4. lrb 286 – notice of review refusal of full planning
TRANSCRIPT
4. LRB 286 – Notice of Review Refusal of Full Planning Permission for Erection of 1 No. Wind Turbine (Hub Height 30m, Total Height 49.9m) Substation Building and Associated Infrastructure at Land to the South-East of East Redhill, Rothienorman, Inverurie – Reference: F/APP/2015/0528
(i) Response to Request for Additional Information – Environmental
Health
Page 1 of 2
Our Ref: JRD/WM Your Ref: LRB 286 Frances Brown Committee Officer Legal & Governance Woodhill House Westburn Road Aberdeen AB16 5GB Please ask for Mr John Dawson Direct Dial 01358 726435 Email [email protected] 30 March 2015 If you have difficulty reading this document please contact John Dawson on 01358 726435 Dear Frances Notice of Review under the Town and Country Planning (Schemes Of Delegation and Local Review Procedure) (Scotland) Regulations 2013 Full Planning Permission For The Erection of 1 No.Wind Turbine (Hub Height 30m, Total Height 49.9m) Substation Building and Associated Infrastructure At Land to The South East of East Redhill, Rothienorman, Inverurie – Reference F/APP/2015/0528 I refer to your letter dated 3rd August 2015 requesting written submissions from the Environmental Health Service regarding the proposed wind turbine at East Redhill, Rothienorman. A consultation request, in respect of these proposals, was sent to the Environmental Health Service on 4th March 2015. Following a review of the noise impact assessment submitted along with the application, a response was sent to the Planning Service, in an e-mail dated 24th April 2015, advising as follows:
Infrastructure Services
Protective Services Waste Management
Ellon Area Office
45 Bridge Street
Ellon
Aberdeenshire
AB41 9AA
Tel 01358 726435
Fax 01358 723548
www.aberdeenshire.gov.uk
LP-2 ELLON
Page 2 of 2
I have now reviewed the noise impact assessment, however, the following matters require attention before this Service can report further:-
• The candidate turbine on which the noise assessment is based is an Enercon E70 turbine with a hub height of 64m, while the elevation drawing indicates the use of an NPS 360-39-30 turbine with a hub height of 30m. In view of this noise details of the NPS turbine require to be provided and the noise assessment amended accordingly.
• The noise assessment should consider any “valley effect” as detailed in the Institute of Acoustics Good Practice Guide to the application of ETSU-R-97.
• The noise assessment should consider the cumulative noise effect of other wind turbine developments consented or pending in the area e.g. Hill of Rothmaise (APP/2014/2740) and Hill of Tillymorgan (APP/2011/0855 & APP/2014/2329) .When considering the cumulative noise effect due to consented wind turbine developments it must be assumed that the turbines will emit the noise levels permitted by the planning approval rather than the predicted levels.
It was recommended that the above information be requested from the applicant’s agent, however, to date, so far as I am aware, the required information has not been submitted. With regard to shadow flicker the applicant’s agent has concluded that as there are no properties within 10 rotor diameters (390 metres) of the turbine there should be no detrimental effect with regard to shadow flicker. This Service would recommend that in the event of permission being granted in respect of this development it should be subject to a condition that the turbine will be programmed to shut down during times and weather conditions when shadow flicker could occur. I trust that the information provided is adequate, however, should you require any additional information please do not hesitate to contact me. Yours sincerely
John Dawson Senior Environmental Health Officer
4. LRB 286 – Notice of Review Refusal of Full Planning Permission for Erection of 1 No. Wind Turbine (Hub Height 30m, Total Height 49.9m) Substation Building and Associated Infrastructure at Land to the South-East of East Redhill, Rothienorman, Inverurie – Reference: F/APP/2015/0528
(ii) Response to Request for Additional Information – Roads Service
FW: Aberdeenshire Council Ref No APP/2015/0528 25 August 2015 14:24 Subject FW: Aberdeenshire Council Ref No APP/2015/0528
From Graeme Steel
To Local Review Body Submissions
Sent 19 August 2015 11:10
Attachments <<PROPOSED ROAD JUNCTION LAYOUT.pdf>> <<EXISTING ROAD JUNCTION LAYOUT.pdf>>
From: Graeme Steel Sent: 19 August 2015 11:05 To: Frances Brown Cc: Arceli Jones; Ian Daniels Subject: FW: Aberdeenshire Council Ref No APP/2015/0528 Frances Apologies for the late response. I have now had a chance to speak to both my Roads Development colleague Arceli Jones who dealt with the application and my Roads Maintenance colleague Ian Daniels who looks after the existing roads network in the Formartine Area. The consensus is as follows. As can be seen below, Arceli forwarded a response to the Planning Service back in April this year stating that the information provided by the Developer was insufficient in terms of detail to allow the Roads Development team to withdraw their holding objection. The reasons for the objection as given in the e‐mail are perfectly clear. I would suggest that the way forward would be for the Applicant or his representative to meet Arceli and Ian on site at the proposed junction to discuss Aberdeenshire Council’s requirements. Arceli can be contacted on the number below and Ian’s direct dial number is 01358 726416. Regards Graeme Steel I.Eng AMICE
Principal Engineer
Roads Development (Garioch and Formartine)
Infrastructure Services
Aberdeenshire Council
Tel No 01467 628087 (Int 721 8087)
Web Site www.aberdeenshire.gov.uk
From: Arceli Jones Sent: 19 August 2015 09:40 To: Graeme Steel Subject: FW: Aberdeenshire Council Ref No APP/2015/0528 Hi Graeme,
Please find below the history of emails re above as requested. Regards, Arceli Arceli Jones Engineer – Roads Development (Formartine) Infrastructure Services Aberdeenshire Council Inverurie AB51 3WA Tel: 01467 628302 (Int 721 8302) Web Site: www.aberdenshire.gov.uk From: Arceli Jones Sent: 01 April 2015 17:34 To: Aoife Murphy <[email protected]> Subject: Aberdeenshire Council Ref No APP/2015/0528 Hi Aoife, Thank you for sending me the drawings relating to the above. The proposed junction improvement shown on the attached plan does not make any sense! It does not show/give details on how they will improve the junction apart from 2 lines and text information “PROPOSED JUNCTION IMPROVEMENT INCREASE IN ENTRANCE FROM 6.5m to 18m” and “SPLASH BOARDS TO PROTECT WATERWAYS FROM CONTAMINATION & TO PREVENT SURFACE WATER DISCHARGE DIRECTLY TO WATERWAY”. I am not looking for ‘splash boards’ to protect the waterways from contamination; protecting the waterways is not for me to comment on. My concern is road safety and the potential damage to the edge of the road, resulting from the proposed development, hence I suggested a barrier to be installed at the edge of the road adjacent to the exposed burn. I think I need to get Ellon Roads Maintenance points of view on this, as they are the one responsible for road maintenance. For the meantime, I would expect to receive a detailed drawing/plan showing details of how they proposed to improve the junction. If the applicant is unable to produce a detailed drawing, I would suggest that they, the applicant, should give/submit details of the types/sizes of equipment/vehicles that they would use, including loading, number of trips, etc. to enable us to assess the impact of the development on the local roads network. Regards, Arceli Arceli Jones Engineer – Roads Development (Formartine) Infrastructure Services Aberdeenshire Council Inverurie AB51 3WA Tel: 01467 628302 (Int 721 8302) Web Site: www.aberdenshire.gov.uk From: Aoife Murphy Sent: 01 April 2015 09:42 To: Arceli Jones Subject: FW: Aberdeenshire Council Ref No APP/2015/0528 Morning Arceli, Please find attached updated drawing with regards to the above application. Hopefully, these are ok and you’ll be able to lift your holding objection. Thanks, Aoife
Aoife Murphy Planner (Development Management) Infrastructure Services Aberdeenshire Council 45 Bridge Street Ellon, AB41 9AA Tel No. 01358 726461 Fax No: 01358 726450 From: Adele Ellis [mailto:[email protected]] Sent: 31 March 2015 11:54 To: Aoife Murphy Subject: Re: Aberdeenshire Council Ref No APP/2015/0528 Good morning Further to previous discussions please find attached existing and proposed road and junction layouts for your reference. Kind regards Adele Ellis AE Associates From: Aoife Murphy <[email protected]> To: "[email protected]" <[email protected]> Sent: Monday, 23 March 2015, 12:08 Subject: FW: Aberdeenshire Council Ref No APP/2015/0528 Good Afternoon, Further to your email below, dated the 20th March, I have now heard back from our Roads Department and they state: “Below is an extract from my comments on the above application. The attached document relates to the construction and environmental management plan. “It is noted that the existing private road which this development will use as an access, in particular its junction with the public road (B992), required to be upgraded to make it suitable for the type of equipment/transport to be used for the proposed development. Submit a plan showing details on how you would upgrade the existing private access junction, taking into account the existing small burn on the north side of the junction.” There is a small burn which crosses the private access junction with the public road; it is piped across the junction but the exposed side of the burn on the east side of the junction is unprotected and the road is narrow. A plan/drawing is required to be submitted to demonstrate how they plan to improve the junction and make it suitable for the type of transport to be used during the construction phase of the development, and how they plan to protect the north side of the road (adjacent to the exposed burn) from getting damage. The possible solution to this could be to widened the road on the west side of the junction and to install a barrier on the east side of the road/adjacent to the exposed burn.” Could you please attend to the above matters that are still outstanding and forward me the relevant information so that I can forward it onto the Roads Department. Kind Regards, Aoife Murphy Planner (Development Management) Infrastructure Services Aberdeenshire Council 45 Bridge Street Ellon, AB41 9AA Tel No. 01358 726461 Fax No: 01358 726450 From: Adele Ellis [mailto:[email protected]] Sent: 20 March 2015 10:27 To: Aoife Murphy
Subject: Re: Aberdeenshire Council Ref No APP/2015/0528 Further to recent discussions with the Transport consultee please find attached further information regarding pollution prevention to watercourse and the means of access to the site as per their request. If you require any further information please do ot hesitate to contact me. Kind regards Adele Ellis AE Associates From: "[email protected]" <[email protected]> To: [email protected] Sent: Monday, 16 March 2015, 14:38 Subject: Aberdeenshire Council Ref No APP/2015/0528 Please find attached important correspondence from Aberdeenshire Council, Planning and Building Standards Service This e-mail may contain privileged information intended solely for the use of the individual to whom it is addressed. If you have received this e-mail in error, please accept our apologies and notify the sender, deleting the e-mail afterwards. Any views or opinions presented are solely those of the e-mail's author and do not necessarily represent those of Aberdeenshire Council. www.aberdeenshire.gov.uk
4. LRB 286 – Notice of Review Refusal of Full Planning Permission for Erection of 1 No. Wind Turbine (Hub Height 30m, Total Height 49.9m) Substation Building and Associated Infrastructure at Land to the South-East of East Redhill, Rothienorman, Inverurie – Reference: F/APP/2015/0528
(iii) Applicant/Agents Response to Additional Information Received
Re: LRB 286 ‐ Notice of Review ‐ APP/2015/0528 03 September 2015 10:08 Subject Re: LRB 286 ‐ Notice of Review ‐ APP/2015/0528
From Adele Ellis
To Local Review Body Submissions; Frances Brown
Cc Mark Myles; Lauren Cowie; William Clare
Sent 03 September 2015 09:43
Attachments <<East Redhill cumulative noise report.pdf>> <<Letter to All Parties - Additional Information received.pdf>> <<01 - Environmental Health Response - East Redhill - LRB Report 5 8 15.pdf>> <<02 - Roads Service Combined Response.pdf>>
Good Morning Frances Many thanks for your letters and information regarding the forthcoming site visit. As requested please find attached information for Environmental Health and The Members regarding the potential cumulative noise impact. I can also advise that the applicant is agreeable to a condition being applied to planning regarding the meeting and agreement of specific Road improvement and access requirements being agreed before commencement of any part of the development. This will then ensure that the Roads departments concerns are met and that adequate improvements are put in place. Kind regards Adele Ellis AE Associates On Tuesday, 25 August 2015, 15:30, Local Review Body Submissions <[email protected]> wrote: Dear Sir/Madam Please find attached a covering letter and a copy of two submissions received from the Environmental Health Service and the Roads Service following a request by the Local Review Body for additional information. If you have any comment to make on those submission please ensure you have those to me by the date provided in my letter. No late responses will be accepted. Kind regards Frances Brown / Committee Officer
Additional Cumulative Noise information East Redhill – August 2015
ADDITIONAL INFORMATION
CUMULATVE NOISE IMPACT
LOCAL REVIEW CONSIDERATION
OF APPLICATION REF: F/APP/2015/0528
Full Planning Permission For The Erection of 1 No.Wind Turbine (Hub Height 30m, Total Height 49.9m) Substation Building and Associated
Infrastructure At Land to The South East of East Redhill, Rothienorman, Inverurie
Additional Cumulative Noise information East Redhill – August 2015
Assessment of Noise Methodology The assessment has been desk-based. The calculations are based on free-field conditions, where there is no reverberant field utilising multiple source noise calculator. The following factors are taken into account in the calculation: * Turbine locations * Turbine numbers * Turbine source noise (data supplied by turbine suppliers in conjunction with noise levels permitted). * Locations of houses/buildings. The proposed development at East Redhill meets the simplified ETSU-R-97 condition in its own right, however due to the number of existing turbines and turbines currently within the Appeal process in the immediate vicinity, a more thorough assessment of cumulative noise effects is required under current guidance. In order to predict the cumulative noise levels from all other turbines if they were all to be granted consent and also from this application solely in conjunction with the 3 consented turbines under application APP/2011/0855 it has been assumed that the other turbines will emit noise levels permitted by the planning approval rather than predicted levels. The following results have been noted for properties within the closest radius of the proposed turbine at East Redhill. Property Separation Distance APP/2015/0528 APP/2014/2740 APP/2011/0855 APP/2014/2329 LRB – East Redhill APPEAL - Tillymorgan APPROVED – Tillymorgan APPEAL – Rothmaise
West Redhill 620m 4.1km 4.43, 4.22, 3.88km 2.63, 2.71km East Redhill 640m 4.24km 3.9, 4.19, 4.5km 2.55, 2.49km Westfield 885m 4.6km 4.17, 4.47, 4.8km 1.86, 1.9km Netherton Farm 970m 2.75km 3.08, 2.89, 2.58km 2.7, 2.9km Ben View 870m 2.9km 2.65, 2.9, 3.2km 2.7, 2.86km Netherton Cottage 1 839m 3.08km 2.86, 3.09, 3.38km 2.8, 2.97km Baikiehowe Mill 965m 4.67km 4.3, 4.58, 4.88km 2.3, 2.3km Bonny View 1.15km 2.5km 2.23, 2.58, 2.79km 2.5, 2.76km South Cottage 1.33km 2.35km 2.6, 2.37, 2.03km 2.5, 2.75km Greenness 974m 2.99 km 2.48, 2.8, 3.13km 1.8, 2.04km Overhill Farm 1.46km 3.76km 3.13,3.44,3.8km 817m,1.03km The cumulative noise levels at the residential properties can be predicted as follows: West Redhill 620m + 4.1km + 3.88km + 2.63km = 38dB(A) If all approved West Redhill 620m + 3.88km = 35dB(A) if existing approved & application East Redhill 640m + 4.24km + 3.9km + 2.49km = 38dB(A) If all approved East Redhill 640m + 3.9km = 35dB(A) if existing approved & application
Additional Cumulative Noise information East Redhill – August 2015
Westfield 885m + 4.6km + 4.17km+ 1.86km = 38dB(A) If all approved Westfield 885m + 4.17km = 35dB(A) if existing approved & application Netherton Farm 970m + 2.75km + 2.58km + 2.7km = 38dB(A) If all approved Netherton Farm 970m + 2.58km = 35dB(A) if existing approved & application Ben View 870m + 2.9km + 2.65km + 2.7km = 38dB(A) If all approved Ben View 870m +2.65km = 35dB(A) if existing approved & application Netherton Cottage 1 839m + 3.08km + 2.86km + 2.8km = 38dB(A) If all approved Netherton Cottage 1 839m + 2.86km = 35dB(A) if existing approved& application Baikiehowe Mill 965m + 4.67km + 4.3km + 2.3km = 38dB(A) If all approved Baikiehowe Mill 965m + 4.3km = 35dB(A) if existing approved & Application Bonny View 1.15km + 2.5km + 2.23km + 2.5km = 38dB(A) If all approved Bonny View 1.15km + 2.23km = 35dB(A) if existing approved & Application South Cottage 1.33km + 2.35km + 2.03km + 2.5km=38dB(A) If all approved South Cottage 1.33km + 2.03km =35dB(A) if existing approved & Application Greenness 974m + 2.99km + 2.48km + 1.8km = 38dB(A) If all approved Greenness 974m + 2.48km = 35dB(A) if existing approved & Application Overhill Farm 1.46km + 3.76km + 3.13km + 817m = 38dB(A) If all approved Overhill Farm 1.46km + 3.13km = 35dB(A) if existing approved & Application
