.

9. Pre-start check for badgers (within a month of prior to commencement) .

10. Abnormal load routes and associated traffic management plan to be submitted prior to commencement of development.

------11. Removal of structures outside of bird nesting season.

12. Colour and finish of turbine to be agreed with LPA.

13. Details of ancillary equipment, fencing or structures to be agreed with LPA.

14. All.areas to be used by vehicles to be hard surfaced, sealed and drained.

15. Details of bird monitoring scheme.

16. Submission of details to demonstrate acceptability to CAA.

17. Written notification of start of construction;

18. Written notification of final turbine details;

19. Written not~fication of exact latitude and longitude of turbine;

20. Turbine removed and site restored within 25 years of commencement of operation or within 12 months of the turbine having last operated (whichever is the sooner).

Reasons for approva1: The application is considered to comply with policies N28, N29, N37, N54, E3, E4 and GP5 of the UDP Review, as well as guidance contained within PPSl, PPS9, PPS22, PPG15 and PPG24 and, having regard to all other material considerations, is considered acceptable.

1.0 INTRODUCTION: 1.1 This application is reported to Plans Panel due to its sensitivity. It should be noted that this report was previously presented to Plans Panel on 9th April 2009 and was deferred pending further information and clarification. Significant amendments to the original report are shown as italics in this report.

2.0 PROPOSAL: 2.1 The application is for the installation of one wind turbine to produce electricity for use by the Knostrop Waste Water Treatment Works (WWTW) .

2.2 The proposal includes the installation of one 2.5MW wind turbine, ancillary equipment, onsite infrastructure and a mixture of temporary and permanent on-site construction route access improvements. 2.3 The wind turbine is expected to be operational for a period of 25 years, after which time the turbine would be assessed and, if necessary, a new consent would be required for its retention. Should the turbine not be replaced all above ground structures would be removed and the ground surface reinstated to its former condition.

2.4 The proposed turbine would comprise a three-bladed rotor of 90m in diameter, supported on a cylindrical tower with a hub height of BOrn and a maximum tip height of 125m. The turbine would have a maximum generating capacity of 2.5MW. The on­ site construction period, including preparation of the construction site, would be approximately six months.

2.5 The turbine delivery off-site access route that has been proposed is via the Ml, onto the East Leeds Link Road (ELLR) I Pontefract Lane at junction 45. The transport route would then follow the ELLR into the Cross Green Industrial Estate and enter the site via Knowsthorpe Gate and Knowsthorpe Road. This access is already utilised by the applicant for heavy loads.

2.6 In summary, the proposal comprises the following on-site components:-

D 1 wind turbine; D turbine foundation; D hardstanding area for erecting cranes at the turbine location; D approx 90m of new access track and upgraded internal site access roads; D temporary modifications to internal site roads; D underground cable network linking turbine to WWTW site electricity supply; D Glass Reinforced Plastic (GRP) substation; D a temporary construction compound.

3.0 SITE AND SURROUNDINGS: 3.1 The application site lies in an industrial area approximately 4km .to the south-east of Leeds City Centre, within Yorkshire Water's Knostrop WWTW. The WWTW is located in an industrial area, being bounded by the East Leeds Link Road (ELLR) which has recently opened, the Ml motorway, the and Cross Green Industrial Estate.

3.2 The only residential dwelling in the immediate vicinity of the site is a single farm house at Skelton Moor Farm. In the wider area are the settlements of , Colton, , Stourton and Richmond Hill. Temple Newsam House lies approximately 1.6km to the east of the site.

3~3 The WWTW is one of the largest in the region (100 hectares) and serves around 1.1 million people, treating 456,500 cubic metres of sewage, every day. The WWTW is currently undergoing major improvement works to ensure the site complies with the Freshwater Fish Directive.

4.0 RELEVANT PLANNING HISTORY: 4.1 Planning permission for a temporary 50m wind monitoring mast was issued on 11th June 2007 reference 07/2683/FU. The mast is required to be removed by 30th June 2012. The remainder of the Knostrop WWTW site has a very complex planning history but no other permissions are relevant to this proposal.

5.0 HISTORY OF NEGOTIATIONS: 5.1 There are no significant negotiations to report.

6.0 PUBLIC/LOCAL RESPONSE: 6.1 Councillors Brett and Pryke have submitted representations supporting the application. The Aire Valley Marketing Group has also submitted a letter of support.

6.2 The application was advertised as a major application with an Environmental Statement by means of site notices, posted 28th July 2008 and by press notice, published 31st July 2008. The publicity period expired on 21st August 2008. Additional montages and information were submitted on 13th May 2009 and advertised by site notice posted 18th May 2009. The extended publicity period expired on 1st June 2009. 7.0 CONSULTATION RESPONSES:

7.1 Statutory 7 .1.1 Yorkshire & Humber Assembly - application not of a strategic nature and therefore do not have any significant comments; 7 .1.2 Yorkshire Water - no comments received; 7 .1.3 Leeds Bradford Airport - no objection; 7 .1. 4 English Heritage - initial concerns over assessment of impacts upon Thwaite Mill and Temple Newsam House and Estate. Additional information and analysis submitted to which English Heritage comment that the turbine would present a new visual focus in certain views across the Temple Newsam Registered Park and Garden which provides the setting to the Grade I listed house. It would also be seen in some views from the house. In particular, the view from Temple Newsam Road would represent a new increased scale of intrusion at a relatively close distance; 7 .1. 5 Environment Agency - initial erroneous objection on flood risk withdrawn - no objection; 7 .1. 6 Highways Agency - no objection subject to condition requiring abnormal load and associated traffic management plan be submitted prior to commencement of development; 7 .1. 7 Natural - ecological assessments acceptable - no objection; 7 .1. 8 National Grid - no objection; 7 .1. 9 Civil Aviation Authority - no objection - information provided; 7.1.10 Coal Authority - application site is within coal mining area which the applicants will need to take account of - no objection.

