ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE : 17 JUNE 2014
14/00026/PPD – LANGASS LODGE, NORTH UIST: ERECT 3NO AIRCON 10S WIND TURBINES, HUB HEIGHT 18.5M, HEIGHT TO BLADE TIP 22.5M
Report by Director of Development
PURPOSE OF REPORT Since the application has been the subject of a formal objection from a statutory consultee that would trigger referral of the application to Scottish Ministers, the planning application cannot be dealt with under delegated powers and is presented to Committee for a decision .
COMPETENCE 1.1 There are no legal, financial or other constraints to the recommendation being implemented. SUMMARY 2.1 The planning application is for the erection of three Aircon 10S 10kW wind turbines with an 18.5m hub height and a blade tip height of 22.5m. The application site is located approximately 30m to the south of a small plantation adjacent to the track leading to Langass Lodge Hotel, Isle of North Uist. 2.2 Historic Scotland, a statutory consultee, has objected to the application due to the significant adverse impact on the scheduled Barpa Langass, chambered cairn (Index 892) and Sornach Coir’ Fhinn, stone circle 350m south of Ben Langass (Index No. 5125). 2.3 A third party representation has been received. This is a generic submission and cites that the proposal does not comply with the Aarhus Convention, the inefficiencies of wind turbines and the effect wind turbines has on the health and wellbeing of humans and animals. The terms of the representation are not material planning considerations. 2.4 The Comhairle is required to determine planning applications in accordance with the provisions of its Development Plan unless material planning considerations indicate otherwise. The proposal has been assessed against the Development Plan and is considered to be contrary to its provisions. Material considerations have also been assessed and given due weight. The conclusion following assessment is that there are no material considerations that indicate that the Comhairle’s Development Plan should not be accorded priority. RECOMMENDATION 3.1 It is recommended that the application be REFUSED for the reasons appended to this Report.
Contact Officer Hannah Morrison Telephone: 01870 604990 Email: [email protected] Appendix 1 Schedule of Reasons for Refusal 2 Plans and Photographs 3 Consultation Response letter from Historic Scotland Background Papers None
REPORT DETAILS DESCRIPTION OF THE PROPOSAL 4.1 This is a Planning application for the erection of three Aircon 10S wind turbines. The hub height of the turbines is 18.5m and the blade tip is 22.5m. The tower will be galvanised steel, while the turbine and blades will be light grey RAL 7035.
4.2 The proposed turbines are sited above the 20m contour line, and will be located 30m south of the Langass plantation to the south of the access track to Langass Lodge Hotel. The nearest noise sensitive property is 150m to the North-west. There are two Scheduled Ancient Monuments within the vicinity of the application – Sornach Coir’ Fhinn stone circle approximately 515m to the east and Barpa Langass 690m to the north. The application site is not within any natural heritage designations; however, the Mointeach Scadabhaigh Special Area of Conservation is approximately 1.2km to the north. There are no other pertinent planning constraints in or around the application site.
4.3 The proposal is within the class of Local Development within the Planning Hierarchy.
ADMINISTRATIVE PROCESSES 5.1 The planning application by Moor Leasing Ltd, c/o Fraser Architecture LLP, An Taigh Dearg, 21A Carinish, Isle of North Uist HS6 5EJ was registered on 22 January 2014.
5.2 The planning application was advertised for public comment in the public notices section of the Stornoway Gazette in the publication dated 30 January 2014 as required by regulations.
ENVIRONMENTAL IMPACT ASSESSMENT (SCOTLAND) REGULATIONS 2011 6.1 The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 (The 2011 Regulations) apply to this proposal. 6.2 The proposed development is Schedule 2 Development – Category: 3 Energy Industry in terms of the 2011 Regulations. 6.3 Having assessed the characteristics and location of the development and the characteristics of the potential impact as set out in Schedule 3 to the 2011 Regulations, Comhairle nan Eilean Siar on 18 March 2014 issued a Screening Opinion stating that in its opinion the proposed development is not considered likely to have a significant impact on the environment and that the submission of an Environmental Statement is not required. PREVIOUS PLANNING DECISIONS RELATING TO THE SITE 7.1 The following planning history relates to the site. Ref. No. Description Decision Date 14/00026/SCR_L Erect 3no Aircon 10S wind turbines, No EIA 18 March 2014 hub height 18.5m, height to blade tip required 22.5m
RESPONSES TO CONSULTATION 8.1 The full terms of the responses to statutory and other consultation by the Planning Authority can be read on file at the Development Department. The following is a summary of those relevant to the determination of the application.
HISTORIC SCOTLAND DATED 7 FEBRUARY 2014 8.2 ‘This letter contains our comments for both consultations under the terms of the above regulations and also The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, for or historic environment interests. That is
scheduled monuments and their setting, category A listed buildings and their settings, Inventory gardens and designed landscapes (GDL) and Inventory battlefields. We recommend that you also seek information and advice on maters including impacts on unscheduled archaeology from your Council’s archaeology service… Background I understand that the proposed development would consist of 3 wind turbines with maximum height to tip of 22.5m, to serve Langass Lodge Hotel, Isle of North Uist. Screening Opinion Whilst the decision on the need or otherwise for Enviornmental Impact Assessent (EIA) lies with your planning authority, I have the following advise which I hope will be helpful to your in your consideration of the matter. There is the potential for this development to have an impact on two scheduled monuments located in the vicinity. • Barpa Langass, chambered cairn, North Uist (Index no 892) • Sornach Coir’ Fhinn, stone circle 350m S of Ben Langass (Index no 5125) In light of this potential adverse impact, we consider that the provision of additional information will be necessary for our interests, regardless of whether or not an EIA is undertaken. The Planning Application We are not content that there is sufficient information included with the planning application to be able to come to a view on it. Although there is a forestry plantation to the north and east of the development area, we are unclear if this will help to screen the turbines from the monuments. Therefore, regardless of whether or not an EIA is required, we request that additional information is provided. Information required In order to come to a view on the application, we request that the following is produced: • A high quality zone of theoretical visibility diagram (ZTV),showing how visible the turbines are likely to be from the monuments. • An assessment of impacts on cultural heritage using our seeing guidance…, including visualisations that help to support the conclusions reached (e.g. wireframes or photomontages)… HISTORIC SCOTLAND DATED 16 APRIL 2014 8.3 ‘Thank you for your consultation of 27 March 2014 regarding the above development proposal. We have considered it from our statutory remit and have the following comments to offer on heritage assets located in the vicinity of the development proposal which may be affected.
Historic Scotland’s Position Historic Scotland object to the development proposal due to the significant adverse impact on the scheduled Barpa Langass, chambered cairn (Index No 892) and Sornach Coir’ Fhinn , stone circle 350m S of Ben Langass (Index 5125) . Our detailed comments on this are included in the attached annex. ” (See Appendix 3 to this report).
The annex to Historic Scotland's letter sets out the policy position, referring to Scottish Planning Policy, the Comhairle's Local Development Plan, the Scottish Historic Environment Policy and Managing Change in the Historic Environment: Setting Guidance. The document then describes each monument and its setting in the landscape. The annex concludes that “ Because of the importance and sensitivity to change we attribute to the setting of these monuments, we do not consider this to be an appropriate location for this development. Therefore we do not consider that this impact could be mitigated by either reducing the turbines in height, or by micro-siting them .
Your conservation and archaeological service will also be able to advise on any potential impacts on the historic environment .’
ARCHAEOLOGY 8.4 ‘Please be advised that the Comhairle Archaeology Service has no issues with this application and will not require an EIA for this proposed development. However there may be a setting issue regarding this development and its impact on a single scheduled Monument (Sornach Coir Fhinn, Loch A Phobuill), situated approximately 600m to the east. Historic Scotland will need to give an opinion in this regard for this application .’
MOD 8.5 ‘I am writing to tell you that the MOD has no objection to the proposal.
The application is for three turbines at 22.5m to blade tip. This has been assessed using the grid reference below as submitted in the planning application or in the developers pro-forma:
Turbine 1 NF 083721 065048 Turbine 2 NF 083761 065041 Turbine 3 NF 083800 065034
The principal safeguarding concern of the MOD with respect to the development of wind turbines relates to their potential to create a physical obstruction to air traffic movements and case interference to Air Traffic Control and Air Defence Radars Installations.
Defence Infrastructure Organisation Safeguarding wishes to be consulted and notified of the progression of planning applications and submissions relating to this proposal to verify that it will not adversely affect defence interests.
If planning permission is granted we would like to be advised of the following:
• The date construction starts and ends; • The maximum height of construction equipment • The latitude and longitude of every turbine
This information is vital as it will be plotted on flying charts to make sure that military aircraft avoid this area.
If the application is altered in any way we must be consulted again even as the slightest change could unacceptably affect us…”
NATS 8.6 ‘The proposed development has been examined from a technical safeguarding aspect and does not conflict with our safeguarding criteria. Accordingly, NATS (En Route) Public Limited Company (“NERL”) has no safeguarding objection to the proposal. However, please be aware that this response applies specifically to the above consultation and only reflects the position of NERL (that is responsible for the management of en route air traffic) based on the information supplied at the time of this application. This letter does not provide any indication of the position of any other party, whether they be an airport, airspace user or otherwise. It remains your responsibility to ensure that all the appropriate consultees are properly consulted. If any changes are proposed to the information supplied to NERL in regards to this application which becomes the basis of a revised, amended or further application for approval, then as a statutory consultee NERL requires that it be further consulted on any such changes prior to any planning permission or any consent being granted.’
HIGHLANDS AND ISLANDS AIRPORTS 8.7 ‘With reference to the above proposed development, it is confirmed that our calculations show that at the give position and height, this development would not infringe the safeguarding surfaces for Benbecula Airport. Therefore, Highlands and Islands Airports Limited would have no objections to the proposal.’
OFCOM 8.8 There are no fixed links within 500m of the application site.
JOINT RADIO COMPANY 8.9 ‘This proposal cleared with respect to radio link infrastructure operated by: the local electricity utility and Scotia Gas Networks.
JRC analyses proposals for wind farms on behalf of the UK Fuel & Power Industry. This is to assess their potential to interfere with radio systems operated by utility companies in support of their regulatory operational requirements.
In the case of this proposed wind energy development, JRC does not foresee any potential problems based on known interference scenarios and the data you have provided. However, if any details of the wind farm change, particularly the disposition or scale of any turbine(s), it will be necessary to re-evaluate the proposal.
In making this judgement, JRC has used its best endeavours with the available data, although we recognise that there may be effects which are as yet unknown or inadequately predicted. JRC cannot therefore be held liable if subsequently problems arise that we have not predicted.
It should be noted that this clearance pertains only to the date of its issue. As the use of the spectrum is dynamic, the use of the band is changing on an ongoing basis and consequently, developers are advised to seek re-coordination prior to considering any design changes.’
ATKINS 8.10 ‘The above application has now been examined in relation to UHF Radio Scanning Telemetry communications used by our Client in that region and we are happy to inform you that we have NO OBJECTION to your proposal. Please note that this is not in relation to any microwave links operated by Scottish Water.’
COMHAIRLE ENVIRONMENTAL HEALTH SERVICE 8.11 ‘Based on the turbine type (Aircon10S) and the distance to the nearest noise sensitive property I have no comments other than to attach the usual conditions. Please note that in giving this comment I have assumed that there are no nearby turbines likely to give rise to cumulative noise issues. Any other consented turbines in the vicinity of the proposed turbine could alter the advice provided. If other consented turbines are within 500m of this development then please provide the following details: grid references and turbine types in order that I can revise my comments.’
REPRESENTATIONS 9.1 Representations have been received from the following: • Mr Andrew Vivers, Arnifoul, Glamis, Forfar DD8 1UD 9.2 The full terms of the Representations can be read on the file at the Development Department. However, they can be summarised as follows:
• In August 2013, the United Nations Economic Commission Europe (UNECE) declared that the UK Government's National Renewable Energy Action Plan (NREAP) violates the laws that transpose the Aarhus Convention into the UK legal framework, in that it is not abiding by Article 7 of the Convention. In particular the public have not been given full access to information on the established unacceptable negative impacts on people and the environment, nor have the public been given decision-making powers over their approval. • It is thought that wind turbines cause ill health, sleep problems, still births, birth defects and deaths to animals and humans. • An average wind turbine only produces between 15-28% of its rated capacity over a year. Wind energy is highly subsidised by Government and only benefits a few individuals. • Large areas across Scotland are being sterilised to allow wind farm developments to happen.
• Wind turbines do not reduce CO 2 emissions. VIEWS OF THE APPLICANT 10.1 The full details of the views of the applicant can be read on the file at the Development Department. However, they can be summarised as follows: • The applicant notes that Mr Vivers objects to wind turbine development across Scotland regardless of the size of the development. The objection is general and not specific to the application under consideration. Due to the nature of the objection it is requested that the objection is rejected as not being competent. • ‘The applicant believes that this application meets the requirements of the Scottish Government’s Planning Policy and Comhairle nan Eilean Siar’s Outer Hebrides Local Development Plan including the Supplementary Guidance for Wind Energy Developments .’ • ‘I can confirm that the proposed turbines will not be visible from Barpa Langass. We have provided a detailed land cross section between the Barp and the most westerly turbine to prove that the turbines will not be visible. We have also provided a panoramic view taken from the Barp’ • ‘We have provided visualisations of the proposed turbines taken from a viewpoint within the "Pobull Fhin" stone circle. These visualisations have been provided based on a standard 50mm camera lens and a panoramic view.’
ASSESSMENT OF EIA 11.1 Not applicable.
THE DEVELOPMENT PLAN 12.1 Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that planning decisions be made in accordance with the Development Plan unless material considerations indicate otherwise. An assessment against the policies and provisions of the Development Plan is therefore made initially. This is then followed by an assessment of any other material considerations, prior to a conclusion and recommendation as to the determination.
Outer Hebrides Local Development Plan 12.2 Policy 1 – Development Strategy – Rural Settlements
DEVELOPMENT PROPOSALS IN OUTWITH SETTLEMENT AREAS WILL BE ASSESSED AGAINST ALL OF THE FOLLOWING: a) a clearly justified and demonstrated need for the proposed development;
b) the capacity of the surrounding landscape to accommodate the development; c) sensitive siting, scale and design to minimise impact on the open and rural character of the landscape, avoiding raised or high level locations to minimise visual impact; (supplementary information including siting, levels, height of proposed buildings and materials will be required at Planning Permission in Principle application stage); d) the design, materials and finish of the access and parking is appropriate to the rural setting and hard-landscaping is kept to a minimum; e) the overall layout and design respects and, where possible, retains any archaeological, heritage or landscape features of the site. 12.3 The application site is outwith the rural settlement of Langass, Isle of North Uist. The application is for the siting of three Aircon 10S wind turbines 10kW wind turbines. The site is approximately 30m to the south of a small plantation (the trees in the plantation are small between 6-9m in height) and 200m from the track leading to Langass Lodge Hotel. Due to the nature of the development, height and their moving nature, the siting of the development raises issues of concern regarding the historic landscape but does not raise amenity issues due to the distance to the nearest residential properties. 12.4 The turbines will be sited above the 20m contour line, but considered relatively small in scale (with a blade tip height of 22.5m). While the turbines will be seen against the back drop of hills from many viewpoints, the setting of the scheduled monuments is considered to encompass a wide part of the landscape and the turbines will be visible on the skyline from certain points on the A867 between Locheport Quarry and Langass Road and from the Sornach Coir’ Fhinn stone circle and the path leading to it, where they will clearly be seen against the sky line. The visual impact on the landscape is discussed in Policy 5 and 34 below. 12.5 There is an existing access track which will be used to access the site. Although there is no archaeology or built heritage within the footprint of the application site, as discussed below (see policy 34) the application will impact on the setting of two Scheduled Ancient Monuments. The development is assessed to broadly comply with this policy. 12.6 Policy 2 – Assessment of Development Underpinning each of the policies in the Plan is a requirement to demonstrate that development proposals: a) will not significantly adversely affect biodiversity and ecological interests and, where possible, result in an enhancement of these interests. (The online Biodiversity Planning Toolkit should be consulted for general advice and good practice on habitats and species, and the NBN Gateway for site specific biodiversity data); b) will not result in pollution or discharges outwith prescribed limits to the air, land, freshwater or sea; c) have been designed to take account of the requirements of safeguarding zones notified by the Health and Safety Executive, Civil Aviation Authority, National Air Traffic Services, Ministry of Defence, Marine Consultation Areas, relevant Harbour Authorities and Marine Protected Areas. All development will be assessed for its impacts individually, incrementally and cumulatively to ensure no significant detrimental effects arise. 12.7 It is considered that the application will not significantly adversely affect biodiversity and ecological interests of the site. 12.8 There should be no pollution or discharges outwith prescribed limits to the air, land, fresh water or sea. 12.9 In terms of safeguarding the MOD, HIAL and NATS have no objection to the development. The application is assessed to be in compliance with this policy.
12.10 Policy 4 – Siting and Design Development proposals must demonstrate a satisfactory quality of siting, scale and design that respects and reflects the characteristics of the surroundings. Development proposals for buildings will be permitted where they satisfy all of the following: a) siting relates to the settlement pattern, landform, surrounding buildings and open spaces, and accords with Policy 1 Development Strategy and Policy 5 Landscape; b) design, scale, form and mass integrate with the streetscape, townscape and/or landform, avoiding dominating the sky line, and relate to design elements that make a positive contribution to the character of the surrounding area; the mass of larger buildings should be managed by breaking up the design elements; c) materials, colour, proportions and detailing complement the streetscape, townscape and/or landscape; d) car parking arrangements accord with the Standards for Car Parking and Roads Layout Supplementary Guidance which forms part of the Development Plan; e) plot layout accommodates: i. the development footprint placed and orientated to respect the characteristics of the local area; ii. service requirements, safe road access, parking provision integrated to minimise adverse impacts on the environment and public road; iii. adequate amenity space consistent with the type and character of the development; iv. landscaping, and boundary treatments in positions, form and scale that integrate the development into its setting. Developments which result in an over-development of a plot of site by virtue of density, scale or height will be resisted; f) levels, excavation and under-building – buildings on sloping sites should be set at level which will compensate excavation depth with unacceptable levels of visible under-build. Surplus materials from excavations should be landscaped to reflect the natural landform. Pre and post development levels and landscaping measures should be detailed on submitted plans; g) the amenity of neighbouring properties is considered in the siting and design of new development to ensure reasonable levels of amenity are retained in respect of noise, disturbance or lighting, overlooking and overshadowing. Development will not be supported where it will result in a significant impact on the amenity of neighbouring properties. 12.11 The turbines will be set back from the public road and the track leading to Langass Lodge Hotel. The hub height of the turbines is 18.5m, and the blade tip height is 22.5m, the tower will be galvanised steel and the hub and blades will be light grey in colour. 12.12 The nearest noise sensitive property is approximately 150m to the North-west of the mostly westerly turbine. The Comhairle’s Environmental Health Service has raised no concerns with regard to the siting of the turbine and has asked that the usual noise conditions be attached to the planning consent. The turbine is also sited more than the recommended distance of 10 times the rotor diameter from the house and therefore shadow flicker should not be an issue. It is considered that there should be no loss of amenity due to noise and shadow flicker as a result of the development. The application is assessed to be in compliance with this policy.
12.13 Policy 5 - Landscape Development proposals should relate to the specific landscape and visual characteristics of the local area, ensuring that the overall integrity of landscape character is maintained. The Western Isles Landscape Character Assessment (WI-LCA) will be taken into account in determining applications and developers should refer to Appendix 1 of this plan for a summary of this guidance. Development proposals in National Scenic Areas should satisfy the appropriate tests in Policy 28 Natural Heritage. Landscapes with the special qualities of ‘wild land character’ currently fall within the Remote Area classification of Policy 1 Development Strategy. 12.14 The site is within the Boggy Moorland 2 Landscape Character Type (LCT) as defined in the Landscape Character Assessment. The landform is simple and fairly flat with numerous small scale water bodies. There are occasional hills some of which rise quite steeply. 12.15 The Landscape Character Assessment advises that wind turbines would disrupt the pattern of land and water bodies not only in regard to the turbines but also to the tracks which would be imposed. The Assessment concludes that there will be limited areas away from key vistas or viewpoints that could accommodate small scale wind farms within this landscape. 12.16 SNH has published guidance on ‘Siting and Design of Small Scale Wind Turbines of between 15 and 50 metres in height’. This document advises that consideration should be given to the height of the turbine in relation to nearby structures and buildings and the turbine should not have an overbearing presence or dominate adjacent buildings. The document also advises that small scale turbines should be sited in the most appropriate location when viewed from a variety of viewpoints, including settlement, public roads and footpaths. The turbines when viewed from the Locheport township road, the A867 (when travelling towards Lochmaddy) and when walking north on the Hebridean Way will be seen against the backdrop of Ben Langass. Due to Ben Langass, and the landform to the west of the hill, there will be limited views of the development when travelling along the A867 from Lochmaddy. However, from some view points on the A867 from Clachan and from Sornach Coir’ Fhinn stone circle the turbines will be seen against the skyline. 12.17 The application site is not within or adjacent to a National Scenic Area. It is concluded that from the majority of viewpoints the proposed turbines will be viewed against a back drop of hills, with the main exception of the path leading to and views from the Sornach Coir’ Fhinn stone circle. On balance it is assessed that due to the scale of the turbines at this location the landscape in terms of natural heritage could accommodate the development. However separate comment is made under Policy 34 in relation to the impact on the Historic landscape. The application is assessed to comply with this policy in relation to natural heritage interests. 12.18 Policy 19 – Energy Resources The Comhairle will support proposals that contribute to meeting the targets and objectives of the National Planning Framework 2, the Climate Change Act, and the National Renewables Infrastructure Plan in relation to electricity grid reinforcement, infrastructure and renewable energy generation. Proposals for onshore renewable energy projects and oil and gas operations (including extensions to existing or proposed developments and land based infrastructure associated with offshore projects) will be assessed against the details below and be required to demonstrate all the following: a) appropriate location, siting and design including the technical rationale for the choice of site; b) no unacceptable adverse impact (including cumulative) on: landscape, townscape and visual aspects, natural, built and cultural heritage resources; the water
environment; peatlands; aviation, defence and telecommunications transmitting and receiving systems e.g. broadband; public health and safety, and amenity (including noise and shadow flicker as appropriate); neighbouring land uses, transport management and core paths; c) acceptable decommissioning and site reinstatement arrangements; 12.19 Policy 20 – Small and Micro-Renewables In addition to satisfying criteria (a) to (c) for Policy 19 (Energy Resources), micro generation renewable energy* proposals will be required to meet all the following criteria: a) the proposal does not have an unacceptable direct, indirect or cumulative impact on residential amenity; b) colour, form, finish and height are appropriate to the setting and are designed to minimise visual impacts and distraction; c) sufficient information is provided to enable a balanced assessment of any other likely effects of the development. The Comhairle will assess such proposals against the Supplementary Guidance for Wind Energy Development. *micro generation is the production of heat (less that 45 kilowatt capacity) and/or electricity (less than 50 kilowatt capacity) from zero or low carbon source technologies. 12.20 This is an application for the erection of three 10kW wind turbines, to the 30m south of a tree plantation at Langass Lodge Hotel. It is considered that the turbine design is simple and is considered appropriate to the siting and design. The colour, form, finish are appropriate to the setting. 12.21 The turbines are located approximately 150m from the nearest noise sensitive property. Due to the distance to the nearest noise sensitive property it is unlikely that there will be any loss of amenity due to noise or shadow flicker as a result of the development. There are no objections have been received with regard to safeguarding. Sufficient information has been provided to enable a balanced assessment of any other likely effects of the development. As discussed below Historic Scotland has objected to the proposal and it has been assessed that the development will have a significant adverse impact on the scheduled Barpa Langass, chambered cairn and Sornach Coir’ Fhinn stone circle 350m S of Ben Langass. As a consequence the application is not in compliance with Policy 19 (part b) and as a result of this does not comply with Policy 20. 12.22 Policy 34 - Archaeology Proposals that seek to protect, enhance and interpret nationally important monuments and other archaeological sites will generally be supported in line with the policy criteria. Development proposals adversely affecting nationally important remains and their settings will not normally be permitted… There is a presumption in favour of the preservation in situ of important monuments and their settings… 12.23 The application site is located approximately 690m to the south of Barpa Langass chambered cairn and 515m west of Sornach Coir’ Fhinn stone circle. 12.24 Barpa Langass is a prominent, large circular chambered cairn and is situated on the north-west slope of Ben Langass at 45m Above Ordnance Datum (AOD). The cairn dates to the Neolithic period (circa 4000BC to 2500BC). The monument measures 24m in diameter and 4m in height. Historic Scotland has advised that this monument is a good example of its kind.
12.25 Sornach Coir’ Fhinn stone circle was built on an artificial platform, on the relatively steep south side of Ben Langass at 20m AOD. The monument dates to the Neolithic (circa 4000BC to 2500BC)/ Early Bronze Age (circa 2500BC to 1800BC) and comprises of an oval stone circle measuring 37m E-W by 30m N-S. There are 24 upright slabs and boulders with a similar number of recumbent stones. There are two fallen stones which lie outside the circle on the south west. 12.26 Historic Scotland’s guidance on Setting (see Section 13.13 below) defines setting and what it incorporates; it includes views to and from monuments. Historic Scotland’s advice is that due to the elevated position of these monuments in the landscape and the good views out across the open landscape, the setting of these monuments extends out beyond to the wider landscape. Historic Scotland also advises that the stone circle monument is rare as it was built on an artificial platform which would suggest there was extra effort involved in constructing the platform which was undertaken to take advantage of these outward views. 12.27 The applicant has provided the photomontages following a request by Historic Scotland in their initial consultation response. The photomontages show that the proposed development will be clearly visible from the Sornach Coir’ Fhinn stone circle. While the applicant has advised that the development will not been seen from the chambered cairn, Historic Scotland has questioned the visibility of the development from this monument. Historic Scotland’s advice is that the setting of these monuments includes the wider landscape and it is their considered advice that the turbines will have an adverse impact on the setting of both Barpa Langass chambered cairn and Sornach Coir’ Fhinn stone circle. They have also advised that due to the importance and sensitivity of the monuments mitigation through reducing the height of the turbines or micro-siting will not remove their objection. The applicant has not submitted a Zone of Theoretical Visibility to confirm the extent of the turbines visibility from Barpa Langass and therefore while there is less clarity regarding the impact of the development on the views from the Barpa Langass chambered cairn, having carried out an assessment, it is concluded that the proposed development will be highly visible from the Sornach Coir’ Fhinn stone circle and the development will have a significant impact on the setting of the monument and would be seen in the same view from more distant viewpoints looking towards the Barpa. Taking into account Historic Scotland’s comments, the visibility of the development from the Sornach Coir’ Fhinn stone circle and the uncertainty of the potential impact on the Barpa Langass chambered cairn, it is assessed that the application does not comply with this policy. Outer Hebrides Local Development Plan Supplementary Guidance for Wind Energy Development 12.28 The total output capacity is under 50kW and will result in the erection of three turbines with a hub height under 20m. The development is therefore assessed to fall into the small scale category as set out in Table 1 of the Supplementary Guidance. 12.29 Policy 3 of the supplementary guidance states that micro generation development is required to be assessed against Policy 20 in the Local Development Plan and policies relating to siting, design, landscape and visual impact, natural and built heritage interests. 12.30 The issues relating to aviation, defence, design, landscape and visual impact interests have been discussed above and it is concluded the proposed development will not have a significant impact on these issues. 12.31 The application site is not within any natural heritage designations. The nearest natural heritage designation is the Mointeach Scadabhaigh Special Area of Conservation, designated for breeding populations of red and black throated divers, approximately 1.2km to the north. It is assessed that the proposed turbines will not impact on the integrity of the SAC. 12.32 In terms of residential amenity, the nearest house is approximately 150m north-west of the application site and it is considered that there will be no loss of residential amenity.
12.33 There are two Scheduled Ancient Monuments within 700m of the application site. As discussed above it is assessed that the proposed turbines will have an adverse effect on the setting of these monuments and therefore the application is not in accordance with Policies 19, 20 and 34 of the LDP and consequently does not comply with Policy 3 of the Supplementary Guidance for Wind Energy Development.
ASSESSMENT AGAINST THE DEVELOPMENT PLAN 12.35 The proposal is sited within the settlement of Langass and meets the criteria within the development strategy for developments within rural settlements. The development has been assessed to have no impact on the natural environment, safeguarding and will not result in a loss of residential amenity at the nearest residential properties. Historic Scotland has objected to the application due to the significant adverse impact on the scheduled Barpa Langass, chambered cairn (Index 892) and Sornach Coir’ Fhinn Stone circle 350m S of Ben Langass (Index No. 5125). Taking into account Historic Scotland’s comments, the visibility of the development from the Sornach Coir’ Fhinn stone circle and the uncertainty of the potential impact on the Barpa Langass chambered cairn , it is assessed tha t the application is not supported by Policy 19, Policy 20 and Policy 34 of the Outer Hebrides Local Development Plan. Having reviewed the provisions of the Outer Hebrides Local Development Plan as detailed above, the proposal does not accord with the Comhairle’s adopted Outer Hebrides Local Development Plan. MATERIAL PLANNING CONSIDERATIONS 13.1 Having carried out an assessment against the Development Plan, the Planning Authority requires to identify and consider relevant material considerations, for and against the proposal and assess whether these considerations warrant a departure from the Development Plan. The weight to be attached to any relevant material consideration is for the judgment of the decision maker. 13.2 The following are material planning considerations considered relevant to this planning application:
CLIMATE CHANGE AND ENERGY POLICY 13.3 Climate Change – Climate change is seen as the main challenge to deliver future development that is sustainable. The principal area of agreement concerns the urgent need to tackle greenhouse gas emissions. In Scotland it is the Climate Change (Scotland) Act 2009 that sets out the Government’s commitment to reduce greenhouse gas emissions and reduce Scotland’s vulnerability to the impacts of Climate Change. The Act introduces ambitious, world leading legislation to reduce emissions by at least 80% by 2050. 13.4 An increase in the amount of renewable energy generation (electricity and heat) as a means of reducing carbon emissions in support of efforts to tackle climate change is supported. The Scottish Government’s Climate Change Act sets a world-leading interim target for a 42% cut in emissions by 2020. SCOTTISH PLANNING POLICY 13.5 The Scottish Government’s key policy document on the operation of the Planning system is ‘Scottish Planning Policy’ (SPP), which was published in February 2010. This document provides a statement of the Scottish Government’s policy on nationally important land use planning matters. The treatment of any renewables application is guided by the framework set out in SPP. 13.6 SPP provides a positive framework to encourage the development of renewable energy technologies. It sets targets for the production of energy from renewable sources and the requirements for Planning Authorities to provide a spatial framework for onshore wind farms of over 20MW generating capacity. With specific reference to wind farm developments some key policy issues are raised in the SPP as noted below. 13.7 The general thrust of SPP, with regard to renewables is towards a positive approach and a clear focus on the Development Plan as the key means to guide development. Confirmation of the renewables targets for 50% of Scotland’s electricity to be generated
from renewable sources by 2020 and 11% of heat demand to be met from renewable sources. Although this has now been superseded by a further Ministerial Statement in September 2010 with an interim milestone of 31% by 2011. Similarly, a target has been set for renewables sources to provide the equivalent of 11% of Scotland’s heat demand by 2020: • Hydro and onshore wind is expected to continue to make the most significant contribution to the targets. 13.8 Paragraph 187 of Scottish Planning Policy (SPP) states that Planning Authorities should support the development of wind farms in locations where the technology can operate efficiently and environmental and cumulative impacts can be addressed. It goes on to state that the criteria, which will be considered in deciding applications, will vary depending on the scale of the development and its relationship to the characteristics of the surrounding area, but are likely to include amongst others landscape and visual impact, effects on the natural and built heritage. 13.9 While the SPP supports renewable energy the impact of the development on the built environment also has to be taken into consideration. Paragraph 118 of the Scottish Planning Policy (SPP) states that scheduled monuments are archaeological sites or structures of national or international importance. Development which will have an adverse impact on a scheduled monument or the integrity of its setting should not be permitted unless there are exceptional circumstances. 13.10 It is assessed that the proposed development would have an adverse impact on the setting of two scheduled monuments and there are no over-riding exceptional circumstances that would justify approval of the application and therefore the proposal is considered contrary to SPP. SCOTTISH GOVERNMENTS ONLINE ADVICE ON MICRO -RENEWABLES 13.11 The Government has produced online advice on micro-renewables to replace the previous guidance contained within PAN 45. This document sets out typical planning considerations in determining planning applications for micro-generation, this includes impact on landscape, communities - noise, shadow flicker; natural and built heritage, aviation and defence. These issues have been taken into account during the determination of this application and have been discussed in detail above. It is therefore considered that the development is contrary to the online advice on micro-renewables in respect of impacts upon the built heritage of the area. SCOTTISH HISTORIC ENVIRONMENT POLICY 13.12 Scottish Historic Environment Policy December 2011 (SHEP) sets out the Scottish Ministers’ policy for the historic environment, provides direction for Historic Scotland and a framework that informs day to day work for those who have responsibility for managing the historic environment. One of the key outcomes of the policy is ‘that the historic environment is cared for, protected and enhanced for the benefit of our own and future generations .’ The conservation of any part of Scotland’s historic environment includes ‘have regard to retaining, or where appropriate enhancing, the setting of the site, monument, building or landscape .’ MANAGING CHANGE IN THE HISTORIC ENVIRONMENT - SETTING 13.13 The Managing Change in the Historic Environment series of guidance notes explains how to apply the policies in the SHEP and SPP. This note sets out the principles that apply to developments affecting the setting of historic assets including scheduled ancient monuments. 13.14 The documents states that ‘setting should be thought of as the way in which the surroundings of a historic asset or place contribute to how it is experienced, understood and appreciated. Monuments, buildings, gardens and settlements were not constructed in isolation. They were often deliberately positioned with reference to the surrounding topography, resources, landscape and other monuments or buildings. These relationships will often have changed through the life of a historic asset or place .’ The document goes on to advise that the setting can involve a range of factors including
current landscape, prominence of the asset in views throughout the landscape, and views to, from and across the historic asset. 13.15 In determining a planning application ‘ thought must be given to whether new development can be incorporated sensitively. Depending on the nature of the historic asset or place, relatively small changes in the wider landscape may affect it setting .’ 13.16 The assessment of the proposed development should not be limited to key views to and from the monument, but should also assess the way in which the development would affect the ability to understand and appreciate the historic asset. 13.17 The document concludes that ‘where the assessment indicates that there will be a detrimental impact on the setting of a historic asset or place, there may be ways in which siting or design of the new development can be altered to remove or reduce the impact to a minimal level.’ 13.18 Taking in to account Historic Scotland’s guidance it is assessed that the proposed turbines will have a detrimental impact on the Scheduled Barpa Langass and Sornach Coir’ Fhinn Stone circle and mitigation through reducing the height of the turbines or micro-siting will not reduce this impact. VIEWS OF STATUTORY AND OTHER CONSULTEES 13.19 The views of statutory consultees and other consultees are defined as a material consideration in Circular 5/2013 Development Management Procedures. The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 requires Historic Scotland to be consulted if a development may affect the site of a scheduled monument or its setting. As discussed above Historic Scotland has objected to the proposal and has advised that mitigation through reduction in height of the turbines or micro-siting will not remove their objection. OTHER CONSIDERATIONS AARHUS CONVENTION 14.1 A representation was received on the grounds that that the Government’s National Renewable Energy Action Plan is not in compliance with Article 7 of the Convention. The Department of Energy and Climate Change has issued a statement saying ‘there is no formal role for the NREAP in planning decisions and on planning policy ’. Therefore this representation should not be taken into account during the determination of the application.
REPRESENTATIONS 14.2 Other issues raised in the representation included the inefficiency of turbines, land being sterilised to allow wind farms to be developed and the effect turbines have on the health and wellbeing of humans and animals. These issues are considered to be non-material and therefore do not merit refusal of the application.
PROCEDURE 14.3 As discussed above Historic Scotland is a statutory consultee. Circular 3/2009 Notification of Planning Applications requires that where there has been an objection from Historic Scotland and the Comhairle is minded to approve the development contrary to that advice, the Scottish Government is required to be notified before a decision can be issued.
CONCLUSION 15.1 The proposal is for the erection of three Aircon 10S 10kW wind turbines approximately 30m to the south of the small plantation at Langass Lodge, Isle of North Uist. The hub height of the proposed turbine is 18.5m and the blade tip height is 22.5m. The tower will be galvanised, the hub and blades will be light grey.
15.2 The nearest noise sensitive property is approximately 150m to the north-west of the application site and therefore the proposed turbine is unlikely to have a detrimental impact on the residential amenity of this property as a result of noise and shadow flicker.
15.3 The application site is not within any natural heritage designations but is close to the Mointeach Scadabhaigh SAC. It has been assessed that the proposal will not impact on the integrity of either of these designations.
15.4 However, due to the potential for significant adverse impact on the setting of the scheduled Barpa Langass, chambered cairn (Index 892) and significant adverse impacts on the setting of Sornach Coir’ Fhinn, stone circle 350m south of Ben Langass (Index No. 5125) and the fact that mitigation will not remove the concern, it has been assessed that the application is not in accordance with the Local Development Plan.
RECOMMENDATION AND REASONS 16.1 It has been assessed that the development will have a significant adverse impact on built heritage resources. Therefore, the application does not comply with Policy 19 - Energy Resources (part b), Policy 20 – Small and Micro-Renewables and Policy 34 - Archaeology of The Outer Hebrides Local Development Plan. For these reasons it is recommended that the application be refused.
APPENDIX 1
SCHEDULE OF REASONS FOR REFUSAL
Reason 1 The proposed development will be visible and a prominent feature in the landscape when viewed from the Sornach Coir’ Fhinn stone circle, an important Scheduled Ancient Monument and the development is assessed to have a significant adverse impact on the setting of this monument. This application therefore does not comply with Policy 19 – Energy Resources (part b), Policy 20 – Small and Micro-Renewables and Policy 34 – Archaeology of The Outer Hebrides Local Development Plan.
Reason 2 It is assessed that the development will likely have a significant adverse impact on the setting of Barpa Langass Chambered Cairn, an important Scheduled Ancient Monument. This application therefore does not comply with Policy 19 – Energy Resources (part b), Policy 20 – Small and Micro-Renewables and Policy 34 – Archaeology of The Outer Hebrides Local Development Plan.
APPENDIX 2
Location Plan
Site Plan
Elevations
Photomontage from Barpa Langass
Photomontage from Stone Circle
APPENDIX 3
Sent by e-mail to: [email protected]
Longmore House Salisbury Place Edinburgh Ms Hannah Morrison EH9 1SH Development Department Western Isles Council Direct Line: Balivanich Direct Fax: BENBECULA Switchboard: HS7 5LU Our Case ID: 201400087
16 April 2014 Dear Ms Morrison,
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 Wind Turbines at Langass Lodge Hotel, Isle Of North Uist, Western Isles
Thank you for your consultation of 27 March 2014 regarding the above development proposal.
We have considered it from our statutory remit and have the following comments to offer on heritage assets located in the vicinity of the development proposal which may be affected.
Historic Scotland’s position Historic Scotland object to the development proposal due to the significant adverse impact on the scheduled Barpa Langass, chambered cairn (Index No. 892) and Sornach Coir'Fhinn, stone circle 350m S of Ben Langass (Index No. 5125). Our detailed comments on this are included in the attached annex.
Your conservation and archaeological service will also be able to advise on any potential impacts on the historic environment.
I hope this response is of assistance to you.
Yours sincerely,
Nicola Hall Senior Heritage Management Officer, North Team
Annex
Heritage assets in the vicinity of the proposal
Barpa Langass, chambered cairn (Index No. 892) is a ‘Hebridean’ chambered cairn. These monuments date to the Neolithic and comprise a large circular cairn with a central chamber and a corbelled roof. Some of these are surrounded by upright kerb stones and/or have a forecourt area. The monument measures 24m in diameter and is 4m in height and is situated on the side of a hill on the NW slope of Ben Langass at about 45m OD. Evidence suggests that the northern flank of Beinn Langais was a focus for activity throughout the Neolithic period.
Sornach Coir'Fhinn, stone circle 350m S of Ben Langass (Index No. 5125) comprises a Neolithic/Early Bronze Age oval stone circle measuring 37m E-W by 30m N-S. It consists of 24 upright slabs and boulders together with a similar number of recumbent stones. Two fallen stones lie outside the circle on the SW. The monument was built on an artificial platform and it stands on a fairly steep slope on the southern flank of Ben Langass immediately to the N of Loch Langass at 20m AOD
Policy Position As you will be aware, Scottish Planning Policy (SPP) 2010 states that the location of historic features in the landscape and the patterns of past use are part of the historic environment. Decisions that have an impact on elements of this should be based on a clear understanding of the importance of the heritage assets (para 111). SPP also states that development which will have an adverse effect on a scheduled monument or the integrity of its setting should not be permitted unless there are exceptional circumstances (para 118).
Your Council’s Local Development Plan also has policies for the protection of heritage assets from development proposals including those for wind energy.
The Scottish Historic Environment Policy (2011) sets out Scottish Ministers’ policies for the historic environment. It states that ‘The context or setting in which specific historic features sit and the patterns of past use are part of our historic environment. The historical, artistic, literary, linguistic, and scenic associations of places and landscapes are some of the less tangible elements of the historic environment. These elements make a fundamental contribution to our sense of place and cultural identity’ (Section 1.2).
Our Managing Change in the Historic Environment: Setting Guidance (2010) explains how to apply the policies contained in the SPP and the SHEP and defines setting as ‘the way in which the surrounding of a historic asset or place contribute to how it is experienced, understood and appreciated’ (Section 2.1). It advocates a three stage approach: identify historic assets, define and analyse their setting and assess the impact of new development.
Impact of proposal on the setting of the heritage assets The proposal is for 3 x 22.5m wind turbines to be located near to the Langass Lodge Hotel above the 20m contour line. They would be c. 690m to the south of Barpa Langass and c. 515m west of Sornach Coir'Fhinn. www.historic-scotland.gov.uk In defining setting, our guidance states that monuments ‘were often deliberately positioned with reference to the surrounding topography, resources, landscape and other monuments’ (Section 2.2). It goes onto state that the ‘visual envelope, incorporating views to, from and
across the historic asset or place’ contributes to setting (Section 3.1).This is based on research which suggests that the landscape is a vital part of the experience of place. How a person moves through the landscape and approaches monuments in that landscape are important elements in understanding and appreciating them - both in the present, as well as in the past.
The location of ‘ritual’ monuments such as chambered cairns and stone circles often relates with good upland pasture, their commanding views over specific areas of land perhaps relating to different communities/territories, and their relationship with access routeways across and between different landscapes, both terrestrial and maritime. Although the form and layout of stone circles varies considerably across Britain and Ireland, many also incorporate alignments with landscape features, and some are aligned with movements of the sun and moon.
Barpa Langass chambered cairn is situated on the side of a hill on the NW slope of Ben Langass at about 45m OD. The monument is a good example of its type and a prominent feature in the landscape which is typical of the large and conspicuous chambered cairns on North Uist. Its setting includes its wide open views and its visibility within the landscape as a feature. Its location on the side of a hill and relationship with the modern road to the north (the A867) may suggest that one element of its setting is its relationship with a routeway into the heart of North Uist.
Sornach Coir'Fhinn stone circle is situated on the southern flank of Ben Langass at 20m AOD. Its setting includes it wide open views, especially from the SE through to the S and W to NW. Stone circles in North Uist such as this one date to the third millennium BC and represent an open and accessible monumental form which represents a departure from the more closed chambered cairns like Barpa Langass. It location in the landscape has similarities with Barpa Langass in that it is also located near to a routeway and is located on the side of a hill. In this case, the monument faces southwards and taking in wide views of the landscape both east and west and across Loch Langass and to distant landscape features. The monument is rare in that it was built on an artificial platform and this suggests that the extra effort involved in constructing the platform was undertaken to take advantage of these outward views.
Both monuments were deliberately located on the hill of Beinn Langais by the prehistoric people that made them. While we cannot be certain why exactly this was, it is reasonable to assume that their location on these slopes afforded good views out across the landscape, as well as elevating them in the landscape to observers moving through it. In our view, the setting of these monuments extends out beyond to the wider landscape.
The monuments are situated in an open, mainly treeless landscape which is currently devoid of industrial development. A key part of the setting of the monuments are their relationship with the landscape, including the outward views that can be obtained from them, the views than can be obtained towards them, and their relationship with each other and other monuments in the area. Although we generally consider that the monuments have a setting whether they are visited/promoted or not, in our view these monuments are widely appreciated and this adds to their significance as heritage assets of national importance.
We consider that the turbines will adversely impact on the setting of both Barpa Langass chambered cairn and Sornach Coir'Fhinn stone circle. There is a degree of uncertainty about how visible the turbines will be from Barpa Langass however. The photomontage states that turbine 1 is unlikely to be visible from the monument due to the intervening topography. We would note however that that this viewpoint has been taken from a location near to the
monument, not at the monument itself. We are also unclear how the turbines will impact on the monument when viewed from across the landscape, and from other stone circles and cairns towards the south.
We have some concerns about the photomontage produced from Sornach Coir'Fhinn as we are unclear about which focal length was used, and whether this is an accurate representation of how the turbines will look when viewed from the monument. If it is an accurate representation however, the turbines will be fully visible in our view and adversely impact on its setting, particularly in outwards views from the stone circle.
Historic Scotland’s position Taking all of the above into consideration, we object to the development proposal due to the significant adverse impact on the scheduled Barpa Langass, chambered cairn (Index No. 892) and Sornach Coir'Fhinn, stone circle 350m S of Ben Langass (Index No. 5125). We acknowledge that there is a degree of uncertainty about the potential impact on Barpa Langass chambered cairn. However we have concluded that we should take a precautionary approach in this case given the importance and sensitivity of the monument, its relationship with Sornach Coir'Fhinn stone circle and the lack of supporting information with the application in assessing impacts on the monument.
Because of the importance and sensitivity to change we attribute to the setting of these monuments, we do not consider this to be an appropriate location for this development. Therefore, we do not consider that this impact could be mitigated by either reducing the turbines in height, or by micrositing them.
Historic Scotland April 2014