Allerdale Borough Council

2/2012/0635 Reference No: 2/2012/0635

Received: 16 August 2012

Proposed Development:

Erection of Endurance wind turbine on 24m mast with a blade tip height of 34.6m. Resubmission to 2/2012/0425

Location: Leesrigg Farm Mealsgate Aspatria Wigton

Applicant: Mr B Carr

Drawing Numbers: 001 - General Location Plan 002 - Location Plan 003 - Heritage Assets Location Plan 004 - Block Plan E-3120-50kW Monopole Rev A - Proposed Elevation amended plan received 9 April 2013 Supporting Information Design and Access Statement Landscape and Visual Impact Assessment, Appendix 1 Report of Likely Impact of Proposed Turbine on Setting of Heritage Asset Appendix 2 Heritage Assets Location Plan Desk Top Bird survey Wind Noise Email received 12 September 2012 Generalised Noise Predictions Photomontages Viewpoints 1, 2 and 3

Constraints:

British Coal Area PROW(PLN) 203001

Policies: National Planning Policy Framework Allerdale Local Plan, Adopted 1999 (Saved) Policy CO13 - The setting of a Conservation Area Policy CO18 - Setting of a Listed building Policy EM17 - Renewable Energy Policy EN6 - Location of potentially polluting development Policy EN10 - Restoration, after uses cease Policy EN19 - Landscape Protection

Policy EN24 - Protecting Historic Parks and gardens Policy EN25 - Protecting the open countryside Policy EN32 - Protecting wildlife protected by law Policy EN5 - Pollution Control

Relevant Planning History:

Screening Opinion letter dated 28 September 2/2012/0635. None EIA Development.

Representations: Boltons Parish Council Objection. On the grounds of cumulative impact with turbines at High Pow, Wharrels Hill and with the consented schemes at Tallentire and West Newton. Also with regard to sequential cumulative impact and the loss of visual amenity to residents of Allhallows and surrounding parishes. All Hallows PCC Objection. Due to:

- The location of the church yard and the visual impact on the locality.

- The listed Old Church and churchyard is still open to use as a graveyard and for outdoor worship.

- The route of the Kingate to Harby Brow footpath and the adverse affect on tourism and the use of the footpath by parishioners.

- The wind turbine development may cause stress and add to a feeling of the rural communities feeling of isolation and being disenfranchised.

- Concerned about the proliferation of turbines in the locality. Natural England - No objection. RSPB - The applicant has undertaken a desk based bird survey. Based on the location of the turbine and with this additional information, the RSPB broadly agree with the summary of the desk based report, which concludes that the proposal does not appear to be in a key feeding area for bird species sensitive to wind turbine developments. Disturbance displacement is considered to be unlikely. The RSPB would suggest a precautionary approach for turbines near bird sensitive alert area. The proposed turbines are in close proximity to an ‘alert’ area for pink footed geese. Cumbria Wildlife Trust - objection based on lack of ecological assessment. English Heritage - The application should be determined in accordance with national and local policy guidance, and on the basis of your specialist conservation advice. Defence Infrastructure Organisation - The Ministry of Defence (MOD) has no objection to the proposal.

Environmental Health - No objection subject to planning conditions relating to noise levels. Cumbria Highways - No objections subject to planning conditions. Natural England - An EIA is not required for this application. The site is not located within, adjacent to or in close proximity to any Special Site of Scientific Interest (SSSI), Special Area of Conservation (SAC), or Special Protection Area (SPA) or Ramsar site. The site is not within, nor is sufficiently close to a National Park, AONB, or Heritage Coast to impact upon the purposes for which the sites are designated. The development was considered not likely to affect any significant population of protected species sufficient to require an EIA. County Archaeologist - No objections Civil Aviation Authority - No objection NATS Safeguarding - No objection Aquirva - No objection Allerdale BC Access Officer - No objections Cumbria County Council - Do not consider the proposal for a Category 1 Application. The application has been advertised on site, and adjoining owners have been notified. 5 letters of support: No adverse effect on Riglees Bungalow; no objection from English Heritage; impact on listed building negligible, unlikely to adversely affect safety; research has shown that pink footed geese avoid wind turbines. 43 letters of objection have been received:

• Through the siting, size of the turbine and the prominence, the proposal would have a major adverse impact on the existing landscape character and the visual amenity of the existing area and wider landscape;

• Unacceptable impacts on residential property by nature of its height and proximity to residential homes;

• Danger to ecology, particularly birds;

• Public safety risk due to blade failure, structural failure and fire and ice throw;

• More carbon dioxide is created building the wind turbines than it saves during its lifetime;

• EIA should be required;

• There should be reuse of resources;

• Does not support tourism;

• Does not enhance or value the landscape;

• The landscape is at capacity for wind turbines;

• Noise issues;

• Not clear if the scheme is for commercial purposes;

• High Pow Farm wind farm is not mentioned;

• Within 5km there are 6 other turbines either already built, approved, plus 11 pending or in scoping;

• Cumulative effects both from static viewpoints and in sequence when travelling;

• Recent applications in the surrounding area that need to be taken into account are turbines at Edderside, Pelutho and Tarns and each turbine adds to the cumulative baseline.

