Issue - meetings

Report by Head of Development and Economic Growth

Consideration was given to the recommended response to the Scottish Government’s Energy Consents and Development Unit Section 36 consultation regarding the proposed High Constellation Wind Farm.  The Senior Planning Officer spoke to the terms of the report.  In Scotland, any application to construct or operate an onshore power generating station, in this case, a wind farm, with an installed capacity of over 50 megawatts requires the consent of Scottish Ministers under Section 36 of the Electricity Act.  Any ministerial authorisation given would include a ‘deemed planning permission’ and in these circumstances there is then no requirement for a planning application to be made to the Council as Planning Authority.  The Council’s role in this process is one of consultee along with various other consultation bodies.  This site is located on the Kintyre Peninsula, approximately 4km southeast of Clachan, 10km north of Carradale and 18km south of Tarbert with Lochranza on the Isle of Arran 11km to the east.  The proposal is within a mixture of Rural Opportunity Area, Countryside and Very Sensitive Countryside and would comprise 10 turbines of up to, but not exceeding, 149.9m tip height and a rotor diameter up to 136m and other elements as detailed in Appendix A of the report of handling.  Both East and West Kintyre Community Councils have objected.  At the time of writing this report, there have been a total of 58 representations made to the ECU – 37 in support and 21 objections.  These totals include a petition in favour of the proposal with 35 signatures.  It is considered that the proposal will not have any unacceptable significant adverse effects.  Given the expected productivity of the site, the presence of the existing infrastructure and the lack of any objection from statutory consultees on technical matters, Officers have concluded that the Council should not object to this Section 36 Application subject to the Energy Consents Unit considering the pre-determination matters, conditions and mitigation as detailed in Section X within Appendix A of the report.

 

Motion

 

To agree not to object to this Section 36 Application subject to the Energy Consents Unit considering the pre-determination matters, conditions and mitigation as detailed in Section X within Appendix A of the report.

 

Moved by Councillor David Kinniburgh, seconded by Councillor Rory Colville

 

Amendment

 

To agree to continue consideration of this matter in order to seek advice on a competent Amendment to object to this application.

 

Moved by Councillor Alastair Redman, seconded by Councillor Jean Moffat

 

The Motion was carried by 8 votes to 2 and the Committee resolved accordingly.

 

Decision

 

The Committee agreed not to object to this Section 36 Application subject to the Energy Consents Unit considering the following pre-determination matters, conditions and mitigation set out at Section X within Appendix A of the report:

 

Matters which the Council consider the ECU should consider prior to determination

 

·         SNH provide advice in relation to the Kintyre Goose Roosts SPA.  Due to the status of this site the ECU as determining authority will be required to undertake an Appropriate Assessment under the Habitat Regulations in view of the sites conservation objectives for its qualifying interest.

 

·         That the ECU consult further with SNH on the lighting requirements of the Ministry of Defence and Highland and Islands Airports Limited and that this aspect is fully assessed and submitted for consideration in consultation with SNH before determination of the proposal; including potential landscape and visual cumulative effects.

 

·         That the ECU consider requesting a Tourism Impact Assessment in accordance with the advice of Visit Scotland.  This should also take into account the impact any perceived proliferation of developments may have on the local tourism industry, and the local economy.

 

·         That the ECU consult with/obtain a consultee response from North Ayrshire Council regarding the potential impacts on Arran, in particular, Landscape and Visual impact (including cumulative) e.g. on North Arran NSA and Arran hills before determination of the proposal.

 

·         That the ECU seek and approve the minor revisions to the Peat Landslide Hazard Risk Assessment as recommended by Ironside Farrar

 

·         That the ECU obtain visuals from locations where the HMP felling will be visible as requested by Scottish Forestry for further consideration and that further consultation is undertaken with Scottish Forestry in this regard prior to reaching a decision on the application.

 

·         That the ECU obtain the further information requested by Scottish Forestry in regard to: Geology, Hydrology and hydrogeology; fish and aquatic habitat surveys; increase in run-off and flood risk; Acidification of watercourses and undertake further consultation with Scottish Forestry in this regard prior to reaching a decision on the application.

 

·         That the ECU pass on the British Horse Society’s guidance for developer’s to the applicant.

 

·         That the conditions detailed above are only those recommended by consultees to be included in the full suite of final conditions, the Council would expect to be consulted on any final list of conditions prior to permission being granted, should Scottish Ministers be minded to do so.

 

·         The Council would also expect to be consulted on any further mitigation, changes to the layout or turbine height, should the proposal be amended in line with the advice of consultees.

 

Conditions

 

·         Condition to ensure that the applicant provides more detailed information on the footprint/height and appearance (including security fencing, lighting, materials) of the compound containing the battery storage and its likely visibility from the B842 once the location has been confirmed to be agreed in writing by the Planning Authority in consultation with SNH and North Ayrshire Council.

 

·         Condition to ensure the establishment of a robust integrated water quality and fish monitoring programme in accordance with the advice of Marine Scotland

 

·         Conditions as recommended by the Council’s Environment Protection Officer to ensure: control of noise emissions; a report to demonstrate compliance with the proposed noise limits; assessment by independent consultant upon request of Planning Authority and provision of independent consultant’s assessment and conclusions to Planning Authority and to secure any necessary remedial action; logging of wind speed, wind direction and power generation data and provision of  ...  view the full minutes text for item 4