Planning Application Reference No: A150068

PLANNING APPLICATION REFERENCE NO: A150068

REPORTED TO THE DEVELOPMENT CONTROL COMMITTEE ON THE 9TH DECEMBER 2015.

DECISION: APPROVE, SUBJECT TO CONDITIONS

PLANNING PERMISSION DATE: 10TH DECEMBER, 2015

CASE OFFICER: CATRIN NEWBOLD

RECOMMENDED CONDITIONS:

CODE: / CONDITION: / ORDER:
L2a / Commencement (Full) / 1
L.3.e / (List of approved plans to be listed here) / 2
Non-standard / The wind turbine hereby granted full planning permission shall not have an overall height (measured to the tip of the blades) exceeding 45.07m metres, nor shall it have a hub height exceeding 30.52 metres and it shall not have a rotor diameter exceeding 29.1 metres.
Reason: In the interests of the visual amenities of the locality and for the avoidance of doubt. / 3
Non-standard / The wind turbine shall not display any prominent name, sign, symbol or logo on its external surfaces, unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of the visual amenity of the area. / 4
Non-standard / The wind turbine hereby granted planning permission shall not be externally lit for any purpose, unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of visual amenity. / 5
Non-standard / Unless otherwise agreed in writing by the Local Planning Authority, prior to the commencement of the authorised development a survey of baseline television and radio reception shall be carried out at those properties agreed by the local planning authority. The survey shall be carried out by consultants appointed by the developer but agreed by the local planning authority and the results shall be made publicly available. Complaints regarding quality of television or radio reception shall be considered by the local planning authority against the baseline survey and the developer shall, where so directed by the Local Planning Authority, employ best practicable means to ensure that quality of reception is maintained throughout the life of the wind farm.
Reason: To ensure that television and radio reception is unaffected by the development. / 6
Non-standard / No heavy commercial vehicle traffic, plant, machinery or earthmoving equipment associated with the construction, maintenance, repair or decommissioning of the development shall enter or leave the site on any Sunday or Bank Holiday nor on any other day except between the following times:
Monday to Friday 0700-1900
Saturday 0800-1700
unless such movement:
(i)  is an abnormal load;
(ii)  is a crane under escort; or
(iii)  is carried out with the prior written approval of the Local Planning Authority or relevant highways authority.
Reason: In the interests of amenity and the free flow and safety of traffic. / 7
Non-standard / Prior to the commencement of the development hereby approved, the developer shall notify the Ministry of Defence (MOD) of the following:
-  The date construction starts and ends;
-  The maximum height of construction equipment; and
-  The latitude and longitude of every turbine.
Copies of all correspondence between the developer and the Ministry of Defence (MOD) shall be submitted to the Local Planning Authority.
Reason: To ensure that the development does not adversely affect defence interests. In order for the information to be plotted on flying charts to make sure that military aircraft avoid the area. / 8
Non-standard / The noise emissions from the wind turbine shall not exceed a sound pressure level LA90, 10 minutes of 35 dB at the curtilage of any dwelling lawfully existing at the time of this consent at wind speeds up to and including 10 ms-1 at 10 m height. Any measurement shall be made at a height of 1.2m and at a minimum distance of 3.5m from any façade or acoustically reflective surface.
The noise limits set by the this condition relate to the measured or predicted noise level including any tonal penalty assessed according to the ETSU-R-97 methodology - ("The Assessment and Rating of Noise from Wind Farms".) For the purpose of this condition, 'curtilage' is defined as the boundary of a lawfully existing domestic garden area.
Reason: In the interests of protecting living conditions of the occupiers of nearby dwellings. / 9
Non-standard / The wind turbine shall be maintained in accordance with the manufacturer's specification.
Reason: In the interests of protecting the living conditions of the occupiers of nearby dwellings. / 10
Non-standard / Following notification from the Local Planning Authority (LPA) that a justified complaint has been received, the wind turbine operator shall, at their own expense, employ a suitably competent and qualified person to measure and assess, by a method to be approved in writing by the LPA, whether noise from the turbine meets the specified level. The assessment shall be commenced within 28 days of the notification, or such longer time as approved by the LPA.
 A copy of the assessment report, together with all recorded data and audio files obtained as part of the assessment, shall be provided to the LPA (in electronic form) within 60 days of the notification.
 During the course of the investigation, should the wind turbine be identified as operating above the parameters specified in the above condition the wind turbine will be modified, limited or shut down. These measures shall be applied until such time as maintenance or repair is undertaken sufficient to reduce the absolute noise level of the operating turbine to within the parameters specified in the above condition.
Reason: In the interest of protecting living conditions of the occupiers of nearby dwellings. / 11
Non-standard / Wind speed, wind direction and power generation data for the turbine shall be continuously logged and provided to the LPA at its request. Such data shall be retained by the operator for a period of not less than 12 months.
Reason: In the interests of protecting living conditions of the occupiers of nearby dwellings. / 12
Non-standard / No development shall commence until details of a nominated representative, to act as a point of contact for local residents in connection with conditions 9 to 12 above, have been submitted to the Local Planning Authority. This shall include the arrangements for notifying and approving any subsequent change in the nominated representative. The nominated representative shall have responsibility for liaison with the Local Planning Authority in connection with any noise complaints made during the construction, operation and decommissioning of the wind turbine.
Reason: In the interests of protecting living conditions of the occupiers of nearby dwellings. / 13
Non-standard / The turbine shall be constructed outside of the bird breeding season; the bird breeding season is from March to August inclusive.
Reason: To prevent adverse effects on protected species (breeding birds) in line with TAN 5. / 14
Non-standard / No hedges or banks across or on the boundary of the development site shall be wilfully damaged or removed without previous written consent of the Local Planning Authority. Any part of hedge removed without such consent or which die or become seriously damaged or diseased within five years of completion of the development shall be replaced with shrubs, trees and banks of such size and species as may be agreed with the Local Planning Authority.
Reason: To protect hedgerows, banks and native biodiversity in line with LDP policies DM06, DM10 and DM20. / 15
Non-standard / Prior to the turbine becoming operational, written proposals for a Landscape and Biodiversity Enhancement Plan shall be submitted to and approved in writing by the Local Planning Authority. The purpose of this will be to deliver some biodiversity enhancement to the local area through the management or creation of wildlife habitats elsewhere on the land holding. The scheme shall include a timescale for implementation. The scheme shall be implemented in full accordance with the approved details.
Reason: To enhance biodiversity in line with LDP policies DM06, DM14 and DM15. / 16
Non-standard / The turbine shall not be operational at the times and under the conditions specified in the curtailment plan received by the authority on 16/9/2015. This curtailment can be re-assessed in the future based on findings of further bat activity surveys. Any changes must be agreed in writing with the Local Planning Authority.
Reason: To prevent adverse effects on European protected species (bats) in line with TAN 5. / 17
E.9.P / 18
Non-standard / The developer shall ensure that a suitably qualified archaeologist is present during the undertaking of any ground works in the development area, so that an archaeological watching brief can be conducted. The archaeological watching brief will be undertaken to the standards laid down by the Chartered Institute for Archaeologists. The Local Planning Authority will be informed in writing, at least two weeks prior to the commencement of the development, of the name of the said archaeologist.
Reason: To record and preserve any features of archaeological interest. / 19
Non-standard / Within 6 months of the site ceasing to be used to produce electricity, the appointed company responsible for the wind turbine shall submit to the Local Planning Authority, for approval in writing, a scheme for the demolition and removal of the surface elements of the development and foundations to a depth of no less than one metre, which shall be carried out at the company’s expense. The scheme shall include:
(i)  Details of all structures and buildings which are to be demolished;
(ii)  Details of the means of removal of materials resulting from the demolition;
(iii)  The timescale for the demolition and removal of the surface elements; and
(iv)  Details of how the land is to be restored.
The approved scheme shall be carried out strictly in accordance with the approved details.
(N.B. This requirement shall not apply where the wind turbine is being repaired or replaced).
Reason: To ensure that the wind turbine is removed after decommissioning and to ensure the proper restoration of the site after the decommissioning of the development. / 20

Guidance Notes relating to conditions 9 - 12

This note is to be read with conditions 9 - 12 The note further explains these conditions and specify the methods to be deployed in the assessment of complaints about noise emissions from the wind turbines.

NOTE 1: Values of the LA90, 10min noise statistic should be measured at the complainant's property, using a sound level meter of IEC 651 Type 1, or BS EN 61672 Class 1, standard (or the equivalent relevant UK adopted standard in force at the time of the measurements) set to measure using a fast time weighted response. This should be calibrated in accordance with the procedure specified in BS 4142:1997 (or the equivalent relevant UK adopted standard in force at the time of the measurements).

The microphone should be mounted at 1.2-1.5 metres above ground level, fitted with a two layer windshield or suitable equivalent approved by the local authority, and placed outside the complainant's dwelling. Measurements should be made in "free-field" conditions, so that the microphone should be placed at least 3.5 metres away from the building facade or any reflecting surface except the ground.

The LA90, 10min measurements should be synchronised with measurements of the 10-minute arithmetic average wind speed and with operational data from the turbine control systems of the wind turbines.

The wind turbines operator shall continuously log arithmetic mean wind speed and arithmetic mean wind direction data in 10 minute periods from the hub height anemometer located on the site meteorological mast to enable compliance with the conditions to be evaluated.

ECOLOGICAL ADVISORY NOTES:

-  If birds are creating or using nests on either building and/or other effected structure before or during works then works must stop until the bird breeding season is completed or they have left the nest and there is no evidence of them returning.

DRAINAGE ADVISORY NOTES:

-  Surface water run-off should be controlled as near to its sources as possible through a sustainable drainage approach to surface water management.

-  Soakaways should be not located within 6 metres of a road or building

-  The paths, tracks and hard standing should be constructed from permeable

material.

CN

10/12/2015