Single Turbine, 46M to Tip and Considered in Isolation, the Proposed Turbine Fits Easily Within the Identified Capacity of the Landscape

Allerdale Borough Council

Planning Application

Reference No: 2/2012/0345 Received: 08 May 2012 Proposed Siting of one 36.4m hub height wind turbine and associated Development: infrastructure. Location: Tarns Farm Silloth Wigton Applicant: Mr John Wise

Drawing Numbers: SL1 - Site Location Plan SL2 - Site Location Plan DR1 - Proposed Turbine DR2 - Wind Turbine Details DR3 - Proposed Turbine Photomontages DR4 - Proposed Wind Turbine Details DR5 - Noise Details EWP50_F_001 - Foundation and Bolt Arrangement

Constraints:

Policies: National Planning Policy Framework

North West Regional spatial Strategy Policy DP7 - Promote environmental quality Policy EM17 - Renewable Energy

Cumbria and Lake District Joint Structure Plan Policy E38 - Historic environment Policy R44 - Renewable energy outside the Lake District National Park and AONBs

Allerdale Local Plan Policy CO13 - The setting of a Conservation Area, Allerdale Local Plan, Adopted 1999 (Saved) Policy CO18 - Setting of a Listed building, Allerdale Local Plan, Adopted 1999 (Saved) Policy CO21 - Proposals affecting archaeological sites, Allerdale Local Plan, Adopted 1999 (Saved) Policy CO22 - Protection of archaeological remains, Allerdale Local Plan, Adopted 1999 (Saved) Policy CO24 - Protection of setting of Hadrians Wall, Allerdale Local Plan, Adopted 1999 (Saved) Policy EN10 - Restoration, after uses cease, Allerdale Local Plan, Adopted 1999 (Saved) Policy EN19 - Landscape Protection, Allerdale Local Plan, Adopted 1999 (Saved) Policy EN25 - Protecting the open countryside, Allerdale Local Plan, Adopted 1999 (Saved) Policy EN32 - Protecting wildlife protected by law, Allerdale Local Plan, Adopted 1999 (Saved) Policy EN6 - Location of potentially polluting development, Allerdale Local Plan, Adopted 1999 (Saved).

Relevant Planning A screening opinion was issued by the Local Planning Authority in History: June 2012. This opinion stated that the proposal did constitute EIA development. However, the applicant subsequently prepared additional information (ecological report) and sought a Screening Direction from the Secretary of State. The Screening Direction confirmed that the proposal is not EIA development, stating that whilst the proposal had the potential to impact on the setting of the Solway Coast AONB and on bird species in the Outer South Solway area, based on the separation to the AONB and the height/scale of the turbine, it was not likely to give rise to significant environmental effects on the landscape either alone or in cumulation, nor would it be likely to affect significant populations of protected species, sufficient to require EIA.

2/2012/0250 - Proposed demolition of existing agricultural building with erection of new portal frame shed, approved.

Representations: Parish Cou ncil - Recommend refusal on the basis that: • There are already turbines within this area at Low Tarns, with others proposed. • Not for own use • Visible from nearby caravan park, other tourist attractions and from AONB • If allowed, this small rural area will look like a large windfarm.

Civil Aviation Authority - Consultations for wind energy related development is exceeding the resource available to respond within LPA timeframes. Should consult with NATS and MoD and relevant aerodromes. The CAA has no responsibility for safeguarding sites other than within its own property.

NATS - No objection.

MoD - No objection. If permission is granted, the MOD must be informed of the date construction commences, the maximum height and the latitude/longitude.

County Council Highways No objection subject to conditions requiring the road to be kept clear of mud during the construction phase and that a Traffic Management Plan be submitted for approval.

Natural England – Response to planning application - This proposal does not appear to affect any statutorily protected sites or landscapes, or have significant impacts on the conservation of soils. The LPA should consider the effects on protected species in accordance with standing advice and local wildlife sites.

Response to screening opinion – Natural England confirmed that the proposal had to potential for significant impacts on the environment in relation to bird species functionally linked to the Solway SPA (geese and swans). A Landscape and Visual Impact Assessment would be required for the turbine also, including from vantage points within the AONB, but landscape impact was not considered to be significant in EIA terms.

