Allerdale Borough Council
Development Panel
2/2013/0494
Reference No: 2/2013/0494 Received: 21 June 2013 Proposed Single wind turbine with maximum height to blade tip of 74m and Development: associated access track and electrical infrastructure Lo cation: Tarn Bank Winscales Workington Applicant: Mr Steven Palmer
Drawing Numbers: Figure 2 - Detailed Location Plan Figure 3 - Site Layout Plan Figure 4 - Site Layout Plan Figure 5 - Wind Turbine Elevations Figure 6 - Typical Wind Turbine Foundation Figure 7 - Typical Access Track Construction Section Figure 8A - Block Plan A Figure 8B - Block Plan B Extended Phase 1 Habitat Survey Report SK/PR0073/D02. 8283-04-N-009 - Noise Assessment
Policies: Allerdale Local Pla n, Adopted 1999 (Saved)
Policy EN10 - Restoration, after uses cease Policy EN14 - Safeguarding Water Environment Policy EN19 - Landscape Protection Policy EN25 - Protecting the open countryside Policy EN32 - Protecting wildlife protected by law Policy EN35 - Creation of new wildlife habitats Policy EN5 - Pollution Control Policy EN6 - Location of potentially polluting development Policy EN9 - Contaminated/Derelict Land
National Planning Policy Framework March 2012 (NPPF)
Achieving sustainable development – paragraph 14 Chapter 10. Meeting the challenge of climate change, flooding and coastal change – paragraph 98 Chapter 11. Conserving and enhancing the natural environment
Ministerial statement
A ministerial statement by the Rt Hon Eric Pickles MP was issued on 6/6/2013. The statement regards the planning reforms to make the planning process more accessible to communities giving local people the opportunity to influence decisions that affect their lives.
The statement makes specific and direct reference to on shore turbine development and the view that decisions are not always reflecting the locally-led planning system.
It is stated that action is required to deliver the balance expected within the NPPF and to ensure that protecting the local environment is properly considered alongside the broader issues of protecting the global environment.
In this respect new planning guidance sets out clearly that ..
1. The need for renewable energy does not automatically override environmental protections and the planning concerns of local communities. 2. Decisions should take into account the cumulative impact of wind turbines and properly reflect the increasing impact upon a) the landscape b) local amenity as the number of turbines in the area increases 3. Local topography should be a factor in assessing whether wind turbines have a damaging impact upon the landscape (i.e. recognise that the impact on predominantly flat landscapes can be as great or greater than on hilly or mountainous ones) 4. 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
This statement and guidance is a material planning consideration and should be taken into account in assessing this application along with further detailed guidance published on 30 July 2013.
Planning Practice Guidance for Renewable and Low Carbon Energy 30 July 2013
Cumbria Wind Energy Supplementary Planning Document July 2007
Relevant Planning 2/1997/0902 (11 turbines implemented) History: 2/2006/1321 (7 turbines implemented) 2/2013/0082 (Hunday Farm) Representations: Winscales Parish – No objections Great Clifton Parish Council – Objection (non-specific) Highway Authority – No objection subject to Construction Traffic Management Plan Environmental Protection – No objection subject to standard conditions. Coal Authority – No objections Natural England – No objections County Archaeologist – No objection NATS – Objection withdrawn following agreement for radar mitigation. Carlisle Airport (Stobart Air) – No objection Ministry of Defence – No objection CAA – No objection with standing advice referring to Ministry of Defence Arqiva – No objection Force – Objection regarding landscape and visual impact.
The application has been advertised on site and adjoining landowners have been notified. One letter of objection and five letters of support have been received.
Report Introduction
The proposed site is on land adjacent to Tarn Bank, Winscales; the application seeks planning consent for the construction of a single wind turbine up to 74 metres in height to blade tip.
The proposed development comprises the construction and operation of a single 80kW three bladed wind turbine on a 50 metre mast with a 48 metre rotor diameter. The turbine will add to the existing wind farm of 18 similar turbines and connected to the existing electrical infrastructure.
Of note is a tandem application 2/2013/0495 for another turbine of the same specification 400 metres to the south west extending the same group of existing turbines. This is subject to a separate report for Members’ consideration.
The turbine will add to the existing wind farm and continue the diversification of the farm business providing electricity to the National Grid via the feed-in-tariff.
Tarn Bank has an educational access agreement in place through the Higher level Stewardship Scheme and the income stream from the turbine will continue to fund this scheme and facilitate educational access and contribute to the funding of a part time job to coordinate such visits or provide supporting resources.
Site and Surroundings
The proposed site comprises agricultural land with farmstead and associated buildings within a broader agricultural area. The field is near adjacent to the A595.
There are a variety of scattered residential properties in the immediate area within 600 metres. The nearest dwelling is Capel How 571 metres to the east of the proposal. The residential suburb of Stainburn 1.8km to the north west is noted separated by the A66 bypass. The small settlement of Hunday is 800 metres south of the existing windfarm and a greater distance of 1.4km from the proposal. In most case the proposal is further away from residential properties than the existing turbines.
The proposed turbine siting is adjacent to the existing turbines within 175 metres that make up the existing Winscales windfarm. These were approved as two separate groups near adjacent to each other under refs 2/1997/0902 (11 turbines 63.5 metres total height) and 2/2006/1321 (7 turbines 81 metres total height).
Policy Considerations
As core principles, the National Planning Policy Framework includes the requirement to take account of the different roles and character of different areas, recognising the intrinsic character and beauty of the countryside and encourage the use of renewable resources.
The NPPF states that the delivery of low carbon energy and associated infrastructure is central to the economic social and environmental dimensions of sustainable development. In determining planning applications, LPA’s should:
• not require applicants for energy development 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.
This positive approach to renewables is underpinned by the Climate Change Act and binding legal targets to reduce carbon emissions.
Policy EN25 of the Allerdale Local Plan restricts development within the open countryside to that which is ‘essential’ to meet a local need. However, the weight to be given to this policy now depends on compatibility with the NPPF which specifies approval of such applications if its impacts are (or can be made) acceptable.
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 turbines, taking into account the advice provided in the recent Ministerial Statement and subsequent guidance (see earlier in the report). Of particular note are extracts from the Planning practice guidance and low carbon energy 30 July 2013 which state:
‘Para 2 advises “Government planning practice guidance can be a material consideration in planning decisions and should generally be followed unless there are clear reasons not to.”
Para 3 states “ ..Planning has an important role in the delivery of new renewable and low carbon energy infrastructure in locations where the local environmental impact is acceptable. “
Para 8 includes “ ..but in considering locations, local planning authorities will need to ensure they take into account the requirements of the technology (see paragraphs 12-13) and, critically, the potential impacts on the local environment, including from cumulative impacts (see paragraphs 43-44). The views of local communities likely to be affected should be listened to. “
Par 11 specifies “ ..The expectation should always be that an application should only be approved if the impact is (or can be made) acceptable. “
Para 15 refers to “ In shaping local criteria for inclusion in Local Plans and considering planning applications in the meantime, it is important to be clear that: - the need for renewable or low carbon energy does not automatically override environmental protections -cumulative impacts require particular attention, especially the increasing impact that wind turbines and large scale solar farms can have on landscape and local amenity as the number of turbines and solar arrays 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”
Para 40 states “ .Cumulative visual impacts may arise where two or more of the same type of renewable energy development will be visible from the same point, or will be visible shortly after each other along the same journey. Hence, it should not be assumed that, just because no other sites will be visible from the proposed development site, the proposal will not create any cumulative impacts. “
Para 41 advises “In assessing the impact on visual amenity, factors to consider include: establishing the area in which a proposed development may be visible, identifying key viewpoints, the people who experience the views and the nature of the views. “
Para 42 refers to “In identifying impacts on landscape, considerations include: direct and indirect effects, cumulative impacts and temporary and permanent impacts. When assessing the significance of impacts a number of criteria should be considered including the sensitivity of the landscape and visual resource and the magnitude or size of the predicted change. Some landscapes may be more sensitive to certain types of change than others and it should not be assumed that a landscape character area deemed sensitive to one type of change cannot accommodate another type of change. “
Need for an Environmental Impact Assessment
The Council issued a screening opinion indicating the proposal was considered to be non EIA development SCR/2012/0023.
