Allerdale Borough Council
Reference No: 2/2012/0624 Received: 26 June 2012 Proposed Proposed erection of 2 no. wind turbines mounted on 15m towers Development: with 5.6m rotors Location: Dundraw Farm Dundraw Wigton Applicant: Mr Harrison
Drawing N umbers: Loc – Site Location Plan 1 – Block Plan Rev C – Turbine details Kingspan KW6 Wind Turbine Noise Performance Test Ecological Assessment Email received 19 September 2012
Constraints:
Policies: Northwest Regional Spatial Strategy Policy DP7 - Promote environmental quality Policy DP9 - Reduce emissions and adapt to climate change 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, Adopted 1999 (Saved) Policy EN5 - Pollution Control Policy EN6 - Location of potentially polluting development Policy EN10 - Restoration, after uses cease Policy EN19 - Landscape Protection Policy EN25 - Protecting the open countryside Policy EN32 - Protecting wildlife protected by law Policy CO18 – Setting of Listed Building Policy CO19 - Protection of Scheduled Ancient Monuments Policy EM17 - Consultation on overhead lines
National Planning Policy Framework Supporting a properous rural economy Protecting Green Belt land Meeting the challenge of climate change, flooding and coastal change Conserving and enhancing the natural environment Conserving and enhancing the historic environment
Relevant Planning A screening opinion was carried out as part of the application and History: it was determined the proposal does not constitute EIA development.
Representations: Parish/Town Council – No objections.
Cumbria Highways –.No objections subject to conditions attached.
RSPB – No reply to date.
Ministry of Defence – No objections.
Arquira – No objections.
Environment Agency – No comments to make.
Environmental Health – No objections subject to noise condition attached.
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.
Natural England –The application is in close proximity to Wedholme Flow Site of Special Scientific Interest (SSSI). However, given the nature and scale of the proposal, we are satisfied that there is not likely to be an adverse effect on this site (24/08/12).
No objections to this proposal on account of impact on designated sites. We therefore confirm the proposal does not appear to be EIA development (30/08012)
NATS – No safeguarding objection.
County Planning – Do not consider the proposal to be a Category 1 application and that the County Council will not be responding from a strategic planning perspective.
Fire Officer – No reply to date.
Cumbria Wildlife Trust – No reply to date.
Stobbart Air (Carlisle airport) – Government policy to encourage generation of electricity from renewable resources has led to a proliferation of wind turbine planning applications across the UK. It is therefore vitally important for the Airport operator to properly assess the potential effect of each development in order to safeguard the continued safety of aircraft operations. Initial assessment of the proposal reveals a potential conflict with Carlisle Airport safeguarding criteria. Consequently a more in- depth assessment of your proposed development is required (10 September 2012)
Stobbart Air (Carlisle Airport) - No objections following the IFP Aviation Assessment (24/09/12).
The application has been advertised on site and adjoining owners have been notified.
Two letters of support have been received from FORCE and Westnewton Action Group. They consider the proposal is an example of a genuinely small scale wind energy scheme in accordance with DECC definition as quoted in the Cumbria Renewable Energy Capacity and Deployment Strategy.
Report Planning permission is sought for erection of two no. wind turbines mounted on 15 metre towers with 5.6 metre rotors, Dundraw Farm, Dundraw, Wigton.
Proposal
The proposal is for two, Kingspan KW6 wind turbines, with three blades. The proposed turbines are to be installed on 15 metre towers, rotor diameter of 5.6m giving a maximum tip height of approximately 17.8m. The turbines would be sited within an agricultural field, to the northwest of the existing farm buildings at Dundraw Farm, to which the land relates. The nearest turbine will be located approximately 140m from the nearest farm building. A distance of 28m will be left between each turbine. The energy produced by the turbines will be sued to power the farm with excess feed back into the National Grid. The proposal includes: • Base work to secure the turbines to the site • Underground wires to connect to the national grid
The tower of the turbine will be galvanised grey with the turbine head and blades white.
Requirement for Environmental Impact Assessment
The Local Planning Authority have issued a screening opinion as part of the application that the proposed development does not constitute EIA development and therefore an EIA is not required to be submitted as part of this application for planning permission.
