EEC/07/73/HQ Development Control Committee 14 March 2007

Planning/Highway Consultation North Devon District: Proposed Installation of 2 Wind Turbine Generators 100m Tip Height with Transformer Enclosures, Substation Building, Anemometer, Access Tracks and Ancillary Equipment. Land at Cross Moor, Knowstone, South Molton Application No: 43580 Date Consultation received by County Council 8 January 2007

Report of the Director of Environment, Economy and Culture

Please note that the following recommendations are subject to consideration and determination by the Committee before taking effect.

Recommendation: It is recommended that North Devon District Council be advised that Devon County Council: (a) as the Strategic Planning Authority, whilst recognising the possible renewable energy and economic benefits of the proposed development, and the location of the application site on the edge of the Area of Search for Strategic Wind Farm based energy production as identified in the Devon Structure Plan, considers that these benefits are outweighed by the impact of a development of this scale on the local Landscape Character Zones and the adjoining Exmoor National Park and that as such would conflict with the provisions of Devon Structure Plan Policies CO1, and CO2; (b) as the Local Highway Authority, raises no objection in principle to the proposed development subject to the imposition of planning conditions and/or the completion of appropriate legal agreements under Section 106/Section 278 to secure the necessary offsite highway works and traffic management during the construction and decommissioning stage of the development; (c) should the District Council be minded, nevertheless, to grant planning permission, this should only be subject to the prior completion of a Section 106/278 agreement and the imposition of planning conditions to secure these matters summarised in Appendix IV to this Committee report; and (d) should the District Council be minded, nevertheless, to grant planning permission for the development, the application should be referred to the Government Office for the South West as a departure from the Devon Structure Plan as referred to in (a) above.

1. Summary

This report relates to the proposed construction of two wind turbines at Cross Moor, Knowstone, near South Molton, upon which the County Council has been consulted as both Strategic Planning Authority and Local Highway Authority.

2. The Proposal/Background

The proposed development comprises the installation of 2 wind turbines. Each turbine would be 100 metres in height to the tip of the blade with a hub height of 60 metres. The blades would have a diameter of 80 metres, with a rotation speed of 8 to 20 rpm. Each turbine would be capable of generating up to 2.5 megawatts of electricity, with a maximum total generating capacity of 5 MW. As this does not exceed the threshold of 50 MW, in accordance with the provisions of Section 36 of the Electricity Act 1989, the application falls to be determined by North Devon District Council as the Local Planning Authority.

The proposed development also includes ancillary infrastructure, in particular a 65 metre anemometer monitoring mast, an electrical sub-station, trenching and cable installation, onsite access tracks, a temporary on-site concrete batching plant, off-site road improvements and a temporary site compound for the construction period.

The application site is situated approximately 14 km west of Tiverton and 10km east of South Molton and 2km north east of Knowstone.

At the time of writing this report, planning permissions for the erection of wind farms have been obtained on three sites in Devon:

A cluster of 3 x 1 MW wind turbines at Stowford Cross, Bradworthy, (75 metres high to the tip of the blade). Planning permission was granted on appeal in August 2003 and the development is currently operational.

A cluster of 3 x 1.2 MW wind turbines at Higher Darracott, Great Torrington, (81 metres high to the tip of the blade). This application was granted planning permission on appeal in May 2004.

A cluster of 9 x 2.5 MW wind turbines (120m to tip of blade) at Denbrook, near North Tawton. This application was granted planning permission by the Planning Inspectorate on appeal in February 2007.

A fuller summary of the status of grid connected renewable energy projects in Devon both existing and proposed is set out in Appendix I to this report.

Members will recall considering its response to the application for 9 wind turbines at Batsworthy Cross some 3.5km south of the current application site at its last meting and resolving conditionally not to raise any objection to this proposal (Minute *135 refers). Nine Members of the Committee, who conducted the Site Visit to the Batsworthy proposal on 14 February 2007 also took the opportunity to view the Cross Moor proposals at the same time, and were able to observe the possible cumulative effect of the two developments.

The Cross Moor application does not require a formal Environmental Impact Statement under the requirements of the EIA Regulations. However, the applicants have in support of the application submitted an Environmental Report, addressing Construction, Access, Ecology, Landscape, Noise, Aviation, Archaeological and Cultural Heritage considerations.

3. Consultations

As the determining Local Planning Authority, North Devon District Council has carried out the statutory consultations on this application (the County Council being one of these consultations). The County Council, has however been made aware of the consultation responses received from the following organisations.

Exmoor National Park Authority - (6 March 2007) resolved that the ENPA objects to the proposal. The proposed development would have an adverse impact on the landscape, setting and special qualities of the National Park which the statutory National Park purposes, the Development Plans for the site and the National Park, and other local, regional and national policies seek to protect. By virtue of its scale and geometric appearance, and the rotating turbine blades, the proposal would intrude into views out of and into the National Park. This would erode the sense of remoteness, wildness, openness and freedom from visible human artefacts, which is recognised as among the special qualities of the area.

Council for National Parks - objects to both Batsworthy Cross and Cross Moor Wind Energy developments - due to the adverse impact they would have on the setting, landscape and special qualities of the Exmoor National Park, both individually and cumulatively; and the adverse impact that they would have on public enjoyment of the Park's special qualities. (26 February 2007).

Campaign to Protect Rural England (North Devon Group) - objects to the proposals for the reasons summarised in a letter of 27 February 2007 which is reproduced as Appendix II to this report. (CPRE in conjunction with the Two Moors Campaign (see Section 4 below) has jointly commissioned the Living Landscapes Consultancy to examine the landscape impacts in more detail. This report concludes, inter alia, that additional landscape information should be requested from the applicants, that the applicant's Environmental Report underestimates the level of impact on the Exmoor Landscape Character Area particularly the importance of the tranquil Yeo Valley to the setting and special character of the National Park). (A full copy of the Living Landscapes Report is available for Members' Inspection in the Members' Room and also at the Committee).

4. Advertisement/Representations

The application has been statutorily advertised and subject to some pre-application publicity by the applicants in the locality. All representations are normally invited to be submitted to the North Devon District Council as the determining Local Planning Authority. However, the County Council has been directly in receipt of a significant number of individual representations.

