2

NOTICE OF REVIEW

REFUSAL OF PLANNING PERMISSION FOR THE ERECTION

OF THREE WIND TURBINES (15 HIGH TO HUB, 19.8M HIGH TO

BLADE TIP) AT SPITTAL HOUSE FARM,

PORTPATRICK, STRANRAER PLANNING REFERENCE NUMBER

lOIP/l/O312

NOTICE OF REVIEW REFUSAL OF PLANNING PERMISSION FOR THE ERECTION OF THREE WIND TURBINES (15 HIGH TO HUB, 19.8M HIGH TO BLADE TIP) AT SPITTAL HOUSE FARM, PORTPATRICK, STRANRAER PLANNING REFERENCE NUMBER 1 O/P/1/0312

List of Documents

1. supporting documents (submitted by Mr Mike McCart, Glenquicken Engineering, agent)

Applicant's Notice of Review (dated 29 September 2010) and

2. members of the Wigtown Area Committee on 7 September 201 0)

Report of Handling (copy of Delegated Committee List report sent to

3. Review

Observations of the Appointed Officer on the Applicant's Notice of

4. Appointed Officer

Observations of the Applicant's Agent to the observations of the

5. Planning application form dated 1 July 2010

6. 201 0

Decision letter from Dumfries & Galloway Council dated 16 September

7. Refused plans date stamped 16 September 2010

8. Wigtown Local Plan

Relevant extracts from the Dumfries & Galloway Structure Plan and the

9. Photos of application site and the locality

1. Applicant's Notice of Review (dated 29 September 2010) and supporting documents

(submitted by Mr Mike McCart, Glenquicken Engineering, agent)

Notice LRB7.10

Notice of Review Dumfries and Galloway Council Local Review Body

Under Section 43(A)(8) of the Town and Country Planning (Scotland) Act 1997 as amended by t h e Planning etc. (Scotland) Act 2006 in respect of decisions on local developments

Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008

This notice must be served on the planning authority within three months of the date of the decision notice or from the date of expiry of the period allowed for determining the application

(Important: Please read the accompanying notes which have been prepared to help you complete this form - failure to supply all relevant information could invalidate your Notice of Review)

2 Agent's Details Of form completed by agent) Name GiLdqu. C ~ L - C ~ C?J,&.,,~,-, .#i. r(rru,t2c.,

Address ...., Name ............................................................................ Address ........................................................................

.............................................................................. C L C d 0.3 I C L Z Z J e-&&+ ;U ..., & Sfj.rr/.i /+u~-.t /c&+q ............................... ...................................... f l

............................................. /----p&-fli d-6- Postcodea9.d. f .?dd J%J&qAk- Postcode 3 & 7 & 5 .............................................. ................... ........................................ ............................. 0 -7 7 7 2 ,Jv&a 3 2 & Email q A d ' C . 4 J r C * W 6 Tel ....................................... ............................... Tel Email

i b ,- # . + - z 7 c &,-

3 Processing Details Please tick the box if you wish all correspondence in connection with the review to be sent to your agent

Please tick the box if you wish all correspondence regarding your review to be sent by e-mail.

4 Application Details Site Address

5 Type Of Application (Please tick box to which review provisions relate)

@Planning permission

c] Further application (development which has not yet commenced and where a time limit has been

Planning permission in principle (i ncl ud in y h Ouse hold er a ppl ication)

imposed; renewal of planning permission; modification, variation or removal of a planning condition)

Approval of matters specified by conditions ,

6 Reasons for Requiring Review (Please tick one box)

&Refused under delegated powers by an appointed officer

Granted subject to conditions, which you do not find acceptable and wish t o challenge, by an

Not determined by the planning authority within the prescribed period (normally 2 months)

appointed officer ,

PLANNING & BUILD4NG , SERVICES

- 1 DCT 2010

KIRKBANK, DUMFRIES

& Galloway

7 You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review.

You will only be able to raise additional matters where the review body request further written evidence or where requested as part of the hearing session. These requirements are intended to ensure fairness and openess in that key items of information are provided efficiently a t the s t a r t of the review process rather than varying points throughout the process.

State clearly and concisely in the box below the issues you wish the Local Reviw Body to consider. This can be continued or provided in full in a separate document as necessary.

Statement Setting Out Reasons for Review

I

8 NewMatters

0 Please tick box if you have raised any matters which were not before the appointed officer a t the time the determination on your application was made. If this i s the case you should explain in the box below, why you are raising new material, why it was not raised with the appointed officer before your application was determined and why you consider it should now be considered in the review.

9 Review Procedure (Please tick a t least one box) The Dumfries and Galloway Local Review Body i s a committee of the planning authority comprising a t least 3 elected councillors drawn on a rota basis from a larger panel, but from outwith the Area Committee covering the application site. The review will held be in public and consideration will be based on the information available when the original decision was made.

The Local Review Body will decide if it has sufficient information to determine the review without further representation or procedure on the day of the committee meeting. No representations will be heard a t this meeting. The committee may decide to continue the case for further written submissions, a site visit, a hearing session or a combination of these before reaching a decision. It i s expected that t h e majority of cases will be determined with no further procedure. The planning adviser to the Local Review Body will be independent of the planning application determination process to ensure impartiality.

The Local Review Body may wish t o hold a pre-examination meeting, perhaps for a complex case where there are a wide range of issues to be examined and/or interested parties, to consider the manner in which the review or any stage of the review is t o be handled.

If a hearing session is held, those entitled to appear are expected to provide an outline of t h e case they intend to put forward. Any hearing will take the form of a discussion lead by the Local Review Body, which will set out in writing the matters to be considered a t the hearing. The Local Review Body can appoint an assessor to advise the committee on specialist or technical matters.

Please indicate what procedure or combination of procedures you think is most appropriate for handling your review. You should note that the requested method of determination is not binding on the Local Review Body.

I wish the review to be dealt with:

1. E O n the basis of an assessment of the review documents only, with no further procedure

SERVICES

2. On the basis of further written submissions

r !

Site inspection (If you have ticked box 4 above please complete boxes below as

!

! I - 1 clcr 2010

aqprb$ jg&BANK, DUMFRIES --- 1 I

The Local Review Body may at any time decide to make an inspection of the land subject of the review. This may be unaccompanied or accompanied. Where accompanied, reasonable notice will be given to the applicant and any interested party.

The site can be clearly seen from a road or public land

@The site can be accessed safely without barriers to entry

If there are any reasons why you think the Local Review Body would be unable to undertake an unaccompanied site inspection, please explain here:

The Local Review Body is not required to defer a site inspection if any person to whom notice was given is not present a t the appointed time.

10 Supporting Documents - Checklist All documents, material and evidence you intend to rely on must accompany your Notice o f Review. You will only be able to submit additional documents, where the Local Review Body so request.

The following documents must either be enclosed or completed as part of the review form otherwise your review will be delayed.

Please tick the appropriate boxes to confirm you have provided all supporting documents and evidence relevant to your review:

d FUII completion of ail parts of this form a Statement of your reasons for requiring a review

A copy of the application to the planning authority (including the certificate relating t o notification d,, land owners etc. which accompanied it)

@ copy of all drawings, documents and any other illustrative material which form the subject of this review (please l i s t these on a separate sheet)

&A copy of the planning authority's decision, if any

If the review relates to a further application e.g. renewal of planning permission or modification variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions:

0 A copy of the original application, approved plans and decision notice from the earlier consent

Note: A copy of the Notice of Review and any related documents will be made available for inspection a t the area office that processed the planning application, until such time as the review is determined.

11 Declaration 1, the a+hat* /agent * (delete as appropriate*) hereby serve notice on the planning authority to review the application as set out on this form and in the supporting documents

Signature: J 12 Additional Advice and Guidance This form and supporting documents should be lodged to: Local Review Body Administration, Kirkbank, English Street, Dumfries, DGI 2HS

A review can be lodged by electronic communication e-mail: pe.nitbsda/e.planningQdumgal.gov.uk providing it is complete, including all supporting documents, legible in all material respects and sufficiently permanent to be used for subsequent reference.

On receipt, your review will be checked for completeness and you will be advised whether or not it has been found to be valid, and where the related documents can be inspected. Further notification will follow when the date, time and venue for the meeting of the Local Review Body, to which your case will be presented, i s known and where the agenda papers can be inspected. Any third party or statutory consultee who made and has not withdrawn representations will be given 14 days to make further representations and you will be given 14 days to respond to any additional matter raised by that person or body.

The Local Review Body may uphold, reverse or vary a determination. The decision notice will include a statement of the terms in which the Dlannincr authoritv decided the case reviewed and the reasons on which the authority based that decision. Up& the ou&ome of the review, the applicant or a third Dartv could appeal to the Court of Session, but only on a point of law. r PLANNING ti BUILDING 1

$mWwbeen If a review relating to a non-determination i s not conducted within 2 refused. In this case, you can appeal to Scottish Ministers.

onths, it is 1- - -

Reasons for Review

PI a n n i ng a p p I ica t i o n 10/P/1/03 12

1/ Neighbouring farms have successfully been granted permission for multiple small turbines.

2/Why should this application be refused on the basis that they were later than their neighbours in applying? (this reason was given by the planning official)

3/The sites for the turbines have been specifically chosen by the owners a t the outset to ensure they had the least impact both visually and t o the greater environment and the farm in general.

4/ This is a dairy farm that has received considerable investment with owners who value being environmentally friendly and who wish to try and cut costs by installing wind power turbines.

5/ We were only informed of the planning decision after we enquired as to the lateness of the decision, we should have had the decision by the 2"d of September.

dp.

2. Report of Handling (copy of Delegated Committee List report

sent to members of the Wigtown Area Committee on 7 September 2010)

Steve Rogers - Operations Manager Planning Services Kirkbank, English Street, Dumfries, DGl 2HS Telephone (01387) 260199 - Direct Dial Fax (01387) 260188

& Galloway Delenated Committee List Report

ERECTION OF THREE WIND TURBINES (15 HIGH TO HUB, 19.8M HIGH TO BLADE TIP) AT SPITTAL HOUSE FARM, PORTPATRICK, STRANRAER (NX 203310 552480) (NX203420 552560) (NX203450 552620)

Application Type: Full Planning Permission

Applicant: RADA Properties Ltd Ref. No.: 1 O/P/I /0312

Proposed Decision - Refuse

Ward - Wigtown West

Hierarchy Type (if applicable) - Local

Case Officer - Peter Barker

I BACKGROUND

The proposal is to erect 3 x 15 metre (to hub height) 3-bladed turbines, with an overall height to blade tip of 19.8 metres along the edge of a small plateau area on the southern lip of the Port of Spittal Burn, as it enters a defined and deeply incised glen close to its confluence with the sea.

Spittal House Farm lies midway up the slope of the glen, and is one of several steadings visible in the general panorama offered by the topography.

2 CONSULTATIONS

Council Archaeologist - concerned about potential cumulative impact. Would have preferred a photomontage to assist in deliberations Environmental Health - No objections subject to noise safeguarding conditions SNH - Does not wish to offer advice or comment MOD - No objections

3 REPRESENTATIONS (Copies of any letters received are attached)

None

4 REPORT

Relevant development plan policies:-

Dumfries & Galloway Structure Plan E2 - Regional Scenic Areas S21 - Renewable Energy S22 -Wind Farm &Wind Turbines Development

Wigtown Local Plan GPI - Development Principle GP2 - Development Considerations GP7 - Siting & Design GP42 - Regional Scenic Areas GP48 - Undeveloped Coast

Council policy is to encourage the provision of renewable energy where it will not have an adverse effect on the built or natural heritage, or on tourism and recreation.

Scottish Planning Policy (SPP), also a material consideration, advises of the need to help mitigate the causes of climate change which should be taken into account in all decisions through the planning system and decentralised renewable energy systems should represent a component of this.

The proposal is of a form typical of many such applications submitted and approved by the Council over recent months for a smaller scale renewable energy development geared towards supplying the electricity needs of a specific local land-user, with any surplus being sent to supply the national grid.

Whilst it is acknowledged that there will have to be an acceptance of such turbines within the rural landscape, that change has to be carefully and sensitively managed. Up until now and despite the significant numbers of such applications received over the past 15 months or so, the location of these proposals has fortuitously been largely scattered and therefore most have been able to be readily accepted into the landscape. However, as the density of such development increases then conversely the remaining capacity in the landscape diminishes if there is not to be a significant and major change in the character and appearance of the landscape.

Had the current proposal been the first or second in the Port O'Spittal area then it may have been acceptable. The fact of the matter is that there have already been 2 groups of similar turbines erected or committed at Port O'Spittal600 and 800 metres away (09/P/1/0409 and IO/P/1/0125 respectively), and 1 similar sized turbine at North Port O'Spittal800 metres away (lO/P/l/OlOl). In summary, whilst these distances may appear to be not too close together the severe topography of the Port of Spittal Burn glen makes all 3 existing committed turbine development locations intervisible and apparently close to one another, and these are already impacting on the landscape. This process of change, up to now, has been able to managed so that the total effect of smaller turbines so far has not been excessive. A fourth proposal in such close proximity, if allowed, would result in the landscape of the immediate area being adversely affected to a significant degree by this concentration. The committed developments are already noticeable in the local landscape from slightly higher, but publicly unfrequented, vantage points.

It is acknowledged that it is unfortunate that all parties in an area are not able to participate in turbine developments. The Council has to react to such proposals on a first-come first- served basis. In this case, those that have acted first have maximised the available landscape capacity to the potential exclusion of others. This situation is likely to also occur in other locations where "hot spots" of turbine activity are developing.

The Planning Acts require decisions to be made in accordance with the Development Plan unless material considerations indicate otherwise. Material considerations should be related to the development and use of the land. The proposal is considered principally to be contrary to policy S21 of the Structure Plan and policies GP7 and GP42 of the Wigtown Local Plan, and is therefore recommended for refusal.

5 PROPOSED DECISION

5.1 Refuse on the following grounds:-

1. The proposed development, in close proximity to existing and committed smaller turbine developments at nearby landholdings (North Port O'Spittal to the north west and Port O'Spittal to the south west) if allowed and then constructed would result in an undesirable cumulative impact leading to an adverse change in the appearance and character in the landscape - a situation accentuated by the severe and deeply incised topography of the Port of Spittal Burn glen. As such the proposal is contrary to policy S21 of the Dumfries and Galloway Structure Plan and policies GP7 and GP42 of the Wigtown Local Plan.

3. Observations of the Appointed Officer on the Applicant's Notice of Review

NOTICE OF REVIEW REFUSAL OF PLANNING PERMISSION FOR ERECTION OF 3 WIND TURBINES (15 METRES HIGH TO HUB, 19.8 METRES TO BLADE TIP) AT SPITTAL HOUSE FARM, PORTPATRICK PLANNING REFERENCE 1 O/P/1/0312

/A) Observations of the Appointed Officer on the Applicant's Notice of Review

I. 1 planning position relative to the following:

Before addressing the five points raised in the review, it is important to clarify the

The Council's position regarding renewable energy developments The planning position regarding recent wind turbine developments in the Rhins and Machars area

0 Wind turbine developments committed in the vicinity of the review site

1.2 The Council's position reaardincl renewable enerav developments

Relevant development plan policies are: Dumfries & Galloway Structure Plan Policy E2 - Regional Scenic Areas Policy S21 - Renewable Energy Policy S22 -Wind Farm & Wind Turbines Development

Wigtown Local Plan General Policy 1 - Development Principle General Policy 2 - Development Considerations General Policy 7 - Siting & Design General Policy 42 - Regional Scenic Areas General Policy 48 - Undeveloped Coast

Other material planning considerations: Scottish Planning Policy (paragraphs 182 - 191)

I .2.1 Council policy is to encourage the provision of renewable energy where it will not have an adverse effect on the built or natural heritage, or on tourism and recreation.

1.2.2 Scottish Planning Policy (SPP), a material consideration, advises of the need to help mitigate the causes of climate change which should be taken into account in all decisions through the planning system and decentralised renewable energy systems should represent a component of this.

1.2.3 The proposed site is designated as 'Conserve & Enhance' on Map E2 of the Dumfries & Galloway Structure Plan 1999 (Landscape Conservation and Enhancement). The erection of turbines within this landscape will not be detrimental to this designation.

1.2.4 The proposal is located outwith the Wind Energy Search Areas and as such, should be considered in terms of Policies S21 and E3.

1.3. The planning position reaardina recent wind turbine developments in the Rhins and Machars area

1.3.1 The development of major windfarms in Wigtownshire commenced with the construction of the ArtField Fell windfarm (15 turbines), to the north of Glenluce. This was followed by the North Rhins windfarm in 2008 (1 1 turbines), and the approval of an extension (7 turbines) to ArMeld Fell, the latter of which is due to be erected early 201 1. The Barlockhart proposal (4 turbines) to the south of Glenluce was refused by Members but was subsequently allowed on appeal by Scottish Ministers. In summary, 37 major turbines are either built already, or are committed to be built.

1.3.2 Awaiting determination there are also major windfarm proposals at Kilgallioch ( I 32 turbines) to the north of New Luce, Carscreugh (1 8 turbines) to the immediate north-east of Glenluce; Hill of Ochiltree (10 turbines) to the north-west of Newton Stewart, Glenchamber (approximately I 1 turbines) to the immediate south of Artfield Fell and north of Carscreugh.

1.3.3 There is also the Arecleoch Windfarm (60 turbines) being constructed in South Ayrshire but abutting the Dumfries and Galloway boundary, and is extremely prominent from the south.

1.3.4 At the scoping and screening stages, there are schemes which can be reasonably expected to mature into full planning submissions in the near future at Chirmorie (some 30 turbines) straddling the South Ayrshire / Dumfries and Galloway boundary inbetween Arecleoch and Killgallioch , Stab Hill / Carty Craig (of some 60 turbine potential) abutting the south side of Chirmorie and Arecleoch, Dereskelpin (27 turbines) to the south of the A75 east of Barlockhart, and Glenvernoch (9 turbines) almost adjacent to Hill of Ochiltree. The sum total of these approved, potential and prospective sites, if allowed, would be a continuous and contiguous band (approx 4-5km wide) of large turbines from the east of Ballantrae extending south of the A75 in the northern Machars - a total distance of 26km. In summary, these potential major turbines “in the pipeline” number 357 (albeit approximately 75 would be within South Ayrshire but directly abutting / straddling the Dumfries and Galloway boundary).

1.3.5 In addition, the Council is aware of other potentially major proposals at Loch Ree (to the immediate east of Cairnryan and Glen App) where an application for an anemometer mast has been received, at Craigvernoch Fell (in between Derskelpin and Barlockhart) and at Changue Fell to the north of Port William. An estimate of the numbers of turbines in this category of prospective site is potentially another 70 - 100 major turbines.

1.3.6 In addition to the above, the government has introduced a Feed-in Tarrif (FIT) regime aimed to encourage private landowners to develop smaller scale wind energy schemes. This appears to be having a disproportionate impact on Wigtownshire which is being partly targetted by turbine companies. Nearby areas with similar landscape and climatic characteristics such as Ayrshire and the Borders are not under this pressure. The advent of the FIT reflects the growth in interest in such developments across Wigtownshire. In 2008, there were 2 applications received for smaller scale wind turbine developments. In 2009, this increased to 53, and at the time of writing these observations, the total for 2010 is 170. In summary, applications have been received for 225 smaller scale turbines, the

majority during 2010. The flow of such applications, or enquiries prior to submission, shows no sign of abating. If anything, the trend is now for seeking approval for larger machines, some equal to the size of the first 'major' windfarm turbines erected in Wigtownshire at Artfield Fell.

1.3.7 Furthermore, the diversity of turbine products available has become apparent with proposals varying in height between 12 metres and 70 metres. Some machines are coloured dark, some white / grey, some have three blades, others two, and the speed of rotation of blades also varies. These are all characteristics and their appropriateness are factors that have to be evaluated in the consideration process.

1.3.8 The purpose of this section has been to illustrate the sheer development pressure from all scales of wind turbine development that Wigtownshire is currently under. The purpose of the planning system is to grant planning permissions on a fair and consistent basis that fulfils the desires of applicants without unduly compromising the landscape and countryside resource which is of value to other sections of the community, such as tourism and nature conservation.

1.4. Wind turbine developments committed in the vicinikr of the review site

1.4.1 The immediate environs of the application site have become a smaller scale wind turbine 'hot spot'.

1.4.2 There have already been 2 groups of similar 20 metre high turbines erected at Port O'Spittal600 and 800 metres away (09/P/I/O409 and IO/P/1/0125 respectively), and 1 similar sized turbine at North Port O'Spittal 800 metres away (lO/P/l/OlOl). There was also a refusal for one further turbine at Port O'Spittal (lO/P/1/0241) on similar grounds to the current review case. In summary, whilst some these distances may appear to be reasonable, the severe deep and incised topography of the Port of Spittal Burn glen makes all 3 existing turbine development locations inter-visible and apparently close to one another, and these are already impacting on the landscape.

1.4.3 Applications have also currently been submitted for 3 x 20 metre high turbines at (another) North Port O'Spittal (lO/P/1/0466) 1200 metres away, and for 3 x 66.6 metre high turbines at Craigoch Moor (IO/P/1/0447) 1700 metres away, and due to their proposed height, well within the influencing zone of the review site. There is a group of other individual turbine proposals covering 4 land ownerships for machines of between 40 to 60 metres high 2 km to the north, again, within an influencing zone regarding cumulative and sequential impact.

/B) Response to Applicant's Notice of Review:

I .5 (1) of interest in wind turbine developments in Wigtownshire. It is accepted that the Council and its population must embrace the change being promoted by central government in the drive to increasing the amount of energy able to generated from renewable sources. However, given the extensive major windfarm and smaller scale turbine developments being lodged with and brought to the attention of the Council, it is the duty of the Council to consider and grant planning permissions only where appropriate in the safeguarding of the appearance

The account outlined in 1.3 and 1.4 above illustrates the quantity and growth

simultaneously, the Council is able to choose the optimum proposal, and dismiss the weaker one.

1.11 (3) Agreed. Within the context of the host farm landholding, the site chosen has been careful so as to minimise impact. However, as discussed in 1 above, it is the potential to view the review proposal along with 7 other nearby existing turbines that is issue. To reiterate the above, had the proposal been one of the first in the area, it would most likely have been acceptable. Unfortunately, others have reacted more quickly to take advantage of a situation to the disadvantage of the review applicant.

1 . I2 (4) See I .8 above.

1.13 (5) The original planning application was validated on 2 July 201 0, giving a 2 month statutory determination period ending on 2 September 2010, as pointed out by the applicant. The final decision notice was issued on 16 September 2010. The over-run is regretted, but the determination period coincided with the summer holiday period and is also a reflection of the quantity of such turbine applications that were current at that particular time, and the need to ensure consistency in the rationale used to make those decisions.

John Ferguson Area Planning Manager (Wigtown)

4. Observations of the Applicant's Agent to the observations of the Appointed Officer

12* November 20 10

G 1 E N Q U-kC K E N

Your ref lO/P/1/0312-LRB 13/2010

Dear Ms Edwards

Thank you for your letter of last week concerning the above Review. I have studied very carefully the points raised by the appointed officer Concerning this.

I struggle to come to terms with his planning officers logic concerning the refusal based on the proximity of other turbines the closest I may add are 700meters from my client's proposed site location.

I have also enclosed for information and hopeful presentation to the review committee an extract from this weeks local paper concerning exactly the same scenario as my clients and concerning the same planning officer where the local council unanimously overturned the decision of refusal made by same planning officer, stating that such a decision of refusal based on "too many'' was totally unfair on neighbouring farms making application.

I would like to add that the sites in question in the article are viewed from major A roads, my clients application can only be viewed from a unclassified road carrying mostly local farm traffic. Again can I stress that the sites chosen for my clients turbines were picked so as to be as unobtrusive as possible a point that the appointed officer agrees with. Please if possible let the review committee have site of the article as it would be totally unjust if they did not agree with their counterparts in Wigtown Area Committee and overturn the planning refusal notice.

I remain

Yours sincerelv

Mike McCart

Harvest the Power .. sf ~ * 1.1 the -1- Wind_/* ..-- .___,__ -

Approved suppliers and install&s at; sdalkwjhd turbines

i

THREE new wind tur- bines will be erected in Stoneykirk, despite a suggestion that there are too many in the area already.

An application for South Millmain Farm near Stoney- kirk was due to be refused under normal procedure.

However, Wigtown West councillor Grahame Forster referred the plans to a Wig- town Area Committee meet- ing as he believed that the plan should be pushed through.

The official council paper- work had incorrectly stated that the plan would have been automatically approved.

But at a meeting on Wed- nesday, Mr Forster said that he wanted to help Mr Paxton’s

application gain approval. Planning Officer Peter Bar-

ker had recommended that the plan be refused because of existing wind turbines in the area.

A single turbine already lies at North Millmain Fann, 500 metres away, and proposals to site three more turbines near- by have already been appro- ved.

Mr Barker said: “The pro- posed development, which occupies a skyline position if allowed, would lead to a signif- icant adverse cumulative visu- al impact, particularly when viewed from the A716 north- bound on the approach into Stoneykirk.

“Had the applicant been able to significantly increase the separation distance betw-

een his own proposal and that approved at the neighbouring farm, then a more favourable recommendation may have been possible.”

Wednesday’s meeting heard that the new application was “competing” with the turbines already approved at North Millmain.

But Mr Forster didn’t think the turbines at SouthMillmain wodd be as intrusive as what already exists.

And he felt that it was unfair that a farm should lose out if permission to erect tur- bines had already been grant- ed to a neighbour.

He said “At the moment it’s North Millmain four South Millmain zero.”

Mr Forster was unanimously backed by fellow members and

Mr Barker’s recommendation was subsequently changed.

Fellow Wigtown West coun- cillor Robert Higgins said he didn’t think the new turbines would be intrusive.

Stranraer member Iain Dick said that turbines en- hance the agricultural indus- try and that this proposal would not be significantly adverse.

And ward colleague Wfie Scobie said that it would be “grossly unfair” to turn down the application.

The councillors expressed sympathy for planning staff, who have to decide if there are too many turbines in an area.

A new strategy that will advise elected members on future applications has been called for.

5. Planning application form dated 1 July 2010

1 &We Apply to the Planning Authority for :

Planning Permission

Planning Permission in Principle

Has there been any pre-application advice?

Please tick relevant box

Date rec .

....................................................................................................................................... Please tick the box if the applicant or any owner of the site is a member of staff within the planning service or an Elected Member of Dumfries and

Name ................................................................................ Name .................................................................................. Add ress ..c.. ,U& ................................................................. w Ljl G - d A ..... .............................................................................................

Tet ........................................ Email

....................................................................................................... j , ' f i C L ~ ' l U . V G.L 3 / s e d s.*.wi

5 Application Involving a Change of Use of Land or Buildi

I f permission is required for a limited period only, state extent of that period ................................................................ Reference number .............................................. and expiry date ....................................... of any previous permission

(If commercial or industrial development, specify manufacturinglproducon, storage, officelancillary and retail area separately)

& Galloway

9 Demolition Are any buildings or structures on site to be demolished? (If yes, clearly identify these on the site plan)

External Construction Materials and Boundary Treatment (If building operations proposed) 10

Is the property a listed building? (If yes, you may also need to apply for Listed Building Consent)

12 Licensed Premises e premises used or intended to be used for the sale or consumption of alcohol? Yes

What are the intended hours of operation?

Estimate vehicle type and movements per day

Number of employees (Full time equivalent) ~ * ~ ~ ~ . - ~ ~ - . ~ ~ - ~ ~ ~ ~ ~ ~

Is a new or altered vehicular access proposed to or from a public road?

Are you proposing any changes to pedestrian routes through the site?

er of on-site parking spaces ing for persons with disabilities)

15 Water Supply and Drainage Arrangements (Ifapplicable)

Is it intended to connect to a public water main? (if no, please specify source of any private supply) .......................................... ............... .... ..............

Is it intended to connect wastewater drainage to a public sewer?

If you propose to install a private sewage plant, please specify type of outfall and any additional treatment

(if i t is proposed to construct a new septic tank and final effluent is to a soakaway system, the application will require to be accompanied by a percolation test result in accordance with BS6297:7993)

Soakaway System Reed Bed

Are there any trees on or adjacent to the application site? (If yes, show on site plan tree positions, any trees to be cut back or felled and any replanting)

” vsm?s-wwwv=

Is the site potentially contaminated because of i t s existing or past use? (If yes, please submit a site investioation report and if necessarv a scheme to deal with Contamination)

Is the site within a n area a t risk of flooding?

20 Hazardous Materials

Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008

I hereby certify t h a t (a) 21 days preceeding the date of this planning application, no person (other than the applicant) was a n owner or an agricultural tenant of any of the land to which this application relates.

(b) Notice has been served o n every person (other than the applicant) who, 21 days before t h e date of this planning application, was the owner or an agricuttural tenant of the of land to which this application relates.

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t iOn This must be signed and dated)

I confirm that the information I have given on this form is t rue and accurate. I understand that anyone who knowingty or recklessly makes a false declaration could be liable, on conviction, to a fine of up to f 1,000.

Signature of applicant or agent:

Data Protection Act 1998 The information provided by you and other relevant parties will b e used for processing and determining your planning application and to confirm and update the Council‘s records held for this purpose. Your application will be processed by employees of Dumfries and Galloway Council Details provided will be recorded in the planning register and will be available for public inspection and may be published on the Council’s website www

I l i 7 l l O Date: > 7

pplication form, including owners .a g ri cu I t u ra I t enan t s certificate, N. B. (Charge for publication of a notice may also be required)

5 sets of the necessary plans and drawings d Pre-application consukation report (One set wit/ be used for display purposesl

Design s t a t e m e n t or design and access KNIRP declaration statement ( f f required) (Electronic communication apparatus only)

6. Decision letter from Dumfries & Galloway Council

dated 16 September 2010

lilt3 Planning and Environment Services Dumfries

& Galloway Steve Rogers Operations Manager Planning Services

REFUSAL OF PLANNING PERMISSION

Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc. (Scotland) Act 2006 Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008

To: Glenquicken Engineering Ltd Glenqu icken Creetown Newton Stewart DG8 7ET

Dumfries €4 Galloway Council, having considered the application dated 01 /07/2010, reference 1 O/P/1/0312, hereby refuses Planning Permission

for:

Desc ri pt i o n : ERECTION OF THREE WIND TURBINES (15 HIGH TO HUB, 19.8M HIGH TO BLADE TIP)

Location: SPITTAL HOUSE FARM, PORTPATRICK, STRANRAER (NX 20331 0 552480) (NX203420 552560) (NX203450 552620)

for the following reasons:-

1. The proposed development, in close proximity to existing and committed smaller turbine developments at nearby land holdings (North Port O'Spittal to the north west and Port O'Spittal to the south west) if allowed and then constructed would result in an undesirable cumulative impact leading to an adverse change in the appearance and character in the landscape - a situation accentuated by the severe and deeply incised topography of the Port of Spittal Burn glen. As such the proposal is contrary to policy S21 of the Dumfries and Galloway Structure Plan and policies GP7 and GP42 of the Wigtown Local Plan.

Signed ...... ................................................. Dated: 16/09/2010

Steve Rogers L perations Manager Planning Services c on behalf of the Council I O/P/l/O312

Hierarchy Twe: Local Decision Level: Delegated (Committee List)

Relevant Drawinq Numbers: Block Plan Scale 1500 Location Plan Scale 1 :2500 Proven 15kw drawing 15000 PL 002 Proven drawing 15000 PL 001

7. Refused plans date stamped 16 September 2010

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8. Relevant extracts from the Dumfries & Galloway Structure Plan and

the Wigtown Local Plan

D u m f r i e s

!?-$ G a l l o w a y 3

D u m f r i e s a n d G a l l o w a y

LANDSCAPE The quality o f the landscape is one ofDumfies and Galloway? major assets, providing an attractive environment for residents and tourists. Reference is made to landscape in NPPG 14 on Natural Heritage and in several other NPPG? and PANiprouiding advice in relation to housing and renewable enera. A Landscape Assessment of Dumfies and Galloway has been undertaken which ident$ed four broad regional character areas which are divided into 31 landscape types andsubtypes.

National Scenic Areas

T h e siting and design of development should respect the special nature of the area. Development within, or which would have a significant impact on National Scenic Areas (NSAs), will only be permitted where it can be demonstrated that either:-

1. the proposed development will not compromise the area’s scenic and landscape character, and overall integrity; or

2. any significant adverse effects on the scenic interest and integrity of the area are clearly outweighed by social or economic benefits of national importance.

4.1 three NSAs in Dumfries and Galloway centred on the Nith Estuary/Criffel, Auchencairn Bay/ Rough Firth, and Fleet Bay/ Lower Fleet valley, for their outstanding natural beauty and scenery, which were considered to be of national importance. In these areas normal planning controls have been extended, S N H are required to be consulted on specific categories of development set out in Circular 9/87. The Scottish Ministers must be consulted where the Council wish to permit development against SNH’s advice.

4.2 proposals for public consultation on the protection which requires to be afforded to different landscape types or designations. Any new legislation which would be required will be considered by the Scottish Parliament.

The Countryside Commission for Scotland (SNH’s predecessor) designated

S N H have been asked to review the current selection of NSA’s and prepare

Regional Scenic Areas

T h e siting and design of development should respect the special nature of the area. Development within, or which would have a significant impact on Regional Scenic Areas (RSAs), may be permitted where it can be demonstrated that:-

1. the landscape character and scenic interest for which the area has been designated would not be adversely affected; or

2. there is a specific need for the development at that location which could not be located in a less sensitive area.

4.3 important to tourism and quality of life in the area. The 1984 Structure Plan identified 11 Areas of Regional Scenic Significance (ARSSs) considered to be of scenic attraction in regional terms. The Landscape Assessment enabled a systematic review of these areas, as a result of which, 10 Regional Scenic Areas (RSAs) (see Map E l ) have been identified. The review, based upon existing A R S S , identified good examples and attractive combinations of scenically valued landscape character types which formed recognisable and comprehensible geographic units. Boundaries were related to defined attributes such as visual envelopes, topographic units and landscape

The scenic beauty of Dumfries and Galloway is a major resource which is

Jim Mncaulay, D ystane Dyker

Circular 9/87 - Development Control in National Scenic Areas.

SNH should he consulted o n the following proposals in National Scenic Areas:-

schemes for 5 or more liousrs /

chalets;

sitcs for 5 o r rnorc mobile dwellings / caravans:

‘ill non-rcsidential developments of more than 0.5 hectares;

all huildings o r srrucrurrs over

12 nicrrcs high (including agriculture arid forrsrry developments);

vehicle t rach excrpt where they arc part of an approved forestry

schcnic; and

,111 local highway authority roadworks outsidc prescnt road boundaries cosring more than t I00,000.

I

50 L A N D S C A P E

e S t r u c t u r e P l a n e

Identification of Regional Scenic Areas.

Factors considered

existing and past designations;

scenically valued landscapc character types and combinations of elcineiits,

their juxtapositions aiid

settings;

wildland values and cultural and heritage interests and associations;

rarity and representativeness or typicality;

accessibility and visibility;

sensitivity to and pressxe fix change.

Natural Heritage Zones

Scottish Natural Heritage are-

currently considering the concept of Natural Heritage Zones hased on identifying the factors which inlluence the future of the natural heritage in each zone. l>umfries and Galloway is likely to he covered by three zones:-

* the Southern Uplands:

the Solway Coast; and

the Wigtownshire Coast and iMachars.

Further detail5 are ‘iwaitrd

__

character type boundaries. Local Plans will refine the boundaries of RSA. In several cases the scenery of the ten RSAs identified in Map E l are considered to be comparable with nationally designated areas elsewhere, and should be taken into account by SNH when reviewing national landscape designations. A recent consultation paper released by SNH indicates that part of the Southern Uplands may merit consideration as a future National Park.

Map El: National and Regional Scenic Areas

Regional Scenic Areas 1 RhinsCoast 2 Mochrum Lochs 3 Machars Coast 4. Galloway Hills 5 Solway Coast 6. Terregles Ridge 7 Thornhill Uplands 8. Torthonvald Ridge 9 Moffat Hills

10. Langholm Hills

Landscape Character

When assessing development proposals likely to have a significant impact on the landscape the Council will take into account the guidance set out in the Landscape Assessment.

The Council will encourage and where resources permit support initiatives to conserve and enhance the acter of Dumfries and Galloway.

4.4 of life and supports a wide range of habitats which should be taken into account when assessing development proposals. The landscape has changed over time. Major forces for change at present include forestry, agriculture, housing, industry, transport and infrastructure provision. The extent to which the Council as Planning Authority can control or influence development activity varies greatly. In relation to agriculture, planning controls are limited, applying to some types of agricultural building. There is no planning control on forestry planting or felling but the Council is consulted on Woodland Grant Applications. It is hoped that the Council can over time raise awareness of the impact of development upon the landscape through policies in structure and local plans, by supporting initiatives such as the amenity planting grant scheme, and the preparation of design advice and guidance.

4.5 of landscape character areas and provided guidance and advice as to how development could be accommodated in the landscape. This advice is being developed further in the Forestry Design Guidelines. The Landscape Assessment also provides advice in relation to the priority which should be given in each landscape character area to Conserving, Conserving and Enhancing, or Enhancing

The area’s diverse landscape makes an important contribution to the quality

The Landscape Assessment divided Dumfries and Galloway into a number

L A N D S C A P E 51

D u m f r i e s a n d a l l o w a y

ELECTRICITY GENERATION Electricity is produced at the following locations:-

*

Windy Standard windfarm.

Planningguidance f a r renewable energy development is contained in NPPG 6and PAN 45.

Chapelcross nuclear power station near Annan;

Hydro Schemes concentrated in River Dee catchment; and

* & , I

Renewable Energy

Development proposals for renewable energy sources will be considered positively provided they do not have a significant adverse impact on:-

’ 1. the built and natural heritage;

2. areas and routes important for tourism or recreational use in the countryside;

3. water and fishing interests;

4. air quality; and

5. the amenity of the surrounding area.

All proposals will be required to provide detailed information on associated infrastructure required, including roads and grid connections, impact during construction and operational phases of the development, including visual impact, noise and odour issues and provisions made for restoration

5.53 The Government‘s policy on renewable energy has been to stimulate the development of renewable energy sources, wherever they have prospects of being economically attractive and environmentally acceptable, in order to contribute to:-

*

5.54 requirements from renewables by 2010 and it is likely that its conclusions will be reached early in 2000. In the meantime, the Scottish Executive has made a commitment in its “Partnership for Scotland” to promote renewable energy.

5.55 of the longer term power generating potential from renewable sources, including energy crops and forestry, farm waste and wind energy. Local environmental considerations will be one of a number of factors in determining individual proposals, and hence their contribution to the overall potential.

diverse, secure and sustainable energy supplies;

a reduction in the emission of pollutants; and

the encouragement of an internationally competitive renewables industry.

The Government is considering the feasibility of meeting 10% of electricity

While there are no targets for particular areas of Scotland, table S3 is indicative

5.56 The ETSU Assessment of Potential Renewable Energy Sources in Scotland (1 994) , indicated that wind energy was considered to offer the greatest potential for renewable energy sources and this has been supported by the level of enquiries and developer applications for wind farm schemes.

E L E C T R I C I T Y G E N E R A T I O N .

Loch Ken / Riuer Dci Hydro Scheme, Earlstoriii 4

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Table S3: The Long Term Potential for Renewable Energy ETSU 1994

Dumfries & Galloway's Estimate of Potential Proportion of Electricity Production in

Potential Scottish Dumfries & Galloway Renewable Energy

Wind 11% Energy Crops and Forestry 13% Farm Wastes 27% Hydro 6 Yo TOTAZ. 11%

123MW 21MW 13MW 6MW

163MW

5.57 heritage from inappropriate forms of development and contains policy guidance for the development of hydro, energy crops, forestry waste and anaerobic digestion indicating that they should be based on the following principles-

NPPG 6 highlights the need to protect areas of important natural and built

Hydro Energy:- Hydro schemes should only be permitted where they do not have a detrimental effect on : nature conservation sites, fisheries, river regime and water quality

Energy Crops and Farm/ Forestry Waste Combustion:- should normally be acceptable in rural areas. Matters to be considered are visual impact, noise, traffic generation and pollution control;

Waste combustion, sewage gas or landfill gas:- Matters to be considered are visual impact, noise, traffic generation and pollution; and

Wind Energy:- matters to be considered include visual impact, noise, interference and ecology.

5.58 The Council will normally expect an Environmental Assessment [o be undertaken. Factors such as the scale of the proposal and its potential impact on the surrounding area will be taken into account. In all cases particular attention will be paid to the evaluation of alternative sites and site layout options. Ancillary facilities particularly connections to the grid are often provided by agencies other than the operator of the scheme. Whilst the Council accepts that this provision is often outwith the control of the operator, in order to make a full evaluation of the impact of a development an assessment of the impact of ancillary development is required as part of the overall proposal.

E L E C T R I C I T Y G E N E R A T I O N 81

D u m f r i e s a n d G a l l o w a y

' I

Wind Farm and Wind Turbines Development

Proposals for wind farms and wind turbines will be considered favourably in Potential Areas identified on the Map showing Wind Energy Search Areas, where it can be clearly demonstrated:-

* they are in accordance with policy S2 1 ; and

take into account the guidance set out in the Wind Energy Strategy, pending completion of more detailed guidance in the Subject Local Plan.

In Intermediate Areas the Council will take into account the location of the proposed development and the issues identified for that area in determining its response to the proposal.

There will be a presumption against Wind Farm development in Sensitive Areas

When assessing Wind Farm developments the Council will take into account existing sites with Planning permission and the cumulative impact of development proposals.

Development proposals for sites outside the search areas identified will be considered in terms of Policy S21 and Policy E3 until replaced by Local Plan guidance.

See also poltrte, 038, E l , E2, E3, E4, E5, E 6 Ell, E12, E13.

5.53 comments received on this report have been taken into account during the preparation of this Plan. The strategy identified areas of high wind speed and then identified issues which would need to be taken into consideration by any developer before determining whether a wind energy scheme would be an acceptable development at that location. The areas of high wind speed have been classified as Potential, Intermediate and Sensitive depending upon the range of issues which have been highlighted as being of concern should a wind energy scheme be considered for that area. The study used the best information currently available to identifv areas of high wind speed and there will be instances where development proposals for wind farms and also single turbines are received outside these areas. Development proposals outwith these areas will require the same detailed evaluation of impacts that would be required in any of the identified areas.

The Co~incil published a Draft Wind Energy strategy in November 1936, the

5.60 The Council considers that the identification of potential search areas in Dumfries and Galloway provides developers of wind turbine schemes with such a range of sites in the area that they will not need to include sensitive sites within their actual assessment. Intermediate areas may also offer scope for the siting of wind turbine schemes if the issues identified can be addressed to the satisfaction of the Council in the detailed siting and design of the scheme. Based upon the Guidance contained in NPPG 6 sensitive areas have been identified which include internationally recognised nature conservation sires, and nationally or locally important landscape areas. The Landscape Assessment for Dumfries and Galloway also identified further landscape character types that would be sensitive to wind turbine development.

5.61 Cumulative impact is a sensitive issue affecting wind energy development. The intervisibility between new proposals and existing wind farmdturbines is an important consideration in the assessment of wind energy proposals. Where W O or more wind farms are visible within the field of view, or are experienced sequentially along a route, they will have a cumulative impact on the viewer. Cumulative impact should be minimised to prevent the creation of wind farm landscapes or wind farm routes.

82 E L E C T R I C I T Y G E N E R A T I O N

Wind hiergy Strategy

I

General Policy 4: Deweloprnent Principle

There will be a general presumption against developnwnt which would give rise to a material degree of land rrse conftict, which would rnateriatiy detract from andior be incompatible with the rliaracter ot amenity of the locality.

~ u s ~ ~ f i c a t j o ~ : This policy will operate throughout the Plan area and is a general development control principle. It may also apply in conjunction with other policies contained in the Development Plan.

~ u s t ~ ~ i c a t i o ~ : While rhe Planning Authority has investigated the broad technical feasibility and amenity considerations involved in developing the sites allocated in the Plan the responsibility for undertaking a more detailed assessment rests with the intending developer The Planning Authority reserves the right to request additional supporting information where necessary Documents, particularly those identified in Section 5 5 and 5 6, provide useful guidance and background information and should be consulted in all relevant cases

General Policy 3: Settlement Boundaries

Any future development outwith the settlement boundaries indicated on the Inset Maps will be assessed against policies related to the specific development proposals and policies for the countryside contained in this Locai Plan and in the Structure Plan.

Inclusion within a settlement boundary does not necessarily imply that land is suitable for devetoprnent.

~ ~ ~ t i f i c ~ ~ i o ~ : Settlement boundaries for the main towns and villages are defined on the Inset Maps Each boundary encompasses all land which is regarded as part of the settlement and includes all land likely to be required for development wirhin that settlement during the Plan period Boundaries have been established taking into account the existing form and layout of each settlement and the need to accommodate changes which are likely to occur during the Plan period

D u m f r i e s a n d G a l i o i r ~ a , ~ L o c a l P l a n

- - 9 - . I _._ __ - _ G e n e r a l P o l i c i e s a n d P r o p o s a l s

~ u ~ t i f ~ ~ a t ~ o n : The areas identified are valued regionally and locally for their special scenic qualities and the contribution they make to tourism and the quality of life Consequently they merit special protection Further guidance on landscape character is provided in the Dumfries and Galloway Landscape Assessment, in Structure Plan Policy E3 and in the landward area sections of this Local Plan

Genera! Poky 43: Areas of Local Environmental Importance There will normally be a presumption against development having a materially adverse effect on areas of local environmental importance defined on the Inset Maps.

~ u s t ~ f i ~ ~ ~ ~ o ~ : Many towns and villages in the Plan area contain features such as areas of woodland, rivers and their banks, wetlands, old graveyards or areas of open space which are important to the amenity, character, setting of or approach to the settlement. As well as having an amenity value many of these areas are important to the natural or cultural heritage of the settlement, and are valued by the local community. These areas may also help to further the urban habitat objectives of the Local Biodiversity Action Plan.

General Policy 44: Mature Conservation Sites of International Importance

The Planning Authority will assess development proposals which may affect t he nature conservation sites defined on the Proposals Map against the criteria set out in Structure Plan Policy E4.

J ~ s ~ ~ f i c ~ t ~ ~ n : Sites of international importance in nature conservation terms which have a higher level of protection than sites with a national designation, include Special Protection Areas, Special Areas of Conservation, Ramsar Sites and Proposed or Candidate International Sites Careful consideration must therefore be given to protecting the integrity of these sites from any adverse effects brought about by development

General Policy 45: Nature Conservation Sites of National importance The Planning Authority will assess development proposals which may

affect the nature conservation sites of national importance defined on the Proposais Map against the criteria set out in Structure Plan Policy E5.

~ u s t i ~ i ~ a ~ ~ ~ ~ : There is a range of sites which are of national importance in nature conservation terms and are the core areas for the protection and enhancement of nature conservation interest. These include Sites of Special Scientific Interest and National Nature Reserves.

General Policy 46: Nature Conservation Sites of Local Impoitance Development proposals which are likely to affect t he sites identi f ied by the Council as Mature Conservation Sites of Local Importance will be considered against Structure Plan Policy E6.

D u r n J r i e s a n d G a l l o n ~ a g L o c a l P l a n

J ~ s t ~ ~ ~ c a t ~ o f l : As part of the implementation of the Local Biodiversity Action Plan (LBAP) the Council in partnership with the SWT, S N H and landowners have began a process of identifying local wildlife sites. These have been identified, in order to protect and manage some of the priority habitats identified in the LBAP, following a formal process of agreement. These sites have been added to the existing list of Local Nature Reserves and other managed reserves in the Plan area, which together will be referred to as Nature Conservation Sites of Local Importance. Sites which have been agreed to date have been identified on the Proposals Map. During the Plan period, further work may identify other sites/ areas which, following a formal ratification process, will become subject to this policy.

Justification: Structure Plan Policy E7 requires the Local Plan to identify areas of developed coast in the Proposals Map. These areas are likely to be less sensitive to development than the undeveloped coast. NPPG 13-"Coastal Planning" highlights the need to encourage redevelopment of redundant land along the coast but only where this would not have a negative impact on the coastal environment. In assessing proposals, consideration will be given to the relevant sections of the Solway Firth Strategy, Landscape Assessment, Local Biodiversity Action Plan and Shoreline Management Plan.

The integrity of the coastal environment depends on the coherence of and interaction between the land, the inter-tidal zone and the sea and the habitats and species which are dependent on these. This policy will apply in addition to all other relevant policies.

D u m f r i e s a n d G a l l o w a ~ L o c a l P l a n

9. Photos of application site and the locality

[NB - Photo sheets dated 22/7/10 are taken from application file and contain case officer's hand-written annotations.]