PLANNING APPLICATION: 12/01165/APP

PLANNING APPLICATION: 12/01165/APP
In the event that a recommendation on this planning application is overturned the Committee
is reminded of the advice contained on the front page of the agenda for Reports on
Applications
The Proposal
The application seeks planning permission for the erection of a single wind turbine on
farmland at Newton of Edingight, Grange, Keith. The turbine would be 79 metres in
height (with a blade diameter of 48 metres) with a power output of 800kW.
Associated works include turbine foundations, construction compound, crane
hardstanding, substation, underground cable, switch gear, control and metering kiosk and
access tracks to the site.
The maximum power output of the turbine is 800kW and the energy will be fed into the
national grid via underground cabling.
The Site
The turbine would be sited on Knock Hill on sloping farmland. The application and
surrounding area compromises mixed (arable and pastoral) farmland and large areas of
woodland.
The A95 is approximately 2.9 km to the southeast, an unclassified road lies
approximately 475 m to the southwest that will serve the development via a new access
track.
The site is not located within any landscape designation or preferred search area as
currently defined in the Moray Local Plan 2008. There are no local or national
environmental designations to protect wildlife or habitat within the vicinity of the site.
The immediate area surrounding the proposal is predominately rural with a low
population. There are two farm complexes nearby (Newton of Edingight and Gawstack)
within a 1 km radius of the site.
Policy / Objections-Representations / Consultations - See Appendix
History
For the site:11/00180/SCN - Screening opinion for the erection of one turbine. EIA not required.
11/01026/SCN - Screening opinion for the erection of one turbine. EIA not required.
Nearby to the northeast of the site:12/01186/APP - Installation of meteorological mast for 3 year period, approx. 140 metres from
site. Application permitted.
Nearby to the northwest of the site:12/00089/APP - Erection of two 15.5 metres wind turbines (7.2m rotor diameter) at Edingight,
Grange, Keith, Moray, AB55 6TD. Approved in March this year these turbines are 1.6km from
the current application site.
Nearby to the south of the site:11/00338/APP - Installation of two C&F Green Energy 20kw wind turbines on 20m masts in
order to generate electricity at Eastbrae, Grange, Keith, Moray, AB55 6TN. Approved in May
2011 these turbines are located 1km to the south of the current application site.
There are a number of consented and built turbines in the wider locality and within
Aberdeenshire to the east. Notably within Moray on the south facing slopes of Lurg Hill 3km to
the west of the current site there are 5 large turbines approved/build ranging in size up to 92
metres (Myreton and Netherton).
Advertisement
The application has been advertised under the neighbour notification procedures and as a
departure from the development plan.
Observations
Section 25 of the 1997 Act as amended requires applications to be determined in accordance
with the development plan i.e. the approved Moray Structure Plan 2007 and the adopted Moray
Local Plan 2008 unless material considerations indicate otherwise. In this case the main
planning issues are considered below.
Structure Plan Policy 2 (l) promotes sensitive renewable energy developments and Policy ER1
outlines that wind energy development should be located within the preferred search areas as
identified in the Council's Supplementary Planning Guidance Wind Energy Planning Guidance
(WEPG) (2005). In accordance with the guidance agreed by the Planning and Regulatory
Services Committee on the 6 April 2010, proposals for single or small groups of up to 3 turbines
outwith the preferred search areas will be treated as departures from the development plan and
thereafter considered on their merits taking into account landscape and environmental criteria
and any other material considerations. Policy ER1 indicates a range of criteria to be taken into
account. Cumulative impacts are a prime consideration with account taken of existing wind
farm/turbine developments and those which have permission. In June 2011, the Council agreed
an additional interpretation where a safeguarding distance of 10 x the rotor diameter be applied
between residential property and commercial wind turbines to cover issues including noise,
shadow flicker, safety, and electromagnetic interference outwith preferred search areas.
SPP 2010 sets out national policy regarding renewable energy proposals and Scottish
Governments web-based renewables advice identifies a number of factors to be taken into
consideration in determining applications.
Another material consideration is the Moray Wind Energy Landscape Capacity Study (July
2012) which provides further guidance for assessing turbines. The study divides the landscape
into different character types and considers the capacity for each of the four typologies of
turbine (i.e. small, small/medium, medium and large), using a range of sensitivity criteria based
on key landscape, visual characteristics, cumulative landscapes and visual effects.
Departure from the development plan (ER1, IMP1, ED8 and supplementary guidance)
The proposal is a departure from the development plan because it lays outwith any preferred
search area for wind energy developments as referred to in policy ER1. On that basis and after
advertisement, the agreed interpretation indicates that careful consideration needs to be given to
a number of factors including the individual and cumulative landscape and visual impacts of the
development. Following assessment of the proposal, the proposal is considered to be an
unacceptable departure for the reasons set out below.
Landscape and Visual impact - ER1 and IMP1
The criteria for making such an assessment is detailed within the supplementary WEPG, which
outlines that the landscape and visual impact of wind turbines is influenced by:
land form and landscape characteristics
number, size and layout of turbines
how the turbines relate to the skyline
design and colour;
access tracks; and
ancillary components like power lines and substations
This is supplemented by the newer criterion for assessing the location of wind turbines as
provided within 2010 SPP and this suggests;
Landscape and visual impact,
Effects on the natural heritage and historic environment,
Contribution of the development to renewable energy generation targets,
Effect on the local and national economy and tourism and recreation interests,
Benefits and disbenefits for communities,
Aviation and telecommunications
Noise and shadow flicker and
Cumulative impact.
In line with this guidance the assessment below looks at the impact of the turbine in this
location.
As a general guide, the WEPG indicates that a turbine viewed at up to 2 kilometres is likely to
be a prominent feature, when viewed at 2-5 kilometres it will be relatively prominent, from 5 to
15 kilometres the turbine should only be prominent in clear visibility and will be seen as part of
the wider landscape, and from 15 to 30 kilometres it will only be seen in very clear visibility and
form a minor element in the landscape.
The Scottish Governments web-based renewables advice for onshore wind turbines refers to the
SNH Landscape Character Assessment documents, which should be used to define the
characteristics of the landscape in which the turbine is proposed. The SNH Moray and Nairn
Landscape Assessment 1998 outlines that the area of land surrounding the turbine can be
defined as "Upland Farmland", which is characterised by broad, gently undulating slopes rising
in close proximity to the coast, cut by gently graded valleys to the higher lands of the Open
Uplands, and punctuated by distinctive conical hills such as Bin of Cullen and Knock Hill. There
are also a number of woodland plantations that cover smaller proportion of land than the Rolling
Farmland and Forest Character Area and are less integrated within the farmland, forming large
scale coniferous plantations of uniform colour and height to the western edge of the Character
Area.
The assessment states that there is no scope to accommodate the larger typologies within this
landscape due principally to their likely significant effects on landscape scale, the setting of
settlement and because of the potential cumulative landscape and visual effects with large
turbines.
In this case the proposed wind turbine, by virtue of its height and position on a sloping hillside,
would appear as a prominent feature within the landscape, particularly when viewed from the
nearby surrounding road network and properties in the area (as demonstrated by the Zone of
Theoretical Visibility Map submitted with the application). As such it would be unduly
prominent visually and would detrimentally affect the rural character of this part of the
countryside to an unacceptable degree, contrary to policies 2 (l), ER1 and IMP1.
In terms of the other requirements of policy ER1, the site does not impact upon any
environmental, landscape or heritage designation. It is not located on prime agricultural land, is
unlikely to have a significant impact on tourism/recreational interests and will not interfere with
radio signals or aircraft activity.
With regards to the Moray Wind Energy Landscape Capacity Study (approved July 2012) the
proposal is sited in character type 8: Upland Farmland which has an overall high sensitivity to
large and medium development typologies. The study describes the landscape as having broad
shallow valleys largely lying to the north of the River Isla. The landscape has a simple land
cover of open farmland with large fields of pasture predominately enclosed by post and wire
fences. The constraints in the landscape such as the openness which allows extensive views, the
presence of small scale features such as farms, houses, enclosed fields and woodland and views
of the distinctive landmark hills including Knock Hill. Therefore the study clearly states that
there is no scope to accommodate larger typologies within this landscape due principally to their
likely significant effects on landscape scale, the setting of settlement and because of potential
cumulative landscape and visual effects with larger turbines.
In terms of cumulative impact there are two operational single turbines Balnamoon (70 metres)
and Myreton (80 metres) nearby that have been constructed. A further four have been consented
at the Netherton of Windyhills (92 metres) and Myreton (89 metres). These are all within 5km
of the proposal There are numerous nearby applications still under consideration including the
Aultmore Wind Farm (13 turbines, 110 metres high), which is within 7.5km of the proposal.
There are also a number of smaller turbines within 5km of the development as specified within
the history section of this report. A 50 m meteorological mast has been given temporary consent
for 3 years 140 metres from the site.
Therefore the proposed turbine taken together with these operational and approved turbines and
meteorological mast would lead to unacceptable cumulative impacts both sequentially for those
travelling along the nearby A95 (and other routes within the wider area) and statically from
numerous vantage points within the surrounding area. The resultant combined effect of these
turbines would in turn give rise to a landscape which would have a cluttered appearance in
contrast to its current simplistic character. Such an impact would detrimentally affect its rural
character to an unacceptable degree and accordingly the application attracts a recommendation
of refusal on the grounds of being contrary to policies 2 (l), ER1 and IMP1 and associated
guidance, as contained within the Moray Wind Energy Landscape Capacity Study (Approved
July 2012).
Access T2
Transport Scotland and the Transportation manager have been consulted on the proposal and
have no objection to the approval of the application subject to certain conditions being applied to
any grant of consent.
Noise EP8
The Environmental Health Manager has assessed the proposal and supporting noise data and is
satisfied that the proposed turbine will not result in unacceptable noise disturbance affecting
residential properties in the general locality. Accordingly, the Environmental Health Manager
has raised no objection to the granting of permission subject to a condition controlling noise
levels.
Shadow Flicker i.e. the optical effect caused by the intermittent obstruction of a light source by a
moving object. The Scottish Government Renewables advice recommends that a turbine be no
nearer to neighbouring property than ten times the rotor diameter. The turbine is within this
distance however it will not affect neighbouring property.
Electromagnetic interference
Consultation with the relevant bodies including Ofcom and associated radio operators in the area
has confirmed no likely impact on services.
Aircraft Activity
The National Air Traffic Service (NATS) and Ministry of Defence have been consulted on the
proposal and have confirmed that there will no safety risks to aircraft as a result of the
development. The MOD has requested that it be notified of start of works, the maximum height
of construction equipment and turbine location information. This could be covered by planning
condition.
Conclusions and Recommendation
Based on the above conclusions the proposal is considered to represent an unacceptable form of
development and accordingly it is recommended that the application be refused as an
unacceptable departure from the development plan.
Author/Contact Officer:
Emma Mitchell
Planning Officer
BEVERLY SMITH
MANAGER (DEVELOPMENT MANAGEMENT)
Ext:
01343 563193
APPENDIX
POLICY
Moray Structure Plan 2007 and/or Moray Local Plan 2008
Policy 2: Environment and Resources
The Moray Structure Plan Strategy will be supported by: k)
safeguarding the area from pollution and contamination.
ER1: Renewable Energy Proposals
Renewable energy proposals will be considered favourably where they meet the following
criteria:
a.
they are compatible with policies to safeguard and enhance the built and natural
environment
b.
they do not lead to the permanent loss or permanent damage to, prime agricultural land,
c.
they are compatible with tourism/recreational interest and facilities, they do not interfere
with aircraft activity,
d.
they do not result in an unacceptable impact in terms of visual appearance, landscape
character, noise, electro-magnetic disturbance, watercourse engineering, peat land
hydrological impacts, pollution, traffic generation or damage to the local ecology, and
e.
they do not result in an unacceptable cumulative impact.
Proposals are required to provide “decommissioning arrangements” to illustrate how the site will
be reinstated if and when the plant ceases to operate. This may be enforced through a section 75
agreement.
Commercial wind energy developments should be located within a Preferred Search area
identified in the Wind Energy Policy Guidance and meet the above criteria.
Policy 2: Environment and Resources
The Moray Structure Plan Strategy will be supported by: l)
promoting opportunities for the sensitive development of renewable energy and
promoting renewable energy in new development.
IMP1: Development Requirements
New development will require to be sensitively sited, designed and serviced appropriate to the
amenity of the surrounding area. It must meet the following criteria:
a.
the scale, density and character must be appropriate to the surrounding area,
b.
the development must be integrated into the surrounding landscape,
c.
adequate roads, public transport, and cycling and footpath provision must be available, at
a level appropriate to the development,
d.
adequate water, drainage and power provision must be made,
e.
sustainable urban drainage systems should be used where appropriate, in all new
developments
f.
there must be adequate availability of social, educational, healthcare and community
facilities,
g.
the development should, where appropriate, demonstrate how it will incorporate
renewable energy systems and sustainable design and construction. Supplementary
Guidance will be produced to expand upon some of these criteria,
h.
provision for the long term maintenance of public landscape and amenity areas must be
made,
i.
conservation of natural and built environment resources must be demonstrated,
j.
appropriate provision to deal with flood related issues must be made, including the
possibility of coastal flooding from rising sea levels and coastal erosion,
k.
pollution, including ground water must be avoided,
l.
appropriate provision to deal with contamination issues must be made, and
m.
the development must not sterilise significant workable reserves of minerals, prime
quality agricultural land, or preferred areas for forestry planting.
n.
where appropriate, arrangements for waste management should be provided.
Policy T2: Provision of Road Access
The Council will require that a suitable and safe road access from the public highway is
provided to serve new development and where appropriate any necessary modifications to the
existing road network to mitigate the impact of development traffic, and the provision of
appropriate facilities for public transport, cycling, and pedestrians. Access proposals that have a
significant adverse impact on the surrounding landscape and environment that cannot be
mitigated will be refused.
SPP17 details that there will be a presumption against new accesses onto a trunk road, and that
the Scottish Executive will consider the case for such junctions where nationally significant
economic growth or regeneration benefits can be demonstrated.
Policy EP8: Pollution
Planning applications that are subject to significant pollution such as noise, including RAF
aircraft noise, air, water and light will only be approved where a detailed assessment report on
the levels, character and transmission of the potential pollution is provided by the applicant to
show how the pollution can be appropriately mitigated. Where the Council applies conditions to
the consent to deal with pollution matters these may include subsequent independent monitoring
of pollution levels.
T5: Parking Standards
Proposals for development must conform with the Council’s policy on parking standards.
OBJECTIONS-REPRESENTATIONS
Letters of objection/representation were received from the following:
Mr Robin Vasey - Woodside of Tarryblake, Rothiemay Huntly
R and L Plumley - Stonehouse, Ruthven, Huntly
Mr Kevin Barton - Brambleburn Steading Crossroads, Grange, Keith
The grounds for objection are as follows:
Cumulative Impact:
There are a number of turbines already approved near the two properties at Brambleburn
Nearby high wind turbines within 2 miles of proposal
Cumulative impact should be a prime consideration and take account of existing wind
farms/turbines and those which have permissions Moray scattered with turbines resulting
in loss of tourists and jobs
Comment (PO): A cumulative visual impact assessment has been carried out and the results are
in the observations section of the report. The visual impact of the turbine upon this locality
would is reflected in the recommendation for refusal.
Shadow Flicker:
Neighbouring property currently has shadow flicker problems with other nearby turbines, do not
believe tests carried out to prevent shadow flicker from occurring are always correct. Complaint
has been lodged with the Moray Councils Environmental Health Section
Comment (PO): The Environmental Health Section was consulted and has recommended
approval of the proposal.
Visual/Noise Impact
MOD have stated that the turbine be fitted with a flashing red - strongly object to this as
it will be visible from windows of principle living rooms and bedrooms
Previous nearby application for change of use of steading amongst other things had to be
amended in order to fit in with the sensitivity of the area on the prominent hillside, this
proposal is to be sited in an even more prominent location.
Local residents are fed up with proposed turbines which have a severe impact on the
landscape - other industrial development would not be considered due to the impact on
the landscape.
Out of scale in landscape due to size and position and adverse impact on setting of
unspoilt landscape.
Visible for miles due to due to elevated position that dominates area.
Important to keep Knock Hill free from turbines and stop more skirting it due to Knock
Hill prominence on the landscape and the area being rich in ancient history.
Severe visual and noise impact would need cumulative assessment as may affect people's
sleep. Previous acoustic reports are dated.
Local communities adversely affected.
Comment (PO): The visual impact of the proposal is discussed in the observations section.
MOD's condition RE a red light to be situated on the turbine would be infrared therefore would
not be visible. The impact of the turbine upon the landscape is reflected in the recommendation
for refusal. Environmental Health were consulted and recommended approval of the application
subject to conditions which will limit noise and monitor it.
Highways
Roads that is intended to be used for delivery of the turbine is not suitable for HGVS - there are
road signs that state this, there are no suitable passing places, damage will occur to the roads, tax
payer will have to pay for repairs, road already in poor condition.
Comment (PO): The Transportation Manager and Transportation Scotland were consulted and
they both recommended approval of the proposal subject to conditions and informatives.
Policy
Application does not conform to Moray Structure Plan (2007) policy 2 - protection of the
countryside around towns including Keith.
Moray Local Plan 2008 states that development must be compatible with policies to
safeguard and enhance the natural environment.
Scottish Government needs to understand the anger that is felt by rural communities who
are subsiding landowners and developers for useless structures that contribute a tiny
fraction of energy needs, notwithstanding the requirement for fossil fuel power stations
to continue to operate as back up.
It is time the Scottish Government understood the anger that is being felt by rural
communities who are subsidising landowners and developers for useless structures that
contribute a tiny fraction of our energy needs, notwithstanding the requirement for fossil
fuel power stations to continue to operate as back up.
Comment (PO): The application is being recommended for refusal due to its failure to comply
with policy and guidance.
Other
It still has not been proved that human activity is contributing more CO2 emissions than
natural activity, whilst emerging countries are building fossil fuel power stations which
dwarf the hypothetical saving by turbines.
The entire policy is predicated on false statistics by the IPCC.
The NETA stated that last week Britain's 3500 turbines contributed 12 megawatts
compared to the 38000 megawatts we were using.
Property values reduced as homes will have view of the turbine.
Comments (PO): These are not material planning considerations.
Diversion of water courses and private water supply put at risk for public health, safety and
amenity from the amount of concrete and aggregate and earth movement. SEPA need to assess
proposal.
Comment (PO): SEPA are not required to be consulted with for this proposal.
Degrading area for recreation, tourism and wildlife which are valuable assets for small benefit to
community.
Migrating birds such as swallows, swifts, bats and many others will also be affected, resulting in
high mortality. Have the RSPB been consulted?
Comments (PO): This was taken into account and is addressed in the observations section. The
RSPB was consulted and they have no objection to the proposal.
Proposal situated above historic Edingight House.
Comment (PO): Historic Scotland was consulted and has no locus with the proposal.
CONSULTATIONS
Environmental Health - Approved subject to conditions relating to model of turbine, wind
speed and direction data collation, level of noise and shadow flicker.
Transportation Section - Approval subject to conditions and informatives relating to abnormal
load for delivery of turbine.
Contaminated Land Section - Approved with informative.
Planning Gain Unit - No contribution sought.
Transport Scotland - Approved subject to conditions relating to abnormal load for delivery of
turbine.
National Air Traffic Systems Limited - No safeguarding objection.
Ministry of Defence Safeguarding and Bylaws Section - No objection however conditions
relating to a light fitting to the turbine and that they are informed if planning permission is
granted are to be imposed.
Ofcom - Recommendation to consult with Atkins Ltd and Joint Radio (JRC)
Aberdeenshire Council - No response
Scottish and Southern Energy - No objection
Scottish Natural Heritage - No objection
RSPB - Does not anticipate that the proposal will have any significant impact on birds in the
local area.
Historic Scotland - No objection
Atkins - No objection
JRC Windfarms - No objection