The Planning Inspecto rate Report to the Secretaries of Temple Quay House 2 The Square Temple Quay State for Trade and Industry; Bristol BS1 6PN and for Environment, Food GTN 1371 8000 and Rural Affairs by David M H Rose BA (Hons) MRTPI an Inspector appointed by the Secretary of State for Trade and Date: 3 February 2006 Industry, with the agreement of the Secretary of State for Environment, Food and Rural Affairs Whinash Wind Farm Concurrent Public Inquiries opened on 19 April 2005 ELECTRICITY ACT 1989 (SECTION 36 AND SCHEDULE 8) TOWN AND COUNTRY PLANNING ACT 1990 (SECTION 90) LAW OF PROPERTY ACT 1925 (SECTION 194) INCLOSURE ACT 1845 COMMONS ACT 1876 Applications by Chalmerston Wind Power Limited for:- (i) consent to construct and operate a 67.5MW wind turbine generating station under Section 36 of the Electricity Act 1989; and (ii) consent to construct 24 wind turbines, access tracks, temporary hardstandings, 2 meteorological masts and an electricity substation, on common land, under the provisions of Section 194 of the Law of Property Act 1925 Whinash Wind Farm: Inspector’s Report CONTENTS A: INTRODUCTION Summary of Recommendations page 3 The Applications and the Scope of the Inquiries page 3 The Site and its Surroundings page 6 The Format of the Report page 7 The Policy Framework page 9 B: THE SECTION 36 ELECTRICITY ACT APPLICATION The Case for Chalmerston Wind Power Limited The Policy Framework page 11 The Justification for the Site page 13 Visual/Landscape Impact page 13 The Impact on Recreation, Footpaths and Bridleways page 19 Noise Impact page 20 The Effect on Nature Conservation and Fauna page 21 The Effect on Hydrology, Hydrogeology and Water Supplies page 23 Decommissioning and Long Term Management and Restoration of the Site page 24 Other Matters page 25 The Planning Balance page 26 Planning Conditions page 27 The Case for the Consortium of Local Authorities The Policy Framework page 28 The Justification for the Site page 29 Visual/Landscape Impact page 31 The Planning Balance page 35 Planning Conditions page 37 The Case for the Countryside Agency Introduction page 37 The Policy Framework page 38 Visual/Landscape Impact page 39 The Planning Balance page 47 The Case for the Friends of Bretherdale The Policy Framework page 47 The Justification for the Site page 48 Visual/Landscape Impact page 49 The Impact on Recreation, Footpaths and Bridleways page 53 The Effect on Nature Conservation and Fauna page 54 The Effect on Hydrology, Hydrogeology and Water Supplies page 55 Decommissioning and Long Term Management and Restoration of the Site page 55 The Planning Balance page 55 Planning Conditions page 56 The Case for Friends of Eden, Lakeland and Lunesdale Scenery (FELLS) Introduction page 56 The Policy Framework page 56 The Planning Balance page 60 Planning Conditions page 60 The Case for the No Whinash Windfarm Committee (NWW) Introduction page 60 The Justification for the Site page 60 Visual/Landscape Impact page 61 The Impact on Recreation, Footpaths and Bridleways page 62 The Effect on Nature Conservation and Fauna page 63 1 Whinash Wind Farm: Inspector’s Report The Effect on Hydrology, Hydrogeology and Water Supplies page 63 Other Matters page 63 Planning Conditions page 64 Written Representations on behalf of NWW page 65 The Case for Interested Parties and Persons The Policy Framework page 66 Visual/Landscape Impact page 67 The Impact on Recreation, Footpaths and Bridleways page 68 Noise Impact page 69 The Effect on Nature Conservation and Fauna page 70 The Effect on Hydrology, Hydrogeology and Water Supplies page 70 Other Matters page 71 Planning Conditions page 71 Written Representations page 72 C: THE SECTION 194 APPLICATION The Case for Chalmerston Wind Power Limited page 77 The Case for the Countryside Agency page 79 The Case for the Friends of Bretherdale page 80 The Case for the Open Spaces Society page 81 The Case for the Commoners page 82 D: CONCLUSIONS AND RECOMMENDATIONS Introduction page 83 THE SECTION 36 ELECTRICITY ACT APPLICATION The Policy Framework page 83 The Justification for the Site page 84 Visual/Landscape Impact page 85 The Impact on Recreation, Footpaths and Bridleways page 88 Noise Impact page 88 The Effect on Nature Conservation and Fauna page 89 The Effect on Hydrology, Hydrogeology and Water Supplies page 90 Decommissioning and Long Term Management and Restoration of the Site page 91 The Impact on Commoners page 91 Other Matters page 91 The Planning Balance page 92 Planning Conditions and Planning Obligation page 93 THE SECTION 194 APPLICATION page 94 SUMMARY CONCLUSIONS page 95 RECOMMENDATIONS page 96 E: APPENDICES APPENDIX A – Appearances at the Inquiries page 97 APPENDIX B – Documents List page 102 APPENDIX C – Summary of Planning Obligation page 123 APPENDIX D – Draft Planning Conditions page 124 2 Whinash Wind Farm: Inspector’s Report A: INTRODUCTION Summary of Recommendations:- I recommend that consent be refused for both applications. The Applications and the Scope of the Inquiries 1.1 The