Agenda THE HIGHLAND COUNCIL 5.7 Item

SOUTH PLANNING APPLICATIONS COMMITTEE Report PLS/030/15 19 May 2015 No

15/01404/PAN: Nanclach Ltd Tom Nan Clach Wind Farm, Glenferness, Nairn

Report by Head of Planning and Building Standards

Proposal of Application Notice

Description : Extend time duration of Tom Nan Clach Wind Farm from 3 to 5 years.

Ward : 19 - Nairn

1.0 BACKGROUND

1.1 To inform the Planning Applications Committee of the submission of the attached Proposal of Application Notice (PAN).

1.2 The submission of the PAN accords with the provisions of the Planning etc. (Scotland) Act 2006 and was lodged on 13 April 2015. Members are asked to note this may form the basis of a subsequent planning application.

1.3 The following information was submitted in support of the Proposal of Application Notice:  Site Location Plan  Layout Plan; and  Application Notice which includes:  Description of Development; and  Details of Proposed Consultation

2.0 DESCRIPTION OF PROPOSED DEVELOPMENT

2.1 The development comprises of:

 17 wind turbines with tip-height of 110m;  Access tracks;  Turbine foundations and transformer plinths and enclosures;  Electrical substation;  Borrow pits;  Permanent anemometer mast; and  Temporary site construction compound.

2.2 The proposal is an application to preserve the current planning permission on the site for a 17 wind turbine development that was granted on Appeal on 14 June 2013 (09/00439/FULIN). No development has commenced.

2.3 It is unusual to receive a PAN for an application such as this, which is limited to consideration of time limits only, since most applications will have by now gone through the formal pre-application process introduced by the 2006 Act. The Tom Nan Clach scheme was however submitted just before the introduction of this formal process.

3.0 SITE DESCRIPTION

3.1 The wind farm site lies approximately 8km to the north-east of the nearest settlement of Tomatin, 14km south of Cawdor and 16km north-west of Grantown- on-Spey (Figure 1.1). The application site forms part of the upland land holdings of Cawdor Estate, an area used principally for grouse shooting, although part of the application site, required for the access track, is owned by the neighbouring Lethan Estate.

3.2 The proposed wind farm and access track lie within the catchment of the River Findhorn. The wind farm site includes several small watercourses; Allt a Choire Buidhe, Caochan a Ghibhais and Allt a Choire that 1.5km flow north-west to the Findhorn and the Allt Carn an t-Sean Liathanaich and Allt an t-Slugain Mhoir, tributaries of the Rhilean Burn, that flow north to the Findhorn 8km upstream. The access track crosses the Rhilean Burn, Leonach Burn and the Tomlachan Burn which all drain to the north. The predominant habitat on the site is blanket bog, a priority habitat under the EC ‘Habitats’ Directive.

3.3 There are no statutory natural heritage designations on the site. However, parts of the site, for example those adjacent to the principal watercourses, are likely to support otter which is a European Protected Species (EPS). In addition, the habitat is likely to support breeding peregrine, golden plover and merlin, which are protected under the EC Birds Directive, as well as providing foraging for hen harrier.

3.4 There are a number of statutory designated sites in the wider area (i.e. within 10 km of the proposed wind farm):

Carn nan Tri-Tighearnan Sits of Special Scientific Interest (SSSI)/Special Area of Conservation (SAC) (NH 83292 38819) is the nearest statutory designated site for nature conservation and is approximately 1.3 km to the north-east of proposed wind farm and 2 km to the north-east of the proposed access track. The qualifying interests of the site are Blanket Bog and upland habitats including sub-alpine dry heaths;

Slochd SAC (NH 82159 27049) is approximately 7.5 km south of the wind farm and 9 km south of the access track. The qualifying interests of the site are European Dry Heath;

Kinveachy Forest SSSI, Special Protection Area (SPA) and SAC (NH 85744 17432) (NH849 169) is approximately 12 km to the south of the wind farm and

13.5 km south of the access track. The qualifying interests of the site is Capercailllie;

Cawdor Wood SSSI (NH84882 48667) is situated approximately 12 km to the north of the wind farm and 10.5 km north of the access track;

Moidach More SSSI/SAC (NJ 03452 41634) is approximately 16 km north-east of the wind farm and 8 km northeast of the access track;

The Allt A'Choire SSSI lies approximately 500m from the access track. This has been designated for its geomorphology value;

Findhorn Terraces SSSI, the highest set of river terraces in Scotland, is approximately 1 km from the nearest wind turbine and approximately 1.4 km from the proposed access track.