7.2 Non Statutory 7.2.1 CPRE - no objection; 7.2.2 Joint Radio Company - no objection; 7.2.3 Policy - support sustainable energy proposal, possible precursor to further sustainable initiatives in the area; note proximity of East Leeds Link Road, size of turbine, visual impact, potential impact upon future development; 7.2.4 Neighbourhoods and Housing - no objection - conditions recommended; 7.2.5 Highways - no objection subject to satisfactory arrangements for delivery of turbine; 7.2.6 Mains Drainage - no comments received; 7.2.7 Landscape - concerns with the potential for adverse impact in relation to Temple Newsam House and Estate from a limited number of viewpoints; 7. 2. 8 Nature Conservation - no objection - pre-start check for badgers, replacement planting and removal of any structures to be carried out outside of bird nesting season; 7.2.9 Public Rights of Way - no objection; 7.2.10 RSPB - no formal comments received; 7.2.11 Yorkshire Wildlife Trust - no objection - recommend setting up of bird monitoring programme to provide data on how turbines affect bird populations. Also pre-start check for badgers recommended; 7.2.12 Ministry of Defence - no objection; 7.2.13 National Air Traffic Services - no objection; 7.2.14 CSS Spectrum Management Services Ltd - no objection to siting of turbine in relation to UHF Radio Scanning Telemetry communication in the region; 7.2.15 OFCOM - information provided relating to fixed links - no objection; 7.2.16 Yorkshire Electricity Distribution- no comments received; 7.2.17 Ramblers Association- no comments received. 8.0 PLANNING POLICIES: 8.1 When determining any planning application, appropriate weight must be given to any relevant national policy, development plan policy and informal planning guidance. In particular, as set out in Section 38 of the Planning & Compulsory Purchase Act 2004, the application must be determined in accordance with any relevant development plan unless material considerations indicate otherwise.

8.2 National The Energy White Paper (2007); Planning Policy Statement 1: Delivering Sustainable Development; Planning Policy Statement 22: Renewable Energy; Planning Policy Guidance Note 24: Planning and Noise.

8.3 Regional Regional Energy Infrastructure Strategy; Regional Spatial Strategy for Yorkshire and the Humber:­ Policy YH2: Climate Change and Resource Use; Policy ENV5: Energy; Policy LCRl: Leeds City Region; ·Regional Energy Infrastructure Strategy.

8.4 Local (UDP Review 2006) N37: Special Landscape Areas; N28: Historic Parks and Gardens; N29: Sites and Monuments of Archaeological Importance; E3: Employment (Existing Supply); E4: Employment (New Proposals); N54:. Renewable Energy; GP5: General Development Policy.

9.0 MAIN ISSUES l.Principle of Development 2.Landscape, Visual Impact & Cultural Heritage 3.Shadow Flicker 4.Noise 5.General

10.0 APPRAISAL 10.1 Principle of development 10.1.1 PPS22 provides the main guidance against which renewable energy proposals should be assessed. The guidance states that positive planning which facilitates renewable energy developments can contribute to meeting the aims of the Government's sustainable development strategy, namely to ensure:- 0 Social progress - ensuring that all homes are adequately and affordably heated; 0 Effective protection of the environment -_through a reduction in greenhouse gas emissions;· 0 Prudent use of natural resources - reducing the reliance on fossil fuels and; 0 Maintaining high and stable levels of economic growth and employment - through job creation and development of new technologies.

10.1.2 With reference to the Companion Guide of PPS22, in determining a planning application for a renewable energy facility, Local Planning Authorities must assess the case for each project put forward by a developer and come to an objective view on:-

0 the extent to which the project is in conformity with the development plan, in particular relevant criteria-based policies and any 'broad area' policies in RSS; 0 the extent to which the reasons for any area based designations may be compromised; 0 the extent of any positive or negative impacts, and the means by which they may be mitigated, if negative; and, 0 the contribution towards meeting the regional target, but recognising that a small contribution cannot be in itself a reason for refusal of permission.

10.1.3 In considering an application, the following questions should be answered:-

0 Does the proposal satisfy the relevant criteria-based policies in RSS and detailed local policies? It is considered that the principle of the proposed wind turbine is supported by national, regional and local policy. It should be noted that although targets for renewable energy provision have been set by the Government, this development would be unlikely to count towards the specific targets as the energy produced would most probably contribute towards the operation of the WWTW rather than to the National Grid, unless exceptional circumstances occurred.

0 How significant is any non-compliance? Could this be dealt with by condition or by requiring measures ~n a planning obligation (Section 106 Agreement) which mitigate adverse impacts? Not applicable in this particular development proposal. D Have application-specific matters such as landscape and cumulative visual impact been properly addressed? The main potential impacts from the development are discussed in more detail in the following sections.

D Could measures be taken to mitigate impacts during construction and after the plant is in operation? Measures are proposed to be taken during construction to screen the compound area, however, due to the size· of the proposed turbine, no direct mitigation is proposed except for the installation of a flicker control system to ensure that shadow flicker does not cause unacceptable impact upon the premises to the north-east of the site.