Assessment
Landscape and Visual Impact
A comprehensive Environmental Report and Landscape and Visual Impact Assessment (LVIA) has been undertaken by the applicant to examine the potential visual impact of the proposed turbine.
The methodology of the applicant’s LVIA and its conclusions are as follows.
The LVIA is based upon a radius study area of 6km from the proposed turbine site. The assessment considers the predicted effects of the turbine on the immediate landscape, the impact upon the wider landscape and the extent and significance of views of the turbine experienced by receptors in the study area.
Landscape Character
The site of the proposed turbine is within the Ridge and Valley (5a) Landscape sub-type as classified in the Cumbria Landscape Character Guidance and Toolkit. The number of turbines already in the area has resulted in a new landscape sub-type namely ‘Ridge and Valley with Turbines’. In short, Officers agree that the existing turbines represent the principal determining element of landscape character. Officers are of the opinion that the additional turbine will reinforce this landscape characteristic rather than extend its influence.
Viewpoints/Receptors
A viewpoint assessment has been carried out using five viewpoints selected in consultation with Planning Officers at the pre- application stage. Photomontages and wireframe visualisations have been produced in the standard format to illustrate any potential impact. Officers agree that these are adequate and proportional to this extension of the existing windfarm.
The viewpoints at near and far distances from the site contain the receptors of residential properties, highway users and users of the open countryside. The visualisations contain multiple angles of views from each viewpoint and have been produced to consider both individual and cumulative impact.
On the basis of fieldwork observations and a number of measured parameters, including distance and angle of view, the sensitivity of each receptor and magnitude has been assessed by the applicant. This has determined the significance of any impact from the proposed turbine. The sensitivity and impact on each viewpoint has been considered. Officers assessment of this viewpoint analysis is summarised as follows.
Viewpoint 1. View North East From Minor road off A595 Near East Town End Farm (1.2km from turbine). The viewpoint from the south-west of the site includes the receptors of road users (A595) and a concentration of residential properties including the village of Hunday, and individual dwellings including Janecroft, Gale House and East Town End Farm. The existing view is from an elevated position with long distance views. The existing Winscales turbines dominate as a foreground feature. The whole of the proposed turbine will be seen near adjacent to the existing turbines extending the cluster and horizontal array within the view. The impact upon landscape character will be slight and effect on visual amenity will be moderate. Officers agree that the general magnitude of change is considered slight.
Viewpoint 2. View South West East From A595 (477m from turbine). The viewpoint from the north-east focuses down the A595 corridor and includes the receptors of road users (A595). The existing view of the Winscales windfarm is immediate with the lower half of the turbines screened by hedgerow and tree planting along the verges. Only the tips of the blades of the proposed turbine will be seen with mature planting retained. Hedgerow removal and/or during winter months with less vegetation cover the turbine will e more exposed. The impact upon landscape character will be negligible and effect on visual amenity will be minor/moderate. Officers agree that the general magnitude of change is considered slight.
Viewpoint 3. View North From Public Footpath Near Janecroft (1.3km from turbine). The viewpoint from the south is from a public footpath, considered to have a high level of sensitivity as a receptor, across open fields and hedgerows with the view contained by tree planting to the west. Long distance views are possible with existing Winscales windfarm visible beyond the A595. The whole of the proposed turbine will be seen but will be largely indistinguishable form the group of existing turbines. The impact upon landscape character will be slight and effect on visual amenity from users of the footpath will be moderate. Officers agree that general magnitude of change is considered slight.