At the time of writing this report a total of 88 letters of objection and 66 letters of support have been received.

Additionally a petition has been submitted to the County Council (received 6 March 2007) with 552 signatories expressing support for the application.

The letters of objection asking the County Council to object to this application raise the following principal concerns.

• lack of local consultation by the applicants; • negative landscape impact/proximity to the Exmoor National Park; • severe impact on tourism and on the local and regional economy; • negative impact on residential and agricultural holdings value; • detrimental effect of noise/shadow flicker; • detrimental to wildlife interests - birds, bats, butterflies, moths etc; • possible adverse effect on watercourses; • outside the Devon Structure Plan "Area of Search" for strategic wind farm provision; • interference to television signals; • impact on setting of historic buildings; • highway safety concerns, including ice throw; • inefficient technology in tackling greenhouse gas emissions.

The letters of objection include copies of submissions from the Ramblers' Association (Devon Area) and the Exmoor Society which have been made to the North Devon District Council and a particular submission made to the County Council from the Two Moors Campaign an action group constituted to oppose the construction of large commercial wind turbines within the areas of the south of the Exmoor Fringe. This latter submission is reproduced as Appendix III to this report and also refers to the Living Landscape Consultancy's Report jointly commissioned with the CPRE as referred as to in (3) above.

The letters of support received directly by the County Council contend that the proposed Cross Moor development:

• lies within the Devon Structure Plan "Area of Search for Strategic wind farm provision;" • is not in a prominent position, is lower than many surrounding elevations, and viewed from Exmoor would be set against a background of distant landscape; • is in a landform that would be able to absorb the turbines without enduring harm; • would not adversely affect tourism; • has an existing grid connection close to the site - no need for additional pylons; • could provide the needs of 2,700 homes and save carbon emissions; • has good road access from the North Devon Link Road, via B3227; • affects few dwellings in the vicinity; • proposals have been adjusted from 3 to 2 turbines with other mitigations to reduce wildlife concerns (particularly bats).

Copies of all these letters of representation, together with any further letters subsequently received, will be displayed and made available for Members' inspection at the Committee.

5. Planning Policy Considerations

In considering this application the County Council as the Strategic Planning Authority is required to have regard to the provisions of the Development Plan insofar as they are material to the application, and to any other material considerations. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that where regard is to be had to the Development Plan, the determination shall be in accordance with the Development Plan unless material considerations indicate otherwise.

Regional Planning Guidance for the South West: RPG10: Policies SS20 (Rural Land including Urban Fringe Uses); EN1 (Landscape and Biodiversity); EN3 (The Historic Environment); and RE6 (Energy Generation and Use).

Devon Structure Plan 2001 - 2016 (Adopted October 2004) : Policies ST1 (Sustainable Development); ST3 (Self Sufficiency of Devon s Communities); ST16 (Local Centres and Rural Areas); CO1 (Landscape Character and Local Distinctiveness); CO2 (National Parks); CO8 (Archaeology); CO9 (Biodiversity and Earth Science Diversity); CO10 (Protection of Nature Conservation Sites and Species); CO12 (Renewable Energy Developments); CO13 (Protecting Water Resources and Flood Defence); CO14 (Conserving Agricultural Land); CO16 (Noise Pollution); and TR10 (Strategic Road Network).

North Devon Local Plan 1995 2011 (adopted July 2006): Policies DVS1A (Sustainable Development); DVS3 (Amenity Considerations); ENV1 (Development and Countryside); ENV4 (Exmoor National Park); ENV 7 (Agricultural Land); ENV8 (Biodiversity); ENV11 (Protected Species); ENV12 (Locally Important Wildlife or Geological Sites); ENV14 (Locally Important Archaeological Sites); TRA6 (General Highway Considerations) and ECN15 (Renewable Energy).

Devon County Waste Plan (Adopted June 2006): Policy WPC5 (Waste Audit) applies.

Emerging policy which may be regarded as a material consideration includes: The Draft Regional Spatial Strategy for the South West: (June 2006) : Policies SD1 (The Ecological Footprint); SD2 (Climate Change); SD3 (The Environment and Natural Resources); SD4 (Sustainable Communities; ENV1 (Protecting and Enhancing the Region’s Natural and Historic Environment); ENV2 (Landscape Character Areas); ENV3 (Protected Landscapes); ENV4 (Nature Conservation); ENV5 (Historic Environment; RE1 (Renewable Electricity Targets: 2010 and 2020); RE3 (Renewable Heat Targets); RE4 (Meeting the Targets Through Development of New Resources); RE5 (Renewable Energy and New Development); RE6 (Water Resources; and RE7 (Sustainable Land Management).

In preparing this report regard has been given to relevant National Planning Policy guidance, particularly: PPS1 (Delivering Sustainable Development); PPS7 (Sustainable Development in Rural Areas); PPG8 (Telecommunications); PPS9 (Biodiversity and Geological Conservation); PPS11 (Regional Spatial Strategies); PPS12 (Local Development Frameworks); PPG13 (Transport); PPG15 (Planning and the Historic Environment); PPG16 (Archaeology and Planning); PPS22 (Renewable Energy); PPS23 (Planning and Pollution Control); PPG24 (Planning and Noise) and the DCLG’s Good Practice Guide on Planning and Tourism.

Emerging national policy which may also be regarded as a material consideration includes the Consultation Draft PPS1 supplement on Planning and Climate Change (December 2006).

6. Highway and Transportation Considerations

The primary highway consideration is the means of access to the application site for construction traffic, in particular long loads, the provision for on-going maintenance vehicles and visitors when the wind farm is in operation, and ultimately traffic associated with the decommissioning of the site.

The applicants have identified one potential route to the site for the transportation of turbine components by road via the M5 Motorway to Junction 27, then along the A361 (North Devon Link road) to the Hayne Cross junction and then back along the B3227 to the site.

