KIRKBY MOOR WIND FARM LIFE EXTENSION

Transcription

1 SCOPING REPORT ENVIRONMENTAL IMPACT ASSESSMENT KIRKBY MOOR WIND FARM LIFE EXTENSION Date of Issue: 26 July 2016 Version: FINAL Prepared by: RWE Innogy UK Ltd Recipient: South Lakeland District Council

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3 RWE Innogy UK Limited Kirkby Moor Wind Farm Life Extension Environmental Impact Assessment Scoping Report July 2016 Copyright 2016 RWE Innogy UK Ltd All pre-existing rights reserved. This document is supplied on and subject to the terms and conditions of the Contractual Agreement relating to this work, under which this document has been supplied. 1

4 CONTENTS Page 1. Executive Summary 3 2. Introduction 6 3. The Environmental Impact Assessment (EIA) Process Project Overview Planning Policy Context Proposed Content of the Environmental Statement (ES) Introductory ES Chapters Landscape and Visual Non-Avian Ecology Ornithology Noise Archaeology and Cultural Heritage Infrastructure Topics Not Proposed to be Included within the Environmental Statement: 69 - Socio-Economics, Tourism, Recreation and Land Use - Access, Traffic and Transport - Ground and Water Conditions - Shadow Flicker 15. Invitation to Comment 74 Figures: Figure 1 Figure 2 Figure 3 Figure 4 Site Context Plan Site Layout Plan Other Wind Farm Sites within 35km of Kirkby Moor Zone of Theoretical Visibility to 35km with Proposed Visual Assessment Viewpoints 2

5 1 EXECUTIVE SUMMARY 1.1 This Scoping Report has been prepared to accompany a formal Environmental Impact Assessment (EIA) Scoping Request to South Lakeland District Council (SLDC) in relation to the extension of the operational life of the existing Kirkby Moor wind farm on land at Kirkby Moor and Lowick High Common, near Grizebeck, Cumbria. 1.2 It is proposed to seek consent to operate the wind farm until 31st March Therefore the extension would be 8 years, 7 months and 5 days, plus a further 12 months to allow for an enhanced process of decommissioning and restoration works to take place. 1.3 The wind farm comprises: 12no 400kW turbines (hub height 25m, blade tip height 42.4m), transformer housings, associated access tracks and ancillary development. A dual use anemometer and radio mast, an overhead line grid connection and substation have also been built and have separate and non-time limited planning permissions and therefore do not form part of this proposal. 1.4 Kirkby Moor Wind Farm has been a reliable contributor of renewable energy for more than 20 years. Over the last 22 years (1994 to 2015), the existing Kirkby Moor Wind Farm has produced an average of 12.1GWh per year. This is enough electricity to supply the equivalent of the average annual electricity needs of around 2,700 UK homes per year. This is based on a UK average annual domestic electricity consumption of approximately 4,400kWh Wind farms are typically granted a temporary planning permission for a 25 year operational life. However, such conditions are set out in this manner on the understanding that after this period the turbines are likely to be approaching life expiry. It is not an indication that the wind farm is only acceptable for this period of time. Rather such conditions are imposed to ensure that the wind turbines are removed when it is anticipated that they would no longer be in use. 1.6 Studies have been carried out to test and assess the structural integrity of the Kirkby Moor Wind Farm. These studies, combined with the experience gained from monitoring and operating the wind farm for over 23 years, assess the safety and viability of operating into the future. Tests, studies and monitoring will continue to ensure that the wind farm can continue to be operated safely. 1 Equivalent homes supplied is based on an annual electricity consumption per home of 4,400 kwh. This figure is supported by recent domestic electricity consumption data available from The Digest of UK Energy Statistics and household figures from the UK Statistics Authority. 3

6 1.7 The EIA Regulations require that the ES identifies likely significant environmental effects arising from the life extension proposal. It is recognised in the EIA Regulations that not all environmental effects are significant. However, those which are considered to be significant may constitute a material consideration in determination of the planning application. 1.8 It is proposed that the ES will include the following chapters: Introduction Environmental Impact Assessment Process Consideration of Alternatives Project Description Policy Context Landscape and Visual Non-Avian Ecology Ornithology Noise Cultural Heritage Infrastructure 1.9 For the following topics, whilst it is acknowledged that some effects may occur, it is not considered that significant effects would arise: Access, Traffic and Transport Shadow Flicker Ground and Water Socio-Economics, Tourism and Recreation Summary of Baseline Surveys Landscape and Visual Surveys Already Carried Out o Desk study of protected sites o Field visits & photography from 28 previously agreed viewpoints o Residential Visual Amenity visits to all nearby properties Non-Avian Ecology Surveys Already Carried Out o Desk study of protected sites o Extended Phase 1 Habitat survey (2012) o Phase 2 Botany (2012) o Bat Activity and Habitat Assessment o Bat Activity Monitoring at Height (2013) o Bat Roost Emergence/Return Survey (2012, 2013) o Pond surveys CGN (2012) o Reptiles - Habitat Assessment (2012) o Otter, Water Vole and Badger (2013) Surveys to be Carried Out o Consultation and desk based data refresh including review of cumulative situation o Fields visits to 28 viewpoints to assess smaller turbines and cumulative situation Surveys to be Carried Out o Consultation and desk based data refresh o Habitat Validation Surveys 4

7 Ornithology Surveys Already Carried Out o Desk study of protected sites o Breeding Bird Surveys (2011, 2012, 2013, 2015) o Non-Breeding Bird Surveys ( , , , ) Noise Surveys Already Carried Out o Background Noise Assessment (2013) Cultural Heritage Surveys Already Carried Out o Desk study of protected sites o Field visits to heritage assets & photography from 4 previously agreed heritage viewpoints Infrastructure Surveys Already Carried Out o Desk study of infrastructure assets (including telecommunications links and radar) Surveys to be Carried Out o Consultation and desk based data refresh Surveys to be Carried Out Surveys to be Carried Out o Consultation and desk based data refresh including review of cumulative situation o Fields visits to heritage assets including 4 heritage viewpoints to asses smaller turbines and cumulative situation Surveys to be Carried Out o Consultation and desk based data refresh of infrastructure assets Whilst the primary purpose of this Scoping Report is to seek a formal Scoping Opinion from South Lakeland District Council, we invite comments on the content of this Scoping Report from all statutory consultees, non-statutory consultees and other stakeholders and interested parties. Any media enquiries in relation to the life extension proposal should be directed to Kyle Raistrick at RWE: RWE Innogy UK Ltd. Windmill Hill Business Park Whitehill Way Swindon, Wiltshire, SN5 6PB 5

8 2 INTRODUCTION Overview 2.1 This Scoping Report has been prepared to accompany a formal Environmental Impact Assessment (EIA) Scoping Request to South Lakeland District Council (SLDC) in relation to the extension of the operational life of the existing Kirkby Moor wind farm on land at Kirkby Moor and Lowick High Common, near Grizebeck, Cumbria. 2.2 The Scoping Request is made under Regulation 13 of the Town and Country Planning (Environmental Impact Assessment) Regulations The purpose of the Scoping Request is to seek a formal Scoping Opinion from SLDC on the information to be contained within an Environmental Statement (ES) for the proposed life extension of Kirkby Moor Wind Farm as granted planning permission by SLDC Ref: (PINS Ref: PNW/5166/21/73.) 2.3 The Scoping Report invites SLDC, statutory consultees, non-statutory consultees and other stakeholders and interested parties to provide input into the EIA process and comment upon the proposed content of the ES. 2.4 Kirkby Moor wind farm was one of the first operational wind farms in the UK having been consented in The wind farm was constructed in 1993 and has planning consent for 25 years lapsing on the 26th August It is proposed to seek consent to operate the wind farm until 31st March Therefore the extension would be 8 years, 7 months and 5 days, plus a further 12 months to allow for an enhanced process of decommissioning and restoration works to take place. 2.6 The wind farm that was granted planning permission by virtue of SLDC Ref: (PINS Ref: PNW/5166/21/73) comprises: 12no 400kW Windane (later to become Vestas) turbines (hub height 25m, blade tip height 42.4m), transformer housings, associated access tracks and ancillary development. A dual use anemometer and radio mast, an overhead line grid connection and substation have also been built and have separate and non-time limited planning permissions and therefore do not form part of this proposal. The dual use mast is used by the wind farm for collecting meteorological data (such as wind speed and direction) and by the Duddon and Furness Mountain Rescue Team for providing radio communications. 2.7 The Kirkby Moor wind farm is located on an area of upland known as Kirkby Moor and Lowick High Common. A plan showing the location of the wind farm is illustrated in Figure The wind farm lies approximately 2km to the south east of Grizebeck and directly to the east of the Burlington Slate Quarry. Kirkby-in-Furness lies approximately 2km to the south west of the site and Broughton Beck lies approximately 2km to the east of the site. The site is located outside of the Lake District National Park, with the northern 6

