ITEM 6 SCOTTISH GOVERNMENT CONSULTATION UNDER SECTION 36 OF THE ELECTRICITY ACT 1989 – PROPOSED WIND FARM AT EARLSHAUGH – REVISED SCHEME AND SUPPLEMENTARY ENVIRONMENTAL INFORMATION REPORT BY HEAD OF PLANNING AND REGULATORY SERVICES PLANNING AND BUILDING STANDARDS COMMITTEE 14 NOVEMBER 2011 1 PURPOSE OF REPORT 1.1 To advise the Scottish Government of the response from Scottish Borders Council on the Supplementary Environmental Information submitted in relation to a reduced scheme by Wind Energy (Earlshaugh) Ltd under Section 36 of the Electricity Act (Scotland) Regulations 2000 and deemed planning permission under Section 57 of the Town and Country Planning (Scotland) Act 1997, for a wind farm comprising 24 wind turbines and ancilliary equipment in the Earlshaugh area of the Tweed Valley. 2 PROCEDURE 2.1 The Scottish Government process applications for wind energy developments exceeding 50MW generating capacity but consult relevant Local Authorities for their views on such proposals. They advertise the application and have carried out direct consultation with other interested bodies. They have also followed this procedure for the revised scheme and the Supplementary Environmental Information. There is, therefore, no need for Scottish Borders Council to undertake a tandem process although consultation has taken place with relevant officers within the Council. 3 BACKGROUND TO REPORT 3.1 The original Section 36 application was considered in November 2008 by the Planning and Building Standards Committee and the full report is attached to this report as a detailed reference. The Council concluded that they should object to the original scheme for the following reasons: The proposed development would be contrary to policy I20 of the Scottish Borders Structure Plan 2001-2011 and Policy D4 – Renewable Energy Development of the Scottish Borders Local Plan 2008 in that the erection of 36 wind turbines and associated equipment would have an unacceptable adverse impact on the landscape character of the surrounding area. The proposed wind turbines would interfere with prominent skylines and high sensitivity receptors, particularly on views from the south where the A701 tourist route and the well known Devil’s Beef Tub viewpoint would be significantly affected. Planning & Building Standards Committee 1 The proposed development would be contrary to Policy N11 – Areas of Great Landscape Value of the Scottish Borders Structure Plan 2001-2011 and Policy EP2 – Areas of Great Landscape Value of the Scottish Borders Local Plan 2008 in that the erection of 36 turbines and associated equipment would have an unacceptable adverse impact on the landscape quality of the Tweedsmuir Hills Area of Great Landscape Value. The proposed wind turbines would set an unacceptable precedent for wind farm development in the area which cannot be accommodated in the landscape. The proposed development would be contrary to Policy N2 – International Sites of the Scottish Borders Structure Plan 2001-2011 and Policy NE1 – International Conservation Sites of the Scottish Borders Local Plan 2008 in that there is insufficient information to inform an Appropriate Assessment on the adverse effects on the integrity of the River Tweed Special Area of Conservation. The erection of 36 wind turbines and associated equipment would not offer substantial benefits that outweigh the national nature conservation of the site. The proposed development would be contrary to Policy N5 – Local Biodiversity Action of the Scottish Borders Structure Plan 2001-2011 and Policy NE3 – Local Biodiversity of the Scottish Borders Local Plan 2008 in that the erection of 36 turbines and associated equipment would have an unacceptable adverse impact on a Local Wildlife Site. The proposed windfarm development would not offer substantial public benefits that outweigh the value of the habitat for biodiversity conservation. 3.2 The purpose of this report is to consider whether the reductions and amendments in the scheme would affect the Council’s position of objection to the scheme. 4 SITE AND APPLICATION DESCRIPTION 4.1 The applicant states in the SEI that the scheme has been revised following the objections from Scottish Borders Council, Scottish Natural Heritage (see previous Committee Report) and comments from Dumfries and Galloway Council on access design. The main revisions are a reduction from 36 to 24 turbines, the micro-siting of four remaining turbines and removal of sections of access track that previously connected turbines. The site access revision cannot be made within the S36 Application and will be the subject of a separate planning application. 4.2 The turbines remain 125m high to blade tip generating up to 3MW per turbine. The remainder of the proposals are as described in para 4.3 of the original Committee Report although access tracks are reduced in coverage and only one permanent meteorological mast is now proposed. 4.3 The Supplementary Environmental Information has been submitted together with a range of technical appendices, providing an assessment of the amended proposals together with additional information on landscape and visual assessment, ecological surveys and peat landslide assessment. The SEI should be read in conjunction with the original Environmental Statement. 4.4 The SEI contains an updated Design Statement which states that the majority of amendments were to satisfy SBC and SNH, especially to reduce impacts on the Devil’s Beef Tub viewpoint on the A701 and broader reductions in visual impacts across the wider local area viewpoints, especially from the A701 and from Moffat. The micro-siting of turbines was in recognition of peat landslide assessment work and ownership boundaries. Planning & Building Standards Committee 2 4.5 An updated Supporting Statement has also been submitted which describes the revised project proposals in the context of national and local policies. It also updates the National Policy position including the 2020 Routemap for Renewable Energy in Scotland (2011) which sets an ambitious target of 100% of electricity demand from renewable energy by 2020. NATS and MOD objections were also lodged on radar and Eskdalemuir Seismic Array impacts and the Supporting Statement reports the intention to seek further dialogue and solutions. 4.6 Although Members have already considered the Environmental Statement, it will be made available again in the Members’ Library together with the revised SEI, Figures, Appendices and Supporting Statement. 5 PLANNING ISSUES 5.1 As with the original scheme, the main issues in considering amended proposal are whether the revisions and reductions would allow the wind farm to now comply with Development Plan Policies on renewable energy development, designated landscape areas and nature conservation sites. The proposal should also now be considered against the Wind Farm SPG and Spatial Strategy Map. 6 ASSESSMENT OF APPLICATION 6.1 The attached original Committee report listed all appropriate and relevant National and Local Policies and Guidance that required to be considered in assessing the proposals. As there have been various changes in Policy and Guidance since then, the following documents require to now be considered in assessing the revised proposals: Scottish Borders Structure Plan – The New Way Forward 2001-2018 PRINCIPLE S1 Environmental Impact POLICY N1- Local Biodiversity Action Plan POLICY N2- International sites POLICY N3- National Sites POLICY N5– Local Biodiversity Action POLICY N6- Environmental Impact POLICY N7- Protection of Nature Conservation Interest POLICY N8- River Tweed System POLICY N9 - Maintaining Landscape Character POLICY N13- Gardens and Designed Landscapes POLICY N14- National Archaeological Sites POLICY N15- Regional and Local Archaeological Sites POLICY N16- Archaeological Evaluation, Preservation and Recording POLICY N17- Listed Buildings POLICY N20 – Design POLICY E16 – Rural Economic Development POLICY E22 - Protection of the Tourist Industry POLICY C8 - Access Network POLICY I5 - Cycling POLICY I13 - Water Quality POLICY I14 - Surface Water POLICY I19 - Renewable Energy POLICY I20 - Wind Energy Developments Planning & Building Standards Committee 3 Scottish Borders Consolidated Local Plan: Adopted February 2011: PRINCIPLE 1 – Sustainability POLICY G1 - Quality Standards for New Development POLICY BE1 - Listed Buildings POLICY BE2 - Archaeological Sites and Ancient Monuments POLICY BE3 - Gardens and Designed Landscapes POLICY NE1 - International Nature Conservation Sites POLICY NE2 - National Nature Conservation Sites POLICY NE3 - Local Biodiversity POLICY NE4 - Trees Woodlands and Hedgerows POLICY NE5 - Development affecting the Water Environment POLICY EP1 - National Scenic Areas POLICY EP2 - Areas of Great Landscape Value POLICY D4 – Renewable Energy POLICY H2 – Protection of Residential Amenity POLICY INF2 - Protection of Access Routes POLICY INF6 - Sustainable Urban Drainage POLICY D1 - Business, Tourism and Leisure Developments in the Countryside Other Planning Considerations x A Planning Framework for Wind Energy Developments: Policy Guidelines 1995 – now superseded by Supplementary Planning Guidance (SPG) on Wind Energy - approved May 2011 x The Borders Landscape Assessment 1998. x Visibility Mapping for Windfarm Developments – The Scottish Borders October 2003. x Landscape and Development SPG (approved March 2008) x Local Biodiversity Action Plan (launched June 2001) x Renewable energy SPG (approved March 2007) x The Town and Country Planning (Environmental Impact Assessment Regulations)