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 proposal related to a consented but unimplemented three turbine wind farm on land adjoining the operational wind farm at Allt Dearg to the south of Ardrishaig (ref: 13/01427/PP).  The current amended proposal sought to increase the hub height of consented Srondore turbines S1 and S2 from 70m to 80m as a result of the use of taller towers.  The turbine rotor diameter would remain as previously consented.   The consequence was that the overall tip height of these two turbines would increase from 110m to 120m.  Turbine 3 remains unaffected at 110m to tip and would be implemented as per original consent.  The locations of all three turbines will remain within the micro-siting tolerances permitted by the original consent.  There were no objections to the proposal from consultees or third parties.  SNH have however advised against permission being given which was in line with their previous advice on the originally consented Srondore scheme which was against mixing the size of turbines.  The marginal difference between the extent of the visual influence of the consented and the proposed amended turbines was not such as to warrant a refusal notwithstanding SNH’s stated desire to limit any variation in scale between the Allt Dearg and Srondore schemes.  The application was recommended for approval subject to conditions and reasons detailed in the report of handling and to the amendment of the previously concluded Section 75 legal agreement relative to planning permission 13/01427/PP.

 

Decision

 

Agreed to grant planning permission subject to the amendment of the previously concluded Section 75 Legal Agreement relative to planning permission 13/01427/PP to ensure its obligations relative to the requirement for Decommissioning Bond and a contribution from the operation of the site towards the implementation of the existing Allt Dearg Habitat and Landscape Enhancement Plan, apply equally to the amended development permitted by this consent as well as the original permission for the Srondore wind farm development and subject to the following conditions and reasons:-

 

1.        Notwithstanding the provisions of Section 58 of the Town and Country Planning (Scotland) Act 1997 (as amended), the wind farm hereby permitted shall be operational within five years from the date of this approval unless otherwise agreed in writing with the Council as Planning Authority, 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 windfarm within this five year timescale (or otherwise agreed timescale) shall be fully restored in accordance with the applicant’s statement of intentions (i.e. Environmental Statement dated June 2013 associated with planning permission 13/01427/PP) and as provided for by 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.

2.    The permission shall be for a period of 25 years from the commencement of the commercial operation of the wind farm, the date of which shall be notified in writing to the Council as Planning Authority. Within 12 months of the end of that period, unless a further planning application is submitted and approved, all wind turbines, ancillary equipment and buildings 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.

3.        The operator shall at all times deal with the areas forming the subject of this approval in accordance with the provisions of the application and the mitigation measures set out in  the Environmental Statement associated with planning permission 13/01427/PP (dated June 2013) and the plans listed below:

 

1 of 2 - Site Location Plan Fig 2.1

2 of 2 – Wind Turbine Details (80m hub) Fig 2.3

except as otherwise provided by this approval, and shall omit no significant part of the operations provided for therein except with the prior written approval of the Planning Authority.

Reason: For the avoidance of doubt and in order that the Planning Authority may retain effective control in the interests of nature conservation and amenity.

4.    Prior to development commencing, details of the turbine model selected for installation on the site and confirmation of the final micro-siting of turbines shall be submitted to the Council as Planning Authority. Micro-siting may be agreed in writing with the Council as Planning Authority as follows:

a.           Each turbine shall be erected in the position indicated on the approved Site Location Plan Fig. 2.1;

b.           A variation of the indicated position of any turbine on the approved Site Location Plan Fig. 2.1 by less than 25 metres shall only be permitted following the approval of the Ecological Clerk of Works;

c.           A variation of between 25 metres and 50 metres shall only be permitted following written approval of the Planning Authority.

Prior to the turbines first being brought into use, the developer shall submit to the Council as Planning Authority, location details for each turbine as erected in the form of co-ordinates compatible with the UK Ordnance Survey.

Reason: In order to demonstrate that the windfarm has been constructed in accordance with the approved plans.

5.   If, by reason of any circumstances not foreseen by the applicant, it becomes necessary or expedient during the continuance of the operations hereby approved to materially amend or abandon any of the provisions hereof, the applicant or operator shall forthwith submit to the Planning Authority an amended application, plans and statement of intentions but shall also adhere to and comply with this consent until such time as an amended application shall have been determined by the said Authority.

Reason: In order that the consent may be reconsidered should a change of intentions become necessary.

6.   If, by reason of any circumstances not foreseen by the applicant or operator, any 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 site 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.

7.        The wind turbines shall be finished in a non-reflective grey semi-matt colour (RAL 9002, RAL 7035 or similar), 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 Council as Planning Authority. The turbine blades shall all rotate in the same direction as the those of the Allt Dearg windfarm .

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

8.    There shall be no illumination of the wind turbines hereby permitted, nor shall any symbols, signs, logos, or other lettering be applied to the turbines, other than statutory health and safety notices at the base of the towers, without the prior approval of the Planning Authority.

Reason: To protect the upland rural character of the area in the interests of visual amenity.

9.      Before the cessation of the planning permission, a decommissioning plan, including a site-specific decommissioning method statement, shall be submitted for the written approval of the Council as 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 turbines and all ancillary structures shall be removed, and the turbine bases 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.

10.  All wires and cables between the wind turbines and sub-station shall be located underground within the access track verges or within three metres of the access tracks, or as close as is practicable, unless otherwise agreed in writing with the Planning Authority, and the ground thereafter shall be reinstated to a condition equivalent to the land adjoining the trenches within two months of completion of cable laying to the satisfaction of the Planning Authority.

Reason: In the interests of visual amenity and nature conservation.

11.  No development shall be commenced until a Construction Method Statement (CMS) has been submitted to and agreed by the Council as Planning Authority in consultation with the Scottish Environment Protection Agency. 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, construction works associated with watercourse crossings, the management of surface water run-off, 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 CMS or any subsequently agreed variation thereof.

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

12.  Prior to the commencement of development, full details of a Restoration Method Statement and Restoration Monitoring Plan shall be submitted for the approval of the Council as Planning Authority.  The restoration method statement shall provide restoration proposals for those areas disturbed by construction works, including access tracks, hardstandings and other construction areas. It shall also include measures for the improvement in appearance of the main site access route from the A83 to the location of the turbines in order to mitigate its appearance in long distance views of the site.  Restoration of construction disturbed areas shall be implemented within 6 months of the commissioning of the windfarm, or as otherwise agreed in writing with the Council as 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 farm 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.

 

13. No development or ground breaking works shall commence until a method statement for an archaeological watching brief has been submitted to and approved in writing by the Planning Authority in consultation with the West of Scotland Archaeology Service. The method statement shall be prepared by a suitably qualified person and shall provide for the recording, recovery and reporting of items of interest or finds within the application site. Thereafter the development shall be implemented in accordance with the duly approved details with the suitably qualified person being afforded access at all reasonable times during ground disturbance works.

Reason: To enable the opportunity to identify and examine any items of archaeological interest which may be found on the site, and to allow any action required for the protection, preservation or recording of such remains. 

14.  The implementation of the development shall be supervised by an Ecological Clerk of Works (ECoW0 whose role should encompass all construction aspects of the development. The ECoW should be responsible for the micro-siting of the development to take account of localised nature conservation interests and the timing of works to avoid disturbance to breeding birds, in order that good practice methods are employed to ensure that sensitive features are avoided and that appropriate mitigation and site restoration measures are identified and implemented. The ECoW should liaise with Scottish Natural Heritage and the role of the ECoW should be clearly conveyed to all personnel prior to their commencement of work on the site.

Reason: In the interests of nature conservation.

15. The level of wind turbine noise shall not exceed 35dB LA90, 10 minutes when measured at any residential property in accordance with the methodology of ETSU-R-97. The noise should in addition contain no audible tonal and/or impulsive components so as to cause noise nuisance to the occupiers of any residential dwelling.

 

Reason: To minimise any adverse impact of noise generated by the operations on the local community.  

 

16. At the request of the Council, following a complaint to the Council relating to noise emissions from the wind turbines, the developer shall undertake an investigation of the complaint, carry out monitoring, prepare and submit a report upon the problem and advise of any necessary remedial action in accordance with the methodology of ETSU-R-97 and take such remedial action agreed to the satisfaction of the Local Planning Authority.

 

Reason: To help control and minimise noise pollution.

 

(Reference: Report by Head of Planning and Regulatory Services dated 14 May 2014, submitted)