Planning Policy and Wind Turbines (South-West)

Debate between Geoffrey Cox and Mel Stride

Wednesday 12th March 2014 Westminster Hall

[Mr Geoffrey Cox (Torridge and West Devon) (Con)]

It is an enormous pleasure and privilege to serve under your chairmanship, Mr Pritchard, as well as to introduce a debate that is important to many thousands of people throughout the south-west.

A hundred or so years ago, when the cry went up, “There be gold in them there hills,” I do not suppose that our ancestors all that time ago would have thought it possible to mine gold from wind. They might have thought that had they heard my speech, and they would certainly do so if they looked around the countryside in constituencies in Devon and Cornwall, because springing up throughout the landscape of those two exquisitely beautiful counties are more and more large industrial wind turbines, which are becoming a prominent and dominant feature in the landscape—indeed, in many areas, they already have.

There is usually an announcement in a newspaper, or a neighbour knocks at one’s door, when a new application has been made for a wind turbine. Whether it is one that is 300 or 400 feet tall, for a single turbine or a cluster of them, small rural communities are plunged into what can only be described as a miserable ordeal. There is immediately a cloud of uncertainty over people’s lives. If they recently bought a house in a village and the proposed turbine would be sufficiently proximate to their dwelling, they are immediately concerned about the price of their house. They are concerned about the quality of the landscape, and about reports of the deleterious health effects.

Above all, they are concerned when they learn that applications are often made by distant developers with shareholders seeking to make great profits, and when they learn that the potential profits are extraordinary.

[Mel Stride (Central Devon) (Con)]

I congratulate my hon. and learned Friend on having secured such an important debate. In the previous Parliament, the town of North Tawton and the village of Spreyton, which are now part of my constituency, were in his constituency, so he will know the tortuous sequence of events in respect of the planning application for the Den Brook valley wind farm, which underwent two public inquiries and a judicial review. Those events occurred over several years, so my hon. and learned Friend’s points about the uncertainty, the impact on property prices and the general distress caused to the local population are well founded. I would be interested to hear his comments.

[Mr Cox]

My hon. Friend makes an extremely good point. I did indeed represent those parts of what are now his constituency when the Den Brook application was first made. I vividly recall the disruption, dismay and distress caused to not only those who live in the area but those who run businesses there. I know very well a couple who run a bed and breakfast just a few hundred yards from the site. I know their feelings when they learned that some six or 10 wind turbines of several hundred feet in height were to be erected in full view of their establishment.

My hon. Friend reinforces the point I was making, which will be alive and real to and keenly felt by thousands of people who listen to or read this debate. The machines that we are installing throughout the countryside cause real disruption, dismay and distress to small rural communities. It is not enough to dismiss such concerns as subjective, partial or nimbyism. I dare say that any of us living within a few hundred metres of a 400-foot wind turbine would feel the same concern that my constituents feel when they hear of a new application.

It is striking that this year, for the first time, the amounts paid by energy consumers for onshore and offshore wind turbines has topped £1 billion. An annual amount of £1.2 billion is being paid by the energy consumer solely to subsidise the price of electricity created by onshore and offshore wind turbines. That is an astonishing figure when we consider that it falls, in many hundreds of thousands of cases, on those least able to afford the inflated energy price resulting from the renewables obligation. Many people in fuel poverty are having to sustain a price inflated by the £1.2 billion that is currently being added to the cost of electricity as a result of the extraordinary benefits received by wind turbine projects.

I specifically wish to address planning policy. One could speak about the economics of wind turbines, which have has received the frequent attention of the House and been criticised by the Public Accounts Committee for not adding up to real value for money for the country. One could speak about the unsatisfactory noise standards that do not attract public confidence. One could, of course, speak of wind turbines’ efficacy in contributing to cutting carbon emissions. However, I wish for the moment to concentrate on planning policy.

The main planning considerations for wind turbine applications can be found in two primary documents: first, the national planning policy framework; and secondly, the national policy statement on renewable energy infrastructure. There is now a third document, to which I shall come, but my case is that the planning framework for wind turbine applications is still affected by a substantial bias in favour of renewable energy. That is a disappointing concession to have to make, because only last year the Secretary of State for Communities and Local Government announced in a written ministerial statement that he was intending to rectify the balance.

The publication of the third document of which I spoke, the planning practice guidance for renewable and low-carbon energy, was widely publicised last year. By means of that third document and the written ministerial statement, we understood—I speak certainly for myself, and I know for some other Government Members—that there would be a concerted effort to rebalance the planning system so that landscape and other local considerations played a greater role in planning decisions. It is a pleasure to see the Minister present, but I must report with considerable regret that I seek his clarification on the planning practice guidance, because it is apparent from the decisions of planning inspectors on applications in my constituency that it has made little difference. That is certainly the opinion of the planning departments responsible for applications in Torridge and West Devon.

