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EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE: 20 NOVEMBER 2015

15/0641/AMCPP: DISCHARGE OF CONDITION NO. 7

(DECOMMISSIONING SCHEME) OF CONSENT 07/0809/FL

AT HARE HILL EXTENSION WINDFARM, SOUTH EAST OF NEW CUMNOCK, EAST AYRSHIRE

BY SCOTTISH POWER RENEWABLES (UK) LIMITED

Report by Head of Planning and Economic Development, Economy and Skills

Click for Application Details http://eplanning.east-

ayrshire.gov.uk/online/applicationDetails.do?activeTab=summary&keyVal=NTN1D8GF01B00

EXECUTIVE SUMMARY SHEET

PURPOSE OF REPORT 1 The purpose of this report is to present for determination by the Planning Committee an

application to discharge condition 7 of consent 07/0809/FL for a wind farm comprising of 39 wind turbines and associated infrastructure on land adjacent to the existing Hare Hill windfarm. Under the Council’s Scheme of Delegation the application to discharge the condition requires to be determined by Planning Committee as the application relates to the discharge of a planning condition relative to decommissioning, restoration and aftercare of the site.

RECOMMENDATION 2 It is recommended that the application for discharge of Condition 7 be approved for

the reason indicated at Appendix 1 of the report. CONTRARY DECISION NOTE 3 Should the Committee agree that the application be refused contrary to the recommendation of the Head of Planning and Economic Development, Economy and Skills, the application will not require to be referred to Council as it would not represent a significant departure from Council policy. Michael Keane Head of Planning and Economic Development

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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.

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EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE: 20 NOVEMBER 2015

15/0641/AMCPP: DISCHARGE OF CONDITION NO. 7 (DECOMMISSIONING SCHEME) OF CONSENT 07/0809/FL

AT HARE HILL EXTENSION WINDFARM, SOUTH EAST OF NEW CUMNOCK, EAST

AYRSHIRE

BY SCOTTISH POWER RENEWABLES (UK) LIMITED

Report by Head of Planning and Economic Development, Economy and Skills

PURPOSE OF REPORT

1. The purpose of this report is to present for determination by the Planning Committee an application to discharge condition 7 of consent 07/0809/FL for a wind farm comprising of 39 wind turbines and associated infrastructure on land adjacent to the existing Hare Hill windfarm. Under the Council’s Scheme of Delegation the application to discharge the condition requires to be determined by Planning Committee as the application relates to the discharge of a planning condition relative to decommissioning, restoration and aftercare of the site.

APPLICATION DETAILS

Site description and background:

2. The approved Hare Hill Extension windfarm site is located approximately 4.5km to the south east of New Cumnock. It encompasses an area of approximately 567ha and is immediately adjacent to the operational Hare Hill windfarm. The site ranges from a low point of approximately 230m AOD in the north at the A76 to 525m AOD at the highest point located centrally at the southern part of the site.

3. The Planning Committee agreed to grant planning consent for the Hare Hill Extension

windfarm, comprising of up to 39 wind turbines and associated infrastructure, on 28 November 2014, subject to the conclusion of a Section 75 legal agreement. The Section 75 was subsequently concluded and planning consent was issued on 18 June 2015.

4. The applicant has now applied to discharge Condition 7 (Decommissioning Scheme) of

Planning Consent 07/0809/FL. 5. Condition 7 states: No development shall take place until a decommissioning, site restoration and aftercare

scheme (the Decommissioning Scheme) for the wind farm has been submitted to and approved in writing by the planning authority. The Decommissioning Scheme shall include details of:

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(a) Works for the decommissioning and removal of all turbines (together with their foundations to a depth of 1 metre) and all above ground ancillary buildings and equipment;

(b) The treatment of ground surfaces and the restoration of the site to its former condition,

or other such condition as is agreed by the Planning Authority;

(c) Environmental management provisions;

(d) A traffic management plan;

(e) A decommissioning timetable; and

(f) Appropriate aftercare following site restoration. The Decommissioning Scheme shall be submitted to the Planning Authority no later than 3

months prior to the commencement of development. 6. The 07/0809/FL consent has a number of planning conditions that require to be

discharged prior to the commencement of works on the site. The applicant has successfully discharged a number of these and has submitted applications to discharge the remainder of the prior to commencement conditions. Condition 7 requires the applicant to provide details of the proposed decommissioning scheme incorporating various pertinent details ((a) to (f)). Earlier versions of this scheme were used to help agree the quantum of the financial guarantee. The provision of such a scheme ensures that the quantum is accurate for the level of restoration to be undertaken and provides a workable document should decommissioning of the windfarm require to be undertaken earlier than envisaged.

7. Due to the provision of a 5 year bond as the financial guarantee, the quantum of the bond

will be reassessed at least every 5 years to ensure that the quantum is sufficient for the following period. To allow that review to take place the decommissioning scheme will require to be reviewed in similar time periods to enable it to help inform the quantum figure. Therefore whilst the condition does not require periodic review of the decommissioning scheme to take place, in practice this will occur in line with the quantum recalculation. Notwithstanding this, condition 8 of the planning consent provides that the scheme would be updated 2 years prior to the expiry of the consent to take account of current best practice and prevailing circumstances at that time.

Proposal: 8. The applicant has submitted a Decommissioning Scheme which includes:

Detail of the bond;

The scoping and justification for the applicants approach;

The construction and operation of the windfarm including key components;

The options for decommissioning of civil infrastructure;

The actual decommissioning proposal;

Environmental management provisions and traffic management plan; and

A decommissioning programme. 9. Some of the key elements of the proposed decommissioning scheme are the retention of large sections of access track and hardstanding with some sections narrowed where

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appropriate and the removal of all above ground elements including the turbines and buildings. Additionally turbine bases are to be broken out to at least 1 metre below ground and recovered with most cabling left in situ although cabling near former structures will be cut back and removed to five metres to reduce the risk of tracing cables for theft. 10. The applicant considers that this strikes a reasonable balance between Best Practicable Environmental Option (BPEO), relevant guidance, the site environmental characteristics and sensitivities and the views of the Council. The full Decommissioning Scheme is available as a background paper.

CONSULTATIONS AND ISSUES RAISED 11. Ironside Farrar Limited: Ironside Farrar are the Council’s consultant in matters relating

to decommissioning, restoration and aftercare of windfarm sites. They are also the Planning Monitoring Officers appointed to consider the planning conditions and monitor the development once construction commences. They were involved in the discussions to agree the financial quantum which itself was heavily influenced by the proposed decommissioning and restoration arrangements. Ironside Farrar have completed an assessment of the information provided by the applicant and have advised that the decommissioning and restoration scheme is acceptable.

12. Transport Scotland: Transport Scotland have no objections subject to the

imposition of a number of advisory notes.

13. Ayrshire Roads Alliance: The ARA has advised that as the application site is accessed from the trunk road network the ARA had little concern with the traffic movements during the construction phase and therefore would have similar limited views on the decommissioning phase.

REPRESENTATIONS

14. There were no representations received regarding the discharge of this condition. ASSESSMENT OF DOCUMENTS IN SUPPORT OF DISCHARGE OF CONDITION 7

15. As noted above, the document submitted by the applicant has information to address the

requirements of (a) to (f) of the condition. The document explains the applicants approach to the subject and considers the various options available in respect of decommissioning and restoration with particular consideration of access track.

The applicant’s proposal is that the turbines will be removed from site and the base broken

out to at least 1 metres below ground before being covered with soil/peat. The tracks and hardstandings will largely be left in situ to restore naturally with some sections covered over where embankments exist that allow for reprofiling. The approach to track restoration is given considerable attention in the document and was subject to detailed discussions prior to the conclusion of the section 75 to enable the financial quantum to be agreed.

The environmental management provisions of the scheme are based on the submissions

made to discharge other prior to the commencement of development conditions and as such address up to date legislation on such matters. The traffic management plan takes cognisance of the construction traffic management plan and uses this to predict the traffic

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levels at decommissioning. A decommissioning timetable is provided which indicates a 12 month decommissioning period.

ASSESSMENT AGAINST RELEVANT MATERIAL CONSIDERATIONS

16. The primary material considerations relevant to the determination of the discharge of

condition 7 are Scottish Planning Policy, the East Ayrshire Local Development Plan: Proposed Plan, the East Ayrshire LDP: Proposed Plan Planning for Wind Energy Draft Supplementary Guidance, SNH Report No.591: Research and guidance on restoration and decommissioning of onshore wind farms and the consultation responses.

Scottish Planning Policy SPP highlights through paragraph 169 that one of the considerations required in

considering windfarm development is that conditions are required relating to the decommissioning of development, including ancillary infrastructure, and site restoration. The 07/0809/FL consent included such a condition and that condition is the subject to his application. In this respect it can be seen that the Council and the applicant have given due cognisance to the requirements of SPP.

Consultation Responses

17. Ironside Farrar are the Council’s consultants and Planning Monitoring Officer and have advised that the submitted decommissioning and restoration scheme is acceptable. The Ayrshire Roads Alliance and Transport Scotland have no objections.

SNH Report No.591: Research and guidance on restoration and decommissioning of

onshore wind farms This is one of the key guidance documents available to developers, contractors, consultees

and planning authorities with regard to decommissioning and restoration and was published in 2013. This is a comprehensive document that sets out a number of different matters including key principles, Best Practicable Environmental Option approach, natural heritage considerations, options for end-of-life infrastructure and conclusions and recommendations.

The decommissioning plan submitted by the applicant uses this document as one of the

early considerations informing the decommissioning options. The report makes numerous references to the SNH document and it is clear that this guidance has informed the approach of the applicant.

East Ayrshire Local Development Plan: Proposed Plan Through Policy RE3, proposals for wind energy developments will be assessed against

the Schedule 1 Criteria which includes the need for conditions relating to the decommissioning of development and site infrastructure. The 07/0809/FL consent has such a condition, the discharge of which is the subject to this application.

East Ayrshire Local Development Plan: Proposed Plan Planning for wind energy Draft

Supplementary Guidance

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The purpose of this Supplementary Guidance is to provide detailed guidance of policy RE3 and RE4. It notes that after 25 years apparatus should be removed and sites returned to a natural condition. It further notes that applications should be accompanied by a restoration programme outlining the extent of the works. The restoration programme should include sufficient detail and relate to the turbines, foundations, borrow pits, access tracks and all other associated infrastructure.

This guidance is aimed at planning submissions including sufficient detail on

decommissioning and restoration works to allow as assessment to be made against the policies of the LDP. However, it remains useful to provide context on the matters that will require to be considered at the discharge of condition stage. The site will not be returned to a ‘natural’ condition as the retention of track and hardstandings provides for a less environmentally damaging solution. The submission provides a restoration programme which gives detailed consideration of each element.

FINANCIAL AND LEGAL IMPLICATIONS

18. The Council is committed to securing appropriate Decommissioning, Restoration and Aftercare of development sites as indicated in the Council’s Cabinet Report on Decommissioning, Restoration, Aftercare and Mitigation Financial Guarantees dated 21 May 2014. This condition ensures that a decommissioning plan is in place should the windfarm require to be decommissioning earlier than expected. The earlier versions of this Plan were used to establish the quantum value and the financial guarantee mechanism that has been agreed between the applicant and the Council.

19. There are potential financial implications for the Council in coming to a view on this

application to discharge the planning condition as, should the Planning Committee be minded to refuse the discharge of the condition, this could lead to an appeal by the applicant. Furthermore, if the Council is considered to have acted unreasonably in refusing to discharge the planning condition, a claim for an award of expenses could be made by the applicant.

COMMUNITY PLAN

20. Managing development proposals to mitigate impacts of development on the local

community and wider environment is clearly consistent with community plan objectives and outcomes. In addition, ensuring decommissioning plans are robust, financial guarantee values are adequate and associated legal agreements effective is a critical part of this management process.

CONCLUSIONS As indicated in the report, the Decommissioning Plan has been submitted at an

appropriate time. It is a detailed and site specific report that has taken account of the development proposed, the application site details and best practice guidance. It covers the matters required in points (a) to (f).

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21. The document has been reviewed by Ironside Farrar who have no objections. The remaining consultees have no objections. It has taken account of the guidance provided by SNH and is generally in line with the requirements of SPP, the East Ayrshire LDP and the draft supplementary guidance.

RECOMMENDATION

22. It is recommended that the application for discharge of Condition 7 be approved for the reason indicated at Appendix 1 of the report.

CONTRARY DECISION NOTE

23. Should the Committee agree that the application be refused contrary to the recommendation of the Head of Planning and Economic Development, Economy and Skills, the application will not require to be referred to Council as it would not represent a significant departure from Council policy.

Michael Keane Head of Planning and Economic Development, Economy and Skills Implementation Officer: David McDowall:- Operations Manager: Building Standards and Development Management 11 November 2015 LIST OF BACKGROUND PAPERS

1. Application submission including Decommissioning Plan 2. 07/0809/FL decision notice 3. 07/0809/FL section 75 legal agreement 4. Consultation Responses 5. Scottish Planning Policy 6. East Ayrshire Local Development Plan: Proposed Plan 7. East Ayrshire LDP Draft Supplementary Guidance: Planning for Wind Energy 8. The Council’s Cabinet Report on Decommissioning, Restoration, Aftercare and Mitigation

Financial Guarantees dated 21 May 2014 Anyone wishing to inspect the above papers please contact David Wilson, Senior Planning Officer on 01563 576779.

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Location Hare Hill Extension Windfarm, South East of New

Cumnock, East Ayrshire Nature of Proposal: Discharge of Condition Nos. 7 (Decommissioning Scheme) of

Planning Consent No. 07/0809/FL Name and Address of Applicant: Scottish Power Renewables (UK) Limited

Name and Address of Agent

Officer’s Ref: Jane Little

The above application to discharge condition 7 of consent 07/0809/FL should be approved. Notes

1. Any additional signing or temporary traffic control measures deemed necessary due to the size or length of loads being removed must be undertaken by a recognised Quality Assured traffic management consultant, to be approved by the trunk road authority before delivery commences.

2. The applicant should be informed that the granting of planning consent does not carry with it the right to carry out works within the trunk round boundary and that permission must be granted by Transport Scotland Trunk Road and Bus Operations. Where any works are required on the trunk road, contact details are provided on Transport Scotland’s response to the planning authority which is available on the Council’s planning portal

3. Trunk road modification works shall, in all respects, comply with the Design Manual for Roads and Bridges and the Specification for Highway Works published by HMSO. The developer shall issue a certificate to that effect, signed by the design organization

4. Trunk road modifications shall, in all respects, be designed and constructed to arrangements that comply with the Good Practice Guide for Roads published by Transport Scotland. The developer shall provide written confirmation of this, signed by the design organisation.

Reason for the Decision

TP24 East Ayrshire Council

TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997

Application No: 15/0641/AMCPP

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The Decommissioning Scheme that has been submitted by the applicant pursuant to the discharge of condition 7 is a thorough consideration of the proposed development, the on site characteristics and relevant guidance. It is considered that the submission by the applicant can be supported in terms of the consultation responses, the East Ayrshire Local Development Plan: Proposed Plan, supplementary guidance and SPP.

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