Borough Council

Planning Application 2/2014/0520

Reference No: 2/2014/0520 Valid Date: 10/07/2014 Location: Arkleby House Farm Arkleby Applicant: Mr Harry Wilkinson

Drawing Numbers: CM00267049, received 7th November 2014. M20170 Turbine WES250 on 30m tower Substation Plan Location Plan

Proposed Installation of a WES250 250kW single wind turbine on a 31m hub Development: height, 45m tip height and associated infrastructure, including a substation. Recommendation: Refuse

Summ ary/Key Issues

Issue Conclusion

Principle of The Council seeks to promote the development of renewable and Development low carbon energy resources provided the impacts (either in isolation or cumulatively) are, or can be made acceptable. Visual and The proposed turbine will increase the proliferation of turbines in landscape impact the area and it is considered that it will have a significant adverse impact on the landscape of the surrounding area. Ecology Subject to mitigation it is considered that the proposed development would not have a significant adverse impact on nature conservation interests. Heritage The proposal will not have a significant adverse impact on any designated heritage assets Residential Impact The proposed turbine is within 800m of a number of residential properties, a number of which will have direct views of the turbine which is likely to have an adverse impact on the amenity of the residents of these properties. There is no evidence of support from the local community for a separation distance of less than 800m in this case.

Benefits The proposal will support expansion of the existing agricultural operation and improve the financial sustainability of a local swimming pool, as well as cutting greenhouse gases. Proposal

The proposal is for the erection of a single wind turbine, with an anticipated output of 250kW. The proposed turbine would be approx. 30m to hub height and 46.44m to tip height with 2 blades. The application includes for associated infrastructure including substation. The turbine hub and nacelle would be finished in pale grey with a matt finish, the mast will be a dull grey with a galvanised metal finish.

Site

The application site relates to agricultural land located to the north and west of the village of Arkleby. The proposed turbine would be sited within a field which has hedgerows to the field boundaries. Access would be from the road to the east of the site which links Arkleby to Ellen Villa/Prospect/Oughterside and the proposed turbine would be sited approx. 200m from that road. The land slopes generally downwards from the south, plateaus and then begins to rise gradually to the north towards Prospect and .

The nearest settlement is Arkleby to the south and east. Aspatria is located approx. 1.6km to the north east, Oughterside is approx. 1.8m to the north west, Gilcrux is 2.0km to the south west and 700m to the south east.

Existing turbine development is visible from the application site, including those at Tallentire, Westnewton and Hall Bank Farm.

Relevant Policies

National Planning Policy Framework

Meeting the challenge of climate change, flooding and coastal change Conserving and enhancing the natural environment Conserving and enhancing the historic environment Supporting a prosperous rural economy

Planning Practice Guidance for Renewable and Low Carbon Energy July 2013

Allerdale Local Plan (Part 1) Adopted July 2014

Policy S1 - Presumption in favour of sustainable development, Allerdale Local Plan (Part 1) Policy S14 - Rural economy, Allerdale Local Plan (Part 1) Policy S19 - Renewable Energy and Low Carbon Technologies Policy S27 - Heritage Assets Policy S32 - Safeguarding amenity, Allerdale Local Plan (Part 1) Policy S33 - Landscape Policy S35 - Protecting and enhancing biodiversity and geodiversity, Allerdale Local Plan (Part 1) Policy S36 - Air, water and soil quality, Allerdale Local Plan (Part 1) Policy S4 - Design principles, Allerdale Local Plan (Part 1) Policy DM17 - Trees, hedgerows and woodland, Allerdale Local Plan (Part 1)

Relevant Planning History

A screening opinion has been issued by the Local Planning Authority confirming that it is considered the proposed development does not require EIA.

Planning application 2/2014/0288 for a single turbine was withdrawn/cancelled. Representations

Gilcrux Parish Council – Object. Cumulative effect, living in Gilcrux will be like living in the middle of a windfarm.

Arqiva – No objection

Ministry of Defence – No objection. Require confirmation of the date construction starts and ends; the maximum height of construction equipment; the latitude and longitude of every turbine.

NATS – No safeguarding objection to the proposal.

Stobart Air on behalf of Carlisle Airport – No objection.

Natural – No objections.

