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P/2013/0373 LOCATION: PROMISED LAND FARM, ROBINS LANE, KINGS MOSS ST HELENS PROPOSAL: Erection of 2No

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P/2013/0373 LOCATION: PROMISED LAND FARM, ROBINS LANE, KINGS MOSS ST HELENS PROPOSAL: Erection of 2No Planning Committee 03/09/2013 APPLICATION NO: P/2013/0373 LOCATION: PROMISED LAND FARM, ROBINS LANE, KINGS MOSS ST HELENS PROPOSAL: Erection of 2no. wind turbines 35m to hub height, 61m max to blade tip height, micrositing and associated infrastructures, including access tracks, areas of hard standing, control buildings and underground cabling. WARD: Rainford PARISH: Rainford CASE OFFICER: John Waddelow AGENT(S) / APPLICANT(S): MR KARL SPRATT PROMISED LAND FARM KINGS MOSS DEVELOPMENT PLAN ALLOCATION: Green Belt National Policy National Planning Policy Framework Planning practice guidance for renewable and low carbon energy St Helens Local Plan Core Strategy 2012 CAS5 – Rural St Helens CP1 – Ensuring Quality Development in St Helens CE1 – A Strong and Sustainable Economy CQL2 – Trees and Woodlands CQL3 –Biodiversity and Geological Conservation CQL4 – Heritage and Landscape St Helens UDP 1998 – saved policies S1 – Green Belt GB1 – General Criteria for Development Control in the Green Belt GB2 – General Criteria for Development Control in the Green Belt ENV13 – New Tree Planting on Development Sites ENV17 – Farm Diversification BACKGROUND PAPERS: See sections 3, 4 and 5 below REPRESENTATIONS: 51 letters of objection 38 letters of support RECOMMENDATION: That the decision be delegated to the Development Control Manager to grant planning permission subject to conditions following the removal of the objection from NATS THE APPLICATION WAS DEFERRED AT THE LAST MEETING OF THE PLANNING COMMITTEE IN ORDER TO ENABLE MEMBERS TO CARRY OUT A SITE VISIT 1.0 Application Site 1.1 The site is located in the vicinity of Kings Moss, approximately 1.65 km west of the settlement of Longshaw, 1.5km south- west of Crawford and 3km north east of Rainford. The site is within an agricultural holding known as Promised Land Farm. The holding sits within an area of gently sloping topography, which continues into a steep incline at Billinge Hill. The incline at Billinge Hill P/2013/0373 Planning Committee 03/09/2013 is abrupt with the farm buildings sitting on a ridge part way up the overall slope. 2.0 The Application 2.1 It is proposed to erect two wind turbines, 35m to hub height, 61 m max to blade tip height and associated infrastructure, including access tracks, areas of hard standing, control buildings and underground cabling. The turbines are proposed to be located in a field at the base of the slope before it rises to Billinge Hill. 2.2 The development would consist of the two turbine installations with bases of 13mx13m each. Each turbine would have a transformer building of 3mx 2.5mx 3m.There would be a temporary crane pad 20mx 30m. 2.3 A temporary access track would be constructed within the site, constructed of granular material and/or to a specification required by National Grid in the vicinity of a high pressure gas main within the site. The temporary access track is proposed to be removed once the turbines have been constructed. 2.4 Access to the site for the delivery of turbine elements would be from the M6 junction 26, via the A577 to Moor Road ,St James Road, Crank Road to the site. 2.5 It is proposed that the turbines would have a life span of 25 years. 2.6 Primarily, energy would be exported to the National Grid, although some would be used by the holding which will be connected through an existing overhead line. It is estimated that the power would meet the needs of the holding and provide equivalent energy to met the needs of 614 homes. The electricity generation would be of the order of 2,500,000 kwh/ per year. The C02 reduction would be 1,040 tonnes per year. 3.0. Policy Context 3.1 The application has been considered having regard to Article 1 of the First Protocol of the Human Rights Act 1998, which sets out a persons rights to the peaceful enjoyment of property and Article 8 of the Convention of the same Act which sets out his/her rights in respect for private and family life and for the home. Officers consider that the proposed development would not be contrary to the provisions of the above Articles in respect of the human rights of surrounding residents/occupiers. 3.2 This application has been considered in relation to Section 17 of The Crime and Disorder Act. The Police Crime Prevention Officer has been afforded the opportunity to comment on this scheme, but no comments have been received. 3.3 The application has been considered in accordance with the St Helens Council’s Comprehensive Equality Policy, which seeks to prevent unlawful discrimination, promote equality of opportunity and good relations between people in a diverse community. In this case the proposed development is not anticipated to have any potential impact from an equality perspective. P/2013/0373 Planning Committee 03/09/2013 3.4 The following policies are relevant in the determination of this application: National Planning Policy Framework (NPPF) (March 2012) 3.5 The NPPF sets out the Government’s planning policies for England and how these are expected to be applied. Planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The NPPF does not change the statutory status of the development plan as the starting point for decision-making, but is a material consideration in determining applications. 3.6 At the heart of the NPPF is a presumption in favour of sustainable development. When determining planning applications this means; (i) approving development proposals that accord with the development plan without delay; and (ii) where the development plan is absent, silent or relevant policies are out of date; granting planning permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the NPPF or specific policies in the NPPF indicate that development should be restricted. 3.7 In addition, a Ministerial Statement was made by the Secretary of State on the 6 th June 2013, in relation to on shore wind developments. The letter indicates that such proposals present a challenge for local councils in reaching decisions, which turn on whether a wind farms impact is acceptable in planning terms when the local community is quite clear that it is not. The Secretary of State makes it clear that it is important to get the balance right in reaching decisions, which turn on whether a wind farm’s impact is acceptable in line with the NPPF and as expected by the NPPF, any adverse impact from a wind farm development is addressed satisfactorily. 3.8 Also ,the letter gives guidance on how to set the planning balance in line with the NPPF. The Secretary of State’s letter is a material consideration most specifically in setting the planning balance. 3.9 Department of Energy and Climate Change National Policy Statements are also material to the determination of the application particularly EN1, which is the overarching guidance and EN3 in relation to renewable energy. Specifically, NPPF states that when assessing applications for wind energy, the approach set out in the ‘National Planning Policy Statement for Renewable Energy Infrastructure’ (NPPSRE) should be taken. This document advises that such projects need to be designed carefully having due regard to landscape character. Whilst taking account of siting, operational and other factors the aim should be to minimise harm to the landscape, providing reasonable mitigation where possible and appropriate, including landscape strengthening off site. The document requires applicants to undertake landscape and visual impact assessment in accordance with the recognised guidance. Planning practice guidance for renewable and low carbon energy (July 2013) 3.10 This guidance was published following the ministerial statement referred to above. It provides advice on the planning issues associated with the development of renewable energy and should be read alongside the NPPF. In P/2013/0373 Planning Committee 03/09/2013 general, renewable energy developments should be acceptable for their proposed location. In particular, whilst it is the responsibility of communities to help to increase the use and supply of green energy, this does not override environmental protections and the planning concerns of local communities. 3.11 In assessing whether an area is suitable, the technical considerations relating to the particular technology are also important. For wind turbines this includes the predicted wind resource, considerations relating to air safeguarding, electromagnetic interference and access for large vehicles. 3.12 The guidance sets out the planning considerations in relation to different forms of renewable energy including wind turbines. It sets out technical standards and methodologies by which material considerations such as noise, shadow flicker, safety in relation to buildings, power lines, air traffic, defence, radar and the strategic road network should be considered, indicating that although there may be significant impact, that mitigation is also possible in relation to the issues stated. 3.13 In relation to ecology, the guidance states that there is evidence to suggest that there is a risk of collision between moving turbines blades and birds and/or bats, displacement of birds and bats and changes in air pressure that can be fatal to bats. There is a low risk of these incidents, but in close proximity to important habitats, the greater the risk to be assessed. 3.14 The guidance also sets out how to assess cumulative landscape and visual impacts and the information required. It also states that Local Planning Authorities should consider using planning conditions to ensure that redundant turbines are removed when they are no longer in use. 3.15 St Helens Local Plan Core Strategy (2012) CAS5 – Rural St Helens CP1 – Ensuring Quality Development in St Helens CE1 – A Strong and Sustainable Economy CQL2 – Trees and Woodlands CQL3 –Biodiversity and Geological Conservation CQL4 – Heritage and Landscape 3.16 St Helens Unitary Development Plan (1998)-saved policies.
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