Appropriate conditions could be applied if planning consent is given to secure temporary off- site works required for the management of construction traffic as the first phase of the development. An agreement under Section 278 of the Highways Act 1980 with the Local Highway Authority, subsequent to the grant of planning consent, would ensure the appropriate design, specification, construction and drainage of the engineering works. Appropriate traffic management during the construction and decommissioning phases could be secured under a Section 106 Agreement, or a Grampian style planning condition. This potential route is considered to be achievable and acceptable in highway network terms, subject to delivery of the identified works within the highway, together with appropriate accommodation works.

Once construction operations are complete, the traffic attracted to the site is anticipated to be minimal, comprising on-going maintenance vehicles and visitors to the site. The application does not make provision for a visitor centre or visitor parking. The longer term impact on the highway network is viewed to be acceptable.

Subject to the imposition of conditions and completion of Section 278 and 106 Agreements to secure the necessary highways improvements and traffic management during construction and decommissioning phases, the necessary highway requirements could be achieved.

In representations received the issue of Highway Safety has been raised. There are no distance regulations which apply to the siting of wind turbines in relation to the public highway. The issue is referred to in the Comparison Guide to PPS22 in Paras 52-57 of Technical Annex 8 relating to wind. This advises that a wind turbine erected in accordance with best engineering practice should be a stable structure but that they should be set back from roads and railways at least its fall over distance so as to achieve maximum safety. In this instance this would be 100 metres and the proposed location of these 2 turbines would both exceed that minimum distance. In terms of concerns expressed that ice may form on turbine blades and be projected, it is observed that ice build up is not a problem that has been experienced in the South West but elsewhere. Where it has occurred, technological solutions have been applied which include ice detection, blade warming and automatic shut down facilities. Given the distance of the turbines from the highway here, it is not considered appropriate for the County Council as Local Highway Authority to request any specific requirements.

7. Sustainability Considerations

The proposed development has significant sustainability implications. By signing the Kyoto Climate Change Agreement, the UK Government committed itself to reducing its greenhouse gas emissions by 12.5% below 1990 levels over the period 2008 - 2012. To contribute to this commitment, the Government has set a target for 10% of electricity production to be supplied from renewable sources by the year 2010, with an aspiration to double this by 2020. Increased generation of renewable energy is also important for maintaining secure and competitive energy supplies within the UK, a prominent theme in the Government's ongoing Energy Review.

Planning Policy Statement 22: Renewable Energy (July 2004) promotes increased development of renewable energy resources in order to meet these commitments. PPS22 also states that the wider environmental and economic benefits of renewable energy projects should be given significant weight in determining applications.

Another aspect of sustainability, however is the quality of the environment within which the proposed wind farm would be located and a balancing judgement must be made as to whether a development of this magnitude would have an irreversible damaging effect on the environment within which it sits, such as to override the renewable energy benefits.

8. Archaeological Considerations

The Cultural Heritage section of the applicant's Environmental Report has identified a number of archaeological sites that may be affected by the proposed construction of the turbines and access roads/tracks. These include the site of a post-medieval linhay; a series of ditched rectangular enclosures, a curvilinear feature and a crossing of the historic Knowstone/Bishops Nympton parish boundary.

Given the potential impact on these sites, it is considered that should the District Council be minded to grant planning permission, it should be subject to a condition (in accordance with PPS16 advice) requiring that no development takes place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved by the local planning authority; and that the development is thereafter carried out only in strict accordance with such a scheme. This will ensure that an appropriate record is made of any archaeological evidence that may be affected by the development.

The programme of work envisaged initially would take the form of the excavation of a series of evaluative trenches in affected areas such as the access tracks, service/cable trenches, turbine foundations and hedgebank crossings. These investigations would inform any required mitigation - which may include the micro re-siting of turbines and associated infrastructure or further archaeological excavation and investigation, and recording.

9. Landscape and Recreation Considerations

Landscape

The framework for a response to such a proposal is provided by Devon Structure Plan (DSP) policy. Renewable energy is dealt with by Policy C012, which contains a proviso that consideration of the impact of any such proposal upon the qualities and special features of the landscape must be undertaken. These impacts may be conveniently judged against the relevant landscape policies in the DSP, in this case Policies CO1, CO2 and CO4.

Policy CO1 is the landscape policy, concerned with maintaining the qualities and features of Devon's distinctive landscapes. This requires that the qualities and features relevant to the County's 32 Landscape Character Zones (LCZ), as identified by DSP Map 5, be sustained and enhanced and that proposals should be informed by and be sympathetic to the relevant landscape character and quality.

The proposal site lies within the Witheridge-Rackenford Moor LCZ. This Zone is described as a high, undulating series of ridges with extensive views north and south and which includes distinctive tree groups. Much of the Zone is unaffected by development, but the crossing of the Zone by the A361 North Devon Link has made a noticeable, if limited, impact on the integrity of the Zone's landscape. Outside the immediate area of the A361 the Zone is described as, in landscape character terms, exhibiting a face of Devon's past. Concerns are thus raised in the description that further incursions should not be made into the landscape and character of the Zone so that what does remain can be retained.

The site itself occupies pasture land on a ridge trending broadly east-west and here surrounding the head waters of a tributary of the Crooked Oak River. The ridge generally forms the watershed between the Crooked Oak valley system to the south and the River Yeo valley system to the north. The site is characterised by medium sized fields surrounded by well-maintained hedges, often on banks. To the north, beyond the Yeo Valley, rises the east-west ridge which forms the southern edge of Exmoor National Park. This is a landscape of medium-sized fields separated by well-marked hedges, rising to unimproved moorland on the ridge top. Cutting into this ridge are some distinct north-south valleys. These are well-wooded, which accentuates their distinctive appearance. To the south the landscape quickly descends into the steep-sided deep and wooded valley of the Crooked Oak, beyond which it rises to the higher land of Beaple's Moor, Batsworthy and Nutcombe Ridge, an area of improved hedged pasture. East and west of the proposal site the hedged pastoral landscape of the ridge continues over Luckett Moor (east) and Paul's Moor (west).

The proposal is for the erection of two turbines, each approximately 100m in height. Given the description of the appearance and character of the locality described above, the conclusion may be drawn that the proposed development is not compatible with the appearance and character of the relevant LCZ.

