EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE: 8 AUGUST 2014

13/0002/S36 - CONSTRUCTION OF A 17 TURBINE WIND FARM AND ASSOCIATED INFRASTRUCTURE

AT KEIRS HILL SOUTH WEST OF PATNA, EAST AYRSHIRE

APPLICATION BY RES UK AND IRELAND LTD

Report by Acting Executive Director of Neighbourhood Services

Click for Application Details: http://eplanning.east- ayrshire.gov.uk/online/applicationDetails.do?activeTab=summary&keyVal=MX6AFJGF0 2400

EXECUTIVE SUMMARY SHEET

1. DEVELOPMENT DESCRIPTION

1.1 The Council is a formal consultee in this process and a copy of the application has been served on the Council by the Scottish Government, Energy Consents and Deployment Unit and also by the applicant in terms of Schedule 8 of the Electricity Act 1989. In procedural terms the Council, as Planning Authority, requires to provide a response to the Scottish Ministers on those aspects for which the Council has responsibility. In this regard the Council in response to the consultation can either:

(i) offer no objections to the Section 36 application as submitted; or (ii) offer no objections, subject to modifications and/or the imposition of appropriate conditions or legal obligations it considers necessary to make the development acceptable; or (iii) formally object to the application, stating the grounds on which objection is made.

2. RECOMMENDATION

2.1 It is recommended that the Council formally objects to the proposal as the proposed development is contrary to the terms of the Development Plan, Planning Policy and Government Guidance on wind farm development for the reasons detailed on the sheet attached to this report and;

2.2 It is recommended that should Scottish Ministers determine to approve the S36 application that the applicant enters into a legal agreement with East Ayrshire Council consistent with the Heads of Agreement detailed above in this report and;

2.3 It is recommended that should Scottish Ministers determine to approve the S36 application that any planning conditions imposed on this consent would be consulted to the Council and in particular in relation to the decommissioning, restoration and aftercare financial guarantee and;

2.4 It is recommended that a copy of this report be forwarded to the Scottish Ministers as presenting this Council’s formal response to the consultation on the Section 36 application for the Keirs Hill wind farm in terms of the Electricity Act 1989.

3. CONCLUSIONS

3.1 As indicated in section 6 of the report, the Section 36 application and the related application for deemed planning permission are not considered to be in accordance with the development plan. As is indicated at Section 7 of the report, there are material considerations relevant to this application; it is considered that these are not supportive of the application in terms of national policy, national planning advice, the Structure Plan Addendum, the EALWCS 2013 and the planning authority’s landscape consultant. The significant level of objection is noted as is the objection by South Ayrshire Council and the Dalmellington Community Council both of which raise valid points that require to be taken into account in the determination of the S36 application.

3.2 The proposed Keirs Hill wind farm development does not comply with policies ECON6, ECON7 parts (D), (E), (F) & (G) and ENV1 parts (A) and (E), ENV2, ENV6 (A), (B) and (C) of the Ayrshire Joint Structure Plan 2007.

Furthermore the proposal does not comply with policies SD1 (i), (ii), (iii) and (iv), CS12 (ii), (iii) and (iv), CS14 (D), (E), (F) and (G); CS15, ENV1, ENV3, ENV15 (i), (v) and (vi); ENV16, ENV 17 and ENV 20 of the East Ayrshire Local Plan 2010.

Assessing the proposals against the development plan it is considered that the proposal:

 Presents unacceptable adverse visual and landscape impacts on the surrounding area which includes the Doon and Girvan Valley’s and their settings and the settlements of Patna, Waterside and Dalmellington and individual rural properties;

 Erodes and compromises the integrity of the Doon Valley Sensitive Landscape Character Area;

 Presents unacceptable adverse cumulative impacts with consented and proposed wind farms in the vicinity of the site. This results in significant adverse impacts on the Doon and Girvan Valley’s and their setting and the amenity of the settlements of Dalmellington, Bellsbank, Burnton, Straiton and Kirkmichael and individual rural properties;

 Has an overbearing effect on the property at High Keirs Cottage rendering that property an unsatisfactory place to live;

 Creates unacceptable adverse impacts on the setting of cultural heritage assets and in particular the B listed Colonel Hunter Blair Monument and contributes significantly to unacceptable adverse cumulative impacts on the Craigengillan Garden and Designed Landscape and the Colonel Hunter Blair Monument;

 By its proximity to and prominence from the A713 tourist route it adversely affects the setting and quality of the route within East Ayrshire and therefore adversely affects the desirability of this route as a main strategic access and tourist route to Ayrshire generally and East Ayrshire in particular and additionally contributes to cumulative visual impacts on this route. This could affect the potential of the settlements along this route to benefit from tourism related income;

 Adversely impacts on the setting and experience of the local recreational resource including Auchenroy and Craigengower Hills, core and promoted paths, rights of way and other local routes to an unacceptable degree due to its scale, location and prominence;

 Has not adequately demonstrated that the Scottish Dark Sky Observatory, an important tourism and educational facility, will not be adversely affected by turbine aviation warning lighting.

3.3 It is considered that the proposed development will provide generating capacity that would contribute to the Scottish Governments renewable energy 2020 target and would result in a reduction in greenhouse gas emissions. Additionally the support of Patna Community Council for this development is noted.

3.4 It is also recognised that the proposed development would result in potential socio-economic benefits through the following:

 Providing a better degree of public access to the application site which also allows for a view of the Waterside SAM complex from across the valley, with interpretative signage;

 Benefits accruing from the significant investment that potentially would generate economic benefits and temporary and longer term employment opportunities in the East Ayrshire economy

3.5 Taking all matters into account the potential benefits to be accrued from the proposed development do not in this instance outweigh the significant adverse unacceptable impacts of the proposal on residential amenity, visual amenity, the landscape, the setting of settlements, tourism and recreational resources and cultural heritage resources.

3.6 Taking all relevant matters into consideration, it is considered on balance that the Council should offer an objection to Scottish Ministers to the Keirs Hill development.

CONTRARY DECISION NOTE

Should the Committee agree that the application be refused contrary to the recommendation of the Head of Planning and Economic Development in terms of the principle of the proposed development, then the application will not require to be referred to Council as it would not represent a significant departure from Council policy.

Chris McAleavey Acting Executive Director of Neighbourhood Services

Note: This document combines key sections of the associated report for quick reference and should not in itself be considered as having been the basis for recommendation preparation or decision making by the Planning Authority.

EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE: 8 AUGUST 2014

13/0002/S36 - CONSTRUCTION OF A 17 TURBINE WIND FARM AND ASSOCIATED INFRASTRUCTURE

AT KEIRS HILL SOUTH WEST OF PATNA, EAST AYRSHIRE

APPLICATION BY RES UK AND IRELAND LTD

Report by Acting Executive Director of Neighbourhood Services

1. PURPOSE OF REPORT

1.1 The purpose of this report is to present for the consideration of the Planning Committee under the scheme of delegation a formal consultation from the Scottish Ministers on an application made under Section 36 of The Electricity Act 1989 for a proposed wind farm development on land to the south of Patna and for the Planning Committee to take a formal view on the proposed development. The Section 36 application includes an application for deemed planning permission for the same development under Section 57(2) of the Town and Country Planning (Scotland) Act 1997.

2. BACKGROUND INFORMATION

2.1 The Scottish Ministers are responsible, under Section 36 of the Electricity Act 1989, for the authorisation of any new, or extensions to, existing electricity generation schemes with a generation capacity in excess of 50 Megawatts (MW). As the current proposal for the has been formally consulted by the Scottish Ministers in terms of Section 36 of the Electricity Act 1989.

2.2 The Council is a formal consultee in this process and a copy of the application has been served on the Council by the Scottish Government, Energy Consents and Deployment Unit and also by the applicant in terms of Schedule 8 of the Electricity Act 1989. In procedural terms the Council, as Planning Authority, requires to provide a response to the Scottish Ministers on those aspects for which the Council has responsibility. In this regard the Council in response to the consultation can either:

(i) offer no objections to the Section 36 application as submitted; or (ii) offer no objections, subject to modifications and/or the imposition of appropriate conditions or legal obligations it considers necessary to make the development acceptable; or (iii) formally object to the application, stating the grounds on which objection is made.

2.3 together with a comprehensive Environmental Statement as required under The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000.

2.4 Should the Scottish Ministers be disposed to grant a Section 36 consent for the Keirs Hill windfarm, the applicant has requested that deemed planning consent be granted in terms of Section 57 of the Town and Country Planning (Scotland) Act 1997. A separate application for planning permission would not therefore be required for the proposed development.

3. APPLICATION DETAILS

3.1 Site Description: The application site is located in the Doon Valley to the south of Patna. It encompasses an area of approximately 525ha and currently accommodates commercial plantation forestry and open moorland. The site ranges from a low point of approximately 160 (Above Ordnance Distance) in the north east adjacent to the A713 to 306 (Above Ordnance Distance) at the highest point located centrally within the site.

3.2 The site is bounded to the north by commercial forestry and farmland with the southern parts of Patna at Keirs Crescent approximately 400m from the site boundary. To the east is the floor and eastern side of the Doon Valley with the settlement of Waterside located immediately adjacent to the north eastern boundary of the wind farm. Dalmellington and Bellsbank are located slightly over 4km east and south east of the site. Commercial forestry, moorland and current and former open cast sites extend beyond the Doon Valley eastern edge. To the south is the B741 with an area of moorland and commercial forestry beyond which will include the recently consented Dersalloch windfarm. The immediate west of the site is formed by the local authority boundary between East and South Ayrshire. The commercial forestry that is included within the application site extends westwards into South Ayrshire with the settlement of Straiton beyond at approximately 3.7km from the site.

3.3 The south eastern part of the application site is located within the Doon Valley Sensitive Landscape Character Area (SLCA) which extends to the north, east, south east and south of the site which itself is part of a wider SLCA defined by the Ayrshire Joint Structure Plan. The Wallace Moor/Keirs Hill Provisional Wildlife Site is wholly within the application site. A small section of the Waterside Bing Scheduled Ancient Monument is within the site and there are no listed buildings or other ecological designations within the application site.

3.4 Proposed Development: The development proposes the following:

 17 wind turbines of up to 149 metres to tip height, (97 metres to hub height and a 104 metre rotor diameter) with a hardstanding area and transformer at each turbine base;  Formation of new access to the A713;  on site access tracks and associated watercourse crossings including a new bridge over the River Doon;  substation building and substation compound;  one meteorological mast;  one communication mast;  on site underground cabling

In addition to the above components of the operational wind farm, the construction phase proposals include:

 331.89 hectares of forestry clearance (clear felling) and associated replanting;  temporary construction compounds and laydown area  two temporary power performance masts

The application also promotes:

 an 18 month construction period  a six months decommissioning period  a 25 year operational period

3.5 The windfarm proposal comprises the erection of 17 three bladed turbines with an individual rating of up to 3.4 megawatts (providing a maximum total capacity of 57 megawatts). The principal access for the turbine components will be from the Port of Ayr and utilising the A77 and the A713 to reach the site access to the west of Waterside.

3.6 The applicant proposes the creation of a new access off the A713 immediately north west of the Waterside bing and opposite the B listed Palace Bar. The access then travels in a general south west direction and would cross the River Doon over a new bridge specifically created to accommodate the wind farm traffic. Thereafter the track climbs the valley side before connecting together the various turbine locations. New track amounts to approximately 12.6km in length and would be up to 6.5m in width including track shoulders although this could be wider at bends etc.

3.7 As no borrow pits are proposed the applicant has advised that all stone shall be sourced from quarries within the area. No locations are provided for these quarries although nearly 8000 vehicle movements are anticipated to form the access tracks and construction compound. The foundations for the turbines are constructed of steel reinforced concrete located on suitable bedrock which requires the excavation of any underlying peat and subsoil. The excavated area is subsequently capped with peat or soil.

3.8 The applicant has noted it may be necessary to microsite elements of infrastructure up to 50 metres.

3.9 The proposal will require the felling of the coniferous forested area within the application site which amounts to approximately 332 hectares to be felled in one phase between 2013 and 2017. This is proposed to be replanted within 4 years of the felling date but due to the windfarm footprint, 39.30ha of existing forestry cannot be replanted in the same location. An alternative, and as yet unspecified, location within the site is proposed to accommodate this balance.

3.10 A permanent on site substation and control building is required and would be set within a compound of 54m by 20m. The building would measure 46.5m by 15.9m and would be 5.5m high and would be located adjacent to the access track between turbines 6 and 10. Two temporary compounds will also be required, providing site accommodation, welfare facilities, parking and storage provision for tools, small plant and fuels. An initial enabling works compound of 30m by 30m would be created until the formation of the temporary construction compound measuring 50 metres by 60 metres.

3.11 One permanent meteorological mast up to 100m in height, a 10m high communication mast and four temporary Power Performance (PPM) masts also of up to 100m are proposed. The four PPM would record data for six months before turbine erection and during the turbine commissioning period. Two will be removed approximately 3 months after turbine commissioning and the remaining two will be removed up to 8 months after commissioning.

3.12 The proposed development will require a connection to the main electricity grid. This requires a separate application under s37 of the Electricity Act but the applicant envisages a connection being made to the Coylton substation some 12km north of the site. It would be the applicants preference that this was by double timber pole overhead lines.

4. CONSULTATIONS AND ISSUES RAISED

4.1 Consultations have been carried out by the Planning Authority and by the Energy Consents and Deployment Unit of the Scottish Government. The responses received in connection with the consultations issued by this Division are summarised for the purposes of this report. The wider responses received by the Scottish Government are available for inspection as background papers and include comments from Scottish Natural Heritage, SEPA, Forestry Commission, Historic Scotland and aviation consultees amongst others. Some direct reference is made to the comments of these consultees within this report where that is of relevance to East Ayrshire Council’s assessment of the development and a short summary of some of the key responses is provided at section 4.8 below.

4.2 East Ayrshire Council Environmental Health Service has advised that detailed comments should be sought from the Council’s noise consultants as

there may be cumulative noise issues that require to be fully considered prior to final comments being made.

4.3 East Ayrshire Council Roads and Transportation Division (Ayrshire Roads Alliance) has no objections subject to 13 conditions and 5 advisory notes. The conditions cover a number of matters including:

 A traffic management plan (TMP),  Visibility splays,  Wheel wash facilities  Abnormal load mitigation works,  Road condition surveys,  Bridge flooding information,  Surface water,  Turbine route details, mitigation and reinstatement,  Road and bridge structural assessments,  Road bridge improvement works,  Monitoring of structures during abnormal load deliveries,  Use of such structures during abnormal load deliveries.

The five advisory notes relate to the likely requirement for the applicant to enter into a Section 96 (of the Roads (Scotland) Act 1984) Agreement with the Ayrshire Roads Alliance relating to the repair of any damage to the roads network by the traffic volumes associated with the development, the use of the access overrun area, waste management arrangements, detail to be included within the TMP and that dedicated laybys are required for abnormal load movements.

4.4 East Ayrshire Council Access officer has advised that this windfarm proposal will have no direct impact on local routes. However, the enjoyment of popular local routes which act as visitor attractions in the area could be adversely affected by the presence of wind turbines in this area. Routes including Auchenroy Hill are enjoyed by locals and visitors to the area who come to enjoy the high quality landscape in the Doon Valley.

I am also concerned by the proximity of the site to the nearby SSSI at Dunaskin Glen. Although designated for its geological interests, it has particular importance for nesting raptors.

4.5 South Ayrshire Council (SAC) has objected to the development in this consultation response and have forwarded this objection to the Scottish Government. South Ayrshire Council is not a formal consultee of the Scottish Government for this development as it is not located within the administrative boundary of South Ayrshire. SAC have raised a number of separate matters including landscape and cumulative landscape impacts, visual impacts, impacts on the tourism and recreation resource including cultural heritage, the impacts on residential amenity, the loss of forestry and impacts on Glasgow Prestwick Airport.

South Ayrshire Council therefore considers that the proposal is contrary to a number of Structure Plan policies including ECON1, 6 and 7 and ENV 1, 2, 4, 5 and 6 and as such object to the development.

4.6 West of Scotland Archaeology Service (WoSAS) has no objections to this development subject to the attachment of a suitable archaeological condition. WoSAS generally agree with the Environmental Statement with regard to direct impacts from the development on the archaeological resource but do consider that the ES underestimates the impact on the Waterside Scheduled Ancient Monuments. Although the effects are considered to be understated they do not ultimately raise an objection.

4.7 Dalmellington Community Council has objected to the development and has forwarded this objection to the Scottish Government. A copy of this objection forms their consultation response. The key points raised by the Community Council are listed as follows with a general response provided to this objection by the Planning Authority.

4.7.1 The proposed scheme is for the construction of seventeen turbines with a tip height of 149 metres, each equivalent in height to a 50 storey office block. They would tower over the community and landscape, the moving blades exaggerating the severely adverse visual impact. Dalmellington is a former coal mining community and was hit very hard by the closure of the deep mines a generation ago. The consequent high levels of unemployment, in the absence of other opportunities, led to social problems, a sense of isolation and a lack of belief in the future. Parts of the community fall within the worst affected areas of deprivation in Scotland.

Having visited Dalmellington in 1844, the great circuit Judge and educationalist Lord Cockburn wrote: ‘When it’s time shall come (as come it will), what a village Dalmellington may be. A few old trees, irregular ground, tumbling burns, a spire, and a mill – what more is wanted?’

Three years later Cockburn grieved for progress: ‘It has the appearance, and the reputation of being a singularly virtuous and happy village; and I am told is perhaps the last place in Ayrshire where, with a good deal of old primitive manufacture, rural simplicity and contentment still linger. But it is now to taste of manufactures in an improved state. The devil has disclosed his iron and speculation has begun to work it. There seemed to be about a dozen of pits sinking within half a mile of the village, and before another year is out those now solitary and peaceful hills will be blazing with furnaces, and blighted by the presence and the vices of a new population of black scoundrels. They were already lying snoring and, I presume, drunk on many indignant knolls.’

There are parallels with the threat we face today.

In Rob Close’s Ayrshire & Arran Architectural Guide of 1992, he writes: ‘Iron works and coal mines have come and gone. The little town remains depressed and neglected, and the peaceful and solitary hills are being carted away in the search for open-cast coal.’

The community is, despite the above, a very strong and spirited one. Over the last 10 years the local community has embraced a vision for a new future based on nature tourism and outdoor activities. The essential foundation is a beautiful natural environment and enormous local efforts have been made to restore and enhance a landscape previously scarred by past coal mining and iron smelting. The Georgian Society has awarded it the ‘Best Restoration of a Georgian Landscape in Britain’. Re-industrialisation by these turbines would destroy our new future.

Thanks to the energy and vision of the community a new future dawns. We must not see that hope and promise crushed.

4.7.2 The Valley is attracting increasing numbers of visitors. Its natural beauty and interest is becoming increasingly appreciated, reinforced by inclusion within the forthcoming UN Biosphere and the building of the Scottish Dark Sky Observatory. The Valley offers great potential for increased sustainable development, if left alone. It would be blighted by the erection of these wind turbines.

4.7.3 The adverse impact on our landscape and neighbouring communities would be significant. Otters, badgers, rare species of birds, bats and fish have the potential to be harmed (see Appendix 1 - article from The Times of 14/9/13). For the first time in generations a pair of ospreys has nested here this year, above the northwest shore of Loch Doon, not far from the application site. This is another sign of environmental recovery and care. These returning ospreys have been sighted many times on Bogton Loch. They fly at the altitude of the huge turbine blades and their future here would be very uncertain. Between 40 and 50 Whooper Swans are to be found at Bogton Loch SSSI each year. They could be mangled by the turbine blades (see Appendix 2 - article from The Times of 13/9/12).

4.7.4 The turbines would dominate the setting of the Waterside and Dalmellington Conservation Areas, Listed Buildings, Scheduled Monuments, SSSI’s and the Designed Landscapes of Blairquhan and Craigengillan. The Craigengillan Designed Landscape is of exceptional quality, Historic Scotland confirming it as amongst only three others in the whole of Scotland to be assessed by Historic Scotland as ‘outstanding’ in all seven of the criteria employed. This landscape is a source of pride to the entire community and the foundation for much of its revival.

4.7.5 This is not the place to challenge Government policy on wind farms but, in the case of competing policies (e.g. wind farm promotion on the one hand and protection of natural and cultural heritage, tourism, communities etc. on the other), it is relevant to consider the efficacy of wind farm promotion policies.

The political aspiration of the Scottish Government is that the equivalent of 100% of electricity consumption should be met by renewable energy generation. This aspiration/target was not accompanied by a Strategic Environmental Statement (SEA). The Scottish Government has confirmed that the subsequent draft SEA and post adoption statement, the ‘Routemap 2020’ and the revised Electricity Generation Policy Statement (EGPS) do not amount to a plan. In addition, neither the Routemap nor the EGPS are site specific.

The policy is also in contravention of the Aarhus Convention and EU law. In its ratified ruling of ACCC/C2012/68, the UNECE Compliance Committee has very recently found the UK to be in non-compliance with Article 7 of the Aarhus Convention.

Paragraph 182 of the SPP gives, as the basis for the Scottish Government’s aim, three ‘drivers’:  ‘A vital part of the response to climate change’. There is no published evidence to confirm that increases in the number of wind farms in Scotland, or elsewhere, have made, or can make, the slightest difference to climate or to net emissions of CO₂.  ‘More secure and diverse energy supplies’. A diversity of electricity generation technologies is certainly a good thing, but they do have to be reliable and economical. Intermittency of wind means the need for the equivalent of 100% of wind generation to be available from other forms of power generation, such as coal, oil, gas etc. As these back-up generators have to continually accelerate and decelerate in response to wind patterns, they operate much less efficiently and produce more CO₂ than if there were no wind turbines. The fact that wind generated electricity costs some four times more than other forms make it uncompetitive and an unnecessary burden for private and business electricity consumers.  ‘Support for and contribution towards sustainable economic growth’. The current economic approach to ‘renewables’ based on large and permanent subsidy that induces market distortion is not and never can be sustainable economic development.

In light of the above, arguments favouring the development of wind farms when they conflict with policies protecting other interests (natural and cultural environment, tourism, landscapes, communities etc) should be given no or very little weight.

4.7.6 We draw your attention to the Opinion of Lady Clark of Calton, issued on 24 September 2013, in the case of Sustainable Shetland v Scottish Ministers, [2013] CSOH 158. In the course of her Opinion, Lady Clark addressed the question of the competency of an application under the Electricity Act 1989, s. 36, for consent for a wind powered generating station when such an application is made by a person who is not a licence holder or an exempt person, within the meaning of the Electricity Act 1989, s.6.

In particular, the judge addressed the application of the Electricity Act 1989, Schedule 9 to such applications. She held, in a passage running from § [83] to §

[116] of her Opinion, that an application under s.36 by persons falling outwith the permitted classes found in Schedule 9 is not competent.

The applicant for Keirs Hill Wind Farm is RES UK & Ireland Ltd. Our inquiries have revealed that the company is not a licence holder and is not an exempt person within the meaning of the 1989 Act. That means, in our submission, that the application for the Dersalloch Hill Wind Farm is not competent and falls to be immediately refused without any further procedure of any kind. We will be glad to have your agreement with this submission and that you will therefore cause the application to be formally refused without any further procedure being required. In the alternative, perhaps you would convene an appropriate meeting or Hearing.

4.7.7 Contrary to key objectives of the Structure Plan including:

 ‘To develop strong and vibrant communities by realising their potential for regeneration and growth and through the promotion of appropriate development for rural areas’.

The area covered by Loch Doon and its surrounding hills, together with Craigengillan and the Doon Valley is recognised as one of the most beautiful in Ayrshire, with a marvellous array of natural habitats, flora and fauna. It is also a place of great historic, architectural and cultural interest. All this creates a strong foundation for an economy based on green and cultural tourism.

Regeneration and sustainable development based on a natural environment that is respected and cared for leads to ever greater care and positive enhancement of natural habitats and landscapes, as they become recognised for their economic and employment creating foundations - hence the many regeneration projects and enterprises which are springing up following tremendous recent efforts to preserve and enhance the landscape and natural heritage of the area.

 ‘To safeguard and enhance the quality of the environment’.

The turbines would brutally dominate the beautiful Doon valley. The landscape here is identified within the Ayrshire Landscape Character Area as ‘Upper River Valleys’. The Landscape Evaluation for this category has an overall Assessment of Value as HIGH. It states that the landscape of this part of the Doon Valley is the best representation of ‘Landscape as a Resource’ and has a particularly high ‘Sense of Place’, wildness and ‘Conservation Interest’. Whilst the turbines would not be sited within this landscape, they would tower over it.

As referred to elsewhere, the ALCA addressed turbines only up to a height of 53 metres. The turbines proposed here are three times that height. We have looked at the proposed development in the context of the recently adopted East Ayrshire Landscape Wind Capacity Study. The proposed Keirs Hill turbines, with their unavoidable significant adverse impact on this special remaining wild part of East Ayrshire, are incompatible with the Study’s findings, as detailed later.

The proposal and the consequences that would follow are contrary to the overall philosophy of the Structure Plan; a concentration on sustainable growth against a background of the sort of society in which we wish to live. Jobs and investment based on the quality of the environment.

This philosophy and aim is incompatible with a plan that would oppressively overbear a Sensitive Landscape Area and deter visitors. It is because of this that the Supplementary Guidelines prepared by the Ayrshire Joint Planning Service and subsequently formally adopted exclude this area as a favourable site for wind turbine developments.

The wind farm, if built, would be likely to create less than one, and that probably not local, full time job once commissioned. It would destroy existing jobs and very many future ones.

4.7.8 Contrary to paragraphs 6, 7 and 9 of the Delivering the Vision section of the AJSP;  Para 6: ‘Ayrshire’s great assets include a high quality environment, natural resources and a good quality of life – ‘all of which offer tremendous potential for development’.

This reinforces the observations made earlier. Our community has developed a new found, but still fragile, confidence by putting the past behind us, recognising the assets above that we have, and building a new future, one that is not compatible with menacing turbines.

 Para 7: To realise this potential and to contribute fully to sustainable growth a Plan is proposed which protects, enhances and capitalises on human and natural assets, regenerates communities, sets out a proactive economic agenda to grow and diversify the local economy and seeks to achieve closer integration with the Glasgow City Region.

As stated above, the Plan has been designed to protect, enhance and capitalise on human and natural assets. The proposed development would very greatly harm these assets.

Once more, the Plan emphasises the importance of conserving the built and natural heritage. The proposed development would mortally damage it. Having to object to this proposal is akin to having to do the unbelievable and oppose a plan to spray graffiti on one of the finest landscape paintings in the National Gallery of Scotland.

 Para 9: Sustainable development is enshrined in international and national policy. It touches all aspects of policy and action. On a global scale it embraces issues such as climate change and the exploitation of non-renewable resources. At an Ayrshire level the concept of sustainable development requires the promotion of development that meets the needs of today, respects the limits of ecology and safeguards options for future generations. It is not just a concept about the environment but

about economic growth, social development - about the type of society in which we wish to live.

When residents move away because of the noise and visual intrusion of the turbines and the tourists, astronomers, walkers and riders etc don’t visit, we’ll be left with an industrialised dead landscape. Schools and local businesses will be affected. Then where do our young people go? The compensation money is already dividing our communities and what will there be to spend it on?

We can build a thriving economy on tourism, outdoor activities etc. We are within the newly designated UNESCO Biosphere reserve, the first in Scotland, putting us on a par with the Grand Canyon and Yellowstone National Park.

The International Dark-Sky Association has recognised this area as having some of the purest air and darkest skies in Europe, which is what astronomers are looking for. To realise the potential this offers, the Scottish Dark Sky Observatory has been built through local effort. We have already developed a nationally recognised path network. Visitors need refreshment, accommodation, information, outdoor activities etc, creating further opportunities for employment and raising local confidence.

The proposed scheme would undo all the work of this community over the last ten years. The massive turbines would tower over the valley and industrialise the landscape. They would prevent sustainable development.

4.7.9 Contrary to policy ECON 7 part A of the AJSP: The proposal is outwith the Preferred Areas of Search identified in the Addendum to the Structure Plan. Consent for development here would set an undesirable precedent for yet more turbines outwith the recognised search areas. While the Structure Plan does not rule out development in such cases, proposals have to be assessed against a number of constraints, including communities, historic environment, areas designated for their regional and local natural heritage value, tourism and recreational interests. The proposed development would be disastrously damaging in respect of all of the above categories.

The Preferred Areas of Search cover some 10% of Ayrshire and are capable of making a huge and disproportionate contribution from Ayrshire to national renewable targets. There can be no justification for exceeding this already very high contribution by damaging landscapes and local communities outwith the two Areas of Search. East Ayrshire contributes quite disproportionately already to the energy needs of this country, including nearly half of all the coal within the United Kingdom.

4.7.10 Contrary to policy ECON 7 part E of the AJSP in respect of the historic environment:

Historic Environment: The application site is close to the Designed Landscape of Craigengillan, rated by Historic Scotland as being one of the four most important in the country. The proposed turbines would tower over all this beauty. This natural asset is a foundation for green tourism and a sustainable

future where natural resources and local employment combine. This is a central part of the philosophy of the Biosphere.

In addition to the celebrated Designed Landscape, the Conservation Areas of Dalmellington and Waterside, the Scheduled Monument of Dunaskin and numerous listed buildings would be adversely affected.

4.7.11 Contrary to policy ECON 7 part E of the AJSP in respect of areas designated for their regional and local natural heritage value,

Heritage value: Areas designated for their regional and local natural heritage value. Visitors, including walkers and fishermen, come to this part of Ayrshire for its peace and beauty. It is impossible to overcome or minimise the adverse visual impact that any turbines would have.

The proposed development immediately adjoins the adjacent SLA and is close to five SSSIs. It would have an adverse impact upon them. Birds are killed by turbine blades and the construction of roads, concrete bases and the turbines themselves would cause great disturbance. Recent reports have detailed the way in which bats, all species of which are protected, are drawn into the low pressure vacuum caused by the turbines blades. Their lungs literally explode; a horrible death. For some bat populations, the numbers killed will result in local extinctions. (see Appendix 1 - The Times article of 14/9/13). NPPG14 stresses ‘the importance of safe-guarding and enhancing natural heritage beyond the confines of designated areas’.

4.7.12 Contrary to policy ECON 7 part E of the AJSP in respect of tourism and recreational interests.

Tourism and recreational interests; Loss of present and future sustainable development as a result of deterring visitors has a damaging effect on local employment. The severely adverse impact on the historic environment, areas designated for their regional and local natural heritage value tourism and recreational interests and communities means that the application would fail the tests for this scheme which is outside the Area of Search.

Tourist attractions created with great effort and great imagination include the Scottish Dark Sky Observatory, the successful Riding Stables, nearly 20 miles of new footpaths, the Fort at Craigengillan and the Caravan Park by the shores of Loch Doon. They would all be severely and adversely affected by the turbines.

The Scottish Dark Sky Observatory is a unique asset, not just for our community but for Scotland as a whole. It is the only publicly accessible research grade observatory within a gold tier Dark Sky Park in the world. Nothing should be allowed to harm it or diminish its potential. The turbine blades would protrude above the currently pristine horizon. Infra red lighting of the turbines would impact on the ability of the telescopes to be used for imaging and research, as well as on equipment used elsewhere within the Dark Sky Park. If, as looks

likely, visible lighting is required, either now or in the future, the whole ethos and purpose of the Dark Sky Park will be fatally compromised.

The Observatory was formally opened by the First Minister of Scotland on Friday 5 October 2012. As reported in the Cumnock Chronicle of 10 October 2012, the First Minister said “It’s amazing for Dalmellington, for Ayrshire and for the whole country”. “It is a huge visitor attraction but it’s also something that will provide huge regeneration for this area”. “It will be a stimulus for tourism and it’s a great learning facility. This area has talent, dramatic scenery and now it’s got this world class facility”.

The proposed development site impacts upon a Sensitive Landscape Character Area which, as detailed earlier in this letter, has been evaluated as of high importance.

4.7.13 Contrary to policy ECON 7 part E of the AJSP in respect of impacts on communities:

Communities: Many people, both those from our communities and regular visitors, are completing and signing letters of objection.

There are no long term employment or other benefits. Instead there are likely to be employment losses through tourism being adversely affected. We include a link to the June 2013 YouGov opinion poll which finds that 51% of people would be less likely to visit a scenic area of Scotland which contains large-scale developments such as commercial wind farms, pylons etc. (https://www.jmt.org/yougov.asp). This is why the proposed scheme is incompatible with our visitor based new future based on green tourism and outdoor activities. All our experience has shown that visitors are attracted not just by the enterprises and facilities themselves, but by the beautiful natural environment and landscapes within which they are set.

It is becoming clearer by the day that people do not believe in wind turbines and would avoid formerly beautiful and wild areas that have been brutally industrialised.

The proposed turbines are, at 149 metres in height, the largest to date to be deployed onshore. The adverse visual impact, noise and shadow flicker can ruin people’s lives. The closer the turbines are to people’s houses, the more overbearing they are. Government guidance, and that contained within the Structure Plan Technical Report Q3/2006, recommends a separation distance of at least 2 kilometres, unless the developer can demonstrate that the impacts are acceptable. In the consultative draft and SSP issued last year, the separation distance was increased to 2.5 kilometres, highlighting national concerns on this matter.

A large number of houses in Waterside and Patna, and other premises such as the Steam Railway Centre at Dunaskin, are considerably closer than 2 kilometres to the proposed wind turbines.

At High Keirs, the nearest huge turbine is less than 1 kilometre away. In the visualisations, the applicant and its advisors have chosen the positions for the photographs to be taken so that trees in summer screen some of the turbines. This is dishonest and misleading. There will be not screening by deciduous trees in winter and, in any case, trees are not permanent.

The applicant suggests that for the visual impact to be unacceptable (they do not refer to noise of flicker here), the wind farm has to be ‘unacceptably overbearing’, ‘overpowering’, ‘oppressive’ or ‘unpleasantly overwhelming and unavoidably present in main views’. For the inhabitants of High Keirs, Waterside and many houses in Patna it would be all of those things. The scheme would also have a significant adverse impact on many houses further from the site, destroying a much loved local landscape.

4.7.14 Contrary to policy ECON 7 part E of the AJSP in respect of impacts on buffer zones:

Buffer zones; The application site is within the overall boundaries of the proposed Biosphere. The scheme is contrary to the ideals of sustainable development promoted by Biospheres.

4.7.15 Contrary to policy ECON 7 part F of the AJSP in respect of proposals affecting sensitive landscape character areas:

The identification of the Sensitive Landscape Character Area is ‘to be a means of ensuring that the important qualities and characteristics of the landscapes in certain areas are safe-guarded’. While none of the proposed turbines are within the boundaries of the SLCA, they adjoin and would dominate it. As referred to later, Local Plan Policy ENV3 gives priority to the protection and enhancement of the landscape within Sensitive Landscape Areas.

What is at stake is not just the landscape of the application site but the whole character and atmosphere of the Upper Doon Valley and its surrounding hills, designated as Sensitive. NPPG 14 accepts that the more sensitive landscapes have little or no capacity to absorb the kind of development envisaged in this scheme.

4.7.16 Contrary to policy ECON 7 part G of the AJSP in respect of biodiversity and nature conservation, the water environment and noise:

Biodiversity and Nature Conservation: See comments for the relevant corresponding policies of the Local Plan.

Water Environment: The evidence of other sites where this kind of development has happened is of the changing of acidity and silting of the burns and consequent destruction of most species of fauna and flora, including trout and salmon spawning grounds.

Noise: We attach, as Appendix 3, a report by Dick Bowdler BSc, Ceng, Cphys, FIOA, FCI, BSE, MCIRAb, the world renowned acoustician, relating to

noise levels from wind turbines. His findings dismiss the use of ETSU – R- 97 to assess wind farm noise in planning applications and show the considerable impact of noise from turbines when set against the low levels of background noise in this peaceful rural area.

4.7.17 The proposal is contrary to policy ECON 12 of the AJSP in relation to the tourism resource for the reasons set out under the relevant tourism policies of the Local Plan below.

4.7.18 The proposal is contrary to policy ECON 13 of the AJSP in relation to the tourism opportunities for the reasons set out under the relevant tourism policies of the Local Plan at section below.

4.7.19 The proposal is contrary to policy ECON 14 and paragraphs 60, 61 and 62 of the AJSP in relation to rural diversification. Examples of the this are the Scottish Dark Sky Observatory, Fort Carrick at Craigengillan (and with it the involvement of all four Cadet Forces, Scouts Scotland and many other youth organisations) and 18 miles of new core footpaths, which, in the absence of wind turbines, will promote outdoor activities, crafts and green cultural tourism. In addition, Loch Doon Caravan Park is under construction, following valiant community fundraising.

The importance of Loch Doon and its surrounding hills as a tourism asset is confirmed within the Development Plan. They are part of some of the ‘wildest’ and atmospheric country in south-west Scotland, with a Highland character. They would suffer from the significant adverse visual impact of the proposed turbines.

The Structure Plan recognises the vital importance that a beautiful landscape lends towards strong local communities and sustainable development.

4.7.20 The proposal is contrary to policy ENV 1 and paragraphs 89 and 90 of the AJSP in relation to landscape quality. The whole of paragraphs 89 and 90 are directly relevant and any turbine development would be completely contrary. The last two sentences of paragraph 90 support the principle that we should be looking at the proposal in the context of its overall impacts, not just that on the site itself and immediately neighbouring ground. Of particular relevance here are the impacts on the Sensitive Landscape Area and the rugged hills, lochs and forest of the LCT 21.

4.7.21 The applicant writes off the East Ayrshire Landscape Wind Capacity Study (EALWCS) and says that its development siting and design has ‘ensured that the project meets the demands of the relevant local planning policies’. The applicant further states that landscape effects are ‘significant but acceptable’. The effects are severely adverse – they are not acceptable to anyone other than the applicant.

4.7.22 The relevant Landscape Character types most immediately affected by this proposal are 10, 17b and 21. The EALWCS addresses four turbine typologies and assesses sensitivity for each. The largest typology

addressed is for turbines 70 metres or more in height. The turbines proposed here are more than double that height, so wherever the EALWCS finds anything other than certainty of landscapes to be able to accommodate larger turbines, it should be taken that they cannot.

In summary, the EALWCS finds Upland River Valleys (10) and Rugged Uplands, Loch and Forest (21) to be of the highest sensitivity to turbines of 70 metres of more and Foothills with Forest west of the Doon Valley to be of ‘high to medium’ sensitivity. The landscapes with a ‘high’ sensitivity (Upland River Valleys and Rugged Uplands, Lochs and Forest) are confirmed in the EALWCS to present major constraints to large turbines, with unavoidable significant adverse effects. In landscapes of ‘high to medium’ sensitivity (Foothills with Forest west of the Doon Valley) constraints are such that there would be likely to be unavoidable significant adverse impacts on some key sensitivity criteria (eg the many houses within less than 2 kilometres of the turbines, the domination of the landmark Auchenroy Hill and Upland River Valley.

4.7.23 The EALWCS confirms that key cumulative impact on the Upper Doon Valley and the setting of settlements including Dalmellington limits the scope for large scale turbine acceptability. Much of the site is with LCT 17b. The proposed development is also partly within and dominates all of 10. It would also have a significant adverse visual impact on views to and from LCT 21 (Rugged Uplands, Lochs and Forest).

The EALWCS highlights the adverse and dominating impact were turbines to be built within the nearby landscape character types. The EALWCS also highlights the potential adverse impacts of development of large-scale turbines within this LCT on the ‘landmark’ Auchenroy Hill and the Designed Landscape of Blairquhan and Craigengillan.

The Guidance for development concludes that there is NO scope for the larger typology (70 metres +) turbines in the sensitivity assessment of this LCT. The EALWCS is recent (adopted during 2013) and is authoritative.

4.7.24 Part of the proposed scheme is situated on LCT 10 (Upland River Valleys) and the scheme as a whole would dominate it. In addition to residential amenity, visitors approaching by the A713 tourist route would be adversely affected, as would the increasing numbers of walkers and other people enjoying the cultural and natural landscape of this beautiful part of the world.

4.7.25 LCT 21 (Rugged Uplands, Lochs and Forest) contains some of the wildest and most wonderful country in Ayrshire, with a strong sense of place and a Highland character. It is much loved by local residents and, increasingly, by visitors. There romantic uplands are a string asset for Ayrshire’s growing tourism offering. Views into and from this landscape would be defiled. This goes completely against the underlying ethos of the UNESCO Biosphere within which we are fortunate to live; the mutual benefit to man and the natural environment that comes from us respecting and caring for natural landscapes, which brings with it the sure foundation for sustainable development.

4.7.26 The proposal is contrary to policy ENV 2 of the AJSP relating to landscape protection. Detailed comments are provided under the local plan response below.

4.7.27 The proposal is contrary to policy ENV 7 and paragraph 104 of the AJSP relating to natural heritage designations. Detailed comments are provided under the local plan response below. Our earlier comments on the serious adverse impact on otters, bats, ospreys, hen harriers, otters and peregrine falcons are relevant. This area is known and valued for its wildness, peace, beauty and ‘sense of place’.

4.7.28 In relation to the East Ayrshire Local Plan, the proposal is contrary to the strategic aims of encouraging economic development, developing strong and vibrant communities and safeguarding and enhancing the quality of the built and natural environment. Re-industrialisation of the landscape and the severely adverse visual and noise impact would lead to loss of the future which we, as a community, have embraced – a future founded on nature and cultural tourism and outdoor activities within a much-loved and celebrated landscape.

In addition to the landscape, visitors are attracted by the wonderful diversity of wildlife. Many species, including bats, birds and red squirrels would be driven away of killed during the construction and operational phases of the proposed scheme.

4.7.29 The Local Plan has, as a priority, the regeneration of the former coal field communities. The proposal is completely at odds with this. The vision for our future, which is fast becoming a reality, is incompatible with the adverse visual and aural impact of these giant turbines. The impact of the turbines is ‘significant and adverse’.

Landscape quality would greatly suffer. The menacing huge turbines would loom over the Sensitive Landscape Area, the Designed Landscape of Craigengillan and Blairquhan and the hills, lochs and forests of the rugged uplands around Loch Doon and the Galloway Forest. The East Ayrshire Landscape Wind Capacity Study, adopted by East Ayrshire Council only last year, confirms that there is no scope for large-scale wind turbines here. In the Study, large-scale is 70 metres or more in height. The turbines proposed here are more than twice that height.

4.7.30 The proposed development would destroy the setting of the Dalmellington and Waterside Conservation Areas, many listed buildings, five SSSI’s, a Scheduled Monument, one of the four most highly rated Designed Landscapes and a Sensitive Landscape.

4.7.31 Within the Local Plan (volume 1, page 13) the East Ayrshire Community Plan is described as the most important strategic operational document produced by the Council. The theme of Delivering Community Regeneration is of particular relevance to the Local Plan. The Council is committed to ‘regenerating town centres and villages and dealing with rundown

areas’, ‘growing and supporting new and existing businesses’, ‘growing tourism and increasing visits’, ‘participation in cultural and leisure activities’ and ‘protecting, conserving and enhancing the natural environment’.

As detailed elsewhere, our community has a clear vision for regeneration, based on nature and cultural tourism within a celebrated landscape, Conservation Areas, a designated Sensitive Landscape and SSSI’s. Tourists come not just to facilities themselves, such as the miles of wonderful footpaths, the Observatory, the Riding Stables, but for the setting.

The setting would be very severely compromised by the proposed development. The June 2013 YouGov Opinion Poll found that 51% of people would be less likely to visit a scenic area of Scotland which contains large-scale developments such as commercial wind farms, pylons etc. Our recovery is a fragile one, which could not withstand it. The extinguishing of job opportunities and the consequent collapse of community well-being and self-confidence would be exceptionally sad.

Under 3.5 of Volume 1 of the Local Plan ‘the Council considers it imperative that all new developments should integrate fully with any existing or proposed developments in the area’. The proposed scheme cannot be so integrated. It is diametrically opposed to the regeneration projects which have been and will otherwise continue to be successfully developed.

4.7.32 The successful development of tourism to bring about regeneration is a prime objective in the Local Plan, as set out on page 22 of Volume 1. The tourism strategy aims to maximise the role that tourism can play in regeneration and to ‘increase visitor numbers based on the area’s built and cultural heritage and the sustainable use and promotion of the landscape quality of the area and its associated nature conservation interest.’ This is exactly what is happening here – regeneration based on nature and cultural tourism and outdoor activities.

As the Reporter in the Burnhead Planning Appeal stated in his decision letter: Tourism and recreation are central to the council and local community strategy for regenerating the economy in the Dalmellington area, which has suffered from the decline of coal mining. The natural environment is seen as a key asset, with about one third of all visitors taking part in outdoor activity such as walking. The local economy is fragile, and even if only 10-15% of potential visitors stayed away, the effect could be significant. Other parts of East Ayrshire already have many wind turbines, and the 2008 Scottish Government research report recommended that some areas should be left free of wind farm development. While the appellant sees this as being applicable at the all- Scotland level, I agree with the council’s suggestion that the principle is also valid at a regional level, though it needs to be balanced with other considerations.

The Reporter concluded that:

‘for a significant proportion of walkers, cyclists and riders, the quality of their recreational experience would be appreciably diminished by the visual impact of

the wind farm. This could result in fewer return trips, with those sensitive to turbines choosing to take their recreation elsewhere’.

We may have had hard times until now, but we recognise the natural assets we have to enable our vision for the future to become a real and enduring one. We have one of the most highly rated landscapes in Scotland, five SSSI’s, Listed Buildings, Scheduled Monuments, native hardwood woodlands and forests, lochs and rivers, twenty miles of completed footpaths, attracting over 45,000 visitors each year, a successful riding stables of high repute, a Fort and activity area for Cadet Forces, Scouts and other youth organisations and many others.

Equally importantly, we have a strong and spirited community with masses of talent and with the determination to succeed. Our new future is based on the natural assets with which we are blessed and the Dark Sky Park and UNESCO Biosphere designations with which we have been awarded.

4.7.33 The plan also makes a commitment to safeguarding the landscapes and buildings associated with Robert Burns, promoting the Doon and Irvine Valleys as gateways to East Ayrshire and unlocking the superb potential of Loch Doon, as recognised with the Development Plan. The enormous turbines proposed would loom over Loch Doon and its surrounding hills and over the landscape celebrated and loved by Burns.

The truth of the matter is that visitors coming to areas of natural beauty and biodiversity interest do not want to come to an industrialised landscape.

4.7.34 The proposal is contrary to policy TOUR 1 of the East Ayrshire Local Plan 2010 (EALP) regarding the active support of the Council for appropriate sustainable tourism. This Council has done. We, too, are right behind the policy and through huge hard work have created tourism initiatives to make this a place that increasing numbers of tourists will wish to come too. The very nature of these initiatives, as explained earlier, is incompatible with the turbine proposal.

4.7.35 The proposal is contrary to policy TOUR 2 of the East Ayrshire Local Plan 2010 (EALP) which encourages the development of a strategic footpath network. This we have done and nearly twenty miles of local footpaths take visitors through our beautiful landscape to famous destinations, including Ness Glen and Dalcairnie Linn. The paths are increasingly well used and explored, with over 45,000 walkers attracted each year. Walkers attracted by the superb and peaceful landscape, cultural interest and the remarkable biodiversity to be found here will be driven away by an industrialised landscape. This landscape has been protected and enhanced at huge and recognised effort following previous industrialisation. It would not be fair or just to have this work destroyed.

As can be seen from the photomontage visualisations, the key path linking the Straiton and Doon Valley walks and the popular path to the summit of Auchenroy Hill would be completely dominated by the turbines.

4.7.36 The proposal is contrary to policy TOUR 4 of the East Ayrshire Local Plan 2010 (EALP) advising that the Council will encourage and support the retention of existing tourist attractions. This again the Council has done. We will not, though, be able to retain such attractions if their setting is destroyed. Visitors will not return, jobs will be lost and, with them, the opportunity for regeneration.

Tourism creates jobs, not only directly at the attractions themselves, but also indirectly by supporting local shops, businesses, accommodation providers etc.

4.7.37 The proposal is contrary to policy PROP 2 of the East Ayrshire Local Plan 2010 (EALP) relating to the safeguarding and promotion of locations, landscapes and buildings associated with Robert Burns and the aim of achieving their designation as part of a World Heritage Site. Burns was a frequent visitor to Craigengillan and wrote a poem to the McAdam of the time, one of his earliest supporters and patrons. He would be horrified by this scheme, as he would have been by the turbines developed at Ellisland.

4.7.38 The proposal is contrary to policy PROP 3 of the East Ayrshire Local Plan 2010 (EALP) relating to the Biosphere designation. The central ethos of the Biosphere is the mutual benefit to man and the natural environment that comes from caring for and protecting our landscapes and natural environment. This principle is at the core of our vision for the future, as explained earlier. The sustainable development becoming a reality as a result of this foundation would be destroyed by the proposed scheme, which is therefore contrary to the ideals of the Biosphere. By no stretch of the imagination could wind farms, dependent on enormous public subsidy, be termed sustainable.

4.7.39 The proposal is contrary to policy CS14 of the East Ayrshire Local Plan 2010 (EALP) reflects policy ECON 7 of the AJSP which is referred to above. The severely adverse impact on the historic environment, areas designated for their regional and local natural heritage value tourism and recreational interests and communities means that the application would fail the tests for this scheme which is outside the Area of Search. The proposed development site adjoins and overbears a Sensitive Landscape Character Area which, as detailed earlier in this letter, has been evaluated as of high importance.

4.7.40 The proposal is contrary to policy CS14(F) of the East Ayrshire Local Plan 2010 (EALP) states that Sensitive Landscape designation shall ‘not unreasonably restrict the overall ability of the plan area to contribute to national targets’. East Ayrshire already contributes disproportionately to both renewable energy generation and coal. Production of the latter from opencast sites is equivalent to over 40% of the whole nation’s output. For generations before, we have contributed to coal production from the deep mines, iron for our ships and armies, hydro-electricity and commercial forestry.

Wind farm schemes already consented in Ayrshire would, according to the developers, be sufficient to power the whole of Ayrshire. We are just emerging

from the legacy of past industrial activity and have restored a huge area of the landscape and natural environment to create the foundation for our sustainable future. It would not be reasonable to expect further sacrifice.

4.7.41 Numerous Listed Buildings, the Conservation Areas of Waterside and Dalmellington, Scheduled Ancient Monuments, SSSI’s, 35 archaeological sites and the important Craigengillan Designed Landscape will be affected by the severe adverse visual and aural impact of the proposed development. The proposed turbines would dominate the hills and skyline and the Sensitive Landscape of the river valley below. The proposal is therefore contrary to these policies.

Although the site is not itself an SSSI it is very close to five of them. As referred to earlier, even the Applicant’s assessment acknowledges significant potential impact on birds, bats, otters and badgers. The application site contains many protected species including otters, badgers, red squirrels, bats and summer breeding and over-wintering birds.

4.7.42 The 280 hectare (700 acre) site is currently forested, but would be clear felled at the commencement of the proposed development - this despite the fact that trees sequester carbon, whereas there is no evidence that wind farms result in any net CO₂ emission reduction. This also despite the fact that this premature felling will yield only 95,000 tonnes of timber, compared to 170,000 tonnes if the forest is to be allowed to grow to maturity.

4.7.43 It is incredible that the applicant can suggest that such wholesale destruction of the existing forest habitat can somehow take place with impacts on protected species described as ‘not significant’ in virtually every instance. The applicant does acknowledge that there may be a ‘potentially significant’ impact on bats, all species of which are protected. Bats are sucked into the pressure vacuum created behind the enormous turbine blades and suffer a horrible death as their lungs explode. It is called ‘barotrauma’. Bats and their roosts are afforded protection in Scotland by the Conservation (Natural Habitats etc) Regulations 1994 (as amended). The Community Council notes that this legislation provides three tests that must be satisfied before the licensing authority can issue such a licence. They consider that this application would fail all three tests and as such would be illegal.

4.7.44 The proposal is contrary to policy ENV 3 of the East Ayrshire Local Plan 2010 (EALP) relating to consideration, protection and enhancement of the landscape within Sensitive Landscape Character Areas. The severe adverse impact is hard to overstate. The planned turbines could never be accommodated within or adjoining this much loved landscape, which is so important to our future.

One particularly admired view is that from the road leading from the A713 to Loch Doon. Although a minor road, it is a very important one as the gateway to the Galloway Forest Park and The Scottish Dark Sky Observatory and the site selected by the Forestry Commission’s consultants for a new visitor centre in the future. The view from here is quite magnificent, overlooking the Craigengillan

Designed Landscape and the wild hills beyond (see the photograph presented as Appendix XX). The turbines would break the horizon and destroy the peaceful and inspiring beauty. This would be vandalism. In his assessment of the view from this same position as far as Burnhead was concerned, the Reported found that:

‘The turbines would appear as a discordant feature which would detract from the appreciation of the HGDL and would draw attention to the opencast workings beside them’.

From many viewpoints, the turbines would be seen in relation to the fragmented and degraded nature of abandoned opencast workings; notably Dunstan Hill. The Reporter agreed with East Ayrshire Council that the proposed Burnhead wind farm and nearby opencast sites would have ‘mutually reinforcing effects in creating a prominent and unattractive focus of industrial clutter’. The same is true with the turbines proposed at Keirs Hill, which are 50% larger.

4.7.45 The proposal is contrary to policy ENV 4 of the East Ayrshire Local Plan 2010 (EALP). The giant turbines would dominate the setting of Listed Buildings, unlisted buildings in the Dalmellington and Waterside Conservation Areas and other locally important traditional buildings within the area.

4.7.46 The proposal is contrary to policy ENV 8 of the East Ayrshire Local Plan 2010 (EALP). The Designed Landscape and Historic Garden of Craigengillan is included in the Inventory and rated by Historic Scotland as being within the Top Four in Scotland, achieving the top award of ‘Outstanding’ in each of the seven criteria employed. Views from much of the Designed Landscape would suffer severe adverse visual impact from the turbines, as the Environmental Statement confirms in its ZTV diagrams.

4.7.47 The proposal is contrary to policy ENV 13 of the East Ayrshire Local Plan 2010 (EALP). Reference has already been made to the effects of the proposed turbines on otters, bats, badgers, peregrine falcons, ospreys, hen harriers and whooper swans. Red kites are now seen above the Bogton Loch SSSI and fly between it and the Galloway Forest. ENV13 refers to developments that affect SSSI’s, not just developments which are within an SSSI.

4.7.48 The proposal is contrary to policy ENV 14 of the East Ayrshire Local Plan 2010 (EALP). This confirms the precautionary principle in assessing potential impacts on the natural heritage.

4.7.49 The proposal is contrary to policy ENV 16 of the East Ayrshire Local Plan 2010 (EALP) which advises that the Council will not be supportive of development that would create unacceptable visual intrusion to the landscape character of local areas. As referred to earlier, the impact would be severe and adverse. The turbines would, if built, be a daily reminder of a vision and a future lost. The strength of local feeling against the proposal is hard to overstate. The number of letters of objection submitted gives some idea of this.

4.7.50 The proposal is contrary to policy ENV 20 of the East Ayrshire Local Plan 2010 (EALP). The proposed development adjoins the strategic and tourist route to the Galloway Forest Park. It would not be possible to screen or landscape the turbines so as to avoid the adverse visual impact. The result would be to reduce the attraction of this part of the Doon Valley for visitors and so blight the future based on green and cultural tourism, for which we have all worked so hard. As you know, our future lies with visitor based enterprises. Anything which deters visitors threatens our future.

4.7.51 We understand that the impact of these proposed turbines on The Scottish Dark Sky Observatory and the Dark Sky Park is likely to be significantly more adverse than those proposed at Burnhead. The proposed turbines are much greater in number (fifty, compared to eight at Burnhead) and size (149.5 metres tall, compared with 100 metres tall at Burnhead). They would protrude well above the currently pristine horizon. They would be required to be lit. No final decision appears to have been made as to whether this would be by infra red or visible lighting. As referred to earlier, infra red light would impact adversely on imaging work, both at The Scottish Dark Sky Observatory and on equipment used by others elsewhere in the Dark Sky Park. Visible lighting, required for aviation safety, either now or in the future, would compromise the whole ethos and value of the Dark Sky Park and the Observatory which serves it.

The Scottish Dark Sky Observatory This unique facility, the only publicly accessible, research grade observatory within a Dark Sky Park in the country (and one of only two in the world), would have its potential significantly reduced by the proposed Keirs Hill wind farm development. Turbines would protrude above the currently pristine horizon and mar the wilderness experience of visitors. The turbines would be required to be lit. No final decision appears to have been made as to whether this would be by infra red or visible lighting. As referred to earlier, infra red light would impact adversely on imaging work, both at The Scottish Dark Sky Observatory and on equipment used by others elsewhere in the Dark Sky Park. Visible lighting required for aviation safety, either now or in the future, would compromise the whole ethos and value of the Dark Sky Park and the Observatory which serves it.

We understand that the Trustees of The Scottish Dark Sky Observatory will be writing separately to confirm their concerns.

4.7.52 We have referred, in sections of this letter, to the decision by the Reporter to refuse the application to build a wind farm at Burnhead. While the two proposals are, of course, different, they share some similarities of impacts to a greater or lesser extent. The impacts vary according to turbine size (149 metres high at Keirs Hill, compared to 100 metres high at Burnhead) and proximity to houses, Conservation Areas, archaeological sites, tourist routes and destinations etc.

The Reporter found that the Burnhead proposal was not compatible with Local Policy ENV20 in that visitors using the strategic A713 tourist route would be significantly affected by ‘inappropriate, unacceptable or insensitive’ screening

and landscaping to mitigate the adverse visual impact was found not to be feasible for 100 metre high turbines. The proposed turbines at Keirs Hill would be 149 metres high, set on a prominent skyline, less than 2 kilometres from the A713.

The adverse impact of the Keirs Hill turbines on many parts of the Craigengillan Designed Landscape would be even greater than those planned for Burnhead, including on the important footpaths and bridleways. At Burnhead, the Reporter concluded that ‘for a significant proportion of walkers, cyclists and riders, the quality of their recreational experience would be appreciably diminished by the visual impact of the wind farm’.

The Reporter confirmed that tourism and recreation are central to the Council and Local Community strategy for regenerating the economy of the Upper Doon Valley and that the natural environment is seen as a key asset. He recognised that the local economy and its re-birth are fragile and that even if only a much lesser percentage of potential visitors than we fear would be deterred by the scheme, the effect would be significant.

4.7.53 The Reporter quoted Scottish Planning Policy within the Burnhead decision and we believe that the environment and our communities would be terribly tainted by the proposed development.

4.7.54 In Volume 3 of the Local Plan (page 15) it is stated: ‘strategically located on the A713, Dalmellington has considerable potential for development as a service/visitor centre for tourists and tourism development is seen as a major factor in the economic regeneration of the settlement.’. This is our belief too – and we will succeed if we are left alone.

The key points raised by the community council fall within one of a number of topic areas and have largely been linked to the Ayrshire Joint Structure Plan and East Ayrshire Local Plan. The general principle of wind energy development and the legality of this application are not matters for the Council to consider however the other matters are relevant. Matters relating to landscape and visual impacts, effects on communities, effects on natural and cultural heritage and impacts on tourism and recreation have been explored further at section 6 below. Whilst the findings of the Burnhead appeal decision are noted and some degree of comparison could be made with that development, each case should be determined on its own merits and the Planning Authority has assessed this development as such.

4.8 Patna Community Council, Drongan, Rankinston and Stair Community Council, Ochiltree Community Council, New Cumnock Community Council, and Dalrymple Community Council have not responded to their consultation at the time of writing this report. Patna Community Council have submitted comments direct to the Scottish Government which are detailed below.

4.9 Key consultation responses returned to the Energy Consents and Deployment Unit (ECDU) of the Scottish Government are summarised below.

 SNH has not objected but has raised concerns over a number of matters. This includes the adequacy and analysis of information relating to protected species and peat soils. Further, SNH has concerns regarding the proposed re-use of excavated peat and recommend the relocation or deletion of turbine 11 due to deep peat. In respect of landscape and visual matters, they recommend reducing the overall height of turbines to 125m and deleting or re-locating turbines 1, 8 and 14 although they do think that this location has scope for a wind energy proposal.  Glasgow Prestwick Airport has objected to the development due to potential adverse impact on radar. They note that there is currently no mitigation solution.  RSPB recommends turbine 11 be relocated due to deep peat and has no objections to the proposed wind farm subject to conditions.  Forestry Commission Scotland has advised that insufficient information is available to allow them to determine if the proposal complies with Scottish Government Policy on Control of Woodland Removal.  Historic Scotland does not object but finds that potential indirect impacts on several assets have been inadequately assessed, leading to an underestimation of the potential impact of the proposal.  SEPA have no objection subject to a number of conditions being attached to any consent and clarification on a number of matters including those in relation to peat re-use.  MoD has no objection to the proposed wind farm subject to conditions including the lighting of perimeter turbines with visible lighting and the remaining turbines with visible or infrared lighting.  Patna Community Council notes that numerous villages will receive impacts but that Patna will receive the greatest impact. The Community Council fully support the project and believe it will benefit the local community and residents. They believe the proposed wind farm at Keirs Hill to be of value to the area.  Crosshill, Straiton and Kirkmichael Community Council object to the development based on landscape and visual impact concerns, impacts on tourism and recreation, impacts on cultural heritage

5. REPRESENTATIONS

5.1 The applicant in accordance with the Electricity Act 1989, advertised the application in both national and local newspapers. The Council has been notified by the Scottish Government that 3419 objections and 477 letters of support have been received in connection with the application. No neighbour notification is required to be carried out under the Electricity Act 1989 and representations were invited to be sent directly to the Scottish Government’s Energy Consent’s and Deployment Unit.

5.2 As this is a Section 36 application, it is for the Scottish Ministers to take into account the representations received in the determination of this proposal. The main topics of objection and support have been summarised by the Scottish Government ECDU.

5.3 The points of objection are summarised as follows:

 Inappropriate location;  Impacts on designated, protected, archaeological and heritage sites;  Visual impact;  Cumulative impact;  Impacts on the local economy;  Impacts on the environment;  Impacts on wildlife;  Pollution;  Other disruption;  Inefficient;  There are other forms of energy;  Against local planning policy;  Inadequate public consultation;  Health and safety issues.

5.4 The points of support are summarised as follows:

 Good location;  Improvement to local amenities/transport network;  Good for the local economy;  Contributes to Scotland’s climate change targets;  A cleaner form of energy

6. ASSESSMENT AGAINST DEVELOPMENT PLAN

6.1 Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that planning applications be determined in accordance with the development plan unless material considerations indicate otherwise. Although this is a consultation from the Scottish Ministers and not a planning application, the proposed development should be assessed in a similar context. For the purposes of assessing the proposed development, the development plan comprises the Approved Ayrshire Joint Structure Plan (AJSP) (2007) and the East Ayrshire Local Plan (EALP) 2010.

Approved Ayrshire Joint Structure Plan

6.2 Policy ECON 6 Renewable Energy advises that proposals for the generation and utilisation of renewable energy should be promoted and will conform to the plan both in stand alone locations and as integral parts of new and existing developments where it can be demonstrated there will be no significant adverse impact, including adverse cumulative impact or infrastructure constraints, and where the design of the development is sensitive to landscape character, biodiversity and cultural heritage.

Through ECON6, all renewable energy proposals shall be supported where they are deemed appropriate in terms of a number of key considerations.

These considerations are dealt with in substantial detail under ECON 7 below, which deals specifically with large scale wind farm developments. In summary it is considered that this proposal will result in unacceptable significant adverse impacts on landscape, the setting of local communities, the A713 tourist route, cultural heritage resource as well as resulting in general adverse visual impacts from a number of locations in and nearby the Doon and Girvan Valleys in particular. Additionally, the development contributes to unacceptable adverse cumulative impacts on landscape and visual impact, the A713 tourist route and cultural heritage resources.

6.3 Policy ECON 7 (Wind Farms) states that:

(a) In Areas of Search proposals for large and small scale wind farm development will be supported subject to specific proposals satisfactorily addressing all other material considerations.

The proposed wind farm is not within either of the two areas of search identified in the AJSP.

(b) Areas designated for their national or international natural heritage value, and green belts, will be afforded significant protection from large scale wind farms;

The proposed windfarm is not located in an area with any national or international designations or green belt. There are four SSSI’s within 5km of the site boundary. Two, Dunaskin Glen SSSI and Benbeoch SSSI, are notified for their geological interest and as such the development has no impacts on them. Dalmellington Moss SSSI at 2.7km distance is notified for its raised bog habitat which supports locally rare plant species and Bogton Loch SSSI at 3.2km distance for its open water transition fen habitat and support for a diverse breeding bird community. The ES finds that the development will have no effect on these sites.

(c) The integrity of national and international designations should not be compromised;

As stated above, the proposal is considered to not adversely impact on the SSSI’s. The application site overlaps part of the Waterside Bing scheduled ancient monument (SAM) near to the wind farm access. However, the site access runs immediately adjacent to the north western tip of the Bing but does not intrude into the structure itself.

There are a number of indirect effects (effects on setting) resulting from the development. Principally, the Waterside scheduled monument complex incorporating a number of separate elements, the scheduled Laight Castle, the A listed Waterside Engine House and the Gardens and Designed Landscapes (GDL) of Craigengillan and Blairquhan House are national designations of most relevance to this development. It is considered that the development has an adverse impact on the setting of a

number of these features which are discussed in more detail at (e) below and under the relevant local plan policies.

(d) Cumulative impact will be assessed in all relevant cases, taking into account existing wind farms, those which have permission and those that are the subject of valid but undetermined applications. The weight to be accorded to undetermined applications will reflect their position in the application process. Where the limit of acceptable cumulative impact has been reached the area will be afforded significant protection.

Cumulative impact can be in terms of landscape and visual impacts as well as cumulative impacts on other features such as cultural and natural heritage and routes.

The recently consented Dersalloch windfarm in South Ayrshire, across the B741 from the site, sits adjacent to this proposal. Hadyard Hill in South Ayrshire and Windy Standard and extension in Dumfries and Galloway are the next nearest sites, approximately 15km distant.

There are a number of application stage wind farms in close proximity to the site. This includes the s36 sites of Linfairn in South Ayrshire located south west of Straiton, South Kyle wind farm south east of Dalmellington and Glenmount wind farm on the western bank of Loch Doon.

The Keirs Hill site, in addition to the consented Dersalloch scheme and the application stage windfarms within 10km of this site, results in a number of significant impacts on landscape and visual resource including the Girvan and upper Doon Valleys and on the Sensitive Landscape Character Area. Cumulative impact which includes the development is experienced from various settlements but principally the towns of Patna, Dalmellington and Bellsbank. In the case of Patna the Keirs Hill proposal is the most prominent of all of the proposals.

Turning now to cultural heritage, it is considered that Craigengillan GDL and Colonel Hunter Blair’s monument on Craigengower hill will be unacceptably adversely affected.

The A713 is an important tourist route into and out of East Ayrshire. As described further below, the Keirs Hill proposal significantly impacts on the East Ayrshire stretch of that route. However, other proposed and existing windfarms in East Ayrshire and Dumfries and Galloway have the potential to be visible from this route. From Carsphairn in Dumfries and Galloway, consecutive windfarms would be visible until the traveller passes Patna. From Hollybush, consecutive views of windfarms would be available until nearing Carsphairn. This represents a large stretch of the A713, changing the appearance and setting of the route and adding prominent windfarm development near to this route.

(e) Outside the Areas of Search: all wind farm proposals will be assessed against the following constraints, any positive or adverse effects on them and how the latter can be overcome or minimised:

Historic Environment

As noted at (c) above, the site incorporates an area of Scheduled Ancient Monument as well as potential archaeological resource and non statutory historic sites. There are also a number of SAM’s, GDL’s and listed buildings of various categories within 5km’s of the site. Views will be available to, from and across many of these features and different impacts will be experienced by each. Many of the impacts have been illustrated through the submission of viewpoints. In this respect the following are relevant:

VP 2: Auchenroy Hill demonstrates the impact on the north western corner of the Craigengillan GDL VP 3: Core area of the Waterside SAM VP 5: Near to northern tip of the Waterside SAM complex VP 6: Colonel Hunter Blair monument (B listed, within South Ayrshire) VP 7: Northern part of Dalmellington Conservation Area VP 17: Blairquhan GDL (within South Ayrshire)

The ES finds that there are no significant impacts to the historic environment and whilst they do not agree with the detailed assessment of some of these resources (in particular the Waterside SAM complex) both Historic Scotland and WoSAS generally concur that adverse impacts are not sufficiently adverse to warrant an objection.

It is considered that the development adversely affects the setting of the Waterside SAM complex and conservation area. The turbines are located on and above the containing valley skyline and immediately above the scheduled bing. As demonstrated by VP 3, these turbines draw significant attention away from the monument complex and are a discordant and distracting feature. On this basis it is considered that the assessment underrates the impact on this site although it is also considered that the impact is not necessarily to the extent of being a significant adverse impact on the actual understanding and appreciation of the monument complex itself.

Turning now to the other resources, the development offers minimal impact on the whole of the Craigengillan GDL including the ‘core’ of the estate. However, some parts of the estate do experience significant impacts. Auchenroy Hill at VP 2 is one of these points primarily due to its proximity and ability to afford commanding views over the Doon Valley and beyond, into which the development occupies a very prominent position. Whilst this is considered to be a significant impact on part of the

GDL it does not lead to the Craigengillan GDL designation as a whole being unacceptably adversely affected.

The Colonel Hunter Blair monument is largely designed to be prominent and viewable from over a large extent of the Girvan valley including from the Blairquhan Estate. A key view from Blairquhan is specifically focused from the castle in the estate through a ‘notch’ in the tree planting. The development does not intrude on this particular view but is readily visible above the Girvan valley from parts of the Blairquhan estate and surrounding area and to an extent it competes for the viewer’s attention. When at the monument itself the development occupies a large section of the available view and is in relatively close proximity although it can be said that this is in a marginally less sensitive direction. On balance it is considered that the setting of the monument is unacceptably adversely affected by the development.

The Dalmellington conservation area is mainly focused on the more enclosed town centre where views are limited and the setting is somewhat defined by this. However, from the northern part of the conservation area there are excellent views along the valley where the B listed church has clearly been positioned to occupy and take advantage of this prominent location. From this location the development breaches the containment provided by the valley sides and occupies a prominent part of the view and as such represents an adverse impact on the setting of the conservation area.

There are a number of cumulative impacts on the historic environment and in particular from Craigengillan GDL and Colonel Hunter Blair’s monument on Craigengower hill. These effects are primarily the result of the development in combination with the now consented Dersalloch but also with South Kyle and Glenmount (Craigengillan) and Linfairn (Craigengower). Both of these heritage assets suffer significant adverse cumulative impacts through windfarms extending in different directions and occupying large sections of the views contributing to an encircling effect.

Areas designated for their regional and local natural heritage value

There are a number of such designations in the surrounding area including one located within the central part of the application site, the Wallace Moor/Keirs Hill Provisional Wildlife Site. Such sites were designated for their contribution to local biodiversity. The applicant has not taken any of these local designations into account in the ES. Notwithstanding this, much of the actual wind farm development avoids this area with the exception of some of the access track and turbine 9 which is near the edge of the PWS and as such it is considered that impacts on this local designation are likely to be minimal.

Tourism and recreational interests

The A713 is part of the Galloway tourist route, a nationally recognised route that runs through the Doon Valley which itself is described in the Local Plan strategy as a tourist gateway. The proposed wind farm will be highly visible from large sections of the A713 tourist route. This route forms a vital connection for Ayrshire given its designated status and its linkages into Dumfries and Galloway and through to the M74 motorway network at Gretna. The ES predicts a locally significant impact largely between Hollybush and Dalmellington and the majority of the remainder of the route having ‘not significant’ impacts. When travelling north in particular, the wind farm would be a prominent feature in views along the valley, projecting above the containing valley sides. Whilst the A713 is extensive, the impacts of this development fall on the vast majority of the East Ayrshire section of the route with the potential for adverse impacts on tourist visits to the local area. The cumulative impacts on this route are discussed above.

A significant local tourism and recreational resource is the Craigengillan Estate. In this respect, the Estate includes the Scottish Dark Sky Observatory (SDSO) linked to the designation of the UK’s first Dark Sky Park at the Galloway Forest, a large commercial stables, the Carrick Fort used by cadet and uniformed groups as well as a significant number of paths. Whilst it is accepted that Keirs Hill alone does not significantly affect the Craigengillan GDL designation, it does contribute to an encircling effect with other windfarms and would extend the presence of turbines beyond the already consented Dersalloch scheme.

It is considered that the development will have an adverse impact on a large number of walking routes through its adverse and intrusive visual impact. There is an extensive path network within the Doon and Girvan valleys, much of which forms a core path network or are rights of way or promoted routes. Whilst some of these paths are likely to be more utilised for localised recreational use, a number have links towards the Loch Doon and Merrick Hills area which are particularly popular tourist walking and cycling areas.

There are a number of smaller scale tourist accommodation providers within the local area. Other tourism and recreational facilities such as fishing sites, the steam railway preservation group open days and horse riding are important to the local area and in proximity to the site.

The ES predicts that the majority of tourist related business will have no or low impacts or indeed beneficial impacts from the development. Similar findings are given for impacts on recreation and those that may be significant are not supported through the findings of national research evidence. It is considered that the ES significantly underestimates the impacts on tourism and recreational interests in the local area and does not provide a robust and reliable assessment of potential impacts.

Furthermore, the ES has assessed that this development will have no impact on the SDSO and bases this on an assessment undertaken for the

Dersalloch wind farm. The assumptions of this assessment rely on the use of infrared lighting on the turbines however the response from the MoD has sought visible lighting of the perimeter turbines. This invalidates the position and as such the Observatory may now be adversely affected by such lighting with potential resultant impacts on its ability to operate efficiently.

Communities

The relevant local settlements are listed below as are a number of individual rural properties. The separation distance from the edge of each settlement/property to the nearest turbine is as follows with a representative viewpoint number from the ES:

Patna: 1.03 km’s VP 4, P1 - P5 Waterside: 1.7 km’s VP 3, W1 - W4 Polnessan: 3.4km’s none Straiton: 3.6 km’s VP 8 Burnton: 4.15 km’s none Dalmellington: 4.3 km’s VP 7 Bellsbank: 4.9 km’s none Kirkmichael: 6.0 km’s VP 9 Hollybush 7.0 km’s none Crosshill 7.5 km’s none Maybole 10 km’s VP 10

High Keirs: 0.98 km’s R4 Gass: 1.34 km’s VP 1, R1 Low Keirs: 1.39 km’s R5 Grimmet: 1.48 km’s R2 Drumgrange: 1.68 km’s R6 Auchenroy: 1.97 km’s R3

Wind farm developments pose a number of different impacts on communities. These include shadow flicker, noise and visual impact amongst others. Through the ‘Addendum to the Ayrshire Joint Structure Plan Technical Report TR03/2006: Guidance on the Location of Windfarms within Ayrshire.’, a 2km separation distance to towns is required and a distance of 10 times the turbine rotor blade diameter (whichever is the greater) (in this case approx. 1040m) from an individual dwelling, work place or community facility should be observed.

However, Scottish Planning Policy does not advocate such a prescriptive approach and considers that the 2km separation distance should be treated as a guide rather than a rule with specific local circumstances to be considered in each case.

The closest settlement to the application site is Waterside however the closest to the turbines is Patna at marginally over 1km. The development

is therefore well within 2km’s from both the site boundary and from turbines. One dwelling (High Keirs Cottage) is located within 1040m of the proposed turbines and approximately 850 properties (residential and commercial) are within 2km of the turbines.

The Council’s noise consultants have considered the submitted information and have advised that subject to the adoption of the proposed noise limits as identified by ACCON in their report, there would be no over- riding reason for refusal of the windfarm in respect of noise.

In terms of shadow flicker the ES predicts that two properties could experience effects, High Keirs and 14 Keirs Crescent. This is a worst case prediction and anticipates that High Keirs could experience up to 27 minutes a day for up to 26 days a year with 14 Keirs Crescent experiencing up to 28 minutes a day for up to 57 days. The ES considers that this is within reasonable levels of effect based on a 2003 report. The ES advises that should complaints be received regarding shadow flicker, mitigation measures such as tree planting and installing blinds could be adopted and where there is nuisance, mitigation could be to the extreme of shutting down individual turbines.

In Scotland no guidance is available on what is and is not a reasonable degree of impact on residential property from shadow flicker. It is the view of the Planning Authority that such effects should not be suffered at all by properties. On this basis it is considered that planning conditions should be put forward that introduce a shut down protocol for turbines that avoids such adverse impacts on residential amenity. This could have an impact on the production capabilities of the wind farm however given that few turbines are involved and the shutdown periods would be limited it is considered to be an acceptable compromise to adequately protect residential amenity.

It is considered that the visual impact on a number of settlements and the surrounding rural area will be significant and unacceptably adverse. In particular the effects on Patna and Waterside will be severe. The setting of both of these settlements will be dominated by the wind farm which would become the defining feature of both settlements. The approach to both towns along the A713 would be dominated by the turbines which significantly breach the containment provided by the valley sides and would largely be seen immediately above, and hanging over, Patna. As Waterside is largely orientated towards the development the full effect of the wind farm would be noticeable to most properties and when moving around within the settlement. There would be little relief from any part of the settlement. Within Patna, the built form would offer some screening effects when moving around the town however large parts of the town would experience partial or full views of turbines at close proximity. A number of properties and indeed streets are orientated towards the wind farm therefore the presence of the wind farm becomes the dominant feature. This would be the defining characteristic of the town.

In terms of the other settlements, Straiton, Polnessan, Burnton, Dalmellington and Bellsbank will experience significant effects. The ZTV shows that Straiton village itself will receive more limited views which will be further reduced by the effects of built and natural screening and as such it is not considered that the wind farm will be an intrusive feature from within the town. However, Straiton is nestled within the Girvan valley and as such its setting is partly formed by the Middle Dale landscape around it which is noticeable in approaches from the west of the village in particular. The wind farm would be located on the horizon and will adversely affect the setting of the valley landscape, into which the town sits. Polnessan is orientated east to west with the settlement benefiting from some screening however the scale and height of the development ensures that visual impacts will be significant from this general area.

Turning now to Dalmellington, the ES predicts moderate impacts which are significant. The wind farm will be partially screened from the core of the town however the higher northern section and more open western section of the town will have more open and clear views. The majority of turbines would be seen from Dalmellington with most at nearly full height. A large number of turbines would appear to be located on the ridge line with the height of the turbines accentuating the effect. Bellsbank will experience similar effects particularly at its more open northern section where a number of houses orientate directly towards the site. This effect lessens towards the south of Bellsbank where built form and the landform of Auchenroy Hill provide screening. Burnton and Polnessan have not been assessed by the ES however the ZTV shows that the full extent of the wind farm from at least hub height will be viewable.

Individual rural properties within close proximity of the windfarm receive significant effects also and it is considered that the property of High Keirs Cottage would experience overbearing effects. Such impact would make this property an undesirable/unsatisfactory place to live.

Buffer zones

The Structure Plan guidance requests a 30km buffer around the Areas of Search unless detailed analysis can show that development proposals of more limited scale are acceptable in terms of visual and cumulative impact. The proposed site is located within the 30km buffer from the search area located in South Ayrshire.

Aviation and defence interests

The consultations undertaken by the Scottish Government indicate that:

 An objection has been submitted from Glasgow Prestwick Airport  NATS have no objection to the development  The MoD has no objections subject to conditions which include the visible lighting of the perimeter turbines.

Broadcasting issues

The ES advises that 6 properties could receive adverse impacts on their television reception. Radio reception, microwave and telemetry communication are not expected to be impacted upon. The ES advises that a planning condition would be suitable which would set out proper assessment and mitigation measures should such impacts occur.

(f) Proposals affecting Sensitive Landscape Character Areas shall satisfactorily address any impacts on the particular interest that the designation is intended to protect but the designation shall not unreasonably restrict the overall ability of the plan area to contribute to national targets.

The application site is within an area designated by the AJSP as a SLCA. Whilst this does not in itself present a barrier to the proposal, it does require that greater consideration be given to the impact on the landscape.

A proportion of the application site is within the Doon Valley SLCA (which is the Local Plan interpretation of the wider AJSP designation). This Area extends from Dalrymple in the north to the most southerly part of East Ayrshire within the Galloway Forest Park. It incorporates the Doon Valley towns and largely follows the valley sides before expanding out through Craigengillan and Loch Doon.

The eastern part of the application site overlaps with the SLCA which includes three turbines and the access. Given the scale of this development it will have a significant influence over the SLCA. The ES predicts locally significant impacts on the SLCA with lesser effects in what is considered to be the more scenic area around Loch Doon and Dalmellington. It is considered that the development will have significant adverse direct and indirect impacts on the local landscape with turbines intruding into the SLCA designation itself. Visibility within the SLCA from this development is extensive particularly along the A713 corridor from Dalmellington to Hollybush. Views across the SLCA from higher ground are also significantly adversely affected by the development. It is considered that the development represents a significant adverse impact on the SLCA which degrades the purpose of the SLCA to protect and enhance the sensitive landscape.

(g) In all cases, applications for windfarms should be assessed in relation to criteria including, as appropriate, grid capacity, impacts on the landscape and historic environment, ecology (including birds), biodiversity and nature conservation, the water environment, communities, aviation, telecommunications, noise and shadow flicker.

Connection to the grid is outwith the scope of this application however the applicant has advised that an overhead line between the site and Coylton sub station north east of Drongan would be the likely route. As noted above, there will be an impact on both the landscape and the historic environment. The development will be out of scale with the environment

and will be a major adverse influence on its appearance. The historic environment is also impacted upon by the development albeit not physically. Settings and views to and from Monuments, listed buildings and Designed Landscapes will be affected to varying degrees.

In relation to ecology, biodiversity, nature conservation and the water environment, it should be noted that SNH, SEPA and the RSPB has raised no objection to the development. However they have recommended that further information be provided on a number of protected species including bats, otters and badgers, have concern over how peat is intended to be used and that turbine 11 in particular should be deleted or removed due to deep peat.

As noted above, it is considered that the development will offer significant adverse impact on local communities primarily through visual impacts.

An aviation objection from Glasgow Prestwick Airport remains outstanding. Adverse impact on telecommunications is not expected. The Council’s noise consultant has advised that operational noise from the windfarm will be within acceptable limits and therefore residential properties will not experience unacceptable adverse impacts. Some impacts are expected from shadow flicker however it would be recommended that suitable mitigation be secured through planning condition to avoid such impact.

6.4 Policy TRANS5 ensures the Ayrshire Councils shall work in partnership to promote the appropriate movement of freight transport. Of particular relevance to this application, TRANS5 directs the councils to:

(c) promote road freight movement in a manner that minimises disruption to local communities and use of inappropriate public roads.

The erection of the wind turbines themselves, as well as the associated access tracks and infrastructure, will result in significant additional road traffic in the local area. The applicant has advised that turbines will be delivered via Port of Ayr Docks. This minimises the distance that the turbine components require to travel and represents best practice. The Roads Division has raised no objection to the development but has proposed a number of planning conditions, the topics of which are set out at section 4 above. Many of these conditions relate to works which may require to be undertaken at Boneston Bridge near Hollybush. In relation to the aggregate requirement of the development, the applicant advises that no borrow pits will be created on site and therefore all of the aggregate will be sourced from quarries in the local area but do not specify which quarries. This has the potential to affect communities on the stone haul route. The Roads Division has raised no objections to such a scenario provided suitable conditions were attached to any grant of consent that sets out the detail including quantities and source of the stone, vehicle movements and routes.

6.5 Through ENV1 of the Structure Plan, the quality of Ayrshire’s landscape and its distinctive local characteristics shall be maintained and enhanced. In providing for new development, particular care will be taken to conserve those features that contribute to local distinctiveness including, or particular relevance to this application:

(a) settings of communities and buildings within the landscape; (d) historic landscapes; (e) skylines and hill features, including prominent views

The proposed development will have a particularly significant adverse impact on the setting of Patna and Waterside, as detailed above. The Craigengillan and Blairquhan estates will experience some significant localised impacts on parts of these historic landscapes. The turbines are located just above the containing valley side and due to the height of the turbines and their minimal set back from the valley side, they would be a prominent, and from large areas, the dominant feature in views along and across the Doon and Girvan valleys.

6.6 Policy ENV2 requires that in Sensitive Landscape Character Areas the protection and enhancement of the landscape shall be given full consideration in the preparation of local plans and the determination of planning applications.

As stated in relation to ECON7(f), the proposed development will have a significant adverse impact on this area, identified as being of particular value to the landscape of Ayrshire as a whole.

6.7 Through Policy ENV6, development proposals considered to have an adverse effect on specified heritage resources shall not conform to the structure plan:

(a) listed buildings of architectural and historic interest; (b) designated conservation areas; (c) historic gardens and designed landscapes; and (d) archaeological locations and landscapes

As stated in relation to ECON 7(e)(historic environment) there are considered to be adverse impacts on a number of heritage resources. These include Waterside SAM complex and its listed buildings and conservation area, the GDL’s of Craigengillan and Blairquhan, Dalmellington conservation area and a number of listed buildings. The various features listed at ECON 7(e) will suffer, to varying degrees, adverse indirect effects primarily through intrusion into the setting of such features. Colonel Hunter Blair’s Monument is considered to be impacted to such an extent as to be unacceptably significantly effected albeit this policy advises that any adverse effects would be contrary to the policy and not just those with significant effects. In relation to the archaeological resource, WoSAS has raised no objection subject to an appropriate planning condition.

Adopted East Ayrshire Local Plan

6.8 Policy SD1 states that the Council will adhere to the principles of sustainability in it consideration of all development proposals and will seek to ensure that all new development contributes positively to the environmental quality of the area. In this regard, the Council will ensure that all new development does not have any unacceptable adverse impact on:

(i) The character and appearance of the particular location in which it is proposed.

It is considered that the proposal will result in a significant change in the character and appearance of the local area including nearby settlements and local landscapes. It is accepted that wind farms, by their very nature, are prominent features in the landscape and will offer a degree of visual intrusion. However in this case it is considered that the impacts on the landscape and visual receptors including towns, rural properties, transport routes and tourism and recreational locations are significantly adverse and result in fundamental changes to the character and appearance of the area.

(ii) The environment and amenity of local communities and residents of the area;

The proposal offers no adverse impact by way of noise subject to the conditions put forward by the Council’s noise consultant and the effects of shadow flicker could be avoided altogether through planning conditions. Visual impact will be experienced by local communities with impacts on the settlements of Patna and Waterside considered to be particularly severe with other settlements and rural properties also experiencing effects that are significant. On this basis the development will be injurious to the local environment and level of amenity enjoyed by communities.

(iii) Landscape character and quality;

The proposal partially sits within and will adversely affect the Sensitive Landscape Character Area as set out at policy ECON 7 of the structure plan. As noted previously, the development is considered to offer an unacceptable adverse impact on the SLCA and the setting that this provides to the local settlements.

(iv) Natural or built heritage resources.

An assessment of impacts on the natural and built heritage resources is provided under policy ECON 7 above.

6.9 Policy CS12 states that the Council will positively support and promote the development of sympathetic renewable energy proposals both in stand alone locations and as integral parts of new and existing developments where it can be demonstrated that there will be no significant, unacceptable adverse

impact, including adverse cumulative impact with other existing renewable energy developments or other renewable energy developments which are consented or under construction;

(i) on any recognised statutory or non statutory sites of nature conservation interest;

(ii) on the amenity of nearby communities or sensitive establishments, including individual or small groups of houses in the countryside that may be adversely affected by reason of noise emission, visual dominance and other nuisance;

(iii) on any recognised built heritage resources, including Listed Buildings, Conservation Areas, Scheduled Ancient Monuments, archaeological sites and landscapes and Historic Gardens and Designed Landscapes and their individual settings;

(iv) on the visual amenity of the area and the natural landscape setting for the development, particularly within the Sensitive Landscape Character areas as identified on the local plan rural area map; and

(v) on existing infrastructure

Developers will also be required to demonstrate to the satisfaction of the Council that all energy production will be generated either at, or in as close proximity as possible to, the source of materials used in the generation process and that there will be no unacceptable adverse environmental impact caused by any proposed connections linking the proposed development with the national grid and the surrounding road network.

Policy CS12 provides a general support for renewable energy proposals provided that it does not have significant adverse impact on a number of different criteria. This reflects the position set out within SPP. As noted elsewhere, it is considered that there are significant adverse impacts on local communities by way of visual impact from the development which is most particularly felt in Patna and Waterside and the rural property of High Keirs Cottage but also in a number of other settlements. Adverse effects are experienced by Craigengillan and Blairquhan GDL’s, a number of cultural heritage features including scheduled monuments and listed buildings, the A713 tourist route and various walking routes. The SLCA experiences direct and indirect unacceptable adverse impacts and local landscapes, which help to form the setting of settlements, are adversely affected.

Additionally, the development contributes to cumulative impacts from a number of windfarms in the surrounding area. This results in significant adverse cumulative landscape and visual impacts in particular on the Doon and Girvan Valley areas, much of which are considered to be sensitive as reflected by their local landscape designations and will therefore effect the settings of, and views to and from, Dalmellington,

Bellsbank, Burnton and Straiton. Additionally, the A713 tourist route and cultural heritage resources will experience significant adverse cumulative impacts.

6.10 Policy CS14 advises that the Council will assess all applications for wind farm developments, including extensions to existing, consented and/or operational wind farms, against the provisions of Policy ECON 7 of the approved Ayrshire Joint Structure Plan: Growing a Sustainable Ayrshire and any future supplementary planning guidance to be prepared relating to cumulative impact. Policy ECON7 states:

(a) In the Areas of Search, proposals for large and small wind farm developments will be supported subject to specific proposals satisfactorily addressing all other material considerations.

(b) Areas designated for their national or international heritage value, and green belts, will be afforded significant protection from large scale wind farms.

(c) The integrity of national and international designations should not be compromised.

(d) Cumulative impact will be assessed in all relevant cases, taking into account existing wind farms, those which have permission and those that are the subject of valid but undetermined applications. The weight to be afforded to undetermined applications will reflect their position in the application process. Where the limit of acceptable cumulative impact has been reached, the area will be afforded significant protection.

(e) Outside areas of Search all wind farm proposals will be assessed against the following constraints, any positive or adverse effects on them and how the latter can be overcome or minimised:

(i) Historic environment; (ii) Areas designated for their regional and local natural heritage value; (iii) Tourism and recreational interests; (iv) Communities; (v) Buffer zones; (vi) Aviation and defence interests; (vii) Broadcasting installations.

(f) Proposals affecting Sensitive Landscape Character Areas shall satisfactorily address any impacts on the particular interests that the designation is intended to protect but the designation shall not unreasonably restrict the overall ability of the plan area to contribute to national targets;

(g) In all cases, applications for wind farms should be assessed in relation to criteria including, as appropriate, grid capacity, impacts on the landscape and historic environment, ecology (including birds), biodiversity and nature conservation, the water environment, communities, aviation, telecommunications, noise and shadow flicker.

Note (i):

In order to assist in the assessment process, the Rural Area Proposals Map defines an Area of Search for large scale wind farm development. This defines the boundaries of the Area of Search indicated in the structure plan Key Diagram and referred to in parts A and E of Policy ECON7.

Note (ii):

In order to help developers minimise the environmental and visual impact of their wind farm proposals, the Council intends, in conjunction with North and South Ayrshire Councils, to prepare detailed supplementary guidance pertaining to the cumulative impacts of wind farm developments. The supplementary guidance to be prepared will be adopted by the Council, following discussion and engagement as a material consideration in the assessment of all new wind farm proposals and developers will be expected to pay due regard to the provisions of the guidance in the formulation of their proposed developments.

This policy largely replicates the content of policy ECON 7 of the Ayrshire Joint Structure Plan and a full response to that policy is provided above.

6.11 Policy CS15 states that the Council will, if mindful to grant planning permission for a commercial wind farm development, require applicants to contribute to a dedicated Renewable Energy Fund which will be used to finance sustainable community environmental projects, particularly those designed to help reduce carbon emissions and counteract global warming. For a period of 10 years from the commencement of construction work on the wind farm, all contributions will be directed exclusively to local projects within 10 kilometres of the boundary of the wind farm. Thereafter, 50% of the contributions received will be directed towards local projects with 50% being reserved for use in the wider East Ayrshire area. Contributions will be payable annually and be set at a standard rate of £2500 per megawatt of installed capacity per annum, index linked to 1 January 2008.’

The applicant has indicated that they will not contribute to the Renewable Energy Fund. Alternatively the applicant proposes that the community will benefit through their own commitment to provide financial benefit direct to the local community throughout the lifetime of the windfarm.

6.12 Policy CS16 advises that where a wind turbine is not in operation producing electricity for a continuous period of six months, the operator will be required to provide evidence to the Council that the apparatus is in the process of being repaired or replaced. Otherwise, the Council will deem the turbine to be surplus to requirements and require its removal, with the land restored to its original condition within an appropriate period to be agreed with the Council.

Should planning consent be granted it is recommended that a planning condition be attached to address the requirements of this policy.

6.13 Through Policy T3 the Council will require developers, in formulating their development proposals to meet all of the requisite standards of the Council as Roads Authority. Developments which do not meet these standards will not be considered acceptable and will not receive Council support. Of particular relevance to this application developers should ensure that their proposed developments (iii) incorporate all necessary measures to minimise pedestrian and vehicular conflict.

Details of the proposed access and transport arrangements and the comments and position of the Roads Division have been set out above. Subject to appropriate planning conditions the proposal meets the requisite standards of the Roads Division.

6.14 Through ENV1, the Council will seek to protect, preserve and enhance all built heritage resources requiring conservation including Listed Buildings and Conservation Areas, together with their respective settings, Historic Gardens and Designed Landscapes, Scheduled Ancient Monuments and Archaeological and Industrial Archaeological Sites and Landscapes.

A detailed position on the relevant built heritage resource is set out above. As noted, it is considered that there will be adverse impacts on the settings of a number of such resources.

6.15 Policy ENV3 gives prime consideration to the protection and enhancement of the landscape in the consideration of development proposals within the Sensitive Landscape Character Area. The Council will ensure all development proposals in these areas respect, in terms of design, size, scale, and location, the local landscape characteristics of the particular area.

A proportion of the application site is within the Sensitive Landscape Character Area and the development exerts influence over a large section of this area. Detailed comments are provided above.

6.16 Through ENV8, developments affecting Historic Gardens and Designed Landscapes shall protect, preserve and enhance such places and shall not impact adversely upon their character, upon important views to, from and within them, or upon the site or setting of component features which contribute to their value.

The development will be visible from parts of the Craigengillan and Blairquhan Estates and will have an impact on their setting. The ES finds some locally significant impacts but considers that the overall integrity of these estates is not adversely affected. The Planning Authority generally agrees with this finding.

6.17 Through Policy ENV15, the Council will not be supportive of development which would cause unacceptable and irreparable damage to important landscape features within rural areas. Developers will be expected to conserve and enhance those features that contribute to the intrinsic landscape value and

quality of the area concerned and which are likely to be adversely affected by the particular development proposed including, of relevance to this application,

(i) existing setting of settlements and buildings within the landscape;

Due to its prominent position at the edge of the valley side, its size and scale and its general proximity to Patna and Waterside in particular, the development will cause unacceptable long term damage to the local landscape and as such very significantly adversely affects the settings of these two settlements in particular.

(v) existing Public Rights of Way, footpaths and bridleways;

The development will have an adverse impact on a number of local walking routes and walking destinations. In this respect the popular Auchenroy and Craigengower Hills, amongst other local hills, are anticipated to experience significant visual effects with the development occupying a very prominent position and interrupting key views. Such impacts are reinforced by the proximity of the development to these locations and the scale and height of the development. Significant impacts are expected on a number of other local routes including core paths, rights of way and other footpaths. The scale, height and position of this development ensures that the presence of the wind farm becomes a key element when moving around the local area and as such the outlook from such walking routes and the quality of the recreational experience would likely be appreciably diminished.

(vi) existing skylines, landform and contours.

Windfarm developments often occupy, to some degree, a skyline location. In this case and as demonstrated by the supporting graphics, the skyline of two valleys in particular will be noticeably affected. The ES advises that the turbines have been set back from the (Doon) valley edge however it is considered that a number of turbines seem to occupy the upper slopes of the Doon Valley. The skyline will be significantly breached with turbines intruding into and looming over the more intimate Doon and Girvan Valley’s to the extent that large proportions of individual turbines project above the valley edge and visually appear to be located on the ridge line, for example VP4 and VP8.

6.18 Local Plan policy ENV16 states that the Council will not be supportive of development that would create unacceptable visual intrusion or irreparable damage to the landscape character of the rural area. Development should be in keeping with, have minimal visual impact and reflect the nature and landscape character of the rural areas in which it is located, in terms of layout, materials uses, design, size, scale, finish and colour.

It is considered that the proposed development will create significant visual intrusion to the landscape for the duration of the operation of the wind farm. As set out elsewhere in this report, there is unacceptable

visual intrusion from this development and the landscape character of the area will be significantly adversely affected.

6.19 Policy ENV17 relates to land within the rural area that has not been identified as specific development opportunity sites. It lists six requirements, the most relevant of which are considered to be whether the proposal would have significant unacceptable adverse impacts on (ii) built heritage (iii) natural heritage (iv) visual, landscape and scenic quality (v) water resources and (vi) peat. There will be a general presumption against development which would cause such impacts.

Detailed responses on these matters have been provided above.

6.20 Policy ENV20 states that the Council will ensure, wherever possible, that the environmental quality of the main strategic access and tourist routes through East Ayrshire is not compromised by inappropriate, unacceptable or insensitive development. All developers whose proposals lie adjacent to these routes will be required to demonstrate to the Council that their developments are adequately screened and landscaped so as to minimise any adverse impact they may otherwise have on their environmental setting.

The site lies to the west of the A713 which forms part of the Galloway tourist route, an important route within East Ayrshire serving the Doon Valley and connecting Ayrshire generally with Dumfries and Galloway and ultimately the M74 at Gretna. Given the nature of wind farm development, screening and landscaping cannot be utilised to ‘hide’ the development.

In this instance the development will be highly visible from the majority of the A713 where it passes through East Ayrshire and from more minor roads leading off this route, particularly the B741 where connection can be made to Straiton. Views of the windfarm will be common from the A713 in both directions. When travelling north, the main visual impacts occur from before Dalmellington and are largely to the front of the traveller until nearing Waterside where it occupies the side view in a prominent position above the valley side. In a southerly direction of travel the wind farm is likely to benefit from some screening before and around Hollybush. However, on approach to Patna the development proximity and scale is such that it dominates the approach to and through Patna, large parts of which would be to the front of the traveller.

Although in relation to the overall length of the Galloway tourist route the development is not significant, where it passes through East Ayrshire the impacts are extensive and considered to compromise the environmental quality of this access route to its detriment as an important tourist connection.

The cumulative impact from multiple windfarm developments on the A713 route is addressed above where it was considered that the cumulative impacts on the A713 are unacceptable.

7. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS

7.1 The material considerations relevant to the appraisal of the application are the consultation responses, representations, impact on amenity, Scottish Government National Energy Policy, National Planning Framework 3, Scottish Planning Policy, Scottish Government online Guidance for Onshore Wind Turbines, Scottish Government Policy on the Control of Woodland Removal, Scottish Historic Environment Policy, Ayrshire Joint Planning Steering Group Wind Farms: Addendum to the Ayrshire Joint Structure Plan Technical Report TR03/2006, PAN1/2011 on Noise, the Planning Authority’s Noise Consultant Report (Accon Ltd) and the Planning Authority’s Landscape Architect Consultant Report (Ironside Farrar) and the East Ayrshire Landscape Wind Capacity Study 2013. Additionally, the Council’s approach to decommissioning and restoration as set out in Reports to Council dated 24 May 2013, 19 September 2013 and 28 January 2014 and the Report to Cabinet on 21 May 2014 on decommissioning, restoration, aftercare and mitigation financial guarantees, the Planning Authority’s decommissioning and restoration consultant (Ironside Farrar) reports on these matters and the applicants financial information are also material considerations.

Scottish Government National Energy Policy

7.2 The Climate Change (Scotland) Act 2009 sets out the Scottish Government’s key commitments in terms of environmental legislation which promotes reductions in greenhouse gas emissions. Part 1 of this Act creates the statutory framework for reduction of greenhouse gas emissions in Scotland by setting an interim 42% reduction target for 2020 and an 80% reduction by 2050. The Act also requires Scottish Ministers to set annual targets for Scottish emissions from 2010 to 2050.

7.3 The Scottish Government’s Renewable Electricity Generation Policy Statement (REGPS) June, 2013 sets out the Scottish Government’s plans for renewable energy and fossil fuel thermal generation in future energy mixes. The EGPS indicates the Scottish Government’s amended target of delivering the equivalent of at least 100% of gross electricity consumption from renewable by 2020. It is confirmed that this target does not mean that Scotland will be 100% dependent on renewable generation; renewable will form part of a wider, balanced electricity mix, with thermal generation continuing to play an important role.

7.4 National energy policy in Scotland, through the planning framework, indicates that the aim of national planning policy is to develop Scotland’s renewable energy potential whilst safeguarding the environment and communities. In this case, the significant adverse landscape and visual impacts of the wind turbines on the surrounding environment outweighs the contribution of the proposed scheme towards national energy targets.

National Planning Framework 3 (NPF3)

7.5 NPF3 is a long term strategy for Scotland. It is the spatial expression of the Government Economic Strategy, and its plans for development and investment in infrastructure. As part of the transition to a low carbon economy it advises that the ambition is to achieve at least an 80% reduction in greenhouse gas emissions by 2050 and looks to achieve the generation equivalent of at least 100% of gross electricity consumption from renewables by 2020. NPF3 recognises that an energy generation mix will continue to be required.

7.6 Section 3.23 of NPF3 advises that onshore wind will continue to make a significant contribution to diversification of energy supplies. It notes that windfarms should not be located in national parks or national scenic areas. It advises that the required spatial framework will be set out in SPP to guide new energy developments to appropriate locations, taking into account important features.

7.7 Whilst NPF 3 offers a general support for on shore wind as part of Scotland’s energy mix, it does note that there are areas where developments are unacceptable and, through the SPP spatial strategy, areas where they may be appropriate but ‘taking into account important features’. As such it is clear that NPF 3 does not offer unequivocal support to onshore wind proposals but rather it requires that full consideration of all developments against appropriate criteria takes place. In this respect the development is not considered to be an appropriate location as it does not reflect the scale and character of the landscape and results in significant adverse landscape and visual impacts, including cumulative impacts, especially on local landscapes and settlements. Furthermore, unacceptable adverse effects on cultural heritage features, important tourism and recreational routes and facilities are also experienced which indicates that this is not an appropriate location for a wind farm.

7.8 Consequently the proposal is inconsistent with the provisions of NPF 3.

Scottish Planning Policy (SPP)

7.9 SPP advises at part 154 that the planning system should support the transformational change to a low carbon economy, consistent with national objectives and targets. It should support the development of a diverse range of electricity generation from renewable energy technologies – including the expansion of renewable energy generation capacity and should guide development to appropriate locations and advise on the issues that will be taken into account when specific proposals are being assessed.

7.10 Part 161 regarding onshore wind advises that Planning authorities should set out in the development plan a spatial framework identifying those areas that are likely to be most appropriate for onshore wind farms as a guide for developers and communities. The SPP includes a spatial framework made up of three ‘groups’ of areas.

7.11 Group 1 relates to National Parks and National Scenic Areas where wind farms will not be acceptable. Group 2 relates to areas of significant protection and includes designations and interests where wind farms may be appropriate in some circumstances and consideration will be required to demonstrate that any significant effects on the qualities of these areas can be substantially overcome by siting, design or other mitigation. Such designations include, amongst others, SSSI’s, Gardens and Designed Landscapes, areas of wild land and separation of up to 2km from cities, towns and villages with the extent of the separation determined by the planning authority based on landform and other features which restrict views out of the settlement. In group 3 areas wind farms are likely to be acceptable, subject to detailed consideration against identified policy criteria.

7.12 Part 163 advises that the spatial framework approach should be followed in order to deliver consistency nationally and additional constraints should not be applied at this stage. The spatial framework is complemented by a more detailed and exacting development management process where the merits of an individual proposal will be carefully considered against the full range of environmental, community, and cumulative impacts. It notes that individual properties and settlements not identified in development plans will be protected through local development plan policy (part 164).

7.13 Part 169 sets out the likely considerations that should be taken into account in the determination of wind farm proposals. These include a large number of issues but particularly relevant to this proposal are net economic impact, the scale of contribution to renewable energy generation targets, effect on greenhouse gas emissions, cumulative impacts, impacts on communities and individual dwellings, including visual impact, residential amenity, noise and shadow flicker, landscape and visual impacts, impacts on the historic environment, including scheduled monuments, listed buildings and their settings, impacts on tourism and recreation, impacts on aviation, the need for conditions relating to the decommissioning of developments, including ancillary infrastructure, and site restoration and the need for a robust planning obligation to ensure that operators achieve site restoration.

7.14 Finally, paragraph 173 on community benefit advises that where a proposal is acceptable in land use terms, and consent is being granted, local authorities may wish to engage in negotiations to secure community benefit in line with the Scottish Government Good Practice Principles for Community Benefits from Onshore Renewable Energy Developments document.

7.15 The provision of a spatial framework for wind farm development provides clearer guidance on areas where windfarm development may or may not be acceptable. The group 1 areas are not applicable to East Ayrshire however the areas of significant protection set out within group 2 will be relevant in many cases. Group 2 highlights the sensitivity of the designations and interests contained within it and requires that significant effects on the qualities of these areas can be substantially overcome therefore providing a stricter test for wind farm acceptability than group 3 areas where assessment will take place against

identified policy criteria. Notwithstanding this however, the considerations laid out at part 169 of SPP would be relevant to groups 2 and 3.

7.16 The development plan for East Ayrshire preceded the updated SPP. Despite this it complies with the key requirements of SPP in that it has identified areas of search where large and small scale windfarms will be suitable in principle and also sets out the criteria against which windfarm proposals will be assessed, as noted at section 6.

7.17 This development falls within group 2, areas of significant protection. As previously set out, turbines are located approximately 1km from the settlement of Patna and 1.7km from Waterside. The ES notes that these settlements will experience significant visual effects. Again as previously noted it is considered that these settlements experience severe visual impacts given the proximity of the windfarm, its size and its scale. Additionally, the proposal results in a significant and unacceptable adverse impact on a number of other considerations set out in SPP including: landscape and visual impacts, communities and individual dwellings, the historic environment, tourism and recreation features and aviation and contributes to unacceptable adverse cumulative impacts on settlements, properties, landscapes, routes and the historic environment. These matters are set out through the development plan policies at section 6. Whilst its contribution to renewable energy targets, effect on greenhouse gas emissions and socio economic benefits are noted they are not considered to outweigh the significant harm associated with this proposal.

Scottish Government Policy on Control of Woodland Removal

7.18 This Government policy provides direction for decisions on woodland removal in Scotland. The principal aims of this policy statement, amongst others, include the support of climate change mitigation and adaptation in Scotland and to provide a framework for appropriate woodland removal and compensation.

7.19 The consultation response by Forestry Commission Scotland (FCS) indicates that due to a lack of information they are unable to make effective comment on whether the proposed wind farm complies with the terms of the Scottish Government’s Policy on Control of Woodland Removal. This largely relates to the proposal to fell the entire forest in one phase which is not being encouraged by the FCS and that the loss of nearly 40ha of forest has not been justified, including where this would be replanted. The ES advises that it will be replanted on site or offsite however no further detail is provided including what impacts that this could have. On this basis the proposal currently fails to comply with this policy on the basis that insufficient information has been provided.

Scottish Government Guidance – On Shore Wind Turbines

7.20 This guidance is updated periodically by the Scottish Ministers and is an online resource that provides Planning Authorities with guidance in the consideration of proposals. It was last updated on 28 May 2014. Within the

snapshot section it advises that there are approximately 80 operational onshore wind farms generating some 2784MW at 29 November 2011. It also advises that Planning Authorities more frequently have to consider turbines within lower lying more populated areas, where design elements and cumulative impacts need to be managed.

7.21 Amongst others, this Government guidance lists criteria to be considered in the determination of planning applications for on shore turbines. In the case of this proposal the significant criteria to be assessed are; landscape and visual impact, cumulative landscape and visual impacts, separation distances, aviation and historic environment impacts.

7.22 In terms of landscape and visual impact and cumulative impacts it has been noted at section 6 that the development is considered to offer unacceptable significant adverse impacts. The local landscape will suffer significant effects and cumulative effects particularly over the adjacent upland river valley landscape character type as well as the foothills with forest LCT in which the development is located. Such impacts compromise the purpose and integrity of the Sensitive Landscape Character Area. The setting of Patna and Waterside is heavily modified by this development and the visual impacts on both of these settlements and additionally Dalmellington and Bellsbank is considered to be unacceptably adversely affected. In relation to cumulative visual impact, the settlements of Dalmellington, Bellsbank, Burnton, Straiton and Kirkmichael will experience adverse effects resulting from variously the consented Dersalloch windfarm and the application stage South Kyle, Glenmount and Linfairn wind farms, in addition to this proposal.

7.23 In terms of separation distances paragraph 190 of SPP refers to a guideline separation distance of 2km between areas of search for groups of wind turbines and the edge of towns, cities and villages, to reduce visual impact. However this 2km distance is a guide and not a rule and decisions on individual development should take into account specific local circumstances and geography. In this case the proposed wind farm is located outwith an area of search with turbines approximately 1km from Patna and 1.7km from Waterside and at varying distances from rural properties with High Keirs closest at just under 1km. The ES finds that adverse visual effects on these two towns to be major and significant. The turbines are considered to dominate the town, seriously eroding their settings and will be the dominant features when passing through and moving around these towns.

7.24 Approximately 850 properties, the very large majority of which are residential, fall within this 2km zone and many will experience severe visual impacts from their dwelling and amenity spaces. In relation to High Keirs Cottage, the proximity to the turbines and the disjointed appearance of hubs and blades above the intervening landform is disturbing and particularly intrusive from the large parts of the house and surrounding curtilage.

7.25 The significant adverse impacts of the proximity of turbines to these towns and residential properties results in a significant adverse impact in terms

of separation distances and does not comply with Government guidance relating to on shore wind turbines.

7.26 An objection remains outstanding from Glasgow Prestwick Airport regarding the potential impact that this proposal could have on the primary surveillance radar. They advise that they are discussing such impacts with the applicant but that to date there is no identified mitigation. The online guidance makes it clear that it is essential that the safety of UK aerodromes, aircraft and airspace is not adversely affected by new wind power infrastructure. Given the outstanding objection and apparent lack of suitable mitigation it is considered that the development does not comply with this guidance.

7.27 With regard to impacts on the historic environment, archaeology and other heritage assets are considered to be a finite and non renewable resource. It notes that windfarms have the potential for direct and/or indirect impacts by virtue of the location of turbines amongst other matters. It advises that developments can be designed to avoid or minimise such impacts. In this case and as previously set out, the development is most likely to offer indirect adverse effects to off-site heritage assets and contribute to cumulative adverse effects. The settings of the Waterside SAM complex, Craigengillan and Blairquhan GDL’s and Dalmellington and Waterside Conservation Areas are all adversely affected to varying degrees and the B listed Colonel Hunter Blair’s monument is unacceptably adversely affected. In relation to cumulative impact, the development contributes to significant adverse impacts on the Hunter Blair monument and Craigengillan GDL.

7.28 The relevance of On Shore Wind Turbine Guidance is considered in the context of the Ayrshire Joint Structure Plan 2007 and the East Ayrshire Local Plan 2010. The proposal fails to comply with the criteria of on shore wind turbine guidance in terms of the significant unacceptable adverse visual impacts on nearby residential properties and settlements, on the landscape of the surrounding area, on aviation interests and on the historic environment.

Scottish Historic Environment Policy (SHEP)

7.29 The SHEP sets out Scottish Ministers’ policies for the historic environment, provides policy direction to Historic Scotland and provides a framework that informs the day to day work of a range of organisations that have a role and interest in the historic environment. SHEP advises that the historic environment gives us a sense of place, well being and cultural identity and advises that the historic environment requires careful and active management to ensure its survival. The context or setting in which specific historic features sit and the patterns of past use are part of our historic environment. The historical, artistic, literary, linguistic, and scenic associations of places and landscapes are some of the less tangible elements of the historic environment. These elements make a fundamental contribution to our sense of place and cultural identity.

7.30 As set out at section 6, the development is considered to have greatest impact via indirect impacts largely resulting in a change to the setting of a

number of different resources. The Waterside SAM complex will be adversely affected, contrary to the claims of the ES. Similarly, the GDL’s at Craigengillan and Blairquhan will also experience adverse impacts, to different degrees over parts of the sites. The conservation areas at Waterside and Dalmellington are also adversely affected. Whilst the setting of these resources is adversely affected, they are not to such an extent that the integrity of the resource or the ability to understand and appreciate the resource is so significant as to be unacceptable. The exception to this is the Colonel Hunter Blair Monument on Craigengower. A key element of this listed building is its relationship with the Blairquhan Estate and Castle with intervisibility achieved from the Castle and much of the estate. Furthermore, the monument has clearly been sited to be particularly visible from the Girvan Valley and can be seen from most locations. The turbines do not directly interrupt this view but they do compete for attention with the monument due to their prominent skyline location, multiple numbers and moving nature. Additionally, the views out from the Monument must be considered. The turbines are very prominent due to their height and proximity and intrude into views although they do not interrupt views back towards Blairquhan.

7.31 In addition to impacts solely from the development, cumulative impacts on the historic environment must be considered. The development is considered to contribute towards unacceptable adverse cumulative impacts on the Hunter Blair Monument described above in combination with Dersalloch and Linfairn. The Craigengillan GDL is surrounded from most directions by proposed wind farm development. The consented Dersalloch scheme is considered to have the greatest impact on the setting of the GDL but as noted previously, Keirs Hill has significant adverse local impacts on parts of the Estate, particularly from Auchenroy Hill with additional impacts likely over the northern parts of the estate. South Kyle and Glenmount complete the wind farms that add to the cumulative impacts on Craigengillan. This has the effect of encircling the GDL.

Ayrshire Joint Planning Steering Group Wind Farms: Addendum to Ayrshire Joint Structure Plan Technical Report TR03/2006

7.32 All three Ayrshire Councils have agreed that this Addendum will be used in the assessment of wind farm applications. The purpose of the Addendum is to support the implementation of wind energy policy as set out in the Ayrshire Joint Structure Plan. The addendum provides developers with greater clarity regarding those areas where the principle of wind farm development is likely to be acceptable or unacceptable and to provide further explanation of the criteria against which new development will be assessed.

7.33 In terms of the Addendum the proposed site is not located in an area afforded significant protection from the effects of large scale wind farms. The Addendum requires that an assessment be undertaken against relevant development plan policies to protect the interests of designated sites. This assessment has been undertaken at part 6 of this report.

7.34 Part 14 of the Addendum refers to cumulative impacts and clarifies that these will frequently involve landscape and visual impacts but may also affect natural heritage designations. In this case there are issues of cumulative landscape and visual impact. Such impacts are from the consented Dersalloch scheme and various application stage proposals affecting the communities at Dalmellington, Burnton, Bellsbank and Straiton and the surrounding landscapes. Such impacts come from different combinations of windfarms however this development plays a prominent part in each of these adverse cumulative impacts. Given this situation the proposal results in significant unacceptable adverse effects on the visual amenity of surrounding residential properties.

7.35 Part 18 of the Addendum indicates that establishing and maintaining visual separation from other wind farms will allow for a clear distinction to be perceived between the wind-farmed landscape and the landscape beyond. It is therefore appropriate to provide significant protection to the areas in the immediate vicinity of these newly created wind farm landscapes on visual grounds. Whilst the areas of search within Ayrshire are somewhat distant, there is an area of search located across the border into Dumfries and Galloway, into which the Windy Standard developments are located and where further developments are at application and scoping stage. The AJSP areas of search should not be treated in isolation in spatial planning terms and it is considered that the arguments put forward by the AJSP addendum could relate to separation from areas of search outwith Ayrshire.

7.36 The recently consented Dersalloch scheme is considered to have weakened this approach and allows for a large scale windfarm to be located in proximity to the Dumfries and Galloway search area where a number of operational and consented schemes are located. The Dersalloch scheme does not clearly associate with the search area yet neither is it so far removed as to be disassociated with it. This erodes the clear visual separation that the Addendum recommends. As the Dersalloch scheme has been consented such matters are now academic however it is considered that the Keirs Hill windfarm would risk straggling windfarm development even further across the southern part of East Ayrshire which would further weaken the distinction between the windfarm landscape and that beyond.

7.37 Part 21 of the Addendum provides some clarification of policies ECON 6 and ECON 7. This development is located in a potential area of constraint but notes that this does not necessarily preclude development. At part 24 the Addendum notes that heritage resources and their settings shall be protected. As noted at section 6 above, the proposal has an unacceptably adverse impact on the B listed Colonel Hunter Blair monument with lesser adverse impacts on a number of other nationally and locally important designations.

7.38 Part 25 of the Addendum notes that landscape character (amongst others) is a valuable resource and a key part of Ayrshire’s attractive and high quality environment, contributing to sense of place and local distinctiveness and important to future well being and economic development. The planning system has to ensure that wind farm development needs are met in ways which do not erode this environmental capital. Where development compromises the

objectives or overall integrity of the regional and local natural heritage and biodiversity designations, such as Sensitive Landscape Character Areas, they will not be supported. As noted at section 6 above it is considered that the development unacceptably affects and erodes the objectives and integrity of the Doon Valley SLCA.

7.39 The importance of the SLCA to tourism and recreational interests is noted through Part 26 and 27 as is the Galloway National Tourist Route. The Addendum notes that the Galloway Tourist Route is particularly sensitive to the impacts of wind farms. The Addendum advises that tourism makes a significant contribution to the economy of Ayrshire and has the potential for significant growth and at the heart of this growth is environmental quality, increasingly seen as a key economic driver, and which requires to be protected and enhanced. Again as noted at section 6, the development is considered to have an unacceptably adverse effect on the Doon Valley SLCA and the Galloway tourist route.

7.40 Part 28 of the Addendum highlights that amenity and quality of life are key assets contributing to the attractiveness and economic potential of an area. Wind farms have the potential to create significant long term adverse impacts on the amenity of an area or health, well- being and quality of life of people living or working nearby. Visually, within 2km, wind farms are a prominent feature in the landscape. In the case of Keirs Hill, wind turbines are proposed within just over 1km from settlements and from just under 1km at individual rural properties. The Planning Authority estimates that approximately 850 properties, mainly residential, fall within 2km of a turbine. This results in significant adverse visual impacts with potential for resultant adverse impacts on well-being and on the quality of life of the residents of the area surrounding the wind farm.

7.41 Finally the Addendum notes at Part 30 that Glasgow Prestwick Airport offers significant international connectivity and competitive advantage for economic development. Developers will be required to show that their development does not impinge on the current operation of the airport and would not threaten the requirements for growth sought by Government. As GPA currently maintain an objection to the development with no clear mitigation solution the proposal does not comply with this part of the Guidance.

PAN 1/2011 Planning and Noise

7.42 PAN 1/2011 provides advice on the role of the planning system in helping to prevent and limit the adverse effects of noise. Site selection and the design of the development and any conditions that may be attached to any consent can all play a part in preventing, controlling and mitigating the effects of noise.

7.43 Para 29 of the PAN refers to wind turbines and indicates that “good acoustical design and siting of turbines is essential to minimise the potential to generate noise.”

7.44 In this case the Planning Authority consulted with Accon Ltd to assess the submitted environmental statement noise chapter and to provide a report.

This report is attached a as background paper and the findings are referred to below.

Accon Ltd

7.45 Accon Ltd assessed the applicant’s environmental statement noise section and concluded that subject to the adoption of the proposed noise limits as identified by ACCON there would be no over-riding reason for refusal (of the windfarm) in respect of noise.

Landscape Consultants – Ironside Farrar

7.46 As referred to in the Cabinet report of 21 May 2014 the above consultants have been procured by the Council to undertake an assessment of the landscape and visual impact section of the applicant’s submitted environmental statement.

7.47 In its conclusions Ironside Farrar found that ‘the capacity for wind energy in the landscape of the proposed development site is constrained by its limited extent, and proximity to the smaller scale and more sensitive populated landscapes of the Doon and Girvan Valleys; the Foothills with Forest landscape is no more than 4km wide between the two lowland valley landscape types’.

7.48 They consider that ‘The size of the development proposed significantly exceeds that recommended in strategic guidance. It would result in significant adverse effects to the Doon Valley Sensitive Landscape Character Area, tourism/ recreational/ heritage interests, and a sizable resident population in the Doon Valley from Dalmellington to Polnessan, all of which are identified as potential constraints in the Ayrshire SPG for wind energy’.

7.49 They note that ‘While potential for wind energy development exists at the site, the scale and extent would need to be significantly reduced from that proposed to be more compatible with the landscape character of the site and surrounds, and to reduce impacts to nearby visual receptors. Assuming the realisation of the consented windfarm at Dersalloch, significant cumulative impacts would also occur to many of the receptors/ interests affected by Kiers Hill alone, and other windfarm applications raise the potential for the extension and intensification of these cumulative effects’.

The East Ayrshire Landscape Wind Capacity Study 2013 (EALWCS)

7.50 According to the EALWCS the landscape character type of the application site is Foothills with forest west of the Doon Valley. This character type “forms a gently undulating, relatively narrow upland band lying between the upland river valley on the Doon Valley and the middle dale of the Girvan Water valley. It also provides a backdrop to the highly scenic ‘intimate pastoral glen’ of the upper Girvan Water”. It notes that “the scale and generally simple landform and land cover of these uplands could relate in principle to some larger turbine typologies, the limited extent of this landscape and the prominence of ‘landmark’

hills on the periphery of these Foothills in providing the backdrop to the adjacent well settled smaller scale Girvan and Doon Valleys, increases sensitivity”.

7.51 “There would be a high-medium sensitivity to the large typology (turbines >70m) and a medium sensitivity to the medium typology (50-70m)”. The EALWCS lists potential cumulative issues and a number of potential constraints including the landmark hills, effects on the nearby GDL’s, effects on the settings of settlements such as Patna, Dalmellington/Bellsbank and Straiton, the limited extent of the foothills increasing sensitivity to large typology impacting on adjacent, well settled, smaller scale valleys and views from Craigengower Monument and Auchenroy Hills which are popular with walkers.

7.52 It concludes that there is no scope for large typology (>70m) and limited scope for medium typology (50-70m) in this landscape. It advises that “Turbines of this size may be more able to be contained by landform thus minimising intrusion on adjacent small-scale settled valleys. It would be preferable to site turbines at the core of the simpler, more even forested plateau lying to the north of the B741 to reduce effects on views from popularly accessed hills and on more diverse and sensitive skylines which backdrop the Doon and upper Girvan Valleys. Turbines should also be sited to avoid significant impacts on key views to and from designed landscapes”.

7.53 In this case the proposal is for turbines which are more than double the upper end of the recommended typology and which will significantly intrude on the adjacent small scale valleys. They are located at the edge of this character type rather than near the core area and result in significant adverse effects on local settlements and residential properties, landmark hills and popular walking routes. Additionally, the consented Dersalloch windfarm and the proposed South Kyle scheme have dominating effects on the Doon Valley including a number of settlements.

Impact on Amenity

7.54 As previously stated in Section 5 of this report the proposal results in significant adverse impacts on the settings of Patna and Waterside in particular and to a slightly lesser extent Dalmellington, Burnton and Bellsbank. There is a general adverse impact on the residential amenity of a large number of properties caused by the dominance of the turbines in views. The rural property of High Keirs Cottage suffers significant and unacceptable visual impacts to the extent it could be described as suffering ‘overbearing’ effects.

7.55 In terms of cumulative impacts the proposal taken in conjunction with the consented and proposed windfarm sites in the area will result in significant adverse cumulative visual impacts on the amenity of residential properties. In particular the towns of Dalmellington, Ballsbank, Burnton, Straiton and Kirkmichael are most significantly affected by cumulative development to which this proposal contributes significantly.

Consultation Responses

7.56 A number of consultees offered no objection to the proposal subject to the imposition of appropriate planning conditions. However, it is noted that South Ayrshire Council and Dalmellington Community Council has objected to the proposal citing a large number of matters including landscape and visual impacts, natural heritage, cultural heritage, tourism and recreation.

Representations

7.57 In this case representations require to be submitted to, and be taken account of by the Energy Consents and Deployment Unit of the Scottish Government. These representations raise significant adverse issues which are material in the determination of the S36 application by Scottish Ministers and in relation to this Council coming to a view on the proposed development. The significant level of objection in particular should be noted.

Reports to Council dated 24 May 2013, 19 September 2013 and 28 January 2014 and the Report to Cabinet on 21 May 2014 on decommissioning, restoration, aftercare and mitigation financial guarantees.

7.58 The above mentioned reports to Council and Cabinet collectively set out an approach for the submission, agreement, implementation and monitoring of financial guarantees that are required in respect of the decommissioning, restoration, after care and mitigation of inter alia onshore windfarms.

Review by Independent Assessor (Ironside Farrar) on behalf of the Council

7.59 In compliance with para 24 of the Cabinet Report on Decommissioning, Restoration, Aftercare and Mitigation Financial Guarantees dated 21 May 2014 and in terms of financial security for decommissioning and restoration of the site the Planning Authority’s Planning Monitoring Officer (Ironside Farrar) has carried out an assessment of the value of the decommissioning and restoration guarantee for the Keirs Hill development.

7.60 This assessment has concluded that the total decommissioning and restoration costs for the development would amount to £2,699,980 including a provisional sum to cater for a 5 year aftercare of the site. Additionally, should the Council wish to see all tracks, watercourse crossings and cabling removed from the site, Ironside Farrar have advised that this would amount to an additional restoration cost of £7,138,627.

Applicant’s Proposals for Financial Guarantee

7.61 In terms of securing the site decommissioning and restoration the applicant intends the following arrangements:

 Estimates that a cost of £30,000 per MW is the cost to decommission the windfarm (resulting in a total of £1.71M based on 57MW proposed).

 Note that when scrap value of £1.2M is taken into account a cost of £4000 per MW would be achieved (£228,000 based on 57MW).  Would expect decommissioning and restoration works to be addressed by suspensive planning condition  The applicant’s preference for financial guarantees would be either a surety bond or bank guarantee.  Such agreement can subsist for the entire duration of the windfarm and/or can be automatically renewed every set number of years by the inclusion of an ‘evergreen clause’ which ensures that the party with the benefit if the bond/bank guarantee is able to call upon it for the duration of the windfarm.  They note that Escrow Accounts are deemed to be low risk by the Council but that this does not acknowledge the commercial practicalities of such facilities which tie up large amounts of capital, restrict a company’s cash flow and limit future investment, subsequently undermining economic growth.  Have advised that whilst the figures submitted by Ironside Farrar are similar in some respects such as the costs to decommission the turbines themselves, they disagree with other parts. Additionally, they note that the £1M extra noted by Ironside Farrar would create significant and unnecessary cost to the project. They also have concern about the Council’s refusal to take any account of scrap value.  Despite the above they would expect the Council to enter detailed discussions on the exact figures and value of the bond at a later date.

8. FINANCIAL AND LEGAL IMPLICATIONS

8.1 There are potential financial implications for the Council in coming to a view on this application as, should the Planning Committee be minded to formally object to the proposed Keirs Hill development, this will trigger a Public Local Inquiry in terms of Section 62 and Schedule 8 of the Electricity Act 1989. That may also lead to further costs being incurred to the extent it may be necessary to either engage expert external advice, support or representation and/or to engage professional expert witnesses to give evidence on the Council’s behalf at the Inquiry. Furthermore, if the Council is considered to have acted unreasonably in its objection to the proposed development, a claim for an award of expenses could be made by the applicant.

8.2 Also as stated elsewhere within the report, (para 2.4 refers) if the Scottish Ministers should ultimately be disposed to grant a Section 36 consent for this development that would incorporate deemed planning consent in terms of Section 57 of the 1997 Act, so no further application for planning permission would require to be considered or determined by the Council. It is therefore important that notwithstanding the Council may, subject to the support of the Planning Committee, be objecting to the development, that our position in the event of the alternative outcome – i.e. grant – is also covered in respect of relevant matters which would require to be addressed through a Section 75 Legal Agreement under the 1997 Act, or through conditions as appropriate, (as referred to throughout the report).

8.3 In this regard Heads of Agreement under Section 75 of the 1997 Act, to be concluded prior to the issue of consent under Section 36 of the 1989 Act, should comprise the following:

• Appropriate developer contributions towards the Renewable Energy Fund for the purpose of enabling mitigation measures and environmental improvements within East Ayrshire consistent with Council policy CS15.

• An Independent Planning Monitoring Officer shall be appointed by the Planning Authority, with the cost of providing this service being met by the developer.

• No section of development hereby authorised shall be commenced until a decommissioning, restoration and aftercare guarantee is provided by the developer and agreed with the Scottish Government and the Planning Authority that will secure the decommission of the turbines and the restoration and aftercare of the site.

8.4 In accordance with Council’s revised arrangements for consideration of Financial Guarantees relative to certain types of development, prior to sign off in this case by the Depute Chief Executive that Planning, Finance and Legal Services have all been involved in the process of assessing the applicant’s proposed arrangements for securing their decommissioning and restoration obligations (as set out above). In this case, no agreed position in terms of what would comprise the financial guarantee for the decommissioning and restoration of the proposed development has been reached between the developer and the Council. However, in compliance with the Council’s Cabinet Report on Decommissioning, Restoration, Aftercare and Mitigation of Financial Guarantees dated 21 May 2014 any wind farm proposal will require to comply with the terms of this report in relation to the submission, agreement, implementation and monitoring of financial guarantees.

9. CONCLUSIONS

9.1 As indicated in section 6 of the report, the Section 36 application and the related application for deemed planning permission are not considered to be in accordance with the development plan. As is indicated at Section 7 of the report, there are material considerations relevant to this application; it is considered that these are not supportive of the application in terms of national policy, national planning advice, the Structure Plan Addendum, the EALWCS 2013 and the planning authority’s landscape consultant. The significant level of objection is noted as is the objection by South Ayrshire Council and the Dalmellington Community Council both of which raise valid points that require to be taken into account in the determination of the S36 application.

9.2 The proposed Keirs Hill wind farm development does not comply with policies ECON6, ECON7 parts (D), (E), (F) & (G) and ENV1 parts (A) and (E), ENV2, ENV6 (A), (B) and (C) of the Ayrshire Joint Structure Plan 2007.

Furthermore the proposal does not comply with policies SD1 (i), (ii), (iii) and (iv), CS12 (ii), (iii) and (iv), CS14 (D), (E), (F) and (G); CS15, ENV1, ENV3, ENV15 (i), (v) and (vi); ENV16, ENV 17 and ENV 20 of the East Ayrshire Local Plan 2010.

Assessing the proposals against the development plan it is considered that the proposal:

 Presents unacceptable adverse visual and landscape impacts on the surrounding area which includes the Doon and Girvan Valley’s and their settings and the settlements of Patna, Waterside and Dalmellington and individual rural properties;

 Erodes and compromises the integrity of the Doon Valley Sensitive Landscape Character Area;

 Presents unacceptable adverse cumulative impacts with consented and proposed wind farms in the vicinity of the site. This results in significant adverse impacts on the Doon and Girvan Valley’s and their setting and the amenity of the settlements of Dalmellington, Bellsbank, Burnton, Straiton and Kirkmichael and individual rural properties;

 Has an overbearing effect on the property at High Keirs Cottage rendering that property an unsatisfactory place to live;

 Creates unacceptable adverse impacts on the setting of cultural heritage assets and in particular the B listed Colonel Hunter Blair Monument and contributes significantly to unacceptable adverse cumulative impacts on the Craigengillan Garden and Designed Landscape and the Colonel Hunter Blair Monument;

 By its proximity to and prominence from the A713 tourist route it adversely affects the setting and quality of the route within East Ayrshire and therefore adversely affects the desirability of this route as a main strategic access and tourist route to Ayrshire generally and East Ayrshire in particular and additionally contributes to cumulative visual impacts on this route. This could affect the potential of the settlements along this route to benefit from tourism related income;

 Adversely impacts on the setting and experience of the local recreational resource including Auchenroy and Craigengower Hills, core and promoted paths, rights of way and other local routes to an unacceptable degree due to its scale, location and prominence;

 Has not adequately demonstrated that the Scottish Dark Sky Observatory, an important tourism and educational facility, will not be adversely affected by turbine aviation warning lighting.

9.3 It is considered that the proposed development will provide generating capacity that would contribute to the Scottish Governments renewable energy

2020 target and would result in a reduction in greenhouse gas emissions. Additionally the support of Patna Community Council for this development is noted.

9.4 It is also recognised that the proposed development would result in potential socio-economic benefits through the following:

 Providing a better degree of public access to the application site which also allows for a view of the Waterside SAM complex from across the valley, with interpretative signage;

 Benefits accruing from the significant investment that potentially would generate economic benefits and temporary and longer term employment opportunities in the East Ayrshire economy

9.5 Taking all matters into account the potential benefits to be accrued from the proposed development do not in this instance outweigh the significant adverse unacceptable impacts of the proposal on residential amenity, visual amenity, the landscape, the setting of settlements, tourism and recreational resources and cultural heritage resources.

9.6 Taking all relevant matters into consideration, it is considered on balance that the Council should offer an objection to Scottish Ministers to the Keirs Hill development.

10. RECOMMENDATIONS

10.1 It is recommended that the Council formally objects to the proposal as the proposed development is contrary to the terms of the Development Plan, Planning Policy and Government Guidance on wind farm development for the reasons detailed on the sheet attached to this report and;

10.2 It is recommended that should Scottish Ministers determine to approve the S36 application that the applicant enters into a legal agreement with East Ayrshire Council consistent with the Heads of Agreement detailed above in this report and;

10.3 It is recommended that should Scottish Ministers determine to approve the S36 application that any planning conditions imposed on this consent would be consulted to the Council and in particular in relation to the decommissioning, restoration and aftercare financial guarantee and;

10.4 It is recommended that a copy of this report be forwarded to the Scottish Ministers as presenting this Council’s formal response to the consultation on the Section 36 application for the Keirs Hill wind farm in terms of the Electricity Act 1989.

Chris McAleavey Acting Executive Director of Neighbourhood Services

FV/CMcA

01 August 2014

LIST OF BACKGROUND PAPERS

1. Scottish Government National Energy Policy. 2. National Planning Framework 3. 3. Scottish Planning Policy. 4. Scottish Government online advice sheet May 2014. 5. Approved Ayrshire Joint Structure Plan (2007). 6. Adopted East Ayrshire Local Plan (2010). 7. Addendum to the Ayrshire Joint Structure Plan. 8. The EALWCS 2013. 9. Scottish Government Policy on Control of Woodland Removal. 10. Scottish Historic Environment Policy. 11. Historic Scotland ‘Managing Change in the Historic Environment’ Setting. 12. The Keirs Hill windfarm Environmental Statement Volumes 1-4. 13. The Keirs Hill windfarm Planning Statement. 14. The Keirs Hill windfarm Consultation report. 15. The Keirs Hill windfarm Non-Technical Summary. 16. Accon Ltd noise report dated July 2014. 17. Ironside Farrar Audit of Landscape and Visual Impact Assessment dated July 2014. 18. Ironside Farrar Wind farm bond assessment report dated 4 July 2014. 19. Ironside Farrar windfarm bond assessment report (including track etc) dated 21 July 2014. 20. Applicant financial details (letter and e-mails). 21. Consultation responses to EAC consultation requests. 22. Consultation responses submitted to Scottish Government. 23. PAN 1/2011 Planning and Noise.

Anyone wishing to inspect the above background papers should contact David Wilson on 01563 576779.

Implementation Officer: David McDowall, Operations Manager

TP24 East Ayrshire Council

TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997

Application No: 13/0002/S36

Location Keirs Hill East Ayrshire

Nature of Proposal: Construction of a 17 turbine wind farm and associated infrastructure.

Name and Address of Applicant: RES UK And Ireland Limited 3rd Floor STV Pacific Quay Glasgow G51 1PQ

Name and Address of Agent

Officer’s Ref: David Wilson 01563 576779

Subject to [notification to the Scottish Ministers]

Reasons for recommendation to object to the Scottish Ministers:

1. The proposal fails to comply with AJSP policy ECON6 as the proposed development cannot demonstrate that there will be no significant adverse impact, including adverse cumulative impacts and the design of the development is not sensitive to the landscape character of the surrounding area or cultural heritage resources.

2. The proposal fails to comply with AJSP policy ECON7(D) and EALP policy CS14(D) as the proposed development results in unacceptable significant adverse cumulative landscape and visual impacts on settlements and individual properties and adjacent landscapes and on the cultural heritage features of Craigengillan Garden and Designed Landscape and Colonel Hunter Blair’s Monument.

3. The proposal fails to comply with AJSP policy ECON7(E) and EALP policy CS14(E) as the proposed development:

 Has unacceptable adverse effects on the historic environment primarily by its adverse impact on the setting of the B listed Colonel Hunter Blair Monument;

 Has unacceptable adverse impacts on the A713 Galloway Tourist Route and strategic access to East Ayrshire and on important local recreational access routes by way of its landscape and visual impacts and cumulative impacts and has not adequately demonstrated that the operating ability of the Scottish Dark Sky Observatory is not adversely affected by visible turbine aviation warning lighting.  Has unacceptable adverse impacts on communities including Patna, Waterside, Dalmellington and Bellsbank, the rural property of High Keirs Cottage and the general local rural area by way of its proximity, scale and general visual impact and its adverse impacts on the surrounding landscape  Has not demonstrated that it will have no adverse impacts on the ability of Glasgow Prestwick Airport to operate efficiently and safely

4. The proposal fails to comply with AJSP policies ECON7(F) and ENV2(B) and EALP policies CS12(iv), CS14(F) and ENV 3 as the proposed development does not respect, in terms of its design, size, scale and location, the Doon Valley Sensitive Landscape Character Area and as such represents an unacceptable adverse impact on the Area.

5. The proposal fails to comply with AJSP policy ECON7(G) and EALP policies SD1(i) CS14(G), ENV16(i) and ENV17(iv) as the proposed development will result in significant adverse impacts on:  the landscape character of the local area;  the historic environment, namely the B listed Colonel Hunter Blair Monument;  aviation by impacts on Glasgow Prestwick Airports radar coverage and;  local communities through adverse impacts on the residential amenity of large numbers of rural and urban properties and on the appearance and setting of the settlements of Patna, Waterside, Dalmellington, Burnton and Bellsbank.

6. The proposal fails to comply with AJSP policy ENV1(A) and with EALP policies SD1(ii), ENV15(i) as the proposed development results in significant adverse impacts and adverse cumulative impacts on the residential amenity and general setting of settlements and properties and buildings in the landscape.

7. The proposal fails to comply with AJSP policy ENV1(E) and with EALP policy ENV 15(vi) in terms of its unduly prominent skyline location above the Doon and Girvan Valleys and its adverse impacts on prominent views from residential properties in Patna and Waterside and the rural property at High Keirs Cottage and on prominent views from the summits of Auchenroy and Craigengower Hills.

8. The proposal fails to comply with AJSP policy ENV6(A) and with EALP policies SD1(iv), CS12(iii), ENV1 and ENV17(ii) as it has

unacceptable adverse impacts on the setting of the B listed Colonel Hunter Blair Monument.

9. The proposal fails to comply with EALP policy ENV 15(v), as the proposed development results in significant adverse impacts on the setting and experience of public rights of way and footpaths due to its size, scale and proximity and results in a reduction in the quality of recreational experience.

10. The proposal fails to comply with EALP policy SD1 (i) and (iii) in terms of its significant adverse impacts on the character and appearance of the landscape at this location and on the landscape character and quality of the area.

11. The proposal fails to comply with EALP policy CS12 (ii) as it has an adverse impact on the amenity of nearby communities and rural properties by way of visual dominance.

12. The proposal fails to comply with EALP policy CS15 as the applicant will not contribute to the Renewable Energy Fund.

13. The proposal fails to comply with EALP policy ENV20 as it compromises the environmental quality of the A713 strategic access route which comprises part of the Galloway Tourist Route by its adverse landscape and visual impacts and its contribution to cumulative landscape and visual impacts.

14. The development does not satisfy all other material considerations in terms of National Planning Framework 3, Scottish Planning Policy, Scottish Government onshore wind turbine guidance, Scottish Historic Environment Policy, the wind farm Addendum to the Ayrshire Joint Structure Plan and the East Ayrshire Landscape Wind Capacity Study 2013 as it has significant unacceptable adverse visual and landscape impacts on local communities and residential properties including cumulative impacts, unacceptably effects cultural heritage features including by cumulative impacts, adversely effects tourism and recreation facilities and routes and impacts on the safe and efficient functioning of Glasgow Prestwick Airport.

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