Directorate for Planning and Environmental Appeals - Weebly · Directorate for Planning and Environmental Appeals ... Public Roads and Private Access Regimes and LP TRAN 5, ... Scottish

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Directorate for Planning and Environmental Appeals

Appeal Decision Notice

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F: 01324 696 444

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DECISION I allow the appeal and grant planning permission subject to the 33 conditions listed in Annex 2 at the end of the decision notice. Attention is drawn to the 4 guidance notes to be read in conjunction with conditions 26-30 and the 4 advisory notes following the guidance notes. REASONING 1. The determining issues in this case are whether the proposed turbines would face any insurmountable technical constraints or result in any unacceptable environmental impacts, including cumulative impacts. This assessment must be undertaken in the context of the development plan. It is also necessary to take into account any material considerations. Although the reasons for refusal relate to landscape and visual impacts, compensatory forestry planting, and access and traffic matters, third parties have raised a number of other issues. These issues are, for the most part, valid planning considerations and therefore it is appropriate to address these in addition to the reasons for refusal.

Decision by Richard Dent, a reporter appointed by the Scottish Ministers Planning appeal reference: PPA-130-2036 Site address: land east of Loch Freasdail and north of Loch Cruinn, Whitehouse by Tarbert, Argyll and Bute Appeal by RES UK and Ireland Ltd against the decision by Argyll and Bute Council Application for planning permission, reference 12/02150/PP, dated 1 October 2012

refused by notice dated 26 September 2013 The development proposed: 11 wind turbines up to a total of 22 megawatt installed

capacity with associated access track, infrastructure and ancillary development including a substation, permanent and temporary anemometer masts, temporary construction compounds and a network of underground cables

Application drawings: see Annex 1 Date of site visits by reporter: 25 February and 19 March 2014 Date of decision: 15 April 2014

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Technical considerations Traffic generation and access 2. The fifth reason for refusal indicates that the council finds it impossible to conclude the proposal accords with the requirements of local plan Policies LP TRAN 4, New and Existing Public Roads and Private Access Regimes and LP TRAN 5, Off-site Highway Improvements. 3. Subject to conditions, including agreement on the delivery route for the turbines, Transport Scotland has no objections. The council requested details of the site access from the A83 and this information was made available as a drawing in the Supplementary Environmental Information, July 2013. Subsequently, the council requested further information including the haul route within the site, a traffic management plan and a detailed method statement. The appellant believes that adequate information had been provided to assess the impact of the proposal and that any further traffic related matters could be dealt with through the imposition of conditions. 4. In view of previous difficulties encountered in respect of the delivery of turbines, the council explains that a precautionary approach had been adopted in the hope that any problems could be resolved prior to the issue of planning permission. However, the council now agrees the matter could be dealt with by conditions. 5. Whilst it would normally be expected that detailed site access arrangements would be agreed prior to the determination of the planning application, in my experience, the other matters identified by the council are not uncommonly the subject of conditions of planning permission. Indeed, this can be seen to be the case in certain of the appeal decisions that have been lodged as documents to support this appeal. 6. I therefore conclude that it would be appropriate to impose conditions to ensure the relevant level of control can be applied in terms of traffic generation and access. In respect of the access details, the council’s suggested condition 1 includes a requirement that the development is carried out in accordance with various drawings including drawing 02564D2230-01. This drawing – Detailed Site Entrance Layout – provides information on the access and, being included in a suggested condition, has been accepted by the council. 7. Suggested condition 7 requires the submission for approval of a construction and environmental management plan. This plan would encompass the matters set out in the environmental statement including all on-site construction works. A traffic management plan, containing a route access report, is required under the condition as part of the environmental management plan. I believe that a requirement to comply with drawing 02564D2230-01 and suggested condition 7 would impose the necessary level of control in terms of all matters related to traffic generation and site access. Subject to fulfilment of the conditions to the satisfaction of the council and compliance thereafter, traffic and site access requirements would not provide an insurmountable constraint. In turn, I conclude that the development could not be regarded as contrary to the provisions of local plan Policies LP TRAN 4 or LP TRAN 5.

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Noise 8. Noise levels were not part of the reasons for refusal but a number of third parties have expressed concern, particularly in respect of the effects of noise crossing water and noise at night. 9. In accordance with Scottish Government guidance, the acoustic effects of the proposal were assessed in terms of “The Assessment and Rating of Noise from Wind Farms” (ETSU-R-97). Noise levels were assessed at the closest residential properties against measured background noise levels with noise limits derived in line with ETSU-R-97. The operational noise levels at all properties are predicted to be within the derived noise limits at all considered wind speeds. The cumulative effects of turbines at Fraoch-Choile and Whiteside Burn were included in the assessment but the predicted levels remained within the limits. 10. The council has considered the noise impact assessment and has no objections subject to conditions regarding noise immission levels, noise complaints procedure, data recording, restriction of audible tones and construction hours and methods. 11. Whilst I recognise that some third parties are concerned about noise, it is clear that the assessment has been undertaken as required under Scottish Government guidance and accepted by the council. There is no evidence to support the claim that sound crossing water would cause a noise problem at properties on the opposite shore of West Loch Tarbert. In any event, should noise complaints arise, the suggested conditions, which are, in general, agreed by the appellant and the council, provide a basis for remedial procedure should this be required. 12. On the basis of the foregoing, there is no conflict with the development plan and noise levels would not give rise to an insurmountable technical constraint. Health and shadow flicker 13. Some general concerns have been expressed about health but no evidence has been provided to suggest a causal impact on health by the operation of the wind turbines. On behalf of Transport Scotland it has been calculated that the level of traffic generation would not result in any harmful levels of air pollution. No properties are within a distance of the proposed turbines that would give rise to shadow flicker. 14. I therefore conclude that the operation of the wind farm would not give rise to any unacceptable health or shadow flicker issues. Television and radio reception, telecommunications and aviation 15. No adverse consultation responses were received on these matters although the Ministry of Defence requires the installation of aviation lighting on the turbines. The council points out that the site is within an “intrinsically dark area” and therefore, if feasible, lighting should be used that would not be visible to the naked eye. In the event of the implementation of the project, it would be necessary to install lighting to the satisfaction of

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the Ministry of Defence and, at that time, it would be possible to consider the least intrusive lighting. 16. I conclude that appropriate conditions would ensure that there would be no technical impediments to the construction of the turbines in respect of television and radio reception and aviation safeguarding, Conclusions: technical considerations 17. Subject to the imposition of appropriate conditions, I conclude that no technical issues would arise to cause an insurmountable constraint rendering in the implementation of the proposal impossible. Environmental impacts Cultural and historic heritage 18. This is not a contentious matter. Historic Scotland, although believing that the environmental statement has possibly under-estimated some impacts, has not objected to any matters of statutory historic environment interest. I note, in particular, the importance of Dun Skeig, Duns and Fort and consider that the environmental statement makes a reasonable assessment of impact. Viewpoint 12 provides the relevant visualisation. 19. Subject to the imposition of a condition (the terms of which are generally agreed by the council and the appellant) requiring the submission and approval of a programme of archaeological works, I conclude that the project could be undertaken without an unacceptable impact on the cultural and historic environment. Natural heritage Otters and red squirrel 20. Scottish Natural Heritage (SNH) is generally content with the pre-construction surveys proposed in respect of otters and red squirrel. Additional advice has been provided to extend the area of the otter survey and the timing and potential action required for red squirrel and their dreys. Conditions agreed by the council in respect of the preparation and approval of a construction and environmental management plan along with the appointment of an independent ecological clerk of works should ensure a satisfactory approach to the mitigation of any impact on otters and red squirrel. Ornithology 21. Initially, SNH objected because of the potential for significant adverse impacts on Greenland white-fronted geese, a qualifying interest at the Kintyre Goose Roosts Special Protection Area (SPA). A similar objection applied in respect of the Kintyre Goose Lochs Site of Special Scientific Interest (SSSI). SNH required a second winter’s vantage point survey results in order to conduct a robust assessment.

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22. The appellant undertook additional survey work which was presented as supplementary environmental information. Having taken this information into account and carried out a further appraisal, SNH advised that the proposal would be likely to have a significant effect on the qualifying interests of the SPA. In turn, it would be necessary to undertake an appropriate assessment under the Conservation (Natural Habitats &c.) Regulations 1994. SNH further advised that, on the basis of the information provided and appraisals carried out to date, the proposal would not adversely affect the integrity of the SPA. Similarly, SNH was able to indicate that the proposal would not adversely affect the Kintyre Goose Lochs SSSI. 23. In respect of other bird interests within the countryside, SNH required the preparation of a management plan for the land to be cleared of trees. The plan should demonstrate how the area would become more attractive to hen harriers following the construction of the wind farm. 24. The council is satisfied that there are no ornithological reasons for refusing planning permission but there are objections from the RSBP and various third parties. In addition to concerns about impact on Greenland white-fronted geese and hen harriers, a detrimental effect on black grouse and red-throated divers is feared. RSBP believes that a condition requiring the deployment of rafts on Loch Lurach and Loch Cruinn would provide appropriate mitigation for red-throated divers. Hen harriers, says RSPB, should be monitored along with habitat management. Black grouse could also be encouraged though habitat management. 25. Insofar as ornithology is concerned I am satisfied that the impacts on the various species of concern to SNH are acceptable or capable of mitigation. The imposition of conditions would secure appropriate mitigation measures although, in the lack of comment by SNH, I am not persuaded that specific mitigation for black grouse and red-throated divers is required. 26. The advice provided by SNH permits the undertaking of an appropriate assessment of the impact on the qualifying interests of the Kintyre Goose Roosts Special Protection Area. That appropriate assessment leads me to conclude that the proposal would not affect the integrity of the SPA. Forestry 27. The fourth reason for refusal states the application fails to provide adequate information in respect of proposed site clearance and compensatory planting. This prevented the council from assessing whether the development meets Scottish Government requirements under the terms of the “Policy on the Control of Woodland Removal”. In turn, states the council, the proposal does not satisfy local plan Policy LP ENV 7, Development Impact on Trees/Woodland. 28. Following discussion with Forestry Commission Scotland (FCS), the appellant believes that national forest standards could be achieved and this could be confirmed in due course following the preparation of forest plans. The final requirement for compensatory planting would be defined once the detailed development proposals were known and the precise

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area of felling identified. This, states the appellant, would satisfy the Policy on the Control of Woodland Removal. 29. Some 200 hectares of land are available off-site for planting and along with the potential for planting pockets of woodland within the development site, it is anticipated by the appellant that adequate provision could be made for compensatory planting with no net reduction in woodland cover. 30. FCS confirmed that a report prepared by the appellant addressed the outstanding forestry issues and therefore there was no further objection to the proposal subject to a suspensive condition requiring details of a long-term forest plan and compensatory planting. The appellant accepts the imposition of a suspensive condition would be appropriate and the council has agreed having acknowledged that matters have been resolved to the satisfaction of FCS. The council has therefore suggested two detailed conditions although the appellant believes that a single, more straightforward condition would suffice. 31. I am satisfied that the issue of forestry planting, including compensatory planting, is capable of resolution by means of the imposition of a condition or conditions. I shall deal with the details below but, in the meantime, I conclude that the proposal would not lead to an unacceptable environmental impact in terms of loss of forest cover. Peat and related matters 32. Concern was expressed by the Scottish Environment Protection Agency (SEPA) about lack of information on various matters including peat management. Third parties have raised the issue of the potential for carbon release as a result of peat excavation. 33. On the basis of the provision of additional information, SEPA was ultimately satisfied that matters relating to wetland disturbance and peat management could be addressed subject to appropriate conditions including the preparation of a peat management plan for approval. 34. I have no evidence to indicate that the project would lead to a net increase in carbon emissions and consider that conditions would be capable of securing adequate control over peat management and other related matters involving site drainage and potential pollution. I shall consider the suggested conditions below but I am able to conclude that there would not be an unacceptable impact as a consequence of peat excavation and other site works. Landscape character impact 35. No formal landscape designations apply to the site. The southern part of the Knapdale peninsular is designated as an Area of Panoramic Quality as is the western coastal strip of Kintyre from the Clachan area southwards. The northern part of the Isle of Arran is a designated Area of Great Landscape Value and a National Scenic Area. This latter designation also includes inshore waters. Visual impact is considered below but, in landscape character terms, I conclude the distance of the proposed turbines from the various designated areas would ensure that any impact would be minimal.

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36. The proposed site lies within a landscape character area known as Upland Forest-Moor Mosaic (UF-MM). This particular area of UF-MM extends over much of the Kintyre peninsular. Adjacent to West Loch Tarbert, there is a band of Rocky Mosaic landscape character area, broader in the vicinity of Whitehouse where it extends a short distance up the glen followed by the B8001. A narrow band of Rocky Mosaic landscape character area follows the coast adjacent to the Kilbrannan Sound. There is a small area of Hidden Glens landscape character type on the coast near Skipness and an area of Coastal Plain landscape character type on the Kintyre coast opposite the Isle of Gigha. 37. The UF-MM is described in the Argyll and Bute Landscape Wind Energy Capacity Study as comprising broad areas of undulating upland plateau. For the most part, states the study, the landscape could accommodate large scale wind farm development although the more complex smaller scale hills and occasional narrow settled glens on the fringes of the plateau are more sensitive. I accept the appeal site could be regarded as being in a fringe area with some smaller scale hills and the glen through which the B8001 passes being settled, albeit quite sparsely. Overall, the landscape sensitivity is defined as medium although, in my opinion, the vicinity of the appeal site is at the upper end of the medium category. 38. SNH states that the proposal would impinge on a wide range of different landscapes and would have a disproportionate adverse effect on character. Cumulatively, SNH believes the proposal would have strategic adverse impacts on landscape character. Existing wind farm development is a key characteristic of the UF-MM type states SNH but the proposal would be at the northern end of the peninsular, away from the existing focus. The large turbines would therefore be located in a more sensitive part of the peninsular and also impact on smaller scale landscapes in close proximity. 39. The first reason for refusal reflects the opinion of SNH and states that the proposal would dominate the scale of the landscape to the detriment to the smaller scale landscapes, including the settled and farmed landscapes and the coastal edge, all of which would be sensitive to the intrusion of development of the scale proposed. It is stated that the influence would extend to the sensitive seascapes of West Loch Tarbert, and Kilbrannan Sound. 40. As explained, the UF-MM landscape character type extends over much of the Kintyre peninsular from the coast south-east of Tarbert to the vicinity of Campbelltown. Wind farms that have been constructed inevitably have an impact on landscape character. However, the landscape character area is large and in my opinion, these existing wind farms have little impact on the wider character. The construction of 11 large turbines at Freasdail would clearly have a further impact on landscape character as is the case with any development of this type. Despite the level of wind farm development on the peninsular, I consider that the proposal could be absorbed into the wider UF-MM landscape character type without overall detriment. The very scale of the area and the medium level of sensitivity, albeit at the higher end of medium, lead me to this conclusion. 41. I recognise that the appeal site lies on the fringe of the landscape character area where the hills are falling towards to coastline of West Loch Tarbert. The scale of the landscape is not as expansive as the higher parts of the landscape character type but, nevertheless, the

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site can be seen to be upland and is not part of the Rocky Mosaic along the coast, even although this type extends inland near Whitehouse. 42. Any wind farm inevitably becomes a dominant landscape characteristic, particularly within and close to the site itself. Clearly this constitutes a significant impact on existing landscape character. However, even regarding the sensitivity of the landscape as being at the upper level of medium, I do not believe that the impact would extend significantly and detract from the wider landscape, the character of which, overall, would be retained. 43. Although SNH has expressed concern that the wind farm would impact on smaller scale landscapes in close proximity, a detailed analysis has not been provided. The nearest landscape character type is the Rocky Mosaic along the coast. There is a degree of separation both vertically and horizontally between the boundary of this landscape type and the turbines. Whilst the wind farm might have a degree of impact on the Rocky Mosaic type, especially where it broadens inland near Whitehouse, I do not consider that there would be a significant adverse effect. In my opinion, the essential Rocky Mosaic landscape character type would be retained unharmed. 44. Other landscape character types in the general area – the Coastal Plain and the Hidden Glens would experience no significant impact due to the distance from the wind farm and the topographical disposition of the intervening landform. Similarly, more distant landscape character types, particularly on the Isle of Arran and across West Loch Tarbert would also experience no significant impact. 45. All-in-all, I conclude that the only significant impact on landscape character would be experienced in the Upper Forest-Moor Mosaic landscape character type. The level of impact would be acceptable both in respect of the impact of the wind farm itself and in cumulative terms. Visual impact 46. Visual impact in is a central concern of many. The general location of the proposed wind farm on the Kintyre Peninsular and its relationship with areas designated for landscape value is widely considered to be unacceptable. More specific adverse visual impacts on residential amenity and tourism are also raised as issues. The first three reasons for refusal set out the council’s views on visual impact, the third reason relating to cumulative impact. SNH, although not explicitly objecting to the proposal, has expressed severe concerns in respect of visual impact. The site layout is the subject of particular criticism by SNH. Site layout 47. SNH believes that wind farms in a particular vicinity should achieve consistency of design objectives. Ideally, I agree with this objective but consider that individual site characteristics may well make such an objective difficult, if not impossible, to achieve. In any event, the Freasdail development would have no visual relationship with any existing wind farm and therefore, in practice, consistency of design is not a valid concern. Chapter 3 of the environmental statement describes the basis of the design and it is clear that

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considerable thought has been directed towards the development taking into account landscape and visual impact along with site constraints. Nevertheless, SNH considers that the grouping of the turbines would lead to a visually confusing and incoherent appearance. Viewpoint 2 illustrates this concern says SNH. 48. Most wind farms with numerous turbines, such as proposed at Freasdail, cover extensive areas of ground on sites which are often upland and seldom level. In these circumstances it may often be very difficult to provide a layout where the development appears as a compact cluster from all points of view. In this case, I believe a reasonable attempt has been made to provide a development which relates to the site topography. Viewpoint 2 is due east of the site and so reflects the three generally east-west lines of turbines proposed. In my opinion this is neither confusing nor incoherent. In any event, this configuration would not be apparent from other viewpoints. 49. Overall, I consider the design layout to be acceptable and, in itself, it would not create a visually substandard development. Scenic considerations 50. The first reason for refusal compares the location of the proposed wind farm at Freasdail with established developments on the Kintyre peninsular. The existing wind farms are said to benefit from inland, upland spine locations and consequently, it is claimed, they have comparatively little influence on the more sensitive coastal landscapes. SNH points out that the proposal is sited on the more sensitive hills on the edge of the uplands. The site is at the northern end of the central spine of hills to which SNH attributes increased sensitivity because of the way in which the combination of landscapes and seascapes in the area are experienced. This location is said to be pivotal with views from all directions including the settled coast and hills of Kintyre and Knapdale, the sensitive seascapes of West Loch Tarbert and Kilbrannan Sound, the islands of Arran and Gigha as well as more distant coastlines and seascapes. 51. The reason for refusal reflects the opinion of SNH stating that the proposal is not in accordance with the Argyll and Bute Landscape Wind Energy Capacity Study, 2012 as the site is not set well back into the interior. Reference is made to the implications for parts of South Knapdale which is designated as an Area of Panoramic Quality. Short range views from the B8001, views from the A83 when travelling north and the Kennacraig ferry terminal are further examples of adverse visual impacts to which reference is made. The reason for refusal further contends that the proposal would be regarded as separate from the existing focus of wind energy development on Kintyre and would therefore exert a disproportionate influence in terms of simultaneous and sequential views. 52. The second reason for refusal is also concerned with the visual impact of the turbines on roads, ferry routes, footpaths and parts of South Knapdale. 53. The appellant accepts that the proposal would inevitably have a degree of visibility although believes the extent of the impact would be limited. However, the council’s general approach concerns the appellant in respect of the comparison with other wind farms and

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the reference to a “disproportionate” impact. As agreed by the council, the appellant believes the Freasdail scheme should be judged on its own merits. 54. I have noted the arguments in respect of the established wind farms on the Kintyre peninsular and accept, in general terms, although visible, these developments do not have particularly significant visual impacts from the eastern and western coastal strips. However, these existing wind farms have been approved and I do not believe they require to be, or should be, assessed as part of these appeal proceedings other than in terms of cumulative impact. As argued by the appellant, the Freasdial proposal must be considered on its own merits. 55. It is apparent that visual impact in the proximity of the wind farm would be significant. The B8001 crosses the peninsular from north-west to south-east along the northern slopes of a small glen. The wind farm would lie on the low hills to the south of the glen and would be highly visible to those travelling on the B8001 although the nearest turbine to the road would be at a distance of about 1.7 km. This is illustrated in viewpoint 2 and the additional viewpoint further north on the B8001. My own impression having visited this location is that the impact would be more than suggested in the photomontages although not greatly so. 56. Motorists are regarded as being of medium category receptors as progress along roads results in transitory views often over a relatively short period. Despite the higher impact than suggested in the environmental statement, I consider that, because of the distance of the turbines from the road, the visual effect would not be unacceptable. Travelling to the north-west, the turbines would not be included in any significant panoramic views which included coastal and seascape aspects. Travelling to the south-east, the mountains of Arran are visible but would not be obscured by the turbines. 57. The turbines would also be visible to motorists travelling both northwards and southwards on the A83. Approaching from the south, the wind farm would first be visible in the vicinity of Clachan (viewpoint 10) some 7 km from the nearest turbine. At this point I do not consider that there would be a significant visual impact. There would be further views of the wind farm north of Clachan but, although closer, these views would be partial and not sustained over long distances. From the north, the turbines would be visible from a short distance to the north of Whitehouse. However, although on the skyline, the wind farm would be set back some 3 km and partly obscured by the landform in the foreground. I do not consider that the visual impact would be unacceptable in these views. 58. An additional viewpoint was prepared providing a photomontage from Kennacraig Pier. The turbines would remain visible but again I am of the opinion that distance and topography would reduce the impact to an acceptable level. 59. The long distance footpath, the Kintyre Way, passes approximately 1.5 km to the south of the proposed wind farm. The environmental statement points out that views of the wind farm would be restricted to a small number of elevated locations beyond the extensive forested areas north of Carradale. Viewpoint 6 provides a photomontage from the Kintyre Way near Cnoc Cregan. It is clear that the development would have an impact on those using the footpath. However, taking into account the 142 km length of the footpath and the

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relatively transient nature of the impact on walkers, I do not think that, in visual terms, the effect would be unacceptable. 60. Much concern has been expressed about the level of visual impact on the opposite, Knapdale, shore of West Loch Tarbert especially in the vicinity of Dunmore. Between the head of the loch and Dunmore, many views to the Kintyre shore are obscured by woodland. Beyond Dunmore, Knapdale is designated as an Area of Panoramic Quality. Although I acknowledge the basis of the designation, the views across the loch are not unrestricted. However, there are some open views at points virtually opposite the proposed wind farm, an example of which is viewpoint 16, entitled B8024, Dunmore, although I appreciate that, more accurately, the location is Achaglachgach House, about one kilometre to the north. 61. I have compared the photomontage with my observations on the site itself and believe that the environmental statement illustration underplays the visual impact of the turbines. Nevertheless, although the turbines would be a new element in the views across West Loch Tarbert, at that distance the development would not detract from the wider vistas to the extent that refusal is justified. Travelling south-west from Dunmore into the designated Area of Panoramic Quality the wind farm would fall away to the rear. 62. Those travelling in the opposite direction, towards Tarbert would have forward-looking views of the wind farm as shown in viewpoint 15 although the distance to the turbines from this viewpoint is over 10 km. Again I acknowledge that the wind farm would be a new feature in the landscape. However, notwithstanding the justified importance attached to the quality of the landscape in this vicinity, I believe that the panoramic nature of many of the views would lead to the visual impact of the wind farm being absorbed into the wider vista. The wind farm would not be invisible or pass un-noticed but the level of impact would not be at a level to warrant refusal. Travelling east from the Knapdale peninsular, the turbines would become closer but I do not believe that the visual impact would increase to an unacceptable level. As I have indicated, at Achaglachgach House, beyond the Area of Panoramic Quality and at the closest point to the wind farm before the turbines fall behind the traveller, there would be no justification for refusing permission. 63. The environmental statement provides illustrations of the zones of theoretical visibility (ZTV) and it is apparent that the wind farm at Freasdail would be capable of being seen over wide distances, especially to the east and west of the site. However, in practice, as the environmental statement explains, the screening effects of vegetation, buildings and other surface features would reduce the degree of visibility. In any event, extensive areas of theoretical visibility are at distances beyond those locations analysed above. As a result, the visual impact is very much reduced as the more distant viewpoints in the environmental statement clearly illustrate. In particular, I do not consider that the proposal would have a significant visual impact on the Area of Great Landscape Value which covers the north of the Isle of Arran. Similarly, the National Scenic Area which extends across the north of the island and includes the coastal waters would not suffer unacceptable visual impact. I have no reason to believe that the proposal would lead to any adverse impact on the Wild Land Search Area designated in the Arran mountains. 64. In cumulative terms, the council explains that the proposal would result in a disproportionate effect insofar as the site would influence a wider range of receptors than

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those existing wind farms. I do not consider this approach to be an assessment of cumulative impact but more of a comparison between the proposal and other existing sites. As the appellant has said, it is necessary to assess the merits of the current proposal. Indeed, this is the approach I have taken in my analysis of the potential for technical constraints and the environmental impacts of the proposed Freasdail development. 65. It is, of course, necessary to also undertake a cumulative impact assessment of the proposal, particularly in respect of landscape character and visual considerations. Insofar as landscape character is concerned, the wind farms on the Kintyre peninsular are constructed within the Upland Forest-Moor Mosaic (UF-MM) landscape character type. Each individual wind farm has an inevitable local impact but this is an extensive landscape character type which I consider to be robust in terms of both form and scale. I do not think that, cumulatively, the proposed wind farm, when assessed with the existing developments, would significantly detract from the wider UF-MM landscape character type. 66. I note the concerns of both the council and SNH in respect of visual impact but I have assessed the impact of the Freasdail development and found it to be acceptable. For the most part, the proposed development would not be viewed in conjunction with any existing wind farms. It would only be seen in conjunction with other developments in long-range views when the visual impact would be very limited. I do not consider that such views would constitute an unacceptable cumulative visual impact. 67. I appreciate that there are several existing wind farms on the Kintyre peninsular along with turbines on the Isle of Gigha, and that more are possible. However, I do not believe that the scale of wind farm development is such that those travelling the length of the peninsular along either the eastern or western coastal routes would consider that turbine arrays dominate the views. Accordingly, in terms of consecutive cumulative visual impact, I consider the proposal to be acceptable. 68. All in all, I conclude that the proposal would not lead to an unacceptable impact in landscape character or visual scenic respects in itself or cumulatively. Residential amenity 69. I have previously concluded that no residential properties would be subject to unacceptable noise levels. It is also necessary to consider whether the proposed wind farm would lead to unacceptable visual impacts from houses. In this respect I have noted that SNH and several third parties have indicated that turbines should not be constructed within 2 km of residential property. The appellant has drawn attention to the terms of Scottish Planning Policy and I agree that there is no specific guidance on the distance from individual properties. 70. The closest property to the proposed site is Grassfield Farm, some 1.5 km distant where, explains the appellant, topography, forestry and orientation would mitigate any impact. I accept this to be the case. 71. Redesdale House and Lonlia are approximately 1.8 km to the north-east of the nearest proposed turbines whilst Spion Kop is some 2.1 km distant. Redesdale House has an

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important outlook south and south-west from the sitting room towards the wind farm site. Although some trees ensure that the view is not clear and unbroken, the turbines of the Freasdail wind farm would be prominent. Spion Kop is in a more elevated position and has views across the glen to the site. These properties would experience the most significant visual impacts from the wind farm. 72. Although it is a function of the planning process to protect residential amenity in the face of untoward development proposals, the preservation of views from residential property is not part of that process. In this case, I recognise that these houses would experience significant changes to the view following the construction and operation of the turbines. Indeed, the eleven turbines would occupy the south-western sector of the aspect although the nearest structure would be at least 1.8 km distant. 73. In assessing the degree of impact I have taken account of the content of additional viewpoint 2 and my visits to the properties in question. However, even if viewpoint 2 might be thought to underplay the situation, I do not believe that residential amenity would be reduced to the extent that living in the vicinity would be intolerable. In turn I conclude that the impact on these residential properties is not such that would justify withholding permission. 74. I am aware that two potential plots for houses lie within the application site but understand that all the ground, including the appeal site, is within a single ownership. No other properties have been brought to my attention that would experience a level of visual impact similar to those properties discussed above. On this basis, it could not be said that the local community, as a whole, would suffer significantly detrimental residential impacts. I therefore conclude that the proposed wind farm would not lead to an unacceptable visual impact on residential property. Tourism 75. The council states that it is impossible to be conclusive about the extent to which the impact of wind farms might affect tourism and therefore could not warrant a specific reason for refusal. However, says the council, the turbines impinge on important views, the landscape and scenic qualities. Where these are valued recreational and tourist resources, wind farm development would not be in the interests of the tourism economy. 76. Third parties have objected to the proposal on the basis that the wind farm could deter visitors and the local economy would suffer. Businesses, many of which are marginal, would suffer. Particular reference has been made to holiday accommodation in the Dunmore vicinity. It is feared that significant recent investment would be wasted as tourists would not return should the wind farm be constructed. 77. Over the years various surveys have been undertaken in an attempt to assess the impact of wind farms on tourism. The appellant has lodged the Moffat Report which was published in 2008. In my opinion, earlier surveys may well not be helpful as they were carried out at a time when wind farm developments were far fewer than is currently the case. More recent surveys do not appear to provide clear guidance or conclusions on the impact on tourism and, as indicated in the environmental statement, attitude towards wind farms is subjective and very much the personal opinion of the individual.

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78. In recent years wind farms have become a familiar sight in various parts of Scotland and, in general, it is unlikely that views of turbines would be unexpected by tourists. It is understandable that tourists would be concerned if wind farms were located in designated landscapes or in areas where landscape impact was significantly adverse. In such circumstances, it would not be unreasonable to anticipate that some tourists would not be likely to return. 79. In the case of the Freasdail wind farm, which is not within an area designated for its landscape quality, my assessment of the visual impact has led to the conclusion that the proposal is acceptable. This assessment has looked particularly at the impact on the B8001, the A83 and opposite (north-west) shore of West Loch Tarbert, including holiday accommodation at the waterside. I agree with the council, and conclude that the potential impact on tourism could not be regarded as the basis for refusing permission. I have previously taken account of the impact of the proposal on the Kintyre Way and also note the council’s references to National Cycle Route 78 and a number of historic and recreational locations. In no instance is there any substantive evidence to suggest that the proposal would be significantly adverse to the extent of warranting refusal. Conclusion: environmental impacts 80. Subject to the imposition of appropriate conditions to ensure mitigation where necessary, I conclude that no environment impacts would arise to justify the refusal of planning permission. Provisions of the development plan 81. As indicated at the outset, the assessment of technical constraints and environmental impacts requires to be set in the context of the provisions of the development plan. 82. The policies of the structure plan and local plan relied on by the council are contained in the various reasons for refusal. I have dealt with those relating to traffic and forestry matters. However, before turning to the remaining policies, it is worthwhile to note the terms of structure plan Recommendation REC SI 4, Renewable Energy Investment. As pointed out by the appellant, the pursuit of renewable energy investment opportunities, including wind-power potential in the west of Argyll and Bute, is recommended. The Key Diagram (diagram 2) shows the Kintyre peninsular to be part of the area of renewable energy focus in terms of REC SI 4. 83. This recommendation is reflected in Policy STRAT RE 1, Wind Farm/Wind Turbine Development, which encourages renewable energy development. This support is not without qualifications and section A requires development to be consistent with development management policies regarding nature conservation, landscape and the historic environment (Policies STRAT DC7, DC8 and DC9). In terms of my assessment of the environmental impacts of the proposal I am satisfied that the requirements of these policies are met. Similarly, also as specified in Policy STRAT RE 1, I have concluded that there is no adverse effect on local communities or telecommunications. Any impact on transmitting or receiving systems is capable of resolution through imposition of a condition.

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84. Policy STRAT RE 1 also refers in section B to broad areas of search and sensitive areas or sites where development would only be considered in exceptional circumstances. These are matters to be dealt with in the local plan. I shall therefore return to this point but I am able to conclude that the proposal complies with section A of the policy. 85. Policy STRAT SI 1, Sustainable Development, sets out the principles to be applied to all development proposals in order to achieve sustainability. In this respect, several third parties have questioned the basis of wind-generated electricity, particularly the technical and economic aspects. However, as will be demonstrated below, wind resource is crucial to the renewable energy policy of the Scottish Government, the merits of which I have no mandate to debate as part of these appeal proceedings. On the face of the matter, the proposed wind farm is a development which accords with the sustainable approach to structure plan objectives. In general terms, therefore, the proposal is in the spirit of Policy STRAT SI 1. More specifically, I do not consider the proposal has been shown to be in conflict with the eleven principles set out in the policy to which any development must adhere. In particular, as explained under Policy STRAT RE 1, my assessment of environmental impacts has not shown the proposal to be unacceptable. 86. Policy STRAT DC 5 and Policy STRAT DC 6 deal respectively with Development in Sensitive Countryside and Development in Very Sensitive Countryside. The boundary defining sensitive countryside and very sensitive countryside passes through the wind farm site. Most of the turbines lie within the area of very sensitive countryside although turbines T1 and T9 are close to the boundary within sensitive countryside. Only specific forms of development will be permitted on well-chosen sites in very sensitive countryside. This includes renewable energy related development subject to support by Policies STRAT RE 1 (relevant in this case) or STRAT RE 2. Insofar as I have not identified any unacceptably adverse environmental impacts or technical constraints, I regard the site as well chosen. I have also found that the site is acceptable under Policy STRAT RE 1. In turn, this leads me to conclude that the nine turbines in very sensitive countryside have policy support. 87. Renewable energy development is not referred to in the policy dealing with sensitive countryside. However, large-scale developments may be permitted under certain circumstances. Noting, therefore, that there is not a total embargo on large-scale developments, I am prepared to accept the appellant’s argument that as the two turbines in the area of sensitive countryside are virtually adjacent to the very sensitive countryside designation, no landscape or visual issues arise. The wind farm would be seen in its totality and, even if in breach of Policy STRAT DC 5, in practical terms, refusal of turbines T1 and T9 would not be justified. 88. Local Plan Policy LP REN 1, Wind Farms and Wind Turbines, supports wind farm developments subject to various criteria. My assessment of the proposal leads me to conclude that the Freasdail development would be acceptable in terms of those matters identified in the first paragraph of the policy and the items listed under section (A). Section (B) refers to the wind farm policy maps, the need for which was raised in structure plan Policy STRAT RE 1(B). As pointed out by the appellant, the broad area of search identified in the wind farm policy map relates to a very small part of the Kintyre peninsular. For the most part, the peninsular, including the appeal site, is designated as a potentially

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constrained area. The local plan indicates that proposals in such areas will be considered on merit taking into account the criteria included in the policy and areas designated for natural heritage purposes. Once more, insofar as my assessment has found the proposal acceptable in these respects, I conclude the development would comply with Policy LP REN 1. In reaching this conclusion I have noted that the site has not been identified as a sensitive area or site in terms of Policy STRAT RE 1(B). 89. Local Plan Policy LP ENV 9 requires there to be no significant adverse effects on a National Scenic Area. In this case, the Blade Tip ZTV (environmental statement Figure 6.4) indicates that the only National Scenic Area having views of the turbines would be that covering the northern part of the Isle of Arran and the adjacent coastal waters. I am satisfied that viewpoints 4, 5, 7 and 8 show that the proposed wind farm would have no significant adverse impact. Although I have not viewed the site from Arran or from the sea, my views of Arran from the east coast of Kintyre lead me to believe that the distance between the wind farm and the National Scenic Area is such as to reduce any visual impact to a level which would not be significant. Indeed, I note the council did not consider it essential that the site should be viewed from Arran or from the sea. I therefore conclude the proposal does not offend Policy LP ENV 9. 90. Local Plan Policy LP ENV 10, Development Impact on Areas of Panoramic Quality (APQ), states that development in or adjacent to such areas will be resisted where there would be a significant adverse impact on the character of the landscape. No APQ could be said to be adjacent to the appeal site. However, for the purposes of this appeal, I recognise that part of the Knapdale coast, on the opposite shore of West Loch Tarbert, and the west coast of the peninsular southwards from a point west of the appeal site, are designated APQs. 91. I have previously assessed the impact on the Knapdale coast and concluded that there would be no significant visual impact. Similarly, I conclude there would be no significant impact on the APQ. As argued by the appellant, there would be negligible visual impact on the west Kintyre coast APQ. Accordingly, I conclude that the development would not be contrary to Policy LP ENV 10. Conclusion: provisions of the development plan 92. All-in-all, I conclude that, on the basis of my assessment, the proposal conforms to the provisions of the development plan. This points to the granting of planning permission. Material considerations 93. As a consequence of the foregoing conclusion it is necessary to consider whether any material considerations would suggest that planning permission should be refused. National energy policy 94. The position of the Scottish Government is very clear in respect of the generation of energy from renewable sources: a target of generating 100% equivalent of national electricity consumption by 2020 with an interim target of 50% by 2015. It is recognised that

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onshore wind power will continue to be an important element in achieving this target. The installed capacity of the proposal would be up to 22 megawatts. This would provide a significant contribution to the renewable energy target and it is clear that, in principle, the scheme is in accordance with the Scottish Government energy policy. Scottish Planning Policy 95. The Scottish Government does not provide unqualified support for renewable energy projects. Scottish Planning Policy (SPP) requires planning authorities to support the development of wind farms in locations where the technology can operate efficiently and environmental and cumulative impacts can be satisfactorily addressed. A range of criteria is provided as being the likely considerations when an application is decided. I believe in this instance that I have assessed the proposed wind farm in respect of the appropriate technical, environmental and cumulative considerations and that the development merits the general support that SPP provides. The Argyll and Bute Proposed Local Development Plan 96. The local development plan is proceeding through the statutory preparation process and is about to be the subject of formal examination. In the new plan, the appeal site lies within a defined broad area of search, albeit at the periphery, for wind farm locations where turbine tip heights would be over 80 metres. I understand that matters relating to wind power generation will be issues for examination but, at this stage, the local development plan indicates the council’s opinion that the broad area of search shown in the adopted local plan should be significantly extended. The local development plan is a material consideration but it is of limited weight as its final form is not known. However, at this stage, it is clear that the document does not provide a constraint to the principle of the development of the appeal site. 97. In reaching this conclusion I have also taken account of the Supplementary Guidance published alongside the proposed local development plan. In particular, I have noted the terms of SG LDP REN 1 setting out the basis for supporting wind farm developments and the assessment criteria. Reference is also made to the wind farm policy map with confirmation that within broad areas of search, proposals will generally be supported subject to the satisfactory assessment of all other material considerations. Again, I do not believe the provisions of the guidance suggest any reasons for the refusal of the proposal. The Argyll and Bute Wind Energy Capacity Study, 2012 98. The council explains that the study is not formal supplementary guidance and therefore does not carry the same weight as policy. Nevertheless, the first reason for refusal states the proposed wind farm would not accord with the study insofar as the turbines would intrude significantly on the setting and views of the adjacent settled Rocky Mosaic and Hidden Glen landscape character types. My assessment of the landscape character impact of the development does not support this claim. 99. The appellant points out that the study is the most comprehensive assessment yet carried out in respect of wind energy capacity in Argyll and Bute. Attention is drawn to the

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particular requirement for development to avoid intrusion on views from the B8001 to the mountains of Arran. The appellant states that no such intrusion would occur. The wind farm would be an oblique feature in any views of the Arran mountains from the B8001. This oblique view would last over a relatively short distance and I accept the construction of the wind farm would not intrude on the valued views. 100. I regard the study to be an important and relatively recent document that has considered landscape character in the context for wind energy development. However, no matter the weight to be given to the study, I conclude that the proposal would not conflict with its terms in respect of impact on neighbouring landscape character types and views to Arran. Guidance on Siting and Design of Wind Farms in the Landscape, SNH, 2009 101. The first three reasons for refusal draw attention to this document and maintain that the proposal would not be in accordance with the guidance. SNH has set out concerns in respect of the guidance on the scale of the proposal, siting and design and the proximity of settlement. I have considered the terms of the guidance but, having examined these matters as part of my assessment, I am unable to agree with the SNH opinion in this instance. Other appeal decisions 102. The individual circumstances of appeals often make any meaningful comparison difficult. For instance, the appeal site near Southend, Kintyre was within a designated Area of Panoramic Quality. The reporter also took into account “… the collective impact on … so many houses nearby…”. These matters are in contrast with the current appeal. 103. I have also noted the appeal decision notice in respect of the proposed single turbine on land north-east of Redesdale House along with the current appellant’s comments on that matter. It is clear that the reporter dealing with that appeal placed emphasis on landscape character impact, and visual impact in respect of local residents and visitors, including tourists. In my analysis of the current appeal proposals, I have had regard to these issues but, at the end of the day, my conclusions did not lead me to conclude the Freasdail wind farm would be unacceptable. Conclusion: material considerations 104. Overall, there are no material considerations that lead me to believe that planning permission should be refused despite my conclusions in respect of the provisions of the development plan. Other matters 105. Third parties have raised a number of concerns including impacts on property values the ability to sell houses, and a possible consequential effect on the local building industry. These are not determining issues from a planning point of view.

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106. It has been suggested that there should be a moratorium on any further wind energy development until matters relating to grid connection have been resolved. I have no evidence to indicate any problems in this respect but, in any event, this is a matter dealt with under separate procedure. 107. The appellant has also explained that it is intended to establish a fund for community benefit although it is recognised that this is not, in itself, a material consideration. Conditions 108. This permission is subject to 33 conditions which are generally as suggested by the appellant and the council. I have adjusted some of the conditions and taken account of Circular 4/1998, The Use of Conditions in Planning Permissions.

Condition 3 has been adjusted to reduce the time period to 6 months, considered to be a suitable maximum period for failure of supply. There is provision for extending this period subject to the approval of the planning authority;

Condition 6 has been adjusted to confirm the maximum turbine height. The compromise for micro-siting distances suggested by the appellant is acceptable subject also to the requirements of Condition 11;

Condition 11 has been adjusted to generally reflect the suggestions of the appellant by providing additional clarification on detailed matters;

Condition 12 has been included to make specific reference to the interests of hen harriers and has been adjusted to reflect the suggestions of the appellant;

Condition 16 suggested by the council is opposed by the appellant. No reason for the condition has been provided but the condition has been retained to ensure that the planning authority is aware of the details of the turbine selected;

Condition 21 suggested by the council has been adjusted to include a reference to radio;

Conditions 15 and 16 suggested by the appellant have been included (as condition 22) to ensure there is a clear reference to the need for approved aviation lighting. A reference to “an intrinsically dark area” has been included;

Condition 22a suggested by the appellant has been combined with condition 22 and a reference to “an intrinsically dark area” added;

It is accepted that the adjusted version of suggested council condition 23 (suggested by the appellant as condition 17) would provide adequate provision for development management in respect of forestry, including a long-term forest plan and compensatory planting. Similarly, condition 24 suggested by the council is not required;

Condition 32 suggested by the council has been imposed. Although the matter of lighting is addressed in the environmental statement, the condition provides more potential for development management in an “intrinsically dark area”;

As argued by the appellant, the requirement of suggested council conditions 32 and 33 are clearly set out in the approved drawings. Suggested condition 35 is covered in condition 7c but would also be the subject of consideration in an application under section 56 of the Roads (Scotland) Act 1984;

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Suggested council conditions 36 and 37 are covered in condition 7a and do not require to be repeated.

CONCLUSION 109. I conclude that the proposal accords with the provisions of the development plan and, having taken account of material considerations, planning permission should be granted. In reaching this conclusion I have undertaken an appropriate assessment of the Kintyre Goose Roosts Special Protection Area and, taking account of the advice offered by SNH, I conclude that impact of the proposal would not affect the integrity of the SPA.

Richard Dent Reporter

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ANNEX 1 DOCUMENTS and DRAWINGS Freasdail Wind Farm Environmental Statement, September, 2012 Supplementary Environmental Information, July, 2013 Context Plan, 02564D2229-02 Location Plan, 02564D2508-01 Detail Plan, 02564D2230-01 Wind Turbine Elevation, 02564D2223-03 Wind Turbine Foundation, 02564D2303-01 Crane Hardstanding General Arrangement, 01608D2312-01 Typical Masts – Perm, Temp and Comms, 02564D2304-02 Typical Access Track Design, 02564D2227-01 Typical Drainage Details, 02564D2309-01 Typical Watercourse Crossing, 02564D2310-01 Site Access, Figure 4.12, 02564D2403-03 Typical Construction Compound layout, 02654D2306-02 Typical Enabling Works Compound/Car Park, 02654D2226-01 Substation Building and Compound Elevations, 02564D2305-01 Substation Building and Compound Plan, 02564D2307-01

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ANNEX 2 CONDITIONS 1. The development shall be undertaken in accordance with the application dated 1 October 2012, the Environmental Statement, September 2012, the Supplementary Environmental Information, June 2013, and drawings listed in Annex 1, unless otherwise agreed in writing with the planning authority and except insofar as amended by the terms of this permission. Reason: to ensure the development is carried out in accordance with the application documentation. Timing and Operation 2. The permission shall endure for a period of 25 years from the “First Export Date” being the date when electricity is first exported from all the wind turbines to the electricity grid network. Written confirmation of the First Export Date shall be provided to the planning authority no later than one calendar month after that event. Reason: to define the duration of the consent. 3. If any turbine fails to supply electricity to the grid for a continuous period of 6 months, then unless otherwise approved in writing by the planning authority, a scheme for the removal of the wind turbine should be submitted in writing for the approval of the planning authority. The scheme should be implemented as approved. Reason: to ensure that any redundant wind turbine is removed from site, in the interests of safety, amenity and environmental protection. Decommissioning 4. Not later than 12 months before the end of this permission, a decommissioning and site restoration method statement shall be submitted for the written approval of the planning authority, such scheme to include the removal of above-ground elements of the development (save for access tracks which may be left in situ with the approval of the planning authority), the management and timing of any works, environmental management provisions, including aftercare, and a traffic management plan to address any traffic impact issues during the decommissioning period. Reason: to ensure the decommissioning and removal of the development in an appropriate and environmentally acceptable manner and the restoration of the site, in the interests of safety, amenity and environmental protection. 5. No work shall start on the site in implementation of this permission until details of the financial provisions to be put in place to cover the full cost of decommissioning and site restoration have been submitted to, and approved in writing by the planning authority; documentary evidence has been provided that these provisions are in place and the

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planning authority has confirmed that these arrangements are satisfactory. Thereafter, the provisions must be kept in place until required to complete site decommissioning, restoration and aftercare in accordance with condition 4. Reason: to guarantee funding for site restoration on the cessation of the wind farm operation. Turbine dimensions and micro-siting 6. The overall height of the wind turbines shall not exceed 100 metres to tip of the blades when the turbine is in the vertical position as measured from the natural ground conditions immediately adjacent to the turbine base. Turbines shall be erected and the site tracks constructed in the positions indicated in Figure 4.1 of the Environmental Statement save for the ability to vary without further recourse to the planning authority, the indicated position of any turbine, track or associated infrastructure by up to 30 metres. Variations of between 30 and 50 metres will be permitted subject to the prior written approval of the planning authority. Any such micro-siting shall not encroach further into any environmentally sensitive areas indicated in Figure 3.3 of the Environmental Statement (see also Condition 11). Reason: for the avoidance of doubt, and to take account of local ground conditions, for the protection of amenity. Construction and Environmental Management Plan 7. At least two months prior to the commencement of any works, a full site-specific Construction and Environmental Management Plan (CEMP) shall be submitted for the written approval of the planning authority and all work shall be carried out in accordance with the approved plan. The required documents shall take account of matters set out in the environmental statement including details of all on-site construction works, post-construction reinstatement, drainage, mitigation, and other restoration, together with details of the timetabling and shall include the following: - a. Traffic Management Plan including a Route Access Report; b. Site Waste Management Plan; c. Sustainable drainage system (SuDS) design concept including run-off and sediment

control measures; and flood risk management; d. Dust management including cleaning arrangements for the site entrance and the

adjacent public road (the A83); e. Pollution prevention and control measures; f. Arrangements for on-site storage of fuel and other chemicals; g. Ecological monitoring over construction period including all necessary

preconstruction surveys; h. Details of foul drainage arrangements; i. Details of temporary site illumination; j. Details of any temporary diversions of access routes and associated signage; k. Details of any water course engineering works including any stream crossings; l. Details of the methods to be adopted to reduce the effects of noise occurring during

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the construction period to the lowest practicable level and in accordance withBS5228;

m. Post-construction restoration/reinstatement of the working areas; n. Spoil management plan, including management of any peat generated from site

works. The Construction and Environmental Management Plan shall be carried out as approved. Reason: to set out the detailed site development methodology including measures to control pollution of air, land and water and to ensure full consideration of all consequential effects arising during the construction period. Ecology 8. Prior to commencement of development, the developer shall appoint an independent ecological clerk of works acceptable to the planning authority. The terms of appointment shall be submitted to and approved in writing by the planning authority, and will cover the periods of: a. wind farm construction, including micro-siting and finalisation of the wind farm layout,

as well as subsequent post-construction restoration; and, in due course, b. wind farm decommissioning. In relation to (a) the terms of appointment shall be submitted prior to the commencement of the development and in relation to (b), prior to the commencement of any decommissioning works. Reason: in the interests of nature conservation and environmental protection. 9 The ecological clerks of works required under the terms of condition 8 above shall have a duty to: a. Carry out pre-construction surveys to inform the Construction Environmental

Management Plan required in terms of Condition 7; and thereafter, b. Monitor compliance with ecological and hydrological aspects of the

Construction Environmental Management Plan required in terms of Condition 7, and the Decommissioning Method Statement required in terms of Condition 4. The ecological clerks of works shall have a duty to report promptly to the developer’s nominated construction project manager (during the construction period) or decommissioning project manager (during decommissioning) any non-compliance with the hydrological or ecological aspects of the construction method statement and other relevant approved schemes and proposals or the ultimate restoration plan, respectively.

Reason: in the interests of nature conservation and environmental protection. 10 The Peat Management Plan accompanying the application shall be implemented in full for the duration of construction works, unless any intended revisions are submitted to and are approved in writing in advance by the planning authority in consultation with the

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Scottish Environment Protection Agency. Reason: in the interest of ensuring the conservation of peat resources. 11. No development or construction activities shall take place within a 10 metre buffer zone around those groundwater dependent terrestrial ecosystems (GWDTE) identified in the application submission. An exception to this requirement is the main access track, the route of which (as shown on drawing 02564D2230-01) passes through a GWDTE. Prior to any site works commencing, the final proposed route of the main access track shall be submitted to the planning authority for approval in writing. The final proposed route must demonstrate that any land-take within a GWDTE has been minimised. Notwithstanding the terms of condition 6, turbine T7 shall not be micro-sited to the south. Reason: in the interests of nature conservation and environmental protection; to ensure any encroachment of the main access track into a GWDTE is minimised; and to ensure turbine T7 does not encroach into a GWDTE. 12. In terms of condition 7g, prior to the commencement of development, a management plan for the protection of hen harriers during the construction period, shall be submitted to and approved in writing by the planning authority in consultation with Scottish Natural Heritage in respect of those areas within the application site which are to be cleared of trees in order to facilitate the development herby approved. Thereafter the management plan shall be implemented and the site managed in accordance with the provisions of the duly approved plan. Reason: in the interests of nature conservation given the increased attraction of cleared ground to this protected species. 13. In terms of condition 7g, no development shall commence until a pre-construction survey for otters has been undertaken by a suitably qualified person covering all watercourse crossings including a 100m zone upstream and downstream and other areas of potentially suitable habitat within 250m from all infrastructure and tracks. The outcome of the survey and any proposed mitigation measures shall be submitted to and approved by the planning authority in consultation with Scottish Natural Heritage. The plan, including any approved mitigation measures, shall be implemented for the full duration of the construction phase of the development. Reason: in the interest of nature conservation, especially with regards to otters. 14. In terms of condition 7g, no development shall commence until a suitably qualified person has undertaken a pre-construction red squirrel survey. The outcome of the survey and any proposed mitigation measures shall be submitted to and approved by the planning authority in consultation with Scottish Natural Heritage. The plan including any approved mitigation measures shall be implemented for the full duration of the construction phase of the development. Reason: In the interest of nature conservation, especially with regards to red squirrel.

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Construction hours 15. The hours of operation of the construction phase of the development and any traffic on the site associated with the construction of the development hereby permitted shall be limited to 0700 hours to1900 hours on Monday to Saturday and no work shall take place on Sundays or public holidays unless previously approved by the planning authority. Outwith these hours, development at the site shall be limited to turbine delivery and erection, commissioning, maintenance, and pouring of concrete foundations (provided that the developer notifies the planning authority of any such works within 24 hours if prior notification is not possible). In addition, access for security reasons, emergency responses or to undertake any necessary environmental controls is permitted outwith these hours. Reason: in the interest of residential amenity. Appearance 16. Prior to commencement of development, details of the turbine model selected for installation on the site shall be submitted to and approved in writing by the planning authority. The turbine model selected shall not exceed the blade tip height, hub height and rotor diameter hereby approved. Thereafter the development shall be implemented in accordance with the duly approved details. Reason: in order to ensure that the development adheres to the design parameters considered in the assessment of the proposal and in the absence of the actual turbine model to be installed being specified in the application. 17. 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 turbine shall not be altered thereafter without the written approval of the planning authority. No illumination (with the exception of aviation safeguarding lighting required under condition 22) shall be permitted, nor shall any symbols, signs, logos, or other lettering, except as may be required by law, be applied to the turbines without the prior written approval of the planning authority. Reason: to minimise reflection and reduce the impact of the turbines in the interest of visual amenity. 18. 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 assimilate the building into the landscape setting. 19. Prior to the commencement of development, details of materials, external finishes and colours for all ancillary structures shall be submitted to and approved by the planning

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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 assimilate the structures into the landscape setting 20. All turbines rotors shall rotate in the same direction. Reason: in the interest of visual amenity Television and radio interference 21. No wind turbine shall be erected until a scheme to secure the investigation and alleviation of any electro-magnetic interference to TV and radio reception at residential properties lawfully existing at the date of this permission caused by the operation of the turbines has been submitted to and approved in writing by the planning authority. The scheme shall be implemented as approved if issues arise. Reason: to protection the amenity of local residents. Aviation 22. Prior to the erection of the first wind turbine, the developer shall provide a. written confirmation to the Ministry of Defence of the anticipated date of

commencement of and completion of construction; the height above ground level of the highest structure in the development and the position of each wind turbine in latitude and longitude, and

b. provide a scheme for aviation lighting for the wind farm consisting of Ministry of

Defence accredited infra-red aviation lighting which shall be submitted for the approval of the planning authority. The scheme of aviation lighting should, as far as possible, take account of the “intrinsically dark area” character of the location. The turbines shall be erected with the approved lighting installed and the lighting shall remain operational throughout the duration of the permission.

Reason: in the interests of aviation safety and amenity. Forestry 23. Prior to the commencement of development, details of the schemes to be put in place for (a) the long term forest plan involving the replanting of that part of the wind farm site not required for development purposes and (b) compensatory planting of up to 230 hectares shall be submitted to, and approved in writing by, the planning authority in consultation with the Forestry Commission Scotland. The schemes shall thereafter be implemented and managed as approved.

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Reason: to ensure compliance with Scottish Government Policy on the Control of Woodland Removal and the UK Forestry Standard. 24. In terms of condition 7b, prior to the commencement of development, details of the volume and physical characteristics of chipped/mulched waste along with a management plan for this waste must be provided to and agreed in writing with the planning authority in consultation with Scottish Environment Protection Agency. Thereafter forestry works shall proceed wholly in accordance with the details of the duly approved forestry waste management plan. Reason: in the interests of environmental protection Archaeology 25. No development shall be commenced until a written scheme for archaeological investigation and a programme of archaeological works has been submitted to and approved in writing by the planning authority in consultation with the West of Scotland Archaeology Service. 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 planning authority in agreement with the West of Scotland Archaeology Service unless any subsequent variation thereof is agreed in advance in writing by the 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. Noise 26. The level of noise imissions from the combined effects of the wind turbines (including the application of any tonal penalty) when calculated in accordance with the attached Guidance Notes shall not exceed the values set out in the attached Table 1 or Table 2 (as appropriate). Noise limits for dwellings lawfully existing or having planning permission for construction at the date of this permission but are not listed in the Tables attached shall be those of the physically closet location listed in the Tables unless otherwise agreed with the planning authority. The co-ordinate locations to be used in determining the location of each of the dwellings listed in Tables 1 and 2 shall be those listed in Table 3. Reason: To minimise the adverse impact of noise generated by the operations on the local community. 27. Within 28 days of the receipt of a written request from the planning authority and following a complaint to the planning authority from the occupant of a dwelling which lawfully exists or has planning permission at the date of this permission, the wind farm operator shall, at the expense of that operator, shall employ an independent consultant approved by the planning authority to assess the level of noise immissions from the wind farm at the complainant's property following the procedures described in the attached

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Guidance Notes. Reason: to establish the procedure to be adopted in the event of a complaint about noise. 28. The wind farm operator shall provide the planning authority the independent consultant’s assessment and conclusions regarding the said noise complaint, including all calculations, audio recordings and the data upon which those assessments and conclusions are based. Such information shall be provided within three months of the date of the written request of the planning authority unless otherwise extended in writing by the planning authority. Reason: to permit the assessment of any complaint and, where necessary, to provide the basis for a solution. 29. Wind speed, wind direction and power generation data shall be continuously logged and provided to the planning authority at its request and in accordance with the attached Guidance Notes within 28 days of such a request. The operator shall retain this data for a period of not less than twelve months. Reason: to ensure that adequate background data are available. 30. No development shall commence until there has been submitted to the planning authority details of a nominated representative for the development to act as a point of contact for local residents (in connection with conditions 27 – 28) together with the arrangements for notifying and approving any subsequent change in the nominated representative. The nominated representative shall have responsibility for liaison with the planning authority in connection with any noise complaints made during the construction, operation and decommissioning of the wind farm. Reason: to provide good communication and to minimise any adverse impact of noise generated by the operations on the local community. Miscellaneous 31. In terms of condition 7l, prior to the commencement of development, the developer shall agree with the planning authority the overall development programme and operating times to be employed during the construction phase. The development shall be implemented in accordance with the duly approved details or any subsequent revisions agreed thereto. Reason: to help control and therefore, minimise possible noise pollution and other potential disruption. 32. Prior to the commencement of development, full details of any external lighting to be used within the site and along its access shall be submitted to and approved in writing by the planning authority. Such information shall include full details of the location, type and angle of direction and wattage of each light, which shall be so positioned and angled to prevent any glare or light spillage out with the site boundary. For the purposes of this

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condition, any external installations shall be designed to conform with Scottish Executive Guidance Note Controlling Light Pollution and Reducing Lighting Energy Consumption and in conformance with environmental zone E1: Intrinsically dark areas. Reason: in order to avoid the potential of light pollution infringing on surrounding land uses and properties taking into account the guidance in respect of intrinsically dark areas. 33. Any vehicular gates to be erected at the site access shall be set back a minimum distance of 20 metres from edge of public road to the satisfaction of the planning authority. Reason: In the interest of road safety SCHEDULE OF NOISE GUIDANCE NOTES These notes are to be read with and form part of noise conditions 26-30. They further explain the conditions and specify the methods to be deployed in the assessment of complaints about noise immissions from the wind farm. Reference to ETSU-R-97 refers to the publication entitled "The Assessment and Rating of Noise from Wind Farms" (1997) published by the Energy Technology Support unit (ETSU) for the Department of Trade and Industry (DTI). NOTE 1 (a) Values of the LA90,10-min noise statistic should be measured at the complainant's property using a sound level meter of EN 60651/BS EN 60804 Type 1, or BS EN 61672 Class 1 quality (or the replacement thereof) set to measure using the fast time weighted response as specified in BS EN 60651/BS EN 60804 or BS EN 61672-1 (or the equivalent UK adopted standard in force at the time of the measurements). This shall be calibrated in accordance with the procedures specified in BS 4142: 1997 (or the replacement thereof). These measurements shall be made in such a way that the requirements of Note 3 shall also be satisfied. (b) The microphone shall be mounted at 1.2 - 1.5 metres above ground level, fitted with a two-layer windshield (or suitable equivalent approved in writing by the planning authority), and placed outside the complainant's dwelling. Measurements should be made in "free field" conditions. To achieve this, the microphone shall be placed at least 3.5 metres away from the building facade or any reflecting surface except the ground at a location agreed with the planning authority. (c) The LA90,10-min measurements should be synchronised with measurements of the 10-minute arithmetic mean wind speed and with operational data, including power generation information for each wind turbine, from the turbine control systems of the wind farm. (d) To enable compliance with the conditions to be evaluated, the wind farm operator shall continuously log arithmetic mean wind speed in metres per second and wind direction in

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degrees from north at hub height for each turbine and arithmetic mean power generated by each turbine, all in successive 10 minute periods, unless otherwise agreed in writing with the planning authority. The mean wind speed date shall be 'standardised' to a reference height of 10 metres as described in ETSU-R-97 at page 120 using a reference roughness length of 0.05 metres. It is this standardised 10 metre height wind speed data which is correlated with the noise measurements of Note 2(b) in the manner described in Note 2(c). NOTE 2 (a) The noise measurements should be made so as to provide not less than 20 valid data points as defined in Note 2 paragraph (b). Such measurements shall provide valid data points for the range of wind speeds, wind directions, times of day and power generation requested by the planning authority. In specifying such conditions the planning authority shall have regard to those conditions which were most likely to have prevailed during times when the complainant alleges there was disturbance due to noise. At its request, the wind farm operator shall provide within 28 days of the completion of measurements, all of the data collected under condition 29 to the planning authority. (b) Valid data points are those that remain after all periods during rainfall have been excluded. Rainfall shall be assessed by use of a rain gauge that shall log the occurrence of rainfall in each 10-minute period concurrent with the measurement periods set out in Note 1(c) and is situated in the vicinity of the sound level meter. (c) A least squares, "best fit" curve of a maximum of 2nd order polynomial or otherwise as may be agreed with the planning authority shall be fitted between the standardised mean wind speeds (as defined in Note 1(d) plotted against the measured La90,10min noise levels. The noise level at each integer speed shall be derived from this best-fit curve. NOTE 3 Where in the opinion of the planning authority, noise immissions at the location or locations where assessment measurements are being undertaken contain a tonal component, the following procedure shall be used. (a) For each 10-mlnute interval for which LA9O,l0-mln data have been obtained as provided for valid in Notes 1 and 2, a tonal assessment shall be performed on noise immissions during 2-minutes of each 10-minute period. The 2-minute periods shall be regularly spaced at 10-minute Intervals provided that uninterrupted clean data are available). Where clean data are not available, the first available uninterrupted clean 2-minute period out of the affected overall 10-minute period shall be selected. Any such deviations from the standard procedure, as described in section 2.1 on pages 104-109 of ETSU-R-97, shall be reported. (b) For each of the 2-minute samples the margin above or below the audibility criterion of the tone level difference, ∆Ltm (Delta Ltm) shall be calculated by comparison with the audibility criterion given in Section 2.1 on pages 104 -109 of ETSU-R-97.

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(c) The margin above audibility shall be plotted against wind speed for each of the 2-minute samples. Samples for which the tones were below the audibility criterion or no tone was identified, a value of zero audibility shall be substituted. (d) A linear regression shall then be performed to establish the margin above audibility at the assessed wind speed for each integer wind speed. If there is no apparent trend with wind speed then a simple arithmetic mean shall be used. (e) The tonal penalty is derived from the margin above audibility of the tone according to the figure below. The rating level for each wind speed shall be calculated from the best-fit curve described in Note 2, and the penalty for tonal noise.

NOTE 4 (a) If the wind farm noise (including the application of a tonal penalty in terms of Note 3) Is to above the limit set out in the conditions, measurements of the influence of the background noise shall be made to determine whether or not there is a breach of condition. This may be achieved by repeating the steps in Notes 1 and 2 with the wind farm switched off to determine the background noise, L3, at the assessed wind speed. The wind farm noise at the wind speed L1, is the measured wind farm noise level at the assessed wind speed with the turbines running but without the addition of any tonal penalty:

The wind farm noise is re-calculated by adding the tonal penalty (if any) to the wind farm noise.

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TABLES OF NOISE LIMITS RELATING TO CONDITION 26 Table 1: The LA90,10min dB Wind farm Noise Limits Between 23:00 and 07:00 hours

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Table 2: LA90,10min dB Wind Farm Noise Limits at all other times:

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TABLE OF CO-ORDINATE LOCATIONS OF PROPERTIES Note to Table 3: The geographical co-ordinates references are provided for the purpose of identifying the general location of dwellings to which a given set of noise limits applies. Table 3: Co-ordinate locations of the properties listed in Tables 1 and 2

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Advisory notes 1. The length of the permission: This planning permission will lapse on the expiration of a period of three years from the date of this decision notice, unless the development has been started within that period. (See section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).) 2. Notice of the start of development: The person carrying out the development must give advance notice in writing to the planning authority of the date when it is intended to start. Failure to do so is a breach of planning control. It could result in the planning authority taking enforcement action. (See sections 27A and 123(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).) 3. Notice of the completion of the development: As soon as possible after it is finished, the person who completed the development must write to the planning authority to confirm the position. (See section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended).) 4. Display of notice: A notice must be displayed on or near the site while work is being carried out. The planning authority can provide more information about the form of that notice and where to display it. (See section 27C of the Town and Country Planning (Scotland) Act 1997 Act (as amended) and Schedule 7 to the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008.)

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Directorate for Planning and Environmental Appeals - Weebly · Directorate for Planning and Environmental Appeals ... Public Roads and Private Access Regimes and LP TRAN 5, ... Scottish