9 most part of the site lying approximately 800m to the south of its southern boundary. The centre of the site has an approximate grid reference of , The Need for Renewable Energy 2.9 There is broad scientific consensus that human-induced climate change poses an unprecedented threat to the economic, social and environmental well-being of the UK. Combating climate change requires a sustained effort towards the reduction of greenhouse gas emissions and principally the reduction of carbon emissions The need for renewable energy production as a means of combating climate change is well documented and renewable energy targets have been established at all tiers of governance to reduce carbon emissions and ensure the delivery of energy needs from renewable sources Successive UK Governments have responded to the threat of climate change through the development of a target-based approach in energy and planning policy in a series of documents which clearly establish the urgency of deploying significant renewable energy capacity in the short term Under EU Directive 2009/28/EC the European Union set national targets for renewable energy, including a UK target of 15% of energy needs from renewable sources by This target was adopted into UK law through Statutory Instrument No. 243 (The Promotion of the Use of Energy from Renewable Sources Regulations) which came in to force on the 14th March The UK Renewable Energy Roadmap was published by DECC in 2011 and set out a detailed pathway to achieving the legally binding targets, including the contribution likely to be required from each technology. An Update to the Roadmap was published in The potential contribution of onshore wind across the UK is identified as an installed capacity of 13GW, equal to approximately 31.35TWh of electricity generation per annum at typical load factors. The Contribution of Kirkby Moor Wind Farm - Wind Farm Yield and Carbon Dioxide Displacement 2.14 Kirkby Moor Wind Farm has been a reliable contributor of renewable energy for more than 20 years. Over the last 22 years (1994 to 2015), the existing Kirkby Moor Wind Farm has produced an average of 12.1GWh per year. This is enough electricity to supply the equivalent of the average annual electricity needs of around 2,700 UK homes per year. This is based on a UK average annual domestic electricity consumption of approximately 4,400kWh 2. 2 Equivalent homes supplied is based on an annual electricity consumption per home of 4,400 kwh. This figure is supported by recent domestic electricity consumption data available from The Digest of UK Energy Statistics and household figures from the UK Statistics Authority. 7

10 2.15 Output predictions for the wind farm take into account the variable nature of the wind, down time of the turbines due to maintenance and losses that are inherent in the wind farm design. Modern wind farms generate approximately 80% of the time although not always at maximum output. They are highly efficient at converting available wind energy into electricity. It should be noted that the capacity factor is not a measure of efficiency or the amount of time turbines are generating. It is just a term used to describe the average energy output related to the maximum possible output of the wind farm if the generators were operating to their rated capacity over the same period. A wind turbine s generator is deliberately sized above the average output level to maximise generation in good winds Every kilowatt hour of electricity exported by the wind farm feeds in to the electricity network. Wind energy reduces the demand for electricity generated by conventional power stations (often coal or gas) which vary their output to balance supply and demand on the network. Wind energy saves the emission of carbon dioxide (CO 2 ) predominantly through reduced consumption of a combination of both coal and gas. It is difficult to predict exactly what volume of CO 2 emissions the wind farm will prevent as the amount of CO 2 generated by a varying mix of conventional sources changes from year to year Summary Table 1.1 presents predicted carbon dioxide emission saving due to offset fossil generation for existing Kirkby Moor Wind Farm 3. Table 1.1: Homes Supplied and Carbon Dioxide Offset Figures Wind farm installed capacity Annual generation Number of homes equivalent supplied per annum 1 Carbon dioxide offset (tonnes of CO 2 per annum) 2 Actual annual average 1994 to MW 12.1 GWh 2,700 4,600 [Assuming gas produced electricity is always displaced (low case)] 11,000 [Assuming coal produced electricity is always displaced (high case)] The Need for Life Extension 2.18 Wind farms are typically granted a temporary planning permission for a 25 year operational life. However, such conditions are set out in this manner on the 3 The figure for CO 2 savings depends on which source of electricity generation wind power displaces at any given time during the year. This range reflects CO 2 displacement factors with respect to gas-fired and coal-fired generation. It should be noted that future changes in the power generating mix and fuel costs in the UK may result in changes to these figures over time. Calculations assume emissions of 380g CO 2 / kwh for gas generated electricity and 906g CO 2 / kwh for coal generated electricity, 2013 figures, as stated in The Digest of UK Energy Statistics 2015 (2014 figures are still provisional). 8

11 understanding that after this period the turbines are likely to be approaching life expiry. It is not an indication that the wind farm is only acceptable for this period of time. Rather such conditions are imposed to ensure that the wind turbines are removed when it is anticipated that they would no longer be in use. Paragraph 7 of the decision notice provides some useful insight into the thoughts of the decision maker in this regard from the time the initial planning permission was granted: Having regard to the minimal ecological and other harmful effects likely to be caused, it is considered that permission should be given for the project to proceed for the expected life of the turbines, which was given in evidence to be 25 years, after which they should be removed. Any case for their continuation or replacement can be considered at that time in the light of the experience gained during their actual working life It is therefore considered that had a different duration been given for the expected life of the turbines that this would have been used in the planning condition. Likewise if it was deemed that the wind farm would only be acceptable for a maximum of 25 years then clearly the decision notice would not have gone on to say that the case for continuation can be considered at the end of the anticipated expected life of the turbines RWE commissions studies in order to test and assess the structural integrity of its plant on the wind farm. These studies consider all structural aspects of the wind farm including foundations, tower, nacelle, hub, blades, safety devices, the electrical cabling system and the grid transformer. The structural integrity studies are combined with the considerable experience gained from monitoring and operating the wind farm for over 23 years in order to assess the safety and commercial viability of operating the wind farm into the future. Assessments to date have shown that the Kirkby Moor wind farm remains safe and commercially viable to operate. In the future tests, studies and monitoring will continue to be undertaken to ensure an appropriate maintenance programme is in place and that the wind farm can continue to be operated safely. RWE Innogy UK Limited 2.21 RWE Innogy UK Limited (RWE) is one of the UK s leading renewable energy companies, dedicated to generating electricity using sustainable and environmentally friendly resources. RWE is the leading developer and operator of onshore and offshore wind farms in the UK, with over 20 years of experience in the wind energy market. Across the UK, RWE operates 32 onshore wind farms and 22 hydroelectric power projects, and also has a number of new projects in construction and development. The construction of projects along with their ongoing operation and maintenance has generated significant investment into UK businesses Zephyr Investments Limited (ZIL) is seeking to extend the operational life of the Kirkby Moor wind farm that is held by its group company Beaufort Wind Limited (BWL). ZIL established Headwind Development Services Limited (HDSL) as a group company to undertake its development activity, initially focusing on the potential repowering of its wind farms and now broadening its activities to cover the Life Extension of the Kirkby Moor Wind Farm. As the applicant for the proposal HDSL is employing RWE to act as its 9

12 agent in relation to the Environmental Impact Assessment and planning process. In turn RWE have appointed a team of specialist technical and environmental consultants to aid with the Environmental Impact Assessment. Structure of the Scoping Report 2.23 The remainder of this EIA Scoping Report is divided into a number of sections. These are as follows: Section 2: Section 3: Section 4: Section 5: The Environmental Impact Assessment (EIA) Process A summary of the EIA process which will be undertaken Project Overview An overview of the site and the life extension proposals Planning Policy Context A summary of the relevant planning policy relevant to the proposals Proposed Content of the Environmental Statement (ES) An overview of the structure and format of the ES documents Sections 6-12: Topics to be included in the Environmental Statement (ES) Each environmental topic to be considered in the ES is discussed in turn Section 13 Section 14: Topics not proposed to be included in the Environmental Statement (ES) Each environmental topic not to be considered in the ES is discussed in turn Invitation to Comment Details of how to comment on this Scoping Report 10

13 3 THE ENVIRONMENTAL IMPACT ASSESSMENT (EIA) PROCESS Overarching Legislation 3.1 The EIA process will be undertaken in accordance with the requirements of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011, as amended, which are referred to in this document as the EIA Regulations. EIA Process Overview 3.2 The EIA process for the Kirkby Moor wind farm life extension can be considered as having the following stages, each of which is discussed further in this section: Site Selection; Screening; Scoping (as initiated by this document); Baseline Studies; Consultation; Assessment of environmental effects and evaluation of significance; and Production of the Environmental Statement. 3.3 The EIA will be conducted in accordance with the EIA Regulations and in line with published best practice guidelines including: The Guidelines for Environmental Impact Assessment, Institute of Environmental Management and Assessment (2004) IEMA. Site Selection As evidenced by the existing planning permission, the wind farm on this site has previously been considered to be acceptable, whilst visual impact is a key consideration it is helpful to reflect on paragraph 6 of the decision notice which states: it is noted that the local planning authority, South Lakeland District Council, considered that the visual impact of the turbines would be acceptable. The wind farm has not only been proven to be environmentally acceptable but also technically feasible. Screening 3.4 The EIA Regulations require certain proposals to require EIA. Given the nature and scale of the proposal, it was decided by RWE that EIA was required and therefore it did not seek a formal Screening Opinion from the LPA. Scoping 3.5 The EIA Regulations provide for obtaining a Scoping Opinion from the Local Planning Authority regarding the potential environmental impacts that should be considered in the EIA (Regulation 13). The purpose of this Scoping Report is to accompany the request for such a Scoping Opinion. 11

14 3.6 Regulation 13 requires that a Request for a Scoping Opinion shall include the following: a plan sufficient to identify the land; a brief description of the nature and purpose of the development and of its possible effects on the environment; and such other information or representations as the person making the request may wish to provide or make; 3.7 This Scoping Report includes a plan identifying the location of the site in the sub regional context (Figure 1). It also includes a brief description of the life extension proposal and of its possible effects on the environment, as required under this Regulation. EIA Scoping - Good Practice Guidance 3.8 Guidance on EIA Scoping was produced by the European Commission (Guidance on EIA Scoping, (June 2001) Luxembourg: Office for Official Publications of the European Communities). 3.9 This good practice guidance describes EIA Scoping as follows: Scoping is the process of determining the content and extent of the matters which should be covered in the environmental information to be submitted to a competent authority for projects which are subject to EIA The Guidance sets out the information which a Scoping Report should contain. The guidance states as follows: In principle, a Scoping Report or Opinion should identify the content and extent of the information to be provided by the developer to the competent authority. In particular, Scoping Reports and Opinions will always identify the types of environmental impacts to be investigated and reported in the environmental information.' 3.11 The Guidance also identifies other issues which the Scoping Report may also wish to cover. These include: the types of alternative which ought to be considered; the baseline studies which are required to characterise the existing environment; any special requirements for baseline studies regarding their geographical extent or timing e.g. because of seasonal changes in fauna and flora; the level of detail of investigations required; the methods to be used to predict the magnitude of environmental effects; the criteria against which the significance of effects should be evaluated; the types of mitigation to be considered; any further consultations to be carried out during the environmental studies; the structure, content and length of the environmental information (or EIS); the membership and management of the EIA Team; the workplan and resourcing for the environmental studies. 12

15 3.12 Where possible these issues are addressed in this Scoping Report The Guidance also re-iterates the need for wide consultation during the EIA Scoping process: There are three main groups of organisations and individuals who it may be appropriate to consult during scoping. These are: environmental authorities other interested organisations the general public Whilst producing this scoping report firstly and fore mostly for submission to SLDC with the Scoping Request, RWE is keen to invite comments on the scope of the ES not just from SLDC and statutory consultees but also from non-statutory consultees and other stakeholders and interested parties including the general public. Further details of how to provide feedback as part of this EIA Scoping phase are set out in Chapter 15 of the Scoping Report. Baseline Studies 3.15 In the case of many of the environmental topics which will be covered in the EIA, baseline studies have already been undertaken in relation to the earlier application for repowering, and details of this work can be found in the discussion of each environmental topic presented in Sections 6 and 7. The baseline conditions are to be established within each of the individual environmental assessments through the use of a number of sources including: desk top review of existing available data; site specific survey work; and consultation. Consultation Statutory and Non-Statutory Consultees 3.16 It is recognised that ongoing consultation throughout the lifecycle of the project with both statutory and non-statutory consultees is a crucial element of the EIA process. This consultation process, which begun during the earlier application for repowering and which is re-initiated by this EIA Scoping request, will endeavour to ensure that information on the baseline environment and potential impacts is up to date The process will include for consultation with the neighbouring quarry development, to ensure that the workings of the quarry site are fully understood and to enable the two sites to work together where possible to minimise effects and increase efficiencies. 13

16 Public Consultation 3.18 RWE is committed to working together with local communities and aims to ensure that they are consulted with and informed of these proposals. Assessment of Environmental Effects and Evaluation of Significance 3.19 The EIA Regulations require that the ES identifies likely significant effects of the life extension proposal on the environment. It is recognised in the EIA Regulations that not all environmental effects are significant. However, those which are considered to be significant may constitute a material consideration in determination of the planning application The evaluation and determination of significant effects will be carried out using specific criteria defined within each of the technical chapters of the ES. Where available, published standards and guidelines will be used as the basis for the significance criteria The proposed methodologies for individual environmental topics are discussed in the subsequent section. However, the basic approach is the same for all environmental topics and is set out below: The sensitivity of the receiving environmental receptor is evaluated using defined criteria; The nature of the impact is established in terms of its duration, extent, frequency, likelihood of occurrence, reversibility, and compliance with recognised standards; The magnitude of the impact is determined. The magnitude of change is a consideration of how much the impact alters the baseline condition; The significance of the effect is determined by cross referencing the sensitivity of the receptor with the magnitude of change on the receptor. Nature of Effects 3.22 It should be noted that environmental effects may be positive or negative and this will be noted in the ES With regard to landscape and visual effects, it is noted that wind farms give rise to a wide spectrum of opinions, ranging from strongly adverse to strongly positive, with a wide range of opinions lying somewhere between these two positions. Some people view wind turbines as incongruous or industrial structures, whilst others view them as aesthetically pleasing, elegant structures and a positive response to climate change. This spectrum of opinion has come to be referred to in relation to wind farms as the concept of valency It will not be within the scope of this LVIA to critique the aesthetic or architectural merits of wind turbines. However, in considering the landscape and visual effects of the wind farm a precautionary approach to the assessment will be adopted and it will be 14

17 assumed that the impacts of the proposal will be adverse in nature, even though it is acknowledged that, for some people, the impacts could be considered to be positive. Operational Phase Effects 3.25 The operational phase section of each technical assessment will consider those effects that would occur during the extended period in which the wind farm shall be generating renewable energy. It is understood that the operational phase of the wind farm would last up to a further 8 years, 7 months and 5 days beyond the current end of the planning consent in Decommissioning Phase Effects 3.26 An assessment shall be provided of the potential effects which would occur during the decommissioning of the wind farm, once the operational phase is complete. This decommissioning phase would last for a period of 12 months after the turbines have ceased generation. As part of this assessment the ES would include an Outline Decommissioning Method Statement which would provide details of the sensitive and considered approach to be taken to decommissioning once operation ceases in March Cumulative Effects 3.27 The Kirkby Moor Wind Farm Life Extension EIA will have due regard for potential cumulative effects in line with the Information for inclusion in environmental statements set out in Schedule 4 of the EIA Regulations Each topic area to be covered in the Environmental Statement will consider potential cumulative effects with other operational, consented wind farms, or proposed wind farms which are currently within the planning system. Consideration will also be given where relevant to the potential for cumulative effects with the proposed extension to Burlington Quarry which lies to the north of the wind farm for which a planning application has been submitted to the Minerals Planning Authority, Cumbria County Council (Application reference: PL\1544\05 (5/16/9002). 15

18 4 PROJECT OVERVIEW Site Location 4.1 The Kirkby Moor wind farm is located on an area of upland known as Kirkby Moor and Lowick High Common. A plan showing the site s location in the sub-regional context is illustrated in Figure 1. The centre of the site has an approximate grid reference of , Figure 2 shows the layout of the wind farm. 4.2 The wind farm lies approximately 2km to the south east of Grizebeck and directly to the east of the Burlington Slate Quarry. Kirkby-in-Furness lies approximately 2km to the south west of the site and Broughton Beck lies approximately 2km to the east of the site. 4.3 The wind farm site is designated as part of the Kirkby Moor Site of Special Scientific Interest (SSSI) for its upland heath habitat, in particular its heather moorland. Approximately 800m to the north of the site lies the A5092 which also forms the southern boundary of the Lake District National Park. Kirkby Moor Wind Farm 4.4 Kirkby Moor wind farm was one of the first operational wind farms in the UK having been consented in The wind farm was commissioned in 1993 and has planning consent for 25 years lapsing on the 26th August Table 3.1: Relevant Planning History of the Site Application Ref: Development Consented PINS Ref: Kirkby Moor Wind Farm PNW/5166/21/ Overhead line grid connection (by Norweb) Substation (by Norweb) Overhead line grid connection (by Norweb) Radio Mast for Duddon and Furness Mountain Rescue Team Anemometer mast SL/2012/0051 SL/2014/0587 SL/2016/0158 SL/2014/1220 2no. x 80m anemometer masts Time extension for SL/2012/0051 A Further time extension for SL/2012/0051 Kirkby Moor Wind Farm Repowering Decision Date Approved 11-Mar-92 Approved 11-May-91 Approved 10-Aug-92 Approved 28-Sep-92 Approved 01-Jun-93 Approved 01-Jun-93 Approved 02-Oct-12 Approved 05-Aug-14 Approved 28-Apr-16 Refused 26-Nov-16 16

19 (Non-wind farm related application) SL/2010/1107 Access track Approved 18-Jan As illustrated in Figure 2 the wind farm comprises 12no. 400kW Windane (later to become Vestas) turbines (hub height 25m, blade tip height 42.4m), transformer housings, an anemometer mast, a substation and associated access tracks. 4.6 The wind farm is accessed through Kirkby Slate Quarry within which there is currently a small operational maintenance cabin for site staff. The on-site access tracks can be considered as two loops; the first provides access to four turbines which lie to the west on the Winnow spur of the ridge; the second provides access to the eight turbines on Kirkby Moor and Lowick High Commons. These tracks are not required to be removed at the end of the existing planning consent period. 4.7 Although it was constructed at the same time as the existing turbines, the existing substation building on Kirkby Slate Road has its own non-time limited planning permission. It is owned and operated by Electricity North West and it is understood there are other cables running into the substation other than those which serve the wind farm. It would not therefore be removed at the end of lifetime of the wind farm. Adjacent to the substation is a lattice structure telecommunications mast which is again owned by Electricity North West and this is not associated with the existing wind farm. The substation is connected to the Electricity North West Distribution Network by an overhead line. This also has its own non-time limited planning permission. Consenting Process for the Life Extension 4.8 The proposal to extend the operational life of Kirkby Moor Wind Farm is to be progressed by way of a planning application under Section 73 of the Town and Country Planning Act 1990 (as amended) (hereinafter referred to as the 1990 Act ) to vary condition 6 subject to which the original planning permission was granted. 4.9 Condition 6 states as follows: The turbines hereby approved shall be removed from the site on the expiration of 25 years from the date of the turbines first being brought into use or within one year of the turbines being decommissioned or becoming disused for any reason, whichever is the sooner It is should be noted that this existing condition requires the removal of the turbines but not any associated foundations, access tracks or ancillary installations Effectively, this condition would be amended to require decommissioning to be completed by 31st March The practical effect of this would be to allow for the continued commercial operation of the wind farm for up to a further eight years, 7 months and 5 days, up to 31st March 2027, followed by one year for carrying out site decommissioning works. Additionally the amended condition would allow for an expansion of the scope of the condition to allow for a more comprehensive process of 17

20 decommissioning and site restoration activities beyond that which is required by the existing condition. This would allow for South Lakeland District Council to have a medium by which to control the decommissioning process in line with modern standards and ensure that the SSSI in which the wind farm is located is considered appropriately during this process Where an application under Section 73 of the 1990 Act is granted, a new planning permission is issued to sit alongside the original planning permission, which remains intact and un-amended. The decision notice for the grant of planning permission under Section 73 will set out the conditions related to it and should also repeat the relevant conditions from the original planning permission, unless they have already been discharged As an application under Section 73 of the 1990 Act effectively seeks a new planning permission, and as the whole wind farm is above the threshold set out for wind energy installations in Schedule 2 of the EIA Regulations, the proposal is considered to require an EIA to be undertaken and an Environmental Statement (ES) to be produced. Baseline Environment for Consideration in the EIA 4.14 There are only two years remaining of the existing planning permission. It is therefore understood that the baseline environment against which the Environmental Impact Assessment should be undertaken is the site with the turbines removed, but with all other elements, such as foundations, transformer housings and access tracks remaining in situ, on the basis that the existing planning condition does not include for the removal of these additional elements It may however be appropriate within certain environmental topics to consider the manner in which the existing wind farm has formed a part of the landscape of Kirkby Moor for the last 23 years. Project Description 4.16 RWE propose to extend the operation life of the existing wind farm. This would involve the existing 12 wind turbines remaining in situ and generating electricity for a further period of 8 years, 7 months and 5 days. Following this there would then be a period of 12 months to allow for an enhanced process of decommissioning and restoration works to take place The proposal would also include for the retention of the existing ancillary elements to the wind farm including the access tracks, transformers, underground cabling. The two temporary 80m meteorological masts which were erected at the site in 2013 are not to be retained as part of the proposal and indeed the first of these two masts has already been removed from the site The components of the wind farm include the following: 18

21 Wind Turbines 4.19 There are 12 existing wind turbines, each with an installed generating capacity of 400kW giving a combined installed generating capacity of 4.8MW The structures are a pale grey colour and are formed of a rotor connected to a central nacelle which is located at the top of a tubular steel tower. The rotor consists of three blades, the hub, the pitch bearings and drives to change the pitch angle of the blades. The rotor blades have an internal frame and are clad in glass fibre-reinforced plastic. Each rotor blade is controlled and driven independently of the other blades. The dimensions of each wind turbine are as follows: Height from ground level to centre of hub is 25m Height from ground level to the tip of the blade at its highest point is 42.4m Length of each blade is 16.8m Diameter of the rotor is 34.8m Diameter of the hub is 1.2m Turbine Foundations 4.21 Each turbine is supported by foundations which provide sufficient support to reduce dynamic amplification. The existing turbine foundations would not require any upgrades in order for the life extension proposals to take place. There would therefore be no disturbance to the ground at the base of the turbines as part of the proposal. Access Tracks 4.22 Existing access tracks run between each of the turbines to allow for continued access throughout the operation of the wind farm for maintenance and/or repair. These tracks would be retained and would continue to be maintained in an appropriate condition to allow for the safe movement of maintenance vehicles within the site, as they have been throughout the life of the wind farm to date. The tracks would not however require any upgrades in order for the life extension proposals to take place In accordance with the site s designations as Access Land and as Common the access tracks would also continue to be available for use by members of the public for recreational purposes. Grid Connection Elements 4.24 Electrical energy is generated by a wind turbine when movement of the air turns the blades creating kinetic energy, which in turn is converted to electrical energy in a generator in the nacelle of the turbine The electricity generated by each turbine is connected to the local electricity distribution network which for Kirkby Moor is the distribution network operated by Electricity North West. In order to connect each turbine to the distribution network it is necessary for each turbine to have a transformer which is in turn linked by underground cables to a control building/substation. From the control building/substation the 19

22 electricity is then transferred into the local electricity distribution network by overhead cables. These existing grid connection elements would be would be retained. 20

23 5 PLANNING POLICY CONTEXT Relevant Planning Policy and Guidance 5.1 This section summarises the current planning and renewable energy policies relevant to the life extension proposal. 5.2 The primary legislation governing the planning process is contained in the Town and Country Planning Act 1990 as amended by the Planning and Compensation Act 1991 and the Planning and Compulsory Purchase Act The Planning and Compulsory Purchase Act 2004 establishes a statutory purpose for planning, namely the achievement of sustainable development. The 2004 Act also provides the statutory basis for the plan-led system of development control. Section 38(6) states: If regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise. 5.3 The primacy of the development plan is reiterated in the National Planning Policy Framework ( NPPF ) 2012 which states at paragraph 14 that local authorities should: [approve] development proposals that accord with the development plan without delay. 5.4 In determining planning applications local planning authorities are required to have regard to the provisions of the development plan and to any other material considerations. In principle, any consideration which relates to the use and development of land is capable of being material. National Planning Policy and Guidance 5.5 Government statements of planning policy are material to decisions on individual planning applications. Where relevant, they must be taken into account when planning decisions are made. 5.6 The publication of the National Planning Policy Framework in March 2012 revoked numerous documents which had previously comprised national planning policy. It also (at footnote 17 to paragraph 97) states that National Policy Statements EN-1 and EN-3 should be applied by local authorities in the course of determining all applications for wind energy. Accordingly, the following national planning guidance documents are relevant to the application: The National Planning Policy Framework; EN-1 Overarching Energy National Policy Statement (2011); EN-3 Renewable Energy Infrastructure National Policy Statement (2011); and National Planning Policy Guidance Renewable and Low Carbon Energy (updated ) 21

24 5.7 Renewable Energy Infrastructure National Policy Statement EN-3 considers the lifetime of wind energy developments and states at paragraph that: Onshore wind turbines typically have a design life of 25 years, although this can vary, and can be decommissioned relatively easily and cheaply. Applicants may apply for consent for a specified period, based on the design life of the wind turbines. Such consent, where granted, is described as temporary because there is a finite period for which it exists, after which the project would cease to have consent and therefore must be decommissioned and removed. 5.8 Policy Statement EN-3 also notes at paragraph that A limit of 25 years is typical, although applicants may seek consent for differing time-periods for operation. The life extension of Kirkby Moor wind farm is therefore in line with the approach set out in EN-3. Written Ministerial Statement 18 th June A Written Ministerial Statement ( the WMS ) relating to local planning and wind energy developments was made by the Secretary of State for Communities and Local Government on 18 th June The WMS states that: When determining planning applications for wind energy development involving one or more wind turbines, local planning authorities should only grant planning permission if: The development site is in an area identified as suitable for wind energy development in a Local or Neighbourhood plan; and Following consultation, it can be demonstrated that the planning impacts identified by affected local community have been fully addressed and therefore the proposal has their backing The WMS confirms that whether a proposal has the backing of the affected local community is a planning judgement for the local planning authority. The WMS states that local planning authorities can find the proposal acceptable if, following consultation, they are satisfied that it has addressed the planning impacts identified by affected local communities and therefore has their backing (emphasis added). The WMS is explicit that, for the purposes of the test it introduces, a proposal should be considered to have the backing of affected local communities if, in the opinion of the Local Planning Authority, the application has addressed the planning impacts identified in representations from local communities. The WMS reflects the importance of identifying and considering planning impacts identified by affected local communities before a local planning authority makes a planning judgement on whether those planning impacts have been addressed The online Planning Practice Guidance was amended in accordance with this Written Ministerial Statement and the up to date version of Planning Practice Guidance will be considered in the preparation of the planning application and Environmental Statement for the Life Extension proposals. 22

25 The Development Plan 5.12 At the time of writing the Development Plan comprises the up-to-date and saved policies of the following documents: South Lakeland Local Plan Alterations The South Lakeland Local Plan was adopted in 1997, and the current Alterations version was adopted in The following policies of the Local Plan are currently saved by direction of the Secretary of State, have not been replaced by the adopted Core Strategy for the district and are of particular relevance to this proposal: Policy C7 Development affecting Sites of Special Scientific Interest Policy C26 Consideration of wind energy development proposals Policy C31 Assessing cumulative impact of renewable energy proposals South Lakeland Core Strategy The Core Strategy was adopted in October 2010 and is intended to set out the broad development strategy for South Lakeland outside the National Park areas between 2010 and The following policies are considered to be of particular relevance to this proposal: Policy CS1.1 Achieving sustainable development Policy CS7.7 Proposals for renewable energy generation Policy CS8.1 Development affecting green infrastructure Policy CS8.2 Environmental and landscape character types Policy CS8.4 Protecting biodiversity and geodiversity Policy CS8.10 General design requirements Emerging Local Plan 5.15 South Lakeland District Council is currently preparing a Development Management Policies Development Plan Document (DPD) for South Lakeland outside of the National Parks. This document will provide detailed policies that will be used in the determination of planning applications, and help manage and shape new development. On November 6 th 2015 an Issues and Options Discussion Paper was published, which was open to consultation up to 8 th January Responses to this document will be used to inform a draft set of policies, which it is expected will be consulted upon in RWE provided a response to the Discussion Paper which set out that the only approach which ensures that South Lakeland DC has an appropriate up-to-date wind energy policy would be to adopt a new policy and, if necessary, a new Supplementary Planning Document (SPD). The specific policy for onshore wind should address the WMS requirement that suitable areas for wind energy development will need to have been allocated clearly in the Local or Neighbourhood Plan, where the strong presumption should naturally be that the sites where wind energy planning permissions have been 23

26 granted have already been deemed to be suitable areas for such development and therefore should automatically be included as such. Supplementary Planning Guidance and Documents 5.17 The following local planning guidance is currently of relevance to renewable energy proposals in the South Lakeland authority area: Cumbria Wind Energy Supplementary Planning Document (SPD) Renewable Energy Documents 5.18 Reference shall be made to the following documents as material considerations: Meeting the Energy Challenge: A White Paper on Energy (May 2007); The Energy Act (2008); The Climate Change Act (2013); Renewable Energy Directive 2009/28/EC (2009); The UK Renewable Energy Strategy (July 2009); The UK Low Carbon Transition Plan National Strategy for Climate Change and Energy (July 2009); Annual Energy Statement (July 2014); The UK National Renewable Energy Action Plan (July 2010); Statutory Instrument (2011 No. 243) The Promotion of the Use of Energy from Renewable Sources Regulations 2011 (February 2011) Renewable Energy Road Map (November, 2013); Planning Our Electric Future: A White Paper for Securing Affordable and Low Carbon Electricity (July 2011); Toward a broad area for renewable energy development (2008); Northwest renewable and low carbon energy capacity and deployment (2010); The Fifth Carbon Budget The next step towards a low-carbon economy (2015). 24