Response to Screening Direction - On the basis of the additional material supplied with the consultation, that, in so far as statutory designated sites, landscapes and protected species are concerned, an Environmental Impact Assessment (EIA) is not required for this application.

Based on the additional information provided by the developer, we can confirm that the application site is not located within, adjacent to or in close proximity to any Site of Special Scientific Interest (SSSI) or Special Area of Conservation (SAC), Special Protection Area (SPA) or Ramsar Site and the additional information provided has demonstrated that the development is not likely to significantly affect the interest features for which they are notified.

Based on the additional information provided by the developer, the location of the proposal is not within, nor is it sufficiently close to the Solway Coast Area of Outstanding Natural Beauty or Hadrian’s Wall World Heritage Site to impact upon the purposes for which these sites were designated.

We are further satisfied that the application is not likely to affect significant populations of protected species sufficient to require an EIA.

Environmental Health – No objections subject to conditions specifying noise limits in accordance with ETSU and a noise complaint procedure.

County Archaeologist – Contrary to paragraph 4.27 of the design and access statement, the proposed turbine lies within a known archaeological site. Aerial photos show that remains of Iron Age and Romano-British field systems survive within the field of the proposed development. These remains will be disturbed by the construction ground works of the proposed turbine and infrastructure.

I therefore recommend that the ground works associated with the development should be subject to a programme of archaeological recording. This recording should be carried out during the course of the development (a watching brief) and should be commissioned and undertaken at the expense of the developer. This programme of work can be secured through the inclusion of a condition in any planning consent.

RSPB – 1st response, insufficient information relating to geese and swans, functionally linked to the Solway SPA.

2nd consultation response confirms that the additional information provided (Ecological Desktop survey & protected species risk assessment) is satisfactory and that no additional survey work is required. Based on the information provided, the RSPB concur with the conclusions of the report, regarding the low risk to pink footed geese and whooper swans.

Fire Officer – No comments received.

Cumbria Wildlife Trust – No comments received.

County Planning – Not a category 1 application, therefore no comments.

Arqiva – No comments received.

English Heritage - The views that provide part of the importance (the Outstanding Universal Value) of the World Heritage Site, are those that allow an understanding of Roman military planning and land use: in this precise area these important views centre on views up and down the Roman frontier on the coast, with views inland towards the hinterland being of less importance unless a particularly visual relationship (for example along a Roman road) is interrupted. Having looked at the application information, it does not appear that any of these important hinterland views will be interrupted, so the key issue is impact on views along the frontier. Knowing this site, the nearest Roman installations (and views between them) seem to lie too far to the west for this turbine to disrupt or otherwise harm these views along the frontier.

My concern would therefore be with reference to longer distance views, particularly from the south. In such views, the line of the coast is such that the proposed turbine will lie visually behind the Roman installations when looking northwards from places like turret 20b (at Blue Dial). However, although it would have been useful to have a montage from here to assist and the turbine is twice the height of the others given permission, I am confident that the distance over which these views will occur is such that the turbine will not be visually prominent enough to harm an appreciation of the visual relationship between the Roman features.

The application has been advertised by site notice and neighbour letter.

Two letters of objection has been received from FORCE and the Westnewton Action Group. The grounds of objection are summarised as:

• Reference to a small scale turbine when it would be considered medium in scale. • That the cumulative assessment of the development is insufficient and should consider a wider range of existing, consented and proposed turbines as well as including ZTV’s to inform the LVIA. • The scheme will seriously add to the cumulative effect of turbine development in the borough. • The proposal will impact negatively on residents and visitors to the AONB • Potential threat to birds in the coastal region. • Greater assessment of archaeological interest required given the location of sites of interest within 500m. • Noise information is insufficient, the turbine testing was undertaken on a smaller turbine (25m to hub), and at certain wind speeds, tonal noise was detected. • Severe negative affects on local visual receptors. • Inaccuracies within the Design and Access statement referring to two turbines, not one. Information should be of the highest quality. • Turbine should be considered as EIA development. • National promotion of renewable energy should not be given primacy over local landscape policies. • The land between the AONB and the LDNP has already absorbed enough turbine development, this funnelling of turbines is exacerbating the cumulative effect. • Accumulation with other dominant features such as pylons and masts. • One turbine could never achieve the level of output indicated within the supporting documents. • Lack of ecological assessment. • Contrary to policy R44 due to adverse landscape impacts. • Reference to precedent set by Inspector Rose for the Broughton Lodge appeal and the high court case referring to the planning balance between landscape and renewable energy development.

