| Conditions or Reasons: | 1)
The development hereby permitted shall commence no later than 13/09/2022.
Reason: To comply with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. |
2)
The make and model of the turbine hereby permitted shall be a Vensys VE115, with a maximum height of 147 metres and a maximum rotor diameter no greater than 115m.
Reason: For the avoidance of doubt given the identified impacts of the proposed development.
(CBLP and NPPF) |
3)
The turbine shall be constructed in material colour RAL 7035 and the substation shall be completed in colour BS14C39 as approved through the discharge of condition 3 of application CB/16/01389/FULL. The colour of the turbine and substation shall be retained as approved for the lifetime of the development.
Reason: To protect the visual amenities of the area.
(Policy HQ1 CBLP and Section 12 NPPF) |
4)
The development hereby approved shall be completed in accordance with the Construction Management Plan as approved to discharge condition 4 of planning application CB/16/01389/FULL incluing the following details:
Construction Environmental Management Plan (incorporating Traffic Management Plan) by Stuart Michael Associates Ltd dated February 2019, reference no. 6193/CEMP and drawing nos. 6193.001, 6193.002, 6193.003, 6193.004, 6193.005, 6193.006 and 6193.007.
Reason: To protect the amenities of the neighbouring residential properties and highway safety.
(Policy HQ1 of the CBLP and Sections 9 & 12, NPPF) |
5)
The temporary construction compound shall be removed no later than three months from the date of commissioning of the turbine and the ground restored to its previous condition within six months of such removal, unless otherwise agreed in writing by the Local Planning Authority.
Reason: To protect the character and appearance of the surrounding area and to ensure that the compound is removed within an acceptable timeframe as the structure is temporary.
(Policy HQ1 CBLP and Sections 9 & 12, NPPF) |
6)
No development shall take place until a traffic management plan, as set out in the Transport Assessment accompanying the application, for the implementation of the permission has been submitted to, and approved in writing by the Local Planning Authority and Highways England. The scheme shall include arrangements for exceptional loads and appropriate temporary signage and shall be implemented in accordance with the approved details.
Reason: The condition must be discharged prior to commencement in the interests of highway safety.
(Policy T2 CBLP, Sections 9 and 12, NPPF) |
7)
The development shall be completed in full accordance with the method of foul drainage for the constructional and operational phases of the development as approved through the discharge of condition 7 of planning reference CB/16/01389/FULL comprising of Technical Note by Stuart Michael Associates dated 08/02/2019
Reason: To ensure appropriate drainage during the construction phase.
(Section 14, NPPF) |
8)
The development shall be completed in full accordance with the Biodiversity Management Plan as approved through the discharge of condition 8 of planning application CB/16/01389/FULL reference Biodiversity Management Plan by Ecology Solutions dated February 2019 as amended by letter from Ecology Solutions dated 16 April 2019, reference no. 8233/PH/001.fee.la
Reason: To ensure that biodiversity interests are protected, including during the construction period.
(Policy EE2 CBLP and Section 15, NPPF) |
9)
The development hereby permitted shall be completed in full accordance with the landscape scheme approved through the discharge of Condition 9 of planning permission CB/16/01389/FULL, document titled: "Condition 9 - Landscaping scheme for the Checkley Wood Turbine at land off A5 Checkley Wood Farm, Watling Street, Hockliffe, Leighton Buzzard LU7 9LG" received 22.02.2019. The approved scheme shall be implemented by the end of the full planting season immediately following the first use of the turbine (a full planting season means the period from October to March). The planting and any hedgerow shall subsequently be maintained and any which die or are destroyed during the lifetime of the development shall be replaced during the next planting season.
Reason: To ensure an acceptable standard of landscaping.
