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17-04-03 IR Scout Moor Wind Farm Rochdale.Pdf Report to the Secretary of State for Communities and Local Government by John Woolcock BNatRes(Hons) MURP DipLaw MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Date: 3 April 2017 Town and Country Planning Act 1990 Section 77 Applications by Scout Moor Wind Farm Expansion Limited Rossendale Borough Council and Rochdale Metropolitan Borough Council Inquiry opened on 11 October 2016 Scout Moor Wind Farm, Rochdale, Lancashire File Refs: APP/B2355/V/15/3139740 and APP/P4225/V/15/3139737 Report APP/B2355/V/15/3139740 and APP/P4225/V/15/3139737 Application A: APP/B2355/V/15/3139740 (RBC application) Application B: APP/P4225/V/15/3139737 (RMBC application) Scout Moor Wind Farm, Rochdale, Lancashire • The applications were called in for decision by the Secretary of State by a direction, made under Section 77 of the Town and Country Planning Act 1990 (hereinafter the 1990 Act), on 30 November 2015. • The applications are made by Scout Moor Wind Farm Expansion Limited (hereinafter the applicant) to Rossendale Borough Council (RBC) and Rochdale Metropolitan Borough Council (RMBC). In this report these are cited as the ‘RBC application’ and the ‘RMBC application’. • Both the RBC application (Ref.2015/0112) and RMBC application (Ref.15/00395/FUL) are dated 19 March 2015. • The description of the proposal for both applications is “construction and operation of 16 wind turbines with a maximum height to the tip of the blade of 115 metres (above ground level) for a temporary period of 25 years together with : . the installation of associated ancillary infrastructure (new and upgraded vehicular access tracks, crane pads, underground electrical cabling, sub-station and compound, drainage infrastructure and temporary construction compound); . the installation of an anemometer mast of maximum height of 60 metres for a temporary period of 25 years; . the retention of those elements of ancillary infrastructure associated with the existing Scout Moor Wind Farm which it is necessary to retain on site post-2034 to enable the operation and maintenance of the proposed 16 wind turbines for a period of 25 years from the date of their first exportation of electricity to the national electricity grid network; . the implementation of a scheme of moorland restoration and management (MRMP) including the erection of fencing (without compliance with condition 10 of the consents granted for the existing Scout Moor Wind Farm (reference GBDC/003/00005c-02)) pursuant to the provisions of Section 36 of the Electricity Act 1989 and Section 90(2) of the Town and Country Planning Act 1990; . the erection of stock proof fencing, gates and stock holding pen in association with the creation of a permissive bridleway; . the formation of paths for pedestrians and horse-riders to link existing and proposed wind farm access tracks to existing Public Rights of Way (PRoW).” • The Secretary of State has considered his policy on calling in planning applications in deciding whether to call in these applications. • On the information available at the time of making the direction, the following were the matters on which the Secretary of State particularly wished to be informed for the purpose of his consideration of the applications: i) the extent to which the proposed development is consistent with Government policies on protecting the Green Belt, meeting the challenge of climate change and conserving and enhancing the natural environment (NPPF Sections 9, 10 and 11); ii) the extent to which the proposed development is consistent with the Written Ministerial Statement on local planning made by the Secretary of State for Communities and Local Government on 18 June 2015; iii) the extent to which the proposed development is consistent with the Department’s amended online guidance on renewable and low carbon energy; iv) the extent to which the proposed development is consistent with the development plans for the area; v) any other matters the Inspector considers relevant. Page 1 Report APP/B2355/V/15/3139740 and APP/P4225/V/15/3139737 Summary of Recommendations: 1. The applications be determined on the basis of the amended scheme and with separate descriptions for each application. 2. Application A: APP/B2355/V/15/3139740 The RBC application (Ref.2015/0112) be refused. 