1. Planning Services
Service Director for Planning, Transportation and Highways: Ian Thomson
Wakefield One, PO Box 700, Burton Street, Wakefield WF1 2EB
Typetalk calls welcome
Date of Application: 1 July 2013
Date Decision Issued: 6 March 2014
Application Number: 13/01964/FUL
Mr David Hirst
c/o Miss Victoria Whalley
AAH Planning Consultants
2 Bar LaneYork
York
North Yorkshire
YO1 6JU
United Kingdom
Town and Country Planning Act 1990
Town and Country Planning (Development Management Procedure) (England)
Order 2010
Grant of Planning Permission
Description and Location of Application
construction of a wind turbine (maximum height 34.2 meters) and associated infrastructure
at: West End Farm (land At) Ackton Lane Ackton Pontefract WF7 6HP
Particulars of Decision
Planning permission granted. Permission is granted for the development in accordance with
the plans and specifications hereby approved subject to the following condition(s) and
reason(s) if any:-
1. The development hereby permitted shall be begun within three years of the date of this
permission.
Reason : Pursuant to the requirements of Section 91 of the Town and Country
Planning Act 1990, as amended by Section 51 of the Planning and Compulsory
Purchase Act 2004.
2. No turbine other than a 50kW model with a maximum hub height of 24.6 m and a
maximum height to the tip of the blade of 34.2m shall be installed. The turbine shall be
installed and operated only within the area identified on the 1:1250 scale location plan
submitted with the application and thereafter retained for the lifetime of the
development.
Reason: In the interests of amenity and to accord with national planning guidance
contained within the Government's NPPF and policies D4, D8 and D9 of the Council's
Local Development Framework Development Policies Document.
2. 3. The turbine shall not be installed until the Local Planning Authority has received written
confirmation that the Ministry of Defence has been notified of the development and has
received the following information: (i) the latitude and longitude of the turbine, (ii) the
date of commencement of construction, (iii) the date of completion of construction, (iv)
the height above ground of the tallest structure, (v) the maximum height of construction
equipment.
Reason: In the interests of aviation safety in accordance with the Planning practice
guidance for renewable and low carbon energy.
4. Should the wind turbine hereby permitted cease to operate for a continuous period of
twelve months (unless such cessation is due to the wind turbine being under repair or
replacement) then it shall be removed from the site in accordance with a scheme of
works which has first been submitted to and approved in writing by the Local Planning
Authority. The scheme of works shall include details of (i) the method of
decommissioning and removal of the wind turbine from the site; (ii) the timescale for
the decommissioning and removal; and (iii) works to restore the land to its former
condition. The scheme of works shall be submitted to the local planning authority within
one month of the end of the cessation period.
Reason: In the interests of amenity accordance with national planning guidance
contained within the Government's NPPF and policies D4, D8 and D9 of the Council's
Local Development Framework Development Policies Document.
5. Development shall not commence until appropriate intrusive site investigation works
have be undertaken to confirm coal mining conditions within the site and the results of
which have been submitted to and approved in writing by the Local Planning Authority
in consultation with the Coal Authority. If site investigations confirm that remedial
works to treat any areas of shallow mine workings, and/or any other mitigation
measures are required to ensure the safety and stability of the development, a scheme
detailing any such works shall be submitted to the Local Planning Authority for their
written approval in consultation with the Coal Authority prior to development
commencing. In such instance the development shall be carried out in accordance with
the agreed scheme of works and timescale.
Reason: To secure appropriate land conditions / stability for the development in
accordance with paragraph 121 of the NPPF.
6. The development shall not commence until details of the materials and colour finish of
the turbine hereby approved, have been submitted to and approved in writing by the
Local Planning Authority. The development shall only be carried out using the materials
and to the colour finish as approved by the Local Planning Authority and shall be
retained and maintained for the lifetime of the development.
Reason: To protect the visual character of the Green Belt and in the interests of
amenity; to accord with national planning guidance contained within the NPPF and
policies D8, D9, D12 of the Council's Local Development Framework Development
Policies Document.
7. All electrical cabling associated with the development shall be located underground.
Reason: To protect the visual character of the green belt and in the interests of
amenity; to accord with national planning guidance contained within NPPF and policies
D8, D9 and D12 of the Council's Local Development Framework Development Policies
Document.
8. The development shall not commence until a scheme detailing traffic management
associated with the development has been submitted to and approved in writing by the
Local Planning Authority. In particular the submitted detail shall include: (i) how the
3. wind turbine will be delivered to and erected at the site, (ii) access provision to and
from the site for construction traffic, detailing what arrangements will be made for
restricting such vehicles to approved points of access and egress, (iii) provision for on
site parking for construction vehicles for the duration of the construction period, (iv)
measures to protect public (v) minimising obstruction along the affected roads to allow
flow of traffic and (vi) the provision and use of adequate wheel washing arrangements
within the site. The scheme shall be implemented throughout the construction period.
Reason: In the interests of highway safety and to accord with policy D14 of the
Council's Local Development Framework Development Policies Document.
9. Unless otherwise agreed in writing by the Local Planning Authority no wind turbine
other than Endurance E-3120 50kW shall be installed at the site.
Reason: To ensure acceptable management of noise impact associated with the
development in accordance policy D20 of the Council's Local Development Framework
Development Policies Document.
This decision is based on the following plans(s):-
Plan Type Reference Version Date Received
Application Form 01.07.2013
Photographs PHOTOMONTAGES 01.07.2013
Design and Access
Statement
01.07.2013
Elevation Plans E3120 E312050kw
monopole
rev.A
01.07.2013
Noise Documentation ACOUSTIC DATA 1.1 01.07.2013
Miscellaneous
Support
Documentation
E3120 SPECIFICATIONS 01.07.2013
Proposed Plans FOUNDATION AND H
BOLT ARRANGEMEN
EWP50_F_
001 rev.D
01.07.2013
Noise Documentation NOISE PERFORMANCE
TEST
Report
HM:2300/R
1
01.07.2013
Noise Documentation NOISE IMPACT
ASSESSMENT
8728-NIA-
01
24.10.2013
Miscellaneous
Support
Documentation
COAL / RISK
ASSESSMENT
06.08.2013
Site Plans 17.09.2013
Location Plan 17.09.2013
Miscellaneous
Support
Documentation
WEST END APPENDICES
1 -6
17.09.2013
Design and Access
Statement
17.09.2013
Notes
Paragraph 120 of the National Planning Policy Framework states that: Where a site is
affected by contamination or land stability issues, responsibility for securing a safe
development rests with the developer and/or landowner.
4. The Local Planning Authority worked proactively and positively to issue the decision without
delay. The Local Planning Authority has therefore implemented the requirement in
Paragraphs 186-187 of the NPPF.
The applicant is advised that this permission does not authorise excavations within or
abutting the public highway. If any such works are required in connection with this
permission, the PRIOR APPROVAL of the Council is required as Highway Authority. Works
to the public highway undertaken without the necessary approval would be an unlawful
interference with the public highway in respect of which, legal action may be taken under the
Highway Act 1980 and related statutes.
The applicant is advised that, even if no building work is proposed, approval may also be
required under Building Regulations. The advice of the Building Control Service should be
sought before the use commences. If any amendments are proposed to the drawings
approved herewith when making application under the Building Regulations, a note to that
effect should be made on the revised drawings.
Please refer to the accompanying Statutory Provisions and Notes, which form part of this
Notice.
Service Director for Planning
5. INFORMATIVE NOTE
The proposed development lies within an area that has been defined by The Coal Authority as
containing potential hazards arising from former coal mining activity. These hazards can include:
mine entries (shafts and adits); shallow coal workings; geological features (fissures and break
lines); mine gas and previous surface mining sites. Although such hazards are seldom readily
visible, they can often be present and problems can occur in the future, particularly as a result of
development taking place. It should also be noted that this site may lie in an area where a current
licence exists for underground coal mining.
It is recommended that information outlining how the former mining activities affect the
proposed development, along with any mitigation measures required (for example the need for
gas protection measures within the foundations), be submitted alongside any subsequent
application for Building Regulations approval (if relevant). Your attention is drawn to the Coal
Authority policy in relation to new development and mine entries available at
www.coal.decc.gov.uk
Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine
entries (shafts and adits) requires the prior written permission of The Coal Authority. Such
activities could include site investigation boreholes, digging of foundations, piling activities,
other ground works and any subsequent treatment of coal mine workings and coal mine entries
for ground stability purposes. Failure to obtain Coal Authority permission for such activities is
trespass, with the potential for court action.
Property specific summary information on past, current and future coal mining activity can be
obtained from The Coal Authority’s Property Search Service on 0845 762 6848 or at
www.groundstability.com
If any of the coal mining features are unexpectedly encountered during development, this should
be reported immediately to The Coal Authority on 0845 762 6848. Further information is
available on The Coal Authority website www.coal.decc.gov.uk
This Informative Note is valid from 1st
January 2013 until 31st
December 2014
Any Planning Enquiries should be directed to:
Planning and Local Authority Liaison:
Direct Telephone: 01623 637 119
Email: planningconsultation@coal.gov.uk
Website: www.coal.decc.gov.uk/services/planning
7. F U R T H E R I N F O R M AT I O N
Now that your application has been determined, this information sheet is intended to inform you of your
options.
GR AN TE D
If your application has been granted, please be aware that the following may apply to you.
TIMESCALES
If you do not begin the development within the period specified on your decision notice, the
permission will lapse.
Extension of Planning Permission – in order to keep consent extant, you are required to
submit a new application, including the full plans and information, and the full current fee.
If the development is begun but not completed we can, in certain circumstances, require that it
is completed within a specified period.
CONDITIONS
If your application has been granted subject to conditions you may be required to submit information
to allow the discharge of conditions, after which development may commence.
The form for discharge of condition applications can be found using the following link
www.planningportal.gov.uk/uploads/appPDF/X4725Form027_england_en.pdf a fee will also be
payable.
OTHER CONSENTS
This is only a Planning Permission; it does not necessarily mean you can start your development.
You must also assess the impact of the following on your development:
It may be necessary to obtain approval under the Building Regulations. This is handled by our
Building Control Department.
This permission does not entitle you to obstruct a Right of Way. If you need to stop up or divert
a footpath or bridleway to enable you to carry out the development you should contact our
Public Rights of Way office.
Any applications for Council grants towards the costs of the development will need to be
approved before work starts.
Your development may come under the jurisdiction of two different pieces of Civil Legislation:
the Party Wall Act and Right to Light: see the DCLG website for more information
If your development requires you to alter any existing utilities (Drainage, Water, Electricity,
Gas, Phone, Cable, etc.) then you will need to liaise with the appropriate organisation.
Do not start your development until you have all the applicable consents
GROUND STABILITY
This Planning Permission does not constitute any guarantee as to the stability of the site.
GR AN TE D W ITH COND ITIONS, SPLI T DECIS ION OR RE FU S AL
If your application has been refused, in part of in full, or if there are conditions attached to the grant,
then you may wish to consider making a resubmission or an appeal.
P10
If you wish to talk to someone about your application, please contact Development Control and quote
your Application Number: 0845 8 506 506 or devcontrol@wakefield.gov.uk
8. APPEALS
If you are aggrieved by this decision, then you may be able to make an appeal. Appeals in England
and Wales are handled (on behalf of the Secretary of State for the Department of Communities and
Local Government) by the Planning Inspectorate in Bristol.
There are strict time limits on when Appeals can be made and you are urged to visit
www.planninginspectorate.gov.uk . Alternatively information about all aspects of the Appeal Process
are available from the Planning Inspectorate, and the Planning Portal.
INFORM ATION
BUILDING CONTROL
01924 306580
buildingcontrol@wakefield.gov.uk
www.wakefield.gov.uk/Planning/BuildingControl
PUBLIC RIGHTS OF WAY
0845 8 506 506
prowteam@wakefield.gov.uk
www.wakefeild.gov.uk/CultureAndLeisure/ParksAndOpenSpaces/Footpaths/default.htm
PLANNING INSPECTORATE
www.planninginspectorate.gov.uk
The Planning Inspectorate,
Temple Quay House,
2 The Square, Temple Quay,
Bristol BS1 6PN
PLANNING PORTAL
The Planning Portal is the UK Government's online planning and building regulations resource.
Use this site to learn about planning and building regulations, and appeal against a decision
and research government policy.
www.planningportal.gov.uk
DCLG (DEPARTMENT FOR COMMUNITIES AND LOCAL GOVERNMENT)
The DCLG are the central Government Department responsible for planning policy and building
regulations.
www.communities.gov.uk
