Application No

W/32670

Application Type

Full Planning

Proposal & Location

INSTALLATION OF SINGLE SMALL SCALE WIND TURBINE (85KW) TOGETHER WITH ASSOCIATED EQUIPMENT CABINET AND ANCILLARY WORKS AT LAND AT TRIOL BACH, CYNWYL ELFED, CARMARTHEN, SA33 6SS

Applicant(s)

EMYR DAVIES, TRIOL BACH, CYNWYL ELFED, CARMARTHEN, SA33 6SS

Agent

PLAN-A PLANNING & DEVELOPMENT LTD - ANDREW PYWELL, SUITE D, SWAN YARD, 9-13 WEST MARKET PLACE, CIRENCESTER, GLOUCESTERSHIRE, GL7 2NH

Case Officer

Richard Jones

Ward

Cynwyl Elfed

Date of validation

15/09/2015

CONSULTATIONS Head of Transport and Engineering – No adverse comment raised. Head of Public Protection – More information has been requested by Environmental Health officers on the following grounds - The noise emission data submitted with the application stipulates that the test has been undertaken with regards to a turbine with a hub height of 22.6m, however the proposed wind turbine has a hub height of 36.6m. The noise predictions need to include a correction to account for this difference in hub heights. Also the roughness factor that has been used in the calculations is 0.01, however IEC 61400-11 recommend using ground roughness of 0.05m, therefore this also need to be accounted for. Further information has been submitted by the applicant following the case officer’s request for the above details. This information is currently being assessed by Public Protection Officers. Cynwyl Elfed Community Council – Have responded and requested that more information is submitted with the application, however, the community council have not specified in their response what information is required.

Local Member - County Councillor H Irfon Jones has requested for the application to be reported to planning committee, to assess the economic benefit of the proposal to agriculture enterprise. Ministry of Defence – No objection subject to the MoD standard condition relating to the submission of details once the turbine has been constructed. Spectrum Licensing – No adverse comments raised. The Joint Radio Company Ltd – No interference predicted from proposed turbine. NATS – No safeguarding objection to the proposal. Civil Aviation Authority – No adverse comments raised. CADW – Have assessed the proposal’s impact upon the setting of scheduled ancient monuments in the area and consider the impact of the proposed turbine on settings of these monuments will be, at worst, very slight. Dyfed Archaeological Trust – No response received to date. Natural Resources Wales – We have no objection to the proposal subject to the turbine being sited in accordance with the guidance in Natural England Technical Information note TIN051 ‘Bats and Onshore Wind Turbines’ 3rd Edition (March 2014).

Neighbours/Public - The application has been publicised by the posting of Site Notices adjacent to the site. Five letters of objection have been submitted and these are summarised below:-

Impact upon the landscape and visual amenities of surrounding occupiers and users of the area.

The proposal will have an unacceptable cumulative landscape and visual impact. Turbines are becoming the defining feature in the landscape.

The Inspector’s decision letter raised concerns in respect of W/29252 which are still valid in the case of this proposed turbine which has been re-sited to the north west and close to the two existing turbines on the holding.

Noise impact.

Residents at Glanrhyd consider that the separation distance of 500m from the proposed turbine is too close.

Concern regarding the lack of publicity.

Impact on wildlife. RELEVANT PLANNING HISTORY The following previous applications have been received on the application site:- W/26149 Two 50kw wind turbines Full planning permission 16 July 2013 W/29252 Single turbine (50kw) Appeal dismissed 2nd September 2015

APPRAISAL The application was reported to Planning Committee on 15th December 2015. Members of the Committee unanimously agreed to a site visit following a request by the local member. The report has been updated in response to the local member’s comments on the report’s assessment of economic benefits and landscape and visual impacts. The report has been amended following further details received in respect of noise impact. Details of the formal responses of the Council’s Landscape Officer and Head of Transport and Engineering have also been included. Finally a further refusal reason has been added given that the proposal is also contrary to the Council’s Farm Diversification policy. THE SITE The application site is an area of agricultural land located to the north west of settlement of Hermon and to the south of Cmwpengriag. The site is located off the western flank of the B4333 Road leading from Cynwyl Elfed to Newcastle Emlyn. The site is located outside of development limits in the open countryside. The nearby area has a few sporadic developments generally in the form of farmsteads. The land slopes from the road to the site. The area has no specific designation and is considered to be located in open countryside. The holding relating to the application is known as Triol Bach. The turbine is located to the western end of the land within the applicant’s ownership. The closest property to the turbine (non-financial interest) is Maes y Pwll located to south west approximately 497m from the turbine. Planning permission was refused by the Council (W/29252) and later dismissed at appeal in September 2015 (APP/M6825/A/15/3005586) for a turbine on the applicant’s land some 500m to the south east of the current application site. The appointed Inspector agreed with the Council’s original refusal reasons on cumulative landscape and visual grounds. Approximately 182m and 211m respectively from the application site and on the applicant’s land permission was given for two turbine in July 2013 (W/26149 refers). These are now operational and measure 45m in height and have a rating of 50kw each. To the north west of these operational turbine (approximately 190m-204m) is the location of a consented single turbine pertaining to the Ysgubor Gwair holding. This is not currently operational but once erected will measure approximately 45m A further operational turbine is located approximately 1.18km to the south east of the application site at Clynmaenllwyd farm (Application Number W/26298 refers). This measures approximately 34.5m to blade tip and has an installed capacity of 50kw. THE PROPOSAL The application seeks full planning permission for the construction of a single wind turbine on the Triol Bach holding. The turbine would measure 36.6m to hub and would have 3 x 11.8m blades, creating a maximum height of 48.4m to the tip of the blades at their highest point. The turbine would have a 23.5m blade diameter. The previously refused turbine was 2m shorter in term of blade tip height and had a smaller blade diameter of 19.2m. The current proposal has a blade diameter some 4m longer. The turbine will be sited approximately 600m to the north west of the complex of farm buildings associated with the holding.

