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Greenburn Wind Farm, New Cumnock

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Greenburn Wind Farm, New Cumnock 63 EAST AYRSHIRE COUNCIL PLANNING COMMITTEE - 25 September 2020 Report by the Interim Head of Planning and Economic Development, Economy and Skills APPLICATION UNDER SECTION 36 OF THE ELECTRICITY ACT 1989 TO CONSTRUCT AND OPERATE THE PROPOSED GREENBURN WIND FARM AT PROPOSED GREENBURN WIND PARK NEW CUMNOCK. EAST AYRSHIRE (20/0001/S36) Click here for application details: http://eplanning.east- ayrshire.gov.uk/online/applicationDetails.do?activeTab=summary&keyVal=Q9AAD2GF01U0 0 PURPOSE OF REPORT 1. The purpose of this report is to present for the consideration of the Planning Committee under the scheme of delegation a formal consultation from the Scottish Ministers on an application made under Section 36 of the Electricity Act 1989 for a proposed wind farm development on land to the west of New Cumnock and for the Planning Committee to take a formal view on the proposed development. The Section 36 application includes an application for deemed planning permission for the same development under Section 57(2) of the Town and Country Planning (Scotland) Act 1997. RECOMMENDATION 2. It is recommended that the Council objects to the development and that this committee report and the minutes of the Planning Committee be forwarded to the Scottish Ministers as presenting this Council’s formal response to the consultation. 3. In addition, it is also recommended that the Council: Informs the Scottish Ministers that should Ministers be minded to grant consent for the Greenburn Wind Farm, that the Council seeks the conclusion of a Section 75 legal agreement between the Applicant and the Council prior to issue of Section 36 consent and deemed planning permission, or agreement to the satisfaction of the Planning Authority of another arrangement to secure a legal obligation post decision, to include those matters listed within the legal implications section of this committee report, and Informs the Scottish Ministers that should Ministers be minded to grant consent for the Greenburn Wind Farm, that the Planning Authority is to be involved in discussions with the Scottish Government and the Applicant concerning 64 appropriate planning conditions for the deemed planning consent to ensure that the matters noted throughout this report are properly addressed and recognising that such conditions are returned to the Planning Authority for discharge. BACKGROUND AND HISTORY OF APPLICATION 4. The Scottish Ministers are responsible, under Section 36 of the Electricity Act 1989, for the authorisation of any new, or extensions to existing, electricity generation schemes with a generation capacity in excess of 50 Megawatts (MW). As the proposed Greenburn wind farm would have an installed capacity of 67.2MW, East Ayrshire Council has been formally consulted by the Scottish Ministers in terms of Section 36 of the Electricity Act 1989. 5. The Council is a formal consultee in this process. In procedural terms the Council, as Planning Authority, requires to provide a response to the Scottish Ministers. In this regard, the Council in response to the consultation can either: (i) Offer no objections to the Section 36 application as submitted; (ii) Offer no objections subject to the imposition of appropriate conditions and/or legal obligations it considers necessary to make the development acceptable, or (iii) Object to the application, stating the grounds on which objection is made. 6. Should the Scottish Ministers be disposed to grant a Section 36 consent for the Greenburn wind farm, the Applicant has requested that deemed planning consent be granted in terms of Section 57 of the Town and Country Planning (Scotland) Act 1997. A separate application for planning permission would not, therefore, be required for the proposed development. 7. There is no specific history to this application, no previous wind farm applications have been made on this site and other than the general planning history (which is set out elsewhere within this report) there is no discernible history to report. A scoping request (18/0003/S36SCP) was received on 1 November 2018 with the Council’s response to the Energy Consents Unit made on 7 December 2018. APPLICATION DETAILS 8. Site Description: The application site is located wholly within East Ayrshire Council. The site is located on an area of gently sloping undulating land currently a mixture of commercial forestry in the western half of the site and open moorland in the eastern half. The application site abuts former (no longer actively mining) opencast sites, with Netherton on the north-west boundary and Greenburn and House of Water on the southern boundaries. The site will be accessed from Glaisnock Road which generally runs parallel to the A76, and links the B741 in the south to the B7046 in the north. The application site is approximately equidistant from the settlements of New Cumnock (approximately 3.8km to the east) and Cumnock (approximately 3.2km to the north). The site area varies in topography from approximately 260m AOD up to 365m AOD, with higher elevations tending to be located towards the west, north- western areas of the site, at Carsgailloch Hill, with elevation tending to lower towards 65 the east and south-east. The A76 trunk road (Kilmarnock to Dumfries) is located approximately 1.7km north-east of the application site. 9. There are many farms and individual dwellinghouses throughout the vicinity of the application site within this rural area, generally located in easterly and northerly directions, the closest of which is located directly across the road from the proposed site access, at approximately 23m from the site boundary. 10. The proposed wind farm application site falls within two different Landscape Character Types (LCTs) as defined within the East Ayrshire Landscape Wind Capacity Study (EALWCS) and these are LCT 17a: Foothills with Forestry and Opencast Mining and LCT 15: Upland Basin. It should be noted that the majority of the application site, including all but one turbine, falls within LCT 17a with turbine T3 and other associated infrastructure located in LCT 15. 11. Proposed Development: The proposed development comprises 16 wind turbines with a maximum blade tip height of 149.9 metres. Associated with each turbine will be the corresponding foundations, crane hardstandings and electrical plant (which will likely be located within the turbines, although may be housed in external kiosks adjacent to the turbines). The formation of approximately 7km of new access tracks (in addition to 2.4km of upgrading of existing tracks) is proposed. Five new water crossings are proposed along with the possible upgrading of six existing crossings. An estimated 10MW battery storage facility measuring approximately 58m x 40m and 4.2m in height is proposed, alongside a 132kV substation and control building compound measuring approximately 64m x 50m and 6.8m in height. 12. During the construction period, there will also be the following components: two temporary site construction compound areas, including car parking; a borrow pit area of approximately 1.6ha; a 50m micro-siting allowance (increasing to 75m for turbines T1, T2, T3, T6, T9 and T10 – including access tracks serving these turbines), and the felling of approximately 77ha of commercial forestry, although there would be restocking and on-site compensatory planting to compensate for this. 13. There would be a construction period of approximately 20 months, with a proposed operational period of 35 years and an as yet unspecified period for decommissioning, restoration and aftercare. The candidate turbines are assumed to have a rating of 4.2MW, which would equate to an installed capacity of 67.2MW. 14. The proposed turbine delivery route would be from the King George V Dock in Glasgow, travelling south down the M77, before becoming the A77 into Kilmarnock. Vehicles will then travel south-east on the A76, before leaving the A76 at the roundabout just south of Netherthird and travelling southwards on the C36 before joining the U719 and into the site access. 66 CONSULTATIONS AND ISSUES RAISED 15. The Council is a consultee in the Section 36 application process and therefore consultation by the Council is limited to Council departments and associated organisations/consultants. As such, a summary of the wider consultation responses received by the Scottish Government is also included below, as these may be relevant to the view of the Council. 16. Environmental Health – confirm that this service has no substantive comments to make in respect of the application. In respects of potential noise impacts, Environmental Health would defer to the views of the Council’s external consultants, ACCON UK Ltd. 17. Ayrshire Roads Alliance (ARA) – have no objection to the proposed development subject to conditions. Conditions include (but are not limited to): The requirement for the submission of a detailed Construction Traffic Management Plan (CTMP); Any mitigation necessary to the existing adopted road network will require to be carried out under Section 56 of the Roads Scotland Act; No large turbine component movements, cranes or deliveries of materials shall take place at peak school times (08:30-09:30 and 15:00-16:30) unless previously confirmed school transport will not be using the delivery route at these times; Details of and written approval from ARA of mitigation works required on public road verges, street furniture, etc. and works completed at least 1 month prior to the first delivery; Prior to works commencing on site, the Applicant shall undertake a joint condition survey with ARA of routes affected by extraordinary traffic and this survey shall be repeated at intervals as agreed between the parties, and the access road must be tarred appropriately and wheel washing facilities will require to be installed. 18. New Cumnock Community Council (NCCC) – NCCC have agreed a time extension with the Energy Consents Unit (ECU) to provide their comments on the proposed development to the ECU in October 2020.
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