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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.