Agenda item

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 data upon request by Planning Authority; point of contact for local residents in regard to any noise complaints; a Construction Environmental Management Plan including details of measures to ensure the occurrence of noise or vibration nuisance during the construction phase including operational hours and control of dust etc (a condition to require compliance with this could be considered); and  a Water Construction Environment Management Plan (WCEMP);

 

·         Conditions as required by the Ministry of Defence (MOD) to secure that the development is fitted with MOD accredited aviation safety lighting and provision of the details of the date of construction starts and ends, maximum height of construction equipment, and the latitude and longitude of every turbine.

 

·         Conditions as required by Transport Scotland to secure the submission and approval of: a Route Access Report; details of signing or temporary traffic control measures; details of the proposed means of access to the trunk road; wheel cleaning facilities; and a Construction Traffic Management Plan.

 

·         Conditions as required by the Council’s Area Roads Engineer to ensure that all vehicular traffic is taken from the A83 Tarbert – Campbeltown Trunk Road, and that no construction traffic shall use the B842 Claonaig – Southend Road.

 

·         Conditions as required by Scottish Forestry to ensure the submission and approval of: constraints, opportunities and concept plans demonstrating that compliance with the UK Forestry Standard (UKFS) can be achieved; operational plan for harvesting, restocking and establishment; a compensatory planting scheme of 31.73ha; a plan/proposal for the replanting of the appropriate Habitat Management Plan (HMP) areas in line with UKFS; compounds and borrow pits reinstated to woodland in a reasonable time scale and monitored.

 

·         Condition in accordance with the advice of SNH, SEPA and RSPB to ensure that: A Habitat Management Plan (HMP) is agreed by SNH, SEPA and RSPB in writing, as outlined in EIA Report document Appendix A8.3; and the Habitat restoration work outlined in the plan is completed at least two growing seasons ahead of construction of the wind farm beginning.  It is also noted from the advice of SNH that said Habitat Management Plan should also include the following provisions:  a diver raft on Loch a Chaorainn and monitoring; native woodland creation and a commitment to remove, and if necessary undertake follow up control work to prevent invasion of Rhododendron ponticum, particularly into sensitive heath, bog, and native woodland habitats which will be created as restored in the HMP area.  Both SNH and RSPB recommend that this condition should ensure that HMP work will start prior to any construction of the wind farm to allow time for habitat creation/management to have a positive mitigating effect before the turbines displace birds.  The HMP shall be implemented as approved and shall include mitigation measures for eagles, divers, peatland restoration and native woodland creation.  The HMP should operate for the lifetime of the development, including decommissioning.

 

·         Conditions as recommended by RSPB Scotland: no construction work/vegetation clearance/tree felling or decommissioning shall be carried out during the bird breeding season, unless undertaken after a bird disturbance management plan has been agreed and implemented (to consider noise and visual disturbance); the employment of an appropriately qualified Ecological Clerk of Works (EcoW) to oversee construction and delivery of mitigation measures; a programme of post-construction monitoring of bird populations.

 

·         Conditions as recommended by SEPA: Finalised Peat Management Plan including required details relating to peat probing, how layout and management reduces the volume of peat disturbed; temporary peat storage areas, and update disturbance and reuse calculations; Ground Water Dependent Terrestrial Ecosystems (GWDTE) - amendments to the layout, via micrositing – buffer of at least 10m between any excavation works for Turbine 4 and M23a/M6b habitat, buffer of at least 10m between any excavation works for the laydown area and M6d habitat; Wind Farm Forest Plan, that specifically includes the requirement for a site plan showing the areas to be subject to the different felling and harvesting techniques, removal of trees with stem wood down to 7cm and brash from the site, woody material removed from smaller trees unless a clear beneficial use is agreed as part of the finalised Habitat Management Plan; unless otherwise agreed with SEPA any replacement watercourse crossings are to be of an arched bottomless culvert design, or traditional style bridge, designed to convey the 1 in 200 year flood event; 50m buffer around all water bodies except in the vicinity of watercourse crossings; enabling the applicant to microsite the built elements of the scheme up to 50m or other distance as seen reasonable by ECU in order to formulise a finalised post-consent layout, once detailed ground investigations have been undertaken and before work commences; to ensure that all works are carried out in accordance with the Schedule of mitigation; to secure requirements as part of Construction Environment Management Plan (CEMP); finalised Decommissioning and Restoration Plan; and the finalised design of the substation and battery storage area to be agreed.

 

Mitigation

 

·         Whilst it is acknowledged that Historic Environment Scotland do not object to the proposal, the Energy Consents Unit may wish to explore with them whether there is any mitigation that they would suggest to lessen the impacts in order to address the concerns which they have raised in their consultation response regarding the impact of the proposal on: An Dunan, dun; Cour House and Dun Skeig.

 

·         SNH consider that adverse effects on North Arran NSA could potentially be mitigated by reducing the scale/height of the turbines to make them more compatible with Cour wind farm.  Furthermore, they advise that there are also some design issues to be addressed to improve the fit with both Cour wind farm and to improve the ‘landscape fit’.  The ECU may wish to explore this suggested mitigation with the applicant and SNH prior to reaching a decision on the application.

 

·         SNH advise that turbine 8 is very close to areas of shallower peat and they advise that micrositing this turbine to such an area would seem appropriate.

 

Consideration should be given by the ECU to the mitigation measures suggested by the Council’s Consultant Landscape Architect that further redesign should be considered by the applicant to relocate and/or reduce the height of turbines (in particular T9 and T10) with the aim of mitigating significant adverse effects, especially on close views in the Cour area.

 

(Reference: Report by Head of Development and Economic Growth dated 4 November 2019, submitted)