ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 4 FEBRUARY 2014 13/00537/PPD – 5 MALACLATE, ISLE OF NORTH UIST – APPLICATION FOR PLANNING PERMISSION TO INSTALL 3 EVANCE R9000 WIND TURBINES (HUB HEIGHT 15M, HEIGHT OF BLADE TIP 17.75M) Report by Director of Development PURPOSE OF REPORT Since the application has been the subject of more than six objections, 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 to erect 3 No. Evance R9000 5kW wind turbines 15m hub height and 17.75m tip height on croft 5 Malaclate, Isle of North Uist. The application site is within the South Lewis, Harris and North Uist National Scenic Area (NSA) and is within the South Clettraval safeguarding area for structures and buildings over 15.2m in height. There are no other pertinent constraints in or around the application site. The nearest residential property is approximately 205m to the south of the application site. 2.2 The siting of the turbines to that now proposed has been the subject of a number of siting amendments to address acceptable noise levels and avoid an impact on Connected Community broadband provision. Further, through negotiation, the hub height has been reduced from 18.75m to 15m with a revised blade tip height of 17.75m. 2.3 Third party objections have been received on various grounds including visual and ornithological impact, impact on the NSA, noise and shadow flicker and that the proposed development is commercial and not domestic. It is concluded that through a reduction in height the visual impact will be more localised and that that there will be no adverse impact on the integrity of NSA. Although the proposal is for three turbines the development is small scale i.e. classed as micro-generation i.e. less than 50KW. Noise impact is deemed acceptable and due to the scale of turbines and separation distance, shadow flicker is not considered likely to be an issue. 2.4 The Comhairle is required to determine planning applications in accordance with the provisions of its Development Plan unless material planning considerations indicate otherwise. The proposal has been assessed against the Development Plan and is considered to accord with 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 Development Plan should not be accorded priority. RECOMMENDATION 3.1 It is recommended that the application be APPROVED subject to the conditions appended to this Report. Contact Officer Hannah Morrison Telephone: 01870 604990 Email: [email protected] Appendix 1 Schedule of Proposed Conditions 2 Site Plans and Elevations Background Papers None REPORT DETAILS DESCRIPTION OF THE PROPOSAL 4.1 This is a planning application for the installation of three Evance R9000 5kW wind turbines. Through negotiation, the hub height of the turbines has been reduced to 15m with a blade tip height of 17.75m. The tower will be galvanized steel and the hub and blades will be grey in colour (RAL 7000). The foundation for each wind turbine will be 3.5m x 3.5m x 1.1m. 4.2 The proposal is located on a croft at 5 Malaclate, Isle of North Uist, within the South Lewis, Harris and North Uist National Scenic Area and within the South Clettraval safeguarding area for structures and buildings over 15.2m in height. The turbines will be sited between the A865 and the Malaclate township road. The most southerly turbine is approximately 200m north of the A865 and 200m from the nearest noise sensitive property. 4.3 The proposal is within the class of Local development within the Planning Hierarchy. ADMINISTRATIVE PROCESSES 5.1 The planning application by Mr Neil Nicholson, c/o Evance Wind Turbines, Unit 6, Weldon Road, Loughborough LE11 5RN was registered on 5 November 2013. 5.2 The planning application was advertised for public comment in the public notices section of the Stornoway Gazette in the publication dated 14 November 2013 and 24 December 2013 as required by regulations. 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: 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 10 December 2013 issued a Screening Opinion stating that in its opinion the proposed development was not considered likely to have a significant impact on the environment and that the submission of an Environmental Statement was therefore 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. ENVIRONMENTAL HEALTH SERVICE DATED 14 NOVEMBER 2013 8.2 ‘The noise data supplied by the applicants assumes spherical noise propagation, however, the model we follow is based on hemi-spherical propagation. This results in the applicant’s data showing that it will meet the noise criteria whilst my analysis shows that it will be over the limit by almost 1.5dB at certain wind speeds. The readings are over the limits and I would recommend if possible, siting turbine T1 to around NF 79924 74560, which will result in levels only slightly above the criteria (which given the prevailing winds should minimise impact on amenity.’ ENVIRONMENTAL HEALTH SERVICE - DATED 7 JANUARY 2014 8.3 ‘I had suggested he [the agent] move the third one – see attached email [see below]. My understanding was that he was going to move them from the positions you currently have, therefore he may have revised locations for you.’ ENVIRONMENTAL HEALTH SERVICE - EMAIL TO AGENT DATED 9 DECEMBER 2013 8.4 ‘Yours show slightly over at property A which can be accommodated but would be better if they could all be pulled up a bit at: 79948 874520 79959 874502 79974 874480 which seems to provide better protection for all properties.’ ENVIRONMENTAL HEALTH SERVICE - EMAIL TO AGENT DATED 10 JANUARY 2014 8.5 ‘I have identified the 3 nearest properties and if the turbines are located at the points detailed below then the calculations show that levels below the standard noise conditions should be achieved. T1 079950, 874513 T2 079963, 874493 T3 079975, 874475.’ CONNECTED COMMUNITIES DATED 8 NOVEMBER 8.6 ‘…As things stand there is a possibility that the locations of Turbine 2 and Turbine 3 could disrupt the existing broadband services of, up to, four ConCom end user. It is up to the end users to make representation directly with planning. So you may here from them directly. If the development wants to contact us directly, he is welcome to use this email account.’ CONNECTED COMMUNITIES DATED 23 DECEMBER 2013 8.7 ‘As the developer has changed the proposed positions of the Turbines, ConCom would now withdraw their initial objection to this development.’ CONNECTED COMMUNITIES DATED 10 JANUARY (BASED ON AMENDED PLAN NO1 (C)) 8.8 ‘We have already checked using this new information and can confirm that our concerns have been successfully addressed and would now Remove our Objection.’ SCOTTISH NATURAL HERITAGE DATED 18 NOVEMBER 2013 8.9 ‘We do not believe that the installation of three 18m Evance wind turbines at the above location will have a likely significant impact on any natural heritage interests.’ South Lewis Harris and North Uist National Scenic Area 8.10 ‘The proposed development is located within the South Lewis, Harris & North Uist National Scenic Area (NSA) described at http://www.snh.gov.uk/protecting-scotlands- nature/protected-areas/national-designations/nsa/. We judge that the proposal will not have an adverse effect on the integrity of the NSA or the qualities for which it has been designated, given the small scale of the turbines and the presence of utility poles throughout the area which have a similar structure.’ SCOTTISH NATURAL HERITAGE DATED 17 JANUARY 2014 8.11 ‘Thank you for re-consulting us on the modification to the above proposal. We do not believe the installation of three 15m Evance wind turbines at the above location will have a likely significant impact on any natural heritage interests.’ South Lewis, Harris and North Uist National Scenic Area 8.12 ‘The proposed development is located within the South Lewis, Harris and North Uist national Scenic Area (NSA), described at http;//www.snh.gov.uk/protecting-scotlands- nature/protected-areas/national-designations/nsa/. Whilst the turbines are now closer to the A865 the turbine heights have been reduced. Electricity poles are also a distinctive feature within the area and from many viewpoints along the road will be more prominent than the turbines. Based on these considerations our advice remains the same. The proposal will not have an adverse effect on the integrity of the NSA or the qualities for which it has been designated.’ MOD DATED 27 JANUARY 2014 8.13 ‘…I am writing to tell you that the MOD has no objection to the proposal. The application is for 3 turbines at 17.75 metres to blade tip.