Agenda Item Committee Date Application Number

A9 7 April 2014 13/00986/FUL

Application Site Proposal

Greenlands Farm Erection of a 100kw wind turbine (35m high from ground to blade tip) Burton Road

Priest Hutton

Carnforth

Name of Applicant Name of Agent

Urban Wind Ltd Mr Adele Ellis

Decision Target Date Reason For Delay

13 November 2013 Awaiting further information

Case Officer Ms Eleanor Huddleston

Departure None

Summary of Recommendation Approval

(i) Procedural Matters

A request has been made by Councillor Mace for the application to be determined by the Planning Committee as a result of concerns regarding the visual and cumulative impact and scale of the turbine in relation to the nearest residential property.

1.0 The Site and its Surroundings

1.1 The site relates to an agricultural field located to the north of Greenlands Farm which is situated on the north western side of the B6070 Burton Road. It is located approximately 1km to the north west of , 1.1km to the north of , 1.7km to the east of , 2.6km to the north east of Warton and 2.1km to the south west of Burton-in-Kendal. The site is occupied by a range of traditional and more modern farm buildings, many of which have been converted to a variety of non-agricultural uses which includes educational, leisure and retail uses. There is a vehicular access to a car park located to the north east of the site’s frontage.

1.2 The field to which the application relates rises to the north from the farm buildings, and is enclosed predominantly by hedgerows with some areas of stock proof fencing and a section of stone wall along part of the highway boundary. A public bridleway runs adjacent to the western boundary and links Burton Road to the A6 via Locks on the . Adjacent to the northern boundary is a group of trees, just beyond which is the highest point of the hill at 64m Above Ordinance Datum (AOD). The Lancaster Canal is located approximately 203m to the west of the site, with the a further 40m beyond this. Both of these run in a north-south direction and this section of the canal is no longer in use. A line of electricity pylons lies on the western side of the motorway. The West Coast Mainline railway is approximately 550m to the west of the M6 and the and Silverdale Area of Outstanding Natural Beauty (AONB) lies just beyond this. It extends to Bay in the west, just beyond Warton to the south and into to the north.

1.3 The nearest residential properties are Greenlands Cottages, located approximately 260m to the south east, and consist of a terrace of four dwellings at 90 degrees to the highway. Adjacent to these is a caravan site and another residential property, Low Greenlands, set further from the highway. Another residential property, Buckstone House, is located approximately 300m to the north east and Gatelands House lies approximately 425m to the south west. Slightly further from the site is the Longlands Hotel, on the opposite side of Burton Road to Greenlands Farm, and Tewitfield Marina to the south of this.

1.4 Buckstone House and eight locks on the Lancaster Canal are Grade II Listed, in addition to Tewitfield farm which is approximately 470m to the south west of the site, on the western side of the M6. Borwick, Priest Hutton, Yealand Conyers, Warton and Burton-in-Kendal all have Conservation Areas in addition to various Listed Buildings. There are some more significant buildings within the area which include: the Grade I Borwick Hall, Gatehouse and Stables (1.2km to the south east); the Grade I Listed and Scheduled Old Rectory at Warton (2.8km to the west) and the Grade II* listed Capernwray Hall (3.2km to the south east).

1.5 The application site is located within the Countryside Area as identified on the Local Plan proposals map. Morecambe Bay lies approximately 4km to the south west and is designated as a Site of Special Scientific Interest (SSSI), Special Area of Conservation (SAC), Special Protection Area (SPA) and Ramsar site.

2.0 The Proposal

2.1 Planning permission is sought for the erection of a 100KW wind turbine. It would be a three bladed structure with a height of 23m to the hub and 35m to the blade tip. Each blade would have a length of 12m. It is proposed to be located 290m to the north of the Greenlands Farm access point with Burton Road, 72m from the boundary with the bridleway to the west and 58m from the hedgerow along the northern boundary of the field.

2.2 The turbine would be sited on a concrete base with a reinforced concrete foundation. A crane hardstanding is proposed adjacent to the base to allow the turbine to be constructed. Access is proposed via the existing access to Greenlands Farm and using the bridleway from the farm buildings to the site. Approximately 80m of track is proposed from the field gate to the site of the turbine. Permission is sought for a period of 25 years after which time the turbine will be removed and the site restored.

3.0 Site History

3.1 Greenlands Farm has an extensive planning history and is set out below. The current proposal is a resubmission of a previous application (13/00494/FUL) for the erection of a 35m high turbine which was submitted in May 2013. This was withdrawn following various concerns regarding the submission.

Application Number Proposal Decision 12/01192/FUL Change of use of two agricultural buildings into (1) multi- Permitted purpose leisure use and (2) workshop and retail use, part of yard into car park, removal of redundant silos/water towers and installation of four photovoltaic panels on each converted building 10/01035/RCN Removal of condition 4 on application 09/00131/CU Permitted (restriction of opening times of plant centre and children’s play centre to times when the farm interpretation centre as a whole is open to visitors) 09/00131/CU Change of use of agricultural building and land to indoor Permitted play area, open farm and plant centre. 09/00084/FUL Erection of a stable block and sand ménage Permitted 08/00428/CU Change of use of part of the animal farm and environment Permitted centre building to a wine storage and retail unit 07/01278/FUL Erection of an extension for a food storage area Permitted 06/00539/CU Continuation of use of agricultural land as grass boarding Refused (decision centre with associated works and construction of new upheld on appeal) highway access 05/01041/CU Change of use and conversion to farming interpretation Permitted and environment centre 95/01095/FUL Erection of a livestock building Permitted

4.0 Consultation Responses

4.1 The following responses have been received from consultees:

Consultee Response Priest Hutton Parish Object. This is an industrial commercial venture and should not be sited in a Green Council Belt. (Officer Note – this is incorrect, the land is not in Green Belt). The proposal would have adverse landscape and visual effects and would be harmful to the character and appearance of the area. It would also be harmful to local economic interests, especially those arising from the tourist/holidaymaker trade. They suggest County highways and the Police assess the traffic impacts arising from the proposal. The entrance and exit will be the same for heavy traffic and visitors to the farm.

Borwick Parish Object. The turbine would dominate the area for a considerable distance in virtually Meeting every direction, given that it is set near the summit of a hill surrounded by villages and local viewpoints (e.g. ). Potential intrusive impacts upon village Conservation Areas, Grade I Borwick Hall and the Arnside/Silverdale AONB, as well as the surrounding landscape. They also oppose the scheme in relation to bird impact; potential health impacts (including proximity to dwellings). They comment that there is growing evidence that turbines are not an economic form of green energy. They suggest that the local planning authority should wait some time to find out exactly what is proposed (nationally) rather than give the go-ahead to a scheme that is likely to be controversial.

Burton-in-Kendal Object, on the grounds that the development would adversely affect the character and Parish Council appearance of the rolling farmland, and when considered in the context of other turbines planned further north, would lead to sequential development on open farmland. Express concern that applications for wind turbines in the M6 corridor appear to be being made without any overall plan or consideration of the total effect that they will have.

Yealand Conyers No comments received. Parish Council Yealand Redmayne No comments received. Parish Council Environmental After some initial concerns regarding the conclusions drawn relating to predicted noise Health levels at one of the measurement sites chosen, they are satisfied that noise levels from the proposed turbine will not cause disturbance to residents of properties in the area, following the submission of additional information.

Conservation Within 1km of the proposed site are a number of heritage assets. Tewitfield Locks, a flight of 8 locks grade II listed, are situated parallel to the M6 and at this point are in a green corridor of trees and other planting which contains visually the principal setting and viewpoints of these assets. Therefore the proposal although visible at the southern end of the rise will not unduly impact on the setting. Buckstone House (grade II Listed) is situated some 310m away and around 20m higher than the site and with a substantial intervening tree belt. Tewitfield Farm (grade II listed) is situated some 470m away from the proposal. It may be partially visible but is separated by intervening planting belts, adjacent to the M6, canal corridor and an overhead power line and is some 10m lower in the landscape. Priest Hutton Conservation Area is situated some 800m away with intervening rising ground, tree belts and orientation of the properties. Dale House (Grade II) is situated some 910m away and with intervening rising ground, tree belts and the orientation of the property.

In view of the above it is considered that the proposal will not cause any significant direct impact on the setting of the surrounding heritage assets.

English Heritage Do not consider there is enough information within the application to assess the impact of the wind turbine on heritage assets within the zone of visual in fluence. There are five highly-graded listed buildings within close proximity to the proposed site in the zone of visual influence that have still not been included in the impact assessment within the heritage statement as well as the grade II registered park and garden at Capernwray Hall. The listed buildings include the grade I Borwick Hall, Gatehouse and Stables (1.2km to the SE); the grade I listed and scheduled old rectory at Warton (2.8km to the W) and the grade II* listed Capernwray Hall (3.2km to the SE). There are no detailed assessments for the Conservation Area within close proximity including Yealand Conyers and Redmayne, Warton, Priest Hutton and Burton in Kendal. They urge that these issues are addressed and recommend the application is determined in accordance with national and local policy guidance, and on the basis of specialist conservation advice.

Natural The site is located approximately 4km north-east of the Morecambe Bay Site of Special Scientific Interest (SSSI). This SSSI is part of the Morecambe Bay Special Area of Conservation (SAC), Special Protection Area (SPA) and Ramsar. It is of European importance throughout the year for a wide range of bird species that are vulnerable to the effects of wind turbines and the applicant has failed to identify it in the list of statutory designated sites within 5km radius of the site. However, given the small-scale nature of the proposed turbine and its siting close to the M6 motorway (highly disturbed), it is unlikely that bird species associated with the SPA/Ramsar would use this area for feeding and therefore do not consider that this proposal will impact significantly on any species of bird associated with the designated site. Provided there is no additional evidence of protected and sensitive bird species present, the proposal is not likely to have a significant effect on the interest features for which the Morecambe Bay SPA and Ramsar site has been classified, nor will it damage or destroy the interest feature species for which the SSSI has been designated.

This proposal is approximately 800m from the eastern boundary of the Arnside & Silverdale AONB. They consider that the Landscape and Visual Assessment does not provide sufficient information to fully assess impacts on the designated landscape and advise that further information is obtained. Bats are particularly susceptible to wind turbine developments and there appears to be hedgerows close to the site. They advise that the development complies with the guidance contained within Natural England Technical Information Note TIN051. They expect other possible impacts on local sites, local landscape character and biodiversity priority habitats and species to be assessed.

RSPB No comments received.

North No comments received. Bat Group Ministry of Defence No objection.

Civil Aviation No site-specific comments due to there being a high demand for CAA comment on Authority planning applications. Advice is provided instead.

National Air Traffic No objection Services BAE Warton No objection

Blackpool Airport No comments received

County Highways No objections. Upon completion of the works it is likely that there will be a negligible traffic impact associated with the proposal. However, during the period of construction delivery of components and lifting equipment to/from site are likely to have a significant impact on vehicle movements over surrounding lengths of the public and private highway network. They suggest conditions requiring the submission of a Construction Management Method Statement and a designated route for vehicles to be agreed.

Public Rights of No objection, subject to the public bridleway remaining open and safe for use by the Way Officer public at all times. If any surfacing works are required on the access route (part of which is along the public bridleway) the applicant must agree any surfacing works with the County Council prior to the works commencing.

Ramblers No comments received Association County Landscape No comments received Officer Arnside & Silverdale Object. The development would, through its proximity to other turbines (both AONB Partnership proposed and approved for development but not yet constructed), have detrimental impacts on both the landscape and special qualities of the AONB, and reduce the potential economic benefits to the area of sustainable tourism. They believe this proposal is contrary to the AONB purpose of designation.

Although the proposed turbine’s construction, in terms of scale and finish would be less prominent within the landscape than other proposed turbines of twice the height, the development would have noticeable visual impacts on views from the farmland, parkland and limestone hills of the eastern margin of the Arnside & Silverdale AONB. It would cause significant harm to the local landscape character and all such prominent vertical structures in the low-lying drumlin landscape will cause significant visual intrusion locally. Grave concerns are developing regarding the cumulative negative impacts of a number of applications coming forward for wind turbine development along the M6 corridor adjacent to the eastern boundary of the AONB. It is recognised that renewable energy development is important but it is considered that this proposal, located in a low-lying area with open views, would have significant detrimental impacts on the integrity and special qualities of the AONB, particularly if other adjacent schemes are also approved.

Canal and River No comments to make Trust Joint Radio This proposal cleared with respect to radio link infrastructure operated by Electricity Company North West, National Grid Gas Networks and United Utilities(Water) National Grid No comments received Ofcom No comments received Police Air Support No comments received Unit Air Ambulance No comments received United Utilities No comments received FELLS No comments received

5.0 Neighbour Representations

5.1 23 letters of objection have been received which raise the following concerns:

• Detrimental to character of the area • Will be visually intrusive particularly given elevated position • The magnitude of change to the landscape character would be substantial • Cumulative impact with existing and other proposed turbines • Would be an alien structure in a rural environment • Impact on Area of Outstanding Natural Beauty • Impact on surrounding Conservation Areas • Visual impact on Priest Hutton and Borwick • Visual impact on approach to the Lake District as a result of several turbines along the M6 corridor • Highway safety impacts, including distraction to drivers; abnormal load movements during delivery of components; potential debris from deliveries • Impact upon residential amenity, including noise, shadow flicker, view, health, and vibration • Impact on property values • Impact on wildlife including birds and bats • Unacceptably close to public footpaths and bridleways particularly if turbine were to fall • Potential risk from ice throw • No community benefits • Impact on the desirability of the nearby holiday accommodation to the detriment of the local economy • The need to protect the surroundings and environment outweighs any benefit from one turbine’s contribution to national power generation. • Large amounts of concrete will be used in the base of the turbine and this should be completely removed at the end of the turbines life • Risk to low flying aircraft • Turbines are not cost effective and other options should be considered • Likely to be manufactured abroad so no benefit to UK economy • The Coalition Government has indicated that developments should not be permitted if the local community is opposed to a scheme and this is enshrined in the Localism Bill.

6.0 Principal National and Development Plan Policies

6.1 National Planning Policy Framework (NPPF)

The National Planning Policy Framework (NPPF) indicates that the purpose of the planning system is to contribute to the achievement of sustainable development. Paragraph 7 states that there are three dimensions to sustainable development: economic, social and environmental; and that these roles are mutually dependent and should be sought simultaneously through the planning system.

At the heart of the NPPF is a presumption in favour of sustainable development . The following paragraphs of the NPPF are relevant to the determination of this proposal:

Paragraph 17 (Core Principles) sets out 12 core land-use planning principles which should underpin both plan-making and decision taking. The principles which are relevant to this application state that planning should: be genuinely plan-led; be supportive of sustainable economic development; seek high quality design and good standards of amenity for existing and future occupants of land and buildings; take account of different roles and character of different areas, recognising the intrinsic character and beauty of the countryside and supporting thriving rural communities within it; support the transition to a low carbon future in a changing climate and encourage the use of renewable resources; and contribute to conserving and enhancing the natural environment.

Paragraph 28 states that planning policies should support economic growth in rural areas in order to create jobs and prosperity by taking a positive approach to sustainable new development. Local and neighbourhood plans should support sustainable rural tourism and leisure developments that benefit businesses in rural areas, communities and visitors, and which respect the character of the countryside. NPPF paragraph 81 of “planning positively for opportunities to retain and enhance landscapes and visual amenity.”

Paragraph 98 states that when determining planning applications local planning authorities should not require applicants 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.

Paragraph 109 states that the planning system should contribute to and enhance the natural and local environment by: • protecting and enhancing valued landscapes, geological conservation interests and soils; • recognizing the wider benefits of ecosystem services; minimizing impacts on biodiversity and providing net gains where possible; • preventing both new and existing development from contributing to or being put at unacceptable risk from unacceptable levels of soil, air water or noise pollution or land instability; and • remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land.

Paragraph 115 sets out that great weight should be given to conserving landscape and scenic beauty in National Parks, the Broads and Areas of Outstanding Natural Beauty, which have the highest status of protection in relation to landscape and scenic beauty. The conservation of wildlife and cultural heritage are important considerations in all these areas.

In relation to noise, paragraph 123 sets out that decisions should aim to avoid noise from giving rise to significant adverse impacts on health and quality of life; mitigate and reduce impacts to a minimum, including through the use of conditions; and identify and protect areas of tranquillity which have remained relatively undisturbed by noise and are prized for their recreational and amenity value for this reason.

Paragraph 129 sets out that local planning authorities should identify and assess the particular significance of any heritage asset that may be affected by a proposal (including by development affecting the setting of a heritage asset) taking account the available evidence and necessary expertise. This assessment should be taken into account when considering the impact of a proposal on a heritage asset, to avoid or minimise conflict between the conservation of the heritage asset and any aspect of the proposal. Paragraph 132 goes on to state that when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to its conservation. The more important th e asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. Non-designated heritage assets or archaeological interest that are demonstrably of equivalent significance to scheduled monuments should be considered subject to the policies for designated heritage assets.

6.2 Planning Practice Guidance

On 6 March 2014 the Department for Communities and Local Government (DCLG) launched its planning practice guidance. However, the guidance in relation to Renewable and Low carbon Energy was published last year following a written statement to Parliament, from the Secretary of State for the Department of Communities and Local Government (DCLG), regarding local planning and onshore wind.

The key points are as follows:

• The guidance re-emphasises the NPPF position that all communities have a responsibility to help increase the supply of green energy – but that this does not mean that the need for renewable energy automatically overrides environmental protections and the planning concerns of local communities. • Local planning authorities may wish to establish policies which give positive weight to renewable and low carbon energy initiatives which have clear evidence of local community involvement and leadership • Cumulative impacts require particular attention, especially the increasing impact that wind turbines can have on landscape and local amenity as the number of turbines in an area increases • Local topography is an important factor in assessing whether wind turbines and large scale solar farms could have a damaging effect on landscape and recognise that the impact can be as great in predominately flat landscapes as in hilly or mountainous areas • Great care should be taken to ensure heritage assets are conserved in a manner appropriate to their significance, including the impact of proposals on views important to their setting • Proposals in National Parks and Areas of Outstanding Natural Beauty, and in areas close to them where there could be an adverse impact on the protected area, will need careful consideration • Protecting local amenity is an important consideration which should be given proper weight in planning decisions. • Local planning authorities should not rule out otherwise acceptable renewable energy developments through inflexible rules on buffer zones or separation distances. Other than when dealing with setback distances for safety, distance itself does not necessarily determine whether the impact of a proposal is unacceptable

Wind turbine applications must be assessed in terms of noise, safety, electromagnetic transmissions, ecology, heritage, shadow flicker, landscape and visual impacts, including cumulative impacts. The expectation should be that proposals will be approved where the impact is, or can be made, acceptable.

6.3 Development Plan Weighting

Paragraph 215 of the NPPF advises that “ due weight should be given to relevant policies in existing (Development) Plans according to their degree of consistency with this Framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given)” . In the Lancaster District, the Development Plan consists of the Lancaster District Core Strategy and the Saved Policies of the Lancaster District Local Plan. Relevant policies of each document are referred to over the following pages.

6.4 Lancaster District Core Strategy

Policy SC1 (Sustainable Development) – seeks to ensure that new development proposals are as sustainable as possible, minimise greenhouse gas emissions and are adaptable to the likely effects of Climate Change. It sets out a range of criteria against which proposals should be assessed. Development must not result in unacceptable flood risk or drainage problems; must not result in loss or harm to features of significant biodiversity, landscape, archaeology or built heritage importance; and be appropriate to the character of the landscape.

Policy SC3 (Rural Communities) – In rural areas and in smaller, more remote villages in particular, the Council will work with the Local Strategic Partnership, Parish Councils and other local stakeholders to protect, conserve and enhance rural landscapes and the distinctive characteristics of rural settlements.

Policy ER7 (Renewable Energy) – The Council will promote renewable energy in the district by encouraging the development of renewable energy resources across the District including, but not limited to, the promotion of South as a focus for renewable energy and biomass technology whilst ensuring the protection of Natura 2000 sites including Morecambe Bay, Bowland Fells and Leighton Moss Special Protection Areas from adverse effects.

Policy E1 (Environmental Capital) – The Council will safeguard and enhance the District’s Environmental Capital by: protecting and enhancing nature conservation sites, landscapes of national importance, listed buildings, conservation areas and archaeological sites; resisting development which would have a detrimental effect on environmental quality and public amenity; identifying how habitats in urban and rural areas will be protected and, where possible, enhanced; and conserving and enhancing landscapes.

6.5 Lancaster District Local Plan - adopted April 2004 (saved policies)

Policy E3 (Area of Outstanding Natural Beauty) – development within and adjacent to Areas of Outstanding Natural Beauty which would either directly or indirectly have a significant adverse effect upon the character or harm the landscape quality, nature conservation interests, or features of geological importance will not be permitted. Any development must be of an appropriate scale and use materials appropriate to the area.

Policy E4 (Countryside Area) – Within the countryside, development will only be permitted where it is in scale and keeping with the character and natural beauty of the landscape; is appropriate to its surroundings in terms of siting, scale, design, materials, external appearance and landscaping; would not result in a significant adverse effect on nature conservation or geological interests; and makes satisfactory arrangements for access, servicing, cycle and car parking.

Policy E12 (Nature Conservation) – In determining proposals, impacts upon wildlife, wildlife habitats, protected species and important geological features should be taken into full account. Where development is permitted, developers will be required to minimise any adverse impact and/or create and provide for the appropriate management of compensatory wildlife habitats.

Policy E22 (Wind Turbines) – Partly superseded by the Core Strategy, states that proposals for the development of wind turbines will be assessed against their impact on the character of the landscape (including cumulative impact), nature conservation, historical conservation and nearby dwellings. Within Areas of Outstanding Natural Beauty, wind turbines will only be permitted where the applicant can demonstrate that no alternative suitable site exists elsewhere, that the economic benefits of the proposal clearly outweigh any adverse impact on the areas and that any such impact is minimised.

Policy E35 (Conservation Areas) – development proposals which would adversely affect important views into and across a Conservation Area or lead to an unacceptable erosion of its historic form and layout, open spaces and townscape setting will not be permitted.

Policy T27 (Rights of Way) – Development proposals that would adversely affect the route or characteristics of an existing or proposed right of way will only be permitted where a satisfactory diversion can be provided and secured in advance of development.

6.5 Emerging Local Plan Policies (Draft Development Management DPD - Autumn/Winter 2012)

The Council is at a well-advanced stage of preparation of the Development Management DPD. The degree of weight that can be afforded to emerging policies varies depending on stage of preparation of the emerging plan, the extent to which there are unresolved objections to relevant policies and the degree of consistency with the Framework (paragraph 216 of the NPPF). Increasing weight can therefore be afforded to the following draft policies:

Policy DM17 (Renewable Energy Generation) – The Council will support proposals for renewable and low carbon energy schemes that offer the opportunity to contribute to a low carbon future where the direct and indirect impacts are, or will be made, acceptable provided that the proposal would not have an unacceptable significant effect as a result of its scale, siting or design on the landscape, visual amenity, biodiversity, geodiversity, townscape and historic assets and will not unduly affect highway safety. The impacts of the development should be mitigated to ensure that there are no significant effects on the amenities of sensitive neighbouring uses. The wider environmental, economic, social and community benefits directly related to the scheme should outweigh any significant adverse effects.

Policy DM18 (Wind Turbines) – Proposals will be supported in principle if the direct and indirect impacts are, or can be made, acceptable provided that they do not have unacceptable significant effects on: the landscape’s character and value; local residents and sensitive users by way of noise, shadow flicker or visual impacts; areas of ecological value, especially protected species or habitats; and heritage assets. The following should also be addressed: impacts on television reception; impacts on playing fields, public rights of way and bridleways; ensuring adequate and appropriate access; impacts on trees; ensuring protection of the most valuable and productive agricultural land; hydrological and drainage impacts; impacts on aviation/ marine navigation systems; and ensuring the integrity of areas of deep peat are not adversely affected.

Policy DM28 (Development and Landscape Impact) - Within the open countryside development will only be permitted where it is in scale and keeping with the natural beauty of the landscape and is appropriate to its surroundings in terms of siting, scale, design, materials, external appearance and landscaping. Consideration will be given to both the individual and cumulative impacts of a proposal.

6.8 Other Guidance

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 Landscape Character Area 12b Low Coastal Drumlins. The study sets out that this area has a moderate to high sensitivity with the potential to accommodate small and possibly medium scale wind energy development.

7.0 Comment and Analysis

7.1 The main issues raised by this proposal relate to:

• Landscape and visual impact • Cumulative Impact • Impact on Designated Landscapes • Impact residential amenity • Ecological Impacts • Impact on the Historic Environment • Highway Impacts • Public rights of way and tourism • Aviation and Telecommunications • The contribution to renewable energy generation

7.2 Landscape and Visual Impact

7.2.1 The application site lies within the District's Countryside Area and is located within a landscape character area defined as Low Costal Drumlins. This character type consists of areas of low, whaleback hills around 40 metres high with broad rounded tops, and is gentler and of lower altitude than that of the Drumlin Field. The alignment of drumlins gives the landform a distinctive grain. The strong pattern of pastures emphasises the undulating topography, with neat, low cut thorn hedges traversing the drumlins. Trees and shrubs are limited in this agricultural landscape, although small copses occur on the tops and sides of the drumlins. There are three specific areas defined as low coastal drumlins in Lancashire, this one is covered by sub-type Warton-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. The ‘Landscape Sensitivity to Wind Energy Development Study in Lancashire’ (2005) describes this character area as having moderate to high sensitivity to wind energy development.

7.2.2 The area is characterised by a gently undulating landscape with fields generally separated by hedgerows, interspersed with the occasional individual or groups of trees. There are some significant man-made features in the locality of the proposed turbine. The Lancaster Canal is located approximately 203m to the west of the site, with the M6 motorway a further 40m beyond this. There is a line of electricity pylons adjacent to the motorway, approximately 295m from the site. Within the vicinity of the site there are also some small scale electricity poles and there is a mast located approximately 1.2km to the north. The hills in the area are of a similar scale to the one where the turbine is proposed. There is a rise in the landscape on the southern side of Burton Road, in between the site and Borwick, and a similar rise to the southeast, close to Priest Hutton. There are several slightly larger rises in the landscape to the north between the site and Burton-in-Kendal. The land form is generally lower to the south west rising up through Warton up to Warton Crag. The land to the west undulates gently, rising slightly higher at Yealand Conyers than the hill where the turbine is to be sited.

7.2.3 A landscape and visual impact assessment has been submitted as part of the application. This includes photomontages and a Zone of Theoretical Visibility (ZTV) map. The latter shows where the turbine would likely be visible, taking into account the topography but not buildings or trees. This shows the visibility to be generally quite localised to the east and west, within approximately 2.5km in either direction. To the north and south, this is greater, and does include more distant views from Morecambe and Heysham and Caton Moor and Blanch Fell in the AONB.

7.2.4 Seven photomontages have been submitted which show viewpoints of the proposed turbine from distances between 500m and 2.5km. The one closest to the site, from Burton Road, shows the turbine as a large vertical feature within the landscape, but also seen in the context of the farm buildings, the slightly rising land of the field in which it is to be sited, and the large group of trees on the top of the hill. The viewpoints from the south east, near Borwick and Priest Hutton, show the turbine in the context of the undulating landscape in addition to groups of trees and indicate that from some viewpoints the lower part of the turbine is likely to be screened by the landscape and in others would be seen against the sky. From these views the turbine is likely to appear more contained within the landscape. There is a view from adjacent to the canal to the north which shows most of the turbine visible against the sky but with the land rising to the top of the hill and the group of trees.

7.2.5 One of the photomontages is taken from the east, within the Arnside and Silverdale AONB, at the southern end of Yealand Conyers. This shows all of the turbine visible against rising land to the east which includes groups of trees. From this view it appears divorced from any buildings. The last two viewpoints are from the south west, one at 1.27km with the other at 2.5km. The closer one to the site is taken with the M6 in the foreground and shows the turbine on raised land against the sky with a large group of trees to one side. The more distant view shows Pine Lake in the foreground and the tip of the turbine blades visible above trees. Although the photomontages do not show every view where the turbine will be visible, they give an indication of likely views in the context of the surrounding landscape.

7.2.6 The submission sets out that the turbine is to be sited at a height of approximately 43 AoD which is 20m lower than the highest point of the hill. There is a large group of trees located at the summit which adds to its height. This helps to provide some screening to the turbine from the north east and provides context in views from the south and south west. The undulating landscape surrounding the development will play a role in breaking up views of the turbine. This should be the case from Borwick, and some of Priest Hutton where the intervening landscape will help to screen the lower part of the turbine.

7.2.7 The greater visual impacts are likely to be localised given the undulating landscaping which will help break up views of the whole turbine, particularly to the east and south. To the east, the turbine will be mainly seen against rising land. As such, it is not considered that the proposed turbine will have a significant adverse visual impact. A darker finish would help it blend into the landscape when viewed from the east. The natural character of the surrounding landscape is already compromised to some degree by what could be described as a major transport corridor particularly with the presence of the M6 and the large electricity pylons and transmission lines. The site is located within the low coastal drumlins landscape character area which has potential to accommodate small and possibly medium scale wind energy development. In terms of siting, the turbine is to be positioned off the top of the hill, and the trees provide additional height to this. Given this and the existing man-made features close to the site, it is not considered that the proposal will be detrimental to the landscape character of the area.

7.3 Cumulative Visual Impacts

7.3.1 Cumulative effects may arise where two or more of the same type of renewable energy developments are visible from the same point, or are visible shortly after each other along the same journey. The key considerations are whether the proposed wind turbine would be seen in combination with other wind turbines/wind farms and if this occurs, would there be any significant landscape and visual impacts. The main existing and consented wind energy developments that the proposed wind turbine may be seen in combination with are:

• Burton Services – 70m high (1.8km to the north). Consented • Back Lane Quarry, – 78m high (4.9km to the south). Operational. • Lane End Farm, – 27m high (5.8km to south). Consented • Addington Road, Nether Kellet – 34.4m high (5.9km to south east). Consented

An application is also currently being considered for a 45m high turbine at Borwick Fisheries, approximately 1.7m to the south.

7.3.2 Given the distance between the proposal and the approved turbines in the area, it is not considered that there will be a significant cumulative impact where a number of turbines are seen in the same view. This turbine will be visible from the M6 motorway in addition to one at Lancaster University, Back Lane Quarry and Burton Services. However these are dispersed along this transport corridor and do not dominate the route. In addition, the proposal relates to a turbine of a smaller scale to these and as such will only be visible for a relatively short space of the route.

7.4 Impact on Designated Landscapes

7.4.1 The boundary with the Arnside and Silverdale AONB lies approximately 840m to the west of the site. The area extends to the west, including part of Morecambe Bay, to the north, just above in South Lakeland, and to the south, just beyond Warton. The submitted ZTV shows that visibility of the turbine would be limited predominantly to the eastern fringes of the AONB. Extensive woodland blocks and landform would limit visibility of the turbine from other central and western areas of the AONB which generally has an intimate and introspective landscape. The submitted photomontage, taken from the southern end of Yealand Conyers, shows all of the turbine visible against rising land to the east. The main views within the AONB are likely to be from the higher land, similar to this viewpoint, where the turbine would be visible against land rather than on the skyline. There is some lower land within the AONB, closer to the site, however the roads and footpaths crossing this are limited and therefore public views would be reduced.

7.4.2 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 would be viewed predominantly against rising land, and given its relatively small scale and its position in relation to the AONB, 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 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 either.

7.5 Impact on Residential Amenity

7.5.1 The nearest residential properties are Greenlands Cottages, located approximately 270m to the south east, and consist of a terrace of four dwellings at 90 degrees to the highway. Adjacent to these is a caravan site and another residential property, Low Greenlands, set further from the highway. Another residential property, Buckstone House, is located approximately 300m to the north east, and Gatelands House lies approximately 425m to the south west.

7.5.2 Following concerns raised by Environmental Health, a detailed noise assessment was submitted which included measurements taken at the nearest noise sensitive receptors to establish ambient and background noise levels. The report concludes that the turbine noise levels (as predicted at 10m/s) at Buckstone House and Gatelands House will be at or below the ETSU (noise) criteria at wind speeds below 3m/s based on the lowest measured background noise levels. Therefore as background noise levels will increase with wind speed the proposed turbine will meet the background noise level as background noise levels will increase with wind speed the proposed turbine will meet the background noise criteria specified by ETSU and will satisfy all of the noise limits specified by ETSU.

7.5.3 At Greenlands Cottages, the turbine noise levels (as predicted at 10m/s) are above the ETSU criteria at wind speeds below 3m/s, based on the lowest background noise levels. The report sets out that as the turbine only exceeds the criteria by 5.6dB at 3m/s it is reasonable to assume that the background noise level will increase by more than 6dB at wind speeds of 10m/s particularly taking account of the fact that the existing average backgrounds through the night time periods are typically around 40dB(A) and it is normal to see increase in background noise level of the order of 10dB between wind speeds 3m/s and 10m/s. Environmental Health have confirmed that they are satisfied that noise levels from the proposed turbine will not cause disturbance to residents of properties in the area.

7.5.4 Shadow flicker 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 240m from the turbine in this case). It can be a source of nuisance, however its effects can be relatively easily mitigated against. However, given that the closest property is approximately 270m to the south east, there will be no adverse impacts as a result of shadow flicker.

7.5.5 Greenlands Cottages and Gatelands House are oriented away from the site with the side gable facing towards the turbine. As such the main outlook of the dwellings or the gardens will not be dominated by the proposal. There is a significant amount of screening between the site and Buckstone House to the north east and as such there will be not be an overbearing impact on this property.

7.6 Ecological Impacts

7.6.1 The site is located approximately 4km north east of Morecambe Bay which is designated as a Site of Special Scientific Interest (SSSI), Special Area of Conservation (SAC), Special Protection Area (SPA) and Ramsar Site. It is of European importance throughout the year for a wide range of bird species that are vulnerable to the effects of wind turbines. Given the small scale of the proposed turbine and its siting close to the M6 motorway, Natural England have advised that it is unlikely that bird species associated with the SPA/Ramsar site would use this area for feeding. Therefore it is not considered that the proposal will impact significantly on any species of bird associated with the designated site and therefore the proposal is not likely to have a significant effect on the interest features for which the Morecambe Bay SPA and Ramsar site has been classified. It is also not considered that the development would adversely impact on the Morecambe Bay SSSI.

7.6.2 The Natural England guidance in relation to bats advises that a 50m buffer should be maintained around any feature, such as trees or hedges, to minimise risk to bat populations. This means the edge of the rotor-swept area needs to be at least 50m from the nearest part of the habitat feature. Taking measurements from the submitted drawings, the nearest hedgerow is 58m from the turbine and therefore complies with this guidance. As such it is not considered that the proposal will have a significant impact on bat populations.

7.6.3 The site is currently agricultural land which is grazed by sheep. A desk based ecological study has been submitted with the application. This sets out that although there are a number of records for species within the wider area, the separation of the turbine from features that could act as potential habitats in the immediate area is considered sufficient to ensure no considerable impacts could be reasonably anticipated in respect of local biodiversity. The site is proposed to be accessed via an existing track which is a bridleway. There are hedges on either side of the bridleway which is proposed as the access route. There are no details regarding the size of the vehicles required during construction. There is a reasonable amount of verge at either side of the track which may prevent any works being required to the hedgerows. Clarification has been sought regarding this and will be reported at the meeting. Subject to the receipt of acceptable details, it is not considered that the proposal will have any significant ecological impacts.

7.7 Impact on the Historic Environment

7.7.1 Within 1km of the proposed site are a number of heritage assets. Tewitfield Locks, a flight of 8 grade II listed locks, are situated parallel to the M6. Those closest the site are in a green corridor of trees and other planting which contains visually the principal setting and viewpoints of these assets. Therefore it is not considered that the proposal will not unduly impact on their setting. Buckstone House is Grade II Listed and is situated approximately 300m to the north east at a higher level than the site, with a substantial intervening tree belt. Tewitfield Farm is Grade II Listed and is situated approximately 470m from the proposal. This is also separated by intervening planting belts, and is adjacent to the M6, the canal corridor and an overhead power line. As such, it is not considered that the turbine would be detrimental to the setting of these two listed buildings.

7.7.2 Borwick, Priest Hutton, Yealand Conyers and Redmayne, Warton and Burton-in-Kendal all have Conservation Areas in addition to various Listed Buildings. Given the undulating landscape and intervening individual and groups of trees, as discussed above, it is not considered that the turbine would have a significant impact on the character and setting of the Conservation Areas or Listed Buildings within them.

7.7.3 There are also several more significant buildings located slightly further from the site. Borwick Hall, Gatehouse and Stables are Grade I Listed and situated approximately 1.2km to the south east. These buildings are on the southern side of Borwick and are surrounded by mature trees. Given this, it is unlikely that the turbine would be visible in main views of the hall and as such would not be detrimental to its setting. The Old Rectory at Warton is grade I listed and a Scheduled Ancient Monument and is approximately 2.8km to the south west of the site. When viewed in the direction of the site, the ruins of the building are seen in the context of housing within Warton. Given this, the distance and the scale of the turbine, it is unlikely that the proposal would have a significant impact on the setting of the building. Capernwray Hall is grade II*, has a grade II registered park, and is located 3.2km to the south east. The building is heavily screened by mature trees which form an important part of its setting and there is undulating land between it and the site. Given this, and the separation distance, it is unlikely that the turbine would have a significant impact on its setting.

7.8 Highways Impacts

7.8.1 The turbine is proposed to be constructed using the existing vehicular access to Greenlands Farm and the bridleway. The most significant traffic movements will be during this period. County Highways have raised no objections to the proposal subject to the submission of a Construction Management Method Statement which can be requested by way of condition.

7.9 Public rights of way

7.9.1 To the west of the site is a bridleway which links Burton Road to the A6 via Tewitfield Locks. It runs adjacent to the farm buildings at the site and is the proposed access for the installation of the turbine. The Public Rights of Way Officer has raised no objection, subject to the public bridleway remaining open and safe for use by the public at all times. If any surfacing works are required on the access route these must be agreed with the County Council prior to the works commencing. The turbine is to be sited 72m from the bridleway. This is greater than the fall over distance, which is the height of the turbine plus 10%. As such this is considered acceptable in terms of safety. With regards to the impact on horses, the turbine should be visible from the bridleway close to Burton Road so should not appear suddenly to horses, although may be screened for parts of the route by the hedgerows. There is no statutory distance for a turbine from a bridleway and the potential impact on horses is not mentioned in the recent government guidance. As such, it is not considered that the proposal will have a significant impact on the use of the bridleway.

7.9.2 It is acknowledged that the wider site surroundings have considerable landscape and amenity value for a wide range of groups including residents, tourists, workers, motorists, walkers and cyclists. The Arnside and Silverdale AONB is of national importance and there are numerous types of holiday accommodation in the area including the Longlands Hotel, and nearby caravan and chalet development. Given the scale of the turbine and that the visual impacts are likely to be more localised given the undulating landscape, it is not considered that the proposal would significantly impact on tourism to the area.

7.10 Aviation and Telecommunications

7.10.1 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.

7.11 Contribution to Renewable Energy Generation

7.11.1 As set out within the National Planning Policy Framework, 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.

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 Arnside and Silverdale Area of Outstanding Natural Beauty, residential amenity, ecology or nearby heritage assets. As such, the proposed turbine is considered acceptable in this location.

Recommendation

Planning Permission BE GRANTED subject to the following conditions:

1. Standard 3 year timescale 2. Development to accord with approved plans. 3. Submission of a construction & traffic management method statement including details regarding the proposed route for vehicles to and from the site. 4. Arboriculture Method Statement in relation to hedgerows adjacent to access track including protection measures, works proposed and mitigation if necessary. 5. Submission of details in relation to any surfacing works proposed to the access track/bridleway. 6. 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. 7. 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. 8. 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. 9. 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. 10. All cabling associated with the approved development shall be installed underground. 11. The new access track and crane hardstanding shall be removed and the land reinstated within 3 months of the wind turbine being first operational in accordance with a scheme to be submitted to and agreed in writing with the local planning authority prior to development commencing. 12. No new tree or shrub planting or habitat improvement shall take place within 50m of the wind turbine 13. The level of noise emissions from the wind turbine hereby permitted, when measured in free field conditions at the boundary of the nearest noise sensitive receptor not financially involved with the turbine which lawfully exists or has planning permission for construction at the date of this planning permission, or measured closer to the turbine and calculated out to the receptor in accordance with a methodology previously approved in writing by the local planning authority, shall not exceed 35dB(A) LA90,10min up to wind speeds of 10m/s measured at a height of 10m above ground. 14. 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 Condition 11 above carry out mitigation in order to bring noise levels into compliance. Details of the proposed mitigation measures and a programme of implementation shall first be submitted to and agreed in writing by the local planning authority.

Human Rights Act

This recommendation has been reached after consideration of the provisio ns 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.