Appendix 9 Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 7th October 2015 APPLICATION No: A/2014/0255/F APPLICATION TYPE: Full application PROPOSAL: Variation of condition 19 (Tip height of proposed turbine) and Condition 34 (Substitution of Table 1 Noise Limits) of previous approval A/2005/0223/F LOCATION: Eglish Windfarm, Eglish Mountain. APPLICANT: ESB International ADVERTISEMENT/STATUTORY EXPIRY: 12.5.14 REASON FOR PRESENTATION TO COMMITTEE: Change of condition application RECOMMENDATION: Approve Details of the planning application, including the plans, can be accessed at the Planning Portal weblink. 1. Description of Proposed Development Variation of condition 19 (Tip height of proposed turbine) and Condition 34 (Substitution of Table 1 Noise Limits) of previous approval A/2005/0223/F. 2. Site and Surrounding Area (Site visit date, Description of Site and surrounding area) The site is an approved wind farm located on the slopes of Eglish Hill approximately 5km south west of Claudy in Co. Derry and immediately adjacent to the Strabane boundary. The majority of turbines are located in the Derry portion of the site with one in the Strabane council area. The B49 lies south of the application site with Gortnaran Road to the east. The site is located on the upland slopes in the north west of the Sperrin Mountain range at a height of approximately 277m. A number of approved wind farm sites lie to the Sperrin foothills to the north west - Slieve Kirk, Carrickatane and Curryfree. The land is currently used for upland rough grazing and the applicant has indicated that peat was harvested in previous times. A number of small watercourses/streams are also located within the site boundary. When initially submitted, the application site was not within any designated area. However, the AONB was re-drawn and the site is now located within the revised Sperrins AONB boundary. Appendix 9 Figure 2 Internal layout (Not to scale shown) Appendix 9 3. Site Constraints Sperrins AONB Monument LDY028:007, TYR003:002 4. Neighbour Notification Report No neighbours were required to be notified for this application. 5. Relevant Site History A/2005/0223/F Amendment to proposed wind farm to include reduction from 9 turbines (overall height of 115m) to 6 turbines with an overall height of 107m, associated ancillary development, revised substation details, site access at Ballyartan Road and junction modifcations at Ballyartan Road/Comber Road and at Longland Road/Learmount Road. Eglish Mountain in the townlands of Ballyartan and Glenlough (Co. Derry) and Ballyneaner (Co. Tyrone), accessing onto Ballyartan Road, Killaloo, Londonderry BT47 3TA Approved - 26.07.2013 A/2011/0358/F Meteorological mast up to 70 metres high, comprising a mild steel tower held in position with guy wires and fitted with anemometers and wind vanes. Eglish Mountain in the townland of Glenlough (Co Derry) accessing on to Ballyartan Road, Killaloo, Londonderry. Approved - 07.12.2012 A/2014/0006/F Meteorological mast up to 70 metres high, comprising a mild steel tower held in position with guy wires and fitted with anemometers and wind vanes Eglish Mountain in the townland of Glenlough (Co Derry) accessing onto Ballyartan Road Killaloo. Approved - 16.07.2014 A/2014/0193/F Eglish Mountain in the townland of Glenlough (Co Derry) accessing on to Ballyartan Road, Killaloo, Londonderry. Construction of 70 metres high lattice anemometer mast at the permitted Eglish wind farm (A/2005/0223/F) in substitution for a 60 metres high guyed mast. Approved - 03.12.2014 A/2015/0150/F Appendix 9 Eglish Mountain in the townland of Glenlough (Co Derry) accessing on to Ballyartan Road, Killaloo, Londonderry. Realignment of access tracks and reorientation of turbine hardstandings at the permitted Eglish Wind Farm (A/2005/0223/F) Under consideration 6. Policy Framework Regional Development Strategy (RDS) – Northern Ireland 2035 PPS 1 – General Principles PPS 2 – Planning and Nature Conservation A Planning Strategy for Rural Northern Ireland PPS 3 – Access, Movement and Parking (Revised) PPS 6 – Planning, Archaeology and the Built Heritage PPS 15 – Planning and Flood Risk PPS 18 – Renewable Energy (Best Practice Guide) Supplementary Planning Guidance - Wind Energy Development in Northern Ireland’s Landscapes Derry Area Plan 2011 7. Consultee Responses, Internal/External Derry City and Strabane District Council Environmental Health- At point of writing report no written response received. Verbal confirmation provided confirmed that new acoustic report was acceptable. OFCOM NI – 01.08.2014 – No objections Belfast International Airport – 31.07.2014 – No objections City of Derry Airport – 01.08.2014- No objections NI Water Windfarms – 25.08.2014 – No Objections P.S.N.I Information and communications Services- 29.08.2014 – No objections 8. Representations Consideration No representations were received in relation to this scheme. 9. Planning Assessment and Other Material Considerations The previous application for a wind farm has been approved, due to commercial supply reasons, the type and size of turbines approved at this site are no longer in fabrication. As such the tip height restriction as applied to A/2005/0223/F is a restricting factor in securing an appropriate model of turbine for this site. The applicant has therefore applied for the removal of the tip height restriction of 107m and a further condition added to restrict any new tip heights to 110m. The wind farm has been previously approved and as such is in accordance Appendix 9 with all relevant policies as quoted above. The slight alteration of turbine heights and models creates two main issues; 1) Additional visual impact of any increased height of turbines, The visual impact of the wind farm has been assessed and found acceptable at a tip height of 107m. Whilst the impacts of the wind farm were previously considered as significant, the associated benefits were given determining weight in the process. As such the addition of 3m to the tip height of the approved turbine height is relatively insignificant in terms of the overall scale of the scheme. It would be difficult to distinguish between a 107m turbine and a 110m turbine at the distance at which the wind farm is viewed from. Therefore I would consider that the additional visual impact of a 3m increase in tip height is acceptable. 2) Impact upon residential amenity of change to turbine model. Derry City and Strabane District Council Environmental Health Department have indicated verbally that the new turbine model and the alteration to condition 34 (which refers to noise limits) they have found that the new noise information is acceptable and new noise limits may be imposed upon the development which do not have a significant detrimental impact upon the amenity of any surrounding residents. The main impacts of the wind farm have been previously assessed and found to be acceptable, the additional impacts of the slightly higher turbines have now been found to be in compliance with all relevant policies as identified above. Therefore the proposal can be recommended for approval. 10. Conclusion and Recommendation Having considered all material considerations before me including the development plan, planning policies, consultations and site history, I would recommend that the Planning Committee give consideration to my professional report and my recommendation to approve full planning permission for this proposal. 11. Conditions No development shall take place until details of the model of the turbine to be installed, its noise specification, colour and finish (which shall have a tip height of no more than 110m) have been submitted to and approved in writing by the Department. Reason: To ensure that wind turbines with excessive sound power levels are not installed. The level of noise immissions from the combined effects of the wind turbines (including the application of any tonal penalty when calculated in accordance with the procedures described on pages 104 - 109 of ETSU-R-97 shall not exceed the predicted levels (rounded up to the nearest decibel) as set out in the table below, as appropriate for wind speeds between 4m/sec. and 12m/sec. (referenced to 10 metres height above ground level). Noise limits for dwellings which lawfully exist or have planning permission for construction at the date of this consent Appendix 9 but are not listed in Table 1 shall be those of the physically closest location listed in the Tables, unless otherwise agreed by the Department. Reason: To control the noise levels from the development at noise sensitive locations..