DATA LABEL: PUBLIC

DEVELOPMENT AND TRANSPORT POLICY DEVELOPMENT AND SCRUITNY PANEL

CONSULATION RESPONSE ON A WIND FARM PROPOSAL AT HARBURNHEAD,

REPORT BY HEAD OF PLANNING AND ECONOMIC DEVELOPMENT

A. PURPOSE OF REPORT

The purpose of this report is to advise the Development and Transport Policy Development and Scrutiny Panel of the council’s role as a statutory consultee under Section 36 of the Electricity Act 1989 in respect of a proposal to construct a windfarm at Harburnhead, by West Calder, and to set out a response to that proposal.

B. RECOMMENDATION

It is recommended that the panel:

x notes that a windfarm proposal for a site at Harburnhead has been submitted to the Scottish Government; x notes that the scale of the windfarm requires it to be determined by the Scottish Government rather than by the council as planning authority; x notes that the council, as planning authority for the area of the proposal, is a statutory consultee; x notes that officers consider that the proposal will have unacceptable impacts on landscape and visual amenity; x notes that officers also consider that the proposal is unacceptable because of the cumulative impact of windfarms on, and adjacent to, the southern boundary of ; x recommends to the Council Executive that an objection to the proposal, as set out in the appendix to this report, is lodged; and x notes that if an objection is lodged, the Scottish Government will be obliged to hold a public inquiry to consider the proposal.

C. SUMMARY OF IMPLICATIONS

I Council Values Focusing on our customers' needs; being honest, open and accountable; making best use of our resources; and working in partnership.

II Policy and Legal (including The scale of the application means that it is Strategic Environmental determined under the Electricity Act 1989. The Assessment, Equality council’s response should be framed within the Issues, Health or Risk terms of the Town and Country Planning Assessment) () Act 1997, the Environmental Impact Assessment (Scotland) Regulations 2010 and the development plan for the area. 1 III Implications for Scheme of None. Delegations to Officers

IV Impact on Performance and None. Performance Indicators

V Relevance to Single Outcome 10 - We live in well designed Outcome Agreement sustainable places where we are able to access the services we need.

Outcome 12 - We value and enjoy our built and natural environment and protect it and enhance it for future generations.

VI Resources - (Financial, If the council objects to the proposal, it will have Staffing and Property) to be represented at a public inquiry. The cost of the council being represented will be managed within service budgets.

VII Consideration at PDSP This is the first time that a report on this proposal has been presented to PDSP.

VIII Other consultations None.

D. TERMS OF REPORT

D1 Background

Spanish based Enel Viento SL has submitted an application to the Scottish Government under the Electricity Act 1989 to construct a windfarm on land a Harburnhead, east of Reservoir in the south western part of West Lothian. The scheme, if approved, would see the construction of 20 wind turbines of up to 126m in height and two up to 119m in height to blade tip. Associated with the development would be a crane hard-standing for each turbine, a substation, a permanent mast, some 10km of on site access roads and underground cabling. The site measures around 9.5ha. and a further 0.75ha would be used for construction purposes. The site comprises, in the main, commercial forestry and, if approved, around 50% of the site would be restored to bog habitat and broad-leafed woodland, increasing its bio-diversity interests.

Annex I sets out a more detailed description of the proposal.

As a consequence of the capacity of the site, which would produce in excess of 50MW of electricity, authorisation is sought from the Scottish Government through Section 36 of the Electricity Act 1989.

A significant volume of representation has been received and this is summarised in Annex II.

Annex III is an assessment of the proposal in the context of local and national planning policy.

2 Annex IV is the terms of the suggested objection to the proposal.

Annex V is a location plan and proposed site layout.

This report sets out the planning considerations relative to the determination of the proposal and concludes by recommending that the council should object to the proposal.

The full set of documents relating to the proposal are available from Committee Services in the Civic Centre, or via the contact officer at County Buildings.

