Proposed 40m high 250kw wind turbine to provide electricity for farm yard with excess exported to grid

Transcription

1 Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 6 th April 2016 APPLICATION No: APPLICATION TYPE: PROPOSAL: LOCATION: APPLICANT: AGENT: J/2012/0377/F Full Proposed 40m high 250kw wind turbine to provide electricity for farm yard with excess exported to grid 835m north of 20 Glengoorland Road, Dunamanagh James Dunn McCormick Design ADVERTISEMENT: STATUTORY EXPIRY: RECOMMENDATION: Refuse REASON FOR PRESENTATION TO COMMITTEE: This application has previously been deferred following a refusal recommendation by DOE Planning. Following reconsideration by Council, an additional Refusal Reason has also been added. All planning application forms, drawings, letters etc. relating to this planning application are available to view on 1. Description of Proposed Development This proposal is for a 40m high 250kw wind turbine to provide electricity for farm yard with excess exported to grid. 2. EIA Determination An EIA Determination has been undertaken but it was decided that the planning application did not require to be accompanied by an Environmental Statement.

2 3. Site and Surrounding Area The site lies within an open agricultural field and is approached by way of an existing laneway which runs from the Glenagoorland road near the Slievekirk area. It is located approximately 4-5 km north of Donemana village. The site is located within an upland area of open countryside as identified in Strabane Area Plan The site is within LCA 30 Sperrin Foothills as per the SPG to accompany PPS18 Wind Energy Development in Northern Ireland s Landscapes. The area maintains a rural setting and is characterised by agricultural fields, bog and some conifer plantations. There are two operational wind farms, i.e. Slieve Kirk north-east of the site and Curryfree north-west of the site. J/2012/0378/F is an application for a single wind turbine immediately to the west of this site and J/2010/0363/F is a single wind turbine which has been approved but yet to be constructed. It is also west of the application site. Site Location Plan 4. Site Constraints The application site has no specific site constraints 5. Neighbour Notification Report No neighbour notification is required given that the application site is more than 90m from any property.

3 6. Recent Relevant Site History APP REF PROPOSAL SITE ADDRESS DECISION DATE J/2013/0059/O Erection of detached replacement one and a half storey dwelling 320m NE of junction of Bigwood Road and Carrickatayne Road J/2012/0378/F Proposed 40m high 250kw wind turbine to provide electricity for farm yard with excess exported to grid 835m north of 20 Glengoorland Road Under consideration J/2010/0363/F Erection of a wind turbine (250kw max.) with a tower height of 40m. Approx. 790m. North East of Bigwood Road & Glenagoorland Road junction J/2010/0006/F Replacement dwelling and garage (change of housetype (J/2007/0202/F) 20 Glengoorland Road, Donemana, Co. Tyrone J/2007/0202/F Proposed two storey replacement dwelling and domestic garage 20 Glengoorland Road, Donemana, Co. Tyrone J/2005/0211/F Amendment to proposed wind farm comprising a reduction from 15 to 9 wind turbines Townlands of Carrickatane, Castlemellan, Cullion, Gortmellan & Taboe Glebe (Co. Tyrone) and Tirkeeveny & Killymallaght (Co. Derry) A/2004/1243/F Amendment to proposed windfarm to include a reduction from 8 to 6 wind turbines Curryfree, Curryfree Hill (in the townlands of Curryfree, Creevedonnell, Lisglass & Carnafan) County Londonderry

4 7. Policy Framework Regional Development Strategy for Northern Ireland 2035 (RDS) Strabane Area Plan 2001 Strategic Planning Policy Statement for Northern Ireland (SPPS) Planning for Sustainable Development PPS 21: Sustainable Development in the Countryside (PPS 21) Policy CTY 1 Planning Policy Statement 18: Renewable Energy (PPS 18) Policy RE1 - Renewable Energy Development Best Practice Guidance to PPS 18 - Renewable Energy Supplementary Guidance Wind Energy Development in Northern Ireland s Landscapes 8. Consultee Responses DIO MOD have no objection subject to a condition requiring the fitting of an aviation warning light. DIO LMS have no objection. NATS have no objection. JRC have no objection. Transport NI have request 2.4 x 35 sight lines. Environmental Health have requested further information required as the data used is considered insufficient. OFCOM have returned a nil response. 9. Representations No representations have been received. 10. Previous Council Deferral This application was previously recommended to the Strabane District Council s Planning Committee meeting on for refusal as there was insufficient information to demonstrate that nearby residents would not be exposed to unacceptable levels of noise. The application was deferred to allow the applicant to submit further information in support of their application. There has been a substantial period of time, 16 months, since the application was deferred. In this time no further information has been submitted by the applicant despite the applicant/agent agreeing to do so at the Deferred Office Meeting and following a further request by Derry City and Strabane District Council

5 on 11 th February As a result the issues regarding noise impact have not been resolved, the site has been re-site inspected, and the application re-considered. The application is being returned to the Planning Committee of Derry City and Strabane District Council with the same recommendation to refuse; however I would recommend that an additional refusal reason is added with regards to potential for cumulative visual impact of the development. 11. Planning Assessment, including 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, unless material considerations indicate otherwise. This proposal has been assessed against the provisions of the Strabane Area Plan , as well as other material considerations including the Regional Development Strategy; the Strategic Planning Policy Statement for Northern Ireland (SPPS), PPS 3: Access, Movement and Parking, PPS 18: Renewable Energy Development and associated guidance in terms of visual amenity, residential amenity, public safety, nature conservation interests etc, and finally PPS 21: Sustainable Development in the Countryside. Both the SPPS and PPS 18 are supportive of projects for generating renewable energy provided the proposal, and any associated buildings and infrastructure, will not result in an unacceptable adverse impact on: (a) (b) (c) (d) (e) public safety, human health, or residential amenity, visual amenity and landscape character; biodiversity, nature conservation or built heritage interests; local natural resources, such as air quality or water quality; and public access to the countryside Policy RE 1 also states applications for wind energy development will also be required to demonstrate that: (i) the development will not have an unacceptable impact on visual amenity or landscape character through: the number, scale, size and siting of turbines; (ii) the development has taken into consideration the cumulative impact of existing wind turbines, those which have permissions and those that are currently the subject of valid but undetermined applications; (iii) the development will not create a significant risk of landslide or bog burst; (iv) no part of the development will give rise to unacceptable electromagnetic interference to communications installations; radar or air traffic control systems; emergency services communications; or other telecommunication systems;

6 (v) no part of the development will have an unacceptable impact on roads, rail or aviation safety; (vi) the development will not cause significant harm to the safety or amenity of any sensitive receptors1 (including future occupants of committed developments) arising from noise; shadow flicker; ice throw; and reflected light; and (vii) above-ground redundant plant (including turbines), buildings and associated infrastructure shall be removed and the site restored to an agreed standard appropriate to its location. Additionally, Para.2.3 of the SPPS states that the planning system operates in the public interest of local communities. The basic question is whether the proposal would unacceptably affect amenities of owners or occupiers of neighbouring properties and the existing use of the land and buildings that ought to be protected in the public interest. Para 5.72 relates to the refusal of planning permission. Sustainable development should be permitted having regard to the local development plan and all other material considerations unless the proposal will cause demonstrable harm to interests of acknowledged importance. The proposal is for the erection of a single 250kW wind turbine. The site is within open countryside as identified in the District Strategy Map of the Strabane Area Plan and is within the Sperrin Foothills LCA 30 as identified in the document Wind Energy Development in Northern Ireland s Landscapes. The main planning considerations that need to be taken into account in assessing this proposal are therefore the planning history of the surrounding area, surrounding turbine development, PPS 3 in terms of access and servicing and the SPPS and PPS 18 and its associated guidance in terms of visual amenity, residential amenity, public safety, nature conservation interests etc. Public Safety / Residential Amenity In terms of residential amenity, the area potentially affected by shadow flicker is 10 times the rotar diameter of the wind turbine for 130 degrees either side of north. There nearest dwelling appears to be located approximately 370metres north east of the site at 110 Castlewarren Road. Given its location it will not be affected by any potential shadow flicker. I therefore do not consider that the development will cause significant harm to residential amenity in this respect. 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 cumulative impact this proposal would have when considered amongst that existing and proposed single turbines and nearby windfarms. To date, following the receipt of additional noise information, the details received remain unacceptable to EHD for several reasons.

7 Visual Amenity & Landscape Character The supplementary guidance identifies LCA 30 as having an overall high sensitivity. It states that the hills are generally small and size with the adjoining valleys providing the area with an intimate character. The LCA provides the foreground to the Sperrins. The location, siting, layout and design considerations recommend that the north-eastern fringes of the LCA and outlying hills to the north-west are more suitable for wind energy development however wind energy development should reflect the fact that turbines may be seen in very close juxtaposition with small scale field patterns and landscape features. The site is located on the southern slopes of Slievekirk. It would be visible when travelling in both directions along Taboe Road and Glengoorland Roads. There would also be intermittent views when approaching the site along the southern section of Taboe Road. There would also be long range views (approx. 3.5km) of the site when travelling towards Claudy from Donemana along Longland Road (B49). Although the turbine will not be sited directly on the skyline it is visible from the above vantage points, and would be visually linked and read with the adjacent application J/2012/0378/F and that approved but yet to be constructed J/2010/0363/F. With reference to the recently published SPPS which provides policy guidance regarding the cumulative impact of wind turbine development. It defines development comprising more than two turbines as wind farms and states that some landscapes may be able to accommodate these more easily than others, on account of their topography, landform and ability to limit visibility. Whilst J/2010/0363/F is currently unimplemented and J/2012/0378/F is under consideration, given their location within close proximity of each other (500m) whilst assessed under separate applications as individual wind turbines, they would in this instance read as a cluster of turbines and would have the appearance of a small wind farm.

8 View from Glengoorland Road View from Taboe Road Additionally, either side of these proposed individual turbines are the turbines of Slieve Kirk Wind Farm and Curryfree Windfarm. It is considered that this proposal would read with the other two single turbines as well as being visually linked with both of these windfarms. Currently, it is considered that the absence of wind turbines on this hill provides a visual gap between both windfarms. This can be seen below.

9 Curryfree Windfarm Approximate Location of Turbine Eglish Windfarm View from B49 Berryhill Road It is therefore considered that this landscape which has a high sensitivity has reached its capacity for turbine development and any further development in this locality would have a detrimental cumulative impact upon the visual amenity and landscape character of the area. In terms of the potential wider environmental, economic and social benefits of the development, whilst the agent has not indicated that the applicant intends to export the electricity generated to the national grid, it can be assumed that this is the case as it has not been indicated it is for domestic or business use. Therefore it is assumed that the development will contribute to wider governmental targets regarding renewable energy. Biodiversity, nature conservation / built heritage interests/local natural resources There are no archaeological sites and monuments recorded within this area therefore there has been no requirement to formally consult NIEA. The site does not appear to be bogland which would potentially be at risk of land slide or bog burst. Due to the nature of the proposal it is unlikely to have a detrimental impact on local natural resources. It is therefore considered that the proposal will not have any significant impacts upon any biodiversity or nature conservation interests.

10 Public access to the countryside The proposal is proposing to use an existing laneway off Glengoorland Road. The agent (in the P1 Form) has stated he will be using this existing access however following consultation with Transport NI sightlines of 2.4m x 35m are requested in both directions, as well as additional works. This would be attached to any approval as a condition prior to the commencement of development. Whilst it is accepted that the proposal is utilising an existing access and laneway and the nature and frequency of use of the access may be minimal as it will only be used during construction, servicing and decommissioning purposes in connection with the development, it is considered that the Transportni requirements are necessary for the safety and convenience of all road users. Therefore, this will ensure that the proposal will not hinder public access to the countryside. Electromagnetic interference A significant level of consultation has been carried out in relation to a number of issues including the impact on communications installations, telecommunications equipment and defence authorities. No significant issues have arisen. 12. Conclsuion Having considered the above, this proposal is considered unacceptable as the applicant has failed to demonstrate that the potential noise impact on third parties will not be to an unacceptable level, and as a result it would adversely affect their amenity. Furthermore, given the location of this turbine alongside two wind-farms, one single turbine approved and another application for a single turbine (J/2012/0378/F) it is considered that this area has reached capacity for wind energy development and it would have an unacceptable cumulative impact upon the visual amenity and landscape character of the area. It is therefore respectfully requested that the Committee agree with my professional recommendation to Refuse this application for the reasons set out below. 13. Proposed Reasons for Refusal 1. The proposal is contrary to the Department's Strategic Planning Policy Statement for Northern Ireland and Policy RE 1 of Planning Policy Statement 18: Renewable Energy, in that the applicant has failed to demonstrate that the development would not result in a detrimental impact on nearby residential properties by reason of noise impact. 2. The proposal is contrary to Policy RE 1 of Planning Policy Statement 18: Renewable Energy, in that the applicant has failed to demonstrate that the development which viewed cumulatively with existing wind turbines, those which have permissions and those that are currently subject of valid but undetermined applications will not result in a detrimental visual impact.