Allerdale Borough Council

Planning Application 2/2014/0842 Proposed Development:

Erection of 1 no. 20kW wind turbine with a 15.43m hub height and a maximum 21.97m blade tip height.

Location: Clea Green Westward Wigton

Applicant: Mr Ian Kitchen

Recommendation:

Approve

Summary/Key Issues

Issue Conclusion

Principle of development

The Council seeks to promote the development of renewable and low carbon energy resources provided the impacts (either in isolation or cumulatively) are, or can be made acceptable.

Residential amenity The proposed turbine is within 800m of a number of dwellings. Objection has been received from five neighbouring properties. One of these is within 465 metres with the remainder beyond 1.7 km and further afield. Two letters of support have been received.

Visual and landscape impact

The proposed turbine will stand alone adjacent to the farm buildings. It will be exposed in the landscape and viewed in context with the adjacent three turbines at High Pow from a number of viewpoints. Despite this it is considered that the proposed turbine will not have a significant adverse impact upon visual amenity and landscape character.

Cumulative and sequential impact

The proposed turbine will be seen in context with the adjacent three turbines at High Pow from a number of near and distant viewpoints. Despite this cumulative is not considered to be harmful due to the modest size of the turbine. Other turbines in the area are some distance away and the nearest within 5 km are also of the smaller kind below 30 metres total height. Sequential impact is negligible for the same reasons.

Nature conservation 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 impact.

Operational requirements

Subject to conditions relating to construction operations the proposed development would not have an adverse impact on the highway network.

Potential benefits The proposal will primarily provide renewable energy for the running of the farm business to make it self-sufficient and make a contribution to renewable energy deployment nationally from any excess returned to the national grid.

Proposal The proposal is for the erection of a single 20kw wind turbine on a concrete base of 21.97 metres total height. The model specified is a C and F Green Energy CF20 turbine with three blades. There are no details provided of any ancillary ground equipment or structures that may be required for operational purposes. Access is from the public highway via an existing farm track. A temporary access across the field for installation is planned. The supporting information indicates that the electricity generated by the proposed turbine is intended to provide a sustainable and self-sufficiency of power to the farm and its operational needs. Excess energy will go to the National Grid.

Site and Surroundings The application site comprises agricultural pasture land in open countryside associated with the applicant’s business of mixed farming. The turbine site is within 30 metres of an existing modern agricultural building. The site is elevated (155 metres contour level) on a gentle slope rising to the south in a landscape categorised as Sub Type 12b Rolling Fringe (Cumbria Landscape Character Type) and dissected by a steep river valley (Thornthwaite Beck). The flat landscape of the Solway Plain to the north-west and the higher ground of the Cumbria Fells to the south-west is noted giving a gradual change in landscape character. Open fields with hedgerows and scattered trees are noted with small plantations and woodland. High Hall Wood (400m) and Kings Close Wood (200m) provide screening to the site to the northeast and south-west. The proposed site is 100 metres south-east of the host farmhouse and within 30 metres of the nearest farm building. The minor public road is within 120 metres. Public rights of way are noted traversing the fields to the south and west of the site within 400 metres. The nearest dwellings are the applicant’s farmhouse within 100 metres. A number of other private dwellings are noted within 800 metres and are assessed with regard to visual impact within the report below. The area is essentially rural in character. The largest settlement of Wigton is 4.2 km north with the villages of Rosley 5.6 km east, Bolton Low Houses 1.75 km west and Westward 1.72 km north-east.

Relevant Policies Allerdale Local Plan (Part 1) Adopted July 2014 Policy S1 - Presumption in favour of sustainable development Policy S14 - Rural economy Policy S19 - Renewable Energy and Low Carbon Technologies Policy S27 - Heritage Assets Policy S32 - Safeguarding amenity Policy S33 - Landscape Policy S35 - Protecting and enhancing biodiversity and geodiversity Policy S36 - Air, water and soil quality Policy S4 - Design principles Policy DM17 - Trees, hedgerows and woodland 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

Relevant Planning History SCR/2014/0006, SCR/2014/0044 Screening opinions for a pair of turbines (27.13 metres total height) and a single turbine (21.97 metres total height) have been issued by the Local Planning Authority confirming that it is considered the proposed development does not required EIA. 2/2014/0483 An application for two turbines at the same height (27.13 metres total height) was submitted and withdrawn.

