Fermanagh and Omagh District Council

Transcription

1 Fermanagh and Omagh District Council Planning Committee Meeting 9 April 2015 Report by Principal Planning Officer K/2014/0186/F: Proposed installation of a wind turbine on a tubular tower with a blade tip of 50.0M height and switch room/sub station and associated ancillary works. Purpose of report 1.0 The purpose of this report is to present for determination an application for planning permission to be considered by the Planning Committee. The applications falls within the meaning of a "local" application as defined in the Planning (Development Management) Regulations (Northern Ireland) The application had not been determined by the Department of Environment as the applicant lodged an appeal against a non-determination. 1.1 The Department had considered the application and had presented two reasons for refusal to the Planning Appeals Commission. These are: i) The proposal is contrary to Policy RE1 of Planning Policy Statement 18 renewable Energy in that it has not been demonstrated that the development will not cause significant harm to the amenity of existing and future sensitive receptors in this rural area by reason of noise. ii) The proposal is contrary to Policy RE1 of Planning Policy Statement 18 Renewable Energy in that it has not been demonstrated that the development will not cause significant harm to the amenity of existing and future sensitive receptors in this rural area by reason of shadow flicker. Officials are now presenting the application before the Committee for decision, having regard to the Departments of Environments previous decision to the Planning Appeals Commission to refuse planning permission. Should the Committee take a contrary decision, the Planning Appeals Commission will be notified. Application details 2.0 Site description: The site is located 232m south west of No 51 Effernan Road, Dreigh, Trillick. The location of the turbine is near to the crest of a drumlin in the wider landscape. Access is via an existing agricultural track. It is part of a wider agricultural field defined by a wire and post fence along the roadside with the remainder of the field boundaries a low hedgeline. The site of the turbine itself is relatively flat.

2 The surrounding area is characterised by roiling drumlin landscape of agricultural fields. There are several dwellings and farm groupings in the wider area with two existing turbines nearby. 2.1 Proposed development: The application was initially for a 66M turbine however it has been amended by the applicant. The proposal is now for a steel tubular turbine painted white. The hub height is 40m high with a blade diameter 20m and it is a 3 blade turbine. Maximum power output is 150kW with the turbine proposed a Ecotechnia 150kW turbine. 2.2 Drawings: Drawing No 01, site location plan dated received 23 March 2015 Drawing No 02, block plan date stamped received 23 March 2015 Drawing No 03 elevations of turbine date stamped received 23 March Consultations and issues raised 3.1 Northern Ireland Environment Agency, Natural Heritage has no concerns from the proposed development subject to an informative drawing the applicants attention to the Conservation (Natural Habitats etc.) Regulations (NI) Omagh District Council Environmental Health Department has commented on the application. Their reply is confined to issues related to potential noise impact. The nearest noise sensitive (other than the applicant s house) is 225M to the North East of the turbine. A noise impact assessment is required which must also take into account other houses and committed developments along with the cumulative impact along with other turbines approved and constructed nearby. 3.3 NI Water has assessed the proposal with regard to the fixed radiolinks and ST radiolinks that they operate and has no objection. (reply from Arquiva on behalf of NIWater) 3.4 Northern Ireland Electricity has raised no objection to the proposed development. 3.5 Defence Infrastructure Organisation Safeguarding commenting for the Ministry of Defence has no objections 3.6 National Air Traffic Safeguarding has examined the proposal and has no safeguarding objection to the application. 3.7 Belfast International Airport has examined the proposal from an aerodrome safeguarding aspects and comments that it does not conflict with BIA safeguarding criteria. They recommend that a red light s included at the highest point of the turbine. 4.0 Representations No representations have been received. 5.0 Planning History No planning history on the site.

3 One planning approval nearby material reference K/2012/0131/F for a new dwelling approx. 150metres from the site of the turbine. 6.0 Assessment against Development Plan The lands are within the outside of any settlement limit in the Omagh Area Plan and is within the countryside 7.0 Assessment against other material considerations Planning Policy Statement 21 Sustainable Development in the Countryside is material as the development within the countryside. One of the range of exceptions listed in Policy CTY 1 of PPS 21 is for applications for renewable energy projects in accordance with PPS 18. PPS 18 is supported by a Best Practice Guidance and by Supplementary Planning Guidance entitled Wind Energy Development in NI s Landscapes. It follows that if the development complies with PPS 18 then it complies with Policy CTY 1 of PPS 21. Planning Policy Statement 18. The aim of PPS 18 is to facilitate the siting of renewable energy generating facilities in NI within the built and natural environment in order to achieve NI renewable energy targets and realise the benefits of renewable energy. However this permissive policy is moderated by the objectives set out within the Policy which includes ensuring that the environment, landscape and visual amenity impacts associated with or arising from renewable energy development s are adequately address and that there is adequate protection of the Region s built and cultural heritage features. The Policy head note makes it clear that to be acceptable proposals for renewable resources must meet five criteria and an additional seven requirements. Public safety, Human Health and Residential Amenity The nearest occupied dwelling is the applicant s property which is approx. 240m to the NE and is part of a farm group of buildings. There are a number of other houses nearby with the closest 3 rd party approx. 300mts to the east of the site. The applicant has submitted a noise report on 31 st March 15 which has been forwarded to Environmental Health. EH have commented that all the relevant noise sensitive receptors have been identified in the report. Their comments can be summarised as: i) No consideration has been taken of an appeal decision relevant to the appeal ii) The conditions attached to nearby appeal include a relevant noise condition which will directly impact upon cumulative noise predictions and the methodology to be applied in making noise predictions iii) Background noise data presented cannot be relied upon and the data collected is limited. iv) Noise data presented for the proposal is limited and cannot be relied upon without appropriate tests. v) Additional predictions should be completed for scenarios that certain turbines do not proceed.

4 The EH comments indicate that additional information is required and this is reflected in the reasons for refusal No 01: The proposal is contrary to Policy RE1 of Planning Policy Statement 18 renewable Energy in that it has not been demonstrated that the development will not cause significant harm to the amenity of existing and future sensitive receptors in this rural area by reason of noise. In relation to human health and public safety the policy guidance states that there is no evidence that ground transmitted low frequency noise from wind turbines is at a sufficient level to be harmful to human health. For smaller wind turbines a fall over distance (i.e. the height of the turbine to the tip of the blade) plus 10% is often used as a safe separations distance. There are no properties within the fall distance. Visual Amenity and Landscape Character By their nature wind turbines often require exposed sites to take advantage of the wind and a degree of prominence is unavoidable. The site is located within LCA 15 Irvinestown farmland as designated in the Wind Energy Development in NI Landscapes written by NIEA. This LCA offers a broad degree of enclosure and potential screening for new turbines and is classed as medium to high sensitivity. The proposed site is near to the summit of a rolling drumlin and there are no long exposed critical views given the rolling drumlin landscape and surrounding roadside hedges which filter and screen views. Although a large structure the turbine will only be seen along short stretches of the road in the local area. Biodiversity, Nature Conservation or Built Heritage NIEA Natural Heritage were consulted and replied with no objections subject to an informative relating to the habitats and protection of species. There are no listed building s nearby. Local natural resources such as air quality or water quality The turbine will have no impact upon air quality or water quality Public access to the Countryside The turbine is sited on private land and will not impact upon any public rights of way. Policy RE1 also requires compliance with 7 additional criteria: (i) (ii) (iii) Visual impact: for the reasons listed previously the turbine will be visually acceptable when viewed from public vantage points as the topography will limit views and screen the lower parts of the turbine. Any views will be short term and intermittent. Cumulative impact: the proposal will read together with two other turbines in the wider area however they are sufficiently separated to retain the character of the area and will not have an adverse impact upon the area. Bog burst: the land is active bog and there is no concern over bog burst, The turbine is sited in a relatively flat part of the site and will include a concrete foundation to ensure that there is no risk of landslide

5 (iv) (v) (vi) (vii) Electromagnetic interference: Ofcom have been consulted and identified a number of fixed links in the area however the turbine does not affect any of these. There is no evidence that TV and radio reception will be affected. If this occurs it is of a predictable nature and measures such as aerial redirection/upgrade or the installation or modification of a local repeater station or cable connection can alleviate any issues that arise. Roads or aviation safety: the turbine is outside the fall distance from the public road and BIA have no objections in relation to aviation safety subject to the installation of a light beacon. Development will not cause significant harm to safety or amenity of sensitive receptors. These are defined as habitable residential accommodation, (although not necessarily occupied) hospitals, schools and churches. This has been commented upon previously. For the reasons listed the applicant has not demonstrated that the development will not cause significant harm to the amenity of existing and future sensitive receptors in this rural area by reason of noise. In addition the applicant has not supplied a shadow flicker report to demonstrate that the development will not cause significant harm to the amenity of existing and future sensitive receptors in this rural area by reason of shadow flicker. Restoration of the land: this can be conditioned post consent for a restoration plan to be supplied and agreed with the Council before any commencement occurs. 8.0 Recommendation The application fails to meet Policy RE 1 of PPS 18 by reason of the potential impact upon nearby sensitive receptors and committed development from noise and shadow flicker. It is recommended that the application be refused subject to the reasons listed in para 1.1.