an Inspector appointed by the Secretary of State for Communities and Local Government

Transcription

1 Appeal Decision Site visit made on 20 May 2014 by J M Trask BSc(Hons) CEng MICE an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 24 July 2014 Appeal Ref: APP/D0840/A/13/ Tregarrick Farm, St Tudy, Bodmin PL30 3PJ The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. The appeal is made by Mr & Mrs Alford against the decision of Cornwall Council. The application Ref PA13/06659, dated 22 July 2013, was refused by notice dated 2 October The development proposed is described as a single wind turbine 77m to tip with associated infrastructure, including crane hardstanding, access road, substation and temporary meteorological mast, with a micrositing tolerance of 35m. Decision 1. The appeal is dismissed. Preliminary Matter 2. I have received updated details of wind turbine applications in the area and I have included this in my consideration of this appeal as I do not consider that this would cause prejudice to any interested party. 3. I have received confirmation that, despite the note on the drawing, Drg Rev 2 is part of the proposal. I do not consider that the inclusion of this drawing would cause prejudice to any interested party and I have included it in my consideration of this appeal. Main Issue 4. The main issue is whether any harmful impacts outweigh any benefits of the scheme, including the production of electricity from a renewable source, having particular regard to: i. the effect upon the character and appearance of the area including any cumulative impact arising from other permitted wind turbines within the area; and ii. Reasons Policy the effect upon the setting of designated heritage assets. 5. The development plan for the area comprises the saved policies of the North Cornwall Local Plan. Saved Policy TRU4 advises wind turbines will not be permitted where they would result in a significant change to the character of

2 the area. The supporting text draws attention to much of the landscape having national or countywide importance and that the greatest care has to be given to the reconciliation of the commercial exploitation of wind energy and the conservation of the landscape. The main thrust of saved Policy ENV1 is to protect the countryside and landscape character, particularly the Areas of Great Landscape Value. Saved Policy DVS1 aims to ensure all development is in keeping with the scale, character and appearance of the immediate surroundings and the wider environment. Saved Policy ENV12 advises development proposals will not be permitted where this would adversely affect the character, appearance or setting of a listed building and saved Policy ENV14 seeks to protect archaeological remains. 6. The emerging Cornwall Local Plan supports sustainable development, encourages the delivery of renewable energy whist respecting the character of Cornwall and seeks to avoid adverse impacts. Policy 15 advises regard will be given to the wider benefits of providing energy from renewable sources as well as the potential effects on the local environment. Policy 23 aims to sustain, protect and enhance the landscape character and Policy 24 requires the protection, conservation, and enhancement of the historic environment. Although referred to by the Council Policy 27, which relates to transport and accessibility, does not seem to me to be particularly relevant to this case. 7. The National Planning Policy Framework (the Framework) is an important material consideration which carries considerable weight in this appeal. Amongst other things it advises that there should be a presumption in favour of sustainable development and that planning plays a key role in securing reductions in greenhouse gas emissions and supporting the delivery of renewable energy. This is central to the economic, social and environmental dimensions of sustainable development. The Framework includes the core principle of protection of the countryside for its intrinsic value and in meeting the challenge of climate change the Framework seeks to maximise renewable and low carbon energy development while ensuring that adverse impacts are addressed satisfactorily, including cumulative landscape and visual impacts. 8. Economic growth in rural areas is supported by the Framework which also encourages diversification of agricultural and other land based rural enterprises. The Framework also advises that great weight should be given to the conservation of designated heritage assets and requires approval of renewable energy applications if the impacts can be made acceptable, unless material considerations indicate otherwise. 9. Since this appeal was made Planning Practice Guidance for Renewable and Low Carbon Energy (July 2013) has been superseded by the Government s Planning Practice Guidance (the PPG). However, having regard to the submissions put to me, I am satisfied that no party s interests will be prejudiced by taking account of the PPG. The guidance supports the advice in the Framework. 10. I have had regard to the Overarching National Policy Statement for Energy (EN-1) and the National Policy Statement for Renewable Energy Infrastructure (EN-3) as well as Planning Policy Statement 5: planning for the historic environment. Also other studies, assessment and guidance produced by the Council including An Assessment of the Landscape Sensitivity to On-Shore Wind Energy and Large Scale Photovoltaic Development in Cornwall, the Cornwall and Isles of Scilly Landscape Character Study and Cornwall Council 2

