EEC/07/13/HQ Development Control Committee 24 January 2007 Planning and Highway Consultation North Devon District: Application for the Construction of a Wind Farm at Batsworthy Cross, Knowstone North Devon Application No: 02/43272/06 Date Application received by District Council - 1 November 2006 Date on which Consultation on Plans, Description and Environmental Statement was received by County Council - 14 November 2006 Report of the Director of Environment, Economy and Culture Please note that the following recommendations are subject to consideration and determination by the Committee before taking effect. Recommendation: It is recommended that North Devon District Council be advised that Devon County Council: (a) as Strategic Planning Authority, having taken into account relevant national, regional and sub-regional plan policy, both adopted and emerging and the more local environmental and amenity impacts of the proposed development, raises no strategic planning objection to the development subject the following being secured either by the imposition of planning conditions or the prior completion of a Section 106 Agreement: temporary 25 year permission/reinstatement; financial guarantee to secure removal of turbines and restoration of sites in the event of the prior cessation of usage; on and offsite positive nature conservation gain; hedgerow protection and reinstatements; archaeological survey and mitigation works; noise limits and mitigation scheme; offsite monitoring of noise; and highway/access details; (b) as Local Highway Authority raises no objection to the proposed development subject to the imposition of planning conditions and the prior completion of a Section 106/278 Agreement to secure appropriate traffic management during construction; maintenance and decommissioning and appropriate design; specification; construction and drainage of the required highway improvements. 1. Summary This report relates to a planning application for the construction of a wind farm at Batsworthy Cross near Knowstone in North Devon upon which the County Council has been consulted as both Strategic Planning Authority and Local Highway Authority by North Devon District Council who will be the determining the application. 2. The Proposal/Background The proposed development comprises the installation of 9 wind turbines. Each turbine would be 103 metres in height to the tip of the blade with a hub height of 80 metres. The blades would have a diameter of 86 metres, with a rotation speed of 8 to 20 rpm. Each turbine would be capable of generating up to 2.5 megawatts of electricity, with a maximum total generating capacity of 22.5 MW. As this does not exceed the threshold of 50 MW, in accordance with the provisions of Section 36 of the Electricity Act 1989, the application falls to be determined by North Devon District Council as Local Planning Authority. The proposed development also includes supporting infrastructure, in particular a 65 metre anemometer monitoring mast, an electrical sub-station, trenching and cable installation, onsite access tracks, a temporary on-site concrete batching plant, off-site road improvements and a temporary site compound for the construction period. The application site is situated approximately 14.4 km west of Tiverton and 9.8km east of South Molton close to the Knowstone service areas on the A361. The application site has an overall area of 188 hectares, although the turbines and supporting development would only occupy a small proportion of the site. The site is currently predominantly in agricultural use. The height above sea level ranges from 208m in the south and 265 on the northern edge of the site and the site occupies an upland plateau partially dissected by the head waters of the local watercourses. There is one residential dwelling at Poole Farm that is surrounded by the development site boundary but this is excluded from the application area. This dwelling is approximately 420 metre from the location of the nearest turbine (No.3) and 520m from turbine No 1. In addition there are a number of agricultural buildings falling in the application area. The submission to the North Devon District Council was accompanied by an Environmental Statement as required by the 1999 Environmental Impact Assessment Regulations (1999). A copy of the Environmental Statement, the additional Environmental Information and all the supporting documents submitted with the application will be available for inspection at the Committee meeting. At the time of writing this report, planning permissions for the erection of wind farms have been obtained on only two sites in Devon: A cluster of 3 x 1 MW wind turbines at Stowford Cross, Bradworthy, 75 metres high to the tip of the blade. Planning permission was granted on appeal in August 2003 and the development became operational in March 2005. A cluster of 3 x 1.2 MW wind turbines at Higher Darracott, Great Torrington, 81 metres high to the tip of the blade. This application was granted planning permission on appeal in May 2004 but the development has not yet been implemented. 3. Advertisement/Representations This proposed development has been the subject of local pre-application publicity by the applicant, and has been the subject of statutory advertisement and publicity by the North Devon District Council as the determining local planning authority. At the time of writing this report the County Council, as a Consultee, has however been in receipt of 19 letters/emails opposed to the application representing 45 individuals. Additionally letters of objection have also been received either directly or copied from 4 organisations. These are all summarised in Appendix I to this report and full copies of these and the letter of support will be displayed for Members' inspection at the Committee meeting. The main concerns expressed in letters of objection include: • The impact on the landscape and local visual amenity. • The impact of noise on local residents. • The impact on local tourism. • The impact on the highway network, including safety considerations. • The impact on local footpaths, bridleways and the Two Moors Way recreational route. • The inadequacy of the applicant's Environmental Statement. • The impact on wildlife. • Shadow flicker. • The inefficiency of wind turbines. • Loss of Property Values. • Potential light pollution. • The impact on the setting of listed buildings. At the time of writing this report 1 letter of support has been received from DARE - the Devon Association for Renewable Energy. 4. Consultation Responses All Statutory Consultations have been undertaken by the North Devon District Council as the determining Local Planning Authority. At the time of writing this report the County Council is aware of and has received copies of only a limited number of the responses, which include: Exmoor National Park Authority: - objects to the development because of unacceptable landscape impact on the National Park. (15 January 2007). Mid Devon District Council: - objects to the development because of unacceptable landscape impact; its potential adverse effect on tourism in the area; and its detrimental impact on residents in a sizeable area of Mid Devon. (3 January 2007). Rackenford and Creacombe Parish Council: - objects to the development (16 January 2007). Any other responses received will be reported verbally at the meeting. 5. Planning Policy Considerations In considering this application the County Planning Authority is required to have regard to provisions of the Development Plan in so far as they are material to the application and to any other material considerations. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that where regard is to be had to the Development Plan, determination shall be in accordance with the Development Plan unless material considerations indicate otherwise. In this case the most relevant Development Plan Policies are as follows: Regional Planning Guidance for the South West: RPG10: Policies SS20 (Rural Land including Urban Fringe Uses); EN1 (Landscape and Biodiversity); EN3 (The Historic Environment); and RE6 (Energy Generation and Use). Devon Structure Plan 2001 - 2016 (Adopted October 2004) : Policies ST1 (Sustainable Development); ST3 (Self Sufficiency of Devon s Communities); ST16 (Local Centres and Rural Areas); CO1 (Landscape Character and Local Distinctiveness); CO2 (National Parks); CO8 (Archaeology); CO9 (Biodiversity and Earth Science Diversity); CO10 (Protection of Nature Conservation Sites and Species); CO12 (Renewable Energy Developments); CO13 (Protecting Water Resources and Flood Defence); CO14 (Conserving Agricultural Land); CO16 (Noise Pollution); TO6 (Long Distance Recreational Footpaths and Routes); and TR10 (Strategic Road Network). North Devon Local Plan 1995 2011 (adopted July 2006): Policies DVS1A (Sustainable Development); DVS3 (Amenity Considerations); ENV1 (Development and Countryside); ENV4 (Exmoor National Park); ENV 7 (Agricultural Land); ENV8 (Biodiversity); ENV11 (Protected Species); ENV12 (Locally Important Wildlife or Geological Sites); ENV14 (Locally Important Archaeological Sites); TRA6 (General Highway Considerations) and ECN 15 (Renewable Energy). Devon County Waste Local Plan (Adopted June 2006): Policy WPC5 (Waste Audit) applies. Emerging policy which may be regarded as a material consideration includes: The Draft Regional Spatial Strategy for the South West: (June 2006) : Policies SD1 (The Ecological Footprint); SD2 (Climate Change); SD3 (The Environment and Natural