Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report

Decision Maker:

Regulatory Committee

Date of Decision:

7 October 2009

Decision Title:

Applicant: Hampshire County Council

Installation of a 60 kilowatt hour proven wind turbine on a 15 metre mast at Sopley Primary School, South Ripley
(Application No: 09/94029) (County Council Ref: NFE005).

Decision Reference:

977

Report From:

Head of Planning and Development

Contact name:

Katherine Snell

Tel:

01962 845938

Email:

[email protected]

1. Executive Summary

1.1 The proposal seeks planning permission to install a wind turbine on the playing field at Sopley Primary School.

1.2 The main issues are:

      (i) the visual implications of the tall structure to the neighbouring dwellings and wider reaching impact on the countryside and views;

      (ii) potential impact on wildlife;

      (iii) benefits of the proposal, taking into account the existing school energy usage, conservation and predicted performance; and

      (iv) noise impact.

1.2 Although the wind turbine is clearly a prominent feature and will be an addition to the countryside landscape, it is considered that the proposal would be in accordance with the development plan as it would not materially harm the character of the area (Policy CO-E1 and DW-E30). Moreover, the impact on the green belt is weighed against other planning objectives, such as energy renewables and carbon reduction (Planning Policy Statement: Planning and Climate Change - Supplement to Planning Policy Statement 1). The amenity of local residents (Policy DW-E1) is safeguarded as the noise generated is restricted to prevent disturbance. Therefore, planning permission is recommended, subject to conditions.

2. Recommendation

2.1. That planning permission in respect of an installation of a six kilowatt hour proven wind turbine on a 15 metre mast at Sopley Primary School, South Ripley, Christchurch (Application No.09/94039) be granted for the following reason, subject to the conditions set out in integral Appendix B.

3. Site and proposal

3.1. Sopley Primary School, as shown on the attached plan, is a small school situated on the corner of two country lanes. The school is in mixed use for children between the ages of 5 and 11. There are about 90 pupils on roll. It is in the countryside outside Sopley, near Christchurch within the South West Hampshire Green Belt. To the east of the existing school is an area of tarmac and field available for the school, measuring approximately 110 x 50 metres. This area includes play equipment, a pond, utility sheds and the sports field.

3.2. The original school was built in 1890 and is single storey, being of traditional load-bearing brick construction. The school was extended in 1950 to provide a kitchen, in 1968 for a staffroom, in 1994 for three classrooms and in 2001 to include toilets and IT. Permission for an extension to provide two classrooms and offices was given by the Regulatory Committee on 19 January 2009 (permission 08/93166).There is currently a temporary classroom on site, with permission until 31 August 2012.

3.3. Two cottages are immediately adjacent to the southern boundary of the school. The rear of the nearest cottage's garden is approximately 60 metres south west of the proposed wind turbine location. The house itself is approximately 105 metres in distance.

3.4. This application seeks planning permission to install a wind turbine on the playing field to the rear of the school. The wind turbine will be coloured silver and will need to be lowered and raised for annual servicing. This is currently the utility area, next to the side vehicular access gate. The construction site access will be made through this side gate

3.5. The wind turbine will provide between 6 and 8 kilowatts of electricity per year depending on wind speeds. This equates to approximately 25% of the school's existing electricity demand and reduce the carbon footprint by approximately 2700 tons of carbon dioxide.

3.6. The wind turbine proposed has a direct drive generator, rather than a gearbox, in order to reduce noise. At five metres high the level of noise will be 48 decibels; the same as a quiet dishwasher.

3.7. One heavy goods vehicle low-loader vehicle will be used to deliver the turbine and mast. This will reverse up Thatchers Lane for the off-loading period, expected to be approximately 1-2 hours. A JCB/Telehandler (crane-like forklift) will be used to offload the parts from the vehicle through the gate to the location. Two other vehicles for tools, equipment and staff transport will be involved in the installation, but do not require parking on site. The JCB/Telehandler will then manoeuvre and assist with the mast assembly. Raising the turbine will be done with a suitable winch. The JCB/Telehandler will only be utilised in the field for a short duration (a couple of hours). Access from the school will be blocked off with a high visibility warning fence for public safety. Unloading will be completed within two hours and full mechanical installation of the turbine and mast will be completed in one day. The electrical installation is expected to take two days.

3.8. There shall be no movement of construction traffic outside the compound areas on normal school days for a period of 45 minutes at the start of the school day and for 30 minutes while school ends. Overall the installation of the turbine is expected to involve negligible traffic disruption, as there are only four main parts to bring onto site.

3.9. The proposal is not an EIA Development under the Environmental Impact Assessment Regulations 1999 and therefore an environmental statement has not been submitted.

4. Development plan

4.1. The proposal accords with New Forest District Local Plan First Alteration (2005):

      (i) Policy DW-E1 (General development criteria);

      (ii) Policy DW-E30 (Development in the Green Belt); and

      (iii) Policy CO-E1 (The countryside outside the New Forest).

5. Consultations

5.1. Councillor Rippon-Swaine has no objection in principle but needs the justification of the proposal to be proven to the satisfaction of the majority of the community.

5.2. New Forest District Council objects to the proposal on the grounds that the height and siting would be an intrusive feature within the landscape, and have a detrimental impact on the character and appearance of the surrounding countryside and greenbelt.

5.3. The Environmental Health Officer at New Forest District Council has no objection subject to three noise conditions which will protect the neighbours from noise disturbance.

5.4. Sopley Parish Council objects to the proposal as the funding will be partly from public money and is concerned that the school currently wastes energy due to its existing structure. Objections are also raised on noise and visual impact grounds. The Council conducted a poll and received 25 responses. Of these, 17 residents were opposed to the proposal

5.5. Environment Agency has no objection.

5.6. Highway Authority has no objection to this proposal.

5.7. Southern Gas has advised that there is a gas main near the site.

5.8. Bournemouth Airport has no objection to this proposal.

6. Representations

6.1. As at 5 August 2009 five representations have been received concerning:

      (i) the height would be the tallest structure for miles and so cause adverse visual impact;

      (ii) the amount of electricity produced is not clear, so the actual benefits are not known;

      (iii) the school is currently wasting energy, and so the proposal will be non-effective;

      (iv) possible impacts on horse behaviour, with the potential of road accidents due to erratic horses and detriment to local livery businesses;

(v) potential for deaths and injuries for bats and birds;

(vi) the proposal should have been more widely publicised; and

      (vii) there will be noise pollution. The noise produced would be especially intrusive at night when neighbours are trying to sleep, as ambient noise levels are generally lower at that time.

6.2. One letter of support has been received.

7. Commentary

7.1. There are objections to the height and scale of the wind turbine. PPG 2 stipulates that "visual amenities of the Green Belt should not be injured by proposals" as the local policy DW-E30 also reflects. Whilst it is accepted that the tall structure that will be seen by the immediate neighbours and appear in views from all directions for some distance, the school site is not within a designated area and the New Forest National Park is approximately one mile away. The location of the turbine is on the side of the school field that is furthest away from the adjacent cottages. Although the surrounding area is countryside, the location of the turbine is on a school within the settlement of South Ripley (Policy CO-E1). Moreover, visual impact has an element of subjectivity and must be balanced with other material planning objectives. This perspective is guided by a Government policy statement - "we are reforming planning laws, finding new ways of working with local communities and are determined to persuade people that we need a significant increase in onshore wind as part of the UK's future energy mix." (27 July 2009 - Press Release - Extra finance to start flowing for wind power.)

7.2. The potential impact on wildlife from this proposed development has been investigated and no significant harm will result from this development. Mitigation work for bats (protected under EU law by the Conservation (Habitat &c) Regulations 1994) is already being undertaken on site, in support of the extension works (permission 08/93166). This mitigation includes measures to prevent bat access into the new extension area, and instead to create new access and roosting opportunities in the roof space at the western, far end of the existing school to try to ensure that any potential roosting bats use the opposite end of the building to the proposed turbine. The western, southern and eastern site boundaries will also be planted with hedgerow plants to encourage bats to move around the edges of the site (as well as to provide additional foraging habitat), instead of across the open central area of the site. As a result, the turbine will be at least 50 metres from a potential roost access site and away from an entry/exit flight path and away from foraging/commuting routes, and will therefore have no significant impact to the bat population. Therefore concern for the impact on bats and birds is noted, and due regard to Article 12 and 16 of the Habitats Directive and regulation 44 of the Habitats Regulations has been taken in concluding there will be no significant harm resulting from this development.