Representations Westward Parish Council – No objections Waverton Parish Council – No objection. The parish confirms that no objection is raised to turbines below 25 metres in height. Boltons Parish Council – No objections Carlisle Airport (Stobart Air) – No objection subject to any changes to the turbine installation is submitted to Carlisle Airport and any changes in aviation legislation are adhered to by the applicant with regard to corrective action and compliance with such

legislation. NATS – No safeguarding objection to the proposal. Civil Aviation Authority – No comment. Standing advice to refer to national guidance. Arquiva - Arquiva is responsible for providing the BBC and ITV transmission network and is responsible for ensuring the integrity of Re-Broadcast links and also protect its microwave networks. We have considered whether this development is likely to have an adverse impact on our operations and concluded that we have no objection to this application. Natural England – No objection with standing advice Highway Authority – No objection in principles subject to conditions regarding safeguarding the highway from dirt and debris and the submission of a Construction and Traffic management Plan. Lake District National Park – No comment to date. Environmental Protection - Have considered the noise assessment provided relevant to the Endurance turbine model and agree with the contents of the report and the conclusions reached. Recommend conditions be applied to any approval granted. Electricity North West – No objection FORCE – No comments received to date Westnewton Action Group – No comments received to date The application has been advertised on site and neighbouring properties have been notified. Objection has been received from five neighbouring properties. One of these is within 465 metres with the remainder beyond 1.7 km and further afield. The Longhouse. 465 metres. Objection with regard to visual, residential and landscape impact, cumulative impact, shadow flicker, impact on tourism and recreational amenity and precedent for more turbine development. Suggestion that solar panels more appropriate on existing farm buildings to meet the need for renewable energy. Thornthwaite Cottage. 1.7km. Individual and cumulative visual impact within 800 metres of residential properties. High Parsonbridge. 2.5km. Bolton New Houses. Noise impact. Woodfern House, Rosley. 4.9km. Cumulative impact. The Croft, Curthwaite. 6.5km. Cumulative visual impact close to Lake District National Park and Solway Plain. Impact upon tourism and associated economy.

Two letters of support have been received. Thackthwaite Hall 590 metres. No objection with reference to existing High Pow turbines of greater height that are considered acceptable with minimal visual impact. High Meadows, Thornthwaite. 1.3km. Support. All the points of objection and matters raised by representations received have been fully reported within the body of the report.

Assessment 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. Visual/Residential Amenity 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. In this case the turbine does not exceed 25 metres total height. The matter of visual and residential impact is still however a material consideration and assessed as follows. There are a numerous residential properties in the near vicinity between 330 metres and 2.7 km from the turbine site. Many have a view or direct view of the turbine to a varying degree. The properties identified are as follows. Clea View 330 metres Clea Thwaite 615 metres Clea Hall 920 metres Clea Hall Caravan Site 880 metres The Longhouse 465 metres Bog Hall 510 metres Thackthwaite Hall 590 metres High Hall 800 metres Matala 1.1 km The Old Barn 1.1 km High Meadows 1.1 km Thornthwaite Hall 1.3 km Thornthwaite Close/Thornthwaite Cottage 1.7 km Clea Mire 1.8 km

Syke House 1.3 km Keepers Cottage 2.7 km The applicant has provided photomontages to demonstrate the potential for visual impact from these properties. Additionally more general Viewpoints 1-7 have been selected from public land adjacent to or within the near vicinity of these residential properties. All viewpoints are judged by the applicant to have a high sensitivity to wind energy development in this landscape. The applicant judges that the magnitude of change from these viewpoints will be low or negligible with visual change assessed as slight or negligible. It is undisputed that the turbine will be visible from many residential properties and public vantage points in close proximity. There will be varying degrees of view with many views direct and unobstructed. It is Officers’ opinion that by virtue of the modest total height of this single turbine well related to existing farm buildings, the impact of the turbine as a stand-alone structure will not have such significant impact as to be harmful to residential amenity. The quality of living conditions at properties within close proximity will on balance not be adversely affected to warrant refusal. The applicant’s assessment of impact and magnitude of change is considered realistic. The matter of cumulative and sequential impact upon residential amenity is also considered to be minimal and reported in more detail below. Visual and landscape Impact Policy S19 of the Allerdale Local Plan (Part 1) requires consideration to be given to the visual impact of the proposed turbine both individually and cumulatively. 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 Sub Type 12b Rolling Fringe. Key Characteristics of this area are:

- Mostly large scale rolling or undulating hills or fells, rough pasture heath or remnant conifer plantations.

- Balanced transitional landscape of mixed pasture, isolated plantations and groups of trees.

- Simple skyline horizons of a rounded nature - Connectivity defining edge of Solway Basin - Little visual interruption apart from containment from relief and plantations

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

The applicant has submitted a landscape and visual appraisal assessing the proposed development. The appraisal includes a series of photomontages (viewpoints 1-7) and assessment from a number of viewpoints in the vicinity of the site between 330 metres and 4.2 km. A suite of mapping is also provided as supporting evidence with regard to Zones of Theoretical Visibility (ZTV) for hub height and total height. This assessment concludes that there are high levels of visibility of the proposed turbine but with negligible or low visual impact and magnitude of change. The ZTV mapping illustrates that over an area of 10 km from the site there will be a maximum visibility of 32.8% of the tip height of 21.97 metres and a 30.7% maximum visibility of the hub height. The turbine will not be seen readily from the higher ground on the fringes of the national Park to the south It is Officers’ opinion that by virtue of the modest total height of this single turbine well related to existing farm buildings, the visual and landscape impact will be minimal as reflected in the applicant’s assessment. Despite some direct and open views, the turbine will not be harmful to landscape character or general visual amenity. The topography of the surrounding area and the wooded areas nearby will provide an amount of screening minimising impact from many vantage points. The matter of cumulative and sequential impact upon the landscape is also considered to be minimal and reported in more detail below. Cumulative/Sequential Impact As a stand-alone structure the turbine is considered to be acceptable with minimal impact generally. The turbine will be seen cumulatively in the landscape from a number of viewpoints and residential receptors. This aspect is considered as follows. In order to assess such impact the following turbines existing and approved within 5km of the site have been taken into account. 3 turbines 95m High Pow 1.6km 1 turbine 12.5m Park Crest 2.8km 1 turbine 19.7m Wallace Lane 2km 1 turbine 15.6m Sandale 3.3km 1 turbine 27.1m Townhead Brocklebank 4km 1 turbine 24.8m Red Hall 3.4km Further distant reference is made to the following existing turbines. 6 turbines 100m Tallentire 16km 3 turbines 107m Westnewton 16km 4 turbines 121m Hellrigg 15km 6 turbines 69m Great Orton 12km 1 turbine 74m Thursby 8km 8 turbines 81m Bothel 10km

In view of the modest size of the proposed turbine and the separation distance to the turbines more than 5km away the turbines within 5km are the only structures considered to have the potential for cumulative and/or sequential impact. The smaller turbines identified less than 25 metres total height that have been approved within 5 km of the application site are most relevant to this cumulative assessment. The applicant has provided mapping to demonstrate the cumulative impact with a Zone of Theoretical Visibility (ZTV). The applicant concludes that considering existing and approved turbines over a 10km distance the proposed turbine will only be visible cumulatively in 33.3% of the study area. Of most significance is the cumulative impact with the most prominent turbines existing at High Pow 2.29km to the west of the site. These turbines of 95 metres total height were refused by the Council but allowed at appeal in 2004. The proposed turbine and those at High Pow will be seen together from public vantage points and residential receptors in close proximity. A cumulative view will also be experienced from some more distant locations. With regard to the modest size of the proposed turbine and the separation distance of 2.29km the cumulative impact with the larger turbines at High Pow is not considered to be significant and harmful upon visual and residential amenity. Similarly, landscape character will only be affected marginally with a slight magnitude of change. Intervening woodland will also provide a degree of screening and a variance in landscape texture providing a visual interruption. Sequential impact will be minimal for the same reasons with no visual harm when travelling through the area on nearby roads and footpaths. Planning History Of some significance and relevant to the principle of development and the assessment of impact is that of ref 2/2012/0706. This application for a 45 metre high turbine, 866 metres south-west of the site was refused by Members in accordance with Officer recommendation. The reason for refusal was regarding landscape impact, the lack of noise data related to residential amenity and insufficient information regarding air safety and Carlisle Airport. An appeal was dismissed by the Planning Inspectorate. The dismissal was however solely on the matter of landscape impact from the turbine on a prominent exposed hillside. The matters of visual residential amenity and noise impact were not considered reasons for refusal. Similarly the air safety reason was not reported by the Inspector as relevant and the issue of cumulative impact was discounted as not significant. These comments from the Inspector carry some weight in the assessment of this application. It is considered that the application site has different characteristics to this larger turbine. The proposal is only 21 metres high compared to 45 metres and located as part of a group of farm buildings rather than on an exposed hillside. The proposal will have far less impact in the immediate locality and be beyond most distant views unlike the larger turbine refused.

As such the turbine refused is considered not to set a precedent to refuse other turbines of more acceptable characteristics in the area i.e. each application is assessed on its individual planning merits. Shadow Flicker It is generally acknowledged that the potential impact of shadow flicker on residential amenity is only likely to be an issue within 10 x rotor diameters of the turbine (in this case 131m) and within 130o either site of north relative to the turbine. In this case there are no residential properties within the zone likely to be affected by shadow flicker. Noise Impact An acoustic report has been provided regarding the CF20 turbine model. The findings are considered acceptable to Environmental Health who recommend appropriate noise limit conditions as assessed against the nearest residential properties. The modest sized turbine is not considered to be able to generate excessive noise that would have any significant impact upon amenity. There is no cumulative noise issues with a turbine of this size associated with the larger turbines at High Pow 1.6km south. Impact on Nature Conservation Interests The proposed turbine is located within open pasture close to operational buildings and within 200 metres of a small mature woodland. The nearest hedgerow is also at 62.3 metres. The site does not have any local or national wildlife designations and there are no Sites of Special Scientific Interest in the area. The applicant has provided a summary appraisal of the ecological issues and concludes that the site and surroundings has little unique habitat with the turbine and its blades beyond the line of the nearest hedgerow. There will be no impact upon the hedgerow as a possible habitat for protected species including bats. The applicant refers to standing advice from the RSPB and Natural England that supports small scale turbine developments with regard to their contribution to combating climate change and their minimal impact on wildlife. The only ecological issue is the habitats found at and adjacent to the site. The installation of the proposed turbine would have no impact on the loss of habitat with no tree or hedgerow removal planned. Collision risk and disturbance or displacement of species are considered the only two effects that may occur. Given the habitats at the site, smaller more agile birds will be most common and the turbine blades from the 21 metre turbine are unlikely to have any significant impact. Impact on any local bat population is considered unlikely as the hedgerow and tree habitat is more than 62.3 metres from the turbine site which accords with advice from Natural England that wind turbines are unlikely to affect bat populations where a 50m buffer is maintained from foraging habitat.

It is Officers’ opinion that an adequate assessment has been provided and that matters of ecological interest are not affected. Impact on Heritage Assets and their Settings There are a number of Listed Buildings within 1 km of the site; the nearest being Thackthwaite Hall 0.6km north-west of the site. Considering the separation distance and the relationship between the turbine site and Listed Buildings in the area, there is considered to be no significant harm to these heritage assets. There are four sites of archaeological interest sited 3km north of the proposed site. None are under threat from any excavations. Electromagnetic Interference The digital TV in the UK is not affected by electromagnetic interference previously associated with analogue reception. Any scattering or disruption of a signal is a rare occurrence and associated only with larger scale turbines. There is no recorded evidence of interference of any kind of signal from a turbine less than 45 metre high. Proximity to Airports and Flight Paths There will be no impact on the flight paths of Carlisle airport 40km and Dovenby Helipad 22km. No objections have been received from statutory consultees on this matter. 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 a condition to protect the highway surface from dirt and debris during construction and to provide a comprehensive Construction and Traffic Management Plan. Potential benefits to the Local Economy and Local Community It is acknowledged that the proposed turbine will have local economic benefits in terms of the contribution it would make to the sustainability of the agricultural operation at the host farm with renewable energy contributing to its self-sufficiency. Local Financial Considerations Having regard to S70 (2) of the Town and Country Planning Act there are local finance considerations that are relevant to the consideration of the application with regard to economic benefits to the farming business. This has had no weight in the determination of this application. Conclusion It is considered that despite refusal for a larger turbine at a nearby site, the proposed turbine is judged to be acceptable with minimal visual and landscape impact with no significant harm upon the residential amenity of nearby dwellings. The proposals are

similar in size and siting to other turbines within a 5km area without any outcome of harmful cumulative impact. The potential benefits of the proposed wind turbine providing a self-sufficiency of energy for the farm operations are recognised. Additionally there will be likely a contribution to meeting renewable energy and low carbon targets.

Annex 1 Conditions 1. The development hereby permitted shall be begun before the expiration of

three years from the date of this permission. Reason: In order to comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning & Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out in accordance with the following plans: DWG001 - Location plan DWG 002 - Block plan CF20_15Mast - Proposed elevations Email regarding confirmation of turbine colour finish. (amended plan 22/1/2015) Reason: In order to ensure a satisfactory standard of development.

3. This permission shall remain valid for a period of 25 years from the date that

electricity from the development is first produced ('First Export Date'). The date of the first production of electricity shall be notified in writing to the Local Planning Authority within 28 days of the event occurring. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with the National Planning Policy Framework and Policies S32 and S33 of the Allerdale Local Plan (Part 1), Adopted July 2014.

4. Not later than 12 months before the end of this permission, a

decommissioning and site restoration scheme shall be submitted for the written approval of the Local Planning Authority. The scheme shall make provision for the removal of the wind turbines and the associated above ground equipment and foundations to a depth of at least one metre below ground. The approved scheme shall be fully implemented within 6 months of the expiry of this permission. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with the National Planning Policy Framework and Policies S32 and S33 of the Allerdale Local Plan (Part 1), Adopted July 2014.

5. If any turbine hereby approved ceases to be operational for a continuous

period of at least 6 months, the turbine shall be removed and the land restored in accordance with a decommissioning and site restoration scheme approved in writing by the Local Planning Authority. The decommissioning and site restoration scheme shall be submitted to the Local Planning Authority within three months of the continuous six month cessation period coming to an end.

The land shall be restored in accordance with the approved scheme within 6 months of the scheme's approval by the Local Planning Authority. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with the National Planning Policy Framework and Policies S32 and S33 of the Allerdale Local Plan (Part 1), Adopted July 2014.

6. Within 6 months of the completion of the construction works, any temporary

working areas around the turbine shall be removed. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with the National Planning Policy Framework and Policies S32 and S33 of the Allerdale Local Plan (Part 1), Adopted July 2014.

7. a) Night time noise limits (11pm-7am) – The LA90 (10 minutes) specific noise

level shall not exceed 45dB(A) when assessed and measured 3.5m from the façade of the nearest financially involved noise sensitive use, namely ‘Clea Oaks, Westward, Wigton, CA7 8NQ’ (in existence at the date of this permission) or 5dB above the night time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater. b) Day time noise limits (7am-11pm) – The LA90 (10 minutes) specific noise level shall not exceed 45dB(A) when assessed and measured 3.5m from the façade of the nearest financially involved noise sensitive use, namely ‘Clea Oaks, Westward, Wigton, CA7 8NQ’ (in existence at the date of this permission) or 5dB above the quiet day time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater. c) Night time noise limits (11pm-7am) – The LA90 (10 minutes) specific noise level shall not exceed 35dB(A) when assessed and measured 3.5m from the façade of the nearest noise sensitive use, namely ‘Clea View, Westward, Wigton, CA7 8NQ’ (in existence at the date of this permission) or 5dB above the night time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater. d) Day time noise limits (7am-11pm) – The LA90 (10 minutes) specific noise level shall not exceed 35dB(A) when assessed and measured 3.5m from the façade of the nearest noise sensitive use, namely ‘Clea View, Westward, Wigton, CA7 8NQ’ (in existence at the date of this permission) or 5dB above the quiet day time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater.

Reason: In the interests of residential amenity and in accordance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

8. In the event of a complaint being received in writing by the Local Planning

Authority alleging noise nuisance at a residential property or properties due to the wind turbine, the wind turbine operator shall, at its expense, employ an independent consultant approved by the Local Planning Authority to measure and assess the level of noise emissions from the wind turbine at the location of the complainant’s property. The results of the independent consultant’s assessment shall be provided in writing to the Local Planning Authority within three months of the date of notification of the complaint. If a breach of Condition 7 parts c or d is confirmed in the assessment the operation of the turbine will cease until the Local Planning Authority is satisfied the turbine can

operate within the noise limits specified in Condition 7. The operator of the development shall be under no obligation to follow the procedure set out in this condition where the complaint relates to a residential property more than three kilometres from the wind turbine generator. Reason: In the interests of residential amenity and in accordance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

9. No development shall take place until a scheme for a condition survey of the

public highway from the site access along the haul route prior to development commencing and after development is complete has been submitted to and approved in writing by the Local Planning Authority. Any necessary remedial works identified shall be made good in accordance with the approved scheme after the turbine has been erected and made operational. Reason: In the interests of highway safety

10. During the delivery and construction phases of development, no vehicle shall

leave the site in a condition that would give rise to the deposit of mud, dust or debris on the public highway. Reason : To safeguard the condition of the highway with regard to highway safety.

11. Before the delivery and construction phases commence at the site, a

Construction and Traffic Management Plan shall be submitted to the Local Planning Authority and approved in writing.for approval. The measures identified within the plan shall be implemted as approved.

Reason : In the interests of highway safety. Proactive Statement Application Approved Following Revisions The Local Planning Authority has acted positively and proactively in determining this application by identifying planning policies, constraints, stakeholder representations and matters of concern within the application (as originally submitted) and where appropriate negotiating, with the Applicant, acceptable amendments and solutions to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.