Derry City and District Council Planning Committee Report

COMMITTEE DATE: 12 th May 2015

APPLICATION No: J/2013/0254/F

APPLICATION TYPE : Single Wind Turbine (Non Commercial)

PROPOSAL: Single 225kW wind turbine (30.4m tower height)

LOCATION: 341m north west of 92 Berryhill Road, Artigarvan, Strabane

APPLICANT: Mr. Jim Kerrigan

AGENT: Strategic Planning, 4 Pavillions Office Pk, Kinnegar Drive, Holywood

ADVERTISEMENT: 02 October 2013

STATUTORY EXPIRY: 24 October 2013

RECOMMENDATION : APPROVE

REASON FOR PRESENTATION TO COMMITTEE: Change of Opinion

All planning application forms, drawings, letters etc. relating to this planning application are available to view on www.planningni.gov.uk

1. Description of Proposed Development

The proposal is for a single wind turbine on a white steel tower. The turbine will have a hub height of 30.4 metres with a 29.1 metre rotor diameter giving an overall height of 44.95 metres to blade tip. The development is accessed via an existing laneway.

2. Site and Surrounding Area The site is located approx mid distance between Artigarvan and within the Strabane District Council area, on a local hill top called Windyhill. There are panoramic views of the surrounding countryside from the site and it is accessed via an existing agricultural lane. The proposed turbine is to be situated within an agricultural field. Boundaries to the southwest and south east are defined by stone walls. The nearest dwelling is approximately 310m to the South.

3. SITE LOCATION MAP

4. Site Constraints

The following constraints apply:

The site is within the consultation zone of a Megalithic Tomb. NIEA Historic Monuments Unit consulted. Their response is provided under consultee responses (point 7 below). In summary NIEA had no objection.

5. Neighbour Notification Report No neighbours within 90m of the turbine, therefore no notification carried out. 6. Objections / Representations No third party objections received. 7. Relevant Site History No relevant site history 8. Policy Framework Strabane Area Plan 1986 - 2001 Planning Policy Statement 1 : General Principles 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 's Landscapes 9. Consultee Responses, Internal/External

Consultee responses:

• National Air Traffic Services: responsibility for en route air traffic – no safeguarding objection • MOD safeguarding - no safeguarding objection • Defence Infrastructure Organisation – no objection • Ofcom – no fixed links identified • NIEA – Historic Monuments Unit

This application site is located approximately 125m east-south-east of the site of a wedge tomb, or prehistoric funerary monument, which is scheduled for protection under the provisions of the Historic Monuments and Archaeological Objects (NI) Order 1995, and to which PPS 6 Policy BH 1 refers. However, due to existing local topography the monument and application site are not visible from Berryhill Road, and the impact of this proposal on the setting of the monument is reduced. In addition, due to the distance of the application site from the wedge tomb, it is unlikely that previously unrecorded below ground archaeological remains associated with the monument will be impacted upon by development at this location. Therefore, without prejudice to any other material considerations in this case, NIEA: Historic Monuments Unit has no archaeological objections to this proposal at this time.

• Environmental Health First response required submission of a noise assessment. Account to also be taken of other turbines in the vicinity.

The noise impact assessment was submitted and Environmental Health provided comment in December 2014.

The following information was not provided by the applicant:

- Cumulative assessment not undertaken - Turbine make model and generating capacity were not specified - Discrepancies in the height of the proposed turbine noted between the elevation drawings and the noise impact assessment (Hub 32.3m blade diameter 32m compared with hub height 30.4m and blade diameter 29.1m respectively) - Applicant required to confirm if a number of turbines in the area are contributing to a cumulative noise impact at any noise sensitive receptors in the area. A revised assessment was submitted addressing the above points and Environmental Health was re consulted. A response was received from Environmental Health on 14 April 2015.

Environmental Health advised that the noise assessment was based on a turbine of dimensions- hub height 30.4m and blade diameter 29.1m. This remained at odds with the description and elevation drawings. The agent has now provided an amended description and drawings. The dimensions of the turbine have been reduced from Hub height 32.3m to 30.4m and blade diameter from 32m to 29.1m.

Based on noise data from a turbine reflecting the reduced dimension (stated above), Environmental Health is now satisfied that it has been demonstrated that noise from the turbine both in isolation and cumulatively with other turbines in the vicinity can operate within acceptable noise limits. Conditions and informatives provided.

10. Planning Assessment and Other Material Considerations

The application was assessed under Planning Policy Statement 18 which is supportive of projects for generating renewable energy and its aim is to facilitate the siting of renewable energy generating sources in appropriate locations. . An objective is to ensure that environmental, landscape, visual and amenity impacts associated with or arising from renewable energy development are adequately addressed. Policy RE1 of PPS18 states that the wider environmental, economic and social benefits of all proposals for renewable energy projects are material considerations that will be given significant weight in determining whether planning permission should be granted. It adds that development which generates energy from renewable sources will be permitted provided that the proposals will not result in an unacceptable adverse impact on visual amenity and landscape character.

The assessment of visual impact of wind energy is not restricted to designated landscapes. Policy RE1 states that the supplementary planning guidance ‘Wind Energy Development in Northern Ireland’s Landscape’s’ will be taken into account in assessing all wind turbine proposals. Each landscape has a different capacity for accommodating wind energy development. The SPG gives general principles in relation to sensitivity, opportunities and challenges in different landscapes. It identifies 5 landscape types, which are as follows, upland, rolling ridges and drumlins, lowland flat landscapes, coastal landscapes and urban & industrial landscapes.

The SPG also gives general advice in terms of siting wind turbines in the North West. It states that Counties Derry and Tyrone are dominated by Binevenagh and the massive mountainous summits of the , which form distinctive backdrops for views throughout the North West. The Sperrins contain a wilderness of expansive, open moorland through which flows the contrasting and picturesque linear glens of the Glenelly, Owenkillew, and Owenreagh Rivers.

The subject site lies within the Sperrin Foothills Landscape Character Area 30 - Wind Energy Development in Northern Ireland's Landscapes. This supplementary Planning Guidance states that this landscape area has a high sensitivity for wind energy development, with the western edge of this Landscape Area being most suited to wind energy development. This proposal is located in the west of LCA30. There is approval for approximately eleven turbines (approx 30m high) in this area, some of which are built and operational. Given the proximity of these turbines in a landscape that is of similar character which are of similar size and scale it is my opinion that this turbine can fit into this landscape without adverse impact on visual amenity and landscape character, and that there are acceptable cumulative impacts. Also, in light of the permissive nature of PPS18, it would be difficult to sustain a reason for refusal based on impacts on visual amenity and landscape character and cumulative visual impacts. When viewed from the surrounding road network, the turbine will be visible from short term views and long distance views. The most critical of these will be when travelling west along Berryhill Road towards the site from Donemana. The turbine will be set back from the crest of the hill it is sited on, and not all of the turbine tower will be visible. This will lessen the visual impact of the turbine in the landscape.

By their very nature, wind turbines are likely to be visible in the landscape. However, it is considered that this proposal would not result in an adverse visual impact on visual amenity and landscape character.

In addition to this the Department must consider several other issues within Policy RE1 including the following;

(ii)that 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;

The cumulative impact of this proposal is not an issue as there is a sufficient capacity in the landscape between this proposal and other built and consented turbines in the area. The size and scale of the proposal is also acceptable and not excessive which will help to integrate it into the landscape without dominating the landscape.

Eleven turbines have been approved in an area ranging approximately 2km from the application site; only one has been erected (2 blade turbine at Glencosh Road). Map 2 shows these turbine locations. A detailed visual assessment was carried out travelling both directions along the following roads:

Berryhill road, Windyhill road, Killnaught road, Gortileck road, Barron road, Glencosh road.

A combination of intervening distance, topography, vegetation, the winding nature of these local roads and the direction the turbines lie in relation to each other mean that inter- visibility of all approved turbines from one particular view point is not possible. On balance it is not considered that an adverse cumulative impact arises.

MAP 2

Berryhill Road view

From just outside Artigarvan travelling east in the direction of Donemana, the subject site is directly in line of site for approximately 1mile. Continuing in this direction the site is then screened from view due to topography. From this approach the proposed turbine would read with two operational turbines in the distance to the north at Dullerton Road, Cullion and one approved turbine to the northeast on Sixpenny Hill (J/2012/0128/F).

Travelling west on Berryhill road there are direct line of sight views on the stretch of road passing the junction with Glencosh Road. Whilst a (2 blade) turbine (J/2012/0190/F) located on Glencosh road to the north is a clearly evident feature in the landscape, it does not read in direct line of sight with the subject turbine on this western approach along Berryhill Road. On this approach the turbine is likely to read with approval ref: J/2012/0132/F off Killanaught Road.

Windyhill Road view

The subject turbine is in line of site travelling west along Windyhill Road before the road curves off at a 90 degree angle to the north, the turbine location falls out of site and is located behind the observer to the west. The turbine on Glencosh Road, to the east comes into view as do the wind farms on Slievekirk and Carrickatain. However the subject site is not intervisible with these turbines. Travelling south on Windyhill Road, there may be glimpses of the blades of the subject turbine, but again no intervisibility with the turbine on Glencosh road or those approved on Barron Road and Gortileck Road as the latter turbines lie to the southeast and the subject turbine to the west. An approved turbine accessed of Killanaught Road (J/2012/0132/F) may come into site travelling in this direction but as the subject site lies to the east it is unlikely to read with that turbine when viewed from this approach.

Killanaught Road view

Travelling southeast the subject site is to the north of and is behind the observer so there are no views. Approval ref: J/2012/0132/F will be apparent on this approach.For a short stretch along a high point of Killnaught Road travelling north before the road drops down to meet Berryhill Road, there are intervisible views of the subject site, Slievekirk and Carrickatain wind farms to the north, the Glencosh Road turbine (J/2012/0190/F), two turbines at Dullerton Road, Cullion and approval ref: J/2012/0132/F off Killanaught Road. On balance however considering the general lack of intervisiblity with other turbines (either operational or approved but not constructed) when travelling the extensive local road network it is not considered that this short view is fatal to the proposal.

