Borough Council Planning Application 2/2014/0584

Proposed Installation of a small scale wind turbine with a hub height of 18.45 Development: and 25m to tip to generate electricity for onsite use. Location: The Ling Welton Carlisle Applicant: Mr Brian Donald

Drawing Nos: CF20 - Proposed turbines PL01 - Site location plan PL02 - Block plan Email confirming hub and tip height received 7 January 2015 Email received 18 December 2014 regarding noise assessment Email confirming distance from boundary received 17 April 2015 Recommendation: Approved

Summary/Key Issues

Issue Conclusion

Principle of Paragraph 93 of the NPPF makes clear that the provision of Development renewable energy infrastructure is central to the economic, social and environmental dimensions of sustainable development. Use To generate onsite electricity for the consumption of The Ling and would support ongoing viability of farming operation and would provide a second income stream. Scale The scale of the development is suit able for the locality .

Landscape The turbine is satisfactorily sited within the locality and is screened by farm buildings and woodland. Amenity No adverse impacts in terms of noise, visual amenity or shadow flicker. Ecology and No adverse i mpact on protected species or important Ornithology habitats. Cultural Heritage No adverse impact on cultural heritage .

Proposal

The candidate turbine is a C 7 F Green Energy 20kW wind turbine, known as a CF20 and would have a 13.1m blade swept diameter and measures 18.45m height to hub, 25m height to blade tip, would have 3 blades and generate 20kW generating capacity. Permission would be sought for 25 years from the first generation of electricity on site, after which the turbine would be removed and the site restored.

It is intended to generate on site electricity for the consumption of The Ling. The wind turbine will support the ongoing viability of the farming operations by reducing energy costs and providing a second income stream to complement the core business.

The foundations will measure 5.5m by 5.5m. Underground cabling extending 150m will be required to transport the power generated. The proposed grid connection lies to the southern tip of The Ling farmyard. The proposal would generate in the region of 45,000kWh of electricity per annum. This estimate is based on the NOABL wind speed of 5.2m/s at 10m AGL for the proposed site.

Relevant Policies

National Planning Policy Framework

Meeting the challenge of climate change, flooding and coastal change Conserving and enhancing the natural environment Conserving and enhancing the historic environment Supporting a prosperous rural economy

Planning Practice Guidance for Renewable and Low Carbon Energy July 2013

Allerdale Local Plan (Part 1) Adopted July 2014

Policy S1 - Presumption in favour of sustainable development Policy S14 - Rural economy Policy S19 - Renewable Energy and Low Carbon Technologies Policy S27 - Heritage Assets Policy S32 - Safeguarding amenity Policy S33 - Landscape Policy S35 - Protecting and enhancing biodiversity and geodiversity Policy S36 - Air, water and soil quality Policy S4 - Design principles Policy DM17 - Trees, hedgerows and woodland

National Planning Policy and Allerdale Local Plan (Part 1) are broadly supportive of proposals for renewable energy development. The need to meet national targets for the generation of electricity and heat from renewable and low carbon sources is recognised as are the wider environmental, community and economic benefits of such development.

To ensure that the impacts of the development (either in isolation or cumulatively) are, or can be made acceptable, Policy S19 of the Allerdale Local Plan 2014 sets out clear criteria for the consideration of proposals for renewable energy development, including wind turbines. The criteria most relevant to the consideration of the application are considered below and when assessing the merits of the proposed development it is necessary to balance the economic, social and environmental benefits of the proposed renewable energy development with any adverse environmental impact of the proposed turbine.

Relevant Planning History

None

Representations

Sebergham Parish Council - Objection on the basis of its long standing policy of only supporting small scale turbines (up to 15m hub height) which are designed to supply farms and local businesses. Policy sets out a safeguarding distance of 800m. The turbine at the Ling will have 6 residential properties within 800m.

Environmental Health - No objections subject to planning conditions

Cumbria Highways - No objections subject to planning conditions

Natural - No objections. The site is within close proximity to the River Eden and Tributaries Site of Special Scientific Interest (SSSI). This SSSI forms part of the River Eden Special Area of Conservation (SAC). Not likely to have a significant effect on the interest features for which river Eden classified. Natural England advises the LA is not required to undertake an Appropriate Assessment. Will not damage or destroy the interest features for which the River Eden and Tributaries SSSI has been notified.

