EEC/08/14/HQ Development Control Committee 23 January 2008

Planning/Highway Consultation Mid District: Proposed Installation of 4 Wind Turbine Generators (110m Tip Height) with Associated Crane Pads, Access Tracks, Anemometer Mast, Electrical Control Building and Associated Infrastructure, Land at Bickham Moor, Oakford Application No: 07/02262/MFUL Date Consultation received by County Council - 5 December 2007

Report of the Director of Environment, Economy and Culture

Please note that the foll owing recommendations are subject to consideration and determination by the Committee before taking effect.

Recommendation: It is recommended that Mid Devon District Council be advised that : (a) as the Strategic Planning Authority, recognising the possible renewable energy and economic benefits of the proposed development, (not withstanding the location of the application site outside of the Area of Search for Strategic Wind Farm based energy production as identified in the Devon Structure Plan), considers that the impact of the development on the local Landscape Character Zones and the adjoining Exmoor National Park is not such that it outweighs the benefits and raises no strategic planning objection to the proposed development subject to the requirements referred to in (c) below; (b) as the Local Highway Authority indicates that at present insufficient information has been submitted in respect of the vertical and horizontal alignment of the minor road leading to the site and the layout and configuration of the major junctions in respect of their ability to accommodate large loads (approx 50m in length). If this information is supplied and it is confirmed that appropriate highway works can be secured to enable the abnormal loads to reach the site then subject to the imposition of appropriate conditions to secure temporary off-site works required for the management of construction traffic as the first phase of the development there would be no highway objection in the proposed development. An agreement under Section 278 of the Highways Act 1980 with the Local Highway Authority, subsequent to the grant of planning consent, would ensure the appropriate design, specification, construction and drainage of the engineering works; and (c) should the District Council be minded, to grant planning permission, this should only be subject to the prior completion of a Section 106/278 agreement and the imposition of planning conditions to secure these matters summarised in Appendix III to this Committee report.

1. Summary

1.1 This report relates to a proposal for 4 wind turbines, each typically up to 3 Megawatts (MW) in capacity, ancillary equipment and on site infrastructure for a period of 25 years for the purposes of generating electricity through wind power. The proposed development is located at Bickham Moor, Oakford. The County Council has been consulted as both Strategic Planning Authority and Local Highway Authority.

2. The Proposal/Background

2.1 The application site is situated in the Mid Devon District approximately 12 km north west of Tiverton, 12km east of , 4km south east of , and 1.2 km south east of . Nearby in the District other wind farm proposals have also been submitted. These include proposals for 2 turbines at Cross Moor (which were considered by the Committee on 14 March 2007 - (Report EEC/07/73/HQ refers); 9 turbines at Three Moors some 5 km to the North West of Bickham Moor (which is the subject of a separate report to this Committee) and; 9 turbines at Batsworthy Cross some 5 km to the West which was considered by the Committee on 14 February 2007 - (Report EEC/07/38/HQ refers). These have still not been determined by North Devon District Council.

2.2 The wind turbine design detailed in the Environmental Statement (ES) comprises a three bladed rotor, nacelle and tower with a maximum tip height of 110 metres above ground level. A 60 metre fixed lattice anemometry mast to monitor the existing wind speeds and to optimise the future performance of Bickham Moor Wind Farm wind turbines is currently on site. In addition, site access tracks will be required from the Kirton Lane to access the wind turbines which themselves will require permanent crane pads, along with a small on-site substation and temporary construction compound. As the generating capacity of this scheme does not exceed the threshold of 50 MW, in accordance with the provisions of Section 36 of the Electricity Act 1989, the application falls to be determined by Mid Devon District Council as the Local Planning Authority.

2.3 At the time of writing this report, planning permissions for the erection of wind farms have been obtained on four sites in Devon:

(a) A cluster of 3 x 1 MW wind turbines at Cross, , (75 metres high to the tip of the blade). Planning permission was granted on appeal in August 2003 and the development is now operational.

(b) A cluster of 3 x 1.2 MW wind turbines at Higher Darracott, , (81 metres high to the tip of the blade). This application was granted planning permission on appeal in May 2004 but has not yet been built.

(c) A cluster of 9 x 2.5 MW wind turbines (120m to tip of blade) at Denbrook, near . This application was granted planning permission by the Planning Inspectorate on appeal in February 2007 but has not yet been built.

(d) A group of 22 x 3 MW wind turbines (110m to tip of blade) at Fullabrook near near . This application was granted planning permission by the Secretary of State in November 2007 under the Section 36 procedures of the Electricity Act 1989. It has not yet been built.

2.4 A fuller summary of the status of grid connected renewable energy projects in Devon both existing and proposed is set out in Appendix I to this report.

2.5 The Committee will recall considering its response to the application for 9 wind turbines at Batsworthy Cross some 4 km west of the current application site at its meeting in February 2007 and resolving conditionally not to raise any objection to this proposal (Minute *135 refers). Nine Members of the Committee, who conducted the Site Visit to the Batsworthy proposal on 14 February 2007 also took the opportunity to view the location of the Bickham Moor and the Cross Moor proposals, and were able to observe the possible cumulative effect of the developments.

2.6 At the meeting in March 2007, members will recall resolving to object to the proposed 2 turbines at Cross Moor, on the basis that the benefits of the development were outweighed by the impact of a development of this scale on the local Landscape Character Zones and the adjoining Exmoor National Park and that as such would conflict with the provisions of Devon Structure Plan Policies CO1, and CO2; (Report EEC/07/73/HQ and Minute* 142(b) refers).

2.7 The current Bickham Moor application is accompanied by an Environmental Statement under the requirements of the EIA Regulations. This addresses amongst other issues, Geology, Ecology, Landscape, Noise, Archaeology and Cultural Heritage.

3. Consultations

3.1 As the determining Local Planning Authority, Mid Devon District Council has carried out the statutory consultations on this application (the County Council being one of these consultations). The County Council, has however been made aware of the consultation responses received from the following organisations.

3.2 Exmoor National Park Authority - objects to the proposal because of its adverse impact on the landscape, the setting and the special quality of the National Park, and it is contrary to the statutory National Park proposals; and intrusion into views of the National Park and concern at possible cumulative impact with other proposed wind farms nearby.

3.3 Council for National Parks - objects to the proposal for the same reason as the ENPA.

3.4 Two Moors Way Action Group - Objects to the proposal.

3.5 Exmoor Society - Objects to the proposal on the basis of the negative landscape impact/proximity to the Exmoor National Park.

3.6 Campaign to Protect Rural (Devon) - has commissioned landscape consultants to review the Environmental Statement who conclude that this does not meet the required level of accuracy in order to make an informed decision. Objects for the following reasons:

• The proposed development would have an adverse impact on the landscape, setting and special qualities of Exmoor National Park.

• The proposal would be intrusive in views towards the National Park from the south, particularly from the A361 and the Two Moors Way long distance route.

• The proposal would have an unacceptable visual impact upon surrounding villages and individual properties.

• The proposal would conflict with many development plan policies, in particular Structure Plan policies CO1, CO2 and CO12.

3.7 Mid Devon Group of the CPRE - additionally objects to the planning application for the following reasons:

• Such structures by their very nature are large industrial intrusions in the countryside and landscape.

• The effect of these applications as well as two other applications in North Devon, Batsworthy Cross and Cross Moor, would create a gross cumulative visual impact compromising the Exmoor National Park and its environs, especially Common which has extensive views over these areas.

• There would be detrimental effects upon the lifestyles and incomes of local inhabitants and because of the threat to tourism, impact upon the revenues of both Mid Devon and North Devon as a whole. The tourism industry is extremely important to both areas.

• The turbines with their moving blades and any noise emitted would destroy the peace and tranquillity of the countryside in a unique unspoilt area of Devon, while delivering no positive benefits. Bickham Moor application is very near to an SSSI which is important for wildlife and migrating birds so this would be detrimentally affected by the turbine applications.

• There could be serious implications to the heath of local people through increased noise, both high and low frequencies, especially through the use of high power lines and pylons straddling the countryside, which are in themselves, an unsightly intrusion in the countryside.

3.8 Open Spaces Society - objects because of the close proximity to the Exmoor National Park and the Two Moors Way long distance footpath; and the cumulative effect when considered with other nearby wind turbine proposals.

4. Advertisement/Representations

4.1 The application has been statutorily advertised and subject to some pre-application publicity by the applicants in the locality. All representations are normally invited to be submitted to the Mid Devon District Council as the determining Local Planning Authority. However, the County Council has been directly in receipt of a number of individual representations.

4.2 At the time of writing this report a total of 21 letters of objection have been received. The letters of objection asking the County Council to object to this application raise the following principal concerns.

• negative landscape impact/proximity to the Exmoor National Park; • severe impact on tourism and on the local and regional economy; • negative impact on residential and agricultural holdings value; • detrimental effect of noise/shadow flicker; • detrimental to wildlife interests - birds, bats, butterflies, moths etc; • possible adverse effect on watercourses; • outside the Devon Structure Plan "Area of Search" for strategic wind farm provision; • interference to television signals; • impact on setting of historic buildings; • highway safety concerns, including ice throw; and • Inefficient technology in tackling greenhouse gas emissions.

Copies of all these letters of representation, together with any further letters subsequently received, will be displayed and made available for Members' inspection at the Committee.

5. Planning Policy Considerations

5.1 In considering this application the County Council as the Strategic Planning Authority is required to have regard to the provisions of the Development Plan insofar as they are material to the application, and to any other material considerations. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that where regard is to be had to the Development Plan, the determination shall be in accordance with the Development Plan unless material considerations indicate otherwise. In this case the relevant Development Plan policies are summarised in Appendix II to this Report, and the most relevant are referred to in more detail in Section 6 (Comments/Issues).

6. Comments/Issues

6.1 The consideration of the County Council's response as the County Planning Authority, to the consultation on the proposed development involves weighing up a number of issues and impacts. These are examined in more detail below:

Contribution to Renewable Energy Targets

6.2 Policy RE6 of the Regional Planning Guidance for the South West (RPG 10) sets a regional target of, a minimum of 11-15% of electricity production to be from renewable sources by 2010 and states that local authorities, energy suppliers and other agencies should support and encourage the region to meet this target.

6.3 The REvision 2010 report (July 2004), prepared by Regen SW for the GOSW, identifies sub regional targets for the development of renewable electricity by 2010 within the South West region. These targets are based on an assessment of resource capacity and take into account environmental constraints, such as landscape sensitivity.

6.4 This sub regional target has been incorporated into Policy CO12 of the Devon Structure Plan (adopted October 2004), relating to renewable energy developments.

Policy CO12 states:

“Provision should be made for renewable energy developments, including offshore developments in the context of Devon s sub regional target of 151 MW of electricity production from land-based renewable sources by 2010 subject to the consideration of their impact upon the qualities and special features of the landscape and upon those living and working nearby.

In providing for strategic wind based energy production in the period to 2016, priority should be given to locations within the Area of Search identified on the Key Diagram”.

6.5 The 151MW sub-regional target for 2010 is further reiterated in the emerging Regional Spatial Strategy for the South West with recognition that on shore wind schemes will be required to achieve the majority of this target. REvision 2020 (June 2005) took forward the target beyond 2010 and indicated that in line with government policy indicates that at least 20% of installed generating capacity (850MWe) should be provided from renewable resources in the South West by 2020. This builds upon the 611MWe target in REvision 2010. This target is now also reflected in the Draft Regional Spatial Strategy for the South West (2006-2026) in policies RE1 and RE4.

6.6 A total of about 114 MW of renewable energy capacity is installed or permitted at present in Devon, representing approximately 76% of the 151 MW Structure Plan target. (This is set out in more detail in Appendix I to this report). It is noted that in the appeal decisions at Denbrook, Stowford Cross, Higher Darracott and Fullabrook near Braunton the Inspectors gave weight to the contribution of the developments to meeting regional and sub-regional renewable energy targets.

6.7 The Energy White Paper (May 2007) ‘Meeting the Energy Challenge’ and the supplement to Planning Policy Statement 1 ‘Planning and Climate Change’ (December 2007) significantly strengthen the requirement for planners to recognise the national need for renewable technologies, and indicate that Local Authority decision makers should not question the national need for renewables, or question the need for a particular project to be sited in a particular location.

The potential contribution from the proposed development

6.8 The application site falls just outside of the Area of Search for strategic wind based energy production, defined on the Key Diagram of the adopted Devon Structure Plan. Whilst the proposal for 12MW of generating capacity may not be considered to be a strategic scale development it would nevertheless make a meaningful contribution to the sub regional target stated in DSP Policy C012 .

6.9 The existing technology to harness onshore wind is already technically and financially viable, and it is viewed that this currently provides the greatest scope for delivering the sub regional target by 2010. As wind turbines can be decommissioned effectively, they can be used as a stop gap until more environmentally benign technologies are available in the medium and longer term. The applicant has stated that the lifetime of the development would be 25 years. Should planning permission be granted, it is recommended that it is a temporary permission for 25 years, which would mean that the impacts of the wind farm would be of a limited term rather than permanent. If granting planning permission, contingency for prior cessation and removal/restoration should be secured by a financial guarantee through a Section 106 Agreement.

Alternatives to the Development

6.10 In terms of land based wind energy, the alternative to the current proposal would be for: • strategic wind farms (over 15 MW) in other locations in Devon; and/or • a larger number of smaller wind farms (under 15 MW) in other locations in the County.

6.11 There are limited locations within the County where a strategic wind farm can be accommodated on technical and environmental grounds. There may be suitable alternative sites for a strategic development within the DSP Area of Search. There may be a number of other locations suitable for medium or small scale clusters of wind turbines elsewhere in Devon. Each would have a different landscape impact to the current proposal.

6.12 The target for renewable energy generation could also be met through technologies other than wind energy. Following the recent withdrawal of the appeal in relation to the Biomass Generator at there are no other grid connected biomass proposals are currently within the planning system. A 3MW energy from waste facility has recently been permitted in Exeter as well as a number of small scale hydro schemes around the County.

6.13 It is viewed that if the county target of 151 MW by 2010 is to be achieved, a combination of developments from across the various technologies will need to be implemented.

Landscape

6.14 The framework for a response to such a proposal is provided by Devon Structure Plan (DSP) policy. Renewable energy is dealt with by Policy C012, which contains a proviso that consideration of the impact of any such proposal upon the qualities and special features of the landscape must be undertaken. These impacts may be conveniently judged against the relevant landscape policies in the DSP, in this case Policies CO1, CO2 and CO4.

6.15 Policy CO1 is the landscape policy, concerned with maintaining the qualities and features of Devon's distinctive landscapes. This requires that the qualities and features relevant to the County's 32 Landscape Character Zones (LCZ), as identified by DSP Map 5, be sustained and enhanced and that proposals should be informed by and be sympathetic to the relevant landscape character and quality.

6.16 The proposal site lies on the eastern edge of the Witheridge- Moor LCZ but impacts on it are still highly relevant and policy still relates to it.. This Zone is described as a high, undulating series of ridges with extensive views north and south and which includes distinctive tree groups. Much of the Zone is unaffected by development, but the crossing of the Zone by the A361 North Devon Link has made a noticeable, if limited, impact on the integrity of the Zone's landscape. Outside the immediate area of the A361 the Zone is described as, in landscape character terms, exhibiting a face of Devon's past. Concerns are thus raised in the description that further incursions should not be made into the landscape and character of the Zone so that what does remain can be retained.

6.17 The site of the proposed development occupies pasture land on a ridge trending broadly east-west. In this instance, the ridge generally forms the watershed between, to the south, the system of tributaries which flow into the Exe and, in the north, the system of the River Yeo valley. To the north, beyond the Yeo Valley, rises the east- west ridge which forms the southern edge of Exmoor National Park. This is a landscape of medium-sized fields separated by well-marked hedges, rising to unimproved moorland on the ridge top. Cutting into this ridge are some distinct north-south valleys. These are well-wooded, which accentuates their distinctive appearance. To the south of Bickham Moor is a series of ridges dividing various tributaries of the Exe while to the west the higher land continues into the open areas of Rackenford Moor, Hares Down and Knowstone Moor.

6.18 The proposal is for the erection of four turbines, maximum blade height 110m. Given the foregoing description of the appearance and character of the site the conclusion may be drawn that the proposal will significantly impact on the current appearance and character of the relevant LCZ.

6.19 The nature of the topography is such that there are a number of locations within the LCZ, including some quite close ones, from which the proposal will not be visible. However, there are wide areas from which it will be prominent in the landscape, having a substantial impact on the LCZ's character and appearance, including areas to the east and west (various locations along the B3227, Owlaborough Moor, the road between Wadham Cross and Great Wadham, Kerscott), and the south Hare's Down and Roachill still particularly relevant, also Knowstone Moor. The impact on the LCZ landscape is probably less pronounced than that of Cross Moor and Three Moors but exists nevertheless and is adverse.

6.20 In addition, it may be possible for a proposal to have an adverse impact on a neighbouring LCZ. In this case, the proposal site is only approximately 2.5km south of the LCZ boundary of the Exmoor Fringe, which here comprises the east-west valley of the River Yeo and its steep sides, often marked by woodland. On the north the valley side is cut by deep, wooded and steep valleys cut north-south into the flank. This area is designated as AGLV and, as well as its aesthetic attractions is also notable for a quiet and remote character. While the topography means that views of the proposal are not possible from the valley floor or, generally, the southern side, from the northern side the proposal will be seen over the southern lip of the valley.

6.21 North of the Exmoor Fringe LCZ, and beginning just below the lip of the northern flank of the valley, is the Exmoor Upland LCZ. Details of the impact are set out in the discussion on the impact on the Exmoor National Park (see below).

6.22 In the light of the impact of development which does not enhance or sustain the character and features of three of Devon County Council's LCZs (Witheridge - Rackenford Moor, Exmoor Fringe, Exmoor Upland) and which, indeed, could be said to have an adverse impact on their respective characters. The proposed development also impacts on two further LCZs, that of the Exe Valley and Environs and Bampton and Beer Downs. Impacts in both instances are piecemeal and, in the latter case especially, quite distant and probably not significant.

6.23 In terms of DSP Policy CO2, the boundary of Exmoor National Park is approximately 6.5 km north of the proposal site and there is inter-visibility between the site and the southern rim of the National Park.

6.24 Policy CO2 requires that particular care be taken that no development be permitted outside the National Park which would damage its natural beauty, character and special qualities. It is considered that the introduction of these 4 turbines would, however, not have an adverse impact on the character and special qualities of the National Park given the distance from the Park boundary and therefore the proposed development does not conflict with the provisions of DSP Policy CO2.

6.25 DSP Policy CO4 requires that development in a designated Area of Great Landscape Value should be limited in its visual impact, such areas having the conservation and enhancement of their landscape as the primary objective. An AGLV covers the Yeo Valley, some 2 km north and the Exe Valley to the South East of the proposed site. However, as Policy CO4 refers only to development within AGLVs, then even if there were an adverse impact on parts of the AGLV, the particulars of this policy would not apply. Two Moors Way

6.26 The Two Moors Way is Devon's major north-south cross-County walking route. Structure Plan Policy TO6 seeks to protect such routes, but only so far as their physical integrity is concerned. Also Objective ED5 of the County Council's approved Landscape Role and Action Programme (RAP) aims to use the strategic Long- Distance Footpath network (including the Two Moors Way) as a basis of prioritising landscape action.

6.27 The development will be visible from a number of stretches of the Two Moors Way but impact will be limited by the sequential nature of these views and the distance from the footpath (2.5 km at its nearest point).

