2500399PP - Wardlaw Wood Windfarm, Dalry
North Ayrshire Council · 29 October 2025
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NORTH AYRSHIRE COUNCIL 29th October 2025 Planning Committee Locality Reference 25/00399/PP Application Registered 4th September 2025 Decision Due 4th November 2025 Ward Garnock Valley Recommendation Approved subject to condition __________________________________________________________________ Location Wardlaw Wood Windfarm, Dalry Applicant CWP Energy Ltd Proposal Application under Section 42 of the Town and Country Planning (Scotland) Act 1997 to amend condition 1 of planning permission N/02/00906/PP to extend the operational life of Dalry Community Wind Farm until October 2038 ___________________________________________________________________ 1. Description A Section 42 application has been submitted in relation to a condition attached to a planning permission for a wind farm development at Wardlaw Wood near Dalry. The development was granted planning permission in June 2005 (ref. 02/00906/PP) and has been operational since June 2006. The wind farm has an installed capacity of 18MW, consisting of 6 no. 3MW Vestas turbines with blade tips of 125m above ground level. Condition 1 requires the development to cease, and the site restored by 6th October 2028. At the time of the application in 2002, the nominal lifespan of the wind farm was anticipated by the developer to be 25 years. The condition was set at 25 years and one week from the date of the Planning Committee date meeting held on 29th September 2003 when the development was authorised. A Section 75 obligation was entered into which took until June 2005 to conclude. The planning permission was then formally granted on 14th June 2005, with development operational by June 2006.
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Consequently, condition 1 as currently worded would not provide 25 years of operational life (25 years from June 2006 would be June 2031). Moreover, there is no distinction made in the condition between the operational phase of the development and the restoration phase. For the avoidance of doubt, the application relates to the original 6 turbine wind farm located on a former coniferous forestry plantation known as Wardlaw Wood, which is located immediately to the west of Baidland Hill and Cockrobin Hill some 3.6km to the northwest of Dalry. There are another 22 wind turbines in the vicinity, 8 of which are owned and operated by the applicant at Millour Hill and 14 at Kelburn by Green Hill Energy Ltd (a subsidiary of RES). The area of the site is 75.4 hectares. It comprises upland plateau moorland where 6 wind turbines have been operating since 2006. The ground level varies from approximately 300m - 330m above sea level. It is located at the southwestern area of the cluster of 28 turbines which comprise Dalry Community Windfarm, Millour Hill Windfarm (to the east) and the Kelburn Windfarm (to the north). The moorland site was afforested during the 1980s with a large conifer plantation. This was largely clear felled prior to the construction of the Wardlaw Wood windfarm during 2005. There are small remnants of sitka spruce remaining as well as some self-seeded trees which have grown since the wind farm was developed. There are stone access tracks which lead into the site, terminating at each turbine. The operator of the wind farm now seeks to amend condition 1 which relates to the duration of the planning permission and the decommissioning and restoration of the site. They are seeking a further 10 years of operational time and an associated revision to the decommissioning/site restoration. The current wording of condition 1 requires that the wind turbines and associated buildings and equipment shall be removed and the land restored to its former condition on or before 6th October 2028. The applicant states that the windfarm is still operating and that the turbines are capable of producing electricity during the coming decade. An application under Section 42 of the Act, if granted, creates a new planning permission without altering the conditions on the previously granted permission. The planning authority must consider "only the question of the conditions to which planning permission should be granted." In this case, as the planning permission to develop the windfarm has been implemented, this report will consider only the issue of the proposed amendment to condition 1 and shall have no bearing on the other conditions relating to the planning permission for the development, some of which related to the construction phase and some the operational phase. The application does not relate to the other wind farm developments in the vicinity of the application site. 2. Consultations and Representations Neighbour notification was undertaken in accordance with statutory requirements, and the application was advertised in a local newspaper. A total of four comments were received
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from members of the public, all objecting to the proposed change to the lifetime of the wind farm. In addition, comments have been received from the Ayrshire & Arran Bat Group. 1. There is no need to have the extension. The owners benefit greatly whilst the local community gets very little benefit. High energy prices are paid by consumers who have to put up with the "eyesores" dominating the skyline. All the lifetime extension will do is make more money for the owners. Response: The circumstances and policy context for determining the application are discussed in the Analysis section below. 2. Just because the applicant states that they have not received any noise complaints does not mean that people living locally are not affected by turbine noise. The constant rumble of the aggregate number of turbines in this area prevents use of outdoor garden areas at certain times due to adverse noise impacts. Response: The wind turbines are required to operate within noise certain limits, as set by planning permission 02/00906/PP. Although the wind farm has operated for over 19 years without any noise complaints, such concerns can be reported to the Council for investigation at any time. The Council's Environmental Health service has raised no objections in their consultation response (below). 3. The community benefit fund pays less than the required amount. There is little evidence of any sums being used for the benefit of Dalry. Response: This is not a material planning consideration. 4. Property values are already affected and would be affected for longer by the proposed lifetime extension. Response: This is not a material planning consideration. 5.The proposed change to the decommissioning plan is merely to suit the applicant. A ring-fenced levy should be put in place to ensure there is money available for decommissioning. Response: The current condition is not fit for purpose and requires to be reviewed. It should be noted that there is an existing Section 75 obligation in place which secures a financial bond for site restoration in the event of failure by the developer. 6. The relevant community council was not directly notified of the application as is required under Section 35A of the Town and Country Planning (Scotland) Act 1997. Response: Section 35A relates to pre-application consultation, which was not applicable in this case since the proposal is to amend a condition on an existing planning permission under Section 42 (and is not an application for a new major development). Dalry Community Council are sent a weekly list of planning applications each week and is entitled to comment on any planning application in their area as they see fit. 7. Individual objections do not appear fully on the planning portal and are not reflected in comment totals, reducing transparency and public confidence.
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Response: There is no statutory requirement to publish representations online. Comments made by members of the public are considered and addressed in the Committee Report. 8. Proposed changes or extensions must be screened under the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. The Council appears to have accepted the developer's claim that no new impacts exist based solely on the absence of physical changes. Since the original 2003 EIA, multiple renewable projects have been built or consented, fundamentally changing the baseline. Response: This is not relevant to the application, since there is no change proposed to the development itself, nor any proposed extension to its scale. Consideration of the application is limited to planning condition 1 attached to planning permission ref. 02/00906/PP for Wardlaw Wood wind farm as granted by the Council in 2005. The proposed changes to condition 1 would not in themselves result in any significant new environmental effects. 9. A consented solar farm and battery storage within the site will be operated by the same company and reliant on the wind farm's infrastructure cannot operate if the wind farm is decommissioned. This interdependency demonstrates that cumulative impacts exist and must be reassessed. Response: The applicant has requested a review of condition 1 of planning permission 02/00906/PP. The consented battery energy storage development would be linked to the other wind turbines operated by the applicant in addition to those within the current application site. The implications of the current condition in relation to the consented solar farm development are discussed in the Analysis below. 10. The lifetime extension, the solar and BESS projects, and the proposed Crosbie Wind Farm are interlinked. Continued operation affects Crosbie's and Wardlaw Wood's technical and financial viability, as shown by the developer's objection to Crosbie. Determining this application in isolation risks prejudicing the Scottish Ministers' decision on Crosbie and failing to assess cumulative effects, contrary to NPF4 Policy 32 and the EIA Regulations. Approving dependent projects before determining whether the wind farm continues raises questions about deliverability and proper cumulative assessment. Response: The current application relates to a very specific issue and must be determined on its own merits. Given its very limited scope, that of the lifespan and decommissioning of an existing wind farm, it is not considered necessary to await the outcome of other unrelated applications. 11. The environmental and cumulative context has changed significantly since 2003. Prolonging the project delays site restoration and extends industrialisation of Muirshiel Regional Park. No cumulative impact assessment appears to have been undertaken, contrary to Regulation 4 of the EIA Regulations and NPF4 Policy 32. Response: See Analysis with respect to the national and local policy framework for renewable energy and specifically the handling of wind farm developments. Policy 32 of NPF4 addresses aquaculture and is not considered relevant to the current application. 12. Absence of community benefit and socio-economic considerations. NPF4 Policy 11 requires renewable developments to "maximise net economic impact, including local and
