SITE ADDRESS:Pencwm, Penrhyncoch, Aberystwyth

DELEGATED OFFICER REPORT

PLANNING APPLICATION REFERENCE NO:A150143

CASE OFFICER: Owain Davies

RECOMMENDATION: Approval subject to conditions

RELEVANT HISTORY:none to report

SITE DESCRIPTION:A field which forms part of a larger agricultural holding. The field itself lies on a hill top ridge some 850m distant from the village of Penrhyncoch.

PROPOSED DEVELOPMENT: Installation of a wind turbine (30.52m to hub, 45.07m to blade tip), equipment cabinet and ancillary development.

POLICY CONTEXT:

Ceredigion Local Development Plan (2007-2022)

- Policy LU25 – Renewable Energy Generation

- Policy DM10 – Design and Landscaping

- Policy DM14 – Nature Conservation and Ecological Connectivity

- Policy DM15 – Local Biodiversity Conservation

- Policy DM17 – General Landscape

- Policy DM18 - Special Landscape Areas

- Policy DM19 – Historic and Cultural Landscape

- Policy DM20 – Protection of Trees, Hedgerows and Woodlands

Planning Policy Wales (Edition 7, July 2014)

- Chapter 3 – Making and Enforcing Planning Decisions

- Chapter 4 – Planning for Sustainability

- Chapter 5 – Conserving and Improving Natural Heritage and the Coast

- Chapter 12 - Infrastructure and Services

- Chapter 13 - Minimising and Managing Environmental Risks and Pollution

Technical Advice Notes (Wales):

The following technical advice notes (TAN’s) are relevant to the consideration of the

application:

- Technical Advice Note (TAN) 5: Nature Conservation and Planning (2009)

- Technical Advice Note (TAN) 8 Renewable Energy (July 2005)

- Technical Advice Note (TAN) 11 Noise (1997)

- Technical Advice Note (TAN) 12: Design (2014)

CONSULTEE RESPONSES:

DHPW (Highways) – No objections subject to conditions

DHPW (Flooding) – No objections

CyngorCymunedTrefeurig – It is noted that the Hughes family have submitted revised plans for a smaller rotor, and on this basis that I inform you that in general this Community Council supports the application.

CyfoethNaturiol Cymru – No objections, comments

Defence Estates – No objections

Ecologist – No objections subject to conditions

Non-statutory consultees

24 letters of objection were received to the application from residents of neighbouring properties, a summary of their concerns and objections is as follows:

Affect on Public Amenity
Impact on the Landscape
Visual Impact
Noise
Setting a precedent for similar applications, and cumulative impact
Ecological Impact
Access to the proposed site by construction vehicles

MATERIAL CONSIDERATIONS

Section 38 (6) of the Planning and Compulsory Purchase Act 2004 states that: “If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be in accordance with the plan unless material consideration indicate otherwise”.

CONCLUSIONS:

The proposal is for a single wind turbine on a hill top ridge some 800m distant from the village of Penrhyncoch. Policy LU25 of the LDP states that :

“renewable energy projects will be permitted which facilitate the development of additional renewable energy generating capacity and associated reduction in carbon emissions, where:

1. Resource delivery has been assessed as an effective and viable option;

2. Adverse impacts of the particular technology can be mitigated; i. in line with natural heritage objectives; and ii. To minimize the potential detrimental effects on local communities; and

3. a suitable scheme is provided for decommissioning at the end of the operational design life of the infrastructure where appropriate.”

It is considered that the scheme proposed meets the criteria of this policy, and appropriate conditions on a permission can ensure that potential detrimental effects on neighbouring properties arising from any noise disturbance can be adequately monitored and controlled. Detailed consideration was also given to the landscape impacts and impacts upon the visual amenities of the area and the local community. The impacts upon the visual amenities of the area are most likely to affect the populations of the neighbouring settlements of Dole and Penrhyncoch, and while it is acknowledged that the turbine will have some impact upon the landscapes and visual amenities of the area, it is also recognised that the nearby MynyddGorddu wind farm is also visible from many parts of the village and it is not considered that the proposed turbine will be a wholly alien feature. It should also be noted that the size of the turbine has been reduced from that originally proposed, reducing the tip height of the turbine by 3m and the blade radius by 6m, which will help to lessen any potential harmful impacts upon the landscape. Balanced against the policy presumption to approve the application contained in Policy LU25, it is determined that any potential negative landscape impacts of this proposal are acceptable and do not warrant the application being refused. It is therefore recommended that the application is approved.

MEMBER CONTACTED: Cllr Dai Mason contacted by e-mail 18/9/15

RECOMMENDATION: Approval subject to conditions

CONDITIONS

1. The development permitted shall be begun before the expiration of five years from the date of this permission.

2. The development hereby permitted shall not be carried out otherwise than in complete accordance with the approved plans (drawing No’s: NWA 30m; Pencwm LP2500revA; A3 21600-05 GA) or such amendments as may be agreed, in writing, by the Local Planning Authority.

3. A Construction Traffic Management Plan (CTMP) shall be submitted and approved in writing by the Local Planning Authority in consultation with the Local Highway Authority, prior to the commencement of any site works. The CTMP shall include; scheduling, timings and routing of deliveries, details of bilingual (Welsh above English) traffic management signs schedule and location plan to The Traffic Signs Manual and The Traffic Signs Regulations & General Directions specifications. The approved CTMP shall be implemented as agreed in writing with the Local Planning Authority, in consultation with the Local Highway Authority, prior to the commencement of works.

4. Prior to commencement of any operations associated with the construction of the turbine , a scheme for means of access to the public highway shall have been submitted to and approved in writing by the Local Highway Authority in consultation with the Local Highway Authority . The means of access shall be completed to a rolled, blinded hard core construction before any other operations commence.

5. Adequate provision shall be made within the development site at all times to enable all vehicles associated with the development to turn around, so that they may enter and leave the site in forward gear.

6. Wheel washing facilities shall be provided at the application site exit. Such facilities shall thereafter remain available and be used by all construction, delivery and service vehicles exiting the site.

7. Surface water shall be trapped and disposed of so as not to flow onto the highway.

8. No trees, hedges or banks across or on the boundary of the development site, or on the transport route to the 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.

9. No development shall take place until written proposals for a Landscape and Biodiversity Enhancement Plan have been 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 and shall be implemented in full accordance with the approved details.

10. 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.

11. The wind turbine shall be maintained in accordance with the manufacturer's specification.

12. 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 turbines 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.

13. 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.

14. No development shall commence until details of a nominated representative, to act as a point of contact for local residents in connection with conditions 10 to 13 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.

15. By no later than the 1st of January 2041 the proposed wind turbine shall be dismantled and removed from the site, with the land being restored to its previous condition.