D Can a condition be applied to cover restoration of the site should operations cease? The applicant has applied for a 25 year permission, after which time the turbine would be dismantled unless a further permission for its retention or replacement is granted. It is also proposed to condition any consent so that if the turbine ceased to operate for more than a 12 month period, it would be dismantled and the site restored.

10.1.4 The Government outlined its commitment to renewable energy resources in 'New and Renewable Energy, Prospects for the 21st Century', a document originally issued in March 1999. The key aims of the Government's policies are:-

D to assist the UK to meet national and international targets for the reduction of emissions including greenhouse gases; D to assist the UK renewables industry to become competitive in home and export markets; D to help to provide secure, diverse, sustainable and competitive energy supplies; D to stimulate the development of new technologies in order to support the contribution from renewables in the long term; and D to contribute to rural development.

10.1.5 The Energy White Paper- 'Our Energy Future, Creating a Low Carbon Economy' (2003) recognises the need to reduce carbon dioxide emissions significantly and-aims to strengthen the contribution of both energy efficiency and renewable energy sources. It is widely accepted that a dramatic change in the rate of introduction of renewable generating capacity will be required if the Government renewable energy generation targets. 10.1.6 Planning Policy Statement 1: Delivering Sustainable Development (February 2005) .. The key relevant aims of PPSl are to effectively protect and enhance the environment, promote the prudent use of natural resources, protect and enhance the natural and historic environment and address the causes and potential impacts of climate change.

10.1.7 The supplement to PPSl, Planning and Climate Change, states the Government believes that climate change is the greatest long-term challenge facing the world today. Addressing climate change is therefore the Government's principle concern for sustainable development. The planning system should help to secure enduring progress against the UK's emissions targets by direct influence on energy use and emissions.

10.1.8 In terms of local policy, UDP policy N54 states that proposals for the development of renewable energy resources will in general be supported in accordance with the principles of the green strategy and the securing of sustainable development but that such proposals should be assessed against policy GPS and national planning guidance.

10.1.9 A number of employment allocations (E3 I E4) apply to the Knostrop site and to the immediate surrounding areas. The impact of the turbines on future developments within the area has been considered as part of the submitted noise assessment.

10.1.10 Policy N28 refers to Historic Parks and Gardens and confirms that such designated sites should be afforded protection from development which would materially harm their historic interest.

10.1.11 Policy N37 is relevant as the land to the east of the site lies within a Special Landscape Area. However, N37 confirms that development would be acceptable provided it would not seriously harm the character and appearance of the landscape.

10.1.12 In summary, national, regional and local policy supports the renewable energy development proposals, provided that careful consideration is given to the environmental impacts of the proposals. Regional policy supports renewable energy development and sets targets for generating.

10.1.13 It is therefore considered that the principle of the proposed development is supported by national, regional and local policies, subject to detailed assessment under policies N27 and N38.

10.2 Landscape, Visual Impact and Cultural Heritage 10.2.1 The turbine would have a hub height of BOrn and a rotor diameter of 90m. The maximum height of the turbine to blade tip would therefore be 125m. The turbine would comprise 3 blades, hun and tower and would be coloured either matt white or mid-grey.

10.2.2 There is no doubt that a structure of this size will be a prominent visual focus from many viewpoints within the Aire Valley and from surrounding higher ground. The main viewpoints have been identified within the Landscape and Visual Impact Assessment and a selection of wire frame models and photomontages have been produced to enable an assessment to be undertaken of the turbine's potential impact upon visually sensitive locations.

10.2.3 Of principal note are the potential visual impacts in views from, within and across the Registered Park at Temple Newsam. Many of these viewpoints currently afford attractive views from within and across the northern part of the registered park to the perimeter plantations and beyond across and up the Aire Valley. In the distance there are numerous existing intrusions including pylons, warehouses and city centre tower blocks. These are generally below the horizon and are usually relatively recessive due to the effects of distance .and frequent hazy weather conditions. In contrast the turbine would extend well above the horizon and be relatively close so that the effects of haze and distance would not be very significant.

10.2.4 The turbine also has the potential to adversely affect the setting of the Grade I listed Temple Newsam House particularly if seen in views from the Avenue and the Grade II listed Temple within the Estate. There is also the potential for marginal glimpses of the rotor from the rising ground south-east of the house.

10.2.5 A total of 16 viewpoints have been assessed. The following is a summary of the principal viewpoints.

10.2.6 Junction 45 of the Ml (connecting with East Leeds Link Road) The junction is elevated above the Ml motorway and provides access from the Ml to the Leeds city centre along Pontefract Lane, now one of the main vehicular entrance points to Leeds following the recent upgrade of the road system. Open views towards the Knostrop WWTW and the centre of Leeds are possible from this viewpoint and clear, unobstructed views of the proposed turbine would be available from this location.

10.2.7 However, numerous vertical elements including lighting columns either side of the ELL, 49m pylons and lighting columns associated with the Knostrop WWTW would be present within this vista. However, the proposed turbine will introduce movement to the view which could draw the eye. The proposed turbine would be clearly visible especially when sunlit (generally late morning to early afternoon) but would be less prominent on a dull day against a pale sky. The proposed turbine viewed from this location on the approach to the city from the M1, with the city centre in the distant background, could be viewed as a very positive feature for the city in terms of its support for renewable energy. It is considered that although the turbine would be prominent from this location, that it would not cause unacceptable adverse impact.

10.2.8 Rooms and Roof of Temple Newsam House Temple Newsam House is a Grade I Listed Building, open to the public and is located to the east of the centre of Leeds. The house itself lies around 1.6km to the east of the application site.

10.2.9 Views from the rooms of the house towards the west are generally screened by intervening vegetation in the form of a small area of woodland located in close proximity to the house. This area of mature woodland is reinforced by an area of semi mature woodland within the golf course. However, it should be noted that it may be possible to catch glimpses of the moving blades through the vegetation during the winter months.

10.2.10 The top half of the proposed turbine and the Knostrop WWTW would be visible when standing on top of the roof of Temple Newsam House. Although there is no public access to the roof various dignitaries and other visitors are taken on to the roof on occasion.

10.2.11 It is considered that the adverse impact upon views from Temple Newsam House would not be significant due to the lack of public access on to the roof and the limited visibility of the turbine blades from the rooms. being restricted to wint~r months.

10.2.12 The Avenue (and seating area adjacent), Temple Newsam The main entrance to Temple Newsam was once approached from the east along The Avenue over the Grade II listed bridge across the Avenue ponds. (No views of Temple News am house are possible from the bridge.) Given the undulating nature of the route, where views to the west are possible they are generally focused on the Temple Newsam House, framed by the surrounding woodland. Views begin to open up as the route passes through a clearing in the trees where it begins to diverge from its previously straight line. These viewpoints lie approximately 3km east of the proposed turbine.

10.2.13 These viewpoints and the surrounding area allow good views of Temple Newsam House and its immediate 'classic' setting. As one continues along the drive towards the house or further down the slope towards the public footpath views of the house become partially obscured by intervening vegetation. It is considered that these viewpoints are particularly important in terms of the setting of Temple Newsam House.

10.2.14 The submitted assessment indicates that although the tower and the lower part of the rotational sweep of the turbine blades would be obscured by topography from this viewpoint, most of the upper sweep would be above the tree line formed by 'Pegasus Wood' which runs along the ridge south from the house. Two trees in the foreground give some filtering of the view, particularly in summer, but this screening is limited to specific locations and as one moves down the slope the upper sweep of the turbines could become more apparent.

10.2.15 It is considered that if the blades were visible through the trees during winter months then the associated movement has the potential to draw the eye and cause distraction from this classic view of the house and its setting. However, the turbine would largely be viewed from this location at a distance of some 3km through fairly dense vegetation for most of the year. Further visual analysis has been undertaken and it has been shown that the clump of mature trees between this viewpoint and the turbine would largely screen the turbine but the tips of the blades may still be apparent on occasions, depending upon climatic and operational conditions.

10.2.16 It is therefore concluded that although the impacts of this view can only be based upon the submitted wire frames and photomontages, the potential adverse impact should be confined to a relatively confined area immediately west of the seating area on the Avenue and therefore taking into account the screening that would be possible, it is considered that the visual impact would not affect the setting of the listed building to an unacceptable degree. 10.2.17 Little Temple (Temple Newsam Estate) This viewpoint at the Little Temple is located approximately 2.7km east of the proposed turbine.

10.2.18 The Little Temple, a Grade II Listed Building, was built circa 1765 as part of the redesign of the grounds at Temple Newsam undertaken by Capability Brown in the mid 18th Century. The Little Temple was positioned in the landscape, surrounded by woodland to act as focal point in views to the east from Temple Newsam House and as a viewpoint from which to view the house in its landscape setting.

10.2.19 Generally open views from the Little Temple towards Temple Newsam House over the surrounding parkland are possible. As one moves away from the site of the Temple screening of the views from intervening vegetation increases. Mixed age tree planting along the ridge to the south of Temple Newsam House helps screen longer distance views to the west towards the centre of Leeds.

10.2.20 The submitted wire frame montage indicates that the tower and the blades sweep would be almost entirely obscured by the topography and intervening vegetation from this viewpoint. However, it is noted that the very tops of the blades may be visible above the trees and in winter the moving blades could be noticeable through the leafless trees. It is concluded that there would be potential for minor adverse impact from this viewpoint. However, the intervening vegetation is not yet fully mature and has the potential for further growth which could help screen the turbine from the view entirely. It is therefore considered that although there might be some adverse impact upon this viewpoint, this would not be so significant as to be unacceptable and it is likely that any adverse impact would diminish as the trees matured.

10.2.21 Kennel Hill (Temple Newsam Estate) Much of the Temple Newsam Estate is heavily wooded which restricts views out of the Registered park. This viewpoint, from which open views over the Knostrop WWTW and Cross Green towards Leeds City centre are possible, is located 1.9km east of the proposed turbine on Kennel Hill which lies to the south of Temple Newsam House .. The whole of the turbine blades would be visible from this viewpoint. The lower half of the turbine tower would be screened by intervening vegetation o·n Temple Newsam Golf Course. The proposed turbine would be viewed against the backdrop of Leeds and the Aire Valley. Vertical elements such are present within this view; however the proposed turbine will introduce movement to the view which will draw the eye. 10.2.22 Taking into account that the Temple Newsam House is not present in this vista and the view is of the city and surround industrial areas, i.t is considered that the adverse visual impact from this viewpoint would not be unacceptable.

10.2.23 Dunstans Hill, to the south east of Temple Newsam House This viewpoint is located approximately 2km east of the proposed turbine within an open area of the Registered parkland south east of Temple Newsam House. This viewpoint and the surrounding area allow good views of Temple Newsam House and its immediate setting.