3. Application B: APP/P4225/V/15/3139737 The RMBC application (Ref.15/00395/FUL) be granted planning permission subject to conditions. Page 2 Report APP/B2355/V/15/3139740 and APP/P4225/V/15/3139737 CONTENTS PAGE Procedural and background matters 6 Planning policy, guidance and Written Ministerial Statement 9 The site and surroundings 11 The proposed development 12 The case for the applicant 15 The case for RBC and RMBC 30 The case for interested persons supporting the scheme 41 The case for interested persons opposing the scheme 42 Written representations 62 Conditions and obligations 79 Conclusions 81 Preliminary matters 81 Main considerations 83 (1) Green Belt 84 (2) Character and appearance 84 (3) Local amenity and living conditions 92 (4) Biodiversity 96 (5) Heritage assets 100 (6) Other considerations 103 (7) Renewable energy and climate change 107 (8) Planning balance 108 (9) Development Plan 110 (10) National Framework and Guidance 111 (11) Written Ministerial Statement 112 (12) Conditions and obligations 115 (13) Overall conclusions 117 Recommendations 119 ANNEX A Application plans 120 ANNEX B Rulings at Inquiry by Inspector 121 ANNEX C Note on description of development 122 ANNEX D Inspector’s note on MRMP and Implementation Strategy 125 ANNEX E Schedules of conditions Annex E1 129 Annex E2 150 Annex E3 163 Annex E4 177 PROOFS OF EVIDENCE and WRITTEN REPRESENTATIONS 190 APPEARANCES 192 DOCUMENTS SUBMITTED AT INQUIRY (ID) 194 CORE DOCUMENTS (CD) 197 Page 3 Report APP/B2355/V/15/3139740 and APP/P4225/V/15/3139737 ABBREVIATIONS AONB Area of Outstanding Natural Beauty AM Amplitude modulation of aerodynamic noise BHS British Horse Society CD Inquiry Core Document EAM Excessive Amplitude Modulation EIA Environmental Impact Assessment EN-1 Overarching National Policy Statement for Energy EN-3 National Policy Statement for Renewable Energy Infrastructure ES Environmental Statement ETSU The Assessment and Rating of Noise from Wind Farms, ETSU-R-97, Energy Technology Support Unit ET1-ET26 existing wind turbines 1 to 26 SMWF1 FEI.1 Further Environmental Information dated June 2015 FEI.2 Further Environmental Information dated June 2016 Framework National Planning Policy Framework GHG Greenhouse gases GLVIA3 Guidelines for Landscape and Visual Impact Assessment, Third Edition, Landscape Institute Guidance National Planning Practice Guidance HE Historic England HEF Habitat Enhancement Fund for SMWF1 ID Inquiry Document – document submitted at Inquiry IoA GPG A Good Practice Guide to the Application of ETSU-R-97 for the Assessment and Rating of Wind Turbine Noise, Institute of Acoustics, 20 May 2013 JMA2010 Landscape Capacity Study for Wind Energy Developments in the South Pennines by Julie Martin Associates 2010 JMA2014 South Pennines Wind Energy Landscape Study by Julie Martin Associates and Land Use Consultants (LUC) 2014 LB&CA Act Planning (Listed Buildings and Conservation Areas) Act 1990 LCA Landscape Character Area LCT Landscape Character Type LUC Land Use Consultants LVIA Landscape and visual impact assessment MoD Ministry of Defence MRMP Moorland Restoration and Management Plan MRMP Implementation Strategy Moorland Restoration and Management Plan Implementation Strategy dated 7 September 2016 MTL Mary Towneley Loop part of the Pennine Bridleway NATS National Air Traffic Services NCA36 Southern Pennines National Landscape Character Area NE Natural England NPS National Policy Statement NPSE Noise Policy Statement for England P&BFCA Prickshaw and Broadly Fold Conservation Area PIM Pre-Inquiry Meeting PIN Pre-Inquiry Note PRoW Public Rights of Way PT1-PT16 Proposed turbines 1 to 16 SMWF2 Page 4 Report APP/B2355/V/15/3139740 and APP/P4225/V/15/3139737 RBBA Rochdale Bury Bridleways Association RBC Rossendale Borough Council RE Renewable energy RMBC Rochdale Metropolitan Borough Council RochdaleCS Rochdale Core Strategy adopted on 19 October 2016 RossendaleCS Rossendale Local Plan Part 1: Core Strategy Development Plan Document: The Way Forward (2011-2026) adopted in 2011 SMWF1 Existing Scout Moor Wind Farm comprising ET1-ET26 SMWF2 The proposed development of PT1-PT16 SoCG Statement of Common Ground between RBC/RMBC and the applicant SPA South Pennine Moors Special Protection Area UDP Rochdale Unitary Development Plan adopted in 2006 VP View Point WMS Written Ministerial Statement made on 18June 2015 ZTV Zone of Theoretical Visibility Page 5 Report APP/B2355/V/15/3139740 and APP/P4225/V/15/3139737 Procedural and background matters 1. A Pre-Inquiry Meeting (PIM) was held on 31 March 2016 to deal with procedural matters.1 On 14, 15 and 16 September 2016, I undertook an unaccompanied site visit to the locality, and subsequently issued a Pre-Inquiry Note (PIN).2 The Inquiry opened on 11 October 2016 and sat for 8 days. Accompanied site visits took place on 14 and 27 October 2016. I also visited the site and locality unaccompanied on 26 October 2016 and again on the afternoon of 27 October 2016. 2. The applications were accompanied by an Environmental Statement, dated March 2015, (ES) in accordance with the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 2011 (hereinafter the EIA Regulations).3 The scheme proposed the addition of 16
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