• Residents of Watchhill have a panoramic view of most turbines within this part of Allerdale, including the Hellrigg array;

• The cumulative effect of turbine developments in the area is now dominating and defining, creating an effect which is industrialising and altering the qualities of our rural landscapes and the tipping point has been reached if not surpassed;

• The electricity pylons are already dominant features in the landscape and masts at Anthorne and Caldbeck;

• Stressful for local residents;

• Adversely effect on tourism and Cumbria Tourism has objected to scheme;

• Back up power required;

• Inefficient;

• Solway Plain part of Hadrian’s Wall trail;

• A George Moor Trail should be developed and this will adversely affect tourism assets;

• Turbines produce more co2 than save and makes no difference to global warming;

• High costs to tax payers to support subsidies;

• Not domestic scale;

• Disturbs sleep patterns;

• Inefficient noise assessment;

• Adversely affects footpaths;

• 30 turbines either built or to be built within 5km of the site;

• Coal mining activities may affect surface stability;

• Turbines should be at sea;

• Visible from Skiddaw and Lake District National Park;

• Adversely affects grade 1 listed Harby Brow Peel Tower;

• Adverse effect on tranquil setting;

• Viewpoints do not show visual impact, a much clearer view of visual impact when moving west along the B5299;

• No viewpoint from Watchill which has a rising land;

• The locality is becoming a ‘field’ of turbines;

• The landscape is becoming blighted;

• There is negligible contribution to power supply;

• There has been a proliferation of small scale turbines

• Within 100m is a well used footpath;

• Close to Old Allhallows church and grave yard;

• Negative house values. Friends of Rural Cumbria Environment (Force) Force have objected to the scheme on the following grounds:

• The assessment of cumulative impact that the turbine would have is inadequate;

• There is a cumulative impact of greater than local importance;

• The turbine is out of scale and proportion to the surrounding countryside and the necessity for a machine of the size has not been demonstrated;

• The proposal does not produce any benefit which would outweigh its detrimental impact and the harm to local amenity;

• The agent has supplied insufficient noise data to ensure the well being of occupants of houses which are close to the occupation site;

• A number of sensitive residential receptors in the area have been so far excluded from the assessment of effects.

• Visual intrusion from listed buildings Harby Brow (450m), Whitehall (700m) and disused church (600m).

• Impact on local residents and visitors on this unspoiled and tranquil part of the countryside.

• Cumulative effect with other turbine developments within the area (Wharrels Hill, High Pow).

• Travelling along the West Cumbria Coast along the major routes of the A595 and A596 towards Carlisle, the following operation turbine developments are visible: Winscales, Hellrigg, Wharrel Hill, High Pow and Great Orton and 4 turbines have been installed at Lanrigg within the last year. Also along the A596 is the Flimby turbine development and work has commenced on the 6 turbines at Tallentire and the turbine development at West Newton. Further turbine development is proposed at Winscales and the Orton area. The operator at High Pow want to put up a further 3 turbines.

• In the immediate area around Leesrigg Farm there are turbine developments at Crookdale and High Aketon.

Cumbria Tourist Board - Concerned that the proposal for a wind turbine in this location will have a detrimental impact on a major tourism development project at Brayton Lake Lodges, near Aspatria. Tourism in Allerdale is an important part of the economic development plan for the area and development which potentially threatens the viability of existing and future potential tourism businesses is of a great concern to Cumbria Tourism and the Western Lake District Tourism Initiative. Cumbria Tourism is not against the principle of wind developments but in this instance the objection relates to harmful effect on the local economy and in particular visitor dependent businesses in the locality.

Report Proposal This proposal is a resubmission scheme for a single turbine at Leesgill Farm, Mealsgate. The scheme has been resubmitted as a non EIA development but now with further consideration of the heritage assets of the locality. The proposal is to install an Endurance E3120 turbine on farmland at Leesrigg farm, Prospect. A three bladed turbine would be on a mounted 24 metres monopole tower and has a blade diameter of 19.2 metres, giving a maximum height tip of 34.6 metres. The turbine (head casing and blades) will be constructed from epoxy resin material and the tower will be constructed from galvanised steel. The wind turbine structure will be off-white in colour (RAL 9003 and RAL 9016). Characteristics of development: The proposal is for a 50kW wind turbine, which falls well below the 5MW indicative threshold of Circular 02/99. The proposed turbine would be a tall structures, albeit slim line, it would be the largest structure within the immediate locality. Site and Surroundings The wind turbine is proposed on agricultural land approximately 450 metres due south of the B5299 as it runs from Fletchertown and Watch Hill. The turbine will be accessed via a new track across a grazed field leading from an existing farm track. The track will be made of crushed stone. Requirement for Environmental Impact Assessment The Local Planning Authority has issued a screening opinion that the proposed development does not constitute EIA development

(see letter dated 28 September 2012). Planning Policy Renewable energy developments are supported by the National Planning Policy Framework (NPPF) which outlines that there should be a presumption in favour of sustainable development under paragraph 14. Under Chapter 10 of the NPPF it outlines there is a presumption to approve applications for renewable energy proposals unless material considerations indicate otherwise (paragraph 98). The NPPF states that the delivery of low carbon energy and associated infrastructure is central to the economic social and environmental dimensions of sustainable development. In determining planning applications, LPA’s should:

• Not require applicants for energy development to demonstrate the overall need for renewable or low carbon energy and also recognise that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions; and

• Approve the application if its impacts are (or can be made) acceptable

This positive approach to renewables is underpinned by the Climate Change Act and binding legal targets to reduce carbon emissions. The County Council has also produced the Cumbria Wind Energy Supplementary Planning Document. As the property is not located within any special landscape designations (including local) the proposal would be in compliance with Policy EN25 of the Local Plan when read in conjunction with the NPPF chapters 109, 110 and 115. The objectives of Policy EN6 of the Allerdale Local Plan seek to safeguard sensitive development from pollution generating proposals which would concur with the objectives of the NPPF. The proposal as a whole is considered to be in line with the NPPF. Overall (as reflected in the policies) the merits of the proposed development relate to balancing whether the economic, social and environmental benefits of the proposed renewable energy development outweigh any environmental impact of the proposed turbines. Assessment - Needs/Benefits

The needs and benefits of the proposal are important elements in the overall planning balance. The NPPF continues to give support to all forms of renewable energy development. The increased development of renewable energy resources is vital to facilitating the delivery of the Government’s commitments on both climate change and renewable energy. Positive planning which facilitates renewable energy developments can contribute to the Government’s overall strategy on sustainability and renewable energy development, as emphasised in the Energy White Paper (2007), The UK Renewable Energy Strategy (2009) the UK Energy Road Map (2011) and a significant number of other policies and commitments. The NPPF continues to give support to all forms of renewable energy development. The Cumbria Renewable Energy and Deployment Study (August 2011) confirmed that the capacity of operational or consented renewable energy schemes within Cumbria totalled 285.36MW. The North West Regional Spatial Strategy and the Cumbria and Lake District Joint Structure Plan is to be abolished 20 May 2013 but remains relevant as an evidence base source, but energy targets within the documents are excluded. The UK Renewable Energy Strategy recognises the importance of both electricity and heat from renewable sources and seeks around 35% of electricity and heat to come from renewable and low carbon (non nuclear) sources by 2020. Of the overall figure deployed or consented within Cumbria, 70% is located within the district of Allerdale. As such, the consented/installed capacity for power and heat from renewable energy development is considered to be substantial and to make a positive contribution to addressing climate change. Regardless of these figures, the imperative for further renewable energy within national policy and strategy is clear. Therefore, the weight to be attached to the deployment of renewable energy is not considered to have diminished. Whilst this scheme would make only a small contribution towards regional and national targets for the production of energy from renewable sources, it remains valuable, thus contributing to meeting the objectives of the Climate Change Act. Whilst the local economic benefits cannot be precisely quantified there would be some in terms of the economic benefits to this local business. Achieving the binding national targets for the proportion of energy

from renewable sources and the reductions sought in greenhouse gases can only be done by an accumulation of local projects of varying scale. Thus, based solely on national performance, a need for developments of this type exists. These are material considerations that weigh significantly in the planning balance. Landscape and Visual Impact Turbines require exposed sites to be operationally efficient. The extent of the impact of wind turbine development on the landscape is dependent on the existing character and quality of the landscape, the degree of which land is altered by human intervention, the extent of public views, taking account of screening by land forms and vegetation and the size and nature of the turbine. The aim of the landscape and visual assessment is to identify, predict and evaluate potential key effects arising from the proposed development. Wherever possible, identified effects are quantified, but the very nature of landscape and visual assessment means that there is an element of subjectivity. The landscape sensitivity is assessed and the magnitude of change on the landscape due to the proposal and then impact on specific receptors are considered. It is noted that no landscaping is proposed, however the applicant has submitted a Landscape and Visual Assessment with accompanying photomontages with the application. The applicant has carried out these works and provided a LVIA that includes 3 viewpoints and 3 receptor groups. Within the Cumbria County Council Landscape Classification, the site lies within Landscape Character Area: 5a Ridge and Valley. Landscape Character Sub Type 5a (Lowland-Ridge and Valley) The site falls in local landscape subtype Lowland Ridge and Valley (sub type 5a) and the key characteristics are described as: a series of ridges and valleys rises gently toward the limestone fringes of the Lakeland Fells; well managed regular shaped medium to large pasture fields; hedge bound pasture fields dominate, interspersed with native woodland, tree clumps and plantations; scattered farms and linear villages found along ridges; and large scale structures generally scarce. Cumbria Wind Energy Supplementary Planning Document identifies the landscape as having a capacity to accommodate

schemes of 3-5 turbines, or exceptionally 6-9 turbines. Landscape Value and Condition There are no national landscape designations which directly affect the site. The closest point of the Solway AONB lies 10km to the west and the closest part of the Lake District National Park is 4.5 km to the south. It is considered that the impact on nationally designated landscapes would be negligible. The applicant considers the landscape within the vicinity of the site has been degraded by human intervention to include agricultural changes, creating managed fields, the erection of large agricultural buildings attached to scattered farm steadings, and there has been some disappearance of field boundaries that were marked by hedgerow, and there are electrical and telephone lines and poles. That said it is considered the landscape is in relatively good condition. Landscape Key Characteristics The sensitivity to change of the key characteristics and the ability of a particular type of landscape to accommodate change brought about by the development without material effects on its integrity reflecting key aspects of the landscape character including the scale and the complexity of the landscape and the degree of ‘wildness’ and ‘remoteness’ is considered. The site lies at the bottom of a shallow valley formed by the River Ellen. The landscape is characterised by its agricultural character interspersed with blocks of woodland (deciduous and coniferous). These blocks of woodland provide some screening and this provides some ability to absorb change in the wider area even if local impacts are striking. The applicant has set out that there will be no loss of key landscape features and it is considered that its characteristics will not be significantly altered. The access track will be a new feature but post installation it will be less obtrusive as vegetation becomes more established. The effects of the turbine are reversible given the predicted life of the turbine is 25-30 years. The nearest road is the B5299 around 450 metres to the north and the nearest residential properties not under the control of the applicant are Crossings Cottage and Riglees Bungalow, (circa 340m and 290 metres respectively). The nearest public footpath is around 125 metres to the west.

From the road to the north the immediate back drop will be a block of trees to the south of the turbine site with a more distant backdrop of the Lakeland fells. In the open countryside in the vicinity of the site vertical built elements are confined to electricity poles, feed silos and scattered agricultural buildings. The large modern agricultural buildings at Leesrigg and associated silos are prominent features especially when viewed from the public footpaths near the turbine site. It is considered that there will be no changes to the landscape fabric, other than the provision of a crushed stone access track required for construction and future maintenance. Assessment of Landscape Impact It is considered that the overall sensitivity of the landscape change is medium and the landscape sensitivity is considered to be medium and the overall landscape impact is considered to be moderate. Landscape Effects from Viewpoints

• Viewpoint 1 - View South from B5299 at point nearest turbine. Approximately 450m from proposed turbine. Predicted view by applicant advises the turbine partially obscured by vegetation and turbine seen against backdrop of fells and that trees to east of turbine similar in height. Landscape fabric would remain intact. The landscape sensitivity is considered to be medium by the applicant with effects on landscape character a moderate/ minor and not significant.

• Viewpoint 2 - View from public footpath to east of the site. Approximately 255m from proposed turbine. Applicant advises the turbine would be a new feature in the landscape and relatively dominant. The landscape sensitivity by the applicant is considered low but the magnitude of change is deemed to be substantial and the effects on the landscape character are considered to be moderate but not significant.

• Viewpoint 3 - View from public footpath to west of site. Approximately 170m from the proposed turbine. Applicant advises the turbine would be a prominent new feature in landscape and that there would be no screening from the viewpoint. The landscape sensitivity was considered low by the applicant although the magnitude of change is considered to be substantial and the turbine is considered to be a prominent new element and therefore the effect on the landscape character assessed as being moderate but

not significant. Visual Effects In terms of visual impact, the baseline for the survey is up to a 5km radius from the site. The applicant’s report indentifies that the magnitude of the impact would be slight and therefore not significant. Potentially significant visual effects could be expected at properties within 1km of the turbine with unobstructed views although it is noted that orientation of the dwellings; local topography and intervening vegetation combine to reduce the potential visibility of a wind turbine. Residential Receptors Rigglees - Around 290 metres north east from the turbine but due to the orientation of the house the views of the turbine would be largely oblique. Crossings Cottage - Around 340 metres north east from the proposal and lies directly in the line of sight. Some screening from siting of Riglees Cottage. The submitted LVIA concludes that there will be a modest impact on nearby properties. Kings Gate Cottage - approx 440 metres with outlook to south but well screened by mature trees and there is an oblique angle. King Gate House approx 470 metres screened by trees and oblique orientation. Upmanby – 670 metres north west from proposal with very open southerly aspect but an oblique angle. Vicarage - approx 460 metres north east of proposal with main elevation south west facing but significant intervening trees. Whitehall - approx 620 metres to south east - Dense trees to rear protecting setting and outlook. The Coach House – approx 620 metres to south east screened by topography and trees. The Shieling – approx 960 Km north west in an elevated location at Watchhill with views over proposed site with other turbine development in distant views. No harmful impact due to distance, topography and tree screening. Harby Brow - (see listed section of report below). Approximately

650 metres to south west, limited impact due to topography and oblique views. Harby Brow Mill Cottage – approximately 660 metres to south west. No direct outlook Harby Brow Mill – approximately 630 metres to south west. No direct outlook and screened by topography. To the north east are the dwellings of Leeside 590 metres, Birchwood 620 metres and Iona 660 metres and 1 and 2 Leesrigg Cottages, there is intervening topography and screening from trees protecting the outlook from these properties. To the east is Hall House approx 900m metres distant, Banklands 940 metres distant and East Lodge 980 metres distant and the turbine is screened by vegetation and topography. Visual Impact from Settlements The distance from Fletchertown is 3km away and Mealsgate 1.2km away. Visual impact from the turbine is considered to be slight. It is noted that the visual effect on Watch Hill has not been addressed by a viewpoint assessment. The applicant considers there to be moderate visual effects on residents would be experienced from a small number of dwellings with 1km of the site. The impact on dwellings further than the 1km distance of the proposal is considered to be slight. The applicant assesses that all properties would have views restricted by woodland, buildings, distance or orientation and that the magnitude of change would be therefore negligible to moderate depending on the degree of restriction. The applicant considers the magnitude of change would be low given the limited number of properties affected. The effect on visual amenity is considered to be moderate but not significant by the applicant. The overall impact is considered to be slight/ moderate. Visual Impact from Traffic Corridors A public highway (B5299) is 450 metres from the site. The applicant considers the views from the turbine would be oblique to the direction of travel because of the orientation of the road and so the turbine would be more prominent for passengers than drivers. Approaching from the east intermittent views will be obtained with more open views from a greater distance as the road at a higher

level. The applicant considers the turbines would be partially obscured by farm buildings and woodland when viewed looking south from the B5299 and north from the A595. Approaching the site from Fletchertown the applicant considers the turbine will be obscured by dense woodland on the southern side of the road and would only be visible for a short stretch beyond the entrance to Leesrigg Farm. From all roads around the site, roadside hedges and intervening trees provides some partial screening from a drivers perspective. It is considered the visual amenity of road users is considered to be slight in the closer locality but more distant views have not been considered within viewpoints notably from Watch Hill. It is considered that due to the height of the turbine and the intervening topography and vegetation that the impact on the wider landscape and on more distant visual receptors at Watch Hill, that the adverse impact is not so significant to warrant refusal of the scheme. Visual Impact from Public Rights of Way Two public footpaths are within 300 metres of the site. Views of the turbine from these footpaths would be uninterrupted and there would be significant visual impact.

The magnitude of change would therefore be substantial where there are clear views of the turbine. The overall change is considered to be moderate however; given the paths form part of a much wider network and because these views are already impacted by farm structures (buildings and silos at Leesrigg Farm). The effects on visual amenity are considered by the applicant to be major/moderate to significant. There is also a 9 metres wooden pole which crosses the field in which the turbine will be placed. Summary of Visual Impact by Applicant Individual households within 1km of the proposed turbine = Moderate/slight visual impact. Road users= Moderate/slight on B5299 Users of Public Footpath network= Moderate

The proposal is on improved farm land rather than wild moorland at higher levels. As such officers concur with the submitted LVIA insofar as the likely visual effects of the proposed turbine are not considered to be significant to warrant refusal. Cumulative Impact The applicants amended LVIA assesses the cumulative effects (simultaneous, successive, sequential and perceptual) caused by the development of the site in conjunction with other operational, approved and submitted sites within the planning system. The siting of the proposed turbine is such that there would be no potential for the proposals to be perceived as an extension to any existing or approved schemes due to the difference in scale and separation distances. Cumulative effects can increase in the perception of wind turbine development as seen from fixed points from which more than one wind turbine would now be seen from different parts of the landscape. From the turbine site, the 8 wind turbines at Bothel are visible but the distance is 5km and as such it is considered that the cumulative combined effects on the visual receptors from fixed points would be limited and the turbines at Bolton Low Houses are located approx. 4.5km to the east. There have been a number of applications approved for turbine development within a 5km radius, including;

• A single turbine at Prospect House High Scales (20m to tip) (at appeal),

• Two turbines at High Aketon Farm (27m to tip),

• A single turbine at Brayton Park (62m to tip) (approved but not constructed);

• A revision to the approved Brayton Park turbine (at appeal).

• Pending applications for single turbines are located at Goose Green Farm, Lanehead Farm, High Scales (at appeal);

• A large scale turbine development is being considered at Little Waver, (Scoping) albeit this has no formal planning application.

• Single turbine 48.5 metres to tip at Bromfield Farm, Bromfield. In terms of cumulative landscape assessment, the guidance requires the consideration of pending planning applications, however in planning law, the merits of any cumulative impact must only relate to implemented or approved turbines. Pending applications including those at appeal should not be given weight.

Turbine developments have also been approved at High Pow (3 x 95 m to tip constructed), Wharrels Hill (8 x 81m to tip contructed), Croftlands (1 x 27m), Bothel Craggs Farm (1 x 25m), Low Moor Bothel (1x 20m), Crossrigg Farm (1 x 20.4m) Stubbs Gill Farm (1 x 20.4m) and Langrigg Hall (4x 27.3m). It is considered there to be some potential for cumulative impact in combination with the existing man made development on the visual amenities of the area and the landscape character, albeit, the significance of these effects would be affected by landform and natural screening etc. Numerous screening opinions have been received throughout Allerdale, however these have not been considered in the cumulative assessment as they are not considered proposed development sites at this stage. The number of existing or approved turbines of all scales within the locality is increasing. However, in considering the scale of the current proposal and the separation distances involved to other turbine developments, the magnitude of potential landscape and visual impacts cumulatively of this and other turbines, are not considered significant cumulative effects in terms of either landscape character or visual amenity to warrant refusal. Given the proposal been only for a single turbine and the existing landscape and man made features any visual interaction would be limited. The siting of the modest scale turbine within low level land reduces the sequential cumulative effect of turbines located along the A596. As such, the proposal is not considered to give rise to significant cumulative effects in terms of either landscape character or visual amenity. Biodiversity The site does not fall within any designated sites and there are no designated sites within 2km of the site. The proposed site is closely grazed improved pasture and it is considered unlikely the have a direct impact on valuable habitat. The turbine has been sited 50m from the nearest hedgerow. A Desktop Bird Survey was submitted October 2012 to consider the potential impacts on birds in relation to the erection of a wind turbine to Upper Solway Flats and Marshes SSSI, SPA, SAC and Ramsar site which lies 12.5km to the north west and the non statutory designated RSPB Bird Sensitivity Area 3.5km to the

north. The site assessment concluded that there was low potential for a negative impact on the species assemblages of local designated sites from the proposed turbine. Natural England has no objections to the proposed development. Noise ETSU–R–97 – ‘The assessment and rating of noise from wind turbines’, is the standard guidance document relating to wind turbines. This indicates that noise from wind turbines should be limited to: 5dB(A) above background noise level for both day and night time.

• In low noise environments, daytime noise levels should be limited to an absolute level within the range of 35-40dB (A).

• The fixed limit for night-time is 43 dB (A).

• Day and night-time levels of 45 dB (A) for any related property.

• For single turbines or large separation distances, simplified limit of 35 dB (A) up to wind speeds of 10 m/s should not require background noise measurements.

The application includes a noise assessment which has been assessed by officers within Environmental Protection. No objections are raised subject to conditions that noise from the wind turbine be limited to reflect the ETSU standards. A further condition is also recommended to resolve any complaints received in relation to the turbine. Based on this advice from Environmental Protection, the proposal is considered to be acceptable with regard to noise levels generated. Shadow Flicker Research suggests that shadow flicker effects have been proven to occur only within 10 rotor diameters of a turbine. With a rotor diameter of 19.2m, there is the potential for shadow flicker to occur within 192m of the proposed turbine. Should complaints arise regarding shadow flicker there is the potential for this to be investigated as a nuisance via Environmental Protection. Electromagnetic Interference (EMI), Aviation and RADAR The CAA and the MoD have been consulted on the proposal. The

MoD and CAA raise no objections and no conditions have been requested with regard to the proposal. The standard response from the CAA for turbines indicates that the CAA has no responsibility for safeguarding sites other than within its own property. The scheme is considered acceptable in terms of aviation safety and radar. Highways/Traffic Impact The Highways Authority generally suggest a separation distance between turbines and roads or railways of the height of the turbine plus 10%, to reduce any risks from toppling or icing, (the instances of such occurrences are noted as rare). The separation distance proposed to the highway, is well in excess of this, as such, it is considered that the proposal would not adversely affect the highway or railway in an unacceptable manner in terms of safety. The Cumbria Highways raise no objection to the proposal subject to conditions attached requiring a Construction Management Plan and Construction Method Statement for the construction phase of the development be submitted, to allow the suitability of the access roads for the volume and size of vehicles expected to access the site can be assessed. Access and Public Rights of Way Access to the turbine site would be via an existing access track which serves the farm. A new access track made up of crushed stone would be required for construction traffic from the farm steading. Entry to the public highway would be via the existing junction with the B5299 which currently serves Leesrigg Farm and a few other residential properties. The farm entrance drive also acts as a public footpath. The public rights of way officer (PRWO) have raised no objections to the proposal. The wind turbine is outside of the fall zone for the public footpath, however as the access track will follow the alignment of the public footpath and a temporary closure would be required along the footpath. It is considered that the proposed turbines, once in position, would not adversely affect any public right of way in an unacceptable manner in terms of safety.

The PRWO recommends warning signage is installed stating that vehicles must give way to pedestrians at all times. It is considered this can be secured by condition to provide details of the signs and the proposed locations. Hydrology, Hydrogeology and Geology It is considered that adequate mitigation measures can be incorporated into any build to ensure no significant pollution to the water environment, in accordance with saved policy EN5 of the Allerdale Local Plan, First Alteration. Impacts on Heritage Assets There are no landscape designations within the site. There are 5 listed buildings within 1 km of the site;

• Whitehall Grade 1

• Whitehall Coach House Grade II

• Harby Brow Pele Tower, adjoining farm house and barn – Grade 1

• Church of All Saints Grade II

• Church of All Hallows Grade II There are 3 Scheduled Ancient monuments within 1 km of the site:

• Blennerhasset Roman Fort;

• Harby Brow Tower, adjoining farmhouse and barn

• Moated site 400m NE of Cockbridge. Listed buildings Whitehall (Grade 1Listed) The turbine would be some 625m to the northwest of Whitehall and the applicant advises that there would be little inter-visibility between the two as a result of intervening vegetation and landforms. All Hallows Church (Grade II Listed) The church has well defined boundaries marking a clear distinction between the church cartilage and the B5299 road to the south. Agricultural and is to three other sides. Trees shield the views south towards the turbine site. When approaching the church from the west along the B5299 both the church and the turbine would be visible. Approaching from the east the turbine is likely to be obscured by trees.

Church of All Saints (Grade II Listed) The site comprises a disused church and its graveyard and is reached via a public footpath which has hedgerows and trees either side of it. The intervisibility between the church and the turbine is considered to be limited. Harby Brow Tower, adjoining farm house and barn (Grade 1 and Ancient Scheduled Monument) The Pele Tower is considered to be a handsome building in its own well defined grounds. The setting has been diminished to some extent by the provision of a relatively modern agricultural building to the north of the farm group. There are limited views of the turbine site at ground level as a result of trees that flank the footpath at this point. A photomontage within the heritage statement shows a view of the proposed turbine from the northern most gateway which also serves as an entry to a public footpath heading north towards the turbine site. The turbine is circa 600metres away and would be seen against the backdrop of Leesrigg Farm. Allerdale BC Conservation Officer advises that the siting of the turbine would not have a direct physical impact on the heritage assets and that the topography, trees and hedges means that the impact on setting of heritage assets for most of the year would be very limited to non existent. It is considered that a limited impact on the setting of heritage assets would outweigh the benefits of a wind turbine; as the life of the turbine is short compared to the heritage asset (in particular the Harby Brow Tower and when considering the contribution the tower makes to public interest). Blennerhasset Roman Fort Blennerhasset Roman Fort is an ancient scheduled monument and includes buried remains of Blennerhasset Roman Fort, a late first century forted located on a bluff to the south of the River Ellen. Few surface remains are visible. The site is around 300m to the south of Harby Brow and therefore around 900m from the turbine site. A field boundary splits the site into two and a block of plantation woodland is immediately next to the site. The turbine would be visible from the fort site, which is not open to the public but would be at a distance of 1km. Moated Site 400m to NE of Cockbridge

The ancient scheduled monument is described as earthwork remains of a medieval moat with an external bank. This may have preceded the pele and house at Whitehall to the north. The site is around 900m to the SE of the turbine site. Intervening woodland to the north across the A595 means that there would be no inter-visibility between the two sites. The A595 acts as a strong physical barrier. It is considered the development would have no impact on the setting of this monument. There are no further designated sites within 2km of the application sites with the World Heritage Site lying 7.5km northwest. Due to the distance between the turbines and the heritage assets it is considered the proposal is unlikely to have any significant adverse impacts on such heritage assets. English Heritage, the Cumbria County Archaeologist and the Allerdale BC Conservation Officer do not object to the scheme. The current landscape setting in the vicinity is gentle rolling agricultural fields broken by blocks of woodland and hedgerow. Open vistas are restricted. The applicant sets out that the heritage assets to the predominant land use that are for agricultural purposes. The applicant has shown a map of the turbine site in relation to the heritage assets and sets out that blocks of woodland show how intervening views would be screened by trees. The applicant considers that the introduction of a single farm scale turbine would not fundamentally alter the agricultural character of the area and the agricultural character would remain the dominant character rather than a landscape becoming a landscape dominated by turbines. The applicant considers that all the heritage assets with the exception of the Roman Fort at Blennerhasset and the moated site to the south of the A595 have well defined marked curtilages which are not extensive. Their size, design and siting do not appear to have been designed to exert their dominion over the surrounding land; rather they have been sited for defensive advantage in terms of the forts and towers and access to the places of worship. The applicant advises the landscape shows no evidence of having been laid out as formal parkland to deliberately create a setting of the heritage assets. There are no historic parks, or historic garden designations in the vicinity. The applicant advises that from the turbine site none of the heritage assets described above can be seen, principally as a result of existing woodland and landform and in the case of the

Blennerhasset Fort there are no above ground remains. Harby Brow Tower can be glimpsed through the trees. Officers concur with these findings and therefore the proposal is not considered likely to adversely affect heritage assets to any significant degree. The proposal is therefore considered acceptable in relation to policies CO18 and CO19 of the Local Plan, E38 of the Joint Structure Plan and the guidance contained within the NPPF. Aviation Government policy to encourage generation of electricity from renewable resources has led to a proliferation of wind turbine planning applications across the UK. It is therefore vitally important for the Airport operator to properly assess the potential effect of each development in order to safeguard the continued safety of aircraft operations. Carlisle Airport’s assessment of the proposal revealed no objections. Local Finance Considerations There would be no local finance considerations associated with this development. Conclusion In balancing the harmful effects of the proposal, which are in the main limited to the impact on the landscape/visual amenity and cumulative impact, against the benefits arising from the promotion of renewable energy development, it is considered that the visual harm identified is outweighed by the benefits arising from the proposal. The recommendation therefore is for approval subject to conditions.

Recommendation:

Approved subject to planning conditions

Conditions/ Reasons:

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 Section 51 of the Planning & Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out

in accordance with the following plans: 001 - General Location Plan 002 - Location Plan

003 - Heritage Assets Location Plan 004 - Block Plan E-3120-50kW Monopole Rev A - Proposed Elevation amended plan received 9 April 2013 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 connected to the grid. Within 12 months of the cessation of electricity generation at the site or the expiration of this permission, whichever is the sooner, all development shall be removed and the land restored in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority prior to any development commencing. Reason: To ensure the satisfactory long term restoration of the site, and the removal of any non essential development in the open countryside to safeguard the visual amenity of its site and surroundings in the open countryside.

4. Within 12 months of the completion of the construction

works the temporary working areas around the turbines shall be reinstated in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority prior to any development commencing. Reason: To safeguard the visual amenity of the site and surroundings in the open countryside.

5. Unless agreed in writing by the Local Planning Authority, if the turbine ceases to be operational for a continuous period of 6 months, the development hereby permitted shall, within a period of 3 months (or such longer period as may be agreed in writing by the Local Planning Authority), be removed in its entirety from the site and the site shall either be restored to its condition before the development took place, or otherwise in accordance with a scheme that shall have first been submitted to and approved in writing by the Local Planning Authority. Reason: To safeguard the visual amenity of the site and surroundings from non essential development in the open countryside.

6. Development shall not be begun until a Construction

Method Statement including details of all on-site construction works, post-construction reinstatement, drainage, mitigation, and other restoration, together

with details of their timetabling has been submitted to and approved by the local planning authority and shall include measures to secure: a) Formation of the construction compound and access tracks and any areas of hardstanding, earthworks and re-grading associated with the access tracks, storage and handling of topsoils/soils; b) Cleaning of site entrances and the adjacent public highway; c) Temporary site illumination measures; d) Disposal of surplus materials; e) The sheeting of all HGVs taking spoil to/from the site to prevent spillage or deposit of any materials on the highway; f) Soil storage and handling; g) Temporary and permanent parking and storage areas for construction vehicles, maintenance vehicles, equipment and component storage; h) Measures to prevent mud and debris extending onto the public highway i) Disposal of any surplus materials j) Dust management; k) Drainage arrangements for all impermeable areas and buildings, including parking areas, hardstandings, access tracks l) Post-construction restoration/reinstatement of the working areas The Construction Method Statement shall be carried out as approved. Reason: In the interests of visual and residential amenity, and to prevent pollution of the environment in accordance with Policies EN6, EN14 and EN25 of the Allerdale Local Plan, Adopted 1999 (Saved).

7. No development shall take place until a written haul

route plan and scheme for temporary works' signs has been submitted to and approved in writing by the Local Planning Authority. Works so approved shall be carried out prior to works commencing on site, and shall be retained until the construction phase of development has been completed. Reason: In the interests of highway safety

8. 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. Reason: In the interests of highway safety

9. Construction of the access track and any permanent

areas of hardstanding shall not commence until the colour finish of the surface materials to be used have been submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved details. Reason: In the interests of visual amenity and in accordance with Policy EN25 of the Allerdale Local Plan, Adopted 1999 (Saved).

10. Before construction of the control building and

substation compound, details of the dimensions, appearance and external finishes of the building, the fencing and the surface of the compound shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: To ensure the design of the development is sympathetic with its sensitive site and surroundings within the open countryside.

11. No development shall take place until a written scheme

has been submitted to and approved in writing by the Local Planning Authority setting out a protocol and methodology for dealing with the assessment of shadow flicker in the event of any complaint. The protocol and methodology shall include remedial measures to be taken to alleviate any identified occurrence of shadow flicker. Operation of the turbines shall take place in accordance with the agreed protocol and methodology. Reason: To minimise the risk of shadow flicker from the development affecting the occupiers of any residential dwellinghouses in the locality of the site.

12. No development shall take place until a written scheme

has been submitted to and approved in writing by the Local Planning Authority setting out a protocol and methodology for dealing with the assessment of electromagnetic interference in the event of any complaint. The protocol and methodology shall include remedial measures to be taken to alleviate any identified occurrence of electromagnetic interference. Operation of the turbines shall take place in accordance with the agreed protocol and methodology. Reason: To minimise the impact of any disturbance potential electromagnetic interference from the development

to the aerial reception of any dwellinghouses in the locality of the application site.

13. No development shall take place until a surface water

management plan covering water treatment and the means of drainage from all hard surfaces and structures within the site has been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. For the purposes of this condition, hard surfaces include access tracks within the site, the substation compound, temporary construction and laydown areas, turbine pads and crane pads. The details to be submitted shall indicate the means of protecting groundwater, including private water supplies, and diverting surface water run-off. Reason: To protect the local water environment from any potential pollution and flooding.

14. The wind turbine hereby approved, shall operate within

the following noise parameters: a) Night time noise limits (11pm-7am) - The LA90 (10 minutes) specific noise level shall not exceed 43dB (A) when assessed and measured 3.5m from the façade of the nearest noise sensitive use, namely "Riglees Cottage, Aspatria, Wigton, CA71BZ" (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 35dB (A) when assessed and measured 3.5m from the façade of the nearest noise sensitive use, namely "Riglees Cottage, Aspatria, Wigton, CA71BZ" (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 45dB (A) when assessed and measured 3.5m from the façade of the nearest financially involved noise sensitive use, namely "Leesrigg Farm, Mealsgate, aspatria, CA71BZ" (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 45dB (A) when assessed and measured 3.5m from the façade of the nearest financially involved noise sensitive use, namely "Leesrigg Farm, Mealsgate, Aspatria, CA71BZ" (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 Policy EN6 of the Allerdale Local Plan Adopted 1999 (Saved).

15. In the event of a complaint being received in writing by

the Local Planning Authority alleging noise nuisance at a residential property or properties incuding those specified within Condition 14 (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 complainants 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 noise levels specified in Condition 14 a and b was confirmed at the complainants property 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 14 a and b. 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 Policy EN6 of the Allerdale Local Plan Adopted 1999 (Saved).

16. No development shall take place until a scheme of

aviation obstruction lighting has been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved scheme. Reason: In the interests of air safety.

17. 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 Policies EN25 and EN10 of the Allerdale Local Plan, Adopted 1999 (Saved).

Reason for Approval The decision to grant planning permission has been taken having regard to the Development Plan, any comments from consultees (including statutory consultees) and any responses from third parties. The decision was taken having regard to relevant planning policy and it was considered that the proposal was acceptable having regard to the national, strategic and local plan policies, supplementary planning guidance/documents and design guidance (set out below) and when taking all other material planning considerations into account. It was considered that there is not a demonstrable harm to interests of acknowledged importance caused by the development that justifies withholding permission. National Planning Policy Framework Allerdale Local Plan, Adopted 1999 (Saved) Policy CO13 - The setting of a Conservation Area Policy CO18 - Setting of a Listed building Policy EM17 - Renewable Energy Policy EN6 - Location of potentially poluting development Policy EN10 - Restoration, after uses cease Policy EN19 - Landscape Protection Policy EN24 - Protecting Historic Parks and gardens Policy EN25 - Protecting the open countryside Policy EN32 - Protecting wildlife protected by law Policy EN5 - Pollution Control Proactive Statement Application Approved Without Amendment The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any stakeholder representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

Notes to Applicant:

A PROW (public footpath) no 203001 lies adjacent to/runs through the site, no obstruction to the footpath shall occur during, or after the completion of the site works.