DATA LABEL: PUBLIC DEVELOPMENT AND TRANSPORT POLICY DEVELOPMENT AND SCRUITNY PANEL CONSULATION RESPONSE ON A WIND FARM PROPOSAL AT HARBURNHEAD, WEST CALDER REPORT BY HEAD OF PLANNING AND ECONOMIC DEVELOPMENT A. PURPOSE OF REPORT The purpose of this report is to advise the Development and Transport Policy Development and Scrutiny Panel of the council’s role as a statutory consultee under Section 36 of the Electricity Act 1989 in respect of a proposal to construct a windfarm at Harburnhead, by West Calder, and to set out a response to that proposal. B. RECOMMENDATION It is recommended that the panel: x notes that a windfarm proposal for a site at Harburnhead has been submitted to the Scottish Government; x notes that the scale of the windfarm requires it to be determined by the Scottish Government rather than by the council as planning authority; x notes that the council, as planning authority for the area of the proposal, is a statutory consultee; x notes that officers consider that the proposal will have unacceptable impacts on landscape and visual amenity; x notes that officers also consider that the proposal is unacceptable because of the cumulative impact of windfarms on, and adjacent to, the southern boundary of West Lothian; x recommends to the Council Executive that an objection to the proposal, as set out in the appendix to this report, is lodged; and x notes that if an objection is lodged, the Scottish Government will be obliged to hold a public inquiry to consider the proposal. C. SUMMARY OF IMPLICATIONS I Council Values Focusing on our customers' needs; being honest, open and accountable; making best use of our resources; and working in partnership. II Policy and Legal (including The scale of the application means that it is Strategic Environmental determined under the Electricity Act 1989. The Assessment, Equality council’s response should be framed within the Issues, Health or Risk terms of the Town and Country Planning Assessment) (Scotland) Act 1997, the Environmental Impact Assessment (Scotland) Regulations 2010 and the development plan for the area. 1 III Implications for Scheme of None. Delegations to Officers IV Impact on Performance and None. Performance Indicators V Relevance to Single Outcome 10 - We live in well designed Outcome Agreement sustainable places where we are able to access the services we need. Outcome 12 - We value and enjoy our built and natural environment and protect it and enhance it for future generations. VI Resources - (Financial, If the council objects to the proposal, it will have Staffing and Property) to be represented at a public inquiry. The cost of the council being represented will be managed within service budgets. VII Consideration at PDSP This is the first time that a report on this proposal has been presented to PDSP. VIII Other consultations None. D. TERMS OF REPORT D1 Background Spanish based Enel Viento SL has submitted an application to the Scottish Government under the Electricity Act 1989 to construct a windfarm on land a Harburnhead, east of Cobbinshaw Reservoir in the south western part of West Lothian. The scheme, if approved, would see the construction of 20 wind turbines of up to 126m in height and two up to 119m in height to blade tip. Associated with the development would be a crane hard-standing for each turbine, a substation, a permanent mast, some 10km of on site access roads and underground cabling. The site measures around 9.5ha. and a further 0.75ha would be used for construction purposes. The site comprises, in the main, commercial forestry and, if approved, around 50% of the site would be restored to bog habitat and broad-leafed woodland, increasing its bio-diversity interests. Annex I sets out a more detailed description of the proposal. As a consequence of the capacity of the site, which would produce in excess of 50MW of electricity, authorisation is sought from the Scottish Government through Section 36 of the Electricity Act 1989. A significant volume of representation has been received and this is summarised in Annex II. Annex III is an assessment of the proposal in the context of local and national planning policy. 2 Annex IV is the terms of the suggested objection to the proposal. Annex V is a location plan and proposed site layout. This report sets out the planning considerations relative to the determination of the proposal and concludes by recommending that the council should object to the proposal. The full set of documents relating to the proposal are available from Committee Services in the Civic Centre, or via the contact officer at County Buildings. D2 Planning Considerations The Development Plan, comprising the Edinburgh and the Lothians Structure Plan 2015 and the West Lothian Local Plan, contains policies that confirm that renewable energy schemes will be looked on favourably if the proposal is acceptable in planning terms, and does not give rise to unacceptable environmental