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11/01034/App PLANNING APPLICATION: 11/01034/APP In the event that a recommendation on this planning application is overturned the Committee is reminded of the advice contained on the front page of the agenda for Reports on Applications The Proposal This application seeks planning approval for the erection of 1 no. 800 kW wind turbine, a temporary wind mast and associated works on forestry land at Bluehill Quarry, Craigellachie. The turbine would be a three bladed model, with a rotor diameter of 48m and a base to tip height of 99.6m. The wind mast would be 76m high. Associated works include the construction of concrete foundations for the turbine mast, an associated hard standing, formation/upgrading of an access track and connection works to the grid (to be specified). The Site The turbine would be sited on sloping forestry land (which has been cleared of trees) overlooking the A941 and the River Spey, 1km south of Craigellachie. Occupying an elevated position on the lower north facing slopes of Blue Hill it would be readily visible from the River Spey valley, surrounding countryside and the road network within the area. The site is located within an Area of Great Landscape Value, but is not located within a Preferred Search Area as defined in the Moray Local Plan 2008. It lies within the catchment of the River Spey, which along with a number of its tributaries, has been designated as a Special Area of Conservation (SAC). A number of residential properties lie within the general locality, the nearest being Moor Cottage 430m to the northeast and various dwellings along the southern edge of Craigellachie 850m to the north. Policy / Objections-Representations / Consultations - See Appendix History For the site: None. For the area: 11/01330/APP – Planning refusal to erect 1 no. wind turbine (66.6m to tip) at Fearndearn, Craigellachie (refused on visual impact and landscape character grounds). The site lies approximately 1.4 km to the northeast of the current proposal. A subsequent appeal to the Scottish Ministers against this decision was recently dismissed in July 2012. 11/00310/APP - Planning approval to erect 1 no. wind turbine (20.9m to tip) at Viewfield Farm, Craigellachie. This lies approx. 1.6 km to the north of the current proposal. 10/01947/APP – Planning approval to construct 1 no. wind turbine (28m to tip) at Strathelen, Archiestown. This lies approx. 2.8 km to the northwest of the current proposal. 11/01268/APP – Planning approval to 2 no. wind turbines (27.1m to tip height) at Tombain, Boharm, Craigellachie. These lie approx. 4.8 km to the northeast of the current proposal. 12/00065/APP – Planning application to erect 2 no. wind turbines (45.5m to tip height) at land southeast of Tombain Farm, Boharm, Craigellachie, withdrawn July 2012. These lie approx. 4.9 km to the northeast of the current proposal. 10/00795/APP – Planning approval to erect 1 no. wind turbine (66.6m to tip) at Ardoch Farm, Mulben. This lies approx. 6.8 km to the northeast of the current proposal. 02/02099/EIA – Planning approval allowed on appeal for the erection 21 wind turbines (100m to tip) and 2 wind masts at Hills Of Towie, Knockan And McHattie's Cairn, Drummuir on 2 Feb 2005. These have been erected and are located 6 - 8 km northeast of the current proposal. Advertisement The application has been advertised under neighbour notification procedures and as a departure to the development plan. Observations Section 25 of the 1997 Act as amended requires applications to be determined in accordance with the development plan i.e. the approved Moray Structure Plan 2007 and the adopted Moray Local Plan 2008 unless material considerations indicate otherwise. In this case the main planning issues are considered below. Main determining issues: Relevant development plan policies in this case include 2 (l) and (k) of Moray Structure Plan 2007 and ER1 Renewable Energy Proposals, E7 Areas of Great Landscape Value, IMP1 Development Requirements, EP8 Pollution and T2 Provision of Road Access of Moray Local Plan 2008. Associated guidance includes Wind Energy Policy Guidance 2005, Policy Interpretation Note and Safeguarding Guidance (approved by the Council April 2010 and June 2011), Moray Wind Energy Landscape Capacity Study (approved by the Council in July 2012), Scottish Planning Policy 2010 and Scottish Government web based renewables advice. Landscape and visual impacts: Policy 2 (l) of the Moray Structure Plan promotes “sensitive” renewable energy developments. Policy ER1 of the Moray Local Plan states that commercial wind energy developments should be located within a Preferred Search Area identified in the council‟s Wind Energy Policy Guidance and should also meet specified criteria, including not resulting in unacceptable impacts on the visual appearance and the landscape character of the area, or any unacceptable cumulative impacts. Local Plan policy IMP1 requires new developments to be sensitively sited, designed and serviced appropriate to the amenity of the surrounding area. The site is located within the River Spey corridor, designated as an Area of Great Landscape Value within the local plan and as such is subject to policy E7 Areas of Great Landscape Value (AGLV). This states that proposals which would have an adverse effect on an Area of Great Landscape Value will be refused unless they incorporate the highest standards of siting and design for rural areas, will not have a significant adverse effect on the landscape character of the area, and are in general accordance with the guidance in the Moray and Nairn Landscape Character Assessment. In accordance with the Policy Interpretation approved by the Planning and Regulatory Services Committee on 6 April 2010 to reflect Scottish Government guidance on renewable development (SPP 2010), proposals involving up to three turbines can be considered on merit, depending upon impact on landscape, environmental criteria and any other material considerations (including those detailed within ER1 and IMP1). The interpretation also confirms that cumulative Impact will be a prime consideration. In June 2011, the Council agreed an additional interpretation where a safeguarding distance of 10 x the rotor diameter be applied between residential property and commercial wind turbines to cover issues including noise, shadow flicker, safety, and electromagnetic interference outwith preferred search areas. The Moray Wind Energy Landscape Capacity Study, recently approved by the Council in July 2012, is also a material consideration and provides further guidance for assessing turbines. This divides Moray into a number of Landscape Character types and considers the capacity of each for 4 typologies of turbine (i.e. small, small/medium, medium and large), using a range of sensitivity criteria. The current proposal falls within the category of large typology/turbine (i.e. between 80-130m) and lies within Landscape Character Type 7: Broad Farmed Valley. This encompasses the valleys of the Spey, the Fiddich and the narrower tributaries of Glen Rinnes, Glen Livet and the River Avon and has a varied landscape of steep sided valleys that are well settled, diverse vegetation patterns, broad undulating terraces with side slopes and the landmark hill of Ben Aigen. The landscape type is identified as having a „high‟ sensitivity to large typologies due to their likely significant effects on landscape scale, the setting of settlement and because of cumulative landscape and visual effects that would arise with existing wind farm developments at Hill of Towie, Rothes and Pauls Hill. Given these factors, the guidance indicates that there is no scope to accommodate turbines of this scale within this particular landscape without detracting from its character. Against this policy and guidance background, the main determining issues in this case are the landscape and visual impacts of the proposed turbine, including cumulative impacts, having regard to the site‟s location in an Area of Great Landscape Value (AGLV). The proposed wind turbine, by virtue of its height and elevated position within an attractive sweeping valley and open setting, would appear as a dominant feature within the landscape, particularly when viewed from the surrounding countryside to the north, west and east (as demonstrated by the Zone of Theoretical Visibility Map submitted with the application). Any visual impact in this regard would be exacerbated further by its prominent skyline location at a point along the River Spey corridor where several valleys converge, which is overlooked by numerous properties and to those travelling along the A941 and A95 roads. As such the turbine would appear as an unduly prominent structure that would fail to integrate sensitively with the landscape, the scenic qualities of which are recognised by its designation as a strategically important Area of Great Landscape Value. The resultant significant impact would detrimentally affect the rural character of this part of the countryside to an unacceptable degree and accordingly the application attracts a recommendation of refusal on the grounds of being contrary to policies 2 (l), ER1, E7 and IMP1 and associated guidance, as contained within the Moray Wind Energy Landscape Capacity Study (Approved July 2012). In relation to cumulative impact, operational wind farms in this part of district include the Hill of Towie wind farm (21 x 100 m to tip) 6 – 8 km to the northeast, and the Rothes and Pauls Hill wind farms further afield 12.5 km to the northwest and 16 km to the west. In addition permission has been granted for a single 66.6m high turbine at Ardoch Farm along with numerous smaller turbines at various sites along the A95 corridor to the northeast (some of which are now operational). The proposed turbine taken together with these operational and approved turbines would lead to unacceptable cumulative impacts both sequentially for those travelling along the nearby A95 (and other routes within the wider area) and statically from various vantage points within the surrounding area (to the northeast and northwest).
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