Site
The application site is located within an agricultural holding in the open countryside to the northwest of the built village of Dundraw. The site is located to the northwest of the farm complex. The proposed wind turbines are located approximately 140m from the public highway. The farm house is located approximately 250m east of the proposed wind turbine.
No new access tracks will be constructed as part of the development. Access to the proposed turbines will be along an existing track through the farm then across the grass.
The field the turbines are to be located in and the immediate fields surrounding are relatively flat and consists largely of intensively managed farmland, with the land to the south of the site rising. The field is bordered by hedgerows with various pallets of trees providing screening both bordering the field and in the surrounding field.
Policy
National planning guidance is supportive of renewable energy production and regional targets are in place to encourage its development. National energy policy recognises that the UK has some of the richest renewable resources in Europe, particularly wind resources, which if captured can make a significant contribution to our long term energy goals on climate change and security of supply. In terms of the planning system, this factor is a material consideration that should be given significant weight when considering renewable proposals.
As core principles, the National Planning Policy Framework includes the requirement to take account of the different roles and character of different areas, recognising the intrinsic character and beauty of the countryside and encourage the use of renewable resources.
The NPPF states that the delivery of low carbon energy and associated infrastructure is central to the economic social and environmental dimensions of sustainable development. In determining planning applications, LPA’s 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.
This positive approach to renewables is underpinned by the Climate Change Act and binding legal targets to reduce carbon emissions.
At the regional level, the North West of England Plan Regional Spatial Strategy to 2021 (RSS) Policy DP9 supports the reduction of greenhouse gas emissions, and EM17 encourages the installation of renewable energy generation, where certain criteria are met. The RSS also contains regional targets for Cumbria. Whilst the Localism Act proposes the abolition of the RSS, a consideration that may be given some weight, the RSS remains part of the Development Plan for the present time. Further, the intention to abolish the RSS in this instance is considered to carry less weight because the underlying binding targets of the Climate Change Act will remain.
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 weight to be given to policy EN25 now depends on compatibility with the NPPF which specifies approval of such applications if its impacts are (or can be made) acceptable.
Assessment
Needs/Benefits
The needs and benefits of the proposal are important elements in the overall planning balance. Guidance in the national energy policy, RSS Policy EM17 and Structure Plan Policy R44 indicates that the wider economic benefits of all proposals for renewable energy projects, at whatever scale, are material considerations that should be given significant weight in determining whether proposals should be granted planning permission.
The livestock farming operations at the site intrinsically require a high level of energy usage. The installation of the proposed turbines would enable the demand of the farm to be met with any surplus being sold back to the grid providing an additional revenue stream, facilitating the diversification of the farm and underlining the sustainability of the business.
Whilst this scheme would make a small contribution towards regional and national targets for the production of energy from renewable sources, it remains valuable, thus contributing to meeting the targets of the Climate Change Act and National Energy Policy. Whilst the local economic benefits cannot be precisely quantified, there would be some in terms of construction and maintenance contracts and agricultural diversification. 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 policy, a need for developments of this type exists. These are material considerations that weigh significantly in the planning balance.
Landscape and Visual Impact
The application has been accompanied by a basic Visual Impact Assessment (VIA). The assessment has not been carried out by a qualified landscape architect.
Within the Cumbria County Council landscape classification, the site lies within Landscape Character Area 5b: low farmland. No national landscape designations apply.
The site lies in a rural location characterised by rolling agricultural land, interspersed by trees and hedges. Wide ranging views can be obtained of the wider landscape. Within the vicinity of the site are a number of man-made structures, largely farming related buildings and roads.
Public views of the proposed turbine would be possible from along parts of the surrounding highway network. Residents of Dundraw and dispersed properties within the locality may experience views of the turbine, the nearest non-related property is approximately 250m to the southeast.
Landscape Character 5b, is assessed as having a moderate capacity to accommodate wind energy development. This proposal is for two turbines at this location, at approx. 17.8m in height (15m to hub),
The majority of smaller scale wind installations are ground-based developments, with only few that are building integrated (on top roofs). Small scale ground-based turbines, by their nature have lower hub/tip heights of 15m above ground level and are viable at lower wind speeds (4.5m/s at 10m above ground level.
