Borough Council

Planning Application 2/2014/0861

Proposed Erection of 1no. wind turbine 45m to hub 67m to tip and associated Development: works. Location: Drumleaning Farm Drumleaning Wigtojn Recommendation: Refused

Summary/Key Issues

Issue Conclusion

Principle of Paragraph 93 of the NPPF makes clear that the provision of Development renewable energy infrastructure is central to the economic, social and environmental dimensions of sustainable development. Landscape and Regard has been had to three recent appeal decisions for Visual Impact turbines within this locality, all of which were refused.

It is considered that the proposal has the potential for significantly harmful cumulative impacts on the character of the landscape and the visual amenities of the locality. Residential The proposed turbine is within the 800m of residential Amenity properties. Although the applicants have sought to demonstrate that the proposal will not have a significant effect on residential amenity the proposal will nevertheless result in noticeable changes in views from a number of residential properties. Heritage No significant harm identified.

Benefits The proposal will make a small contribution to renewable energy deployment nationally. It would also make a contribution to the running costs of the farm business by creating an alternative source of income, supporting rural enterprise and economic activity. The benefits of the development are not considered to outweigh the harm of the proposal.

Proposal

The application seeks permission for the erection of a single wind turbine 67m to tip with associated infrastructure. Site

The application site for the proposed turbine is within an agricultural field located approximately 500m to the east of the buildings at Drumleaning Farm.

Relevant Policies

National Planning Policy Framework

Building a strong, competitive economy Meeting the challenge of climate change, flooding and coastal change Conserving and enhancing the natural environment Conserving and enhancing the historic environment Supporting a prosperous rural economy Requiring good design

Allerdale Local Plan (Part 1)

Policy S1 - Presumption in favour of sustainable development Policy S2 - Sustainable development principles (excluding highways) Policy S4 - Design principles Policy S14 - Rural economy Policy S19 - Renewable Energy and Low Carbon Technologies Policy S27 - Heritage Assets Policy S29 - Flood Risk and Surface Water Drainage Policy S32 - Safeguarding amenity Policy S33 - Landscape Policy S35 - Protecting and enhancing biodiversity and geodiversity Policy DM14 - Standards of Good Design

Relevant Planning History

SCR/2014/0099 – Screening Opinion – Not EIA development

Representations

Aikton Parish Council – Object to the proposal on the grounds of size, cumulative effect and the turbine would be visible from St Andrews Church which is a grade I listed building.

Thursby Parish Council - Object to the proposal on the grounds of saturation of wind turbines within the area, within site of a listed building, noise, visual amenity and the fact that the proposal is within 800m of a number of dwellings.

Electricity North West – The development has no impact on their infrastructure or assets

Cumbria Highways – No objections subject to conditions relating to prevention of bringing mud and debris onto the highway, the submission of a traffic management plan and highway condition survey.

Arqiva – No objections

Natural – no objections

NATS – No safeguarding objections

Cumbria County Council – Will not be responding from a strategic planning prospective. The LPA should consider the potential cumulative impacts of the proposal

CAA – No objections

English Heritage – No objections

MOD – No objections subject to the installation of aviation lighting and details of construction timing, maximum height and co-ordinates of turbines.

Environmental Health – Comment that the noise assessment appears not to have considered whether there are any other existing or approved wind turbines within 1km of the proposed turbine. Based on the principles of the Institute of Acoustics good practice guide to the application of ETSU-R-97 consideration should be given to cumulative noise impacts from other wind farms in the locality. If the proposed wind turbine produces noise levels within 10dB of any existing wind farms at the same receptor location then a cumulative noise impact assessment is necessary.

Subject to confirmation that a cumulative noise assessment is not required, they would not object to the proposal subject to conditions relating to noise.

The application has been advertised on site and neighbouring properties have been notified.

There have been 7 letters of support which outline the support for renewable energy, investing in the future of the business

There has been 11 letters of objection (including FORCE and Westnewton Action Group) which outline the following points:- • Landscape impacts • Cumulative impacts • Scale • Noise • Shadow flicker • Environmental impacts • Effects on the Solway Coast AONB • Effects on National Park • Effects on wildlife • Effects on nearby communities and nearby properties • Loss of amenity • The development is within 800m of residential properties • Reduction in house prices and potential to make a property unsaleable • Safety of wind turbine – blowing over, catching fire, ice falling from blades and parts becoming detached • Alternative energy sources are available e.g. solar • The applicant would not be able to view the turbine from their property • The natural screening referred to in the application is only temporary as much is deciduous • The photomontages do not provide an accurate reflection e.g. positioning of trees • The cumulative impact radius is too small and not in accordance with Cumbria Wind Energy Supplementary Planning Documentation • Some turbine have been omitted from the assessment such as the turbines at Great Orton, How End Thursby and High Pow • Other appeal decisions within the locality highlight cumulative concerns

Main Issues:

The application has been called in by Councillor Patricia Macdonald

The proposed site is on land near to Drumleaning Farm, 1.2km to the south of Aikton; the application seeks planning consent for the construction of a single three bladed wind turbine up to 67m in height to blade tip (45m hub height with a 44m rotor diameter. The scheme would also incorporate a sub-station building adjacent to the base of the turbine, with an access track 5m by 80m and a crane hard standing 25m by 30m. The colour would be a light grey mat finish.

Local Finance Considerations

Having regard to S70 (2) of the Town and Country Planning Act the proposal does not have any local finance considerations.

Policy

National Planning Policy and the Allerdale Local Plan (Part 1) 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.

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.

In assessing the merits of the proposed development it is necessary to balance the economic, social and environmental benefits of the proposed renewable energy development with any adverse environmental impact of the proposed turbine.

Need for an Environmental Impact Assessment

A screening opinion was issued indicating the proposal was not considered to be EIA development; the application, in officer’s opinion is considered to contain sufficient information within the supporting documentation to assess the proposal.

Site and surroundings

The site is in agricultural use and occupies a flat field which slopes down from the north of the site and is bound by a stream to the north and hedgerows to the south and east. A new access track would be formed onto the public highway on land that is within control of the applicant.

The surrounding area is rural in nature, with a number of interspersed single dwellings or farms and small clusters of dwellings and small villages; is the nearest town 3.15km to the south west, with the village of Aikton is 1.3km to the north, Parton is 800m to the south and Thornby Villa 1.1km to the east. The National Park boundary is approximately 10.77km to the south with the Area of Outstanding Natural Beauty (AONB) 7km to the north.

There are numerous wind farm developments within this part of the borough, of note:-

Within 5km:

• Greyrigg House 695m to the south east 20m turbine approved but not erected • Thornby Villa 894m to north east (34.6m to tip) • Moorhouse Hall 900m to south west (24.9m to tip) • Moordyke, Aikton 2.4km to north (1 turbine 34.5m to tip) • Great Orton wind farm 3.7km to north east (6 turbines 69m to tip) • Thursby 4.6km to south east (1 turbine 74m to tip) • A single turbine with a height of 74m to hub was given consent by City Council at Midtown Farm, Great Orton 4.7km to north east

Large scale wind turbine development in excess of 5km:

• Great Orton Farm 7.5km to the east (3 turbines, 2 at 86.45m to tip and 1 at 65m to tip) • High Pow 9.4 km to south (3 turbines 95m to tip) • Brayton Park, 13.4km to the south west (1 turbine 60m to tip). • Parkhead windfarm is 14.33km (4 turbines 121m to tip) to the west. • Wharrels Hill wind farm (8 turbines 81m to tip) is 16.2km to the south west. • Westnewton windfarm (3 turbines 107m to tip) 16.5km to the south west • Tallentire windfarm is 21.2km to the south west (86m to tip)

An application for a m tall turbine at park House Aikton (2/2014/02920) was refused on cumulative grounds and the proliferation of turbines in the area. This application is presently the subject of an appeal.

Access and Highways

The access to the site is via an access from a minor highway which in turn connects with other local minor roads and the A596. The site would be accessed with standard HGV’s no oversized vehicles would be required to deliver the turbine.

A small section of new access road would be constructed within the field with a new concrete hard standing installed for the crane to operate from; suitable access is considered to be gained off the highway.

The highways authority has indicated they have no objections to the proposal subject to the imposition of conditions relating to a traffic management plan and assurance that debris will not enter onto the highway.

The proposal is considered not to affect users of the highway and no objections have been received from the Highways Authority in this regard.

Landscape and Visual Impact Implications

The Cumbria Landscape Character Guidance and Toolkit (LCG) supports appropriately located schemes for wind energy in line with the provisions of the Cumbria Joint Wind Energy Supplementary Planning Document (SPD) which was adopted by the Council in 2007.The site falls within Cumbria’s landscape classification 5b Low Farmland – which is characterised by:

• Undulating and rolling topography • Intensely farmed agricultural pasture dominates • Patchy areas of woodland provide contrast to the pasture • Woodland is uncommon west towards the coast • Fields are large and rectangular • Hedges, hedgerow trees and fences bound fields and criss cross up and over the rolling landscape

The toolkit outlines that energy infrastructure including large scale wind energy generation should be carefully sited and designed to prevent this sub type becoming an energy landscape and prominent locations should be avoided.

The applicant has submitted a planning report, landscape and visual impact assessment report, a ZTV plan and photomontages.

The turbine would not be an isolated development due to its proximity to existing wind turbine development and the NPPF explicitly requires that regard be had to the potential cumulative impact of multiple developments, whether of single turbines or groups, or a combination of both. In this case the cumulative impacts mainly relate to the simultaneous appearance of different existing and proposed turbines in the same views and how they would relate to one another.

Having regard to the respective scales of the turbines, the separation distances and design, the Great Orton windfarm and Thornby Villa turbines were clearly designed as an integrated scheme of matching turbines with regular spacing between the turbines. The turbines are notable man-made landscape feature which dominate the immediate surroundings in a landscape of straight roads, paths and field boundaries.

The addition of a single wind turbine would not been seen as part of any grouping but would be seen in some of the same views as wind turbine development within the locality.

Landscape and Visual Impact

The size of proposal makes the development difficult to screen and by the very nature of the development there is likely to be some harmful effects on the landscape and visual amenities of the area; however, the degree of harm needs to be weighed up against the benefits arising from the proposal.

The applicant has provided a landscape assessment that has identified there would be the potential for localised landscape impacts.

The landscape surrounding the site is dominated by open fields with a line of pylons to the north of the proposed site. The site would be visible from a network of public footpaths within the locality; both long and short term views of the turbine would be gained.

Public views of the proposed turbine would be possible from along parts of the surrounding highway network, including local roads and longer views from the A595 and A596. Given the scale of the proposal, it would be visible at a greater distance on surrounding public highways and rights of way.

The individual turbine would on its own result in only a local adverse impact on landscape character that would diminish with distance. However, the proposed turbine is larger than many of the single turbine developments that are typically found on farms in the countryside and will accordingly have a proportionally wider individual impact. Officers considered that the introduction of a turbine of the proposed scale would further harm the rural landscape character. That landscape is of particular value because the footpath network, views from the local highway and surrounding villages and dwellings.

Given the scale of the proposal, the location within a low lying and wide valley and the separation from the Solway Coast AONB and Lake District National Park, the proposal individually is not considered likely to have landscape and visual impacts sufficient to be considered of more than local importance.

Cumulative Impacts

Detailed guidance within the ‘Cumbria Wind Energy, Supplementary Planning Document’ adopted by Allerdale Borough Council and Cumbria County Council is particularly relevant to the consideration of cumulative effects given the landscape (‘low farmland’ landscape Class 5 sub category 5b) with low to moderate landscape capacity for turbines in this locality, is identified as a small group (3-5), exceptionally a large group (6-9).

The NPPF requires that regard be had to the potential cumulative impact of multiple developments. The combination with turbines within the locality and that of the application turbine would be seen in some of the same views as these existing and proposed turbines when looking east, north and south along the coastal highway and especially from the local road networks surrounding the site. The development would extend the defining characteristic of wind farm development further west.

The proposal relates to a single turbine of a scale and size similar to the turbines at Great Orton Wind Farm and would not be seen as part of a group with other turbines.

The position of the proposed turbine extends the landscape and visual impact of turbine development within the surrounding area over the wide open landscape. It is considered that the proposal would add cumulatively to the landscape impact of the development with the wind farm development at Great Orton, Thornby, Thursby and the other aforementioned wind turbine developments above.

The applicant has provided an assessment on the potential cumulative effects of the development with the proposed and existing turbines within the immediate locality. The assessment concludes that the development would theoretically be seen cumulatively in combination with existing wind turbine developments but indicates there would be no significant impacts arising from the addition of a single turbine due to screening or filtering by existing landform and vegetation. The landscape and cumulative visual impacts are considered to be Moderate to neutral and therefore not significant.

There have been three recent appeals for wind turbine development of a similar scale to that proposed within the vicinity of the application site, that have all been dismissed:

1. Flatt Farm, (within Carlisle City Council administrative boundary), To the north west of Great Orton village. Appeal ref. 2190325 2. Land to the South of Flatt Farm, Great Orton. To the north of turbine 4 at the airfield. Appeal ref. 2187146 3. Land adjoining airfield, . Land to west of airfield and north of Wiggonby village. Appeal ref. 2192507

In relation to the first appeal referenced, the Inspector found that in isolation this proposal would have moderate visual effects and at least moderate effects on the wider landscape, however, more significantly she concluded that the cumulative visual impact would be harmful. Particular reference is made to the significant visual prominence of the existing windfarm from the southern edge of Great Orton and the impact of adding a further turbine that would be particularly visible when approaching the village from the north, noting the relationship to the single Midtown Farm turbine. The sequential impact particularly would be harmful, experienced by villagers, footpath users etc. The Inspector concludes that the proposal exceeds the capacity identified by the SPD, and the details provided with the application did not lead her to conclude that this scheme should be considered an exception, to justify a larger grouping.

The second appeal on land to the South of Flatt Farm notes that this proposed turbine, due to its scale and location would not be viewed as part of the Orton airfield windfarm, nor would it appear as an obvious pair with the Midtown Farm turbine. It was deemed to be visually incoherent, disrupting the ordered appearance and layout of the linear windfarm, resulting in a piecemeal appearance, unsettling to the viewer and having a significant adverse impact on the ordered landscape. This adverse cumulative impact on the landscape would be experienced by visitors to the Nature Reserve, users of local footpaths and roads, and from residents/villagers of Great Orton.

The third appeal on land to the west of the airfield and north of Wiggonby village, noted that this proposed turbine would not share the scale, spacing or linear format of the existing Orton airfield windfarm. As a result the proposal would compromise and would be awkwardly juxtaposed to, the existing coherently planned windfarm. However, this Inspector goes on to state that the proposed turbine would add to the number of turbines in the vicinity of the former airfield and would contribute to an impression that there is already an over-concentration of turbines in the area. He concludes that cumulatively with existing turbines, the proposal would have a significant adverse effect on the character and quality of the landscape in the vicinity of the former airfield. He refers to an ‘over-concentration of turbines within the countryside area that encompasses Wiggonby and Great Orton’.

The current proposal must be considered on its individual merits, however, the above appeal decisions are material considerations.

The third appeal referenced above (Land adjoining airfield, Wiggonby), states at Paragraph 15 that, ‘If the proposed turbine was to be a singular feature in the landscape, the harm it would cause to the character and quality of the landscape would be outweighed by its renewable energy benefit. However, it would not be a singular feature but would be added to many existing similar features in the near vicinity and in the wider area. There is already an over-concentration of wind turbines in the countryside area that encompasses Wiggonby and Great Orton and the proposed turbine would, cumulatively with existing turbines, have a significant adverse effect on the character and quality of the landscape. This significant adverse effect, despite the encouragement provided by paragraph 98 of the NPPF, is not outweighed by the renewable energy benefit of the proposed wind turbine’.

The turbine development within this locality, including those across the administrative boundary into Carlisle would add to the over-concentration of wind turbine development within this locality identified in this last appeal, adding further harm to the character and quality of the landscape, with resulting harm to visual amenity.

In terms of capacity within the ‘Cumbria Wind Energy, Supplementary Planning Document’ landscape type 5 when considering the larger scale developments within the locality; the existing (6 turbines at Great Orton Airfield, 3 turbines at Orton Grange, 1 Turbine at Thursby and the approved application at Mid Town Farm along with the two turbines at Thornby Villa the total number of turbines would exceed the capacity within this locality and therefore would not be within the parameters set within the guidance of the supplementary planning document.

The proposal is therefore considered to conflict with policy S19 of the Allerdale Local Plan (Part 1) adopted July 2014 in particular, which supports renewable energy provided it meets various criteria including that there is no significant adverse impact on the location, in relation to visual impact and impact on the character and sensitivity of the surrounding landscape. Conflict also arises with policies S32 and S33 for similar reasons.

The position of the proposed turbine extends the landscape and visual impact of the existing wind turbine development over the gently undulating landscape to the detriment of the surrounding area.

The resulting piecemeal appearance of the development within the locality would be unsettling to the viewer and would have significant adverse impacts on the local ordered rural landscape, contrary to local plan objectives or the NPPF.

The adverse cumulative visual impact of the turbine on the landscape would be experienced by members of the public using local footpaths to the east and west of the area and local roads surrounding the site and in the outlook from some dwellings within the locality.

Residential Amenity

Policy S19 seeks to protect local residents from unacceptable harm and the supporting text references that in order to address community concerns and in the interests of residential amenity and safety in relation to turbine development a separation distance of 800m to residential properties will be expected. This distance has been established as being generally sufficient to avoid unacceptable impact on residential amenity. The Local Plan does recognise the need for flexibility and that “in some cases due to site-specific factors such as orientation of views, land cover, other buildings and topography, it may be appropriate to vary this threshold, where it can be demonstrated through evidence that there is no unacceptable impact on residential amenity”.

The application has been accompanied by a Residential Assessment which considers those properties within the locality and the likely impact. This deals primarily with visual impact and the views from residential properties and considers the change that will be experienced by residents.

There would be a small number of residential visual receptors within the area; however, due to the distance from the site, orientation of dwellings and existing screening the proposal does not raise any significant concerns when viewed from these properties.

Protected Areas

When looking from the north towards the development longer term views may be gained from the AONB of numerous windfarm developments however given the distance it is not considered significant to warrant refusal on this ground.

Public Rights of Way

The nearest public right of way is approximately 450m to the north west of the proposed turbine; although visual amenity of users would be affected it is not considered significant enough to warrant a refusal on this ground.

There is sufficient topple distance in relation to the proximity of the nearby rights of way; and would be at a distance greater than the height of the turbine.

Noise

A noise report accompanying the application indicated that an assessment was undertaken in accordance with ETSU R97 which demonstrated that predicted noise levels would not exceed the background derived daytime and night time noise limits.

Further clarification has been requested based on the environmental consultation response in relation to potential cumulative impacts. Subject to a satisfactory response Environmental Protection has confirmed that they would be satisfied with the information provided if a cumulative noise assessment is not required. However, in order to safeguard the amenity of the surrounding area, conditions are recommended relating to the ETSU noise limits and a complaints protocol.

Any further information relating to this issue will be reported to the development panel.

Shadow Flicker

In terms of shadow flicker, the standard assessment would be that properties within 10 rotor diameters of the turbine could potentially be affected by shadow flicker; this is also influenced by the position of the sun within the sky. In this case the rotor diameter is 44m. There are no residential properties within 440m of the turbine.

A shadow flicker map has been produced which has not highlighted any properties at risk from the proposal.

Historic Environment

Although the site is within 1.2km of St Andrew Church to the north east which is a Grade I listed building and Down Hall which is a scheduled ancient monument it is considered that the setting of these historic sites would not be affected by the proposal. English Heritage have confirmed that the development although would be visible from both sites would not impact on their settings to any significant degree.

In terms of the setting of the Hadrian’s Wall World Heritage Site, the development is considered to be sufficiently away from this designation not to affect its setting.

The development is not considered to significantly affect the setting of conservation area.

Electromagnetic Interference (EMI), Aviation and RADAR

The CAA, NATS and the MOD have all been consulted on the proposal and have raised no objections with regards to the proposal. Conditions are requested relating to aviation lighting and notification when the turbine is erected. The scheme is considered acceptable in terms of aviation safety and radar. Electromagnetic interference could be dealt with by condition.

Ecology

The proposed turbine would not be located within an identified designated site or habitat. Broad Dales SSSI 2km to the west is not considered to be effected by the development.

Natural England has not raised concerns on the landscape impact.

The proposed turbine has been sighted in excess of 50m from the nearest potential bat foraging habitat, this exceeds the recommended distance within Natural England’s standing advice on bats.

The ground works in associated with the turbine and access would be limited and is unlikely to cause significant harm to any habitats, due to the nature of the limited works.

Flood Risk

The site is located within close proximity to flood zones 2 and 3 however none of the built development would be located within this area. Officers consider that the development is acceptable in terms of flood risk.

Conclusions

In balancing the degree of harmful effects of the proposal, which are in the main limited to the impact on the landscape and visual amenity, against the benefits arising from the promotion of renewable energy development; it is considered that on balance, the development would have a significant cumulative visual harm that is not outweighed by the benefits of the proposal.

Conclusion

In balancing the degree of harmful effects of the proposal, which are in the main limited to the impact on the landscape and visual amenity, against the benefits arising from the promotion of renewable energy development; it is considered that on balance, the harm identified is not outweighed by the benefits arising from the proposal and therefore refusal is recommended.

Annex 1

Conditions

1. The proposed turbine, by virtue of its siting, scale and proximity to other turbine development would be a prominent and incongruous feature within the landscape, and would increase the proliferation of turbines in the area, resulting in a significantly harmful impact on the landscape and visual amenities of the locality. 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.

Notes to Applicant: