Whinash Wind Farm: Inspector’s Report
Report to the Secretaries of State for Trade and Industry; and for Environment, Food and Rural Affairs / The Planning InspectorateTemple Quay House
2 The Square
Temple Quay
Bristol BS1 6PN
( GTN 1371 8000
by David M H Rose BA (Hons) MRTPI
an Inspector appointed by the Secretary of State for Trade and Industry, with the agreement of the Secretary of State for Environment, Food and Rural Affairs / Date: 3 February 2006
Whinash Wind Farm
Concurrent Public Inquiries opened on 19 April 2005
ELECTRICITY ACT 1989 (SECTION 36 AND SCHEDULE 8)TOWN AND COUNTRY PLANNING ACT 1990 (SECTION 90)
LAW OF PROPERTY ACT 1925 (SECTION 194)
INCLOSURE ACT 1845
COMMONS ACT 1876
Applications by Chalmerston Wind Power Limited for:-
(i) consent to construct and operate a 67.5MW wind turbine generating station under Section 36 of the Electricity Act 1989; and
(ii) consent to construct 24 wind turbines, access tracks, temporary hardstandings, 2 meteorological masts and an electricity substation, on common land, under the provisions of Section 194 of the Law of Property Act 1925
CONTENTS
A: INTRODUCTION
Summary of Recommendations page 3
The Applications and the Scope of the Inquiries page 3
The Site and its Surroundings page 6
The Format of the Report page 7
The Policy Framework page 9
B: THE SECTION 36 ELECTRICITY ACT APPLICATION
The Case for Chalmerston Wind Power Limited
The Policy Framework page 11
The Justification for the Site page 13
Visual/Landscape Impact page 13
The Impact on Recreation, Footpaths and Bridleways page 19
Noise Impact page 20
The Effect on Nature Conservation and Fauna page 21
The Effect on Hydrology, Hydrogeology and Water Supplies page 23
Decommissioning and Long Term Management and Restoration of the Site page 24
Other Matters page 25
The Planning Balance page 26
Planning Conditions page 27
The Case for the Consortium of Local Authorities
The Policy Framework page 28
The Justification for the Site page 29
Visual/Landscape Impact page 31
The Planning Balance page 35
Planning Conditions page 37
The Case for the Countryside Agency
Introduction page 37
The Policy Framework page 38
Visual/Landscape Impact page 39
The Planning Balance page 47
The Case for the Friends of Bretherdale
The Policy Framework page 47
The Justification for the Site page 48
Visual/Landscape Impact page 49
The Impact on Recreation, Footpaths and Bridleways page 53
The Effect on Nature Conservation and Fauna page 54
The Effect on Hydrology, Hydrogeology and Water Supplies page 55
Decommissioning and Long Term Management and Restoration of the Site page 55
The Planning Balance page 55
Planning Conditions page 56
The Case for Friends of Eden, Lakeland and Lunesdale Scenery (FELLS)
Introduction page 56
The Policy Framework page 56
The Planning Balance page 60
Planning Conditions page 60
The Case for the No Whinash Windfarm Committee (NWW)
Introduction page 60
The Justification for the Site page 60
Visual/Landscape Impact page 61
The Impact on Recreation, Footpaths and Bridleways page 62
The Effect on Nature Conservation and Fauna page 63
The Effect on Hydrology, Hydrogeology and Water Supplies page 63
Other Matters page 63
Planning Conditions page 64
Written Representations on behalf of NWW page 65
The Case for Interested Parties and Persons
The Policy Framework page 66
Visual/Landscape Impact page 67
The Impact on Recreation, Footpaths and Bridleways page 68
Noise Impact page 69
The Effect on Nature Conservation and Fauna page 70
The Effect on Hydrology, Hydrogeology and Water Supplies page 70
Other Matters page 71
Planning Conditions page 71
Written Representations page 72
C: THE SECTION 194 APPLICATION
The Case for Chalmerston Wind Power Limited page 77
The Case for the Countryside Agency page 79
The Case for the Friends of Bretherdale page 80
The Case for the Open Spaces Society page 81
The Case for the Commoners page 82
D: CONCLUSIONS AND RECOMMENDATIONS
Introduction page 83
THE SECTION 36 ELECTRICITY ACT APPLICATION
The Policy Framework page 83
The Justification for the Site page 84
Visual/Landscape Impact page 85
The Impact on Recreation, Footpaths and Bridleways page 88
Noise Impact page 88
The Effect on Nature Conservation and Fauna page 89
The Effect on Hydrology, Hydrogeology and Water Supplies page 90
Decommissioning and Long Term Management and Restoration of the Site page 91
The Impact on Commoners page 91
Other Matters page 91
The Planning Balance page 92
Planning Conditions and Planning Obligation page 93
THE SECTION 194 APPLICATION page 94
SUMMARY CONCLUSIONS page 95
RECOMMENDATIONS page 96
E: APPENDICES
APPENDIX A – Appearances at the Inquiries page 97
APPENDIX B – Documents List page 102
APPENDIX C – Summary of Planning Obligation page 123
APPENDIX D – Draft Planning Conditions page 124
A: INTRODUCTION
Summary of Recommendations:-I recommend that consent be refused for both applications.
The Applications and the Scope of the Inquiries
1.1 The concurrent Inquiries into the proposed Whinash Wind Farm considered:-
o an application by Chalmerston Wind Power Limited, dated 29 September 2003, to the Secretary of State for Trade and Industry for consent under Section 36 of the Electricity Act 1989 for the construction and operation of a 67.5MW wind turbine generating station at Whinash, Bretherdale and Roundthwaite Commons, Borrowdale, near Tebay: and a direction under Section 90(2) of the Town and Country Planning Act 1990 that planning permission for such development be deemed to be granted (the Section 36 application) [File ref: GDBC/001/00135C];[1]
o an application by Chalmerston Wind Power Limited, dated 12 March 2004, to the Secretary of State for Environment, Food and Rural Affairs for consent to construct 24 wind turbines, access tracks, temporary hardstandings, 2 meteorological masts and an electricity substation, all on common land, under the provisions of Section 194 of the Law of Property Act 1925 at Roundthwaite and Bretherdale Commons in the Parish of Tebay, District of Eden and County of Cumbria (the Section 194 application) [File ref; CLI 96].
1.2 I opened the Inquiries on 19 April 2005 at the Shap Wells Hotel, Cumbria and closed them on 17 June 2005, having sat on 27 days. I also sat on the evening of 18 May 2005 to hear representations on the Section 194 application. Accompanied site visits were made on 9 May, 16 June (which was abandoned due to adverse weather), 20 and 21 June and 17 August 2005. Unaccompanied site visits after the close of the Inquiry, including visits to wind farms at Cairn Uish and Cefn Croes, were carried out over another 6 days. I walked extensively within the site, its immediate surroundings and I visited most of the principal viewpoints referred to in the evidence, with omissions being on the basis that I had already seen representative views. I held pre-Inquiry meetings on 30 November 2004 and 31 January 2005.[2]
1.3 The Section 36 application proposes:-
o the erection of 27 wind turbine generators, each between 2.5 - 3.0MW, with a hub height of 70 metres and a turbine radius of 45 metres, giving an overall height to blade tip of 115 metres;
o the construction of approximately 16.7 kilometres of new access tracks and hardstandings; and the erection of 2 x 70 metre meteorological masts;
o the installation of underground 33kV electrical cabling circuits and associated underground cable route construction works; (including underground cabling between the substation and existing overhead 132kV line which lies 100 metres to the west of the A6;
o the construction of a 33kV/132kV substation and associated works (including switch room and transformer);
o ancillary development including temporary construction compound and hardstanding areas.
1.4 The majority of the application site, on which the proposed turbines and substation would be constructed, lies within Eden district adjacent to, but outside, the Lake District National Park. An underground cable would connect the development to an existing pylon and overhead line within the National Park. It is intended that the wind farm would operate for a maximum of 25 years.
1.5 The application was accompanied by an Environmental Statement. Later Supplementary Environmental Information was provided on a voluntary basis for the purposes of reviewing and updating the information.
1.6 The application was accompanied by a site location plan and a site layout plan (Figures 1 and 3 in the Environmental Statement). The site layout is now Figure 27 of the Supplementary Environmental Information; and Figure 28 of the same document shows details of the meteorological masts. A typical turbine and typical substation are shown in Figures 4 and 7 of the Environmental Statement. [3] The application attracted a large number of representations to the Department of Trade and Industry.
1.7 A Planning Obligation by Unilateral Undertaking, given by the Applicant and the owners of the site to Eden District Council, is dated 23 June 2005.[4] Its main provisions are summarised in Appendix C attached to this report. A Deed of Covenant, dated 24 March 2005, commits the Applicant to establishing a charitable trust (The Whinash Wind Farm Community Trust) which will be funded by income generated by the sale of electricity from the site to a maximum of £67,500/year (subject to the application of the Retail Price Index).[5]
1.8 The Section 194 application proposes works on 3 separately registered areas of common land namely:-
o Common Land Unit CL108 – Bretherdale Bank (extending to 203.75 hectares);
o Common Land Unit CL100 – Bretherdale Common (extending to 202.59 hectares);
o Common Land Unit CL41 – Roundthwaite Common (extending to 382.83 hectares).[6]
1.9 Three of the proposed turbines (5, 6 and 7) lie outside the above common land units which are the subject of registrations under the Commons Registrations Act 1965. That portion of the site which forms part of Roundthwaite Common (CL41) is presently subject to Section 193 of the Law of Property Act 1925 (public rights of access for air and exercise) by virtue of a revocable declaration by deed. Similar rights do not apply to either Bretherdale Common or to Bretherdale Bank which have rights of common for grazing. The Countryside and Rights of Way Act 2000 has extended rights of public access to all common land not already subject to such rights.[7]
1.10 The relevant site layout plan is, like the Section 36 application, Figure 27 in the Supplementary Environmental Information. The total area of the affected commons is 789.17 hectares and the area disturbed by the development would be in the order of 9 hectares, representing some 1.14% of the available commons. Temporary fencing would be required for the construction compound for a period up to one year and around the individual turbines for a maximum of one month.[8]
1.11 The Statement of Matters, served by the Secretary of State for Trade and Industry on 27 October 2004, identified the following matters that were likely to be relevant to the consideration of the proposed development:-
(1) the extent to which the proposed development is consistent with the objectives of policies DP2, DP3, SD8, RU2, ER2, ER5 and ER13 of the Regional Planning Guidance for the North West (RPG 13 – March 2003);[9]
(2) the extent to which the proposed development is consistent with the objectives of policies 2, 5, 11, 12, 17, 18, 54 and 56 of the Cumbria and Lake District Joint Structure Plan 1991 - 2006 (November 1995);[10]
(3) the extent to which the proposed development is consistent with the objectives of policies G1 and G2 of the Supplementary Planning Guidance “Wind Energy Development in Cumbria” (July 1997);[11]
(4) the extent to which the proposed development is consistent with the objectives of policies ST1, ST8, ST9, E31, E32, E33, R39, R40 and R42 of the Cumbria and Lake District Joint Structure Plan 2001 - 2016 (Deposit Plan – May 2003);[12]
(5) the extent to which the proposed development is consistent with the objectives of policies NE1, NE4, NE5, NE13, S5 and RE1 of the Lake District National Park Local Plan (May 1998);[13]
(6) the extent to which the proposed development is consistent with the objectives of policy NR2 of the Eden Local Plan (December 1996);[14]
(7) the extent to which the proposed development is consistent with the objectives of HMG’s policy on energy as set out in the Energy White Paper entitled “Our energy future – creating a low carbon economy” (Cm 5761 February 2003);[15]
(8) the justification for the site and what other sites were considered and the reasons why they were discounted;
(9) the visual impact of the proposed development;
(10) the impact of the proposed development on the recreational value of the site;
(11) noise, including low frequency noise, generated from the operation of the proposed development;
(12) the implications of the proposed development for areas of nature conservation interest and on fauna;
(13) the implications of the proposed development on hydrology and hydrogeology both during the construction and operation;
(14) the implications of the proposed development on groundwater, aquifers and local water supplies particularly taking into account the impact on domestic water supplies in Bretherdale and local farms;
(15) the impact on users of Public Footpaths and Bridleways which cross or pass nearby the site;
(16) the impact on Commoners; and
(17) the decommissioning and long term management and restoration of the site.
In addition, the following matter was identified as relevant to the consideration by the Secretary of State for Environment, Food and Rural Affairs of the application made under Section 194 of the Law of Property Act 1925:
(18) whether, having regard to the ‘benefit of the neighbourhood’ and the ‘private interests’ in the land, it is appropriate that consent should be given.
1.12 In reporting the cases for the parties, and in my conclusions, I group the matters under the following headings as follows:
o The Policy Framework (Matters 1 - 7)
o The Justification for the Site (Matter 8)
o Visual/Landscape Impact (Matter 9)
o The Impact on Recreation, Footpaths and Bridleways (Matters 10 & 15)
o Noise Impact (Matter 11)
o The Effect on Nature Conservation and Fauna (Matter 12)