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PURPOSE of REPORT Since the Application Has Been the Subject of a Formal Objection from a Statutory Consultee That Would Trigger

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PURPOSE of REPORT Since the Application Has Been the Subject of a Formal Objection from a Statutory Consultee That Would Trigger 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.
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