NORTH AYRSHIRE COUNCIL

24 November 2020

Local Review Body

Title: Notice of Review: 19/00882/PP Sorbie Farm, Ardrossan,

Ayrshire KA22 7NP

Purpose: To hear on specified matters for consideration of the Local

Heview Body and thereafter continue the Notice of Review for determination.

Recommendation: That the Local Review Body hear on specified matters and

1.1

2.1

2.2

2.3

thereafter continue the Notice of Review for determination.

Executive Summary

The Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2006, provides for certain categories of planning application for "local" developments to be determined by appointed officers under delegated powers. Where such an application is refused, granted subject to conditions or not determined within the prescribed period of 2 months, the applicant may submit a Notice of Review to require the Planning Authority to review the case. Notices of Review in relation to refusals must be submitted within 3 months of the date of the Decision Notice.

Background

A Notice of Review was submitted in respect of Planning Application 19/00882/PP Section 42 application to vary condition 2 of planning permission 18/01061/PP to enable an increase of the consented wind turbine tip height from 104.3m to 125m at Sorbie Farm, Ardrossan.

The application was refused by officers for the reasons detailed in the Decision Notice.

At its meeting on 5 October 2020, the Local Review Body agreed (a) to continue consideration of the Notice of Review to a future meeting for a hearing to be conducted in terms of the Hearing Session Rules set out in Schedule 1 of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013, to consider the application for review and hear on the following specified matters from the applicant, officers of the Council's Planning Service, any interested party who made representations in relation thereto and in relation to (i) below the Council's Environmental Health team (noise); (i) noise assessment and how it had been appropriately dealt with (ii) flickering and shadowing and differences between both applications (iii) landscape impact assessment and how it fitted with LDP2 Policy 29; (b) undertake all necessary notifications and any further procedure in terms of the said Rules.

2.4 In accordance with the hearing procedure and rules, the applicant/applicant's representative, interested parties, officers of the Council's Environmental Health Service, and officers of the Council's Planning Service were invited to attend the Hearing oession and to submit a Hearing Statement and supporting documentation in advance of the session.

2.5 The Local Review Body also requested further written submissions on noise assessments.

2.6 The following related documents are set out in the appendices to the report: -

Appendix 1 - Notice of Review documentation;

Appendix 2- Report of Handling;

Appendix 3- Location Plan;

Appendix 4- Planning Decision Notice;

Appendix 5- Further representations from interested parties; and Appendix 6 - Hearing Statements.

3. . Proposals

3.1 The Local Review Body is invited to hear on specified matters and thereafter continue the Notice of Review for determination.

4. Implications/Socio-economic Duty Financial 4.1 None.

Human Resources

4.2 None.

Legal 4.3 The Notice of Review requires to be considered in terms of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2006, and

the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013.

Equality/Socio-economic 4.4 None.

Environmental and Sustainability 4.5 None.

Key Priorities 4.6 None.

Community Benefits

4./ None.

5. Consultation

5.1 Interested parties (both objectors to the planning application and statutory consultees) were initially invited to submit representations in terms of the Notice of Review and these are attached at Appendix 5 to the report.

5.2 The applicant has had an opportunity to respond to the further representations.

5.3 The applicant, interested parties, the Council's Environmental Health Service and the

Council's Planning Service were subsequently invited to submit a hearing statement in advance of the hearing and these are attached at Appendix 6 to the report.

Craig Hatton Chief Executive

For further information please contact Hayley Clancy, Committee Services Officer, on 01294 324136.

Background Papers 0

Appendix 1

Notice of Review

NOTICE OF REVIEW

UNDER SECTION 43A(8) OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED) IN RESPECT OF DECISIONS ON LOCAL DEVELOPMENTS

THE TOWN AND COUNTRY PLANNING (SCHEMES OF DELEGATION AND LOCAL REVIEW PROCEDURE) (SCOTLAND) REGULATIONS 2008

THE TOWN AND COUNTRY PLANNING (APPEALS) (SCOTLAND) REGULATIONS 2008

IMPORTANT: Please read and follow the quidance notes provided when completing this form. Failure to supply all the relevant information could invalidate your notice of review.

Use BLOCK CAPITALS if completing in manuscript

Applicant(s) Agent (if any) Name | | ЖШ dem eru аала ич ied Address Address Postcode Postcode Contact Telephone 1 Contact Telephone 1 Contact Telephone 2 Contact Telephone 2 Fax No Fax No E-maiF | Ema ү o 7 _ o

Mark this box to confirm all contact should be through this representative: |]

Yes No * Do you agree to correspondence regarding your review being sent by e-mail? х || Planning authority North Ayrshire Council

Planning authority's application reference number 19/00882/PP

Site address Sorbie Farm, Ardrossan, KA22 7NP

Description of proposed development

Section 42 application to vary condition 2 of planning permission 18/01061/PP to enable an increase of the consented wind turbine tip height from 104.3m to 125m

Date of application 27/11/19 . Date of decision (if any) 05/02/2020

Note: This notice must be served on the planning authority within three months of the date of the decision notice or from the date of expiry of the period allowed for determining the application.

Page 1 of 5

Notice of Review Nature of application

Application for planning permission (including householder application) |]

2. Application for planning permission in principle |

3. Further application (including development that has пої yet commenced and where a time limit has been imposed; renewal of planning permission; and/or modification, variation or removal of a planning condition) 4. Application for approval of matters specified in conditions ||

Reasons for seeking review

1. Refusal of application by appointed officer

2. Failure by appointed officer to determine the application within the period allowed for determination of the application

3. Conditions imposed on consent by appointed officer

L L

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.

Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may tick more than one box if you wish the review to be conducted by a combination of procedures.

1. Further written submissions | | 2. One or more hearing sessions х 3. Site inspection x 4 Assessment of review documents only, with no further procedure Dx]

If you have marked box 1 or 2, please explain here which of the matters (as set out in your statement below) you believe ought to be subject of that procedure, and why you consider further submissions or a hearing are necessary:

Wind farm applications by their nature tend to raise complex and technical specialist issues relating to planning policy, potential effects and potential benefits. A hearing session would allow for a discussion and more exploration around some of these issues. A site visit would allow Members to understand the landscape and visual effects in context.

Site inspection

In the event that the Local Review Body decides to inspect the review site, in your opinion:

Yes Мо 1. Can the site be viewed entirely from public land? || x 2 Isit possible for the site to be accessed safely, and without barriers to entry? х isi

If there are reasons why you think the Local Review Body would be unable to undertake an unaccompanied site inspection, please explain here:

Page 2 of 5

Notice of Review If Members intend to visit Sorbie Farm then we would request details to notify the landowner

Page 3 of 5

Notice of Review Statement

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. Note: 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.

If the Local Review Body issues a notice requesting further information from any other person or body, you will have a period of 14 days in which to comment on any additional matter which has been raised by that person or body.

State here the reasons for your notice of review and all matters you wish to raise. If necessary, this can be continued or provided in full in a separate document. You may also submit additional documentation with this form.

Please see separate document 'Sorbie Wind Farm Review Statement (Feb 20)'

Have you raised any matters which were not before the appointed officer at the time the Yes No determination on your application was made? em

If yes, you should explain in the box below, why you are raising new material, why it was not raised with

the appointed officer before your application was determined and why you consider it should now be considered in your review.

Page 4 of 5

Notice of Review List of documents and evidence

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.

The following figures and documents were submitted with the planning application:

- Application Forms

- Covering Letter (19/1 1/19)

- Planning Statement

- Comparative Environmental Report (Nov 19)

- Comparative Environmental Report LVIA Annexes - Figure 1.1 Rev A Location Plan

- Figure 1.2 Turbine Elevation

- Figure 1.3 Site Layout

- Figure 1.4 Rev A Woodland Planting Proposals

The following figures and documents are relevant to the planning history of the site:

- 18/01061/PP Decision Notice - 13/00627/PP DPEA Intentions Letter and Report - 13/00627/PP Decision Letter from DPEA

Note: The planning authority will make a copy of the notice of review, the review documents and any notice of the procedure of the review available for inspection at an office of the planning authority until such time as the review is determined. It may also be available on the planning authority website.

Checklist

Please mark the appropriate boxes to confirm you have provided all supporting documents and evidence relevant to your review:

х Full completion of all parts of this form х Statement of your reasons for requiring a review All documents, materials and evidence which you intend to rely on (e.g. plans and drawings

or other documents) which are now the subject of this review.

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 from that earlier consent.

Declaration

| the applicant/agent [delete as appropriate] hereby serve notice on the planning authority to review the application as set out on this form and in the supporting documents.

Signed x Date |

Page 5 of 5

JefffrgieKontg

Energiekontor 4330 Park Approach - Thorpe Park Leeds 1515 8GB Energiekontor

UK Ltd North Ayrshire Council

Cunningham House Irvine

Scotland

KA12 8EE

FAO Anthony Hume 19 November 2019

Our reference:

Dear Sirs

Submission of a Planning Application by Energiekontor UK Ltd under Section 42 of the Town and Country Planning (Scotland) Act 1997 to Vary Condition 2 of Planning Permission 18/01061/PP

At Sorbie Farm, North of Ardrossan, KA22 7NP

On behalf of Energiekontor UK Ltd | hereby enclose a planning application made under Section 42 of the Town and Country Planning (Scotland) Act 1997 relating to the approved Sorbie Wind Farm (Council reference 18/01061/PP). The application is being submitted online via the ePlanning Portal (reference: 100204248-001) and consists of:

" Application forms;

" Planning Statement

= Comparative Environmental Report

= Comparative Environmental Report: LVIA Annexes = The following plans and drawings:

- Figure 1.1 Location Plan

- A Figure 1.2 Turbine Elevation

- A Figure 1.3 Site Layout

- A Figure 1.4 Woodland Planting Proposals

An electronic copy of the application will be also be provided in the post due to the large file size of certain documents.

Application Fee

This planning application follows a previously refused proposal (reference: 19/00306/PP) to increase the wind turbine tip heights at Sorbie Wind Farm. As this is the first such resubmission following this refusal it benefits from a "free go", and as such no application fee is payable.

The Planning Application

The planning application seeks to vary the consented Sorbie Wind Farm permission to achieve the following amendments:

= Increase the turbine tip heights from 104.3m to 125m;

= Varying the internal track layout;

" Identification of an area that could be utilised for energy storage in the future, should the technology become commercially available within the operational lifetime of the wind farm. A separate planning application would be submitted in the future to seek detailed consent for the energy storage facility;

= Introduction of new woodland planting on the southern boundary of the Site; and

= Deletion of the approved 65m high permanent anemometer mast.

The application is made under Section 42 of the Town and Country Planning (Scotland) Act 1997 and seeks to achieve this tip height increase by varying condition 2 of planning permission 18/01061/PP. Condition 2 currently reads:

"That, for the avoidance of doubt, all other conditions as set out in Appendix 1 attached to the decision letter of The Scottish Government (ref. AIR-NAY-001) dated 30th November 2015 shall continue to have effect."

It is proposed to vary condition 2 to read:

"That, for the avoidance of doubt, all other conditions as set out in Appendix 1 attached to the decision letter of The Scottish Government (ref. AIR-NAY-001) dated 30th November 2015 shall continue to have effect except for conditions 4 and 7 which shall be amended to read:

4. That the turbines shall be erected and the site roads constructed in the locations identified on drawing Figure 1.3 Site Layout, save for the ability to vary these locations by 30m. Any movement greater than 30m would require the written approval of North Ayrshire Council as Planning

Authority. Before the turbine bases are concreted, the precise position of the turbines shall be notified to, and approved in writing by, North Ayrshire Council as Planning Authority.

7. That no turbines will be erected until details of the model, height, colour and finish of the turbines and of any external transformers, have been submitted to, and approved in writing by, the planning authority. The turbines shall not be illuminated and shall not carry any symbols, logos or other lettering except where required under other legislation. For the avoidance of doubt, the height of the wind turbines to blade tip shall not exceed 125 metres. The development shall be carried out thereafter in accordance with the approved details, unless any changes are subsequently agreed in writing by North Ayrshire Council as Planning Authority."

