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Report by Executive Director of Economy, Neighbourhood and Environment

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Report by Executive Director of Economy, Neighbourhood and Environment 1 Agenda Item No. 3 REPORT BY EXECUTIVE DIRECTOR OF ECONOMY, NEIGHBOURHOOD AND ENVIRONMENT REGULATORY PANEL: 31 AUGUST 2017 Subject: Application to construct and operate under Section 36 of the Electricity Act 1989 and the Electricity Works (Environmental Impact Assessment) (Scotland) regulations an extension to the existing Hadyard Hill wind farm, south east of Dailly and North East of Barr, South Ayrshire: 15/00453/DEEM, ECU Ref: EC00003118 1. Purpose South Ayrshire Council has been consulted by the Scottish Government, under section 36 of the Electricity Act 1989, on an application by Scottish Southern Energy for the erection of a windfarm and associated ancillary development at Hadyard Hill, The proposal is an extension of the existing Hadyard Hill wind farm and would add 22 turbines to the existing wind farm which comprises of 52 turbines and which became operational in 2006. It should be noted that the Council is not the determining authority for this proposal. This report recommends a response to the Scottish Government. 2. Recommendation It is recommended that the Council: Submits this report to the Scottish Government as an objection to the proposed extension of the Hadyard Hill Wind Farm Approves delegated authority to conclude planning conditions with the energy consents unit should the Scottish Government be minded to grant consent. 3. Background On the 21st April 2015 an application under Section 36 of the Electricity Act 1989 (as amended) was submitted by SSE Renewables Developments (UK) limited on behalf of Scottish Southern Energy Generation Limited for consent to construct and operate Hadyard Hill Wind Extension Wind Farm (Ref: EC00003118). 2 The proposal was for the construction and operation of a windfarm comprising of 31, 3.4MW turbines with an anticipated height at tip of 126.5m and a generating capacity of up to 105.4MW (depending on the specification of turbines) on land to the south west and north east of the current Hadyard Hill Development. Following an initial consultation, representations, that included the Forestry Commission, Scottish Natural Heritage, local community councils and local residents, expressed concern to the proposed impacts of the development. To address the issues raised SSE renewables advised Scottish Ministers that further environmental information would be submitted in the form of an addendum . To do so SSE renewables were granted extensions to prepare this information by February 2017. It was also agreed that South Ayrshire Council would confirm its decision on the proposal, taking into account the proposed amendments, by September 2017. The amended scheme (ES reference Figure 1.1) has resulted in the: A reduction of nine turbines, reducing the proposed development from 31 to 22 wind; The final choice of turbine would be dependent on commercial options at the time of construction but it is proposed that they would be within the dimensional elements of 126.5m tip height, 104m rotor diameter and 74.5m hub height. These are the parameters on which the proposal has been assessed. The maximum rated output of the development has fallen from 105.4 MW (3.4MW per turbine) to 88 MW (based on 4MW turbines). A reduction of approximately 5km of onsite access tracks, reduced from 26km to 21km New access track at the north east of the site leading onto the U027 A reduction in the number of water course crossings Changes to the previous felling plan with a reduction in the area felled The relocation of the metrological mast from Milton Hill to Daljedburgh Hill The application was accompanied by an Environmental Statement prepared in accordance with the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000 as amended by the Electricity Works (Environmental Impact Assessment) (Scotland) Amendment Regulations 2008 (“the EIA Regulations”) Under the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000, Scottish Ministers are required to consider whether any proposal for a generating station is likely to have a significant effect on the environment. These Regulations stipulate that Scottish Ministers must consult the Planning Authority, Scottish Natural Heritage and the Scottish Environment Protection Agency. In reaching their decision, Scottish Ministers have to take into account the environmental information submitted with the Application and supporting Environmental Statement, the representations made by statutory consultative bodies and others in accordance with the Electricity Works (Environmental Impact Assessment) (Scotland)Regulations 2000 (as amended in 2008), Scottish Planning Policy on Renewable Energy, other relevant Policy, Planning