Cumbria County Council - Planning – Do not consider the application to be a Category 1 application therefore will not be commenting from a strategic planning perspective. It is requested the potential cumulative impacts of the proposal are considered.

Cumbria County Council – Highway Authority – No comments received. No objection raised to previously withdrawn scheme, subject to conditions for traffic management and prevention of mud onto highway.

Environmental Protection - Comments outstanding.

Electricity North West – Note that the application is estimated to be within the stand off distance to their infrastructure, applicant will need to confirm distance, and either re-site or divert apparatus at their expense.

Cumbria Wildlife Trust – no comments received.

RSPB - no comments received.

CAA - no comments received.

Geospatial Air Info Team - no comments received.

FORCE – Object:

- Do not agree with the applicant’s interpretation of national and local policy. - Consider that the full 800m stand off should be applied in this case, Local residents already suffering from effects of Wharrels Hill and Tallentire windfarms together with single turbines. - Inadequate assessment of landscape impacts/poor quality photomontages. - Adverse impact on tourism - Unacceptable impact on local landscape cumulatively both from individual viewpoints and sequentially. - Heed warning of the National Park Authority relating to the extension of High Pow that such structures are reaching a critical mass - Cumulative impact poorly assessed, with the turbine at Hallbank in the near vicinity, as well as the major developments at Tallentire and Wharrels Hill, there are many potential issues of visual incongruity due the differing sizes of the turbines and the various rotational speeds. - Shadow Flicker calculated incorrectly. - ETSU exceeded at two properties. - Ecological appraisal not undertaken at optimal time, therefore further assessment required for red status bird species. - Quality of the submission is one of the worst encountered. - Unacceptable impact on listed buildings

Westnewton Action Group – Object

- UGE has failed to carry out the required public consultation. - Their multi tasking Environmental Impact Assessment (EIA), Planning Support Statement (PSS) and Design and Access Statement (D&A) actually serves none of these requirements very effectively. - Their claim that their project will provide green energy “for local people” is incorrect, no local benefits at all ‐ apart from some financial benefits for the landowner ‐ will be forthcoming. - UGE has “cherry picked” a variety of elements out of local and national policies and the NPPF to try and make their case, missing many other points raised in the NPPF etc. that safeguard local environments. - The project will neither maintain nor improve the quality or amenity of the local environment or its residents and the massively exaggerated quantity of CO2 that UGE claims will be reduced by the installation of this turbine is based on flawed concepts which have been so seriously and comprehensively challenged that these claims are neither acceptable nor a reflection of any true CO2 savings. - shadow flicker, UGE makes a point of quoting the wind industry’s completely incorrect “10 rotor diameter distance rule”, and then gives their own completely incorrect estimate of possible flicker from their turbine carrying just 130 metres. - Many of their quotes regarding the impact of wind turbines on tourism are either incorrect or out of date. - Their noise assessment takes no account of cumulative noise effects due to other nearby turbines. - Regarding their photomontages, there is no map provided to pinpoint their viewpoints, leaving it up to the viewer to work out from the given latitude and longitude just where the photographs have been taken from. However both the latitude and longitudes shown on every single montage are completely wrong, making it impossible for anyone to readily locate, either on a map or on the ground, the exact locations the photomontages were taken from. And the montages are of such poor quality anyway as to render them unsuitable for purpose. - The cumulative impact “assessment” is virtually non ‐existent and certainly requires re ‐visiting in a more comprehensive manner. - Generally speaking we do not consider that UGE have presented a particularly professional application, it is of very poor quality, there are too many things missing and it is too full of errors to be acceptable. We believe that UGE should be required to withdraw the application until such time as they can make a more professional and comprehensive approach. - Submitted location plan shows turbine in a different field than that originally proposed, closer to housing than that considered within the various assessments. - Within 800m of the required separation distance.

The application has been advertised by way of site and press notices and by neighbour consultation letters. Additional information/amended plans have been re-advertised by way of neighbour letter.

1 representation objecting to the application have been received. The main grounds of objection can be summarised as follows:

- Sufficient renewable energy projects have already been granted planning permission to meet Britain’s 2020 Green Targets. - Within 800m of residential properties and therefore must be refused.

Assessment

Main Issues:

National Planning Policy and the Allerdale Local Plan (Part 1) are broadly supportive of proposals for renewable energy development. The need to meet national targets for the generation of electricity and heat from renewable and low carbon sources is recognised as are the wider environmental, community and economic benefits of such development.

To ensure that the impacts of development (either in isolation or cumulatively) are, or can be made acceptable, Policy S19 of the Allerdale Local Plan sets out clear criteria for the consideration of proposals for renewable energy development, including wind turbines. The criteria most relevant to the consideration of this application are considered below.

Amenity of local residents

In order to address community concerns and in the interests of residential amenity and safety the Local Plan sets out an expectation that a minimum separation distance of 800m will be provided between wind turbines (over 25m to blade tip) and residential properties. It is recognised that in some cases due to site specific factors such as orientation of views, land cover, other buildings and topography it may be appropriate to vary this threshold where it can be demonstrated through evidence that there is not unacceptable impact on residential amenity. Shorter distances may also be appropriate if there is support from the local community.

In this case, the majority of residential properties within Arkleby are located within 800m of the application site.

There are three properties directly to the south, two of which will face towards the proposed turbine at a distance of approx. 340 – 350m and hold an elevated position. The submission indicates by the blue line that these properties are within the ownership of the applicant.

The application includes a residential amenity assessment which considers the possible impacts on individual properties. The assessment considers the orientation of properties/views, vegetation, other buildings and topography, as well as achievable separation distances, and concludes that no houses will look directly at the turbines and all are of such a distance that the turbine will not dominate any views.

The proposed turbine will be visible in views from a number of private properties in the locality. Nearest properties in each direction are considered as follows: • Throstle Hall cottages are within 600m, located to the north, with a relatively direct line of sight. • Temple Barn approx. 400m to east, not orientated towards the proposal and is adjacent an intervening building. • Stackgarth (representing small group of properties), 440m southeast, the proposed turbine would be at an oblique angle to these properties. • Holly Lodge 470m to south, orientated north west, therefore oblique view. • Little Cross 480m to south, facing north towards the turbine. The turbine would be visible

As a number of the properties highlighted above will have more direct views of the turbine, the development is likely to have an adverse impact on the amenity of these residents.

Whilst the applicant has put forward questionnaires completed as part of the pre- application consultation which offer support for the proposal, none of these make specific reference to residential amenity. There is therefore no evidence of support from the local community for a separation distance of less than 800m to be accepted in this case.

Final comments on the additional information provided in relation to noise are awaited from Environmental Health. The Development Panel will be updated on this matter.

It is generally acknowledged that the potential impact of shadow flicker is only likely to be an issue within 10 x rotor diameters of the turbine (in this case approx. 300m). In this case there are no residential properties within the zone likely to be significantly affected by shadow flicker.

Visual and landscape impact

Policy S19 of the Allerdale Local Plan (Part 1) requires consideration to be given to the landscape and visual impact of the proposed turbine both individually and cumulatively.

The applicant has submitted a landscape and visual appraisal assessing the proposed development. The appraisal includes photomontages and an assessment from a number of viewpoints in the vicinity of the site. The assessment indicates that the overall landscape impact will be Moderate/High, but that the landscape character area would remain intact and that the effects would be low in the wider area and moderate within the immediate area and that the turbine could be accommodated without any significant adverse effects to the local landscape character. In relation to visual impacts, as with all turbines, the applicant notes these will be greatest in the nearer areas of the turbine, but that this will reduce with distance and that the proposal will be viewed with other man made vertical elements, including electrical infrastructure and other turbines. No significant visual effects are identified. Cumulative visual effects are stated as being less significant because the proposal is much different in scale to the nearby Tallentire and Wharrels Hill windfarm developments.

It is considered that the applicants Landscape and Visual Appraisal has some deficiencies, the quality of the photomontages is questionable, particularly because photo’s have not been taken in optimum weather conditions, and the appraisal itself often lacks clarity/consistency.

The Cumbria Landscape Character Guidance and Toolkit supports appropriately located schemes for wind energy in line with the provisions of the Cumbria Joint Wind Energy Supplementary Planning Document which was adopted by the Council in 2007. The application site is located within Cumbria’s landscape classification 5a Ridge and Valley.

Key Characteristics of this area are:

• A series of ridges and valleys that rises gently toward the limestone fringes of the Lakeland Fells • Well managed regular shaped medium to large pasture fields • Hedge bound pasture fields dominate, interspersed with native woodland, tree clumps and plantations • Scattered farms and linear villages found along ridges • Large scale structures generally scarce

This area is judged to have moderate landscape capacity to accommodate turbine development of up to a small group (3-5 turbines), exceptionally a large group (6-9 turbines).

The landscape character in the locality of the application site is one of rolling pasture land, rising to the north and south, with a more level area running east to west. Built structures within the area relate to farm holdings and isolated dwellings, as well as the small settlement of Arkelby. Existing taller structures include a line of electricity poles to the west, and two turbines at Hall Bank farm, approx.1.7km to the north. The upper part of the three turbines at Westnewton, and the upper parts of some turbines at Tallentire were visible from areas in the vicinity of the site. Whilst the area is rural in nature, it is not remote and it is influenced by man made structures to some degree.

The proposed turbine would be set within this undulating farmland, not within a particularly elevated position. Public views of the proposed turbine would be possible mainly from the surrounding highway network, with the most open view from the road heading north/south between Arkleby and Prospect.

As a moderately sized single turbine, Officer’s consider that whilst the proposed turbine would be an obvious man made structure, in isolation, it would not form a dominating characteristic in this landscape. It would be in scale with the wider, rolling landscape. It would have a moderate visual impact from nearby vantage points, the impact of which would reduce with distance. Whilst there would be changes to the appearance of the landscape in the vicinity of the site as a result of the erection of the wind turbine, given the characteristics of the area in which the site is located, it is considered that in isolation, the landscape would have the capacity to accommodate this scheme without significant harm. The visual impacts of this man made structure in the locality would be adverse, but would not be extensive given the scale of the proposal and the topography.

However, the proposed turbine would be located within an area of existing turbine development and therefore regard must be had to the potential for cumulative impact. The windfarm at Westnewton is visible from the site to the north (approx. 3.7km away), as well as two further smaller turbines near to Hall Bank farm at a distance of 1.7km. These existing turbines stretch across the ridgeline visible from the site to the north. When taking in views or travelling from Gilcrux ( south west) and to some extent when viewing/travelling from the south east, the proposal will add to the landscape and visual harm created by this existing line of turbine development.

Parts of the Tallentire windfarm are also visible from the site over the intervening landform approx. 2.5km to the south west. The Wharrels Hill windfarm at Bothel (approx. 4.0km away) and the Tallentire windfarm would be visible within the landscape along with the proposal when viewed from the north. In these views, the proposal would take up a portion of the area that currently provides a separation between these existing windfarms, to the detriment of the landscape and visual amenities of the area.

The proposal would also be located within an area that currently provides a separation between the larger windfarms of Tallentire and Westnewton. Officers are concerned that the addition of a turbine at this location would increase the sequential views of turbines when travelling within the locality, to the detriment of visual amenity.

A number of objectors, including Gilcrux Parish Council and FORCE, have highlighted concerns that the proposed turbine will increase the cumulative impact of turbines in this area.

Overall it is considered the proposed turbine would have a significant adverse impact cumulatively with existing turbine development in the locality, to the detriment of the landscape and to visual amenity, contrary to Policy S19 of the Local Plan.

Impact on National Landscape Designations

The proposal is considered to be a sufficient distance from the LDNP and the AONB not to result in any significant adverse impact.

Impact on nature conservation interests

The proposed turbine is not located within any designated area. An Ecological Appraisal Has been submitted in support of the application. This notes that the site is of relatively low ecological value (improved grassland habitat). The proposed turbine is not sited within 50m of any existing hedgerows therefore the proposal accords with advice from Natural England that wind turbines are unlikely to affect bat populations where a 50m buffer is maintained from foraging habitat. Mitigation is recommended in relation to possible nesting birds (relating to construction of the access), otherwise, the assessment considers that there is low potential for any significant impacts on species vulnerable to the adverse effects of wind turbines.

Mitigation is proposed by way of avoiding the bird breeding season during the construction of the access, or a pre-construction nesting bird check. This can be appropriately dealt with by condition.

Impact on heritage assets and their settings

The nearest heritage assets are St Cuthberts church (561m to the south east) and Dovecote, Grade II and Grade II* listed respectively, and Arkleby Hall and flanking walls, 720m to the northwest, Grade II listed. The church and dovecote are set at a higher ground level than the proposed turbine. This, combined with the separation distance and intervening topography is considered sufficient to ensure that the proposed turbine would not have a significantly harmful impact on the setting of these assets. The setting of Arkleby Hall and flanking walls has already been altered significantly by the location of a number of more modern farm structures. With regards to Policy S19 and the special regard to be had to the desirability of preserving such buildings or their setting, or any features of special architectural or historic interest which it possesses, as required by s66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, the proposal is considered to be acceptable.

Operational requirements, including the suitability of the road network

The main impacts of the proposed development on the road network would be associated with construction traffic. The Highway Authority has no objections to the proposal subject to conditions.

Potential benefits to the local economy and local community

The proposed turbine will have nationally recognised benefits associated with the reduction in greenhouse gases and the increased supply of electricity from renewable energy sources. The proposal will also have local economic benefits in terms of the contribution it would make to the sustainability of the agricultural operation at the host farm.

Specific to this application, the supporting information indicates that the associated operations comprise a dairy farm (110 milking cattle), a local swimming pool, 4 properties and 4 holiday cottages which combined are using 300,000kWh’s per annum. The farm alone is using 120,000kWH of electricity and 10,000 litres of diesel. Operations requiring electricity input include; water heating to clean the milking parlour twice daily, cooling of the bulk tank 24/7, milking machines, livestock feeders, lighting and heaters used for calves and lambs, crusher/blowers to mill/move barley used on average 200 days per year. The supporting information indicates that the farm is looking to expand the dairy by at least 100% but is constrained by the existing single phase electricity supply. Installing a three phase supply and utilising the energy from the turbine would, it is stated, allow this expansion, as well as allowing the farm to become more energy secure and reduce its carbon footprint.

Further, the farm also has a leisure pool which is hired out to the public. It is stated that 120 local children regularly use the pool, 42 local people who suffer from Parkinson’s, and people with special needs. The pool has required £20,000 worth of oil in 12 months and the applicant states at present it is barely covering its costs. In addition to the above benefits, it is stated that the turbine would help to enable the swimming pool remain open.

Other Issues:

The applicant has confirmed that the siting of the turbine meets the required separation distance by Electricity North West from the nearby electricity lines.

Local Financial Considerations

Having regard to S70 (2) of the Town and Country Planning Act there are no local finance considerations that are relevant to the consideration of the application.

Conclusion

In considering turbine applications, it is necessary to identify the harmful effects of the proposal, and then to consider if these are outweighed by the benefits, including the local economic benefits arising from farm diversification and the wider benefits arising from the promotion of renewable energy development.

Regard has been had to the potential national benefits and the specific local benefits in this case to this agricultural business, its potential to expand, as well as the potentially increased sustainability of the local swimming pool facility. However, these benefits are not considered to outweigh conflict arising from the proposal with Policy S19 by way of cumulative landscape and visual harm and harm to residential amenity.

The Officer recommendation is for refusal.

Annex 1

Reason for refusal

1. The proposed turbine, by virtue of its siting, scale and pr oximity to other turbine development would increase the proliferation of turbines in the area resulting in a significantly harmful impact on the landscape and visual amenity of the area and a significantly harmful effect on the amenity of the occupiers of residential properties in the area. The proposal is therefore considered contrary to policies S19, S32 and S33 of the Allerdale Local Plan (Part 1) adopted July 2014 and the advice contained within the National Planning Policy Framework and Planning Practice Guidance for Renewable and Low Carbon Energy.

Proactive Statement

Application Refused Without Discussion

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of planning policies, constraints, stakeholder representations and concerns with the proposal and determining the application within a timely manner, clearly setting out the reason(s) for refusal, allowing the Applicant the opportunity to consider the harm caused and whether or not it can be remedied by a revision to the proposal. The Local Planning Authority is willing to meet with the Applicant to discuss the best course of action and is also willing to provide pre- application advice in respect of any future application for a revised development.

Notes to Applicant: