ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 3 SEPTEMBER 2013 12/00639/PPD – 13 BORNISH, ISLE OF SOUTH UIST – APPLICATION FOR PLANNING PERMISSION TO INSTALL A 50KW WIND TURBINE WITH A TOWER HEIGHT OF 18M AND A BLADE TIP HEIGHT 26.6M. Report by Director of Development PURPOSE OF REPORT Since the application is considered by the Appointed Officer to be sensitive the planning application is present to Committee for a decision. COMPETENCE 1.1 There are no legal, financial or other constraints to the recommendation being implemented. SUMMARY 2.1 It is proposed to install a Harbon HWT60 50kW wind turbine with a 18m hinged tower and a blade tip height of 26.6m approximately 330m east of the Bornish Township road on the croft at 13 Bornish, Isle of South Uist. The site is approximately 350m from the nearest noise sensitive property. 2.2 The Ministry of Defence (MOD) objected to the application on the grounds that the turbine will be 41.4km from, detectable by and will cause unacceptable interference to the Air Defence (AD) Benbecula radar on South Clettraval, Isle of North Uist. 2.3 In response to the objection, the agent wrote to the MOD asking if the objection would be removed if the turbine was relocated or if the height was reduced. The MOD was reconsulted but maintained its objection. Prior to the Committee’s consideration of the application on 24 July 2013, the applicant submitted a letter (copy appended), questioning the MoD objection. The Committee decision was to defer consideration of the application until the meeting of the Committee scheduled on 3 September 2013, on the basis that the letter submitted by the applicant be subject to consultation with the Ministry of Defence. The MOD has been consulted on the letter and responded by letter dated 14 August 2013 (copy appended). The MOD maintains its objection. 2.4 The application is therefore assessed to be contrary to Policy 19 (part b) and Policy 20 of the Outer Hebrides Local Development Plan. 2.5 The Comhairle is required to determine planning applications in accordance with the provisions of its Outer Hebrides Local Development Plan unless material planning considerations indicate otherwise. The proposal has been assessed against the Outer Hebrides Local Development Plan and is considered to be contrary to its provisions. Material considerations have also been assessed and given due weight. The conclusion following assessment is that there are no material considerations that indicate that the Comhairle’s Outer Hebrides Local Development Plan should not be accorded priority. It is therefore recommended that the application be refused for the reason appended to this Report. RECOMMENDATION 3.1 It is recommended that the application be REFUSED for the reason set out in Appendix 1 to this Report. Contact Officer Hannah Morrison Telephone: 01870604990 Email: hmorrison @cne-siar.gov.uk Appendix 1 Schedule of Reasons for Refusal 2a Applicant letter dated 17 July 2013 2b MOD response letter dated 14 August 2013 Background Papers Item 12 Environment & Protective Services Committee 24 July 2013 REPORT DETAILS DESCRIPTION OF THE PROPOSAL 4.1 This is a Planning application for installation of a Harbon HWT60 50kW wind turbine, with a tower height of 18m and a blade tip height of 26.6m. The wind turbine will have a grey tower and will have white blades. 4.2 The proposal is located on the croft at 13 Bornish, Isle of South Uist approximately 330m east of the Bornish Township road. The turbine has been sited 40m south of overhead power lines and the application site is within the South Uist Machair National Scenic Area. 4.3 The proposal is within the class of Local development within the Planning Hierarchy. ADMINISTRATIVE PROCESSES 5.1 The planning application by Mr Alasdair Paul MacDonald, c/o Fraser Architecture LLP, An Taigh Dearg, 21a Carinish, Isle of North Uist was registered on 19 October 2012. 5.2 The planning application was advertised for public comment in the public notices section of the Stornoway Gazette in the publication dated 25 October 2012 as required by regulation. ENVIRONMENTAL IMPACT ASSESSMENT (SCOTLAND) REGULATIONS 2011 6.1 The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 (The 2011 Regulations) apply to this proposal. 6.2 The proposed development is Schedule 2 Development – Category: Category: 3 Energy Industry 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, Comhairle nan Eilean Siar on 19 December 2012 issued a Screening Opinion stating that in its opinion 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 There is no planning history relating to the site. RESPONSES TO CONSULTATION 8.1 The full terms of the responses to statutory and other consultation 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. MINISTRY OF DEFENCE 8.2 ‘I am writing to inform you that the MOD objects to the proposal. Our assessment has been carried out on the basis that there will be 1 turbine, 26.6 metres in height from ground level to blade tip and located at the grid reference: NF 74477 30234 Air Defence (AD) Radar The turbine will be 41.4km from, detectable by and will cause unacceptable interference to the AD radar at Benbecula. Trials carried out in 2005 concluded that wind turbines can have detrimental effects on the operation of radar which include the desensitisation of radar in the vicinity of the turbines, and the creation of "false" aircraft returns. The probability of the radar detecting aircraft flying over or in the vicinity of the turbines would be reduced, and the RAF would be unable to provide a full air surveillance service in the area of the proposed wind farm. MOD Safeguarding wishes to be consulted and notified about the progress of planning applications and submissions relating to this proposal to verify that it will not adversely affect defence interests…’ MOD (RE-CONSULTATION RESPONSE DATED 23 MAY 2013) 8.3 ‘When we assess that a wind energy development will be detectable by an Air Defence Radar, we will object if potential turbine proliferation within a critical area around the proposal has already reached or exceeded a certain level. When assessing potential proliferation we take account of developments that have been consented, built or which are awaiting determination. We disregard developments that have been refused and are outwith the period allowed for appeal; which have been withdrawn or which have been granted but where permission has expired. We would, therefore, only be inclined to review an objection where the potential proliferation has been reduced due to the expiry of a planning condition or where other proposals have been refused or withdrawn. As a consequence, in reviewing our objections to 12/00639…, I have only looked at the data provided in the “Planning refused-expired-alt” page of your spreadsheet. We have recently carried out our own exercise to update our records regarding the outcomes of turbine planning applications that have been assessed as being detectable by MOD radar. I am pleased to note that, while we were not consulted about some of the older applications, the information on this page of your spreadsheet regarding more recent applications concurs with the data we hold on our database. Using the updated information we still have a record of 27 potential turbines, within the critical area around 12/00639, that we were consulted about prior to the date of this consultation. … this represents an unacceptable level of turbine development. We must, therefore, maintain our objection…’ MOD (RE-CONSULTATION RESPONSE DATED 14 AUGUST 2013) 8.4 See letter attached at Appendix 2b SCOTTISH NATURAL HERITAGE 8.5 ‘We have no objection to this proposal. Appraisal of the Likely Impacts on Natural Heritage Interests The proposed development is approximately 620m from the boundary of the Bornish and Ormiclate Machair Site of Special Scientific Interest, South Uist Machair and Lochs Special Protection Area (SPA) and South Uist Machair Area of Conservation (SAC). In our opinion there will be no likely significant effect on any of the qualifying interests. The proposed development lies within South Uist Machair National Scenic Area (NSA), the Bornish area containing special qualities as described at www.snh.gov.uk/protecting- scotlands-nature/protected-areas/nationnal-designations/nsa/ The proposed wind turbine would create a prominent features within the local landscape. However, the landscape is currently complex with a variety of residential and agricultural buildings. The existing telegraph poles are structurally similar and will provide a reference of scale for the turbine. Given the sensitivity of the resource, we judge that the proposed development would have some significant landscape and visual impacts within the local area. However, we judge that the significance of these impacts will not be of a scale that would compromise the integrity of the NSA…” SCOTTISH WATER 8.6 ‘I refer to the above application and advise that there are no public water mains or waste water services in the vicinity of the site. Therefore Scottish Water has no comment to make regarding the above.’ HIGHLANDS AND ISLANDS AIRPORTS 8.7 ‘With reference to the above proposed development, it is confirmed that our calculations show that, at the given position and height, this development would not infringe the safeguarding surfaces for Barra Airport or Benbecula Airport.