3.5 The site lies within the Drynachan, Lochindorb and Dava Moor Special Landscape Area (SLA).

3.6 There are five scheduled monuments within 10km of the development that the proposed turbines would be visible from; Edinchat (Cairn) 4.5km to the south- west, Soilsean (township and hut circle) 7.5km south south-west and Alltlaoigh (farmstead) 6.5km to the south-east, Burnside Bridge approximately 8km to the north-east and Lochindorb Castle situated within Lochindorb approximately 8km to the south-east. There are three Inventory garden and design landscapes sites with 35km; Cawdor Castle, Leys Castle and Castle Grant.

3.7 The boundary of the National Park is approximately 6 km south-east of the site.

4.0 DEVELOPMENT PLAN POLICY

4.1 The following policies, while relevant, have not changed since the grant of planning permission and are therefore unlikely to be a major influence on the assessment of the proposal when submitted:

Highland-wide Local Development Plan 2012

4.2 Policy 28 Sustainable Development Policy 29 Design, Quality and Place Making Policy 31 Developer Contributions Policy 51 Trees and Development Policy 55 Peat and Soils Policy 56 Travel Policy 57 Natural, Built and Cultural Heritage Policy 58 Protected Species Policy 59 Other Important Species Policy 60 Other Important Habitats Policy 61 Landscape Policy 63 Water Environment Policy 67 Renewable Energy Developments

• Natural, Built and Cultural Heritage • Other Species and Habitat Interests • Landscape and Visual Impact • Amenity at Sensitive Locations • Safety and Amenity of Individuals and Individual Properties • The Water Environment • Safety of Airport, Defence and Emergency Service Operations • The Operational Efficiency of Other Communications • The Quantity and Quality of Public Access • Other Tourism and Recreation Interests • Traffic and Transport Interests Policy 72 Pollution Policy 77 Public Access

Inverness Local Plan (As Continued in Force) April 2012

4.3 The general policies and land allocations of the Local Plan pertinent to this application have been superseded by the policies of the Highland-wide Local Development Plan.

Adopted Supplementary Planning Guidance

4.4  Flood Risk and Drainage Impact Assessment: Supplementary Guidance (January 2013);  Highland Historic Environment Strategy: Supplementary Guidance (March 2013);  Sustainable Design Guide: Supplementary Guidance (January 2013);  Trees, Woodlands and Development: Supplementary Guidance (January 2013); and  Highland Statutorily Protected Species: Supplementary Guidance (March 2013).

5.0 POTENTIAL MATERIAL PLANNING CONSIDERATIONS

5.1  Planning History;  Highland Renewable Energy Strategy;  National Policy;  Roads and Transport;  Water (including private water supplies), Flood Risk, Drainage and Peat;  Natural Heritage;  Built and Cultural Heritage;  Design, Landscape and Visual Impact (including Cumulative impacts), Wild Land;  Access and Recreation;  Economic Impact and Tourism;  Noise and Shadow Flicker;  Telecommunications;  Aviation;

 Construction;  Other Relevant Planning Documents including but not limited to:  Onshore Wind Energy: Interim Supplementary Guidance (March 2012);  Highland Renewable Energy Strategy (HRES) (May 2006);  Scottish Government Planning Policy (June 2014);  National Planning Framework for Scotland 3 (June 2014);  PAN 56 – Planning and Noise;  PAN 58 – Environmental Impact Assessment;  PAN 60 – Planning for Natural Heritage;  2020 Routemap for Renewable Energy;  Onshore Wind Turbines; and  Wind Farm developments on Peat Lands.  Any other material considerations within representations.

