CC2 clause 2

The policy wording in relation to criteria a on section one is unclear and over-simplistic in relation to 'substantial' and 'less than substantial harm', contrary to the NPPF.

The approach taken towards identifying potential areas for wind energy developments within section two of Policy CC2 is not based upon sufficiently robust evidence. The Landscape Sensitivity to Renewable Energy in Harborough District study, July 2016 does not consider heritage assets. Indeed the areas which have been identified as being suitable for such developments may result in harm to a number of Harborough's most important designated heritage assets and hence render the policy incompatible with the NPPF's core principles of sustainable development and specifically paragraph 126.

Paragraph 007 of the Planning Practice Guidance for Renewable and low carbon energy, states that "great care should be taken to ensure heritage assets are conserved in a manner appropriate to their significance, including the impact of proposals on views important to their setting:" The approach proposed does not reflect this.

Not only is the policy incompatible with the NPPF, it takes no account of the requirement of S.66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 for Local Planning Authorities s to have special regard to the desirability of preserving listed buildings or their setting. The Court of Appeal judgement in the Barnwell Manor wind farm case highlighted the legal duty to demonstrate special regard in wind farm cases. The duty under S.72(1) to pay special attention to preserving the character or appearance of conservation areas would also apply.

Consequently, it is considered that the approach of Policy CC2, its supporting text and the map shown in Figure A.4 is unsound for the following reasons:-

(1) The identification of specific areas as being suitable for wind energy development is not based upon a sufficiently robust evidence base

(2) The areas which have been identified for wind energy development could lead to pressure for such developments in locations which would be likely to result in harm to a number of Harborough's most important designated heritage assets. Consequently, the approach to the identification of specific areas as being suitable for wind turbine developments does not demonstrate that the plan is setting out a "positive strategy for the conservation of the historic environment" as is required in the NPPF.

The policy is not adequately addressed within the Sustainability appraisal.