Agenda item

Installation of 10 wall-mounted wind turbines

Reflex Lables, Station Road Industrial Estate, Station Road, Swineshead, Boston, PE20 3PW

Mr David Liversuch, Reflex Labels

Installation of 10 wall-mounted wind turbines         

Reflex Lables, Station Road Industrial Estate, Station Road,

Swineshead, Boston, PE20 3PW

Mr David Liversuch, Reflex Labels

The Senior Planning Officer presented the report advising that there was no update information to the report tabled.

No public representation was received in respect of this item.

During committee deliberation the Legal Advisor Mr Parsons intervened in the proceedings, addressing comments made in concern of potential vibration from turbines generating excessive noise inside the building and potentially affecting workers on the site.  Mr Parsons reminded Councillors that the planning decision should be determined on planning considerations and if legislation provided for other elements then it was not something to be considered.  The subject was not a material planning consideration and should there be issues raised in respect of noise, they would not come back through the planning regime to look to correct it.  He clarified that in terms of the noise in relation to the amenity it was, but on the building itself it was not. 

It was moved by Councillor Paul Skinner and seconded by Councillor Jonathan Noble that the application be granted in line with officer recommendation and subject to the conditions and reasons therein.

Vote:      In Favour 11.        Against. 0.      Abstention:  0.

RESOLVED:  That the application be granted in line with officer recommendation subject to the following conditions and reasons:

1       The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason:  Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004.

2        The development hereby permitted shall be carried out in accordance with the following approved plans :

·  Site location plan ref SLP

·  Elevation plan ref 05/3 Rev D

Reason:  To ensure the development is undertaken in accordance with the approved details and to accord with Adopted Local Plan Policy G1.

3     The wind turbine’s noise level shall not exceed a level of 35 dB(A) expressed as LA90 10 min at any existing dwelling  outside of the curtilage of the approved site up to on-site wind speeds of 10m/s measured at a height of 10m in accordance with the guidance contained within the Department of Trade and Industry Report 'The Assessment and Rating of Noise from Wind Farms' (ETSU-R-97).

Reason:  In the interests of residential amenity  and to accord with saved Policies G1 and ED11 of the Adopted Plan.

4.        Within 28 days from receipt of a written request from the Local Planning Authority following a reasonable complaint to it alleging noise disturbance at a dwelling, the landowner shall, at his expense, employ an independent consultant approved by the Local Planning Authority to assess the level of noise emissions from the wind turbines at the complainant’s property. The consultant shall submit a report to the Local Planning Authority within 2 months of the date of the letter which shall include measures necessary to remedy any breach of noise emissions set out in Condition 3. Those measures shall be carried out within 1 month of their approval in writing by the Local Planning Authority and thereafter retained.

Reason: In the interests of residential amenity and to accord with saved Policies G1 and ED11 of the Adopted Plan

5       Prior to operation of the wind turbines, noise testing shall be undertaken by an independent noise consultant to determine compliance with condition 3 above and thereafter a programme of noise monitoring shall be submitted to and agreed with the Local Planning Authority

Reason: In the interests of residential amenity and to accord with saved Policies G1and ED11 of the Adopted Plan.

It is recorded that Councillor Michael Cooper re-joined the meeting at this point in the proceedings.