Resource Library Category: England (26 items)
Documents presented here are not the product of nor are they necessarily endorsed by National Wind Watch. This resource library is provided to assist anyone wishing to research the issue of industrial wind power and the impacts of its development. The information should be evaluated by each reader to come to their own conclusions about the many areas of debate.
Tunstall, Roos appeal decision
Source: Pykett, Andrew
Appeal Ref: APP/E2001/A/10/2130670
Land south of Hogsea Lane, Tunstall, Roos, Hull HU12 0JE
- The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission.
- The appeal is made by Energiekontor UK Ltd against the decision of East Riding of Yorkshire Council.
- The application Ref: DC/09/02000/STPLFE/STRAT, dated 26 May 2009, was refused by notice dated 21 January 2010.
- The development proposed is a wind farm comprising 3 wind turbines, substation, access tracks and development ancillary thereto.
- The inquiry sat for 5 days on 2, 3, 4, 5, and 29 November 2010.
Decision
8. I dismiss the appeal.
Main issue
9. The main issue in this case is whether any harm to landscape and visual amenity resulting from the cumulative impact of the proposed development, combined with that of other permitted wind energy schemes in the area, would be sufficient to outweigh the presumption in favour of such proposals.
Download original document: “Tunstall, Roos appeal decision”
Little Linton appeal decisions
Source: Major, Phillip
Appeal A: APP/W0530/A/09/2108277
Land at Little Linton Farm, south of Cambridge Road, Linton, Cambridgeshire
- The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for planning permission.
- The appeal is made by Enertrag UK Ltd against South Cambridgeshire District Council.
- The application Ref S/0232/09/F, is dated 16 February 2009.
- The development proposed is installation of seven wind turbines and associated infrastructure (to include access tracks, crane hardstandings, temporary construction compound, switch house and cables) on land to the south west of Linton, Cambridgeshire.
Appeal B: APP/C1570/A/09/2108275
Land at Little Linton Farm, south of Cambridge Road, Linton, Cambridgeshire
- The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission.
- The appeal is made by Enertrag UK Ltd against the decision of Uttlesford District Council.
- The application Ref UTT/0232/09/FUL, dated 16 February 2009, was refused by notice dated 25 June 2009.
- The development proposed is installation of one wind turbine with access track, crane hardstanding and cable on land to the south west of Linton, Cambridgeshire.
DECISIONS
3. I dismiss the appeals.
Overall Balance
170. But even the substantial aggregate weight in favour of renewable energy production and its associated benefits cannot surpass the fact that the harm to aviation interests, with the safety implications for 2 major airports, has not been satisfactorily addressed. This is in direct contravention of national policy advice. When the added significant harm to heritage assets, the moderate to significant harm to the landscape, and the likelihood of harm to protected species is added, the balance falls firmly against the grant of planning permission.
Download original document: “Little Linton appeal decisions”
Far Old Park wind energy production, Askam-in-Furness, Cumbria
Source: Anon.
The seven 660-KW wind turbines in Askam-in-Furness have a combined capacity of 4.62 megawatts. Their owner, Eon Netz of Germany, claims that they produce enough power for 2,500 homes.
The production figures show that since April 2004, the average monthly output has been 654.4 MWh, or an average rate of production of 896.2 kilowatts, 19.4% of their capacity. For the 2,500 homes Eon claims, that’s 358 watts each.
Since 2007, production has been consistently lower: 14.3% of capacity since April 2007. That’s 264 watts for each of Eon Netz’s 2,500 homes. In June 2010, the average load was 107 watts for each of those homes.
Download original document: “Askam wind production – April 2004 to June 2010″
Download original document: “Askam wind production – April 2007 to June 2010″
Wind Turbines (Minimum Distances from Residential Premises) Bill
Source: House of Lords
A Bill To Make provision for a minimum distance between wind turbines and residential premises according to the size of the wind turbine; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
1. Planning permission
(1) No relevant authority may grant planning permission for the construction of a wind turbine generator unless it meets the minimum distance requirement under section 2, subject to the exception in section 3.
(2) “Relevant authority” means the local authority or government department with the power to grant planning permission for a wind turbine generator.
2. Requirements for minimum distance
(1) The “minimum distance requirement” means the necessary minimum distance between the wind turbine generator and residential premises as set out in subsection (4).
(2) “Residential premises” means any premises the main purpose of which is to provide residential accommodation, including farmhouses.
(3) If a number of wind turbine generators are being built as part of the same project the minimum distance requirement applies to each wind turbine generator individually.
(4) If the height of the wind turbine generator is—
(a) greater than 25m, but does not exceed 50m, the minimum distance requirement is 1000m;
(b) greater than 50m, but does not exceed 100m, the minimum distance requirement is 1500m;
(c) greater than 100m, but does not exceed 150m, the minimum distance requirement is 2000m;
(d) greater than 150m, the minimum distance requirement is 3000m.
(5) The height of the wind turbine generator is measured from the ground to the end of the blade tip at its highest point.
(6) There is no minimum distance requirement if the height of the wind turbine generator does not exceed 25m.
(7) If planning permission is granted on the condition that the proposed wind turbine generator meets the minimum distance requirement under subsection (5) the actual height of the wind turbine generator must not exceed the maximum height in relation to that minimum distance.
3. Exception
(1) The local authority may grant planning permission for the construction of a wind turbine generator which does not meet the minimum distance requirement under section 2(4) if the condition under subsection (2) is met.
(2) The condition is that the owners of all residential premises which fall within the minimum distance requirement for the proposed wind turbine generator must agree in writing to the construction of the wind turbine generator.
(3) It is the duty of a relevant authority to ensure that no written agreement is elicited by unlawful means and that all necessary written agreements have been received before planning permission is granted.
4. Short title and extent
(1) This Act shall be known as the Wind Turbines (Minimum Distances from Residential Premises) Act 2010.
(2) This Act extends to England and Wales.
House of Lords, Session 2010 – 11
Sponsor: Lord Reay
Web site: services.parliament.uk/bills/2010-11/windturbinesminimumdistancesfromresidentialpremiseshl.html
1st reading: 26 July 2010
2nd reading: 10 June 2011
House of Lords, Session 2012 – 13
Web site: services.parliament.uk/bills/2012-13/windturbinesminimumdistancefromresidentialpremises.html
1st reading: 14 May 2012
[Note: 1000 metres = 3281 feet = 0.62 mile; 50 metres = 164 feet]
Download original document: “Wind Turbines (Minimum Distances from Residential Premises) Bill (HL)”

