Allerdale Borough Council
2/2012/0140
Reference No: 2/2012/0140 Received: 29 February 2012 Proposed Installation of one turbine on 24 metre mast Development: Location: Moordyke Aikton Wigton Applicant: Mr & Mrs Quayle
Drawing Numbers: 1 - Block Plan 2 - Site Location Plan HI12c-ELE - Turbine Elevations Email received 27 July 2012 relating to colour of turbine Ecological Statement
Constraints:
Policies: Northwest Regional Spatial Strategy Policy DP7 - Promote environmental quality Policy DP9 - Reduce emissions and adapt to climate change Policy EM17 - Renewable Energy
Cumbria and Lake District Joint Structure Plan Policy E38 - Historic environment Policy R44 - Renewable energy outside the Lake District National Park and AONBs
Allerdale Local Plan, Adopted 1999 (Saved) Policy EN6 - Location of potentially polluting development Policy EN10 - Restoration, after uses cease Policy EN19 - Landscape Protection Policy EN25 - Protecting the open countryside Policy EN32 - Protecting wildlife protected by law Policy CO18 – Setting of Listed Building Policy CO19 - Protection of Scheduled Ancient Monuments
National Planning Policy Framework Supporting a properous rural economy Protecting Green Belt land Meeting the challenge of climate change, flooding and coastal change Conserving and enhancing the natural environment Conserving and enhancing the historic environment
Relevant Planning None relevant to application History:
Representations: Parish/Town Council – No objections.
Cumbria Highways – No objections.
Ministry of Defence – No objections.
Arquira – No reply to date.
Environmental Health – No objections subject to conditions attached.
Civil Aviation Authority – Consultations for wind energy related development is exceeding the resource available to respond within LPA timeframes. Should consult with NATS and MoD and relevant aerodromes. The CAA has no responsibility for safeguarding sites other than within its own property.
RSPB – No reply to date.
Natural England – No objections on the impact on designated sites. It is not clear from the submitted information what the impact on protected species will be (bats). We request further details be provided, however if the turbine was moved to within 50m of a linear feature/building(s) then further surveys would not be needed.
NATS – No safeguarding objection.
County Planning – Do not consider the proposal to be a Category 1 application and that the County Council will not be responding from a strategic planning perspective.
Fire Officer – No objections.
United Utilities – No objections.
Cumbria Wildlife Trust – No reply to date.
Stobbart Air(Carlisle airport) – Government policy to encourage generation of electricity from renewable resources has led to a proliferation of wind turbine planning applications across the UK. It is therefore vitally important for the Airport operator to properly assess the potential effect of each development in order to safeguard the continued safety of aircraft operations. Initial assessment of the proposal reveals a potential conflict with Carlisle Airport safeguarding criteria. Consequently a more in- depth assessment of your proposed development is required (30 March 2012) Upon receipt of the Aviation Assessment we can confirm the proposal would not have any impact on safe aviation operations at Carlisle Airport (5 July 2012)
The application has been advertised on site and adjoining owners have been notified.
A letter of objection has been received from FORCE who recommend the application be refused. Although supporting renewable energy, they are concerned about the irreversible loss and damage to out rural landscape, through inappropriate development, combined with the negative impacts on local rural communities.
• Proximity to houses/amenity – there are numerous houses within close proximity of turbine (300m – 600m). The effect on amenity both within and outside of people homes would be severe. • Cumulative impacts and effects – There has been an increase in the number of smaller scale turbines been erected in Allerdale. In considering, cumulative effects, the landscape assessment failed to mention other nearby proposals. • We suggest that ZTVs should be submitted as part of the application.
Report Planning permission is sought for installation of one turbine on 24 metre mast, Moordyke, Aikton, Wigton.
Proposal
The proposal is for one, WES18 wind turbine, with two blades. The proposed turbine is to be installed on a mast that will have a hub height of approximately 24.830m, rotar diameter of 18m and a maximum tip height of approximately 34.5m. The turbine would be sited within a field, to the west of the farm buildings at Moordyke, to which the land relates. The turbine will be located approximately 26m from the nearest farm building. The proposal includes: • Base work to secure the turbines to the site • Underground wires to connect to the national grid
Requirement for Environmental Impact Assessment
The Local Planning Authority have issued a screening opinion as part of the application that the proposed development does not constitute EIA development and an EIA is not required to be submitted with an application for planning permission. Site
The application site is located within an agricultural holding in the open countryside to the north of the built settlement of Aikton. The site is located to the west of the farm complex away from the public road. The proposed wind turbine location is approximately 300m west of the nearest public road. The farm house is located approximately 130m east of the proposed wind turbine.