(Policy EE4, EE5 and HQ1 CBLP and Sections 12 & 15, NPPF) |
10)
The rating level of noise emissions from the Checkley Wood wind turbine in isolation and, if operational, in combination with the Double Arches wind turbine (Planning Ref CB/10/03034/FULL) (including the application of any tonal penalty to the single or combined sound), as determined in accordance with the attached Guidance Notes, which form part of this condition, shall not exceed the decibel value identified for the relevant integer wind speed in relation to the relevant dwellings identified in the tables attached to this condition, provided when assessing noise impact in combination, the noise emissions from the Double Arches turbine does not also exceed the limits in isolation. In the case of any dwelling not identified in the tables which lawfully exists or has planning permission at the date of this permission, the rating level of noise emission shall not exceed the levels as derived in accordance with this condition, provided when assessing noise impact in combination, the noise emissions from the Double Arches turbine does not also exceed the limits in isolation.
Furthermore:
The wind turbine operator shall continuously log power production, nacelle wind speed, orientation and wind direction, any cap or limitation provided on power generated, the rotational speed as RPM, blade pitch and any settings applied controlling blade pitch and turbine RPM, and ensure data of such elements is available in accordance with Guidance Note 1(d). The wind turbine operator shall also continuously log 10 metre height wind speeds, wind direction and ground level rainfall all of which must be arithmetically averaged over 10 minute periods, measured at locations approved in writing by the local planning authority during any checks for compliance with this condition after being so required by the local planning authority. All the data must correlate with measured noise levels throughout the duration of any noise measurements. These data shall be obtained for any compliance checks and retained by the operator for the life of the planning permission. The wind turbine operator shall provide this information in the format set out in Guidance Note 1(d) to the Local Planning Authority on its request, within 28 days of receipt in writing of such a request.
The operation of the turbine and any associate noise compliance measurements shall only be undertaken by the operaters listed in the approved document tilted "Planning Condition 10b" received 22.02.2019 containing the details of two independent noise consultants as approved through the discharge of Condition 10b of planning application CB/16/01389/FULL. Amendments to the list of approved consultants shall be made only with the prior written approval of the Local Planning Authority.
Within 21 days from receipt of a written request from the Local Planning Authority following a complaint to it from an owner or occupier of a dwelling alleging noise disturbance at that dwelling, the wind turbine operator shall, at its expense, employ a consultant approved by the Local Planning Authority to assess the level of noise emissions from the wind turbine at the complainant's dwelling in accordance with the procedures described in the attached Guidance Notes. The written request from the Local Planning Authority shall set out at least the date or some dates, time and location that the complaint relates to and where known any identified atmospheric conditions, including wind direction as well as a statement as to whether, in the opinion of the Local Planning Authority, the noise giving rise to the complaint contains or is likely to contain a tonal component.
The assessment of the rating level of noise emissions from the Checkley Wood wind turbine in isolation and, if operational, in combination with the Double Arches wind turbine shall be undertaken in accordance with an assessment protocol that shall, prior to the commencement of any measurements, have been submitted to and approved in writing by the Local Planning Authority. The protocol shall include the proposed measurement location or locations identified in accordance with the Guidance Notes where measurements for compliance checking purposes shall be undertaken and also the range of meteorological and operational conditions (which shall include the range of wind speeds, wind directions, power generation and times of day) to determine the assessment of rating level of noise emissions along with a reasoned assessment as to whether the noise giving rise to complaint contains or is likely to contain a tonal component. The proposed range of conditions shall include those which prevailed during times when the complainant alleges there was disturbance due to noise, having regard to the written request of the Local Planning Authority under paragraph (c), and such others as the independent consultant or local planning authority consider likely to result in a breach of the noise limits. The data analysis shall exclude periods unlikely to contribute to the complaint in relation to the decibel level of noise.
Where a dwelling to which a complaint is related is not listed in the tables attached to these conditions and any part of its dwelling building is within the 35dBA contour identified in Plan A or B as attached to this permission, the wind turbine operator shall submit to the Local Planning Authority for written approval proposed noise limits selected from those listed in the tables to be adopted at the complainant's dwelling for compliance checking purposes. The proposed noise limits shall be those limits selected from the Tables specified for a listed location which the independent consultant considers as being likely to experience the most similar background noise environment to that experienced at the complainant's dwelling. In the event noise limits are not approved within 42 days of the operator being notified of the complaint, the limits at each 10 metre height wind speed shall be the lowest of any of those properties which are listed in the tables.
In the case of wind turbine noise from the Checkley Wood turbine in isolation at any dwelling building located further than the predicted 35dBA contour shown in Plan A, attached to this permission and used for identification purposes only to which a complaint is related, a limit of 35dB LA90(10 minutes) shall apply at all times and for all wind speeds up to 12m/s as a 10 minute arithmetic average value when measured in accordance with this condition. In the case of wind turbine noise from the Checkley Wood turbine in combination with wind turbine noise from the Double Arches turbine at any dwelling building located further than the predicted 35dBA contour shown in Plan B, attached to this permission and used for identification purposes only to which a complaint is related, a limit of 35dB LA90(10 minutes) shall apply at all times and for all wind speeds up to 12m/s as a 10 minute arithmetic average value when measured in accordance with this condition, provided when assessing noise impact in combination, the noise emissions from the Double Arches turbine does not also exceed the limits in isolation.
The wind turbine operator shall provide to the Local Planning Authority the independent consultant's assessment of the rating level of noise emissions undertaken in accordance with the Guidance Notes within 2 months of the date of the written request of the Local Planning Authority for compliance measurements to be made under paragraph (c), unless the time limit is extended in writing by the Local Planning Authority. Unless otherwise agreed in writing by the Local Planning Authority, the assessment shall be accompanied by all data collected for the purposes of undertaking the compliance measurements, such data to be provided in the format set out in paragraph 1(d) of the Guidance Notes with the exception of audio data which shall be supplied in the format in which it is recorded. The instrumentation used to undertake the measurements shall be calibrated in accordance with Guidance Note 1(a) and certificates of calibration shall be submitted to the Local Planning Authority with the independent consultant's assessment of the rating level of noise emissions.
h. Where a further assessment of the rating level of noise emissions from the wind turbine is required pursuant to Guidance Note 4(c), the wind turbine operator shall submit a copy of the further assessment within 21 days of submission of the independent consultant's assessment pursuant to paragraph (d) above unless the time limit has been extended in writing by the Local Planning Authority.
i. Once the Local Planning Authority has received the independent consultant's noise assessment required by this condition, including all noise measurements and audio recordings and the Local Planning Authority is satisfied of an established breach of the noise limit, then upon notification by the Local Planning Authority in writing to the wind farm operator of the said breach, the wind farm operator shall mitigate to prevent future recurrence of the said breach and within 28 days of the notification, shall propose a mitigation scheme in writing for the approval of the Local Planning Authority. The scheme shall be designed to mitigate the existence or likely recurrence of a breach. The scheme shall specify the timescales for implementation. The approved scheme including any caveats or controls on it applied by the Local Planning Authority as part of its approval shall be implemented as approved and thereafter retained unless otherwise agreed by the Local Planning Authority, in writing.
Table 1 Noise Limits 0700 - 2300 (dB LA90,10 minutes)
Location
Measured wind speed at 10 metre height (m/s) at the location approved by the local planning authority averaged over 10-minute periods
1
2
3
4
5
6
7
8
9
10
11
12
The dwellings identified as H14-H17, Overend Green as specified in the Double Arches Wind Turbine Environmental Statement Volume 1: Main text July 2010 paragraph 7.3.3
35.0
35.0
37.0
39.0
41.0
43.0
45.0
47.0
49.0
51.0
53.0
55.0
H18 Overend Green
35.0
35.0
37.0
39.0
41.0
43.0
45.0
47.0
49.0
51.0
53.0
55.0
H19 Bethney
35.0
35.0
37.0
39.0
41.0
43.0
45.0
47.0
49.0
51.0
53.0
55.0
Checkley Wood Bungalow
50.0
50.0
50.0
50.6
51.3
51.7
51.5
51.5
51.5
51.5
51.5
51.5
Sandhouse Cottages
46.4
46.4
46.4
47.5
48.8
49.8
49.8
49.8
49.8
49.8
49.8
49.8
The Poplars
43.6
43.6
43.6
44.0
44.9
45.9
46.8
46.8
46.8
46.8
46.8
46.8
Potsgrove
35.0
35.0
37.0
39.0
41.0
43.0
45.0
47.0
49.0
51.0
53.0
55.0
H1
46.4
46.4
46.4
47.5
48.8
49.8
49.8
49.8
49.8
49.8
49.8
49.8
Kingsway Bungalow
43.6
43.6
43.6
44.0
44.9
45.9
46.8
46.8
46.8
46.8
46.8
46.8
Mileway House
43.6
43.6
43.6
44.0
44.9
45.9
46.8
46.8
46.8
46.8
46.8
46.8
Table 2 Noise Limits 2300-0700 (dB LA90,10 minutes)
Location
Measured wind speed at 10 metre height (m/s) at the location approved by the local planning authority over 10-minute period
1
2
3
4
5
6
7
8
9
10
11
12
The dwellings identified as H14-H17, Overend Green as specified in the Double Arches Wind Turbine Environmental Statement Volume 1: Main text July 2010 paragraph 7.3.3
43.0
43.0
43.0
43.0
43.0
43.0
44.0
45.0
47.0
49.0
50.0
52.0
H18 Overend Green
43.0
43.0
43.0
43.0
43.0
43.0
44.0
45.0
47.0
49.0
50.0
52.0
H19 Bethney
43.0
43.0
43.0
43.0
43.0
43.0
44.0
45.0
47.0
49.0
50.0
52.0
Checkley Wood Bungalow
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
Sandhouse Cottages
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
The Poplars
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
Potsgrove
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
H1
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
Kingsway Bungalow
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
Mileway House
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
43.0
Table 3: Coordinate locations of the dwellings listed in Tables 1 and 2
Dwelling
Easting
Northing
The dwellings identified as H14-H17, Overend Green as specified in the Double Arches Wind Turbine Environmental Statement Volume 1: Main text July 2010 paragraph 7.3.3
493263
228805
H18 Overend Green
493357
228722
H19 - Bethney
493374
228685
Checkley Wood Bungalow
494822
229040
Sandhouse Cottages
493794
229866
The Poplars
494413
228520
Potsgrove
495042
229840
H1
493649
230022
Kingsway Bungalow
494433
228220
Mileway House
494425
228472
Note to Table 3: The geographical coordinate references are provided for the purpose of identifying the general location of dwellings to which a given set of noise limits applies.
Note: For the purposes of this condition, a 'dwelling' is a building within Use Class C3 & C4 of the Town and Country Planning (Use Classes) Order 1987 which lawfully exists or had planning permission at the date of this consent.
Reason: To ensure that the amenities of neighbouring occupiers are not prejudiced by excessive noise.
(Policy HQ1 CBLP and Sections 12 and 14 NPPF) |
11)
The wind turbine shall not emit greater than expected amplitude modulation (EAM). Amplitude modulation is the modulation of the level of broadband noise emitted by a turbine at blade passing frequency. These will be deemed greater than expected if the following characteristics apply:
a. A change in the measured LAeq 100 milliseconds turbine noise level of more than 3dB (represented as a rise and fall in sound energy levels each of more than 3dB) occurring within a 2 second period.
b. The change identified in (a) above shall not occur less than 5 times in any one minute period provided that the LAeq, 1 minute turbine sound energy level for that minute is not below 28dB.
c. The changes identified in (a) and (b) above shall not occur for fewer than 6 minutes in any hour.
Noise emissions shall be measured at a complainant's dwelling not further than 35m from the relevant dwelling building, and not closer than 3.5m of any reflective building or surface other than the ground, or within 1.2m of the ground.
Reason: To ensure that the amenities of neighbouring occupiers are not prejudiced by excessive noise.
(Policy HQ1 CBLP and Section 12, NPPF) |
12)
Within 21 days from receipt of a written request of the Local Planning Authority, following a complaint to it alleging noise disturbance at a dwelling which relates to amplitude modulation, the wind turbine operator shall, at its expense, employ a consultant approved by the Local Planning Authority in writing, to assess whether there is greater than expected amplitude modulation from the wind turbine at the complainant's property. The written request from the Local Planning Authority shall set out at least the date, time and location that the complaint relates to. Within 14 days of receipt of the written request of the Local Planning Authority made under this condition, the wind turbine operator shall provide the information logged in accordance with this condition to the Local Planning Authority in the format set out in the Guidance Notes.
Prior to the commencement of any measurements by the independent consultant to be undertaken in accordance with this condition, the wind turbine operator shall submit to the Local Planning Authority for written approval the proposed measurement location identified. Measurements to assess compliance with the noise limit of this condition shall be undertaken at the measurement location or locations approved in writing by the Local Planning Authority.
Prior to the submission of the independent consultant's assessment of the noise emissions in accordance with the requirements of this condition, the wind turbine operator shall submit to the Local Planning Authority for written approval a proposed assessment protocol setting out the range of meteorological and operational conditions (which shall include the range of wind speeds, wind directions, turbine power generation and where available, rotational speed and blade pitch settings and also the times of day) to determine the assessment of noise emissions.
The proposed range of meteorological conditions shall be those which prevailed during times when the complainant alleges there was disturbance due to noise, or are identified as causing greater than expected amplitude modulation, having regard to the written request of the Local Planning Authority, and such other conditions as the independent consultant considers likely to result in a breach of the noise limits. The assessment of the noise emissions shall be undertaken in accordance with the assessment protocol approved in writing by the Local Planning Authority.
The wind turbine operator shall provide to the Local Planning Authority the independent consultant's assessment of greater than expected amplitude modulation within 2 months of the date of the written request of the Local Planning Authority unless the time limit is extended in writing by the Local Planning Authority. The assessment shall include all data collected for the purposes of undertaking the compliance measurements, such data to be provided in the format set out in the Guidance Note to this condition where that guidance is provided on that data type.
The wind turbine operator shall continuously log power production, nacelle wind speed, nacelle wind direction and nacelle orientation at the wind turbine and where available, blade pitch and revolutions per minute, expressed as 10 minute averages. 10m height wind speeds averaged over 10 minute periods shall be measured at a location approved by the local planning authority for comparison with noise levels, for the duration of the noise level compliance check survey. Rainfall shall also be measured during any measurement regime at a location approved by the local authority in writing. These data obtained shall be retained for the life of the planning permission. The wind turbine operator shall provide this information in the format set out in the Guidance Note to the Local Planning Authority on its request, within 14 days of receipt in writing of such a request.
Once the Local Planning Authority has received the independent consultant's noise assessment required by this condition, including all noise measurements and audio recordings, where the Local Planning Authority is satisfied of an established breach of the noise limit, upon notification by the Local Planning Authority in writing to the wind turbine operator of the said breach, the wind turbine operator shall within 14 days propose a scheme for the approval of the Local Planning Authority. The scheme shall be designed to mitigate the breach and to prevent its future recurrence. This scheme shall specify the timescales for implementation. The scheme shall be implemented as approved by the Local Planning Authority and according to the timescales within it. The scheme as implemented shall be retained thereafter unless otherwise agreed with the Local Planning Authority.
Reason: To ensure that the amenities of neighbouring occupiers are not prejudiced by excessive noise.
(Policy HQ1 CBLP and Section 12, NPPF) |
13)
The turbine shall not be first brought into use until a mitigation scheme setting out details of works necessary to mitigate any adverse effects to domestic television signals in the area caused by the development, which shall include a provision for the investigation and resolution of any claim by any person for loss or interference of their domestic television signal at their household within 12 months of the final commissioning of the wind turbine, has been submitted to and approved in writing by the Local Planning Authority. The mitigation scheme shall be based upon the baseline television signal measurements carried out by GTech Surveys (Reference: Household Viewing Preference Survey Checkley Wood Wind Turbine Development), as submitted to the Local Planning Authority.
Reason: In the interests of ensuring that surrounding residents continue to receive an adequate standard of domestic television reception.
(Section 10, NPPF) |
14)
The wind turbine hereby approved shall operate in accordance with a shadow flicker mitigation scheme which shall be submitted to and approved in writing by the Local Planning Authority prior to the first operation of the wind turbine unless a survey carried out on behalf of the developer in accordance with a methodology approved in advance by the Local Planning Authority confirms that shadow flicker effects would not be experienced within habitable rooms within any dwelling.
Reason: To ensure shadow flicker is adequately mitigated.
(Policies HQ1 and EE5 CBLP and Sections 12 & 15, NPPF) |
15)
The planning permission is for a period from the date of the installation until the date occurring 25 years after the date of first export of electricity. Written confirmation of the date of the first export of electricity shall be provided to the Local Planning Authority no later than 1 calendar month after that event.
Reason: In the interests of visual amenity and landscape protection and the location of the turbine in the Green Belt.
(Policy HQ1, EE5, SP4 CBLP and Sections 12, 13 & 15, NPPF) |
16)
Not later than 3 months from the date that the planning permission hereby granted expires, or if the turbine ceases to operate for a continuous period of 6 months then, unless otherwise agreed in writing with the Local Planning Authority, it shall be dismantled and removed from the site and the land reinstated to its former condition.
Reason: To ensure that the turbine is removed at the end of its operational life and to safeguard the character of the locality and the Green Belt.
(Policy HQ1, EE5, SP4 CBLP and Sections 12, 13 & 15, NPPF) |
17)
All electrical cabling on site shall be buried underground unless otherwise approved in writing by the Local Planning Authority.
Reason: For the avoidance of doubt. |
18)
If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.
Reason: To protect the quality of controlled waters in accordance with Groundwater Protection, Policy and Practice (GP3) P9-6 and Planning Policy Statement 23 (PPS23). The nature of soil and groundwater contamination is such that even where comprehensive site investigation is undertaken, some unsuspected contamination may exist between sample locations. This condition allows a reactive mechanism for the control of the way in which such contamination is treated, should it be discovered.
(Sections 14 and 15, NPPF) |
19)
Upon installation, the turbine shall be fitted with MoD accredited 25 candela omni-directional red lighting or infrared aviation lighting with an optimised flash pattern of 60 flashes per minute of 200ms to 500ms duration at the highest practicable point and this shall be retained for the lifetime of the turbine.
Reason: In the interests of air safety.
(Section 15, NPPF) |
20)
No development shall take place until a scheme for a project that will better reveal the historic significance of Saint Peter and All Saints Church at Battlesden (Grade I Listed) has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include timescales for the delivery of the agreed project. The agreed scheme shall subsequently be delivered in accordance with the agreed timescales.
Reason: The proposal would result in less than substantial harm to the setting of the Grade I Listed Church and the project is in line with paragraph 137 of the NPPF as it would mitigate that impact.
(Policy HE3 CBLP and Section 16, NPPF) |
21)
The development shall be carried out and operated in accordance with the mitigation measures set out in the Hydrological Assessment prepared by Wallingford HydroSolutions Limited dated January 2016.
Reason: To ensure that no contamination of waters under and around the site takes place.
(Sections 10, 15, NPPF) |
22)
The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers:
210524 Site Layout Version 1.0;
Checkley Wood Minor Material Amendment Figures and Visualisations - Figure 3 - Turbing Elevation
Figure 7 of the "Revised Figures and Visualisations - 87m Rotor Diameter" document dated June 2016.
Figures 6 & 8 of the "Checkley Wood Single Wind Turbine: Environmental Report Figures" dated March 2016
Reason: To identify the approved plans and to avoid doubt. |
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