5.2 Again, however, it is worth noting that the majority of these material considerations will have been taken into account in the original assessment and will not have changed significantly. The principal changes will likely be confined to the topics of the Council’s Interim Supplementary Guidance, Wild Land and Peat.

6.0 CONCLUSION

6.1 The report sets out the information submitted with the PAN. Summarised are the policy considerations and material planning considerations that the extant planning permission has been assessed against. While further matters may arise during the processing of the proposed application, in the light of public representations and consultation responses, Members should be aware that the level of assessment required for this proposal is likely to be limited specifically to any changes in policy (statutory and non-statutory) since the original grant of planning permission.

7.0 RECOMMENDATION

7.1 It is recommended the Committee notes the submission of the PAN and advises of any material issues it wishes to be brought to the applicant’s attention, notwithstanding the limited nature of issues that may be most relevant in this case.

Designation: Head of Planning and Building Standards Author: David Mudie, Team Leader - Development Management Background Papers: Documents referred to in report and in case file. Relevant Plans: Plan 1 - Location Plan Plan 2 – Site Layout (SITELAYOUT\01)

PROPOSAL OF APPLICATION NOTICE MOLADH BRATH IARRTAIS

The Town and Country Planning (Scotland) Act 1997 as amended by the Planning Etc. (Scotland) Act 2006 Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008

The Council will respond within 21 days of receiving the Notice. It will advise whether the proposed Pre-application Consultation is satisfactory or if additional notification and consultation above the statutory minimum is required. Please note that a planning application for this proposed development cannot be submitted less than 12 weeks from the date the Proposal of Application Notice is received by the Council and without the statutory consultation requirements having been undertaken. The planning application must be accompanied by a Pre-application consultation report.

Applicant: Nanclach Ltd Agent:

Address: 16 West Borough Address:

Wimborne

Dorset, BH21 1NG

Phone No. Phone

E-mail E-mail

Address or Location of Proposed Development Please state the postal address of the prospective development site. If there is no postal address, please describe its location. Please outline the site in red on a base plan to a recognised metric scale and attach it to this completed Notice

Tom nan Clach Wind Farm is located approximately 8 km north-east of Tomatin, on the Cawdor Estate in Nairnshire.

Description of Development Please include detail where appropriate – eg the number of residential units; the gross floorspace in m² of any buildings not for residential use; the capacity of any electricity generation or waste management facility; and the length of any infrastructure project. Please attach any additional supporting information.

Proposal to extend the duration of the existing Tom nan Clach Wind Farm consent (a wind farm development of 17 x 2.3MW turbines 110m tip height and associated infrastructure) from 3 to 5 years. Pre-application Screening Notice

Has a Screening Opinion been issued on the need for a Proposal of Application notice by the Highland Council in respect of the proposed development?

If yes please provide a copy of this Opinion.

Yes, attached.

Community Consultation

State which other parties have received a copy of this Proposal of Application Notice.

Community Council/s

 Cawdor and West Nairnshire CC  East Nairnshire CC  Strathdearn CC  Carrbridge CC  Dulnain Bridge CC  Grantown on Spey CC

Date Notice Served: Same date as issue to The Highland Council

Other Parties: The Dava Residents Association

Please give details of proposed consultation

Proposed public event Venue Date and time Community Open Days: Strathdearn Old Hall, Tomatin 9 June 2015, 2-7pm The Mound, Cawdor 10 June 2015, 2-7pm Carrbridge Village Hall 11 June 2015, 2-7pm

Newspaper Advert – name of newspaper Advert date (where known) Inverness Courier 29 May/ 5 June 2015 Strathspey and Badenoch Herald 28 May/ 4 June 2015 Nairnshire Telegraph 26 May/ 2 June 2015

Details of any other consultation methods (date, time and with whom):  Newsletter outlining plans comprising Community Open Days invitation and comment card circulated to 850 households within the community council areas up to one month prior to the open days;  Project website with feedback mechanism; and  Ongoing attendance at Community Council meetings where appropriate.

Signed Date 13 April 2015 Figure 1: Proposed Development Location Plan

Legend: ¯ Indicative Development Boundary

0 70 140 km

Title: Proposed Development Location Plan

Project: Tom nan Clach Wind Farm Extension

Source: Contains Ordnance Survye data © Crown copyright and database right 2014.

Client: Infinergy

Drawn by: Checked: RT AR

Date: Figure: 16/07/2014 1

Scale: Revision No: 0 1.5 3

km 1

Scoping Report - Tom nan Clach Wind Farm Extension - June 2014 Figure 1 Shingle Dunearn Lodge Torgarrow

Tor Burn Ponds

Shingle Track Track Drain Track

Drain Track River Findhorn

Track Shingle Shingle Pond Ford Dunearn Lodge Shingle Shingle Streens Lynemore Track Drain Track Knockandhu River Findhorn Drain Shingle Meur Shingle Track Drain Track Track Meadhonach River Findhorn Shingle Track

Shingle Drain Track Knockandhu Pond

Tor Burn Drain

Track Ford Well Pond Shingle Ford Shingle

Ford Ford Pond

Track Pond

Sheep Dip Shingle Caochan Amair River Findhorn Ponds

Streens Shingle FB

Pond Bheoil Grouse Butts Track Collects

Meur

BM 254.89m

Track Tomlachlan Burn MS Field System

Shingle Track Drain Drain Track

Grouse Butts Waterfall Tomlachlan

Drain Old Military Road

Drain

Drain

Grouse Butts

Cistern Drain

Waterfall Pheasantries Pond

Shingle Caochan Amair Drain Ponds

Leonach Burn

Ponds Carn Beag Shingle Pond

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Grouse Butts

Shingle

Drain

Ponds Track Carn an Uillt Bhric Pond Waterfall 599m

Waterfall Drain

Pillar (OS) Allt Ruadh

B Pond Shingle B 9007 Pond Maol an Tailleir Ford

Pond Shingle

Ponds Rhilean Burn Shingle Shingle

Ford Shingle Track Shingle Track Shingle Shingle Ponds

Shingle Allt a' Bhreabadair Battanmaceachain Ponds Shingle

Creag a' Bhothain Shingle

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Waterfall Field System Allt Breac Cairn Ford Track (remains of)

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Grouse Butts

Shingle Grouse Butts Shingle Grouse Butts Ford Grouse Butts Ponds

313m

Ford Shingle Carn Mor

Grouse Butts Track Shingle Cnoc a' Chinn Leith Shingle Pond Grouse Butts Ford BM 312.57m 313m

Shingle Ford Shingle

Shingle Shingle Grouse Butts Grouse Butts River Shingle Path Findhorn Ford

Old Military Road

Shingle Streens Pond Loch Dubh Ford Grouse Butts Shingle

Shingle Caochan a' Ghaill Cairn

Ford A Shingle

Track

Shingle Shingle Shingle Shingle Tomlachlan Loch Winter

Pond 311m Ford Ford Ponds Burn Ford BM 310.32m Ponds Cnoc an t-Sidhein Pheasantries Shingle Pond

Cairn

Pond Grouse Butts Shingle Ford Caochan na Fearna

Allt a' Pond

Track Ballaggan Burn Shingle

Choire Pond

Poll Beag

Pond Track Grouse Butts Ponds Ponds

Shingle 239m Shingle Leonach Burn Ford

Shingle Shingle Ford Carn na Sguabaich Track

Track FB Grouse Butts Allt Bad an Iasgair Shingle Ford Ponds Shingle Ballachrochin Ford 241m C Cairn

Track Pit Rhilean Burn Drain

242m Caochan a' Track

Ghiubhais Pond Shingle Track Path (um) Grouse Butts Carn Mor Shingle

Shingle Stone Grouse Butts

Pond 241m Shingle Ponds Stone Rhilean Kincraig D Grouse Butts Pond

Shingle Drain Ponds Allt Pond Lag Liatre Coire Buidhe t-Slugain Bhig Allt a' Choire Allt a' Mhuilinn 243m Allt an Grouse Butts

Streens

Track Sand Pit Shingle F Glac Buidhe Bhuidhe E Ford Grouse Butts An Sgor 242m Shingle Grouse Butts

River Findhorn Torr an Eas Shingle Ponds

BM 243.17m

Grouse Butts Allt a' Choire Shingle Shingle

Shingle

Shingle Grouse Butts Pond Bhuidhe Shingle Shingle 6 Shingle 245m Coire Buidhe Stone Quarry Fords

Shingle

16 Carn Bad nan Clachan Shingle 10 Eastern Cairn Shingle Shingle

247m

Allt Carn an Allt an t-Slugain Mhoir Path (um) t-Sean-liathanaich borrow Pit (disused) Grouse Butts 3 7 Track pit 11 Shingle Grouse Butts Allt Meatan Allt Shingle Shingle Central Grouse Butts a' 14 Choire 17 Pond

borrow Shingle Ford Odhair Bhig

1 Drain Shingle Carn a' Gharbh-ghlaic Shingle Carn nan pit Shingle Ford 4 Clach Garbha 8 Shingle Knockdhu Grouse Butts

Sand Sand

Sand Drain Grouse Butts 2 12 Allt Meatan Tom nan Clach Caochan Tom nan Clach Drain Allt an t-Slugain Mhoir Sand Ponds

Sand Sand Pit Sand Pit 15 Drain Issues Fords Grouse Butts

Sand

Tomlachlan Burn 5 9 Sand

Track Badnonan 13 Sand Ford Sand

Drain Ford Drain Ponds Carn nan Clach Garbha Drain Grouse Butts Ford Drain Shingle Grouse Butts Shingle Track Carn Torr Mheadhoin Allt Mor Ford Leonach Burn Drain Drain Coire Fliuch Ford Drain Sand Sand Sand Drain Ford Sand Shingle Pond Grouse Butts Shingle Sand

Shingle Sand Key Leonach Shingle Sand Shingle Shingle Shingle FB Metmast Turbine hardstanding Allt Bad an Staing Pond 6 Shingle Turbine

Drain Site compound and batching plant Pit Drain Borrow working 351m

Shingle Substation, control and maintenance building Drain Ford

Drain Allt Carn an t-Sean-liathanaich Access track (existing forestry track - upgraded)

Shingle Track Access track (new stretch) Ford Drain Drain Forestry Road Gleann Seileach Pond Internal track (non floating) Internal track (floating)

Drain

Drain Passing place Planning application red line Watercourse crossing locations A,B,C...

Glentarroch Burn

Caochan Gortach Allt Seileach BM 343.95m Gleann Seileach

Shingle Allt Laoigh Ford This plan has been prepared by Track Forestry Road Coire Carn an t-Sean-liathanaich C.D.T Meall Beag Drain Wessex House, Wimborne, Dorset, BH21 1PB Allt Seileach Alltlaoigh Dunloskin Wood Allt a' Choire Odhair Bhig Telephone: (01202) 856800 Allt a' Choire Odhair Mhoir Fax: (01202) 856801 Ford Stone

Drain Client 354m

Track Grouse Butts Infinergy

Carn Gleann an Tairbhidh FORESTRY ROAD Drain

Tom nan Clach wind farm Carn an t-Sean-liathanaich Ford Drain Grouse Butts Drawing Title Grouse Butts Proposed site layout Grouse Butts BM 363.17m Drain 363m Scale Date Tk Tk Meall Mor Quarry Pond Drain 1:10,000 08/05/09 Pond when printed at 1100mmx800mm A' Chlach-ghlas Cnapan Beaga Job No. Drawing No. Rev. Forestry Road Track Track 370m Ponds Grouse Butts Grouse Butts Coire Odhar Beag Pond WIPL93260 SITELAYOUT\01 D Ponds Sabhal Spring Grouse Butts Allt Gaineamhach Allt an Daimh an Searsanach File Path F:\CDT_vol1\dB\Documents\Infinergy\TOM NAN CLACH\SITELAYOUT