ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 12 JANUARY 2016 15/00418/PPW – APPLICATION TO INSTALL 1 NO. LELY AIRCON 30 KW WIND TURBINE, ON AN 18M GALVANISED STEEL FOLD-DOWN TOWER. HEIGHT TO TIP 25.8M, AT 15 PORTVOLLER, POINT, ISLE OF LEWIS Report by Director of Development PURPOSE OF REPORT Since the planning application has been the subject of more than six representations 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 recommendation being implemented. SUMMARY 2.1 This is a planning application by Dr Alan Fish, 15 Portvoller, Point, Isle of Lewis for planning permission to install 1 no. Lely Aircon 30 kW wind turbine, on an 18 metre fold- down tower, with a tip height of 25.8 metres at 15 Portvoller, Point, Isle of Lewis. 2.2 A Report on the case was previously presented to the meeting of the Environment and Protective Services on 24 November 2015 when it reconvened on 1 December 2015. The decision of the Committee was that the application be deferred until a meeting of the Committee in mid-January 2016 when it was expected that further information would be available from Highlands and Islands Airports Ltd. 2.3 The application is within the settlement of Portvoller. Twelve representations were received from third parties – 10 representations and one petition objecting to the development (the petition having nine signatories, four of which are also numbered in the 10 individual representations) and one supporting the development. A further representation was received from the Maritime & Coastguard Agency (MCA) on 6 January 2016. A summary and assessment of the representations is set out in the Report. Those opposing the development are mainly highlighting impacts relating to noise, visual impact, landscape impact, scale of the turbine, wildlife impacts, and aviation impacts. The representation supporting the development detailed impacts relating to benefits of renewable energy development, specifically in relation to global temperature rises and benefit to the island in relation to becoming ‘carbon neutral’. The MCA cite adverse impact on radio transmission to and from their Portnaguran mast which could significantly reduce their mandated capability and in turn pose an unacceptable risk to maritime safety in the area. 2.4 The MCA representation raises a material planning issue of some weight as the maintenance and protection of maritime safety infrastructure is in the public interest (Appendix 2). This representation indicates an unacceptable adverse impact on telecommunications transmitting and receiving systems such that the development would be contrary to that element of Policy 19 of the Development Plan. It is therefore concluded that in order to allow sufficient time for the applicant to consider the MCA objection and the Planning Service in turn to conclude an assessment of the potential telecommunications interference, a decision on the application be deferred until the meeting of the Committee on 9 February 2016. RECOMMENDATION 3.1 It is recommended that consideration of the application be DEFERRED until the meeting of the Committee on 9 February 2016. Contact Officer: Helen MacDonald Tel: 01851 822 690 Email: [email protected] Appendix: 1 Site Plan 2 Letter from Maritime & Coastguard Agency received 6 January 2016 Background Papers: None DESCRIPTION OF THE PROPOSAL 4.1 This is a planning application by Dr Alan Fish, 15 Portvoller, Point, Isle of Lewis for planning permission to install 1 no. Lely Aircon 30 kW wind turbine, on an 18 metre fold- down tower, with a tip height of 25.8 metres at 15 Portvoller, Point, Isle of Lewis. 4.2 The site is located in the village of Portvoller on the south side of the A866 which runs the length of the Eye Peninsula. The village is linear in pattern, though a number of properties are set somewhat back from the main line of settlement. These are more in line with the houses on the Portvoller village road which runs perpendicular to the housing accessed directly from the A866. 15 Portvoller and the site of the turbine sits approximately 160 metres back from the main road. The site consists of the existing house at 15 Portvoller and sits within the garden ground for the development. 4.3 The proposed turbine is 18.83 metres to the hub, and 25.8 metres to the tip. The turbine is sited approximately 25 metres from the gable of the applicant’s own house which is approximately 5.5m in height to the ridge. ADMINISTRATIVE PROCESSES 5.1 The planning application by Dr. Allan Fish, 15 Portvoller, Point, Isle of Lewis, was registered on 07 October 2015. 5.2 The planning application was advertised for public comment in the public notices section of the Stornoway Gazette in the publication dated 22 October 2015, as required by regulations. 5.3 A Report on the case was previously presented to the meeting of the Environment and Protective Services on 24 November 2015 when it reconvened on 1 December 2015. The decision of the Committee was that the application be deferred until a meeting of the Committee in mid-January 2016 when it was expected that further information would be available from Highlands and Islands Airports Ltd. ENVIRONMENTAL IMPACT ASSESSMENT (SCOTLAND) REGULATIONS 2011 6.1 The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 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, the Director of Development, Comhairle nan Eilean Siar on 19 November 2015 issued a Screening Opinion stating that 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. PREVIOUS PLANNING DECISIONS RELATING TO THE SITE 7.1 The following planning history relates to the site: Ref. No. Description Decision Date 15/00418/SCR_L Installation of 1 no. 30 kW Wind No EIA 19.11.2015 Turbine, on 18m galv. steel fold- Required down tower. Height to tip 25.8m. RESPONSES TO CONSULTATION 8.1 The full terms of the responses to statutory and other consultations 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. COMHAIRLE ENVIRONMENTAL HEALTH SERVICE 8.2 ‘Based on the noise data provided by the company and the location of the nearest properties, other than the developer’s, I would advise attaching the standard noise conditions to the development. I would also advise that given the proximity of the proposed turbine to the developers own house they are likely to be affected by noise from the turbine.’ OFCOM 8.3 Awaited. CONNECTED COMMUNITIES 8.4 ‘The MOD has no safeguarding objections to this proposal.’ MINISTRY OF DEFENCE 8.5 ‘…the MOD has no objection to the proposal’. HIGHLANDS AND ISLANDS AIRPORTS LTD 8.6 7 December 2015 – ‘Regarding HIAL's previous response to application 15/00418/PPW… We have now received written confirmation from NATS that the airport navigation aids would not be affected. Therefore HIAL will withdraw its objection to this development.’ 8.7 21 October 2015 - ‘This development falls inside the safeguarded areas for Stornoway Airport. The turbine lies adjacent to the approach procedures and has the potential to affect the performance of electronic aeronautical systems for the airport. HIAL would not wish to see a degradation of any of these services. Assurances would need to be obtained from NATS that the navigation aids would not be affected, particularly the VOR installation which is located to the South west of the development on the Eye peninsular. HIAL would object to this development until these assurances can be obtained from NATS.’ Note: HIAL require to secure clearance from NATS (Air Traffic Engineering) on navigation aids. NATIONAL AIR TRAFFIC SERVICE (NATS ) (EN ROUTE ) 8.8 ‘The proposed development has been examined from a technical safeguarding aspect and does not conflict with our safeguarding criteria. Accordingly, NATS (En Route) Public Limited Company ("NERL") has no safeguarding objection to the proposal’. REPRESENTATIONS 9.1 Representations against the proposal have been received from the following: • The Maritime & Coastguard Agency (MCA), 105 Commercial Road, Southhampton, (see Appendix 2); • Alan Smith, 12 Portvoller, Point, Isle of Lewis; • Claire Walker, ‘Aros’, 6 Broker, Point, Isle of Lewis; • Conan Macleod, 11 Portvoller, Point, Isle of Lewis; • Ronald MacAlpine, 4B Portvoller, Point, Isle of Lewis; • Jayne Watson, 6 Broker, Point, Isle of Lewis; • Kathryn G Macleod, 10A Portvoller, Point, Isle of Lewis; • Ian Kennedy, 3 Old Mill, North Kessock, Inverness (and 19 Portvoller); • Christine Bestwick, ‘Shalom’, 10 Portvoller, Point, Isle of Lewis; • Michael WA and Catherine M Dunn, 13 Portvoller, Point, Isle of Lewis; • Jaclyn Campbell, ‘Charlyn’, 7b Portvoller, Point, Isle of Lewis; • Alan Smith, 12 Portvoller, Point, Isle of Lewis (9 person petition – including 4 persons submitting representations noted above). Representations in support of the proposal have been received from the following: • Christian Wagner, 22 Portvoller, Point, Isle of Lewis. 9.2 The full terms of the Representations can be read on the file at the Development Department. However, they can be summarised as follows: • Noise. • Visual impact. • Landscape impact. • Loss of (residential) amenity. • Scale. • Turbine could prevent future development (by sterilizing land). • Light pollution potential if red-obstacle light is required. • Alternative renewable energy options would be better suited. • Wildlife impact – including protected species, such as sea eagles.