Allerdale Borough Council
2/2012/0594
Reference No: 2/2012/0594 Received: 25 July 2012 Proposed Erection of three wind turbines with a maximum blade tip height of Development: up to 100 metres together with a substation and control building, upgraded access track, connecting internal tracks, associated hardstandings and infrastructure Location: Land at Potato Pot Branthwaite Workington Applicant: Ms Jeny Rawlings Airvolution Energy Limited
Drawing Numbers: PL002 - Proposed New and Upgraded Track PL004 - Turbine Transformer Building PL005 - Proposed Substation and Control Building PLTUB100-80 - Proposed Wind Turbine Elevations and Details A076386/SK001 - Indicative Site Access Priority Junction A076386/SK002 - Visibility Splay A076386/SK003 - Indicative Site Access Priority Junction Tracking 3550-A - General Arrangement of Proposed Foundation AVE_E081_007 - Proposed Site Layout AVE_E081_008 - Redline Boundary Plan Environmental Statement
Constraints: British Coal Area
Policies: National Planning Policy Framework
North West Regional Spatial strategy (RSS)
Policy DP7 - Promote environmental quality Policy EM17 - Renewable Energy Policy
Cumbria and Lake District Joint Structure Plan
Policy E37 - Landscape Character Policy E38 - Historic environment Policy R44 - Renewable energy outside the Lake District National Park and AONBs.
Allerdale Local Plan, Adopted 1999 (Saved)
Policy CO18 - Setting of a Listed building Policy EN6 - Location of potentially polluting development Policy EN10 - Restoration, after uses cease Policy EN19 - Landscape Protection Policy EN24 - Protecting Historic Parks and gardens Policy EN25 - Protecting the open countryside Policy EN32 - Protecting wildlife protected by law Policy EN5 - Pollution Control
Relevant Planning SCR/2011/0005 History:
Representations Greysouthen Parish Council - Objection on the grounds of visual amenity and visual impact. The scale and height of the turbines are considered out of scale with the surrounding landscape and neighbouring communities. Also with cumulative impact with other wind farm developments where turbines will become the defining and dominant feature of the landscape. A planning appeal at Broughton Lodge was refused by the Planning Inspectorate on the grounds of its contribution to the cumulative visual impact of wind farms on the landscape.
The development is less than 1 mile from the boundary of the Lake District National Park. The development will have an impact on the views of the western fells and will be highly visible to walkers on them.
Tourism is increasing revenue for the local economy and it has been reported that Allerdale’s tourism sector is worth £400 million to the economy. Visitors come to the area because of the unspoilt western fells, lakes and surrounding countryside.
Success of this scheme could lead to further wind development on the edge of the Lake District National Park. Wind turbine development in Allerdale has reached a tipping point and other forms of renewable energy should now be explored.
Winscales Parish Council - No objections
Papcastle Parish Council - Recommend refusal on the grounds that such an application will lead to more turbines on similar sites, that the turbines will be visible for miles around and will have a massive visual impact on everyone in the surrounding area, the turbines will be visible from many parishes and will spoil the countryside and if subsidies were withdrawn should the economic situation become worse then the turbines will not be cost effective.
Dean Parish Council – Recommends refusal. The cumulative effect of wind turbines in West Cumbria is visually and environmentally unacceptable. Not satisfied that the forecasts of efficiencies and outputs are realistic and honest. Concern that wind farms are being turned off and are not always available to work on cold high pressure days when fossil fuels will be used.
Cumbria Highways - No objections subject to planning conditions
Environment Agency - The site is located in Flood Zone 1 comprises land as having less than 1 in 1000 annual probability of main river or tidal flooding. The impermeable area of the development footprint is small and surface water could be controlled via a surface water management scheme (SUDs)
Natural England - The application falls within the setting of the Lake District National Park (LDNP). Natural England has no comment to make on this proposal with regard to the LDNP as the development is unlikely to impact on the purposes of the designation of the LDNP. The application for the 3 turbines falls within the West Cumbria hen harrier sensitivity area. Information provided indicates that the position of the turbines is unlikely to impact on the population of wintering hen harriers in the area.
Cumbria Wildlife Trust – No representations have been received
Royal Society of Protection of Birds (RSPB) – No representations received.
Civil Aviation Authority (CAA) – Holding letter.
ARQUIVA - Is responsible for providing the BBC and ITV transmission network and is responsible for ensuring the integrity of RE-Broadscast Links, and also to protect its microwave networks. There are no objections.
PROW Officer - No representations have been received
Fire Officer - No representations have been received
NATS - The proposed development conflicts with safeguarding criteria. It has been determined that the terrain screening available will not adequately attenuate the signal and therefore this development is likely to cause false primary plots to be generated. (Lowther Hill radar). A reduction in the radar’s probability of detection, for real aircraft, is also anticipated.
Ministry Of Defence - No objections
English Heritage - The application should be determined in accordance with national and local policy guidance, and on the basis of local specialist conservation advice.
County Archaeologist - No objections
The Coal Authority - No objection The Coal Authority concurs with the recommendations of the Coal Mining Risk Assessment Report/ Environmental Statement; that coal mining legacy potentially poses a risk to the proposed development and that intrusive site investigation works should be undertaken prior to development in order to establish the exact situation regarding coal mining legacy issues on the site.
The CA recommends the LPA impose a planning condition requiring site investigation prior to commencement of development (to be secured by planning condition); to ensure that any remedial works identified by the site investigation are undertaken prior to commencement of the development; (in the event that site investigations confirm the need for remedial works to treat areas of shallow mine workings to ensure the safety and suitability of the proposed development).
Carlisle Airport - No objection subject to planning conditions.
Allerdale BC Environmental Health - No objections subject to planning conditions relating to ground contamination. The applications has had a full ETSU noise assessment and takes into account the cumulative impact of the proposed Lillyhall wind farm. No objections because noise levels within guidance limits. The cumulative impact of noise is also considered acceptable.
County Planning - Objection. The scheme is deemed to be contrary to saved policy R44 of the Cumbria and Lake District Joint Structure Plan due to adverse localised visual effects. It is considered that there would be significant adverse cumulative landscape and visual effects. The applicant has failed to fully assess the potential visual impacts on the nearby individual dwellings which mean that the potential impact on these dwellings cannot be ascertained.
Cumbria County Council (CCC) considers that the proposal will not create significantly adverse unacceptable effects on the landscape subtypes 5a and 9a. However the cumulative landscape affects are addressed later in the report.
CCC expect that there will be effects on the landscape character during construction and decommissioning stages, particularly in relation to the tranquil character of the area. This will be due to the increase in vehicular movements to and from the site but these effects will be temporary and short lived.
CCC set out that in relation to the key characteristics of the sub types, the wind energy development will not affect the shapes of fields and their patterns, although part of a hedgerow will be removed from the northern boundary of the site to allow for the creation of the required visibility splays. Furthermore CCC note that as part of the development, it is proposed to remove 3.4 hectares of immature woodland; to reduce potential negative effects for bats but as a compensation measure the applicant intends to replant 4.3 hectares of woodland elsewhere on the site and this will follow the general pattern of vegetation on site. The future portion of tree cover will increase slightly. CCC considers that there will be not a significant adverse effect on the landscape character of the site in relation to the provision of woodland; (particularly as the trees to be removed are very immature).
CCC set out that the proposed wind energy development of three turbines is considered to be ‘a small group’ and therefore will not itself significantly affect the mostly open landscape in which the proposal will sit and that the turbines will be located at the edge of the landscape subtype allowing the application site to retain and open and expansive character. Furthermore, the existing undulating landscape will help to contain the proposal which although a prominent feature would not cause harm to the landscape character.
The proposal lies within a Ridge and Valley Landscape character sub type.
Cumbria County Council are of the opinion that from certain viewpoints would become intrusive in a landscape which should be otherwise dominated by natural features and the applicant accepts in the ES that ‘ the direct effects of the character of landscape surrounding each of the wind farms or wind turbines in the situation that they are developed would give rise to a wind farm/ turbine landscape in its own right where then turbines become the principal defining element of this character with a local landscape subtype. In the case of the Potato Pot proposal as described above within the LVIA, this would give rise to a wind farm landscape essentially within and up to 700 metres of the turbines, with a landscape subtype ‘Ridge and Valley with Wind Turbines’ between 1.2km to 1.8km of the turbines, where the proposals would have a local characterising influence on the landscape ‘. (paragraph 5.239)
Lake District National Park (LDNP) - No objection. There will no doubt be local effects with an installation of this scale but there would be insignificant effects on the special qualities of the Lake District National Park. This is based on the distance from the boundary of the National Park. The distance from the upland edge centres on the Loweswater Fells where there are the most sensitive points and the fact that there is undulating topography and ridges between the site and the National Park which have a partial screening effect which reduces the scale of the proposal and restricts the ZTV. Views of the LDNP from outside the boundary where the turbines would be in the angle of view are not considered to be critical.
Copeland BC - No representations received
The application has been advertised on site and within the local press. Adjoining owners have been notified.