The nature of the topography is such, however, that there are a number of locations within the LCZ, including some quite close ones, from which the proposal will not be visible. However, there are wide areas from which it will be prominent in the landscape, having a substantial impact on the LCZ's character and appearance, including areas to the east and west (various locations along the B3227, Owlaborough Moor, the road between Wadham Cross and Great Wadham, Kerscott), and the south (Rose Ash, Little Ash Moor, Beaple's Moor, Hares Down, Roachill). This breadth of visibility, combined with the greatly uncharacteristic appearance of the proposal in the landscape, means that there is inevitably a substantial impact on the Witheridge - Rackenford Moor LCZ.

In addition, it may be possible for a proposal to have an adverse impact on a neighbouring LCZ. In this case, the proposal site is only approximately 1km south of the LCZ boundary of the Exmoor Fringe, which here comprises the east-west valley of the River Yeo and its steep sides, often marked by woodland. On the north the valley side is cut by deep, wooded and steep valleys cut north-south into the flank. This area is designated as AGLV and, as well as its aesthetic attractions is also notable for a quiet and remote character. While the topography means that views of the proposal are not possible from the valley floor or, generally, the southern side, from the northern side the proposal will be seen prominently over the southern lip of the valley, adding an incongruous element to the landscape.

North of the Exmoor Fringe LCZ, and beginning just below the lip of the northern flank of the valley, is the Exmoor Upland LCZ. Details of the impact are set out in the discussion on the impact on the Exmoor National Park (DSP policy CO2; see below). However, the impact detailed there means that there is also an impact on this LCZ.

In the light of the impact of development which does not enhance or sustain the character and features of three of DCC's LCZs (Witheridge - Rackenford Moor, Exmoor Fringe, Exmoor Upland) and which, indeed, could be said to have an adverse impact on their respective characters, the proposed development is considered not to accord with the provisions of DSP policy CO1.

In terms of DSP Policy CO2, the boundary of Exmoor National Park is approximately 4km north of the proposal site and there is inter-visibility between the site and the southern rim of the National Park.

Views from the east-west ridge which forms the southern ridge of the National Park, as exemplified by views from the ridge road over Molland Common and West Anstey Common, are very wide ranging southwards. In good visibility the northern edge of Dartmoor may be seen, with the whole of central Devon laid out below. This is an iconic view, virtually undisturbed by visual elements unsympathetic to the character and appearance of this wide area. The proposal would introduce two very uncharacteristic, vertical elements, clearly visible on a prominent ridge seen as relatively close range within the wide and distant outlook possible. Policy CO2 requires that particular care be taken that no development be permitted outside the National Park which would damage its natural beauty, character and special qualities. It is considered that the introduction of such uncharacteristic landscape features in such proximity would have an adverse impact on the character and special qualities of the National Park and thus not accord with the provisions of DSP Policy CO2.

Further, there are wide areas south of the site from which the proposal would be visible in the foreground of the view towards the National Park. Locations such as Rose Ash, Little Ash Moor, Beaple's Moor, Hares Down and Roachill would all experience such an impact. The view from such areas of the distinctive southern edge of Exmoor, fronted by the slopes of the Yeo Valley, forms an important and characteristic setting of the National Park. The imposition of uncharacteristic features in the foreground of such an important setting would also have an adverse impact on the character and special qualities of the National Park and reinforce the concerns expressed in respect of DSP Policy CO2.

DSP Policy CO4 requires that development in a designated Area of Great Landscape Value should be limited in its visual impact, such areas having the conservation and enhancement of their landscape as the primary objective.

An AGLV covers the Yeo Valley, less than 1 km north of the proposal site. However, as Policy CO4 refers only to development within AGLVs, then even if there were an adverse impact on parts of the AGLV, the particulars of this policy would not apply.

Two Moors Way

The Two Moors Way is Devon's major north-south cross-County walking route. Structure Plan Policy TO6 seeks to protect such routes, but only so far as their physical integrity is concerned. Also Objective ED5 of the County Council's approved Landscape Role and Action Programme (RAP) aims to use the strategic Long-Distance Footpath network (including the Two Moors Way) as a basis of prioritising landscape action. Thus an adverse impact on the landscape setting of the route might not be seen to be compatible with the essence of the RAP.

Substantial lengths of the Two Moors Way would be afforded a view of the proposed turbines. This includes lengths with Exmoor National Park north of Badlake Moor Cross as well as areas at Owlaborough Moor, near Knowstone and near Creacombe. This would have an impact on the setting of the route and thus in terms of the promotion of the route as a means of sampling unspoilt Devon this would be a disadvantage. However, the physical integrity of the route is not impacted upon.

Cumulative Effects

The application site is approximately 3.5km north of another current proposal for 9 turbines at Batsworthy Cross (considered by the Committee at its meetings on 24 January and 14 February 2007). The two sites are inter-visible, and both are also visible from many of the locations considered regarding this proposal. There is thus a cumulative effect, both on visibility but also on character impacts. This is nowhere addressed in the applicant's submitted Environmental Report.

Most of the landscape and visual impacts addressed earlier in respect of the Cross Moor proposal are exacerbated by the potential proximity of the Batsworthy Cross proposal. The only element not to be so exacerbated is the setting of the National Park as viewed from the south.

10. Nature Conservation Considerations

The application site comprises agriculturally improved and semi-improved grassland of limited nature conservation significance, although a number of features of some wildlife interest are present around the site, including hedges, small water features and valley woodlands.

There are no statutory or non-statutory nature conservation designations in the immediate vicinity of the application site. There are, however, four Culm grassland County Wildlife Sites located within 500 metres of it (plus a further, unconfirmed woodland County Wildlife Site), but it is considered that the proposed development should not result in any significant adverse impact upon these.

The ecological surveys which have been undertaken do confirm the presence of European Protected Species around the application site, notably bats (with four species recorded at modest numbers) and dormice, which were found to be present at high densities. However, in the light of the detailed design and recent modifications to the proposal (i.e. the reduction to just two turbines and the re-positioning of the turbines away from the field boundaries), there is not considered to be any very significant risk of harm to these species, although there is some limited potential for impact as a result of the breaching of hedges and the possibility of collision between the turbine blades and flying bats.

11. Comments/Issues

The consideration of the County Council’s response as the County Planning Authority, to the consultation on the proposed development involves weighing up a number of issues and impacts. These are examined in more detail below:

Contribution to Renewable Energy Targets

Policy RE6 of the Regional Planning Guidance for the South West (RPG 10) sets a regional target of, a minimum of 11 15% of electricity production to be from renewable sources by 2010 and states that local authorities, energy suppliers and other agencies should support and encourage the region to meet this target.

The REvision 2010 report (July 2004), prepared by Regen SW for the GOSW, identifies sub regional targets for the development of renewable electricity by 2010 within the South West region. These targets are based on an assessment of resource capacity and take into account environmental constraints, such as landscape sensitivity.

This sub regional target has been incorporated into Policy CO12 of the Devon Structure Plan (adopted October 2004), relating to renewable energy developments.

Policy CO12 states:

Provision should be made for renewable energy developments, including offshore developments in the context of Devon s sub regional target of 151 MW of electricity production from land-based renewable sources by 2010 subject to the consideration of their impact upon the qualities and special features of the landscape and upon those living and working nearby.

In providing for strategic wind based energy production in the period to 2016, priority should be given to locations within the Area of Search identified on the Key Diagram.

The 151mw sub-regional target for 2010 is further reiterated in the emerging Regional Spatial Strategy for the South West with recognition that on shore wind schemes will be required to achieve the majority of this target. REvision 2020 (June 2005) took forward the target beyond 2010 and indicated that in line with government policy indicates that at least 20% of installed generating capacity (850MWe) should be provided from renewable resources in the South West by 2020. This builds upon the 611MWe target in REvision 2010. This target is now also reflected in the Draft Regional Spatial Strategy for the South West (2006-2026) in policies RE1 and RE4.

A total of 44.25 MW of renewable energy capacity is installed or permitted at present in Devon, representing approximately 33% of the 151 MW Structure Plan target. (This is set out in more detail in Appendix I to this report). It is noted that in the appeal decisions at Denbrook, Stowford Cross and Higher Darracott Inspectors gave weight to the contribution of the developments to meeting regional and sub-regional renewable energy targets. A proposal for 22 x 3mw turbines at Fullabrook near Braunton (66MW) is currently before the Secretary of State for Trade and Industry following a Public Inquiry and his decision is expected in early Summer 2007.

The potential contribution from the proposed development

Even though the application site falls on the periphery of the Area of Search for strategic wind based energy production, defined on the Key Diagram of the adopted Devon Structure Plan, the proposal for 5mw of generating capacity at Cross Moor is not considered a strategic development which would make a substantial contribution to the sub regional target stated in DSP Policy C012 and the Area of Search definition is not therefore considered to be one that should be given particular weight in the determination of this case.

The existing technology to harness onshore wind is already technically and financially viable, and it is viewed that this currently provides the greatest scope for delivering the sub regional target by 2010. As wind turbines can be decommissioned effectively, they can be used as a stop gap until more environmentally benign technologies are available in the medium and longer term. The applicant has stated that the lifetime of the development would be 25 years. Should planning permission be granted, it is recommended that it is a temporary permission for 25 years, which would mean that the impacts of the wind farm would be of a limited term rather than permanent. If granting planning permission, contingency for prior cessation and removal/restoration should be secured by a financial guarantee through a Section 106 Agreement.

Alternatives to the Development

In terms of land based wind energy, the alternative to the current proposal would be for:

• strategic wind farms (over 15 MW) in other locations in Devon; and/or • a larger number of smaller wind farms (under 15 MW) in other locations in the County.

There are limited locations within the County where a strategic wind farm can be accommodated on technical and environmental grounds. There may be suitable alternative sites for a strategic development within the Area of Search.

There may be a number of other locations suitable for medium or small scale clusters of wind turbines in Devon. Each would have a different landscape impact to the current proposal.

The target for renewable energy generation could also be met through technologies other than wind energy. At the time of writing this report an appeal has been lodged against the refusal of the biomass plant at Winkleigh. If approved, this could contribute 23 MW to the target. This was the subject of a previous report to this Committee in January 2005 (Report ED/05/22/HQ refers) when it was resolved, on the basis of the information before the Committee, to judge the proposal as contrary to Structure Plan Policy. No other grid connected biomass proposals are currently within the planning system. A 3MW energy from waste facility is currently being pursued in Exeter as well as a number of small scale hydro schemes.

It is viewed that if the county target of 151 MW by 2010 is to be achieved, a combination of such developments will need to be implemented.

Landscape

In making provision for renewable energy facilities, particularly wind based ones, the Structure Plan Explanatory Memorandum gives the following guidance: “Landscape impact is especially important when assessing the potential for the development of wind turbines and wind farms. It is recognised that, while individual wind turbines may be assimilated into the landscape subject to the consideration of local planning issues, larger schemes may, by their nature, be potentially harmful, particularly, to the most valued and vulnerable landscapes."

It also further advises - "Assessments of wind based energy potential based on estimates of average wind speed in excess of 6m/sec (measured at 45 metres high) and having regard to landscape policy areas assessments of wind based energy potential, indicate that a significant part of Devon’s potential wind energy resource lies outside of its designated landscape policy areas. In considering provision for new wind farm development in the period to 2016, priority should therefore be given to the assessment of locations outside of the Landscape Policy Areas identified within the Plan (National Parks, AONBs, AGLVs and CPAs). In this context, Policy CO12 refers to an Area of Search for Wind based Energy Production, and this is shown on the Key Diagram. This Area includes the central part of Torridge District (extending into adjacent parts of West Devon and North Devon) and the central/south eastern part of North Devon District (extending into Mid Devon), with a separate, more limited, area to the south of Ilfracombe within North Devon District. Within this broad Area of Search there may be a number of locations with a viable level of wind energy resource, capable of delivering a strategic scale of renewable energy generation, but District Councils will need to consider any specific sites or proposals in the context of more detailed assessments, including assessments of landscape impact. In doing so, District Councils will need to take account of recent related planning decisions within their area, and have regard to any existing local landscape assessments or studies, such as those that may have been undertaken in the context of Policy CO1 (relating to Landscape Character). Proposals should not conflict with Policy CO2 (relating to National Parks) and Policy CO3 (relating to AONBs) in terms of their potential impact on the designated areas”.

The application site is not covered by any statutory national landscape designations, but as previously identified, lies on the edge of the Area of Search for wind based energy production, the exact boundary having not been defined in more detail through the North Devon Local Plan.

PPS22 (Renewable Energy) which was issued by the Government in August 2004, states that the potential impact on nationally designated areas of renewable energy projects close to their boundaries will be a material consideration, to be taken into account in determining planning applications. It also states, however, that local landscape designations should not be used to refuse planning permission for renewable energy developments.

This is further emphasised in the Draft Consultation on the supplement to PPS1 relating to Planning and Climate Change (December 2006). This indicates that Policies which set stringent requirements for minimising the impact on landscapes should be avoided if they effectively prevent certain types of renewable energy.

Alongside this, PPS7: (Sustainable Development in Rural Areas), states that local planning authorities should, "provide for the sensitive exploitation of renewable energy sources in accordance with the policies set out in PPS22", while continuing, "to ensure that the quality and character of the wider countryside is protected and, where possible, enhanced."

The Devon Structure Plan contains a number of landscape policies of particular relevance. Policy CO1 states that, "the distinctive qualities and features of Devon's Landscape Character Zones should be sustained and enhanced . Policy CO2 requires particular care to be taken to ensure that development outside National Parks does not damage their natural beauty. It is concluded from the commentary in Section (8) above that this development does not accord with the spirit of these two policies.

Nature Conservation

It is not considered there are any substantive grounds upon which to raise any strategic policy objection based on ecological considerations, but there does remain a need to secure measures to mitigate and compensate for the anticipated effects of the development. These should include:

1. A condition requiring the submission of a scheme to demonstrate how the loss of hedges (i.e. at the site entrance and for the access track) has been minimised as far as practical and setting out those measures which will be taken to compensate for the unavoidable losses (i.e. which should include some new tree/shrub planting, a programme of enhancements to existing, retained hedges and the possible translocation of the short length of hedge which will be affected at the site entrance).

2. A condition relating to the timing of any vegetation clearance, to ensure that any potential risk to nesting birds is avoided.

3. A condition requiring further ecological survey work, especially to check on the potential presence of badgers, to be undertaken in advance of the commencement of the development

12. Conclusions

The determination of the County Council's response to the consultation on this proposal requires that the identified adverse environmental impacts be balanced against the national, regional and structure plan policies relating to the provision for renewable energy developments. The contribution that this development could make to Devon s 151 MW renewable energy targets is a key factor.

The application site falls on the edge of the Area of Search for Strategic Wind Based Energy Production identified in the Devon Structure Plan. The Area of Search does not carry a presumption in favour of wind farm developments. The Structure Plan envisages that individual applications within the Area of Search will in any case need to be considered in the context of detailed assessments including landscape assessments and studies. In terms of the impact of the landscape, there clearly are impacts on the character of the LCZ in which the proposal is situated (Witheridge-Rackenford Moor), both local to the proposal site itself and also at greater distances. It is concluded that whilst such impacts are intermittent and varying, they constitute such an imposition of uncharacteristic features over a breadth of the landscape such as to be substantially adverse.

In addition the development would visually impact upon two neighbouring LCZs to the north, Exmoor Fringe and Exmoor Upland. The uncharacteristic nature of the proposal in relation to those two LCZs would result in an adverse impact on the visual amenity and character of both. It is considered therefore that this development should be regarded as being at variance with DSP policy CO1.

The development would be clearly visible from Exmoor National Park (approx 4km away at its nearest point). The introduction of what would be perceived as uncharacteristic and incongruous elements would adversely impact the character and special qualities of the National Park itself.

The proposal would also be widely visible as a close foreground element in views of the National Park from the south. The introduction of such uncharacteristic and incongruous elements in the setting of the National Park would also result in an adverse impact on its character and special qualities, and as such it is considered the proposed development would not accord with the provisions of DSP Policy CO2.

There would also be a visual impact on the landscape and character of the AGLV covering the Yeo Valley and the Exmoor Fringe. However, DSP Policy CO4 relates only to development within an AGLV so, notwithstanding this impact, the proposal should not be regarded to be in breach of the policy.

The impact on the setting of certain sections of the Two Moors Way is recognised but as the integrity of the route is not physically compromised, the proposal is not considered to conflict with DSP Policy TO6.

There are potential cumulative effects arising from other proposals in the area at Batsworthy Cross and possibly in future at Bickham Moor which would exacerbate most of the adverse impacts outlined above.

These impacts need then to be then balanced in the context of DSP policy CO12. This Policy indicates that landscape issues need to be judged against the provision requirements set out in CO12. The limited 5 MW generating capacity of these 2 turbines needs to be weighed against the identified adverse landscape impacts on the qualities and special features of the landscape, including those of a National Park, a landscape of national importance. In this instance it is considered that greater weight should be given to these landscape concerns in the analysis of the various issues to be considered.

13. Reasons for Recommendation/Alternative Options Considered

The Committee has the options of objecting, raising no objection, or not responding to this consultation. It is considered that it would be unreasonable for the County Council not to respond to a consultation on a development of this importance. The proposed wind farm would make a contribution to meeting the Structure Plan target for renewable energy production in Devon, and it is unlikely that this target would be achieved without some wind based energy developments. However, the key determining issue here is the balance between the need for this development to meet the agreed targets and the adverse impacts on the local and national landscape.

Although the proposed site is on the edge of the DSP's Area of Search for strategic wind based energy developments, its effect on a sensitive local landscape and its close proximity to the Exmoor National Park is considered such that North Devon District Council should be advised that the authority considers the proposal to be contrary to Policies CO1, and CO2 of the Devon Structure Plan.

Edward Chorlton Electoral Division: South Molton Rural

Local Government Act 1972

List of Background Papers

Contact for enquiries: Malcolm West

Room No: ABG

Tel No: (01392) 382867

Background Paper Date File Ref.

Casework file Current 43580

ab270207dca sn/land at cross moor 6 hq 080307 Appendix I To EEC/07/73/HQ

Summary of Grid Connected Renewable Energy Projects in Devon - March 2007

(a) Existing Grid connected Renewable Energy Projects installed or with planning permission at March 2006 based upon REGEN SW published information:

• 10mw Landfill Gas • 6.5mw hydro • 1.5mw biogas • 1.0mw sewage gas • 2.7mw (3x0.9 turbines) at Forestmoor, Stowford Cross Bradworthy commissioned March 2005. • 3.9mw (3x1.3mw turbines) at Darracott Torrington. Allowed on appeal but not yet constructed.

Total 25.6mw

(b) Unimplemented permissions not included in REGEN SW total.

• 0.65mw turbine at Swingdon, Clawton, (Torridge) • 18mw (9x2mw turbines) at Denbrook. North Tawton (West Devon) allowed on appeal (Feb - 2007) 120m to tip.

Total 18.65mw

(c) Current grid connected renewable Energy Projects in the planning process:

• 23 mw Biomass Power Station at Winkleigh refused 2006, Appeal lodged Nov 2006 • 66mw (22x3mw turbines) at Fullabrook (North Devon) (110m to tip) DTI determination decision awaited following Public Inquiry Nov. 2006 - January 2007. • 22.5mw (9 x 2.5mw Wind Turbines) at Batsworthy Cross, Knowstone (North Devon) (100m to tip). Committee considered 14 Feb 2007. Not yet determined by NDDC. • 3.6MW (2 x 1.8mw Community Wind Turbines) as part of Sherford New Community Planning Application (South Hams) (120m to tip). Not yet determined. • 5mw (2 x 2.5mw Turbines) at Cross Moor, Knowstone/East Anstey (North Devon District). Not yet determined. • 4.95mw (3 x 1.65mw Turbines) at Beech Tree Farm, East Allington (South Hams) (95m to tip). Not yet determined.

Total 125.05mw

(d) Pre planning but in public arena

• 6mw (3x 2 mw turbines) Wheelers Farm, Bradworthy (Torridge). • 3mw Energy from Waste Scheme at Marsh Barton, Exeter (Exeter City). • 4-6mw wind cluster, Bickham Moor, Rackenford (Mid Devon).

Total 13-15mw approx.

(e) Total installed capacity of all schemes (a)-(d) inclusive:

= 182.30mw - 184.30mw

Appendix II To EEC/07/73/HQ

NORTH DEVON GROUP

Huckleberry East Knowstone South Molton North Devon EX36 4DZ

Registered Charity No. 245317 Tel: 01398 341623

27 February 2007 Mr Malcolm West Development Control Manager Devon County Council County Hall Topsham Road Exeter EX2 4QD BY EMAIL

Dear Mr West

Re: Cross Moor Wind Farm Application

After careful consideration CPRE is objecting the above proposal for the broad reasons set out below.

The benefits to be gained from the proposal do not outweigh the harm which will be done, the key points of which are set out below.

• The proposed to turbines would have a severe adverse effect on Exmoor National Park due to their height, prominence, form and movement of the blades.

• The proposed turbines would have a severe adverse effect on the setting of the National Park due to their height, prominence, form and movement of the blades. Furthermore, the setting of the National Park would be adversely affected both looking towards the National Park and looking out from the National Park, especially from the higher moorland across the panoramic views towards Dartmoor.

• The turbines would have a detrimental impact on the Devon Landscape Character Zone “Rackenford and Witheridge Moors” within which the site lies. The turbines would have a major detrimental impact on the Devon Landscape Character Zone “Exmoor Fringe” the boundary of which lies 1km to the north of the site. 1 This LCZ is also designated as an Area of Great Landscape Value.

• There would be a detrimental impact upon those living and working nearby, especially upon the business known as Oaktree Fishery, a tourist and angling business, which lies just 850m from the nearest turbine. 2

1 The Devon Landscape Devon County Council 2002 2 See www.oaktreefishery.co.uk

• The applicant has not carried out a noise assessment from nearby properties.

CPRE believes that the proposal breaches the following Development Plan Policies:

Regional Spatial Strategy (RPG10)

Policy SS3: The proposal will not conserve and enhance the landscape and will not recognise the landscape as a major asset in the drive to encourage regeneration, nor will it conserve and enhance important environmental assets.

Policy EN1: The proposal will not provide for the strong protection and enhancement of Exmoor National Park.

Devon Structure Plan

High Level Aim 1: The proposal will not enhance and conserve the Quality of Devon’s environment and its local distinctiveness, its special beauty and the characteristics of the countryside.

Policy CO1: The proposal will not sustain and enhance the distinctive qualities and features of Devon’s Landscape Zones, nor is it informed by or sympathetic to the landscape character and quality.

Policy CO2: The proposal will damage the natural beauty, character and special quality of Exmoor National Park, and will prejudice the achievement of National Park purposes.

Policy CO4: Although outside the boundary of the AGLV, the proposal will impact upon the AGLV. The proposal will not conserve and enhance the landscape quality or the individual character of the AGLV, and the visual impact upon the AGLV will not be limited.

Policy CO12: The proposal will breach CO1, CO2 and CO4 and will have a detrimental impact upon the conditions of those living and working nearby. The proposal will, therefore, breach CO12. Furthermore, CPRE believes that the proposal site lies just outside of the “Area of Search for Wind based for Energy Production” referred to in paragraph 4.73 of the Explanatory Memorandum to Policy CO12.

North Devon Local Plan.

Policy ENV1: The proposal will not provide economic or social benefits to the local community, nor will it protect and enhance the beauty and diversity of the landscape and its historical character.

Policy ENV4: The proposal will harm the natural beauty, along with the public enjoyment and understanding of the special qualities of Exmoor National Park.

Policy ECN15: The proposal will have a significant impact on the local environment. It will adversely affect the visual character of its surroundings. It will significantly affect the living conditions of the occupants of residential properties, and the amenities of other uses in the locality. It will also significantly harm the character of the landscape.

PPS 22, para. 14 “….the potential impact on [national parks] of renewable energy projects close to their boundaries will be a material consideration in determining planning applications”

Draft South West Regional Spatial Strategy

Policy ENV1: The proposal will not protect and enhance the quality, character and diversity of the natural and historic environment in the South West.

Policy ENV3: The proposal, although outside of Exmoor National Park, will damage its natural beauty, character and special qualities and will prejudice the achievement of National Park purpose.

CPRE was so concerned over the potential impact upon the landscape that it commissioned, jointly with the Two Moors Campaign, Ms Fiona Fyfe of Living Landscapes Consultancy to examine these issues in more depth. Ms Fyfe’s report needs to be read in conjunction with this letter.

CPRE would welcome you taking into account the issues raised above when formulating your recommendations on the Cross Moor proposal.

Yours sincerely

Bob Barfoot, Chairman, CPRE North Devon.

For and on behalf of CPRE Devon

Appendix III To EEC/07/73/HQ

TWO MOORS CAMPAIGN PO Box 132,Tiverton, Devon EX16 OAP www.twomoorscampaign.co.uk

Clean Energy -Yes Giant Wind Turbines – No Mr M West Devon County Council Development Control Manager County Hall Topsham Road EXETER EX2 4QD

Dear Mr West

I write on behalf of the Two Moors Campaign, an action group constituted to oppose the construction of large commercial wind turbines within the areas to the south of the Exmoor fringe. The Campaign supports realistic renewable energy and a sustainable rural environment, but opposes the industrialisation of rural Devon and supports the conservation of Devon’s historic landscape.

The Two Moors Campaign objects to the above proposal on the following grounds:

The application has not been accompanied by a full Environmental Impact Assessment, which is required in order to determine the full effects this may have on the environment. With turbines over 15m tall, the application falls within the EIA Regulations 1999 and within such close proximity to the Exmoor National Park, it is considered that it would be of great assistance to have more details covering aspects of landscape, ecology and noise not covered by the present application details.

Site selection. The applicant has not erected a wind measuring mast in accordance with government guidance and therefore has not been able to assess the potential from this site. The application is therefore speculative and without supporting data which could have altered the location of the turbines or perhaps have reduced their height in this sensitive location.

The site is on the very border of the County Search Area and is outside the areas suggested for wind development in “The Landscape Implications of Windfarm Development in North Devon”, the Pearson Report. It is an inappropriate location.

Landscape issues. A report has been commissioned jointly by Two Moors Campaign and the CPRE, Devon Branch, to undertake a review of the information provided by the applicant. It is clear from that report, a copy of which has already been forwarded to the County Council, that the proposed turbines at 100m tall, in this location, would have a major adverse impact on the setting of Exmoor National Park.

The scale of the development is totally out of keeping with the area and the moving structures will be highly visible from large areas of Exmoor National Park.

The Two Moors Campaign supports realistic renewable energy and a sustainable rural environment The Two Moors Campaign is against the industrialisation of rural Devon and supports the conservation of our historic landscape

The site could also potentially be within just 3km of the Batsworthy Cross wind turbine proposal which would add to the proliferation of visual clutter in this vicinity and remove the qualities for which the National Park designation was intended. There will be a significant loss to the qualities of remoteness, wildness and tranquillity by the addition of these massive industrial structures.

The proposal is therefore in breach of DCC Structure Plan Policy CO2.

The turbines would also have a major negative impact on the landscape character zone within which they are located, “the Rackenford-Witheridge Moors” and impact also on the adjacent “Exmoor Fringe” landscape character zone lying just 1km to the north of the site, as identified in the Devon Landscape (Devon County Council 2002). Since the Exmoor Fringe is also an Area of Outstanding Landscape Value it is therefore considered that the proposal is in breach of DCC Structure Plan CO1 and CO4.

There will also be a loss of local amenity to the residents and those working nearby, especially those in the tourism industry and at the local fishery, just 850m from the nearest turbine, Oakford Fishery. This is in breach of DCC Structure Plan Policy CO1, CO2 and in regard to the fishery CO12.

The turbines will have a negative impact on the setting of nearby listed buildings at East, Middle and West Lee.

There will be further visual intrusion with the connection to the National Grid going above ground to the north towards the National Park.

The installation of these turbines will also lead to unacceptable alterations to the local road network to construct these massive structures, and once in place to service them with new parts over their suggested lifetime.

In conclusion, the supposed benefits obtained from this site do not outweigh the negative impact on the landscape and the application therefore fails to meet the government requirement for renewable energy projects to satisfactorily address their environmental impact.

I therefore request that you recommend that an objection is raised to this application by the DCC Development Control Committee.

Yours sincerely

Caroline Harvey Secretary Two Moors Campaign

The Two Moors Campaign supports realistic renewable energy and a sustainable rural environment The Two Moors Campaign is against the industrialisation of rural Devon and supports the conservation of our historic landscape

Appendix IV To EEC/07/73/HQ

Devon County Council Requirements in Event of North Devon District Council being minded to Grant Planning Permission

(i) the prior completion of a Section 106 agreement to secure a financial guarantee for the removal of the turbines off the site and restoration of the site after 25 years or in the event of prior cessation of operation; maintenance of a nature conservation management scheme; and off site noise monitoring for the duration of the development;

(ii) the prior completion of a Section 106 agreement/or the imposition of a Grampian condition to secure appropriate traffic management and off site highway works during the construction and decommissioning stages;

(iii) the prior completion of a Section 278 Agreement to secure the appropriate design, specification, construction and drainage of all off site highway works secured in (ii) above;

(iv) the imposition of planning conditions to secure:

(a) 25 year planning permission/reinstatement and decommissioning scheme;

(b) access details including drainage, and visibility and maintenance of access;

(c) nature conservation mitigation (including timing of vegetation clearance and further ecological survey works) and monitoring scheme;

(d) archaeological survey, mitigation and recording scheme;

(e) detailed approval of micro-siting of turbines and any other engineering works;

(f) noise limits and mitigation scheme;

(g) hedgerow opening details and reinstatements;

(h) details of grid connection.