Agenda 6.10 Item Report PLS/098/19 No HIGHLAND COUNCIL Committee: South Planning Applications Committee Date: 4 December 2019 Report Title: 18/01564/S36: Coire Glas Pumped Storage Ltd. At Coire Glas, North Laggan. Report By: Area Planning Manager – South Purpose/Executive Summary Description: Revised Coire Glas Pumped Storage Scheme. Ward: 11 - Caol and Mallaig. Development Category: National - Application under Section 36 of the Electricity Act Reason referred to Committee: Recommended to raise no objection All relevant matters have been taken into account when appraising this application. It is considered that the proposal accords with the principles and policies contained within the Development Plan and is acceptable in terms of all other applicable material considerations. Recommendation Members are asked to agree the recommendation to Raise No Objection to the application as set out in Section 5 of the report. 1. Background 1.1 The application was originally reported to the South Planning Applications Committee in October 2018 following a site visit where Members agreed to raise no objection to the application subject to conditions. Further Members highlighted to Ministers that they felt that the project was likely to impact significantly on the local and trunk road network and there was opportunity to see long term improvements to both networks arising from this development proposal. The original report to committee and the letter submitted to the Energy Consents Unit are attached as an appendix to this report. Members will note that the Letter to Energy Consents Unit includes the correction made in relation to the response from Spean Bridge, Roy Bridge and Achnacarry Community Council. 1.2 In the process of assessing the application, further information was submitted to the Energy Consents Unit on matters of peat soils and the peat landscape in response to the “Checking Report” prepared by AM Geomorphology on behalf of the Scottish Ministers. This included a request for information on matters related to the Peat Landslide Hazard Report. As required by the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017, the Energy Consents Unit were required to consult relevant bodies on the submitted information. This report presents the Council’s position on the revised information. 2. Proposed Response 2.1 The Checking Report prepared on behalf of the Scottish Ministers identified 7 recommendations. These are summarised as follows: i. Requirement to provide further commentary on the desk study and work sections; ii. The need to provide additional information on data used to identify deep peat near the access track; iii. A request for further probing or a justification for the lack of eat probing at the access road near Borrow Pit 3; iv. Provision of clarification related to the resolution used and source identified for the digital terrain model used in the stability risk and slope plan; v. Clarification on why some areas of ‘medium’ stability risk ratings have not been assessed further; vi. Additional analysis or specific mitigation required to take account of the effects of peat storage and excavation detailed in the areas of significant hazard; vii. The need to carry forward good practice measures relating to peat stability into the Peat Landslide Hazard Risk Assessment. 2.2 The applicant has provided a response to each of the above matters and has either undertaken further assessment work to support their position or made commitments to make modifications to the documents that will guide the construction process. 2.3 Matters of Peat Landslide Risk were considered in paragraphs 9.53 - 9.57 of the original report to Committee. Whilst the Scottish Environment Protection Agency recommended that The Highland Council response included a need for the provision of a final Peat Management Plan, no further conditions were recommended on peat landslide risk. If the Peat Management Plan condition continues to be applied and peat landslide risk is appropriately managed though the Peat Management Plan, the proposal would continue to accord with national and local policy. 3. CONCLUSION 3.1 While the impact on peat and management of peat during construction are related and important, the matter of peat landslide risk was not a significant determining factor in the response of the Council to the application in October 2018. It is not considered that the clarification provided by the applicant in response to the matters raised by AM Geomorphology on behalf of Scottish Ministers would lead to a change that would affect the compatibility of the proposal with the development plan or the previously stated position. 4. IMPLICATIONS 4.1 Resource: Not applicable 4.2 Legal: Not applicable 4.3 Community (Equality, Poverty and Rural): Not applicable 4.4 Climate Change/Carbon Clever: Not applicable 4.5 Risk: Not applicable 4.6 Gaelic: Not applicable 5. RECOMMENDATION Action required before decision issued N It is recommended that the Council raise no objection to the application, subject to conditions previously submitted to Scottish Minsters as contained within Appendix 2 of this report. Designation: Area Planning Manager – South Author: Simon Hindson, Team Leader Background Papers: Documents referred to in report and in case file. Appendix 1 – Report to South Planning Applications Committee 23 October 2018 Agenda Item Report No HIGHLAND COUNCIL Committee: South Planning Applications Committee Date: 23 October 2018 Report Title: 18/01564/S36: Coire Glas Pumped Storage Ltd. At Coire Glas, North Laggan. Report By: Area Planning Manager – South Purpose/Executive Summary Description: Revised Coire Glas Pumped Storage Scheme. Ward: 11 - Caol and Mallaig. Pre–Determination hearing: No Pre meeting Site Visit: Yes (19 Oct 2018) Reason referred to Committee: Section 36 application and Community Council Objection All relevant matters have been taken into account when appraising this application. It is considered that the proposal accords with the principles and policies contained within the Development Plan and is acceptable in terms of all other applicable material considerations. Recommendation Members are asked to agree the recommendation to Raise No Objection to the application as set out in Section 12 of the report. 1. INTRODUCTION 1.1 The proposal is a “national development” but not one advanced under Town and Country Planning (Scotland) Act 1997. The application requires determination by Scottish Ministers under Section 36 of the Electricity Act 1989. However, if approved, Scottish Ministers will issue a Direction under Section 57(2) of the Town and Country Planning (Scotland) Act 1997 that deemed planning permission be granted for the development. 1.2 Consent for abstraction, diversion and use of water for generating electricity is also being sought under Section 10(5) and Schedule 5 of the Electricity Act 1989. This requires licences from Scottish Environmental Protection Agency (SEPA) under the Water Environment (Controlled Activities) (Scotland) Regulations 2006 (CAR). 1.3 The Council at this stage is a consultee on the proposed development. Should the Council raise an objection to this Section 36 application, Scottish Ministers will be required to hold a Public Local Inquiry on the proposed development. 2. PROPOSED DEVELOPMENT 2.1 Scottish Ministers granted consent to construct and operate a 600MW (megawatts) hydro-electric pumped storage scheme at Coire Glas. The current application seeks to increase the generating capacity of the consented project. The revised scheme proposes a maximum generating capacity of up to 1,500MW with an energy storage capacity of up to 30GWh (Gigawatt Hours). 2.2 The primary function of the proposed development would be to extract, store and release energy to or from the electricity transmission system as required to help balance supply and demand for power at a national scale. The principal components of the development are as follows: - • Dam and Upper Reservoir - on Loch a' Choire Ghlais. • Upper Control Works - An intake tower, screens, gate and gate shaft located within the upper reservoir to direct water into the headrace tunnel and underground waterway system; • Underground Waterway System - underground caverns and tunnels carrying water between the upper reservoir and lower reservoir, through the underground cavern power station; • Cavern Power Station - A series of underground caverns containing reversible pump-turbines and motor-generators together with associated equipment such as transformers and switchgear; • Surge Shaft - A surge shaft would be required to respond to the fluctuations in pressure within the tunnels; • Ventilation Shaft - A ventilation shaft would be required to circulate fresh air through the underground access tunnel and cavern power station complex; • Lower Control Works - two screened inlet / outlet structures and stop logs, positioned at the end of the tailrace tunnel below minimum water level. These structures would channel water in and out of Loch Lochy; • Jetty - Constructed on the shore of Loch Lochy to facilitate use of the Caledonian Canal system for the transport of heavy equipment and materials, and the removal of tunnel spoil; • Administration building - An above ground administration and workshop building required for day to day operational and maintenance tasks; • Access Tunnels - A main access tunnel and an emergency access tunnel would be provided for accessing the underground power plant, close to the shore of Loch Lochy; • Access tracks –