Allerdale Borough Council
Planning Application
2/2012/0354
Reference No: 2/2012/0354 Received: 15 May 2012 Proposed Installation of a single wind turbine on a 24.6m hub-height tower Development: Location: Green Croft Oughterby Carlisle Applicant: Mr Scott Bertram Croft Engineering
Drawing Numbers: 001 - Site Location Plan 002 - Site Plan 003 - Foundation Details 004 - Turbine Elevations 005 - Control Cabinet Details
Constraints: MOD Safeguarding CAA Carlisle Airport Wind Turb
Policies: Nation al Planning Policy Framework
North West Regional spatial Strategy Policy DP7 - Promote environmental quality Policy EM17 - Renewable Energy
Cumbria and Lake District Joint Structure Plan Policy E38 - Historic environment Policy R44 - Renewable energy outside the Lake District National Park and AONBs
Allerdale Local Plan Policy CO13 - The setting of a Conservation Area, Allerdale Local Plan, Adopted 1999 (Saved) Policy CO18 - Setting of a Listed building, Allerdale Local Plan, Adopted 1999 (Saved) Policy EN10 - Restoration, after uses cease, Allerdale Local Plan, Adopted 1999 (Saved) Policy EN19 - Landscape Protection, Allerdale Local Plan, Adopted 1999 (Saved) Policy EN25 - Protecting the open countryside, Allerdale Local Plan, Adopted 1999 (Saved) Policy EN32 - Protecting wildlife protected by law, Allerdale Local Plan, Adopted 1999 (Saved) Policy EN6 - Location of potentially polluting development, Allerdale Local Plan, Adopted 1999 (Saved).
Relevant Planning A screening opinion was issued by the Local Planning Authority in History: June 2012. This opinion stated that the proposal did not constitute EIA development.
2/2012/0218 – Installation of a single wind turbine on a 24.6m hub- height tower – withdrawn.
Representations: Parish Council - Do not object. The additional distance that the turbine has been moved from the village compared to the original scheme means that the impact on the village will be reduced to that mainly of a visual one.
Civil Aviation Authority - Consultations for wind energy related development is exceeding the resource available to respond within LPA timeframes. Should consult with NATS and MoD and relevant aerodromes. The CAA has no responsibility for safeguarding sites other than within its own property.
NATS - No objection.
MoD - No objection. If permission is granted, the MOD must be informed of the date construction commences, the maximum height and the latitude/longitude.
Environment Agency – No objections. Informative requesting no interruption to existing drainage systems.
County Council Highways No objection subject to conditions requiring the road to be kept clear of mud during the construction phase and that a Traffic Management Plan be submitted for approval.
Natural England - No objections, refer to standing advice for protected species and to ensure that locally designated wildlife sites are considered. Second response confirms that the turbine is a sufficient distance from identified barn owl roosts within Oughterby not to trigger the need for further survey work.
Environmental Health - No objection, condition recommended limiting noise levels for the nearest noise sensitive property.
County Archaeologist – No objections.
RSPB – No objections, 50m stand off for bats is sufficient in relation to barn owls also.
Stobart Air on behalf of Carlisle Airport – No objections following the receipt of an aviation assessment.
Fire Officer – No comments received.
Cumbria Wildlife Trust – No comments received.
A call in request has been received for the proposal.
The application has been advertised by site notice and neighbour letter.
One letter of support has been received for the proposal on the basis that more people need to be considering renewable energy development.
50 letters of objection have been received to the proposal. The grounds of objection are based on the following:
• Against situating turbines close to built up areas where they will have negative effects on those living around them. • Notes the Bill relating to proximity of turbines to residents being put forward in parliament, which suggests a minimum distance of 1000m from residential property, this proposal is only half that distance. • A better option is to continue to build them out at sea. • Inevitable impact on house prices. • Health problems of turbines, including sleep problems, headaches, nausea, exhaustion, anxiety, irritability, depression, tinnitus, eye problems. • Proximity to Eskdalemuir – Carlisle City Council recently rejected an application at Hallburn Farm based on MoD’s objection. Has the MoD been consulted? • Excessive visual impact on the village of Oughterby, alien presence. Affect on local people and visitors individually and cumulatively. • True beneficiaries are private interests. • Potential to affect wildlife in the area, bats, barn owls, red squirrels, roe deer and migrating birds (particularly swans and geese connected to the Solway Coast SAC/SPA). Specifically, barn owls are nesting in buildings within the village at Oughterby. • Sited on higher ground than the village (47m compared to 40m) with no natural screening. • Cumulative harm to the character of the landscape. Second turbine within half a mile as well as the six turbines at Great Orton. • No proper noise studies. Information is contradictory relating to tonal noise. There would be tonal noise and amplitude modulation noise. • Overshadow/dominate the village. • Solar panels could be used at Croft Engineering. • Turbines should not be erected singularly and haphazardly in areas of outstanding natural beauty. • Not a small turbine. • Impact on Solway Coast AONB not properly considered. • The proximity of the proposed wind turbines to a roman enclosure and settlement should require an archaeological survey. • Inaccuracies and contradictions with the planning application including confusion over the access route, two different routes are put forward by the applicant, and that the cabling could impact on a watercourse, screening or no wind barriers?, close to a built up area or not? • There is no proof that the business needs a turbine of this size. • Inefficiency of such structures, requiring constant maintenance and an energy back up. • Consider that the proposal should be EIA development. • Who measures the degree of residential impact? • More noise potential from prevailing wind and shadow flicker potential from the positioning to the south of Oughterby. • Screening is deciduous and therefore will not screen the development for half of the year. • Planting will not screen the blades, the most annoying part. • Regional Spatial Strategy is out of date as is the Cumbria SPD, the moderate capacity has been surpassed and the level of sensitivity is being abused. • Need for renewable energy should not always outweigh landscape harm – Court decision quoted. • Contrary to policy R44. • Quote Broughton Lodge appeal and refers to tipping he balance from a landscape with turbines to a wind turbine landscape. • Wind turbine development and Nature Conservation document of BWEA, English Heritage and RSPB quoted by the applicant is clearly out of date (2001). • Allerdale has done disproportionately more than any other part of Cumbria. • The harm to appearance and character of the area clearly outweighs the benefits. • Detrimental Effect on tourism and linked retail businesses in the area. • Could open the door for more turbines in the locality. • Too close to a village walk used by many local people. • Residents will suffer financially whilst the applicant gains. • If this gets the go ahead, how much longer will Allerdale BC be able to claim that this is ‘a great place to live, work and visit’. • The description should refer to the maximum height to blade tip and not the hub height. • Landscapes are being incrementally changed by approvals of both large and small scale developments without regard to the progressive cumulative effect. • The application does not comply with policy as stated by the applicant. • The high point of the turbine would be 80m on a ridge above the Hadirans path and cycle route. • A full set of photomontages in accordance with GLVIA guidelines is surely necessary. • Note other sites which also need taken into account within the locality at carious stages in the planning process. • The application does not contain a ZTV/ZVI, which play an important role in assessing the impacts and effects of a development. • A full LVIA should be required. • The NPPF specifies that applications should only be approved when the impacts are or can be made acceptable. • Question government policy towards turbines when tidal or even solar solutions are more effective. • Should be on industrial estates not in the middle of small rural communities.
Report Proposal
The proposal is for a single turbine (50Kw), approx. 24.6m to hub height and 34.2m to tip height with 3 blades. The turbine base would be approx. 6.0m², with a small control box cabinet.
The application has been supported by an aviation assessment, design and access statement, noise report, photomontages, and supporting statement.
The supporting documents indicate that the purpose of the proposal is to provide electricity to supply Croft Engineering, an engineering business located within Oughterby, as well as two related residential properties Green Croft and West View, which currently relies on oil fired heating. Any excess electricity will be connected to the national grid.
The application indicates that the installation will take no longer than two months and delivery will be via two standard lorries, with no requirement for abnormal loads. No access track is required, a route into the site is identified that can utilise existing openings and heavy duty road mats will provide a temporary surface over the field.
The electricity will connect to the grid at Green croft.
Site
The plan provided indicates the turbine’s position within a field to the south east of the village of Oughterby. The immediate locality is farmland, with a typical field and hedge pattern, interspersed at times by pockets of woodland. The turbine is sited approx. 530m from the southern edge of the village. There are no built structures within the immediate locality.
