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Item No 5 (A) Planning and Building

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Item No 5 (A) Planning and Building Item No 5 (a) SCOTTISH BORDERS COUNCIL PLANNING AND BUILDING STANDARDS COMMITTEE 3 SEPTEMBER 2012 APPLICATION FOR PLANNING PERMISSION ITEM: REFERENCE NUMBER: 11/00888/FUL OFFICER: Carlos Clarke WARD: Leaderdale and Melrose PROPOSAL: Erection of 9 No wind turbines 126.5m high to tip and associated infrastructure including hardstandings, anemometer mast, control building, temporary construction compound, laydown area, access tracks, electrical connections and borrow pit SITE: Land South West Of Hyndsidehill Farmhouse (Corsbie Moor), Westruther APPLICANT: E.ON Climate & Renewables UK Developments Limited AGENT: None SITE DESCRIPTION The site is located on agricultural land north-east of Legerwood, alongside the A6089 to its north-east. It is located approximately 4.5k south-east of lauder and 4k north west of Gordon. The site comprises a mixture of cultivated arable land and pastureland, with medium to large agricultural fields, many enclosed by hedgerows, including trees and blocks of woodland. It extends from the A6089 to the north-east down to a minor public road to the south-west. It bounds agricultural land on its north-westerly and southerly sides, with Stell Wood to the north-west, Lodgehill Wood to the south, and Pickie Moss to the south-west. The nearest residential properties are located to the north east, Brownshall Lodge and Langrigs, situated on the opposite side of the A6089. Residential groupings are located to the south at Corsbie, Kirkhill and Legerwood, with groupings at Boon and Dods to the north-west and north. PROPOSED DEVELOPMENT This application originally sought planning consent for the erection of 12 no. 126.5m high wind turbines (2.3MW each), along with associated infrastructure including hardstandings, anemometer mast, substation building, construction compound and laydown area, access tracks, underground electricity connections and borrow pit. Access is proposed from the A6089. During the processing of the application, and in response to issues raised by this department, consultees and objectors, the applicant chose to submit a revised scheme reducing the number of turbines to 9 within an adjusted layout. The turbines remain at 126.5m high to blade tip (80 metres to hub). Planning and Building Standards Committee 1 Item No 5 (a) PLANNING HISTORY Planning consent was granted for two years in July 2010 for the siting of two meteorological masts within the site (50m and 80m in height)(10/00571/FUL). This consent has since expired. REPRESENTATION SUMMARY There are 227 submissions objecting to the original application, with a further 4 in response to the revised scheme. (There may be a small number of cases where households are potentially represented by more than one submission). The issues raised are many and varied, and full comments can be viewed on Public Access. Key concerns raised include: x Increasing extent of Scotland affected by wind farms, and increasing cumulative impact in the Scottish Borders which has more than anywhere else. A strategic overview is required of the considerable number of wind farm proposals. Cumulative and sequential impacts will occur with others, including Long Park, Toddleburn, Dun Law, Black Hill, Fallago Rig, even before considering Brunta Hill, Girthgate, Cathpair, Shaw Park, Rowantree. The cumulative impact assessment is inadequate, with wind farms omitted, and there are increasing effects of modest wind turbines in the area. Lauderdale will be surrounded by wind farms and this development will help link the western Lammermuir sites with the easterly ones. This would introduce a wind farm into an area so far unaffected, and form part of a chain enclosing the area x The height is too large for the landscape which has not got an enclosing landform, the turbines would be twice the height of the Scott Monument and would be visible as far as St Abbs Head, Soutra Hill and the Cheviot Hills. This is one of the poorest and most highly visible sites in the Borders, and this development would industrialise the landscape. It would dominate the skyline. The reduced scheme has resulted in no significant reduction in visibility. Woodland screening the applicants don’t control is relied on. The site fails Local Plan Policy D4 as it’s not in an upland landscape. x There would be adverse effects on the Lammermuirs AGLV and would dominate the Westruther Platform landscape. The site is surrounded by an area warranting significant protection in the Council’s SPG. Most of the Scottish Borders including Lauderdale could be considered a high quality landscape x There would be adverse impacts on Eildon Hills, Three Brethern, Smailholm Tower, Scott's View (so far spared, but not now), Hume Castle, Twin Law Cairns, higher land at Burncastle and a dominant impact on Legerwood Kirk, one of the oldest churches in Scotland x Adverse impacts on the Southern Upland Way, Borders Abbey Way, Four Abbeys Cycle Way and on local walks, including at Spottiswoode and Legerwood farm trail, and on Lauder Common