effects, including cumulative landscape and visual impact. Against these tests, a number of schemes have been supported elsewhere in West Lothian. The Section 36 application is accompanied by an environmental statement and a range of supporting material. Based upon the views of statutory consultees and officers’ assessment of these documents, the key material planning considerations for the council are the landscape and visual impact that the development would have, with particular regard to the Pentland Hills; the cumulative impact that the development would have when seen in the context of other operational, consented or planned schemes; the effects on the Harburn House designed landscape; and aviation matters. D3 Landscape and Visual Impact The applicant has carried out an extensive assessment of the impact that the proposed windfarm would have. The assessment, framed by an understanding of the area’s landscape characteristics, is important in assessing these impacts. The applicant’s ES refers to the 1998 Lothian Landscape Character Assessment. However, a more recent study, the draft ‘Landscape Capacity Study for Wind Energy’ was reported to members in October 2011. The terms of this study are a material consideration in framing the council’s response. Within the 2011 study the proposal is located in landscape character area 2 (ii) and that study comments that the area has a medium sensitivity in landscape character terms. The site and its surrounding area is characterised by openness and is of a large scale. In particular, the study notes that there are extensive views northwards from the A70; it is located adjacent to the A70 which is a principal sensitive route and the area is seen as not having any potential for wind energy development for these reasons. It is also important to note that the site is adjacent to the designed landscape around Harburn House which is of local significance. Overall the council’s 2011 study concludes that the landscape of this part of West Lothian has little or no capacity to accommodate a windfarm of this scale. The boundary of the site is around 300m from the Pentland Hills Area of Great Landscape Value (AGLV). 3 Scottish Natural Heritage (SNH), the statutory consultee with responsibility for landscape matters, considers that the proposal will result in significant adverse landscape and visual impacts. In essence, SNH considers that the scale of the proposal is not in keeping with the pattern of existing windfarm development here and that it would impact unacceptably on the views of those who enjoy the scenic beauty and relative remoteness of the Pentland Hills. To SNH the impact of the development could be lessened by a reduction in the size of the site. The applicant has sought to rebut the views of SNH and a copy of that correspondence is available in the application file. The applicant’s environmental statement contains a series of photographs that detail the landscape and visual effects of the development. For example, when seen from Cobbinshaw Reservoir, the proposal would interrupt wide open views to the Pentland Hills. A further example of the very intrusive nature of the scheme is seen from the viewpoint on the A70, adjacent to the council boundary, where the development would transform currently open and sweeping views of east central Scotland. Similarly, albeit at a greater distance, when looking westwards from the A70 at Harperrig, the scheme would introduce visual intrusion in close proximity to the Pentland Hills AGLV. It is important to have regard to the effects of the development on settlements close by in South Lanarkshire. The proposal would be particularly noticeable from the area at Tarbrax and Woolfords. In summary, the landscape of West Lothian around Cobbinshaw is an area characterised by open vistas which provides a setting for the more sensitive landscapes of the Pentland Hills. It is visible from a principal route (the A70, from popular local outdoor recreation facilities and from the designed landscape of Harburn House. The substantial landscape change that would be brought about by the proposal would be unacceptable in landscape and visual terms. D4 The Pentland Hills In responding to the proposal it is important to recognise the impact that the development would have on the landscape setting of the Pentland Hills. The Pentland Hills are recognised by SNH as being one of the few areas of ‘wild land’ in the central belt and a landscape feature of primary importance. The site is within 300m of the designated Pentland Hills Area of Great Landscape Value (AGLV) and just over 1km from the boundary of the Pentland Hills Regional Park. The proposal will give rise to significant adverse effects on landscape character and visual amenity across the western edge of the Pentland Hills Regional Park and AGLV. It will bring very intrusive development to within 300m of an area protected for its landscape qualities.