Eden Local Plan Wind Energy Policy Background Paper
October 2015
www.eden.gov.uk
Contents
1. Introduction ...... 4 Background and Purpose of Report ...... 4 Wind Energy Development to Date in Eden ...... 5 2. Policy Context ...... 7 National Policy ...... 7 Regional/Sub-Regional ...... 9 Local ...... 9 3. Suitable Areas for Wind Energy in Eden...... 11 Introduction ...... 11 Methodology for Identifying Suitable Areas ...... 11 Potential for Wind Energy in Eden ...... 12 Landscape Sensitivity and Capacity ...... 14 Cumulative Impacts ...... 18 Identifying a Suitable Area in Eden ...... 23 4. Minimum Separation Distances between Turbines and Residential Properties ...... 30 Background ...... 30 General setback advice ...... 30 Safety ...... 30 Noise ...... 31 Shadow Flicker ...... 32 Residential Amenity – The ‘Lavender Test’ ...... 33 Legislation ...... 33 Policy Approaches...... 35 Planning appeals ...... 38 Proposed Eden Local Plan Approach...... 39 5. Conclusions ...... 40 6. References and Further Reading ...... 41 7. Appendices ...... 43 Appendix 1: Petition received in response to the Eden Preferred Options Local Plan ...... 43 Appendix 2: Wind Turbine Applications in Eden ...... 44 Appendix 3: Wind Turbine Planning Appeals ...... 50 Appendix 4: Eden Local Plan Submission Draft – Policy ENV6 – Renewable Energy ...... 52 Appendix 5: 800m Residential Property Buffer Map ...... 55
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List of Figures Figure 1: Consented, Operational and Under Construction Turbines ...... 5 Figure 2: Potential Wind Energy Capacity in Eden ...... 13 Figure 3: Wind Speed Map from Cumbria Wind Energy SPD ...... 14 Figure 4: Extract from Map 8 (Landscape Capacity Assessment) of the Cumbria Wind Energy SPD ...... 15 Figure 5: CIVI Map SIG.04 - Significance of landscape effects from all scales of vertical infrastructure ...... 19 Figure 6: CIVI Map SIG.33 - Significance of visual effects from all scales of vertical infrastructure - all visual receptors ...... 20 Figure 7: CIVI Map SEN.05 ...... 21 Figure 8: CIVI Map SEN.04 ...... 21 Figure 9: CIVI Map SEN.06 ...... 22 Figure 10: CIVI Map SEN.07 ...... 22 Figure 11: CIVI Map SEN.09 ...... 22 Figure 12: CIVI Map SEN.08 ...... 22 Figure 13: CIVI Map SEN.10 ...... 23 Figure 14: Areas discounted for medium to large scale wind energy development .....24 Figure 15: Suitable Areas for Medium/Large Scale Wind Energy ...... 25 Figure 16: Areas discounted for small scale wind energy development ...... 26 Figure 17: Suitable Areas for Small Scale Wind Energy ...... 27 Figure 18: Suitable Areas for Small and Medium/Large Scale Wind Energy ...... 28
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1. Introduction Background and Purpose of Report 1.1 In an effort to mitigate climate change, the UK is committed to reducing its greenhouse gas emissions by 80% by 20501, and sourcing at least 15% of its energy from renewable sources by 20202. In 2013/14 this target was almost met, and wind energy contributed 9% of the UK’s power needs, and at points throughout the year surpassed nuclear energy in its contribution to day to day energy needs.3
1.2 It is clear that renewable energy will continue to play an important role in enabling the UK to meet its climate change targets and local planning authorities must play their part in promoting renewable energy and facilitating appropriate new development through the planning system.
1.3 With the benefits of wind energy however come concerns over its potential impacts including those on landscape character, wildlife conservation and residential amenity. Local planning authorities, whilst needing to embrace wind energy must at the same time ensure that new wind energy development is of an appropriate scale and location so as not to give rise to unacceptable impacts on local communities and the special character of local areas.
1.4 Consultation on the Eden Local Plan Preferred Options in Summer 2014 revealed a high level of concern from the local community regarding the potential impact of future wind turbine development in the area. A large volume of consultation responses requested additional policy requirements for wind turbine development in the Eden Local Plan, namely the introduction of a minimum separation distance between new turbines and residential properties. An ‘e- petition’ was received with 320 signatures, calling for a policy approach in the Local Plan similar to that in the recently adopted Allerdale Local Plan.
1.5 A Ministerial Statement was released on 18 June 2015 stating the intention to give local people the final say on wind farm applications. The Planning Practice Guidance (PPG) was subsequently updated and states that local planning authorities should only grant planning permission for wind turbines if the development is in an area identified as suitable for wind energy development in a Local Plan, and if following consultation it can be demonstrated that the planning impacts identified by affected local communities have been fully addressed and therefore the proposal has their backing. The Statement and PPG update do not amend national wind energy policy in themselves, as contained in the National Planning Policy Framework, but are considerations for plan making and decision taking.
1 UK’s Climate Change Act (2008)
2 European Renewable Energy Directive (2009)
3 Renewable UK (2014) ‘Wind Energy in the UK: State of the Industry Report 2014’.
- 4 - 1.6 This topic paper sets out the evidence that has informed the Council’s proposed policy in relation to wind energy in the Local Plan. In particular it explains how the Council has identified suitable areas for wind energy, and also explains the rationale behind the introduction of the guideline minimum separation distance between wind turbines and residential properties which is included in the supporting text of Policy ENV6. Wind Energy Development to Date in Eden 1.7 At 31st March 2011 (the date of the Cumbria Renewable Energy Capacity and Deployment Study) renewable energy deployment in Eden stood at 2MW, out of a total of 295MW across Cumbria. The Cumbria Cumulative Impacts of Vertical Infrastructure Study (2014) provided an updated assessment of consented and operational turbines, and these are shown in the map below.
Source: Cumbria Cumulative Impacts of Vertical Infrastructure Study
Figure 1: Consented, Operational and Under Construction Turbines
1.8 Since the 2011 study, an additional 782kW of wind turbine capacity has been approved in Eden. The approval rate for turbine projects is 31%, with 42% refused and a quarter withdrawn. A number of refusals have been appealed, and of those appealed, just under 30% of projects have been allowed.
- 5 - 1.9 The approval rate for turbines in Eden is lower than the English average. 47% of projects (for schemes under 50MW) were approved in the year 2013-14 across England, although this was down significantly from 70% the previous year.
1.10 Eden’s relatively low approval rates may be reflective of the particularly sensitive landscapes within the district and its relatively low landscape capacity compared to other areas across the country. Reasons for refusal on recent applications have included impacts on landscape character and visual amenity, impacts on residential amenity and impacts on users of important recreational routes.
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2. Policy Context 2.1 This section reviews the existing planning policy framework that guides decision making on wind turbine applications in Eden at present, and provides the national context for future policy making. In preparing new Local Plan policies local authorities must ensure that they are in conformity with the National Planning Policy Framework. National Policy 2.2 National planning policy adopts a positive stance to renewable energy and requires local authorities to reflect and promote this in their plan-making and decision-taking. National Planning Policy Framework 2.3 The National Planning Policy Framework (NPPF) was published in March 2012 and places sustainable development at the heart of the planning system. The NPPF establishes twelve principles of sustainable development that should underpin plan-making and decision-taking, and the encouragement of renewable energy and climate change mitigation falls within one of these key principles.
2.4 Chapter 10 of the NPPF sets out the national planning policy direction on climate change and states that planning plays a key role in supporting the delivery of renewable and low carbon energy and associated infrastructure (para 93).
2.5 The NPPF recognises the challenge faced in meeting renewable energy and climate change targets and requires local planning authorities to recognise the responsibility on all communities to contribute to energy from renewable or low carbon sources. It requires local planning authorities to have a positive strategy to promote energy from renewable and low carbon sources. It requires local policies to maximise renewable and low carbon energy development while ensuring that adverse impacts are addressed satisfactorily (for example cumulative landscape and visual impacts). It also encourages local authorities to identify suitable areas for renewable and low carbon energy development where it would help secure its development. Online Planning Practice Guidance 2.6 In March 2014 the Government published its new web based planning guidance, and with regards to renewable energy the online guidance replaced the 2013 DCLG publication ‘Planning Practice Guidance for Renewable and Low Carbon Energy’.
2.7 The Planning Practice Guidance (PPG) stresses the important role of the planning system in the delivery of new renewable and low carbon energy infrastructure in locations where the local environmental impact is acceptable. It encourages local planning authorities to develop positive strategies to promote the delivery of renewable energy through their Local Plans, but also stresses that the responsibility to increase renewable energy generation does not automatically override environmental protections and the planning concerns of local communities.
- 7 - 2.8 The PPG offers support for clear criteria based policies for renewable energy in Local Plans and stated that the following factors should be taken into account in developing Local Plan policies:
Cumulative impacts, particularly on landscape and local amenity;
Local topography;
Heritage assets and their setting;
The increased sensitivity of National Parks and Areas of Outstanding Natural Beauty;
The importance of protecting local amenity.
2.9 With regards buffer zones/separation distances the PPG states that: “Local planning authorities should not rule out otherwise acceptable renewable energy developments through inflexible rules on buffer zones or separation distances. Other than when dealing with set back distances for safety, distance of itself does not necessarily determine whether the impact of a proposal is unacceptable. Distance plays a part, but so does the local context including factors such as topography, the local environment and near-by land uses. This is why it is important to think about in what circumstances proposals are likely to be acceptable and plan on this basis.”
2.10 Following the Ministerial Statement on 18th June 2015 changes were made to the planning practice guidance to give local people the final say on wind farm applications. The guidance states that local planning authorities should only grant planning permission for wind turbines if the development is in an area identified as suitable for wind energy development in a Local Plan, and if following consultation it can be demonstrated that the planning impacts identified by affected local communities have been fully addressed and therefore the proposal has their backing.
2.11 The Ministerial Statement and resultant changes to the PPG are a consideration in decision making and policy writing, but do not represent a national policy change to wind energy development.
2.12 In summary, policy direction contained in the NPPF and PPG is explicit in its support for renewable and low carbon energy and expects local planning authorities to adopt positive approaches in their Local Plans. This is therefore a key consideration in the development of wind energy policy for the Eden Local Plan, as in order to be found sound the plan must be positively prepared and consistent with the NPPF.
2.13 National policy and guidance does not advocate the use of buffer zones and separation distances in local polices. However recent experience from Allerdale’s Local Plan examination suggests that if such distances are flexible and still allow for consideration of the individual characteristic of each case, they can be considered a sound approach.
- 8 - Regional/Sub-Regional 2.14 The Northwest Regional Spatial Strategy (RSS) was officially revoked in May 2013 and resultantly there are no longer any renewable energy planning policies or targets at a regional level. Cumbria Wind Energy Supplementary Planning Document 2.15 A joint Cumbria Wind Energy Supplementary Planning Document was produced by Cumbria County Council and the local planning authorities in Allerdale, Carlisle, Copeland, South Lakeland and the Lake District National Park. Eden District Council adopted this SPD in October 2007. The SPD recognises the potential of Cumbria’s wind resource and was produced to support the development of local authorities’ renewable energy development plan policies and to provide consistent guidance to be used in planning decisions across the County.
2.16 Part 1 of the SPD provides guidance across a number of factors including aircraft and radar, biodiversity, community benefits, cultural heritage, highways, local amenity, local economy, soils and hydrology and telecommunication. The SPD does not specify minimum separation distances but does state that suitable distances between turbines and homes must be established to avoid unacceptable noise impacts.
2.17 Part 2 of the SPD includes an assessment of the capacity of Cumbria’s varied landscapes to accommodate wind energy development. Local 2.18 The Eden Core Strategy was adopted by Eden District Council in March 2010, and forms part of the development plan for the area together with the saved policies of the Eden Local Plan (1996). The Core Strategy contains a criteria based policy for renewable energy and seeks to promote and support renewable energy projects where they do not give rise to significant unacceptable effects.
2.19 Local planning policy does not presently contain a minimum separation distance and the impacts are judged on a case by case basis.
CS20 Renewable Energy Renewable energy proposals will be supported particularly where they contribute towards meeting and exceeding the minimum renewable energy targets set out in the RSS and where there are no significant unacceptable effects which cannot be mitigated or are not outweighed by the national and regional need for renewable energy development or the wider environmental, social and economic benefits that the scheme may bring. Schemes need to consider impacts on the following; • Landscape character (particularly in and around the North Pennines AONB and the LDNP) • Local amenity • Habitat and species • Farming and land based industries - 9 - • The local transport network and • Connections to the electricity distribution network.
- 10 - 3. Suitable Areas for Wind Energy in Eden Introduction 3.1 The NPPF requires local planning authorities to have a positive strategy to promote energy from renewable and low carbon sources. It suggests that local authorities should consider identifying suitable areas for renewable and low carbon energy sources and supporting infrastructure, where this would help secure the development of such sources (paragraph 97).
3.2 Following the June 2015 Ministerial Statement the PPG was subsequently amended to state that local planning authorities should only grant planning permission if the development is in an area identified as suitable for wind energy development in a Local or Neighbourhood Plan.
3.3 In order that Eden District Council can adopt a positive approach to renewable energy as required by the NPPF, the submission Local Plan identifies suitable areas for wind energy development. Methodology for Identifying Suitable Areas 3.4 In identifying suitable areas, the NPPF suggests that local planning authorities should follow the approach set out in the National Policy Statement for Renewable Energy Infrastructure (read with the relevant sections of the Overarching National Policy Statement for Energy Infrastructure, including that on aviation impacts). It states that where plans identify areas as suitable for renewable and low-carbon energy development, they should make clear what criteria have determined their selection, including for what size of development the areas are considered suitable.
3.5 The National Policy Statement only covers nationally significant renewable energy infrastructure, which for onshore wind includes developments over 50MW. The statement advises that this will generally be wind farms of at least fourteen turbines. The Statement does not therefore cover smaller scale wind turbines and smaller wind farms, which are more likely to be proposed in Eden than developments over 50MW. Nevertheless the guidance in section 2.7 does provide an overview of relevant factors that that can influence onshore wind site selection and could therefore inform the identification of suitable areas for wind energy in Local Plans. These include predicted wind speed, the proximity of sites to dwellings, capacity of a site (how many turbines can be accommodated), electricity grid connection and access.
3.6 The Planning Practice Guidance acknowledges that there are no hard and fast rules about how suitable areas should be identified, but notes that landscape character areas could form the basis for considering which technologies at which scale may be appropriate in different types of location. It suggests that local planning authorities should take into account the requirements of the technology and the potential impacts on the local environment, including from cumulative impacts.
3.7 The identification of suitable areas for wind energy in the Eden Local Plan takes account of the advice contained in the NPPF and PPG and uses a
- 11 - number of factors to determine the areas. The identification of suitable areas has been undertaken in the following broad stages: An assessment of the potential capacity in Eden for wind energy development, taking account of the technical requirements of the technology. This assessment has been based on the Cumbria Renewable Energy Capacity and Deployment Study. A consideration of the capacity of Eden’s landscape and visual receptors to accommodate wind energy development. This has been based on the Cumbria Wind Energy Supplementary Planning Document (2007),Cumbria Landscape Character Guidance and Toolkit (2011) and the Cumbria Cumulative Impacts of Vertical Infrastructure Study (2014).
3.8 It is not considered feasible to undertake an assessment of all factors outlined in the National Policy Statement as many are clearly focussed on individual site selection rather than the identification of broad areas. These would be more appropriately considered by applicants in determining specific sites. Potential for Wind Energy in Eden Cumbria Renewable Energy Capacity and Deployment Study 3.9 The Cumbria Renewable Energy Capacity and Deployment Study (2011) considers renewable energy potential across Cumbria and provides evidence to support policies within Local Plans. It considers an extensive range of renewable energy sources, and translates potential into a realistic deployable capacity up to 2030, in order to help Cumbria to meet national renewable energy and climate change targets.
3.10 The study revealed that Cumbria as a whole has a substantial potential renewable energy resource with wind energy forming a key source, amounting to 63% of the overall identified potential capacity.
3.11 The study identified Eden as having the largest potential accessible renewable energy resource in the County with 30% of the overall Cumbrian total, primarily due to the identified extensive potential onshore wind resource in the district. The study predicted that Eden had a commercial scale potential onshore wind energy resource of 1.2 GW, and small scale (approx. 100kW and 15m height) resource of 4.6MW that could be deployed by 2030 (Table 5- 4). Having undertaken an initial assessment of overall potential resources, the study recognised the landscape capacity constraints which limit the potential for commercial wind farm development and undertook further assessment taking into account the guidance in the Cumbria Wind Energy SPD. The results of the amended capacity assessment are shown below.
- 12 - Eden Commercial Scale Large4 Medium Small Total Wind Capacity (MW) (MW) (MW) (MW)
Initial technical assessment 697.3 39.1 444.2 1180.5
Assessment incorporating landscape capacity 272.2 24.8 359.5 656.5 considerations.
% reduction taking landscape 61 37 19 44 capacity into account
Source: Table 5-11 of the Cumbria Renewable Energy Capacity and Deployment Study.
Figure 2: Potential Wind Energy Capacity in Eden
3.12 The above results are important in highlighting that whilst Eden does have significant potential for wind energy development, its landscape characteristics represent a substantial constraint and significantly restrain the overall potential of the area to accommodate commercial wind. The landscape capacity of Eden is a particularly important factor in considering how future policy can best facilitate appropriate scales of turbines in appropriate locations within the district.
3.13 The study showed that at 2011 Eden’s existing renewable energy deployment stood at 2 MW (out of a total 295MW in Cumbria) but projected that this could be increased to 72MW by 2030 based on an assessment of current installed and pipeline capacity and various constraints (eg economic, supply chain, transmission and planning constraints). The role of commercial wind in contributing to an increase in Eden’s renewable energy deployment is therefore clear and it is important that a policy framework is put in place in the Local Plan that will facilitate appropriate development whilst protecting Eden’s landscapes and communities from unacceptable impacts. Cumbria Wind Energy SPD 3.14 The Cumbria Wind Energy SPD describes the overall wind resource in the County. It explains that the wind resource in Cumbria is greatest on west facing upland sites and along the coast. Map 1 of the SPD shows estimated mean wind speeds in metres per second for values over 6.5metres/second.
