Planning Services_ MLeeds Leonardo Building .-. -CITY COUNCIL 2 Rossington Street Leeds LS2 8HD DELEGATION REPORT REPORT OF THE CHIEF PLANNING OFFICER WARD: Burmantofts & Richmond Appl.icatio 08/03836/FU Hiil n: Address Knostrop Treatment Appl.icant: Yorkshire Water Services Work - S Walden Off Pontefract Lane Cross Green Leeds LS9 OPJ Propos a Erection of 1 wind turbine, with hardstandings, new and 1.: upgraded access tracks and electrical sub-station RECOMMENDATION: Approve subject to the following condition(s) :- ·.1) The development hereby permitted shall be carried out in accordance with the approved plans Figure 2 date stamped 9 July 2008, Figure 4a date stamped 9 July 2008, Planning Figures date stamped 9 July 2008, Transport Access Statement date stamped 9 July 2008, Protected Species Survey date stamped 13 August 2008, Swept Path Analysis Summary date stamped 20 October 2008, Phase 1 Habitat Survey date stamped 9 July 2008, Arboricultural Survey date stamped 9 July 2008, Noise Assessment date stamped 9 July 2008, Shadow Flicker Assessment date stamped 9 July 2008, Planning, Design and Access Statement date stamped 9 July 2008, Correspondence Folder date stamped 9 July 2008, Landscape and Visual Impact Assessment date stamped 9 July 2008, Additional Landscape and Visual Impact Assessment date stamped 3 December 2008, Additional Landscape and Visual Impact Assessment date stamped 20 February 2009, Additional Landscape and Visual Impact ·-·----------- Assessment date stamped 13 May 2009 and in accordance with the following conditions which shall in all cases take precedence. For the avoidance of doubt and to ensure that the development is carried out fully in accordance with the approved plans. 2) The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Imposed pursuant to the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 3) No development shall commence until the details of the exact location and altitude of the turbine within the application area and the details of the anticipated period for construction have been submitted to and approved in writing by Local Planning Authority. The applicant shall also notify the Defence Geographic Centre, the Civil Aviation Authority, National Air Traffic Services, Leeds Bradford Airport and the Ministry of Defence of the exact latitude and longitude of turbine location and the anticipated period for construction. Copies of correspondence sent to these organisations shall be provided to the Local Planning Authority within 7 days of them having been dispatched. The development shall be carried out in accordance with the approved details. In the interests of visual amenity and aircraft safety. 4) No development shall commence until full details of the turbine including the make, model, design, power rating, sound power levels, colour and finish have been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved details. In the interests of. visual amenity, aircraft safety and occupiers of nearby property. 5) No development shall commence until details of the shadow flicker control system and its implementation have been submitted to and approved in writing by the Local Planning Authority. Once approved, the operation of the turbine shall take place in accordance with the approved shadow flicker mitigation scheme unless the Local Planning Authority gives its prior written consent to any variation. To ensure that shadow flicker is minimised. I -------· ·--·------ 6) No development shall commence until details of a landscaping scheme to replace any vegetation lost as part of the approved development and a timescale for implementation have been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved details. To ensure that any lost habitat is replaced. 7) No development shall commence until an abnormal loads and associated traffic management plan has been submitted to and approved in writing by the Local Planning Authority and the Highways Agency. The development shall not be carried out other than in accordance with the approved details. To ensure the safe and continued operation of the Strategic Road Network (A1) in the vicinity of the development and to comply with the current Department for Transport design standards. 8) No development shall commence until details of any ancillary equipment, fencing, mounding or structures, temporary or otherwise, to be constructed on site have been submitted to and approved in writing by the Local Planning Authority. In the interests of visual amenity. 9) No development shall commence until a baseline television reception desk study has been undertaken by a qualified television engineer to identify any areas that may be affected by the operation of the turbine and has been submitted to and approved in writing by the Local Planning Authority. The submitted details shall identify works necessary to mitigate any adverse effects to domestic television signals in the identified areas caused by the development. Any claim by any person for domestic television picture loss or interference at their household within 12 months of the final commissioning of the wind turbine, shall be investigated by a qualified television engineer and the results submitted to the Local Planning Authority. Should any impairment to the television reception be determined by the qualified engineer as attributable to the wind turbine on the basis of the baseline reception study, such impairment shall be mitigated within 3 months of this decision according to the mitigation scheme outlined. To ensure that television reception in the vicinity is unaffected. 10) The Local Planning Authority shall be given 7 days written notice of the commencement of the development. To ensure that the Local Planning Authority are informed of the commencement of development. 11) No construction works shall commence until all areas to be used by vehicles have been hard surfaced, sealed and drained unless otherwise agreed in writing with the Local Planning Authority. In the interests of highway safety. 12) The turbine and any associated structures including fencing and ancillary equipment shall have been removed and the site restored within 25 years of the date. of the commencement of development or within 12 months of the turbine having last operated, whichever is the sooner. To ensure the removal of all structures. 13) The operator shall log wind speed and wind direction data continually and shall retain the data which has been obtained for a period of no less than the previous 12 months. The data shall include the average wind speed in metres per second for each 10 minute period. The measuring periods shall be set to commence on the hour or in 10 minute increments thereafter. The wind speed data shall be made available to the Planning Authority on request. The data shall be provided in electronic format within 10 days of such a request. In the case the wind speed is measured at a height other than 10m, the data shall be supplemented by adjusted values which allow for wind shear, normalised to 10m height. Details of the wind shear calculation shall be provided. In the interests of local amenity. 14) At the reasonable request of, and following a complaint to the Local Planning Authority relating the noise emissions from the wind turbine, the operator shall measure the level of noise emissions from the wind turbine. The measurement and calculation of noise levels shall be undertaken in accordance with 'The Assessment of Rating of Noise from Wind Farms', September 1996, ETSU report number ETSU-R-97. In comparing measured wind turbine noise levels with background noise levels, regard shall be had to the prevailing background noise levels as measured at specified properties in the information submitted with this planning application. In the event of a complaint from a property other than one of the specified properties, the measured wind turbine noise levels at that other property shall be compared to the prevailing background noise levels at the specified property which is most likely to have similar ----···---·- background noise levels. Regard shall also be had to the background noise levels during the quietest parts of the night. Should the noise levels detailed in the approved noise assessment be exceeded, or measurements following complaints indicate that the guidance as contained in ETSU is not being met, the wind turbine operator shall take steps forthwith to ·ensure that noise emissions from the wind farm are reduced to meet (or be lower than) the levels as contained within the application and to meet the guidelines within ETSU. In the interests of local amenity. 15) No site clearance or removal of any trees, shrubs or other vegetation shall be carried out during the period 1 March to 31 August inclusive unless otherwise agreed in writing with the Local Planning Authority. To protect nesting birds. 16) In granting permission for this development the City Council has taken into account all material planning considerations including those arising from the comments of any statutory and other consultees, public representations about the application and Government Guidance and Policy as detailed in the Planning Policy Guidance Notes and Statements, and (as specified below) the content and policies within Supplementary Planning Guidance (SPG) and The Development Plan consisting of The Yorkshire and Humber Plan - Regional Spatial Strategy 2008 (RSS) and the Leeds Unitary Development Plan Review 2006 (UDPR). N37: Special Landscape Areas; N28: Historic Parks and Gardens; N29: Sites and Monuments of Archaeological Importance; E3: Employment (Existing Supply); E4: Employment (New Proposals); N54: Renewable Energy; GP5: General Development Policy. On balance, the City Council considers the development would not give rise to any unacceptable consequences for the environment, community or other public interests of acknowledged importance.