| Planning Application Number: |
RB2022/1727 |
| Site Address: |
Land at Penny Hill Lane Ulley 9999 |
| Description: |
Variation of Condition 9 to Extend the Life of Penny Hill Wind Farm, and Removal of Pre-Commencement/Operation Conditions 3, 5, 6, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 24, 26, 29, 30, 31, 33, 35, 36, 37, 43 and 45 of Planning Application ref. RB2009/0824.(Town and Country Planning (EIA) Regulations 2017 Schedule 2 proposal). |
| Officer Recommendation: |
GRANTED CONDITIONALLY |
| Officer Recommendation Date: |
13 June 2023 |
| Decision Date: |
13 June 2023 |
| Decision Type: |
GRANTED CONDITIONALLY |
| Temporary Expiry Date: |
|
| Decision Level/Committee: |
Delegated (Part 2A) |
| Conditions / Reason for Refusal: |
01
The permission hereby granted shall relate to the area shown outlined in red on the approved site plan and the development shall only take place in accordance with the submitted details as shown on the approved plans (as set out below) except as shall be otherwise agreed in writing by the Local Planning Authority.
(Drawing numbers HJB/681/PA05 Rev B Issue A3, HJB/681/PA08 Rev A Issue A3, HJB/681/PA09 Issue A4, HJB/681/PA10 Rev A Issue A4, HJB/681/PA11 Issue A3, HJB/681/PA12 Issue A3, HJB/681/PA13 Issue A3, and HJB/681/PA14 Rev A Issue A3, received on the 9th July 2009).
Reason
To ensure that the development is retained in accordance with the approved plans.
02
The planning permission is for a period of 40 years from the commencement of operations (as identified under Section 56 of the Town and Country Planning Act 1990) on site (24 June 2053).
Reason
Permission for original development would not have been granted but for the very special circumstances relating to the proposal and to protect the long term visual amenity of the Green Belt.
03
Not less than 12 months from the expiry of 40 years from the commencement of operations on site (24 June 2013), or on the cessation of electricity generation at the site, whichever is sooner, details for the removal of the turbines and associated equipment, the restoration of the land to agricultural use, and the phasing of the works, shall be submitted to and approved by the Local Planning Authority. Not less than 6 months from the expiry of 40 years from the commencement of operations on site, or on the cessation of electricity generation at the site, whichever is sooner, all development hereby permitted shall be removed and the land restored to agricultural land in accordance with the approved scheme.
Reason
In the interests of the character of the Green Belt in accordance with Local Plan Policies CS4 Green Belt, SP52 Control of Pollution, SP58 Wind Energy and SP69 Utilities Infrastructure.
04
If any turbine ceases to be operational for a continuous period of at least 6 months, it shall be removed and the land restored to agricultural use in accordance with a scheme of decommissioning works to be submitted to and approved by the Local Planning Authority within 8 months of the cessation of operation of the turbine.
Reason
In the interests of the character of the Green Belt in accordance with Local Plan Policies CS4 Green Belt, SP52 Control of Pollution, SP58 Wind Energy and SP69 Utilities Infrastructure.
05
The aircraft warning lights fitted to the turbines in accordance with Civil Aviation Document CAP 168 as specified in table 6A.1 of that document shall be retained and maintained for the duration of the development.
Reason
In the interests of air traffic safety.
06
The previously agreed sight lines which have been approved and implemented shall be maintained for the duration of the development. Any visibility splays thus provided shall thereafter be kept free from obstruction.
Reason
In the interests of road safety.
07
That part of the site to be used by vehicles shall be constructed with either;
a/ a permeable surface and associated water retention/collection drainage, or;
b/ an impermeable surface with water collected and taken to a separately constructed water retention/discharge system within the site.
The area shall thereafter be maintained in a working condition for the duration of the development.
Reason
To encourage drivers to make use of the parking spaces and to ensure that the use of the land for this purpose will not give rise to the deposit of mud and other extraneous material on the public highway in the interests of road safety.
08
In accordance with the previously agreed details the approved turning area shall be retained for the duration of the approved development.
Reason
In the interests of road safety.
POSITIVE AND PROACTIVE STATEMENT
The applicant and the Local Planning Authority engaged in pre application discussions to consider the development before the submission of the planning application. The application was submitted on the basis of these discussions, or was amended to accord with them. It was considered to be in accordance with the principles of the National Planning Policy Framework.
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