AGENDA ITEM MO. ... 18 Application No: Proposed Development: 12/00442/FUL Installation of a Wind Turbine and Associated Ancillary Development, (Maxiumum Height to Blade Tip 91 m) Site Address: Bedlay Colliery Site Birkenshaw Road Annathili Glasgow North Lanarkshire 069 8HL Date Registered: 26th Aprit 2012 Applicant: Agent: WhiteRock Energy UK Ltd Mike Molleson c-o LoganPM 8 Manor Place 8 Manor Place Edinburgh Edinburgh EH3 7DD EH3 7DD Application Level: Contrary to Development Plan: Local Application No Ward: Representations: 006 Coatbrldge North And Glenboig 1 12 letter(s) of representation and on- Fulton James MacGregor, Julie McAnulty, Michael line comments received. McPake, William Shields, Recommendation: Approve Subject to Conditions Reasoned Justification: The proposed application meets the criteria set out in the relevant policies contained within the Northern Corridor Local Plan 2005 and of the North Lanarkshire Local Plan. The environmental impact, including visual impact of the proposed development is considered acceptable and the proposed development can be accommodated at this location without significant detriment to the amenity of properties located within the vicinity of the site or on the surrounding rural area. 1 - 3 outwith plan area PLANNING APPLICATION 12f00442FUL eptd@dbyperml=on lnstatlation of a Wind Turbine and Associated Pmduced by f'heOr*anceSu~on Development, (Maxiurnurn Height to PIanning and Devebpment ehalfof MSO &?Crown Ancillary Environmental Sew1 opynghtanddetdssenght loom) North Lanarkshire C 312 All riohts reserved Flerning Houw rdrarnce <urvey Bedlay Colliery Site, Birkenshaw Road, 2 Tryst Road rmm number ~DOCRX3Ci6 &,nathilf Cumbemauld I G67 IJW I * Representation - Proposed Conditions:- 1. That the development hereby permitted shall be commenced within 3 years of the date of the permission, which shall subsist for a period of 25 years from the first date of generation of electricity from the development to the grid. Written confirmation of the first date of electricity generation shall be confirmed in writing to the Planning Authority. Within twelve months of the end of the permission, unless a further planning application is submitted and approved, the wind turbine, ancillary equipment and buildings shall be dismantled and removed from the site and the land restored in accordance with a restoration and after-care scheme to be submitted for the approval of the planning authority no later than 2 year prior to the expiry of the 25 years period, referred to above, Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006, to allow the planning authority to review the circumstances of the temporary permission in the interests of the amenity of the area in the longer term, beyond the 25 year period covered by the permission. 2. That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the approved drawings. Reason: To clarify the drawings on which this approval of permission is founded. 3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority, Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006). 4. That prior to its erection, details of the final specification of the turbine, including colour and finish, shall be submitted to and approved by the Planning Authority prior to their erection on site. Reason: To ensure that amenity and environmental assets are protected. 5. That prior to the erection or installation of any ancillary equipment or buildings, the design, colour and finish of the equipment and buildings shall be submitted to and approved in writing by the Planning Authority. Reason: In the interests of the visual amenity of the area, 6. That unless otherwise agreed in writing and prior to the installation of the turbine on site, the specification of the turbine with regard to noise predictions, shall be submitted to the Planning Authority for assessment and confirmation that the noise criteria in this approval will be met. Reason: In the interests of the amenity of the area 7. That noise levels inclusive of any necessary tonal correction at any noise sensitive property existing at the date of this consent shall not exceed an external free-field level Lm,,,,dnof the greater of 35dB or 5dB above the prevailing background noise level at any 10m height wind speed up to 12m/s during 07:OO-23:OO and the greater of 43dB or 5dB above the agreed prevailing background noise level at any 10m height wind speed up to 12m/s during 23:OO-07:OO. Reason: In the interests of the amenity of the area. That construction and decommissioning work, which is audible from the boundary of any noise sensitive receptor, shall only take place between the hours of 08.00-1 9.00 on Monday to Friday inclusive and 08.00-13.00 on Saturdays, with no working on a Sunday or local or national public holiday. Outwith these said hours, development at the site shall be limited to turbine commissioning, emergency works, dust suppression and the testing of plant and equipment, or construction work that is not audible from any noise sensitive property outwith the site. The receipt of any materials or equipment for the construction of the site, by track, other than turbine blades, nacelle and tower, is not allowed outwith the said hours, unless otherwise agreed by the council having been given a minimum of two working days notice of the occurrence of the proposed event. Reason: To minimise disturbance and to protect the amenity of nearby residents. That the turbine shall not be erected on site until the applicant has demonstrated that the following information has been provided to the Ministry of Defence: 0 Construction start and end dates; 0 The position of the turbine tower in latitude and longitude; 0 The height of the turbine in metres above ordnance datum and above ground level; and 0 Maximum height of construction equipment. Reason: In the interests of aviation safety That prior to commencement of development a Construction Method Statement shall be submitted to and approved by the Planning Authority. Such Construction Method Statement shall cover: Detalled and scaled map to include the anticipated layout and width of temporary and permanent tracks, cable routeing, turbine bases, crane standings, site storage compound, substation, on site switch gear and equipment store and any ancillary buildings. Details of any change to the layout shall be submitted to and approved by the Planning Authority; Details of all on-site construction, including drainage (incorporate SUDS where appropriate), pollution prevention, mitigation, post-construction restoration, and reinstatement work, as well as the timetables for such work. Details of construction practices in terms of minimisation of the use of raw materials and the reuse or recycling of waste materials; Details of surface water drainage measures to comply with national guidance on pollution prevention, including surface water run off from internal access roads; Details of welfare facilities Details of concrete and vehicle washdown areas; A dust management plan during the construction period: Details of the arrangement for the on-site storage of fuel oil; Details of the working and re-instatement of borrow pits; The development shall be implemented in accordance with the approved Construction Method Statement. Reason: In the interests of the amenity of the area, to ensure that necessary contingencies are in place, to minimise pollution risks arislng from construction activities, and to ensure the site is satisfactorily restored. That no symbols, signs or logos or other lettering, other than those required for health and safety and for traffic management, shall be displayed on any part of the turbine nor any other building or structures without the written consent of the Planning Authority, Reason: In the interests of the amenity of the area. 12. That as 6 months or more has elapsed between the completion of survey work used to inform the relevant ornithology and ecological assessments dated June 201 1 and the development hereby approved commencing, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site. Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007 and the Protection of Badgers Act 1992. 13, That prior to the commencement of development a construction methodology statement for protected species shall be submitted to and agreed in writing by the Planning Authority. For the avoidance of doubt this statement shall include: Measures for the protection of Otters and Badgers during construction. Confirmation that any pipes left on site during construction are capped to prevent entry of anlmals. Confirmation that excavations deeper than 1 metre are covered over night to prevent injury or death of animals. Where excavations are less than 1 metre deep, the sides should be graded or a ramp provided to allow easy egress of animals. Thereafter construction of the development shall be in accordance with this approved statement. Reason: To ensure the protection of species on site. 14. That prior to the commencement of development a Radar Mitigation Scheme to prevent the impairment of the performance of aerodrome navigatlon aids and/or the efflciency of air traffic control services shall be submitted to and approved in writing by the Council in consultation with BAA, Reason: In the interests of aviation safety, 15.