PLANNING AND ENVIRONMENT AND PUBLIC RIGHTS OF WAY COMMITTEE

4 MARCH 2014 Application No:

13/03582/RENE

Proposal: Installation of 2 no. 15kW wind turbines, each 19.9m to blade tip

Site Address Land South Of Newtonstead, Kirkharle, Northumberland.

Applicant: Mr Haywood Newtonstead Farm, Great Bavington, Newcastle Upon Tyne, NE19 2BJ.

Agent: Mr Paul Neary Wright Business Centre, 1 Lonmay Road, Glasgow, G33 4EL.

Valid Date: 22 November 2013 Expiry Date:

17 January 2014

Case Officer Details:

Name: Mrs Judith Murphy

Job Title: Senior Planning Officer

Tel No: 01670 622640

Email: judith.murphy@northumberland.gov.uk

This material has been reproduced from Ordnance Survey digital map data with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright (Not to Scale)

1. Introduction 1.1 This application has received an objection from Bavington Parish Council, and

as such must be determined by the Planning and Environment and Public Rights of Way Committee.

2. Description of the Proposals 2.1 The proposal is to construct two 3 bladed Kingspan 15kw turbines of 19.9m to

blade tip on agricultural land to the south of Newonstead Farm, Great Bavington. The turbines would be located approximately 421m from the Farmhouse. Access would be gained through the existing farm access. Due to the small scale of the project, no access tracks or crane pads would be required. The proposed turbines would be connected to an existing meter in the client's premises using underground cabling. The proposed cable trench would measure approximately 500m in length, 0.5m in width and 0.5m in depth. It is envisaged that the cable trench would be back filled on the same day as excavation. The National Grid Reference for Turbine 1 is E97439, N79404, and Turbine 2 is E97484, N79358.

2.2 The proposed location of the turbines would be on agricultural land,

approximately 1.2km away from the nearest settlement of Great Bavington to the north-northeast. Little Bavington is located 1.5km to the south-southeast and Thockrington is located 1.6km to the west.

2.3 The nearest residential property is Newonstead farm house, the applicant’s

home, which is located 421m from the nearest turbine. 2.4 Construction of the turbines is expected to occur over a broken 4 week period.

The initial groundwork's and foundation construction would be completed in 1-2 days, with a 2-3 week period of no works, whilst the concrete foundation cures. The delivery vehicles would not be over the weight, width or length to require permits. The routes proposed are the same as those currently used to access Newonstead Farm. Once the turbines have been constructed, traffic to the site would be limited and would only be required for maintenance purposes every year.

3. Planning History

Reference Number: 13/01622/RENE

Description: The installation of three Tozzi Nord 535 9.9kW wind turbines of

21.6m to blade tip and the associated infrastructure.

Status: Withdrawn

4. Consultee Responses

Bavington Parish Council

Objects on grounds of the proximity of the turbines to Newonstead Farm Cottage which could generate a noise disturbance; the impact on the Grade 2* listed Thockrington Church and the proximity to breeding Peregrine Falcons

County Ecologist No objection subject to one condition

County Highways No objections

Public Protection Objects on noise issues and potential cumulative impact – further information received – no objection (written confirmation awaited at time of compiling report)

Natural England No objection subject to conditions and informatives

Newcastle International Airport

No objection following submission of a Radar Impact Assessment

Ministry Of Defence No objections subject to informative

Civil Aviation Authority

No objection - advice given

Ofcom No objections - advice given

Northumberland Wildlife Trust

No response received

North'ld Conservation No objection

County Archaeologist No objection

National Air Traffic Services (NATS)

No objection

Countryside/ Rights Of Way

No objection subject to one condition

5. Public Responses Neighbour Notification

Number of Neighbours Notified 11

Number of Objections 1

Number of Support 3

Number of General Comments 0

Notices General site notice, 12th December 2013 No Press Notice Required. Summary of Responses: 5.1 One letter of objection has been received raising concerns of noise and

misleading plans (these have been amended) 5.2 Three letters of support have also been received. One from Joint Radio

Company advising they do not foresee any potential problems based on known interference scenarios and the data provided. The other from a neighbouring resident stating the two turbines would have no detrimental effect on their own activities, and they are in favour of individual and national uptakes of green energy initiatives.

6. Planning Policy

6.1 National Planning Policy National Planning Policy Framework 6.2 Development Plan Policy Core Strategy/Local Plan Policies Tynedale Local Development Framework Core Strategy; EN1: Principles for energy, including the development of renewable energy resources EN2: Commercial scale renewable energy schemes NE1: Natural environment Saved Policies from the Tynedale District Local Plan: GD2: Design criteria for development CS22 Location of noise generating uses NE26: Ecology 6.3 Other Documents/Strategies Planning practice guidance for renewable and low carbon energy (DCLG 2013) Countryside Character Area profiles (Natural England) Northumberland Landscape Study Scottish National Heritage – Assessing the impact of small-scale wind energy proposals on the natural heritage (March 2012) Northumberland Character Assessment Northumberland ‘Key Land Use Impact Study Part C – Landscape Sensitivity to Key Land Uses’ (2010) Landscape Appraisal for Onshore Wind Development document. ETSU-R-97: The Assessment and Rating of Noise from Windfarms Good Practice Guide to the Application of ETSU-R-97 for the Assessment and Rating of Wind Turbine Noise (IoA 2013) 7. Appraisal 7.1 It is considered the main issues for consideration in relation to the proposed

development are the principle of the development, landscape and visual impact, cultural heritage, residential amenity in terms of noise and shadow flicker, ecology, highways, aviation, grid connection and the potential effects on TV and Telecommunications.

Principle of Development 7.2 National energy policy and national planning policy all provide a positive

framework of encouragement for renewable energy projects. 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. The National Planning Policy Framework (NPPF) outlines the Government’s planning policies and at the heart of the NPPF is a

‘presumption in favour of sustainable development’. The guiding principles of the NPPF support the transition to allow carbon future and encourages the use of renewable resources (for example, by the development of renewable energy). This is supported by the Tynedale Local Development Framework Core Strategy Development Plan Document 2007. One if the objectives of this document is to continue to achieve sustainable development across Tynedale and to mitigate and adapt to the effects of climate change.

7.3 Paragraph 97 of the NPPF seeks to increase the use and supply of renewable

and low carbon energy and Local Planning Authorities should recognise the responsibility on all communities to contribute to energy generation from renewable or low carbon sources. Paragraph 98 of the NPPF states that when determining planning applications for energy developments, Local Planning Authorities should not require applicants to demonstrate the overall need for renewable or low carbon energy and it should be recognised that even small scale projects provide a valuable contribution to cutting greenhouse gas emissions. In addition, Local Planning Authorities should approve the applications if the impacts are (or can be made) acceptable unless material consideration indicate otherwise.

7.4 A planning practice guidance note for renewable and low carbon energy was

published by the Government in July 2013. The guidance should be read alongside other planning practice guidance and the NPPF. The guidance can be a material consideration in planning decision and should generally be followed unless there are clear reasons not to. The guidance supports the NPPF on the principle of increasing the use and supply of green energy but it goes on to state that this does not mean that the need for renewable energy automatically overrides environmental protections and the planning concerns of local communities; it is important that the planning concerns of local communities are properly heard in matters that directly affect them.

7.5 The Secretary of State for Communities and Local Government issued a

written statement in October 2013 referring to the recently published practice guidance. The written statement sets out that in terms of wind turbine development local communities have concerns that insufficient weight is being given to environmental matters. The written statement affirms that the need for renewable energy does not automatically override environmental protections and that the views of local communities should be listened to.

7.6 The proposed two turbines would have an output of 15kw each. The

application has been selected through the mapping of environmental and technical constraints together with aesthetic consideration to ensure that an appropriate visual fit would be achieved within the landscape. Work has been carried out to ensure that the potential for disturbance such as noise and shadow flicker is properly assessed, and the potential impacts on residential properties, other receptors and wildlife are within acceptable parameters. Any consideration arising from these issues will be considered elsewhere in the report.

Landscape and Visual Impact 7.7 The National Planning Policy Framework (Chapter 11) (NPPF) recognises the

need to protect and enhance valued landscapes, minimise impacts on

biodiversity and prevent both new and existing development from contributing to or being put at significant risk from, or being adversely affected by, unacceptable levels of soil, air, water or noise pollution or land instability. In assessing the potential impacts of the proposed wind turbines development on the landscape character both local and wider impacts must be considered.

7.8 The supporting information advises that a desk based feasibility assessment

was undertaken prior to deciding upon the location of the wind turbines; the proposed site has been selected as the most viable option for harnessing wind energy, based on the current agricultural land use, primarily utilised for rough grazing. The turbines would be situated at approximately 220 AOD. Although not the highest point within the farm boundary, the turbines would be located at a high enough altitude to receive a good wind resource. The site is undulating, falling slightly to its southern edges. It is bound entirely by post and wire fencing with stone dyke walls to the north and south edges. The surrounding lands are under arable and pasture production. At a height of 19.9m to tip, the turbine is not considered to be excessive in size and given the relevant openness of the landscape combined with the topography of the land, the wind turbines could be accommodated within the landscape without having a significant detrimental impact on the wider landscape character of the area.

7.9 The landscape around the site has previously been classified into various

distinctive landscape character areas at national, regional and local levels. In assessing the potential impacts of the proposed wind turbine development on the landscape character, both local and wider impacts must be considered. These include the identification of the key characteristics of the landscape, the sensitivity of the landscape, the physical effect of the proposed development, the effects on the character of the landscape and the effects on views over the landscape from construction through to operation and decommissioning.

7.10 Recreational fishing sites are located at Sweethope Loughs, 3.5km north-west

of Newonstead. This is a manmade reservoir containing stocks of Rainbow Trout. Mature trees fringe the reservoir allowing for extensive screening from the immediate area, allowing visitors and users of this facility to enjoy the area with no visual change. Two other reservoirs are located in the area, Colt Crag and Hallington. These water bodies are important for various water fowl however, they remain un-designated. Hallington Reservoir is located 2.4km due south, with Colt Crag located 3.4km west-southwest of the proposed development. It is considered that the distances between the water bodies and the development should be sufficient to mitigate any impacts on the wildlife, visitors or users of the reservoirs.

Impact on the Landscape Character 7.11 The character area that the Newonstead turbines would be located in is:

National Character Area 2: Northumberland Sandstone Hills

It is also considered that the wind turbines would impact on the following:

Regional Character Area 6: Upland Fringe Farming

Local Character Area 11b: Buteland and Colt Crag

7.12 The site lies within National Character Area 2: Northumberland Sandstone Hills, which occupies all of the 5km study area. The area is described as curving across central Northumberland in a series of distinctive flat-topped ridges which provide panoramic views of the Cheviots and the coast. The largely undisturbed landscape holds significant prehistoric and medieval archaeological remains which together form some of the most interesting and nationally important archaeological landscapes in England.

7.13 The four viewpoints submitted with the application have been taken from four

different viewpoints within National Character Area 2. They demonstrate that the level of impact would be minimal due to the undulating layout of the land. From at least two of the viewpoints the two wind turbines would be barely visible. It is therefore considered that whilst the two turbines would impact on the character of the landscape to a degree, this would not be to a level that would be regarded as unacceptable or detrimental to the landscape character.

7.14 The impact of the wind turbines on the character area as a whole has been

carefully considered. Given the height of the wind turbines, the varying topography of the land in parts and the intervening trees and hedgerows, it is considered the impact of the wind turbines on the landscape character of the neighbouring character areas would be negligible.

7.15 At regional level, the Sandstone Fringe Farmland is described as an open,

expansive, marginal upland fringe farmland. With gently undulating topography drained by minor burns, it has occasional Whin Sill and sandstone outcrops and crags with associated active and disused quarries. On high ground, there are patches of open grass moorland with mainly rough and semi-improved pastures at a lower level. It is a sparsely populated landscape, with occasional farmsteads connected by narrow lanes. Historic elements include evidence of past mining including coal shafts, and ancient ridge and furrow. The area is described as low-medium sensitivity in the Landscape Appraisal for Onshore Wind Development document.

7.16 At local level, the Key Land Use Impact Study for Buteland and Colt Crag

(11b) states that the area is of moderate sensitivity to small-scale wind development. It advises that ‘most factors indicate a reduced sensitivity for this type. The intervisibility of the landscape, the lack of existing vertical features, and the presence of prominent historic elements indicate increased sensitivity’. The area accommodates the A68 which passes through the landscape. The ‘hidden dips’ and blind summits’ on the road highlight the undulating topography and the straightness of Dere Street, the Roman road which it follows. This area often has a rectilinear character of stone walls and shelterbelts. Patches of broadleaved woodland occur along minor burns and ravines, adding local interest and a more intimate character. This landscape has an expansive, empty and marginal feel, reinforced by the dispersed pattern of farmsteads.

7.17 Overall, this character area is considered to be of moderate sensitivity to wind

turbine development. The intervisibility of this landscape means that siting must have regard to views from outside the landscape, including from the National Park. Consideration must also be given to the setting of historic features, such as the Grade II Eyecatcher situated 1.14km due south of the application site, within the landscape. It is considered that given the

openness of the landscape and the proposed position of the turbines, the turbines could be accommodated within the landscape without creating a significant adverse impact on the wider landscape character of the area or the historic features contained therein.

Visual Impact 7.18 Wind turbines are typically large, tall structures which, as a consequence, will

inevitably impact on the visual amenity of an area. The proposed wind turbines would be within proximity (460m) of the applicant's dwelling at Newonstead Farm. Other residential dwellings are located within 1.2km at Great Bavington and Grade ll and Grade ll* listed buildings are located between 1.2km and 1.9km. These are located at Homilton Farm, Easter House and Cottage, Presbyterian Church, Little Bavington, Church of St Aiden and near to St Aiden, Bavington Hall and west of Bavington Hall, Gazebo south east of Bavington Hall.

7.19 To assist in the assessment of the potential visual impact of the proposed

development, the Visual Impact Assessment submitted with application identifies an initial 5km Zone of Theoretical Visibility (ZTV). Some viewpoints were chosen to illustrate the effects of the proposed turbine on landscape character, designated landscapes and visual amenity and have been assessed. The extent of the visibility of the turbines as shown in the ZTV is theoretical as it does not take into account the potential screening effect of landscape features such as buildings and trees. However, it does identify those areas where the turbine would not be visible. In essence, the ZTV demonstrates a worst case scenario from which more detailed assessments of visual impact can be developed.

7.20 The ZTV analysis shows the following pattern:

The two wind turbines would have limited visibility within a 5km radius

Views beyond 5km would be negligible 7.21 The local area supports a network of minor to national graded footpaths,

bridleways and cycle ways. Many of these run along roads and farmlands connecting up with the small local settlements. A footpath runs east to west along the turbine field's northern boundary, approximately 87m from the site of the nearest turbine. This exceeds the fall distance of each of the turbines, which equates to the height of the turbines to blade top plus 10%. A bridleway transects the field from the north to south passing approximately 182m from the closest turbine. The St. Oswald's Way national trail runs north to south, cutting through Great Bavington approximately 950m east of the proposed turbine location. Further PRoW tracks, trails and paths transect the landscape from this main national trail. A further path runs north to south from Thockrington to north Heugh, approximately 1.6km to the west of the proposed development.

7.22 The National Cycle Route No.10 runs along local roads to the north and south

of the proposed site. 7.23 In relation to the view of the turbines from the aforementioned viewpoints and

the B6342 to the east and south, the visual impact is considered to be

negligible due to the topography of the land and its undulating nature. There is also a considerable level of hedgerows and mature tree screening, particularly from the south. It is therefore considered that the proposal would not result in an unacceptable visual impact.

Impact on landscape designations 7.24 The proposed site does not fall within any noted landscape designation of

national or local value. Within 15km there are five registered Parks and Gardens, Kirkharle Wall; approximately 4.6km northeast, Wallington; 6.6km northeast, Capheaton; 5.2km due east, Belsay Hall; 10km east of Nunwick; 10.1km southwest. Northumberland National Park at its closest lies 11.4km due north and continues westerly to the southwest of the site. The nearest conservation area lies within Great Bavington which is located 1.2km northeast. There are no other conservation areas within 5km of the proposed development. Given the distance of these from the proposed wind turbines, it is considered that the proposal would not result in an unacceptable visual impact on these sites and would not conflict with the purpose of the National Park such as to warrant refusal of planning permission.

7.25 The proposed turbines would be sited within an area of rough pasture land,

which would continue to be farmed as normal. There is no requirement for any access tracks or crane pads due to the small scale of the proposed wind turbines. There would be no loss of any landscape features or elements, with minimal change to the existing landscape characteristics. It is considered that the small scale of the turbines would relate well to other vertical elements found within the local landscape including the intermittent areas of woodland. The turbines would not be within any designated landscapes and would not therefore make a noticeable change to the settings of these designations.

Impact on residential receptors 7.26 A careful assessment of the significance of the visual impact at residential

properties must be carried out. It may the case that a wind turbine would be visible from a residential property, however, this need not necessarily mean that the effect would be adverse or significant. A number of elements contribute to the level of effect and can relate to the size of the turbine, the distance from the property to the turbine, the orientation of the property, the number of windows facing the turbine development, how internal space is used within the property, the local topography and existing vegetation etc. A significant number of appeal decisions have now been issued regarding wind farm development. These appeal decisions set out very clearly that in terms of the amenity of residential properties, a significant adverse visual impact on the residential property is not sufficient to refuse planning permission alone. It must be demonstrated that the proposed wind farm would result in a 'dominating' or 'overbearing' or 'oppressive' impact on a property that would result in unacceptable living conditions.

7.27 The nearest residential receptor is the farmhouse at Newonstead. From

turbine 1, the distance to the farmhouse would be 421m; from turbine 2 it would be 464m. The turbines would appear as a prominent feature when viewed in a south-westerly direction from the farmhouse (applicant’s dwelling).

7.28 The nearest settlement to the turbines site is Great Bavington, which lies approximately 1.2km north-east of the proposed development location. Little Bavington is located 1.5km to the south-southeast and Thockrington is located 1.6km to the west. Views of the turbines may be possible from Great Bavington, but these are expected to be partly screened by intervening trees and the buildings within Great Bavington and due to the topography of the land. From the unnamed road and the B6342 junction west of Little Bavington, users of this road would have intermittent views of the development, with only the rotor and blades visible against the skyline in most areas. The small scale of the turbines would allow them to be absorbed by the undulating landscape which is scattered with agricultural and residential structures and infrastructure. The turbines would be barely visible from the byway tract just off the B6342 leading to the Hallington Reservoir due to intervening, mature vegetation forming field edges and road side corridors. Intervening patches of woodland would obscure the development from road users travelling on this route.

7.29 The Thockrington Hamlet is perceived as a small element within this small-

scale farming landscape. The turbines' blade tips may interrupts the furthest horizon however intervening woodland, local to the turbines, would screen the towers. Some partial screening may also be available from the small shelterbelts of trees within the immediate landscape around the hamlet. From the Romano-British Farmstead of Quarry house, due to the intermittent tree lines, the turbines would appear as minor vertical elements on the distant horizon. In conclusion therefore due to the surrounding fluctuating topography, small size of the wind turbines and buildings, the extend of the potential visibility of the two turbines is reduced and as such, would unlikely cause any unacceptable significant changes to the existing landscape and visual amenity.

Cultural Heritage 7.30 The application site has been used for agricultural purposes for many years

and is a pasture field with no known cultural, historical or archaeological significance. Heritage assets assessed include both designated sites including Listed Buildings, SAMs, World Heritage Sites and Registered Parks and Gardens (within 2km) and non-designated sites including those identified in the National Monument and Sites and Monuments Records. The following designated heritage assets have been recorded:

1. Grade II* Church of St. Aidan, Thockrington: approx. 1.7km due west of

the subject site 2. Grade II Cross base c. 12 years south of Church of St. Aidan,

Thockrington: approx. 1.71 due west of the subject site 3. Grade II Milestone c. 2 miles west of little Bavington: approx. 1.36km

due south west of the subject site 4. Grade II Eyecatcher c. ¼ mile south-west of Homilton Farm: approx.

1.14km due south of the subject site 5. Grade II milestone c. 300 yards west of Little Bavington: approx.

1.43km due south east of the subject site 6. Grade II* Bavington Hall and Grade II garden wall and attached sheds

west of the Hall: approx. 1.89km due south east of the subject site

7. Great Bavington Conservation Area including Grade II Presbyterian Church and Grade II Easter house and Cottage: approx. 1.4km due north east of the subject site

8. Grade II Ladywell Farmhouse: approx. 2.50km due north east of the subject site

9. Grade II Merry Shiels Farmhouse and attached farm buildings: approx. 3.24km due north east of the subject site

10. Grade II West Harle Farmhouse: approx. 3.14km due north east of the subject site

11. Grade II Registered Park and Garden - Kirkharle Hall including the following listed buildings within the survey catchment:

Kirkharle Manor - Grade II listed

Kirkharle Farmhouse - Grade II listed

Church of St. Wilfrild - Grade I

Gate piers and wall south-west of Church of St. Wilfrid - Grade II 7.31 Views to and from the Grade II* Church of St. Aidan, Thockrington are

obscured by the undulating terrain of the development site and by the inclusion of plantation west of the site. It is considered that the turbines would not be harmful to the setting of the Church.

7.32 The Grade II Eyecatcher is situated in an elevated position due south of the

subject site. While this is visible from the subject site it is considered that the presence of the wind turbines would not interrupt or negatively impact the heritage assets setting. In relation to the following listed buildings: Ladywell, Merry Shiels, West Harle and Kirkharle Hall inspection of these sites and the exploration of views to and from the subject site have determined that the proposed development would not be viewed due to the character of the landscape and distance to the site.

7.33 Whilst the proposed development would result in a change in the landscape it

is considered that this would not significantly alter the way the aforementioned designated heritage assets are understood or enjoyed within their setting. As such it is considered that the development of 2 no. 19.9m wind turbines is not capable of changing the significance of the designated heritage assets at Newtonstead, Great and Little Bavington, Thockrington and Kirkharle allowing them to remain easily readable. Nor is it anticipated that the Scheduled Monument to the south of the site would be significantly affected. Paragraph 134 of the NPPF advises that where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal. It has been demonstrated that the proposed two turbines would not conflict with the objectives of this part of NPPF.

Cumulative Impact 7.34 Cumulative impact can be caused by combined visibility or sequential effect.

Combined visibility may be either 'in combination' where more than one wind development is visible within an observer's arc of vision or 'in succession' where the observer has to turn their head to see multiple wind developments. In addition to the above cumulative impact can be sequential when an observer has to move between viewpoints to see different developments.

7.35 Two other wind farms can be seen in conjunction with the proposed two turbines. To the northwest within approximately 6km is the operational Greenrigg Wind Farm incorporating 18 turbines at 110m. To the southeast at approximately 4.5km is 3 operational wind turbines at 66.5m high at Kirkheaton. Planning permission was granted in November 2013 for one wind turbine at Bavington Mount at 61m high. Permission has also been granted for one small turbine at Little Bavington.

7.36 In assessing the cumulative impact of the introduction of a further two wind

turbines, it is considered that the proposed turbine would not result in a significant cumulative impact either in combination or sequence with existing wind turbine and wind farm developments. The height of the turbines is such that they are on a much smaller scale than the 18 at Greenrigg (110m) and the 3 at Kirkheaton (66.5m). This is coupled with the turbines being sited within a slight dip within the proposal site. Cumulatively, it is considered that an additional two turbines on a much smaller scale and at a lower level that those existing would be negligible in terms of increased cumulative impact and would not warrant refusal on that basis.

Impact on Residential Amenity 7.37 Wind turbines have the potential to impact on the level of residential amenity

experienced by receptors within properties. A number of elements contribute to the level of impact experienced by such receptors, just because a turbine development is visible from a residential property does not mean that any resultant effect would be adverse or significant. The elements influencing the level of impact could be the size of the turbine, the distance between the property and the turbines, the orientation of the property, local topography and existing vegetation etc. An appropriate assessment will follow;

7.38 The proposed wind turbines would be located in an area of low population

density with the nearest receptor being the applicant's farmhouse at 421m away. The applicant has a financial interest in Newonstead Farm and therefore the level of weight to be attached to any potential impact is reduced.

7.39 The Hamlet of Great Bavington is located 1.2km to the east. Views of the

turbines would be completely obscured by undulating pastureland and hedgerows. The noise environment in the surrounding area is generally characterised by natural sources such as wind, rustling vegetation and birds, and agricultural vehicle movements.

7.40 Little Bavington is located 1.5km to the south-southeast of the site. Views of

the turbines would be completely obscured by Divehill quarry resulting in no views at all from Little Bavington.

7.41 In assessing any potential noise issues, paragraph 123 if the NPPF requires

Local Planning Authorities to avoid noise giving rise to significant adverse impacts on health and quality of life. The planning practice guidance note (July 2013) states that ETSU-R-97 should be used by Local Planning Authorities when assessing and rating noise from wind energy developments.

7.42 A noise report has been carried out and submitted by the applicant. The

assessment concluded that the predicted noise levels from the proposed wind

turbines would fall below the derived noise limits at all of the assessment locations. It can therefore be assumed that the amenity of any receptor would not be compromised by the wind turbines development and a background noise survey would not be required. Part of the objection received from the Parish Council referred to the potential for noise disturbance. However, as stated, the noise tests undertaken demonstrate that no significant noise issues have been raised.

7.43 Effects of shadow flicker have been proven to occur within 10 times the rotor

diameter of a turbine. The applicant has submitted a diagram which shows there are no windows or sensitive points within the shadow flicker zones of interest therefore any effect due to shadow flicker from the proposed turbines is likely to be minor and of short duration.

Impact on the Highway 7.44 The proposed site for development is situated within agricultural farmland

associated with Newonstead Farm. The nearest public road to the site is the B6342, which is located approximately 2km to the east and 1.5km to the south. Access to the site and Newonstead Farmhouse is provided from the B6342 by an unclassified road which passes through established undulating pastureland and the hamlet of Great Bavington. An agricultural track bounded by stone walls provides entry into the subject field. This is bounded to the north-west, west and south-west by plantations, having escarpments and crags to the south, east and north which provide visual buffers to and from the site. Due south of the subject site lies Divethill quarry, this whinstone edge also interrupts views from the B6342 to the site resulting in the proposed development site being obscured and not visible.

Impact on Ecology 7.45 The applicant has submitted an ornithological assessment report which has

been considered by the Council's Ecologist. The Ecologist agrees with the findings of the report in that the proposed turbines are unlikely to have a significant effect on the bird assemblage present, however, it is evidenced in the report that Peregrine Falcon which breed at the nearby Divehill Quarry are unlikely to be affected.

7.46 In addition, the site boundary consists of post and rail fencing and dry-stone

walls, rather than hedgerows, which means that the site is unlikely to be used by bats. There is a small risk that ground nesting birds could be present in locations where the turbines are to be sited. All wild birds and their nests are protected when in use and this will therefore need to be accounted for before any works commence (normally March - August inclusive). A condition has therefore been attached in this regard.

7.47 The application site is within 5km (926m northeast of the installation site) to

the Bavington Crags Site of Special Scientific Interest (SSSI). Natural England has been consulted on this proposal and is satisfied that the proposed development being carried out in strict accordance with the details of the application, as submitted, would not damage or destroy SSSI. It is therefore considered that the SSSI does not represent a constraint in determining this application.

Impact on Hydrology 7.48 The proposed development site at Newonstead Farm is not located within an

area which is deemed to be at risk from flooding. A full Flood Risk Assessment is not therefore required. All potential ground water issues have been located and considered during the design of this project. The turbines would be sited a minimum distance of 50m to avoid any impact on water sources and drains. As there are no waste materials produced during the construction, operation or decommissioning of wind turbines, there is no risk of groundwater contamination.

Impact on Aviation 7.49 Newcastle International Airport has been consulted in the proposal. A Radar

Impact Assessment submitted with the application has been assessed by the Aerodrome Safeguarding Team. Confirmation has been received from the Airport that they are satisfied that the proposed turbines would not be visible to Newcastle International Airport's Primary Surveillance Radar and no objection is raised. The Ministry of Defence has also been consulted and has concluded that they have no objection.

8.0 Conclusion 8.1 National, regional and local planning policies together with national energy

policy provide a positive framework for encouraging renewable energy development. The proposed wind turbines have the potential to make a contribution to the production of electricity from a renewable resource and to contribute to the regional targets for renewable energy generation.

8.2 The two turbines would occupy a small portion of the landscape. Views of the

turbine would become less prominent over 2km from the site and the nature of the existing topography, built environment and vegetation would limit the visibility of the structures. It is therefore considered that the proposed turbines would not have a significant impact in terms of landscape and visual impact.

8.3 The applicant has demonstrated that the proposed development would not

result in unacceptable adverse impact on local residents in terms of noise and shadow flicker, subject to conditions. It has equally been demonstrated that many views would be obscured by trees and hedgerows, and also as a consequence of the topography of the land. Furthermore, a full appraisal of the application has demonstrated that there would not be a significant adverse impact on ecology (subject to conditions), hydrology or aviation.

8.4 The proposed two turbines are considered to be consistent with national,

regional and local planning policy guidance. On balance, the potential benefits of sustainable renewable energy from a local source are considered sufficient to outweigh the potential impacts on the character of the local landscape and visual and residential amenity. It is therefore recommended that planning permission be granted as set out below.

9. Recommendation That this application be GRANTED permission subject to the following: Conditions/Reason 01. The development hereby permitted shall be begun before the expiration of

three years from the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended)

02. This permission is for a period of 25 years from the date the development first

exports power to the electricity grid. The developer shall notify to the Local Planning Authority in writing no later than one month after the making of such connection.

Reason: To ensure that the approved development is carried out in complete accordance with the approved plans.

03. The development hereby approved shall be carried out in accordance with the

approved plans listed below:

Plans: • Newonstead Site Layout Plan Scale 1:1250 • Drawing No. KWI-15-KW-15-231 Dated 08-07-2013 • Amended Boundary Map Received 6 February 2014 Documents: • Application form • Planning Supporting Statement by NEO Environmental Planning

Consultancy • KW15 Wind Turbine Planning support Document Kingspan Wind

. Muir Bowden and Consultancy – Radar Clutter Assessment

Reason: To ensure that the approved development is carried out in complete accordance with the approved plans.

04. Prior to the commencement of development, a construction method statement

shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the construction of the development shall only be carried out in accordance with the approved statement. The construction method statement shall include measures to secure:

a) Details of the site compound including temporary structures, fencing,

parking and storage of materials provision to be used in connection with the construction of the development together with the reinstatement provision on completion of construction;

b) Any excavation works on site; c) Dust and noise management; d) A settlement facility for removing suspended solids from surface water

run-off during construction works; e) Cleaning of site entrances and adjacent public highway;

f) Pollution control measures in respect of:

Water courses and ground water

Subsoil

Bunding and storage areas

Foul sewerage g) Temporary and permanent site illumination including proposed lighting

levels together with the specification of any lighting; h) Details of the methods to be adopted to reduce the effects of noise

occurring during the construction period to acceptable levels in accordance with BS 5228;

i) Disposal of surplus materials; j) Vibration control during construction; k) Details of timing of works; l) Details of surface treatments and the construction of all hard surfaces

and tracks.

Reason: To minimise disturbance to residents during the construction process.

05. 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 be limited to 07:30 to 18:00 Monday to Friday and 07:30-13:00 Saturdays. No work or associated traffic movements shall take place on Sundays or Bank Holidays unless otherwise previously agreed in writing by the Local Planning Authority. Emergency works may be carried out at any time provided that the Company/Operator retrospectively notifies the Local Planning Authority of the emergency within 24 hours.

Reason: To minimise disturbance to residents during the construction process.

06. Prior to the erection of the wind turbines details of the colour and finish of the

tower, nacelles and blades shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and the colour and finishes of the wind turbines shall not be changed without the prior consent in writing of the Local Planning Authority.

Reason: To minimise disturbance to local residents for the duration of the turbine being operational.

07. All electrical cabling between the turbine and the on site connection building

shall be installed underground.

Reason: To minimise visual impact. 08. The two turbines shall be located in accordance with the location plan entitled

Newonstead Farm Site Location. Any changes to the location of turbines must first be submitted to and approved in writing by the Local Planning Authority.

Reason: To minimise visual impact.

09 All development shall fully comply with the Ornithological Assessment of an Area of Land South of Newonstead, Great Bavington, Northumberland by E3 Ecology Ltd. No vegetation clearance shall be undertaken between 1 March and 31 August unless an ecologist has first confirmed that no birds nests that are being built or are in use, eggs or dependent young will be damaged or destroyed.

Reason: To protect nesting birds, all species of which are protected by law.

10. Prior to the commencement of construction works a site compound for

storage of materials, machinery and operative parking shall be provided off the highway, and shall be maintained and reserved for that purpose during the entire construction period.

Reason: In the interest of highway safety.

11. All HGV’s carrying spoil or construction materials to/from the site shall be

sheeted to prevent spillage or deposit of any materials on the highway.

Reason: In the interest of highway safety. 12. The turbines shall be erected at the following coordinates:

Turbine No.1: E: 97439 N: 79404 Turbine No.2: E: 97484 N: 79358

Any proposed variation to the indicated position of either turbine may be permitted by up to 10 m in any direction. A scheme providing a justification for the proposed micro-siting and a plan showing the position of the revised turbine shall be submitted to and approved in writing by the Local Planning Authority prior to the construction of that turbine. The revised scheme shall then be implemented in full.

Reason: To allow minor adjustments in the positioning of turbines depending on the suitability of the land and wind direction.

13. The following details shall be provided to the Local Planning Authority and a

copy sent to the Ministry of Defence within 28 days of the completion of the construction of the turbine hereby approved: • The date constructions starts and ends • The maximum height of construction equipment, and • The latitude and longitude of the turbine.

Reason: In the interests of aviation interests.

14. In accordance with condition 2, no later than 12 months before the expiry of

the 25 year period of planning permission, a Decommissioning Method Statement covering all aspects of the decommissioning process, and a scheme for the restoration of the site, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out and completed within 12 months of the expiry of the planning permission hereby granted. The scheme shall include the removal of all areas of hard

standing and turbine bases to a depth of 1000mm. The voids shall then be filled with 800mm of subsoil followed by 200mm of top soil.

Reason: To ensure the development site is appropriately restored.

15. If the wind turbines hereby permitted cease to operate for a continuous period

of 12 months, a scheme for the decommissioning and removal of the wind turbines’ generator and any ancillary equipment and structures relating to the turbine, shall be submitted to and approved in writing by the Local Planning Authority within 2 months of the cessation period. The wind turbine generator and any ancillary equipment and structures shall be decommissioned and removed in accordance with that approved plan within 6 months thereafter.

Reason: To ensure the development site is appropriately restored.

16. Prior to the commencement of development a scheme to investigate any

potential interference to terrestrial TV and Radio caused by the operation of the turbines shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include but not be limited to a method for identifying the properties including survey distances, a list of all properties potentially affected, and details of proposed mitigation measures. Should any validate complaint be received within 12 months of the first export of power to the grid, the approved mitigation measures shall be implemented within 1 month of the complaint being validated by the Local Planning Authority.

Reason: In the interests of residential amenity.

17. The noise emitted from the wind turbine, as measured in accordance with the

guidelines stated within ETSU-R-97, at the curtilage boundary of any dwelling(as in existence at the time of this permission), shall not exceed 35dB(A)L90,10min at wind speeds of up to 10m/s at 10m height. The measurements shall be made in accordance with the methodology detailed in "ETSU-R-97: The Assessment and Rating of Noise from Wind Farms" and the noise emission values for the wind turbines shall include the addition for any tonal penalty as recommended in the same document.

Reason: In the interests of protecting residential amenity.

18. The noise emitted from the wind turbines, as measured in accordance with

the guidelines stated within ETSU-R-97, at the curtilage boundary of any dwelling (as in existence at the time of this permission), with a financial interest in the development, or a financial interest with turbines that have a cumulative impact with this development, (at the time of the complaint), shall not exceed 45dB(A)L90, 10min at wind speeds of up to 10m/s at 10m height. The measurements shall be made in accordance with the methodology detailed in “ETSU-R-97”: The Assessment and Rating of Noise from Wind Farms” and the noise emission values for the wind turbines shall include the addition for any tonal penalty as recommended in the same document.

Reason: In the interests of protecting residential amenity.

19. Within 21 days from receipt of a written request from the Local Planning Authority following a written and justified complaint to it alleging noise disturbance at a dwelling, the wind turbine operator shall, at its expense, employ an independent consultant approved by the Council to assess the level of noise emissions from the wind turbine at the complainant's property in accordance with procedures described in “The Assessment and Rating of Noise from Wind Farms, ETSU-R-97” published by ETSU for the Department of Trade and Industry and submit a report on the consultant’s findings to the Local Planning Authority. If noise levels are found to exceed those stated in condition no. 20 appropriate mitigation measures shall be included within the report and the measures as approved shall be implemented in accordance with a timescale also approved by the Local Planning Authority.

Reason: In the interests of protecting residential amenity.

20. Prior to the commencement of the development hereby permitted details of

the selected wind turbines (if different from the candidate wind turbine) to be installed shall be submitted to, and approved in writing by, the Local Planning Authority. Details of such equipment shall include the noise certification credentials, mode of operation, technical controls and location and distance from the nearest dwelling, shown on a scale plan.

Reason: In the interests of protecting residential amenity.

21. Where wind speed is measured at a height other than 10m, the wind speed

data shall be converted to 10m height and details of the conversion method used shall be provided to the Local Planning Authority.

Reason: In the interests of protecting residential amenity.

22. No action shall be taken to disturb the Bavington Public Bridleway surface,

without prior consent from the Local Planning Authority in conjunction with the Highway Authority, obstruct the Bridleway or in any way prevent or deter public use without the necessary temporary closure or Diversion Order having been made, confirmed and an acceptable alternative route provided.

Reason: To protect the Bridleway from damage and in the interests of public safety.

Date of Report: Background Papers: Planning application file(s) 13/03582/RENE

List and Comments of representations received:-

Name Address Summary of Comments

Keith Brogden

The Joint Radio

Company Limited

Dean Bradley

House

52 Horseferry

Road

London

SW1P 2AF

Dear Sir/Madam,

Planning Ref: 13/03582/RENE

Name/Location: Newtonstead

Total 2 turbines at NGR:

T1 397439 579404

T2 397484 579358

Hub Height: 15m Rotor Radius: 5m

(defaults used if not specified on application)

Cleared with respect to radio link infrastructure

operated by:-

Northern Powergrid (Northeast) Limited and

Northern Gas Networks

JRC analyses proposals for wind farms on

behalf of the UK Fuel & Power Industry and

the Water Industry in north-west England. This

is to assess their potential to interfere with

radio systems operated by utility companies in

support of their regulatory operational

requirements.

In the case of this proposed wind energy

development, JRC does not foresee any

potential problems based on known

interference scenarios and the data you have

provided. However, if any details of the wind

farm change, particularly the disposition or

scale of any turbine(s), it will be necessary to

re-evaluate the proposal.

In making this judgement, JRC has used its

best endeavours with the available data,

although we recognise that there may be

effects which are as yet unknown or

inadequately predicted.JRC cannot therefore

be held liable if subsequently problems arise

that we have not predicted.

It should be noted that this clearance pertains

only to the date of its issue. As the use of the

spectrum is dynamic, the use of the band is

changing on an ongoing basis and

consequently, developers are advised to seek

re-coordination prior to considering any design

changes.

Regards

Keith Brogden

Wind Farm Team

Mr Alan Black

Cemex UK

Cragmill Quarry

Crag Mill Road

Belford

Northumberland

NE70 7EZ

As a neighbour Cemex UK, Divethill Quarry)

we have no objection to the proposed erection

of two turbines on Newonstead as it can have

no detrimental effect on our activities.

On a more general note I am in favour of

individual and national uptake of green energy

initiatives which can make communities more

self sufficient and feel these should be

encouraged at every opportunity.

Mr Nick Hodkinson

Newonstead

Cottage

Newonstead

Kirkharle

Newcastle Upon

Tyne

Northumberland

NE19 2BJ

We are the closest non financially interested

party residing at Newonstead Cottage,

approximately 50m from the applicant’s

property, and only 476m from the nearest

turbine. Our formal objection is on the

following grounds:

1. The acoustic assessment shows a noise

level of 33 dBA up to a wind speed of 10m/s at

10m height for the non owned receptor. This is

very close to the allowable limit of 35dBA and

has been conducted without a background

noise level survey calculation. This is of great

concern to us as we are downwind of the

prevailing wind and are unable to verify the

accuracy of these calculations.

2. The location plan and maps are misleading

in that the ownership boundary fails to show

the property and surrounding fields of 7

hectares owned by Newonstead Cottage. This

gives a misleading impression of the vicinity of

the nearest non financially interested party.

Many thanks