Agenda item

Report by Head of Planning and Regulatory Services

The Major Applications Team Leader spoke to the terms of the report advising that this application seeks planning permission for a single community wind turbine of up to 61m in height to blade tip on land owned by SNH.  The site currently hosts a 50m anemometer mast which was granted a temporary 2 year consent.  The submitted application includes for a reduced 53m turbine specification in the event that the larger specification is considered unacceptable.  There are no third party representations to the development, nor are there any objections to the proposal from statutory consultees.  SNH have not objected to the proposal but have indicated a preference for the 53m model.  The proposal is, however, contrary to the Argyll and Bute Landscape Wind Energy Capacity Study (LWECS) March 2012, the reasons for this are explained at section P of the report of handling.  Notwithstanding the guidance within the LWECS and advice from SNH that the turbine height is excessive, the proposal is not considered to have a significant adverse impact upon landscape character, scenic quality or general amenity and as such may be regarded as being consistent with the relevant provisions of policies STRAT DC 8, STRAT RE 1 and LP REN 1 and based on the 61m model it is recommended for approval subject to the conditions and reasons detailed in the report of handling.

 

Decision

 

Having noted that, when consulted on the application for connection to the Grid, the Head of Planning and Regulatory Services will recommend to the Scottish Government that underground cabling be used unless there are good biodiversity reasons for not doing so, the Committee agreed to grant planning permission in respect of the 61m high wind turbine subject to the following conditions and reasons:-

 

1.        The development shall be implemented in accordance with the details specified on the application form dated 11^th June 2012, supporting information and, the approved drawing reference numbers 1 of 7 to 7 of 7 unless the prior written approval of the planning authority is obtained for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997.

 

Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.

2.        Notwithstanding the provisions of Section 58 of the Town and Country Planning (Scotland) Act 1997, the wind turbine hereby permitted shall be operational within five years from the date of this approval following which, by virtue of there having been no start on the development hereby permitted, this consent will be considered to have lapsed.  Development which has been commenced but which remains uncompleted and has not resulted in an operational wind turbine within this five year timescale (or otherwise agreed timescale) shall be fully restored in accordance with the requirements of the conditions attached to this permission.

Reason: In order to reduce unnecessary blight over wind catchment areas and other potential sites which, cumulatively, may result in an adverse environmental impact, but individually might otherwise receive the benefit of planning permission.

 

3.        If, by reason of any circumstances not foreseen by the applicant or operator, the wind turbine fails to produce an electricity supply to a local grid for a continuous period of 12 months then it will be deemed to have ceased to be required and, unless otherwise agreed in writing with the Planning Authority, the wind turbine and its ancillary equipment shall be dismantled and removed from the site and the area of the site impacted by development shall be restored in accordance with the agreed scheme, all to the satisfaction of the Planning Authority.

 

Reason: In accordance with the Council’s policy to ensure that full and satisfactory restoration of the wind farm site takes place should it fall into disuse.

 

4.        The permission shall be for a period of 25 years from the commencement of the commercial operation of the development, the date of which shall be notified in writing to the Planning Authority. Within 12 months of the end of that period, unless a further planning application is submitted and approved, the wind turbine and its ancillary equipment shall be dismantled and removed from the site and the land reinstated in accordance with the applicant’s statement of intentions and conditions listed below, to the satisfaction of the Planning Authority.

 

Reason: In order that the Planning Authority has the opportunity to review the circumstances pertaining to the consent, which is of a temporary nature and in the interests of the visual amenity of the area.

 

5.        For the avoidance of doubt and notwithstanding the effect of Condition 1., this permission should not be construed as conferring consent for the working of any borrow pits within the application site, the provision of which would require to be the subject of separate applications to the Planning Authority for mineral planning consent.

 

Reason: For the avoidance of doubt, and having regard to the need for separate planning permission.

 

6.        Notwithstanding the provisions of Condition 1, no development shall commence until details of the turbine model selected for installation on the site have been submitted to and approved in writing by the Planning Authority. The turbine model selected shall not exceed the blade tip height, hub height and rotor diameter hereby approved. Thereafter the development shall be implemented in accordance with the duly approved details.

