Planning Appeals

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Planning Appeals 2016-12-12T10:32:02+00:00

The planning process is often not straight forward and can often be derailed by local politics, not-in-my-back-yard, or statutory consultees, such as the MOD or NATS. When this happens, wholly appropriate wind turbine developments can be refused by the local planning authority.
DC21 always monitor the applications carefully and will advise you on progress towards a decision and the likely outcome. This means we can be ready to submit an appeal at the earliest opportunity with a strong case.
As of January 2014, DC21’s appeal success rate is above the national average, with 55% of turbines approved at appeal.

Case studies:

Matt Bridge Farm – Hyndburn, Lancashire. Application for one Endurance E-3120 wind turbine 25m hub height.

Appeal Ref: APP/R2330/A/13/2194809

The application was refused by the LPA on February 7th 2013 on the following issues:

  • NATS and MoD objection
  • Inappropriate development in the Green Belt and impact on the character and appearance of the area
  • Impact on protected species
Matt Bridge Wind Turbine

NATS and MoD objections were sustained until a few weeks prior to the planned hearing. DC21 submitted a thorough and robust challenge to these objections which neither NATS or the MoD could refute. As a result NATS and the MoD withdrew their objections and the appeal reverted to a Written Representation.
The inspector allowed the appeal on November 5th 2013, the main comments were:

I agree with the appellant that the proposed turbine would have a clear visual link to Matt Bridge Farm and, in my view, would be perceived as part of the existing working agricultural landscape. I conclude that the proposed turbine would not have an unacceptable impact on the character and appearance of the area and that it complies with Policies BD 1, Env 3, Env 5 and Env 6 of the Hyndburn Borough Council Core Strategy 2012.
A single pair of breeding curlew was recorded within a meadow about 500 to 600m away from the site of the proposed turbine and one or two pairs were recorded using the area on a regular basis for passage and feeding. The Council provides no evidence to the contrary and does not dispute the consultants finding that ‘breeding populations of species of principal importance such as curlew and lapwing will not be significantly affected by the turbine proposal’. I see no reason to take a different view and conclude that the proposed wind turbines would not have an adverse impact on protected species and that the proposal complies with Policy Env 5 of the Core Strategy.

Hollin Raikes Farm, Pendle, Lancashire. Application for two Endurance E-3120 wind turbine 36m hub height

Appeal Ref: APP/E2340/A/12/2176103

The application was refused by the LPA on April 3rd 2012 on the following issue:

The proposed turbines, due to their size and prominence would be cause serious harm to the character and overall quality of the landscape.

Hollin Raikes Farm

The inspector allowed the appeal of August 28th 2012, the main comments were as follows:

The occupants of Sedgemoor House would have direct views of the proposed turbines and they would become a strong visual presence and the outlook would undergo a marked change. However, the planning system operates on the basis that there is no right to any view per se. Although the change would be significant, it would be mitigated by the degree of separation and the small scale nature of the proposed turbines. Accordingly, the turbines would not appear dominant and overbearing and would not result in nearby properties becoming unacceptably unattractive places to live in.
By their very nature the introduction of wind turbines would have an impact on the landscape. However, given the broad sweep of the landscape and the small scale of the turbines that impact would not be significant. Although the turbines would alter the outlook for residents, the change would not be so significant as to result in unacceptable harm to living conditions. The turbines in terms of the level of electricity generated for use at Hollin Raikes Farm and for export to the national grid would make a small but useful contribution to reducing dependency on fossils fuels for electricity generation and the production of greenhouse gases. The benefits the proposal in terms of providing for renewable energy would outweigh the limited impact the proposal would have on the landscape and neighbours’ living conditions. On balance, I conclude that the proposal would not conflict with the objectives of development plan Policy 5 or Supplementary Planning Guidance.