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Ms Sophie Nioche Development Manager Wind Prospect Limited 7

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Ms Sophie Nioche Development Manager Wind Prospect Limited 7 Ms Sophie Nioche Our Ref: APP/B3030/W115/3003130 Development Manager Wind Prospect Limited 7 Hill Street 30 June 2016 Bristol BS1 5PU Dear Ms Nioche TOWN AND COUNTRY PLANNING ACT 1990 – SECTION 78 APPEAL BY WIND PROSPECT LTD AT AGRICULTURAL LAND WEST OF NEWARK ROAD, HAWTON, NEWARK-ON- TRENT, NOTTINGHAMSHIRE, HG24 3RJ APPLICATION REFERENCE 13/00889/FULM 1. I am directed by the Secretary of State to say that consideration has been given to the report of the Inspector, Graham Dudley BA(Hons) Arch Dip Cons AA RIBA FRICS who made a site visit on 2 October 2015 into your appeal against the decision of Newark & Sherwood District Council (‘the Council’) to refuse planning permission for the construction and operation of a wind farm consisting of four 130m high to blade tip wind turbines, an 80m anemometry mast and associated infrastructure at agricultural land west of Newark Road, Hawton, Newark-on-Trent, Nottinghamshire, NG24 3RJ in accordance with application reference 13/00889/FULM. 2. On 10 December 2015 the appeal was recovered for the Secretary of State's determination in pursuance of section 79 of, and paragraph 3 of Schedule 6 to, the Town and Country Planning Act 1990, because it involves proposals which raise important or novel issues of development control and/or legal difficulties. Inspector’s recommendation and summary of the decision 3. The Inspector recommended that the appeal be allowed and planning permission granted subject to conditions. For the reasons given below, the Secretary of State disagrees with the Inspector’s recommendation. Therefore, the Secretary of State dismisses the appeal and refuses planning permission. A copy of the Inspector’s report (IR) is enclosed. All references to paragraph numbers, unless otherwise stated, are to that report. Procedural matters 4. In reaching this position the Secretary of State has taken into account the submitted Environmental Statement (ES). Overall the Secretary of State is satisfied that the ES Department for Communities and Local Government Tel: 0303 444 2853Email: Philip Barber, Decision Officer [email protected] Planning Casework 3rd Floor Fry Building 2 Marsham Street London SW1P 4DF complies with the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 and that sufficient information has been provided for him to assess the environmental impact of the proposal. Policy and Statutory Considerations 5. In deciding this appeal, the Secretary of State has had regard to section 38(6) of the Planning and Compulsory Purchase Act 2004 which requires that proposals be determined in accordance with the development plan unless material considerations indicate otherwise. In this case, the development plan consists of the Newark and Sherwood Local Development Framework Core Strategy Development Plan Document adopted March 2011 and the Newark and Sherwood Local Development Framework Allocations and Development Management Development Plan Document. The Secretary of State considers that the development plan policies of most relevance to this appeal are those identified by the Inspector at IR11. 6. Other material considerations which the Secretary of State has taken into account include: the National Planning Policy Framework, March 2012 (‘the Framework’); the National Planning Practice Guidance (‘the guidance’) and the Written Ministerial Statement (‘WMS’) on local planning of 18 June 2015. This is the planning policy and guidance referred to by the Inspector in IR227. Given its relevance to this case, the Secretary of State attaches substantial weight to the WMS as the most recent expression of government planning policy for onshore wind development. Like the Inspector (IR152), he has also taken account of the Wind Energy Supplementary Planning Document (SPD) (March 2014) and the English Heritage/Historic England guidance entitled “The Setting of Heritage Assets” as updated in July 2015. 7. In accordance with section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (LBCA), the Secretary of State has paid special regard to the desirability of preserving listed structures or their settings or any features of special architectural or historic interest which they may possess. The Secretary of State has also paid special attention to the desirability of preserving or enhancing the character or appearance conservation areas, as required by section 72(1) of the LBCA. Main Issues 8. The Secretary of State agrees with the Inspector that the main issue in this case is that set out at IR136. However, the Secretary of State reaches a different conclusion on that issue. The Secretary of State also considers that his Written Ministerial Statement on local planning is a significant issue. Heritage 9. The Secretary of State notes and agrees with the Inspector’s comments regarding St Mary Magdalene Church (IR160 - 168), that the significance of the Church would not be affected and the special architectural and historic interest would be preserved. He also notes and agrees with the Inspector regarding All Saints Church Hawton (IR169 - 174) that the landscape character of the surroundings would remain with the church as a main feature. 10. The Inspector notes and the Secretary of State agrees that there would be some harmful impact on the significance of the Church of St Michael, Cotham (IR175-183). He further agrees that this would be a ‘less than substantial’ level of harm. He agrees that the harm to the setting would have some impact on the significance of the church through its impact on the way that the asset is appreciated from the footpaths. 11. The Inspector notes that there would be no harm to the Elston Chapel (IR 184-189), the Secretary of State agrees. The Inspector notes and the Secretary of State agrees that the significance of the various assets in the Sibthorpe Complex (IR 190-201) would not be harmed and that the special architectural and historic interest of the assets would be preserved. The Secretary of State also agrees with the Inspector that the setting of Newark Castle (IR 202-204) would not be harmed, noting that its special architectural and historic interest would be preserved. 12. The Secretary of State notes and agrees with the Inspector that although the development would generally accord with the Core Strategy policies 14, NAP 1C and DMD Policy DM9, it would not accord with these policies in respect of St Michael’s Church, Cotham (IR205) and would not preserve its special architectural and historic interest. Living Conditions 13. The Inspector notes (IR 212-213) and the Secretary of State agrees that the Environmental Statement acknowledges that there would be some magnitude of change to some views with the resulting impact on some occupiers and has included this consideration in the planning balance. He also notes the Inspector’s comments regarding noise and shadow flicker (IR 214-221) and agrees that the impact from noise on the living conditions of neighbouring occupiers would be acceptable and that the potential effects from shadow flicker are limited and would not result in unacceptable harm to the living conditions of neighbouring occupiers. Ecology 14. The Secretary of State agrees with the Inspector’s findings that any potential effect of the development in ecology terms (IR222-226) would be reasonable or will be suitably mitigated and that the proposal would accord with CS Policy CS12 and DMD Policy DM7). Landscape 15. Having noted the Inspector’s analysis at IR156-239, the Secretary of State has carefully considered the impact of the proposed development on the character and the visual amenity of the landscape. He has also considered the potential cumulative impacts with other proposed and permitted turbines. 16. The Secretary of State has carefully considered the Inspector’s assessment of cumulative impact at IR207-213. He agrees (IR207) that the additional turbines would appear as prominent man-made features within this localised landscape and would affect the appearance of the landscape and would not increase visual unity and so would not be in compliance with policy to protect the landscape. He further agrees (IR211) that there would be some impact, particularly locally, which weighs against the proposal. He affords moderate weight to the impact on character and appearance. Other Considerations 17. In common with the Inspector (IR236), the Secretary of State attaches significant weight to the benefits of the proposal. The Secretary of State notes that the turbines would provide electricity to the local network from a renewable source. The Secretary of State agrees with the Inspector that these benefits are consistent with the provisions of the NPPF to support a transition to a low carbon future and to promote the development of agriculture, and that this carries significant weight. Written Ministerial Statement 18. The Secretary of State also takes account of, the WMS of 18 June 2015. As the appeal proposal predates the WMS and the development plan does not identify suitable sites, the transitional provision within the WMS is applicable. This states that ‘local planning authorities can find the proposal acceptable if, following consultation, they are satisfied it has addressed the planning impacts identified by affected local communities and therefore has their backing’. 19. The Secretary of State notes that affected local communities have raised concerns in relation to heritage assets, character, appearance, shadow flicker, noise and visual amenity. 20. The Secretary of State notes the Inspector’s comments on the Written Ministerial Statement (IR227-232). However, the Secretary of State’s concludes, in agreement with the Inspector, that the siting of the proposed turbines will result in harm to the landscape, to the significance of St Michael’s Church, Cotham, and to the visual amenity of neighbouring properties. While he finds that these impacts are limited, he concludes that they are such that some of the planning impacts identified by affected local communities have not been addressed in the circumstances of this case.
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