Allerdale Borough Council Planning Application

Allerdale Borough Council

Planning Application

Reference No: 2/2012/0315 Received: 19 April 2012 Proposed Erection of a 67m single wind turbine Development: Location: Land to The West Of Goose Green Farm Crookdake Aspatria Wigton Applicant: Empirica Investments Limited

Drawing Numbers: Figure No. 1 - Location Plan (amendment received 5 July 2012) Figure No. 4 - Site Layout Plan Figure No. 6.1 - Turbine Elevation Plan Figure 6.2 - Construction Cross Section Drawing No. 6.3 - Indicative Sub-station Elevation Plan Figure No. 7 - Block Plan Drawing No. 4 - Site Access Plan (amendment received 5 July 2012) Drawing No. 3 - Site Boundary Plan (amendment received 5 July 2012) Ecological Scoping Assessment December 2011 Bat Survey and Assessment July 2102 (amendment received 4 July 2012)

Constraints: British Coal Area

Policies: North West Regional Strategy

Policy DP1 - Spatial principles Policy DP9 - Reduce emissions and adapt to climate change Policy EM17 - Renewable Energy

Cumbria and Lake District Joint Structure Plan

Policy E35 - Areas and features of nature conservation interests other than those of national and international conservation importance Policy E37 - Landscape character Policy R44 - Renewable energy outside the Lake District National Park and AONBs Allerdale Local Plan, Adopted 1999 (Saved)

Policy EN10 - Restoration, after uses cease Policy EN19 - Landscape Protection Policy EN25 - Protecting the open countryside Policy EN32 - Protecting wildlife protected by law Policy EN5 - Pollution Control Policy EN6 - Location of potentially polluting development

National Planning Policy Framework

Relevant Planning 2/2012/0123 Temporary siting of 50m meteorological mast - History: Approved

SCR/2011/0045 Screening opinion request for a proposed wind turbine – Not EIA development.

Representations: Parish/Town Council – Refuse on the grounds of cumulative impact and impact on the landscape (23/07/12).

Bromfield Parish– No objections (06/06/12). Bromfield Parish - Following an open meeting of the parish council and hearing views of the parishioners we would like to object to the application on the grounds of cumulative impact on the landscape (29/06/12).

Cumbria Highways – No objections subject to conditions attached.

RSPB – The RSPB are satisfied that the applicant has contacted Tullie House, Carlisle for desk based survey information and that the conclusion from this data is that impacts on significant populations of bird species sensitive to windfarm developments is unlikely.

Ministry of Defence – No objections

Environment Agency – We have no comment to make.

Environmental Health – No objections subject to conditions attached.

County Archaeologist – The site lies in area of archaeological potential. No objections raised subject to a condition attached securing archaeological recording is carried out.

Natural England – The proposal does not appear to affect any statutorily protected sites or landscapes, or have significant impacts on the conservation of soils, nor id the proposal EIA development.

Natural England suggests that consideration is given to re-siting the turbine to ensure that turbine sweep is a minimum of 50m from habitat features. In this way additional survey works may not be required. (25/05/12).

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

Carlisle Airport – No objections.

Public Rights of Way Officer – No objection as the wind turbine is outside of the fall zone for the public footpath.

United Utilities – No objections.

Fire Officer – No reply received to date.

Cumbria Wildlife Trust – On the basis of the bat report provided, Cumbria Wildlife Trust remove their objection. If the application is approved we would recommend a condition attached recommending the enhancements in the report are carried out (11/07/12). Cumbria Wildlife Trust – Objects to the proposal on the grounds of potential adverse effect on bats (25/05/12).

Arqiva - No objections.

NATS – No safeguarding objection.

The application has been advertised on site and adjoining owners have been notified.