• Levels in the locality of the turbine are between 45-50m AOD. The village of Oughterby is approx. 40m AOD.
The site is positioned 6.0km from the Solway AONB and 13km from the National Park boundary.
During the site visit, some of the blades of the existing turbines at Great Orton were visible over the top of mature woodland to the south east. A single turbine constructed at Park House Aikton was visible to the south.
Assessment
Policy
National planning guidance is generally supportive of renewable energy production. Renewable energy targets are now binding through the Climate Change Act 2008.
The National Planning Policy Framework has a two of its core principles:
• To take account of the different roles and character of different areas, promoting the vitality of our main urban areas, protecting the Green Belts around them, recognising the intrinsic character and beauty of the countryside and supporting thriving rural communities within it; • Support the transition to a low carbon future in a changing climate, taking full account of flood risk and coastal change, and encourage the reuse of existing resources, including conversion of existing buildings, and encourage the use of renewable resources (for example, by the development of renewable energy);
When determining planning applications for renewable energy development, local planning authorities should:
• Not require applicants for energy development to demonstrate the overall need for renewable or low carbon energy and also recognise that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions; and • Approve the application if its impacts are (or can be made) acceptable.
At the regional level, RSS Policy EM17 encourages the installation of renewable energy generation, where certain criteria are met. The courts have determined that the government’s intention to abolish RSS through the Localism Bill remains a material consideration.
Saved policy R44 of the Joint Structure Plan states that outside the Lake District and AONB, proposals for renewable energy, including any ancillary infrastructure or buildings, will be favourably considered subject to a number of criteria relating to landscape character, biodiversity and natural and built heritage, local amenity, local economy, highways or telecommunications. Specifically for wind turbines, the policy indicates that measures should be included to secure satisfactory removal of structures /related infrastructure and remediation of land following cessation of operation of the installation. The County Council has also produced the Cumbria Wind Energy Supplementary Planning Document.
Policy EN25 of the Allerdale Local Plan restricts development within the open countryside to that which is ‘essential’ to meet a local need. No Allerdale Borough Council policies specifically relating to renewable energy have been ‘saved’. However, the NPPF does not place a specific restriction on schemes for renewable energy within the open countryside. Such schemes will often need to be located where there is the resource and where economically feasible.
Needs/Benefits
The needs and benefits of the proposal are important elements in the overall planning balance. The NPPF continues to give support to all forms of renewable energy development.
The increased development of renewable energy resources is vital to facilitating the delivery of the Government’s commitments on both climate change and renewable energy. Positive planning which facilitates renewable energy developments can contribute to the Government’s overall strategy on sustainability and renewable energy development, as emphasized in the Energy White Paper (2007), The UK Renewable Energy Strategy (2009) the UK Energy Road Map (2011) and a significant number of other policies and commitments. The NPPF continues to give support to all forms of renewable energy development.
In order to mitigate the effects of climate change, the North West Regional Spatial Strategy (NWRSS) policy EM17 encourages the use of renewable energy development in order to achieve 15% of the electricity supplied within the Region from renewable energy sources by 2015, rising to 20% by 2020. The RSS includes indicative generation targets and for Cumbria, these are:
2010 – 237.3MW 2015 – 284.8MW 2020 – 292.4 MW
The Courts have determined that the government’s intention to abolish Regional Spatial Strategies is a material consideration. However, in the context of renewable energy development, this intention is not considered to carry significant weight, given the binding legal targets relating to carbon and greenhouse gas emissions within the Climate Change Act.
The Cumbria Renewable Energy and Deployment Study (August 2011) confirmed that the capacity of operational or consented renewable energy schemes within Cumbria totalled 285.36MW. This figure is not directly comparable to the RSS targets because the RSS specified electricity generation only; whilst the Cumbria Renewable Energy and Deployment Study considered renewable energy schemes for both power and heat. The UK Renewable Energy Strategy recognises the importance of both electricity and heat from renewable sources and seeks around 35% of electricity and heat to come from renewable and low carbon (non nuclear) sources by 2020. Of the overall figure deployed or consented within Cumbria, 70% is located within the district of Allerdale.
As such, the consented/installed capacity for power and heat from renewable energy development is considered to be substantial and to make a positive contribution to addressing climate change.