10.2.24 The submitted wire frame montage indicates that part of the tower and the lower part of the rotational sweep of the turbine blades would be obscured by topography from this viewpoint. Further screening of the turbine would occur as a result of intervening vegetation; however the blade tips of the proposed turbine may be visible between the intervening tree planting, especially during the winter months when there are no leaves on the trees. It should be noted that this tree planting is semi mature and the level of screening afforded by is likely to increase as the trees mature and increase in both height and spread. Overall it is considered that the proposed turbine would have a minor adverse effect on this viewpoint but that this impact would not be unacceptable in landscape terms.

10.2.25 Halton Moor Several viewpoints are considered from this area. The first viewpoint, located 0.8 km north east of the proposed turbine, within the agricultural land, is on the bridleway through generally open arable farmland, which forms part of . Woodland cover increases to east of this viewpoint.

10.2.26 The proposed turbine would form a highly prominent element from this viewpoint. The proposed turbine would be visible against a part landscape and part sky backdrop. The effect on this viewpoint is considered to be significant.

10.2.27 The viewpoint from the southern end of Halton Moor Estate has also been assessed. This viewpoint, located approximately lkm north east of the proposed turbine, is on a small area of open space at the junction of Cartmel Road and Halton Moor Road. This viewpoint is approximately 200m north of the viewpoint referred to above. 10.2.28 The housing stock within the estate comprises a mixture of semi detached properties and short terraces with blocks of flats located on the lower ground in the south west of the estate. The housing is predominantly laid out in a non­ geometric fashion along a series of interlinking crescents and cu1-de-sacs. As a result the housing is orientated in several directions with a large proportion of properties facing broadly west. Few properties within the estate are oriented so they directly face the proposed turbine location.

10.2.29 Frequent small pockets of open space are located throughout the estate; tree cover is generally confined to rear gardens within the estate. An area of deciduous woodland is located to the south east of the estate with the Temple News am· Golf Course located beyond. A large area of open space associated with the lightly wooded shallow valley is located to the west of the estate. A network of meandering paths runs through this open space.

10.2.30 The viewpoint is surrounded on three sides by semi. detached and short terraces of housing, with a row of semi detached properties located immediately to the north of the viewpoint. A small area of car parking is located in front of the viewpoint.

10.2.31 Open views across the open arable field associated with Skelton Moor Farm to the south of the estate to the Knostrop WWTW, the commercial I light industrial works at Stourton and beyond are possible from the viewpoint. Viewpoints are generally from residential areas and roads. Residential areas are considered to be among the most sensitive visually and as a result this location would have a high sensitivity to change.

10.2.32 The rear of the semi detached properties to the immediate north of the viewpoint face the proposed turbine location and direct views of the proposed turbine would be possible. The proposed turbine would form a highly prominent element in views from this viewpoint (illustrated within photomontage). Intervening topography would provide some limited screening of the base and lower section of the turbine; however the upper section of the proposed turbine, including the entire blade sweep would be visible from this location. The proposed turbine would be visible in conjunction with several other vertical element.including lighting columns and pylons.

10.2.33 It is considered that given the level of change in the view possible from this viewpoint and the high sensitivity of residential areas, the proposed development would have a major adverse effect on this viewpoint. The effect on this viewpoint from the proposed development is therefore considered to be significant.

10.2.34 An additional viewpoint, located approximately 1.2km north of the proposed turbine on Cartmell Road in the west of the Halton Moor estate has also been considered. The block of flats at Lakeland Court is located approximately 200m south of the viewpoint. The flats located on the south eastern side of the block of flats would have oblique views of the proposed turbine.

10.2.35 Viewpoint receptors generally consist of residential receptors and road users. Residential viewpoints are considered to be among the most sensitive locations and as a result this location would have a high sensitivity to change for these receptors.

10.2.36 The proposed turbine would form a prominent element in views from this viewpoint. Intervening vegetation would provide some screening of the base and lower section of the turbine; however the upper section of the proposed turbine, including the majority of the blade sweep would be visible from this location.

10.2.37 It is considered that given the level of change in the view possible from this viewpoint and the high I medium sensitivity of the viewpoint, the proposed development would have a major I moderate adverse effect on this viewpoint. The effect on this viewpoint from the proposed development is therefore considered to be significant.

10.2.38 It is considered that the landscape and visual effects during the construction phase of the proposed development would be limited both by the short duration of this part of the development and because of the large amount of construction activity currently occurring at the Knostrop WWTW site. The greatest impact on the landscape and visual amenity of the study area is likely to occur during the 25 year operational phase of the proposed turbine.

10.2.39 Overall it is considered that the proposed turbine would have a significant impact upon the two additional viewpoints considered from within the Halton Moor Estate. The proposed turbine would undoubtedly be visible from various locations within the estate and surrounding area. However, in contrast with the relatively open views afforded from the assessment viewpoints, there are few properties orientated directly towards the proposed turbine location. Most properties would only experience oblique or no views of the proposed turbine. Intervening buildings within the estate and vegetation would provide some screening of views. Importantly, it should also be noted that the land between the southern edge of the estate and the East Leeds Link Road is earmarked for future development and has outline permission for Bl/B2/B8 development with supporting hotel, creche and A2/A3/A4 uses.

10.2.40 Temple Newsam Road This viewpoint, 1.6km north east from the proposed turbine is located within the registered park on the edge of the Temple Newsam golf course in close proximity to Temple Newsam Road.

