Argyll and Bute Council Development & Infrastructure Services Committee
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Argyll and Bute Council Development & Infrastructure Services Committee Planning Application Report and Report of Handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 relative to applications for Planning Permission or Planning Permission in Principle Reference No: 15/03057/PP Planning Hierarchy: Major Applicant: Scottish Power Renewables UK Limited Proposal: Erection of 18 no wind turbines (17no. @ 126 metres and 1no. @ 106 metres high to blade tip), formation of access tracks, erection of control building, sub-station and associated compound, 2 no anemometer masts, 5 no borrow pits and associated infrastructure Site Address: Beinn An Tuirc Windfarm Phase 3 Land at Meall Buidhe and south of A'Chruach, west of Saddell, Kintyre DECISION ROUTE Local Government Scotland Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission Erection of 18 no wind turbines (17no. @ 126 metres and 1no. @ 106 metres high to blade tip) with external transformers at the base of each turbine (3m x 2.5m x 2.5m high); Erection of sub-station, control building (18m x 35m) and external compound (45m x 55m) and installation of septic tank; Upgrading and extension of existing access from the A83(T) serving Beinn an Tuirc 1 and 2 wind farms; Formation of on-site access tracks (15km) and 5 No. culverted watercourse crossings; Formation of 19 crane hardstandings (40m x 30m); Erection of 2 No. permanent anemometer masts (70m high) and communications mast; Formation of temporary laydown area (1,600m2), and temporary construction compound with site accommodation and car parking; Installation of on-site underground cabling. (ii) Other specified operations Grid connection to Carradale sub-station (subject to separate Section 37 application); Forestry felling and compensatory planning; Implementation of on-site Habitat Management Plan; Formation of up to 5 No. borrow pit workings (subject to requirement for separate mineral planning consents). (B) RECOMMENDATION: That planning permission should be granted subject to the conditions and reasons set out in this report. (C) CONSULTATIONS: Scottish Natural Heritage (17.12.15 & 03.02.17) – initial response that the Landscape and Visual assessment contains insufficient information for SNH to be able to advise on the cumulative impacts of the proposal (notably the exclusion of the proposed Escairt windfarm from the baseline), particularly in terms of impact on the North Arran National Scenic Area, and accordingly, a holding objection was deployed. Additional information requirements were specified at that stage. The proposal is likely to have a significant effect upon the Kintyre Goose Roosts SPA and accordingly a Habitat Regulations ‘appropriate assessment’ is required to be carried out by the Council. SNH does not however consider that based on the information provided the proposal will affect the integrity of the site. Impacts on other species and habitats have been adequately assessed with suitable mitigation identified. Subsequent response further to production of Further Environmental Information removing the original holding objection relating to the exclusion of Escairt windfarm from the baseline. SNH welcome the reduction in height of two turbines but advise that landscape fit could be improved further. The proposal would result in a more continuous ban of turbines in the southern part of Kintyre as viewed from Arran to the detriment of coastal and upland viewpoints but not to the point where an objection is warranted in terms of impact on the North Arran NSA. The impact on Arran would be compounded by the proposed use of larger turbines than Beinn and Tuirc 1 and 2, and by the sequential effects in combination with Escairt (should that be allowed on appeal), which is proposed closer to the coast. The proposal would introduce turbine visibility into the Rocky Mosaic at Carradale Bay and into the Hidden Glen LCT at Saddell Glen. Significant visual effects would also arise around Lussa Loch, in views from Campbeltown Loch and from the Kilbrannon Sound. It is suggested that further mitigation could be secured by removal of some of the easternmost turbines, notably T37 (but also T39, T36 and T32), and/or consideration should be given to further height reduction. Subsequently the applicants have agreed to the deletion of T37. RSPB (19.01.16) – No objection subject to recommended conditions. Having regard to cumulative habitat loss it is advised that further habitat management in the form of open ground habitat restoration should be required in order to mitigate impacts. It is suggested that circa 40 ha of forestry south of Sgreaden Hill would be appropriate to be included with the 48.2ha of forestry removal indicated in the applicant’s’ intended habitat management plan. Impacts on the Kintyre Goose Roosts SPA are adjudged as being unlikely to be significant. Conditions relative to habitat/ornithology interests are recommended. Transport Scotland (27th February 2015, 11th March 2015 and 15th July 2015) – no objection subject to conditions to: secure approval of the proposed route for any abnormal loads on the trunk road network; secure approval of any accommodation measures required including the removal of street furniture, junction widening and traffic management; and, to ensure acceptable additional signing or temporary traffic control is undertaken by a recognised Quality Assured traffic management consultant. Council’s Area Roads Engineer (09.11.15) – no objection. Historic Environment Scotland (07.12.15 & 09.01.17) – no objection in the absence of any historic environment issues of national significance. West of Scotland Archaeology Service (22.12.15) – no objection in terms of direct impacts or impacts on the settings of historic assets subject to a condition requiring an archaeological watching brief. SEPA (16.12.15 and 20.12.16) - no objection, advice to the applicant provided. Council’s Public Protection Officer (17.12.15) – no objection either individually or cumulatively with other consented wind farm developments. The development is capable of meeting ETSU noise standards which is the accepted approach in terms of government policy. Appropriate noise related conditions recommended. Council’s Flood Risk Engineer (08.12.15) – no objection subject to condition re design of watercourse crossings and surface water drainage. Council’s Access Officer (25.11.15) – No objection. Development affects Core Path C088 and Kintyre Way. Advice to applicant provided re construction period. diversions and path closures. Kintyre Way (04.12.15 and 06.09.16) – initial response objecting to the application on the grounds of visual amenity, landscape impact ,effects on the experience of users of the Kintyre Way and inadequate visualisations. It was also pointed out that the Kintyre Way had not received satisfactory assurance that the route would not be disrupted during the construction process, and that socio-economic impacts have in their view been underestimated by the applicants. Subsequent response further to discussion with the applicants indicating a positive and constructive stance adopted by the applicants who have a better appreciation of the value of the route and have provided reassurance relative to disruption and other impacts, with initiatives identified to be developed jointly between the parties. On this basis the initial objection has been withdrawn. Forestry Commission Scotland (21.12.15) – no objection subject to condition to secure compensatory planting and long term management of the remaining woodland. Forestry Commission Scotland has no objection to the forestry related elements of the proposal subject to condition to secure compensatory planting and long term management of the remaining woodland. Scottish Water (10.01.17) – No objection although Saddell boreholes are vulnerable to pollution form development activity within the Saddell Water catchment and two turbines appear to lie close to or may be within the Saddell catchment, in which case mitigation would be required. Advice to applicant provided. National Air Traffic Services (NATS) (23.12.15) – no safeguarding objection to the proposal. Civil Aviation Authority (CAA) (12.11.15) – no objection, advice re aviation interests provided. Glasgow Prestwick Airport (13.11.15) – no objection. BAA Aerodrome Safeguarding – no response OFCOM Spectrum Licensing (13.11.15) – no objection Highlands and Islands Airports (04.12.15 and 23.01.17) – initial responses that development may infringe safeguarded surfaces for Campbeltown Airport leading to a holding objection pending submission of further information. Further response indicating no objection subject to visible spectrum (i.e. not infra-red) obstacle lighting at hub height on some of the turbines. WS Atkins on behalf of Scottish Water (15th July 2016) – no objection re UHF telemetry links. Ministry of Defence (01.12.15) – no objection. In the interests of air safety the MoD requests that the perimeter turbines are fitted with 25 candela omni-directional red lighting or infrared lighting at the highest practicable point. North Ayrshire Council (08.12.16) – no objection but concerns expressed about the cumulative visual impact of the development in association with Beinn an Tuirc 1 and 2 wind farms, as experienced from Machrie Bay in particular, but also the A841, the Arran Coastal Way and the North Arran NSA. Arran Community Council (05.12.16) –. There are views of support and some of objection