Regardless of these figures, the imperative for further renewable energy within national policy and strategy is clear. Therefore, the weight to be attached to the deployment of renewable energy is not considered to have diminished.
Whilst this scheme would make only a small contribution towards regional and national targets for the production of energy from renewable sources, it remains valuable, thus contributing to meeting the objectives of the Climate Change Act. Whilst the local economic benefits cannot be precisely quantified there would be some in terms of the economic benefits to this local business. Achieving the binding national targets for the proportion of energy from renewable sources and the reductions sought in greenhouse gases can only be done by an accumulation of local projects of varying scale. Thus, based solely on national performance, a need for developments of this type exists. These are material considerations that weigh significantly in the planning balance.
Landscape Impact
At 34.2m to tip height, the proposed turbine is considered to be between small and medium in scale. Some supporting information has been provided with the application by way of photomontages and a written landscape and visual impact assessment contained within the submitted Supporting Statement.
No national landscape designations apply. The site is located within landscape classification 5a – Ridge and Valley, but is close to landscape classification 5b – Low Farmland. Landscape classification 5a – Ridge and Valley is characterised by: • A series of ridges and valleys that rises gently toward the limestone fringes of the Lakeland Fells • Well managed regular shaped medium to large pasture fields
Hedge bound pasture fields dominate, interspersed with native woodland, tree clumps and plantations. The site and surroundings are gently rolling. Wide ranging views can be obtained of the wider landscape, with the upper parts of the Great Orton turbines visible in the near distance and the single turbine visible at Park House Farm, Aikton. Man made structures within the vicinity of the site are limited.
Landscape Character 5a, is assessed as having a moderate capacity to accommodate wind energy development (3 – 5 turbines), exceptionally a large group (6 – 9). This proposal is for a single turbine, small – medium in scale and considered in isolation, the proposed turbine fits easily within the identified capacity of the landscape. It is considered that this single turbine would not be out of scale with this expansive landscape.
The site is in excess of 8km of the Solway Coast AONB and 5km from the Lake District National Park. Given the separation distance and the scale of the proposed turbine, the proposal is not considered to result in any significant harm on either of these national designations.
Cumulative Impact
There is no significant clutter of man-made structures within the immediate vicinity of the site.
Existing/approved wind turbine development within a 5km radius of the site includes: 6 x turbines (67m to tip) at Great Orton Airfield – 1.8km 1 x turbine (20m to hub) at Park House Aikton – 0.74km 1 x turbine (27m to tip) at Greyrigg House, Thursby – 3.9km 1 x turbine (20m to tip) at Micklethwaite West – 4.8km
A number of applications within a 5 km radius are currently under consideration: 1 x turbine (67m to tip) at The Flatt Farm, Great Orton – 2km 2 x turbines (46m to tip) at Thornby Villa, Thornby – 3.37 1 x turbine (24m to hub) at Moordyke, Aikton – 2.7km
As such, there is a degree of clustering of turbine development within the wider locality. However, given the smaller scale of the proposed development in comparison to large scale commercial wind energy developments, longer range views will be limited to some degree by topography, existing buildings, woodland and so forth.
It is considered that the proposal will achieve a sufficient separation distance from the majority of existing and proposed turbine development to ensure that the proposal will not be seen as part of a group. The exception is likely to be the nearby turbine at Aikton, approx. 700m south. However, it is considered that these two turbines would not exceed the capacity of the local landscape. The landscape will remain the dominant feature and would be described as a landscape with windfarms and not a windfarm landscape. As such, the cumulative landscape impact of the proposal is considered to be acceptable.
Visual Impact
Public views of the proposed turbine would be possible from along parts of the surrounding highway network, mainly the main road running south connecting Oughterby to Thornby and the A596. The nearest Public Right of Way is approximately 900m to the west. Residents of dispersed properties within the locality and within Oughterby village may experience views of the turbine, the nearest non-related property is in excess of 500m.
The proposal is considered to be sufficiently separated from public footpaths within the vicinity to ensure that the visual impact on users of these footpaths will not be significant. At approx. 370m from the highway, the visual effects for road users are not considered to be significant.
Given the scale of the proposal and the distance between the turbine and public viewpoints, any detrimental visual impact of the proposal is not considered to be sufficient to warrant refusal.
