NORTH LANARKSHIRE COUNCIL

From: DIRECTOR OF PLANNING AND ENVIRONMENT

2- REPORT . .....................e a 1 : c P F ~ \{Q

, b z b n i r

S/02/01186/FUL CONSTRUCTION OF BLACK LAW WIND FARM AND ERECTION OF 132kV WOOD POLE ELECTRICITY OVERHEAD WIRE

I To: PLANNING AND ENVIRONMENT COMMITTEE [ Subject: CONSULTATIONS ON PLANNING APPLICATIONS S/02/00696/FUL AND

Date: gth OCTOBER 2002 Ref: S/02/00696/FUL & S102/01186/FUL/RCIJF

1.

1.1

2.

2.1

3.

3.1

4.

4.1

4.2

Purpose of Report

To advise the Committee that the Council has been consulted on 2 planning applications which have been submitted to the Scottish Executive and to provide comments and a recommendation on these applications to the Executive.

Bac kn round

Under the terms of the Electricity Act 1989, applications for certain renewable energy developments must be made to the Scottish Executive. In accordance with this Act, Scottish Power have applied for permission to construct the Black Law Wind Farm, and for a connecting overhead electricity line directly to the Executive, who are the determining authority in this case. North Lanarkshire Council has been consulted on these applications, as required by the Electricity Act, and has been requested to make its own recommendations on them to the Scottish Executive by the end of October 2002.

Sustainabilitv

These proposals for renewable wind energy development would assist in meeting the target set by the Renewables Obligation Scotland, of generating 18% of electricity in Scotland from renewable sources by 201 0. The applications represent a sustainable form of development, provided adequate environmental controls are in place.

Recommendations

To advise the Scottish Executive that North Lanarkshire Council would raise no objection to the Black Law Wind Farm application, subject to certain conditions being met which are set out in the following report.

To advise the Scottish Executive that North Lanarkshire Council raises no objection to the application for a 132kV Wood Pole Electricity Overhead Line to connect the Black Law Wind Farm to the national grid.

David M. Porch DIRECTOR OF PLANNING AND ENVIRONMENT

Date: - 20/09/02

Local Government Access to Information Act: for further information about this report, please contact Richard Cartwright, Planning Officer on 01698 302128.

windfarm

Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

Contrary to Development Plan:

Consultations:

Representations:

Newspaper Advertisement:

S/02/00696/FUL

23rd May 2002

CRE Energy Clo Scottish Power Strategic Transactions Cathcart Business Park Spean Street Glasgow G44 4BE

Construction of Black Law Wind Farm

Land At Black Law Wind Farm Shotts Lanarkshire

17: Stane

290000655000

SIPLIBII 7164 & 17163lRCIJF

No relevant site history

The Glasgow and the Clyde Valley Structure Plan 2000 contains Strategic Policy 8 and associated text on renewable energy developments. Policies of the Southern Area Local Plan Finalised Draft (Modified 2001) relevant to this proposal are policies ENV2 Renewable Energy, ENV5 Assessment of Environmental Impact, ENV8 Countryside Around Towns, ENVIO on Trees, ENV12 on Peatland, ENVl3 on Biodiversity, ENVl8 on Listed Buildings, ENV21 on Archaeology and TR13 on Assessing Transport Implications.

No

Scottish Natural Heritage (No response) West Of Scotland Archaeology Service (Comments)

10 Letters of Representation

6'h and 13'h June 2002

Com m e n ts :

The applicant, part of the Scottish Power Group has, as required under the Electricity Act 1989, applied to the Scottish Executive for consent to construct the Black Law Wind Farm. Situated largely within South Lanarkshire to the northeast of Carluke, this would consist of 67 wind turbines, each 70metres high but with a blade diameter of 80metres resulting in a total maximum height of IlOmetres. There would be associated stone access tracks created, and a new substation at Kingshill, south of Auchterhead. However, only 9 of the turbines with some associated tracks would be situated in North Lanarkshire. A Planning and a detailed Environmental Statement have been submitted with this

application, and extensive statutory and non-statutory consultations have been carried out by Scottish Power.

The background to the current application is the Renewable Obligation Scotland, under which the Scottish Executive is committed to increasing the proportion of electricity generated in Scotland via renewable energy from the present 11-12% figure to at least 18% by 2010. I am satisfied that the application accords with national and development plan planning policy. Following an assessment of the issues raised by the application including those highlighted in consultation and third party responses, I would recommend that the Council raises no objection to this proposal, subject to adequate controls by planning conditions and/or legal agreement being imposed by the Executive to control the environmental concerns which are set out in the following report and summarised in the recommendation below.

Recommendation: That North Lanarkshire Council informs the Scottish Executive that it raises no objection to this application subject to conditions and/or a legal agreement which ensure that the following concerns are met:-

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

A scheme of compensatory tree planting, to include the planting of native species to provide buffer screening, and also off-site planting to filter views southwards from the south edge of Stane and from the A71, on land which can be made available for this purpose, shall be agreed with the Planning Authority and implemented within twelve months of the wind farm becoming operational. This planting, together with any re-siting of turbines which proves possible, should seek to minimise the adverse impact of apparent turbine clusters which would be seen from south of Shotts, as shown in View 3 of the Environmental Statement.

Output from the wind turbines close to Spoutcross Farm shall be restricted when necessary, to ensure that noise levels at Spoutcross Farm remain within the DTI Noise Guidelines.

All construction and any heavy maintenance traffic access shall be from the B715 only.

A monitoring programme for both groundwater and surface water shall be submitted to and agreed in writing by the relevant Planning Authorities, prior to the start of the development.

Problems of sediment being carried into watercourses by surface water run-off down access tracks shall be mitigated by the construction of a series of stepped ditches or other methods, to be agreed in writing by the Planning Authority, prior to the start of the development.

An informative should advise the applicant to follow SEPAs Pollution Prevention Guidelines and the Forestry Commission's Forest and Water Guidelines during construction and felling operations.

A detailed risk assessment, with proposed mitigation measures, to address any adverse impact on water supply and quality at the Spoutcross Farm well and the commercial water-bottling plant south of Auchterhead, shall be submitted to and agreed in writing by the relevant Planning Authorities before development commences.

Proposals for an improved network of recreational footpaths, cycle and horse routes within the site, to include access from the northwest and leading to the Covenanters Monument, shall be submitted to the Planning Authorities for their written agreement prior to development commencing, and shall be implemented in full within twelve months of the wind farm becoming operational.

Within two years of the wind farm becoming operational, an overall Biodiversity Impact Report prepared by suitably qualified consultants, shall be submitted by the applicant to the relevant Planning Authorities and any recommended mitigation measures contained in this report shall be implemented to the satisfaction of and in accordance with a timescale agreed by the relevant Planning Authorities.

During the course of construction, regular monitoring of the proposed badger mitigation measures

shall be carried out by a qualified Ecologist on behalf of the applicant, and any recommended measures needed to ensure best practicable mitigation shall be carried out to the satisfaction of the relevant Planning Authorities.

An archaeological and listed building mitigation strategy shall be submitted to the relevant Planning Authorities, approved by them in writing prior to the start of development and subsequently implemented in full before the wind farm becomes operational.

Full details of proposed decommissioning and landscape restoration measures shall be submitted to and agreed in writing by the relevant Planning Authorities at least twelve months before the Wind Farm ceases to be operational.

Background Papers:

Application documents received 23rd May 2002

Memo from NLC Transportation Section received 302 Memo from NLC Geotechnical Section received 3rd July 2002 Letter from West Of Scotland Archaeology Service received 19th August 2002 Memo from NLC Community Services received 31st July 2002

Ith July

NPPG6 Renewable Energy Developments (revised 2000) PAN45 Renewable Energy Technologies (revised 2002) The Glasgow and the Clyde Valley Structure Plan 2000 Southern Area Local Plan Finalised Draft (Modified 2001)

Letter from Audra & Kevin Henderson,Brow Farm, Newmains, Wishaw, ML2 9PJ received 1st July 2002. Letter from Miller Beckett & Jackson,l90 St. Vincent Street, Glasgow, G2 5SP received 25th June 2002. Letter from Mrs K A Trussler,Lodgehill, Davisdyke Road, By Allanton, Lanarkshire, ML2 9PJ received 25th June 2002. Letter from Miss Helen Manners,Dura Farm, Dura Road, Wishaw, ML2 9PJ received 12th July 2002. Letter from Ann Melvin,Kirkhall Farm, Newmains, Wishaw, ML2 9PJ received 16th July 2002. Letter from Sneddon Morrison Solicitors & Estate Agents,Sheild Chambers, 156 Station Road, Shotts, ML7 4AW received 25th July 2003. Letter from Ann C Melvin,Kirkhall Farm, Newmains, Wishaw, ML2 9PJ received 26th July 2002. Letter from Anne Graham,Auchterlea Cottage, Daviesdykes Road, Newmains, ML2 9PJ received 13th August 2002. Letter from Robin Graham,Auchterhead Farm, Newmains, Lanarkshire, ML2 9PJ received 20th August 2002. Letter from Mr J Sutherland,Sunyside Cottage, Dura Road, Newmains, Lanarkshire, ML29PJ received 19th August 2002.

Any person wishing to inspect these documents should contact Richard Cartwright at 01698 302128,

APPLICATION NO. S/02/00696/FUL

REPORT

I.

1.1

1.2

2.

2.1

2.2

3.

3.1

3.2

3.3

Description of Site and Proposal

The 1859 hectares total site lies largely in South Lanarkshire and only small areas southeast of Allanton and Shotts are within North Lanarkshire (see map). Only 9 wind turbines and associated access tracks are proposed in NLC, all to the southeast of Spoutcross in a forestry area which also includes the listed Covenanters Monument.

The total Black Law Wind Farm proposal involves the construction of 67 wind turbines, each hub being 70m high, with a blade diameter of 80m creating a total maximum height of 110metres. They would be painted a semi-matt pale grey and situated 400metres apart, linked by a network of graded stone tracks. The proposal also involves the felling of 450ha of forest, new forest practices including short crop rotation and some new broadleaf planting around the edges. A new substation would be built within South Lanarkshire, to the south of Auchterhead. Construction would take up to 2 years, during which 200 construction related jobs would be created. Power for 80,000 houses would be generated. Related but separate applications have been made for an overhead electricity cable (see planning application S/02/01186/FUL, and appended to this report), and for further mineral extraction at Climpy in South Lanarkshire to the southeast, together with a visitor centre in conjunction with RSPB management proposals.

Development Plan

Strategic Policy 8 of the Glasgow and the Clyde Valley Structure Plan 2000 and associated text on renewable energy developments applies to this application.

Relevant policies of the Southern Area Local Plan Finalised Draft (Modified 2001) are ENV2 Renewable Energy, ENVS Assessment of Environmental Impact, ENV8 Countryside Around Towns, ENVlO Trees and Woodland Management, ENVl2 Peatland, ENVl3 Biodiversity, ENV18 Listed Buildings, ENV21 Archaeology and TR13 Assessing the Transport Implications of Development.

Consultations and Representations

My Transportation Section wish to seek construction traffic entering the site from the 8715 to the east, with no access taken from Dura Road in the northwest. My Geotechnical Section recommend a monitoring programme on groundwater and surface water conditions be established and comment on the need to secure satisfactory re-instatement details upon future decom mission ing .

NLC Community Services comments that visual impact has been reduced by the proposed layout, but recommends mitigation and filtering of major views towards the site, including by screen planting at nearby settlement edges. Proposed access tracks where they run perpendicular to contours could cause run-off problems and stepped ditches are recommended to allow sediment to settle. They also note that the removal of coniferous plantation to restore to modified peat bog is a biodiversity plus. Specific regular monitoring of the proposed badger mitigation measures by an Ecologist is recommended, together with the production of an overall Biodiversity Impact Report following the completion of operations.

West of Scotland Archaeology Service accept that archaeology is mostly adequately covered by the Environmental Statement, but recommend a condition to require the implementation of an archaeological mitigation strategy, to be submitted to the Planning Authorities for their approval prior to the start of development, following discussion and agreement with the West of Scotland

Archaeology Service. They also comment that the impact on the listed Covenanters Monument has not been adequately assessed.

3.4 No other responses have been received on this application arising from consultations made by North Lanarkshire Council. However it should be noted that the Scottish Executive, in their determination of the application, will also consider representations made to them directly in response to many statutory and non-statutory consultations undertaken by Scottish Power.

3.5 Turning to third party representations, a total of ten letters have been received by this Council from nine different parties. The issues of concern raised are set out below:-

concern that the proposal is contrary to the environmental principles of National Planning Policy Guidelines NPPG 6 on Renewable Energy Developments; concern that the proposal is contrary to the Glasgow and the Clyde Valley Structure Plan 2000, as the site lies outwith identified Preferred Areas for wind farms; concern that the proposal is contrary to the Local Plan Policy ENV8 on Countryside; more remote sites should be used; adverse impact on landscape character; visual impact on residences affected; noise impact on residences affected; adverse impact of traffic, inadequate local road access via Dura Road and road safety concerns; adverse impact on recreational walking/cycling/horse riding routes; adverse impact on water table, a commercial water bottling business at Kingshill (SLC area) and a private well at Spoutcross Farm (NLC area); tree felling; impact on the listed Covenanters Monument; concern at where the location of and routes to the proposed Visitor Centre might be.

4. Planninn Assessment and Conclusions

Planninq Policy Backqround

This application must first be considered against relevant national and development plan policy on renewable energy developments. National Planning Policy Guidance Note 6 Renewable Energy Developments generally promotes such developments in Scotland. It is accepted that wind energy provides the only short-medium term solution to enable the Renewables Obligation Scotland, agreed by the Scottish Executive, to be met. The Black Law site was selected, following a Scotland -wide search for potential sites, because wind conditions are favourable, it is close to areas using much electricity, with good connections to the electricity grid, good access and it is relatively unconstrained by special environmental designations. Although not identified within the "Preferred Areas" for wind farms in the Glasgow and the Clyde Valley Structure Plan 2000, the modified associated text does recognise the potential suitability of North Lanarkshire for such development.

4.1

4.2 The only specific site designation in the Southern Area Local Plan Finalised Draft (Modified 2001) is that of Countryside Around Towns. Policy ENV8 includes development related to renewable energy among possible appropriate countryside uses of land. Local Plan Policy ENV5 on Renewable Energy makes a commitment that the Council will encourage the use and development of renewable energy, including schemes, where appropriate, to utilise wind energy; regard will be had to the contribution towards the national renewable energy requirement, also to the assessment of environmental impact required by Policy ENV5. Other policies of the Local Plan relevant to the assessment of particular aspects of the Black Law Wind Farm proposal are discussed in the sections which follow.

Visual and Landscape ImDacts

4.3 I am satisfied, in the light of the planning policy background discussed above, that any outstanding concerns on visual and landscape impact issues would not warrant any refusal of this application and that, as demonstrated by the Environmental Statement, pre-submission refinements have significantly reduced potential impacts in these areas. However, the assessment of visual effects in the Environmental Statement does note that there would be a moderate/substantial effect on views from the southern edge of Stane, Shotts, with several apparent clusters of turbines seen at the eastern part of the view (see View 3 of the Visual Assessment). It would be beneficial to this view if these apparent clusters of turbines could be spread out more evenly by a repositioning of the relevant turbines. It would also be beneficial if some tree planting at available sites along this settlement edge could be secured. Some off- site planting at available sites on the south side of the A71 would also be desirable, as extensive open views towards the wind farm from long stretches of this road are forecast in the Environmental Statement.

4.4 Local Plan Policy ENVIO states that the Council will encourage the protection and enhancement of the Plan area’s tree and woodland resource. The wind farm proposal would lead to significant tree felling including areas in North Lanarkshire and I consider that a planning condition should secure the Planning Authorities’ agreement to a scheme of compensatory planting, to include buffers of native species planted around all residual hard forest edges, wherever possible.

Noise Impact

4.5 The Environmental Assessment has predicted that there will be little detrimental impact from noise from the Black Law Wind Farm proposal. Some Members and officers have had the opportunity to visit the smaller Dunn Law Wind Farm south of Edinburgh and research has also demonstrated that public fears of noise disturbance have proved to be far worse than the reality. Nevertheless, the Environmental Statement does indicate that, during certain wind conditions only, noise levels at Spoutcross Farm (see map) would slightly exceed recommended limits. I would therefore recommend that a noise condition be requested to ensure that noise levels at Spoutcross Farm remain within the DTI Noise Guidelines, by restricting the output of the nearest turbines as necessary.

Traffic and Road Issues

4.6 I consider that the intention that construction traffic should access the site from the B715 along the east side should be made a requirement of any consent for the wind farm. Dura Road through Auchterhead is unsuitable for any construction access to the site and, in connection with this development, I regard it as only suitable for occasional cars or very light vans on inspection or maintenance visits. I would recommend that a condition be sought accordingly. Third party representations have raised the issue of where the proposed visitor centre would be and the access routes to it, and I can confirm that this would be near Climpy in South Lanarkshire in the eastern part of the site, with access from the B715 only.

Site Drainage and Water Qualitv

4.7 NLC Community Services have noted that water run-off problems could ensue where proposed access tracks run perpendicular to contours, unless there is a requirement to construct stepped ditches to allow sediment to settle. My Geotechnical Services recommend that a monitoring programme on both groundwater and surface water quality be required from the applicant. I recommend that both these points be sought by condition, and also an informative advising that the applicant should follow SEPA’s Pollution Prevention Guidelines and the Forestry Commission’s Forest and Water Guidelines during construction and felling operations.

4.8 A particular water quality concern has been raised on behalf of a private water bottling plant south of Auchterhead, and also by the owner of a private well at Spoutcross. I consider that a detailed risk assessment on this issue with proposed mitigation measures should be submitted by the applicant and agreed in writing by the relevant Planning Authorities prior to the start of development.

Recreational Footpaths/Cycle Tracks/Horse Routes

4.9 The Planning Statement accompanying the application refers to the potential for an extensive network of footpaths and cycleways to be created to offer a considerable recreational resource. Together with a desire for horse routes, this has also been the subject of third party representations. The application submission, however, makes no specific commitment to provide such routes. I consider the provision of such routes to be a reasonable compensatory benefit which should be secured by planning condition or legal agreement, and recommend that this be sought in the Council's response to the Scottish Executive. This should include suitable routes into the site from the northwest side, and include better public access to the listed Covenanters Monument.

Biodiversity

4.10 I consider that the Environmental Statement submitted with the application demonstrates that Local Plan Policies ENV12 on Peatland and ENV13 on Biodiversity will generally be met by the wind farm proposals. However, I concur with the recommendations of NLC Community Services to seek regular monitoring of the proposed badger mitigation measures by a qualified Ecologist, and also the production of an overall Biodiversity Impact Report following completion of construction of the wind farm, by planning conditions.

Archaeoloqical and Listed Buildinq Impacts

I concur with West of Scotland Archaeology Service's recommendation that a condition be sought, to require the implementation of an archaeological mitigation strategy, to be submitted to the relevant Planning Authorities for their approval prior to the start of development, following consultation with the West of Scotland Archaeology Service. I also concur with their view that the impact of the wind farm development on the listed Covenanters Monument east of Spoutcross (see map) has not been adequately assessed. Subject to a condition which I recommend be sought on these issues, Local Plan Policies ENV21 and ENV18 on Archaeology and Listed Buildings respectively would then be met.

4.11

Provision for Future Site Reinstatement

4.12 Local Plan Policy ENVS on Assessment of Environmental Impact states that the Council will address the need for specific measures to ensure satisfactory decommissioning of renewable energy developments. The explanatory text to this policy (para 2.42) states that such procedures must be considered and agreed at the outset to allow the site to revert to its original or an enhanced condition. It is understood that the applicant considers landowners will in future wish to retain the access tracks, but that Scottish Power would not object to a condition requiring the tracks to be lifted upon decommissioning of the wind farm, unless otherwise agreed by the relevant Planning Authorities. However, I consider this a matter which requires further consideration jointly by the different Planning Authorities involved. I would therefore recommend that a condition be sought requiring full details of proposed decommissioning and landscape restoration measures to be submitted to, and agreed in writing by the relevant Planning Authorities, before decommissioning starts.

Conclusion

4.13 In the light of the assessment of the planning issues considered above, I recommend that the Council advises the Scottish Executive that it has no objections to the Black Law Wind Farm proposal subject to conditions and/or a legal agreement which are listed in the summary report.

S/02/0 1 1 86/FU L Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

Contrary to Development Plan:

Consultations:

Representations:

Newspaper Advertisement:

15th August 2002

Power Systems New Aldertson House Dove Wynd Strathclyde Business Park Bellshill ML4 3FF

Erection of 132kV Wood Pole Electricity Overhead Line from Proposed Kingshill Substation (O.S. ref 868544) to Underground Cable Connection Southeast of Waterloo (O.S. ref 81 6538)

Route Between Black Law Windfarm Substation And Gillhead, North Of Wishaw Road, Wishaw Lanarkshire

15/16/17 Garrion/Newmains/Stane

283668654243

SIPLIBl3192, 2162, 3184, 31931RCIJF

No relevant history

The proposed route runs through land designated as Countryside and Green Belt in the Southern Area Local Plan Finalised Draft (Modified 2001), to which policies ENV8 and ENV6 apply.

No

None received

22 and 29 August 2002

Comments:

The applicant, part of the Scottish Power Group, has, as required under the Electricity Act 1989, applied to the Scottish Executive for consent to install a 132kV Wood Pole Overhead Electricity Line to connect the proposed Black Law Wind Farm to the national grid. A total 5.5 kilometre length of route is proposed, to run westwards from the proposed Kingshill Substation, south of Auchterhead, at the western side of the proposed wind farm. It would initially follow an existing wayleave through a conifer forest, with very limited additional felling required, then across open land to cross the A73 close to the bridge over the railway north of Bogside. It would then run parallel to the A721 to a hedgerow near Gillhead, southeast of Waterloo, where the line would be connected to an underground cable to connect to the Wishaw Grid Substation at Gowkthrapple.

The overhead line would be supported by 11 metre high wood poles, with a standard span length of 130 metres, although at road crossings the height may be increased to a maximum of 17 metres. An Environmental Statement has been submitted by the applicant, which concludes that there would be no

PLANNING APPLICATION No. S / 02 / 01 186 / FUL

ERECTION OF 132kV WOOD POLE ELECTRICTY LrnLrbhire 1 9 ~ Coundl

Repmdvced lmm the OTdname Svwey mappw with the p e r m i ~ s ~ n of tha CmnVdler of her MalesNe

U n a u w e d reprcduCOm infringes Crown mpmht slati-~ omce m CVM mpmhi

and may 1-a 10 proencyllon OT civil p e ~ j t n g s

Pmducad Plamng and by Environment

2 Trysl Road

OVERHEAD LINE FROM PROPOSED KINGSHILL

CONNECTION SOUTHEAST OF WATERLOO

BLACK LAW WINDFARM TO GILLHEAD, WISHAW.

Suits Headquarters 501, Flemlng House

CUMBERNAULD 067 IJW 01236616210 F a 01238616232

os LlmncsLAOSNlL

SUB-STATION TO UNDERGROUND CABLE

1:35000

significant adverse effects including on landscape, recreational activity or through operational noise. I agree with this conclusion. There are no development plan policy objections to the application and Southern Area Local Plan Policies ENV6 and ENV8 specifically include development associated with renewable energy generation, in the list of uses which are seen as appropriate uses in the Green Belt and countryside. I consequently recommend that North Lanarkshire Council raises no objection to this proposal.

Recommendation: That North Lanarkshire Council informs the Scottish Executive that it raises no objection to this application.

Background Papers:

Application letters, schedules, plan and Environmental Statement received Southern Area Local Plan Finalised Draft (Modified 2001)

August 2002.

Any person wishing to inspect these documents should contact Richard Cartwright at 01698 302128.