21 letters of representation have been received to date that set out that: • Adverse visual impact as per Broughton Lodge scheme that was refused at appeal; • The turbines are an immense size and in a prominent location; • Too many wind turbines blighting area; • Turbines are inefficient • They are industrial machines and should not be built in rural locations; • Should be placed on brown field sites; • Will affect neighbour’s health; • Will effect visitors of the area and tourism; • Contribute little to electricity supply; • Powers stations are needed; • Turbines over subsidised; • Will be visible from Cockermouth, Papcastle, Great Broughton and the surrounding area; • Only for commercial gain at the expense for the imposition and visual effect on the local community and visitors; • Should not exploit English countryside for individual profit; • Should have offshore locations; • No value fiscally or ecologically; • Experts imposing on our remote area (check how many applications in Surrey or Gloucestershire); • Will dramatically alter landscape character; • Alien structures; • Too close to dwellings; • Will effect users enjoyment of open countryside for walking, footpaths and riding; • The Wind Turbines (Minimum Distance from Residential properties) Bill (HL Bill 11) from the house of Lords sets out that if the wind turbine generator is between 50-100m from the base to tip the minimum distance from residential premises should be over 1500m. If the height of the turbines exceeds 100m the minimum distance requirement is 2000m. Lostrigg Cottage and the surrounding residential premises all fall around 700m away from the wind turbines; this is less than half the distance stated in the bill in the House of Lords; • Noise concerns and that they produce penetrating low frequency noise pollution day and night; • The UK noise association recommends that wind turbines are not situated within a mile of the residential properties; • The area is known for its peace and tranquillity and currently the only noise heard from Lostrigg Cottage is the ripple of a beck, the singing of birds and the hoot of local owls there is no current road noise from passing traffic; • The turbines will appear due west of Bannock Row Farm and when the sun sets it will cause a strobe effect causing nuisance; • A noise metre was placed next to Bannock Row Farm but next to a barn full of sheep and lambs at lambing time (the noisiest time of the year) and so readings will have been skewed; • Noise will be carried from the prevailing west wind an will affect Bannock Row Farm • Will affect future value of properties in locality; • That the site if approved will then accommodate future turbines; • It will affect wildlife to include barn owls, tawny owls, bats, buzzards, migratory geese, ducks, pheasants, pine marten and red squirrels, woodpecks owls, herons, swans, buzzards, sparrow hawks and other birds of prey. • Concern about the bearing capacity of the open cast mine site and that there may be short and long term settlement/ subsidence; • Stone pile column foundations will generate significant noise vibration during construction; • They will be visible from roads and nearby residents. Visible from Lillyhall roundabout down Branthwaite Road of the immediate countryside; • Will be visible from Lake District National Park; • There are regular low flying fast jets, helicopters and light aircraft in the locality; • The site access location will increase the risks of accidents on a busy road; • Brookfield is one of the closest dwellings and will be affected by noise and shadow flicker; • Damage to recently planted woodland and hedgerows, ponds and beck; • The use of the massive amounts of concrete is not environmentally friendly; • Concern that they will not be removed and decommissioned; • Need to look for other forms of renewable energy that will have a less damaging effect on the villages and surrounding countryside; • Blot on the local landscape; • Potato pot was originally part of the ancient Gilgarran estate and the locality is just starting to recover after the mining; • Creeping visual pollution; • The roads are not suitable for the H.G.Vs; • The turbines will adversely affect the setting of a listed building Wythemoor Slough at variance with the National Planning Policy Guidance 2012; • The turbines are not static like electricity poles but have movement and a swishing noise; • Will affect sleep by virtue of disturbance; • Cause misery from local residents; • Out of place with the setting; • Dominating on the landscape; • The development will aversely affect the Derwent Forest site of 1045 acres located to the north of the development. It is the intention to develop the site and this will give economic, environmental and community benefits. The key aspirations of the site to encourage sustainable long term development, sympathetic to the environment and the characteristic of the site. This may entail a significant proportion of development directed towards leisure, tourism and educational related uses. Part of the site has also been identified as suitable for new housing; (as enabling development), with the potential for circa. 250-275 homes. There is concern that the applicant has failed to take account of the potential impact the turbines will have on Derwent Forest and (any sensitive receptors) that they will have an adverse impact on Derwent Forest (one of the largest brown field sites in the north west) which may render the financial model to restore the site unworkable. No technical assessments have been undertaken on Derwent Forest and this is particularly important as the site has been identified for uses that capitalise on the enjoyment of the countryside, for tourists and local residents. A Plan titled ‘Derwent Forest Broughton Moor: Outline Plan’ dated February 2011 illustrates the DFDC’s proposals for the Derwent Forest site. The consortium was established as a community based company to deliver the project as a not- for-profit company that will take responsibility for all site liabilities and then fund, manage and deliver the development objectives agreed with Allerdale BC.
FORCE - Friends of Rural Cumbria’s environment object to the wind farm development by virtue of the size and large scale of the turbines and their impact on local amenity and the cumulative impact that these turbines would have along with other turbines in the area. Also due to the risk of damage to breeding sites of predicted bird species.
It is considered that there will be a negative impact on residents of Gilgarran and Distington as well as the occupants of isolated dwellings between the two settlements. The turbines will become a dominant feature within the local landscape and may pose a health risk in terms of noise.
The application site is in an area that already accommodates a great deal of wind energy development and it is noted that Winscales are currently planning additional turbines and towards Workington the proposed wind turbine at Weddicar Rigg threatens to add to the existing plethora of development.
It is noted that Planning Inspector David Rose was referring to this in the dismissed Broughton Lodge Appeal when it was stated;
‘In this regard Broughton Lodge occupies a location where the proposed wind turbines would combine with others in the locality and tip the balance from a landscape with wind farms to a landscape with wind turbines as a defining and dominant element. This would be compounded by the height and prominence of the proposed turbines and the manner in which they would become a prominent local focus making the cumulative effects of the wind farm development more pronounced’.
It is noted that Cumbria Wind Energy Supplementary Planning Document (2007) sets out that Cumulative effect is a complex issue that will be increasingly relevant to the assessment of wind energy schemes and it is likely that this matter will be of increasing significance that will be attached to cumulative effect in the future.
Force are of the view that cumulative effects must be given consideration given demonstrable as a reason for refusal and when a scheme is being proposed in an area where another is proposed, consented or operational a cumulative assessment should be carried out to determine the overall effect on issues such as landscape character, visual amenity and nature conservation interest.
FORCE are concerned on the impact on habitats in particular the breeding site of the hen harrier and attention is drawn to the RSPB website which states;
‘We have been concerned for some time that the areas lying outside statutory nature conservation designated areas, i.e. Sites of Special Scientific Interest (SSSI’s) and Special Protection Areas (SPA’s), which support important populations of birds have not been accurately mapped and are not adequately protected through the planning system. This has become an issue especially with the large number of on-shore wind energy proposals in north west England.
Some areas without statutory nature conservation designated areas are ‘functionally linked’ to a SSSI/SPA because the bird species which are associated with the SPA cannot be sustained from within the SPA alone and birds regularly occur without the protected area network. A good example of this are wintering geese and swans, which roost within an SPA (there are several along the north west coast) and feed on surrounding (non- designated) landscape.
Such areas can often extend several kilometres away from an estuary. Such functionally linked areas are under the Conservation of Habitats and Species Regulations 2010 (the Habitats regulations), as they often support internationally important numbers of qualifying bird species of adjacent SPA’s.’
With regard to planning policy FORCE are of the view that the wind farm development is in breach of policies E37 and R44 of the Cumbria and Lake District Joint structure Plan which relates to the compatibility with landscape character and any adverse effect on landscape character, the natural built heritage or the harm to the local amenity. With regard to Allerdale Local Plan the wind farm scheme is deemed to be contrary to Policy EN25 that confirms that ’non-designated areas of countryside are still worth protecting for their own sake’
FORCE acknowledge that the NPPF whilst generally supportive of renewable energy the NPPF also places great emphasis on the recognition and preservation of the ’intrinsic character and beauty of the countryside.’
FORCE are of the view that if the NPPF would not support the building of isolated new homes in open countryside (unless a specific need for such development can be demonstrated), then it follows that this current proposal to erect three large and unsympathetic structures in a rural setting must also be considered unacceptable.
It is considered that the significant damage to the open countryside far outweighs any profit to the landowner.
Attention is drawn to a recent statement by the Right Hon Greg Clark, Minister of State in the Department of Communities and Local Government, when addressing the House of Commons on the subject of new planning legislation (NPPF) 24 April 2012.
‘The NPPF makes it crystal clear, as most people recognise that the local plan is the keystone of the planning system. It continues to protect our green belt and other areas, such as sites of special scientific interest and national parks, which are of great importance to us. It recognises the intrinsic value of the countryside as something we hold very dear.
By putting power into the hands of local people so they see that decisions are going to be taken locally and respected locally, part of the purpose of our reforms is to move away from the situation in which decisions taken locally are overturned by the Planning Inspectorate ’
Report Introduction
The applicant has submitted an appeal in relation to the Councils failure to determine this application within the statutory timescale. The application will now be considered by a Planning Inspector following a public inquiry. The Development Panel are not therefore able to determine this application but are asked to consider the application to inform the position to be adopted by the local planning authority at the forthcoming public inquiry.
Proposal
The scheme involves the construction of 3 wind turbines, with a maximum hub height of 60 metres and a maximum blade tip height of 100 metres to blade tip, with a blade diameter of 80 metres, with each turbine with a capacity of up to 2MW. This would provide a maximum ‘installed capacity’ of up to 6MW. The turbines would be three bladed with tubular towers and will be coloured an industry standard of an off white colour with a low reflective paint surface. The submitted details allow for a 50m zone for micrositing the turbines.
In addition to the erection of the 3 turbines, the proposal includes a steel reinforced concrete foundation for each turbine, the creation of a new access track, an electricity substation, underground cabling, hard standings at the base of each turbine and a temporary construction compound near the access track. Electrical transformers will be located externally; adjacent to the base of each turbine.