The nearest residential properties to the proposal are those located at Oughterby village, some of which have main elevations facing south. Views of the turbine from these properties may be possible, but given the separation distance and the scale of the turbine, it is not considered that these turbines would appear visually dominant to residents of these properties. Wind turbines cannot be refused on visual impact grounds simply because they can be seen, the scale and proximity must be such that the proposal would be overly dominant to the point that residential amenity is adversely affected. This is not considered to be the case in this instance.
As such, the visual impacts of the proposal individually and cumulatively are considered to be acceptable.
Biodiversity
The proposed turbine has been sited approx. 50m from field hedges in accordance with Natural England advice on bats.
A number of objectors note the nesting/roosting of barn owls at a number of buildings within Oughterby. Given the location of the turbine within an open field, the proposal will not impact directly on any barn owl nest/roost. The advice of Natural England and the RSPB has been sought as to the potential impact of the turbine on the foraging routes of this species. The RSPB has indicated that the 50m separation from field hedges applicable to bats is sufficient and Natural England has indicated that the 500m separation from the roosting locations is sufficient not to warrant further survey work.
Advice on the Barn Owl Trust website is that there is currently no evidence to suggest that wind turbines in the UK are having any effect on Barn Owls. The main reason that Barn Owls are unlikely to be affected is due to the way they forage. As hearing is the primary sense utilised, Barn Owls must fly at comparatively low altitudes in order to hear their prey, typically not more than three metres above the ground. Most wind turbine blades have a ground clearance well in excess of this. Additionally, a wind turbine does not act like a propeller. Whereas a propeller accelerates air and actually ‘pulls in' objects in front of it, a wind turbine slows the air down.
Based on this information and the advice of consultees, it is considered that the proposal is unlikely to harm bats/barn owls.
The proposal falls outside the bird sensitivity area for pink footed geese and whooper swans, species that are linked to the Solway Marshes, SPA and SAC.
No designated ecological sites fall within 2km of the proposal.
Based on the above, it is considered unlikely that the proposal will have any significant impact on wildlife species or protected habitats.
Built Heritage
Kirkbampton Conservation Area is located 1.4km to the north east and the nearest listed building is 1.5km away at Croft House Farmhouse. Given the separation distances involved and the scale of the development, it is not considered that the proposal would significantly affect the setting of this listed building or the Kirkbampton Conservation Area.
The County Archaeologist has raised no concerns in relation to archaeological interest.
Residential Amenity
The visual impact or overbearing impact of the proposal in relation to residential amenity has been discussed above, and is not considered to warrant refusal of the application.
Noise ETSU – R – 97 The assessment and rating of noise from wind turbines, is the standard guidance document relating to wind turbines. This indicates that noise from wind turbines should be limited to: • 5dB(A) above background noise level for both day and night time • In low noise environments, daytime noise level should be limited to an absolute level within the range of 35-40dB (A) • The fixed limit for night-time is 43 dB (A) • Day and night time levels of 45 dB (A) for any related property • For single turbines or large separation distances, simplified limit of 35dB (A) up to wind speeds of 10m/s should not require background noise measurements.
The application includes some acoustic information. Environmental Health has confirmed no objection to the proposal subject to conditions. A condition is recommended that noise from the wind turbine be limited to the ETSU guidelines for the nearest noise sensitive property.
Shadow Flicker There are no related or unrelated residential properties within 10 rotor diameters of the turbine. As such, shadow flicker is not anticipated to be significant and would not justify grounds for refusal.
As such, the proposal is considered to be acceptable in terms of potential noise and shadow flicker.
Electromagnetic Interference (EMI), Aviation and RADAR
NATS and the MoD have raised no objections to the proposal. As such, the scheme is considered acceptable in terms of aviation safety and radar. These organisations have requested notification of approval of the scheme and erection of the structures. This can be a condition of the permission.
Information has been provided from the Joint Radio Company Ltd, which confirms that the proposal should not interfere with the radio systems of the utility companies. No information has been provided in relation to TV and more general radio reception.
Given that the precise implications of the wind turbine in respect to reception is not known, a precautionary condition is suggested requiring a formal procedure for dealing with any complaints made in respect of interference, should a complaint be made.