Cumbria Wildlife Trust - No objections verbal response. No objections regarding Lingside and Ling Wood County Wildlife site.

Barn Owl Trust - No objections

RSPB - No representation received

Carlisle Airport - No objections

NATS - No safeguarding objection

Civil Aviation Authority - No objections

Ministry of Defence - No objections

Geospace Air info team - No objections

Electricity Northwest - No objections

Aquiva - No objections

The application has been advertised on site and adjoining owners have been notified. 3 emails/ letters of objection have been received expressing the following concerns.

• As the turbine is over 15m in height it is not a minor wind turbine; • It is very noticeable in an otherwise unspoilt rural landscape; • Cumulative and sequential impact when seen in conjunction with other turbines within the area; • Blot on landscape and a huge structure; • Drainage issues; • Adverse impact on tourism

Force - Refuse. Concern about height dimensions, and proximity to nearby dwellings and quality of photomontages that would show the impact of the proposed wind turbine on the receiving landscape and they do not accurately reflect the magnitude of change that the turbine would bring to the area. Concern that deciduous tree only provide seasonal screening. The area already has considerable turbine development within the locality. Concern will adversely affect tourism in locality and will have cumulative impact on moving receptors as they travel to and from the Lake District National Park.

Site and Surroundings

The site lies approximately 110m to the north east of the centre of the Ling Farm yard, on the opposite side of the access track to the premises. The area comprises of small agricultural fields, interspersed with blocks of woodland, trees and vegetation.

The nearest stretch of Ling Lane lies approximately 290m to the north west of the proposed turbine location. The village of Welton is approximately 1.1.km to the south- southeast and and Dalton lie some 5km to the north-northwest and north- northeast respectively. The site is 1.8km SE of the River Eden and tributaries SSSI/ River Eden SAC and 5km SW of the Lake District National Park.

There have been a number of wind farm developments within 5km to include:

2/2009/0316 Single turbine 11.78m to tip. Rylands Farm, Welton. Approved

2/2010/0319 Single turbine to tip 24.8m. Chalkside Farm. Appeal Allowed

2/2010/1039 Single turbine 24.8m to tip, East Curthwaite farm. Refused

2/2011/0463 Single turbine 27.1m to tip. Townhead Farm, Brocklebank. Approved

2/2011/0184 Erection of small scale turbine 24.8m to tip (resubmission of 2/2010/1039). East Curthwaite Farm. Approved

2/2012/0241 Single turbine 47m to tip. The Ling. Refused

2/2013/0227 3 x turbines 115m Carwath. Refused

2/2014/0419 Single turbine 45m to tip. Reathwaite Farm. Refused

It is noted that turbines around 25m in height or less have generally been supported within the locality.

Landscape and Visual

According to the Cumbria Wind Energy Supplementary Planning Document SPD (July 2007), the proposed site lies within the Type 5 Lowland Character Type (LCT) and specifically the Low farmland sub-type 5b and has a ‘moderate’ landscape capacity for wind energy development. The turbine would be located to the north of farm buildings and therefore dwellings to the south are screened from the turbine. There is also deciduous woodland screening to the west, north and south of the development.

No landscape features such as trees and hedgerows will be disturbed by the proposal and due to the moderate scale of the development when considering the landscape assessment the turbine is not considered to have an adverse impact on the wider landscape.

In order to address community concerns and in the interests of residential amenity and safety the Allerdale Local Plan adopted July 2014 sets out an expectation that a minimum separation distance of 800m will be provided between wind turbines (over 25m to blade tip) and residential properties. This scheme is for a turbine of 25m therefore the 800m rule itself does not apply but the criteria used in Policy S19 of the ALP Part 1 July 2014 are relevant to consider in the assessment of this application.

It is recognised that in some cases due to site specific factors such as orientation of views, land cover, other buildings and topography it may be appropriate to vary this threshold where it can be demonstrated through evidence that there is not unacceptable impact on residential amenity. It is considered that the turbine is well screened within the locality by farm buildings to the south and woodland to the west and north west and south. It is considered that dwellings from the south are sufficiently distant and screened from the development to not cause an unacceptable residential amenity from a visual point of view to include various dwellings found within the locality of Ling Side farmstead (circa 270m distant to the south). Furthermore due to the scale of the development 18m to hub and 25m to tip that dwellings to the north east are of sufficient distance with a rolling topography and partial mature tree cover to not cause an adverse visual impact to the residential amenity at the dwellings at the locality of Beech Farm (650m) and dwellings further beyond to the north west.

With regard to public rights of way the turbine development is not considered to adversely affect visual amenity from local roads and public rights of way within the locality. The turbine is well screened from Ling Lane by trees.

The scheme is considered to be of sufficient distant from the Lake District National Park boundary (5km south west) to not significantly adversely affect the setting to the LDNP.

Due to the scale of the turbine (25m to tip) it is not considered to have an adverse cumulative and visual impact with other turbine development within the locality. Officers consider that there will not be significant cumulative visual effects either in sequence, combination or in succession with other wind farm sites within the locality. Overall, the potential for cumulative effect was found to be not significant.

Cultural and Built Heritage

The turbine is not considered to adversely affect listed buildings within the locality. There are 5 grade II listed properties within 2km, however these are not considered to be adversely impacted in terms of their setting by the turbine development.

- The Ling and adjoining barn (grade II) 130m SSW - Welton farmhouse and adjoining barn (grade II ) 1.2km SSW - The Kennels and cottage and adjoining barns (grade II) 1.3km SSE - Borrans Hill Farm house (grade II) 1.55km SE - Holm House and adjoining barn (grade II) 1.9km ESE

No World Heritage Sites, Scheduled Monuments grade I or II* listed buildings, registered battlefields or Registered Parks and Gardens are within 2km of the site.

Residential Amenity

Noise - The applicant has confirmed that the closest residential property not associated with the development is a residential property at Ling Side situated in the region of 295m south west. The predicted noise level at this property, based on the manufacturers noise data and calculated sound power level of 88.95dB (A) is 29 dB(A) within acceptable limits.

The closest property, The Ling, has financial involvement with the development and lies within the region of 145m from the wind turbine, with farm buildings separating. The calculated noise level is 35 bB(A) and this is within acceptable limits.

Shadow Flicker - It is generally acknowledged that the potential impact of shadow flicker is only likely to be an issue within 10 x rotor diameters of the turbine (13.1m rotor diameter) and within 130 degree either side of north relative to the turbine. This equates to 131m separation distance. As the nearest non-associated dwelling lies approximately 270m from the proposed turbine location, shadow flicker is not considered to be an issue.

Needs/Benefits of Renewable Energy Development

Guidance issued July 2013 ‘The planning practice guidance for renewable and low carbon energy’ set out set out that increasing the amount of energy from renewable and low carbon technologies will help make sure the UK has a secure energy supply, reduce greenhouse gas emissions and slow down climate change and stimulate investment in new jobs and businesses.

The NPPF explains that all communities have a responsibility to help increase the use and supply of green energy, but this does not mean the need for renewable energy automatically overrides environmental protections and the planning concerns of local communities. The Planning Practice Guidance July 2013 notes that it is important that the planning concerns of local communities are properly heard in matters that directly affect them.

National planning guidance clearly addresses that the need for renewable or low carbon energy does not automatically override environmental protections and that cumulative impact requires special attention, especially as the number of turbines within an area increases. In this case, the siting of the wind farm is not considered to have a significant adverse cumulative impact.

Electronic Interference (EMI), Aviation and RADAR

NATS and the MoD have raised no objections to the proposal, nor has Stobart Air on behalf of Carlisle Airport. As such, the scheme is considered acceptable in terms of aviation safety and radar insofar as these agencies interests are concerned. These organisations have requested notification should there be approval of the scheme and erection of the structures. This could be dealt with by suitable condition if planning permission were given.

Aqirva (representing the BBC, ITV and Re-Broadcast Links) has raised no objection to the proposal. Based on the consultation responses, the proposal is considered acceptable in relation to electromagnetic interference.

