PARISH Elmton with Creswell ________________________________________________________________________ APPLICATION LOCATION Erection of Wind turbine (45m high to blade tip) Land Approximately 400M To The East Of Markland Farm On Disused Railway Line off Markland Lane Clowne APPLICANT Sheaf Energy Limited Wards Court 203 Ecclesall Road Sheffield S11 8HW APPLICATION NO. 12/00588/SCREEN FILE NO. CASE OFFICER Mr T Ball DATE RECEIVED 17th December 2012 DELEGATED APPLICATION ________________________________________________________________________ SITE Former railway line used as footpath route and as farm access to fields. Open agricultural area with a mix of arable and pastoral land. Field boundaries generally maintained hedgerows to southern side of former railway line, large open fields to northern side. Boundaries to former railway fragmented overgrown hawthorn hedgerow with other trees and shrubs. General flat landscape with to the north (approx. 200m), east (300m) and south (300m) Markland and Hollinhill Grips – a limestone gorge with caves and wildlife interests. – with woodland to gorge tops/sides and bottom. Markland and Hollinhill Grips are an SSSI and a conservation area, also listed in the Derbyshire Historic Environment Record (HER) and described as a limestone gorge with 3 arms containing 12 caves 41 possible rock shelters of various sizes and numerous fissures. The land in between the two gorges of Markland and Hollinhill is the Markland Grips Promontory Fort, a scheduled Ancient Monument and described in the HER as an Iron Age hill fort re-occupied in the 2nd/3rd century. The field to the west of the Ancient Monument is also recorded in the HER as an area where prehistoric flints, and RomanoBritish pottery sherds have been found. The proposal is situated approximately 40m west of this area which also forms the boundary of the Conservation Area. The former railway line is recorded in the HER as part of the Lancashire, Derbyshire & East Coast Railway Langwith to Beighton branch, opened 1989, closed to passenger traffic in 1939. The former railway line is also a wildlife site recorded in the Derbyshire Wildlife Sites Register being one of the few remaining disused railway lines still supporting excellent examples of magnesian limestone habitats especially unimproved calcareous grassland. . PROPOSAL This is request for a screening opinion as to whether an Environmental Impact Assessment will be required for the proposed development. The proposal is to install one wind turbine, 50kW, hub height 35m with10m blades giving blade tip height of 45m on the former railway line in a position approximately 370m east of Markland Farm, 560m south-east from Hollin Hill Road at Clowne (by the water treatment works). CONSULTATIONS Local Highway Authority (DCC): No objections. 16.01.13 Report 12-588 Page 1 of 4 Derbyshire Countryside Services Greenway Officer (DCC): Railway line is safeguarded as a trail through the Bolsover District Local Plan; it is still a long term strategic aim to develop a multi-user Greenway along the railway line between Clowne and Creswell. It is essential that the route be kept free of any development that may impinge on this. The proposed Greenway is identified in the East Derbyshire Greenway Strategy and the Bolsover Green Infrastructure Study. 17.01.13 Coal Authority: No observations or specific comments, the proposal does not fall within the defined ‘Development High Risk Area’. 23.01.13 Elmton with Creswell Parish Council: Need an Environmental Statement. 25.01.13 Whitwell Parish Council: The Parish Council are concerned with the positioning of the turbine and would prefer it to be sited at least 50metres from the footpath. We are also concerned about its proximity to the Landmarks site regarding noise disturbance and what impact this would have on those attending the site. 29.01.13 Clowne Parish Council: As a neighbouring Parish Council Members continued to express concerns (as previous). The location of the turbine is inappropriate as it is the location of a regular walk (R of W) for local parishioners. Members continued with the following concerns: too close to residential properties, within a conservation area, noise pollution. 05.02.13 Pollution Control Officer (Noise): Potential noise levels will need to be addressed. Applicants should be mindful that ETSU-97-R suggests that noise issues should be taken into account when making an application. This is likely to require a background noise survey, the noise assessment for the proposed turbine should then address all potential noise related problems. 04.03.13 Derbyshire Wildlife Trust: The site for the turbine appears to be on or adjacent to Local Wildlife Site BO096. At the very minimum an application should be supported by an extended Phase 1 Habitat Survey and Protected Species Assessment with particular focus on determining the level of bat activity in the vicinity of the proposed turbine. The application should adhere to Natural England’s Technical Information note in relation to Bats and the siting of turbines. 14.03.13 Development Control Archaeologist (DCC): Located on course of former railway (Derbyshire HER 99014), therefore unlikely to encounter any significant archaeological remains. General location however of high archaeological significance - 170m west of Scheduled Monument – Markland Grips promontory fort. Likely to be significant visual impacts on the setting and its amenity value; currently accessible by public footpath at its south-western end. Views of English Heritage should be sought. Below-ground archaeological resource associated with the fort extends further west than the scheduled area, to within 40m of proposed location. Peripheral groundworks associated with the turbine may impact on undesignated below-ground remains. Any application must therefore make careful assessment of likely visual impacts to the scheduled fort in particular, and in general to other designated heritage assets within the visual envelope of the proposal and of direct impacts to undesignated below-ground archaeology to allow the heritage impacts to be understood inline with the National Planning Policy Framework. 25.01.13 Natural England: On the basis of the material supplied, in so far as statutory designated sites, landscapes and protected species are concerned, an EIA is not required because the interest features of the nearby SSSI are not likely to be significantly affected by the proposals. Not aware of any significant populations of protected species. If determine that an EIA is not required should ensure that application is supported by sufficient biodiversity and landscape information to assess the weight to give to these material considerations. 13.02.13. English Heritage, Conservation Manager (BDC): No responses received. Report 12-588 Page 2 of 4 PUBLICITY N/A POLICY 2011Town and Country Planning (Environmental Impact Assessment) Regulations (“the EIA Regulations”) The authority must consider whether the proposed development is either Schedule 1 development or Schedule 2 development that is likely to have significant effects on the environment by virtue of factors such as nature, size or location, taking into account the selection criteria in Schedule 3. Guidance for wind farm developments is also set out in Circular 2/99: Environmental Impact Assessment. ASSESSMENT Under the EIA Regulations the proposed development is not Schedule 1 development. Under the EIA Regulations the proposed development is a Schedule 2, Regulation 2(1), development, being an installation for the harnessing of wind power for energy production (wind farms). In accordance with paragraph 3 (i) of Schedule 2, the proposal does meet the criteria for EIA development as it involves the installation of one turbine with a hub height which exceeds the 15m criteria threshold. Selection criteria for screening Schedule 2 development is set out at Schedule 3 of as required under Regulation 4(6). Regard must be had to the characteristics of the development (including: size, cumulation with other development, production of waste, pollution, nuisance, accident risk); location of development (environmental sensitivity having regard to factors including: land use, nature reserves, forest areas, densely populated areas, historic landscapes etc); and the characteristics of the potential impact (extent of the impact and size of the area/population affected, magnitude and complexity of the impact, the probability of the impact, and the duration, frequency and reversibility of the impact). DETR Circular 02/99 Environmental Impact Assessment provides additional indicative criteria and thresholds for the identification of Schedule 2 development requiring EIA. This indicates for wind farms that the likelihood of significant effects will generally depend on the scale of the development and its visual impact as well as potential noise impacts. EIA is more likely to be required for commercial developments of 5 or more turbines or more than 5MW of new generating capacity. The Secretary of State’s view in Circular 2/99 is that an Environmental Impact Assessment is required for Schedule 2 developments in three main types of case: for major developments which are of more than local importance; for developments which are proposed for particularly environmentally sensitive or vulnerable locations; and, for developments with unusually complex and potentially hazardous environmental effects. A sensitive area as defined in the Regulations includes Sites of Special Scientific Interest, and scheduled monuments. The Circular confirms that the SSSI interest includes any consultation areas around them. The site in addition to being in proximity to both Ancient Monuments and an SSSI is within such a consultation zone for the Markland and Hollinhill Report 12-588 Page 3 of 4 Grips SSSI. The Circular indicates that in practice the likely environmental effects of Schedule 2 development will often be such as to require EIA if it is to be located in or close to an SSSI. Natural England considers that the interest of the SSSI is not likely to be significantly affected by the proposal. With respect to impacts on the Ancient Monument the Circular advises that EIA is more likely to be required if the development would be likely to have significant effects on the special character of the sensitive area (i.e. the Ancient Monument). The proposed wind turbine is not located within the Scheduled Monument but is within 170m. The open agricultural character of the general area around and including the Monument is a significant feature of its setting, although overhead power lines cross the area close to the monument and the site of the proposal is a former railway line. The impact of the erection of a wind turbine up to 45m high will have a visual impact on the area and the setting of the fort. An assessment of the impact of the proposal upon this heritage asset in particular, including its setting, will be an important requirement for any application, and will be needed to address the policy requirements of the NPPF and the Council’s duties under the Planning (Listed Buildings and Conservation Areas) Act 1990. English Heritage has not responded to consultations on this request and on the basis of the available information it is concluded that subject to such an assessment the impact of the proposal is unlikely to be of more than local importance. Conclusions/Reasons for Approval From the information submitted it is therefore considered that taking into account the characteristics of the development (one turbine, maximum height 45m), the location of the development (unlikely to have more than a local impact on sensitive areas) and the characteristics of the potential impact (remote from other occupied development) that the development does not require an EIA. RECOMMENDATION An Environmental Impact Assessment is not required for the development proposed. However the technical reports suggested by the applicant should accompany any application and should include: An Assessment of Landscape and Visual Impact; Assessment of Impact on Heritage Assets in particular the Ancient Monument and the Markland and Hollinhill Grips Conservation Area, and to include impact on other nearby heritage assets; Ecological Assessment to include an Extended Phase 1 Habitat Survey and Protected Species Assessment with a particular focus on the level of bat activity in the vicinity of the turbine; Impact on existing and proposed public rights of Way including the existing informal use of the railway line as a footpath/cycle route; Noise Assessment. _______________________________________________________________________ Officer T Ball Endorsing Officer S. Phillipson Date 15.05.13 Date 21.05.13 Report 12-588 ( Page 4 of 4 Determining Officer C Doy Date 24/5/13