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APP/H0520/A/13/2197548 Your Conor Rafferty Esq. Our Ref: APP/H0520/A/13/2197548 Eversheds LLP Your ref: J Bowater156396/000059 115 Colmore Row Birmingham B3 3AL 3 December 2014 Dear Sir TOWN AND COUNTRY PLANNING ACT 1990 (SECTION 78) APPEAL BY RWE INNOGY UK LTD (FORMERLY RWE NPOWER RENEWABLES LTD) LAND TO THE NORTH OF A14 TRUNK ROAD AND VILLAGE OF BYTHORN AND NORTH EAST OF MOLESWORTH VILLAGE, CAMBRIDGESHIRE APPLICATION REF: 1200967FUL 1. I am directed by the Secretary of State to say that consideration has been given to the report of the Inspector, R P E Mellor BSc DipTRP DipDesBEnv DMS MRICS MRTPI, who held a public local inquiry between 10-14 and 17-19 December 2013 into your client’s appeal against the non-determination of an application by Huntingdonshire District Council (the Council) for the erection of six three-bladed horizontal axis wind turbines, 126m high to blade tip with associated infrastructure including: new vehicle access, onsite access tracks, foundations, external transformers (if required), crane hardstanding areas, one permanent anemometry mast, one temporary anemometry mast, temporary construction compound, control building and compound and underground cabling, in accordance with application ref 1200967FUL dated 13 June 2012. 2. On 11 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, because the appeal involves a renewable energy development. Inspector’s recommendation and summary of the decision 3. The Inspector recommended that a split decision be issued such that the appeal is allowed in respect of the 3 western turbines but dismissed in respect of the 3 eastern turbines. For the reasons given below, the Secretary of State disagrees with the Inspector’s recommendation, dismisses the appeal and refuses planning Department for Communities and Local Government Tel: 0303 444 1634 Planning Casework Division, Email: [email protected] SE Quarter, 3rd Floor, Fry Building, 2 Marsham Street London SW1P 4DF permission. A copy of the Inspector’s report (IR) is enclosed. All references to paragraph numbers, unless otherwise stated, are to that report. Procedural matters 4. In reaching this position, the Secretary of State has taken into account the Environmental Statement (ES) which was submitted under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (IR5, 69(2), 449 and 450). The Secretary of State considers that the ES complies with the above regulations and that sufficient information has been provided for him to assess the environmental impact of the proposals. Matters arising after the close of the inquiry 5. Following the close of the inquiry, on 6 March 2014, the Government issued new planning guidance. The written comments of the main parties on any relevant implications of that guidance have been sought and taken into account in the Inspector’s Report (IR1). 6. In addition, on 9 May 2014, the Secretary of State wrote to the main parties inviting comment on a recent Court of Appeal judgment relating to proposals affecting the protection of heritage assets under section 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1991. 7. Responses were received from Bob Barfoot on behalf of Stop Molesworth Wind Farm Action Group (SMWFAG) dated 2 June, from the Council also dated 2 June and from David Hardy at Eversheds on behalf of the appellant again dated 2 June. The Secretary of State has taken account of these responses in his consideration of the appeal before him. As the responses were copied to the main parties, he does not consider it necessary to summarise their responses here or attach them to this letter. Copies of the correspondence can be obtained upon request to the address at the bottom of the first page of this letter. 8. After the inquiry closed, Huntingdonshire District Council adopted the Supplementary Planning Document (SPD): Wind Energy Development in Huntingdonshire 2014 on 19 June 2014. This SPD deals with issues of landscape and visual impact for wind energy development proposals, identifying which landscape character areas are more or less suitable for wind turbine development of different types. That includes the Northern Wolds LCA which is considered to have a low capacity for a medium scale group of 6-12 turbines and a moderate capacity for a small scale group of 2-5 turbines. 9. The Secretary of State notes that the 2014 SPD replaces the Wind Power SPD adopted in 2006 (WP SPD), which has been revoked. In his report, the Inspector considered the WP SPD to be an important material consideration and because the 2014 SPD was only in draft form at the time of the inquiry, the Inspector afforded it only limited weight (IR41). The Secretary of State considers that due to the document’s current status now that it has been adopted by the District Council, it merits significant weight in his consideration of this appeal. However, as the Inspector and parties were aware of the document, albeit in draft form at the time of the inquiry, he does not consider it constitutes new evidence requiring further reference back to the parties. Policy considerations 10. 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. 11. In this case the development plan consists of the saved policies of the Huntingdonshire Local Plan (1995) and Alteration 2002 (except those superseded by the Core Strategy), the Huntingdonshire Local Development Framework Core Strategy (2009), the Huntingdon West Area Action Plan (2011) and the Cambridgeshire and Peterborough Minerals and Waste Development Plan Core Strategy Development Plan Document (2011). The Secretary of State considers that the policies identified in IR25-28 are the most relevant policies to this appeal. 12. Other material considerations which the Secretary of State has taken into account are those outlined in IR29-55, particularly the Huntingdonshire Landscape and Townscape Assessment SPD (2007) and the Wind Energy Development in Huntingdonshire Supplementary Planning Document 2014. The Secretary of State has also taken into account the planning practice guidance published in March 2014; the National Policy Statements (NPS) for Energy (EN-1) and Renewable Energy (EN-3); and Ministerial Written Statements on renewable energy published in June 2013 by the Secretary of State for Energy and Climate Change and by the Secretary of State for Communities and Local Government and both Written Ministerial Statements on renewable energy published by the Secretary of State for Communities and Local Government in October 2013 and April 2014. 13. In accordance with section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the LBCA), the Secretary of State has paid special attention to the desirability of preserving listed structures or their settings or any features of special architectural or historic interest which they may possess. The Secretary of State has also paid special attention to the desirability of preserving or enhancing the character or appearance of conservation areas, as required by section 72(1) of the LBCA. 14. At the Inquiry, the Inspector gave consideration to both the development of the submitted 6 turbine scheme and also the possibility of a split decision whereby some but not all of the turbines would be permitted (IR67-68). Both the full 6 turbine scheme and the 3 turbine scheme which includes the western turbines T1, T3 and T5 but which excludes the eastern turbines T2, T4 and T6 are considered below. Main Issues Benefits 15. The Secretary of State agrees with the Inspector’s assessment of the renewable energy, economic and other benefits of the scheme at IR548-553. He agrees that there is no dispute that the proposal, whether as submitted or as a reduced 3 turbine proposal, would make a very significant and useful contribution to renewable energy. He also agrees that the contribution it would make to renewable energy production and CO² savings attract considerable weight in favour of the proposal (IR554). Landscape Character Key views to Church Spires 16. The Secretary of State has given careful consideration to the Inspector’s assessment of impacts on church spires at IR466-475, particularly the impact of the turbines on views of Keyston Church and Bythorn Church. In terms of the view of Keyston Church from the south west of the village, he agrees that although the 6 turbines would not dominate the church, they would be a significant distraction undermining the pre-eminent status of the spire above the village. Like the Inspector, the Secretary of State considers that the impact on the views from the south west would be reduced if only turbines T1, T3 and T5 were to be erected (IR 468). 17. Turning to Bythorn Church, the Secretary of State agrees that from views to the south of the village, the 6 turbines would again be seen on both sides of the church spire and would at best diminish and at worst usurp the role of the church tower in the landscape. However, like the Inspector, he considers the impact would be reduced if only T1, T3 and T5 were erected with all the 3 turbines appearing to the left side of the church (IR469). 18. The church spires are also seen when approaching the villages from the north- west and east. The Secretary of State agrees with the Inspector (IR471) that whilst these also include key views of the spires, in those views the spires would not be closely juxtaposed with the turbines.
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