D2 Planning Considerations

The Development Plan, comprising the Edinburgh and the Lothians Structure Plan 2015 and the West Lothian Local Plan, contains policies that confirm that renewable energy schemes will be looked on favourably if the proposal is acceptable in planning terms, and does not give rise to unacceptable environmental effects, including cumulative landscape and visual impact. Against these tests, a number of schemes have been supported elsewhere in West Lothian.

The Section 36 application is accompanied by an environmental statement and a range of supporting material. Based upon the views of statutory consultees and officers’ assessment of these documents, the key material planning considerations for the council are the landscape and visual impact that the development would have, with particular regard to the ; the cumulative impact that the development would have when seen in the context of other operational, consented or planned schemes; the effects on the Harburn House designed landscape; and aviation matters.

D3 Landscape and Visual Impact

The applicant has carried out an extensive assessment of the impact that the proposed windfarm would have. The assessment, framed by an understanding of the area’s landscape characteristics, is important in assessing these impacts.

The applicant’s ES refers to the 1998 Lothian Landscape Character Assessment. However, a more recent study, the draft ‘Landscape Capacity Study for Wind Energy’ was reported to members in October 2011. The terms of this study are a material consideration in framing the council’s response. Within the 2011 study the proposal is located in landscape character area 2 (ii) and that study comments that the area has a medium sensitivity in landscape character terms. The site and its surrounding area is characterised by openness and is of a large scale. In particular, the study notes that there are extensive views northwards from the A70; it is located adjacent to the A70 which is a principal sensitive route and the area is seen as not having any potential for wind energy development for these reasons.

It is also important to note that the site is adjacent to the designed landscape around Harburn House which is of local significance. Overall the council’s 2011 study concludes that the landscape of this part of West Lothian has little or no capacity to accommodate a windfarm of this scale. The boundary of the site is around 300m from the Pentland Hills Area of Great Landscape Value (AGLV).

3 Scottish Natural Heritage (SNH), the statutory consultee with responsibility for landscape matters, considers that the proposal will result in significant adverse landscape and visual impacts. In essence, SNH considers that the scale of the proposal is not in keeping with the pattern of existing windfarm development here and that it would impact unacceptably on the views of those who enjoy the scenic beauty and relative remoteness of the Pentland Hills. To SNH the impact of the development could be lessened by a reduction in the size of the site. The applicant has sought to rebut the views of SNH and a copy of that correspondence is available in the application file.

The applicant’s environmental statement contains a series of photographs that detail the landscape and visual effects of the development. For example, when seen from Cobbinshaw Reservoir, the proposal would interrupt wide open views to the Pentland Hills. A further example of the very intrusive nature of the scheme is seen from the viewpoint on the A70, adjacent to the council boundary, where the development would transform currently open and sweeping views of east central Scotland. Similarly, albeit at a greater distance, when looking westwards from the A70 at Harperrig, the scheme would introduce visual intrusion in close proximity to the Pentland Hills AGLV.

It is important to have regard to the effects of the development on settlements close by in South . The proposal would be particularly noticeable from the area at and Woolfords.

In summary, the landscape of West Lothian around Cobbinshaw is an area characterised by open vistas which provides a setting for the more sensitive landscapes of the Pentland Hills. It is visible from a principal route (the A70, from popular local outdoor recreation facilities and from the designed landscape of Harburn House. The substantial landscape change that would be brought about by the proposal would be unacceptable in landscape and visual terms.

D4 The Pentland Hills

In responding to the proposal it is important to recognise the impact that the development would have on the landscape setting of the Pentland Hills. The Pentland Hills are recognised by SNH as being one of the few areas of ‘wild land’ in the central belt and a landscape feature of primary importance.

The site is within 300m of the designated Pentland Hills Area of Great Landscape Value (AGLV) and just over 1km from the boundary of the Pentland Hills Regional Park. The proposal will give rise to significant adverse effects on landscape character and visual amenity across the western edge of the Pentland Hills Regional Park and AGLV. It will bring very intrusive development to within 300m of an area protected for its landscape qualities. When viewed from summits of the western Pentland Hills, it will undermine the undeveloped upland setting of the hills and it will intrude into unspoilt views of the hills.

