Argyll and Bute Council Development and Infrastructure Delegated or Committee Planning Application Report and Report of handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 relative to applications for Planning Permission or Planning Permission in Principle ____________________________________________________________________________ Reference No : 14/00403/PP Planning Hierarchy : Local Development Applicant : Celtic Sea Ltd Proposal : Erection of 50kW Wind Turbine (34 Metres to Blade Tip) Site Address : Celtic Sea Ltd, Arduaine, by Oban ____________________________________________________________________________ DECISION ROUTE Local Government Scotland Act 1973 ____________________________________________________________________________ (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Erection of 50kw wind turbine (34 metres to blade tip) ____________________________________________________________________________ (B) RECOMMENDATION: Having due regard to the Development Plan and all other material considerations, it is recommended that the application be refused for the reasons appended to this report. ____________________________________________________________________________ (C) HISTORY: 11/00704/PP - Erection of dwellinghouse and ancillary accommodation unit – granted: 19/07/11 08/01705/DET – Erection of breakwater – granted: 20/03/09 06/01367/DET - Connection of walkway to shore – granted: 03/10/06 05/02077/DET - Extension to storage shed – granted: 18/04/06 02/02008/DET - Erection of storage and dispatch shed, depuration holding tanks, shed for mussel farm and slipway – amended proposal to 01/01693/DET – granted: 18/03/03 01/01693/DET - Formation of access and slipway and erection of storage shed – granted: 07/02/02 ____________________________________________________________________________ (D) CONSULTATIONS: Area Roads Manager Report dated 04/03/14 advising no objections. Environmental Health Unit Memo dated 17/03/14 advising that there is insufficient information with regards to noise from the proposed turbine and a noise assessment is required. Scottish Natural Heritage E-mail dated 10/03/14 advising that the scale of the turbine is in keeping with the WECS and will be visually associated with the other Celtic Sea building in this location. If permission is to be granted it would he advisable that the tower and blades are coloured a matt green colour which will significantly reduce the intrusiveness of the development on the landscape. Bats may be present in nearby trees and consultation with the Biodiversity Officer is advised. National Air Traffic Systems E-mail dated 25/02/14 advising that the proposal does not conflict with their safeguarding criteria and accordingly they have no objection. Ministry of Defence Letter dated 18/03/14 advising no objection. Kilninver & Kilmelford Community Council Letter dated 10/04/14 objecting to the proposed development on the following grounds. • Approval of this application would set a precedent for other wind turbines on the coast; • The proposed wind turbine would be a very visible feature and would have an adverse visual impact on the wider landscape; • The proposed wind turbine would have an adverse impact on tourism for the area; • The proposed wind turbine would be visible from the A816 public road and would pose a risk to road users; • The proposed wind turbine would obstruct the view from the dwellinghouse currently under construction at ‘Eathie’; • The proposed wind turbine would cause intrusive noise on nearby residents and also those further afield; • There is increasing evidence on the potential health hazards of wind turbines. • The site for the proposed wind turbine in a sheltered cove would not appear to be the most efficient spot for a wind turbine; • The proposed wind turbine would have an adverse impact on wildlife in the surrounding area; • The application suggests that the turbine would create 5 more jobs, possibly in the building stage, but surely not after construction which leads to the assumption that the overall site is to be developed further which would be a worry for tourism in the area. These comments reflect those made by third parties and the issues of concern are individually assessed at Section F below. Biodiversity Officer No response at time of report and no request for an extension of time. RSPB No response at time of report and no request for an extension of time. ____________________________________________________________________________ (E) PUBLICITY: The proposal has been advertised in terms of Regulation 2o procedures, closing date 27/03/14. ____________________________________________________________________________ (F) REPRESENTATIONS: 34 objections have been received regarding the proposed development. Mr James Robb, Arduaine Farm Lodge, Arduaine, PA34 4XQ (20/03/14) Mrs Winifred Campbell-Robb, Arduaine Farm Lodge, Arduaine, PA34 4XQ (20/03/14) Mr Peter Salmond, 18 The Glebe, Kilmelford, PA34 4XF (19/03/14) Mr A D F Dalton, Maolachy House, Lochavich, PA35 1HJ (22/03/14) Mrs Mhairi Taylor, 10 Cramond Road North, Edinburgh, EH4 6HS (25/03/14) Mr James Dinsmore, Tulloch Beag, Kilmelford, PA34 4XA (26/03/14) A M Timmins, The Old Kirk, Kilmelford, PA34 4XD (20/03/14) Mrs Lorna Hill, Kames Lodge, Kilmelford, PA34 4XA (27/03/14) Mr Robert Hill, Kames Lodge, Kilmelford, PA34 4XA (27/03/14) Mrs Gillian Dinsmore, Tulloch Beag, Kilmelford, PA34 4XA (27/03/14) Mrs Ruth MacCowan, 49 The Glebe, Kilmelford, PA34 4XF (27/03/14) Mrs Rachel Ross, Largian, Arduaine, PA34 4XN (27/03/14) Jane Davidson, Eathie, Arduaine, PA34 4XQ (26/03/14) Mrs Georgina Dalton, Maolachy, Lochavich, PA35 1HJ (24/03/14) Helen Keate, Kilchoan Farm, Kilmelford, PA34 4XD (24/03/14) Mr Andrew Vivers, Arniefoul, Glamis, Forfar, DD8 1UD (09/04/14) Mr Rick Potter, Old Cottage, Arduaine, PA34 4XQ (05/03/14) Mr Michael Campbell, Arduaine Farm, Arduaine, PA34 4XQ (26/03/14) Mrs Antoinette Mitchell, Barochreal, Kilninver, PA34 4UT (16/03/14) Mr Nigel Mitchell, Barochreal, Kilninver, PA34 4UT (12/03/14) Mr Fergus Gillanders, Craigaol, Kilmelford, PA34 4XA (07/03/14) Mrs Caroline Gillanders, Craigaol, Kilmelford, PA34 4XA (18/03/14) Mr Maurice Wilkins, Arduaine Gardens , Arduaine, PA34 4XQ (14/03/14) Mr John Stannard, Seall Na Mara, Arduaine, PA34 4XQ (13/03/14) Ms Jane Rentoul, Laroch, Kilmelford, PA34 4XA (25/03/14) Mrs Linda Battison, Gleancrion, Lerags, PA34 4SE (27/03/14) Mr David Wilkie, Ardrowan, Kilmelford, PA34 4XA (13/03/14) Mr Calum Ross, Loch Melfort Hotel, Arduaine, PA34 4XG (27/03/14) Mrs Shelagh Cannon, Kames Bay, Kilmelford, PA34 4XA (27/03/14) Hamish Taylor, Eathie, Arduaine, PA34 4XQ (26/03/14) Peter J Taylor, 11A Rothesay Mews, Edinburgh, EH3 7SG (25/03/14) Mr PS Metcalfe & Mrs VCK Metcalfe, no address given (08/03/14) Jose Vega - Lozano by e-mail (30/04/14) Ewan G Kennedy by e-mail (08/03/14) (i) Summary of issues raised • The proposed wind turbine it too large, would be an intrusive feature and would have a significant adverse visual impact on the landscape, both from land and sea, which has been identified as an Area of Panoramic Quality. Comment: This concern is shared by the Planning Service and is fully assessed in Appendix A of this report. • Visual impact on the scenic environment and from neighbouring houses. The existing mussel farm is already detrimental to the landscape at this location and this would be exacerbated by the proposed wind turbine. The visual assessment submitted with the Project Report has not been prepared by a qualified person and it is inaccurate. Comment: This concern is noted with the impact of the proposed wind turbine being fully assessed in Appendix A of this report. • The location of the proposed wind turbine adjacent to the main A816 public road would be a distraction to road users and could cause accidents. Comment: The Area Roads Engineer has been consulted and raised no concerns with regards to road safety issues associated with the proposed turbine. • The turbine would result in loss of residential amenity through loss of rural character. Impact on approved house at the Celtic Sea Ltd site. Comment: The rural character of the area would not be so strongly affected as to reduce residential amenity at neighbouring houses and the issues of character and residential amenity appear to be somewhat disconnected. Adjacent housing is more likely to be affected by impacts on private views (which are not a material consideration) and noise levels, which are evaluated below. Impact on the approved house at Celtic Sea would be in respect of accommodation within the applicant’s control and therefore is less critical than impacts on third party houses which are outwith the applicant’s control. • Various criticisms of the accuracy, competency and lack of independence in the submitted Project Report, which was compiled by the applicant in support of their own application. Comment: The criticisms are noted and in many cases verified by the Planning Service Assessment, but could likely have been minimised or avoided altogether had an independent specialist been appointed to prepare the supporting statements. The degree of impact arising from the development does appear to have been under-estimated. • The road which runs adjacent to the application site is the main coastal tourist route for this area renowned for its beauty and in the holiday months carries a large volume of traffic. The proposed wind turbine would have an adverse impact