10.2.41 Open views across Temple Newsam golf course towards the Knostrop WWTW site and Leeds city centre are possible from this location. In addition the elevated southern areas of Leeds including the residential area of Middleton are possible from viewpoint. Woodland planting within the golf course provides some screening of ground level activities at the WWTW. The·cranes which are currently operating on the Knostrop WWTW site are visible in these open views. The viewpoint, the golf course and the running track to the north lie within the Grade II registered grounds of Temple Newsam. English Heritage highlighted this viewpoint of particular importance in their consultation response.

10.2.42 The hub and the full extent of the blade sweep would be visible, most of it viewed against the sky above an urban backdrop. Overall it is considered that the proposed turbine would have a moderate adverse effect on this viewpoint. However, when considering this viewpoint in terms of the setting of Temple Newsam House and its registered parkland grounds, it should be noted that the existing view from this location is of principally of an industrial valley. Although the proposed turbine would introduce a new focus and intrusion into the view, it is considered that such a structure would not appear out of place within the industrial setting and the submitted photomontage supports this opinion.

10.2.43 Thwaite Mills is a complex of six Grade II listed buildings, located on an island between the River Aire and the Aire & Calder Navigation.

10.2.44 The main Thwaite Mills building is a three storey building with windows on the east and west facades. The main windows of Thwaite House, a two storey building built in 1823, are on east and west facades. Oblique views are possible from the upper storeys of these buildings towards the Knostrop WWTW site; however intervening vegetation provides screening of lower elements within the views. Views from the outside the buildings are generally restricted by other buildings within the Thwaite Mills Museum complex or by intervening vegetation, both within the mill grounds and on the opposite side of the river.

10.2.45 This viewpoint lies approximately l.lkm south west of the proposed turbine. The vegetation on the opposite bank of the Aire and Calder Navigation screens views of the built development at Knostrop WWTW and, in general, the surrounding development. However it is possible to view the overhead power lines which pass over the Thwaite Mills site (an associated 49m pylon is located within the grounds of the mill) and of one of the units in the south of the Cross Green industrial Estate from this viewpoint loca'tion. The upper part of the turbine would be visible from this location with the lower part of the turbine and associated lower level infrastructure obscured by intervening vegetation. It is acknowledged that visibility to the north may open up during the winter months when the leaves have fallen from the trees. Overall it is considered that the proposed turbine would have a moderate adverse effect on this viewpoint but that taking into account the existing national grid pylons and intervening vegetation present within the vista, the visual impact is not considered to be unacceptable.

10.2.46 Colton Lane The viewpoint on Colton Lane, approximately 3.5km east north east of the proposed turbine, is located just off the footpath which runs along the minor road through Colton.

10.2.47 Views from Colton Lane across Temple Newsam Park to the House and towards the southern residential areas of Leeds are possible from this viewpoint. Properties within the Colton Conservation Area, which lies between the viewpoint and the proposed turbine, are generally obscured by intervening vegetation. However, individual properties may be visible during the winter months when there are no leaves on the trees.

10.2.48 The proposed turbine would be partially screened by the intervening vegetation. However, the upper half of the blade sweep would be visible and although not dominant in the view the movement of the blades could potentially attract the viewer's eye. The turbine may be more visible in the winter months when the intervening vegetation has lost its leaves. 10.2.49 General Various distant views of the turbine would also be available. Several of these views have been assessed and it is considered that the visual impacts of such long distance views, for example from Middleton Clearings, would not be significant.

10.2.50 The potential effects of views of the turbine on the setting of the Grade 1 Temple Newsam House and Registered Park should be recognised. Views of the turbine are most apparent from Temple Newsam Road and from Kennel Hill. However, these vistas do not incorporate the House itself and are views from the Registered Park, against the backdrop of an industrial valley. Although these views are important to consider, it is concluded that any adverse visual impact from these viewpoints is not of a degree that would be considered harmful or unacceptable.

10.2.51 The principal viewpoints of concern are those from the Avenue and the Little Temple. Both these views comprise 'classic' vistas of Temple Newsam House and its grounds. From the photomontages supplied, it is anticipated that the mature tree lines along the horizon of these vistas would largely screen the turbine blades from view except for a very small area to the west of the seating area along the Avenue. It may be possible to further mitigate any views from this location through the micro-siting of the turbine.

10.3 Shadow Flicker 10.3.1 Under certain combinations of geographical position and time of day, the sun may pass behind the rotors of a wind turbine and cast a shadow over neighbouring properties. When the blades rotate, the shadow flicks on and off; the effect is known as 'shadow flicker'. Turbine control systems are available to eliminate shadow flicker if this is identified as an issue.

10.3.2 Shadow flicker is the effect of sunlight passing through the turbine rotor disc giving rapid variation of light. There are no specific UK guidelines as to the levels of shadow flicker which might be acceptable. However, the industry has generally adopted the German guidelines, which state that shadow flicker should not exceed 30 hours per year worst case (assuming the sun is shining during all daylight hours) and 30 minutes per day worst case.

10.3.3 As there is one residential property in the vicinity of the application site (Skelton Moor Farm - 350m to the north­ east), a full shadow flicker assessment was undertaken and it is concluded that the above guidelines would be exceeded at this property. The assessment therefore concludes that a shadow flicker control system should be installed as part of this development to limit the shadow flicker received at Skelton Moor Farm to an acceptable level. It should be noted that the assessment has been carried out assuming that there is no screening from vegetation at the farm. However, the current situation is that the farm would be largely shielded from any flicker from the turbine by several mature trees within the property's garden.