3.15 This provides a generalised indication of Cumbria’s wind resource and does not take into account that wind energy developments can potentially be built in areas of lower wind speeds.
4 Large: at 125m to blade tip, Medium: at 90m to blade tip, Small: at 65m to blade tip,
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Figure 3: Wind Speed Map from Cumbria Wind Energy SPD
3.16 The SPD points out that many of the windiest parts of Cumbria fall within national landscape designations. The Lake District National Park and Yorkshire Dales National Park, Arnside and Silverdale, North Pennines and Solway Coast Areas of Outstanding Natural Beauty have the highest value landscapes in Cumbria. A policy framework is in place to protect the landscape value of these areas and their settings, which limits their potential for wind energy development. Landscape Sensitivity and Capacity 3.17 The landscape impacts of wind energy development are a major consideration in determining planning applications, and Eden’s high quality and special landscapes have varying capacity to accommodate wind energy development. In identifying suitable areas, Eden’s landscape characteristics are therefore an important consideration.
3.18 The extract of Map 8 from the SPD below highlights the variation in landscape character across Eden and resulting varying capacity to accommodate wind energy development. The majority of Eden district is shown to have low or moderate capacity to accommodate turbines based on its landscape characteristics.
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Figure 4: Extract from Map 8 (Landscape Capacity Assessment) of the Cumbria Wind Energy SPD
3.19 The Wind Energy SPD and the Landscape Character Guidance and Toolkit provide guidance on each of the landscape character areas including key features and characteristics, sensitivity to development and guidelines for managing future change and pressures. The following paragraphs provide summaries of the key characteristics and sensitivities of the various character areas in Eden, and their resultant capacity for wind energy development. 3.20 Landscape Type 6: Intermediate Farmland Transitional farmland between the lowland and upland landscapes. Moderate capacity to accommodate small to large turbine groups. Moderate sensitivity overall and moderate value as a largely undesignated landscape.
- 15 - Greatest potential occurs across the broad valleys and gently rolling areas. A key characteristic limiting capacity is the rich and diverse historic environment. The development of large scale wind turbines could change the character of the landscape through the introduction of large vertical elements. 3.21 Landscape Type 8: Main Valleys (Sub Types: 8a: Gorges, 8b:Broad Valleys, 8c: Valley Corridors, 8d: Dales) Linear valley landscape features with significant changes in topography and rural elements. Overall low/moderate capacity to accommodate wind turbine development. Moderate/high landscape sensitivity and moderate/high landscape value. Intimate character of narrower valleys would be threatened by turbines, but may be limited scope for groups of turbines in broader valleys with sufficient wind resource. Issues limiting capacity include the absence of comparable vertical structures, intrusion and blade flash over distinctive valley rims, vulnerability of historic monument and townscape settings and landmark skylines of adjacent fells, limestone escarpments and sandstone ridges. Large scale wind energy schemes should avoid small enclosed valleys and valley tops where they could appear dominant. 3.22 Landscape Type 9ii: Moorland Hills and Low Plateaus (Sub Type: 9b: Rolling Farmland and Heath) Overall moderate capacity to accommodate turbine development. Moderate sensitivity overall. Medium to large scale of the landscape suggests scope for small groups of turbines. Potential for intrusion on adjacent major valleys and the setting of towns and popular recreation routes. Need to avoid cluttering of communication masts and large scale turbines particularly on valley rims. 3.23 Landscape Type 10: Sandstone Ridge Overall moderate capacity to accommodate turbine development. Moderate sensitivity and moderate landscape value. Consists of a sandstone ridge running north from Penrith breaking off into a series of hills north of Lazonby. Overall scale of the ridge coupled with a regular land cover pattern suggests scope to accommodate a large group. However in the context of individual fell tops and hills or small villages and hamlets, single turbines to small groups would be more appropriate. Turbine siting should respect ridgelines.
- 16 - 3.24 Landscape Type 11: Upland Fringes (Sub Type: 11a Foothills) Overall low/moderate capacity to accommodate turbine development. Moderate sensitivity and moderate/high landscape value. Potential for wind turbines to compromise the unspoilt character and sense of remoteness. Restricted views and intimacy of lower foothills are likely to be intimidated by turbine development. 3.25 Landscape Type 12: Higher Limestone (Sub Types: 12a: Limestone Farmland, 12b: Rolling Fringe, 12c: Limestone Foothills, 12d: Moorland & Commons) Overall low/moderate landscape capacity. Moderate/high landscape sensitivity and moderate/high landscape value. A key limiting factor to turbine development is the open character of the landscape, whereby any development is likely to be widely visible with only localised containment by relief or trees. Protection of uncluttered and distinctive landmark skylines are major issues. There are some blander fringes, with fewer limestone features that would not be intimidated by small or possibly large sized group development. Open and sometimes exposed, varied scale landscape which is diverse in character, historic features and textures. The sense of remoteness of the foothills (12d) that is reinforced by proximity to the Lakeland Fells is sensitive to large scale wind energy development. 3.26 Landscape Type 13: Fells and Scarps (Sub Types 13a: Scarps, 13b: Moorland, High Plateau, 13c: Fells) Overall low capacity to accommodate turbine development. Moderate/high sensitivity and moderate/high landscape value. Key characteristics of this landscape are a strong sense of wildness, freedom, remoteness and an unspoilt nature. The qualities of this landscape type are likely to be compromised by any scale of turbine development with little or no scope for visual linkage or association with manmade patterns or forms.
3.27 From the above information contained within the SPD and Landscape Character Guidance and Toolkit, it is clear that not all of Eden can be considered a suitable area for wind energy development. It is sensible to conclude that those landscape areas with low and low to moderate capacity for wind energy development are generally not suitable for medium scale wind energy development.
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Cumulative Impacts Cumbria Cumulative Impacts of Vertical Infrastructure Study (CIVI) 3.28 In 2013 Cumbria County Council commissioned consultants to undertake a detailed study to analyse the cumulative impacts of “vertical infrastructure”5 development across the County and in neighbouring areas. The study recognises that the County is under increasing pressure to accommodate energy and communications infrastructure and seeks to explore in more detail the cumulative impacts of installed developments and potential future development.
3.29 The study considers the sensitivity of the landscape and the people using it to changes arising from existing vertical infrastructure developments. It combines these to provide an assessment of the relative significance of cumulative impacts upon landscape character and visual amenity across the county to date, and provides detailed guidance on how cumulative impacts of future proposals can be assessed by local planning authorities.
3.30 The study will therefore be an important tool in future planning decisions and policy making in relation to wind energy in Eden. It presents a number of findings and assessments that are of relevance to the identification of suitable areas for wind turbines and consideration of minimum separation distances between wind turbines and residential properties.
3.31 CIVI map SIG04 identifies the overall significance of landscape effects from all scales of vertical infrastructure. CIVI Map SIG33 identifies the overall significance of visual effects from all scales of vertical infrastructure. These maps are presented below:
5 Energy and communications development characterised by vertical elements: principally wind turbines, communication masts and pylons carrying power lines.
- 18 - Figure 5: CIVI Map SIG.04 - Significance of landscape effects from all scales of vertical infrastructure
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Figure 6: CIVI Map SIG.33 - Significance of visual effects from all scales of vertical infrastructure - all visual receptors
- 20 - 3.32 The CIVI work identifies key visual receptors as follows: Settlements CROW Access Land Long Distance Footpaths Cycle Routes Roads Railways Tourist attractions
3.33 CIVI plans SEN04 – SEN10 identify the relative sensitivity of these receptors as they apply to Eden District, as below. It is relevant to note that the majority of the identified receptors in Eden were assessed as high or ‘great’ sensitivity. Extracts of the Eden area of the maps are shown below. The key applies to all the maps.
Figure 8: CIVI Map SEN.04 – Figure 7: CIVI Map SEN.05 – Settlement Sensitivity CROW Access Land Sensitivity
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Figure 9: CIVI Map SEN.06 – Figure 10: CIVI Map SEN.07 – Long Distance Footpath Sensitivity Cycle Route Sensitivity
Figure 12: CIVI Map SEN.08 – Figure 11: CIVI Map SEN.09 – Roads Sensitivity Railways Sensitivity
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Figure 13: CIVI Map SEN.10 – Tourist Attractions
Identifying a Suitable Area in Eden 3.34 The preceding analysis has shown that whilst Eden has significant potential for wind energy development, its capacity is constrained by significant areas of high value and sensitive landscapes and sensitive visual receptors. The district is also experiencing, to varying degrees, cumulative effects arising from vertical infrastructure development.
3.35 As noted in the PPG, landscape character can be used to identify initial strategic search areas.
3.36 Following the taxonomy applied in the CIVI work, medium and large scale turbines are defined as those which are 50m to blade tip and above. Small scale turbines are defined as 50m to blade tip and below. It is considered appropriate to identify separate areas for medium/large scale development, and small scale development. This allows for a clear distinction between the larger turbines, which typically comprise major wind farms, and smaller, domestic turbines. Medium/large scale development 3.37 The Wind Energy SPD was designed to address medium to large scale wind energy development. For turbines falling within the ‘medium to large’ scale category, a suitable area has been defined which includes those landscape character areas identified by the Wind Energy SPD as having at least ‘moderate’ capacity for wind energy development. Defining the area has therefore involved discounting areas with ‘low’ and ‘low/moderate’ landscape capacity. This approach has been further refined through the application of the findings of the CIVI work in regard to the ‘Significance of Effect of Vertical Infrastructure’ upon landscape character. The suitable area discounts those areas identified by the CIVI study as experiencing ‘significant’ and above cumulative landscape effects from vertical infrastructure development.
- 23 -
Figure 14: Areas discounted for medium to large scale wind energy development
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Figure 15: Suitable Areas for Medium/Large Scale Wind Energy
Small scale development 3.38 For small scale turbines, reference has been made to the CIVI study assessment of landscape sensitivity in regard to small scale infrastructure. In identifying the suitable area for small scale wind energy development, landscape areas identified in the CIVI work as being of ‘high’ or ‘great’ sensitivity to small scale vertical infrastructure have been discounted. This approach has been further refined through the application of the CIVI findings in regard to the significance of effects of vertical infrastructure development upon landscape character. Areas that have experienced significant or greater landscape effects from vertical infrastructure development have therefore been discounted from the suitable area.
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Figure 16: Areas discounted for small scale wind energy development
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Figure 17: Suitable Areas for Small Scale Wind Energy
Conclusions 3.39 Figure 18 below illustrates the suitable areas that have been defined for small scale and medium/large scale wind energy development.
- 27 -
Figure 18: Suitable Areas for Small and Medium/Large Scale Wind Energy
3.40 The assessment of wind energy proposals involves consideration of both landscape character and visual impacts. Visual impacts vary significantly according to the location and nature of individual proposals, and therefore are more appropriately applied as a constraint on a case by case basis.
3.41 Therefore, whilst the areas denoted in Figure 18 form a basis for ‘suitable areas’ for turbine development, it is necessary to apply visual constraints in regard to individual schemes. This will be done through reference to CIVI plans SEN04 – SEN10 above, and other relevant receptors (such as local footpath users) identified in regard to individual schemes. Reference will also be made to the Residential Property Buffer Map (see Appendix 5).
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3.42 In identifying suitable areas the Council has adopted a positive stance to promoting appropriate renewable energy, as required by the National Planning Policy Framework.
3.43 The Ministerial Statement of 18th June 2015 and subsequently updated Planning Practice Guidance state that local planning authorities should only grant permission for wind turbines where the development is in an area identified as suitable for wind energy development in a Local Plan, and if following consultation it can be demonstrated that the planning impacts identified by affected local communities have been fully addressed and therefore the proposal has their backing.
3.44 The purpose of identifying a suitable area is therefore to provide some clarity for applicants and to effectively ensure the first of these two new considerations can be achieved. The identification of suitable areas does not imply that planning permission should be granted, and any proposals will be judged against the relevant policy framework in place at the time, including the Council’s adopted development plan, the Cumbria Wind Energy Supplementary Planning Document and the National Planning Policy Framework.
3.45 Conversely, whilst the Council has identified suitable areas in which it considers the principle of wind energy development to be generally appropriate, it does not consider that outwith this area wind energy development will necessarily be inappropriate. The Council considers the suitable area to be a general guideline and not an absolute fixed limit for wind energy development. The Council would consider such proposals on their own merit against the development plan. Whilst the Ministerial Statement and PPG are considerations they are not considered to represent a change in national policy from the positive approach employed in the NPPF.
- 29 - 4. Minimum Separation Distances between Turbines and Residential Properties Background 4.1 A number of Councils have sought to introduce minimum separation distances between wind turbines and residential properties into their local plans, with varying degrees of success. Allerdale Borough Council has become the first Council to have a Local Plan adopted which includes a separation distance, and it requires 800 metres between turbines and properties.
4.2 During the Preferred Options consultation on Eden’s Local Plan in Summer 2014 the Council received a petition and a large number of responses calling for a similar policy requirement in the Eden Local Plan.
4.3 Minimum separation distances between wind turbines and residential properties are generally advocated for reasons relating to residential amenity including visual amenity, safety, noise and shadow flicker. This section reviews the available evidence relating to separation distances and looks at the rationale for introducing a distance in the Eden Local Plan. General setback advice 4.4 The Local Government Association (LGA) works on behalf of councils and ensures local government has strong, informed dialogue with national government. It seeks improvement and innovation by developing and sharing good practice through networks, resources, and peer support. In February 2011 the Local Government Improvement and Development body (overseen by LGA) produced a Wind Energy Checklist based on best practice. One section deals with “designated areas and approximate setback distances” and recommends: 4.5 ‘a setback distance of at least 600 – 800 metres from residential properties for large wind turbines (500kW – 5MW). This may be reduced for smaller projects. Other land uses, including non-residential buildings and agriculture, can still be accommodated in this zone’.6
4.6 Although this advice has no material weight in planning decisions, suggested setback distance from residential property provides a basis for consideration in formulating Local Plan policy. Safety 4.7 The National Planning Practice Guidance suggests a separation distance of at least the height of the turbine plus 10% to act as a safety distance in the case of the turbine falling. The Guidance acknowledges that this distance is often less than the minimum desirable distance between wind turbines and occupied buildings calculated on the basis of expected noise levels and due to visual impacts.
6 http://www.local.gov.uk/web/guest/home/-/journal_content/56/10171/3510154/ARTICLE-TEMPLATE
- 30 - Noise 4.8 Sources of wind turbine noise can be divided into two categories – mechanical and aerodynamic. Mechanical noise is associated with the movement of mechanical components for example the gearbox and generator, whilst aerodynamic noise arises from the movement of the blade through the air, and is commonly described as ‘swish’.
4.9 Noise is a key factor in the consideration of an acceptable separation distance in each development proposal. Through good design and allowing sufficient distance between the turbines and any existing noise-sensitive development, it is accepted that noise from the turbines will not normally be significant.
4.10 The established recommended good practice is contained within ‘The Assessment and Rating of Noise from Wind Farms’ (ETSU-R-97)7. This provides a framework for the measurement of wind farm noise and gives indicative noise levels calculated to offer a reasonable degree of protection to wind farm neighbours, without placing unreasonable restrictions on wind farm development.
4.11 The above document provides some discussion on minimum separation distances with regards noise impacts (page 46). It refers to previous guidance contained within the Planning Policy Guidance Note (PPG) 228 which had suggested that experience from mainland Europe had shown there was unlikely to be a significant noise problem for a residential property situated more than 350-400m from a wind turbine. The ETSU-R-97 document concluded that due to the difference in emissions between different turbines, the increase in scale of turbines and wind farms, and varying topographical effects that a minimum distance of 350-400m cannot be relied upon to give adequate protection to neighbours of wind farms.
4.12 Following calls for additional guidance as to how noise impacts can be properly assessed, the Institute of Acoustics published ’A Good Practice Guide to the Application of ETSU-R-97 for the Assessment and rating of Wind Turbine Noise’ in May 2013. The Guide states that wind turbines are elevated large sources, and calculations [of noise] are often required at distances of 1km or more, which may fall outside of the stated scope of well-recognised standards such as ISO 9613-2. Amplitude Modulation 4.13 There is also a growing concern regarding amplitude modulation (AM) which is a feature of the character of wind farm noise caused by the cyclical nature of the blades moving through the air, and is often referred to as a “thump” or “swish” noise. This is frequently cited as the potential cause of reported health impacts and psychological annoyance in nearby residential properties.
7 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/49869/ETSU_Full_copy_ _Searchable_.pdf
8 Superseded firstly by Planning Policy Statement 22, and then the NPPF and online Planning Practice Guidance.
- 31 - 4.14 Amplitude Modulation is the subject of increasing technical research with a number of studies having been completed in recent years. The Institute of Acoustics has set up a working group to look more closely at the issue and the group will review the available evidence and produce guidance on the technical elements for the assessment of AM in wind turbine noise.
4.15 At this current point in time Amplitude Modulation is not fully understood and there is no currently accepted best practice or established guidance as to how it can best be assessed in relation to wind turbine proposals. Research has shown that ‘normal’ AM - the ‘swish’ noise, usually disappears at around 3 to 4 rotor lengths from the turbine, but enhanced or ‘other’ AM – the ‘thump’ or ‘whoomp’ noise has been recorded at around 1,000 metres and up to 2,000 metres in some cases.
4.16 Given the current uncertainty and ongoing research it is not considered appropriate at this stage to attempt to stipulate how amplitude modulation concerns could be addressed by a minimum separation distance. Shadow Flicker 4.17 Shadow flicker was one of the main concerns cited in the petition from residents in Eden to justify a minimum separation distance between wind turbines and residential properties.
4.18 Shadow flicker from turbines occurs when rotating wind turbine blades periodically cast shadows over neighbouring properties as they turn, through constrained openings, such as windows. The likelihood and magnitude of shadow flicker depends on a number of conditions coinciding including the position and height of the sun, wind speed, cloudiness and position of the turbine in relation to a sensitive receptor (for example a residential property).
4.19 Government guidance contained in the Planning Practice Guidance (PPG) advises that shadow flicker can only affect properties within 130 degrees either side of north relative to the turbines can be affected in the UK.
4.20 A distance between turbines and properties of ten rotor diameters has widely been accepted as a distance above which it is very unlikely that shadow flicker could occur9.
4.21 In November 2010, DECC commissioned consultants Parsons Brinckerhoff to produce a report to update the government’s evidence base on shadow flicker. It concluded that the 130 degree and 10 rotor diameter rule remain appropriate guidance tools.
9 This emerged in academic literature in the 1990s and has subsequently been included in a number of European countries’ guidance documents e.g. Scotland’s Planning Advice Note (PAN) 45 and England’s Companion Guide to Planning Policy Statement 22 (both now superseded).
- 32 -
Residential Amenity – The ‘Lavender Test’ 4.22 A widely cited concern over wind turbine development, and one of the reasons that a minimum separation distance was called for in the Local Plan consultation is that of harmful impacts on residential amenity due to the visual impact of turbines.
4.23 If turbines are of an inappropriate number, scale and proximity to residential properties it is accepted that they can have significant impacts on the occupiers of those dwellings to the extent that they can no longer enjoy living conditions of an acceptable standard.
4.24 An important case in determining the point at which the presence of turbines can make living conditions unacceptable was an appeal decided by David Lavender10 for a proposal of up to 5 turbines with a maximum height of 120 metres. In this case the nearest dwellings were approximately 200 metres and 500 metres from the edge of the turbine field respectively.
4.25 The inspector concluded that the presence of the turbines would be unpleasantly overwhelming and unavoidable from the properties and resultantly the “property concerned would come to be widely regarded as an unattractive and thus unsatisfactory (but not necessarily uninhabitable) place in which to live”. This test has now become widely known as the ‘Lavender test’. Interestingly in this case the Inspector also determined that the effects of the turbines would be of a scale sufficient to make a settlement 1km from the turbines ‘a less satisfactory place in which to live than it is now’. The spacing between the turbines relative to the distance to the properties was considered important in this case as the Inspector considered that it would be unacceptable for the spacing to result in the feeling that the properties felt as though they were ‘within’ the cluster of turbines as opposed to physically detached.
4.26 The Lavender case was important in highlighting the significant impact that turbines can have on people’s living experience and quality of life and the need for an adequate distance between turbines and residential properties. Legislation 4.27 At present there is no statutory basis for imposing separation distances between wind turbines and residential properties. However, there have been three Private Members Bills raised in the House of Commons and the Lords attempting to establish a legal basis for a separation distance between turbines and residential properties.
4.28 It should be noted that Private Members' Bills are introduced by individual MPs or Lords who are not progressing government business. In practice a small minority of these types of Bills become law, as less parliamentary time
10 APP/X2220/A/08/2071880
- 33 - is allocated to them and it is less likely that they will proceed through all the stages.
4.29 The table below highlights previous attempts to progress Bills on minimum separation distances.
Wind Turbines (Minimum Distances from Residential Premises) Bill [House of Lords] 2010-12
The Bill reached its second reading in the House of Lords but was not progressed beyond this. It proposed minimum distances relative to turbine height: From 25m and not exceeding 50m - 1000m From 50m and not exceeding 100m - 1500m From 100m and not exceeding 150m - 2000m Greater than 150m - 3000m Onshore Wind Turbines (Proximity of Habitation) Bill [House of Commons] 2010-12
The Bill had its first reading in November 2010 but subsequently failed to complete its passage through Parliament before the end of the session and therefore will make no further progress. It sought to give powers to local authorities to specify in their development plans a 'recommended best practice set-back distance' between onshore wind turbines and habitations. It includes recommendations for this set-back distance, calculated as a multiple of ten turbine rotor diameters.
Wind Turbines (Minimum Distance from Residential Premises) Bill [House of Lords] 2012-13
Re-introduction of the earlier Bill was given its first reading in May 2012. The Bill was introduced by Lord Reay who has since passed away.
4.30 Of additional note, in the Republic of Ireland The Environment and Public Health (Wind Turbines) Bill 2012 was introduced to the Oireachtas in November 2012 by Deputy Willie Penrose. The Bill was not passed as it was considered it could hinder RoI’s ability to meet EU renewable energy and climate change commitments. The Bill proposed separation distances ranging from 500m to 2000m depending upon turbine height.
4.31 As previously stated there is no separation distance set in English planning policy, however, other devolved nations have adopted planning guidance suggesting that wind development be setback from residential property. In response to increasing numbers of wind developments across England, many Local Authorities are developing their own minimum distances between wind turbines and housing. The table below provides a range of examples to illustrate both the range of distances selected and the ‘status’ of the approach.
- 34 - Policy Approaches 4.32 The table below highlights various approaches that have been taken at national and local levels to introduce guidance or policies relating to minimum separation distances.
LOCATION DISTANCE DETAILS STATUS PROPOSED
National Policy Approaches
Welsh 500m Technical Advice Note 8: National Policy Assembly Renewable Energy sets Advice Note out a typical separation distance between turbines and residential property. It advises flexibility to avoid over conservative approaches.
Northern 10 times rotor Best practice guidance on Best Practice Ireland diameter, but Planning Policy Statement Guidance not less than 18. accompanying 500m PPS18. Minimum distance treated as a matter of best practice not a rigid threshold.
Scottish 2km Guidance refers to National Planning strategic search areas for Planning Policy Policy 2014 wind farms and relates to (SPP) settlements not individual dwellings. Based on visual impact.
Republic of 500m Guidelines state that noise National Ireland is unlikely to be a Planning significant problem where Guidelines the distance from the nearest turbine to any noise sensitive property is more than 500m.
- 35 -
Local Authority Approaches
Cherwell District 800m Informal planning guidance Adopted Council Recommends separation ‘without distances between turbines status’ and settlements/dwellings, based on amenity and other issues such as landscape, noise, heritage, safety and shadow flicker.
Lincolnshire 700m (2km if Wind Energy Position No Status County Council there are Statement: This is a set of noise issues) guidelines that the County Council prepared and hoped local planning authorities would take into account in decision making. In reality they carry very little weight.
Milton Keynes Sliding scale Supplementary Planning Quashed Council approximately Guidance based on noise / ‘no status’11 10 times safety. height
Aberdeenshire Specified Planning Guidance note on Planning Council minimum noise12. The Council’s Guidance distances for Environmental Health Note specific section has calculated a turbine range of minimum models, separation distances that ranging from will be required for a 125m to number of specified turbine 630m. models to limit noise to an acceptable level.
11 The Wind Turbines SPD was adopted in July 2012 and subsequently quashed by a High Court judgement in April 2013 http://www.milton-keynes.gov.uk/planning-policy/displayarticle.asp?ID=84312. There were four strands to the case brought against the Council, of which the Council won three of the four. The ruling rejected one of the appellant’s argument that the council's stance was also unlawful because it conflicted with national renewable energy targets.
12 http://www.aberdeenshire.gov.uk/planning/devservices-windturbines
- 36 -
Local Authority Approaches
Wiltshire Sliding scale The Wiltshire Core Inspector removed Council up to 3km Strategy submission text from Plan as document proposed a considered range of minimum unjustified distances that would be applied and set out the intention to prepare additional guidance on the matter. The Inspector considered the distances were unjustified in light of the evidence provided and considered they would unduly restrict the scope for larger turbines.
Allerdale 800m The supporting text of Adopted Council Policy S19 in Allerdale’s Local Plan expects a July 2014 minimum separation distance of 800m between wind turbines (over 25m) and residential properties. It allows for some flexibility where site specific characteristics make it appropriate to vary the threshold.
4.33 The table above demonstrates that there are many different examples of separation distances in practice. Since 2010 there has been a growing number of Councils adopting policy positions or informal guidance, including many County Councils. Although these ‘policies’ have limited status it demonstrates that separation distances are considered to be an issue across many areas of England.
4.34 Although the Milton Keynes Supplementary Planning Document was quashed the ruling itself offered some support for minimum separation distances in principle. The SPD was challenged on four grounds, and only succeeded on one ground, which was that the Council had already defined a turbine buffer zone in its 2002 Local Plan and the new distances in the SPD were considered to conflict with this. If such a buffer had not already been in place Milton Keynes would have likely succeeded. The ruling rejected one of the appellant’s arguments that the Council’s stance was unlawful because it conflicted with national renewable energy targets. The case was however complex and open to varying interpretations, nevertheless it was considered by many to offer support in principle for the principle of separation distances.
- 37 - 4.35 The most notable recent local planning authority policy approach is that of Allerdale District Council. In July 2014 it became the first Council to formally adopt a minimum separation distance within the supporting text of its renewable energy policy in its Local Plan. The Inspector concluded that this was a sound approach, given that it still enables a degree of flexibility to be exercised in decision making depending upon the specifics of the case. Planning appeals 4.36 In preparing its topic paper to support the introduction of a separation distance Allerdale Borough Council analysed a range of recent planning appeals, to gain an appreciation of distances between residential properties and turbines that have been considered acceptable by Planning Inspectors.
