APPENDIX 2 ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 24 JULY 2013 13/00155 - LOCHEPORT, ISLE OF NORTH UIST- APPLICATION FOR PLANNING PERMISSION TO ERECT 2NO ENERCON E-44 WIND TURBINES AND ASSOCIATED INFRASTRUCTURE Report by Director of Development PURPOSE OF REPORT Since the application has been the subject of a formal objection from a statutory consultee that would trigger referral of the application to Scottish Ministers, 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 recommendations being implemented. SUMMARY 2.1 This is a planning application to erect two 900kw turbines, 55m to the hub with a 44m rotar diameter and tip height of 77m at Locheport, Isle of North Uist. The site is situated on the north-eastern margin of Criongrabhal, to the north east of the junction on the A867 with the Locheport road. The nearest residential property at Clach na Luib lies approximately 600m to the south-west of the site. 2.2 The application has been assessed against policies in the Outer Hebrides Local Development Plan Supplementary Guidance for Wind Energy Developments including natural heritage, landscape and visual, community amenity, historic resources and aviation and defence. There are unresolved issues relating to noise assessments and mitigation measures required in order to protect the historic environment. 2.3 There is a fundamental objection from the MoD due to the unacceptable impact the turbines will have on the Air Defence Radar at South Clettraval, North Uist and on the Range Control Radars on South Uist and St Kilda. The application is therefore not considered to be in accordance with the Local Development Plan. 2.4 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 REFUSED for the reason appended to this Report. Contact Officer Mairi Mackinnon Telephone: 01851 822 690 Email: [email protected] Appendix 1 Schedule of Reasons for Refusal 2 Location Plan and Site Plan 3 Zone of Theoretical Visibility (ZTV) 4 Letter from Applicant dated 2 July 2013 REPORT DETAILS DESCRIPTION OF THE PROPOSAL 4.1 This is a planning application for the erection of 2 no Enercon E-44 wind turbines, hub height 55 metres, associated foundations, access road works including upgrading of existing access road, underground cables, electrical plant enclosures and crane hard standings. 4.2 The application site is located to the north of the A867 Lochmaddy to Clachan road, North Uist, close to the junction with the Locheport township road. The site is situated in a moorland area on the north-eastern margin of Criongrabhal, which is a small hill with a summit of 39m to the north-east of the junction on the A867 with the Locheport road, and at an elevation of 20m AOD. Access to the site is to be via the existing track, the nearest residential property at Clach na Luib lies approximately 600m to the south-west of the site. The site is not within any designated sites but is close to Mointeach Scadabhaigh Special Protection Area (SPA) 4.3 The proposal is within the class of Local Development within the Planning Hierarchy. ADMINISTRATIVE PROCESSES 5.1 The planning application by North Uist Community Council, c/o 8 Malaclate, Sollas, North Uist, was registered on 4 April 2013. 5.2 The planning application was advertised for public comment in the public notices section of the Stornoway Gazette in the publication dated 11 April 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(i) 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 4 July 2012 issued a Screening Opinion stating that in its opinion the proposed development is not considered likely to have a significant impact on the environment and that the submission of an Environmental Statement is not required. However the Screening Opinion stated that the following information would be required in order to fully assess the development; assessment of the impact on birds, an archaeological desk based assessment and walk over survey, and a landscape and visual impact assessment. PREVIOUS PLANNING DECISIONS RELATING TO THE SITE 7.1 The following planning history relates to the site. Ref. No. Description Decision Date 10/00617/PPD Erect 40m anemometer mast Application 23.02.2011 Permitted with Conditions 12/00286/SCR_L Erect 2 Enercon wind turbines. No EIA Required 04.07.2012 Maximum hub height 55m. Maximum blade tip height 77m. 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. HISTORIC SCOTLAND 8.2 ‘Our screening opinion response to the original proposal comprising 2 x 99.5m turbines advised of the potential significant impact on scheduled monuments which are located in the vicinity. We have considered it from our statutory remit and have the following comments to offer on the revised proposal. Barpa Langass, chambered cairn (Index No. 892) A well preserved Hebridean chambered tomb, the monument is situated on the NW slope of Ben Langass at about 45m OD. The cairn is circular 24m in diameter and stands over 4m in height. It is located to the NE of the turbines and the photomontage (VP 1) shows both turbines fully visible at a distance of 2.4 km. The LVIA considers that the impact on the monument is moderate. Sornach Coir'Fhinn, stone circle 350m S of Ben Langass (Index No. 5125), (also known as Pobull Fhinn) The monument comprises 24 upright stones and boulders and is 37m E-W by 30m N-S. Situated on the S slopes of Ben Langass, it commands a wide open prospect from SE through S and W to NW. The stone circle is located to the E of the turbines and the photomontage (VP 2) shows both turbines fully visible at a distance of 2.8 km. The LVIA considers that the impact on the monument is moderate. Sornach a'Phobuill, stone circle (Index No. 5245) The monument comprises a large circle of small standing stones on a gently sloping hillside above Loch a'Phobuill. The stone circle is located to the SE of the turbines and the photomontage (VP 3) shows both turbines fully visible at a distance of 2.2 km. The LVIA considers that the impact on the monument is minor, due in part to low visitor numbers and difficulty in accessing the site. Leacach an Tigh Cloiche, chambered cairn, standing stone and house (Index No. 5881) The monument comprises a prehistoric chambered burial cairn which was later re-used in the Iron Age as a dwelling-place. Situated on the SW flank of Uneval, the monument is located to the NW of the turbines and the photomontage (VP 7) shows both turbines fully visible at a distance of 2.1 km. The LVIA considers that the impact on the monument is minor, due in part to low visitor numbers and difficulty in accessing the site. Historic Scotland's position We do not agree with the statement that because monuments are not 'actively promoted to the wider public' that they are therefore 'less immediately sensitive to the visual impact of this development'. Our Managing Change in the Historic Environment setting guidance (2010) advises that that monuments have a setting, whether visited or not. We would note that these monuments are visited - particularly Barpa Langass, chambered cairn. We also do not accept that the impact on the setting of a monument is lessened by any accessibility issues. The landscape where the turbines would be located is devoid of modern large scale development and the topography means that they will be visible over large distances. The turbines will be located in the centre of a number of scheduled monuments, many of which can be considered to have wide landscape settings where views both from and towards them are important. Potential intervisibility between these monuments may also be affected by such a development in this location. We have therefore concluded that there will be an adverse impact on the setting of the monuments. In a finely balanced judgement we have concluded that while these impacts are not of such a level of significance to warrant an objection to the development proposal for our historic environment interests, we would however ask your Council to consider our advice in reaching a decision on the proposal, and whether any mitigation is possible that might reduce these impacts. This could include a further reduction in turbine height.’ SCOTTISH WATER 8.3 ‘Scottish Water has no objection to this planning application.’ CONNECTED COMMUNITIES 8.4 ‘This proposal cleared with respect to radio link infrastructure operated by: Scottish Hydro (Scottish & Southern Energy) and Scotia Gas Networks. Please note that, as a result of further analysis including JRC report 2012W6712JESH, our earlier objection (02 Feb 2012) in respect of this development is now withdrawn, with the agreement of Scottish Hydro, subject to the turbine positions and dimensions as given above.’ JOINT RADIO COMPANY 8.5 ‘This proposal cleared with respect to radio link infrastructure operated by: Scottish Hydro (Scottish & Southern Energy).’ ATKINS GLOBAL 8.6 ‘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.’ MINISTRY OF DEFENCE 8.7 ‘.