Often, the real issue at stake in the consideration of a wind turbine application is whether the benefits of the scheme, including the production of electricity from a renewable source, outweigh any harmful effects. That is the central question. Do the benefits outweigh the harmful effects? The inspector is mandated to have particular regard to the effect on the character and appearance of the area, including any cumulative impact from other permitted turbines in the area. He will also look at the effect on the living conditions of neighbouring residents. He will have particular regard to their outlook, the noise and the effect on nature conservation issues.

However, at the heart of the planning balance is this central equation: do the benefits of the scheme, particularly the production of electricity from a renewable source, outweigh its harmful impacts? The equation needs only to be stated for the listener to realise that if we are going to have a simple equation of that kind—whether the benefits outweigh the impacts—the answer is going to be influenced by the hierarchy of priorities on either side of the equation. Which is to take precedence? Is it the benefits—the production of renewable energy—or the impact on the landscape? Which, in the planning framework and the documents and policies that affect the decision, takes precedence?

The moment someone looks at the national planning policy framework, the answer starts to emerge. That document makes it clear that no overall demonstration of need for the development is required. In other words, the developer is not required to prove that his development is needed or to produce evidence that the proposed development will make any material or significant difference to the overall generating needs of the country in relation to renewable energy.

On the contrary, the NPPF, published in March 2012, makes it absolutely clear that there is a presumption that even small-scale developments make a valuable contribution to cutting emissions. Although the Government have stated that the onshore wind target of 15% has already been reached by applications that have already been granted, by wind turbines that have already been erected and by those that are pending, still there is no requirement on the developer to show that his development will make a significant or material contribution —indeed any contribution whatsoever—to cutting emissions.

Once we set up an equation that requires the planning inspector to question whether the benefits outweigh the impacts, and yet we excuse the developer from having to prove the benefits, we automatically have an unequal playing field. Regrettably, the issue goes beyond that, because the NPPF states that approval is to be mandated if the effects on the landscape are “acceptable”. Now, what does that word mean in the context? What it plainly means, and what it has been interpreted to mean by planning inspectors up and down the country, is that some damage to the landscape is assumed to be a consequence of a wind turbine development.

Again, when we look at whether the benefits outweigh the impacts, when we take into account the fact that the developer is exempted from proving the benefits and that the framework document requires a planning inspector to assume that some adverse impact on the landscape is implied in every such application, we can see that the equation is set up to make it far more difficult for the objector to succeed on the grounds of the intrinsic value and unique and precious nature of the landscape, and far easier for the developer to do so every time.

In case any of my hon. Friends listening to me doubts what I say, I shall cite a case study. In an appeal relating to three turbines of 100 metres in height at Dunsland Cross in Torridge, generating a proposed 7.5 MW, the inspector making the decision said that

“within a distance of about 1.5 km of the site the height of the wind turbines, anemometer mast and the movement of the turbine blades would contrast sharply with the form and scale of existing elements of the landscape and the largely unspoilt qualities of the surrounding countryside. This would entail a high magnitude of change to the character of the local landscape and result in a dominant and overtly man-made addition to this rural area…Between 1.5 km and 3 km of the site the form and height of the turbines and the mast, as well as the movement of the turbine blades, would entail a medium-to-high magnitude of change to the predominantly unspoilt rural character of the landscape…this change would be at odds with and harmful to the existing character of the local landscape… At these distances the proposal would be a prominent feature within this part of the countryside and would be very different to the landscape qualities of the local area.”

With so scathing an assessment of the damage to be caused to what the planning inspector described as a valuable landscape, one might assume that it played the decisive and tipping feature in that decision. However, I must report with dismay that the inspector allowed the turbines to be built. Regarding the despoliation of the countryside, he commented that as “some harm” to the character of the landscape is an “inevitable consequence” of renewable energy development, he attached only “moderate weight” to the harm he identified.

Let us examine what that means. The inspector acknowledged that, up to a radius of 5 km from the three 325-foot wind turbines, there would be serious harm to the quality, visual appearance and amenity of the landscape, yet it is said that that harm must be endured for the sake of renewable energy development, the need for which is unproven, and despite the fact that the Government’s target has already been reached. It is said that the harm would be contained within a 5 km envelope, but how many 300-foot turbines does one have to build, and how many envelopes of 5 km in which the damage on the landscape is serious and severe, before eventually, like blisters appearing on someone’s skin, an area of exquisite landscape is permanently and irredeemably harmed? How many pockets of 5 km of serious harm to the landscape does it take to have an overall cumulative impact that ineradicably alters the fundamental character of the landscape?

Torridge is facing dozens of such applications. The last time I consulted the district council, in Torridge alone there were 60 pending applications for wind turbines. How many of those need to be constructed before there are multiple pockets of harm to the countryside?

We need to pause—I urge the Minister to reflect. There are parts of the south-west whose intrinsic character has been severely harmed—on the inspectorate’s own analysis, in this particular case. Why are the applications still allowed? It is because there is an inherent bias in the planning system, which has still not been eradicated despite the good intentions of the Secretary of State for Communities and Local Government. That bias is still active and it still influences planners. I urge the Minister to provide some assurance today so that we do not leave the problem untackled.

It is simply not enough to say, as the Secretary of State announced in July 2013, while introducing planning practice guidance for renewable and low carbon energy, that

“it is important to be clear that…the need for renewable…energy does not automatically override environmental protections”.

I fully accept that he intended that that new document would have the effect of restoring the balance in favour of landscape, or that it would at least even that balance a little, but it does not work. The document explicitly says that

“the need for renewable…energy does not automatically override environmental protections”.

However, the answer that an experienced planner will give someone when confronted with that document is, “Well, it never did.” It was never automatic in any planning decision that the landscape value would be overridden by the need for renewable energy, but there was always an inherent bias in the system towards allowing wind turbine applications, and that inherent bias is not addressed by simply making it clear that the need for renewable energy does not “automatically override” landscape and local concerns, because the planner will simply say, “Well, it never has. We’ve always carried out balancing. It’s just that in that balancing, the hierarchy of values and priorities favours renewable energy.”

What the July 2013 document needed to say was something along the lines of, “The visual impact on valuable landscapes must be considered to be a priority at least equal to the need for renewable energy.” What the document actually said is entirely otiose; it does not address the fundamental problem. I do not wish to downplay the well-meaning and—I have no doubt—convinced opinion of the Secretary of State that what he did was intended and was in practical effect to make a change. The problem I have is that planning departments throughout the south-west do not interpret it as a change. I can tell this House that, for example, Torridge district council’s planning department does not regard the July 2013 document as effecting any significant or substantial change in the planning equation and—as I have sought to identify—there is already an inherent bias in that planning equation. I submit that we as a Government must attempt to do something about that bias.

I fully accept that the Secretary of State’s intention was to do that; I accept that the cutting of the tariff will make a difference; and I also accept that other measures, such as the Secretary of State’s recovering a number of planning appeals, might very well continue to reduce the number of applications. I regret, however, that although the initial effect of the July 2013 document may have been salutary, the number of applications, along with the number of applications that have been granted, continues to rise in Torridge and West Devon, and throughout the south-west, and it is that concern that I ask the Minister to address.

What is going to be done and what can be done to redress the balance in the planning equation? I say to the Minister that throughout the south-west, and I dare say wherever rural communities and others are affected by these applications, there is a genuine and growing sense of frustration. There is a sense of helplessness, as communities realise that, although applications may have been refused by their local planning committee, more often than not those decisions are overturned on appeal. In July 2013, the rhetoric surrounding the publication of the document on planning guidance was ramped up—I must say that to him—to suggest that a substantial departure from existing practice was about to occur, but people’s expectations that that would be the case have not been fulfilled. That is why I say that although what the Government have done is welcome, there is much more to do.

The feed-in tariffs are astonishingly generous. It was recently reported that the introduction of the carbon price floor last year would bring even greater benefits to those who construct wind turbines, and that it would certainly benefit those who had already constructed wind turbines, by 2017. The Minister may not be in a position to help me with that issue, but it is clear that the combination of the bias in the planning system and existing incentives and rewards has led to multiple applications throughout the countryside to build these kinds of wind turbines.

This issue concerns those I represent in Torridge and West Devon—from Dolton to Lifton, and from Brandis Corner to Bradworthy. Communities have come to me in desperation because of what they see as the alien invasion of their homes and their familiar landscapes, which are some of the most exquisite and beautiful in the country. Those communities include business owners who make their living from the tranquil and unspoiled fields and pastures of Devonshire. All the people in those communities feel that their interests are being harmed, and that they do not have a voice. They look to this Government—dare I say that they look to the Conservative party, which traditionally has had the closest affinity with the aim of preserving our countryside and landscape?—for redress. In responding to my speech today, I profoundly hope that the Minister will be able to give those people some comfort that it is the Government’s intention to move in a direction that will suppress at least some of the numbers of these machines that have come to disrupt their lives.

I conclude by saying that this issue is a real and serious one; it will have political ramifications in the south-west. I know that hundreds of people are listening to and following what the Minister will say this afternoon. I also know that they hope he will offer them some comfort, that he will at least acknowledge that this issue is regarded at the highest levels of Government as one that needs resolution and that he will say something to give them the hope for which they desperately yearn.