IFILEREF' - Banks Group

Energy and Climate Change DirectorateEnergy Division

T: 0300 244 1064E: [email protected]

Rachael MacleodBanks Group2nd Floor, Block CBrandon Gate,Leechlee Road,HamiltonLanarkshireML3 6AU

IFILEREF'

SRC%DO19SEP20B

I ACTION BY:[£22EsroT: lc^\ The Scottish

Government

16 September 2016

Dear Ms Macleod,

=G . -S,0^ T?"HEACTOWW^DcS?^^S£SHSEFOTO=

Application

^^rr,^th^ppSn.fornronsertunder.section. 36. 0fthe Electricity Act 1989 ("ther:Act'2. made, by Banks Re"ewables (Harting "Rig-Wind"Fa'rm) 'Umrt ed"

^mp,any, inco/POLatedmder the . Companies'Acts"witah co'mpa'n'y" n'uam'berl8^0a0^^dhhaamvinDgHte8y^dnSnat^n^^0^^â^DH78XL("thecomPany") dated 2 October 2014 for" the "consBtm°cTori"^nud,o^ratLonj!-an. e_xtension to the KyPeMuir Wind'Farm of eighteen"w[nd^binaesuwith a nominal generating capacity of 72MW. '""" ' """ "' '"a"l°°" """'" Lului"es.

LMSh^Lc.ontains. eJcottish .M'"'sters-decision to grant consent in favourStahedcT°3mpany' subject to co"ditions- but toreh'se''wl nsent"fo"tulrb'i'ne'sv^r

Planning Permission

Ln.S^s.ectio rL57(2)-of_theTown and country Planning (Scotland) Act 1997^^î^SsSS'SEK5;S.Tnl££fc="° -'ss^"s sis

Consultation

B££s^s§i;s=^§^sSs"dfects"" Tn "accordance with requirements of _ theÊle

ôr^nt) R^gulations'1990and the EIA Regulation adê^^S^p^'iration'and'the ES°was made in the local and "ationalPress,,c,°Pi,es^3at£dApnpihceatScnadIon^n;> w^ 'ôwo^n^^ 'for those wishing to make

representations to do so.

Under Schedule 8 to the. Electricity Ad a^Reg^ m^ny^^

ll)e't&he"SuccotehuEîronment'p7otection Agency OEÂ)jmd such^ pe^^s^â<tnare''l1k^t^be^'con"cerned by'the proposed'development b^reâsoji ofj^^^^^^S^^^^b^'N^nsî^^ ^ LanarkshireC>o°un'cii as'therelevant Planning Authority, as well as to SNH and SEPA.

In accordance with section 36(5A) of the Act, before granting any section 36 consentScottish Ministers are required to:

. obtain SEPA advice on matters relating to protection of the water

. ehna20Saerndt;taontdhe purposes of Part 1 of the Water Environment and Water

Services (Scotland) Act 2003.

SEPA's advice has been considered as required by sectioni36(5_A) th^du^rega^dk^hTpuTpo^s'ofârt~1"of The Water Environmen^^ndW^

S^dmAect3a cSEPA has been consulted regarding a CARJicencejnjespec^X?SSSS pS^^^]o^^^"^^^

,'with Water Framework Directive objectives. tibh'A noieaûiai

tnSP°o^tecr°Ssosws^Te °Pr°sae"d^^^^^^^saut'ioru ê7cARI aT^7advised there are no significant^conce^^^^^S°nSSounn^b, S ,nTeys^^fui^'ue°s°that1 could'potentially impact on the

water environment.

piihlic Local Inquiry

In terms of paragraph 2 of Schedule 8 to the Act i^he Planning Auth^makâ^5S^S^ê^Mra^S^s[M^ît^n'q^ t'oabe"held'"u'nless"the Scottish Masters propose ^toâcê ^ t^

:;toTuch"'moclifications"or conditions 'as will give^ effect _to^tteSSS^f tshueDl^"I"o"9su^nth'°l^'. ''S^^^^^^^^^^^^^S^^)^^^^^^mswas'set'out as a conditioned objection which could beôvercome o^t'h"^ wuasbisnisonuuêdredu'T1'"T'27T 3Tnd"t'heir"associated infrastructure are refused

consent.

^S^yS ^ t%S?^!l^îficto and

Environmentql Matters

Main determining jssyes

^n»s^s^.as.s=s',sm»nt -nd -

.

yss^^syd evelopment accords with and is su^rted

. s^'s^^âs, "p u-tt-

. the estimated economic benefits which the proposed development is likely to. the Sable energy benefits of the proposed development.

The Policy Context

Climate Change and Renewables Targets

Suautes°to'aapp^ximateTy16GW of installed renewable^ capacity.

of electricity generation in Scotland.

^rbOT'g'eneration which is necessary to meet the targets.

Ss(iS;-n?£^^^^^=^'='Possibtetohelpmeet'climate change and renewables targets.

Scotland's Third National Planning Framework (NPF3)

NPF3, K>3etherwith spp further sets °"t what is expected of the DlanninlnlunT.g.a spat'<strategy"for a'''°w"cart, 'o<n lopla^cwhceureOTanne8PO';ln nendgu£emngreenhouse gas emissions is achieved by 2050'. r"~"" "'"'"' °" uu/° 'c"ut;I'°n '"

!nn^^3<anl e.E'ectncit_yGeneration policy Statement, the Scottish GovernmentÔTi ^^w,ng.aileasL5P° me9awatt<ofrenewabie energyVnÎonc^LO,w^rshJpb^2026Zwh"e'thae"^co^m,un.ity -slndJoca"y owned re"ewables^ has" recently" been "met1."community and local ownership'remi ains"^n°d1m'i'nIilheT""y Deen mer' support for

s.un lrtê scott!sll?wem?n?s alm"bife^ fo'^m°Sy ^êSeonwnde^hsiDnSrenewables as expressed in the Community Energy'PoiicyStatemertcScottish Planning Policy (SPP)

S^^SS^'^^'^^SS^favour of development'that contnb'utes'toys^naêrde^?nceest. a presumPtion in,'L^LOUtJhat. po. licie.s..and decisi°"s should be guided by certain princic

,'S"19., 9!v'.ng,. due. wei9ht to .net eco"°Tc~be^fiTsupypo^"d^!i^'^fLnnf^T.U±re; iw!u.dLn£enew^,d;Pr0â^d^wdlTwonment spp alsol states'th°at't"heplanningas°ys^^^^^^de ^pmen-t-ofidiverseran970 fLetectr^y9^ât',X^technologies - including the expansion o'frenewab!ele'n'elwge^Sâecietynergy^p.pôutllnes scottlsh. Government planning policy on

EÎI^=^=2SSobligations to ensure site restoration is achieved.'

^^p, a'^lrtroduces. a-new.spatial framew°ri< for onshore wind projects. TheS MWT^S^ ±ÎOPTOrt^-beCT'ident ie<r'a;"faiiirS"^lt^S 3 ^

L iIlles(Lare !reas. with Potential for wind'farm developme nt" vS winods s?y to be acceptabie' sub'ecrtoî^'^^^TSi r^^£S

Scottish Ministers consider the proposed .developmentJsj^pportedJ^SP^ ^Tm'akes"a"noteworthyr contributiontowards^meetinggreenhoê^^

^s<f^teS^^^jw i^^sr rsisSiE^^^s^^^^ênergy sources.

Compatibility with Local Development Plan and Supplementary Guidance

i^^^^^-^s^v^^y. Glasgow and the Clyde Valley Strategic_Development Plan (2012). South Lanarkshire Local Plan (adopted 2009) ^*. ^P"Saup°p]e'menta^"Planning- Guidance:' Renewable Energy (December3 Lanarkshire Local Development Plan - SLLDP (adopted 29 June2015)

Scottish Ministers note that on 20 October 2014 the_ Directorate^ Pîn^g a^

Council.

SLLDP are to be revised.

th'h^reêd"spatiaTframework set out injable J^SPPûntiljsuch times asS'ucppte<^rta^G"uidancie on Renewable Energy had been revised.

All the aforementioned plans, policies and guidance were examined in the PlanningAuthority's consideration of this proposal.

The South Lanarkshire Local .Deve]opment^Plan^(S^DPôff;c^ \^SSS SEia5^^n£M^SLLDP.

SLLDP Policy 2: Climate Change - requires _that_propos^ô^ne^^lo^

green neiworKs. Having assessed the impact of the proposed development againstthese criteria, in paragraphs 6. 4.4, 6. 5.6, 6. 5. 15, 6. 5.20, 6. 5. 22, 6. 5.23 and 6. 5~24 oftheir response. Ministers agree with the Planning Authority's assessment that theproposed development is compliant with Policy 2 of SLLDP.

SLLDP Policy 3: Green Belt and Rural Areas. The Green Belt and the Rural Areafunction primarilyfor agricultural, forestry, recreation and other uses appropriate forthe countryside The Planning Authority consider renewable energy is an acceptableuse in the rural area subject to the proposal being in accordance with all relevantlocal development plan policies and supplementary guidance. The PlanningAuthority assessed this acceptability at sections 6. 3, 6. 4 and 6. 5 of their response"Ministers concur with the conclusion that the proposed development is compilewith Policy 3 of SLLDP.

SLLDP Policy 15: Natural and Historic Environment and associated SG requires thatdevelopment proposals will be assessed in terms of their effect on the character andamenity of the natural and built environment and must accord with other relevantpolicies in the Plan and the appropriate guidance. The Planning Authority consideredthe effect of the proposed development on the character and amenity of the naturalenvironment at sections 6. 3, 6.4 and 6. 5 of their response to Scottish Ministers.Ministers agree with the conclusion that the proposed development accords withPolicy 15.

SLLDP Policy 19: Renewable Energy. Ministers note the Reporter's examinationreport on the Local Development Plan considers that renewable energy proposalsshould be assessed against the bullet points in paragraph 169 of SPP and therevised spatial framework set out in Table 1 of SPP. This was assessed by thePlanning Authority at section 6.2 of their response. Taking into account theaforementioned assessment Ministers agree that, subject to the removal of turbinesnumbered T1, T2 and T3, the proposed development will not have significantadverse cumulative landscape and visual impacts. Ministers also agree with thePlanning Authority's conclusion that the effects on the natural and water environmentare considered to be acceptable subject to the delivery of suitable mitigationmeasures, therefore the proposal complies with the provision of SPP and Policy 19.

Ministers, having considered in full the Planning Authority's response, concur withtheir assertion that, subject to the refusal of consent for turbines numbered T1. T2and T3, the proposed development is consistent with aforementioned localdevelopment plans, policies and guidance and that the environmental impacts of thedevelopment can be satisfactorily minimised to take account of the benefits of theproposal in contributing towards Scotland's renewable energy targets

Landscape, visual and cumulative impacts

Although not the basis of an objection, SNH raised concerns in relation to thecumulative landscape and visual impacts and significant adverse landscape impacts.

They summarised that the proposed development would "cause significant adversecumulative landscape and visual impacts with the Kype Muir~ wind farm andDungavel wind farm and significant adverse impacts on the "Upland River Valley"

landscape character type. In addition the proposal will have adverse visual impactson viewers from the Avon Valley and the footpaths associated with the AuchengillochMonument. We also note the comparatively large size of the proposed turbines(132m and 152m) when considered in relation to the adjacent wind farm turbines.'

SNH advised Scottish Ministers, to give consideration to the removal of turbinesnumbered T1, T2, T3 T4 and T5, to reduce the negative landscape and visualimpacts of the proposed development for the following reasons;

. To better fit with the Design Strategy of the Kype Muir wind farm. The strategyof the extension contradicts the original proposal's response to the landscapeand visual constraints.

. To reduce cumulative adverse landscape and visual impacts with the adjacentDungavel wind farm caused by different sizes of turbines

. To reduce cumulative adverse landscape and visual impacts caused byclosing the gap separating the Kype Muir and Dungavel wind farms.

. To improve the design of the wind farm in response to the underlying landformwhich' forms the southern horizon to the valley of the Avon Water, and toreduce stacking and clutter.

. To improve the design of the wind farm, by removing the line of turbines thatextends from, and does not fit the grid or cluster on higher ground.

. To reduce the direct impacts on the "Upland River Valley" landscapecharacter where the immediately adjacent large-scale turbines will overwhelmthe small-scale field pattern, and High Dykes farm itself, features whichcontribute to the wider landscape character.

. To reduce the indirect impacts on the small-scale "Upland River Valley"landscape character of the Avon valley below.

. To reduce the visual impacts on the southward facing views from the settledAvon valley.

The Planning Authority had similar concerns in respect of the landscape and visualimpact of the proposed development. They noted in their response that theproposed development site, which lies adjacent to the Upland River ValleyLandscape Character Type (LCT), has low capacity for wind farm development.Whilst acknowledging that none of turbines were proposed within this LCT thePlanning Authority, 'following their assessment of the proposed development,considered that removal of turbines T1, T2 and T3 would:-

. Reduce the direct impacts on the Upland River Valley LOT where theseturbines would overwhelm the small-scale field pattern and features whichcontribute to the wider landscape character.

. Reduce the indirect impacts on the Upland River Valley LCT

. Reduce the visual impacts on the southward facing views from the settledAvon valley.

. Improve the design of the wind farm in response to the underlying landformwhich forms the southern horizon to the valley of the Avon Water

In addition to the above points, they considered that the removal of turbines wouldreduce cumulative and adverse landscape and visual impacts with the adjacent

8

uungavei wind farm and reduce cumulative adverse landscape visual impactscaused by turbines T1 T2 and T3 closing the gap between Kype Muir and Dungavelwind farms.

In summary, taking account of the relevant policies as well as the importance ofrenewable energy generation in terms of national policy, the Planning Authorityadvised it was their view that following these alterations, the scheme, whilst stillhaving some landscape, visual and other impacts, would be acceptable.

Ministers' Considerations

A site visit was undertaken on 16 August 2016 at which representatives of theCompany and South Lanarkshire Council were also present. The purpose of thevisit was to facilitate further deliberation of the modifications proposed by thePlanning Authority by considering the viewpoints identified in the ES relevant tolandscape and visual concerns raised by SNH and the Planning Authority. Inaddition to travelling the access route to the development and gaining anunderstanding of the surrounding area, the following viewpoints were considered:

Viewpoint 7 GilmourtonViewpoint 8 CaldermillViewpoint 11 DrumclogViewpoint 22 B743 NW of site

As a consequence of their position on the land form, the Scottish Ministers are of theview that the landscape and visual impacts of turbines numbered T1, T2 and T3 aresuch that they should not form part of the extended wind farm.

Scottish Ministers accept, in line with the Planning Authority's assessment, thatturbines numbered T4 and T5 sit further back when viewed from these viewpointsand are therefore much less prominent on the skyline.

Scottish Ministers recognise the detrimental landscape and visual impact of thisdevelopment. Having considered the terms of the Planning Authority's objection andthe advice given by the Planning Authority and SNH, to reduce the negativelandscape and visual impacts of the proposed development, Scottish Ministers are ofthe opinion that if the proposed development reflects the changes proposed by thePlanning Authority the remaining impacts are not of a level which would warrant arefusal of consent. Ministers agree with the Planning Authority that whilst someimpacts would remain, particularly cumulative, visual and landscape impacts, theseare acceptable in light of the benefits the proposed development will bring.

Habitats Regulations

SNH advised of the connectivity between the proposed development and theMuirkirk and North Lowther Uplands SPA. The status of the SPA means that therequirements of the Conservation of Habitats and Species Regulations 2010 ("theHabitats Regulations") apply. Consequently Ministers must consider the effects ofthe development before consenting such applications.

A Habitats Regulations appraisal (Annex E) has been carried out which concludesthat if the proposal is undertaken in strict accordance with SNH's mitigatingconditions then the integrity of the SPA will not be adversely affected. The proposedconditions set out by SNH, impose a requirement for a detailed Habitat ManagementPlan (HMP) and an extension to the proposed 20 year forest plan, outlined in the ES,to cover the full consent period of the proposed wind farm extension. Both havebeen secured through conditions 37 and 42 respectively (Annex 2).

Economic and Renewable Enemy Benefits

The fifteen turbine extension would provide energy to power up to 25, 470households in Scotland per year. The extension would increase the total generatingcapacity of Kype Muir Wind Farm to over 155MW, sufficient to power approximately77,408 average households per year. Overall, including the extension, thedevelopment in its entirety offers a significant contribution towards RenewableEnergy targets.

Scottish Ministers recognise this increase in the amount of renewable energythn-I,-uuuuU- -lU-u--G-BunA^LnJsi-/^ . -.. «^>. -~>~»-»n4. 'n -»» " 11 n» * -GJOL

-pruauot?a -is crTcrre?ry-(/amîaiCTnnt-innncn-cm=-oro'ancnon-varorwi nnrwrrc-vi -

fJrvrrrarj *>/* *

promotion of renewable energy and its target for renewable sources to generate theequivalent of 100% of Scotland's annual electricity demand by 2020. It is alsoconsistent with climate change objectives.

Significant economic benefits to Scotland are anticipated through investment inconstruction and employment, and there are also anticipated economic benefits tothe country arising from the production of electricity - through its export, which is animportant economic aspiration for Scotland, and through the fact that it will supportsecurity of supply which is essential to the country's economic wellbeing.

During the construction period there will be an estimated 88 short-term jobs, with afurther 13 jobs supported during the lifetime of the development. There are likely tobe minor positive effects on local businesses based on the opportunities that theconstruction phase presents to local businesses including £10 million worth of localcontracts.

Environmental Benefits and Carbon Payback

The total C02 saving from the proposed wind farm extension over the 25 yearoperational life of the development is estimated by the Company to be 2, 305, 120tonnes.

The Company's calculation of the time required for the proposed development togenerate enough carbon-free electricity to offset its own carbon footprint (known asthe "COz payback period"), was calculated as 3. 1 years. The minimum andmaximum payback periods are estimated at approximately 1.4 years and 5. 6 yearsrespectively.

Ministers have noted SEPA's assessment, on behalf of the Scottish Government, ofthe Company's calculation of the C02 payback period and are content that it serves

10

to demonstrate that the wind farm extension will make a significant positivecontribution to reducing 002 emissions.

Public Representations

Scottish Ministers have considered the 256 Public Representations received andnote the concerns raised, within the 6 objections, regarding the visual impact of sitinganother wind farm in this area, noise, shadow flicker, wild life, private water suppliesand access route. Ministers are satisfied that the matters pertaining to theseobjections have been appropriately assessed. The proposal is consistent with theSouth Lanarkshire Local Plan and SPG Renewable Energy, subject to conditionsand mitigation measures being implemented. It is also consistent with Policies 2, 3,15 and 19 of the South Lanarkshire Local Development Plan and the associatedSupplementary Guidance. The 250 Public Representations in support of theApplication cited the support to local employability, training schemes and localeconomy as the main reasons for supporting the proposed extension. The letters ofsupport further highlighted the low overall environmental impact of the development.

Summary of Scottish Ministers' Considerations

Scottish Ministers have considered fully and carefully matters raised in statutory andnon-statutory consultee responses as well as the Environmental Statement and haveweighed the impacts of the development, and the degree to which these can bemitigated, against the renewable energy and economic benefits which would berealised. Ministers have undertaken that exercise in the context of national and localpolicies.

Ministers consider that the balance is in favour this development and that, subject toconditions and refusal of consent for turbines numbered T1, T2 and T3 , consentunder section 36 of the Electricity Act 1989 should be granted and a direction bemade under section 57(2) of the Town and Country Planning (Scotland) Act 1997that planning permission be deemed to be granted reflecting the refusal for turbinesnumbered T1, T2 and T3.

Duration of planning permission

Section 58(1) of the Town and Country Planning (Scotland) Act 1997 provides thatplanning permission lapses if development has not begun within a period of 3 years.Section 58(2) of that Act enables Ministers to direct that a longer period is allowedbefore planning permission lapses. Scottish Government policy is that due to theconstraints, scale and complexity of constructing such developments, and thevariables around wind farm connections feeding into the distribution andtransmission network, a 5 year time scale for the commencement of thedevelopment may be appropriate. A direction by Scottish Ministers under section58(2) of the Town and Country Planning (Scotland) Act 1997 has therefore beenmade as part of the determination for this consent.

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The Scottish IVIinisters' Determination

Subject to the conditions set out in Part 1 of Annex 2, Scottish Ministers grantconsent under section 36 of the Electricity Act 1989 for construction and operationof the Kype Muir Wind Farm Extension electricity generating station in the SouthLanarkshire Council area (as described in part 1 of Annex 1) but refuse consent forturbines T1, T2 and T3 (described as -Excluded Development" in part 2 of Annex1), presented as the consented development in Annex 4.

Subject to the conditions set out in Part 2 of Annex 2, Scottish Ministers direct undersection 57 (2) of the Town and Country Planning (Scotland) act 1997 that planningpermission be deemed to be granted in respect of the development for whichsection 36 has been granted in the paragraph above.

The Scottish Ministers direct that section 58(1) of the Town and Country Planning(Scotland) Act 1997 is not to apply with regard to that planning permission becauseof the constraints of constructing or extending a generating station with a capacity ofover 50MW within 3 years and that planning permission is to lapse on the expiry of aperiod of 5 years' from the date of this direction if there has not beenCommencement of the Development within that period.

In accordance with the EIA Regulations, the Company must publicise thisdetermination for two successive weeks in the Edinburgh Gazette and one or morenewspapers circulating in the locality in which the land to which the applicationrelates is situated.

Copies of this letter and the consent have been sent to the Planning Authority. Thisletter has also been published on the Scottish Government Energy Consents websitewww.eneravconsents. scot

The Scottish Ministers' decision is final, subject to the right of any aggrieved personto apply to the Court of Session for judicial review. Judicial review is the mechanismby which the Court of Session supervises the exercise of administrative functions,including how the Scottish Ministers exercise their statutory function to determineApplications for consent. The rules relating to the judicial review process can befound on the website of the Scottish CourtshttD://www. scotcourts. aov. uk/session/rules/Drint/rules/CHAP58. pdf Your localCitizens' Advice Bureau or your solicitor will be able to advise you about theapplicable procedures.

rs sincerely

O^S>i i^.

Frances Pacitti

Head of Energy ConsentsFor and on behalf of the Scottish MinistersA member of the staff of the Scottish Government

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ANNEX 1

Part 1 - Description of the Development

The Development is an extension to the Kype Muir Wind Farm electricity generatingstation, comprising a 15 turbine extension to the consented Kype Muir Wind Farm,located 6. 5 kilometres south of Strathaven, in the South Lanarkshire Councilplanning area as described in the Application and accompanying EnvironmentalStatement.