The turbines would have a life of approximately 25 years after which the development would be decommissioned, with all the major equipment and above ground structures being removed from the site. The development could continue subject to further consents being granted.
Site
The site is located approximately 3km east of Distington, 2km south east of the A595 corridor by the Lillyhall Industrial Estate and 1.2km north east of Gilgarran. Branthwaite is 1.6km to the north east and Winscales 2.2km to the northwest. A number of scattered dwellings and farmsteads are present in the local landscape with several located between 700-800 metres from the nearest turbine.
The boundary of the Lake District National Park is located 5.5km to the southeast, with the Solway Area of the Outstanding Natural Beauty 12.5km to the north.
No landscape or ecological designations are within the site.
Part of the site was used as an open cast mine between 1986 and 1993. The applicant has commissioned various studies to investigate if the ground conditions are suitable for wind development. The studies have shown that the land would be suitable for wind development. The turbine foundations would be designed in a manner to accommodate the backfill material used to reinstate the land after the mine closed.
The application site extends to an area of 10.58 hectares and is currently used for agricultural use and partly for grazing. Under the Agricultural Land Classification; the site is classified as Grade 4 (poor agricultural land).
The proposed turbines would be located within pasture and young woodland between 108.7 metres and 111.4 metres Above Ordnance Datum (AOD), with the surrounding land gently rising to approximately 120 metres AOD.
Further to the south the land rises more steeply with the southern edge of Gilgarran at c.150 metres AOD and Dean Moor gently rising to 247m AOD at High Park, approximately 2.6km south of the nearest turbine.
Policy Framework - National 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.
National Policy strongly encourages the use of renewable energy sources to help offset green house gas emissions and the increasing reliance on imported energy supplies. Renewable energy sources form part of a mix of energy resources being supported by the Government.
The Climate Change Act requires a 26% cut in carbon emissions by 2020, rising to 80% by 2050 (based on 1990 levels).
The Renewable Energy Strategy 2009 seeks to deliver European set targets that will increase renewable energy regeneration to cover 15% of the UK’s energy needs. To achieve the 10 fold increase substantial additional renewable electricity production will be required. The Government sees the expansion of wind energy capacity, both on and off shore as key to meeting these targets.
The Sustainable Development Commission and other studies have set out that carbon emissions relating to the manufacturing and construction of the turbines and their concrete bases would be offset by the carbon saved from the renewable electricity production within the first 10-12 months of operation.
National and Regional planning policies support the development of renewable energy projects and the NPPF contains the national guidance on the need for local authorities to support and encourage low carbon energy proposals that do not cause unacceptable harm to the local environment.
Regional Policies
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 a target for onshore wind development in Cumbria to provide, in conjunction with existing schemes, 210MW of ‘installed capacity’ by 2010. Renewable Energy policy EM17 also encourages schemes to be supported that are acceptable to the location and scale of the landscape character and sensitivity of the area. It states that stringent requirements for minimising impact on the landscape would be inappropriate except for the most exceptional circumstances, such as within national landscape character e.g. the Lake District National Park.
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.
To assist with the assessment of the merits of this scheme and assess matters of landscape character, the Cumbria Wind Energy SPD was jointly produced and adopted in 2007. The capacity assessment finding of the SPD have been taken into account when considering this scheme.
Cumbria and Lake District Joint Structure Plan
The NPPF is considered to support saved policy R44 of the Cumbria and Lake District Joint Structure Plan that sets out 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.
Significant weight also needs to be given to the environmental, economic and energy benefits that might arise from the scheme. It is considered that in this proposed development the adverse landscape character and visual effects outweigh the benefits of providing renewable energy.
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.
Cumbria County Council has the view that this application is not in accordance with saved Joint Structure Plan Policy R44. The scheme and ES (with regard to landscape and visual effects) has been independently assessed by a peer review by Wardell Armstrong and it is considered that the application has not sufficiently established that the proposal would not create significantly adverse cumulative landscape and visual impacts. It is considered that these effects outweigh the wider benefits associated with the regeneration of renewable energy.
Allerdale Local Plan
Given the development is not located within any special landscape designations (including local) the proposal would be in compliance with saved Policy EN25 of the Allerdale BC Local Plan when read in conjunction with the NPPF chapters 109, 110 and 115.
The objectives of saved 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.
Assessment of Needs/Benefits
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.
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 emphasised 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.
Cumbria County Council have set out that Cumbria’s regional target for renewable energy for onshore wind turbines was 210 MW by 2010, which rises to 247.5 MW by 2015. There are currently 18 operational schemes in Cumbria and 5 more with consent. (These figures do not include single wind turbine schemes). Together these will have an installed capacity of around 140MW and this falls short of our 2010 target by 70MW. Nevertheless, it would produce enough electricity to meet the needs of around 3,884 households (based on 30% capacity). If permitted, the 6MW produced by this application could account for 8.5% of the outstanding target for 2010.
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. The guidance suggests that renewable energy developments should not be solely resisted on the grounds that the targets are met as each scheme contributes to the national objectives and targets.
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 Assessment
Chapter 5 of the Environmental Statement sets out the applicant’s assessment of the predicted effects of the proposed scheme on the landscape and visual receptors.
The main objectives of the landscape and visual assessment as stated in the ES are to:
• Establishment of a baseline; • Identification of potential impacts both upon the Landscape Character and Visual amenity; • Identification of mitigation measures to ameliorate potential impacts and enhancement measures; • Prediction of residual impacts.
This includes the assessment of potential effects in order to determine the ‘likely significant effects’ of the Development (as required by EIA regulations) on the landscape and visual resource.
The Study Area
The initial study area of 30km from the centre of the development, for which guidance advises, represents the area in which all of the likely significant effects of the Development would be contained. A more detailed landscape raster has been assessed within a 12km radius from the turbines in line with current guidance.
View Point Selection - Baseline Assessment
The ES includes a selection of photographic viewpoints used for the assessment of effects on landscape character and visual amenity. The ES states that these are a representative selection of viewpoints from where clear views of the turbines are predicted. The application has included 16 assessed viewpoints and 2 additional views which are referred to as being used to assess cultural heritage viewpoints.
Visibility Analysis
The view point information is considered in conjunction with the Zone of Theoretical Visibility (ZTV), Ordinance Survey mapping information, aerial photography and site visits to establish the extent of the likely actual visibility and hence the magnitude of effect.
Within 2.4km - theoretical visibility of both the turbine blades and the hubs are expected to be extensive including the settlements of Gilgarran and Branthwaite, the A595 corridor and the Lillyhall Industrial Estate and minor roads. The ZTV indicates that the proposed turbines would be screened in the valleys of the River Keekle to the south and the River Marron to the east.
Between 2.4km and 6.0km - the ES paragraph 5.93 sets out that the theoretical visibility is less extensive and covers less than half the land, concentrated on higher ground to the north and the north east and includes the settlements of Mockerkin, Dean and Greysouthen and to the south west includes parts of Distington, Lowca and Pica and surrounding land.
Between 6km and 12.0km - visibility of blades and hubs available from the summits and upper slopes of the fells of the Lake District National Park to the east and the south east including Fell barrow, Loweswater Fell, Burnbank Fell, Murton Fell and Lamplugh fell. Further to the south east beyond the 10km from the development, the ZTV predicts blade visibility from fells including Great Borne, Grike and Crag Fell above Ennerdale Water. Theoretical blade and hub visibility is also predicted on the higher ground around Cockermouth to the north east and Broughton Moor. Theoretical blade visibility is also indicated from limited areas within and surrounding Workington and to a lesser extent Whitehaven.
Between 12.0km and 18.0km - theoretical blade and hub visibility is predicted from limited and isolated high ground within the Lake District National Park including the summits of Haycock, Steeple, Pillar and from the Lorton Fells. Blade and hub visibility is also predicted around the high ground around Blindcrake, Tallentire and Aspatria to the north. Blade tip visibility is predicted from limited high ground at St Bees to the south west.
Between 18.0km and 30.0km - intermittent and very restricted theoretical visibility is limited to the highest ground north and east of the development including the fell tops in the Lake District National Park. Blade visibility is also predicted from the Solway Coast AONB between Mawbray and Silloth over 23km north of the development.
West Cumbria Coastal Plain
The development is located within the central area of the northern part of the West Cumbria Coastal Plain (LCA 7). The key characteristics of the host landscape character area are described as: Strong industrial history associated formerly with the mining of coal and iron ore, more recently, the chemical industry, powered generation and nuclear reprocessing; Varied open coastline of mudflats, shingle and pebble beaches with localised sections of dunes, sandy beaches and sandstone cliffs; Lowland river valleys with limited semi-natural ancient woodland, lowland raised mires and expansive estuarine landscapes with a range of intertidal habitats; Gently undulating or flat improved pasture with hedgerows, wind-sheared trees and wire fences, occasional woodlands and copses, wetlands and herb-rich meadows; Open agricultural landscapes that have extensive views to the higher fells in the east; Extensive urban fringe areas within the coastal belt with large highly visible factories and manufacturing and processing plants, particularly near Workington, Whitehaven, Sellafield and Barrow.
The ES set out in paragraph 5.144 that given the operational wind farms are located in this character area the proposal would not set a precedent and it is assessed that the overall sensitivity would be medium.
The Cumbria High Fells LCA (No.8) lies approximately 4km to the east of the development at the closest point and the Solway Basin LCA (No.6) is located approximately 11km to the north.
The key characteristics of these contrasting landscapes within 30km of the development as set out in ES Appendix 5.1.
Landscape Character Sub Type 5a (Lowland-Ridge and Valley)
The site falls in local landscape subtype Lowland Ridge and Valley (sub type 5a) and the key characteristics are described as: a series of ridges and valleys rises gently toward the limestone fringes of the Lakeland Fells; well managed regular shaped medium to large pasture fields; hedge bound pasture fields dominate, interspersed with native woodland, tree clumps and plantations; scattered farms and linear villages found along ridges; and large scale structures generally scarce.
It is noted that the reinstatement of this area following mining activities has sought to reinforce this local landscape character (5a), however the Cumbria Wind Energy Supplementary Planning Document identifies the landscape as having a capacity to accommodate schemes of 3-5 turbines, or exceptionally 6-9 turbines.
Whilst the site lies in landscape character subtype 5a, it also contains some of the characteristic of landscape character subtype 9a (‘Intermediate Moorland and Plateau – Open Moorlands’) which lies immediately to the south of the site. The key characteristics of subtype 9a include high and mostly open landscapes, undulating semi improved pasture and areas of deciduous woodland. Due to the proximity of the application site to another landscape subtype, it is considered prudent to consider guidelines in relation to wind energy development for both landscape sub types
Sub type 5a Lowland-Ridge and Valley - Risks of development
The continued need to support renewable energy schemes is likely to result in an increase in large scale wind energy schemes. Large scale wind energy schemes have already changed the character of the sub type, particularly around Workington. Without careful controls parts of this subtype could be defined by wind energy development. This could have knock on effects on the character of adjacent landscape types due to the far reaching visual effects of such development.
Sub type 5a Guidelines for development
• Ensure that the capacity for tall and vertical developments such as pylons and turbines is agreed and not exceeded to maintain views, particularly in areas surrounding Workington. • Large scale wind energy schemes should follow the guidance and capacity assessments of the Cumbria Wind Energy Supplementary Planning Document. Wind turbines and other energy infrastructure should be carefully sited and designed to prevent this subtype becoming an energy landscape.
Sub type 9a Intermediate Moorland and Plateau – Open Moorlands - Risks of development
Large scale wind energy infrastructure developments and other vertical structures could erode the open and remote character of the landscape and reduce the nature conservation interest.
Sub type 9a Guidelines for development
• Avoid siting large scale wind energy, and other vertical structures in open and prominent areas where it could degrade the open and expansive character. They should be sited to prevent visual clutter and existing pylons. • Minimise adverse effects of tall and vertical structures such as pylons and turbines through careful siting and managing the numbers of turbines to prevent them coming dominant feature in the landscape.
It is considered that the proposal broadly accords with the Cumbria Wind Energy Supplementary Planning Document that suggests that the landscape has a moderate capacity for wind energy development with an appropriate scale of development to be considered to be a small group (3-5 turbines) and exceptionally a large group (6-9 turbines). In such areas, turbine groups can relate to the characteristic large scale landforms and regular field patterns without dominating wide views.
Sensitivity of Landscape and Visual Receptors
The ES establishes that the sensitivity of a landscape or a visual receptors stems from the ability to accommodate the development in terms of the pre existing landscape and the nature of the receptor.
There are a wide number of attributes of the landscapes and visual resource that combine together to determine the sensitivity of the development. These may include: Landscape designations supported by planning policy; popularity; physical state and condition; distinctiveness and/or rarity, remoteness, historic and cultural associations, accessibility, existing detractors and tranquillity.
Landscape Effects
The ES addresses that landscape effects are derived from changes in the physical landscape fabric which may give rise to changes in its character and how this is experienced.
Effects upon the wider landscape resource requires an assessment of visibility of the wider landscape from adjacent landscape character areas but remains an assessment of the landscape resource and not visual amenity.
The ES establishes that landscape receptors include but are not limited to: the ‘host’ landscape character area which contains the development, ‘Non host’ landscape character area surrounding the host character area; Landscape designations on a national, regional and local level; and Registered Parks and gardens included on the English Heritage Inventory.
The significance of the landscape resource effects will be judged on the basis of the extent to which it is considered that the proposed development gives rise to newly defined landscape character types and sub types.
Visual Effects
Visual effects are more subjective in terms of peoples’ perception of wind turbines which may vary through the spectrum of negative, neutral and positive attitudes. To cover the worst case scenario the ES states that the visual impacts as a result of the development are assumed to be adverse.
Assessment of visual amenity requires the identification of potential visual receptors that may be affected by the development. Visual amenity receptors include but may not be restricted to:
• Users of the national cycle routes and national trails; • Users of local/regional cycle and walking routes; • Those using local rights of way (walkers, horse riders and cyclists); • Settlements and private residences; • People exercising a right to ‘Open Access Land’; • People using minor roads; and • People using local railways
Potential Visual receptors are identified within 12km of the Development using the theoretical Zone of Theoretical Visibility (ZTV) Plan. It has been assessed from review of the ZTV and preliminary analysis of key viewpoints that there would no potential for significant landscape and visual effects beyond this range.
Visual Receptors - Settlements
Settlements within the locality of the development include: Gilgarran (1.2km SW); Branthwaite (1.6km NE); Winscales (2.2km NW); Pica (2.6km SW); Distington (2.7km W); High Harrington (3.0km NW); Ullock (3km E); Dean (3.1km NE); Workington (4.2km NW0; Lamplugh (4.5km SE); Mockerkin (4.6km W); Little Clifton (5km N); Great Clifton (5.1km N); Stainburn (5.1km N); Pardshaw (5.2km E); Lowca (5.4km SW); Deanscales (5.5km E) and Greysouthen (5.5km NE).
The ES assessment identified that significant visual effects from settlements were limited within approximately 5km of the proposed wind turbines and these compromise of localised parts of Gilgarran, Branthwaite, Winscales, Pica, Distington, Dean, Mockerkin and Great Clifton.
Gilgarran - It is assessed that some properties in Gilgarran are likely to suffer from significant cumulative effects with the existing Winscales wind farm, along with Oldside wind farm and Siddick. Cumbria County Council note that Gilgarran is 1.2km south west of the site and for the majority views of turbines would be restricted by intervening properties and mature tree planting. The north west of the village is elevated and 6 properties on this elevation face north and would have unrestricted views of the turbines. As the sensitivity to change is medium and a magnitude of change is very high, county planning have the opinion that the proposal would be likely to create a significant effect in EIA terms. Allerdale BC Officers concurs that significant effects are likely.
Table 5.6 of the ES regards the view point analysis for operational landscape and visual effects and Viewpoint 1 (ES) is taken in the locality of Gilgarran (circa 1.17km from the nearest turbine). The ES states that landscape effects on the ‘open moorlands’ landscape sub type and effects on residents and road users in the locality are considered to be significant .
Branthwaite - is 1.6km northeast of the application site and there is an undulating landscape and existing buildings and tree cover so that views of the proposal would be prevented or restricted for much of the village. However oblique views of the proposal would be experienced by dwellings on the southern fringe of the village. Cumbria County Council advises that ground floor views would be restricted but for upper floors of the dwellings the magnitude of change would be very high creating a significant effect on dwellings. Allerdale BC Officers concurs with the above.
Viewpoint 2 (ES) is taken in the locality of Branthwaite (circa 1.67km from the nearest turbine). The ES states that landscape effects on the ‘ridge and valley’ landscape sub type and effects on residents and road users in the locality are considered to be significant.
Winscales - 2.3km northwest of the proposal site. Views of the application site would be available across the A595, however it is considered the orientation of houses minimises the availability of views from windows and visibility would be confined to gable windows on the end of the terrace. The magnitude of change is medium leading to major/ moderate effect and this is considered significant in EIA terms. Allerdale BC Officers concurs with the above.
View point 4 (ES) is taken in the locality of Winscale Village (circa 2.31km from nearest turbine). The ES states that landscape effects on the ridge and valley’ landscape sub type and visual effects on road users are deemed to be not significant, however effects on residents are considered to be significant.
Pica - 2.6km south west of the application site and is a linear settlement of terraced houses. The northern row of terraces at Pica already has views of the Winscales wind farms and in places, Fairfield wind farm. The County Council have the opinion that dwellings in Pica would experience significant adverse effects with a high magnitude of change leading to a major effect. Allerdale BC Officers concurs with the above
View point 5 (ES) is taken in the locality of Pica (circa 2.73km from nearest turbine). The ES states that landscape effects on the ‘open moorland landscape’ and visual effects for road users are not considered to be significant however visual effects on residents are considered to be significant.
Distington - is 2.7km west if the proposal. Some dwellings in the northern, western and central parts of Distington will experience some views but these would be restricted by some buildings and tree planting. The magnitude of change is deemed high by the County Council with a high sensitivity creating a major/moderate effect. This would result in a significant adverse effect in Distington, some dwellings have views of Fairfield wind farm and it is considered likely that the Potato Pot wind turbine could reinforce this visual impact and extend the viewpoints. Allerdale BC Officers concurs with the above.
View point 7 (ES) is taken in the locality of Distington (circa 3.06 km from nearest turbine). The ES states that landscape effects to the ‘urban fringe’ landscape sub type are not considered to be significant however visual effects are considered to be significant.
High Harrington - 3km from the proposal site and it is expected that the blades would be visible above the existing land form however the presence of woodland along the western edge is likely to restrict views to upper floors of the dwellings. Cumbria County Council considers that whilst the sensitivity for change is high, the magnitude of change is considered to be low which would lead to a change in visual impact that is not considered significant. Allerdale BC Officer concurs that the visual impacts would not be significant.
Ullock - 3km east of the application site, which has significant tree cover within and surrounding the village. Blade visibility is predicted for dwellings along the western edge of the settlement, which will be filtered by existing tree cover. Views from central and eastern parts of Ullock are likely to be restricted from intervening land form and tree cover. The ES sets out that the sensitivity to change is considered to be very high but the magnitude of change would be low, leading to change which is not considered to be significant.
Dean - is 3.1km northeast of the application site and it is expected that there will be views of the proposal predominantly from the rear of dwellings from the south western edge of the village. The ES sets out that a high sensitivity of change, coupled with a high/ medium magnitude of change could lead to a significant change for certain dwellings in Dean. Allerdale BC Officer agrees with this assessment.
View point 8 (ES) taken in the locality of Dean (circa 3.35km from nearest turbine). The ES states that landscape effects on the ‘rolling lowland’ landscape sub type are not considered to be significant however visual effects on residents and road users are considered to be significant .
Mockerkin - is 4.6km east of the proposed development and it is predicted that there will be views of turbines from dwellings on the western edge of the village. Whilst the views from dwellings maybe restricted by buildings and mature tress, Cumbria County Council are of the view that the effect would be significant given the magnitude of change is considered to be medium and the effect major/ moderate-moderate.
View point 11 (ES) taken in the locality of Mockerkin (Lake District National Park (circa 6.03km from nearest turbine). The ES states that landscape effects on the ‘foothills’ landscape sub type is not considered to be significant and visual effects on residents and road users are also considered to be not significant.
Lowca – 5.4km south west. The ES sets out that some dwellings have views of the Fairfield wind farm and the Lowca wind farm and these significant pre existing effects would be slightly reinforced by the introduction of the Potato Pot wind farm. View point 10 taken in the locality of Lowca (circa 5.79km from the nearest turbine). The ES states that landscape effects on the ‘ridge and valley’ landscape sub type are not considered to be significant and visual effects on residents and road users are also considered to be not significant.
With regard to the ES it is considered that from Dean, Mockerkin, Stainburn and Greysouthen that the operational Winscales development can be seen from some dwellings and these settlements and it is noted that some of these dwellings will also see the Potato Pot wind turbine development.
The applicant has also assessed the potential visual impact on Workington (4.2km northwest), Lamplugh (4.5km southeast), Great Clifton (5.1km north), Stainburn (5.1km north), Pardshaw (5.2km east), Deanscales (5.5km east) and Greysouthen (5.5km northeast). Cumbria County Council are of the view that whilst a number of dwellings will be able to see blade tips the views would be filtered by land forms, vegetation and existing developments. Therefore it is considered by CCC that the overall change of effect is not considered to be significant.
View point 12 (ES) taken in the locality of Great Broughton (circa 7.78km from nearest turbine). The ES states that landscape effects are not considered to be significant and visual effects on residents and road users are also considered to be not significant.
Between 6km and 12km of the proposal there is a theoretical visibility from parts of Seaton (6.1km N); Eaglesfield (6.2km NE); Mosser (6.5km E); Whitehaven (7km SW); Great and Little Broughton (7.8km NE); Cockermouth (10km NE), Dovenby (10.6km NE) and Bridekirk (12km NE). The overall change or significance of visual effect from these settlements is not considered to be significant.
Dwellings and Farmsteads
An assessment of residential visual amenity has been undertaken for all properties within 1km radius. The assessment concluded that in no case would potential effect from the Potato Pot scheme be such as to give rise to turbines that would be ’present in such numbers, size and proximity that they would represent an unpleasantly overwhelming and unavoidable presence in the main house views for a house or garden’ and thereby convert any property into an ‘unpleasant or unattractive place to live’.
Lavender Test
It would seem that in some properties it is conceded that there would be a significant effect with regard to visual impact however the ES paragraph 5.162 makes reference to the ‘Lavender Test’ that has been coined by landscape and planning professionals a with reference to past appeal decisions by Inspector Lavender who provided guidance on the threshold of accessibility of wind turbine proposals in relation to residential amenity in number of planning appeal reports. The key issues relate to a consideration of the effects of the proposal to establish if ’turbines are present in a number, size and proximity that they represent an unpleasantly overwhelming and unavoidable presence in the main view from house or garden’ (Enifer Downs Appeal).
This matter is challenged by Wardell Armstrong within the peer review of the ES.
It is predicted that there will be some visual impact from some dwellings in certain settlements. Potential residential receptors include scattered isolated dwellings and farmsteads and a number of settlements within 6km of the proposal.
Branthwaite Row Farm (3 dwellings) - the closest to the proposal being 700 metres distant. The ES sets out that due to screening from mature tree planting no significant visual effects are predicted from the dwellings themselves, however, significant visual effects are considered to be likely experienced on the access roads at the junction of the main road.
Colingate - 2 storey dwelling located to the south west of the proposal site on the road to Gilgarran. The ES states that the site would be seen obliquely from the ground and first floor windows. The dwelling lies approximately 705 metres from the nearest turbine (Turbine 3). Turbines 1 and 2 would also be visible. It is considered that within the ES views of the Winscale Wind Farm c3.7km distant would represent a pre-existing significant effect upon visual amenity and the additional Potato Pot wind farm would significantly reinforce this effect. The magnitude of change would be very high and the level of effect substantial. However given the existing development context that includes wind energy development and the separation of the proposed turbines along with the partial filtering from the scheme by hedgerow and a mature Ash tree and the oblique angle, it is assessed in the ES that the views of the proposal would not be an unpleasantly overwhelming and avoidable presence on Colingate residents..
Colinside - 2 storey dwelling that adjoins Colingate and lies approximately 715 metres from the nearest turbine (Turbine 3) and some 825 metres from Turbine 1 and 735 metres from Turbine 2. The ES sets out that magnitude of change as a result of the proposal would be very high and the level of effect substantial. Given the separation distance between the proposal and the dwelling in excess of 700 metres, the partial filtering provided by roadside planting and views from the rear of the property being unaffected by the proposal, it is concluded in the ES that the views would not result in an unpleasantly overwhelming and unavoidable presence upon the visual amenity of Colinside residents.
Bungalow - Dwelling north of Branthwaite Row Farm is a bungalow adjacent of an industrial unit and faces dense mixed woodland on the opposite side of the road and lies some 775 metres from the nearest turbine. It is concluded within the ES that no significant views of the proposal are predicted.
Wyethmoor Slough - The nearest turbine 1 would be located c.770 metres from the dwelling. The ES sets out that Wyethmoor Slough will experience a very high magnitude of change from their rear windows, garden and access drive resulting in substantial and significant visual effect. It is considered in the ES that the turbines would not be considered unpleasantly overwhelming from the dwelling and that due to the separation distance and limited part of the view affected that the proposal would not result in an unpleasantly overwhelming and unavoidable presence upon the visual amenity of Wyethmoor Slough residents.
Wyethmoor House - is located c.840 metres from the nearest turbine. The ES states that the magnitude of change from the rear elevation and access drive and garden would be very high and the effect substantial and significant. It is concluded in the ES that due to the separation distance and oblique angle views of the proposal would not result in an unpleasantly overwhelming and unavoidable presence upon the visual amenity of Wyethmoor House residents
Longcross Intake - Located c. 870 metres from the nearest proposed turbine and is a 2 storey dwelling. The ES states that magnitude of change would be very high with a substantial and significant visual effect. The front of the dwelling would be unaffected because it faces away from the wind turbine site. In conclusion the ES considers that due to the separation distances and oblique angle, views of the wind farm proposal would not result in an unpleasantly overwhelming and unavoidable presence upon the visual amenity of Longcross Intake residents
Branthwaite Rigg - Is located c.984m from the nearest turbine. The ES states that the magnitude of change would be high to very high with major/moderate to major visual effect that would be significant. In conclusion the ES considers that due to the separation distance, oblique nature of the view and partial filtering provided by local tree cover, it would result in the proposals not representing an unpleasantly overwhelming and avoidable presence on the visual amenity of Branthwaite Rigg residents.
Wyethmoor Head - Located c.975 metres from the nearest proposed turbine. The ES states that the magnitude of change is considered to be very high with a substantial effect that would be significant. However, due to the separation distance and to a lesser extent the partial filtering provided by tree cover, the proposals would not result in an unpleasantly overwhelming and unavoidable presence upon the visual amenity of Wythemoor Head residents.
Summary of Assessment of Residential Visual Impacts
It is Officer Opinion (with reference to the ‘Lavender Test’) that the applicant has failed to adequately assess potential visual impacts on individual properties within 1km of the site and therefore the impact on these dwellings cannot be fully appreciated. Furthermore a number of dwellings in nearby settlements will also experience significant visual impacts.
It is acknowledge that whilst the applicant appears to have carried out a Landscape and Visual Assessment it is considered a more detailed assessment is required before the impacts on local dwellings can be fully understood and CCC have advised that a residential amenity assessment for all properties within 1.5km of the proposal site would be beneficial; to include information on orientation of dwellings, angles of view, the main direction of primary and secondary living spaces and any intervening objects which would affect outlook e.g. topography and established vegetation.
Key Routes
Roads
Key routes may have visibility of the turbine development to include: A66, A594, A595, A596, A597, A5086 and the railway in Workington.
Cumbria County Council are of the view that limited views would be experienced by users of the A66, A594, A595 (from Whitehaven), A596, A597 and A5086 as the views of the turbines would be intermittent and oblique and as such the effects are not considered to be significant.
Users of the A595 from Carlisle would experience significant effects when approaching the Lillyhall Industrial estate. Travelling by car from Carlisle on the left is Wiggon How Plantation forestry and when users pass this, for approximately 900 metres they are likely to be available to view turbines until the Lillyhall roundabout is reached at Lillyhall Industrial Estate. Cumbria County Council is of the opinion that this could lead to driver distraction.
View point 6 (ES) taken in the locality of the A595 (circa 2.88km from nearest turbine). The ES states that landscape effects for the ‘ridge and valley’ landscape type are not considered to be significant however visual effects on road users are considered to be significant.
View point 9 (ES) taken in the locality of the A66 (circa 5.39km from nearest turbine). The ES states that landscape effects for the ‘ridge and valley’ landscape type are not considered to be significant and visual effects on road users are also considered to be not significant.
However it is Officer opinion that the users of roads surrounding the application site will experience a significant visual impact.
Cumbria Railway Coast Line
The railway from Barrow passes through Workington and there could be theoretical visibility from central and northern parts of Workington (5.5km from the proposal). However there is a consensus of opinion that the views are likely to be blocked by intervening buildings close to the rail route and no visual amenity affects are predicted.
Outdoor Leisure Receptors
It is not expected that the proposal will create significant effects on the motor track and car park at Dean Moor Motorcross although the proposal will be visible from some parts of Whitehaven Golf Course but this is likely to be blade views and the effect is not considered to be significant.
Public Rights of Way and Open Access Land
The following public rights of way and open access land has the potential for visibility to include: • The Allerdale Ramble long distance footpath; • The Cumbria Coastal Way long distance footpath; • National Cycle Route 71; • National Cycle Route 72; • Open access land Dean Moor (High park) and north of Wedicar Rigg.; • Open Access land in the Lake District National Park; • Local public rights of way (footpaths and bridleways).
National Cycle Route 71
View point 11 (ES) taken in the locality of Mockerkin (circa 6.03km from nearest turbine). The ES states that landscape effects for the ‘foothills’ landscape type are not considered to be significant and visual effects on road users and NCR71 cyclist are also considered to be not significant.
View point 12 (ES) taken in the locality of Great Brougton (circa 7.78km from nearest turbine). The ES states that landscape effects for the ‘ridge and valley’ landscape type are not considered to be significant and visual effects on NCR71 cyclists and residents are also considered to be not significant.
National Cycle Route 72
The ES concludes that in terms of road users and recreational users of the national Cycle Route 72, it is recognised that such users could experience visual effects from the proposed wind turbines when close to the Lillyhall Landfill, but the ES states that these effects are confined to distances 3km from the proposal.
Significant visual effects created would include the part of the National Cycle Route 72 at Distington, the Open Access Land at Dean Moor and part of the public footpath between Branthwaite and Branthwaite Row Farm and parts of the local public bridleway (260005) which connects Gilgarran with the Lillyhall Industrial Estate.
Fells
View point 13 taken in the locality of Fell Barrow (National Park circa 9.01km from nearest turbine). The ES states that landscape effects for the ‘R/AS and High Fell’ landscape types are not considered to be significant and visual effects on hill walkers are also considered to be not significant.
View point 14 taken in the locality north east of Cockermouth (National Park circa 13.23km from nearest turbine). The ES states that landscape effects for the ‘High Fell Fringe’ landscape types are not considered to be significant and visual effects on Allerdale Ramble and footpath users is also considered to be not significant.
View point 15 taken in the locality of Skiddaw Summit (National Park circa 22.5km from nearest turbine). The ES states that it is deemed there would be no significant landscape effect on the R/AS High Fell landscape type and no effect on hill walkers.
AONB
View point 16 is taken in the locality of Mawbray (AONB) circa 23.5km from the nearest turbine . Landscape effects for the ‘Intertidal’ landscape type are not considered to be significant and visual effects on walkers on open access land are also considered to be not significant
Cumulative Effects
The assessment has considered cumulative effects arising from the presence of other wind farms in the landscape in conjunction with the development and this includes existing wind farms, consented wind farms and wind farm within the planning system within a 30km radius Study area.
Cumulative effects generally occur where there maybe simultaneous or sequential visibility of 2 or more wind farms. The potential for this is indicated by the overlap of the ZTVs of the wind farms. The potential for this is indicated by the overlap of the ZTVs for the wind farms, so that both wind farms are experienced at a distance where they may have ‘simultaneous’ landscape or visual effects.
Simultaneous effects can be either in combination, where several wind farms are within the observer’s arc of vision at the same time, or in-succession, where the observer has to change the orientation to view the various wind farms.
Cumulative effects may occur where a viewer gains ‘sequential’ views of two or more wind farms along the course of a route, changing their perception of the route.
Cumulative view points were taken at view points 3, 7, 12, 13, 14 and 17 (See Figure 5.4 of ES).
The ES sets out that there are 11 existing operational wind farms (10 onshore and 1 offshore) within 30km, with 4 consented and 8 in planning. The majority of these turbines lie to the west, south west and north west of the application site.
Wind Farm Number Height of Status Onshore development of turbines to or Turbines blade tip Offshore Winscales 1 11 70m Operational Onshore and 2 Winscales 7 81m Operational Onshore Moor Fairfield 5 81m Operational Onshore Farm Lowca 7 64m Operational Onshore Oldside 9 61m Operational Onshore Eastman 2 110m Operational Onshore Siddick 7 61m Operational Onshore Robin Rigg 60 125m Operational Onshore Moor House 1 47.5m Consented Onshore Farm Harrington 1 61m Onshore Watch Hill 1 74m Onshore Green Moor 1 79.6 Onshore Weddicar 6 115m Onshore Lillyhall 4 93m In planning Onshore
There is a large concentration of onshore wind turbines (48 turbines) operating to the west of this application site, with an additional 60 turbines offshore. However, up-to-date numbers of wind turbine developments in the locality will be presented to Development Panel.
It is considered that this concentration of turbine development in West Cumbria is eroding the wider landscape character of west Cumbria.
Cumulative Landscape Effects
Turbine development close by include operational wind farm Winscales (2.9km north). View point 17 is taken in the locality east of Winscales (circa 1.89km from the nearest turbine). It is assessed in cumulative terms that Potato Pot and the Lillyhall schemes would reinforce and extend a pre existing significant effect by virtue of the operational Winscales windfarm.
However, paragraph 5.241 of the ES states that ’the addition of Potato Pot, located 2.7km from Moor House Farm and 2.9km from Winscales Farms would not lead to the co joining of wind farm landscapes and sub types nor result in any significant cumulative landscape character effects’. The above assessment was made with reference to Figure 5.3 and Cumulative Visualisations 17a to 17c.
The ES assesses that the Winscale wind farm sub type would lie to the north of the coniferous plantation south east of Cumberland Lodge and the sub type arising from the Potato Pot scheme would be limited to the south of this plantation.
In terms of the Moorhouse Turbine the ES assesses that there would be no overlap with the sub type of Potato Pot due to the intervening Lillyhall Industrial Estate.
The ES further assesses that with reference to Visualisations 3c to 3f in assesses that there will be no overlap of wind turbine subtypes with the operation Fairfield Farm wind farm.
The offshore turbines are 23km from the site.
The ES which sets out that assuming the prior presence of a baseline and proposed schemes (apart from Lillyhall) it is concluded in the ES that the addition of the Potato Pot turbines would not result in any significant cumulative landscape effects.
The Lillyhall wind farm scheme (0.8km NW) from the site is also currently being considered (Cumbria County Council). It is agreed by all parties that if both the Potato Pot wind farm proposal and the Lillyhall wind farm were constructed that there would be a significant cumulative landscape and visual effects.
Cumulative Visual Amenity Effects
Paragraphs 5.244-5.250 of the ES assesses the cumulative visual impacts of the scheme for residents, road users and those using public rights of way and open access land. It is acknowledged that there would be significant adverse cumulative impacts on residents (including Distington, Pica and Gilgarran); road users on the A595; open access land and on local rights of way within 4kms.
The ES considers that significant cumulative visual effects would be localised in extent and would predominantly occur in combination with the operational Winscales wind farm and less frequently FaIrfield Farm windfarm, where a number of receptors already experience a range of significant cumulative effects between operational schemes that the Potato Pot proposals would reinforce and in some cases extend.
Fairfield wind farm is located (3.9km south west). Para 5.245 sets out that there is potential for cumulative visual effects with regard to dwellings (approximately up to 4-5km from the proposal) with unrestricted views towards Winscales and Fairfield windfarms.
Cumulative Effects Road Users
Siginifcant effects from the major road corridors are restricted mainly to the A595 in the vicinity of Winscales windfarm. The siting of the proposed Lillyhall scheme in this locality would further reinforce this cumulative impact. Other local roads would have intermittent views of Potato Pot that maybe screened by hedgerows and trees.
Cumulative Effects Tourism and Recreation
Significant cumulative effects would be experienced along the National Cycle Route Way 72 at Disitngton.
Walkers on open access land at Dean Moor may pre existing significant effects be virtue of Fairfield farm turbines and from View Point 3 the Winscales Turbines (5km) distant are also visible and the Potato Pot turbines would be seen to the front being notably larger. The Potato Pot turbines significant in their own right would reinforce an already existing significant effect.
Significant cumulative effects are also considered predicted from sections of local rights of way within c.3.5 to 4km of the turbines where there are clear views of the proposal seen in conjunction with Fairfield Farm windfarm and the Winscales wind farms and the Lillyhall proposal.
Landscape and Visual Impact Assessment Peer Review
Peer Review of Significance of Effects
• The ES establishes that the sensitivity of each receptor and magnitude of change combine to indentify the level of effect. The effects are associated with the operational lifetime and are considered to be long term and reversible with any residual effects beyond decommissioning described as permanent.
• Wardell Armstrong set out that due to the reliance on Table 5.3 it is considered that this has led to a consistent underestimate of the significance of impacts and it is advised that within the ES Table 5.3 Level of Effect and Significance needs to be carefully considered given the matrix between the two axes may not be linear. The axes are likely to have different weightings, as the nature and scale of effects are largely derived from objective data, while the sensitivity and value of a landscape resource is largely derived from subjective judgements.
• Wardell Armstrong assess that the significance of effect has been understated within the ES (see later in report) and that the reliance of the assessment on Table 5.3, using SNH guidance from 2002, which has been superseded by the Guidelines on Landscape and Visual Impact Assessment (Landscape Institute of Environmental Management and Assessment 2002) has tended to underestimate the significance of impacts and it is advised that the assessment of impacts should be amended to ensure compliance with the guidelines on Landscape and Visual Assessment.
Peer Review Landscape Effects
• The ES has consistently underestimated the significance of landscape impacts e.g. given the sensitivity of the West Cumbria Coastal Plain landscape character area (NCA7) is stated in ES paragraph 5.144 (relating to a regional designation) as being of medium sensitivity, one would have expected a very high/ to high magnitude of landscape change. As a consequence the ES establishes that that the extent of a ‘wind turbine landscape’ is relatively restricted (700 metres radius) and would not merge with the ‘wind turbine landscape’ around Winscale Farm which would remain ‘distinct and separate from the proposal’. Wardell Armstrong considers that 2 wind farm landscapes would merge (Winscales and Potato Pot) between the operational and proposed scheme.
• It is a requirement of the EIA Regulations to state whether effects are adverse, beneficial or neutral. Landscape effects need to be considered against the landscape baseline, which includes published landscape strategies and policies if they exist. Changes to landscapes involving the addition of large scale man-made objects are typically considered to be adverse.
Peer Review of Visual Effects
• Significance has been underplayed such that the applicant has failed to assess potential visual impacts on all individual properties within 1km of the site and therefore the impact on these dwellings cannot be fully appreciated. Furthermore a number of dwellings in nearby settlements will also experience significant visual effects.
• Significance has been underplayed at certain receptors along road routes. For example overall significance of adverse impacts has been downplayed in the ES. Given Para 5.197 of ES sets out the A595 has been described a Medium to High visual sensitivity and a medium magnitude of visual change is recorded, a Major/Moderate (i.e. ‘significant’) impact would be experienced rather than Moderate (i.e. not significant) impact recorded.
• With regard to public rights of way and open access land Wardell Armstrong advises that the applicant has not sufficiently considered views from:
View point 11 - located on the boundary of the LDNP and Open Access land to the west. Consideration should be given to a viewpoint from higher ground to the west identified in WA PV009. Similarly Viewpoint 3 is located at a lower elevation to the Open Access Land to the south of the site. Views from higher elevations within Open Access land would provide more open views and give more context to the location of the site.
Viewpoint 2 - from the south edge of Branthwaite was taken from Public Footpath crossing rising ground to the south of the village. A viewpoint located further to the south would provide a more open view of the scheme and its surrounding context. This is illustrated in WA PV006.
Viewpoint 8 - does not identify Winscale windfarm is visible to the right of the view, or the Fairfield Farm site on the horizon to the left of the view. WA PV005 identified the scheme in relation to these constructed wind farms.
• It is considered there are insufficient photo view locations and wireframes in close proximity to the site. As a consequence the assessment carried out in 5.164-5.173 (residential properties) and 5.217-5.224 (public rights of way) cannot be verified.
• The overall significance of adverse impacts has been downplayed. Paragraph 5.219 of ES sets out that footpath between Branthwaite and Branthwaite Row Farm (Table 5.1 categorises this receptor as being a High Sensitivity) and the magnitude of change is described as being High, therefore a Major impact would be experienced rather than Major/ Moderate impact.
• Insufficient photo views have been provided to allow assessment from residential properties and public rights of way in near proximity to the site (i.e. in locations within 2.4km of the site a shown in figure 5.3 ES of the application).
• No viewpoints have been included for Loweswater Fell, Burnbank Fell, Murton Fell, Lamplugh Fell, Dean Moor and north of Wedicar Rigg which have been identified as potential visual receptors in paragraphs 5.94 and 5.103 of the ES.
Peer Review Cumulative Impact
• Wardell Armstrong are of the opinion that the application has considered the cumulative impacts upon some of the viewpoints used within the LVIA which reviews the visibility of Potato Pot in relation to other schemes both constructed, consented and within the planning system, however, this restriction to only some of the viewpoints has resulted in the assessment of views from the south west and north east of the scheme not being included.
• The ES has been unclear with regard to its cut off date when setting out a list of wind turbine development coming forward in Allerdale and Copeland. It is noted that Wellington Farm, Cockermouth has also not been included and a number of schemes in the vicinity of Bothel and Moota Hill to either side of the A595 north of Cockermouth. It is considered that further cumulative assessment is required for more recent wind turbine developments within the planning system.
• Currently, south of Cockermouth, existing turbine schemes are generally restricted to the west of the A595. Where turbine schemes are present to the east of the A595, these are perceived within the context of the built environment.
• There would therefore appear to be a total of 17 viewpoints assessed within the ES. The majority of these are within or adjacent to 12km of the site. Generally, photo view locations included within the assessment are representative of views from receptors within the vicinity of the proposal. However further consideration should be given to assessment of viewpoints 1, 2 and 8 which would particularly illustrate the location of Potato Pot in relation to the proposal at Lillyhall. WA PV005 to WA PV007 illustrates the relationship of the site to the adjacent Lillyhall proposal.
• All parties seem to agree that there would be significant visual and landscape impact if both the Potato Pot and Lillyhall wind farm schemes were to come forward. See paragraphs 5.243 and 5.247 of the ES.
• The review concluded that the scheme will generate significant adverse cumulative impacts with the existing site at Winscales and the proposal at Lillyhall. Visual impacts will be extended to the east of A595. At present there are few detracting elements in views towards the Lake District National Park east of the A595. The addition of wind turbines in this area would alter the current perception that turbines adjacent to the west of the National Park are restricted to the west of the A595 corridor. If the scheme were to be implemented then the character of the landscape on both sides of the A595 is likely to change to a wind turbine landscape. This would be exacerbated by development of the Lillyhall scheme
Consideration of Alternatives
Consideration of alternatives as required by the EIA regulations have been considered within the ES and it is considered this matter has been adequately addressed in the ES.
Highways Authority raises no objection to the proposed development subject to planning conditions.
Historic Environment
The cultural heritage chapter of the ES indicates that the proposal will lies wholly within an area of open cast mining and so there is a minimal likelihood that archaeological remains will be disturbed. There are no objections from the County Archaeologist.
The only registered park and garden within 15km of the site is Grade 2 listed Curwen Park which falls out with the zone of theoretical visibility of the development.
The Allerdale BC Conservation Officer is of the view that the proposed wind turbines will clearly have an impact upon the setting of listed building Wythemore Slough. It is noted that in winter, the tree around the house do not provide screening and so there is a greater impact in winter than in summer. The rural setting of the building adds to its character; however it is noted that there are some modern intrusions into its setting, including telegraph poles and pylons in the distance. It is considered the turbines will harm the listed building setting and in winter the harm is assessed as substantial. It is considered that the buildings main importance and character is derived from its age and architecture and the fact that it is a good example of 18th century vernacular Cumbrian farmhouse. It is concluded that the wind energy development would not cause substantial harm to, or loss of significance of the listed building as a whole.
Biodiversity
The applicant carried out a desk based assessment incorporating a biological records search and extended Phase 1 Habitat Survey to identify baseline ecological conditions present within 500 metres of the three proposed turbines.
The application has not been considered by the County Ecologist. During the survey work no great crested newts were discovered and a low level of bat activity was recorded.
Bird surveys were also carried out between October 2011 and March 2012 and the survey did not find any concentration of birds that were vulnerable to wind turbines.
The applicant has considered further Hen Harriers as part of the surveys. The Hen Harriers were not noted as present during the survey period.
The proposal would result in a loss of tree saplings, some grassland and short sections of hedgerow. It is considered that this could lead to a minor impact on the birds due to the loss of suitable breeding habitat. As a compensation measure, the applicant is proposing to create an area of approximately 4.3 hectares of woodland to replace the 3.4 hectares of saplings removed.
The ecological assessment concluded that the effects on all identified species and habitats are expected to be minor positive following the implementation of habitat enhancement.
Radar
An objection has been received from NATS relating to the impact on existing radar coverage. Mitigation measures are being investigated. Similar mitigation measures were agreed as part of the windfarm schemes at Westnewton and Tallentire Hill. As the key stakeholder maintains an objection it is considered this aspect cannot be covered by any Grampian condition.
Highways
The proposed route of transporting the turbine components is to exit the Port of Blyth onto the A1061, travel along the A189 to the A19, join the A1, travel to Carlisle via the A69, from Carlisle take the A595 towards Workington and after approximately 25 miles take the A66 then rejoin the A595 signposted Whitehaven, at Lillyhall turn onto the unclassified Branthwaite Road and then continue to the proposed access junction.
Public Consultation
The applicant has undertaken public consultation and a community drop in session took place on 7 June 2012 at the Kirkstile Community centre, Dean. A project website has been created which details the scheme and includes updates the project.
Shadow Flicker
Shadow flicker is the name given to the effect that may arise when blades rotate in bright sunlit conditions, casting shadow. As the blades rotate the shadow is seen to flick on and off. The effect should only occur within a building if a turbine is located within 10x diameter or less and there is no intervening topography, vegetation of other obstruction between the turbine and house window.
The likelihood and duration of the effect depends upon the orientation of the property’s windows relative to the turbine and in the UK only properties within 130degress either side of north, relative to the turbines can be affected as turbines do not cast long shadows on their southern side.
Also considered is the distance from the turbines. The further the observer is from the turbine, the less pronounced the effect would be. Further considerations are turbine height and rotor diameter, time of year and day and weather conditions.
The majority of buildings surrounding the site are orientated in such away that they are not affected by shadow flicker or they are outside the 10 x rotor diameter area.
Three buildings to the east of the turbines would be potentially affected by shadow flicker if specific conditions occur. The applicant has set out that to remedy this; the turbines can be equipped with a detector which will automatically shut down the turbines when shadow flicker would occur.
The turbines have been located to maintain an adequate distance from roads.
Other potential safety hazards include electrical risk, mechanical risk, ice projectile risk and lightening strike. Through engineering these risks are minimised. To address potential for ice projectile risk an automatic ice detection system can be installed to shut down the turbine if ice levels are detected.
There are no objections from Environmental Health Officers and no highways in close locality. Satisfactory mitigation measures could be safeguarded by condition.
Noise
A noise survey has been undertaken with noise survey data collected from 3 locations around the site to determine existing noise conditions in the area.
Predicted noise levels at residential properties indicated that these would be below limits prescribed in guidance. Noise levels are predicted to be below World health Organisation for sleep disturbance.
A cumulative assessment has been carried out wit the proposed Potato Pot turbines with the proposed Lillyhall scheme, however the applicant has set out that in the event that both of these schemes are granted planning permission, noise levels from wind turbine noise would be below noise limit levels.
A construction noise and vibration assessment concludes that significant noise or vibration impact is not expected during the construction or decommissioning phases.
No objection from EHO subject to planning conditions may require further assessment of cumulative noise impacts. Cumulative noise evidence was submitted with the application.
Public Consultation The applicant has undertaken public consultation and a community drop in session took place on 7 June 2012 at the Kirkstile Community centre, Dean. A project website has been created which details the scheme and includes updates the project.
Response to Objectors
• It is acknowledged that insufficient evidence has been provided on the visual impact of nearby dwellings and settlements; • It is acknowledged that the scheme is likely to cause a significant adverse landscape and visual effect within West Cumbria; • An appropriate ecological, heritage and noise assessment has been undertaken and matters could be addressed by planning condition; • Adverse impacts during construction can be mitigated by planning conditions relating to hours of work and method of delivery of the turbines on the road routes. • With regard to the stability of the bases on former mining land and any matters of contamination, this can be appropriately addressed and secured by planning condition.
Conclusion
1. It is considered that this concentration of wind turbines is eroding the wider landscape character of West Cumbria and whilst this scheme is for three turbines and is acceptable in terms of its individual landscape impact, it is likely to cumulatively adversely affect the landscape and visual impact within this part of West Cumbria.
2. From certain view points the turbines would become intrusive in a landscape which would otherwise be dominated by natural features.
3. The applicant accepts in their Environmental Statement that ‘direct effects’ on the character of the landscape surrounding each of the wind farms or wind turbines in the situation that they are developed would give rise to a wind farm/turbine landscape in its own right where the turbines become the principle defining element’. (ES paragraph 5.239).
4. It is noted that there are existing vertical infrastructure already within the vicinity of the application site in the form of pylons. Some of the view points have the views of the proposed turbines alongside the existing pylons. It is considered that from some perspectives, the turbines together with the pylons will create unacceptable visual vertical infrastructure clutter.
5. There are a number of wind turbine developments along the coast line of west Cumbria and it is considered that the proposed 3 turbines at Potato Pot would intensify the existing cumulative landscape character erosion and would assist in the intensification of the creation of an energy landscape, contrary to the development guidelines included within the Wind Energy Supplementary Planning Document. Adverse cumulative visual impacts would be particularly notable from users of the A595, nearby villages and certain closely sited dwellings and farmsteads.
6. The Lillyhall wind farm scheme 0.8km from the site is also currently being considered and the ES acknowledges that the inclusion of the Lillyhall scheme if both the Potato Pot proposal and the Lillyhall wind farm schemes were constructed, that there would be a significant cumulative landscape character effects within the Ridge and Valley landscape character sub-type. With regard to cumulative impacts, it is notable that the ES excluded cumulative effects which could arise from the Lillyhall Scheme. The implication is the applicant acknowledges that significant cumulative impacts would arise if both the Lillyhall and Potato Pot wind farm schemes were consented. The outcome of implementation of both schemes would be that a wind turbine landscape beyond and to the east of the A595 would be further reinforced and there would be the perception that there would be further encroachment of turbines around Workington and into the countryside to the east.
7. The ES has been unclear with regard to its cut off date when setting out a list of wind turbine development coming forward in Allerdale and Copeland. It is noted that Wellington Farm, Cockermouth has not been included and a number of schemes in the vicinity of Bothel and Moota Hill to either side of the A595 north of Cockermouth. It is considered that further cumulative assessment is required for more recent wind turbine developments within the planning system.
8. National planning policy promotes targets for renewable energy and looks to Local Planning Authorities to support proposals for renewable energy development that due not have unacceptable impacts. Saved Policy R44 of the Cumbria and Lake District Joint Structure plan relates to renewable energy schemes outside national landscape designations and supports favourable consideration if there are no significant adverse effects on the landscape character, built heritage, local amenity, highways and a range of other issues. Saved Policy E37 refers to landscape character, saved policy E38 to the historic environment and saved policy E35 to nature conservation interests. It is considered that this application is not in accordance with saved Joint Structure Plan Policy R44. The report and independent assessment by Wardell Armstrong sets out that the application would create significantly adverse cumulative landscape and visual impacts. It is considered that these effects outweigh the wider benefits associated with the regeneration of renewable energy.
9. Insufficient detail has been provided to assess whether there has been an adverse significant visual effect (residential amenity) within 1km of the site, given a new ‘wind turbine landscape’ would be created and the ‘Lavender Test’ must be carefully applied.
10. Insufficient photoviews and wire frames have been provided to address the full cumulative landscape and visual impact.
11. Currently, south of Cockermouth, existing turbine schemes are generally restricted to the west of the A595. Where turbine schemes are present however to the east of the A595, these are perceived within the context of the built environment. Furthermore the peer review by Wardell Armstrong concluded the scheme will generate significant adverse cumulative impacts by the indivisibility with the existing site at Winscales and the proposal at Lillyhall. Visual impacts will be extended to the east of A595. At present there are few detracting elements in views towards the Lake District National Park east of the A595. The addition of wind turbines in this area would alter the current perception that turbines adjacent to the west of the National Park are restricted to the west of the A595 corridor. If the scheme were to be implemented then the character of the landscape on both sides of the A595 is likely to change to a wind turbine landscape. This would be exacerbated by development of the Lillyhall scheme.
12. The proposal is likely to add to the existing cumulative and sequential cumulative visual impacts from wind energy developments from road users along transport corridors in particular the A595.
Rec ommendation: Had the local planning authority been in a position to determine the planning application planning permission would have been refused for the following reasons:
Reasons For 1. The Local Planning Authority consider the proposed refusal: development would have an adverse cumulative landscape impact contrary to saved Policies E37 and R44 of the Cumbria and Lake District Joint Structure Plan 2001-2016 (Saved) and saved Policies EN19 and EN25 of the Allerdale Local Plan, Adopted 1999 (Saved).
2. The Local Planning Authority consider the proposed development would have adverse cumulative visual impacts on residents of Colingate, Colinside and adverse visual impacts on the residents of Branthwaite Rigg, Wythemore Slough and Wythemore Head contrary to saved Policies EN19 and EN25 of the Allerdale Local Plan, Adopted 1999 and saved Policies E37 and R44 of the Cumbria and Lake District Joint Structure Plan 2001-2016 (Saved).
3. The Local Planning Authority consider the proposed development would have adverse cumulative visual impacts on users of the A595 and on residents of the settlements of Gilgarran, Branthwaite, Winscales, Dean and Pica , contrary to saved Policies EN19 and E N25 of the Allerdale Local Plan, Adopted 1999 and saved Policies E37 and R44 of the Cumbria and Lake District Joint Structure Plan 2001-2016 (Saved).
4. In the absence of evidence to the contrary, the Local Planning Authority consider that insufficient evidence has been submitted to demonstrate that the proposed development safeguards and secures radar coverage from the radar station site at Lowther Hill to the detriment of air safety.
Proactive Statement
Application Refused Following Discussion – Where there is no Way Forward
The Local Planning Authority has acted positively and proactively in determining this application by identifying planning policies, constraints, stakeholder representations and matters of concern with the proposal and discussing those with the Applicant. However, the issues are so fundamental to the proposal that it has not been possible to negotiate a satisfactory way forward and due to the harm which has been clearly identified within the reason(s) for the refusal, approval has not been possible.
Notes to Applicant: