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Planning Committee

Applications for Consideration

Date of Meeting: 23-Oct-2007

Time: 18:00

Location: Berwick High School, Adams Drive, Berwick-upon-Tweed

Application No.

06/B/0765

Full Planning Application

Proposal

Wind farm development comprising no more than 10 no turbines with associated infrastructure

Location

Wandylaw Farm, Chathill, NE675HG

Applicant

Nigel Goodhew, Ridgewind Ltd

Recommendation

Grant Permission subject to conditions &

Section 106

Reasons for Approval

1) The proposed wind farm development is located within the North / South Charlton ‘Wind Resource Area’ as identified in the Northumberland and National Park Joint Structure Plan and within the North / South Charlton broad area of least constraint for wind energy developments as identified in the emerging RSS (Proposed Changes). It therefore lies within a favoured area for wind farm development. The proposed development therefore accords in principle with Policy M5 of the Northumberland and National Park Joint Structure Plan and Policy 42 of the emerging Regional Spatial Strategy (Proposed Changes).

2) The proposed windfarm development has the potential to make a significant contribution to the region’s targets for the production of energy from renewable sources and in addition will provide local benefits in terms of locally generated electricity and local employment. In this respect therefore the development accords with the principles set out in PPS22 and with Policy EN2 of RPG1, Policy M5 of the Northumberland and National Park Joint Structure Plan and Policies 40 and 41 of the emerging Regional Spatial Strategy (Proposed Changes).

3) In the opinion of the Local Planning Authority the proposed windfarm development would not give rise to any unacceptable adverse impacts on residential amenity, in terms of visual impact, noise, shadow flicker, television / radio, telephone or radar reception or on tourism, highways safety or public rights of way or to any significant environmental effects in terms of landscape and visual impact and impacts on features of archaeological or ecological significance. The proposed development therefore accords with Policy EN3 of RPG1, Policy M4 of the Northumberland and National Park Joint Structure Plan, Policy C26 of the Berwick-upon-Tweed Local Plan and Policy 42 of the emerging Regional Spatial Strategy (Proposed Changes).

Conditions

1) The development hereby permitted shall be commenced within 3 years of the date of consent.

Reason: To comply with section 91 of the Town and County Planning Act 1990 (as amended).

2) The development hereby permitted shall be carried out in full accordance with the approved plans and documentation submitted as part of the planning application, unless otherwise first agreed in writing by the local planning authority. Mitigation measures proposed within the Environmental Statement shall be implemented before any of the turbines are made operational, unless otherwise subsequently agreed by the local planning authority.

Reason: For the avoidance of doubt and in order to ensure an acceptable form of development, in accordance with Local Plan Policy F1.

3) By the end of 25 years from the first generation of electricity to the grid from all the development all surface elements of the development shall have been removed from the site in accordance with a scheme which shall be approved in writing by and submitted to the Planning Authority for approval not later than 18 months prior to the expiry of the said period of 25 years (when the permission shall expire).

Reason: For the avoidance of doubt and to establish the duration of the planning permission, in accordance with Structure Plan Policy M4 and Local Plan Policy C26.

4) The local planning authority shall be notified of any wind turbine hereby permitted that fails to produce electricity for supply to the electricity grid for a continuous period of 12 months and, if so instructed by the local planning authority, the wind turbine and its associated ancillary equipment shall be removed from the site within a period of 6 months from the end of that 12 month period.

Reason: In the interests of visual amenity and to ensure that the turbines produce electricity whilst in situ and that they are removed from the land if they cease to function, in accordance with Structure Plan Policy M4 and Local Plan Policy C26.

5) In the event that a wind turbine and its associated ancillary equipment are removed in accordance with condition 3 above the land shall be reinstated in accordance with a scheme submitted to and approved by the local planning authority such scheme to include management and timing of the works and a traffic management plan.

Reason: To ensure that that land is reinstated in an acceptable manner in the interests of visual amenity and highway safety and within a defined period, in accordance with Structure Plan Policy M4 and Local Plan Policy C26.

6) Development shall not be begun until a construction traffic management method statement has been submitted to and approved by the local planning authority. The construction traffic management method statement shall include construction vehicle routing, the management of junctions to and crossings of the public highway and other public rights of way, schedule and timing of movements, details of escorts for abnormal loads, temporary warning signing, banksman/escort details and proposed mitigation measures where required along the route and shall be carried out as approved.

Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way and to accord with Local Plan Policy M4.

7) Prior to the commencement of development a Construction Method Statement shall be submitted to and approved by the local planning authority in writing and thereafter the construction of the development shall only be carried out in accordance with the approved Statement. The Construction Method Statement shall address the following matters:
1 Public road works (widening of the County road U2047, junction improvements (including visibility splays) to the County road U2047/ A1 junction, entrance works (from the County road U2047 to the new access road), boundary fencing and gates, temporary removal/relocation of street furniture). All public road works shall be completed prior to the commencement of development,
2 Site tracks,
3 Construction and storage compounds (including areas designated for car parking)
4 Siting and details of wheel washing facilities
5 Crane pads
6 Cable trenches
7 Foundation works
8 Substation and control buildings
9 Anemometry masts
10 Dust management
11 Cleaning of site entrances, site tracks and the adjacent public highway
12 Pollution control:
Water courses and ground water
Subsoil
Bunding of fuel storage areas
Sewage
13 Disposal of surplus materials
14 Post construction restoration/reinstatement of the working areas, including approval of seed mixture.

Reason: To protect highway safety, residential and visual amenity and protection of the environment and to accord with Local Plan Policy M4.

8) Where access tracks run alongside existing public rights of way, robust fencing (details of which shall be first submitted to and approved in writing by the local planning authority) shall be erected to separate the two and maintained throughout the lifetime of the wind farm. Where access tracks cross existing rights of way the crossing will be made at right angles, details of which shall be first submitted to and approved in writing by the local planning authority. Appropriate warning signs (details of which shall be first submitted to and approved in writing by the local planning authority) shall be erected along the public rights of way advising that caution be taken during the construction works and shall be maintained throughout he construction period.

Reason: In order to protect users of the public rights of way and to accord with Local Plan Policy C26.

9) The hours of operation of the construction phase of the development and any traffic movements to or from the site associated with the construction of the development hereby permitted shall normally be limited to 0730 hours to 1730 hours on weekdays and 0730 hours to 1300 hours on Saturdays and no work shall take place on Sundays or Bank Holidays or as otherwise previously agreed in writing by the local planning authority except that emergency works may be carried out at any time provided that the developer retrospectively notifies the local planning authority of the emergency works.

Reason: In the interests of amenity to restrict noise impact and the protection of the local environment and to accord with Structure Plan Policy M4 and Local Plan Policy C26.

10) Notwithstanding the provisions of condition 9, delivery of turbine and crane components may take place outside the hours specified subject to not less that 24 hours prior notice of such traffic movements being given to the local planning authority and the revised arrangements first being agreed to in writing by the Local planning authority.

Reason: In the interests of highway safety and the free flow of traffic and to accord with Local Plan Policy M4.

11) Prior to commencement of development details of the wind turbine design, specification and colour shall be submitted to and approved in writing by the local planning authority. Only the approved wind turbines shall be installed upon the development site.

Reason: For the avoidance of doubt and in the interests of visual amenity and to accord with Structure Plan Policy M4 and Local Plan Policy C26.

12) Notwithstanding the provisions of condition 11, the wind turbines shall be of a semi-matt finish and shall not display any prominent name, sign, symbol or logo on any external surfaces.

Reason: In the interests of visual amenity and to accord with Structure Plan Policy M4 and Local Plan Policy 26.

13) All wind turbine blades shall rotate in the same direction.

Reason: In the interests of visual amenity and to accord with Structure Plan Policy M4 and Local Plan Policy C26.

14) The applicant / operator shall nominate a representative, to act as a point of contact for local residents. This representative shall have responsibility for dealing with any noise complaints made during the construction, operation and decommissioning of the Development and for liaison with the local Environmental Health Unit. The nominated representative’s contact details shall be submitted to and approved in writing by the Local Planning Authority, prior to commencement of the Development.

Reason: In the interests of nearby residential amenity to restrict noise impact and to accord with Structure Plan Policy M4 and Local Plan Policy C26.

15) At the reasonable request of and following a complaint to the Local Planning Authority the operator of the development shall measure and assess at its expense the level of noise emissions from the wind turbine generators following the procedures described in the document 'The Assessment and Rating of Noise from Wind Farms, ETSU R 97' published by ETSU for the Department of Trade and Industry.
The level of noise emissions in dB LA90,10min from the combined effects of the wind turbine generators on the Wind Farm when corrected for the presence of any audible tonal components shall not exceed at any dwelling lawfully existing at the time of this consent:
During the night-time hours (2300hrs to 0700hrs):

 

[1]Wind Speed (m/s)

Location

3

4

5

6

7

8

9

10

11

12

Wandylaw Cottages for wind directions from 162º to 317º [2]

40

40

40

40

40

42

44

46

48

50

Wandylaw Cottages [3]

43

43

43

43

43

44

47

49

51

53

Haughterslaw for wind directions from -308º to 113º [2]

41

41

41

41

41

41

42

45

48

50

Haughterslaw [3]

43

43

43

43

43

43

44

47

50

52

Commonflat

43

43

43

44

48

52

56

58

60

60

Clatteringhouses

43

43

43

44

48

52

56

58

60

60

At all other times:

 

[1]Wind Speed (m/s)

Location

3

4

5

6

7

8

9

10

11

12

Wandylaw Cottages for wind directions from 162º to 317º [2]

37

37

37

38

40

42

44

46

48

50

Wandylaw Cottages [3]

40

40

40

41

43

45

47

49

51

53

Haughterslaw for wind directions from -308º to 113º [2]

38

38

38

38

38

39

42

45

48

50

Haughterslaw [3]

40

40

40

40

40

41

44

47

50

52

Commonflat

40

40

42

45

48

51

54

57

59

61

Clatteringhouses

40

40

42

45

48

51

54

57

59

61

[1] Wind speeds shall be those calculated at 10m height
[2] To apply to control cumulative noise emission levels subject to the operation of the adjacent Middlemoor Wind Farm site.
[3] To apply under all other circumstances.

Note:
If measurements made in accordance with this condition indicate that the reduced noise limits specified in [2] are being met but that cumulative noise levels from the combined effect of Middlemoor Wind farm and Wandylaw Wind Farm exceed the limits defined for each location in [3] then the reduced noise limits given in [2] shall be replaced by those given in [3] minus 3dB(A).

Noise limits shall be applied to all other dwellings lawfully existing at the time of this consent derived from those given in the tables above for a dwelling having the most comparable pre-established background noise levels of those nearest to the dwelling in question. The choice of limits applicable to other dwellings shall be submitted to and approved in writing by the Local Planning Authority should complaints be received from dwellings not named in the above tables.

The wind farm operator shall log wind speed and wind direction data at a grid reference to be approved by the Local Planning Authority to enable compliance with this condition to be monitored. This wind data shall include the wind speed in metres per second and the wind direction in degrees from north for each 10 minute period relating to 10 m height above ground level. Operational status data shall be provided which indicates for each 10 minute period which wind turbines were operating normally by a method whose details shall be provided to the Local Planning Authority. Data shall be provided as comma separated text in electronic format commencing on the hour and in 10 minute increments thereafter. Wind speeds and directions shall be obtained from a hub height meteorology mast and the data supplemented by values of the 10m height wind speeds calculated from those measured at hub height assuming a reference roughness of 0.05m. Details of the calculation method shall also be provided to the Local Planning Authority.

Reason: In the interests of protecting nearby residential amenity, to restrict noise impact and enable compliance with the noise limits to be monitored by the Local Planning Authority and to accord with Structure Plan Policy M4 and Local Plan Policy C26.

16) The applicant shall submit a noise monitoring programme to cover the operation of the Development to verify that the noise criteria in condition 15 are being met. This programme shall specify the locations from which noise will be measured, the frequency of monitoring, the equipment details and the sampling techniques/ methodology. The results of any monitoring carried out in accordance with the programme, shall be made available to the Local Planning Authority immediately following its completion. Should the results indicate that further monitoring or a revision of the programme is required, the applicant shall undertake to carry this out. The required noise monitoring programme details shall be submitted to and approved in writing by, the Local Planning Authority, prior to commencement of the Development.

Reason: In the interests of nearby residential amenity to restrict noise impact and to accord with Structure Plan Policy M4 and Local Plan Policy C26.

17) No development shall commence until a scheme of providing double glazing to the windows of the residential property, Haughterslaw has been submitted to and approved in writing by the Local Planning Authority. The scheme, as approved, shall be implemented in full before any of the turbines are made operational.

Reason: In the interests of the residential amenities of the occupiers of the residential property, Haughterslaw, and to accord with Structure Plan Policy M4 and Local Plan Policy C26.

18) No development shall commence until a scheme for the assessment and where necessary the remediation of any shadow flicker effect for dwellings within 10 rotor diameters of any turbine in the development has been submitted in writing to and approved by the Local Planning Authority. The approved scheme shall be implemented before any of the turbines are made operational. If at any time after the turbines are operational the local planning authority on receipt of a complaint, has reasonable cause to request that remediation of shadow flicker be implemented the operator shall comply with this request to the satisfaction of the Local Planning Authority.

Reason: In the interests of nearby residential amenity to restrict the impact of shadow flicker and to accord with Structure Plan Policy M4 and Local Plan Policy C26.

19) Prior to the commencement of development a scheme to minimise disturbance to nesting birds during the construction period shall be submitted for the consideration and approval by the Local Planning Authority and shall be implemented as approved. The scheme shall include proposals for pre-construction surveys to be undertaken to identify whether Schedule 1 species are present within 500m of any works scheduled for the breeding season (March – July inclusive).

Reason: To protect breeding birds and to accord with Structure Plan Policies N4 and M4 and Local Plan Policies F9, F10 and C26.

20) A Habitat Management Plan to enhance the biodiversity of the site shall be submitted for the consideration and approval by the Local Planning Authority and shall be implemented as approved prior to any of the turbines becoming operational.

Reason: In order to enhance the biodiversity of the site and to mitigation for the habitat losses noted in the Environmental Statement and to accord with Structure Plan Policies N4 and M4 and Local Plan Policies F9, F10 and C26.

21) Prior to the commencement of the development a scheme for post construction ornithological surveys shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme, which shall extend for a period not exceeding three years from the start of electricity generation and shall be in line with Post construction monitoring outlined in the environmental statement, will be implemented as approved.

Reason: To protect habitats and species of principal importance and to accord with Structure Plan Policies N4 and M4 and Local Plan Policies F9, F10 and C26.

22) No development shall take place on site until a scheme to secure the investigation and alleviation of any electro-magnetic interference to terrestrial TV caused by the operation of the turbines has been submitted to and approved by the local planning authority. The approved scheme shall be implemented within 12 months of the development being first connected to the electricity grid.

Reason: In order to protect the terrestrial TV reception in the local area and to accord with Structure Plan Policy M4 and Local Plan Policy C26.

23) Notwithstanding the position of Turbine T4, associated crane pad location and the adjacent access track shown on the drawings originally submitted with the planning application, the turbine, crane pad position and the access track in the vicinity of the turbine shall be re-sited and the identified cairns 20 and 35 shall be provided with a 6m radius protective buffer in complete accordance with the details received by e-mail dated 6th July 2007 from Cambrian Archaeological Projects, unless otherwise first agreed in writing by the local planning authority.

Reason: In order to protect features of archaeological interest in the vicinity of turbine T4 and to accord with PPG16, Structure Plan Policy M4 and Local Plan Policy C26.

24) No development shall take place until a written scheme of investigation for a detailed archaeological walkover survey has been approved by the local planning authority, as defined in the brief dated 03/05/07. Following the completion of the walkover survey, any identified archaeological sites and earthworks of sufficient importance to justify their preservation in situ should be avoided by the development. The Conservation Team will identify any monuments requiring this form of mitigation following the submission of the walkover survey data. Identified monuments should then be protected by robust and prominent fencing in line with Condition 21 (below). The approved scheme of investigation shall be implemented subject to any variations agreed in writing by the local planning authority.

Reason: The site is of archaeological interest and to accord with PPG16 Structure Plan Policies HC4 and M4 and Local Plan Policies F27, F28 and C26.

25) No development shall take place until an appropriate scheme of fencing has been agreed. The agreed fencing scheme must be sufficiently robust to both define and protect identified and agreed archaeological monuments from damage during the construction process. The approved scheme of fencing shall be implemented subject to any variations agreed in writing by the local planning authority.

Reason: To ensure that archaeological monuments are not damaged during the construction process and to accord with PPG16, Structure Plan Policy M4 and Local Plan Policy C26.

26) No development shall take place until a written scheme of investigation for a programme of archaeological mitigation work, including a programme of topographic survey, archaeological excavation and monitoring, has been approved by the local planning authority, as defined in the brief dated 03/05/07. The approved scheme of investigation shall be implemented subject to any variations agreed in writing by the local planning authority

Reason: The site is of archaeological interest and to accord with PPG16, Structure Plan Policies HC4 and M4 and Local Plan Policy C26.

27) No development shall take place until precise details of micrositing of wind turbines T6 and T10 to avoid microwave links have been submitted to and approved in writing by the local planning authority. The development shall be implemented in accordance with the approved details.

Reason: To protect existing microwave links and to accord with Structure Plan Policy M4 and Local Plan Policy C26.

28) In the event that T-Mobile (or successors of the network) can reasonably demonstrate that performance problems solely and directly caused by the interference of the wind farm at Wandylaw are encountered with the ’-Mobile radio link’ either during the construction or upon completion of the wind farm development, the developer or subsequent owner of the development shall reimburse T-Mobile (or successor) the proper and reasonable initial and on-going cost of mitigation of these problems including, if necessary because no less expensive, variable option is available, costs as appropriate of re-routing of the effected radio link network or replacement with leased line services as is found reasonably necessary by T-Mobile (or successor) to maintain the same level of service existing prior to the disturbance caused by the wind farm. The parties will, if required, enter into a mitigation agreement on terms reasonably acceptable to both parties based on the agreement referred to above.

Reason: To protect the existing T-Mobile radio link and to accord with Structure Plan Policy M4 and Local Plan Policy C26.

29) Surface water drainage shall be directed to a soakaway system designed and constructed in accordance with BS 8301: 1985 (Section 8.4), details of which shall be submitted for the consideration and approval of the local planning authority. The approved scheme shall be so implemented prior to the first operation of any of the turbines.

Reason: To ensure the satisfactory provision of drainage facilities to serve the proposed development and to accord with Structure Plan Policy M4 and Local Plan Policy C26.

Informative(s)

1) All works of breaking up, opening or boring under any land and all works of erection, construction, engineering construction or demolition, associated with the commissioning or decommissioning of the wind farm should be subject to an application under section 61 of the Control of Pollution Act 1974, in the interests of nearby residential amenity to restrict noise impact.

2) The applicant will be required to enter into Agreements with Northumberland County Council pursuant to Sections 59 and 278 of the Highways Act 1980 relating to extra-ordinary traffic along the highway, together with securing improvement works to accommodate the larger delivery vehicles along the designated delivery route(s).

3) A pre-start meeting will be required between the applicant and a representative of Northumberland County Council, as Highway Authority, to carry out a condition survey of the delivery route. This survey must be undertaken before any operational/delivery/excavation works have taken place on site.

4) If Northumberland County Council, as Highway Authority do not design and implement the S.278 works on behalf of the applicant, the Developer will be expected to fund Technical Evaluation of any submitted drawings, Stage 1-3 Safety Audit and all on-site supervisory costs.

1. Recommendation

1.1 GRANT PERMISSION for the following reasons and subject to:

1. the planning conditions set out above and

2. the completion of a satisfactory S106 agreement in respect of the establishment of a community benefit fund in accordance with the adopted Northumberland protocol for Community Benefits from Wind Farm Developments.

Reasons for approval

1. The proposed wind farm development is located within the North / South Charlton ‘Wind Resource Area’ as identified in the Northumberland and National Park Joint Structure Plan and within the North / South Charlton broad area of least constraint for wind energy developments as identified in the emerging RSS (Proposed Changes). It therefore lies within a favoured area for wind farm development. The proposed development therefore accords in principle with Policy M5 of the Northumberland and National Park Joint Structure Plan and Policy 42 of the emerging Regional Spatial Strategy (Proposed Changes).

2. The proposed windfarm development has the potential to make a significant contribution to the region’s targets for the production of energy from renewable sources and in addition will provide local benefits in terms of locally generated electricity and local employment. In this respect therefore the development accords with the principles set out in PPS22 and with Policy EN2 of RPG1, Policy M5 of the Northumberland and National Park Joint Structure Plan and Policies 40 and 41 of the emerging Regional Spatial Strategy (Proposed Changes).

3. In the opinion of the Local Planning Authority the proposed windfarm development would not give rise to any unacceptable adverse impacts on residential amenity, in terms of visual impact, noise, shadow flicker, television / radio, telephone or radar reception or on tourism, highways safety or public rights of way or to any significant environmental effects in terms of landscape and visual impact and impacts on features of archaeological or ecological significance. The proposed development therefore accords with Policy EN3 of RPG1, Policy M4 of the Northumberland and National Park Joint Structure Plan, Policy C26 of the Berwick-upon-Tweed Local Plan and Policy 42 of the emerging Regional Spatial Strategy (Proposed Changes).

2. Site Description

2.1 The application site, forming part of Wandylaw Moor, is located approximately 1.5km west of the A1 trunk road, some 12 km to the north west of the market town of Alnwick and 3km to the west of the village of Ellingham. The hamlet of Wandylaw lies 1km to the east of the site. The boundary with Alnwick District lies to the immediate south of the site.

2.2 The site extends to approximately 1.9 hectares (being tightly defined around the bases of the wind turbines, associated structures and the access tracks thereto).

2.3 The landscape of the area is characterised by rugged heather moorland interspersed by conifer plantations, although improved pasture is found towards the eastern edge of the application site. Land within the application site boundaries is typified by a rolling terrain and is mainly in agricultural use (primarily sheep grazing) with some relatively small areas of conifer plantation. The land where the turbines are proposed takes the form of a bowl, with land rising away to the edges in all directions. There are no residential properties within the site although they are found neighbouring the site boundaries at Wandylaw, North Charlton and Haughterslaw.

2.4 The site lies within the Kyloe Hills and Glendale Area of High Landscape Value as defined in the Berwick-upon-Tweed Local Plan, 1999.

3. Proposal

3.1 The proposed scheme is for the development of a wind farm comprising no more than 10 wind turbines of a maximum height of 125m, with a total installed capacity of 20 to 30 Megawatts (MW) electrical output. In association with the wind turbines, the application also includes:

• an 80m high power performance anemometer mast (two site options provided);

• a control building; access roads;

• a new length of bridleway;

• modifications to the junction of the access road with the A1;

• underground power and control cables; and

• temporary components such as a wheel wash and construction facilities.

3.2 The wind turbines are proposed as a three-bladed design with a maximum overall height of 125m, comprising a cylindrical tower surmounted by the nacelle with a height of 80m and rotor radius of 45m. Each turbine would have a generating capacity of between 2 and 3MW dependent on the turbine model selected (as is normal with wind farm proposals, the particular model of wind turbine has not yet been finalised). In common with the industry norm, the wind farm has been designed with an operational life of 25 years. At the end of this period the site will be either decommissioned and all apparatus removed, or planning permission will be sought to replace the existing equipment.

3.3 Approximately 6,800m of new access roads are proposed, mostly single track of 5m width. The access roads have been routed adjacent to and parallel with existing forestry boundaries wherever possible in order to minimise visual impact. Similarly, the control building (some 30m x 10m and designed to be in keeping with typical agricultural buildings) is proposed to the immediate west of a forestry plantation situated approximately 900m south west of Wandylaw hamlet. Approximately 5.3km of power and control cabling, all underground, is proposed between the turbines and the control building.

3.4 The planning application is accompanied by a supporting Planning Appraisal, an Environmental Statement, which includes photomontages indicating computer generated views of the site with the turbines erected from various vantage points around the site, a Non-Technical Summary; an archaeological evaluation and a cumulative noise assessment.

3.5 The Environmental Statement was audited on behalf of the Council by the environmental consultancy, Scott Wilson. As part of the commission Scott Wilson undertook a review of the landscape and visual assessment work submitted as part of the Environmental Statement. Reference to the comments and conclusions of the Scott Wilson audit report will be made in the Officer Observations section of this report. It should be noted at this point, however, that whilst the Scott Wilson Report makes certain recommendations regarding further details that it suggests could be provided, it does not state that the ES fails to provide adequate information such that the Council has insufficient knowledge on which to base a fully considered decision. Moreover, it makes no recommendation to the Council to issue a request for further information under Regulation 19 of the Environmental Impact Assessment Regulations.

3.6 Following a full consideration of the material provided in the Environmental Statement, the comments of Scott Wilson in their audit report and the response (by way of clarification of issues raised by Scott Wilson) and additional photomontages subsequently received from the applicant, it is considered that there is full and sufficient knowledge of the proposals to enable the Borough Council, acting in its capacity as Local Planning Authority, to assess the likely significant environmental effects of the development and to take them into consideration before determining whether to grant planning permission.

4. Background/History

4.1 There is no planning history to the site that is relevant to the consideration of this application.

5. Policy Considerations

5.1 When determining any application for renewable energy, appropriate weight must be given to any relevant national policy, development plan policy and informal planning guidance. In particular, as set out in Section 38 of the Planning & Compulsory Purchase Act 2004, the application must be determined in accordance with any relevant development plan unless material considerations indicate otherwise.

National Guidance

5.2 The following National Planning Policy documents are relevant to the consideration of this application:

• PPS1: Delivering Sustainable Development (2005)

• PPS7: Sustainable Development in Rural Areas (2004)

• PPS9: Biodiversity and Geological Conservation (2005)

• PPG15: Planning and the Historic Environment (1994)

• PPG16: Archaeology and Planning (1990)

• PPS22: Renewable Energy (2004).

• Planning for Renewable Energy – A Companion Guide to PPS22

• PPS23: Planning and Pollution Control (2004)

• PPG24: Planning and Noise (1994)

5.3 The following extracts from these documents are considered to be particularly relevant:

5.4 PPS1 sets out the Government’s approach to achieving more sustainable forms of development and encourages more prudent use of natural resources and promotes energy generation from renewable resources. Paragraph 22 advises that “Development Plan policies … should seek to promote and encourage, rather than restrict, the use of renewable resources (for example, by the development of renewable energy).”

5.5 PPS7 sets out the Government’s approach to sustainable development in rural areas. Specific encouragement that renewable energy resources be harnessed is given at paragraph 16 which indicates that “when determining planning applications for development in the countryside, local planning authorities should … provide for the sensitive exploitation of renewable energy resources in accordance with policies set out in PPS22.”

5.6 PPS9 refers to the Government’s approach to biodiversity and geological conservation, the broad objectives being to promote sustainable development; conserve, enhance and restore the diversity of England’s wildlife and geology; and, contribute to rural renewal and urban renaissance. Paragraph 1 is relevant to the determination of planning applications and advises that “the aim of planning decisions should be to prevent harm to biodiversity and geological conservation interests” … although only if “significant harm cannot be prevented, adequately mitigated against, or compensated for, then should planning permission be refused.”

