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DEVELOPMENT MANAGEMENT COMMITTEE Report By DEVELOPMENT MANAGEMENT COMMITTEE Report by Development Management Manager 1 DESCRIPTION Planning permission for the erection of a 34m high (80kw) wind turbine at Cathlawhill Farm, Near Torphichen. 2 DETAILS Reference no. 0471/FUL/10 Owner of Mr Andrew Gibbs site Cathlawhill Farm Torphichen EH48 4NW Applicant Mr Andrew Gibbs Ward & Linlithgow Cathlawhill Farm local Cllr Conn Torphichen members Cllr Day EH48 4NW Cllr Kerr Case officer Esme Clelland Contact Tel: 01506 775 223 details Email: [email protected] Reason for referral to Development Management Committee: Cllr Kerr referred the application to committee at the request of the applicant. 3 RECOMMENDATION 3.1 Refuse planning permission 4 DESCRIPTION OF THE PROPOSAL AND PLANNING HISTORY 4.1 Planning permission is sought for a 34metre (to tip) wind turbine on land to the east of Cathlawhill Farm, Near Torphichen. The proposed turbine would have a tubular tower approximately 1 metre in diameter. The tower would be 25m to the centre of the rotor, with 2 blades and a rotor diameter of 18m. The turbine would have a potential output of 80kw. The application states that the lifetime of the turbine will be 25 years after which time the land would be reinstated. 4.2 The site is on a steeply sloping, north facing field, currently used for grazing cattle. The position of the proposed turbine is approximately 200m east-north-east of the applicant's Cathlawhill Farm, which is the nearest residential property. The site is within the countryside and the Bathgate Hills Area of Great Landscape Value as designated in the West Lothian Local Plan. The summit of Cairnpapple Hill, and the Cairnpapple henge scheduled monument, is 368m to the south-south-east. The applicant has stated that the base of the proposed turbine would be at a height of 266m above ordnance datum (AOD) and the summit of Cairnpapple is 312m AOD; therefore the summit would be approximately 46m higher than the base of the turbine. There is an established tree belt approximately 95m south of the site, further up the slope of the hill. To the north the hill continues to slope steeply to a minor road 1 leading to Torphichen and Linlithgow. To the east of the field is a plantation of young deciduous trees, to the west, the hill slopes toward Cathlawhill Farm and woodland. 4.3 The application states that the proposed turbine is to provide an income stream to subsidise the ongoing creation and maintenance of woodland and public footpaths that is being undertaken by the applicant. 4.4 A visual impact assessment, planning supporting statement and ecological assessment was submitted with the application. After considering the information submitted, the applicant was asked to submit additional information specifically addressing the impact on Cairnpapple scheduled ancient monument, which was provided. 4.5 The visual impact assessment (VIA) includes photomontages and wirelines from 7 viewpoints towards the proposed turbine and a zone of theoretical visibility for a 15km radius around the site. The assessment identifies that the impact of the proposed turbine on the view from Cairnpapple (VP1) and from B792/ Cathlaw Lane (VP7) are major and significant. From Cockleroy hill (VP2) the impact was considered to be moderate and significant and from the remaining viewpoints; negligible and not significant. It is important to note that the VIA incorrectly states that Cairnpapple is 500m from the turbine site, it has since been clarified that the distance is in fact 368m. 4.6 The planning statement discusses the background to the proposal for the turbine and why the applicant wishes to undertake the development. It also discusses some of the relevant planning policies, locally and nationally. It should be noted that the Scottish planning policies referred to in this documents were revoked in February 2010. 4.7 The ecological assessment gives the findings of an onsite walkover survey carried out in May 2010. The report concludes that the potential for any significant negative impact on the ecological interest of the area around the site is considered to be low and any potential negative impact on European protected species is minimal. 4.8 Temporary planning permission was granted for 5 years for a 50m high wind turbine on the site in 1990 (reference 0815/90). A condition was attached requiring that the land should be remediated after its removal. This has not been done and the substation and concrete base remain adjacent to the current proposed site. 4.9 A radio mast was erected to the south west of Cairnpapple in 1955 and renewed in 1973. In 1986 a 60m mast was granted and the others were removed, this mast remains approximately 150m southwest of Cairnpapple summit. The mast has a very significant visual impact over a wide area, adding to the importance of undisturbed views. 4.10 Cairnpapple Hill prehistoric ceremonial complex was first scheduled in 1935 and comprises a henge, or ritual enclosure, of Neolithic date with activity focusing between 5000BC and 1400BC. Henges such as this one formed the focus for extensive ceremonial activity in prehistory, including the construction of timber buildings and enclosures, human burial, and ritual deposition. Cairnpapple is an extremely important cultural and historic site that is protected at a national level and by local plan policies. The ancient monument at Cairnpapple Hill attracted some 2600 paying visitors in 2009. From the summit of Cairnpapple a commanding view of extensive parts of central Scotland and beyond are afforded in a westerly and northerly direction. The topography to the south of the turbine means that the turbine would be a partially visible feature in this panorama. 2 5 PLANNING POLICY ASSESSMENT 5.1 The development plan comprises the approved Edinburgh and the Lothians Structure Plan 2015 (ELSP) and the West Lothian Local Plan (WLLP). The following documents are also relevant: . Scottish Historic Environment Policy - Historic Scotland policy statement . Managing Change in the Historic Environment: Setting - Consultation Draft August 2009- Historic Scotland . Planning Advise Note 45: Renewable Energy Technologies . Lothians Landscape Character Assessment 1998 - Scottish Natural Heritage 5.2 The following development plan policies are relevant: Plan Policy Assessment Conform? ELSP ENV1f- Environmental or Biodiversity The ecological survey submitted by the Yes Assessments applicant concludes that the potential for Development proposals that would the turbine to have a negative impact on affect any designated natural heritage flora and fauna around the site is minimal. site, protected priority habitat or species The site is not a protected or key habitat or other important non-statutory and it is accepted that the introduction of locations will require an appropriate a single turbine at this location is level of environmental or biodiversity extremely unlikely to have a significant assessment. Where development is detrimental impact on the ecology or permitted, proposals must include species in the area. measures for mitigation and, where appropriate, enhancement to reduce any adverse impact and/or to provide for sustainable habitat replacement. ELSP ENV1C - International and National The proposed wind turbine will affect the No Historic or Built Environment setting of the scheduled monument of Designations Cairnpapple, a nationally important built Development which would harm the heritage asset. The turbine is predicted to character, appearance and setting of the be visible from the site and would be following designated built or cultural viewed by visitors to the henge. heritage sites, and/or the specific The VIA submitted by the applicant features which justify their designation, confirms that the viewpoint at Cairnpapple should be resisted. towards the turbine, 'is a popular ¥ World Heritage Sites recreational destination and views are ¥ Listed Buildings likely to be experienced by a large ¥ Scheduled Ancient Monuments number of visitors and walkers' (para ¥ Royal Parks 3.10.1). The VIA includes a photomontage ¥ Sites listed in the Inventory of Gardens which shows the turbine clearly visible and Designed Landscapes from this viewpoint and concludes that the Local plans should include policies, and development will have a 'major and where appropriate proposals for their significant' effect on the receptors at this protection and enhancement. viewpoint. The henge at Cairnpapple is an important historical and cultural site within West Lothian. The introduction of the relatively close, moving object into the otherwise open landscape which would be seen from a key viewpoint, is considered to have a detrimental impact on the experience of visitors to the site. It has not been satisfactorily shown that presumption in favour of a relatively modest renewable energy proposal outweighs the impact of the setting of the monument. 3 Plan Policy Assessment Conform? ELSP ENV1D -Regional and Local Natural The applicant has submitted a VIA No and Built heritage assessing the impact of the proposed Development affecting the following turbine from 7 viewpoints. The predicted regional or local areas of natural visual impact on two of these viewpoints, heritage and built environmental including the view from Cairnpapple, is interest, or their settings, will only be predicted to be 'major and significant'. The permitted where it can be demonstrated turbine is also an isolated feature and not that: grouped with other built development. The a) The objectives and overall integrity of overall impact on the character and the designated area will not be integrity of the AGLV is not considered to compromised; or be undermined due to the scale of the b) The social or economic benefits to be turbine. However, it would be an intrusive gained from the proposed development object visible from some key viewpoints, outweigh the conservation or other particularly Cairnpapple Hill. It is not interest of the site. considered that the benefits of this ¥ Areas of Great Landscape Value or amount of renewable energy outweigh the other local landscape designations impact of the turbine of this height at this defined in local plans very sensitive location.
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