They are usually installed on-site and supply on-site demand first before feeding the excess to the grid”. (Source DECC/CLG 2010).
The number of turbines proposed fall within the identified landscape capacity of this landscape character sub-type. It is considered that the two turbines would be of a scale appropriate to the farm holding, and it is not considered that the turbines would appear to be out of scale with this expansive landscape .
There is no significant clutter of man-made structures within the immediate vicinity of the site. Given the small scale of the development in comparison to commercial wind energy developments, longer range views will be reduced to a degree by topography, existing buildings, mature trees/woodland and so forth. Visual impact is reduced with distance. In the recent appeal decision for the wind energy development at Westnewton, the Inspector concluded that despite the intensification of turbines between Workington and Carlisle, the landscape remains the dominant feature and would be described as a landscape with windfarms and not a windfarm landscape. The erection of two small scale turbines at this location is not considered to alter this description and would not create a sense of the landscape being dominated by wind turbines.
Visual Amenity
There are no public footpaths within the immediate vicinity.
The nearest property other than the farmhouse is 250m.
The surrounding area is rural in nature, with the built format of Dundraw lying 150m to the southeast. There are various small clusters of dwellings within 1.21km of the site, these been Lessonhall, Kelsick and Moor Row. The town of Wigton lies to the southeast of the site (approx 3.32km), Waverton to the south (approx 2.7km), Blencogo to the southwest (approx 2.29km), Abbeytown to the northwest (approx 3.68km) and Oulton to the northeast (approx 2.86km).
Views of the turbines from the nearby settlements may be possible, but due to the orientation of the dwellings, the siting of the turbines behind the existing farm buildings, levels of the land and trees/hedgerows, it is not considered that the turbines would appear visually dominant to residents of these localities. The proposal is well in excess of 10 rotor diameters from the nearest non-related property and therefore the issue of Shadow Flicker is not considered to be of significant weight.
As such, officers consider the likely visual effects of the proposed turbines are not considered to be significantly sufficient to warrant refusal.
Cumulative Impact
There are 6 existing large (approximately 65m to tip) turbines at Great Orton, approximately 9.94km to the northeast, High Pow wind farm which comprises of 4 turbines (approximately 121m to tip) over 8km northwest of the site. Other sporadic turbine development and wind farms with 5km extend across the borough with many small scheme single turbines pending and approved in the vicinity. These are:
• 2/2007/1053 Springfield House, Moor Row, Wigton 1 turbine 19.5m total height approximately 1.09km south west – approved on appeal. • 2/2012/0603 Prospect House, High Scales 1 turbine 67m total height approximately 4.5km south west – pending. • 2/2010/0722 Prospect House, High Scales 1 turbine 20.3m total height approximately 4.9km south west – allowed on appeal. • 2/2011/0895 Moss Side House Farm, Newton Arlosh 1 turbine 20.98m total height approximately 3.3km north west – approved. • 2/2011/0938 Shaw House, Kirkbride 1 turbine total height of 24.83m approximately 4.7km north of proposal – approved. • 2/2012/0146 Moorhouse Hall, Aikton 1 turbine total height of 24.9m approximately 4.95km east of proposal – approved.
The number of existing or approved turbines of all scales within this locality is increasing. However, in considering the small scale nature of the current proposal and the separation distances involved to other turbine developments, the magnitude of potential landscape and visual impacts cumulatively of this and other turbines, are not considered to be sufficiently significant to warrant refusal .
Due to the size and existing landscape and manmade features any visual interaction would be limited. As such, the proposal is not considered to give rise to significant cumulative effects in terms of either landscape character or visual amenity.
Designations
The site is in excess of 11km from the Lake District National Park and 3.7km from the Solway Coast AONB. The proposed turbine would be too far away, too small and too inconspicuous to result in any harm to the special qualities of either of these designations.
Biodiversity
The turbines have been sited over 50 metres away from an existing hedgerows or buildings. The turbines however, would be located in a goose and swan alert area and the Wedholme Flow Site of Special Scientific Interest (SSSI) lies 1.14km north of the site.
