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Planning Committee Agenda Agenda Item No: Report No: CD29/14 Eden District Council Planning Committee 13 March 2014 Appeal Decision Letters Report of the Head of Planning Services Attached for Members’ information is a list of Decision Letters received since the last meeting: Application Applicant Appeal Decision Number(s) 13/0201 JA and ME Mawson Dismissed Land at Sproat Ghyll, Orton, Penrith, CA10 3SA The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. The development proposed is the erection of an 80KW wind turbine on a 30m monopole mast. 13/0575 Mr Andy Davidson Dismissed Rynrew Barn, Newton Reigny, Penrith, CA11 OAY The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. The development proposed is described as the split of existing five bed property into a new 2 bed property and existing 3 bed property. Gwyn Clark Head of Planning Services Appeal Decision Site visit made on 30 January 2014 by B Hellier BA(Hons) MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 19 February 2014 Appeal Ref: APP/H0928/A/13/2204259 Land at Sproat Ghyll, Orton, Penrith, CA10 3SA • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by JA and ME Mawson against the decision of Eden District Council. • The application Ref 13/0201, dated 7 March 2013, was refused by notice dated 20 June 2013. • The development proposed is the erection of an 80KW wind turbine on a 30m monopole mast. Decision 1. The appeal is dismissed. Main issues 2. I consider the main issues are: • the effect of the wind turbine on landscape character and on the appearance of the surrounding area; • the effect of noise from the operation of the wind turbine on the living conditions of nearby residents; and • whether any harmful visual effect or effect on living conditions is outweighed by other considerations. Reasons Planning policy 3. Government policy is to support the development of renewable energy sources, including wind power, to help to ensure that the country has a secure energy supply and to reduce greenhouse gas emissions. As a result of EU Directive 2009/28/EC, the UK is committed to a legally binding target to achieve 15% of all energy generated from renewable resources by 2020. The 2006 Energy Review has an aspiration of 20% of electricity to be from renewable resources by 2020. The Climate Change Act of 2008 sets a target of at least an 80% cut in greenhouse gas emissions by 2050. 4. The National Planning Policy Framework (NPPF) advises that an application for renewable energy should normally be approved if its impacts are (or can be made) acceptable. Current national planning guidance (PPG)1 makes it clear 1 Planning practice guidance for renewable and low carbon technology. DCLG July 2013 (Paragraphs 5 and 15) www.planningportal.gov.uk/planninginspectorate Appeal Decision APP/H0928/A/13/2204259 that the need for renewable energy does not automatically override environmental protections and the planning concerns of local communities. There is a balance to be struck. 5. The relevant development plan policies are Core Strategy1 Policies CS18 and CS20. Policy CS20 supports renewable energy proposals where there are no significant unacceptable effects which cannot be mitigated or which are not outweighed by the national and regional need for renewable energy development or wider environmental, social or economic benefits. Policy CS18 sets out criteria for the design of new development including respect for the form and character of the natural environment and protecting the distinctive rural landscape of the District. It should also not contribute to unacceptable levels of noise. Landscape 6. The proposal is for an 80KW single two blade wind turbine with a 30 metres monopole mast, a nacelle and two 9 metre blades giving a maximum height from base to blade tip of about 40 metres. The blades would be coloured off white and the remaining structure would have a matt grey finish. It would be situated in an elevated position at a height of 270 metres AOD on agricultural land some 590 metres away from the farmstead at Sproat Ghyll Farm. 7. The site is to the east of the M6 within a broad belt of rolling foothills. About 1 kilometre to the north is the steep limestone escarpment of Crosby Ravensworth Fell. Some five or six kilometres to the south beyond the River Lune are the higher, more rounded Howgill Fells. The land drops away to the west, where the motorway and the West Coast Main Line are out of sight, working their way up to Shap summit. Further to the west the land rises again to the Lake District National Park boundary about 3 kilometres away with High Street and the central Lake District mountains in the distance. 8. A Supplementary Planning Document on wind energy has been adopted by Cumbria County Council and the Cumbrian District Councils2 (SPD). It includes a review of landscape types and their sensitivity to wind energy development. The appeal site lies within the Higher Limestone (moorlands and commons sub- type) landscape character area. It is considered to have an overall moderate/high sensitivity to wind turbines. 9. The landscape has no special designation but in the SPD is identified as being of county importance. Natural England has designated much of the surrounding area as a proposed extension to the Yorkshire Dales National Park and the relevant Orders are currently being considered by the Secretary of State3. The appeal site lies adjacent to, but just outside, the proposed boundary. 10. The surrounding countryside is generally peaceful and sparsely settled farmland. The immediate setting is improved pasture enclosed by a network of dry stone walls, with scattered farmsteads and clumps of trees giving way to more open rough pasture to the north of the appeal site. To the south there is an 18 metre high wind turbine about 500 metres away at Moor House. This is smaller than the appeal proposal and situated on lower land. There is also an 1 Eden Core Strategy Development Plan Document. Adopted March 2010 2 Cumbria Wind Energy: Supplementary Planning Document. June 2007 3 For Environment, Food and Rural Affairs www.planningportal.gov.uk/planninginspectorate 2 Appeal Decision APP/H0928/A/13/2204259 electricity line with wooden poles crossing the site. Although the proposed turbine is classified as small it would nonetheless be considerably higher than any existing features and it would appear out of scale in this setting. 11. Taking account of the size of the turbine the main visual impact would be on near and middle distance views up to a distance of about 2.5 kilometres. To the west, from the Scout Green to Greenholme road and the bridges over the motorway, the engineered terraces of the motorway and moving traffic are conspicuous in the foreground. From the motorway, driving north there would be a long distance view from the Tebay interchange and closer glimpses after passing the motorway services although from here the eye is drawn to the extensive panorama of the Lake District opening up to the left. Driving south the hill slope truncates views to the east. Generally from the west and south west I find that the turbine would have a limited visual impact. 12. On the other hand from the east and the higher land to the north the turbine would be visible as a prominent and intrusive feature. It would be seen in an isolated position on the skyline travelling from Orton out along the Shap road and the minor road to Scout Green. However, its greatest impact would be on users of rights of way. Two bridleways pass close to the site. One follows the line of a Roman road running north to south. Coming down from Crosby Ravensworth Fell there is an impressive vista of the Lune gorge and the encircling fells. For some considerable distance the turbine would be directly in the line of sight. Because of its height and the movement of its blades it would be a disruptive and distracting element in this view. 13. Further to the east there are extensive views of the site from the Appleby road where it cuts through Orton Scar and from the footpaths descending to Orton. The turbine would project uncomfortably against the backcloth of the Lake District mountains although the visual impact from here would be tempered by the increasing separation distance. 14. The surrounding countryside has considerable value as a resource for informal recreation. It is popular both with local people and also with visitors for cycling and walking. The Walney to Wear long distance cycle route uses the Greenholme-Scout Green-Orton road and Orton is also a stopping off place on the well used Coast to Coast long distance path. Several objectors refer also to the use of the bridleways by horse riders. 15. The visual impact assessment for the appellants concludes that overall visual impact would be slight. I consider this underplays the high quality and unspoilt character of the existing landscape and the extent to which it forms the foreground to fine views of nationally recognised upland landscapes. I conclude that the proposed turbine would have a significant adverse effect on the character and appearance of the surrounding area, most notably because of its scale and its visual impact on views from public rights of way and roads to the north and east of the site.
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