The applicant has undertaken an aviation assessment given the proximity of the proposed turbine to Carlisle Airport. Stobart Air, acting on behalf of the airport has confirmed that the information is acceptable, and that they are satisfied that the proposal should adversely impact on the interests of the airport.
As such, the proposal is considered to be acceptable in relation to Electromagnetic Interference (EMI), Aviation and RADAR.
Highway/Traffic Impact
The Companion Guide to the now withdrawn PPS22 Renewable Energy suggests a separation distance between turbines and roads or railways of the height of the turbine plus 10%, to reduce any risks from toppling or icing, (the instances of such occurrences are noted as being rare). The separation distance proposed is well in excess of this. As such, it is considered that the proposal would not adversely affect the highway in an unacceptable manner in terms of safety.
The Highways Authority has raised no objection subject to conditions requiring the road to be kept clear of mud during the construction phase and that a Traffic Management Plan be submitted for approval.
On the advice of the Highways Authority, the highway implications of the proposal are considered to be acceptable.
Public Rights of Way
The proposal is in excess of 500m from the nearest public right of way. As such, it is considered that the proposal would not adversely affect this route in an unacceptable manner in terms of safety.
Objections
It is considered that the majority of objections have been addressed as part of the above assessment. The remaining issues are considered here: • The ‘Wind Turbines (Minimum Distance from Residential Premises) Bill’ has not yet had a second reading in the House of Lords and is yet to be considered in the commons. As a proposed bill, this cannot be given any significant weight in the determination of this current application. • At the current time there is no national planning advice that indicates that there are health issues associated with turbines. Noise can be a factor and this has been considered above. • The access route has been clarified and it is as shown on the submitted plans. • The applicant has confirmed that there is a piped watercourse and that depending on the depth of this pipe, the connection would go under or over this. The Environment Agency is satisfied to include an informative relating to land drainage. • A screening opinion has been conducted by the Council for the proposal which determined that the proposal was not EIA development. • Surrounding trees may be deciduous and therefore screening will potentially be seasonal, but based on the scale of the turbine and the separation distances involved, the visual impact of the proposal is considered to be acceptable regardless of screening. • In respect of the court case quoted, as indicated above, the need for renewable energy needs to be balanced against the landscape harm in each individual case. The court case re-emphasizes this approach. • Allerdale has approved more wind turbine development than any other part of Cumbria but this is not in itself justifiable grounds to refuse further development, there must be material planning grounds. • The harm to appearance and character of the area clearly outweighs the benefits. • No evidence has been provided relating to claims that the proposal would adversely impact on tourism. • The guidance relating to turbines suggests that the supporting evidence such as photomontages and ZVI’s should be commensurate with the scale of the development. The photomontages provided are considered to be proportionate and it is accepted that these are indicative only. A ZVI is not considered essential for this scale of development.
Conclusion
In balancing the harmful effects of the proposal, which are in the main limited to the impact on landscape and visual amenity, against the benefits arising from the promotion of renewable energy development, it is considered that the harm identified is outweighed by the benefits in this instance. The recommendation is therefore for approval subject to conditions.
Recommendation: Approve
Conditions/ 1. The development hereby permitted shall be begun before Reasons: the expiration of three years from the date of this permission. Reason: In order to comply with Section 51 of the Planning & Compulsory Purchase Act 2004.
2. The development hereby permitted shall be carried out in accordance with the following plans: Plan 001 - Amended Location Plan Plan 005 ESM_3121CD Rev A - Control Box Cabinet Plan 004- Turbine elevations for E-3120 Endurance turbine Plan 003- Foundation details Plan 002 - Amended Site Plan Reason: In order to ensure a satisfactory standard of development.
3. This permission shall remain valid for a period of 25 years from the date that electricity from the development is first produced ("First Export Date"). The date of the first production of electricity shall be notified in writing to the Local Planning Authority within 28 days of the event occurring. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with Policies EN25 and EN10 of the Allerdale Local Plan, Adopted 1999 (Saved).
4. The permission hereby granted shall be for a period not exceeding 25 years from the date when electricity from the development is first generated. Within 12 months of the cessation of electricity production from the development, or the expiry of the permission, whichever is the sooner, the development hereby permitted shall be removed in its entirety from the site and the site shall be restored either to its condition before the development took place or otherwise in accordance with a scheme that shall have first been submitted to and approved in writing by the local planning authority. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with Policies EN25 and EN10 of the Allerdale Local Plan, Adopted 1999 (Saved).
