Agenda Item Committee Date Application Number

A5 15 September 2014 14/00282/FUL

Application Site Proposal

Borwick Fishing Erection of a 45 metre high wind turbine from ground to blade tip with ancillary infrastructure Kellet Lane

Over Kellet

Lancashire

Name of Applicant Name of Agent

Mr Russell Adams, on behalf of Fishing Mr Russell Adams

Decision Target Date Reason For Delay

16 May 2014 To allow the applicant to provide additional information in response of the County Landscape Officer’s consultation comments

Case Officer Mr Karl Glover

Departure No

Summary of Recommendation Approval

1.0 The Site and its Surroundings

1.1 The site that forms the subject of this application is known as Borwick Fishing Lakes and is located in an area of open countryside approximately 600m to the south west of the village settlement of Borwick and approximately 1.8m to the north east of . The site is immediately adjacent to the M6 motorway towards the west, Borwick Lane to the north and Kellet Lane to the east with the River Keer running along the southern boundary of the site. The site is characterised by its extensive amount of open water consisting of 9 active fishing lakes spanning an overall site area of approximately 72 acres (29 hectares) with a dual pitched timber clad restaurant/café building (Catch 23) and car park located in close proximity to the entrance. The whole site is relatively flat with mainly grassed surfaces and sporadic groves of trees on small islands within the lakes. There is also a recently-engineered earth bund and a belt of mature trees positioned between the M6 Motorway along the western boundary of the site.

1.2 The surrounding area is predominantly open countryside. In both northerly and southerly directions there are extensive and mainly flat parcels of agricultural fields separated by hedgerows and trees. Towards the east on the opposite side of Kellet Lane is a separate fishing entity known as Borwick Lake which has extensive vegetation and trees growing along its western boundary adjacent to Kellet Lane. Positioned towards the west on the opposite side of the M6 is Pine Lakes Leisure resort, consisting of various types of holiday lodges surrounding the large Pine lake and indoor spa and swimming pool.

1.3 Approximately 310m north-east of the site entrance lies a cluster of buildings formerly associated with Manor Farm but has since diversified and now includes a mixture of residential development. This includes Manor Farm (House) which is a large detached two storey building located to the front of the site and accessed via Kellet Lane. It also includes Epoch Cottages (5 holiday cottages) and Borwick Mews which comprises of 9 permanent residential units. South of the residential properties within the site is a large converted farm building currently used as a warehouse for the storage of mowers and machinery. 190m to the south east of the site are 2 public rights of way (PROW) (Nos 18 & 8) and towards the east is a Bridleway Number 13.

2.0 The Proposal

2.1 This application is seeking consent for the installation of a single 45m (from ground to blade tip) wind turbine. The proposed turbine is a WTN250 model with a 30m alloyed, light grey, steel tubular tower and three glass-fibre blades (30m in radius) attached to a hub containing the gearbox and generator. The turbine is to be fixed to a sunken concrete base measuring 10m wide x 1.5m deep, and is estimated to produce an output of 250kW. The development would also entail underground cabling.

3.0 Site History

3.1 A similar proposal was also due to be debated at the Planning Committee on the 3 February 2014 (ref 13/01134/FUL). This application was recommended for refusal with the primary reason relating to landscape and countryside impacts. The applicant’s agent withdrew the application prior to the Committee with the intention of addressing the issues raised by the County Landscape Officer. The reason the previous application was recommended for refusal is set out below:

“The erection of the 45m high wind turbine, by reason of its position, scale and rotation of its blades would appear as an isolated and prominent man-made vertical structure which would appear incongruous in its surroundings and have adverse impacts which would significantly harm the character and appearance of the relatively flat and sensitive landscape whilst at the same time indirectly adversely affecting the natural beauty and setting of the character and charm of the Area of Outstanding Natural Beauty. As such the development would be contrary to the Saved Policies E3, E4, E22 of the Lancaster District Local Plan, Policies SC1, SC3, SC5 and E1 of the Lancaster District Core Strategy and the provisions of the National Planning Policy Framework particularly the Core Principles and Sections 10 and 11”.

3.2 The applicant’s agent resubmitted the application with some additional supporting information. The planning application was due to be presented to Planning Committee at the 23 June 2014 meeting. However following further dialogue with the applicant’s agent and the promise of further supporting information from them, it was decided to defer the application. The further information would include a technical response to the County Landscape Officer’s consultation comments, which had advised that the Landscape Visual Impact Assessment (LVIA) and photomontages were still seen to be unsuitable for informing judgements to be made by the proposed wind turbine. As promised by the applicant’s agent, this technical information has now been received and it allows the local planning authority – informed by the expert analysis of the County Landscape officer – to make a robust assessment on the application in its entirety.

3.3 Historically the application site was worked as a gravel pit and was excavated to provide material for the construction of the M6 motorway. The site was then left undeveloped for a significant amount of time resulting in the creation of a group of lakes, which are now used for fishing. The site has extensive records of planning history associated with this, but the table below only indicates the wind turbine development that is relevant to the current submission (with the exception of a recently approved application for operational development at the same site)

Application Number Proposal Decision 08/01301/FUL Erection of two 10 metre high wind turbines and plant Permitted room building 13/00317/EIR Screening opinion for 45m wind turbine Issued 13/00285/FUL Erection of a 45m high wind turbine from ground to blade Withdrawn tip 13/01134/FUL Erection of a 45m high wind turbine from ground to blade Withdrawn tip 14/00477/FUL Retrospective application for the siting of hut, storage shed Permitted subject to and emergency diesel generator and the temporary siting time compliance of 2 storage containers for a period of up to 2 years conditions

4.0 Consultation Responses

4.1 The following responses have been received from statutory consultees:

Statutory Consultee Response Warton Parish Object – Scale and view given the open position and given the AONB and Warton Council Crag - negative effect on the environment and visual enjoyment of area. Borwick Parish Object – close proximity to properties including Borwick Hall, Borwick and Priest Council Hutton; flat area of landscape; health issues arising; impacts on tourism; unreliable and unviable form of energy supply. Parish No comments received within statutory consultation period. Council Parish No comments received within statutory consultation period. Council National Grid No comments received within statutory consultation period. Arnside and Object - Unacceptable scale and setting upon the AONB; the omission of accurate Silverdale AONB cumulative impacts assessment; and understatement of the scale of the proposed Unit turbine. County No objections – principle acceptable; concerns relate to the delivery and traffic Highways movements of the turbine and its components constitute abnormal loads. Conditions required in respect of this. Environmental No objections – Initially objected due to lack of Noise Assessment. This was Health Services revised following the resubmission of the previous noise assessment on the withdrawn application 13/00285/FUL. Normally would have serious concerns regarding the proximity to occupied residential dwellings within 300m of the site. However given the close proximity of the M6 motorway, the background noise levels are unusually high during most conditions. Therefore they are satisfied that noise from the turbine will not cause a disturbance to residents except in particularly unusual climatic circumstances. Condition - Noise Management. Tree Protection Object – No Arboricultural Impact Assessment (AIA) has been provided as part of Officer the application it is recommended the application cannot be supported. Air Ambulance No comments received within statutory consultation period. British Aerospace No objections (BAE) Natural England No comments received within statutory consultation period. Conservation No objections – It is not anticipated that there will be any significant impacts upon Officer the setting of the Borwick Conservation Area or the listed buildings contained within.

Blackpool Airport No comments received within statutory consultation period. Civil Aviation No Objections Authority (CAA) FELLS No comments received within statutory consultation period. Ministry of Defence No Objections (MOD) Police Air Support No comments received within statutory consultation period. RSPB No comments received within statutory consultation period. The Wildlife Trust No comments received within statutory consultation period. for Lancashire NATS No objections – The proposed turbine will not have any impacts upon safeguarding. Lancashire Fire and No objections – Advice has been provided regarding water supplies for firefighting. Rescue Safety Officer Ramblers Objection - A wind turbine in this flat location would be out of keeping with the character of the area.

Lancashire County Neither objects nor supports the proposal. Due to the short timescale between Ecology the previous withdrawn application (13/01134/FUL) where detailed comments were provided by the Ecologist the professional advice/comments have been carried forwards to this application, given there has been no material changes to the application this is seen to be an acceptable approach.

It is recommended that without mitigation the proposals would be likely to impact upon European protected species/Species of Principal Importance in England and could result in a breach of legislation. Mitigation (i.e. preventing the turbine from operating when bats would be at risk; ensuring an adequate buffer to the establishing plantation woodland) would minimise the risk to bats. This could be controlled by means of a suitably worded planning condition. Lancashire County No objections - Previously the County Landscape Officer had provided critical Landscape Officer analysis based on the quality of the technical information submitted by the applicant (CLO) in support of the application – This included the Landscape Visual Impact Assessment (LVIA) and photomontages.

Following the receipt of further technical information and photomontages, which take into consideration more of the cumulative impacts upon the landscape, further comments have been received by the CLO in respect of the impacts upon the landscape and nearby AONB boundaries.

A detailed summary and landscape assessment is set out in paragraph 7.14 of this report. In brief the key points raised by the CLO are: There are still discrepancies in the submission of the LVIA and photomontages; The proposed turbine would not have substantial effects upon the setting of the AONB; and, The proposed turbine would likely have a slight-moderate effect on the Setting of the Arnside and Silverdale AONB which could be mitigated if the turbine was reduced in height.

5.0 Neighbour Representations

5.1 At the time of compiling this report, a total of 35 letters of representation were received as a result of neighbour consultation, of the observations received 28 object to the proposed wind turbine. 7 letters of support were also received. The predominant reasons for public opposition are:

Inappropriate location and scale Will appear as an isolated, incongruous and prominent vertical structure in open countryside, detrimental to character and appearance of landscape Contrary to development Plan and NPPF policies (LDLP E4, E22, T27; LCS SC1, SC3, E1, NPPF Core Principles and Sections 7, 10 and 11) Impacts upon residential amenity including, shadow flicker, noise pollution, interference with telecommunications and radio signals, loss of views Impacts upon ecology, biodiversity, and geodiversity (including Leighton Moss) Significant impacts upon tourism and visitors to the area Impacts upon the Borwick Conservation Area and nearby heritage assets including listed buildings Impacts upon the nearby Drumlins No community benefits Cumulative visual impacts when assessed with other turbines in the vicinity Impacts upon near caravan sites Risk to health The M6 will be a corridor of urban sprawl for turbines Risk to low flying aircraft Inaccurate visual assessment and montages – Misleading Visual impacts when viewed from nearby public footpaths and bridleways Impacts upon the natural beauty of the Arnside and Silverdale AONB

The primary reason for support for the turbine includes:

Community Benefits Economic benefits Good Design – in keeping with the area Reduction in pollution Turbine will improve the existing business Benefits to climate change Turbine will be beautiful to look at – great sculpture Turbine will not represent an eyesore Turbine will be smaller than nearby pylons Turbine should be supported the same way the turbine at Greenland’s farm was

Within the Statement of Community Involvement submitted with the application a 2 page petition (33 signatures) of support for the turbine has also been signed by users of the Restaurant/Café (Catch 23).

5.2 David Morris MP has indicated that he has received concerns that relate to the proposed wind turbine being located in a vastly rural area which would have a negative impact on the countryside, the natural landscape and the AONB. The turbine would result in negative impacts on the number of tourists coming to visit. Concerns also refer to the potential for shadow flicker, noise pollution and interference with television reception. The closure of roads during the delivery of the turbine would have a negative impact on the economy.

6.0 Principal National and Development Plan Policies

6.1 National Planning Policy Framework (NPPF)

Paragraph 7 (Achieving sustainable development) Paragraph 17 (Core planning principles) Paragraphs 18 & 21 (Building a strong competitive economy) Paragraph 56, 58 and 60 (Good design) Paragraphs 93-108 (Meeting the challenge of climate change) Paragraphs 115-118 (Conserving and enhancing the natural environment) Paragraph 129 (Historic environment)

6.2 Lancaster District Core Strategy (adopted July 2008)

Policy SC1 (Sustainable Development) Policy SC3 (Rural Communities) Policy SC5 (Achieving Quality in design) Policy SC7 (Development and the risk of flooding) Policy E1 (Environmental Capital) Policy ER6 (Developing Tourism) Policy ER7 (Renewable Energy)

6.3 Lancaster District Local Plan – saved policies (adopted 2004)

Policy E3 (Development within or adjacent to AONB) Policy E4 (Development within the Countryside) Policy E12 (Impacts upon Wildlife and Habitats) Policy E13 (Trees and Woodland) Policy E16 (Developments within SSSIs) Policy E17 (Development and Biological Heritage Sites) Policy E22 (Wind Turbines) Policy E27 (Woodland Opportunity Areas) Policy E35 (Views into and across the Conservation Area)

6.4 Other Policy Considerations

The Council is in the advanced-stages of preparation of an emerging Local Plan. The Development Management DPD and Area Action Plan have been submitted to the Planning Inspectorate and have been subject to independent examination and further consultation on proposed modifications. The Inspector’s report is likely to be issued towards the end of summer this year. Policies in the emerging Local Plan are a material consideration and can now be afforded significant weight subject to and in accordance with paragraph 216 of the NPPF. The following policies are relevant:

Policy DM28 (Landscape Impacts) Policy DM35 (Design) Policy DM30 (Heritage assets) Policy DM27 (Biodiversity) Policy DM18 (Wind turbine Development)

6.5 Landscape Sensitivity to Wind Energy Development in Lancashire – February 2005

This document gives an indication of the scale of wind energy development that may be appropriate in each Landscape Character Area. The site is located within a landscape character area defined as Low Coastal Drumlins. There are three specific areas defined as drumlin field in Lancashire, this one is covered by Landscape Character Area 12b sub-type Warton-Borwick. Described as The Low Coastal Drumlins around Warton are more rural in character than those immediately to the south. Large pastures are divided by low clipped hedgerows or stone walls. Gravel extraction has had an impact on the landscape in the creation of open water bodies which attract wildfowl. The largest of these is Pine Lakes. The ‘Landscape Sensitivity to Wind Energy Development Study in Lancashire’ (2005) describes this character area as having moderate to high sensitivity with the potential to accommodate small and possibly medium scale wind energy development.

7.0 Comment and Analysis

7.1 Local and National Planning Policy stresses the importance of the role of planning in addressing climate change and that all communities have a responsibility to contribute to energy generation from renewable sources; such development should be maximised whilst ensuring that adverse impacts, including cumulative landscape and visual impacts, are addressed satisfactorily. The NPPF states that proposals should be approved where impacts are acceptable. Historically on this site, planning consent was granted for two 10m high wind turbines in February 2009 (application number 08/01301/FUL). This consent has never been implemented and has since expired.

7.2 The key issues for Members to consider in determining this planning application are:

Impacts upon Residential Amenity (living conditions); Highway Impacts; Impacts upon the Historic Environment (Conservation Area and Listed Buildings); Impacts upon Biodiversity; Aviation and Telecommunications; Impacts upon character and appearance of the Landscape and AONBs; and, The benefits of renewable energy.

7.3 Impacts upon Residential Amenity

One of the main concerns arising from the public and parish council consultation responses relates to the potential impacts upon residential amenity. The closest dwellings to the turbine are the cluster of properties located approximately 310m to the north east at the junction of Kellet Lane and Borwick Lane. This cluster includes Manor Farm (house), Borwick Mews and Epoch Cottages. These properties are considered to be the only dwellings within the immediate locality which would potentially be exposed to adverse impacts upon living conditions. As such the Case Officer has conducted a visit to these properties to assess likely impacts.

7.4 Outlook – A number of residents have stated that the turbine will be visually intrusive when viewed from their properties. It is a well-known planning principle in this country that there is no ‘right to a view’. The test in this instance is whether the turbine would affect the outlook of residents to such an extent that there would be an overly-dominant and disproportionate impact on day-to-day living. Bearing this in mind, it is noted that the living room of Manor House (southern gable) will have a clear uninterrupted view of the turbine (with the exception of one mature tree located within the hedgerow). Notwithstanding this uninterrupted view, the separation distance to the turbine of over 300m leads Officers to conclude that the turbine would be not be overly-dominant, and would be unlikely to result in undue harm to the day to day enjoyment of that room. This is the same situation for the other dwellings in the Manor Farm Estate.

7.5 Noise – Many objections refer to the potential impacts of noise. The only noise associated with modern wind turbines primarily relates to aerodynamic noise only; any mechanical tones or noise are predominantly eliminated on modern machines. The application has been submitted with a full noise/acoustic assessment. Environmental Health Officers have assessed the acoustic submission and have concluded that due to the noise created by the M6 motorway, the background noise levels are unusually high during most conditions. Therefore they are satisfied that noise from the proposal will not cause disturbance to the residents of Borwick Mews, Manor Farm or Epoch Cottages except in particularly unusual or extreme weather conditions. A condition requiring the applicant to investigate noise-related complaints and take action to prevent disturbance could be attached, should the application be approved. With the imposition of such a condition, residential amenity relating to noise impacts can be safeguarded.

7.6 Shadow Flicker - This is the effect of the sun shining behind the rotating turbine blades and creating an intermittent shadow inside nearby buildings. It only occurs when certain meteorological, seasonal and geographical conditions prevail. The effects only occur 130 degrees either side of north relative to the wind turbine with shadows potentially cast 10 times the rotor diameter (approximately 300 metres from the turbine in this case). The current application has been supported by a Shadow Flicker Assessment which identifies minimal potential for shadow flicker on 3 properties. These include Lakeland Leisure Village (Sherwood Plot) which is 330m away; Lakeland Leisure Village (Silverdale Plot) which is approximately 480m away; and a dwelling located at Borwick Fishery which is 340m away and is screened by the woodland and fishing lakes bounding Kellet Lane. These receptors have the potential for a small amount of hours of theoretical shadow flicker per year. Smart systems can effectively ‘shut-down’ turbines during the periods where shadow flicker could be experienced, and again a condition can be included on any grant of planning permission. With the imposition of such a condition, residential amenity relating to shadow flicker can be safeguarded.

7.7 Having assessed the proposal in terms of its impacts upon residential amenity it is not anticipated that the turbine would result in any significant adverse impacts resulting from shadow flicker, noise or overbearingness related to residential outlook. The separation distances from each property are seen to be sufficient – in relation to a turbine of this scale - to mitigate the potential impacts, as such the proposal is seen to satisfy the provisions of LDLP E22 and LDCS SC1 and SC5 and the core principles of the NPPF.

7.8 Highway Impacts

Lancashire County Highways have raised no objections to the principle of the turbine and have set out that once the turbine has been erected it is unlikely that there will be a negligible traffic impact. There is a concern however that during the site construction and delivery of components (including lifting of equipment to/from the fishery) that there is likely to be a significant impact upon the surrounding public highway network which mainly consists of narrow country lanes. The components of the turbine are considered to constitute an abnormal load and will require authorisation to carry such loads over publicly maintained lengths of highway; this could also include the transporting of lifting equipment necessary to position the turbine.

7.9 Although the applicant has provided details as to the proposed favoured route for the delivery (a route from the A6 which originates from the M6, via the A601 including the roundabout where the A6 meets Borwick Lane, and then turning on to Kellet Lane to the site), a number of recommended conditions have been advised including the submission of a Construction Traffic Management Method Statement and a route to be agreed with the Highways Authority prior to works commencing. Notwithstanding concerns that have been raised during public consultation, Lancashire County Highways confirms that any potential highway impacts could satisfactorily be addressed via the execution of reasonable planning conditions.

7.10 Impacts upon Historic Environment

The proposed turbine is located approximately 600m from the centre of the village of Borwick which includes a range of heritage assets including the designated Borwick Conservation Area which contains a number of Listed Buildings and the Grade ll listed Dock Acres which is an 18th century house with adjoining barn. In total there are 17 listed buildings within Borwick Conservation Area.

7.11 Lancaster District Local Plan Policy E35 seeks to protect the views into and across Conservation Areas and prevent any development that would adversely affect or erode its historic form. In this instance consideration has been given to the proximity of the proposed wind turbine in relation to the heritage assets contained within Borwick. Whilst acknowledging the concerns of residents of the village, it is considered that the distance of 600m - including many intervening features and open space buffers between the turbine and the boundary of the Conservation Area – a turbine of 45m height would not result in a substantial impact upon the significance of the Conservation Area. This view is also shared by the Conservation Officer. It is therefore recommended that the proposal complies with Lancaster District Local Plan Policy E35 and also the aims and objectives of the NPPF.

7.12 Impacts upon Biodiversity

The application site has a history of being of significant ecological and biological value. The whole site was a former Biological Heritage Site (BHS), but this status was declassified in 2007 when it became clear that the increased level of anthropogenic (human-caused) disturbance including bird-scaring had resulted in a reduction in the important bird assemblages, to the point where the site no longer merited BHS status. At the time of de-classification the site owner entered into a legal agreement by means of a Section 106 to ensure the site would be managed for wildlife and fishing. An Ecological Appraisal assessing the impacts upon wildlife and protected species has been submitted in relation to the proposed impacts which may arise from the operation of the turbine.

7.13 Both the Lancashire County Ecologist and the applicant’s observations set out in the Phase 1 Habitat Survey indicate the presence of bats including noctules which have a high risk of collision with turbines and are at risk of threat to their population. Pipistrelle bats have also been found to be present however these have a low risk of threat to population. During the previous (withdrawn) application, the County Ecologist objected due to insufficient details within the report and the lack of monitoring during bat activity season. As part of this current application a full survey has been undertaken. The County Ecologist did express concerns that the turbine could result in impacts upon bats without the correct mitigation measures. In this instance it was suggested that the turbine should be reduced in speed and should be set to 8m/s from one hour before dusk until one hour after sunrise, and quarterly statements should be submitted from an independent third party to verify that the turbine is operating in accordance with the specified restriction. This has been agreed in writing by the applicant and the requirements are controlled by condition 10 in the recommendation. The site is also known for its bird habitat and a full list of species has been submitted in the ecological appraisal. Based on the detailed submitted bird survey it is concluded that the impacts on birds will be negligible. This has also been confirmed verbally with the County Ecologist. It is therefore recommended that subject to suitably worded conditions the proposal could operate with minimal impacts upon birds and protected species (bats).

7.14 Aviation and Telecommunications

There have been no concerns or objections raised from the various consultees in relation to aviation or telecommunications and as such it is not considered that these will be adversely affected by the proposal.

7.15 Character and Appearance of the Landscape

The County Council’s Landscape Character Assessment identifies the application site as being within Landscape Character Area 12b ‘Warton-Borwick’ and describes it as follows:

The Low Coastal Drumlins around Warton are more rural in character than those immediately to the south. Large pastures are divided by low clipped hedgerows or stone walls, some of which are degraded or missing. There are areas of waterlogged, rushy pasture and standing water in the low lying areas between the drumlins. The River Keer winds its way between the low drumlins, draining into at Carnforth. Historic Halls and estates are associated with the River Keer at Capernwray and Borwick. Gravel extraction has had an impact on this landscape in the creation of open water bodies which attract wildfowl. The largest of these is Pine Lakes. There is considerable development associated with the M6, A6 and railway such as motels and a lorry park. Parking areas and caravan sites are also features of coastal parts of this area.

7.16 The Landscape Character Assessment identifies the areas as being rural in character with many intervening features including historic buildings and developments associated with the M6. There are many large water bodies as a result of historical gravel extraction. Borwick Fishery has 9 lakes which are utilised for fishing. These features - whilst substantially separated - do visually represent that of the immediate area surrounding the application site. There is no doubt the application site has a natural rural ambiance to it. There are some urbanising impacts caused by the development of the Catch 23 site which have to be taken into consideration as part of the assessment on the landscape impacts. By balancing the visual characteristics of the application site against the immediate surrounding countryside and the wider, distant views into and across the nearby AONBs, a reasonable and robust landscape analysis of the impacts of the 45m-turbine can be achieved.

7.17 Impacts upon the Forest of Bowland AONB – The boundary of the Forest of Bowland AONB is approximately 3.7 km to the south west of the application site. This is considered to be a substantial distance and is seen to considerably reduce the impacts that the turbine would have on the natural beauty of the landscape. In views looking towards the Forest of Bowland AONB a combination of distance, vegetation and the rolling drumlin topography would substantially mitigate any likely effects. The County Landscape Officer (CLO) agrees that the landscape character of the area which forms the setting of this AONB would essentially remain unchanged and that the proposed Borwick Turbine is unlikely to have substantial impacts upon the Forest of Bowland AONB.

7.18 Impacts upon the Arnside and Silverdale AONB – The boundary of the Arnside and Silverdale AONB is much closer, at approximately 0.8km from the application site. A significant amount of objection and concern from nearby residents along with Parish Councils and David Morris MP have been received highlighting that the proposed turbine would have a detrimental impact upon the setting of the Arnside and Silverdale AONB. It is for this reason that the technical data and omissions reported previously by the CLO have been revisited by the applicant and have been submitted for further assessment.

7.19 Determining the effects of the proposed wind turbine on the setting of Arnside and Silverdale AONB is particularly challenging because the area which forms much of the setting to the east of the designated area lies within a major transport corridor. Unlike many AONBs, the transition from the stunning natural scenic beauty of the designated area to a rural/urban/infrastructure landscape occurs over a very short distance. The Arnside and Silverdale AONB is not seen to be a remote and wild area accessed through a trek over large areas of open countryside. The effects of the man-influenced features are confirmed by CPRE mapping (Campaign to Protect Rural England) which shows low levels of landscape tranquillity throughout the transport corridor as it skirts along the eastern edge of the AONB. It is these characteristics and the existing presence of wind energy development which suggests that the landscape of the area has a low-moderate level of sensitivity to the introduction of another relatively smaller scale wind turbine.

7.20 The effects of the nearby area's man-influenced features including the M6 motorway, West Coast main line, caravan parks, towns and villages, wind energy development, industrial estates, and quarries - when viewed from the AONB - are principally determined by the elevation of the viewer. In the low lying area between White Moss and Carnforth the mitigating effects of the undulating drumlin topography, woodland (there is a strong sense of enclosure across much of the AONB), copses, field trees and hedgerows is most pronounced; movement through this low-lying area generally reveals glimpsed views of nearby man-influenced features which are invariably surrounded by trees, copses and hedgerows. It is possible to move through much of the eastern edge of the AONB and not see many of the nearby man-influenced features as the undulating topography and vegetation repeatedly combine to constrain outward views to the east.

7.21 This does change when moving to higher ground to the west of , and Warton along the extensive footpath network to key viewpoints such as . Within this more elevated area distant panoramic views over the area to the east of the AONB reveal the extent of the man-influenced features. The proposed wind turbine would be clearly visible from Warton Crag and to a lesser extent from the ridge between Hyning and Cringlebarrow. However, these elevated areas are wooded so although the full extent of the man influenced features to the east (where the proposed turbine would be located) are clearly visible from the elevated footpath network, the effects are often substantially mitigated by the dense vegetation cover.

7.22 Cumulative Impacts - In views from the AONB, the proposed wind turbine would be seen in combination with other small scale wind energy development. However, due to the separation distances between the turbines and their small scale nature, they would not be seen or read as one cluster or a small wind farm. In addition, from the elevated areas within the AONB, the turbines would appear as smaller installations in broad panoramic views containing numerous other man-influenced features. The addition of the proposed wind turbine to the existing ones would increase the presence of this form of development but not substantially change the overall landscape character. From the low level area referred to above the introduction of an additional wind turbine would have limited effects on views due to the filtering provided by topography and vegetation. The most significantly-affected area would be within a radius of 1.5km from the proposed wind turbine; and little of the AONB lies within this zone. The agent has provided a more robust assessment of the cumulative impacts which includes the recently approved (35m) turbine at Greenlands Farm which is located approximately 1.7m to the north.

7.23 The NPPF sets out that great weight should be given to conserving landscape and scenic beauty in AONBs and planning permission should be refused for major developments within these areas. Given that the turbine lies outside the AONB, and would be viewed predominantly on flat landscape with rising land to the north and east, and given its relatively small scale (45m), it is not considered that the proposed turbine would conflict with the purpose of the designation of the Arnside and Silverdale AONB and it would not have a significant adverse effect upon its character or harm the landscape quality. In addition, given the considerable distance from the Forest of Bowland AONB, and the scale of the turbine, it is not considered that there would be an adverse impact on that designated area.

7.24 Benefits of the contribution to Renewable Energy

As set out within the NPPF, the government seeks to support the transition to a low carbon future by, amongst other things, encouraging the use of renewable resources through the development of renewable energy. It indicates that to help increase the use and supply of renewable and low carbon energy, local planning authorities should recognise the responsibility on all communities to contribute to energy generation from renewable or low carbon sources. It also states that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions. In determining this application regard should be made local policies contained in both the Lancaster District Local Plan (E22) and the Lancaster District Core Strategy (policy ER7). These policies look favourably on renewable energy schemes and seek to promote and encourage proposals provided that potential impacts are satisfactorily addressed.

7.25 It is the intention of the applicant that a charity “Friends of Borwick Fishing” is to be set up in consultation with the Disabled Anglers Association. The Charitable Trust that has been set up specifically to enable Borwick Fishing to enhance the facilities on site for the disabled and disadavanted groups, as well as further improving the environmental conditions of the site. The applicant has stated that 10% of the net generated profit of the turbine will be donated to this charity.

8.0 Planning Obligations

8.1 There are no planning obligations to consider as part of this application.

9.0 Conclusions

9.1 The proposal will generate renewable energy, which is in accordance with national and local planning objectives. The NPPF states that applications for renewable energy schemes should be approved if its impacts are or can be made acceptable. As set out above, the proposal is not considered to have a significant impact on the character or appearance of the landscape, the Areas of Outstanding Natural Beauty, residential amenity, ecology or nearby heritage assets.

Following the additional technical information submitted by the applicant which has allowed a more detailed assessment on the landscape impacts, it is recommended that the proposed turbine is considered acceptable in this location.

Recommendation

That Planning Permission BE GRANTED subject to the following conditions:

1. Standard 3-year timescale (for implementation) 2. Development to accord with approved plans 3. Submission of a Construction & Traffic Management Method Statement 4. The planning permission for the wind turbine is for a period not exceeding 25 years from the date that electricity is first generated or it is first connected to the electricity grid. The dates of (a) first electricity generated or (b) connection to the grid shall be notified in writing to the local planning authority within 28 days of whichever event occurs first. 5. At the end of the 25 year period the turbine shall be decommissioned and removed from the site and the site restored. Twelve months before the decommissioning of the wind turbine, a scheme for the restoration of the site shall be submitted to the local planning authority for approval in writing. The scheme shall make provision for the removal of the wind turbine and any associated ancillary equipment. The scheme shall include details of the management and timing of the works. All decommissioning and restoration works shall be carried out in accordance with the approved scheme. 6. If the wind turbine fails to produce electricity for a continuous period of 12 months the wind turbine and its associated ancillary equipment shall be removed from the site and the land shall be reinstated within a period of 3 months from the end of that 12 month period in accordance with a scheme submitted to and approved in writing by the local planning authority prior to the commencement of development. The scheme shall be implemented as approved. 7. No development shall commence until precise details of the external finish, colour and materials of the wind turbine have been submitted to, and agreed in writing by, the local planning authority. The development shall be carried out in accordance with the approved details. The wind turbine shall not be illuminated, or display any name, sign, symbol or logo. 8. All cabling associated with the approved development shall be installed underground. 9. No new tree or shrub planting or habitat improvement shall take place within 50m of the wind turbine 10. The turbine shall be reduced in speed and should be set to 8m/s from one hour before dusk until one hour after sunrise, and quarterly statements should be submitted from an independent third party to verify that the turbine is operating in accordance with the specified restriction 11. At the request of the local planning authority, following any reasonable noise related complaint made to it, the applicant and/or any other successor in title shall, at their expense, employ a consultant approved by the local planning authority, to assess the turbine noise levels at the complainant's property, and where noise levels exceed the levels specified in ETSU-R-97 carry out necessary mitigation (again at their own expense) in order to bring noise levels into compliance.

Article 31, Town and Country Planning (Development Management Procedure) (England) Order 2010

In accordance with the above legislation, the City Council can confirm the following:

The proposal complies with the relevant policies and provisions of the Development Plan and on consideration of the merits of this particular case, as presented in full in this report, there are no material considerations which otherwise outweigh these findings.

The local planning authority has proactively worked with the applicant/agent in negotiating amendments which have now positively influenced the proposal and have secured a development that now accords with the Development Plan and the National Planning Policy Framework.

Human Rights Act

This recommendation has been reached after consideration of the provisions of The Human Rights Act. Unless otherwise stated in this report, the issues arising do not appear to be of such magnitude to override the responsibility of the City Council to regulate land use for the benefit of the community as a whole, in accordance with national law.

Background Papers

None