Development Control Committee
Meeting to be held on 12 December 2012
Electoral Division affected:
Lancaster Rural East
Lancaster City: Application No. 01/12/0782
Installation of a 78 metre high wind turbine and associated transformer
container and substation container. Back Lane Quarry, Nether Kellet,
Carnforth.
Contact for further information:
Rob Jones, 01772 534128, Environment Directorate
DevCon@lancashire.gov.uk
Executive Summary
Application - Installation of a 78 metre high wind turbine and associated transformer
container and substation container. Back Lane Quarry, Nether Kellet, Carnforth.
Recommendation – Summary
That planning permission be granted subject to planning conditions controlling time
limits, working programme, building materials, site operations, highway matters,
safeguarding of watercourses and drainage, floodlighting, landscaping, shadow
flicker, noise and dust.
Applicant’s Proposal
Planning permission is sought for the erection of a wind turbine consisting of a 50m
high tower to the hub and three blades each with a length of 28m. The overall
vertical height would be 78m from the base of the tower to the tip of the blade at its
highest point. The turbine tower would be cylindrical and constructed of steel. The
blades would be constructed of glass fibre reinforced plastic. The colour of the tower
and blades has not been provided but is likely to be an off white / grey colour. The
turbine would have a generating capacity of 500kw (0.5MW) producing
approximately 1,314MWh of electricity per annum. The wind turbine would have a
maximum operational life of 25 years.
The turbine is proposed to supply electricity used at Back Lane Quarry that has an
average annual electricity consumption of 3017MWh. Any surplus electricity
produced would be fed into the national grid to produce an income generated from
feed-in tariffs.
A transformer container (6m by 2.4 metres by 2.9 metre high) at the base of the
turbine tower would house the transformer, switch gear and any generation meters
required for the operation of the proposed turbine. The cable from the transformer to
the existing substation for the quarry would be buried below the existing ground level
to connect to the existing substation serving the site. An additional substation
container (6m by 2.4 metres by 2.9 metre high) would be provided alongside the
existing substation building to accommodate the additional equipment required to
connect to the National Grid. All the containers would be of a steel or GRP
construction, in a dark blue-green finish (RAL No.6004).
Description and Location of Site
The proposed turbine would be located at Back Lane Quarry which is a large
limestone quarry located approximately 1.3km to the east of Carnforth town centre
between the villages of Nether Kellet, 600m to the south and Over Kellet, 700m to
the north east. The quarry is accessed via a road from Back Lane to the south which
leads to site offices and a car parking area with the quarry itself to the east.
Immediately to the north of Back Lane Quarry is Leapers Wood Quarry, another
limestone quarry. The quarries have a common operational boundary running west
to east. The wind turbine would be located on a steep slope that is a former quarry
spoil mound that is now grassed over on the north side of the site entrance and
office areas and approximately 120m to the east of the M6 motorway. The
transformer container would be sited at the foot of the turbine and the additional
substation container to the south-west of the turbine by the entrance to the quarry
car parking area.
The land surrounding the quarry rises to the north and east and falls to the south and
west. Agricultural land is to the south of the quarry. Substantial belts of woodland
are located along the entire north and east boundaries of the quarries with
agricultural land beyond. The nearest residential properties are located on
Windermere Road approximately 250m to the west of the turbine beyond the M6.
The Long Riddings Wood Biological Heritage Site borders the north, east and south
sides of the site entrance and office areas. The nearest sites with any higher tier
landscape designations are the Arnside and Silverdale Area of Outstanding Natural
Beauty (AONB), located 2km to the north-west, and the Forest of Bowland AONB,
located 3.1km to the south-east. The Morecambe Bay SPA is located approximately
2 km to the west of the proposed development.
The wind turbine would be sited on land designated as Countryside Area and a
Geological Heritage Site.
Background
Back Lane Quarry is a long established limestone quarry which benefits from a
number of planning permissions granted since the 1940's. The existing planning
permission for the quarrying operations permits working until 2048.
Planning Policy
National Planning Policy Framework - Paragraphs 11 – 14, 17, 56, 64, 93 -98, 109,
111, 120, 121 and 123 are relevant with regard to the requirement for sustainable
development, core planning principles, good design, meeting the challenge of
climate change, conserving and enhancing the natural environment. Paragraphs 93
– 98 are particularly relevant with regards to climate change and sources of
renewable energy.
Lancaster District Local Plan
Policy E4
Policy E7
Policy E8
Policy E12
Policy E17
Policy E18
Policy E22
Countryside Area
Protection of Water Resources
Protection of Groundwater
Nature Conservation in the Wider Environment
County Geological Heritage Site
Development affecting Protected Species
Wind Farms
Lancaster District Core Strategy
Policy SC1
Policy SC5
Policy ER7
Policy E1
Sustainable Development
Achieving Quality in Design
Renewable Energy
Environmental Quality
Lancashire Minerals and Waste Local Plan
Policy 76
Plant and Ancillary Development (off site)
Consultations
Lancaster City Council – No objection subject to the imposition of conditions relating
to time limits, working programme, lifespan of wind turbine, restriction on micro siting
of the turbine, shadow flicker, siting of electrical cabling underground, details of exact
design, specification, finish and colour of turbine, landscaping, tree protection
methods and method of investigating any reasonable noise complaint.