 

Reason: In order to ensure that the development adheres to the design parameters considered in the assessment of the proposal, and in the absence of the actual turbine model to be installed being specified in the application.

 

7.        The wind turbine(s) shall be finished in a matt light grey colour (RAL 7038) or such other colour as may be agreed in writing with the Planning Authority, and the colour and finish of the wind turbines shall not be altered thereafter without the written consent of the Planning Authority. No illumination shall be permitted, nor shall any symbols, signs, logos, or other lettering by applied to the turbines without the prior written approval of the Planning Authority.

 

Reason: To reduce the impact of the turbines and minimise reflection in the interest of visual amenity.

 

8.        No development shall commence until details of materials, external finishes and colours for all ancillary elements, including transformers, switchgear/metering building, compound and fencing have been submitted to and approved by the Planning Authority. The development shall be implemented in accordance with the duly approved details.

 

Reason: In order to secure an appropriate appearance in the interests of amenity and to help assimilate the structures into their landscape setting.

 

9.        At least two months prior to the commencement of development, an Environmental Management Plan (EMP) detailing all mitigation and pollution prevention measures to be implemented during construction and the lifetime of the development shall be submitted to and agreed by the Planning Authority in consultation with the Scottish Environment Protection Agency and Scottish Natural Heritage. This should address all aspects of the construction process which might impact on the environment, including in particular, excavations and other earthworks, a management/reinstatement scheme for peat areas, the construction works associated with upgraded watercourse crossings, the management of waste streams, the timing of works to avoid periods of high rainfall; along with monitoring proposals, contingency plans and reinstatement measures. The development shall be implemented in accordance with the provisions of the duly approved EMP or any subsequently agreed variation thereof.

 

Reason: In the interests of pollution control and protection of the water environment.

 

10.    No development shall commence until, full details of the drainage proposals for the site and drainage for the storage areas and compounds, together with the provisions for the avoidance of sedimentation and pollution from construction works and the storage and use of oils and other potential pollutants, and measures for the monitoring and mitigation of erosion, have been submitted for the approval of the Planning Authority in consultation with the Scottish Environment Protection Agency. The scheme shall include details relating to the methods for collection and treatment of surface run-off using sustainable drainage principles. The development shall be implemented in accordance with the duly approved details.

 

Reason: In order to prevent pollution of the water environment.

 

11.    Within six months of the wind turbine becoming fully operational, all temporary site offices, containers, machinery and equipment shall be removed, and the materials storage compounds/laydown areas shall be fully restored in accordance with a scheme detailing vegetation replacement techniques and timing, which shall be submitted to and approved in advance by the Planning Authority unless otherwise agreed in writing with the Planning Authority.

 

Reason: In order to secure appropriate reinstatement of those areas disturbed by construction in the interests of amenity.

 

12.    Before the cessation of the planning permission, a decommissioning plan shall be submitted for the written approval of the Planning Authority in consultation with Scottish Natural Heritage. Within 12 months of the planning consent lapsing, unless any further permission has been granted for their retention for an additional period, the wind turbine and all ancillary structures shall be removed, and the turbine base and adjoining hard standings covered in soil/peat and re-seeded with appropriate vegetation in accordance with the requirements of the approved plan.

 

Reason: To ensure that disturbed areas of the site are reinstated in a proper manner in the interests of amenity.

 

13.    No development shall commence until full details of a Restoration Method Statement and Restoration Monitoring Plan has been submitted for the approval of the Planning Authority, in consultation with Scottish Natural Heritage.  The restoration method statement shall provide restoration proposals for those areas disturbed by construction works, including access tracks, hardstandings and other construction areas. Restoration of construction disturbed areas shall be implemented within 6 months of the commissioning of the wind turbine, or as otherwise agreed in writing with the Planning Authority. The monitoring programme shall include a programme of visits to monitor initial vegetation establishment and responses to further requirements, and long term monitoring as part of regular wind turbine maintenance.

 

Reason: To ensure that disturbed areas of the site are reinstated in a proper manner following construction in the interests of amenity, landscape character and nature conservation.

 

14.    No development shall commence until the developer has provided the Planning Authority with details of the bond or other financial provision which it proposes to put in place to cover all decommissioning and site restoration costs on the expiry of this permission. No work shall commence on the site until the developer has provided documentary evidence that the proposed bond or other financial provision is in place and written confirmation has been given by the Planning Authority that the proposed bond or other financial provision is satisfactory. The developer shall ensure that the approved bond or other financial provision is maintained throughout the duration of this permission.

 

Reason: To guarantee the restoration of the site following cessation of the development.

 

15.    Prior to the delivery of any abnormal loads to site, written confirmation shall be provided to the Planning Authority that the developer has secured agreement from the Roads Authority(s) for the intended means of delivery for all types of abnormal load required in relation to the construction of the development as identified in the Route Access Study dated November 2012.

 

Reason: In the interest of road safety.

 

16.    No development shall commence until such time as the junction of the private road serving the development and the B8016 has been widened in accordance with the specifications set out in either drawing no 247702-100F1.1, OR  247702-200F1.1 (both as included in the Route Access Study dated November 2012), OR an alternative specification agreed in writing in advance by the Planning Authority.

 

Reason: In the interest of road safety, to ensure that an off-site junction improvement necessary for delivery of turbine components, and involves work which requires planning permission in its own right, is provided in advance of the development commencing.

 

17.    No development shall commence until a Noise Mitigation Plan detailing the proposed working methods and operating times to be employed during the construction phase, including any mitigation measures to minimise the effects of construction noise has been submitted to and approved in writing by the Planning Authority. The development shall be implemented in accordance with the approved Noise Mitigation Plan.

 

Reason:   In order to minimise the effects of noise pollution during construction of the development in the interest of residential amenity.

 

18.    The level of noise from the operation of the development shall not exceed 35dB L_A90 when measured at any residential property in accordance with the methodology of ETSU-R-97 or any successor standards. The noise shall be broad-band with no discernible audible tonal and/or impulsive characteristics so as to cause nuisance to the occupants of any dwelling.

 

Reason: In order to minimise the effects of noise pollution from operation of the development in the interest of residential amenity. 

 

19.    In the event of a complaint being submitted to the Council in respect of noise emissions from the development by the occupier of an affected property, at the request of the Council the developer shall undertake an investigation of the complaint, carry out monitoring, prepare and submit a report to the Planning Authority for approval in writing, identifying any necessary remedial action in accordance with the methodology set out in “The Assessment and Rating of Noise from Wind Farms ETSU-R-97” produced by the Energy Technology Support Unit on behalf of the Department of Trade and Industry. Thereafter any remedial action identified in the approved report shall be implemented in accordance with a timescale to be agreed with the Planning Authority.

 

Reason: In order to provide a mechanism for responding to unforeseen operational noise in the interest of residential amenity. 

 

20.    Development shall not commence until details of aircraft warning lighting safety to be installed at the development have been submitted to and approved in writing by the Planning Authority, in consultation with the Ministry of Defence and Highlands and Islands Airports Limited. The duly approved aircraft warning lighting shall be installed concurrently with the installation of the wind turbine and thereafter maintained for the duration of the development.

 

Reason: In the interests of air safety.

 

21.    Development shall not commence until such time as the developer has provided written notification of the development to UK DVOF & Powerlines at the Defence Geographic Centre. Such notification shall include details of: a. the precise location of the development; b. date of commencement of construction; c. date of completion of construction; d. the height above ground level of the tallest part of the structure; e. the maximum extension height of any construction equipment; and, f. details of the aviation warning lighting to be fitted to the structure.

 

Reason: In the interest of air safety. 

 

(Reference: Report by Head of Planning and Regulatory Services dated 3 June 2013, submitted)