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You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Goring-On-Thames Parish Council v South Oxfordshire District Council & Anor [2016] EWHC 2898 (Admin) (17 November 2016) URL: https://www.bailii.org/ew/cases/EWHC/Admin/2016/2898.html Cite as: [2016] EWHC 2898 (Admin) |
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QUEEN'S BENCH DIVISION
PLANNING COURT
Strand, London, WC2A 2LL |
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B e f o r e :
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GORING-ON-THAMES PARISH COUNCIL |
Claimant |
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- and - |
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(1) SOUTH OXFORDSHIRE DISTRICT COUNCIL (2) THE ENVIRONMENT AGENCY |
Defendants |
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- and - |
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GORING AND STREATLEY COMMUNITY ENERGY LIMITED |
Interested Party |
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Mr. Jeremy Pike (instructed by South Oxfordshire District Council) for the 1st Defendant
Hearing dates: 9 November 2016
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Crown Copyright ©
Mr Justice Cranston:
Introduction
Background
The planning application
"[A]dverse effects of high significance on visual amenity would be experienced mainly by river users travelling upstream and pedestrians viewing the river from the B4009 road bridge. In order to mitigate for the adverse impacts on these visual receptors, the colour of the hydropower plant and the control building would be sympathetic with the local landscape and the existing weir structure."
"[I]t is appreciated that mechanical noise is substantially different from that of rushing water noise and transmits at higher frequencies. Therefore individual acoustic covers will be place[d] over all three drive trains to reduce the noise within 1m by at least 20dBA. This would result in a sound pressure level at the lock-house of no more than 47dBA and at the nearest residence on the Goring bank of just 30dBA, both of which are inaudible above the existing ambient sound levels at each location".
"Ultimately there will be some alteration to the character of this part of the river and the contribution it makes to the Conservation Area. If there is harm, it is certainly less than substantial as the special character and appearance of Goring that warrants its designation will not be completely lost. As such, where there is harm, the Local Authority should be satisfied that it is outweighed by the public benefits of this scheme as per paragraph 134 of the NPPF. I therefore suggest that either a redesign of the building or evidence that the most sympathetic design has been proposed should be obtained to inform the decision."
"It is recognised that the project is within the Goring conservation area and the view from the road bridge has played a significant part in determining details of the final design.
The form of this scheme is dictated by its function, and as with the lock at Goring, there is little that can be done in some areas to hide the concrete structure. The troughs in which the Archimedes screws rotate, and the screws themselves are of steel construction and could be painted almost any colour that may be required. The proposed colour scheme is neutral, adopting the natural colour of concrete and the grey paint of the existing hardware associated with the lock and the weir."
The revised Design and Access Statement also contained some paragraphs on the implications for the Goring conservation area.
"Recommendation:
My recommendation remains unchanged. I support this application and consider the amendments further mitigate the visual impact of the proposal. The harm is less than substantial and subject to other planning considerations, should be outweighed as per paragraph 134 of the NPPF."
"The proposal has been amended such that the visual impact of the proposal on the character of the Streatley Conservation Area has been much reduced. I therefore have no objections."
In her witness statement of 14 June 2016 the Council's planning officer has said that West Berkshire's conservation officer had considered the potential for impact on the setting of listed buildings, in particular the Swan Hotel, and had not considered the scheme to be harmful or significant.
"However it had been stated previously that noise levels would not truly be known until the installation was running, which raised further concerns so [Councillors] were still not reassured by this assessment."
As well as the possible detrimental impact on fish and the weir pools, Goring Parish Council reiterated that still no formal visual impact assessment had been prepared.
The officer's report and the decision
"The visual impact of amended proposal has a much reduced impact on the Streatley Conservation Area – no objections".
The Council's own conservation officer supported the revised application:
"[T]he amendments further mitigate the visual impact of the proposal."
Its environmental protection team also supported approval: any potential noise issues could be addressed satisfactorily by imposing conditions prior to installation, with a detailed acoustic report, including mitigation measures.
"6.3vi Notwithstanding the landscape importance of the AONB and the special landscape character of the river corridor, the proposed development should be viewed in the context of the existing weir structure and is not considered to have an adverse effect on its visual appearance, over and above that of the existing weir.
The report, which considers the original proposal rather than the revised proposal, recommends that in order to mitigate the impact on highly sensitive areas, the colour of the hydropower plant and the control building would be sympathetic to the local landscape and the existing weir structure. The revised scheme minimises the impact on visual amenity further, by virtue of the control systems being removed from over the weir, and reducing the height of the proposed structure over the weir. Further to this point, a schedule of materials, finishes and detailing would be required by condition to ensure the finishes harmonise with the local landscape and the existing weir structure."
"6.5iii Ultimately there will be some alteration to the character of this part of the river and the contribution it makes to the Conservation Area. The revised plans have reduced the visual impact of the weir construction on the river and the proposed Control Hut is of a design and scale that it would not look out of place as an ancillary garden structure to the Lock House. The Conservation Officer at West Berkshire Council has also assessed the impact of the revised proposal on the Streatley Conservation Area and has raised no objections. In order to mitigate visual impact further, a schedule of materials, finishes and detailing is recommended, which would be secured by condition."
"6.7iii The condition would require the applicant to carry out a Noise Impact Assessment in accordance with BS 4142:2014 'Methods for rating and assessing industrial and commercial sound', by a suitably qualified acoustic consultant and testing in a variety of water flows. In the event that noise levels exceed standards levels, the applicant would be required to submit appropriate mitigation before the first use of the scheme. Noise attenuating features (principally the acoustic covers, insulation of building) are bespoke to the equipment installed, but noise reducing measures can be designed to achieve any reasonable level of attenuation that is required and the measures are of a small enough scale that they would not introduce further planning considerations.
Subject to a detailed condition, the noise impact associated with the development can be satisfactorily managed to the extent that the residential amenity of neighbouring dwellings would be safeguarded."
"integrat[e] the visual appearance of the development with the existing weir structure, and to minimise impact on visual amenity of the sensitive landscape character of the area in accordance with Policy CSEN1 of the South Oxfordshire Core Strategy 2027 and Policies C3, C4 and D1 of the South Oxfordshire Local Plan 2011."
"No development shall take place until a detailed scheme for protecting the surrounding area from noise arising from the development hereby permitted has been submitted to and approved in writing by the local planning authority. The scheme shall include an acoustic report produced broadly in accordance with BS 4142:2014 'Methods for rating and assessing industrial and commercial sound'. Thereafter, the development shall not be carried out other than in accordance with the approved details.
The acoustic report shall be prepared by a competent person with a detailed knowledge of acoustics. It is recommended that an acoustic consultant qualified (as a minimum) to be an associate member of the Institute of Acoustics carry out this work. A list of accredited consultants can be found on the Institute of Acoustics' website www.ioa.org.uk or by telephoning 01727 848195.
Reason: To protect the occupants of nearby residential properties from loss of amenity due to noise disturbance and in accordance with Policy EP2 of the South Oxfordshire Local Plan 2011."
"By virtue of the scale, layout and design of the development, the hydropower scheme is not considered to be harmful to the special landscape character of the Area of Outstanding Natural Beauty or the river corridor, as amplified by the Visual Impact Assessment.
The impact on the historic merits of the Conservation Area and effect on visual amenity constitutes less than substantial harm, which is outweighed by the public benefit of the renewable energy generation and through the use of the existing water source. Subject to detailed information to be submitted for approval by condition, the scheme does not present planning issues with respect to ecological and environmental protection, flood risk and noise emission.
Subject to conditions, the proposal accords with the [National Policy and Planning Framework] (2012) and National Planning Practice Guidance (2014), South Oxfordshire Core Strategy (2012), South Oxfordshire Local Plan (Saved policies, 2011) and the South Oxfordshire Design Guide (2008)."
Legal and policy framework
"132. When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset's conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification. Substantial harm to or loss of a grade II listed building… should be exceptional…"
Section 134 of the NPPF states that where a proposal will lead to less than substantial harm to the significance of a designated heritage asset, the harm should be weighed against the public benefits of the proposal.
"The primary purpose of designating an area of countryside as an AONB is to conserve and enhance the natural beauty of its landscape. In this sense, the term 'natural beauty' refers not only to the scenic qualities of the landscape but to all those other elements which together produce the special character of the AONB. These elements include wildlife and man-made features such as its archaeological and built heritage."
A chapter of the management plan is devoted to the historic environment. The text to policy HE3 provides that the historic environment is irreplaceable and damage must be avoided, especially where the site's importance has been identified and protection conferred by some form of designation. Additionally, it is the setting of many sites which adds to their importance and the way they are appreciated. Policy HE9 provides:
"The Chilterns has an extraordinary cultural heritage covering the historic environment and all that makes it special: a wealth of literary and military figures; the aristocracy; poets; religious leaders; politicians; innovators and notable business people all of whom have left their mark on the Chilterns. It is an essential ingredient of what makes a place different and is crucial to develop a sense of identity and local pride. It also provides a plethora of opportunities to promote the area to attract visitors and tourists."
"special attention… to the desirability of preserving or enhancing the character or appearance of [a conservation] area".
Issue 1: Impact on the AONB
Issue 2: Impact on listed buildings
Issue 3: EIA screening opinion
Conclusion