TOWN AND COUNTRY PLANNING ACT 1990, SECTION 77
PROPOSED WIND TURBINE AT WINSLADE FARM, FROGMORE,
KINGSBRIDGE, SOUTH HAMS DISTRICT, TQ7 2PA
APP/K1128/V/15/3136298
STATEMENT OF CASE ON BEHALF OF THE RULE 6 PARTY - IAN BRYAN
I. Introduction
1. The planning application is for a 34m high Endurance E3120
wind turbine, and its supporting infrastructure, within the South
Devon Area of Outstanding Natural Beauty ("ANOB"). The proposed
site is close to heritage assets, which include the Grade II listed
Molescombe House, and its associated barns. The proposed site is
approximately 1500 metres from a Neolithic bowl barrow, which is a
Scheduled Ancient Monument, and approximately 670 metres from the
shoreline of Frogmore Creek.
2. The South Hams are renowned for their high quality,
scenically attractive landscapes and coastline. Approximately
one-third of the areas countryside is nationally designated as an
AONB.
3. The Devon Structure Plan notes that "Devon’s environment has
an importance that extends beyond the local area - in terms of its
internationally, nationally and regionally important
landscapes".
4. The South Hams District Council ("SHDC") and Councillors have
a raft of legal obligations and duties to protect and enhance the
South Devon AONB - for the benefit of everyone - resident and
visitor alike.
II. Background
5. In May 2013 the SHDC Case Officer recommended that the
application be refused and noted that due to the scale of the
turbine and its prominence within a sensitive landscape, the
development would be detrimental to the character of the area and
is, therefore, contrary to the Local Development Framework Core
Strategy CS9, Development Policy DP2 and the National Planning
Policy Framework (“NPPF”).
6. English Heritage, in its consultation response dated 16
September 2014, wrote that the proposed turbine would “be a
prominent feature within the rural landscape". The landscape which
surrounds the proposed development “is particularly valued for its
varied and scenic beauty, protected historic buildings and
monuments”.
Page 1.
III. My Interest
7. I work with the officers of the Dorset AONB team, as a
volunteer, providing practical assistance to their 'finger-post'
project. My main interest in this planning application stems partly
from this involvement and in supporting the protection and
enhancement of the South Devon AONB, which I have been visiting for
half a century. I am not legally trained, and this is the first
Local Inquiry I have attended. My only pertinent qualification is,
I hope, as a "reasonable and informed" person.
8. I am associated with the 'Friends of South Hams'. They are a
group of residents of the district, who would be affected by the
Winslade Farm wind turbine proposal and who have expressed their
opposition to the planning application, on material planning
grounds.
9. This is my statement of case as a Rule 6 party. I consider
that the harm that the proposed turbine would cause to the AONB and
the affected heritage assets is unacceptable, and I ask the
Secretary of State to refuse permission.
IV. The application history
10. The proposed application was approved by the Council’s
Development Committee, against the professional advice of its
officers, on 21 May 2014. The permission was subsequently quashed
by the High Court on 15 August 2014.
11. A second report was prepared by another case officer. It
again clearly recommends that the application is refused.
12. Objections to the application were raised by the South Devon
AONB Team and the Council’s Landscape Officer, on the basis of the
adverse impact on the AONB. Many local residents objected. The
local parish councils of Frogmore & Sherford, supported the
application and while Stokenham Parish Council had no comment,
South Poole Parish Council raised material planning objections.
13. The Planning Officers have twice concluded that the
Winslade Farm site is unsuitable for the proposed wind turbine and
have clearly identified the harms it would cause to the AONB and to
neighbouring heritage assets. The Minutes of the Committee Meeting
record that it was accepted by the Committee that the development
would cause the harm the officers clearly identified, but they
considered the harm was outweighed by “allowing sustainable farming
to continue long-term” and “additional public benefits of renewable
energy”.
14. By letter dated 5 October 2015, the Secretary of State
called in the application for his own determination.
Page 2.
V. Material considerations
15. As a matter of national planning policy and, therefore, a
matter of law, the impact of development on an AONB is elevated
above the status of an ordinary material consideration and is a
matter which must be accorded great weight in the overall balance
of benefits and dis-benefits.
16. Planning law requires that applications for planning
permission must be determined by the development plans unless
material considerations show otherwise. The NPPF and Local Plans
are material considerations in this planning decision.
17. The NPPF definition, of what is meant by sustainable
development, includes the need for planning to 'protect and enhance
our natural, built and historic environment'. Therefore, there
could be a reasonable expectation that, in order to be considered
sustainable, this proposed development should demonstrate how it
contributes towards this. It does not.
18. The NPPF requires Local planning authorities to seek
opportunities to meet the economic, social and environmental
dimensions of sustainable development. Significant adverse impacts
on any of them should be avoided and, wherever possible,
alternative options which reduce or eliminate such impacts should
be pursued.
19. The Countryside and Rights of Way Act 2000 places a
statutory duty on the relevant authorities “to have regard to the
purpose of conserving and enhancing the natural beauty of the AONB
when exercising or performing any functions affecting land in the
AONB. For the South Devon AONB this also includes land covered by
water, such as Frogmore Creek. The Creek is also within the
designated 'Undeveloped Coastal Zone'. As noted in the South Hams
Local Development Framework "The high-quality environment in the
South Hams helps to sustain the important tourism industry and is a
major factor which attracts investment into Devon".
20. Frogmore Creek is also referred to as the Coastal
Preservation Area. Core Objective 5 of the Devon Structure Plan
states "Within the Coastal Preservation Area, development, other
than that of a minor nature, will not be provided, except where it
is required for the benefit of the community at large, in
connection with public access for informal recreation, or for the
purposes of agriculture or forestry and only when such development
cannot reasonably be accommodated outside the protected areas.
Development will only be provided for when it would not detract
from the unspoiled character and appearance of the coastal area".
The Planning Officers have identified that the proposed development
will detract from the unspoiled character and appearance of the
landscape and estuary.
Page 3.
21. The South Hams Local Development Framework DP2 requires that
development proposals need to show how they conserve and/or enhance
the South Hams landscape character, including coastal areas,
estuaries, river valleys, undulating uplands and other landscapes.
The applicant’s proposal fails to demonstrate how the landscape
would be protected or enhanced or how it would "avoid unsympathetic
intrusion in the wider landscape, such as the detrimental impact on
the character of skylines or views from public vantage points".
22. DP1 notes, “All development will display high-quality design
which, in particular, respects and responds to the South Hams
character in terms of its settlements and landscape”.
23. DP2 requires that the applicants Landscape and Visual
Impact Assessment ("LVIA") should include a demonstration of how
the location, siting, layout, scale and design of the development
"conserves and/or enhances what is special and locally distinctive
to the site". The LVIA does not contain the required
'demonstration'.
24. The Devon Structure Plan 2001 to 2016 supports “The
evolution of farm types, modernisation activities, diversification
enterprises and added value operations that conserve and enhance
the South Devon AONB special qualities".
25. The AONB Management Plan states that critical to the AONB
future is "A profitable, sustainable and environmentally beneficial
farming and land management sector, providing high-quality food,
fuel, timber and benefits to people and wildlife" and that it will
be "fostered as one of the principal means of maintaining the
special qualities and distinctive landscape of the AONB".
26. There is no suggestion that the viability of the farm
depends upon the turbine or that it would stop maintaining the
land. No job losses would result from the application being
refused. Whilst reference is made to the high electricity costs of
keeping the cows indoors for most of the time, that operation has
already been established. There is no suggestion that the farm
would expand or employ more people if the scheme proceeded. The
economic benefit to the farm is a private matter and not one
relevant to the planning decision.
27. The plan also notes that the "cumulative impact of many
small-scale changes is being strongly felt at a landscape level
across the South Devon AONB. Approaches to change, that respect
distinctive local character, are increasingly needed to avoid
further damaging cumulative impacts".
Page 4.
28. The conservation of Devon’s special landscape character is
an objective that relates to the countryside, and the protection of
the rural environment is one of the main elements of the Structure
Plan strategy. The Council’s approach for sustainable tourism is in
its Tourism Strategy (April 2007). It states that “the aim of the
regional and local tourism strategies is to seek to lengthen the
season, widen the range of facilities available and improve the
quality of attractions and accommodation. All this has to be
achieved within the context of protecting the area’s greatest asset
– the distinctive environment and cultural heritage of the South
Hams”.
VI. Landscape Visual Impact Assessment
29. The SHDC officers noted that the Landscape Visual Impact
Assessment (“LVIA”) submitted by the applicant provides no real or
useful analysis of the effects of the proposed development on the
landscape character or visual amenity. Therefore, the officers
undertook a separate appraisal in order to better inform their
decision.
30. The Applicant’s photo-montages, presented at the December
3rd DMC meeting, under-estimated the proposed turbines visibility
and its detrimental effect to the landscape.
VII. Harmful effects
31. The proposed development would cause significant harm to the
AONB both in terms of landscape character and of visual impact.
32. I will refer to the objections made by the AONB team and the
Council’s Landscape Officer, as well as the observations in the
Officer’s Report and the Development Committee’s acknowledgment of
harm to the AONB.
33. I will demonstrate that the applicant’s assertion in the
“Conclusion” section of the LVIA that the proposed wind turbine
“would not cause any significant effects to the AONB” is
unrealistic.
VIII. Weighting balance
34. It is a matter of national planning policy and, therefore, a
matter of law, that the impact of development on an AONB is
elevated above the status of an ordinary material consideration,
and is a matter which must be accorded great weight in the overall
balance of benefits and dis-benefits. Decision-makers should give
the views of the professional Planning Officers considerable
weight. Any departure from their professional views require “cogent
and compelling reasons” to be given. The reasons should not be
“subjective" as was suggested by one member of the committee. The
Ward Councillor said, at that December DMC meeting, that the
weighting matters identified in this case, were just a "simple
subjective choice!”.
Despite the DMC twice taking an adverse decision, no separate
memorandum giving cogent and compelling reasons for not accepting
the Officers recommendations has been attached to the planning
file, as is required by planning guidance.
Page 5.
35. The proposed development is contrary to Policies CS1, CS9,
CS10 & CS13 of the Adopted South Hams LDF Core Strategy and
Policies DP2, DP5 and DP15 of the Adopted South Hams Local
Development Framework.
IX. Wider community backing
36. The proposal has not addressed the 'wider community'
concerns about the harm that would be caused by the proposed wind
turbine. Harms which are identified by the local community in the
representations made to the SHDC and to the Planning Inspectorate.
They demonstrate that the proposal does not have community backing.
It, therefore, fails to comply with the transitional provisions
referred to in the Written Ministerial Statement, relating to
onshore wind turbine developments, dated 18 June 2015.
X. Considerations supporting the proposal
37. The other considerations in this case are the material
planning matters mentioned at the December DMC i.e. The economic
and public benefits of supporting rural business and that of
promoting the use of renewable energy.
38. The Government targets to increase low carbon renewable
energy significantly. They indicate that the planning system should
seek to facilitate renewable energy development and that the wider
environmental and economic benefits of renewable energy projects
should be given 'significant weight' in the planning process.
39. The Devon Structure Plan notes that "Provision should be
made for renewable energy developments in the context of Devon’s
sub-regional target for electricity production, from land-based
renewable sources, subject to the consideration of their impact
upon the qualities and special features of the landscape and upon
the conditions of those living or working nearby.
XI. Alternative low carbon energy schemes
40. The NPPF also promotes good design and suggests that
“Permission should be refused for a development of poor design that
fails to take the opportunities available for improving the
character and quality of an area and the way it functions”. There
are alternative low carbon generation systems available that could
be considered for this site.
41. DLPG Advice Note No. 2 states that proposals should
"Consider the landscape effects of transmission infrastructure when
siting development, aiming for sites that will minimise the need
for above ground transmission infrastructure, particularly through
AONB, National Parks and Heritage Coasts.
Page 6.
XII. Conclusions
42. The proposal is not in accord with the South Hams
Development Plan and Local and National Planning Guidance. It would
not conserve or enhance the designated landscape of the AONB. The
commercial benefits that would be gained by the applicants are
heavily outweighed by the significant harm that would be done to
the visual quality and landscape character of the area. The
proposed site of the development has not been identified as being
suitable for wind turbines in the South Hams Local Development
Plans, and therefore, does not meet the requirement of the Written
Ministerial Statement, relating to onshore wind turbine
developments, dated 18 June 2015.
43. This proposal would be contrary to the Development Plan,
contrary to the NPPF, and contrary to the statutory objectives of
preserving AONBs and listed buildings. It is also contrary to the
18 June 2015 Written Ministerial Statement. I believe, that when
considered objectively, that the planning balance favours
refusal.
44. Though I do not intend to call any witnesses at the Inquiry,
I reserve the right to call witnesses if necessary, and if
permitted to do so by the Planning Inspector.
45. I will refer to the following documents in support of my
case and will (in consultation with the Inspector) amend the list
if it is appropriate.
Page 7.
XIII. Documents
1. House of Commons: Written Statement (HCWS42) Written
Statement made by: Secretary of State for Communities and Local
Government (Greg Clark) on 18 Jun 2015:
http://www.parliament.uk/documents/commons-vote-office/June%202015/18%20June/1-DCLG-Planning.pdf
2. South Hams Local Development Framework 2010 Core Strategy
http://www.southhams.gov.uk/CHttpHandler.ashx?id=3672&p=0
3. South Hams Local Development Framework 2010 Development
Policies – Development Plan Document.
http://www.southhams.gov.uk/CHttpHandler.ashx?id=3675&p=0
4. National Planning Policy Framework
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/6077/2116950.pdf
5. AONB Management Plan - Part 1. The Strategy
http://www.southdevonaonb.org.uk/uploads/files/mp2014/AONB_Management_Plan_2014_2019.pdf
6. AONB Management Plan - Part 2: The Delivery Plan 2015-16
http://www.southdevonaonb.org.uk/uploads/files/mp2014/SD_AONB_MP_2015-16_Delivery_Plan_19-06-2015.pdf
7. Countryside and Rights of Way Act 2000
http://www.legislation.gov.uk/ukpga/2000/37/section/85
8. Appendix Protected landscape and the historic environment -
Undeveloped Coast and AONB page 84 South Hams Local Development
Framework 2010 Development Policies – Development Plan
Document.
http://www.southhams.gov.uk/CHttpHandler.ashx?id=3675&p=0
9. Appendix 7 Biodiversity and geological sites -Sites of
Special Scientific Interest - page 85 South Hams Local Development
Framework 2010 Development Policies – Development Plan
Document.
http://www.southhams.gov.uk/CHttpHandler.ashx?id=3675&p=0
10. Interim Guidance for Wind Turbine Development in the Dorset
Area of Outstanding Natural Beauty.
http://www.southhams.gov.uk/CHttpHandler.ashx?id=4704&p=0
Page 8.
11. 14th May 2014 DMC Transcript
https://sites.google.com/site/southhamsturbine112/may-14th-dmc-extract-from-transcript-of-the-winslade-turbine-debate
12. 3rd December 2014 DMC Transcript
https://sites.google.com/site/southhamsturbine112/development-management-meeting-3rd-december---transcript
13. 14th May 2014 DMC Minutes
http://www.southhams.gov.uk/CHttpHandler.ashx?id=9372&p=0
14. 3rd December 2014 DMC Minutes
http://www.southhams.gov.uk/CHttpHandler.ashx?id=11957&p=0
15. SHDC Landscape Officer Report 24th January (SHDC planning
file)
http://www.southhams.gov.uk/PlanningDocs/1/03/66/26/03662640.pdf
16. AONB Letter of objection (SHDC planning file)
http://www.southhams.gov.uk/PlanningDocs/1/03/68/54/03685403.pdf
http://www.southhams.gov.uk/PlanningDocs/1/03/68/55/03685537.pdf
17. South Hams Devon Landscape Policy Group Advice Note No. 2:
Accommodating Wind and Solar PV Developments in Devon's Landscape -
Final Report Prepared by LUC June 2013
http://www.westdevon.gov.uk/CHttpHandler.ashx?id=10589&p=0
18. Copy of letter to the Kingsbridge Gazette (re AONB)
http://www.kingsbridge-today.co.uk/article.cfm?id=381&headline=Outgoing
South Hams Society chair identifies AONB
threat&searchyear=2015
19. Farm Subsidy
http://farmsubsidy.openspending.org/search/?q=perraton+partners
20. Planning Practice Guidance Policy Achieving Sustainable
Development Decision-taking
http://planningguidance.communities.gov.uk/blog/policy/achieving-sustainable-development/decision-taking/#paragraph_196
21. SHDC Planning Officers Report 3rd December 2014
http://www.southhams.gov.uk/CHttpHandler.ashx?id=11652&p=0
22. Planning decision making – Planning Advisory Service
http://www.local.gov.uk/c/document_library/get_file?uuid=f63a9dfb-b5ec-447b-aca4-2be03edff044&groupId=332612
23. Devon Structure Plan 2001 – 2016 – Explanatory Memorandum –
Adopted 2004 The Conservation of Devon’s Environment and
Resources
http://www.devon.gov.uk/_ch4_structure_plan.pdf
Page 9.
XIV. Supporting Material
Appendix 7. Biodiversity and geological sites -Sites of Special
Scientific Interest page 85 South Hams Local Development Framework
2010 Development Policies – Development Plan Document.
Page 10.
Appendix 7. Diagram map showing Coastal Preservation Area -
Undeveloped Coast and AONB page 84 South Hams Local Development
Framework 2010 Development Policies – Development Plan
Document.
Page 11.