Biodiversity

The site is on an agricultural field and it is not considered the site will not have an adverse effect on protected species or habitats. The agricultural land has little significant ecological value. The turbine proposed is of a modest scale with a 18.45m hub height with a height to tip of 25m. No landscape features such as trees, hedgerows or ponds will be disturbed by the proposal.

The surrounding area supports an important barn owl population and Carwath falls within a 10km square area with some of the highest populations of breeding barn owls in Cumbria. Barn owl is a Schedule 1 species and the bird is in decline as a species; it is believed that lack of hunting habitat and weather has affected numbers in other areas in Cumbria. The Barn Owl Trust has no objections. This is because based on available evidence, it is thought that wind farms that are positioned appropriately within the landscape do not pose significant harm for barn owls because the home range varies from 350 hectares in the summer and 5,000 hectares within the winter, thereby reducing the amount of time spent in the vicinity of the turbine in comparison with many other species. Foraging predominately takes place between 3 to 4m from the ground and most turbines afford a rotor tip ground clearance well in excess.

Highway/Traffic Impact

There are no objections from Cumbria Highways subject to planning conditions and the turbine will not adversely affect public rights of way in the locality.

Tourism

The issue of potential effects on local tourism within the locality has been raised within several of the objection representations. However, the Inspector on the Parkland/Hellrigg appeal, in evaluating impact on tourism including the AONB, considered that if there was not a significant impact on the landscape then the degree of effect on attracting visitors would be limited. He considered the evidence of Scottish research submitted at the appeal indicated that the small number of people discouraged from visiting was insignificant. In the absence of any conclusive evidence on this issue, officers consider it would be difficult to sustain to a reason for refusal. Further to the Hellrigg appeal officers consider that there is no specific detailed local evidence to demonstrate any conclusive views backed up with evidence.

Financial Considerations:

Having regard to S70(2) of the Town and Country Planning Act the proposal does not have any local financial considerations.

Assessment

A ministerial statement by the Rt Hon Eric Pickles MP was issued on 6 June 2013. The statement regards the planning reforms to make the planning process more accessible to communities giving local people the opportunity to influence decisions that affect their lives. The statement makes specific and direct reference to on-shore turbine development and the view that planning decisions are not always reflecting the locally-led planning system. It is stated that action is required to deliver the balance expected within the NPPF and to ensure that protecting the local environment is properly considered alongside the broader issues of protecting the global environment.

The Allerdale Local Plan (Part 1) adopted July 2014 clearly establishes that the Council will seek to promote and encourage the development of renewable and low carbon energy resources given the significant wider environmental, community and economic benefits. The Council will take a positive view if: The proposal (either in isolation or cumulatively) does not have an adverse impact on the amenity of local residents (amongst other matters to include noise, water pollution and shadow flicker); that do not have significant adverse impact on the location in relation to visual impact or impact on the character and sensitivity of the surrounding landscape; and do not have an adverse effect on protected nature conservation sites, including qualifying habitats and species; also that does not have unacceptably adverse impacts on heritage assets and their setting; it can be demonstrated that the development would not have significant adverse effect on protected bird species; and that appropriate operational requirements are addressed and measures to remove structures and restore sites should the sites become non-operational.

Conclusion

After balancing of all material planning matters and when taking account for the potential for mitigation to be secured by planning condition, the scheme is considered to be acceptable and the scheme is positively assessed against the above criteria and the scheme is recommended for approval accordingly subject to planning conditions.

Annex 1

Conditions

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In order to comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning & Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out in accordance with the following plans: CF20 - Proposed turbines PL01 - Site location plan PL02 - Block plan Email confirming hub and tip height received 7 January 2015 Email received 18 December 2014 regarding noise assessment Email confirming distance from boundary received 17 April 2015 Reason: In order to ensure a satisfactory standard of development.

3. This permission shall remain valid for a period of 25 years from the date that electricity from the development is first produced ('First Export Date'). The date of the first production of electricity shall be notified in writing to the Local Planning Authority within 28 days of the event occurring. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with the National Planning Policy Framework and Policies S32 and S33 of the Allerdale Local Plan (Part 1), Adopted July 2014.