Cumulative Effects

6.28 The application site is approximately 3.5km northeast of another current proposal for 9 turbines at Batsworthy Cross (considered by the Committee at its meetings on 24 January and 14 February 2007). The two sites are inter-visible, and both are also visible from many of the locations considered regarding this proposal. There is thus a cumulative effect, both on visibility but also on character impacts.

6.29 The application site is also about 3-4 km south east of the current wind farm proposal at Cross Moor and Three Moors. This proposal would also clearly have a cumulative effect in conjunction with the Cross Moor and Three Moors proposals as well as that at Batsworthy. These would all result in cumulative impacts in the Witheridge- Rackenford Moor LCZ as well as the Exmoor Fringe and Exmoor Upland LCZs. These cumulative effects would also impact on the National Park, of both its setting, and its amenity and integral character, as experienced on the NPs east-west ridge along , West Anstey and Commons.

6.30 In making provision for renewable energy facilities, particularly wind based ones; the Structure Plan Explanatory Memorandum gives the following guidance:

"Landscape impact is especially important when assessing the potential for the development of wind turbines and wind farms. It is recognised that, while individual wind turbines may be assimilated into the landscape subject to the consideration of local planning issues, larger schemes may, by their nature, be potentially harmful, particularly, to the most valued and vulnerable landscapes."

It also further advises:

"Assessments of wind based energy potential based on estimates of average wind speed in excess of 6m/sec (measured at 45 metres high) and having regard to landscape policy areas assessments of wind based energy potential, indicate that a significant part of Devon's potential wind energy resource lies outside of its designated landscape policy areas. In considering provision for new wind farm development in the period to 2016, priority should therefore be given to the assessment of locations outside of the Landscape Policy Areas identified within the Plan (National Parks, AONBs, AGLVs and CPAs). In this context, Policy CO12 refers to an Area of Search for Wind based Energy Production, and this is shown on the Key Diagram. This Area includes the central part of Torridge District (extending into adjacent parts of West Devon and North Devon) and the central/south eastern part of North Devon District (extending into Mid Devon), with a separate, more limited, area to the south of within North Devon District. Within this broad Area of Search there may be a number of locations with a viable level of wind energy resource, capable of delivering a strategic scale of renewable energy generation, but District Councils will need to consider any specific sites or proposals in the context of more detailed assessments, including assessments of landscape impact. In doing so, District Councils will need to take account of recent related planning decisions within their area, and have regard to any existing local landscape assessments or studies, such as those that may have been undertaken in the context of Policy CO1 (relating to Landscape Character). Proposals should not conflict with Policy CO2 (relating to National Parks) and Policy CO3 (relating to AONBs) in terms of their potential impact on the designated areas".

6.31 The application site is not covered by any statutory national landscape designations, but as previously identified, lies just to the East of the Area of Search for wind based energy production, the exact boundary having not been defined in more detail through either the adopted Mid Devon North Devon Local Plans.

6.32 PPS22 (Renewable Energy) which was issued by the Government in August 2004, states that the potential impact on nationally designated areas of renewable energy projects close to their boundaries will be a material consideration, to be taken into account in determining planning applications. It also states, however, that local landscape designations should not be used to refuse planning permission for renewable energy developments.

6.33 This is further emphasised in the Draft Consultation on the supplement to PPS1 relating to Planning and Climate Change (December 2006). This indicates that Policies which set stringent requirements for minimising the impact on landscapes should be avoided if they effectively prevent certain types of renewable energy.

6.34 Alongside this, PPS7: (Sustainable Development in Rural Areas), states that local planning authorities should, "provide for the sensitive exploitation of renewable energy sources in accordance with the policies set out in PPS22", while continuing, "to ensure that the quality and character of the wider countryside is protected and, where possible, enhanced."

6.35 The Devon Structure Plan contains a number of landscape policies of particular relevance. Policy CO1 states that, "the distinctive qualities and features of Devon's Landscape Character Zones should be sustained and enhanced. Policy CO2 requires particular care to be taken to ensure that development outside National Parks does not damage their natural beauty. It is concluded from the commentary that this development on its own does not break these two policies.

Highway and Transportation Considerations

6.36 The primary highway consideration is the means of access to the application site for construction traffic, in particular long loads, the provision for on-going maintenance vehicles and visitors when the wind farm is in operation, and ultimately traffic associated with the decommissioning of the site.

6.37 The applicants have identified one potential route to the site for the transportation of turbine components by road via the M5 Motorway to Junction 27, then along the A361 (North Devon Link road) to Two Gates Cross and then along Kirkham Lane to the site.

6.38 At present insufficient information has been submitted in respect of the vertical and horizontal alignment of the minor road leading to the site and the layout and configuration of the major junctions in respect of their ability to accommodate large loads (approx 50m in length) . If this information is supplied and it is confirmed that appropriate highway works can be secured to enable the abnormal loads to reach the site then appropriate conditions could be applied if planning consent is given which would secure temporary off-site works required for the management of construction traffic as the first phase of the development. An agreement under Section 278 of the Highways Act 1980 with the Local Highway Authority, subsequent to the grant of planning consent, would ensure the appropriate design, specification, construction and drainage of the engineering works.

6.39 Appropriate traffic management during the construction and decommissioning phases could be secured under a Section 106 Agreement, or a Grampian style planning condition.

Once construction operations are complete, the traffic attracted to the site is anticipated to be minimal, comprising on-going maintenance vehicles and visitors to the site. The application does not make provision for a visitor centre or visitor parking. The longer term impact on the highway network is viewed to be acceptable.

6.40 Subject to the imposition of conditions and completion of Section 278 and 106 Agreements to secure the necessary highways improvements and traffic management during construction and decommissioning phases, the necessary highway requirements could be achieved.

Nature Conservation Considerations

6.41 The application site comprises an area currently used as grazing pasture which is of limited nature conservation significance although a number of features of wildlife interest have been identified as a result of the applicant's habitat surveys and bat survey.

6.42 The site is not the subject of any statutory designation, although within 1 km of the site there are 7 such sites primarily relating to Culm Grassland habitats including Special Areas of Conservation, Sites of Special Scientific Interest Devon Wildlife Trust Reserves and County Wildlife sites. Within the 52 hectare application site there are County Wildlife Sites - but care has been taken in drawing up the proposals to avoid disturbance of these areas.

6.43 The ecological assessment undertaken analyses the impact of the development on nature conservation sites from up to 4 km away and protected species from within 1 km radius of the site. The Bat Survey collected records from up to 5 km from the development site. Potential ecological impacts have been identified with respect to badgers and dormice - but the Environmental Statement shows how these impacts can be appropriately addressed and mitigated. The only exception is bats where a potential negative impact has been identified. However, the 4 turbines have been sited away from the main areas of known bat activity and in these circumstances the risks of impact are considered to be acceptable. With regard to birds, the assessment has concluded that the species present are unlikely to be adversely affected by the proposal subject to specific mitigation measures.

6.44 It is not therefore considered that there are any substantive grounds upon which to raise a strategic policy objection on ecological grounds subject to appropriate measures being secured by either planning condition or Sec 106 agreement to mitigate and compensate for those effects of the development identified. Archaeological Considerations

6.45 The Cultural Heritage section of the applicant's Environmental Report has identified a number of archaeological sites that may be affected by the proposed construction of the turbines and access roads/tracks. Given the potential impact on these sites, it is considered that should the District Council be minded to grant planning permission, it should be subject to a condition (in accordance with PPS16 advice) requiring that no development takes place until the applicant has secured the implementation of a programme of archaeological work including geophysical investigations of the construction footprint of the proposed turbines. In accordance with a written scheme of investigation which has been submitted to and approved by the local planning authority; and that the development is thereafter carried out only in strict accordance with such a scheme. This will ensure that an appropriate record is made of any archaeological evidence that may be affected by the development.

6.46 The programme of work envisaged initially would take the form of the excavation of a series of evaluative trenches in affected areas such as the access tracks, service/cable trenches, turbine foundations and hedgebank crossings. These investigations would inform any required mitigation - which may include the micro re- siting of turbines and associated infrastructure or further archaeological excavation and investigation, and recording.

Sustainability Considerations

6.47 The proposed development has significant sustainability implications. By signing the Kyoto Climate Change Agreement, the UK Government committed itself to reducing its greenhouse gas emissions by 12.5% below 1990 levels over the period 2008 - 2012. To contribute to this commitment, the Government has set a target for 10% of electricity production to be supplied from renewable sources by the year 2010, with an aspiration to double this by 2020. Increased generation of renewable energy is also important for maintaining secure and competitive energy supplies within the UK, a prominent theme in the Government's ongoing Energy Review.

6.48 Planning Policy Statement 22: Renewable Energy (July 2004) promotes increased development of renewable energy resources in order to meet these commitments. PPS22 also states that the wider environmental and economic benefits of renewable energy projects should be given significant weight in determining applications.

6.49 Another aspect of sustainability, however is the quality of the environment within which the proposed wind farm would be located and a balancing judgement must be made as to whether a development of this magnitude would have an irreversible damaging effect on the environment within which it sits, such as to override the renewable energy benefits.

7. Conclusions

7.1 The determination of the County Council's response to the consultation on this proposal requires that the identified adverse environmental impacts be balanced against the national, regional and structure plan policies relating to the provision for renewable energy developments. The contribution that this development could make to Devon’s 151 MW renewable energy targets is a key factor. 7.2 The application site falls just outside the Area of Search for Strategic Wind Based Energy Production identified diagrammatically in the Devon Structure Plan. The Area of Search does not carry a presumption in favour of wind farm developments within it or preclude wind farm developments outside it. The Structure Plan envisages that individual applications within the Area of Search will in any case all cases need to be considered in the context of detailed assessments including landscape assessments and studies. In terms of the impact of the landscape, the proposed development clearly has impact on the character of the LCZ in which it is situated (Witheridge- Rackenford Moor), both local to the proposal site itself and also at greater distances. It is concluded that whilst such impacts are intermittent and varying, they are adverse.

7.3 In addition the development would visually impact upon two neighbouring LCZs to the north, Exmoor Fringe and Exmoor Upland. The uncharacteristic nature of the proposal in relation to those two LCZs would result in an adverse impact on the visual amenity and character of both.

7.4 The development would be clearly visible from Exmoor National Park (approx 6.5 km away at its nearest point) but given the distance from the Park it is considered that it would not significantly impact the character and special qualities of the National Park itself.

7.5 The proposal would also be visible as a foreground element in views the National Park from the south, but not so directly or significantly as the current Three Moors and Cross Moor Wind Farm Proposals.

7.6 There would also be some visual impact on the landscape and character of the AGLVs covering the Yeo Valley, the Exmoor Fringe and the Exe Valley. However, DSP Policy CO4 relates only to development within an AGLV so, notwithstanding this impact, the proposal cannot be regarded to be in breach of the policy.

7.7 The impact on the setting of certain sections of the Two Moors Way is recognised but as the integrity of the route is not physically compromised, and the proposal is therefore not considered to conflict with DSP Policy TO6.

7.8 It is agreed that there are potential cumulative effects arising from other proposals in the wider area at Batsworthy Cross, Three Moors and Cross Moor which would exacerbate some of the impacts outlined above if all were to be permitted.

7.9 These impacts need then to be then balanced in the context of DSP policy CO12. This Policy indicates that landscape issues need to be judged against the provision requirements set out in CO12. The contribution of 12MW generating capacity of these 4 turbines needs to be weighed against the identified landscape impacts on the qualities and special features of the landscape, including those of a National Park, a landscape of national importance. In this instance it is considered that given the distance from the National Park that the weight given to these landscape concerns in the analysis of the various issues to be considered is outweighed by the need to provide for renewable energy in Devon and that a strategic policy objection should not be made.

8. Reasons for Recommendation/Alternative Options Considered

8.1 The Committee has the options of objecting, raising no objection, or not responding to this consultation. It is considered that it would be unreasonable for the County Council not to respond to a consultation on a development of this importance. The proposed wind farm would make a meaningful contribution to meeting the Structure Plan target for renewable energy production in Devon, and it is unlikely that this target would be achieved without some wind based energy developments. However, the key determining issue here is the balance between the need for this development to meet the agreed targets and the impacts on the local and national landscape.

8.2 Although the proposed site is outside of the DSP's Area of Search for strategic wind based energy developments, it is located some 6.5km from the Exmoor National Park. It is recommended that Mid Devon District Council should be advised that the County Council raises no strategic planning objection to the proposal.

Edward Chorlton

Electoral Divisions: Tiverton West and South Molton Rural

Local Government Act 1972

List of Background Papers

Contact for enquiries: Malcolm West

Room No: ABG

Tel No: (01392) 382867

Background Paper Date File Ref.

Casework file Current 07/02262/MFUL

ab110108dcb sc/bickham moor 5 hq 170108 Appendix I To EEC/08/14/HQ

Summary of Grid Connected Renewable Energy Projects in Devon (including the current scheme)

(a) Existing Grid connected Renewable Energy Projects installed or with planning permission at December 2007 [Based upon REGEN SW published information*]:

10MW Landfill Gas*

6.5MW hydro*

1.5MW biogas*

1.0MW sewage gas*

2.7MW (3x0.9MW turbines) at Forestmoor, Stowford Cross Bradworthy commissioned March 2005.

3.9MW (3x1.3MW turbines) at Darracott Torrington. Allowed on appeal (April 2004) but not yet constructed.

66MW (22x3MW turbines) at Fullabrook (North Devon) (110m to tip) Planning permission granted by DEBRR following Public Inquiry. (June 2007). Not yet constructed.

0.65MW turbine at Swingdon, , (Torridge). Planning permission granted October 1998. Not yet constructed.

22.5MW (9x2.5MW turbines) at Denbrook. North Tawton (West Devon) allowed on appeal (Feb - 2007) (120m to tip). Not yet constructed.

Sub total (a) - 114.75MW

(b) Current grid connected renewable Energy Projects in the planning process:

22.5MW (9 x 2.5MW Wind Turbines) at Batsworthy Cross, Knowstone (North Devon) (100m to tip). Committee considered 14 Feb 2007. Not yet determined by NDDC.

3.6MW (2 x 1.8MW Community Wind Turbines) as part of Sherford New Community Planning Application (South Hams) (120m to tip). Not yet determined by SHDC.

5MW (2 x 2.5MW Turbines) at Cross Moor, Knowstone/East Anstey (North Devon District). Not yet determined by NDDC.

4.95MW (3 x 1.65MW Turbines) at Beech Tree Farm, East Allington (South Hams) (95m to tip). Appeal Lodged November 2007. Amended Application submitted December 2007 (3 x 1.65MW Turbines - 100m to tip). Not yet determined by SHDC.

12 MW (4 x 3MW turbines) at Bickham Moor, Rackenford (Mid Devon). Application submitted November 2007. Not yet determined by MDDC. 9. 2MW (4 x 2.3MW turbines) (100m to tip) at Stibbs Cross, (Torridge District). Application lodged December 2007. Not yet determined by TDC.

18MW (9x2MW turbines) (105MW to tip of blade). Three Moors at Knowstone/East Anstey (North Devon District). Application submitted November 2007. Not yet determined by NDDC.

Sub Total (b) = 78.25MW .

Total (a) and (b) = 193.0MW

(c) Pre-planning but in public arena

6MW (3x 2 MW turbines) Wheelers Farm, Bradworthy (Torridge District).

8MW (4x2MW turbines) Franklyn/Pillven, east of Witheridge (North Devon District)

Sub Total (c) = 14.0 MW

Total (a)(b) and (c) = 207.0MW

Appendix II To EEC/08/14/HQ

Planning Policy Considerations

National Planning Policy Guidance : Policies PPS1 (Delivering Sustainable Development), (including recently published supplement on Planning and Climate Change); PPS7 (Sustainable Development in Rural Areas); PPG8 (Telecommunications); PPS9 (Biodiversity and Geological Conservation); PPS11 (Regional Spatial Strategies); PPS12 (Local Development Frameworks); PPG13 (Transport); PPG15 (Planning and the Historic Environment); PPG16 (Archaeology and Planning); PPS22 (Renewable Energy); PPS23 (Planning and Pollution Control); PPG24 (Planning and Noise) and the DCLG's Good Practice Guide on Planning and Tourism.

Regional Planning Guidance for the South West: RPG10: Policies SS20 (Rural Land including Urban Fringe Uses); EN1 (Landscape and Biodiversity); EN3 (The Historic Environment); and RE6 (Energy Generation and Use).

Devon Structure Plan 2001 - 2016 (Adopted October 2004): Policies ST1 (Sustainable Development); ST3 (Self Sufficiency of Devon s Communities); ST16 (Local Centres and Rural Areas); CO1 (Landscape Character and Local Distinctiveness); CO2 (National Parks); CO8 (Archaeology); CO9 (Biodiversity and Earth Science Diversity); CO10 (Protection of Nature Conservation Sites and Species); CO12 (Renewable Energy Developments); CO13 (Protecting Water Resources and Flood Defence); CO14 (Conserving Agricultural Land); CO16 (Noise Pollution); and TR10 (Strategic Road Network).

Mid Devon Local Plan - (Adopted July 2006) : Policies ENV2 (Renewable Energy); ENV15 (Other Protected Sites) and ENV17 (Wider Countryside).

Mid Devon Local Development Framework Core Strategy: Policies COR2 (Local Distinctiveness); COR5 (Climate Change); and COR18 (Countryside).

Devon County Waste Plan (Adopted June 2006): Policy WPC5 (Waste Audit) applies.

Emerging policy which may be regarded as a material consideration includes:

The Draft Regional Spatial Strategy for the South West: (June 2006): Policies SD1 (The Ecological Footprint); SD2 (Climate Change); SD3 (The Environment and Natural Resources); SD4 (Sustainable Communities; ENV1 (Protecting and Enhancing the Region's Natural and Historic Environment); ENV2 (Landscape Character Areas); ENV3 (Protected Landscapes); ENV4 (Nature Conservation); ENV5 (Historic Environment; RE1 (Renewable Electricity Targets: 2010 and 2020); RE3 (Renewable Heat Targets); RE4 (Meeting the Targets Through Development of New Resources); RE5 (Renewable Energy and New Development); RE6 (Water Resources; and RE7 (Sustainable Land Management).

Appendix III To EEC/08/14/HQ

Devon County Council Requirements in event of Mid Devon District Council being minded to Grant Planning Permission

(i) the prior completion of a Section 106 agreement to secure a financial guarantee for the removal of the turbines off the site and restoration of the site after 25 years or in the event of prior cessation of operation; maintenance of a nature conservation management scheme; and off site noise monitoring for the duration of the development;

(ii) the prior completion of a Section 106 agreement/or the imposition of a Grampian condition to secure appropriate traffic management and off site highway works during the construction and decommissioning stages;

(iii) the prior completion of a Section 278 Agreement to secure the appropriate design, specification, construction and drainage of all off site highway works secured in (ii) above;

(iv) the imposition of planning conditions to secure:

(a) 25 year planning permission/reinstatement and decommissioning scheme;

(b) access details including drainage, and visibility and maintenance of access;

(c) nature conservation mitigation (including timing of vegetation clearance and further ecological survey works) and monitoring scheme;

(d) archaeological survey, mitigation and recording scheme;

(e) detailed approval of micro-siting of turbines and any other engineering works;

(f) noise limits and mitigation scheme;

(g) hedgerow opening details and reinstatements;

(h) details of grid connection.