Report by Head of Planning and Regulatory Services
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Additional documents:
Minutes:
The Principal Planning Officer spoke to the terms of the
report advising that this application follows on from an unimplemented consent
granted for a windfarm on this site in 2008.
This application is for the development of an alternative design of wind
farm and associated infrastructure on a forested site in a remote location in
Decision
Agreed to grant planning permission subject to a revised Section 75 Legal Agreement to secure: decommissioning bond, the implementation of a habitat management plan and the provision of a financial contribution to the Mountain Bothy Association the following conditions and reasons:-
1. Notwithstanding the provisions of Section 58 of the Town and Country Planning (Scotland) Act 1997, the wind farm hereby permitted shall be operational within five years from the date of this approval unless otherwise agreed in writing with the Council as Planning Authority, following which, by virtue of there having been no start on the development hereby permitted, this consent will be considered to have lapsed. Development which has been commenced but which remains uncompleted and has not resulted in an operational windfarm within this five year timescale (or otherwise agreed timescale) shall be fully restored in accordance with the applicant’s statement of intentions (i.e. Environmental Statement dated December 2011) and as provided for by conditions attached to this permission.
Reason: In order to reduce unnecessary blight over wind catchment areas
and other potential sites which, cumulatively, may result in an adverse
environmental impact, but individually might otherwise receive the benefit of
planning permission.
2. The permission shall be for a period of 25 years from the commencement of the commercial operation of the wind farm, the date of which shall be notified in writing to the Council as Planning Authority. Within 12 months of the end of that period, unless a further planning application is submitted and approved, all wind turbines, ancillary equipment and buildings shall be dismantled and removed from the site and the land reinstated in accordance with the applicant’s statement of intentions and conditions listed below, to the satisfaction of the Planning Authority.
Reason: In order that the Planning Authority has the opportunity to
review the circumstances pertaining to the consent, which is of a temporary
nature and in the interests of the visual amenity of the area.
3. The development shall be implemented in accordance with the details specified on the application form dated 16/12/11 and the approved drawing reference numbers:
Plan 1 of 10 (Figure 1 Regional Location);
Plan 2 of 10 (Figure 2 Local Location);
Plan 3 of 10 (Figure 3 Application Site);
Plan 4 of 10 (Figure 4 Wind Farm Layout);
Plan 5 of 10 (Figure 5 Indicative Wind Turbine Design)
Plan 6 of 10 (Figure 6 Permanent Meteorological Mast);
Plan 7 of 10 (Figure 8 Substation Control and Operations and Maintenance Facility -Site Plan);
Plan 8 of 10 (Figure 8 Substation Control and Operations and Maintenance Facility - Plan);
Plan 9 of 9 (Figure 8 Substation Control and Operations and Maintenance Facility - Elevations);
Plan 10 of 10 (Figure 4b Microsited Layout around Turbine 8).
unless the prior written approval of the planning authority is obtained for other materials/finishes/for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997 (as amended), and the operator shall at all times deal with the areas forming the subject of this approval in accordance with the provisions of the application and statement of intentions (i.e. Environmental Statement dated December 2011) except as otherwise provided by this approval, and shall omit no significant part of the operations provided for therein except with the prior written approval of the Planning Authority.
Reason: For the purpose of clarity, to ensure that the development is
implemented in accordance with the approved details.
4. For the avoidance of doubt, this permission should not be construed as conferring consent for the working of any borrow pits within the application site, the provision of which would require to be the subject of separate applications to the Council as Planning Authority for mineral planning consent.
Reason: For the avoidance of doubt, and having regard to the need for
separate planning permission.
5. Prior to development commencing, details of the turbine model selected for installation on the site and confirmation of the final micro-siting of turbines shall be submitted to the Council as Planning Authority. Prior to the turbines first being brought into use, the developer shall submit to the Council as Planning Authority, location details for each turbine as erected in the form of Global Positioning System co-ordinates.
Reason: In order to demonstrate that the windfarm has been constructed
in accordance with the approved plans.
6. If, by reason of any circumstances not foreseen by the applicant, it becomes necessary ... view the full minutes text for item 8
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