Report Proposal

The proposal is for a single, 50 kW turbine, approx. 36.4m to hub height and 46m to tip height with 3 blades. The turbine base would be approx. 6.0m², with a small control box cabinet.

The proposed energy is for use at the farm, with any surplus connecting to the grid. The farm is indicated as having a grain drying and grain processing facility, with reasonably high energy demands.

The application includes a Design and Access Statement which includes assessment of turbine related effects, photomontages, acoustic information, noise performance testing data and ecological desk study and risk assessment.

The application indicates that the installation will require limited temporary works, with all ground disturbance to be made good. The existing farm access will be utilised with no additional works to the access considered necessary.

Site

The plan provided indicates the turbine’s position within a field, approx. 70m to the south west of the existing farmyard. The immediate locality is farmland, with a typical field and hedge pattern, interspersed at times by isolated dwellings and farms and pockets of woodland. The site is positioned at approx. 40m AOD on a plateau, whilst land to the north and east falls to the flat coastal plain.

The settlement of Mawbray is 3.7km to the southwest and Langrigg is 4.2km to the southeast. Silloth is the nearest main town, 4.8km to the north and Westnewton is 3.8km to the south.

The site is positioned 2.3km from the Solway Coast AONB and 11.4km from the National Park boundary. The site is approx. 550 metres from the buffer zone of the Hadrian’s Wall World Heritage site.

Existing turbine development visible at the site visit includes the four turbines (approx. 121m to tip) at Parkhead Farm Silloth to the north and two turbines (approx. 25m to tip) near to Low Tarns Farm to the west.

Assessment

Policy

National planning guidance is generally supportive of renewable energy production. Renewable energy targets are now binding through the Climate Change Act 2008.

The National Planning Policy Framework has as two of its core principles:

• To take account of the different roles and character of different areas, promoting the vitality of our main urban areas, protecting the Green Belts around them, recognising the intrinsic character and beauty of the countryside and supporting thriving rural communities within it; • Support the transition to a low carbon future in a changing climate, taking full account of flood risk and coastal change, and encourage the reuse of existing resources, including conversion of existing buildings, and encourage the use of renewable resources (for example, by the development of renewable energy);

When determining planning applications for renewable energy development, local planning authorities should:

• Not require applicants for energy development to demonstrate the overall need for renewable or low carbon energy and also recognise that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions; and • Approve the application if its impacts are (or can be made) acceptable.

At the regional level, RSS Policy EM17 encourages the installation of renewable energy generation, where certain criteria are met. The courts have determined that the government’s intention to abolish RSS through the Localism Bill remains a material consideration.

Saved policy R44 of the Joint Structure Plan states that outside the Lake District and AONB, proposals for renewable energy, including any ancillary infrastructure or buildings, will be favourably considered subject to a number of criteria relating to landscape character, biodiversity and natural and built heritage, local amenity, local economy, highways or telecommunications. Specifically for wind turbines, the policy indicates that measures should be included to secure satisfactory removal of structures /related infrastructure and remediation of land following cessation of operation of the installation. The County Council has also produced the Cumbria Wind Energy Supplementary Planning Document.

Policy EN25 of the Allerdale Local Plan restricts development within the open countryside to that which is ‘essential’ to meet a local need. No Allerdale Borough Council policies specifically relating to renewable energy have been ‘saved’. However, the NPPF does not place a specific restriction on schemes for renewable energy within the open countryside. Such schemes will often need to be located where there is the resource and where economically feasible.

Needs/Benefits

The needs and benefits of the proposal are important elements in the overall planning balance. The NPPF continues to give support to all forms of renewable energy development.

The increased development of renewable energy resources is vital to facilitating the delivery of the Government’s commitments on both climate change and renewable energy. Positive planning which facilitates renewable energy developments can contribute to the Government’s overall strategy on sustainability and renewable energy development, as emphasized in the Energy White Paper (2007), The UK Renewable Energy Strategy (2009) the UK Energy Road Map (2011) and a significant number of other policies and commitments. The NPPF continues to give support to all forms of renewable energy development.

In order to mitigate the effects of climate change, the North West Regional Spatial Strategy (NWRSS) policy EM17 encourages the use of renewable energy development in order to achieve 15% of the electricity supplied within the Region from renewable energy sources by 2015, rising to 20% by 2020. The RSS includes indicative generation targets and for Cumbria, these are:

2010 – 237.3MW 2015 – 284.8MW 2020 – 292.4 MW

The Courts have determined that the government’s intention to abolish Regional Spatial Strategies is a material consideration. However, in the context of renewable energy development, this intention is not considered to carry significant weight, given the binding legal targets relating to carbon and greenhouse gas emissions within the Climate Change Act.

The Cumbria Renewable Energy and Deployment Study (August 2011) confirmed that the capacity of operational or consented renewable energy schemes within Cumbria totalled 285.36MW. This figure is not directly comparable to the RSS targets because the RSS specified electricity generation only; whilst the Cumbria Renewable Energy and Deployment Study considered renewable energy schemes for both power and heat. The UK Renewable Energy Strategy recognises the importance of both electricity and heat from renewable sources and seeks around 35% of electricity and heat to come from renewable and low carbon (non nuclear) sources by 2020. Of the overall figure deployed or consented within Cumbria, 70% is located within the district of Allerdale.

As such, the consented/installed capacity for power and heat from renewable energy development is considered to be substantial and to make a positive contribution to addressing climate change.

Regardless of these figures, the imperative for further renewable energy within national policy and strategy is clear. Therefore, the weight to be attached to the deployment of renewable energy is not considered to have diminished.

Whilst this scheme would make only a small contribution towards regional and national targets for the production of energy from renewable sources, it remains valuable, thus contributing to meeting the objectives of the Climate Change Act. Whilst the local economic benefits cannot be precisely quantified there would be some in terms of the economic benefits to this local business. Achieving the binding national targets for the proportion of energy from renewable sources and the reductions sought in greenhouse gases can only be done by an accumulation of local projects of varying scale. Thus, based solely on national performance, a need for developments of this type exists. These are material considerations that weigh significantly in the planning balance.

Landscape Impact

At 46m to tip height, the proposed turbine will be the tallest structure in the immediate locality. Some supporting information has been provided with the application, a desk top assessment based on visual aids, including photomontages and it is stated that the assessment of the impact has been guided by the document ‘Guidelines for Landscape and Visual Impact Assessment’, 2002 Landscape Institute. Unfortunately, no confirmation has been received as to whether this assessment has been undertaken by a qualified landscape architect and no information has been provided stating whether photomontages have been prepared in accordance with best practice (Photography and photomontage in landscape and visual impact assessment, Landscape Institute Advice Note 01/11).

No national landscape designations apply. The site is located within landscape classification 5b – Low Farmland. Landscape classification 5b characterised by: • Undulating and rolling topography • Intensely farmed agricultural pasture dominates • Patchy areas of woodland provide contrast to the pasture • Woodland is uncommon west towards the coast • Fields are large and rectangular • Hedges, hedgerow trees and fences bound fields and criss cross up and over the rolling landscape

Wide ranging views can be obtained of the wide open landscape from the site.

Landscape Character 5b, is assessed as having a moderate capacity to accommodate wind energy development (3 – 5 turbines), exceptionally a large group (6 – 9). This proposal is for a single turbine, 46m to tip and considered in isolation, the proposed turbine fits easily within the identified capacity of the landscape. It is considered that this single turbine would not be out of scale with the wide open landscape, nor would the turbine be a dominating characteristic.

The first turbine at Low Tarns, approx. 900m to the west was approved on appeal. Albeit a smaller scale turbine at 25m to tip than that proposed, the Inspector in this decision took the view that the modest height of the turbine would not be out of scale with the expansive landscape.

Cumulative Impact

Tall, man-made structures visible from the site are limited to telegraph poles and existing turbine development.

The following constructed turbines are within 5 km of the site:

4 x turbines (121m to tip) at Parkhead Farm Silloth 3.8km north 2 x turbines (25m to tip) at Low Tarns Farm 900m west 4 x turbines (27m to tip) at Langrigg – 4.2km south east

The Langrigg turbines were not visible from the site at the time of the site visit.

