PURPOSE of REPORT Since the Application Has Been the Subject Of

ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 4 FEBRUARY 2014

13/00537/PPD – 5 MALACLATE, ISLE OF NORTH UIST – APPLICATION FOR PLANNING PERMISSION TO INSTALL 3 EVANCE R9000 WIND TURBINES (HUB HEIGHT 15M, HEIGHT OF BLADE TIP 17.75M) Report by Director of Development

PURPOSE OF REPORT Since the application has been the subject of more than six objections, the planning application cannot be dealt with under delegated powers and is presented to Committee for a decision.

COMPETENCE 1.1 There are no legal, financial or other constraints to the recommendation being implemented. SUMMARY 2.1 This is a planning application to erect 3 No. Evance R9000 5kW wind turbines 15m hub height and 17.75m tip height on croft 5 Malaclate, Isle of North Uist. The application site is within the South Lewis, Harris and North Uist National Scenic Area (NSA) and is within the South Clettraval safeguarding area for structures and buildings over 15.2m in height. There are no other pertinent constraints in or around the application site. The nearest residential property is approximately 205m to the south of the application site. 2.2 The siting of the turbines to that now proposed has been the subject of a number of siting amendments to address acceptable noise levels and avoid an impact on Connected Community broadband provision. Further, through negotiation, the hub height has been reduced from 18.75m to 15m with a revised blade tip height of 17.75m. 2.3 Third party objections have been received on various grounds including visual and ornithological impact, impact on the NSA, noise and shadow flicker and that the proposed development is commercial and not domestic. It is concluded that through a reduction in height the visual impact will be more localised and that that there will be no adverse impact on the integrity of NSA. Although the proposal is for three turbines the development is small scale i.e. classed as micro-generation i.e. less than 50KW. Noise impact is deemed acceptable and due to the scale of turbines and separation distance, shadow flicker is not considered likely to be an issue. 2.4 The Comhairle is required to determine planning applications in accordance with the provisions of its Development Plan unless material planning considerations indicate otherwise. The proposal has been assessed against the Development Plan and is considered to accord with its provisions. Material considerations have also been assessed and given due weight. The conclusion, following assessment, is that there are no material considerations that indicate that the Comhairle’s Development Plan should not be accorded priority. RECOMMENDATION 3.1 It is recommended that the application be APPROVED subject to the conditions appended to this Report.

Contact Officer Hannah Morrison Telephone: 01870 604990 Email: [email protected] Appendix 1 Schedule of Proposed Conditions 2 Site Plans and Elevations Background Papers None

REPORT DETAILS DESCRIPTION OF THE PROPOSAL 4.1 This is a planning application for the installation of three Evance R9000 5kW wind turbines. Through negotiation, the hub height of the turbines has been reduced to 15m with a blade tip height of 17.75m. The tower will be galvanized steel and the hub and blades will be grey in colour (RAL 7000). The foundation for each wind turbine will be 3.5m x 3.5m x 1.1m.

4.2 The proposal is located on a croft at 5 Malaclate, Isle of North Uist, within the South Lewis, Harris and North Uist National Scenic Area and within the South Clettraval safeguarding area for structures and buildings over 15.2m in height. The turbines will be sited between the A865 and the Malaclate township road. The most southerly turbine is approximately 200m north of the A865 and 200m from the nearest noise sensitive property.

4.3 The proposal is within the class of Local development within the Planning Hierarchy.

ADMINISTRATIVE PROCESSES 5.1 The planning application by Mr Neil Nicholson, c/o Evance Wind Turbines, Unit 6, Weldon Road, Loughborough LE11 5RN was registered on 5 November 2013.

5.2 The planning application was advertised for public comment in the public notices section of the Stornoway Gazette in the publication dated 14 November 2013 and 24 December 2013 as required by regulations.

ENVIRONMENTAL IMPACT ASSESSMENT (SCOTLAND) REGULATIONS 2011 6.1 The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 (The 2011 Regulations) apply to this proposal. 6.2 The proposed development is Schedule 2 Development – Category: 3 Energy Industry in terms of the 2011 Regulations. 6.3 Having assessed the characteristics and location of the development and the characteristics of the potential impact as set out in Schedule 3 to the 2011 Regulations, Comhairle nan Eilean Siar on 10 December 2013 issued a Screening Opinion stating that in its opinion the proposed development was not considered likely to have a significant impact on the environment and that the submission of an Environmental Statement was therefore not required. PREVIOUS PLANNING DECISIONS RELATING TO THE SITE 7.1 There is no planning history relating to the site.

RESPONSES TO CONSULTATION 8.1 The full terms of the responses to statutory and other consultation by the Planning Authority can be read on file at the Development Department. The following is a summary of those relevant to the determination of the application.

ENVIRONMENTAL HEALTH SERVICE DATED 14 NOVEMBER 2013 8.2 ‘The noise data supplied by the applicants assumes spherical noise propagation, however, the model we follow is based on hemi-spherical propagation. This results in the applicant’s data showing that it will meet the noise criteria whilst my analysis shows that it will be over the limit by almost 1.5dB at certain wind speeds. The readings are over the limits and I would recommend if possible, siting turbine T1 to around NF 79924 74560, which will result in levels only slightly above the criteria (which given the prevailing winds should minimise impact on amenity.’

ENVIRONMENTAL HEALTH SERVICE - DATED 7 JANUARY 2014 8.3 ‘I had suggested he [the agent] move the third one – see attached email [see below]. My understanding was that he was going to move them from the positions you currently have, therefore he may have revised locations for you.’

ENVIRONMENTAL HEALTH SERVICE - EMAIL TO AGENT DATED 9 DECEMBER 2013 8.4 ‘Yours show slightly over at property A which can be accommodated but would be better if they could all be pulled up a bit at: 79948 874520 79959 874502 79974 874480 which seems to provide better protection for all properties.’

ENVIRONMENTAL HEALTH SERVICE - EMAIL TO AGENT DATED 10 JANUARY 2014 8.5 ‘I have identified the 3 nearest properties and if the turbines are located at the points detailed below then the calculations show that levels below the standard noise conditions should be achieved. T1 079950, 874513 T2 079963, 874493 T3 079975, 874475.’

