Derry City and Strabane District Council Planning Committee Report

Transcription

1 Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 4 th July 2018 APPLICATION No: APPLICATION TYPE: PROPOSAL: LOCATION: APPLICANT: AGENT: A/2014/0558/F Full Application Installation of a wind turbine with tower height of 40m and a blade span of 30m, accessed via an existing laneway Lands 800m west of 7 Sheriffs Road, Derry City Mr G O Doherty Gerard McPeake ADVERTISEMENT: 25 th November 2014 STATUTORY EXPIRY: 19 th December 2014 RECOMMENDATION: REFUSE REASON FOR PRESENTATION TO COMMITTEE: Wind Turbine / Recommendation to Refuse All planning application forms, drawings, consultation responses, letters etc. relating to this planning application are available to view on 1. Description of Proposed Development The proposal is for a single 150kW wind turbine with a hub height of 40 metres and 30 metre rotor diameter giving an overall height of 55 metres to blade tip. 2. EIA Determination The proposed development is within the scope of Schedule 2-3 (J) of the Planning (Environmental Impact Assessment) Regulations (NI). Consequently, an environmental determination was carried out and the Council determined that the planning application did not need to be accompanied by an Environmental Statement.

2 3. Site and Surrounding Area Figure 1: Site location plan The site proposed is part of an agricultural field. The site is accessed off Blighs Lane near the junction with Sheriffs Road. The site is adjacent to the border with the Republic of Ireland. The site is located within LCA32 Derry Slopes which is located in the open countryside and outside the development limits of Derry City as defined in the Derry Area Plan This LCA has a medium to high sensitivity rating and has had a number of turbines refused in the immediate vicinity. The site is not located within an Area of Outstanding Natural Beauty or any area indicated within the Area Plan as being of particular conservation or amenity value. However, assessment of the visual impact of wind energy development is not restricted to designated landscapes. There are a number of telecommunications masts in this area, however overall the area character of the area remains rural and is characterised by rolling open countryside.

3 4. Site Constraints The application site has constraints in that it is in an area of safeguarding for City of Derry Airport. 5. Neighbour Notification Report The below neighbours were notified on and : 84 Sheriffs Road, Derry, BT48 0JS 85 Sheriffs Road, Derry, BT48 0JS 6. Relevant Site History There are a number of planning applications for single wind turbines in the vicinity of the application site as well as applications for single turbines which have been recommended for refusal and subsequently withdrawn. Figure 2: Location of proposed wind turbine (3) and nearby applications and refused wind turbines Applications recommended for Refusal- subsequently withdrawn 1. A/2010/0386/F- 45m turbine- 140m north west of 12 Heather Road, Creevagh Upper, Derryrecommended refusal on PPS18 visual amenity and airport safeguarding- Withdrawn May 2012

4 2. A/2010/0630/F-45m turbine- 80m north east of 14 Heather Road, Upper Creevagh, Derryrecommended refusal on PPS18 visual amenity and airport safeguarding Withdrawn May 2012 Wind Turbines in the vicinity 3. A/2014/0558/F- this application 4. A/2014/0567/F- 30M turbine- refusal issued April 2017, contrary to PPS18- visual impact. 5. LA11/2015/0529/F- 30M turbine, Withdrawn in August LA11/2015/0347/F- 30M turbine- refusal issued April 2017, contrary to PPS18- visual impact and contrary to PPS18- failure to demonstrate if there would be a residential impact in terms of noise and shadow flicker. 7. Policy Framework Regional Development Strategy for Northern Ireland 2035 Derry Area Plan 2011 Strategic Planning Policy Statement for Northern Ireland: Planning for Sustainable Development Planning Policy Statement 3: Access, Movement and Parking Planning Policy Statement 21: Sustainable development in the Countryside Planning Policy Statement 18: Renewable Energy Best Practice Guidance to Planning Policy Statement 18: Renewable Energy Wind Energy Development in Northern Ireland's Landscapes (Supplementary Planning Guidance, SPG) 8. Consultee Responses City of Derry Airport (CODA) - Response states that this proposed turbine would breach protected airspace and in particular runway 8 for the airport. The agent has stated that he has worked it out on a map and they don t need to reduce the turbine to 20metres to hub as requested in the airports response of the 11 th August The manager of CODA advised Planning via on that due to the shielding effect of the adjacent telecommunications masts CODA will

5 be able to mitigate the infringement by the turbine of the City of Derry Airport protected surfaces radar? and would therefore not seek a reduction in the proposed height. Environmental Health - A noise report was requested from the agent initially in September 2015 but no information was submitted. Agent had not decided on height of turbine due to the issues with City of Derry Airport and the turbine type was required in order to carry out an assessment. An acoustic assessment was submitted to Council on and EHS re-consulted. They have concluded that the noise assessment demonstrates that noise emissions from al the proposed candidate turbines will not breach the ETSU-R-97 noise limits derived from the background levels collected. They note the withdrawal and refusal of nearby turbines which leaves noise capacity in the area EHS therefore have no objection to the proposal and have provided proposed conditions should approval be granted. DFI Roads - had requested a transport form to be filled out and had requested an accurate and detailed site survey, this was requested from the agent and DFI Roads re-consulted. They advised that the proposal is acceptable subject to conditions. Ofcom, Westica, Belfast Airport and Ministry of Defence s Safeguarding Department - have no objections to the development. NIEA - Originally raised concerns but further information (a Habitat Survey & Habitat Management Plan) was submitted in February 2017 and they have cleared the application with proposed mitigation measures. SES This consultee consider this proposal with regards potential impacts it may have on Special Protection Areas, Special Areas of Conservation and Ramsar sites has been assessed in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended). They concluded that the proposal would not be likely to have a significant effect on the features of any European site. NI Water telecommunications NI Water raised and objection raised in relation to the infringement of NIWs network of radio links. NI water are not prepared to redesign or relocate current telecommunications network elements. Due to the amended co-ordinates, they

6 reassessed the proposal with regard to both the fixed radiolinks and ST radiolinks that NIW operate, and can therefore have concluded that they have no objection. 9. Representations Consideration An of support from Councillor Sandra Duffy of Sinn Fein received on 22 nd May. 10. Planning Assessment and Other Material Considerations Section 6 (4) of The Planning Act (Northern Ireland) 2011 requires the Council to make planning decisions in accordance with the local development plan (LDP), unless material considerations indicate otherwise. The Strabane Area Plan operates as the LDP. It does not contain policy specific to wind energy development. The site is located in the countryside. Current regional policy for consideration of development in the countryside is provided by Planning Policy Statement 21: Sustainable Development in the Countryside (PPS21) which is identified by the SPPS as a retained policy document. The SPPS is also a material consideration. It introduces transitional arrangements which will operate until the Council s Plan Strategy has been adopted. During this period planning authorities will apply the existing policy (contained in the PPSs, referred to as the retained policy) together with the SPPS. Policy CTY 1 of PPS21 lists the range of types of development which in principle are considered acceptable in the countryside and that will contribute to the aims of sustainable development. Renewable energy projects such as applications for wind turbine development will be acceptable where the proposal accords with the provisions of PPS18. PPS18 Policy RE1 Renewable Energy Development The SPPS and Policy RE 1 of PPS 18 are both supportive of projects for renewable energy provided they will not result in any unacceptable adverse impacts with regards to the following criteria a e which has been assessed below.

7 Visual Amenity & Landscape Character The supplementary planning guidance Wind Energy Development in Nis Landscapes (SPG) identifies LCA 32 as having a high to medium sensitivity to wind turbine development. This LCA s gateway role and proximity to the historic city of Derry and the Foyle increases its sensitivity to wind energy development, which could be highly visible. These western slopes frame the city and provide a scenic landscape setting. However, the undulating slopes and urban fringe areas, particularly where already affected by manmade influences, might be somewhat less sensitive to development that is carefully sited and appropriate in scale. The SPG expands on this and states that the undulating hills are located in the southern section of the LCA. It is considered that this is referring to the low lying hills around the settlements of Killea and Nixon's Corner. This site would not lie within this area. The site lies on the higher slopes in and around Minkey Hill. In terms of assessing the likely visual impact of the proposal a number of viewpoints have been considered and Council has carried out a visual assessment of this proposal as detailed below. The applicant was asked to provide a visual assessment of the proposal taking into account the nearby existing and approved wind turbine developments but the applicant declined to provide this information. Figure 3: View towards the site from south west of the site in the St. Johnston area of the ROI Figure 3 is a long range view taken from various points to the south west of the site. From this view, the site appears to be on the higher part of the slopes between Killea Hill and Creevagh Hill. Given the site's location, it is considered that a turbine of the height proposed will appear above the hill,

8 thus prominent in the rural landscape and as a result would have an unacceptable adverse visual impact. It is visually linked and read with the nearby mast and read with it. Figure 4: View towards the site from south east of the site, from the east side of the river Foyle (Woodside Road). Again these are long range views. Given its location, a turbine of the scale proposed will appear as very prominent and creating an unacceptable adverse visual impact. Figure 5: View towards the site from across the River Foyle at the Top of The Hill (at a closer range). The turbine whilst having a partial backdrop of the hill behind will still be highly visible and prominent in the landscape from this location. It is visually linked and read with the nearby masts and read with it which would result in a cluttered appearance on a prominent site above the City.

9 Figure 6: View towards the site from the entrance to the multi-storey at Ebrington. From this viewpoint at Ebrington, a major tourist attraction for the city and historical site, the proposed turbine sited on the upper Derry Slopes will visually link with the existing masts and will unacceptably read with the Historic City in particular the Guild Hall, Harbour House, St. Colms Cathedral and St Eugene s Cathedral. Additionally, from the front of the Ebrington site (on the east bank of the River Foyle) the turbine will be particularly in view with the Historic City. Figure 7: Local view towards the site from Sheriffs Road From this viewpoint the turbine will be fully visible but this will be a close range roadside view.

10 The Best Practice Guidance which accompanies PPS18 states at paragraph that, among other factors, the landscape and visual impact of wind turbines is influenced by: Landform Number, size, and layout of turbines and their inter-relationship Visual receptors. Figure 8: Turbine Proposed Figure 8 above shows the dimensions of the proposed turbine. It is 55m in height to blade tip with a 40m hub height. Given the scale of the proposed turbine, the prominent location, alongside its lack of screening or backdrop, it is considered that the turbine would have an unacceptable adverse impact on the visual amenity and landscape character of the surrounding countryside and the setting of the city.

11 Whilst it is acknowledged that the proposed turbine will be set at a lower level on the slopes of the ridge as opposed to the summit, its impact on the cityscape is considered detrimental to the visual amenity and the character of the landscape. In this respect, the proposal is contrary to the SPPS and Policy RE 1 of PPS 18, due to its unacceptable visual impact. Public Safety, Human Health & Residential Amenity Shadow Flicker In terms of residential amenity, the area potentially affected by shadow flicker is 10 times the rotor diameter of the wind turbine for 130 degrees either side of north. The best practice guidance to PPS 18 recommends that shadow flicker should not be exceed 30 minutes per day or 30 hours per year at neighbouring dwellings within 500 metres. The sun rises at a maximum 65 degrees north of west and sets at a maximum 65 degrees north of east. Consequently shadow flicker only creates a problem if a dwelling is located within the 130 degree central area to the east and west of the turbine. There are no dwellings within the area of shadow flicker. Therefore the development will not cause significant harm to residential amenity in this respect. Noise Impact In terms of noise, the applicant has submitted an acoustic assessment in an attempt to address the issues raised by Environmental Health in relation to the impact this proposal would have on potential noise sensitive receptors. EHD are content with the information provided within this report subject to conditions. Therefore the development will not cause significant harm the amenity of any nearby properties in terms of noise and the proposal complies with Policy RE 1 of PPS 18. Ice Throw and Falling Distances With regard to ice throw, the best practice guidance states that the build-up of ice on turbine blades is unlikely to present problems on the majority of sites in Northern Ireland. Even where icing does occur the turbines own vibration sensors are likely to detect the imbalance and inhibit the operation of the machines. This turbine is sited approximately 500m from the public road, and the existing dwelling is approximately 480m from the turbine. The separation distances quoted above are

12 therefore considered sufficient to ensure public safety in respect of falling distance of the proposed turbine. Electromagnetic interference Consultation has been carried with regards to the impact of the turbine upon communications installations, telecommunications equipment, as well as aviation and defence authorities. objections have been raised. No Environmental, Economic, Social Benefits In terms of the potential wider environmental, economic and social benefits of the development, the agent has not indicated if the electricity will go to the grid or for domestic/business use purposes. These wider economic, environmental and social benefits have not been afforded determining weight in this case. Biodiversity / Nature Conservation / Built Heritage / Local Natural Resources The site is located in an area of heathland to which NIEA had initially raised concerns. Following consideration of the Habitat Management Plan submitted, they are content that subject to a condition requiring submission of a full Habitat Management Plan prior to the commencement of development, any areas of concern can be identified and mitigated against appropriately. Due to the nature and location of the proposal it is unlikely to have a detrimental impact on local natural resources. The turbine s blade length results in a blade sweep area which may impact detrimentally on birds and bats. Accordingly a habitat survey is required to ascertain if there is likely to be an impact on natural heritage interests. The agent has submitted ornithological surveys and bat surveys and NIEA consulted. They are content with the surveys and the mitigation methods offered. Therefore it is considered that there is that the proposal will not have a significant impact upon any biodiversity or nature conservation interests contrary to PPS 18 and PPS 2.

13 Public Access to the Countryside The proposed turbine will use the existing access off Blighs Lane and DFI Roads have been consulted and have no objections. It is therefore considered that the proposed development would not prejudice the safety and convenience of road users and those accessing the countryside. 11. Conclusion and Recommendation In conclusion, the proposed turbine is considered unacceptable on this prominent site thus having an unacceptable adverse impact on the visual amenity and landscape character of the surrounding countryside and the setting of Derry City. The above consideration has demonstrated that the proposed turbine will be viewed and visually linked with the nearby telecommunication masts from various vantage points and public roads/areas around and within the City. On balance, refusal is recommended on the grounds of unacceptable impact on the visual amenity of the rural landscape character and the setting of the wider cityscape. 12. Refusal Reasons 1. The proposal is contrary to the Strategic Planning Policy Statement for Northern Ireland: Planning for Sustainable Development and Policy RE 1 of Planning Policy Statement 18: Renewable Energy, in that the development will have an unacceptable adverse visual impact on the countryside and the setting of the wider cityscape