The above illustrates that if all applications currently under the Appeal process (a single turbine application as an extension to the approved 3 turbine site and a 2 turbine application) together with this application for East Redhill which is currently under Local Review and the already approved 3 turbines the cumulative noise level would be in excess of the requisite 35dB(A) as stated by ETSU-R-97. However it is further shown that should the Appeal process not be successful for the 2 applications for a total of 3 turbines of a much larger scale and, in our opinion, impact, the single turbine at East Redhill together with the 3 turbine consented site at Hill of Tillymorgan would meet the requisite 35dB(A) level. The applicant would also be agreeable to the implementation of a condition relating to noise levels and impact onto any consent granted for the development. Suggested condition is as follows: At the request of the Planning Authority, following a justified complaint to Aberdeenshire Council relating to noise emissions from the wind turbines, the Wind Turbine Operator shall, at his own expense, employ an independent consultant, approved by the Planning Authority, to assess the level of noise emissions from the wind turbines (inclusive of existing background noise). An assessment of amplitude modulation of noise from the turbines may be also be required, and shall be carried out in accordance with the terms specified by the Planning Authority and shall also be carried out at the expense of the Wind Turbine Operator.
4. LRB 286 – Notice of Review Refusal of Full Planning Permission for Erection of 1 No. Wind Turbine (Hub Height 30m, Total Height 49.9m) Substation Building and Associated Infrastructure at Land to the South-East of East Redhill, Rothienorman, Inverurie – Reference: F/APP/2015/0528
(iv) Consultee Response to Additional Information Received
WF 29775 ‐ APP/2015/0528 ‐ Land To The South‐East Of East Redhill Rothienorman Inverurie ‐ LRB 286 ‐ NJ 68344 36277 26 August 2015 14:37 Subject WF 29775 ‐ APP/2015/0528 ‐ Land To The South‐East Of East Redhill Rothienorman
Inverurie ‐ LRB 286 ‐ NJ 68344 36277
From Windfarms
To Local Review Body Submissions
Cc windfarms‐[email protected]
Sent 26 August 2015 13:18
Dear Sirs, I am responding to an email of 25‐08‐2015, regarding the above named proposed development. The above application has now been examined in relation to UHF Radio Scanning Telemetry communications used by our Client in that region and we are happy to inform you that we have NO OBJECTION to your proposal. Please note that this is not in relation to any Microwave Links operated by Scottish Water Atkins Limited is responsible for providing Wind Farm/Turbine support services to TAUWI. Atkins Limited is responsible for providing Wind Farm/Turbine support services to the Telecommunications Association of the UK Water Industry. Web: www.tauwi.co.uk Windfarm Support
ATKINS
The official engineering design services provider
for the London 2012 Olympic and Paralympic Games
Web: www.atkinsglobal.com/communications
This email and any attached files are confidential and copyright protected. If you are not the addressee, any dissemination of this communication is strictly prohibited. Unless otherwise expressly agreed in writing, nothing stated in this communication shall be legally binding. The ultimate parent company of the Atkins Group is WS Atkins plc. Registered in England No. 1885586. Registered Office Woodcote Grove, Ashley Road, Epsom, Surrey KT18 5BW. A list of wholly owned Atkins Group companies registered in the United Kingdom and locations around the world can be found at http://www.atkinsglobal.com/site-services/group-company-registration-details Consider the environment. Please don't print this e-mail unless you really need to.