2/2012/0524
Reference No: 2/2012/0524 Received: 22 June 2012 Proposed Erection of a 67m single wind turbine and associated sub-station Development: Location: The Flatt Farm Great Orton Kirkbampton Carlisle Applicant: Empirica Investments Limitd
Dra wing Numbers: SHF.309.001.D.157.A - Location Plan SHF.309.001.D.158.A - Site Layout and Access Plan SHF.309.001.D.159.1.A - Turbine Elevation Plan SHF.309.001.D.159.2.A - Construction Cross Section SHF.309.001.D.159.3.A - Indicative Sub-station Elevation Plan SHF.309.001.D.161.A - Site Boundary Plan
Constraints:
Policies: Allerdale Local Plan, Adopted 1999 (Saved)
Policy EN5 - Pollution Control Policy EN6 - Location of potentially polluting development Policy EN9 - Contaminated/Derelict Land Policy EN10 - Restoration, after uses cease Policy EN14 - Safeguarding Water Environment Policy EN19 - Landscape Protection Policy EN25 - Protecting the open countryside Policy EN32 - Protecting wildlife protected by law
Cumbria and Lake District Joint Structure Plan 2001-2016 (Saved)
Policy R44 - Renewable energy outside the Lake District National Park and AONBs Policy E35 - Areas and features of nature conservation interests other than those of national and international conservation importance Policy E37 - Landscape character
North West Regional Spatial Strategy to 2021 Policy DP1 - Spatial principles Policy DP9 - Reduce emissions and adapt to climate change Policy EM17 - Renewable Energy
National Planning Policy Framework
Cumbria Wind Energy Supplementary Planning Document July 2007
Relevant Planning 2/2012/0200 – 50m Anemometer Mast – Approved History: SCR/2012/0038 – Screening opinion for wind turbine – Not EIA development
Representations: Parish Council – No objections, which is substantiated by the resident closest to the proposal entering no objection in his submission although they do note and agree with the residents comments on the proliferation of turbines in this area.
Arqiva – No objections
Cumbria County Council – The development would not be a Category 1 Application and would not be responding from a strategic planning perspective. They recommend that the Council use current development plan policies relating to renewable energy and consider potential cumulative impacts.
CAA – No objections
Carlisle Airport – No objections
Cumbria Highways – No objections subject to conditions.
County Archaeologist – No recommendations or comments
Environmental Health – No objections subject to an appropriate condition to control noise.
Ministry of Defence – No objections subject to aviation lighting being fitted to the equipment.
Natural England – The application is within close proximity to Thurstonfield Lough and Orton Moss SSSIs. However, given the nature and scale of the proposal the development is not likely to be an adverse effect on these sites. The SSSI designations do not represent a constraint in determining this application.
The LPA should assess the application against the standing advice related to protected species.
RSPB – The application needs to include a desk based assessment that includes data from Tullie House.
Environment Agency – No objections but would comment that the cross sections of the access track and turbine show recycled material being used as a sub base, this would require a permit from the environment agency.
The applicant is advised to undertake a desk study to ensure foundation design and ancillary structures do not encroach onto the landfill burial of fallen livestock.
The application has been advertised on site and adjoining owners have been notified.
There have been 20 letters of objection and one that states no objections but brings up some points relating to potential future applications.
The objections relate to the following points:-
• Cumulative effects • The report does not take into affect all wind turbines and meteorological masts within the area • Impact on landscape • Do not agree with the landscape conclusion that the impact would be ‘moderate and therefore not significant’ • Limits of the landscape study area to 7km • Public opinion should be taken into account well before mitigation is considered • The capacity for wind turbines has been surpassed • The fact the other tall structures exist nearby is not a precedent • The photomontages are of little value due to positions of where the photograph is taken • Photographs cannot show an accurate representation of a moving structure • Precedent for further development • There is no overriding need for the development • The application does not contain a satisfactory or accurate cumulative impact assessment nor an environmental impact survey • The met mast has only been erected and would not have had sufficient data to gather data therefore the application is premature • Very few details of the turbine itself are submitted • The development is a commercial venture with no local benefit • In appropriate in terms of size and scale • Affects on visual amenity of the area • Benefits of the scheme not specified • Would not comply with policies • Noise Impact • Impact on local amenity and visitor amenity • The site is incompatible with the preservation of habitats of protected bird and animal species • The turbines within the Carlisle district area are taller than the existing turbines and this proposal • The applications in Allerdale and Carlisle are trying to create a large wind farm with single applications • Watchtree nature reserve has provided general comments on wildlife on the Watchtree site and turbines within the area; they indicate that they have no knowledge of cumulative impacts of turbines around the site. They have written to Cumbria Wildlife Trust to request that it is listed as a county wildlife site (not granted at time of writing). They question whether the turbine could affect connectivity and continuity of Watchtree. The current turbines do not seem to have a significant impact on wildlife other than the occasional bird strike. Little research has been undertake regarding affects on visitors to the countryside in general so could not know if further development is likely to attract or deter visitors. Mitigation measures that favour Watchtree could benefit the area.
