Grange Grassings, Gilcrux, Wigton, Cumbria, Ca7 2Du Application Reference 2/2013/0797
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Mr Richard Fearnall Our Ref: APP/G0908/A/14/2220065 Fine Energy Ltd 212 Zellig Building The Custard Factory 5 July 2016 Birmingham B9 4AU Dear Mr Fearnall TOWN AND COUNTRY PLANNING ACT 1990 – SECTION 78 APPEAL BY FINE ENERGY LTD AT GRANGE GRASSINGS, GILCRUX, WIGTON, CUMBRIA, CA7 2DU APPLICATION REFERENCE 2/2013/0797 1. I am directed by the Secretary of State to say that consideration has been given to the report of the Inspector, Richard Clegg BA(Hons) DMS MRTPI, who made a site visit on 4 March 2015 into your appeal against the decision of Allerdale Borough Council (‘the Council’) to refuse planning permission for a 500 kw wind turbine and associated works at Grange Grassings, Gilcrux, Wigton, Cumbria CA7 2DU in accordance with application reference 2/2013/0797. 2. On 30 September 2015 the appeal was recovered for the Secretary of State's determination in pursuance of section 79 of, and paragraph 3 of Schedule 6 to, the Town and Country Planning Act 1990, because it involves proposals which raise important or novel issues of development control and/or legal difficulties. The Inspector incorrectly notes the date when the appeal was recovered as being 30 September 2013 in IR1. Inspector’s recommendation and summary of the decision 3. The Inspector recommended that the appeal be allowed and planning permission granted subject to conditions. For the reasons given below, the Secretary of State disagrees with the Inspector’s conclusions and recommendation. Therefore, the Secretary of State dismisses the appeal and refuses planning permission. A copy of the Inspector’s report (IR) is enclosed. All references to paragraph numbers, unless otherwise stated, are to that report. Department for Communities and Local Government Tel: 0303 444 2853Email: Philip Barber, Decision Officer [email protected] Planning Casework 3rd Floor Fry Building 2 Marsham Street London SW1P 4DF Policy and Statutory Considerations 4. 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 development plan consists of The Allerdale Local Plan (Part 1) ‘Strategic and Development Management Policies’ which was adopted in July 2014 after the refusal of planning permission. The Secretary of State considers that the development plan policies of most relevance to this appeal are those identified by the Inspector at IR11. 5. Other material considerations which the Secretary of State has taken into account include: the National Planning Policy Framework, March 2012 (‘the Framework’); the National Planning Practice Guidance (‘the guidance’) and the Written Ministerial Statement (‘WMS’) of 18 June 2015 which concerns wind farms. This is the planning policy and guidance referred to by the Inspector in IR13. Like the Inspector (IR12), he has also taken account of the Cumbria Wind Energy Supplementary Planning Document. 6. An environmental statement (‘ES’) accompanied the planning application. The adequacy of the information contained in the ES was not disputed by the Council other than in respect of cumulative noise. A supplementary noise report addressed that concern. The Inspector was therefore satisfied that the requirements of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 have been met (IR5). The Secretary of State has taken the ES and the supplementary noise report into account when considering this proposal. Main Issues 7. The Secretary of State considers that the main issues in this case are those identified by the Inspector at IR21. Character and Appearance 8. The Secretary of State has noted the Inspector’s considerations at IR22, and agrees that the turbine would cause limited harm to the landscape. 9. The Secretary of State has carefully considered the Inspector’s assessment of cumulative impact at IR23-30. However, he does not agree with his conclusion that there is no adverse cumulative impact. He notes (IR24) that the additional turbine would extend the group at Tallentire when viewed from the A596 corridor. As such, while he does not find that the cumulative impact is substantial, he concludes that there is a minor adverse impact, which would conflict with Policy S32 (b). 10. The Secretary of State agrees with the Inspector that the turbine would not appear overbearing or oppressive to Tallentire Farm located 600m away and, given the greater distance of separation to other dwellings in the surrounding area, there would not be an adverse effect on the visual amenity of occupiers (IR28). 11. The Secretary of State agrees with the Inspector that as the proposal would not be entirely compatible with the character of the surrounding area and would impinge to a degree on visual amenity, there would be an element of conflict with local Policy S32(b) (IR30). Other Considerations 12. In common with the Inspector (IR31), the Secretary of State attaches significant weight to the benefits of the proposal. The Secretary of State notes that the turbine would provide electricity to the local network from a renewable source. He also notes that it would provide an income to Grange Grassings Farm and that this diversification would assist in maintaining the viability of the farm. The Secretary of State agrees with the Inspector that these benefits are consistent with the provisions of the NPPF to support a transition to a low carbon future and to promote the development of agriculture, and that this carries significant weight. 13. The Secretary of State notes the Inspector’s comments in IR32 where he states that following the receipt of additional information, the Council is not pursuing an objection in respect of noise. The Secretary of State shares the Inspector’s view that there is no substantive evidence to indicate that noise would harm the living conditions of local residents. Written Ministerial Statement 14. The Secretary of State also takes account of, and gives substantial weight to, the WMS of 18 June 2015. As the appeal proposal predates the WMS and the development plan does not identify suitable sites, the transitional provision within the WMS is applicable. This states that ‘local planning authorities can find the proposal acceptable if, following consultation, they are satisfied it has addressed the planning impacts identified by affected local communities and therefore has their backing’. 15. The Secretary of State notes that affected local communities have raised concerns in relation to character and appearance and several other matters. 16. It is the Secretary of State’s view that the siting of the proposed turbine will result in harm to the landscape and give rise to cumulative impacts when viewed with existing wind turbines in the vicinity. While he finds that these impacts are limited, he concludes that they are such that the planning impacts identified by affected local communities have not been addressed in the circumstances of this case. Accordingly, he considers that the transitional provision within the WMS has not been satisfied, and he gives substantial weight to this conflict. Conclusions 17. The Secretary of State has given very careful consideration to the Inspector’s concluding remarks at IR 34-36. 18. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that proposals be determined in accordance with the development plan unless material considerations indicate otherwise. For the reasons set out in this letter, the Secretary of State concludes that while the appeal proposal would not conflict with policies S19, S32(e) or S33, it would conflict with policy S32(b), and he finds greater conflict than the Inspector, given his conclusions on cumulative impact. The Secretary of State concludes that this conflict, and the conflict with the WMS, would be at odds with the environmental dimension to sustainable development. As the achievement of sustainable development is central to the Local Plan and the Framework, the proposed wind turbine would not accord with the development plan when read as a whole. 19. The Secretary of State has also considered whether there are any material considerations justifying determining the case other than in accordance with the development plan. 20. The Secretary of State accepts that the turbine would make a contribution to the attainment of national and local renewable energy policy objectives and targets. He also notes that the scheme would allow Grange Grassings Farm to diversify which would assist in securing its viability in the future, and he gives significant weight to this. 21. However, the Secretary of State has taken account of paragraph 5-007 of the PPG which states that ‘the need for renewable or low carbon energy does not automatically override environmental protections’. He has therefore weighed the harm arising from cumulative impact and harm to landscape character and appearance against the proposal, affording them moderate weight. He has also weighed this conflict with the provisions of the WMS, to which he affords substantial weight. 22. Overall, the Secretary of State concludes that the balance is against granting planning permission for the wind turbine. He considers that the harm is not outweighed by the benefits of the proposal and the material considerations in this case do not justify determining the appeal other than in accordance with the development plan. 23. Given this, the Secretary of State does not agree with the Inspector’s overall recommendation that the appeal should be allowed. Formal Decision 24. For the reasons given above, the Secretary of State does not allow your appeal and refuses planning permission for a 500 kw wind turbine and associated works at Grange Grassings, Gilcrux, Wigton, Cumbria CA7 2DU in accordance with application reference 2/2013/0797 dated 23 October 2013. Right to challenge the decision 25.