Planning and Environmental Appeals Division Report to the Scottish Ministers TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 Report by Keith Bray and Dan Jackman, reporters appointed by the Scottish Ministers Case reference: PPA-130-2064 Site Address: Clachaig Glen Windfarm, land north east of Muasdale, Argyll, PA29 6UZ Appeal by E.ON Climate & Renewables UK against the decision by Argyll and Bute Council Application for planning permission, ref. 16/01313/PP dated 18 May 2016, refused by notice dated 21 September 2017 The development proposed: erection of 14 wind turbines and associated infrastructure Dates of inquiry and hearing sessions: January 8 to 10, 2019 and January 22 to 24, 2019 Date of this report and recommendation: 14 October 2019 Planning and Environmental Appeals Division 4 The Courtyard, Callendar Business Park, Falkirk, FK1 1XR DX 557005 Falkirk www.gov.scot/Topics/Planning/Appeals CONTENTS Page Summary Report 3 Preamble 7 Chapters 1. Background 9 2. Policy Context 18 35 3. Landscape and Visual Impact 4. Economic Benefit, Tourism and Recreation 68 5. Residential Amenity 73 78 6. Ecology and Ornithology 7. Other Relevant Matters 86 8. Combined Impacts 95 9. Conditions 97 10. Overall Conclusions and Recommendations 100 Appendices Appendix 1: Links to Public Inquiry Documents Appendix 2: Appearances at the Public Inquiry Appendix 3: Proposed Conditions Agreed by Appellant and Council Appendix 4: Argyll and Bute Council Appropriate Assessment Appendix 5: Recommended Planning Conditions PPA-130-2064 2 Planning and Environmental Appeals Division Summary of Report into Recalled Planning Appeal The erection of 14 wind turbines (13 with a blade tip height of up to 126.5 metres and one with a blade tip height of up to 115.5 metres), upgrading of permanent access, formation of site access tracks, erection of permanent anemometer mast, control building and substation, watercourse crossings and temporary construction compound, at land north east of Muasdale, Clachaig Glen, Kintyre, Argyll Case reference PPA-130-2064 Case type Recalled planning permission appeal Reporters Keith Bray and Dan Jackman Appellant E.ON Climate and Renewables UK Planning authority Argyll and Bute Council Other parties West Kintyre Community Council RES Limited Date of application 18 May 2016 Date case received by DPEA 20 December 2017 Methods of consideration and Written submissions 23 January 2018 dates Unaccompanied site visits 19 and 20 February 2018 Appeal recalled by Scottish Ministers 22 March 2018 Conjoined Pre-Examination Meeting 3 July 2018 Unaccompanied site visits on 2, 3, 4 July 2018 Written submissions 9 July 2018 Inquiry sessions 9, 10, 22 and 23 January 2019 Conjoined Hearing sessions 8 and 24 January 2019 Accompanied site visits 11 and 23 January 2019 Unaccompanied site visits on 7 May 2019 Date of report 14 October 2019 Reporter’s recommendation Approve subject to planning conditions PPA-130-2064 3 The proposal The proposed development is 14 wind turbines. The anticipated installed electrical capacity would be up to 47.6 megawatts. Of the 14 turbines, 13 would have a blade tip height of up to 126.5 metres and a hub height of up to 80 metres. The remaining turbine would have a blade tip height of up to 115.5 metres with a hub height of up to 69 metres. The proposal would involve upgrading the permanent access at the Killean Estate junction from the A83, the formation of site access tracks, the erection of a permanent anemometer mast, control building and a substation, together with watercourse crossings and a temporary construction compound. An area of approximately 113.95 hectares of woodland would require to be felled. Site description The appeal site is located in Argyll and Bute on the Kintyre peninsula, approximately 20 kilometres north of Campbeltown. The site boundary is approximately 1.8 kilometres north east of the small settlement of Muasdale, with the lower parts of the site known as Clachaig Glen. The site occupies an area of approximately 12.59 square kilometres, with the predominant current land use being commercial timber production. The site is not within any national environmental designations. However, a number are present within the surrounding area. Consultations and representations A range of consultees had no objections; in some cases that was subject to conditions. A small number of consultees did not submit a response to the council. South Knapdale Community Council object on the grounds of visual and landscape impact, including cumulative impacts. Scottish Natural Heritage did not object to the proposal. They highlighted a number of concerns regarding adverse landscape, visual and cumulative impacts. Scottish Natural Heritage were satisfied with the nature conservation implications of the proposal and that there would be no adverse effect on the Kintyre Goose Roosts Special Protection Area. The Royal Society for the Protection of Birds did not object. They expressed some concerns that the potential impacts have been underestimated. The Royal Society for the Protection of Birds also advised that three turbines should be relocated and habitat management undertaken. No objection was received from Historic Environment Scotland. Historic Environment Scotland did however have a concern over impacts on the setting of Dunan Muasdale, dun. Scottish Environment Protection Agency initially objected on the grounds of a lack of information regarding forest waste. On 22 August 2018 Scottish Environment PPA-130-2064 4 Protection Agency clarified that their objection was removed subject to a condition requiring the submission of a construction environmental management plan. Consultees did not have any objection with regard to aviation matters, subject to the implementation of specific conditions. The Killean wind farm applicant has not objected to the Clachaig Glen proposal. A total of 11 representations were received by the council in response to the planning application, eight of which raised objections to the proposal. The grounds of objection include: planning policy; landscape and visual impacts; ornithological and ecological impacts; archaeology; impacts on tourism and recreation; flood risk and drainage; noise and health impacts; a preference for alternatives; inconsistency with previous decisions; and, impacts on private water supplies. Case for the appellant The proposal accords with national and local policy; both renewable energy and planning policy. It has comparatively limited environmental impacts, none of which are unacceptable. The undoubted benefits of the proposal outweigh any of the limited adverse landscape and visual impacts. Case for the council Combating climate change and generating electricity from renewable sources is important. Reaching government targets related to these matters is also important. However, the proposal would have adverse landscape and visual impacts (including cumulative) of such a scale that the scheme is contrary to the development plan and is not sustainable development. If balanced against factors in its favour the impacts mean that consent should be refused. Case for West Kintyre Community Council The scheme would have adverse landscape and visual effects (with cumulative impacts) including on the seascape, core paths, the long-distance walk of the Kintyre way, the Island of Gigha, the Knapdale peninsula and the surrounding area. The proposal would have a damaging effect on the tourism economy including on the Kintyre Way long distance walk. Residents are concerned with the potential for flooding and impact on local private water supplies. Reporters’ conclusions Clachaig Glen wind farm would contribute to Scottish Government targets for increasing generation of electricity from renewables and reducing carbon dioxide emissions. We conclude that the proposal should be considered acceptable in terms of its landscape and visual impact, including cumulative impacts. Subject to the use of PPA-130-2064 5 our recommended planning conditions, we do not find any other unacceptable environmental impacts. The proposal accords overall with the relevant provisions of the development plan and would benefit from the Scottish Planning Policy presumption in favour of development that contributes to sustainable development. There are no other material considerations which we consider would justify the refusal of planning permission. Recommendations We recommend that planning permission be granted, subject to the satisfactory completion of an appropriate assessment as set out at Chapter 6, paragraph 6.62, and subject to conditions listed in Appendix 5. This recommendation is made irrespective of whether Scottish Ministers consent the Killean wind farm or not. PPA-130-2064 6 Scottish Government Planning and Environmental Appeals Division 4 The Courtyard Callendar Business Park Callendar Road Falkirk FK1 1XR DPEA case reference: PPA-130-2064 The Scottish Ministers Edinburgh Ministers In accordance with our minutes of appointment dated 27 March 2018, we conducted a public inquiry in connection with a planning appeal for the construction and operation of a wind farm at land north east of Muasdale, centred around Clachaig Glen, Kintyre, Argyll. This appeal was recalled to enable it to be considered alongside a nearby proposed wind farm at land on Killean Estate, Kintyre Argyll (WIN-130-3) which is before the Minister for Energy, Connectivity and the Islands under Section 36 of The Electricity Act, and to allow Ministers to consider the potential cumulative impacts. We were