Access to the proposed turbine will be via the existing entrance to the farm buildings.
The land surrounding the site is relatively flat and consists largely of intensively managed farmland. The turbine is located to the west of modern farm buildings and there is a hedge with sparodic trees along the boundary to the north. Isolated trees and hedgerows border nearby fields and roads. The surrounding area is generally fields, interspersed by traditional field hedging and isolated dwellings/farm buildings.
Policy
National planning guidance is supportive of renewable energy production and regional targets are in place to encourage its development. National energy policy recognises that the UK has some of the richest renewable resources in Europe, particularly wind resources, which if captured can make a significant contribution to our long term energy goals on climate change and security of supply. In terms of the planning system, this factor is a material consideration that should be given significant weight when considering renewable proposals. 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.
At the regional level, the North West of England Plan Regional Spatial Strategy to 2021 (RSS) Policy DP9 supports the reduction of greenhouse gas emissions, and EM17 encourages the installation of renewable energy generation, where certain criteria are met. The RSS also contains regional targets for Cumbria. Whilst the Localism Act proposes the abolition of the RSS, a consideration that may be given some weight, the RSS remains part of the Development Plan for the present time. Further, the intention to abolish the RSS in this instance is considered to carry less weight because the underlying binding targets of the Climate Change Act will remain.
Saved Policy R44 of the Joint Structure Plan states that outside the Lake District and AONB proposals for renewable energy, including any ancillary infrastructure or buildings, will be favourably considered subject to a number of criteria relating to landscape character, biodiversity and natural and built heritage, local amenity, local economy, highways or telecommunications. Specifically for wind turbines, the policy indicates that measures should be included to secure satisfactory removal of structures/related infrastructure and remediation of land following cessation of operation of the installation. The County Council has also produced the Cumbria Wind Energy Supplementary Planning Document.
Policy EN25 of the Allerdale Local Plan restricts development within the open countryside to that which is ‘essential’ to meet a local need. No Allerdale Borough Council policies specifically relating to renewable energy have been ‘saved’ . However, the weight to be given to policy EN25 now depends on compatibility with the NPPF which specifies approval of such applications if its impacts are (or can be made) acceptable.
Assessment
Needs/Benefits
The needs and benefits of the proposal are important elements in the overall planning balance. Guidance in the national energy policy, RSS Policy EM17 and Structure Plan Policy R44 indicates that the wider economic benefits of all proposals for renewable energy projects, at whatever scale, are material considerations that should be given significant weight in determining whether proposals should be granted planning permission.
The livestock farming operations at the site intrinsically require a high level of energy usage. The installation of the proposed turbine would enable the demand of the farm to be met with any surplus being sold back to the grid providing an additional revenue stream, facilitating the diversification of the farm and underlining the sustainability of the business.
Whilst this scheme would make a small contribution towards regional and national targets for the production of energy from renewable sources, it remains valuable, thus contributing to meeting the targets of the Climate Change Act and National Energy Policy. Whilst the local economic benefits cannot be precisely quantified, there would be some in terms of construction and maintenance contracts and agricultural diversification. Achieving the binding national targets for the proportion of energy from renewable sources and the reductions sought in greenhouse gases can only be done by an accumulation of local projects of varying scale. Thus, based solely on national performance, a need for developments of this type exists. These are material considerations that weigh significantly in the planning balance.
Landscape and Visual Impact
The application has been accompanied by a Landscape and Visual Impact Assessment (LVIA) with accompanying photomontages and an addendum to the LVIA. It is not explicit from the information provided if the person who has prepared this is a qualified landscape architect. The photomontages include views from the northeast and south east taken from the public highway.
Within the Cumbria County Council landscape classification, the site lies within Landscape Character Area 5b: low farmland. No national landscape designations apply.
The site lies in a rural location characterised by rolling agricultural land, interspersed by trees and hedges. Wide ranging views can be obtained of the wider landscape. Within the vicinity of the site are a number of man made structures, largely farming related buildings and roads.
Public views of the proposed turbine would be possible from along parts of the surrounding highway network. Residents of dispersed properties within the locality may experience views of the turbine, the nearest non-related property is approximately 310m to the north.