The turbine will have an installed generating capacity of 90kw. The application states that the turbine would generate energy for the holding with excess energy feeding back to the national grid. In the supporting documents it is apparent that the turbine is required to generate electricity for the farm’s ongoing milking enterprise (paras. 7.4 – 7.6, Design and Access Statement). The applicant considers that this will reduce energy bills and increase income streams that strengthen the viability of the business. Any excess energy produced by the turbine will be sold to the local network operator. The proposed turbine is the Endurance E-4660. It has fibreglass/epoxy blades in white, with the nacelle being painted, galvanised, welded, steel in white, with a painted, galvanised steel sectional welded tubular mast also being white. The application states visually the turbines are smooth and sleek with a non-industrial look mitigating many negative visual impacts some associated with larger scale wind farm installations. The transformer would be located in existing buildings at the main part of the holding with cabling running from there to the site.

The proposal would involve the construction of a concrete foundation on which the turbine mast will be mounted. It also involves the laying of underground cabling between the turbine and the farm complex and grid. The base for the turbine would measure 10m by 10m.

Excavations for the foundation and cable trenches will be carried out by a small, tracked mini-digger. The turbine would be delivered to site on a flat bed articulated lorry. One crane is used to construct the turbine. The construction of the turbine would involve a small number of HGV movements for the concrete which will be the most intensive aspect of the delivery. No new permanent access track is shown as being required as an existing track will be utilised for delivery of the turbine components. The application has been accompanied by a suite of documentations and plans that include: a planning, design and access statement, a landscape and visual assessment containing wire lines, photomontages and Zone of Theoretical Visibility (ZTV), cumulative assessment, a noise assessment, and an ecological assessment, PLANNING POLICY Proposals for wind turbines must comply with the criteria of Policy RE2 (Local Community and Small Scale Wind Farms) of the Carmarthenshire Local Development Plan (LDP) (December 2014). Proposals will be permitted provided the development will: not have an unacceptable impact upon the visual amenity or landscape character through: the number, scale, size, design and siting of turbines and associated infrastructure; the development will not have an unacceptable cumulative impact in relation to existing wind turbines and other renewable energy installations and those which have permission; the siting, design, layout and materials used should be sympathetic to the characteristics of the landform, contours and existing features of the landscape; the development would not cause demonstrable harm to statutorily protected species, and habitats and species identified in the Local Biodiversity Action Plan; turbines and their associated structures will not be sited will not be sited in, or impact upon archaeological resources, the setting and integrity of Conservation Areas, Listed Buildings, or other areas of historical value; Proposals will not cause an unreasonable risk or nuisance to, and impact upon the amenities of,, nearby residents or other members of the public; No loss of public accessibility to the area, and existing bridleways and footpaths will be safeguarded from development with no permitted loss of their length and quality; Turbines and associated infrastructure will, at the end of

the operational life of the facility, be removed and an appropriate land restoration and aftercare scheme agreed; The development will not result in significant harm to the safety or amenity of sensitive receptors and will not have an unacceptable impact on roads, rail or aviation safety; the development will not result in unacceptable electromagnetic interference to communications installations; radar or air traffic control systems; emergency services communications, or other telecommunications systems. At the more strategic policy level Policy SP11 (Renewable Energy and Energy Efficiency) of the LDP states that “development proposals which incorporate energy efficiency measures and renewable energy production technologies will be supported in areas where the environmental and cumulative impacts can be addressed satisfactorily. Such developments will not cause demonstrable harm to residential amenity and will be acceptable within the landscape. Each proposal will be assessed on a case by case basis”. National Policy is provided by Planning Policy Wales Edition 6 February 2014 as follows:- 12.8 Sustainable Energy 12.8.1 The UK is subject to the requirements of the EU Renewable Energy Directive.

These include a UK target of 15% of energy demand from renewables by 2020. The UK Renewable Energy Roadmap sets the path for the delivery of these targets, promoting renewable energy to reduce global warming and to secure future energy supplies. The Welsh Government is committed to playing its part by delivering an energy programme which contributes to reducing carbon emissions as part of our approach to tackling climate change (see 4.5) whilst enhancing the economic, social and environmental wellbeing of the people and communities of Wales in order to achieve a better quality of life for our own and future generations. This is outlined in the Welsh Government’s Energy Policy Statement Energy Wales: A Low Carbon Transition (2012).

12.8.2 Planning policy at all levels should facilitate delivery of both the ambition set out in

Energy Wales: A Low Carbon Transition and UK and European targets on renewable energy. The Renewable Energy Directive contains specific obligations to provide guidance to facilitate effective consideration of renewable energy sources, high-efficiency technologies and district heating and cooling in the context of development of industrial or residential areas, and (from 1 January 2012) to ensure that new public buildings, and existing public buildings that are subject to major renovation fulfil an exemplary role in the context of the Directive. The issues at the heart of these duties are an established focus of planning policy in Wales, and in this context both local planning authorities and developers should have regard in particular to the guidance contained in Technical Advice Note 8: Planning for Renewable Energy, TAN22 and Planning for Renewable Energy – A Toolkit for Planners. The Welsh Government will however consider the preparation of further targeted guidance where appropriate.

12.8.6 The Welsh Government’s aim is to secure an appropriate mix of energy provision

for Wales which maximises benefits to our economy and communities, whilst minimising potential environmental and social impacts. This forms part of the Welsh Government’s aim to secure the strongest economic development policies to underpin growth and prosperity in Wales recognising the importance of clean

energy and the efficient use of natural resources, both as an economic driver and a commitment to sustainable development.

12.8.9 Local planning authorities should facilitate the development of all forms of

renewable and low carbon energy to move towards a low carbon economy (see 4.4.3) to help to tackle the causes of climate change (see 4.7.3). Specifically, they should make positive provision by:

considering the contribution that their area can make towards developing and facilitating renewable and low carbon energy, and ensuring that development plan policies enable this contribution to be delivered;

ensuring that development management decisions are consistent with national and international climate change obligations, including contributions to renewable energy targets and aspirations;

recognising the environmental, economic and social opportunities that the use of renewable energy resources can make to planning for sustainability (see Chapter 4); and

ensuring that all new publicly financed or supported buildings set exemplary standards

12.8.10 At the same time, local planning authorities should:

ensure that international and national statutory obligations to protect designated areas, species and habitats and the historic environment are observed;

ensure that mitigation measures are required for potential detrimental effects on local communities whilst ensuring that the potential impact on economic viability is given full consideration; and

encourage the optimisation of renewable and low carbon energy in new development to facilitate the move towards zero carbon buildings (see 4.11 and 4.12).

12.10.1 In determining applications for renewable and low carbon energy development and

associated infrastructure local planning authorities should take into account:

the contribution a proposal will play in meeting identified national28, UK and European targets and potential for renewable energy, including the contribution to cutting greenhouse gas emissions;

the wider environmental, social and economic benefits and opportunities from renewable and low carbon energy development;

the impact on the natural heritage (see 5.5), the Coast (see 5.6) and the Historic Environment (see 6.5);

the need to minimise impacts on local communities to safeguard quality of life for existing and future generations;

ways to avoid, mitigate or compensate identified adverse impacts;

the impacts of climate change on the location, design, build and operation of renewable and low carbon energy development. In doing so consider whether measures to adapt to climate change impacts give rise to additional impacts (see 4.5);

grid connection issues where renewable (electricity) energy developments are proposed; and

the capacity of and effects on the transportation network relating to the construction and operation of the proposal

Consideration is also given to Planning Policy Wales - Technical Advice Note (TAN) 8 - Planning for Renewable Energy. Para 2.12 states -The Assembly Government expects local planning authorities to encourage, via their development plan policies and when considering individual planning applications, smaller community based wind farm schemes (generally less than 5MW). The proposal is considered by the developer in his supporting statement as a means of supporting the farm enterprise, therefore Policy EMP4 is relevant. This policy states that proposals for farm diversification projects will be permitted, subject to a number of criteria. Those which are of relevance to this application are as follows: a)“It is subordinate to, compatible with and supports the continued operation of the agricultural activity of the existing working farm; b) It is of a scale and nature appropriate to the existing farm operation; c) The scale and nature of the activity is compatible with its accessibility to public transport and the need for local highway improvements; and e) It would not have an adverse impact on the character, setting and appearance of the area and the surrounding landscape and where appropriate, townscape.” The following sections will assess the proposal against specific material planning considerations and will be followed by a balancing exercise which will conclude whether the proposal is acceptable or not at this location. Landscape and Visual The Council’s landscape officer has been consulted on this application and a summary of his response is provided below: Physical landscape impacts

Physical landscape impacts are caused by direct effects arising from construction of the proposed development. Impacts may arise from the removal, reduction in scale or changes to existing landscape elements. Impacts may also arise from the effects of excavation, filling and disturbance of existing ground through construction phase management and final proposals for excavated material.

Observations and Advice It is considered that the scale of the turbine model is such that, potential impacts to existing landscape elements and features may be expected to challenge the relevant policy objectives of the Carmarthenshire County Council LDP [December 2014].

Landscape character impacts

Indirect impacts to landscape character are caused by the physical presence of the proposed development in views, and the resultant effects upon the existing landscape character.

Wind turbine development inevitably results in changes to local landscape character through the introduction of new, manmade moving landscape elements. The significance of these changes in terms of magnitude and extent of effect have been assessed through appraisal of the submitted information, consideration of LANDMAP and landscape designations, and site visit.

Observations

i) It is advised that the proposed scheme will have an adverse impact upon the landscape character of the immediate area. ii] Whilst it is acknowledged that the individual effect of the proposed turbine is not considered to result in significant additional impact, it is considered that the combined cumulative effects with the other Operational, Consented and in-Planning (OCP)

developments particularly the two operational turbines at Triol Bach [W/26149] and the individual turbine at Land at Ysgubor Gwair [W/29340] would create a cluster of four small scale turbines which would challenge the capacity of the receiving landscape, such that the immediate landscape will start to become characterised by wind turbine development. It is considered that introduction of the proposed turbine would result in wind turbines forming a key characteristic of the local landscape, hence changing the landscape to that of a ‘landscape character area with wind turbines’ It is advised that the DMO consider the proposed scheme in the context of the implicit objective of TAN 8 [Annex D; para 8.4]; to maintain the landscape character in landscapes outside the strategic search areas; and to avoid significant change in landscape character from wind turbine development.

It is advised that the proposed scheme be considered fully in the context of the appeal;

decision [APP/M6825/A/15/3005586] for the initial planning application [W/29252] at Triol Bach, at a location to the south of the proposed scheme which states at para 16. ‘Whilst acknowledging the presence of other existing and consented turbines, I do not consider that at present their scale and spacing make them a defining characteristic of the landscape. However, the addition of a further turbine approximately mid-way between those existing and consented would increase the number of turbines in a relatively small area and would result in a number of them being viewed together. I consider that the proposed turbine would change the balance and result in the scale and spacing of turbines within the area and visible from the surroundings exceeding the capacity of the immediate landscape to absorb them without fundamentally altering its character. I find this would be harmful to the character and appearance of the area.’

Whilst it is acknowledged that the proposed turbine is located at a closer spacing to three other OCP turbines of a similar model, than the appeal site, it is considered that the Planning Inspector’s observations particularly with regard to ‘the capacity of the immediate landscape’ be fully addressed as a material consideration in determination of the current application.

Advice

In this case, it is advised that the location and scale of the turbine model and its relation to topography, other OCP

development, and the predicted magnitude of effect in relation to the sensitivity of the receiving landscape, are such that the significance of impacts to landscape character, or areas designated for their landscape value, are considered to represent a significant challenge to the relevant policy objectives of the Carmarthenshire County Council LDP [December 2014]. Impacts are of a significance to constitute a justifiable reason for refusal on the grounds of impacts to landscape character in the context of the planning balance and should be fully addressed by the DMO against the benefits of the application.

i] Impacts to residential visual amenity

Address points of residential properties within an initial search area of 10x the blade tip height of the proposed turbine location have been identified through review of CCC MAPInfo data. A desk top appraisal using aerial photography and broad scale site visit observations from publicly accessible points near to the identified properties has been undertaken. Properties at a separation greater than the initial search area with particularly open views and direct orientation are included in the appraisal if identified through site visit observation. Individual properties have not been visited.

Observations

The appraisal of impacts to residential visual amenity has addressed the following: -

- orientation of the main fenestrated elevations of identified properties in relation to the proposed turbine development.

- location of primary amenity space associated with the property in relation to the proposed turbine development. Primary amenity space includes evident garden areas, and any conservatories or external decking areas.

- presence of close range screening by vegetation or landform in the direction of the proposed development.

- extent of other available views from the property and primary amenity space

- relative elevation between the turbine development and residential properties

Advice

It is advised that the location of the scheme, scale of the turbine model and its relation to the topography; other OCP

development; and the proximity and orientation in relation to the identified properties, and any intervening screening elements, is such that the proposal is considered to result in impacts to residential visual amenity at Maespwll, Highgate, Black Lion, Bryn Lwyd and Triol Bach. It is acknowledged that the interpretation of relevant policy, is ultimately the responsibility of the case planning officer, as such, it is recommended that the officer fully consider the impacts to residential visual amenity as identified in the Impact Table along with any additional information submitted as part of representations by local residents in the context of the relevant policy objectives. It should be noted that although the significance of

impacts upon residential visual amenity may not be considered to be against relevant policy, the significance of any identified impacts upon individual residential visual amenity should be fully considered against the benefits of the proposed scheme in the context of the planning balance. Impacts to visual amenity from areas accessible to the public

Impacts upon the visual amenity of users of publicly accessible areas have been considered through review of CCC MAPInfo data and through site visit to address impacts to publicly accessible points.

Observations and Advice

In this case, it is advised that the proposed scheme will form new, manmade moving elements within some views from publicly accessible areas. The location and scale of the turbine model and its relation to the topography, other OCP

development, and proximity to roads and footpaths, and other areas accessible to the public, is such that the impacts are considered to represent a significant challenge to the relevant policy objectives of the Carmarthenshire County Council LDP [December 2014].

Specifically: -

i] Users of the local public footpath network with views of the proposed development specifically PRoW routes 6/46, 6/43 and 6/45

It is advised that the proposed scheme be considered fully in the context of the appeal;

decision [APP/M6825/A/15/3005586] for the initial planning application [W/29252] at Triol Bach, at a location to the south of the proposed scheme which states at para 17 that ‘There would be close up views of the proposed turbine from the public footpath that crosses the field to the west of the site and more distant views from the paths to the north and north west. Whilst I acknowledge that users of these paths will already experience views of existing turbines I find the proximity of the turbine to the path to the west would result in it being an imposing and overbearing feature to the open characteristics of this section of the path. I find the combined effect of several turbines along the route would alter the characteristics of this rural path network through an open plateau landscape to an extent that would be harmful to the overall enjoyment of the network of public rights of way in the area.’

Whilst it is acknowledged that the proposed turbine is located at a greater separation from the PRoW network than the appeal site, the combined cumulative impact with the three other OCP turbines of a similar model, is such that the Planning Inspectors observations particularly with regard to impacts to the ‘overall enjoyment of the network of public rights of way in the area’ be fully addressed as a material consideration in determination of the current application.

ii] Users of the B4333

It is advised that the proposed scheme be considered fully in the context of the appeal; decision

[APP/M6825/A/15/3005586] for the initial planning application [W/29252] at Triol Bach, at a location to the south of the proposed scheme which states at para 19 ‘The turbines would also be visible to receptors using the section of the B4333 that passes the site. Whilst I acknowledge that these views are screened to a certain extent by hedgerows and are therefore intermittent, there would be clear views of the proposed turbine and those already existing and consented when travelling along sections of the road. Views when exiting Hermon in a northerly direction are

particularly evident and I consider that the combined effect of the turbines would be a dominating and defining feature of the landscape to those using the road and would adversely affect the visual amenities of road users’.

Whilst it is acknowledged that the proposed turbine is located at a closer spacing to three other OCP turbines of a similar model, than the appeal site, it is considered that the Planning Inspectors observations particularly with regard to ‘the combined effect of the turbines as a dominating and defining feature of the landscape to those using the road’ be fully addressed as a material consideration in determination of the current application.

Impacts are of a significance to constitute a justifiable reason for refusal on the grounds of impacts to landscape character in the context of the planning balance and should be fully addressed by the DMO against the benefits of the application. Based on the above advice from the Council’s Landscape Officer and the conclusions drawn by the Planning Inspector that presided over the previous turbine application to south west, an assessment of the proposal’s impact upon landscape character and visual amenity will now follow: Despite the differences in the turbine’s amended position being some 500m to the north west it is considered that the proposal will still result in unacceptable impacts which are contrary to local planning policy. It is acknowledged that the proposed turbine will form a closer relationship with the two operational turbines and consented turbine at Ysgubor Gwair, thus forming a more cohesive cluster than the previously refused site location (W/29252), however, the proposal will introduce an additional turbine into the landscape to the extent that its rural character will be eroded further. This proposal will lead to the area becoming characterised by turbines. This was noted by the Planning Inspector that dealt with the previously refused turbine to the south west whereby it would exceed the capacity of the immediate landscape to absorb further turbines thus fundamentally altering its character (para 16 of Inspector’s decision letter refers): 16. Whilst acknowledging the presence of other existing and consented turbines, I do not consider that at present their scale and spacing make them a defining characteristic of the landscape. However, the addition of a further turbine approximately mid-way between those existing and consented would increase the number of turbines in a relatively small area and would result in a number of them being viewed together. I consider that the proposed turbine would change the balance and result in the scale and spacing of turbines within the area and visible from the surroundings exceeding the capacity of the immediate landscape to absorb them without fundamentally altering its character. I find this would be harmful to the character and appearance of the area. Her conclusions infer that more turbines of the scale previously refused in this vicinity would be harmful to the character and appearance of the area. On this basis it is considered that the proposal will have an unacceptable impact upon landscape character in combination with other OCP developments. The previously refused turbine was sited closer to an existing public footpath and due to its siting and scale the Inspector considered the proposal an imposing and overbearing feature when viewed from a section of the footpath approximately 50m away from the turbine (para 17 refers):

17. There would be close up views of the proposed turbine from the public footpath that crosses the field to the west of the site and more distant views from the paths to the north and north west. Whilst I acknowledge that users of these paths will already experience views of existing turbines I find the proximity of the turbine to the path to the west would result in it being an imposing and overbearing feature to the open characteristics of this section of the path. I find the combined effect of several turbines along the route would alter the characteristics of this rural path network through an open plateau landscape to an extent that would be harmful to the overall enjoyment of the network of public rights of way in the area. In the case of the current proposal, this distance from the footpath is approximately 250m away and whilst the effect from the turbine will be less imposing upon users there are public rights of way encircling the proposed turbine to the south, west and north and as such the proposal in combination with operational and consented turbines in the immediate vicinity will have an unacceptable adverse cumulative impact upon the open plateau landscape the footpath network crosses to the detriment of the visual amenity of its users. In terms of the impact upon residential visual amenity the Inspector considered that properties along the B4333, in particular those at elevated levels to the site (Black Lion and Brynllwyd) would have direct views of the W/29252 turbine. Her concerns are referred to below: 18. The turbine would also be visible from a number of residential properties in the vicinity. I am satisfied that views from properties closer to the site including Dychwelfa that is currently under construction, would be partially screened by the topography and screening and I do not find the proposed turbine would be harmful to the visual amenities of occupants within close proximity to the proposal. Nonetheless, properties on the B4333, and in particular Black Lion Farm and Brynllwyd are situated at an elevated level to the site and have direct views towards the site and the surroundings that already contains several turbines. The additional turbine would add a further moving dimension into this open landscape in direct view of these properties and their views would become dominated by wind turbines. I find this would be harmful to their visual amenities. The current proposal would be within the same field of vision to that previously refused when seen from these dwellings, and although the proposal will appear to form part of a larger grouping, it will nevertheless introduce a further turbine into the view. Therefore it is considered that the outlook from these properties would become dominated by turbines to the extent the visual amenities of their occupiers will be unacceptably harmed. Moreover there is a suggestion in the Inspector’s conclusions that a further turbine of similar scale in the vicinity of this existing grouping of operational and consented turbine developments would have unacceptable cumulative visual impacts. The previously refused turbine was adjudged by the Inspector to have a harmful impact visually upon users of the B4333 heading north from Hermon (para 19 refers): 19.The turbines would also be visible to receptors using the section of the B4333 that passes the site. Whilst I acknowledge that these views are screened to a certain extent by hedgerows and are therefore intermittent, there would be clear views of the proposed turbine and those already existing and consented when travelling along sections of the road. Views when exiting Hermon in a northerly direction are particularly evident and I

consider that the combined effect of the turbines would be a dominating and defining feature of the landscape to those using the road and would adversely affect the visual amenities of road users. The effect of the proposed turbine located in a marginally different location when viewed from the south will have a similar impact to that described by the Inspector, if not more harmful on account of the greater blade diameter in this instance. Therefore it is considered that the proposal will have unacceptable visual impacts upon the amenity of users of the B4333. Based on the above assessment it is concluded that the proposal will be unacceptable and in conflict with Policies RE2, EMP4 and SP11 of the Carmarthenshire LDP. Ecology The site consists of improved grassland bounded by hedgerows, as confirmed by the habitat survey. An area of improved grassland will be permanently lost, although the site is considered to be of negligible ecological significance. The LPA’s Planning Ecologist has not responded to date and given that there could be implications upon bat populations in the area it is considered the position on ecological impact cannot be concluded until a response has been received. Noise In terms of the potential noise impact, the submitted application has been accompanied by a noise assessment which includes predicted noise levels that would be experienced at adjacent properties. These levels are based on a report which has also been submitted detailing the noise emissions however these relate to a different turbine model. Further information has been requested from the applicant. This has now been received and is currently being assessed by the Council’s Environmental Health Section. Transportation and Highway Safety The applicant has submitted details of the proposed access for the construction phase of the development. Given the scale of the proposal, deliveries of components are not considered excessive or likely to cause unacceptable disruption along the local road network. No off site highway widening or improvement works are proposed for the delivery of turbine components and materials. Furthermore it is considered that the vehicles accessing the site and their associated movements will be similar to those involved with existing farm deliveries. On this basis it is not considered that the proposal will give rise to any significant highway safety concerns. The Head of Transport has not responded and raised no adverse comments regarding the proposal’s impact upon highway safety. Historic Environment and Cultural Heritage Cadw are satisfied that the turbine maintains adequate distance from the nearest SAMs so as to ensure no significant adverse impacts on their setting. Dyfed Archaeological Trust, the Council’s advisers on archaeological matters have been consulted but have not responded to date.

Other Issues Under certain combinations of geographical position and time of day, the sun may pass behind the rotors of a wind turbine and cast a shadow over neighbouring properties. When the blades rotate, the shadow flicks on and off; the effect is known as 'shadow flicker'. There is no specific guidance in Wales in relation to shadow flicker distances and the distance at which it would have an impact. Annex C of TAN8 states “the problem is seasonal and only lasts for a few hours per day, but needs to be investigated where any potential exists. Developers should provide an analysis of the potential for shadow flicker impacting upon any nearby properties”. However TAN45 “Renewable Energy Technologies” 2002 refers to the issue of shadow flicker. This state’s “In most cases however, where separation is provided between wind turbines and nearby dwellings (as a general rule 10 rotor diameters), "shadow flicker" should not be a problem”. In relation to shadow flicker there are no properties within 130 degrees of the turbines within the 10 x blade diameter distance. The Ministry of Defence have raised no objection to the proposed turbine from a radar and aviation perspective, although will expect to be kept informed by the applicant in the event that the turbine’s location and dimension change. Other bodies with aviation interest (CAA and NATS) have raised no objections to the proposal. No objections have been raised by telecommunication companies operating in the area. The applicant’s Deign and Access Statement describes how the proposed turbine will feed the electricity it produces directly to the farm for use by the dairy operation. Any excess electricity will be sold back to the grid. The applicant also considers that this will in turn help to ensure the long term future of the farm unit for future generations and enable growth and diversity in the business with consequent opportunities for additional employment. The above economic justification is noted, however, it has not been backed up by figures which detail the financial benefit of the electricity from the turbine to the farm enterprise. Notwithstanding this it is considered that the proposed turbine is sited at an unacceptable location given its proximity to other operational and consented turbines and will have an adverse landscape and visual impact at this location. This impact overrides the economic benefit that the proposed turbine will have in addition to the renewable energy benefits. On this basis the proposal is contrary to Policies RE2 and SP11 of the LDP. Furthermore, whilst it is accepted that the proposed turbine will have an economic benefit on the holding it is not considered that the proposal meets the criteria set out in the Council’s Farm diversification policy (Policy EMP4), namely criteria e) “It would not have an adverse impact on the character, setting and appearance of the area and the surrounding landscape and where appropriate, townscape.” THIRD PARTY REPRESENTATIONS The application has been advertised on site by the posting of a site notice. Five letters of objection have been submitted raising concerns regarding landscape and visual impacts as well as cumulative impact with other approved and in-planning turbines and impact on wildlife. These concerns have been addressed in the main body of the report. Impact on wildlife will be commented upon following the response of the Council’s Planning Ecologist.

Regarding the noise impact objection this cannot be dealt with at present as the additional information submitted by the applicant will need to be assessed by the Council’s Public Protection Section. The issue of noise will be addressed following a response from Public Protection officers. CONCLUSION

In conclusion and having regard to all planning policies and material considerations, the proposed scheme will form a new, manmade moving element within some views from residential properties and associated amenity space and from roads/footpaths in the area. The location of the scheme, scale of the turbine model and its relation to the topography and other OCP development; and the proximity and orientation in relation to the properties is such that the proposal will result in significant adverse impacts upon the landscape and visual amenities of the area. The proposal’s positive contribution towards national renewable energy targets / aspirations and reducing carbon emissions, along with the lack of objection in relation to highways, cultural heritage and radar/telecommunications is not considered sufficient to outweigh the impacts described in the report. Furthermore any benefits to the agricultural enterprise underway at the holding will not override the harm incurred upon the landscape and visual amenities of the area. If responses from the Council’s Planning Ecologist and Environmental Health officers raise concerns regarding the proposal’s impact upon biodiversity and residential amenity, further refusal reasons will be added to those listed below. Refusal is recommended.

RECOMMENDATION – REFUSAL

REASONS 1. The proposed development is contrary to Policy RE2 of the Carmarthenshire Local

Development Plan:

Policy RE2 Local, Community and Small Wind Farms Local, Community and Small wind farms or individual turbines will be permitted provided the following criteria can be met in full: a) The development will not have an unacceptable impact on visual

amenity or landscape character through: the number, scale, size, design and siting of turbines and associated infrastructure;

b) The development will not have an unacceptable cumulative impact in relation to existing wind turbines and other renewable energy installations and those which have permission;

c) The siting, design, layout and materials used should be sympathetic to the characteristics of the land-form, contours and existing features of the landscape;

d) The development would not cause demonstrable harm to statutorily protected species, and habitats and species identified in the Local Biodiversity Action Plan;

e) Turbines and their associated structures will not be sited in, or impact upon archaeological resources, the setting and integrity of Conservation Areas, Listed Buildings or other areas of historical value;

f) Proposals will not cause an unreasonable risk or nuisance to, and impact upon the amenities of, nearby residents or other members of the public;

g) No loss of public accessibility to the area, and existing bridleways and footpaths will be safeguarded from development with no permanent loss to their length and quality;

h) Turbines and associated infrastructure will, at the end of the operational life of the facility, be removed and an appropriate land restoration and aftercare scheme agreed;

i) The development will not result in significant harm to the safety or amenity of sensitive receptors and will not have an unacceptable impact on roads, rail or aviation safety;

j) The development will not result in unacceptable electromagnetic interference to communications installations; radar or air traffic control systems; emergency services communications; or other telecommunication systems.

In that The proposed development in combination with other approved, consented and ‘in planning’ wind turbine developments in the area will introduce further man made elements into the immediate and surrounding landscape to the extent that that the landscape character will become that in which wind turbines start to form key characteristics in the landscape, resulting in significant adverse impacts upon that landscape.

In that the location and scale of the turbine scheme and its relationship with the topography, other operational, approved and in planning development; and proximity to roads and footpaths, and other areas accessible to the public, is such that the proposal represents an unacceptable distracting man made element in the landscape leading to significant adverse impacts upon the visual amenities of members of the public.

In that the location and scale of the turbine and its relationship with the topography and other operational, approved and in planning development is such that the proposal represents an unacceptable distracting man made element in the landscape that will have a significant adverse visual impact upon the amenities of neighbouring residential occupiers when viewed from habitable room windows and amenity areas.

On balance the scheme’s renewable energy benefits will not outweigh the harm caused to any of the interests identified above.

2. The proposed development is contrary to Policy SP11 of the Carmarthenshire Local

Development Plan

SP11 Renewable Energy & Energy Efficiency

Development proposals which incorporate energy efficiency measures and renewable energy production technologies will be supported in areas where the environmental and cumulative impacts can be addressed satisfactorily. Such developments will not cause demonstrable harm to residential amenity and will be acceptable within the landscape. Each proposal will be assessed on a case by case basis.

Large scale wind farms will only be permitted within Strategic Search Areas.

In that the proposed development in combination with other approved, consented and ‘in planning’ wind turbine developments in the area will introduce further man made elements into the immediate and surrounding landscape to the extent that that the landscape character will become that in which wind turbines start to form key characteristics in the landscape, resulting in significant adverse impacts upon that landscape.

In that the location and scale of the turbine scheme and its relationship with the topography, other operational, approved and in planning development; and proximity to roads and footpaths, and other areas accessible to the public, is such that the proposal represents an unacceptable distracting man made element in the landscape leading to significant adverse impacts upon the visual amenities of members of the public.

In that the location and scale of the turbine and its relationship with the topography and other operational, approved and in planning development is such that the proposal represents an unacceptable distracting man made element in the landscape that will have a significant adverse visual impact upon the amenities of neighbouring residential occupiers when viewed from habitable room windows and amenity areas.

In that there is insufficient survey data regarding noise impact from the proposed turbine upon surrounding neighbouring occupiers and therefore this impact cannot be adequately assessed.

On balance the scheme’s renewable energy benefits will not outweigh the harm caused to any of the interests identified above.

3. The proposed development is contrary to Policy EMP4 of the Carmarthenshire

Local Development Plan:

Policy EMP4 Farm Diversification

a) It is subordinate to, compatible with and supports the continued operation of the agricultural activity of the existing working farm;

b) It is of a scale and nature appropriate to the existing farm operation; c) The scale and nature of the activity is compatible with its accessibility

to public transport and the need for local highway improvements; and d) The scale and scope of any retail use (where planning permission is

required) would not have an adverse impact on the vitality and viability of retail facilities in nearby settlements, or would undermine the retail hierarchy (see policy RT1);

e) It would not have an adverse impact on the character, setting and appearance of the area and the surrounding landscape and where appropriate, townscape.

In that:

The proposed development in combination with other approved, consented and ‘in planning’ wind turbine developments in the area will introduce further man made elements into the immediate and surrounding landscape to the extent that that the landscape character will become that in which wind turbines start to form key characteristics in the landscape, resulting in significant adverse impacts upon that landscape.