4.37 Their research is included in Appendix 3. Allerdale drew a number of conclusions from its review of recent planning appeal decisions. The distances generally considered to be acceptable ranged from 400-900m in the decisions, however in one case an Inspector concluded that a turbine development 1km away from a settlement would still be ‘dominating’ and unacceptable. The decisions highlighted that there is no generally accepted and applied standard in relation to distances between turbines and dwellings, with all the appeal judgements being reached based on an assessment of the individual circumstances and characteristics of each case.
4.38 Allerdale also examined the relationship between the heights of turbines and distances to dwellings and found that acceptable distances in the appeal decisions ranged from below 4 times the turbine height to 8 times, with an average distance being 6.
4.39 The review of appeal decisions highlighted the need for flexibility to be built into any separation distance requirement in policy, to allow for individual case characteristics to be taken into account.
4.40 The Inspector of the Allerdale Local Plan considered the Council’s approach to be sufficiently flexibility, in that whilst the 800m separation distance provides an initial benchmark, it does allow for individual circumstances to vary the distance where justified.
4.41 The flexibility of Allerdale’s approach was demonstrated recently in an appeal decision that was issued following the adoption of Allerdale’s Local Plan13. An appeal was allowed for a 77m turbine at a distance of 610m from the nearest residential property. Given the specific details of the case, and the fact that the minimum separation distance allows for flexibility, the Inspector was satisfied that adverse impacts on residential properties would not occur.
13 APP/G0908/A/13/2210439 Land at Fox House Farm, Great Broughton, Maryport, Cumbria CA15 7SN
- 38 - Proposed Eden Local Plan Approach 4.42 Taking account of the above evidence, it is considered appropriate to introduce a guideline 800 metre separation distance between wind turbines over 25 metres and residential properties in the Eden Local Plan.
4.43 The inclusion of a setback distance has been driven by members and community concerns that were raised in the previous round of consultation on the Local Plan.
4.44 In order to address these concerns, in the interests of residential amenity, the supporting text of Policy ENV6 sets out a minimum separation distance of 800m between wind turbines (over 25m) and residential properties. The Eden Local Plan Pre-Submission Draft – ENV6 Renewable Energy Development is shown in full in Appendix 4. The supporting text is written in a way that allows for flexibility and therefore complies with national planning practice guidance which warns against inflexible buffer zones and buffer distances.
4.45 The proposed 800m separation distance provides an initial benchmark from which to assess development proposals. However if sufficient evidence accompanies the application that justifies a variation in the distance the policy approach in the Local Plan allows for this to be considered.
4.46 The map at Appendix 5 shows the spatial implications of an 800m buffer around residential properties. Larger separation distances were also modelled to assess their spatial implication but were considered too restrictive in terms of their coverage across the district.
- 39 - 5. Conclusions 5.1 This topic paper has set out some of the key issues relating to wind energy development in Eden. It has identified suitable areas for wind energy development, and has explained the rationale for the introduction of a guideline minimum separation distance between turbines and residential properties. A number of key findings and points for consideration can be drawn from this paper: There are very high levels of concern over the impacts of future wind energy development in Eden, evidenced by the Preferred Local Plan consultation responses and e-petition. National planning policy requires Local Plans to contain positive strategies for promoting renewable energy.
National planning policy suggests the identification of suitable areas for wind energy in Local Plans and the updated Planning Practice Guidance states that planning authorities should only grant permission where proposals are in identified suitable areas.
Eden has a large potential wind energy capacity, but this is significantly constrained by its landscape and visual sensitivities. Future policy must carefully balance the need to increase renewable energy deployment with the need to protect Eden’s landscapes and communities from unacceptable harmful impacts.
Appropriate distances between turbines and residential properties are needed on safety, noise, shadow flicker and visual amenity grounds. Best practice and guidance currently considers these impacts are best judged on a case by case basis.
Allerdale Borough Council has become the first Council to successfully adopt a Local Plan containing minimum separation distances, with its approach being considered sound by the Inspector.
5.2 The Eden Local Plan sets a positive framework for the development of renewable energy across the Plan Area reflecting both national planning policy and local evidence. The proposed Local Plan policy ENV6 adopts a criteria based approach to encourage acceptable proposals to come forward. This addresses each proposal on its merits, and works in conjunction with other local plan polices to ensure that any impacts are, or can be made acceptable. The policy has been developed to address all scales of wind development, and ensures impacts are considered both individually and cumulatively with other existing and proposed developments.
- 40 - 6. References and Further Reading Department of Energy and Climate Change (January 2013), ‘Guidance: Onshore wind: part of the UK’s energy mix’. Available from: https://www.gov.uk/onshore-wind-part-of-the-uks-energy-mix Department of Energy and Climate Change (July 2011), ‘National Policy Statement for Renewable Energy Infrastructure (EN-3)’. Available from: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/ 47856/1940-nps-renewable-energy-en3.pdf Department of Energy and Climate Change (July 2011), ‘Overarching National Policy Statement for Energy (EN-1). Available from: https://www.gov.uk/onshore-wind-part-of-the-uks-energy-mix Institute of Acoustics (May 2013), ‘A Good Practice Guide to the Application of ETSU-R-97 for the Assessment and Rating of Wind Turbine Noise’. Available from: http://www.ioa.org.uk/publications/wind-turbine-noise Institute of Acoustics (December 2014), ‘Institute of Acoustics Statement in respect of Wind Farm Noise Assessment’. Available from: http://ioacrd.uk/publications/wind-turbine-noise Northern Ireland Assembly (September 2013), ‘Research and Information Service Research Paper – Wind Turbines: Planning and Separation Distances’. Available from: http://www.niassembly.gov.uk/globalassets/documents/raise/publications/2013- environment Parsons Brinckerhoff for the Department of Energy and Climate Change (2011), ‘Update of UK Shadow Flicker Evidence Base’ Available from: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/ 48052/1416-update-uk-shadow-flicker-evidence-base.pdf Renewable UK (December 2013), ‘Wind Turbine Amplitude Modulation: Research to Improve Understanding as to its Cause and Effects’. Available from: http://www.renewableuk.com/en/publications/reports.cfm/wind-turbine- amplitude-modulation Renewable UK (December 2013), ‘Wind Turbine Amplitude Modulation: Research to Improve Understanding as to its Cause and Effects – Brief Summary. Available from: http://www.renewableuk.com/en/publications/reports.cfm/wind-turbine-am- cause-effects-briefing Renewable UK (December 2013), ‘The Development of a Penalty Scheme for Amplitude Modulated Wind Turbine Noise: Description and Justification. Available from: http://www.renewableuk.com/en/publications/reports.cfm/development-of- penalty-scheme-for-am
- 41 - Renewable UK (December 2013), ‘Template Planning Condition on Amplitude Modulation: Noise Guidance Notes. Available from: http://www.renewableuk.com/en/publications/reports.cfm/template-planning- condition-am-guidance-notes Renewable UK (November 2014), ‘Wind Energy in the UK: State of the Industry Report 2014. Available from: http://www.renewableuk.com/en/publications/reports.cfm/state-of-industry- report-2014 SQW (2011), ‘Cumbria Renewable Energy Capacity and Deployment Study – Final Report to Cumbria County Council’. Available from: http://www.cumbria.gov.uk/eLibrary/Content/Internet/538/755/1599/40890154140.pdf Temple (December 2013), ‘Summary of Research into Amplitude Modulation of Aerodynamic Noise from Wind Turbines’. Available from: http://www.renewableuk.com/en/publications/reports.cfm/summary-of- research-into-am Temple (December 2013), ‘Review of Renewable UK’s Research into Amplitude Modulation’. Available from: http://www.renewableuk.com/en/publications/reports.cfm/review-of-research- into-am White Young Green for Cumbria County Council (2014). ‘Cumulative Impact of Vertical Infrastructure’ Available from: http://www.cumbria.gov.uk/planning- environment/countryside/countryside-landscape/civi/civi.asp
- 42 - 7. Appendices Appendix 1: Petition received in response to the Eden Preferred Options Local Plan In response to the Eden Preferred Options Local Plan consultation in Summer 2014, an e-petition was received with 320 signatories, calling for a policy approach similar to that in the Allerdale adopted Local Plan. The text of the petition was as below:
We consider that the section on Wind Energy Development in the Draft Eden Local plan could provide greater protection of local amenity in terms of visual impact and noise and shadow flicker nuisance. Allerdale Borough Council have recently had a clause in their local plan passed by the Inspectorate which recommends a minimum separation distance of 800m from a turbine (over 25m high) to residential property. The inspector acknowledged in her report that: "ETSU-R-973 recommends a minimum separation distance of 350m for a ‘typical’ wind turbine in relation to residential development. This, based upon the industry in 1997, is widely regarded as inadequate and out-of-date in application to present-day turbines which are commonly much larger and of greater overall impact than those of 1997." It is very stressful to find that a turbine is proposed close to one’s home and that government guidelines and local planning policy may not be sufficient to protect one's family from harm. We feel that the people of Eden District should be offered a similar degree of protection as those in Allerdale by including a minimum separation distance of 800m to residential property in our plan.
- 43 - Appendix 2: Wind Turbine Applications in Eden
Appeal Application Proposal Address Appeal Outcome
Installation of a 500kW wind turbine on a 46.9m monopole mast (77m to blade tip) and BARROCKEND FARM, 14/1019 associated infrastructure including foundation, crane pad access track and Live ARMATHWAITE underground cabling.
A proposed single turbine, with a hub height of 50m and a blade tip height of 74m. In MONKCASTLE FARM, 14/0838 Live addition of associated infrastructure, including tracks and cable housing. SOUTHWAITE
- 44 - Erection of four wind turbines with a maximum height to blade tip of 130m (above HAY CLOSE FARM, 14/0637 ground level) with associated ancillary infrastructure, control building, internal access Full Refusal Yes In Progress CALTHWAITE tracks, crane pads and temporary site compound / storage area.
Installation of 11kW wind turbine, mounted on 18m lattice mast with a blade height tip WEST BROWNRIGG FARM, Full 14/0531 N/A of 24.5m. PLUMPTON Approval
Erection of wind turbine measuring 31.4m (to hub) and 46.4m (to blade tip) and LAND AT HOLMAND FARM, 14/0335 Full Refusal Yes In Progress associated infrastructure. BOWSCAR
LAND TO THE SW OF Erection of wind turbine measuring 23m (to hub) and 35m (to blade hub) and 14/0304 SOUTHWAITE SERVICES, Full Refusal associated infrastructure, hardstanding and access. SOUTHWAITE
Erection of a wind turbine measuring 50m to hub and 77m to blade tip and associated LAND TO THE SOUTH-EAST OF 14/0281 Full Refusal Yes In Progress infrastructure including an access track, hardstanding and a transformer. AINSTABLE
LAND TO THE NORTH-WEST Erection of wind turbine measuring 23m (to hub) and 35m (to blade tip) and associated 14/0162 OF SOUTHWAITE MOTORWAY Full Refusal No infrastructure including an access track and a transformer. SERVICES, SOUTHWAITE
Installation of a single wind turbine measuring 40m to hub and 67m to blade tip, with 13/0917 RAISGILL HALL, TEBAY Full Refusal Yes In Progress associated infrastructure and access route.
LAND TO THE WEST OF 13/0774 Erection of wind turbine measuring 77m to blade tip. SOUTHWAITE MOTORWAY Full Refusal Yes Dismissed SERVICES LTD, SOUTHWAITE
LOW ABBEY FARM, KIRKBY Full 13/0761 Erection of two wind turbines measuring 22.4m to blade tip. N/A THORE Approval
LAND ASSOCIATED WITH 13/0706 Proposed siting of 1 x 46.4 high (to blade tip) wind turbine. HOLMLANDS FARMS, Full Refusal No BOWSCAR
HARRINGTON LING FARM, 13/0650 Erection of wind turbine measuring 34.5m to blade tip. Full Refusal Yes In Progress SOUTHWAITE
13/0613 Installation of 2 wind turbines measuring 34.4m to blade tip. HIGH CARLINGILL, TEBAY Withdrawn N/A
- 45 - 13/0523 Erection of wind turbine measuring 45m to blade tip. GREENGILL FOOT, BOWSCAR Withdrawn N/A
STONEYBECK FARM, 13/0429 Installation of 1 x 80kw wind turbine with a blade tip height of 39m. Full Refusal BOWSCAR
13/0428 Installation of 3 wind turbines 35m to blade tip to generate electricity. HIGH CARLINGHILL, TEBAY Withdrawn N/A
LOW BORROWBRIDGE FARM, 13/0427 Installation of wind turbine with a blade tip height of 34.4m. Withdrawn N/A TEBAY
LAND TO THE WEST OF 13/0424 Proposed installation of 2 wind turbines with a blade tip height of 35m. SOUTHWAITE SERVICES, Withdrawn N/A SOUTHWAITE
CROFT HOUSE, NEWTON 13/0331 Erection of 25m wind turbine. Withdrawn N/A REIGNY
HARRINGTON LING FARM, 13/0234 Proposed siting of 1 x 36.4M high (HUB) wind turbine and associated development. Full Refusal No N/A SOUTHWAITE, CARLISLE
SPROAT GHYLL, ORTON, 13/0201 Erection of a 80kw wind turbine on a 30m monopole mast. Full Refusal Yes Dismissed PENRITH
12/1029 Erection of 2 no. 80kw wind turbines on 24.8m masts. NOOK FARM, SHAP, PENRITH Full Refusal Yes Dismissed
12/0819 Proposed erection of kingspan KW6 domestic wind turbine mounted on a 15m mast. THE ROW, OUSBY, PENRITH Withdrawn N/A N/A
LAND AT THACKWOOD 12/0647 Installation of 1 no. wind turbine, access and associated works. LANDFILL, SOUTHWAITE, Withdrawn N/A N/A CARLISLE
Installation of a single medium scale Northern Power 100 (100kw) wind turbine with a HOWES FARM, CALTHWAITE, 12/0607 Full Refusal Yes Allowed hub height of 37m and blade diameter of 23.6m. PENRITH
BROWNGILL, NENTHEAD, Full 12/0583 Installation of a 5kW small domestic-scale Micro-Wind-Turbine on a 12m mast. N/A N/A ROAD ALSTON Approval
12/0524 Proposed domestic wind turbine mounted on a 15m tower. FAR NENTSBURY, ALSTON Withdrawn N/A N/A
- 46 - PLUMPTON HEAD, PLUMPTON, 12/0434 Installation of two 11kw Gaia wind turbines on 18m masts. Full Refusal Yes Allowed PENRITH
MONKS HOUSE, PLUMPTON, 12/0429 Installation of 11kW wind turbine on 18.3m high mast. Full Refusal No N/A PENRITH
BARROCKSIDE FARM, Full 12/0395 Erection of an 18m high wind turbine. N/A N/A CARLETON, CARLISLE Approval
WHITBARROW FARM BERRIER 12/0200 The erection of an 'Endurance E-3120' 24.6m high (34.2m to blade tip) wind turbine. Full Refusal No PENRITH
FIELD SOUTH/SOUTH EAST OF Full 12/0100 Proposed 12m wind turbine. HEWER HILL COTTAGE N/A Approval HESKET NEWMARKET WIGTON
FAR SHIELDS AINSTABLE 11/1035 Erection of 5kW wind turbine on 15m mast. Full Refusal Yes Allowed CARLISLE
STREET HEAD FARM IVEGILL Full 11/1014 Erection of a single 10kW turbine (rotor diameter 7.2m on 15m galvanized steel tower). N/A CARLISLE Approval
HOWES FARM CALTHWAITE 11/0974 Erection of single wind turbine (36.7m to hub height, 47.1m to blade tip). Withdrawn N/A PENRITH
BIRKDALE HARWOOD IN Full 11/0971 Erection of wind turbine. (Blade tip11.8m) N/A TEESDALE BARNARD CASTLE Approval
FOREST HILL FARM BOWSCAR 11/0815 Proposed 30m wind turbine. Full Refusal Yes Allowed PENRITH
Installation of one 11KW Gaia turbine mounted on an 18m lattice mast with a blade MILBURN GRANGE KNOCK Full 11/0730 N/A diameter of 13m. APPLEBY-IN-WESTMORLAND Approval
RATTEN CASTLE SOWERBY Full 11/0706 Proposed 20m wind turbine. N/A ROW CARLISLE Approval
BLEATHGILL BARRAS KIRKBY 11/0622 Installation of 3 no 18m wind turbines. Full Refusal No STEPHEN
- 47 - GREENGILL HEAD FARM Full 11/0567 Erection of 15m wind turbine. N/A MAIDENHILL PENRITH Approval
WEST COCKLAKE FARM Full 11/0447 15m wind turbine. N/A NENTHALL ALSTON Approval
LAND ADJ TO NEWLANDS MILL Full 11/0225 Erection of wind turbine (height to blade tip 57m) and associated infrastructure. N/A HESKET NEWMARKET WIGTON Approval
KIRKBARROW HALL 11/0133 Installation of 18m wind turbine. Full Refusal Yes Dismissed GREYSTOKE PENRITH
SHIRE LODGE OUSBY 11/0069 Erection of 20m wind turbine. Withdrawn N/A PENRITH
Erection of 18.3 metre high turbine on a 5 square metre concrete base with 13m BARROCKSIDE FARM Full 10/0935 N/A diameter twin blades. CARLETON CARLISLE Approval
OLD PENNISTONE NORTH 10/0916 Installation of 15m wind turbine. Full Refusal STAINMORE KIRKBY STEPHEN
COTTERILL HOUSE NENTHEAD 10/0813 Proposed dwelling and wind turbine. Withdrawn N/A ALSTON
THACKWOOD LANDFILL SITE 10/0788 Proposed wind turbine. Withdrawn N/A MONKCASTLE CARLISLE
Change of use of agricultural land and barn to equestrian use (including jumps and cross country circuit). Erection of 2 no. 15m Segem wind turbines. Installation of 30 no. PINEWOOD HEIGHTS 10/0724 holiday lodges, associated roadways, foul & surface water drainage systems (including Full Refusal APPLEBY-IN-WESTMORLAND Klargestrer reed bed system). Alterations to agricultural barn to accommodate a Biomass boiler and Solar Photovoltaic roof.
KIRKBARROW HALL Withdrawn N/A 10/0723 Installation of 18m wind turbine. GREYSTOKE PENRITH
MOOR HOUSE ORTON Full 10/0700 Installation of single wind turbine. N/A PENRITH Approval
- 48 - Full 10/0265 Erection of domestic wind turbine. NETHER NENTSBURY ALSTON N/A Approval
LOW HOWGILL MILBURN Full 10/0082 Proposed 11 KW Gaia wind turbine (amended proposal). N/A PENRITH Approval
GATE FOOT FARM GARRIGILL Full 09/0585 Erection of wind turbine (approx 12m in height). N/A ALSTON Approval
- 49 - Appendix 3: Wind Turbine Planning Appeals
PINS Ref Year Location Distance Details Notes and Quotes
APP/D2510/A/1 2013 Lincolnshire 800m 8 turbines ‘The appellants were able to show by reference to other appeal and called-in 2/2176754 (115m) application decisions that in England, no property 800m or more from a wind farm scheme had been judged to be potentially affected by the visual presence of turbines to the extent that the living conditions of its residents would be unacceptably harmed.’
APP/P2114/A/1 2011 Isle of Wight 900m 3 turbines ‘Given the distance to the nearest dwellings, along with the local topography, I 0/2125561 (125m) do not consider that there are any special circumstances or factors which would apply here to indicate that both construction and operational noise from the proposed wind farm could not be adequately controlled by the conditions suggested to the Inquiry.’
APP/X2410/A/1 2011 Leicestershire 610 m 1 Turbine ‘The noise assessment indicates that the limit could be comfortably met.’ 0/2134009 (132m)
APP/C1625/A/0 2010 Gloucestershire 400m 1 Turbine ‘Given the distance of the site from the nearest properties, there would be no 9/2116088 (70m) likelihood of disturbance to local residents from any sounds arising from the movement of wind through the structure’’
APP/D2510/A/1 2010 Lincolnshire 700m 8 ‘As to the totality of noise considerations there is no justifiable basis to conclude 0/2121089 Turbines that this is a factor to be weighed against the project.’ (2Mw)
APP/R1038/A/0 2010 Derbyshire 650m 5 ‘Living conditions would be unacceptably harmed, to varying degrees, by noise 9/2107667 And Turbines and visual impact.’ APP/P1045/A/0 (126m) 9/2108037
- 50 - APP/J1915/A/09 2010 Hertfordshire 750m 3 ‘I conclude on the third issue that neighbouring residents would not suffer /2104406 Turbines unacceptable disturbance from noise or shadow flicker’ (119m)
APP/M0933/A/0 2009 South Lakeland 600m 6 ‘I consider that the turbines are unlikely to cause unacceptable noise at nearby 8/2090274 Turbines dwellings.’ (120m)
APP/L2630/A/08 2008 Norfolk 700m 7 turbines A distance of 700m from the nearest residential dwelling was found to be /2084443 (125m) appropriate.
APP/B3030/A/0 2008 Nottinghamshire 800m 5 turbines A distance of between 600 and 800m from the nearest residential dwelling was 8/2072487 (100m) also found to be appropriate.
APP/X2220/A/0 2008 Dover 1km 5 turbines From the nearest dwelling (360m), the Inspector found that the turbine would be 8/2071880 (125m) 'looming', 'unpleasantly overwhelming’, and ‘unpleasantly overwhelming and unavoidable' impact extended to dwellings within 800m. At a settlement 1km away from the turbines, the impact too would be dominating and unavoidable.
APP/V3310/A/0 2008 Somerset 440m 5 turbines ‘There is no clear evidence that noise from the turbines, noise related problems 6/2031158 (120m) or shadow flicker would cause any unacceptable harm to living conditions locally, especially if controlled by appropriate conditions.’
APP/W0530/A/0 2006 Cambridgeshire 800m 16 Inspector considered that the impact of the turbines on a settlement 800m away 5/1190473 turbines would be significant. The turbines were found to completely dominate the (100m) character and appearance of the area, and the appeal was dismissed.
Source: Allerdale Local Plan (Part 1) Wind Turbine Separation Distance Topic Paper May 2013 Available from: http://www.allerdale.gov.uk/downloads/TP5_Wind_Turbine_Separation_Distance.pdf
- 51 - Appendix 4: Eden Local Plan Submission Draft – Policy ENV6 – Renewable Energy Renewable and low carbon energy schemes will be supported where: 1. Proposals can be incorporated into the local landscape without significant adverse impact; particular attention will be paid to the landscape impact of proposed developments which are located close to or within the North Pennines AONB and the National Parks;
2. Proposals respect the form of the built environment, including settlement character and heritage assets, with particular attention paid not only to the potential impact on the heritage asset itself, but also to its wider setting; 3. The development proposed will not have an unacceptable impact on the amenity of local residents and can demonstrate that there is sufficient mitigation measures to minimise the impact of noise, smell or other nuisance or pollutants likely to affect nearby occupiers and neighbouring land uses;
4. It can be demonstrated that the natural environment, including designated sites will not be adversely affected (and where possible enhanced);
5. The local road network can satisfactorily accommodate the development proposed;
6. The proposed scheme is led by the community or will provide significant direct benefits to the community through their involvement with the proposal;
7. Where necessary, an assessment of the cumulative impacts of renewable energy developments has been undertaken, and there is found to be no significant adverse impact;
8. For proposals involving Wind Energy developments, the development is located in a ‘suitable area’ (identified on the Policies Map) and following consultation, it can be demonstrated that the planning impacts identified by affected local communities have been fully addressed and therefore the proposal has their backing;
9. The proposed scheme will not have an unacceptable effect on civil or military aviation and/or other defense related installations; 10. The proposed scheme will not have an unacceptable effect on existing telecommunications infrastructure; 11. Suitable measures have been included for the removal of redundant structures or equipment and for the restoration of the site, should the site become non-operational.
- 52 - Where mitigation is required to make any identified impacts acceptable these will, where necessary, be secured through condition or planning obligations.
Explanation Eden is a large but sparsely populated district with high quality, undeveloped landscapes. It also contains a number of landscape designations such as the North Pennines AONB, which under national planning policy demands that great weight is given to the conservation of landscape and scenic beauty. The Council recognises the importance protecting our natural environment whilst making the most effective use of our natural resources through renewable energy generation. Renewable energy is the collective term used for repeatedly occurring natural energy sources; typically these include energy from wind, biomass, waste, hydropower, solar, heat pumps, woodfuel and others as technologies develop. This criteria based policy will be used to ensure that renewable energy development is sited in the most appropriate locations, be that large scale or micro-renewable schemes (where planning permission is required). Applications for types of renewable energy technologies, such as anaerobic digestion plants which import off-site waste materials would come under the remit of Cumbria County Council as the Planning Authority for Minerals and Waste. The Cumbria Renewable Energy Study (2011) considers a range of renewable energy sources, translating potential into capacity up to 2030. The study considers potential technical capacity from wind, biomass, energy from waste, hydropower, solar and heat pumps. The study identified the potential for an additional 71MW by 203014. Proposals for renewable energy developments may inevitably have some local environmental implications. Any significant adverse impact should be considered against the wider social, economic and environmental benefits of a scheme. In June 2015 Greg Clark MP announced in his Ministerial Statement that new considerations to be applied to proposed wind energy development so that local people have the final say on wind farm applications, the NPPG was subsequently amended to reflect these new provisions. As a result the Council has undertaken an assessment of ‘suitable areas’, which can be found on the Policies Map. In order to address community concerns and in the interests of residential amenity and safety, a minimum separation distance of 800m between wind turbines (over 25m to blade tip) and residential properties will be expected. It is recognised that in some cases due to site - specific factors such as orientation of views, landcover, other buildings and topography it may be appropriate to vary this threshold, where it can be demonstrated through
14 Cumbria Renewable Energy Study (2011): http://www.cumbria.gov.uk/eLibrary/Content/Internet/538/755/1599/40890154140.pdf
- 53 - evidence that there is no unacceptable impact on residential amenity. Shorter distances may also be appropriate if there is support from the local community. Reason for this Policy It is important that we create opportunities through the planning system for decentralised energy, and reduce our reliance on fossil fuels. This policy therefore aims to encourage new low carbon energy schemes whilst setting out safeguards to ensure they have no or minimal impact on quality of life in the district. The NPPF advises that all local authorities should plan for a low carbon economy, recognising longer-term benefits of low carbon energy generation. The guidance promotes a proactive approach towards the creation of renewable energy sources, which recognises the responsibility of all areas to contribute towards energy generation. This approach is supported by the Cumbria Renewable Energy Study. This policy aims to mirror the supportive approach within the NPPF, whilst including provisions to ensure local landscapes are protected from inappropriate development and significant adverse effects can be avoided.
- 54 - Appendix 5: 800m Residential Property Buffer Map
- 55 -