Landscape Character 5b, is assessed as having a moderate capacity to accommodate wind energy development. This proposal is for one turbine at this location, at approx. 34.5m in height, which is considered to be small/medium scale and more modest in height than the commercially sized turbines and many of the domestic turbines erected throughout Allerdale. The number of turbines proposed fall within the identified landscape capacity of this landscape character sub-type. It is considered that the single turbine would be of a scale appropriate to the farm holding, and it is not considered that the turbine would appear to be out of scale with this expansive landscape.
There is no significant clutter of man-made structures within the immediate vicinity of the site. Given the smaller scale of the development in comparison to commercial wind energy developments, longer range views will be reduced to a degree by topography, existing buildings, mature trees/woodland and so forth. Visual impact is reduced with distance. In the recent appeal decision for the wind energy development at Westnewton, the Inspector concluded that despite the intensification of turbines between Workington and Carlisle, the landscape remains the dominant feature and would be described as a landscape with windfarms and not a windfarm landscape. The erection of two small to medium scaled turbines at this location is not considered to alter this description and would not create a sense of the landscape being dominated by wind turbines.
Visual Amenity
There are no public footpaths within the immediate vicinity.
The nearest property other than the farmhouse is Aikton Arms Public House, which has residential accommodation over. There are a number of other residential properties surrounding the turbines both in built up villages of Little Bampton, Aikton, Biglands and Wiggonby, which are within 0.3km – 2.5km of the site and individual dwelling between these villages. Views of the turbine from these properties may be possible, but due to the orientation of the dwellings, the siting of the turbine behind the existing farm buildings, levels of the land and trees/hedgerows, it is not considered that the turbines would appear visually dominant to residents of these localities. The proposal is well in excess of 10 rotor diameters from the nearest non-related property and therefore the issue of Shadow Flicker is not considered to be of significant weight.
As such, officers consider the likely visual effects of the proposed turbines are not considered to be significantly sufficient to warrant refusal.
Cumulative Impact
There are 6 existing large (approximately 65m to tip) turbines at Great Orton, approximately 3.8km to the southeast, High Pow wind farm which comprises of 4 turbines (approximately 121m to tip) over 14km southeast of the site. Other sporadic turbine development and wind farms extend across the borough with many small scheme single turbines pending and approved in the vicinity. These are:
• 2/2011/0862 Greyrigg House, Thornby 1 turbine hub height of 20.58m approximately 2.8km north south east of proposal – pending. • 2/2011/0477 Micklethwaite East, Micklethwaite 1 turbine hub height of 15.4m approximately 3.8km south east of proposal – approved. • 2/2012/0040 Thornby Villa, Thornby 2 turbines hub height of 34m approximately 2.4km south east of proposal – pending. • 2/2012/0146 Moorhouse Hall, Aikton 1 turbine hub height of 18m approximately 3.1km south of proposal – approved. • 2/2009/0520 Rosewain Farm, Rosewain, Wigton 1 turbine hub height of 18.3 approximately 4.85km south of the proposal – approved. • 2/2012/0524 The Flatt Farm, Great Orton, Kirkbampton 1 turbine hub height of 45m approximately 3.7km north east of proposal – pending. • 2/2012/0354 Green Croft, Oughterby 1 turbine hub height of 24.6m approximately 2.69km north east of proposal – pending. • 2/2011/0265 Park House, Aikton 1 turbine hub height 20.584m approximately 2.24km east of proposal – approved. • 2/2012/0438 Laythes Farm, Kirkbride 1 turbine hub height of 32.7m approximately 3.4km north west of proposal – pending. • 2/2011/0938 Shaw House, Kirkbride 1 turbine hub height of 25.83m approximately 5.38km north west of proposal – approved.
The number of existing or approved turbines of all scales within this locality is increasing. However, in considering the small scale of the current proposal and the separation distances involved to other turbine developments, the magnitude of potential landscape and visual impacts cumulatively of this and other turbines, are not considered to be sufficiently significant to warrant refusal.
Due to the size and existing landscape and manmade features any visual interaction would be limited. As such, the proposal is not considered to give rise to significant cumulative effects in terms of either landscape character or visual amenity.
Designations
The site is in excess of 12km from the Lake District National Park and 5.5km from the Solway Coast AONB. The proposed turbine would be too far away, too small and too inconspicuous to result in any harm to the special qualities of either of these designations.
Biodiversity
The site does not fall within any designated sites. The turbine has been sited 26 metres away from the nearest building and 50 metres from the hedgerow to the north. However the blade sweep lies 47m from the boundary.
A basic ecological survey and bird survey reports have been submitted with the application. The appraisal concludes that:
• It is unlikely that any ground nesting birds would choose to utilise the site, as the poor sward structure makes it fundamentally unsuitable. • The distance of the turbine from trees and hedges means the impact on hedgerow birds and bats is likely to be negligible. • Together with the views from Natural England and RSPV (at pre-application stage), and the absence of any designated nature conservation sites in the vicinity it is unlikely that the turbine would have a negative impact on nature conservation interests.
Natural England were satisfied that the proposal would not affect Biglands Bog Site of Special Scientific Interest (SSSI), which is in close proximity to the application site. However from the submitted information they consider it is unclear what the impact on protected species will be (bats) and encourage the authority to ask the applicant to provide further survey information. Alternatively the turbine could be moved 50m from a linear feature/building(s) then further surveys would not be needed.
The existing buildings to the east of the turbine location are modern agricultural buildings that are not suitable for bats. The turbine would need to be moved 3 metres south to be outside the requirements of requiring further surveys to be carried out. On this basis officers consider additional surveys are not required and the proposal at accept the findings in the ecological report.
RSPB and Cumbria Wildlife Trust have not responded on the application. Noise
ETSU–R–97 – ‘The assessment and rating of noise from wind turbines’, is the standard guidance document relating to wind turbines. This indicates that noise from wind turbines should be limited to:
• In low noise environments, daytime noise levels should be limited to an absolute level within the range of 35-40dB (A). • The fixed limit for night-time is 43 dB (A). • Day and night-time levels of 45 dB (A) for any related property. • For single turbines or large separation distances, simplified limit of 35 dB (A) up to wind speeds of 10 m/s should not require background noise measurements.
Environmental Protection officers have raised no objections to the proposal subject to conditions attached that the noise from the wind turbine be limited to reflect the ETSU standards. Based on this advice from Environmental Protection, the proposal is considered to be acceptable with regard to noise levels generated.
Shadow Flicker
Research suggests that shadow flicker effects have been proven to occur only within 10 rotor diameters of a turbine. With a rotor diameter of 18m, there is the potential for shadow flicker to occur within 180m of the proposed turbine. No residential dwellings or their associated curtilage areas are within 130m of the turbine. Should complaints arise regarding shadow flicker, there is the potential for this to be investigated as a nuisance by Environmental Protection.
Electromagnetic Interference (EMI), Aviation and RADAR
The CAA and the MoD have been consulted on the proposal. The MoD raise no objections and no conditions have been requested with regard to the proposal. The standard response from the CAA for turbines indicates that the CAA has no responsibility for safeguarding sites other than within its own property. The scheme is considered acceptable in terms of aviation safety and radar.
Aviation
Government policy to encourage generation of electricity from renewable resources has led to a proliferation of wind turbine planning applications across the UK. It is therefore vitally important for the Airport operator to properly assess the potential effect of each development in order to safeguard the continued safety of aircraft operations.
Carlisle Airports initial assessment of the proposal revealed a potential conflict with Carlisle Airport safeguarding criteria. Consequently they requested a more in-depth assessment of the proposed development be carried out.
The applicant commissioned Carlisle Airport to carry out an aviation assessment on behalf of the applicant. The report confirms that there will be no impact on safe aviation operations at Carlisle Airport. Carlisle Airport have confirmed they have no objections.
Highway/Traffic Impact
The Highways Authority generally suggest a separation distance between turbines and roads or railways of the height of the turbine plus 10%, to reduce any risks from toppling or icing, (the instances of such occurrences are noted as rare). The separation distance proposed to the highway, is well in excess of this, as such, it is considered that the proposal would not adversely affect the highway in an unacceptable manner in terms of safety.
Access to the site will be from the classified road, via the existing private track which passes through the farmstead. An existing access gate in to the field will be used, which is wide enough to accommodate turbine construction traffic. In order to access the turbine site a hardcore track will be required around 50 metres in length.
The County Council Highways Team have raised no objection to the proposal.
Hydrology, Hydrogeology, and Geology
It is considered that adequate mitigation measures can be incorporated into any build to ensure no significant pollution to the water environment, in accordance with saved policy EN5 of the Allerdale Local Plan, First Alteration.
Heritage
There are no known heritage assets within the application site. One Grade II Listed Building lies within 1km of the site. The Listed Building, Aikton House lies 0.42km south east of the application site. However due to the numerous agricultural buildings between the application site and Listed Building officers consider the proposal is unlikely to have any significant adverse impacts on such heritage assets. The proposal is therefore considered acceptable in relation to policies CO18 and CO19 of the Local Plan, E38 of the Joint Structure Plan and the guidance contained within the NPPF. Conclusion
In balancing the harmful effects of the proposal, which are in the main limited to the impact on the landscape/visual amenity, against the benefits arising from the promotion of renewable energy development, it is considered that the visual harm identified is outweighed by the benefits arising from the proposal. The recommendation therefore is for approval subject to conditions.
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 solely in accordance with the following plans: 1 - Block Plan 2 - Site Location Plan HI12c-ELE - Turbine Elevations Email received 27 July 2012 relating to colour of turbine Ecological Statement Reason: In order to comply with Section 51 and Section 91 of the Planning & Compulsory Purchase Act 2004.
3. This permission shall remain valid for a period of 25 years from the date that electricity from the development is first produced ('First Export Date'). The date of the first production of electricity shall be notified in writing to the Local Planning Authority within 28 days of the event occurring. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with Policies EN25 and EN10 of the Allerdale Local Plan, Adopted 1999 (Saved).
4. Not later than 12 months before the end of this permission, a decommissioning and site restoration scheme shall be submitted for the written approval of the Local Planning Authority. The scheme shall make provision for the removal of the wind turbines and the associated above ground equipment and foundations to a depth of at least one metre below ground. The approved scheme shall be fully implemented within 6 months of the expiry of this permission. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with Policies EN25 and EN10 of the Allerdale Local Plan, Adopted 1999 (Saved).
5. If any turbine hereby approved ceases to be operational for a continuous period of at least 6 months, the turbine shall be removed and the land restored in accordance with a decommissioning and site restoration scheme approved in writing by the Local Planning Authority. The decommissioning and site restoration scheme shall be submitted to the Local Planning Authority within three months of the continuous six month cessation period coming to an end. The land shall be restored in accordance with the approved scheme within 6 months of the scheme's approval by the Local Planning Authority. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with Policies EN25 and EN10 of the Allerdale Local Plan, Adopted 1999 (Saved).
6. Within 6 months of the completion of the construction works, any temporary working areas around the turbine shall be removed. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with Policies EN25 and EN10 of the Allerdale Local Plan, Adopted 1999 (Saved).
7. Prior to the erection of the first wind turbine, the developer shall provide written confirmation to the Local Planning Authority, NATS en-route plc, and the Ministry of Defence of the proposed date for commencement; the anticipated date of completion of construction, the height above ground level of the highest structure and the position of each turbine in latitude and longitude. Reason: In the interests of air safety.
8. All cabling between the turbines and between the turbines and the substation shall be laid underground. Reason: In the interests of visual amenity.
9. The following background noise levels shall not be exceeded when the wind farm is in operation: a) Night time noise limits (11 p.m. to 7 a.m.) - The LA90 (10 minutes) specific noise level shall not exceed 43dB (A) when assessed and measured 3.5m from the façade of the nearest noise sensitive use, namely "Aikton Arms, Aikton, Wigton, CA7 0JF" (in existence at the date of this permission) or 5dB above the night time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater. b) Day time noise limits (7 a.m. to 11 p.m.) - The LA90 (10 minutes) specific noise level shall not exceed 40dB (A) when assessed and measured 3.5m from the façade of the nearest noise sensitive use, namely "Aikton Arms, Aikton, Wigton, CA7 0JF" (in existence at the date of this permission) or 5dB above the quiet day time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater. Reason: In the interests of residential amenity and in accordance with Policy EN6 of the Allerdale Local Plan Adopted 1999 (Saved).
10. In the event of a complaint being received in writing by the Local Planning Authority alleging noise nuisance at a residential property or properties due to the wind turbine, 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 complainants 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 the noise limits specified in Condition 10 is confirmed 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 10. 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 kilometre[s] from the wind turbine generator. Reason: In the interests of residential amenity and in accordance with Policy EN6 of the Allerdale Local Plan Adopted 1999 (Saved).
11. In the event that a written complaint is received relating to electro-magnetic interference a written scheme shall be submitted to and approved by the Local Planning Authority setting out a protocol for the assessment of electro-magnetic interference, including remedial measures. Operation of the turbines shall take place in accordance with the agreed protocol unless the Local Planning Authority gives its prior written consent to any variation. Reason: In the interests of residential amenity and in accordance with Policy EN6 of the Allerdale Local Plan, Adopted 1999 (Saved).
Notes to None Applicant: