Agenda item

Erection of 1 medium sized wind turbine with a generating capacity of 330kw. The turbine has a hub height of 50.09m and a blade length of 16.7m. Ancillary development comprises a permanent access track and crane pad.

The Service Manager, Planning, introduced the report providing a brief history of the application and informing Members of additional correspondence received. The Service Manager informed Members that additional letters had been received from the applicant’s solicitor, in relation to ownership of the wind turbine, Burton Joyce Parish Council and Woodborough and Calverton Against Turbines (WACAT), raising 1 additional area of objection questioning the carbon report, however the Service Manager informed Members that the carbon report was produced using recognised methodology and was, therefore, valid.

The Service Manager also informed Members that a number of signatures found on the original petition against the wind turbine had been fabricated, however that the issues considered by the petition had been raised in a number of legitimate objections and as such were still relevant.

The Service Manager also commented on the recent ministerial statement setting out new and transitional requirements relating to wind turbine development. The Service Manager informed Members that the transitional arrangements applied to the application and had been considered when deciding the recommendation. 

At the discretion of the Chair, the Planning Committee protocol in regards to speakers was waived and a period of 5 minutes was allowed for the argument for, to be shared by two speakers, and a period of 5 minutes was allowed for the argument against, to be shared by two speakers,

Mr Charles-Jones, the applicant, spoke in favour of the application.

Ms. Rose, aresident supporter, spoke in favour of the application.

Mr Chapman, on behalf of WACAT, spoke against the application.

Mr Quilty, a resident objector, spoke against the application.

After discussion and on the requisition of two Members the motion to grant planning permission was put to a named vote and the motion was carried.

RESOLVEDto GRANT CONDITIONAL PLANNING PERMISSION:

Conditions

 1         This permission relates to the approved plans, application forms and supporting information dated 11th February 2015 ref: C.0514.

 2         This permission shall endure for a period of 25 years from 1st April 2014 [First Export Date (of electricity to grid)], after which the use shall cease, and the turbine, ancillary structures, crane erection and lay down areas shall be removed from site, and the land restored to its original condition in line with the details submitted under Condition 4, unless otherwise agreed in writing by the Borough Council.

 3         The wind turbine hereby approved shall be dismantled and removed from site, in the event of being non-operational for a continuous period in excess of 6 months and the site returned to its original condition, unless otherwise approved in writing by the Borough Council. The wind turbine shall be decommissioned in line with the details approved under Condition 4.

 4         Prior to the decommissioning of the site a scheme setting out a programme of works required to undertake decommissioning works, together with details of any access widening required, alteration to junctions, details of the abnormal load routes together with details of how any required off-site traffic management measures along the proposed route of decommissioning traffic, details of how the site shall be restored and landscaped once structures have been removed and a schedule of works required and timescales for undertaking the restoration shall be submitted to and approved in writing by the Borough Council. The site shall be decommissioned in accordance with the approved details.

 5         The development hereby approved shall be completed and thereafter maintained in accordance with the details approved under the Applications for approval of details reserved by condition reference: 2011/1354DOC and 2013/0748DOC unless otherwise agreed in writing by the Local Planning Authority. Any planting material which becomes diseased or dies within five years from the 1st April 2014 shall be replaced in the next planting season by the applicants or their successors in title.

 6         The methodology and scheme for the monitoring programme in relation to Bats set out in Chapter 10 of the Additional Information to allow the Council to re-determine the Planning Application dated 11th February 2015 ref: C.0514 shall be followed in accordance with the details submitted. The monitoring programme shall cover a period of five years from the date of first export of electricity. The findings and the results of the surveys, together with any proposed mitigation measures and timescales for carrying out any mitigation shall be submitted as a report to the Borough Council. The reports shall be submitted within three months of each survey being undertaken.  Any further mitigation required shall be carried out in accordance with the approved details in relation to each survey undertaken.

Reasons

 1         For the avoidance of doubt.

 2         This is a temporary permission and condition 2 is attached for the avoidance of doubt.

 3         In order to safeguard visual amenity of the area in the event that the benefits from the production of renewable energy by the wind turbine have ended, as the turbine is non-operational. In accordance with the requirements of the NPPF, National Policy Statements (NPS) for Energy (EN-1), and Renewable Energy (EN-3).

 4         To ensure that when the site ceases operation at the time stated within condition 2 and 3 above that decommissioning works take place in an appropriate manner and that the site is restored to a suitable condition.

 5         To ensure the development is constructed and maintained in accordance with the details previously approved by the Gedling Borough Council.

 6         In order to record and monitor information on the direct impact of the turbine on bat populations from wind turbines, in accordance with the recommendation of Nottinghamshire Wildlife Trust.

Reasons for Decision

Paragraph 98 of the NPPF advises that when determining planning applications for renewable energy schemes local planning authorities should approve the application if its impacts are, or can be made acceptable. In the opinion of the Borough Council it has been demonstrated that the impacts of the proposal are acceptable.

Notes to Applicant

The development hereby approved is subject to the Unilateral Undertaking dated 17th day of September 2012 between Mr John Nigel Charles-Jones and Mrs Catherine Mary Charles-Jones in favour of  Gedling Borough Council, Made under Section 106 of the Town and Country Planning Act 1990 (as amended) relating to: - Land at Woodborough Park Farm, Foxwood Lane, Woodborough.

The applicant is advised that all planning permissions granted on or after 16th October 2015 may be subject to the Community Infrastructure Levy (CIL).  Full details of CIL are available on the Council's website. The proposed development has been assessed and it is the Council's view that CIL is not payable on the development given that the development comprises a structure(s) and/or buildings that people only enter for the purpose of inspecting or maintaining fixed plant or machinery.

In assessing this application, officers have worked with the applicant in a positive and proactive manner consistent with the requirements of paragraphs 186 - 187 of the NPPF. This included seeking additional information in order to assess the application and its impacts following on from the Court of Appeal decision to quash the planning permission, remitting back to the Council for redetermination. Further information requested related to: The 'Very Special Circumstances' that were put forward, Efficiency, Consideration of Alternative Forms of Renewable Energy, Financial Support for the Farming Enterprise and Farm Diversification, Carbon Emissions Reduction, Landscape and Visual Impact, Noise Impact Assessment, and Habitat and Wildlife Surveys.