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COMHAIRLE NAN EILEAN SIAR ENVIRONMENTAL SERVICES COMMITTEE |
Minute of Meeting held in the Council Offices, Stornoway, on Tuesday 28 June 2005 at 12 noon.
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PRESENT |
Mr Angus Nicolson (Chairman) |
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Mr Ian M Macleod (Vice-Chairman) |
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Mr Alex A MacDonald |
Mrs Morag Munro |
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Mr George Lonie |
Mr Donald Maclean |
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Mr Norman A Macdonald |
Mr Martin C Taylor |
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Mr Keith Dodson |
Mr Peter Carlin |
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Mr Angus Campbell |
Mr Ronald J Mackinnon |
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Mr Angus McCormack |
Mr Angus Macdonald |
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1 |
Mr John Mackay, who was not Member of the Committee, declared an interest in item 2 and took no part in the debate.
Mr Donald J Macsween gave his apologies and declared an interest in items 2 and 3.
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Applications Under Sections 36 and 37 of the Electricity Act, 1989, for a 702 megawatt (MW) windfarm and associated infrastructure, Isle of Lewis
Consultation from Scottish Ministers. DS21.01 |
2 |
The Head of Development Services submitted a Report concerning applications under Sections 36 and 37 of the Electricity Act, 1989, for a 702 megawatt (MW) windfarm and associated infrastructure by Lewis Wind Power Ltd to construct 234 turbines in an area extending from the western outskirts of Stornoway across the centre of the Barvas Moor and then west from Barvas to the eastern edge of Shawbost and north east from Barvas to Ness. It was stated in the Report that given the scale of the proposals that applications had to be accompanied by Environmental Impact Assessments under the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000. It was intimated that the Report covered the key subjects of interest with each subject being dealt with in a separate chapter with reference to relevant elements from the Environmental Statement that accompanied the application and recorded:
(1) findings of the Environmental Assessment;
(2) relevant planning policies;
(3) consultation response;
(4) representations; and
(5) responses from the applicant.
It was further stated that the details of the consultation Reponses and a précis of the 1097 representations that had been submitted to the Comhairle were appended to the Report.
An account of the views of Community Councils was included at appendix 3 to there Report, which showed that three Community Councils were in favour of the proposed development and five Community Councils were against the development as submitted. The Report further intimated that in relation to the flexibility which existed to amend a proposal the Scottish Executive had advised that:
“In theory provided the changes are minor or within the envelope we might not need even an addendum to the Environmental Statement, but very often we would because there might be impacts on visuals. If the changes were more far reaching there would be a need for fresh consultation and if the envelope was especially extended we would seek a fresh application”. |
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It was recommended in the Report that the Scottish Ministers be advised that the Comhairle is of the view that consent should be granted to applications submitted by Lewis Wind Power Ltd under Sections 36 and 37 of the Electricity Act, 1989, for a 702 MW windfarm and associated infrastructure on the Isle of Lewis subject to:
(1) no approval being issued prior to the satisfactory completion of negotiations to secure removal of concerns over the operation of Stornoway Airport and for such negotiations to include the Comhairle;
(2) no approval being issued prior to completion of agreement(s) under Section 75 of the Town and Country Planning (Scotland) Act 1997 (or any other appropriate enactment) between the Comhairle, the applicant and any other relevant parties, to secure a bond of adequate sum to guarantee the restoration of the site; and to secure contributions that would provide community benefit;
(3) any approval being made subject to the measures and conditions attached in the Schedule of Measures and Conditions or any such alternatives or amendments that may be approved beforehand by the Comhairle;
The Head of Development Services further recommended that Condition 38 as detailed in the terms and conditions submitted to the Committee be amended to read:
(1) ‘prior to the delivery to the site full details of the wind turbines, including the make, model, design, power rating and sound power levels and noise reduction management system to be used on the site shall be submitted to and require the approval of the Comhairle as Planning Authority. Turbines with audible tones (as defined in ETSU-R- 97) shall not be permitted and turbines installed in compliance with this requirement shall be maintained throughout their life to ensure no omission of audible tones’.
Reason - In order to protect the occupants of nearby premises from nuisance caused by noise and disturbance; and
(2) the addition of a Condition 50 to read: “Once the details of the mode of transmission and transformers are known, the length of the overhead transmission cables shall be reviewed with the Comhairle, in consultation with the Environmental Management Committee and any arrangements over reduction of overhead transmission cables shall be implemented thereafter”.
Reason – In order to take advantage of any capacitance capabilities that may allow for more undergrounding than currently proposed in the interests of amenity.
The Committee agreed to adjourn at 1.15pm.
The Committee reconvened at 2.05pm when the following Members were found to be present.
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PRESENT |
Mr Angus Nicolson (Chairman) |
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Mr Ian M Macleod (Vice-Chairman) |
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Mr Alex A MacDonald |
Mrs Morag Munro |
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Mr George Lonie |
Mr Donald Maclean |
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Mr Norman A Macdonald |
Mr Martin C Taylor |
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Mr Keith Dodson |
Mr Peter Carlin |
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Mr Angus Campbell |
Mr Ronald J Mackinnon |
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Mr Angus McCormack |
Mr Angus Macdonald
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It was agreed to recommend that the Scottish Ministers be advised that the Comhairle was of the view that consent should be granted to applications submitted by Lewis Wind Power Ltd under Sections 36 and 37 of the Electricity Act, 1989, for a 702 megawatt windfarm and associated infrastructure on the Isle of Lewis subject to: |
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(1) no approval being issued prior to the satisfactory completion of negotiations to secure removal of concerns over the operation of Stornoway Airport and for such negotiations to include the Comhairle;
(2) no approval being issued prior to completion of agreement(s) under Section 75 of the Town and Country Planning (Scotland) Act 1997 (or any other appropriate enactment) between the Comhairle, the applicant and any other relevant parties, to secure a bond of adequate sum to guarantee the restoration of the site; and to secure contributions that would provide community benefit;
(3) any approval being made subject to the measures and conditions attached in the Schedule of Measures and Conditions, or any such alternatives or amendments that may be approved beforehand by the Comhairle;
(4) condition 38 to read:
"Prior to the delivery to the site, full details of the wind turbines, including the make, model, design, power rating and sound power levels and noise reduction management system, to be used on the site shall be submitted to and require the approval of the Comhairle as Planning Authority. Turbines with audible tones (as defined in ETSU-R-97) shall not be permitted and turbines installed in compliance with this requirement shall be maintained throughout their life to ensure no emission of audible tones”.
Reason -- In order to protect the occupants of nearby premises from nuisance caused by noise and disturbance;
(5) the addition of a condition 50 to read:
"Once the details of the mode of transmission and transformers are known, the length of the overhead transmission cables shall be reviewed with the Comhairle in consultation with the Environmental Management Committee and any agreements over reduction of overhead transmission cables shall be implemented thereafter”. Reason -- In order to take advantage of any capacitance capabilities that may allow for more undergrounding than currently proposed in the interests of amenity. ; and
(6) condition 43 to read:
Turbines G76-79, G90-92, G 95, G53, G54, G85 and G94 G68-70, G82 G24-27 B25, B26 G52, G10 and G16
numbering 25 turbines, in total, as denoted on the original plans shall not be erected unless, following discussions between the developer and relevant Community Council, agreement was reached to reinstate any of the turbines detailed above and delete other turbines provided always that the total number of turbines does not exceed 25 and subject to approval by the Comhairle.’
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Application Under Section 36 of the Electricity Act, 1989, for a 399 megawatt (MW) windfarm and Associated Infrastructure, Eishken Estate, Isle of Lewis
Consultation from Scottish Ministers DS21.01 |
3 |
The Head of Development of Services submitted a Report concerning an application under Section 36 of the Electricity Act 1989 for a 399 megawatt (MW) windfarm and associated infrastructure by Beinn Mhor Power to construct 133 wind turbines and associated infrastructure with internal connecting tracks on the Eishken Estate situated on the Pairc Peninsula, Isle of Lewis.
It was stated in the Report that given the scale of the proposal the application had to be accompanied by an Environmental Impact Assessment under the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000. It was intimated that the Report covered the key subjects of interest with each subject being dealt with in an independent chapter with reference to relevant elements from the Environmental Statement that accompanied the application and recorded:
(1) findings of the Environmental Assessment;
(2) relevant planning policies;
(3) consultation responses;
(4) representations; and
(5) responses from the applicant.
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It was further intimated that the Beinn Mhor Power proposal did not include a Section 37 application for transmission lines from the site to Arnish and that this would have to be the subject of a separate application.
Consultation responses and a précis of the representations that had been submitted to the Comhairle were appended to the Report. It was further intimated that an account of the views of Community Councils was included as an Appendix to the Report and that this showed one Community Council to be in favour of the proposed development, two to be against the proposed development as submitted and one that had identified what it considered to be “pros and cons” associated with the proposed development.
It was further intimated that in response to how much flexibility existed to amend a proposal the Scottish Executive had advised:
“In theory provided the changes or minor or within the envelope we might not need even an addendum to the Environmental Statement, but very often we would because there might be impacts on visuals. If the changes were more far reaching there would be a need for fresh consultation and if the envelope was especially extended we would seek a fresh application”.
It was recommended in the Report that the Scottish Ministers be advised that the Comhairle was of the view that the application submitted by Beinn Mhor Power under Section 36 of the Electricity Act, 1989, for a 399 megawatt windfarm and associated infrastructure on the Eishken Estate, Isle of Lewis, should be refused for the following principal reasons:
(1) the proposed development would have a harmful impact on an area of great scenic value and would intrude into part of the South Lewis, Harris and North Uist National Scenic Area (NSA). It would therefore be in contradiction of the purposes of the NSA and to Development Plan and national policies that relate to the protection of NSAs;
(2) the hilly terrain of the site and its prominence around the upper reaches of Loch Seaforth, would exacerbate the impact of the development and would mean that the access road network throughout the site would be prominent and would remain so after decommissioning of the windfarm;
(3) for these reasons, and given that the site occupies a prominent location at a point of great scenic value at the gateway to the NSA, it is considered that the area does not contain the landscape capacity to accommodate the proposed development;
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(4) when taking account of other proposals for windfarms in Lewis and planning process, it is considered that there would be a danger of creating an unacceptable level of cumulative visual impact;
(5) the hilly nature of the terrain and the large areas of peat within the site would likely to render it particularly vulnerable to peat slides that could cause serious damage to the habitat, fisheries (including protected species), and landscape of the area;
(6) although the proposal could bring socio - economic benefits, the Head of Development Services considered that, on balance, these would be of insufficient weight to override the principal reasons for refusal mentioned above.
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It was agreed to recommend that the Scottish Ministers be advised that the Comhairle was of the view that consent should be granted to the application submitted by Beinn Mhor Power under Section 36 of the Electricity Act, 1989, for a 399 megawatt windfarm and associated infrastructure on the Eishken Estate, Isle of Lewis subject to:
(1) no approval being issued prior to the satisfactory completion of negotiations to secure removal of concerns over the operation of Stornoway Airport and for such negotiations to include the Comhairle;
(2) no approval being issued prior to completion of agreement(s) under Section 75 of the Town and Country Planning (Scotland) Act 1997 (or any other appropriate enactment) between the Comhairle, the applicant and any other relevant parties, to secure a bond of adequate sum to guarantee the restoration of the site; and to secure contributions that would provide community benefit; and
(3) any approval being made subject to the measures and the conditions attached in the Schedule of Measures and Conditions for the application by Lewis Wind Power Ltd, or any such alternatives or amendments that may be approved beforehand by the Comhairle and:
(i) subject to condition 38 to read:
"Prior to the delivery to the site, full details of the wind turbines, including the make, model, design, power rating and sound power levels and noise reduction management system, to be used on the site shall be submitted to and require the approval of the Comhairle as Planning Authority. Turbines with audible tones (as defined in ETSU-R-97) shall not be permitted and turbines installed in compliance with this requirement shall be maintained throughout their life to ensure no emission of audible tones”.
Reason -- In order to protect the occupants of nearby premises from nuisance caused by noise and disturbance; and
(ii) subject to the deletion of three turbines that Highlands and Islands Airports Ltd. had identified as necessary to remove its objections on the grounds of possible adverse impact on the operation of Stornoway Airport.
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