x Roads including the A68, A698, A6089 would be affected (it would be closer to major roads than any other wind farm other than Dun Law). x Associated impacts on the tourist economy, including walkers, cyclists, shooting, fishing, tourist attractions and day trippers, and tourists on their way to Thirlestane Castle, Mellerstain, Floors, Kelso x Effects on local businesses, including wildlife and landscape photography, weddings and countryside activities (including Burncastle, as a result of effects on setting and the overall sporting experience) Planning and Building Standards Committee 2 Item No 5 (a) x Impacts on residential amenity, with over 50 properties within 2k, including Legerwood and Kirkhill, and 143 within the 3k zone. Brownshall Lodge, Langrigs and Hyndesidehill will still be adversely affected by the revised scheme, as will Kirkhill. The Council’s SPG/Scottish Government guidance should be followed, thus maintaining a 2k distance from residential properties. The height of the turbines requires a greater assessment than 5k for residential amenity. Villages of Westruther and Blainslie will have clear views. x Challenges to credibility of the visual images in the ES, including use of foreground features and grey skies obscuring impacts, and other concerns regarding viewpoint selection x The site is not good for wind farm efficiency, and wind turbines are not efficient. There has been no consideration of alternatives and how the site was chosen. x The renewables target has already been met and, in any case, this will make a negligible contribution and the target should not override other issues. Government policy on the matter is challengeable in any case. CO2 benefits are lost in the construction, and the environmental benefits of wind farms are already factored into a favourable policy context and should not be double- counted. x The economic benefits and assessment are unbalanced. x Precedent would be established leading to possible expansion, including reappearance of the three turbines removed in the revised scheme x No proper justification for a micro-siting allowance x Shadow flicker concerns, not addressed in the revised scheme x Driver distraction, traffic and road safety concerns x Disturbance during construction x Health problems x Jet aircraft conflict x Impacts on ecology and wildlife, including upland bird species. Inadequate bird survey, no bat survey, and effect on fishing catchment. Development plan policies will be breached in terms of environmental impacts, and the wind farm will threaten the most important black grouse habitat in the Lammermuir Hills. The precautionary principle should apply, and pre-start surveys should be carried out before determination of the application x Impacts on woodland and forestry x Safety issues, including blade breakage and ice fall x Risks to private water supply x Noise impact concerns, including regarding the noise assessment’s conclusions x Affect on sites of archaeological interest, including Corsbie Tower Scheduled Monument x Question the community benefit x The revisions to the same have resulted in negligible improvements Submissions in support of the original application number 510, with a further two in favour of the revised scheme. (There may be a small number of cases where households are potentially represented by more than one submission). It should be noted that a number of these are ‘pro-forma’, and contain very brief, generalised statements in a large number of cases about the wind energy industry in principle, with no references at all to this particular development. Others are more specific to this particular site and this development. The key comments made include: Planning and Building Standards Committee 3 Item No 5 (a) x Clean, free, environmentally sustainable, renewable source of energy, with power to the grid for 25 years, which will help meet Scottish Government targets x Aesthetically pleasing, therapeutic, beautiful, attractive (depending on location for some, colour (could paint grey to reduce impacts) and, for some, as long as there aren’t too many) x Better to have a larger number of turbines on fewer sites x Reliance on fossil fuels needs to cease, and wind is better than nuclear or coal x Spin-off benefits include payments to farmers and the community, as well as local jobs x Good use of grazing/crop land and empty places, the farm can still operate and there will be maximum generation in all wind conditions due to the height x Limited noise effects due to height and prevailing wind noise x No shadow flicker effects x No adverse effects on flora or fauna, and high circling raptors will learn the layout fairly quickly x The application includes modifications to numbers and footprints x Visual impact is minimal from afar, and the visual impact on Lauderdale will be no worse than Long Park on Stow x Better than pylons and people have now got used to them x Tourist impacts are not an issue, and tourists in the local area are low in number and won’t be deterred x The landform will mostly hide from the north and west, and views from the south of only one part.
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