Borough Council Planning Application 2/2014/0596

Proposed Proposed single wind turbine hub height 55.6m and tip height Development: 79.6m, 2 no. metering units, turbine assembly area, crane area and access track

Location: Land South of Off Moor Road Between A66 and A595 Great Clifton

Drawing Numbers - Site Location Plan DG-PLAN-LOC1 - Site Location Plan DG-PLAN-LOC2 Recommendation - Site Layout DG-PLAN-LAY - Material specification DG-DETAIL1 - E48 Wind Turbine Detail DG-DETAIL2

REFUSE

Summary/Key Issues

Issue Conclusion

Principle of The Allerdale Local Plan (Part 1) seeks to promote the Development development of renewable and low carbon energy resources provided the impacts (either in isolation or cumulatively) are, or can be made.

Paragraph 93 of the NPPF sets out that the provision of renewable energy infrastructure is central to the economic, social and environmental dimensions of sustainable development.

Regard should be made to the Ministerial Statement of 18 June 2015 which states that planning permission should only be granted where : - The development site is in an area identified as suitable for wind energy development in a Local or Neighbourhood Plan: and - Following consultation, it can be demonstrated that the planning impacts identified by affected local communities have been fully addressed and therefore the proposal has their backing.

The Ministerial Statement 18 June 2015 makes it clear that turbine development should be in specified areas and supported by local communities. Until further work is undertaken to identify suitable areas for such turbine development in Allerdale, turbine applications submitted post 18 June 2015 on a site outside an area identified as suitable for wind energy development in a Local or Neighbourhood Plan would be contrary to the 18 June 2015 Ministerial Statement. This application was, however, received prior to this Ministerial Statement on 18th August 2014. Community The application has 7 letters of objection from local residents. response There are also letters of objection from the nearest Parish Council, , Great Clifton and Winscales. Visual and The proposed turbine will increase the number of existing turbines Landscape and in the area and is considered to have a significant adverse visual cumulative impact impact on users of local roads and the surrounding area.

By virtue of the scale and siting of the proposed turbine. Officers consider that there is likely to be a significant adverse visual and landscape impact on users of local roads and footpaths.

There are also cumulative visual effects with other windfarm sites, particularly with the adjacent Winscales site. Residential The proposed turbine is within 800m of a number of residential amenity properties. The proposal is likely to have an adverse impact on the amenity of the residents of these properties, and there is no evidence of support from the local community for a separation distance of less than 800m in this case.

Shadow flicker is not anticipated to affect any residential properties. Noise Noise impacts from the turbine are likely to be acceptable and upper levels can be secured through planning conditions. Heritage The proposal will not have a significant adverse impact on any designated heritage assets or nature conservation interests. Operational Subject to conditions relating to construction operations, the requirements proposed development would not have an adverse impact on the highway network. Nature The impacts on nature conservation interests including bats and Conservation birds are not considered to be significant. However, local community representations consider that there could be an adverse impact. Hydrology and Flood risk and/or contamination of water are not anticipated to Drainage increase as a result of the development. Aviation The applicant is currently unable to satisfy the requirements of Interference NATS, a statutory consultee, in respect of air navigational radar. Potential benefits The proposal will make a contribution to renewable energy sources nationally. Energy produced would be used by the farm and exported.

Proposal

The proposal is for a single 500Kw turbine with a tower of 55.6m and tip height of 79.6m, with a 48m rotor diameter. It is proposed to be finished in pale grey matt colour. The transformer for the turbine is proposed to be located within the tower base, and two container units are proposed to be located adjacent to the turbine to house the switchgear for the turbine and a HVmeter room for Electricity North West. The metering units measure 3.05m x 2.95m and have a maximum height of 2.44m. An access track, approximately 75 metres long will be required during construction and decommissioning of the wind turbine. Connection cables to the local grid will be via underground ducting laid along the proposed and existing access roads.

The Enercon E48 wind turbine has been selected and the applicant has advised that there is an estimated annual carbon offset of 795 tonnes.

Site

The turbine is proposed to be located within an agricultural field, currently used for pasture. The site area for the development is 0.28 ha.

The site is adjacent to an established wind farm of 7 turbines of similar size (Winscales Moor Wind Farm, Winscales, Workington).

In addition, 11 further large turbines are located approximately 1.2km to the west (East Town End Farm, Winscales, Workington).

The site is on the outskirts of Workington approximately 1.5km south east of the residential suburb of Stainburn. Other settlements are noted as follows. Great Clifton 1km north, Little Clifton / Bridgefoot 1.4km east.