4. Not later than 12 months before the end of this permission, a decommissioning and site restoration scheme shall be submitted for the written approval of the Local Planning Authority. The scheme shall make provision for the removal of the wind turbines and the associated above ground equipment and foundations to a depth of at least one metre below ground. The approved scheme shall be fully implemented within 6 months of the expiry of this permission. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with the National Planning Policy Framework and Policies S32 and S33 of the Allerdale Local Plan (Part 1), Adopted July 2014.

5. If any turbine hereby approved ceases to be operational for a continuous period of at least 6 months, the turbine shall be removed and the land restored in accordance with a decommissioning and site restoration scheme approved in writing by the Local Planning Authority. The decommissioning and site restoration scheme shall be submitted to the Local Planning Authority within three months of the continuous six month cessation period coming to an end. The land shall be restored in accordance with the approved scheme within 6 months of the scheme's approval by the Local Planning Authority. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with the National Planning Policy Framework and Policies S32 and S33 of the Allerdale Local Plan (Part 1), Adopted July 2014.

6. Within 6 months of the completion of the construction works, any temporary working areas around the turbine shall be removed. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with the National Planning Policy Framework and Policies S32 and S33 of the Allerdale Local Plan (Part 1), Adopted July 2014.

7. During the construction phase no vehicle shall leave the site in a condition that would give rise to the deposit of mud, dust, or debris on the public highway. Reason: In the interest of highway safety.

8. The applicant shall submit a Traffic and Construction Management Plan for approval, all identified works shall be completed to the satisfaction of the Local planning authority in consultation with the Highway Authority prior to the works commencing on site. Reason: In the interest of highway safety.

9. No development shall take place until a Surface Water Management Plan covering water treatment and the means of drainage from all hard surfaces and structures within the site has been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details. Reason: To protect the local water environment from any potential pollution and flooding.

10. The following background noise levels shall not be exceeded when the wind turbine is in operation: a. Night time noise limits (11pm-7am) – The LA90 (10 minutes) specific noise level shall not exceed 43dB(A) when assessed and measured 3.5m from the façade of the nearest noise sensitive receptor, namely ‘Lingside, Welton, CA5 7EW’ (in existence at the date of this permission) or 5dB above the night time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater.

b. Day time noise limits (7am-11pm) – The LA90 (10 minutes) specific noise level shall not exceed 35dB(A) when assessed and measured 3.5m from the façade of the nearest noise sensitive receptor, namely ‘Lingside, Welton, CA5 7EW’ (in existence at the date of this permission) or 5dB above the quiet day time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater.

c. Night time noise limits (11pm-7am) – The LA90 (10 minutes) specific noise level shall not exceed 45dB(A) when assessed and measured 3.5m from the façade of the nearest financially involved noise sensitive receptor, namely ‘The Ling, Welton, CA5 7EW’ (in existence at the date of this permission) or 5dB above the night time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater.

d. Day time noise limits (7am -11pm) – The LA90 (10 minutes) specific noise level shall not exceed 45dB(A) when assessed and measured 3.5m from the façade of the nearest financially involved noise sensitive receptor, namely ‘The Ling, Welton, CA5 7EW’ (in existence at the date of this permission) or 5dB above the quiet day time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater. Reason: In the interests of residential amenity and in accordance with Policy S32 of the Allerdale Local Plan, (Part 1) 2014.

11. In the event of a complaint being received in writing by the local planning authority (LPA) alleging noise nuisance at a dwelling(s) (including those specified in condition 10) arising from the operation of the wind turbine, the operator shall at its expense, employ an independent consultant approved by the LPA to measure and assess the level of noise emissions from the turbine at the complainant’s dwelling. The LPA shall be notified in writing of the results within 3 months of the date of the complaint. If a breach of condition 10 (a or b) is confirmed at the complainants dwelling, the turbine operation shall cease until the LPA is satisfied that the turbine can operate within the condition 10 (a or b) noise limits. Reason: In the interests of residential amenity and in accordance with Policy S32 of the Allerdale Local Plan, (Part 1) 2014.