MINUTES of MEETING of MID ARGYLL KINTYRE & ISLAY AREA COMMITTEE held in the COUNCIL CHAMBERS, KILMORY, LOCHGILPHEAD on WEDNESDAY, 7 MARCH 2007 Present: Councillor Alastair McKinlay (Chair) Councillor Rory Colville Councillor Robin Currie Councillor John Findlay Councillor Alison Hay Councillor Donald Kelly Councillor Donald MacMillan Councillor John McAlpine Councillor Bruce Robertson Attending: Deirdre Forsyth, Area Corporate Services Manager Katie McKenzie, Area Committee Assistant Donnie McLeod, Roads and Amenity Service Manager Richard Kerr, Development Control Team Leader Ann Muir, Acting Service Manager Community Care (MAKI) Felicity Kelly, Area Community Education Learning & Regeneration Manager Roy Alexander, Estates Surveyor Fergus Murray, Development Policy Manager John Welsh, Acting Head Teacher, Tarbert Academy Chief Inspector Kenny Boyter, Strathclyde Police Ron Lilley, Scottish Ambulance Service John Ironside, Strathclyde Fire and Rescue The Chairman ruled that the business dealt with at item 17 of this Minute be taken as a matter of urgency so that the recommendation, if agreed, could be implemented at once thus enabling the contract to commence. 1. APOLOGIES There were no apologies for absence. 2. DECLARATIONS OF INTEREST Councillor Rory Colville declared an interest in item 3, Continuation of Planning Application 04/01606/DET, because he had previously supported windfarms in Kintyre, and is a member of ALIenergy. Councillor Bruce Robertson also declared an interest in item 3, Continuation of Planning Application 04/01606/DET as he is the Chairman of ALIenergy. 3. CONTINUATION OF PLANNING APPLICATION 04/01606/DET The Committee considered a report updating them on information arising since the Area Committee’s consideration of the application at the Local Hearing held on 31 st October 2006, and subsequent consideration given to the matter at the Area Committee of 24 th January 2007. There was lengthy discussion mainly concentrating on the “Waddenzee” case at the European Court and the effect that this case has on the Council’s decision. Richard Kerr explained that this case outlined the process to be followed in respect of planning applications affecting a “Special Protection Area”. He went on to say that his recommendation was for refusal on the following grounds:- 1. The windfarm is proposed in a location situated between established feeding and roosting grounds frequented by Greenland white-fronted geese, which support 8% of the over-wintering world population. The development area is in close proximity to Loch Garasdale, one of a suite of lochs forming the Kintyre Goose Lochs SSSI, which also forms part of the Kintyre Goose Roost Special Protection Area and Ramsar site. The status of the site requires ‘competent authorities’ to have regard to the requirements of EC Directive 79/409/EEC, the Conservation (Natural Habitats) Regulations 1994 (as amended) and advice given in Circular 6/1995. Having carried out an ‘appropriate assessment’ in terms of Regulation 48, the planning authority has concluded that the proposal will adversely affect the integrity of the designated site by virtue of the likely harmful effects on qualifying interests arising from risk of disturbance, and also the adverse consequences for the distribution of species within the site as a result of construction, operation and maintenance. It is also considered that the introduction of tall structures with rotating components will introduce significant risk to geese from collision during the operation of the windfarm. The vulnerability of the species to avoidable attrition, and the status of designations affording them protection, are such that inappropriate development presenting unacceptable risk of mortality should be resisted. It is not concluded that mitigation measures proposed, including the use of radar initiated shutdown of turbines to reduce the incidence of collisions, are sufficient to demonstrate with confidence that the integrity of the site is capable of being maintained should the development be permitted. The proposal would therefore have significant adverse implications for nature conservation interests of acknowledged importance, contrary to Policies STAT SI 1, DC 7 and RE 1 of the 'Argyll and Bute Structure Plan' 2002; to Policy RUR 3 of the ‘Kintyre Local Plan’ 1984; and to Policies ENV 2, ENV 3, ENV 5 and ENV 6 of the 'Argyll and Bute Local Plan' Finalised Draft 2005. It would also conflict with Policies WF 2 and WF 9 of the Council’s non-statutory ‘Wind Farm Policy’ 1995, and with government guidance given in NPPG 6 (2000), NPPG 14 (2005), PAN 45 (2002) and Circular 6/95 (as amended). 2. The development proposed would be located on hill ground facing the west coast of Kintyre, where it would not share the locational advantages of previously permitted windfarm sites, which are located on the upland spine where they benefit form the shielding effect of topography and the moderating influence of distance from sensitive viewpoints. The application site more closely relates to the coastal margin, where, despite the moderating influence of intervening landform, it will by virtue of its scale and presence in the landscape, have a more prominent visual impact on the skyline above the coastal edge, and would in turn have adverse consequences for the maintenance of landscape character. The impact of the development would be especially significant in terms of views towards Kintyre, such as those from the Isle of Gigha and from ferry routes. It would also be a significant intrusion in views from some southern parts of the Knapdale Regional Scenic Area, and from certain sections of the A 83 corridor where its presence would impinge on landscape character and have adverse consequences for the cumulative impact of windfarm development in Kintyre. The development by reason of its siting and scale would therefore give rise to adverse visual and landscape impacts, which would be contrary to Policies SI 1 and DC 8 of the 'Argyll and Bute Structure Plan' 2002; and to Policies RUR 1 and RUR 2 of the ‘Kintyre Local Plan’ 1984 and the 'Mid Argyll Local Plan' 1985, which in particular, afford special protection to the Knapdale Regional Scenic Area, the West Kintyre Regional Scenic Coast, and the Gigha and West Loch Tarbert areas of local landscape significance. It would also be contrary to Policy ENV 10 of the 'Argyll and Bute Local Plan' Finalised Draft 2005, and would conflict with Policy WF 1 of the Council’s non-statutory ‘Wind Farm Policy’ 1995, and with government guidance given in NPPG 6 (2000) and PAN 45 (2002). He also read out a letter from SNH detailing their position in regard to reason 1 in the report. There was a discussion about the visual impact of the development. The Committee then discussed the legal advice regarding the remaining reason in the recommendation for refusal and expressed their dissatisfaction that the European Case effectively tied their hands, giving them no opportunity to grant the application. Decision The Committee agreed that the application should be refused for the reason set out at recommendation 1 in Supplementary Report No. 2 by the Head of Planning. The Committee agreed that on the following grounds, reason 2 in Supplementary report No. 2 should not apply. The visual impact of the development and its consequences for landscape character should be regarded as being acceptable and consistent with development plan policy for the following reasons: 1. Topography, tree cover and other landscape features help shield views of the development both from nearby communities and the main road serving Kintyre. Consequently, the impact of the development at close quarters from public viewpoints is generally restricted to partial or intermittent views. The height of the turbines has been offset by a reduction in the number of turbines from 19 to 7, which allows a higher degree of visual permeability between the turbines which are now widely spaced across the site. 2. Despite its location above the coastal ridge, in medium distance views the windfarm will appear related visually to existing windfarm sites on the upland spine of Kintyre. Its presence will not therefore adversely impinge on the landscape character of the settled coastal margin or have any significant harmful consequences for the scientific qualities of the designated West Kintyre scenic coast. 3. In longer distance views of importance towards Kintyre, including those from Knapdale, Gigha and from ferry routes, the scale of the expansive horizon has the capacity to absorb the scale of this development without giving rise to overlapping or agglomeration with existing windfarm sites, without producing unacceptable cumulative impacts in key views and without windfarms becoming a defining characteristic of landscape character. (Reference: Report dated 20 July 2006, Supplementary Report No. 1 dated 26 October 2006, Supplementary Report No. 2 by Head of Planning dated 19 January 2007 and Supplementary Report No. 3 by Head of Planning dated 23 February 2007, letter from Shepherd and Wedderburn dated 6 February 2007 and email from SNH dated 28 February 2007, submitted). 4. MINUTES OF MEETING OF 7 FEBRUARY 2007 The minutes of the meeting of 7 February 2007 were approved as a correct record. Arising from item 4 it was noted that as Scottish Water were unable to attend any questions regarding the water supply at Machrihanish airport could be forwarded to them by the Area Corporate Services Manager. John Ironside then confirmed that there is a more than adequate supply available at the base for fire fighting. However, the issue about the adequacy of the main supply for Campbeltown being diverted to Machrihanish has still to be addressed by Scottish Water. Decision It was agreed that this question would be put to Scottish Water. Also arising from item 4, John Ironside confirmed that Islay has had 79 chimney fires in the last 3 years and Strathclyde Fire and Rescue held a campaign on the island last September to raise awareness on how to prevent chimney fires and in the first 2 months this year there have only been 4, a reduction on last year.