EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE: 15 MARCH 2013

12/0791/PP: ERECTION OF AN 80 METRE HIGH METEOROLOGICAL MONITORING MAST

AT ENOCH HILL NEAR DALMELLINGON

BY E.ON CLIMATE AND RENEWABLES

Report by Head of Planning and Economic Development

Click for Application Details: http://eplanning.east-ayrshire.gov.uk/online/caseFile.do?category=application&caseNo=12/0791/P

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EXECUTIVE SUMMARY SHEET

1. DEVELOPMENT DESCRIPTION 1.1 The proposed development consists of a single meteorological mast of 80 metres in height supported by guy wires. The mast will be used to collect data for a proposed wind farm on the site which is expected to be submitted in the near future.

2. RECOMMENDATION 2.1 It is recommended that the application for Planning Permission be approved subject to conditions. 3. CONCLUSIONS 3.1 Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997 require that planning applications be determined in accordance with the Development Plan unless material considerations indicate otherwise. 3.2 The relevant policies of the development plan relate primarily to the rural environment and protection of landscape. The proposal, given its height and vertical emphasis, will be visible when viewed from some short distances. However, being visible does not automatically imply that there would be an adverse impact on the landscape setting through being unduly visually prominent or adverse impacts on the setting of either the landscape or important landscape features. In this case the mast design and its position within the landscape ensure that any adverse visual impacts are minimised to

an acceptable level. Furthermore, the temporary period, restricted to 18 months, of permission requested and the minimal physical footprint of the proposal both further mitigate the long term effects of the proposal on the landscape and the general surrounding area. 3.3 The material considerations of this development, with the exception of the letters of objection, indicate that the proposal is generally acceptable. The objectors raise concern over visual and landscape impact as well as the impact on the Dark Sky Observatory. As noted above however, it is considered that the mast design and position ensures that its visual impact is minimised when viewed from the settlements and wider area and that local visual impacts are not significant. As indicated above given the distance between the Observatory and the Met Masts the impact of the safety lighting upon the Observatory is considered to be minimal. CONTRARY DECISION NOTE Should the Committee agree that the application be refused contrary to the recommendation of the Head of Planning and Economic Development in terms of the principle of the proposed development, then the application will not require to be referred to Council as it would not represent a significant departure from Council policy. Alan Neish Head of Planning and Economic Development Note: This document combines key sections of the associated report for quick reference and should not in itself be considered as having been the basis for recommendation preparation or decision making by the Planning Authority.

EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE: 15 MARCH 2013

12/0791/PP: ERECTION OF AN 80 METRE HIGH METEOROLOGICAL

MONITORING MAST AT ENOCH HILL NEAR DALMELLINGON

BY E.ON CLIMATE AND RENEWABLES

Report by Head of Planning and Economic Development

1. PURPOSE OF REPORT 1.1 The purpose of this report is to present for determination an application for planning permission, to be considered by the Planning Committee under the scheme of delegation as the application has attracted more than 10 separate objections. 2. APPLICATION DETAILS 2.1 Site Description: The site is located 7.2 km south west of New Cumnock, 8.3 km east of Dalmellington and 2.7 km south of Dalleagles and is to be located adjacent to as Chang Hill. The area within the East Ayrshire Sensitive Landscape Area and is part of the “Southern Upland” as identified in the Ayrshire Landscape Assessment 1998 and part of the Provisional Wildlife Site Connel Burn /Benty Cowan. 2.2 Proposed Development: The proposed development consists of a single meteorological mast of 80 metres in height supported by guy wires. The mast will be used to collect data for a proposed wind farm on the site which is expected to be submitted in the near future. 3. CONSULTATIONS AND ISSUES RAISED 3.1 East Ayrshire Council Roads Division has raised no objections.

Noted.

3.2 East Ayrshire Council Roads Division Lighting Section have indicated that the light output from this warning light is extremely low about 314 lm and distributed in a symmetrical pattern. By comparison a normal street light would have an output of circa 5000 lm or higher. Even a flat glass lantern has some light output above the horizontal field and light reflected from the road may well give higher luminance figures than the light on the mast. That said it

would be a prominent landmark against a largely dark sky but would not in my opinion cause any significant skyglow or other detriment other when looking directly at the mast.

The views of the Roads Division indicate that they consider the impact of warning lights on the dark Sky observatory not to be significant. However given the lack of scientific evidence from either the Dark Sky Observatory or the applicant it is considered that a precautionary approach should be taken and the length of the Temporary consent be held to 18 months instead of the three years requested.

3.3 Scottish Natural Heritage has no objection to the proposal but as records of Black Grouse, Curlew, Otter and Snipe have been recorded in the Enoch Hill area they recommend the following matters are addressed in conditions of any consent to further minimise any adverse ecological impacts arising from the proposal Those matters referred to relate to survey work and mitigation measures for Bats Birds and Otters. The consultation also indicates deep peat in the locality and the presence of Red Squirrels in the adjacent woodland neither of these matters are affected by this proposal. .

Conditions can be attached to any grant of planning permission addressing these matters.

3.4 The Ministry of Defence has no objections subject to conditions regarding aviation lighting and that they are provided with appropriate data to allow aeronautical charts and mapping records to be amended. They recommend that the lighting of the mast be either by a minimum intensity 25 candela omnidirectional red light or equivalent infra red light fitted at the highest practicable point of the structure.

Conditions can be attached to any grant of planning permission relating to these matters.

Noted.

3.5 Glasgow Prestwick airport has no objection to this proposal but note that any future proposed turbines would be fully visible to their primary surveillance radar which would be unacceptable to their air traffic control.

Noted. 3.6 National Air Traffic Services (NATS) and BAA Safeguarding have no objections to the proposal.

Noted. 3.7 New Cumnock Community Council and the Civil Aviation Authority have not responded at the time of writing.

Noted.

4. REPRESENTATIONS 4.1 The application has been subject to 23 objections including one from Dalmellington Community Council, a summary of which is provided below: Given the requirement from the MOD to have warning lights on the Met Mast, such equipment will have a detrimental impact on the ability of the Dark Sky Observatory to operational efficient. These lights will appear like daylight in the imaging equipment within the Observatory.

The importance of the Dark Sky Observatory as a unique development within Western Europe, with the significant potential for tourism, is recognised and supported by East Ayrshire Council. However, it is noted that on this occasion, the proposed Met Mast is located a considerable distance of 9km to the northeast of the Dark Sky Observatory at Craigengillan Estate Dalmellington and that there is no direct line of sight between the met mast and the Observatory.

As can be seen from the Consultation response from EAC Roads Lighting Section, given the relationship between the met mast and the Observatory, in conjunction with the expected output from either type of warning light required by the MOD, that the lighting would be unlikely to have an impact on the efficiency of the Observatory equipment. However, given the lack of scientific evidence from either the Dark Sky Observatory or the applicant it is considered that a precautionary approach should be taken and the length of the Temporary consent be held to 18 months instead of the three years requested.

4.2 The scheme fails to accord with Policies Tour 1, PROP2 , PROP3, ENV 3, ENV14, ENV 16 ENV17, PROP 24 CS12 and CS 14 of the East Ayrshire Local Plan as it fails to protect or enhance the landscape character of the Sensitive Landscape Area.

These Policies are addressed in section 5 below 4.3 The Scheme fails to accord with Policies STRAT 1, ECON 6,ECON 7 ECON 12, ENV 1, ENV2 and ENV7 of the structure Plan

It is considered that these policies are of a strategic nature and not relevant in the determination of a planning application of this nature.

4.4 Approval of the anemometer mast would send a clear signal to everyone that a wind farm could be seriously considered here.

This proposal is not for wind turbines but rather a temporary meteorological mast. Any future application for a wind farm will be considered on its own merits.

5. ASSESSMENT AGAINST DEVELOPMENT PLAN 5.1 Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that planning applications be determined in accordance with the development plan unless material considerations indicate otherwise. For the purposes of assessing the proposed development, the development plan comprises the Adopted East Ayrshire Local Plan 2010. 5.2 Policy TOUR 1 The Council will actively support and encourage the development of appropriate sustainable tourism throughout East Ayrshire. Sensitive tourism developments pertaining to the industrial and cultural heritage and green tourism initiatives relating to the high scenic and landscape quality and nature conservation interest of the Doon and Irvine Valleys, the Loch Doon and Glen Afton areas and in the Muirkirk Uplands and River Nith areas will be particularly supported.

It is considered that given the slender nature of the proposal it will have minimal visual impact on the surrounding area and thus will have a minimal impact on the potential for tourism in the area.

5.3 Policy ENV 3 The Council will give priority and prime consideration to the protection and enhancement of the landscape in its consideration of development proposals within the Sensitive Landscape Character Areas identified on the local plan maps. The Council will ensure that all development proposals in these areas respect, in terms of their design, size, scale and location, the local landscape characteristics of the particular area within which they are proposed.

Given the minimal and temporary nature of the development it is considered that the proposal is acceptable in terms of this policy.

5.4 Policy ENV14 In circumstances where the impacts of a proposed development are uncertain, but there are good scientific grounds for believing that significant, irreversible damage could occur to natural heritage interests of international or national significance, the Council will apply the precautionary principle to avoid such damage occurring. In all cases where a development is proposed within, or has the potential to affect the integrity of, a statutorily designated nature conservation site of

international or national importance, the Council will formally consult and seek advice from Scottish Natural Heritage on the proposal. The impact of each development proposal will be assessed on its own merits against the particular nature conservation interests of the site concerned.

Given the minimal nature and temporary nature of the development it is considered that the proposal is acceptable in terms of this policy. SNH have not objected to the scheme.

5.5 Policy ENV15 advises that the Council will not be supportive of development which would cause unacceptable and irreparable damage to important landscape features within rural areas. In this regard, developers will be expected to conserve and enhance, (and reinstate or replace where appropriate) those features which contribute to the intrinsic landscape value and quality of the area concerned and which are likely to be adversely affected by the particular development proposed, including: (i) existing setting of settlements and buildings within the landscape; (ii) existing woodlands, shelter belts, hedgerows and trees; (iii) existing burns, rivers, lochs and other water features; (iv) existing field patterns and means of enclosure including dry stone dykes, hedging and fencing; (v) existing Public Rights of Way, footpaths and bridleways; and (vi) existing skylines, landform and contours. Development which results in the permanent loss of landscape features which are not readily renewable and whose loss would be unacceptable in landscape terms, will not be supported by the Council.

This development seeks permission to site a meteorological mast for a temporary period. While the site is located within a sensitive landscape designation its design and position are such that when viewed in relation to the wider surrounding landscape, its impact on the landscape character is negligible.

5.6 Policy ENV16 states that the Council will not be supportive of development which would create unacceptable visual intrusion or irreparable damage to the landscape character of rural areas. In this regard, the Council will ensure, through the development process, that: (i) any authorised development is in keeping with, has minimal visual impact and reflects the nature and landscape character of the rural area in which it is located, in terms of layout, materials used, design, size, scale, finish and colour. The design and material finish of any ancillary features will

also be required to be sympathetic to the character and appearance of the area; (ii) any authorised development is sensitively sited, landscaped and screened so as to blend into, respect and complement the landscape characteristics of the particular area in which it is to be located; and (iii) the landscape setting of a particular area affected by a proposed development is safeguarded from adverse or irreversible change by the use of appropriate planning conditions, management agreements, preparation and promotion of environmental improvement schemes, development and design briefs etc.

The mast is not considered to be a visually intrusive development within the wider landscape and at greater distances due to its design and nor will it offer any irreparable damage to the landscape character of the area given its proposed short consent period.

5.7 Policy ENV17 advises that in assessing development proposals relating to land within the rural area which has not been identified as specific development opportunity sites on the local plan maps, the Council shall ensure that these have minimum impact on the rural environment. There will be a general presumption against any development which would: (i) Cause the permanent and irreversible loss of prime quality agricultural land (i.e. Classes 1, 2 and 3.1 in the Macaulay Land Classification System) (see Appendix 3); There is no such loss. (ii) Have significant unacceptable adverse impact or cause irreparable damage to built heritage resources requiring conservation or their settings including listed buildings, conservation areas, historic gardens and designed landscapes, scheduled ancient monuments, archaeological and industrial archaeological sites; There is no such impact (iii) Have significant unacceptable adverse impact or cause irreparable damage to natural heritage resources requiring conservation and to existing species and habitats;

While the site is with the Sensitive Landscape Character Area and is part of the Provisional Wildlife site, it is considered that given the slender and temporary nature of the proposal it will have minimal visual impact. The site is not on a site designated for any natural heritage reason.

(iv) Have significant unacceptable adverse visual impact or cause irreparable damage to the landscape character and scenic quality of the area within which it is proposed;

On the basis of its design the proposal will not cause unacceptable adverse visual impact particularly when viewed from greater distances. The temporary nature of the proposal ensures that there is no irreparable damage to the landscape.

(v) Adversely affect the quality of water resources, water catchment areas, land drainage or flood protection interests or create water pollution problems; There will be no such impact. (vi) Result in the destruction of any areas of peat which are considered to be of significant ecological value.

While the locality does contain deep peat the proposed scheme will not result in any such destruction.

5.8 Policy CS12 The Council will positively support and promote the development of sympathetic renewable energy proposals both in stand alone locations and as integral parts of new and existing developments where it can be demonstrated that there will be no significant, unacceptable adverse impact, including adverse cumulative impact with other existing renewable energy developments or other renewable energy developments which are consented or under construction; (i) on any recognised statutory or non statutory sites of nature

conservation interest; (ii) on the amenity of nearby communities or sensitive establishments,

including individual or small groups of houses in the countryside that may be adversely affected by reason of noise emission, visual dominance and other nuisance;

(iii) on any recognised built heritage resources, including Listed Buildings,

Conservation Areas, Scheduled Ancient Monuments, archaeological sites and landscapes and Historic Gardens and Designed Landscapes and their individual settings;

(iv) on the visual amenity of the area and the natural landscape setting for

the development, particularly within the Sensitive Landscape Character areas as identified on the local plan rural area map; and

(v) on existing infrastructure Developers will also be required to demonstrate to the satisfaction of the Council that all energy production will be generated either at, or in as close proximity as possible to, the source of materials used in the generation

process and that there will be no unacceptable adverse environmental impact caused by any proposed connections linking the proposed development with the national grid and the surrounding road network.

On the basis of its design the proposal will not cause unacceptable adverse visual impact particularly when viewed from greater distances. The temporary nature of the proposal ensures that there is no irreparable damage to the landscape.

5.9 Policy CS14 The Council will assess all applications for wind farm developments, including extensions to existing, consented and / or operational wind farms, against the provisions of Policy ECON 7 of the approved Ayrshire Joint Structure Plan: Growing a Sustainable Ayrshire and any future supplementary planning guidance to be prepared relating to cumulative impact. Policy ECON7 states: (A) In the Areas of Search, proposals for large and small wind farm

developments will be supported subject to specific proposals satisfactorily addressing all other material considerations.

(B) Areas designated for their national or international heritage value, and

green belts, will be afforded significant protection from large scale wind farms.

(C) The integrity of national and international designations should not be

compromised. (D) Cumulative impact will be assessed in all relevant cases, taking into

account existing wind farms, those which have permission and those that are the subject of valid but undetermined applications. The weight to be afforded to undetermined applications will reflect their position in the application process. Where the limit of acceptable cumulative impact has been reached, the area will be afforded significant protection.

(E) Outside areas of Search all wind farm proposals will be assessed

against the following constraints, any positive or adverse effects on them and how the latter can be overcome or minimised:

1) Historic environment; 2) Areas designated for their regional and local natural heritage value; 3) Tourism and recreational interests; 4) Communities; 5) Buffer zones; 6) Aviation and defence interests; 7) Broadcasting installations.

(F) Proposals affecting Sensitive Landscape Character Areas shall

satisfactorily address any impacts on the particular interests that the

designation is intended to protect but the designation shall not unreasonably restrict the overall ability of the plan area to contribute to national targets;

(G) In all cases, applications for wind farms should be assessed in relation

to criteria including, as appropriate, grid capacity, impacts on the landscape and historic environment, ecology (including birds), biodiversity and nature conservation, the water environment, communities, aviation, telecommunications, noise and shadow flicker.

On the basis of its design the proposal will not cause unacceptable adverse visual impact particularly when viewed from greater distances. The temporary nature of the proposal ensures that there is no irreparable damage to the landscape.

5.10 PROP 2 The Council will safeguard and promote those locations, landscapes and buildings throughout East Ayrshire associated with Robert Burns and, in association with North and South Ayrshire Councils and through the offices of the Ayrshire Joint Planning Unit, seek the designation of all such locations etc associated with Burns throughout Ayrshire as a possible World Heritage Site.

On the basis of its design the proposal will not cause unacceptable adverse visual impact and therefore the scheme accords with PROP 2

5.11 PROP 3 The Council will work in collaboration with the Ayrshire Joint Planning Unit, South Ayrshire Council, Dumfries and Galloway Council and other relevant agencies to explore the potential offered by the natural environment in developing a Biosphere Reserve within southern Ayrshire, linked with Dumfries and Galloway, in order to promote nature based tourism and the sustainable management and development of land.

On the basis of its design the proposal will not cause unacceptable adverse visual impact and therefore the scheme accords with PROP 3

6. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS 6.1 The principal material considerations relevant to the determination of this application is the impact on the amenity of the area, the letters of objection, the planning history and the comments of the consultees. Impact on Amenity 6.2 The proposal is located within a rural area south of the B741 at a height of approximately 550m Above Ordnance Datum. There will be a degree of adverse visual impact from this proposal however given the slimline design of the mast and its temporary nature, on balance it is considered that the

development does not create any significant degree of adverse impact on the amenity of the area. Letters of objection 6.3 The letters of objection refer to landscape, visual and tourism impacts from the proposal as well as referring to wind turbine development. In addition they also refer to the potential negative impact of the require safety lighting upon the Dark Sky Observatory. It is considered that a temporary anemometer mast does not bring any significant adverse visual or landscape effects, particular as distance from the development increases. As indicated above given the distance and relationship between the Observatory and the Met Mast the impact of the safety lighting upon the observatory is considered to be minimal. However it is considered that the time period for this temporary consent should be restricted to 18 months rather than the three years requested as a precautionary measure. Consultation responses 6.4 The consultees have raised no adverse comments regarding this proposal that cannot be addressed by planning conditions. Planning history 6.5 Application 12/0792/PP for erection of an 80m high meteorological monitoring mast remains undetermined at the time of writing this report. This application has the same applicant but is located 1000m to the north. 7. FINANCIAL AND LEGAL IMPLICATIONS

7.1 There are no financial or legal implications for the Council relative to the determination of this application. 8. CONCLUSIONS 8.1 Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997 require that planning applications be determined in accordance with the Development Plan unless material considerations indicate otherwise. 8.2 The relevant policies of the development plan relate primarily to the rural environment and protection of landscape. The proposal, given its height and vertical emphasis, will be visible when viewed from some short distances. However, being visible does not automatically imply that there would be an adverse impact on the landscape setting through being unduly visually prominent or adverse impacts on the setting of either the landscape or important landscape features. In this case the mast design and its position within the landscape ensure that any adverse visual impacts are minimised to an acceptable level. Furthermore, the temporary period, restricted to 18 months, of permission requested and the minimal physical footprint of the

proposal both further mitigate the long term effects of the proposal on the landscape and the general surrounding area. 8.3 The material considerations of this development, with the exception of the letters of objection, indicate that the proposal is generally acceptable. The objectors raise concern over visual and landscape impact as well as the impact on the Dark Sky Observatory. As noted above however, it is considered that the mast design and position ensures that its visual impact is minimised when viewed from the settlements and wider area and that local visual impacts are not significant. As indicated above given the distance between the Observatory and the Met Masts the impact of the safety lighting upon the Observatory is considered to be minimal. 9. RECOMMENDATIONS 9.1 It is recommended that the application for Planning Permission be approved subject to conditions. CONTRARY DECISION NOTE Should the Committee agree that the application be refused contrary to the recommendation of the Head of Planning and Economic Development, the application would not require to be referred to the Council as this would not constitute a significant breach of policy. Alan Neish Head of Planning and Economic Development 6 March 2013 FV/DMcD LIST OF BACKGROUND PAPERS

1. Application Forms/Plans. 2. Statutory Letters/Certificates. 3. Application 12/0792/PP 6. East Ayrshire Local Plan 2010. Anyone wishing to inspect the above papers please contact Craig Iles Energy

Team Leader, on 01563 576772. Implementation Officer, David McDowall, Operations Manager

TP24

TP24 East Ayrshire Council

TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997

Application No: 12/0791/PP

Location Enoch Hill Temporary Mast B741 From Armour Wynd To

U720 Dalricket Dalmellington East Ayrshire Nature of Proposal: Proposed installation of temporary anemometer mast up to

80m in height for a period of up to 36 months. Name and Address of Applicant: Mr Simon LeJeune

E.ON Climate & Renewables Westwood Way Westwood Business Park Coventry CV4 8LG

Name and Address of Agent Gareth Hughes

AMEC Northumbria House Regent Centre Gosforth Newcastle Upon Tyne NE3 3PX

_______________________________

DPO’s: Reference: C Iles (01563) 576772

The above Planning Permission application should be approved subject to the following conditions:

1. Permission is granted for a limited period of 18 months commencing with the date of this approval. At the expiration of this period the mast shall be removed from the land and the land restored to its former condition to the satisfaction of the Planning Authority unless further permission is granted.

Reason: The mast is of a temporary nature and to ensure that the land is restored to a satisfactory condition after the removal of the mast.

2. Notwithstanding the plans and details hereby approved, the guy

wires/lines shall be suitably marked in order to minimise and/or prevent

bird strikes. Details of such measures shall be submitted for the written approval of the Planning Authority within 14 days of the date of this consent and shall thereafter be adopted and retained on site as approved within 14 days of said written approval being granted. Reason: To minimise any potential adverse impact on birds and wildlife and to provide a concise time line for its implementation given the retrospective nature of the development.

3. The meteorological mast hereby approved shall be fitted with aviation

warning lighting with a minimum intensity 25 candela omni directional red light or equivalent infra-red light at the highest practicable point and which shall commence operation when the mast is erected to its full consented height. Reason: In the interest of air safety.

4. Prior to the commencement of development, the developer shall (1)

notify UK DVOF and Powerlines at the Defence Geographic Centre of the following information: a. Precise location of the development. b. Date of commencement of construction. c. Date of completion of construction. d. The height above ground level of the tallest structure. e. The maximum extension height of any construction equipment. f. Details of aviation warning lighting fitted to the structure(s) and (2) provide written confirmation to the Planning Authority that the notification requirements under point (1) has been undertaken. Reason: To ensure that aeronautical charts and mapping records are accurately amended in the interests of air safety.

5. Prior to the commencement of development, the applicant shall provide

detailed traffic management and vehicle routing details to the Planning Authority, in consultation with the Councils Roads Division, for its written approval. The approved details shall thereafter be implemented and undertaken during all site access and construction works. Reason: In the interests of road safety.

6. Prior to the commencement of the development on site additional surveys shall be carried out, by appropriately qualified experts, in relation to all relevant European Protected Species on site. Said survey reports shall provide mitigation measures where necessary. Said mitigation measures shall be implemented by the Developer as recommended by said report.

Reason: To ensure that the proposed development does not detrimentally impact on any European Protected Species.

Notes.

1. In connection with condition 4 above, UK DVOF and Powerlines can be contacted via icgdgc-prodaisafdb@mod.uk or in writing to D-UKDVOF and Power Lines, Air Information Centre, Defence Geographic Centre, DGIA, Elmwood Avenue, Feltham, Middlesex, TW13 7AH.

2. In connection with condition 5 above, the Roads Division contact is John Trakalo on 01563 503180 within the Roads Network Management section.

Reason for the Decision The proposed development accords with the development plan and the material considerations do not indicate, on balance, that the development should be refused contrary to the development plan.