SCHEDULE A

Complex Planning Applications

SCHEDULE 3 SL/2014/0496 No:

BURTON IN KENDAL: Land associated with Deerslet, Burton, LA6 1JG

PROPOSAL: Siting of single 46.3 m high (to blade tip) wind turbine

Mr Steve & Richard Lawson

Website Link to Application

E352270 N475377 26/02/2015

SUMMARY Siting of single wind turbine 46.3 metres high to blade tip on land associated with Deerslet Farm located to the south-west of Burton-in-Kendal close to the boundary with Lancaster City Council. The main issues relate to visual and landscape impact of the structure and cumulatively with other consented turbines upon the and Silverdale AONB and surrounding area.

DESCRIPTION AND PROPOSAL: Site Description: The proposed turbine would be sited within improved agricultural land which sits between the (between junction 35 and 36), along its western boundary at a distance of 300 metres, and the A6070 to the east at a distance of 440 metres. To the north of the site is a minor road of Tarn Lane at a distance of around 450 metres whilst to the south is another minor road called Cinderbarrow Lane. The site is located approximately 950 metres to the southwest of Burton in Kendal, around 670 metres to the south-east of Burton Services and close to the boundary with Lancaster City Council. The site is within in an area of undulating open countryside, on the southern facing slope of a drumlin and is an improved agricultural field which is bounded by mature hedgerows, the nearest of which is just over fifty metres to the south of the proposed site. On the same site around eighty metres to the north-west is a 26 metres high telecommunication mast. Other vertical structures in the vicinity are the 400Kv electricity lines and associated pylons which pass to the west of the site at around 330 metres away. The nearest residential properties to the site are at the applicant’s farm steading approximately 160 metres to the east which consists of three houses, and a range of agricultural buildings. To the south east and north east there are two groups of dwellings, across the A6070. The nearest of these are Millholm and Heronsyke at distances of 640 and 730 metres. There are no statutory environmental or landscape designations on or immediately adjoining the site, however the boundary of the Arnside & Silverdale AONB is located 1.2km to the west of the site. Burton-in-Kendal Conservation Area is located some 950 metres to the north-east of the site at its closest point whilst Saltmire Bridge a Grade II Listed canal bridge, on the , is approximately 400 metres to the south-west, a Grade II Listed milestone is 550 metres to the north-east, whilst Cinderbarrow, a Grade Listed farmhouse, is 780 metres to the west. Yealand Conservation Area is 1.6km to the west of the site and the village of Burton-in-Kendal to the north-east also have Conservation Area designation. On a wider scale the Bowland Fells Special Protected Area (SPA) is located approximately 15km to the south; Bay SPA is approximately 6 kilometres to the south-west and Leighton Moss SPA lies approximately 3.5km to the west of the application site.

Proposal: Planning permission is sought for the erection of a single wind turbine with a maximum height to blade tip of 46.3 metres. The turbine parameters are based on the Endurance Windpower E-3120 with a maximum 55kW output capacity. It would be a three bladed structure with a tapered monopole tower, a hub height of 36.6 metres and a blade diameter of 19.2 metres.

The turbine would be sited on a 1.25 metre deep concrete base measuring 7x7 metres with grid connection via a cable through to the existing track down to farm buildings. It is estimated that the turbine would generate approximately 200,000 kW of electricity which would be connected directly to the grid and contribute to the farm business. The application is accompanied by a design and access statement which includes details on noise, photomontages and a Landscape Assessment and community consultation responses. It became clear that through the application process that this community consultation was very limited in scope. However by that time the application had started and consultation had taken part with the community and Parish Council. The agent has sent a letter which was subsequently sent out but no results from those consultations have been submitted.

Further information has been sought from the applicant with regards to cumulative impact of nearby and other viewpoints and two further reports were submitted dated 05 September 2014 and 05 November 2014. Site History and other relevant planning applications: A single 70 metre turbine was approved at Burton Motorway Services towards the end of August 2013 by Planning Committee (SL/2013/0401). This has not been constructed.

Planning permission for two 35 metre turbines was sought on land at Green Dragon Farm 450 metres to the north of the site and refused by Planning Committee in January 2014. The reasons for refusals were:

1. The proposed turbines would appear as prominent vertical structures which would appear incongruous in their surroundings and visible from a wide area. As a consequence, the turbines will have a harmful effect on the character and appearance of the landscape, and would thus be in conflict with the aims and objectives of Policies CS5, CS7.7 and CS8.2 of the adopted South Lakeland Core Strategy and saved Policy C26 of the South Lakeland Local Plan.

2. The proposed turbine would have a significant adverse visual impact upon both the setting and the special qualities of the Arnside & Silverdale AONB, and as such the proposal would be contrary to Section 11 of the National Planning Policy Framework and policy CS5 of the South Lakeland Core Strategy.

3. The close proximity of the proposed development to the adjacent approved turbine in the locality would result in a harmful cumulative impact upon the surrounding area, contrary to Policies CS7.7 and CS8.2 of the adopted South Lakeland Core Strategy.

