THIS REPORT RELATES STIRLING COUNCIL TO ITEM 6 ON THE AGENDA PLANNING PANEL PLANNING REGULATION & WASTE 9 MARCH 2010 NOT EXEMPT ERECTION OF NINE WIND TURBINES, PERMANENT 70 METRE WIND MONITORING MAST, CRANE HARDSTANDINGS, NEW INTERNAL ACCESS TRACKS, CONTROL BUILDING, BORROW PITS AND CAR PARKING AREA AT LAND AT LING HILL NORTH WEST OF EARLSBURN WIND FARM, FINTRY - RDC SCOTLAND LTD - 08/00104/DET 1 SUMMARY 1.1 This report considers the proposal for further development of nine wind turbines at Linghill (known as Earlsburn North), located to the north-west of the existing Earlsburn Windfarm (known as Earlsburn) development of fifteen wind turbines on the adjacent Hart Hill. The issues raised by the Application are the Development Plan policy on wind energy, consultative draft supplementary planning guidance on wind energy, visual impact on the Gargunnock Hills escarpment, effects on the setting of Stirling Castle and other monuments, the effect on the River Endrick as a Special Area of Conservation, the effect from the turbine blades on bird population, and Community Council representations/support. The Application is contrary to the Development Plan and consultative draft supplementary planning guidance on wind energy which is local planning policy in preparation and therefore requires a decision at Planning Panel. 2 RECOMMENDATION 2.1 Refuse for the following reasons: 1. The proposal is contrary to Structure Plan policy ENV16(1) in that: (a) the location of the turbines in relation to the Gargunnock Hills escarpment, an ‘Exclusion Area’ in terms of the policy, is such that the purpose of the ‘Exclusion Area’ in conserving landscape character is compromised; and (b) the location of the turbines in relation to the setting of Stirling Castle is such that the purpose of the ‘Exclusion Area’ in conserving the historic heritage is compromised. N:\DEMSUPP\NEWDECISIONS\PLANNING PANEL\REPORTS\2010\PP20100309ITEM06RDCSCOTLAND.DOC 2. The proposal is contrary to Structure Plan policy ENV16(4) in that the relationship of the whole proposal to established wind farms, developments under construction and other proposals that are currently the subject of undetermined applications would result in an adverse affect on amenity by reason of cumulative visual impact. 3. The proposal is at variance with the findings of the Council's Landscape Sensitivity Study for Wind Energy Development (adopted by the Council as a material consideration for the determination of relevant Planning Applications) and so not in conformity with consultative draft Supplementary Planning Guidance for wind energy, based on it, because: (a) In accordance with PAN 45 Annex 2 the SPG identifies 'Areas of Significant Protection' where wind farms will not be supported. The proposal falls within an 'Area of Significant Protection' by virtue of the assessment that its cumulative impact with existing wind farms would be unacceptable in landscape terms; and (b) the Study and the SPG indicate that there is considered to be no capacity for wind turbines of any size range above 20 metres in relation to distinctive hill edges and iconic landscape features, and none for turbines of more than 50 metres in relation to landscape scale (as defined in the Study). 4. The proposal is contrary to Structure Plan policies ENV 6(2) and (3) relating to the protection of listed buildings and schedule ancient monuments and their settings, and Local Plan policies E45 and E47 in that a number of the proposed turbines will have skyline impacts in westward views from the castle. The addition of these turbines on the horizon to the already visible blade tips from the existing Earlsburn North windfarm will significantly increase the field of view affected, giving rise to a moderate - major impact on the setting of Stirling Castle. 5. The proposal is contrary to Policy ENV2 of the Structure Plan which seeks protection for designated landscapes of national and local value. The site is within an AGLV, defined in the Local Plan, where the Structure Plan expects that development will only occur if "it can be accommodated without adversely affecting the overall quality of the designated landscape”. The Landscape sensitivity and capacity study for wind energy development finds that this would not be the case. 6. The proposed development conflicts with safeguarding criteria set out by the NERL consultation reply which has been the subject of a technical and operational assessment. The consultation response refers to the potentially effected Radar on Lowther Hill. The radar safeguarding assessment reveals that the windfarm development is located within an area where there is insufficient terrain shielding from the Primary Radar Service at Lowther Hill. Due to the large dimension of the wind turbines and the distance from the radar it is anticipated that the reflected power from the wind turbines will be of adequate value to be directed by the radar and consequently generate false plots. A reduction in the radar’s probability of detection, for real targets, is also expected. In view of the technical and operational assessment by NERL, the approval of the Application would not be in the best interests of air traffic safety and activity. 3 CONSIDERATIONS The Site 3.1 The area lies to the north of the B818 roadway; east of the B822; south of the A811; and west of the M80 and M9 motorways. The upland site is used for grouse moor in the northern and central portion and for sheep grazing to the south. Burnfoot Cottage is a derelict building in the southern most part of the site and there are no occupied buildings on the site. The site is approximately 591ha, consisting of an undulating ridge crossing roughly north to south with an area extending to the east, which accommodate the eastern most ridgeline. There are several burns which cross the site, which generally drain to the south. The highest point in the site is 412m AHD at Ling Hill in the southern portion of the site. The Proposal 3.2 The main components of the scheme are as follows: (a) nine wind turbines, each with a maximum power output of up to 2. MW and a blade tip height of up to 115m; total potential capacity of 22.5 MW; (b) approx 5.2km of new on site access tracks; (c) turbine foundations and crane hard standings adjacent to each turbine base; (d) borrow pits; (e) concrete batching; (f) control building; (g) connecting underground cabling; (h) one permanent wind monitoring mast; (i) temporary construction compound. Should the Application be approved, detailed survey work would be required for the turbine locations and access tracks so that they can be accurately engineered prior to construction. A 50m tolerance for access tracks and 25m tolerance for turbine locations has been allowed for this purpose. Previous History 3.3 Detailed Planning Permission was approved for the erection of 14 wind turbines (115m to rotor tip), sub-station and access road at Hart Hill, Fintry Ref:03/00936/DET. Detailed Planning Permission for erection of wind turbine at Hart Hill, Fintry Ref: 05/00766/DET. These two planning permissions are for the total of 15 turbines currently developed at Hart Hill to the south-east of the proposed site for 11 turbines on Ling Hill. Development Plan Policy 3.4 Structure Plan Pol. ENV14 establishes support in principle for renewable energy developments, subject to conformity with other relevant Structure Plan and Local Plan Policies. Policy ENV 14 states: (a) In the interests of sustainable development the Council's and the National Park Authority will, subject to conformity with other relevant Structure Plan and Local Plan policies, support: • developments required for the regeneration of energy from renewable sources and fuels: and • integration of renewable energy generation and utilisation into new developments. (b) Development proposals must demonstrate that energy conservation and efficiency are integral to design, and to the layouts of new buildings. 3.5 Policy EN 14 is cross-referenced to Structure Plan policies SD1, ENV1, ENV2, ENV3, ENV5 and ENV6, relevant to this proposal. 3.6 SD1 Key Principles: In identifying sites for development in Local Plans and in the assessment of other development proposals, the Councils will consider the contribution of the development of the Plan's Strategy of working towards sustainable development. This assessment will be based 7 factors 2 of the most relevant are the impact on the environment, precautionary principle applied to whenever environmental implications are unclear, or inconclusive, or where there is irreversible damage, 3.7 Policy ENV1 requires protection and conservation of wildlife habitats of international, national and local importance. 3.8 ENV2 seeks protection for designated landscapes of national and local value. The site is within an AGLV, where the Structure Plan expects that development will only occur if "it can be accommodated without adversely affecting the overall quality of the designated landscape area". 3.9 ENV3 covers any development in Countryside and is of relevance in terms of its concern that developments should respect their setting. 3.10 ENV5 refers to opportunities arising from development to achieve environmental enhancement and certainly should this development be approved there are a number of potential opportunities. 3.11 ENV6 relates to archaeological interest within and around the site requiring protection, including protection of setting. 3.12 ENV16 Wind energy developments states: The strategic location and design of wind energy developments will be assessed