The site, and its surrounding area, acts as a transitional landscape between the more urban central parts of West Lothian and the wilder Pentland Hills and, if the development was to proceed, the undisturbed characteristics of the area would be compromised. Overall, the applicant’s assessment of the impacts of the development on the Pentland Fringe area in which it is located is that it would have a ‘high’ magnitude of change in places such as Woolfords, Pearie Law and parts of West Calder, by the Harburn/Camilty plantation and between Crosswood and Tarbrax, having a significant effect on the landscape.

4 In terms of the effect on the Pentland Hills themselves, it is the officers’ view that the applicant’s assessment underplays the impacts that the development would have, arguing it would only be significant over the western part of the range. Nevertheless, here it would have a locally adverse impact on the landscape character of the area. To SNH the development would have a significant adverse effect on the views from West Cairn Hill. Friends of the Pentlands and Scotways, the Scottish Rights of Way and Access Society, object because of the effects of the proposal on the enjoyment of walkers in the Pentland Hills.

Members should note that the Scottish Government recently dismissed an appeal for a windfarm in the Pentland Hills at Harrows Law in , some 6km south of the current proposal. Here the reporter stated that the Pentland range forms a single massif some 30km long. The reporter took the view that “the whole massif dominates in views from the surrounding countryside as well as from the A70”, and that “The whole massif creates its own distinctive skyline which is visible over an extremely wide area and forms an undeveloped, contrasting and apparently wild backdrop to the surrounding domesticated, agricultural and settled fringe landscape”.

D5 Cumulative Impacts

Harburnhead is one of several windfarms proposed in south-west West Lothian and the adjoining north-east part of South Lanarkshire. A Section 36 application at Fauch Hill, some 5km east of the site was opposed by the Council Executive on 25 June. The final determination of that proposal rests with Scottish Ministers. A planning application for six turbines at Pearie Law, adjoining the site to the north, is currently being determined. South Lanarkshire has a proposal for a three turbine extension at Muirhall windfarm, west of Tarbrax. Further proposals are to be submitted for Camilty and Hunters Well that are east and south east of the current site respectively.

If each proposal were to proceed the scenically attractive and presently undeveloped area of the northern and north-west Pentland fringe would be transformed into a large scale industrialised landscape.

Cumulative effects are the additional changes caused by a proposed development in conjunction with other similar development or the combined effects of a set of developments taken together. The assessment of cumulative effects is a key part of the determination of this application. To the applicant, cumulative effects are not significant.

At the present time, the windfarm presence in this part of western West Lothian is characterised by the smaller sites at Pates Hill, and Muirhall in South Lanarkshire. If the current proposal was to proceed, in isolation and/or with Fauch Hill and Pearie Law, there would be an unacceptable cumulative effect on the landscape, an effect heightened by the sensitivity and limited capacity of the landscape.

D6 Harburn House Designed Landscape

The grounds of Harburn House are one of four sites in West Lothian included in the national Inventory of Garden and Designed Landscapes and are located around 500m east of the site of the proposed windfarm. Historic Scotland has concerns that the layout of the scheme will have an adverse effect on the designed landscape, as well as the Roman Fort at Castle Greg. The applicant’s case is largely reliant on the screening afforded by existing trees. Historic Scotland is of the view that, the contrast between the distinctive character of the Harburn House designed landscape and the close proximity of the windfarm will create an adverse impact on the setting of the Harburn House designed landscape.

5 D7 Community Benefit

Members should be aware, in coming to a view on this consultation response, that paragraph 186 of Scottish Planning Policy (SPP) confirms that the delivery of community benefit is not a material planning consideration and thus should play no part in the consideration of the planning implications of the development unless it accords with all of the tests set out in Circular 1/2010 ‘Planning Agreements’. Those tests, which are not all met in this case, are as follows:-

x to make the proposed development acceptable in planning terms; x serve a planning purpose and, where it is possible to identify infrastructure provision requirements in advance, should be relevant to development plans; x relate to the proposed development either as a direct consequence of the development or arising from the cumulative impact of development in the area; x fairly and reasonably relate in scale and kind to the proposed development; and x be reasonable in all other respects. In other words, the Section 36 application must be assessed on its planning merits; members should not take into account any offer of community benefit in coming to a view on this consultation.

E. CONCLUSION

The development of a wind farm at Harburnhead, with a capacity of between 50MW and 63MW could assist in meeting the Scottish Government’s targets for renewable energy. From an assessment of the application that has been submitted, it is concluded that the site is capable of being developed with minimal effect on ecology, ornithology, noise, transportation and the water environment. Technical objections have been received by the Scottish Government from British Airport Authority (BAA) and Kirknewton Flying Club.

From the council’s perspective, however, it is the landscape and visual impact of the development that is of a significant concern, as set out in the previous sections of this report. The area around Cobbinshaw is one of the most unspoilt tracts of countryside in West Lothian, and this quality is elevated because of the role it plays in the setting of the Pentland Hills. A windfarm of the design, size and location proposed would introduce an alien feature into the south-western part of West Lothian, adversely affecting the landscape and visual characteristics as set out above. It will breach the principles of landscape protection as set out in the development plan and Scottish Planning Policy.

If the development were to proceed, 22 moving turbines up to a height of 126m would be seen as an unacceptable intrusion from key viewpoints including from within the Pentland Hills Regional Park, the A70, Cobbinshaw Reservoir, the Harburn House designed landscape and numerous other sensitive receptors in the vicinity.

F. BACKGROUND REFERENCES

Harburnhead Environmental Statement and associated documents

West Lothian Local Plan

Edinburgh and the Lothians Structure Plan 2015

6 Scottish Planning Policy

West Lothian Landscape Character Assessment 2011

Appendices Annex I The proposed development Annex II Representations and consultations Annex III Planning policy assessment Annex IV Proposed Objection Annex V Proposed Layout

Contact Person: Chris Norman, Development Management Manager [email protected]; 01506 282412E

Steve Field Head of Planning and Economic Development

Date of meeting: 23 August 2012

7 Annex I: The proposed development

The proposed 22 turbine windfarm at Harburnhead, by Cobbinshaw, will comprise of the construction of 20 wind turbines up to 126m in height and a further two turbines of a height of 119m. For construction and maintenance purposes a crane pad will be formed adjacent to the turbines. In addition a substation/control building would be constructed, along with some 10km of access tracks and underground cabling.

The layout of the site is indicated in a plan attached to this report. The array of turbines has been determined to a substantial degree by the depth of peat that exists on the site.

The closest residential property is at Harburnhead, some 600m from turbine 8 and adjacent to the point where access to the site would be taken.

To facilitate development, much of the existing poor crop of commercial forestry will be removed. A habitat management plan would be implemented to encourage around 50% of the undeveloped parts of the site to revert to its original raised bog habitat. Elsewhere, following the installation of the wind turbines, some 50% of the site will be planted as native woodland. The company would have in place an environmental management plan, including archaeological provisions, to be implemented during the construction phase.

There is no detail of the means of connecting the site to the grid and this will require to be subject to a separate application. It is, however, anticipated by the developer that connections would be via an underground cable to Livingston.

During the operational stage of the development the site would be controlled remotely and the employment created would equate to one full time worker for the operational life of the development, with the equivalent of two full time workers being present on site for maintenance purposes.

It is proposed that the site would be operational for around 30 years and would take some 15 months to construct, commencing in 2014. A bond would be in place to ensure that there is sufficient funding to allow for decommissioning which would take around nine months to complete.

A feature of the Harburnhead proposal is the habitat restoration and associated beneficial effects on bio diversity and ecology especially given its location adjacent to Cobbinshaw Moss Site of Special Scientific Interest. This includes the restoration of bog vegetation and broad-leafed ‘wet’ woodland in place of the current commercial coniferous plantations. Additionally, there would be a beneficial effect on hydrology associated with management of the peat mass, in turn leading to improved water quality downstream and with consequent benefits from carbon storage.

Full details of the scheme, including its construction, are set out in the environmental statement and accompanying documents that are available from Committee Services or the case officer.

8 Annex II: Representations and Consultations

In coming to a view on the Section 36 consultation on Harburnhead windfarm members should be aware of the extent and content of consultation responses and public representation. Key statutory consultees include Scottish Natural Heritage, the City of Edinburgh Council, Historic Scotland, and SEPA. The following is a brief summary of the consultation responses received by Scottish Government on the proposals. Copies of representations and consultations received are available from Committee Services or the case officer.

Scottish Natural Heritage (SNH) has ‘serious concerns’ about the significant adverse landscape and visual impacts that would arise from the scheme, as submitted, but acknowledge that the general principle of developing a windfarm here is acceptable. Specifically, SNH is of the view that the current scheme is not in keeping with the scale of windfarm development in the area and it would impact unacceptably on the views of the scenic beauty and relative remoteness of the Pentland Hills.

Setting aside the serious landscape and visual concerns, to SNH the habitat proposals would have a positive benefit for the ecological value of the site; the management of peat and the separation distance between the development and the adjacent Cobbinshaw Moss site of special scientific interest (SSSI) is acceptable. According to SNH, the development of the windfarm would not adversely affect the integrity of Westwater Reservoir special protection area in the Scottish Borders, although an appropriate assessment will be required from Scottish Government.

The City of Edinburgh Council, as an adjoining local authority, has objected on the grounds that the development would have a detrimental impact on the integrity of the landscape, visual and recreational resources of the Pentland Hills Regional Park and the Pentland Hills AGLV.

The Scottish Environment Protection Agency (SEPA) does not object to the application provided appropriate conditions are applied to any consent for the development and hence the development is acceptable in terms pollution prevention, environmental management, decommissioning, flood risk, affect on peat lands and the water environment.

The council’s Environmental Health service considers that the development would give rise to a potentially significant increase over the background noise environment at sensitive receptors at Harburnhead and South Cobbinshaw and further work is required to ensure that there will not be a negative impact at Harburnhead.

The council’s Transportation service has no objections to the proposal.

Historic Scotland has concerns about the effects of the development on the scheduled ancient monument at Castle Greg and the historic landscape at Harburn House in that it would create an adverse impact on the setting of the designed landscape.

Scotways, the Scottish Rights of Way and Access Society, object because of the effects of the proposal on the Pentland Hills and its enjoyment by those seeking outdoor recreation there.

Friends of the Pentlands have submitted an objection, concerned about the effects of the development’s visual impact; its adverse effects on the Pentland Hills Regional Park and the wider area of the Pentland Hills; views from the A70; and the cumulative impact of windfarms in this part of West Lothian and South Lanarkshire.

9 West Calder and Harburn Community Council expresses concern about the Section 36 application on the grounds that there is an absence of a robust planning framework to protect this part of West Lothian; that there is no firm guidance to direct windfarms to particular locations; that the development could have an adverse effect on outdoor recreation; and that there could be adverse health impacts caused by the noise impacts of the development.

Tarbrax Community Council is concerned about the cumulative impact that the development would have as well its effects on wildlife, noise, shadow flicker and roads and infrastructure. Visit Scotland stresses the importance of Scotland’s scenery and natural environment as important tourist attributes and draws attention to the effect of the development on outdoor recreation interests at Cobbinshaw and Harburn Golf Club.

British Airports Authority, on behalf of Edinburgh Airport, has objected, given that the turbines would create ‘clutter’ on the screens of air traffic controllers at Edinburgh Airport. A mitigation solution has been identified but no firm agreement is in pace at this time. Kirknewton Flying Club has objected because of aviation safety concerns in relation to the operation of Kirknewton airfield. There are no objections from NATS En Route or the Ministry of Defence in terms of aviation safeguarding.

Forestry Commission Scotland is broadly supportive of the proposals, but has a number of detailed comments that are able to be overcome by conditions or agreements.

The Scottish Government has received some 967 letters in support of the application and 511 objections. The support comprises, in the main, a standard letter submitted by the broader community.

Comments have been made in relation to the development’s effects on fisheries that are able to be overcome by monitoring, or by conditions

10 Annex III: Planning policy assessment

In coming to a view on the Section 36 consultation response, the council will require to have regard to the development plan and Scottish Government policy and guidance. For the reasons set out below, it is concluded that the proposal conflicts with the development plan and Scottish Government policy and guidance.

International and national energy policy

There is an extensive legislative context that requires an increase in renewable energy to combat climate change, reflecting international, UK and Scottish Government commitments. This is summarised in section 1.4 of the environmental statement. In June 2011, the Scottish Government published its ambitious plans to increase the amount of renewable energy generated in Scotland to a level of 100% by 2020. This target is to be achieved “without sacrificing proper considerations on the impacts of the local environment.” The development proposed at Harburnhead, if it were to proceed, would contribute to meeting these targets.

National planning framework

The National Planning Framework 2 (NPF2), published in June 2009, guides Scotland’s development up to 2030 and sets out strategic development proposals to support sustainable economic growth. Part of this national planning policy is to develop Scotland’s renewable energy potential while safeguarding the environment and communities. Sustainable economic growth requires a planning system that enables economic growth but protects and enhances the quality of the natural environment as an asset for that growth. At paragraph 145, NPF 2 confirms that “The aim of national planning policy is to develop Scotland’s renewable energy potential while safeguarding the environment and communities”. While the development would assist in meeting the Government’s targets, as set out in this report, it does not safeguard the environment.

Scottish Planning Policy

Scottish Planning Policy (SPP), published in February 2010, is a statement of the Scottish Government’s policy on nationally important land use planning matters. In confirming the importance of the development plan, SPP contains extensive statements on land use planning matters including renewable energy (paras 182 to 191), and landscape and natural heritage (para 125 to 148). As a consultation on a Section 36 application, members should have regard to the terms of Scottish Planning Policy in coming to a view on the proposal.

Scottish Planning Policy confirms that renewable energy generation will contribute to more secure and diverse energy supplies. The status of the development plan and any supplementary planning guidance is underscored at paragraph 185. Key factors are confirmed as the relationship of the proposal to the surrounding area, including landscape, the historic environment, natural heritage and the water environment, amenity and any cumulative effects that may arise.

Paragraph 187 of SPP confirms that support for windfarms ought to be given where the technology can operate efficiently and environmental and cumulative effects can be assessed.

11 In accordance with SPP, the key matters that require to be assessed are:

x the landscape and visual impact;

x the impact on the recreational interests of Pentland Hills Regional Park; and

x cumulative impacts.

Each of these topics is discussed elsewhere in the terms of the report and, against this policy background, it can be clearly demonstrated that the development at Harburnhead does not accord with Scottish Planning Policy.

SPP recognises the importance of the landscape of Scotland as an internationally recognised resource. The Harburnhead site is outwith the locally designated Pentland Hills Area of Great Landscape Value (AGLV), the closest turbine being some 1.2km from the boundary of the locally important AGLV designation. It is important that, in accordance with SPP, the siting and design of development should be informed by local landscape character. Specifically, in the context of Harburnhead, SPP advises that the most sensitive of landscapes may have little or no capacity to accept new development.

In accepting that the site is outwith the designated AGLV boundary, it must be noted the Pentland Hills are acknowledged by SNH as comprising ‘wild land’, one of the few tracts of such a designation in Central Scotland. It is a locally important AGLV and coterminous with the Pentland Hills Regional Park. The Harburnhead scheme is in very close proximity to the boundary of the designated area. The construction of 22 moving turbines up to 126m in height, together with access roads and ancillary development, for a period of 30 years is in conflict with Scottish Planning Policy on landscape and natural heritage.

This is underscored by the commitment in SPP to the need for the development plan to be a key determinant in assessing development proposals in landscapes sensitive to inappropriate development.

In summary, the proposed development at Harburnhead is in conflict with Scottish Planning Policy.

Other Scottish Government web based guidance

In February 2011, the Scottish Government published specific web-based guidance on the best practice on renewable energy developments. This advice includes information on on-shore wind turbines, windfarm developments on peat land, and typical planning considerations.

The Development Plan.

The Edinburgh and the Lothians Structure Plan

The Edinburgh and the Lothians Structure Plan was approved in June 2004 and is a material consideration in the consideration of this proposal. An overarching component of the structure plan is to maintain and enhance the area’s quality of life as defined by the natural and built environment and to protect the natural environment from inappropriate or damaging development.

Whilst there are no national and international designations that are affected by the Harburnhead proposals, nevertheless, policies ENV 1C and ENV 1D are the key environmental protection policies of the structure plan against which the development must be assessed. 12 The nearest turbine is around 850m from the Harburn House designed landscape. As confirmed by Historic Scotland, the proposed Harburnhead development, by virtue of its large scale and vertical elements, will create an adverse impact on the setting of the designed landscape. This will be exacerbated as existing woodland cover dies, adversely affecting the character, appearance and setting of the Harburn House designed landscape, contrary to Policy ENV 1c.

As discussed in the report and confirmed in the environmental statement, the development would have a ‘significant’ effect on the Pentland Hills Area of Great Landscape value and, in turn, on the Pentland Hills Regional Park, so much so that the overall character and setting of the designated area would be compromised. It would seriously undermine the landscape and visual qualities of the Pentland Hills Area of Great Landscape and diminish the enjoyment of the Pentland Hills Regional Park. The objectives and overall integrity of the Regional Park and the Area of Great Landscape Value will be compromised and the socio-economic benefits that would arise from the development and the contribution it will make to the Government’s renewable energy targets, will not outweigh these adverse effects, contrary to policy ENV 1D of the Structure Plan.

Policy ENV 6 requires local plans to set out the policy criteria for renewable energy. As set out below, the proposal is contrary to this policy.

The proposal is contrary to the Edinburgh and the Lothians Structure Plan 2015.

The West Lothian Local Plan (WLLP)

In the context of the Harburnhead proposal, it is important to assess the development against the landscape protection polices of the plan and those relating specifically to renewable energy.

Landscape protection

The Harburnhead site is coterminous with the Pentland Hills Area of Great Landscape Value (AGLV). An assessment of the proposal in terms of landscape and visual amenity and its impact on the AGLV and more distant Regional Park is contained in the environmental statement and summarised in this report. The applicant’s own assessment concludes that there will be a significant effect on the western parts of these two important landscape and countryside components, an effect that diminishes eastwards.

The Pentland Hills area of great landscape value and the Pentland Hills Regional Park

To be in accordance with the development plan, development requires to be “strictly regulated” to prevent a reduction in the qualities for which the AGLV was so designated. The plan recognises the northern and western slopes of the Pentlands are widely visible over long distances. The WLLP acknowledges that the setting of the Regional Park is very sensitive to change since the park boundaries do not include the full range of hills. It is within this setting that the proposal would be sited. Extant countryside policies in West Lothian and especially ENV 20 will apply, as will the policies in chapter 11 on wind farms.

The proposal is contrary to policy ENV 20 of the WLLP.

13 Chapter 11 of the WLLP specifically refers to the Pentland Hills and its value for landscape and outdoor recreation. In accordance with the plan, any proposal that would affect the character, visual integrity or recreational qualities of the Park is unlikely to be supported; proposals that would undermine the qualities of the regional park and the wider Pentland Hills will be resisted.

The proposal is contrary to policy NWR 22 of the WLLP.

There is a general presumption against renewable energy developments that would undermine the landscape and visual qualities of the area of great landscape value for which the area has been designated.

The proposal is contrary to policy NWR 23 of the WLLP.

The WLLP sets out preferred areas for windfarm development and specifically excludes the Harburnhead site.

The proposal is contrary to policy NWR 29 of the WLLP.

Historic Scotland acknowledges that the proposal will have an adverse effect on the nationally important designed landscape at Harburn House.

The proposal is contrary to policy HER 22 of the WLLP.

Cumulative Impact

There is an extensive interest for onshore development in this part of West Lothian and adjoining land in South Lanarkshire. The seven turbines at Pates Hill have been operational since 2009; the planning application for Peerie Law may well be determined later in 2012; initial plans for a windfarm at Camility are now at the scoping stage; there is interest to the south of Harburnhead at Hunter’s Well; In South Lanarkshire, it is proposed to extend the Muirhall site by three additional turbines.

Paragraph 11.90 of the WLLP cautions against cumulative impact.

A set out in paragraph 11.97, the proposal is part of several schemes that will give rise to an adverse cumulative landscape and visual impact if it were to proceed.

The proposal is contrary to policy NWR 27 of the WLLP.

14 Annex IV: Proposed Objection

1) The proposal is contrary to the development plan, the Edinburgh and the Lothians Structure Plan 2015 Policy ENV 1D , insofar as the landscape and visual impact of the proposal would compromise the objectives and overall integrity of the Pentland Hills Regional Park and the Pentland Hills Area of Great Landscape Value and that the social and economic benefits to be gained from the proposed development do not outweigh the adverse environmental impacts nor the adverse effects on the enjoyment of the Regional Park. 2) The proposal is contrary to the development plan, the Edinburgh and Lothians Structure Plan 2015 Policy ENV6, insofar as the development of renewable energy resources at the site cannot be achieved in an environmentally acceptable manner. 3) The proposal is contrary to the development plan, the West Lothian Local Plan Policy ENV 19, insofar as the development would have significant adverse effects on the landscape character and appearance of the adjacent Pentland Hills Area of Great Landscape Value. 4) The proposal is contrary to the development plan, the West Lothian Local Plan Policy ENV 20, insofar as the scheme is not environmentally acceptable and the criteria set out in the Local Plan cannot be met. 5) The proposal is contrary to the development plan, the West Lothian Local Plan Policy NWR22, insofar as it would affect the character, visual integrity, and recreational qualities of the Pentland Hills Regional Park and the wider area of the Pentland Hills in West Lothian. The applicant has not conclusively demonstrated that the integrity of the landscape and outdoor recreational facilities are not adversely affected. 6) The proposal is contrary to the development plan, the West Lothian Local Plan Policy NWR23, insofar as the proposal would undermine the landscape and visual qualities of the Pentland Hills Area of Great Landscape Value. 7) The proposal is contrary to the development plan, the West Lothian Local Plan Policies HER12 and HER22, insofar as the development would adversely affect the setting and views from Castle Greg Roman Fort and the Harburn House designed landscape to an unacceptable degree. 8) The proposal is contrary to Scottish Planning Policy insofar as it could give rise to unacceptable cumulative effects of windfarms on the northern fringes of the Pentland Hills including those operational at Muirhall, South Lanarkshire and Pates Hill , West Lothian; and those proposed at Camility, West Lothian; Fauch Hill, by Colzium, and Peerie Law, West Lothian. 9) The proposal is contrary to Scottish Planning Policy (SPP), insofar as its landscape and visual impact cannot be minimised to the extent that it continue to display the disbenefits set out in paragraph 187 of SPP. 10) The amount of renewable energy generated by the development of a windfarm at Harburnhead, whilst in accordance with the Scottish Government’s climate change targets, does not satisfy a range planning policy criteria given in particular the location of the site and its setting and the highly intrusive and negative effects that the development would have on the wild, empty and iconic landscape of the Pentland Hills and their setting, the scheduled ancient monument at Castle Greg and the Harburn House designed landscape.

15