An ecological assessment has been submitted with the application. The appraisal concludes that:
• The pastoral land will provide only poor quality forging habitats for bats. There are no potential roost sites within 50m of the proposed turbines. • There are no areas of standing water or watercourses within the field. • No impact on great crested newts, otters, red squirrel or water vole are anticipated, as the development footprint contains no suitable habitats for these species. • The number of birds nesting within the development footprint is likely to be very low. No potential nesting species were recorded within the field. • Although swan and geese are likely to move around the area in small numbers during winter, potentially passing over the site, such movements are generally at height, and much above the height of the turbines proposed, in particular due to the relatively cluttered nature of the area, with field trees, hedgerow and farm buildings surrounding the proposed development field. • Overall, it is not considered that ecological concerns are a significant constraint to the proposed development. • No further surveys were recommended.
Natural England are satisfied that the proposal is not likely to be an adverse effect on the Wedholme Flow SSSI as a result of the proposal nor do they consider the proposal to constitute EIA development.
RSPB and Cumbria Wildlife Trust have not responded on 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:
• In low noise environments, daytime noise levels 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 35 dB (A) up to wind speeds of 10 m/s should not require background noise measurements.
Environmental Protection officers have raised no objections to the proposal subject to conditions attached that the noise from the wind turbine be limited to reflect the ETSU standards. Based on this advice from Environmental Protection, the proposal is considered to be acceptable with regard to noise levels generated.
Shadow Flicker
Research suggests that shadow flicker effects have been proven to occur only within 10 rotor diameters of a turbine. With a rotor diameter of 5.6m, there is the potential for shadow flicker to occur within 56m of the proposed turbine. No residential dwellings or their associated curtilage areas are within 56m of the turbine. Should complaints arise regarding shadow flicker, there is the potential for this to be investigated as a nuisance by Environmental Protection.
Electromagnetic Interference (EMI), Aviation and RADAR
The CAA and the MoD have been consulted on the proposal. The MoD raise no objections and no conditions have been requested with regard to the proposal. The standard response from the CAA for turbines indicates that the CAA has no responsibility for safeguarding sites other than within its own property. The scheme is considered acceptable in terms of aviation safety and radar.
Aviation
Government policy to encourage generation of electricity from renewable resources has led to a proliferation of wind turbine planning applications across the UK. It is therefore vitally important for the Airport operator to properly assess the potential effect of each development in order to safeguard the continued safety of aircraft operations.
Carlisle Airports initial assessment of the proposal revealed a potential conflict with Carlisle Airport safeguarding criteria. Consequently they requested a more in-depth assessment of the proposed development be carried out.
The applicant has commissioned Carlisle Airport to carryout an aviation assessment. The report concluded that there will be no significant impact from the proposed wind turbines on Carlisle Airport. Carlisle Airport have confirmed they have no objections to the proposal.
Highway/Traffic Impact
The Highways Authority generally suggest 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 rare). The separation distance proposed to the highway, 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.
Access to the proposed turbines will be along an existing track through the farm then across the field.
The County Council Highways Team have raised no objection to the proposal.
Hydrology, Hydrogeology, and Geology
It is considered that adequate mitigation measures can be incorporated into any build to ensure no significant pollution to the water environment, in accordance with saved policy EN5 of the Allerdale Local Plan, First Alteration.
Heritage
There are no known heritage assets within the application site. There are Grade II Listed Buildings lying in Dundarw approximately 250m southeast of the site, these are The Laurels and Adjoining Barn, The Cottage and Adjoining Barn and Limes Farmhouse and Adjoining Barn (which is currently in the process of been converted to dwellings). However due to the separation distance and buildings between the Listed Buildings and the application site officers consider the proposal is unlikely to have any significant adverse impacts on such heritage assets. The proposal is therefore considered acceptable in relation to policies CO18 and CO19 of the Local Plan, E38 of the Joint Structure Plan and the guidance contained within the NPPF.
Conclusion
In balancing the harmful effects of the proposal, which are in the main limited to the impact on the landscape/visual amenity, against the benefits arising from the promotion of renewable energy development, it is considered that the visual harm identified is outweighed by the benefits arising from the proposal.
Members are therefore recommended to approval the proposal.
