February 2011 Update

As most of our supporters now know the Cotton Farm Appeal was upheld by the Inspector and npower have their permission to build at Cotton Farm. This is despite massive public opinion against the project, the unanimous decisions of our MP’s and all our local councillors at Parish, District and County levels. It is also against the much publicised Government statements for local people to have control of planning decisions in their areas.

The Action group and Parishes (CFA) hired a leading law firm to assess the Inspectors report to see if it could be appealed in the High Court. The CFA were stunned to find, in law, we cannot fight it. This is despite the inspector acknowledging errors and mistakes were made by npower in their documents and throughout the appeal. He rejected all this evidence and decided, under planning law and Government Policy, local and national, to allow the windfarm to be built.

The HDC policy document, called Wind Power Special Planning Document (WP-SPD) was the main problem. The inspector agreed with npower in his decision that the WP-SPD specifically states a windfarm could be placed in the area where Cotton Farm is. The HDC’s refusal of the npower plan at the Determination in November 2010 was based on an English Heritage letter stating the windfarm would have an adverse impact on Toseland Hall. This refusal was largely turned over by npower by them simply arguing, ‘The HDC’s own WP-SPD states there is room for a small development of 2 to 12 turbines in the South Claylands area.’ The inspector referred to this document many times in his decision.

The action groups and parishes (CFA) argued on many other issues at the appeal and exposed many faults and errors regarding noise, visual impact, local amenity, etc. Many were acknowledged by the inspector as being valid and, at another appeal (or with another inspector) might have tipped the balance in turning the appeal down. CFA proved again and again the npower evidence, especially on noise, was flawed. These, alone, could have formed the basis of an appeal. However, with no reference to these other subjects in the determination document and, coupled with the heavy weight of the WP-SPD, trumped all arguments. Combining this with the temporally reinstated National RSS policy the balance, in the Inspectors mind, was to approve the windfarm and left us with no room to directly appeal the decision.

This decision is particularly galling for Graveley. This is the nearest village to the windfarm site and, being downwind likely to be the most damaged village of all. Being in South Cambs, the Graveley residents have no say, vote or influence over HDC or its planning policies. The Graveley residents have been let down most of all.  How SCDC will help mitigate the residents to this injustice remains to be seen.

The current role of CFAG and the CFA is over. We fought and lost.  We have done all we can to stop this very damaging development. We do recommend a monitoring group should be set up by local people to insist on professional, independent civil engineers assistance, paid for by both HDC and/or SCDC, to enforce all elements of the conditions of build. Npower will make mistakes and will want to alter the plans. The monitoring group must stop this and hold npower to account on every single element of construction and supply; and to ensure the Councils do their job as well. Npower used unethical methods the raise background noise thresholds. All breaches of noise levels should be prosecuted under nuisance law as suggested by the inspector. Permanent and independently controlled monitors should be set up to provide this evidence. We also hope new legislation and a political reality of windfarm blight and damage will still stop this development. Individuals in CFAG and the Parishes will probably assume new roles and continue the fight along other lines at local and national levels.

We thank you, the residents, for your support. We do have a lot of sympathy for the many people who have tried to sell their homes and are likely to be exposed to noise and possible health problems if the turbines are built.

Finally, we expect to hold some functions to raise money to pay for the post decision legal fees. We are also to hold an AGM meeting on the 17th Feb in Graveley village Hall at 7:30PM. This will bring everyone up to date with further information. All are welcome.

Bev Gray. Chair

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