East Lindsey Local Plan 2001 - 2021

CHAPTER 3: ENVIRONMENT

The Policies of this Chapter have been drawn up to satisfy the following objectives:-

• to make sure that no development causes avoidable lasting damage to the environment;
• to protect and conserve areas of natural history, heritage or landscape importance;
• to discourage uses which unnecessarily deplete energy or natural resources and to encourage development which is energy efficient;
• to encourage environmental improvement of towns and villages;
• to maintain and enhance the biodiversity of East Lindsey.

PROTECTING AND IMPROVING THE ENVIRONMENT AND LANDSCAPE CHARACTER

• Policy ENV1 - International Sites of Nature Conservation Importance
• Policy ENV2 - National Sites of Nature Conservation Importance
• Policy ENV3 - Local Sites of Nature Conservation Importance
• Policy ENV4 - Protection of Habitats
• Policy ENV5 - Protected Species
• Policy ENV6 - Woodlands
• Policy ENV7 - Protection of Trees and Hedgerows
• Policy ENV8 - Protection of Open Space
• Policy ENV9 - Lincolnshire Wolds Area of Outstanding Natural Beauty
• Policy ENV10 - Areas of Great Landscape Value
• Policy ENV11 - Coastal Conservation Areas
• Policy ENV12 - Renewable Energy
• Policy ENV13 - Wind Energy

3.1 The environment is one of the three main elements of sustainable development. The wider environment is affected by almost all human activities and these issues must be tackled at the local as well as national or international level.

3.2. The following five objectives have been set for the protection and enhancement of the countryside and environment generally:-

• to make sure that no development causes avoidable lasting damage to the environment;
• to protect and conserve areas of natural history, heritage or landscape importance;
• to discourage uses which unnecessarily deplete energy or natural resources and to encourage development which is energy efficient;
• to encourage environmental improvement of towns and villages;
• to maintain and enhance the biodiversity of East Lindsey.

3.3 Changes in agriculture, settlement growth and other activities within the District have led to a decline in species numbers in the East Lindsey over the last 50 years. The planning system has an essential role to play in balancing the need for economic growth with the effective conservation and enhancement of wildlife and natural features. As well as providing an attractive physical environment, nature conservation has an important role to play in social and economic well-being. There are currently 44 sites in the district that are protected at national level or above. Some of these sites are protected by several designations.

3.4 The Lincolnshire Biodiversity Action Plan (BAP) was produced in 2000 and East Lindsey District Council is a signatory to it. The Lincolnshire BAP forms part of a national initiative to provide action plans for the nations most threatened and declining species and habitats. The actions highlighted in the BAP include activities relating to development and the planning process. The Council will apply the policies of the Plan to help assist the objectives of the Lincolnshire BAP.

 Policy ENV1 - International Sites of Nature Conservation Importance

a) there is no alternative solution; and

b) there are imperative reasons of overriding public interest for the development.

3.7 Development, which affects these designated areas, must pass the most stringent tests. In the first instance, it should be proved that the development cannot be provided in any other location, or in any other way. Secondly, it must be demonstrated that there are imperative reasons of overriding public interest why the development should take place. The Habitat Regulations set out a procedure by which, in addition to the Local Authority, the Government (and in cases affecting a priority habitat for species, the European Commission) may consider whether the overriding public considerations should apply. The Government considers that the following guiding principles will be used for determining whether imperative reasons of overriding public interest are demonstrated:-

• a need to address a serious risk to human health and public safety,
• the interest of national security and defence,
• the provision of a clear and demonstrated direct environmental benefit on a national or international scale,
• a vital contribution to strategic economic development or regeneration,
• where failure to proceed would have unacceptable social and/or economic consequences.

3.8 When considering cases against these principles, in general, projects of national importance are most likely to be judged as having imperative reasons of overriding public interest. Important regional projects may also be judged as such, while it is less likely projects of a more local nature would be considered to override the nature conservation value of the site.

Policy ENV2 - National Sites of Nature Conservation Importance

Where development is permitted the Council will use conditions or planning obligations to ensure the protection and enhancement of the site’s designated interest.