7.3. The energy efficiency of the school has been raised in the objections. The extensions to the existing Victorian school building of 1995 and 1999 were built with thermal insulation in the walls and roof and these extensions `wrap around' the original building. This means that about 65% of the existing building benefited from improved insulation. The new extension currently under construction at the school includes triple glazed windows, low energy lights switched on automatic sensors, solar panel and solar hot water via the south roof and a new efficient boiler system to supply hot water and heating to the whole of the school. The replacement of the old existing heating plant with a modern efficient boiler system will also reduce the school's energy costs. As part of the Building Regulations compliance submission, calculations show that by installing the wind turbine, along with the recently permitted extension, the overall energy efficiency of the school building will greatly improve. The school is keen to complete the works to have an overall energy efficient building, which will score a B grade on an Energy Performance Certificate (EPC).

7.4. Energy meters will be set up on site so that the building's energy production and consumption can be monitored easily and where possible automatically recorded. This information will be used by Sopley Primary school children in their curriculum and will be made freely available to other schools.

7.5. Although objections on noise grounds have been received, there has been no objection from the Environmental Health Officer. The noise information for the turbine has been independently reviewed by consultants and considered by the Environmental Health Officer and found to be sufficient.

Furthermore, a site assessment and noise survey has been conducted as part of the independent review and found that there will be no unacceptable impact on neighbours based on the noise information provided. However to safeguard the amenity of the nearest residents conditions will be attached. These conditions should include noise limits which are not to be exceeded at a specified location and a monitoring requirement.

7.6. Although this will be the first wind turbine installed at a Hampshire County Council school, the precedent has been set at other school sites in England. It is accepted that the turbine will have an impact on the landscape, however the support from central Government for renewable energy production is clear (Planning Policy Statement: Planning and Climate Change - Supplement to Planning Policy Statement 1). The amenity of local residents (Policy DW-E1) is safeguarded as the noise generated is not expected to be a nuisance and is restricted to prevent disturbance. As there are no significant adverse impacts associated with the proposal and it offers the renewable energy benefit, planning permission subject to conditions is recommended.

8. Recommendation

8.1. That planning permission in respect of the installation of a six kilowatt hour proven wind turbine on a 15 metre mast at Sopley CP School, South Ripley, Christchurch (Application No.09/94039) be granted, subject to the conditions set out in Integral Appendix B.

Links to the Corporate Strategy

Hampshire safer and more secure for all:

no

Corporate Business plan link number (if appropriate):

Maximising well-being:

no

Corporate Business plan link number (if appropriate):

Enhancing our quality of place:

yes

Corporate Business plan link number (if appropriate):

Section 100 D - Local Government Act 1972 - background documents

 

The following documents discuss facts or matters on which this report, or an important part of it, is based and have been relied upon to a material extent in the preparation of this report. (NB: the list excludes published works and any documents which disclose exempt or confidential information as defined in the Act.)

 

Document

Location

None

 

CONDITIONS

Time Limits:

1. The development hereby permitted shall be begun before the expiration of three years from the date on which this planning permission was granted.

    Reason: To comply with Section 91 (as amended) of the Town and Country Planning Act 1990.

Hours of Working

2. There shall be no access to the development site by any traffic associated with the construction/demolition (ie no delivery vehicles, no contractors' cars, nor plant and machinery) in the morning between 0830 and 0915; and in the afternoon between 1515 and 1545.

    Reason: In the interests of public safety, to avoid traffic conflict at the times of the day when pupils are arriving at and departing from school.

3. No work relating to the construction of the development approved, including works of preparation prior to operations, the delivery of construction materials, skips or machinery, nor the removal of waste materials, shall take place before the 0800 or after 1800 Monday to Friday inclusive, before 0800 or after 1400 on Saturday and not at all on Sunday or recognised public holidays, unless otherwise agreed beforehand in writing with the Local Planning Authority.

Reason: To protect the amenities of occupiers of nearby properties.

Materials

4. Samples and details of the materials and finishes to be used for the wind turbine shall be submitted to and approved by the Local Planning Authority in writing before the development commences.

Reason: In the interests of visual amenity and to secure a satisfactory development.

Nature Conservation

5. Prior to commencement of development, the mitigation works as set out in the bat assessment as approved under permission 08/93166, shall be carried out in accordance with the approved scheme.

    Reason: To protect bats, which are a protected species under Schedule 5 of the Wildlife and Countryside Act 1981 and Schedule 2 of the Habitats Regulations 1994.

Amenity protection

6. Noise during operation of the wind turbine shall not exceed the following limits as measured at a height of 1.2-1.5 metres at any position 20 metres from the base of the wind turbine mast. Noise limits are related to the local wind speed as measured at a height of 10 metres above ground level.

Average wind speed m/s at 10 m 4 5 6 7 8 9 10

Noise limit at 20m LAeq 10m dB 42 44 47 49 51 53 55

        Reason: In the interests of neighbour amenity.

7. Prior to development commencing an acoustic assessment scheme to monitor compliance with Condition 6 shall be submitted to the Local Planning Authority for approval in writing. The noise measurement procedure shall be based on the method set out in ETSU-R-97 The Assessment and Rating of Noise from Wind Farms published by the Energy Technology Support Unit for the Department of Trade and Industry, amended as necessary in agreement with the Local Planning Authority. The scheme shall be implemented as approved.

Reason: In the interests of neighbour amenity.

8. If the acoustic assessment scheme shows the noise levels exceed the limits in Condition 6 the turbine shall cease operation until remedial measures have been taken to reduce noise to approved levels.

Reason: In the interests of neighbour amenity

Annexe to Reasons for Conditions

(as required by Article 22 of the Town and Country Planning

(General Procedure) Order 1995 - as amended)

Policy DW-E1 (General development criteria)

Development shall be appropriate and sympathetic in scale, appearance, materials, form, siting and layout, and shall not cause unacceptable effects by reason of visual intrusion, overlooking, shading or other adverse impact on local amenities.

Developers shall have regard to:

a) the scale and siting of the proposal in relation to adjoining development,

spaces, the character of the area and the wider landscape. This will involve

consideration of height, massing and density, relationship to adjoining buildings and land uses and landscape features on and off site, and other potential impacts of the proposal on local amenities e.g. noise, light or other forms of pollution, including those arising from traffic generated by the development (see also Policy DW-E43, Section C6); and b) materials and built form in relation to the character of adjoining development, local vernacular and any historic features (see also Policies DW-E18 to DW-E29, Section C2).

Policy DW-E30 (Development in the Green Belt)

The general policies controlling development in the countryside outside of the New Forest set out in Part E of the Plan apply with equal force in areas designated as Green Belt. However, there is, in addition, a general presumption against inappropriate development in the Green Belt. Inappropriate development is, by definition, harmful to the Green Belt. It is for the applicant to show why permission should be granted and very special circumstances to justify inappropriate development will not exist unless the harm by inappropriateness, and any other harm, is clearly outweighed by other considerations.

Decisions on the appropriateness or inappropriateness of development in the Green Belt will be made in accordance with paragraphs 3.4-3.12 of PPG2.

C3.2 This local plan defines the remaining South West Hampshire

Policy CO-E1 (The countryside outside the New Forest)

All areas outside the New Forest which are not included within a defined built-up

area, as shown on the proposals maps, are defined as countryside, within which

development will be strictly controlled in order to safeguard the character and

appearance of the countryside.

Planning Policy Guidance 2 (PPG2) Green belts

Visual amenity

3.15 The visual amenities of the Green Belt should not be injured by proposals for

development within or conspicuous from the Green Belt which, although they would not prejudice the purposes of including land in Green Belts, might be visually detrimental by reason of their siting, materials or design.