Issue - meetings

Report by Head of Development and Economic Growth

The Senior Planning Officer spoke to the terms of the report and to supplementary report number 1 which proposed a change to the original recommendation in the main report following receipt of legal advice.  Reference was also made to late submissions to the Energy Consents Unit by external consultees.  Historic Environment Scotland clarified in a response dated 1 February 2023 that they had no objections to this proposal and they were satisfied that the works impacting the Category A Turbine Hall could be addressed through the Listed Building Consent Application.  SEPA in a response dated 8 February 2023 confirmed the withdrawal of their holding objection as they were content that appropriate conditions could address their concerns.

In Scotland, any proposal to construct, extend, or operate an onshore electricity generating station, in this case, a pump storage hydro, with a capacity of over 50 megawatts (MW), requires the consent of Scottish Ministers under section 36 of the Electricity Act. Such applications are processed on behalf of the Scottish Ministers by the Energy Consents Unit (“ECU”) Scottish Government - Energy Consents. Section 57(2) of the Town and Country Planning (Scotland) Act 1997 (“TCP(S)A”) also allows the Scottish Ministers, on granting consent under section 36, to direct that planning permission for that development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.  The Council’s role in this process is therefore one of a consultee along with various other consultation bodies. It is open to the Council to either support or object to the proposal, and to recommend conditions it would wish to see imposed in the event that authorisation is given by Scottish Ministers.

In terms of the Local Development Plan Settlement Strategy, the main site is located within a combination of, Lorn and the Inner Area Very Sensitive Countryside, North Argyll Area of Panoramic Quality (APQ), and Glen Etive and Glen Fyne Special Protected Area.

This report reviews the policy considerations which are applicable to this proposal and the planning merits of the development, the views of bodies consulted by the Scottish Government along with other internal consultations undertaken by the Council, and third party opinion expressed to the Scottish Government.

It was recommended that Members agree that the Council Objects to the current proposals, unless the conditions as recommended by the Planning Authority and other consultees are imposed on any consent.

Officers also sought Member’s authority to undertake further discussions with the applicants and The Scottish Ministers to determine whether a planning condition, a Section 69 agreement, or a Section 75 agreement between parties would most effectively deliver the Council’s requirement for the necessary Housing Strategy.

Decision

The Committee agreed:

1.    on behalf of the Council, to object to the current proposals unless the conditions as recommended by the Planning Authority and other consultees are imposed on any consent; and

2.    that Officers undertake further discussions with the applicants and The Scottish Ministers to determine whether a planning condition, a Section 69 agreement, or a Section 75 agreement between parties would most effectively deliver the Council’s requirement for the necessary Housing Strategy

(Reference: Report by Head of Development and Economic Growth dated 31 January 2023 and supplementary report number 1 dated 14 February 2023, submitted)