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Planning and Environmental Appeals Division Report to the Scottish Ministers SECTION 36 OF THE ELECTRICITY ACT 1989 AND SECTION 57 OF TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 Report by David Buylla and Claire Milne, reporters appointed by the Scottish Ministers Case reference: WIN-140-4 Site Address: Whitelaw Brae, south of Tweedsmuir, Scottish Borders Application by Whitelaw Brae Wind Farm Limited Application for consent (section 36 Electricity Act 1989) and deemed planning permission (section 57 Town and Country Planning (Scotland) Act 1997) The development proposed: construction and operation of Whitelaw Brae Wind Farm Dates of inquiry / hearing sessions: 23 August to 1 September 2016 Date of this report and recommendation: 17 August 2017 Planning and Environmental Appeals Division 4 The Courtyard, Callendar Business Park, Falkirk, FK1 1XR DX 557005 Falkirk www.gov.scot/Topics/Planning/Appeals CONTENTS Page Summary Report 3 Preamble 15 Abbreviations used in the report 16 Chapters 1. Background 17 2. Policy Context 25 3. Landscape and visual effects including effects on wild land 39 4. Forestry effects 59 5. Cultural heritage effects 62 6. Socio-economic effects 74 7. Battery storage 83 8. Other matters 84 9. Proposed conditions 85 10. Overall conclusions and recommendations 87 Appendices Appendix 1: Note of pre-examination meeting 94 Appendix 2: Schedule of documents 95 Appendix 3: Appearances 96 Appendix 4: Inquiry session (Policy matters) 97 a. inquiry statements b. precognitions Appendix 5: Inquiry session (Landscape and visual effects including effects on wild land) 98 a. inquiry statements b. precognitions Appendix 6: Inquiry session (Cultural heritage effects) 99 a. inquiry statements b. precognitions Appendix 7: Socio-economic effects 100 a. inquiry statements b. precognitions Appendix 8: Inquiry session (Battery storage) 101 WIN-140-4 Report 1 a. inquiry statement b. precognition Appendix 9: Hearing session (conditions) 102 a. proposed conditions b. minute of agreement under section 75 of the Town and Country Planning (Scotland) Act 1997 Appendix 10: Written representations made to DPEA 123 a. further written submissions by the parties b. responses by consultees to requests made by the reporters c. representations made regarding Further Environmental Information d. other representations Appendix 11: Closing submissions 124 WIN-140-4 Report 2 Planning and Environmental Appeals Division Summary of Report of Inquiry into application under section 36 of the Electricity Act 1989 and deemed application for planning permission under section 57 of the Town and Country Planning (Scotland) Act 1997 (as amended) The construction and operation of Whitelaw Brae Wind Farm at land south of Tweedsmuir, Scottish Borders Case reference WIN-140-4 Case type Application for consent (section 36 Electricity Act 1989) and deemed planning permission (section 57 Town and Country Planning (Scotland) Act 1997) Reporters David Buylla and Claire Milne Applicant Whitelaw Brae Wind Farm Limited Planning authority Scottish Borders Council Other parties Tweedsmuir Community Council, Ettrick and Yarrow Community Council Upper Tweed Community Council, Scottish Natural Heritage, Historic Scotland, The John Muir Trust, The Mountaineering Council of Scotland Date of application 11 December 2014 Date case received by DPEA 20 November 2015 Method of consideration and date Inquiry sessions on 23, 24, 29, 30 and 31 August 2016 Hearing session on 31 August 2016 Date of report 17 August 2017 Reporters’ recommendation Subject to completion of a unilateral undertaking, grant Electricity Act consent and deemed planning permission. The Site The site covers an area of approximately 820 hectares. It lies approximately three kilometres to the south of the hamlet of Tweedsmuir. The site contains a number of small hills, ranging in height from 395 metres Above Ordnance Datum (AOD) to 553 metres AOD. Land cover at present is unimproved rough pasture and forest plantation. Some tree felling would be required in order to implement the proposal. Vehicular access would be via the A701. Description of the Development It is proposed to erect 14 wind turbines, each with a hub height of 80 metres and a blade tip height of up to 133.5 metres. Ancillary development would include substation and control room buildings and an associated compound, underground electrical and communication WIN-140-4 Report 3 cables to each turbine, onsite access tracks (1.15 kilometres of upgraded existing tracks and 11.59 kilometres of new tracks) incorporating four new water crossings including of the River Tweed, one temporary and one permanent 80 metre meteorological masts, up to four borrow pits and two temporary construction and site storage compounds. The development would also incorporate on-site battery storage, which would incorporate two battery storage units with a combined capacity of 4 megawatts and one inverter / transformer unit. The power output of the proposal (excluding the battery storage element) is estimated to be 50.4 megawatts. Consultations and Representations Tweedsmuir Community Council objects to the proposal due to a proliferation of wind farms along the Tweed valley over the past 15 years, because the application would be much closer to the core wild hills than existing development and would adversely affect the only Wild Land Area in south-eastern Scotland, and because it would be harmful to tourism and local wildlife. Ettrick and Yarrow Community Council contends that there are already too many wind farms in this area and that Scottish Government targets have been met - so there is no need for further wind farm development. Upper Tweed Community Council states that the proposal would be environmentally detrimental and very noticeable from the main A701 road, which is signposted as a scenic tourist route into Edinburgh. The site is in an area of Great Landscape Value and the proposal would compromise this. The community council is concerned over impacts on tourism and cultural heritage, and is concerned over the impact of pylons should this proposal be approved. Scottish Natural Heritage (SNH) is concerned that the proposal could adversely affect the River Tweed Special Area of Conservation and points out that Scottish Ministers should undertake an appropriate assessment of the likely effects on this asset. However, it is satisfied that appropriate conditions could overcome any concerns, including those it has raised with regard to Black Grouse. With regard to landscape and visual effects, SNH has not objected to the proposal. However, it has raised concerns over effects on the Talla- Hart Fell Wild Land Area and the wider local landscape, and the adverse landscape and visual impacts, including cumulative impacts, that would be experienced from the A701, which it regards as a key transport route. Historic Environment Scotland (HES) originally objected to the proposal due to a significant adverse impact on the scheduled monument and property in care of Scottish Ministers, known as Hawkshaw Castle and its setting. However, it subsequently withdrew that objection following amendments to the layout of the proposal. The John Muir Trust (JMT) objects to the proposal due to the cumulative and landscape impact of the proposed development, particularly in connection with the Talla- Hart Fell Wild Land Area. WIN-140-4 Report 4 The Mountaineering Council of Scotland (MCofS) believes the proposed development, within the Tweedsmuir Uplands Special Landscape Area (SLA), immediately alongside an area of substantial mountaineering interest – the Tweedsmuir Hills (part of which is the Talla-Hart Fell Wild Land Area) would have severe landscape and visual impacts and would diminish the local tourist and recreation resource. Marine Scotland notes that the River Tweed, into tributaries of which the site drains, is a Special Area of Conservation (SAC) and that salmon is a primary reason and lamprey a qualifying reason for this designation status. The River Tweed is also designated as a Site of Special Scientific Interest (SSSI), furthermore, salmon, trout and lamprey are UK Biodiversity Action Plan species, listed as priorities for conservation. However, it has no objections, subject to the developer adhering to certain stipulations during construction and when replanting felled trees. The Scottish Rights of Way and Access Society (ScotWays) objects to the proposal on grounds of the visual impact on recreational amenity generally and the cumulative visual impact of wind farm developments in the area. Particular concern is expressed over effects on walkers within the Talla- Hart Fell Wild Land Area. VisitScotland notes the importance of Scottish tourism to the economy, and of Scotland’s landscape in attracting visitors to Scotland. It strongly recommends that any potential detrimental impact of the proposed development on tourism should be assessed using an independent tourism impact assessment. All other consultees have raised no objections, subject to conditions. Scottish Borders Council’s Case The site is in the south western part of the very extensive Southern Uplands with Scattered Forest: Broadlaw Group landscape character area (“LCA”). It falls within the Tweedsmuir Uplands Special Landscape Area and is located to the north west of, and is contiguous with, the Talla–Hart Fell Wild Land Area (WLA) at its very north-west point. This part of the Broadlaw Group LCA is currently free of any substantial wind farm development, with wind farms consented only to
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