Agenda item

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report advising that this application follows on from an unimplemented consent granted for a windfarm on this site in 2008.  This application is for the development of an alternative design of wind farm and associated infrastructure on a forested site in a remote location in Kilmichael Forest approximately 10 kilometres north east of Lochgilphead and 5 kilometres west, north-west of Minard.  The current proposal is to install 21 wind turbines, each with a nominal capacity of 2.3MW, hub height of 80 metres and rotor diameter of 92.5 metres giving a maximum height to blade tip of 126.5 metres.  The layout of the wind turbines and the size of the turbines has been amended in the light of continuing post–consent wind monitoring at the site, in order to be able to maximise the available wind resource, which appears to have been under estimated by the pre 2007 application wind monitoring results.  None of the statutory or other consultees have objected to the proposal or have raised issues which cannot be addressed to their satisfaction by the imposition of relevant planning conditions.  There have been two letters of support for the application, one of objection and one further representation raising a question and the application is recommended for approval subject to conditions and a revised Section 75 Legal Agreement.  The Principal Planning Officer referred to amendments made to conditions 19, 25, and 35 and the amalgamation of conditions 27 and 28 following publication of the report and advised on the reasons for these amendments.

 

Decision

 

Agreed to grant planning permission subject to a revised Section 75 Legal Agreement to secure: decommissioning bond, the implementation of a habitat management plan and the provision of a financial contribution to the Mountain Bothy Association the following conditions and reasons:-

1.        Notwithstanding the provisions of Section 58 of the Town and Country Planning (Scotland) Act 1997, the wind farm hereby permitted shall be operational within five years from the date of this approval unless otherwise agreed in writing with the Council as Planning Authority, following which, by virtue of there having been no start on the development hereby permitted, this consent will be considered to have lapsed.  Development which has been commenced but which remains uncompleted and has not resulted in an operational windfarm within this five year timescale (or otherwise agreed timescale) shall be fully restored in accordance with the applicant’s statement of intentions (i.e. Environmental Statement dated December 2011) and as provided for by conditions attached to this permission.

Reason: In order to reduce unnecessary blight over wind catchment areas and other potential sites which, cumulatively, may result in an adverse environmental impact, but individually might otherwise receive the benefit of planning permission.

2.        The permission shall be for a period of 25 years from the commencement of the commercial operation of the wind farm, the date of which shall be notified in writing to the Council as Planning Authority. Within 12 months of the end of that period, unless a further planning application is submitted and approved, all wind turbines, ancillary equipment and buildings shall be dismantled and removed from the site and the land reinstated in accordance with the applicant’s statement of intentions and conditions listed below, to the satisfaction of the Planning Authority.

Reason: In order that the Planning Authority has the opportunity to review the circumstances pertaining to the consent, which is of a temporary nature and in the interests of the visual amenity of the area.

 

3.        The development shall be implemented in accordance with the details specified on the application form dated 16/12/11 and the approved drawing reference numbers:

 

Plan 1 of 10 (Figure 1 Regional Location);

Plan 2 of 10 (Figure 2 Local Location);

Plan 3 of 10 (Figure 3 Application Site);

Plan 4 of 10 (Figure 4 Wind Farm Layout);

Plan 5 of 10 (Figure 5 Indicative Wind Turbine Design)

Plan 6 of 10 (Figure 6 Permanent Meteorological Mast);

Plan 7 of 10 (Figure 8 Substation Control and Operations and Maintenance Facility -Site Plan);

Plan 8 of 10 (Figure 8 Substation Control and Operations and Maintenance Facility - Plan);

Plan 9 of 9 (Figure 8 Substation Control and Operations and Maintenance Facility - Elevations);

Plan 10 of 10 (Figure 4b Microsited Layout around Turbine 8).

 

unless the prior written approval of the planning authority is obtained for other materials/finishes/for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997 (as amended), and the operator shall at all times deal with the areas forming the subject of this approval in accordance with the provisions of the application and statement of intentions (i.e. Environmental Statement dated December 2011) except as otherwise provided by this approval, and shall omit no significant part of the operations provided for therein except with the prior written approval of the Planning Authority.

 

Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.

 

4.        For the avoidance of doubt, this permission should not be construed as conferring consent for the working of any borrow pits within the application site, the provision of which would require to be the subject of separate applications to the Council as Planning Authority for mineral planning consent.

Reason: For the avoidance of doubt, and having regard to the need for separate planning permission.

5.        Prior to development commencing, details of the turbine model selected for installation on the site and confirmation of the final micro-siting of turbines shall be submitted to the Council as Planning Authority. Prior to the turbines first being brought into use, the developer shall submit to the Council as Planning Authority, location details for each turbine as erected in the form of Global Positioning System co-ordinates.

Reason: In order to demonstrate that the windfarm has been constructed in accordance with the approved plans.

6.        If, by reason of any circumstances not foreseen by the applicant, it becomes necessary or expedient during the continuance of the operations hereby approved to materially amend or abandon any of the provisions hereof, the applicant or operator shall forthwith submit to the Planning Authority an amended application, plans and statement of intentions but shall also adhere to and comply with this consent until such time as an amended application shall have been determined by the said Authority.

Reason: In order that the consent may be reconsidered should a change of intentions become necessary.

7.        If, by reason of any circumstances not foreseen by the applicant or operator, any wind turbine fails to produce an electricity supply to a local grid for a continuous period of 12 months then it will be deemed to have ceased to be required and, unless otherwise agreed in writing with the Planning Authority, the wind turbine and its ancillary equipment shall be dismantled and removed from the site and the site restored in accordance with the agreed scheme, all to the satisfaction of the Planning Authority.

Reason: In accordance with the Council’s policy to ensure that full and satisfactory restoration of the wind farm site takes place should it fall into disuse.

8.        The wind turbines shall be finished in a matt grey white colour (RAL 9002 or RAL 7035), or such other colour as may be agreed in writing with the Planning Authority, and the colour and finish of the wind turbines shall not be altered thereafter without the written consent of the Council as Planning Authority.

Reason: To reduce the impact of the turbines and minimise reflection in the interest of visual amenity.

9.        There shall be no illumination of the wind turbines hereby permitted, nor shall any symbols, signs, logos, or other lettering be applied to the turbines without the prior approval of the Planning Authority.

Reason: To protect the upland rural character of the area in the interests of visual amenity.

10.    Before the cessation of the planning permission, a decommissioning plan shall be submitted for the written approval of the Council as Planning Authority in consultation with Scottish Natural Heritage. Within 12 months of the planning consent lapsing, unless any further permission has been granted for their retention for an additional period, the wind turbines and all ancillary structures shall be removed, and the turbine bases and adjoining hard standings covered in soil/peat and re-seeded with appropriate vegetation in accordance with the requirements of the approved plan. 

Reason: To ensure that disturbed areas of the site are reinstated in a proper manner in the interests of amenity.

11.    All wires and cables between the wind turbines and sub-station shall be located underground within the access track verges or within three metres of the access tracks unless otherwise agreed in writing with the Planning Authority, and the ground thereafter shall be reinstated to a condition equivalent to the land adjoining the trenches within two months of completion of cable laying to the satisfaction of the Planning Authority. This excludes the identified cable connection route between Turbine No. 21 and the site of the approved substation, which shall be implemented in accordance with the route shown on Figure 3.3 of the Environmental Statement where above ground of the River Add is provided for, unless any subsequent variation of that route is approved in advance by the Council as Planning Authority. (For the avoidance of doubt, the route of the grid connection between the substation and the existing electricity network is not authorised by this permission and is subject to a requirement for separate consent). 

Reason: In the interests of visual amenity and nature conservation.

12.    Within six months of the windfarm becoming fully operational, all temporary site offices, containers, machinery and equipment shall be removed, and the materials storage compounds/laydown areas shall be fully restored in accordance with a scheme detailing vegetation replacement techniques and timing, which shall be submitted to and approved in advance by the Council as Planning Authority unless otherwise agreed in writing with the Council as Planning Authority.

Reason: In order to secure appropriate reinstatement of those areas disturbed by construction in the interests of amenity.

13.    At least two months prior to the commencement of development, an Environmental Management Plan (EMP) detailing all mitigation and pollution prevention measures to be implemented during construction and the lifetime of the development shall be submitted to and agreed by the Council as Planning Authority in consultation with the Scottish Environment Protection Agency and Scottish Natural Heritage. This should address all aspects of the construction process which might impact on the environment, including in particular, excavations and other earthworks, a management/reinstatement scheme for peat areas, the construction works associated with upgraded watercourse crossings, the management of waste streams, the timing of works to avoid periods of high rainfall; along with monitoring proposals, contingency plans and reinstatement measures. The development shall be implemented in accordance with the provisions of the duly approved EMP or any subsequently agreed variation thereof.

Reason: In the interests of pollution control and protection of the water environment.

14.    Prior to the commencement of development, full details of the drainage proposals for the site, including foul drainage arrangements for the control building, and drainage for the vehicle accesses, storage areas and compounds, together with the provisions for the avoidance of sedimentation and pollution from construction works and the storage and use of oils and other potential pollutants, and measures for the monitoring and mitigation of erosion, shall be submitted for the approval of the Council as Planning Authority in consultation with the Scottish Environment Protection Agency. The scheme shall include details relating to the methods for collection and treatment of surface run-off using sustainable drainage principles. The development shall be implemented in accordance with the duly approved details.

Reason: In order to prevent pollution of the water environment.

15.    Prior to the commencement of development, full details of a Restoration Method Statement and Restoration Monitoring Plan shall be submitted for the approval of the Council as Planning Authority, in consultation with Scottish Natural Heritage.  The restoration method statement shall provide restoration proposals for those areas disturbed by construction works, including access tracks, hardstandings and other construction areas. Restoration of construction disturbed areas shall be implemented within 6 months of the commissioning of the windfarm, or as otherwise agreed in writing with the Council as Planning Authority. The monitoring programme shall include a programme of visits to monitor initial vegetation establishment and responses to further requirements, and long term monitoring as part of regular wind farm maintenance.

Reason: To ensure that disturbed areas of the site are reinstated in a proper manner following construction in the interests of amenity, landscape character and nature conservation.

16.    The control building shall be faced in natural stone/smooth cement or wet dash render painted a recessive colour (or other natural/recessive finish as agreed in writing by the Planning Authority) with the roof finished in natural slate or a good quality slate substitute, samples or full details of which shall be submitted for the prior written approval of the Planning Authority prior to building works commencing.

Reason: In order to secure an appropriate appearance in the interests of amenity and to help assimilate the building into its landscape setting.

17.    Prior to the commencement of development, details of materials, external finishes and colours for all ancillary elements, including transformers, switchgear/metering building, compound and fencing shall be submitted to and approved by the Council as Planning Authority. The development shall be implemented in accordance with the duly approved details.

Reason: In order to secure an appropriate appearance in the interests of amenity and to help assimilate the structures into their landscape setting.

18.    Prior to the commencement of development, details of a programme for monitoring wild fish populations in the River Add, and a bird monitoring programme, both of which should be undertaken for the years of operation 1 to 5 inclusive (plus year 10 in respect of bird monitoring only) shall be submitted to and be approved in writing by the Council as Planning Authority, in consultation with Scottish Natural Heritage and the Argyll District Salmon Fishery Board.  Thereafter monitoring results for each period shall be submitted to the Council as Planning Authority within a four month period following each 12 month period of monitoring along with details of any mitigation measures required.

Reason: In the interests of nature conservation.

19.    At the request of the Council, following a complaint to the Council by the occupier of an affected property relating to noise emissions from the wind turbines, the developer shall undertake an investigation of the complaint, carry out monitoring, prepare and submit a report upon the problem and advise of any necessary remedial action in accordance with the methodology set out in the report entitle “The Assessment and Rating of Noise from Wind Farms ETSU-R-97” produced by the Energy Technology Support Unit on behalf of the Department of Trade and Industry and take any such remedial action agreed to the satisfaction of the Council as Planning Authority.

Reason:  To help to control and therefore, minimise possible noise pollution.

 

20.    Prior to the commencement of the construction of the development, the Developer should agree with the Council as Planning Authority the working methods and operating times to be employed during the constructional phase, in order to prevent the occurrence of or minimise the effect of any nuisances.

Reason:  To help to control and therefore, minimise possible noise pollution.

21.    The level of noise from wind turbine noise shall not exceed 35 dB LA90 when measured at any residential property in accordance with the methodology of ETSU-R-97 or any successor standards.  The noise should, in addition contain no audible tonal and/or impulsive components so as to cause nuisance to the occupiers of any residential dwelling.

Reason:  To minimise the adverse impact of noise generated by the operations on the local community.

22.    Prior to the commencement of the development hereby permitted, the applicant shall provide warranty to the satisfaction of the Council as Planning Authority that the noise from turbine operation will be broad-band with no discernable tonal characteristics.

Reason:  To minimise the adverse impact of noise generated by the operations on the local community.

23.    No development shall be commenced until the developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the developer, agreed by the West of Scotland Archaeology Service and approved in writing by the Council as Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Council as Planning Authority.

Reason: To enable the opportunity to identify and examine any items of archaeological interest which may be found on the site, and to allow any action required for the protection, preservation or recording of such remains. 

24.    Prior to the development commencing a full appraisal to demonstrate the wholesomeness and sufficiency of the private water supply to serve the development shall be submitted to and approved in writing by the Planning Authority. This assessment shall be carried out by a qualified and competent person(s). Such appraisal shall include a risk assessment having regard to the requirements of Schedule 4 of the Private Water Supplies (Scotland) Regulations 2006 and shall on the basis of such risk assessment specify the means by which a wholesome and sufficient water supply shall be provided and thereafter maintained to the development. Such appraisal shall also demonstrate that the wholesomeness and sufficiency of any other supply in the vicinity of the development, or any other person utilising the same source or supply, shall not be compromised by the proposed development. Furthermore, the development itself shall not be brought into use or occupied until the required supply has been installed in accordance with the agreed specification.

Reason: In the interests of public health and in order to ensure that an adequate private water supply in terms of both wholesomeness and sufficiency can be provided to meet the requirements of the proposed development and without compromising the interests of other users of the same or nearby private water supplies.

25.    Construction traffic shall access the site from the A816 via the Achnabreck/Kilmichael Forest haul road in accordance with the route stipulated in Figure 12.4 of the Environmental Statement. Specifically, no windfarm construction traffic, with the exception of light vehicles, shall access the site using the existing forest haul route from the A83(T) at Birdfield, by Minard, other than in the event of emergency access being required should the main route become blocked, and in that case, only with the prior agreement of the Planning Authority and for such limited duration as may be agreed in writing

Reason: In the interests of road safety.   

26.    Throughout the construction and commissioning stages of the development, and during decommissioning, an appropriately qualified ‘Ecological Clerk of Works’ (as stipulated in Section 9.115 of the Environmental Statement) shall be available to direct the micro-siting of turbines, compounds and access tracks, to ensure that sensitive features are avoided, and that habitat enhancement works and all mitigation and restoration measures are fully implemented. The ECOW should liaise with Scottish Natural Heritage and the role of the ECOW should be clearly conveyed to all personnel prior to their commencement of work on the site.

Reason: In the interests of nature conservation.

 

27.    Prior to the commencement of construction work, including forestry operations, a Mammal Protection Plan shall be developed in consultation with Scottish Natural Heritage which shall inform any required mitigation in relation to Otter and which shall be submitted for written approval by the Council as Planning Authority in consultation with Scottish Natural Heritage. The plan shall provide for re-survey by an experienced and appropriately licensed surveyor immediately prior to the commencement of construction, the results of which should be submitted to the Council as Planning Authority for consultation with Scottish Natural Heritage. Where otter are recorded by the survey, and disturbance to this species is concluded to be likely, the developer must identify appropriate mitigation where practicable, or seek a licence to disturb otters from the Scottish Government in order to be able to undertake operations within affected areas. The plan shall be implemented at such time as forestry operations commence for the full duration of the construction phase of the development, in accordance with the duly approved measures, including any required mitigation measures identified by the plan.

 

Reason: In the interests of nature conservation.

 

28.    Prior to the commencement of construction work, including forestry operations, a Breeding Bird Management Plan shall be developed in consultation with Scottish Natural Heritage and shall be submitted and be approved in writing by the Council as Planning Authority in consultation with Scottish Natural Heritage. This should include appropriate measures to mitigate against Black Grouse colliding with handrails and lower tower sections. The plan shall be implemented at such time as forestry operations commence, for the full duration of both the construction and operational phases of the development, in accordance with the duly approved measures.

 

Reason: In the interests of nature conservation.

 

 

29.    Prior to the commencement of construction work, including forestry operations, a Black Grouse Habitat Management Plan shall be developed in consultation with Scottish Natural Heritage and shall be submitted and be approved in writing by the Council as Planning Authority in consultation with Scottish Natural Heritage. The plan shall provide details of the measures proposed to be employed, proposed management practices and techniques, intended timings, monitoring protocols and shall identify definitive management compartments. The plan shall be implemented at such time as forestry operations commence, for the full duration of both the construction and operational phases of the development, in accordance with the duly approved measures.

 

Reason: In order to support national and local biodiversity action plan species in the interests of nature conservation.

 

30.    Notwithstanding the provisions of the approved plans, the Environmental Statement and the effect of condition 3 above, none of the following shall be permitted within 50 metres of any identified watercourse forming part of the Abhainn Bheag an Tunns catchment, unless otherwise agreed in writing by the Council as Planning Authority:

 

i)             areas to be used for the storage of chemicals;

 

ii)            operations involving the maintenance or refuelling of vehicles, plant or equipment;

 

iii)          the construction of any crane platforms or access tracks;

 

iv)          the location of Turbine No. 8 and its associated track and platform, which shall be micro-sited to ensure that the turbine and its associated infrastructure is located a minimum of 50 metres from the nearest watercourse, in accordance with approved plan 10 of 10 (figure 4b), or such revision thereof as may be agreed in writing in advance by the Council as Planning Authority, in consultation with Scottish Natural Heritage.

Reason: In order to avoid sedimentation or pollution of watercourses in order to protect species in the interests of nature conservation.

31.    Throughout the full duration of construction works, silt traps shall be used in all drains and culverts which discharge water into watercourses within the Abhainn Bheag an Tunns catchment.

 

Reason: In the interests of nature conservation.

32.    A full baseline survey of the confidential species ecology identified by Cosgrove P and Farquhar J (2007) shall be carried out in accordance with their recommendations prior to the commencement of development. During construction/dismantling works on site all mitigation measures as detailed in Section 7.1 of that report shall be implemented in full. All harvesting operations associated with the development shall be carried out in accordance with best practice set out in the Forestry commission’s ‘Forest and Water Guidelines’ (4^th edition) 

Reason: In order to avoid sedimentation or pollution of watercourses in order to protect species in the interests of nature conservation.

33.    Prior to the commencement of development, a Site Waste Management Plan shall be submitted for the approval of the Council as Planning Authority in consultation with the Scottish Environment Protection Agency. The development shall be implemented in accordance with the provisions of the duly approved plan.

 

Reason: In order to ensure that waste arising from the development is managed in a sustainable manner.

 

34.    Where National Right of Way SA25 overlaps with areas affected by the construction of the proposed wind farm, it shall remain open and free of obstruction during the construction, operation, and decommissioning of the windfarm, unless any temporary closure is necessary in the interests of urgent health and safety considerations, in which case short-term diversion of the route shall be put in place as soon as reasonably practicable, with the original route being reinstated as soon as the circumstances prompting temporary closure have been remedied.  

 

Reason: In order to safeguard uninterrupted access along a route recorded in the National Catalogue of Rights of Way.    

 

35.    Prior to the commencement of turbine tower erection, a baseline TV reception study shall be undertaken and submitted to the Council as Planning Authority. Within 12 months of the final commissioning of the windfarm, any claim by any person for TV picture loss or interference at their household, office, shop or other building shall be investigated by a qualified television engineer and the results submitted to the Council as Planning Authority.  Should any impairment to the TV reception be attributable to the windfarm, such impairment shall be improved to an acceptable standard of TV reception, such that the standard at the household, office, shop or other building at the time of the baseline reception study is maintained

 

Reason: In order to avoid interference with television reception as a result of the operation of the windfarm.

(Report by Head of Planning and Regulatory Services dated 13 June 2012, submitted)