HMP Haverigg Wind Farm - Partnerships for Renewables

HMP Haverigg Wind Farm 

Planning Statement (Revision A) 

March 2012

PFR (HMP HAVERIGG) LIMITED 


Planning Statement (Revision A) 

March 2012 

Station House | 12 Melcombe Place | London | NW1 6JJ 

t: +44 (0)207 170 7000 | f: +44 (0)207 170 7020 | e: info@pfr.co.uk 

http://www.pfr.co.uk/haverigg 

Partnerships for Renewables is a private limited company | Registered in England and Wales, number 06526742 

Registered at 6th Floor, 5 New Street Square, London EC4A 3BF


Contents 

Page No 

1 Introduction 1 

2 International, European and National Renewable Energy Policy 9 

3 National Planning Policy Guidance 16 

4 The Development Plan 20 

5 Planning Policy Assessment 28 

6 Conclusions 44 

7 References 46 

Appendices 

Appendix 1 - Planning Figures Schedule 

March 2012 i Planning Statement (Revision A) 

Copyright Partnerships for Renewables Development Co. Ltd 2011 ©


1 Introduction 

Introduction to the Proposed Development 

1.1 Partnerships for Renewables Development Company Ltd (PfR) was established primarily to 

facilitate renewable energy projects on land controlled by public sector bodies. In partnership 

with Her Majesty’s Prison Service, PfR has assessed the viability of a site for a wind farm 

scheme at Her Majesty’s Prison Haverigg (HMP Haverigg), located 2.5km to the south west of 

Millom, Copeland Borough in Cumbria County (grid reference SD 141784). The site has been 

developed and designed to be a visually acceptable extension to the existing eight installed 

turbines that adjoin the northern edge of the site boundary. 

1.2 Full planning permission is sought from Copeland Borough Council for a proposed HMP 

Haverigg Wind Farm Scheme involving the erection, 25 year operation and subsequent 

decommissioning of a wind energy development comprised of five wind turbines with a 

maximum overall height (to vertical blade tip) of up to 120.5 metres, together with new access 

track, modification to existing track, improved vehicular access, temporary construction 

compound, hard standing areas, control building and substation, cabling, meteorological 

mast, settlement ponds and other works and development ancillary to the main development. 

1.3 WYG Environment Planning Transport Limited (WYG) was commissioned by PfR to prepare 

and submit a planning application with an Environmental Statement (ES), following an 

Environmental Impact Assessment (EIA), and supporting documents to Copeland Borough 

Council for the proposed HMP Haverigg Wind Farm Scheme. This document forms the 

Planning Statement. A schedule of the planning application figures is set out at Appendix A. 

The Applicant: PfR 

1.4 PfR was established by the Carbon Trust in 2006 to facilitate renewable energy projects 

primarily on land controlled by public sector bodies. PfR works in partnership with public 

sector bodies allowing them to access the economic and environmental benefits associated 

with renewable energy and contribute towards the fight against climate change. The applicant 

for the HMP Haverigg Wind Farm Scheme is PFR (HMP HAVERIGG) LIMITED (the 

Applicant). 

Background 

1.5 The application site is at HMP Haverigg, some 2.5km south west of Millom, in Copeland 

Borough and Cumbria County. 

Application Site and its Context 

1.6 The proposed development site is located 2.5km to the south west of Millom near to the 

southern coast of Cumbria. The approximate centre of the site lies at Grid Reference SD 141 

784. Figure PA 001A Site Location Plan and Figure PA 002A Existing Site Plan show the 

location and extent of the site. The site access connects with North Lane. HMP Haverigg lies 

to the north and east of the site. 

1.7 An existing windfarm lies to the north west of the site includes a total of eight turbines 

constructed in two phases, referred to as Haverigg II and Haverigg III. In this respect, planning 

permission was granted for Haverigg II involving four turbines in November 1995 (LPA 

reference no. 4/95/0553). A further planning permission was granted for Haverigg III with four 

turbines in August 2002 (LPA reference 4/02/0505). The location of those turbines nearest to 

the HMP Haverigg Wind Farm Scheme can be seen on Figure PA 003A Proposed Site 

Layout. The HMP Haverigg Wind Farm Scheme has been designed to provide an acceptable 

extension to the existing Haverigg II and Haverigg III wind farm including seeking to minimise 

landscape and visual effects. East of the site lies open grassland / fields, and Haws Lane 

which leads towards the settlement of Haverigg approximately 1km distant. 

March 2012 1 Planning Statement (Revision A) 



1.8 The south and west boundaries of the site are formed by sand dunes with the Irish Sea 

situated to the south and west. The area outside and to the south / south west of the site is 

designated as a Site of Special Scientific Interest (SSSI), Special Area of Conservation (SAC), 

Special Protection Area (SPA) and RAMSAR site. The boundary of The Lake District National 

Park is approximately 1.5km to the north of the site (some 1.74km from the nearest proposed 

wind turbine). There are a number of Listed Buildings and Scheduled Monuments within 5km 

of the site boundary. 

1.9 The general area of the site is relatively flat, and around 10m Above Ordnance Datum (AOD), 

however, around 1.5km to the north, the ground rises steeply beyond the A5093. The site 

covers approximately 9.9 hectares (ha) and currently comprises unmanaged grassland and 

part of a redundant airfield. 

1.10 The HMP Haverigg prison area comprises redundant farmland which has become overgrown 

together with old runways which were originally part of the airfield here. There are piles of 

broken concrete and other building material forming long bunds crossing the site, and 

agricultural refuse including old machinery. There is also a raised bund to the southern 

boundary of the site with a deep firepond lined with artificial sheeting. Along the north-west 

boundary there is a discontinuous band of pine trees. The remainder of the site supports rush 

pasture, drier grassland and scrub. During wetter months there is standing surface water on 

lower lying areas. The whole of this area is enclosed by security fencing. 

1.11 Haverigg Haws area to the east of the HMP Haverigg prison area comprises low-lying closely 

grazed fields separated by fences and in some cases drainage ditches that are identified as 

being slow flowing, dry or stagnant. These would have originally formed part of the sand dune 

system along the coast with dune slacks and dune grassland behind. 

The Proposed Development 

Description of the Application 

1.12 Full planning permission is sought from Copeland Borough Council for: 

“The erection, 25 year operation and subsequent decommissioning of a wind energy 

development comprised of the following elements: five wind turbines with a maximum overall 

height (to vertical blade tip) of up to 120.5 metres, together with new access track, 

modification to existing track, improved access, temporary construction compound, hard 

standing areas, control building and substation, cabling, meteorological mast, settlement 

ponds and other works and development ancillary to the main development.” 

1.13 The proposal briefly comprises the following elements, which are explained in more detail in 

ES Chapter 4, with the site layout shown in Figure PA 003A, and the elements shown in 

Figures PA 004 to PA 010 inclusive: 

• five wind turbines with a generating capacity of up to 3 Megawatt (MW) each and a 

maximum height to vertical blade tip of 120.5 m above ground level; 

• crane pads at each turbine location - a permanent area of hard standing at the turbine 

position to be used during construction as a crane platform and for occasional 

maintenance requirements; 

• a meteorological mast (height 80m) replacing the existing temporary mast; 

• a control building and substation enabling the generated electricity to be exported to the 

local distribution network; 

• an access from North Lane for construction traffic including abnormal loads; 

• a temporary area of hard standing to be used for the laydown of plant and machinery 

during the construction phases; and 

• water drainage settlement ponds; and 

• installation of a 5.2m high security fencing and gates to match existing along east side of 

access track west of HMP Haverigg. 




1.14 The proposals seek to provide for the micro-siting of the proposed wind turbines and 

associated elements to within 20 metres of locations shown Figure PA 003A and the other 

elements of the proposals including the access tracks, control building and subs-station, 

contractors compound and meteorological mast to within 5 metres of that detailed on the 

above figure. A micro-siting planning condition can appropriately address this matter and this 

approach has been accepted by the Secretary of State on a number of wind farm appeal 

decisions. Micro-siting is addressed in National Planning Statement EN-3 (paragraphs 2.6.44 

and 2.6.45). 

1.15 The point of connection with the electricity network proposed for the project by Electricity 

North West (ENW) is the existing 132kV overhead line near Whicham. It is expected that the 

electricity export cable from the on-site 132kV sub-station to the 132kV line will be buried 

within the public highway and as such no separate planning application will be required for 

new overhead lines. The selection of the grid connection route and form is the responsibility of 

ENW. 

1.16 Although it is not a component part of the proposed scheme, ENW has indicated that an 

alternative grid connection opportunity may be available for the project. This would involve 

underground cable within the public highway from the site to a new sub-station constructed by 

ENW near the A5093. Should this sub-station be constructed it would increase both demand 

and supply capacity within the local electricity network around Millom - enabling additional 

generators to export electricity and providing access to more electricity (or ‘capacity’) for 

industry and employment 

Development Footprint 

1.17 The total operational land take (development footprint) as a result of the proposed HMP 

Haverigg Wind Farm scheme is approximately 1.8 ha. The built up area of the Wind Farm 

Scheme site takes up a small proportion of the application site, 9.9 ha, than that required for 

the construction phase. During construction there will be additional areas of temporary hard 

standing as set out in Table 1. 

Table 1 

Development Footprint 

• Component Area m 2 

• New Site roads (including turning area) • 9,335m 2 

• Use of existing hard surfacing runways and access tracks • 7,405m 2 

• Turbine foundation bases • 80m 2 

• Crane pads • 3,150m 2 

• Temporary laydown areas • 2,625m 2 

• Control building and substation (including hard standing) • 1200m 2 

• Temporary Construction compound and lay down area • 2500m 2 

• Total • 26,295m 2 

Energy Generation 

1.18 The final choice of wind turbines will depend on which models are available in the UK market. 

A number of turbines with an ‘installed capacity’ of up to 3 MW are potentially suitable 

(‘installed capacity’ is the maximum amount of electricity which can be produced at any one 

time). 

1.19 The following figures reflect this range in generation potential based on five wind turbines with 

a combined installed capacity of 15.0 MW which could generate up to 32.85 GWh of 

renewable electricity per year. This is equivalent to the amount of electricity used annually by 




7,360 average households and avoids 14,126 tonnes of CO 2 tonnes of CO 2 equivalent 

emissions per year 1 . 

1.20 The applicant intends that the electricity generated from the wind turbines will be used to 

satisfy local load or demand. To that end, a dedicated electrical connection cable is proposed 

which will transfer energy generated from the HMP Haverigg Wind Farm to the local 

distribution network. Furthermore, it is expected that the turbines, through a private wire 

connection, will be able to provide HMP Haverigg with a significant proportion of its electricity 

requirements. This will help the Government to both reduce the carbon footprint and running 

costs of state infrastructure. 

Candidate Wind Turbines 

1.21 The scheme has been designed to accommodate a candidate turbine of up to 3.0 MW and a 

diagram illustrating the structure of a typical wind turbine is shown as Figure PA 004. 

1.22 Any wind turbine selected for this scheme will have a horizontal axis with a rotor consisting of 

three blades, each approximately 35-39m in length. The blades will be mounted to the wind 

turbine nacelles, at a height of approximately 80-85m and taking account of the dimensions of 

the nacelle, any turbine selected for the site will have a maximum height to vertical blade tip of 

120.5m, irrespective of the final configuration of blade length and hub height. For the 

purposes of the EIA assessments undertaken the Enercon E82 has been used as the 

candidate turbine, since at 82m the rotor diameter is the largest achievable within a tip height 

restriction of 120.5m (see Figure 4.1). Any turbine selected for the site will not exceed the 

maximum height to vertical blade tip of 120.5m, will have a hub height in the range of 80-85m 

and will comply with or perform better than the noise performance characteristics of the E82 

turbine upon which the modelling has been based. 

1.23 For the candidate wind turbine model, blades will rotate at approximately 6 – 18.5 revolutions 

per minute generating power for all wind speeds between about 2 m/s and 25 m/s (4.5–56 

mph). At wind speeds greater than around 25 m/s (56 mph) the turbine will shut down for selfprotection. 

These very high wind conditions typically only prevail for about one per cent of the 

year. 

Electrical Connection 

Off-site grid connection 

1.24 The point of connection with the electricity network proposed for the project by ENW is the 

existing 132kV overhead line near Whicham. It is expected that the electricity export cable 

from the on-site 132kV sub-station to the 132kV line will be buried within the public highway 

and as such no separate planning application will be required for new overhead lines. The 

selection of the grid connection route and form is the responsibility of ENW, however, as 

negotiations have indicated that the expected off-site grid connection route is underground 

1 The Digest of UK Energy Statistics (November 2011) gives 2010 domestic electricity consumption as 118,681 gigawatt-hours 

(GWh) (Shown in table as 118.68TWh) (http://www.decc.gov.uk/assets/decc/statistics/source/electricity/dukes5_1_2.xls) which, 

when divided by the number of households in the UK – 26,591,600 

(http://www.decc.gov.uk/assets/decc/statistics/publications/ecuk/269-ecuk-domestic-2010.xls (table 3.3) – gives an average 

electricity usage of 4,463 kWh per year per household in the UK (118,681,000,000 ÷ 26,591,600 = 4,463). Taking into account 

the candidate turbine for the site, it is expected that five turbines with a total installed capacity of 15 MW could generate up to 

32.85 GWh of renewable electricity per year (based on a conservative capacity factor of 25% – for onshore wind the five year 

average capacity factor (2006–2010 is 26.16% (Table 7.4 – 

http://www.decc.gov.uk/assets/decc/11/stats/publications/dukes/2309-dukes-2011-chapter-7-renewable-sources.pdf). These 

figures are derived as follows in the following example (using a 25% capacity factor): 15,000 kW (5 × 3 MW turbine) × 8,760 

hours/year × 0.25 (capacity factor) = 32,850,000 kWh. Based on the 4,463 kWh household figure, and the predicted electricity 

generation of up to 32.85GWh, it is estimated that the yearly output from the wind turbines will be equivalent to the 

approximate domestic electricity needs of up to 7,360 average households in Britain (e.g. 32,850,000 ÷ 4463 = 7,360). In 

September 2008, the Advertising Standards Authority endorsed a figure of 430 gCO 2/kWh, based on the assumption that the 

energy generated by the wind turbines displaces Combined Cycle Gas Turbines and an average mix generation 

(430 gCO 2/kWh). On this basis, and on the assumption that the wind turbines annual output is up to 32.85 GWh, a wind energy 

development of this scale is expected to displace around 14,126 tonnes of CO 2 equivalent emissions per year. These figures 

are derived as follows (using an output of 32.85 GWh as an example): 32,850,000 kW (output) × 430 gCO 2/kWh ÷ 1,000,000 = 

14,126 tonnes CO 2. 




cable, within the public highway, it has not been included within the study area for the ES. 

Should ENW require any additional infrastructure to secure the grid connection, the works 

will be undertaken by ENW as a statutory undertaker after securing any necessary consents. 

The likely route of the grid connection is depicted in ES Figure 4.9. 

Control Building and Substation 

1.25 The proposed wind turbines will be connected through suitable switchgear to a control building 

on site. The building will house a switch room, metering, protection and control equipment. 

Figure PA 005 provides an illustration of the typical elevations of the control building. Figure 

PA 006 shows the proposed layout for the typical control building, transformer and 

switchgear, along with the proposed palisade fence required to enclose the sub-station 

infrastructure, and its proposed location within the site is shown on Figure PA 003A. The 

control building will have rendered walls and tiled roof. The construction materials for the 

control building will be agreed with the LPA prior to installation on site and this matter can be 

dealt with by planning condition. 

Electrical connections on-site 

1.26 In general, each wind turbine produces electricity at 690 V which is typically transformed via a 

network to 11 or 33 kV via the wind turbine transformers near to the control building. 

1.27 Underground cabling will link the wind turbines to the on-site switch gear, transformer 

compound and control building. Detailed construction and trenching specifications will 

depend on the ground conditions encountered at the time, but typically cables are laid in a 

trench 1000 mm deep and 400–1200 mm wide. To minimise ground disturbance, cables will 

be routed alongside the access tracks wherever practicable. Figure PA 010 shows a typical 

cable trench detail. 

Wind Turbine Locations, Monitoring and Control 

1.28 The expected grid references of the proposed turbines are shown in Table 2 below (obtained 

by GPS readings, accuracy within 10 metres). In accordance with common practice, this 

location may be subject to minor change (micro-siting within a 20 m radius) pending the 

results of detailed micro-siting investigations into aspects such as ground conditions. In 

completing the technical assessments reported in subsequent chapters of this ES, account 

has been taken of the potential for this micro-siting in deriving the reported assessment. 

Table 2 Turbine Locations 

WTG NO X Y 

WTG1 313860 478710 

WTG2 313990 478540 

WTG3 314160 478420 

WTG4 314400 478370 

WTG5 314650 478350 

1.29 The wind turbines will be controlled by a ‘supervisory control and data acquisition’ (SCADA) 

system, which will gather data from the wind turbines and provide the facility to control it from 

a central remote location. A communication cable connecting to the wind turbines will be 

routed in the electrical cable trench connecting the wind turbines to the control building. 

1.30 During commissioning of the wind turbines, wind conditions will be monitored by the proposed 

free-standing meteorological mast that will replace the existing temporary mast on the site, 

which has the benefit of a temporary planning permission. Data is used to monitor the wind 

conditions as well as noise levels. The proposed meteorological mast will be taken down after 

the wind turbines have been decommissioned. 




Off Site Access 

1.31 Due to the abnormal size and loading of wind turbine delivery vehicles, it has been necessary 

to review the public highways that will provide access to the proposed site to ensure they are 

suitable for abnormally large loads, and to identify any modifications required to facilitate 

access for delivery vehicles. A dry run with unladen vehicles will be carried out by the wind 

turbine supplier should the proposed development be granted consent. The wind turbine 

delivery vehicles are abnormal indivisible loads, so a Special Order is required under the 

Road Vehicles (Authorisation of Special Types) (General) Order 2003. 

1.32 The findings of an initial access study and the results from subsequent swept path analysis 2 

led to the identification of the preferred route for component parts of the wind turbines 

(abnormal loads). The turbines components will be landed at Borwick Rails quay side and the 

route then goes through Millom and onto the A5093, before turning into Haverigg and then 

onto North Lane to the site entrance. The studies undertaken have shown that no off site 

highways works are required to allow the delivery of the abnormal loads required for the 

construction of the proposed wind turbines. 

On-Site Access 

1.33 The principal point of access to HMP Haverigg Wind Farm Scheme is proposed from the west 

end of North Lane as shown in Figure PA 003A. 

1.34 Various factors and constraints will influence the on-site track layout: 

• where practical existing concrete hard standing and access tracks associated with the 

site’s former use as an airfield will be utilised; 

• track length is kept to a minimum to reduce environmental effects, construction time and 

material quantities; 

• avoidance of sensitive features and areas; and 

• use of suitable existing crossing / access points where possible. 

1.35 The design and construction of the on-site track is based upon the following criteria: 

• capable of withstanding 100 t plus loads; 

• temporary construction; 

• laid to existing ground levels where practicable; 

• approximately 5m wide; and 

• permeable to minimise surface water drainage systems. 

1.36 The location of the proposed site access track is shown on Figure PA 003A. The access track 

length is approximately 3,348m. This length assumes that the approximately 1,481m of 

access track running along the existing disused runway does not require excavation and 

provides a suitable load bearing surface. Assuming the new lengths of access track can be 

constructed typically, then this will be excavated to a depth of approximately 700mm. 

Therefore, it is expected that 6,535m 3 of material will be excavated during the construction of 

the new lengths of on site access track. It has been assumed the access track will be 

constructed on top of the existing ground level (‘floating design’) where ground conditions do 

not allow a typical foundation to be constructed which would require limited excavation for 

creating a formation level. 

1.37 The completed track will generally be 5m wide. However, at bends, the track will be widened 

as necessary to accommodate the abnormal loads. 

2 Swept Path Analysis uses computer modelling to simulate the trafficking of abnormal loads at sections of roads where there 

may be issues with the existing road geometry. The results give an indication of any remedial works required to accommodate 

the delivery vehicles. 




Construction 

1.38 One temporary construction compound of approximately 50m by 50m is proposed. The 

construction compound will accommodate all the required welfare facilities and material 

storage including a designated refuelling area. 

1.39 The construction period for the proposed turbines will last approximately four to six months 

and will comprise the following activities: 

• construction of new access tracks; 

• formation of site compound including hard standing and temporary site office facilities; 

• construction of crane hard standing areas; 

• construction of turbines foundations; 

• construction of control building and substation including hard standing and palisade 

fencing; 

• excavation of trenches and cable laying; 

• delivery and erection of the wind turbines; 

• delivery and erection of meteorological mast to replace the existing temporary mast; 

• commissioning of site equipment; 

• installation of 5.2m high security fencing and gates to match existing along east side of 

access track west of HMP Haverigg; and 

• site restoration. 

1.40 The project will be constructed in accordance with industry standard techniques and best 

practice, and suitably experienced contractors will be appointed to design, construct and 

commission the wind energy development. The construction works are expected to be 

monitored by an independent Owner’s Engineer, who will also liaise with the various 

environmental and other advisers who will have input into the project. 

Decommissioning 

1.41 The HMP Haverigg Wind Farm Scheme is designed to have an operational life of 25 years. 

At this time, the site will be decommissioned with the wind turbines along with the 

meteorological mast to be dismantled and removed. The control building and substation will 

be removed. The foundation bases for the turbines, meteorological mast and control building 

will be broken out to below ground level and all cables will be cut at depth below ground level 

and left in the ground. The access track will either be left for use by the landowner or covered 

with topsoil. The decommissioning works are estimated to take six months. 

Planning History of the Site 

1.42 The west part of the site was historically used as a former Millom airfield, that closed for flying 

purposes in 1945, and whilst infrastructure from the airfield use remains this area is primarily 

rough grassland within land under the control of the HMP Haverigg. The eastern part of the 

site is primarily used as grassland. The erection of a 50m high meteorological mast was 

granted planning permission in August 2010. The mast was installed in July 2011 and under 

the terms of the planning permission is required to be removed by August 2013. This mast is 

to the removed and replaced by an 80m high meteorological mast as part of the HMP 

Haverigg Wind Farm Scheme. The purpose of the mast is to collection meteorological data, 

primarily wind speed. 

Pre-Application Consultation 

1.43 Consultation with Copeland Borough Council Planning and Environmental Health Officers has 

been ongoing through the pre-application process. An EIA Scoping Opinion was obtained 

from Copeland Borough Council. 




1.44 In addition, stakeholder consultation has been a key part of the design process from an early 

stage in the project. A wide range of statutory and non-statutory stakeholders have been 

consulted throughout the design process as follows: 

• consultation through the EIA process – consultees include: Cumbria County Council, 

Lake District National Park, Natural England, the RSPB, Civil Aviation Authority and 

Ofcom through the scoping and subsequent stages of the EIA process. Guidance has 

been provided on a wide range of technical and environmental matters. 

• public consultation – PfR has carried out a programme of public consultation specifically 

related to the emerging HMP Haverigg Wind Farm Scheme which has included public 

exhibitions, community surgeries and stakeholder workshops. 

• a site specific consultation website has been set up at http://www.pfr.co.uk/haverigg 

1.45 It is envisaged that upon submission of the planning application further public exhibitions may 

be held. A Statement of Community Involvement (SCI) is submitted as part of the suite of 

planning application documents which details the extensive consultation to date and the 

planned consultation. 

Structure of the Planning Statement 

1.46 The structure of this Planning Statement is as follows: 

• Section 2 explains international, European, UK and National renewable energy policy 

and guidance. 

• Section 3 details the relevance of other national planning policy and guidance as set out 

in the Planning Policy Guidance Notes and Statements (PPGs and PPSs). 

• Section 4 sets out the relevant development plan planning policy and any other local 

guidance in so far as it applies to the proposed development. 

• Section 5 assesses the proposed development against planning policy and sets out the 

material planning considerations associated with the proposed development. 

• Section 6 presents the overall conclusions, including an overview showing how the 

proposed development complies with the development plan. 

Planning Application Documentation 

1.47 This planning statement is one of a suite of documents which comprise the planning 

application for the proposed HMP Haverigg Wind Farm Scheme. In addition to this document, 

the planning application comprises: 

• application form and certificates; 

• Design and Access Statement; 

• Environmental Statement and Non-Technical Summary; 

• Statement of Community Involvement; and 

• Planning Figures (Appendix 1 includes a schedule of these figures). 




2 International, European and National Renewable 

Energy Policy 

Introduction 

2.1 This section presents an overview of the key legislation and policy guidance for the provision 

of renewable energy at International, European and National levels. National planning policy 

is a material consideration in the determination of planning applications for renewable energy 

projects. 

International 

2.2 The Kyoto Protocol is an agreement made under the United Nations Framework Convention 

on Climate Change (UNFCCC). It legally commits the signatory countries, including the UK, 

to reduce emissions of carbon dioxide and five other greenhouse gases, or to engage in 

emissions trading. The Kyoto Protocol fully came into force in February 2005. 

European Directives 

2.3 As a result of the Kyoto Protocol, the European Union has set a target of 20% of energy being 

provided from renewable sources by 2020 and Europe’s greenhouse gases being reduced by 

20% or more from the 2005 baseline. As part of the Energy Policy for Europe ‘A Renewable 

Energy Road Map’ was also published. This states that: 

‘The objectives set out can only be achieved by significantly increasing the contribution from 

renewable energy sources in all Member States in electricity and transport and in the heating 

and cooling sector. The challenge is huge, but the proposed target can be achieved with 

determined and concerted efforts at all levels of Government, assuming the energy industry 

plays its full part in the undertaking’(Section1, page 3). 

2.4 Section 2.1 states further: 

‘Nine Member States are now fully on track to reach their target.....Notwithstanding the 

progress made, this is not a time for self congratulation. The majority of Member States are 

still significantly lagging behind in their efforts to achieve the agreed targets. Much more 

needs to be done’ (Section 2.1, page 6 and 7). 

2.5 The European Union (EU) has produced a range of directives relating to renewable energy. 

In 2009, the EU directive on renewable energy (Directive 2009/28/EC) came into force which 

requires member state countries to produce a pre-agreed proportion of energy consumption 

from renewable sources. The EU as a whole adopted a target of at least 20% of total energy 

to be generated from renewable energy sources by 2020. As part of this commitment, by 

2020 the UK is obliged to increase its share of energy from renewable sources to 15% (EU 

Member States have differentiated targets). 

2.6 A report by Renewables UK (International Comparisons: Turbines Densities and Capacity 

Factors, June 2011) identified that currently the UK has some 2,744 operational turbines, with 

a further 2,235 either with planning permission or under construction. The report further 

indicates that an additional 5,021 turbines are required to meet the UK target of 15% of 

energy generation from renewable sources by 2020. 

National Legislation and Guidance 

2.7 There is a range of central Government legislation and guidance resulting from the Kyoto 

Protocol and EU directives, which deal with renewable energy targets and the reduction of 

CO 2 emissions and has been evolving over many years. The most recent relevant legislation 

and guidance is summarised below. 




Energy Legislation, Plans and Programmes 

2.8 In May 2007 the Government issued an ‘Energy White Paper: Meeting the Energy Challenge’. 

This set out the Government’s international and domestic energy strategy and proposals for 

addressing climate change. The White Paper estimated that the UK will need around 30-35 

GW of new electricity generating capacity over the next two decades, and two thirds of that 

capacity should be met by 2020. There is a target that aims to see renewables grow as a 

proportion of electricity supply to 20% by 2020. The 2007 Energy White Paper provided 

further support for the development of renewables stating at paragraph 5.3.67: 

“Recognising the particular difficulties faced by renewables in securing planning consent, the 

Government is also: Underlining that applicants will no longer have to demonstrate either the 

overall need for renewable energy or for their particular proposal to be sited in a particular 

location” (paragraph 5.3.67, page 156). 

2.9 The Governments continued support for onshore wind is emphasised again in the 2011 White 

Paper Planning our electric future: a White Paper for secure, affordable and low‐carbon 

electricity, which states: 

“The Government is already committed to ensuring that the electricity sector delivers its 

share of the renewable energy target. In some scenarios this could mean approximately 30 

per cent of our electricity being generated from renewables by 2020. Much of this will be 

from wind power, onshore and offshore” (Section 2.1.17) 

2.10 The Energy Act 2008 implements the legislative aspects of the 2007 Energy White Paper. 

With regard to onshore wind, the Energy Act strengthens the renewables obligation to drive a 

greater and more rapid deployment of renewables in the UK, increasing the diversity of the 

UK’s electricity mix. The renewables obligation is the current main mechanism for supporting 

large scale generation of renewable electricity. The renewables obligation works by placing 

an obligation on licensed electricity suppliers to source a specified and annually increasing 

proportion of their electricity sales from renewable sources, or pay a penalty. Suppliers meet 

their obligations by presenting sufficient Renewables Obligation Certificates (ROCs). A ROC 

is issued for each megawatt hour (MWh) generated by onshore wind. Where suppliers do not 

have sufficient ROCs to meet their obligations, they must pay an equivalent amount into a 

fund, the proceeds of which are paid back on a pro-rated basis to those suppliers that have 

presented ROCs. The obligation in England & Wales for 2010/11 is 0.111 ROCs per MWh i.e. 

approximately 11% renewable electricity. 

2.11 Alongside the Energy Act the Government has introduced further legislation including the 

Climate Change Act 2008 and the Planning and Energy Act 2008, which are intended to work 

collectively to enable the long term delivery of the UK’s energy and climate change strategy. 

The Climate Change Act creates a new approach to managing and responding to climate 

change by setting ambitious, legally binding targets of at least an 80% cut in greenhouse gas 

emissions by 2050, with specific reduction in CO 2 emissions of at least 26% by 2020 against a 

1990 baseline. The Planning and Energy Act enables local planning authorities to set their 

own energy use and energy efficiency requirements in their local plan policies. It is clear that 

one of the Government’s key objectives, through the various 2008 Acts, is to maximise and 

speed up the delivery of renewable energy provision and to reduce greenhouse gas 

emissions. 

2.12 In July 2009 the Secretary of State for Energy and Climate Change produced the UK 

Renewable Energy Strategy. The Strategy outlines the measures required to meet the legally 

binding target of sourcing 15% of UK energy from renewables by 2020. The Strategy’s lead 

scenario suggests that over 30% of electricity could be generated from renewables by 2020 

(compared to 2.25% in 2008), of which approximately two-thirds are likely to be provided by 

wind farms. Paragraph 2.18 explains that the majority of growth in electricity production from 

renewables will be from wind farms. Box 12 of the Renewable Energy Strategy advises that 

“wind power is currently one of the most developed and cost effective renewable electricity 

technologies. The UK has the largest potential wind resource in Europe.” 




2.13 The “UK Low Carbon Transition Plan – National Strategy for Climate and Energy” was also 

published in July 2009 and sets out the UK’s approach to becoming a low carbon country by 

cutting emissions, maintaining secure energy supplies, maximising economic opportunities 

and protecting the most vulnerable. The Plan explains that to avoid the most dangerous 

impacts of climate change, the increase in average global temperatures must be kept to 2°C, 

and that means global emissions must start falling before 2020. The Plan seeks to build a low 

carbon UK through legally binding ‘carbon budgets’ and investment in energy efficiency and 

clean energy technologies such as renewables, nuclear and carbon capture and storage. 

2.14 To drive the transition to the 80% target cut in carbon emissions by 2050, a set of five year 

carbon budgets to 2022 has been set (three carbon budgets, covering the period 2008 to 

2022). Within the electricity generation sector, this is through the cap set under the EU 

Emissions Trading System, and a range of additional policies to incentivise the development 

and use of low carbon technologies. 

2.15 In parallel with the use of low carbon technologies is the need for the UK to have secure and 

reliable supplies of energy. Gas and oil, which currently supply 75% of the UK’s primary 

energy needs, will remain key sources of energy in the UK but in the longer term, the UK must 

reduce its dependence on fossil fuels. The UK plans to achieve this through reducing the 

need for gas by improving energy efficiency and pursuing its objectives for renewables and 

nuclear power. 

2.16 The 2009 Low Carbon Transition Plan assumes the need for about 43 GW net of new 

capacity by 2020 and about 60 GW by 2025/6, much of which has yet to be consented. Of 

this capacity, some 30% of electricity generation is expected to be from renewable sources by 

2020. 

National Policy Statements for Energy 

2.17 The Government’s suite of six national policy statements (NPS) was approved on 19 July 

2011. The NPSs are a material consideration in decision making on relevant applications that 

fall under the Town and Country Planning Act 1990. While the NPSs are relevant to those 

onshore renewable energy projects producing 50MW of electricity and over, on 9th November 

2009 the Chief Planner at the Department for Communities and Local Government wrote to all 

local authority chief planning officers explaining at Point 17, of Annex A: 

“NPSs may specifically set out policies which will need to be taken into account by decisionmakers 

other than the IPC.......LPAs and other decision-makers should therefore take account 

of those policies when determining applications for consent for below-threshold infrastructure 

applications made under the town and country planning regime. The policies in a draft NPS 

may also be relevant to planning application for below-threshold infrastructure or any appeals 

made under the Town and Country Planning Act.” 

Overarching National Policy Statement for Energy (EN-1) 

2.18 EN-1 is the overarching NPS for Energy and re-affirms the Government’s commitment to meet 

EU and prevailing national targets. An approximate 30% contribution from renewable energy 

by 2020 is deemed appropriate in the context of the need to substantially decarbonise the 

power sector by 2030. This sets us on the path to meeting the economy-wide target to reduce 

greenhouse gas emissions by 80% relative to 1990 levels by 2050. EN-1 advises that 

meeting the 15% renewable target could reduce fossil fuel demand by around 10% and gas 

imports by 20-30%. With regard to onshore wind, EN-1 reiterates that “wind is the most well 

established and currently the most economically viable source of renewable energy available 

in the UK’’ (paragraph 3.4.3, page 26). 

2.19 Paragraph 4.1.3 of NPS EN-1 states: 

“In considering any proposed development, and in particular when weighing its adverse 

impacts against its benefits, the IPC should take into account: 

• its potential benefits including its contribution to meeting the need for energy 

infrastructure, job creation and any long-term or wider benefits; and 




• its potential adverse impacts, including any long-term and cumulative adverse impacts, as 

well as any measures to avoid, reduce or compensate for any adverse impacts” 

(paragraph 4.1.3, page 44). 

2.20 Section 4 of NPS EN-1 then addresses the general considerations associated with renewable 

energy proposals which include matters such as biodiversity, landscape and visual impact, the 

historic environment, aviation effects, traffic and access, flood risk, water quality, land use, 

noise and socio-economics. These matters are assessed in detail in the ES which 

accompanies the planning application and more broadly against relevant planning policies 

later in this planning statement. 

National Policy Statement for Renewable Energy Infrastructure (EN-3) 

2.21 EN-3 is the NPS for renewable energy infrastructure. Paragraph 1.1.1 of NPS EN-3 states 

that “Electricity generation from renewable sources of energy is an important element in the 

Government’s development of a low-carbon economy. There are ambitious renewable energy 

targets in place and a significant increase in generation from large-scale renewable energy 

infrastructure is necessary to meet the 15% renewable energy target” (paragraph 1.1.1, page 

1). EN-3 states that “Onshore wind farms will continue to play an important role in meeting 

renewable energy targets” (paragraph 2.7.1, page 61). 

2.22 In designing renewable energy proposals paragraph 2.4.2 of NPS EN-3 expects applicants to 

demonstrate good design in respect of landscape and visual amenity and in the design of the 

project to mitigate effects such as noise and effects on ecology. 

2.23 Section 2.7 of EN-3 identifies the matters that applicants will need to consider in applications 

including grid connection, access, the nature and extent of decommissioning, and to provide 

clear reasoning for any uncertainty in the proposed design. EN-3 also points out that 

applicants are likely to need flexibility in any consent to allow for any necessary micro-siting of 

elements of the proposed wind farm after its consent and during its construction (see 

paragraph 1.22). 

2.24 Section 2.7 of NPS EN-3 provides generic advice with regard to material considerations 

associated with wind farm proposals including biodiversity, historic environment, landscape 

impact, noise, shadow flicker and access and transport. 

National Planning Policy on Renewable Energy 

PPS 1: Delivering Sustainable Development (2005) 

2.25 PPS 1 sets out the Government’s overarching planning policies on the delivery of sustainable 

development through the planning system. The guidance states that planning should facilitate 

and promote sustainable development by various means that includes making suitable land 

available for development in line with economic, social and environmental objectives to 

improve people’s quality of life (paragraph 5, page 2). The document identifies six key 

principles aimed at ensuring that “…development plans and decisions taken on planning 

applications contribute to the delivery of sustainable development…” (paragraph 13, page 6), 

with specific reference made to promoting the development of renewable energy resources. 

PPS1 also stresses the importance of community involvement in the planning and 

achievement of sustainable development. 

PPS: Planning and Climate Change Supplement to PPS1 (2007) 

2.26 This supplement to PPS1 recognises that planning has a key role to play in helping to tackle 

climate change and outlines ways in which this may be done. Of particular relevance to the 

proposed development is the potential for planning to help “create an attractive environment 

for innovation and for the private sector to bring forward investment, including in renewable 

and low-carbon technologies and supporting infrastructure…” (paragraph 7, page 9). 

Paragraph 19 confirms that in developing the core strategy and supporting local development 

plan documents, planning authorities should provide a framework that promotes and 

encourages renewable and low-carbon energy generation and that policies should promote 

rather than restrict such developments. 




2.27 The supplement to PPS1 also emphasises that “…planning authorities should: - not require 

applicants for energy development to demonstrate either the overall need for renewable 

energy and its distribution, nor question the energy justification for why a proposal for such 

development must be sited in a particular location…” (paragraph 20, page 14) 

PPS 22: Renewable Energy (2004) 

2.28 PPS 22 recognises that “Increased development of renewable energy resources is vital to 

facilitating the delivery of the Government’s commitments on both climate change and 

renewable energy…” (page 6). The document outlines eight key principles that regional 

planning bodies and local planning authorities should adhere to when planning for renewable 

energy, including: 

“…(iv) The wider environmental and economic benefits of all proposals for renewable energy 

projects, whatever their scale, are material considerations that should be given significant 

weight in determining whether proposals should be granted planning permission… 

(vii) Local planning authorities, regional stakeholders and Local Strategic Partnerships should 

foster community involvement in renewable energy projects and seek to promote knowledge 

of and greater acceptance by the public of prospective renewable energy developments that 

are appropriately located. Developers of renewable energy projects should engage in active 

consultation and discussion with local communities at an early stage in the planning process, 

and before any planning application is formally submitted. 

(viii) Development proposals should demonstrate any environmental, economic and social 

benefits as well as how any environmental and social impacts have been minimised through 

careful consideration of location, scale, design and other measures.” 

(PPS22, paragraph 1, pages 7 and 8). 

2.29 Paragraph 3 relates to regional targets and it explains that targets should be expressed as a 

minimum, should be revised upwards if they are met and the fact that a target has been 

reached should not be used in itself as a reason for refusing planning permission for further 

renewable energy projects. 

2.30 Paragraphs 9 to 17 outline the locational considerations for renewable energy developments, 

relating to: internationally designated sites; national designations; Green Belts; buffer zones; 

local designations; and other locational considerations, such as re-use of previously 

developed land and accommodating renewable energy developments in urban as well as 

rural areas. 

2.31 In terms of internationally designated sites, paragraph 9 states that planning permission for 

renewable energy developments that are likely to have an adverse effect on a site for 

international importance for nature and heritage conservation (Special Protection Areas 

(SPAs), Special Areas of Conservation (SACs), RAMSAR Sites and World Heritage Sites) 

should only be granted once an assessment has shown that the integrity of the site would not 

be adversely affected. 

2.32 In terms of nationally recognised designations, including Sites of Special Scientific Interest 

(SSSI), National Parks, Areas of Outstanding Natural Beauty, Scheduled Monuments and 

Listed Buildings, paragraph 11 states that planning permission for renewable energy projects 

should only be granted where it can be demonstrated that the objectives of the designation 

will not be compromised by the development, and that any significant adverse effects on the 

qualities for which the asset has been designated are clearly outweighed by the 

environmental, social and economic benefits. 

2.33 Paragraphs 18 to 25 relate to other considerations that include the landscape and visual 

effects of renewable energy developments, noise and wind turbines. The document states 

that “Of all renewable technologies, wind turbines are likely to have the greatest visual and 

landscape effects. However, in assessing planning applications, local authorities should 

recognise that the impact of wind turbines on the landscape will vary according to the size and 

number of turbines and the type of landscape involved, and that these impacts may be 

temporary if conditions are attached to any planning permissions which require the future de- 




commissioning of turbines.” (paragraph 20, page 13). In addition, the cumulative impact of 

wind generation projects in particular areas needs to be considered at the planning 

application stage (paragraph 21, page 13). 

Emerging National Planning Policy on Renewable Energy 

2.34 This section briefly reviews emerging national policy on renewable energy. While such 

emerging policy is still being developed and is subject to potential amendment, it gives an 

indication of the Government’s future policy direction and is considered to be a material 

consideration in decision-making. 

Draft National Planning Policy Framework 

2.35 The draft National Planning Policy Framework was published for consultation in July 2011. 

This National Planning Policy Framework, when adopted, is intended to replace all the 

existing PPSs and PPGs, as well as a number of Circulars. The Government has indicated 

that the National Planning Policy Framework is likely to be issued in late March 2012 and will 

thus be a key policy document at that time. 

2.36 The draft National Planning Policy Framework sets out a presumption in favour of sustainable 

development, and states that the Government is committed to ensuring that the planning 

system does everything it can to support sustainable economic growth (paragraph 13). 

Paragraph 14 states that “At the heart of the planning system is a presumption in favour of 

sustainable development, which should be seen as golden thread running through ....decision 

taking…” (paragraph 14, page 4). 

2.37 Paragraph 152 supports the delivery of renewable energy. It states that “To help increase the 

use and supply of renewable and low-carbon energy, local planning authorities should 

recognise the responsibility on all communities to contribute to energy generation from 

renewable or low-carbon sources. They should: have a positive strategy to promote energy 

from renewable and low-carbon sources...; and design their policies to maximise renewable 

and low-carbon energy development while ensuring that adverse impacts are addressed 

satisfactorily…” (paragraph 152, page 43). 

2.38 The draft Framework goes on to say that “When determining planning applications, local 

planning authorities should apply the presumption in favour of sustainable development and: 

not require applicants for energy development to demonstrate the overall need for renewable 

or low-carbon energy and also recognise that even small-scale projects provide a valuable 

contribution to cutting greenhouse gas emissions; and approve the application if its impacts 

are (or can be made) acceptable…” (paragraph 153, page 43). 

Consultation PPS – Planning for a Low Carbon Future in a Changing Climate (March 

2010) 

2.39 This consultation PPS was issued in March 2010 for a 12 week consultation period and for 

completeness is considered. However, it is noted that the Government’s current intention is to 

replace all the existing PPSs with the National Planning Policy Framework, and thus the 

consultation document may not be taken forward to produce a finalised PPS in due course. 

2.40 The purpose of the draft PPS is to outline the role of planning in mitigating and adapting to the 

impacts of climate change, including actively supporting and helping to “…drive the delivery of 

renewable and low carbon energy…” (page15). The draft PPS contains fifteen policies: 

eleven plan-making policies, to be taken into consideration in the preparation of regional 

strategies and LDDs; and four development management policies, to be applied directly in the 

assessment of planning applications. 

2.41 Draft Policy LCF14 relates to renewable and low carbon energy generation and provides 

guidance to local planning authorities in their assessment of planning applications for 

renewable or low carbon energy development. Applicants are expected to have taken 

appropriate steps to mitigate any adverse impacts including minimising noise impacts 

(LCF14.2i) and local planning authorities are expected to “give significant weight to the wider 

environmental, social and economic benefits of renewable or low-carbon energy projects 

whatever their scale…” (LCF14.2ii). 




2.42 The draft PPS proposes that regional strategies should set ambitious targets for renewable 

energy and these should be expressed as a minimum amount of installed capacity in 

megawatts for 2015, 2020 and 2030 (Draft Policy LCF2.2). 

2.43 Draft Policy LCF7 at part LCF7.1 requires local requirements for decentralised energy should 

be set out in a development plan document, derived from its assessment of local opportunities 

in line with draft LCF1.4. Draft Policy LCF4.1 requires local planning authorities to, amongst 

other matters, set out the decentralised energy opportunities that can supply new 

development proposed for the area. 

Summary 

2.44 The promotion of renewable energy is a clear priority which runs through European and 

national legislation, plans, programmes and policy. European and national legislation has set 

legally binding targets for renewable energy and reductions in CO 2 emissions. Energy and 

planning policy seek to promote renewable energy development, and recognises the 

important role of on-shore wind projects. National policy states that the development of 

renewable energy is vital to facilitating the delivery of the Government’s commitments on both 

climate change and renewable energy. This legislation and guidance is a significant material 

consideration in the determination of wind energy planning applications. Clearly, as a 

renewable energy development, the proposed HMP Haverigg Wind Farm Scheme complies 

with the policy priority of delivering renewable energy. An explanation of how the proposed 

development complies with the various key aspects of national policy is set out in Section 5. 




3 National Planning Policy Guidance 

Overview 

3.1 The previous section referred to relevant national policy statements relating to renewable 

energy. Wind energy development proposals also need to be assessed with regard to other 

national policy guidance and statements relating to matters such as rural areas, landscape 

impact, biodiversity, cultural heritage and noise. This section reviews key national planning 

policy guidance and statements relating to these matters, which are material considerations in 

the determination of a planning application for the proposed HMP Haverigg Wind Farm 

Scheme. 

PPS 5: Planning for the Historic Environment (2010) 

3.2 PPS 5 sets out planning policies on the conservation of the historic environment (paragraph 1, 

page 1). The scope of PPS5 is directly linked to the definition of heritage assets as “Those 

parts of the historic environment that have significance because of their historic, 

archaeological, architectural or artistic interest…” (paragraph 5, page 1) and encompasses 

non designated heritage assets which are of heritage interest, as well as formally designated 

heritage assets. 

3.3 PPS 5 confirms the Government’s overarching aim is that the historic environment and its 

heritage assets should be conserved and enjoyed for the quality of life they bring this and 

future generations (paragraph 7, page 2). PPS 5 sets out the Government’s objectives for 

planning for the historic environment that include: to deliver sustainable development by 

ensuring, inter alia, that heritage assets are a non-renewable resource; along with to conserve 

England’s heritage assets in a manner appropriate to their significance by ensuring, amongst 

other matters that decisions are based on the nature, extent and level of that significance, 

investigated to a degree proportionate to the importance of the heritage asset (paragraph 7, 

page 2). PPS 5 contains 12 policies of which the following are relevant to the proposed 

development: 

• Policy HE1 refers to heritage assets and climate change and part HE1.2 confirms that 

where proposals that are promoted for their contribution to mitigating climate change have 

a potentially negative effect on heritage assets, local planning authorities should, prior to 

determination, help the applicant to identify feasible solutions that deliver similar mitigation 

but with less or no harm to the significance of the heritage asset and its setting. Part 

HE1.3 of this policy states that “Where conflict between climate change objectives and the 

conservation of heritage assets is unavoidable, the public benefit of mitigating the effects 

of climate change should be weighed against any harm to the significance of heritage 

assets in accordance with the development management principles in this PPS and 

national planning policy on climate change.” 

• Policy HE6 requires applicants to provide a description of the significance of heritage 

assets affected by development proposals and the contribution of their setting to that 

significance, along with an assessment of the impact of the proposal in this respect. 

• Policy HE7 sets out the policy principles guiding the determination of applications for 

consent relating to all heritage assets. This policy confirms, amongst other matters, that 

the local planning authority should seek to identify and assess the particular significance 

of any element of the historic environment that may be affected by the relevant proposal. 

• Policy HE8 states that for heritage assets which are not designated, the effect of an 

application on the significance of such a heritage asset or its setting is a material 

consideration in determining the application. 

• Policy HE9 relates to designated heritage assets and states that there should be a 

presumption in favour of the conservation of designated heritage assets. Policy HE9 

confirms that the more significant the asset, the greater the presumption in favour of 

conservation should be and that the significance of heritage assets can be lost or harmed 




by development within its setting. Policy HE9 advises that substantial harm to heritage 

assets of the highest significance (which include World Heritage Sites) should be wholly 

exceptional. Policy HE9 confirms that where a proposal has a harmful impact on the 

significance of a designated heritage asset which is less than substantial harm, the local 

planning authority should weigh the public benefit against the harm and recognise that the 

greater the harm to the significance of the heritage asset, the greater the justification will 

be needed for any loss. 

• Policy HE10 establishes policy principles for the protection of the setting of designated 

heritage assets, expressing a presumption in favour of proposals that “…preserve those 

elements of the setting that make a positive contribution to or better reveal the significance 

of the asset…” (Policy HE10.1, page 10). 

PPS 5 Planning for the Historic Environment: Historic Environment Planning 

Practice Guide 

3.4 The PPS 5 Practice Guide confirms that proposals for large-scale schemes, such as wind 

farms, that have a positive role to play in the mitigation of climate change and the delivery of 

energy security, but which may impact on the significance of a heritage asset, such as a 

historic landscape, should be carefully considered by the developer and planning authority 

with a view to minimising or eliminating the impact on the asset (paragraph 26, page 11). 

3.5 The PPS 5 Practice Guide confirms that being able to properly assess the nature, extent and 

importance of significance of a heritage asset and the contribution of its setting is very 

important to an applicant to conceive of and design a successful development and to the local 

planning authority in order to make decisions in line with the objectives of the PPS and the 

development plan (paragraph 54, page 19). 

PPS 7: Sustainable Development in Rural Areas (2004) 

3.6 PPS 7 states that sustainable development is the core principle underpinning land use 

planning then sets out the following key principles that should be applied in combination with 

all the policies set out in this PPS: 

(i) Decisions on development proposals should be based on sustainable development 

principles, ensuring an integrated approach to the consideration of: 

• social inclusion, recognising the needs of everyone; 

• effective protection and enhancement of the environment; 

• prudent use of natural resources; and 

• maintaining high and stable levels of economic growth and employment. 

(PPS 7, paragraph 1) 

PPS 9: Biodiversity and Geological Conservation (2005) 

3.7 PPS 9: Biodiversity and Geological Conservation (2005) paragraph 1 sets out the key 

principles to ensure that the potential impacts of planning decisions on biodiversity and 

geological conservation are fully considered. Such key principles include criterion (ii) that 

states “…planning decisions should aim to maintain, and enhance, restore or add to 

biodiversity and geological conservations interests..” and that “…local planning authorities 

should ensure that appropriate weight is attached to designated sites of international, national 

and local importance: protected species; and to biodiversity and geological interests within the 

wider environment.” In addition, the key principle at criterion (vi) states that “The aim of 

planning decisions should be to prevent harm to biodiversity and geological conservation 

interests. Where granting planning permission would result in significant harm to those 

interests, local planning authorities will need to be satisfied that the development cannot be 

reasonably located on any alternative sites that would result in less or no harm. In the 

absence of any such alternatives, local planning authorities should ensure that, before 

planning permission is granted, adequate mitigation measures are put in place. Where a 

planning decision would result in significant harm…which cannot be prevented or adequately 




mitigated against, appropriate compensation measures should be sought. If that significant 

harm cannot be prevented, adequately mitigated against, or compensated for, then planning 

permission should be refused.” (paragraph 1). 

3.8 PPS9 also refers to the opportunity for development proposals to build in beneficial 

biodiversity or geological features as part of good design and using planning obligations 

where appropriate (paragraph 14). Species protection is also referred to in relation to wildlife 

species that receive statutory protection (paragraph 15). In relation to other species identified 

as requiring conservation action as species of principal importance for the conservation of 

biodiversity in England planning authorities should ensure that these species are protected 

from the adverse effects of development, where appropriate, by using planning conditions and 

obligations, and that permission should be refused where harm to the species would result 

unless the need for, and benefits of, the development clearly outweigh that harm (paragraph 

16). 

PPG 13: Transport (2001) 

3.9 PPG 13 states that a safe, efficient and integrated transport system to support a strong and 

prosperous economy is needed (paragraph 1). The objectives of PPG 13 are to integrate 

planning and transport at the national, regional, strategic and local level to: 1. promote more 

sustainable transport choices for both people and for moving freight; 2. promote accessibility 

to jobs, shopping, leisure facilities and services by public transport, walking and cycling; and 

3. reduce the need to travel especially by car (paragraph 4). PPG13 states that conditions 

may legitimately be used to require on-site transport measures and facilities as part of 

development or to prohibit development on the application site until an event occurs, including 

new or improved junction and road layouts (paragraph 82). 