Report Introduction
This proposal seeks permission for the erection of a single wind turbine on land at The Flatt Farm, near to the village of Great Orton.
Policy Considerations
Planning Policy
Renewable energy developments are supported by the National Planning Policy Framework (NPPF) which outlines that there should be a presumption in favour of sustainable development under paragraph 14. Under Chapter 10 of the NPPF it outlines there is a presumption to approve applications for renewable energy proposals unless material considerations indicate otherwise (paragraph 98).
The NPPF states that the delivery of low carbon energy and associated infrastructure is central to the economic social and environmental dimensions of sustainable development. In determining planning applications, LPA’s should:
• not require applicants for energy development to demonstrate the overall need for renewable or low carbon energy and also recognise that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions; and • approve the application if its impacts are (or can be made) acceptable
The NPPF is considered to support policy R44 of the Cumbria and Lake District Joint Structure Plan. Saved Policy R44 of the Joint Structure Plan states that outside the Lake District and AONB, proposals for renewable energy, including any ancillary infrastructure or buildings, will be favourably considered subject to a number of criteria relating to landscape character, biodiversity and natural and built heritage, local amenity, local economy, highways or telecommunications.
As the property is not located within any special landscape designations (including local) the proposal would be in compliance with Policy EN25 of the Local Plan when read in conjunction with the NPPF chapters 109, 110 and 115. The Cumbria and Lake District Joint Structure Plan, under Policy E37, stipulates that development should be compatible with the distinctive characteristics and features of the landscape, requiring future proposals to be assessed in terms of relevance, visual intrusion, scale in relation to the landscape and remoteness and tranquillity.
The objectives of Policy EN6 of the Allerdale Local Plan seek to safeguard sensitive development from pollution generating proposals which would concur with the objectives of the NPPF.
The proposal as a whole is considered to be in line with the NPPF.
Overall (as reflected in the policies) the merits of the proposed development relate to balancing whether the economic, social and environmental benefits of the proposed renewable energy development outweigh any environmental impact of the proposed turbines.
Financial Implications
There would be no financial implications associated with this development.
Need for and Environmental Impact Assessment
The Local Planning Authority have issued a screening opinion on 13 July 2012 indicating that the proposed development does not constitute EIA development and therefore the application in officers opinion is considered to contain sufficient information within the supporting documentation to assess the proposal.
Needs/Benefits
The needs and benefits of the proposal are important elements in the overall planning balance. The NPPF continues to give support to all forms of renewable energy development.
The increased development of renewable energy resources is vital to facilitating the delivery of the Government’s commitments on both climate change and renewable energy. Positive planning which facilitates renewable energy developments can contribute to the Government’s overall strategy on sustainability and renewable energy development, as emphasized in the Energy White Paper (2007), The UK Renewable Energy Strategy (2009) the UK Energy Road Map (2011) and a significant number of other policies and commitments. The NPPF continues to give support to all forms of renewable energy development.
In order to mitigate the effects of climate change, the North West Regional Spatial Strategy (NWRSS) policy EM17 encourages the use of renewable energy development in order to achieve 15% of the electricity supplied within the Region from renewable energy sources by 2015, rising to 20% by 2020. The RSS includes indicative generation targets and for Cumbria, these are:
2010 – 237.3MW 2015 – 284.8MW 2020 – 292.4 MW
The Courts have determined that the government’s intention to abolish Regional Spatial Strategies is a material consideration. However, in the context of renewable energy development, this intention is not considered to carry significant weight, given the binding legal targets relating to carbon and greenhouse gas emissions within the Climate Change Act.
The Cumbria Renewable Energy and Deployment Study (August 2011) confirmed that the capacity of operational or consented renewable energy schemes within Cumbria totalled 285.36MW. This figure is not directly comparable to the RSS targets because the RSS specified electricity generation only; whilst the Cumbria Renewable Energy and Deployment Study considered renewable energy schemes for both power and heat. The UK Renewable Energy Strategy recognises the importance of both electricity and heat from renewable sources and seeks around 35% of electricity and heat to come from renewable and low carbon (non nuclear) sources by 2020. Of the overall figure deployed or consented within Cumbria, 70% is located within the district of Allerdale.
As such, the consented/installed capacity for power and heat from renewable energy development is considered to be substantial and to make a positive contribution to addressing climate change.
Regardless of these figures, the imperative for further renewable energy within national policy and strategy is clear. Therefore, the weight to be attached to the deployment of renewable energy is not considered to have diminished.
Whilst this scheme would make only a small contribution towards regional and national targets for the production of energy from renewable sources, it remains valuable, thus contributing to meeting the objectives of the Climate Change Act. Whilst the local economic benefits cannot be precisely quantified there would be some in terms of the economic benefits to this local business. Achieving the binding national targets for the proportion of energy from renewable sources and the reductions sought in greenhouse gases can only be done by an accumulation of local projects of varying scale. Thus, based solely on national performance, a need for developments of this type exists. These are material considerations that weigh significantly in the planning balance.
Site and Surroundings
The site itself is currently in agricultural use and accessed off a track through the Great Orton Airfield site from the public highway which is approximately 570m from the site at its nearest point; the existing access into the disused airfield would be used therefore no new access would need to be constructed.
The surrounding area is agricultural in nature with pockets of woodland within close proximity to the site and adjacent to Watchtree Nature Reserve. The settlement of Great Orton is 1.18kmm to the west, Kirkbampton and Thurstonfield are 2.2km to the north and Wiggonby 1.79km to the south west; there are a number of interspersed single dwellings or farms and small clusters of dwellings between these settlements.
Land levels are relatively flat surrounding the site with a small rise from the hamlet of The Flatt which is 670m to the north. The site is currently in agricultural use, with the surrounding area being rural in nature with open fields separated by hedging and trees and small areas of woodland. The site is located on the now redundant airfield which has been transformed into a nature reserve.
The turbine would be set into reinforced concrete foundations and would connect into the national grid by way of a new connection; this is the responsibility of the applicant and would be done in connection with United Utilities.
The site is within 850m of an erected wind farm of six turbines 68.5m in height to the tip which are located to the south of the proposed site.
A further turbine 282m to the north of the site, 79m to tip has been withdrawn. Two further turbines have been submitted within the Carlisle City Council area; one has recently been approved at Mid Town Farm, Great Orton (74m to tip) and the second application on land at The Flatt (79m to tip) is still being considered.
The site is located is 12.7km from the Lake District National Park boundary and 6km from the Area of Outstanding Natural Beauty 5.5km from the buffer of the setting of Hadrians Wall World Heritage site.
The Proposal
The turbine would be three bladed with a hub height of 45m and a 44m rotor diameter giving a total height to blade tip of 67m.
The colour which can be controlled by condition in order to achieve a satisfactory finish to minimise the visual appearance of the development.
The design of the turbine does not require any form of construction compound, special access, substation or any temporary structures.
Officers are of the opinion that there is sufficient information within the supporting design and access statement to assess the proposal; photomontages have been provided which show the impacts from various vantage points in the immediate area.
Access and Highways Considerations
A small section of new access road would be constructed within the field with a new concrete hard standing installed for the crane to operate from; suitable access is gained through the main airfield access.
The highways authority has indicated that construction vehicles have already used the access tracks to construct the existing turbines and therefore the existing access would seem to be suitable for an additional turbine.
Officers consider that a condition would ensure that an appropriate transport route was taken in order to minimise the impacts on the highway.
The proposal is considered not to affect users of the highway and no objections have been received from the Highways Authority in this regard.
Members of the public do have access to the site through Watchtree nature reserve and this would run along the access to the site, officers consider a note to applicant is appropriate to ensure all routes used by members of the public shall remain unobstructed by the development. There is sufficient topple distance in relation to the proximity of the areas used by the general public; all would be at a distance greater than the height of the turbine.
Noise
The nearest residential property not associated with the proposal is Rosebank Cottage; this dwelling is approximately 605m to the north west of the proposed site.
A noise report accompanying the application indicated that a Simplified ETSU R97 assessment was undertaken for the 20 closest sensitive residential receptors and demonstrated that predicted noise levels would be below 35dB(A) ETSU R97 Simplified Assessment criteria at wind speeds of up to 10m/s.
Environmental Protection has confirmed that they are satisfied with the information provided and that the proposal should be able to achieve the noise limits specified by ETSU. However in order to safeguard the amenity of the surrounding area, conditions are recommended relating to the ETSU noise limits and a complaints protocol.
Based on this advice from Environmental Health, the proposal is considered to be acceptable with regards to noise levels generated, subject to the inclusion of the recommended conditions.
Shadow Flicker
In terms of shadow flicker, the standard assessment would be that properties within 10 rotor diameters of the turbine could potentially be affected by shadow flicker. In this case the rotor diameter is 44m therefore as there are no residential properties within 440m the affects of shadow flicker would not cause harm to surrounding properties.
Electromagnetic Interference (EMI), Aviation and RADAR
The CAA and the MOD have all been consulted on the proposal and have raised no objections with regards to the proposal. Conditions are requested relating to aviation lighting and notification when the turbine is erected. Subject to these conditions, the scheme is considered acceptable in terms of aviation safety and radar.
The BBC windfarm tool is applicable to wind farms not single wind turbines also the tool is applicable to turbines of a greater height and electricity output (generally sites of 3MW which is not comparable to this single wind turbine). Officers cannot place great emphasis on the BBC online tool due to the significant differences in the size and capacity of this development. It is considered that safeguarding television reception can be controlled by condition to ensure appropriate mitigation of any interference caused by the development.
Residential Amenity
The nearest residential property is approximately 605m away, the orientation and screening around the dwelling reduces any negative impacts of the development. Properties within hamlet of The Flatt approximately 780m from the proposal will be in direct line of site of the development however considering the distance from the proposal the development would not be considered to cause any significant affects on residential amenity.
Due to the distances from residential properties the development is not considered to have any overbearing affects on any occupiers of these properties.
Biodiversity
A report on the site has been undertaken by an appropriately qualified ecologist to support the application which includes a desk based assessment and ornithological scoping assessment.
The report identifies that the site is adjacent to the Watchtree Nature Reserve which was formed on ground used to disposal of animals during the foot and mouth outbreak in 2001. The habitat within the surrounding locality is very low density and supports a number of ponds and wetland areas, these features are of some distance from the proposed site. The application site is a field of planted and improved grassland.
The agricultural nature and type of planting on the field does not support any important or rare species. The field would not be seen as an ecologically valuable habitat and the limited construction associated with the development is not considered to cause significant disturbance to any valuable habitat.
The surrounding landscape has field hedging and small pockets of woodland; these areas have been assessed and have not been identified as being of any significant ecological value.
The report identifies that the woodland within the vicinity of the site is not of an age or condition that would support significant roost potential to bats. The site of the turbine is located in excess of 50m from any hedgerows in order to minimise the impacts on bats and comply with the technical advice provided by Natural England.
The bat scoping exercise indicates that the nearest habitat feature that bats are likely to use is some 68m from the proposed turbine which is well in excess of the general guidelines provided by Natural England. Six species of bats have been recorded at Watchtree Nature Reserve; however, considering the site offers little potential for foraging or commuting routes the development is not considered to affect these legally protected species.
There are two Sites of Special Scientific Interest (SSSI) with 2km of the site namely Thurstonfield Lough and Orton Moss. These SSSI designations would not be affected by the development.
