Appeal Decisions, but Each of These Involved Housing Or a Mixed Use Development (LPA 1, 2.5)
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Ms Kee Evans Our Ref: APP/J0405/A/13/2205701 Eversheds Llp, Your Ref: 203912.000003 1 Callaghan Square Cardiff CF10 5BT 22 December 2015 Dear Madam, TOWN AND COUNTRY PLANNING ACT 1990 – SECTION 78 APPEAL BY FORCE 9 ENERGY LLP AND EDF ER AT LAND TO THE SOUTH OF DORCAS LANE, SOUTH-WEST OF STOKE HAMMOND AND NORTH-WEST OF SOULBURY APPLICATION REF: 11/02798/APP DATED 21 DECEMBER 2011 1. I am directed by the Secretary of State to say that consideration has been given to the report of the Inspector, Jessica Graham BA(Hons) PgDipL, who held a public local inquiry on 24, 25, 26 and 27 June, and 1, 2, 3 and 4 July into your client's appeal against a decision of Aylesbury Vale District Council (the Council) to refuse planning permission for the installation of four turbines up to a maximum of 125m in height, an anemometer mast, sub-station building, access tracks, electricity connections, transformer kiosks and temporary construction compound and storage area in accordance with application 11/02798/APP, dated 21 December 2011, which was refused by notice dated 20 March 2013. 2. On 10 April 2014 the appeal was recovered for the Secretary of State's determination in pursuance of section 79 of, and paragraph 3 to Schedule 6 to, the Town and Country Planning Act 1990 because the appeal involves a renewable energy development. Inspector’s recommendation and summary of the decision 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 agrees with his recommendation. A copy of the Inspector’s report (IR) is enclosed. All references to paragraph numbers, unless otherwise stated, are to that report. Procedural Matters 4. In reaching this position the Secretary of State has taken into account the Environmental Statement (ES), and the Supplementary Environmental Information (SEI), (IR3.1-3.3). Planning Casework Division Tel: 0303 444 1826 Department for Communities and Local Government Email: [email protected] SE Quarter, 3rd Floor, Fry Building 2 Marsham Street London SW1P 4DF Overall the Secretary of State is satisfied that the ES and SEI comply with the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 2011 and that sufficient information has been provided for him to assess the environmental impact of the appeal. Policy considerations 5. In deciding the 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. 6. In this case, the development plan comprises the saved policies of the Aylesbury Vale District Local Plan (AVDLP) 2004 (IR4.1). The Secretary of State agrees that the development plan policies most relevant to this case are those identified by the Inspector at IR4.2-4.3. 7. The Secretary of State has had regard to the Inspector’s assessment of the new Local Plan which is currently estimated for adoption in 2017; as this process is at an early stage he gives these emerging polices very limited weight (IR4.4). 8. Other material considerations which the Secretary of State has taken into account include the National Planning Policy Framework (the Framework); the Planning Practice Guidance (the Guidance); the National Policy Statements: the Overarching National Policy Statement for Energy (EN-1); and the National Policy Statement for Renewable Energy Infrastructure (EN-3), the UK Renewable Energy Roadmap Update 2013 and the Written Ministerial Statements on local planning and renewable energy developments of October 2013 and April 2014. 9. In accordance with section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the LB Act), the Secretary of State has paid special regard to the desirability of preserving those listed structures potentially affected by the proposals before him or their settings or any features of special architectural or historic interest which they may possess. Main issues 10. The Secretary of State considers that the main issues in this case are those outlined by the Inspector at IR1.6. The effect on the character and appearance of the area 11. The Secretary of State agrees with the Inspector’s assessment of the usefulness of evidence and witnesses before her at IR12.3-12.5 and follows her methodology of assessment of the evidence, which adopted the approach used by the three landscape witnesses at the inquiry, as identified at IR12.6, by looking at Landscape impact first, followed by visual impact and then heritage assets. 12. The Secretary of State agrees with the Inspector’s definition of Landscape impacts at IR12.7 and her assessment of the landscape context at IR12.8-12.11. The Secretary of State also agrees with the Inspector’s assessment of the Landscape Visual Impact Assessment and the balance of views on the extent of landscape impact, as laid out at 2 IR12.12-12.16, as well as her reiteration of the concentration on the landscape rather than visual impact in this assessment (IR12.17). 13. The Secretary of State agrees with the Inspector’s analysis of Landscape Impacts at IR12.7-12.27 and agrees with her summary at IR12.28 that the proposal would harm the character and appearance of the landscape, but that there are mitigating factors which combine to reduce the overall degree of harm. 14. For the reasons given at IR12.29-12.45 the Secretary of State agrees with the Inspector’s conclusions on visual impact, at IR12.46, that the proposal would have harmful visual impacts at locations up to 5km from the appeal site, but that some mitigating factors would reduce the overall harm. Furthermore regarding the cumulative impact, both on landscape and visual impacts, the Secretary of State agrees with the Inspector’s assessments of various cumulative impacts at IR12.47-12.51. Cultural heritage 15. Turning to the effect of the proposal on cultural heritage, the Secretary of State has had regard to the Inspector’s clear and balanced assessment of the main assets affected in turn at IR12.52-12.83. Following her conclusion at IR12.84 the Secretary of State agrees with the Inspector that the harm that the proposal would cause to the significance of designated heritage assets would be less than substantial. In line with the Inspector’s comments at IR12.85 the Secretary of State has regard to the length of time for which consent is sought and the effect of this on the assessment of acceptability. 16. The Secretary of State agrees with the Inspector’s conclusions on the effects of the proposal on the character and appearance of the area at IR12.86-12.91 that the proposal would contravene policies GP.35 and GP.53 of the AVDLP. Living conditions 17. The Secretary of State has regard to the Inspector’s assessment of the visual impact the proposal would have on specific residential properties. He endorses her précis of the relationship between the development harm and the public interest at IR12.92 as well as the application of the “Lavender Test” as defined at IR12.93-12.94. The Secretary of State notes the Inspector’s rationale for the particular residential properties to be assessed in more detail at IR12.95-12.96 and agrees with her approach to assessing the potential harm and applying the test at IR12.97. In line with this approach, and along with supporting visual evidence, the Secretary of State has given consideration to the Inspector’s findings on harm to living conditions at IR12.98-12.125 and also agrees with her conclusions at IR12.126-12.128, noting in particular that one property would, as a result of the proposed development, become an unsatisfactory place to live (IR12.126). Additional Issues 18. The Secretary of State agrees with the inspector’s detailed assessment relating to aviation issues at IR12.129-12.148 and with her conclusion at IR12.148 that the proposed development would not pose such a danger as to weigh heavily against granting permission. 3 19. The Secretary of State notes the benefits of the proposal as identified at IR12.149- 12.155, notably that the proposed wind farm has the potential to deliver between 20,400 and 23,240 MWh of energy per year, with the potential to supply energy to between 4,650 and 5,250 homes, providing CO savings of up to 89,200 tonnes over the 25 year lifetime of the wind farm (IR12.154). These renewable energy benefits weigh significantly in favour of the proposal. 20. Further to the Inspector’s reporting at IR12.151-12.153 on opinions and commentary regarding renewable energy, particularly wind farms, the Secretary of State endorses that these opinions, or others made public since the close of the Inquiry, do not represent policy so are not issues to consider in the decision making process. The extent of weight to be given to the material and relevant considerations in the case are a matter for the decision maker, being the Secretary of State in this case, to decide (12.161). 21. The Secretary of State notes the Inspector’s views on the weight of public opinion in this case at IR12.156-12.161, and on other matters raised at IR12.162-12.166 and finds no reason to disagree with her conclusions. The planning balance 22. The Secretary of State agrees with the Inspector at IR12.166 that, in the absence of any renewable energy policy in the AVDLP, permission for the Dorcas Lane wind farm should be granted unless any adverse impacts would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole, in line with the presumption in favour of sustainable development in paragraph 14 of the framework.