• Agenda

Minute of the special meeting of the Caithness, Sutherland and Easter Ross Planning Applications Committee held following a site visit by coach at 10.30 am to various viewpoints for the Burn of Whilk Wind Farm and thereafter at the Assembly Rooms, Sinclair Terrace, Wick on Tuesday, 29th March 2011 at 1.30 pm.

Committee Members Present

Mr David Bremner
Mr Robert Coghill
Mr Richard Durham
Mr Bill Fernie
Mr Donnie Mackay
Mr Jim McGillivray
Mr Graeme Smith

Non-Committee Members Present:

Mr Willie MacKay (local member vote)

Officials in attendance:

Mr Gordon Mooney, Principal Planner
Mr Victor Hawthorne, Team Leader, Planning and Development Service
Ms Susan Blease, Solicitor (Clerk)
Mrs Alison MacArthur, Acting Administrative Assistant

Mr Donnie Mackay in the Chair

The Committee met at the Assembly Rooms in Wick at 10.30 am and travelled by coach to various viewpoints for the Burn of Whilk wind farm site, including a view point requested by an objector.   Members reconvened at the Assembly Rooms in Wick at 1.30 pm. 

Business

1. Apologies for Absence and Declarations of Interest

Apologies were received from Mr George Farlow, Mr Martin Rattray, Mr Ian Ross, Mr Robbie Rowantree, Lady Marion Thurso and Mrs Carolyn Wilson.  

There were no declarations of interest. 

2.   Hearing

2.1   Applicant:   Npower Renewables Ltd (06/00676/FUL) (PLC-013-11 (429kb pdf))
Location:  Land at Burn of Whilk, Caithness
Nature of Development: Erection of Wind Farm Comprising 9 Wind Turbines, Control and Welfare Building, Permanent Anemometry Mast, Temporary Construction Compound, Access Tracks etc

Mr W MacKay had requested and been granted a local member vote in relation to this item pursuant to Standing Order 13.2.

There had been circulated Report No PLC/013/11 by the Head of Planning and Building Standards recommending the grant of planning permission subject to the conditions detailed therein. 

The Chairman outlined the hearings procedure, notes on which had previously been circulated.  The following people confirmed they wished to speak:

On behalf of the Applicant

Mr Alastair Yule, RWE Npower Renewables
Mr John Swanson
Mr John Budge
Ms Ann Swanson
Mr John Mackay
Mr Andrew Sinclair

Individual Objectors

Ms Islay MacLeod
Ms Lyndall Leet
Mrs B Geddes

The Principal Planner, Mr G Mooney, introduced the application providing an update on the number of representations received by the date of the meeting and outlining the nature of the representations, the consultation responses received and the policies relevant to determination of the application.

Mr A Yule then addressed the meeting on behalf of the applicant, making the following submissions.

• In support of the application he advised that a number of additional environmental studies had been undertaken to address comments from statutory consultees.  From this a decision had been taken to reduce the number of turbines from 13 to 9. 
• Analysis suggested that the two main issues of concern were the potential impact on ornithology and cultural heritage.   SNH suggested that further survey work be carried out to establish any impact on bird species associated with the Caithness and Sutherland SPA located to the north of the site.   The applicants carried out a further year of survey work and removed 4 turbines from the open moorland significantly reducing the risk of any impact on the hen harrier.  The 9 remaining turbines were to be confined to an area of commercial forestry.   With regard to the cultural impact the removal of turbines also provided further separation between a number of scheduled monuments with the nearest turbine over a kilometre from the Cairns of Warehouse and Yarrows Fort. 
• Although both Historic Scotland and HCAU had not objected to the revised proposal, RWE were prepared to work with HCAU and local archaeological groups to increase awareness of the heritage of the area. 
• Scottish Natural Heritage had suggested that the proposal would fit well within the cluster of operational wind farms at Bilbster and Achairn and the consented Camster and Wathegar schemes.
• During the construction of Causeymire the applicant had employed 34 different local businesses and many of the letters of support for this wind farm had come from local companies.
• In summary, the applicant stated that they had kept the public informed, that they had listened to concerns and revised the scheme accordingly and that all previous objections had either been lifted or could be addressed by appropriate planning conditions.   This wind farm would make a significant contribution to the local and regional economy. 

On being asked by members if the ornithological surveys had taken into account the fact that the forestry was due for harvesting and that this would change the habitat, the applicant replied that the surveys had looked at the habitat as it was today.   The applicant also advised that all bird species including falcons had been taken into account. 

There were concerns about the access and how close it was to Dr Angela Robertson’s house.  However, the applicant was prepared to move the access away from Bruan Lodge.  An archaeological group had not yet been set up but the applicants were keen to do this.

Mr J Swanson then addressed the meeting on behalf of the applicants.  He pointed out that we were running out of time for renewable energy to meet our needs.  Visitors to the Yarrow Trail would still appreciate the views and would only see the wind farms from the crests.  Falconers had previously feared deer fences thinking the birds would fly into these and be killed.  This had not happened.  The wind farm was not on Thrumster Estate and was outwith that territory.  The landscape was always evolving and we had to make the best use of the renewable energy in our time, namely wind.   The area would benefit from the work involved.

Ms A Swanson then spoke about the benefits of renewable energy.  She stressed that this wind farm would provide local work and help the local economy.  It would provide sustainable income and grants for new businesses.  It would retain schools in the local area and encourage economic activity at a time of major cutbacks and when we are losing a large employer in Dounreay. 

Mr J Budge then spoke in support of the wind farm.  He had been brought up near the site.  He had worked on several wind farms and had never seen any dead birds in these wind farms.  The wind farm would provide a lot of money for the Clyth communities and especially for the youngsters in Clyth.  90% of the objectors did not belong to the local area.  He would object to another Dounreay but he certainly would not object to renewable energy in the form of wind farms.  He saw this is the future. 

Mr J MacKay also spoke in support.  He believed wind and water energy was a good thing.  The development would bring jobs to the area and spin offs in both employment and money. The community would be able to spend money on various projects that would never have happened without the wind farm money. 

Mr A Sinclair, a local contractor also spoke in support of wind farms.  He had a young family and did not want to see a similar disaster with nuclear power as had happened in Japan.  This development was good for the Clyth community and for their future generations.

The members had no questions of the supporters.  The Community Councils as statutory consultees had no representatives at the meeting wishing to speak. 

The objectors were then invited to address the Committee.

Ms I MacLeod then addressed the meeting making the following submissions.

• Highland Structure Plan policy BC2 identified Hill of Warehouse/Yarrows as an area to be zoned in the Local Plan as an Archaeological Heritage Area.  She considered the proposed wind farm would have a detrimental impact on the Hill of Yarrows and was thus contrary to this designation.  The Hill of Yarrow had national and international significance.  The monuments attracted visitors to the area.
• The potential capacity of the wind farm was 27 MW.  However, the reality was that wind farms produced on average only 21% of their generating capacity.  The loss of amenity had to be weighed against this poor return.  We should not sacrifice such a very special area for such a small benefit.  Although she could understand the benefits in jobs these were not sustainable.
• Her business on neighbouring Thrumster Estate depended on traditional land use and on wild shoots and falconry.   Sportsmen visiting from abroad who came to the shoots because of the scenic beauty of the area as they had nothing similar in their countries.  The wind farm would diminish the beauty of the area for the sportsmen, who also contributed to the economy of the area.  The archaeological and falconry businesses were growing these would also be impacted upon.  She employed a gamekeeper and a college student and was the only establishment in Scotland to do falconry and to be able to offer these posts.  With the visual impact and turbulence of the turbines, no falconer would risk their valuable birds.  There was also a dog trainer, training dogs at Thrumster on falconry. 
• The value of the landscape was not in the individual monuments but in the landscape they created.  The ground was perfectly preserved under peat and full of archaeological gains.  The applicant had stated there were no known archaeology but there was a lot of unknown archaeology.
• The archaeological breaks business which the Estate also operated this was rapidly catching up with the falconry business.  This too would be adversely affected.  Caithness had raised awareness of archaeology in the area and it was now bearing fruit. 

Ms L Leet then addressed the meeting, advising that the amenity of Dr Robertson’s garden would be destroyed during construction and that the access really needed to be moved.  The access currently lay right beside their garden.  Dr Robertson had already met with Mr Yule, the applicant and Mr Miller and asked that the access be moved 50 metres north of their house, which would be half way between Bruan Lodge and the Manse.  The developers had not amended the access in spite of Dr Robertson’s objections.  If they were indeed prepared to move the access why had they not changed their plans in 2010.   Nobody wanted to live beside a wind farm access road. 

Mrs Geddes, a self employed tour guide, then addressed the meeting.  She stated that tourists came and spent a lot of money in the area but not to see wind farms.  The tourists enjoyed the local falconry and archaeology.  A balance was needed.  Wind farms needed to be constructed in more appropriate places.  The archaeological content of Caithness had hardly been touched and should be kept clear of detrimental acoustic and visual impacts as advised in the Highland Structure and Policy Plans. 

Ms MacLeod’s gamekeeper also spoke, expressing concern about his job.  If they lost the falconry business he would not have a job.  He felt the SNH wild life report was not entirely comprehensive as it hadn’t included the pink fronted geese and the white fronted geese which migrate across this area. 

Mr S Young stated he was disappointed that the site visit had not gone to the Yarrow Car Park. 

The applicant replied to the objectors’ submissions by stating that the wind farm had been sited in this area to utilise the wind source and it was consistent with the Development Plan as confirmed by the Planning Officer in recommending approval of the application.  The scale and design had been adapted to the particular sensitivities of the site and all the statutory consultees had removed their objections.  The applicants had two wind farms in Caithness and wanted to continue to invest in the area and support the Highland Council’s intention to support renewable energy. 

Both Historic Scotland and the Council’s Heritage Officer had assessed the site as acceptable.  The falconry element was not likely to cause any significant issue as it was on a different estate. 

There being no questions by any member and no other member of the public who had made a timeous objection wishing to speak, the Chairman asked the applicants’ representatives and the objectors if they were satisfied with the manner in which the hearing had been conducted and they confirmed that they were satisfied. 

Mr Mooney then presented his appraisal and recommendation to grant planning permission subject to the conditions set out in the report.

During subsequent debate by members, the following points were raised:

• It was disappointing that so many trees would have to be cut down to accommodate the wind farm.  It would improve impact on visibility if more of the trees could remain.
• It was a surprise that Historic Scotland had not objected but it was unlikely that a refusal on grounds of adverse impact on the archaeological sites would, by itself, stand up to appeal.  The scheme was better now than with the original 36 turbines that were originally proposed.
• The Yarrows were very special with their fishing, bird watching and archaeology but this application was not for the Yarrows it was for the Burn of Whilk, a neighbouring estate.  There was room for both falconry and wind farms and the falconry business on one estate was not grounds to restrict activities on the neighbouring estate.  This development also conformed to the Highland Council Development Plan.
• No objections had been received from the Community Councils in the area and the turbines had been reduced from 13 to 9 following local issues.  It was felt that Bruan Lodge would not experience any more noise from the wind farm access than from the proximity of the existing main road.
• Any work coming into the area was to be welcomed at this time.
• The site visit had been very useful to show how the wind farm would fit in to the landscape.  With good will on both sides the applicants could work with the local archaeological community. 

In response to a query regarding SNH’s requirement for a Habitat Management Plan, Mr G Mooney confirmed that in terms of condition 15 the applicants were required, prior to commencement of the development, to submit a Conservation Management Plan which would include habitat management.  They could not commence development until this had been submitted and approved by the Planning Authority.  SNH would be consulted on the plan when submitted. 

With regard to a query regarding the position of the access road, Mr Mooney confirmed that Condition 8 required that the access details be submitted for approval before development commences, and these included details of fencing, design, materials, colours and external finishes and construction.   A further condition directing that the access be moved away from Bruan Lodge could be added if members so wished.

The Committee then agreed to GRANT planning permission subject to the conditions recommended in the report and with the addition of a condition directing that the access be moved away from Bruan Lodge.

There being no further business the meeting closed at 2.15 am.