PLANNING APPLICATION: 13/00838/APP In the event that a recommendation on this planning application is overturned the Committee is reminded of the advice contained on the front page of the agenda for Reports on Applications The Proposal This application seeks planning permission for the erection of a single wind turbine on agricultural land at Redhill, Rothiemay. The turbine would be 54 metres in height (to blade tip), with a power output of 330kW. Associated works include the formation of an access track (leading from an existing farm track to the west), hardstanding and the construction of a small sub-station together with the laying of underground cabling. 100% of the electricity generated will be fed back into the national grid via a combination of underground cabling and upgrade of existing wooden pole power lines. The Site The turbine would be sited approx 240m AOD upon the shoulder of a hill overlooking the public road on sloping farmland, 2.2 km to the south east of Rothiemay. Occupying an elevated position on sloping ground within a field, it would be bounded to the north by a mature plantation known as Woodfold Wood and to the south east by Fourman Hill. The closest public road lies 1.3km to the north east. The site is not located within any landscape designation nor any Area of Search (formerly referred to as a Preferred Search Area) as defined for wind turbine developments. There are no other local or national environmental designations to protect wildlife or habitat within the vicinity of the site. The immediate area surrounding the proposal is predominately rural with a low population. There are two farm complexes (North and South Redhill); one dwellinghouse "Woodfold" one approved steading conversion and an approved plot within a 1km radius of the site. The site lies 500m from the shared boundary with Aberdeenshire Council, where there have been two further recent applications for wind turbines of a similar scale, one at Rivestone (APP/2012/2844, 54m to tip), approx 1.3km from this site and only 220m from the shared Authority boundary and another at Avochie (APP/2011/3452, 67m to tip), some 750m from the shared boundary and 2.4km from the site. The turbine at Avochie was refused following appeal to Scottish Ministers and the turbine at Rivestone was approved at committee in line with officer recommendation. Policy / Objections-Representations / Consultations - See Appendix History No planning history pertains to this site. Nearby to the southeast 12/00355/APP - 230m from the site - Erection of 84m wind turbine (rotor diameter 48m) and associated infrastructure at Land at Redhill Farm Rothiemay. Application refused on the grounds of unacceptable landscape impact and interference to the AD radar at RAF Buchan on 31 May 2012 Nearby to the west; 07/01630/FUL - 550m from the site - Steading conversion from disused agricultural to 2 no dwellinghouses at South Redhill, Rothiemay, Huntly, Moray. Application Permitted on 25 February 2013. Nearby to the north west; 07/00618/FUL - 520m from the site - Construct new cattle court and general purpose building at North Redhill Farm, Rothiemay, Huntly, Moray approved on 26 June 2012 09/02380/APP - 640m from the site - Erection of dwellinghouse and construction of new access to existing road at Land North of Redhill Farmhouse, Rothiemay, Moray. Application permitted 8 March 2010. Turbine applications within Aberdeenshire APP/2012/2844 - 1.3km south west of the site - Erection of single wind turbine, 54m to tip on Land to North of Rivestone, Kinnoir, Huntly. Application permitted 27 March 2013. APP/2011/3452 - 2.4km west of the site - Erection of single wind turbine, 67m to tip on Land to east of Mid Plough, Hill of Avochie, Huntly. Application refused following appeal to Scottish Ministers on grounds of unacceptable visual impact and impact on 2 nearby Scheduled Ancient Monuments. Advertisement The application has been advertised under neighbour notification procedures and as a departure to the development plan. Observations Section 25 of the 1997 Act as amended requires applications to be determined in accordance with the development plan i.e. the approved Moray Structure Plan 2007 and the adopted Moray Local Plan 2008 unless material considerations indicated otherwise. In this case the main planning issues are considered below. Structure Plan Policy 2 (l) promotes sensitive renewable energy developments and Policy ER1 outlines that wind energy development should be located within a "preferred search area" as originally defined within the Council's Supplementary Planning Guidance Wind Energy Planning Guidance (WEPG) (2005) but now superseded by the Council's Supplementary Planning Policy Guidance: Moray Onshore Wind Energy (MOWE) (March 2013) where "preferred search areas" are now referred to as "Areas of Search" (see below). As material considerations, Scottish Planning Policy (SPP) 2010 sets out national policy regarding renewable energy proposals, and separately, the Scottish Government web-based renewables advice identifies a number of factors to be taken into account in determining the location of turbines, including, landscape and visual impact, effects on the natural heritage and historic environment, contribution of the development to renewable energy generation targets, effect on the local and national economy and tourism and recreation interests, benefits and dis- benefits for communities, aviation and telecommunications, noise and shadow flicker and Cumulative impact. A number of these criteria are related or are similar to those identified in adopted local plan policy ER1, which require to be met and ensure any renewable energy proposal can be considered favourably (see Appendix). At the local level, and as material considerations agreed by this Council, the MOWE sets out guidance including a spatial framework for considering turbine developments, including regard to four typologies of turbines (i.e. small, small/medium, medium and large) and other detailed information to be considered in assessing wind energy developments; and the Council's Moray Wind Energy Landscape Capacity Study (LCS) (May 2012), prepared in partnership with Scottish Natural Heritage, considers mainly landscape and visual capacity issues associated with turbine developments. The LCS is based upon the four typologies of turbines (as identified in the MOWE) and identifies 'landscape character areas' for Moray. The LCS provides the most up-to-date landscape character assessment for Moray and refines the character area types identified in the earlier SNH Moray and Nairn Landscape Assessment, 1988. Landscape and Visual Impacts (2 l), ER1, IMP1, MOWE and LCS) The proposal, with a total height (to blade tip) of 54m, falls within the category of medium typology of turbine (i.e. between 50 - 80m) and is located within Landscape Character Area 8b: Valleys within Upland Farmland, as defined within the LCS. This landscape comprises the valleys of the River Deveron in the far eastern corner of Moray, the River of Deskford (which is partially defined as the 'Coastal Farmland' (4) in the Moray and Nairn Landscape Assessment), the Burn of Mulben and the upper reaches of the River Isla. The LCS summarises the sensitivity of the Deveron valley as strongly contained by steep farmed and wooded slopes. They are generally narrow and have a small to medium scale which is reinforced by their well-settled character. The adjacent 'Broad Forested Hills within Upland Farmland' (8a) form immediate skyline ridges seen from these valleys. These valleys often have a diverse land cover with mixed policy woodlands and a distinctive pattern of shelterbelts and avenue trees adding to the richness of well-managed farmland. Although these valleys are not readily visible from adjacent character types due to their visual containment, they are well- settled and contain a number of main roads increasing visual sensitivity. The LCS concludes that this landscape has an overall High sensitivity to both the large and medium typologies and that there is no scope to accommodate the larger typologies due to the likely adverse effects on the scale of these often narrow and strongly contained valleys and the presence of an even dispersal of buildings, woodlands and other small features. The proposed 'medium typology' wind turbine is not located within any relevant Area of Search (Map 9 of MOWE refers). These Areas are defined as areas with the greatest scope for further investigating the feasibility of wind turbine developments although such status does not imply a presumption in favour of granting permission. As a result the proposal is a departure from policy ER1 and falls to be considered against the relevant Development Plan policies, Landscape Capacity Study, requirements of this Guidance and any other material considerations. The applicant has submitted, amongst other things, an extensive package of visual assessment including a Landscape Character Capacity Appraisal, Landscape and Visual Assessment, supported by ZTV's, cumulative ZTV's, montages and wireframes. In brief these assessments conclude the following, "While there may be some major visual effects at the nearest visual receptors due to the introduction of a single 54m high turbine in the Narrow valleys within the Uplands of Moray and Nairn, particularly those areas within 1.3km of the site. These effects are further restricted by the local topography and vegetation. Visual effects on the surrounding Deveron Valley were found to be limited due to the location and overall