Town and Country Planning Act 1990 Appeals by EDF Energy Renewables Limited Land north east of the Bullington Cross Interchange at Upper Norton Farm, Sutton Scotney, Hampshire, known as Bullington Cross Wind Farm ------------------------------- PLANNING INSPECTORATE REFERENCES: APP/L1765/W/14/3001602, APP/H1705/W/14/3001603, APP/C1760/W/14/3001604 --------------------------------- STATEMENT OF CASE ON BEHALF OF WINCHESTER CITY COUNCIL BASINGSTOKE & DEANE BOROUGH COUNCIL TEST VALLEY BOROUGH COUNCIL APRIL 2015 ------------------------------ 1 INTRODUCTION 1.1 This is the statement of case1 on behalf of the three local planning authorities (“LPAs”), Winchester City Council (“WCC”), Basingstoke and Deane Borough Council (“BDBC”) and Test Valley Borough Council (“TVBC”) relating to planning appeals concerning a wind farm development of 14 wind turbines (in total) and ancillary infrastructure and services (“the proposal”). 1.2 The proposal crosses the boundaries of the three local planning authorities and so necessitated three separate planning applications (and appeals), as detailed below, but the proposal is put forward as a single development. 1.3 At the inquiry the three planning authorities will be jointly represented. 2. REFERENCES 2.1 Planning Inspectorate Appeal Reference Numbers: WCC: APP/L1765/W/14/3001602 BDBC: APP/H1705/W/14/3001603 TVBC: APP/C1760/W/14/3001604 2.2 Local Planning Authority Case Numbers: WCC: 13/00800/FUL W22618/03 TVBC: 13/00753/FULLN BDBC: 13/00046/FUL 1 Produced in accordance with the timetable first issued by Inspectorate under cover of letter 26.1.15 2 3. THE APPEAL SITE AND ITS LOCATION 3.1 The appeal site at Upper Norton Farm is located approximately 2km to the north east of the ‘Bullington Cross’ junction at the intersection of the primary east west and north south arterial roads A303 and A34. It is approximately 12km north of Winchester, 10km east of Andover, and 11km south west of the outskirts of Basingstoke. The settlements of Whitchurch and Laverstoke lie to the north in the river valley of the Test, with Hurstbourne Priors and Longparish to the west, whilst to the south, on the opposite side of the A303, are the settlements of Micheldever Station to the east and Upper Bullington to the west adjacent the A34. The valley of the River Dever lies further to the south and accommodates a number of small settlements between Micheldever in the east and Sutton Scotney in the west. 3.2 The topography rises to a ridge between the two river valleys, although the landscape character in which Upper Norton Farm is located is most appropriately described as one of open arable downland interspersed with areas of woodland. The farm comprises a complex of modern farm buildings that lie each side of a Public Right of Way (PRoW) which runs north eastwards through the farm and application site, from just north of the Norton Lane underpass of the A303 to its termination with Laverstoke Lane approximately 3.3km to the east. The farm complex also includes three dwellings. A large block of woodland, Freefolk Wood, lies to the north of the application site and there are several small blocks of woodland to the south including Blind End Copse and Norton Copse. 3.3 At its closest point the wind farm would be 10km from the boundary of the South Downs National Park and less than 4km from the boundary of the North Wessex Downs AONB. 3 4. THE PROPOSAL 4.1 The proposal is for a single wind farm development of 14 wind turbines for an operational period of 25 years. 4.2 The turbines have a height of 80 metres to hub and an overall maximum height of 126.5 metres to blade tip. The ground level heights range between 90 to 120 metres above sea level. Each turbine is served by a 4 metre access track from the main farm track and will include a hard surfaced lay down area and crane pad (45m x 28m). 4.3 Other ancillary development will include external transformers (which are likely to be required to be positioned alongside each turbine), a control building (comprising a 12m x12m single storey blockwork building) and metering point, a 70m anemometer mast, a temporary construction compound and underground cabling. 4.4 The turbines are likely to have a rated output capacity of 2MW and the generated capacity of the project will be around 28 MW depending on the final choice of turbine model. 4.5 The application does not include offsite works associated with the connection of the wind farm to the grid. 5. PLANNING HISTORY 5.1 Previous planning applications associated with Upper Norton Farm have been made in relation to the farming enterprise or, in some cases, the change of use of existing buildings. None are of relevance to the development proposed in this case. 5.2 The three LPAs, following a request for a screening and scoping opinion from the appellant on 23 April 2012, confirmed that the proposed development required an Environmental Impact Assessment and commented on the scope of the assessment. 4 5.3 Following the applications that are the subject of this appeal, a planning application was made to and approved by WCC on 15 November 2013 for the siting of an 80 metre high temporary anemometry mast, (almost adjacent to the permanent mast location that forms part of this application) for a period of three years (Case Number:13/01831/FUL). 5.4 In 2012, Hampshire County Council, as the minerals and waste planning authority, granted planning permission for the former public house site at Bullington Cross to be used for metal recycling depot purposes (Case Number: 12/02013/HCS). 6. BACKGROUND AND REFUSALS 6.1 The applications were accompanied by an Environmental Assessment, which included an Environmental Statement, a Planning Statement, a Design and Access Statement and a Statement of Residential Amenity. 6.2 Supplementary Environmental Information was submitted in December 2013 which included an Updated Planning Statement. Some additional documentation was also provided as referred to in the statement of case of the appellant2. 6.3 The applications were presented to the Planning Development Control Committees for the three LPAs at a joint meeting on the 16th June 2014. The committees were provided with a joint report which, where appropriate, addressed separately particular issues relevant to each LPA. The committees were also provided with an update sheet in relation to recent consultation responses and further information in relation to several issues. They were also provided with a supplementary noise report relating to further information provided by the Applicant, “Review of Applicant’s Environmental Information – Noise” dated April 2014. 2 Dated 18.12.14, section 3 – procedural background 5 6.4 The committee report concluded that although the proposed development was for a form of renewable energy which was supported by elements of national and local policy and the energy produced would make a meaningful contribution to local electricity demands (which carried considerable weight in the NPPF) there were significant and demonstrable adverse impacts associated with the proposal which outweighed the benefits. Following the meeting the LPAs issued decision notices setting out reasons for refusal as set out below. 6.5 In respect of WCC: 1 Landscape - Impact on Nationally Important Landscapes The proposed development would result in unacceptable harm to the purposes and special qualities of two national landscape designations; the South Downs National Park and the North Wessex Downs AONB. The proposals would not conserve or enhance the particular qualities of these areas and would have a detrimental impact on the landscape setting of these areas and on the views out from these areas. In addition, and for the same reasons, the development would result in an unacceptable cumulative impact when taking into account the wind turbine proposals at Woodmancott. The development is therefore considered as contrary to the National Planning Policy Framework paragraphs 113 and 115, National Policy Statements EN-1 and EN-3 and policies CP19 & CP20 of the Winchester District Local Plan Part 1 2013. Additionally, as the development has an impact on land outside the district Saved Policies E1, E6 and A6 of the Basingstoke and Deane Local Plan (2006 - 2011) and Test Valley Borough Local Plan policy DES01. 2 Landscape - Impact on the fabric, character and quality of the receiving landscape. The proposed development would have an adverse impact on the landscape character of the area as due to the scale, prominent skyline location and visually disturbing movement of the turbines they would be incongruous and alien to the acknowledged attractive remote and tranquil downland countryside landscape character of the district in this location which also contributes positively to the setting of a number of designated and undesignated heritage assets. Development as proposed would also adversely impact on the visual amenity of this largely undeveloped area as the turbines would introduce an extremely tall, incongruous and visually dominant industrial presence that would significantly detract from cherished 6 panoramic views from extensive sections of public rights of way and from viewpoints within the South Downs National Park to the detriment of its setting and unique sense of place. The development is therefore contrary to Chapter 11 of the National Planning Policy Framework; National Policy Statements EN-1 and EN-3 and Policies CP19 & CP20 of the Winchester District Local Plan Part 1 2013. Additionally, as the development has an impact on land outside the district Saved Policies E1, E6 and A6 of the Basingstoke and Deane Local Plan (2006 - 2011) and policy DES01 of the Test Valley Borough Local Plan 2006. 3 Heritage - Inadequacy of Information / weighting to show effects would not be harmful The proposed development, due to its far reaching visual dominance breaking the skyline and introducing incongruous scale, form and movement as part of the backcloth setting to many heritage assets including Winchester Cathedral, other listed buildings, conservation areas, registered Parks and Gardens would devalue the important contribution that such assets make to the district’s character and heritage.