SCHEDULE A

Complex Planning Applications

SCHEDULE No: 9 SL/2012/0327

HELSINGTON: HIGH HOUSE FARM, HELSINGTON, KENDAL LA8 8AG

PROPOSAL: ERECTION OF ONE WIND TURBINE (32.4M TO BLADE TIP)

MR J M WILSON E349310 N489721 31/07/2012

SUMMARY: The proposed siting of a 34.2 metre high wind turbine on agricultural land in this location would result in a detrimental impact on the surrounding landscape. This outweighs any environmental, economic and energy benefits that the proposal would have.

HELSINGTON PARISH COUNCIL: Helsington Parish Council has concerns for the loss of visual amenity arising from wind turbines. However this wind turbine is moderate in size and not in a particularly prominent position in the landscape. Therefore, balancing the moderate loss of visual amenity against the national need to reduce carbon omissions, there is no objection to the wind turbine in this particular planning application. However, there remains a general concern for the installation of wind turbines on the high ground between Kendal and the Lyth Valley. That general area, particularly the western escarpment which is exposed to the prevailing winds, is likely to prove attractive to wind turbine operators. That same area is also an extremely valuable landscape asset. More significant installation of wind turbines, whether larger turbines, or wind turbine “farms”, or a general proliferation would cause significant damage to the quality of the landscape. That damage to the landscape would then be harmful to the tourist industry, which is locally and regionally important. These concerns are applicable to the whole of the high ground to the west of Kendal, which lies within several Parishes.

UNDERBARROW AND BRADLEYFIELD PARISH COUNCIL: No objections. It is of course in Helsington parish and the Council feels that the development would not be seen by most of our parish.

NATLAND PARISH COUNCIL: The Parish Council support this application, although it is realised that the development will be clearly visible from the parish. The Council recognises that farmers need to diversify and this proposal will provide the farmer with an additional regular income through a government subsidy. The Council does have concerns, however, regarding the intrusion in a high quality landscape and feels that the proposed development should not be allowed to set a precedent which could lead to a proliferation of such turbines beside farms and isolated properties in open countryside. It is also hoped that the planners will require that a suitable dark colour is used to minimize the light effect from a fast revolving blade.

LEVENS PARISH COUNCIL: No comments to make on this planning application.

KENDAL TOWN COUNCIL: Refuse – visual impact on landscape close to Lake District National Park, and also would set a precedent.

CUMBRIA HIGHWAYS: The proposal is broadly acceptable to Highways. The site access needs to be identified on a plan. The route choice for deliveries will need careful consideration as Whetstone Lane and the access route through the town may present difficulties even with standard sized lorries. Further comments on the additional information to be reported.

CUMBRIA COUNTY COUNCIL HISTORIC ENVIRONMENT OFFICER: Although I have no objections or comments to make regarding the impact of the proposed development on buried archaeological remains, I do suggest that, because the turbine will lie in reasonable proximity to a Scheduled Monument, it would be in line with best practice to consult English Heritage regarding any impact on the setting of the monument.

ENGLISH HERITAGE Do not wish to offer any comments on this occasion. The application should be determined in accordance with national and local policy guidance, and on the basis of your specialist conservation advice.

SLDC ENVIRONMENTAL PROTECTION OFFICER: Satisfied that potential noise impact has been investigated and sufficient data provided by the applicant by way of rating assessment. Although no site specific background noise survey has been undertaken in this location, I would consider the distance from the turbine to the nearest residential property (outside of the applicants ownership) sufficient to reduce any propagated noise below that of which would be likely to give rise to adverse impact on neighbouring properties in line with current guidance.

NATURAL : The proposal lies within 50 m of Scout and Cunswick Scar Site of Special Scientific Interest (SSSI) and within 5 km of the Morecambe Bay Special Area of Conservation (SAC), Special Protection Area (SPA), Ramsar site and SSSI. We do not envisage any direct impact upon these sites resulting from the proposal. There is a growing body of evidence linking turbines (both large and small-scale turbines) with negative effects on bat populations. Impacts include collision with rotors, disorientation by ultrasound emissions and interference with flight paths to and from feeding areas. To minimise risks, the siting of wind turbines must be carefully considered. Sites to avoid are turbines set in woodland or on woodland edges, along watercourses, by open water, or by linear features such as hedgerows that bats use for foraging and commuting routes. We note in the submitted Design and Access Statement that the proposed location lies more than 50 m from habitats within Scout and Cunswick SSSI, but it is important also to consider habitats, including any trees or hedgerows, which may lie in near proximity within the farm boundary. Further details are required on the potential for bats provided by habitats with 50 m of the proposed turbine location before we can make any comments on the possible risks to bat species. We note in the submitted Design and Access Statement that some mention is made about potential bird impacts and the likelihood that most birds will be less sensitive species. However, no consideration appears to have been given to establish whether there might also be sensitive bird species present in the near area which could be particularly vulnerable. We therefore recommend that a desk study is carried out to determine local presence of sensitive bird species. Some additional field survey work may then be necessary to determine whether the proposal lies on the flight lines of any local sensitive breeding or wintering bird populations. The proposed development site is not located within any sites designated for their landscape value. However, landscape issues should be considered with any proposal, as the development should always compliment the local character and distinctiveness of the surrounding area. Natural England considers that the landscape and visual impact assessment has been carried out to an appropriate methodology. We consider the conclusions in this respect, set out in the submitted Design and Access Statement for the proposed turbine, to be acceptable.

Response to further information The protected species survey has identified that bats, a European protected species may be affected by this application. Our Standing Advice Species Sheet: Bats provides advice to planners on deciding if there is a “reasonable likelihood” of bats being present. It also provides advice on survey and mitigation requirements. We are now satisfied that due consideration has been given to the potential use of the area by sensitive bird species. We accept the findings of the report which suggest that there are no known records of sensitive bird species in the vicinity and the proposed development is unlikely to have a significant impact on local bird populations.

RSPB: The RSPB consider that there is insufficient information with which to determine the impact from this proposed development. A desk based bird survey is required. An assessment of any significant populations of birds sensitive to wind farm developments on or overflying the site can then be made, with site based bird surveys undertaken as appropriate. Awaiting a response to the additional information.

LAKE DISTRICT NATIONAL PARK AUTHORITY: Due to the topography of the area and the location of the National Park boundary starting at the edge of the escarpment of Scout Scar, the National Park Authority does not consider that the proposed development would have any significant effect upon the landscape character of the National Park. The effect of the development on the setting of the National Park has also been considered. The development would have some effect upon the approach to the National Park and some views towards it from the south east, but not such that would have a significant effect upon the setting. If however the National Park boundary was to be extended in the manner that has been proposed, then we would consider that the development would cause harm to the landscape character of that part of the National Park. A National Park has the highest status of protection in relation to landscape and scenic beauty (National Planning Policy Statement Para 115). If you require further advice about the progress of the intended National Park extension and the weight to be given to this intended designation, you should contact Natural England.