The principal components of the extension to the wind farm and related ancillarydevelopments of the wind farm comprise:

. Eight wind turbines turbines with a maximum blade tip height of 152m

. Seven wind turbines with a maximum blade tip height of 132mA total length of access track of 13. 5km including construction ofapproximately 11.24km of new access tracks (using approximately 2.26km ofexisting tracks)

. A total of 5 water crossings, including 1 new water crossing and 4 upgradedwater crossing

. Underground cabling and communications cablingOne control building and substation area and a platform area for National Gridsubstation equipment and control building

. Up to 4 borrow pits for the excavation of stone and other constructionmaterials

. Temporary construction compound, turbine crane pads and laydown areasand foundations

. Restoration of areas of degraded and modified blanket bog plus hen barrierenhancement.

ANNEX 1

Part 2 - Excluded Development

Consent is refused for-

3 turbines - numbered T1 , T2 and T3 (identified on the Map at Annex 5);. any associated access tracks, and borrow pits located alongside such access

tracks; and

. any associated hard-standing areas

. the 80m high meteorological monitoring mast and associated crane pad

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ANNEX 2

CONDITIONS

Part 1 - Conditions attached to section 36 consent

1. Duration of the Consent

The consent is for a period from the date of this consent until the date occurring 25years after the Final Commissioning of the Development. Written confirmation of thedate of the Final Commissioning of the Development must be provided to thePlanning Authority and Scottish Ministers no later than one calendar month after thatevent.

Reason; To define the duration of the consent.

2. Commencement of the Development

The Commencement of the Development shall be no later than five years from thedate of this consent, or such other period as the Scottish Ministers may hereafterdirect in writing. Written confirmation of the intended date of Commencement ofDevelopment shall be provided to the Planning Authority and Scottish Ministers nolater than one calendar month before that date.

Reason:

period.To ensure that the development is commenced within a reasonable

3. Non-assignation

The Company must not assign the consent without the prior written authorisation ofthe Scottish Ministers. The Scottish Ministers may grant authorisation, with or withoutconditions. The consent, must not be assigned, alienated or transferred otherwisethan in accordance with this condition.

Reason: To safeguard the obligations of the consent if transferred to anothercompany.

4. Serious incident reporting

In the event of a Serious Health and Safety, Environmental or Planning incidentoccurring on Site during the period of consent, the Company must notify ScottishMinisters within 24 hours of the incident occurring.

Reason: To keep Scottish Ministers informed of compliance with Health and Safetylegislation.

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5. Aviation Radar NATS

No part of any turbine shaH be erected above ground until a Primary Radar MitigationScheme agreed with the Operator has been submitted to and approved in writing bythe Scottish Ministers in order to avoid the impact of the development on the PrimaryRadar of the Operator located at Lowther Hill, Cumbernauld and Glasgow andassociated air traffic management operations.

Reason: In the interests of aviation safety.

6. Aviation Radar NATS.

No blades shall be fitted to any turbine until the approved Primary Radar MitigationScheme has been implemented and the Development shall thereafter be operatedfully in accordance with such approved Scheme.


7. Aviation Glasgow Airport

Prior to the commencement of development, a Radar Mitigation Scheme setting outmeasures to be taken to prevent the impairment of the performance of aerodromenavigation aids and the efficiency of air traffic control services at Glasgow Airportmust be submitted to, and approved in writing by, the Scottish Ministers, inconsultation with Glasgow Airport Limited.


8. Aviation Glasgow Airport

The turbines must be erected in accordance with the approved Radar MitigationScheme and the Development must thereafter be operated at all times fully inaccordance with the approved Radar Mitigation Scheme.


15

Part 2 - Conditions attached to the deemed Planning Permission

9. Duration of the Consent

This planning permission shall expire and cease to have effect after a period of 28years from the date of Final Commissioning Upon the expiration of a period of 25years from the date of Final Commissioning the wind turbines shaH bedecommissioned and removed from the site, with decommissioning and restorationworks undertaken in accordance with the terms of condition 50 of this permission.Written confirmation of the date of Final Commissioning shall be submitted in writingto the Planning Authority no later than one calendar month after the date of FinalCommissioning.

Reason: To define the duration of the consent. The 28 year cessation date allowsfor a 3 year period to complete decommissioning and site restoration wort(.

10. Implementation in accordance with approved plans and requirements ofthis consent

The Development must be carried out in accordance with the terms of theApplication and the accompanying Environmental Statement including all mitigationand monitoring measures stated in it, the conditions attached to the deemedplanning permission and any Planning Application (PA) plans, schemes or similardocuments required to be obtained by those conditions. Any proposed deviationfrom the detail provided within these documents, must be submitted to and approvedin writing by 'the Planning Authority before the works described therein areundertaken.

Reason; to ensure that the Development is carried out in accordance with theapproved details.

11. Financial Guarantee

Except to any extent specifically permitted in writing by the Planning Authority, thereshall be no commencement of development or operations at the site until theGuarantee (after mentioned) has been delivered to the Planning Authority and thePlanning Authority has confirmed receipt of it.

There will be a validly executed guarantee in an appropriate form_that incorporatesall the Guarantee Criteria and has been approved in writing by the Planning Authority("the "Guarantee") lodged with the Planning Authority for the period from the date ofcommencement of development to a date no earlier than 24 months after the date ofcompletion of the restoration and /or aftercare ("the Guarantee Period") unlessotherwise agreed in writing with the Planning Authority. If this Condition has notbeen complied with for any reason, operations at the site will cease until thisCondition has been complied with.

16

--!-"s_-cor.'dmon. (i/l a :i9.uarantee in an appropriate form " means a bond or a depositê?ment'_ or,at thT planni"9 Authority's discretion, such other form of surety'thatâs-,been confim1ed as acceptable to the Planning Authority and (ii) "RestorationSum" means^the sum confirmed in writing by the Planning Authority from time to timeto cover the full value of the restoration and'aftercare wo7ks set out in'the restorationschemes as approved by the Planning Authority from time to time' durincTtheGuarantee Period.

The Guarantee Criteria which a guarantee must meet is :-

(0 that the sum which can be claimed by the Planning Authority is the IndexedRestoration sum which_is (a)the Restoration Sum plus "(b) an amount equai~to"anannual increase in the Restoration Sum by the same percentage increase in PubSecI.n^_L"^'ho^sing buill?i"g) or' in the event. that th8 PubSec lndex-("non-housingbuilding) \sno longer in force, such other replacement index as is in force publishedas at the dat_e on which the Restoration Sum was determined and the'relevantanniversary of that date;

^".). lhalany. finan.dal institLltic)n. bank or building society against whom the PlanningAuthoritycan make a claim is of sound financial standing and capable of pavina theIndexed Restoration Sum;

(m) that it is enforceable by the Planning Authority either (a) for the whole GuaranteePeriod that the Planning Authority is entitled to make a claim on the Guarantee forthe Indexed Restoration Sum (b) on a breach of the restoration and'aftercarecond'tiorls. setût_in this consent;. (c)'fora breach ofthe requirements set out at~(i)and (ii) of this Guarantee Criteria (d) fora breach of the requirement for a Guaranteeto-beir'-placefol'the Guarantee Period (such claim being permitted for a-peno-cTup"to[one month] after the date of expiry of the Guarantee) and (e) on the 7nsolvenc^ ofthe party carrying out the operations permitted by the Consent.'

Reason: to ensure that there are sufficient funds to secure performance of thedecommissioning, restoration and aftercare conditions attached to this deemedplanning permission in the event of default by the Company.

12. Design and operation of turbines

Development shall not commence until full details of the proposed wind turbines['.TjÎ, '^_^t notlimited to.. the Power rating and sound power levels, the size, type,^tf^nai^nish__an^ colo^r ich shoulcl be non-reflective pale grey semi-matt), ''anyanemometry masts and all associated apparatus have' been submitted to' andapproved in writing by the Planning Authority. The turbines tip height shall "notexceed consented turbine height above ground level. A turbine other than thecandidate turbine assessed in the environmental statement may not be installedwithout the prior approval of the planning authority.

^.l?J-t^th^r!?Jon_?ft. urt?'?1e?'. the comPany sha" confirm in writing to the PlanningAuthority that the selected^turbine model will not exceed the predicted wind turbinenoise limits determined in Tables 1 and 2 of condition 28 below.

17

The turbines, anemometry masts and associated apparatus shall be constructed andoperated'in'accordance with the approved details and maintained heJaPProyec]colour, free from external rust, staining or discolouration, until such time as the windfarm is decommissioned.

All wind turbine blades shall rotate in the same direction.

None of the wind turbines, anemometers, power performance masts, switchingstations or transformerbuildings/endosures, ancillary buildings or above groundfixed plant shalldisplay any name, logo, sign or other adYertisementJothe^thanheaTth'aTici safety signa'ge) unless otherwise approved in advance in writing byPlanning Authority

Reason: In the /ntereste of amenity and in order to retain effective planning control.

13. Design of sub-station and its Associated Ancillary Development

Construction of the sub-station, including its ancillary elements, shall not commenceuntil finaldetails of the external appearance, dimensions, and surface materialsthe sub-station building, associated compounds, any construction compoundboundary fencing, external lighting and parking_areas have been .submittedto_and

in writing by the Planning Authority. The sub-station building, associatedcompounds, fencing, 'external lighting and parking areas shall be constructed inaccordance with the approved details.

Reason: In order to retain effective planning control

14. Ground Investigations

Ground investigations shall be undertaken prior to Commencement of^Developmentto'inform "the final site design and site management plans. There shall be noCommencement of the Ground Investigation Works and associated felling until anEnvironmentaTManagement Plan for the ground investigations works and detailsFh'e" associated' felling have been submitted to the Planning Authority and anEnvironmental Clerk Of Works (ECoW) has been appointed in relation to^theinvestigation Works. The ground investigation works and associatecI fellingimpiemented in accordance with submitted documents, unless amendments areapproved in writing by the Planning Authority.

Reason: To ensure the environmental impacts are minimised.

15. Micro-siting

All wind turbines, buildings, masts, areas of hardstanding_ and tracks shall^beconstructedTin the location shown on plan reference Revised Layout PIE

truction) at" Annex 4. Wind turbines, buildings, masts, areas of^hardstandin9and" tracks" may be. adjusted by micro-siting within the site. However, unless

18

c.

approved in advance, in writing by the Planning Authority (in consultation with SEPAand SNH) micro-siting is subject to the following restrictions:

a. No wind turbine foundation shall be positioned higher, when measured inmetres Above Ordinance Datum (Newlyn), than the position shown on theplan referenced as above;

b. No wind turbine, building, mast or hardstanding is to be moved more than 70metres from the position shown on the plan referenced as above;No access track shall be moved more than 70 metres from the position shownon the plan referenced as above;No micro-siting shall take place within areas of peat of greater depth than atthe position shown on the plan referenced as above;No micro-siting shall take place within areas hosting Ground WaterDependent Terrestrial Ecosystems or breach the 50m water"buffer zones:No micro-siting shall locate a turbine closer to a residential property;No micro-siting shall locate a turbine outwith the consented' applicationboundary;

h. All micro-siting permissible under this condition must be approved in advancein writing by the Environmental Clerk of Works (ECoW);

i. If the micro-siting variation is between 50 metres and 70 metres it shall onlybe permitted following written approval of the Planning Authority.

No later than one month after the date of Final Commissioning, an updated site planmust be submitted to the Planning Authority showing the final position of all windturbines masts areas of hardstanding, tracks and associated infrastructure formingpart of the Development. The plan should also specify areas where micro-siting hastaken place and, for each instance, be accompanied by copies of the ECoW's orPlanning Authority's approval, as applicable.

Reason: To minimise environmental impact and in order to retain effective planningcontrol.

f.g.

16. Borrow Pit Material

Development shall not commence until intrusive site investigations are undertaken toidentify the availability of suitable stone material from proposed borrow pits on site.Information submitted must include data to demonstrate the borrow pit materialstructural characteristics and the suitability of the material is fit for purpose. Thisinformation must be submitted to the Planning Authority, prior to the commencementof Development, for approval prior to the implementation of the borrow pit inconsultation with SEPA.

All imported material that is required to be brought onto site must be accompaniedby certification from a suitably U. K.A.S. accredited laboratory to confirm that it'is freefrom contamination.

If any off-site borrow pit is proposed, information relating to the quantities, proposedvehicle trips and delivery routes between the proposed borrow pit site and the windfarm site must be submitted to the Planning Authority, prior to the delivery of any

19

imported material. Should these routes not be covered by the approved trafficmanagement plan prepared in accordance with condition 291 then a revised trafficmanagement plan must be submitted for the approval of the PlanningÂuthority andapproved in writing prior to the delivery of any imported material. Thereafter theapproved revised traffic management plan must be implemented.

Reason; To minimise envimnmental impact and in order to retain effective planningcontml.

17. Borrow Pits - Scheme of Works

Development shall not commence until a site specific scheme for the working andrestoration for each borrow pit forming part of the development has been submittedto and approved in writing by the Planning Authority in consultation with SEPA. Thescheme shail indude -;

a. a detailed working method statement based on site survey information andground investigations;

b. details of the handling of any overburden (including peat, soil and rock),c. drainage, including measures to prevent surrounding areas of peatland, water

dependant sensitive habitats and Ground Water Dependant TerrestrialEcosystems (GWDTE) from drying out;

d. a programme of implementation of the works described in the scheme; ande. full details of the reinstatement, restoration and aftercare of the borrow pits at

the end of the construction period, to include topographic surveys ofpreconstruction profiles, and details of topographical surveys to beundertaken of the restored borrow pit profiles.

The approved scheme shall thereafter be implemented in full.

Reason; To minimise disturbance to residents in the vicinity of the wind farm

18. Borrow Pits - Blasting

No blasting is to take place until a scheme to address site blasting has beensubmitted to, and approved in writing by, the planning authority. The approvedscheme must be implemented. No changes can be made to the approved schemeunless approved in writing by the Planning Authority. This scheme must makeprovision for-:

a. blast monitoring locations;b. the type of monitoring equipment to be used;c. frequency of monitoring;d. the methods to be employed to minimise the effects of overpressure arising

from blasting, having regard to blast design, methods of initiation and theweather conditions prevailing at the time:

e. limits on air overpressure levels at specified properties; and

20

f. submission of blasting records to the Planning Authority.

Unless otherwise approved in writing by the Planning Authority, no blasting is totake place except between the following times -:

a. 10. 00am to 12. 00pm and 2. 00pm to 4. 00pm on Mondays to Fridays, andb. 10. 00am to 12. 00pm on Saturdays.

with no audible activity taking place on a Sunday or local or national bank holiday.

Ground vibration from blasting must not exceed a peak particle velocity of6mm/second at the blast monitoring locations. The measurement is to be themaximum of three mutually perpendicular directions taken at the ground surface.

Reason: To minimise disturbance to residents in the vicinity of the wind farm

19. Borrow Pit - Operational noise

In the event that Borrow Pits are operational the noise levels must be restricted to65dB LA (1 hr) or background LA90 (1 hr) + 10dBA, whichever is the greater, and anygeneral construction noise, which is ongoing simultaneously with the Borrow Pitoperation, is to be considered as Borrow Pit noise.

Reason: To minimise disturbance to residents in the vicinity of the wind farm

20. Environmental Clerk of Works

Development shall not commence until the Planning Authority has approved inwriting an independent Environmental Clerk of Works (ECoW) in consultation withSNH and SEPA, and the terms of appointment of that ECoW. The terms ofappointment shall-:

a. impose a duty to monitor compliance with the ecological and hydrologicalcommitments provided in the environmental statement and other informationlodged in support of the application, the Construction and EnvironmentalManagement Plan and the Habitat Management Plan approved in accordancewith conditions 23 and 37, ] and other plans approved in terms of condition 26("the ECoW works");

b. require the ECoW to report to the Company's nominated construction projectmanager any incidences of non-compliance with the ECoW works at theearliest practical opportunity;

c. require the ECoW to submit a monthly report to the Planning Authoritysummarising works undertaken on site; and

d. require the ECoW to report to the Planning Authority any incidences ofnoncompliance with the ECoW Works at the earliest practical opportunity.

An approved ECoW shall be appointed on the approved terms throughout the periodfrom 3 months prior to Commencement of Development, throughout any period of

21

construction activity and during any period of post construction restoration worksapproved in terms of condition 25 (post construction condition).

Reason: To ensure compliance with all commitments made in the EnvironmentalStatement and in order to retain effective planning control

21. Environmental Clerk of Works Decommissioning

No later than 3 months prior to decommissioning of the development or theexpiration of this consent (whichever is the earlier), the Company shall submit detailsof'the terms of appointment by the Company of an independent ECoW throughoutthe decommissioning, restoration and aftercare phases of the development to thePlanning Authority for approval in consultation with SNH and SEPA. The ECoWshall be appointed on the approved terms throughout the decommissioning,restoration and aftercare phases of the development.

Reason; To ensure compliance with all commitments made in the EnvironmentalStatement and in order to retain effective planning control.

22. Otter Protection Plan

No work shall be undertaken within a 30m buffer zone surrounding the otter layuparea located within Auchingilloch Glen as shown on the Otter Buffer Plan Ref; -HJB/TA812/127).

Reason; To minimise adverse impacts on protected species.

23. Construction Method Statement

Development shall not commence until a Construction Method Statement (CMS) hasbeen submitted to and approved by the Planning Authority in consultation with SEPAand SNH. The CMS, which must incorporate good practice methods from theScottish and UK wind farm industry to ensure that environmental impacts arereduced and incorporate all the mitigation measures identified in the EnvironmentalStatement (ES), must be submitted no less than two months prior to thecommencement of the development unless the Planning Authority agrees otherwise.Thereafter, all the measures described in the approved CMS must be implemented.The method statement must include, but is not limited to, the following-;

a. a plan of the construction operations at an appropriate scale;b. a plan to an appropriate scale showing the location of any contractors s te

compound and lay down areas required temporarily in connection with theconstruction of the development;

c. a method of defining track route and location (track corridors should be peggedout 500 - 1000m in advance of operations);

d. track design approach;

22

f.

g

j.

k.

m

s.

t.

V.

. maps of tracks indicating double and single tracks and position of passingplaces;the full extent of any anticipated track footprint, including the extent ofsupporting 'geogrid' below road stone and cabling at the edges of the track;details of track construction, floating track construction over peat more than 1mdeep and gradients of 1:10 or less steep; details of track construction for peatless than 1m deep, or on gradients steeper than 1:10, cross slopes or otherground unsuitable for floating roads;procedures to be followed when, during track construction, it becomesapparent that the chosen route is more unstable or sensitive than waspreviously concluded, including ceasing work until a solution is identified,informed with reference to advice from Ecological Clerk of Works (ECoW);details of peat soil stripping, storage and re-use. All soils stored on site mustbe in accordance with BS3882;a management plan for minimising the emission of dust from the constructionand operation of the development;evidence of compliance with the Planning Authority's Sustainable DrainageSystems design criteria guidance and inclusive sign off by the relevant partiescarrying out the elements of work associated with the design criteria inappendices 1 to 4 of that design criteria guidance;a coloured plan showing the sustainable drainage apparatus serving the sitetogether with the contact name and emergency telephone number of the partyresponsible for its future maintenance. Details of the future maintenanceregime in accordance with the latest Construction (Design and Management)Regulations is to be provided on this drawing;measures to ensure stability during construction of turbines and infrastructureon peat;a surface water and groundwater management plan, including a description ofand measures to mitigate impact on surface water courses and the hydrology;provision that watercourse crossings should be kept to a minimum to ensurethey do not adversely impact on natural flow pathways. These crossings mustbe appropriately sized and overiand flow routes must be provided in the eventof culvert blockage;measures to be taken to ensure that the work does not cause mud, silt, orconcrete to be washed away either during the construction stage or as a resultof subsequent erosion. Where possible construction works must avoid roadconstruction during high periods of high rainfall;timing and extent of any necessary re-instatement;details of the site security gate, wheel wash facility and site entrancehardstanding including measures to ensure all work associated withconstruction of the access gate, access bellmouth (with associated abnormalload over run area) and wheel wash facility shall be implemented on site priorto commencement of any internal site works;details of waste management, including recovery and reuse of waste;details identifying the location of Scottish Water assets and measures to betaken for pollution prevention;measures to ensure the safety and protection of badgers, bats, black grouseand otters during the construction period;measures to ensure that the development site shall not be illuminated bylighting unless -

23

the planning authority has given prior written approval;. lighting is required during working hours which has been approved by the

planning authority, or;. an emergency requires the provision of lighting.

w. details of plant warning devices - including that no fixed or mobile plant usedwithin the site during the construction period shall incorporate bleeping typewarning devices that are audible at any noise sensitive receptor. Efficientsilencers shall be fitted to, used and maintained in accordance withmanufacturers' instructions on all vehicles, plant and machinery used on thedevelopment site.

No changes to the approved CMS shall take place unless with the prior writtenapproval of the Planning Authority.

Reason: To ensure compliance with all commitments made in the EnvironmentalStatement and in order to retain effective planning contml.

24. Statutory Undertakers' Apparatus

The Company is responsible for any alterations required to statutory undertakersapparatus. Where work is being carried out in the vicinity of an overhead line^t mustbe in accordance with Health & Safety Guidance Note GS6 "Avoidance of Dangerfrom Overhead Lines".

Reason: In the interests of health and safety.

25. Post-construction

A post-construction restoration/reinstatement plan shall be submitted for approval bythe Planning Authority in consultation with SNH and SEPA. The plan shall includeproposals for the working areas not required during the operation of the wind farm,including construction access tracks, borrow pits, construction compound, storageareas, laydown areas and other construction areas. Wherever possible,reinstatement is to be achieved by the careful use of turfs removed prior toconstruction works. The plan should include details of all seed mixes to be used forthe reinstatement of vegetation. The approved plan shall be implemented to thesatisfaction of the planning authority within 6 months of Final Commissioning of anypart of the development unless otherwise agreed by the Planning Authority.

Reason; In the interests of amenity and in order to retain effective planning contml.

26. Environmental Management Plan

Prior to commencement of Development an Environmental Management Plan (EMP)must be submitted for the approval of the Planning Authority in consultation with

24

SEPA. The EMP must take account of SEPA's letters dated 28 November 2014, 28April 2015, 3 June 2015 and Scottish Government's Marine Scotland Science's letterdated 11 November 2015 and must include -

a. water quality assessments (with baseline sampling at least 1 year prior tocommencement of the development);

b. biological assessments consisting of macro-invertebrate surveys over 2seasons (autumn and spring) prior to, during and post construction;

c. a mitigation plan for the protection of Ground Water Dependent TerrestrialEcosystems (GWDTE);

d. details of how micrositing will be implemented and controlled in relation toavoiding impacts on deep peat and GWDTEs.;

e. mitigation measures detailed in the ES and the associated ConstructionMethod Statement.

Thereafter the EMP must be implemented in full and in accordance with thetimescales set out in the plan. No changes to the EMP shall take place unless theyare with the prior written approval of the Planning Authority.

Reason: To ensure compliance with all commitments made in the EnvironmentalStatement and in order to retain effective planning control.

27. Construction work

All construction work associated with the Development must be carried out inaccordance with the current BS 5228, 'Noise control on construction and open sites'and all audible construction activities shall be limited to-'

Monday to Friday 7.00am to 7.00pm,. Saturday 8. 00am to 1 . 00pm;

with no audible activity taking place on a Sunday or local or national bank holidaywithout prior written approval of the Planning Authority.

Outwith these hours, certain works, such as turbine erection, maintenance toturbines, emergency works, dust suppression and the testing of plant andequipment, are permitted so long as the noise associated with these works is notaudible at any noise sensitive premises. The reception of materials or equipment,with the exception of turbine blades, nacelles and towers, is not permitted outwith ofthe stipulated hours.

Reason: To minimise disturbance to residents in the vicinity of the wind farm.

28. Noise

1) The rating level of noise emissions from the combined effects of the wind turbines(including the application of any tonal penalty), when determined in accordance withthe attached Guidance Notes, shall not exceed the values for the relevant integer

25

wind speed set out in or derived from Tables 1 and 2 attached to these conditionsand:

A) Prior to the First Commissioning, the Company shall submit to the PlanningAuthority for written approval a list of proposed independent consultants who mayundertake compliance measurements in accordance with this condition.Amendments to the list of approved consultants shall be made only with the priorwritten approval of the Planning Authority.

B) Within 21 days from receipt of a written request of the Planning Authority,following a complaint to it alleging noise disturbance at a dwelling, the Companyshall, at its expense, employ an independent consultant approved, as per the listreferenced at part A of this condition, by the Planning Authority to assess the level ofnoise immissions from the wind farm at the complainant's property (or a suitablealternative location agreed in writing with the Planning Authority) in accordance withthe procedures described in the attached Guidance Notes. The written request fromthe Local Authority shall set out at least the date, time and location that the complaintrelates to. Within 14 days of receipt of the written request of the Local Authoritymade under this paragraph (B), the Company shall provide the information relevantto the complaint logged in accordance with paragraph (H) to the Local Authority inthe format set out in Guidance Note 1(e).

C) Where there is more than one property at a location specified in Tables 1 and 2attached to this condition, the noise limits set for that location shall apply to alldwellings at that location. Where a dwelling to which a complaint is related is notidentified by name or location in the Tables attached to these conditions, theCompany shall submit to the Planning Authority for written approval proposed noiselimits selected from those listed in the Tables to be adopted at the complainant'sdwelling for compliance checking purposes. The proposed noise limits are to bethose limits selected from the Tables specified for a listed location which theindependent consultant considers as being likely to experience the most similarbackground noise environment to that experienced at the complainant's dwelling.The submission of the proposed noise limits to the Planning Authority shall include awritten justification of the choice of the representative background noise environmentprovided by the independent consultant. The rating level of noise immissionsresulting from the combined effects of the wind turbines when determined inaccordance with the attached Guidance Notes shall not exceed the noise limitsapproved in writing by the Planning Authority for the complainant's dwelling.

D) Prior to the commencement of any measurements by the independent consultantto be undertaken in accordance with these conditions, the Company shall submit tothe Planning Authority for written approval the proposed measurement locationidentified in' accordance with the Guidance Notes where measurements forcompliance checking purposes shall be undertaken. Where the proposedmeasurement location is close to the wind turbines, rather than at the complainant sproperty (to improve the signal to noise ratio), then the Company's submission shallinclude' a method to calculate the noise level from the wind turbines at thecomplainant's property based on the noise levels measured at the agreed location(the alternative method). Details of the alternative method together with anyassociated guidance notes deemed necessary, shall be submitted to and agreed in

26

writing by the Planning Authority prior to the commencement of any measurements.Measurements to assess compliance with the noise limits set out in the Tablesattached to Jhese conditions or approved by the Planning Authority pursuant toparagraph (C) of this condition shall be undertaken at the measurement locationapproved in writing by the Planning Authority.

,- priol'to. thesubmission of the independent consultant's assessment of the rating!eve! of. noiseJm,miss'ons. pursuant to Paragraph (F) of this condition, the Companyshall submit to the Planning Authority for written approval a proposed assessmentprotocol setting out the following:

Lt-h?^ng. e of meteorolo9ical and operational conditions (the range of wind speeds,wind directions, power generation and times of day) to determine"the assessment'ofrating level of noise immissions.

-.La._reaso". ec!.. a?sessment. EIS to whether the noise giving rise to the complaintcontains or is likely to contain a tonal component. The proposed range ofconditionsshall be those which prevailed during times when the complainant alleges there wasdisturbance due_to noise, having regard to the information provided in the writtenrequest of the Planning Authority under paragraph (B), and such othere as "theindependent consultant considers necessary to fully assess the noise at thecomplainant's property. The assessment of the rating level of noise immissions'shaH.

L.6- ',!^dert:ak6T '.? accordance with the assessment protocol approved in writingthe Planning Authority and the attached Guidance Notes.

F) The Company shall provide to the Planning Authority the independent consultant'sassessment of the rating level of noise immissions undertaken in accordance withthe Guidance Notes within 2 months of the date of the written request'of'thePlanningÂuthority made under paragraph (B) of this condition unless the time limit isextended in writing by the Planning Authority. The assessment shall include all datacollected for the purposes of undertaking the compliance measurements, such datato be provided in the format set out in Guidance Note 1(e) of the Guidance'Notes"The instrumentation used to undertake the measurements shall be calibrated inaccordance with Guidance Note 1(a) and certificates of calibration shall be submittedto the Planning Authority with the independent consultant's assessment of the ratirlevel of noise immissions.

G) Where a further assessment of the rating level of noise immissions from theDevelopment is required pursuant to Guidance Note 4(c) of the attached'Guidance^?es. '. tt?e co,rTl,pany ?ha11 submit a copy ofthe further assessmentwithin21daysof^-m. issicln. of.?1e..inde?en.cl?nt consultant's assessment pursuant to paragraph (F)above^ unless the time limit for the submission of the further assessment'has" beenextended in writing by the Planning Authority.

AThe cor"Pany sha11 continuously log wind speed and direction at the permanentT?te.orolo?ical_ TaT.t erected ln accordance with this consent and shall continuouslylog power production, nacelle wind speed, nacelle wind direction and naceileorientation at each wind turbine, all in accordance with Guidance Note 1(d). The datafrom each turbine and the permanent meteorological mast shall be retained for aperiod of not less than 24 months. The Company shall provide this information in'the

27

format set out in Guidance note 1 (e) of the Guidance Notes to the Planning Authorityon its request within 14 days of receipt in writing of such a request.

Note: For the purposes of this condition a "dwelling" is a building within the use ofClass 9 of the Use Classes Order which lawfully exists or had planning permission atthe date of this consent.

Table 1 - Between 07:00 and 23:00 - Noise level dB LA90, 10-minute

Location feasting, northing gridcoordinates)

Standardised wind speed at 10 metres height (mis} withinthe site averaged over 10-minute periodsT~2 '34 8 9 , 10 11; 12

A90 Decibel Levels

H'gh Dykes (266884, 638686) 30 30 30 30 1 30 . 30 . 30 . 30 ; 32 34 37 , 39

Gainerhill Cottages(267568. 639679) 30 30 30 30 30' 30 ' 33 ' 36 ' 39 . 42 ' 45 , 47

Hawkwood Farm(268548, 639523) 30 30 30 . 30 30 '; 31 '33 i 36 . 39 ; 41 , 44 ' 47 ,

Lambh'll Steadings'289623.639718) 35 35 35 ' 35 35 . 35 35 35 35 . 37 '40 . 43 .

Kype Lodge (273490,638643) 30 30 30 , 30 30 ' 30 , 30 : 30 , 33 ' 37 ; 41 [ 44_

Bl-rnside (266621. 638321) 30 30 30 30 30 : 30 31 ; 33 : 35 , 37 38 , 40

Glengave! House(266428. 635185)Hamilton Drive (265800, 637427)

30 30 30 30 ] 30 30 ' 30 ' 33 36 ' 39 ' 4:

30 30 30 ' 30 30 , 30 '32 . 34 , 36 ; 37 , 39 \ 41

Logan Farm (273922, 635259) 30 30 30 30 30 ' 30 . 30 '30 '33 ; 37 '41 . 44

Table 2 - Between 23:00 and 07:00 - Noise level dB LA90, 10-minute

Location (easting, northing gridcoordinates)

Standardised wind speed at 10 metres height (mis)within the site averaged over 10-mlnute periods

5 10 12

~Wgh Dykes (266884, 638686)Gainerhill Cottages,267 568. 639679^

33 33 '33 33 33 . 33 '. 33 33 ' 3; 34

33 33 ' 33 : 33 33 ! 33 ; 33 33 : 38 41^f

454047

Hawkwood Farm(268548.639523)

33 33 ' 33 33 : 33 . 33 , 33 34 ; 36 39 45

' Lambhili Steadings(269623, 639718)

35 ~35~'35 ' 35 35 , 35 . 35 35 , 35 35 37 I 39

T<ype Lodge (273490.638643)Bumside (266621, 638321)

33 33 33 33 ' 33 ' 33 , 33 33 33 ^0 39

33 ^33. 33; 33 33 : 33 . 33 33 ; 33 [ 3S34

3836

40

Glengavel House(266428. 635185)

33 33 . 33 33 33 . 33 : 33 33 39

Hamilton Drive (265800, 637427) 33 33 . 33 33 . 33 , 33 . 33 33 , 33 ' 36 : 39

Logan Farm (273922, 635259) 33 ^3' 33 33' 33 33 ; 33 33 33 35 i 39 42

Note to Tables 1 & 2: The geographical coordinates references set out in thesetables are provided for the purpose of identifying the general location of dwellings towhich a given set of noise limits applies. The standardised wind speed aUO^metresheight wTthin the site refers to wind speed at 10 metres height derivedI from thosemeasured at hub height, calculated in accordance with the method given in theGuidance Notes.

28

Reasan:TO safe9uard the noise amenity of local residents in accordance with

29. Traffic Management Plan

?^fl?f!n?nLshall. not commence until a detailed Traffic Management Plan (TMP)has_been, aPPro.YedJn writin9 by_the roads authority. The TMP must be produced'inconsultation with Roads and Transportation Services and Police ScotlancTandinclude a program indicating phasing of construction of the project. The TMP must-ndude T,_travel Plan to encourage less reliance on individual private car trips to thesite for those personnel involved in construction activities on a routine basis aridthose attending through the course of site inspections and site 'meetinas"" Theapproved TMP must be complied with.

L^£c?1parnLshal, Lnotify the plannin9 Authority in writing, as soon as reasonablypractical, of any changes in construction and decommissioning related activitieswhere these will have an impact on the approved TMP. Any changes'to the'TMP.

mustJ3e aPProved in advance in writing by the Planning Authority,"'

in consultationwith Roads and Transportation Services and Police Scotland.

Reason: In the interests of road safety

30. Site Access

RTV.e^rrlen. t.sha.11 n.c'.t commence until the road works upgrade programme requiredfo-r-lb^r^lâdl(d®.?cribed at chaPter 13-S2 of the ES), from e"B743'th?oughLambhill Road to the site entrance, has been completed to the Plannina Authoritv'sapproval.

Reason: In the interests of road safety.

31. Abnormal Load Route Assessment

Development shall not commence until an Abnormal Load Route Assessment°-?AL-is_undertaken. and the report £lnd any recommendations, including aprogramme for the implementation of the recommendations, are submitted to'thePlanning Authority, for written approval. The approved ALRA must thereafter beimplemented.

Any requirements must be implemented prior to the delivery of the abnormal loads.


29

32. Abnormal Load Route Assessment

All wind turbine components must be delivered to site in accordance with theapproved TMP and Abnormal Load Route Assessment.

Reason; In the interests of road safety

33. Bridge Assessment

Development shall not commence until Bridge Assessments, including a Pro9rammefor any required remedial measures, have been submitted to anc' aPProved nwritin'g'by^he "Planning Authority for the bridges listed below. Any remedial worksmust be implemented in accordance with the approved programme.

(a) Cander(b) Glassford(c) Old Castle(d) Browns

These assessments must be carried out in accordance with the Design Manual forRoads 'ancTBridges and must include the full Technical Approval process, ^ theassessment, -the" assessment check appropriate to the category of structureassessment'certificate, assessment check certificate appropriate to the categoryst"ructure~and"preparation of the assessment report. Preliminary results must besubmitted to the Planning Authority for approval before finalising the report.

Reason; In the interests of mad safety


If a bridge has been assessed as not capable of carrying the proposed toads^ thoseloads must not cross the bridge until remedial measures have been approved inwriting by the Planning Authority and implemented.

All remedial measures must be carried out in accordance with the Design Manual forRoads and Bridges and the relevant Eurocodes and must include the full TechnicalApproval process, the design, the design check appropriate to the cate9oryôfst'ructure, design certificate, the design check certificate appropriate to the categoryof structure and the procurement of the physical worksthrough to completion on site.The Planning Authority are the Technical Approval Authority.

Reason; In the interests of mad safety


All of the bridges on the proposed abnormal delivery route must be monitored fm"defects"during°the period that abnormal loads are transported in accordance with the

30

,ue,s'gn.Marlual for Roads and Brid?^with Principal Inspections being carried outJb£-betwee" the company and the plannin9 Authority on~the'oc"cas?ons"d'etaileud

a- E"TOr_.tothe transP°rtation of the first abnormal load identified in the AbnormalRoute Assessment

b' alfourwee.k'y.!ntervals for the ""ration of the period of delivery of abnormalidentified in the Abnormal Load Route Assessment"

c. after the transportation of the last abnormal load identified in the AbnormalAssessment

Fno"owjng th,e, firslmspectiona ,report must be PrePared for each bridge and mustlnc:hJ-de^:.fulL.descl:iPtion of the c°"dition of alF the "bridge" elemaents""beforelt';ans,portatlon. ofthefirst. abnormal load- The type and extent"oTany'defe°cts3 m^tutecâriLTarted. on drawings and. supPOrted byphotographs. ' ''This'repo'rtTstoôr^

for the defects monitoring regime and must be updated" after "e'wry

^durm£a,n inspectionLa_defect, is observed that gives the Planning Authority cause

fo'. concem. nofurther abnormal loads must crosslhe bridge until'th'e'issu'e'h^^^resolved to the satisfaction of the Planning Authority.



Any-proposals' ,indudin9 calculations for a bridge requiring to be overlaid with a steel' or-sm. ','arto ensure that the load exerted on the structure does not exceecTthat^normal construction and use vehicles must be forwarded "to'The'P'lanmn

^S foLapproy-EILand_the_ aPProved Proposals must'be'implemented p"ri^"t^loads being transported over the bridge.

Y<ehS carKrymgabn-orma"oadsmust cross anysuch brid9e at a maximum speed-5mph-.. NO. I:)rak.ing' gear cha"9'n9 or manual steering" onhei "rear"'t'ra^F^

P^Ttelon>thebridge;. only.one vehiclecarîn9 an Abnormal loadt,hLbr'dge.,s't:anyone, time- A".. reasonabte steps must~be'taken"to en^re"tl^ unoother vehicle is on the bridge at the same time as the abnormalload"

Reason: In the interests of mad safety

37. Habitat Management Plan

At least 3 months prior to commencement of the Development-;

Lat e-draftHabitat Mana9ement Plan (HMP) must be finalised and submitted to thefor approval in consultation with SNH, SEPAan'd

Commission Scotland. The HMP shall set outproposed habiiat"manageênt"3

31

site during the period of construction, operation decommission^restora^nâ^^re'^lthe'site"and shailprovideforthe m^rtenance. "[.o^°""9OTd^P^1^^^"h^^'^nd"qualifying'species associated e ^T^NOrthôwt'haer'Upk ia^ds SPA w"site:"^-he HMP should be prepared in accordance with:

. SNH letter dated 8 April 2015 to help reduce ^ potential _col"sion_rekJoJ^PA^ h'êrs""and to" monitor impacts; and explore reducing the extent of theHen Harrier enhancement area proposed to the south of the site.

. SEPA"lettersdated~28 November 2014 and 3 June 2015 relating to forestryand habitat restoration . _ _. _-__>" . "*:.

. RSPB'fetter dated 15 April 2015 relating to a programme of post ibird monitoring to be agreed with RSPB and SNH

(b) A Habitat Management Group^(HMG)^ must êstablished ^ oêîfe'n'Land"deii'^'ery"of'the-HMP and'to review and assess^ the^ results frôr

S'ônatnoarinTJdytte H'MG shall Fndude representatives "[So^^Lanatehi^°cS, ^"P'B"' 'S^' aund'CFo^st'ry"C"o'mmii ssion "Scotland a"d^_ha"âve^powers to

mak'e"reasona"ble changes to the HMP necessary to deliver its agreed aims.

(c) Notwithstanding the above:

. Site clearance activities and where possible, co nstruction musUak^plac^^ Te'b^d"~breeding;season^(March-July)încluswûêss^h^^^^^v'ed'Tn ad^ncein"witing"by the Planning Authority in consultation with

. n'e'HMP is to operate for the full lifespan of the wind farm, includingdecommissioning.

. The mitigation identified in the HMP must be fully implemented ^ _^_'. Su^'eill aan"ce"and~monitoring results of species and habitat mustte carried out

in"accordance with the approved plan and submitted to the HMG.

The aooroved habitat management plan must include provisionôr^gul^mocnitomTand review to "be'undertaken to conside^whetheâêndm^^'neuedeudtoab:terme'etthe~habitatpTan'obiectives. Jnpart^^the^p^m?nuacgueêunTlplanm"ustl bei7pdatedto^reflect^roun^co^dJfc^^;31^î°^^^LEt heâte^, F'na'S!î^^îi sS?Se^tte"<PlaS"Authorityforr written approval in consultation with SNH,

Forestry Commission Scotland.

Unless otherwise agreed in advance in writing with the Planning Authority, theapproved'habitat management plan shall be implemented in full.Reason: To ensure compliance with all commitments made in the EnvironmentalStatement and in order to retain effective planning control.

38. Access Management Plan

No development shall commence until a detailed AccessManageên^PlanÂ^h'ausubeve:û'bîtted°to, "anid approved in writing by, the Planning Authority. The AMP

32

shall be produced in consultation with the local authority's Countryside andGreenspace Services and a programme of community consultation shall beundertaken on a draft AMP. Proposals shall incorporate and identify the localauthority's Core Path and Wider Network and provide signage where the networkidentifies links. The approved AMP must be implemented in full within thetimescales set out.

Reason: In the interests of amenity and in order to retain effective planning control.

39. Programme of Archaeological Works

At least 1 month prior to commencement of the Development the Company musthave secured the implementation of a programme of archaeological works inaccordance with a written scheme of investigation. The written scheme must havebeen agreed to by the West of Scotland Archaeology Service and approved by thePlanning Authority. Thereafter the programme of archaeological works must be fullyimplemented and all recording and recovery of archaeological resources within thesite must be carried out to the satisfaction of the Planning Authority in agreementwith the West of Scotland Archaeology Service.

Reason: To minimise adverse impacts on archaeology on site and to ensuredevelopment conforms to Environmental Statement.

40. Replanting of Forestry

Development shall not commence until a woodland planting scheme to compensatefor the removal of a maximum of 82 hectares of existing woodland ("the ReplantingScheme") has been submitted to, and approved in writing by, the Planning Authorityin consultation with Forestry Commission Scotland.

The Replanting Scheme must comply with the requirements set out in the UKForestry Standard (Forestry Commission, 201 1. ISBN 978-0-85538-830-0) and theguidelines to which it refers, or such replacement standard as may be in place at thetime of submission of the Replanting Scheme for approval. The replanting Schememust include-;

a.

b.c.

d.

e.

f.

details of the location of the area to be planted;details of land owners and occupiers of the land to be planted;the nature, design and specification of the proposed woodland to be planted;details of all consents required for delivery of the Replanting Scheme andtimescales within which each will be obtained;the phasing and associated timescales for implementing the ReplantingScheme;proposals for the maintenance and establishment of the Replanting Scheme,including annual checks, replacement planting, fencing, ground preparationand drainage; and

33

g. proposals for reporting to the Planning Authority on compliance withtimescales for obtaining the necessary consents and thereafterimplementation of the Replanting Scheme.

The approved Replanting Scheme (or; as the case may be, an approved amendedReplanting Scheme) shall be implemented in full, unless otherwise agreed in writingby the Planning Authority after consultation with Forestry Commission Scotland.

Reason: To secure replanting to mitigate against effects of deforestation arisingfrom the development.

41. Forestry Replanting Delivery

Unless otherwise agreed in writing by the Planning Authority, the Development shallnot be commissioned to supply electricity on a commercial basis until all relevantconsents necessary for implementation of the approved Replanting Scheme referredto in condition 40 in accordance with the phasing and timescales set out therein havebeen obtained.

In the event that there is no reasonable prospect of the relevant consents necessaryfor implementation of the approved Replanting Scheme being obtained, then theCompany shall submit an amended Replanting Scheme to the Planning Authority forapproval in consultation with Forestry Commission Scotland. Unless otherwiseagreed in writing by the Planning Authority, the Development shall not becommissioned to supply electricity on a commercial basis until all relevant consentsnecessary for implementation of the approved amended Replanting Scheme inaccordance with the phasing and timescales set out therein have beenobtained.

Reason: To secure replanting to mitigate against effects of deforestation arisingfrom the development.

42. Forest Plan

There shall be no commencement of any deforestation, as set out in conditions 40and 41 of this consent, associated with construction of the Development until aForest Management Plan covering the 28 year consent period had been approved inwriting by the Planning Authority in consultation with SNH, Forestry CommissionScotland; and RSPB. Unless otherwise agreed with the Planning Authority theapproved plan must be implemented.

Reason: To minimise adverse impacts on forestry.

43. Private Water Supplies

Development shall not commence until a method statement has been submitted to,and approved in writing by, the Planning Authority. The method statement shall

34

S^TSSsâ^'a^sy "w -M44. Waste Management Plan

s"-'ro mm""/se ewro/?m^/ -p^ anc/,/, 0^. to /ete. effective plenning

b.c.

45. Peat Slide Risk

"

d. set out method statement: ~ '" r""""

e. describe how important areas of peat will be protected during constructiont^h^Ta pS^^^^^^ sha" be -ertaken , n acco.dance w,th the

^^rS;^ld£^riû^^^v;tht^scottreh. G°vernrnent.sôsÊl^êSS, ^;eKeSessments; -Best^^^^^

S^SsfâeTs e impacts on P6at and ensure d^'°P^nt conforms

35

46. Peat Management Plan

Deye^ment ^LrL^S ^ o^S^^s^

June 2015.

Reason: To minimise adverse ir.pects on peat and ensure development conformsto Environmental Statement.

47. Construction

During the construction period:-

a..

S: 3SS^^=j="mu" P- °'1 iS^^sss^.,., »,»-^.» .«.

;

:Scheduling of works shall minimise disruption and working within wet

^m?oea;ry works interception drains_shall be constructed to prevent potential. s5^"S2^r?^, "..^;"r^n* ." "01: SSS'Ss^'-. -b-.. ^^StSSSe sM- be used to prevent leaching of c^cal,

Reason: To minîse enviêntal paat and in order to rete, n effective planningcontrol.

f.

h.

k.

I.

36

48. Redundant Turbines

.

f.LattT.rlh;!-.I:>f^°J_Final commissioning but before the Decommissioning Date, anywind turbine fails to generate electricity for a continuous period of 12 months, 'thenunless otherwise agreed in writing by the Planning Authority, the Company'shaii; '

(i) byno later than the date of expiration of the 12 month period, submit a scheme tothe_planning Authority settin9 out how the relevant turbine(s)-ancT associatedinfrastructure will be removed from the site and the ground restored; and(ii) implement the approved scheme within six months ofthedateofitsaDDroval. allto the satisfaction of the Planning Authority. . - -rr. -. -,

Reason; To ensure that any redundant wind turbine is removed from Site. in theinterests of safety, amenity and environmental protection.

49. Snow Clearance

Only mechanical means of snow clearance shall be used to clear access tracks.unless otherwise agreed in writing by the Planning Authority.

Reason:T° minimise the environmental impact of snow clearing operationsavoiding the use ofchemicals or salt without explicit approval.

50. Site Decommissioning, Restoration and Aftercare

Tte .Develop. ment wi"cease to 9enerate electricity on the Decommissioning Dateand the Site will thereafter be decommissioned and restored in accordance with thisconsent. The total period for restoration of the Site in accordance with this" condition-la Lnotexceed. three years from the Decommissioning Date without prior writtenapproval of the Planning Authority in consultation with Scottish Ministers.

Development shall not commence until a decommissioning, restoration and aftercarest.rate9y.has beensubmittecl to-an.d aPProved in writing by the Planning Authority inconsultation with SNH and SEPA. The strategy shall'outline measures" for'thedecommissioning of the Development, restoration and aftercareofthesiteand will^.ci^-e'_.witl?out limitation. proposals for the removal of the Development, thetreatment of ground surfaces, the management and timing of the'works" andenvironmental management provisions.No later than;

(l)Jf-theDecommissior"ng Date. is the Original Decommissioning Date 3 years pricto Original Decommissioning Date or(H) if the Decommissioning Date is the Early Decommissioning Date, within onemonth after the Early Decommissioning Date.

-:_d.T!?Hed. ?,ecommissioni!1g' restoration and aftercare plan, based upon the?-c?ôf, tt?_e J?PPL<?ved decommissioning, restoration and aftercare strategy shallbe submitted to the Planning Authority for written approval in consultation with SNH

37

and SEPA. The detailed decommissioning. restoration and aftercare plan mustprovide updatecTand 'detailed proposals for the remoya l. oftheDeveloPment'^

treatment'" of 'ground surfaces^ the management and timing of the worksenvironment management provisions which shall include:

a. a site waste management plan (dealing with all aspects of waste producedduring the decommissioning, restoration and aftercare phases);

b. details of the formation of "the construction compound, welfare facilities, anyareas of hardstanding, turning areas, internal access tracks, car parking,material stockpiles, oil storage, lighting columns, and any constructioncompound boundary fencing;

c. a dust management plan; .... ..,, __:_d. details of measures to be taken to prevent loose or deleterious

deposited on the local road network including wheel cleaningI and JOITy

sheeting "facilities, and measures to clean the site entrances and the adjacentlocal road network; ....

e. a pollution prevention and control method statement, including arrfor the storage and management of oil and fuel on the site;

f. soil storage and management; , __,.. ^:.a'surface'water and groundwater management and treatment plan,detail's "of the'separation of clean and" dirty water drains, and location ofsettlement lagoons for silt laden water;

h. sewage disposal and treatment;i. temporary site illumination; ."_,:.'}. the construction of any temporary access into the site and the creation

maintenance of associated visibility splays;k. details of watereourse crossings; ^ ......1. a species protection plan based on surveys for protected species

birds) carried out no longer than 18 months prior to submission of the plan.

The Development shall be decommissioned, the site restored ândaftercare" undertaken in accordance with the approved plan, unless otherwiseag'reedm writTng'in advance by the Planning Authority in consultation with SNHSEPA.

The approved plan and works within the Decommissioning Method Statement shallbe implemented and overseen by an ECoW.

Reason; To safeguard environmental impacts, ecology, species and habitats^to'ensum'devetopment conforms to Environmental Statement and maintain effectiveplanning control.

51. Aviation Safety

shall not commence until the Company has provided the Ministry ofDefence'""Defence ' Geographic Centre and NATS with the following detailedinformation-and has provided evidence to the Planning Authority of having done so:

38

a.

b.

c.

d.e.f.

estimated date of commencement of each phase of construction (followedactual date once known);estimated date of completion of each phase of construction (followedactual date once known)the height above ground level of the tallest structure:the maximum extension height of any construction equipmentthe height and position of the turbines in latitude and longitudethe height and position of the masts in latitude and longitude

g. site lighting, if appropriate

Reason: In the interests of public safety.

52. Aviation Lighting

No turbines may be erected until a scheme for aviation lighting has been submittedto, ^ and approved in writing by, the Planning Authority. The scheme" shall" include

'Isofinfra-red aviation lighting to be "applied. 'No lighting other-than"thatin the scheme may be applied at the site, other than as required for health

safety purposes, unless otherwise agreed in advance andinwritina'bv"thePlanning Authority.

The Development shall thereafter be operated fully in accordance with thescheme.

Reason: In the interests of public safety.

53. Deer Management Statement

Development shall not commence until a deer management statement has beensubmitted to, and approved in writing by, the Planning Authority in'consultation~with

Jhe. -dee1'. management statement shall set out proposed "long "termm^Tagemenlof_deer usin9. ths wind farm site and shall provide for the monitoring'of

numbers on site from the period from Commencement of Development until thedate of completion of restoration. The approved deer managementTtatement'shaN

be implemented in full.

Reason: In the interests of good land management and the management of deer.

39

Definitions

In this consent and deemed planning permission:-

"the Application" means the application submitted by the Company on 14 October2014 for construction and operation of the Development.

-Commencement of the Development" means the date on which Development is tobe"taken as begun in accordance with section 27 of the Town and Country Planning(Scotland) Act 1997;

"the Company" means Banks Renewables (Harting Rig Wind Fam^_um!ted'registration 8791006). United Kingdom or such othN personjas from time

to'tim'ehas'ttie benefit of the consent granted under section 36 of the Electricity Act1989.

"Construction Period" means the period from commencement of the Developmentunt]i'"the"date 6 "months after the Site compounds have been reinstated inaccordance with the conditions of this consent;

" the Development means the development described in part 1 of Annex 1

"the proposed development" means the Development described in Annex 1"Environmental Statement" or "ES" means the Environmental Statement submittedby the Company with the Application on 14 October 2014;

"Date of First Commissioning" means the earlier of (i) the date on which electricity isfii'^t"exoorted "to the grid network on a commercial basis from any of thetur'bine's'forming part of the Development or (ii) the date falling twenty four monthsfrom the date of Commencement of Development.

-Date of Final Commissioning" means the earlier of (a) the date on which electricityis'exported'to'the grid on a" commercial basis from the last of the wind turbinesformiiig"part'of'the°Development; or (b) the date falling eighteen months from the

date of First Commissioning.

"Decommissioning Date" means the earlier of (i) Early Decommissioning Date o^(n)the Original Decommissioning Date. Early Decommissioning Date means anyâfter'th'e'Date "of Final CoiT^missioning that the Development does not generate

ric'rtv on'a comme'rcial basis to the'public network for a continuous period of 12months'from 50% or more turbines installed at the Date of Final Commissioning,Original Decommissioning Date means the date falling twenty five years from thedate of Final Commissioning.

"Operator", in respect of conditions 5 and 6 of this consent, means NATS (En Route)"incOTDO'ratecT under the Companies Act (4129273) whose registered office is

400'0"P'arkway7whiteley, Fareham, Hants P015 7FL or such other organisationlicensed"from"time to time under sections 5 and 6 of the Transport Act 2000 to

40

provide air traffic services to the relevant managed area (within the meaning ofsection 40 of that Act).

"Planning Authority" means South Lanarkshire Council.

"Primary Radar Mitigation Scheme" or "Scheme", in respect of conditions 5 and 6 ofthis consent, means a detailed scheme agreed with the Operator which sets out themeasures to be taken to avoid at all times the impact of the development on theLowther Hill, _Cumbernauld and Glasgow primary radars and air trafficoperations of the Operator.

"Site" means the area of land outlined in red on the map (Annex 4) attached to thisconsent;

41 6ju^-i

ANNEX 3

Summary of Consultation Responses

South Lanarkshire Council a statutory consultee and the relevant PlanningAuthority assessed the proposed development against the relevant LocalDevelopment plans and policies, namely;

. Glasgow and the Clyde Valley Strategic Development Plan (2012)

. South Lanarkshire Local Plan (adopted 2009)

. SLLP Supplementary Planning Guidance: Renewable Energy (December2010)

. Proposed South Lanarkshire Local Development Plan (May 2013)

The Planning Authority have no objection. Subject to the refusal of consertfo[turbines'numbered T1^ T2 and T3, they consider that the development is consistentwith relevant Scottish Government policy and guidance. It is consistent with theSouth Lanarkshire Loca! Plan and SPG Renewable Energy subject to conditions andmitigaUon'measures being implemented and it is also injiccord with relevant_P°licôf"athe~"South~Lanarkshire Local Development Plan and the associatedSupplementary Guidance.

Scottish Natural Heritage (SNH) have no objection subject to conditions inrelation"to"Muirkirk and "North Lowther Uplands SPA and associated MuirkirkUpiands Site" of "SpecialI Scientific Interest (SSSt). SNH req"irethej)rovis^nofdetailed Habitat Management Plan (HMP) prepared in accordance with the adviceset'out by them in their response to be approved by the Planning Auth<wty._]nconsuitation'with SNH and RSPB. They further require that the proposed^ 20^ yearforest'pian is extended to cover the full'consent period of the wind farm. Ministershave imposed conditions which give effect to these requirements (see Annex Âithough'not'the'basis of an objection SNH also raised concerns in relation^tothecumuTative landscape and visual'impacts and significant adverse landscape impacts.SNH consider the proposal would have adverse visual impacts from the Avon Valleyand the footpaths associated with the Auchengilloch Monument. They also note thecomparatively large size of the proposed turbines when consideredinrelatl^nt^têadjarentwind farm turbines. S'NH advised that wind turbines one to fiv^shou^beomitted to reduce the negative impacts of the proposal. Having considered therelevant'view" points and" taken account of both SNH's and South LanarkshireCouncii's landscapeand visual concerns Ministers are satisfied that the refusal ofconsent~foi: turbines numbered 1 through to 3 satisfactorily minimises the impact toan acceptable level.

SNH advised of the connectivity between the proposed development and theMuirkirk'and" NorthLowther Uplands SPA and that the requirements of theConservation of Habitats and Species Regulations 2010 (the Habitats Regulations)

"Consequently Ministers must consider the_effects of the development beforeco?isenting"such applications. A Habitats Regulations appraisal has beenundertaken which concludes that provided the proposal is undertaken in accordance

42

with SNH's mitigating conditions, the integrity of the SPA shall not beaffected.

Scottish Environment Protection Agency (SEPA) advised they have noobjection provided conditions are included covering effective mitigation aimed atmaintaining the hydrology within the groundwater dependent wetlands identified onsite, and requiring both a Peat Management Plan, and a Habitat Management Planto include details of bog restoration within the felled areas. The identified mitigationmeasures having been secured by way of planning conditions (see Annex C).Other Parties

Association of Salmon Fishery Board recommended that Clyde River Foundationare consulted and that Rivers and Fisheries Trusts of Scotland (RAFTS) guidelinesare fully considered throughout the planning, construction and monitoring phases ofthe proposed development. Ministers note that the Clyde River Foundation advisedit was unable to respond to the requested consultation.

British Telecom (BT) have no objection. They advised the proposal should notcause interference to BT's current and presently planned radio networks.

CH2MHILL (formerly Halcrow Ltd. ) undertook a review of the Peat Slide RiskAssessment. They recommended mitigations that require to be secured throughcon ditions including undertaking further peat probing to more comprehensivelycharacterise the depth of peat across the site. Conditions giving effect to theserecommendations have been imposed.

Civil Aviation Authority (CAA) have no objection. They are content that theappropriate aviation consultees have been identified. They instructed that theDefence Geographic Centre should be notified of the locations, heights and lightingstatus of the turbines and meteorological masts, the estimated and" actual dates ofconstruction and the maximum height of any construction equipment to be used,prior to the start of construction, to allow for the appropriate inclusion on AviationCharts, for safety purposes. Ministers have imposed conditions to give effect to thisinstruction.

The Crown Estate raised no objection as they are not affected by this proposal.

Defence Estate Organisation (MOD) have no objection. The MOD originallyobjected to the proposed height and location of turbines as they would impact on aow flying area. However, after further reassessment of the impact they withdrewtheir objection. In the interests of air safety the MOD requests that the perimeterturbines and wind monitoring masts are fitted with aviation lighting. Ministers haveimposed a condition giving effect to this requirement.

Forestry Commission Scotland (FCS) have no objection subject to the inclusionof conditions to secure compensatory planting to replace the deforestation arsing asa consequence of the development Ministers have secured compensatory planting,for the deforestation associated with both the development and habitat

43

enhancement, by way of a planning condition, in accordance with ScottishGovernment's Woodland Removal Policy.

Glasgow Airport raised an initial objection on the grounds that the proposeddevelopment would cause an adverse impact on the airport's Primary SurveillanceRadar'and associated air traffic operations without suitable mitigation beingidentified. Following agreement between Glasgow Airport and the Company, on anidentified mitigation" solution, they withdrew their objection subject to conditionsregarding radar mitigation. Ministers have given effect to the requirements of thisnon-objection and have attached the appropriate conditions to the section 36consent.

Glasgow Prestwick Airport have no objection They withdrew their o"9ina1objedion after entering into a commercial agreement with the developer to faci itatethe'identification, development and deployment of a mitigation solution to mitigateany detrimental impact on their Primary Surveillance Radar affecting Air TrafficControl Services.

Historic Environment Scotland (HES) have no objection. HES reviewed theassessment in the ES and the potential impacts for the heritage assets. They agreewith the conclusions reached that the impacts on heritages assets within their remitare not likely to be significant.

Joint Radio Company (JRC) reported no issues with respect to radio linkinfrastructure operated by Scottish Power and Scottish Gas Networks.

Marine Scotland Science (MSS) have no objection. MSS made recommendationsand gave advice in respect of establishing a robust baseline water quality dataset 12monfhs prior to construction, avoidance of excessive leaching of nutrients intowatercourses, consideration of the potential cumulative impacts on water quality andfish populations and avoidance of excessive disturbance of peat. The advice andrecommendations set out in their response have been incorporated into anEnvironmental Management Plan and included as a condition.

National Air Traffic Services Ltd (NERL Safeguarding) examined the proposalfrom a technical and operational safeguarding aspect and identified a conflict withNATS (En Route) Pic's safeguarding criteria. A technical solution has beenidentified and agreed between the Company and NATS. They have no objectionsubject to the imposition of a condition to implement the technical solution inadvance of turbines being erected. Ministers have accordingly imposed thespecified condition.

RSPB Scotland have no objection subject to requirements which include a postconstruction bird monitoring scheme, an extension to the current 20 year forest planto cover the lifespan of the wind farm, a finalised Habitat Management Plan (HMP) tocover the full life'span of the wind farm including restoration and the establishmentof a Habitat Management Group (of which RSPB should be a member) for the sameperiod of time. Ministers have imposed the appropriate conditions which give effectto these requirements.

44

sra",dfonl. a"lu,pperAvondalecomm""ity council have "° objection. They arebroadly supportive of the proposed development"""" ""'" "" ""J°*'"""-

.

SShhAwater. have*"° obiectJonsubject to conditi°ns relating to the protection of

.

^t^^'SJSSete^RTrementsonthe"dewro Per"to"i^ôtti^wateLlsseteJn. d. specifymeasures'to"be'ta^^^!^Lb n .i30 rated Jnto..,a constr"ction Method"Statemert"'^hrc h lh^cb^n'secured by Ministers in a condition.

fsc^ttjs,h w"d!ife:Trust_(SWT) object to the Pr°P°sed development in its current-(:lue-,to-slgnificant impacts on'Peatlands though wourd coFiside'r its position" i'f

^1 crfJeeSop^were aYoided^Ministers are satisfied't-hat'the"adviceKgrve^"byÂand»CHiM HILL_on. pea.t;incoToratedintoconditi0^

s concerns in relation to the avoidance of construction on deep peat.

irhoeoscottish. righte.. ofAccess.a"d ways society (ScotWays) - object on the

Sisthoef^LT^^Lt^rb;leJ^, aê^lys^^^^^ °"n 1^^hve/Sh lT.mbly. G^nmen^s Technica'A^^^ênergy, lTAN8)_that. the di.stance of the turbine from the"co~re~ path" should TeTte?quw,a!en"otheheightofthe blade ti.P Cn this Proposal: T52metre"s); s'edTn N'1^re-ference. to the. proximity. of windi turbines' to "public

'

highways or'^wav"Hn'el^^Jwte, ^(so^nari<shir;"c^s''rûn^^^ 1SSler^h raled^-concernsin this resPect A c°"diti°"n"req"uimguarA oc^slr& i". rerog.nit lon-°Lthe imP°rtance;of-outdoor'access"'for"'thea h'e'ait'h'^^ss^ss-ss^^âsperthe p[=^^^âRIAPOrt scot!a/1d '-.'!""_ cons"ltante-.Trunk Road and Bus Operations (TS-

:OLOn-behalf of. TransPort Scotland has no objection "subjecT'to'ôndition'scovenn9 approval of.. the. abnormal loads route on~Yhe"truck"'road n"eôrk'"an'âpprovaLofl. any_additlonal si9nin9°r_ temporary traffic control m~easures"deemednecessary-during. the ,delivery penod of the wind turbine construction~mate'rials. '"Theappropriate condition have been imposed by Scottish Ministers.

^SKnsQcotIlndLhaye "o-oblect!on;., Ministers note their recommendation that anypotentiaL detriment£" . imPact; .visually, environmentally" and "economlc'al'lv, "'^f ^proposed development on tourism should be identified and considered 'mW'.

The following bodies responded to South Lanarkshire Council

E.ast,AyrehJ.recounc" hi9hli9hted their concerns about the cumulative impact of theproEosed. development but acknowledged that the prime imp-acts"wiirb erfeitl to th'^'wrtôftte. sitearld most notably around South Lan'arkshire"stretch"oftheA7l 1l"Eas1^re!"1co"nc"-. is-,genera"y satisfied .that thlere wi"~be "no" significanTly"adverTelandscape and visual impacts within East Ayrshire^

stra avencomm""ity counc" raised concerns regarding interference to both civilard.defewlrad, ar..systems. in re!ation to Glas90w an'd'Pre's'twick"Airportsl as"a"res'uvl't^tle»effe^^t. urbine-'nducecl dutter °" the aPProach'paths" C^ce°m°oGe^huelaccess to Auchingilloch monument for walkers was raised," along with'concem that

45

visual impact and cumulative effect of wind msww_b^xacwbated, ^'^p'r&oupaosedpd°evero pment'iTcoffish Ministers are content^that the matters raised have

beern satisfactorily addressed by the relevant consultees.

Stonehouse Community Council raised no objection and suPP°rts ^pôse^rT 'h'Îw'elcJome~the applicant's willingness to engage_and_consult^

^'l=îtie:and"theirap^^j^^^^^^^^^^Tn'du'forioca'l'communrtre s."Stonehouse Community Council^considCTât^^R^^^^'de^^â^mg^^dô^^tDoa't'h^ wrdeT"c°o'mmunity' andhave'kept the Community^Council_updated with the

a"pplication~ancTprovide details on the visual aesthetics of the scheme.West of Scotland Archaeology ServiceJWOSAS^genejally^gree^with^ê^s^'cômpai^seT^the^ ^COTê^>P^JS ^^tou"ha"vT'aon"imp"act"OT "archaeology and cultural heritage thft,wouldjl er;tûeco'ên°dati'o'n7o'r refus^^^WOSASadv^âl^;t^ SUJJS ?coou?sebnet^'ed''l'n7aun'app ropriately^ wo7de^ condition^ s^^re d. °"ScottishrMmisters'have imposed a suitably worded condition to

account of the required mitigation measures.

The following bodies had no comments:

Lesmahagow Community Council, Clyde River Foundation, John Muir rust,Mountaineering Council of Scotland, Ofcom

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5 - Showing Excluded DevelopmentT1, T2T3 and Met Mast

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KeySite Boundary

[») Proposed Turbine Location

New Access Track

Upgrade of Existing Track

Consented Kype Muir Access Track

Construction Compound(135m x 75m)

Control Building(42m x 28m)

Crane Pad

(45m x 28m)

Passing Place

Proposed Borrow Pit Location

0""'~ Water Crossing (new)

0""-" Water Crossing(upgrade of existing)

~8FT\ Scottish Power Construction-^-1 Compound (72m x 72m)~gpT\ Scottish Power Control-E2-I Building (35m x S5m)

Permanent Met Mast andCrane Pad

0

Notes:

0

Revision: j Description:

Scale:

Om 200m

Dm: | Chkd: I Date:

600m 1km

400m 800m

Source information:

Dmm:BW/CRM| Ortg':RM | Check«d:RM | App':29. 09.U-"".£!'!"?dala reprndll d frora a" os Pfo((ul:t b> f»miB8i°n °r Ordnance Supfey ® on behalf of the

ontroUer of HBI Majesty's SfaBonsry Oflice. © Cnmn Copy-[fBht(-201r 4).~Aiinght8 i'eSBm>d"AL°1'OOoTre30

Planning Application September 2014Drawing PA03

Project:

Kype Muir ExtensionTrtle:

Site Layout Plan (Construction)Scale:

1:20000@A3Ref:

HJB/TA812/69Sheet:

1/2

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