Ribble Valley Borough Council s9

This report needs to be read in conjunction with the DATE INSPECTED: 28/10/15 Decision Notice.

Ribble Valley Borough Council

DELEGATED ITEM FILE REPORT – REFUSAL

Ref: Application No: 3/2014/1001 Development Proposed: Erection of a 50kW wind turbine with associated infrastructure CONSULTATIONS: Parish/Town Council/Neighbouring Authorities Slaidburn Parish Council – Perhaps an alternative source of energy could be considered e.g. solar panels on the roof of a building which would have much less visual impact. In addition granting permission for the turbine would set a precedent for future planning applications.

Pendle Borough Council – respond that a similar turbine approx 300m to the west was refused by PBC in February 2014 because it would unacceptably detract from the character, appearance and natural beauty of the Forest of Bowland AONB. They consider that the proposed turbine would result in similar unacceptable impacts upon the setting of Pendle Hill and the natural beauty of the Forest of Bowland AONB.

CONSULTATIONS: Highway/Water Authority/Other Bodies

Lancashire County Council AONB Officer - The proposed turbine height of 34.4m to blade tip would be unacceptable within this important and sensitive landscape of the AONB and would be likely to compromise the reasons for its designation as a protected landscape.

Historic England - No objections subject to confirmation from the County Archaeologist that the proposed turbine will not impact upon nationally important but undesignated archaeology.

Lancashire County Council Archaeologist - There are no significant archaeological implications.

Lancashire County Council Highways – No objections subject to the attachment of the following conditions:

 The submission of a construction traffic management plan; and

 The details of the route to be used for he proposed delivery of the turbine components through Lancashire and the Ribble Valley District.

NATS - No objections

Countryside Officer - No objections

Craven District Council - No objections

Electricity North West - No objections

Arqiva - No objections

MOD - No objections Lancashire Wildlife Trust - No objections

CONSULTATIONS: Additional Representations. Two neighbour objections have been received in relation to the proposed application. Both raise the following objections:

 The significant adverse impact on the visual amenity of the area,

 The adverse effect on the character and appearance of the landscape in the nationally designated Forest of Bowland AOND, and

 The adverse effect on local wildlife. RELEVANT POLICIES:

Ribble Valley Core Strategy (Adopted Version): Key Statement EN2 - Landscape Key Statement EN3 - Sustainable Development and Climate Change Key Statement EN4 - Biodiversity and Geodiversity Key Statement DS2 - Sustainable Development Policy DMG1 - General Considerations Policy DME2 - Landscape and Townscape Protection Policy DEM3 - Site and Species Protection and Conservation Policy DME5 – Renewable Energy Policy DMB5 - Footpaths and Bridleways

Other relevant policy considerations: National Planning Policy Framework Planning Practice Guidance Written Ministerial Statement ‘Local Planning’ June 2015 Forest of Bowland Renewable Energy Position Statement 2011 (Updated 2013)

COMMENTS/ENVIRONMENTAL/AONB/HUMAN RIGHTS ISSUES/RECOMMENDATION:

Proposal

This application seeks permission for the erection of a wind turbine at Higher Highfield Farm, Slaidburn. The proposed turbine would have a hub height of 24.8m; a rotor diameter of 19.2mm; a blade length of 9m; and a generating capacity up to 50 kilowatts (kW). The applicant intends to connect the turbine to the National Grid.

Site Location

The proposed turbine would be situated within a field currently used for silage production approximately 280m from the farmstead of Higher Highfield Farm. Access to the site is via an existing field gate which provides access from the main farmyard. The site is surrounded on all sides by fields also in use for silage production.

The farm itself is accessed from a farm track which runs in a north west direction from the junction of Tinklers Land and the B6478. The track is shared with the neighbouring property, Lower High Field. The site is located within the Forest of Bowland Area of Outstanding Natural Beauty in an area of open countryside. A public footpath crosses the field in which the turbine is to be located. It forms part of a wider local network of public footpaths that extend across the AONB.

Relevant Planning History None Relevant

Appraisal

Principle

Whilst the NPPF promotes the use of renewable resources, it also requires decisions to recognise the intrinsic character and beauty of the countryside and to conserve heritage assets (paragraph 17 – core planning principles). Adverse impacts are required to be addressed, including cumulative and visual impacts (paragraph 97) and applications should only be approved if the impacts are, or can be made, acceptable. In particular, paragraph 115 of the NPPF states:

‘ Great weight should be given to conserving landscape and scenic beauty in National Parks, the Broads and Areas of Outstanding Natural Beauty, which have the highest status of protection in relation to landscape and scenic beauty.'

Other material considerations of relevance are the 'Landscape Sensitivity to Wind Energy Development in Lancashire' (Lancashire County Council, February 2005) – the site lies within a landscape character area that has a moderate–high sensitivity to wind energy development as defined by this document. A further material consideration is the Government's 'Planning Practice Guidance'.

Paragraph 15 of the Planning Practice Guidance for Renewable and Low Carbon Energy states that in considering planning applications, it is important to be clear that:

 the need for renewable or low carbon energy does not automatically override environmental protections  cumulative impacts require particular attention, especially the increasing impact that wind turbines and large scale solar farms can have on landscape and local amenity as the number of turbines and solar arrays in an area increases  local topography is an important factor in assessing whether wind turbines and large scale solar farms could have a damaging effect on landscape and recognise that the impact can be as great in predominately flat landscapes as in hilly or mountainous areas  great care should be taken to ensure heritage assets are conserved in a manner appropriate to their significance, including the impact of proposals on views important to their setting  proposals in National Parks and Areas of Outstanding Natural Beauty, and in areas close to them where there could be an adverse impact on the protected area, will need careful consideration  protecting local amenity is an important consideration which should be given proper weight in planning decisions.

Paragraph 34 also states:

‘As the significance of a heritage asset derives not only from its physical presence, but also from its setting, careful consideration should be given to the impact of wind turbines on such assets. Depending on their scale, design and prominence a wind turbine within the setting of a heritage asset may cause substantial harm to the significance of the asset.’

On the 18th of June 2015, The Secretary of State for Communities and Local Government published a Written Ministerial Statement (WMS) entitled ‘Local Planning’. The WMS sets out new considerations to be applied to proposed wind energy development so that local people have the final say on wind farm applications. The WMS took immediate effect and resulted in consequential changes to the NPPG. Both are material considerations and are to be taken into account in planning decisions.

The WMS includes transitional arrangements for how existing planning applications for onshore wind farms (not yet been decided) should be determined, stating that: ‘Where a valid planning application for a wind energy development has already been submitted to a local planning authority and the development plan does not identify suitable sites, the following transitional provision applies. In such instances, local planning authorities can find the proposal acceptable if, following consultation, they are satisfied it has addressed the planning impacts identified by affected local communities and therefore has their backing’. The WMS and NPPG confirm that the assessment of whether a proposal has the backing of the local community is ‘a planning judgement for the local planning authority’.

The main issues in this case are:

1.The visual impact of the turbine in this particular location i.e. the setting of the Forest of Bowland AONB and 2.The impact on the amenity of the occupants of nearby residential properties.

Landscape and Visual Impact and AONB

The sensitivity of landscapes can be defined as the degree to which a particular landscape can accommodate change arising from development, without detrimental effects on its character. The Forest of Bowland AONB has been identified as having levels of High and Moderate High sensitivity to wind energy development (Landscape Sensitivity To Wind Energy Development, Lancashire County Council: 2005). This is affirmed by the AONB landscape character assessment (2009), which states that:

"This Landscape Character Type is considered to have moderate ecological sensitivity as a result of the presence of trees and pockets of ancient woodland which provide local habitat and wildlife corridors. Cultural and landscape character sensitivity is considered to be high as a result of the intact network of limestone drystone walls which contribute to a coherent pattern. Overall, the Rolling Upland Farmland Landscape Character Type is considered to have limited capacity to accommodate change without compromising key characteristics."

The Forest of Bowland AONB was designated in 1964 and much of the natural beauty is related to the wild and 'untouched' nature of the landscape. Attributes that contribute to its designation are:

 the grandeur and isolation of the upland core  the steep escarpments of the Moorland Hills  the undulating lowlands  the visual contrasts between each element of the overall landscape  the serenity and tranquillity of the area  the distinctive pattern of settlements  the wildlife and the landscape's historic and cultural associations

Having assessed the site and the wider landscapes sensitivity to wind energy development with reference to the Forest of Bowland AONB Landscape Character Assessment (2009) and the LVIA submitted with the application, it is considered that there is some capacity within the site to accommodate a single wind turbine within this area. However, it is considered that the scale and height of the proposed turbine is inappropriate for the landscape - certainly beyond the 'domestic' scale installation which has been successfully accommodated within the Borough to date. Such installations are generally micro scale and have a functional relationship with the farm holding with which they are associated.

Whilst the area is gently undulating, the turbine would be visible in long range views particularly from the Bowland Fells to the north and west of the site. These upland fells are key components of the AONB’s ‘natural beauty’ and form a backdrop to numerous views from surrounding roads and footpaths. As a result of the site’s elevated position, the proposed turbine would sit within the foreground of numerous views to the north and west. Furthermore, the site is located on the eastern fringe of the AONB’s highly sensitive central moorland core, an area which forms one of the country’s most important natural landscapes. Wide scale proliferation of wind energy development within or on the fringe of this area would compromise the purposes of the AONB’s designation.

One of the landscape management guidelines for the AONB requires decision makers to conserve the distinctive undulating landform by minimising vertical elements such as communication masts and wind turbines - this proposal would be in direct conflict with the management guidelines. The planning practice guidance states that great care should be taken to ensure heritage assets are conserved in a manner appropriate to their significance, including the impact of proposals on views important to their setting and proposals in Areas of Outstanding Natural Beauty, and in areas close to them where there could be an adverse impact on the protected area, will need careful consideration. Having carefully considered the impact of this proposal, it is considered that it would be of significant detriment to the landscape character and appearance of the area and would be highly prominent.

Policy DME5 of the Core Strategy states that the Council will also have regard to the AONB Renewable Energy Position Statement 2011 in assessing proposals. The statement advises that, whilst small and micro scale wind turbines may be appropriate in the AONB or in locations beyond the boundary where development would affect its setting and character, the acceptability of specific proposals in landscape terms should be demonstrated by developers through detailed investigation, analysis and careful siting, layout and design to ensure that they are done in a sensitive and appropriate manner. In terms of siting, the statement advises that wind turbines should have a strong functional relationship with existing development such as farm buildings where views of it would be constrained by the topography.

Whilst it is acknowledged that the site has some capacity to accommodate wind energy development, it is considered that the proposed turbine, by reason of its siting, scale, height and design, would result in significant harm to the setting of the Forest of Bowland AONB to the extent that the objectives of the designation of the Forest of Bowland AONB would be compromised. Residential Amenity

The proposed turbine would be located approximately 280m from the nearest residential property. Given the orientation of the property, I am satisfied that the turbine itself would not dominate views from inside the property and shadow flicker could be conditioned. In respect of noise, a noise report has been submitted but this is a standard report and does not include site specific noise measurements. Given the proximity of the nearby dwelling to the proposed turbine site and the nature of the area, background noise levels are likely to be low and it would be necessary for these levels to be established to demonstrate that a standard noise condition as recommended by ETSU-97 would be appropriate. In the absence of site specific measurements, it cannot be ascertained that the standard noise condition would be appropriate and noise emissions would be no greater than 5dB above background levels.

Paragraph 15 of the Planning Practice Guidance states that local amenity is an important consideration which should be given proper weight in planning decisions and the NPPF seeks a good standard of amenity for all existing and future occupants of land and buildings. It is therefore considered that the applicant has failed to demonstrate that the proposal would not have an unacceptable detrimental impact on the amenity of the occupants of nearby residential properties by virtue of potential noise disturbance, contrary to the NPPF and Policy DMG1 of the Ribble Valley Core Strategy.

Highways

The proposed development would require access during construction and occasionally for servicing. With conditions requiring details of the delivery routes be agreed and wheel washing facilities put in place during construction, the proposed development is acceptable in terms of highway safety.

Conclusion

The proposed turbine, by reason of its siting, height, scale and design will result in a prominent and visually intrusive feature in the rural landscape to the detriment of the visual amenities and character of the open countryside and the Forest of Bowland Area of Outstanding Natural Beauty. As such, the proposal is contrary to the National Planning Policy Framework and Practice Guidance, and Key Statements/Policies EN2, EN4, EN5, DMG1, DME2, DME3, DME4 and DME5 of the Ribble Valley Core Strategy.

RECOMMENDATION: That planning permission be refused for the following reasons:

1. The proposed turbine, by reason of its siting, height, scale and design will result in a prominent and visually intrusive feature in the rural landscape to the detriment of the visual amenities and character of the open countryside and the Forest of Bowland Area of Outstanding Natural Beauty, contrary to the National Planning Policy Framework and Practice Guidance, Key Statements/Policies EN2, EN4, EN5, DMG1, DME2, DME3, DME4 and DME5 of the Ribble Valley Core Strategy and the Forest of Bowland AONB Renewable Energy Position Statement.

2. Insufficient information has been submitted to assess the noise impacts of the proposed wind turbine on the amenity of neighbouring occupiers contrary to policies DMG1 and DME5 of the Ribble Valley Core Strategy and the National Planning Policy Framework.