10.3.4 The shadow flicker assessment indicates that shadow flicker would not exceed the guidelines at any other residential properties and therefore it is considered that there would be no adverse impact upon residential amenity in terms of shadow flicker.

10.4 Noise 10.4.1 A full noise assessment was undertaken in accordance with 'The Assessment and Rating of Noise from Wind Turbines' (ETSU-R-97).

10.4.2 The nearest sensitive premises is Skelton Moor Farm which is approximately 350m north-east of the turbine location however this site is earmarked for future development and has outline permission for Bl/B2/B8 development with supporting hotel, creche and A2/A3/A4 uses.

10.4.3 The applicant has carried out a survey with reference to PPS22 and ETSU-R-97, which are recognised guidance in relation to wind farms. It is normal to conduct a long term background study but since the ELLR had not been opened, the data would not have been representative therefore a calculation exercise based on predicted traffic flows was carried out to provide baseline data.

10.4.4 The calculation exercise was validated using past data obtained from the consultant on the A64 which has similar traffic flows. It is noted that the predictions of background noise do not take into account additional noise from increasing wind speed therefore a conservative estimate was utilised for comparison with the turbine noise.

10.4.5 The baseline levels for Skelton Moor Farm were 5ldB LA 9o during 0700 - 2300 and 30dB LA9o 2300 - 0700.

10.4.6 The applicant's noise survey indicates that noise from the wind farm would be acceptable under the ETSU guidelines, being below their determined background. However on a small area of the land that the proposed hotel may occupy, noise levels may exceed the guideline level however as no layout available at this stage, this matter along with noise from the ELLR will have to be addressed during the reserved matters stage of the hotel development.

10.4.7 It should also be noted that the ETSU guidelines relate primarily to residential dwellings, rather than hotel developments and therefore it is considered that as long as the hotel implements measures to mitigate the effects of road traffic noise from the ELLR, as required by the conditions of the outline permission, then there would be no unacceptable effects from noise. Other residential properties are significantly further away from the proposed site and therefore it is considered that there would no significant impact upon residential amenity in terms of noise.

10.5 General 10.5.1 Icing The build-up of ice on turbine blades is unlikely to present problems on the majority of sites in England. Modern turbines are fitted with vibration sensors on the blades which detect the build up of ice when the blades are in operation due to the increased aerodynamic vibra-tions. Excessive vibration within the blades would cause the turbine to shut down.

10.5.2 Generation The generated energy from the proposed wind turb'ine will be used to power the processes at the applicant's Knostrop site. Knostrop has a base load of 4.5MW and the turbine will reduce the applicant's reliance upon imported energy. The site demand is in excess of 2.5MW for 99% of the time so exporting any energy is unlikely unless there are exceptional circumstances. A grid connection assessment study was undertaken by the applicant in order to identify options for the connection of the wind turbine to the Yorkshire Water electrical distribution and indirectly to the Yorkshire Electricity Distribution Limited (YEDL) network. This configuration option allows any generated energy to be primarily used for the YWS processes with excess energy exported in exceptional circumstances. The connection to the Yorkshire Water electrical network is approximately 200m from the generation point. This ensures that transmission losses are kept to a minimum.

10.5.3 Aire Valley Area Action Plan It is noted that an Area Action Plan for the Aire Valley is emerging as part of the Local Development Framework pr6cess. However, for the purposes of this application, the emerging plan is not a material planning consideration as it has not yet been through the due LDF process. For completeness, it is noted within the emerging plan that the majority of the surrounding land is proposed to be allocated for industrial I commercial uses, with potential housing areas further to the south-east of the application site. It is considered that the submitted noise report and shadow flicker assessment demonstrate that the turbine would not significantly affect future development were these allocations to be adopted at some point in the future.

10.5.4 Wind Resource & Turbine Profile A sui table wind resource is essential in the selection of sites for wind energy generation. Generally speaking, a wind speed of 6. Om/s at hub height is required by developers in order to ensure the viability of a site where the energy generated is being used to offset imported energy. The applicant is currently monitoring the wind resource on-site using a 50m temporary anemometer mast erected in late 2007. The anemometer mast will gather wind data and will provide the applicant with accurate site data. Current data from the temporary anemometer mast has confirmed a mean wind speed of 5.82m/s at the proposed hub height of BOm. Based upon the data collected, it is anticipated that the proposed turbine would generate energy for 62% of the time. It is anticipated that the proposed turbine would generate some 4,6.50MWhr of energy and offset 2, 000 tonnes of C02 emissions per annum. The applicants have confirmed that if the .turbine hub were reduced in height to 60m, this would result in a reduction of 25% in energy production and would also mean a similar reduction in the level of C02 emissions that could be offset per annum.

10.5.5 The wind turbine market is limited for single turbine applications with most manufacturers only offering to tender for a project with several wind turbines. Due to previous orders, Nordex are willing to supply a single turbine to Yorkshire Water Services with a lead time of 12 months. The applicant is not aware of any other manufacturer that can currently offer them the same service.

10.5.6 Aviation The relevant bodies (Leeds Bradford Airport, MoD, CAA and NATS) have been consulted in relation to potential aviation and radar impact. These consultees have confirmed that they have no objection to the installation of the wind turbine. It should be noted that the turbine should be coloured white unless otherwise agreed with the CAA and also Leeds Bradford Airport remark that although the turbine would be in line with the approach ~o runway 32, as long as only one turbine is proposed in this location, they have no objection.

