Inquiry Into an Application Under Section 36 of the Electricity Act 1989 to Construct and Operate a Wind Farm South of Strathy, Caithness

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Inquiry Into an Application Under Section 36 of the Electricity Act 1989 to Construct and Operate a Wind Farm South of Strathy, Caithness INQUIRY INTO AN APPLICATION UNDER SECTION 36 OF THE ELECTRICITY ACT 1989 TO CONSTRUCT AND OPERATE A WIND FARM SOUTH OF STRATHY, CAITHNESS Directorate for Planning and Environmental Appeals reference: WIN-270-2 PROCEDURE NOTICE 1 - NOTE OF MATTERS AGREED AT OR ARISING FROM THE PRE-EXAMINATION MEETING HELD AT 10.00 AM, WEDNESDAY 28 JANUARY 2015 IN THE STRATHY COMMUNITY HALL, STRATHY Introduction 1. The inquiry is being held in connection with the application lodged under section 36 of the Electricity Act 1989 by SSE Generation Limited, to construct and operate a wind farm comprising 39 x 135 metre high wind turbines and associated access tracks, buildings and infrastructure to the south of Strathy, Caithness. 2. The Scottish Ministers have appointed J Alasdair Edwards MA (Hons) MRTPI, a reporter in the Directorate for Planning and Environmental Appeals (DPEA), to conduct the inquiry and report to them on his conclusions and recommendation. 3. The pre-examination meeting related to discussing the procedural arrangements for the above application. This note is a “procedure notice”. Those present 4. A list of those attending the pre-examination meeting is provided in Annex 1. The approach to the inquiry 5. There are no statutory rules relating to Electricity Act cases. The 1997 Town and Country Planning (Inquiry Procedures) (Scotland) Rules have previously been applied, by analogy, with all the evidence presented at an inquiry being subject to formal cross-examination. In 2009 the provisions of the Planning ect. (Scotland) Act 2006 came into effect. These changed and modernised the way in which the DPEA deal with planning appeal cases and planning applications called in by the Scottish Ministers for their own determination. Amongst other things, these changes were intended to ensure that the procedures adopted in appeal and called-in cases are proportionate and efficient, and that the process is transparent and fair. 6. The DPEA is now seeking to apply the spirit of this new approach to a wider range of case work, including cases such as this which are proceeding under section 36 of the Electricity Act 1989. To that end, the DPEA published a Code of Practice for handling inquiries under the Electricity Act updated in 2012. The code is available on the DPEA website at: http://www.scotland.gov.uk/Topics/Built- Environment/planning/Appeals/whatwedo/othercasework/electricityactcases/CoP or on request from the DPEA office. 7. Parties were in agreement that the approach outlined in the Code of Practice should be adopted for this inquiry. South of Strathy Wind Farm (WIN-270-2) – Pre-Examination Meeting Note 8. The approach provided for in the code allows more flexible procedures to be adopted at this type of inquiry. In particular, it means that each issue identified for consideration can be dealt with by the most appropriate mode of examination, such as an inquiry session, a hearing session, or further written submissions. These procedures are desirable where it is necessary for the reporter to gather further information on an issue, or to have the evidence of parties explored or tested. On some issues, there will be sufficient information in the material already lodged, and no further procedure will be required. 9. All consultation responses and letters of representation already lodged will be taken into account by the reporter in preparing his report on the application. The type of further procedure being followed, or the absence of it, does not affect the importance of a particular issue or the weight to be attached to it. That will be decided by the reporter during the preparation of the report, and thereafter by Scottish Ministers in their determination. The main issues to be addressed 10. Parties agreed that the main issues that need to be considered in preparing the report are: Consistency with national policy, the development plan, and other policy considerations. Ornithological impacts. Salmon and Sea Trout impacts. Impacts on other species. Peat impact. Important plan life impact. Woodland felling and management. Alkaline leaching and silting of waterways (water quality). Tentative Flow Country World Heritage Site impacts. Landscape and visual impact, including cumulative impact. Wild land. Access. Economic benefits / dis-benefits. Carbon balance. Public water supply. Historic environment. Air safety. Telecommunications. Possible conditions and any legal agreements if consent is granted. South of Strathy Wind Farm (WIN-270-2) – Pre-Examination Meeting Note Choice of procedure 11. The reporter set out his preliminary views on procedures before the pre- examination meeting. These were discussed at the meeting, along with a further exchange with Mr Kelly acting on behalf of Wildland Limited Northern Estates and the John Muir Trust (who could not attend the meeting). 12. All parties agreed to an inquiry session on ornithological impacts. 13. There was a debate about the procedure regarding peat impact as this could be dependent on the level of agreement between parties and the technical information submitted. It was agreed that parties would work to holding an inquiry session on this matter but that a hearing session could be held if the matters provided within the inquiry statements are not unduly complex or technical, and if there were substantial areas of agreement. The reporter will notify parties should the process change and a hearing session be required. 14. All parties agreed to hold hearing sessions on any conditions and legal agreement to be attached should the application be permitted. 15. The local community councils and the applicant were keen to hold a hearing on economic benefits / dis-benefits. Acting on behalf of his clients, Mr Kelly submitted that this matter could be dealt with by further written submissions. The reporter has resolved that a hearing should be held on this matter but that parties can submit and rely on their hearing statement (as a written record which will be taken into account within the report to Scottish Ministers) without attending the hearing session should they wish. 16. There was also debate about the need for a hearing session on policy matters. On this issue, the reporter has resolved to retain the policy hearing session but will inform parties if there is to be change in the process following the submission of an agreed statement on policy matters by parties (see details below). The reporter will inform parties in advance of the date required for hearing statements. 17. Although the reporter’s preliminary view was that hearing sessions may be required for matters concerning wild land, landscape and visual impact (including cumulative impact), salmon and sea trout impacts, woodland felling and management, alkaline leaching and silting of waterways, and important plant life, parties agreed that these could all be dealt with by means of further written submissions. 18. It was further agreed that the matters of carbon calculation and access could be dealt with by further written submissions. 19. The reporter noted at the meeting that there were areas of overlap between the matters. For example, the impacts on woodland felling and management and alkaline leaching and silting of waterways could impact on salmon and sea trout matters. Similarly, woodland felling and management could relate to ornithological and peat matters. The reporter will seek the information he requires to best inform Scottish Ministers in this case. Any matters of overlap can be accommodated. South of Strathy Wind Farm (WIN-270-2) – Pre-Examination Meeting Note Having reviewed the submissions the reporter considers that matters of woodland felling and management and alkaline leaching and silting of waterways can be dealt with effectively under the salmon and sea trout and peat matters. 20. A list of procedures and those participating in each procedure is set out in Annex 2. For efficiency, unless otherwise indicated, it was agreed that Jim Johnson would be the main contact for the community councils and residents in support who wished to participate (Bettyhill, Strathnaver and Alnaharra Community Council, Strathy and Armadale Community Council, Simon Lee, Callum Mcleod, Janette Mackay, and Joyce Campbell). 21. As noted at the meeting, there is no useful purpose served by repeating a position that is adopted by one of the main parties. Any duplication would be immediately apparent upon receipt of the inquiry or hearing statements. The reporter will chair the oral sessions to ensure that evidence was not repeated. There would therefore be a significant risk of abortive work by anyone objecting to the proposal and adopting the same position as Scottish Natural Heritage or RSPB Scotland, or supporting the scheme and adopting the same position as the appellant. Consequently, should any party now wish to step-back from proceedings and rely on their written representations (which will be taken into account) then they should inform the DPEA office within 14 days of the date of this note. Further Written Submissions 22. Further written submissions allow an exchange of information on matters specified by the reporters. The reporter requests a response from the identified parties (see Annex 2) on the following matters: Further written submission 1: Salmon and Sea Trout impacts Assessment of the baseline study. Whether the monitoring proposed is sufficient. Impacts from leaching and woodland management on fish. The adequacy of proposed mitigation and buffer zones. Further written submission 2: Impact
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