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14-10-01 3-In-1 Starbold Wind Farm Stratford

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14-10-01 3-In-1 Starbold Wind Farm Stratford Michelle Smith Our Ref: APP/J3720/A/13/2193579 Eversheds LLP Your Ref: 181122.000004 Bridgewater Place Water Lane LEEDS West Yorkshire LS11 5DR 1 October 2014 Dear Madam, TOWN AND COUNTRY PLANNING ACT 1990 – SECTION 78 APPEAL BY BROADVIEW ENERGY LTD- THE ERECTION OF 4 No. WIND TURBINES. LAND BETWEEN BISHOPS ITCHINGTON, GAYDON AND KNIGHTCOTE TO THE SOUTH-EAST OF THE B4451 (APPLICATION REF: 12/00330/FUL) 1. I am directed by the Secretary of State to say that consideration has been given to the report of the Inspector, SRG Baird BA(Hons), MRTPI, who held an inquiry beginning on 10 September 2013 into your client’s appeal against the refusal of Stratford-On-Avon District Council (“the Council”) to grant planning permission for the erection of 4no. wind turbines up to a maximum tip height of 125m high, and other ancillary development including a new vehicular access off the Gaydon Road (B4551), access tracks, vehicular accesses, crane hard standing areas, a control building, underground cabling, construction compound and meteorological mast on land between Bishops Itchington, Gaydon and Knightcote to the south- east of the B4451. 2. On the 11th October 2013 the appeal was recovered for the Secretary of State's determination, in pursuance of section 79 of, and paragraph 3 of Schedule 6 to, the Town and Country Planning Act 1990 on the grounds that it involves a renewable energy development. Inspector’s recommendation and summary of the decision 3. The Inspector, whose report is enclosed with this letter, recommended that the appeal be dismissed and planning permission refused. For the reasons given below, the Secretary of State agrees with the Inspector’s conclusions and Department for Communities and Local Government Tel: 030344 42861 Richard Watson, Decision Officer Email: [email protected] Planning Casework 3rd Floor Fry Building 2 Marsham Street London SW1P 4DF recommendation, dismisses the appeal and refuses planning permission. All paragraph numbers, unless otherwise stated, refer to the Inspector’s report (IR). Procedural matter 4. In reaching this position the Secretary of State has taken into account the submitted Environmental Statement (ES) and the Further Environmental Information Report (FEI) (IR1.4). Overall the Secretary of State is satisfied that the ES and FEI comply with the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 and that sufficient information has been provided for him to assess the environmental impact of the proposal. Policy Considerations 5. In deciding the appeal, the Secretary of State has had regard to section 38(6) of the Planning and Compulsory Purchase Act 2004 which requires that proposals be determined in accordance with the development plan unless material considerations indicate otherwise. In this case, he agrees with the Inspector (IR3.21) that the development plan comprises the saved policies of the Stratford– on-Avon District Local Plan Review adopted in July 2006 (LP). 6. The Secretary of State notes that Proposed Submission Core Strategy (CS) was endorsed by the Council in July 2013 (IR3.29) and has since been published for consultation. He agrees with the Inspector that given the CS is at an early stage in the process only limited weight should be attached to its policies in the planning balance (IR10.70). 7. Other material considerations which the Secretary of State has taken into account include the National Planning Policy Framework (“the Framework”) and the planning guidance published in March 2014; the National Policy Statements (NPS) for Energy (EN-1) and Renewable Energy (EN-3); the Community Infrastructure Levy (CIL) Regulations 2010 as amended and Planning Practice Guidance for Renewable and Low Carbon Energy (2013). The Secretary of State has also taken into account the Written Ministerial Statements on renewable energy published in June 2013 by the Secretaries of State for Energy and Climate Change and for Communities and Local Government and the Written Ministerial Statement on renewable energy published by the Secretary of State for Communities and Local Government in April 2014. 8. In accordance with section 66(1) of the Planning (Listed Buildings and Conservation Areas)Act 1990 (the LB Act), the Secretary of State has paid special regard to the desirability of preserving those listed structures potentially affected by the proposals before him or their settings or any features of special architectural or historic interest which they may possess. Main Considerations 9. The Secretary of State agrees with the Inspector that the main issues in this case are those set out at IR10.2. 2 Living conditions Outlook 10. The Secretary of State agrees with the Inspector that the proposed turbines would appear unacceptably dominant and overbearing to Lower Spring Farm and as a result this property would become an unacceptable and unattractive place in which to live (IR10.10). Similarly he agrees with the Inspector’s conclusion in relation to Meadow Farm and finds that the proposed turbines would appear dominant and overbearing rendering this property an unacceptably unattractive place in which to live (IR10.12). He accepts the Inspector’s conclusion that at the property ‘Trotters’, the layout of the property is such that the impact of the proposed turbines would be reduced so that, taken in the round, it would not be an unacceptably unattractive place in which to live (IR10.13). He finds no reason to disagree with the Inspector’s conclusions that the impact of the proposed turbines on the properties identified in IR10.14 would be such as to make those dwellings unacceptable and unattractive places in which to live. Shadow Flicker 11. For the reasons given at IR10.15 the Secretary of State concludes that the proposed development would not result in significant effects as a result of shadow flicker and reflected light and that suitable conditions to control these effects could be attached to any grant of permission. Noise 12. The Secretary of State agrees with the Inspector that the noise assessment undertaken for the ES, and agreed with the Council’s Environmental Health Officer, is a sound basis for determining this appeal. He finds no reason to disagree with the Inspector’s conclusions that this assessment demonstrates that noise levels would fall within the relevant limits of acceptability for all locations, at all wind speed and directions, at all times (IR10.20). 13. The Secretary of State agrees with the Inspector at IR10.22 that there is insufficient evidence on the issue of the operation of wind turbines and serious health problems to consider departing from Government advice on the matter. Amplitude Modulation 14. The Secretary of State acknowledges the concerns raised by the Inspector in relation to the Local Planning Authority’s Suggested Conditions (IR10.23-10.29) and agrees with his conclusion at IR10.30 that the Suggested Conditions would not meet the policy tests of the planning guidance – Use of Conditions and paragraph 206 of the Framework. Heritage Assets 15. The Secretary of State agrees that, given the separation of the proposed turbines from the Heritage Assets identified in the LPA’s reasons for refusal, the potential for harm arises from the positioning of the turbines within their setting, i.e. non- physical harm (IR10.36). 3 16. The Secretary of State has carefully considered the inspector’s assessment of the impact of the proposed turbines on the three Heritage Assets (HAs) identified in IR10.37 and agrees with the Inspector’s conclusions that the potential impacts on the significance on each of those HAs would be minor, that is, less than substantial. He notes that paragraph 134 of the Framework states that where a development proposal will lead to less than substantial harm to the significance of a heritage asset this harm should be weighed against the public benefits in the planning balance. 17. In relation to the Burton Dassett Beacon Tower, the Secretary of State agrees with the Inspector’s conclusion that there would be a moderately harmful impact to its setting and its significance as a HA but, in terms of the balancing exercise required by the Framework, this would be less than substantial (IR10.40). 18. The Secretary of State agrees that although the harm to the HAs is not substantial it is a significant level of harm and weight should be attached in the planning balance given the statutory duty attached in section 66 of the LB Act. Landscape and Public visual Impact 19. The Secretary of State agrees with the Inspector’s conclusion that the wider NCA 96 landscape would be capable of absorbing the four proposed turbines without significant harm to its landscape character (IR10.44). 20. With respect to the public visual impacts of the proposed turbines identified in IR10.46, the Secretary of State agrees with the Inspector’s conclusions that these would be very significant and adverse. 21. The Secretary of State further agrees with the Inspector’s assessment of the extent of the area where a “Landscape with Wind Farms” would be created and his conclusion that the landscape and visual impacts would be significant (IR10.47). 22. The Secretary of State agrees with the Inspector’s conclusion at IR10.49 that the impact of the proposed turbines would materially and unacceptably reduce the amenity value of the Country Park and the public’s enjoyment and use of it. 23. The Secretary of State has carefully considered the Inspector’s assessment of the impact of the turbines on views both in and out the AONB and agrees with his conclusion that the proposal would have a moderately adverse effect it would not unacceptable detract from the character and appearance of the AONB (IR10.50). Equestrian Activity 24. The Secretary of State agrees with the Inspector’s reasoning and conclusions on the issue of equestrian activity at IR10.52-10.57.
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