12/00123/FUL AGENDA ITEM 7 ERECTION OF THREE-BLADED WIND TURBINE OF HEIGHT TO CENTRE OF HUB 55.6m AND HEIGHT TO BLADE TIP OF 79.6m ON LAND AT BLAKELEY FARM, BLAKELEY LANE, WHISTON FOR MR DAVID COTTON. Parish: Kingsley Case Officer: Mr. A. D. Swithenbank Grid Reference: SK 053 469 Registration: 15/08/2012 THE APPLICATION The proposal is for a three-bladed wind turbine with a potential peak power output of 500kW mounted on a tapered tubular tower of height 55.6 metres, matt pale grey in colour. The base diameter is not stated but measures from plan as in excess of 3.0m tapering to approximately 2.0 metres. The blade length is 24.0m giving an overall height to blade tip of 79.6 metres. Two equipment box units are required alongside the tower base measuring 3.05m x 2.95m x 2.44m in height to eaves. A 350m long 4.0m wide temporary access road across fields would be required to enable construction access. Drawings with the application show this to be constructed by excavation to a depth of 500mm and filled with aggregate, although accompanying documentation refers to the use of removable temporary sectional road surface panels which, following removal, would “leave no visual impact on the local landscape”. A levelled working area of 1050m2 would be excavated at the turbine base involving removal of 364m3 including the top soil. The latter would be retained on site for re-use to cover the operational site area on completion of construction. Profile sections have not been provided and it is therefore unclear precisely how the landform would be altered. Connection to the electricity grid would be via underground cables using ducting laid along the access routes. Although capable of running at a power output of up to 500kW, for reasons of noise control the application proposes that the turbine would operate at a maximum of 300kW during the daytime and only at the full 500kW at night. The applicant has not stated the expected actual power outputs of this proposal but refers to an estimated annual carbon saving of 795 tonnes. By conversion at the rate of 0.543kg of carbon saved for every kWh of wind energy generated this suggests a predicted power output of 1.4MWh per annum. Using the OFGEM UK average annual household consumption of 4,100kWh it appears this project could supply wind generated electricity equivalent to the annual demands of 357 homes. The agent for the applicant was invited to confirm the predicted power output along with certain other information but no additional details have been forthcoming. The application documents extend to more than 130 pages and include a Design and Access Statement and a Planning Statement and Environmental Report with the following appendices: Extended Phase 1 Habitat Survey, Bat Activity Survey, Landscape and Visual Impact Assessment, Noise Data and a Shadow Flicker data schedule. SITE LOCATION /DESCRIPTION The location is on a subsidiary but prominent ridge on the rising eastern flanks of the 7.1 AGENDA ITEM 7 Churnet Valley 600m north east of the hamlet of Moneystone, 1.6km east of Whiston, 1.7km north west of Cotton and 2km north of Oakamoor. The site is a 1.5 ha (less than 4 acre) field on steadily rising ground towards the summit crest of a generally north west to south east ridge line of height generally 275m to 280m AOD. The base altitude of the turbine would be at approximately the 275m contour. Immediately to the east of the turbine ridge is the secluded shallow valley of the Cotton Brook with Cotton Dell to its southern end and the hamlets and closely scattered houses and farmsteads of Upper Cotton to the northern end lying within a 1km radius of the turbine site. The general immediate surroundings are attractively varied in topography and land use with a mixture of woodland, ponds, water courses, rough grassland, meadows and pastures typically small in scale, some with walls others with hedgerow boundaries, all combining with the scatter of mainly traditional stone properties to give a delicate and distinctly rural feel to the landscape. In the wider setting the landscape generally rises to the north east towards Windy Harbour and the higher Ipstones Edge 3km to the north. The landscape falls away within 2km to the south west into the bottom of the Churnet Valley. The recently discontinued Moneystone quarry lies immediately to the south west and the Caldon Quarries are some 3km to the north east but neither of these impinge directly on the visual qualities and character of the local setting of the application site. A public footpath right of away which is also a link in one of the promoted Staffordshire Moorlands Walks passes along the north west boundary of the field of the application site within 20m of the blade reach. There is also a moderate density of interlinking public rights of way within generally close range of the proposal. The ridge top land bordering east and north of the site proposal field is open access land with a right of public access on foot under the Countryside and Rights of Way Act (2000). Staffordshire Wildlife Trust own and manage land as part of their Cotton Dell Nature Reserve southwards from the application site. The nearest residential properties are at Blakeley Lane within 400m to the west and at Cotton Lane a similar distance to the east. There is a wide scatter of some 50 further properties within a half to 1.5km radius. PLANNING HISTORY The following relate to Blakeley Farm some 500m to the north west of the site location: 10/00949/FUL – agricultural building to house cattle – approved 11/00725/FUL – slurry lagoon – approved REPRESENTATIONS Expiry of: Press notice: 12th September 2012 Site notice: 24th September 2012 Neighbour notices: 13th September 2012 20 letters of objection from local residents concerned principally by impacts on landscape, wildlife, health and residential enjoyment, noise, shadow flicker, tranquillity, misleading and inaccurate photo representations. 7.2 AGENDA ITEM 7 Staffordshire Wildlife Trust – ‘holding objection’ citing insufficient survey assessment for bats and for birds; measures needed to ensure protection of Great Crested Newts. CPRE Staffordshire – objection due to visual prominence and incongruity with rural character, loss of tranquillity. CONSULTATIONS Kingsley, Cotton and Oakamoor Parish Councils Awaited – the Clerk has confirmed that the above Parishes will consider the proposal at their September meetings and responses are expected in advance of the Planning Applications Committee date. Local Highway Authority Object – The access road leading to the site is substandard in that the junction of Blakeley Lane with the A52 and the junction of Blakeley Lane and the farm access track both appear to be of inadequate geometry to accommodate abnormal loads and Blakeley Lane appears likely generally to be of inadequate construction to accommodate abnormal loads and the use of such roads by abnormal loads would result in an increase in the likelihood of danger to road users. This recommendation of refusal will not prejudice consideration of a further application at a later date when: information on the size, weight and number of proposed abnormal loads; information on the size and weight of the large crane; ‘Autotrack’ runs of Blakeley Lane/A52 junction, Blakeley Lane and Blakeley Lane/access track junction; proposals to jointly inspect the condition of Blakeley Lane before and after construction and agreement of remedial works or proposals for a smaller turbine or smaller components deliverable on smaller vehicles are included in the application. County Environmental Advice Considers an appropriate methodology of landscape impact assessment to have been followed. Considers insufficient information to have been provided to assess the potential impact of the proposal on bird life. Natural England Awaited. Ecology and Landscape Officer Object – The landscape impacts are judged considerable and should be considered grounds to refuse the application as being contrary to landscape policy. Bat survey and assessment has been undertaken which has not revealed any evidence suggesting a significant threat to bats. There is limited basis to assess the potential threat to birds of a single wind turbine of this size despite its ridge location. In the event of approval a monitoring regime should be agreed with the LPA to gather evidence as to any harm to bird life. Subject, in the event of approval, to survey and mitigation as necessary with regard to Great Crested Newts there is no grassland ecology concern. 7.3 AGENDA ITEM 7 Environmental Health Officer Object – In order to accept the validity of the submitted noise data the relevant accredited report as conducted under the international standard IEC 61400-11 should be provided. This document has not as yet been provided although it has been referenced in the day and night time noise calculations provided by the applicant under a disclaimer paragraph in the applicant’s acoustic submission. There was also a request for information relating to any tonality associated with the turbine but this too has not been provided. In the absence of documentation to support the sound power levels and predicted noise impact levels at the referenced wind speeds then the data submitted cannot be considered as validated at this stage. The proposal to operate the turbine at increased power and rotational level at night should also be explained as part of any supplementary information in order to understand why it is appropriate to increase the turbine noise threshold when background noise levels decrease. So in the absence of the further supporting data which was requested the advice at this stage is refusal on the grounds of insufficient information. Shadow Flicker implications must be considered for properties situated within an arc of 1300 either side of north and within a distance from the turbine of up to 10x the rotor diameter. The application identifies three properties with the potential to be affected by shadow flicker on a maximum of 22, 38 and 43 days respectively per annum though in each case for only short spells of 6 minutes, 15 minutes and 18 minutes respectively. As these are worst case predictions but amount to very short periods it may be judged that the effects would not be unduly disruptive to the health, well-being and amenity of the occupiers. POLICIES West Midlands Regional Spatial Strategy QE1 Conserving and Enhancing the Environment QE6 The Conservation, Enhancement and Restoration of the Region’s Landscape. QE7 Protecting, Managing and Enhancing the Region’s Biodiversity and Nature Conservation Resources EN1 Energy Generation. Staffordshire Moorlands Local Plan (1998) N8 Special Landscape Area N9 Special Landscape Area B13 Built Environment Staffordshire and Stoke-on-Trent Structure Plan NC1 Protection of the Countryside NC2 Landscape Protection and Restoration D2 Design and Environmental Quality of Development National Planning Policy Framework (NPPF) Paragraphs 1 – 17 Section 3 Supporting a prosperous rural economy Section 7 Requiring good design 7.4 Section 10 Section 11 PPS.22 AGENDA ITEM 7 Meeting the challenge of climate change, flooding and coastal change Conserving and enhancing the natural environment Planning for Renewable Energy, A Companion Guide to PPS 22. Staffordshire Moorlands Core Strategy Development Plan Document (Revised Submission Document, December 2011) SS1 Development Principles SD2 Renewable and Low-Carbon Energy SO2 Adapting to Climate Change – Spatial Objectives SO8 Design and Conservation Policies - Spatial Objectives SO9 Countryside, Landscape and Biodiversity - Spatial Objectives DC1 Design Considerations DC3 Landscape and Settlement Setting NE1 Biodiversity and Geological Resources OFFICER COMMENT Main Issues The main issues in respect of this turbine proposal are: What are the impacts of the proposal on the surrounding area in terms of landscape character and visual effects for people in the area? What is the effect on the amenity of nearby occupiers both during construction and in operation, particularly with respect to visual intrusion, shadow flicker and noise and general disturbance? What are the benefits of the proposal, particularly the benefits of renewable energy generation in addressing climate change, and are these sufficient to outweigh any harm anticipated after consideration of the above issues? Policy 1. The location is within the Special Landscape Area and therefore Staffordshire Moorlands Local Plan saved policies N8, N9 and B13 apply. 