Advice Notes, the relevant planning authority's Development Plans and any relevant supplementary guidance. The Connection of the wind farm with the local electricity distribution network would require consent under Section 37 of the Electricity Act, 1989. This would be subject to a separate application. Paragraph 2(2) of Schedule 8 of the Electricity Act 1989 provides that where the relevant planning authority objects to an application Scottish Ministers shall cause a public inquiry to be held. 3 4. Development Proposal Proposal The proposal under consideration now comprises of the following principal components: • 22 turbines, of a maximum tip height of 126.5m with external transformers A hard standing area at each turbine base with a maximum area of 1,600m2 A total 21km of onsite access tracks with associated watercourse crossings Three permanent meteoroligal masts and associated hard standing Up to three temporary metreological masts for the purposes of power performance testing A substation An operations control building with parking and welfare facilities Underground cabling linking the turbines with the substation Construction of a temporary construction compound and laydown areas Construction of a temporary concrete batching plant Up to six borrow pits. As part of the initial enabling works significant forestry felling (313.9ha) would be undertaken and a revised forestry plan also forms part of this current proposal. The applicant anticipates that the main components of the turbines would be delivered to site by road from a port facility (likely to be Ayr) via the A77 and B734. Primary access to the site would be the B734 Old Dailly to Barr road utilising the existing Hadyard Hill wind farm infrastructure as far a possible. In the addendum a new access track at the north east of the site leading onto the U027, allowing cars and light vehicles access and egress from the north is also proposed. The connection of the proposal to the national grid does not form part of the application. It is anticipated that the most likely connection point would be into the electricity grid at the Maybole substation. This connection will be the subject of a separate assessment and consenting process. Application Site The application site is located adjacent to the existing Hadyard Hill wind farm. This was the first operational wind farm within South Ayrshire (commissioned in 2006) and comprises of 52 turbines with blade tip heights of either 100 or 110m. The site is located in a landscape character type classified as “Foothills” comprising a mix of improved /unimproved grassland and commercial forestry. These hills form a distinctive and an important backdrop to the Water of Girvan Valley to the North and the Stinchar valley to the south. The highest point on the site is Craiginmoddie Hill at 382m. The site is drained by a number of small burns which form tributaries to the Water of Girvan to the north and the River of Girvan to the South. Penwhapple reservoir lies adjacent to the site to the west and sits within the existing Hadyard Hill wind farm. The nearest villages are Barr ( 2km to the south), Dailly (3km north), Crosshill (4.5km north), Straiton (6km north east) . Girvan is located 7km to the west of the site. The proposal falls within a designated scenic area. 4 5. Consultations Consultations on this application are undertaken by the Scottish Government, a number of responses were passed to South Ayrshire Council for information. Comments arising from consultation within South Ayrshire Council (department services) are incorporated into the assessment section of this report. The following consultation responses are for noting only. Ayrshire Rivers Trust-No objection Civil Aviation Authority- No objection Scottish Environment Protection Agency- No Objection Forestry Commission- Objection Historic Environment Scotland (HES)- No objection Transport Scotland- No objection Scottish Water- No objection, concerns raised NATS en route- No objection Glasgow Prestwick Airport- mitigation agreement reached (initial objection removed) Marine Scotland Science- No objection Ministry of Defence – No objection Joint Radio Company (JRC)- No objection RSPB- No objection, advisory comment re. Habitat Management Plan Scot Ways- No objection Visit Scotland- No objection- concerns raised Scottish Wildlife Trust-Objection Barr Community Council- Objection Dailly Community Council- Objection Crosshill, Straiton & Kirkmichael Community Council-Objection Pinwherry & Pinmore Community Council- objection Colmonell & Lendalfoot Community Council- objection Public Representations- that include objections/representations from residents at Glengennet, Netherbarr, Dobbingstone Farm, Knockrochar,Lindsayston, Save Straiton for Scotland. The issues raised through the representations were numerous
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