3 Renewable Energy Planning Guidance Note 3 The Development of Onshore Wind Turbines in Cornwall. Character and Appearance 11. The site is within an agricultural field surrounded by fields. It is in an open and expansive location with the Camel Valley to the east and beyond that Bodmin Moor. The site is located in the Camel and Allen Valleys Landscape Character Area (LCA) (CA33), which is described as being an undulating plateau incised with rivers, and is about 750m from the locally designated Camel and Allen Valley Area of Great Landscape Value. Bodmin Moor, LCA (CA32), is an Area of Outstanding Natural Beauty and is characterised by a wild landscape, among other things. The Council s Assessment of the Landscape Sensitivity to On- Shore Wind Energy and Large Scale Solar Development in Cornwall advises that area CA33 is a landscape with moderate sensitivity to wind energy developments. The landscape strategy is for a landscape with occasional small or medium clusters of turbines (or single turbines). The medieval farmland in which the site is set has a moderate to high sensitivity to these developments. The strategy for Bodmin Moor is to be without wind farms with only occasional very small wind turbines associated with farm buildings or settlements. 12. There is a line of pylons near the site but these are lattice structures which limits the impact of their intrusion into the rural landscape. However, there are wind turbines visible to the north, west and south of the site and, while they are generally in the distance, they diminish the remote, tranquil and rural character and appearance of the area. 13. The proposed wind turbine would have a hub height of 50m and the height to blade tip would be 77m. It would be located above the 130m (AOD) contour such that the tip of the blade would be above the level of the settlements of St Breward and Churchtown which are on a ridge to the east of the site. The level of the blade tip would also be approaching the ground level at Treswallock Downs on the edge of Bodmin Moor. As a result, when taking account of perspective the turbine would appear higher than the ridge to the east when seen from many viewpoints in the area. This would detract from this defining feature of the area. 14. The proposed wind turbine would be a tall made man structure in a rural environment. It would be considerably taller and more solid in appearance than the nearby pylons and at times the blades would be moving which would draw attention. The turbine would be seen from many locations in the wider landscape, would be a prominent addition to the area and would be an alien and incongruous feature. It would have a moderate to major impact on the wider landscape, including the nearest slopes on the edge of Bodmin Moor, and would be dominant in closer views. While I have had regard to the limited life of the proposed scheme, as a result of its size and man-made form the wind turbine would be an out of place feature and detract from the remote, tranquil and rural landscape. 15. I visited many locations in the area, including Treswallock Downs on the edge of Bodmin Moor and points along the Camel Trail, the Cornish Way, Moorland Way and National Cycle Route 3. In terms of visual impact the wind turbine would be obvious in the landscape and would be perceived as a significant factor in the local landscape character. The plateau on which the turbine would sit would suffer a prominent level of change. The turbine would be much taller 3

4 than the electricity pylons and be prominent when seen from dwellings on the edges of St Tudy, Churchtown and St Breward as well as the footpaths and roads near those locations. In particular, in views towards the east, it would detract from the prominent setting of the settlements of Churchtown and St Breward on the ridge and in views from the west, such as from the Moorland Way, it would dominate the plateau. The road immediately to the west of the site is an important north south route that is well used and the wind turbine would be a very obvious structure when seen from this road and the local road network and footpaths when it would be seen in continuous views as the roads and footpaths approach its location. 16. There are other operational wind turbines in the surrounding area, most prominently to the north, but also to the west and south. Some of these turbines are particularly apparent as from locations such as Treswallock Downs only the blades appear above the skyline. The proposed turbine would be seen in the same views as other turbines from many locations in the surrounding area and the cumulative impact would lead towards an industrialisation of the character of the area. 17. I have found that the proposal would be detrimental to the wider landscape character and the cumulative effect would increase that harm. Also the turbine would be dominant and overpowering and it would have an undue visual impact on the area. I conclude that the proposed development would be harmful to the remote, tranquil and rural character and appearance of the area. Thus the proposal conflicts with Local Plan Policies TRU4, ENV1 and DVS1 and emerging Policy 23. Heritage Assets 18. The church of St Brueredus is a Grade I listed building that is on a ridge overlooking the plateau on which the wind turbine would be located, it is about 2.3km from the proposed location of the wind turbine. The church would have been deliberately designed to be the highest building in the area and the plateau below contributes to the setting of the church. The tip of the wind turbine would approach the height of the church tower and would compete with the tower to be the highest point in the area. This effect would be increased as a result of the gently undulating land on the plateau around the turbine which would increase the prominence of the structure. The wind turbine would be seen in many of the same views as the church tower and would draw the eye, thus it would be detrimental to the setting of this heritage asset. 19. The church of St Uda is also Grade I listed and lies within the village of St Tudy which, together with the surrounding countryside forms the setting for this heritage asset. The church of St Uda is closer to the appeal site than the church of St Brueredus but it is not so prominent in the landscape and the countryside is less important in the setting of the church. Thus, while the proposed wind turbine would result in some disruption to the surrounding countryside, the effect on the setting of the church would be limited. 20. Hengar Manor is a Grade II listed building that is less than one kilometre from the site. The manor has some open views to the south but generally lies in a woodland setting, albeit the holiday village and facilities detract from the tranquillity usually associated with a sylvan setting. Although the turbine would have little impact on the woodland element of the setting, it would be apparent in views of the manor building, particularly in winter months and particularly 4

5 from the south, and there would be a negative, albeit minor, impact on the open countryside that forms part of the setting of Hengar Manor. There would be little effect on other heritage assets in the area. 21. I conclude that there would be a significant adverse impact on the setting of a listed building and a moderate negative impact on the setting of other listed buildings in the area. Consequently, the proposed development would be contrary to Local Plan Policies ENV12 and ENV14 and emerging Policy 24. Benefits 22. The Framework requires the benefits of proposals in terms of renewable energy to be taken into account. The appellant advises the proposed turbine would have a capacity of about 500kW, which would be enough to supply more than 300 houses. It would also support Government policy in reducing carbon emissions, would contribute towards reaching the Government s renewable energy targets and assist in the security of energy supply. The appellant has also advised that the income generated would be invested in the farm, would allow for additional employment on the farm and ensure the family business continues to operate. As noted in other Appeal Decisions these are important considerations to be weighed in the balance. Balance 23. Policy TRU4 of the Local Plan and the Framework require the benefits of proposals in terms of renewable energy to be balanced against any harm. I have concluded that there would be harm to the character and appearance of the local and wider landscape. I have also found the harm to the setting of a Grade I listed building would be significant and that there would be some harm to the setting of other listed buildings. I am required (by section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990) to give considerable importance and weight to the desirability of preserving the setting of listed buildings. There remains a strong presumption against granting planning permission where there would be any harm to the setting of a listed building. 24. The proposal would provide a valuable contribution to cutting greenhouse gas emissions and this warrants great weight. There are also other benefits but the unacceptable adverse effects are not outweighed by the local and wider benefits and the proposed scheme conflicts with emerging Policy 15. Paragraph 98 of the Framework states that Councils should approve renewable energy applications, provided that impacts are or can be made acceptable. In this case the impacts could not be made acceptable and therefore the proposal is contrary to paragraph 98 and also paragraph 14 of the Framework, which sets out the conditions for decision-making for sustainable development. Conclusion 25. For the reasons given above and having regard to all other matters raised I conclude that the appeal should be dismissed. J M Trask INSPECTOR 5