Over Kellet Parish Council – Object on the grounds that the turbine is too large, it is
of a size that is unnecessary to meet the quarry’s needs, it is likely to have a
significant negative visual impact, it would be harmful to local bird populations and
those migrating to and from Morecambe Bay and Leighton Moss and would increase
noise in the area.
Nether Kellet Parish Council – No observations received.
Carnforth Town Council - No objection.
Environment Agency - No objection subject to the imposition of a condition to require
the developer to undertake a contaminated land survey to demonstrate if the
proposed turbine is in an area of landfilling.
LCC Assistant Director (Highways) – No objection subject to the imposition of
conditions to require the developer to undertake a highways condition survey prior to
the delivery of the crane and turbine components, and that no part of the
development commence until the highways condition survey has been implemented
in accordance with the agreed scheme details.
Highways Agency - No objection subject to the minimum distance between the wind
turbine and the boundary fence of the M6 motorway being no less than the height of
the turbine hub plus 50m.
Natural England – No objection.
Ministry of Defence Lands (Safeguardings) - No objection but request the turbine is
fitted with aviation lighting.
Arnside and Silverdale Area of Outstanding Natural Beauty Executive Committee–
Object on the grounds that the development would have severe detrimental impacts
on both the landscape and special qualities of the Arnside & Silverdale AONB, and
reduce the potential economic benefits to the area of sustainable tourism. Given the
development’s position as a vertical structure in the low-lying landscape to the south
of the AONB and close to important public access sites and popular elevated
viewpoints the development will be prominent in the landscape and adversely affect
the enjoyment of the AONB by local residents and visitors. The development may
also have adverse effects on the adjacent Morecambe Bay SAC/SPA and
Morecambe Bay Nature Improvement Area for which mitigation measures may be
necessary.
Forest of Bowland AONB – No observations received.
RSPB – Object as further information is required on bird flight lines between the
Morecambe Bay SPA and the lagoon to the east of the proposed development site
and possibly other surrounding water bodies to enable the collision risk of the turbine
on internationally important bird populations using the Morecambe Bay SPA to be
fully assessed.
David Morris MP for Morecambe and Lunesdale has written objecting to the
application for the following reasons:
 There are serious reservations regarding the location of this turbine and its
proximity to many homes in the area.
 This turbine will provide no benefit to the local community, as any electricity
generated will be used on the site and any surplus will be fed back into the grid
and used at other aggregate sites all over the country as part of a power purchase
agreement.
 This proposal is also in a site of natural beauty and is in close proximity to the
RSPB site of Leighton Moss. There is concern amongst the residents that this
turbine would pose a threat to the birdlife at Leighton Moss.
 There are concerns regarding shadow flicker and disruption to their television
signals, such is the proximity of this proposed turbine to their properties.
Representations – The application has been advertised by site notice and press
notice.
Ten objections have been received raising the following summarised issues :
 Unacceptable visual impact on the surrounding area, Carnforth and from Arnside
and Silverdale AONB and its setting, particularly from the Warton and Warton
Crag areas.
 The turbine will be a blot on the landscape.
 The turbine would be extremely dominant on the nearby houses on the west side
of the M6.
 It will reduce the value of houses.
 The turbine will add to the many changes that the area has had to put up with.
 The quarry already produces ground reverberations from the blasting activities
which cannot be good for the foundations of properties. The wind turbine will add
to this problem.
 The turbine would be damaging to wildlife and particularly birds.
 The quarry should consider alternative renewable energy sources such as solar
panels in the surrounding fields or smaller turbines within the confines of the
quarry.
 A turbine with less visually prominent blades should be considered.
 Local raptor specialists have recorded peregrine falcon nesting regularly in the
quarry area, which does not appear to be noted in the Ecological Impact
Assessment.
 The application lists 3 possible turbine options of different energy ratings which
produce different payments from the Feed in Tariff scheme.
One letter of support has been received stating that the turbine will help Aggregate
Industries to reduce its carbon emissions and environmental impact in a way that
maintains its competitiveness and secures jobs, renewable energy will help the UK
to reduce its reliance on foreign imported gas and oil which are the main drivers of
high energy bills and help the UK to achieve national targets for renewable energy
and that the site is a good location for a wind turbine being a brownfield site and
being situated directly next to where the energy is needed.
Advice
Director of Transport and Environment – Observations
Planning permission is sought for the erection of a wind turbine consisting of a 50m
high tower to the hub and three blades each with a length of 28m to be sited
adjacent to an existing major limestone aggregates quarry near Carnforth.
Back Lane Quarry is a major consumer of electricity. In 2011 the annual electricity
consumption of the site was approximately 3017 MWh, the electricity being used to
power the crushing and screening plant, the asphalt coating plant and concrete block
manufacturing plant as well as the ancillary site support and office areas. The
applicant estimates that the turbine would produce approximately 1314 MWh of
electricity per year and therefore would provide around half of the annual electricity
requirements for the site thereby reducing its reliance on conventionally generated
electricity. During times when the quarry would not be operational (mainly during the
night) any power produced by the turbine would be exported to the national grid.
Using standard emission reduction calculations, the applicant estimates that that the
turbine would result in CO² emission reductions of approximately 565 tonnes per
year. The remaining mineral reserves at the quarry are substantial and therefore the
annual savings in CO² would be experienced over many years.
