DEVELOPMENT CONTROL AND REGULATION COMMITTEE 17th November 2014 A Report by the Assistant Director – Environment and Regulatory Services ______

District Allerdale Borough Council

Application No 2/2014/0636

Applicant Green Switch Developments Ltd ______

PROPOSAL: Installation of Solar Park With an Output of Approximately 14.63MW

LOCATION: Land East of Wharrels Hill Wind Farm Adjacent A591, Bothel, Wigton (NY1838) 1. RECOMMENDATION

1.1 That an objection is raised on grounds of landscape and visual impact. It is considered that benefits in terms of renewable energy production are outweighed by the adverse landscape and visual impacts of the current proposal, in conflict with strategic planning policy.

2. THE PROPOSAL

2.1 This application seeks permission for the development of a solar farm with a capacity of 14.63MW, and associated infrastructure. The total site area is 29.7Ha.

2.2 The solar farm would comprise 58,500 solar modules arranged on an east-west alignment. The surface of each panel would be constructed from toughened glass, beneath which would lie a non-reflective layer, electrical connections, silicon and a backing layer, all of which would be set in an aluminium frame. The frames would be secured into position via piles driven into the ground, with a front height of approximately 800mm and back panel height of approximately 2333mm, which would result in a tilt angle of approximately 25 degrees. There would also be a separation of 3-4m between each row, to ensure that the panels would not be overshadowed. The site would be surrounded by a 2.4m high security fence.

2.3 The site would be connected to the local electricity distribution network. This is subject to a separate consenting procedure, and is therefore not under consideration as part of this application.

2.3 The site is in agricultural use. The applicant states that the solar array would provide an opportunity to create an area of species rich grassland which would have a higher net biodiversity value than the current site use. Grass would be allowed to grow on the site, and a wild flower seed mix would also be sown around the field margins. Livestock will be encouraged to graze within the site as a grassland maintenance measure for areas in between each row of panels.

2.2 The site lies approximately 250m to the south of Bothel at its closest point. It is bounded to the north by the A595, and to the east by the A591. The boundary of the Lake District National Park lies approximately 900m to the south, at its closest point. The Wharrels Hill wind farm lies immediately to the south west of the site.

3 REPRESENTATIONS

3.1 Local County Council members were consulted on this application. Councillor Duncan Fairbairn (Thursby) submitted comments, for inclusion in this report, to be noted by Allerdale Borough Council. These comments are included in full in Appendix 1. 4 STRATEGIC ISSUES

4.1 The application has been assessed in regard to strategic planning policy. The strategic policy base used to assess this application comprises the National Planning Policy Framework (NPPF), National Planning Policy Guidance (NPPG), and the Cumbria Sub-Regional Spatial Strategy (Sub-RSS). The Sub- Regional Spatial Strategy carries material weight as the spatial planning framework for Cumbria’s Community Strategy.

4.2 The NPPF includes a number of core planning principles of relevance to this proposal. These include the need to: secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings; support the transition to a low carbon future - encouraging the use of renewable resources; take into account the roles and character of different areas; and recognise the intrinsic beauty of the countryside and the importance of supporting thriving rural communities within it.

4.3 Paragraphs 97 and 98 of the NPPF give specific guidance on renewable energy. The NPPF states that local planning authorities should recognise the responsibility on all communities to contribute to energy generation from such sources. Authorities are encouraged to have a positive strategy to promote energy from renewable and low carbon sources; design their policies to maximise renewable and low carbon energy development while ensuring that adverse impacts are addressed satisfactorily, including cumulative landscape and visual impacts; and consider identifying suitable areas for renewable and low carbon energy sources where this would help secure the development of such sources. 4.4 The NPPF states that when determining planning applications, local planning authorities should not require applicants for energy development to demonstrate the overall need for renewable or low carbon energy, and approve the application if its impacts are (or can be made) acceptable.

4.5 Paragraph 109 outlines guidance in regard to conserving and enhancing the natural environment, which includes the need for the planning system to contribute to the protection and enhancement of valued landscapes.

4.6 National Planning Policy Guidance (NPPG) has been published in regard to the development of renewable energy. The guidance states that ‘The National Planning Policy Framework explains that all communities have a responsibility to help increase the use and supply of green energy, but this does not mean that the need for renewable energy automatically overrides environmental protections and the planning concerns of local communities’.

4.7 The guidance states that landscape character areas could form the basis for considering the location and scale of renewable energy developments, with local level assessments highlighted as an appropriate scale for assessing the likely landscape and visual impacts of individual proposals

4.8 The guidance goes on to state, specifically in regard to large scale solar farms, that such developments can have a negative impact on the rural environment, particularly in undulating landscapes. However, the visual impact of a well- planned and well-screened solar farm can be properly addressed within the landscape if planned sensitively.

4.8 Section 5 of the Cumbria Sub-RSS outlines guidance on the delivery of the Strategy. Paragraph 5.2 states that:

The key to delivering a sustainable Cumbria is to ensure that through detailed consideration of the impacts, the benefits of development clearly outweigh the disbenefits and any potential negative effects are mitigated or have little or no impact. Developments will be reviewed in the context of their contribution to climate change.

4.9 Paragraph 5.3 outlines a set of development principles, which include: the need to avoid the loss of or damage to distinctive natural and cultural conservation features, (including landscapes and visually important public and private open space); secure high standards in design and construction, (including siting, scale, use of materials and landscaping which respect and where possible enhance the distinctive character of the townscape and landscape); ensure development is within infrastructure, community and service constraints; and minimise levels of light pollution and noise.

Landscape & Visual Effects

4.10 The site lies within Landscape Character Type 12b ‘Rolling Fringe’ as defined by the Cumbria Landscape Character Guidance & Toolkit (CLCGT). The CLCGT notes that ‘In the north it forms the fringe of the northern Lake District fells. It mainly comprises large scale, rolling or undulating topography at altitudes of 150-300m AOD… Land cover consists of large, often rectangular fields of improved pasture, divided by stone walls, fences or occasional hedges… Tree cover is generally sparse apart from extensive, but isolated coniferous plantations in the north and occasional woodland clumps in lower areas and on knolls’. The CLCGT goes on to note that ‘the landscape has a pastoral feel with some tranquillity and a sense of peacefulness…’ and that ‘Open interrupted views across moorland to a backdrop of hills are sensitive to large prominent infrastructure or other development’. The CLCGT Vision for the area seeks (inter alia) to soften the hard edges of conifer plantations to reflect the topography, and strengthen field boundaries while retaining the open and unfenced character of the landscape. The CLCGT notes that ‘These transitional landscapes are traditionally fragile in nature and new development may further exaggerate this trend eroding distinctive characteristics.’

4.11 As noted in section 2 above, the site lies in close proximity to the Lake District National Park. The area covered by 12b is inherently linked to the Park. The CLCGT recognises this linkage, noting that type 12b continues into the Park, and is classified as Type I ‘Upland Limestone Farmland’ in the Lake District National Park Character Assessment. (LDNPCA). Type I thus extends beyond the Park boundary, covering the area classified as 12b in the CLCGT. This includes the proposed site area. Type I is subdivided into ‘Areas of Distinctive Character’. Area of Distinctive Character 1 ‘Blindcrake’ covers the site in question.

4.12 The LDNPCA highlights ‘Gently rolling upland pastoral farmland, of a high open nature, divided by a network of low hedgerows and well maintained limestone walls which follow the rising and falling topography… The predominant characteristic of this area is its high, open nature, with patchworks of muted and harmonious pasture fields… the nature of the underlying topography creates a varied sense of enclosure and influences the nature and extent of views to adjacent areas of distinctive character’. Identified ‘landscape sensitivities’ include the ‘small scale settlement pattern, which is vulnerable to potential expansions at the edges of villages’, and ‘dramatic open views southwards towards imposing high fells’.

4.11 The site in question is currently predominantly pasture. The applicants also highlight arable use. It is situated on the lower slopes of Wharrels Hill, rising from the east, from approximately 180 to 210m AOD. The summit of the hill is dominated by the Wharrels Hill wind farm, comprising eight turbines, 76m to blade tip. The site features the characteristic strong hedgerow and drystone wall boundaries alluded to by the CLCGT. Field shape is oblong and geometric, characteristic of late enclosure. From elevated viewpoints to the east of the site, the local landscape is seen in the context of wide panoramic views, towards distant fells. Large blocks of coniferous plantation contribute to a large scale character. The landscape appears very tranquil and rural in nature. From lower levels however, the rising landform of the site contributes to a sense of enclosure.

4.12 In terms of landscape character, it is key to note that the applicants intend to retain a level of agricultural use of the site. Therefore functionally, the character of the site would not be significantly altered. In perceptual terms, the solar farm may also relate to the larger scale features of the landscape, including plantation blocks. However, given the characteristics and sensitivities described above, the proposal gives rise to significant concerns in regard to effects upon landscape character. In particular, conflict is raised through the introduction of a large scale urban feature into a very rural landscape. The ‘patchwork of muted and harmonious pasture fields’ highlighted in the LDNPCA guidance would be fragmented through the introduction of the solar farm. The sensitivity of the landscape is increased through its close linkage with the Lake District National Park. The solar park would occupy sloping ground, increasing its prominence in longer distance views, and its dominance in close proximity to the site. Concern is raised in regard to the effect upon the setting of Bothel, which is a relatively small scale rural settlement, particularly cumulatively with the adjacent wind farm.

4.13 In terms of visual effects, local topography would serve to screen the site from many viewpoints to the north, south and west. The most significant effects would be experienced by travellers on the adjacent A roads, and users of the bridleway, from Bothel to Borrowscale, to the east of the site. A number of properties on the outskirts of Bothel may experience oblique views of the site at close range, although all residents of the village are likely to be affected to a degree, through travelling to and from their homes on the local road network. The cumulative visual effect upon receptors, alongside the adjacent wind farm is relevant to note.

4.14 Whilst the site is located within a kilometre of the boundary of the Lake District National Park, local topography screens direct views of the site in close proximity. The site is theoretically visible from Caer Mote, a low fell which lies on the boundary of the National Park, although there is no public access to this land. (It is relevant to note that two ancient monuments lie on this fell however – ‘The Battery’ and Caermote Roman Fort – the setting of which would be affected by the solar farm). The closest viewpoint within the National Park which would be affected is the summit of Binsey, approximately 5km to the south east of the site. Binsey can be regarded as a particularly sensitive viewpoint, given its recreational value (it is a popular low ‘Wainwright’ fell), and its prominence in the local landscape. The LDNPCA highlights the ‘Distinctive topographical unit (rounded fell) of Binsey with a heather covered top to the east, rising to a height of 447m, affording significant 360 degree views’ as a Distinctive Characteristic of Area of Distinctive Character 2 ‘Bassenthwaite and Uldale’, and gives guidance to conserve these key open views.

4.15 The applicants have prepared a photomontage of the proposed development, from the summit of Binsey. This illustrates that the solar farm would be partly obscured by the high ground at Caer Mote, however approximately two thirds would be visible. Given the panoramic nature of the views from the summit of the fell, and the relative distance to the site, in terms of form, the solar farm would not appear dissimilar from other large scale land uses, in particular conifer blocks. However, it is relevant to note in this respect that the CLCGT seeks to soften the hard edges of conifer plantations to reflect topography. From this more distant perspective, the layout of the solar farm appears irregular, and poorly related to field pattern.

4.16 The submission of a photomontage featuring a longer focal length than that used by the applicant would be helpful in establishing the visual impact from Binsey. Whilst the submitted montages are useful in establishing how the site will sit within the wider landscape context, the panorama presented is far wider than would be seen in a human field of vision. It is relevant to note that Scottish Natural Heritage has recently revised its guidance on the preparation of photomontages for wind farms, and now recommends the preparation of montages using a 75mm focal length, as a realistic indicator of visual impact.

4.16 Concerns have been raised by the local member for Thursby in regard to potential glint and glare from the proposed solar farm. The applicants refer to glint and glare in their Environmental Statement, noting that in relative terms, the reflection from a solar farm is typically significantly less than that which would emanate from other common surfaces such as snow, bare metal, vegetation and bare soil, with the effect from a solar farm similar to water. However, given the sensitivity of the area potentially affected (most notably Binsey, but also, potentially, the more distant high fells of the Lake District National Park further to the south), it is considered that further information to substantiate this view should be submitted, in the form of a ‘glint and glare assessment’.

Energy Contribution

4.16 National policy strongly encourages the use of renewable energy sources to help offset greenhouse gas emissions and the increasing reliance on imported energy supplies. They form part of a mix of energy resources being supported by Government. The Climate Change Act requires a 26% cut in carbon emissions by 2020, rising to 80% by 2050 (based on 1990 levels). The Renewable Energy Strategy, 2009 seeks to deliver European-set targets that will increase renewable energy generation to cover 15% of the UK’s energy needs. To achieve the 10 fold increase, substantial additional renewable electricity production will be required.

4.17 Strategic planning policies support the development of renewable energy projects. As noted above, the National Planning Policy Framework encourages local authorities to support low carbon energy proposals that do not cause unacceptable harm to the local environment, and the Sub-Regional Spatial Strategy states that developments will be reviewed in relation to their contribution towards climate change.

4.18 The proposed scheme would have a generating capacity of approximately 14.63MW. In assessing this scheme, this contribution towards energy supply needs to be considered alongside the local impacts of the development, in accord with strategic planning guidance.

Highways

4.19 Cumbria Highways’ response to Allerdale BC is included in the Appendix 2. The Highways Officer has indicated that there is no objection to the development in principle, but has stated that further information is required from the applicant, and that a list of suggested conditions are applied to any subsequent consent.

Historic Environment

4.20 The Historic Environment Officer’s response to Allerdale BC is included in Appendix 3. The Historic Environment Officer recommends that the applicant supplies further information on the ground works of the proposed development prior to the determination of the application so that there is a clearer understanding of its below-ground impacts.

Flood Risk

4.21 The proposed development lies within Flood Zone 1 and therefore is not considered to be at risk from flooding, with a less than 1 in 1,000 (<0.1%) annual probability of river flooding. The applicant carried out a Flood Risk assessment of the site, which confirms that flood risk will not be an issue.

5. CONCLUSION

5.1 Strategic policy promotes renewable energy and looks to local planning authorities to support proposals for renewable energy developments which do not have unacceptable impacts. Climate change is recognised as a fundamental issue in planning guidance, and significant weight must be given to the contribution this development would make towards the production of renewable energy. 5.2 Strategic policy also seeks to ensure that the landscape and visual effects of a development are acceptable, and highlights the importance of local landscape guidance in this respect. In this case, application of the guidance within the Cumbria Landscape Character Guidance and Toolkit and Lake District National Park Character Assessment highlights fundamental concerns in regard to the effects of the development upon local landscape character and visual amenity.

5.3 On balance therefore, it is considered that the proposal raises conflict with national and strategic policy.

Angela Jones Assistant Director – Planning and Regulatory Services

Contact

Richard Pearse Principal Planning Officer: Landscape & Countryside [email protected] 01539713427

Background Papers

Planning Application File Reference 02/2014/0636

Electoral Division Identification

Local Member: Cllr Alan Bowness, Bothel & Wharrels

Adjoining Members: Cllr Alan Clark, Dearham & Broughton Cllr Alan Kennon, Cockermouth South Cllr Andrew Lysser, Keswick Cllr Duncan Fairbairn, Thursby Cllr Eric Nicholson, Cockermouth North Cllr Jim Lister, Aspatria Cllr Tim Knowles, Cleator Moor East & Frizington Appendix 1: Comments Submitted by Cllr Duncan Fairbairn, Thursby

As a former LDNPA member and a current member of the Solway AONB, I am aware that the views into and out of these arrears are both as important as each other. Thus, I could not accept why the wind turbines were accepted by the Planning Inspector there in the first place. As for this prospective solar energy farm in the same neighbourhood, I would be very much against such a venture.

If the solar “windows” were tilted south, the reflection onto the various hills of the Lake District would be intolerable. Tilted north, which is unlikely, the same will be the case for the AONB. Lying flat, there would be a glint in many directions. When I was a member of the LDNPA planning committee, there was a planning application for a car park on Lord Rochdale’s land, close to Hawes End, Derwentwater. It would have solved a parking problem that still exists today. However, it was the prospect of glint from the cars on the car park, which would have been seen from many the hill tops around, that went against this proposal. That is why I would be against such a proposal, in such a prominent area. Appendix 2 – Cumbria Highways’ Response to Allerdale BC

There are no Highways/traffic issues with the principle of this development, indeed this was confirmed some months ago in response to a Scoping enquiry. It is therefore of some concern that points raised at that time have no supporting information, of particular concern is the fact the Application Form states no parking is to be provided. My understanding was details were to be submitted that indicated the proposed location of the Temporary Construction Compound which need to include turning and parking sufficient to cater for the needs of the construction programme - this information has not been supplied.

Additionally the access track leads off the A591/C2035, Sunderland road junction, this is an unmetalled field access which floods just off the junction, measures must be taken to not only improve this access so it is suitable for construction traffic, but measures also need to be taken to ensure vehicles leaving the site don't track mud/other detritus out onto the Highway Network. Whilst this is not a formally recorded Public footpath, it leads to the commencement point NGR 317758E 537594N of Public Footpath 213007 which has not been fully shown on the drawings; thus the access track is actually used as a permissive right of way by walkers and must not be obstructed during the construction works or thereafter. Indeed our preference would be for this track to be the subject of a Creation Order to formalise it's use.

There is a proposal to install a hedge along the western side of this PF where it passes through the Solar Arrays, if this new and the existing hedge are allowed to grow to 3m high they will have a major landscape impact as they will obscure any distant views off the Footpath, thus our preference is they are maintained between 3' & 6'. The corridor will also need to be sufficient to allow hedge cutting equipment to access, thus whilst the defined Footpath is only 2m, the corridor will need to be at least 4m to allow such access. The Stiles where the PROW passes to/from the site need to be upgraded to Kissing Gates.

Bothel Beck runs through the site, it appears a sufficiently wide corridor has been left for any maintenance requirements; likewise care will have to be exercised in the 'infill planting of trees in existing hedgerows in the hedges bordering the beck so these don't hinder future maintenance. It is understood the solar panels will have no appreciable difference to surface water 'run-off' rates/flow regimes.

No indication is provided of the actual point(s) of connection to the electricity supply network - it's presumed this is to be the buildings at the western extremity of the site adjacent to the A595, where the Proposed PV Layout Drawing Rev.E shows two buildings. The existing field access off the A595 will require to be properly surfaced to cater for both the construction and maintenance traffic. The A595 is administered by Connect Roads.

It's recognised that these are matters that can be dealt with by Conditions requiring the submission of a detailed Construction Management Plan (Chapter 6 of the Transport Statement is wholly inadequate in this regard) for approval at least 1month prior to the commencement of siteworks.

In terms of Signage during the construction operations, this section of the A591 is a particularly fast section of road and advance temporary direction signage and at the actual Sunderland junction will need to be provided so site deliveries make proper turning manoeuvres.

These Conditions should be applied to any Consent you may issue:

No development shall take place until a Construction Traffic Management Plan has been submitted to and approved by the Local Planning Authority and shall provide details of:

1. Temporary direction signage to the site from the A595/A591 and A591/C2035 junctions; 2. Measures for the safety of other users of the site access track and Public Footpath 213007 where this traverses the site;

3. Detail of all temporary lay down and parking areas, including the provision of adequate turning facilities so vehicles can enter and leave the site in a forward direction of travel;

4. Measures to be taken to prevent the carriage of mud and debris onto the A591 & A595 public highways;

5. Indication of parking and turning areas to remain and be retained suitable for use by maintenance vehicles, for as long as the Solar Park remains operational.

This Condition applies to the existing field access off the A595, which is understood to be used to service the REC's substation:

The whole of the vehicular access area bounded by the carriageway edge, up to a point 10m into the substation compound, and the highway boundary shall be constructed and drained to the specification of the Local Highways Authority.

Reason: In the interests of road safety and sufficiency of access

To support Local Transport Plan Policies: LD5, LD7 & LD8.

Note: This applies to the field access upgrade, off the A595 to serve the substation. No works can be undertaken within the Highway (including verge area) until the developer has obtained a Highways Act 1980, Section 184 Streetworks licence Appendix 3 – Historic Environment Officer’s Response to Allerdale BC

The Environmental Impact Assessment indicates that the site lies in an area of some archaeological potential. Aerial photos show earthworks of a Romano-British farmstead and agricultural remains surviving nearby and the course of a Roman road passes close to the north boundary of the site. Furthermore, the archaeological walkover survey identified a cairn on the site, which conceivably could date from prehistory. It is therefore considered that there is the potential for archaeological remains to be disturbed by the construction of the proposed development.

The information supplied with the application is not sufficiently detailed to establish the extent of the ground disturbance from the construction of the proposed development. So, it is not possible to determine the impact that the development may have on any buried archaeological remains that survive on the site. I therefore recommend that the applicant supplies information on the ground works of the proposed development prior to the determination of the application so that there is a clearer understanding of its below-ground impact. A judgement can then be made as to the implementation of the appropriate archaeological response to investigate and record remains threatened by the development. This information should comprise the extent and location of all intended construction work that will disturb the ground, such as the underground cabling, access roads, landscaping, construction compounds etc. A clear statement should also be provided as to whether the cairn identified by the walkover survey of the site will be impacted upon by the proposed development.