5.7 PPG15 provides guidance for the protection of historic buildings, conservation areas and other elements of the historic environment. The protection of Scheduled Ancient Monuments and Listed Buildings and their settings is acknowledged to be an important consideration in the determination of planning applications. Indeed paragraph 2.2.6 states: “plans should protect its most important components and encourage development that is consistent with maintaining its overall character. Indeed, policies to strengthen the rural economy through environmentally sensitive diversification may be among the most important for its conservation.” Paragraph 1.2 acknowledges that this is just one of the many objectives that need to be balanced when considering development proposals, however when it states” the objective of planning processes should be to reconcile the need for economic growth with the need to protect the natural and historic environment”.

5.8 PPG16 provides guidance with regards to the management of archaeological remains.

5.9 PPS22 and its Companion Guide set out the Government’s approach to renewable energy. PPS22 is therefore the key national policy document to be taken into account in the consideration of the wind farm developments. It represents the Government’s most recent guidance on renewable energy. PPS22 provides considerable support to the greater harnessing of renewable energy resources, particularly wind energy, indicating that it is vital to facilitating the delivery of the Government’s commitments on both climate change and renewable energy. The key principles set out in PPS22 are:

• “Renewable energy developments should be capable of being accommodated throughout England in locations where the technology is viable and the environmental, economic and social impacts can be addressed satisfactorily.

• The wider environmental and economic benefits of all proposals for renewable energy projects, whatever their scale, are material considerations that should be given significant weight in determining whether proposals should be granted planning permission. [Officer’s emphasis]

• Regional planning bodies and local planning authorities should not make assumptions about the technical and commercial viability of renewable energy projects.

• Development proposals should demonstrate any environmental, economic and social benefits as well as how any environmental, economic or social impacts have been minimised through careful consideration of location, scale, design and other measures.” (para 1).

5.10 In addition the PPS22 Companion Guide states that if Government’s targets are to be met, policy support for renewable energy schemes will need to be backed up by development control decisions (para 5.1).

5.11 The need to balance well-established objectives of protecting environmental and historical interests with the need for new renewable energy projects is reflected by guidance throughout PPS22. The Companion Guide states that local planning authorities should recognise that the landscape and visual effects will only be one consideration to be taken into account in assessing planning applications, and that these must be considered alongside the wider environmental, economic and social benefits that arise from renewable energy projects (para 5.4).

5.12 PPS22 advises that regional planning bodies and local planning authorities should not create “buffer zones” around international or nationally designated areas and apply policies to these zones that prevent development of renewable energy projects (para 14). The guidance also states that local landscape and local nature conservation designations should not be used in themselves to refuse planning permission for renewable energy developments (para 15).

5.13 In respect of noise impacts PPS22 acknowledges that renewable technologies may generate small increases in noise levels and advises that local planning authorities should ensure that renewable energy developments have been located and designed in such a way to minimise increases in ambient noise levels. (para 22). In the case of wind energy developments, PPS22 recommends the use of ETSU-R-97: The Assessment and Rating of Noise from Wind Farms, prepared by the Noise Working Group on behalf of Central Government.

5.14 PPS23 provides guidance on the consideration of the quality of land, air and water and the potential impacts arising from development.

5.15 PPG24 sets out the Government’s general approach to potential noise impacts of proposed development proposals. The guidance note confirms that the impact of noise can be a material consideration in the determination of planning applications and advises that the planning system has the task of guiding development to the most appropriate locations (para 2). It goes onto state that: “Much of the development which is necessary for the creation of jobs and the construction and improvement of essential infrastructure will generate noise. The planning system should not place unjustifiable obstacles in the way of such development. Nevertheless, local planning authorities must ensure that development does not cause an unacceptable degree of disturbance. …” (para 10).

5.16 PPG24 acknowledges that “a number of measures can be introduced to control the source of, or limit exposure to, noise” but that “such measures should be proportionate and reasonable …”. Amongst the measures identified are: “limiting operating time of source; restricting activities allowed on the site; and, specifying an acceptable noise limit”, all of which can be controlled through restrictive planning conditions (para 13). The use of appropriate noise conditions is discussed in paragraphs 15-19.

Development Plan policies

5.17 The adopted Development Plan for the area comprises the current Regional Spatial Strategy (RSS) in the form of Regional Planning Guidance for the North East (RPG1) (2002), the Northumberland County and National Park Joint Structure Plan (2005) and the Berwick-upon Tweed Local Plan (1999). The emerging replacement Regional Spatial Strategy is at an advanced stage and should therefore be accorded appropriate weight in the consideration of this application.

Regional Planning Guidance for the North East, 2002 (RPG1)

5.18 The current Regional Spatial Strategy (RSS), in the form of Regional Planning Guidance for the North East (RPG1) (2002), sets out broad strategic planning policies aimed primarily to inform the preparation of Local Development Plans and Structure Plans. The Minerals, Waste and Energy chapter of RPG1 includes some particularly material sections with reference to renewable energy and wind power generation:

• Paragraph 6.46 refers to the Government target that 10% of UK electricity be supplied from renewable energy sources by 2010, increasing to 20% by 2020 and which, it is acknowledged, will require a positive strategic approach.

• Paragraph 6.47 acknowledges wind energy to be the major resource option.

• Paragraph 6.48 refers to the preparation of a North East Regional Renewable Energy Strategy that will identify Strategic Wind Resource Areas (where wind generation scheme would be encouraged) and inform an early review of RPG1.

• Paragraph 6.49 acknowledges that much of the region is covered by national landscape designations, which acts as a significant constraint, but notes that significant lowland and coastal locations, which benefit from the favourable wind regimes, are unaffected by such designations and should therefore be considered as potential locations.

5.19 Policy EN2 supports the identification of strategic wind resource areas through development plans where major wind energy development would be given positive consideration in principle. In assessing renewable energy applications, RPG1 Policy EN3 sets out the broad issues which should be addressed in development plan policies. These include:

• the impact of the development on sensitive habitats;

• proximity to suitable grid connection point;

• appropriateness of the location in relation to the local and wider landscapes;

• operational effects such as air quality, noise, visual intrusion, odour and water pollution; and,

• opportunities for environmental enhancements through the improvement of degraded landscapes.

5.20 The North East of England Regional Renewable Energy Strategy was published in 2003. This document identified the area “set in from the coast, west and east of the A1, and north of Alnwick” as being appropriate for small or medium scale wind farms, if MOD radar constraints can be overcome”.

Emerging Regional Spatial Strategy (RSS)

5.21 The Submission Draft of the emerging RSS was published in June 2005 and taken through the Examination in Public (EIP) Stage in Spring 2006, with the resultant Panel Report being published in July 2006. The Secretary of State published Proposed Changes to the Submission Draft RSS for consultation in May 2007. The Proposed Changes constitute the most recent iteration of RSS and therefore should be afforded appropriate weight.

5.22 Policy 40 of the RSS Proposed Changes indicates that at least 10% (454MW minimum installed capacity) of the region’s electricity should be supplied from renewable resources and that 212MW of this should be generated within Northumberland. By 2020, the aim should be to generate 20% of regional electricity consumption.

5.23 Policy 41 of the RSS Proposed Changes states that strategies, plans and programmes should support and encourage renewable energy proposals. The policy sets out a list of criteria against which all proposals for renewable energy should be assessed and states that in assessing proposals for renewable energy development significant weight should be given to the wider environmental, economic and social benefits arising from higher levels of renewable energy.

5.24 Policy 42 of the RSS Proposed Changes indicates that strategies, plans and programmes should provide a positive policy framework to facilitate onshore wind developments within the area of North/South Charlton, which is identified to be a broad area of least constraint for wind energy developments appropriate for medium scale development. Medium scale wind energy development is defined as being broadly up to 20-25 turbines.

5.25 Prior to the publication of the Proposed Changes, the RSS Panel Report accepted the targets referred to in Policy 40 and confirmed that the area of North/South Charlton be accepted as a broad area of least constraint to which wind energy development(s) should be directed. The Panel Report confirmed the scale indication of medium scale wind energy to refer to the overall area and not to individual proposals. It concluded that for the areas identified, including North/South Charlton, the potential exists for small to medium scale developments. Furthermore, reference was made to the future contribution of landscape capacity analysis studies to assess cumulative impact and refine the acceptable scale of wind development(s) within the area.

5.26 The RSS Proposed Changes introduces an additional paragraph (para 3.172) relating to onshore wind energy development. This confirms that within RSS medium scale wind energy development is broadly defined as up to 20-25 turbines with small scale up to 5 turbines and makes reference to the landscape studies being progressed by the North East Assembly to assess the potential for wind farms within a number of broad areas.

Northumberland County and National Park Joint Structure Plan, 2005

5.27 The following policies set out in the Northumberland County and National Park Joint Structure Plan (2005) are considered relevant to the determination of this application. These policies are currently saved until February 2008.

L2 Presumption against development that would adversely affect the Northumberland Coast Area of Outstanding Natural Beauty.

N1 Advises that sites designated for their importance for nature at international, national, regional and local level, will be conserved and enhanced in accordance with their status (i.e. a hierarchical approach to the protection of nature conservation sites). Mitigation of the effects of development will be fully considered.

N3 Presumption against development that would adversely affect identified landscape features that are of major importance for wild fauna and flora.

N4 Encouragement for the protection and management of habitats and species identified in the UK and Northumberland Biodiversity Action Plans.

HC4 Archaeological assessments required when the impact of proposed development upon an archaeological site is unclear.

HC6 Presumption in favour of the preservation of listed buildings and their settings.

M2 Major developments will only be permitted where the benefits clearly outweigh any potential environmental damage. Developers will be required to demonstrate that their proposals include measures to minimise their impact on the environment. All proposals will be assessed against the following:

a) impact on landscape character, visual amenity and areas of heritage and nature conservation interest;

b) the impact of emissions, including noise, to air, land and water;

c) the impact on the local community;

d) the impact on the local economy;

e) the impact on the transport network;

f) the effect on agriculture in relation to land quality, farm structure and fixed assets;

g) cumulative impact of proposals on the local environment and community; and,

h) further criteria for the assessment of major developments contained in Local Plans.

M4 Support and encouragement of major developments for the generation of electricity from renewable resources, except in the National Park, AONB’s, the Heritage Coast, Hadrian’s Wall World Heritage site and sites of national and international importance for nature conservation. Proposals will be assessed taking account of their implications for the interests listed below and to the effect of any mitigation measures proposed:

a) landscape character and capacity;

b) visual amenity;

c) archaeological and built heritage;

d) nature conservation interest;

e) living conditions nearby, including from noise and other emissions;

f) the local economy;

g) accessibility by road and public transport;

h) the disposal of waste;

i) agriculture and other land based industries;

j) any cumulative impact with other similar development;

k) the economic, social and environmental benefits of the development beyond the local area; and

l) any other material considerations identified in Local Plans and Supplementary Planning Guidance.

M5 Identifies the area of North / South Charlton as a “Wind Resource Area” with the potential for medium scale wind energy development.

Berwick-upon-Tweed Local Plan, 1999

5.28 The following policies set out in the Berwick upon Tweed Local Plan (1999) are relevant to the determination of this application. These policies have been saved beyond 27 September 2007 pending the adoption of the LDF Core Strategy (March 2009) and other Development Plan Documents (October 2011)

F1 Places prime importance upon sustaining and enhancing the Borough’s environmental wealth.

F3 Refers to the Kyloe Hills and Glendale Area of High Landscape Value [within which the wind farm site is located].

F7 Presumption in favour of conserving existing and proposed National Nature Reserves and SSSI’s.

F9 A generic nature conservation policy that seeks to offer protection to sites and/or habitats that are not covered by formal designations.

F10 Presumption against development that would adversely affect any protected species or their habitats.

F12 Consideration to be given to the protection of trees or woodland that would be adversely affected by development by making of Tree Preservation Orders.

F31 A generic policy advising that in applying the above policies the Council will be had to the benefits of the proposed development and appropriate weight be given to the Local Plan policies.

C26 The principal Local Plan Policy relevant to the consideration of this application, which states:

“Within the Kyloe Hills and Glendale Area of High Landscape Value, proposals for the development of wind farms designed to connect into the regional or national electricity supply network will be considered. Particular regard will be given to the following issues:

i) the requirement for an Environmental Statement under any current Regulations;

ii) the local wider and cumulative impacts on the landscape;

iii) the need to protect features and areas of heritage and nature conservation interest;

iv) levels and effects of noise, shadow flicker and electromagnetic interference;

v) the measures that would be taken, both during and after construction, to minimise the impact of the development on adjoining land uses and residential amenity; and,

vi) the local and wider impacts of the development, including safety, employment, tourism, education and levels of pollution.

vii) All proposals will be balanced against Policies elsewhere in the Plan. In doing so it will be acknowledged that wind energy can only be harnessed commercially where the annual mean wind speed is sufficiently high.”

Emerging Berwick-upon-Tweed Local Development Framework

5.29 The preparation of the Berwick-upon-Tweed Local Development Framework (LDF) is at an early stage. The Preferred Options Core Strategy was published for consultation in October 2007.

Other relevant documents

Ove Arup Wind Farm Development and Landscape Capacity Study: North and South Charlton Area, May 2007

5.30 In October 2006 the North East Assembly, Northumberland County, Alnwick District and Berwick upon Tweed Borough Councils appointed Ove Arup (planning, transport and environmental consultancy) to undertake a ‘wind farm development and landscape capacity study’ to assess the potential of the North/South Charlton wind resource areas to accommodate this type of development. The study report was published in May 2007. The report does not form part of the development plan but is a material consideration in the assessment of this application.

5.31 The study undertook a ‘technical and environmental constraints review’ to identify the “unconstrained” land where wind farm development might be acceptable and then undertook ‘landscape, visual and cumulative analysis’ to determine the relative landscape and visual performance of parts of the study area. It also examined the potential for cumulative landscape and visual impact and considered thresholds for acceptable change. 3 scenarios were developed to explore the cumulative impact issues:

Scenario A Emphasis on a strongly positive response to the RSS/County structure plan renewable energy policies delivering high energy production levels – estimated to have a development capacity of 170MW.

Scenario B An approximately neutral response/slightly positive to the RSS/County structure plan renewable energy policies delivering levels of development approximately in accordance with the Draft RSS/slightly exceeding the Draft RSS levels of development – estimated to have a development capacity of 100MW.

Scenario C A response based on a more stringent assessment of the landscape and visual capacity of the area – estimated to have a development capacity of 50MW.

5.32 The general area of the Wandylaw planning application featured as an acceptable location for a wind farm in each of the 3 scenarios.

5.33 Scenario A was discounted as having too many “likely to be unacceptable” cumulative impact effects. Scenario C had no “likely to be unacceptable” cumulative impact effects but, whilst being well within the carrying capacity of the local landscape, was assessed to miss the opportunity for realising a reasonable energy production from the area. The Arup study concluded that:

“Scenario B appears to strike a balance between landscape and visual considerations on the one hand and the need to achieve renewable energy targets on the other. It is therefore the recommended scenario”.

5.34 The scenario envisaged a maximum of 25 turbines without there being a significant effect on landscape character although it was suggested that regard be had “to the potential for dominance over the settlements of North and South Charlton, through turbines located within 2km or less of residential dwellings”.

6. Statutory Consultation Responses

North East Assembly

Considers that “having regard to the character of the landscape in and around the application site, the findings of the [Ove Arup Study] on the landscape capacity of the area, the intention of RPG1 and submission draft RSS policies on the generation of electricity from renewable resources and to the information provided by the applicant in their Environmental Statement it is considered that, on balance, the development would be in general conformity with RPG1 and the submission draft RSS”. In coming to this conclusion the Assembly advised as follows:

“The application site is considered to be within the North/South Charlton broad areas of least constraint for wind energy development identified in the submission draft Regional Spatial Strategy (RSS). … The development has the potential to make a significant contribution towards the production of energy from renewable resources. This would assist in achieving policy intentions set out in RPG1 and the emerging RSS and the published targets for production of electricity from renewable resources to 2010.

In principle, the development of a wind farm within the area of least constraint for wind energy development would be in general conformity with the positive framework provided in RPG1 and the emerging RSS.

The development proposed would create a new and dominant feature within the landscape which is likely to have a significant visual impact in some places by virtue of the scale and number of turbines. The magnitude and extent of this impact would be increased when viewed in conjunction with planned wind farm development at Middlemoor which is currently before the Secretary of State (Department of Trade and Industry) for determination. The Middlemoor application will now be determined through a Public Inquiry following an objection to that development raised by Alnwick District Council. The local authority will need to consider the extent to which cumulative visual and landscape impact is a determining matter in the case of the Wandylaw application. Similarly, the Secretary of State and Planning Inspector will need to reach a view on cumulative impact when the Middlemoor application is determined. In reaching a decision on this matter it would be appropriate to attach weight to the findings and preferred scenario set out in the [Ove Arup] Landscape Capacity Study.

The Landscape Capacity Study lends support to the initial identification of the North/South Charlton area as one of least constraint. Furthermore, it identifies the area within which the application site lies as being a favoured location in all of the assessed development level scenarios. It may therefore be considered that it is reasonable to conclude that there is sufficient carrying capacity within the landscape to accommodate the Wandylaw wind farm, at least on its own. In this respect, the development would be in general conformity with RPG1 and the submission draft RSS.

Although there are very few residential properties in close proximity to the turbines, their visual effects are likely to be noticed across a wide area beyond the application site boundary due to the scale of the development. It is very unlikely that the visual impact of the structures on any proximate views could be mitigated by physical measures to mask their scale and height. These effects will need to be balanced carefully against the wider benefits to the environment arising from the generation and use of electricity from a renewable resource when the local authority determines the application. In this judgement particular regard should be had to criteria set out in RPG1 and the submission draft RSS which requires that account should be taken of operational effects of the turbines on living conditions nearby and their visual effect in relation to the character and sensitivity of the surrounding landscape.”

Northumberland County Council (Strategic Policy and Initiatives)

Considers that the development would be in general conformity with the Structure Plan. Requests that the following matters be noted when determining this application:

“The application should be determined in accordance with up-to-date development plan policies. The Structure Plan provides the most recent adopted policy framework against which to judge the merits of the application. The Wandylaw wind farm application is acknowledged as being within the North/ South Charlton area of least constraint for wind energy development identified in Policy M5 of the Structure Plan. The development has the potential to make a significant contribution towards the production of energy from renewable resources. This would assist in delivering policy intentions set out in Policy M4 of the Structure Plan which gives express support to the generation of electricity from renewable resources.

The development proposed would create a new and dominant feature within the landscape which is likely to have a significant visual impact in some places by virtue of the scale and number of turbines. The magnitude and extent of this impact is likely to be increased when viewed in conjunction with planned wind farm development at Middlemoor which is currently before the Secretary of State (Department of Trade and Industry) for determination. Although there are very few residential properties in close proximity to the turbines, their visual effects are likely to be noticed across a wide area beyond the application site boundary due to the scale of the development. It is very unlikely that the visual impact of the structures on any proximate views could be mitigated by physical measures to mask their scale and height. These effects will need to be balanced carefully against wider benefits to the environment arising from the generation and use of electricity from a renewable resource when the Local Planning Authority determines the application. In this judgement particular regard should be had to criteria established in Policy M4 of the Structure Plan which requires that account should be taken of impact on landscape character and capacity, visual amenity and living conditions nearby.

In reaching a decision on this application it would be appropriate for the Borough Council to attach weight to the recently completed study into landscape capacity. Whilst … the Study will not constitute policy, the findings … are helpful in considering the landscape effects of the proposed development. The landscape within which the wind farm would sit is identified as an appropriate area for further consideration through the Structure Plan. The Landscape Capacity Study lends support to the initial identification of the North/ South Charlton area as one of least constraint. Furthermore, it identifies the area within which the application site lies as being favoured in all of the assessed development level scenarios. Accordingly, it is reasonable to conclude that there is sufficient carrying capacity within the landscape to accommodate the Wandylaw wind farm, at least on its own. In this respect, the development would be in general conformity with the Structure Plan.

The Landscape Capacity Study considers the overall carrying capacity of the local landscape to accommodate more than one wind farm. In the most restrictive Scenario the Study considers that there is capacity to accommodate Wandylaw and a similar sized area immediately to the west. This implies that if a particularly restrictive approach were to be adopted by the local planning authority or the Secretary of State, the development of both Wandylaw and Middlemoor might not be supported. However, if the approach advocated through the Landscape Capacity were followed, the carrying capacity within the North/ South Charlton area of least constraint is sufficient to accommodate wind farms on the scale proposed both at Wandylaw and Middlemoor. These two proposals would equate to the approximate development capacity identified in the Study (measured as approximate theoretical power output) for this wind resource area.

Having regard to the character of the landscape in and around the application site, findings of the on the [Study] on the landscape capacity of the area, the intention of Structure Plan policy on the generation of electricity from renewable resources and the information provided by the applicant in their Environmental Statement it is considered that , on balance, the development would be in general conformity with the Structure Plan and would not prejudice the implementation of Structure Plan policies.”

Northumberland County Council (Highways)

No objections in principle to the proposed development with the recommendation that a number of suggested planning conditions be attached to any permission granted. The Senior Highways Control Officer advises that the proposed wind farm is not considered to be problematic in terms of driver distraction from the County road system and that it is the construction phase of the development that represents the major highway impact of the proposal. Accordingly, the suggested conditions seek to address this issue and include, for example, improvements to the Wandylaw access road (County road U2047) from its junction with the A1 to the point where the wind farm access track diverts from it over and above that suggested in the application.

Northumberland County Council (Archaeology)

No objections on cultural heritage grounds, advising that although the archaeological evaluation did not identify any significant sub-surface archaeological features, it did confirm that there is some potential for surface archaeological remains to be impacted by the development. The archaeologist does not consider this impact to be such as to warrant refusal of the application, however. In view of the remaining potential for residual archaeological deposits to be impacted, a programme of archaeological monitoring accompanying the construction phase of the development is considered necessary. Appropriate planning conditions are recommended requiring the applicant to commission mitigation works in respect of an archaeological walkover of the site; a detailed topographical survey of archaeological earthworks within the application site; mitigation works to avoid disturbance during construction for any archaeological sites identified; provision of robust protective fencing to protect identified sites; and, any archaeological sites identified within the footprint of the construction footprint to be subject to a programme of archaeological excavation, recording and mitigation. A brief has been prepared detailing the works required.

Northumberland County Council (Ecology)

No comments received.

Northumberland County Council (Countryside Access & Recreation)

No objections subject to the protection of all public rights of way that cross the site throughout the life of the development. The following recommendations are made:

1. that no turbine be sited within 200m of a public bridleway, unless an alternative route is provided;

2. that all access tracks be kept away from the existing public rights of way as far as possible or, if access tracks have to run parallel to existing routes, that the sections be kept to a minimum and separated by fencing;

3. where access tracks cross existing rights of way the crossing be made at right angles;

4. that all working areas be clearly signed; and,

5. that any temporary diversions/closures of public rights of way be first agreed with the local highways authority.

Alnwick District Council

No comments received.

Northumberland Coast AONB Partnership

Whilst the site is outside the AONB, the AONB Partnership submit that it does have a visual and landscape impact over much of the AONB and that landscape and visual impacts on it should be given serious consideration. The Partnership considers that the proposed wind farm conflicts with Policies LP1, LP2, LP3 and LP15 of the AONB Management Plan contending that the development would adversely impact on inland views from much of the designated landscape; that the cumulative effect of other current proposals should be considered as they will lead to significant changes to inland views; that the character and setting of the AONB will be compromised; and, tha the landscape character of the AONB will be compromised. In summary, the AONB Partnership consider that planning permission should not be granted for the wind farm due to individual and cumulative impacts that it will have on the character and setting of the Northumberland Coast AONB.

Natural England

No objections.

Environment Agency

No objections, recommends a condition regarding surface water drainage.

Northumberland Wildlife Trust

No response received.

The Woodland Trust

No objections

English Heritage

No response received.

RSPB

No objections, but comments made regarding the timing of works, avoiding disturbance to Schedule 1 nesting birds and habitat management with 3 planning conditions recommended to address the issues.

British Horse Society

Does not object to wind farm development in principle, but is very concerned that the development of such sites should not reduce the enjoyment, which includes views across open country, and the safety of horse riders exerting their right of access to the countryside along public bridleways and byways. The Society considers that a buffer zone of 200m between bridleways and byways and turbines is essential although it accepts that this is not a statutory requirement. The Society objects to access roads that are built to facilitate construction and maintenance of the turbines following the line of a public bridleway or byway, which is regularly ridden, on safety grounds. 5 restrictive conditions are recommended with regards to: minimum separating distances between turbines and bridleways/ byways/ unclassified road; that all works affecting public rights of way must be agreed with the local highway authority; that where an access road runs alongside a public bridleway it must be separated by a fence; that access roads should only be permitted to cross public bridleways at right angles; and, that in mitigation for the negative impact on the use of public bridleways on Wandylaw Moor, access should be given to horse riders to use the underpass close to Brockdam Farm by its dedication as a public bridleway to allow riders to pass safely under the A1.

Ministry of Defence/ Defence Estates

No concerns to the proposal.

Civil Aviation Authority

No objections, supportive comments only.

National Air Traffic Service

No objections.

Newcastle Airport

No objections.

Northumbria Tourism

Requests deferral of the application pending completion and publication of the independent study that was commissioned by the North Northumberland Tourism Association in early 2007 to consider the impact of wind farms on tourism. Reference is made to research by Visit Scotland which, it is stated, “revealed that 38% of visitors said that wind farms spoiled the scenery and 26% said they would be less likely to visit an area if wind farms were developed”. Northumberland Tourism refer to tourism being a vital industry for Northumberland, creating hundreds of jobs and putting millions of pounds into the local economy and contend that impact on tourism must be considered as an integral part of the planning process.

North Northumberland Tourism Association

Objection on the grounds that the development would be detrimental to local businesses and the local economy, particularly to local tourism, it would be highly visually intrusive in the landscape and the economic benefit beyond the wider area is extremely small and does not outweigh these local costs. The Association would not be happy to see any large wind farm development of this sort in this type of rural setting, where they know that enjoyment of the landscape is a major reason for tourists and visitors continuing to make return visits. They know from experience from other parts of the country that once sites are consented, even for a few turbines, developers soon follow with applications to expand or “re-power” with even bigger turbines.

The Coal Authority

No comments received.

British Gas Transco

No comments received.

Ellingham Parish Council

No objections raised but requests that, if the Council is minded to approve the application, the following matters be considered and included within the approval:

1. In order to minimise the visual impact of the development, the Borough Council is asked to give full consideration to a condition that the developer uses appropriate and durable colour coating in addition to masking by woodland to camouflage the wind turbines from the various directions.

2. Noise levels should be regularly and independently monitored over appropriate periods throughout the life of the development and the results made available to the Parish Council and the Community under freedom of information and if any noise attenuation including secondary glazing etc is required this should be addressed and fully funded by he developer using whatever means required.

Carham Parish Council

Considers that as Alnwick District Council have refused permission for Middlemoor, then Berwick should do the same for Wandylaw. This would then allow them both to go to a public inquiry which could give a similar ruling to both projects.

Craster Parish Council

Concern expressed about “the detrimental impact such a development will have on the character of the landscape and the effect it will have on local coastal tourism, which relies heavily on the beautiful unspoilt views”.

Eglingham Parish Council

Advised that the Parish Council objected in the strongest terms to the proposed wind farm development at Middlemoor because of the proposed size of the development with 18 turbines at a height of 125 metres representing a massive visual intrusion on the local and regional landscape and it would be detrimental to an area of high landscape value. Considered it would not fit in with the scale and grain of this rural upland landscape in any way. Objects to Wandylaw wind farm for the reason that Wandylaw and Middlemoor wind farms are in reality one wind farm separated by a fence. Concerned that if the Middlemoor and Wandylaw developments were to be approved, this would lead to an increase in the likelihood of further developments being approved; leading to a broad swathe of wind farms from South Alnwick all of the way to Berwick. Also expressed fears that the wind farm(s) will have a detrimental effect on the tourism industry. Considers that it is extremely important that planning decisions about Wandylaw are objected to by the Council, and that all wind farm proposals in North Northumberland are referred to a possible Independent Inquiry.

Edlingham Parish Council

Supports Eglingham Parish Council’s objection to the application.

Embleton Parish Council

Objects on the grounds that the site is totally inappropriate for such development, being located directly inland from the Heritage Coast. The proposal would adversely affect the landscape character of the area which is an important influence in the choice of tourists as a holiday destination. The height of those turbines, in addition to those proposed on the adjacent site at “Middlemoor”, would cause an unacceptable detrimental impact on a beautiful landscape.”

Felton Parish Council

Expressed “deep concern about the Wandylaw Wind Farm and especially the devastating consequences this development would have on the character and profile of the landscape”. Concern also expressed with regards to noise from the turbines. Requests “that there is a public inquiry to ascertain further what benefit, if any, this Wind Farm might have for the area”.

Netherton and Biddlestone Parish Council

“Most concerned at the prospect of the development of massive wind farms across the rural stretches of Northumberland … [and] ... appalled by the threatened desecration of our wonderful landscapes by these enormous turbines and their accompanying connections with the grid.” Suggests that the Middlemoor and Wandylaw applications should be considered together through a joint public inquiry. Considers that “there are other ways in which energy could be conserved and global warming objectives achieved without the sacrifice of the priceless asset – our countryside”.

Newton by the Sea Parish Council

Requests that Berwick-upon-Tweed Planning Committee refers the application to the DTI in London for a full planning inquiry to be held for all proposed wind farms in this area of North Northumberland.

Newton on the Moor & Swarland Parish Council

Objects to the manner in which the proposal for Wandylaw Wind Farm has been put forward. Consider that it is not acceptable for any proposal to create such a large visually intrusive power generation scheme in the heart of rural Northumberland without any opportunity for full and early public participation in discussions about the developmen”.

North Sunderland Parish Council

Does not support the application on the grounds that the development would cause an unacceptable detrimental impact on the character of the landscape.

7. Representation responses

7.1 34 letters of objection have been received, the main grounds of which are summarised below:

• This is the wrong place to put a large industrial plant such as a wind farm.

• The turbines will ruin what is a beautiful landscape and will be seen for many miles, appearing as graffiti.

• The turbines will have an adverse effect on the local landscape and will change the landscape of this area into an industrial estate comprising what is essentially a power generating station.

• The turbines will be seen as a blot on the landscape affecting the Northumberland National Park and the Heritage Coast.

• The turbines will dominate inland views from the Northumberland Heritage Coast and will ruin views from Ros Castle, Dunstanbugh Castle and the Cheviots.

• The wind farm will result in an unacceptable loss of amenity to local residents.

• Wandylaw Moor is rich in peat and the natural habitat, flora and fauna will be greatly affected by the development.

• There will be a danger to wildlife, especially migrating birds.

• The area is rich in archaeology and any form of intrusive engineering would seriously damage ancient sites.

• The proposed access arrangements from the A1 via a narrow lane that is already in a poor state of repair and which becomes a bridleway is ridiculous.

• The proximity of the turbines to the A1 will cause traffic accidents.

• The miles of overhead cables and supporting pylons is another bone of contention.

• Wind turbines are not silent and the man-made noise from wind turbines swishing in your ears when walking in the area is quite different to the natural sound of wind in the trees.

• The turbines will cause a loss of enjoyment to those involved in country pursuits, especially ramblers.

• Questioning of the cumulative noise impact of the scheme when considered with the Middlemoor scheme, particularly with regards to the impact on Haughterslaw.

• North Northumberland is reliant on tourism as its primary industry; the wind farm will cause consternation to visitors to the area who are expecting the tranquillity, appearance and character of their previous visits.

• Tourism will be severely prejudiced and will reduce significantly, impacting on the local economy.

• Questioning of the effectiveness of wind turbines to produce viable electricity.

• Wind power can only provide a meagre and intermittent supply of electricity, nuclear power is the answer.

• The Government’s intention of reducing carbon emissions is negated by the manufacture of the turbines, their deep concrete foundations and the transport of the turbines from abroad.

• There is insufficient capacity in this part of the grid to take the power that will be generated.

• This wind farm will delay the development of biomass and renewable fuels which could be used in well designed power stations.

• Roads, footpaths, bridleway and streams criss-cross the site making it an easy target for vandalism of worse.

• The proposal conflicts with national planning policy, the draft Regional Spatial Strategy, the Structure Plan and the Local Plan.

• This application cannot be treated in isolation because there is another even larger scheme immediately adjoining it at Middlemoor.

• If the proposal goes ahead a few people will get richer and a lot of people will be poorer.

7.2 9 letters of support for the proposed development have been received. The main reasons for support cited are summarised below:

• The overwhelming scientific opinion tells us that global warming is happening now. Consequently doing nothing about it is not an option. The wind farm would make a contribution to the reduction of CO2 emissions. Make bold decisions today for the benefit of all in our local society.

• There is a need for renewable energy in Northumberland and throughout the UK in order to combat climate change.

• Wind power is a clean method of producing electricity.

• These small schemes have a minimal impact on the environment and this scheme in particular has a limited visual impact on the surrounding area.

• Critics of wind farms largely base their objections on visual impact. These projects have an impact but not everyone considers them to be ugly.

• Wind farms are elegant and beautiful.

• It is hypocritical to say wind turbines spoil our view when we readily accept fossil fuel imports from countries where not only is the landscape devastated visually but whole areas are polluted and ways of life wrecked.

• Having seen several wind farms in Scotland we know they do not detract from the amenity or tourist value at all. In fact many tourist s enjoy visiting the sites. The protesters should be reminded of the past filth and disease caused by previous coal mining industry.

• Seeing numerous wind turbines is preferable to one nuclear/ gas/ coal-fired power station at this location.

• The wind farm will not have a detrimental effect on tourism.

• The wind farm is proposed in a sensible location – it is outside the National Park and the AONB and is well screened from coastal and Cheviot views. It is well away from habitation and being a small development of 10 turbines should not have any significant environmental impact.

• The proposed wind farm is an integral part of the future economic viability of Ellingham Estate, which has been subject to community consultation with a view to forming a sustainable development plan for the future. The Estate has imposed a condition upon RidgeWind to return a considerable annual sum back to the local community within the Parish boundary of Ellingham to improve and rejuvenate community facilities.

7.2 413 letters of a standard format supporting the application have also been received via the applicants. The letters were generated through campaigners who stood in Marygate over two days on 8th and 9th October 2007. The letters indicate support for the proposed Wandylaw wind farm specifically and for wind power in general. Of the 413 letters, 335 have NE or TD postcodes with the remaining 78 letters having addresses elsewhere in England and Scotland.

8. Material Considerations

8.1 This is a proposal for a new wind farm to be located in the North / South Charlton area of Northumberland. The application has been assessed against national and regional planning policy and guidance, development plan policies and other material planning considerations, taking into consideration the environmental information submitted in the Environmental Statement and the advice of statutory consultees. The key planning issues raised by the proposal include:-

• The principle of a wind farm in this location;

• The benefits of the proposal

• The impact of the proposed development on the landscape of the area;

• The impact of the proposed development upon visual amenity;

• Cumulative impact of the proposed development and the proposed Middlemoor wind farm development;

• Noise;

• Shadow flicker;

• Potential TV reception and other electro-magnetic interference;

• Nature conservation;

• Heritage conservation, including archaeological conservation;

• Tourism; and,

• Highway considerations, including impact on public rights of way.

9. Officer Observations

The principle of a wind farm in this location

9.1 National and regional planning policy and the County Structure Plan provide a positive framework of encouragement for renewable energy projects. PPS22 seeks to encourage the harnessing of renewable energy resources, particularly wind energy, in order to facilitate the delivery of the Government’s commitments on both climate change and renewable energy. Policy EN2 supports the identification of strategic wind resource areas through development plans where major wind energy development would be given positive consideration in principle. The emerging Regional Spatial Strategy (RSS) Proposed Changes, 2007, recognises the environmental, social and economic benefits of renewable energy developments and seeks to provide a positive framework to enable the region to deliver its maximum potential for generation. Policy M4 of the Joint Structure Plan identifies that Local Planning Authorities will support and encourage major development for the generation of electricity from all renewable resources except in areas protected by specific landscape, nature conservation or cultural designations.

9.2 The application site does not lie within a nationally protected landscape area such as the National Park or AONB. The site lies within the Kyloe Hills and Glendale Area of High Landscape Value (AHLV) as identified in the Berwick upon Tweed Local Plan. Policy C26 of the Local Plan advises that within the AHLV wind farms designed to connect into the regional or national electricity supply network will be considered and sets out a list of criteria against which such proposals will be assessed. The site is within that area west of the A1 and neighbouring North Charlton in Alnwick District which was identified in the North East of England Regional Renewable Energy Strategy (2003) as being an appropriate location for medium scale wind farm developments.

9.3 Policy M5 of the Joint Structure Plan identifies the area of North/ South Charlton as a “Wind Resource Area” with the potential for medium scale development. This policy stance has been reaffirmed at a regional level by Policy 42 of the RSS Proposed Changes (2007) which identifies the area as a “broad area of least constraint for wind energy developments” with “potential for medium scale development”.

9.4 Structure Plan Policy M5 does not define the scale of development appropriate to each wind resource area and the Structure Plan anticipated that Local Planning Authorities would develop approaches to further refine the identification of potentially suitable areas through the review of their Local Plans. However, the Ove Arup study commissioned by the NEA, Northumberland County Council, Alnwick District and Berwick upon Tweed Borough Councils in October 2006 has assessed the capacity to accommodate wind farm development around the North / South Charlton area of least constraint. The Study undertook a ‘technical and environmental constraints review’ to identify the “unconstrained” land where wind farm development might be acceptable and then undertook ‘landscape, visual and cumulative analysis’ to determine the relative landscape and visual performance of parts of the study area. It also examined the potential for cumulative landscape and visual impact and considered thresholds for acceptable change.

9.5 The Ove Arup Study considered 3 scenarios for wind power generation: a strong positive response to renewable energy policies delivering high energy production levels with an estimated development capacity of 170MW; a neutral/ slightly positive response to renewable energy policies delivering levels of development approximately in accordance with the Draft RSS with an estimated development capacity of 100MW; and, a response based on a more stringent assessment of the landscape and visual capacity of the area with an estimated development capacity of 50MW.

9.6 The Study Report recommends the second scenario, Scenario B, a neutral/ slightly positive response to the RSS/County structure plan renewable energy policies that will be capable delivering levels of development approximately in accordance/ slightly exceeding the Draft RSS levels of development and estimated to have a development capacity of 100MW. This approach is considered “to strike a balance between landscape and visual considerations on the one hand and the need to achieve renewable energy targets on the other”. The scenario envisages a maximum of 25 turbines without there being a significant effect on landscape character although it was suggested that regard be had “to the potential for dominance over the settlements of North and South Charlton, through turbines located within 2km or less of residential dwellings”. The scenario also diagrammatically identifies the area of the Wandylaw wind farm proposal as being an acceptable location for a wind farm. Indeed, the Wandylaw location was considered appropriate for a wind farm of each of the 3 scenarios considered.

9.7 Clearly, there is significant planning policy background indicating the area within which the application site lies as being a favoured location for wind energy developments. Furthermore, at 10 turbines the proposed wind farm would be regarded as a small/medium scale development. Accordingly, it is considered that the proposed Wandylaw wind farm is acceptable in principle with reference to the Local Plan, Structure Plan and emerging RSS policies set out above. This is reflected by the responses of both the North East Assembly and Northumberland County Council (Strategic Policy and Initiatives) to the planning application.

Benefits of the Proposals

9.8 The UK has committed, under the United Nations ‘Kyoto Protocol’, to a binding target to reduce greenhouse gas emissions by 12.5% against 1990 levels by 2012. This target is complemented by the UK's domestic goal of reducing carbon dioxide emissions by 20% on 1990 levels by 2010. The UK Government has set out a range of policies to meet these targets in its Climate Change Programme, one of which is the establishment of targets for the production of renewable energy. The UK Government's target is to generate 10% of UK electricity supplies by 2010 from renewable sources. The UK Government has set out a range of policies to meet these targets in its Climate Change Programme, one of which is the establishment of targets for the production of renewable energy. The UK Government's target is to generate 10% of UK electricity supplies by 2010 from renewable sources.

9.9 Wind power, together with other renewable forms of energy, is seen as an essential element of the strategies of the UK Government and European Union in tackling climate change. Policy 42 of the RSS Proposed Changes now states that “in assessing proposals for renewable energy development significant weight should be given to the wider environmental, economic and social benefits arising from higher levels of renewable energy”. The proposed development of 10 turbines will have a total installed capacity of between 20 and 30 MW, dependent upon the particular model of turbine chosen. The wind farm, which has been designed to connect into the regional/ national electricity supply network, will therefore have the potential to make a significant contribution towards the production of electricity from a renewable resource. The ES states that “power production of the Wandylaw Wind Farm will contribute positively over its lifetime to reducing greenhouse gas emissions through the displacement of fossil fuelled power generation elsewhere. Wandylaw Wind Farm is predicted to displace around 45,202 to 67,802 tonnes of carbon dioxide each year. The wind farm itself is predicted to provide enough renewable electricity to power between 11,180 to 16,770 homes, depending on the installed capacity. There are a total of approximately 11,653 households within the Borough of Berwick-upon-Tweed.” The proposed windfarm would therefore assist in achieving the policy intentions set out in RPG1, the emerging RSS and Structure Plan Policy M5, together with the published targets for the production of electricity from renewable resources to 2010.

9.10 In addition, the Environmental Statement identifies the following local benefits that would accrue from the proposed wind farm proceeding:

• provision of clean, renewable, and sustainable energy within Northumberland;

• locally generated electricity;

• assisting security of electricity supply;

• economic benefits through local employment etc;

• economic benefits through business rates;

• creation of a community fund;

• making a positive contribution towards reaching the UK and Kyoto Treaty targets.

The impact of the proposed development on the landscape of the area

9.11 The application site lies within the Kyloe Hills and Glendale Area of High Landscape Value and within the landscape character area of the “Northumberland Sandstone Hills”, as classified by the Countryside Agency. Notwithstanding and in accordance with Government guidance contained within PPS22, Local Plan Policy C26 does not seek to prohibit wind farms within the Area of High Landscape Value. Indeed, the Policy advises that “wind farms designed to connect into the regional or national electricity supply network will be considered”. The policy does however require the wider and cumulative impacts on the landscape of such proposals to be considered as does Structure Plan policy M4.

9.12 The wider area within which the application site lies contains a number of nationally and regionally important landscapes including the Northumberland National Park (some 13km to the west), the Northumberland Coast AONB (some 8km to the east/ north east), and the Cheviot foothills. Paragraph 14 of PPS22 advises that “local planning authorities should not create “buffer zones” around international or nationally designated areas and apply policies to these zones that prevent development of renewable energy projects.” The landscape and visual impact analysis does indicate that the proposed wind turbines would be visible from within both the AONB and the National Park. However the submitted analysis and photomontages indicates that the potential impact upon these nationally designated landscapes from the proposed windfarm development would not be significant due to the distances from the site and/or the screening of views by vegetation cover and landform.

9.13 Due to the scale of the turbines, it is clear that there will be an impact upon the local landscape given the remote and open characteristics of the area. However, the potential impact would be reduced by the rolling nature of the landform (particularly the bowl-like landform within which the turbines are proposed) and areas of woodland throughout the area which together offer some screening of the turbines from various viewpoints in the locality.

9.14 The area of North/ South Charlton has been identified as an appropriate location for medium scale wind farm developments (defined as up to 25 turbines), in the draft RSS and the Structure Plan. More recently, in March 2007, and more specifically to this application, the Ove Arup Landscape Capacity Study for the North/ South Charlton Area identified the area within which the turbines are proposed as being intrinsically suitable for medium scale wind farm development, which they defined as being 9-16 turbines of 26-49MW. Zone 10 was described as “open gently sloping moorland on the eastern fringe of upland plateau with no settlement”. The Study considered the zone performed well visually, defining it as having a medium landscape sensitivity, although the eastern fringes were noted to be more visually sensitive to near views from the coastal plain including the A1. Significantly, the Study conclusions have reaffirmed the emerging RSS/ Structure Plan policy stance through landscape capacity analysis.

9.15 As part of the process of assessing the planning application, the Borough Council engaged Scott Wilson (environmental consultants) to review the landscape and visual assessment work undertaken on behalf of the applicant and reported in the Environmental Statement which accompanied the planning application. Scott Wilson concurred with the assessment within the ES that the wind farm would have a ‘Major’ significant impact on the landscape within 3 km radius of the site. Similarly, they concurred with the assessment of the impact on the Area of High Landscape Value (‘High’ locally but decreasing through ‘Medium’ to ‘Low’ within 10km of the site). They also agreed that the impact on the coastal plan would reduce to ‘Minor’ but not that it would reduce to ‘Negligible’ further east, as claimed, given that the width of the coastal plain is never more than 10km in the area of the wind farm. Scott Wilson concluded that the proposed scheme was generally acceptable in terms of landscape impact but raised a question over the siting of turbines 1 and 2 (the two easternmost turbines). It was suggested that additional photomontages indicating views westwards from locations along the A1 be provided to allow further consideration of their impact on the landscape and whether or not they should be relocated or deleted from the scheme. Three additional photomontages were subsequently submitted by the applicants, Ridgewind. It is considered that these that turbines 1 and/or 2 would not cause a significant adverse landscape impact and, on balance, it is not considered that their removal from the scheme is warranted since their removal would have little effect on overall landscape impact. Accordingly, Scott Wilson concluded that the scheme on its own merits would not be prejudicial to the landscape character of the area and is, therefore, acceptable in terms of landscape impact.

9.16 Whilst it is acknowledged that the proposed wind farm development would have some impact on the landscape of the area, it is not considered that this would be significant so as to justify a recommendation for refusal of planning permission. It is therefore considered that the proposed development accords with Local Plan Policies