Planning policies and decisions must reflect and where appropriate promote relevant
EU obligations and statutory requirements.
Section 38 (6) of the Planning and Compulsory Purchase Act 2004 requires planning
applications to be determined in accordance with the Development Plan, unless
material considerations indicate otherwise. In considering the issues that arise from
the proposed development, it is necessary to take into consideration the relevant
policies of the Development Plan and the planning history of the site and all other
material planning considerations. Government policy is a material consideration that
should be given appropriate weight in the decision making process.
The NPPF advises that the planning system plays a key role in securing radical
reductions in greenhouse gas emissions, minimising vulnerability and providing
reliance to the impacts of climate change, and supporting the delivery of renewable
energy infrastructure which is central to the economic, social and environmental
dimensions of sustainable development. To help increase the use and supply of
renewable energy, the NPPF advises that planning authorities should recognise the
responsibility on all communities to contribute to energy generation from renewable
sources. The NPPF states that applicants for energy development should not be
required to demonstrate the overall need for renewable energy and that planning
authorities should recognise that even small scale projects provide a valuable
contribution to cutting greenhouse gas emissions. The NPPF advises that
applications for renewable energy development should be approved if impacts are
(or can be made) acceptable.
Policy ER7 of the Lancaster District Core Strategy (LDCS) seeks to maximise the
proportion of energy generated in the District from renewable sources where
compatible with other sustainability objectives. Policy SC1 of the LDCS seeks to
ensure that new development proposals are as sustainable as possible, minimise
greenhouse emissions and are adaptable to the likely effects of climate change.
The proposed turbine would reduce reliance on electricity generated by conventional
means and would therefore reduce the green house gas emissions associated with
such generation. The proposal is therefore considered to accord with the policies in
the NPPF and Lancaster Local Plan / Core Strategy regarding the need for
renewable energy generation.
The main issues to consider when assessing the environmental implications of the
proposed wind turbine are its visual impacts upon the immediate and surrounding
landscape, the impacts on ecology and geological heritage, the effect of
electromagnetic disturbance, shadow flicker, noise, traffic impacts and safety of the
M6 and aircraft.
Visual Impacts
Proposals for wind turbines are subject to Policy E22 of the Lancaster District Local
Plan (LDLP). Policy E22 states that such proposals will be assessed against their
impact on the character of the landscape, including cumulative impact of multiple
turbines; nature conservation interests, historic buildings and areas and
archaeological sites; and nearby dwellings including the effect of electromagnetic
disturbance. The policy has stricter criteria for wind turbine development within the
Arnside and Silverdale and Forest of Bowland AONBs.
The wind turbine would be sited on land designated as Countryside Area which is
subject to Policy E4 of the LDLP. This policy seeks to permit development in such
an area where it would be in scale and keeping with the character and natural beauty
of the landscape; is appropriate to its surroundings in terms of siting, scale, design,
materials, external appearance and landscaping; would not result in adverse effects
on nature conservation or geological interests; and makes satisfactory arrangements
for access, servicing, cycle and car parking.
The turbine would be located near to the western edge of Back Lane Quarry
approximately 130m to the east of the M6 within the Drumlin Field landscape
character area. The land surrounding the quarry rises to the north and east and falls
to the south and west. Open countryside is beyond Back Lane Quarry to the north,
east and south. Although the area surrounding the turbine site is predominantly
rural, there are a number of manmade influences, most notably the nearby
electricity pylons, M6 motorway, the adjacent limestone quarries, and residential
development associated with Carnforth. The villages of Over Kellet and Nether Kellet
are located beyond the respective north and south boundaries of the quarries. The
turbine would not be located within or adjacent to any nationally designated
landscapes. However, Lancaster's Green Belt is approximately 245m to the west of
the application site with the Forest of Bowland AONB approximately 3.1km to the
south-east of the site and Arnside and Silverdale AONB 2.0km to the north-west.
The applicant has submitted a variety of information to allow an assessment of the
visual impacts of the development to be made including plans showing the locations
from where the turbine would be visible, information on other wind turbine
developments showing inter visibility and photomontages showing the likely visual
impact from particular locations.
The LCC Specialist Landscape Advisor has suggested the landscape of the area
has a moderate to high level of sensitivity to wind energy development as
established in a 2005 study by Lancashire County Council. (Landscape Sensitivity to
Wind Energy Development). However, the Specialist Advisor confirms that this
assessment of landscape sensitivity is on a broad basis and there will be local
topographical and landscape features which should be taken into account in
assessing the impact of individual developments.
Immediately beyond Back Lane / Leapers Wood Quarry, the land rises to the east to
approximately 151m in Kit Bill Wood to the east of the quarry complex. The turbine
itself would be located at approximately 54m AOD well below the elevated land to
the east. This is important as this high ground will reduce the locations from where
the turbine will be visible and in particular will reduce visual impacts from Over Kellet
and other locations close to the east of the turbine.
However, with a blade tip height of 78m the proposed wind turbine would be visible
over a wide area particularly from the south, west and north west . The turbine
would be visible to a greater or lesser extent from some parts of the Arnside and
Silverdale AONB and Forest of Bowland AONB, and the villages of Warton, Borwick,
Nether Kellet and Slyne, the M6, west coast main line and coastal areas between
Carnforth and Silverdale. The turbine would also be visible from some parts of
Carnforth. However, the visual impact of the development from these locations
would vary depending upon the distance to the receptor and intervening landscape
or built features. In particular the views from the nearby AONB would be of a more
distant nature being at least 2.5 km from the turbine therefore reducing the likely
impact.
Whilst the proposed wind turbine would be visible across a wide area the actual
impacts on many views would be substantially mitigated by the filtering or screening
effects of the undulating topography, vegetation cover and buildings. This is
particularly the case in views of the site from areas to the north, east and south.
When moving through the landscape, the visibility of the turbine would be intermittent
even from locations within close proximity as progression from enclosed to open
spaces often occurs over relatively short distances, particularly where woodland and
field trees occur as is the case around the area within which the proposed wind
turbine would be located. Although the area within which the turbine would be
located is largely rural, the presence of significant urban features particularly in areas
to the west of the application site does intrude and there is a marked reduction in the
level of landscape tranquillity compared with that found in the more remote elevated
areas to the east which extend towards the Lune Valley.
With regard to specific areas, the likely visual impacts should be considered from
Arnside and Silverdale AONB, Carnforth – Hest Bank, Nether Kellet, the Forest of
Bowland AONB and the nearest residential properties on Windermere Road
approximately 250m to the west of the turbine beyond the M6.
Arnside and Silverdale AONB - In views from lowland areas such as Warton and
Yealand Conyers, the proposed wind turbine would largely be obscured by
vegetation, topography and buildings. From elevated viewpoints near to the fringe of
the AONB e.g. Warton Crag, the turbine would be clearly visible but due to the
effects of distance, the strong presence of man influenced features in much of the
view and the turbine's scale, it would not appear as a dominant feature in the
landscape. Rather, the turbine would be a feature in a broad view comprised of a
complex mosaic of natural and man influenced landscape features. In longer
distance views such as those from Arnside Knott, the wind turbine would appear as a
minor feature in a very broad panorama.
Carnforth – Hest Bank - In many near views such as those from Windermere Terrace
and the public right of way network to the south west, the wind turbine would be a
dominant focus of the landscape but seen in combination with electricity pylons and
against the skyline.
Nether Kellet – The location of the wind turbine on a west facing slope and the
woodland on the site boundary and in other parts of the general landscape would
mainly limit visibility of the turbine to sections of the blades. In addition the
undulating topography, hedgerows, copses and field trees would completely obscure
the wind turbine in many views. The exception to this is in the higher land north of
Nether Kellet where much of the wind turbine would be visible and appear as a
notable element in the landscape.
Forest of Bowland AONB - The wind turbine would only be visible in distant views
where it would appear as a minor feature in a broad panorama.
Windermere Road (west side of Carnforth) - At least 150 properties within this area
would be less than 0.5km of the proposed wind turbine and many more would be
less than 1km away. However, it is considered that none of the properties in the
Windermere Road residential area would experience an overbearing effect for the
following reasons; the primary orientation of many of these properties would ensure
that they did not have a direct line of site to the wind turbine. There is also
substantial boundary tree planting along Back Lane and adjacent to the M6 which
would provide some visual screening from the closest properties. As application is
for a single turbine, the horizontal field of view occupied would be relatively small
and in many cases, the views of the turbine from the windows of properties would be
oblique due to their north / south orientation. From the roads and footpaths on this
estate and from the gardens of properties, the turbine would be prominent although
in some cases the views would be reduced by the screening provided by other
properties. Whilst it is considered that no properties would experience an
overbearing effect as a consequence of the wind turbine, it is accepted that there
would be a significant change in view from many of these properties and the
surrounding roads.
In conclusion on visual impacts, the proposed wind turbine, due to its scale would
inevitably result in some landscape and visual impacts, particularly at locations close
to the site such as Carnforth, Bolton-le-Sands and the M6. The turbine's location and
scale combined with the undulating characteristics of the landscape would mitigate
the most significant likely landscape and visual impacts and ensure that there is no
substantial adverse harm to the setting or character of designated landscapes or
heritage assets. Whilst the proposed wind turbine would have visual impacts
particularly in the area immediately surrounding the turbine, the significance of such
impacts does depend upon on an individual's perception of the acceptability of wind
energy development in landscape terms. Such impacts will need to be weighed in
the balance along with the other impacts and benefits resulting from the
development.
Geological and Nature Conservation interests
The quarry site is designated as a County Geological Heritage Site and is near to
woodland designated as a Biological Heritage Site and is therefore subject to Policy
E17 of the LDLP. This policy seeks to permit development in such areas where it
would be in scale and keeping with the character and natural beauty of the
landscape; is appropriate to its surroundings in terms of siting, scale, design,
materials, external appearance and landscaping; would not result in adverse effect
on nature conservation or geological interests; and makes satisfactory arrangements
for access, servicing, cycle and car parking.
The development would be located on a former quarry spoil tip and would therefore
not directly affect, or prevent access to any of the designated geological exposures
within the actual quarry site itself. The ground surrounding the turbine would be
disturbed as a consequence of the foundations and reinforcements for the turbine,
the crane hard standing and laydown area used in erecting the turbine and ancillary
equipment. Details of the route and siting of underground electrical cabling from the
turbine to the point of connection to the national grid should be required by condition
to enable reinstatement of the ground. A landscaping scheme and tree protection
methods to be used should also be submitted for approval. The proposal is
therefore considered acceptable for the purposes of Policy E17 of the LDLP.
There are no features of nature conservation interest within the development
footprint and the development would not directly affect any sites of statutory or nonstatutory conservation interest. Long Riddings Wood Biological Heritage Site is a
located within distances of 75-125 metres to the north, east and south sides of the
site and which is used by roosting bats. The ecological assessment submitted with
the application advised that the proposed turbine site itself is currently avoided by
bats. Birds have been recorded in low numbers on site. Peregrine falcons use more
remote areas of the quarry and are not considered to be affected by the proposed
development. Natural England has not objected to the development.
However, the RSPB has objected on the basis that further information is required on
flight lines of overwintering birds between the Morecambe Bay SPA located
approximately 2km away and a lagoon to the east of the proposed development site
and possibly other surrounding water bodies that might be used by birds during the
overwintering period. The RSPB feel that without such information it is not possible
for the competent authority to fully assess the collision risk of the turbine on
internationally important bird populations using the Morecambe Bay Special
Protection Area (SPA), and therefore fully assess ecological impacts of the proposal.
LCC are the competent authority as they are determining the planning application.
Natural England are the body who would advise if the competent authority should
assess if there would likely to be any significant effects on bird populations using a
site of statutory conservation interest. Morecambe Bay SPA is an internationally
important designated area that has been recognised because of its importance to
safeguard the habitats of certain important bird species. Natural England have
advised that the proposal, if undertaken in strict accordance with the details
submitted, is not likely to have a significant effect on the interest features for which
Morecambe Bay SPA has been notified. They have therefore advised that an
Appropriate Assessment is not required to assess the implications of this proposal
on the site’s conservation objectives. The comments of the RSPB are therefore not
supported and it is considered that the proposal accords with Policies E12 and E18
of the LDLP and Policy E1 of the LDCS.
Design and building materials of the wind turbine
The exact colour of the tower and blades has not been provided. Conditions can
require details of the exact design, specification, finish and colour of the turbine to be
submitted for approval prior to the commencement of development. The lifetime of
the quarry until 2048 considerably exceeds the proposed 25 year life of the wind
turbine and therefore it is not necessary to restrict the life of the turbine to the
duration of the mineral working activities at the site. Even if quarrying operations
were to cease prematurely, the turbine would still be able to supply electricity into the
national grid.
Electromagnetic disturbance
Wind turbines have the potential to disrupt telecommunication links that cross a
proposed site. The applicants consulted Ofcom (the independent regulator and
competition authority for the UK communications industries), the Joint Radio
Company (JRC) and Atkins (band managers for the water, electricity and utilities
industries), MLL Telecom and Vodafone. No objections were received and hence it
is considered that no interference with regards to wireless communication links is
expected as a result of the proposed turbine.
Shadow flicker
The operation of a wind turbine has the potential to generate shadow flicker.
Shadow flicker is a phenomenon that occurs under certain combinations of
geographical position and time of day, when the sun may pass behind the turbine
blades and cast a shadow over neighbouring properties. Due to the rotation of the
blades this shadow appears to flicker. When this phenomenon is observed through
a window in a property, the flicker can be a cause of annoyance to residents,
affecting their residential amenity. A shadow flicker assessment submitted with the
application advises that the only properties that could theoretically experience
shadow flicker are those on the eastern edge of Carnforth in the vicinity of
Windermere Road. There are a number of properties in the area that could
potentially experience shadow flicker between approximately 0630 and 1030 in the
morning from late September through to late March. However, the theoretical
maximum occurrence per day during this period would be less than 49 minutes and
would more typically be between 1 minute and 30 minutes.
To mitigate for the negative impact of shadow flicker on residential amenity effect, a
condition should be imposed to require a turbine shut down strategy to be submitted
for approval in writing prior to the commencement of development. Such a strategy
can require a turbine to shut down when shadow flicker is likely to be a problem.
Noise
An assessment has been undertaken of the likely noise impacts of the development
on residential properties within 600 metres of the location of the turbine. It should be
recognised that noise levels at the nearest properties on Windermere Road are
heavily influenced by traffic noise from the M6 which lies between the houses and
the turbine location. The assessment advises that the predicted noise levels at all
residential properties under all wind speed and direction conditions is acceptable and
meets the requirements of guidelines associated with noise from wind turbines.
Lancaster City Council have not raised objection to the development on noise
grounds but recommended that should any reasonable noise complaint be made
during the operation of the turbine then the applicant should assess the turbine
noise levels at the complainant's property and, where noise levels exceed the levels
specified in the wind turbine guidelines, should carry out the necessary mitigation in
order to bring noise levels into compliance. However, it is considered that the
comments of the City Council can more easily be addressed through a condition
requiring noise levels from the turbine not to exceed 5dB(A) above background noise
levels at the nearest properties. If such noise levels cannot be complied with due to
particular climatic conditions, the turbine would have to be temporarily shut down. It
is considered that the imposition of such a condition would enable the development
to meet the requirements of Policy E22 of the LDLP and Policy E1 of the LDCS.
Traffic impacts
Traffic impacts of the development would be restricted to the construction period.
Once constructed there will be negligible traffic associated with the development. It is
expected that the majority of the traffic associated with the development would
access the site via the M6, Kellet Road and then Back Lane. There is the possibility
that some non HGV traffic would travel through Carnforth but this is expected to be
relatively light in volume and not have a material impact on the highway.
The LCC Assistant Director (Highways) has not objected but commented that the
delivery of the turbine components and the crane necessary to lift the components
into place are the aspects of the construction that are of greatest concern. The
developer has provided plans that show that only minor over running of verges would
occur during the delivery of the turbine components. Mitigation works can be carried
out by way of verge protection or construction or additional width of carriageways so
that the turbine components can be delivered. These improvements would need to
remain in place (or be capable of being in place) for maintenance and
decommissioning of the turbine. However, it should be recognised that the roads to
be used already serve as the access to an existing major aggregates quarry and
therefore the highway is of a reasonable standard. The junction of the quarry access
road with Back Lane is also proposed to be improved as part of a condition that was
attached to the review of planning conditions relating to the quarry site. These
improvements to the turning radii will be implemented once a related s278
agreement has been signed.
Given the length and width of the abnormal loads together with the weight of the
crane it is possible that some damage to the highway could occur. In line with the
recommendation of LCC Assistant Director (Highways), it is recommended that a
condition should be imposed preventing development until a Construction Traffic
Management Method Statement (CTMMS) including a highways condition survey
has been undertaken and submitted for approval. Subject to this condition, it is
considered that the development is acceptable on highway grounds and in
accordance with Policy E1 of the LDCS.
Safety of users of M6 motorway
The Highways Agency (HA) have not objected but comment that the turbine has to
be set back sufficiently from the M6 motorway to protect motorists in the event of
structural or mechanical failure of the turbine or from ice being dislodged from the
blades. The HA have advised that the minimum distance between the base of the
wind turbine and the boundary fence of the M6 motorway should be no less than the
height of the turbine hub plus 50m. The combination of the size of the turbine and
distance from the M6 meets the requirements of the HA to safeguard users of the
M6.
Protection of ground and surface waters
The Environment Agency has not objected to the proposal provided they are
satisfied that the turbine would not be sited in an area of landfilling which could then
cause pollution of ground and surface waters both on and off site. The applicant
states that the turbine would be located on an area of made ground comprised of
quarry waste, in view of which, the applicant will need to design the foundations and
concrete specification accordingly. Given the nature of the made ground any
contamination issues are considered to be unlikely and therefore it is not considered
necessary to include a condition such as requested by the EA. The proposal accords
with Policies E7 and E8 of the Lancaster District Local Plan and Policy E1 of the
Lancaster District Core Strategy.
Other issues
The turbine would be located in an area where the Ministry of Defence (MoD) have
safeguarding powers in relation to the potential for wind turbines to create a physical
obstruction to planes or result in interference to Air Traffic Control and Air Defence
radar installations. The MoD has not objected but request that the turbine be fitted
with aviation lighting. A condition can be imposed requiring details of aviation
lighting to be fitted to the turbine to accord with the specification set out in their
response. The MoD have also requested that in the event that planning permission is
granted, they should be provided with information as to the date of the start and end
of construction, the maximum height of construction equipment and the latitude and
longitude of the turbine. This information is plotted on flying charts to make sure that
military aircraft avoid this area. The application does advise that a micro-siting
allowance of 10m has been included within the application boundary but given the
MoD's concerns this would not be acceptable. A condition to restrict the micro siting
of the turbine and to require the exact location of the turbine to be provided would
address this concern and would accord with Policy SC5 of the LDCS.
Taking into consideration all of the above issues and the imposition of conditions to
mitigate for an adverse impacts, the proposed development would accord with
Policies E4 and E22 of the Lancaster District Local Plan and Policies SC1 and ER7
of the Lancaster District Core Strategy.
In relation to the objections that have been received, the impact on property values is
not a planning consideration and the wind turbine is not expected to create ground
vibration except possibly during the construction phase. Siting smaller turbines
within the confines of the quarry would not be possible as they would interfere with
quarrying operations and in such a location would be less exposed to the wind
rendering them less efficient. Alternative renewable energy sources such as solar
panels would not be feasible as there is insufficient land in the vicinity of the quarry
and such a development may have a higher visual impact in order to generate the
same amount of energy as the proposed wind turbine.
Conclusions
The proposed wind turbine would produce electricity to allow an existing aggregates
quarry to reduce its reliance on electricity produced from fossil fuels. The
development would therefore contribute towards meeting the UK's renewable energy
targets and would comply with the policy in the NPPF relating to the contribution of
small scale renewable projects. Due to its height, the turbine would have some
landscape and visual impacts. The visual impacts on the AONB's would be slight
because of the separation distances but the more local impacts would be more
pronounced and only partly mitigated by local topography and other landscape
features. The visual impacts of the turbine have to be weighed in the balanced
against other impacts and benefits of the development. In this case the landscape
impacts are considered to be outweighed by the presumption in favour of renewable
energy development contained in the NPPF. The other impacts of the development
in terms of nature conservation interests, the effect of electromagnetic disturbance,
shadow flicker, noise, traffic impacts, safety implications of the nearby M6, protection
of ground and surface waters and MoD air traffic are considered to be minor and can
be addressed to acceptable levels by planning conditions.
In view of the scale, location and nature of the proposed development it is
considered no Convention Rights as set out in the Human Rights Act 1998 would be
affected.
Summary of Reasons for Decision
The proposed wind turbine would produce sufficient electricity to provide
approximately half of the power requirements for the quarrying and mineral
processing operations at Back Lane Quarry. The development would therefore
reduce reliance on conventionally generated energy and would contribute towards
meeting the UK's renewable energy targets. Due to its height, the turbine would have
some landscape and visual impacts. The visual impacts on the AONB's are
considered to be slight due to the separation distances. The landscape impacts in
the more immediate area are more significant and are only partly mitigated by local
topography and other landscape features. The other impacts of the development in
terms of nature conservation interests including bird interests within the Morecambe
Bay SPA, the effect of electromagnetic disturbance, shadow flicker, noise, traffic
impacts, safety implications of the nearby M6, protection of ground and surface
waters and MoD air traffic acceptable or can be addressed to acceptable levels by
planning conditions. On balance, the impacts of the development including on the
landscape are considered to be outweighed by the benefits of development and the
presumption in favour of renewable energy development contained in the NPPF. The
proposal complies with the policies of the Development Plan. The policies of the
Development Plan relevant to this decision are:
Lancaster District Local Plan
Policy E4
Policy E7
Policy E8
Countryside Area
Protection of Water Resources
Protection of Groundwater
Policy E12
Policy E17
Policy E18
Policy E22
Nature Conservation in the Wider Environment
County Geological Heritage Site
Development affecting Protected Species
Wind Farms
Lancaster District Core Strategy
Policy SC1
Policy SC5
Policy ER7
Policy E1
Sustainable Development
Achieving Quality in Design
Renewable Energy
Environmental Quality
Lancashire Minerals and Waste Local Plan
Policy 76
Plant and Ancillary Development (off site)
This decision has been taken in line with the requirements of paragraphs 186–187 of
the National Planning Policy Framework.
Recommendation
That planning permission be granted subject to the following planning conditions:Time Limits
1.
Written notification of the date of commencement of the development shall be
sent to the County Planning Authority and the Ministry of Defence Lands
(Safeguardings) within 7 days of such commencement.
Reason: To enable the County Planning Authority to monitor the
development to ensure compliance with this permission, in relation to the
safety of MoD air traffic movements and to conform with Policies E4, E7, E8,
E12, E17, E18 and E22 of the Lancaster District Local Plan and Policies SC1,
SC5, ER7 and E1 of the Lancaster District Core Strategy.
2.
Within 7 days of the bringing into use of the wind turbine, notification shall be
sent to the County Planning Authority and the Ministry of Defence Lands
(Safeguardings).
Reason: To enable the County Planning Authority to monitor the
development to ensure compliance with this permission, in relation to the
safety of MoD air traffic movements and to conform with Policies E4, E7, E8,
E12, E17, E18 and E22 of the Lancaster District Local Plan and Policies SC1,
SC5, ER7 and E1 of the Lancaster District Core Strategy.
3.
The wind turbine, transformer and substation containers including all
foundations and services shall be removed from the site within 25 years of the
date of this permission and the land occupied by the turbine and associated
infrastructure shall thereafter be restored within a further period of six months
by spreading soil materials over the area of the site and seeding.
Reason: To provide for the removal of the wind turbine within the approved
timescale and in the interest of local and visual amenities and to conform with
Policies E4 and E17 of the Lancaster District Local Plan.
Working Programme
4.
The development shall be carried out, except where modified by the
conditions to this permission, in accordance with the following documents:
a)
The Planning Application received by the County Planning Authority on
09 August 2012, the Engineering Report received by the County Planning
Authority on 29 October 2012 and the Viewpoint Visualisations received by
the County Planning Authority on 15 October 2012.
b)
Submitted Plans received by the County Planning Authority on 09
August 2012:
Drawing No. 1230-08-01 – Site Location Plan
Drawing No. 1230-08-06 – Statutory Plan
Drawing No. 1230-08-07 – General Layout
Drawing No. 1230-08-08 – Elevations
Drawing No. 1230-08-09 – Elevations Typical Turbine Foundations &
Transformer/ Switchgear Container
Drawing No. 1230-08-10 – Transport Route
Drawing No. 1230-08-11 – Transformer/ Substation Container
c)
All schemes and programmes approved in accordance with this
permission.
Reason: For the avoidance of doubt and to enable the County Planning
Authority to control the development and to minimise its impact on the
amenities of the local area and to conform with Policies E4, E7, E8, E12, E17,
E18 and E22 of the Lancaster District Local Plan and Policies SC1, SC5, ER7
and E1 of the Lancaster District Core Strategy.
Building Materials
5.
No development shall take place until details of the design, specification,
finish and colour of the wind turbine have been submitted to and approved in
writing by the County Planning Authority. Thereafter, the development shall
be carried out in accordance with the approved details.
The transformer and substation containers shall be painted dark green (RAL
colour code 6004) within one month of the date of its construction on site and
retained in that colour for the duration of the development.
Reason: To protect the visual amenities of the area and to conform with
Policies E4 and E17 of the Lancaster District Local Plan and Policy SC5 of the
Lancaster District Core Strategy.
6.
No development shall take place until details of the maximum height of the
construction equipment to be used in the erection of the wind turbine and the
exact position of the turbine has been submitted to and approved in writing by
the County Planning Authority Thereafter, the development shall be carried
out in accordance with the approved details.
Reason: In relation to the safety of MoD air traffic movements and to conform
with Policy SC5 of the Lancaster District Core Strategy.
Highway Matters
7.
No part of the development hereby approved, including site preparation works
and the delivery of the crane and turbine components, shall commence until a
Construction Traffic Management Method Statement (CTMMS) has been
submitted to and approved in writing by the County Planning Authority and the
works on the highway in the approved CTMMS have been carried out.
The CTMMS shall include details relating to:(a) a pre-construction highway condition survey and a subsequent scheme for
the reinstatement of any highway verges and footways damaged by HGV's
associated with the construction of the development;
(b) details of the operational arrangements for the management of heavy
goods vehicles and abnormal loads to and from the site, in particular their
routing; management of junctions and crossings of the highway and other
public rights of way; a schedule for the timing of heavy vehicles/abnormal load
movements; and details of banksmen/escorts for abnormal loads;
(c) any temporary or permanent highway alterations and improvements
necessitated by the development, including details of temporary warning
signing;
(d) measures for reinstating the highway including any damage to verges or
other parts of the highway following the installation of the turbine together with
details of the timing of any remediation or repair works;
Reason: To maintain the operation of the through routes in the area during
construction and to ensure the safety of other highway users and to accord
with Policy E22 of the Lancaster District Local Plan.
8.
Measures shall be taken throughout the construction phase of the
development to ensure that no mud, dust and other deleterious materials are
tracked onto the public highway by vehicles leaving the site.
Reason: To avoid the deposit of mud and / or loose materials on the highway
with Policy E22 of the Lancaster District Local Plan.
Lighting
9.
The turbine shall be fitted with aviation lighting comprised of 25 candela omni
directional red lighting or infrared lighting with an optimised flash pattern of 60
flashes per minute of 200ms to 500ms duration. The lighting shall be fitted to
the highest practical point of the turbine upon erection of the turbine and
thereafter the lighting shall be retained in position and in operational condition
at all times.
Reason: In relation to the safety of MoD air traffic movements and Air Traffic
Control and Air Defence radar installations and to conform with Policy SC5 of
the Lancaster District Core Strategy.
Landscaping
10.
No development shall take place until a scheme and programme for the
landscaping of the site has been submitted to and approved in writing by the
County Planning Authority. The scheme and programme shall include details
of:
a) details of the route and siting of underground electrical cabling from the
turbine to the point of connection to the national grid to inform of the ground
that will be disturbed and will require reinstatement.
b) details of the tree and shrub planting including numbers, types and sizes of
species to be planted, location and layout of planting areas, protection
measures and methods of planting including proposals to replace any existing
tree and shrub planting damaged during the construction of the turbine.
c) details for the seeding of the areas of land around the base of the turbine
that have been disturbed during its construction including mixes to be used
and rates of application.
d) details for the management of any landscaping areas including
maintenance of tree and shrub planting and grazing or mowing of grassland
areas.
The approved landscaping works shall be undertaken in the first planting
season following the construction of the development and shall thereafter be
maintained for a period of five years including weed control, replacement of
dead and dying trees and maintenance of protection measures.
Reason: In the interests of visual and local amenity and the local environment
and to conform with Policies E4 and E17 of the Lancaster District Local Plan
and Policy E17 of the Lancaster District Local Plan.
Shadow flicker
11.
No development shall take place until a scheme and programme of measures
for the avoidance of shadow flicker has been submitted to and approved in
writing by the County Planning Authority. The scheme shall relate to all
dwellings and places of work and shall include a computerised control system
designed to shut down the turbine at those times when, as determined by
sensors mounted on the turbine and in accordance with an agreed
methodology, the incidence of shadow flicker at properties would occur. The
turbine shall be operated in accordance with the approved measures at all
times.
Reason: In the interests of visual and local amenity and the local environment
and to conform with Policies E4 and E17 of the Lancaster District Local Plan
and Policy SC5 of the Lancaster District Core Strategy
Control of Noise
12.
All plant, equipment and machinery used in connection with the construction
and maintenance of the turbine shall be equipped with effective silencing
equipment or sound proofing equipment to the standard of design set out in
the manufacturer's specification and shall be maintained in accordance with
that specification at all times throughout the construction operations.
Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policy SC5 of the
Lancaster District Core Strategy.
13.
The noise from the wind turbine shall not exceed 5db(A) above background
noise levels at any wind speed and at any time of the day or night when
measured from any of the following locations at a point closest to the turbine:
a) Raisbeck House
b) 118 Windermere Road
c) 11 Ullswater Cresent
Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policy E22 of the
Lancaster District Local Plan and Policy E1 of the Lancaster District Core
Strategy.
Dust
14.
Measures shall be taken at all times during the construction phase of the
development to minimise the generation of dust and prevent its migration off
site.
Reason: In the interests of local amenity and to conform with Policy SC5 of
the Lancaster District Core Strategy.
Notes
The components of the wind turbine and crane used for constructing the turbine may
constitute an abnormal load and authorisation from the County Council may need to
be acquired. The developer should therefore contact the County Council's Abnormal
Loads Officer to make the necessary arrangements.
Local Government (Access to Information) Act 1985
List of Background Papers
Paper
Date
01/12/0782
09/08/2012
Contact/Directorate/Ext
Rob Jones/Environment/34128
Reason for Inclusion in Part II, if appropriate
N/A