CONNECTED COMMUNITIES DATED 8 NOVEMBER 8.6 ‘…As things stand there is a possibility that the locations of Turbine 2 and Turbine 3 could disrupt the existing broadband services of, up to, four ConCom end user. It is up to the end users to make representation directly with planning. So you may here from them directly. If the development wants to contact us directly, he is welcome to use this email account.’

CONNECTED COMMUNITIES DATED 23 DECEMBER 2013 8.7 ‘As the developer has changed the proposed positions of the Turbines, ConCom would now withdraw their initial objection to this development.’

CONNECTED COMMUNITIES DATED 10 JANUARY (BASED ON AMENDED PLAN NO1 (C)) 8.8 ‘We have already checked using this new information and can confirm that our concerns have been successfully addressed and would now Remove our Objection.’

SCOTTISH NATURAL HERITAGE DATED 18 NOVEMBER 2013 8.9 ‘We do not believe that the installation of three 18m Evance wind turbines at the above location will have a likely significant impact on any natural heritage interests.’

South Lewis Harris and North Uist National Scenic Area 8.10 ‘The proposed development is located within the South Lewis, Harris & North Uist National Scenic Area (NSA) described at http://www.snh.gov.uk/protecting-scotlands- nature/protected-areas/national-designations/nsa/. We judge that the proposal will not have an adverse effect on the integrity of the NSA or the qualities for which it has been designated, given the small scale of the turbines and the presence of utility poles throughout the area which have a similar structure.’

SCOTTISH NATURAL HERITAGE DATED 17 JANUARY 2014 8.11 ‘Thank you for re-consulting us on the modification to the above proposal. We do not believe the installation of three 15m Evance wind turbines at the above location will have a likely significant impact on any natural heritage interests.’

South Lewis, Harris and North Uist National Scenic Area 8.12 ‘The proposed development is located within the South Lewis, Harris and North Uist national Scenic Area (NSA), described at http;//www.snh.gov.uk/protecting-scotlands- nature/protected-areas/national-designations/nsa/. Whilst the turbines are now closer to the A865 the turbine heights have been reduced. Electricity poles are also a distinctive feature within the area and from many viewpoints along the road will be more prominent than the turbines. Based on these considerations our advice remains the same. The proposal will

not have an adverse effect on the integrity of the NSA or the qualities for which it has been designated.’

MOD DATED 27 JANUARY 2014 8.13 ‘…I am writing to tell you that the MOD has no objection to the proposal. The application is for 3 turbines at 17.75 metres to blade tip. This has been assessed using the following grid Ref: T1 079950 874513 T2 079963 874493 T3 079975 874475

8.14 The principal safeguarding concern of the MOD with respect to the development of wind turbines relates to their potential to create a physical obstruction to air traffic movements and cause interference to Air Traffic movements and cause interference to Air Traffic Control and Air Defence radar installations.

8.15 Defence Infrastructure Organisation Safeguarding wishes to be consulted and notified of the progression of planning applications and submissions relating to this proposal to verify that it will not adversely affect defence interests.

8.16 If planning permission is granted we would like to be advised of the following:  The date construction starts and ends;  The maximum height of construction equipment  The latitude and longitude of every turbine.

8.17 This information is vital as it will be plotted on flying charts to make sure that military aircraft avoid this area.

8.18 If the application is altered in any way we must be consulted again as even the slightest change could unacceptably affect us…’

OFCOM DATED 24 DECEMBER 2013 8.19 There are 12 fixed links within 500m of the site.

8.20 OFCOM has been reconsulted on the revised location and a response is awaited.

ATKINS DATED 8 NOVEMBER 2013 8.21 ‘The above application has now been examined in relation to UHF Radio Scanning Telemetry communications used by our Client in that Region and we are happy to inform you that we have NO OBJECTION to your proposal. Please note that this is not in relation to any Microwave Links operated by Scottish Water.’

NATS DATED 11 NOVEMBER AND 23 DECEMBER 2013 8.22 ‘The proposed development has been examined from a technical safeguarding aspect and does not conflict with our safeguarding criteria. Accordingly, NATS (En Route) Public Limited Company (“NERL”) has no safeguarding objection to the proposal.

8.23 However, please be aware that this response applies specifically to the above consultation and only reflects the position of NERL (that is responsible for the management of en route air traffic) based on the information supplied at the time of this application. This letter does not provide any indication of the position of any other party, whether they be an airport, airspace use or otherwise. It remains your responsibility to ensure that all the appropriate consultees are properly consulted.

8.24 If any changes are proposed to the information supplied to NERL in regard to this application which become the basis of a revised amended or further application for approval, then as a statutory consultee NERL requires that it be further consulted on any such changed prior to any planning permission or any consent being granted.’

HIAL DATED 8 NOVEMBER AND 24 DECEMBER 2013 8.25 ‘With reference to the above proposed development, it is confirmed that our calculations show that at the given position and height, this development would not infringe the safeguarding surfaces for Benbecula Airport. Therefore, Highlands and Islands Airport Limited would have no objection to the proposal.’

SCOTTISH WATER 8.26 ‘No objection.’

REPRESENTATIONS 9.1 Representations have been received from the following:  Ms Jean Archer, 2 Ahmor, Lochmaddy, Isle of North Uist;  Mr James MacLetchie, 11 Middlequarter, Sollas, Isle of North Uist;  Mrs Dorothy MacDonald, Taobh an Uillt, 5 Malaclate, Isle of North Uist;  Miss Margaret MacLennan, Mission House, Malaclate, Isle of North Uist;  North Uist Community Council, Balard, Malaclate, Sollas, Isle of North Uist;  Ms Catherine Sheppard, 12 Middlequarter, Isle of North Uist;  Mr Donny MacDonald and Ms Claire Imlah, 5 Malaclate, Isle of North Uist;  C MacCuish, 8 Malaclate, Isle of North Uist;  Mr John Docherty, Creagan Brae, 11 Middlequarter, Sollas Isle of North Uist;  J MacCuish, 9 Malaclate, Isle of North Uist;  Ms Alison Cropper, Tigh a Bhruaich, 11 Middlequarter, Isle of North Uist;  Mr and Mrs Pillans, Creagan Fois, Claddach Vallay, Isle of North Uist;  Mrs S Humphrey, 6 Mishigarry, Sollas, Isle of North Uist;  Ms Marjorie Kerr, Havisgarry, Sollas, Isle of North Uist;  Ms Gina Cropper, 4 Malaclate, Isle of North Uist;  Mr and Mrs Hutton, Oir na Mara, 5 Malaclate, Isle of North Uist;  Mr Donald A Johnson and C M Johnson, Cnoc an Locha, 2 Middlequarter, Sollas, Isle of North Uist;  Mr David T Baterson, 4 Middlequarter, Sollas, Isle of North Uist;  Ms Dolina MacLennan, 6 Malaclate, Sollas, Isle of North Uist;  Mr Andrew Vivers, Arniefoul, Glamis, Forfar DD8 1UD;  Ms Susan Neale, Sollas, Isle of North Uist;  Ms Anne Wilson, 4 An Struan Ruadh, Sollas, Isle of North Uist;  Mr Stephen Paine and Ms Sophie Stewart, 3 Malaclate, Isle of North Uist;  Ms Margaret CK Browning, 1 Middlequarter, Isle of North Uist. 9.2 The full terms of the Representations can be read on the file at the Development Department. However, they can be summarised as follows:  The grid reference for the nearest noise sensitive property and a noise assessment has not been submitted with the application.  It would have a detrimental impact on the Vallay – Leathan Machair which is deemed scientifically to be ‘of the highest international importance’…

 The development is visually intrusive and will result in three 18.4m turbines in a low lying crofting landscape, close to the main road.  The turbines will have a negative impact on Tourism.  The development will have an impact on ornithology including snow owl, geese, snipe, curlew and corncrake. Published figures suggest that a single wind turbine could result in 23 bird fatalities a year. This application could result in 69 bird fatalities a year.  SNH have designated the area as a Special Protection Area (SPA).  The development will cause noise pollution, which could have detrimental affect on the health of the nearby residents.  The development will cause shadow flicker nuisance to a number of households.  The development will impact on the National Scenic Area, and this precludes against such structures being placed in the landscape.  The scale of the proposal is in excess for any individual’s needs and has no community benefit. The development will only benefit ‘Mainland Speculative Companies’ and will not benefit either the community of the local economy. A single turbine supporting the residential property would be supported.  If this development is granted consent it may establish a precedent and many more similar constructions may follow.  The development can reduce house prices for neighbouring properties.  The development will impact on Broadband connections.  The proposal will result in good croft land being used for non-crofting activities.  There are other locations where the turbine would not have such an impact e.g. up towards the low ridge of hills.  It is contrary to CNES policy that ‘development should be in the public interest.  There has been no consultation with or information provided to neighbours on this commercial development to erect three 21.5m towers, which I believe is an infringement of common Interest under the Scots Law statutory right to light (to name just one).  The development will adversely affect crofting livestock and other wildlife.  In August 2013, the United Nations Economic Commission Europe (UNECE) declared that the UK Government’s National Renewable Energy Action Plan (NREAP) violates the laws that transpose the Aarhus Convention into the UK legal framework, in that it is not abiding by Article 7 of the Convention. In particular the public have not been given full access to information on the established unacceptable negative impacts on people and the environment, nor have the public been given decision-making powers over their approval…”  It is thought that Wind turbines cause ill health, sleep problems, still births, birth defects and deaths to animals and humans.  An average wind turbine only produces between 15-28% of its rated capacity over a year. Wind energy is highly subsidised by Government and only benefits a few individuals.  Large areas across Scotland are being sterilised to allow wind farm developments to happen.  Wind turbines do not reduce CO2 emissions.

VIEWS OF THE APPLICANT 10.1 The full details of the views of the applicant can be read on the file at the Development Department. However, they can be summarised as follows:

 The primary function of the turbines is to provide electricity for 5 Malaclate. The development will enable a new house to operate with a low CO2 footprint.  It will save the this young family substantial amounts of money over the 20 year operational life of the turbines, therefore increasing the viability of the croft, and enabling them to raise children in the community.  The estimated energy production of the turbines is matched to the family’s expectation of usage, where the house and croft shed will use electricity as their only energy source, an electric car will provide low cost transport fuelled by renewable energy, and there is the potential for powering an environmentally friendly campsite.  The installation work and construction materials involved in the project are sourced from local businesses and therefore sustain jobs on the island.  The ongoing servicing and maintenance work will be performed by local businesses and therefore sustain jobs on the island for the 20 year operating life of the turbines.  While the turbines will of course be visible, they are designed for low visual impact and widely acknowledged to lead the field in this regard.  After the operation life of the turbines they can be removed and there will be no residual visual impact.  The turbines have been sited carefully to minimise the impact to neighbouring properties in terms of noise and shadow flicker.  Scottish Natural Heritage has been consulted regarding potential impact to the NSA and have assessed that the turbines will not have a significant impact.  Consideration has been given to reducing the number of turbines but it did not meet the client’s generation requirements. ASSESSMENT OF EIA 11.1 Not applicable. THE DEVELOPMENT PLAN 12.1 Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that planning decisions be made in accordance with the Development Plan unless material considerations indicate otherwise. An assessment against the policies and provisions of the Development Plan is therefore made initially. This is then followed by an assessment of any other material considerations, prior to a conclusion and recommendation as to the determination.

Outer Hebrides Local Development Plan 12.2 Policy 1 – Development Strategy – Development within Rural Settlements

Development proposals within Rural Settlements will be assessed against all of the following: a) a siting and design appropriate to the rural character, distinctiveness and settlement pattern of the local area in line with Siting & Design Policy 4 and Landscape Policy 5; b) a lower level of density that accords with those set out in Housing Policy 13 and the landscape character of the individual settlement; c) demonstration of how development at the edge of the settlement physically and visually integrates with the existing settlement pattern and characteristics and consolidates the existing edge; d) new development does not erode the character which forms the distinctiveness of the rural settlement;

e) the development of better quality inbye croft land does not threaten the continuation of crofting. 12.3 The application site is within the rural settlement of Malaclate, Isle of North Uist, which has a linear settlement pattern which follows both the Malaclate township road and the A867. The application is for the siting of three Evance R9000 5kW wind turbines on a croft at 5 Malaclate. The turbines will be sited between the A867 and the Malaclate township road with the most southerly turbine being located just over approximately 200m from the A867 and nearest house. The siting of the development is parallel to the field fence and on the same orientation as the nearby agricultural shed and therefore assessed to be appropriate to the rural character and settlement pattern of the area in line with Policy 4 and Policy 5 and will not erode the character which forms the distinctiveness of the rural settlement. 12.4 Criteria b) and c) are not relevant to the determination of this application. 12.5 The application site will not involve the removal of better quality inbye croft land as the turbine footprint is small and stock can still graze the area and will not threaten the continuation of crofting. It is considered that the application is in compliance with this policy. 12.6 Policy 2 – Assessment of Development Underpinning each of the policies in the Plan is a requirement to demonstrate that development proposals: a) will not significantly adversely affect biodiversity and ecological interests and, where possible, result in an enhancement of these interests. (The online Biodiversity Planning Toolkit should be consulted for general advice and good practice on habitats and species, and the NBN Gateway for site specific biodiversity data); b) will not result in pollution or discharges outwith prescribed limits to the air, land, freshwater or sea; c) have been designed to take account of the requirements of safeguarding zones notified by the Health and Safety Executive, Civil Aviation Authority, National Air Traffic Services, Ministry of Defence, Marine Consultation Areas, relevant Harbour Authorities and Marine Protected Areas. All development will be assessed for its impacts individually, incrementally and cumulatively to ensure no significant detrimental effects arise. The Comhairle may negotiate with developers a fair and reasonable contribution towards infrastructure and/or services required as a consequence of the proposed development. The contributions will be proportionate to the scale and nature of the development (including cumulative) and will be addressed through planning conditions or through a legal agreement if appropriate. 12.7 The advice of SNH has been sought. Having taken their advice into consideration, it is considered that the application will not significantly adversely affect biodiversity or the ecological interests of the site. 12.8 There should be no pollution or discharges outwith prescribed limits to the air, land, fresh water or sea. 12.9 In terms of safeguarding HIAL and NATS and the MOD have no objection to the development and therefore it is concluded that the application is in compliance with this policy. 12.10 Policy 4 – Siting and Design Development proposals must demonstrate a satisfactory quality of siting, scale and design that respects and reflects the characteristics of the surroundings. Development proposals for buildings will be permitted where they satisfy all of the following: a) siting relates to the settlement pattern, landform, surrounding buildings and open spaces, and accords with Policy 1 Development Strategy and Policy 5 Landscape;

b) design, scale, form and mass integrate with the streetscape, townscape and/or landform, avoiding dominating the sky line, and relate to design elements that make a positive contribution to the character of the surrounding area; the mass of larger buildings should be managed by breaking up the design elements; c) materials, colour, proportions and detailing complement the streetscape, townscape and/or landscape; d) car parking arrangements accord with the Standards for Car Parking and Roads Layout Supplementary Guidance which forms part of the Development Plan; e) plot layout accommodates: i. the development footprint placed and orientated to respect the characteristics of the local area; ii. service requirements, safe road access, parking provision integrated to minimise adverse impacts on the environment and public road; iii. adequate amenity space consistent with the type and character of the development; iv. landscaping, and boundary treatments in positions, form and scale that integrate the development into its setting. Developments which result in an over-development of a plot of site by virtue of density, scale or height will be resisted; f) levels, excavation and under-building – buildings on sloping sites should be set at level which will compensate excavation depth with unacceptable levels of visible under-build. Surplus materials from excavations should be landscaped to reflect the natural landform. Pre and post development levels and landscaping measures should be detailed on submitted plans; g) the amenity of neighbouring properties is considered in the siting and design of new development to ensure reasonable levels of amenity are retained in respect of noise, disturbance or lighting, overlooking and overshadowing. Development will not be supported where it will result in a significant impact on the amenity of neighbouring properties. 12.11 The proposed turbines will be sited within the settlement of Malaclate which has a linear settlement pattern. During the planning process negotiation with the applicant has taken place which has resulted in the hub height of the turbines being reduced from 18.74m to 15m, and a blade tip height reduction from 21.5m to 17.75m. The tower will be galvanised steel and the hub and blades will be grey RAL 7000. The proposed colour and materials are considered appropriate for a turbine at this location. 12.12 The location of the turbines has also been amended to address concerns raised by the Comhairle’s Environmental Health Service and Connected Communities. The nearest noise sensitive property is approximately 205m to the south of turbine 3. The Environmental Health Service has advised that at the amended location the turbines can meet the standard noise conditions at the nearest noise sensitive properties and has no objection. It is considered the proposal is in compliance with this policy. 12.13 Policy 5 – Landscape Development proposals should relate to the specific landscape and visual characteristics of the local area, ensuring that the overall integrity of landscape character is maintained. The Western Isles Landscape Character Assessment (WI-LCA) will be taken into account in determining applications and developers should refer to Appendix 1 of this plan for a summary of this guidance. Development proposals in National Scenic Areas should satisfy the appropriate tests in Policy 28 Natural Heritage…

