1
Planning, Taxi Licensing and Rights of Way Committee Report
Application No: P/2013/0239 Grid Ref: 329462.56 269584.05
Community
Council:
Knighton Town Council Valid Date:
05/03/2013
Officer:
Holly-ann Hobbs
Applicant: Mr Chris Bevan, Bowdler Farm, Knighton, LD7 1LN.
Location: Bowdler Farm, Knighton, LD7 1LN.
Proposal: Full: Installation of a 50m temporary anemometer mast
Application
Type:
Application for Full Planning Permission
REPORT UPDATE
Members are advised that the above planning application was deferred at the meeting of the
Committee on 25th April 2013 pending further discussions with the Ministry of Defence and
Spaceguard Centre regarding the specification of the required safety light. The following
appraisal constitutes an amalgamation of the previous Committee Report (appendix one) and
the subsequent consultation responses and representations received following the deferral of
the planning application at the said meeting.
Consultee Responses:
Ministry of Defence
Correspondence received 6th June 2013 –
A pulsating infra red (IR) warning beacon would be acceptable. Any such beacon will
need to be able to perform to the following specification:
– IR wavelength – 750 to 900nm (preferably 800 – 850nm for optimum detection by
all military night vision systems).
– IR intensity – 600mW/sr.
– Horizontal Pattern – unrestricted 360 degrees.
– Vertical Pattern – full intensity between +30 deg and –15 deg (Overspill is
acceptable).
– Flash Pattern – 60 flashes per min at a 100-500ms duration (preferably 250ms)
Please can you implement this requirement via a condition in any consent granted?
Representations:
The Spaceguard Centre
Correspondence received 6th June 2013 –
2
After consultation with various experts I have concluded that the fitting of far-Infra red
beacons on the proposed anemometer and turbine would not disrupt the current work
at the Spaceguard Centre. Our major concern would be the use of red (visual) lights
as we observe in the 620–750 nm frequency range; such lights would render our
instruments useless. Since our cameras are particularly sensitive at the top end of the
red/lower end of the infrared the further up the frequency range the better.
Correspondence received 7th June 2013 (confirmation in respect of MOD
specification).
That would be no problem to us. If the wavelength could be pushed as high as
possible (850nm) that would be even better.
Officer Appraisal
In light of the above representations, it is not considered that the proposed safety light
will have an unacceptable adverse impact on The Spaceguard Centre subject to an
appropriate condition securing the specification as detailed within the Ministry of
Defence correspondence received 6th June 2013.
Recommendation:
In light of the above representations, the recommendation is one of approval subject to
the following conditions;
1. The development to which this permission relates shall be begun no later than
the expiration of five years from the date of this permission.
2. The anemometer mast hereby approved shall be limited to a time period of 18
months only from the date of the first implementation of this planning consent.
3. The development shall be carried out strictly in accordance with the plans
received 5th March 2013 stamped as approved.
4. Prior to the commencement of development, a scaled plan detailing the
implementation of bird deflectors (2 metres apart) shall be submitted to and approved
in writing by the Local Planning Authority. Thereafter the development shall be
implemented strictly in accordance with the details so approved.
5. The bird deflectors once installed (condition 4) shall be retained in perpetuity.
Any birds deflectors which break or become detached shall be replaced within one
month.
6. The anemometer mast hereby approved shall be fitted with a pulsating infra
red (IR) warning beacon. The installed warning beacon shall perform to the following
specification unless otherwise agreed in writing by the Local Planning Authority.
– IR wavelength – 750 to 900nm (preferably 800 – 850nm for optimum detection by
all military night vision systems).
3
– IR intensity – 600mW/sr.
– Horizontal Pattern – unrestricted 360 deg.
– Vertical Pattern – full intensity between +30 deg and –15 deg (Overspill is
acceptable).
– Flash Pattern – 60 flashes per min at a 100-500ms duration (preferably 250ms)
Reasons
1. Required to be imposed by Section 91 of the Town and Country Planning Act
1990.
2. To ensure the satisfactory removal of the approved structure in accordance
with policies E3 and E4 of the Powys Unitary Development Plan (March 2010),
Technical Advice Note 8 (2008) and Planning Policy Wales (2012).
3. To ensure adherence to the plans stamped as approved in the interests of
clarity and a satisfactory development.
4. In the interests of the protection of biodiversity in accordance with policies
ENV3 and ENV7 of the Powys Unitary Development Plan (2010), Technical Advice
Note 5 (2009) and Planning Policy Wales (2012).
5. In the interests of the protection of biodiversity in accordance with policies
ENV3 and ENV7 of the Powys Unitary Development Plan (2010), Technical Advice
Note 5 (2009) and Planning Policy Wales (2012).
6. In the interest of safety in accordance with policies GP1 and E3 of the Powys
Unitary Development Plan (2010), Technical Advice Note 8 (2008) and Planning Policy
Wales (2012).
APPENDIX 1 – COMMITTEE REPORT AS PRESENTED ON 25TH APRIL 2013
Planning, Taxi Licensing and Rights of Way Committee Report
Application No: P/2013/0239 Grid Ref: 329462.56 269584.05
Community
Council:
Knighton Town Council Valid Date:
05/03/2013
Officer:
Holly-ann Hobbs
Applicant: Mr Chris Bevan, Bowdler Farm, Knighton, LD7 1LN.
Location: Bowdler Farm, Knighton, LD7 1LN.
Proposal: Full: Installation of a 50m temporary anemometer mast
Application
Type:
Application for Full Planning Permission
4
Site Location and Description
Bowdler Farm is located within the open countryside, approximately one mile south of
Knighton. The site subject to this application is located approximately 760 metres to
the south west of the existing farm complex. The application site is bounded by
agricultural land to the north, east, south and west. Access to the application site is via
an existing access off the B4355 located to the north west.
Consent is sought in full for the installation of an anemometer mast (50 metres to tip)
for a temporary period of 18 months. The proposed anemometer mast will be used to
measure wind characteristics at this location in order assess the suitability of the site
for wind development.
Consultee Response
Knighton Town Council
This is to confirm that Knighton Town Council voted to refuse this application on the
following basis;
1) It will impact on the local landscape and Offa’s Dyke and on public enjoyment of
the area for 18 months.
2) Its sole purpose is to enanle one or more large turbines, which would be
unacceptable according to Powys Planning Policy.
3) Any large turbine(s) in this area are likely to become a precedent for multiple
applications.
Presteigne & Norton Town Council
The above application was discussed at the meeting of the Town Council held last
night.
Having considered the matter fully Members agreed that they did not wish to comment
on the application.
Highways Authority
The existing access to this farm is extremely substandard in terms of width and visibility
and presents a hazard to its users and traffic on the county class II road.
I appreciate that this submission will not generate any significant traffic and therefore do
not object.
However, I wish to clearly make it known that acceptance of this anemometer in no way
indicates acceptance of any future associated development for which the access is
totally unsuitable.
County Ecologist
5
Thank you for consulting me on the above application. I understand it is proposed to
erect a temporary mast supported by guy ropes.
Should you be minded to approve this application, I recommend inclusion of the
following condition:
Prior to the commencement of development, a scheme illustrating the type of bird
deflector, quantity of bird deflectors and spacing of bird deflectors on the guy wires
shall be submitted to the local planning authority for written approval. The approved
scheme shall implemented in full for the life time of the anemometer mast.
Reason: To comply with Powys County Council’s UDP Policies ENV2 and ENV3 in
relation to The Natural Environment, The NERC Act 2006 and to meet the
requirements of Planning Policy Wales (Edition 5,2012).
Countryside Council for Wales
Thank you for your consultation on the above development proposal.
The Countryside Council for Wales (CCW) is the UK and Welsh Government’s
statutory adviser on sustaining natural beauty, wildlife and the opportunity for outdoor
enjoyment in Wales and its inshore waters, and aims to make the environment a
valued part of everyone’s life in Wales.
CCW does not object to the above proposal but recommends that bird deflectors are
attached to all guy wires supporting the proposed mast.
The guy wires of anemometer masts pose a potential threat of bird collision which
could have a detrimental impact on vulnerable bird species. It is noted that the Design
and Access Statement does not refer to the incorporation of bird diverters on the guy
lines of the proposed mast. We advise the inclusion of a condition to specify the use
of bird deflectors on the guy wires. The approved deflectors should be installed on
every guy wire at a spacing of 2m along its entire length, for the duration of the
planning consent. Any deflectors that break or become detached should be replaced
within one month.
Please note that we have not considered possible effects on all local or regional
interests. Therefore you should not rule out the possibility of adverse effects on such
interests, which would be relevant to the local Planning Authority’s general duty to
have regard to conserving biodiversity, as set out in section 40 of the natural
Environment and Rural Communities (NERC) Act (2006). We recommend that you
speak to your Authority’s Ecologist in this regard.
Should you have any queries, or if you require any further information, please do not
hesitate to contact us.
Environmental Health
I have no adverse comments to make.
6
Clwyd Powys Archaeological Trust
Thank you for the consultation on this proposal.
Having checked the location against information retained within the Historic
Environment Record I can confirm that we would have no objection to the placement
of a wind monitoring mast in this field. The nearest listed building is over 1km to the
north west and Offa’s Dyke is 1.4 km to the west. No recorded archaeological sites will
be impacted by the mast installation, or the proposed access.
Rights Of Way
With regard to the above mentioned application, thank you for the opportunity for
Countryside Services to comment.
It would appear from the information supplied by the applicant that public rights of way
are not going to be affected by this application for the installation of a 50m temporary
anemometer mast.
Having said this please could you make the applicant aware that at no time should any
public right of way be obstructed during the development process and at no time
should any materials be placed or stored on the line of any public right of way. Any
damage caused to the surface of any public right of way must be made good to at
least its current condition or better.
Countryside Services has therefore no objection based on the information supplied at
this time.
Ministery Of Defence
Thank you for consulting Defence Infrastructure Organisation (DIO) on the above
proposed development. This application relates to a site outside of Ministry of
Defence (MOD) statutory safeguarding areas. We can therefore confirm that the MOD
has no safeguarding objections to this proposal.
In the interests of air safety, the MOD requests that the structure is fitted with aviation
warning lighting. The mast should be fitted with a minimum intensity 25 candela omni
directional red light or equivalent infra-red light fitted at the highest practicable point of
the structure.
Whilst we have no safeguarding objections to this application, the height of the
development will necessitate that aeronautical charts and mapping records are
amended. Defence Infrastructure Organisation (DIO) Safeguarding therefore requests
that, as a condition of any planning permission granted, the developer must notify UK
DVOF & Powerlines at the Defence Geographic Centre with the following information
prior to development commencing:
a. Precise location of development.
b. Date of commencement of construction.
c. Date of completion of construction.
7
d. The height above ground level of the tallest structure.
e. The maximum extension height of any construction equipment.
f. Details of aviation warning lighting fitted to the structure(s).
You can e-mail this information to UK DVOF & Powerlines at icgdgcprodaisafdb@
mod.uk or post it to:
D-UKDVOF & Power Lines
Air information Centre
Defence Geographic Centre
DGIA
Elmwood Avenue
Feltham
Middlesex TW13 7AH
The MOD recognises that a meteorological monitoring mast is frequently deployed
prior to the development of a wind farm. The erection and operation of wind turbines
in this area may affect military aviation and radar. DIO safeguarding would therefore
wish to be consulted on any associated applications for wind turbines 11 metres or
greater in height.
I trust this adequately explains our position on this matter, however should you have
any questions regarding this matter, please do not hesitate to contact me.
Representations
At the time of writing this report, 35 letters of objection have been received by Planning
Services. The concerns expressed therein can be summarised as follows;
_ Landscape and visual impact.
_ Impact on a Scheduled Ancient Monument – Offa’s Dyke Trail
_ Precursor to potential wind turbine development
_ Adverse impact on public rights of way
_ Impact on biodiversity
_ Impact on highway safety
_ Light pollution and intrusion on the landscape
_ Potential conflict with Spaceguard Centre activities caused by the provision of a
safety light (as per MOD request)
_ Impact on tourism
_ Impact on highway safety
Principal Planning Policies
National Planning Guidance
– Planning Policy Wales (2012)
– Technical Advice Note 5 – Nature Conservation and Planning (2009)
– Technical Advice Note 8 – Renewable Energy (2005)
– Technical Advice Note 16 – Sport, Recreation and Open Space (2009)
8
Local Planning Guidance
– Powys Unitary Development Plan (2004)
SP3 – Natural, Historic and Built Heritage
SP12 – Energy Conservation and Generation
GP1 – Development Control
GP3 – Design and Energy Conservation
GP4 – Highway and Parking Requirements
ENV1 – Agricultural Land
ENV2 – Safeguarding the Landscape
ENV3 – Safeguarding Biodiversity and Natural Habitats
ENV7 – Protected Species
ENV17 – Ancient Monuments and Archaeological Sites
RL6 – Rights of Way and Access to the Countryside
RL7 – Long Distance Rights of Way
E3 – Wind Power
RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice
Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement
Officer Appraisal
The principal matters considered relevant to the assessment of the proposed
development are as follows;
Principal of Development
Guidance contained within Planning Policy Wales acknowledges that the generation of
wind energy is a key figure in achieving the vision for renewable electricity production
in Wales. Guidance within Planning Policy Wales seeks to promote the generation and
use of energy from renewable and low carbon energy sources, especially as a means
to secure zero or low carbon developments. Further guidance within the Powys
Unitary Development Plan seeks to support proposals for renewable energy
developments where appropriate however emphasises that the generation of
renewable energy should not be at the expense of the character and appearance of
the landscape and therefore a careful balance is needed.
It is noted that the proposed development relates to the erection of an anemometer
mast for a temporary period of 18 months, after which time, the mast will be removed
and the land returned to its former condition. Taking into account the objectives of both
national and local policies together with the nature of the proposed development, it is
considered that the principle of development is fundamentally acceptable.
Landscape and Visual Impact
9
Guidance contained within UDP policy ENV2 indicates that development proposals
should take account of the quality of the landscape and be appropriate and sensitive
to its character and appearance.
The proposed anemometer mast will be located approximately 760 metres to the south
west of the existing farm complex. The proposed structure will be located within an
existing agricultural field, the boundaries of which comprise of existing vegetation. The
proposed anemometer mast is located within proximity of existing public rights of way.
Public footpath 124/1185/1 is located approximately 680 metres to the west and public
footpath 153/1117/1 is located approximately 530 metres to the south. Offa’s Dyke
National Trail is located approximately 1.35 km (0.84 miles) to the west of the
proposed mast site.
It is acknowledged that significant concern has been expressed by members of the
public regarding the impact of the proposed anemometer mast on the character and
appearance of the surrounding landscape. Despite the visibility of the proposed
anemometer mast, given the slender appearance of the structure together with the
noted distances and existing landscape features, it is not considered that the proposed
mast will have a significant visual impact from the public receptors and viewpoints
identified.
In terms of potential landscape impact, Landmap define the visual and sensory value
of the surrounding landscape as moderate. Having visited the application site is noted
that there is a mature band of woodland located immediately to the south and south
west of the proposed mast which will provide an element of natural screening. In
addition, it is considered that existing features within the surrounding landscape
(vegetation) together with the topography aid the assimilation of the structure within
the landscape and mitigate potential landscape impact. Whilst it is accepted that the
proposed anemometer mast will be visible within the landscape, given the existing
landscape features together with the temporary nature of the proposed structure, it is
not considered that the magnitude of impact will be significant.
On balance, having carefully considered the potential landscape and visual impact, it
is not considered that the proposed anemometer mast will have an unacceptable
adverse impact on the character and appearance of the landscape.
Highway Impact
Guidance contained within UDP policy GP4 indicates that development proposals
should provide adequate highway provision in terms of access, visibility, turning and
parking. Access to the proposed anemometer mast will be provided via an existing
access off the B4355.
Following consultation, the Highways Authority has advised that the existing access to
the farm is extremely substandard in terms of both its width and visibility.
Notwithstanding this, it is acknowledged by the Highways Authority that the proposed
development is unlikely to generate significant traffic and therefore no objection has
been offered.
10
It is noted that concern has been expressed within representations received regarding
the impact on highway safety. Whilst acknowledging the concerns raised, given the
Highway Authority comments, it is not considered that a refusal on highway grounds
would be sustainable.
Impact on Biodiversity
Guidance contained within policies ENV3 emphasises the need to maintain
biodiversity and the nature conservation and amenity value of habitats and features
that are of importance. Following consultation, a response has been received from the
Countryside Council for Wales which offers no objection to the proposed development
subject to an appropriate condition being attached requiring the installation of bird
deflectors at appropriate distances (2 metres apart). Subject to the above, it is not
considered that the proposed anemometer mast will have an unacceptable impact on
biodiversity.
Impact on Public Rights of Way
Provision within the UDP seeks to protect existing rights of way and the amenity of
users. It is noted that the proposed anemometer mast is located within proximity of
existing public rights of way. Public footpath 124/1185/1 is located approximately 680
metres to the west and public footpath 153/1117/1 is located approximately 530
metres to the south.
Following consultation with Countryside Services, a response has been received
which confirms, given the noted distances, the proposed development will not have an
unacceptable impact on any statutory rights of way.
Impact on Scheduled Ancient Monuments
Guidance contained within policy ENV17 seeks to protect Scheduled Ancient
Monuments and their settings. The proposed anemometer mast is located
approximately 1.35 km (0.84 miles) to the east of the Offas Dyke Trail which is a
designated Scheduled Ancient Monument. Having carefully considered the potential
impact on this historical feature, given the noted distance together with existing
landscape features, it is not considered that the proposed development will have an
unacceptable adverse impact on the Offas Dyke Trail. Following consultation, Clwyd
Powys Archaeological Trust has confirmed that they have no objection to the proposed
development.
Public Representations
It is noted that significant concern has been highlighted within public representations
received regarding future turbine development at this location. Whilst the proposed
development is suggestive of future wind development, this does not form part of the
current submission. In the event that an application for a wind turbine(s) at this location
is submitted, this will be considered on individual merit and thus the consideration of
the proposed temporary mast does not offer an indication as to the success of a future
application for a wind turbine(s). In light of the above, whilst appreciating the anxieties
11
of local residents, this does not form part of the current application and therefore it is
considered that limited weight can be given to this matter.
Recommendation
On balance, having carefully considered the proposed development, it is considered
that the proposed anemometer mast is fundamentally in accordance with the relevant
policies. It is not considered that the proposed mast will have an unacceptable,
adverse impact on the character and appearance of the landscape or compromise the
setting of the Offas’ Dyke National Trail. In light of the above, the recommendation
offered is one of approval subject to the following conditions.
Conditions:
1. The development to which this permission relates shall be begun no later than
the expiration of five years from the date of this permission.
2. The anemometer mast hereby approved shall be limited to a time period of 18
months only from the date of the first implementation of this planning consent.
3. The development shall be carried out strictly in accordance with the plans
received 5th March 2013 stamped as approved.
4. Prior to the commencement of development, a scaled plan detailing the
implementation of bird deflectors (2 metres apart) shall be submitted to and approved
in writing by the Local Planning Authority. Thereafter the development shall be
implemented strictly in accordance with the details so approved.
5. The bird deflectors once installed (condition 4) shall be retained in perpetuity.
Any birds deflectors which break or become detached shall be replaced within one
month.
6. The anemometer mast hereby approved shall be fitted with an aviation
warning light. The installed aviation warning light shall have a minimum intensity 25
candela omni directional red light ot equivalent infra-red light fitted at the highest
practicable point of the structure. Once implemented, the warning light shall be
retained in perpetuity.
Reasons
1. Required to be imposed by Section 91 of the Town and Country Planning Act
1990.
2. To ensure the satisfactory removal of the approved structure in accordance
with policies E3 and E4 of the Powys Unitary Development Plan (March 2010),
Technical Advice Note 8 (2008) and Planning Policy Wales (2012).
3. To ensure adherence to the plans stamped as approved in the interests of
clarity and a satisfactory development.
12
4. In the interests of the protection of biodiversity in accordance with policies
ENV3 and ENV7 of the Powys Unitary Development Plan (2010), Technical Advice
Note 5 (2009) and Planning Policy Wales (2012).
5. In the interests of the protection of biodiversity in accordance with policies
ENV3 and ENV7 of the Powys Unitary Development Plan (2010), Technical Advice
Note 5 (2009) and Planning Policy Wales (2012).
6. In the interest of safety in accordance with policies GP1 and E3 of the Powys
Unitary Development Plan (2010), Technical Advice Note 8 (2008) and Planning Policy
Wales (2012).
Notes
The developer must notify UK DVOF and Powerlines at the Defence Geographic
Centre with the following information prior to the development commencing:
1) Precise location of development.
2) Date of commencement of construction.
3) Date of completion of construction.
4) The height above ground level of the tallest structure.
5) The maximum extension height of any construction equipment.
6) Details of aviation warning lightng fitted to the structure.
____________________________________________________
Case Officer: Holly-ann Hobbs- Planning Officer
Tel: 01597 827319 E-mail:holly.hobbs@powys.gov.uk