Recommendation: Approved
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 solely in accordance with the following plans: Loc – Site Location Plan 1 – Block Plan Rev C – Turbine details Kingspan KW6 Wind Turbine Noise Performance Test Ecological Assessment Email received 19 September 2012 Reason: In order to comply with Section 51 and Section 91 of the Planning & Compulsory Purchase Act 2004.
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. Not later than 12 months before the end of this permission, a decommissioning and site restoration scheme shall be submitted for the written approval of the Local Planning Authority. The scheme shall make provision for the removal of the wind turbines and the associated above ground equipment and foundations to a depth of at least one metre below ground. The approved scheme shall be fully implemented within 6 months of the expiry of this permission. 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 any turbine hereby approved ceases to be operational for a continuous period of at least 6 months, the turbine shall be removed and the land restored in accordance with a decommissioning and site restoration scheme approved in writing by the Local Planning Authority. The decommissioning and site restoration scheme shall be submitted to the Local Planning Authority within three months of the continuous six month cessation period coming to an end. The land shall be restored in accordance with the approved scheme within 6 months of the scheme's approval 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. Within 6 months of the completion of the construction works, any temporary working areas around the turbine shall be removed. 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).
7. Prior to the erection of the first 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.
8. All wind turbine blades shall rotate in the same direction. Reason: In the interests of visual amenity.
9. All cabling between the turbines and between the turbines and the substation shall be laid underground. Reason: In the interests of visual amenity.
10. The following background noise levels shall not be exceeded when the wind farm is in operation: a) Night time noise limits (11 p.m. to 7 a.m.) - The LA90 (10 minutes) specific noise level shall not exceed 45dB (A) when assessed and measured 3.5m from the façade of the nearest financially involved noise sensitive use, namely Dundraw Farm, Dundraw, CA7 0DP (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 (7 a.m. to 11 p.m.) - The LA90 (10 minutes) specific noise level shall not exceed 45dB (A) when assessed and measured 3.5m from the façade of the nearest financially involved noise sensitive use, namely Dundraw Farm, Dundraw, CA7 0DP (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 Policy 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 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 the noise limits specified in Condition 10 is confirmed in the assessment the operation of the turbines shall cease until the Local Planning Authority is satisfied that the turbines can operate within the noise limits specified in Condition 10. 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 3 kilometre[s] from the wind turbine generator. Reason: In the interests of residential amenity and in accordance with Policy EN6 of the Allerdale Local Plan Adopted 1999 (Saved).
12. In the event that a written complaint is received relating to electro-magnetic interference a written scheme shall be submitted to and approved by the Local Planning Authority setting out a protocol for the assessment of electro-magnetic interference, including remedial measures. Operation of the turbines shall take place in accordance with the agreed protocol unless the Local Planning Authority gives its prior written consent to any variation. Reason: In the interests of residential amenity and in accordance with Policy EN6 of the Allerdale Local Plan, Adopted 1999 (Saved).
13. Prior to the First Export Date a written scheme shall be submitted to and approved in writing by the Local Planning Authority setting out a shadow flicker protocol for the assessment of shadow flicker in the vent of any complaint from the owner or occupier of a dwelling (defined for the purposes of this condition as a building within a C3 or C4 Use Class of the Use Classes Order) which lawfully exists or had planning permission at the date of this permission. The written schemes shall include remedial measures. Operation of the turbine shall take place in accordance with the approved protocol unless the Local Planning Authority gives its prior written consent to any variation. Reason: In the interests of residential amenity and in accordance with Policy EN6 of the Allerdale Local Plan, Adopted 1999 (Saved).
14. During the construction phase no vehicle shall leave the site in a condition that would give rise to the deposit of mud, dust or other debris on the public highway. Reason: In the interest of highway safety.
15. The applicant shall submit a Traffic Management Plan for approval. All identified highway works shall be completed to the satisfaction of the Local Planning Authority in consultation with the Highways Authority prior to work commencing on site. Reason: In the interest of highway safety.
16. The works shall be implemented solely in accordance with the mitigation and compensation strategy outlined in the Ecological Assessment received 14 August 2012. Reason: To safeguard the habitat of bats, in compliance with Policy EN32 of the Allerdale Local Plan, Adopted 1999 (Saved).
Notes to None Applicant: