cover image illustrates a non-specific windfarm law... · the additional bat surveys reported that...

Cover image illustrates a non-specific windfarm

Non-Technical Summary

Page 1 Black Law Windfarm Extension Phase 2 Environmental Assessment Addendum Non-Technical Summary

July 2012

Non-Technical Summary 1.0 Introduction

1. In May 2011, ScottishPower Renewables (UK) Limited (hereafter referred to as ‘the Applicant’) submitted an application for consent to the Scottish Government under Section 36 of the Electricity Act 1989 for the construction and operation of a second extension to Black Law Windfarm in the Central Belt of Scotland, centred at National Grid Reference 289254, 656221 (hereafter referred to as ‘the Development’). The Development comprised a 13 turbine extension site with an installed capacity of up to 39 MegaWatts (MW).

2. Following submission of the application, discussions were held with a number of consultees and responses were provided by the Applicant. As a result of these discussions, amendments have been made to the Development and additional environmental baseline information has been collected.

3. This Non-Technical Summary (NTS) accompanies the Environmental Statement (ES) Addendum to the Black Law Windfarm Extension Phase 2 Environmental Statement (ES) (Ref. NTS-1)(hereafter referred to as ‘the 2011 ES’).

4. The ES Addendum provides an update to the Environmental Impact Assessment (EIA) contained within the 2011 ES and is not a stand-alone document. Similarly, this NTS provides a non-technical summary of the ES Addendum and not the 2011 ES. The ES Addendum and this NTS should therefore be read in conjunction with the 2011 ES, including all Figures and Technical Appendices, and the 2011 ES NTS.

1.1 ES Availability 5. The ES Addendum are available for viewing by the public during normal opening

hours at the following locations:

• Planning Offices, North Lanarkshire Council, 3rd Floor, Fleming House, 2 Tryst

Road, Cumbernauld G67 1JW;

• Planning Offices, West Lothian Council, County Buildings, Linlithgow, West Lothian, EH49 7EZ;

• Fauldhouse Post Office, within the Co-op store, 2 Main St, Fauldhouse, Bathgate, EH47 9JA;

• Forth Library, within Forth Primary School, Main Street, Forth, Lanarkshire, ML11 8AE;

• Shotts Library, Benhar Road, Shotts, Lanarkshire, ML7 5EN; and

• Allanton Post Office, Allanton Road, Shotts, ML7 5AX.

6. A hard copy of the ES Addendum can be purchased from the Applicant. The Non-Technical Summary is available free of charge. In addition, all documents are available in an electronic format (as a PDF) on CD for £8.00.

7. Requests for copies of the 2011 ES, ES Addendum and the associated Non-Technical Summary documents should be made directly to the Applicant at the address below:

ScottishPower Renewables (UK) Limited 4th Floor 1 Atlantic Quay Robertson Street Glasgow G2 8JB Tel: +44 (141) 614 4000



July 2012

8. Comments on the Section 36 application should be forwarded to the address below:

Energy Consents Unit Scottish Government 4th Floor 5 Atlantic Quay 150 Broomielaw Glasgow G2 8LU Or by email to [email protected]

2.0 ES Addendum

9. The ES Addendum provides an update to the Environmental Impact Assessment (EIA) contained within the 2011 ES and is not a stand-alone document. The purpose of the ES Addendum is to:

• Describe the revisions to the Development proposals,

• Summarise changes to planning policy, legislation and guidance since submission of the 2011 ES;

• Provide the additional environmental baseline information requested by the statutory consultees following submission of the 2011 consent application;

• Identify the requirement for additional cumulative assessment;

• Review and revise the EIA in light of the points highlighted above;

• Recommend mitigation for adverse effects identified; and

• Report how the revisions and additional information collected alter the assessment of residual effects and the conclusions of the EIA presented within the 2011 ES.

10. The assessment has been carried out in accordance with The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000 (Ref. NTS-2) (hereafter referred to as ‘the EIA Regulations’).

11. The following chapters contained within the 2011 ES were reviewed and revised as part of this ES Addendum:

• Chapter 2: Assessment Methodology and Significance Criteria

• Chapter 4: Project Description

• Chapter 5: Planning Policy Context

• Chapter 6: Landscape and Visual;

• Chapter 7: Ornithology;

• Chapter 8: Ecology;

• Chapter 9: Traffic, Access and Transport;

• Chapter 10: Archaeology and Cultural Heritage;

• Chapter 11: Noise;

• Chapter 12: Hydrology, Hydrogeology and Geology;

• Chapter 13: Other Issues; and

• Chapter 14: Residual Effects and Conclusions.



July 2012

2.1 Cumulative Assessment 12. Since the submission of the 2011 ES, the situation with regard to the landscape and

visual cumulative assessment of other windfarms has changed. A revised cumulative assessment, to include additional windfarm sites identified since submission of the 2011 ES, has been undertaken in line with the 2012 Scottish Natural Heritage (SNH) guidance on cumulative assessment of windfarms (Ref. NTS-3).

13. A search for additional non-windfarm schemes requiring cumulative assessment since the 2011 ES was undertaken and no additional schemes were identified.

3.0 Planning Policy

14. A desk based review of current planning policy (at the time of writing) has been undertaken to inform the ES Addendum and the policies relevant to the Development have been highlighted.

15. None of the core development planning policy documents noted in the 2011 ES have been revoked; however, proposed / draft documents have been published and these require to be considered as material considerations, namely:

• Glasgow & the Clyde Valley Strategic Development Plan – Proposed Plan (2011) (Ref. NTS-4); and

• Proposed SESplan – Strategic Development Plan for Edinburgh & South East Scotland (2011) (Ref. NTS-5).

16. Two Planning Advice Notes (PANs) have been revoked and replaced since submission of the 2011 ES:

• PAN 42: Archaeology – Planning and Scheduled Monument Procedures (1994) (Ref. NTS-6). This is now revoked and has been replaced with PAN2/2011 Planning & Archaeology (Ref. NTS-7);

• PAN 79: Water & Drainage (2006) (Ref. NTS-8). This is currently being consolidated by the Scottish Government; and

• PAN 81: Community Engagement – Planning with People (2007) (Ref. NTS-9). This has been revoked and has been replaced by PAN3/2010 Community Engagement (Ref. NTS-10).

3.1 Changes to the Description of the Development

17. The Development site and setting is unchanged and is as described in the 2011 ES.

18. A number of revisions have been made to the Development, as described in the 2011 ES, since submission of the Section 36 application. The revised Development comprises an 11 turbine second extension to the operational Black Law Wind Farm with an installed capacity of up to 33MW. The revised Development layout is shown in Figure NTS-1 and the revisions are summarised as follows:

• Removal of turbines 98 and 100, borrow pits BP3 and BP4, and associated tracks;

• Relocation of temporary meteorological mast B to a new location approximately 250 metres (m) west of turbine 89

• Provision of an additional temporary meteorological mast (mast ‘G’) located at turbine 89;

• Reduction in the dimensions of the crane hardstanding areas at the end of spur roads for turbines (reduced from 45m by 35m to 40m by 33m);

• Changes to the design of crane hardstanding areas, access tracks, and track turning heads;

• Change to the dimension of the permanent meteorological mast hardstanding area;



July 2012

• Revisions to felling area and forestry restocking proposals; and

• Changes to culvert design.

19. All other design elements are as described within the 2011 ES.

4.0 Summary of Technical Assessments

4.1 Landscape and Visual 20. A number of the graphics produced for the 2011 ES LVA have been revised in order

to illustrate the revisions to the Development. In addition, one supplementary viewpoint has been included within this ES Addendum to illustrate the visibility of the Development from the access to Brow Farm at Dura Road.

21. The revised LVA assessment concludes that the removal of two turbines (98 and 100) within the revised layout will result in reduced visibility and influence of the Development and therefore reduce the landscape and visual effects reported in the 2011 ES on a number of sensitive receptors around the study area. As a result, the following significant residual effects reported within the 2011 ES have been re-assessed as not significant:

• Effect on Landscape Character Type - plateau farmland unit 1;

• Effect on views from representative viewpoint 3;



• Effect on principle visual receptor – parts of Allanton;

• Effect on principle visual receptor – parts of Hartwood;

• Effect on principle visual receptor – stretch of A71;

• Effect on principle visual receptor – stretch of Edinburgh-Glasgow Central Station Railway.

22. The remaining significant residual landscape and visual effects remain as stated in the 2011 ES.

23. Since the submission of the 2011 ES, the cumulative windfarm situation at the Development has altered and a revised cumulative assessment has therefore been provided in this ES Addendum. No additional cumulative effects to those stated in the 2011 ES are identified.

4.2 Ornithology 24. In response to the comments on the 2011 ES received from North Lanarkshire

Council (NLC) and Scottish Natural Heritage (SNH), additional mitigation for ornithological effects proposed within this ES includes production of a Habitat Management Plan (HMP), Species Protection Plan (SPP) and a Breeding Bird Protection Plan (BBPP). These will be produced in consultation with the statutory bodies prior to the start of the construction phase of the Development.

25. The residual effects on ornithology from the revised Development are not considered to alter the magnitude or significance of the effects stated in the 2011 ES, and as such, the revised Development will not have a significant effect in terms of the requirements of the Environmental Impact Assessment Regulations (Ref. NTS-2).



July 2012

4.3 Ecology 26. In response to consultation responses from NLC, SNH and the Scottish Environment

Protection Agency (SEPA) the following additional ecological surveys have been undertaken, and supplementary information provided, within the ES Addendum:

• Additional bat surveys at Spoutscross Farm in June 2011;

• A map showing habitat suitable for small pearl-bordered fritillary; and

• A draft Peat Management Plan (PMP).

27. The additional bat surveys reported that a bat roost (single soprano pipistrelle, pipistrellus pygmaeus) was present within the farm building complex. The potential loss of this roost is assessed as being minor adverse and therefore not significant in terms of the EIA regulations.

28. In response to the comments on the 2011 ES received from NLC, SNH and SEPA, additional mitigation for ecological effects proposed within this ES includes production of a PMP, HMP, SPP and BBPP. These will be produced in consultation with the statutory bodies prior to the start of the construction phase of the Development.

29. The conclusions of the revised ecological assessment are that there is no change to the significance assessments or residual effects reported within the 2011 ES, and as such, the revised Development will not have a significant effect on ecology in terms of the requirements of the Environmental Impact Assessment Regulations (Ref. NTS-2).

4.4 Traffic, Access and Transport 30. The residual effects resulting from the revised Development are considered to be the

same as the effects stated in the 2011 ES and, as such, the effect of the revised Development will not be significant in terms of the requirements of the Environmental Impact Assessment Regulations (Ref. NTS-2).

4.5 Archaeology and Cultural Heritage 31. The residual effects on cultural heritage interests from the revised Development are

considered to be the same as the effects stated in the 2011 ES and, as such, the effect of the revised Development will not be significant in terms of the requirements of the Environmental Impact Assessment Regulations (Ref. NTS-2).

4.6 Noise 32. In response to the comments on the 2011 ES received from NLC, an operation noise

assessment was undertaken to assess compliance of the operational Black Law Windfarm with consented noise limits at Brow Farm. The assessment concluded that the operational windfarm complies with the consent noise limits which apply during the day-time and the night-time. The Operation Noise Assessment Report (ref. NTS-11) was submitted to NLC in May 2012.

33. Due to the change in turbine layout design for the Development, a revised quantitative assessment of noise was undertaken. The noise assessment methodology and significance criteria used within the ES Addendum remain the same as those reported within the 2011 ES.

34. The revised calculations indicate a slight reduction in noise imission levels at dwellings located in the study area surrounding the Development site. In addition, noise effects from the construction phase are predicted to be reduced at the nearest dwelling when compared to the 2011 ES. It is therefore concluded that the Development will not have a significant effect in terms of the requirements of the Environmental Impact Assessment Regulations (Ref. NTS-2).



July 2012

4.7 Hydrology, Hydrogeology and Geology 35. In response to consultation responses from the Scottish Government and SEPA, the

following qualifications and supplementary information is provided within the ES Addendum:

• Update to the Peat Stability Assessment (Appendix E1);

• Additional baseline information on an unnamed tributary of the Auchter Water; and

• A draft Peat Management Plan (PMP) (Appendix E2).

36. No additional significant residual effects have been identified as a result of the changes to the Development and therefore the assessment of residual effects and the statement of significance remain as not significant (as stated in the 2011 ES).

4.8 Other Issues (Access & Climate Change) 37. A review of the assessments contained within Chapter 13: Other Issues of the 2011

ES was undertaken to determine whether the assessments required to be updated in light of the revisions to the Development. It was determined that only the access and carbon balance elements of the chapter required to be re-assessed and that the other assessments would remain the same as stated in the 2011 ES.

Access 38. NLC recognise the requirement for access to be provided as part of the Development,

as Dura Forest is a well utilised recreational resource. SPR acknowledge that areas of the site are and will remain popular for recreational activities and therefore will improve the surface of core path 303. The changes to the Project Description confirms the deletion of Borrow Pit BP 3, which means public access along Core Path 303 at this location will not be adversely impacted, and similarly Construction Compound C3 will be sited to ensure it does adversely affect access along this route.

39. The provision of access improvements can be delivered through the existing Access Steering Group to ensure the area remains accessible for recreational users of the site, recognising that parts of the site remain an operational commercial forest.

Climate Change 40. The purpose of the Development is to generate electricity from a renewable source of

energy, offsetting the need for power generation from the combustion of fossil fuels. Consequently, the electricity that would be produced by the Development results in a saving in emissions of carbon dioxide (CO2) with associated environmental benefit.

41. The carbon balance calculations presented within the 2011 ES were updated to take into account the proposed revisions to the Development and changes in the Scottish Government guidance on carbon balance calculation (Refs. NTS-12 to NTS-15).

42. The saving in emissions of carbon dioxide (CO2) as a result of the Development is calculated to be between 25,367 and 34,512 tons of CO2 per annum. The carbon saving over the lifetime of the Development is predicted to be between 634,400 and 862,800 tons of CO2.

43. The expected payback time, the period of time over which the windfarm must be in operation before net savings of CO2 can be realised, is calculated to be 5.4 years, which is significantly less than the 25 year operational lifetime of the Development.

44. The residual effects from the revised Development are considered to be the same as the effects stated in the 2011 ES and, as such, the effect of the revised Development will not be significant in terms of the requirements of the Environmental Impact Assessment Regulations (Ref. NTS-2).



July 2012

5.0 Summary and Conclusions 45. The environmental assessments reported within the 2011 ES Addendum have been

reviewed and updated to reflect the revised Development design and changes to legislation, policy and guidance that have been introduced since May 2011. The ES Addendum also provides additional information requested by the consultees following submission of the 2011 ES.

46. In terms of the EIA Regulations, it is considered that the Development will not have significant adverse effects on the environment with the exception of a limited number of landscape effects. The proposed revisions to the Development layout, and in particular the removal of two turbines (98 and 100), notably reduce the magnitude of the landscape and visual effects of the Development reported in the 2011 ES on a number of sensitive receptors around the study area. The remaining significant adverse landscape effects are anticipated to be at a local level and restricted to the northern, western and north-western edge of the Development site, where the Development will be seen at closer proximity than the operational Black Law Windfarm and Extension Phase 1. These effects are reversible, in that they would cease to be effects following decommissioning of the Development.

47. No additional cumulative effects to those stated in the 2011 ES are identified.



July 2012

6.0 References

Ref. NTS-1 URS (2011). Black Law Windfarm Extension Phase 2 Environmental Statement Volumes I to IV (May 2011). ScottishPower Renewables (UK) Ltd, Glasgow.

Ref. NTS-2 Scottish Government (2000). The Electricity Works (Environmental Impact

Assessment) (Scotland) Regulations 2000. Office of the Queen's Printer for

Scotland (OQPS), Edinburgh.

Ref. NTS-3 Scottish Natural Heritage (2012). Assessing the cumulative impact of onshore

wind energy developments. Scottish Natural Heritage, Battleby.

Ref. NTS-4 Glasgow and the Clyde Valley Strategic Development Planning Authority (2011).

Glasgow and the Clyde Valley Strategic Development Plan – Proposed Plan.

Ref. NTS-5 SESplan Strategic Development Planning Authority (2011). Proposed Strategic

Development Plan for Edinburgh & South East Scotland.

Ref. NTS-6 Scottish Executive (1994). PAN42: Archaeology - Planning Process and

Scheduled Monument Procedures. OPSI, Edinburgh.

Ref. NTS-7 Scottish Government (2011). PAN 2/2011: Planning and Archaeology. Edinburgh.

Ref. NTS-8 Scottish Executive (2006). PAN79: Water and Drainage. OPSI, Edinburgh.

Ref. NTS-9 Scottish Executive (2007). PAN81: Community Engagement – Planning with

People. OPSI, Edinburgh.

Ref. NTS-10 Scottish Government (2010). PAN 3/2010: Community Engagement. Edinburgh

Ref. NTS-11 Hoare Lea Acoustics (2012), Black Law Windfarm Operational Noise Assessment.

Ref. NTS-12 Scottish Government, (2011). Calculating Potential Carbon Losses & Savings from

Wind Farms on Scottish Peatlands Technical Note – Version 2.0.1. Office of the

Queen's Printer for Scotland (OQPS), Edinburgh.

Ref. NTS-13 J.U.Smith, P. Graves, D.R. Nayak, P. Smith, M. Perks, B. Gardiner, D. Miller, A.

Nolan, J. Morrice, G. Xenakis, (2012). Scottish Government Carbon Calculator for

Wind Farms on Peatlands - Version 2.6.0. Dated 1st June 2012. Scottish

Government, OQPS, Edinburgh.

Ref. NTS-14 Scottish Government, (2011). Carbon Payback Calculator: Guidelines on

Measurements.

Ref. NTS-15 J.U.Smith, P. Graves, D.R. Nayak, P. Smith, M. Perks, B. Gardiner, D. Miller, A.

Nolan, J. Morrice, G. Xenakis, S. Waldron and S. Drew, (2011). Carbon

Implications Of Windfarms Located On Peatlands – Update Of The Scottish

Government - Carbon Calculator Tool (Cr/2010/05) August 2011. Final Report.

Scottish Government, OQPS, Edinburgh.


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cover image illustrates a non-specific windfarm law... · the additional bat surveys reported that...

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