Figure 1.2 included with this planning application provides illustrative elevation details of the turbine model now proposed. Figure 1.3 illustrates the proposed wind farm layout, including the identification of an area for energy storage and new planting areas.

Context and Addressing the Previous Reason for Refusal

The planning application follows a previous refusal at Sorbie Wind Farm to vary the turbine tip heights to 125m. This application was refused by the Council in 2019 for the following reason:

“The proposal would be contrary to the provisions of Local Development Plan Policy PI 9 criterion (a) and (d) and the General Policy of the adopted North Ayrshire Council Local Development Plan in the following ways: It is considered that the degree of change from 104.3m blade tip to 125m blade tip would be substantial and adverse in terms of landscape and visual impacts, especially given the locational context of the site within 2km to the north of the settlement of Ardrossan and in close proximity to the North Ayrshire Lowlands Landscape Character Type, being a landscape of smaller scale. Such a substantial increase in scale would contrast markedly with the turbine design approved in the previous consents, would overwhelm those parts of the North Ayrshire Lowlands Landscape Character Type close to the site and would have an adverse effect on the rural setting of Ardrossan Windfarm, resulting in conflict with the recommendations contained in the Council's Landscape Wind Capacity Study of 2018, all of which would adversely affect landscape character and visual amenity in the locality."

Changes have been made to this application to address this reason for refusal, including:

= Varying the internal track layout would save 1.24km of new track from being constructed. This equates to 1,860m? less aggregate being required to build the wind farm, which improves its overall carbon balance.

= Identification of an area that could be utilised for energy storage in the future, should the technology become commercially available within the operational lifetime of the wind farm. This improves the overall renewable energy benefits of the wind farm.

= Introduction of new woodland planting on the southern boundary of the Site. This will serve to screen views towards the turbines from the closest viewpoints adjacent to the Site, namely views northwards from the A78 which are currently open in the direction of Sorbie Farm.

= Deletion of the approved 65m tall permanent anemometer mast from the development. This would reduce the visual effects of the wind farm development.

A Planning Statement has been prepared to accompany the application. This sets out a range of new supporting information, for example information on the commercial availability of 100m turbines (see Table 1.1), and information on the comparative heights of Sorbie and Ardrossan Wind Farms (see Figures 3.1 and 3.2). The Planning Statement also highlights that the planning policy context for this planning application has changed following the previous refusal. In particular there is a new planning policy within LDP2 for considering wind energy proposals (Policy 29), which is much more supportive and balanced than the policy in the previous LDP (Policy PI 9). The new policy also sets out a different approach to the use of landscape capacity studies, with proposals no longer required to "comply" with such studies. This is important because the landscape capacity study was a principal consideration in the refusal of the previous application.

Taken together these factors are sufficient to warrant a further consideration of larger turbines at Sorbie Wind Farm.

Next Steps We trust that this information is satisfactory and the application can be

validated. If however you require any additional information or there is anything you want to discuss then please do not hesitate to contact me.

Energiekontor UK

North Ayrshire Council LU i adt mu Agua dust Cunninghame House Friars Croft Irvine КА12 BEE Tel: 01284 324 319 Fax: 01294 324 372 Email: eplanninginorth-ayrshire.gowv. uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid Thank you for completing this application form: ONLINE REFERENCE 100204248-001

The online reference is the Unique reference for your online farm 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 Authonty about this application.

Type of Application What is this application for? Please select one of the following: *

[J Application for planning permission (including changes of use and surface mineral working). Е Application for planning permission in principle. Further application, (including renewal of planning permission, modification. variation ог removal of a planning condition etc)

Г] Application for Approval of Matters specified in conditions.

Plaase give tha application refarenca no. af the previous application and date when parmission was aranted

Application Reference No: * 18/01061/PP

Date (ddi/mm/vyyyE * 11/01/2018

Description of Proposal

Please describe the proposal including any change of use: ^ (Max 500 characters)

Submission of a Planning Application by Energiekontor UK Ltd under Section 42 of the Town and Country Planning [Scatland) Act 1997 to Vary Condition 2 of Planning Permission 18/01061/PP

ls this a temporary permission" * | 4 Tas [x] No

а change of use is to be included in the proposal has it already taken place? Г] Yes [x] No (Answer 'No' if there is no change of use.) *

Has the work already been started and/or completed? *

LI No 24 ves- Started L Yes- Completed

Page 1of8

Please state date of completion. orif not completed. the start date [Дйлтуитылууулу 1: 7 1711/2018

Please explain why work has taken place in advance of making this application: " (Max Гай) characters

Works have Boon undertaken ta implement the planning permission

Applicant or Agent Details

A you an applicant or an agent? " [Ап agent is an architect. consultant or someone else acting on behalf of the applicant in connection with this application Applicant [ адепт

Applicant Details

Please enter &pplizant details

Tithe: Mr You must enter a Building Name or Number. or Both: "

First Mame: 7 Michael Building Number.

Address 1

Brigg s [Street tr *

Last Mame 7

Lompam,Drjanisation Address 2:

Telephone Number * Toeni C тү: *

Extension Number: Country: *

Mobile Number: Postcode: "

Fax Number.

Email &ddress: *

Page 2 of a

Site Address Details

Planning Authority: North Ayrshire Council

Full postal address of the site [including postcode where available: Address 1: SORBIE FARM

Address 2: Address X Address 4: Address 5: Town C my Settlement: ARDROSSAN Baas TNP

Post Cade:

Please identi describe the location af the site or sites

Pre-Application Discussion

Have You discussed your propasal with the planning authority? " YES [| Мо

Pre-Application Discussion Details Cont.

In what format was the feedback given? * Meeting [ ] Telephone [| Letter [ ] Email

Please pravide a description of the feedback vou were given and the name of the officer who provided this feedback. If à processing agreement [note 1] is currently in place ar if you are currenth discussing а processing ag menment with the planning authority. please provide details of this. (This will help the authant to deal with this application man efficienti .1 " [max es characters

Discussion around requirements far a further application

M Other їй:

Так: First Mame: Anthony Last Mane: Hume

Correspondence Reference Date jdadmmoeyyyy 1 ana Num Ger: А.

Nate 1. å Praecessing agreement involves setting out the key stages invoked in determining а planning application. identifying what information is required and fram whom and setting timescales for the deliver of various stages of the process.

Page ofa

Site Area

Pease state the site anrea: 218.74

Please state the mea surement Type used: Hectares (hal [| Sguare Metres (sq.m

Existing Use Please describe the cument or most recent use: " [Мах Бою characters]

Sorbie dairy tarni

Access and Parking

AR you Proposing a new altered vehicle access to or froma public raad? " [| YES Мо

If es please describe and show on yourdawings the position of any existing. &ltered er new acecss points. highlighting the changes vol propase to make. You should also shaw existing footpaths and note if there will be any impact on these.

Anm you Proposing а пу change to public paths. public rights of way or affecting any Public ight of access? * L YES Мо

lf es please shaw an your drawing s the position of any affected areas highlighting the changes wu propose ta make. including Arrange ments far contin uing or alternative publiz асс 55.

How many vehicle parking spaces ідагадіпа and open parking! cumenth exist an the application fo Site?

How many vehicle parking spaces (qaraging and open parkingi da you propose on the site jic. the

Total of existing and апу new spaces or a reduced number of spaces? 7

Please show en wourdranwings the position of existing and proposed parking spaces and identify if these are for the use of particular Types of vehicles (e. parking fardisabled people. coaches. HGW vehizkies. cpoles spaces.

Water Supply and Drainage Arrangements

Will your proposal mg uire new or alte md water supply ar drainage amangements? 7 [| YES Мо

Do your proposals make provision far sustainable drainage of surface water?? " [ ] Yes No [e.3. SUDS amangementsi

Мое: Please include details of SUD S arrangements on your plans

Selecting Na to the above question means that pou could Be in breach of Environmental legislation.

AR you pmposing ta cannect to the public water supply network? "

L] Wes

L Мо. using a private water supply No connection required

lf No. using a private water Supply. please show on plans the supply and all works needed to provide it [an or off site.

Page 4 of 8

Assessment of Flood Risk

Is the site within an area of knewn risk of flooding? * [| YES Мо [| Поп t Know

If the site is within an area of known risk of flacding veu may need to submit a Flood Risk Assessment before your application can be determined. You may wish to contact pour Planning &uthariry ar SEPA for advice an what information may Ge required.

Ds you think your proposal may increase the Носа risk elsewhere? * L YES Мо [| Поп t Know

Trees

Are there any trees on ar adjacent to the application site? 7 [| YES Мо

If es. please mark an your drawings апу trees. known protected trees and their canopy spread clase ta the proposal site and indicate if any are be cut Back or felled.

All Types of Non Housing Development Proposed New Floorspace

Dots your praposal alter arcreate non-residential floorspace? " [| YES Мо

Schedule 3 Development

Does the proposal invoke a fom of development listed in Schedule 3 of the Town and Country YES [| Мо [| Поп t Know Planning (Development Management Procedure | Scotland) Regulatians 20713"

I yes. your Proposal will additianally have to Be advertised in a newspaper circulating in the area af the development. Your planning Authority willdo this en your behalf but will charge you а foe. Please check the planning authority s website far advize an the additional fee and add this te your planning fec.

lf You arme unsure Whether your proposal invalves а farm of development listed in Schedule 3. please check the Help Text and Guidanee nates before contacting your planning authority.

Planning Service Employee/Elected Member Interest

Is the applicant. ar the applicant's spouse partner. cithera member of staff within the planning service oran [| YES Мо elected member of the planning authanty? *

Certificates and Notices

CERTIFICATE AND NOTICE UNDER REGULATION 15-TOWN AND COUNTRY PLANNING [DEVELOPMENT MANAGEMENT PROCEDURE! (SCOTLAND) REGULATION 2013

One Cerificate must Be completed and submitted along with the application form. This is most usually Certificate А. Farm 1. Cerificate B. Certificate C ar Certificate E.

Are wouthe applicant the sole ewner of ALL the land? * [| YES Мо

Is any of the land part of an agricultural hakling? " YES [| Na

Do you have am, agricultural tenants? " [| YES Мо Are wou able to identi and give appropriate notice to ALL the other owners? * YES [| Na

Certificate Required

The folowing Land Caynership Certificate is required to complete this section of the proposal:

Certificate B

Page s of a

Land Ownership Certificate

Cerificate and Notice under Regulatian 15 of the Town and Country Planning (Development Management Prezedurei Scotland] Regulations 201 3

| here by certify that

[11 - Ме person atherthan myselt/the applicant wasan ewner [Note 4] of any part of the land to which the application relates at the Beginning of the period of 21 days ending with the date of the accompanying application:

aor

i11 -| have The Applicant has sewed notie on ever person atherthan пу applicant who. at the Beginning of the period of 21 days ending with the date of the accompanying application was owner [Note 4] of апу part of the land to which the application relates.

Name: Mr Alan H&garth

Address: баз Farm. Sorbie Road. Ardrossan. KAZ2Z T NP

Date of беге of Notice: " 1961172015

[Z1 - None of the land ta which the application relates constitutes ar famis part of an agricultural halding: or [Z1 - The land or part of the land ta which the application relates constitutes arfams part of an agricultural holding and | havwethe

applicant has sereed notice on even person other than пт іп чп. at the Beginning af the period of Z1 days ending with the date af the accompanying application was an agricultural tenant. These persons are:

Address:

Date of беге of Notice: " ИШИ

Signed: Mr Michael Briggs

On behalf af:

Date: 18 1/2018

Please tick hem to certify this Certificate. "

Page & of a

Checklist Application for Planning Permission

Town and Cauntry Planning [Scotland] Act 19897 The Town and Country Planning [Development Management Procedure! (Scotland) Regulations 2013

Please take a few moments ta complete the following checklist in order ta ensure that You have provided all the necessa гу information in support of your application. Failure to submit suffizient information with your application may result in Your application being deenved invalid. The planning authority will not start processing Your application until it is valid.

al If this is a further application where there is a ча пап of conditions attached to а previous consent. have vou provided a statement ta that effect? *

YES [| Мо [| Not applicable to this application

bi lf this is an application far planning permission or planning permission in principal where there is a crown interest in the land. have vol provided a statement that effect? *

[| YES [| Мо Not applicable to this application

elf this is an application far planning permission. planning permission in principle ar a further application and the application is far development belonging to the categories of national or major development (other than one under Section 42 of the planning Act. have vol provided a Pre-Application Cansulation [e port? *

[ ] Yes [| No Not applicable to this application

Town and Cauntry Planning [Scotland] Act 19897 The Town and Country Planning [Development Management Procedure! (Scotland) Regulations 2013

di lf this is an application far planning permission and the application relates to developnent belonging ta the categories of national ar major developments and you do not Benefit from exemption under Regulation 13 of The Town and Country Planning (Develpnvent Management Procedu rel [апа Regu lations 2073. have you provided a Design and Access Statenvent? "

L YES [| Мо Not applicable to this application

ci If this is an application far planning permission and relates ta development belonjing to the category of ical developnents [subject to mulation 13. (Z1 and [31 of the Development Management Proeedurm [Scothind | Regulations 131 have you provided a Design Statene nt? *

[| YES [| Мо Not applicable to this application

fl lf your application relates to installation of an antenna ta Be employed in an electronic easmmunieation network. hawe you provided an ICNP Declaration? *

[| YES [| Мо Not applicable to this application

gilfthis is an application far panning permission. planning permission in princip. an application for approval of matters specified in conditions oran application for mineral development. have you provided any other plans ar drawings as necessary: Site Layout Plan or Black plan.

Eleva tians.

Е Бег plans.

Crass sections.

Roof plan.

Master Plan/Framework Plan.

Landscape plan.

Photographs andor photomentaqes.

Caner.

O d Bd O OO L

If Other please spezity: [Мах Eoo charactersi

Page 7 of a

Provide copies of the following documents if applizable:

А copy of an Environmental Statement. " [| YES MA А Design Statement or Design and Access Statement. 7 [| YES MA А Fx Risk Assessment. 7 L] Tes Maa, А, Drainage Impact Assessment [including proposals for Sustainable Drainage Systems. " L YES MA Drainage S 005 layout. " [| YES MA А Transport Assessment or Travel Plan [| YES MA Contaminated Land Assessment. 7 L] Tes Maa, Habitat Survey. " LI ves [EX] wis А Processing Agreement. * L YES MA

Other Statements [please specihi. (Max SOO characters |

Declare For Application to Planning Authority

|. the applicantagent certify that this is an application ta the planning authority as described in this farm. The accompanying Plans-drawings and additional infamnation are provided as a part of this application.

Declaration Mame: MrMizhael Briggs

Declaration Date: 1911/20153

Page я of a

Sorbie Wind Fam

Section 42 Application to Vary Tip Height from 104.3M to 125M

Planning Statement

November 2019

Energiekontor UK Lid

+44 (0) 113 204 4850 Mic hael.Bnggs@energiekontor.co.uk

Sorbie Wind Farm Planning Statement

CONTENTS

EXEC UTIVE SUMMARY l 1 INTRODUCTION 2 ВСКОРЕ Ао ол: 2 NV NSS PTO ei^ енне. 2 The Site, Proposed Development and Сопїехё...........................................«««.. 3 Grego c ——————— ——— ————— ———— —À 4 Structure of this Planning Statement...............sssessesssseseseeeeeeenne nennen nnne nnn nnn nnne ann nnn nna nnns 8 2 POLICY CONTEXT 9 AUO э ferae MPO m 9 Вс с 51651144515 Г Г О E a aE 9 National Policy and Guidance ..........................................««««. ааа 12 The Renewable Energy Legislative and Policy Сопіех...................................................... 14 3 PLANNING APPRAISAL 19 Doesthe Proposed Development accord with the statutory Development Plan? .......... 19 Do material considerations outweigh the provisions of the statutory Development ЕЕС 28 SUM ly and Cone IHSoFS „о аля 30 APPENDIC ES 32 APPENDIX A: ENERGIEKONTOR CONTRAC TOR PROC UREMENT POLIC Y l APPENDIX B: WIND TURBINE MANUFAC TURER C ORRESPO NDENC E 2

Energiekontor UK Ltd | November 2019

Sorbie Wind Farm = Planning Statement ГО е О П

EXECUTIVE SUMMARY

This Planning Statement has been prepared to support a planning application by Energiekontor UK Ltd ("the Applicant’) to vary the consented Sorbie Wind Fam by increasing the tip heights of the wind turbines from 104.3m to 125m, amending the intemal track layout, identifying and area forbattery storage, providing additional new woodland planting and deleting the 65m high permanent met mast (“the Proposed Development") at Sorbie Farm, Ardrossan (“the Site”).

Sorbie Wind Farm was previously approved by the Local Review Body (LRB) in 2014 due to non-determination, a decision that was subsequently ratified by Scottish Ministers in November 2015. The wind farm hasnot been constructed asit isno longer viable.

Since Sorbie was designed in 2013 there have been a number of significant changes to the onshore wind market, not least due to the complete removal of public subsidies in the UK. As a result, only one project has been delivered with no public subsidy in the UK (an Energiekontor project in the East Riding of Yorkshire), and despite the abundance of permissions for large schemes in Scotland, nothing has been delivered subsid y-free in the country to date.

Due to the site-specific conditions at Sorbie we will be able to deliver Sorbie asa subsidy- free project if we are able to use 125m modem turbines. These would generate an additional 87960f renewable energy compared to the original turbines (which incidentally are no longeravailable on the market) despite being just 19.89etaller. Sorbie could be the first sub sid y-free wind farm in Scotland, providing a positive response from the wind industry to North Ayrshire Council's climate emergency declaration.

The scale of the threat we face through climate change is widely acknowledged by govemments across the world. The Scottish Govemment has recently taken the decision to declare a climate emergency, citing the need for the world to act now and deliver transformative change. Everyone has a role to play in this global climate emergency, including businesses and local authorities. Extremely challenging targets have been set for decarbonising the economy: net zero emissions for Scotland by 2045, the mos stringent target anywhere the world. A significant step change in delivery of renewablesis required to meet these targets.

When the landscape and visual effects that the Proposed Development would give rise to, overand above those of the consented 104.3m turbines, are considered it is clearthat the Proposed Development is in accordance with the Development Plan and that planning permission should be granted.

Energiekontor UK Ltd | November 2019

Sorbie Wind Farm - Planning Statement ГО е О П

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INTRODUC TION

Background

This Planning Statement has been prepared to support a planning application by Energiekontor UK Ltd (“the Applicant") to vary the existing

This Planning Statement sets out the background and context to the Proposed Development before discussing the planning policy context that is relevant to the proposal.

This planning application followsa previous refusal at the Site foran application to vary the turbine tip heights to 125m (reference 19/00306/PP). This application was refused by the Council in 2019 forthe following reason:

"The proposal would be contrary to the provisionsof Local Development Plan Policy PI 9 criterion (a) and (d) and the General Policy of the adopted North Ayrshire Council Local Development Plan in the following ways: It is considered that the degree of change from 104.3m blade tip to 125m blade tip would be substantial and adverse in terms of landscape and visual impacts, especially given the locational context of the site within 2km to the north of the settlement of Ardrossan and in close proximity to the North Ayrshire Lowlands Landscape Character Type, being a landscape of smaller sc ale. Such a substantial increase in scale would contrast markedly with the turbine design approved in the previous consents, would overwhelm those parts of the North Ayrshire Lowlands Landscape Character Type close to the site and would have