12.14 The site is within the Crofting 4 landscape. The landscape character assessment (LCA) describes this landform as being very simple, generally flat or slightly undulating it is described as being of medium to large scale and an open landscape. The LCA states ‘There is an intermittent pattern in the occurrence of water bodies which are often a focus in this landscape type. Smaller scale patterns are formed by the individual houses which provide small focal points scattered all through this type. The different types of management can also provide some subtler patterns…Domestic scale turbines associated with individual dwellings would increase the individual focus of these elements’. The document concludes that small clusters of three turbines can be accommodated and they should be sited away from lochans. 12.15 The application site is within the South Lewis, Harris and North Uist National Scenic Area. SNH has advised that in their opinion the turbines will not have an adverse effect on the integrity of the NSA or the qualities for which it has been designated. 12.16 SNH has produced guidance on ‘Siting and Design of Small Scale Wind Turbines of between 15 and 50 metres in height’ this document advises that ‘Turbine layout should, if possible, respond to the patterns in the landscape e.g. arranged regularly in a line parallel to a straight field boundary…”. In this instance it is proposed to site the three turbines close to and parallel with the field boundary, which is in line with SNH’s guidance. 12.17 While the proposed turbines have been brought closer to the A867, the height of the turbines has been reduced by 3.75m and the turbines will be seen in the context of electricity poles and the settlement. It is assessed that reducing the hub height of the proposed turbine will reduce the visual impact of the turbines within the landscape. 12.18 The proposal is assessed to be in compliance with this policy. 12.19 Policy 19 Energy Resources The Comhairle will support proposals that contribute to meeting the targets and objectives of the National Planning Framework 2, the Climate Change Act, and the National Renewables Infrastructure Plan in relation to electricity grid reinforcement, infrastructure and renewable energy generation. Proposals for onshore renewable energy projects and oil and gas operations (including extensions to existing or proposed developments and land based infrastructure associated with offshore projects) will be assessed against the details below and be required to demonstrate all the following: a) appropriate location, siting and design including the technical rationale for the choice of site; b) no unacceptable adverse impact (including cumulative) on: landscape, townscape and visual aspects, natural, built and cultural heritage resources; the water environment; peatlands; aviation, defence and telecommunications transmitting and receiving systems e.g. broadband; public health and safety, and amenity (including noise and shadow flicker as appropriate); neighbouring land uses, transport management and core paths; c) acceptable decommissioning and site reinstatement arrangements; d) phasing arrangements, where appropriate; e) the contribution towards meeting national energy supply targets and local economic impact; f) where appropriate, compliance with the Supplementary Guidance will be prepared for Wind Energy Development, which the Comhairle will adopt as statutory Supplementary Guidance as part of the Development Plan. The type, scale and size of the proposed development will have a significant effect on the way the Comhairle will consider an application and the level of accompanying information that will be required. Conditions and, where necessary, a planning agreement may be used to control the detail of the development. Non-permanent elements of a development will be granted permission consistent with their lifespan and/or projected period of use.

12.20 Policy 20 Small and Micro-Renewables In addition to satisfying criteria (a) to (c) for Policy 19 (Energy Resources), micro-generation renewable energy* proposals will be required to meet all the following criteria: a) the proposal does not have an unacceptable direct, indirect or cumulative impact on residential amenity; b) colour, form, finish and height are appropriate to the setting and are designed to minimise visual impacts and distraction; c) sufficient information is provided to enable a balanced assessment of any other likely effects of the development. The Comhairle will assess such proposals against the Supplementary Guidance for Wind Energy Development. *micro-generation is the production of heat (less that 45 kilowatt capacity) and/or electricity (less than 50 kilowatt capacity) from zero or low carbon source technologies. 12.21 The application is for the erection of three Evance R9000 5kW wind turbines. The turbines were originally sited closer to the applicant’s house, however, to mitigate against objections from both the Comhairle’s Environmental Health Service and Connected Communities, they have been re-sited to the location now under consideration. The Environmental Health Service has no objection with regard to noise levels at the nearest noise sensitive properties and Connected Communities are now satisfied that there will be no impact on the broadband service as a result of the development. 12.22 It is proposed to use galvanised steel for the tower and the nacelle and blades will be grey in colour (RAL 7000). The proposed colour and materials are considered appropriate for a turbine at this location. 12.23 As discussed above, the height of the turbines has been reduced by 3.75m and it is considered that this will reduce the visual impact of the development within the landscape. SNH has advised that the development will not have an adverse impact on the integrity of the NSA. 12.24 For large scale turbines it is considered that there should be a minimum separation distance of 10 times the rotor diameter to mitigate against shadow flicker. However shadow flicker is less likely with small scale turbines. In this case the rotor diameter is 5.5m and as the nearest dwelling house is over 200m from the site it is assessed that there will be no loss of amenity through shadow flicker. 12.25 Sufficient information has been provided to enable a balanced assessment of any other likely effects of the development and there has been no objection from NATS, HIAL and the MOD in relation to aviation and defence and therefore the application is assessed to comply with Policies 19 and 20. 12.26 Policy 28 Natural Heritage …Development that affects a National Scenic Area (NSA), a Site of Special Scientific Interest (SSSI) or National Nature Reserve (NNR) will 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… 12.27 The application site is within the South Lewis, Harris and North Uist National Scenic Area (NSA). SNH has advised that in their opinion the development will not have an adverse effect on the integrity of the NSA or the qualities for which it has been designated. SNH has advised that ‘Whilst the turbines are now closer to the A865 the turbines heights have been reduced. Electricity poles are also a distinctive feature within the area and from many viewpoints along the road will be more prominent than the turbines…’ It is assessed that with the reduction in height of the turbines, there will be less of a visual impact within the NSA and the application complies with this policy.

Outer Hebrides Local Development Plan Supplementary Guidance for Wind Energy Development. 12.28 The total output capacity is under 50kW and will result in three small scale turbines with a hub height under 20m. The development is therefore assessed to fall into the small scale category as set out in Table 1 of the Supplementary Guidance. 12.29 Policy 3 of the supplementary guidance states that micro-generation development is required to be assessed against Policy 20 in the Local Development Plan and policies relating to siting, design, landscape and visual impact, natural and built heritage interests. 12.30 The issues relating to design, landscape and visual impact and natural heritage interests have been discussed above and it is concluded that as the hub height of the turbine has been reduced to 15m the proposed development will not have a significant impact on these issues. 12.31 There are no Scheduled Ancient Monuments within the vicinity of the application site. The nearest Listed Buildings are the thatched cottages at Struan approximately 940m to the south west. The nearest of these two buildings is a Category A listed Building. Due to distance involved and the scale of the turbines it is considered that the application will not impact on built heritage. 12.32 In terms of residential amenity, the nearest residential property is approximately 205m to the south of the turbines. As discussed, it is assessed that the increase in noise levels at this property will be within acceptable levels. The residential properties are sited further than the minimum recommended separation distance for shadow flicker and it is assessed that there will be no significant loss of residential amenity as a result of the development. 12.33 There has been no objection with regard to aviation and defence and therefore the application is in accordance with Policies 19 and 20 of the LDP and is supported by the Supplementary Guidance. ASSESSMENT AGAINST THE DEVELOPMENT PLAN 12.34 The proposal is sited within the settlement of Malaclate and meets the criteria within the development strategy for developments within rural settlements. SNH has raised no concerns over the siting of the turbines within the NSA as they will have no impact on the integrity of the NSA. The reduction in height is such that both visual and landscape impact will be quite localised. The turbines have been re-sited as a result of concerns and objections from the Environmental Health Service and Connected Communities and these services are now satisfied that there will be acceptable noise levels and no impact on the broadband service respectively. There have been no objections received with regard to aviation and defence. Having reviewed the provisions of the Outer Hebrides Local Development Plan as detailed above, the proposal is considered to accord with the Comhairle’s adopted Outer Hebrides Local Development Plan. MATERIAL PLANNING CONSIDERATIONS 13.1 Having carried out an assessment against the Development Plan, the Planning Authority requires to identify and consider relevant material considerations, for and against the proposal, and assess whether these considerations warrant a departure from the Development Plan. The weight to be attached to any relevant material consideration is for the judgment of the decision maker.

13.2 The following are material planning considerations considered relevant to this planning application:

CLIMATE CHANGE AND ENERGY POLICY 13.3 Climate Change – Climate change is seen as the main challenge to deliver future development that is sustainable. The principal area of agreement concerns the urgent need to tackle greenhouse gas emissions. In Scotland it is the Climate Change (Scotland) Act 2009 that sets out the Government’s commitment to reduce green house gas emissions and reduce Scotland’s vulnerability to the impacts of Climate Change. The Act introduces ambitious, world leading legislation to reduce emissions by at least 80% by 2050.

13.4 An increase in the amount of renewable energy generation (electricity and heat) as a means of reducing carbon emissions in support of efforts to tackle climate change is supported. The Scottish Government’s Climate Change Act sets a world-leading interim target for a 42% cut in emissions by 2020. SCOTTISH PLANNING POLICY 13.5 The Scottish Government’s key policy document on the operation of the planning system is ‘Scottish Planning Policy’ (SPP), which was published in February 2010. This document provides a statement of the Scottish Government’s policy on nationally important land use planning matters. The treatment of any large scale renewables application is guided by the framework set out in SPP. 13.6 SPP provides a positive framework to encourage the development of renewable energy technologies. It sets targets for the production of energy from renewable sources and the requirements for Planning Authorities to provide a spatial framework for onshore wind farms of over 20MW generating capacity. With specific reference to wind farm developments some key policy issues are raised in the SPP as noted below. 13.7 The general thrust of SPP, with regard to renewables is towards a positive approach and a clear focus on the Development Plan as the key means to guide development. Confirmation of the renewables targets for 50% of Scotland’s electricity to be generated from renewable sources by 2020 and 11% of heat demand to be met from renewable sources. Although this has now been superseded by a further Ministerial Statement in September 2010 with an interim milestone of 31% by 2011. Similarly, a target has been set for renewables sources to provide the equivalent of 11% of Scotland’s heat demand by 2020:  Hydro and onshore wind is expected to continue to make the most significant contribution to the targets. 13.8 Paragraph 187 of Scottish Planning Policy (SPP) states that Planning Authorities should support the development of wind farms in locations where the technology can operate efficiently and environmental and cumulative impacts can be addressed. It goes on to state that the criteria, which will be considered in deciding applications, will vary depending on the scale of the development and its relationship to the characteristics of the surrounding area, but are likely to include amongst others landscape and visual impact, effects on the natural heritage and historic environment, effect on the local and national economy and tourism and recreation interest, benefits and disbenefits for communities, noise and shadow flicker. It is considered that the proposed development is in compliance with the SPP. SCOTTISH GOVERNMENT’S ONLINE ADVICE ON MICRO-RENEWABLES 13.9 The Government has produced online advice on micro-renewables to replace the previous guidance contained within PAN 45. This document defines ‘micro-generation’ as ‘low or zero carbon sources, of electricity of up to 50kW capacity…as set by the Energy Act 2004’. The document sets out typical planning considerations in determining planning applications for micro-generation, this includes impact on landscape, communities - noise, shadow flicker; historic environment and aviation and defence. These issues have been taken into account during the determination of this application and have been discussed in detail above. It is considered that the development is in compliance with the online advice on micro-renewables. NOISE - NO INFORMATION ON LOCATION OF NEAREST NOISE SENSITIVE PROPERTIES OR NOISE DATA 13.10 The noise data was not initially submitted with the application but was submitted at a later date along with a plan which identified the nearest noise sensitive properties. The agent has provided a noise assessment for the siting of the turbines as now proposed. The Environmental Health Service is satisfied regarding noise impact and the documentation is available on line and is available for the public to view.

13.11 Concern was also expressed that the particular type of turbine proposed is noisy and multiple turbines will create an unacceptable level of noise in a currently quiet area and the health implications as a result. As discussed above the Environmental Health Service is satisfied that at the amended location the noise levels from the proposed turbines will meet acceptable levels at the nearest residential properties. While it is acknowledged that local residents have concerns over noise levels this issue can be addressed by condition and does not merit refusal of this planning application.

SCALE OF DEVELOPMENT 13.12 It was raised in several letters of objection that as this development is for three large wind turbines on a croft the development is commercial rather than of a domestic scale. While the proposed turbines are on a croft the applicant advises that they will primarily be generating electricity for the croft house and shed. The output of each wind turbine is 5kW, with a combined output of 15kW. The agent has advised that consideration was given to reducing the number of turbines but if this was done it would not meet the client’s generation requirements. Due to the height of the turbines and the generating capacity of the development, the development is classed as small-scale, micro-generation. The application has been assessed on this basis and it is considered that this objection does not merit refusal of the application. VISUAL IMPACT 13.13 Concern was raised about the visual impact of the development on the landscape and the NSA. It is acknowledged that due to the flat landscape surrounding the application site, the turbines have the potential to be prominent in the landscape and will break the skyline when viewed from the township road and the A865. The visual impact and the impact on the NSA have been discussed in response to Policies 5 and 28 above. It is considered that the reduction in hub height to 15m will help minimise the visual impact of the development, which will be seen in the context of the settlement and overhead lines. It is recognised that while each individual has a personal perception of visual impact, the application is assessed to have no detrimental impact on the integrity of the NSA, that siting accords with guidance and that the impacts will be localised. This objection does not merit refusal of the application.

IMPACT ON SPA AND ORNITHOLOGY 13.14 Concern was raised that the proposed development is within a SPA and the application will result in bird strikes and affect various species of birds within the vicinity of the application site. 13.15 The application site is not within an SPA, the nearest SPA is North Uist Machair and Islands approximately 1.74km to the north west of the application site. SNH have not discussed the effect of the development on the SPA in their consultation response but have raised no concerns about similar sized wind turbines within or close to other SPA’s. While bird strikes cannot be ruled out, their number is likely to be negligible and unlikely to have a significant impact on the bird populations in the area. The nature of this objection does not merit refusal of the application. SHADOW FLICKER 13.16 It was expressed in several letters of objection that at the nearest residential properties there will be a loss of amenity due to shadow flicker. As stated above, generally, turbines should be sited at least 10 times the rotor diameter of the proposed turbine to mitigate against shadow flicker. In this case the rotor diameter is 5.5m and as the nearest residential property is over 200m from the application site it is considered that there will be no loss of residential amenity due to shadow flicker and this objection does not merit refusal of the application. IMPACT ON BROADBAND 13.17 Concern was raised that the development would have a negative impact on the provision of broadband. Initially Connected Communities raised an objection as they assessed the siting of two of the turbines would impact on the provision of broadband services. The location of the turbines has been moved during the determination of the application to take into consideration the impact on Broadband provision and Connected Communities have advised

that the amended location of the turbines will not impact on the Broadband service. It is therefore considered that this objection does not merit refusal of the application. IMPACT ON TOURISM 13.18 Several objectors cited that the development will have a negative impact on tourism in the area and will affect local Bed and Breakfast businesses. There is no substantive evidence that small-scale wind turbines have a negative impact on tourism. However, the Planning Service does recognise that perception of wind turbines is quite individual. However, it is unlikely that there will be any noticeable adverse impact on tourism as a result of the development.

LOSS OF GOOD CROFT LAND 13.19 Concern was raised in the objections that the development will result in a loss of good croft land. While the application site is on croft land the foundation for each wind turbine is 3.5m x 3.5m and therefore it is assessed that there will not be a significant loss of croft land. Generally stock can graze around wind turbine bases and once the turbines are removed and the land reinstated the land will return to being used for crofting. It is therefore considered that this objection does not merit refusal of the application. CONTRARY TO POLICY 13.20 Several of the objectors cited that the development is contrary to policy. The document ‘Strategic Locational Guidance for Onshore Wind Farms in Respect of Natural Heritage’ published by SNH was cited by an objector. It was said that the proposed development does not comply with this document. However, this document specifically excludes domestic or small business scale turbines of under 50kW capacity. As discussed and concluded above the development has been assessed against the Outer Hebrides Local Development Plan and National Policy and the proposal is not assessed to be contrary to policy and therefore this objection does not merit refusal of the application. OTHER LOCATIONS MORE SUITABLE 13.21 It was suggested by several objectors that as the croft extends up the hill, the application would be better suited away from the township and on the other side of the road. As this is not an EIA application there is no requirement to demonstrate that other sites have been looked at. The Planning Authority requires to determine the application before it. The developer site/turbine selection considerations as set out in Appendix 3 - of the Supplementary Guidance on Wind Energy Development - The Advice Note - Micro– Generation On-shore Wind Turbines includes siting the turbines close to a house or other building if power is to be used directly by these buildings. Taking into account noise and impact on broadband, the proposed turbine is sited as close as practicable to the property which the turbines will serve. Therefore this objection does not merit refusal of the application. NO LOCAL CONSULTATIONS 13.22 It was expressed in several letters of objection that there was no local consultation and no one in the township was notified of the application. This development is for three small wind turbines with a hub height of 15m, in terms of the planning hierarchy the development is classed as local rather than major. Therefore, there is no requirement for the applicant/agent to carry out pre-application consultation with members of the public. The Comhairle is, however, required to serve a neighbour notification on any postal address within 20m of the application site. As the nearest properties are further away than 200m no neighbours were notified. Notwithstanding this, the application was advertised in the Stornoway Gazette because there is ‘vacant land’ within 20m of the application site. Therefore the Comhairle has complied with the requirements as set out in the Development Management Procedures and this objection does not merit refusal of the application.

OTHER CONSIDERATIONS

AARHUS CONVENTION 14.1 A representation was received on the grounds that that the Government’s National Renewable Energy Action Plan is not in compliance with Article 7 of the Convention. The Department of Energy and Climate Change has issued a statement saying ‘there is no formal role for the NREAP in planning decisions and on planning policy’. Therefore this representation should not be taken into account during the determination of the application.

GEOLOGICAL IMPACT 14.2 It was cited in a letter of objection that the proposal will ‘have a detrimental impact on the Vallay - Leathan Machair which is deemed scientifically to be ‘of the highest international importance’ and part of the site designated the type area for the geomorphology of the Outer Hebrides…’ However, the application site is not on the machair and therefore it is considered that the turbines will have no impact on the geology of the Vallay – Leathan Machair and this objection is not a material consideration during the determination of the application.

THE DEVELOPMENT WILL SET AT PRECEDENT 14.3 Concern was expressed that if this planning permission was granted it would set a precedent and allow every house in Sollas to have a wind turbine. Each application is assessed on its own merits and the Comhairle is unable to take into account what may or may not be developed in the future when determining a planning application. This objection is not a material consideration and therefore should not be taken into account during the determination of the application.

REDUCTION IN HOUSE PRICES 14.4 Concern was expressed that the erection of wind turbines lowers the value of domestic property. Annex A of Circular 5/2013 Development Management Regulations states ‘The planning system operates in the long term public interest. It does not exist to protect the interests of one person or business against the activities of another. In distinguishing between public and private interests, the basic question is whether the proposal would unacceptably affect the amenity and existing use of land and buildings which ought to be protected in the public interest, not whether owners or occupiers of neighbouring or other existing properties would experience financial or other loss from a particular development.’ This objection is not a material consideration and should not be taken into consideration during the determination of the application.

COMMUNITY BENEFIT 14.5 Several objectors stated that the proposal will benefit one family, create profit for a company in England and there will be no community benefit as a result of the development. In planning there is no requirement to provide community benefit as a result of a development and therefore this objection is not a material consideration when determining the application.

REPRESENTATIONS 14.6 Other issues raised in the representations included the loss of views from residential properties, inefficiency of turbines, land being sterilised to allow wind farms to be developed, devaluation of property and the effect turbines have on the health and wellbeing of humans and animals. These issues are considered to be non-material and therefore are not a consideration when determining the application.

CONCLUSION 15.1 This application is for the erection of three Evance R9000 5kW wind turbines. During the determination period the location of the turbines has been altered to mitigate against concerns and objections from the Comhairle’s Environmental Health Service and Connected Communities. The application is now assessed to have no impact on the broadband provision and the noise levels generated by the development will achieve acceptable noise levels at the nearest residential properties. Through negotiation the hub height has been reduced by 3.75m to 15m which is assessed to mitigate against the visual impact of the development within the landscape. The application has been assessed to have no detrimental impact on the integrity of the South Lewis, Harris and North Uist National Scenic Area.

15.2 Third party objections have been received on several grounds including, impact on tourism and ornithology, visual impact, noise, shadow flicker and it is a commercial development and it is too large just to serve a single house. These issues have been discussed above and do not merit refusal of the application. The application has been assessed to comply with the Outer Hebrides Local Development Plan and there are no material considerations that indicate the Development Plan should be accorded priority.

RECOMMENDATION AND REASONS 16.1 The proposed development is considered to be in compliance with the Outer Hebrides Local Development Plan. The conclusion following assessment of the Material Considerations is that there are no material considerations that indicate that the Comhairle’s Development Plan should not be accorded priority. It is therefore recommended that the application be approved subject to conditions.

APPENDIX 1

SCHEDULE OF PROPOSED CONDITIONS

Condition 1 This planning permission shall expire on 28 February 2039. On or before the expiry of this permission, the development to which this permission relates shall cease and the wind turbine and all fixtures associated with the development shall be removed and the site restored to grass by seeding to the satisfaction of the Comhairle as planning authority unless a renewal of planning permission has previously been granted. Reason To maintain a measure of control over temporary development in the interests of visual amenity.

Condition 2 No symbols, signs, logos or other lettering (other than those required for health and safety reasons) shall be displayed on any part of the turbine without the written consent of the Planning Authority. Reason In order to define the permission and avoid doubt.

Condition 3 At no point during the life of the development shall the site be illuminated by lighting. Reason In the interests of the visual amenity of the area.

Condition 4 Within six months of the cessation of regular use of the wind turbine, the turbine associated hardstanding, and any other fitments associated with the development shall be removed and the site restored by covering with topsoil and seeding. For the purpose of defining, the cessation of regular use shall be defined as not being in use for a continual period of six months. Reason In order to safeguard the natural qualities of the site.

Condition 5 All of the transmission lines relating to this development shall be underground, unless otherwise agreed in writing by the Comhairle as Planning Authority. Reason For the avoidance of doubt and in order to safeguard amenities and minimise visual impact.

Condition 6 At least 14 days in advance of the proposed date of commencement of development the developer shall provide the Ministry of Defence with the following detailed information: (i) the proposed date of commencement of development; (ii) the proposed date of completion of construction; (iii) the proposed maximum extension height of any construction equipment; (iv) the latitude and longitude of the turbine. and no development shall commence on site until the Ministry of Defence has confirmed to the Comhairle as Planning Authority that the said information has been provided. Subsequent to the provision of the said information, the developer shall give the MOD notice as soon as reasonably practicable if the proposed date of commencement of construction is to change. The developer shall provide written confirmation to the Ministry of Defence of the actual dates on which development is commenced and completed and of the actual maximum extension height of any construction equipment on site. Reason In the interests of air safety.

Condition 7 During the daytime at wind speeds not exceeding 10m/s, the wind turbine noise level at the façade of any dwelling or other noise sensitive premises shall not exceed 35dB LA90, 10min or the Background Noise Level plus 5 dB(A), which ever is the greater. During the night-time at wind speeds not exceeding 10m/s, the wind turbine noise level at the façade of any dwelling or other noise sensitive premises shall not exceed 38dB LA90, 10min or the Background Noise Level plus 5 dB(A), which ever is the greater.

In this condition: ‘wind turbine noise level’ means the rated noise level due to the combined effect of all the wind turbines, excluding existing background noise level but including any tonal penalty incurred under the methodology described in ETSU-R-97, pages 99-109. ‘Background Noise Level’ means the ambient noise level already present within the environment (in the absence of noise generated by the development) as measured and correlated with Wind Speeds. ‘wind speeds means wind speeds measured or calculated at a height of 10 metres above ground level on the wind farm site at the wind monitoring mast nearest to the premises of interest. ‘Noise Sensitive Premises’ means premises, the occupants of which could be exposed to noise from the wind farm and includes hospitals, residential homes, nursing homes etc. Reason To protect the amenity at noise sensitive premises.

Condition 8 At the request of the planning authority, following a complaint from a local resident to the planning authority relating to noise emissions from the wind turbine(s), the owner of the turbine shall measure, at its own expense the level of noise emissions from the wind turbines. Noise monitoring shall be carried out by a suitably qualified noise expert or consultant previously agreed in writing by the Planning Authority and which shall be carried out by the method statement stated in section 2.0 “Procedure to be followed in the event of a complaint” page 102 of the publication “The Assessment and Rating of Noise from Wind Farms” (ETSU-R-97, Department of Trade and Industry, September 1996). Reason To quantify the loss of amenity at noise sensitive premises resulting from the operation of the windfarm.

Condition 9 Should any noise monitoring undertaken in accordance with Condition 8 above demonstrate that the noise thresholds in Condition 8 are being exceeded, the developer shall submit a scheme of mitigating measures to the Planning Authority for written agreement within three months of the breach being identified. The agreed mitigating measures shall be implemented within three months of the written agreement or within any alternative timescale agreed in writing by the Planning Authority and thereafter retained throughout the life of the development unless otherwise agreed in writing by the Planning Authority. Reason To ensure adequate mitigation is in place to protect amenity at noise sensitive premises.

Condition 10 The colour of the turbine blades, yaws and nacelles shall be a dull, matte grey in colour and retained as such throughout the lifetime of the development unless otherwise agreed in writing by the Comhairle as Planning Authority. Reason In the interests of visual amenity.

APPENDIX 2