Agenda item

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 advised of errors in the main report and concerns raised by the Applicant.  Reference was also made to supplementary report number 2 which advised of a representation from Councillor Ross Moreland.  The Committee were also advised of 2 further representations received this morning, one in support from Mr Jonathan Shieldrick, which she believed had been circulated to the Committee, and an objection relating to amplitude modulation syndrome and shadow flicker. The Senior Planning Officer confirmed that Planning were satisfied with the proposal in terms of shadow flicker and that the Council’s Environmental Health Officer had advised that amplitude modulation was a matter for the Energy Consents Unit to consider and that this could be controlled with a condition.

 

In Scotland, any application to construct or operate an onshore power generating station, in this case, a renewable energy development with an installed capacity of over 50 megawatts, requires the consent of Scottish Ministers under Section 36 of the Electricity act 1989.  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 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 the Scottish Government.  In the event of an objection being raised by the Council, the Scottish Ministers are obliged to convene a Public Local Inquiry if they are minded to approve the proposal.

 

The proposed development site lies within the Knapdale Upland Forest Moor Mosaic Landscape Character Type which covers much of the Knapdale area between West Loch Tarbert and the southern edge of the Knapdale National Scenic Area.  In term of the Local Development Plan, the main wind farm area is located primarily within a combination of Countryside Zone and Very Sensitive Area, with small areas adjacent to the B8024 located within Rural Opportunity 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 consultations undertaken by the Council, and third party opinion expressed to the Scottish Government. 

 

It was recommended that the Council raise an objection to this Section 36 consultation on Landscape & Visual Grounds for the reasons detailed in the report of handling.

 

Decision

 

The Committee agreed, on behalf of the Council, as Planning Authority, to object to this proposal for the following reasons and that the Scottish Government be notified accordingly:

 

1.    Landscape & Visual Impact (including cumulative)

 

Argyll & Bute Council will assess development proposals with the aim of protecting conserving and where possible enhancing the built, human and natural environment.  A development proposal will not be supported when it does not protect, conserve or where possible enhance the established character and local distinctiveness of the landscape in terms of its location, scale, form and design.  Argyll & Bute Council will resist renewable energy developments where these are not consistent with the principles of sustainable development and it has not been adequately demonstrated that there would be no unacceptable significant adverse landscape and visual impacts, whether individual or cumulative.

 

The proposed development site lies within the Knapdale Upland Forest Moor Mosaic Landscape Character Type (LCT) which covers much of the Knapdale area between West Loch Tarbert and the southern edge of the Knapdale National Scenic Area. This landscape has a simpler landform in the south-west but is complex and craggy in the north-east. The operational Allt Dearg and Srondoire wind farms occupy a prominent location in the LCT. The consented Airigh wind farm, while comprising larger turbines, is associated with the more subdued terrain occurring in the south-west of this LCT.

 

This proposal, which comprises very large turbines of up to 200m, would be sited in a basin which reduces its prominence and intrusion seen from Loch Fyne and from the settled eastern coastal fringes of this loch. The containment provided by landform is diminished in views from the south around West Loch Tarbert however where turbines would be visible in closer proximity and where their scale would be more appreciated due to greater visual exposure and because they would be seen in close conjunction with the smaller scale settled loch fringes.

 

Visibility from the northern shores of West Loch Tarbert will be minimal and while this proposal would be visible from parts of Gigha, the Ardpatrick Point area and from the west Kintyre coast, it would not have a significant effect due to the greater distances involved and also because of the presence of the consented Airigh wind farm which is more prominent in some of these views. The greatest degree of visibility (and intrusion) would occur from the waters of West Loch Tarbert, from its south-eastern coastal fringes and from parts of the northern Kintyre uplands.

 

Significant adverse effects would occur on the following landscape/seascape character areas:

 

·         The Knapdale Upland Forest Moor Mosaic LCT extending approximately 2km from the proposed wind farm site

·         The Rocky Mosaic LCT where it covers the south-eastern shores of West Loch Tarbert

·         The West Loch Tarbert Local Coastal Character Area.

 

The significant adverse visual effects associated with the proposal would principally affect views in the West Loch Tarbert area as follows:

 

·         The A83 where it is aligned on the south-eastern coastal fringe of West Loch Tarbert. This road is an important tourist route forming part of National Cycle Network 78 and the Kintyre 66.

·         The Kennacraig to Islay ferry route within inner West Loch Tarbert

·         Footpaths in the Dun Skeig area and from a section of the Kintyre Way.

 

In the above views, this proposal would be seen simultaneously or sequentially with the operational Freasdail and consented Airigh wind farms.

 

This proposal would be one of the first wind farm proposal to introduce lighting to the dark skies of Kintyre. While the intensity of lights will reduce when seen from lower elevation coastal fringes, it is considered that they would still be clearly visible from these more settled and frequented areas and that they may extend the duration of significant adverse effects on views from the West Loch Tarbert area. The potential cumulative effects of visible aviation lighting on character and views are a concern given the number of recent applications for turbines >150m in Argyll & Bute requiring such lighting although it should be noted that the recent Earraghail wind farm application is committed to the adoption of an Aircraft Detection Lighting Strategy (ADLS) which would substantially reduce the duration of night-time lighting.

 

Cumulative landscape and visual effects with the application-stage Sheirdrim wind farm are a key concern. If the Sheirdrim proposal is consented on appeal it is considered that the addition of the Rowan proposal would result in a major adverse combined cumulative effect on the West Loch Tarbert area significantly affecting its character and views from the A83, settlement, footpaths and the Islay ferry.

 

It is therefore concluded that this proposal is unacceptable in landscape and visual grounds principally because of its prominent location in relation to West Loch Tarbert and its sensitive coastal fringes, including impacts on views from key transport routes which are important for visitors.

 

Having due regard to the above it is concluded that the proposal will have significant adverse landscape and visual impacts (including cumulative) and is therefore inconsistent with the provisions of: SG LDP ENV 14 –Landscape; SG 2 Renewable Energy; LDP STRAT 1 – Sustainable Development; LDP DM1 – Development within the Development Management Zone; LDP 3 – Supporting the Protection, Conservation and Enhancement of our Environment; Policy LDP 6 – Supporting the Sustainable Growth of Renewables; LDP 9 – Development Setting, Layout and Design;  of the Argyll & Bute Local Development Plan; SPP (2014); the Onshore wind policy statement, (2017); and guidance contained in the Argyll & Bute Landscape Wind Energy Capacity Study 2017.

 

2.    Aviation

 

Argyll & Bute Council will assess development proposals with the aim of preventing unnecessary dangers aircraft.  Policy requires that development is refused where it would constrain the present and future operations of existing airports and airfields.

 

National Air Traffic Services Safeguarding (NATS) have advised that an unacceptable technical impact is anticipated and they object.  Glasgow Prestwick Airport advise that the development raises aviation safety concerns which have an operational impact on the airport as an air navigation services provider.  Until all technical and operational aviation safety matters are addressed to the satisfaction of Glasgow Prestwick Airport, and a mitigation agreement is put in place for the life of the wind farm, the airport also objects to the proposal.

 

Local Development Plan Policy is clear that developments that have an adverse impact on the Safeguarding of Airports should be refused. 

 

Having due regard to the above it is concluded that due to the fact that National Air Traffic Services Safeguarding (NATS) and Glasgow Prestwick Airport have advised the Energy Consents Unit that they object to the proposal, it will have an adverse impact on aviation and is therefore inconsistent with the provisions of SG 2 Renewable Energy, Policy LDP 6 – Supporting the Sustainable Growth of Renewables and SG LDP TRAN 7 –Safeguarding of Airports of the Argyll & Bute Local Development Plan, SPP (2014) and the Onshore Wind Policy Statement in this respect.

 

Argyll & Bute Council therefore object to the proposal due to the adverse impact it would have on Aviation.  The Energy Consents Unit should please note that in the event that National Air Traffic Services (NATS) and Glasgow Prestwick Airport withdraw their objections, then Argyll & Bute Council would no longer object on these grounds.  Should these objections not be removed and the proposal progresses to an Inquiry, Argyll & Bute Council would defer to National Air Traffic Services and Glasgow Prestwick Airport as the Technical Experts on this matter.

 

(Reference: Report by Head of Development and Economic Growth dated 13 September 2022, supplementary report number 1 dated 23 September 2022 and supplementary report number 2 dated 27 September 2022, submitted)