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Appendix a Moray Council Response to Consultation

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Appendix a Moray Council Response to Consultation APPENDIX A MORAY COUNCIL RESPONSE TO CONSULTATION ISSUED BY SCOTTISH GOVERNMENT ON APPLICATION FOR S.36 CONSENT FOR PROPOSED WIND FARM DEVELOPMENT AT CAIRN DUHIE (MORAY COUNCIL REFERENCE 13/02066/S36) INTRODUCTION RES UK & Ireland Ltd (the applicant) has applied for consent under Section 36 of the Electricity Act, 1989 as amended to construct and operate a proposed wind farm development at Cairn Duhie. The application includes a request that planning permission be deemed to be granted under Section 57(2) of the Town and Country Planning (Scotland) Act, 1997 as amended. The application will be determined by the Scottish Ministers. The proposed wind farm development is located within the administrative boundary of the Highland Council (THC). The Moray Council (TMC) is the neighbouring local planning authority to the development. Through the Scottish Government‟s Energy Consents & Deployment Unit (ECDU), the Scottish Ministers have consulted and invited TMC (and others) to comment on the proposal. The Proposal Consent is sought for a proposed wind farm development at Cairn Duhie, a development with an expected operational life of 25 years from the date of first commissioning. The estimated construction period is approx. 28 months. The development includes: 20 wind turbines with a capacity of up to 60MW; each 3-blade wind turbine has a maximum height of up to 110 m (to blade tip, with 90 m rotor diameter) and a power rating of up to 3MW; at each turbine, external (low to medium voltage) transformer and related switch gear enclosures (approx. 7 x 4 x 3 m, and grey/green in colour); permanent hardstanding areas and temporary lay-down areas (approx. 1200 and 1100 sq m respectively) to be provided at each turbine location for use by cranes erecting turbines; a sub-station compound (approx. 65 x 73 m (max.)) to include a L-shaped grid connection building (approx. 12.6 x 12.7 x 4.8 m + 20.4 x 16.6 x 10.6 m) and a control building (approx. 13.9 x 32.4 x 5.5 m); all cabling to be undergrounded between each turbine and the on-site sub- station. The point of connection for the development into the grid system is currently unknown; a temporary construction and commissioning compound (approx. 80 x 50 m) with car park, and a temporary storage area; associated ancillary works including engineering operations and turbine foundations, and on-site sustainable drainage system (SUDS) works; one permanent, free-standing (non-guyed), steel lattice, wind monitoring mast (70 m high + 2 m high lightning rod); one telecommunication mast (10 m high) located adjacent to sub-station compound; six temporary guyed meteorological masts (70 m high + 2 m high lightning rod), arranged in three pairs (one at turbine location and one approx. 200 m upwind); new site entrance to be formed onto the A939 road. All construction traffic including abnormal load delivery vehicles to gain access to the site from road network within THC area; road widening works to facilitate access of abnormal load vehicles are proposed outwith the site and along the A939; new access tracks (approx. 6 m wide) with turning head to be provided within the site to connect the turbine locations/layout (approx. 10.3 km in length). together with tree felling on site, landscaping and ecological enhancement proposed including replacement planting and a habitat management plan; a 50 m micro-siting allowance is sought for all proposed infrastructure to avoid encroachment on any environmentally sensitive buffer area; for decommissioning, a restoration plan is to be prepared towards the end of the operating life of the development; Application accompanied by an Environmental Statement (ES), a Planning Statement (PS), a Design & Access Statement and a Pre-application Consultation report. The Site The site is fully within the THC area and stops short of the THC/TMC local authority boundary to the south and east by approx. 250 m and 20 m respectively. The latter boundary is marked by a post and wire fence. The site is approx. 1.5 km to the south-east of Ferness (to nearest turbine) and bordered to the west by the A939 and by forestry plantations to the north. 275kV overhead transmission lines on steel pylons traverse the northern part of the site (Appendix B). The site boundary for the development contains an area of approx. 666 ha dominated by a mixture of degraded bog and heath habitats with localised wooded areas and scattered trees. The total land take is approx. 1.58% (or 10.52 ha) with a further approx. 0.32% (or 2.1 ha) disturbed during construction. The site includes Cairn Duhie, at 312 mAOD (at highest point), a low conical hill with land sloping down from it in all directions. The lowest point of the site is 200 mAOD at its northern edge. Beyond the site, the land slopes towards the incised River Findhorn valley to the north and north west, and to the east towards the Dorback Burn valley before rising up to the Knock of Braemoray. The site is relatively open and devoid of built structures but enclosed by the Hill of Aitnoch (and Lochan Tutach) and Knock of Braemoray to the south and east, and coniferous plantations to the north. The broad valley of Anaboard Burn to the south east allows open views towards the site. The site is within a transitional area subject to the influence of the more open/remote moorland and summits to the east and south including Dava Moor, and the lower lying and managed, often forested, landscape to the north. The site is visible from elevated locations and roads nearby, including Knock of Braemoray and the A939 and A940. Apart from some features of archaeological interest which occur on the site, there are no international or national landscape and nature conservation designations, or Scheduled Monuments, Listed Buildings, Conservation Areas or Inventory Historic Battlefield or Garden and Designed Landscapes, or core paths, public rights of way or residential properties on the site. Several of these designations occur within the wider area including the Drynachan, Lochindorb and Dava Moor Scenic Landscape Area (SLA) (approx 2 km to the south) and the Dava Way, approx. 3 km to the east. The nearest property outwith the site is approx. 1.1 km away (from the nearest turbine). The site is located within the “Open Uplands” landscape character type (LCT) as defined within the Moray & Nairn Landscape Character Assessment (1998, by SNH and others). At the THC/TMC boundary, this LCT extends into the TMC area. Within Moray, the A940 road is identified as a key scenic approach and the Knock of Braemoray is the nearest landmark hill to the site (approx. 2.7 km distant). The land area bordering the TMC/THC boundary is not identified as an „Area of Search‟ for wind turbine development (TMC Supplementary Planning Guidance: Moray On- shore Wind Energy (2013) (MOWE) and the Moray Wind Energy Landscape Capacity Study (2012) (MLCS) refer). Policy The site lies fully within the THC area. The provisions of the Highland-wide Local Development Plan (HLDP) (adopted 2012) including Policy 67 “Renewable Energy Development” and associated interim guidance on on-shore wind energy are relevant. TMC development plan policy, in particular policy ER1 and associated material considerations i.e. MOWE and MLCS has some but lesser relevance because it does not cover the geographic area of the development site. Planning History 20 September 2013 – Scoping Opinion for proposed Cairn Duhie Wind Farm issued by Scottish Ministers. Annex 1 to the Opinion incorporates comments provided by TMC. 13/00841/SCO – TMC response to Scoping Opinion report dated 17 June 2013. Representations A number of representations have been submitted to the ECDU. (All representations submitted to TMC have been forwarded to Scottish Ministers for their consideration). Consultations (undertaken internally within relevant TMC Services/Sections only) TMC Transportation – From the supporting information, the extent of the Transport Study area does not appear to include any roads within Moray therefore, no comments to make. Should there be a need for abnormal deliveries/construction traffic to access the site via the local road network within Moray, the Transport Study Area needs to be amended to reflect this and Transportation be re-consulted. The right is reserved to comment further if that is the case. TMC Environmental Health Contaminated Land - No further information/action. TMC Environmental Health - No objections subject to rating level of noise immission not to exceed wind speed values (as specified) at any dwelling; wind farm operator/developer to record wind speed and direction and address complaints alleging noise disturbance, vibration and shadow flicker; construction activity hours to be restricted to 0700 - 1900 hours, Monday – Friday and 0700 - 1600 hours, Saturdays (unless otherwise agreed); blasting times to be restricted (as specified); and ground vibration not to exceed peak particle velocity (as specified). (Note: From “Good Practice Guide to the Application of ETSU-R-97 for the Assessment and Rating of Wind Turbine Noise” (May 2013) (Institute of Acoustics), the term “noise immission” is defined as “noise to which a receiver is exposed”.) TMC Moray Access Manager – This is a remote site with no existing paths or access routes. Current access taken is informal involving low numbers of people across rough moorland. Public access is not a major issue for this development. The new vehicle access tracks will provide sufficient additional public access opportunities provided all gates allow non-vehicle users to access the site. TMC Development Plans – the proposal is contrary to the aims of Policy ER1 of the Moray Local Plan 2008 and the MOWE and MLCS. (Note: The appraisal of landscape and visual effects has also been informed by comments from the Council‟s consultant landscape architect which are incorporated into this report).
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