concurrent Inquiries into the proposed Whinash Wind Farm considered:- o an application by Chalmerston Wind Power Limited, dated 29 September 2003, to the Secretary of State for Trade and Industry for consent under Section 36 of the Electricity Act 1989 for the construction and operation of a 67.5MW wind turbine generating station at Whinash, Bretherdale and Roundthwaite Commons, Borrowdale, near Tebay: and a direction under Section 90(2) of the Town and Country Planning Act 1990 that planning permission for such development be deemed to be granted (the Section 36 application) [File ref: GDBC/001/00135C];1 o an application by Chalmerston Wind Power Limited, dated 12 March 2004, to the Secretary of State for Environment, Food and Rural Affairs for consent to construct 24 wind turbines, access tracks, temporary hardstandings, 2 meteorological masts and an electricity substation, all on common land, under the provisions of Section 194 of the Law of Property Act 1925 at Roundthwaite and Bretherdale Commons in the Parish of Tebay, District of Eden and County of Cumbria (the Section 194 application) [File ref; CLI 96]. 1.2 I opened the Inquiries on 19 April 2005 at the Shap Wells Hotel, Cumbria and closed them on 17 June 2005, having sat on 27 days. I also sat on the evening of 18 May 2005 to hear representations on the Section 194 application. Accompanied site visits were made on 9 May, 16 June (which was abandoned due to adverse weather), 20 and 21 June and 17 August 2005. Unaccompanied site visits after the close of the Inquiry, including visits to wind farms at Cairn Uish and Cefn Croes, were carried out over another 6 days. I walked extensively within the site, its immediate surroundings and I visited most of the principal viewpoints referred to in the evidence, with omissions being on the basis that I had already seen representative views. I held pre-Inquiry meetings on 30 November 2004 and 31 January 2005.2 1.3 The Section 36 application proposes:- o the erection of 27 wind turbine generators, each between 2.5 - 3.0MW, with a hub height of 70 metres and a turbine radius of 45 metres, giving an overall height to blade tip of 115 metres; o the construction of approximately 16.7 kilometres of new access tracks and hardstandings; and the erection of 2 x 70 metre meteorological masts; o the installation of underground 33kV electrical cabling circuits and associated underground cable route construction works; (including underground cabling between the substation and existing overhead 132kV line which lies 100 metres to the west of the A6; o the construction of a 33kV/132kV substation and associated works (including switch room and transformer); o ancillary development including temporary construction compound and hardstanding areas. 1 CD2 Letter of application dated 29 September 2003 2 General Inquiry Documents X1 & X3 3 Whinash Wind Farm: Inspector’s Report 1.4 The majority of the application site, on which the proposed turbines and substation would be constructed, lies within Eden district adjacent to, but outside, the Lake District National Park. An underground cable would connect the development to an existing pylon and overhead line within the National Park. It is intended that the wind farm would operate for a maximum of 25 years. 1.5 The application was accompanied by an Environmental Statement. Later Supplementary Environmental Information was provided on a voluntary basis for the purposes of reviewing and updating the information. 1.6 The application was accompanied by a site location plan and a site layout plan (Figures 1 and 3 in the Environmental Statement). The site layout is now Figure 27 of the Supplementary Environmental Information; and Figure 28 of the same document shows details of the meteorological masts. A typical turbine and typical substation are shown in Figures 4 and 7 of the Environmental Statement. 3 The application attracted a large number of representations to the Department of Trade and Industry. 1.7 A Planning Obligation by Unilateral Undertaking, given by the Applicant and the owners of the site to Eden District Council, is dated 23 June 2005.4 Its main provisions are summarised in Appendix C attached to this report. A Deed of Covenant, dated 24 March 2005, commits the Applicant to establishing a charitable trust (The Whinash Wind Farm Community Trust) which will be funded by income generated by the sale of electricity from the site to a maximum of £67,500/year (subject to the application of the Retail Price Index).5 1.8 The Section 194 application proposes works on 3 separately registered areas of common land namely:- o Common Land Unit CL108 – Bretherdale Bank (extending to 203.75 hectares); o Common Land Unit CL100 – Bretherdale Common (extending to 202.59 hectares); o Common Land Unit CL41 – Roundthwaite Common (extending to 382.83 hectares).6 1.9 Three of the proposed turbines (5, 6 and 7) lie outside the above common land units which are the subject of registrations under the Commons Registrations Act 1965.