Viewpoint 4. View East From A596 East of Workington (2.4km from turbine). The viewpoint from the west is from the public highway across open countryside with scattered woodland and with the landscape features of Workington golf course. Medium distance view of the existing Winscales windfarm is possible above the tree line with the Lake District further beyond. Only the upper tips of the proposed turbine blades will be seen above the woodland. The impact upon landscape character will be slight and effect on visual amenity from users of the highway will be minor. Officers agree that the general magnitude of change is considered negligible.
Viewpoint 5. View North From Dean Moor (5.1km from turbine). The viewpoint from the south is from high open countryside with intervening landforms and woodland. Long distance views of the existing Winscales windfarm are possible with other turbine development visible including Siddick and Oldside with Robin Rigg visible in clear weather. The whole of the proposed turbine will be seen amongst the array of existing turbines. The impact upon landscape character will be minor and effect on visual amenity for users of the highway will be minor and minor/moderate on users of the open countryside. Officers agree that the general magnitude of change is considered negligible.
Based upon the assessment of these viewpoints and sensitivity of receptors it is Officer opinion that the proposed turbine will be viewed amongst or directly adjacent to the existing cluster of 18 turbines. This cluster has been formed from two groups of 7 and 11 turbines either side of Moor Road but are largely seen as a homogenous group or windfarm. The proposed turbine is most associated and well related to the larger group of 11 turbines to the south of Moor Road.
When seen in this context as an extension to the established windfarm development, the proposal will have minimal visual impact upon settlements, individual residential properties, public highways and recreational land including public rights of way. Longer more distant views of the turbine would make it indistinguishable from the existing array of turbines with no significant visual effects. In short, Officers consider the landscape already dominated by turbines has the capacity to accommodate further wind development without any harm upon visual amenity or landscape character.
Hunday Farm Turbine Ref 2/2013/0082
As a comparison, Members are reminded of a single turbine 77 metres total height at nearby Hunday Farm. This turbine was judged by Members to have minimal visual impact with a reason for refusal based solely upon radar issues with an objection from NATS. (not a factor in this application).
The Officer’s report agreed by Members summarised the issue as follows .
‘Located within an established wind farm landscape to the west of Workington, the proposal would not result in any unacceptable cumulative visual impact upon the surrounding landscape and; satisfy the requirements for the erection of a single turbine within this setting in terms of not materially altering the character of the landscape or adversely impacting upon residential amenities.’
This assessment is equally true for the application site.
Cumulative Impacts
The applicant has provided a Cumulative Landscape and Visual Assessment (CLVA) to examine the potential for cumulative impact of the turbine when considered in context to other operational, consented and proposed turbines within the agreed study area.
In respect of visual impacts there are three types of cumulative effects: in combination or extension, in succession when seen from a fixed point and in sequence when seen travelling through the landscape.
The viewpoints and receptors referred to above regarding general landscape and visual impact have been repeated by the applicant for the assessment of cumulative impact. Visualisations including photomontages and wireframe diagrams have again been prepared.
The following list provides a summary of the size and number of other turbine sites in the immediate vicinity and beyond within 9.6km. These developments have been used to assess cumulative impact where appropriate from each of the agreed viewpoints.
Onshore Operational and Under construction schemes
Winscales 18 turbines 69 - 81m high 200m Siddick and Oldside 16 turbines 61m high 5km Eastman Voridian 2 turbines 108m high 5.2km Lowca 5 turbines 81m high 6km Fairfield Farm 5 turbines 81m high 6.1km Flimby 3 turbines 102m high 6.1km
Consented turbines schemes
Harrington 1 turbine 61m high 4.8km Whythegill 1 92.5m high 5.1km Green House Farm 1 79.6m high 6.4km Watch Hill 1 74m high 6.6km
Proposed Onshore schemes (planning application submitted)
Tarn Bank 1 turbine 74m 400m Hunday Farm (refused, appeal pending) 1 turbine 79m high 1km Lillyhall 4 turbines 100m high 1.9km Potato Pot (refused, appeal pending) 3 turbines 100m high 2.2km Middle Gill Farm 1 turbine 67m high 6km Ewanrigg Hall Farm 1 turbine 67m high 7.2km Fox House Farm 1 turbine 77m high 8.1km Weddicar Rigg (refused, inquiry pending) 5 turbines 115m high 7km West House Farm (refused, appeal pending) 1 turbine 77m 9.6km
Officers recognise further turbine development over a much wider area including the Tallentire (11km) and Bothel (17km) turbines. These examples over such a wider area are not considered relevant to this proposal.
