1 Argyll and Bute Council Development & Infrastructure Delegated or Committee Planning Application Report and Report of handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 relative to applications for Planning Permission or Planning Permission in Principle ____________________________________________________________________________ Reference No : 09/00569/DET Planning Hierarchy : Major Applicant : Infinergy Limited, C/o Savills (L and P) Limited, Chartered Surveyors, 163 West George Street, Glasgow, G2 2JJ. Proposal : Application for full planning permission for construction of wind farm comprising eight turbines (100 metres to blade tip), anemometer mast, upgraded access track, internal tracks and ancillary development. Site Address : Strone Saul Hill, Dunoon, Argyll and Bute, PA23 8RA. ____________________________________________________________________________ DECISION ROUTE (i) Local Government Scotland Act 1973 ____________________________________________________________________________ (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Erection of 8 wind turbines; • Upgrading of existing forestry track to provide access to the wind farm; • One permanent 75 metre anemometer mast; • Temporary construction compound, temporary portacabin buildings, car park, bunded waste storage bay, concrete batching plant, water treatment area, fuel/chemical storage area; • Installation of underground cabling to connect the wind turbines to the electricity sub- station; • Formation of hard-standings at the base of each turbine to facilitate installation; • Approximately 5.5km of existing forestry track, upgraded to 5m width, providing the main access with the existing B836; • Approximately, 3.8km of new internal tracks, (5m wide), with associated trench containing connecting cabling between turbines and substation; • Erection of substation/control building; (ii) Other specified operations • Local Grid Connection; • Clearance of two areas of forestry plantation; • Two borrow workings (respectively 80m x 65m and 80m x 55m in plan area) to provide the aggregate required during construction (subject of two other separate planning applications); ____________________________________________________________________________ (B) RECOMMENDATION: This proposal is recommended for REFUSAL for the reasons stated in this report and, it is further recommended that the proposal is fully considered at a Discretionary Hearing which has been 2 necessitated by the number of representations which have been received (over the threshold of 20) ____________________________________________________________________________ (C) HISTORY: PPA-130-209 - Planning Permission Appeal against Refusal of Application by Argyll & Bute Council for the Erection of a wind farm consisting of 14 turbines and ancillary development on land at Corlarach Hill, east of Glen Fyne, Bullwood Road, Dunoon, Argyll. This Appeal was dismissed on the 27 th May 2009. PPA-130-214 – Planning Permission Appeal against Refusal of Application by Argyll & Bute Council for the Erection of a wind farm consisting of 16 wind turbines, associated concrete foundations (maximum hub height 60metres and blade tip 100 metres), two temporary construction compounds, on-site switchgear and control room station, hard-standing areas, connecting cabling and one permanent wind monitoring mast; construction of 8.2km of access tracks, upgrading of 6.9km of existing access tracks, and excavation of ten borrow pits on land at Black Craig To Blar Buidhe, Glenfyne, Argyll. This Appeal was dismissed on the 22 nd September 2009. 09/01124/DET - Borrow working for construction of wind farm on Land at the Former Borrow Working Adjacent to Forest Track, South West Of Ardnadam, Dunoon – Pending Consideration. 09/01125/DET - Borrow working for construction of wind farm on Land at the Former Borrow Working South Of B836 Near Confluence Of Little Eachaig River And Glenkin Burn, Dunoon – Pending Consideration. ____________________________________________________________________________ (D) CONSULTATIONS: Scottish Government Climate Change Division (5 th June 2009) - no comments. Transport Scotland (Development Management) (11 th May 2009) – advise that, as many of the construction loads will be abnormal, authorisation from our Scotland Transerv (ST) may be required and advise that they are consulted on the feasibility of transportation of these items to site. Transport Scotland (11 th May 2009) - no objection to the proposal subject to conditions relating to: approval of abnormal load routes and abnormal load accommodation measures before delivery commences. Health and Safety Executive (13 th May 2009) - no comment to make on the environmental statement. Historic Scotland (8th June 2009) - have set out their view on the principle of the proposed development as it relates to the historic environment. They have some concerns about the impact the proposal would have on the settings of two scheduled monuments: Kilmun Collegiate Church, Tower and Burial Ground, and Adam’s Cave, Chambered Cairn, Ardnadam. However, they advise that overall; the likely impacts on historic environment assets of national importance are not of such significance to warrant an objection to the proposal. Loch Lomond & the Trossachs National Park Authority (5th October 2009) – ‘The National Park Authority formally objects to this proposal due to the likely significant landscape and visual impacts on Loch Lomond and the Trossachs National Park in its role as a nationally important landscape resource’ Forestry Commission Scotland (8 th May 2009) - advised that the file had been passed to the Woodland Officer for Cowal; to date no formal comments have been received. Scottish Natural Heritage (SNH) (4 th June 2009) – object to this proposal on the basis that there is potential for significant adverse landscape and visual impact and insufficient information 3 has been provided on these impacts and SNH reserve their position in relation to possible ornithological impacts until further information is submitted. Scottish Natural Heritage (31 st August 2009) – SNH object to the proposal on the basis of the information submitted for the following reasons: the development could have significant adverse impacts on nationally important landscape and visual interests and, cumulatively, in conjunction with the proposed Black Craig wind farm, the additional effect of the Dunoon proposal would be significant on a number of viewpoints of national importance and sequential visual experience.SNH has no objection to the proposal in relation to ornithological concerns but recommends conditions to further minimise the impact upon upland raptors. SNH has no objection to this proposal in relation to impact on terrestrial habitats but recommends conditions to minimise habitat loss and compensate against unavoidable losses. Royal Society for the Protection of Birds (12 th June 2009) – does not object to the proposal but has concerns regarding the proposal’s potential to impact on golden eagle (Annex 1 species of the EC Bird Directive). RSPB would like to see additional survey work across the area, to provide a better assessment of its importance for raptors. RSPB also ask that mitigation and monitoring is provided. North Ayrshire Council – no response received. Inverclyde Council - advise that the application at Leapmoor Forest has been withdrawn and does not, need to be considered; and, in the written statement there is reference to the Renfrewshire Heights SSSI within a 30km vicinity of the application site but it’s not stated that this site is a Special Protection Area providing habitat for the hen harrier which is a protected species. Furthermore, on the grounds of both the visual impact and cumulative impact concerns Inverclyde Council object to the proposal. West of Scotland Archaeology Service (18 th June 2009) – does not object to the proposal providing a condition is attached to any grant of planning permission to secure an archaeological watching brief and written scheme of investigation to be agreed by the Council and the West of Scotland Archaeology Service. Scottish Water – no response received. Scottish Environmental Protection Agency (SEPA) (3rd July 2009) – has no objection on the grounds of: foul drainage; surface water drainage (subject of planning conditions); hydrogeology (subject of planning conditions); management plans and method statements (subject of planning conditions); road and crane hardstanding construction; oil storage; batching plant; watercourse engineering; borrow pits (condition recommended, however, these are the subjects of separate planning applications) and waste management. Area Roads (28 th April 2009) – No objection subject to applications for road opening permits and road construction consent and planning conditions relating to: visibility splays, access surface, surface water drainage, culverting; angle of approach; bellmouth radius; parking; provision of wheel wash; and signage. Local Biodiversity Officer (26th May 2009) – has no objection to the proposal and recommend that it should be a condition that a full management plan for the site including the areas designated for habitat management be put in place post development with the proviso that there is an annual report published to determine the effectiveness of the plan and to inform any future management effort. Access Officer (13 th July 2009) – no objection subject to the developer