5. If the turbine ceases to be operational for a continuous period of 6 months, the development hereby permitted shall, within a period of 3 months (or such longer period as may be agreed in writing by the local planning authority), be removed in its entirety from the site and the site shall either be restored to its condition before the development took place, or otherwise in accordance with a scheme that shall have first been submitted to and approved in writing by the local planning authority. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with Policies EN25 and EN10 of the Allerdale Local Plan, Adopted 1999 (Saved).
6. Prior to the erection of the turbine, details of the colour and finish shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out only in accordance with the approved details. Reason: In the interests of visual amenity.
7. The external materials of the control box cabinet hereby approved shall have a dark green finish, unless otherwise agreed in writing by the Local Planning Auhtority. Reason: In the interests of visual amenity.
8. Prior to the erection of the wind turbine, the developer shall provide written confirmation to the Local Planning Authority, NATS En-route plc, and the Ministry of Defence of the proposed date for commencement; the anticipated date of completion of construction, the height above ground level of the highest structure and the position of each turbine in latitude and longitude. Reason: In the interests of air safety.
9. The following background noise levels shall not be exceeded when the wind farm is in operation: a) Night time noise limits (11pm-7am) - The LA90 (10 minutes) specific noise level shall not exceed 45dB (A) when assessed and measured 3.5m from the façade of the nearest noise sensitive uses, namely "Mid Town Farm, Oughterby, CA5 6JH" (in existence at the date of this permission) or 5dB above the night time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater. b) Day time noise limits (7am-11pm) - The LA90 (10 minutes) specific noise level shall not exceed 45dB (A) when assessed and measured 3.5m from the façade of the nearest noise sensitive uses, namely "Mid Town Farm, Oughterby, CA5 6JH" (in existence at the date of this permission) or 5dB above the quiet day time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater. Reason: In the interests of residential amenity and in accordance with Policies EN6 of the Allerdale Local Plan Adopted 1999 (Saved).
10. In the event of a complaint being received in writing by the Local Planning Authority alleging noise nuisance at a residential property or properties due to the wind turbine, the wind turbine operator shall, at its expense, employ an independent consultant approved by the Local Planning Authority to measure and assess the level of noise emissions from the wind turbine at the location of the complainants property. The results of the independent consultant's assessment shall be provided in writing to the Local Planning Authority within three months of the date of notification of the complaint. If a breach of Condition 9 was confirmed in the assessment the operation of the turbine will cease until the Local Planning Authority is satisfied the turbine can operate within the noise limits specified in Condition 9. The operator of the development shall be under no obligation to follow the procedure set out in this condition where the complaint relates to a residential property more than one kilometre from the wind turbine generator. Reason: In the interests of residential amenity and in accordance with Policies EN6 of the Allerdale Local Plan Adopted 1999 (Saved).
11. In the event of a complaint being received in writing by the Local Planning Authority alleging electromagnetic interference at a residential property or properties due to the wind turbine, the wind turbine operator shall, when requested by the Local Planning Authority and at the operators expense, employ an independent consultant approved by the Local Planning Authority to measure and assess the degree of interference from the wind turbine at the location of the complainant's property. The results of the independent consultant's assessment shall be provided in writing to the Local Planning Authority within 3 months of the date of the request. If interference is demonstrated to arise from the turbines, the operation of the turbines will cease until the Local Planning Authority is satisfied that the turbines can operate without causing interference. Reason: In the interests of residential amenity.
12. Before any development commences, a scheme for traffic management for the construction and decommissioning phases of the development, shall be submitted to and approved in writing by the Local Planning Authority. The traffic management scheme shall include any works necessary to the highway and wheel cleaning arrangements to ensure that the public highway is kept clean of any mud or debris from the site. The construction and decommissioning phases shall be completed in accordance with the approved scheme. Reason: In the interests of highway safety.
Notes to Environment Agency Informative: Applicant: There shall be no interruption to the surface water drainage system of the surrounding land as a result of the operations on site. Provisions must be made to ensure that all existing drainage systems continue to operate effectively and that riparian owners upstream and downstream of the site are not adversely affected.