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community socio-economic benefits." This proposal offers none. It creates no new employment or investment and extends restrictions on public access and recreation, contrary to NPF4 Policy 14 and the Council's duties under the Equality Act 2010 and the Fairer Scotland Duty. Response: There is no new development proposed. Public access to the site is already available and this is not proposed to change. 13. A Section 75 planning obligation could secure mitigation, but none has been proposed. Response: As noted above, there is an existing Section 75 obligation in place which secures a financial bond for site restoration in the event of failure by the developer. 14. The proposed Crosbie Wind Farm offers approximately £396,000 per year in community benefit for 30 years (about £11.8m total). Approving this application without conditions risks blocking Crosbie and denying significant local benefit. This is a material consideration in assessing the public interest Response: This is not a material planning consideration and is of no relevance to the application under consideration. Ayrshire & Arran Bat Group - In general terms, older wind farms, such as this one, are less likely to have been designed and sited with a full consideration of bat conservation in mind. This, therefore, may result in large numbers of bat casualties over the course of the wind farms lifespan. This is as a result of the combination of lack of, or incomplete preconstruction bat survey work, and the siting and operation of turbines without adequate reference to the mitigation hierarchy. As we do not know the exact circumstances of the bat evaluation carried out, relevant to this particular wind farm and its subsequent lifespan request, we request that the following precautionary and proportionate requirements are made part of any S42 consent in order to mitigate for any significant effects on bats arising from this proposal. Response: Bat conservation was considered as part of the environmental impact assessment carried out for the original planning application between 2002 and 2005. The only matter under consideration is condition 1 of planning permission 02/00906/PP. Consultations Dalry Community Council (DCC) – does not object to the application but raise concerns about the consultation process. DCC considers that they should have been consulted at the start of the application process. However, in their response, DCC advise that they support renewable energy in principle and are not opposed in principle to extending the life of the existing site. DCC want a fair, lawful, transparent process, acts in the public interest, and not for any individual. They state that Wardlaw Wood Wind Farm and Dalry Community Wind Farm are the same site. The site pays community benefit to the Dalry Parish Boundary Trust. The current application seeks a 10-year extension to October 2038 with no new turbines. They note that the original Environmental Impact Assessment is from 2003 and that a solar farm and a battery storage facility have since been consented within the site boundary. These projects rely on the wind farm’s infrastructure. They have requested that the Council issue a fresh EIA screening for this Section 42 application and publish the reasons. If screening identifies gaps, please seek updated environmental information on
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cumulative effects. They also request that the application is requested against NPF4 Policy 11 on maximising local socio-economic benefit, Policy 14 on health and access to green space, and Policy 3 on biodiversity. Extended operation delays restoration and prolongs impacts within the regional park. If the Council is minded to grant planning permission, DCC requests proportionate mitigation secured by conditions or a Section 75 agreement tied to impacts, including: • Safe public access measures and path improvements where appropriate. • Habitat and peatland enhancement during the extended term. • An updated decommissioning and restoration bond sized to the 2038 end date. Response: Noted. Taking each of the points raised in turn: All community councils in North Ayrshire are sent a weekly list of planning applications that have been validated by the Council. This is the trigger for planning consultations thus enabling community councils to put forward their views on any application either in their area or elsewhere. Nonetheless, Dalry Community Council contacted the Planning Service on 2nd October requesting that they be consulted. In response, they were provided with 14 days in which to submit any comments and duly responded on 15th October 2025. Dalry Community Council’s request for a fresh screening opinion is noted but not supported. The application seeks to amend a planning condition in relation to the duration of the planning permission for the six-turbine wind farm at Wardlaw Wood, known as Dalry Community Wind Farm. It is not considered that the proposed extension of time would directly result in any additional significant environmental effects. The application requires to be assessed only in relation to condition 1 of the planning permission: the development is operational and only the duration of the planning permission is under consideration at this time. The relevant provisions of NPF4 and the North Ayrshire LDP are discussed in the Analysis section below. There is no requirement for “additional” mitigation arising from the proposed extension of time. The scope of the application relates to the wording of condition 1 and nothing more: if the Council do not consider that the proposed extension of time is appropriate, it has the power to refuse the application. As noted elsewhere in this report, it is not proposed to alter any physical characteristics of the development. Public access to the site is, and would remain, available. No ground disturbance is proposed in the application. Habitat and peatland enhancement is outside the scope of the proposal and has not been applied for. It would be unreasonable, and contrary to the parameters for section 42 applications, for the planning authority to require works outside the scope of the proposed amendment to condition 1. If approved, the revised text of condition 1 would provide for an updated decommissioning plan. Finally, regardless of the outcome of the application, there is a restoration bond in place under the existing Section 75 obligation in the event that the applicant (or any successor in title) is unable to fulfil its obligations in this respect.
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NAC Environmental Health - No objections. NATS (En route) plc - No objections. Ministry of Defence - No objections. Glasgow Airport - No objections. Prestwick Airport - No objections. Response: Noted. 3. Analysis Section 42 of the Town and Country Planning (Scotland) Act 1997 is a statutory mechanism which allows for the submission of a planning application without complying with condition(s) subject to which a previous permission was granted. As noted above, Section 42 of the Act stipulates that in this type of application the "planning authority shall consider only the question of the conditions subject to which permission should be granted." The main determining issue in this case is whether the proposed amendments to condition 1 would accord with the relevant development plan policies for the site and in respect of any other material planning considerations. National and local government policy supports all forms of renewable energy developments, including the life extension of existing wind farms. NPF4 Policy 11 a) states that "development proposals for all forms of renewable, low-carbon and zero emissions technologies will be supported. These include: i. wind farms including repowering, extending, expanding and extending the life of existing wind farms;" Part of of Policy 11 states that, whilst "consents for development proposals may be time-limited... areas identified for wind farms are, however, expected to be suitable for use in perpetuity." Similarly, Policy 29 of the adopted North Ayrshire LDP supports wind farm developments, subject to meeting a range of criteria, including establishing the use of the site for energy infrastructure development. In this case, no new development is proposed and the only matter for consideration is the duration of the planning permission and its subsequent decommissioning. Extending the lifespan of a wind farm development is supported once a site has been established. Policy 29 states that "proposals should include redundancy plans which will demonstrate how apparatus will be timeously removed as reasonably soon as the approved scheme ceases operation." The site operator advises that the current wind turbines on the site are fully operational and will continue to operate during the coming decade. The turbines are maintained by a specialist contractor, Vestas, who have a local depot based in Dalry. The applicant states that the windfarm is still operating and that the turbines are capable of producing electricity during the coming decade. There are no community, safety or environmental reasons to indicate otherwise. As such, the proposals to extend the life of the wind farm accord with the development plan. The eventual decommissioning of the wind farm would be addressed in the proposed variation to condition 1. There is no evidence available to indicate whether or not there was a technical reason as to why 6th October 2028 was chosen as the expiry date for the planning permission, other than
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being 25 years and one week from the date the application was considered by the Council's Planning Committee. The turbines started operating in June 2006. As stated above, 25 years of operational life would take until June 2031, yet condition 1 requires decommissioning and restoration by 6th October 2028. In effect, the lifetime extension would amount to just over 7 years more than the "nominal" 25 years identified by the applicant when they originally applied during 2002. The applicant has proposed the following text as an amendment to condition 1: Condition 1a. Permission for the development shall apply from the date of approval and the development will cease to generate electricity by no later than the 6th of October 2038. Reason: To reflect the lifetime of the development Condition 1b. That, unless otherwise agreed in writing by North Ayrshire Council as Planning Authority, the site shall be decommissioned after 35 years of becoming operational. A decommissioning plan shall be submitted for the written approval of North Ayrshire Council as Planning Authority during the 34th year of operation, which shall include details of restoration and aftercare for the site. Thereafter, the decommissioning plan shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority. Reason: To safeguard the amenity of the site and its surroundings. Scottish Government Planning Circular 4/1998 sets out the tests for planning conditions, as follows: - Need for a condition - Relevance to planning - Relevance to the development to be permitted - Ability to enforce - Precision - Reasonableness The two parts of the proposed amendment could be combined into a single condition in accordance with the Council’s standard procedures for drafting conditions. Amendments to the applicant's proposed wording would bring the text into compliance with the tests of Circular 4/1998. It is recognised that the text of the existing condition, with regards to the restoration of the site "to its former condition" is imprecise and unlikely to be achievable. In order to restore the land to its "former condition" would require the planting of a coniferous forestry plantation (this being the former use of the site before the development took place). This would not be readily achievable and may not be desirable for other reasons, including habitat impacts and the need for permission from Scottish Forestry. Furthermore, planning permission was granted for the development of a solar array on the land during 2024 (ref. 24/00773/PP). The solar array would utilise the ground on which the wind farm has been developed, without interfering with the turbines, and has an expected lifetime of 40 years from its commissioning. Replanting a coniferous woodland would not be compatible with the consented solar array development, assuming its implementation. Thus, the current text is incompatible with national policy on addressing the nature and climate crises as well as the more recent planning permission on the land.
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The date set by the existing condition is also arbitrary, in that it takes no account of the time it took to negotiate and conclude a Section 75 obligation and does not distinguish between the operational and restoration phases of the development. Rather than providing the 'nominal' 25 years of electricity envisaged by the applicant, the existing condition, in effect, provides just over 22 years between commissioning and site restoration. Given the lengthy timescale required for decommissioning and site restoration, there would be less than 22 years available for electricity generation. Consideration must also be taken of the national planning policy which states that areas identified for wind farms are "expected to be suitable for use in perpetuity." The fundamental test, that of the need for a condition, must therefore be satisfied. Whilst national planning policy establishes that areas identified for wind farms are "expected to be suitable for use in perpetuity" it is reasonable to expect that large items of mechanical plant such as wind turbines will require to be replaced at some point simply due to their age and deteriorating condition. Wind turbine technology continues to evolve, thus, the turbine specifications of the early 2000s are likely to be superseded by the 2030s. Accordingly, the need for a time limit condition is met. However, it must be sufficiently clear and precise as to the duration of the planning permission and what is then expected of the site operator upon the end of the operational phase. Taking these factors into account, it is proposed to amend the text of condition 1 as follows: 1. Condition 1 of planning permission N/02/00906/PP shall cease to have effect and shall be replaced as follows: (a) the wind farm development on the land (as granted planning permission on 14th June 2005 and commissioned during June 2006) will cease to generate electricity not later than midnight on 6th October 2038; (b) within the year prior to 6th October 2038, an updated decommissioning plan for the wind farm development shall be submitted by the site operator for the written approval of North Ayrshire Council as Planning Authority. The decommissioning plan shall include details of restoration and aftercare for the wind farm development together with a detailed timetable for its implementation; (c) the decommissioning plan as may be approved under part (b) shall be implemented by the site operator to the satisfaction of North Ayrshire Council as Planning Authority. Reason: To extend the lifetime of the wind farm development whilst ensuring that the redundant plant and equipment is removed and the land restored to a satisfactory condition upon the end of its operational life. In summary, the current wording of condition 1 would provide far less than the anticipated 25 years operational time, since the condition was drafted in such a way as to prevent even the "nominal" lifespan from being achievable, since no account was taken of the lead-in time between authorising the development, concluding the consent and constructing/commissioning the turbines. In addition, the turbines are estimated to have more than a decade of serviceable use ahead, exceeding the original expectations of the developer. The proposed change to condition 1 would extend the operational life of Wardlaw Wood wind farm until 6th October 2038, giving a total operational lifetime of 32 years and 4 months. Although ten years later than the limits set by the current condition, this represents an additional seven years and four months of operational time, after which the
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development would require to be decommissioned, and the affected land restored. If any of the turbines becomes redundant before then, condition 2 of the original planning permission requires their removal (and this condition would not change). Controls over noise impacts (conditions 15 and 16) would also remain extant. In conclusion, the application to amend condition 1 of planning permission N/02/00906/PP accords with the development plan and there are no material considerations to indicate otherwise. Approval of the application is therefore recommended, subject to the condition set out below. 4. Full Recommendation Approved subject to condition Condition 1. Condition 1 of planning permission N/02/00906/PP shall cease to have effect and shall be replaced as follows: (a) the wind farm development on the land (as granted planning permission on 14th June 2005 and commissioned during June 2006) will cease to generate electricity not later than midnight on 6th October 2038; (b) within the year prior to 6th October 2038, an updated decommissioning plan for the wind farm development shall be submitted by the site operator for the written approval of North Ayrshire Council as Planning Authority. The decommissioning plan shall include details of restoration and aftercare for the wind farm development together with a detailed timetable for its implementation; (c) the decommissioning plan as may be approved under part (b) shall be implemented by the site operator to the satisfaction of North Ayrshire Council as Planning Authority. Reason To extend the lifetime of the wind farm development whilst ensuring that the redundant plant and equipment is removed and the land restored to a satisfactory condition upon the end of its operational life. Allan Finlayson Chief Planning Officer For further information please contact Mr A Hume Planning Officer on 01294 324318.
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