Town and Country Planning (Scotland) Act 1997 Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 • Proposed erection of wind turbine at land adjacent to Dark Island Hotel, Liniclate, Benbecula • Proposed erection of 2 wind turbines, 2 anemometer masts and site container at 7 Bornish, South Uist • Proposed erection of 2 wind turbines at Locheport, North Uist WRITTEN STATEMENT ON BEHALF OF THE SECRETARY OF STATE FOR DEFENCE Dated 15th May 2014 Directorate for Planning and Environmental Appeals Refs: • CIN-CES-001 (Dark Island Hotel) • CIN-CES-002 (7 Bornish) • AIR-CES-001 (Locheport) 2 Executive Summary The MOD maintains its objection to the Dark Island Hotel; 7 Bornish; and Locheport turbine proposals due to the unacceptable interference the turbines will have on military radars situated in the Hebrides. Scottish Planning Policy acknowledges that defence interests should be recognised by local planning authorities as areas of potential constraint on wind turbine development. The Scottish Government published guidance states that developers should initiate the process of identifying or developing a solution. The guidance also identifies that the use of mitigation conditions where there is no identified mitigation to deal with an aviation objection could have an impact on the likelihood of other developments being consented. The Applicants have not adequately addressed issues of defence and aviation safety as they are required to do in terms of national and local planning policy. It has been shown that where wind turbines are within radar line of sight and/or radar field strength detection occurs, wind turbines can have detrimental effects on the performance of the radar. These effects include the desensitisation of radar in the vicinity of the turbines, the creation of “false” aircraft returns, and obscuration of real aircraft targets. Aviation safety and military operations should not be compromised by the proposed turbines. The MOD would respectfully request that the Scottish Ministers refuse each of the applications on the basis of unacceptable adverse impact on aviation and defence interests. 3 4 1 Introduction Defence Infrastructure Organisation 1.1 Defence Infrastructure Organisation (DIO) was formed on 1 April 2011, when the former Defence Estates organisation was brought together with other infrastructure functions in the Ministry of Defence (MOD) to form a single organisation. 1.2 DIO manages the military estate, including accommodation for Service personnel and their families, on behalf of the MOD. DIO Safeguarding manages, on behalf of the MOD, the formal consultation process through which the MOD is engaged on development proposals, including those for wind turbines. It ensures operational facilities such as aerodromes, explosive stores, radar facilities and range areas are not compromised by development either on or offshore. This safeguarding responsibility includes maintaining the effective operation of military radars. 1.3 DIO Safeguarding receives consultations from Local Planning Authorities and consenting authorities on behalf of the MOD. DIO Safeguarding then consults a range of technical experts across the Department and a response is provided to the Local Planning Authority or consenting authority that addresses all MOD interests, including defence radars. 5 2 MOD approach to wind turbine planning applications 2.1 Flight trials and research has proved that wind turbines have detrimental effects on radar. This is accepted by the Wind Energy industry, planning and consenting authorities, aviation stakeholders and radar stakeholders. 2.2 The MOD, has since 1994, conducted a number of trials to determine the impact of wind turbines upon air traffic control and air defence radars. These along with trials carried out by other nations have shown that wind turbines have a number of specific effects on radar systems. These are: on screen false target returns (also referred to as clutter); desensitisation of the radar's detection capability over and around wind turbines; obscuration of aircraft returns above the wind turbines; and the creation of a radar ‘shadow’ beyond the turbines. The appearance of returns from wind turbines on operators' screens also leads to distraction and increased workloads. 2.3 The MOD signed up to the Memorandum of Understanding (MOU) (August 2011 update): wind turbines and aviation radar (mitigation issues) – Department of Energy and Climate Change – Pub 2 August 2011) – see Reference 39 - and is committed to aviation solutions. Recognising the urgency to develop solutions to mitigate the impact of wind turbines on Air Traffic Control Primary Surveillance Radar (ATC PSR), MOD and Department of Energy and Climate Change (DECC) Ministers, with the support from the Aviation Investment Fund Company Limited (AIFCL), made a public commitment in the 2012 Autumn Statement that MOD would facilitate a technical demonstration during the summer of 2013. 2.4 The aim of that technology demonstration was to assess the relative maturity of existing mitigation solutions in comparison with the MOD requirement for ATC PSR in the presence of wind farms in accordance with MOD User Requirements. The technology demonstration took place at MOD Eskmeals in summer 2013 and six companies were selected via open competition to participate. The technology demonstration assessed the ability of the mitigation solutions to achieve the required performance in the vicinity of a wind farm and whilst more than one technology showed improvement over the baseline performance, none of them fully met MOD’s assessment criteria during the demonstration. MOD continues to proactively seek a solution and further details for the next steps after the technology demonstration will be articulated in MOD’s response to the March 2014 milestone in the National Infrastructure Plan. 6 2.5 MOD is proposing to continue its proactive approach and aims to run a pilot project that would take the recommendations of the technology assessment forward. The aim of the pilot would be to work with fewer mitigation solution provider(s) over a longer period in order to prove a technical solution that meets MOD requirements for mitigating wind turbines on ATC radars. Once proven, this solution can be subsequently implemented at a number of sites. The wind farm developers are considering this proposal and are in discussions with MOD on how the pilot and any subsequent implementation might be funded. 2.6 The MOD should be consulted on planning applications for wind turbines that are 11m or above in height to blade tip and/or 2m rotor diameter or above and this is readily accepted by Local Planning Authorities and consenting authorities across the UK. In 2013 MOD received in the order of 3500 wind turbine planning application consultations from Local Planning Authorities and consenting authorities. Each planning application is subjected to an individual assessment which considers technical and operational factors. 2.7 Where a proposed wind turbine is found to be within the coverage of, and detectable by a military radar, an operational assessment determines if the potential impact is manageable or not. The relevant operational subject matter expert conducting the operational assessment will give consideration as to what reasonable operational measures may be put in place to mitigate the effects of the wind turbine development. Where the potential impact is not manageable, MOD will object. Where the potential impact is manageable, the MOD will not object. 2.8 Following a MOD objection, it is the responsibility of the applicant to propose mitigation to MOD to overcome the radar issue(s). Should MOD consider that the mitigation is acceptable, MOD would then be willing to consider wording of a prospective planning condition. If no acceptable mitigation is submitted, MOD will maintain its objection. 2.9 MOD requires acceptable mitigation to have been proposed by the applicant before discussing planning conditions. Proposing mitigation demonstrates that the applicant has given due consideration to the impact of the proposal on MOD radars/aviation safety and how this can be addressed. This approach has been consistently applied by the MOD in other Hearings and Planning Inquiries. 7 3 Background 3.1 This Hearing is in respect of three planning applications which have been called in for determination by the Scottish Ministers. The MOD's position in respect of each of these is as follows: 3.2 Locheport - DPEA Ref AIR-CES-001 This planning application was lodged on behalf of the North Uist Community Council on 1 April 2013 for the erection of 2 wind turbines and associated infrastructure on existing croft land at Criongrabhal, By Clachan, Isle of North Uist (otherwise known as Locheport). The MOD objected to this application in May 2013 stating that the turbines would be detectable by and cause unacceptable interference to the Range Control radar at South Uist and also the radar at St Kilda. Additionally, as the proposed turbines were within 5 nautical miles of the Air Defence Radar (ADR) at Remote Radar Head (RRH) Benbecula, MOD objected on the grounds that they would be a physical obstruction, which would be likely to cause disruption to the transmitted and received radar signals which ultimately would result in reduced radar detection performance at range. MOD's ultimate position is that this would compromise the capability of Air Defence operational staff to detect threats to the UK airspace and control aircraft at range.