STATEMENT OF COMMUNITY INVOLVEMENT

PROPOSED THREE WIND TURBINES ON

LAND ADJACENT TO WIND FARM

March 2016

Our Ref: 37105 Statement of Community Involvement

Contents

1.0 Introduction and Outline of Statement ...... 3

2.0 Site and Project Description ...... 5

3.0 Legislation and Planning Policy Context ...... 7

4.0 Community Involvement Strategy ...... 14

5.0 Appraisal and Consideration of Community Involvement ...... 20

6.0 Community Benefit Fund ...... 26

7.0 Conclusions ...... 29

Appendices

Appendix A: Newsletter and Questionnaire

Appendix B: Invitations to Local Council Members and Parish Councils

Appendix C: Public Exhibition Photographs

Appendix D: Public Exhibition Material

Appendix E: Questionnaire Responses

Appendix F: Post Pre-Consultation Event Engagement

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1.0 Introduction and Outline of Statement

Introduction

1.1 Our consultants are members of the Royal Town Planning Institute (RTPI) and the Institute of Environmental Management and Assessment (IEMA). This Statement of Community Involvement (SCI) has been prepared by AAH Planning Consultants on behalf of FAB Energy Solutions Ltd to accompany an application under the Town and Country Planning Act 1990, made to Borough Council, as the Local Planning Authority (LPA), for permission to erect three wind turbines with a blade tip height up-to a maximum of 100 metres (m), and associated ancillary infrastructure, on land adjacent to the existing Hameldon Hill Wind Farm, which is situated to the south of Burnley town.

1.2 Hameldon Hill Wind Farm (“the Development”) is the subject of an Environmental Impact Assessment (EIA) under the Town and Country Planning (Environmental Impact Assessment) () Regulations 2011. This SCI compliments the EIA but does not unnecessarily duplicate or repeat information presented in those documents.

1.3 Consent is sought for the construction of the wind farm (with twelve months required) and operation for a period of 25 years from the first time electricity is exported from the Development. Twelve months would also be required for the decommissioning of the Development, which would involve the removal of the turbines and all above ground components.

1.4 This SCI sets out the legislation and national and local planning policy and guidance in relation to community consultation. The SCI details the steps taken to engage the local community in order to allow for meaningful consultation and illustrates how the approach taken is in conformity with legislation, policy and guidance. The overall engagement strategy has been to inform the local community on the proposals, followed by consultation that seeks to ensure the opinions of the community are heard and fed back into the design of the scheme. ‘Community Engagement for Onshore Wind Developments: Best Practice Guidance for England’ prepared by Regen SW for the Department of Energy and Climate Change (October, 2014) has been consulted to guide the community consultation strategy and process.

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1.5 It should be noted that the proposed development is operationally independent from the existing wind farm with the developer FAB Energy Solutions not involved in the existing turbines. Nevertheless the proposed development would still be perceived as an extension to the wind farm despite there being no functional or financial link between the two.

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2.0 Site and Project Description

Site Description

2.1 The proposed turbines adjacent to the existing Hameldon Hill Wind Farm would lie approximately 1km south-west of the outskirts of Burnley and 2km south of the M65 Motorway, within Hapton County Parish, . The land available for development extends east and south from New Barn Farm and is shown in the map below:

Image 2.1: Landownership Boundaries

2.2 The development site consists of an existing wind farm of three turbines (constructed in 2007) and three further turbines (constructed in 2013, under planning permission APP/2009/0756). The existing turbines comprise of three Repower MD70 (1.5MW models) and three Senvion MM82 (2.05 MW models).

2.3 A full and detailed description of the site is made in Chapter 3: Description of the Site of the accompanying Environmental Statement (ES).

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Project Description

2.4 The development proposal is to extend the existing Hameldon Hill Wind Farm and construct and operate an additional three turbines with an installed capacity up-to a maximum of 7.05MW. This would comprise of the following:

 Three additional wind turbines positioned to the east and south east of the existing wind turbines. Each turbine would have a maximum height of 100m to the tip;  The construction of associated infrastructure to include wind turbine foundations, crane pads, new and upgraded access tracks, underground cabling to connect the expanded proposed turbines to the National Grid, new substation/control buildings, drainage infrastructure and temporary construction compound(s); and  Landscaping works including habitat management, improvement and restorative works.

2.5 The operational life of the development will be 25 years. In addition, 12 months would be required for construction and, following the 25-year operational period, 12 months would be required for decommissioning. Decommissioning would involve the removal of the turbines and all above ground components of the development.

2.6 The connection of the wind farm to the national electricity grid is classed as permitted development in accordance with Part 15, Class B – electricity undertakings of The Town and Country Planning (General Permitted Development) (England) Order 2015.

2.7 The turbine models and layout of the development is described in detail in Chapter 4: Description of the Proposed Development of the accompanying ES.

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3.0 Legislation and Planning Policy Context

3.1 This section of the SCI sets out the relevant legislation, national and local planning policies and guidance in relation to the process of community involvement for onshore wind energy development.

3.2 The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2013 specifies within article 3A the requirement for all onshore wind development, of more than two turbines or where the hub height of any turbine exceeds 15 metres to carry out Pre-Application Consultation (PAC) under Section 61W of the Town and Country Planning Act 1990.

3.3 Where consultation is required in accordance with article 3A, as in this case, as stated in article 3B a relevant application for planning permission must be accompanied by particulars of:

a) how the applicant complied with Section 61W(1) of the 1990 Act;

b) any responses to the consultation that were received by the applicant; and

c) the account taken of those responses.

3.4 The pre-application consultation requirements are set out in Section 61W and 61X of the TCPA (as amended by the Localism Act in 2013) as outlined below:

61W Requirement to carry out pre-application consultation

(1) Where – (a) A person proposes to make an application for planning permission for the development of any land in England, and (b) The proposed development is of a description specified in a development order, (2) The person must publicise the proposed application in such manner as the person reasonably considers is likely to bring the proposed application to the attention of a majority of the persons who live at, or otherwise occupy, premises in the vicinity of the land. (3) The person must consult each specified person about the proposed application.

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(4) Publicity under subsection (2) must— (a) set out how the person (“P”) may be contacted by persons wishing to comment on, or collaborate with P on the design of, the proposed development, and (b) give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time. (5) In subsection (3) ‘specified person’ means a person specified in, or of a description specified in, a development order. (6) Subsection (1) does not apply- (a) If the proposed application is an application under section 293A, or (b) In cases specified in a development order. (7) A person subject to the duty imposed by subsection (1) must, in complying with that subsection, have regard to the advice (if any) given by the local planning authority about local good practice.

61X Duty to take account of responses to consultation

(1) Subsection (2) applies where a person— (a) has been required by section 61W(1) to carry out consultation on a proposed application for planning permission, and (b) proposes to go ahead with making an application for planning permission (whether or not in the same terms as the proposed application). (2) The person must, when deciding whether the application that the person is actually to make should be in the same terms as the proposed application, have regard to any responses to the consultation that the person has received.

3.5 It is the purpose of this community consultation statement to demonstrate the particulars of the application as required by Article 3B.

National Planning Policy Framework 2012

3.6 The National Planning Policy Framework (NPPF) was published on 27th March 2012. Paragraphs 2, 11, 12, 13 and 196 emphasise that planning law requires that applications for planning permission must be determined in accordance with the Development Plan unless material considerations indicate otherwise.

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3.7 The NPPF states in Paragraphs 186 and 187 that local planning authorities should approach decision-taking in a positive way to foster the delivery of sustainable development. Paragraph 188 of the NPPF states that as part of the decision-taking approach, early public engagement activities should be adopted: ‘Early engagement has significant potential to improve the efficiency and effectiveness of the planning application system for all parties. Good quality, pre-application discussion enables better coordination between public and private resources and improved outcomes for the community’.

Planning Practice Guidance (PPG) 2014

3.8 On 6th March 2014 the government published the Planning Practice Guidance website. The Planning Practice Guidance (PPG) provides clarity on how national policy is to be interpreted and applied locally and underlines the support for sustainable development required by the NPPF. Particularly pertinent to pre-application consultation is Paragraph 028 of the Renewable and low carbon energy section of the PPG which states that:

“There is no one size fits all approach to pre-application consultation and, providing it meets the legislative requirements, decisions on the nature and extent of consultation will need to be made on a case by case basis and in light of the relevant circumstances. Pre-application consultation should be proportionate to the scale and nature of a proposed development, the local context and the people that might be materially affected by the planning impacts of the development."

Best Practice Guidance

3.9 ‘Community Engagement for Onshore Wind Developments: Best Practice Guidance for England’ prepared by Regen SW for the Department of Energy and Climate Change (October, 2014) has been consulted to guide the pre-application consultation process. This guidance sets out the typical development process and gives an indication of the extent of community engagement expected for planned developments with an installed capacity of 5 to 50 MW.

3.10 For consistency with best practice guidance the term ‘community’ is used throughout this document as a way of identifying people living locally to the onshore wind development.

3.11 The guidance states that “for communities, engagement means a chance to understand what is being proposed for the onshore wind development, to explore how a development

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can bring value to an area, to identify which options would work best within a local context, to help shape solutions and to have their say on a scheme...for developers, engaging with the local community can provide vital local knowledge, reduce the risk of challenges and delays, identify how a scheme can bring value to a local area and enhance reputations of all involved.”

3.12 Figure 2 of the guidance shown below, illustrates the ‘engagement journey’ that describes the aims of each stage of the engagement process.

Image 3.1: The ‘Engagement Journey’

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3.13 The guiding vision for community engagement is defined by the guidance as “Community engagement should have a clear purpose and be of value to all involved in the process.”

3.14 The guidance further advises that: “Engagement processes for onshore wind developments should aim to deliver the following outcomes:

 explain and make the case for their project to the Local Planning Authority and local communities,  ascertain from the Local Planning Authority if an Environmental Impact Assessment (EIA) is required and, if so, to receive guidance from them and other consultees, on the scope of the Environmental Statement (ES),  involve local people in developing the proposal, and obtain information from them which may be used to help to make the development more locally appropriate,  establish a long term relationship with local communities.

For all parties, engagement processes should include the ability to discuss if and how community benefits may be delivered. Where possible, these discussions should be separated from those related to the planning process.”

3.15 The guidance identifies the following Principles considered to be integral to best practice for all parties involved in the development of wind energy projects:

 Timely; All parties should have access to a clear timetable for the wind development process which identifies engagement opportunities.  Transparent; All parties should be clear about the interests and people they are representing. All information should be provided in a clear, accessible and appropriate form to communicate what people want and need to know and enable them to decide whether to engage in the process.  Constructive; All parties involved in community engagement should do so in a positive manner and aim to create and strengthen relationships based on mutual trust.  Inclusive; All parties should seek to understand the full range of local opinion about the proposed onshore wind development and assist in identifying and engaging people in the wider community.

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 Fair and evidence-based; All parties should acknowledge and respect the rights of all stakeholders to express their views. Robust factual information and evidence should be sought as the foundation of engagement and a positive way to address differences of opinion  Unconditional; It should be made clear throughout the process that engagement by any party, at any stage, does not imply support for the development, or that approval by the local planning authority is more likely to be achieved.

3.16 The applicant has sought not only to adhere to the legislative and policy requirements, but also to ensure that these principles underpin the approach taken throughout the pre- application consultation process. Furthermore, page 16 of the Best Practice Guidance summarises ‘What is best practice for Developers?’ and this has been considered in forming the consultation strategy as outlined below:

 Publishing at an early stage the scope of the consultation;  Communicating clearly progress and any changes in plans and timescales, giving reasons for changes as necessary.  Preparing a community engagement plan outlining methods of involvement which are relevant to the communities concerned.  Participating openly in the process of establishing and verifying information about the proposed development.  Addressing barriers to participation to ensure people are able to access information about the development and contribute where they wish to. Ensure that feedback is made available on the results of engagement and how it is being used within the development of the project.  Consulting on locally relevant benefits likely to arise from the project, taking care to distinguish between those which are material to planning decisions and those, such as specific community benefits, which are not.

3.17 In addition, the Community Benefits from Onshore Wind Developments: Best Practice Guidance for England Prepared by Regen SW for the Department of Energy and Climate Change (October, 2014) has also been consulted in preparing the application.

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Local Planning Policy and Guidance

3.18 The current saved Burnley Local Plan was adopted in 2006. It forms the Development Plan for the borough for non-minerals and waste matters and is used when determining relevant planning applications. Local policy and supplementary guidance has been consulted and there are no requirements indicated with respect to public consultation. Further to this, through pre-application with the local council, the need for pre-application consultation was stated; however, no advice was given with regard to local good practice. National Policy and best practice guidance as outlined previously, has therefore formed the guiding principles to the consultation strategy undertaken.

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4.0 Community Involvement Strategy

4.1 This section describes the approach taken in order to undertake community involvement during the preparation of the planning application.

4.2 Details of the pre-application discussions that have taken place with Burnley Borough Council and other statutory consultees are set out in Chapter 5 of the accompanying Environmental Statement.

4.3 In line with best practice guidance identified previously, the applicant sought to undertake pre-application consultation in accordance with the requirements under The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2013. AAH Planning Consultants was commissioned by FAB Energy Solutions Ltd to undertake the community consultation phase of the submitted proposal. This report provides an overview of the consultation strategy undertaken in line with legislation and planning policy, and that consultation with both the local community and relevant consultees has been undertaken extensively.

4.4 The applicant recognises the importance of progressive and continuous community involvement to ensure that residents and community stakeholders have the opportunity to make a genuine contribution to a proposed development. Therefore, in developing the community involvement strategy for this proposed development, the applicant, also, refers to the relevant national and local planning policy and guidance, set out in Section 3 of this statement; which guides the applied approach.

Consultation Methods

4.5 In order to ensure compliance with section 61W (1) of the 1990 Act a variety of consultation methods have been used ascertain the views of the community. The varied approach adopted in order to publicise the proposals are considered to have been such to bring the proposed application to the attention of a majority of the persons who live at, or otherwise occupy, premises in the vicinity of the land.

4.6 A desktop study identified the zones of consultation, including a consultation checklist with local stakeholders identified, indicative desktop mapping of census population data and indicative desktop mapping of postcode data. The following engagement and consultation

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methods were then identified to form comprehensive strategy that would inform and include the local community:

 Mail-shot: Newsletter and Questionnaire;

 Newspaper Advertisement;

 Communication to local Councillors and Parish Councils;

 Project Website; and

 Public Exhibition open-day;

4.7 Each stage is described and reviewed below, with the responses received and how they were considered addressed in Section 6.0.

Mail-Shot

4.8 In order to ensure that a focussed consultation was undertaken which reached the neighbours most affected a combined two-sided A4 newsletter and questionnaire (included as Appendix A) was prepared and distributed to all residents within a 3km radius of the application site. This included a total of 7,483 records with the newsletter and questionnaire being delivered on Thursday 19th November 2015. This ensured that those most affected by the proposed development would be personally written to and informed of the proposals and invited to respond.

4.9 The newsletter informed of the proposal, the project website where further information was available, and included an invitation to attend the public exhibition on Friday 4th December 2015, which would outline the proposal and allow members of the public to speak to the project team with regards to any queries. Overleaf of the newsletter included a questionnaire, which could be returned via post or could be completed online on the project website. A total of 4 questionnaires were returned by post.

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Newspaper Advertisement

4.10 An advertisement was placed in the Burnley Express from Tuesday 17th November to Tuesday 1st December 2015, which was published every Tuesday and Friday. The advertisement is illustrated below:

Image 4.1: Advertisement in the Burnley Express

Communication to Local Councillors and Parish Councils

4.11 Local Ward Councillors were contacted via email or letter on 17th November 2015. The email introduced the applicant and the proposals; including, the offer of community benefit. A copy of the newsletter and questionnaire was also sent and councillors were invited to provide any feedback on the scheme and also suggestions as to how we could work with the local community to obtain any feedback on both the scheme and the community benefit fund.

4.12 Hapton Parish Council was also contacted on 17th November 2015 via email with the same information provided as above. In addition, in order to ensure that the wider community was informed and consulted, on 20th November 2015, Parish Council and Habergham Eaves Parish Council were also emailed with regards to the proposal.

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4.13 Invitations were extended to local council members, and Hapton, Dunnockshaw and Habergham Eaves Parish Councils to attend the drop-in open-day on 4th December at the Vanguard Community Centre (included as Appendix B).

Project Website

4.14 A project website www.hameldonhillwindfarm.com was launched on Friday 6th November 2015, and the homepage is illustrated by Image 4.2.

Image 4.2: Project Website Homepage

4.15 The website is divided into the following sections:

 The Proposals: key features of the development are identified;  Visual Impact: shown through photomontages of the proposed turbines;  Ecological Impact: constraints map showing the ecological designations;  Noise and Shadow Flicker Impact: description of the guidelines that the proposals must adhere to and the likely impacts;  Access: map and description of the proposed access route for delivery and maintenance;  Have your Say: online version of the questionnaire;

 Latest News: updates on the project are displayed to keep the public informed as the application progresses;

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4.16 The website introduces the proposals and options, and informs of the main issues considered in the design process. The website also provides the opportunity for the public to complete the questionnaire and make any comments and ask any questions. A total of 2 questionnaires were received via the website.

4.17 The website will be continued to be updated throughout the application process in order to keep the public informed.

Public Exhibition: Open-Day – Vanguard Community Centre

4.18 A public exhibition open-day was held on Friday 4th December 2015 from 9am to 9pm at the Vanguard Community Centre, Burnley. The exhibition material was displayed on tables (see Image 4.3, also see Appendix C for photos of the event) and provided information regarding: the company; the site and its context; the community benefit associated to the proposal; an explanation of how wind turbines work; the planning application and development process; and an explanation of the EIA process. Appendix D includes the information provided at the exhibition.

Image 4.3: Exhibition Display

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4.19 The event was advertised via a plethora of methods including; on-line via the project website; newsletter notice at the Vanguard Community Centre; advert in the Burnley Express from Tuesday 17th November to Tuesday 1st December 2015; advertised on the newsletter that was sent to all properties (7,483 records) within a 3km radius; and either via email or letter to all ward councillors for Hapton with park, Hapton Parish Council, Dunnockshaw Parish Council and Habergham Eaves Parish Council.

4.20 The multiple methods of advertisement have ensured that every effort has been made to reach all members of the local community.

4.21 The open-day exhibition included the opportunity for members of the public to discuss the proposals with the project team and ask any questions they may have. Information leaflets and questionnaires (included as Appendix A) were provided to attendees to complete and leave at the exhibition or to return to the applicant when convenient via post or online at the project website. Through discussions with the project team, attendees raised concerns over the reliance on fossil fuels, nuclear and fracking. A total of three people attended the open-day, with two questionnaires being completed and returned on the day.

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5.0 Appraisal and Consideration of Community Involvement

5.1 This section will appraise and consider the consultation process and how this has been used to guide the design of the proposed development.

5.2 Although there have been limited responses, as the previous paragraphs of this statement has detailed, the Applicant’s consultation strategy has been comprehensive in scope and adheres to the requirements of national and local planning policy and guidance. The approach taken has ensured that every effort has been made to contact and inform all members of the local community, with opportunities for responses provided via a number of different approaches.

5.3 The following sections summarise the responses received by the local community and addresses how these have been considered as part of the design phase of the proposed development.

Questionnaire Responses

5.4 A combined total 8 questionnaires have been returned (see Appendix E) with:

 2 from the open-day;  4 via post; and  2 online via the project website.

5.5 The questionnaire was designed to gain an overview of respondents’ opinions of the Proposed Development and wider issues. The responses are summarised below:

 In terms of their stance on renewable energy, all of the respondents were positive with 75% strongly supporting and 25% supporting;  With regards to their awareness of government renewable energy targets, 37.5% stated they were ‘Very aware’, 37.5% were ‘Aware’, and 25% were only ‘Slightly aware’;  Of those respondents that were either ‘Very aware’ or ‘Aware’, 67% stated that they believed the government are not achieving these targets. The other 33% stated that they thought the government are achieving renewable energy targets.

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 All of the respondents are in favour of wind power with 62.5% strongly supporting, and 37.5% supporting;

 When asked their position on the existing turbines at Hameldon Wind Farm, the majority of respondents were positive with 62.5% ‘Strongly supportive’ and 25% ‘Supportive’. 12.5% stated that they were ‘Strongly against’ the turbines at the existing Hameldon Wind Farm.

 The following graph illustrates respondents thoughts as to how different attributes of the existing Hameldon Wind Farm turbines affected them:

Overall impact on local people Overall impact on local environment Overall economic impact Impact on global warming Very negative Impact on house prices Negative Impact on health Neutral Impact on ecology Positive Impact on birds Very Positive Noise creatred by turbines Visual Appearance of turbines

0 5 10

Graph 5.1: ‘Question 9’ effects of the existing Hameldon Wind Farm turbines

5.6 As can be seen, one respondents concerns (‘negative’ or ‘very negative response’) are with regards to the existing Hameldon Wind Farm are the overall impact on local people, overall economic impact, impact on house prices, impact on birds, visual appearance of the turbines, and the overall impact on the local environment. Respondents considered that in terms of the impacts on; global warming, health, ecology and noise created by the existing turbines that there was either a ‘neutral’, ‘positive ‘or ‘very positive’ affect.

5.7 Respondents were also asked if there were any other attributes, with one stating that “the larger windfarm on the Long Causeway has become a tourist attraction; if possible I’d like to

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see this encouraged more with the current project.” Another respondent raised the question that “I don't know of any benefit that local people enjoy from these installations?”

5.8 With regards to the prospect of an extension to Hameldon Wind Farm, 87.5% of respondents were in favour, with 62.5% stating that they ‘strongly supported’ the idea, and 25% stating that they were ‘reasonably supportive’. 12.5% of respondents stated that they were ‘strongly opposed’ to an extension to the Hameldon Wind Farm. Respondents were also asked how many additional wind turbines they considered could accommodated on the site, with options ranging from 0 through to 5. Of the 8 respondents, 50% stated that the site could accommodate 5 additional turbines, 12.5% stated an additional 3 turbines could be accommodated, 12.5% simply stated ‘more’ turbines and 12.5% responded that 0 turbines could be accommodated. A further 12.5% responded that they were ‘not sure’.

5.9 Respondents were asked for any further comments they had on the proposals with one stating that the upper limit of 5 proposed turbines would be the maximum the windfarm could accommodate. The respondent stated that the reasoning for this was that “this view is because there are also many privately owned wind turbines in the area - 2 more are currently under planning consideration - and although they and the ones already in situ are smaller than the proposed ones, the landscape can only take so many as the environment is of mixed usage. Farming, homes, industry, wildlife etc.” Comments also raised questions with regards as to “how does this positively affect (financially and facility) the people in the area?”

5.10 All of the respondents have asked to be kept informed on the progress of the project and any application going forward, either via email or post. Contact details for all the respondents have been taken and the applicant is committed to the application being an open and inclusive process throughout. The project website will be kept up-to-date with any news on the application and respondents will be informed via their preferred method provided.

Consideration of Responses

5.11 The responses from the pre-application consultation process have been considered as part of the design process of the proposed wind turbines adjacent to the existing wind farm. The responses received clearly indicate that there is support for renewable energy schemes

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including wind power and the extension of Hameldon Wind Farm through three additional wind turbines adjacent to the existing wind farm. Table 7.1 summarises the response and how the issues and concerns raised through the consultation process have been considered within the design process.

Question/Concern/Issue When Response

I don't know of any benefit Questionnaire The applicants have proposed a that local people enjoy from (via post) community benefit fund which would these installations?” take the form of an annual payment by the developer based upon the “How does this positively installed megawatt (MW) capacity of affect (financially and the extended wind farm. Local facility) the people in the Councillors and Parish Council have area?” been contacted for their input with

regards to this.

Visual Appearance of the Questionnaire These considerations have been key to turbines (via post) any design changes and options which have been considered. The proposed turbine scale and positions have been placed in order to reduce visual impact to residents.

Impact on house prices Questionnaire Although not a planning (via post) consideration, the turbines have been located sensitively, taking into to account the landscape and viability of locations. Given the existing wind farm and that the turbines have been located away from residential properties; the scheme has ensured that there is unlikely to be any impact.

Impact on birds Questionnaire The assessment as part of the

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(post) accompanying ES has ensured that the scheme is designed such, that there would be no significant impact on birds.

Will the turbines be replaced Public Exhibition The participant was informed that the in the future? scheme would be for a 25 year period, and when decommissioned, the land would be returned to its original state. It was also made clear that it would be possible that another scheme could come forward after the 25 year period; however, a further planning application would be required at that stage and given the substantial timeframes it is impossible to say whether such a scenario would occur.

Encourage the wind farm as Questionnaire The community benefit fund could a tourist attraction (post) provide options for the improvement of the walking route to encourage this. Discussions with the local council to explore any possibilities; however, ultimately it is the intention that the fund is used where the community wants whether this be improving recreational/tourist routes or elsewhere.

Table 5.1: Consideration of Questions, Concerns and Issues

5.12 Consultation responses from Statutory Consultees have been documented in the relevant section of the ES. Further design iterations to the Proposed Development are detailed within Chapter 5 of the ES.

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5.13 It is clear from the responses as summarised in the ‘Questionnaire Responses’ section previously, that the general perception from the public is that there is scope for the proposed wind turbines. The responses indicate that from the options proposed, 5 turbines would be the maximum that the location can accommodate; however, following further reviews and detailed constraints analysis 3 turbines are sought rather than 5. The rationale for this is outlined in Chapter 5 of the ES.

Post Pre-Consultation Event Engagement

5.14 Following the consultation event held on Friday 4th December 2015, and the consideration of responses received, all respondents have been replied to via their preferred contact method (22nd January 2016). The response has informed of the intention to apply for three wind turbines and included details of the project website which is to be continually updated throughout the application process. A copy of this response is included within Appendix F. Further to this, all Local Ward Councillors and Parish Councils were again contacted (22nd January 2016) informing of the intention to apply for three wind turbines, a summary of the consultation responses, and a request for suggestions regarding how to work with the local community to obtain any further feedback on both the scheme and the community benefit fund.

5.15 A response was received from a Local Ward Councillor (included as part of Appendix F) which raised concerns regarding shadow flicker and also sought clarification on the consultation event. The project team responded (included within Appendix F) advising that shadow flicker would be assessed as part of the application process, and clarified the advertising, attendance and choice of venue for the drop-in consultation event. A further response with respect to community benefit was received from Habergham Eaves Parish Council, and is discussed within Section 6.

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6.0 Community Benefit Fund

6.1 Currently the only situation in which financial arrangements are considered material to planning is under the Localism Act, as amended (2011) which allows a local planning authority to take into account financial benefits where there is a direct connection between the intended use of the funds and the development. The Planning Practice Guidance states that “Local planning authorities may wish to establish policies which give positive weight to renewable and low carbon energy initiatives which have clear evidence of local community involvement and leadership.” At present the LPA does not have a specific planning policy in relation to community benefits from wind turbines. There is also a strict principle in the English planning system that a planning proposal should be determined based on material planning considerations, as defined in law. Planning legislation prevents local planning authorities from specifically seeking developer contributions where they are not considered necessary to make the development acceptable in planning terms. Within this context, community benefits are generally not seen as relevant to deciding whether a development is granted planning permission.

6.2 Nevertheless, the applicant is committed to offering community benefits beyond the existing agreements with the properties at New Barn and Lower Micklehurst Farm which are financially involved. The applicants propose a community benefit fund which would take the form of an annual payment by the developer based upon the installed megawatt (MW) capacity of the extended wind farm.

6.3 The fund would take the form of an annual sum paid per MW installed – in this case £5000. An annual sum would be paid into a fund over the lifetime of the project, with the community determining what the money in the fund can be used for. Annual payments would be index-linked. There would be a clause in the agreement with the wind developer that if the project ceases generating electricity for a given period for any reason, payments will temporarily cease. If planning consent is granted the details of the community benefit package would be formalised through negotiations between the developer and the local community directly by way of a legal contract between the developer and the community body that has been chosen to be responsible for managing the fund. The agreement would be linked to the development and maintain payment of the community benefits even if the

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wind development changes ownership. The agreement would typically cover the following elements in accordance with the Centre for Sustainable Energy et al (2007, updated 2009), for the Renewables Advisory Board Delivering Community Benefits from Wind Energy Developments: A Toolkit:

 Parties to the agreement;

 The payments that will be made and what, if anything, this depends on;

 Any inflationary increases the payment will be subject to;

 If the payment is related to electricity production rather than installed capacity, how this will be confirmed, by whom and on what timetable each year;

 When the payments will begin and cease;

 How payment will be triggered and what happens if there are any problems;

 What the fund may and may not be used for and who has liability/responsibility for its management once the money has been paid by the developer;

 Clarity on any other liabilities;

 Whether or not the agreement is exclusively between the signatories;

 How disputes should be dealt with;

 What obligations the community has to the wind farm owner in relation to the funds, such as reporting and auditing;

 Mechanisms for binding future owners to the same terms;

 Intended action if the recipient body ceases to operate;

 How the agreement terminates.

6.4 Typically community benefit funds are administered through an open grant scheme which is likely to be the preferential route here. In such a scenario, individual projects in the community would apply for funding and the applications undergo an objective assessment

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by a panel, usually composed of local community representatives, who make the funding decisions. At £5000 per MW this could lead to between £30-34,000 per year depending on the installed turbine which would have the potential to make a significant contribution to the local community schemes.

6.5 As part of the consultation, Habergham Eaves Parish Council have contacted to inform of their intentions to “administer the community benefit fund of £5,000 to use on parish projects, such as the lengthsman scheme, which is solely for the benefit of the community.” A response informing that once the application has been submitted and nears determination contact will be made to discuss the community benefit fund, any projects, and the procedure with regards to its administration. Copies of these emails are included as part of Appendix F.

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7.0 Conclusions

7.1 This SCI has identified the relevant planning policy and guidance, at both national and local levels, in relation to community consultation. Furthermore, the applicant has detailed the approach that has been taken to inform, advise and consult with the local community. The applicant’s consultation strategy has been comprehensive in scope and adheres to the requirements of national and local planning policy and guidance. The approach taken has ensured that every effort has been made to contact and inform all members of the local community, with opportunities for responses provided via a number of different approaches.

7.2 It is clear from the responses that the general perception from the public is that there is scope for the principle of additional wind turbines adjacent to the existing wind farm. The responses indicate that from the options proposed, 5 turbines would be the maximum that the location can accommodate. Furthermore, taking into account response rates from direct mail activity and the general attitudes expressed by respondents, the results do not indicate that there is a significant level of local opposition to the proposed wind turbine. The concerns that have been raised through the responses and discussions at the public exhibition event have been discussed and included within the design of the scheme.

7.3 The consultation responses from Statutory Consultees and further design iterations to the Proposed Development have been documented in the relevant section of the ES this has seen the number of turbines sought fixed at 3.

7.4 A community benefit fund in the form of an annual sum paid per MW installed – in this case £5000, with the community determining what the money in the fund can be used for, is proposed as part of the proposed development for the lifetime of the scheme. Local councillors, the Parish Council and the local council will be consulted further with regards to the exact requirements and workings of the fund.

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