EEC/07/13/HQ Development Control Committee 24 January 2007 Planning and Highway Consultation North District: Application for the Construction of a Wind Farm at Batsworthy Cross, Application No: 02/43272/06 Date Application received by District Council - 1 November 2006 Date on which Consultation on Plans, Description and Environmental Statement was received by County Council - 14 November 2006

Report of the Director of Environment, Economy and Culture

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

Recommendation: It is recommended that North Devon District Council be advised that Devon County Council: (a) as Strategic Planning Authority, having taken into account relevant national, regional and sub-regional plan policy, both adopted and emerging and the more local environmental and amenity impacts of the proposed development, raises no strategic planning objection to the development subject the following being secured either by the imposition of planning conditions or the prior completion of a Section 106 Agreement: temporary 25 year permission/reinstatement; financial guarantee to secure removal of turbines and restoration of sites in the event of the prior cessation of usage; on and offsite positive nature conservation gain; hedgerow protection and reinstatements; archaeological survey and mitigation works; noise limits and mitigation scheme; offsite monitoring of noise; and highway/access details; (b) as Local Highway Authority raises no objection to the proposed development subject to the imposition of planning conditions and the prior completion of a Section 106/278 Agreement to secure appropriate traffic management during construction; maintenance and decommissioning and appropriate design; specification; construction and drainage of the required highway improvements.

1. Summary

This report relates to a planning application for the construction of a wind farm at Batsworthy Cross near Knowstone in North Devon upon which the County Council has been consulted as both Strategic Planning Authority and Local Highway Authority by North Devon District Council who will be the determining the application.

2. The Proposal/Background

The proposed development comprises the installation of 9 wind turbines. Each turbine would be 103 metres in height to the tip of the blade with a hub height of 80 metres. The blades would have a diameter of 86 metres, with a rotation speed of 8 to 20 rpm. Each turbine would be capable of generating up to 2.5 megawatts of electricity, with a maximum total generating capacity of 22.5 MW. As this 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 North Devon District Council as Local Planning Authority.

The proposed development also includes supporting infrastructure, in particular a 65 metre anemometer monitoring mast, an electrical sub-station, trenching and cable installation, onsite access tracks, a temporary on-site concrete batching plant, off-site road improvements and a temporary site compound for the construction period.

The application site is situated approximately 14.4 km west of Tiverton and 9.8km east of close to the Knowstone service areas on the A361. The application site has an overall area of 188 hectares, although the turbines and supporting development would only occupy a small proportion of the site. The site is currently predominantly in agricultural use. The height above sea level ranges from 208m in the south and 265 on the northern edge of the site and the site occupies an upland plateau partially dissected by the head waters of the local watercourses.

There is one residential dwelling at Poole Farm that is surrounded by the development site boundary but this is excluded from the application area. This dwelling is approximately 420 metre from the location of the nearest turbine (No.3) and 520m from turbine No 1. In addition there are a number of agricultural buildings falling in the application area.

The submission to the North Devon District Council was accompanied by an Environmental Statement as required by the 1999 Environmental Impact Assessment Regulations (1999).

A copy of the Environmental Statement, the additional Environmental Information and all the supporting documents submitted with the application will be available for inspection at the Committee meeting.

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

A cluster of 3 x 1 MW wind turbines at Stowford Cross, Bradworthy, 75 metres high to the tip of the blade. Planning permission was granted on appeal in August 2003 and the development became operational in March 2005.

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

3. Advertisement/Representations

This proposed development has been the subject of local pre-application publicity by the applicant, and has been the subject of statutory advertisement and publicity by the North Devon District Council as the determining local planning authority.

At the time of writing this report the County Council, as a Consultee, has however been in receipt of 19 letters/emails opposed to the application representing 45 individuals.

Additionally letters of objection have also been received either directly or copied from 4 organisations.

These are all summarised in Appendix I to this report and full copies of these and the letter of support will be displayed for Members' inspection at the Committee meeting.

The main concerns expressed in letters of objection include:

• The impact on the landscape and local visual amenity. • The impact of noise on local residents.

• The impact on local tourism. • The impact on the highway network, including safety considerations. • The impact on local footpaths, bridleways and the Two Moors Way recreational route. • The inadequacy of the applicant's Environmental Statement. • The impact on wildlife. • Shadow flicker. • The inefficiency of wind turbines. • Loss of Property Values. • Potential light pollution. • The impact on the setting of listed buildings.

At the time of writing this report 1 letter of support has been received from DARE - the Devon Association for Renewable Energy.

4. Consultation Responses

All Statutory Consultations have been undertaken by the North Devon District Council as the determining Local Planning Authority. At the time of writing this report the County Council is aware of and has received copies of only a limited number of the responses, which include:

Exmoor National Park Authority: - objects to the development because of unacceptable landscape impact on the National Park. (15 January 2007).

Mid Devon District Council: - objects to the development because of unacceptable landscape impact; its potential adverse effect on tourism in the area; and its detrimental impact on residents in a sizeable area of Mid Devon. (3 January 2007).

Rackenford and Parish Council: - objects to the development (16 January 2007).

Any other responses received will be reported verbally at the meeting.

5. Planning Policy Considerations

In considering this application the County Planning Authority is required to have regard to provisions of the Development Plan in so far 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, determination shall be in accordance with the Development Plan unless material considerations indicate otherwise.

In this case the most relevant Development Plan Policies are as follows:

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); TO6 (Long Distance Recreational Footpaths and Routes); and TR10 (Strategic Road Network).

North Devon Local Plan 1995 2011 (adopted July 2006): Policies DVS1A (Sustainable Development); DVS3 (Amenity Considerations); ENV1 (Development and Countryside); ENV4 (Exmoor National Park); ENV 7 (Agricultural Land); ENV8 (Biodiversity); ENV11 (Protected Species); ENV12 (Locally Important Wildlife or Geological Sites); ENV14 (Locally Important Archaeological Sites); TRA6 (General Highway Considerations) and ECN 15 (Renewable Energy).

Devon County Waste Local 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; RE7 (Sustainable Land Management).

In preparing this report regard has been given to relevant National Planning Policy guidance, particularly PPS1 (Delivering Sustainable Development); 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 including Companion Guide); PPS23 (Planning and Pollution Control); PPG24 (Planning and Noise) and the DCLG’s Good Practice Guide on Planning and Tourism.

Emerging national policy which may be regarded as a material consideration includes Consultation Draft PPS1 supplement on Planning and Climate Change. (December 2006).

6. Transportation and Highway Considerations

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

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 to the site. Traffic will leave the A361 at the Knowstone Services and use the minor road to the site.

This potential route is considered to be achievable and acceptable in highway terms, subject to delivery of the identified improvements, together with appropriate accommodation works.

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.

Appropriate planning conditions should be applied if planning consent is given to secure the required off-site highway works 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. Appropriate traffic management during the construction phase could be secured under a Section 106 Agreement.

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, the necessary highway requirements could be achieved.

7. Sustainability Considerations

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.

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.

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

8. Archaeological Considerations

The Cultural Heritage section of the Environmental Statement prepared in support of this application, as well as the subsequent geophysical survey report on the site, show that the proposed development lies within an area of archaeological potential. In particular, the presence of archaeological deposits in the vicinity of the sites of turbines 2 and 4 has been demonstrated. These consist of possible prehistoric funerary or settlement sites and land boundary features close to the proposed position of turbine 4, as well as earthworks, a hollow way with adjacent - undated - enclosures and possible structural remains in the vicinity of turbine 2.

The construction of the turbines, access tracks and ancillary equipment could therefore impact upon these known archaeological features and have the potential for exposing unknown, associated, archaeological features and artefacts elsewhere across the application area. For these reasons it is advised that any consent the Local Planning Authority may be minded to issue should carry the PPG16 (paragraph 30) condition whereby:

‘no development should take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority. The development should then be carried out at all times in strict accordance with such an approved scheme, or such other details as may be subsequently agreed by the Local Planning Authority. This will ensure that an appropriate record is made of archaeological evidence that may be affected by the development'

There has been negotiation on this and it is envisaged that a suitable programme of work would take the form of the excavation of a series of evaluative trenches in all areas affected by the proposed development, such as turbine bases, access roads, service/cable trenches, breaches of hedgebanks etc. The results of these excavations would allow the appropriate mitigation to be determined, either by design - to minimise or remove the impact of the development upon the archaeological resource - or by archaeological investigation, excavation and ‘preservation by record’ of archaeological remains affected by the development.

The County Archaeologist would be able to provide a Brief setting out the scope of the works required that would also form the basis of the "Written Scheme of Investigation" to be prepared, and submitted for approval, by the archaeological consultant undertaking the works for the applicant.

9. Landscape and Recreation Considerations

Renewable Energy is addressed in Structure Plan Policy CO12, 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 Structure Plan, in this case policies CO1, CO2 and CO4.

The application site falls outside any designated Landscape Area. However, Policy CO1 is concerned with maintaining the qualities and features of Devon's distinctive landscapes. This indicates that the qualities and features relevant to the County's 32 Landscape Character Zones (LCZ), as identified in the Structure Plan (Map 5), and in "The Devon Landscape" (2002), be sustained and enhanced and that proposals should be informed by and sympathetic to the relevant landscape character and quality.

The proposal site lies within the Witheridge- Moor Landscape Character Zone. 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 in landscape character terms as exhibiting a face of Devon's past. Concerns are 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.

The proposed site occupies a high location within the Zone, quite close to and south of the A361. The terrain drops from the site to the north beyond the A361 to the east-west valley of the River Yeo, before rising again to the ridge which marks the southern edge of Exmoor. To the west there is a drop into the valley of the Little Silver Stream. Beyond this the land rises again, cut by the valley of the westward flowing River Mole. To the south the relatively high land of the site continues, falling slightly towards the valley of the higher Sturcombe River.

Beyond this, the landscape of high ridges continues towards the distant northern rim of Dartmoor, visible in clear conditions. To the east there is a fall to the valley of the Sturcombe River, then a rise to Knowstone Moor. The landscape is one of improved pasture, with areas of unimproved pasture towards the southern end of the site. Fields are generally medium- sized, divided by hedges and occasionally wire fences. The hedgerows are punctuated by mature trees and there are some substantial areas of trees. The valleys generally have smaller fields. Rough pasture is seen on the fringe of Knowstone Moor to the east and there is open moor land on the top of the Exmoor ridge to the north.

The applicant's Environmental Statement (ES) acknowledges that at a distance up to 0.5km from the turbines the landscape would be affected to such an extent that a new landscape type would be created such that any other landscape characteristics would be secondary to the turbines (ES para 5.7.2, p.93).

The ES further acknowledges that the character of the current landscape would change within a range up to 3 km from the turbines to create a new landscape sub-type, where the wind farm would be a major (if not dominant) landscape feature. The combined areas are mapped in the ES, (Fig 5.10), where it may be seen that some 20% of the LCZ is thus affected.

While the ES suggests that there will be no impact on landscape character beyond 3 km from the turbines, this is perhaps questionable. It is accepted that the nature of the topography created by the ridges and valleys means that there are substantial areas of the LCZ which would not be affected. However, there would be some views of the turbines over much of this area. The impact on the character of areas beyond 3 km may be assessed from the ES viewpoint nos. 6, 11, 29 as examples, indicating marked, if sporadic, impacts on character to the west, north and south respectively.

On the basis of the preceding paragraphs in relation to Structure Plan Policy CO1 is that the proposal would have some impact on the Witheridge-Rackenford Moor Landscape Character Zone.

Where a proposal is sufficiently large in size and scale, it is possible for it to have an adverse impact on the character of Zones beyond that in which it is situated. In this case, despite the size and scale of the proposed turbines, the distance and intervening topography mean that there is unlikely to be an effect significant to the character of neighbouring Zones to the east, south or west. ES viewpoint nos.15 (east) and 1 (west) confirm this. It does seem likely there could be some impact on Zones to the north (especially the Exmoor Upland Zone) and this is discussed under the impact on policy CO2 below.

The nearest boundary of Exmoor National Park is some 7.5 km to the north of the proposal site. Structure Plan Policy CO2 requires that development should not be permitted outside the National Park which would damage its natural beauty, character or special qualities.

The National Park's landscape integrity could be adversely affected by development which either has an impact on its setting or on its integral landscape qualities. Because the proposal site is on a relatively high ridge, it means that it rarely forms the foreground for the setting of Exmoor. Only at some distance further south does this effect come into play. This is noted at ES viewpoint no. 25. The effect is unfortunate, but at the distance involved (approximately 17 km) this is less on the National Park than on the character of the viewpoint location, in this case the extreme south of the Witheridge-Rackenford Moor LCZ.

At locations nearer the National Park boundary but south of the proposal site there are virtually no opportunities for the two to coincide.

The southern ridge of Exmoor National Park offers extensive views southwards over Devon, including in reasonable conditions views over the proposal site 7.5 km away. ES viewpoint no. 12 indicates the degree of impact. A reasonable assessment would be that the proposal would not enhance the Park's landscape integrity and that, indeed, there may be a small negative impact, but the distance involved and the relatively small scale of the proposal at this distance in comparison with the overall landscape. It is considered that notwithstanding the objection now raised by the Exmoor National Park Authority, the proposed development would not breach Policy CO2.

Structure Plan Policy CO4 requires that development in a designated Area of Great Landscape Value (AGLV) should be limited in its visual impact, such Areas having the conservation and enhancement of their landscape as the primary objective. The AGLV which covers Knowstone Moor is less than 1 km from the nearest turbine. However, Policy CO4 refers only to development within AGLVs, the Policy would not apply.

In terms of the impact on the informal recreation in the area, the proposed development is situated in close proximity to the Two Moors Way (0.75km to the east at its closest point). This is Devon's major north-south cross-country walking route. Structure Plan Policy TO6 protects such routes, but only so far as their physical integrity is concerned.

A substantial length of the Two Moors Way would be afforded a view of the proposal. Within the 12 km radius as shown on ES Fig 5.4, areas around Black Dog and Witheridge, a stretch of some 3-4 km north of Bradford Mill, another 3-4 km south of Knowstone, Owlaborough Moor and would all be affected. Example impacts maybe seen at ES viewpoints nos. 23, 18, 10, 9, 11, 12.

Other than the public highways which cross the application site, there are no other public rights of way (footpaths/bridleways) within or immediately adjacent to the application site boundary.

In conclusion, the Strategic Planning Authority’s position on landscape and recreation needs to be judged against Structure Plan Policy CO12. There are landscape issues which need to be judged against the provision requirements set out in CO12. It should be remembered that the site is within the Area of Search identified in the Key Diagram and that in adopting this Policy the authority recognised the effect of proposals upon the relevant landscape areas.

10. Nature Conservation Considerations

The application site supports a range of wildlife interests which are fairly typical of lowland farming landscapes in this part of North Devon, including several areas of species-rich marshy grassland (i.e. Culm grassland), woodland, and a network of hedgerows and minor watercourses. A number of notable and protected species, including bats, badgers and reptiles have been shown to be associated with these wildlife habitats. Whilst no statutory or non-statutory nature conservation designations are directly affected by the development proposals, the Hares Down, Knowstone and Rackenford Moors Site of Special Scientific Interest (SSSI), which also forms part of the Culm Grasslands Special Area of Conservation (SAC), is located only 2 km to the east of the site boundary. In addition, a designated County Wildlife Site (CWS) and three further proposed CWS are found within the application site (although survey has revealed that two of these have been subject to agricultural improvement in recent years and so are most unlikely to meet the guidelines for their formal selections as CWS).

The Environmental Statement contains a thorough ecological appraisal, informed by a range of ecological surveys and an assessment of the likely effects of the construction, operation and future decommissioning of the proposed wind farm. This process has been used to inform the layout and design of the development in order to minimise the unavoidable impacts. As a result, none of the development infrastructure will impact upon key wildlife features, other than minor breaches of 18 hedgerows for the highway access, access track and electric cabling, with this loss totalling no more than 335 metres.

No significant disturbance to wildlife interests is likely to result from the construction of the turbines, other than some possible, minor displacement of wintering snipe and neither is the operation of the turbines is likely to result in any significant risk of collision for birds or bats. No potential effects upon the nearby SSSI/SAC have been predicted. To offset the

unavoidable impacts, a number of mitigation measures are proposed, most notably the restoration of three existing hedgerows and the creation of a new hedge and three small scrapes are proposed to be excavated to created suitable conditions for wintering snipe.

11. Comments

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 - 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.

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.

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."

A total of 26.25 MW of renewable energy capacity was installed or permitted as of March 2006 in Devon, representing only about 17% of the 151 MW Structure Plan target. This is made up of 19 MW of installed renewable energy capacity connected to the grid, comprising 10 MW from landfill gas, 6.5 MW from hydro power, 1.5 MW from biogas and 1 MW from sewage gas. In addition, a total of 6.6 MW capacity has been permitted on appeal for wind turbines at Higher Darracott, Great Torrington and Stowford Cross, Bradworthy (recently constructed). It is noted that in the two appeal decisions at Stowford Cross and Higher Darracott, the Inspectors gave weight to the contribution of the developments to meeting regional and sub-regional renewable energy targets. Two proposals at Fullabrook (66MW) and at Denbrook (18MW) have recently been the subject of Public Inquiries where the outcomes are expected in the next 3 months. A more detailed breakdown of these developments and other developments currently in the pipeline is given in Appendix II to this report.

REvision 2020 (June 2005) takes forward the target beyond 2010 and indicates that in line with government policy indicates that at least 20% of installed generating capacity (850MWe) should be provided from renewable resources. This builds upon the 611MWe target in REvision 2010. This target is contained in the Draft Regional Spatial Strategy for the South West (2006-2026) in policies RE1 and RE4.

The potential contribution from the proposed development - The proposal for 22 mw of generating capacity at Batsworthy Cross is a strategic development which would clearly make a significant contribution to the sub-regional target set out in Policy C012. The application site falls within the Area of Search for strategic wind based energy production, defined on the Key Diagram of the adopted Structure Plan.

The existing technology to harness onshore wind is already technically and financially viable, and it is viewed that this 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 - In terms of land based wind energy, the alternative to the current proposal would be for:

• one or more strategic wind farms (over 15 MW) in other locations in Devon; and/or • a larger number of smaller wind farms (under 15 MW).

There are limited locations within the County where a strategic wind farm could be accommodated on technical and environmental grounds. There may be suitable alternative sites for a strategic development within the Area of Search.

There may be a number of other locations suitable for medium or small scale clusters of wind turbines in Devon. However, a significant number of turbines would have to be installed to achieve the same overall generating capacity as the current proposal. Each would have a different landscape impact to the current proposal.

The target for renewable energy generation could also be met through technologies other than wind energy. At the time of writing this report an appeal has been lodged against the refusal of planning permission by Torridge District Council of the proposed biomass plant at Winkleigh. If approved, this could contribute 23 MW to the target. This was the subject of a previous report to this Committee in January 2005 (Report ED/05/22/HQ refers) when it was resolved, on the basis of the information before the Committee, to judge the proposal as contrary to Structure Plan Policy. No other grid connected biomass proposals are currently within the planning system.

A 3MW energy from waste facility is being pursued in Exeter as well as a number of small scale hydro schemes.

It is viewed that if the target of county target of 151 MW by 2010 is to be achieved, a combination of such developments would need to be implemented.

Landscape - In making provision for renewable energy facilities, particularly wind based, the Structure Plan Explanatory Memorandum (Para 4.72 - 4.73) recognises that:

“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."

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 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”.

The application site is not covered by any statutory national landscape designations, but as previously identified, lies within the Area of Search for strategic wind based energy production.

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.

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.

PPS7: (Sustainable Development in Rural Areas (2004), 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.

As previously referred to in Section (9) above, the 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 do not damage their natural beauty, and Policy CO4 relating to developments within Areas of Great Landscape Value.

Nature Conservation - There appear to be no substantial grounds for nature conservation objection to the proposed development. However, there are three nature conservation issues which should be addressed by the District Council:

1. To further limit the impact upon the hedgerows which will be affected at the highway access points, the applicants should be asked to consider the potential scope for hedgerow translocation for any visibility splays, with such works subject to a planning condition if appropriate.

2. The highway access at the northern end of the site may involve works in close proximity to a known location for Japanese Knotweed (i.e. a highly invasive species listed covered by Schedule 9 of the Wildlife and Countryside Act 1981). If so, a planning condition should require detailed consideration of this issue by the applicant to avoid any risk of spread of this plant.

3. In line with Government policy relating to the enhancement of biodiversity (as set out in PPS9) and the biodiversity targets included in the draft Regional Planning Guidance, the Devon Structure Plan and national/local Biodiversity Action Plans, it would be highly appropriate to seek further commitment from the applicants to the appropriate management of existing Culm grassland communities and the restoration of further areas of species-rich marshy grassland (i.e. particularly through the beneficial management of the proposed CWS at Lower Moor). This should be achieved through the amendment and re-submission of the 'Draft Habitat Management Plan' which is appended to the Environmental Statement.

Tourism/Economic Impacts - There are not considered to be any overriding strategic policy objections to the proposed wind farm in this location from a tourism/economic development standpoint. Given the potential tourist interest in the proposed wind farm, it is recommended that the opportunity should be taken to promote awareness of sustainable development through information and the possible provision of information at the Knowstone Service area on the A361 adjacent to the site.

12. Conclusions

The determination of the County Council's response to the consultation on this proposal requires that any identified adverse impacts be balanced against the national, regional and structure plan policies relating to the provision for renewable energy developments. The strategic contribution that this development could make to Devon's 151 MW renewable energy targets is a factor that should be given significant weight. The opportunities for accommodating such renewable energy developments on this scale within the County are limited.

The application site falls within an Area of Search for Strategic Wind Based Energy Production identified in the Structure Plan. The Structure Plan envisages that individual applications within the Area of Search will need to be considered in the context of detailed assessments including landscape assessments and studies.

The proposed development is separated from the Exmoor National Park by some 7.5km. While turbines will be visible from some locations within the Park, at such a distance the proposed development is not regarded as having a detrimental effect on the Exmoor National Park and therefore does not conflict with Policy CO2 of the Structure Plan.

This is a major development in the countryside which will undoubtedly have an impact. It would have its most direct landscape impact upon the landscape character and local distinctiveness of the Witheridge – Rackenford Moor Landscape Character Zone within which the application site lies. Such an impact would clearly be significant in the short to medium term but is arguably not permanently damaging in that the inherent landscape features will not be irreversibly destroyed by what might be regarded as a transitory, albeit 25 year duration development.

13. Reasons for Recommendation/Alternative Options Considered

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 substantial contribution to meeting the Structure Plan target for renewable energy production in Devon, and it is unlikely that this target would be achieved without such strategic scale wind based energy developments. The key determining issue appears to be the balance between the need for this development to meet the agreed targets and the adverse impacts on the local and national landscape.

Given the location of the proposed site within the Area of Search for strategic renewable energy developments and limited effect on designated landscapes, it is recommended that North Devon District Council be advised that the authority has no objection to the proposal subject to:

(i) the prior completion of a Section 106 Agreement to secure appropriate traffic management during the construction phase; a financial guarantee for the removal of the turbines and the restoration of their sites in the event of prior cessation of usage; the positive nature conservation gain; and the off-site monitoring of noise for the duration of the development;

(ii) the imposition of planning conditions relating to temporary 25 year permission/reinstatement; nature conservation mitigation scheme; hedgerow protection/reinstatements; archaeological survey and mitigation work; noise limits and mitigation scheme; and highway works details;

(iii) the imposition of conditions and completion of appropriate legal agreements to secure necessary off-site highways improvements and traffic management during the construction phase as detailed in Section 5 of this report;

(iv) the prior completion of a Section 278 Agreement to secure the appropriate design, specification, construction and drainage of all off site highway works

Edward Chorlton Electoral Division: South Molton Rural

Local Government Act 1972

List of background Papers

Contact for enquiries: Malcolm West

Tel No: (01392) 382867

Background Paper Date File Ref

Planing Application Case File 2006/2007 02/43272/06

ab090107dca sc/wind farm batsworthy x 7 hq 180107

Appendix I To EEC/07/13/HQ (a) Summary of Representations Received Directly by Devon County Council Nature of Objections

Name/Address Date Landscape Noise/ Impact on Impact on Impact on Inadequacy of Impact on Shadow Inefficient Loss of Light Pollution Listed Water Received Visual Local Tourism Highway Footpaths/Two ES/and Wildlife Flicker Technology Property Value Potential Buildings Supply Amenity Amenity Network Moors Way Consultation Concerns including and Horse Process Safety Riders M. Addison, 5/01/07 √ √ √ √ √ √ √ Ms. A. Allen, East Knowstone 08/01/07 √ √ √ √ R. Anderson, Chagford 04/01/07 √ √ R and S. Ball, Witheridge 09/01/07 √ T. Chetham, Roachill 02/01/07 √ √ √ √ E. Chetham, Roachill 14/01/07 √ √ √ √ √ √ Mrs. A. Cole, Batsworthy, 11/01/07 √ √ √ √ √ √ √ Rackenford B. & P. Cornish, Bishops 25/03/06 √ √ √ √ √ Nympton R. Delf, Knowstone 12/01/07 √ √ √ B. Elliott, Rose Ash 28/11/06 √ √ √ √ √ √ √ G. Elliott, Rose Ash 28/11/06 √ √ √ √ √ √ C. Elliott, Rose Ash 28/11/06 √ √ √ √ √ √ √ & 03/01/07 J. Faust, Creacombe 14/01/07 √ √ √ √ √ √ √ √ √ & 17/01/07 C. Ferguson (email. No address 07/12/06 √ √ √ √ √ √ √ supplied) on behalf of 24 names/addresses from all over Southern . C. Harvey, Rackenford 18/12/06 √ √ √ √ √ √ √ √ √ √ √ N. Harvey, Rackenford 12/01/07 √ √ √ √ √ √ √ √ √ √ D. Knowles, Batsworthy 05/12/06 √ √ √ √ F. Lister, 14/03/06 √ √ √ √ √ A. Warrender, Creacombe 18/01/07 √ √ √ √ √ √ √

(b) Summary of Representations Received from Organisations

Name/Address Date Received Two Moors Campaign 15/01/07 See Executive Summary reproduced as Appendix III to this report. Campaign to Protect Rural 03/01/07 See Summary of Objection reproduced as England - North Devon Group Appendix IV to this report.

NB. The Two Moors Campaign and CPRE have jointly commissioned the Living Landscape and Visual Affects). Exmoor Society 02/01/07 Objects to the proposed development because of adverse impact the development will have on the environment of the Exmoor National Park and its special qualities, which in turn will affect the public's enjoyment of them. Includes detailed comments on National Park purposes, Landscape Character, Visual Impact, Renewable Energy Policy and the Planning Balances. Haresdown and Knowstone 19/12/06 Objects to the application because of the Moors Management very severe visual impact on the Moors, Association which would deter walkers from using the Two Moors Way, and would detract from the recreational uses of the Moors. (The Association manages the Moors under a Wildlife Enhancement Scheme Agreement with Natural England).

Appendix II To EEC/07/13/HQ

Summary of Grid Connected Renewable Energy Projects - January 2007-01-17

(a) Existing Grid connected Renewable Energy Projects installed or with planning permission at March 2006 based upon REGEN SW published information:

• 10mw Landfill Gas • 6.5mw hydro • 1.5mw biogas • 1.0mw sewage gas • 2.7mw (3x0.9 turbines) at Forestmoor, Stowford Cross Bradworthy commissioned March 2005. • 3.9mw (3 x1.3mw turbines at Darracott Torrington. Allowed on appeal but not yet constructed.

Total 25.6mw

(b) Unimplemented permission not included in REGEN SW total.

• 0.65mw turbine at Swingdon, Clawton, (Torridge)

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

• 23 mw Biomass Power Station at Winkleigh refused 2006, Appeal lodged Nov 2006 • 18mw( 9x2mw turbines) at Denbrook. North Tawton (West Devon) refused pp 2006 Appeal. Inquiry held Nov. 2006 - outcome awaited. • 66mw(22x 3mw turbines) Fullabrook (North Devon) DTI determination decision awaited following Public Inquiry Nov. 2006 - January 2007. • 22.5mw (9 x 2.5mw Wind Turbines) at Batsworthy Cross, Knowstone (North Devon) (CURRENT APPLICATION) • 3.6MW (2 x 1.8mw Community Wind Turbines) as part of Sherford New Community Planning Application (South Hams) (120m to tip). • 5mw (2 x 2.5mw Turbines) at Cross Moor, Knowstone/ (North Devon District).

Total 138 mw

(d) Pre planning but in public arena

• 6mw (3x 2 mw) Wheelers Farm, Bradworthy (Torridge). • 3mw Energy from Waste Scheme at Marsh Barton, Exeter (Exeter City). • 4-6mw wind cluster, Bickham Moor, Rackenford (Mid Devon).

Total 13-15mw approx.

(e) Total installed capacity of all schemes (a)-(d) inclusive:

= 177.25mw - 179.25mw

Appendix III To EEC/07/13/HQ

Executive Summary of Representations Submitted by the Secretary of the Two Moors Campaign - 15 January 2007

1. We believe that the application as submitted is incomplete and cannot therefore be determined on the basis of the information provided to date.

2. The application is outline in nature and contains so many variables, inaccuracies and omissions that on the present information it should be refused. All the elevations of the turbines are just “typical”, as are the foundations, the sub station building and the photograph of a turbine. All the turbines are subject to a 50m micro-siting adjustment in any direction which can affect the visual impact, noise, wildlife, and track layout. The information contained in the ES is therefore inadequate to determine the application.

3. The site selection process is deeply flawed. The site is on the edge of the search area but is within an area considered to be appropriate for just one turbine or a small scale wind farm with turbines of around 45m in height. This application is large scale in numbers and size of turbines AND TOTALLY INAPPROPRIATE.

4. The application has not been based on data gathered from an appropriately sited wind mast for an adequate time to gauge wind from this location. None of the information upon which the developer relies upon to calculate the supposed benefits from the site can therefore be substantiated.

5. Landscape effects. The application will have a massive negative effect on the special qualities of Exmoor National Park. The landscape assessment information contained within the npower document is both flawed and inadequate for accurately considering this application. This important effect has been recognised by the National Park Authority in their objection to this application.

6. To assist in their deliberations the Two Moors Campaign has commissioned Living Landscapes Consultancy Ltd., jointly by the CPRE Devon, to undertake a review of Chapter 5 of the Environmental Statement (ES) prepared the developer, which relates to the proposed wind farm at Batsworthy Cross. This report was commissioned as a response to our concerns over the errors and omissions evident in the Environmental Statement (ES) Chapter 5 (Landscape and Visual Effects). A copy of this full report is attached at Appendix 1, which validates those concerns and recommends that planning permission should be refused on the grounds that the ES is not adequate for purpose.

7. The proposals are totally out of scale with their surroundings. It will introduce an industrial landscape into this important viewpoint, significantly more intrusive than anything else on the horizon, emphasised by their moving blades drawing the eye towards them.

8. The application would seriously detract from the natural beauty of the area. The “Countryside Agency’s vision for the Culm is to make its isolation and unique natural character its primary economic and environmental strength. It would totally transform this Culm landscape into an industrial one.

9. Visually the significance of the effects are massive in the immediate vicinity of the site, including on the A361 important tourist route to North Devon and major further towards Exmoor. The turbines are more than 3 times taller than the mast at Venhay, and they will be moving. The Venhay mast is clearly seen from Winsford Hill, Exmoor and beyond. The visual impact can in fact be described as overwhelming.

10. We consider that the landscape policies designed to protect this area at both National, Regional, County and District level must be brought to bear to protect this unique landscape on the Exmoor fringe.

11. Impact on residential amenity. The environmental statement prepared by the applicant is woefully inadequate for accurately portraying the massive negative impact on residential properties. This is confirmed by the Living Landscapes Consultancy Ltd report, January 2007.

12. The primary sources of local employment in the area are farming and tourism. Since the decline in farming incomes tourism has played a more vital role. Local businesses have diversified into tourism with the decline in farming incomes. The evidence from North Devon Marketing Bureau, so clearly put at the Fullabrook Public Inquiry, indicates strongly that wind farms can have a devastating effect on tourism. This in turn will result in a massive downturn in local economic activity. We draw to your attention the report by Small Business Council, an arm of the DTI, “UK Energy Policy The Small Business Perspective and the Impact on the Rural Economy”. This advises that an average of 75% of visitors regard the quality of the landscape and countryside as the most important factor in choosing a destination. And it suggests that a windfarm in North Devon may deter 11% of visitors to North Devon at a cost of £29milliom per annum and a loss of 800 jobs.

13. The developer has failed to take into account the effect that this development will have on the archaeology and history of this area. The surroundings and backdrop for many scheduled ancient monuments and listed buildings and conservation areas will be adversely affected to a large extent affecting their historical integrity.

14. The developer has indicated that the grid connection will be going underground to the South Molton sub-station. This is yet another incorrect and misleading piece of information. The sub-station at South Molton cannot accept more than 20MW of input, and doubts have been raised regarding accepting even this amount at this point. It is also extremely unlikely that the connection will go underground to this distant point, as advised in PPG 22, and this is, in any event, not in the applicant’s control. This could result in further massive impact on the landscape by the erection of overhead cables carried on either poles or pylons and possibly towards the National Park.

15. We consider that in view of the large variation of output, it is impossible to accurately comment on any benefits which may accrue from the site. In view of the lack of information put in the ES by the developer doubt can be cast on whether even 13.5MWs of output may be available from the site, as wind testing has not been carried out.

16. Targets. As has been clearly established by North Devon District Council at the Fullabrook public inquiry targets are aspirational. It is not within the County or the District Council’s power to reach targets unless suitable applications on suitable sites are put forward by developers. It is the duty of the Council to look upon the merits of each application and determine them accordingly. Within a county with so much of

its area designated of special national, regional and local significance the opportunities for these targets to be met by wind farms are very limited.

17. Construction. It is considered that because there are so many variables remaining unanswered e.g., foundation type, track design and layout, and turbine type and size that the movements to the site are not capable of quantifying and traffic flows in chapter 11 are misleading.

18. The benefits from this site are unknown but the damage that 9 turbines up to 103m high could have on the landscape, character, tourism and the economy are clear.

The supposed benefits clearly do not outweigh the harm that this site could cause to the landscape character, special qualities of Exmoor National Park, tourism and the economy.

Appendix IV To EEC/07/13/HQ

Summary of CPRE Objection

NORTH DEVON GROUP

Huckleberry East Knowstone South Molton North Devon EX36 4DZ

Registered Charity No. 245317 Tel: 01398 341623

3 January 2007

Mr M Kelly Planning Manager North Devon District Council Civic Centre EX31 1EA

Dear Mr Kelly

YOUR REF: 43272. PROPOSAL FOR THE INSTALLATION & OPERATION OF 9 WIND TURBINE GENERATORS OF MAXIMUM 103M TO TIP HEIGHT, UNIT TRANSFORMER ENCLOSURES, SUBSTATION BUILDING, ANENOMETER, ACCESS TRACKS & ANCILLIARY EQUIPMENT, LAND AT BATSWORTHY CROSS, KNOWSTONE, SOUTH MOLTON.

Thank you for consulting with CPRE on the above application. After careful consideration, CPRE wishes to object to the application for the reasons set out below.

Introduction

Founded in 1926, CPRE is a national charity with some 60,000 members which seeks to promote the beauty, tranquillity and diversity of rural England by encouraging the sustainable use of land and other natural resources in town and country. CPRE National Policy on onshore wind turbines is clear that “climate change caused by greenhouse gas emissions is a major threat to the global environment and to the character and quality of England’s countryside. […] However, the visual impact of large wind turbines can be a form of pollution which damages the landscape. Decisions on the scale and location of wind power development and other forms of energy generation should therefore avoid damaging valued rural landscapes – not only those that are designated as National Parks or AONBs.”

Summary

Within this document CPRE does not seek to challenge Government Policy on renewable energy. In making reference to Government policy within this document, such references relate only to the current application.

CPRE believes the main issues to be decided are; • The need for wind energy generation at this site, having regard to the national, regional, county and district targets for renewable energy generation • The effects of this proposal on the character and appearance of the area, including Exmoor National Park and its wider setting, and also Rackenford, Knowstone and Haresdown Moors. • The effect of this proposal on the residential amenity of persons living nearby, and

• The effect upon other nearby land-users and the wider local economy.

After studying this application CPRE believes that the benefits to be gained from this site in terms of renewable energy generation and any consequent savings in greenhouse gas emissions do not outweigh the negative impact upon the landscape, especially Exmoor National Park and its wider setting, and upon the neighbouring moors, the substantial negative effect upon the residential amenity of those living nearby, other nearby land-users, and the wider local economy. CPRE believes that this site is wholly inappropriate for a scheme such as this.

Accordingly, CPRE wishes to object to this application and respectfully requests that you recommend refusal.