The analysis of potential cumulative impact from fixed positions involves the predicted visibility of other turbines in context with the proposal from the viewpoints. The assessment considers simultaneous or combined visibility in the same field of view or successive or repetitive visibility when the observer moves their head to change the field of view.
In comparison sequential or recurring visual effects occur with changing views when the observer is moving through a landscape or route corridor experiencing different views of the same development.
It is officer opinion that the applicant has provided a comprehensive and conclusive assessment of cumulative impact.
Without repeating the assessment above of the landscape and visual impact from the agreed viewpoints, it is concluded that the proposed turbine will be seen as an extension of the existing 18 turbines forming a distinct cluster of turbines. Although the proposed turbine would make a minor change to the shape and size of the existing group there would be no significant cumulative visual effect either with the Winscales group itself or with any other development within the study area.
Officers have also considered other near and long distant views other than the agreed viewpoints. Distant views of the existing Winscales windfarm from the west and north-west beyond the study area are possible diminishing with distance and weather conditions. The proposal will have a negligible impact when viewed from distance and will have similar minimal impact when viewed as part of the sequence or necklace of turbine development along the A66 and A596 corridors.
Finally reference is made to the tandem application for another turbine 2/2013/0495 planned within the same group of turbines and reported to Members at this meeting. This turbine adds further to the size of the windfarm but is considered to have no impact upon cumulative impact regarding this proposal.
Access and Highways
The Highways Authority has indicated they have no objections to the proposal with the road network unaffected and adequately serving the existing windfarm site for delivery and construction traffic. They presume the same arrangements as that for the previous turbine deliveries and recommend the repeat of a Construction Traffic Management Plan in the avoidance of doubt. The Highway Agency are responsible for sections of road to reach the site and do not object in principle.
The proposal is considered not to affect users of the highway. As a receptor the users of the highway are considered to experience only a minor magnitude of change.
The topple distance to the public highway allowing for micrositing is 62 metres to Moor Road and 130 metres to the A595. Two existing turbines are noted within 80 metres of Moor Road. In order that the safety of Moor Road is not compromised, the micrositing of this turbine can be conditioned as to be no nearer to Moor Road resulting in a safe topple distance of 84 metres.
Public Rights of Way
The nearest public right of way is approximately 1.2km to the south of the site beyond any topple distance. The opportunity for open countryside access is limited with the site surrounded by private agricultural land.
Noise
A noise report accompanying the application concludes 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. The noise limits were assessed with regard to the individual turbine and the cumulative impact with the windfarm as a whole.
Environmental Protection has confirmed that they are satisfied with the findings subject to appropriate standard conditions.
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 48m with a zone of influence of 480m. There are no residential properties or other significant receptors within 480m of the turbine and therefore no shadow flicker effects are predicted.
Historic Environment
There are no listed buildings, conservation areas or schedule ancient monuments in the vicinity of the site and the historic environment is considered unaffected.
Ecology
A qualified Extended Phase 1 Habitat Survey Report has been provided to support the application. As agricultural pasture in open countryside; with a variety of hedgerow and mixed tree species in the immediate area, the report identifies a broad range of common flora and fauna typically found within a habitat of this type.
The report concludes that there is no risk to the habitat or any species with regard to an additional turbine within the existing turbine landscape. The hen harrier foraging zone is within 150 metres of the site across the A595, however the additional turbine is not considered to have any impact considering the close arrangement of the existing turbines. No further studies or recording exercises are required. Natural England does not object.
Electromagnetic Interference (EMI), Aviation and RADAR
The CAA, Carlisle Airport and the MOD have been consulted on the proposal and have raised no objections. The original response from NATS of objection regarding radar interference has been withdrawn following agreed mitigation adjusting the radar software. No danger to air safety is confirmed. All responses are based upon precise turbine coordinates.
Flood Risk
The site is in Flood Zone 1 with no flood risk
Communications Infrastructure
Pre-application consultation with the major providers of communications apparatus and utilities has resulted in no objections. The nearest electricity powerline is more than 300m away and well beyond the safeguarding and easement distance of 3 x rotor diameters (144m) recommended by Electricity North West.
Ground Conditions/Coal Authority Report
A Coal Authority report has been provided for the applicant
The site comprises made ground following open cast mining operations. Underground mining last took place in 1957. It is anticipated by the Coal Authority that any subsequent ground movements have ceased. In order to fully assess the characteristics of the made ground for the purpose of engineering the turbine’s foundation, a geotechnical investigation is planned which can be conditioned.
Local Finance Considerations
Having regard to S70 (2) of the Town and Country Planning Act the proposal does not have any local finance considerations.
Conclusions/Recommendation
In balancing the degree of any harmful effects of the proposal, which are considered very minimal with regard to visual and landscape, against the benefits arising from the promotion of renewable energy development; it is considered that on balance, the development will have negligible impact and can be supported.
Recommendation: Approved
Conditions/ 1. The development hereby permitted shall be begun before Reasons: the expiration of three years from the date of this permission. Reason: In order to comply with Section 51 of the Planning & Compulsory Purchase Act 2004.
2. The development hereby permitted shall be carried out in accordance with the following plans: Figure 2 - Detailed Location Plan Figure 3 - Site Layout Plan Figure 4 - Site Layout Plan Figure 5 - Wind Turbine Elevations Figure 6 - Typical Wind Turbine Foundation Figure 7 - Typical Access Track Construction Section Figure 8A - Block Plan A Figure 8B - Block Plan B Extended Phase 1 Habitat Survey Report SK/PR0073/D02. 8283-04-N-009 - Noise Assessment Reason: In order to ensure a satisfactory standard of development.
3. This permission shall remain valid for a period of 25 years from the date that electricity from the development is first connected to the grid. Not later than 12 months before the end of this permission, a decommissioning and site restoration scheme shall be submitted to and approved in writing by the Local Planning Authority. The approved restoration scheme shall be fully implemented within 18 months of the removal of the turbine. Reason: To ensure the satisfactory long term restoration of the site, and the removal of any non essential development in the open countryside to safeguard the visual amenity of its site and surroundings in the open countryside.
4. If the turbine ceases to be operational for a continuous period of 6 months, the development hereby permitted shall, within a period of 3 months (or such longer period as may be agreed in writing by the Local Planning Authority), be removed in its entire ty from the site and the site shall either be restored to its condition before the development took place, or otherwise in accordance with a scheme that shall have first been submitted to and approved in writing by the Local Planning Authority. Reason: To safeguard the visual amenity of the site and surroundings from non essential development in the open countryside.
5. Within 12 months of the completion of the construction works the temporary working areas around the turbine shall be reinstated in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority prior to any development commencing. Reason: To safeguard the visual amenity of the site and surroundings in the open countryside.
6. All buildings and other operational structures shall be removed from the contractor's compound within 3 months of the completion of the works required by Condition 5 above. Reason: To minimise the impact of any non essential development in the open countryside and to safeguard the visual amenity of the site and its surroundings.
7. Prior to the erection of the turbine details of the colour and finish shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: To minimise the visual impact of the development of its site and surroundings in the open countryside.
8. The following background noise levels shall not be exceeded when the turbine is in operation: (a) Night time noise limits (11pm-7am) - The LA90 (10 minutes) specific noise level shall not exceed 43dB(A) when assessed and measured 3.5 metres from the façade of the nearest noise sensitive use namely Capel How, Winscales Road, Cumbria, CA14 1XR above the quiet day time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater. (b) Day time noise limits (7am -11am) - The LA90 (10 minutes) specific noise levels shall not exceed 40db(A) when assessed and measured 3.5 metres from the façade of the nearest noise sensitive uses use namely Capel How, Winscales Road, Cumbria, CA14 1XR or 5dB above the quiet day time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater. (c) Night time noise limits (11pm - 7am) - The LA90 (1 0 minutes) specific noise level shall not exceed 43dB(A) when assessed and measured 3.5 metres from the façade of the nearest financially involved noise sensitive use namely High Mains, Winscale, Cumbria, CA14 4JG or 5dB above the quiet day time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater. (d) Day time noise limits (7am - 11pm) - The LA90 (10 minutes) specific noise levels shall not exceed 40db(A) when assessed and measured 3.5 metres from the façade of the nearest financially involved noise sensitive use namely High Mains, Winscale, Cumbria, CA14 4JG or 5dB above the quiet day time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater. (e) In the event of a complaint being received in writing by the Local Planning Authority alleging noise nuisance (due to the turbine) at a residential property or properties incuding those specified within Condition 9 a), the wind turbine operator shall, at its expense, employ an independent consultant approved by the Local Planning Authority to measure and assess the level of noise emissions from the wind turbine at the location of the complainant's property. The results of the independent consultant's assessment shall be provided in writing to the Local Planning Authority within three months of the date of notification of the complaint. If a breach of noise levels specified in Condition 9 was confirmed at the complainant's property in the assessment, the operation of the turbine shall cease until the Local Planning Authority is satisfied that the turbine can operate within the noise limits specified in Condition 9 a) b) c) and d). The operator of the development shall be under no obligation to follow the procedure set out in this condition where the complaint relates to a residential property more than three kilometres from the wind turbine generator. Reason: To minimise any potential noise disturbance from the development to the occupiers of any residential dwellinghouses in the locality of the site.
9. No development shall take place until a written scheme has been submitted to and approved in writing by the Local Planning Authority setting out a protocol and methodology for dealing with the assessment of shadow flicker in the event of any complaint. The protocol and methodology shall include remedial measures to be taken to alleviate any identified occurrence of shadow flicker. The operation of the turbine shall take place in accordance with the agreed protocol and methodology. Reason: To minimise the risk of shadow flicker from the development affecting the occupiers of any residential dwellinghouses in the locality of the site.
10. No development shall take place until a written scheme has been submitted to and approved in writing by the Local Planning Authority setting out a protocol and methodology for dealing with the assessment of electromagnetic interference in the event of any complaint. The protocol and methodology shall include remedial measures to be taken to alleviate any identified occurrence of electromagnetic interference. The operation of the turbine shall take place in accordance with the agreed protocol and methodology. Reason: To minimise the impact of any disturbance potential electromagnetic interference from the development to the aerial reception of any dwellinghouses in the locality of the application site.
11. No development shall take place until a scheme for a condition survey of the public highway from the site access along the haul route prior to development commencing and after development is complete has been submitted to and approved in writing by the Local Planning Authority. Any necessary remedial works identified shall be made good in accordance with the approved scheme within 3 months. Reason: In the interests of highway safety.
12. No advertisements other than safety or information notices shall be displayed anywhere on the turbine structure. Reason: To minimise the visual impact of the development of its site and surroundings in the open countryside.
13. The turbine shall be erected at the following coordinates: E303364 N527280. A variation of the indicated position of any turbine shall be permitted by up to 20 metres in any direction excluding in a north-easterly direction nearer to Moor Road. A plan showing the position of the turbines as built shall be submitted within one month of the First Export Date. Reason: To minimise any impact of the development from micro-siting the approved turbines on the landscape and its associated visual amenity.
14. Prior to the commencement of development, a plan to a scale of 1:500 shall be submitted to the Local Planning Authority showing the location of the temporary site compound or compounds required in connection with the construction of the development. Each plan shal l indicate the location of the buildings, car parking, and boundary fencing. The plans shall describe the surfacing of each site compound and the means of drainage and dust suppression within the compound. Any fuel, oil, lubricant, paint or solvent stored on site shall be contained within bunds or double skin tanks, which must be capable of containing at least 110% of the largest capacity vessel stored therein. Thereafter any temporary site compound at the site shall be constructed in accordance with the approved plans. All temporary contractors' site compounds shall be removed and the land reinstated to its former profile and condition no later than 9 months after the First Export Date. Reason: To ensure the long term restoration of the site and safeguard against non essential development in the open countryside and to prevent the pollution of the local water environment.
15. No development shall take place until a surface water management plan covering water treatment and the means of drainage from all hard surfaces and structures within the site and accesses to the local highway network has been submitted to and approved in writing by the Local Planning Authority. The water treatment and drainage measures shall be carried out in accordance with the approved details prior to the operation of the turbine. For the purposes of this condition, hard surfaces include access tracks within the site, the substation compound, temporary construction and laydown areas, turbine pads and crane pads. The details to be submitted shall indicate the means of protecting groundwater, including private water supplies, and diverting surface water run-off. Reason: To protect the local water environment from any potential pollution.
16. No development shall take place until a Construction Traffic Management Plan (CTMP) has been submitted to and approved in writing by the Local Planning Authority. The CTMP shall include details of: (a) The suitability of the existing site access used form previous turbine deliveries. (b) Proposed accommodation works and where necessary a program for their subsequent removal and the reinstatement of street furniture and verges, where required, along the route; (c) Retained areas for vehicle parking, manoeuvring, loading and unloading for their specific purpose during the development; (d ) The dimensions of turbi ne and associated components; (e) The management of junctions to and crossings of the public highway and other public rights of way/footway; (f) A haul route plan including the scheduling and timing of movements, details of escorts for abnormal loads, temporary warning signs and banksman/escort details. The development shall be carried out in accordance with the approved CTMP. Reason: To minimise the risk of any pollution to the local water environment.
17. No development shall take place until a Construction Method Statement including details of all on-site construction works, post construction reinstatement, drainage , mitigation, and other restoration, together with details of their timetabling has been submitted to and approved in writing by the Local Planning Authority and shall include measures to secure: (a) Formation of the construction compound and access tracks and any areas of hardstanding, earthworks and re-grading associated with the access tracks, storage and handling of topsoils/soils; (b) Cleaning of entrance sites and the adjacent public highway; (c) Temporary site illumination measures; (d) Disposals of surplus materials; (e) The sheeting of all HGVs taking spoil to/from the site to prevent spillage of deposit of any materials on the highway; (f) Soil storage and handling; (g) Temporary and permanent parking and storage areas for construction vehicles, maintenance vehicles, equipment and component storage; (h) Measures to prevent mud and debris extending onto the public highway (i) Disposal of any surplus materials (j) Dust management; (k) Drainage arrangements for all impermeable areas and buildings, including parking areas, hardstandings, access tracks (l) post construction restoration/reinstatement of the working areas. The Construction Method Statement shall be carried out as approved. Reason: In the interest of visual and residential amenity, and to prevent pollution of the environment in accordance with the NPPF and Policies EN6, EN14, EN25 and EN27 of the Allerdale Local Plan, Adopted 1999 (Saved).
18. Construction work shall only take place between the hours of 07:00-19:00 hours on Monday to Friday inclusive, 07:00-13:00 hours on Saturdays, with no such working on a Sunday or local or national public holiday. Outside these hours, construction work at the site shall be limited to emergency works and dust suppression. The receipt of any materials or equipment for the development, other than turbine blades, nacelles, and towers is not allowed outside the hours set out. Reason: To safeguard the residential amenity of occupiers of dwellinghouses in the locality of the site from any noise pollution relating to the development.
19. The development hereby approved shall be implemented solely in accordance with the mitigation within the development hereby approved shall be implemented solely in accordance with the mitigation within the Extended Phase 1 Habitat Survey Report SK/PR0073/D02. Reason: In the interests of the protection of wildlife in accordance with the National Planning Policy Framework, Policy EN32 of the Allerdale Local Plan.
Proactive Statement
The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any stakeholder representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.
Notes to Applicant: