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Dawn Bodill Ecotricity (Next Generation) Ltd Russell Street Unicorn House Stroud Gloucestershire GL5 3AX Our Ref: APP/F2605/A/12

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Dawn Bodill Ecotricity (Next Generation) Ltd Russell Street Unicorn House Stroud Gloucestershire GL5 3AX Our Ref: APP/F2605/A/12 Dawn Bodill Our Ref: APP/F2605/A/12/2185306 Ecotricity (Next Generation) Ltd Your ref: Russell Street Unicorn House Stroud Gloucestershire 25 September 2014 GL5 3AX Dear Madam TOWN AND COUNTRY PLANNING ACT 1990 (SECTION 78) APPEAL BY ECOTRICTY (NEXT GENERATION) LTD LAND AT WOOD FARM, CHURCH LANE, SHIPDHAM IP25 7JZ APPLICATION REF: 3PL/2011/0854/F 1. I am directed by the Secretary of State to say that consideration has been given to the report of the Inspector, JP Watson BSc MICE FIHT MCMI, who held an inquiry into your client’s appeal under Section 78 of the Town and Country Planning Act 1990 against the decision of Breckland District Council (“the Council”) to refuse an application for planning permission for two wind turbines with a maximum overall height of up to 100 metres, together with access tracks, crane pad areas, electricity substation and temporary construction compound, dated 29 July 2011, in accordance with application ref: 3PL/2011/0854/F. 2. The appeal was recovered for the Secretary of State’s determination on 11 October 2013, in pursuance of section 79 of, and paragraph 3 of Schedule 6 to, the Town and Country Planning Act 1990 on the grounds that it involves a renewable energy development. Inspector’s recommendation 3. The Inspector recommended that the appeal be dismissed and planning permission refused. For the reasons given below, the Secretary of State agrees with the Inspector’s conclusions and recommendation. A copy of the Inspector’s report (IR) is enclosed. All references to paragraph numbers, unless otherwise stated, are to that report. Richard Watson Tel 0303 44 41627 Planning Casework Division Email: [email protected] Department for Communities and Local Government 3rd Floor, Fry Building 2 Marsham Street London SW1P 4DF Procedural Matters 4. The Secretary of State has noted the Inspector’s remarks and actions at IR1. 5. At the inquiry three applications for costs were submitted (IR2-4). These applications are the subject of separate decisions letters also being issued today. 6. The Secretary of State notes that since the close of the inquiry the Inspector sought the views of parties on three occasions relating to: (1) publications by Renewable UK: six documents about amplitude modulation of aerodynamic noise from wind turbines; (2) the Court of Appeal judgement issued on 18 February 2014 in the case of Barnwell Manor Wind Energy Limited v East Northamptonshire District Council concerning the weight attached to harm to heritage assets and the overall balancing exercise that decision makers must undertake; and (3) the new national planning guidance published on the 6 March 2014. Comments on all matters were invited from the parties and have been taken into account by the Inspector (IR6), and by the Secretary of State in this decision. 7. The Secretary of State takes account of submissions made at the inquiry, stating additional information should be added, in order for the statement to be deemed ‘environmental’. The Inspector issued a notice to this effect (filed as a hearing document), under Regulation 19 of the Town and Country Planning EIA Regulations 1999. The Secretary of State notes that after reconsideration of the information previously submitted, the Inspector concluded this was sufficient for the statement to be regarded as environmental, and in accordance with the Regulations the notice fell away. The Secretary of State has taken into account the submitted Environmental Statement (ES) and Further Environmental Information (FEI) submitted prior to and during the inquiry. Overall, the Secretary of State, like the Inspector (IR319), is satisfied that the ES and FEI comply with the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 and that sufficient information has been provided for him to assess the environmental impact of the planning appeal. Policy Considerations 8. In deciding this appeal, the Secretary of State has had regard to section 38(6) of the Planning and Compulsory Purchase Act 2004, which requires that proposals be determined in accordance with the development plan unless material considerations indicate otherwise. In this case, the adopted development plan comprises the Breckland Core Strategy and Development Control Policies DPD (“the LDF”, adopted December 2009) and saved policies from the Breckland Local Plan (1999). The Secretary of State agrees that the most relevant policies for this case are those set out by the Inspector at IR16. He further agrees with the Inspector (IR323-325) that the Local Development Framework policies agreed should be attributed full weight insofar as they refer to matters relevant to this appeal (IR325). 9. Other material considerations which the Secretary of State has taken into account include the National Planning Policy Framework (“the Framework”) and the planning practice guidance published 6 March 2014; the Overarching NPS for Energy (EN-1) and the National Policy Statement (NPS) for Renewable Energy Infrastructure (EN-3). He has also taken account of the documents to which the Inspector refers at IR19. 10. In accordance with section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, the Secretary of State has also paid special regard to the desirability of preserving listed structures or their settings or any features of special architectural 5or historic interest which they may possess. Main issues 11. The Secretary of State agrees with the Inspector that the main considerations are those set out at IR317. Landscape and Visual Effects Effects on landscape character 12. For the reasons given at IR328-331, the Secretary of State agrees with the Inspector that the development would bring about a change to the landscape which the landscape has capacity to accommodate; that the landscape has no special designations; and that the change to this would not be significantly harmful (IR332). He further agrees that the scheme’s design has had regard to the Council’s Landscape Character Assessment and that the requirements of policy CP11 and DC1 would be met (IR332). The quality of the development design 13. The Secretary of State has given careful consideration to the Inspector’s analysis (IR333-IR335). The Secretary of State agrees with the Inspector (IR334) that the turbines would not have a suburbanising effect and would be of a similar form to other approved turbines in numerous other locations (IR335). He further agrees with the Inspector’s conclusions at IR336 that the proposal would meet the requirements of policy CP11 in respect of design. The visual effect on local amenity 14. The Secretary of State has carefully considered the findings of and Inspector’s conclusions on the impact of visual intrusion on residential properties (IR340-341) and agrees with the Inspector that policies DC1 and DC15 would be satisfied and no unacceptable intrusion caused (IR342). He also agrees that the visual amenity of public highways is not intruded upon and that policies DC1 and DC15 are also satisfied in these respects (IR343). He further notes the Inspector’s finding that common ground exists between the parties, and no additional significant effect would arise in relation to the proposed development due to cumulative changes to the landscape and visual environment, or designated landscapes and cultural heritage (IR344). Acoustic Effects of the Development 15. The Secretary of State notes the Inspector’s analysis of the noise assessment (IR349-356) and his conclusion that the appellant’s assessment of noise from the operation of the turbines properly uses ETSU-R-97 (IR357) whilst taking account of the latest industry good practice. He further agrees with the Inspector that the appellant’s assessment of noise meets the relevant requirements of paragraphs 5.11.4 to 5.11.7 of EN-1, the overarching National Policy Statement for Energy (IR359). The Secretary of State has carefully considered the evidence and Inspector’s findings on noise at IR362-378. The Findings of the Noise Assessment Tranquillity 16. For the reasons given at IR362-364, the Secretary of State agrees with the Inspector’s conclusion at IR364 that the appeal site is prized for its amenity value and tranquillity. He further agrees that the operational noise limits (which are consistent with ETSU-R-97), would allow additional noise from the development, and so the tranquillity of the area would not be protected, contrary to the Framework paragraph 123. Like the Inspector, the Secretary of State attributes moderate weight to this harm. Amenity and Noise 17. The Secretary of State has taken account of the Inspector’s remarks at IR365-367 and agrees that the matter of noise-related amenity is addressed through the use of ETSU-R-97. He further agreed with the Inspector’s conclusions at IR373 that if excess amplitude modulation were to arise, that statutory nuisance procedure as a means of dealing with excess amplitude modulation is preferable to assigning a planning condition. Effects on Health and Elderly People 18. The Secretary of State has given careful consideration to the proposed operation of the appeal scheme and the effects on health of elderly people and conditions in the Shipdham Manor Care Home and the proposed facility at Wood Farm. He agrees with the Inspector’s conclusion (IR377) that operation of the appeal scheme would not create noise such as would be likely to prevent sleep. Overall Weight to be given to Adverse Noise Impacts from the Operation of the Wind Turbines and Construction Noise 19. The Secretary of State agrees with the Inspector’s conclusions on the impacts of the proposals (IR379) regarding adverse noise impacts from the operation of the wind turbines. He agrees that a planning condition would be necessary to ensure operational noise levels did not exceed those described in the assessment but that construction noise would be limited and acceptable within the terms of policy DC1 and DC15 (IR379-382).
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