Report by Head of Planning and Regulatory Services
Minutes:
The Chair welcomed everyone present to the meeting and
invited the Committee to introduce themselves.
Mr Reppke advised the Chair that a late representation had
been received by the Planning Section the previous day from Mr Donald MacLean
who wished to speak at the meeting. He
advised that under normal procedures, for a person to be allowed to speak at a
discretionary hearing, their representation must be received before the meeting
of the PPSL Committee when the application is first discussed. He advised that it would be at the Committees
discretion to allow Mr MacLean to speak at the meeting. The Committee agreed that they wished to hear
Mr MacLean speak.
Mr Reppke outlined the procedure that would be followed
during the meeting and invited those who wished to address the Committee to
identify themselves.
Planning Authority
Richard Kerr, Principal Planning Officer advised that the
application before the Committee was for a commercial wind farm consisting of
the erection of 16 wind turbines (81 metres blade to tip), formation of access
tracks, erection of wind monitoring mast, construction of switch gear building
and temporary construction compound on an area of land at Todd Hill, Southend
and that the access to the site would be from the B842. Mr Kerr referred the Committee to
Supplementary Report 1 and advised that since this report had been issued a
further representation had been received from argyllwindfarms.com containing
368 signatures of support. He advised
that the applicant had provided a visual document containing views of the site
from prominent places and advised that the Committee had undertaken a short
tour of these places prior to the Hearing.
Mr Kerr advised that the site was within an area of panoramic quality
and national scenic area and that the visibility of turbine hub height had
originally been assessed by looking at the site from 13 representative
viewpoints. This had been increased to 23 due to the exposed nature of the
site. He added that other commercial
wind farm sites in the area were hidden by topography and that this site would
not be. Mr Kerr continued by saying that
the wind farm would assume importance the landscape due to the low landscape
and minimal topography. He showed slide
visuals of the landscape with predicted views of the wind farm and a number of
photographs of current views of the site from different angles. Mr Kerr advised that the application was
inconsistent with Planning Policies LP ENV10, LP DC 6, STRAT DC4, STRAT DC5 and
LP REN 1 amongst others. He advised that
the full list of compliant/conflicting policies was contained in appendix A,
section P of the original report. With
regard to consultees he advised that objections had been received from SNH and
RSPB and that Southend Community Council were in support of the
application. He reported that a late
representation had been received from Mr Kidd advising that the Community
Council response claiming that the wind farm would only be visible from the sea
was factorially incorrect as the wind farm would be clearly visible from
Southend. He advised that a total of 515
representations had been received, 293 in support and 225 against plus the 368
signatures that had been recently received from argyllwindfarms.com. Mr Kerr advised that the planning section
were recommending refusal of the application and gave a summary of the reasons
for refusal contained within the report.
To conclude he reiterated that the two main grounds for refusal were
landscape and visual; and insufficient information to assess the cumulative
impact.
Applicant
Ms Sarah Dooley, Senior Development Manager of Wind Prospect
Developments Ltd introduced herself to the Committee. She gave some background to the
application. She said that the original
planning application had been submitted in January 2008 with further
information being submitted in June 2010.
The application had been before the Planning Protective Services and
Licensing Committee in February 2011 and she advised that a further addendum
report had been circulated amongst Members addressing inaccuracies contained
within the report by the Planning Authority which had stemmed from inaccuracies
contained within the responses by SNH and the RSPB. Ms Dooley gave some information on Government
Policy and Targets with regard to emission reductions and renewable energy in
the
Dr Steve Percival of Ecology Consulting introduced
himself. He told the committee that he
had written the environmental statement and that in terms of ornithology there
was a single species that was at risk from the wind farm, which was the hen
harrier. He advised that the two risks
to hen harriers were the risk of collision with turbines and the risk of loss
of foraging habitat through displacement.
Dr Percival advised that the key question was the importance of the site
to hen harriers and told the Committee that this had been assessed through 272
hours of field studies over 2 years. He
advised that from the studies undertaken in 2005 and 2006 results showed low
use of the site by Hen Harriers and that they had been found more to the east
of the site. From studies between 2008 and 2009 results had shown that hen
harriers had been found more to the east of the site. He advised that they were attracted by the
heather and that in conclusion the studies had shown low use of the site by the
birds. He added that no nests had been
recorded within 500m of the site. The studies had also concluded a collision
risk of 0.02 per year, 1 per 50 years which he advised was not a significant
number. Dr Percival then told the
Committee that should the application be approved a habitat enhancement scheme
would be put in place which would provide gain to nature in the area. This scheme would enhance the areas
surrounding the site to make them more attractive to hen harriers, reduce
predators, control bracken and enhance wet flushes. He advised that funding would be provided
towards a local hen harrier conservation management programme and that a
steering group would be put in place to take this forward. Dr Percival advised that SNH and RSPB had
expressed concern over the competence of the surveyor carrying our the studies,
he confirmed that the surveyor had over 25 years of hen harrier experience, was
the Chair of the Cumbria Bird Club and had 9 years wind farm experience and
that he had carried out all the studies.
Dr Percival advised that a population survey had been carried out by SNH
which had found 9 pairs of hen harriers in the
Sarah Dooley then spoke about the potential economic
benefits of the wind farm advising that turbine supply would be sourced locally
where possible and that haulage and construction would be tendered
locally. She advised that a trust fund
of £2,000 per MW produced would be put in place and that there would be
opportunities for local investment in the farm.
With regard to the local road network she advised that a maintenance
programme would be put in place during construction of the wind farm and that
once construction was complete the road network would be upgraded. Ms Dooley
then spoke of public opinion and representation that had been received. She advised that 82% of people in
Consultees
Stan Phillips of SNH introduced himself and gave an
introduction to SNH and their involvement in wind farm applications. He advised that SNH had been in support of 70%
of wind farm applications and had opposed 30%.
He advised that SNH were objecting to this application due to the
significant adverse landscape and visual impact, an inadequate cumulative
impact assessment, the inadequate assessment on the impact on hen harriers and
the lack of information with regard to peat depth and stability. Should the application be approved he
recommended that appropriate legal agreements be put in place with regard to a
habitat management plan and with regard to black grouse and habitats. He also recommended that conditions be put in
place to mitigate possible impacts on European protected species and small
pearl bordered fritillary and that an Ecological Clerk of Works be employed
during construction. With regard to
adverse landscape and visual impact he advised that the proposal would
undermine the distinctive character of the area and would have an adverse
impact on the panoramic quality of the area.
He advised that other wind farms in the area were well sited, largely
hidden on the spine of Kintyre and did not have an adverse impact on views;
that this proposal would erode this pattern and would impinge on the coastal
views in the area. He suggested that any
development should be contained within the Kintyre spine. He advised that the impact would be over a
large area, that the site would dominate the landscape due to its close
proximity and that the turbines were of poor landscape fit. He showed a number of photographs of views in
the area describing the effects the wind farm would have on each one. Views included those from the
Mr Bakes of Southend Community Council introduced himself
and advised that the Community Council were in support of the application due
to the long term benefits of the wind farm.
He advised that this had been a difficult decision for the Community
Council to make due to mixed opinions in the community. Mr Bakes referred the Committee to paragraph
W within the report by the Planning Authority and commented on the fact that an
assessment of the economic benefits to the community had not been carried
out. He highlighted that the community
would benefit from opportunities for work, the increased use of hotels and
shops during the construction period and an upgrade to the road network. Mr Bakes advised that many other communities
in the surrounding area had benefited from wind farms and that the £27,000 per
annum that the community would receive from the wind farm could be used for the
maintenance of tourist attractions and play parks and for recreational
clubs. He added that these would be
significant benefits to the community.
Mr Bakes highlighted that turbine manufacture was one of the largest
employers in the area, that local industry should be supported and a good
example of this was to build wind farms locally using locally manufactured
products. He added that there was a need
for power everywhere and that the way forward was renewable energy. With regard to visual impact Mr Bakes advised
that a large percentage of views of the wind farm would be from the sea and
that people come to the area to view seascapes, not hills and in this case the
wind farm would be behind them. He said
that the visual impact had been blown out of proportion, that the view of the
area 30 years previous was very different to that of present. He made reference to the planting of forests
in the last 30 years and noted that as time passes these things become less
noticeable. Mr Bakes refuted the claim
that approving the wind farm would open the door for other farms to be built in
the area as each application would be looked at separately. Mr Bakes concluded by saying that the
financial benefits would be tremendous and that tourism would benefit from the
wind farm rather than take away from it.
He agreed that there were visual impacts but added that they were
outweighed by the financial benefits.
Supporters
Susan Patterson introduced herself and advised that she had
stayed in Southend for 51 years and in that time had seen many changes. She added that change was a part of life and
that the community needed to adjust to change.
She expressed her view that the impact on visual amenity was opinions
based and the house that had been previously mentioned as being in close proximity
to the site were actually in favour of the application. Ms Patterson advised that she had spoken to
people on the
Objectors
Robert Kidd advised that he had been in the area for 11
years and that he stayed in one of the 72 properties within 2km of the wind
farm. Mr Kidd refuted the claim by the
Community Council that the site would only be seen from the sea as it would be
clearly seen from the
Anthony Davies introduced himself to the Committee and
advised that he lived on a farm less than one mile from the site. The farm had been in existence from the 1700s
and Mr Davies advised that he had never been approached by the developers for
his opinion on the proposal. He
highlighted that at 81m high the turbines would be twice the height of the
Statue of Liberty. Mr Davies advised
that he had done some research into wind farms and informed the Committee that
turbines are turned off when there is no wind and turned off when there is too
much wind and that they work on a maximum efficiency of 30%. He asked what other piece of equipment would
be bought with an efficiency of 30% and told Members that this was the wrong
type of product in the wrong place. He said that he endorsed the opinions over
visual impact on a small community. Mr
Davies told the Committee that on 18 July 2007 he and his wife had begun a
survey of wildlife in the two acres of land surrounding his property and he had
found 46 different species of wildlife which was considerably more types of
species than just hen harriers. He
advised that there were 4 confirmed sightings of hen harriers to the south of
the site, that the applicant’s survey had been done to the north of the site
and it would be likely that they would fly across the site. Migratory Swans and Geese had also been
sighted and would also be at risk of flying across the site. He advised that he had also seen otters and
bats. He questioned how many nocturnal
animals would be affected and advised that the turbines affected bats lungs.
The Committee adjourned for lunch at 1.00pm and reconvened
at 1.45pm.
Heather McKinlay told the Committee that she was deeply
rooted in Kintyre. She spoke of the
benefits to the economy and advised that the local factory manufactured 300
turbines a year and that the 16 turbines to be used for this proposal was not a
significant number compared to the number that are produced annually. With regard to the National Grid connection
mentioned by the applicant she advised that she had checked the internet and
the only proposed connection was a 10kw connection in Carradale in 2019, she
questioned if this was the same application.
She questioned if the projected CO2 savings had taken account
of the effects of construction. Ms
McKinlay said that wind energy operates at under 30% efficiency and was
unreliable, that there was always a need for back up energy. She advised that this was a highly subsidised
project which prevents developers looking at other methods of energy
production, that it was about profit and not the environment and that wind
farms do not need to be approved in inappropriate areas as the Government would
still reach their targets without the Kilchattan site. Ms McKinlay made reference to the 368
representations that had been made by people out with Argyll and
Donald MacLean introduced himself as a local resident who
had moved to Southend 25 years ago. He
apologised for his late representation and advised that he had found it hard to
speak out and had hoped the application would have gone away. He advised that the claims made by the
Community Council that the locals were in support of the application were not
true. Mr MacLean told the Committee that
he had been surprised to see the montage of the Keil Hotel that Ms McKinlay had
produced and advised that he had recently bought the Keil Hotel with a view to
developing it into an attraction for visitors, to create jobs and support the
economy. Mr MacLean expressed his love
for Southend as it was an outstandingly beautiful area and urged members to
take the views of the planning department and consultees and refuse the
application.
Jane Taylor introduced herself as a resident on a nearby
farm. She told the Committee that the
Community Council had not accurately expressed the views of local people and
that they were only interested in the financial benefits from the wind farm. She advised that Kintyre has its fair share
of windfarms in its “back garden” but this proposal was for one in the “front
garden”. She urged refusal of the
application.
Question Time
Councillor McCuish asked Mr Kerr why the Roads Section had
changed their objection on 22 July 2010 to approval on 22 February 2011. Mr Kerr advised that Mr Weston of the Roads
Section had advised that the roads improvements were practical in physical
terms if the applicant could acquire the land needed to do this but he did not
see this as a viable option due to the cost.
Councillor McCuish then asked the applicant if they had looked into
acquiring the land. Ms Dooley advised that analysis had been carried out into
road improvements and that discussions had taken place with land owners
regarding acquisition.
Councillor Reay asked Dr Percival if an assessment would be
carried out on hen harriers during construction. Dr Percival advised that SNH guidance states
that surveys are to be carried out before, during and after construction and
that no construction works can take place during the breeding season and that
this would also be taken into account.
Councillor Reay asked him what the expected construction time was and Dr
Percival replied that it would be approximately 9 months. Councillor Reay then asked the applicant why
the original offer of £1,000 per mega watt had been increased to £2,000 per
mega watt and Ms Dooley advised that this was to bring it in line with the
Council’s minimum recommendation.
Councillor Reay asked the applicant what the maximum predicted output
from the wind farm was and Ms Dooley replied that she did not have the figures
available at the meeting.
With regard to turbine density Councillor McKay asked Mr
Kerr if 16 turbines was a high number to be placed on a site the size of Kilchattan. Mr Kerr informed him that the separation
distance between the turbines is determined by their height, that normally a
developer will fit as many turbines on a piece of land as possible and
therefore the number of turbines was typical for a site the size of
Kilchattan. Councillor McKay asked Mr
Kerr why the switch building was sited half way up the hill and how the height
of the building relates to the size of the turbines. He also asked if the Planning Section would
be happy to approve a building that size on the top of a hill. Mr Kerr advised
that the control building was to be sited down the hill from the turbines and
would be absorbed in the landscape, that it was a height of 4.5m and siting it
on a crest of a hill would not be considered.
Councillor McKay asked Dr Percival if the 272 hours of
observation on hen harriers had been carried out by himself for the applicant
to which he replied yes.
Councillor Kelly stated that he was surprised to see a
proposal for turbines on top of a hill and asked Ms Dooley if they had
submitted any similar applications to this one.
Ms Dooley advised that they had submitted similar applications on
similar hilltop sites and that a conscious decision had been made to chose
smaller turbines. Councillor Kelly asked
if any consideration had been given to hiding the turbines and Ms Dooley
replied that the scale of the windfarm was suitable to the hillside site.
Councillor Kelly then asked Mr Kerr if he had dealt with any
similar applications on hilltop sites. Mr
Kerr informed him that other wind farms were sited on the Kintyre spine and
were hidden by landform. He advised that
the site in question was very different, did not benefit from landscape
mitigation and was not hidden by topography.
Councillor Kinniburgh asked Dr Percival if it was normal to
miss out months of data collection during a survey. Dr Percival replied that the months of July
to October had been omitted due to the breeding season, that he had confidence
in the results of the survey due to the low levels of activity during the
months surveyed. He advised that the
activity levels during the missed months would have needed to increases
significantly to have any effect on the overall conclusions.
Councillor McCuish asked Ms Dooley if the land owners had
agreed to the acquisition of the land for road improvements. Ms Dooley confirmed that they had agreed in
principal. Councillor McCuish then asked
Ms Dooley if there were smaller turbines available and if smaller ones were
used would they reduce the impact on the size.
Ms Dooley advised that there were smaller ones available but in limited
supply and confirmed that smaller turbines would reduce impact on the site.
Councillor Reay asked Mr Kerr for details on the size of the
foundations, borrow pits and environmental impact. Mr Kerr advised that the borrow pits are
dealt with by a separate minerals application after planning permission is
approved as the precise requirements of the pit are not known until more
surveys are done. He advised that the
foundations would be 16m x 16m and that the depth depended on the site. Councillor Reay asked Ms Dooley the same
questions. Ms Dooley informed him that
the foundations would be 250m2 per turbine and that potential sites had been
identified as borrow pits and that surveys would be carried out should the
application be approved.
Councillor Kelly asked Mr Kidd if there would be a
significant impact on tourism and if surveys had been carried out to measure
this. Mr Kidd advised that surveys on
tourism had ceased to be carried out on the effects of wind farms on tourism
which suggested to him that there is a significant impact. He further advised that visitor centres would
not be suitable in the Kintyre area as visitors come for the views in the area.
Councillor McKay questioned Ms Dooley over her claim that
the wind farm was consistent with planning policy. He advised that 33 policies had been listed
in the report by Planning and a considerable amount were not consistent with
policy. Ms Dooley replied that many of
the policies relate to visual and ornithology impacts and stated that she did
not believe that consideration had been given to the responses to these
contained within the addendum report.
Councillor McKay asked Mr Kerr why no reference had been
made to coastal policies in the report.
Mr Kerr informed him that there were so many policies against the
proposal he did not see merit in including coastal policies and added that the
site was not on the coastal strip.
Councillor McKay asked Mr Kidd if there had been any
consultations carried out by the Community Council. He advised that there had been a public
meeting and presentation but no further discussions had taken place and no
questionnaires issued.
Councillor McCuish asked Ms Dooley where turbines were
usually purchased from. She advised that
purchase of turbines normally went out to tender and was dependant on factors
such as timescales, cost, availability and haulage costs. Councillor McCuish asked for some examples of
companies they had used in the past to which she replied Vestas and
Re-Power. Councillor McCuish then asked
which countries she usually bought from to which she replied
Councillor Kelly asked Mr Kerr if the community benefit was
a material planning consideration to which he replied no, it could not be
assured as part of planning consideration.
Councillor MacAlister asked Ms Dooley if a wind research
survey had been carried out and if so what was the percentage output achieved
from the site. Ms Dooley advised that a
mast had been erected on site in 2007 and was presently showing efficiency of
36% and a speed of 8.3m per second.
Councillor MacAlister commented that the most successful wind farm in
Councillor McKay made reference to the Renewable Energy
Action Plan and asked Mr Kerr if tourism was an included factor to which he
replied yes.
Councillor Kelly questioned the figures that Ms Dooley had quoted
during her presentation regarding the support for wind farms in
Summing Up
Planning Authority
Mr Kerr advised that the Planning Section try hard to
support renewable energy projects and that he had seen companies select sites
in Argyll and
Applicant
Ms Dooley highlighted that the Kilchattan site was suitable
for development, that the proposal would not impinge or dominate the landscape
and was scaled to fit in with the landscape.
She advised that approval of the site would not president for further
farms as each application is looked at separately. With regard to the comments made on turbine
lighting she advised that this was for aviation purposes only and could only be
seen from the air. With regard to
tourism she said that there was nothing to suggest any adverse effects on this
and apologised for omitting areas such as the Mull of Kintyre from her
presentation. She advised that Glenbarr
Abbey had been used as an example as it was the only paid tourist attraction in
the area. With regard to the grid
connection she confirmed that a grid connection of 13.6MW capacity with a date
of 2015 had been agreed with the National Grid and Hydro Electric and that this
had been increased from 10MW and brought forward from 2019. Ms Dooley advised that should the application
be approved that every effort would be made to source turbines locally but this
could not be guaranteed.
Consultees
Stan Phillips of SNH reiterated that SNH were objecting on
the basis of the inability to assess ornithological effects due to missing
information.
Objectors
Mr Kidd summed up by saying that the representation made by
the Community Council had been poor and that they supported the application
purely for the financial gain. He
highlighted that tourism would be damaged by the windfarm and asked for support
of the planners recommendation.
Mr Davies summed up by saying that wind farms were
inefficient as 30% was about the right mark for all of them. He advised that he had learnt a lot about
wind farms recently and that they need back up power. He advised that this was the wrong product in
the wrong place. He highlighted that the
wind farm would dominate and overwhelm the area and would be exposed. Mr Davies commented that on a clear day he
could see people and cars on
Ms McKinlay summed up by questioning if Members would not
approve an 81m high Keil Hotel why they would approve the wind farm.
Mr MacLean summed up by saying that he was in favour of
suitably sited wind farms and asked that Members remember the sites and
panorama they had seen that day in Kintyre when determining the application.
Ms Taylor summed up by saying that this wind farm, if
approved would be in the “front garden” and not the “back garden”.
Councillor Kelly asked all parties if they considered that
they had received a fair hearing to which they confirmed was the case.
Debate
Councillor McCuish advised that he supported refusal of the
application, that it was not in keeping with the local landscape and would be
detrimental to it. He advised that
£27,000 benefits would not make up for the losses to the landscape.
Councillor Reay advised that Members had a responsibility to
protect landscapes within Argyll and
Councillor McNaughton commented that the benefits would be
significantly out done by the impact on landscape and visual and advised that
he supported the recommendation by the planners.
Councillor McQueen advised that he supported the planner’s
recommendation due to the impact on landscape and visual amenity.
Councillor Kinniburgh advised that the application was not
designed to be in keeping with the landscape, that the area was one of natural
beauty and that he supported the recommendation by planners.
Councillor MacAlister advised that the site was in an area
of panoramic quality and scenic beauty and the application would have a
significant visual impact on the land. He advised that he supported the
planner’s recommendation.
Councillor MacMillan advised that of all the areas they had
visited that morning the site had been very prominent from each one. He advised that the wind farm would have a
visual impact and that he supported the planner’s recommendation.
Councillor McKay advised that he
supported renewable energy, that it was the main driver of the economy in the
Kintyre area but there was a need to also consider tourism. He commented that the Mull of Kintyre was
internationally renowned. He advised
that the position of the wind farm would have a dominant presence and that it
was in the wrong place, that there were acknowledged areas for wind farms on
the spine of Kintyre. He advised that he
supported the recommendation by the planners.
Decision
The Committee agreed to refuse
the application for the reasons specified in the Planning Officer’s report.
(Reference: Report by Head of Planning and Regulatory Services
dated 28 January 2011, Supplementary Report 1 dated 16 March 2011 by the Head
of Planning and Regulatory Services, Visual Document supplied by the Applicant,
submitted)
Supporting documents: