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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 –

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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).

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– 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

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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

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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.

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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.

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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)

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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

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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.

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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

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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.

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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