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: 01307 461460 Fax: 01307 461 895 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: 0131 555 5011 Fax: 0131 555 4911 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. rpsgroup.com FSitlaet emPaetnht _2&8 .0N4a.2m0e1:5 .d oWcx: \8000SAP - R Yarr, Witton Farm, Planning\admin\Reports\8000SAP_Cairny Wind Cluster Notice of Review rpsgroup.com 1 1 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 rpsgroup.com  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 FSitlaet emPaetnht _2&8 .0N4a.2m0e1:5 .d oWcx: \8000SAP - R Yarr, Witton Farm, Planning\admin\Reports\8000SAP_Cairny Wind Cluster Notice of Review rpsgroup.com 2 2