10.5.7 Alternative Locations A total of six locations were considered around the Knostrop WWTW site by the applicant. The Knostrop WWTW site is crossed by 14 microwave links. The proposed turbine location has been accepted by all of the link operators as not to cause interference on their assets. The proposed turbine location ensures that the turbine does not 'fly over' land that will be developed. The remaining five locations around the site were discounted for reasons relating to objections from fixed link operators; land being within redevelopment area and; proximity to other infrastructure and Thwaite Mills.

10.5.8 Framework for Wind Turbine Applications in Leeds There is currently no adopted local policy framework against which to consider such wind turbines. As part of the development of the Local Development Framework (LDF) which will replace the Leeds UDP, the Natural Resources and Waste Development Plan Document (NRWDPD) is being produced further to the Issues and Options Document that was provided for consultation in 2008. It is expected that the Natural Resources and Waste DPD will go to Public Inquiry towards the end of 2010. Until the time at which the LDF and NRWDPD have been adopted, the Council must rely upon national and regional guidance in considering such applications for wind turbines.

10.5.9 Potential for Additional Turbines The applicant has confirmed that they have no plans to erect any additional turbines in the locality.

10.5.10 Protected Species .The results of the protected species assessment indicate that the habitat immediately around the turbine location is used by relatively small numbers of foraging common pipistrelle bats. Common pipistrelle bats are considered to have a relatively stable and robust population within the UK. The habits and patterns of activity observed during the surveys suggest that the potential for any interactions between these bats and the turbine rotor is very low. Overall, given the low level of bat activity recorded on the site, the lack of any stands of tall, mature trees within 200m and the constant illumination of all open areas by night time security lighting it is considered unlikely that significant impacts on bats would occur at any time of the year. No other protected species were found to be present on the site.

·-··--~-·-··-···----·------10.5.11 Ornithology Wind turbines can affect birds in three ways. Firstly, direct habitat damage. The breeding bird survey revealed that the areas of scrub around the proposed turbine are used by small numbers of breeding passerines. However, the area immediately around the proposed turbine is amenity grassland and contained no breeding birds. Since the areas of scrub would not be removed in order to create the access road or turbine construction area it is considered that there would be no significant impact caused by habitat loss on breeding birds.

10.5.12 Secondly, displacement (i.e. birds that formerly used the site are displaced by the turbines, infrastructure or associated human activity). Current evidence of disturbance of birds by wind turbines is predominantly related to breeding waders and species of waterfowl. Post-construction monitoring studies ongoing at a single turbine installation at Hull WWTW and a twin turbine installation at Loftsome Bridge have revealed no perceptible change in the numbers of . breeding passerines around the turbine locations compared with the baseline situation before construction. Therefore, it is considered that there would be no significant impact on breeding birds due to displacement or disturbance.

10.5.13 Thirdly, collision. The vantage point surveys and collision risk assessment indicate that three species (Herring gull (Larus argentatus), Kestrel (Falco tinnunculus) and Common starling (Sturnus vulgaris)) would potentially be impacted by the operation of a wind turbine in this location. The actual numbers calculated are considered to be an over-estimation since they assume no avoiding action and constant operation at the turbine and maximum speed. In reality, some avoiding action by birds will occur and thus the actual numbers of collision would be significantly reduced. Post-construction monitoring studies ongoing at a single turbine installation at Hull WWTW and a twin turbine installation at Loftsome Bridge have revealed very low incidences of collision, with two black-headed gulls being found over a 10 month period. None of the three species predicted to be affected are considered to be particularly sensitive to small scale losses, therefore the assessment concludes that the overall impact arising from collision with the turbine is considered unlikely to be significant.

10.5.14 It is therefore considered that the proposed development would have no significant impact upon ornithological interests. The RSPB concur with this view.

------··-----~ ------··----·------10.6 Conclusion 10.6.1 In summary, the principal concern with this application is the turbine's potential for affecting the setting of Temple Newsam House and Registered Parkland. It is further considered that there is the potential for significant impact from the viewpoints considered within the Halton Moor Estate.

10.6.2 However, in relation to the setting of Temple Newsam House, it has been shown by the submitted assessment of wire frame models and photomontages that the adverse impact would be minimal and confined to a relatively small area of the parkland.

10.6.3 In terms of potential visual impact upon Halton Moor Estate, it is considered that whilst the proposed turbine would be visible from certain locations within the estate, few properties directly face the proposed turbine location and most properties would only experience oblique or no views of the proposed turbine. Intervening buildings within the estate and vegetation would also provide some screening of views.

10.6.4 On balance, it is considered that the wider environmental, social and economic benefits of the proposed development do clearly outweigh the visual impact upon the setting of the Temple Newsam House and Registered Parkland and the visual impact upon limited areas within the Halton Moor Estate.

11.0 Background papers: 11.1 Application file 08/3836/FU.

12.0 Certificate of Ownership: 12.1 Certificate A and Agricultural Holdings Certificate signed.

Recommendation: A Saul Date: 5 August 2009

Officer with Delegated Power: Date: t \) rf'»"l

Panel Date: Clearance:

Special Instructions to Admin staff

Consultee obs to go with Decision Notice eg YW Other Send copy of Decision Notice to YW ODPM HWY Other

Number of letters to be replied to:- MP CLLR Public Enforcement Action No

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