EIA regulations: EIR release

Information request and response under the Freedom of Information (Scotland) Act 2002.


FOI reference: FOI/17/01442
Date received: 22 June 2017
Date responded: 5 July 2017

Information requested

1) Any Scoping determination, and the associated scoping application, prepared under the EIA regulations for these developments.
2) Any transport assessment prepared for these development.
3) The agreed transport or traffic management plan for these developments.
4) The name of the agencies involved in preparing and agreeing the traffic management plan.
5) The developer summary of its community engagement submitted for your consideration.
6) Details of any community engagement you, as the determining authority, undertook.

Response

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested.

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. As advised by my colleague, all of the associated application documentation, including Environmental Statements, Planning and Design statements etc. for Kype Muir Wind Farm and Kype Muir Wind Farm Extension were made available to the public during the respective application processes on South Lanarkshire Council's planning portal, at Scottish Government's Library and at various accessible locations in accordance with the EIA publicity requirements. We (the Energy Consents Unit) remove application material from our website and destroy our hard copy 3 months after a determination has been published. We leave only the determination letter on our website.

With specific reference to your request:

1) Any Scoping determination, and the associated scoping application, prepared under the EIA regulations for these developments.

Although we have the Scoping Opinion for the Kype Muir Wind Farm (see attached) we do not have any other scoping documentation for Kype Muir Wind Farm or Kype Muir Wind Farm Extension. The applicant/developer, Banks Renewables Ltd may still have copies on record. Their contact details are as follows:

Banks Renewables Ltd
2nd Floor
Block C
Brandon Gate
Leechlee Road
Hamilton
Lanarkshire
ML3 6AU
Tel: 0844 209 1515
Email: enquiries@banksgroup.co.uk

2) Any transport assessment prepared for these development.

Attached to this email are the transport assessments which formed part of the Environmental Statements submitted Banks Renewables in support of both developments.

3) The agreed transport or traffic management plan for these developments.

It was a condition (number 23) of the consent and deemed planning permission granted to Kype Muir Wind Farm that a detailed Traffic Management Plan ("TMP") be produced by Banks Renewables Ltd and subsequently approved in writing by the roads authority. The TMP had to be produced in consultation with the local authority's Roads & Transportation Services and Strathclyde Police. Thereafter, the approved TMP had to be complied with.

This was also the case for the consent and deemed planning permission granted to Kype Muir Wind Farm Extension, the relevant condition being number 29.

Copies of these consents (and conditions) are available to view at our website:

www.energyconsents.scot

(select search then simple search then insert Kype into Search by project name)

The TMPs however are not and never have been available from the Scottish Government. The local authority, South Lanarkshire Council in both cases, was responsible for all matters relating to the TMPs. Copies may be available from the Council's planning department.

4) The name of the agencies involved in preparing and agreeing the traffic management plan.

See response to 3) above.

5) The developer summary of its community engagement submitted for your consideration.

Scottish Government no longer has this information. Again, this may be available from Banks Renewables Ltd.

6) Details of any community engagement you, as the determining authority, undertook.

The Scottish Government does not undertake community engagement in relation to onshore wind farm proposals.

FOI-17-01442.pdf
FOI-17-01442-1.pdf
FOI-17-01442-2.pdf

Contact

Please quote the FOI reference

Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

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