North Ayrshire Council

Comhairle Siorrachd Air a Tuath

Local Review Body

A Special Meeting of the Local Review Body of North Ayrshire Council will be held remotely on Tuesday, 24 November 2020 at 12:15 to consider the undernoted business.

Arrangements in Terms of COVID-19

In light of the current COVID-19 pandemic, this meeting will be held remotely in accordance with the provisions of the Local Government (Scotland) Act 2003. Where possible, the meeting will be live-streamed and available to view at https://north-ayrshire.public- i.tv/core/portal/nome. In the event that live-streaming is not possible, a recording of the meeting will instead be available to view at this location.

1 Declarations of Interest Members are requested to give notice of any declarations of interest in respect of items of business on the Agenda.

2 Determination: Notice of Review: 19/00882/PP - Sorbie Farm, Ardrossan, Ayrshire KA22 7NP Submit report by the Head of Service (Democratic Services) on a Notice of Review submitted by the applicant in respect of a planning application refused by officers under delegated powers (copy enclosed).

3 Urgent Items Any other items which the Chair considers to be urgent.

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE

Webcasting - Virtual Meeting

Please note: this meeting may be recorded/live-streamed to the Council's internet site, where it will be capable of repeated viewing. At the start of the meeting, the Provost/Chair will confirm if all or part of the meeting is being recorded/live-streamed.

You should be aware that the Council is a Data Controller under the Data Protection Act 2018. Data collected during the webcast will be retained in accordance with the Council’s published policy, including, but not limited to, for the purpose of keeping historical records and making those records available via the Council’s internet site.

If you are participating in this meeting by invitation, you are consenting to being filmed and consenting to the use and storage of those images and sound recordings and any information pertaining to you contained in the them live-streaming/recording or training purposes and for the purpose of keeping historical records and making those records available to the public. If you do not wish to participate in a recording, you should leave the 'virtual meeting’. This will constitute your revocation of consent.

If you have any queries regarding this, please contact dataprotectionofficer@north-ayrshire.gov.uk.

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE

Local Review Body Sederunt

Tom Marshall (Chair) Chair: Timothy Billings (Vice-Chair) Robert Barr

lan Clarkson

Robert Foster

Christina Larsen Apologies: Shaun Macaulay Ellen McMaster Ronnie McNicol Donald Reid

Attending:

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE

Agenda Item 2

NORTH AYRSHIRE COUNCIL

24 November 2020

Local Review Body

Title: Determination Meeting: Notice of Review: 19/00882/PP

Sorbie Farm, Ardrossan, Ayrshire KA22 7NP

Purpose: To submit, for consideration of the Local Review Body, a Notice

of Review by the applicant in respect of a planning application refused by officers under delegated powers.

Recommendation: That the Local Review Body considers the Notice of Review.

2.1

2.2

2.3

2.4

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 Hearing on 24 November 2020, the Local Review Body will consider the application for review and hear on the following specified matters from the applicant, officers of the Council's Planning Service, interested parties and 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

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

2.5 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 - Further Written Submission.

3. Proposals

3.1 The Local Review Body is invited to consider the Notice of Review.

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

4.7 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 was invited to submit further written submissions on noise assessments and 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 | Nee Pale a Address Address Postcode Postcode Contact Telephone 1 Contact Telephone 1 Contact Telephone 2 Contact Telephone 2 Fax No Fax No E-mai* | Sl ES ae

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? X E Planning authority North Ayrshire Council

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

Site address Sorbie Farm, Ardrossan, KA22 7NP

Description of proposed Section 42 application to vary condition 2 of planning permission development 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

1. Application for planning permission (including householder application) C] 2. Application for planning permission in principle C] 3. Further application (including development that has not 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 C]

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

OO X

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 pes 2. One or more hearing sessions X 3. Site inspection X 4 Assessment of review documents only, with no further procedure X

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 No 1. Can the site be viewed entirely from public land? CL) B 2 Is it possible for the site to be accessed safely, and without barriers to entry? X E

lf 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

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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? bel Xx

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.

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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 (19/11/19)

- 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:

X Full completion of all parts of this form X Statement of your reasons for requiring a review

À 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 E | Date |

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Eef€rgicKontow

Energiekontor 4330 Park Approach Thorpe Park Leeds LS15 8GB Energ iekontor 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

- Figure 1.2 Turbine Elevation

- Figure 1.3 Site Layout

- 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.

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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

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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.”

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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.

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Energiekontor UK

17

North Ayrshire Council

Vamibality sionachd Ata TUA

Cunninghame House Friars Croft Irvine KA12 BEE Tel: 01294 324 319 Fax; 01294 324 372 Email: eplanning@north-ayrshire.gov. uk Applications cannot be validated until all the necessary documentation has been submitted and the required fea has been paid. Thank you for completing this application form:

ONLINE REFERENCE 100204248-001

The online reference is the unique reference for your online form only. The Ptanning 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: ~

0O Application for planning permission (including changes of use and surface mineral working): O Application for planning permission in principle.

Ea] Further application, (including renewal of planning permission, modification, variation or removal of a planning condition etc) Oj Application for Approval of Matters specified in conditions.

Plaaee give the application reference no. of the previous application and date When permission was oranted,

Application Reference No: ~ 48/01061/PP

Date (dd/mmi/yyyy): * 19/01/2019

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 (Scotland) Act 1997 to Vary Condition 2 of Planning Permission 18/01061/PP

\s this a temporary permission? * LI Yes No

Ifa change of use is to be included in the proposal has it already taken place? Cl yes Bd Ne (Answer 'No' if there is no change of use.) *

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

LI No E] ves- Started L] Yes- completed

Page 1 of 8

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Please state date of completion. or if not completed. the start date (dd/mnvwyyyyl: 0111/2018

Please explain why work has taken place in advance of making this application: " (Max 500 charactersi

Works have Been undertaken to implement the planning permission

Applicant or Agent Details

Are you an applicant or an agent? * (An agent is an architect. consultant or sonwone else acting on behalf of the applicant in connection with this applicationi Applicant agent

Applicant Details

Please enter Applicant details

Title: Mr You nust enter a Buikking Name or Number. or both:

First Name: Building Number.

Address 1 Last Na me: (Street: 7

Company/Orga nisation Address 2:

Telephone Number. * Towns ity:

Extension Number: Country: 7

Mobile Number: Postcode:

Fax Number.

Email Address:

Page 2 of 8

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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 3: Address 4: Address 5: TowniC i Settlement: ARDROSSAN KA227NP

Post Code:

Please identifdescribe the location of the site or sites

Pre-Application Discussion

Have you discussed your proposal with the planning authority? Yes O No

Pre-Application Discussion Details Cont.

In what format was the feedback given? x] Meeting O Telephone O Letter O Enwil Please provide a description of the feedback you were given and the name of the officer who provided this feedback. If a processing

agreement [note 1] is currently in place or if you are currently discussing a processing agreement with the planning authority. please provide details of this. (This will help the authority to deal with this application more efficiently.) imax 500 characters)

Discussion around requirements for a further application

Title: M Other tithe:

First Name: Anthony Last Name: Hu me

Correspondence Reference Date (dd/mnvyyyy i ae Number: 25102018

Note 1. A Processing agreement involves setting out the key stages involved in determining a planning application. identitying what information is required and from whom and setting timescales for the delivery of various stages of the process.

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Site Area

Please state the site area: 218.74

Please state the mea surement type used: Hectares (hai O Square Metres (sq.m

Existing Use Please describe the cu ment or most recent use: (Max 500 characters

Sorbie dairy farm

Access and Parking

AR you proposing a new altered vehicle access to or froma public road?” O Yes K No

If Yes please describe and show on yourdrawings the position of any existing. Altered or new access points. highlighting the changes You propose to make. You should also show existing footpaths and note if there will be any impact on these.

Are pou proposing any change to public paths. public rights of way or affecting any public night of access? O Yes No

If Yes please show on your drawings the position of any affected areas highlighting the changes you propose to make. including arrangements for continuing or alternative public acoess.

How many vehi parking spaces [garaging and open parking! curently exist on the application fo Site?

How many vehicle parking spaces (garaging and open parking! do you propose on the site (ic. the

Total of existing and any new spaces or a reduced number of spacesi?

Please show on yourdrawings the position of existing and proposed parking spaces and identity if these are for the use of particular Types of vehicles (e.g. parking fordisabled people. coaches. HGY vehicles. cycles spaces.

Water Supply and Drainage Arrangements

Will your proposal require new or altered water supply or drainage amangements? O Yes No

Do your proposals make provision for sustainable drainage of surface water?? 7 O Yes No (e.g. SUDS a mangementsi

Note:- Please include details of SUDS arrangements on your plans

Selecting No‘ to the above question means that you could be in breach of Environmental legislation.

Are you proposing to connect to the public water supply network?

O Yes

H No. using 4 private water supply Xx] No connection required

If No. using a private water supply. please show on plans the supply and all works needed to provide it [on or off sitei.

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Assessment of Flood Risk

Is the site within an area of known risk of flooding? O Yes No O Don t Know

lf the site is within an area of known risk of flooding you may need to submit a Flood Risk Assessment before your application can be determined. You may wish to contact your Planning Authonty or SEPA for advice on what information may be required.

Do you think your proposal may increase the flood risk elsewhere? O Yes No O Don t Know

Trees

Are there any trees on or adjacent to the application site? E Yes No

If Yes. please mark on your drawings any trees. known protected trees and their canopy spread close to the proposal site and indicate if any are to be cut back or felled.

All Types of Non Housing Development Proposed New Floorspace

Does your proposal alterorcreate non-residential floorspace? O Yes No

Schedule 3 Development

Does the proposal involve a fom of development listed in Schedule 3 of the Town and Country Yes O No O Don t Know Planning (Development Management Procedure (Scotland) Regulations 2013"

If yes. pour proposal will additionally have to be advertised in a newspaper circulating in the area of the development. Your planning authority willdo this on your behalf but will charge pou a fee. Please check the planning authority's website for advice on the additional fee and add this to pour planning fee.

If you are unsure whether your proposal involves a form of development listed in Schedule 3. please check the Help Text and Guidance notes before contacting your planning authority.

Planning Service Employee/Elected Member Interest

Is the applicant. or the applicant's spousepanner. cithera member of staff within the planning service oran c] Yes No elected member of the pla nning authority?

Certificates and Notices

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

One Certificate must be completed and submitted along with the application form. This is most usually Certificate A. Form 1. Certificate B. Certificate C or Cerificate E.

Are you/the applicant the sole owner of ALL the land?” O Yes No

Is any of the land part of an agricultural hokling? 7 Yes O No

Do you have any agricultural tenants? E Yes No

Ar you able to kentii and give appropriate notice to ALL the other owners? 7 Yes O No

Certificate Required The following Land Ownership Certificate is required to complete this section of the proposal:

Certificate B

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Land Ownership Certificate

Cerificate and Notice under Regu lation 15 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013

| hereby certify that

(11 - No person otherthan myselithe applicant was an owner [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:

o-

(11 - | have The Applicant has served notie on every person otherthan myselithe applicant who. at the beginning of the period of 21 days ending with the date of the accompanying application was owner [Note 4] of any part of the land to which the application relates.

Name: Mr Alan Hogarth

Address: Sorbie Farm. Sorbie Road. Ardrossan. KA22 7NP

Date of Service of Notice: 1811/2018

(21 - None of the land to which the application relates constitutes or forms part of an agricultural holding: or - (21 - The land or part of the land to which the application relates constitutes orfomis part of an agricultural holding and | have,the

applicant has served notie on every person other than mysclffhimself who. at the beginning of the period of 21 days ending with the date of the accompanying application was an agricultural tenant. These persons are:

Address:

Date of Service of Notice: 7 Cd

Signed: MrMichael Briggs

On behalf of:

Date: 18/11/2018

Please tick here to certify this Certificate.

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Checklist Application for Planning Permission Town and Country Planning (Scotland) Act 1987 The Town and Country Planning (Development Management Procedure! (Scotland) Regulations 2013

Please take a few moments to complete the folowing checklist in order to ensure that you have provided all the necessary information in Support of your application. Failure to submit sufficient information with your application may result in your application being deemed invalid. The planning authority will not start processing pour application until it is valid.

ai If this is a further application where there is a variation of conditions attached to a previous consent. have you provided a statement to that effect? °

x] Yes O No O Not applicable to this application

bi If this is an application for planning permission or planning permission in principal where there is a crown interest in the land. have you provided a statement to that effect? 7

O Yes O No x] Not applicable to this a pplication

ci If this is an application for planning pemission. planning permission in principle or a further application and the application is for

development belonging to the categories of national or major development (other than one under Section 42 of the planning Acti. have you provided a Pre-Application Consulation Report?

O Yes O No Not applicable to this application

Town and Country Planning (Scotland) Act 1987

The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013

di If this is an application for planning permission and the application relates to development belonging to the categories of national or majpr developments and you do not benefit from exemption under Regulation 13 of The Town and Country Planning (Develbpnrent Management Procedure (Scotland) Regu lations 2013. have you provided a Design and Access Statement?”

O Yes O No Not applicable to this application

ci lf this is an application for planning permission and relates to development belonging to the category of beal developments [su bject to megulation 13. (2) and (3) of the Development Manage ment Procedure (Scotland) Regulations 2013) have you provided a Design Statement?

C ves LI No E] Not applicable to this application

fi If your application relates to installation of an antenna to be employed in an electronic communication network. have you provided an ICNIRP Declaration?

O Yes O No Not applicable to this application

qi lf this is an application for planning permission. planning permission in principle. an application for approval of matters specified in conditions oran application for mineraldevelopment. have you provided any other plans or drawings as necessary: Site Layout Plan or Block plan.

Elevations.

Fkoor plans.

Cross sections.

Roof plan.

Master Plan/Franework Plan.

Landscape plan.

Photographs and/or photomontages.

Other.

OWXOOOUOW K

If Other. please specify: (Max 500 characters

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Provide copies of the following docu ments if applicable:

A, copy of an Environmental Statement.

A Design Statement or Design and Access Statement.

A, Flood Risk Assessment.

A Drainage Impact Assessment (including proposals for Sustainable Drainage Systemsi. Drainage’SUDS layout.

A Transport Assessment or Travel Plan

Contaminated Land Assessment.

Habitat Survey.

A Processing Agreement.

Other Statements (please specify. (Max 500 charactersi

Declare For Application to Planning Authority

l. the applicant'agent certify that this is an application to the planning authonty as described in this form. The accompanying Plans/drawings and additional infomation are provided as a part of this application.

Declaration Name: MrMichael Briggs

Declaration Date: 18/11/2018

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EFi Konto

Sorbie Wind Fam

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

November 2019

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Energiekontor UK Lid

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

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Sorbie Wind Farm = Planning Statement rg ie n

CONTENTS

EXEC UNIVE SUMMARY

1 INTRODUCTION Bac kground s.s an naaa a A A a A wicca sx A nadia en aed aE TENG Applieantornsinana aa aa a aAa aaa ASAE The Site, Proposed Development and COntext ........ceecceceeeeeeeeeeeeeeeeeaeseaeeeaeeeeseeeeeeeeteneeeaes CONEX miinan ineine aia iia eniai a aiaeei sane aada ia aiaa a e aa rare aiaa aaie Struc ture of this Planning State Ment..........ceccceecese cess cece cece eeeeeeeeeeeeeeeeeseaeeeaeesaeesaaesaeenaeseaeenaeesas

2 POLICY CONTEXT Intro AUC HO Maenner rece renee rrp errr errr srt aaa E aaa aa ANa Eaa aa er prem reper reer eters DEVElOPMENE PLAIN cisini uean aas aa aa A aaa aa ae aaa anaa EEA National Policy and Guidance ooo. cee cee ceeeeeeeeteeeeeeeeeeeeeeeeeaeesacecaaeeaaeseaeseaeseaeseaeseeseeeeeeeeeeaes The Renewable Energy Legislative and Policy COMtOXt....... eee cece eeeeceee eee eeeeeeeeeeeeteeeteeeeeees

3 PLANNING APPRAISAL Does the Proposed Development accord with the statutory Development Plan?.......... Do material considerations outweigh the provisions of the statutory Development IGN? aeaa a a a a A a a A A a a Summairy and COnclüjoNS.. siiri aa E aaia iaa ia a ia eee

APPENDICES

APPENDIX A: ENERGIEKONTOR CONTRACTOR PROC UREMENT POLICY

APPENDIX B: WAND TURBINE MANUFACTURER CORRESPONDENCE

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EXEC UTIVE SUMMARY

This Planning Statement has been prepared to support a planning application by Energiekontor UK Lid (“the Applicant”) to vary the consented Sorbie Wind Farm 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 Fam 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 has not 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. Asa 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 pemnissions for large schemes in Scotland, nothing has been delivered subsidy-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 87% of renewable energy compared to the orginal turbines (which incidentally are no longeravailable on the market) despite being just 19.8%taller. Sorbie could be the first sub sidy-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 word. The Scottish Govemment has recently taken the decision to declare a climate emergency, citing the need for the word 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 most stringent target anywhere the word. A significant step change in delivery of renewables is 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 isclearthat the Proposed Development is in accordance with the Development Plan and that planning permission should be granted.

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INTRODUCTION

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.