Scottish Government

THE ELECTRICITY WORKS (ENVIRONMENTAL IMPACT ASSESSMENT) (SCOTLAND) REGULATIONS 2000.

SCOPING OPINION FOR THE PROPOSED EXTENSION TO THE KILBRAUR WIND FARM

AT FARLARY, NEAR GOLSPIE, IN THE SCOTTISH HIGHLANDS

1. Introduction

Any proposal to construct or operate a power generation scheme with a capacity in excess of 50 megawatts requires Scottish Ministers' consent under section 36 of the Electricity Act 1989.

Schedule 9 of the Act places on the developer a duty to "have regard to the desirability of preserving the natural beauty of the countryside, of conserving flora, fauna and geological and physiological features of special interest and of protecting sites, buildings and objects of architectural, historic or archaeological interest". In addition, the developer is required to give consideration to Scottish Planning Policy 6 on Renewable Energy, other relevant Policy and National Policy Planning Guidance, Planning Advice Notes, the relevant planning authority's Development Plans and any relevant supplementary guidance.

Under the Electricity Works (Environmental Impact Assessment) (Scotland)(EIA) Regulations 2000, the Scottish Ministers are required to consider whether any proposal for a wind farm is likely to have a significant effect on the environment. In terms of these Regulations, we must consult the planning authority, Scottish Natural Heritage and the Scottish Environment Protection Agency and other relevant consultees.

2. Aim of this Scoping Opinion

Scottish Ministers are obliged under the EIA regulations to respond to requests from developers for a scoping opinion on outline design proposals.

The purpose of this document is to provide advice and guidance to developers which has been collated from expert consultees whom the Scottish Government has consulted. It should provide clear advice from consultees and enable developers to address the issues they have identified and address these in the EIA process and the Environmental Statement associated with the application for section 36 consent.

** Consultees are invited to insert definitive comments on the outline proposals complete with any cross references to the relevant information contained in the scoping report submitted by the developer.

3. Description of your development

From your submitted information it is understood, the proposed development is for an 8 turbine extension to the Kilbraur wind farm and supporting infrastructure.

The turbines, each with an individual capacity of up to 2.5MW, of a type still to be identified, will be of uniform modern design with a maximum height to blade tip of 125 metres.

The wind farm site, is located in an area of elevated moorland on the Sutherland Estate, approximately 7 km to the west of Golspie,

Scottish Ministers are of the view that the EIA process should inform the final site selection and design process. This Scoping Opinion should be used in conjunction with design considerations to provide a fully detailed and qualitative application, complete with a description of the site layout, construction, and operational processes.

4. Land Use Planning

Scottish Planning Policy SPP 6, Renewable Energy sets out the national planning policies for renewable energy developments. It outlines the process of encouraging, approving and implementing renewable energy proposals to ensure the delivery of renewable energy targets. The SPP identifies the issues that Scottish Ministers will take into account when considering applications for on-shore electricity generation schemes under Section 36 of the Electricity Act 1989 .

The whole series of SPPs (and those National Planning Policy Guidelines (NPPGs) which have yet to be replaced) should be taken as an integral policy suite and considered along with the supporting advice and information in Planning Advice Notes (PANs) and Circulars. Planning documents that a developer should particularly consider include:

· Planning Authority Development Plans, including The Highland Structure Plan (March 2001), the Golspie and Lairg Local Plan (July 1983), North West Sutherland Local Plan (May 1987), South and East Sutherland Local Plan (May 2000) and The Highland Renewable Energy Strategy (May 2006)

· Planning Authority Supplementary Planning Guidance

· National Planning Framework for Scotland

· SPP1: The Planning System

· SPP6. Renewable Energy

· SPP7: Planning and Flooding

· SPP15: Planning for Rural Development (2005)

· SPP17: Planning for Transport (2005)

· SPP 21: Green Belts

· NPPG5: Archaeology and Planning

· NPPG14: Natural Heritage

· NPPG18: Planning and Historic Environment

· PAN42: Archaeology-Planning Process and Scheduled Monument Procedures

· PAN45: 2002 Renewable Energy Technologies

· PAN 50: Controlling the Environmental Effects of Surface Mineral Workings

· PAN 51: Planning, Environmental Protection and Regulation

· PAN56: Planning and Noise

· PAN58: Environmental Impact Assessment

· PAN60: Planning for Natural Heritage

· PAN68: Design Statements

· PAN69: Planning and Building Standards Advice on Flooding

· PAN 75: Planning for Transport

· PAN 79: Water and Drainage

Consultee Comments:

DD Planning - Draft SPP23 is currently published for consultation and will replace NPPGs 5 and 18 in due course. The Deposit Draft of the Sutherland Local Plan should also be consulted for the planning authority's most up-to-date policy position.

5. Natural Heritage

Scottish Natural Heritage (SNH) has produced a service level statement (SLS) for renewable energy consultation. This statement provides information regarding the level of input that can be expected from SNH at various stages of the EIA process. Annex A of the SLS details a list of references, which should be fully considered as part of the EIA process. A copy of the SLS can be found on the renewable energy section of their website - www.snh.org.uk/strategy/renewable/sr-we00.asp.

6. General Issues

Aviation

The wake of recent consultation with the aviation organisations such as NATS, BAA, CAA, MOD etc, it is clear that large scale wind farm proposals can impact significantly on primary, secondary or weather radar stations and thus effect public safety. Developers are encouraged to engage with these organisations and airport operators at an early stage in the design process, to establish the potential impacts and agree acceptable technical solutions. Where actual or potential conflicts exist, it is important that a solution is identified and that the relevant consultee agrees to that solution being implemented in the anticipated timescale.

A link to relevant aviation guidance is available at the following website link, however it should be note that this guidance is being reviewed; http://www.berr.gov.uk/files/file17828.pdf

NATS En Route Plc ("NERL") is responsible for the safe and expeditious movement in the en-route phase of flight for aircraft operating in controlled airspace in the UK. To undertake this responsibility NERL has a comprehensive infrastructure of radars, communication systems and navigational aids throughout the UK, all of which could be compromised by the establishment of a wind farm. In this respect NERL is responsible for safeguarding this infrastructure to ensure its integrity to provide the required services to Air Traffic Control (ATC). In order to discharge this responsibility NERL assess the potential impact of every wind farm development in the UK which have applied for planning approval.

NERL offer services to assist in pre-planning for wind farm developments. Details of these services are available on http://www.bwea.com/aviation/nats.html or by contacting NERL directly on NATSSafeguarding@nats.co.uk or writing to

NERL Safeguarding - Mailbox 27

NATS - CTC

4000 Parkway

Solent Business Park

Whiteley

Hampshire

PO15 7FL

NATS are unable to evaluate the proposal until the ground to blade tip height and OS Grid Reference for each individual wind turbine (eastings and northings) is received.

The Wind Energy Team at Defence Estates is the focal point for all wind farm proposals in MOD. The team seeks to work with industry at the earliest stages of proposed development to minimise the impact on Defence, to ensure public safety is not compromised, and maximise the likelihood of planning success. Each pre-planning proposal is assessed on a case by case basis by up to 10 technical advisors. Some of the main concerns the MOD has are interference with Air Defence Radar and Air Traffic Control Radar, plus the creation of obstacles in Low Flying Areas, which negate the usefulness of the training undertaken there. Aviation safety lighting should also be considered through consultation with the aviation authorities and the relevant planning authority.

The pre-planning consultation form traditionally found at annex E of the Wind Energy and Aviation Interests - Interim Guidelines should be completed and e-mailed to Defence Estates at modwindsystems@de.mod.uk

Consultee comments:

CAA - The Civil Aviation Authority Directorate of Airspace Policy (DAP) is the civil aviation regulatory focal point for all wind farm proposals. DAP seeks to work with industry at the earliest stages of proposed development to establish potential civil aviation issues associated with any particular wind turbine proposal. The best means by which to initiate the aviation related consultation process is via the completion and submission of an associated aviation pre-planning proforma in line with the process described within the DTI/BERR guidance document 'Wind Energy and Aviation Interests - Interim Guidelines'. Generic CAA policy and guidance on wind turbines is set out within Civil Air Publication 764 available at http://www.caa.co.uk/docs/33/Cap764.pdf .

Without wishing to pre-empt any formal investigation initiated through submission of the pre-planning enquiry, DAP advises that, in respect of the Kilbraur Extension proposal and without compromising more future input, there are potential issues associated with:

· Potential aviation lighting requirement.
Potential need for portions of the turbines to be painted white.
A civil aviation charting requirement

Defence Estates - At this stage, it is not possible for the MOD to confirm its safeguarding position with respect to the proposal. However, if the applicant submits details confirming the dimensions and precise location of each turbine for this site, Defence Estates Safeguarding will complete a full technical appraisal prior to the submission of a planning application, and will identify MOD safeguarding issues.

Economic Benefit

The concept of economic benefit as a material consideration is explicitly confirmed in SPP 6. This fits with the priority of the Executive to grow the Scottish economy and, more particularly, with our published policy statement "Securing a Renewable Future: Scotland's Renewable Energy", and the subsequent reports from the Forum for Renewables Development Scotland (FREDS), all of which highlight the manufacturing potential of the renewables sector. The application should include relevant economic information connected with the project, including the potential number of jobs, and economic activity associated with the procurement, construction operation and decommissioning of the development.

Local Planning Agreements

There are two main tests in determining whether a consideration is material and relevant. These are:

· it should serve or be related to the purpose of planning - it should therefore relate to the development and use of land; and

· it should fairly and reasonably relate to the particular application.

Only those issues that meet the above tests can be taken into account when considering applications. Where relevant, developers should identify such issues in their application, including evidence to support compliance with these tests.

Consultee comments:

The Highland Council - See above existing planning consent conditions and agreements.

7. Contents of the Environmental Statement (ES)

We recommend the contents of the ES should be structured as follows below:

7.1 Format

Developers should be aware that the ES should also be submitted in a user-friendly PDF format which can be placed on the Scottish Executive website. A description of the methodology used in assessing all impacts should be included.

It is considered good practice to set out within the ES the qualifications and experience of all those involved in surveying or completing technical sections.

7.2 Non Technical Summary

This should be written in simple non-technical terms to describe the various options for the proposed development and the mitigation measures against the adverse environmental impacts which could result.

7.3 Site selection and alternatives

First, there is the general choice of site in the broader context, and the applicant should demonstrate that a fairly wide set of environmental and economic parameters have been looked at to narrow down choice of sites and how this choice takes account of the spatial framework set out in Annex A to SPP 6. Secondly, there should be a detailed examination on these parameters to minimise the impact of the proposal by sensitive design and layout.

Wind potential and access to the grid are key to initial sieve-mapping exercises for site selection, but environmental constraints other than landscape character should also be included in this initial site selection process. Avoidance of areas of deep peat, avoidance of unnecessary watercourse crossings, avoidance of wetlands, location of protected species, would be other examples of additional environmental constraint to be considered both from the outset and in the detailed design and layout.

Architecture+Design Scotland (A+DS) suggest that a planning and design strategy should first look at the proposed location and address whether this is a sensible location in relation to wind, access to the grid and to the character of the landscape.

7.4 Description of the Development

Your description of the proposed development in the Environmental Statement should comprise information on the site, design, and size of the development.

Where it is required to assess environmental effects of the development (see EIA regulation 4 (1)(b), the Environmental Statement should include;

(a) a description of the physical characteristics of the whole development and the land use requirements during the construction, operation, decommissioning and restoration phases;

(b) a description of the main characteristics of the production processes and nature and quality of the materials used; and

(c) an estimate by type and quantity of expected residues and emissions resulting from the operation of the proposed development.

7.5 Construction

Considered design details will be required for all aspects of site work that might have an impact upon the environment, containing further preventative action and mitigation to limit impacts.

You should be aware of useful guidance on, inter alia, minimising the impact from construction of the type of access roads used in wind farms. Such guidance can be found in "Forests and Water Guidelines" Fourth Edition (2003) which can be obtained from the Forestry Commission. www.forestry.gov.uk and "Control of water pollution from linear construction projects" (CIRIA C648, 2006) which can be obtained from CIRIA. However, given that tracks in some cases will be located on peat and will carry very heavy loads, evidence will be necessary of additional consideration of specific measures required in similar schemes elsewhere to deliver best practice. Additional guidance is also available in 'Constructed tracks in the Scottish Uplands' (2006) published by SNH and available at

http://www.snh.org.uk/pdfs/publications/heritagemanagement/constructedtracks.pdf

Consultee comments:

The Highland Council - The applicant needs to draw up the experience of working on this site under an earlier planning consent/built project - noting what has worked well and what has not worked so well.

7.6 Decommissioning

The subsequent application and supporting environmental statement should include a programme of work complete with outline plans and specifications for the decommissioning and reinstatement of the site. Information should be provided on the anticipated working life of the development and after use site reinstatement.

7.7 Grid Connection Details

The impacts of constructing, installing and operating the following infrastructure components should be considered and assessed by developers, if known;

· Substation.

· Cabling (Underground).

· Cabling (Overhead).

· Monitoring and control centre.

8. Baseline Assessment and Mitigation

This section should clearly set out a description of the environmental features of the proposed wind farm site, the likely impacts of the wind farm on these features, and the measures envisaged to prevent, mitigate and where possible remedy or offset any significant effects on the environment. It should incorporate details of the arrangements and the methodologies to be used in monitoring such potential impacts, including arrangements for parallel monitoring of control sites, timing and arrangements for reporting the monitoring results.

It should be noted that there is a danger that these measures could themselves have secondary or indirect impacts on the environment.

8.1 Air and Climate Emissions

The Environmental Statement should fully describe the likely significant effects of the development on the environment, including direct effects and any indirect, secondary, cumulative, short, medium and long term, permanent and temporary e.g. construction related impacts, positive and negative effects of the development which result from:

a) the existence of the development.

b) the use of natural resources.

c) the emission of pollutants, the creation of nuisances and the elimination of waste.

8.2 Carbon Emissions

To assist Scottish Ministers in making a determination on the application, developers are invited to produce a statement of expected carbon savings over the lifetime of the wind farm. The statement should include an assessment of the carbon emissions associated with track preparation, foundations, steel, and transport; any carbon losses from tree felling (and offsetting from tree planting); and any carbon losses from loss or degradation of peaty soils. Reference can be made in this respect to the SNH guidance on 'Wind farms and Carbon Saving' (SNH 2003 [1]).

It is also important to ensure that the carbon balance of renewable energy projects is not adversely affected by management of peat resource. There need to be measures in place to ensure that the development does not lead to significant drying or oxidation of peat through, for example, development of access tracks and other infrastructure, drainage channels, or "landscaping" of excavated peat. The basis for these measures should be set out within the ES, on which a detailed peat management scheme, required through planning condition, can subsequently be designed to ensure that the carbon balance benefits of the scheme are maximised.

Under each section below developers are asked to consider:· Aspects of the environment likely to be affected by the proposals. · Environmental impacts of the proposals.· Methods to offset adverse environmental effects.· Effects of the phases of the development; Construction, Operation, Decommissioning and Restoration.

8.3 Design, Landscape and the Built Environment

Architecture+Design Scotland (A+DS) places particular importance on the layout design of wind farms and considers there is a need for a coherent, structured and quality driven approach to wind farm development. The appearance of wind farms is of particular interest and the need for a coherent design strategy to be considered at scoping stage and to be prepared before submission of the Environmental Statement. The strategy should explain the design principles behind the layout plan in a rational way that can be easily understood. The design strategy for the wind farm should be expressed through a design statement. The Design Statement should describe a clear strategy for meeting these objectives, a justification for the resulting layout and evidence that the design ideas have been tested against the objectives.

Wind farms are prominent features in the landscape and hence a full assessment of the effects on landscape and visual amenity is important. The assessment methodology should follow the approach promoted by the Landscape Institute and Institute of Environmental Management and Assessment ('Guidelines for Landscape and Visual Impact Assessment', second edition, Spon 2002). General guidance on the range of issues to be considered in assessment of wind farms is set out, in the form of a scoping checklist, at Appendix 1 of 'Guidelines on the Environmental Impacts of Wind Farms and Small Scale Hydroelectric Schemes' (SNH 2001).

As regards the portrayal of visual and landscape impacts within Environmental Statements, guidance has also been developed, jointly by SNH and the Scottish Renewables Forum, on 'Visual Representation of Wind Farms - Good Practice Guidance' (SNH 2007).

The ES should include a description of the landscape character of the area and how that character will be affected by the impact on any landscapes designated for their landscape or scenic value, including National Parks, National Scenic Areas, or local landscape designations such as Area of Great Landscape Value or Regional Scenic Area (the terminology is varied) and the impact on any area which is a recognised focus for recreational enjoyment of the countryside, eg a Regional Park or Country Park.

Consultee comments:

SNH -

Viewpoint selection

SNH should be consulted on the selection of viewpoints once draft ZTVs are available. It is not necessarily the case that the viewpoints selected will be the same as for the consented scheme, but will be based on the expected visibility of the proposed turbines. However, SNH will refer at that stage to Annex B of their response to the application for the consented turbines, dated 27 May 2004. This identified two viewpoints that SNH would have liked to have been included in the earlier assessment, and they will give consideration to their likely usefulness in the new assessment.

Wild land

The site extends to the south-east corner into the Glen Loth-Loch Fleet pAGLV, and is only a few kilometres from the search area for wild land identified by SNH to the north and north-west.

SNH note that the assessment will include potential impacts of the proposals on wild land qualities within the study area. The methodology of such an assessment should be described, and the assessment should include full consideration of cumulative impacts on wild land qualities within the study area (see below). SNH objected to the original Kilbraur proposal due to its impact on wild land. The proposed wind farm extension should be designed to minimise further adverse impacts on wild land qualities.

Design

As the proposals can be expected to modify the design of the consented wind farm on the site, the turbine layout and location options for the enlargement of the scheme should be explored in the ES, and the design adopted for the extension should be fully justified.

SNH guidance ( Guidelines on the Environmental Impacts of Windfarms and Small Scale Hydroelectric Schemes) deals with design principles, including the extension of existing wind farms with turbines of the same size as those already on the site. The compatibility of the proposed additional turbines with the existing turbines, in terms of design, colour, rotor speeds and other operational factors, needs to be assessed.

The scoping report states that "the undulating nature of the site suggests that [the increased height of the proposed turbines] will have very little impact" on views. The ES should demonstrate in a rigorous fashion any difference in impact between new turbines of 115m and 125m to blade tip e.g. the extent of blade tip views, spacing of the turbines, and the visual effect of turbines of different size. Viewpoint selection should explore this issue.

The landscape and visual impact of the scale of the turbines in the landscape should be assessed.

Ancillary works

The ES should assess the landscape and visual impact of any extension to the existing borrow pit, and the extended tracks within the site. Restoration proposals should be presented.

SNH recommend the developer is aware of the following guidance:

· The Cumulative Effect of Windfarms - Version 2 revised 13.04.05 (SNH)

· The Visual Representation of Windfarms Good Practice Guidance (SNH 2007)

The Highland Council - Appraisal needed of a different mix of turbine sizes. All photographs must follow SNH's Good Practice Guidance on Visual Representations. Single photographs are preferred, as opposed to stitched panoramics.

8.4 Construction and Operation

The ES should contain site-specific information on all aspects of site work that might have an impact upon the environment, containing further preventative action and mitigation to limit impacts. Elements should include: fuel transport and storage management; concrete production (including if batching plants are proposed and measures to prevent discharges to watercourses); stockpile storage; storage of weather sensitive materials at lay-down areas; haul routes and access roads (and if temporary or permanent); earthworks to provide landscaping; mechanical digging of new or existing drainage channels; vehicle access over watercourses; construction of watercourse crossings and digging of excavations (particularly regarding management of water ingress); temporary and long-term welfare arrangements for workers during construction ; maintenance of vehicles and plant; pollution control measures during turbine gearbox oil changes; bunding or roofing of transformer areas; use of oil-cooled power cables and related contingency measures; and dewatering of turbine base excavations. With regards to oil, it is imperative that there is a detailed contingency plan to deal with large oil spills that cannot be dealt with at a local level. The ES should identify if there are particularly sensitive receptors of pollution (e.g. salmonid rivers, rivers with freshwater pearl mussels).

Such information is necessary in order to assess the environmental impact of the proposals prior to determination and provide the basis for more detailed construction method statements which may be requested as planning conditions (it is recommended that the relevant Planning Authorities, SNH and SEPA are provided with the opportunity to view these method statements in draft form, prior to them being finalised should development take place).

The applicant should be aware of information provided by SEPA that may be of use such as rainfall and hydrological data. The need to plan the works in order to avoid construction of roads, dewatering of pits and other potentially polluting activities during periods of high rainfall is important. The ES needs to demonstrate which periods of the year would be best practice for construction for the site, taking into account the need to avoid pollution risks and other environmental sensitivities affecting operational timing, such as fish spawning and bird nesting.

The impact of the proposed development on public footpaths and rights of way should be clearly indicated. If any re-routing of paths under a Right of Way is required alternative routes should be highlighted for consideration.

The ES should set out mechanisms to ensure that workers on site, including sub-contractors, are aware of environmental risks, and are well controlled in this context. The ES should state whether or not appropriately qualified environmental scientists or ecologists are to be used as Clerk of Works or in other roles during construction to provide specialist advice. Details of emergency procedures to be provided should be identified in the ES.

The process whereby a method statement is consulted upon before commencement of work is satisfactory at many sites where sensitivities are non-critical. However for environmentally sensitive sites it is recommend that, following consultation, method statements be approved by the planning authority in consultation with SNH, prior to the commencement of construction work.

8.5 Archaeology and Cultural Heritage

Historic Scotland recommends that you contact the relevant Council Archaeological Service and that you engage suitably qualified archaeological/cultural heritage consultants to advise on, and carry out the detailed assessment of impacts on cultural heritage aspects of the development proposal.

Consultee comments:

Historic Scotland -

General Principles

The ES should address the predicted impacts on the historic environment and describe the mitigation proposed to avoid or reduce impacts to a level where they are not significant. Historic environment issues should be taken into consideration from the start of the site selection process and as part of the alternatives considered.

The "historic environment" is defined in section 2 of Scottish Historic Environment Policy (SHEP) 1 Scotland's Historic Environment

( www.historic-scotland.gov.uk/index/policyandguidance/sheps/shep1.htm.

National policy for the historic environment is set out in the following key documents:

• National Planning Policy Guideline (NPPG) 5, Planning and Archaeology: www.scotland.gov.uk/Publications/1998/10/nppg5
• National Planning Policy Guideline (NPPG)18, Planning and the Historic Environment: www.scotland.gov.uk/Publications/1999/04/nppg18.
• Scottish Historic Environment Policies (SHEPs) - a new series of Scottish Government policy documents which set out Scottish Ministers strategic policies for the historic environment. The series can be viewed at www.historic-scotland.gov.uk/index/policyandguidance/sheps.htm.
• The Memorandum of Guidance on Listed Buildings and Conservation Areas, 1998: www.historic-scotland.gov.uk/index/policyandguidance/memorandumofguidance.htm.

Amongst other things, NPPG 5 stresses that scheduled monuments should be preserved in situ and within an appropriate setting, whilst NPPG 18 confirms that legislation requires that special regard must be had to the desirability of preserving the building or its setting, or any features of special architectural or historic interest which it possesses. Consequently, both direct impacts on the resource itself and indirect impact on its setting, must be addressed in Environmental Impact Assessment.

Historic Scotland recommend that the applicant engage a suitably qualified archaeological/historic environment consultants to advise on, and undertake the detailed assessment of impacts on the historic environment and advise on appropriate mitigation strategies.

Baseline Information

Information on the location of all archaeological/historic sites held in the National Monuments Record of Scotland, including the locations and, where appropriate, the extent of scheduled monuments, listed buildings and gardens and designed landscapes can be obtained from www.PASTMAP.org.uk.

Data on scheduled monuments, listed buildings and properties in the care of Scottish Ministers can also be downloaded from Historic Scotland's Spatial Data Warehouse at:

http://hsewsf.sedsh.gov.uk/pls/htmldb/f?p=500:1:8448412299472048421::NO.

For any further information on those data sets and for spatial information on gardens and designed landscapes and World Heritage Sites which are not currently included in their Spatial Data Warehouse, please contact hsgimanager@scotland.gsi.gov.uk. Historic Scotland would also be happy to provide any further information on all such sites.

Information and advice on non scheduled archaeological sites, historic buildings and landscapes of regional and local importance and conservation areas, should be sought from the relevant local authority archaeological and conservation services.

Additional baseline information can be obtained from other relevant documentary and cartographic sources, and should be augmented by a non-invasive walk-over survey and field evaluation. It should also assess the area's potential for the discovery of further, as yet unrecorded archaeological sites. It should identify and describe the site and setting of the historic environment assets, both within the boundary of the development area and within a wider area, within which significant impacts on setting may be expected to occur.

Potential Impacts

Impacts on historic environment features can depend upon the land-take associated with infrastructure and supporting activities, and may be avoided through appropriate locational measures. Impacts on the historic environment should be considered in the following terms:

• direct: i.e. loss of and/or damage to a feature of the historic environment
• indirect: inter alia effects on the setting of historic environment assets; changes to surface drainage patterns, removal of peat etc.

At this stage, it is not possible to be prescriptive about the extent of any area beyond the site boundary within which impacts on setting are likely to be significant: that will require to be given consideration as part of the EIA process. It is likely to be a subset of the ZTV used in the landscape assessment. The general guidance on visual impact in PAN 45, para 78 and fig 8 may be of assistance. The applicant should also refer to Historic Scotland's scoping advice on the assessment of impacts on setting, available at http://www.historic-scotland.gov.uk/index/policyandguidance/sea/our-role.htm. The ES should make clear the extent of the area within which impacts on setting have been assessed and the reasons for that cut-off point. Assessment of impacts on setting should be supported by appropriate visualisations such as wirelines or photomontages. Historic Scotland would be happy to discuss and agree such details.

Mitigation

Mitigation should state how significant impacts can be avoided or reduced, and if possible, remedied. Offsetting methods, including prior archaeological excavation of threatened features may be appropriate in some cases but as Planning Advice Note (PAN) 58, Environmental Impact Assessment indicates, it is at the lower end of the mitigation hierarchy. NPPG 5 stresses that "the preservation in situ of important archaeological remains is always to be preferred, particularly in relation to nationally important sites".

Historic Scotland is broadly content with the information provided in the Scoping Report dated February 2008, although they note that this primarily relates to the collection of data. On this basis, the Scoping Report does not state how the developer and/or their archaeological consultant, propose to assess the likely impacts of the wind farm. Historic Scotland would be happy to discuss any such methodology with the developer and/or their specialist advisors early in the Environmental Impact Assessment (EIA) process.

There are a number of scheduled ancient monuments in the vicinity of the proposed development. The proposed extension to the wind farm may have an impact on their settings, although the significance of those impacts is not clear at this stage. Historic Scotland advise that the issue of the development's impact on the setting of these monuments is addressed in the EIA and the results presented in any ES produced. Furthermore, Historic Scotland recommend that those findings are supported by wirelines and/or photomontages. They would be happy to advise on their requirements in terms of viewpoints as the developer's assessment progresses.

The Highland Council - The Archaeology Unit would like to recommend the following approach to this EIA scoping exercise:

The Highland Council recommend that the applicant engage suitably qualified archaeological/cultural heritage consultants to advise on, carry out the detailed assessment of impacts on cultural heritage aspects of an EIA. The approach to the archaeological study should aim to:

· Identify the cultural heritage baseline within the proposal area.

· Assess the proposed extension area in terms of its archaeological and historic environmental potential.

· Consider the potential impacts of construction and operation of the proposed extension on the cultural heritage resource.

· Propose measures (where appropriate) to mitigate any predicted adverse impacts.

1) Baseline information should be gathered through desk assessment of existing cultural heritage records and sources of information. In this case, the archaeological contractor should refer to the Desk Based Assessment contained in the original Environmental Statement.

2) The information gathered through desk assessment should be further assessed and augmented by non invasive field reconnaissance survey of the total application/site area (i.e. all areas into which the wind fram will be extended). This will be conducted in order to assess the presence/absence, character, extent and condition of sites, monuments and landscape features identified by the desk-based assessment. The survey will also identify any further features of cultural heritage interest not detected from the desk assessment and assess the area's potential for the discovery of further, as yet unrecorded archaeological sites.

Impact on setting

If significant issues regarding the setting on the historic environment are identified as a cause of the proposed extension - there is potential for the extension to have an indirect impact on at least two Scheduled Ancient Monuments - this should be assessed and discussed in detail.

9. Ecology, Biodiversity and Nature Conservation

Scottish Government suggests that all ecological survey methods are agreed with SNH specialist advisers, and conform to the best available standard methods for each habitat and species. SG also requires that all ecological survey data collected during ES survey work should be made available by the applicant to SG and SNH, in a form which would enable them to make future analyses of the effects of wind farms if appropriate.

9.1 Designated sites

The ES should address the likely impacts on the nature conservation interest of all the designated sites in the vicinity of the proposed development. It should provide proposals for any mitigation that is required to avoid these impacts or to reduce them to a level where they are not significant. SNH can also provide specific advice in respect of the designated site boundaries for SACs and SPAs and on protected species and habitats within those sites. The potential impact of the development proposals on other designated areas such as NSA, LSA, SSI or Regional/National Parks etc should be carefully and thoroughly considered and appropriate mitigation measures outlined in the ES. Early consultation and agreement with SNH, the relevant planning authority and other stakeholders is imperative in these circumstances.

For developments with a potential to affect Natura sites, applicants must provide in the ES sufficient information to make clear how the tests in the Habitats Regulations will be met, as described in the June 2000 Scottish Executive/Government guidance. The information in the ES should enable the assessments required by the legislation to be completed by the Scottish Government. Specific guidance on the Habitats and Birds Directive regarding the appropriate impact assessments and associated alternative solution and IROPI tests is available on the following website link http://www.scotland.gov.uk/library3/nature/habd-00.asp

Within the Regulations the first step is whether the proposal is necessary for the management of the site: this will not be the case for wind farm applications. The next step is to ask whether the proposal (alone or in combination with other proposals) is likely to have a significant effect on the site. If so, the Scottish Government as the Competent Authority under the Habitats Directive will draw up an 'appropriate assessment' as to the implications of the development for the site, in view of that site's conservation objectives.

The scoping report should aim to present sufficient information to enable a conclusion to be drawn on this test, ie as to whether there is likely to be a significant effect on the site. If that information is provided, SNH will be able to advise, when consulted upon the scoping request, whether an appropriate assessment will be necessary. In the event that detailed survey or analysis is required in order to reach a view, the survey and analysis should be regarded as information contributing to that assessment. Note that such information should be provided for the wind farm itself together with any ancillary works such as grid connections and vehicle tracks, and cumulatively in combination with any other wind farm consented or formally proposed in the vicinity.

Consultee comments:

SNH -

NATURE CONSERVATION DESIGNATIONS

The proposed development area does not include any designated sites within the boundary. The development boundary lies within:

· 5km of Caithness & Sutherland Peatlands SPA / Ramsar Site, classified for its range of moorland bird interests of international importance;

· 5km of Lairg & Strath Brora Lochs SPA classified for its black-throated diver interest of international importance.

The Environmental Statement (ES) should address likely impacts on all the qualifying features of these designations and any mitigation required, including an assessment of any residual effects after mitigation. If nearby designated interests are not considered to be affected by the proposal, the ES should still present this information. Further details regarding each of the above designations can be viewed through Site link on SNH's website .

EUROPEAN SITES

The legislative requirements are summarised in SE Circular 6/1995 as amended June 2000. Annex 1 provides further details of the legislative requirements.

The conservation objectives for European sites are listed in Annex 2 attached. .

Caithness & Sutherland Peatlands SPA and Lairg & Strath Brora Lochs SPA

The proposed wind farm site lies approximately 5km from both SPAs. The original ES did not identify any adverse effects linked to these sites. For the additional 8 turbines, all the possible connections and dependencies between the development proposal site and the qualifying interests of the SPAs should be assessed and presented in the ES. An assessment of any cumulative impacts arising from the existing wind farm and other wind farms affecting the SPAs should be made. SNH can provide relevant information for this assessment. Any adverse effects should be identified and where appropriate, mitigation should be identified.

9.2 Habitats

SNH suggest that the ecological survey methods are agreed with their specialist advisers and all ecological survey data collected during ES survey work should be made available by the applicant to SNH, in a form which would enable them to make future analyses of the effects of wind farms if appropriate. Surveys should be carried out at appropriate times or periods of the year by appropriately qualified and experienced personnel, and suitability of the timing needs to be considered within the ES.

The ES should provide a comprehensive account of the habitats present on the proposed development site. It should identify rare and threatened habitats, and those protected by European or UK legislation, or identified in national or local Biodiversity Action Plans. Habitat enhancement and mitigation measures should be detailed, particularly in respect to blanket bog, in the contexts of both biodiversity conservation and the inherent risk of peat slide. Details of any habitat enhancement programme (such as native- tree planting, stock exclusion, etc) for the proposed wind farm site should be provided. It is expected that the ES will address whether or not the development could assist or impede delivery of elements of relevant Biodiversity Action Plans.

Particular attention should be paid to the effects of the proposals on any peat land habitats on the site. SEPA emphasises that the ES should demonstrate that turbine locations have been determined on the basis of habitats on the site, especially with regard to any areas of deep peat and intact hydrological units of mire vegetation. Turbines therefore need to be located in the light of vegetation survey work. Similarly, the ES needs to demonstrate that roads have been located to minimise impact on vegetation communities, peat habitats and peat depth. Measures to avoid pH impact on peatland from use of cement/concrete (e.g. use of blinding cement on roadways, wash-out during construction, integrity of shuttering) should be set out.

9.3 Habitat Management

SNH and RSPB would wish to see a Habitat Management Plan for the area of the wind farm and any area managed in mitigation or compensation for the potential impacts of the wind farm. A commitment to maintain and/or enhance the biodiversity of the overall area is expected. Monitoring of any specific potential impacts of the development, and of the outcome of any habitat management measures, should form part of the ES proposals. Developers may also want to consult other interested parties in preparation of the HMP information.

The ES should also outline provisions made regarding public access, having regard for the requirements of the Land Reform (Scotland) Act 2003, clarifying the extent of any access restrictions proposed, if any, during construction or operation, and indicating any new facilities for access to be provided on or off site.

Consultee comments:

SNH -

HABITATS

Due to the nature and extent of the proposed development, it is likely there will be loss of, and disruption to, areas of vegetation and plant communities. SNH recommends the inclusion of the following in the ES:

• Quantification of temporary and permanent habitat loss.

· Assessment of damage to existing habitats including : habitat fragmentation, and consideration of the effects arising from vehicle and plant movement during construction, operation and decommissioning.

• Identification of mitigation measures, and the significance of any residual impacts.

SNH recommends that vegetation should be surveyed to National Vegetation Classification (NVC) level. As upland vegetation does not normally change significantly in short time periods, the data collected for vegetation survey of the existing wind farm should suffice in this instance.

Vegetation survey should include mapping of peatland (depth, nature, hydrology and condition) as this should be used to inform routing of proposed tracks and positioning of turbines. Areas of deep peat and fragmentation of blanket bog vegetation should be avoided, thus maintaining the integrity of the hydrological unit. The ES should identify areas of potential peat slide erosion by carrying out a risk analysis and then avoiding such areas.

Four of the proposed turbines (complete with linking track) will lead to the direct loss and further fragmentation of an area of peatland identified for habitat restoration in the approved Conservation Management Plan which is underpinned by the Section 75 Agreement. This loss requires to be quantified and addressed in the ES. Additional mitigation measures will be required to ensure there is no net loss of peatland restoration measures from the conservation management plan area.

9.4 Species : Plants and Animals

The ES needs to show that the applicants have taken account of the relevant wildlife legislation and guidance namely, Council Directives on The Conservation of Natural Habitats and of Wild Flora and Fauna, and on Conservation of Wild Birds (commonly known as the Habitats and Birds Directives), the Wildlife & Countryside Act 1981, the Nature Conservation (Scotland) Act 2004, the Protection of Badgers Act 1992, the 1994 Conservation Regulations, Scottish Executive Interim Guidance on European Protected Species, Development Sites and the Planning System and the Scottish Biodiversity Strategy and associated Implementation Plans. In terms of the SE Interim Guidance, applicants must give serious consideration to/recognition of meeting the three fundamental tests set out in this Guidance. It may be worthwhile for applicants to give consideration to this immediately after the completion of the scoping exercise.

It needs to be categorically established which species are present on the site, and where, before the application is considered for consent. The presence of protected species such as Schedule 1 Birds or European Protected Species must be included and considered as part of the application process, not as an issue which can be considered at a later stage. Any consent given without due consideration to these species may breach European Directives with the possibility of consequential delays or the project being halted by the EC. Likewise the presence of species on Schedules 5 (animals) and 8 (plants) of the Wildlife & Countryside Act 1981 should be considered where there is a potential need for a licence under Section 16 of that Act.

Plants

A baseline survey of the plants present on the site should be undertaken, and field and existing data on the location of plants should be used to determine the presence of any rare or threatened species of vascular and no-vascular plants and fungi.

Birds

The ES should provide an assessment of the impact of the wind farm on birds. The assessment should follow the guidance in 'Methodology for assessing the effects of wind farms on ornithological interests (SNH and BWEA 2001). A baseline survey of the species and number of birds present on the site throughout the year should be undertaken. Particular attention should be paid to specially protected and/or vulnerable species. All ornithological survey work should conform to Survey methods for use in assessing the impacts of onshore wind farms on bird communities (Scottish Natural Heritage, 2005).

Survey work should include assessments of the flight lines of breeding birds and birds whose migrations or other seasonal distributions traverse or are in close proximity to the site. Collision risk analyses will be necessary for species which regularly pass through the site at any time of year. The analysis should follow the principles set out in the above SNH/BWEA guidance and in 'Wind Farms and Birds: calculating the theoretical collision risk assuming no avoidance' (SNH 2001)

In the interests of all stakeholders involved in the consultation exercise, the presence of protected species must be included and considered as part of the section 36 application process. Submitting this information as an addendum at a later date will require further publicity and consultation which will delay the overall determination.

An Annex of Environmentally Sensitive Information may be required to provide information on nest locations or other environmentally sensitive information related to specially protected species. However, the annex should not include any information that is not confidential, or if it does this information should be contained elsewhere within the text of the environmental statement.

Consultee comments:

RSPB - RSPB were involved in the consultation of the original Kilbraur wind farm, the design of which necessarily took into account environmental constraints such as known breeding bird locations of birds listed in Annex 1 of the Birds Directive (79/409/EEC). Construction work has not yet been completed and mitigation compliant with the consent regarding habitat improvement has not yet been fully implemented. Furthermore, although environmental monitoring has commenced and a programme of habitat enhancement started, no assessment has, or can yet be made of the success of this mitigation. RSPB Scotland is concerned that the application for an extension is to be made where there are extensive areas of overlap with a development whose environmental impact is as yet, unproven.

Survey and Assessment requirements

RSPB notes that the applicant intends to use data gathered to inform the existing scheme, in their assessment of the current application. However since that time, SNH guidance on the required levels of monitoring and assessment have become more stringent. Therefore, RSPB believe that the previous surveys, whilst helpful, now do not comply with current requirements and that further surveys will be necessary. In RSPB's view, these new surveys should be carried out after the current construction has finished, as to do otherwise would only provide results during a period of increased disturbance that would have little relevance to the 'normal' situation. Furthermore, the new proposal brings turbines closer to some of the mitigation for the currently consented scheme and this could produce further conflict. This mitigation will, if effective, make these areas more attractive to birds and RSPB believe that any changes need to be assessed before considering whether it is appropriate to introduce turbines closer to what could be considered conservation areas.

RSPB note that it is proposed to locate turbines on areas previously avoided to maintain safe separation distances from breeding bird raptor (marlin and hen harrier) sites. The full justification for this should be provided.

Mitigation

Any additional risk to species of note should be fully explored and mitigated appropriately. Such mitigation should be additional to that provided for the already consented scheme.

SNH - The ES should:

· Consider effects of the development proposal upon the Natural Heritage Zone populations of bird species, indicating the likelihood and significance of any direct or indirect impacts upon these populations.

· Present a collision risk assessment for Annex 1 and Schedule 1 bird species recorded as regularly using the airspace of the proposal area. In particular, this is likely to include hen harrier (and possibly golden eagle).

A number of bird species of conservation interest may use the proposed site and adjacent habitats, including; hen harrier, merlin, peregrine falcon, golden eagle, golden plover and red & black throated diver.

Identify any necessary mitigation regarding predicted impacts upon notable bird species. This will require to be in addition to the existing agreed management plan from the consented Kilbraur proposal.

The Kilbraur wind farm development showed that there was a collision risk to hen harrier, therefore it will be important to first of all assess the impacts of the wind farm extension and then to assess the cumulative impacts with the existing development, complete with other wind farms within the relevant natural heritage zone. SNH can supply further information on other relevant wind farms.

SNH note that one turbine from the proposed extension is identified well within the conifer plantation which may require a large proportion of the plantation to be felled. The impacts of felling the plantation, and its subsequent ground treatment requires to be assessed, as there is a risk that hen harriers may be drawn into felled areas which support high vole populations, which may increase risk of collision. SNH can provide further advice on this issue if necessary.

The Conservation Management Plan (May 2007) aims to offset potential adverse impacts from the existing wind farm proposal (19 turbines) at Kilbraur. However, the proposed new turbines are located close to the boundary of the conservation management plan area. Therefore, the impacts on this area (for bird species) should be fully explored and presented within the ES, showing any risk to the agreed mitigation measures for the original proposal.

Any additional risk to hen harrier needs to be clearly identified, and mitigation should be proposed. This mitigation requires to be in addition to the existing conservation plan, which addresses the predicted losses from the original development.

Bird Survey Methods

SNH recommends that an appraisal is undertaken on the bird data that has already been collected (2002/03), to gauge whether the amount and quality of the data meets current requirements in the following guidance. This is an updated version of the guidance used for the original development;

• Survey methods for use in assessing the impacts of onshore wind farm on bird communities (November, 2005).

http://www.snh.org.uk/pdfs/strategy/renewable/bird_survey.pdf

Many bird species of importance (e.g. raptors) now require a high level of vantage point (VP) work. Existing vantage point data may give some information on specific species. However, depending on the number of vantage point (VP) hours from the previous development for each vantage watch point, additional VP fieldwork is likely to be required (see details within the above guidance for recommended survey effort on hen harrier and golden eagle).

Analysis of data/further field work

New assessments of impacts should be undertaken for the proposed extension using the following current guidance;

• Assessing significance of impacts from onshore wind farms on birds outwith designated areas (July, 2006). www.snh.org.uk/pdfs/strategy/renewable/Significance%20of%20bird%20impacts%20July%2006.pdf;

SNH recommends that bird survey work to inform impacts from the Kilbraur extension, is carried out when construction works of the existing wind farm are completed.. This is required to ensure that disturbance/displacement of birds from the construction site by work personnel and/or machinery does not affect the survey results. The ES should confirm that bird survey data has not been influenced by construction works.

Mammals

A baseline survey of the species and number of mammals present on the site should be undertaken. Particular attention should be paid to specially protected and/or vulnerable species, especially European Protected Mammals, and those potentially affected by the development.

Consultee comments:

SNH -

PROTECTED ANIMALS

SNH advises that surveys should be carried out to record the presence, status and potential impacts of the proposal on the following species: otter and water vole. As well as the results and the assessment, the ES should include details of: survey methodologies, dates and weather conditions of each survey and confirmation of the habitat and areas surveyed. Surveys must be undertaken at optimum times for each species.

As the original protected animal survey data is now about four years old, it is reasonable for the developer to present new survey information to assess any likely impacts on protected animals. Impact assessment should use the most up-to-date guidelines, such as;

o Institute of Ecology and Environmental Management (2006), Guidelines for Ecological Impact Assessment in the UK (version 7 July 2006). http://www.ieem.org.uk/ecia/index.html

European Protected Species (EPS)

Otters are listed on Schedule 2 of The Conservation (Natural Habitats, &c.) Regulations 1994 as EPS. All EPS are also fully protected under The Wildlife and Countryside Act 1981 and The Nature Conservation (Scotland) Act 2004.

· Otter

Otters are recorded within the general vicinity of the wind farm proposal area. A full assessment of the short and long term impacts of the development upon otters should be included as part of the ES. This should include all ground within the development (including any plantations) that may be directly, or indirectly affected by the proposed wind farm extension construction works.

The ES should state the significance of the site for otter in terms of the abundance and distribution of populations, frequency of use and identification and significance of important sites (holts, couches and if appropriate, foraging sites). Alternative solutions or mitigation should be identified where the assessment indicates that otter may be disturbed as a consequence of the development.

Further guidance on otters and development can be found on the SNH website; www.snh.org.uk/publications/on-line/wildlife/otters/mitigation.asp.

· Water Vole

The UK population of water vole is known to be in decline. As a consequence, it is identified as a priority species within the UK Biodiversity Action Plan. The habitat of the water vole is protected under Schedule 5 Section 9 (4) of the Wildlife and Countryside Act 1981 (as amended) regardless of whether occupied by the animal. Water voles are likely to occur in the area.

Survey methodology is described in publications such as the 'Water Vole Conservation Handbook'. As well as the results and an assessment of impacts, the ES should include details such as survey methodology, dates and weather conditions of each survey, and confirmation of the areas/habitat surveyed. Where recorded populations will be significantly affected as a consequence of the development, appropriate mitigation or alternative solutions should be proposed.

Reptiles, amphibians

A baseline survey of the species and number of reptiles and amphibians present on the site should be undertaken. Particular attention should be paid to specially protected and/or vulnerable species, especially European Protected species, and those potentially affected by the development.

Fish

A baseline survey of the species and number of fish present in the waterbodies and watercourses on and around the site throughout the year should be undertaken. This should extend to watercourses which may be affected by run-off from the site during construction, operation or decommissioning. Particular attention should be paid to specially protected and/or vulnerable species, especially European Protected species, and those potentially affected by the development. Developers should be aware that wind farm developments will have considerable construction implications and these can be conducted without proper regard or understanding of their potential impacts on watercourses and water quality, and on fish and aquatic invertebrate populations.

Consultee comments:

Fisheries Research Services - From a fishery perspective, it is recommended that the developer consults with the local fishery board or trust. The developer should also seek to establish if the associated catchment contains Salmon or Trout. This would have been already undertaken for the original Environmental Statement. If the associated burns do contain fish, it is recommended that by the Environmental Statement stage:

• The developer should seek to establish at least one years hydrochemical, electrofishing and macro-invertebrate baseline data, identify suitable control sites away from the potential impacted areas and detail an action plan outlining what they intend to do in the event of a problem. It is further recommended that the electrofishing monitoring programme should be undertaken at the tail end of summer, macro-invertebrate surveys carried out during spring and water quality analysis performed at a monthly basis as a minimum. Detailed methodologies need to be established for the hydrochemical, electrofishing and macro-invertebrate baseline surveys and monitoring programme.

• Baseline hydrochemical conditions should also be assessed under a range of flow conditions at appropriate spatial and temporal resolutions (fortnightly to monthly).

• Continuous stage data and turbidity data should be collected on potentially impacted tributaries and at a suitable control site.

Invertebrates

A baseline survey of the significant invertebrates present on the site and in the waterbodies and watercourses on and around the site throughout the year should be undertaken. This should be guided by existing information on the presence, distribution and abundance of notable invertebrates. Sampling of aquatic invertebrates should extend to watercourses which may be affected by run-off from the site during construction, operation or decommissioning. Particular attention should be paid to specially protected and/or vulnerable species, especially European Protected species, and those potentially affected by the development.

Consultee comments:

SNH -

Freshwater pearl mussel

There are known historical records of freshwater pearl mussel from the River Brora. Although the current status of this species within the River Brora is not known, their requirement for high quality freshwater conditions should be acknowledged, as they could be affected by diffuse pollution arising from the construction works. Ensuring SEPA's Pollution Prevention Guidelines (PPG) are adhered to will be important to maintain good quality water conditions.

10. Water Environment

Developers are strongly advised at an early stage to consult Scottish Environment Protection Agency (SEPA) as the regulatory body responsible for the implementation of the Controlled Activities (Scotland) Regulations 2005 (CAR), to identify 1) if a CAR license is necessary and 2) clarify the extent of the information required by SEPA to fully assess any license application.

All applications (including those made prior to 1 April 2006) made to Scottish Ministers for consent under section 36 of the Electricity Act 1989 to construct and operate a electricity generating scheme will require to comply with new legislation. In this regard we will be advised by SEPA concerning the requirements of these Regulations on the proposed development and will have regard to this advice in considering any consent under section 36 of the Electricity Act 1989.

SEPA produces a series of Pollution Prevention Guidelines, several of which should be usefully utilised in preparation of an ES and during development. These include SEPA's guidance note PPG6: Working at Construction and Demolition Sites, PPG5: Works in, near or liable to affect Watercourses, PPG2 Above ground storage tanks, and others, all of which are available on SEPA's website at http://www.sepa.org.uk/guidance/ppg/index.htm. SEPA would look to see specific principles contained within PPG notes to be incorporated within mitigation measures identified within the ES rather than general reference to adherence to the notes.

Prevention and clean-up measures should also be considered for each of the following stages of the development;

· Construction.

· Operational.

· Decommissioning.

Construction contractors are often unaware of the potential for impacts such as these but, when proper consultation with the local fishery board is encouraged at an early stage, many of these problems can be averted or overcome.

• Obstruction to upstream and downstream migration both during and after construction.
• Disturbance of spawning beds during construction - timing of works is critical.
• Increases in silt and sediment loads resulting from construction works.
• Point source pollution incidents during construction.
• Drainage issues.

The ES should identify location of and protective/mitigation measures in relation to all private water supplies within the catchments impacted by the scheme, including modifications to site design and layout.

Developers should also be aware of available CIRIA guidance on the control of water pollution from construction sites and environmental good practice ( www.ciria.org). Design guidance is also available on river crossings and migratory fish (SE consultation paper, 2000) at http://www.scotland.gov.uk/consultations/transport/rcmf-00.asp.

Consultee comments:

Water Environment Unit - The developer should be aware that the catchment of the River Brora is designated as a salmonid water under the terms of the Fresh Water for Fish Directive (2006/44/EC). This requires that certain, mainly chemical, water quality standards are met. Construction and decommissioning procedures should therefore include mitigation measures to ensure that water quality is not adversely affected by the development.

10.1 Hydrology and Hydrogeology

The ES should contain detailed statements of the nature of the hydrology and hydrogeology of the site, and of the potential effects the development on these. Developers should be aware that wind farm developments will have considerable construction implications and these can be conducted without proper regard or understanding of the potential impacts on hydrology, water courses, water quality, water quantity and on aquatic flora and fauna. The assessment should include statements on the effects of the proposed development at all stages on;

• Hydrology.
• Water Quality and quantity.
• Flood Risk.

The high rainfall often experienced at proposed wind farm sites means that run-off, high flow in watercourses, and other hydrological and hydrogeological matters require proper consideration within the ES.

Hydrological and hydrogeological issues should be addressed within the ES, and the following hydrological baseline information should be included.

• Long term average monthly rainfall figures.

Where the project includes significant watercourse engineering works, then SEPA would expect the following information to be included within the ES for at least a typical watercourse within the development area:

• Flood flow statistics - the flows for the Mean Annual Flood, 1:100 and 1:200 year return period.

• From a flow duration curve, the mean daily flow and Q95 flow.

• Methods used to calculate these must be identified; if non-standard methods are used, these should be described in detail with rationale for use.

Impacts on watercourses, lochs, groundwater, other water features and sensitive receptors, such as water supplies, need to be assessed. Measures to prevent erosion, sedimentation or discolouration will be required, along with monitoring proposals and contingency plans.

The applicant should refer to SEPA policy on groundwater which can be found at www.sepa.org.uk/pfd/policies/19/.pfd which will assist in identifying potential risks. It should also be noted that 1:625000 groundwater vulnerability map of Scotland often referred to in Environmental Statements has been superseded by the digital groundwater vulnerability map of Scotland (2003) and the digital aquifer map of Scotland (2004) and it is the information used on these newer maps, available on request from SEPA, that should be used in any assessment.

If culverting should be proposed, either in relation to new or upgraded tracks, then it should be noted that SEPA has a policy against unnecessary culverting of watercourses. Schemes should be designed to avoid by preference crossing watercourses, and to bridge watercourses which cannot be avoided. Culverting is the least desirable option.

The ES must identify all water crossings and include a systematic table of watercourse crossings or channelising, with detailed justification for any such elements and design to minimise impact. The table should be accompanied by photography of each watercourse affected and include dimensions of the watercourse. It may be useful for the applicant to demonstrate choice of watercourse crossing by means of a decision tree, taking into account factors including catchment size (resultant flows), natural habitat and environmental concerns.

Culverts are a frequent cause of local flooding, particularly if the design or maintenance is inadequate. The size of culverts needs to be large enough to cope with sustained heavy precipitation, and allow for the impact of climate change. This must be taken into account by developers and planning authorities. SPP7 and PAN69 provide more information on this aspect.

Measures to avoid erosion of the hillside associated with discharge from road culverting need to be set out in the ES.

All culverts must be designed with full regard to natural habitat and environmental concerns. Where migratory fish may be present (such as trout, salmon or eels) the culvert should be designed in accordance with the Scottish Executive guidance on River Crossings and Migratory Fish. This guidance can be found on the Scottish Executive website at: www.scotland.gov.uk/consultations/transport/rcmf-06.asp

Where the watercourse is used as a pathway by otters and other small mammals, the design of culverts will need to be modified to accommodate this.

The need for, and information on, abstractions of water supplies for concrete works or other operations should also be identified in the ES.

Consultee comments:

SEPA - SEPA requests that evidence should be provided to demonstrate that the proposals have been designed to minimise engineering works within the water environment, including crossing watercourses. Further to this, SEPA wishes to highlight the following national planning policy guidance and legislative aims;

National Planning Policy Guidance 14 'Natural Heritage' Paragraph 55 states "Lochs, ponds, watercourses and wetlands are often both valuable landscape features and important wildlife habitats, and planning authorities should seek to safeguard their natural heritage value within the context of a wider framework of water catchment management".

The Water Environment and Water Services (Scotland) (WEWS) Act 2003 implements the EC Water Framework Directive (2000/60/EC), which is aimed at maintaining and improving the quality of aquatic ecosystems and requires that any ecological risks to the water environment associated with development, (including engineering operations) be identified and controlled.

In addition, where water abstraction is proposed, SEPA requests that the ES assesses whether a public or private source is to be utilised. If a private source is to be utilised, the following information should be included within the ES to determine the environmental acceptability of the proposals:

- Source i.e. ground water or surface water;

- Location i.e. grid ref and description of site;

- Volume i.e. quantity of water to be extracted;

- Timing of abstraction i.e. will there be a continuous abstraction?;

- Nature of abstraction i.e. sump or impoundment?;

- Proposed operating regime i.e. details of abstractioin limits and hands off flow;

- Survey of existing water environment including any existing water features; and

- Impacts of proposed abstraction upon the surrounding water environment.

10.2 Geology and soils

The Environmental Statement should fully describe the likely significant effects of the development on the environment including direct effects and any indirect, secondary, cumulative, short, medium and long term, permanent and temporary e.g. construction related impacts, positive and negative effects of the development which result from:

• The existence of the development.
• The use of natural resources (including borrow pits, the need for which and impact of which, including dust, blasting and pollution of the water environment, should be appraised as part of the overall impact of the scheme)
• The emission of pollutants, the creation of nuisances and the elimination of waste.

The ES should identify the intended source of any rock or fill material to be used for tracks or foundations, and should describe the environmental impacts associated with any new quarries or borrow pits or road or track cuttings.

Consultee comments:

SNH -

Soil and water

Adverse impacts on streams should be identified. Specific attention should be given to minimising adverse impacts to surface waters and in particular, the mobilisation of sediment into surrounding watercourses. Mitigation should be identified to address these issues where significant impacts are predicted.

SEPA - SEPA seeks in relation to substantial new development, that developers demonstrate that the development includes construction practices to minimise the use of raw material and maximise the use of secondary aggregates and recycled or renewable materials. Further information is available from AggRegain ( www.aggregain.org.uk);

Where borrow pits are proposed, the ES should include information regarding the location, size and nature of these borrow pits, including information on the depth of the borrow pit floor and the borrow pit final reinstated profile.

The impact of such facilities (including dust, blasting and impact on water) should be appraised as part of the overall impact of the scheme. Information should cover, in relation to water, at least the information set out within Planning Advice Note 50: Controlling the Environmental Effects of Surface Mineral Workings in relation to surface water (pages 24-25) and, where relevant, in relation to groundwater (pages 22-23). Information on the proposed depth of the excavation compared to the actual topography, the proposed restoration profile, proposed drainage and settlement traps, turf and overburden removal and storage for reinstatement, should be submitted.

The Highland Council - Full details of the proposed sources of stone material must be given in the ES. If this involves on-site working, then this should be detailed in full. There were difficulties with the assessment of quantities of material required and the identification of sources to provide these in the original wind farm. Such difficultires must be avoided with the extension, with realistic assessments of needs and sources made.

10.3 Assessment of Peat Slide Risk

If the proposed development is to take place on peatland habitats, the Environmental Statement should incorporate a comprehensive peat slide risk assessment in accordance with the Scottish Executive Best Practice Guide for Developers.

http://www.scotland.gov.uk/Topics/Business-Industry/infrastructure/19185/20804

Particular attention should be paid to the risks of engineering instability relating to presence to peat on the site. Turbines locations should be identified in the light of survey work on peat depth and nature, and roads will need to be carefully aligned and designed with regard to peat habitats and depth. It is recommended that both engineers and ecologists are involved in the assessment and management of the risk of peat slide.

The peat slide risk assessment should also address pollution risks to and environmental sensitivities of the water environment. It should include a detailed map of peat depth and evidence that the scheme minimises impact on areas of deep peat. The ES should include outline construction method statements or the site-specific principles on which such construction method statements would be based for engineering works in peat land areas, including access roads, turbine bases and hard standing areas, and these should include particular reference to drainage impacts, dewatering and disposal of excavated peat.

Consultee comments:

The Highland Council - Appropriate Assessment of Peat Slide Risk is essential, drawing on the experience already gained from working on this site.

10.4 Forestry

The EIA should indicate areas of forestry plantation which may by felled to accommodate new turbines. If timber is to be disposed of on site, details of the methodology for this should be submitted. Areas of retained forestry or tree groups should be clearly indicated and methods for their protection during construction clearly described.

11. Other Material Issues

11.1 Waste

Potential requirement for waste management licences or licensing exemptions in relation to waste disposed to or from borrow pits should be discussed at an early stage with SEPA as decisions on waste management are likely to affect site design and layout.

The ES should identify all of the waste streams (such as peat and other materials excavated in relation to infrastructure) associated with the works. It should demonstrate a) how the development can include construction practices to minimise the use of raw materials and maximise the use of secondary aggregates and recycled or renewable materials and b) how waste material generated by the proposal is to be reduced and re-used or recycled where appropriate on site (for example in landscaping not resulting in excessive earth moulding and mounding).

Consultee comments:

SEPA - Furthermore, SEPA would like to take this opportunity to highlight the use of site waste management plans which SEPA are now seeking on all large scale construction projects, and which the applicant should consider during the formulation of the ES. In SEPA's experience, waste management is becoming an increasing issue on large scale construction projects.

Coherent consideration should be given to the handling, use, short term storage and final disposal of surplus material, including peat and soils, and to waste minimisation and management. Given the scale of the project, there are likely to be significant volumes of surplus peat and soils which, if not disposed of appropriately, could cause significant environmental harm. Should it be proposed that peat should be used at depth to restore excavations such as borrow pits, the applicant would need to demonstrate that this could be done without the release of carbon through oxidisation, and without risk to people and the environment. Please note that waste peat or soil from excavations spread on this land would not necessarily be to ecological benefit; if excavated peat or soil is to be used in landscaping the site, then this should be included in the plans, and not dealt with in an adhoc fashion as it arises.

SEPA therefore requests that the ES gives consultation to a full site specific Site Waste Management Plan (SWMP). Paragraph 51 of the Scottish Planning Policy (SPP10) on Planning for Waste Management, promotes the use of Site Waste Management Plans (SWMP) with all new planning applications. The SWMP should detail the measures for managing and minimising waste produced during construction. Further information on the preparation of these plans can be obtained from Envirowise ( http://www.envirowise.gov.uk/scotland) or the Department of Trade and Industry http://www.wrap.org.uk/downloads/site_waste_management_plan.c32a4d8d.pdf.

The SWMP should also include a soils balance carried out to demonstrate need for importation/export of materials, including any backfill of excavations. Given experience on other sites, clarification is sought specifically on whether or not waste materials are to be imported. Clarification of the amount of any surplus materials to be permanently deposited in mounds and scale of these mounds should also be included.

SEPA encourages the recovery and reuse of controlled waste, provided that it is in accordance with the Waste Management Licensing Regulations 1994. The applicant should note the regulatory advice attached. The developer should note that SEPA has produced guidance to assist in the consideration as to whether any particular material is waste, which is available on SEPA's website at http://www.sepa.org.uk/pdf/guidance/waste/is_it_waste_v2.pdf

11.2 Telecommunications:

British Telecom will offer advice in respect of EMC and related problems, BT point to point microwave links and satellite. Any information on the likely interference to BT's current and presently planned radio networks should be enclosed.

Ofcom only comment in respect of microwave fixed links and does not include broadcast transmissions or scanning telemetry links that may be affected by your proposals. A copy of your scoping request has been sent to:

CSS Spectrum Management Services Ltd. David Tripp 01458 273 789 david.tripp@css.gb.com (for Scanning Telemetry)

Joint Radio Company (JRC). David Priestley 020 7953 7015 david.priestley@jrc.co.uk (for Scanning Telemetry)

With regard to assessing the affects to TV reception, the BBC now have an online tool available on their website, at http://windfarms.kw.bbc.co.uk/ . Ofcom will no longer be forwarding enquiries received to the BBC or carrying out assessments. Developers are advised to access the online tool.

http://windfarms.kw.bbc.co.uk/rd/projects/windfarms/

Ofcom only comment in respect of fixed microwave links managed by the Ofcom, in addition you are obliged to do further checks of your proposals with the CAA, NATS, and the MOD. Further details may be obtained on the British Wind Energy Association (BWEA) website. The MoD Estates Safeguarding contact is Chris Evans on 0121 311 3847.

11.3 Noise

Wind farms have the potential to create noise through aerodynamic noise and mechanically generated noise. Noise predictions should be carried out to evaluate the likely impacts of airborne noise from the wind turbines and associated construction activities including noise from blasting or piling activities which may affect local residents, during construction, operational and decommissioning stages of the project. Advice should be sought from the relevant Council planning and/or environmental health departments in respect to the potential impacts on the local community.

You should be aware of the guidance produced by ETSU on behalf of the DTI titled "The Assessment and Rating of Noise from Wind Farms". This publication provides developers with best practice noise monitoring and reporting techniques. Cumulative noise effects should also be considered in assessing the specific circumstances prevailing at the development site. Developers may also want refer to PAN56 in this respect.

11.4 Shadow Flicker

Information on the impact of shadow flicker on the local community should be enclosed within the ES. Developers should refer to PAN 45 for further information on this subject.

11.5 Traffic Management

The Environmental Statement should provide information relating to the preferred route options for delivering the turbines etc. via the trunk road network. The Environmental Impact Assessment should also address access issues, particularly those impacting upon the trunk road network, in particular, potential stress points at junctions, approach roads, borrow pits, site compound, hardcore and concrete batching areas etc.

Where potential environmental impacts have been fully investigated but found to be of little or no significance, it is sufficient to validate that part of the assessment by stating in the report:

· the work has been undertaken, e.g. transport assessment;

· what this has shown i.e. what impact if any has been identified, and

· why it is not significant.

Consultee comments:

The Highland Council - The assessment should not be restricted to the trunk road network, but should equally address thse issues for the local road network.

11.6 Cumulative Impacts

Where a wind farm development might have cumulative impacts with other existing, approved or proposed wind farms, then the assessment of environmental impacts should include consideration of these cumulative effects. Visual or landscape cumulative effects may arise where more than one wind farm is visible from certain viewpoints, or along a journey by road or other route. Ecological cumulative effects may arise where more than one wind farm impacts upon a bird population, or on the hydrology of a wetland or peatland habitat.

SPP 6 introduces new requirements in relation to considering cumulative impacts through the development plan process. Where relevant, proposals should identify how they comply with development plans. We also refer to the SNH guidance note 'Cumulative Effect of Wind Farms' (version 2 revised 13.4.05 [2]) for further guidance. A cumulative assessment should include other existing wind farms in the vicinity of the proposal, any wind farms which have been consented but are still to be constructed, and any which are the subject of undetermined consent applications. Inclusion within a cumulative assessment of other proposed wind farms which have not yet reached application stage is not required, unless in exceptional circumstances we advise otherwise.

http://www.snh.org.uk/pdfs/strategy/Cumulativeeffectsonwindfarms.pdf

Consultee comments:

SNH -

Cumulative issues

The following wind farms should be included in the cumulative study:

• Kilbraur (consented scheme)
• Gordonbush
• Cambusmore
• Dunbeath
• Causeymire and extension
• Buolfruich
• Strathy South
• Lairg
• Rosehall
• Achany
• Beinn Tharsuinn

The determining authority may wish additional developments and proposals to be included, and it will determine the final list of wind farms to be assessed.

The cumulative study should include an assessment of the simultaneous and sequential impacts on key receptors and the designated landscapes within an agreed study area. At viewpoints to be agreed, wire-frames covering a 360º arc will be required.

The cumulative impact on the wild land qualities of the search area should be fully assessed; this should include an assessment of the degree to which the new turbines will extend or increase the impact of the consented turbines on the same site.

The Highland Council - The proposal seems to be wishing to use a different turbine design - now 125m to wing tip height, 10m higher than currently being deployed. The different mix of turbine design needs particular assessment.

Gordonbush wind farm consent has been granted, but plans for an access route through Kilbruar needs to be recognised, with all relevant implications for construction timings etc.

11.7 Other planning or environmental impact issues unique to the application.

The ES should include information on any other potential impacts connected with the project.

Consultee comments:

The Highland Council - The ES should address the impact on tourism.

12. General ES Issues

In the application for consent the applicant should confirm whether any proposals made within the Environmental Statement, eg for construction methods, mitigation, or decommissioning, form part of the application for consent.

12.1 Consultation

Developers should be aware that the ES should also be submitted in a user-friendly PDF format which can be placed on the Scottish Executive website. Developers are asked to issue ESs directly to consultees. Consultee address lists can be obtained from the Energy Consents Unit. The Energy Consents Unit also requires 8 hardcopies to be issued internally to Scottish Executive consultees.

Where the developer has provided the Scottish Ministers with an environmental statement, the developer must publish their proposals in accordance with part 4 of the Environmental Impact Assessment (Scotland) Regulations 2000. The specific details of the adverts to be placed in the press can be obtained from the Energy Consents website: /Topics/Business-Industry/Energy/Energy-Consents

Where s36 applications are located in areas where Gaelic is spoken, developers are encouraged to adopt best practice by publicising the project details in both English and Gaelic (see also Energy consents website above).

OS Mapping Records

Developers are requested at application stage to submit a detailed Ordinance Survey plan showing the site boundary and all turbines, anemometer masts, access tracks and supporting infrastructure in a format compatible with the Scottish Government's Spatial Data Management Environment (SDME), along with appropriate metadata.

The SDME is based around Oracle RDBMS and ESRI ArcSDE and all incoming data should be supplied in ESRI shapefile format. The SDME also contains a metadata recording system based on the ISO template within ESRI ArcCatalog (agreed standard used by the Scottish Government), all metadata should be provided in this format.

12.2 Difficulties in Compiling Additional Information.

Developers are encouraged to outline their experiences or practical difficulties encountered when collating/recording additional information supporting the application. An explanation of any necessary information not included in the Environmental Statement should be provided, complete with an indication of when an addendum will be submitted.

12.3 Application and Environmental Statement

A developer checklist is enclosed with this report to help developers fully consider and collate the relevant ES information to support their application. In advance of publicising the application, developers should be aware this checklist will be used by government officials when considering acceptance of formal applications.

Consultee comments:

The Highland Council - The applicant will be expected to take on board all the provisions of the earlier planning consent for a wind farm in this location; the initial ES, the agreed mitigation, planning conditions, planning agreements, the approved scheme, the approved construction method statement.

Essentially this new application should seek to ensure consistency or improvement upon the original application for the Kilbruar wind farm, as approved by the Highland Council.

Agreements should address a restoration bond; a wear and tear agreement under the Roads (Scotland) Act with associated bond; and an updtated TV interference study and a bond for a year to cover any impacts of these as identified as possible through the study.

SEPA -

Consent Timescale and Application Quality

In December 2007, Scottish Ministers announced an aspirational target to process new section 36 applications within a 9 month period, provided a PLI is not held. This scoping opinion is specifically designed to improve the quality of advice provided to developers and thus reduce the risk of additional information being requested and subject to further publicity and consultation cycles.

Developers are advised to consider all aspects of this scoping opinion when preparing a formal application, to reduce the need to submit information in support of your application. The consultee comments presented in this opinion are designed to offer an opportunity to consider all material issues in relation to the development proposals.

In assessing the quality and suitability of applications, Government officials will use the enclosed checklist and scoping opinion to scrutinise the application. Developers are encouraged to seek advice on the contents of ESs prior to applications being submitted, although this process does not involve full analysis of the proposals. In the event of an application being void of essential information, officials reserve the right not to accept the application. Developers are advised not to publicise applications in the local or national press, until their application has been checked and accepted by SG officials.

Signed ……………………………….

Authorised by the Scottish Ministers to sign in that behalf.