REPORTS/EPS/PAIRC ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 3 DECEMBER 2007 PAIRC WIND FARM PROPOSAL Report by Head of Development Services PURPOSE OF REPORT To determine the view of the Comhairle as ‘Principal Consultee’ in respect to a consultation from the Scottish Executive regarding an application for consent under Section 36 of the 1989 Electricity Act. COMPETENCE 1.1 There are no financial, legal or other constraints to implementing the proposals. SUMMARY 2.1 An application was lodged by Scottish and Southern Energy plc with the Scottish Government on 1 June 2007 for a 57 turbine wind farm sited in South Lochs, Isle of Lewis. 2.3 In 2004 the Comhairle agreed a process for considering such a large wind farm. In June 2007, the Comhairle updated procedures for considering the Pairc Wind Farm application. As part of the process, information gathering hearings were held on 3 and 4 September 2007. The purpose of these hearings was to: give the Comhairle the best opportunity to understand the key issues as comprehensively as possible; allow Community Councils and key consultees the opportunity to present and clarify their views and the reasons for them; and order the delivery of views and consideration of issues in a logical manner (see Appendix 1 for presentations given at the hearings). The deadline for comments on the application from the Comhairle, as ‘Principal Consultee’, was extended to 14 December 2007 (see Appendix 2 ­ case for extension). This allowed the hearings to go ahead in September which has given around two months to prepare the details of this report. 2.4 The Hearings were facilitated by special meetings of the Environment and Protective Services Committee. The timetable for the hearing meetings is attached at Appendix 3. 2.5 A summary of the proposed development is contained in section 6 of this report. Relevant plans, figures and images will also be presented to the Committee by the Head of Development Services in an introductory presentation at the beginning of the Meeting on 3 December 2007. 2.6 This Report details the proposals, considers comments received on them, provides an evaluation against the relevant planning policy context and then offers conclusions and a recommended view to be submitted to the Scottish Ministers. RECOMMENDATIONS 3.1 It is recommended that: a) the Comhairle be of the view that Scottish Ministers approve the Pairc Wind Farm application under Section 36 of the Electricity Act 1989, subject to all of the terms and planning conditions detailed at Appendix 21 of this Report; b) the Chief Executive be authorised to enter into negotiations with Scottish and Southern Energy plc and other relevant land interests to prepare a Section 75 Planning Agreement, on such terms as outlined in Appendix 21 of this Report; and c) the Comhairle inform Scottish Ministers that it is of the view that there is no public interest in holding a Public Local Inquiry for the Pairc Wind Farm proposal. Contact Officers Mairi Mackinnon/ Keith Bray Direct Line 709544 e­mail: kbray@cne­siar.gov.uk 1 LIST OF APPENDICIES 1. Environment & Protective Services Committee Meeting 3 / 4 September – Presentations and Consultation Responses 2. Request and case for an extension of Principal Consultee Submission Deadline 3. Timetable of Hearing – Meeting of EPS Committee – 3 / 4 September 2007 4. Non Technical Summary – Pairc Wind Farm 5. Scottish Executive Guidance Note – Electricity Act 6. Historic Scotland Consultation Response 7. Wind Turbine Elevation (fig 4.2 of Environmental Statement) 8. Access tracks, Layout & Water Crossings (fig 4.4 of Environmental Statement) 9. Compounds & Lay Down Areas (fig 4.7 of Environmental Statement) 10. Wind Farm layout (fig 4.1 of Environmental Statement) 11. Landscape Designations (fig 8.1 of Environmental Statements) 12. Main Landscape Types within Site (fig 8.4 of Environmental Statement) 13. ZVT and Wild Land Search Areas (fig 8.7 of Environmental Statement) 14. Composite ZVT (fig 9.4 of Environmental Statement) 15. Additional requested wire frames – Habost and Garyvard (fig WF6) 16. Proximity of Turbines to Existing Settlements 17. Noise Contours Within Site 18. Turbines Identified for Deletion 19. Schedule of Proposed Turbine Deletions 20. Photo Montages with Turbines Identified For Removal 21. Proposed Terms and Planning Conditions 22 Representations ­ Graphs 2 BACKGROUND 4.1 An application was lodged by Scottish and Southern Energy plc with the Scottish Executive on 1 June 2007 for a wind farm, with 57 turbines sited in the Pairc area of South Lochs, Isle of Lewis. The deadline for comments on the application by the Comhairle, as Principal Consultee, has been extended to 14 December 2007 (see Appendix 2 ­ case for extension). The development should be considered in terms of Electricity generation proposals over 50 MW (1 MW for hydro plant) falling to be authorised under section 36 of the Electricity Act 1989, The Electricity (Applications for Consent) Regulations 1990 (SI 1990 No. 455) and the associated Electricity Works (Environmental Assessment) (Scotland) Regulations 2000 (SSI 2000, No 320). The authorisation procedures also include provisions for a public inquiry in circumstances where relevant objections are lodged (see The Electricity (Applications for Consent) Regulations 1990 SI 1990 No. 455 and SOEnD Circular 3/1991). 4.2 In 2004 the Comhairle agreed a process for considering such a large wind farm. In June 2007, the Comhairle agreed updated procedures for considering the Pairc Wind Farm application. As part of the process, information gathering Hearings were held on 3 and 4 September 2007 to give the Comhairle the best opportunity to: understand the key issues as comprehensively as possible; allow Community Councils and key consultees the opportunity to present and clarify their views and the reasons for them; and order the delivery of views and consideration of issues in a logical manner. These hearings were facilitated by special meetings of the Environment and Protective Services Committee. The timetable for the hearing meetings is attached at Appendix 3. The presentations from of the hearings, along with consultee responses, were sent to all Members at the end of September 2007 (Appendix 1). 4.3 Copies of the Non­Technical Summary of the Environmental Statement (see Appendix 4), showing the layout and summarising the proposals, were circulated to all Members and to Community Councils directly affected in June 2007. As ‘Principal Consultee’, the Comhairle has a key role in the decision making process and should treat the matter as if it were the Planning Authority, considering all relevant information in the case. A Local Authority is the Planning Authority charged with enforcing any ‘deemed’ planning consent given with any Section 36 Application approval and is the only statutory consultee that can trigger a Public Local Inquiry if an objection is raised (see guidance note on procedure at Appendix 5) 4.4 In order to properly consider all relevant matters this report is structured as follows: Section 4 Background Section 5 Policy Context Section 6 Description of the Proposal Section 7 Landscape and Visual Assessment Section 8 Ecology Section 9 Ornithology Section 10 Noise Section 11 Cultural Heritage Section 12 Soil and Water Section 13 Roads and Traffic Section 14 Air and Climate Section 15 Telecommunications and Aviation Section 16 Socio­Economic, Recreation and Tourism Section 17 Other Material Considerations Section 18 Representations Section 19 Discussion and Conclusions Section 20 Recommendations 3 POLICY CONTEXT 5.1 This section of the Report aims to discuss, in general terms, current planning and other policy context relevant to the Pairc Wind Farm application. The section does not seek to evaluate the proposal against policy. More detailed analysis is provided throughout the body of the Report. Climate Change and Energy Policy 5.2 Climate Change ­ Climate change is seen as the main challenge to deliver future development that is sustainable. The principal area of agreement concerns the urgent need to tackle greenhouse gas emissions. In Scotland it is the ‘Changing Our Ways – Scotland’s Climate Change Programme’ that sets out the Government’s commitment to reduce green house gas emissions and reduce Scotland’s vulnerability to the impacts of Climate Change. 5.3 Other key framework documents on Climate Change are: • Climate Change ­ The UK Programme, 2006 • State of Scotland Environment Report, SEPA, 2006 • Stern Report, 2006 • Patterns of Climate Change Across Scotland, SNIFFER, 2006 5.4 ‘Choosing Our Future: Scotland's Sustainable Development Strategy’ sets out the context that drives the Governments sustainable development agenda. The Strategy highlights, as key priorities: the need to protect and manage natural resources for the long term; the need to protect the historic environment; and the need to change the way Scotland generates and uses energy with a view to reducing greenhouse gas emissions and maximising our considerable renewable energy potential. 5.5 ‘Energy ­ UK Energy Review, DTI, 2006’ ­ In terms of UK energy policy, the Governments energy review highlighted the need for onshore wind and has re­stated a target of 20% of UK’s electricity from renewable sources from renewables. In response to the review, the Comhairle has stated: ‘The Western Isles has one of the most abundant and constant sources of renewable energy in the inhabited world. This energy comprises a mixture of wind, wave and tidal opportunities. Applications for wind farms in the Western Isles that would produce over one gigawatt have already been submitted for approval. Other proposals that have passed Environmental Assessment Scoping stage would take the proposed output level to about 1.5 gigawatts. Wind assessments made by the applicants for these projects have shown a significantly higher efficiency rate (of around 45%) than in most mainland locations where variableness in wind levels has produced an average efficiency rate that is closer to 30%.