Additional approved wind turbine development within a 5km radius of the site includes: 3 x turbines (107m to tip) at Westnewton – 4.95 km south 1 x turbine (17.7m to tip) at Stepping Stones Farm – 3.9km east 1 x turbine (20.4m to tip) at Crossrigg Farm - 3.9km south 1 x turbine (20.4m to tip) at Stubbsgill - 4.3km south

A single application within a 5 km radius is currently under consideration: 1 x turbine (41.7m to tip) at Edderside,– 3.37km south west

As such, there is a degree of clustering of turbine development within a 5km radius. However, given that the proposal relates to a single turbine at 47m to tip, and that only the two x 25m to tip turbines at Low Tarns are within close proximity to the site, (the remainder being at least 3.5km away), it is considered that the proposal will achieve a sufficient separation distance from the majority of existing and consented turbine development to ensure that the proposal will not be seen as part of a larger group. Whilst there will be cumulative impact, it is considered that the landscape will remain the dominant feature, the area will not result in a wind turbine landscape as a result of this additional turbine. As such, the cumulative landscape impact of this proposal is not considered to be significant.

Impact on Landscape Designations

The site is considered to be a sufficient distance from the LDNP not to have any adverse impact.

The site is positioned 2.3km from the Solway Coast AONB. As the site is at a higher ground level, the proposal has the potential to be seen from within the AONB, along with other turbine development. However, the turbine is positioned on a plateau, not on the ridge rising up from the AONB. In consultation with the Secretary of State on the Screening Direction, Natural England has advised that the proposal would not have significant environmental effects on this national designation. The Secretary of State has concurred with this view indicating that ‘given the scale and location of the single turbine and its distance from the AONB, it is not considered that the proposal is likely to give rise to significant environmental effects on the protected landscape either alone or in cumulation’.

Visual Impact

Public views of the proposed turbine would be possible from along parts of the surrounding highway network, mainly the B5301 connecting Silloth to Aspatria, the road running east - west connecting Mawbray to Aldoth. The nearest Public Rights of Way are approximately 230m to the east (to the other side of the farm complex) and 400m to the north. Residents of dispersed properties within the locality may experience views of the turbine, the nearest non-related property is in excess of 500m to the west at High Tarns.

The proposal is considered to be sufficiently separated from public footpaths within the vicinity to ensure that the visual impact on users of these footpaths will not be significant.

At approx. 290m from the highway, the visual effects for road users are not considered to be significant.

Given the scale of the proposal and the distance between the turbine and public viewpoints, any detrimental visual impact of the proposal is not considered to overly dominant, sufficient to warrant refusal.

The nearest non-related residential property to the proposal is High Tarns Farm, 500m to the west. The main front/rear orientation of this property is north south facing, with agricultural buildings to the rear. Given this orientation of this property, any view of the proposed turbine will be at an oblique angle. This, combined with the separation distance and the intervening farm buildings are considered sufficient to ensure that this proposal will not adversely impact on residential amenity.

The proposal is some 760m from the nearby Tarns Caravan Park. No evidence has been provided to demonstrate that the proposal would adversely impact on visitors to the caravan park and no objection has been raised by the caravan operator.

As such, the visual impacts of the proposal individually and cumulatively are considered to be acceptable.

Biodiversity

The site falls within the bird sensitivity area defined by the RSPB for species functionally linked to the Upper Solway Flats and Marshes SPA/Ramsar sites. As part of the Screening Direction, an Ecological Desktop Survey & Protected Species Risk Assessment relating to these species, was provided. This information has been considered by both Natural England and the RSPB. Based on the information provided, the RSPB concur with the conclusions of the report, regarding the low risk to pink footed geese and whooper swans and indicate no further survey work is required.

The supporting information confirms that the proposed turbine has been sited in excess of 50m from field hedges/coppices in accordance with Natural England advice for bats.

Based on the above and advice from consultees, it is considered unlikely that the proposal will have any significant impact on wildlife species or protected habitats.

Built Heritage

The supporting information refers to a number of sites of archaeological interest within the locality. However, the County Archaeologist has noted that the proposed turbine lies within a known archaeological site. Aerial photos show that the remains of Iron Age and Romano-British field systems survive within the field of the proposed development. These remains will be disturbed by the construction ground works of the proposed turbine and infrastructure. The County Archaeologist has considered the potential significance of these remains and recommends that the ground works associated with the development should be subject to a programme of archaeological recording. This recording should be carried out during the course of the development (a watching brief) and this programme of work can be secured through the inclusion of a condition in any planning consent.