4. In the absence of appropriate ecology survey information, there is insufficient information to determine the likely impact of the proposed development upon protected species in the vicinity of the site.

Within Lancaster City Council administrative area two turbines have been approved but currently not constructed. These are at Greenlands Farm a 35 metres high turbine around 1km to the south of the application site and at Fishing Lodge, a 45 metre high turbine around 2.5km to the south of the application site.

CONSULTATIONS: Burton-in-Kendal Parish Council: Object to the proposal because of the visual impact it will have on the area due to the height of the turbine.

Yealand Redmayne Parish Council: Strongly object. The size of turbine is too high for this Area of Outstanding Natural Beauty and could affect the working of the telephone mast.

Yealand Conyers Parish Council: Adverse visual and technical impact with cumulative impact of turbine seen from AONB would be detrimental to special area. Borwick Parish Meeting: Object. Believe the height of the turbine would render it a very tall, isolated structure in its environment creating a negative visual impact on area. Cumulative impact of turbine in AONB given flurry of other approved schemes at Greenlands Farm, Burton Services, Borwick Fishing and Quarry at . Likely that Conservation Areas of , , Warton, and Borwick would be affected by turbine particularly when viewed in close proximity to other turbines such as the one recently approved at Greenlands Farm.

Priest Hutton Parish Meeting: Industrial commercial venture which has no place in this area and would have adverse landscape and visual effects and harmful to the character and appearance of the area. Rural area has many holiday dwellings, this development would not make people stay in the area and economic benefits would be severely reduced. A full assessment should be made by Highways and Police regarding the type and extra traffic emanating from this proposal.

Lancaster City Council: Objects due to prominent position of proposed turbine which would be seen as isolated vertical structure from some views. It is considered that the proposal would result in cumulative impact in conjunction with nearby approved turbines on the AONB and the Conservation Areas of Yealand Conyers and Redmayne, Warton, Priest Hutton and Borwick. However given the distance and the scale of the turbine, it is unlikely that there would be significant impact on these Conservation Areas.

Environmental Protection Officer: ETSU-R-97 (‘The Assessment and Rating of Noise from Wind Farms’) is the standard used for the assessment of noise from a single wind turbine or a wind farm at the planning stage. For single wind turbines or wind farms with very large separation distances between turbines and the nearest properties ETSU-R-97 suggests that a simplified noise condition may be suitable. Suggested conditions relating to noise emissions control and monitoring.

Arnside and Silverdale Area of Outstanding Natural Beauty (AONB): Object The AONB Executive Committee stresses the need for development of any kind to take place in ways that avoid adverse impacts on the nationally important protected landscape of the Arnside & Silverdale Area of Outstanding Natural Beauty and its setting, including views out from the AONB. Section 115 of the National Planning Policy Framework states: “Great weight should be given to conserving landscape and scenic beauty in ... Areas of Outstanding Natural Beauty, which have the highest status of protection in relation to landscape and scenic beauty.” It is the view of the AONB Executive Committee that this proposed development would have significant detrimental impacts on the landscape and special qualities of the AONB and consider that this proposal is contrary to both national and local planning policy and therefore raise an objection. The proposed turbines would be prominent from the farmland, parkland and limestone hills of the eastern margin of the Arnside & Silverdale AONB. From the villages of Yealand Conyers, Yealand Redmayne and the turbine would be visible in the middle distance with varying degrees of screening. The development would also be prominent for viewpoints in the AONB and from Farleton Fell. Significant harm to the landscape character is likely as the application would result in a visual group of three turbines; such prominent vertical structures within a narrow field of view, in the low-lying drumlin landscape would cause significant visual intrusion. There are now very serious concerns regarding cumulative landscape impacts on the AONB from large wind turbine development along the M6 corridor adjacent to the eastern boundary of the AONB. It is the view of the Executive Committee that this development should be resisted due to the high landscape sensitivity and low capacity to accommodate further turbine development, given the number of turbines that have already been constructed or approved. The undulating landscape, hedges and trees would not mitigate the prominence of the group of turbines from adjacent farmland and higher, more sensitive limestone hill locations within the AONB. Whilst there will be other structures of comparable height in this location in the future, we feel the creation of an additional group of turbines will generate disproportionate visual impacts. Visual receptors within the AONB include residents within the settlements of Yealand Conyers, Yealand Redmayne and Yealand Storrs. Given the development’s position close to important public access sites and popular elevated viewpoints the development would be prominent in the landscape and adversely affect the enjoyment of the AONB by local residents and visitors. Users of public footpaths, nature reserves and recreational routes in the AONB would experience significant visual effects up to approximately 2.5km from the proposed turbine. The development site is close to a node of recreational routes and is therefore likely to impact on larger numbers of recreational users than would otherwise be the case. The sensitivity of the low-lying land to vertical structures is high and would detract from the enjoyment of the landscape by residents and visitors, impacting on the tourism offer of the area.

