Report Reference: 6.0 Policy and Scrutiny

Open Report on behalf of Richard Wills, Executive Director for Communities

Report to: Environmental Scrutiny Committee Date: 2 March 2012 County Council’s Position Statement on Subject: Wind Farms - Update KeyDecision decision? Reference: No Summary: This report is concerned with reviewing the County Council's Position Statement on Wind Farms in the light of:

· National Policy Statement for Renewable Energy; · the contents of the draft National Planning Policy Framework; · recent planning appeal decisions; · issues raised by the Davis & Davis v R C Tinsley Ltd case (Deeping St Nicholas Wind Farm); · existing and draft planning policies; Regional and those under consideration by the District Councils; · report on Low Carbon Energy Opportunities: Land Use Consultants March 2011; · Central Lincolnshire Renewable and Low Carbon Energy Study; · Historic Landscape Character of the County of Lincolnshire and recommends amendments to the current statement.

Actions Required: The Committee is invited to: i) consider the suggested changes to the statement in the light of the more recent documents and developments. ii) recommend that the amendments to the current statement be forwarded to the Executive for consideration.

1. Background

The Position Statement on Wind Farms was adopted by the County Council in May 2010 (Executive 4 May 2010, Decision reference 01722). The statement had been considered by this Committee on 5 March 2010 and 23 April 2010. (A copy of the Position Statement is appended to this item).

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Planning Position

With regard to wind turbine developments, the County Council is not the local planning authority. The County Council is, however, often asked for comments on proposals for new wind farms either because of the scale of the development or a specific interest, for example, a proposed development in the Coastal Country Park (at Creek). For proposals for wind farms under 50Mw in capacity the District Councils are the local planning authorities, whilst for developments over 50Mw the Infrastructure Planning Commission and now the Secretary of State for Energy is the local planning authority. In the case of wind farms of 50Mw and above the County Council is a statutory consultee, for wind farms below 50Mw it is discretionary for a District whether the County Council is consulted or not.

The District Councils through the Local Development Framework Core Strategy, or Local Plans, are responsible for preparing and adopting land use policies on renewable energy. The County Council is a consultee on these draft policies, and in the case of Central Lincolnshire and South East Lincolnshire, has an input into the development of the draft policies.

Review of the last two years

At a political level there has been much interest in the County Council’s Position Statement. This interest has extended to other authorities beyond the , as well as to Members of Parliament. The Position Statement has been used as the basis for formulating comments on planning applications. However the number of consultations received has been low. Whilst providing a consistent approach for making comments on wind farm proposals, the weight afforded to any representations is restricted by the fact that the Statement is not and cannot be part of the Development Plan.

The Statement has been used in response to consultations. Proposals at Orby, Baumber and Anderby have so far not met the criteria though others have. Two proposals have met the criteria, one application is pending and the other, the District Council made objections to the Secretary of State.

The Statement is somewhat constrained by not being a development plan policy. Nonetheless the Statement’s influence should not be underestimated, as it brings together those issues that need to be considered in developing policy and assessing planning applications.

More recently concern has been expressed by Councillors that the county may have taken more than its share of wind farm developments and, due to the subtle landscape, the visual impact has, and would be, significantly more than in other areas.

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Changes, Existing and Proposed at a national level National Planning Statement for Renewables

On 18 July 2011 the House of Commons debated and approved six National Policy Statements for Energy, including a Statement on Renewables (EN-3). The Localism Act 2011 means the National Policy Statements for Energy will be the primary documents for the new National Infrastructure Division within the Planning Inspectorate. These documents will therefore be used in the examination for proposals for energy infrastructure. The content of the National Policy Statement for Renewable Energy Infrastructure (EN-3) is summarised as follows:

Role: Provision of overarching national policy. Scope: Proposals for 50Mw onshore wind farms and other renewable energy generation projects.

Factors influencing site selection include:

· Predicted wind speed. · Distance from dwellings. An appropriate distance should be maintained between wind turbines and sensitive receptors. Visual amenity and noise are the criteria for determining separation distances. No actual distances specified. · Capacity of site. A spacing of six rotor diameters is normally required of the direction of the prevailing wind, and for rotor diameters perpendicular to this. · Availability and feasibility of grid connection. · Suitable access routes to the proposed site for construction and operation.

The lifetime of a project is deemed to be 25 years. It is envisaged that during the 25 years these sites will have to be repowered with more up to date turbines. In the layout a tolerance of between 30m and 50m would be allowed to microsite the turbines to allow for unforeseen events. Potentially however, micrositing may be restricted by condition.

With relation to impacts the following guidance is provided:

· Historic Environment. Visualisations have to be provided to show potential impact, the temporary nature of the proposal also is stressed. · Landscape impact. The arrangement of turbines should be such as to minimise the impact, although it is acknowledged that such large structures will have an impact. Whilst siting and scale may reduce impact, these must be balanced against the ability to generate electricity. · Noise and Vibration. Noise and vibration must be kept within acceptable limits. If working within recommended noise limits, the

Page 3 policy statement states that little or no weight would be given to adverse noise impacts from the operation of the turbines. With respect to vibration the statement advises, “there is no evidence that ground transmitted low frequency noise from wind turbines occurs at a sufficient level to harm human health.” · Shadow Flicker. The sporadic variation of shadows resulting from the rotation of wind turbine blades on occupied buildings, is stated as having an unlikely impact at distances greater than ten rotor diameters from a turbine. · Traffic and Transport. The potential impact of vehicles transporting components, such as blades between 30m and 45m in length, needs to be considered. The weight, up to 100 tonnes is also a material consideration in assessing access.

National Planning Policy Framework

The National Planning Policy Framework is due to be adopted during 2012 and will replace the existing Planning Policy Statements/Guidance Notes (omitting The Guidance Note on Waste Planning). The key theme of the Draft National Planning Policy Framework is delivering sustainable development. Sustainable development is defined as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs.” There are three components of sustainable development:

· Planning for Prosperity (an economic role) · Planning for People (a social role) · Planning for Places (an environmental role)

At the heart of the new system is the presumption in favour of sustainable development. In assessing impact the starting point is policy, “unless the adverse impacts of allowing development would significantly and demonstrably outweigh the benefits, when assessed against the policies in [the] Framework taken as a whole.”

Under the section “Planning for Places”, consideration is given to matters concerning climate change, flooding and coastal change. Support is given to the delivery of renewable and low carbon energy infrastructure. In supporting the delivery of renewable and low carbon energy, local authorities are advised they should:-

· Have a positive strategy to promote energy from renewable and low carbon sources; · Design policies to maximise renewable and low carbon energy development while ensuring that adverse impacts are addressed satisfactorily; · Identify suitable areas for renewable and low carbon energy sources, and supporting infrastructure; · Support community led initiatives;

Page 4 · Identify opportunities where development can draw its energy supply from decentralised, renewable or low carbon energy supplies.

When dealing with applications, local planning authorities are advised to apply the presumption in favour of sustainable development and not require applicants to demonstrate overall need. The presumption is that those applications where the impacts are or can be made acceptable by condition should be approved.

In the section on the natural environment the Draft National Planning Policy Framework states the planning system should aim to conserve and enhance the natural and local environment by protecting valued landscapes, minimising impacts on biodiversity and preventing both new and existing development from contributing to or being part of unacceptable risk from, or being adversely affected by unacceptable levels of land, air, water or noise pollution or land instability.

With respect to valued landscapes, local authorities should set out a strategic approach in their local plans, planning positively for the creation, protection, enhancement and management of networks of biodiversity and green infrastructure. Specifically authorities should:

· Maintain the character of the undeveloped coast · Give greater weight to protecting landscape and scenic beauty in designated areas

Policies should take account of the need to plan for biodiversity on a landscape scale across local authority boundaries. Also local planning authorities should promote the preservation, restoration and recreation of priority habitats.

Appeals and Court Cases

Baumber

The Baumber wind farm proposed was for eight wind turbines. The appeal was dismissed on the following grounds:-

· The proposal would bring adverse change to the landscape, both in terms of its character and appreciation; · Impact upon the Lincolnshire Wolds Area of Outstanding Natural Beauty “and the wider context of extensive landscape with far reaching vistas which are generally untainted by other intensive development”. · “the living environment of two dwellings close to the wind farm would be marred to a major degree and the occupants of the dwellings would suffer unacceptable living conditions”.

This appeal decision underlined the arguments that it is not just the Area of Outstanding Beauty itself which is important, but also the views to and from it. The importance of the wide open vistas, especially those to Lincoln Cathedral are also acknowledged in the decision letter.

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Anderby Creek

The Anderby Creek application involved a proposal for six turbines located close to the coast in the area defined as the Coastal Country Park. The appeal was dismissed on the following grounds:-

· Visual impact upon the beech and dunes. · Cumulative impact on the beech and dunes of the proposal combined with off shore wind farms

Again the importance of protecting landscape that is not nationally designated is reinforced. The critical element being the consequential reduction in visual amenity for residents and visitors alike.

Deeping St Nicholas

The financial settlement between the named parties took place out of court and therefore no legal judgement was given. However, it is evident that the need for the operator to settle out of court was due to questions raised over the validity of data in association with acoustic variations. Specifically the issue of aerodynamic modulation was raised, whereby the direction of the wind and the layout of the wind farm caused a greater noise.

Existing and Draft Planning Policies

Regional Spatial Strategy

The Regional Spatial Strategy for the East Midlands (March 2009) is to be withdrawn under the provisions of the Localism Act 2011 once the procedure on Environmental Statements has been concluded. Policy 40 of the Plan sets out the criteria for assessing low carbon energy generation proposals. With respect to on shore wind generation, local planning authorities are required to give particular consideration to:-

· Landscape and visual impact, informed by local landscape character assessments; · The effect on the natural and cultural environment (including biodiversity, the integrity of designated nature conservation sites of international importance, and historic assets and their settings); · The effect on the built environment (including noise intrusion); · The number and size of turbines proposed; · The cumulative impact of wind generation projects, including “intervisibility”; · The contribution of wind generation projects to the regional renewables target; and · The contribution of wind generation projects to national and international environmental objectives and climate change.

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No targets were set in the policy for individual counties, although indicative targets appear in Appendix 5 to the plan. The on shore wind target was 122Mw by 2010, 175Mw by 2020. In 2006 the capacity was 54Mw. Whilst no breakdown was given by county area, it is clear in the supporting text to Policy 40 “that there are some sites available for large wind developments and more for smaller scale wind developments at farm/settlement level”.

The Final Report of the East Midlands Regional Plan Annual Monitoring Report 2007/08 (published February 2009) stated that by 2007 132.3 GW/h were being produced by wind/wave energy. The 2008/09 report (published February 2010) stated that 70.1Mw (177 GW/h) was being generated by wind/wave energy. During the latter years of the East Midlands Regional Assembly the level of renewable energy required was being expressed as a percentage off set of energy consumed in an area. The data came from a Faber Mansell Study: Reviewing Renewable Energy and Energy Efficiency Targets for the East Midlands (May 2009).

The current (last Regional Spatial Strategy) did not include County targets. The 2005 version in Appendix 6 did, however, breakdown the regional target by County. Lincolnshire’s total renewable target for the period up to 2010 was 72.8Mw, of which 42Mw was assumed to be met by onshore wind farms. The regional target was 671.6Mw of renewable energy, of which 122Mw was to be from onshore wind. The targets were based upon the Land Use Consultant’s and I T Power Ltd’s report: Viewpoints on Sustainable Energy in the East Midlands (2001). At the time the report assessed the potential for wind farms based upon identifying areas of a wind speed greater than 6.5 m/s. The plans showed the Lincolnshire Wolds, a belt around the coast, the Lincoln Edge and the Kesteven Uplands as areas meeting the wind speed criteria.

Policy 41 of the 2005 states that the targets are indicative. Paragraph 4.3.57 also states “...... it should not be inferred that once the targets have been met within an area, efforts should not continue to delivery additional renewable schemes.” In the Panel’s report on the draft Regional Spatial Strategy submitted to replace the 2005 version, it is stated:

“We can see the advantages of setting sub-regional targets in terms of engaging the local level of stakeholders, but do not see how this can be achieved at present given the lack of any substantial evidence base to justify sub-regional targets.” The measurement against the 2005 targets therefore has no grounding in policy and is academic.

Low Carbon Energy Opportunities and Heat Mapping for Local Planning Areas Across the East Midlands (March 2011)

The study was commissioned by the East Midland’s Councils to assist local planning authorities in the development of their strategies and plans. Lincolnshire is identified in the study as having the greatest potential for onshore wind farm development. It is noted that wind farm development is constrained within the

Page 7 districts of Boston and South Holland due to the sensitivity of birds to such developments around The Wash.

Lincolnshire Wolds Area of Outstanding Natural Beauty is also ruled out as an area for wind farm development by the study, as is a 2km zone around The Wolds.

The study uses an opportunity mapping technique to assess the suitability or otherwise of areas for wind farm developments. From the opportunity mapping the potential energy generating capacity was calculated for each district area between 2020 and 2030. Wind capacity remains the same, however, the overall generating capacity through other technologies, changes. The table below shows the calculated capacity.

Technical Resource Potential for Wind Turbines (source Land Use Consultants Report 2011)

All figures in Mw

Boston East Lincoln North South South West Lindsey Kesteven Holland Kesteven Lindsey Technology Large Wind 215.69 1,325.11 4.36 1,215.21 765.63 1,802.90 1,308.04 Medium Wind 2.54 816.08 0.44 25.29 11.45 41.16 25.60 Total Electricity 432.93 2,383.54 212.59 287.77 1,347.53 2,847.09 2,218.08 in 2020

The study acknowledges the County Council’s Position Statement on wind farms, but makes no comment thereon. Appended to the study are a series of wind farm opportunity maps. These maps take account of various community and landscape assets in identifying potential areas for wind farms.

Central Lincolnshire Renewable and Low Carbon Energy Study (November 2011)

The Central Lincolnshire Joint Strategic Planning Committee, at its meeting on 5 December 2011, resolved to approve the Central Lincolnshire Renewable and Low Carbon Energy Study as part of the Local Development Framework evidence base. The Study was undertaken by AECOM on behalf of the Central Lincolnshire Joint Planning Unit and sets out how the targets of 60% of electricity from renewable energy resources by 2026 and 17% of heat from renewable sources within the same period.

In the executive summary it states that in the East Midlands study (referred to above) 50% of the technical potential for renewable electricity is from large scale wind farms, with North Kesteven and West Lindsey having some of the highest potential in the region. The opportunity map for renewable energy generation in Central Lincolnshire sets out an exclusion zone around each settlement, excludes the Lincolnshire Wolds, the Trent Scarp, the Lincoln Edge and Riseholme Park, the rest of the area is seen as having a high potential for either small scale or large scale wind turbine developments.

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By November 2011 there had been no large scale wind farm developments undertaken within Central Lincolnshire, although pending applications amounted to a potential 57,900 Kw of energy production. A comparison table for Lincolnshire authorities appears at Table 19 which shows the energy capacity in existence in 2011 in Gwh.

Central Boston South South Lincolnshire Holland Kesteven Wind (Gwh) 0 68.3 67.8 63.1 0 Total (Mwh) 39.9 119.9 77.8 64.0 22.6

It is recognised in the study that the electricity network and grid would have to be improved to accommodate any significant increase in generating capacity.

As a result of workshops run by the consultants preparing the report, it was calculated that in a “business as usual” scenario Central Lincolnshire has a capacity for 120 Mw of large scale wind farm energy generation and 8 Mw for medium scale wind farms. If the full potential, within current guidelines was taken, then the capacity would be 1267.5 Mw of large wind farm capacity and 72 Mw for medium scale wind farms.

In the recommendations the need for a clear policy base is stressed, especially if potential is to be met. The approach taken in North East , where suitable areas for wind farm development are identified, is advocated. In connection with this the consultants recommend a clear policy be developed on wind turbine developments and bio-crop growth in the Wolds, also, they “...... recommend that a policy for wind energy be tied to a flexible visual impact assessment process, rather than a blanket restriction. A smaller wind turbine size limit may be a suitable policy regarding the Wolds.” The renewable energy opportunities map is advocated as a tool to assess proposals.

Draft Central Lincolnshire Core Strategy Policy on Renewables (January 2012)

The Central Lincolnshire Joint Strategy Planning Committee considered a draft renewable policy at it’s meeting on 9 January 2012 and agreed the policy be included in the consultation version of the Core Strategy. The consultation draft policy is appended to this item. As a core policy there is little detail, only strategic aims and objectives. It should also be noted that this consultation draft policy must be read in conjunction with other elements of the core strategy that relate to green infrastructure, design, environmental quality and other amenity issues. The development management policies that follow the production of the core strategy will provide more detailed guidance. It should be noted that West Lindsey District Council has produced a statement on renewable energy developments to influence this process.

Page 9 South Kesteven District Council Core Strategy (Adopted July 2010)

South Kesteven District Council has an adopted core strategy, the only one in Lincolnshire. The renewable energy policy is as set out below.

EN3 RENEWABLE ENERGY GENERATION

The District Council will grant planning permission for proposals to generate energy from renewable sources, subject to the proposals according with the other Core Strategy policies, national guidance and complying with the following criteria:

The proposal can be connected efficiently to existing national grid infrastructure, unless it can be demonstrated that energy generation would be used on-site to meet the needs of a specific end user.

The proposal should make provision for:

· The mitigation of the real emissions/impacts arising form the installation of the renewable energy generation · The removal of the facilities and reinstatement of the site, should the facilities cease to be operational.

Again the policy needs to be considered in the light of other core strategy policies, particularly those relating to the protection of the character of the districts. A key element in supporting these policies is the Landscape Character Assessment (FPCR January 2007), which considers not only the character of an area, but also it’s capacity to accommodate development in visual terms.

The Historic Character of The County of Lincolnshire (September 2011)

A joint project between English Heritage, Lincolnshire County Council, district and unitary authorities concerning the historic County of Lincolnshire and the classification of the historic character of Lincolnshire has been set out on an area basis. Each area has been assessed in terms of what exists of the various historical periods and its legibility, namely the extent to which past landscapes can be identified in later ones. The extent of legibility defines if a landscape has high historical importance, for example, the farmland around Sutton St James in South Holland exhibits early medieval land reclamation traits. Further work would be required to assess the importance of remnant landscapes and the potential impact development would have upon them.

An example of this, as referred to above is the town lands within The Wash Character Area.

Page 10 Legibility

“The area is the oldest character zone within the reclaimed marsh and fen landscapes and, as such, displays the greatest range of time depth. Economic trends, climatic changes and ever more ambitious drainage engineering works since the late Anglo-Saxon period are visible within the fabric of the historic landscape.

The zone is distinct from other zones around The Wash due to the higher density of settlement, and more irregular field boundary morphology. The “island-like” colonisation of the zone and its subsequent prosperity through the exploitation of surrounding marsh and fen is clearly manifested in the landscape, giving the area a national distinct historic character.”

Assessment of Current Statement

It is evident that whilst criteria policies including separation distances are still not supported by Central Government, the practice and capacity assessment models are using greater distances than those in the 2010 Statement. Each element is assessed in turn in the following paragraphs.

COUNTY COUNCIL POSITION STATEMENT OF INTENT a) Landscape and Visual Impact

The County Council considers that onshore wind energy developments (not including micro wind energy sites) are only acceptable where they are:-

· located outside highly sensitive landscape areas as defined in Landscape Character Assessments. The importance of uninterrupted vistas is an important aspect of the character of the Lincolnshire landscape and therefore afforded great significance when considering the potential visual impact of developments.

Comment The definition of sensitive landscapes is very much a matter for District Councils in preparing Landscape Character Assessments as part of their local development frameworks.

· located outside of areas defined in Landscape Character Assessments as having a low landscape capacity to visually accommodate wind turbine development.

Comment The sensitivity of a landscape is very much a part of the Landscape Character Assessment.

Page 11 · located outside of the Lincolnshire Wolds Area of Outstanding Natural Beauty, not within 2km of the boundary of the Lincolnshire Wolds Area of Outstanding Natural Beauty or greater where there are specific views present.

Comment Whilst set off distances cannot be incorporated into District Council planning policies, as a position statement the County Council can set such a benchmark in its response to consultations. The accepted national distance from consultants is 2km, although there is a need to consider greater distances where specific views are present.

Comment In view of the decision on the Anderby wind farm appeal, it is considered that the sand dunes and coastal conservation area should be afforded protection from discordant developments such as wind farms. Suggested working:-

“located outside of the coastal strip, formally defined as the coastal conservation area, and those outside of the coastal strip to demonstrate they would not have a detrimental impact upon the open coast.”

The 2km distance is used in Scotland and it is considered that as most wind farms now have 100m plus towers that the zone of prominence should be standardised on 2km;

· located sufficient distance from town and villages so as not to be too prominent, for example, outside of 2km from defined settlement boundaries (those in the development plan);

Comment The work undertaken by consultants on capacity models has excluded those areas considered to be significant landscapes. It has been established in national planning guidance that non-statutory landscape designations should not appear in development plans. However, there are areas where projects are currently underway to improve the quality of the landscape in order to increase a district’s green infrastructure provision. It is therefore considered appropriate that landscape wide projects are also provided with protection from inappropriate large scale developments. The draft National Planning Policy Framework urges local planning authorities to have policies which positively promote the creation, protection, enhancement and management of networks of biodiversity and green infrastructure, also to protect valued landscapes various areas have and are the subject of projects to enhance biodiversity and provide a network of green “infrastructure”. These would include established project areas such as the following:-

Page 12 o Coastal Country Park; o Witham Valley Country Park; o Trent Vale; o Lime Woods o Kirkby on Bain Valley o Baston Fen o Laughton Woods; o South Kesteven Woods; o Cover Sands; o Coastal Grazing Marshes.

· located so as not to diminish the visual experience of an acknowledged view point, for example, outside of a 10 km visibility cone of an acknowledged view point as shown on Ordnance Survey maps;

Comment The 10km separation distance has been used in other assessments, however, the issue of developments merging can occur over 10km due to the height of the turbines. The use of specific distances is therefore not considered appropriate in relationship to the separation between wind farms.

· located such that they would not merge with the existing developments (on and off shore), thereby resulting in a negative cumulative visual impact;

There is a presumption against wind turbine developments on the grounds of negative cumulative visual impact, unless demonstrated otherwise, in the following circumstances:-

- wind turbines detached by more than 500 metres but within 4km of an existing wind turbine development;

- settlements of more than 10 dwellings should not have wind turbine developments in more than 90° of their field of view, this normally equates to 10km from windows in residential properties;

- individual dwellings should not have wind turbines in more than 180° of their field of view. b) Impact on the Historic and Natural Environment

· Wind turbine development should not take place in locations where:

- the context of a historic garden, park, battlefield or designated conservation area would be visually compromised (normally a 2km zone should be avoided dependent upon a site specific assessment);

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- the visual dominance of Lincoln Cathedral would be compromised; (see also Regional Plan Policy SR10);

- the visual significance of church spires and historic/architecturally important buildings would be compromised. Wind turbine development within 2km of such buildings should be avoided and up to 5km where there is likely to be “conspicuous” impact;

- there are defined areas of historic landscape and townscape importance, as defined by the Historic Landscape Characterisation Assessment and local planning authorities, and to protect the integrity of such sites in the immediate vicinity, for example, a 2km area around them;

- the development would be in or in proximity to an international site of nature conservation interest (normally a 2km distance) and of a Site of Special Scientific Interest (on average 40 metres, although this may extend to 800 metres with regard to a site of important ornithological interest);

c) Residential Amenity

Amenity of existing residential occupants must be maintained at an acceptable level, therefore the following criteria shall be applied:-

· no wind turbine developments shall be constructed in close proximity of a residential property (the accepted distance for separation is 700 metres) and only upon the provision of an assessment demonstrating acceptable noise levels within 700 metres to 2km;

· no wind turbines shall be constructed within a distance of a factor of ten times the diameter of the blades of a residential property to mitigate against flicker, unless intervening topography/structures negates the impact.

Comment The calibration of noise, low frequency noise, amplitude moderation (noise caused by movement of wind turbines through the air) and vibration can only be considered in relation to the specific site concerned. Amplitude modulation is, for example, more noticeable further away from the turbine (up to 2km away) and the impact is variable depending upon the presence of other features in the landscape. Whilst these matters are site and design specific, it is considered important that reference is made to them in the statement. Suggesting wording to be:-

Page 14 “Wind farm developments must demonstrate that they would have no unacceptable impact due to noise, amplitude modulation, low frequency sound or vibration on residential amenity.” d) Related Infrastructure

· The presumption is for connecting cables to be placed underground and use made of existing or replacement pylons (of the same size and scale) along existing routes to carry the additional base load cabling.

Comment Access for construction and maintenance vehicles is an issue in rural areas and it is considered that reference needs to be made to this in the statement. Particularly reference is required with regard to the potential changes to the character of an area due to significant carriageway alignment changes and, the possibility for commuted sums being required to pay for any reduction experienced in the fabric of the roadway. e) “Local Economy

Whether individually or cumulatively wind farm developments should not have a negative impact upon the local economy, particularly upon tourism.” f) Large scale renewable proposals should demonstrate that they deliver economic, social, environmental and/or community benefits that are directly related to the proposed development and are of a reasonable scale and nature to the local area.

2. Conclusion

The planning guidance that is still extant only enables local planning authorities to afford in policy terms direct protection of statutory landscape and historic site/building designations. In the forthcoming National Planning Policy Framework the draft guidance gives greater latitude for justifying the protection of locally important areas. As the County Council is not a local planning authority for wind farms (this being a Secretary of State or District matter), the County Council can raise concerns or set down a marker in its statements on such developments. The statements must, however, be supported by technical, landscape and historic environment reasons.

It is essential that a systematic criteria based approach is taken in the development of core strategies. The County Council’s position statement provides such assessment criteria. The concern is, however, that under the current system, criteria used in core strategies has to be general, leading to uncertainty and potentially inconsistencies across the county.

Page 15 There is a need to ensure that landscape assessments and sensitivity are assessed on the basis of common criteria. In this respect the duty to co-operate should be applied by Districts drawing up Landscape Assessments.

As the renewable energy production target figures produced in the first Regional Spatial Strategy have no validity, and the more recent figures are based upon assumed potential, no reliance can be given to these to justify Lincolnshire has reached its capacity. It is common with recent decision notices on appeals that it is policy, amenity and landscape impact which are the key areas of concern.

3. Consultation

No consultation has been undertaken on this matter to date.

a) Policy Proofing Actions Required The Policy Proofing Tool Kit does not indicate any adverse issues with respect to the statement that cannot be mitigated.

In relation to policy proofing, the concern of communities in Lincolnshire, expressed through objections to proposals, is noted. With respect to this the concern that too many wind farms would erode the character of Lincolnshire has a high profile. The potential for wind farms to have a negative impact upon biodiversity, nature and environmental assets was also identified. Seeking to restrict the potential negative impacts, the statement would also see the significant reduction in potential areas for the development of wind farms. This could result in:

· loss of income for individual farmers; · the reduction in potential renewable energy production capacity; · reduction in potential employment in this sector locally.

The statement, however, is seen as protecting the character of Lincolnshire which is a significant asset in the promotion of tourism and economic regeneration infrastructures.

4. Appendices

These are listed below and attached at the back of the report Appendix A Central Lincolnshire: Policy CL3 - Renewable and Low Carbon Energy Appendix B County Council Position Statement

5. Background Papers

The following background papers as defined in the Local Government Act 1972 were relied upon in the writing of this report.

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Document title Where the document can be viewed National Planning Statement for Planning, Witham Park House, Renewables (July 2011) Waterside South, Lincoln LN5 7JN Draft National Planning Policy Planning, Witham Park House, Framework (DCLG 2011) Waterside South, Lincoln LN5 7JN East Midlands Regional Spatial Planning, Witham Park House, Strategy (March 2009) Waterside South, Lincoln LN5 7JN Low Carbon Energy Opportunities and Planning, Witham Park House, Heat Mapping for Local Planning Areas Waterside South, Lincoln LN5 7JN Across the East Midlands (March 2011) Central Lincolnshire Renewable and Planning, Witham Park House, Low Carbon Energy Study (November Waterside South, Lincoln LN5 7JN 2011) Draft Central Lincolnshire Core Planning, Witham Park House, Strategy Policy on Renewables Waterside South, Lincoln LN5 7JN (January 2012) South Kesteven District Council Core Planning, Witham Park House, Strategy (Adopted July 2010) Waterside South, Lincoln LN5 7JN The Historic Character of the County of Planning, Witham Park House, Lincolnshire (September 2011) Waterside South, Lincoln LN5 7JN Renewable Energy Statement, West Planning, Witham Park House, Lindsey District Council (29 November Waterside South, Lincoln LN5 7JN 2011) Planning Application 09/1067/S36 – Planning, Witham Park House, Electricity Act 1989 Notification – Land Waterside South, Lincoln LN5 7JN at Six Hundred Farm, Six Hundred Drove, East Heckington. Committee Report, North Kesteven District Council 30 January 2012 Appeal Decision. Chase Farm, Planning, Witham Park House, Baumber, Horncastle – Decision Notice Waterside South, Lincoln LN5 7JN 16 December 2010 Appeal Decision. Anderby Creek – Planning, Witham Park House, Decision Notice 29 September 2011 Waterside South, Lincoln LN5 7JN Davis & Davis v R C Tinsley Ltd – 22 Planning, Witham Park House, July 2011 Waterside South, Lincoln LN5 7JN

This report was written by Alan Freeman, Head of Planning, who can be contacted on 01522 554827 or [email protected].

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