Towards a Planning Framework for Renewable

Energy Developments

Key Issues Report

January 2004

Contents

KEY ISSUES

1. A Planning Framework for Renewable Energy in Orkney - Page 3 2. National and Local Policy Context For Renewable Energy - Page 3 3. The Consultation Process- Page 4 4. Key Issue 1 - General Policy Statement and Targets - Page 5 5. Key Issue 2 - Strategic Locational Framework - Page 8 6. Key Issue 3 - Location, Siting & Design of Wind Energy Developments

Wind - Page 10 7. Key Issue 4 - Wind and Biodiversity Impacts - Page 13 8. Key Issue 5 - Wind - Other General Planning Issues - Page 17 9. Key Issue 6 - Community Benefit from Renewable Energy Projects -

Page 19 10. Key Issue 7 - Grid Connections - Page 21 11. Key Issue 8 - Offshore Wind - Page 23 12. Key Issue 9 - Marine Energy - Page 25 13. Key Issue 10 - Biomass and Other Specialised Renewable Energies -

Page 27 14. Other Related Issues - Page 28 15. What are we looking for? - Page 29 16. Wind Energy Developments in Orkney - Page 30

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1. A Planning Framework for Renewable Energy in Orkney

1.1 Renewable Energy can be generated from wind power, wave, tidal, solar photovoltaics (PV), hydro generation, geothermal and biomass (energy from forestry or crops). These technologies all produce no carbon at all or, in the case of biomass, produce only the carbon they have already absorbed from the atmosphere when growing.

1.2 These forms of generation offer an enormous potential resource, particularly in Orkney where our coastline provides extensive opportunities to use, wind, wave and tidal power. It is not surprising therefore that there has been growing interest in the development of renewable energy sites and technology to harness this resource. In recent months and years there has been an acceleration in actual and planned developments in this sector, in Orkney, aimed at realising the potential.

1.3 As a response to the increasing interest in the renewable energy sector, the Council is proposing to prepare a "Renewable Energy Planning Framework", which will provide detailed planning guidance, enabling developments to be assessed in a consistent manner, and guide the future location of development, particularly wind energy developments. Your response to this consultation on renewable energy issues in Orkney will be fundamental in helping the Council to draft its new Planning Framework.

1.4 The main purposes of the Renewable Energy Planning Framework will be to:

• support and implement at a site-specific level the renewable energy policies contained in the Structure and Local Plans;

• provide positively for the development of renewable energy developments in locations in Orkney;

• direct renewable energy developments to the places where it can best be accommodated (and away from the places where it cannot);

• ensure that community benefit from the development of renewable energy is maximised; and,

• set out the development control criteria to be applied when considering renewable energy developments.

2. National and Local Policy Context For Renewable Energy

2.1 The Development Plan for Orkney (Structure and Local Plans) provides the policy context for the preparation of a Renewable Energy Planning Framework. The Structure Plan approved in November 2001 provides general support from the Council for all types of renewable energy development, provided that such schemes can be developed in an environmentally acceptable manner.

2.2 The Local Plan (Policy LP/U7) also provides the following planning guidance in terms of wind power development:

• the safeguarding of sites from development or land use that would prejudice their commercial viable operation;

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• general locational guidance on sites that should be avoided e.g. recognised sites of nature conservation interest;

• general issues that will be considered in determining planning applications e.g. electromagnetic effects;

• presumption in favour of small scale wind turbines;

• details of information supporting a planning application; and,

• period of consent, and bonds for decommissioning.

2.3 Policies for renewable energy developments are expected broadly to reflect national planning policy and guidance. Government policy on the planning aspects of renewable energy are primarily contained in:

• NPPG6 - Renewable Energy Developments (Revised 2000); and, • PAN45 - Renewable Energy Technologies (Revised 2002).

3. The Consultation Process 3.1 The purpose of this consultation is to seek YOUR response to a series of key questions which will inform the Council when it comes to write its draft framework plan. The propositions to be tested in these issues are broad and strategic in nature and do not generally have a site-specific content. Consultees whose views will be sought include:

• Orkney residents; • Community councils; • Councillors; • Government departments and agencies; • Community Planning Partnerships; • Orkney Renewable Energy Forum; • Renewable Energy developers/businesses active in Orkney; • Businesses and economic development organisations; and, • Environmental groups.

3.2 In order to prepare the Planning Framework for Renewable Energy, the Council needs to be confident that the coverage, form and content of the new policy document will meet all of the existing and emerging issues that will have an impact upon the county's environment up to 2010. Our view of what these will be is presented below as a series of questions on renewable energy from a land-use planning perspective. The aims of the strategy in relation to each of the identified key issues as it is proposed to be included in the Planning Framework are detailed. For each key issue a number of questions are also posed.

3.3 However this consultation seeks YOUR views on the importance of the identified issues for the new policy document, and whether there are others that the Council should also be considering. Details of how to respond are provided in Section 15 of this report.

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4. Key Issue 1 - General Policy Statement and Targets

Aim of Strategy

To provide positively for the development of renewable energy in Orkney by providing a planning framework and developing local targets to ensure that the community maximises the benefit from developing its renewable energy resources.

Background

4.1 The Government's energy policy, including its policy on renewable energy, is set out in the Energy White Paper1. The White Paper emphasises the need to shift towards energy sources and generation technologies that produce much less or no carbon. This aims to put the UK on a path to cut its carbon dioxide emissions by some 60% by 2050, with real progress by 2020. In particular, both renewable energy and combined heat and power (CHP) will play a vital role.

4.2 Scottish Ministers have concluded that Scotland should aspire to generate 40% of its electricity through renewable sources by 20202, and have also set an interim target of 18% by 2010. An estimated new build rate of 120MW-150MW per annum between now and 2020 will be required in order to meet the specified targets. This would allow the 2000-2500MW of new renewable generation expected to be required to meet the 40% target.

4.3 National planning policy guidance requires Councils to support the Scottish Ministers commitment to renewable energy and provide positively for its development. Through their policy documents local authorities are required to:

• define broad areas of search suitable for wind and other renewable energy developments or, where appropriate, specific sites;

• safeguard, where appropriate, specific sites in local plans; • indicate whether there are areas or sites which, after appropriate assessment

and wide consultation, it is judged that for overriding environmental considerations, proposals for renewable energy development would only be considered in exceptional circumstances; and

• guide developers on the broad criteria that they would be required to consider in any development proposal, including those falling outwith preferred areas.

4.4 The Council’s Structure Plan (Policy SP/U6) provides the Council's strategic planning policy for the development of renewable energy:

"The Council supports the development of renewable energy sources, including, wind, wave and tidal power, provided that such schemes can be developed in an environmentally acceptable manner".

4.5 An assessment of the potential for renewable energy in Orkney is currently being undertaken with funding from the enterprise network. It predicts the level of

1 Energy White Paper - Our Energy Future - Creating a Low Carbon Economy, DTI, February 2003 2 Securing a Renewable Future: Scotland's Renewable Energy, Scottish Executive, 2003

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renewable energy resource given local conditions, technical & economic feasibility and planning/acceptability constraints. It will be an active tool that assists with decision making and strategic development over time and is flexible and adaptable. It will establish renewable resource potential for the islands and offshore up to 12km by establishing energy available, the cost of exploiting this potential and likelihood of development acceptance with the results presented on a parish by parish basis. The final results will be delivered by the end of February 2004.

4.6 Since 1990 a little over 200MW of new renewable generation has been constructed and installed in Scotland with over 7% in Orkney. Currently, local renewable energy connections to the Orkney grid (see Section 16 for further details) amount to some 15MW of existing or potential generating capacity (including 6 wind turbines, and the European Marine Energy Centre). In addition, producers of a further 15 MW have accepted offers of “non-firm” connections to the grid. A non-firm connection means that the producer may be disconnected if the grid is at capacity, at a time of high local production and low local consumption, or when one of the two existing Pentland Firth cables is out of action. A further company is known to have made an application for a connection of up to 100 MW. This company does not yet have planning permission for any wind turbines, and clearly its strategy is to get a connection first, whilst other producers have tended to get planning permission first, and then apply for a connection.

4.7 Knowledge of planned and possible developments suggests that further cable capacity capable of handling new generators in the order of 120-130 MW (around 5-6% of the total new capacity required in Scotland), will be required. If 120-130 MW of new capacity was entirely based on wind, it could mean up to 100 new wind turbines in Orkney, depending on size. The average installed capacity of existing turbines in Orkney is 1.4 MW. Size tends to be increasing, although a number of planned projects are smaller community-financed turbines of less than 1 MW. Nationally, the average wind farm turbine size is 1.5MW.

4.8 Unfortunately Scottish Executive guidance does not provide any guidance on what contribution different parts of Scotland are expected to make to Scotland's target for renewable energy development. This is in contrast to England where regional targets are set by Government. Local authorities are therefore working in a policy vacuum. Whilst all parts of Scotland should be expected to make a contribution to meeting national targets, arguably those parts of Scotland with a higher concentration of demand for power should be expected to provide a higher proportion of development.

4.9 This raises the issue of local production for local consumption. Most of the generated renewable energy in Orkney will be exported south, and is therefore of little benefit locally. Given our island context there should be more of an emphasis on ensuring local development for local supply with a view to ensuring that at some point in the future Orkney's internal energy requirements can be 100% supplied from local renewable energy sources.

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Questions

1a) Do you consider the strategic planning policy indicated at para 4.4 to be a satisfactory general policy statement?

1b) What approach should the Council take to determining the level of renewable energy developments to be permitted in Orkney to contribute to national targets of 18% by 2010 and 40% by 2020?

1c) Should the Council be setting a range of short, medium and long term goals for renewable energy generation in Orkney, with targets, timeframes, performance indicators and monitoring/reporting processes for the development of each renewable energy sector? How would this be achieved?

1d) Should Orkney aim to be self-sufficient in terms of its own energy needs, if so, how could this be achieved, and what time-scale would be realistic?

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5. Key Issue 2 - Strategic Locational Framework

Aim of Strategy

To direct renewable energy developments to the places where they can best be accommodated (and away from the places where they cannot)

Background

5.1 Identifying locations for future renewable energy development is an important issue, and for many people the most important issue, in the preparation of a Planning Framework for Renewables. It is of importance to those employed in the industry, landowners, conservation interests, and the general public. It is the role of the Planning Framework to ensure that a satisfactory balance is struck between these potentially conflicting interests.

5.2 In general the planning system should provide positively for renewable energy development, provided that schemes can be developed in an environmentally and visually acceptable manner. However, in certain areas the development of renewable energy may be inconsistent with other priorities, such as conservation of the natural and built heritage. The strategy must seek the appropriate balance between making positive provision for renewable energy and protecting the environment.

5.3 In terms of renewable energy developments these can vary in scale, and the policy response can vary depending on the size of development which is proposed. The impact of turbines on the landscape will vary according to the size and number of turbines involved. The trend is now towards larger developments and wind turbines are increasing in size - proposals for wind farms of over 50 turbines extending over 12km2 using turbines of over 100m in height are common elsewhere in Scotland. A possible classification of wind energy development in Orkney could be as follows:

Domestic Single small turbine (typically up to 12m to hub height and blade diameter of 5.5m

Dispersed Single "standard" turbine (typically more than 20m to hub height and blade diameter more than 20m) e.g. Inganess or Burray and Flotta (planned)

Small Cluster 2-5 turbines in a single installation e.g. Stronsay (current) or Burgar Hill (planned)

Large Cluster 6-9 turbines in a single installation e.g. Stronsay (planned) Wind Farm 10 or more in a single installation

5.4 The Strategy could identify the following areas for wind turbine development:

Strategic Areas - These are the areas in Orkney which are considered the most suitable for renewable energy development, and will be reserved for such purposes. These areas will have economically viable wind speeds (8.5-10m/s) and will be able to absorb a larger scale of development i.e. windfarms of 10 or more turbines in a single installation. There will be a limited number of these sites in Orkney.

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Other Preferred Areas - These are areas where wind farm development will be granted planning permission, unless specific local planning circumstances within the context of the Development Plan support a decision to refuse. This category is used for areas with economically viable wind speeds (8.5-10m/s) and a low sensitivity to wind energy development. These areas would be considered suitable for "large clusters" of development, but not wind farms.

Areas Open for Consideration - Within these areas applications will be treated on their merits with the onus on the developer to demonstrate why the development should be granted planning permission. This category is used for areas with some capacity to absorb wind development but which are sensitive enough to require a site by site appraisal before any assumptions are made as to the suitability of the area for development. These areas may be considered suitable for "small clusters" of development, but not "large clusters" or "wind farms".

No-Go Areas - Areas identified as particularly unsuitable for wind farm development. The category is used for areas, which due to their low wind speed (<7m/s), scenic, ecological, historic or tourism values are unable to accommodate wind development. Such areas could however be considered acceptable for single turbine developments.

These could include the following areas:

• Special Protection Areas; • Special Areas of Conservation; • RAMSAR sites; • Towns, villages, rural settlements and all residential property with a

specified buffer zone around them; • National Scenic Area with a specified buffer zone around it • World Heritage Site with a specified buffer zone around it • Within a specified distance of a public road e.g. height of turbine tower

plus radius of blade • Within a specified distance of an airport/airfield • Isolated Coast as identified in the Local Plan • Scheduled Ancient Monuments, Historic Gardens, Listed Buildings

Questions

2a) Should the aim be to concentrate wind energy development in a few parts of Orkney, or should it be spread more evenly i.e. a small number of large sites, or a larger number of smaller sites?

2b) Do you consider that wind energy development in Orkney should be classified as described in para 5.3, and if not, could you suggest an alternative?

2c) Do you consider that the areas identified for development in para 5.4 are appropriate, and if not could you suggest an alternative?

2d) What is the capacity of Orkney to accommodate the various scales of development identified in para 5.3?

2e) Do you agree with the list of sites identified as "no go areas"?

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6. Key Issue 3 - Location, Siting and Design of Wind Energy Developments

Aim of Strategy

To ensure that the landscape is able to accommodate wind energy developments of an appropriate scale and type, and that landscape and visual impacts are kept to a minimum.

Background

6.1 The character of the landscape and its ability to accept wind energy developments, including associated infrastructure is an important planning consideration. National planning guidance recommends that a cautious approach to development is adopted in relation to particular landscapes that are valued, for example, the National Scenic Area. This approach is followed in the Orkney Local Plan, and is extended to other regionally important landscapes in Orkney i.e. Areas of Great Landscape Value and Areas of Particularly Attractive Countryside.

6.2 In addition to guidance contained in the Local Plan, Scottish Natural Heritage has also produced locational guidance for onshore wind farms in respect of the natural heritage3. The guidance identifies National Scenic Areas as having the highest natural heritage sensitivity to wind farm development. It concludes that "the nature and scale of most commercial wind farms means that it is unlikely to be possible to locate them within most NSAs without significant adverse impact on the qualities for which the NSA has been designated". There may be scope for small-scale developments (</= 50kW) aimed primarily at serving local demand. Proposals of a modest scale (</= 1MW) should also be given sympathetic consideration where they contribute to the sustainability of an isolated community such as an island.

6.3 The guidance also indicates that wind farms outwith but adjacent to NSAs may have an impact upon the landscape experience within them. In the surrounding area up to 10km from an NSA (which SNH have defined as having medium natural heritage sensitivity) careful assessment of any effect on the NSA is required. If it is shown to have an adverse effect on the character and enjoyment of the NSA, such a location should be avoided.

6.4 The Orkney Landscape Character Assessment4 undertaken on behalf of Scottish Natural Heritage has identified the different landscape character areas in the county. Whilst not directed specifically at potential wind farm developments, they identify landscape types that may be sensitive to wind farm development. Amongst the landscapes considered most sensitive are:

• the coastal hills and heaths - found mainly on the west coast of the West Mainland and Westray; and,

3 Policy Statement No 02/02 - Strategic Locational Guidance for Onshore Wind Farms in respect of the Natural Heritage, Scottish Natural Heritage, August 20024 The Orkney Landscape Character Assessment is a detailed assessment of landscape character in Orkney, providing an assessment of the sensitivity of the landscape to change, together with guidelines on how landscape character may be conserved, enhanced or restructured.

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• the moorland hills found on the hilliest parts of the West Mainland, Rousay, Eday and Hoy.

6.5 A limited study into the capacity of parts of the Orkney Mainland landscape to accommodate occasional, domestic scale wind turbines (singularly or in twos) was undertaken as part of a wider Landscape Capacity Study in 20005. More detailed studies into the capacity of the landscape to accommodate wind energy developments are currently being undertaken in other parts of Scotland e.g. parts of Highland and the Western Isles. Ideally, such a study should also be undertaken in Orkney, although funding in the region of £30,000 would be required in order for it to progress. The Landscape Capacity Study would be a useful tool to confirm the suitability of "Strategic Areas" and "Other Preferred Areas" for wind energy development.

6.6 The locality and landform in which it is to be built will be a relevant consideration. Turbines in wind farms are likely to be tall, particularly in the type of landscape prevalent in Orkney, and therefore likely to be highly visible. The following is a general guide for wind turbines over 75m in height as to the effect which distance has on the perception of development in an open landscape:

• Up to 2km - Likely to be a prominent feature • 2-5kms - Relatively prominent • 5-15kms - Only prominent in clear visibility - seen as part of the wider landscape • 15-30kms - Only seen in very clear visibility - a minor element in the landscape

6.7 The visual impact of a wind farm is a subjective response to its shape and form, in the context of the landscape where it is situated. To some people, wind farms are attractive and elegant machines, to other they are a blot on the landscape. Research undertaken on behalf of the Scottish Executive in 20036 examined the attitudes of local populations towards operational wind farms in Scotland. Respondents were generally positive about wind farms with most people interviewed (73%) feeling that the developments had neither a positive or negative impact, and indeed 20% of residents felt that they had a broadly positive impact on the area.

6.8 Where two or more wind farm developments lie in the same area, their large visual "footprint" can result in cumulative impacts over large areas. The cumulative impacts of wind farm development can arise as the combined consequence of:

• an existing wind energy development and a proposed extension to that development;

• proposals for more than one wind energy development within an area; • proposals for new wind energy developments(s) in an area with one or more

existing development(s); or, • any combination of the above.

6.9 Cumulative effect occurs when the number of turbines results in wind developments becoming a significant rather than an isolated feature within the landscape. In order to avoid creating an unacceptable cumulative effect it may be appropriate to stipulate minimum separation distances between groupings of wind

5 Landscape Capacity Study: Mainland Orkney, Report to Scottish Natural Heritage by David Tyldsley and Associates, February 20006 Public Attitudes to Windfarms: A Survey of Local Residents in Scotland, Scottish Executive Social Research, 2003

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energy developments, and also to indicate under what circumstances an assessment of cumulative impact would be required e.g. density of development. Care must be taken to ensure that there are areas of Orkney where people can escape from the visual impact of wind farms.

Questions

3a) Which landscapes In Orkney do you consider should be protected from particular scales of wind energy developments, and why?

3b) Should a study be undertaken to identify the capacity of the landscape in Orkney to accommodate the different scales of development identified in para 5.3 ?

3c) In order to avoid the negative impacts on the landscape associated with the cumulative effect of wind farm development, should the Council insist on a general separation distance between wind farms, and if so, what would be an appropriate distance?

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7. Key Issue 4 - Wind and Biodiversity Impacts

Aim of Strategy

To ensure that wind energy development is reconciled with the protection of important environmental assets through the protection of areas of nature conservation value from development

Background

7.1 While recognising the importance of renewable energy, the Council is firmly committed to the protection of the environment. Protection is generally achieved through a number of designations, which seek to sustain the character and diversity of Orkney's countryside including its wildlife habitats with sites for renewable energy being less likely to be acceptable in designated areas than in non-designated areas.

7.2 Biodiversity issues include both species and habitat impacts. Wind turbines are generally considered to have a minor effect on wildlife, and appropriately sized and positioned wind turbines and farms do not pose a significant hazard for birds. However, it is expected that, as with any type of development, they would have some adverse impact on nature conservation. Habitat disturbance and loss can occur during turbine and track construction. Wind farm operation may disturb sensitive species, and there is a risk of bird collision with moving blades and additional overhead lines.

7.3 The Orkney Local Plan policy on designated sites is as follows:

• international designations - i.e. those areas classified or proposed for classification under the EC Directive on the Conservation of Wild Birds (Special Protection Areas, SPAs); under the EC Directive on Flora, Fauna and Habitats (Special Areas of Conservation, SACs); or RAMSAR sites -development will only be permitted where it would not adversely affect the objectives of the designation or the integrity of the site and there are imperative reasons of over-riding public interest;

• national designations i.e. Sites of Special Scientific Interest (SSSIs) not classed as SPA or SACs - development likely to have a significant effect will only be permitted when there is no impact on the special interest of the site and it can be subject to conditions that will prevent damaging impacts on wildlife habitats or important physical features; and,

• local sites i.e. Sites of Local Nature Conservation Importance - development which would have a significant adverse impact will only be permitted if the importance of the development outweighs the local value of the site, and measures are incorporated to minimise impact and conserve the site's interest.

7.4 The Local Plan also states that planning permission will not be granted for any development that would have a significant adverse impact on any international or national protected species or habitat, or any locally important species or habitat. In

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addition to guidance contained in the Local Plan, Scottish Natural Heritage guidance7

identifies SPAs, SACs and RAMSAR sites as having the highest natural heritage sensitivity to wind farm development and concludes that "it is unlikely that developments of a large scale (size not specified) could be satisfactorily accommodated. Any proposed wind farm developments should be of the highest standard in siting and design in relation to their impacts on biodiversity".

7.5 In terms of SSSIs the guidance states that peatland and coastal SSSIs (within 200m of the coast) are highly sensitive, and it is unlikely that large scale wind farms could be satisfactorily accommodated. All other SSSIs are less sensitive to wind farm development, and there may be scope to accommodate wind farm developments if they "are of a scale and are sensitively located and designed in such a way to avoid adverse biodiversity impacts".

7.6 Finally, in terms of habitats and species outwith designated sites that are regarded as particularly susceptible to impacts from wind farms, SNH guidance has identified the following as being of "medium natural heritage sensitivity":

• sensitive habitats e.g. blanket bog, sand dune and machair, coastal grassland and machair; and,

• sensitive bird areas where there are concentrations of sensitive breeding birds e.g. black-throated diver, red-throated diver, golden eagle, hen harrier, peregrine, merlin, short-eared owl, and dotterel.

7.7 In such areas, careful siting and design is required to avoid significant impacts on these important habitats and species. Where there is uncertainty about potential impact, the ability to monitor and adapt the development will be important when considering the acceptability of the proposal.

Questions

4a) Which sites of nature conservation importance require to be protected from development?

4b) Could you indicate sites or areas (other than those listed above) where environmental considerations are likely to militate against wind farm development?

4c) Are there any circumstances under which wind farm development within the designations listed above might be considered acceptable e.g. smaller scale 50 or 300kW?

7 Policy Statement No 02/02 - Strategic Locational Guidance for Onshore Wind Farms in respect of the Natural Heritage, Scottish Natural Heritage, August 2002

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8. Key Issue 5 - Wind - Other Planning Issues

Aim of Strategy

To ensure that all potential planning issues arising from wind energy developments are adequately addressed.

Background

8.1 There are a number of issues that commonly arise in dealing with planning applications for wind energy developments, and which will required to be addressed within the framework. These are as follows:

Ancillary developments

8.2 Ancillary development needs to be fully considered as part of the planning process and includes: access tracks; power lines; fencing; anemometer masts; and buildings associated with the development.

Construction

8.3 Most of the possible impacts of construction work are temporary and last only for the duration of the work. Planning conditions can be imposed to minimise disruption and ensure any damage to the site is suitably rectified. The most significant potential impacts are usually:

• disturbance and damage to wildlife and habitats; • damage to vegetation due to construction traffic; • additional local traffic due to construction vehicles; • damage to local roads due to heavy vehicles; and, • noise from construction machinery.

Decommissioning

8.4 The life span of a turbine is currently approximately 20-25 years. Turbines can be either replaced or removed. Planning approval can be given on the basis that at the end of this term the land is restored to its original state. Planning authorities can also insist that a decommissioning bond is set up with sufficient funds, to ensure that restoration is carried out.

Developer Contributions

8.5 Developer contribution or "planning gain", is a contribution that the Council can require of a developer to provide, for example infrastructure improvements, where the development has created the need for such. (Policy SP/DS7 in the Structure Plan allows for such a contribution to be required). This should not be confused with developer contributions to community funds that are dealt with in the following section of this report.

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Electromagnetic Interference

8.6 Another consequence of wind turbines being large moving structure is the possibility of interference with TV and radio reception, civilian or military aviation radar systems or other electromagnetic communication systems. Wind turbines can reflect signals from the rotor blades so that nearby receivers pick up both direct and reflected signals.

Environmental Impact Assessment (EIA)

8.7 Some proposals will be subject to a requirement for an Environmental Impact Assessment (EIA). EIA will be required for wind farms which are likely to generate significant environmental effects. The need for EIA must be considered for sites which are (a) located within a "sensitive area" e.g. SPAs, SACs, RAMSAR, SSSIs, NSAs, |World Heritage Site and Scheduled Ancient Monuments. ; (b) involve the installation of more than 2 turbines, or (c) the height of any structure exceeds 15m. The likelihood of significant effects will generally be dependant upon the scale of the development, and its visual and other potential impacts. EIA is more likely to be required for commercial developments of 5 or more turbines, or more that 5MW of new generating capacity.

Grid Connection

8.8 Any commercial renewable energy project will usually require a connection to the electricity distribution grid. A small sub-station is needed to transform the electricity to grid voltage, typically 11kV. A standard 3-phase system would then link the sub-station to the nearest suitable point on the grid. In most circumstances where visual amenity considerations were considered to be of prime importance, this line should be laid underground.

Noise

8.9 There are two types of noise generated by a wind turbine - aerodynamic noise from the blades and mechanical noise from the rotating machinery i.e. gearbox. Well designed wind turbines are generally quiet in operation and some new designs have no gearbox. Examples of wind farm noise levels compared with other everyday activities are as follows:

Source/Activity Indicative Noise Levels dB (A)

Threshold of hearing 0 Rural night-time background 20-40 Quiet bedroom 35 Wind farm at 350m 35-45 Car at 40mph 100m away 55 Busy general office 60 Truck at 30mph 100m away 65 Pneumatic drill 95 Jet aircraft at 250m 105 Threshold of pain 140

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8.10 Advice has been developed 8which provides indicative noise levels thought to offer a reasonable degree of protection to wind farm neighbours. Where noise levels are below 35dB(A) inside the house they are not considered to be significant. Studies in mainland Europe have indicated that there are unlikely to be noise problems if buildings are located more than 350-400m from a wind turbine. In a low noise environment, the day time limit of wind farm noise within a property should be limited to an absolute level within the range 35-40dB(A).

Residential Property

8.11 The proposed siting of renewable energy developments can in many cases raise concerns amongst local residents, although published research9 indicates that concerns reduce considerably once development are in place. Because of issues such as noise, shadow flicker and visual impact, it may be considered desirable to have a separation distance between wind turbines and the nearest residential property, however there appears to be no common view on an appropriate separation distance. Highland Council have in the past used a distance of 1,000m, in Germany there is a figure of 650m, other local authorities use a figure of 2.5 times the blade diameter from individual properties. In some current developments separation distances are less than 300m.

Safety

8.12 A possible if rare source of danger would be the loss of a piece of a blade or, in the most exceptional circumstances, of the whole blade. Clearly, developers will be expected to maintain the turbines and ensure that do not deteriorate to a degree where they may pose a hazard to public safety. Companies supplying products and services to the wind industry operate to a series of international, European and British standards, and safety aspects are of prime consideration. For safety reasons locations there are also considered sensitive include those in the vicinity of an airport/airfield, and sites close to a public road. The safeguarding arrangements for civil aerodromes such as Kirkwall, require that the Civil Aviation Authority be consulted on all wind turbine applications within a 30km range of the airport. The Council has responsibility regarding any safeguarding arrangements for all the other airfields in Orkney.

Scale of Development

8.13 Some electricity generation proposals do not come under the remit of planning legislation. Applications for developments with over 50MW of installed capacity (and new hydro plant over 1MW) are covered under Section 36 of the Electricity Act 1989 and are determined by Scottish Ministers. Planning authorities will merely be consulted for such applications. At the other end of the scale, the Council recognises that the impact of domestic scale turbines is much less than for commercial developments, and operates a general presumption in favour of such turbines (currently defined by the Council as single turbines under 30kW power output.

8 The Assessment and Rating of Noise from Wind Turbines, ETSU for DTI, September 19969 Public Attitudes to Windfarms - A Survey of Local Residents in Scotland, Scottish Executive Central Research Unit, 2003

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Shadow Flicker

8.14 Shadow flicker occurs when the blades of an operating wind turbine pass between the sun and an observer, generating flickering light. This can be considered an irritation to those living near a wind turbine development. A general rule for the larger developments is an exclusion zone of 10 times the blade diameter.

Tourism and Recreation

8.15 In an area such as Orkney, tourism and countryside recreation activities are major contributors to the local economy, and to varying degrees these activities depend on the quality of the environment, in particular the landscape. This does not mean that renewable energy developments are incompatible with such activities. This is borne out by research carried out on behalf of the British Wind Energy Association and the Scottish Renewables Forum10 which concluded that there would be no significant difference to the number of tourists visiting the area as a result of wind energy development. 91% of visitors to Argyll interviewed in a survey said that the presence of wind turbines would not make any difference to their decision to make a return visit to that area. Whilst the development of wind turbines may not affect the number of visitors coming to Orkney, it is important that popular viewpoints from important tourist attractions, are protected from inappropriate development. This would include important footpaths and other access routes.

Questions

5a) Could you please provide any comments on any of the issues highlighted in paras 8.2 - 8.15 above?

5b) Are there any other planning issues that are not included above that you would like to see highlighted in the Planning Framework? Please give details.

5c) In order to ensure minimal impact on residential property, should the Council insist on a minimum separation distance between property and wind turbines, and if so, what would be an appropriate distance?

5d) Is the presumption in favour of the development of domestic scale turbines, together with the definition of such turbines appropriate?

10 Tourist Attitudes to Windfarms - MORI Scotland, research carried out for Scottish Renewables Forum and BWEA, Sept 2002

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9. Key Issue 6 - Community Benefit from Renewable Energy Projects

Aim of Strategy

To maximise benefits to the local community of developing Orkney's renewable energy resources.

Background

9.1 Community involvement in renewable energy schemes will vary depending on the nature and scale of the development. Thus can include: consultation; drawing local people into discussions around a proposed scheme; local people obtaining benefits from the scheme and being involved in decision making; and local people owning and managing the project.

9.2 Currently there are two methods of securing some financial benefit for the local community, through voluntary contributions by the developer to a community fund, or through direct community investment in the development.

9.3 In the first case, developers are requested to make a voluntary annual contribution to a local community fund, related to the size of the development. Community benefit is separate from "planning gain", which is a contribution that can be required of a developer to provide, for example infrastructure improvements, where the development has created the need for such.

9.4 Securing community funds cannot be made a condition of a planning permission, and there is no way of requiring such contributions to be made. Nevertheless, Highland Council has been successful in persuading developers to make contributions, which average around £1,100 annually per MW of installed capacity. Highland Council now wants to set a higher ‘tariff’ of £5,000 per MW. Current figures suggest that a conservative estimate of income from a 1MW turbine after subtraction of operation and maintenance costs would be £100,000 per year, so the industry is clearly in a comfortable financial position to make a contribution to the community. Any contribution from a developer to a community fund is seen as a gesture of goodwill, and developers are free to negotiate such contributions with the party of their choice. Some developers in Orkney are already expressing willingness to make such contributions.

9.5 It would seem sensible for the Council to establish the same principle in Orkney. Some further discussion is needed on the appropriate level of contribution. The funds could be channelled to a trust fund established by the Community Council in whose area the development took place. The Council would seem the most appropriate organisation to facilitate the process and assist community organisations in any negotiations with developers. However if this agreed as the best way forward, the process for securing community benefit must be kept separate from that for the determination of planning applications, and any associated funding that may be sought from developers through "planning gain". This is necessary to maintain the impartiality of the planning process.

9.6 The second method of maximising community benefit is through community owned and financed wind turbines. The first community owned wind turbine in the UK

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was switched on in Wales in April 2003. The turbine is owned and managed by 59 share-holding members. A turbine in Burray, for which planning permission has already been granted, is expected to be developed in this manner, with local community groups being invited to take equity in the project, and to receive dividends on their investment.

9.7 The Scottish Community and Householder Renewables Initiative was established in 2002 as an incentive to deliver support for communities and householders interested in developing small-scale renewables projects. This scheme has proved very popular. In the Highlands & Islands, the community renewables initiative is being delivered through Highlands & Islands Enterprise's Community Energy Unit. The favoured approach to maximising community benefit is to assist communities in developing their own renewable energy schemes by providing grant assistance. The Community Energy Unit provides financial support for a range of community renewable initiatives, including the preparation of community development plans, for use by communities in negotiation with developers. In addition, Highlands & Islands Enterprise have announced their intention to develop in conjunction with local authorities their ideas for a Community Energy Company, which would provide funding and assistance to community groups to develop larger projects outwith the scope of the SCHRI.

Questions

6a) Should the Council be seeking to secure from developers funding for the benefit and use of communities, and if so, what level of funding would be appropriate?

6b) What mechanisms should be employed to allow negotiations on community funding between developers, communities and the Council, and how should any community funds be delivered? Is the Council the most appropriate body to lead this process?

6c) Should community renewable energy projects be given preference over commercial developments, and if so, how could this be done?

6d) Should the Council be taking a more proactive role in community owned and financed renewable energy schemes, e.g. by becoming an investor in such schemes?

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10. Key Issue 7 - Grid Connections

Aim of Strategy

To ensure that the development of renewable energy projects in Orkney is not constrained by inadequate grid connections, both with the island groups and to the Scottish mainland.

Background

10.1 Further development of renewables, whether this is wind, wave, or tidal power, can only occur if a further cable is laid across the Pentland Firth, between Orkney and the Scottish Mainland, permitting export of power to the load centres in South East England.

10.2 Scottish and Southern Electricity will only invest in a new cable (and OFGEM, the independent economic regulator for the gas and electricity markets, will only allow them to invest) if they are certain that the bulk of capacity provided will be used. Indeed they will size the capacity of a new cable to match the anticipated level of new generating capacity. Knowledge of planned and possible developments suggests that the most appropriate capacity of cable will be 132 kV, capable of handling new generating capacity in the order of 120-130 MW. In future years, marine energy may develop and give a wider mix of renewable energy sources.

10.3 The overall conclusion is that the best prospect for further development of renewables in Orkney would be the installation of a new 132 kV cable within the next five years. This is more likely to happen if the Council makes it clear that it wishes to see this scale of development in Orkney, and presses for a new cable to be installed.

10.4 The cumulative impacts of projects in Orkney which are developed to export power from beyond the islands will give rise to a specific indirect effect on the Highland Council area, if new electricity lines are required through the Highland area. This matter has been discussed by Highland Council who have formally requested that they be consulted on "all renewable energy applications likely to give rise to the need for additional transmission grid capacity passing through Highland". Following further consideration of issues associated with providing grid connection to the Northern and Western Isles, a Highlands and Islands Transmission Working Group has now been established to:

a) ensure the availability of capacity studies to quantify the feasible renewables resource across different parts of the highlands & Islands in conjunction with local planning authorities

b) identify realistic projects and particularly those held up as a result of lack of grid access

c) identify and cost grid strengthening options as the basis for a robust business case to be made to OFGEM to permit investment.

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10.5 Within Orkney, it is likely that grid connections will have to be improved, for example between the Mainland and North Isles, in order to allow power to be exported from these locations. The Council will need to work with Scottish and Southern Energy and the regulator to ensure that the distribution system is adequate to allow development of an appropriate level within the approved planning areas.

Questions

7a) Do you agree that the most appropriate capacity of a new cable connection across the Pentland Firth is 132 kV?

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11. Key Issue 8 - Offshore Wind

Aim of Strategy

To give consideration to the potential for offshore wind development in the shallow waters and shores, within and around Orkney.

Background

12.1 Offshore wind farms around the UK coast are being developed through rounds of licensing bids to Central Government. There is growing momentum in the development of this sector and under the first round of licensing 20 schemes were proposed which could supply approximately 1400MW of renewable energy by the summer of 2005. Only one of these schemes was in Scotland, at Robin Rigg in the Solway Firth. The off-shore industry has estimated that 3000-4000MW of new capacity can realistically be built by 2010. In total it is estimated that offshore development could provide around 40-50% of the 2010 renewables target. The huge potential of offshore wind power in the longer term could obviate the policy need to develop significant onshore wind power in the short term.

12.2 There are many factors which play a part in determining the feasibility of developing a particular off-shore location. These include technical and economic factors such as water depth and access of grid connections, as well as environmental factors such as impact on birds and marine ecology, visual impact and impact on other marine activities. In terms of sea depth, in the first round of applications, all the developers applied for sites with water depth not exceeding 17m. Most effort in mapping potential sites has focused on depths of up to 30m, although depths of up to 50m may soon become technically feasible. In Orkney this would equate with Scapa Flow and the channels between the North Isles. The current cost of offshore developments is £1000/MW compared with £680/MW for onshore wind.

12.3 The Department of Trade & Industry issued a consultation paper on the future framework for the development of offshore wind farms around the coast of Great Britain in November 200211. The consultation paper proposes three "Strategic Resource Areas" where future bids for seabed leases and development approvals will be invited. These areas are (a) Greater Wash; (b) Thames Estuary and (c) Irish Sea between North Wales and Solway Firth.

12.4 It is highly possible that some of the shallower water around the Orkney coastline may be attractive to developers, however outwith these strategic areas referred to above it may be harder to obtain consent for development in the short to medium term.

12.5 Offshore wind developments are outwith local planning control. Applications for offshore developments would be made to Scottish Ministers although for such developments it is expected that local planning authorities would be statutory consultees.

11 Future Offshore - A Strategic Framework for the Offshore Wind Industry, Department of Trade and Industry, November 2002

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Questions

9a) Is there potential for the development of off-shore wind power development in the coastal waters around Orkney, and if so, what should the Council be doing to encourage realisation of this potential?

9b) Should some of the uninhabited isles in Orkney be identified as sites for developing on shore and off shore wind technologies?

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12. Key Issue 9 - Marine Energy

Aim of Strategy

To give consideration to the longer term potential for the development of marine energy sources of renewable energy.

Background

11.1 The huge potential for the coastal wave and tidal power in Orkney was recognised by the Scottish Executive announcing in 2001 that Orkney had been chosen as the site for the European Marine Energy Centre (EMEC). The facility which will become operational later this year, has been part funded by the Council.

11.2 The two most significant forms of marine energy are (a) marine currents caused by tidal effects and thermal and salinity differences; and (b) ocean waves, generated by the actions of the wind blowing over the ocean surface. Wave and tidal technologies may become commercially viable in the period 2010-2015. The potential for tidal power in the Pentland Firth, Eynhallow Sound, the Churchill Barriers and in various other locations in, and round Orkney is widely recognised.

11.3 Currently the costs of marine energy are high, the technology is less developed, and these factors are coupled with higher perceived risks. A report prepared on behalf of the Scottish Executive in 200212 concluded that Scotland already possesses many of the skills and capabilities required to develop a world class marine energy industry

11.4 The authorisation of renewable energy facilities in the marine environment are outwith the jurisdiction of planning legislation, which is currently limited to land above the low water mark. Such development is therefore subject to the control of Central Government under the Electricity Acts. With the extension of planning control to control marine fish farming, a precedent has been set for planning control of the marine environment. Clearly with an increasing prospect of future development of marine energy and off-shore wind farms, there is a strong case for a further extension of planning control to cover such developments, and enable decisions on such developments to be taken at a local level.

11.5 Any development of off-shore wind and other marine energy developments should take place within a planning framework which ensures that conflicts between all the users of the marine environment is avoided. In Orkney waters, the interests of fishing and fish farming, navigation, tourism and recreation, marine archaeology, and the oil industry require to be safeguarded. The movement towards the development of Integrated Coastal Zone Management Plans will establish such a framework.

11.6 Under the Orkney Local Plan the Orkney coastal zone has been has been categorized as "isolated", "undeveloped" or "developed". There is a presumption against development on the "isolated" coast, in order that the character of this particular part of the coast is protected from development. It is considered appropriate that this constraint should be applicable to marine based development, as well as land based development.

12 Opportunities for Marine Energy in Scotland - A report for the Scottish Executive, Future Energy Solutions, November 2002

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Questions

8a) Should the Council identify specific areas considered suitable for marine energy developments in order to encourage development in this sector?

8b) Should the Council be pressing for more local control of marine energy development, including the extension of planning control to cover such developments?

8c) Should the landward presumption against development on the "isolated coast" be extended to the marine environment?

8d) What potential conflicts are anticipated between offshore renewable energy developments (including off-shore wind farms), and other users of the marine environment, and how would these conflicts be best resolved?

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13. Key Issue 10 - Biomass and other Specialised Renewable Energies

Aim of Strategy

To give due consideration to the longer term potential for other renewable energy techologies.

Background

13.1 There is a range of materials that can be converted into energy using a variety of process and technologies.

13.2 Biomass is anything derived from plant or animal matter and includes agricultural, forestry or wood wastes/residues and energy crops. Energy crops are crops grown for the purpose of energy generation, such as short rotation coppice willow. Such crops can offer diversification opportunities for the farming industry. Biomass may be economically viable for electricity generation in mid 2010's. Promising work is already underway: a wood waste boiler plant has been installed by Orkney Housing Association at its Lynn Road development in Kirkwall; willow crop trials are being conducted by the Agronomy Institute at Orkney College; and an anaerobic digestion cattle slurry plant is being developed by the Westray Development Trust with assistance from the Council.

13.3 Photovoltaics (PV) is the direct conversion of solar radiation into electricity by the interaction of light with he electrons in a semiconductor device or cell. PV may be economically viable post 2020. Solar water heating, passive solar design, heat pumps and solar ventilation are all commercially viable solar technologies with examples installed throughout Orkney.

13.4 Fuel cells produce electricity from hydrogen and air, with water as the only emission. Potential applications include stationary power generation, transport (replacing the internal combustion engine) and portable power (replacing batteries in mobile phones). The Orkney Renewable Energy Forum has commissioned a study looking at the feasibility of a hydrogen production facility.

Questions

10a) What is the potential for other renewable energy technologies in Orkney, and what planning response would be appropriate?

10b) Should the Council establish targets for these renewable technologies?

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14. Other Related Issues

Aim of Strategy

To ensure that all other planning issues related to renewable energy in Orkney are adequately addressed.

Background

14.1 This Issues Report seeks to provide an initial listing of the key issues that the Council suggests that the Renewable Energy Strategy should address, however this should not be seen as an exhaustive list. The Council hopes that consultees and stakeholders raise any other issues, which they consider worthy of inclusion within the Plan. In particular, views on the following would be welcome:

Economic Development

14.2 More extensive employment benefits could be achieved if fabrication of equipment took place in Orkney, as is now happening at Arnish Point in the Western Isles. Whilst there are no proposals at present, and manufacturing centres for wind turbines are well established elsewhere, there may be opportunities in the future as marine energy develops further. Established businesses in Orkney which are already involved in renewables, may see opportunities in this area, or there may be the possibility of incoming investment.

Energy Efficiency

14.3 Better insulated buildings and more energy efficient workplaces cut energy bills for householders and businesses. Reducing demand puts less pressure on energy supplies. Targets for renewable energy should also consider energy efficiency elements as well as generation targets. The Council's draft Local Housing Strategy aims to reduce the energy requirement and cost of energy in Orkney to eliminate fuel poverty and combat the severe climate.

Questions

11a) Do you agree with the main purposes of the Planning Framework as set down in para 1.4?

11b) Do you agree with the aims of the Planning Framework as detailed under each "Key Issue"?

11c) How should the Planning Framework deal with related matters such as employment opportunities and energy efficiency?

11d) Are there any other key issues that you think the Council should consider in the preparation of a Renewable Energy Planning Framework?

11e) Could you give your own views on any additional matter that you would wish to be considered?

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15. What are we looking for?

15.1 National planning guidance requires Councils to provide positively for the development of renewable energy, through the identification of broad areas of search suitable for wind and other renewable energy developments or, where appropriate, specific sites. The Council has provided a commitment within its Local Plan to prepared detailed guidance on Wind Power and Wind Turbines to supplement the policies already contained within the Structure and Local Plans. This document sets out the issues which the Council consider should be addressed in the preparation of a Renewable Energy Framework.

15.2 There are 10 key issues presented within this document. At the end of each key issue a range of questions have been added. We would like to hear your views on these questions. Please do not feel that the list of issues or questions are exhaustive. They have been developed in order to stimulate an initial discussion prior to the preparation of a draft strategy. If you feel that there are additional issues that require to be considered, or you feel you have views that cannot be adequately covered in an answer to any of the questions, please feel free so submit any additional comments.

Please let us have your views, by 5pm on Friday 30 April 2004. Responses should be sent to the Director of Development & Protective Services, Orkney Islands Council, Forward Planning Offices, 8 Broad Street, Kirkwall, KW15 1NX.

15.3 After considering the responses to this consultation, we shall begin preparing a draft Framework Plan which will be published later this year, so that we can invite public comment on the detailed proposals in the actual plan. Following consideration of the comments received the Council will publish a Finalised Plan.

Timetable for Preparation of Planning Framework for Renewable Energy Developments

Key Issues Paper

Draft Planning

Framework

The current consultation stage: OIC Environment & Planning Committee - Jan 2004 Public Consultation - March/April 2004

This will be the first full version of the Strategy: OIC Environment & Planning Committee - June 2004 Public Consultation - August/September 2004

Finalised Planning

Framework

This will be the final version of the Strategy: OIC Environment & Planning Committee - Jan 2005 Published - April 2005

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16. Wind Energy Developments in Orkney

Location Developer No. of Turbines

Total Height

MW Capacity

Planning Application Details

1. Operational

Rothiesholm, Stronsay 3 74m 2.7 App No 01/26/006 approved 8/5/01

Burgar Hill, Evie NEG Micon 1 116m 2.75 App No 02/16/020 approved 28/3/02 (replaced 2MW turbine in application below)

Burgar Hill, Evie NEG Micon 2 96m 1.5 & 2 App No 98/16/420 approved 15/11/99

Burgar Hill, Evie Nordex 1

1

76m

70m

1.3

0.9

App No 97/16/067 approved 7/7/97

2. Approved, but not

Mr A Spence

yet constructed

Northfield, Burray App No 02/21/317 approved

West Hill, Flotta Scotrenewables 1 100m 2.0 App No 02/23/241 approved

Burgar Hill, Evie Mr M Spence 2 100m 5? App No 02/16/189 approved

Spurness Point, Sanday Your Energy Ltd 4 100m 8 App No 02/27/394 approved 15/1/03

3. Submitted but not yet determined

Rothiesholm, Stronsay Farm Energy Ltd 6 75m 5.4 App No 03/26/109 Gruff Hill, Orphir Orkney

Sustainable Energy 3 72-75m

est. 7.5 est App No 02/13/410

4. Anemometer Masts

Cuffie Hill, Binscarth, nr, Finstown

Scotrenewables App No. 03/14/359 Approved

5. Others in Public Domain

Burgar Hill Expansion Orkney Sustainable Energy

2 6

Various Locations Fairwind ? 99 Flotta Expansion Scotrenewables ? 22

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