A letter of objection has been received from FORCE who recommend the application be refused. As a group, whilst supporting renewable energy, they are concerned about the irreversible loss and damage to the rural landscape, through inappropriate wind farm developments, combined with the negative impacts on local rural communities. Their concerns are: • The LVIA limits their study to 5km around the application site. They have good reason to impose this limit as a wider study would have had to include a large amount of wind energy development as part of a cumulative assessment. A full study of the cumulative impact has not been carried out and is not in accordance with the Cumbria Wind Energy Supplementary Document. • We cannot find in the supporting documents which accompany the application any clear information on the benefits of the scheme. Nowhere does it state the electricity generated by this turbine would be used to supply Goose Green Farm. It seems the intention is to export all the power to the National Grid. It appears the turbine will remain in the ownership of the wind company with the landowner will received an annual income to assist in the diversification of the farm. FORCE consider this to be a very lose interpretation of farm diversification. • The Planning and Design Statement all refers to outdated PPS guidance to support the application which has now been replaced by the NPPF. • We are extremely concerned to read in the Planning and Design Statement that five residential receptors were identified as at risk of experiencing noise levels in excess of the ETSU R97 limit following simplified assessment. Whilst we acknowledge that a further 7 day background noise and wind speed monitoring assessment has been done, it is unlikely to reassure concerned residents particularly when no definitive decision on which model of turbine would be used. • With a blade tip height of 67m, this turbine would be towards the upper end of medium scale and could never be regarded as small. This should be kept in mind when considering the visual impact and effects on the local amenity, receptors and the landscape. The application site on Goose Green Farm is an extremely tranquil one. • It would be inappropriate to give consent for this scheme before the bat surveys are completed.

Two objection letters have been received from Westnewton Action Group. Their concerns are: • The developer has referred to the turbine as relatively small. The turbine does not constitute a small scale turbine under the DECC definition. • The turbine will not be supplying on-site demand but will be feeding directly into the national grid. • The turbine stands on rising ground just 500m from the A596, and therefore be clearly visible for several miles in either direction of travel along the road and seen in line with numerous existing turbines erected and approved. • The submitted photomontages do not provide a true representation of the area and are of poor quality. • An assessment has not be carried out appropriately on the key receptors in the area, with one in particular stating the owner of a property can mitigate the effect by planting trees in their boundary. • The LVIA states “there are no other wind farms within or immediately adjacent to the study area therefore there is no potential cumulative impact and assessment”. This shows a full landscape assessment including cumulative impact has not been carried out. • The developer has failed to consider the potential landscape effects adequately or in a proper manner. • The proposal is purely commercial enterprise rather than one which is meant simply to provide agricultural diversification. • The turbine would increase the cumulative visual impact in the area.

15 further letters of objection have been received. The concerns are: • The distance the turbines are from domestic properties in the area and that the turbines will be visible from the dwellings • The turbine will create nothing for the local community in terms of jobs or other facilities, and on its own will contribute very little towards national electricity generation. • The proposed turbine will be visible in line with the existing turbines at Hell Rigg, Bothel, Langrigg, Great Orton and The Pow, Aikton to name a few plus other turbines that have been approved but yet to be erected. • The turbine would be an overbearing structure and would have a significantly detrimental effect on visual amenity. The LVIA does not take into account properties close by that will be affected by the proposal. • Nearby landowners have not been notified about the application, therefore the application should be nullified. • The size of the turbine is completely out of scale for the location in a rural, tranquil setting. • The creation of the access into the field and delivery of the turbine would result in a loss of vital BAP species • The lane could not withstand any 25m truck plus cargo. • Flicker/noise from the turbine would create a problem for walkers, horse riders and farmers using the public right of way and nearby residential properties. • Wind turbines are an inefficient form of renewable energy. The attraction is the considerable government subsidy for all involved in their manufacture and siting. • Owners of the access road would provide consent for use to convey the turbine to site. • Another massive industrial machine to be placed in an entirely rural location where it will be alien and out of context. • Cumulative effect.

Report The Proposal

The proposal relates to a planning application for the erection of a single wind turbine with three blades. The wind turbine would have a hub height of 45m and a maximum ground to tip height of approximately 67m. The proposal includes: • Base work to secure the turbines to the site • Underground wires to connect to the national grid

The turbine model for which the various assessments that accompanied the application have used to attain the findings is the Enercon E44, which has a rated power of 900kW. The final choice of turbine would be subject to a competitive tendering process but would have similar specifications to the Enercon E44.

Site and Surroundings

The site is part of a field within an existing farm holding, which lies within the open countryside. The main settlement of Aspatria is approx 4km to the southwest. The smaller settlements of Langrigg is to the northwest (approx 2.0km), Fletchertown to the south east (approx 2.5km) and the hamlet of Crookdake lies 1km to the southeast.

Green Goose Farm is located approximately 350m to the east of the site. The land levels are gently undulating, with the railway line lying approximately 230m from the site and the A596 is in excess of 550m both to the north. There is an area of woodland to the south of the site. Isolated trees and hedgerows border the fields.

Within the vicinity of the site, existing man made vertical structures of pylons and buildings stand, with roads and railway line nearby. The surrounding area is generally fields, interspersed by traditional field hedging and isolated dwellings/farm buildings. A large area of woodland stands to the south of the proposed site.

Access to the site is from the A596, then along an existing unmade track/public footpath.

Requirement for Environmental Impact Assessment

The Local Planning Authority have issued a screening opinion that the proposed development does not constitute EIA development and an EIA is not required to be submitted with an application for planning permission.

Planning Policy

Renewable energy developments are supported by the National Planning Policy Framework (NPPF) which outlines that there should be a presumption in favour of sustainable development under paragraph 14. Under Chapter 10 of the NPPF it outlines there is a presumption to approve applications for renewable energy proposals unless material considerations indicate otherwise (paragraph 98).

The NPPF states that the delivery of low carbon energy and associated infrastructure is central to the economic social and environmental dimensions of sustainable development. In determining planning applications, LPA’s should:

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

This positive approach to renewables is underpinned by the Climate Change Act and binding legal targets to reduce carbon emissions.

At the regional level, the North West of England Plan Regional Spatial Strategy to 2021 (RSS) Policy DP9 supports the reduction of greenhouse gas emissions, and EM17 encourages the installation of renewable energy generation, where certain criteria are met. The RSS also contains regional targets for Cumbria. Whilst the Localism Act proposes the abolition of the RSS, a consideration that may be given some weight, the RSS remains part of the Development Plan for the present time. Further, the intention to abolish the RSS in this instance is considered to carry less weight because the underlying binding targets of the Climate Change Act will remain.

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

As the property is not located within any special landscape designations (including local) the proposal would be in compliance with Policy EN25 of the Local Plan when read in conjunction with the NPPF chapters 109, 110 and 115. The Cumbria and Lake District Joint Structure Plan, under Policy E37, stipulates that development should be compatible with the distinctive characteristics and features of the landscape, requiring future proposals to be assessed in terms of relevance, visual intrusion, scale in relation to the landscape and remoteness and tranquillity.

The objectives of Policy EN6 of the Allerdale Local Plan seek to safeguard sensitive development from pollution generating proposals which would concur with the objectives of the NPPF.

The proposal as a whole is considered to be in line with the NPPF.

Overall (as reflected in the policies) the merits of the proposed development relate to balancing whether the economic, social and environmental benefits of the proposed renewable energy development outweigh any environmental impact of the proposed turbines.

Assessment

Needs/Benefits

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

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

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

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

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

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

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

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

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

Landscape and Visual Impact

The applicant submitted a Landscape and Visual Assessment with accompanying photomontages with the application. The report carried out by NE1: Environments Ltd reports the findings of the LVIA following pre-application advice with Cumbria County Council.

However, upon consideration of the report officers considered the report had not sufficiently taken into account cumulative impact and requested further information be provided on this along with a further assessment of the impact on nearby properties be carried out.

The applicant has carried out these works and provided an amended LVIA that includes six viewpoints and 13 receptor groups.

Within the Cumbria County Council landscape classification, the site lies within Landscape Character Area: 5a Ridge and Valley. No national landscape designations apply.

The land in this section of Allerdale forms a series of ridges and valleys that rises gently towards the limestone fringes of the Lakeland Fells. The landscape rises gently to high wide ridges with long views or falls to small, narrow valleys. This application site lies with the valley area and around woodlands, which assists in reducing the landscape impact of the proposed turbine.

In terms of visual impact, the baseline for the survey is up to a 5km radius from the site. The report indentifies that the magnitude of the impact would be slight and therefore not significant.

Public views of the proposed turbine would be possible from along parts of the A596 and surrounding network. In addition there are a number of Public Rights Of Way within the vicinity of the site, with one forming the access route from the A596 to the field the turbine will be located.

Landscape character 5a, is assessed as having a moderate capacity to accommodate wind energy development. This proposal is for a single turbine at this location, at approx. 67m in height, which is considered to be more modest in height than many of the commercially sized turbines, but will be the highest structure in the immediate vicinity. The number of turbines proposed fall within the identified landscape capacity of this landscape character sub-type. It is considered that the single turbine would be of a scale appropriate to the area and not appear out of scale with this expansive landscape.

There is no significant clutter of man-made structures within the immediate vicinity of the site. Given the siting of the turbine on low land adjacent to a woodland area, longer range views will be slightly reduced to a degree by topography, existing buildings, mature trees/woodland and so forth. Visual impact is reduced with distance. In the recent appeal decision for wind energy development at Westnewton, the inspector concluded that despite the intensification of turbines between Workington and Carlisle, the landscape remains the dominant feature and would be described as a landscape with windfarms and not a windfarm landscape. The erection of a single turbine at this location is not considered to alter the description and would not create a sense of the landscape being dominated by wind turbines.

Visual Amenity

Although a public highway runs adjacent to the site it is considered there is sufficient separation distance to ensure that the visual impact of users of the footpaths will not be significant.

The farmhouse lies 400m to the east of the site, with the nearest residential property not to have an interest in the development being Bramblewood, which lies 500m to the east of the site. There are a number of individual properties spread out along the road links beyond this distance. The applicant has provided photomontages from six viewpoints, four of these from surrounding properties. Views of the turbine from these properties are visible in most cases, however due to the orientation of the dwellings there are no views with unobstructed views towards the turbine. Officers consider the turbine would not appear visually dominant to residents of the localities. For those properties which have views towards the turbine the applicant has offered a range of mitigation measures that could be carried out by the developer with the consent of the landowners to screen or filter views, reducing the visual impact.

As such officers concur with the submitted LVIA insofar as the likely visual effects of the proposed turbine are not considered to be significant to warrant refusal.

Cumulative Impact

The applicants amended LVIA assesses the cumulative effects (simultaneous, successive, sequential and perceptual) caused by the development of the site in conjunction with other operational, approved and submitted sites within the planning system.

There is an approved scheme for the erection of 3 turbines, 107m high at Warwick Hall Farm, Westnewton that will lie approximately 4.8km east of the proposed site. Existing wind farms erected around the site are Park Head, Silloth wind farm which comprises of 4 turbines (approximately 121m to tip) 8.3km northwest of the site, High Pow, Bolton Low Houses wind farm comprising of 3 turbines (approximately 95m to tip) 6.5km east of the site and Wharrels Hill, Bothel wind farm comprising of 8 turbines (approximately 81m to tip) 6.1km south of the site. Other sporadic turbine development and wind farms extend across the borough with many single turbines pending and approved in the vicinity, some of which have already been constructed. These are:

• 2/2012/0603 Prospect House, High Scales 1 turbine tip height of 67m approximately 1.65km north east of proposal – pending. • 2/2010/0722 Prospect House, High Scales 1 turbine tip height of 20.3m approximately 1.48km north east of proposal – approved. • 2/2010/0370 Brayton Park, Brayton 1 turbine tip height of 62m approximately 1.7km north south west of proposal – approved. • 2/2011/0589 Langrigg Hall, Langrigg 4 turbines tip height of 27.13m approximately 2.56km north of proposal – approved. • 2/2010/0988 Crossrigg Farm, Westnewton 1 turbine tip height of 20.4m approximately 3.36km west of proposal – approved. • 2/2010/0992 Stubbsgill Farm, Yearngill 1 turbine tip height of 20.4m approximately 3.29km west of proposal – approved. • 2/2009/0335 Stepping Stones Farm, Abbeytown 1 turbine tip height of 17.7m approximately 4.7km north of proposal – approved. • 2/2012/0753 Firs farm, Crookdake 1 turbine tip height of 45m approximately 1.87km east of proposal – pending. • 2/2012/0026 Land at High Aketon Farm, Wigton 1 turbine tip height of 27.13m approximately 2.03km east of proposal – approved.

Numerous screening opinions have been received throughout Allerdale, however these have not been considered in the cumulative assessment as they are not considered proposed development sites at this stage.

The number of existing or approved turbines of all scales within the locality is increasing. However, in considering the scale of the current proposal and the separation distances involved to other turbine developments, the magnitude of potential landscape and visual impacts cumulatively of this and other turbines, are not considered significant cumulative effects in terms of either landscape character or visual amenity to warrant refusal.

The proposed turbine from some view points will be visible along with the existing erected turbines and approved turbines in the area when erected as shown on the submitted photomontages. However due to the proposal been only for a single turbine and the existing landscape and man made features any visual interaction would be limited. The siting of the turbine within low level land reduces the sequential cumulative effect of turbines located along the A596. As such, the proposal is not considered to give rise to significant cumulative effects in terms of either landscape character or visual amenity.

Designations

The site is in excess of 6.5km of the Lake District National Park and the Solway Coast AONB. The proposed turbine would be too far away and too inconspicuous to result in any harm to the special qualities of either of these designations.

Biodiversity

The site does not fall within any designated sites and there are no designated sites within 2km of the site. A Goose/swan and feeding area lies approximately 2.09km to the north of the site.

The turbine has been sited 20m of a hedgerow, with the blade sweep being over the hedgerow. An Ecological Scoping Assessment was submitted with the application. The assessments conclude that due to its habitats and location, breeding bird populations at the site (and immediately surrounding area) would consist of a small number of a limited range of generally common species at low risk from turbine collision. The impact of their potential displacement into large areas of similar habitat locally would be negligible with regard to their conservation status in the area. Further survey and assessment work is not considered necessary for this site as the risk of affecting important bird population is considered very low.

However, due to the siting of the turbine in close proximity to hedges it was considered that a further detailed bat survey was required. The following scope was applied to the site:

• Walked transects of the site carried out by an experienced surveyor during April and June • Static monitoring carried out in both April and June

The static monitoring recorded 3 species of bats only in both April and June. The pass numbers were very low ranging from between 0-6 passes per night in April and 0-12 in June. To provide some context to these results, a nearby hedgerow location with good levels of bat activity monitored over identical periods and with identical equipment returned over 950 bat passes.

These results indicate that populations of all these species are considered to be at low risk from wind turbines and the number of bats present at the site, coupled with their low risk status suggests that significant impacts on bat populations can be reasonably ruled out.

Due to the restricted planning boundaries it can be difficult to enhance wind turbine sites without creating conflicting potential conflicts. However at this site an opportunity presents itself to provide enhanced habitat in an area which will further attract bats away from the turbine location.

The small field (third to the west of the proposed turbine location) at the intersection of the watercourse and wooded track-way is currently managed as a longer and more diverse grassland and two fruit trees have been planted here. It is proposed that putting in place management to continue this trend and to ‘beat-up’ the hedgerow boundaries of this field would enhance this area for forging bats provide a sustainable commuting link between the track-way and the watercourse which is well away from the proposed turbine. Details of the management plan can be secured under a condition attached to any approval.

Natural England suggests that consideration is given to re-siting the turbine to ensure that turbine sweep is a minimum of 50m from habitat features or additional survey work provided. Cumbria Wildlife Trust (CWT) objected to the proposal on the grounds of the turbine siting in close proximity to hedgerows. However, the applicant did not wish to re-site the turbine and further survey work was carried out. No further consultation response has been received from Natural England and Cumbria Wildlife Trust withdrew their objection following assessment of the further bat survey.

RSPB consider the applicant has contacted Tullie House, Carlisle for desk based survey information and that the conclusion from this data is that impacts on significant populations of bird species sensitive to windfarm developments is unlikely.

Officers consider the proposed turbine has only a slight risk of affecting the existing bat population in this area, which can be further mitigated by the proposed site enhancement. The proposal is considered to be acceptable in relation to relevant local policies and advice contained within the NPPF

Noise

ETSU–R–97 – ‘The assessment and rating of noise from wind turbines’, is the standard guidance document relating to wind turbines. This indicates that noise from wind turbines should be limited to:

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

The application includes a noise assessment which has been assessed by officers within Environmental Protection. No objections are raised subject to conditions that noise from the wind turbine be limited to reflect the ETSU standards. A further condition is also recommended to resolve any complaints received in relation to the turbine. Based on this advice from Environmental Protection, the proposal is considered to be acceptable with regard to noise levels generated.

Shadow Flicker

Research suggests that shadow flicker effects have been proven to occur only within 10 rotor diameters of a turbine. With a rotor diameter of 44m, there is the potential for shadow flicker to occur within 440m of the proposed turbine. No residential dwellings or their associated curtilage areas other than the land owners dwelling Goose Green Farm lie within 440m of the turbine. Should complaints arise regarding shadow flicker, there is the potential for this to be investigated as a nuisance by Environmental Protection.

Electromagnetic Interference (EMI), Aviation and RADAR

The CAA and the MoD have been consulted on the proposal. The MoD and CAA raise no objections and no conditions have been requested with regard to the proposal. The standard response from the CAA for turbines indicates that the CAA has no responsibility for safeguarding sites other than within its own property. The scheme is considered acceptable in terms of aviation safety and radar.

Highways/Traffic Impact

The Highways Authority generally suggest a separation distance between turbines and roads or railways of the height of the turbine plus 10%, to reduce any risks from toppling or icing, (the instances of such occurrences are noted as rare). The separation distance proposed to the highway, is well in excess of this, as such, it is considered that the proposal would not adversely affect the highway or railway in an unacceptable manner in terms of safety.

The proposed wind turbine takes access directly from a single track road which in turn is accessed directly off the A596. The access road leads to an existing access gate which will be used to enter the field. The applicants do not know the full extent of the owners of this road and have been requested to advertise the application in the press to try to find out ownership. Certificate D has been completed, the application has been advertised in the press and land registry records show the access track is unregistered.

The County Council Highways Team has raised no objection to the proposal subject to conditions attached requiring a Construction Management Plan and Construction Method Statement for the construction phase of the development be submitted, to allow the suitability of the access roads for the volume and size of vehicles expected to access the site can be assessed.

Public Rights of Way

The public rights of way officer (PRWO) have raised no objections to the proposal. The wind turbine is outside of the fall zone for the public footpath, however as the access track will follow the alignment of the public footpath (217018) a temporary closure of the path would be required. As such, it is considered that the proposed turbines, once in position, would not adversely affect any public right of way in an unacceptable manner in terms of safety.

The PRWO recommends warning signage is installed stating that vehicles must give way to pedestrians at all times. It is considered this can be secured by condition to provide details of the signs and the proposed locations.

Hydrology, Hydrogeology and Geology

It is considered that adequate mitigation measures can be incorporated into any build to ensure no significant pollution to the water environment, in accordance with saved policy EN5 of the Allerdale Local Plan, First Alteration.

Heritage

There are no landscape designations within the site. There are Sites of Archaeological Interest lying to the north, east and west of the site, which are all within 2km of the site. Three Grade II Listed Buildings lie between 1.28km and 1.48km of the site. There are no further designated sites within 2km of the application sites with the World Heritage Site lying 7.5km northwest. Due to the distance between the turbines and the heritage assets, it is considered the proposal is unlikely to have any significant adverse impacts on such heritage assets.

Officers concur with these findings and therefore the proposal is not considered likely to adversely affect heritage assets to any significant degree. The proposal is therefore considered acceptable in relation to policies CO18 and CO19 of the Local Plan, E38 of the Joint Structure Plan and the guidance contained within the NPPF.

Aviation

Government policy to encourage generation of electricity from renewable resources has led to a proliferation of wind turbine planning applications across the UK. It is therefore vitally important for the Airport operator to properly assess the potential effect of each development in order to safeguard the continued safety of aircraft operations.

Carlisle Airport’s assessment of the proposal revealed no objections.

Financial Implications

There would be no financial implications associated with this development.

Conclusion

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

Recommendation: Approved

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

2. The development hereby permitted shall be carried out solely in accordance with the following plans: Figure No. 1 - Location Plan (amendment received 5 July 2012) Figure No. 4 - Site Layout Plan Figure No. 6.1 - Turbine Elevation Plan Figure 6.2 - Construction Cross Section Drawing No. 6.3 - Indicative Sub-station Elevation Plan Figure No. 7 - Block Plan Drawing No. 4 - Site Access Plan (amendment received 5 July 2012) Drawing No. 3 - Site Boundary Plan (amendment received 5 July 2012) Ecological Scoping Assessment December 2011 Bat Survey and Assessment July 2102 (amendment received 4 July 2012) Reason: In order to comply with Section 51 and Section 91 of the Planning & Compulsory Purchase Act 2004.

3. This permission shall remain valid for a period of 25 years from the date that electricity from the development is first produced ('First Export Date'). The date of the first production of electricity shall be notified in writing to the Local Planning Authority within 28 days of the event occurring. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with Policies EN25 and EN10 of the Allerdale Local Plan, Adopted 1999 (Saved).

4. Not later than 12 months before the end of this permission, a decommissioning and site restoration scheme shall be submitted for the written approval of the Local Planning Authority. The scheme shall make provision for the removal of the wind turbines and the associated above ground equipment and foundations to a depth of at least one metre below ground. The approved scheme shall be fully implemented within 6 months of the expiry of this permission. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with Policies EN25 and EN10 of the Allerdale Local Plan, Adopted 1999 (Saved).

5. If any turbine hereby approved ceases to be operational for a continuous period of at least 6 months, the turbine shall be removed and the land restored in accordance with a decommissioning and site restoration scheme approved in writing by the Local Planning Authority. The decommissioning and site restoration scheme shall be submitted to the Local Planning Authority within three months of the continuous six month cessation period coming to an end. The land shall be restored in accordance with the approved scheme within 6 months of the scheme's approval by the Local Planning Authority. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with Policies EN25 and EN10 of the Allerdale Local Plan, Adopted 1999 (Saved).

6. Within 6 months of the completion of the construction works, any temporary working areas around the turbine shall be removed. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with Policies EN25 and EN10 of the Allerdale Local Plan, Adopted 1999 (Saved).

7. Prior to the erection of the turbine, details of the colour and finish shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out only in accordance with the approved details. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with Policies EN25 and EN10 of the Allerdale Local Plan, Adopted 1999 (Saved).

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

9. All cabling between the turbines and between the turbines and the substation shall be laid underground. Reason: In the interests of visual amenity.

10. The following background noise levels shall not be exceeded when the wind farm is in operation: a) Night time noise limits (11 p.m. to 7 a.m.) - The LA90 (10 minutes) specific noise level shall not exceed 43dB (A) when assessed and measured 3.5m from the façade of the nearest noise sensitive use, namely Crookdake House, Crookdake, Aspatria, Cumbria, CA7 3SH (in existence at the date of this permission) or 5dB above the night time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater. b) Day time noise limits (7 a.m. to 11 p.m.) - The LA90 (10 minutes) specific noise level shall not exceed 40dB (A) when assessed and measured 3.5m from the façade of the nearest noise sensitive use, namely Crookdake House, Crookdake, Aspatria, Cumbria, CA7 3SH (in existence at the date of this permission) or 5dB above the quiet day time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater. Reason: In the interests of residential amenity and in accordance with Policy EN6 of the Allerdale Local Plan Adopted 1999 (Saved).

11. In the event of a complaint being received in writing by the Local Planning Authority alleging noise nuisance at a residential property or properties due to the wind turbine, the wind turbine operator shall, at its expense, employ an independent consultant approved by the Local Planning Authority to measure and assess the level of noise emissions from the wind turbine at the location of the complainants property. The results of the independent consultant's assessment shall be provided in writing to the Local Planning Authority within three months of the date of notification of the complaint. If a breach of the noise limits specified in Condition 10 is confirmed in the assessment the operation of the turbines shall cease until the Local Planning Authority is satisfied that the turbines can operate within the noise limits specified in Condition 10. The operator of the development shall be under no obligation to follow the procedure set out in this condition where the complaint relates to a residential property more than 3 kilometres from the wind turbine generator. Reason: In the interests of residential amenity and in accordance with Policy EN6 of the Allerdale Local Plan Adopted 1999 (Saved).

12. In the event that a written complaint is received relating to electro-magnetic interference a written scheme shall be submitted to and approved by the Local Planning Authority setting out a protocol for the assessment of electro-magnetic interference, including remedial measures. Operation of the turbines shall take place in accordance with the agreed protocol unless the Local Planning Authority gives its prior written consent to any variation. Reason: In order to minimise the risk of nuisance.

13. Development shall not be begun until a Construction Method Statement including details of all on -site construction works, post-construction reinstatement, drainage, mitigation, and other restoratio, together with details of their timetabling has been submitted to and approved in writing by the Local Planning Authority and shall include measures to secure: (1) Formation of the construction compound and access tracks and any areas of hardstanding; (2) Cleaning of site entrances and the adjacnet public highway; (3) temporary site illumination; (4) disposal of surplus materials (5) the sheeting of all HGVs taking spoil to/from the site to prevent spillage or deposit of any materials on the highway; (6) soil storage and handling; (7) post construction restoration/reinstatement of the working area The construction shall be carried out in accordance with the method statement as approved. Reason: In the interest of visual and residential amenity, and to prevent pollution of the environment in accordance with Policies EN6, EN14, EN25 and EN27 of the Allerdale Local Plan, Adopted 1999 (Saved).

14. Development shall not be commenced until a Construction Traffic Management Plan (CTMP) has been submitted to and approved in writing by the Local Planning Authority. The CTMP shall include details of: Development shall not be commenced until a Construction Traffic Management Plan (CTMP) has been submitted to and approved in writing by the Local Planning Authority. The CTMP shall include details of: (1) The construction of the site access and the creation, positioning and maintenance of associated visibility splays; (2) Access gates will be hung to open away from the public highway no less than 10m from the carriageway edge and shall incorporate appropriate visibility displays; (3) Proposed accommodation works and where necessary a programme for their subsequent removal and the reinstatement of street furniture and verges, where required, along the route; (4) The pre-construction road condition established by a detailed survey for accommodation works within the highways boundary conducted with a Highway Authority representative; (5) Details of road improvement, construction specification, strengthening, maintenance and repair commitments if necessary as a consequence of the development; (6) Details of the proposed crossings of the highway verge; (7) Retained areas for vehicle parking, manoeuvring, loading and unloading for their specific purpose during the development; (8) The surfacing of the access roads from the public highway into the site shall extend for a minimum of 25m; (9) Construction vehicle routing; (10) The dimensions of the turbine and associated components; (11) The management of junctions to and crossings of the public highway and other rights of way/footway; (12) The scheduling and timing of movements, details of escorts for abnormal loads and temporary warning signs stating vehicles must give way to pedestrians at all times. The development shall be carried out in accordance with the approved CTMP. Reason: In the interests of highway and public safety.

15. An archaeological watching brief shall be undertaken by a qualified archaeologist during the course of the ground works of the permitted development. The archaeological watching brief shall be in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority in advance of the permitted development. Within two months of the completion of the permitted development, 3 copies of the report shall be furnished to the Local Planning Authority. Reason: To afford reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the investigation and recording of such remains.

16. Prior to the commencement of works details of the site enhancement of the field to the west of the application site as described in paragraph 30 of the Bat Survey Assessment dated July 2012 shall be submitted to and approved by the Local Planning Authority. The approved details shall be fully implemented in accordance with the approved management plan. Reason: To safeguard the habitat of bats, in compliance with Policy EN32 of the Allerdale Local Plan, Adopted 1999 (Saved).

Reasons for The decision to grant planning permission has been taken having Approval regard to the Development Plan, any comments from consultees (including statutory consultees) and any responses from third parties. The decision was taken having regard to relevant planning policy and it was considered that the proposal was acceptable having regard to the national, strategic and local plan policies, supplementary planning guidance/documents and design guidance (set out below) and when taking all other material planning considerations into account.

Particular regard was made to landscape, environmental and renewable energy policies. It was considered that there is not a demonstrable harm to interests of acknowledged importance caused by the development that justifies withholding permission.

North West Regional Strategy

Policy DP1 - Spatial principles Policy DP9 - Reduce emissions and adapt to climate change Policy EM17 - Renewable Energy

Cumbria and Lake District Joint Structure Plan

Allerdale Local Plan, Adopted 1999 (Saved)

National Planning Policy Framework

Proactive The Local Planning Authority has acted positively and proactively Statement in determining this application by assessing the proposal against all material considerations, including planning policies and any stakeholder representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

Notes to The access track for the wind turbine site will follow the alignment Applicant: of a public footpath (217018), therefore a temporary closure of the path may be required to allow for the construction works. The developer will need to contact Karen Bowness at the Lillyhall Highways Office on Tel: 01946 506534 to arrange the necessary temporary closure order. Please not there is a 14 week lead in time for such an order.

No additional gates must be installed across the footpath alignment unless the landowner can prove they are required for the ingress and egress of livestock.