As such, the proposal is considered to be acceptable in relation to policies CO21 and CO22 of the Allerdale Local Plan.

The nearest Conservation Area (at Westnewton) is located in excess of 3.0km from the site and the nearest listed building is 1.3km away at Bog Farm. Given the separation distances involved and the scale of the development, it is not considered that the proposal would significantly affect the setting of this listed building or the Conservation Area.

The site is positioned approx. 550 east of the buffer zone to the Hadrian’s Wall Military Zone World Heritage site. As the site is beyond the buffer zone, which is defined to give an added layer of protection to the setting of the world heritage site itself, it is considered that the proposal will be unlikely to impact significantly on the outstanding universal value of this internationally important designation.

Further, English Heritage has confirmed no objection to the scheme. This was on the basis that the crucial views for the outstanding universal value of the WHS are between the individual coastal installations and not those views looking inland from the coast which English Heritage considered to be much less crucial in understanding Roman Planning. Albeit a larger scale turbine than those at Low Tarns, English Heritage are satisfied that the turbine will not be visually prominent enough to harm an appreciation of the visual relationship between the Roman features of the World Heritage Site.

As such, the proposal is considered acceptable in relation to saved policy CO24 of the Allerdale Local Plan.

Residential Amenity

The visual impact or potential ‘overbearing’ impact of the proposal in relation to residential amenity has been discussed above, and is not considered to warrant refusal of the application.

Noise ETSU – R – 97 The assessment and rating of noise from wind turbines, is the standard guidance document relating to wind turbines. This indicates that noise from wind turbines should be limited to: • 5dB(A) above background noise level for both day and night time • In low noise environments, daytime noise level should be limited to an absolute level within the range of 35-40dB (A) • The fixed limit for night-time is 43 dB (A) • Day and night time levels of 45 dB (A) for any related property • For single turbines or large separation distances, simplified limit of 35dB (A) up to wind speeds of 10m/s should not require background noise measurements.

The application includes some acoustic information.

Environmental Health has considered the size and scale of the turbine and the separation to both related residential development and non-related residential development and have confirmed no objection to the proposal subject to conditions. A condition is recommended that noise from the wind turbine be limited to the ETSU guidelines for the nearest noise sensitive property.

Shadow Flicker There are no related or unrelated residential properties within 10 rotor diameters of the turbine. As such, shadow flicker is not anticipated to be significant and would not justify grounds for refusal.

As such, the proposal is considered to be acceptable in terms of potential noise and shadow flicker.

Aviation and RADAR

NATS and the MoD have raised no objections to the proposal. As such, the scheme is considered acceptable in terms of aviation safety and radar. These organisations have requested notification of approval of the scheme and erection of the structures. This can be a condition of the permission.

Highway/Traffic Impact

The Companion Guide to the now withdrawn PPS22 Renewable Energy suggests a separation distance between turbines and roads or railways of the height of the turbine plus 10%, to reduce any risks from toppling or icing, (the instances of such occurrences are noted as being rare). The separation distance proposed is well in excess of this. As such, it is considered that the proposal would not adversely affect the highway in an unacceptable manner in terms of safety.

The Highways Authority has raised no objection subject to conditions requiring the road to be kept clear of mud during the construction phase and that a Traffic Management Plan be submitted for approval.

On the advice of the Highways Authority, the highway implications of the proposal are considered to be acceptable.

Public Rights of Way

The proposal is in excess of 230m from the nearest public right of way. As such, it is considered that the proposal would not adversely affect this route in an unacceptable manner in terms of safety.

Representations

It is considered that the grounds of objection have been considered as part of the above assessment.

Conclusion

In balancing the harmful effects of the proposal, which are in the main limited to the impact on landscape and visual amenity, against the benefits arising from the promotion of renewable energy development, it is considered that the harm identified is outweighed by the benefits in this instance. The recommendation is therefore for approval subject to conditions.

Recommendation: Approved

Conditions/ 1. The development hereb y permitted shall be begun before Reasons: the expiration of three years from the date of this permission. Reason: In order to comply with Section 51 of the Planning & Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out in accordance with the following plans: SL1 - Block Plan and cable run SL2 - Site Location Plan DR1 - Turbine Specification EWP50_F 001 Rev D Foundation and HD Bolt Arrangement 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 Policies EN25 and EN10 of the Allerdale Local Plan, Adopted 1999 (Saved).

4. The permission hereby granted shall be for a period not exceeding 25 years from the date when electricity from the development is first generated ("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.Within 12 months of the cessation of electricity production from the development, or the expiry of the permission, whichever is the sooner, the development hereby permitted shall be removed in its entirety from the site and the site shall be restored either to its condition before the development took place or otherwise in accordance with a scheme that shall have first been submitted to and approved in writing by the local planning authority. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with Policies EN25 and EN10 of the Allerdale Local Plan, Adopted 1999 (Saved).

5. Unless otherwise agreed in writing by the Local Planning Authority, if the turbine ceases to be operational for a continuous period of 6 months, the development hereby permitted shall, within a period of 3 months (or such longer period as may be agreed in writing by the local planning authority), be removed in its entirety from the site and the site shall either be restored to its condition before the development took place, or otherwise in accordance with a scheme that shall have first been submitted to and approved in writing by the local planning authority. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with Policies EN25 and EN10 of the Allerdale Local Plan, Adopted 1999 (Saved).

6. Prior to the erection of the turbine, details of the colour and finish shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out only in accordance with the approved details. Reason: In the interests of visual amenity.

7. Unless otherwise agreed in writing by the Local Planning Authority, no development shall commence until the size, location and external materials of any control box cabinet required to serve the turbine hereby approved has been submitted to and approved in writing by the Local Planning Authority. Any control box cabinet erected shall be solely in accordance with the approved details. Reason: In the interests of visual amenity.

8. Prior to the erection of the wind turbine, the developer shall provide written confirmation to the Local Planning Authority, NATS En-route plc, and the Ministry of Defence of the proposed date for commencement; the anticipated date of completion of construction, the height above ground level of the highest structure and the position of each turbine in latitude and longitude. Reason: In the interests of air safety.

9. The following background noise levels shall not be exceeded when the wind farm is in operation: a) 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 use, namely "Tarns Farm, Silloth, CA7 4NQ" (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 45dB (A) when assessed and measured 3.5m from the façade of the nearest financially involved noise sensitive use, namely "Tarns Farm, Silloth, CA7 4NQ" (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 Policies EN6 of the Allerdale Local Plan Adopted 1999 (Saved).

10. In the event of a complaint being received in writing by the Local Planning Authority alleging noise nuisance at a residential property or properties due to the wind turbine, the wind turbine operator shall, at its expense, employ an independent consultant approved by the Local Planning Authority to measure and assess the level of noise emissions from the wind turbine at the location of the complainants property. The results of the independent consultant's assessment shall be provided in writing to the Local Planning Authority within three months of the date of notification of the complaint. If a breach of Condition 9 was confirmed in the assessment the operation of the turbine will cease until the Local Planning Authority is satisfied the turbine can operate within the noise limits specified in Condition 9. The operator of the development shall be under no obligation to follow the procedure set out in this condition where the complaint relates to a residential property more than one kilometre from the wind turbine generator. Reason: In the interests of residential amenity and in accordance with Policies EN6 of the Allerdale Local Plan Adopted 1999 (Saved).

11. Before any development commences, a scheme for traffic management for the construction and decommissioning phases of the development, shall be submitted to and approved in writing by the Local Planning Authority. The traffic management scheme shall include any works necessary to the highway and wheel cleaning arrangements to ensure that the public highway is kept clean of any mud or debris from the site. The construction and decommissioning phases shall be completed in accordance with the approved scheme. Reason: In the interests of highway safety.

12. An archaeological watching brief shall be undertaken by a qualified archaeologist during the course of the ground works of the development hereby approved. The archaeological watching brief shall be in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority prior to the development commencing. Within two months of the completion of the development, a copy of the final report shall be submitted to the Local Planning Authority. Reasons: To afford reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the investigation and recording of such remains, in accordance with Policy CO22 of the Allerdale Local Plan.

Notes to Applicant: