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Land Near Stone Park Farm, Pingle Lane, Stone St15 8Qt Ms Marie Stacey Our Ref: APP/Y3425/A.14/2212769 Hallmark Power Your Ref: Barnett Smisby Road Ashby de la Zouch Leicestershire LE65 2UE 21 October 2015 Dear Madam, TOWN AND COUNTRY PLANNING ACT 1990 – SECTION 78 APPEAL BY MR ANDREW BARNETT THE INSTALLATION OF 2 NO. WTN 250KW WIND TURBINES WITH AN OVERALL TIP HEIGHT OF 45M INCLUDING ASSOCIATED TEMPORARY INFRASTRUCTURE ON LAND NEAR STONE PARK FARM, PINGLE LANE, STONE ST15 8QT. APPLICATION REF 13/19205/FUL 1. I am directed by the Secretary of State to say that consideration has been given to the report of the Inspector, David C Pinner BSc (Hons) DipTP, who made a site visit on 13 January 2015, to inform his consideration of your client’s appeal against the refusal by Stafford Borough (“the Council”) dated 19 August 2013 to grant planning permission for the installation of 2 no. WTN 250kW wind turbines with an overall tip height of 45m including associated temporary infrastructure on land near Stone Park Farm, Pingle Lane, Stone, ST15 8QT, application ref 13/19205/FUL. 2. On 13 March 2014 the appeal was recovered for the Secretary of State's determination, in pursuance of section 79 of, and paragraph 3 of Schedule 6 to, the Town and Country Planning Act 1990 on the grounds that it involves a renewable energy development. Inspector’s recommendation and summary of the decision 3. The Inspector, whose report is enclosed with this letter, recommended that the appeal be upheld and planning permission granted. For the reasons given below, the Secretary of State disagrees with the Inspector’s conclusions and recommendation, dismisses the appeal and refuses planning permission. All paragraph numbers, unless otherwise stated, refer to the Inspector’s report (IR). Procedural matter Department for Communities and Local Government Tel: 030344 42853 Philip Barber, Decision Officer Email: [email protected] Planning Casework 3rd Floor Fry Building 2 Marsham Street London SW1P 4DF 4. Following the close of the inquiry the Secretary of State wrote on 19 June 2015 to you, the Council and other interested parties inviting further information for the purposes of his consideration of the appeal. This matter was: the implications of the terms of the Written Ministerial Statement of the Secretary of State on local planning of 18 June for the proposed scheme. 5. The Secretary of State has taken all representations into account in his consideration of this appeal, but does not consider that they raise any new issues requiring circulation to assist his decision. He does not consider it necessary to summarise the representations here or attach them to this letter. Copies of the correspondence can be made available upon written request to the address at the foot of the first page of this letter. Policy and Statutory Considerations 6. In deciding the appeal, the Secretary of State has had regard to section 38(6) of the Planning and Compulsory Purchase Act 2004 which requires that proposals be determined in accordance with the development plan unless material considerations indicate otherwise. In this case, the development plan comprises the Plan for Stafford Borough 2011-2031. 7. The Secretary of State has had regard to his Written Ministerial Statement (WMS) of 18 June 2015. The statement explained that the Secretary of State was setting out new considerations to be applied to proposed wind energy development. Subject to a transitional provision, the statement explained that the new considerations had immediate effect. Given its relevance to this case, the Secretary of State attaches substantial weight to the statement as the most recent expression of government planning policy for onshore wind development. 8. The statement includes a transitional provision to apply where a valid planning application for wind energy development had already been submitted to a local planning authority at the date on which the statement was made and the development plan does not identify suitable sites. 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. In applying the transitional provision to this appeal proposal the Secretary of State has considered the representations reported in the Inspector’s Report and the correspondence referred to in paragraph 4 and 5 above. 9. Other material considerations which the Secretary of State has taken into account include the National Planning Policy Framework (“the Framework”) and the planning guidance published in March 2014; the National Policy Statements (NPS) for Energy (EN-1) and Renewable Energy (EN-3); the Community Infrastructure Levy (CIL) Regulations 2010 as amended and Planning Practice Guidance for Renewable and Low Carbon Energy (2013). The Secretary of State has also taken into account the Written Ministerial Statements on renewable energy published in June 2013 by the Secretaries of State for Energy and Climate Change and for Communities and Local Government, and the Written Ministerial Statement on renewable energy published by the Secretary of State 2 for Communities and Local Government in April 2014; and the Historic England guidance entitled “The Setting of Heritage Assets” as updated in July 2015. 10. In accordance with section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (LBCA), the Secretary of State has paid special regard to the desirability of preserving listed structures or their settings or any features of special architectural or historic interest which they may possess. The Secretary of State has also paid special attention to the desirability of preserving or enhancing the character or appearance of conservation areas, as required by section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990. Main Considerations 11. For the reasons given by the Inspector at IR50-54, the Secretary of State concludes that the main issues in this case are those set out by the Inspector at IR55, and the provisions of his Written Ministerial Statement of 18 June 2015. Landscape impact 12. The Secretary of State agrees with the Inspector, for the reasons given at IR56- 62, that the proposal would have only limited effects on landscape and townscape quality. He thus concludes, in agreement with the Inspector at IR62, that the proposal is compliant with, and supported by, Policies N3 and E2. Effect on the Moddershall Valley Conservation Area 13. Having considered the Inspector’s conclusions at IR63-69 the Secretary of State does not consider that the proposed turbines would have any effect on the character or appearance of the Moddershall Valley Conservation Area or its setting or on the setting of the listed mills. Effect on the living conditions of nearby residents 14. The Secretary of State agrees with the Inspector, for the reasons given at IR70- 73 that the visual impact of the proposed turbines would not harm the living conditions of nearby residents. 15. He further agrees, for the reasons set out at IR74-76, that, subject to the condition set out at IR77, and at paragraph 5 of Annex A to the IR, the noise impact of the turbines would not have an unacceptable impact on local residents. 16. For the reasons given by the Inspector at IR78-79, the Secretary of State concludes, in agreement with the Inspector, that there is no evidence that the proposed turbines would have impacts on the health of local residents. He thus agrees with the Inspector at IR79 that the concerns about health impacts raised by objectors should not weigh against the proposal. 17. The Secretary of State thus concludes that the proposed turbines would not have an effect on the living conditions of nearby residents, and thus would be supported by Policy N3. Other Matters 3 18. For the reasons given at IR81 the Secretary of State agrees that there is no evidence to suggest that the turbines would have any adverse impacts on nature conservation interests. He further agrees, for the reasons given at IR82, that the efficiency of wind turbines, the means by which they are financed and the income derived from them, are not material planning considerations. For the reasons given at IR84, the Secretary of State agrees that a Staffordshire County Council policy document relating to separation distances from residential properties, and a House of Lords Private Member’s Bill on separation distances, as referred to at IR84, are not material considerations in this appeal. Benefits 19. The Secretary of State agrees with the Inspector at IR83 and IR88 that the proposal would have public benefits in terms of electricity supply, contribution to meeting international commitments on low carbon or renewable energy production, security of supply and contribution to farm diversification. Planning Balance and Conclusion 20. The Secretary of State agrees with the Inspector at IR88 that the proposal has the benefit of contribution to farm diversification and in terms of its compliance with development policies in relation to renewable energy development and farm diversification. He concludes that the proposal would be in accordance with the development plan as a whole. He further concludes that the presumption in favour of sustainable development would apply to this proposal. The Secretary of State has then gone on to consider whether there are any other material considerations which would indicate that the appeal should nonetheless be refused. 21. Having applied the transitional provision set out in the June 2015 WMS, the Secretary of State is not satisfied that the planning impacts identified by affected local communities have been addressed. In their responses to his letter of 19 June, a number of members of the affected community repeated the concerns which they had previously expressed about the planning impacts of the scheme.
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