PPG 14: Development on Unstable Land (1990) 

3.10 PPG 14 provides guidance on the effects of land instability on development and land use, and 

outlines how the matter may be addressed in development plans and in the consideration of 

planning applications. The aim of the guidance is to “…ensure that development is suitable 

and that the physical constraints on the land are taken into account at all stages of planning. 

Any scope for remedial, preventive or precautionary measures must also be fully explored so 

that land is not sterilised unnecessarily…” (paragraph 2). 

3.11 PPG 14 outlines that a developer is primarily responsible for determining whether land is 

suitable for a particular purpose and, furthermore, that a developer and/or the /landowner is 

responsible and subsequently liable for the safe development and secure occupancy of a site 

(paragraph 16). 

3.12 PPG 14 states “...where development is proposed on land which the planning authority knows 

is unstable or potentially unstable, it should ensure that the following issues are properly 

addressed by the development proposed: 

- the physical capability of the land to be developed; 

- possible adverse effects of instability on the development; 

- possible adverse effects of the development on the stability of adjoining land; and 

- possible effects on local amenities and conservation interests…” (paragraph 22). 

PPS 23: Planning and Pollution Control (2004) 

3.13 PPS 23 confirms that “The Government attaches great importance to controlling and 

minimising pollution…” (paragraph 4, page 2) and is committed to the principles of sustainable 

development and using the precautionary principle. 

3.14 PPS 23 states that “…Planning should promote a sustainable pattern of land use that will 

contribute to meeting the country’s’ economic, social and environmental needs, whilst 

recognising the precautionary principle…” (paragraph 9, page 4). PPS 23 advises that the 

planning and pollution control systems are separate but complementary and that the planning 

system should focus on whether the development is an acceptable use of land, whilst the 




pollution control system uses measures to prohibit or limit the release of substances to the 

environment from different sources to the lowest practicable level (paragraph 10, page 4). 

The PPS confirms that close co-ordination between planning authorities, transport authorities 

and pollution control regulators is essential to meet the common objective that where 

development takes place, it is sustainable (paragraph 11, page 4). PPS 23 confirms that an 

ES prepared as part of an EIA is usually the most convenient way of ensuring the 

environmental impacts of a significant development proposal are comprehensively considered 

(paragraph 12, page 5). 

PPG 24: Planning and Noise (1994) 

3.15 Paragraph 2 of PPG 24 states that “The impact of noise can be a material consideration in the 

determination of planning applications. The planning system has the task of guiding 

development to the most appropriate locations…new development involving noisy activities 

should, if possible, be sited away from noise-sensitive land uses…” (paragraph 2). 

PPS 25: Development and Flood Risk (2010) 

3.16 PPS 25 aims to ensure that flood risk is taken into account in all stages of the planning 

process to avoid inappropriate development in areas at risk of flooding, and to direct 

development away from areas of highest risk (paragraph 5). The guidance sets out 

thresholds for when a Flood Risk Assessment (FRA) should be carried out for a development 

to assess the extent of any anticipated effects that the proposal may have on current and 

projected flood risk. The PPS also identifies the conditions under which the Environment 

Agency should be consulted on development proposals, including as part of EIA. 

Consultation PPS – Planning for a Natural and Healthy Environment (March 

2010) 

3.17 This consultation PPS was issued in March 2010 for a twelve week consultation period. The 

intention was for it to replace both PPS 9 and PPG 17, as well as paragraphs 21-23, 28-29 

and 33 of PPS 7 (relating to landscape protection, soils and agricultural land quality, and 

forestry respectively), and paragraphs 2.9, 2.10 and 3.9 of PPG 20 (relating to coastal access, 

heritage coast and the undeveloped coast respectively). The draft PPS provides guidance for 

the preparation and application of policy relating to: the natural environment; green 

infrastructure; open space, sport, recreation and play; recreational rights of way; and the 

undeveloped coast and coastal access. It is noted that the Government’s current intention is 

to replace all the existing PPSs with the National Planning Policy Framework, and thus the 

consultation document may not be taken forward to produce a finalised PPS in due course 

Planning for Growth 

3.18 The Right Honourable Greg Clark Minister of State’s Statement “Planning for Growth” of 23 

March 2011 confirms the Government’s top priority in reforming the planning system is to 

“..promote sustainable economic growth and jobs..” then confirms that “Government’s clear 

expectation is that the answer to development and growth should wherever possible be ‘yes’, 

except where this would compromise the key sustainable development principles set out in 

national planning policy.” This Statement also confirms that when deciding whether to grant 

planning permission local planning authorities should, inter alia, “..consider fully the 

importance of national policies aimed at fostering economic growth and employment, given 

the need to ensure a return to robust growth after the recent recession”; “take into account the 

need to maintain a flexible and responsive supply of land for key sectors…”; “consider the 

range of likely economic, environmental and social benefits of proposals..”; and “ensure that 

they do not impose unnecessary burdens on development.” 




4 The Development Plan 

Introduction 

4.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that “If regard is to 

be had to the development plan for the purpose of any determination to be made under the 

planning Acts the determination must be made in accordance with the plan unless other 

material considerations indicate otherwise.” 

4.2 This section describes the Development Plan for the proposed development, as well as other 

regional and/or local policy documents which are considered to be material considerations. At 

present, the Development Plan comprises following: 

• North West of England Plan Regional Spatial Strategy to 2021 (2008); 

• Cumbria and Lake District Joint Structure Plan 2001 – 2016 (2006); and 

• Copeland Local Plan 2001 – 2016 (2006). 

4.3 The relevant policies of the documents which currently form the Development Plan are briefly 

reviewed below. In relation to the other material considerations this section also refers to the 

emerging Local Development Framework and then the relevant supplementary planning 

document. 

Regional Strategy 

4.4 The North West of England Plan Regional Spatial Strategy to 2021 (RS) was approved in 

2008. The RS comprises part of the development plan. The Localism Act 2011 Section 109 

gives the Secretary of State the power to revoke the regional strategies nationally and this 

matter is subject to ongoing consultation (as of February 2012). 

4.5 The Key Diagram shows no site specific allocation for the land associated with the proposed 

HMP Haverigg Wind Farm Scheme. 

4.6 Policy EM 15 A Framework For Sustainable Energy in the North West confirms that plans and 

strategies should promote sustainable energy production and consumption in accordance with 

the principles of the Energy Hierarchy, as set out in Figure 9.2 of the RS, and within the 

Sustainable Energy Strategy. “Renewable energy to be used and renewable sources to be 

developed” is the third item in the Energy Hierarchy, below “Minimising demand for energy…” 

and “Energy use to be as efficient as possible”. 

4.7 Policy EM 17 Renewable Energy confirms that in line with the North West Sustainable Energy 

Strategy, by 2010 at least 10% (rising to at least 15% by 2015 and at least 20% by 2020) of 

the electricity which is supplied within the Region should be provided from renewable energy 

sources. Policy EM 17 confirms that in order to achieve this new renewable energy capacity 

should be developed which will contribute towards the delivery of the indicative targets set out 

in Tables 9.6 and 9.7a-c. Table 9.6 includes indicative regional renewable energy generation 

targets with on-shore wind farms and on-shore wind clusters to provide a total capacity of 

600MW in 2010, increasing to 720MW in 2015 and 720MW in 2020. Tables 9.7a-c 

respectively provide an indicative sub-regional breakdown of targets for total generating 

capacity in Cumbria involving on-shore wind farms and clusters of 210MW in 2010, 247.5MW 

respectively in 2015 and 2020. 

4.8 Policy EM 17 also confirms that opportunities should be sought to identify proposals and 

schemes for renewable energy and includes criteria that should be taken into account in 

relation to a range of environmental and economic matters and then confirms that developers 

must engage with local communities at an early stage of the development process. 

4.9 Policy EM 18 Decentralised energy supply confirms that plans and strategies should 

encourage the use of decentralised and renewable or low-carbon energy in new development 

in order to contribute to the achievement of the targets in Tables 9.6 and 9.7 a-c inclusive, as 

referred to in Policy EM17 above. 




4.10 Policy EM 1 Integrated Enhancement and Protection of the Region’s Environmental Assets 

states that the Region’s assets should be identified, protected, enhanced and managed then, 

amongst other matters, confirms that proposals should deliver an integrated approach to 

conserving and enhancing the landscape, natural environment, historic environment and 

woodlands of the region with specific criteria for each of these environmental matters. 

4.11 Policy EM 5 Integrated Water Management states, amongst other matters, that developers 

should protect the quantity and quality of surface, ground and waste waters and manage flood 

risk by a range of measures. 

4.12 Policy EM 6 Managing the North West’s Coastline states that the proposals should take a 

strategic and integrated approach to the long term management of flood and coastal erosion 

risk by a range of measures. 

4.13 Policy DP 1 Spatial Principles sets out principles that underpin the RS and confirms that 

proposals should adhere to these principles that include: the promotion of sustainable 

communities and economic development; make the best use of existing resources and 

infrastructure; marry opportunity and need; promote environmental quality; mainstreaming 

rural issues and reduce emissions and adapting to climate change. 

4.14 Policy DP 3 Promote Sustainable Economic Development seeks to improve productivity, and 

to close the gap in economic performance between the North West and other parts of the UK. 

The policy confirms that sustainable economic growth will be supported and promoted, and so 

should the reductions of economic, environmental, education, health and other social 

inequalities between different parts of the North West, within the sub-regions, and at a local 

level. 

4.15 Policy DP 5 Manage Travel Demand; Reduce the need to Travel and Increase Accessibility 

states that development should be located so as to reduce the need to travel, especially by 

car, and to enable people as far as possible to meet their needs locally. The policy amongst 

other matters, promotes a shift to more sustainable modes of transport for people and freight. 

4.16 Policy DP 7 Promote Environmental Quality confirms that environmental quality should be 

protected and enhanced by a range of measures in relation to various matters including 

places and landscapes, the historic environment, good quality of design, reclaiming derelict 

land and remediating contaminated land, managing traffic growth and mitigating impacts, the 

tranquillity of the open countryside and rural areas, biodiversity and habitat, air quality, water 

quality and water levels. 

4.17 Policy DP 9 Reduce Emissions and Adapt to Climate Change confirms that as an urgent 

regional priority proposals should, amongst other matters, contribute to reductions in the 

Region’s carbon dioxide emissions in line with national targets to reduce emissions to 60% 

below 1990 levels by 2050 and take account of future changes to national targets. The policy 

confirms that applicants and LPAs should ensure that developments meet at least the 

minimum standards set out in the North West Sustainability Checklist for Developments 

(NWRA, 2007) and should apply ‘good’ or ‘best practice’ standards wherever practicable. 

4.18 Policy RDF 2 Rural Areas states that exceptionally new development will be permitted in the 

open countryside where it has an essential requirement for the rural location which cannot be 

accommodated elsewhere. 

4.19 Policy RDF 3 The Coast confirms that plans and strategies should, amongst other matters, 

enhance the economic importance of the coast and the regeneration of coastal communities, 

in ways that safeguard, restore or enhance and make sustainable use of the natural, built and 

cultural heritage assets of the North West Coast and address issues of environmental decline 

and socio-economic decline; and promote the conservation and enhancement of cultural, 

historic and natural environmental assets. 

4.20 Policy W 1 Strengthening the Regional Economy states that plans and strategies that promote 

opportunities for economic development which will strengthen the economy of the North West 

by various measures including giving positive support to the sustainable diversification and 

development of the rural economy and refers to prospects for growth in energy sectors. 




4.21 Policy RT 9 Walking and Cycling confirms, amongst other matters, that proposals should 

incorporate high quality pedestrian and cycle facilities. 

County Planning Policy 

Cumbria and Lake District Joint Structure Plan 2001-2016 (2006) 

4.22 The Cumbria and Lake District Joint Structure Plan (SP) was adopted in 2006. Following the 

approval of the RS in 2008 some of the policies in the SP were not saved whilst others have 

been extended and are relevant to the proposed development. 

4.23 Policy R44 Renewable energy outside the Lake District National Park and AONBs confirms 

that proposals for renewable energy will be favourably considered if: “1. there is no significant 

adverse effect on the landscape character, biodiversity and the natural and built heritage of 

the area either individually or cumulatively through their relationship with other utility 

infrastructure, 2. there is no significant adverse effect on local amenity, the local economy, 

highways or telecommunications, 3. the proposal takes all practical measures to reduce any 

adverse impact on landscape, environmental, nature conservation, historical and local 

community interests…” Policy R44 also confirms that in considering planning applications the 

environmental, economic and energy benefits of renewable energy proposals should be given 

significant weight and in the case of wind energy development measures should be included 

to secure the satisfactory removal of the structures, related infrastructure and remediation of 

land following cessation of operations. 

4.24 Policy T30 Transport Assessments states transport assessments will be required for 

development proposals in accordance with national guidance and then sets out interim criteria 

for the scale of various forms of development where transport assessments would be 

required. 

4.25 Policy E35 Areas and Features of nature conservation interest other than those of national 

and international conservation importance confirms that development and other land use 

changes that are detrimental to these nature conservation interests will not be permitted 

unless the harm caused to the value of those interests is outweighed by the need for 

development. Policy E35 also confirms that where development is permitted the loss of nature 

conservation interest should be minimised and, where practicable, mitigation should be 

provided. 

4.26 Policy E37 Landscape character confirms that development and land use change should be 

compatible with the distinctive characteristics and features of Cumbria’s landscape types and 

sub types. Policy E37 advises that proposals will be assessed in relation to various matters 

involving locally distinctive natural or built features, visual intrusion or impact, scale in relation 

to the landscape and features, the character of the built environment, public access and 

community value of the landscape, historic patterns and attributes, biodiversity features, 

ecological networks and semi-natural habitats and openness, remoteness and tranquillity. 

4.27 Policy E38 Historic environment advises that measures will be taken to identify, record, 

protect, conserve or enhance areas, sites, buildings and settings of archaeological, historic 

and architectural importance. The policy then confirms that proposals which fail to preserve or 

enhance the character or appearance of Conservation Areas, or which damage, obscure or 

remove important archaeological sites or other historic features, or are detrimental to the 

character or setting of a listed building will not be permitted unless the harm caused to their 

importance and intrinsic interest is clearly outweighed by the need for development. The 

policy confirms that development should be compatible with the distinctive characteristics and 

features of ‘Cumbria’s Historic Landscape Characterisation Programme.’ 

Local Planning Policy 

Copeland Local Plan (2006) 

4.28 The Copeland Local Plan (LP) was adopted in 2006. In 2009 the Secretary of State issued a 

direction of the ‘saved policies’ in the light of a transition to a new system of Local 

Development Frameworks. The LP policies of relevance to the proposals are referred to 




below. The Proposals Map shows no specific allocation for the application site but land 

outside and to the south is shown as part of a Landscape of County Importance, Undeveloped 

Coast and Site of Special Scientific Interest respectively. 

4.29 Policy EGY 1: Renewable Energy states that proposals for renewable energy development 

must satisfy nine criteria. The criteria seek to ensure: “1. That there would be no significant 

adverse visual effects; 2. That there would be no significant adverse effects on landscape or 

townscape character and distinctiveness; 3. That there would be no adverse impact on 

biodiversity; 4. That proposals would not cause unacceptable harm to features of local, 

national and international importance for nature or heritage conservation; 5. That measures 

are taken to mitigate any noise, smell, dust, fumes or other nuisance likely to affect nearby 

residents or other adjoining land users; 6. That adequate provision can be made for access, 

parking and any potentially adverse impacts on the highway network; 7. That any waste 

arising as a result of the development would be minimized and dealt with using a suitable 

means of disposal; 8. There would be no adverse unacceptable conflict with any existing 

recreational facilities and their access routes; 9. That they would not give rise to any 

unacceptable cumulative effects when considered against any previous extant planning 

approvals for renewable energy development or other existing/approved utility infrastructure in 

the vicinity.” The policy also confirms that developers are expected to actively consult with 

local communities in developing their proposals and to deliver significant benefits to the 

community where the scheme is to be sited wherever possible. 

4.30 Policy EGY 2: Wind Energy confirms that wind energy proposals will be considered against 

the criteria of Policy EGY 1 along with an additional requirement that “There would be a 

scheme for the removal of turbines and associated structures and the restoration of the site to 

agriculture when the turbines become redundant.” 

4.31 Policy DEV 1: Sustainable Development and Regeneration states that proposals will only be 

permitted if they accord with the Council’s Local Plan aims and objectives and that all 

development is expected to contribute to achieving a sustainable regeneration of the Borough 

where social progress and economic growth combine with prudent use of resources and 

protection and enhancement of the quality of the environment. 

4.32 Policy DEV 5: Development in the Countryside states that outside the defined Key Service 

and Local Centres the quality and character of the wider countryside will be protected and, 

where possible, enhanced. Development will not be permitted unless it is of a type referred to 

in the policy that includes energy related development (criterion 7). 

4.33 Policy DEV: 6 Sustainability in Design confirms that planning permission will only be granted 

for development meets a number of criteria that, amongst other matters: shows a high 

standard of design and choice of materials; provides safe and convenient access, egress and 

internal circulation for all users; avoids the loss of or damage to important natural or built 

conservation interests, landscapes or architectural character, archaeological and historic sites 

and important open spaces and where appropriate enhances biodiversity; incorporates 

energy efficiency and waste minimisation in its design; has no adverse effect on air quality, 

ground and surface waters; does not exceed the capacity of services necessary in terms of 

community provision and physical infrastructure; does not increase the risk of flooding either 

on site or elsewhere; by design and choice of location creates or maintains reasonable 

standards of general amenity and helps minimise risk or fear of personal safety, health and 

security of property; and does not prejudice comprehensive development of an area. 

4.34 Policy DEV 7: Planning Conditions and Obligations states that when granting planning 

permission conditions will be imposed as necessary to ensure that the development meets 

the policy aims of the plan and also refers to the use of planning obligations or other forms of 

agreement where necessary. 

4.35 Policy ENV 1: Nature Conservation Sites of International Importance advises that proposals 

for development which may adversely affect a site, or proposed site, of international nature 

conservation importance will be subject to the most rigorous scrutiny. The policy then 

confirms that development will only be permitted where: 1. the development is absolutely 

necessary to the conservation management of the site; or 2. there is no alternative solution; 




and 3. there are imperative reasons of overriding public interest for the development. The 

policy notes that where the site hosts a priority natural habitat type and /or a priority species 

the development will not be permitted unless it is necessary for reasons of human health or 

public safety or for beneficial consequences of primary importance for nature conservation. 

The policy confirms that where development proposals meet the above criteria then the use of 

planning conditions and planning obligations will be used to secure all necessary mitigation 

and compensatory measures to ensure the protection and enhancement of the international 

nature conservation value of the site. 

4.36 Policy ENV 2: Nature Conservation Sites of National Importance confirms that development 

likely to have an adverse effect on SSSIs which will have a direct or indirect adverse effect on 

the special interest of the site will be subject to special scrutiny and proposals will not be 

permitted unless the reasons for the development clearly outweigh the nature conservation 

value of the site itself and the national policy to safeguard such sites. The policy then states 

that where development is permitted the use of planning conditions and/or planning 

obligations to provide appropriate mitigation and compensatory measures to ensure the 

protection and enhancement of the site will be considered. 

4.37 Policy ENV 3: Nature Conservation Sites of Local Importance states that development likely to 

have an adverse effect on a site of local importance will not be permitted unless it can be 

clearly demonstrated that there are reasons for the proposals which outweigh the need to 

safeguard the substantive nature conservation value of the site. 

4.38 Policy ENV 4: Protection of Landscape Features and Habitats states that development which 

may adversely affect, directly or indirectly, on landscape features and habitats listed in the 

policy, including certain coastal features, heath, woodland, hedgerow, stone walls, semi 

natural grasslands, marsh, ponds, green lanes, wetland and other wildlife corridors linking 

sites of nature and conservation importance, will only be permitted if it can be shown that the 

reasons for the development outweigh the need to retain the feature and that mitigating 

measures can be provided for, which could reinstate and where possible enhance the nature 

conservation value of the features. 

4.39 Policy ENV 5: Protected Species confirms that development which would have an adverse 

effect upon the conservation interest of any site supporting species protected by law will not 

be permitted. The policy goes on to state that planning conditions/obligations may be sought 

to provide appropriate mitigation and compensatory measures that, amongst other matters, 

facilitate the survival of individual members of species, reduce disturbance to a minimum and 

provide adequate alternative habitats. 

4.40 Policy ENV 6: Landscapes of County Importance advises that the Council will seek to protect 

the areas designated as Landscapes of County Importance on the Proposals Map from 

inappropriate change and where development is permitted special regard will be paid to the 

design, scale, siting and choice of materials for building. The policy also confirms that 

elsewhere the Council will seek to protect the character of, and wherever possible enhance 

the local distinctiveness of the wider landscapes of the area. The Proposals Map shows the 

site will be located outside and north of the land designated as ‘Landscapes of County 

Importance’. 

4.41 Policy ENV 10: Protection of Trees confirms that land and individual trees covered by Tree 

Preservation Orders and areas of Ancient Woodland will be protected from inappropriate 

development. The policy also confirms that where trees are lost through development they 

must be replaced at a rate of at least 2:1. 

4.42 Policy ENV 12: Landscaping states that a landscaping scheme may be required as a 

condition of new development and this will be expected to show the retention of existing 

landscape features and reflect the local landscape character. 

4.43 Policy ENV 13: Access to the Countryside confirms that existing rights of way will be protected 

from development and proposals for improvement and promotion of locally important circular 

routes and long distance paths will be supported. 




4.44 Policy ENV 16: Flooding states that development will not be permitted where there is an 

unacceptable risk of flooding, or the development would increase the risk of flooding 

elsewhere, or would cause interference with or loss of access to a watercourse. Where 

development is likely to be at risk from flooding or increase risk of flooding elsewhere a Flood 

Risk Assessment will be required. 

4.45 Policy ENV 18: Contaminated Land confirms that where a proposed development is located 

on land known to be contaminated, site investigation works and remediation strategies must 

be submitted as part of the planning application. Where land is suspected to be contaminated, 

planning conditions will be imposed requiring, as a minimum, a desk study to be submitted 

before the development commences. 

4.46 Policy ENV 19: Air Pollution confirms that in dealing with new development the Council will 

seek to minimise harmful or offensive aerial discharges. 

4.47 Policy ENV 21: Noise Pollution states that development likely to generate unacceptable levels 

of noise will not be permitted unless it can be reduced to acceptable levels by sound proofing 

measures or by controlling hours of operation or methods of working. 

4.48 Policy ENV 22: Light Pollution confirms that development likely to generate unacceptable 

levels of light pollution will not be permitted. 

4.49 Policy ENV 26: Developing in and affecting Conservation Areas states that development that 

impacts upon the setting of a Conservation Area will only be permitted where it preserves or 

enhances the character or appearance of the Area and, if appropriate, views in and out of the 

Area. The policy then advises that in particular the development should: 1. respect the 

character of existing architecture and any historical associations by having due regard to the 

positioning and grouping of buildings, form, scale, detailing and use of traditional materials; 2. 

respect existing hard and soft landscape features including open space, trees, walls and 

surfacing; 3. respect traditional street patterns, plot boundaries and frontage widths; and 4. 

improve the quality of the townscape. 

4.50 Policy ENV 36: Development Affecting Sites of Local Archaeological or Historical Importance 

confirms that in considering proposals for new development the Council will seek to minimise 

their affect on any site of local archaeological or historic importance. The policy then advises 

that where proposals are likely to affect such sites then the Council will: 1. require initial 

assessment of the archaeological value of the site to be submitted as part of the planning 

application; 2. require a full archaeological field evaluation to be carried out before a decision 

is made on the planning application should the results of work under criterion 1. or other 

research so warrant; 3. seek statutory protection and permanent in situ preservation of 

nationally importance remains before development commences; 4. seek the permanent in situ 

preservation of locally important remains as part of the development design; and 5. require in 

cases where the preservation of remains in site is not appropriate, full investigations and 

recording of the site by a body nominated or approved the Council before development 

commences and removal of the remains to a suitable location for display. 

4.51 Policy ENV 37: Site of Potential Archaeological Importance states that where chance finds or 

developing knowledge indicate possible archaeological importance an initial assessment of 

archaeological value may be required as part of the planning application and where evidence 

of significant archaeological remains is found then the criteria set out in Policy ENV 36 (2-5) 

will apply. 

4.52 Policy TSP 6: General Development Requirements confirms that new development will only 

be permitted where the access and travel needs created by the development are catered for 

through the provision of various measures including; 1. safe, convenient and attractive means 

of pedestrian access; 2. appropriate cycle access; 3. appropriate access for people with 

impaired mobility; 4. appropriate facilities for an access to public transport; 5. safe and 

appropriate access onto the road network to accommodate all forms of vehicle including 

emergency vehicles; 6. appropriate traffic management measures to reduce traffic speeds 

and give priority to pedestrians, cyclists, people with impaired mobility and public transport; 7. 

parking standards as set out in the Appendix 1 of the LP. 




Other Relevant Local Planning Policy 

4.53 A range of emerging planning policy is also relevant to the proposed development and EIA 

process, and is a material consideration in the decision making process. The key documents 

are set out below. 

Copeland Local Development Framework Core Strategy & Development Management 

Policies Preferred Options Consultation Document (2010) 

4.54 Copeland Borough Council has been progressing the Local Development Framework (LDF) 

including the preparation of the Core Strategy & Development Management Policies Preferred 

Options Consultation Document (2010) (emerging CS and DPD). This part of the emerging 

development framework is in its relatively early stages of preparation and carries limited 

weight as a material planning consideration in relation to the HMP Haverigg Wind Farm 

Scheme. In addition, the Localism Act, along with the emerging draft NPPF, are likely to result 

in changes in the preparation of the emerging Local Development Framework. One proposed 

change at paragraph 21 of the draft NPPF seeks to re-introduce the preparation of a single 

Local Plan for a local planning authority area. 

4.55 The emerging CS and DPD includes a number of preferred options policies that largely cover 

matters addressed by development plan policies referred to above. In this respect, only the 

emerging preferred options policies that specifically address renewable energy development 

are addressed below. 

4.56 Preferred Options Policy ER2 - Planning for the Renewable Energy Sector confirms the 

Council’s preferred option is to support and facilitate new renewable energy generating, at 

locations which best maximise renewable resources and minimise environmental and amenity 

impacts within acceptable limits. 

4.57 Preferred Options Policy DM2 – Renewable Energy Generation in the Borough confirms that 

renewable energy development must satisfy various criteria that relate to community and 

stakeholder consultation, no significant adverse effects in relation to visual impact, landscape 

or townscape character and distinctiveness, no unacceptable impacts in relation to 

biodiversity, features of nature or heritage conservation importance, noise, odour, dust, 

fumes, light or other nuisance, waste arising to be minimised and provision for the removal 

and site restoration at the end of the operating life of the installation. 

Cumbria Wind Energy Supplementary Planning Document (2007) 

4.58 The Cumbria Wind Energy Supplementary Plan Document (SDP) was issued in 2007 and 

contains guidance developed jointly by the Cumbrian Local Planning Authorities, including 

Copeland Borough Council, to support the implementation of renewable energy policies in 

Local Development Frameworks and provide consistent guidance for wind energy 

development across the county. This document seeks to provide an understanding of climate 

change, the policy framework, wind energy and its effects, Cumbria, local communities and 

stakeholders, the local planning authority, landscape capacity, cumulative effects along with 

site characteristics and good design. 

4.59 Part 2 of the SPD addresses Landscape and Visual Considerations and includes a landscape 

capacity assessment developed by Coates Associates in order to provide baseline 

information to help determine the appropriate size and locations for new wind energy 

developments across the County (paragraph 1.1, page 1). The SPD confirms that the 

landscape capacity assessment only provides an indication of the relative capacity of different 

landscapes and should not be used in a definitive sense in order to determine the 

environmental acceptability of a proposal on a specific site (Part 2, page 1, paragraph 1.7). 

The Landscape and Visual Impact Chapter 9 of the ES refers, amongst other matters, to Part 

2 of the SPD including the landscape capacity assessment and the more recent Cumbria 

Landscape Character Guidance and Toolkit (Cumbria CC, March 2011). The SPD refers to 

PPS 22 guidance in relation to cumulative impact matters (Part 1, page 29, paragraph 3.3) 

and then confirms that the guidance does not stipulate separation distances or the number of 

schemes that might be accommodated in the County as these are likely to vary depending on 




the details of a scheme and the issue being considered, such as landscape character or 

nature conservation interest (Part 1, page 29, paragraph 3.4). 

Britain’s Energy Coast/ A Masterplan for West Cumbria (2007) 

4.60 The Britain’s energy Coast/ A Masterplan for West Cumbria was issued in 2007 sets out a 

vision that by 2027 West Cumbria will, amongst other matters, “…be globally recognised as a 

leading nuclear, energy, environment and related technology business cluster…” 




5 Planning Policy Assessment 

5.1 This section assesses the proposed development against national, regional and local 

planning policy contained in the development plan and other material considerations. The 

section draws on the findings of the more detailed assessment of environmental effects within 

the ES where relevant. 

1. Generation of Renewable Energy 

5.2 As explained in Sections 3 and 4, there is a clear policy priority which runs through 

international, national, regional and local plans, policies and programmes to promote the 

delivery of renewable energy. Since the signing of the Kyoto Protocol, the EU and the UK 

have introduced legally binding targets which require the UK to generate at least 15% of total 

energy from renewable sources by 2020. The Renewable Energy Strategy (2009) (RES) 

indicates that over 30% of electricity could be generated from renewables by 2020, of which 

approximately one third is likely to be provided by wind farms (Chart 2 of the 2009 RES). The 

Climate Change Act 2008 creates legally binding targets of a reduction of at least 80% of 

greenhouse gas emissions by 2050, with a reduction in CO2 by at least 26% by 2020 against 

a 1990 baseline. 

5.3 The drive to deliver renewable energy is articulated through national energy and planning 

policy. The NPS for Renewable Energy (EN-3) states that a significant increase in generation 

from large-scale renewable energy infrastructure is necessary to meet the 15% renewable 

energy target, and that onshore wind farms will continue to play an important role (paragraphs 

1.1.1 and 2.7.1). The overarching NPS for Energy (EN -1) states that wind is the most well 

established and economically viable source of renewable energy in the UK (paragraph 3.4.3). 

PPS1: Planning for Sustainable Development identifies six key principles aimed at ensuring 

that “…development plans and decisions taken on planning applications contribute to the 

delivery of sustainable development…” (paragraph 13), with specific reference made to 

promoting the development of renewable energy resources. The PPS: Planning and Climate 

Change Supplement to PPS1 confirms that in developing core strategies and supporting local 

development plan documents, planning authorities should provide a framework that promotes 

and encourages renewable and low-carbon energy generation and should promote rather 

than restrict such developments (paragraph 19). Paragraph 20 of the Supplement to PPS1 

states that planning authorities should not require applicants for energy developments to 

demonstrate the overall need for renewable energy and its distribution. PPS 22: Renewable 

Energy notes that the increased development of renewable energy resources is vital to 

facilitating the delivery of the Government’s commitments on both climate change and 

renewable energy (page 6). The Draft National Planning Policy Framework advises that local 

planning authorities should have a positive strategy to promote energy from renewable 

sources and design policies to maximise renewable energy development (paragraph 152). 

5.4 In relation to the development plan RS Policy EM 15 set out a framework for sustainable 

energy in the North West that includes the use of renewable energy. Policy EM 17 confirms 

that by 2010 at least 10% (rising to at least 15% by 2015 and at least 20% by 2020) of the 

electricity which is supplied within the Region should be provided from renewable energy 

sources. Policy EM 17 refers to Table 9.6 that includes indicative North West of England 

regional renewable energy generation targets for on-shore wind farms and on-shore wind 

clusters to provide a total generating capacity of 600MW in 2010, increasing to 720MW 

respectively in 2015 and 2020. Policy EM 17 also refers to Tables 9.7a-c inclusive that include 

an indicative sub-regional breakdown of targets for total generating capacity in Cumbria 

involving on-shore wind farms and on-shore wind clusters of 210MW in 2010, and 247.5MW 

respectively in 2015 and 2020. RS Policy EM 18 promotes a decentralised energy supply and 

encourages the use of decentralised and renewable energy in new development to contribute 

to the targets above. RS Policy DP 9 confirms that proposals should contribute to reductions 

in the Region’s carbon dioxide emissions in line with national targets. RS Policy DP 1 

addresses spatial principles of the RS that includes making the best use of existing resources 

and infrastructure along with reducing emissions and adapting to climate change. 




5.5 CS Policy R44 confirms that proposals for renewable energy outside the Lake District National 

Park and AONBs will be favourably considered, subject to meeting certain criteria primarily 

relating to environmental effects of the development, and then notes that the environmental, 

economic and energy benefits of renewable energy proposals should be given significant 

weight. 

5.6 LP Policy EGY 1 confirms that renewable energy proposals must satisfy a range of criteria, 

principally relating to environmental matters and Policy EGY 2 seeks to ensure the removal of 

wind energy structures and the restoration of the site as part of decommissioning works. 

5.7 The emerging CS and DPD Preferred Options Policies ER2 and DM12 also support 

renewable energy development subject to minimising environmental impacts to an acceptable 

level. 

5.8 The Cumbria Wind Energy SPD supports the implementation of renewable energy policies 

and seeks to provide consistent guidance for wind energy development across the county. 

5.9 The proposed renewable energy development will be connected to the local distribution 

network which supplies homes and business in the local area and as such will be contributing 

locally to capacity. As set out in Section 1, the proposed development is expected to 

generate between 32.85 GWh of renewable electricity per year. This is equivalent to the 

amount of electricity used annually by 7,360 average households and avoids 14,126 tonnes of 

CO 2 tonnes of CO 2 equivalent emissions per year. 

5.10 The RS indicative sub-regional target for total generating capacity for on-shore wind farms 

and clusters in Cumbria is 247.7MW by 2015 and includes existing schemes (Table 9.7b). 

Data provided by Renewables UK in December 2011 shows that for Cumbria there was 

almost some 132MW of generating capacity at on-shore wind farms and clusters that were 

operational (81.93MW), under construction (9.2MW) and with the benefit of planning 

permission (40.5MW). In this respect, it is evident that the HMP Haverigg Wind Farm Scheme 

would make an important contribution (around 6 percent assuming some 15MW of installed 

capacity) toward the overall RS indicative generating capacity target for on-shore wind farms 

and clusters in Cumbria for 2015. 

5.11 Based on the Renewables UK data of December 2011, a further 115.7MW (247.7 – 132) of 

generating capacity needs to be provided from on-shore wind farms and clusters over the next 

3 years in order to meet the RS indicative target for Cumbria in 2015. Assuming that the 

73.3MW of on-shore wind farm projects that were in the planning system (64.3MW at 

application stage and 9MW at appeal) as of December 2011 (Renewables UK data) are 

granted planning permission, then a further 42.4MW of new on-shore wind farm and cluster 

schemes need to secure planning permission and then be installed in Cumbria to meet the RS 

indicative generating capacity target for Cumbria in 2015. In this context, the HMP Haverigg 

Scheme with an assumed installed capacity of 15MW would represent approximately 35 

percent of this additional on-shore wind energy resource that is required in Cumbria by 2015. 

5.12 In the reminder of this chapter the environmental effects of the proposals will be considered in 

the context of relevant development plan policies and other material considerations and then 

consideration will be given to the benefits of the development in the context of relevant policy 

considerations. 

5.13 There is a clear policy priority which runs through international, national, regional and 

local plans, policies and programmes to promote the delivery of renewable energy and 

to reduce green house gas emissions. In so far as development plan policies and other 

documents that comprise material considerations promote the delivery of renewable 

energy and/or a reduction in green house gas emissions it is considered that the 

proposed development is consistent with the objectives of such policy and would 

make a positive contribution toward the RS indicative regional renewable energy 

generation targets for on-shore wind farms and clusters. Where such renewable energy 

related policies also refer to the consideration of other matters such as the 

environmental effects of the proposed development these considerations are 

addressed below. 




2. Noise 

5.14 PPG24 advises that the planning system has the task of guiding development to the most 

appropriate locations and that new development involving noisy activities should, if possible, 

be sited away from noise-sensitive land uses (paragraph 2). PPS 22 notes that renewable 

technologies may generate small increases in noise levels, including aerodynamic noise from 

wind turbines, and confirms that Local planning authorities should ensure that renewable 

energy developments have been located and designed in such a way to minimise increases in 

ambient noise levels (paragraph 22). 

5.15 Renewable energy policies include RS Policy EM 17 that refers to various criteria to be taken 

into account including the effects on the local amenity involving noise and that mitigation 

measures should be employed where possible and necessary to make the impacts 

acceptable; CS Policy R44 seeks, amongst other matters, to ensure that there is no significant 

adverse effect on local amenity and all practicable measures are taken to reduce any adverse 

impacts on environmental interests; and LP Policy EGY 1 requires, inter alia, that measure 

are taken to mitigate any noise likely to affect nearby residents or other adjoining land users. 

5.16 LP Policy DEV 1 refers to sustainable development and regeneration and, amongst other 

matters, advises that development will be expected to contribute to achieving a sustainable 

regeneration of the Borough including the prudent use of resources and protection and 

enhancement of the quality of the environment. LP Policy ENV 21 deals specifically with noise 

pollution and confirms that development likely to generate unacceptable levels of noise will 

not be permitted unless it can be reduced to acceptable levels. 

5.17 The Cumbria Wind Energy Supplementary Plan Document (SDP) includes guidance on the 

assessment of noise from wind energy developments. 

5.18 Recent Government guidance has confirmed that the most appropriate method for calculating 

noise is “The Assessment and Rating Noise from Wind Farms” (ETSU-R-97) 3. A noise 

assessment has been carried out as part of the EIA process, and the findings are set out in 

Chapter 8 of the ES. The assessment for the operational development was carried out in 

accordance with the ETSU guidelines. 

5.19 During construction there may be noise that at times will be audible at the closest residential 

properties. This would primarily result from routine construction activities, deliveries and any 

pilling required for the turbine foundations. However, in order to ensure the protection of 

residential amenity working hours and HGV deliveries would be limited and any turbine 

deliveries outside of this time would be agreed with Copeland Borough Council and the 

Police. All construction activities would adhere to good practice set out in BS 5228. The ES 

states noise emissions during de-commissioning are considered to be less than during the 

construction phase. 

5.20 The assessment concluded that the predicted turbine operational noise levels are within the 

ETSU-R-97 criteria at the noise sensitive residential receptors and for all wind conditions, as 

referred to in the ES, and as such residual operational noise impacts are considered to be 

acceptable according to current UK planning policy and are therefore not significant. 

5.21 Some proposals for wind farms have been subject to claims that the proposals would result in 

noise caused by amplitude modulation as a consequence of aerodynamic modulation from 

the turbines. The suggestion is that as a blade passes the tower it results in a low frequency 

‘thumping’ noise. In 2007 this matter was investigated and a detailed assessment was 

undertaken at the request of central Government. The findings of this research advised that 

complaints of noise following the installation of wind farms are relatively few, and there was 

only on one occasion where a wind farm was found to be a statutory nuisance. The incidence 

of amplitude modulation was relatively low (4 out of 133 wind farms). 

5.22 Should the proposed development secure planning permission, it is expected that planning 

conditions would be attached to control and monitor noise emissions from the turbines in 

order to ensure compliance with agreed permitted levels. 

3 http://www.decc.gov.uk/en/content/cms/meeting_energy/wind/onshore/comms_planning/noise/noise.aspx 




5.23 The noise assessment, which has been undertaken in accordance with the method set 

out in ETSU-R-97, demonstrates that the proposed development would comply with the 

noise limits set for the site and is compliant with national and development plan 

policies relating to noise. 

3. Landscape and Visual 

5.24 Landscape and visual effects are typically a key concern relating to wind turbines 

development. Nationally, PPS 22 states that “Of all renewable technologies, wind turbines are 

likely to have the greatest visual and landscape effects. However, in assessing planning 

applications, local authorities should recognise that the impact of turbines on the landscape 

will vary according to the size and number of turbines and the type of landscape involved, and 

that these impacts may be temporary if conditions are attached to planning permissions which 

require the future decommissioning of turbines” (paragraph 20, page 13). PPS22 paragraph 

21 advises that cumulative impacts should be considered. 


into account including the acceptability of the location/scale of the proposals and its visual 

impact in relation to the character and sensitivity of the surrounding landscape, including 

cumulative impact; CS Policy R44 seeks, amongst other matters, to ensure that there is no 

significant adverse effect on the landscape character and local amenity, and all practicable 

measures are taken to reduce any adverse impact on landscape and environmental interests 

either individually or cumulatively; LP Policy EGY 1 requires, inter alia, that there would be no 

significant adverse effects in terms of visual impact along with landscape or townscape 

character and distinctiveness; and LP Policy EGY 2 seeks to ensure that wind energy 

schemes provide for the removal of turbines and associated structures and the restoration of 

the site when the turbines become redundant. 

5.26 RS Policy EM 1 confirms that the Region’s assets should be, amongst other matters, 

protected, enhanced and managed and that proposals should deliver an integrated approach 

to conserving and enhancing the landscape and part (A) of this policy specifically addresses 

the landscape. RS Policy DP 7 confirms that environmental quality should be protected and 

enhanced including place and landscapes. RS Policy RDF 2 advises that exceptionally new 

development will be permitted in the open countryside where it has an essential requirement 

for a rural location which cannot be accommodated elsewhere. 

5.27 SP Policy E37 deals with landscape character and confirms that development and land use 

change should be compatible with the distinctive characteristics and features of Cumbria’s 

landscape types and sub-types. 




enhancement of the quality of the environment. LP Policy DEV 5 seeks to resist development 

in the countryside unless it is of a type referred to that includes energy related development. 

LP Policy DEV 6 deals with sustainability in design and seeks to avoid the loss of or damage 

to, amongst other matters, important landscapes. LP Policy ENV 4 deals with the protection of 

landscape features and habitats. LP Policy ENV 6 refers to landscapes of County Importance 

which includes an area shown on the Proposals Map outside and to the south of the 

development site. Policy ENV 12 confirms that a landscaping scheme may be required as part 

of a development proposals. LP Policy ENV 22 confirms that development likely to generate 

unacceptable levels of light pollution will not be permitted. 

5.29 The Cumbria Wind Energy Supplementary Plan Document (SPD) includes guidance on the 

assessment of landscape and visual impacts from wind energy developments. The SPD 

includes guidance in relation to cumulative impact and compatibility of a proposal with an 

existing or consented turbine within 6km and confirms that, amongst other matters, 

“…particular attention should be given to the compatibility of turbine size, density, design, 

layout and overall cohesion.…Where proposals are extensions or adjacent they should be 

designed as a single entity with the existing development.” (SPD p.22 Key Guidance 

reference LG19). In this respect, the proposals have been carefully designed to be viewed as 




an extension to the existing Haverigg II and III wind farm sites, which form part of the existing 

baseline conditions, and to achieve a development that can be accommodated within the 

existing landscape and visual context. 

5.30 Land based wind farm proposals primarily require a rural location by virtue of the nature of 

such schemes. The landscape and visual effects of the proposed development were 

assessed as part of the EIA process, and the findings are set out in Chapter 9 of the ES. 

5.31 The proposed scheme has been developed with potential landscape and visual effects taken 

into consideration. Throughout the design evolution, mitigation measures have been 

incorporated into the scheme in order to mitigate potential effect. Such design mitigation 

includes includes: rationalisation of the site layout to create a visual extension to the existing 

adjacent Haverigg II and III wind farm; location of ancillary structures in appropriate locations 

to minimise visual intrusion; utilisation of existing areas of hard standing (disused airfield 

runways) for access tracks and component delivery; selection of appropriate turbine finish 

(light grey non reflective paint in this case); and turbine location in relation to the potential 

visual effects in the wider area, particularly the Lake District National Park. 

5.32 ES Chapter 12 confirms that the scheme is predicted to result in effects on the landscape and 

visual receptors within the defined study areas to various degrees and the conclusions are 

referred to below. 

5.33 The assessment concluded that the landscape features of the site would be affected to 

varying levels depending on the location within the site and the proposal was assessed as 

resulting in a negligible to moderate/slight adverse effect which is considered to be not 

significant. 

5.34 In relation to landscape character the assessment concluded that there would be a low 

magnitude of change on the landscape character at a national and local level within which the 

site lies due to the influence that the proposed development would have on the wider 

character area. Other national character areas within the study area would have a very low 

magnitude of change. Local landscape character areas within the Cumbria Landscape 

Classification and the Lake District National Park Landscape Character Assessment would 

experience a very low to low magnitude of change resulting in a slight adverse/negligible to 

moderate adverse effect which is considered to be not significant. 

5.35 With regard to landscape designations the assessment concluded the National Parks and 

Landscapes of County Importance would experience very low to low effects throughout 

construction, operation and decommissioning resulting in slight adverse/negligible to 

moderate adverse effects which are considered not significant. The Lake District National 

Park would experience a low magnitude of change over the whole designation due to the 

sensitivity of the receptor the effect is considered to be moderate adverse which is considered 

to be not significant. 

5.36 In relation to viewpoints the effects highlighted within the assessment tables, as referred to in 

ES Chapter 12, are generally considered to be greater within close proximity of the proposed 

development site with locations including Bank Head, the west edge of Haverigg, the west of 

Millom and Haverigg Dunes experiencing considerable/moderate adverse to considerable 

adverse effects during operation. There are also two locations, Askam-in-Furness and 

Silecroft which are slightly further away which have considerable/moderate adverse to 

considerable adverse effects during operation. These are considered to be significant. The 

remainder of the selected viewpoints would experience slight adverse to moderate adverse 

effects which are considered not significant. 

5.37 The assessment concluded that users of footpaths beyond approximately 1km would 

generally experience effects that range from slight adverse to moderate adverse which are 

considered to be not significant. Footpaths within this range however experience effects 

ranging from considerable/moderate adverse to considerable adverse which are considered to 

be significant. Users of long distance routes within the study area would travel directly past 

the site and therefore the effects would range from slight adverse to considerable adverse 

which is considered to be significant. One area of access land at Silecroft would experience a 




considerable/moderate adverse effect which is considered significant. All of the other areas of 

access land would experience a slight adverse to moderate adverse effect which is 

considered not significant. 

5.38 In relation to transport routes the users of all main roads within 30km, secondary roads within 

12km, and local routes within 2.4km of the site and rail corridors are anticipated to experience 

negligible to moderate adverse effects throughout construction and operation which are 

considered to be not significant. 

5.39 Residents of medium and large settlements within 12km of the site generally experience slight 

adverse to moderate adverse effects which are considered not significant. Nearby settlements 

of Bank Head, Haverigg, Millom and also Askam-in-Furness would experience a 

considerable/moderate adverse to considerable adverse effect which is considered to be 

significant. 

5.40 The detailed residential assessment, as referred to in ES Chapter 12, assessed those 

residents which are generally situated closest to the turbines within 2km of the site and where 

little to partial screening is provided by vegetation or intervening buildings and the proposed 

turbines are situated closer to the receptors than the existing turbines at Haverigg Wind Farm 

would experience considerable/moderate adverse to considerable adverse effects which are 

considered significant. These residents include those in properties at Combe View, Bank 

Head, North Lane, the southern and central section of Haverigg, Butterflowers Holiday 

Homes, individual properties and groups of properties beyond the larger settlements of 

Haverigg and Bank Head including Tarnhead, Foxcroft, Hestham Hall Farm and 

Waingatebridge Cottages. Residents in properties at Kirksanton along with those on the 

northern and eastern side of Haverigg, at High Layriggs and Langthwaite farmsteads, Lacra 

View at Langthwaite and western edge of Port Haverigg Holiday Village would experience a 

slight adverse to moderate adverse or no effects which is considered to be not significant. 

5.41 Whilst there are adverse effects of the proposals on the landscape character, the effects were 

considered to be not significant and in this respect it is considered that the scheme is 

consistent with national and development plan policy in so far as it relates to 

landscape character 

5.42 In terms of visual effects on the local area, the adverse effects referred to in ES Chapter 

12 are recognised. 

4. Cultural Heritage 

5.43 PPS 5 sets out planning policies on the conservation of the historic environment and includes 

policies to be taken into account in relation to development proposals. PPS 5 Policy HE1 

specifically refers to heritage assets and climate change and part HE1.2 confirms that where 

proposals that are promoted for their contribution to mitigating climate change have a 

potentially negative effect on heritage assets, local planning authorities should, prior to 

determination, help the applicant to identify feasible solutions that deliver similar mitigation but 

with less or no harm to the significance of the heritage asset and its setting. Part HE1.3 of this 

policy states that “Where conflict between climate change objectives and the conservation of 

heritage assets is unavoidable, the public benefit of mitigating the effects of climate change 

should be weighed against any harm to the significance of heritage assets in accordance with 

the development management principles in this PPS and national planning policy on climate 

change.” 


into account including the effect on the region’s World Heritage Sites and other national and 

internationally designated sites or areas and their settings; CS Policy R44 seeks, amongst 

other matters, to ensure that there is no significant adverse effect on the natural and built 

heritage of the area, either individually or cumulatively, and all practicable measures are taken 

to reduce any adverse impact on historical interests; LP Policy EGY 1 requires, inter alia, that 

the proposals would not cause unacceptable harm to features of local, national or 

international importance for heritage conservation; and LP Policy EGY 2 seeks to ensure that 




wind energy schemes provide for the removal of turbines and associated structures and the 

restoration of the site when the turbines become redundant. 



to conserving and enhancing the historic environment and part (C) of this policy specifically 

addresses the historic environment. RS Policy DP 7 confirms that environmental quality 

should be protected and enhanced including the historic environment. 

5.46 SP Policy E38 deals with the historic environment and confirms that proposals which fail to 

preserve or enhance the character or appearance of Conservation Areas, or which damage, 

obscure or remove important archaeological sites or other historic features, or are detrimental 

to the character or setting of a listed building will not be permitted will not be permitted unless 

the harm caused to their importance and intrinsic interest is clearly outweighed by the need 

for development. SP Policy E38 confirms that development should be compatible with the 

distinctive characteristics and features of ‘Cumbria’s Historic Landscape Characterisation 

Programme.’ 




enhancement of the quality of the environment. LP Policy DEV 6 deals with sustainability in 

design and seeks to avoid the loss of or damage to, amongst other matters, important 

landscapes or architectural character, archaeology and historic sites. LP Policy ENV 26 deals 

with development affecting conservation areas. Policy ENV 36 addresses development 

affecting sites of local archaeological or historic importance. Policy ENV 37 deals with sites of 

potential archaeological importance. 


assessment in relation to cultural heritage. 

5.49 The effects of the proposed development on cultural heritage and archaeology have been 

assessed as part of the EIA process, and the findings of the assessment are set out in 

Chapter 10 of the ES. Designated heritage assets in the area were visited in order to assess 

the possible effect on their setting. Effects on designated heritage assets within 5km and 

within the Zone of Theoretical Visibility were assessed as well as assets between 5km and 

10km considered to have significant outward views towards the development site that may be 

affected. The assessment undertook detailed assessments on Scheduled Monuments at 

Great Knott and Hodbarrow Beacon, and the Listed Buildings of Holy Trinity Church and St 

George’s Church. The assessment concluded there would be a slight adverse effect on the 

Scheduled Monuments and a non-significant effect on the Listed Buildings. The assessment 

concluded that potential for archaeological deposits to be affected during the construction 

phase is low, although there is some potential that previously unrecorded prehistoric remains 

may be discovered. A programme of monitored topsoil stripping will be undertaken at the 

construction stage with the works phased to allow the exposed surface to weather and lithics 

(flints) to be identified. In relation to previously unrecorded prehistoric remains the mitigated 

significance of effect may be up to moderate adverse. The ES Chapter 10 (Table 10.4) 

concludes that the effects of the proposals would not result in “substantial harm”, as referred 

to in PPS5, to the historic environment at any cultural heritage receptor. 

5.50 It is considered that the proposals would not result in an unacceptable adverse 

environmental effect on the historic environment and accords with relevant national 

and development plan policies, or parts thereof, in this respect. 

5. Nature Conservation and Biodiversity 

5.51 PPS 9 advises that the aim of planning decisions should be to prevent harm to biodiversity 

and where a development would result in significant harm to those interests, alternative sites 

should be considered, or in the absence of such sites adequate mitigation measures should 

be put in place or, if not, then appropriate compensation measures should be sought 

(paragraph 1(vi), page 3). 





into account including the effect of the development on nature conservation features, 

biodiversity and geodiversity including sites, habitats and species, and which avoid significant 

adverse effects on sites of international nature conservation importance by assessment under 

the Habitats Regulations; CS Policy R44 seeks, amongst other matters, to ensure that there 

is no significant adverse effect on the biodiversity of the area either individually or 

cumulatively, and all practicable measures are taken to reduce any adverse impact on nature 

conservation interests; LP Policy EGY 1 requires, inter alia, that the proposal would not cause 

unacceptable harm to features of local, national or international importance for nature 

conservation; and LP Policy EGY 2 seeks to ensure that wind energy schemes provide for the 

removal of turbines and associated structures and the restoration of the site when the turbines 

become redundant. 



to conserving and enhancing the natural environment and part (B) of this policy specifically 

addresses the natural environment. RS Policy DP 7 confirms that environmental quality 

should be protected and enhanced including biodiversity and habitat interests. 

5.54 SP Policy E35 deals with areas and features of nature conservation interest other than those 

of national and international conservation importance and confirms that development and 

other land use changes that are detrimental to these nature conservation interests will not be 

permitted unless the harm caused to the value of those interests was outweighed by the need 

for development. SP Policy E35 also confirms that where development is permitted the loss of 

nature conservation interest should be minimised and, where practicable, mitigation should be 

provided. 





design and seeks to avoid the loss of or damage to, amongst other matters, important natural 

conservation interests and where possible enhances biodiversity. LP Policy ENV 1 states that 

proposals for development which may adversely affect a site, or proposed site, of international 

nature conservation will be subject to the most rigorous scrutiny and that development will 

only be permitted where the development is absolutely necessary to the conservation/ 

management of the site, or there is no alternative solution, and where there are imperative 

reasons of overriding public interest for the development. Policy ENV 2 confirms that 

development likely to have an adverse effect on a SSSI will be subject to special scrutiny and 

proposals will not be permitted unless the reasons for the development clearly outweigh the 

nature conservation value of the site itself and the national policy to safeguard such sites. 

Policy ENV 3 confirms that development likely to have an adverse effect on a site of local 

importance will not be permitted unless it can be clearly demonstrated that there are reasons 

for the proposals which outweigh the need to safeguard the substantive nature conservation 

value of the site. Policy ENV 4 advises that development which may adversely affect, directly 

or indirectly, on habitats listed in the policy, including certain coastal features, heath, 

woodland, hedgerow, semi natural grasslands, marsh, ponds, wetland and other wildlife 

corridors linking sites of nature and conservation importance, will only be permitted if it can be 

shown that the reasons for the development outweigh the need to retain the feature and that 

mitigating measures can be provided which could reinstate and where possible enhance the 

nature conservation value of the features. Policy ENV 5 confirms that development which 

would have an adverse effect upon the conservation interest of any site supporting species 

protected by law will not be permitted. Policy ENV 10 deals with the protection of trees. 


assessment in relation to biodiversity considerations. 

5.57 The effects of the proposed development in terms of ecology and ornithology were assessed 

as part of the EIA process, and the findings are set out in Chapters 11 and 12 of the ES 

respectively. As set out in Chapter 11 of the ES, the assessment considered the likely effects 




of the scheme on designated sites, including the Duddon Estuary SPA, SAC, Ramsar and 

SSSI, and the Morcambe Bay SAC, undesignated habitats and fauna including protected 

species. The ecology assessment, excluding birds, concluded that the proposed 

development, subject to mitigation and enhancement measures where appropriate, will not 

result in any significant adverse effects on ecology. 

5.58 With regard to the designated sites the mitigation measures include the implementation of 

pollution control measures during construction operations. 

5.59 In relation to bat roosting and foraging the assessment concluded that the effects of the 

proposals during construction, operation and decommissioning would not be significant and 

no mitigation measures are proposed in this respect. 

5.60 In respect of the common lizard mitigation measures include the installation of one-way 

amphibian exclusion fencing around the construction area prior to the commencement of 

works on site and then restoration works, using material derived from the site, to create 

hibernacular for reptile refugia. Compensation and enhancement measures are proposed for 

the natterjack toad including the reprofiling of the proposed settlement lagoons at three 

turbines to provide suitable habitat for use as breeding pools. It is also proposed that reptile 

and natterjack toad mitigation plans are prepared and implemented. 

5.61 As set out in Chapter 12 of the ES, the assessment of effects on ornithology identified those 

avian receptors that have potential to be affected through the proposed development, 

focussing on target bird species which are legally protected, are the focus of national and 

local biodiversity action plans, or are qualifying species of the adjacent Duddon Estuary SPA / 

Ramsar / SSSI site which is of international importance. The methodology comprised a desk 

study, consultation exercise and field surveys including a scoping survey, vantage point 

surveys, wintering bird surveys and breeding bird surveys. The survey methodology was 

discussed and agreed with Natural England and the RSPB during a consultation period. 

5.62 The potential effects of the proposed development on bird populations have been assessed in 

relation to the construction, operational and decommissioning phases of the development. 

The assessment concluded that the construction, operation, and decommissioning phases of 

the proposed development will have no significant impacts on the qualifying features of the 

Duddon Estuary SPA / Ramsar and SSSI site. Effects through habitat loss during the 

construction phase are considered to be not significant. Disturbance through noise, vibration, 

and sound associated to the construction phase will result in no significant impact. Effects 

resulting from collision risk with the proposed wind farm are not significant between the 

County and less than local importance zone of influence (within 2km of the site) level for 

waders, raptors and large gulls. All other effects on bird populations from collisions with the 

proposed wind turbine are not significant between the local and zone of influence scale. The 

significance of effects from operational disturbance from the proposed development is not 

significant at the county to zone of influence scale for wildfowl and waders. All other effects 

on bird populations from disturbance are assessed as not significant at the local and zone of 

influence scale. A programme of post construction bird monitoring at the proposed site has 

been outlined with respect to the identified potential effect of the development once the wind 

turbine is operational. 

5.63 The adverse effects of the proposals are considered to be relatively limited, and to this 

end, the proposed development is considered to accord with national and development 

plan policies, or parts thereof, relating to ecology including ornithology. 

6. Water Resources and Flood Risk 

5.64 PPS 23 deals with planning and pollution control in relation to a range of matters including the 

water environment. PPS 25 addresses development and flood risk. 


into account including the effect of the development on local amenity and water pollution; CS 

Policy R44 seeks, amongst other matters, to ensure that all practicable measures are taken to 

reduce any adverse impact on environmental interests; LP Policy EGY 1 does not specifically 

refer to the water environment but requires, inter alia, that any waste arising as a result of the 




development the proposal would be minimized and dealt with using a suitable means of 

disposal. 



to conserving and enhancing the natural environment. RS Policy EM 5 states, amongst other 

matters, that developers should protect the quantity and quality of surface, ground and waste 

waters and manage flood risk by a range of measures. Policy EM 6 advises that the proposals 

should take a strategic and integrated approach to the long term management of flood and 

coastal erosion risk by a range of measures. RS Policy DP 7 confirms that environmental 

quality should be protected and enhanced including water quality and water levels. 





design and seeks to avoid the loss of or damage to, amongst other matters, ground and 

surface waters. LP Policy ENV 16 advises that development will not be permitted where there 

is an unacceptable risk of flooding, or the development would increase the risk of flooding 

elsewhere, or would cause interference with or loss of access to a watercourse and then 

comments on circumstances where a Flood Risk Assessment will be required. 


assessment in relation to hydrology considerations. 

5.69 A Flood Risk Assessment (FRA) was undertaken based on the guidance in PPS25, and the 

assessment is including in Appendix 14.1 of the ES. 

5.70 ES Chapter 14 addressed the potential environmental effect of the scheme on the hydrology 

environment within the study area and includes the consideration of surface water quality, 

flood risk, drainage and water use. A number of mitigation measures will be implemented 

during the construction, operation and decommissioning phases of the proposals which seek 

to avoid, remove or reduce potential effects. Such mitigation measures will be incorporated 

into an Environmental Management Plan as appropriate. In this respect, the ES Chapter 14 

concludes that after mitigation the effects the proposals will not result in significant adverse 

effects in relation to surface water quality, flood risk, drainage and/or water use. 

5.71 ES Chapter 13 details the results of an assessment that in part considers the effects of the 

proposals in relation hydrogeological matters. The hydrogeological assessment identifies the 

potential impacts of the scheme during construction, operation and decommissioning. The 

assessment details proposed mitigation measures where considered appropriate, that will be 

incorporated into an Environmental Management Plan, and concludes that the scheme will 

not result in significant adverse hydrogeological effects. 

5.72 The proposed development is considered to accord with relevant national and 

development plan policies, or parts thereof, relating to hydrology and hydrogeology. 

7. Ground Conditions 

5.73 PPS 23 details national policy on planning and pollution control and PPG 14 provides 

guidance on the effects of land instability and land use. 


into account including the effects on local amenity, agriculture and other land based 

industries; CS Policy R44 seeks, amongst other matters, that all practicable measures are 

taken to reduce any adverse impact on environmental interests; LP Policy EGY 1 requires, 

inter alia, that the proposal would provide measures to mitigate any other nuisance likely to 

affect nearby residents or other adjoining land users. 



to conserving and enhancing the natural environment. RS Policy DP 7 confirms that 




environmental quality should be protected and enhanced including reclaiming derelict land 

and remediating contaminated land. 

5.76 LP Policy ENV18 confirms that where development will be located on land known to be 

contaminated then site investigation works and remediation strategies must be submitted as 

part of the planning application, and where land is suspected to be contaminated the planning 

conditions will be imposed requiring that a desk study is submitted before development 

commences. 


assessment in relation to soils. 

5.78 The likely effects of the proposed development on ground conditions were assessed as part 

of the EIA process, and the findings are set out in Chapter 13 of the ES. The assessment 

showed that there are no SSSIs, Regionally Important Geological and Geomorphological 

Sites (RIGS) within the development site area. The British Geological Society (BGS) website 

identifies the solid geology underlying the site area as Sherwood Sandstone with superficial 

deposits overlying the solid geology involving Devensian till. Made Ground associated with the 

old airfield is located within the site boundary and land contamination “hotspots” may be 

present. 

5.79 PfR propose to undertake a Baseline Geo-Environmental Assessment Report, Geo- 

Environmental Ground Investigation Interpretative Report and Unexploded Ordnance (UXO) 

Desk Study, subject to the grant of planning permission, and matters could be addressed by 

an appropriate planning condition. Such reports would be used to inform the detailed design 

of ground works on site, including the turbine foundation design, and any necessary mitigation 

refinements will be agreed with the Local Planning Authority. The mitigation strategy will be 

updated within the proposed Environmental Management Plan. 

5.80 All works will be carried out in line with good site working practices and the use of appropriate 

personal protection equipment. With the proposed mitigation measures in the place, no 

residual significant adverse effects in relation to ground conditions identified. 

5.81 The proposed development is considered to comply with relevant national and 

development plan policies, or parts thereof, relating to ground conditions. 

8. Electromagnetic Production and Interference 

5.82 Consultation has been undertaken with Ofcom, and relevant fixed link operators and the 

presence of communication links has been taken into account in the site design process. 

Careful attention has been given to the siting of the turbines in this respect in order to avoid 

interference with television, radio and microwave signals wherever possible. 

5.83 The BBC wind farm tool was used to determine the potential effect upon television 

transmission that indicates the scheme could affect terrestrial television reception for 178 

homes. An assessment of existing digital television signals in the vicinity of the development 

would be undertaken in advance of the turbine becoming operational, and would be used to 

indentify and mitigate problems with television reception attributable to the proposed turbines. 

The applicant would meet the cost of investigating and effectively rectifying any problems 

should they arise, and implement solutions to minimise inconvenience to affected viewers. 

This matter can be addressed by a way of an appropriate planning condition. 

5.84 Consultation has been undertaken with Ofcom, and relevant fixed link operators and 

the presence of communication links has been taken into account in the site design 

process. Careful attention has been given to the siting of the turbines in this respect 

and mitigation measures will be implemented to address any problems with television 

reception that are attributable to the proposed turbines. 

9. Shadow Flicker 

5.85 An assessment was carried out to identify whether shadow flicker is likely to occur at 

residential properties and potentially occupied buildings in the vicinity of the proposed 

development as part of the EIA process. The findings are set out in Chapter 15 of the ES. 




Flicker effects have been shown to only occur within ten rotor diameters of a wind turbines 

(paragraph 2.7.73 of National Policy Statement EN-3) (10 x 82m = 820m in this case) and 

furthermore, in the UK, only properties within 130 degrees either side of north, relative to the 

wind turbines, can be affected, as wind turbines do not cast long shadows on their southern 

side. 

5.86 A shadow flicker analysis was carried out using software (ReSoft WindFarm Version 4.1.2.2) 

by inputting astronomical data, topography and the position (latitude and longitude) of the 

wind turbine. ES Table 15.6 provides a summary of the significance of effects of the proposed 

development, identifying those properties that will experience shadow flicker irrespective of 

duration. An assessment has been carried out of all residential properties within a distance of 

820m of the proposed turbines and 130 degrees either side of north. Twenty five of the 

residential properties have been predicted to potentially experience shadow flicker effect. 

Mitigation may involve a control system that automatically shuts down the wind turbine(s) at 

times when shadow flicker would occur. If shadow flicker effects are experienced at any 

residential properties during the operation of the turbines, then the mitigation measures 

discussed will be implemented. 

5.87 An assessment has been carried out of the sixty six HMP Haverigg buildings within a distance 

of 820m of the proposed turbines and 130 degrees either side of north to determine the 

potential shadow flicker effects. Due to the proximity of buildings within the prison to each 

other and the likelihood of the overlap of buildings blocking each other from the shadow flicker 

effect, together with the uncertainty over building use and time of occupation, the shadow 

flicker effect is likely to be lower than that predicted. The times and dates have been 

determined for the potential shadow flicker events on the HMP Haverigg buildings. If the 

shadow flicker effects cause disturbance at any of the buildings within the prison, then 

mitigation measures may be implemented. Mitigation may involve turbine(s) shut down, or in 

agreement with prison services, change of building use, time of occupation or provision of 

window blinds. 

5.88 The ES Chapter 15 concludes that with the mitigation measures in place, there will be no 

significant adverse effects from the proposed development. 

5.89 The potential for reflected light from wind turbines can be mitigated by the careful choice of 

blade colour and materials (Companion Guide to PPS22, paragraph 78, page 177). In this 

respect, it is considered that this matter could be addressed by way of planning condition. 

5.90 With the proposed mitigation measures in place, the proposed development is 

considered to comply with national and development plan policy in so far as they relate 

to the potential environmental effects of shadow flicker and reflected light. 

10. Protecting Aviation Interests 

5.91 PPS22 paragraph 25 advises that it is the responsibility of developers to address any 

potential impacts, taking account of Civil Aviation Authority, Ministry of Defence and 

Department for Transport guidance in relation to radar and aviation, and the legislative 

requirements on separation distances, before planning applications are submitted. 

5.92 Consultation has been undertaken with the Defence Infrastructure Organisation (MOD), 

National Air Traffic Services (NATS) the CAA and the BAE facility at Walney Island and no 

objections have been received in relation to the proposals. 

5.93 No objections to the proposed development have been raised by any of the consultees 

in relation to aviation interests, and the proposed development complies with PPS22 in 

respect of aviation matters. 

11. Residential Amenity 

5.94 In England there is no prescriptive planning policy guidance on separation distances between 

wind turbines and housing or other locations used as secure residential institutions such as 

HMP Haverigg Prison. The Companion Guide to PPS22 notes: “The minimum desirable 

distance between wind turbines and occupied buildings calculated on the basis of expected 

noise levels and visual impact will often be greater than that necessary to meet safety 




requirements. Fall over distance (i.e. the height of the turbines to the tip of the blade) plus 

10% is often used as a safe separation distance.” 

5.95 The three factors which generally determine whether wind turbines are located at a sufficient 

distance from occupied dwellings to protect residential amenity are noise, shadow flicker and 

whether the turbines(s) would be overbearing in terms of visual impact to the occupiers. 

Development plan policies that refer, amongst other matters, to these environmental 

considerations have been addressed above. The ES has demonstrated that the proposed 

HMP Haverigg Wind Farm Scheme: is compliant with Government guidance on noise; any 

shadow flicker effects can be controlled by switching off the turbines and that size and the 

location of the turbines has resulted in a scheme which is not overbearing in terms of visual 

impact at any third party residential properties. In addition, as set out above, careful attention 

has been given to the siting of the turbines in this respect in order to minimise interference 

with television signals and avoid interference with radio and microwave signals. Measures 

would be implemented in order to indentify and mitigate any problems with television 

reception attributable to the proposed turbines. 

5.96 Taking into account the need to mitigate against climate change and to improve energy 

security, along with the design of the proposals as an extension to the adjacent wind 

farm, it is considered that such matters outweigh the fact that the turbines will be 

visible from residential properties. 

12. Traffic and Transport 

5.97 PPG 13 states that safe, efficient and integrated transport system to support a strong and 

prosperous economy is needed and confirms that conditions may legitimately be used to 

require on-site transport measures including new or improved junction and road layouts. 


into account including accessibility by the local transport network; CS Policy R44 seeks, 

amongst other matters, to ensure that there is no significant adverse effect on highways, and 

all practicable measures are taken to reduce any adverse impact on environmental interests; 

LP Policy EGY 1 requires, inter alia, that for the proposal adequate provision can be made for 

access, parking and any potential adverse impacts on the highway network. 

5.99 RS Policy DP 5 states that development should be located so as to reduce the need to travel, 

especially by car, and to enable people as far as possible to meet their needs locally. 

5.100 LP Policy TSP6 advises that new development will only be permitted where, amongst other 

matters, the access and travel needs created by the development are catered for in terms 

pedestrian and cycle access, impaired mobility, access to public transport, safe and 

appropriate access onto the road network and vehicle parking. 


assessment in relation to highways matters. 

5.102 An assessment of the effects of the proposed development on traffic and transport was 

carried out as part of the EIA process, and the findings are set out in Chapter 7 of the ES. 

The highest levels of traffic movements and therefore potential effects will be during 

construction whereas during the operational phase, traffic movements will be limited to 

maintenance trips. 

5.103 The construction of the proposed development will involve the delivery of approximately 52 

abnormal loads, which are wider, longer and heavier than standard road vehicles. The 

routing of abnormal loads from Millom Docks to the site is detailed within the ES and has been 

reviewed by Colletts independent transport consultants (see Appendix 7.1). Once within the 

site vehicles will use new and exiting lengths of track. 

5.104 The Transport Assessment has not identified any requirement for off site highways 

improvements along the abnormal load delivery route. Should any signs need to be removed 

they will be removed and reinstated once the abnormal loads have passed. Any of these 

works will be controlled through a Section 278 agreement with the local highways authority. In 




addition, in the event that any minor changes are required for access at Millom docks, these 

will be agreed and managed with the dock operators. 

5.105 In order to minimise potential disruption and risk of conflict with other road users, abnormal 

loads will escorted by high visibility vehicles during off-peak daylight hours. Traffic 

management will be implemented to further segregate other road users and pedestrians for 

complex manoeuvres by abnormal loads and large vehicles. The effect on residential 

properties will be kept to a minimum as construction traffic typically is contained within a six 

month period. The effect on roadside features and the requirement for their removal or 

relocation will be minimised by working with the chosen contractor to select turbine and 

transporter vehicles that minimise the required envelope for manoeuvring. 

5.106 With the proposed mitigation measures in place, the transport and traffic effects of the 

proposals, resulting from HGV movements and abnormal loads, in relation to road users, 

users of Millom Docks and residential properties are assessed as being of slight adverse 

significance and temporary. 

5.107 The proposed development is considered to comply with relevant national and 

development plan policies, or parts thereof, relating to vehicular traffic and transport. 

13. Proximity to Footpaths and Bridleways 

5.108 The Companion Guide to PPS 22 states that “The British Horse Society, following internal 

consultations, has suggested a 200 metre exclusion zones around bridle paths to avoid wind 

turbines frightening horses. Whilst this could be deemed desirable, it is not a statutory 

requirement, and some negotiation should be undertaken if it is difficult to achieve this.” 

(paragraph 56, page 172). The Guide continues “Similarly, there is no statutory separation 

between a wind turbines and a public right of way. Often, fall over distance is considered an 

acceptable separation, and the minimum distance is often taken to be that the turbines blades 

should not be permitted to oversail a public right of way.” (paragraph 57, page 173). 


into account including the effects on the local amenity and confirms that mitigation measures 

should be employed where possible and necessary to make the impacts acceptable; CS 

Policy R44 seeks, amongst other matters, to ensure that there is no significant adverse effect 

on local amenity and all practicable measures are taken to reduce any adverse impacts on 

environmental and local community interests; and LP Policy EGY 1 requires, inter alia, that 

there would be no adverse unacceptable conflict with existing recreational facilities and their 

access routes. 

5.110 RS Policy RT 9 confirms that proposals should incorporate high quality pedestrian and cycle 

facilities. 

5.111 LP Policy ENV 13 confirms, amongst other matters, that existing rights of way will be 

protected from development. 


assessment of noise from wind energy developments. 

5.113 No public rights of way pass through the site. Wind turbine WTG5, as shown on Figure PA 

003A, is located approximately 50m distant from the nearest public footpath to the site that 

runs along part of Haws Lane beyond the south east site boundary. This public footpath lies 

outside the area oversailed by the nearest wind turbine. The closest bridleway to the site is 

located to the east of the site and runs between Stoup Dub and Haverigg located 

approximately 700m from wind turbine WTG5. In this respect, there is no statutory separation 

distance between a wind turbine and public right of way. It is considered that the proposals 

are compatible with the indicative separation distance for a public right of way located beyond 

the oversail of a wind turbine and also a wind turbine in excess of 200m from a bridleway as 

referred to in the Technical Annex of the Companion Guide to PPS 22. 

5.114 The visual effects of the proposals on the users of the public rights of way network has been 

addressed in ES Chapter 9. Whilst users of the public rights of way network in the vicinity of 

the site will be aware of construction, operation and subsequent decommissioning of the HMP 




Haverigg Wind Farm Scheme, it is considered that the proposals will not result in an 

unacceptable adverse environmental effect in this respect. 

5.115 It is considered that the proposed development does not conflict with relevant national 

and development plan policies, or parts thereof, relating to the protection of rights of 

way. 

14. Health and Safety 

5.116 The Companion Guide PPS 22 (Annex 8 paragraph 49) confirms that experience indicates 

properly designed, erected and maintained wind turbines are a safe technology. PfR propose 

that the wind turbines will be properly designed, managed and maintained in accordance with 

health and safety requirements and consider that there is no unacceptable safety risk to any 

users of the land in the vicinity of the turbines. Vibration sensors will be fitted to the turbines 

which will close it down in the event of icing of the blades. 

15. Proximity to Power Lines 

5.117 The Companion Guide to PPS 22 states that wind turbines should be separated from 

overhead power lines in accordance with the Electricity Council Standard 44-8 ‘Overhead Line 

Clearances’ (paragraph 55). The nearest overhead powerline (11kV) is located approximately 

600m to the east of wind turbine WTG5 and hence it is considered that the proposals are 

compatible with the above English Council Standard. 

16. The Benefits of the Development 

5.118 National, regional and local planning policy generally has a presumption in favour of 

renewable energy development and requires local authorities to balance the benefits 

delivered by renewable energy schemes against any predicted adverse effects. The 

overarching NPS for Energy (EN -1) states that in assessing renewable energy development 

proposals the IPC (and local planning authorities for smaller developments) should take into 

account the potential benefits including its contribution to meeting the need for energy 

infrastructure and its potential adverse impacts (paragraph 4.1.3). PPS 22 explains that “The 

wider environmental and economic benefits of all proposals for renewable energy projects, 

whatever their scale, are material considerations that should be given significant weight in 

determining whether proposals should be granted planning permission” (paragraph 1 (iv), 

page 7). The draft National Planning Policy Framework refers to “Support the delivery of 

renewable and low-carbon energy” and states that local planning authorities should apply the 

presumption in favour of sustainable development and approve the application if the impacts 

are, or can be made, acceptable (paragraph 153). 

5.119 The RS includes policies that promote renewable energy development including RS Policy EM 

17 that refers to tables with indicative regional renewable energy generation targets with onshore 

wind farms and on-shore wind clusters to provide a total capacity of 720MW 

respectively in 2015 and 2020 and confirms opportunities should be sought to identify 

proposals and schemes for renewable energy and refers to a range of environmental and 

economic criteria to be taken into account. The RS indicative sub-regional target for total 

generating capacity for on-shore wind farms and clusters in Cumbria is 247.7MW by 2015 and 

includes existing schemes (RS Table 9.7b). Data provided by Renewables UK in December 

2011 shows that for Cumbria there was almost some 132 MW of generating capacity at onshore 

wind farms and clusters that were operational (81.93 MW), under construction (9.2 MW) 

and with the benefit of planning permission (40.5 MW). In this respect, it is evident that the 

HMP Haverigg Wind Farm Scheme would make an important contribution (around 6 percent 

assuming some 15 MW of installed capacity) toward the overall RS indicative generating 

capacity target for on-shore wind farms and clusters in Cumbria for 2015. 

5.120 Based on the Renewables UK data of December 2011, a further 115.7MW (247.7 – 132) of 

generating capacity needs to be provided from on-shore wind farms and clusters over the next 

3 years in order to meet the RS indicative target for Cumbria in 2015. Assuming that the 

73.3MW of on-shore wind farm projects that were in the planning system (64.3MW at 

application stage and 9MW at appeal) as of December 2011 (Renewables UK data) are 

granted planning permission, then a further 42.4MW of new on-shore wind farm and cluster 




schemes need to secure planning permission and then be installed in Cumbria to meet the RS 

indicative generating capacity target for Cumbria in 2015. In this context, the HMP Haverigg 

Scheme with an assumed installed capacity of 15MW would represent approximately 35 

percent of this additional on-shore wind energy resource that is required in Cumbria by 2015. 

5.121 The CS Policy R44 confirms that proposals for renewable energy outside the Lake District 

National Park and AONB’s will be favourably considered subject to various criteria that deal 

with a range of matters including environmental and economic effects. RS Policy DP3 

promotes sustainable economic development that seeks to improve productivity and close the 

gap in economic performance between the North West and other parts of the UK. Policy RDF 

3 seeks to enhance the economic importance of the coast and the regeneration of coastal 

communities, in ways that safeguard, restore or enhance and make sustainable use of the 

natural, built and cultural heritage assets of the North West Coast. 

5.122 LP Policy EGY 1 confirms that renewable energy development must satisfy criteria that relate 

to the environmental effects of such proposals. In the case of the proposed development, 

there is the need to balance the harm created by its implementation against the benefits. 

5.123 The ES refers to considerable and considerable/moderate adverse visual effects on certain 

receptors that are assessed as significant as a result of the proposed development. All other 

environmental effects were assessed as being of lesser significance. 

5.124 The development plan (for instance CS Policy R44) and national planning policy including 

PPS 22 include policies that require these adverse effects of the renewable energy schemes 

to be weighed against the range of benefits offered by the proposed development. In relation 

to the HMP Haverigg Wind Farm Scheme such benefits include the following matters: 

• contributions from the development towards cutting emissions that are contributing to 

climate change; 

• contributions from the development towards achieving renewable energy targets; and 

• contributions to improvement in the security and diversity of the UK’s energy supply. 

5.125 There will be indirect economic benefits to the local economy from the expenditure arising 

from construction, operation and decommissioning the turbines. There will be other benefits 

through expenditure and employment generated with orders potentially placed with local 

suppliers. Labour and materials will be needed during the construction phase and where 

possible building materials will be sourced locally. The construction phase will include 

construction of lengths of the access track, cabling, foundation installation, turbines and 

anemometer mast erection and construction of the control building and substation. Many of 

these jobs are likely to be suitable for local contract labour. However, these effects on the 

local economy and local employment will result in slight beneficial effects. The primary benefit 

delivered by the proposed development is the contribution it will make to the local energy 

supply and towards achieving renewable energy targets. The proposed development is 

expected to generate between 32.85 GWh of renewable electricity per year. This is equivalent 

to the amount of electricity used annually by 7,360 average households and avoids 14,126 

tonnes of CO 2 tonnes of CO 2 equivalent emissions per year. 

5.126 National policy and renewable energy policies in the development plan require, inter 

alia, that the wider environmental and economic benefits for renewable energy projects 

should be given significant weight. Overall it is considered that the proposals would 

deliver significant economic and environmental benefits that would outweigh the 

limited adverse environmental effects. In this respect, it is considered that the 

proposals are in overall conformity with the development plan and consistent with 

other material considerations including national planning policy for renewables 

development. 




6 Conclusions 

Introduction 

6.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that “If regard is to 

be had to the development plan for the purpose of any determination to be made under the 

planning Acts the determination must be made in accordance with the plan unless other 

material considerations indicate otherwise.” 

6.2 The Planning Statement has addressed in planning policy terms the principal environmental, 

social and economic benefits of the proposals along with the environmental and social 

impacts, subject to mitigation measures where appropriate. This Planning Statement has 

demonstrated that the proposed development of the HMP Haverigg Wind Farm Scheme 

accords with the Development Plan, as well as being in accordance with a range of other 

policies and legislation at the international, national and local levels which are material 

considerations. The main ways in which the proposals comply with and help to meet the 

objectives of planning policy are summarised below. 

The Need for Wind Energy Development 

6.3 It is clear from international, European and UK policy, programmes and plans that there is a 

need to promote energy production from renewable sources and to cut CO2 emissions. The 

EU and the UK have introduced legally binding targets which require the UK to generate at 

least 15% of total energy from renewable sources by 2020. The Renewable Energy Strategy 

(2009) (RES) indicates that over 30% of electricity could be generated from renewables by 

2020, of which approximately one third is likely to be provided by wind farms (Chart 2 of the 

2009 RES). The Climate Change Act 2008 creates legally binding targets of a reduction of at 

least 80% of greenhouse gas emissions by 2050, with a reduction in CO2 by at least 26% by 

2020 against a 1990 baseline. 

6.4 National policy documents recognise that on-shore wind development will continue to play an 

important role in meeting renewable energy targets (NPS for Renewable Energy 

Infrastructure, EN-3, paragraph 2.7.1), that the majority of growth in electricity production from 

renewables will be from wind farms and that the UK has the largest potential wind resource in 

Europe (UK Renewable Energy Strategy, paragraph 2.18 and Box 12). 

6.5 Looking more locally, regional and local plans include policies which seek to promote the 

development of renewable energy schemes. The proposals are considered to be consistent 

with and positively help to achieve key objectives of international, European, national, regional 

and local policy to increase renewable energy production and reduce CO 2 emissions albeit 

contributing to energy supply at a localised level. 

Benefits of the Proposed Development 

6.6 A range of benefits of the proposed development scheme have been identified as follows: 

• the HMP Haverigg Wind Farm Scheme is expected to generate between 32.85 GWh of 

renewable electricity per year. This is equivalent to the amount of electricity used 

annually by 7,360 average households and avoids 14,126 tonnes of CO 2 tonnes of CO 2 

equivalent emissions per year; 

• in accordance with Cumbria Wind Energy Supplementary Document the scheme has 

been designed as an extension to the existing Haverigg II and III wind turbine cluster. 

This enables a significant contribution to the attainment of regional targets to be 

achieved, without constructing turbines in areas of the Borough with no existing wind farm 

schemes; 




• the development will contribute towards cutting emissions that are contributing to climate 

change; 

• the development will contribute towards achieving renewable energy targets; 

• the proposals will contribute to the increasingly recognised need for security and diversity 

in the UK’s energy generation system and the RS indicative North West of England subregional 

renewable energy generation targets with on-shore wind farms and clusters to 

provide a total generating capacity of 247.5MW in 2015 and 2020; 

• the direct and indirect economic benefits to the local economy from the expenditure 

arising from construction, operation and decommissioning the turbines; and 

• an independently administered local community benefit fund consisting of a minimum 

annual payment of three thousand pounds per MW of installed capacity will be put in 

place for the life time of the project, which will be index linked. If five 3MW turbines were 

installed, the fund would therefore annually receive at least £45,000.00 (forty five 

thousand pounds). 

Summary of the Case for the Development 

6.7 This Planning Statement has shown that the proposed development is in overall compliance 

with the development plan, and that the key material considerations of national energy and 

planning policy strongly support the implementation of renewable energy schemes in 

appropriate locations. The proposals have also been developed and assessed taking into 

account guidance in the Cumbria Wind Energy Supplementary Planning Document. The 

likely environmental effects of the proposed development have been thoroughly assessed, 

and mitigation measures outlined where required. The HMP Haverigg Wind Farm Scheme 

has been designed as an extension to the existing Haverigg II and III Wind Farm with the 

objective of minimising, amongst other matters, the landscape and visual effects. The 

adverse effects identified are considered to be outweighed by the significant benefits of the 

proposed development. A comprehensive EIA has been undertaken and ES produced 

which broadly supports the suitability of the HMP Haverigg Wind Farm site for five wind 

turbines with meteorological mast and ancillary infrastructure of the scale and appearance 

proposed. 

6.8 As it has been demonstrated that the scheme accords with the development plan and are 

supported by a range of material considerations. Copeland Borough Council is respectfully 

requested to grant planning permission for the proposed development. 




7 References 

PPS 1: Planning for Sustainable Development (2005) 

PPS: Planning and Climate Change Supplement to PPS 1 (2007) 

PPS 5: Planning for the Historic Environment (2010) 

PPS 7: Sustainable Development in Rural Areas (2004) 

PPS 9: Biodiversity and Geological Conservation (2005) 

PPG13: Transport (2001) 

PPG 14: Development on Unstable Land (1990) 

PPS 22: Renewable Energy (2004) 

PPS 23: Planning and Pollution Control (2004) 

PPG24: Planning and Noise (1994) 

PPS 25: Development and Flood Risk (2010) 

Draft National Planning Policy Framework (2011) 

Consultation PPS – Planning for a Mutual and Healthy Environment (2010) 

North West of England Plan Regional Spatial Strategy to 2021 (2008) 

Cumbria and Lake District Joint Structure Plan 2001-2016 (2006) – extended policies 

Copeland Local Plan 2001-2016 (2006) – saved policies 2009 

Draft Core Strategy and Development Management Policies – Preferred Options (2010) 

Cumbria Wind Energy Supplementary Planning Document (2007) 

Britain’s Energy Coast / A Masterplan for West Cumbria (2007) 

Overarching National Policy Statement for Energy (EN-1) (2011) 

National Policy Statement for Renewable Energy Infrastructure (EN-3) (2011) 

Energy White Paper – Meeting the Energy Challenge (2007) 

Energy White Paper – Planning and electric future: A White Paper for secure, affordable and lowcarbon 

electricity (2011) 

Energy Act 2008 

Climate Change Act 2008 

Planning and Energy Act 2008 

UK Renewable Energy Strategy (2009) 

The UK Low Carbon Transition Plan – National Strategy for Climate Change and Energy (2009) 

Renewables UK – International Comparisons; Turbines Densities and Capacity Factors 

Energy Policy for Europe 




Appendix 1 

Planning Figures Schedule 

PA 001A 

PA 002A 

PA 003A 

PA 004 

PA 005 

PA 006 

PA 007 

PA 008 

PA 009 

PA 010 

Site Location Plan 

Existing Site Plan 

Proposed Site Layout 

Typical Wind Turbine Structure 

Typical Control Building – Elevations 

Typical Control Building – Plan 

Typical Turbine Foundations 

Typical Crane Hardstanding 

Meteorological Mast 

Typical Cable Trench Detail

HMP Haverigg Wind Farm - Partnerships for Renewables

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