North Lowther Energy Initiative: Planning Statement

May 2017 Preface

This Planning Statement accompanies an Environmental Statement (ES) which has been prepared in support of an application for Section 36 consent under the Electricity Act 1989 to construct and operate a 35 turbine windfarm known as North Lowther Energy Initiative (‘the Development’). The Development is located within the Queensberry Estate, approximately 5km south of Crawfordjohn, 2km north-east of Sanquhar and west of Wanlockhead, Dumfries and Galloway.

The ES comprises the following documents:

 Volume I: Written Text and Figures  Volume II (Part 1): LVIA Visualisations  Volume II (Part 2): LVIA Visualisations  Volume II (Part 3): LVIA and Cultural Heritage Visualisations  Volume III: Appendices

The ES has been prepared by LUC on behalf of NLEI Ltd. In addition, the ES is accompanied by other standalone reports, including a Non-Technical Summary, Design and Access Statement and Pre-Application Consultation Report. Copies of the full ES and accompanying documents, or further information on the Development may be obtained from NLEI Ltd (telephone 01475 749 950/ email [email protected]). The Non-Technical Summary is available free of charge. A hard copy of the ES and accompanying documents are available for a cost of £1,100. In addition, all documents are available in an electronic format (as PDFs for screen viewing only) on CD/DVD for £10. The ES and accompanying documents are available for viewing by the public during normal opening hours at the following locations: Dumfries and Galloway Museum of Lead Mining Sanquhar Dumfries and Council Visitor Centre Galloway Customer Services Council Headquarters Wanlockhead 100 High Street 109-115 English Street ML12 6UT Sanquhar Dumfries DG4 6DZ DG1 2DD Tel: 01659 74387 Tel: 01659 50347 Tel: 0303 333 3000 Monday to Sunday – 11am to 4:30pm Monday – 10am to 1pm Monday to Friday - 10am to Tuesday – Closed 4pm Wednesday – 10am to 4pm Saturday – Closed Thursday – 10am to 1pm Sunday – Closed Friday – 2pm to 7pm Saturday – Closed Sunday – Closed

The Environmental Statement can also be viewed at the Scottish Government Library at Victoria Quay, Edinburgh, EH6 6QQ. on the application website at http://northlowther.co.uk/resources; or at www.energyconsents.scot. Any representations to the application may be submitted via the Energy Consents Unit website at www.energyconsents.scot/Register.aspx or by email to the Scottish Government, Energy Consents Unit mailbox at [email protected] or alternatively, by post to:

The Scottish Government Energy Consents Unit, 4th Floor, 5 Atlantic Quay, 150 Broomielaw, Glasgow, G2 8LU,

All representations should identify the proposal and specify the grounds for representations and should be received not later than 23rd July 2017, although Ministers may consider representations received after this date. North Lowther Energy Initiative Planning Statement

Contents

1 Introduction ...... 4 1.1 Background ...... 4 1.2 Site Location and Description ...... 4 1.3 The Development ...... 4 1.4 The Developer and Project Background...... 5 1.5 Structure of Planning Statement ...... 6

2 The Statutory Framework ...... 7 2.1 Introduction ...... 7 2.2 Statutory Duties ...... 7 2.3 The Role of the Development Plan ...... 8

3 Development Plan Policy Appraisal ...... 10 3.1 Introduction ...... 10 3.2 Development Plan Aims and Objectives ...... 10 3.3 Local Development Plan Policies ...... 14 3.4 General LDP Policies ...... 15 3.5 Renewable Energy Policies ...... 15 3.6 Supplementary Guidance – Part 1 ...... 33 3.7 The Approach to Landscape Capacity Studies ...... 34 3.8 Other Landscape Policies in the LDP ...... 36 3.9 Peat and Carbon Rich Soil ...... 37 3.10 Cultural Heritage and Archaeology ...... 38 3.11 Ornithology and Nature Conservation ...... 39 3.12 Forestry ...... 39 3.13 Hydrology, Hydrogeology, Geology and Soils ...... 40 3.14 Transport and Access ...... 44 3.15 Development Plan Policy Assessment Conclusions ...... 47

4 National Planning Policy and Guidance ...... 48 4.1 Introduction ...... 48 4.2 The National Planning Framework 3 ...... 48 4.3 Scottish Planning Policy ...... 49 4.4 Scottish Government Advice Notes and Renewables Guidance ...... 56 4.5 Emerging Development Plan and Updated Wind Energy Supplementary Guidance ...... 57 4.6 Conclusions on National Planning Policy & Guidance ...... 58

5 The Renewable Energy Policy Framework ...... 59 5.1 Introduction ...... 59 5.2 International Policy Considerations ...... 59 5.3 United Kingdom Energy Policy ...... 60 5.4 Scottish Government Policy and Renewable Energy Generation Targets...... 62 5.5 Progress to the Scottish 2015 and 2020 Targets ...... 65 5.6 The Scottish Government Climate Change Plan (2017)...... 67 5.7 The Draft Scottish Energy Strategy (2017) ...... 69 5.8 The Onshore Wind Policy Statement 2017...... 70 5.9 Conclusion on Renewable Energy Policy ...... 72

North Lowther Energy Initiative Planning Statement

6 The Benefits of the Development ...... 74 6.1 Summary of the Benefits of the Development ...... 74 6.2 Shared Ownership ...... 76

7 Conclusions ...... 78 7.1 The Electricity Act 1989 ...... 78 7.2 The Renewable Energy Policy Framework...... 78 7.3 National Planning Policy & Guidance ...... 79 7.4 Overall Conclusion ...... 79

North Lowther Energy Initiative Planning Statement

1 Introduction

1.1 Background 1.1.1 JLL has been commissioned by North Lowther Energy Initiative Ltd (“NLEI Ltd” or “the Applicant”) to provide planning and development advice in relation to an application to the Scottish Ministers under Section 36 (“s.36”) of the Electricity Act 1989 (“the 1989 Act”) to construct and operate a 35 wind turbine development, known as the North Lowther Energy Initiative (hereafter referred to as “the Development”). In addition, NLEI Ltd is also seeking consent for deemed planning permission under Section 57 of the Town and Country Planning (Scotland) Act 1997, as amended. 1.1.2 NLEI Ltd is a joint venture between 2020 Renewables Ltd (“2020 Renewables”) and Buccleuch Estates Ltd (“Buccleuch Estates”) 1.1.3 The Development falls within the Dumfries and Galloway Council (“DGC”) area. DGC will be one of a number of relevant statutory consultees for the consideration of the application. 1.1.4 The application is accompanied by an Environmental Statement (“ES”) which has been undertaken in accordance with the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000 (“the EIA Regulations”), as amended. The ES presents information on the identification and assessment of the likely significant positive and negative environmental effects of the Development. This Planning Statement makes various cross references to information contained in the ES. 1.1.5 This Planning Statement presents an assessment of the proposed development against relevant policy with due regard given to the provisions of the statutory Development Plan for the DGC area, national energy and planning policy, and other relevant material considerations. The Planning Statement is supplementary to, and should be read in conjunction with, the ES submitted with the application. 1.2 Site Location and Description 1.2.1 The site (hereafter referred to as the “Development Area”) is located within the Queensberry Estate, approximately 5km south of Crawfordjohn, 2km northeast of Sanquhar and west of Wanlockhead, Dumfries and Galloway. The Development Area currently encompasses approximately 4,550 hectares (“ha”) of open moorland with relatively steep sided valleys and associated plateaux, interspersed by pockets of commercial conifer plantation. The land is owned by Buccleuch Estates and is used primarily for a mixture of tenanted and ‘in-hand farming’, principally livestock grazing, as well as commercial forestry and seasonal grouse shooting. 1.3 The Development 1.3.1 Chapter 4 of the ES provides a detailed description of the Development, including all ancillary infrastructure such as access and electrical connections. In summary, the key components of the wind farm comprise the following:  35 wind turbines (including external transformers) of up to 149m (to blade tip) – currently considered candidate turbines envisage a total maximum rated capacity of 147 Mega Watts (“MW”)1;  crane hardstandings for each turbine;  vehicle turning heads;  one substation control building (incorporating transformers/electrical equipment);

1 The total MW capacity of 147MW equates to 35 4.2 MW turbines. A range of turbine models with varying capacities is available with a maximum 149m tip height and the final turbine selection will be subject to a tendering process if the application receives consent.

North Lowther Energy Initiative Planning Statement

 two site access points (A and B);  onsite underground electrical cables;  site signage;  36km of permanent access tracks comprising 3km of upgraded tracks, and 33km of new tracks including passing places and watercourse crossings;  compensatory planting to of 36.61ha of forestry; and  conservation management plan (including riparian planting). 1.3.2 In addition to the above components of the operational Development, construction of the Development will also require:  3km of existing forest track (which does not require upgrading) for transport of material won from borrow pits Nos 3-5;  felling of 69.11ha2 of forestry to accommodate turbines and associated infrastructure;  the creation of up to five temporary onsite borrow pits for the extraction of stone;  five temporary construction compounds/laydown areas; and  two potential concrete batching plants (to be located within excavated borrow pits). 1.3.3 The Development would be connected to the national electricity network (“grid’”). The grid connection will be subject to a separate consenting process undertaken by the local grid operator as it does not form part of the s.36 application and associated EIA. 1.4 The Developer and Project Background 1.4.1 As explained, 2020 Renewables and Buccleuch Estates have formed a joint venture to progress the Development. 1.4.2 2020 Renewables is an established and experienced renewable energy developer based in Greenock. Established in 2010, its staff have been developing renewable energy projects since 1990. 2020 Renewables employs people with a proven track record in planning, constructing and operating wind farms, and is committed to engaging with all stakeholders throughout the development and operation of their projects. 1.4.3 Buccleuch Estates Ltd is the landowner for the Development and the enterprise represents the business interests of the Buccleuch family. Today, the organisation is a diverse enterprise focused on all aspects of land use. 1.4.4 As explained in Chapter 1 of the ES, the Development is part of a wider renewable energy and land use strategy that can deliver social, economic and environmental benefits on a large scale. The Development reflects the latest stage in a series of renewable energy developments between 2020 Renewables and Buccleuch Estates, which include:  Coaling and restoration of coal mine;  Glenmuckloch Energy Park:  Glenmuckloch Community Energy Park;

2 A minimum of 36.61ha (difference between felling and replanting) compensatory planting will be delivered as part of the Compensatory Planting Plan. A 297ha area of native riparian woodland is proposed as part of the Development, part of which would be used to accommodate the 36.61ha of Compensatory Planting Obligation.

North Lowther Energy Initiative Planning Statement

 Glenmuckloch Windfarm; and  Glenmuckloch Pumped Storage Hydro. 1.4.5 These projects aim to provide community owned renewables, renewable energy generation capacity and the ability to store renewable energy within the south of Scotland for use when it is most needed by the electricity grid operator. Importantly, and further addressed below, the Development will also provide the opportunity for the delivery of a major habitat management plan (“HMP”), which is directed at better understanding and improving the status of the upland bird population in the Southern Uplands, the principal focus of which will be the North Lowther Hills Special Protection Area (“SPA”). 1.5 Structure of Planning Statement 1.5.1 The structure of this Planning Statement is as follows:  Chapter 2 sets out an overview of the relevant statutory and regulatory framework applicable to the s.36 application;  Chapter 3 provides an assessment of the Development against the relevant Development Plan policies and applicable Supplementary Guidance;  Chapter 4 sets out relevant national planning policy and guidance;  Chapter 5 explains the renewable energy policy framework;  Chapter 6 sets out the benefits that would arise from the Development; and,  Chapter 7 presents overall conclusions.

North Lowther Energy Initiative Planning Statement

2 The Statutory Framework

2.1 Introduction 2.1.1 The Application for the Development is being submitted to the Scottish Government under s.36 and of the Electricity Act 1989. As part of this application process, the Applicant is also seeking that the Scottish Ministers issue a Direction under s.57(2) of the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”) that deemed planning permissions be granted for the proposed development. This Chapter summarises the legislative framework within which the Development requires to be considered. 2.2 Statutory Duties 2.2.1 A decision on the Application under the 1989 Act is the principal decision to be made in this case. 2.2.2 Paragraph 3 of Schedule 9 to the Electricity Act 1989 deals with preservation of amenity. In summary, the provisions set out a number of environmental features to which regard must be had and that mitigation must be considered. Sub-paragraph 1 can be relevant to an Applicant if they hold a License at the date a s.36 application is made. Sub-paragraph 2 applies in any event. Sub-paragraphs 1 and 2 state: (1) “In formulating any relevant proposals, a licence holder or a person authorised by exemption to generate, transmit, distribute or supply electricity

(a) shall have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest and of protecting sites, buildings and objects of architectural, historic or archeological interest; and

(b) shall do what he reasonably can to mitigate any effect which the proposals would have on the natural beauty of the countryside or on any such flora, fauna, features, sites, buildings or objects.

(2) In considering any relevant proposals for which his consent is required under section 36 or 37 of this Act, the Secretary of State shall have regard to—

(a) the desirability of the matters mentioned in paragraph (a) of sub-paragraph (1) above; and

(b) the extent to which the person by whom the proposals were formulated has complied with his duty under paragraph (b) of that sub-paragraph.”

3 ) Without prejudice to sub-paragrapghs (1) and (2) above ,in exercising any relevant functions each of the following,namely,a licence holder,a person authorised by exemption to generate or supply electricity and the Secretary of State shall avoid ,so far as possible,causing injury to fisheries or to the stock of fish in any waters.

2.2.3 The Applicant has sought to develop a project that takes full account of the Schedule 9 duties. It is relevant to note the use of the terms ‘desirability’ and ‘reasonably’ with regard to project design, siting and mitigation. This recognises that there are balances and reconciliations to be considered in decision making for this type of application. 2.2.4 Although the Applicant is not bound at the present time by the requirements of Schedule 9 of the 1989 Act, the Scottish Ministers will have to have regard to sub paragraph 2 and 3. As a consequence, the Applicant has considered these matters during the design of the Development. This is demonstrated by the robust evaluation and assessment of effects as set out within the ES. This approach was identified

North Lowther Energy Initiative Planning Statement

by Lord Hodge in the delivering the Judgement of the Supreme Court in Trump International V The Scottish Ministers {2015} UKSC 74 (see paragraph17). 2.2.5 In the Fauch Hill / Harburnhead s.36 decision (page 5 , paragraph 1), it was set out by the Reporters with regard to Schedule 9 of the 1989 Act that: “The provisions of Schedule 9 of the Electricity Act 1989 apply to the assessment of wind farms with an installed capacity of over 50 MW. The Scottish Government's position is that whether an applicant is licensed or not, Ministers will have regard to the Schedule 9 provisions and expect them to be addressed through the Environmental Statement. We are satisfied that both applications have submitted sufficient environmental information and that the relevant requirements have been complied with. We are also satisfied that both applications have had regard to the relevant environmental matters and within the parameters of their chosen design have done what they reasonably could to mitigate any impact.” 2.2.6 The ES for the Development demonstrates that due regard has been paid to Schedule 9 of the 1989 Act and appropriate mitigation has been considered in detail. 2.3 The Role of the Development Plan 2.3.1 In considering the overall statutory and regulatory framework within which the Development should be assessed, the statutory Development Plan is a consideration which should be taken into account in the round with all other relevant considerations. It is important to note however, that s.25 of the 1997 Act is not engaged. This matter is now settled following various High Court and Court of Session cases in recent years. 2.3.2 In January 2012 the High Court made clear in its decision in the English case of R (on the application of Samuel Smith Old Brewery (Tadcaster) v Secretary of State for Energy & Climate Change that the provisions of section 38(6)3, requiring planning determinations to be made in accordance with the Development Plan unless material considerations indicate otherwise, do not apply in respect of a direction under section 90 of the Town & Country Planning Act 1990 that planning permission be deemed to be granted. This decision related to a ‘direction’ in connection with an application for section 37 consent under the 1989 Act. 2.3.3 It was decided that a "direction" that planning permission shall be deemed to be granted was not a "determination" under the Planning Acts. The Court stated (para 75) that "as a matter of construction I consider that it is a direction that such a determination is not required". Therefore there was no duty on the Secretary of State in making a direction under section 90 to comply with the requirement in section 38(6) that determinations must be made in accordance with the Development Plan unless material considerations indicate otherwise. 2.3.4 The matter was addressed in the William Grant / Dorenell s.36 Wind Farm Judicial Review case of June 2012 in the Court of Session where Lord Malcolm ruled that s.25 [the equivalent of s.38(6) of the 2004 Act in England] did not apply to an Electricity Act case. This is generally considered to be one of the leading cases on the matter. 2.3.5 It is helpful to look at what Lord Malcolm said with regard to Schedule 9. On page 10 of the Judgment, Lord Malcolm stated:

3 s.38(6) of the Planning and Compulsory Purchase Act 2004 – the equivalent of s.25 of the 1997 Act in Scotland.

North Lowther Energy Initiative Planning Statement

“I consider that Parliament intended that the relevant provisions of the 1989 Act would provide a self- contained code…….Schedule 9 narrates the relevant considerations, dealing with, amongst other things, the preservation of amenity……By contrast, section 25 [s.38(6) in England] applies to decisions under the planning acts when it is a requirement that regard is to be had to the development plan”. 2.3.6 There is therefore no ‘primacy’ of the Development Plan in an Electricity Act case. Lord Malcolm went on to state (page 10): “my decision is broadly in line with the decision of Mr Justice Edwards-Stuart in the Samuel Smith Old Brewery Case. I agree with his reasoning at paragraphs 70/81”. 2.3.7 In the Fauch Hill / Harburnhead s.36 decision (page 17, paragraphs 2.4 and 2.8), it was set out by the Reporters that the basis for their recommendation to the Scottish Minsters was as follows: “There was general agreement that section 25 of the Town and Country planning (Scotland) Act 1997 was not engaged in a section 36 Electricity Act application. Nonetheless, there was also agreement that this did not mean that the development plan was irrelevant, not least because it contained policies relating to many of the environmental features listed in Schedule 9. There was also general agreement that the Scottish Government energy policy is a further important consideration.” “We consider the basis of our decision is the consideration of the impact on the environmental features listed in Schedule 9, the policies of the development plan and other relevant practical considerations (such as the impact on aviation radar) bearing in mind the context set by the Scottish Government energy policy.” 2.3.8 In the sections of the Planning Statement below, all of these matters are addressed, namely the relevant environmental topics in Schedule 9, the Development Plan and Scottish Government planning and energy policy.

North Lowther Energy Initiative Planning Statement

3 Development Plan Policy Appraisal

3.1 Introduction 3.1.1 This Chapter provides an assessment of the Development against the relevant policies of the statutory Development Plan. The statutory Development Plan for the Development Area comprises:  the Dumfries and Galloway Local Development Plan (the “LDP”) (adopted September 2014); and  Part 1 Wind Energy Development: Development Management Considerations Supplementary Guidance (2015) (the “SG”). 3.1.2 This Chapter also considers the Development Plan’s ‘Aims and Objectives’ before considering the relevant policies and drawing upon the conclusions reached in the ES. 3.2 Development Plan Aims and Objectives 3.2.1 Tables 3.1 and 3.2 below set out the consideration of the Development against the aims and vision of the LDP. Table 3.1: Relationship of the Development to LDP Objectives

Overarching Approach to the Plan LDP Objective Relevance to Assessment of relevant considerations Proposed Development “…the overarching principle of High due to The Development by its very nature is a sustainable this Plan is that all development being the form of power generation. When compared to fossil proposals should support primary fuel energy generation the Development will result sustainable development, overarching in significant carbon and greenhouse gas including the reduction of carbon statement of reductions. Accordingly the Development is and other greenhouse gas the LDP. consistent with and would further this overarching emissions. The following broad principle of the LDP. principles have been followed when identifying sites for development:

reduce overall flood risk by avoiding High The Development site does not contain high quality areas at risk of flooding and erosion; agricultural land and it is also free from the risk of where possible, avoid the use of significant flooding. prime quality agricultural land; consider reusing brownfield, vacant Low The Development by its very nature would not be and derelict land and buildings appropriate for an urban environment. instead of greenfield land; maximise the use of existing Low The Development does not rely on physical infrastructure including public infrastructure apart from roads and a connection to transport; the national grid. consider opportunities to develop No relevance No relevance mixed communities. The following broad principles should be incorporated into all developments: maximise passive solar gain through No relevance No relevance design, layout and orientation of the building(s);

North Lowther Energy Initiative Planning Statement

Overarching Approach to the Plan LDP Objective Relevance to Assessment of relevant considerations Proposed Development use sustainable construction Moderate It is anticipated that a condition of consent will techniques; require agreement of a construction management plan, which would provide for sustainable construction techniques. a SuDS scheme; Moderate Sustainable urban drainage principles are discussed in Chapter 7 of the ES. maximise the use of existing The Development does not rely on physical infrastructure; infrastructure apart from roads and a connection to the national grid. enhance the environment of, and High The access tracks of the Development allow for protect access to, open space, recreational enhancement through increased green networks and recreational provision of access opportunities on the site, net opportunities; additional woodland and habitat management / enhancement. There will be some visual amenity impacts to users of the Southern Upland Way long distance footpath. movement hierarchy as outlined in No relevance No relevance “Designing Streets” and maximise linkages with existing public transport and other sustainable transport options; consider future proofing The design of the proposed development and the development to accommodate any EIA approach to using a ‘candidate’ turbine has future changing requirements such sought to establish a proposal that can respond to as waste management regimes, future advances in turbine technology that could technological advancement in enhance power generation capacity, efficiency and telecommunications infrastructure use of construction materials. and so on.

Table 3.2: Relationship of the Development to LDP Vision

Local Development Plan Vision Objective Relevance Assessment What will Dumfries and High Not all criteria are relevant. Those of relevance are Galloway look like in 20 years’ assessed below: time? It will be a thriving region with a Sustainable economy built on sustainable sustainable economy built on principles: Chapter 13 of the ES sets out the sustainable principles that employment and the local and regional economic safeguard the landscape, impacts that the Development would result in. natural and historic Onshore wind is also inherently sustainable when environment, promote growth, compared to fossil fuel power generation. maximise the use of existing infrastructure and enhance Safeguard the landscape, natural and historic connectivity. It will have environment: The ES provides a detailed maximised its location to attract assessment of the above matters. The site selection investment to create and design strategy (ES Chapter 3) explains how employment and investment thee environmental topics have been considered, opportunities which will in turn

North Lowther Energy Initiative Planning Statement

Local Development Plan Vision Objective Relevance Assessment attract people of working age to safeguarded as appropriate and in some instances the region. Dumfries will have enhanced (e.g. nature conservation interests). consolidated its position as the Regional Capital; Stranraer waterfront will have been transformed into a sustainable extension of the town centre; new jobs will have been created within the Gretna, Lockerbie, Annan regeneration corridor; and the other towns across the region will occupy niche positions making the most of their geographical locations. There will be opportunities in the rural area for economic development, housing and recreation. There will also be more opportunities for people to access affordable housing.

There will also be…………….. a High The ES explains the issues facing the local rural viable rural economy and economy: the benefits from the Development would community characterised by – sustain and enhance the rural economy: as a result of employment opportunities associated with the construction and operational phases and the net socio-economic and community benefits that would arise. more rural businesses Moderate Start-up businesses could be encouraged by construction contract opportunities and through the provision of supply services. more houses in small groups No relevance No relevance more recreational activity High The Development will enhance recreational opportunities through the provision of new access opportunities which will be able to utilise the access tracks. more woodlands High The Development makes provision for the planting of considerable net additional woodland. high quality distinctive landscapes High While the Development would adversely affect the receiving landscape, there is considered to be capacity for the scale of development proposed. high quality accessible viewpoints, Moderate The continued use of the Development Area and paths and green networks enhanced recreational opportunities and the proposed riparian forestry planting will assist in furthering green network principles. a range of renewable energy High The Development is a renewable energy use thus developments contributing to the range of technologies and locations within the DGC area. a protected and enhanced natural High The Development has sought to protect the most and historic environment valued natural and historic features within and adjacent to the Development Area through the siting and design approach.

North Lowther Energy Initiative Planning Statement

Local Development Plan Vision Objective Relevance Assessment access to sustainable transport No relevance No relevance ready access to higher education No relevance No relevance and opportunities for knowledge transfer

Vibrant towns and villages that have: more businesses and people Moderate Positive impacts on the rural and wider economy. working from home more opportunities to meet locally No Relevance No relevance arising affordable housing needs housing developments of a scale No Relevance No relevance appropriate to their location that incorporate features such as open space, green networks, SuDS and are based around sustainable transport modes high quality, affordable housing No Relevance No relevance a range of services and facilities No Relevance No relevance that help support the local community enhanced historic environment, Moderate Whilst the Development would not enhance the streetscape and open spaces historic environment or landscape settings – the a distinctive landscape setting or design and siting approach followed has ensured an sense of place acceptable development in relation to these considerations. more green networks providing a Moderate The continued use of the Development Area and range of environmental, social and enhanced recreational opportunities and the economic benefits proposed riparian forestry planting will assist in furthering green network principles. more sustainable developments No relevance No relevance linked to allotments, waste recycling, energy generation and so on, that are based around sustainable transport modes access to a wide range of good Low As noted, the continued use of the Development quality sport, recreation and Area and enhanced recreational opportunities and leisure facilities the proposed riparian forestry planting will assist in furthering green network principles. developments served by district No relevance No relevance heating systems

3.2.2 As can be seen from the above, not all the objectives of the LDP are relevant, but of those that are, the Development generally accords with them. Overall the Development is considered to be consistent with the objectives and vision of the LDP.

North Lowther Energy Initiative Planning Statement

3.3 Local Development Plan Policies 3.3.1 Table 3.3 sets out the LDP polices which are of relevance to the consideration of the Development. Table 3.3: Relevant LDP Policies Policy Topic LDP Policies General Policies OP1 - Development Considerations OP2 – Design Quality of New Development Renewable Energy IN1 – Renewable Energy IN2 – Wind Energy Landscape and Visual HE6 – Gardens and Regional Landscapes NE1 – National Scenic Areas NE2 – Regional Scenic Areas Peat ED16 – Protection and restoration of Peat Disposals as Carbon Sinks Cultural Heritage and Archaeology HE1 – Listed Buildings HE2 – Conservation Areas

HE3 – Archaeology

HE4 – Archaeologically Sensitive Areas

Ecology NE3 – Sites of International Importance for Biodiversity NE4 – Species of International Importance NE5 – Sites of National Importance for Biodiversity NE6 – Forestry and Woodland NE7 Trees and Development Geology and Hydrology NE11 – Supporting the Water Environment NE12 – Protection of Water Margins Transport and Routes T1 – Transport Infrastructure T2 – Location of Development / Accessibility CF4 - Access Routes

3.3.2 In the sections which follow below, these policies are addressed. Policies IN1 and IN2 have been specifically formulated to deal with renewable energy and specifically (in terms of IN2) wind energy developments. The policy assessment which follows below therefore has a focus on these ‘lead’ policies.

North Lowther Energy Initiative Planning Statement

3.4 General LDP Policies 3.4.1 Policy OP1: ‘Development Considerations’ states that: “Development will be assessed against the following considerations where relevant to the scale, nature and location of the proposal:  General amenity,  Historic environment,  Landscape,  Biodiversity and geodiversity,  Transport and travel,  Sustainability, and  Water environment.” 3.4.2 With specific reference to landscape, Policy OP1 provides that development proposals should respect, protect and/or enhance the region’s rich landscape character, scenic qualities and features and sites designed for their landscape quality at any level. Development proposals are also to reflect the scale and local distinctiveness of the landscape. 3.4.3 Policy OP1 further provides, at part (C), that principles established in the European Landscape Convention and the Dumfries and Galloway Landscape Assessment, and any subsequent revised or amended document will be a material consideration in the assessment of proposals. 3.4.4 Policy OP2: ‘Design Quality of New Development’ states that: “Development proposals should achieve high quality design in terms of their contribution to the existing built and natural contributing positively to a sense of place and local distinctiveness”. 3.4.5 The various environmental topics listed in Policy OP1 are contained within the remit of the lead policy that applies in this case, namely Policy IN1 ‘Renewable Energy’ and also in part by Policy IN2 ‘Wind Energy’. Policy IN1 also allows for design considerations to be taken into account, as raised in Policy OP2. All of these matters are addressed below in the context of Policies IN1 and 2. 3.5 Renewable Energy Policies 3.5.1 LDP Policy IN1 ‘Renewable Energy’ states: “The Council will support development proposals for all renewable energy provided they do not individually or in combination have an unacceptable* significant adverse impact on:

 landscape;  the cultural and natural heritage;  areas and routes important for tourism or recreational use in the countryside;  water and fishing interests;  air quality; and  the amenity of the surrounding area. To enable this assessment sufficient detail should be submitted, to include the following as relevant to the scale and nature of the proposal:

North Lowther Energy Initiative Planning Statement

 any associated infrastructure requirements including road and grid connections (where subject to planning consent)  environmental and other impacts associated with the construction and operational phases of the development including details of any visual impact, noise and odour issues.  relevant provisions for the restoration of the site  the extent to which the proposal helps to meet the current government targets for energy generation and consumption. “Acceptability will be determined through an assessment of the details of the proposal including its benefits and the extent to which its environmental and cumulative impacts can be satisfactorily addressed”.

3.5.2 Policy IN1 relates to all types of renewable energy development and requires an assessment to be undertaken as to whether or not there would be unacceptable significant effects arising from a development in relation to defined environmental resources. 3.5.3 The policy has a provision where it states acceptability will be determined through assessment of a given development’s benefits – in effect a ‘planning balance’. While it is accepted that this policy has been adopted as part of the LDP, the overall planning balance needs to be considered beyond the confines of a single policy, and has to include all relevant considerations. 3.5.4 This policy contains a number of criteria / topics that overlap with the related policy criteria within policy IN2. These policy topics are considered in more detail under Policy IN2 and on this basis the assessment of IN1 should be read alongside that of IN2. 3.5.5 Policy IN1 also requires sufficient detail to be submitted to enable the assessment of development proposals. The ES provides detail on associated infrastructure requirements, environmental and other effects associated with the construction, operation and decommissioning phases of the Development (including details of any visual and noise issues – matters specified in Policy IN1). 3.5.6 Policy IN1 requires consideration of the “extent to which the proposal helps to meet the current government targets for energy generation and consumption”. Chapter 5 of this Planning Statement provides a summary of the renewable energy policy framework and makes specific reference to current Government targets for renewable energy and electricity generation at both the UK and Scottish levels. Given the Development has a capacity of circa 147 MW, and with an above average capacity factor of around 36% (Scottish average is 274%) the Development can draw significant support from this policy criterion. As a result of its scale and efficiency, it would contribute significantly to unmet Government renewables targets. 3.5.7 Finally, Policy IN1 makes it clear that the acceptability of effects will be determined through an assessment of the details of the individual proposal “including its benefits”, as well as the extent to which environmental and cumulative impacts can be satisfactorily addressed. Chapter 6, below, sets out the range of environmental, socio-economic and community benefits that are expected to result from the Development. 3.5.8 In terms of residual significant effects reported within the ES, the Development would only result in significant adverse effects in terms of landscape, visual and cultural heritage (the latter being limited to

4 Department for Business, Energy & Industrial Strategy (2017). National Statistics Energy Trends: Renewables. Renewable electricity capacity and generation (ET 6.1). Available [online] at https://www.gov.uk/government/statistics/energy-trends-section-6-renewables. Accessed 27/04/2017. 27% is the average load (capacity) factor for wind energy in Scotland for the years 2012-2016.

North Lowther Energy Initiative Planning Statement

the setting of two cultural heritage assets). The effects are referred to in more detail below with regard to Policy IN2. 3.5.9 Considering the predicted effects of the Development set out within the ES, none of the reported residual significant effects are considered to be unacceptable. The ES has proposed appropriate mitigation. 3.5.10 The remainder of this Chapter sets out conclusions regarding the predicted environmental effects and their relationship to the remaining relevant policy framework. The overall conclusion is that the Development and its resulting effects are acceptable and, moreover, that there would be a range of benefits arising from the Development that should attract significant support in the planning balance. 3.5.11 The Development is considered to be in accordance with Policy IN1. 3.5.12 LDP Policy IN2 ‘Wind Energy’, Part 1 states: “PART 1: Assessment of all wind farm proposals:

The Council will assess the acceptability* of any proposed wind energy development against the following considerations (1):

Landscape and visual impact:

 the extent to which the proposal addresses the guidance contained in the Dumfries and Galloway Windfarm Landscape Capacity Study.  the extent to which the landscape is capable of accommodating the development without significant detrimental impact on landscape character or visual amenity  that the design and scale of the proposal is appropriate to the scale and character of its setting, respecting the main features of the site and the wider environment and that it fully addresses the potential for mitigation. Cumulative Impact

The extent of any detrimental landscape or visual impact from two or more wind energy developments and the potential for mitigation.

Impact on local communities

The extent of any detrimental impact on communities and local amenity including assessment of the impacts of noise, shadow flicker, visual dominance and the potential for associated mitigation.

Impact on Aviation and Defence Interests

The extent to which the proposal addresses any impacts arising from location within an area subject to potential aviation and defence constraints including the Eskdalemuir Safeguard Area.

Other Impacts and considerations

a) the extent to which the proposal avoids or adequately resolves any other significant adverse impact including:- on the natural and historic environment, cultural heritage, biodiversity; forest and woodlands; and tourism and recreational interests.

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b) the extent to which the proposal addresses any physical site constraints and appropriate provision for decommissioning and restoration.

(1) Further details on this assessment process including its application to smaller capacity windfarms are to be provided through Supplementary Guidance on Wind Energy Development: This will also include mapping of the constraints relevant to the considerations above.

* Acceptability will be determined through an assessment of the details of the proposal including its benefits and the extent to which its environmental and cumulative impacts can be satisfactorily addressed.

3.5.13 Policy IN2, Part 1, is considered to be the most relevant Development Plan policy with which to assess the Development as it specifically deals with wind energy development. It lists a number of criteria that require to be taken into account when judging the acceptability of any proposed wind energy development. The specific topic matters are dealt with below and follow the policy’s sub-headings. 3.5.14 It should be noted that similar to Policy IN1, this policy includes an ‘acceptability’ test, which requires a development’s benefits to be assessed against the extent to which its environmental effects5 can be satisfactorily addressed. Landscape and Visual Impact Reference to the Dumfries & Galloway Wind Farm Landscape Capacity Study 3.5.15 The first landscape and visual matter in the policy requires consideration of the extent to which the Development addresses the guidance contained within the Dumfries and Galloway Wind Farm Landscape Capacity Study (“DGWLCS”). 3.5.16 The DGWLCS was prepared in 20116 and sought to identify the capacity of Dumfries and Galloway to accommodate wind energy. The DGWLCS is an Appendix to the ‘Supplementary Guidance, Part 1 Wind Energy Development: Development Management Considerations’. 3.5.17 The DGWLCS, defines ‘capacity’ (page 8) as “the degree to which a particular landscape character type or area is able to accommodate change without significant effects..”. This definition does not recognise that all commercial scale wind energy developments will have significant landscape effects. It therefore does not in practice help with identifying what size and volume of wind energy development is possible and it clearly cannot anticipate all design responses that might come forward for particular locations and landscape character types. 3.5.18 Given this limitation, it is considered that the DGWLCS should be treated as a study of relative sensitivity of different landscapes to development of different scales. As a sensitivity study, it provides detailed information, and is a more comprehensive and up to date study than the SNH Landscape Character Assessment. It is therefore used as a source of background information and a starting point to inform judgements about landscape sensitivity in the much more detailed landscape and visual assessment presented in the ES. It is most important to note that the DGWLCS does not, as clarified by the document itself, provide a tool for assessing whether or not there is capacity in the landscape for

5 It should be noted that the approach set out in the ES is that the EIA process has identified four levels of effect in the topic assessments, which identify whether effects are significant in the context of the EIA Regulations. Levels are described as Significant (major or moderate) and Not Significant (minor or negligible). The approach is therefore relatively precautionary and the number of significant effects identified therefore need to be viewed in that context.

6 An update to the DGWLCS was published for consultation in 2016. As a consultation draft it has no formal status, and as such, references to the DGWLCS in this assessment refer to the 2011 version.

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any given development. The Development Area lies within the Southern Uplands Landscape Character Type (“LCT”). 3.5.19 The Southern Uplands LCT extends across the ES Landscape and Visual Impact Assessment (“LVIA”) study area covering areas of Dumfries and Galloway and South Lanarkshire, but also into the Scottish Borders and Ayrshire. The DGWLCS identifies the unit of this LCT that contains the Development Area as the ‘Lowthers’. 3.5.20 The DGWLCS concludes that the Lowthers unit is of high sensitivity to large development typology partly because of its inclusion of the type as part of the Thornhill Uplands Regional Scenic Area (“RSA”). The 2016 update to the DGWLCS does not cover the Lowthers unit of Southern Uplands LCT, as there have been no changes to the wind farms present since 2011. The study indicates that there are no changes to the findings of sensitivity since 2011 (page 139). The ES explains that given that there is no information regarding the ‘very large’ typology for this unit of the LCT, an assumption has been made that the sensitivity to the very large typology for the Lowthers unit would be high. 3.5.21 The ES analysis indicates that while some aspects of the landscape indicate low susceptibility to wind energy development, including the scale of the hills, and their simple landform, other aspects indicate higher susceptibility. 3.5.22 The effect of the Development on the character of the Lowther unit is judged to vary with proximity to the Development. For the area that contains the Development Area, between the Crawick Water to the Mennock Pass, the effect is judged to be significant (major). Between the Mennock Pass and the Dalveen Pass, the effect is judged to be not significant (minor), and beyond the Dalveen Pass the effect would not be significant (negligible). 3.5.23 The ES sets out that considering the large scale of the landscape, the smooth landform with rounded hills, simple landscape pattern, absence of man-made influences and distance to settlement, this indicates the ability of the Development Area to accommodate development, though it is also noted that steep sided valleys, undeveloped, prominent skylines, and inter-visibility with surrounding landscapes may reduce the ability to accommodate development. Overall the ES LVIA Chapter sets out that it is considered that the location for the Development has some capacity to accommodate development.

The extent to which the landscape is capable of accommodating a development without significant detrimental impact on landscape character or visual amenity

3.5.24 The second aspect in Policy IN2, Part 1, is the consideration of the extent to which the landscape is capable of accommodating a development without significant detrimental impact on landscape character or visual amenity arising. This is a matter that relates to the capacity of the landscape to accommodate the Development. This requires a specific evaluation of the Development and how it relates to the landscape. 3.5.25 Chapter 6 of the ES should be referred to for its detail. In summary, significant effects on landscape character are not considered likely to occur beyond 15km from the Development given the limited visibility from these areas. Significant landscape effects are likely for the Southern Uplands LCT (major effect for the area between the Crawick Water to the Mennock Pass (which includes the Development Area), and moderate effect for an area north-west of Leadhills including the Snar Water valley, Windy Dod and the Rake Law ridge), the Upland Glens LCT (localised major effect for parts of the Mennock Pass), Upland River Valley LCT (moderate effect for Snar Water section) and Upper Dale LCT (major effect for the Auchentaggart/Sanquhar Moors area to the north-east of the valley floor and moderate effect for the north facing slopes between Glengenny and Ulzieside). Significant effects on the characteristics of the surrounding landscape are therefore predominantly found in the local area around the Development Area. Major effects would occur within a distance of approximately 4-5km from the

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turbines to the south-west, and 1-2km in other directions. Moderate effects would occur within approximately 7km from the turbines to the south-west, and 5km to the north-east. 3.5.26 The visual amenity assessment in the ES has considered views from settlements, routes and other locations in the landscape. Significant effects on views and visual amenity are predicted to occur in the vicinity of the Development Area, to approximately 12.5km from the proposed turbines, namely from the settlement of Wanlockhead (moderate effect), the A76 from Knockenjig to Sanquhar, a stretch of approximately 2km (moderate effect), the B797 from Mennock to Wanlockhead (moderate effect), B740 from Nether Cog and Spango (moderate effect), Muirkirk to Wanlockhead Drove Road (moderate effect from Lamb Knowe to Spango Bridge and major effect from Spango Bridge to Duntercluegh Hill, Coffin Road (major effect) and the Southern Upland Way (major effect between Lowther Hill and Sanquhar and moderate effect between Whing Head and Sanquhar). Significant visual effects are predicted for 14 of the 24 representative viewpoints, nine of which would be major effects. An important point and as explained in the ES, the effects would that arise are within the typical range that would be expected for a wind farm of this scale. 3.5.27 It is also relevant to consider the effects of the Development in relation to designated landscapes. 3.5.28 Chapter 6 of the ES explains that the Development Area lies partly within the Thornhill Uplands RSA and adjacent to the Leadhills and Lowther Hills Special Landscape Area (“SLA”), although no elements of the proposed development lie within the SLA. In addition, there are a number of designated landscapes within the wider study area (35km), including National Scenic Areas (“NSAs”) and other locally designated RSAs and SLAs, which contribute to landscape value across the LVIA study area – these are all however, relatively distant from the Development Area.. 3.5.29 The LVIA has assessed the implications that the Development could have on designated landscapes, and whether the Development could compromise the reasons for their designation. The assessment has found that the significant effects of the Development on the Southern Uplands LCT and Upland Glens LCT and from a number of viewpoints within 10km of the Development would introduce significant landscape effects for the northern part of the Thornhill Uplands RSA. 3.5.30 The Leadhills and Lowther Hills SLA is contiguous with the Thornhill Uplands RSA. The ES explains that there are likely to be significant effects on the Southern Uplands LCT for the area north-west of Leadhills which lie within the SLA and from several viewpoints within the SLA. 3.5.31 In considering local landscape designations, it is clear from Table 3.4 below that, in principle, wind farms can be successfully integrated within RSA and SLA designations. The principle of wind farm development within local designations is a well-established one.

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Table 3.4: Examples of Wind Farms in Local Landscape Designations: Special Landscape Area (SLA), Areas of Great Landscape Value (AGLV) and Regional Scenic Areas (RSA) Wind Farm Name Local Landscape Designation Aikengall I & II AGLV Blackcraig APQ Burnfoot Hill SLA Clachan Flats (Ardkinglas) APQ Clyde Windfarm (North and Central) AGLV/SLA/RSA Crystal Rig & Extensions AGLV Dorenell AGLV Earlsburn (North Extension) LLA Fallago Rigg AGLV/SLA Glenkerie AGLV/SLA Hadyard Hill SLA Hagshaw Hill Extension AGLV/SLA Hare Hill SLA Kelburn Estate SLA Moy (partly) SLA Tom nan Clach SLA Tormywheel ASLC Wardlaw Wood (Dalry Windfarm) SLA Wester Dod Windfarm (Aikengall 2) AGLV

3.5.32 Following consideration of the predicted effects of the Development in relation to landscape character, visual effects and in relation to designated landscapes, it is considered that the effects on the RSA are acceptable and that there is capacity within the landscape to accommodate the Development. The design and scale of a particular development and whether it is appropriate to the scale and character of its respective setting, including respecting the main features of the site in question, the wider environment and that the potential for mitigation is fully addressed

3.5.33 The third aspect of the landscape and visual part of Policy IN2 relates to consideration of the design and scale of a particular development. 3.5.34 Chapter 3 of the ES, entitled ‘Site Selection and Design Strategy’ is important to consider in this regard. Explanation is provided of the design iterations that were undertaken prior to arriving at the final design. Importantly it sets out that the NLEI site is the product of a combined vision for delivering large scale habitat enhancement, the implementation of a major renewable energy development and delivery of a major investment in the local economy. The project has been driven by these key aims. At the earliest stage of the project an extensive area of land to the north of the Lowther Hills, extending from Sanquhar in the west to the M74 motorway in the east was identified as a potential development area over which the Applicant parties had ownership control. At that stage the site also incorporated a large section of the Muirkirk and North Lowther Uplands Special Protection Area (SPA), currently in unfavourable condition. 3.5.35 The initial development concept comprised the following:  A very large renewable energy development in excess of 400 MW in an area of high wind speeds, good grid access and outwith national landscape designations;  Development in the Upper Nithsdale region, which combined with the Glenmuckloch Pumped Storage scheme, would deliver a significant economic investment and contribute to a mix of energy sources to help attain the Scottish Government’s ambitious energy targets;

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 An opportunity to tackle the status of the North Lowther SPA, which has been recording ‘unfavourable’ status for over a decade, through an associated habitat enhancement plan; and  Delivery of a community benefit fund that would provide the opportunity to help deliver substantive economic sustainability to the area. 3.5.36 With access to a landholding of the scale needed to deliver the above aims, Buccleuch, with support from 2020 Renewables identified the initial development area and discussed the initial proposals with the Scottish Government, Scottish Natural Heritage (SNH), DGC and other local landowners. Whilst the initial development area was partially located within the SPA, the area identified for development was otherwise outwith national and international designations. The area identified for development was also relatively sparsely populated, and where properties and settlements were present, there was sufficient scope for adequate separation distances to be applied to ensure the protection of amenity. The location also had excellent predicted wind speeds and good access to the grid network, both of which are essential for the delivery of an efficient wind energy scheme which is able to compete in the changing electricity market: especially one operating on the basis of no subsidy. 3.5.37 Chapter 3 of the ES also describes in detail the regional and local level site selection considerations and the site specific design principles that have been followed. Furthermore, at an early stage in the design process, informed by initial ornithological advice, landowner discussions and preliminary discussions with consultees, the scale of the development was reduced, comprising removal of turbines from the SPA and from the land to the north and east of Leadhills. 3.5.38 Subsequently, as a consequence of the iterative EIA process, there has been a further twelve rounds of modifications to the design, to avoid or minimise environmental effects without compromising the overall design aims or deliverability of the project. These modifications have been made as a result of the findings of the baseline survey work and consultation with consultees and the public. The modifications were made in order to:  reduce visual prominence from closest settlements and residential properties, to avoid/minimise effects on residential visual amenity;  ensure the development complies with ETSU-R-97 noise limits (including cumulatively);  minimise effects on ornithology and ecology;  avoid known archaeological features,  avoid historic mining areas;  to minimise loss of woodland;  avoid land areas known to have instability risks;  avoid areas of relatively deeper peat;  minimise the number of onsite watercourse crossings and proximity to watercourses;  reflect a minimum 150m distance to the Southern Upland Way (equivalent to tip height based on the Scoping layout). 3.5.39 As explained in Chapter 3 of the ES, modifications have included the relocation and reduction in the number of turbines, amendments to the proposed turbine dimensions and the siting and relocation of access tracks and associated infrastructure. 3.5.40 The final design and scale of the Development has therefore been informed by a robust EIA and carefully considered design iteration process, taking into account potential environmental impacts and their effects as well as socio-economic considerations.

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Cumulative Impact 3.5.41 The second sub-heading in Policy IN2 is cumulative impact. Chapter 6 of the ES assesses the cumulative landscape and visual effects of the Development in detail and deals with likely combined, successive and sequential effects. 3.5.42 The cumulative assessment considered potential future scenarios with increasing levels of uncertainty (depending on the stage of each wind farm scheme in the planning system). The LVIA presents the first, most likely scenario (Scenario 1) that other wind farms considered are already present. 3.5.43 The cumulative assessment also considered a scenario which assumed that all consented schemes were present (Scenario 2), which, given that planning permission has been granted, development is likely to occur (although implementation is not definite). 3.5.44 The cumulative assessment also considered a scenario in which consented and application stage schemes were assumed to be present (Scenario 3). Given that there is no certainty that any or all of these schemes would be granted consent and be built, this is considered a less likely future scenario. 3.5.45 Significant cumulative effects were identified for the Southern Uplands landscape type within 15km of the Development, where the impression of the landscape type would change from one ‘with occasional wind farms’ (with Scenario 2 and Scenario 3 schemes) to one ‘with wind farms’. This is due to introduction of the Development as a large wind farm in an area of hills within the LCT that does not have wind farms. 3.5.46 Significant cumulative visual effects would occur where the Development increases the presence or spread of wind energy development in views, such as from hill tops and for Nithsdale, where the Development would be on the opposite side of the valley from most other wind farms, and further along the valley from Glenmuckloch and Lethans. The ES explains that this may create the sense of passing along a valley with wind farms on either side. 3.5.47 The ES explains that the main relationships between the Development and other wind farms in the surrounding area would be with the proposed Harryburn scheme and the group of wind farms to the south of Nithsdale, and in particular, with Twenty Shilling Hill. Impact on Local Communities 3.5.48 This criterion in Policy IN1 makes specific reference to matters of noise, shadow flicker and visual dominance and appropriate mitigation. 3.5.49 Chapter 6 of the ES assesses the visual effects of the Development. The ES explains that 24 viewpoints were selected across the wider study area to represent the experience of different types of receptor including local residents within the surrounding area (as well as road users, hill walkers and recreational users). 3.5.50 In addition, the Zone of Theoretical Visibility (“ZTV”) was used to identify which settlements would have potential visibility of the Development, and require assessment, and which could be scoped out because they will have no or limited views of the Development. The following settlements were considered in the assessment:  Wanlockhead;  Sanquhar;  Kirkconnel and Kelloholm;  Crawfordjohn;  Carronbridge and Thornhill;

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 New Cumnock. 3.5.51 Other settlements across the LVIA study area, including Leadhills, Crawford, Abington, Douglas and Glespin and more distant settlements were not predicted to be affected by a change in views (as represented by the ZTV) and therefore were not assessed further. 3.5.52 The ES highlighted that visibility from a settlement is often not uniform because views of the surrounding landscape from within settlements can be obscured by buildings, structures, trees and vegetation, and are often dependent on the orientation of windows and vistas along streets. The ES only identifies that significant visual effects would arise from parts of Wanlockhead. 3.5.53 Whilst the ES identifies that there would be some limited visual effects that may be significant in relation to residential properties, there are no habitable properties or settlements likely to experience an effect from the Development that could be considered ‘overbearing’ or ‘overwhelming’, to the extent that the property might widely become regarded to be an ‘unattractive place in which to live’7. 3.5.54 Change is not necessarily harmful and it is a long established planning principle that there is no right to a view from a property because there is a distinction between private views and those to be protected in the wider public interest. The basic question is whether the development would unacceptably affect living conditions enjoyed through the existing use of land or buildings, which ought to be protected in the public interest. Effects may be deemed significant and adverse but they do not have to be rendered harmless to be acceptable. 3.5.55 The potential relationship between residential properties and settlements in proximity to the turbines of the Development is not unusual when compared with other existing and consented wind farm developments within Scotland and throughout the UK. 3.5.56 Furthermore, it is not a matter of whether a property would become a “less attractive” place to live, but whether a particular property would become an “unattractive” place in which to live. The reason for not judging properties in terms of their relative attractiveness is because a very attractive and high amenity property may well be affected by a development proposal such that its attractiveness may be diminished, but it would still be regarded as a very attractive place in which to live, whereby the public interest is not engaged. This approach in terms of judging whether or not visual effects arising from a wind farm development in relation to residential amenity are acceptable or not, is not set out in planning policy or guidance, but is now generally followed by decision makers, including the Scottish Ministers. 3.5.57 It should also be noted that in the Scottish Government s.36 decision for the Afton Wind Farm in East Ayrshire (dated 17 October 2014) the Scottish Ministers set out (see page 7 of the Decision ) that “with regards to impacts on residential properties, Ministers agree with the assessment in the ES…… and consider that the development would not result in any over bearing visual effects on residential amenity to a degree that any property might be considered an unattractive place in which to live” (underlining added). 3.5.58 Having taken account of the relationship of the Development to individual properties and settlements, the potential effects on residential amenity as a result of the Development are considered to be acceptable. Living conditions would not be unacceptably affected and no habitable residential property would experience an effect such that it would be rendered an unattractive place in which to live.

7 The ES concludes that there would be one property which would experience an overbearing visual effect, however it is a property that is uninhabited and owned by the Applicant. The property would remain uninhabited for the lifetime of the Development.

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3.5.59 Moreover, there would be no significant or unacceptable effects with regard to matters such as shadow flicker8 and transport or noise and these are also matters specifically addressed in the ES. 3.5.60 Therefore, overall, the effects of the Development, in relation to residential amenity are considered to be acceptable. The Development is considered to be in accordance with policy IN2 with regard to potential impact on communities. Impact on Aviation and Defence Interests 3.5.61 Chapter 14 of the ES considers the effect of the Development on civil and military aviation interests as well as civil telecommunications interests. 3.5.62 In terms of aviation and defence, Lowther Hill radar station is located approximately 1.6km to the east of the Development Area (3.3km east of the nearest turbine – T14) and is one of the systems used by NATS En Route Plc (“NATS”) to ensure air safety. The Development Area is therefore within a NATS Primary Radar Safeguarding Area. 3.5.63 NATS has indicated that the Development would be visible to the Lowther Hill radar. Without mitigation, effects on Lowther Hill from the Development would be unacceptable. The Applicant, along with its appointed technical consultants, is currently in discussions with NATS to identify a potential solution for the effect to be mitigated to an acceptable level. This is a process which involves complex radar modelling and iterative discussions with the aim of arriving at a mutually agreeable solution. The Applicant will continue discussions with NATS in a constructive manner with the aim of reaching an agreed mitigation solution. 3.5.64 Prestwick Airport is approximately 46km north-west of the Development Area. The Airport was consulted following a request from the Civil Aviation Authority (“CAA”) to determine whether the Development would be within line-of-sight of its radar and therefore would have potential to cause interference with its radar. 3.5.65 More detailed modelling of visibility of the Development to Prestwick Airport has shown that the turbines would not be visible to its radar and that effects are unlikely. Based on this it is concluded that the effect of the Development on Prestwick Airport would be acceptable and that no mitigation will be required. Details of the more detailed modelling have been provided to Prestwick Airport who have confirmed that they have no objection to the Development. 3.5.66 The CAA highlighted the potential for unlicensed airfields to be within the vicinity of the Development Area however no airfields are located within the consultation zone (2km) for the proposed development. 3.5.67 The Ministry of Defence (“MoD”) responded at the scoping stage indicating that it did not anticipate that the Development would affect its operations, including in relation to the Eskdalemuir Seismic Monitoring Station (a matter specifically referred to in Policy IN2). To date, the MoD has not raised any concerns regarding the potential for the Development to affect its infrastructure. No unacceptable effects on defence interests are anticipated. 3.5.68 In terms of civil telecommunications interests, it is explained in the ES that following consultation with Ofcom, BT, EE and JRC, it was established that four telecommunication links cross the Development Area and may have the potential to be affected once the Development is operational. Two of these are

8 Shadow flicker is an effect that can occur when the shadow of a moving wind turbine blade passes over a small opening (e.g. a window), briefly reducing the intensity of light within the room, and causing a flickering to be perceived. Shadow flicker effects occur only within 130 degrees of north and within ten rotor diameters of a turbine (i.e. 1,200m in the case of the Development). There are two properties within 130 degrees of north and within 1,200m of the proposed turbines (known as Clackleith and Duntercleuch), both of which are owned by Buccleuch Estates and are unoccupied. Shadow flicker effects have therefore been scoped out of the EIA assessment.

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BT links; one of which connects Green Lowther radio station (approximately 2.7km east of the Development Area) to Todholes Hill radio station (approximately 5.4km west of the Development Area). The other connects Green Lowther radio station to Fingland Rig within the western side of the Development Area. Consultation with EE determined that mobile signals are transmitted via the Green Lowther and Todholes Hill radio stations. 3.5.69 JRC identified two Scottish Power radio links which pass through the Development Area. One of these is an Ultra High Frequency (“UHF”) telemetry link which connects Green Lowther radio station with Fauldhead substation, near Kirkconnel. The other is a point to point microwave which connects Green Lowther with Craigie Hill, near Prestwick. 3.5.70 The ES further explains that the Applicant is committed to ensuring that any interference caused by the Development on the UHF link is minimised. The Applicant will continue to engage with JRC following submission of the application for consent to establish the likelihood and extent for interference to occur and for a technical mitigation solution to be agreed if this is necessary. JRC has undertaken similar studies for other wind farm developers, which have resulted in mitigation proposals that have been agreed by all parties. Following the implementation of such mitigation, effects on the link operated by JRC would be acceptable. Other Impacts and Considerations 3.5.71 The last part of Policy IN2 refers to ‘other impacts and considerations’ and there is specific reference to the extent to which a proposal avoids or adequately resolves any other significant adverse impact including:- on the natural and historic environment, cultural heritage, biodiversity; forest and woodlands; and tourism and recreational interests. Each of these matters is considered below. The Historic Environment & Cultural Heritage

3.5.72 Chapter 10 of the ES addresses archaeological and cultural heritage matters. Detailed consideration has been given to the Archaeological Sensitive Area and Conservation Area of Wanlockhead. During construction of the Development and prior to mitigation, it is predicted that there could be a significant direct effect (minor to moderate) on cultural heritage assets Nos. 5, 7, 53 and 77 as a result of track construction. This effect would be minor and therefore not significant following the implementation of proposed mitigation such as the employment of a watching brief, marking off of assets and keeping crossing of assets 53 and 77 to a minimum – all of which can be secured by way of standard planning conditions. 3.5.73 The ES also identifies that there could also be a significant (minor/moderate) direct effect on unrecorded, buried archaeological remains within areas affected by construction works. However, taking account of the moderate or low archaeological potential and the proposed mitigation into account, the effects would not be significant (no more than minor). 3.5.74 The ES adds that whilst the iterative design and EIA process has played a key role in minimising effects on cultural heritage assets, it has not always been possible to relocate turbines outwith the setting of all assets whilst also addressing all other design constraints. Therefore, it is considered that there could be significant moderate residual effects on the setting of Cogshead Farmstead (asset 8) and Auchengruith Cross Scheduled Monument (SM678) during the operational phase of the Development. The effects in relation to the Scheduled Monument would not however affect the integrity of its setting for the purposes of paragraph 145 of SPP.

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Biodiversity & Nature Conservation

3.5.75 Chapter 9 of the ES addresses ornithology. It identifies that there would, following mitigation, only be very limited effects on ornithological interests. In summary, during construction of the Development and in the absence of mitigation, it is predicted that there would be significant (moderate) effects on black grouse, hen harrier, merlin and short-eared owl as a result of potential disturbance or habitat loss. These effects would however be reduced to minor and not significant following the implementation of the proposed mitigation measures as set out in the ES. 3.5.76 Chapter 8 of the ES addresses ecology. It explains that the habitat surveys undertaken for the EIA indicate that the Development Area is generally dominated by low conservation value mire, grassland and heath communities. Areas of semi-natural woodland are scarce within the Development Area and are mainly restricted to small fragments, often within gullies or near watercourses. Woodland within the Development Area consists mostly of commercial conifer plantation. 3.5.77 Protected species surveys reported in the ES indicate that the site may be used, at least periodically, by otter and badger. Incidental records were also made of common lizard and salmonids were recorded during fish surveys. Five species of bat were recorded during dedicated spatial and temporal bat surveys, but no other protected species were recorded. 3.5.78 The ES explains that it was possible to scope out most species and habitats recorded in the ES study area from the assessment by virtue of their absence from the Development Area, their low conservation value, the type and frequency of presence or the negligible scale of potential effects. 3.5.79 Potential construction effects on wet modified bog and blanket bog as well as dry dwarf shrub heath were assessed. The main effect was identified as direct habitat loss due to land take for infrastructure. Habitat losses would however be small and no significant effects were predicted. 3.5.80 The potential effects on bat activity were also scoped into the EIA assessment. No significant construction effects due to disturbance or displacement are predicted for bats. In addition, no significant operational effects due to collision risk are predicted for bats. 3.5.81 No significant effects are predicted upon important ecological features9 as a result of the Development. Additionally, the ES explains (Chapter 4) that an Outline Conservation Management Plan (“OCMP”) has been prepared based on the findings of ES Chapter 8: Ecology and Chapter 9: Ornithology. 3.5.82 The ecological surveys identified that much of the Development Area is in sub-optimal condition and a large proportion of the area surveyed shows evidence of extensive anthropogenic influences. As such, the ES identifies that there is scope for widespread habitat enhancement which could be tailored to benefit birds, particularly raptors and waders. 3.5.83 Two distinct elements of the OCMP are proposed, one focussed on habitat enhancement measures within the Development Area and one involving the provision of funding to deliver a regional Project Officer. Proposals for management measures within the Development Area include management of wet modified bog and blanket bog, management of dry heath, and management of riparian woodland, including planting of up to 297 ha of native riparian planting (further referred to below). The Project Officer role would be funded for 10 years by NLEI Ltd, with their work guided by an advisory board made up of key stakeholders in relation to Hen Harrier Conservation and land management. Whilst the scope of the officer would be flexible to ensure they are able to adapt to changes in the requirements of the role, it is expected that it will involve monitoring, research, implementation of management plans and

9 Those ecological features potentially affected by the Development and deemed to be of local, regional, national and international importance are termed 'Important Ecological Features’ (“IEFs") in Chapter 8 of the ES.

North Lowther Energy Initiative Planning Statement

education and engagement. The key benefit of this long term programme will be an enhanced understanding of the population dynamics of the hen harrier population breeding and wintering in Southern Scotland. Forestry & Woodlands

3.5.84 Chapter 4 of the ES states that there are 474.42 ha of predominantly Sitka spruce dominated commercial woodlands within the Development Area, currently managed under a Forestry Commission approved Forest Plan, which has been used as a baseline against which to assess the changes and associated impacts arising from the Development. 3.5.85 The proposals for felling and replanting to accommodate the Development were designed in consultation with Forestry Commission Scotland (“FCS”) and Buccleuch Estates. The wind farm Forest Plan has followed the felling and replanting proposals within the Baseline Forest Plan as closely as possible, to minimise the impact on woodland. The diverse age classes and wind-firm boundaries of woodland established through the restructuring process allowed for minimal disturbance, without the need for extensive additional felling to accommodate key-hole felling for turbines. 3.5.86 Chapter 3 of the ES explains that forestry was considered throughout the development design process to seek to minimise loss of woodland and maximise opportunities to improve the woodland mix across the Development Area i.e. to increase the percentage of native species. Forestry related design considerations included:  locating turbines in areas where the potential for woodland removal is minimised based on the existing Forest Plan e.g. areas of open ground/close to upper tree lines;  locating near to existing forest roads and rides to reduce crop loss to infrastructure;  key-holing turbines into crops where there would be least requirement for wind resource felling based on the current forestry felling phases (in young crops or in compartments due to be felled imminently);  reducing key-hole requirements to accommodate turbines and associated bat protection zones;  accounting for topography to minimise crop keyhole requirements;  retention of woodland canopies in close proximity to turbines; 3.5.87 The resulting woodland felling and replanting proposals (as detailed in Chapter 4 of the ES) were developed in line with discussions with FCS. They balance a range of factors, including consultee feedback, tree heights and age structure over time, as well as landscape and topography at individual turbine locations, while minimising impacts on felling and replanting plans in the approved Forest Plan and ultimately limiting the requirement for woodland removal. 3.5.88 By working closely with the existing forest structure and Baseline Forest Plan, the Development has been designed to minimise impacts on the existing forest. The ES contains a summary of the areas of felling and replanting required to construct and operate the Development and for which consent is being sought as follows:  Felling approval for 69.11 ha of commercial forest to accommodate construction of the Development and associated infrastructure as detailed in the Wind Farm Felling Plan;  Felling approval to be conditioned on replanting 32.50 ha of woodland as detailed in the Wind Farm Replanting Plan;  Delivery of compensatory planting extending to a minimum of 36.61 ha (balance between felling and replanting) as detailed in the Compensatory Planting Plan; and

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 Subject to consenting of the Development, approval will be sought for a new Forest Plan through the standard FCS process to implement the actions as per the Wind Farm Forest Plan including amended phasing and replanting detailed in the Wind Farm Forest Plan. 3.5.89 In addition, it is explained in the ES that three indicative woodland search areas are proposed, within which up to 297 ha of native riparian planting are proposed as part of the Development. Part of this area would include the 36.61 ha Compensatory Planting Obligation. The remaining area will represent new woodland cover, resulting in a significant net expansion in woodland as a result of the Development. Tourism & Recreational Interests

3.5.90 Chapter 13 of the ES addresses tourism and recreational matters (as well as wider socio-economic effects of the Development). 3.5.91 The ES considers the tourism economy and recreational assets in Dumfries and Galloway, South Lanarkshire in the context of the Development Area. Reference is made to the main tourist attractions in the area surrounding the Development including the Museum of Lead Mining, which also includes the Miners' Library and the Leadhills to Wanlockhead Railway. 3.5.92 Other leisure and tourist attractions in the area include the Lowther Hills Ski Club, the Crawick Multiverse, a landscape art installation on the Duke of Buccleuch's Queensbury Estate, which aims to explain scientific theory through landscape; the Tolbooth Museum, which provides a history of the town of Sanquhar; and the Leadhills Golf Course and Sanquhar Golf Course. To the south of the Development Area, near Thornhill, are Morton Castle and Drumlanrig Castle: both owned by Buccleuch Estates and which are 10-15 km from the Development. 3.5.93 The Southern Upland Way (“SUW”) is a 341 km (approximately 212 miles) route that begins at Portpatrick on the Atlantic coast and crosses to Cove and Cockburnspath on the North Sea coast. The route is mainly located in Dumfries and Galloway, and the Scottish Borders, with a small section in South Lanarkshire. As explained earlier, part of the SUW, Stage 5, passes through the Development Area. 3.5.94 There are also core paths which pass through the Development Area. These include path 108, which branches off from the SUW, connecting Bogg to Auchentaggart Moor in the site's south-west. Additionally, path 110, which connects Mossholm to Wanlock Water, passes through the Development Area in the west. Furthermore, there is a right of way, DN10, and a Scottish hill track that pass through the Development Area, as well as Coffin Road. 3.5.95 The ES also makes reference to and considers accommodation providers. 3.5.96 The ES explains that during the construction stage as the SUW passes through the Development Area there would be some disruption, including to the Core Paths and right of way in the area, which could have a moderate impact. Significant efforts would be made to reduce this disruption, and the Applicant has committed to keeping a route on the SUW open between Sanquhar and Wanlockhead during the construction period. Access to the SUW would be unaffected once the Development is operational. 3.5.97 The delivery of this would be agreed through the commitment to provide an Access Plan should the proposed development be consented. This would be agreed with relevant stakeholders. The Development would not the first site to be constructed in close proximity to the SUW, and continued access to the route has been maintained at other developments during the construction phase e.g. Kilgallioch through the implementation of controlled crossing points to ensure that health and safety is not compromised. Once the Development is implemented the impact would be reduced to a minor impact.

North Lowther Energy Initiative Planning Statement

3.5.98 The Applicant is also expecting that through the tracks that will be built as part of the Development access to the Development Area would be improved for a variety of recreational uses including walkers, cyclists and horse riders. This is expected to have a positive impact. 3.5.99 The ES (Chapter 13) also addresses the available evidence in relation to wind farms and tourism. In summary, it states that overall, there is no research evidence that shows that fears of negative effects on the tourism economy in Scotland as a result of wind farms have been realised when the wind farms have been developed. Within that overall context, the assessment in the ES nevertheless considers whether there might be any specific impacts on individual tourism assets. The assessment considers whether the Development could results in changes that could lead to changes in the behaviour of tourists that might result in effects on the tourism economy. 3.5.100 The ES concludes that based on this analysis of local tourism and recreational assets, and with reference to broader evidence on the link between wind farms and tourism, it has been assessed that the potential impact on the local tourism economy will only be Minor.

The extent to which the proposal addresses physical site constraints and appropriate provision for decommissioning and restoration.

3.5.101 The design and EIA process overall has taken into account physical site constraints and opportunities. Chapter 3 of the ES entitled ‘Site Selection and Design Strategy’ summarises the approach taken. The Chapter also refers to site specific design principles and states that following the identification of constraints and key issues identified through the EIA process and consultation, site specific design principles were identified and applied as part of the iterative design process. These included:  To avoid on-site constraints, including hydrology, ecology, ornithology, archaeology, topography and other technical constraints.  To consider the underlying topography of the Development Area and elevated plateaux of the Southern Uplands.  Ensure turbines are located on ridges avoiding the steep sloping valleys which dissect the uplands.  To improve the appearance of the Development when seen from the wider area, but in particular from key locations including: – Crawick Multiverse; – Wanlockhead; – the B740; – Sanquhar and Nithsdale; and – Mennock Pass.  To increase set-back from B740 valley to avoid the potential for visual dominance of turbines from the road and properties along it.  To minimise visibility from Wanlockhead (all viewpoints, but particularly focussing on the museum viewpoint – VP03, which is considered to be at the centre of the village).  To increase the setback from the Southern Upland Way (“SUW”) to at least 150m.  To consider the cumulative scenarios and reduce the overall visibility of the Development with other schemes from key viewpoints.

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3.5.102 Chapter 4 of the ES also describes specific site constraints. It states that the final layout as presented in the ES takes into account the design aspirations outlined above. A number of technical and environmental constraints have also been considered in the iterative design process including:  ornithology (breeding sites and flight activity);  distance to watercourses;  presence of recreational routes (including the SUW);  proximity to residential properties (in relation to noise and residential visual amenity);  geological conditions (including peat and areas of previous mining activity);  topography (including slope angles and potential for land instability);  telecommunication infrastructure; and  archaeology. 3.5.103 It is considered therefore that appropriate regard has been had not only to site specific physical constraints, but to wider sub-regional constraints and opportunities. 3.5.104 This criterion of Policy IN2 also requires consideration of whether there has been appropriate provision for decommissioning and restoration. 3.5.105 Chapter 4 of the ES addresses site restoration post construction. It describes the approach that would be taken to site restoration and reinstatement. Detail is provided in relation to the restoration approach to site tracks, turbine bases and crane hard-standings and temporary construction compounds. This is a matter that can be secured by way of a standard planning condition. 3.5.106 Chapter 4 of the ES also addresses the matter of decommissioning. It explains that the operational lifespan of the Development and associated infrastructure would be 25 years. Following this, an application may be submitted to retain or replace the turbines, or they could be decommissioned. Decommissioning would involve the following:  dismantling and removal of wind turbines and electrical equipment;  restoration of the turbine areas and hard-standings; and  demolition and removal of control building and compound. 3.5.107 Turbine components and electrical equipment would be dismantled and removed in a similar fashion to their delivery and erection. Appendix (4.3) of the ES sets out a draft Construction and Decommissioning Environmental Management Plan, which contains an outline decommissioning strategy. This commits to updating and preparing a final Decommissioning Environmental Management Plan as part of the final Decommissioning Strategy to ensure that good practice is adopted during the decommissioning phase. 3.5.108 The ES estimates that the decommissioning period for the Development would be approximately 18 months. Again, decommissioning is a matter that can be secured by way of a standard planning condition. 3.5.109 Overall, the Development is considered to be in accordance with Policy IN2, Part 1.

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3.5.110 LDP Policy IN2 ‘Wind Energy’, Part 2, states: Part 2: Spatial Framework

The considerations in Part 1 above will be applied in the context of the following Spatial Framework*:

 Areas of Greatest Potential (1): areas free from significant constraint where proposals for large and medium turbine typologies will be supported subject to detailed assessment.  Areas of Significant Protection (2): Areas where a presumption against development applies due to significant constraints. These include: 1. Sites designated for their national or international landscape or natural heritage value where Policies NE1, NE3, NE4 and NE5 also apply.

2. Areas where the cumulative impact of existing and consented windfarms limit further development.

• Cumulative Sensitivity Zones (3): Areas where cumulative impact is a potential constraint. In these areas proposals should: address potential future cumulative impact and avoid unacceptable coalescence between clusters of windfarms to retain an acceptable and coherent pattern of windfarm development.

• All other areas (4): Areas where potential constraints apply but with potential for mitigation. Wind energy proposals will be assessed against all the considerations set out above in Part 1. For Regional Scenic Areas the proposal should assess the potential impact on the objectives of the designation and demonstrate the extent to which these can be addressed.

(1) - (4) The relevant mapping of these areas including an updated and consolidated spatial framework map is to be included within supplementary guidance.

*The following Interim Spatial Framework Maps provide some strategic guidance on the relevant areas but must be read in conjunction with paragraphs 4.94 and 4.95 above and the relevant detailed mapping to be included in supplementary guidance. This mapping will be consolidated and revised to provide an updated spatial framework within the LDP at the earliest possible opportunity”.

3.5.111 Policy IN2, Part 2, sets out an approach to Spatial Framework preparation that is now contrary to Scottish Planning Policy (“SPP”). Paragraph 4.94 of the LDP states: “The Examination of this plan recognised that the spatial framework was based on a significant evidence base and sought to reflect local circumstances and priorities. However, some refinement of the associated mapping is required to address compliance with SPP in relation to:-  Areas of greatest potential: The spatial framework currently removes areas of high and medium local landscape sensitivity from inclusion. This approach should be revised in accordance with SPP.  Areas of significant protection; these should be revised in accordance with SPP to include sites designated for their national or international landscape or natural heritage value and areas where the cumulative impact of existing and consenting wind farms limits further development.  Cumulative sensitivity zones; these should be redefined as a potential constraint with revised mapping to focus on cumulative impact considerations with regard to preventing future coalescence between clusters of wind farms and the maintenance of an acceptable and coherent pattern of wind farm development.  Other area; retains but with amendment to reflect all the revisions outlined above”.

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3.5.112 The LDP continues at paragraph 4.95 and states that whilst the original Spatial Framework mapping is retained, it is labelled “Interim Spatial Framework Guidance”. The LDP states that “it provides guidance but will be replaced by a revised mapping to be approved through supplementary guidance. Review of this interim spatial framework mapping is required to ensure consistency with SPP. This will be addressed initially through approval of supplementary guidance and brought into the LDP at the earliest opportunity”. Therefore, to resolve the policy’s inconsistency with the LDP, DGC is to review the Spatial Framework as part of the Main Issues Report for the next LDP. 3.5.113 Given the view expressed by the Scottish Government on the Council’s Spatial Framework, it is considered that only limited weight should be placed on Policy IN2, Part 2, i.e. given the approach is contrary to SPP. For example, the intention of the second bullet point within Part 2 is to map “areas where the cumulative impact of existing and consenting wind farms limits further development”, and to incorporate this as a factor informing “Areas of Significant Protection”. This would be entirely inconsistent with the “Group 2: Areas of Significant Protection” scope as per SPP, Table 1’ Spatial Frameworks’. The Development has therefore not been assessed against the former SPP approach – as set out in Part 2 of Policy IN2. In contrast, the Spatial Framework approach as set out in SPP has been applied and the site sits in a Group 2 location. This is further addressed at Section 4.3 below. 3.6 Supplementary Guidance – Part 1 3.6.1 The SG in the form of ‘Part 1 Wind Energy Development: Development Management Considerations’ was adopted in March 2015. The SG expands upon LDP Policies IN1 and IN2 which have been addressed above. 3.6.2 Section 3 of the document sets out ‘development management considerations’. Paragraph 3.3 of the SG states that in considering development proposals “the planning authority will make an assessment for balancing all applicable factors outlined below and considering against all relevant policies contained within the LDP”. In summary, the factors relate to:-  Landscape and visual amenity – specific reference is made to the DGWLCS and the SG states that potential wind energy developments will be required to demonstrate how they have taken account of and responded to the assessments and guidance, and reflected the specific landscape and visual issues associated with a particular site to minimise detrimental impacts. This matter has already been addressed above in relation to Policy IN2.  Cumulative impacts and landscape and visual amenity – these matters have also been addressed above in the context of Policy IN2.  Design of proposals – siting, design, layout, form and colour – design matters have been taken account of with regard to Policy IN2.  Effects on local amenity and communities – this section covers matters such as noise, shadow flicker and visual dominance and these topics have been addressed above.  Tourism and recreational interests – this section of the SG explains, inter alia, that in assessing proposals, the relative scale of recreation and tourism facilities in an area should be taken into account. Such an assessment is provided in Chapter 13 of the ES.  Reference is also made in this section of the SG to specific tourist interests including the SUW and other routes. The ES and LVIA have addressed this long distance walking route as well as other tourism related interests within the EIA study area as explained in the section above. 3.6.3 The other parts of this section of the SG relate to matters such as cultural heritage, biodiversity and other topics which are assessed below in the context of the relevant development assessment policies. Overall, the SG provides some additional detail and guidance beyond what is contained within Policies IN1 and IN2 of the LDP, albeit the SG does not change the focus of policies IN1 and IN2, nor their

North Lowther Energy Initiative Planning Statement

respective policy tests. The Development is considered to be consistent with the relevant development management considerations within the SG. 3.6.4 The policy approach within the SG relates more to providing additional guidance on matters to be taken account of in project appraisals, rather than providing specific additional development management tests beyond what is already contained within the relevant policies of the LDP. 3.6.5 Notably, at the present time, the SG is only partly complete given the Spatial Framework is currently under full review and has recently been the subject of public consultation. 3.7 The Approach to Landscape Capacity Studies 3.7.1 It needs to be recognised that wind farm development sites are often found to be acceptable to decision makers, regardless of site suitability not being identified within strategic landscape capacity studies (“LCS”) such as the DGWLCS, which is referred to in Part 1 of Policy IN2. It is clear that, whilst the advice on landscape sensitivity contained in capacity studies needs to be considered as a starting point, careful examination of specific sites by decision makers on a case by case basis can often lead to findings which are not consistent with the sometimes overly prescriptive recommendations in such strategic studies. 3.7.2 Examples include the Sorbie and Dersalloch Wind Farm cases. It is the approaches taken by the decision makers (as opposed to the particular facts of the cases)that are of most relevance. They are also relatively recent Scottish Minister decisions. 3.7.3 Sorbie Wind Farm involved a called-in planning application in which the Ministers recently issued an ‘intentions letter’ dated 28 September 2015 to grant planning permission for three turbines. The relevant studies are the: North Ayrshire ‘phase one’ and ‘phase two’ LCS reports published 2009; and North, East and South Ayrshire LCS reports published in July 2013. The site in question was located within ‘Rugged Moorland LCT’ – where there is a high sensitivity to large turbines, and “no scope” for large typology turbines. 3.7.4 In his Report to the Ministers (dated 3 September 2015) the Reporter agreed with the assessment presented in the LCS, i.e. the site was of high sensitivity, and the proposal did not therefore comply with the relevant policy criterion (para 6.26), and therefore does not comply with the Development Plan. However he accepted that the proposal “is appropriate in design and scale to its surroundings” in terms of another policy criterion. He also concluded “Greater weight should be attached to a site specific landscape and visual impact assessment compared to a strategic level landscape capacity study”. Overall, the Reporter found that the proposal “would have acceptable landscape and visual impacts” (para 6.82). 3.7.5 Another example is the consent for the Dersalloch Wind Farm in East Ayrshire. The site was within an area identified in the East Ayrshire Landscape Wind Capacity Study (“EALWCS”) as an area having no capacity for turbines of greater than 70m in height. Despite submissions from East Ayrshire Council that the proposal should be refused because there was no capacity for turbines of greater than 70m, the Scottish Ministers granted consent for 16 turbines of 125m to tip and 7 turbines of 115m to tip. 3.7.6 The Kirk Hill Wind Farm (16 February 2017) is a further example where the Reporter attached limited weight to the conclusions of the relevant LCS in favour of a site specific assessment. The Reporter stated at paragraph 10 of the decision: “The planning authority contends that the development cannot be accommodated in the landscape in a manner that would respect its main features and character, and consequently it would have a significant adverse impact, contrary to the provisions of the LDP and associated guidance. Scottish Natural Heritage (SNH) has not objected to the development, but has raised concerns in regard to the

North Lowther Energy Initiative Planning Statement

landscape impacts of the proposal, which it considers would be regional in scale and would not reflect the established pattern of such developments in the area. A review of the relative sensitivity of landscape character types, as provided by the landscape wind capacity study, is helpful in the assessment of a wind farm proposal’s landscape impacts, as required by the development plan’s wind energy policy; it assists by identifying key characteristics of each landscape character type and their sensitivity to a range of wind turbine sizes. Beyond this, I attach limited weight to the conclusions drawn by the capacity study in regard to the capacity of each landscape character type to accommodate development. It would be unjustifiably simplistic to draw any conclusions on acceptability of wind turbine developments (which the capacity study attempts for each character type), in the absence of a full assessment of proposals on a case-by-case basis. To do so would be inconsistent with the spatial framework for wind farms set out in Table 1 of SPP, and as reflected in the local development plan”. 3.7.7 Finally, the Reporter’s reasoning in the Larbrax Wind Farm decision (of particular relevance given the case involved a wind farm in the DGC area) deals with DGWLCS. In paragraphs 25 and 26 of the Decision Notice, the Reporter stated: “the [Dumfries and Galloway Landscape Wind Farm Capacity Study (DGLWCS) 2011] finds that there are no remaining sites within the peninsula on which to develop a wind farm that have the appropriate landscape attributes (an open, extensive upland plateau) as are found at the site on which the existing North Rhins wind farm was developed. The authority concludes that the development would be out of scale and character with the small-scale landscape of the appeal site and contrary to the DGLWCS.

The DGLWCS is a useful indicator of the relative ease with which a particular landscape might accommodate a particular type of wind farm. However, it is no substitute for a site and proposal-specific assessment of landscape and visual effects, as has been carried out by the appellant, or the development-specific analysis that has been carried out in response to this proposal by the planning authority and SNH. The fact that the DGLWCS effectively rules out the possibility of developing a wind farm of the scale proposed anywhere within the Rhins peninsula is a material consideration, but in no way obliges me to dismiss this appeal”.

3.7.8 The point of referring to these decisions is simply to emphasise the fact that Landscape Capacity Studies are not a suitable basis for individual decisions on whether or not a particular landscape has capacity to accept further development, and they have not been used as such by Ministers. The judgement of whether there is capacity requires a site specific assessment and a consideration of all relevant factors in the overall planning balance to allow a decision on what is and what is not acceptable. 3.7.9 In terms of the Development, the ES explains that the topography and nature of the site is such that it is considered a wind farm can be successfully accommodated, and that there is landscape capacity for the scale of development proposed.

North Lowther Energy Initiative Planning Statement

3.8 Other Landscape Policies in the LDP 3.8.1 Beyond Policies IN1 and IN2, other landscape related policies of relevance include Policies HE6, NE1 and NE2. 3.8.2 Policy HE6 ‘Gardens and Designed Landscapes’ states: “a) The Council will support development that protects or enhances the significant elements, specific qualities, character, integrity and setting, including key views to and from, gardens and designed landscapes included in the Inventory of Gardens and Designed Landscapes or the Non-Inventory List. In considering development proposals the Council will need to be satisfied that:  the development protects or enhances the significant elements of the garden or landscape in-situ; and  due consideration has been given to the significance and value of the asset in relation to the long-term benefit and specific need for the development in the location proposed. b) Developers will be required to submit the results of an assessment of the impact of their proposals on the sites and their settings plus details of any potential mitigation measures. c) Proposals that would have a detrimental effect on the specific quality, character or integrity of a garden or designed landscape will not be approved unless it is demonstrated that the proposal has benefits of overriding public interest. Boundaries are shown on the proposals maps”. 3.8.3 The ES explains that no Historic Gardens and Designed Landscapes (“HGDLs”) would be significantly affected (either directly or indirectly) by the Development. The Development is therefore in accordance with Policy HE6. 3.8.4 Policy NE1 ‘National Scenic Areas’ states: “Development within or that would have an effect on a National Scenic Area (NSA) should only be permitted where:  it will not adversely affect the integrity of the area or the qualities for which it has been designated; or  any such adverse effects are clearly outweighed by social, environmental or economic benefits of national importance. Further guidance is contained within the NSA management strategies. Boundaries of NSAs are shown on the proposals maps”. 3.8.5 As explained in Chapter 6 of the ES, the Development is not located within an NSA and, due to the separation distance to the nearest NSA (Upper Tweeddale c.28km to the north-east of the Development Area), it would not have an adverse effect on NSA designations. The Development is therefore in accordance with Policy NE1. 3.8.6 Policy NE2 ‘Regional Scenic Areas’ states: “The siting and design of development within a Regional Scenic Area should respect the special qualities of the area. Development within, or which affects Regional Scenic Areas (RSAs), may be supported where the local Council is satisfied that:  the landscape character and scenic interest for which the area has been designated would not be significantly adversely affected; or  there is a specific need for the development at that location which could not be located in a less sensitive area. Boundaries of RSAs are shown on the proposals maps”.

North Lowther Energy Initiative Planning Statement

3.8.7 As explained in Chapter 6 of the ES and as referred to in section 3.6 above, the Development Area lies partly within the Thornhill Uplands RSA, and adjacent to the Leadhills and Lowther Hills SLA (no elements of the Development lie within the SLA which is in the South Lanarkshire Council area). 3.8.8 The ES identifies that the significant effects of the Development on the Southern Uplands LCT and Upland Glens LCT and from a number of viewpoints within 10km of the Development would introduce significant landscape effects for the northern part of the Thornhill Uplands RSA. 3.8.9 The Leadhills and Lowther Hills SLA is contiguous with the Thornhill Uplands RSA. The ES explains that given that there are likely to be significant effects on the Southern Uplands LCT for the area north-west of Leadhills which lie within the SLA and from several viewpoints within the SLA. 3.8.10 There would therefore be some significant adverse effects on an RSA. This indicates that the Council “may not support” a development. However, as noted above, the lead policies that apply in this case (IN1 and IN2) require a judgment to be made on the acceptability of any given development and moreover, require a planning balance to be struck, taking into account all relevant benefits. Whilst there is therefore a tension with Policy NE2 it should be afforded less weight than the lead policies. 3.9 Peat and Carbon Rich Soil 3.9.1 Chapter 3 of the ES ‘Site Selection and Design Strategy’ addresses carbon rich soil and peat. Chapter 4 of the ES ‘Scheme Description’ also addresses peat management. The relevant policies include: 3.9.2 Policy ED16 ‘Protection and Restoration of Peat Disposals as Carbon Sinks’ which states: “The role of natural carbon sinks in retaining carbon dioxide will be maintained by safeguarding and protecting those peat deposits not already designated for habitat conservation reasons and by considering the likely balance between gain and loss should other high carbon content soils be subject to proposed developments or other land use change. The Council will support peatland restoration, including rewetting. Development affecting peat deposits not already designated for habitat conservation reasons may be permitted in the following circumstances. (a) In areas of degraded peatland where all of the following apply.  The deposits have been significantly damaged by human activity.  The conservation value is low.  Restoration to functioning peatland is not possible. In all cases, appropriate site restoration measures will be required. (b) Where renewable energy generating development is proposed and it can be demonstrated (in accordance with the Scottish Government’s ‘carbon calculator’ or other equivalent independent evidence) that the balance of advantage in terms of climate change mitigation lies with the energy generation proposal …”. 3.9.3 The ES explains that small areas within the Development Area are highlighted as “carbon rich soils, deep peat and priority peatland” using SNH’s broad brush national dataset. On this basis, these areas would be within Group 2: ‘Areas Requiring Significant Protection’ for the purposes of SPP. However, following the site specific surveys of peat, and the response of the design of the development to these findings, the proposed development components are not within any areas of deep peat or priority peatlands such that it should be considered to be a Group 2 area. On the basis of the SPP classifications and the work undertaken on during the design process, the Development Area is

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considered to have the properties of a site within Group 3: ‘Areas with potential for wind farm development’10. 3.9.4 The extensive peat depth surveys undertaken show that the coverage of deep peat in the Development Area is very limited, with the majority of peat probes recording depths <0.5 m, which is not defined as deep peat. The average depth of all probes taken across the site is 0.44 m. 3.9.5 Whilst the Development has been designed to minimise disturbance to peatland, it has not been possible to avoid areas of peatland entirely. Consequently, a Soil and Peat Management Plan (“SPMP”) is presented in the ES and includes the following information:  estimation of the volume of soil and peat likely to be excavated during construction;  identification of opportunities to minimise excavation volumes;  options for on-site reuse of excavated material; and  good practice methods to be employed in relation to handling and storage of excavated soil and peat. 3.9.6 Adherence to the SPMP would ensure that excavated soil and peat is appropriately managed and reused on-site. It is anticipated that all excavated peat can be reused within the site for reinstatement of ground, at both the point of excavation as well as in the landscaping of track shoulders and hard- standings. Prior to construction and on completion of ground investigations and micro-siting, the SPMP would be refined and agreed with SEPA and SNH. 3.9.7 Furthermore, in accordance with Scottish Government guidance, the Development has been designed to avoid peat landslide hazard. A Peat Stability Assessment has been carried out and a copy of the report is included in the ES. 3.9.8 Part b) of the policy is particularly relevant. Given all of the above and the position as set out in the ES that no significant effects on peat are predicted, the “balance of advantage” is considered to lie with the Development: as a result, the Development is considered to be in accordance with Policy ED16. 3.10 Cultural Heritage and Archaeology 3.10.1 Cultural heritage and archaeology matters have been addressed in detail in the context of Policy IN2 above and the appraisal is not repeated. Other relevant LDP policies include policies HE1 ‘Listed Buildings’, Policy HE2 ‘Conservation Areas’, Policy HE3 ‘Archaeology’ and Policy HE4 ‘Archaeologically Sensitive Areas’. Policy HE1 has a focus very much on changes to Listed Buildings and use of materials. The other policies are as follows: 3.10.2 Policy HE2: ‘Conservation Areas’ states: “The Council will support development within or adjacent to a conservation area that preserves or enhances the character and appearance of the area and is consistent with any relevant conservation area appraisal. In considering such development the Council will need to be satisfied that inter alia: new development as well as alterations or other redevelopment of buildings preserves or enhances the character, appearance or setting of the conservation area through the appropriate design, use of materials, detailing, scale and general massing and arrangement of such development;

10 Development would not take place within any other areas of significant protection as no infrastructure is proposed to be located within a national or international designated area or an area of Wild Land and the layout has addressed the issue of community separation (greater than 2km from cities, towns and villages identified in the LDP.

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the quality of views within, from and into the conservation area will be maintained or enhanced.”

3.10.3 Policy HE3: ‘Archaeology’ states: “The Council will support development that protects significant archaeological and historic assets, and the wider historic environment from adverse effects”.

3.10.4 Policy HE4: ‘Archaeological Sensitive Areas’ states: “The Council will support development that safeguards the character, archaeological interest and setting of Archaeological Sensitive Areas (ASAs) as designated by the Council”.

3.10.5 The LDP notes that in some parts of Dumfries and Galloway, the archaeological interest is not confined to a particular site but extends over a large area. The LDP further states that in order to highlight to potential developers of large scale projects, such as wind farms, mineral extraction or forestry, that there is a particular need to consider these extensive archaeological interests and issues that might arise from their proposals at an early stage. Archaeological Sensitive Areas (“ASAs”) have been designated by the Council and are taken into account in the EIA, especially in the context of Wanlockhead and its associated Conservation Area. 3.10.6 No conflict is identified with these policies and again, the lead policies that apply in this case (namely Policies IN1 and IN2) require a judgment to be made on the acceptability of any given development and moreover, require a planning balance to be struck, taking into account all relevant benefits. 3.11 Ornithology and Nature Conservation 3.11.1 Ornithology and nature conservation matters have also been addressed in detail in the context of Policy IN2 above and the appraisal is not repeated. Other relevant LDP policies include policies NE4 ‘Species of International Importance’ and NE5 ‘Sites of National Importance for Biodiversity and Geodiversity’. No conflict is identified with these policies and again, the lead policies that apply in this case (namely Policies IN1 and IN2) require a judgment to be made on the acceptability of any given development and moreover, require a planning balance to be struck, taking into account all relevant benefits. 3.12 Forestry 3.12.1 The topic of forestry has been addressed in detail in the context of Policy IN2 above. Other relevant LDP policies on this topic include the following: 3.12.2 Policy NE6 ‘Forestry and Woodland’ states: “The Council will support the creation and protection of sensitively designed and managed forests and woodlands.

Proposals should seek to ensure that ancient and semi-natural woodlands and other woodlands with high nature conservation value are protected and enhanced.

In determining its response to individual forestry felling, planting and replanting consultations where Forestry Commission Scotland are the determining authority, the Council will:

 take into account environmental and other interests identified in the Forestry and Woodland Strategy;

 consider the scheme’s location as set out in the Forestry and Woodland Strategy;

 seek to ensure an appropriate balance between both afforested and unafforested areas in the locality;

 encourage planting of a type, scale, design, age, composition and species mix that is appropriate to the locality;

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 actively encourage proposals to have a positive effect on nature conservation and/or natural and historic environment interest;

 encourage proposals to take account of possible recreational use in the design of any planting schemes and indicate how such recreational uses have been investigated; and

 ensure that proposals do not have an adverse impact on the road network”.

3.12.3 Policy NE7 ‘Trees and Development’ states: “In assessing development proposals the Council will support proposals that promote additional tree planting and also:

 maintain trees, woodlands (in particular ancient and semi-natural woodlands), and hedgerows (hereafter referred to as the ‘woodland resource’) and require developers to incorporate, wherever feasible, the existing woodland resource into their schemes;

 appropriately incorporate the woodland resource into the overall design of the scheme;

 show how existing trees will be appropriately protected during the construction period.

If it is demonstrated to the satisfaction of the local Council that it is not possible to retain the woodland resource then an appropriate replacement planting will be required and agreed by the Council. Any such replacement planting scheme should be located where possible within the region and follow guidance contained within the Forestry and Woodland Strategy. This strategy is a relevant consideration for all proposals likely to impact on the woodland resource.

The processes and recommendations contained in BS 5837:2012, and any subsequent revised or amended document, should be taken into account in designing and implementing development proposals.

This policy is supported by supplementary guidance”.

3.12.4 Forestry matters have also been addressed in detail in the context of Policy IN2 above and the detailed appraisal is not repeated. It is explained above that the ES references that three indicative woodland search areas are proposed as part of the Development, within which up to 297 ha of native riparian planting are proposed. Part of this area would include the 36.61 ha Compensatory Planting Obligation, however the remaining area will represent new woodland cover, resulting in a significant net expansion of woodland cover. The Development is considered to be in accordance with Policies NE6 and NE7. 3.13 Hydrology, Hydrogeology, Geology and Soils 3.13.1 Hydrology, Hydrogeology, Geology and Soil matters are assessed within Chapter 7 of the ES. Matters relating to peat have been specifically addressed above in the context of Policy ED16. In terms of hydrology and hydrogeology the following policies are relevant:

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3.13.2 Policy NE11 ‘Supporting the Water Environment’ states: “The Council will not permit development which would result in deterioration in the status of a waterbody or which would likely impede the improvements in waterbody status as set out in the Solway Tweed River Basin Management Plan (2009) or any update or adopted review of it, unless there are exceptional justifying circumstances.

Development proposals should not normally include the culverting of any waterbody. If culverting would be the only way to enable a proposed development, then permission could be granted if the Council is satisfied that there would be acceptable mitigation measures to protect habitats, passage of fauna, and river form and flow.

Other physical alterations and changes to waterbodies should, if possible, be avoided.

Existing culverted or canalised watercourses in redevelopment and land rehabilitation schemes should be restored when this is practical, neutral or positive in respect of flood risk elsewhere, and consistent with the relevant Regulations.

Development proposals which could adversely affect Drinking Water Protection Areas identified by the Scottish Government will be subject to consultation with SEPA. Where the likely adverse effect cannot be avoided or mitigated against, the development will not be permitted”.

3.13.3 Policy NE12 ‘Protection of Water Margins’ states: “Where new development is proposed adjacent to or in the vicinity of waterbodies, the water margins will, subject to Policy NE11 and Section 18 of the Flood Risk Management (Scotland) Act 2009, be protected unless there are compelling reasons to justify why this should not be done.

This policy is supported by supplementary guidance”.

3.13.4 Chapter 7 of the ES provides detailed information on the baseline conditions of the Development Area and explains that Wanlockhead and Leadhills, east of the Development, were historically the centres for lead mining in Scotland. This area has been extensively mined, exploiting mineral lodes for lead, zinc and silver. Mining has taken place since the 13th Century but the majority occurred from the 18th Century to the mid-20th Century. A legacy of this mining is the discharge of heavy metals (lead, zinc, cadmium and copper) contaminating groundwater and the Wanlock Water valley downstream of Wanlockhead, as a result of minewater discharges and runoff passing through/over mine waste material. This is considered to have been a key contributor to the pollution of the Wanlock Water, as identified in this watercourse’s overall status, detailed in the ES (Chapter 7). A programme of monitoring and mitigation is proposed within the ES to avoid heavy metals present in the underlying geology being mobilised into watercourses and reducing their water quality status. 3.13.5 It should be noted that detailed constraints advice was provided during the iterative layout design process for both the turbine and associated infrastructure features of the Development. At a number of stages during the iterative design process, fieldwork was undertaken to provide further localised feedback to the development design team. This approach minimised a number of potential effects. The hydrology and ground condition constraints that were taken into account in the design of the wind farm are listed below:  Identification of areas of historic mine workings to avoid infrastructure placement in potentially contaminated land (high and moderate risk areas);

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 Identification of mapped mineral lode and black shale areas, where high metal content is likely in the geology – to avoid borrow pit placement and reduce opportunity for disturbance of high metal load sediments and mobilisation of metals into water environment;  50m buffer around water features shown on OS 1:10,000 mapping (other than where access tracks required incursion) – to protect from physical damage, pollution or flood inundation;  Minimisation of watercourse crossing structures and identification of best locations for necessary crossings – to protect from physical damage or pollution;  Identification of private water supply source locations – to protect from physical damage or pollution;  Identification of areas where peat depths anticipated to be 1.5m or deeper – to protect from physical damage, minimise excavation and transportation of peat, reduce potential for peat instability and minimise potential soil carbon loss;  Identification of areas with peat depths greater than 1.0m, with floating track techniques employed to reduce excavation; 3.13.6 Information obtained to inform the EIA has identified the mining and geological risks that are present within and close to the Development Area and highlighted the areas where any proposed development would be considered to be of moderate or high risk of exacerbating or generating pollution, or is at risk of subsidence due to the presence of mining voids. 3.13.7 The ES makes it clear that the Development does not interact with the high or moderate risk areas identified (with the exception of approximately 100m of track located along the edge of a moderate area). Baseline results from all soil samples collected within the Development Area do not indicate any particular locations which could be defined as a potential source of heavy metal pollution. 3.13.8 The Development Area is not a source zone for public water supply, with a number of water supplies within the area provided by private abstraction. No public water supply infrastructure is located within the Development Area as confirmed by Scottish Water, where nearest assets were identified in the settlements of Sanquhar and Wanlockhead. Therefore, public water supplies were not considered further in the ES. 3.13.9 Private water supply information was sought from both DGC and South Lanarkshire Council, who both provided a list of registered private water supplies within the Sanquhar, Wanlockhead and Leadhills area. 3.13.10 Only Nether Cog and Clenries private water supplies were considered to be hydrologically connected to the Development and as a result these are assessed in detail in the ES. All other private water supplies were scoped out and were not considered further. 3.13.11 In terms of mitigation, the ES explains that prior to construction, private water supplies identified as having linkage to the Development will require further investigation and monitoring in accordance with SEPA Guidance and the Private Water Supplies (Scotland) Regulations 2006 in terms of both water quality and yield. This is likely to require discussions and agreement with owners/occupiers to establish appropriate temporary or permanent replacement options, with this most applicable where track infrastructure is close to source and/or associated pipework locations. 3.13.12 The ES highlights that potentially significant effects on the topic of hydrology, hydrogeology, geology and soils are limited to the construction phase, with no potentially significant operational effects or cumulative effects. 3.13.13 Two effects require site-specific mitigation measures in order to avoid a significant effect; namely possible mobilisation of heavy metals which could cause an adverse effect on surface water quality and peat instability which could cause an adverse effect on surface water quality.

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3.13.14 The potential effect of mobilisation of heavy metals, elevating levels in surface water during the construction phase is highlighted in the ES as an important consideration for the hydrology, hydrogeology, geology and soils assessment. With the assessment taking account that the main protecting factor is the avoidance of any areas exhibiting mine workings activity from both available mapping and site investigations, plus further post consent surveys to determine natural baseline levels of metals in soil and water across the site to establish appropriate controls and monitoring thresholds. The existing pressures from the mining legacy on the Wanlock Water mean that any increase in mobilisation of heavy metals resulting from site activities requires to be carefully controlled, as otherwise could exacerbate current elevated heavy metal loadings on the Wanlock Water and restrict the potential for attainment of the targets set by SEPA to achieve ‘Good’ status for this watercourse by 2027. The ES explains that potential additional mobilisation of heavy metals from natural background, in particular when dealing with peat, during earthworks and when managing runoff and drainage will be carefully considered in the detailed design process, pre-construction. 3.13.15 The ES adds that peat stability will require further evaluation and pre-construction surveys to minimise probability of occurrence, it is also recognised that instability is not limited to peat material, with non- peat landslide susceptibility also recorded for the Development Area, which could also cause adverse effect to surface water quality. Locations of concern would be identified in a geotechnical risk register to ensure appropriately considered and managed prior to and during the construction phase of work. 3.13.16 Following the implementation of good practice measures and specific mitigation measures outlined, for the two applicable issues, no significant adverse effects are predicted for the Development. 3.13.17 Finally on this topic, it should be noted that Chapter 4 of the ES ‘Scheme Description’ addresses environmental management and explains that 3.13.18 Prior to the construction of the Development, the Applicant would develop a detailed Construction and Decommissioning Environmental Management Plan (“CDEMP”) with the appointed Principal Contractor. The CDEMP would establish the project management structure and clearly identify the roles and responsibilities in the management and reporting on the construction phase environmental aspects. The CDEMP would be used to ensure that all relevant planning conditions and mitigation identified within the ES to protect the environment are implemented through agreed procedures and working methods. Adherence to the CDEMP, as well as referenced legislation and guidance documents, would be a contractual requirement for the appointed Principal Contractor and their sub-contractors. 3.13.19 The purpose of the CDEMP would be to:  provide a mechanism for ensuring that construction methods avoid, minimise and control potentially adverse significant environmental impacts, as identified in the ES;  ensure that good construction practices are adopted and maintained throughout the construction of the Development;  provide a framework for mitigating unexpected impacts during construction;  provide assurance to third parties that agreed environmental performance criteria are met;  establish procedures for ensuring compliance with environmental legislation and statutory consents;  detail the process for monitoring and auditing environmental performance. 3.13.20 The CDEMP would contain the following documents, which the Principal Contractor and their sub- contractors would be required to adhere to throughout the construction process:  a Pollution Prevention Plan;  Construction Method Statements;

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 a Soil and Peat Management Plan;  a Site Waste Management Plan;  a Traffic Management Plan. 3.13.21 Given the above, the Development is considered to be acceptable in terms of and in accordance with Policies NE11 and NE12. 3.14 Transport and Access 3.14.1 The transport assessment for the Development is set out within Chapter 12 of the ES entitled ‘Access, Traffic and Transport’. Relevant policies include Policies T1 and T2 as follows: 3.14.2 Policy T1 ‘Transport Infrastructure’ states: “Proposals for the improvement of existing transport infrastructure and, where appropriate, the provision of new transport infrastructure and/or services will be supported provided they accord with the Regional and Local Transport Strategies; and where it can be demonstrated to the satisfaction of the Council that following appropriate assessment (where needed), the proposal has no adverse effects either alone or in combination on the integrity of any Natura site.

Development of facilities for cyclists and pedestrians will be supported.

a) Strategic Network

The strategic transport network includes the trunk road, motorway and rail networks. Development proposals that have the potential to affect the performance or safety of the strategic transport network need to be appraised to determine their effects. The national and strategic role of these routes should not be compromised by development which individually or incrementally materially reduces the level of service of a route.

b) Regional Network

Development which involves a new direct access onto the regional road network should not, individually or incrementally, materially reduce the level of service of a route”.

3.14.3 As the Development does not comprise a proposal for the improvement of existing transport infrastructure, the provision of new transport infrastructure and/or services, or the development of facilities for cyclists and pedestrians, only paragraphs (a) and (b) of Policy T1 are relevant. In terms of Policy T2, the matter of relevance in the policy is the last ‘bullet’ which refers to the need for a Transport Assessment, in certain circumstances. 3.14.4 Policy T2 ‘Location of Development / Accessibility’ states: “All development proposals will be expected to:

 consider accessibility issues early on and ensure street layout and design are part of the design and planning process from the beginning, taking account of statutory equal opportunities obligations relating to accessibility and be designed for the safety and convenience of all potential users;  prioritise personal travel by mode in the following order: walking, cycling, public transport and lastly car and other motorised vehicles;  be well served by the most sustainable modes of travel available and provide opportunities for a modal shift from private car use to more sustainable transport, including active travel, wherever possible;

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 incorporate appropriate on and/or off site mitigation measures, where required, which might include: improvements, enhancements or additions to the walking/cycling network (connecting into existing local pedestrian or cycle networks or wider green networks) and public transport services, as well as road improvements and new roads;  incorporate an appropriate level of parking provision to the maximum standards as outlined in SPP (having regard to the travel nodes and services which will be available) and also include adequate cycle parking;  fit with the policies and recommendations of the Local Transport Strategy. In certain circumstances developers may be required to:  prepare and implement travel plans to support a development proposal that will result in significant travel generation, by virtue of its size, nature, or location (as determined by the Council);  prepare a Transport Assessment and implement appropriate mitigation measures where required. This policy is supported by supplementary guidance”.

3.14.5 The ES explains that in order to determine appropriate transport routes to the site, a detailed assessment of the surrounding road network has been undertaken to fully understand the surrounding road network, to identify potential sensitive receptors, and to highlight potential pinch points which could restrict abnormal loads. 3.14.6 An Abnormal Loads Assessment has been prepared and is reported in the ES, on the basis of abnormal load vehicles routing to site from the strategic road network via the M74 trunk road (T), the B7078 and the B740 towards the site access points. 3.14.7 In addition to the abnormal loads, there is also a need to transport general construction materials (concrete, aggregates, pipes, cabling, etc.) to the Development Area and to remove forestry in standard HGVs. The ES explains that the route for general construction traffic will depend on the source of the materials required. The assessment considers the impact of HGVs following the same route as the abnormal loads and a route from the A76 (T) to the south of the Development. 3.14.8 The ES explains that traffic would also be generated by workers commuting to / from the Development. This is primarily restricted to the construction stage only. However, the operational stage will also generate some traffic, albeit a negligible volume given the nature of the Development. Such visits would be for maintenance purposes and would generally involve small vehicles. 3.14.9 The construction programme associated with the Development is anticipated to cover a 24 month construction period. During this time, it is estimated that approximately 15,744 HGVs would access the site equating to 127 daily two-way HGV trips during the busiest construction months (Month 11 and 12 in the construction programme). 3.14.10 Chapter 12 of the ES concludes that effects of increased traffic as a result of the Development are not deemed to be significant given that they represent a temporary change which can be accommodated by the existing road network within the study area. Furthermore, implementation of a Traffic Management Plan (“TMP”) would ensure efficient and safe transportation of construction materials to minimise the effects and disruption to the local area. It I also proposed that a Dilapidation Survey can ensure that any general wear and tear effects that would result to the B740 can be mitigated appropriately. These are matters that can be secured by way of standard planning conditions. 3.14.11 It is considered that the existing road network can accommodate the anticipated construction and operational phase traffic. The Development would not result in any unacceptable access related or traffic effects and is considered to be in accordance with Policies T1 and T2.

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3.14.12 Policy CF4 ‘Access Routes’ states: a) Development Affecting Existing Access Routes

The Council as Access Authority will assert, protect and keep open and free from

obstruction any route, waterway or other means by which access rights may

reasonably be exercised. Development proposals should not impact adversely on any of the aforementioned access routes and Core Paths.

The Council will not grant planning permission to development proposals which

would result in the loss of such access routes unless a satisfactory alternative route or mitigating measures can be secured. In such cases, future access provision, including any changes to existing access, must be shown in an Access Route Plan.

b) Provision of New Access Routes

New development should consider access issues at an early stage of the

design process and, where appropriate, incorporate new and enhanced access

opportunities, linked to wider access networks and green networks. For small

scale developments these considerations can be demonstrated in an Access Route Statement but for all residential development of 5 units or above and other major developments, an Access Route Plan demonstrating how access routes will be incorporated is required.

New or alternative access routes and enhancements to existing routes will be supported, especially if these can form part of green networks. The Council will seek reasonable opportunities from developers to create, manage, maintain and improve access through planning conditions or legal agreements. This policy is supported by supplementary guidance.

3.14.13 This policy contains two main parts, with the first part of the policy seeking to protect access routes from obstruction or any other matter that may prevent people from using such routes. The second part of the policy requires development proposals to consider access matters at an early stage of the design process and to incorporate enhanced access opportunities and links to wider access networks as appropriate. 3.14.14 As explained above, the SUW as well as rights of way and core paths, exist within the Development Area. Access and recreation matters have been addressed in detail in the context of Policy IN2 above and should be referred to. It is considered that the Development would not be in conflict with the provisions of Policy CF4.

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3.15 Development Plan Policy Assessment Conclusions 3.15.1 In terms of the objectives of the LDP, the Development has been assessed as being able to assist in furthering those objectives and accordingly is considered to be consistent with the strategic land use priorities and vision set out in the LDP. 3.15.2 The Development Plan policies assessed above are satisfied by the Development. The lead policies, namely Policies IN1 and IN2 require judgement to be applied in determining acceptability informed by a planning balance assessment. In this regard, there are no predicted effects associated with the Development where the effects are considered to be unacceptable. 3.15.3 The ES demonstrates that the Development has been carefully considered and is well designed and that the location has the capacity to satisfactorily accommodate the Development. It has been subject to an iterative design evolution and has been informed by consultation and feedback from various consultees (as explained in detail in Section 3.5 above with reference to the ‘Site Selection and Design Strategy’ which is detailed in the ES). The Development is considered to be in accordance with the Development Plan insofar as this is a material matter in the consideration of this s.36 application.

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4 National Planning Policy and Guidance

4.1 Introduction 4.1.1 Relevant national planning policy guidance and advice is addressed in this Chapter. Reference is made to the National Planning Framework, Scottish Planning Policy and Scottish Government advice on renewable developments. National planning policy is a very important consideration: amongst other matters it sets the framework of development management factors and the approach to Spatial Frameworks for onshore wind energy. 4.2 The National Planning Framework 3 4.2.1 The National Planning Framework 3 (“NPF3”) was published on 23 June 2014. NPF3 is a long term strategy for Scotland and is the spatial expression of the Government’s Economic Strategy and plans for development and investment in infrastructure. Together, NPF3 and Scottish Planning Policy (2014) (“SPP”), applied at the strategic and local levels, are intended to help the planning system deliver the Scottish Government’s vision and outcomes for Scotland and to contribute to the Government’s central purpose. SPP is further considered below. 4.2.2 High level support for renewables is provided through the “vision” which is referred to as inter alia:  A successful, sustainable place – “we have a growing low carbon economy which provides opportunities…”;  A low carbon place - “we have seized the opportunities arising from our ambition to be a world leader in low carbon generation, both onshore and offshore…”;  A natural resilient place - “natural and cultural assets are respected; they are improving in condition and represent a sustainable economic, environmental and social resource for the nation…”. 4.2.3 Further support is provided in Chapter 3 “A Low Carbon Place” which sets out the role that Planning will play in delivering the commitments set out in ‘Low Carbon Scotland: The Scottish Government’s Proposals and Policies’. It states: “the priorities identified in this spatial strategy set a clear direction of travel which is consistent with our world leading climate legalisation”. 4.2.4 The introduction to Chapter 3 states that the Scottish Government’s ambition “is to achieve at least an 80% reduction of greenhouse gas emissions by 2020”. 4.2.5 Paragraph 3.7 states onshore wind is “…recognised as an opportunity to improve the long term resilience of rural communities”. 4.2.6 Paragraph 3.8 states that the Government’s aim is to meet at least 30% of overall energy demand from renewables by 2020 – this includes generating the equivalent of at least 100% of gross consumption from renewables, with an interim target of 50% by 2015. 4.2.7 Paragraph 3.9 states: “Our Electricity Policy Statement sets out how our energy targets will be met. We are making good progress in diversifying Scotland’s energy generation capacity, and lowering the carbon emissions associated with it, but more action is needed. Maintaining security of supplies and addressing fuel poverty remain key objectives. We want to continue to capitalise on our wind resource…”. 4.2.8 Paragraph 3.23 states that “onshore wind will continue to make a significant contribution to diversification of energy supplies”.

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4.2.9 In conclusion, it is clear that onshore wind development is recognised as a key technology in the energy mix which will contribute to Scotland becoming ‘a low carbon place’ which in turn will be a key part of the ‘vision’ for Scotland (as set out at paragraph 1.2 of NPF3). Furthermore, the Scottish Government has made it unequivocally clear that it wants to continue to “capitalise on our wind resource”. The proposed development would significantly contribute to the unmet 2020 renewable electricity and energy targets as set out in NPF3. 4.3 Scottish Planning Policy 4.3.1 SPP was published on 23 June 2014. The purpose of SPP is to set out national planning policies which reflect Scottish Government Ministers’ priorities for the operation of the planning system, and for the development and use of land. Paragraph (iii) states that the content of SPP is a material consideration that carries significant weight, although it is for the decision maker to determine the appropriate weight to be afforded to it in each case. Relationship of SPP to National Outcomes 4.3.2 Paragraph 9 of SPP refers to ‘Outcomes’ as they relate to the Scottish Government’s ‘Purpose’ “of creating a more successful country, with opportunities for all of Scotland to flourish through increasing sustainable economic growth…”. 4.3.3 Paragraph 10 adds that the Scottish Government’s 16 national outcomes articulate in more detail on how the Purpose is to be achieved. It adds that the pursuit of these outcomes provides the impetus for other national plans, policies and strategies and many of the principles and policies set out in them are reflected in both SPP and NPF3. 4.3.4 Paragraph 13 of SPP introduces four planning outcomes which explain “how planning should support the vision” for the planning system in Scotland. Three of these outcomes are particularly relevant namely:  Outcome 1: a successful sustainable place – supporting sustainable economic growth and … the creation of well designed, sustainable places;  Outcome 2: a low carbon place – reducing our carbon emissions and adapting to climate change; and  Outcome 3: a natural, resilient place – helping to protect and enhance our natural and cultural assets, and facilitating their sustainable use. 4.3.5 Outcome 2 ‘A Low Carbon Place’ explains that NPF3 will facilitate the transition to a low carbon economy, particularly by supporting diversification of the energy sector. Paragraph 18 makes reference to the Climate Change (Scotland) Act 2009 which has set a target of reducing greenhouse gas emissions by at least 80% by 2050, with an interim target of reducing emissions by at least 42% by 2020. SPP explains that section 44 of the 2009 Act places a duty on public bodies to act in the best way to contribute to the delivery of emissions targets as set out in the Act, and to help deliver the Scottish Government’s climate change adaption programme. Principal Policies of SPP 4.3.6 SPP contains two Principal Policies, namely ‘sustainability’ and ‘placemaking’. Sustainability is addressed at Page 9. SPP states at paragraph 24 that: “the Scottish Government’s central purpose is to focus Government and public services on creating a more successful country, with opportunities for all of Scotland to flourish, through increasing sustainable economic growth”.

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4.3.7 Paragraph 25 adds that the Scottish Government’s commitment to the concept of sustainable development is reflected in its Purpose. 4.3.8 Paragraph 27 cross refers to the Government’s Economic Strategy which it states “indicates that sustainable economic growth is the key to unlocking Scotland’s potential … and to achieving a low carbon economy …”. It also makes reference to the need to maintain a high quality environment and to pass on “a sustainable legacy for future generations”. Presumption in Favour of Development that contributes to Sustainable Development 4.3.9 A new ‘Policy Principle’ in the planning system, introduced in SPP is the statement at Paragraph 27 which is as follows: “This SPP introduces a presumption in favour of development that contributes to sustainable development”. 4.3.10 Paragraph 28 continues and states: “the planning system should support economically, environmentally and socially sustainable places by enabling development that balances the costs and benefits of a proposal over the longer term. The aim is to achieve the right development in the right place; it is not to allow development at any cost”. 4.3.11 A presumption in favour is not a new concept to Scottish planning (albeit mirroring a similar recent change in England), but now takes on a much more prominent role in national planning policy. It is a formal policy presumption which the system has not seen since the changes made to the Town and Country Planning (Scotland) Act 197211. For practical purposes it is a (relatively) new approach. Although little practical guidance is available, the approach to its application in wind farm cases has been fairly consistently set out by a number of Reporters. As explained below, paragraphs 32 and 33 of the SPP explain how the presumption operates, but not what it is. 4.3.12 Paragraph 29 of SPP assists by setting out that policies and decisions should be guided by a number of principles. Those of relevance include the following:  Giving due weight to net economic benefit;  Supporting good design;  Supporting delivery of infrastructure, for example … energy;  Supporting climate change mitigation and adaption including taking account of flood risk;  Having regard to the principles for sustainable land use as set out in the Land Use Strategy;  Protecting, enhancing and promoting access to cultural heritage, including the historic environment;

11 The move in Scotland to the presumption being in favour of proposals which accorded with the Development Plan rather than general development is explained in the House of Lords case of City of Edinburgh Council v Secretary of State for Scotland, Revival Properties Ltd. v City of Edinburgh Council, Secretary of State for Scotland v Revival Properties Ltd [1997] 1 W.L.R. 1447 where the court held “Section 18A of the Act of 1972, which was introduced by section 58 of the Planning and Compensation Act 1991 , creates a presumption in favour of the development plan. That section has to be read together with section 26(1) of the Act of 1972. Under the previous law, prior to the introduction of section 18A into that Act, the presumption was in favour of development. The development plan, so far as material to the application, was something to which the planning authority had to have regard, along with other material considerations. The weight to be attached to it was a matter for the judgment of the planning authority. That judgment was to be exercised in the light of all the material considerations for and against the application for planning permission. It is not in doubt that the purpose of the amendment introduced by section 18A was to enhance the status, in this exercise of judgment, of the development plan.”

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 Protecting, enhancing and promoting access to natural heritage including…. landscape and the wider environment; and  Protecting the amenity of new and existing development and considering the implications of development for water, air and soil quality. 4.3.13 The introduction of the presumption in favour of development that contributes to sustainable development has important consequences for development management practice. Paragraphs 32 and 33 of SPP explain how this Policy Principle is ‘operationalised’ in development management. 4.3.14 Paragraph 32 states that “the presumption in favour of sustainable development does not change the statutory status of the development plan as the starting point for decision-making”. SPP directs decision makers as follows: “proposals that accord with up-to-date plans should be considered acceptable in principle and consideration should focus on the detailed matters arising …”. 4.3.15 Paragraph 33 adds: “Where relevant policies in a development plan are out-of-date or the plan does not contain policies relevant to the proposal, then the presumption in favour of development that contributes to sustainable development will be a significant material consideration. Decision-makers should also take into account any adverse impacts which would significantly and demonstrably outweigh the benefits when assessed against the wider policies in this SPP. The same principle should be applied where a development plan is more than five years old”. 4.3.16 The footnote to this paragraph specifies that Development Plans or their policies should not be considered as out of date solely on the grounds that they were adopted prior to the publication of SPP. 4.3.17 The approach set out above, requires that in circumstances where the relevant policies are out of date, or where the Development Plan document is more than five years old, the presumption in favour of sustainable development is engaged. 4.3.18 The Development Plan is not more than five years old. It is helpful to look at how some Reporters have handled the matter of the presumption introduced by SPP. Four cases are examined below – in these cases it needs to be noted that the Development Plan was not more than five years old, nevertheless the Reporters applied the presumption. 4.3.19 In the Lochend Wind Farm Appeal Decision12 (11 December 2014) involving a development in Caithness, the Reporter set out at paragraph 91 of the Decision: “The SPP also states that there should be a presumption in favour of development that contributes to sustainable development, listing at paragraph 29 a number of principles to guide decisions. Included amongst these are supporting the delivery of infrastructure (including energy) and supporting climate change mitigation, both of which the appeal proposal would assist with. Having assessed the detailed impacts of the proposal, I find that it would not be in significant conflict with any of the other principles of sustainable development listed in the SPP. I am satisfied that this proposal is for a development which would contribute to sustainable development”. 4.3.20 In the Appeal decision for a three turbine wind farm extension at Muirhall13 in South Lanarkshire (9 July 2015), at paragraph 77 of the decision, the Reporter stated: “drawing together my findings on other material considerations, I note that there is strong national policy support for renewable energy regeneration, including for onshore wind farms. Moreover, as a

12 DPEA Reference: PPA-270-2108. 13 DPEA Reference: PPA-380-2050.

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development that contributes to sustainable development, the proposal benefits from a presumption in its favour as set out in SPP”. 4.3.21 In the Windy Edge14 decision for a 9 turbine development in the Scottish Borders, (9 June 2016) specifically addressed the presumption in SPP and stated (paragraph 52): “I also note that one of the policy principles is that there should be a presumption in favour of development that contributes to sustainable development. I consider that a proposed wind farm with acceptable environmental impacts is a development that the Scottish Government would consider as development that contributes to sustainable development”. 4.3.22 In the Millennium Wind farm s.36 Decision (3 February 2017) the Reporter addressed the presumption in SPP. The Reporter stated at paragraph 6.19 of his Inquiry Report “I turn now to the presumption in favour of development which contributes to sustainable development, and the guiding principles in paragraph 29 of SPP. My findings above show no significant conflict with any of these principles. Indeed the proposal would deliver energy infrastructure, help to mitigate climate change and, insofar as it is an extension to an existing wind farm, make the efficient use of existing capacities of land and infrastructure. I therefore conclude that the development would contribute to sustainable development and that, overall it draws strong support from SPP and NPF3”. 4.3.23 In light of these decisions, as applied to the present application for the proposed development, the presumption is therefore an important matter which should lend considerable support in favour of a positive determination of the application – i.e. the presumption is in favour of giving consent. This is a relatively new provision of national planning policy (but not an unfamiliar concept in the planning system) and it must mean that positive support should be given in favour of the proposed development, driving to the matter of giving consent unless rebutted by factors sufficient to negate the presumption. 4.3.24 To fail to adopt such an approach when the presumption is engaged would be to render the new policy provision sterile, which cannot have been the intention of Government. If the development is on its face sustainable by reference to paragraph 29 of SPP and the Outcomes, then it should enjoy the presumption unless it is rebutted by, for example, unacceptable noise or ecological impacts. 4.3.25 It is considered that the proposed development can claim the presumption in favour of development that contributes to sustainable development, not only because it is the right development in the right place (paragraph 28 of SPP) and not only because the development is in accordance with the guiding principles relevant to this type of development set out in paragraph 29 of SPP, but also because what is proposed has a strong consistency with the declared desirable Outcomes within SPP. 4.3.26 The development would assist in delivering sustainable economic growth in line with Outcome 1. It would clearly assist in achieving Outcome 2 ‘a low carbon place’. The development would also assist in achieving Outcome 3 ‘a natural, resilient place’, by reference to paragraph 21 in particular, which deals with the concept of a natural, resilient place in a wider context than merely visual amenity or landscape character. This is a development that would contribute to a natural, resilient place through the part it plays in mitigating the effects of climate change. It also needs to be noted that very few developments would be able to contribute to all four outcomes – that this proposed development contributes positively to three (and the remaining one is not relevant) is to its credit and reinforces the engagement of the presumption.

14 DPEA Reference: PPA-140-2055.

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SPP Subject Policies – A Low Carbon Place 4.3.27 SPP addresses ‘A Low Carbon Place’ as a ‘subject policy’ on page 36 and refers to ‘delivering electricity’. Paragraph 152 refers to the NPF context and states that NPF3 is clear that planning must facilitate the transition to a low carbon economy and help to deliver the aims of the Scottish Government. It is stated that Scotland has significant renewable energy resources, both onshore and offshore. 4.3.28 Paragraph 153 states that terrestrial planning “facilitates” development of renewable energy technologies, and guides new infrastructure to appropriate locations. It adds that “efficient supply of low carbon and …. generation of ….electricity from renewable energy sources are vital to reducing greenhouse gas emissions…”. It explains that renewable energy also presents a significant opportunity for associated development, investment and growth of the related supply chain. 4.3.29 In terms of ‘Policy Principles’, Paragraph 154 states that the planning system should:  Support the transformational change to a low carbon economy, consistent with national objectives and targets, including deriving: – 30% of overall energy demand from renewable sources by 2020; – The equivalent of 100% of electricity demand from renewable sources by 2020.  Support the development of a diverse range of electricity generation from renewable energy technologies – including the expansion of renewable energy generation capacity;  Guide development to appropriate locations and advise on the issues that will be taken into account when specific proposals are being assessed. 4.3.30 SPP also cross refers to “key documents” and those of relevance include:  The Electricity Generation Policy Statement (EGPS);  The 2020 Routemap for Renewable Energy in Scotland; and  Low Carbon Scotland: Meeting Our Emissions Reductions Targets 2013 – 2027. 4.3.31 The proposed development would be consistent with the ‘low carbon place’ subject policy and would contribute to its attainment. These renewable energy policy documents are referred to in Chapter 5 below. Onshore Wind 4.3.32 Onshore wind is specifically addressed at Paragraph 161 et seq of SPP. Detailed guidance is provided for Planning Authorities with regard to the preparation of Spatial Frameworks for onshore wind development, and it makes it clear that proposals for onshore wind turbine development should continue to be determined whilst Spatial Frameworks and local policies are being prepared and updated. 4.3.33 In terms of Spatial Framework guidance, a “community separation for consideration of visual impact” is set out as “an area not exceeding 2km around cities, towns and villages identified on the local development plan with an identified settlement envelope or edge”. 4.3.34 As with the previous SPP, this separation distance has a purpose of guiding the preparation of Spatial Frameworks and is not a requirement in terms of development management for a ‘set back’ to settlements, or in relation to individual properties for wind farms.

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Development Management for Energy Infrastructure Developments 4.3.35 In terms of development management, paragraph 169 of SPP sets out that “proposals for energy infrastructure developments should always take account of spatial frameworks for wind farms” and that “considerations will vary relative to the scale of the proposal and area characteristics but are likely to include a number of matters”. These are set out at Table 1 of SPP (page 39) (as replicated below). 4.3.36 With reference to Table 1, the application site would be within a Group 2 area. As explained in the previous Chapter, whilst there are some areas of peat in the Development Area, it has been demonstrated through site specific surveys and the design approach followed, that areas of deep peat and carbon rich soils have been avoided. As explained in Chapter 3, on the basis of the SPP classifications and the work undertaken on during the design process, the Development Area is considered to have the properties of a site within Group 3: ‘Areas with potential for wind farm development’.

4.3.37 In terms of development management, paragraph 169 of SPP sets out that considerations for energy infrastructure “…. will vary relative to the scale of proposal and area characteristics but are likely to include:  net economic impact, including local and community socio-economic benefits such as employment, associated business and supply chain opportunities;  the scale of contribution to renewable energy generation targets;  effect on greenhouse gas emissions;  cumulative impacts – planning authorities should be clear about the likely cumulative impacts arising from all of the considerations below …;

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 impacts on communities and individual dwellings, including visual impact, residential amenity, noise and shadow flicker;  landscape and visual impacts, including effects on wild land;  effects on the natural heritage, including birds;  impacts on carbon rich soils, using the carbon calculator;  public access, including impact on long distance walking and cycling routes and scenic routes identified in the NPF;  impacts on the historic environment, including scheduled monuments, listed buildings and their settings;  impacts on tourism and recreation;  impacts on aviation and defence interests and seismological recording;  impacts on telecommunications and broadcasting installations, particularly ensuring that transmission links are not compromised;  impacts on road traffic;  impacts on adjacent trunk roads;  effects on hydrology, the water environment and flood risk;  the need for conditions relating to the decommissioning of developments, including ancillary infrastructure, and site restoration;  the need for a robust planning obligation to ensure that operators achieve site restoration.” 4.3.38 Given the findings of the ES and in light of the policy appraisal set out in this Statement, the Development is considered to be acceptable in terms of the above considerations. 4.3.39 Paragraph 170 of SPP states that areas identified for wind farms should be suitable for use in perpetuity. It further adds that consents may be time limited, but nevertheless “wind farms should … be sited and designed to ensure impacts are minimised and to protect an acceptable level of amenity for adjacent communities”. 4.3.40 The provision of paragraph 170 is not a new matter. Circular 4/98 in relation to the use of conditions in planning permissions sets out paragraph 105 that “the reason for granting a temporary permission can never be that a time limit is necessary because of the effect of the development on the amenity of the area”. 4.3.41 The Applicant does not take the position that because the proposed development would have a lifetime of some 25 years that this is a factor that makes the development acceptable in amenity terms. 4.3.42 Furthermore, the provisions of paragraph 170 are different from the matter of reversibility. The proposed development would remain a reversible type of development and whether this occurs in 30 or 100 years, it remains reversible compared to most other conventional types of development. 4.3.43 Reversibility is an important issue. Were it otherwise no conditions requiring decommissioning, restoration and aftercare should be imposed. Reversibility is a positive feature of wind energy development and some weight should be given to reversibility as an inherent positive attribute of this type of development (but not to the temporary nature of the consent). 4.3.44 Another important point to note with regard to paragraph 170 of SPP is that it further supports the Government’s position that wind energy developments can play an important role in the long term generation platform of the country, thereby sustaining carbon savings and renewable energy generation

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targets. As explained below in Chapter 5, and set out in the very recent Government publications (the draft Climate Change Plan and draft Energy Strategy): there are now further very challenging carbon saving and renewable energy targets set for the long term. Wind farms operating on a long term basis will clearly sustain and uphold those targets. 4.3.45 The Government’s ‘Some Questions Answered’ document on SPP also provides guidance in relation to the life span of operational wind farms and refers to the matter of sustaining targets in the long term. In relation to paragraph 170 of SPP and specifically to ‘use in perpetuity’, the document states: “Even where an individual wind farm proposal may have an operational life span specified by condition the site should be suitable for use as a wind farm in other respects. The identification of an operational lifespan, commonly spanning 25 years for wind turbines, should not be used as a mitigation for negative impacts arising from the operation of the wind turbine15. This is to ensure that developments which will be in place for an inter-generational length of time are appropriately sited and designed to have acceptable impacts. The permanent suitability of a site for wind farm use is important as it has a relationship to the potential repowering of a site and the expectation that a wind farm in use today will in principle be acceptable in the long term if reconfigured. Identifying sites that are suitable for permanent use is important to ensure that we not only meet our targets for renewable electricity generation but can sustain them in the future.” 4.4 Scottish Government Advice Notes and Renewables Guidance Online Renewables Guidance 4.4.1 The Scottish Government’s online renewables guidance is dated May 2014 and is currently under review to bring it in line with SPP. No conflict is identified with the national online guidance. 4.4.2 In terms of environmental effects in relation to the visual component of residential amenity, it is relevant to highlight the reference to separation distances in the Onshore Wind Turbines online national guidance. This states with reference to the former paragraph 190 of SPP (2010) that the 2km distance between areas of search for wind turbines and the edge of towns, cities and villages was to reduce visual impact. However, the Guidance makes it clear that “this 2km separation distance is a guide not a rule and decisions on individual developments should take into account specific local circumstances and geography”. The Development is more than 2km from the defined boundaries of towns and villages in the LDP. SPP – Some Questions Answered 4.4.3 On 5 December 2014, the Scottish Government released a document answering questions in relation to the SPP and Onshore Wind. The answers provided relate to the following topics: landscape capacity assessment; Spatial Frameworks; separation distances; areas of strategic capacity; cumulative impacts; the life span of wind farms; wild land; scenic routes; and the carbon calculator. The proposed development is considered to be consistent with the guidance with regard to all of these topics. Spatial Planning for onshore Wind Turbines – Natural Heritage Considerations – Guidance 4.4.4 SNH published a policy document on the topic of spatial planning in June 2015 entitled ‘Spatial Planning for onshore Wind Turbines – Natural Heritage Considerations – Guidance’. The document replaces the SNH ‘Strategic Locational Guidance’ for onshore wind farms. The guidance also makes the links

15 Note – as explained above – this is entirely consistent with the advice in Circular 4/98 paragraph 105 regarding the use of temporary planning permissions and matters of amenity.

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between the SPP section on onshore wind (paras 161-172) and other parts of the policy which relate to natural heritage. The guidance states in the introduction on page 3: “SPP identifies a clear need for wind energy development to be accommodated in appropriate locations across Scotland to meet energy generation targets and mitigate climate change. Most planning authorities should therefore assume that there will be a future level of landscape change within some of their areas from wind turbines; obvious exclusions will include the National Park Authorities and the most densely populated areas. This guidance seeks to help planning authorities plan for this change and is focused on helping to guide development to the right locations (SPP para 39)”. 4.4.5 It is clear from Annex 1 of the document that in terms of landscape objectives in judging whether an area should be kept free of wind farms of a particular size and scale, various objectives could apply. Landscape protection “is likely to be only acceptable in those areas defined within Group 1 and potentially Group 2 of Table 1 in SPP and only after the Spatial Framework is defined”. In the alternative, in terms of “landscape accommodation”, it states that “within local landscape designations and wild land areas, the degree of landscape protection will be less than for National Scenic Areas. In these areas, an appropriate objective may be to accommodate wind farms, rather than seek landscape protection”. 4.4.6 Therefore, the policy approach set out by SNH indicates that in principle, there is an acceptance that wind farms may be appropriate in local landscape designations such as RSAs or SLAs. 4.5 Emerging Development Plan and Updated Wind Energy Supplementary Guidance 4.5.1 The current LDP was formally adopted in September 2014. In accordance with requirements of the Planning Act, every council in Scotland requires to replace its LDP at least every 5 years. On this basis, DGC has recently consulted on a Main Issues Report (“MIR”) which is the first formal public consultation stage in LDP preparation. 4.5.2 The MIR was published for consultation between Monday 30 January and Monday 24 April 2017. The MIR sets out the Council’s consideration of the main issues facing the development of the plan area for the next 10 years. Whilst the MIR is not a draft plan it sets out land use policy areas that are proposed to be taken forward into the proposed LDP. 4.5.3 The intention of DGC is to complete the analysis of representations to the MIR consultation and to report findings to Planning Committee towards the end of 2017, with a view to publishing a proposed LDP for consultation later in 2018. 4.5.4 The Council also consulted on an updated Supplementary Guidance ‘Part 1 Wind Energy Development: Development Management Considerations’ (“Draft Part 1 SG”) and an updated DGWLCS in September 2016. The Part 1 of the Supplementary Guidance as explained above, includes the Council’s wind energy capacity study – the DGWLCS. The DGWLCS was prepared in 2010 and the Council has reviewed and updated it. The Supplementary Guidance provides further detail on the development management considerations contained in Part 1 of LDP policy IN2, however, it is understood that the changes proposed by the Council to the Part 1 of the Supplementary Guidance were solely in response to the Council’s view of the need to update the DGWLCS. The consultation draft of the DGWLCS has various amendments including updated assessments for all 45 Landscape Character Types / units covering the whole of the Council area. 4.5.5 The Council still needs to review and update Part 2 of Policy IN2 in the LDP covering the wind energy Spatial Framework. As explained above, the Spatial Framework at the present time does not meet the requirements outlined in SPP. The Council intends to review its wind energy policies and guidance including the Spatial Framework as part of the MIR for the next LDP.

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4.5.6 The Draft Part 1 SG, which includes the updated DGWLCS and the results of the public consultation exercise was reported on 9 March 2017 to the Council’s, Economy, Environment and Infrastructure Committee. The Committee was requested to consider the responses received to the consultation, agree the Council’s recommended response and proposed modifications. The Committee was also requested to agree to remit with powers to the Head of Planning and Regulatory Services to notify Scottish Ministers of the Council’s intention to adopt the Part 1 Wind Energy Development Supplementary Guidance. It is understood that at the time of writing (April 2017) the Draft Part 1 SG and updated DGWLCS has not yet been submitted to the Scottish Ministers. 4.6 Conclusions on National Planning Policy & Guidance 4.6.1 NPF3 and SPP set out a strong position of support in relation to renewable energy and renewable energy targets and recognise the significant energy resource provided by onshore wind. This is clearly not at any cost and development continues to be guided to appropriate locations and environmental effects need to be judged to be acceptable. 4.6.2 It is considered that the proposed development would satisfy the principles set out at paragraph 29 of SPP and it would assist in delivering Outcomes 2 and 3 – indicating that the proposal is consistent with sustainable development. SPP also sets out a clear presumption in favour of proposals that contributes to sustainable development. Furthermore, the Development is considered to be acceptable when considered against the development management considerations in relation to renewable energy developments as set out at paragraph 169 of SPP. 4.6.3 The site is located within what is in effect, a Group 3 location in which wind farms are likely to be acceptable subject to consideration of the criteria at paragraph 169 of SPP with regard to specific site and design approach circumstances. 4.6.4 It is considered that the Development is appropriately sited, would provide a significant contribution to renewable energy targets. In this context the proposed development draws support from both NPF3 and SPP and related national guidance. 4.6.5 The emerging Development Plan documents are at too early a stage as to carry weight.

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5 The Renewable Energy Policy Framework

5.1 Introduction 5.1.1 This Chapter explains the need case for the proposed development in terms of international, UK and Scottish Government renewable energy policy. This policy constitutes an important material consideration. Reference is made below to:  International and European energy policy;  UK energy policy; and  Scottish Government energy policy and renewable energy generation targets, including the very recently published draft Climate Change Plan, draft Energy Strategy and Onshore Wind Policy Statement16. 5.2 International Policy Considerations International Agreements and Obligations – The COP21 UN Paris Agreement 5.2.1 The Paris Agreement (12 December 2015) sets out (page 2) that it “emphasises with serious concern” the need to hold the increase in global average temperature to “well below 2oC” above pre-industrial levels and to pursue “efforts to limit the temperature increase to 1.5C”. In order to achieve this long term temperature target, the text states “parties aim to reach global peaking of greenhouse gas emissions as soon as possible”. The document also includes a ratcheting mechanism on climate action, with countries having to communicate nationally determined contributions to reducing global emissions. The first global “stocktake” is to take place in 2023 and will follow every five years thereafter. 5.2.2 It is clear that moving to a low carbon economy is now a globally shared goal and will require absolute emission reduction targets. For the first time, some 195 countries, including the world’s largest emitters have now committed to act together to address climate change and to be held equally accountable. Countries will also be legally obliged to make new post-2030 commitments to reduce emissions every five years. EU Policy Targets 5.2.3 In January 2008 the European Commission (EC) published a ’20-20-20’ targets package. This included proposals for:  A reduction in the EU’s greenhouse gas emissions of at least 20% below 1990 levels;  Increasing the proportion of final EU energy consumption from renewable sources to 20%; and  A 20% reduction in primary energy use compared with projected levels, to be achieved by improving energy efficiency. 5.2.4 These targets are to be achieved by 2020, as set out in the EU Renewable Energy Directive (March 200917). The 20% is split between Member States. For the UK, the EC’s obligations include 16%

16 All published by the Scottish Government in January 2017.

17 Following Brexit the UK would be released from its renewable energy targets under the EU Renewable Energy Directive. The availability of funding from EU institutions may impact the deployment of capital intensive projects such as offshore wind. However, given that the UK would still be bound by national and international de-carbonisation obligations (see above), it is anticipated that renewable and low carbon energy development would continue to form part of UK Government climate change policy. However, for present purposes the UK remains part of the EU and the above legal obligations related to the 2020 and related targets remain fully in place.

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reduction in UK greenhouse gas emissions by 2020 and for 15% of all energy consumed in the UK to come from renewable sources by 2020. 5.2.5 As explained below, the position as of the end of 2015 (the full year for which figures are available) renewable energy only accounted for approximately 8.3% of energy consumption in the UK, well short of the 15% target18. EU Renewable Energy Progress Report – June 2015 5.2.6 The EC published the ‘Renewable Energy Progress Report’ on the EU’s 2020 renewable energy targets on 16 June 2015. Whilst this shows that the EU is on track to meet its 20% renewable energy targets, it highlights that the UK is a Member State that needs to assess whether its policies are sufficient and effective in meeting renewable energy objectives. Figure 5.1 is an extract from the report which illustrates the expected renewable energy deployment in Member States against their respective 2020 targets. Figure 5.1: Renewable Energy Deployment by Member State

5.2.7 It can be seen that the UK is anticipated to fall short of its legally binding 2020 target. In addition to this EU Report, a Letter was made public from DECC regarding the EU 2020 Renewables targets, dated 29 October 2015. It revealed that there is expected to be a delivery shortfall against the UK renewable energy target for 2020: of almost 25%. The factual position is, therefore, that the UK is on track to miss its legally binding obligation to achieve the EU target on renewable energy - currently set at 15%. 5.3 United Kingdom Energy Policy 5.3.1 Energy policy is a matter reserved to the Westminster Parliament. The UK Government therefore retains control of the overall direction of energy policy including the attainment of UK national targets on renewable energy generation. 5.3.2 Although the overarching position in the UK is that energy policy is not a devolved matter, major policy documents such as the UK Renewable Energy Roadmap have embraced actions across the UK as a whole. Such documents have also made clear that the Devolved Administrations play an important role in the attainment of overall UK and European targets for renewable electricity. While some of the

18 DECC, Digest of UK Energy Statistics (2016), Chapter 6.

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devolved administrations do not have the core competencies over energy policy, it has not prevented them issuing a range of policy statements and ‘Routemaps’ for renewable energy and the low carbon agenda for their own territory. The Scottish Government has been engaged in policy making over successive Governments on the topic of renewable energy and there is no evidence that they have been at all trammelled in this activity by Whitehall or Westminster. 5.3.3 In the recent Corlic Hill Wind Farm Appeal decision19 (17 May 2016) the Reporter examined the position of the UK with regard to European renewable energy targets in some detail. The paragraphs of relevance are 20 through to 25. In summary, the Reporter stated that it was necessary to take into account UK Government energy policy. In terms of whether or not the UK was likely to miss its binding European renewable energy and greenhouse gas emission targets for 2020 the Reporter stated at paragraph 24:- “however, as the Planning Authority accepts, these targets are not caps. There would clearly be public benefit in avoiding the potentially very significant fines that could be levied against the UK in the event that binding targets were not met. However, of much greater public benefit, in my view, is the proposal’s potential contribution to the ultimate goal of the targets which is to achieve significant reductions in greenhouse gas emissions and the development of an extensive and effective renewable energy infrastructure. The proposal would contribute to such benefits regardless of whether it is required in order to achieve the UK 2020 targets”. The UK Renewable Energy Strategy (2009) 5.3.4 The UK Renewable Energy Strategy (“UKRES”) sets out the means by which the UK can meet the legally binding target of 15% of energy consumption from renewable sources by 202020. It presents a ‘lead scenario’ that more than 30% of electricity should be generated from renewables by 202021. 5.3.5 A key element of the strategy is that it sets out the EU requirement that progress will be reported to the EU every two years, in terms of the achievement of delivery against the trajectory set for the 2020 target. The purpose of the milestone reporting is to ensure that a trajectory is maintained towards 2020. 5.3.6 Under the Directive, the UK has interim targets to achieve the following shares for renewables in the energy mix as follows:  7.5% in 2015 – 2016; and  10.2% in 2017 – 2018. 5.3.7 The document makes it clear that the Devolved Administrations have a leadership role to undertake. The Strategy was published by the UK Government: however, the policies to meet the 2020 targets will be taken forward in England, Scotland and Wales, Great Britain or on a UK- wide basis as appropriate and in accordance with each devolution arrangement. The document makes it clear that each of the Devolved Administrations is setting out its own plan to increase renewable energy use and that “the UK Government and the Devolved Administrations are working together to ensure that our plans are aligned”.

19 Corlic Hill Wind Farm Appeal Decision – An 8 turbine scheme by Greenock, Inverclyde. Decision dated 17 May 2016. DPEA ref: PPA-280-2022. The paragraphs of relevance in this Decision Letter are 20 through to 25.

20 Renewable energy accounted for 8.3% of energy consumption in 2015 (Source: DECC, Digest of UK Energy Statistics (DUKES) July 2016).

21 The contribution of all renewables to UK electricity generation was 24.6% in 2015, (Ibid).

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The UK Renewable Energy Road Map Update (2012) 5.3.8 The UK Renewable Energy Roadmap Update of 2012 emphasised that there was an urgent need for new large scale renewable energy projects to ensure the 2020 targets were met, as well as wider decarbonisation and ambitions (para 2.5). It also made it clear that the central ranges of renewable deployment as set out in the Roadmap of 2011 “did not represent technology specific targets or the level of our ambition”. Specifically (para 2.10) it made clear that the reference in the Roadmap 2011 of potentially having in place 13 Giga Watts (“GW”) of onshore wind capacity by 2020 did not represent a technology specific target. The UK Renewable Energy Roadmap Update (2013) 5.3.9 On 6 November 2013 the former Coalition Government published an update to the UK Renewable Energy Roadmap following publication of the original document in 2011. Onshore wind is referred to on page 44. Paragraph 114 states that “onshore wind, as one of the most cost effective and proven renewable energy technologies, has an important part to play in a responsible and balanced UK energy policy”. Conclusions on UK Energy Policy 5.3.10 UK energy policy, as summarised above is a reserved matter and remains the responsibility of the UK Government. At a UK level there are clear renewable energy, electricity and carbon emission saving targets for 2020, but also stretching in the long term to 2050 and beyond. 5.3.11 It is relevant to take UK energy policy into account and as the Reporter in the recent Corlic Hill Wind Farm Appeal decision set out, wind farm proposals will contribute to the wider public benefit in terms of renewable energy and electricity generation regardless of whether or not they are required in order to achieve UK targets by 2020. The Reporter in the Corlic Hill decision also made clear at paragraph 25 of the decision letter for that scheme that: “it is clear that the UK Government is less willing to provide financial support to onshore wind energy than before. However, that shift in policy does not amount to an instruction that such proposals should no longer be permitted. In any event, although energy policy is a reserved matter, climate change and planning policy are not. My role in this proposal is to determine whether planning permission should be granted. Therefore while I have had regard to UK energy policy and to the evidence of performance against binding European targets, I have also had regard to Scottish climate change and planning policy and to Scottish targets….”. 5.4 Scottish Government Policy and Renewable Energy Generation Targets 5.4.1 In recent years there has been a large number of Scottish Government policy documents (as well as statute) on the topic of climate change and renewable energy. In this section the following documents are referred to, with key policy objectives and targets highlighted:  The 2020 Routemap for Renewable Energy in Scotland (2011);  The Electricity Generation Policy Statement (2013);  The 2020 Routemap for Renewable Energy in Scotland – Updates (2013 & 2015); and  The recently published draft Climate Change Plan, draft Energy Strategy and Onshore Wind Policy Statement (2017).

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The 2020 Routemap for Renewable Energy in Scotland (2011) 5.4.2 The Scottish Government published the 2020 Routemap in July 2011. The Executive Summary states that “The Routemap for Renewable Energy in Scotland 2011 is an update and extension to the Scottish Renewables Action Plan 2009 ... This updated and expanded Routemap reflects the challenge of our new target to meet an equivalent of 100% demand for electricity from renewable energy by 2020” (page 3). The Routemap is therefore an important Scottish Government policy document. 5.4.3 The Executive Summary concludes by stating that “Across all scales of renewable generation, from householder to community to large-scale commercial schemes, the Scottish Government is working to make Scotland the renewables powerhouse of Europe. The benefits are not only in terms of energy generation and future security of supply, but can underpin our economic recovery over the next decade and beyond. This Routemap for Renewable Energy in Scotland sets out how we can meet our challenging targets in harmony with the local environment and make a wider contribution to emission reductions through the displacement of fossil fuel generation” (page 8).

5.4.4 Chapter 1 of the Routemap is entitled ‘Scotland’s renewables ambition and paths to delivery’. It states that the renewables target of 100% equates to the equivalent of c.16 GW of installed capacity which “is based on the fundamental wealth of renewables resource available, our analysis of deployment trajectories on the onshore side…and our concerted efforts to ensure a supportive policy framework for growth” (page 17). 5.4.5 The Routemap also provides an increase in the Scottish Government’s overall renewable energy target to 30% by 2020. Importantly, the Routemap states that “The successful delivery of the capacity required to deliver the equivalent of 100% of Scottish electricity consumption will demand a significant and sustained improvement over the deployment levels seen historically” (page 26). 5.4.6 Chapter 3 of the Routemap provides a specific routemap for ‘Onshore Wind’ and is entitled ‘Sectoral Routemaps’. The introduction notes that: “The Government is committed to the continued expansion of portfolio of onshore wind farms to help meet renewables targets …Onshore wind turbines can make a very large contribution to the progress to Scotland’s renewable electricity target, and help establish Scotland’s reputation as rapidly becoming the green powerhouse of Europe thanks to its underlying political commitment to make it happen” (page 66). The Electricity Generation Policy Statement (2013) 5.4.7 The Scottish Government published the Electricity Generation Policy Statement (“EGPS”) on 28 June 2013. It states at paragraph 1 (Executive Summary) that electricity generation and the economic and environmental benefits which could arise from a shift from fossil fuel generation to a portfolio comprising renewable and cleaner thermal generation are matters of considerable importance to the Scottish Government. 5.4.8 The EGPS examines the way Scotland generates electricity and considers the changes necessary to meet the various targets in the sector set by Government. Paragraph 2 states that the report is built upon a sustainable, low carbon vision of Scotland’s energy future and it states “the need for a rapid expansion of renewable electricity across Scotland…”. 5.4.9 Paragraph 8 states that the report will assist the Scottish Government to comply with further statutory requirements under the Climate Change Scotland Act 2009. It also reiterates in paragraph 9 that the Government is committed to securing the transition to a low carbon economy, which is one of the six ‘strategic priorities’ laid out in the Government’s Economic Strategy.

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5.4.10 The report summarises the Scottish Government’s targets and these are set out as inter alia:-  Delivering the equivalent of at least 100% of gross electricity consumption from renewables by 2020 as part of a wider, balanced electricity mix;  Enabling local and community ownership of at least 500 MW of renewable energy by 2020;  Seeking increased interconnection and transmission upgrades capable of supporting projected growth and renewable capacity. 5.4.11 The report highlights that these targets underpin the Government’s vision of a stable and desirable future generation mix for Scotland, built around the following key principles (paragraph 4):  a secure source of electricity supply;  at an affordable cost to consumers;  which can be largely de-carbonised by 2030; and  which achieves the greatest possible economic benefit and competitive advantage for Scotland including opportunities for community ownership and community benefits. 5.4.12 Paragraph 14 states that the 2020 target: “is a challenge – to the energy supply sector, to our renewable industry and innovators and to Scotland’s communities; it is both a statement of intent and a rallying call, embodying our firm belief that Scotland can and must exploit its huge renewables potential to the fullest possible extent – to help meet demand here and in Europe. It is as much about the value and importance of the journey as it is about the destination”. 5.4.13 Paragraph 17 states that the Government estimates that the 100% target will require around 14-16GW of installed capacity to be deployed. 5.4.14 Page 11 of the report explains that the UK target is to produce 15% of all energy from renewable sources and an estimated 30% of electricity from renewable sources by 2020 and that this: “will require connection to Scotland’s vast energy resource and we will continue to work to connect Scotland to an ever more integrated UK and EU market”. 5.4.15 The report cross refers to the 2020 Routemap for renewable energy in Scotland. Paragraph 32 reiterates the EU context and states that Scotland has the potential to make a “major contribution to the EU’s overall renewables target”. The 2020 Routemap for Renewable Energy in Scotland – Update (2013) 5.4.16 The Routemap Update was published on 19 December 2013. The Ministerial Forward states that “Renewable energy is a central element of a strategy for a successful Scotland. Scotland’s vast renewable energy resources create major job and investment opportunities and – as part of wider common balanced energy mix – will deliver secure, low carbon and cost effective energy supplies” (page 3) The 2020 Routemap for Renewable Energy in Scotland – Update (2015) 5.4.17 A further Routemap Update was published on 17 September 2015. The report provides statistics on deployment of renewables and provides sectoral updates. Page 13 states that “onshore wind has a pivotal role in delivering our 2020 renewables targets…”.

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The Chief Planner Letter to All Heads of Planning (November 2015) 5.4.18 A letter from the Scottish Government Planning and Architecture Division to all Heads of Planning entitled ‘Energy Targets and Scottish Planning Policy’ was published on 11 November 2015. 5.4.19 It sets out that despite some changes to UK policy, the Scottish Government’s policy remains unchanged and that it “supports new onshore renewable energy developments, including onshore wind farms and particularly community owned and shared ownership schemes”. Importantly, it adds that “this policy support continues in the situation where renewable energy targets have been reached”. 5.4.20 In the letter, the Chief Planner re-emphasises that the Scottish Government’s SPP (2014) and Electricity Generation Policy Statement (2013) set out the Scottish Government’s current position on onshore wind farms. With regard to the 100% of gross electricity consumption from renewables target by 2020, it adds that the target is a statement of intent and that it is known that Scotland has the potential resource to deliver and exceed it. The letter adds that there is no cap on the support for renewable energy development, including onshore wind once the target has been reached. 5.4.21 Chapter 6, below, sets out further information on the Applicant’s approach to shared ownership. The Heads of Planning Letter emphasises the importance of the opportunity presented by shared ownership. Whilst it highlights that ownership per se of any development is not a ‘material consideration’, paragraph 169 of SPP makes it clear that socio economic benefits “are relevant material considerations in the determination of planning applications for renewable energy applications”. The Heads of Planning Letter makes it clear that “it is our expectation that such considerations are addressed in the determination of applications for renewable energy technologies”. 5.4.22 The letter makes specific reference to the Government’s related guidance on ‘Good Practice Principles for Shared Ownership’ and states that the guidance is designed to assist Planning Authorities communities and developers “in considering a shared ownership renewable energy project within the planning system”. 5.5 Progress to the Scottish 2015 and 2020 Targets Renewable Energy 5.5.1 The Scottish Government’s related target is to achieve 30% of total Scottish energy use from renewable sources by 2020. The Government’s recently published draft Scottish Energy Strategy states at paragraph 98 that indicative figures show that “we are halfway to this target, with 15% of energy from renewables in 2014”. Renewable Electricity 5.5.2 As noted above, the ‘2020 Routemap for Renewable Energy in Scotland’ published in 2011 states that the 2020 target of delivering the equivalent of 100% of Scottish electricity consumption from renewables will demand a significant and sustained improvement over the deployment levels seen historically. 5.5.3 The 2020 100% electricity target equates to around 16GW of installed renewables capacity. 5.5.4 The Scottish Government estimates that in 2015, renewable sources generated the equivalent of approximately 59.4% gross electricity consumption22. This is illustrated in Figure 5.2 below.

22 The Scottish Government, draft Energy Strategy (2017), paragraph 98.

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Figure 5.2: Electricity Generated (GWh) from Renewable Sources, Scotland, 2000-2015

Progress against the 2020 Renewable Electricity Target 5.5.5 Figures released from the Scottish Government23 show that as of March 2016, Scotland had 8.3 GW of installed (operational) renewable electricity generation capacity, with an additional 6.6 GW of capacity either under construction or consented. Figure 5.3 below illustrates Scotland’s renewable capacity by stage in the planning process.

23 The Scottish Government ‘Energy Statistics for Scotland’ (December, 2016).

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Figure 5.3: Renewable Capacity in Scotland by Planning Stage, as of September 2016

5.5.6 Figure 5.3 illustrates that there remains a significant shortfall against the Scottish 2020 renewable electricity generation target as the ‘operational’ and ‘under construction’ figures together only amount to 10.4GW. The proposed development would make a valuable contribution to what remains an unmet and uncapped target. The 2020 target is c.16GW. 5.5.7 As explained above, there also remains a significant shortfall against the UK targets for 2020 in terms of renewable electricity and energy generation, to which the proposed development would contribute. 5.6 The Scottish Government Climate Change Plan (2017) 5.6.1 The Scottish Ministers committed in 2016 to cut carbon dioxide emissions by 80% by 2050 with a new interim target of 50% by 2020. The previous interim target of 42% was attained in 2014. The Government has been clear in setting out that the sectors responsible for most emissions are energy, transport and agriculture and although significant progress has been made in decarbonising the energy sector (in particular with the closure of Scotland’s last coal fired power station at Longannet) the Climate Change Committee has stated that stronger policies are needed in a new Climate Change Plan and that little progress had been made in reducing emissions from transport and agriculture. 5.6.2 Against this background, on 19 and 24 January 2017 the Scottish Government published three energy policy documents, namely:  the draft Climate Change Plan;  the draft Scottish Energy Strategy ‘The Future of Energy in Scotland’; and  the Onshore Wind Policy Statement. 5.6.3 Together, these three policy documents represent the Government’s intended energy and climate change strategy for the period to 2050. The documents have been issued for consultation purposes

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with a closing date set as 30 May 2017. Some of the specifics within the documents are potentially subject to change as a result of the ongoing consultation therefore it would be fair to place only limited weight on these specific matters. However, insofar as the documents contain clear reaffirmation of existing policy and new policy direction these are matters against which it is submitted significant weight can be placed. 5.6.4 In light of the importance of these documents, they are referred to in turn below in terms of their key content. 5.6.5 The Scottish Government published the draft Climate Change Plan (“CCP”) – ‘the draft Third Report on Policies and Proposals 2017 – 2032 (RPP3)’ on 19 January 2017. It has been laid in the Scottish Parliament under the provisions of the Climate Change (Scotland) Act 2009. 5.6.6 The CCP addresses how the Scottish Government intends to meet its greenhouse gas emission reduction targets from 2017 – 2032. It is subject to a 60 day period for Parliamentary consideration before it will be finalised. 5.6.7 The Ministerial Foreword to the CCP sets out that it, together with the Energy Strategy are rooted in the ambition and vision of Scotland’s Economic Strategy. It adds that to achieve the transformation to a low carbon economy and ambitious carbon reductions in various sectors: “we have developed policies and proposals in the context of the Scottish Government’s wider objectives to create a dynamic, sustainable and inclusive economy. This is a huge opportunity – setting a course that will modernise and transform the economy over the next 15 years while setting us up for almost complete de-carbonisation by 2050”. 5.6.8 Key points in the document can be summarised as follows:  By 2030 Scotland’s electricity system will be wholly decarbonised and supply a growing share of Scotland’s energy needs.  By 2030 electricity will be increasingly important as a power source for heat and transport – as a result the total volume of electricity supplied within Scotland will increase to 2032.  The Scottish Government will not meet the ambitious emissions reductions targets on its own and the private sectors, amongst others has an important role to play.  Following advice from the CCC in 2016 the Scottish Parliament passed legislation setting the third batch of annual targets in October 2016, for the years 2020 to 2032. The targets set an emissions reduction pathway to 2032 and in doing so establish a 2032 target that represents a 66% reduction below 1990 levels.  For the electricity sector, Policy Outcome 1 is that “Scotland’s electricity grid intensity is below 50gm CO2 per kilowatt hour, aided by enhanced flexibility mechanisms and powered by high penetration of renewables, using a range of technologies including onshore wind” amongst others.  The Government will seek that by 2020, at least 1GW of renewable energy will be in local or community ownership.  Section 5.2 refers to the planning system and the current consultation for planning reform. Paragraph 5.2.1 adds “ensuring the planning system supports decarbonisation is another essential element of the Scottish Government’s approach to meeting the statutory climate change target”.

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5.7 The Draft Scottish Energy Strategy (2017) 5.7.1 The introduction to the draft Scottish Energy Strategy (“SES”) sets out that the Scottish Government has consistently made better energy provision a guiding objective and that the Government’s approach has placed Scotland at the forefront of the challenge to decarbonise the global economy. Paragraph 3 sets out that the SES seeks to build on these strengths and that it explores choices faced, against the requirements of:-  The continued, sustainable and inclusive growth of Scotland’s economy; and  Long term sustained decarbonisation – as set out by Scotland’s 2050 climate change targets. 5.7.2 Paragraph 4 sets out that the SES as a companion to the draft CCP is: “designed to provide a long term vision to guide detailed energy policy decisions over the coming decades. The forecasts and targets set out here are consistent with the ambitions laid out by the Climate Change (Scotland) Act 2009. Driven by the same ambition, the publication of the draft Climate Change Plan and this draft Energy Strategy reinforce our position in the vanguard of the international move towards a low carbon future”. 5.7.3 Paragraph 5 sets out that taken together, these statements “shape action to deliver: a modern, integrated, clean energy system… and a strong, low carbon economy – sharing the benefits across our communities, reducing social inequalities and creating a vibrant climate for innovation, investment and high value jobs”. 5.7.4 Paragraph 33 acknowledges that since the UK General Election in 2015 there have been substantial negative changes for “key renewable energy technologies arising from UK Ministers’ decisions”. This clearly relates to Westminster decisions to cut all new financial support for onshore wind energy and to implement highly restrictive planning policy changes in England against any further deployment of onshore wind. By way of contrast, the Scottish Government sets out that: “notwithstanding these changes, by 2015, renewable energy and its associated infrastructure is now a major industrial sector in its own right, helping to sustain economic growth and employment and of 14,000 jobs in Scotland. Renewable energy also generated £5.4 billion in turnover in Scotland, or 18.3% of the total UK turnover in this important sector”. 5.7.5 References to UK Government policy are continued at paragraph 51 et seq and at paragraph 54 it is set out that “it is now more important than ever that the Scottish Government sets its own vision for energy, with clear priorities and ambitions for future energy provision, articulating the opportunities for existing and emerging sectors within that system”. 5.7.6 Chapter 3 of the SES sets out the Government’s 2050 vision. This includes the following objectives:-  “Scotland has achieved almost complete decarbonisation of the energy system – in line with domestic and international climate change targets – with the equivalent of half of all energy consumed delivered from renewable sources by 2030;  Scotland is a world leader in renewable and low carbon technologies and services.” 5.7.7 Paragraph 66 sets out that the SES focuses on five priorities, one of which is “increasing renewable energy generation”. 5.7.8 Paragraph 92 adds: “the Scottish Government is committed to supporting the continued growth of the renewable energy sector in Scotland, as a key driver of economic growth and an essential feature of the future energy system”.

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5.7.9 Paragraph 95 confirms that 59.4% of Scotland’s electricity consumption came from renewable sources in 2015. As noted above, the 2020 target is 100%, therefore there remains a considerable shortfall in relation to this target. 5.7.10 Paragraph 96 adds that “Scotland’s natural renewable have an important role to play in contributing beyond the borders of Scotland, and can contribute cost effectively to decarbonising the wider – GB and European energy system.” 5.7.11 Paragraph 98 also makes reference to the Government’s existing target of seeking to obtain 30% of all energy from renewable sources by 2020. It adds that the latest figures show that the country is only half way towards this target with only 15% of energy from renewables in 2014. 5.7.12 Paragraph 99 sets out that the given the climate change targets required to complete decarbonisation of the electricity sector “with a significant contribution from renewables” – it is anticipated that this will require between 11 and 17GW of installed renewable capacity by 2030. Reference is made to the progress that requires to be made in the heat and transport sectors. Clearly if these sectors do not deliver the required scale of carbon reduction then the electricity sector may need to make up shortfalls. 5.7.13 Page 40 of the SES sets out opportunities for the onshore wind sector and states that onshore wind currently provides the lowest cost renewable electricity at scale, and that to support the future development of the sector in Scotland the Government will inter alia:-  Consult on a range of factors influencing the next phase of onshore wind (this is referred to in the accompanying Onshore Wind Policy Statement); and  Work with industry to meet the challenge of delivering onshore wind without subsidy, including the scope for use of public sector and corporate Power Purchase Agreements. 5.7.14 Paragraph 109 adds that given the continued uncertainties over UK revenue support (the Contracts for Difference scheme (“CfD”)) means that the future deployment of renewable electricity technologies in Scotland is jeopardised. Paragraph 110 acknowledges that whilst onshore wind is the lowest cost renewable electricity technology, new projects now face a highly uncertain route to market. 5.7.15 Overall, the SES contains unambiguous policy support for the further development of onshore wind – it is the technology that has an important role in helping to deliver the overall Strategy for the period out to 2050, and in terms of contributing to the Government’s existing target for 2020, but also the new stretching targets that look out to 2030 and 2050. 5.8 The Onshore Wind Policy Statement 2017 5.8.1 The Onshore Wind Policy Statement (“OWPS”) has been published alongside the CCP and SES. Chapter 1 sets out the Government’s “case for onshore wind”. The statements in this section of the document are not subject to consultation and form the Government’s policy position. Key points are as follows. 5.8.2 The first paragraph sets out that onshore wind is essential to Scotland’s transformation “to a fully decarbonised energy system by 2050 and brings opportunities which underpin our vision to grow a low carbon economy and build a fairer society”. 5.8.3 It adds that the statement “reaffirms the Scottish Government’s existing onshore wind policy set out in previous publications” and it seeks views on a number of issues related to supporting the sector. The priority areas referred to in the document include:  Route to market;  Re-powering;  Developing a strategic approach to new development;

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 Barriers to deployment;  Protection for residents and the environment;  Community benefits; and  Shared ownership. 5.8.4 Page 1 sets out that the current policy is “to support deployment of onshore wind, whilst protecting the environment (landscape and visual, ecological and other environmental impacts), protecting residential amenity, and maximising local benefits, including through promoting shared ownership and community benefits.” 5.8.5 The Government’s case also states that:  The Scottish Government wishes to make full use of its devolved powers to promote investment in appropriately sited onshore wind;  The Scottish Government will continue to support further development of onshore wind in order to achieve the targets set by the Climate Change (Scotland) Act at the lowest cost; and  Onshore wind offers low carbon renewable electricity at scale and sustains growth and employment in the Scottish supply chain. 5.8.6 Chapter 2 of the OWPS refers to the matter of route to market and as referred to in the SES, acknowledges that for many projects this is a matter of significant uncertainty. The document highlights the challenge set out in the Energy Strategy, set by Government, namely “a challenge to industry to develop in Scotland the UK’s first commercial wind farm without subsidy”. 5.8.7 It adds “securing a route to market for onshore wind of all scales is a priority of the Scottish Government; we want to ensure that Scotland continues to offer the right conditions for efficient, well sited onshore wind developments”. 5.8.8 The statement adds on page 3 that the economic benefits to Scotland from onshore wind are considerable and in terms of large scale wind, it highlights again that given the closure of the Renewables Obligation early and the fact that CfD will not be allocated to onshore wind (as a result of Westminster Government policies), this means that although Scotland does have a significant pipeline of consented projects “without some method of stabilising price, developers may not be able to plan and build a viable project”. This is a risk facing many consented developments – however the proposed development is a viable development on a site with an excellent wind resource, which is essential for the delivery of new onshore wind developments in light of the above statement. 5.8.9 The remaining parts of the document set out different options for the future of the deployment of the technology related to a number of specific issues. These specific issues include matters such as whether there should be a strategic approach to wind energy siting, whether there can be a different approach to routes to market and there are specific questions in relation to community benefits and shared ownership etc. 5.8.10 No significant weight can be placed upon the specific options set out in the document, however, the introductory sections of the document setting out the Government’s case for onshore wind and the position in terms of route to market uncertainty are not up for debate in the consultation, and significant weight can be placed upon these Government statements.

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5.9 Conclusion on Renewable Energy Policy 5.9.1 The EU, UK and Scottish Government renewable energy policy documents, and associated renewable energy and climate change targets all provide considerable support in favour of renewable energy development. Such targets and policies provide the basis of the need case for the proposed development. 5.9.2 The proposed development would aid the realisation of policy objectives and would make a significant contribution to the respective unmet EU, UK and the Scottish 2020 and 2030 renewable energy and electricity targets, as outlined above. 5.9.3 There is therefore a strong policy drive at the International, UK and Scottish levels to continue to develop renewable energy and to combat the effects of climate change. International and national commitments have been made to address the effects of climate change and to achieve greater security in the domestic supply of energy. 5.9.4 Furthermore, with the closure of Longannet coal-fired power station in 2016, which had an installed capacity of 2,400 MW, it is important that additional electricity generating developments are consented in the interests of maintaining energy security. The security of energy supply is recognised as a crucial matter within the UK Renewable Energy Roadmap (as updated) and the 2020 Routemap for renewable Energy in Scotland 2011 (as updated). 5.9.5 The proposed development, with an installed capacity of approximately 147 MW, would make a significant contribution to Government policy objectives and unmet targets thereby implementing Government policy which encourages more electricity generation from renewable sources. As the Scottish Government makes clear in the Roadmap Update of September 2015, onshore wind is seen as being “pivotal” to the attainment of the Government’s 2020 targets. 5.9.6 A helpful position on energy policy was concisely summed up by the Reporter in the Corlic Hill Wind Farm Appeal Decision (17 May 2016) where in setting out overall conclusions he stated at paragraph 195 of the Decision Notice: “the most significant positive aspect of Appeal proposal is the contribution it would make to the delivery of low carbon energy. The output of the proposed wind farm is estimated at between 16 and 24 megawatts, which represents a valuable contribution to Scottish, UK and international targets for greenhouse gas emission reduction and the use of renewable energy. It would also potential assist in providing greater of security of supply in the Scottish energy market by potentially displacing imported energy. These benefits are clearly recognised in SPP. Indeed, one of its four planning outcomes, which set out how the planning system should support the Government’s vision, is a reduction in carbon emissions. I have given this benefit of the scheme significant weight”. (underlining added) 5.9.7 For the first time (January 2017), the Scottish Government has published related climate change and energy policy statements. The draft Climate Change Plan, draft Energy Strategy and the Onshore Wind Policy Statement represent what can fairly be said to be a landmark integrated policy position. The direction of policy is unambiguously clear and it “nests” into the Government’s related objectives for ambitious carbon reduction by 2030 and 2050. To achieve these targets the Government has restated its case for strong support of onshore wind deployment. These very recent documents taken together form an important material consideration. 5.9.8 In terms of weight to be placed on the OWPS and the CCP and SES, it would be wrong simply to dismiss them as either worthy of only limited weight or simply as restating existing policy. The documents are clearly meant to be considered as an integrated suite of documents, and there are parts of them worthy of significant weight.

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5.9.9 There are some clear statements of current Government policy which are worthy of significant weight, which can be distinguished from those matters which are the subject of options and question topics for consultation. Particular emphasis can be placed on the OWPS document’s own emphasis on “securing route to market” in the context of this proposal being subsidy free. A key new Government objective is to “…meet the challenge of delivering onshore wind without subsidy” – the proposed development would attain that objective and at the same time, would be able to offer community benefit payments and shared ownership. This is a matter which is directly relevant to the Development and is also market reality. The document also emphasises the national importance of contributions that wind farms can make and it is inherent that such contributions will come from a conglomeration of wind farms, not specific ones or just the very largest. It is also the case that many consented wind farm developments are likely not to progress because of the current subsidy free context – this adds further weight to the importance of new viable projects that are viable in those challenging circumstances. 5.9.10 The renewable energy policy framework is an important consideration and one that should attract significant weight in the balance of factors in the determination of the application.

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6 The Benefits of the Development

6.1 Summary of the Benefits of the Development 6.1.1 There are a number of benefits that would arise from the Development. The benefits are summarised below:  The Development would contribute to the attainment of the UK and Scottish Government policies of encouraging renewable energy developments; and in turn contribute to the achievement of UK and Scottish Government targets for renewable electricity generation. The Development, with an installed capacity of approximately 147 MW, would make a valuable contribution to such unmet targets. The Government has confirmed its long term commitment to the decarbonisation of electricity generation and the proposal would help advance this policy objective.  Furthermore, the UK legally binding target of 15% of energy to come from renewables by 2020 (and the Scottish Government target of 30% by 2020) remain major challenges. At the end of 2015, renewable energy accounted for only 8.3% of energy consumption in the UK and 15.2% in Scotland against these respective targets. Energy policy is an important material consideration in this case and should be afforded significant weight in favour of the Development.  Given the wind resource on the Development Area (a capacity factor estimated at 36%), the potential electricity generation will be of the order of 343,242 Mega-Watt Hours (“MWh”) per annum. The wind farm will make an important contribution to Scotland's 2017-2032 Climate Change Plan’s renewable energy target of “wholly decarbonised electricity supply” by 2030 without Government subsidies due to its excellent wind resource.  The generation of electricity which would be sufficient to provide electricity to power the equivalent of 78,852 households, in terms of their electricity consumption per annum.  A positive and valuable contribution towards the UK and Scottish Government’s climate change objectives. Use of the carbon calculator24 with best estimate values, based on available information, indicates that the Development would ‘pay back’ the carbon emissions associated with its construction, operation and decommissioning between 12 and 36 months, with 12 months being the most likely scenario.  A capital expenditure of £216 million. Annual operations and maintenance expenditure is estimated at £8.8 million.  The estimated economic impact of construction in the regional area is £35 million and 279 job years, and in the local area of £3.4 million and 29 job years. Operations and maintenance employment is estimated as 7 jobs in the local area and 33 in the regional area.  It is estimated that the total rateable value would be £2.7 million and that the Development could contribute £1.3 million annually to public finances. Over 25 years, this figure would be £33.6 million.  Enhanced local access facilities for walking and mountain biking.  The ES identifies that there is scope for widespread habitat enhancement which could be tailored to benefit birds, particularly raptors and waders. Two distinct elements of the OCMP are proposed, one focused on habitat enhancement measures within the Development Area and one involving the provision of funding to deliver a regional Project Officer. Proposals for management measures within the Development Area include management of wet modified bog and blanket bog, management of

24 The Scottish Government (2016), Carbon Calculator Tool Version 1.0.1.

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dry heath, and management of riparian woodland, including planting of up to 297 ha of native riparian planting.  The Project Officer role would be funded for 10 years by the Applicant, with their work guided by an advisory board made up of key stakeholders in relation to Hen Harrier Conservation and land management. Whilst the scope of the officer will be flexible to ensure they are able to adapt to changes in the requirements of the role, it is expected that it will involve monitoring, research, implementation of management plans and education and engagement. A key benefit of this long term programme will be an enhanced understanding of the population dynamics of the hen harrier population breeding and wintering in Southern Scotland. Overall, it is considered that there would be no net detriment in nature conservation terms: rather there would be a net benefit  Up to 297 ha of native riparian planting is proposed as part of the Development. Part of this area would include the 36.61 ha Compensatory Planting Obligation, however the remaining area will represent new woodland cover, resulting in a significant net expansion of woodland.  A community benefit of £5,000 per MW installed. This would provide an annual income of up to £735,000 for local communities: equating to a total of £18.4 million – a substantial sum for rural communities. This is not a material planning matter.  A commitment and proposal for shared ownership, which is a material planning matter – this is referred to in detail below. 6.1.2 The socio-economic analysis set out in the ES highlights a number of key local issues focused on a legacy of poor opportunities in the local economy, compounded by a relatively narrow business base and high numbers of people who commute for higher paid work elsewhere. 6.1.3 Small local businesses have been struggling as much of the locally earned money is spent outside of the area, and this has occurred at the same time as declining visitor footfall. This has contributed to young people migrating out to seek higher paid work, and the population is becoming increasingly older, with additional demands on housing. An aging population and out-migration of young people raises issues for local employers in filling vacancies, and reduces the pool of people able to volunteer, which creates volunteer fatigue. 6.1.4 These problems are compounded by poor local broadband and transport infrastructure, as well as few accommodation providers and retail stores. It was also identified that local businesses need to be supported to grow and funding for rural communities can be an issue. Based on this information the ES summarises that the Local Area:  Has an older population than the Scottish average, with a lower proportion of the working age and under 16 populations, with many young people finding it difficult to find employment in the region and migrating out;  Has lower economic activity and higher unemployment than the Scottish average for comparable years;  Has employment is concentrated in the sectors of health, education, retail, and accommodation and food services. The business base is relatively narrow; and  Is underrepresented in high value sectors such as manufacturing, professional services and information and communication. 6.1.5 It is considered important to view the proposed benefits of the Development against this socio-economic backdrop. As explained earlier in this Planning Statement, the Development is part of a wider renewable energy and land use strategy that can deliver social, economic and environmental benefits on a large scale. The Development reflects the latest stage in a series of renewable energy

North Lowther Energy Initiative Planning Statement

developments between 2020 Renewables and Buccleuch Estates. There is unlikely to be any other form of economic development or land use which will come forward in the short or medium terms which can deliver and sustain this level of benefit: in an area that is clearly in need of rural socio-economic and environmental regeneration. 6.2 Shared Ownership 6.2.1 The Scottish Government has an updated shared ownership of energy target of 1 GW by 2020 and 2GW by 2030. In addition, by 2020, the Scottish Government wishes to see that at least half of newly consented renewable electricity projects have an element of shared ownership included. 6.2.2 NLEI Ltd has held initial discussions with the Upper Nithsdale Trust, representing Royal Burgh of Sanquhar, and Kirkconnel and Kelloholm Community Councils regarding shared ownership. The Trust has expressed an interest in investing in the Development on a shared ownership basis. NLEI has committed to further discuss the opportunity for shared ownership with the community as the Development proceeds. 6.2.3 Shared ownership is different from Community Benefit payments: the latter are generally held to be not a material consideration in s.36 applications. 6.2.4 The Scottish Government published a policy document entitled ‘Good Practice Principles for Shared Ownership of Onshore Renewable Energy Developments’ on 15 September 2015. The document sets out at Section 1 that the Scottish Government wishes to see all renewable energy projects making an offer of shared ownership where appropriate. It adds that making an offer of shared ownership is encouraged as good practice and including an element of shared ownership “can be reflected in a planning application through indirect economic and social impacts” (Page 7). 6.2.5 Section 5 of the document deals specifically with ‘shared ownership and the planning system’ and sets out that “net economic benefit is a material planning consideration as detailed in SPP”. 6.2.6 It adds: “by creating a clear link between shared ownership and the resulting socio-economic impacts which are a material consideration, projects may benefit from the emphasis on community participation compared to a project of similar environmental impacts”. 6.2.7 References are made to paragraph 29 and 169 of SPP emphasising that net economic benefit is a material planning consideration. It adds where a resulting benefit to a local community is quantifiable, this can be presented in a planning application. It adds: “where developers are exploring a shared ownership opportunity but have not identified an appropriate partner group, the intention for shared ownership can be outlined in a planning application”. 6.2.8 The recently published ‘Onshore Wind Policy Statement’ also refers to shared ownership in section 8. It sets out that “The Scottish Government wants to see a significant increase in shared ownership of energy projects in Scotland, putting energy into the hands of local communities and, through this, ensuring all stakeholders stand to benefit from greater partnership working in bringing forward renewable energy projects”. 6.2.9 The document makes it clear on page 27 that the local economic benefits that flow from shared ownership are material matters to be taken into account in planning determinations. The document cross refers to the Chief Planner’s Letter (referred to in Chapter 5) which states:- “in November 2015, the Chief Planner issued a letter to Heads of Planning Scotland which stated that the local economic benefits earned from shared ownership can be considered as a material consideration in the planning system”. 6.2.10 Given future barriers to conventional funding, the benefits arising from the proposed development present a unique opportunity to meet local development aspirations. These will help secure the economic and social development of the local community.

North Lowther Energy Initiative Planning Statement

6.2.11 The Scottish Government has also set a new target of community ownership and this is referred to in the new Policy Statement which states on page 28 “shared ownership will also be key in helping to meet our new targets of 1GW community and locally owned energy by 2020 and 2GW by 2030. We expect onshore wind to continue to play a vital role in reaching our new targets”. 6.2.12 Significantly, in terms of closing the gap on attaining wind energy targets, the Scottish Government recognises on page 10: “Our policies on shared ownership and community benefits were not in place when many of the early wind farms were consented”. Most of the 1GW can therefore be expected to come before 2020 from schemes such as the Development. 6.2.13 The recent (February 2017) publication ‘Energy in Scotland’ (page 13) cross refers to the Government’s draft Energy Strategy and states that the strategy “reaffirms” our manifesto commitment of new targets to increase the capacity of community and locally owned renewable energy.” It sets out the 1GW target of community and locally owned renewable energy by 2020 and 2GW by 2030. It adds that at least half of new consented renewable energy projects should have an element of shared ownership by 2020. It adds: “The Scottish Government wishes to maximise the benefits for communities from renewable energy, and believes that a community can gain from renewable projects, over and above the energy generated and financial benefits.” 6.2.14 Examples of additional benefits include:  Increased community cohesion and confidence;  Skills development; and  Support for local economic regeneration. 6.2.15 It is clear therefore, that the Scottish Government’s position is that giving the community who will receive the economic benefit a stake in a development, creates a link between the development and the benefits such that they [the benefits] will be relevant considerations to take into account. 6.2.16 Therefore, in the circumstances of this case, there would be additional socio-economic benefits that could arise, not because of some unrelated payment, but because the wind farm could generate income that could flow to the community over the lifetime of the proposed development. In this regard, the approach would be consistent with paragraph 169 of SPP, where it states that a consideration in the assessment of wind energy developments will be net economic impact “including local and community socio-economic benefits….” 6.2.17 The policy document makes it clear that no single model is preferred by the Scottish Government, and open discussion of the available possibilities and benefits is strongly encouraged. 6.2.18 In conclusion, it is considered that the approach to ownership and benefits is consistent with the Scottish Government’s policy approach, which seeks to make it clear that links between ownership and benefits can be relevant considerations in certain circumstances. The recent policy document from the Scottish Government is explicitly clear in stating that this should result in ‘benefit’ to projects in the planning system. 6.2.19 The approach is also very much in line with SPP at paragraphs 29 and 169 which state that in development management, net economic benefit is a material matter to be taken into account. 6.2.20 The Development would therefore result in a wide range of benefits, which should be afforded significant weight when determining the application.

North Lowther Energy Initiative Planning Statement

7 Conclusions

7.1 The Electricity Act 1989 7.1.1 Reference has been made to the statutory context for the application. The Development requires to be considered under the terms of the 1989 Act, in particular the Schedule 9 duties. 7.1.2 Paragraph 3(2) of Schedule 9 to the 1989 Act provides a specific statutory requirement on the Scottish Ministers to have regard to various matters when considering development proposals. The information that is contained within the individual topic sections of the ES documentation for the Development addresses these. It is acknowledged that the Development would give rise to a number of significant landscape and visual effects, however it is considered the landscape is able to accommodate the predicted change. The significant adverse effects that would arise are relatively limited and these need to be balanced against the various significant benefits that would arise. It is considered that the detailed work undertaken for the EIA confirms that the Development is environmentally acceptable. On this basis the Applicant has provided the detailed information which demonstrates how the duties under Schedule 9 of the Electricity Act in this regard. 7.1.3 These duties apply whatever the relevant local policy circumstances expressed through a Development Plan may be. Therefore the approach required in this case is fundamentally different to the approach for planning decisions under s.25 of the 1997 Act. As has been explained, there is no primacy of the Development Plan in an Electricity Act case. Development Plan policies are relevant to understanding in a local context, the generic duties under Schedule 9 to the Electricity Act. 7.2 The Renewable Energy Policy Framework 7.2.1 As has been explained, the proposed development would result in an installed electricity capacity of approximately 147 MW. The resultant environmental benefits that would flow from this in terms of carbon dioxide and other greenhouse gas emission savings have been set out. 7.2.2 It is very important to take into account the renewable energy policy considerations which have been outlined in some detail. Given the scale of the development, it would clearly make a valuable contribution to the attainment of renewable energy and electricity targets at both the Scottish and UK levels. The evidence clearly shows that there remains a considerable shortfall in terms of these targets. 7.2.3 Beyond the specific targets, it is important to remember that these are not capped, and as the Scottish Government set out in its Energy Generation Policy Statement “it is as much about the value and importance of the journey as it is about the destination”. The Government’s position is that Scotland “can and must exploit its huge renewables potential to the fullest possible extent …”. The Development achieves that objective, in a way that results in acceptable environmental effects. It thereby satisfies the national planning policy principle of being the right development in the right place, as set out in SPP. 7.2.4 Reference has been made to very recent Scottish Government publications, namely the draft Climate Change Plan, draft Energy Strategy and the Onshore Wind Policy Statement. These documents, amongst other relevant matters, make it very clear that “securing a route to market for onshore wind of all scales is a priority of the Scottish Government”. The Development is one of increasingly few onshore wind energy projects that is viable on a subsidy free basis– the Government is aiming to meet the challenge of “delivering onshore wind without subsidy”.

North Lowther Energy Initiative Planning Statement

7.3 National Planning Policy & Guidance 7.3.1 NPF3 and SPP set out a strong position of support in relation to renewable energy and renewable energy targets and recognise the significant energy resource that can be realised by onshore wind. This is clearly not at any cost and development continues to be guided to appropriate locations. As per SPP, the Development Area is located within, what is in effect a Group 3 “area with potential for wind farm development” where “wind farms are likely to be acceptable, subject to detailed consideration against identified policy criteria” (SPP, page 39). The proposed development has been assessed against the relevant policy criteria and is deemed to be acceptable. 7.3.2 A further important point in terms of national planning policy is the presumption in favour of development that supports sustainable development: the proposed development draws support from that policy principle. 7.3.3 A new national policy matter is the Government’s policy guidance in relation to shared ownership and how this provides a link such that community socio-economic benefits become material in planning decision making. This is a new and important consideration. It links to the consideration of community socio-economic benefits at paragraph 169 of SPP. The additional revenue generated by the shared ownership proposal could provide the financial resources necessary for the community to achieve local socio-economic and regeneration projects. 7.3.4 Given the Applicant’s proposal and commitment to community ownership, it is a matter that can properly be taken into account as a consideration and weighs in favour of the Development. 7.3.5 The Development can draw significant support from the provisions of both NPF3 and SPP and the Government’s policy in relation to community ownership of renewable energy developments, in particular, onshore wind. 7.4 Overall Conclusion 7.4.1 The UK Government’s objective is to cut carbon emissions whilst also delivering electricity to consumers at the lowest cost. As such, it is large onshore wind sites with excellent wind resource, readily available infrastructure such as a proximate grid connection and limited environmental impacts that are likely to be able to proceed to implementation in an increasingly competitive environment, and therefore contribute to the Scottish Government’s and the UK Government’s targets and policy objectives. The Development is located on such a site. Chapter 6 has set out a wide range of socio-economic and environmental benefits that would arise over and above the renewable energy and climate change advantages that the scheme would deliver. 7.4.2 As set out in the introduction, the Development has been formulated through a carefully considered design and EIA approach and appropriate amendments to the development layout have taken place in response to matters raised by consultees, in accord with the Applicant’s duties under Schedule 9 to the 1989 Act. 7.4.3 The overall conclusion reached is that that the Development satisfies the terms of paragraph 3 of Schedule 9 of the 1989 Act, while also taking into account other policy considerations including those which are relevant in the Development Plan. On this basis, it is respectfully recommended that section 36 consent be given with a direction that deemed planning permission should be granted for the Development.

North Lowther Energy Initiative Planning Statement

David C Bell BSc (Hons) DipUD MCIHT MRTPI Director & Head of Planning JLL 7 Exchange Crescent Conference Square Edinburgh EH3 8LL 0131 301 6720 [email protected]

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