3.10 Nationally designated sites also include National Nature Reserves (NNRs). There are four such reserves in East Lindsey, at Gibraltar Point and the Saltfleet -Theddlethorpe Dunes, Donna Nook and the Bardney Limewoods. Such a designation requires that they are primarily used and managed for nature conservation purposes.

3.11 Where the site is a national nature reserve or a site identified under the National Conservation Review (NCR) or Geological Conservation Review (GCR) particular regard will be paid to the individual sites national importance.

3.12 The Council is required to consult English Nature on all applications for development that appears to affect an SSSI and substantial weight will be given to the response when a decision is made.

Policy ENV3 - Local Sites of Nature Conservation Importance

In all cases where development is permitted which would damage the nature conservation value of the site or feature, such damage will be kept to a minimum, and the Council will use conditions and/or planning obligations to provide appropriate compensatory measures.

3.14 The Sites of Nature Conservation Importance (SNCIs) are sites of countywide or regional nature conservation importance due to their natural state, size, rarity, diversity, fragility or typicality and have been identified by the Lincolnshire Wildlife Trust and English Nature. Whilst they do not have the status of SSSIs, they have an important nature conservation role that deserves protection. Similarly, sites that are regionally important for their geological or geomorphological, educational or research value have been identified as Regionally Important Geomorphological Sites (RIGS). New designations of SNCIs and RIGS will be reported to the Council and shall then fall within the terms of Policy ENV3.

3.15 The Council will seek local specialist advice of the Wildlife Trust on locally important Sites of Nature Conservation Importance when considering applications which affect them.

Policy ENV4 - Protection of Habitats

Where development is permitted, recreation or enhancement of the habitat, or mitigation for the loss of habitat and enhancement of the site will be secured through planning conditions, legal agreements or unilateral undertakings.

3.17 The destruction of a habitat leads to the loss of those species that are dependant upon it. East Lindsey cannot afford such losses of wildlife especially when it often tenuously exists in scattered and isolated locations. The impact on a habitat will vary depending on the type of habitat and the nature and extent of development proposed. In determining the potential harm proposed by development, the Council will take advice from recognised nature conservation bodies e.g. RSPB, English Nature, the Lincolnshire Wildlife Trust etc.

3.18 Development can often provide an opportunity to increase and improve important habitats. The Lincolnshire BAP is a valuable resource for developers in seeking further information.

Policy ENV5 - Protected Species

a) the development is of overriding public interest;

b) there is no satisfactory alternative; and

c) the harm is not detrimental to the overall population of the species.

Where development is permitted, the Council will, through the use of planning conditions and/or obligations, seek to ensure the protection of the species and its habitat.

3.20 The effects of development on a protected species may take various forms. It may directly affect a protected species or directly degrade or damage its habitat so that it is no longer able to reside there. It may be indirect, creating disturbance within or adjoining the site to such an extent that the viability of the habitat or species is significantly harmed.

3.21 Legislation relating to the protection of species places the onus on the owner/developer to ensure that there is no harm done to a species or its habitat. When the Council is alerted to the possible presence of a protected species on a potential development site, it will provide information and assistance to the developer to establish whether or not such a species is present and whether an ecological survey of the site needs to be carried out. Where it is suspected that a protected species may be present, the applicant should inform the Council as soon as possible. Pre-application discussion will help the application process and may prevent unnecessary time and expense to the applicant.

3.22 Before the Council would look favourably at an application affecting a protected species, it must be satisfied that the development is in the wider public interest, in terms of public health, safety or other reasons that are sufficient to outweigh the importance and integrity of the site for nature conservation. It will also need to be satisfied that all reasonable alternative locations and/or layouts, designs and methods of operation have been explored, which may prevent harm to the species or its habitat. Finally, the Council will consider evidence regarding the degree of impact on the species, in relation to maintaining a population of the species at a level that facilitates its ongoing conservation status. The Council will require sufficient information to be submitted with the planning application to assess the current ecological value of the site, and the impact of the development. This will require the applicant to submit an ecological assessment of the site. The Council will be guided by English Nature in its assessment of the information submitted.

3.23 Where permission is granted for development affecting a protected species, the Council will use planning conditions and/or planning obligations to ensure the protection of the species and its habitat. The nature of the conditions will vary depending on the site involved and nature of the development. Measures will include those to facilitate the survival of the population, reduce disturbance to a minimum and /or provide adequate alternative habitats to sustain/enhance current levels of the population.

Policy ENV6 - Woodlands

a) includes acceptable proposals for replanting, management or future use of the land; and

b) does not adversely affect ancient and semi-natural woodlands.

3.25 It is important that woodlands are properly maintained and, wherever possible, added to. Opportunities should be taken to protect and widen their existing functions. In particular, improved access by the use of access agreements would allow more local people to experience what for many is presently a forbidden area. Coniferous plantations superimposed on to an established landscape, be it fen, marsh or wold, can greatly upset the balance and appearance of the area. Broadleaved woodland is generally more ecologically beneficial and adaptable in the longer term. The Council wishes to encourage such additional planting, wherever appropriate, in conjunction with existing and new commercial softwood plantations.

3.27 In particular, the Council will encourage land owners to take advantage of the various woodland planting and management incentive and grant schemes, which are available, including those from the Forestry Authority.

  Policy ENV7 - Protection of Trees and Hedgerows

A Tree Preservation Order will be made where trees of amenity value are threatened by development.

Where development is permitted, conditions will be attached to the planning consent to ensure the protection of trees and hedgerows of significant value.

3.30 Development can threaten trees in a number of ways, including lowering the water table, severing or constricting root spread and ground disturbance. Other threats are indirect. Houses positioned too close to trees can often result in them being felled later on for safety or daylight reasons. These are matters that will be taken into account at the planning application stage and may provide a reason for refusing development. Where development is permitted and the removal of trees is unavoidable, the Council will require, through the use of planning conditions, the replacement of trees and hedgerows on at least a one-for-one basis. More detailed guidance can be found in the Council’s Supplementary Planning Guidance entitled “Trees and Development”.

3.31 Where healthy and sound trees of outstanding amenity value are threatened with the possibility of felling, damage or inappropriate pruning, the Council will consider serving a Tree Preservation Order (TPO). This prohibits the cutting down, topping, lopping or wilful destruction of the tree without the Council's consent. In certain situations a Forestry Authority licence will also be required. The Council will use the Halliwell system to assess trees considered for protection under a TPO. This is in addition to the felling licence from the Forestry Commission, which is normally required to fell growing trees.

3.32. A more complete guide to the Council's policy on the making and implementing of TPOs is contained in the Council's document "Tree Preservation in East Lindsey". Trees in Conservation Areas also qualify for special protection similar to the protection of Tree Preservation Orders. The Council has produced Supplementary Planning Guidance on Trees and Development and will impose conditions on a planning consent where it is necessary to protect existing trees and hedgerows and, where appropriate, to ensure their future maintenance.

3.33 The Hedgerow Regulations, which came into force in 1997, seek to protect certain hedgerows from removal. The Council must be given six weeks notice of a proposal to remove these hedgerows and action can be taken against those who remove them without permission. Not all hedgerows are covered by the Regulations; such as those on the boundaries of domestic properties. The Department of Transport, Local Government and the Regions has produced a simplified guide, entitled “Protected Trees – A Guide to Tree Preservation Orders”, setting out the criteria that have to be met.

  Policy ENV8 - Protection of Open Spaces

On sites not identified on Inset Maps, development will only be permitted on open spaces provided significant harm will not be caused to their appearance, character or their role in:

a) preventing the coalescence of settlements;

b) providing the setting for Listed or other important historical buildings, scheduled ancient monuments or other amenity features;

c) providing an important amenity element in the street scene;

d) framing or enabling an important view;

e) providing a buffer between non- complementary uses;

f) comprising or providing the setting for important historical, natural or geological features;

g) providing a well defined demarcation between the edge of a settlement and the countryside;

h) providing a well defined visual relief in an otherwise built up frontage.

3.36 Other sites may exist whose significance has not yet been assessed, or is yet to emerge. Applications for development on such sites will be judged against these same criteria. In the event of a development proposal being made on such a site the Council will consider whether it should be afforded the same level of protection. In some circumstances an open space or frontage may be so significant as to prevent any development of the site. The Council shall not compromise the aim of providing housing for local need and has compensated for any loss of potential "infilling" housing plots resulting from policy ENV8 by the allocation of housing sites elsewhere within, or on the edge of, settlements.

3.37. In PPG17 (Sport and Recreation) and PPG3 (Housing), the Government attaches great importance to the retention of amenity open space, particularly in settlements. Open space, whether or not there is public access to it, contributes much to the quality of life in towns and villages. Allotments are such an example of land that has both community-use benefit and amenity value. Once built upon it is likely to be lost to the community forever.

Policy ENV9 - Lincolnshire Wolds Area of Outstanding Natural Beauty

i) harm the distinctive character of the area; or ii) inhibit the quiet enjoyment of the AONB.

B. The following development will not be permitted in the AONB unless it is essential in the national or wider public interest and cannot be located elsewhere :-

i) major or large scale development;

ii) exposed hilltop or 'skyline' development;

iii) telecommunication development, unless it complies with Policy EC10;

vi) large scale formal recreation uses, or those which attract large numbers of visitors;

v) development involving the significant loss of road verges and hedgerows.

In addition, in its role as consultee, the Council will oppose overhead power lines in excess of 11kV in the AONB unless they cannot be located elsewhere.

C. Where development proposals in the AONB conform to other policies of the Plan, they will not be granted planning permission unless they have demonstrated how their layout, design, materials, scale, siting and appearance have taken account of and enhance the locally distinctive characteristics of the AONB landscape, settlements or buildings.

3.39 PPG7 (The Countryside – Environmental Quality and Economic and Social Development) stresses that the environmental impact in the AONB will be a major factor when considering development proposals. At the same time the Council will encourage the Wolds to develop as working landscapes and communities. New development, which is necessary for the local economy or the social or recreational welfare of the Wolds communities , shall be accommodated provided it does not harm the distinctive character of the Wolds. Particularly important is the need to promote sustainable forms of social and economic development which, in themselves, conserve and enhance the environment. The promotion of recreation is not an aim of AONB designation, but the demand for recreation should be met if it does not conflict with the aims of conservation and enhancement.

3.40 Because of the sensitive nature of the countryside and settlements in the Wolds, proposals for development will be required to show how they have taken account of, and enhanced, the character of the area. Development proposals in the AONB will be considered in relation to their respect for the character and setting of the area by reason of their form, scale, proportions, siting, grouping, materials, boundary treatment and integrated landscaping.

3.41 It would be against the aims of AONB designation to allow major development in the area, be it minerals, housing, industrial or commercial. Only proven national interest and the lack of suitable alternative sites will justify an exception. Before supporting proposals for mineral extraction the Council would also need to be satisfied that the harmful effect on the landscape could be moderated and the land reinstated before any justification could be made “in the public interest”.

3.42 When looking across a rolling countryside of contained views and discreetly nestling villages and hamlets, protruding hilltop or skyline development can be most unsightly and visually intrusive. It is important that such locations are avoided and new development fits into the landscape without being obtrusive or spoiling the character of the area. The Council will, in its role as consultee, promote the undergrounding of overhead power lines wherever practicable. The Council will normally oppose proposals for the erection of overhead lines of 132kV or higher voltage. Where lower voltage lines present an excessive intrusion into the landscape they also will be opposed. For such lines, the electricity company proposing the line will need to demonstrate that the route and design has the least visual impact on the landscape. The Council also considers that existing telecommunications masts should provide the location for any additional requirements where technically feasible.

3.43 Road improvement schemes that remove hedgerows or verges or detract from the 'country lanes' character should also be avoided except in cases essential for safety, and all road proposals should seek to minimise their impact on the landscape and its features and, where possible, include measures to enhance the local landscape.

3.44 The Council is a lead partner in the Wolds Countryside Service and will continue to pursue practical landscape improvements, community initiatives, countryside management projects and an environmental awareness programme through the implementation of the Wolds AONB Management Plan and Wolds Interpretation Strategy.

Policy ENV10  - Areas of Great Landscape Value

a) harm the character of the area, by its siting, scale, appearance and materials; or

b) detract from the character of the neighbouring AONB, including views into and out of the AONB.

3.46 For ease of identification, the boundary of the AGLV follows definable features on the ground, but in applying Policy ENV10, the Council will take account of the gradual transition from very sensitive landscape in and alongside the AONB to the less sensitive landscape on the outer edge of the AGLV. Development in the AGLV will be considered in relation to its respect for the character and setting of the area by reason of its form, scale, proportions, siting, grouping, materials, boundary treatment and integrated landscaping. Development within the AGLV may also affect the neighbouring AONB by its massing, scale and design and may have an impact on views into and out of the AONB. Similarly, there may be other impacts, such as noise, that may affect the quiet enjoyment of the AONB.

  Policy ENV11 - Coastal Conservation Areas - CCA1, CCA2 and CCA4

Where permitted, development shall not materially harm the amenities, landscape character or ecological interest of the area because of its siting, scale, form, appearance, materials, noise or fume emissions or traffic generation.

• CCA1 - Tetney to Mablethorpe
• CCA2-Sutton on Sea to Chapel St. Leonards
• CCA4 - Skegness to Friskney

3.48 The coastline of East Lindsey falls into two main types:-

a) From Tetney to North Mablethorpe (CCA1) and South from Skegness (CCA4) where the foreshore is being extended in area and raised in height by the deposition of sea mud, sand, shingle and wind-borne sand which in turn leads to the advancement outwards of the coastline. The coastline here contains extensive mud-flats, salt marshes and dunes of international wildlife interest.

b) The central section from Sutton on Sea to Chapel St Leonards (CCA2) is an eroding coastline characterised by sandy beaches and dunes. Partly because the sea is closer and more accessible, this area is the focus of holiday activities.

3.49 CCAs 1 and 4 contain the most remote and sensitive habitats and landforms in the coastal area and includes the Saltfleetby-Theddlethorpe dunes and the edge of The Wash - both being of great ecological importance. Here the need to protect their special qualities generally overrides the opportunity to develop visitor and tourism facilities or other new built development.

3.50 In CCA2 small-scale car parking, toilets and picnic areas would be considered only where there are suitable accesses to the beach from a county road and where the particular qualities of the area would not be harmed. Uses not essential to such a location or those that are more than a minor development connected with an existing use shall generally be refused planning permission.

3.51 Former CCA3, between Chapel St. Leonards and Ingoldmells, was introduced to prevent the coalescence of these two settlements. Other policies are now being used to achieve this aim. As Lincolnshire County Council was the authority that designated these areas, CCA3 was removed from the Structure Plan at its last review.

3.52 Planning Policy Statement 7 (PPS7-draft) - Sustainable Development in Rural Areas - states that the Government does not believe that local countryside designations are necessary, and that the approach in the PPS, when incorporated in development plans should be sufficient to protect the countryside. It states that, in reviewing development plans, planning authorities should remove any such designations and instead adopt criteria based policies for the location and design of development. The first review of the East Lindsey Local Plan will have to consider all the local designations currently incorporated in the Local Plan, if this element of the PPS is carried through into the adopted version, and Coastal Conservation Areas are one of these, along with the Area of Great Landscape Value.

Coastal Management

3.54 The Regional Planning Guidance (RPG8) requires that Local Authorities and other agencies should identify arrangements for effective co-operation to manage the Lincolnshire Coast. In the best interests of the common theme of coastal management, it is important that all participants work towards the same or complementary goals. Whether it is a matter of protection of landscape, rare species or threatened habitats, dunes stabilisation, visitor interpretation facilities, tree planting, pollution control or sea defences, a co-ordinated management policy would produce more effective results and less risk of coastal deterioration. The preparation of such a coordinated policy will be explored as resources permit. Preliminary work has already been undertaken, with the creation of a Coastal Forum looking at issues along the coast and this will be evolved further. A consortium of Local Authorities and other statutory authorities for the Humber and Wash Estuaries has already drawn up Management Plans.

Renewable Energy

3.56 The Government is committed to reducing the UK’s carbon dioxide emissions by 20% to 2020 and 60% by 2050. From the Kyoto agreement, the UK also has a commitment to meet 10% of electricity requirements through renewables by 2010. Its policy now is to stimulate greater use of renewable energy sources wherever they appear to be economically attractive and environmentally acceptable and the Government’s planning guidance on renewable energy is set out in PPG22. Renewable energy is the name used to cover forms of energy that occur naturally and are readily replaced. This includes energy from the sun, wind, water (including waves and fall) and the earth. But, it also includes other combustible of digestible material such as energy crops or agricultural waste. Examples of renewable energy are:

• active solar - use of solar panels to collect heat for hot water, swimming pools etc,
• photovoltaic cells - using solar radiation to stimulate and generate an electric current,
• wind
• biomass - converting crops or agricultural waste into power by gasification, pyrolysis, combustion or anaerobic digestion,
• hydro,
• landfill gas,
• combined heat and power.

3.57 A balance needs to be struck between national objectives, which in turn help to meet international objectives on global warming, and the need to protect and local landscapes and environment. Proposals need to be carefully assessed to ensure any potential costs are not so significant as to outweigh the benefits. Larger scale proposals and proposals on sensitive sites may well require an Environmental Assessment.

 Policy ENV12 - Renewable Energy

a) landscape quality;

b) sites or features of importance for nature conservation;

c) sites or buildings of historic, cultural or archaeological interest; and

d) residential amenity.

3.59 The Council will also take into account the locational requirements of different types of renewable energy production. Some are footloose and can be directed towards less sensitive locations. Other forms of production have a specific siting requirement due to the nature of the energy source. Only development that must be located in the countryside because of the nature of the power source, or because it is a small-scale unit providing power to a dwelling, farm or rural enterprise would be permitted there. Development that does not have these special locational requirements should be located within or alongside centres of population to minimise the effects of distribution and its impact on the landscape and, where appropriate, should have direct access to the strategic road network in order to facilitate the delivery and removal of fuel and waste products. Interest in renewable energy sources in East Lindsey has not been high but is growing, particularly for wind power and, at the time of writing, there are two wind turbines in operation at Mablethorpe.

 Policy ENV13 - Wind Energy

a) the number, siting, scale, design and size of the turbines, or associated grid connection, does not have an unacceptable impact on landscape character, either individually or when assessed cumulatively with existing or proposed development;

b) it does not lead to significant nuisance from noise, shadow flicker or electromagnetic interference;

c) it does not cause significant harm to sites of importance for nature conservation or other features of historic or cultural importance;

d) connection to the electricity distribution network is available; and

e) the proposed development would be sited more than 500metres away from any sensitive existing or planned land use. (An exception to this criterion would be made for small scale projects serving a local enterprise or community).

The Council will attach planning conditions to any planning permission for wind turbines to ensure:-

1. the total restoration of the site at the end of the working life of the turbines, including the removal of the turbines, plant and transmission lines;

2. that if any turbine ceases to be operational for a continuous period of at least six months, it shall be removed and the land restored to its former condition;

3. the blades of all turbines rotate in the same direction;

4. construction of the turbines does not begin until all details of ancillary works, including connection to the National Grid, sub-station siting and design, access roads, and on- site and boundary landscaping have been submitted to and approved by the Council;

5. any mitigation measures required in connection with noise attenuation, shadow flicker, radar or electro- magnetic interference, landscape protection and habitat protection have been agreed in writing with the Council before any development is commenced on site.

3.61 The Council will request the submission of an Environmental Statement (ES) where there are likely to be significant impacts from the development, as set out in the planning regulations. The Council will assess the level and scope of detail required, based on the individual circumstances of each application, following usual procedures set out in the regulations. However, this will always require a comprehensive assessment of the development, including the site selection process, with a general description of the development, including design, layout, capacity, noise, and decommissioning. An outline of the characteristics of the site, including flora, fauna, geology, and landscape character, along with wind characteristics, nature conservation and historic features and settlement patterns will be required to provide a baseline description for the proposed location. This should the lead on to an analysis of the potential impacts of the project. The ES should also include mitigation measures where these will address the impacts identified.

3.62 All wind turbine development proposals will have an impact on the landscape, but it is the degree to which the landscape can accommodate the development that is a greater determining factor. The Council will expect to see a rigorous assessment of the suitability of the site in landscape terms, included in the site selection process. The council wishes to ensure that, as interest in the development of wind turbines increases, they do not dominate the landscape of the District and that, if development were permitted, the landscape would be one that includes turbines rather than creating a wind turbine landscape. Therefore, it is important that proposals for wind turbines are judged in relation to any other sites, existing or proposed. This includes applications that are live within the planning or appeal system, awaiting a decision.

3.63 The ES will need to include a landscape character assessment. Substantial work was carried out by the Countryside Agency and English Nature in assessing the character of England based landscape, wildlife and natural features. This should help in seeking to identify the elements that make up the landscape and how the proposals would be affected by it. It may also help in seeking to ameliorate some of the impacts through the layout and design of the development to work with the grain of the local landscape or features around the site; including buildings and other vertical elements within the landscape. The Council has carried out a District Wide Landscape Character Assessment. The impact of development on the landscape will differ according to the quality and status of the landscape. The assessment will, therefore, form an important material consideration in judging application for any major development on the landscape character of the District. Understanding of the appearance of the turbines in the landscape would be aided by the use of photo-montages from a range of viewpoints, and these should be agreed with the Council.

3.64 Wind energy can only be developed where there are sufficient levels of wind available, the level at which this is viable changes as technology has advanced. In East Lindsey, wind speeds along the coastal strip have created the most interest for exploiting this resource. Although Government guidance does not currently permit wind speed, or other assessments of technological viability, to be used as a determining factor in a planning application, the Council wishes to be satisfied that, at the time of the application, there is reasonable justification to grant an exception to normal planning policies for development of the countryside, which require there to be an essential and overriding need for development to be located there.

3.66 Even where the principle of development has been approved, no development will be allowed to take place until a detailed landscaping scheme has been submitted to and approved by the Council. This shall include details of both hard and soft landscaping works, finished ground levels, means of enclosure, surfacing materials, refuse provision, signs and lighting, together with a planting plan showing the type and number of species to be planted and details of a planting and replacement programme. The scheme shall show all existing trees and hedgerows on the land, and details of those to be retained, together with the measures for their protection in the course of development.

3.67 Currently, turbines have a life expectancy of approximately 25 years. After which time the turbines should be removed from the site. However, the working life of the turbines may come before that predicted by the developer, due to a number of factors. Therefore, the Council will, through the use of planning conditions, establish the point at which the turbines will be deemed to have ceased operation, and will condition their removal and the total restoration of the site. This may relate to the individual turbines, or part or whole of the site, depending on the extent to which the site has become redundant.

3.68 The developer shall afford access at all reasonable times for an ecological survey by a suitably qualified person or body to determine the presence of any protected species on the site. If any are found, development shall cease until a scheme to mitigate any harm has been submitted to and approved by the Council. This scheme may include measures to prevent the site from becoming an attractive feeding ground for protected species of predatory bird.

3.69 Before any development is approved, a scheme to satisfactorily alleviate the incidence of shadow flicker at any affected premises shall be submitted to and approved by the Council. This scheme shall include details of the siting of photocells and the measures to control, reorientate or shut down particular turbines, as well as any of the landscaping and screen planting. In the event of unforeseen shadow flicker occurring following the development of approved turbines, the offending turbine shall be shut down and the blades remain stationary until the conditions causing the shadow flicker have passed.

3.70 Development will not be approved unless a scheme to secure the investigation into, and alleviation of, any electro-magnetic interference to TV and radio reception, caused by the turbines, has been submitted to and approved by the Council, should such an investigation be necessary.

3.71 Noise emissions from the site (as measured by L[A90,10mins] in field-free conditions) at any dwelling in existence prior to the development, shall not exceed the greater of 35dB(A) or 5dB(A) above the background noise level during the day and evening (07.00hrs to 23.00hrs) and shall not exceed the greater of 43dB(A) or 5dB(A) above background noise level during the night (23.00hrs to 07.00hrs). Permission will not be granted until a scheme detailing the measures to be taken to ensure these maximum noise levels has been submitted to and approved by the Council.

3.72 The Council recognises that there may be proposals for small individual turbines to serve an individual dwelling, business enterprise or educational facility. Although these proposals will have to be assessed against the same general criteria as all other turbine proposals, as set out in policy ENV13 and other relevant policies of the Plan, the Council will take account of the small scale and localised impact of these proposals in making its assessment.

3.73 The Council will prepare Supplementary Planning Guidance to better inform developers and the general public on how it will deal with planning applications for wind turbines. This will be published separately from the local plan and will be incorporated into it at its first review.