appendix 2 development management review committee application for review ancillary ...

609 Pages·2015·20.72 MB·English

APPENDIX 2

DEVELOPMENT MANAGEMENT REVIEW COMMITTEE

APPLICATION FOR REVIEW

ANCILLARY DEVELOPMENT AT LAND 600M WEST
OF WITTON FARM, LETHNOT, EDZELL

APPLICATION NO 14/00669/FULL

APPLICANT’S SUBMISSION

ITEM 1 Notice of Review

ITEM 2 Notice of Review Statement with Supporting Information Appended

APP1 Environment and Planning Report August 2014
APP2 Design Statement
APP3 Paragraph 182, Scottish Planning Policy
APP4 File note of meeting with Angus Council Planning – 9 February 2012
APP5 File note of meeting with Historic Scotland – 3 November 2011
APP6 Screening Opinion Response – 13 April 2012
APP7 Decision Notice – 5 February 2015
APP8 Tayside Landscape Character Assessment
APP9 Report of Handling
APP10 Strategic Landscape Capacity Assessment of Wind Energy in Angus –
March 2014
APP11 Bradwell-on-Sea Public Inquiry excerpt on views
APP12 Sixpenny Wood Public Inquiry excerpt on views
APP13 North Tawton Public Inquiry excerpt on views
APP14 Enifer Downs Public Inquiry excerpt on views
APP15 Historic Scotland Consultation Response – 2 September 2014
APP16 Angus Council Archaeology Consultation Response – 1 September
2014
APP17 SNH Siting and Designing Wind Farms in the Landscape 2014
APP18 Angus Council Renewable Energy Implementation Guide 2012
APP19 Planning Application Form
ITEM 1
County Buildings Market Street Forfar DD8 3LG
Tel: [phone]
Fax: [phone]
Email: [email protected]
Applications cannot be validated until all necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 000118338-001
The online ref number is the unique reference for your online form only. The Planning Authority will allocate an Application Number
when your form is validated. Please quote this reference if you need to contact the Planning Authority about this application.
Applicant or Agent Details
Are you an applicant, or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application) Applicant Agent
Agent Details
Please enter Agent details
Company/Organisation: Roddy Yarr Consulting Ltd You must enter a Building Name or Number, or
both:*
Ref. Number: Building Name:
First Name: * Roddy Building Number: 61
Last Name: * Yarr Address 1 (Street): * Spottiswoode Gardens
Telephone Number: * 07881247955 Address 2:
Extension Number: Town/City: * St Andrews
Mobile Number: Country: * Scotland
Fax Number: Postcode: * KY16 8SB
Email Address: * [email protected]
Is the applicant an individual or an organisation/corporate entity? *
Individual Organisation/Corporate entity
Page 1 of 5
Applicant Details
Please enter Applicant details
Title: * Mr You must enter a Building Name or Number, or
both:*
Other Title: Building Name: Witton Farm
First Name: * Greg Building Number:
Last Name: * Yarr Address 1 (Street): * Glen Lethnot
Company/Organisation: Address 2:
Telephone Number: Town/City: * Edzell
Extension Number: Country: * Scotland
Mobile Number: Postcode: * DD9 7UF
Fax Number:
Email Address:
Site Address Details
Planning Authority: Angus Council
Full postal address of the site (including postcode where available):
Address 1: Address 5:
Address 2: Town/City/Settlement:
Address 3: Post Code:
Address 4:
Please identify/describe the location of the site or sites.
Land 600m west of Witton Farm, Lethnot, Edzell
Northing 770097 Easting 356320
Description of the Proposal
Please provide a description of the proposal to which your review relates. The description should be the same as given in the
application form, or as amended with the agreement of the planning authority: *
(Max 500 characters)
Request for a Review under Section 43A(8) of the Town and Country Planning (Scotland ) Act 1997 against a decision of Angus
Council to refuse Planning Permission for the erection of 2 wind turbines of 50 metres to hub height and 74 metres to blade tip,
temporary anemometer mast and ancillary development at land 600 metres west of Witton Farm, Lethnot, Edzell.
Page 2 of 5
Type of Application
What type of application did you submit to the planning authority? *
Application for planning permission (including householder application but excluding application to work minerals).
Application for planning permission in principle.
Further application.
Application for approval of matters specified in conditions.
What does your review relate to? *
Refusal Notice.
Grant of permission with Conditions imposed.
No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal.
Statement of reasons for seeking review
You must state in full, why you are seeking a review of the planning authority’s decision (or failure to make a decision). Your
statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be
provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters)
Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce
all of the information you want the decision-maker to take into account.
You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at
the time of expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before
that time or that it not being raised before that time is a consequence of exceptional circumstances.
Please refer to Section 4 of attached Notice of Review Statement.
Have you raised any matters which were not before the appointed officer at the time the
determination on your application was made? * Yes No
Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and
intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500
characters)
Please see Appendix 1 of attached Notice of Review Statement.
Application Details
Please provide details of the application and decision.
What is the application reference number? * 14/00669/FULL
What date was the application submitted to the planning authority? * 03/08/14
What date was the decision issued by the planning authority? * 05/02/15
Page 3 of 5
Review Procedure
The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review
process require that further information or representations be made to enable them to determine the review. Further information may
be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or
inspecting the land which is the subject of the review case.
Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other
parties only, without any further procedures? For example, written submission, hearing session, site inspection. *
Yes No
Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may
select more than one option if you wish the review to be conducted by a combination of procedures.
Please select a further procedure *
Inspection of the land subject of the appeal. (Further details below are not required)
Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal
it will deal with? * (Max 500 characters)
A site inspection of the site and surrounding area is required to fully understand how the layout and design of the Proposed Wind
Cluster has sought to minimise potential adverse landscape and visual impacts whilst respecting operational efficiency. It is also
required to fully understand the potential landscape and visual impacts and impacts upon residential amenity that would occur.
In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:
Can the site be clearly seen from a road or public land? *
Yes No
Is it possible for the site to be accessed safely and without barriers to entry? *
Yes No
Checklist - Application for Notice of Review
Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal.
Failure to submit all this information may result in your appeal being deemed invalid.
Have you provided the name and address of the applicant? *
Yes No
Have you provided the date and reference number of the application which is the subject of this review? *
Yes No
If you are the agent, acting on behalf of the applicant, have you provided details of your name and
address and indicated whether any notice or correspondence required in connection with the review
should be sent to you or the applicant? *
Yes No N/A
Have you provided a statement setting out your reasons for requiring a review and by what procedure
(or combination of procedures) you wish the review to be conducted? * Yes No
Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider
require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review
at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely
on and wish the Local Review Body to consider as part of your review.
Please attach a copy of all documents, material and evidence which you intend to rely on (e.g. plans and
drawings) which are now the subject of this review * Yes No
Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a
planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the
application reference number, approved plans and decision notice (if any) from the earlier consent.
Page 4 of 5
Declare - Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Roddy Yarr
Declaration Date: 30/04/2015
Submission Date: 30/04/2015
Page 5 of 5
ITEM 2

Notice of Review Statement

Cairny Wind Cluster

Request for a Review under Section 43A(8) of the

Town and Country Planning (Scotland) Act 1997
against a decision of Angus Council to refuse
Planning Permission for the erection of 2 wind
turbines of 50 metres to hub height and 74 metres to
blade tip, temporary anemometer mast and ancillary

development at land 600m west of Witton Farm,
Lethnot, Edzell, reference 14/00669/FULL

Project Number: 8000SAP

28 April 2015

RPS
Ocean Point One
4th Floor
94 Ocean Drive
Edinburgh
EH6 6JH

Tel: [phone]
Fax: [phone]
Email: [email protected]

File Path & Name: W:\8000SAP - R Yarr, Witton Farm, Planning\admin\Reports\8000SAP_Cairny Wind Cluster Notice of Review
Statement_28.04.2015.docx rpsgroup.com
CONTENTS
1 INTRODUCTION ................................................................................................................................... 1
2 THE PROPOSED WIND CLUSTER ..................................................................................................... 2
Site Description ..................................................................................................................................... 2
The Need for the Proposed Wind Cluster ............................................................................................. 2
The Proposed Wind Cluster .................................................................................................................. 3
Design Development Process ............................................................................................................... 5
3 REASONS FOR REFUSAL .................................................................................................................. 7
4 REASONS FOR SEEKING A REVIEW ................................................................................................ 8
5 NOTICE OF REVIEW STATEMENT ..................................................................................................... 9
Reason 1 – Landscape Impacts, Visual Impact and Residential Visual Amenity ................................. 9
Reason 2 – Impact on the setting of the Caterthuns Hillforts Scheduled Ancient Monument ............19
Reason 3 – Development Plan Policies and Relevant Material Considerations .................................21
6 DETERMINATION OF THE REVIEW .................................................................................................26
APPENDIX 1 – INDEX OF SUPPORTING INFORMATION

File Path & Name: W:\8000SAP - R Yarr, Witton Farm, Planning\admin\Reports\8000SAP_Cairny Wind Cluster Notice of Review Statement_28.04.2015.docxr psgroup.com
1 INTRODUCTION
1.1 This Notice of Review Statement is submitted by RPS on behalf of Greg Yarr (the “Applicant”)
under Section 43A(8) of the Town and Country Planning (Scotland) Act 1997 in support of a
request for a review of Angus Council’s refusal for planning permission to construct, operate and
then decommission a wind cluster comprising two wind turbines with a maximum blade tip height
of 74 m (the “Proposed Wind Cluster”) on land 600m west of Witton Farm, Lethnot, Edzell (the
“Application Site”), otherwise known as Lower Cairny.

1.2 The Applicant submitted an application for planning permission on the 1 April 2014. The
Planning Application was given reference number 14/00669/FULL by the Council. The Planning
Application was accompanied by an Environment and Planning Report (“EPR”) [Document
APP 1] which provided a detailed project description of the Proposed Wind Cluster and identified
the planning policy and guidance context for the determination of the application. The EPR also
assessed the impacts of the Proposed Wind Cluster on the environmental issues which had
been raised by the Council during pre-application discussions. In addition to the EPR, the
Planning Application was accompanied by a Design Statement [Document APP 2] which
explains the rationale for the design layout of the Proposed Wind Cluster, in particular setting out
how the design sought to minimise the landscape and visual impacts of the proposal.

1.3 As a local development (as defined in the Hierarchy of Development), the Planning Application
was determined by the Council’s appointed planning officer under delegated powers. A decision
notice refusing planning permission was issued on the 5 February 2015 [Document APP 7].
The Applicant seeks a review of this decision for the reasons given within this Notice of Review
Statement.

1.4 This Notice of Review Statement sets out the Applicant’s reasons for requesting a review and
the procedures by which the Applicant wishes the review to be conducted.
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2 THE PROPOSED WIND CLUSTER
Site Description

2.1 The Application Site is located at Cairny, which lies on farmland approximately 600m west of
Witton Farm and 5km north west of Edzell.

2.2 The Application Site comprises approximately 1.1 hectares of land which forms part of the
Witton farm unit. This farm has been in the ownership of the Applicant for the last 10 years and
comprises a mixture of arable and improved grassland which is used to support livestock.

2.3 The Application Site is located on land at a height of 170 to 180m above ordnance datum some
220m north of the C34 classified roadway between Edzell and Bridgend. The surrounding hills to
the north west of the site range in height from 393m (Black Hill), to 634m (East Wirren) and
678m (The Wirren).

2.4 There are no nature conservation, historic environment or landscape designations within or in
close proximity to the Application Site. The nearest occupied properties to the Appeal Site are
located at:

 Tillydovie Cottage, located approximately 490m to the south of the site boundary and 500m
from the nearest proposed turbine;
 Tillydovie Farmhouse, located approximately 600m south east of the site boundary and
620m to the nearest proposed turbine;
 Witton, located approximately 600m east of the site boundary and 720m to the nearest
proposed turbine;
 Larkhall, located approximately 600m south west of the site boundary and 700m to the
nearest proposed turbine; and
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 Oldtown, located approximately 700m west of the site boundary and 710m to the nearest
proposed turbine.

2.5 All of the above properties, with the exception of Oldtown, are in the ownership of the Applicant.
In addition, a derelict and abandoned property is located at Bogton, approximately 200m north
west of the site boundary and 210m to the nearest proposed turbine. Angus Council has
accepted that the cottage is a ruin and uninhabitable.

The Need for the Proposed Wind Cluster

2.6 The rising cost of energy is a threat to the long term finances of the farm operation. Since 2005,
energy prices have risen by an average of 12% year on year while consumption has remained

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