Steve Rogers – Head of Planning & Building Standards Services
Kirkbank, English Street, Dumfries, DG1 2HS
Telephone (01387) 260199 - Direct Dial Fax (01387) 260188
Planning Applications Committee Report
ERECTION OF 1 NO. WIND TURBINE (34.2M TO BLADE TIP)
AT UPPER INGLESTON, MONIAIVE
Application Type: Full Planning Permission
Applicant: Mr Gourlay, Auchencheyne Ltd
Ref. No.: 12/P/3/0026
Recommendation - Approve subject to a) an unopposed modification to planning
permission 09/P/3/0020 to remove the wind turbine from that permission; and b)
conditions
Ward - Mid and Upper Nithsdale
Hierarchy Type (if applicable) - Local
Case Officer - Patrick Hanna
1
BACKGROUND
1.1 Under the Scheme of Delegation, this application requires to be considered by the
Planning Applications Committee for the following reasons: Glencairn Community Council has objected to the proposal and officers are minded to
approve,
 More than 6 separate and individual objections on material planning grounds were
timeously received.
1.2 This proposal relates to agricultural land associated with an agricultural worker's
dwellinghouse at Upper Ingleston Farm (approx 150m AOD), which is situated
approximately 1.4km south of Moniaive, and some 450m metres south-west of the
dwelling. The application site sits on hillside overlooking the convergence of two valleys at
Moniaive. The dwelling is sited at approx 150m AOD, the turbine at approx 200m AOD,
with Green Craig hill rising to 262m AOD to the south. Further south, the land plateaus
then rises again to the afforested Dalmacellan Hill (319m AOD) in the south-east and Ell
Rig (320m AOD) to the south-west. To the west of the site, the A702 runs along the valley
at approx 130m AOD. To the north, the B729 runs along the valley at approx 110m AOD,
and the C116n along the valley side at approx 110m AOD. Both valleys converge at
Moniaive (approx 110m AOD). Other than the dwelling at Upper Ingleston Farm, the
nearest dwelling to the north is Blackstone (approx 670m), to the north-east is Poundland
(1km), and to the north-west Craignee, Kirkcudbright Cottage and Nether Kirkcudbright
(approx 1.1km). The site is located within the Thornhill Uplands Regional Scenic Area.
1.3 The proposal is for one wind turbine of a tip height of 34.2m, hub height of 24.6m and
three blade rotor of 19.2m diameter, with a tubular tower. Existing farm tracks would be
utilised to access the site, with a further 260m looping section of track proposed. Cabling
from the turbine would be underground to a transformer, thereafter to the new house and
with a connection to the national grid at the public road.
1.4 The submission includes a Planning Statement and a Zone of Theoretical Visibility
(ZTV) map up to 7.5km from the application site with three wireline drawing /
photomontages of the proposed turbine.
1.5 A previous planning application (11/P/3/0347) for a wind turbine (46m to tip, 36.4m to
hub, 19.2m diameter) at the same location was refused by the Planning Applications
Committee in December 2011 on the grounds that:'The siting and scale of the proposed wind turbine would result in a significant adverse
visual impact upon the local landscape character within the Thornhill Uplands Regional
Scenic Area, as experienced from the Intimate Pastoral Valley and Upland Glen landscape
character types. The proposal fails to have sufficient regard to Dumfries & Galloway
Structure Plan Policy E3 and is contrary to the requirements of Dumfries & Galloway
Structure Plan Policies E2 and S21 and Nithsdale Local Plan General Policy 42.'
1.6 Planning permission (09/P/3/0020) was granted in July 2009 for the erection of a
farmhouse (justified by agricultural labour requirements), installation of septic tank and
soakaway and erection of wind turbine (14.8m to tip). Subsequent to that approval, a
planning application (10/P/3/0386) was received for the erection of one wind turbine of 67
metres to tip to replace the approved 14.8m turbine. That application was withdrawn in
June 2011 following the issue of a screening opinion (11/E/3/0001).
1.7 The planning authority have issued two screening opinions with regard to turbines at
this site. Screening request 11/E/3/0001 was for a turbine of 67 metres to tip and it was
considered that EIA was required. A subsequent request (11/E/3/0009) was for a turbine of
45.5 metres to tip, and it was considered that an EIA would not be required. On the basis
of this most recent opinion, EIA is not required for the current application.
2
CONSULTATIONS
2.1 Glencairn Community Council:- Objection.
(a) The visual impact on the landscape of this conservation village.
(b) The fact the applicant has already received planning permission for a smaller turbine
(14.8m) for the eco-house currently under construction.
(c) The fact that the applicant has had an application for a turbine of 46m recently denied.
The reduction of 11.8m from the rejected application to the new one is not reasonable plus
the proposed site of this turbine is on the ridge and so would be very visible and appear
even larger.
(d) Concerned as to why another larger turbine is required for this eco-house particularly
as it is proposed to site it a distance from the property.
(e) Grave concerns about the effect this will have on tourism to the parish which plays a
very important role in keeping 4 eating establishments and 3 shops in business, not to
mention the garage and the numerous festivals this village hosts bringing in tourists which
boost the economy of not only Moniaive but Dumfries and Galloway as a whole.
2.2 Council Roads Officer:- No objections.
The proposed turbine is to be located approximately 725 & 1000 metres from the C116n &
A702 public roads respectively. Local roads interests not adversely affected.
2.3 Council Archaeologist:- No objections.
No significant adverse effects on the historic environment have been identified as a result
from this proposal.
2.4 Council Environmental Standards:- No objections, subject to conditions.
2.5 Scottish Natural Heritage:- No objections.
(a) SNH do not consider there to be any landscape issues likely to affect any natural
heritage interests of national importance. SNH therefore recommend the Council apply the
provisions contained within the Dumfries and Galloway Interim Planning Policy: Wind
Energy Development in assessing this application.
(b) SNH are not aware of any European Protected Species (EPS) which may be affected
by this development.
(c) The proposed development is located within an area identified by the RSPB as having
no sensitivity rating and within Zone 2 (medium) of SNH Strategic Locational Guidance for
Onshore Wind Farms. SNH are not aware of any ornithological issues likely to be affected
by this proposal.
2.6 RSPB:- No objections.
2.7 Ministry of Defence:- No objections, subject to conditions.
2.8 NATS (En-Route):- No objections.
The proposed development has been examined from a technical safeguarding aspect and
does not conflict with NATS safeguarding criteria.
3
REPRESENTATIONS
Objection (31):
Robin & Sandi McIver, Woodlea Hill, Moniaive
Grant Aitken, Jarbruck, Moniaive, Thornhill
J Arnold, Linnwood, North Street, Moniaive, Thornhill
Emma Baxter, 19 Copley Glen, Copley, Halifax
Amy Baxter, 19 Copley Glen, Copley, Halifax
Andy Baxter, 19 Copley Glen, Copley, Halifax
Aimee Bentley, Glenview, Ayr Street, Moniaive, Thornhill
Mrs A B Bridgwood, Westerly Cottage, Lower Ingleston, Moniaive
P N Bristow, Glenwhisk, Moniaive, Thornhill
Helen Gracie, 59 Evelyn Road, Sheffield
Rodney J Holland, Craignee, Moniaive, Thornhill
Ann Holland, Craignee, Moniaive, Thornhill
Lynn Irvine, The Slats, Moniaive, Thornhill
Steve Irvine, The Slats, Moniaive, Thornhill
Lynne & Mick Jessop, 10 Godly Close, Rishworth, Sowerby Bridge
J Knowles, Linnwood, North Street, Moniaive, Thornhill
Moira A McKerlie, Mount Cottage, Dunreggan, Moniaive, Thornhill
K W McKerlie, Mount Cottage, Dunreggan, Moniaive, Thornhill
Morag McKie, Ben Morrin, Morrinton, Dumfries
William M McKie, Ben Morrin, Morrinton, Dumfries
Mr David McMillan, Eriff, Carsphairn, Castle Douglas
Miss Fiona McMillan, Crichen Cottage, Moniaive
John Plant, Whitestones, Moniaive, Thornhill
Sheena Plant, Whitestones, Moniaive, Thornhill
Sam & Rachel, Laurieknowe, Kirkland Road, Moniaive, Thornhill
R D Saunderson, Dunollie, Chapel Street, Moniaive, Thornhill
Mr Steven Snape, Clonegate, Moniaive, Thornhill
E R Thomson, Ingleston Mains, Moniaive, Thornhill
Mrs D Trower, Bardennoch Steading, North Street, Moniaive
Mrs J Wilson, Barbuie Cottage, Moniaive, Thornhill
Mr J Wilson, Barbuie Cottage, Moniaive, Thornhill
3.1 Grounds of objection can be summarised as follows:(a) The application should be rigorously assessed against the considerations of the Wind
Energy Development Interim Planning Policy, including cumulative impact.
(b) The photomontages show that this turbine will be very visible from Moniaive which is
designated as a conservation village. The proposal will be visible to many people both
within and outwith Moniaive village.
(c) The turbine will dominate the landscape. The natural beauty of the surrounding area
and the Regional Scenic Area should be protected. The wild land characteristics of the
landscapes in the glen are such that any vertical development would appear highly
intrusive.
(d) Some of the submitted photomontages are taken from directly behind trees.
(e) It will have an extremely detrimental effect on the amenity of the area for local people.
(f) There is a strong possibility of noise nuisance to residents even whilst in their own
properties.
(g) As a shepherd, one objector is concerned that they would be working in close proximity
to the said turbine and have to endure both the noise and shadowing effect emitted.
(h) This will be visible to many and being so close to the village it will be very hard to miss
and will spoil the beautiful views enjoyed by the many tourists that come to Moniaive. The
village that attracts a considerable amount of tourism revenue from its reputation as a
picturesque rural setting. The village is promoted as an attractive location for tourists for
music festivals.
(i) The area is popular for recreational uses, and the proposal will be very intrusive and
have an adverse affect on the views and landscape of an area that is very well used for
walks and cycling.
(j) A substantial track was constructed approximately three years ago, leads to nowhere
and is a scar on the landscape. Planning permission has not been granted for this track or
for the extraction of gravel from a borrow-pit. The borrow-pit is also a blot on the landscape
which will only become more prominent with further extraction.
(k) The turbine will be within one kilometre of the school therefore will be both seen and
heard from the school grounds. Children should not have to spend their days in the
shadow of this development.
(l) A 15m high turbine, as originally approved would be acceptable.
(m) Distraction to motorists.
(n) The proposal will result in further decline in population.
(o) Effects on flora and fungi.
(p) Effects on migratory and resident bird strike and wildlife in general.
(q) Effects on air flow and consequences.
(r) Effects on aviation.
(s) Effects on local shop, school, businesses.
(t) It will also be visible during the night due to the flashing light required by the MoD.
(u) The turbine should be sited closer to the eco-house.
[NB – additional comments were also made in respect of construction disturbance, the
necessity of the development, construction materials of the farmhouse/eco-house, the
setting of a precedent for future wind farm development, and property depreciation,
however these are not material considerations which the Council as planning authority can
take into account when determining this application. Furthermore, additional comments
have been made in respect of the dwellinghouse forming part of an eco-business, contrary
to the agricultural occupancy condition imposed on the dwellinghouse; a B&B would not
require further permission, but where permission was required then this would be a matter
for enforcement at that time]
Support (18):
Gordon M Baxter, Blackstone Cottage, Moniaive
John Bell, Arncliffe Hall, Ingleby Cross, Northallerton, North Yorkshire
J Blackstock, Crawfordton Garage House, Moniaive
R Blackstock, Crawfordton Garage House, Moniaive
Catherine Braid, The Green Tea House, Moniaive
R J Carver, Flat 2, Auchencheyne, Moniaive, Thornhill
F W Dykes, AMD Contract Services Ltd, High Street, Moniaive, Thornhill
Sandy Forsyth, Bennan, Tynron, Thornhill
G J Gourlay, Old Craigneston, Moniaive
Alison M Graham, Peilton, Moniaive, Thornhill
Charles Henson, Coleby Grange, Coleby, Lincolnshire
David McCall, Barbuie, Moniaive, Thornhill
Christopher Palmer, 12 Devonshire Place, Jesmond, Newcastle
Robert Schiller, Sykes Partners & Co, Craigdarroch, Moniaive, Thornhill
Toby Speke, Thornbrough High House, Corbridge, Northumberland
Roy Weir, Dressertland Farm, Thornhill, Dumfries
Mrs Christine Wright, Milnton Cottage, Tynron, Thornhill
Mr Hugh Wright, Milnton Cottage, Tynron, Thornhill
3.2 Grounds of support can be summarised as follows:(a) Agriculture needs to diversify to become more sustainable and produce a greener
future for all.
(b) This single turbine will have minimal visual impact on the area while at the same time
will harness natural energy from wind, mitigate C0² emissions and help meet the Scottish
Government's national targets.
(c) Support is based upon the social and economic benefits that the local community will
reap from the application. In increasingly uncertain times, any boost to the local economy
with regards to jobs (particularly for local contractors) and the increased footfall for the
village that such a project would bring cannot be ignored.
(d) The development forms an integral part of the eco-house development, which has
been well thought out and will be of benefit to the whole area.
(e) A precedent has already been set with the turbines working away up Dalwhat Glen.
(f) Whilst small scale, collectively these proposals can contribute to local requirements.
(g) Wind power is better than nuclear power.
4
REPORT
Relevant development plan policies:Dumfries & Galloway Structure Plan
D36 - Design of Development
E2 - Regional Scenic Areas
E3 - Landscape Character
S21 - Renewable Energy
S22 - Wind Farm & Wind Turbines Development
Nithsdale Local Plan
General Policy 1 - Development Principle
General Policy 2 - Development Considerations
General Policy 7 - Siting & Design
General Policy 12 - Potentially Polluting Development
General Policy 24 - Farm Diversification
General Policy 42 - Regional Scenic Areas
Other material considerations include:
Dumfries and Galloway Council Interim Planning Policy: Wind Energy Development
Dumfries and Galloway Windfarm Landscape Capacity Study
Scottish Planning Policy
Scottish Government series of web-based renewables advice for onshore wind
turbines
4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997, as amended by the
Planning etc. (Scotland) Act 2006, requires that:- “Where, in making any determination
under the planning Acts, regard is to be had to the development plan, the determination is,
unless material considerations indicate otherwise, to be made in accordance with that
plan”.
4.2 When determining applications, the Council is required to consider the overall aims
and objectives of the development plan as well the above subject policies. The guiding
principle of the Dumfries & Galloway Structure Plan is to encourage the growth and
development of sustainable communities in Dumfries & Galloway. To achieve this, the
following aims have been set out for the Structure Plan: To support development of the local economy
 To support urban and rural communities
 To support and protect the natural and built environment
 To make best use of services and facilities
4.3 Interim Planning Policy: Wind Energy Development (IPP) was approved by the
Planning Housing and Environment Services Committee on 14 February 2012. It is the
Council's latest statement of policy with regards to wind energy development, and is a
material consideration for all such development. It intends to replace the Wind Energy
Diagram and Technical Paper No.5, but does not replace any development plan policies.
Notwithstanding this, the methodology of Structure Plan Policy S22 is now considered to
be outdated because it does not comply with SPP’s requirement for planning authorities to
set out a spatial framework for wind energy development identifying areas of protection
areas of constraint, and areas of search. The methodology undertaken by IPP does meet
these requirements and, as a consequence is considered to outweigh Structure Plan
Policy S22.
4.4 The IPP sets out 3 Interim Policies; WEP1 for Areas Requiring Significant Protection;
WEP2 for Areas of Search for Large and Medium Scale Wind Energy Developments; and
WEP3 for All Other Areas. The proposal falls outwith Areas of Significant Protection, and
the proposed turbine is identified in the IPP as being within the 'Small to Medium' category
(20-50m high). As such, the proposal requires to be assessed against WEP3 which states
that development will be considered favourably, provided that the Council has concluded
that: All relevant Section 7 considerations are adequately resolved,
 The proposal has no adverse effects on any Natura site,
 The proposal has no significant adverse effects on other Areas of Potential Constraint,
 The proposal has taken into account and responded to the Dumfries and Galloway
Windfarm Landscape Capacity Study (DGWLCS) sensitivity assessments.
4.5 The site is distant from Natura sites. However, it is within the identified Areas of
Potential Constraint, due to its location within the Thornhill Uplands Regional Scenic Area.
As such, the key relevant issues requiring consideration, as set out by WEP3 and Policies
S21 are: Landscape and visual amenity
 Effects of local amenity and communities
 Other considerations (including aviation, access, tourism and recreation, historic
environment and cultural identity, biodiversity, forests and woodlands, broadcasting
installations, and decommissioning and restoration)
Landscape and visual amenity
Landscape sensitivity
4.6 The application site is located at the convergence of three sensitive landscape
character types. The DGWLCS sensitivity assessments for these units indicate that the
landscape sensitivity and visual sensitivity is high or high-medium for small-medium
turbines:4.7 Type 18 Foothills the landscape character type to which the application site itself
relates. The foothills are of a medium to large scale, with simple landcover and sparsely
settled, lying adjacent to settled lowland landscapes. The sensitivity assessment
concludes that the small-medium typology could be accommodated where, 'located to take
advantage of a backdrop of rising ground and avoid key containing ridges or landmark
hills'.
4.8 Type 5 Intimate Pastoral Valleys are the landscape character type which represents
the more populated area from which the proposed turbine would be experienced, mainly
around Moniaive. The intimate pastoral valley is relatively wide, contained by low ridges
with occasional more prominent hills, with settlement frequent, dispersed and varied. The
sensitivity assessment concludes that the small-medium sized turbines can be hard to
accommodate and, 'should focus on being located where they can be related to landform
of an appropriate scale, including long low ridgelines and concave folds in the landform,
back-dropped by adjacent larger hills, moorland or plateaux. Careful consideration of the
size of these turbines relative to the numerous built and natural features which are
widespread in the more settled lower valleys (for example, exploring options around the
35m height) could create more opportunities for siting this size of development. Care
should also be taken to not place turbines in the focal point of views up side valleys'.
4.9 Type 10 Upland Glens are enclosed and often narrow, contained by steep sides which
rise to form irregular ridgelines. The sensitivity assessment concludes that the smallmedium turbines should be 'located where the valleys are wider and the perceived scale of
the valley is seen as broader. It is likely that turbines taller than 35m will be difficult to
accommodate, and their visual impact on the perceived scale and narrowness of the
valleys should be carefully assessed. Turbines should avoid intrusion on key views to the
often dramatic heads of the glens and wind turbine development in the adjacent Southern
Uplands (19) and Foothill (18 and 18a) character types should also be sited away from
prominent ridge lines and glen heads'.
Turbine height in relation to the scale of the landscape
4.10 The IPP acknowledges that a turbine of the proposed height is going to be one of the
tallest structure in any landscape. The developer has kept the revised height of the
proposed turbine in line with the 35m limit suggested in the sensitivity assessments. Whilst
the site itself is highly prominent due to its location on a broad valley side at the
convergence of the valley and the glen, the height would now relate more appropriately to
the landform of the long low ridgeline. From most viewpoints, there are few landscape
features in close proximity against which to judge the scale.
Landform shape, and landscape pattern and features
4.11 The proposed turbine would be perceived as being within the foothills landscape
character type. The smaller and more complex landforms associated with the valley, such
as the small fields and intricate settled areas, become less prominent higher up the hill.
Accordingly, the proposal would relate to, and is of appropriate scale with, the gently rising
hill form on which it is to be sited. Furthermore, the proposal would not have any significant
adverse impact upon the landscape characteristics for which the Regional Scenic Area is
designated.
Visibility
4.12 A map of Zones of Theoretical Visibility (ZTV) has been submitted to aid assessment
of visual impacts. This demonstrates potential visibility around the site extending to
include: All of Moniaive village,
 All of the A702 east from Moniaive to Shancastle Farm (approx 4km),
 The majority of the A702 south-west from Moniaive to Holmhead (approx 8km),
 Some of the more elevated hillsides within the wider locality (within and possibly
beyond the 7.5km boundary).
4.13 The ZTV is based on topography only and, in reality, intervening landscape features
such as woodlands and buildings will provide greater or lesser screening depending on
context. Notwithstanding this, the extent of the visual effect is still likely to occur over a
significant geographical area, due to the siting of the turbine at the convergence of the
Intimate Pastoral Valley and the Upland Glen landscape characters. Furthermore, this
effect is likely to occur within landscapes that are highly sensitive to windfarm
development. However, the reduced size of the turbine goes a significant way to mitigating
the concerns raised by the previous application. This is demonstrated by the three
photomontages that have been provided, taken from the bridge on the A702 south-west of
Moniaive (VP1), from the A702 just west of Kirkland (VP2), and from the A702 south-west
of Moniaive at Kirkcudbright Farm (VP3). In all of these images, whilst the turbine is shown
as being prominent with the turbine rising above the ridge line, the proposal is now of a
scale that is broadly in keeping with the scale of the existing landform.
Cumulative impacts
4.14 Windfarms and individual turbines in the locality include: 03/P/3/0746 - 14 no. turbines at Wether Hill (installed).
 05/N/2/0005 - 23 no. turbines at Blackcraig (approved).
 11/D/3/0008 - 1 no. wind turbine (22.5m to tip) at Gaups Mill (approved prior approval).
 11/P/3/0114 - 1 no. wind turbine (47m to tip) at Calside Farm, Moniaive (approved).
 11/P/3/0117 - 1 no. wind turbine (47m to tip) at Calside Farm, Moniaive (approved).
4.15 The submitted planning statement notes that Wether Hill is 9km distant, and that
there is little cumulative impact with Blackcraig (which is 7.5km distant) due to intervening
hills. No assessment was submitted with this application to assist in the analysis of the
cumulative effect of individual turbines. These individual turbines would be at distances of
1.5km, 3.2km and 3.5km respectively. Where these individual turbines would be visible
with the current proposal, it is considered that it is likely that these would be read as
distinct from the turbines proposed given the distances involved and the intervening
topography. It is not considered that the proposal would result in any unacceptable
cumulative impacts with any of these turbines.
4.16 Notwithstanding this, planning permission was granted under 09/P/3/0020 for a
farmhouse, which included a smaller turbine (14.8m) on the same landholding,
approximately 160m from the proposed turbine. It would clearly be inappropriate to allow
both turbines to be erected and because the farmhouse is currently under construction, it
is no longer possible to seek the revocation of the original planning permission. Instead,
the applicant has agreed to the unopposed modification to the original planning permission
under Section 65 of the Town & Country Planning (Scotland) Act 1997 to remove the
turbine from that original permission. It is recommended that this modification be
completed prior to the issue of any new planning permission.
Effects of local amenity and communities
4.17 In respect of noise, the nearest dwellings in third party ownership would be those at
Blackstone to the north (approx 670m), Poundland to the north-east (1km), and Craignee,
Kirkcudbright Cottage and Nether Kirkcudbright to the north-west (approx 1.1km). The
school is approximately 1.5km away. No objection has been raised by the Council's
Environmental Standards Officer subject to conditions.
4.18 It is considered that shadow flicker would not adversely affect any nearby receptors.
This effect usually occurs within 10 rotor-diameters distance of the turbine (i.e. 192m), and
the public road and all third party dwellings fall outwith this area.
4.19 Overall, the proposal is not considered to have any significant adverse effect on the
amenity of the surrounding area.
Other Considerations
4.20 Aviation interests are unaffected by the proposal. NATS has no objection; the MoD
also has no objection, subject to conditions.
4.21 In respect of roads interests, the planning statement confirms that, due to the existing
farm tracks within the vicinity, additional track construction would be minimal. Material for
the additional track would be obtained from the existing adjacent borrow pit. Turbine
components would be transported in standard shipping containers, delivered on standard
road-going HGV vehicles, and offloaded and erected by crane and forklift truck. The
Council's roads officer has no objections to the proposal.
4.22 There is no evidence to indicate that approval of the turbine would adversely affect
tourism or recreational use, or prevent people visiting the area. As such, it is considered
that the proposal would not significantly affect tourism or recreational use in the area.
4.23 In terms of built heritage, the site falls within 1.4km of the Moniaive Conservation
Area, and third party objections have been raised in respect of the impact of the proposal
on this designation. However, the Council's Archaeologist has raised no objections. The
proposal is not considered to have a significant adverse impact upon built heritage.
4.24 Neither SNH or RSPB have raised any concerns or objections to the proposal
regarding any protected species, habitats or ornithological issues. As such, an appropriate
assessment is not required. No issues have arisen in respect of water, fishing interests
and air quality. The proposal is not considered to have any significant adverse effect on
biodiversity interests.
4.25 No other issues have arisen in respect of any other consideration, including forests
and woodlands, and broadcasting installations. In terms of decommissioning and
restoration, a standard condition is recommended.
4.26 In addition to the above issues, representations have also been made in respect of
the proposal forming part of an eco-business with the house being available for rent.
Planning permission for the dwellinghouse (09/P/3/0020) was granted on the basis of an
agricultural labour requirement justification, and approval was subject to both a S75
agreement tying the dwelling to the farm holding and an occupancy condition as follows:Condition 4. That the dwellinghouse hereby granted planning permission shall not be
occupied by any person other than the owner, manager or other full-time employee of
Upper Ingleston Farm or by a person or persons employed locally full time in agriculture,
as defined in Section 277 of the Town and Country Planning (Scotland) Act 1997 and any
immediate family or dependants of such person or persons.
For the dwellinghouse under construction to be made available to let, an application would
be required for removal of the above condition. Under the current development plan, the
proposal would not have policy support. However, subject to the occupancy requirement
being met, there is no reason by the premises could not be additionally used as a B & B as
allowed under Class 9 of the Town & Country Planning Use Classes (Scotland) Order
1997.
4.27 Scottish Government renewable energy policy and targets are a material
consideration, and there is a clear commitment from the Scottish Government to support
renewable energy developments as set out in SPP. The current target (amended) is for
100% of Scotland's electricity to be generated from renewable sources by 2020. This is a
material consideration of significant weight in support of the proposal, which would clearly
contribute to meeting that target. It is noted that SPP also states that planning authorities
should support the development of wind farms in locations where the technology can
operate efficiently and environmental and cumulative impacts can be satisfactorily
addressed. It further states that the design and location of any wind farm development
should reflect the scale and character of the landscape, and that the location of turbines
should be considered carefully to ensure that the landscape and visual impact is
minimised. For the reasons set out above, it is considered that the environmental impacts
of the proposal can be satisfactorily addressed.
4.28 In conclusion, the proposal is considered to comply with the above development plan
policies and the IPP which is a material consideration of some weight in that it is up-todate statement of Council policy. As there are no other material considerations of
sufficient weight to override these policies, the proposal is therefore recommended for
approval.
5
RECOMMENDATION
5.1 Approve subject to a) the unopposed modification under Section 65 of the Town &
Country Planning (Scotland) Act 1997 of planning permission 09/P/3/0020 to remove the
wind turbine from that permission; and b) the following conditions:1.
That the development hereby granted planning permission shall be
implemented in full accordance with the approved plans and the details
specified on the application form unless otherwise agreed in writing by the
planning authority or unless otherwise required by conditions attached to
this permission.
2.
That no development in respect of this planning permission shall
take place unless details of the precise colour and finish of the wind
turbine hereby approved have been submitted to and approved in writing
by writing with the planning authority. The turbine hereby granted
planning permission shall not be brought into use unless it has been
implemented in accordance with the approved details.
3.
That in the event that the wind turbine hereby granted planning permission
becomes redundant or obsolete for any reason, it shall be removed from
the site forthwith. Thereafter, the site shall be restored to its condition
prior to the development within a period of two months following the
date of the said removal, in accordance with a scheme to be agreed in
writing with the Council as planning authority within a period of two
months following the date of the said removal.
4.
That the rated continuous equivalent noise level (LAeqTr) from the wind
turbine hereby granted planning permission at any dwellinghouse or
other noise sensitive premises within 1km of the site shall not exceed the
ambient background noise level (LA90) by more than 5dB(A) or exceed a
night time LAeq 5min noise emission level of 40 dB(A) (whichever is the
greater).
5.
That, at the written request of the Council as planning authority (in
consultation with Environmental Standards) following a suspected breach
of noise limits set by Condition 4 above from the turbine, the developer
shall shut-down the said turbine not later than 24 hours after receipt of the
said request. Permanent operation of the turbine shall not recommence
without the written approval of the Council as planning authority.
6.
That, notwithstanding the details shown on the approved drawings, the
turbine hereby granted planning permission shall not be erected or
brought into operation unless it has been fitted with aviation lighting at
the highest practicable point. The said lighting shall be of an infra-red
lighting type only. The said lighting shall be retained and maintained in an
effective working order for the lifetime of the development.
Relevant Drawing Numbers:
Location Plan
Site Plan
Elevations & Dimensions
Foundation Plan
MSW/Ingleston/001
MSW/Ingleston/003
MSW/Ingleston/002
MSW/Ingleston/004
24 Jan 2012
24 Jan 2012
24 Jan 2012
24 Jan 2012