Agenda item

Report by Head of Planning and Regulatory Services

 

The Major Applications Team Leader spoke to the terms of the report advising that permission was sought for the erection of a 40.5m to blade tip wind turbine on land approximately 515m north west of Auchenhoan Cottage.  The turbine itself would sit within Sensitive Countryside development control zone as per policy STRAT DC 5 and the access track would be located in the Rural Opportunity Area development control zone.  For the purposes of this report the application was assessed under policy LP REN 1.  Through a planning condition it was proposed to limit the height of the proposed wind turbine to 35m to blade tip and the Applicant has agreed to this approach.  Such a condition was necessary to ensure the proposal was consistent with the Council’s Wind Energy Capacity Study.  There were no concerns from consultees that could not be addressed via planning conditions.  Thirteen representations have been received from third parties all objecting to the proposals.  The proposal was considered consistent with the Councils Wind Energy Capacity Study and policy LP REN 1 of the Argyll and Bute Local Plan 2009 given the minimal impact on the landscape as a result of the rising land and back dropping opportunities afforded by the landscape north and west.  The Applicant has provided details of the method of transporting the turbine to the site and the Council’s Roads Engineer has raised no concerns subject to conditions.  With this in mind the proposal was considered consistent with the provisions of policy LP TRAN 4.  The proposal conformed to the relevant development plan policies and there were no other material considerations, including issues raised by third parties, which would warrant anything other than the application being determined in accordance with the provisions of the development plan.  The proposal was recommended for approval subject to conditions and reasons detailed in the report of handling.

 

Decision

 

1.        The development shall be implemented in accordance with the details specified on the application form dated 06/03/2014 and the approved drawing reference numbers:

 

Plan 1 of 2

Plan 2 of 2

 

unless the prior written approval of the planning authority is obtained for other materials/finishes/for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997 (as amended).

 

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

 

2.        Notwithstanding the details of the approved plans the turbine blade tip height shall not exceed 35m.  No development shall commence or is hereby authorised until details of the amended wind turbine are submitted to the planning authority for prior approval.  These details shall cover the wind turbine dimensions to a 1:100 scale.

 

Reason: For the purpose of clarity over the application approved and to ensure compliance with the Council’s Wind Energy Capacity Study (WECS).

 

3.        Notwithstanding the provisions of Condition 1, the proposed access shall be formed in accordance with the Council’s Roads Standard Detail Drawing SD08/001 Rev a and visibility splays of 2.4 metres to point X by 75 metres to point Y from the centre line of the proposed access. The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing. Prior to work starting on site the access hereby approved shall be formed to at least base course standard and the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 1.05 metres above the access at point X to a point 0.6 metres above the public road carriageway at point Y. The final wearing surface on the access shall be completed prior to the development first being brought into use and the visibility splays shall be maintained clear of all obstructions thereafter.

 

Any gates shall be set back a minimum distance of 6.0 metres from the carriageway edge and open inwards.

 

Reason: In the interests of road safety.

 

4.        If by reason of any circumstances not foreseen by the applicant or operator, the wind turbine fails to produce electricity, either consumed at source or via a local distribution 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 reinstated to a condition equivalent to that of the land adjoining the application site within a period of 6 months unless otherwise agreed in writing by the Planning Authority.

 

Reason: To ensure that the full and satisfactory restoration of the site takes place should the turbine fall into disuse.

 

5.        Notwithstanding the effect of Condition 1 and the details specified in the application, no development shall commence until details of the colour finish to be applied to the turbine have been submitted to and approved in writing by the Planning Authority. The development shall be implemented using the approved colour scheme and shall be maintained as such thereafter.

 

Reason: In the interest of visual amenity.

 

6.        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.

 

7.        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. expected 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.

 

8.        During construction, no unloading/loading of vehicles shall be undertaken from the public road, nor shall any materials, equipment or plant associated with the construction of the development be stored adjacent to the public road without the prior written approval of the Roads Authority.

 

Reason: In the interest of road safety.

 

(Reference: Report by Head of Planning and Regulatory Services dated 30 May 2014, submitted)