Agenda Item No 4/1 REPORT BY PLACE DIRECTORATE REGULATORY PANEL: 24 MARCH 2020 SUBJECT: CONSULTATION UNDER SECTION 36 OF THE ELECTRICITY ACT 1989 ARECLEOCH WINDFARM, C72 FROM GOWLANDS TERRACE BARRHILL TO COUNCIL BOUNDARY SOUTH OF CHIRMORRIE, SOUTH OF BARRHILL, SOUTH AYRSHIRE FOR PERMISSION TO ERECT AND OPERATE 13 WIND TURBINES WITH ASSOCIATED INFRASTRUCTURE: REF 19/00658/DEEM 1. Purpose South Ayrshire Council has been consulted by the Scottish Government, under section 36 of the Electricity Act 1989, on an application by “Scottish Power Renewables UK” for the erection of a windfarm and associated ancillary development at Arecleoch, south of Barrhill, South Ayrshire. It should be noted that the Council is not the determining authority for this proposal. This report recommends a response to the Scottish Government. It should also be noted that the comments within this report have a focus on the impacts of the proposal within the administrative boundary of South Ayrshire Council. Although all of the proposed turbines are to be located within South Ayrshire, an access to the site is taken from within Dumfries and Galloway. It should be noted that the Planning Service has delegated authority to respond but has chosen not to due to the large scale of the proposal, community interest and history of referring such matters to Regulatory Panel. 2. Recommendation It is recommended that the Council submits this report as an objection to the Scottish Government. It is also recommended that a comment be submitted to the Scottish Government for consideration in its own assessment of the proposed development. In the event that a Planning Authority objects to a Section 36 application, and does not withdraw its objection, a public inquiry must be held, before the Scottish Ministers decide whether to grant consent (Refer Paragraph 2, Schedule 8 of the Electricity Act, 1989). 3. Background On 12th June 2019, Scottish Power Renewables (UK) Limited submitted to the Scottish Government a Section 36 application together with an application that planning permission be deemed to be granted in respect of the construction and operation of a windfarm comprising of 13 turbines with an anticipated height at tip of 200m providing an installed capacity in the region of 72.8 megawatts (MW) on land to the south west of the settlement of Barrhill. Under Section 36 of the Electricity Act 1989, the construction of a generating station with a capacity which exceeds 50 MW requires the consent of Scottish Ministers. The application is supported with an Environmental Impact Assessment and associated documentation. The Scottish Government formally consulted the Council on the proposed development in July 2019, with a deadline for response on the application extended to 7th April 2020. Under the Electricity Works (Environment Impact Assessment) (Scotland) Regulations 2017, Scottish Ministers are required to consider whether any proposal for a generating station is likely to have a significant effect on the environment. These Regulations stipulate that Scottish Ministers must consult the planning authority, Scottish Natural Heritage, Scottish Environment Protection Agency and Historic Environment Scotland. In reaching their decision, Scottish Ministers have to take into account the environmental information submitted with the application and supporting Environmental Impact Assessment, the representations made by statutory consultative bodies and others in accordance with the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017, Scottish Planning Policy on Renewable Energy , other relevant Policy, Planning Advice Notes, the relevant planning authority’s Development Plans and any relevant supplementary guidance. 4. Development Proposal 4.1 Proposal The proposal comprises of the following principal components: 13 wind turbines up to a height of 200m to the tip with a combined rated output in the region of 72.8MW; Turbine foundations; Crane hardstandings; Transformer/switchgear housings located adjacent to turbines; New and upgraded access tracks including watercourse crossings where necessary; Underground electrical cabling; Substation compounds including control buildings, external equipment and ancillary grid service equipment/battery storage; One permanent anemometer mast; Up to four temporary Power Performance Masts; Close circuit television mast(s); Communication mast(s); Site signage; Search areas for up to six borrow pits; and One temporary construction compound area. 4.2 Application Site The application site is located approximately 3km south west of Barrhill, centred on National Grid Reference NX 19194 80689. The majority of the site is located within the South Ayrshire Council area, although one entrance to the site is within the Dumfries and Galloway Council area. The application site covers some 1,440 hectares of Plateau Moorland which is mainly covered by commercial forest and encompasses the western side of Shiel Hill. The site is bound to the north and east by commercial forestry, to the south by plateau moorland and to the west by the operational Arecleoch Wind Farm. 4.3 Landscape The site is located within the “Plateau Moorland with Forestry and Windfarms” landscape character type (as defined in the 2018 South Ayrshire Landscape Wind Capacity Study). Part of the site is located within the South Ayrshire Scenic Area (as defined in the LDP) due to the application boundary encompassing the existing access tracks from the A714 at Wheeb Bridge and Bents Farm, although it should be noted that no turbines are proposed within this Scenic Area. 4.4 Built and Cultural Heritage There are a number of archaeologically sensitive sites and finds in the surrounding landscape of prehistoric and later date. There are no Scheduled Monuments within the site but Scheduled Monument ‘Cairn Kenny’ (a chambered cairn) is located approximately 4.1km south of the nearest proposed turbine (although there are existing turbines within approximately 800m). 4.5 Tourism and Recreation The application site doesn’t have any specific assets which are important to the tourism economy of South Ayrshire, but the A714 is recognised as an important tourist route into South Ayrshire (from which large wind farms are already prominent), the Southern Upland way passes close to the site (some 2.4km to the south east), the Whithorn Way crosses the site access road approximately 6km to the west of Wheeb Bridge and the Dark Sky Park, biosphere and Merrick Wild Land area are located to the northeast of the site. 4.6 Natural Heritage There are no national or locally designated sites within the application site. There are five statutory designated sites within 5km of the site which are designated for ecological features, namely: Craig Wood (Site of Special Scientific Interest) 2.29km, River Bladnoch Special Area of Conservation (SAC) 3km, Kirkcowan Flow (SAC and SSSI) 3.06km, Feoch Meadows (SSSI) 2.8km and Blood Moss (SSSI) 4.82km. Glen App and Galloway Moors Special Protection Area and Site of Special Scientific Interest is designated for ornithological interests (breeding hen harrier) and is located approximately 3km to the south of the application site. 4.7 Residential Context Four properties are located within 2km of the application proposal. The EIA Report notes that one of these properties (Farden Farm) would have no visibility of the proposed development. Kilrenzie Farm, Wheeb Farm and Glenour are the other properties within the immediate vicinity; however it is noted that Glenour is currently derelict and is on the Buildings at Risk register. At the time of the site visit it was noted that Wheeb Farm was vacant. 4.8 Wind Related Development There has been considerable interest in the locality for wind farm development. Arecleoch windfarm (60 turbines, 118 metres to tip) is operational and located to the immediate west of the application site. There are two other operational windfarms within the immediate area – Kilgallioch Windfarm (96 turbines, up to 146m to tip), located approximately 3.5km to the south and Mark Hill Windfarm (28 turbines of 110m to tip) located approximately 5.7km to the east. In addition, there are a number of consented windfarms in the wider area, the closest of these include Chirmorie (21 turbines, up to 146.5m to tip) located approximately 0.5km to the south of the proposed development and Stranoch (24 turbines, 10 x 110m, 8 x 135m) located 5.4km to the south of the proposed development. The EIA Report lists a number of other windfarms in the locality, all of which contribute to the cumulative baseline position of wind energy development. The constructed and consented wind energy developments already have considerable cumulative landscape and visual impact on the locality. This impact results in a specific landscape character type being formed, where wind energy developments have become a distinctive and significant element in the landscape. 5. Consultations Consultations on this application are undertaken by the Scottish Government, a number of responses were passed to South Ayrshire Council for information. Comments arising from consultation within South Ayrshire Council (department services) are incorporated into the assessment section of this report and will be forwarded to the ECU. The following consultation responses are for noting only. Visit Scotland: No objection. Strongly recommend any potential detrimental impact of the proposed development on tourism - whether visually, environmentally or economically – be identified