Friends of the Lake District/CPRE: We object to this proposed development on the basis of impact on the landscape, including the landscape of the AONB. The proposed turbine site lies within 1km of the Arnside and Silverdale AONB. However, the application does not take the impact of the turbine on the Arnside and Silverdale AONB into account. There is no reference to the AONB and the value of its landscape in the LVIAA. Number of viewpoints actually lie within the AONB (montages2 -4) but the evaluations of receptor sensitivity and magnitude of impact do not acknowledge the value of the AONB landscape and its designation, so therefore the visual impact assessment of the site is incomplete and may be inaccurate. FLD considers that there will be an adverse visual impact on the setting and special qualities of the Arnside and Sliverdale AONB, and as such the proposal would be contrary to Paragraph 11 of the National Planning Policy Framework, and also policy CS5 of the SLDC Core Strategy.

The site lies within landscape character type 7b Drumlin Field as defined in the Landscape Character Guidance and Toolkit (CLCGT). The Cumbria Wind Energy Supplementary Planning Document describes this landscape as having a low/moderate capacity to accommodate single turbines as it has a moderate to high sensitivity overall. The document states that there is a particular sensitivity in relation to open prospects across the low drumlins from the eastern side of the Arnside/Silverdale AONB, from Farleton Fell back to the AONB and the Limestone Link recreation route between them. In its guidance on development, the CLCGT states “Avoid prominent hill tops or cutting across slopes, particularly with reference to tall structures such as pylons and large scale wind turbines and, take advantage of natural containment by landform and trees”.

As the turbine position is close to the summit of a drumlin, FLD considers that the proposed development does not conform to the CLCGT.

The Burton Services turbine lies within 800 metres of this proposed turbine. It would appear that both turbines would be able to be viewed in combination from various places in the local area, including from within the AONB, from Farleton Knott and from the M6.

There is also the matter of sequential cumulative impact, where a number of turbines already erected or permitted along the M6 corridor will be viewed one after another. As this turbine will be viewed from the M6, it would add to this cumulative impact. Friends of the Lake District therefore considers that this proposal would be contrary to SLDC Core Strategy Policies CS5 and CS8.2 on the basis of cumulative impact on the landscape.

In summary, Friends of the Lake District objects to this application on the basis of landscape impact both alone and in combination, and in particular because of adverse visual impact on the Arnside and Silverdale AONB.

Natural : No objection based upon the information provided, Natural England advises the Council that the proposal is unlikely to affect any statutorily protected sites or landscapes. With regards to protected species it advises the Council to have regard to standing advice.

MOD: No objections. Would like to be informed of date of construction, max height and latitude and longitude of every turbine.

Civil Aviation Authority: There is currently a high demand for CAA comment on wind turbine applications which exceeds the capacity of the available resource to respond to requests within the timescales required by Local Planning Authorities. The CAA has no responsibilities for safeguarding sites other than its own property, and a consultation by a Council is taken as a request for clarification of procedural matters. Councils are reminded of their obligations to consult in accordance with ODPM/DfT Circular 1/2003 or Scottish Government Circular 2/2003, and in particular to consult with NATS and the Ministry of Defence as well as any aerodromes listed in Annex 3 of the above documents, taking note of appropriate guidance and policy documentation.

NATS: No objection

MLL Telecom: There are no existing links within a 10km radius of the proposed wind turbine, and therefore have no objection regarding the proposal.

Arqiva : Arqiva is responsible for providing the BBC and ITV’s transmission network and is responsible for ensuring the integrity of Re-Broadcast Links. No objection to this application.

The Joint Radio Company Limited: JRC analyses proposals for wind farms on behalf of the UK Fuel & Power Industry. Withdrew objection and cleared with respect to radio link infrastructure.

Vodaphone: Originally objected to the application as it was within the clearance margins for fixed link radio path but as a result of calculations have reported there is sufficient clearance and remove objection.

RSPB : No comments received

County Council Historic Environment Officer: No objections, comments or recommendations

Cumbria Highways: No comments received

Neighbours and Others: Three site notices were erected around the site and letters were sent to neighbouring properties. There have been six letters of representation which object to the scheme one of which is the constituency MP for Morecambe and Lunesdale. The comments from the MP are said to be made on behalf of a number of constituents that live in Yealand Redmayne who have expressed concern. Concerns raised includes: • The turbine is in a rural area and would have negative influence on countryside. • Concern about close proximity to approved turbine at Burton Services. • Very close to the AONB which should be protected as a paramount priority. • The turbine could affect the number of tourist coming to visit the AONB as they feel the landscape has been blighted by the turbine. Other concerns raised are • The cumulative impacts would be contrary to SLDC Core Strategy Policies CS5 and CS8.2. • Sited high upon drumlin and would be skylined form some locations and be particularly prominent. • No compensation given to local communities like the Burton Services turbine. • Concerns about consultation • Site is not one where structure would operate at maximum efficiency and the small amount of power generated would be disproportionate to the cost. • Coastal environment more suited to these developments. Fifth application in area amounts to wind farm by stealth .

Applicant’s Representations:

The agent has submitted a design and access statement with the application in which it is concluded that:

In assessing this application in relation to policy and environmental context, it is considered that the application should be granted for the following reasons:

• The proposed wind turbine would be positioned to the north west of the farmstead in a location where the visual intrusion would be minimised and the turbine seen against the context of hedgerows, maturing trees and farm buildings. • The proposed turbine would not be seen as an isolated feature within the countryside but would clearly relate to the farmstead and the function would be readily appreciated.

• The scale and location of the wind turbine would be such that the impact on nearby residential properties would be negligible with any impact confined to a visual appreciation of its siting. This in its own would not constitute a material harm to living conditions and it is thus considered that the amenity of neighbouring properties would be maintained.

• There are a variety of ecological designated sites within the wider area. However the nearest of these is at 2.3km (Cringlebarrow and Deepdale Site of Special Scientific Interest (SSSI)) and relates to a Broadleaved, mixed and yew woodland and is shown within the ecological plan provided as part of the application. Hutton Roof Crags is next nearest at 2.6km and relates to geological interest. Neither of which would be affected by the introduction of the proposed turbine. With other designated sites being located further away the impact on ecological designations is likely to be minimal.

• There are no other material planning considerations that would outweigh the overriding benefits of this proposal in providing a renewable energy source and the long term environmental benefits this brings.

• Having regard to the above and all other matters, it is considered that the proposed development meets the expectations of policies of the Development Plan and other policy guidance including specifically the provisions of the NPPF. It is thus felt that this application should be granted subject to reasonable and appropriate conditions.

The cumulative impact study concludes that:

Overall, cumulative effects arising as a result of this wind turbine scheme are considered to be limited. This is due to the fact that all other consented developments in the immediate area are small to medium scale developments and located in an area where the influence of the proposed turbine is reduced. The photomontages contained in Appendix 1 are taken from a range of viewpoints and show only a moderate at worst cumulative impact arising from any of the assessed viewpoints. Where the overall impact has been deemed as moderate in two viewpoints, there is actually no inter-visibility with any turbine within the same view from these locations, but the proposed turbine in itself is visible and the viewpoints are located within the AONB which is measured as a high sensitivity location. The combined cumulative effects within other viewpoints where more than one turbine is shown to be visible are slight-moderate at worst when considering the additional impact of this proposed turbine. It is therefore considered that the addition of this turbine in this area would be acceptable in cumulative impact terms and a landscape character area without the perception of a wind farm would be maintained.

Planning Policies:

Section 66 of The Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended states that the Local Planning Authority shall have regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. When considering any Conservation Area consent or planning permission decision that affects a Conservation Area a Local Planning Authority must pay special attention to the desirability of preserving or enhancing the character or appearance of that area. Section 85 of The Countryside and Rights of Way Act 2000 (as amended) states that in exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty, a relevant authority shall have regard to the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty. A Screening Opinion has been issued by the Local Planning Authority that concluded that the development does not require an Environmental Impact Assessment is not required.

South Lakeland Core Strategy Policy Policy CS1.1 Sustainable Development Principles supports increasing the proportion of energy derived from renewables or other more sustainable options, whilst siting it is vital to protect the countryside for its intrinsic beauty, diversity and natural resources and also for its ecological, geological, cultural and historical, economic, agricultural, recreational and social value. Specific reference is made to the need to take account of and enhance landscape character and features particularly the AONB and coastal areas. The area’s role as a setting for and gateway to the Lake District and Yorkshire Dales National Parks should be developed.

Policy CS5 The east seeks to ensure that new development safeguards and enhances the natural environment – notably the AONB and international designations within the area, and supports habitat creation. It is stated that when considering development proposals within or affecting the setting of the Arnside and Silverdale AONB, give high priority to: the conservation and enhancement of the character of the landscape, including its historic dimensions; the protection and, where appropriate, enhancement of flora, fauna and geological features; and, safeguarding these identified attributes from inappropriate change and development.

Policy CS7.7 Opportunities provided by energy and the low carbon economy supports in principle appropriately located renewable energy schemes. It is acknowledged that there are some energy sources which need to be remote from residential areas and other sensitive land uses, and projects should avoid any harmful impact upon the historic environment.

Policy CS8.2 Protection and enhancement of landscape and settlement character states that development proposals should be informed by and be sympathetic to the distinctive character landscapes identified in the Cumbria Landscape Character Guidance and Toolkit; the Arnside and Silverdale AONB Landscape and Seascape Assessment; features identified in relevant settlement studies and local evidence; and, the Arnside and Silverdale AONB Management Plan. It is stated that development proposals should demonstrate that their location, scale, design and materials will protect, conserve and, where possible, enhance: the special qualities of the environment associated with the nationally designated areas of the National Parks and Arnside and Silverdale AONB including their settings; the special qualities and local distinctiveness of the area; distinctive settlement character; and, the setting of, and views into and from the AONB, the National Parks, Conservation Areas and individual built/manmade features that contribute to landscape and settlement character.

Policy CS8.4 Biodiversity and geodivesity relates to and states that all development proposals should protect, enhance and restore the biodiversity and geodiversity value of land and buildings. It also states that development proposals that would have a direct or indirect adverse effect on nationally, sub-regional, regional and local designated sites will not be permitted unless they cannot be located on alternative sites that would cause less or no harm; the benefits of the development clearly outweigh the impacts on the features of the site and the wider network of rural habitats; and prevention, mitigation and compensation measures are provided.

Saved Policies of the South Lakeland Local Plan Saved Policy C6 Conservation Areas states proposals for development or land use change which may affect a European site, a proposed European site, or a Ramsar site will be subject to the most rigorous examination. Development or land use change not directly connected with or necessary to the management of the site and which is likely to have significant effects on the site (either individually or in combination with other plans or projects) and which adversely affects the integrity of the site, will not be permitted unless the authority is satisfied that: (a) there is no alternative solution; and (b) there are imperative reasons of overriding public interest for the development or land use change.

Saved Policy C7 National Sites confirms that proposals for development in or likely to affect Sites of Special Scientific Interest will be subject to special scrutiny. Where such development may have a significant adverse effect, directly or indirectly on interests of nature conservation importance it will not be permitted unless the reasons for the development clearly outweigh the value of those interests and the national policy to safeguard the intrinsic nature conservation value of the national network of such sites.

Saved Policy C26 Wind Energy of the Local Plan covers wind energy proposals and states that their acceptability will be judged according to whether a number of defined criteria can be satisfied. One of the criteria is that the proposal’s energy contribution and other benefits outweigh any significant adverse impact on the character and appearance of the landscape, the amenity of residential properties, nature conservation, archaeological or geographical interests.

Saved Policy S2 Design provides guidance in respect of the design of all new development.

The Cumbria Wind Energy Supplementary Planning Document This was adopted in 2007 and provides guidance for the consideration of wind energy developments. Part 2 of the guidelines provides specific guidance on landscape and visual issues and identifies the potential capacity of various landscape types throughout the county to accommodate different scales of wind farms. The areas designated as drumlins are considered to have low/moderate capacity to accommodate single turbines or small cluster sized developments. This reflects a moderate/high sensitivity overall, rarity and moderately strong historical and geomorphological interests and cultural associations. It states that turbine development is likely to intimidate the small scale nature of the component hills and ridges and that the restricted views created by this relief are vulnerable to visual dominance, an issue likely to be of heightened significance in South Lakeland which has a heavy pattern of small dispersed settlements.

Cumbria Landscape Character Guidance and Toolkit This document was prepared by Cumbria County Council in conjunction with the district authorities in March 2011. The site is located in/adjacent to an area identified as drumlin field. The key characteristics of this landscape are tracts of high drumlins; rounded tops with steep sides; distinct landform grain; hedges and stone walls from strong boundaries; streams and wet hollows are found in the valleys and dips between the drumlins; farms and development often nestle in intersecting valleys; narrow lanes with tall hedges and steep banks criss-cross through the drumlins. With regards to development, the guidance states that infrastructure developments such as large scale wind energy and pylons could cut across the grain of the landscape and introduce structures that dominate the drumlin characteristics. It advises that the siting of large scale wind energy should be avoided in open and prominent areas where they could degrade the rural character of the area.

It is worthy of note that the site falls within a landscape areas designated as 12b Warton-Borwick character type per the Landscape Strategy for . The respective areas share similar key characteristics and are defined as separate types/sub types as they are located within different local authority boundaries. The site is located on the boundary where the transition is gradual and barely perceivable.

National Planning Policy Framework Section 10 Meeting the challenge of climate change, flooding and coastal change, states that planning plays a key role in supporting the delivery of renewable and low carbon energy and associated infrastructure. When determining applications, LPAs should approve the application if its impacts are (or can be made) acceptable. It should also be recognised that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions.

Section 11 Conserving and enhancing the natural environment, states that the planning system should seek to protect and enhance valued landscapes and to minimise impacts upon biodiversity.

Planning Practice Guidance for Renewable and Low Carbon Energy A Government guidance document, issued in July 2013, sets out the main planning considerations relating to wind turbine applications. This replaces the Companion Guide to PPS22 and is a material consideration in planning decisions. These include: • The need for renewable energy does not automatically override environmental protections. • Cumulative impacts require particular attention, especially the increasing impact that wind turbines can have on landscape and local amenity as the number of turbines in an area increases. • Local topography is an important factor in assessing whether wind turbines could have a damaging effect on landscape and recognise that the impact can be as great in predominantly flat landscapes as in hilly or mountainous areas. • Great care should be taken to ensure heritage assets are conserved in a manner appropriate to their significance, including the impact of proposals on views important to their setting. • Proposals in National Parks and AONBs, and in areas close to them where there could be an adverse impact on the protected area will need careful consideration. • Protecting local amenity is an important consideration which should be given proper weight in planning decisions.

Arnside and Silverdale AONB Management Plan 2014 There are a number of core principles in the Plan the following of which are relevant: Landscape change: Change in the landscape is inevitable and need not be unwelcome. In the context of AONB designation and the conservation and enhancement of natural beauty, the challenge is to manage change in an integrated and sustainable way, so that it can make a positive contribution both to the social and economic needs of local communities and to the special qualities of the landscape that justify its designation, while ensuring that irreplaceable natural and historic assets are protected.

