Kirk Hill Windfarm, Wallacetown, North West To Hallowshean Cottage, Maybole, KA26 9SR
Erection Of A Wind Farm Consisting Of 8 Turbines, Associated Infrastructure And Formation Of Access Track
Case Update – 14/10/2020** The decision on this case has been issued. The case has been partly allowed.
Overall conclusions
50. I conclude that the proposed increase in the maximum height of the turbines from 110 to 115.5 metres would not result in a significant change to the substance or character of the development for which planning permission has already been granted. In these circumstances, I consider that the application submitted under section 42 to amend condition 5 of the existing permission was valid. 51. I consider that the submitted environmental information assesses all the potential impacts of the development which are likely to have a significant environmental effect. I am satisfied that my reasoned conclusions on these effects are up to date. On the basis of those conclusions, I find that the proposed increase in turbine height would not have any unacceptable environmental impacts compared to the development that has previously been approved; and that, consequently, it would comply with the development plan. I have considered all the other matters raised, but there are none which would lead me to alter my conclusions.
The Reporter concluded that “Finney” does not apply.
The council has pointed out that the original planning application for the wind farm submitted in 2014 described the development as the “construction of a wind farm consisting of 8 turbines (up to 110m to tip)…..”. However, in allowing the appeal against the council’s refusal of permission, the reporter granted permission for the development as described in paragraph 13 above. Whether or not he intended that the description of the development be left open to allow for section 42 applications to increase the maximum turbine height is, in my view, irrelevant. The only restriction on such height is in condition 5 and I can see no logical reason why, in principle, an application cannot be made to amend that condition to increase the maximum height of the turbines, provided that any such change would not alter the substance or character of the development…….I do not believe that the Finney decision prevents the consideration of the proposed increase in turbine height by way of a section 42 application.
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