Grant Planning Permission - Subject To The Following:-

Transcription

1 WARD 08_07 15/01148/APP 29th June 2015 Section 42 application to amend Condition 4 of application 13/00053/EIA (as consented at appeal dated 18/03/2014) to allow for revised turbine model (from Enercon E70 to E82) increasing maximum blade tip height from 99.5m to 99.91m and increasing rotor diameter from 70m to 82m at Hill Of Glaschyle Dunphail Forres Moray Comments: Application is major development as defined under the Hierarchy Regulations 2009, and the Council's approved Scheme of Delegation where electricity generating capacity exceeds 20MW The appointed officer considers that the matter raises matters of wider community interest and/or planning significance by virtue of the scale or height of the turbines which exceed 40m (to blade tip) Advertised as a departure from the (former) development plan i.e. the former approved Moray Structure Plan 2007 and the adopted Moray Local Plan 2008 Advertised for neighbour notification purposes No objections/representations received Procedure: None Recommendation Grant Planning Permission - Subject To The Following:- Conditions/Reasons 1. That Condition 4 of application 13/00053/EIA as granted planning permission under formal decision letter PPA dated 31 March 2014 (by the Department for Planning and Environmental Appeals) be substituted by the following: "4. Except where otherwise provided for, or required by the terms of the permission, the permission as now hereby granted relates strictly to the dimensions and specifications of the Enercon E82 turbine model as defined in the submitted application particulars and to all mitigation measures as identified in the Environmental Statement (as submitted for the permission described above) and any amendment thereof shall be subject to the express written approval of the Council, as planning authority."

2 Reason - To ensure that the development is carried out in accordance with the submitted application particulars, the proposed change in turbine being considered appropriate in terms that it would not result in any additional unacceptable or significant adverse effects beyond those identified/accepted in the originally approved development. 2. The development hereby granted forms part of, and is related to, a development granted planning permission under application 13/00053/EIA as granted planning permission under formal decision letter PPA dated 31 March 2014 (by the Department for Planning and Environmental Appeals) wherein a) the terms and conditions as attached to that permission are hereby reiterated and remain in force in so far as they relate to the development hereby approved, in particular Conditions 1-3 and 5-31 inclusive, including any details already approved thereunder to discharge the requirements of the identified conditions; and b) no part of the development hereby granted shall be exercised in conjunction with, or in addition to, the Enercon E70 turbine model details approved for this development. Reason - To ensure a satisfactory form of development and that it progresses in accordance with the already approved and required details, and that only one permission is implemented, the change in turbine model (from Enercon E70 to Enercon E82 turbine) being considered as an acceptable alternative to that already approved and not an addition thereto. Reason(s) for Decision The Council s reason(s) for making this decision are:- The proposed change in turbine model would not result in any (additional) unacceptable or significant adverse effects beyond those previously identified in the earlier decision to grant planning permission on appeal, and as such the proposal would be consistent with the provisions of the adopted Moray Local Development Plan 2015 and associated wind energy guidance. There are no other material considerations which indicate otherwise. List of Informatives: THE CIVIL AVIATION AUTHORITY, has commented that:- If consent is granted for the variation, the Defence Geographic Centre (mail to [email protected]) should be informed of the change to the height of the turbine(s) and that they are advised of the locations, heights, lighting status, the estimated and actual dates of construction and the maximum height of any construction equipment to be used, prior to the start of construction, to allow for the appropriate inclusion on aviation charts, for safety purposes. The Defence Geographic Centre should also be advised of the expected date of removal of

3 the turbines. TRANSPORT SCOTLAND has commented that:- To obtain permission to work within the trunk road boundary, contact the Route Manager (A96) through the general contact number (Network South, Buchanan House, 58 Port Dundas Road, Glasgow, G4 0HF). The Operating Company (NORTH EAST Bear House, Inveralmond Road, Inveralmond Industrial Estate, PERTH, PH1 3TW, Tel: , has responsibility for co-ordination and supervision of works, and after permission has been granted it is the developer's contractor's responsibility to liaise with the Operating Company during the construction period to ensure all necessary permissions are obtained. THE TRANSPORTATION MANAGER, DIRECT SERVICES has commented that:- The required works to the public road network shall be completed prior to the delivery of any materials to the development site. The southern access route (as defined in 13/00053/EIA) to the site from the A940 is not acceptable for delivery and construction vehicles in its current state. This access route is not approved for construction traffic. Prior to the commencement of deliveries or construction work a Section 96 Agreement under the Roads (Scotland) Act 1984 will be required to be approved between the developer and the roads Authority. This is to ensure that the costs to repair any damage to the public roads as a result of the construction work traffic are met by the applicant. Transport Scotland must be consulted with respect to all deliveries proposed via the A96 (Trunk Road). The neighbouring Local Authorities, through which the delivery route may pass, Highland/Aberdeenshire/Aberdeen City, must also be consulted. Prior to undertaking before and after video condition surveys the applicant should contact Moray Council (Traffic) no later than 7 days in advance to confirm the requirements and date of survey. Planning consent does not carry with it the right to construct a new road or any part of a road. In accordance with Section 21 of the Roads (Scotland) Act 1984 Construction Consent for new roads (includes passing places, modified junctions and footpaths) that will form part of the public road will be required. Advice on this matter can be obtained by ing [email protected] and reference to the following pages on the Council web site: Checklist: RCC: Specification:

4 The applicant is obliged to apply for a road opening permit in accordance with Section 85 of the Roads (Scotland) Act Advice on this matter can be obtained by ing [email protected] and reference to the following page on the Council web site: Road Opening: Public utility apparatus may be affected by this proposal. Contact the appropriate utility service in respect of any necessary utility service alterations which have to be carried out at the expense of the developer. If required, street furniture will need to be repositioned at the expense of the developer. In addition any existing roadside ditch may require a pipe or culvert. Advice on these matters can be obtained by ing [email protected] No building materials/scaffolding/builder's skip shall obstruct the public road (including footpaths) without permission from the Roads Authority. The applicants shall be responsible for any necessary diversion of any utilities or drainage present at the locations where works are to be undertaken. The applicants shall meet all costs of improvements to the road infrastructure, which are required as a result of the development. The applicants shall meet all costs of removal and re-erection of road signage, which are required as a result of the delivery of the abnormal loads. The applicants shall meet all costs of diverting any footpath or cycleway during the construction period, including signage. The applicant shall be responsible for ensuring that surface/ground water does not run from the public road into his property. The applicants shall free and relieve the Roads Authority from any claims arising out of his operations on the road or extension to the road. No retaining structures or embankments shall be constructed along the edge of the road, whether retaining the public road or ground adjoining the public road without prior consultation and agreement of the Roads Authority. Bridges and Structures - The developer must contact Senior Engineer (Structures) Moray Council Consultancy at P.O. Box 6760 Elgin IV30 1BX - Tel (01343) to discuss the proposals. Traffic Management Plan - The developer must contact Senior Engineer Traffic Section at P.O. Box 6760 Elgin IV30 1BX - Tel (01343) to discuss the proposals. Roads Drainage - The developer must contact the Roads Authority Roads Maintenance Manager (East) at Ashgrove Depot, Elgin - Tel (01343) , Ext 7325 to discuss the proposals.

5 LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT Reference No. Version No. Title/Description Turbine details Site layout