The Plan has a number of objectives. Those that are relevant are: Objective 1: Conserve, enhance and improve understanding of landscape and seascape character and features which contribute to the special qualities and setting of Arnside & Silverdale AONB. Objective 10: Implement a development planning approach that delivers services, infrastructure and affordable housing to meet local community need while conserving and enhancing landscape character and the special qualities of the AONB.

Objective 11: Maximise opportunities for the AONB’s designation, special qualities and management to both drive and support sustainable rural economic growth.

Objective 14: Actively support landowners and managers to sustainably manage the landscape, delivering environmental and economic benefits for themselves and the wider community.

HUMAN RIGHTS ACT: This application has been determined to accord with the rights and limitations of the Act in relation to Article 6 (Right to a fair and public hearing), Article 8 (Right to respect for private and family life, home and correspondence), Article 14 (Prohibition of discrimination) and Article 1 of Protocol 1 (Right to peaceful enjoyment of possessions and protection of property).

ASSESSMENT: The main issues for Members to consider in the determination of this application are: 1. The effects of the proposal upon the character and appearance of the landscape of the surrounding area of the Arnside and Silverdale AONB, and the Lake District National Park. 2. Cumulative impact of the proposal with concerted and operational sites. 3. The effects of the proposal on the nearby heritage assets. 4. Impact on public amenity. 5. The effects of the proposal upon the living conditions of nearby local residents, particularly in terms of visual impact, noise and shadow flicker. 6. Biodiversity and ecological impacts. 7. Highways. 1. The impact of the development upon the landscape, AONB and Lake District National Park

The Cumbria Wind Energy Supplementary Planning Document, Part 2, Landscape and Visual Considerations (Cumbria County Council) confirms that the area adjacent to the county boundary in the vicinity of the site is of moderate – high sensitivity to wind energy development. The application site is also located adjacent to an area of moderate – high landscape sensitivity to wind energy development as denoted in the Landscape Sensitivity to Wind Energy Development in Lancashire study. Both of these assessments represent broad scale studies undertaken at a county level to provide strategic guidance only.

The application site is adjacent to the M6 motorway to the north of Carnforth and comprises a central lowland area bounded by hills and fells to the west and east and is undesignated in landscape terms. The hills to the west are situated within the Arnside and Silverdale AONB and rise up to around 160 metres. The upland areas to the east and north east are at much higher elevations and include Farleton Knott (269 metres), Holmepark Fell and Hutton Roof Crags (274 metres).

The application is supported by the detailed Landscape and Visual Impact Assessment (LVIA). In respect of the impacts of the proposed turbine, the natural character of the immediate surrounding landscape is compromised to a certain extent by the existing communications corridor comprising a canal, motorway, an A-road, and railway. The landscape is further punctuated by transmission lines, electricity pylons and masts which form prominent features albeit at a lower level than the proposed. Collectively these interventions do impact upon the landscape tranquillity and frequently comprise component of views within and across the area and often alter the landscape perception through noise intrusion.

The erection of a turbine on the application site would result in some significant landscape and visual impacts within the host landscape. A turbine would become a determining characteristic of the site and the immediate surroundings resulting in a significant but localised change in the character of the immediate vicinity of the site up to radius of approximately 1-2km. Significant impacts would also occur in an area between Yealand Conyers and Yealand Redmayne particularly from the rear of residential properties on the eastern fringes of these villages. In these areas the wind turbine would appear as a new vertical element within the local landscape character and would from some viewpoints appear above the skyline. The backdrop of Farleton Knott, Dalton Craggs, Farleton Fell and Hutton Roof to the east will prevent the turbine being viewed above the skyline from some vantage points to the south and west. The mitigating effects of distance, copse, drumlins, trees and woodlands would ensure that the proposed wind turbine would become a lesser feature within the landscape beyond a 2.5km radius of the application site.

AONB The visibility of the turbine would be limited predominantly to the eastern fringes of the AONB on flat ground west of the A6. It is also considered that visual sensitivity in the upland areas to the west of Yealand Conyers and Yealand Redmayne is high. The ZTV maps indicate that the proposed turbine would be theoretically visible from approximately 10% of the Arnside and Silverdale AONB; however, the actual visibility of the turbine would be much lower due to the screening effects of woodland vegetation which covers much of this area and the view filtering provided by copses, hedgerows and the undulating topography.

Extensive woodland blocks and landform would limit visibility of the turbine from other central and western areas of the AONB which generally has an intimate and introspective landscape. From the villages of Yealand Conyers, Yealand Redmayne and Yealand Storrs the turbine would be visible in the middle distance (area between the foreground and skyline) with varying degrees of screening from intervening vegetation.