FRIENDS OF THE LAKE DISTRICT (CPRE): The National Planning Policy Framework reiterates the importance of recognising the intrinsic character and beauty of the countryside as a Core Planning Principle (17). LDF Core Strategy Policy CS8.2 states that proposals for development should be informed by, and be sympathetic to, distinctive landscape character types. The site lies within Landscape Sub-Type 3a “Open Farmland and Pavements”, as defined by Cumbria Landscape Character Assessment (LCA). The LCA notes that this is a rare and unusual landscape which is varied and interesting due to the range of limestone features and the strong sense of history derived from pre-historic features and medieval enclosure patterns. The Vision states that the high scenic quality of these limestone hills will be conserved and enhanced. Development proposals will respect the open unspoilt tops and commons and will avoid causing disruption in the lower-scale patterns of farmland, woods and villages. Guidelines are given to protect uncluttered skylines and key views to and from the area from large-scale energy infrastructure developments such as large scale wind turbines, pylons or telecommunications masts. The LCA highlights the linkage with the Lake District National Park, noting that the sub type continues into the national park around Grange and Kendal and is classified as Type C – Coastal Limestone in the Lake District National Park Landscape Character Assessment. The proposed site lies within an area which is currently under consideration for inclusion in the Lake District National Park. That the area in question is judged to be of National Park quality should therefore be a key material consideration in FLD’s view, as should the potential impact upon the setting of the National Park. The National Planning Policy Framework states that great weight should be given to conserving landscape and scenic beauty in National Parks (115). The Lake District National Park Landscape Character Assessment and Guidelines notes in regard to Type C that, energy related development (wind turbines, pylons) would interrupt key skylines and views out towards the coast or of the rocky outcrops and hills, eroding valuable landscape quality. A strong sense of openness, with generally uninterrupted skylines, coupled with strong intervisibility with adjacent Landscape Character Types to the south, contribute to overall high visual sensitivity. Overall capacity to accommodate change without compromising key characteristics is considered to be limited. Guidelines are given to protect key views and skylines from inappropriate development and clutter in order to retain a strong sense of openness within views. The Cumbria Wind Energy SPD incorporates 3a into the wider type 3 “Coastal Limestone”, which is judged to have a low capacity to accommodate turbine development. The guidance clearly describes a high quality landscape, the key characteristics of which severely limit opportunities for turbine development. FLD have concerns therefore, over the potential impact of this proposal, both upon the local landscape, and the Lake District National Park. The turbine would be sited on a very prominent ridge, which clearly demarcates the boundary of the National Park. This ridge is clearly visible across a wide area to the east, from Kendal to Natland. The turbine would, through its form and movement, appear highly conspicuous, and detract significantly from the largely undeveloped skyline. Given these factors, the visual impact of the development would be significant in our view.

NATIONAL TRUST: Sizergh Castle is some 4km south west of Kendal and situated within a setting that is predominantly rural and agricultural, and includes the original estate lands of the Castle. Some of this land is wooded, although the majority forms part of working farms. Overall the Trust owns some 630 hectares of land at Sizergh, including three farm holdings. The vast majority of the Estate was given to the National Trust in 1950. The Castle is a Grade I Listed Building and there are other Grade II * and Grade II buildings and structures associated with it. The formal garden to the north and east / south east of the Castle is a Grade II Registered Historic Park and Garden. It is noted that in particular following the provision of new visitor facilities at Sizergh Castle that its popularity has increased significantly. The high quality of the open space provision made at Sizergh is recognised in the adopted Core Strategy (para 3.25). As a result, walks on the Estate, especially up to Helsington Barrows via Holeslack, have become increasingly well used; indeed the property has encouraged visitors to explore the wider Estate and many more now do so. A network of public rights of way and permitted paths crosses the estate and this access is valued by local people for the rewarding variety of scenery afforded on a short and easy walk. There are vast panoramic views over the Kent estuary and the Lyth Valley from Helsington Barrows, Flashbank and Church Fell, the latter accessible by less energetic visitors in a motor vehicle. The recently issued National Planning Policy Framework, Core Planning Principle 17, has confirmed the importance of the intrinsic character and beauty of the countryside. It is noted that the application site and its wider surroundings, including much of the Sizergh Estate has been recognised as being of particular quality and, following consultations, is being promoted by Natural England as an extension to the Lake District National Park. Local policy is set out in the adopted South Lakeland Core Strategy which requires development to be informed by, and be sympathetic to, distinctive landscape character types (Policy CS8.2). Detailed advice relating to landscape character is provided in the Cumbria Landscape Character Assessment (LCA). The application site and its surroundings fall within the Open Farmlands and Pavements (landscape sub-type 3a) – referred to as a rare and unusual landscape where there is a varied and interesting range of limestone features and a strong sense of history derived from pre-historic features and medieval enclosure patterns. This sub-type continues into the designated National Park. The expectation is that the “high scenic quality of the limestone hills will be conserved and enhanced” with development respecting the open and unspoilt tops and commons and also avoiding disruption in the lower scale patterns of farmland, wood and villages (Vision section). Guidelines for landscape sub-type 3a include: “Protect uncluttered skylines and key views to and from the area from large- scale energy infrastructure developments such as large scale wind turbines, pylons or telecommunications masts…” Advice in the adopted Cumbria Wind Energy SPD is that the location has a low capacity to accommodate wind turbines. It is referred to as being a landscape valued for its generally harmonious and unspoilt character. It states that turbines of any size are likely to upset the sensitive balance of features of the area and to appear incongruous. Furthermore, turbines would detract from the landmark skylines of limestone escarpments, with a potential to conflict with the inherent landscape characteristics and wider scenic compositions. Clearly the application site is part of a sensitive landscape and one in which any wind turbine proposal, including turbines smaller than that proposed, require very careful consideration. The turbine is proposed to be located close to a prominent ridge that forms the present boundary of the National Park and would clearly be visible over a large area, including in the context of the National Park and also the range of heritage assets on the Sizergh Estate. It is considered that the erection of a structure up to 32.4 metres tall in this location would be visually intrusive and detrimental to the identified landscape characteristics of the wider area; furthermore the movement of the turbine blades would accentuate its presence and compound its intrusiveness. Issues for the Kendal area, as set out in the Core Strategy (page 30) include the need to safeguard and enhance its historic assets. This is confirmed in Policy CS2 alongside the need to improve local green infrastructure provision. Policy CS8.1 (fourth bullet point) seeks to protect the countryside from inappropriate development whilst supporting its positive use for, among other things, tourism. It is considered that the proposed turbine would not protect the countryside and would negatively impact upon one of the District’s principal tourism attractions – the Sizergh Estate. It is also considered that the proposal is contrary to Policy CS8.6 which seeks to safeguard and enhance historic environment assets, including their settings. The proposed turbine development will impact, especially visually, upon the setting of a range of heritage assets at Sizergh and in the Trust’s judgement would result in harm to those assets.

FELLS: Wish to object to this application. It is FELLS’ view that:- • the proposed turbine has no economic value in terms of energy generated; • It has no social benefit as defined by the NPPF, apart from the applicant benefiting from the wind energy subsidies. Indeed, it will impact adversely on an area of great sustenance to many people in Kendal and its surroundings who walk the area each day; and • the proposed turbine offers no positive environmental role as set out in the NPPF. It will merely introduce an alien structure into an upland landscape which has been selected, in the ongoing Boundary Review, as suitable for inclusion in the Lake District National Park. In addition to its location within the proposed NP extension, we note that the turbine site is literally alongside the National Trust property that stretches from Brigsteer Woods to parts of Helsington Barrows. At 32.4m (about 100ft) the turbine is still large compared with other structures and buildings nearby and a similar height to the communications mast near the Scout Scar car park. It will be seen from a wide area, significantly from the many very popular footpaths to the south of the Scout Scar range, much used by walkers seeking the wider views. It would also be seen by walkers on The Helm and other viewpoints across the Kent valley. A mast of this size would merely add to the clutter about which concern has already been raised by the County Council. The limestone uplands of Scout Scar (LDNP) and Helsington Barrows (National Trust) and the area around Helsington Church (NT), are hugely popular with walkers and others seeking the wider views. That is why it is proposed to extend the Lake District National Park to include the latter, including the proposed turbine site, as stated above. This area is one of the main “lungs of Kendal”, easily accessible within minutes from the Town and therefore important in sustaining those wanting to get out into lovely countryside for a short walk. The road from Kendal to the area, passing the proposed site, is narrow and winding. The distraction of a 100ft turbine just to the left of a particularly narrow and winding section of road would be a distraction for drivers. Precedent is one of the most serious issues regarding this application. Once something like this is agreed, a precedent is set for more. It would then become progressively more difficult to refuse other applications. Relaxing control of intrusions of this kind into an area proposed as National Park status would be a dangerous step too far. Notably, the LDNP Authority has just rejected an application for a similar sized turbine at Ulcat Row near , whilst Lancaster City Council has rejected similar sized turbines at Wray and Tatham, just inside the Forest of Bowland AONB. We believe similar constraints apply to this site also and to allow this application would surely set an unjustifiable precedent.

MINISTRY OF DEFENCE: No objection.

NATS: No objection.

CIVIL AVIATION AUTHORITY: There is currently a high demand for CAA comment on wind turbine applications which exceeds the capacity of the available resource to respond to requests within the timescales required by Local Planning Authorities. The CAA has no responsibilities for safeguarding sites other than its own property, and a consultation by a Council is taken as a request for clarification of procedural matters. Councils are reminded of their obligations to consult in accordance with ODPM/DfT Circular 1/2003 or Scottish Government Circular 2/2003, and in particular to consult with NATS and the Ministry of Defence as well as any aerodromes listed in Annex 3 of the above documents, taking note of appropriate guidance and policy documentation.

CABLE AND WIRELESS No objection.

JOINT RADIO COMPANY LTD (JRC): This proposal is cleared with respect to radio link infrastructure operated by Electricity North West (formerly United Utilities), United Utilities (Water) and National Grid Gas Networks. In the case of this proposed wind energy development, JRC does not foresee any potential problems based on known interference scenarios and the data you have provided.

ARQIVA (TELEVISION TRANSMISSION): No objections.

TELENT ON BEHALF OF VODAFONE: The nearest Vodafone link is approx. 700m away from your proposal which does not pose a threat to the VF ATP microwave network. Vodafone specify a 100 m minimum separation from turbine to link.

OTHER: Two letters of objection has been received which raise the following concerns: • Wind turbines are an inefficient method of creating energy and the manufacturing costs are more than the electricity they produce. • Photo-voltaic panels would be less intrusive when installed on their property. • The small contribution that the machine will make does not justify the impact on the landscape. This is an area of importance as identified by its likely inclusion to the National Park. One letter has been received which is not an objection but raises the following concerns: • The effect on the appearance of the locality and would prefer it to be sited further east. • Concerned about any additional turbines in the future at the farm, especially as the area has been put forward as an extension to the National Park. Six letters of support have been received which raise the following points: • It is only small compared to wind farms with turbines of heights between 60 and 100 metres. • Only one turbine is proposed. • From Kendal it will be hardly visible. • A few turbines dotted around the skyline is a small price to pay for clean renewable energy. • It is a good location, away from built up areas. • Wind has to be part of the UKs renewable energy needs and projects like this will help meet the UK’s renewable energy targets. • More sustainable forms of energy such as wind turbines should be supported at all levels. • It will help reduce carbon emissions from the farm which helps make local produce greener. Will allow the farm to be more sustainable in the future. • In order for the farm to get this amount of electricity, it needs a turbine of this size. It is better to have one larger turbine than five smaller ones to produce the same amount of electricity. • The noise from the turbine will not be great and will be offset by normal background noise.

DESCRIPTION AND PROPOSAL: The site is within an agricultural field to the west of High House Farm. It is located approximately 2.5 kilometres to the south west of Kendal and 1 kilometre to the east of the village of Brigsteer. The site is approximately 700 metres to the south east of the Lake District National Park boundary and approximately 70 metres from Scout and Cunswick Scars SSSI. The field is bordered by Brigsteer Road to the north west and Whetstone Lane to the south west, along which are stone walls and areas of hedgerow. A public footpath crosses the field to the east. The field rises slightly from the farm buildings to the east. The land to the northeast of Brigsteer Road rises gently away from the highway. The field to the south west of Whetstone Lane rises slightly from the highway. Whetstone Lane is a narrow winding road which connects the A591 to Brigsteer Road. Most of it is single track and has several passing places. The land adjacent to this road comprises gently undulating fields which gradually rise up from the A591 towards the site. Planning permission is sought for the erection of a 50 kW turbine. It would be a three bladed structure measuring 23.6 metres to the base of the hub and 34.2 metres to the tip of the blades, which would have a radius of 9.6 metres. The turbine would be sited 160 metres to the west of the nearest building at High House Farm, 55 metres to the south east of Brigsteer Road, 52 metres to the north east of Whetstone Lane and approximately 100 metres to the west of the public footpath. It would be approximately 52 metres from the nearest hedgerow. There is a group of residential properties to the south east, the closest of which is approximately 410 metres from the site. Access to the site would be off the access to High House Farm and across the field to the south east. There is a scheduled ancient monument to the west of Briggs House Farm, approximately 280 metres from the site. Sizergh Castle is a Grade I Listed Building, approximately 1.8 kilometres to the south and is open to the public. The applicant has stated that the turbine is required to provide electricity for the farm. The size of turbine chosen has been dictated by the amount of electricity used on the farm. If the size of the turbine was reduced, they would require more of them to produce the same amount of electricity.

POLICY ISSUES: National Planning Policy Framework Section 10 Meeting the challenge of climate change, flooding and coastal change - states that planning plays a key role in supporting the delivery of renewable and low carbon energy and associated infrastructure. When determining applications, LPAs should approve the application if its impacts are (or can be made) acceptable. It should also be recognised that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions. Section 11 Conserving and enhancing the natural environment - states that the planning system should seek to protect and enhance valued landscapes and to minimise impacts upon biodiversity.

Regional Policy Policy EM17 of the Regional Spatial Strategy for (RSS) specifically promotes renewable energy sources and states that significant weight should be given to the wider environmental, community and economic benefits of renewable energy schemes. It lists wide-ranging criteria which should be taken into account when assessing renewable energy proposals, including the effects on local amenity, visual impact and nature conservation. The visual impact of such schemes is a matter to be taken into account but should not be used to rule out or place constraints on the development of all, or specific types of, renewable energy technologies. RSS Policy EMI(A) states that priority should be given to conserving and enhancing areas, sites, features and species of international, national, regional and local landscape, natural environment and historic environment importance. RSS Policy DP7 promotes the protection and enhancement of environmental quality, including green infrastructure, but at the same time respecting the character and distinctiveness of landscapes and the maintenance and enhancement of the tranquillity of the open countryside.

Structure Plan Policy Saved Structure Plan Policy R44 states that outside the Lake District National Park and the AONB proposals for renewable energy will be favourably considered if: (1) there is no significant adverse effect on the landscape character, biodiversity and the natural and built heritage of the area either individually or cumulatively through their relationship with other utility infrastructure; (2) there is no significant adverse effect on local amenity, the local economy, highways or telecommunications; and (3) the proposal takes all practicable measures to reduce any adverse impact on the landscape, environment, nature conservation, historical and local community interests. In considering applications for planning permission in relation to the above criteria, and other policies in the Structure Plan, the environmental, economic and energy benefits of renewable energy proposals should be given significant weight. Saved Structure Plan Policy E37 requires development to be compatible with the distinctive characteristics and features of Cumbria’s landscape types Policy E37 requires proposals to be assessed in relation to: (1) locally distinctive natural or built features; (2) visual intrusion or impact; (3) scale in relation to the landscape features; (4) the character of the built environment; (5) public access and community value of the landscape; (6) historic patterns and attributes; (7) biodiversity features, ecological networks and semi-natural habitats; and (8) openness, remoteness and tranquillity.

South Lakeland Core Strategy Policy CS7.7 supports in principle appropriately located renewable energy schemes. It is acknowledged that there are some energy sources which need to be remote from residential areas and other sensitive land uses, and projects should avoid any harmful impact upon the historic environment. Policy CS8.2 states that development proposals should be informed by and be sympathetic to the distinctive character landscapes identified in the Cumbria Landscape Character Guidance and Toolkit. Proposals should demonstrate that their location, scale, design and materials will protect and conserve the special qualities and local distinctiveness of the area. Policy CS8.4 relates to biodiversity and geodiversity and states that all development proposals should protect, enhance and restore the biodiversity and geodiversity value of land and buildings. It also states that development proposals that would have a direct or indirect adverse effect on nationally, sub-regional, regional and local designated sites will not be permitted unless they cannot be located on alternative sites that would cause less or no harm; the benefits of the development clearly outweigh the impacts on the features of the site and the wider network of rural habitats; and prevention, mitigation and compensation measures are provided.

Local Plan Policy Saved Policy C26 of the Local Plan covers wind energy proposals and states that their acceptability will be judged according to whether a number of defined criteria can be satisfied. One of the criteria is that the proposal’s energy contribution and other benefits outweigh any significant adverse impact on the character and appearance of the landscape, the amenity of residential properties, nature conservation, archaeological or geographical interests.

Supplementary Planning Documents The Cumbria Wind Energy Supplementary Planning Guidance, which was adopted in 2007, provides guidance for the consideration of wind energy developments. Part 2 of the guidelines provides specific guidance on landscape and visual issues and identifies the potential capacity of various landscape types throughout the county to accommodate different scales of wind farms. The landscape type for this location is judged to have a low capacity to accommodate turbine development. It states that any type of turbine development would have potential to compromise the picturesque coastal limestone scenery around Morecambe Bay. It would also be liable to upset the sensitive balance of hills, pastureland, woodland, winding lanes, visible archaeological remains, historic buildings and field patterns, with little or no scope for visual linkage or association with comparable structures or regular land cover patterns.

OTHER MATERIAL CONSIDERATIONS: The Cumbria Landscape Character Guidance and Toolkit document was prepared by Cumbria County Council in conjunction with the district authorities in March 2011. The application site lies within the landscape character type of “Open Farmland and Pavements”. The key characteristics of this landscape type are steep scarp limestone slopes, limestone pavement or rocky outcrops; grazed land with stone wall field boundaries; rough pasture as open common or fell in higher areas; sporadic scrub and woodland on steep scarp slopes; stately homes and parklands in lower areas; and extensive open uninterrupted views from high ground. The guidance recommends that, in these areas, uncluttered skylines and key views to and from the area should be protected from large-scale energy infrastructure developments such as large scale wind turbine, pylons or telecommunication masts. The NPPF replaced all the previous PPG and PPS documents. However, the Companion Guide to PPS22: Planning for Renewable Energy is not contained within the list of replaced documents and therefore still a material planning consideration. It states that there is no statutory separation between a wind turbine and a public right of way, however fall over distance is often considered an acceptable separation, and the minimum distance is often taken to be that the turbine blades should not be permitted to oversail a public right of way. Fall over distance is the height of the turbine to the blade tip and 10% is often added to this as a safe separation distance from occupied buildings.

HUMAN RIGHTS ACT: This application has been determined to accord with the rights and limitations of the Act in relation to Article 6 (Right to a fair and public hearing), Article 8 (Right to respect for private and family life, home and correspondence), Article 14 (Prohibition of discrimination) and Article 1 of Protocol 1 (Right to peaceful enjoyment of possessions and protection of property).

ASSESSMENT: There have been no concerns raised from the various consultees in relation to aviation or telecommunications, therefore the main issues in this case are considered to be: • the visual impact of the proposed turbine on the character and appearance of the surrounding rural landscape; • the impact on the amenity of the nearest residential properties; • the potential impact of the structure on protected species of bats and birds; and • the impact on the nearby heritage asset.

Visual Impact The landscape in this area is characterised by gently rolling hills, open fields separated by hedgerows and dry stone walls, areas of limestone pavements and groups of trees. The only vertical structures close to the site, other than the groups of farm buildings and trees, are small scale electricity poles that follow Brigsteer Road to the north and north east of the site and a couple serving the farm. These are generally masked by individual and groups of trees. The land rises beyond the site to the north east where there are areas of trees. The turbine would not be sited on the highest point of the field in which it is to be located. The guidance contained within the Cumbria Landscape Character Guidance and Toolkit and the Wind Energy SPD advises that this landscape character type has low capacity for large scale wind energy developments and uncluttered skies should be protected. The turbine would be sited approximately 700 metres from the Lake District National Park boundary, and is within the proposed extension to the Park. Although this is not a large scale project, the turbine would have an overall height of 34.2 metres. Given the nature of the surrounding landscape and the winding nature of the adjacent road network, close views of the turbine would only be likely immediately adjacent to the site. It would be unlikely to be overly visible from the A591 as the land rises and falls between this highway and the site. The most likely views are from raised areas longer distances from the site, such as The Helm. From Scout Scar the turbine would be unlikely to be overly prominent as there is a large area of trees. The top of the turbine may be visible given its height but the whole structure would be unlikely to be visible and as such the proposal should not adversely affect views out of the National Park. When considering views into the National Park it is important to consider whether the view in which the turbine would be seen is important for appreciating and understanding the context of the National Park. Cunswick and Scout Scars provide important views into the National Park towards the fells to the north. These scars are within the Park and are best understood when viewed from the west. As such, any views over the site towards the National Park should not be detrimental to its designation. The site is located within the proposed extension to the Lake District National Park Boundary. The Order to extend the National Park has been submitted to the Secretary of State and is awaiting a date for a public inquiry which is expected in the autumn. It therefore has a certain amount of weight. However, irrespective of this, the impact should still be assessed on the basis of the impact on the character and appearance of the landscape. As stated above, this landscape character type is particularly sensitive. There are very few other vertical structures close to the site, and given the relatively low lying and gently undulating nature of the landscape, a turbine of this scale would appear overly prominent and would therefore have a detrimental impact on the character and appearance of the landscape. Although a strong justification has been put forward from the applicant, this is not sufficient to outweigh the harm that the turbine would have on this particularly sensitive landscape.

Residential Impact The nearest residential property, outside the ownership of the applicant, is approximately 410 metres from the site. As such the proposal should not adversely impact on residential properties by way of noise or shadow flicker.

Ecological Impact With regard to the potential impact of the development upon the local bat population, the turbine will be sited more than 50 metres from the nearest hedgerow. This is beyond the buffer distance set out in the technical guidance note by Natural England to protect bats and as such the application does not require a full ecology survey. Following the submission of additional information, Natural England are now satisfied that due consideration has been given to the potential use of the area by sensitive bird species.

Heritage Assets Neither the County Council’s Historic Environment Officer or English Heritage have objected to the proposal. However the National Trust have raised various concerns with regards to the impact of the turbine on Sizergh Castle and its setting. The estate extends close to the site, however the Grade I Listed building is located approximately 1.8 kilometres to the south. Given the distance and the undulating nature of the landscape, the turbine will not be seriously detrimental to the character and appearance of this heritage asset or its setting.

Conclusion Although it is recognised that the wind turbine will have wider environmental, economic and energy benefits, it is considered that in this case the harmful visual impact of the proposed turbine outweighs the potential benefits and the application is recommended for refusal.

RECOMMENDATION: REFUSE for the reason below: - The proposed turbine would appear as an isolated and prominent vertical structure which would appear incongruous in its surroundings. As a consequence, the turbine will have a harmful effect on the character and appearance of the landscape and would therefore be in conflict with the aims and objectives of Policy CS8.2 of the adopted South Lakeland Core Strategy, saved Policies R44 and E37 of the Cumbria and Lake District Joint Structure Plan and saved Policy C26 of the South Lakeland Local Plan.