The nearest residential dwellings are within the settlements of Crossbarrow and Great Clifton.

Public highways surround the site. The A595 is noted 450 metres to the south with a number of other roads nearby including the A66 Stainburn bypass 350m to the north.

Relevant Policies

National Planning Policy Framework

Meeting the challenge of climate change, flooding and coastal change Conserving and enhancing the natural environment Supporting a prosperous rural economy

Planning Practice Guidance for Renewable and Low Carbon Energy June 2015

Allerdale Local Plan (Part 1) Adopted July 2014

Policy S1 – Presumption in favour of sustainable development Policy S14 – Rural economy Policy S19 – Renewable Energy and Low Carbon Technologies Policy S27 – Heritage Assets Policy S32 – Safeguarding amenity Policy S33 – Landscape Policy S35 – Protecting and enhancing biodiversity and geodiversity Policy S36 – Air, water and soil quality Policy S4 – Design principles Policy DM17 – Trees, hedgerows and woodland

The NPPF 2012 and the Allerdale Local Plan (Part 1) 2014 are broadly supportive of proposals for renewable energy development. The need to meet national targets for the generation of electricity and heat from renewable and low carbon sources is recognised as are the wider environmental, community and economic benefits of such development. However, the Ministerial Statement 18 June 2015 makes it clear that turbine development should be in specified areas and supported by local communities. Until further work is undertaken to identify suitable areas for such turbine development in Allerdale, turbine applications submitted post 18 June 2015 on a site outside an area identified as suitable for wind energy development in a Local or Neighbourhood Plan would be contrary to the 18 June 2015 Ministerial Statement.

Relevant Planning History

None

Representations

Electricity North West – Advise that the proposal has no impact on their electricity distribution system infrastructure or other ENW assets.

Cumbria County Council ‘Landscape and Countryside’ – Advise that they don’t consider the proposal to be a category 1 application. Therefore the County Council will not be responding from a strategic planning perspective. However, they comment that single turbines can have significant impacts on the landscape and visual amenity when the cumulative effects are considered. It is recommended that to assist in the decision making the following documents are used : - The Wind Energy Supplementary Planning Document - The Cumbria Landscape Character Guidance and Toolkit - The Cumbria Renewable Energy Capacity and Deployment Study

Cumbria County Council ‘Highways Authority’ – No objections subject to conditions being attached to any planning approval regarding the construction phase and the submission of a Traffic and Construction Management Plan.

Stobart Air – No objection subject to the fulfilment of two conditions.

Arqiva – No objection

NATS – Objects to the proposal as it conflicts with their safeguarding criteria.

Ministry of Defence – Requests that the turbine is fitted with aviation lighting

Natural England – Does not wish to make specific comment on the details of this consultation, and they have standing advice on protected species.

Friends of Rural Cumbria’s Environment (FORCE) – object on the following grounds : - Cumulative impact - Impact on landscape - Impact and residential amenity, contrary to Policies S32 and S33 of the Allerdale Local Plan. - There are a number of residential properties within 800m of the application site. This includes properties at Crossbarrow Old Farm, Fell View Farm, Brackenbarrow, Quarry Hill, Close End and at Clifton Hall Close and Clifton Gardens in the village of Great Clifton. - Policy S19 recommends a separation distance of 800m between wind turbines measuring over 25m to the blade tip and residential properties. - Ecology – The presence of foraging bats and breeding birds cannot be ruled out at the site, and the ecological report does no mention the protected Hen harrier breeding zone which is located within 150m of the application site. - The proposed turbine is incompatible with National Planning Policy, in particular the guidance issued in July 2013. - Inappropriate size and scale of the proposed turbine, as the energy produced would not be used to supply the applicant’s premises but exported directly to the National Grid. There is no demonstrable local need for a (derated) turbine of this size and capacity at this location.

Little Clifton Parish Council – Consider that the visual intrusion would be unacceptable to members of the local community and further afield; The size of the turbine is out of keeping with other turbines in the area and would be too incongruous and have a detrimental effect on the local environment; The area has already reached, if not exceeded, saturation point for turbines.

Great Clifton Parish Council – The turbine is too far away from the existing group of turbines and too close to the Great Clifton and Little Clifton Villages.

Winscales Parish Council – Recommend refusal due to the number of wind turbines already within the vicinity.

The application has also been advertised on site and neighbour notification letters have been sent out. 7 letters of objection have been received. The following issues are raised :

- Local residents already encounter noise disturbance from the existing turbines at Winscales, and this proposed turbine will be even closer to residential properties. Therefore the noise nuisance will be greater. - Light flicker may affect local properties - There are already a large number of wind turbines nearby. - During the course of construction there will be heavy machinery and traffic on Moor Road which is a narrow road and is already in a dilapidated state. - The consultation process has not been completed correctly by the applicant. - The residents of Mabel Wood Close have not been included in the council’s consultation letters. - There are already 18 turbines on the Winscales wind farm site. The proposed additional turbine will be even closer to residents - All the photomontages images appear to be wide angle images, making the turbines appear much less visually intrusive than they are in reality. - Need to bring a halt to the proliferation of this futile, inefficient, overly expensive and intrusive development which only benefits the landowner and the power producer. - At 79m it is a large industrial scale machine which will add to the cumulative effect which is a major concern in the Borough of Allerdale. - As a set back distance of 800m between these machines and residential properties is now required by Allerdale local planning authority this application should be refused anyway.

Main Issues:

Purpose and Need

The applicant has advised that they are anxious to develop a sustainable renewable energy project on the farm at Branthwaite Hall, Branthwaite, Workington. This is to reduce the financial overheads on the farm. Wind energy is considered most suitable by the applicant as there is no suitable watercourse on his lands to consider a hydro scheme and he considers that solar power would utilize too much valuable farmland, and most importantly he considers that his lands offer ideal wind resources.

The applicant has set out that the wind turbine proposal responds to international, national and local policy and the long term aim of reducing carbon dioxide emissions, by contributing to the attainment of renewable energy targets. The government has committed to reducing greenhouse gas emissions by 80% by 2050. The renewable Energy EU Directive (2009) set a target for the UK to achieve 15% of its energy consumption from renewable sources by 2020 and that this will require a fourfold increase in renewable energy deployment.

NPPF 2012 and the ALP (Part 1) adopted July 2014 is broadly supportive of proposals for renewable energy development. The need to meet national targets for the generation of electricity and heat from renewable and low carbon sources is recognised as are the wider environmental, community and economic benefits of such development.

Assessment

Historically, Policy S19 of the Allerdale Local Plan 2014 and other material planning policies and considerations assist in the assessment of planning impacts that may be identified by affected local communities. To ensure that the impacts of development (either in isolation or cumulatively) are, or can be made acceptable, Policy S19 of the Allerdale Local Plan sets out clear criteria for the consideration of proposals for renewable energy development, including wind turbines.

The criteria most relevant to the consideration of this application are considered below.

Landscape and Visual Assessment

A Landscape and Visual Impact assessment (LVIA) has been submitted as part of the planning application. The LVIA considers effects within the study area of 10km radius. A desk review, photograph montages and wire frames and assessment process has considered the effects upon both landscape character and visual amenity. Effects were assessed during construction, operation and decommissioning. Viewpoints are provided to study the potential visual effects of the scheme.

Landscape effects – The LVIA sets out that visibility beyond 10km would not be significant. The significance of landscape effects identified is determined by a consideration of the sensitivity of the landscape receptors.

The potential extent of the visibility of the wind turbine is assessed from the Zone of Theoretical Visibility (ZTV). Wireline (or wireframe) diagrams and photomontages from viewpoint receptors have also been used as a tool to aid assessment. The assessment has been carried out, as is best practice, by assuming the ‘worst case’ scenario, i.e. on a clear, bright day.

The site and the majority of the 10km detailed study area are outside the Lake District National Park (LDNP). The LDNP is 6.5km to the east of the proposed sit. In addition, there are no Areas of Outstanding Natural Beauty within the study area. Greysouthern Conservation Area is 2.86km to the east of the site.

There are ancient woodlands within the study area, but non within 1km of the proposed site. There are various listed buildings within the study area, but none within 1km of the proposed site. There are several recreational routes in the form of public rights of way, cycle ways and bridleways. These are all listed in appendix 2 of the LVIA.

The nationwide landscape character assessment shows the site to be in Character Area 7 – West Cumbria Coastal Plain, defined by Natural England.

At the county level, the landscape character is defined by Cumbria Landscape Character Guidance Toolkit and the site is identified as being in Landscape Character Type (LCT) 5A ‘Ridge and Valley’. The key characteristics are : A series of ridges and valleys that rise gently towards the limestone fringes of the lake district fells; Well managed regular shaped medium to large pasture fields; hedge bound pasture fields dominate, interspersed with native woodland, tree clumps and plantations; Scattered farms and linear villages found along ridges; Large scale structures generally scarce.

The Cumbria Wind Energy Supplementary Planning Document (CWESPD) sets out a capacity statement for each landscape character type to accommodate wind turbines. For the subtype 5a, overall the capacity to accommodate turbine development is moderate.

Regarding landscape character, the LVIA summarises that the effects during construction would be minimal and temporary, and the proposed turbine would not change the landscape character subtype 5a. The LVIA concludes that the size and scale of the single, vertical landscape feature of the proposed turbine would have an overall negligible effect on the landscape character.

However, the local community has expressed concern over the impact of the turbine on the character of the landscape and that there would be an adverse visual impact. With consideration of the 18 June Ministerial Statement there remains concern from the local community on matters of visual and landscape character impacts.

Visual Effects – Visual effects concern changes in view and concerns people’s perception and response to changes in visual amenity. There are several visual receptors to consider including residential, commuters and recreational users. The residential visual receptors are in dwellings in Greysouthern, Great Broughton, Seaton, Branthwaite, Mockerkin, Gilgarron, Stainburn, , Parton, Grayson Green, High Harrington and Workington. Some visual receptors have glimpses, long distant views or partial views of the proposed turbine. Within 1km, the dwellings include dwellings at Brackenbarrow (near viewpoint 1), dwellings at the edge of Great Clifton (viewpoint 2) and dwellings at Crossbarrow (viewpoint 3).

The views for commuters from the A66 and A595 would include intermittent views of the proposed turbine alongside the existing turbines.

Viewpoint 1 – View from the A595, near dwellings at Brackenbarrow and cycleway (NCN 71). The LVIA states that the view for road users of the A595 will be largely unaffected as the view is at right angles to the road and sometimes screened along this stretch of road. Also for cycle users, the view is at right angles to the road and screened by hedgerow trees. For residents, the views are limited by tree screening except possibly some upstairs windows. It is summarised that due to the angle of view, the mitigating factor of existing turbines and the localised tree and hedgerow screening means that there would be a medium / low magnitude of effects.

Viewpoint 2 – View from Merlewood, Great Clifton. The LVIA states that the residential visual receptors would be at dwellings on the edge of Great Clifton and looking towards the existing wind turbines and across the road embankment of the A66. The landform rises and dips between the receptor and site with distant views of northern Lakeland fells. The LVIA summarises that the change of the view would be mitigated by the presence of the existing large turbines in the view. The addition of one single turbine would be absorbed in the existing landscape and related to the existing turbines. Therefore the assessment summaries that the magnitude of change to views from this viewpoint would be medium.

Viewpoint 3 – View from Public Right of Way near the A595. It is from a route north of the A595 and at the closest location to the wind turbine site. The recreational visual receptors using this route would see the turbine closely relating to the existing turbines in size and scale and sometimes the view would be at right angles to the route and sometimes screened by hedgerow trees. The LVIA considers that the turbines would appear as one development or wind farm and concludes that the magnitude of change to views from this viewpoint would be moderate/low.

Viewpoint 4 – Road / Public Right of Way off the A595 near to dwellings at Crossbarrow. The LVIA states that the change in the view would be the introduction of another vertical element on the horizon that would relate to the existing vertical elements of neighbouring turbines and form a group. Views would be mainly from dynamic visual receptors such as recreational users walking the path. The main dwellings in Crossbarrow have aspects north to south and do not face the proposed site and any views in that direction would be mitigated by the existing turbines. The LVIA concludes that the magnitude of change to views from this viewpoint is medium to low.

The LVIA concludes that the visual receptors that may be affected are the recreational users of public footpaths. However, Officers consider that there will also be views from a number of nearby residential dwellings and their garden areas. This issue regarding ‘residential effects’ is discussed further in the section below

Residential effects – The nearest residential properties to the turbine are in the area around Crossbarrow. The closest property, Brackenbarrow, is located 0.49km from the proposed turbine. 7 and 8 Quarry Hill are located 0.51km from the proposed turbine, and Close End is located 0.56km away. In addition, the properties of Crossbarrow, Fell View Farm and Crossbarrow Old Farm are at a distance of 0.75km from the proposed turbine.

Properties to the south of Great Clifton are also with close proximity of the turbine. The nearest properties are within Clifton Gardens (the closest are no’s 1, 2, 3 and 4 which are located 0.76km away), plus the small development of Clifton Hall Close which consists of 5 properties (Beechdale, Mossberry, Meadowside, Moss End and Ashdene). These are located 0.77km from the proposed turbine. Furthermore, Clifton Hall and Clifton Hall Lodge are 0.83km and 0.88km away, respectively. Dwellings within the new development of Mable Wood Close and a group of bungalows to the west (Warrenfield, Westward House and Clamar) are also within 1km of the turbine. In addition, properties along Moor Road into Great Clifton (The Old Ginn House, The Barn, Clifton House, Mountain View, Holme Garth, and Everleigh) are within 1km of the turbine. Set off from Moor Road is a contained development of Dazell Gardens which is located approximately 0.90km from the turbine site.

The 1km radius reaches the centre of Great Clifton but does not include The Gavels and dwellings further north. At this point there are properties along Main Road (Stonegarth and Clarendon House) which both face north away from the proposed turbine. The group of houses behind the Main Road on Hall Lodge Lane are Weatherall, Ballantyne, Beechwood, White Glades and Ash Lodge. These properties are approximately 0.95km from the turbine site. Further along and set off Moor Road, Smithy Fold is a group of 10 terraced cottages, and on the Main Road out of Great Clifton leading east are Allerdale House, The Rookery, Meadow View and Church Rooms. These properties are approximately 0.95km from the proposed turbine.

With regard to the residential effects, the LVIA concludes that there are properties where the visual receptors (residents) would have a view or indirect view of the proposed turbine. Out of these views, there are three dwellings (45 and 46 Mabel Wood Close) and Close End that would have a medium magnitude of change. There are other magnitudes of change from low/medium from properties at Crossbarrow, Quarry Hill and Brackenbarrow. There would be low magnitudes of change for visual receptors in properties on Moor Road and the remaining properties at Mabel Wood Close.

The assessment considers that the significance of effects would mostly be negligible with some slight to slight/moderate. Overall, there are no significant effects. The assessment concludes that resident’s views of the proposed turbine would be mostly unaffected or that there would be views that already contain the existing turbines.

However, it is Officer’s opinion that the size and scale of the turbine would be overbearing from some of the closest dwellings. Visual receptors at the edge of the village of Great Clifton at Mabel Wood Close have some open views directly to the proposed turbine. There are two dwellings (number 45 and 46) that face directly at the proposed turbine and there is little screening. Properties in Clifton Hall Close will also have views of the turbine which would be located approximately 0.77km away from these dwellings

The nearest residential properties to the turbine in the area around Crossbarrow would also be adversely affected by the scale and size of the proposal. The closest property, Brackenbarrow, is located 0.49km from the proposed turbine. 7 and 8 Quarry Hill are located 0.51km from the proposed turbine, and Close End is located 0.56km away. Close End is directly east of the proposed turbine and there would be views of the turbine from the rear and side of the property plus the garden area. In addition, the properties of Crossbarrow, Fell View Farm and Crossbarrow Old Farm are at a distance of 0.75km from the site and would all have views from the rear or side of the dwellings plus from garden areas.

In relation to the potential impact of noise a ‘Noise Survey’ has been submitted and if approval was granted for the turbine conditions regarding noise would need to apply.

With regards to shadow flicker, it is generally acknowledged that the potential impact is only likely to be an issue within 10 x rotor diameters of the turbine. The turbine has a rotor diameter of 48m. Therefore the zone likely to be affected by shadow flicker is approximately 480m and there are no residential properties within this area. The closest residential property, Brackenbarrow, is located 0.49km away.

Cumulative Landscape and Visual effects – The LVIA comments that the Flimby, Voridian, Siddick wind farm and Oldside wind farm are situated over to the east along the coast and behind Workington in relation to the proposed turbine. The assessment considers that these turbines would not be related to the proposal and there is not a visual relationship or any cumulative effects on the landscape character. The assessment also states that the single wind turbines at Moor House Farm and north west of Distington are un-related to the proposed single turbine and have big separation distances. Therefore they would not have a visual relationship with the proposed turbine.

However, it is officers opinion that there would be an adverse cumulative impact of turbine developments within the area of Workington, and with regards to the Winscales wind farm there would be the increase in wind turbines of 18 to 19.

The landscape character area (5a Ridge and Valley) has a capacity to ‘hold’ small wind farms as stated in the Cumbria WESPD. However, the existing wind farm of Winscales is categorised as a ‘medium wind farm’ as it has 18 wind turbines with the range of 16-25 turbines. Therefore, it is officers opinion that the capacity has already been exceeded for turbines within the area. In addition, there will be sequential views of the proposed turbine and other turbines from the A66; A595; minor roads between Stainburn to Great Clifton to Bridgefoot; recreational users of public footpaths and bridleways; and users of cycleways NCN 71 and 72.

Considering the cumulative effects from viewpoints, the cumulative magnitude of change to views from Viewpoint 1 and Viewpoint 2 is considered to be ‘medium’ in the LVIA. From Viewpoint 3 and Viewpoint 4 it is considered to be medium to low, depending on the degree of screening along the route and depending on the angle of view. However, in officers opinion the cumulative effects will be far greater than acknowledged by the applicants LVIA.

Ecology

To determine the effects on ecological and ornithological receptors, a desk study and extended Phase 1 Habitat Survey were undertaken and submitted in support of the planning application. The combined information enabled the ecological interest of the survey area to be established in the context of habitats, populations of protected species and designated habitats present within the wider area, to allow an assessment of the likely ecological impacts arising from the proposed development.

The site is located within an improved grassland agricultural field bounded by stock fencing and intact species poor hedges. The surrounding fields are also improved or semi-improved grassland divided by intact species, poor hedges and stock fencing. In the wider area, a number of arable fields exist. Belts of semi-natural mixed plantation woodland are present in a number of locations in the area, the closest being along the southern boundary of the field in which the turbine is proposed.

Records obtained from Cumbria Biodiversity Data Centre include 13 historic records of bats from within 2km of the site. However, within the site itself there are no buildings or built structures or mature trees within the site boundary. Therefore, the risk of bat roosts occurring on the site is nil. The habitat on site is considered to offer negligible quality bat foraging habitat, and the belt of mixed plantation woodland to the south may be used by foraging bats. Natural England advice is that a turbine positioned under 50m from any habitat feature likely to be used by bats may not require further survey work. Therefore, the potential for roosting bats to be affected by the proposed turbine is nil. The potential for the turbine to impact upon foraging bats is less certain, but following the best available guidance the ecology report concludes that it is likely to be negligible.

With regard to amphibians, the Association of Local Government Ecologists trigger list for when protected species surveys may be required suggests that any pond within 100m of a minor proposal may require full survey work for great crested newts unless a barrier to dispersal exists. It has been confirmed that there aren’t any ponds or other bodies of open standing water within 100m of the site boundary and the risk of great crested newts occurring on site is nil.

With regards to otters, records obtained from Cumbria Biodiversity Data Centre include 6 records of otter within 2km of the site. These come from watercourses and roads in the wider area. No historic records of otter from the site were returned. The habitat on site offers no potential for otters to lie up. Being a grazed agricultural field the vegetation structure is unsuitable for otter. Furthermore, being distant from any substantial water course or body of open standing water, the potential for otters to occur is nil.

Concerning badgers, records obtained from Cumbria Biodiversity Data Centre include no historic records of badgers within 2km of the site. Woodland areas within the wider area are potentially suitable for badger setts, however, no evidence of badgers has been identified. The site boundary is entirely unsuitable for badger setts and the risk of disturbing a sett is deemed to be nil. Individual badgers may move through the area so there is considered to be a negligible risk that individual badgers could be affected. It is recommended that measures are put in place to protect individual badgers. It is recommended that : - All excavations deeper than 0.5m that will be left unattended overnight will either have an escape ramp measuring 0.5m wide and positioned at an angle of no more than 45 degree fitted or have a similar soil slope so as to allow animals that enter the excavation to escape. - All building materials will be stacked safely to prevent accidental collapse.

Concerning reptiles, records obtained from Cumbria Biodiversity Data Centre include 2 records of reptiles within 2km of the site. The species previously recorded are slow worm. These records come from a single site in Little Clifton (approximately 1.7km from the site). It is considered that the site offers negligible potential for reptiles, and no impacts to reptiles are anticipated.

Regarding breeding birds, records obtained from Cumbria Biodiversity Data Centre include 316 records of birds relating to 67 species. The hedgerow bounding the east of the site and the semi-natural mixed plantation woodland to the south both offer potential for breeding birds. The area in which the turbine will be erected, and the route of the access track, do not offer any specific potential for breeding birds and therefore there is not considered to be any potential for the works to impact upon breeding birds.

Regarding red squirrels, records obtained from Cumbria Biodiversity Data Centre include 120 records of red squirrels from within 2km of the site. Red squirrels have been recorded in all suitable habitats in the surrounding area, and it is considered safe to assume that red squirrel will occur in any suitable habitat in the area. However, no areas of woodland exist within the site boundary and no mature trees will be felled to facilitate works. It is considered that the site offers no potential for red squirrels and the risk of red squirrels being affected is nil.

Looking at the issue of flora, no plant species of specific conservation interest have been observed on the site and the site boundary does not pass through any sections of hedgerow.

The site is on the edge of the consultation zone for the protected hen-harrier within 150m.

A construction management plan can be used to mitigate against accidental killing or injuring of protected species and this could include pre consultation badger checks. A construction management plan can be secured by planning condition.

There are local community concerns regarding the potential loss of wildlife and although the protection of certain species can be safeguarded through planning condition, it is recognised that there remains some risks to wildlife and this needs to be balanced against the concerns and local knowledge of the local community.

Heritage Assessment

Greysouthern Conservation Area is 3km east of the proposed site. Given the distance and the undulating topography between the site and the conservation area, it is considered that the setting of the conservation area is not threatened by the proposed turbine. There are a number of Listed Buildings within 2km of the proposed wind turbine. However, due to the distance from these listed buildings and their established natural screening, it is considered that the proposed wind turbine will have no impact on their settings.

The nearest Scheduled Ancient Monument is the open heap coke producing bases and associated slag heap south of Little Clifton approximately 2km from the turbine site. Because of the rising landform, the proposed development is not visible from the SAM and will not adversely affect the monument, its site or setting.

Access and Construction

There will be a minor increase in local road traffic during the construction phase of the project, which will only be temporary. Thereafter, operational traffic will be insignificant and it is considered that access and transport impacts of the proposed development will be negligible. The maximum operational phase of traffic is anticipated to consist of 1 maintenance vehicle trip per month for the lifetime of the turbine (i.e. 25 years).

For transportation to the site the turbine is broken down into separate components. The component parts consist of the blades (3) the nacelle and tower sections (3). The off- loading of the turbine components at the site and erection of the turbine will require two mobile cranes.

The main impacts of the proposed development on the road network would be associated with construction traffic. The submission of a Construction and Traffic Management Plan can be conditioned on any planning approval for the proposed turbine.

Noise

Noise from turbine development can occur from the construction and decommissioning phases of the project and during the operation of the turbine itself. Noise levels are considered to be acceptable and upper noise maximums can be secured by planning condition. As such it is considered there will be no adverse noise effect from the proposal.

With regard to concern over noise from the local community, the matter of noise can be safeguarded by planning conditions. However, further clarification has been requested from Environmental Protection regarding this issue and any additional comments from Environmental Protection will be reported as a late item on the Panel Agenda.

Shadow Flicker

Shadow flicker would only occur when a building is located within 10x distance of the rotor blade diameter. All properties surrounding the site lie outside of the 10x rotor diameter of the area and therefore community concerns regarding shadow flicker are unfounded in this instance.

Water Quality, Hydrogeology, Soils and Geology

The site is considered to be at low risk of flooding, and there are no designated sites of geological or hydrological importance in close proximity to the proposed development.

Aviation and Electromagnetic Interference

The Ministry of Defence raises no objection subject to the turbine being fitted with aviation lighting.

However, NATS have objected to the proposal and supported their reasons for doing so in an accompanying Technical and Operational Assessment Ref: SG19706. In respect of unacceptable impacts upon the aviation radar signature.

NATS are a statutory consultee in respect of ‘safeguarded sites’ in which there is a legal obligation on the Local Planning Authority to consult before granting planning permission for a wind turbine. Should a Local Planning Authority not accept any recommendation made by NATS, the Authority is obliged to follow directions contained within Circular 2/200 in notifying both NATS and CAA of their intentions. Failure to take into account comments made by NATS could cause serious risks to air traffic.

The agent for the planning application has advised that they have resolved the difficulties with NATS subject to the provision of agreed and contractual mitigation measures being put in place and the payment of a non-refundable deposit. However, NATS have not confirmed this position with the Local Planning Authority and the imposition of a condition on any planning approval is not considered appropriate when a main stakeholder such as NATS objects to the proposal.

Therefore, the applicant is currently unable to satisfy the requirements of NATS, a statutory consultee, in respect of air navigational radar and as such, the proposal should be refused.

Local Financial Considerations

Having regard to S70 (2) of the Town and Country Planning Act. There are no local financial considerations relevant to this application.

Ministerial Statement 18 June 2015

Recently a Written Ministerial Statement on local planning has been published on 18 June 2015, in relation to the determination of planning applications for wind turbine development this states :

‘’local planning authorities should only grant planning permission if : - The development site is in an area identified as suitable for wind energy development in a Local or Neighbourhood Plan; and - Following consultation, it can be demonstrated that the planning impacts identified by affected local communities have been fully addressed and therefore the proposal has their backing.’’

The application was validated on 18th August 2014, approximately 1 year prior to the Ministerial Statement. The application has been placed on hold at the request of the applicant due to the objection from NATS and the desire to address these issues. Following the long period of time to determine the application the Ministerial Statement is now a material planning consideration.

Allerdale BC does not have an allocated area for turbine development clearly identified in a Local or Neighbourhood Plan (maps showing the wind resource as favourable to wind turbines, or similar, will not be sufficient).

Historically turbine development has been assessed against Policy S19 ALP which is a criteria based policy to address planning matters relating to renewable energy development. To date however this interpretation of the implications of the Ministerial Statement has not been tested at appeal in Allerdale and therefore in order to make an assessment of community backing and whether any local impacts identified by a local community have been fully addressed. Policy S19 ALP along with other relevant Allerdale Local Plan policies and material considerations remains helpful to assist in the detailed assessment of this application.

Recent Secretary of State and appeal decisions in respect of wind turbine proposals elsewhere in the country deal with applications submitted prior to the Ministerial Statement and therefore the transitional arrangements set out in the Statement apply to these decisions. This means that it is not necessary for the site to be in an area allocated for wind turbines but nevertheless these decisions have all given significant weight to community objections, particularly when expressed by a representative body such as a Parish Council.

Conclusion

The application has 7 letters of objection from local residents. There are also letters of objection from the nearest Parish Councils: Little Clifton, Great Clifton, and Winscales.

The main issues relate to the concerns over adverse visual and landscape impacts, adverse cumulative impacts due to other wind turbine development within the locality, noise, light flicker, close distance to residential dwellings, and matters relating to local habitats.

There are a large number of dwellings within 800m of the site, and there are objections from residents within the nearby settlements and dwellings.

Significant weight is now attached to the 18 June 2015 Ministerial Statement and given that the proposed turbine site is not in a Local or Neighbourhood Plan it is recommended that the proposal is contrary to this advice.

Furthermore, it has not been demonstrated that the matters raised by the community, regarding the potential for adverse visual and local landscape character impacts; the potential for adverse cumulative landscape and visual impacts; and ecological impacts on protected species have been overcome to alleviate local community concerns, in order to enable community support of the scheme. The proposal is therefore considered contrary to The Ministerial Statement of 18 June 2015 and Policies S19, S32, S33 and S35 of the Allerdale Local Plan (Part 1) adopted July 2014 and the advice contained within the National Planning Policy Framework 2012 and Planning Practice Guidance for Renewable and Low Carbon Energy 2015 and the scheme is recommended for refusal accordingly.

In addition, the consultation response from NATS indicates that the location of the proposed turbine would have an unacceptable adverse effect upon the operation of air navigation radar and, as such, it is not practicable to recommend an approval in respect of this application.

Annex 1

Conditions/Reasons

1. Planning matters raised by the community, regarding the potential for adverse visual and local landscape character impacts, adverse cumulative landscape and visual impacts and ecological impacts on protected species, have not been overcome to alleviate local community concerns in order to enable community support of the scheme. The proposal is therefore considered contrary to The Ministerial Statement of 18 June 2015 and Planning Practice Guidance for Renewable and Low Carbon Energy 2015.

2. By virtue of the scale and siting of the proposed turbine there is likely to be a significant adverse visual and landscape impact on users of local roads and footpaths contrary to policies S1, S32, S33 and S35 of the Allerdale Local Plan (Part 1) adopted July 2014 and the advice contained within the National Planning Policy Framework 2012 and Planning Practice Guidance for Renewable and Low Carbon Energy 2015 and The Ministerial Statement of 18 June 2015

3. The proposed turbine, by virtue of its siting, scale and proximity to other turbine development would increase the proliferation of turbines in the area resulting in a significantly harmful impact on the landscape and visual amenity of the area and a significantly harmful effect on the amenity of the occupiers of residential properties in the area. The proposal is therefore considered contrary to policies S19, S32 and S33 of the Allerdale Local Plan (Part 1) adopted July 2014, and the advice contained within the National Planning Policy Framework and Planning Practice Guidance for Renewable and Low Carbon Energy.

4. In the absence of evidence to the contrary, the Local Planning Authority consider that insufficient evidence has been submitted to demonstrate that the proposed development safeguards and secures radar coverage to the detriment of air safety.

Proactive Statement

Application Refused Following Discussion – Where there is no Way Forward

The Local Planning Authority has acted positively and proactively in determining this application by identifying planning policies, constraints, stakeholder representations and matters of concern with the proposal and discussing those with the Applicant. However, the issues are so fundamental to the proposal that it has not been possible to negotiate a satisfactory way forward and due to the harm which has been clearly identified within the reason(s) for the refusal, approval has not been possible.