The scoping report on birds highlights that recordings of certain birds may be affected by wind turbines have been identified within the locality; low numbers of curlew have been recorded, due to the low numbers of these species the assessment concludes that the risks to this species would be negligible. The desk study has indicated that it is unlikely have any significant impacts on wintering birds especially as there is significant alternative and superior habitats within the locality.
The fields and hedgerows are unlikely to hold species that would be at risk from collisions with wind turbines. Some ground nesting birds have been identified within the area, there would not be a loss of significant habitat and similar habitats would be available in the area. The development is not considered to cause significant harm to ground nesting species.
The site does not support habitats for barn owls; due to the nature of the field in which the turbine would be located there would be limited potential for hunting barn owls and therefore there would not be a high risk of collision from this development. The barn owl trust indicates that there is currently no evidence that wind turbines in the UK are having an affect on barn owls. The Trust also outline that barn owls are unlikely to be affected by wind turbines due to the way they forage at comparatively low altitudes and most wind turbines would have ground clearance in excess of this. In this case it is considered that there is sufficient ground clearance from the blade sweep not to affect foraging barn owls.
There would be no significant loss in habitats during the constructional and operational phases of the development and no records have identified any key species using the site.
Officers consider based on the limited species found within close proximity to the site that no mitigation measures are necessary in terms of biodiversity.
As no consultees have raised any particular issues with regards to protected species, the proposal is considered to be acceptable with regards to Policy EN32 of the Local Plan and the relevant parts of the Habitats Directive. Officers consider that the development would not have a significant adverse affect on any of the above species.
In terms of the comments from the RSPB, the submitted ecological survey included a desk based bird survey and further information has been provided relating to the data from Tullie House. The RSPB have been re-consulted with the further data, any further response would be reported to committee members.
Landscape and Visual Impact
The size of proposal makes the development difficult to screen and by the very nature of the development there is likely to be some harmful affects on the landscape and visual amenities of the area; however, the degree of harm needs to be weighed up against the benefits arising from the proposal.
The applicant has provided a landscape assessment that has identified there would be the potential for localised landscape impacts, in particular within 7km from the proposal. Within the Cumbria County Council landscape classification, the site lies within classification 5: Lowland, Sub Type 5a Ridge and Valley which has a moderate landscape capacity.
The landscape surrounding the site is dominated by open fields and the existing wind farm development to the south of the site.
The site would be visible from a network of public footpaths within the locality; both long and short term views of the turbine would be gained.
Public views of the proposed turbine would be possible from along parts of the surrounding highway network, including local roads and longer views from the A595 and A596. Given the scale of the proposal, it would be visible at a greater distance on surrounding public highways and rights of way.
Landscape and Visual Report
The landscape and visual assessment concludes that the single turbine would effect a very small section of the West Cumbrian Coastal Plain and the character of this impact would be considered to be moderate/slight and therefore not significant. In relation to the 7km study area which is characterised by six regional character areas the sensitivity to wind energy was found to be medium with the magnitude of change on the landscape character was considered to be medium and again the impact was considered to be moderate and therefore not significant.
The applicant has provided photomontage evidence that the wind turbine would be seen from certain vantage points within the locality but it is considered that the proposal would not have a wider significant impact on the landscape.
There would be a small number of residential visual receptors within the area; however, due to the distance from the site, orientation of dwellings and existing screening the proposal does not raise any significant concerns when viewed from these properties.
Although the site would be highly visible from the nearby public footpath network the turbine would not significantly detract from any routes when taken into context with the current land form and landscape features already present. The development is not considered to significantly affect the enjoyment of the users of the public rights of way sufficiently to warrant refusal of the application.
Given the scale of the proposal, the location within a low lying and wide valley and the separation from the Solway Coast AONB and Lake District National Park, the proposal individually is not considered likely to have landscape and visual impacts sufficient to be considered of more than local importance.
Officers consider that the main impacts of this development would be local to the proposed site and although some longer views will be gained it is reasonable to apply some weight to the existing scale of turbine development within the immediate locality. As such, the impact of the proposal on the landscape character is not considered to constitute significant grounds for refusal.
Cumulative Impacts
850m to the south of the site is a linear windfarm of six turbines at the Great Orton airfield which are 68.5m in height to blade tip, to the south east of the site and within Carlisle City Council boundary an approved 74m turbine (12/0345) and a further application for a 79m wind turbine (12/0638) which is pending.
Existing turbine development in the locality includes four large scale turbines at Hellrigg (Parkhead Farm, Silloth) 17km to the west. An approved scheme for three large scale turbines has been approved at Warwick Hall, Westnewton 21km south west (construction has not yet commenced). To the south west there are 3 large scale wind turbines at Bolton Low Houses, 13km and 8 large scale turbines at Bothel, 21km.
There also have been some smaller turbines considered to the west of the site the nearest of which are; Park House Aikton 2/2011/0265 - single turbine 20m hub 2.2km to the south west – approved, Thornby Villa 2/2012/0040 - two 36.4m to hub height turbines 3.9km to the south west – approved, Outerby 2/2012/0354 single turbine 24.6m to hub height 2.2km to the north west of site 2km – refused.
The applicant has provided a comprehensive assessment on the potential cumulative affects of the development with the proposed and existing turbines within the immediate locality. The assessment concludes that the development would theoretically be seen cumulatively in combination with the aforementioned wind turbine developments but indicates there would be no significant impacts arising from the addition of a single turbine due to screening or filtering by existing landform and vegetation. The landscape and cumulative visual impacts are considered to be Moderate to slight and therefore not significant.
The proposal relates to a single turbine of a similar scale and size to the existing turbines on the airfield and albeit detached from the staggered alignment, from most public viewpoints will be seen in this perspective with only local impacts. Its eastern position on the edge of the airfield occupies a more remote location than the airfields existing windfarm and therefore there will not likely be a significant visual impact.
The turbine will be seen in conjunction with other turbines at Great Orton windfarm as a group from longer distance viewpoints.
Detailed guidance within the ‘Cumbria Wind Energy, Supplementary Planning Document’ adopted by Allerdale Borough Council and Cumbria County Council is particularly relevant to the consideration of cumulative effects given the landscape (‘Ridge and Valley’ landscape Class 5 sub category 5a) with low to moderate landscape capacity for turbines in this locality is identified as a small group (3-5), exceptionally a large group (6-9). When considered with the existing (6 turbines), approved (1 turbine) and this application and the pending application within Carlisle City boundary the total number of turbines would be 9 and therefore would be within the parameters set within the guidance of the supplementary planning document. The submitted landscape assessment takes into account both the approved and pending applications for turbines.
The position of the proposed turbine extends the landscape and visual impact of the existing windfarm over the wide open flat landscape to the surrounding area. It is considered that the proposal would add cumulatively to the landscape impact of the development with the existing wind farm development at Great Orton and the aforementioned applications for single wind turbines; however, the council whilst acknowledging that there is likely to be some cumulative impact of the addition of this turbine it is not considered to be significant enough to warrant refusal of this application.
Protected Areas
The proposed turbine would not be located within an identified designated site or habitat. The site is not within close proximity to any listed buildings.
The site is not within the Solway Coast AONB or Lake District National Park and as such, there would be no impact on the landscape of either of these protected areas. With regard to the setting of these areas the distance and relationship with existing development the impact of the proposal in this regard is not considered sufficient to warrant refusal of the application.
Due to the distance and intervening features the proposal is not consider to affect the setting of Hadrian’s Wall World Heritage Site.
Conclusion
In balancing the degree of harmful effects of the proposal, which are in the main limited to the impact on the landscape and visual amenity, against the benefits arising from the promotion of renewable energy development, it is considered that on balance, the harm identified is outweighed by the ‘significant weight’ that is to be attached to the benefits arising from the proposal. The recommendation therefore is for approval, subject to conditions.
Recom mendation: Approved
Conditions/ 1. The development hereby permitted shall be begun Reasons: before the expiration of three years from the date of this permission. Reason: In order to comply with Section 51 of the Planning & Compulsory Purchase Act 2004.
2. The development hereby permitted shall be carried out solely in accordance with the following plans: SHF.309.001.D.157.A - Location Plan SHF.309.001.D.158.A - Site Layout and Access Plan SHF.309.001.D.159.1.A - Turbine Elevation Plan SHF.309.001.D.159.2.A - Construction Cross Section SHF.309.001.D.159.3.A - Indicative Sub -station Elevation Plan SHF.309.001.D.161.A - Site Boundary Plan Reason: In order to comply with Section 51 and Section 91 of the Planning & Compulsory Purchase Act 2004.
3. This permission shall remain valid for a period of 25 years from the date that electricity from the development is first connected to the grid. Within 12 months of the cessation of electricity generation at the site or the expiration of this permission, whichever is the sooner, all development shall be removed and the land restored in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority prior to any development commencing. Reason: To ensure the satisfactory long term restoration of the site, and the removal of any non essential development in the open countryside to safeguard the visual amenity of its site and surroundings in the open countryside.
4. Within 12 months of the completion of the construction works the temporary working areas around the turbines shall be reinstated in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority prior to any development commencing. Reason: To safeguard the visual amenity of the site and surroundings in the open countryside.
5. Unless agreed in writing by the local planning authority ,if the turbine ceases to be operational for a continuous period of 6 months, the development hereby permitted shall, within a period of 3 months (or such longer period as may be agreed in writing by the Local Planning Authority), be removed in its entirety from the site and the site shall either be restored to its condition before the development took place, or otherwise in accordance with a scheme that shall have first been submitted to and approved in writing by the Local Planning Authority. Reason: To safeguard the visual amenity of the site and surroundings from non essential development in the open countryside.
6. Development shall not be begun until a Construction Method Statement including details of all on-site construction works, post-construction reinstatement, drainage, mitigation, and other restoration, together with details of their timetabling has been submitted to and approved by the local planning authority and sh all include measures to secure: a) Formation of the construction compound and access tracks and any areas of hardstanding, earthworks and re-grading associated with the access tracks, storage and handling of topsoils/soils; b) Cleaning of site entrances and the adjacent public highway; c) Temporary site illumination measures; d) Disposal of surplus materials; e) The sheeting of all HGVs taking spoil to/from the site to prevent spillage or deposit of any materials on the highway; f) Soil storage and handling; g) Temporary and permanent parking and storage areas for construction vehicles, maintenance vehicles, equipment and component storage; h) Measures to prevent mud and debris extending onto the public highway i) Disposal of any surplus materials j) Dust management; k) Drainage arrangements for all impermeable areas and buildings, including parking areas, hardstandings, access tracks l) post-construction restoration/reinstatement of the working areas The Construction Method Statement shall be carried out as approved. Reason: In the interests of visual and residential amenity, and to prevent pollution of the environment in accordance with Policies EN6, EN14, EN25 and EN27 of the Allerdale Local Plan, Adopted 1999 (Saved).
7. No development shall take place until a written haul route plan and scheme for temporary works' signs has been submitted to and approved in writing by the Local Planning Authority. Works so approved shall be carried out prior to works commencing on site, and shall be retained until the construction phase of development has been completed. Reason: In the interests of highway safety
8. No development shall take place until a scheme for a condition survey of the public highway from the site access along the haul route prior to development commencing and after development is complete has been submitted to and approved in writing by the Local Planning Authority. Any necessary remedial works identified shall be made good in accordance with the approved scheme. Reason: In the interests of highway safety
9. Construction of the access track and any permanent areas of hardstanding shall not commence until the colour finish of the surface materials to be used have been submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved details. Reason: In the interests of visual amenity and in accordance with Policy EN25 of the Allerdale Local Plan, Adopted 1999 (Saved).
10. Prior to the erection of the turbine, details of the model, colour and finish shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out only in accordance with the approved details. Reason: In the interests of visual amenity and in accordance with saved Policy EN25 of the Allerdale Local Plan, Adopted 1999 (Saved).
11. Before construction of the control building and substation compound, details of the dimensions, appearance and external finishes of the building, the fencing and the surface of the compound shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: To ensure the design of the development is sympathetic with its sensitive site and surroundings within the open countryside.
12. No development shall take place until a written scheme has been submitted to and approved in writing by the Local Planning Authority setting out a protocol and methodology for dealing with the assessment of shadow flicker in the event of any complaint. The protocol and methodology shall include remedial measures to be taken to alleviate any identified occurrence of shadow flicker. Operation of the turbines shall take place in accordance with the agreed protocol and methodology. Reason: To minimise the risk of shadow flicker from the development affecting the occupiers of any residential dwellinghouses in the locality of the site.
13. No development shall take place until a written scheme has been submitted to and approved in writing by the Local Planning Authority setting out a protocol and methodology for dealing with the assessment of electromagnetic interference in the event of any complaint. The protocol and methodology shall include remedial measures to be taken to alleviate any identified occurrence of electromagnetic interference. Operation of the turbines shall take place in accordance with the agreed protocol and methodology. Reason: To minimise the impact of any disturbance potential electromagnetic interference from the development to the aerial reception of any dwellinghouses in the locality of the application site.
14. No development shall take place until a scheme for the replanting of any hedgerows or boundary planting removed for the proposed access during construction has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include provision for the replacement of diseased or dead hedgerow or boundary planting and a programme. Development shall be carried out in accordance with the approved details. Reason: To safeguard and enhance the visual amenity and landscape of the site.
15. No development shall take place until a surface water management plan covering water treatment and the means of drainage from all hard surfaces and structures within the site has been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. For the purposes of this condition, hard surfaces include access tracks within the site, the substation compound, temporary construction and laydown areas, turbine pads and crane pads. The details to be submitted shall indicate the means of protecting groundwater, including private water supplies, and diverting surface water run-off. Reason: To protect the local water environment from any potential pollution.
16. The following background noise levels shall not be exceeded when the wind farm is in operation:
a) Night time noise limits (11pm-7am) – The LA90 (10 minutes) specific noise level shall not exceed 43dB a) when assessed and measured 3.5m from the façade of the nearest noise sensitive use, namely “Rosebank Cottage, Great Orton, Carlisle, CA5 6NQ” or 5dB above the night time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater.
b) Day time noise limits (7am -11pm) – The LA90 (10 minutes) specific noise level shall not exceed 40dB (A) when assessed and measured 3.5m from the façade of the nearest noise sensitive use, namely “Rosebank Cottage, Great Orton, Carlisle, CA5 6NQ” or 5dB above the quiet day time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater. Reason: In the interests of residential amenity and in accordance with Policy EN6 of the Allerdale Local Plan Adopted 1999 (Saved).
17. In the event of a complaint being received in writing by the Local Planning Authority alleging noise nuisance at a residential property or properties due to the wind turbine, the wind turbine operator shall, at its expense, employ an independent consultant approved by the Local Planning Authority to measure and assess the level of noise emissions from the wind turbine at the location of the complainants property. The results of the ndependent consultant’s assessment shall be provided in writing to the Local Planning Authority within three months of the date of notification of the complaint. If a breach of Condition 16 was confirmed in the assessment the operation of the turbine will cease until the Local Planning Authority is satisfied the turbine can operate within the noise limits specified in Condition 16. The operator of the development shall be under no obligation to follow the procedure set out in this condition where the complaint relates to a residential property more than three kilometres from the wind turbine generator. Reason: In the interests of residential amenity and in accordance with Policy EN6 of the Allerdale Local Plan Adopted 1999 (Saved).
18. No development shall take place until a scheme of aviation obstruction lighting has been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved scheme. Reason: In the interests of air safety.
19. No development approved by this permission shall commence until a desktop study showing foundation design and ancillary services has been submitted to and approved by the Local Planning Authority. Should the desktop study identify any potential disturbance to the landfill burial of fallen livestock which may affect human health, controlled waters or the wider environment, all necessary site investigation works within the site boundary must be carried out to establish the degree and nature of the contamination and its potential to pollute the environment or cause harm to human health. The scope of works for the site investigations should be agreed with the Local Planning Authority prior to their commencement. Reason: To minimise any risk arising from any possible contamination from the development to the local environment in compliance with Policy EN9 of the Allerdale Local Plan (Saved).
20. The date of the first production of electricity shall be notified in writing to the Local Planning Authority within 28 days of the event occurring. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with Policies EN25 and EN10 of the Allerdale Local Plan, Adopted 1999 (Saved).
Notes to The access route through Watchtree Nature Reserve shall be kept Applicant: clear at all times.