Report No 276/04

ANGUS COUNCIL INFRASTRUCTURE SERVICES COMMITTEE 4 MARCH 2004

SUBJECT: CAIRNGORMS NATIONAL PARK AUTHORITY

RENEWABLE ENERGY POLICY

REPORT BY DIRECTOR OF PLANNING AND TRANSPORT Abstract: This report provides the suggested response of the Council to a consultation paper issued by the Cairngorms National Park Authority on interim planning policy for Renewable Energy within the Park area. 1 RECOMMENDATION

It is recommended that the Committee:- (i) notes the terms of the proposed interim planning policy on renewable energy

issued by the Cairngorms National Park Authority for consultation;

(ii) agrees this report as the basis of Angus Council’s response to the Cairngorms National Park Authority, including policy issues arising in areas adjacent to the Park boundary in Angus; and

(iii) agrees that responses to future consultation on other interim planning policies

proposed by the Cairngorms National Park Authority be delegated to the Director of Planning & Transport.

2 BACKGROUND

2.1 Since its establishment in March 2003, the Cairngorms National Park Authority (CNPA) has commissioned various research and undertaken work on existing policies in the approved Structure Plans and adopted Local Plans of the four constituent authorities within the Park area. Part of this work has been to identify specific areas of planning policy which the CNPA consider would benefit from an early review to take account of particular circumstances or pressures applying within the Park area. In advance of the preparation of a full Local Plan(s) for the Park area, CNPA intend to address various matters via the production of a series of Interim Planning Policies.

2.2 CNPA has now issued a consultation draft of the first of these interim policies entitled “Interim Planning Policy No. 1 : Renewable Energy”. Comments on this Consultation Draft have been invited by 1 March 2004. In order to meet this timescale a copy of this report has been forwarded to CNPA as the draft response of Angus Council subject to confirmation following consideration and agreement by this Committee.

3 CONSULTATION PAPER

3.1 A copy of the full CNPA consultation paper on Interim Planning Policy for Renewable Energy has been placed in the Members’ Lounge. An extract detailing the suggested policies is attached as Appendix 1 to this report.

3.2 The interim policies proposed by the CNPA have been developed in response to a significant number of major renewable energy projects being proposed in and around

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the Cairngorms National Park in the period since the Park Authority become fully operational on 1 September 2003. In summary the suggested policies within the Park area are based on a presumption against large-scale wind energy and hydro-electric schemes within the National Park while making provision for various types of small-scale renewable energy developments subject to relevant criteria being met.

4 DISCUSSION

4.1 The general approach proposed by the CNPA appears appropriate given the circumstances applying within the Park, particularly the conservation of a nationally designated landscape, together with the opportunity to accommodate large scale renewable energy schemes more appropriately elsewhere in Scotland on sites in less sensitive areas.

4.2 It is also worth noting that, under the terms of the Development Control Protocol (agreed among the CNPA and four Local Authorities including Angus Council), renewable energy schemes are among the types of development likely to be called-in for determination by the CNPA in exercise of their development control powers. In practice this means that renewable energy schemes within that part of the Cairngorms National Park in northern Angus will be determined by CNPA having regard to the Interim Policies outlined in this report.

4.3 In addition to proposed policies applying within the Park area, the CNPA consultation paper also includes a recommendation on wind farm developments outwith the Park. The purpose of this recommendation is to seek to ensure that wind farm proposals beyond the boundary of the Park are assessed for their visual impact on the landscape and setting of the Park and their natural heritage impacts. This recognises that landscape and natural heritage issues transcend the boundary of the Park.

4.4 Angus Council’s current policies on renewable energy are set out in the approved Dundee and Angus Structure Plan and adopted Angus Local Plan. Unlike the Cairngorms National Park Area, Angus contains a wider variety of landscape types. In these circumstances a general presumption against various forms of renewable energy development, including wind farms, is not appropriate throughout Angus. Rather, the Council’s present policies are based on supporting the principle of developing sources of renewable energy in appropriate locations. An extract from the adopted Angus Local Plan covering renewable energy is attached as Appendix 2 to this report.

4.5 The approaches adopted by Angus Council and the Cairngorms National Park Authority reflect and respond to the different circumstances applying in the respective areas. A key issue therefore concerns how these approaches relate to one another in the area of northern Angus which straddles the National Park boundary. In practice it is considered that the respective approaches are compatible in this area. For example the adopted Angus Local Plan already indicates that locations associated with highland summits and plateaux, and along the Highland boundary fault line are unlikely to be suitable, primarily because of the sensitivity of the landscape to absorb wind farm development. The current approach in the adopted Angus Local Plan is also being further refined as part of preparing the Finalised Local Plan Review which will exclude the Cairngorms National Park Area but continue to enable compatibility matters to be addressed in this particular part of northern Angus.

5 FUTURE INTERIM PLANNING POLICIES

3 Report No 276/04 5.1 As indicated in paragraph 2.1, CNPA will be preparing a series of Interim Planning

Policies. It is understood that consultation draft papers on Telecommunications and on Hill Tracks may be issued shortly. In order to facilitate timeous responses to future consultation papers it is suggested that authority be delegated to the Director of Planning & Transport to provide comments direct to CNPA. In cases where major strategic planning and land use issues of direct significance to Angus were raised this would be reported for consideration by the Infrastructure Services Committee.

6 FINANCIAL IMPLICATIONS

6.1 There are no financial implications arising directly from this report.

7 HUMAN RIGHTS IMPLICATIONS

7.1 There are no human rights issues arising from this report.

8 CONSULTATION

8.1 The Chief Executive, Director of Finance and Director of Law & Administration have been consulted in the preparation of this report.

9 CONCLUSION

9.1 The draft Interim Policy Guidance issued for consultation by the Cairngorms National park Authority adopts a Park-wide approach and is based on a presumption against large scale renewable energy schemes (particularly wind farms and hydro-electric) while providing for smaller developments in appropriate circumstances. The proposed approach by the CNPA appears appropriate for the particular landscape and natural heritage issues arising within the National Park.

9.2 Angus Council’s policies on renewable energy have regard to the more varied landscape and natural heritage characteristics outwith the National Park area. There is, however, general compatibility between the Council’s policies and the proposed CNPA policies in the area of northern Angus straddling the National Park boundary.

NOTE No background papers, as defined by Section 50D of the Local Government (Scotland) Act 1973, (other than any containing confidential or exempt information) were relied on to any material extent in preparing the above Report. AA/CGR/KW 23 February 2004 Alex Anderson Director of Planning and Transport

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APPENDIX 1

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APPENDIX 2

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