The turbine would be seen in the context of the overhead transmission line and pylons which run on a north-south axis adjacent to the proposed turbine. The presence of the turbine in views from lower ground levels along the eastern edge of the AONB would not significantly impact upon the characteristics of the landscape as the magnitude of change would be moderate in isolated instances and would not significantly impact on the reasons for AONB designation. It is concluded that there is a slight landscape sensitivity to wind energy development in the 5km ZTV area. The high landscape sensitivity levels of the AONB are reduced by the low to moderate levels of landscape sensitivity in the main central lowland area.

2. Cumulative Impacts with Operational and Consented Sites The key considerations here are whether the proposed wind turbine would be seen in combination with other wind turbines/wind farms and if this occurs, would there be any significant landscape and visual impacts. The existing and consented wind energy developments that the proposed wind turbine may be seen in combination with comprise:

• Burton Services (1 x 70m turbine) approximately 650 metres to the north-west (approved but not constructed).

• Greenlands Farm (1 x 25m turbine) approximately 1km south (approved-within Lancaster District).

• Borwick Fishing Lodge, (1 x 45m turbine), approximately 2.5km south (approved-within Lancaster District).

A cumulative impact study was provided by the applicant which show ZTVs of all these turbines are limited to views mainly from the south, west and north-east within the 5 km radius. To the north-east these views are tempered mainly by woodland or seen across the Burton in Kendal Services and because of their separation and size would be visually discreet from one another whilst to the west views are tempered by intervening landform, infrastructure and hedging and trees.

The main cumulative impact is considered to be on the approach from the south and west of the turbine especially sequential views along the M6 corridor. Cumulatively it is considered the turbine at Greenlands Farm and the proposed turbine would be seen together for short stretches but given the separation distance, the similarity of design, the topography, especially the banking to the M6 and its associated vegetation it is considered that the proposed turbines would not cause harm cumulatively or sequentially. 3. Impact upon Heritage Assets Conservation Areas There are three Conservation Areas within 2km of the application site being the Priest Hutton, Yealand Conservation Area and the Burton-in-Kendal Conservation Area. The intermittent glimpsing views of the turbine will have some significant impacts on the Conservation Areas especially from the southern end of Burton in Kendal. However, the proposed turbine would not result in unacceptable harm since the development is sufficiently divorced and filtered by topography and vegetation and will still enable the Conservation Areas and its surrounding landscape backdrop to be appreciated and enjoyed. Furthermore given the degree of separation and scale nature of the proposed, the turbine would not unduly dominate the setting of the Conservation Areas. The development can be considered as having neither a negative or positive effect on the Conservation Area but the setting of the Conservation Areas are preserved.

Designated Heritage Assets There are a number of listed buildings and structures within 1km of the application site including the grade II Listed bridges on Tarn Lane. Listed buildings include Cinderbarrow Farm (approximately 780 metres to the west) and Buckstone House (around 900 metres to the south) as well as other designated heritage assets further afield within the Yealand and Burton-in-Kendal Conservation Areas. The turbine will be visible to varying degrees from these areas, within the setting of these assets which contribute towards their heritage significance. In the context of the separation distances and the presence of the railway line and existing transmission pylons, landform and topography, the proposed development would have a negligible impact on designated heritage assets.

4. Impact upon Public Amenity It is acknowledged that the wider site surroundings have considerable landscape and amenity value for a very wide range of groups including residents, tourists, workers, motorists, walkers and cyclists. The Arnside and Silverdale AONB landscape is of national importance and there are numerous attractions in the area including Lakeland Wildlife Oasis, Leighton Moss Nature Reserve, Park Wood National Nature Reserve, Fairy Steps (local beauty spot), Locks and the dense network of public rights of way which includes the published, regionally important Limestone Link leading onto Farleton Knott giving access to Hutton Roof crags.

There will be some significant impacts upon visual receptors along Lancaster Canal which runs in a north/south direction to the west of the site and is 0.3km away at its closest. These impacts would be experienced primarily within 1km of the proposed turbine where it would appear as a new vertical feature in a landscape where the existing feature of the telephone mast is already present. To the south of Cinderbarrow Lane visibility of the turbine would be partially restricted by vegetation along the M6 corridor and the canal banks while to the north of Holme Mills visibility of the turbine would be partially restricted by landform and vegetation along the canal banks. From beyond these areas the visibility would be reduced due to increased distance. There are some areas where canal users experience views over the rural landscape but for much of its length within a 5km radius of the site, the canal is in close proximity to the M6, , built up areas and pylons. Up to a distance of 2.5km from the proposed turbine where landscape and visual impacts would likely be most significant, the turbine would largely be seen in a context where these man influenced features are particularly evident. At distances beyond a 2.5km radius from the proposed wind turbine, the mitigating effects of the rolling topography, trees, woodlands, hedgerows and overall modest development scale would significantly reduce likely landscape and visual impacts on the canal.

A number of public rights of way permeate the surrounding area with the closest running along the western boundary of the site and would be within 300m of the proposed turbine. There would be adverse impacts on public rights of way in the vicinity of the site although this would depend on the views and attitude of the receptor. Again the degree of severity and significance would decrease over distance.

The proposed wind turbine will continue to have landscape and visual impacts of slight to moderate significance on users of Lancaster Canal and landscape amenity impacts of slight to moderate. While it is recognised that a significant effect would be experienced by users of the rights of way closest to the appeal site, the proximity to the A6, the West Coast mainline and the motorway must be acknowledged. The resultant impacts remain within acceptable limits.

5. Impact upon Residential Amenity A number of properties exist within 1km of the proposed turbine which will be affected by the development. From many vantage points the turbine will be viewed in the context of existing overhead transmission lines and pylons, the M6 corridor and the West Coast Main Line rail corridor. The turbine would be visible to varying degrees from surrounding villages; however, owed to the scale of the proposal, separation distances and intervening landform, vegetation and infrastructure the proposal will not have an overbearing visual impact on residential occupants. Whilst acknowledging that significant effects may arise in the private context, it is considered that the overall change in visual amenity would not be unacceptable, given the separation distance from proposed turbine and in general the restricted nature of views from dwellings in the local area. Shadow Flicker There is not considered to be any properties which would be affected by shadow flicker.

Noise Our Environmental Protection Officer has no objection to the scheme but has asked for three conditions to be attached to the permission to resolve any issues that may be raised by the application.

Electromagnetic, TV Reception and Radio Interference Wind turbines like all electrical machines produce electromagnetic radiation, which can cause interference to other electrical devices. However most turbines and their components comply with the European Commission Directive on Electromagnetic Compatibility (89/3360EEC).

The Joint Radio Company and Vodaphone had originally objected to the proposal as it was thought that the proposal will affect equipment operated in this area on the nearby telecommunication mast. Calculations have been carried which has clarified that there would be no effect.

6. Biodiversity and Ecological Impacts Protected Species The site is improved agricultural grassland and the proposed turbine has been located away from habitat features which was precipitate the requirement for a survey with the nearest feature being a hedge over 50 metres away. Calculations have been carried out in line Natural England TIN051 which shows that the b value is 49 metres, 1 metre outside the suggested 50 metre buffer.

The bat survey completed in respect of the proposals identified that no bats were active or recorded emerging from any of the buildings or trees on the application site. Pipistrelle bats were observed commuting and feeding along the site boundaries in the direction of the Lancaster canal to the west.

7. Highways Impacts The highway implications associated with wind turbine development are concentrated over three phases; construction; operation and maintenance and; decommissioning.

It is proposed to service these requirements through the use of the existing farm entrance used by agricultural vehicles and associated farm movements and it is considered that there are no highways issues raised by the development.

Conclusions In conclusion, it is considered that the proposal offers a small but positive step towards renewable energy targets and would wholly comply with national and local policy with regards to its contribution towards meeting the UK’s government targets.

There is no doubt that the character and appearance of the landscape would be subject to a degree of change and the countryside in this location would be affected by the proposed development; however, the site in question does not occupy a completely uninterrupted landscape. The site is situated in a transitional landscape which is punctuated by communications’ infrastructure and transport networks. The presence of pylons, already have a significant impact on the character of the landscape. It must also be noted that the character of the landscape is a product of past influences both natural and manmade and that landscape will continue to evolve in response to changes in climate, farming practices, housing and development needs as we move towards a low carbon future.

In conclusion and in the context of the existing consent on the application site, the wind turbine would be located within a significant transport corridor that has sufficient landscape capacity to accommodate the amount and type of development proposed. Landscape and visual impacts would be mitigated in many areas by the combination of topography, vegetation and presence of man made features particularly at distances beyond 2.5km from the turbine either singularly or cumulatively with other turbines. There would likely be some locally significant impacts on Arnside and Silverdale AONB but overall these would not be of sufficient scale and extent to significantly affect the AONB’s setting and character. On balance the overall landscape character of the area would not be unduly affected to the extent that a refusal of planning permission could be substantiated.

RECOMMENDATION: Grant subject to the following conditions:

(1) Standard time limit (2) Development in accordance with the approved plans. (3) Turbine and associated infrastructure and hard standing shall be removed from site and land reinstated in accordance with a scheme to be agreed with the Local Planning Authority before the expiry of 25 years from the turbine being operational. (4) If the turbine fails to produce electricity for a continuous period of 12 months, it and associated infrastructure and hardstanding shall be removed within a period of 6 months and the land reinstated in accordance with a scheme to be agreed with the Local Planning Authority. (5) No micro-siting unless otherwise agreed in writing with the Local Planning Authority. (6) All cabling on the site shall be installed underground. (7) No development shall commence until precise details of the semi-matt external finish and colour of the turbine have been submitted and approved by the Local Planning Authority. The turbines shall not be illuminated, other than aviation lighting (in the form of infrared lighting, which is required to be agreed prior to the construction of the turbine), or display any name, sign, symbol or logo. (8) Noise condition restricting the turbine to the limits set by ETSU-R-97. (9) Noise condition – in the event of a complaint received, on the request of the Local Planning Authority, the wind farm operator shall, within 28 days of the request, at its expense, employ a consultant approved by the Local Planning Authority, to assess the turbine noise levels at the complainant's property, and where noise levels exceed the ETSU-R-97 carry out necessary mitigation.