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PLANNING APPLICATION: 14/02090/EIA In the event that a recommendation on this planning application is overturned the Committee is reminded of the advice contained on the front page of the agenda for Reports on Applications THE PROPOSAL Application for wind farm and associated ancillary development infrastructure. Twelve (12) variable speed, semi-matt grey/off-white, 3-bladed turbines with tapered tubular steel towers and fibreglass blades (colour details to be agreed). Each turbine to be 126m high (to blade tip) with 85m high hub, 90m rotor diameter (45m blade length) and a rated capacity of 3MW. (Note: proposal adopts a 'worst case' scenario where final turbine model yet to be selected but not to exceed the stated maximum parameters). Transformer housed inside or outside the turbine (details of external housing not specified). Each turbine has reinforced concrete foundations, approx. 21m in diameter and 3 - 6m deep (subject to ground conditions), with 5m wide hardstanding area around turbine for vehicle access and maintenance. Separate hardstanding area, approx. 45 x 25m with crushed rock surface over a geo-grid, located adjacent to each turbine for crane and temporary storage for turbine components. Substation compound, approx. 15 x 40m with hardcore surface located south-west of turbine 7 (towards northern end of site) with 4 parking spaces, an external transformer compound area, and a single-storey substation building, approx. 5.1 x 9.1 x 3.6m with rendered walls and a slate (or equivalent) mono-pitch roof over, to house switchgear and other control systems plus staff welfare facilities (details to be confirmed). Temporary construction compound, approx. 100 x 50m formed over a geo-grid base, located between turbines 1 and 3 (at southern end of site) with temporary site office and staff welfare facilities, areas for parking, material laydown/storage, refuelling and a concrete batching plant. A surface water drain around the compound perimeter discharges into settlement lagoons prior to final discharge to ground or surface water sources (details to be confirmed). Turbines to connect to national grid with anticipated undergrounded off-site grid connection taken to existing 275kV line, approx. 2.2km north of site. (Other options for connection subject to investigation and separate consent). On-site electrical and communications cabling between turbines and sub-station laid underground alongside on-site access tracks in trenches approx. 0.5m wide and 1m deep. A 'southern access track' from A941 using the U131E Auchinroath Road and the existing track to Barluack will be used by construction and operational vehicles. Approx. 1.95km of existing track up-graded (i.e. repaired and reinforced, not widened), mainly between the A941/U131E junction and Barluack, and approx. 0.47km of new track provided to north of Barluack. Approx. 6.5km of permanent new access track provided on the site, approx. 5m wide with 40 x 8.5m passing places and compacted granular material surface finished level with, or raised slightly above, ground level and lined by topsoil verges (details to be confirmed). A 'northern access track' will be used by operational/maintenance traffic with new section of track, approx. 3.5m wide and 1.04km long formed between the existing track near the summit of Brown Muir and the access track near turbine 4 (details to be confirmed). Drainage trenches laid alongside access tracks at 50m intervals (detailed design to be confirmed). 3 existing water crossings up-graded along the southern access track, one to north and two to south of Barluack (detailed design to be confirmed). No anemometer masts - permanent or temporary - are proposed. No borrow pits are required/proposed. 50m micro-siting allowance for turbines and access tracks sought, to allow flexibility in siting for localised ground conditions. Construction hours to be within 08:00 - 18:00hrs, weekdays and 09:00 - 12:00hrs, Saturdays. Any working outwith stated hours subject to prior agreement. Approx. 8 months construction period followed by commissioning and testing. Based upon an indicative programme, site clearance/preparation in April 2016, turbine foundations laid June - October 2016, turbines erected July - November 2016, and grid connection between October and November 2016 (detailed programme to be agreed). Unless extended, development to have 25-year operational life-span and thereafter decommissioned with approx. 6 month site restoration/re-instatement period (details to be agreed). Proposed benefits include contributions to renewable energy generation targets and reduced greenhouse gas emissions. With a total generating capacity of 36MW, proposal will produce approx. 87.99GWh of electricity per year, equivalent to supplying the approx. annual domestic needs of up to 18,123 Moray households per annum, and is expected to displace approx. 25,428 tonnes of carbon dioxide (CO2) emissions per year. During construction, proposal anticipated to support 35 - 45 jobs (full time equivalent) and during operation, proposal anticipated to support 1 operational manager and 5 - 8 staff for maintenance and servicing. Application accompanied by supporting documents including an Environmental Statement (ES) [3 volumes plus Non-Technical Summary (NTS) and confidential annex], a Planning Statement (PS); Design and Access Statement (DAS); and Pre- application Consultation report (PAC). THE SITE Land at Brown Muir, approx. 8.5km to south-east of Elgin, 2.9km of south-east of Fogwatt and 2.3km north-west of Rothes (all distances to site boundary). Total site area is approx. 182ha with 5.46ha land take for turbines, and associated infrastructure. Brown Muir is approx. 339mAOD with existing mobile telecommunications mast on its summit. The turbines will be located on undulating land between 210 - 290mAOD. The site extends down to 120mAOD, where the southern access track joins the U131E Auchinroath Road, and rises up to 339mAOD, where the proposed northern access track connects with an existing track serving the existing telecommunications mast. Turbines are positioned off the highest part of the Brown Muir landform and contained within a plateau area between Brown Muir and Findlay's Seat/Hunt Hill. Generally, the site comprises mainly wet and dry dwarf shrub heath. The surrounding area is covered by heath, agricultural and wooded land at Teindland to the north, Teindland Wood (part felled) to the east and south, and smaller parcels of woodland on the lower south-west slopes along the Glen of Rothes. The site is uninhabited with a scatter of residential property within the surrounding area to the north at Teindland, or to the south along the Glen of Rothes. 20 inhabited and 5 derelict/uninhabited properties are located within 2km of the site, the nearest residential properties being Hillfolds Cottage, Barluack Farmhouse and Burnside (approx. 1.02 (min) from the closest turbine). The site is not subject to any international, national, regional or local landscape, built environment or nature conservation designation, except for archaeological interests located within the site which also forms part of the local (non-statutory) Brown Muir/Teindland Site of Interest to Natural Science (SINS) designation based on its biological value (as heather moorland containing Annex 1 birds) and geological interests. The land drains towards the Red Burn and Broad Burn and thereafter, to the River Spey which is designated as a Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI). For renewable energy policy purposes, all 12 turbines are located within an “area with potential” and an Area of Search (“area with greatest potential for wind development”). The site is located within the Upland Moorland and Forestry Landscape Character Type (LCT). Brown Muir is identified as a 'landmark hill' (see below). HISTORY 1 April 2015 - Processing Agreement signed by applicant and the Council to manage and progress the application to its determination (with further extended periods for determination subsequently agreed). 14/00891/PE - Erection of 12 wind turbines at site on Brown Muir - response (4 July 2014) provides comments/feedback from Council Services only whilst the applicant continues to consult with other external interests. 13/02113/PAN - Proposal of Application Notice (PAN) for erection of 12 wind turbines at Brown Muir - response (5 December 2013) identifies requirements for consultation with the local community, in particular consultation with community councils and groups as identified on an earlier Section 36 application (see below). 13/01510/APP - Retention of planning for existing temporary anemometer mast (60m high) for wind monitoring purposes at site on Brown Muir - approved 10 October 2013 for limited period expiring 31 October 2015. 12/01081/S36 - Section 36 application (under 1989 Electricity Act) submitted to Scottish Ministers for 19 turbine wind farm and associated infrastructure on site at Brown Muir. As a consultee and the planning authority in whose area the development is located, Scottish Ministers (via the Scottish Government's Energy Consents and Deployment Unit) were advised that: a) on 12 December 2012, the Moray Council wished to OBJECT to the development following consideration by the Council's Planning & Regulatory Services Committee where "Notwithstanding the material considerations advanced by the applicant (including matters identified in the submitted Environmental Statement and Planning Statement), the proposal would be contrary to the provisions
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