Gortileck Road view

Travelling east the subject turbine is to the northwest and is behind the observer so there are no intervisible views with the seven turbines approved in the Barron Road / Gortileck road area. Travelling west there are some stretches of road where due to topography there are views across to the subject site and possibly approval ref: J/2012/0132/F off Killanaught Road and with two distant turbines at Dullerton Road, Cullion. As the available views are not sustained there is no adverse cumulative visual impact. In respect of the seven approved turbines in the Barron Road / Gortileck area these lie to the south of Gortileck Road while the subject turbine lies to the northwest so again there are no intervisible views.

Barron Road view

There are three approved but not yet constructed turbines on Barron Road. This road swings to the southeast so the subject site which lies to the northwest is not intervisible with these approvals. Travelling northwest along Barron Road , the approved turbines are to the southwest and above the road. Combined with roadside dwellings and vegetation there are no views of the approved turbines and intervening vegetation obscure clear views to the northwest and the subject site. From Barrontop farm there are likely to be intervisible views of the approved turbines and the subject site. The distance between them is considered sufficient to minimize cumulative impact.

Glencosh Road view

Travelling north or south on Glencosh Road, the subject site lies to the west while the operational turbine lies to the east. The observer would be aware of both turbines but as they lie in opposite directions to each other there is no intervisible association between the two sites. The subject site would be read along with approved turbine (ref: J/2012/0132/F) off Killanaught Road.

(iii) That the development will not create a significant risk of landslide or bog burst; The application site is an agricultural field.

(iv) that 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;

Consultation with the relevant agencies indicate no objection (see point 7 above)

(v) That no part of the development will have an unacceptable impact on roads, rail or aviation safety;

Access is via an existing lane way. There are no railways in the vicinity and NATS indicate no safeguarding concerns regarding aviation.

(vi) That the development will not cause significant harm to the safety or amenity of any sensitive receptors (including future occupants of committed developments) arising from noise; shadow flicker; ice throw; and reflected light;

No objections have been received. The noise issue has been resolved as per the acoustic report submitted by the agent and cleared by Environmental Health. Ice throw – the turbine is located 300 – 340m from the nearest buildings. It is unlikely ice throw would be an issue. Regarding Shadow Flicker nearest buildings are located to the south. Best practice guidance of PPS18 states at para 1.3.73 that:

Only properties within 130 degrees either side of north relative to the turbine can be affected at these latitudes in the UK – turbines do not cast long shadows on their southern side.

(vii) That 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.

This forms a condition of approval – see condition 4 below.

11. Conclusion and Recommendation Having considered all material considerations, including the development plan, relevant planning policies and consultations, it is recommended to the planning committee that permission should be approved subject to the following conditions:

12. Conditions

1. As required by Section 61 of the Planning Act (Northern Ireland) 2011, the development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

Reason: Time Limit

2. The level of noise emissions from the wind turbine (including the application of any tonal penalty) when determined in accordance with the procedures described in the Institute of Acoustics “A Good Practice Guide to the Application of ETSU-R-97 for the Assessment and Rating of Wind Turbine Noise” (May 2013), shall not exceed the values set out in the Table 7 of the Environmental Noise Assessment dated the 20th October 2014 submitted and outlined below. Noise limits for dwellings which lawfully exist or have planning permission for construction at the date of this consent but are not listed in the table below shall be those of the physically closest location listed in the table, unless otherwise agreed by the Authority. Reason: To control the noise levels from the development at noise sensitive locations.

Noise levels dB L A90 10minute Standardised wind speed at 10m height (m/s) within the site averaged over Property 10-minute periods 4 5 6 7 8 9 10 11 12

NSR1 30.8 31.9 33.0 34.2 36.4 37.5 38.7 38.7 35.3 NSR2 30.0 31.1 32.2 33.4 34.5 35.6 36.7 37.9 37.9 NSR3 33.2 34.3 35.4 36.6 37.7 38.8 39.9 41.1 41.1 NSR4 31.0 32.1 33.2 34.4 35.5 36.6 37.7 38.9 38.9 NSR5 31.5 32.6 33.7 34.9 36.0 37.1 38.2 39.4 39.4 NSR6 31.0 32.1 33.2 34.4 35.5 36.6 37.7 38.9 38.9

3. The permission shall be for a limited period expiring 25 years from the date on which electricity from the turbine is connected to the grid. Within 12 months of the cessation of electricity generation at the site, or upon the expiration of this permission whichever is sooner, all structures and access tracks shall be removed and the land restored in accordance with a scheme submitted to and approved by the Department prior to the commencement of any development, or in accordance with any variation to the scheme to which the Department subsequently agrees in writing.

Reason: To restore and maintain the landscape quality of the area.