2. There are national policies to establish sources of renewable energy as supported by section 10 of the National Planning Policy Framework (NPPF) 2012 but the NPPF also makes clear that approval should not follow where material considerations indicate otherwise. 3. Several policies under the Staffordshire and Stoke-on-Trent Structure Plan (2001) apply. NC1, Protection of the Countryside, requires that the countryside be safeguarded for its own sake, that new buildings be strictly controlled respecting the character of the countryside and maintaining or improving the environment with mitigation of, or compensation for, any adverse environmental impacts. NC2, Landscape Protection and Restoration requires that development be informed by and sympathetic to landscape character and quality and should contribute, as appropriate, to the regeneration, restoration, enhancement, maintenance or active conservation of the landscape. Informing this policy is the Staffordshire and Stoke-on-Trent Structure Plan Supplementary Planning Guidance (SPG) Planning for Landscape Change (2001). 7.5 AGENDA ITEM 7 This provides a systematic evaluation of landscape quality and characteristics across the county. In this county-wide context the proposal site is placed within the Dissected Sandstone Highland Fringe landscape character type. The adopted landscape policy for this location is ‘landscape maintenance’ indicating a high quality landscape, ranked at four on a five point scale from very low to very high quality where five is highest. The policy is for “substantial emphasis to be placed on ensuring the development blends unobtrusively into the landscape and does not lead to the loss of features characteristic of it”. Structure Plan policy D2 is concerned with the design and environmental quality of development and requires development to generally conserve and where possible improve the quality of life and the environment. Landscape and Visual Impact 4. Landscape topography, and the proportions of the proposed turbine in relation to it, are key factors in the assessment of this proposal. The proposed turbine location is in a prominent position raised up on a distinctive ridge line feature which is itself prominent within the eastern flanks of the Churnet Valley. The structure would be visible and would tend to be prominently visible from a wide arc of the surrounding countryside particularly from within 2km and up to 3km distance away. Theoretical visibility extends more widely still and subject to local details of topography, vegetation and buildings the structure is likely to appear prominent in certain views at least in certain light conditions from up to at least 5km. This is judged especially likely in views from the west and south. 5. At almost 80m in height and with a rotating blade head of three rotors describing a circle (in vertical plane) of 48m in diameter centred on a point 55.6m in the air the turbine would be striking. The structure would present a complete contrast to any currently established norm in the landscape and on this basis would be likely to be considered alien and out of character. The closest comparable structures are perhaps the masts on Ipstones Edge, between 3km and 4km to the north, the highest of which are estimated at 50 metres. 6. The prominent location and large dimensions of the turbine would combine, often or usually with the movement of the rotating blades, to make this a highly noticeable structure unlikely to blend unobtrusively into the landscape. It will more likely be regarded as incongruous and at odds with the delicate and generally tranquil setting of its immediate environs. The applicant’s submitted Landscape Visual Impact Assessment concludes that the proposal would have a “moderately adverse impact”. However this conclusion has been drawn from a structured assessment in which it was concluded that there was no cumulative impact, no impact on tranquillity, no incongruity and that the people affected or ‘receptor’ impact was of low importance. Each of these conclusions is readily contestable and if it is judged in relation to any one or all of the following that in fact the turbine would present an incongruous structure in this landscape; would disrupt tranquillity, which is not solely about noise but the movement and sense of artifice in a natural setting are also factors; would interact cumulatively with for example the Ipstones Edge masts and if it is judged that the receptor implications are greater given the communities of properties affected and the recreational importance of the immediate area the impact becomes greater than moderately adverse. 7.6 AGENDA ITEM 7 7. Inevitably it is at very close quarters that the impacts of the proposal would be most noticeable. With, in addition to the turbine, the requirement for landscape excavation to create a level operational platform on the gently sloping field site and the erection of two equipment cabins the character of the field location would be markedly altered and in effect ‘urbanised’. It is less clear what lasting impact the provision of an access track for construction purposes would have but there are risks of negative impacts from this, certainly if built to the plan specifications as provided. The location as existing has an intimate appeal. The proportions of the field and of the nearby topography generally are quite small in scale. The shorter of the field boundaries north east of the proposal site is only 100m and the longer field boundary around 150 metres. The height of the woodland trees bordering two sides of the field is only in the order of 10metres. The turbine at 55.6m to hub and almost 80m to blade tip would dominate this field and appear very much out of proportion to this setting adding to its sense of incongruity. 8. Visual impact is about considering to what extent people’s experience of the landscape could be affected by the proposal. This has already been considered in part above but in addition particular reference needs to be made to the impacts for users of the top road 1.5km to the north east especially between the Threelows junction at the Ramshorn Common end and Windy Harbour, and to users of the main A52 particularly when dropping down westwards from Windy Harbour towards Whiston. These are well used routes and would give rise to views of the turbine over extended lengths. The density of the local public rights of way network and the proximity of a block of open access land bordering with the proposal field and the evidently well used nearby footpaths tend to a conclusion of at least moderate impact levels not least because at the close distances the noise impacts will be significant as well as the visual impacts. Residential Amenity 9. The Environmental Health Officer assessment of noise impact is that further validation of the data submitted needs to be provided. Further information is also needed to allow consideration of any ‘tonality’ or low frequency noise which may be caused. Shadow flicker, although a factor for consideration with this proposal, is judged unlikely to be harmfully disruptive to the occupiers of the premises affected. Highway Safety 10. The Highways Officer recommends refusal. Ecology 11. As outlined above in the consultation responses section it is found that there are no outright grounds for ecological rejection of the proposal but the implications for birdlife are not established. In the event of approval various measures of mitigatory management and observation would be recommended. Heritage Assets 12. No Listed Building or Conservation Area issues identified in relation to this application. Public Footpaths and Bridleways 13. One public footpath passes within 20m and is a promoted Staffordshire Moorlands Walk. As discussed in the opening description and at 4 and 8 above the users of a 7.7 AGENDA ITEM 7 moderately dense network of local public access routes will be affected by both noise and visual impacts. Grid Connection 14. This would be by underground cable. It is not known if additional improvement works to any overhead lines would be necessitated potentially adding visual intrusion elsewhere in the countryside. Overall Balance and Conclusion 15. The application is for a 500kW turbine which it is estimated will produce 1.4MWh of wind generated energy per annum, equivalent to the amount of energy consumed by 357 residential properties each year. The provision of this level of renewable energy is a material consideration of significant weight in the determination of this application. It will contribute in a significant way to regional and national energy targets. However a balance must be struck between competing considerations. This is a large scale proposal in a landscape of small scale features and as such is out of proportion. Along with the extent of other associated development the proposal would bring a strongly urbanising effect to an otherwise rural location. In direct conflict with the adopted landscape policy this proposal would be obtrusive and would not blend with the landscape. The development would disrupt the sense of tranquillity of the immediate surroundings visually and through noise. The area is rich in its recreational appeal owing to the quality of landscape and wildlife including a County Site of Biological Importance and a Staffordshire Wildlife Trust nature reserve and owing to the extensive opportunities of public access by means of rights of way and open access land available close by. There are concerns from the Environmental Health Officer that the potential disturbance to residential properties has not been fully evaluated and whilst it is possible that with further information these concerns may be resolved it is essential given the potential significance of the effects upon residents that these issues are fully understood. Approval of the application would not be appropriate whilst there is doubt. 16. In this instance, taking account of all matters raised and which have been discussed above, it is concluded that the balance is against this proposal. The considerable harm that it would cause to the character and appearance of the area in this particular case outweighs the benefit of producing renewable energy and contributing towards Government targets. For these reasons a recommendation of refusal is made. Therefore having regard to national and local planning policy and to the information provided with the application the judgment is that this proposal is inappropriate due to its significant and harmful landscape impact and harmful visual impact on highly sensitive receptors. As such the proposal is contrary to Polices N8 and N9 of the Local Plan, Policies NC1, NC2 and D2 of the Structure Plan and to national planning policy in the NPPF. OFFICER RECOMMENDATION Planning permission be refused for the following reasons: 1. The considerable harm that it would cause to the character, tranquillity and appearance of the area which in this particular case substantially outweighs the benefit 7.8 AGENDA ITEM 7 of producing renewable energy and the contribution towards Government targets and would be in clear breach of Saved Policies NC1, NC2 and NC4 of the Staffordshire and Stoke on Trent Structure Plan and to national planning policy of the NPPF; 2. The unsuitability of the local road network to accommodate the abnormal loads that would be necessitated by construction traffic for the proposal and consequent potential risks to the safety of highway users; 3. Risks of unacceptable levels of noise intrusion for local residential properties. 7.9