An Bord Pleanála
Inspector’s Report
Development: 110kV circuit from Mullingar 110kV station, Co. Westmeath to Kinnegad 110kV station Co. Meath.
Application under Section 182 A Planning and Development Act 2000 (as amended)
Planning Authorities : Westmeath County Council Meath County Council
Applicant : Eirgrid
Type of Application : Strategic Infrastructure Development
Submissions and Observations
Westmeath County Council : Yes
Meath County Council : Yes
Prescribed Bodies : Yes
Observers : Yes
Inspector : Pauline Fitzpatrick
Dates of Site Inspection : 25th & 26th October 2012
Appendices
1. Photographs 2. Extracts from the Robinstown Local Area Plan 2005
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1.0 INTRODUCTION
1.1 The development proposed in this case is presented to An Bord Pleanála by way of a direct planning application under the aegis of the Planning and Development (Strategic Infrastructure) Act 2006. Having regard to the provisions of Section 182E the prospective applicant engaged in pre-application consultation with An Bord Pleanála, arising from which the Board issued a notice informing the applicant that the development of a proposed 110kV circuit falls within the scope of Section 182A of the Planning and Development Act 2000, as amended, with particular regard to section 182A(9) of the said Act and that any application for permission for the proposed development must be made to An Bord Pleanála under Section 182(A)(1). Westmeath and Meath County Councils were also notified of the decision.
2.0 SITE LOCATION AND DESCRIPTION
2.1 The description of the proposed alignment is set out in sections 7.4 - 7.21 of the Planning Report accompanying the application. In brief the line of the proposed 110kV is approx. 24km in length commencing at the Mullingar 110kV transmission station in the townland of Irishtown c.2km to the north-west of Mullingar town centre. The route travels in a north-easterly direction, firstly along local roads and then across undulating agricultural lands in parallel to an existing 110kV power line. It crosses the Royal Canal Feeder Supply and rail line and then runs to the north of the Lough Sheever Corporate Park. From there it takes a southerly direction across undeveloped and forested lands to the west of the N4. The line crosses the N4 at Ballagh to the north of the N4-N52 flyover and then runs in a south-easterly direction parallel to the N4, first traversing agricultural lands then running to the south of Marlinstown landfill (closed) and Marlinstown Bog and to the rear of Hamill’s filling station and finally across agricultural lands before crossing the N4 for a second time in the vicinity of Greatdown. The line then takes a southerly direction, first crossing the Royal Canal and the rail line and then traversing both bog and agricultural land before crossing the local road network at Tornanstown. The route takes an easterly course for a short distance before travelling in a south-easterly direction crossing undulating agricultural land and a number of local roads. The route traverses the R446 and then the M6 at Rattin to the north of Rattin Castle crossing the existing 220kV Shannonbridge-Maynooth power line. The final section of the route takes a southerly then easterly direction across agricultural land finishing in the existing 110kV transmission station to the south (and within) the Lagan Cement complex at Killaskillen c. 4km from Kinnegad.
A more detailed description is given of each section of the route in the assessment set out in section 11 below.
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3.0 PROPOSED DEVELOPMENT
3.1 The proposal as described in the public notices is as follows:
• Construction of c.24 km of 110kV overhead line (OHL) with shieldwire between the existing Mullingar 110kV transmission station and Kinnegad 110kV transmission station. • The line will consist of three overhead conductors and two overhead shieldwires supported on double woodpole structures. The poles are c. 5 metres apart and up to 21.3 metres in height. 125 woodpole structures are proposed. The use of stays may be required in places where the ground conditions are poor. • 23 lattice steel towers of up to 24.5 metres in height are to be used where the line changes direction. • 1km of underground cabling entering Mullingar 110kV transmission station. • Removal of approx. 6km of existing 38kV line and associated structures extending from Mullingar transmission station. • Realignment of approx. 880 metres of existing 110kV line within the general area of Lough Sheever Corporate Park, Mullingar. 4 double woodpole structures and 2 steel towers are to be used. • 640 sq.m. extension to the western side of Kinnegad 110kV transmission station enclosed by 3 metre high palisade fence. • Associated apparatus at both Mullingar and Kinnegad 110kV transmission stations including new bus bars and lightning protection masts up to 15 metres in height and removal and relocation of existing gantry and line/cable bays. • Removal of existing 220kV tower and construction of new 220kV tower approx. 20 metres in an easterly direction along the line of the existing 220kV Shannonbridge to Maynooth line. This will facilitate the crossing of the proposed Mullingar to Kinnegad 110kV line. • All other associated site development works.
4.0 APPLICATION DETAILS
During pre-application consultations the applicant was advised by the Board that the preliminary view was that an EIS was not required.
4.1 The application documents are presented in 4 volumes:
Volume A (i) Environmental Report (ii) Figures (iii) Appendices
Volume B Statutory Particulars, Planning Application Information, General Documents
Volume C Drawings
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Volume D (i) Planning Report (ii) Constraints Report
4.2 The Environmental Report prepared addressed in particular:
• Strategic Planning Context • Alternatives Routes • Ecology • Landscape and Visual • Archaeology and Cultural Heritage • Human Health
Need for Project
4.3 The need for the project is set out in the Planning Report (Volume D) and is summarised in the Non-Technical Summary of the Environmental Report (Volume A).
4.4 Electricity demand in the Mullingar area has placed continued strain on the transmission network. The existing 110kV network is approaching its technical limit leading to security of supply issues in the area. As the load increases over time this limitation will manifest itself as a decline in network performance in the area. This degradation will be observed as low voltages and the increased potential for voltage dips or supply failure. In order for the transmission network to meet the required performance levels as stipulated by the Transmission Planning Criteria a new 110kV circuit connecting to the Mullingar 110kV station is required.
4.5 The three phases through which the project has been developed to date is detailed. Phases 1 and 2 involved Strategic Planning and the Identification of Constraints and Route Corridors in parallel with a series of public and stakeholder consultations. Comprehensive details of same are set out in Appendix A of Volume A (iii) and Volume D (ii). This application for planning approval constitutes the 3 rd phase.
Alternatives
4.6 Sections 6.11 - 6.30 of the Planning Report and the summary in Section 1 of the Environmental Report gives a description of alternative project solutions which included:
Alternative Methods
4.7 Voltage support through the installation of capacitor banks in Mullingar 110kV station was considered but was not deemed to represent a viable long-term solution to the voltage issues and did not address the risk of complete loss of supply.
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Undergrounding
4.9 Undergrounding would only be used if all of the following 4 conditions apply (i) an OHL is not environmentally feasible (ii) a technically and environmentally feasible route can be found (iii) the effects the underground cable on the transmission network is acceptable and the relatively poorer ‘availability’ of the underground cable is tolerable and (iv) the higher cost can be justified. Following an assessment it was concluded that the four required conditions do not apply.
Alternative Routes
4.10 A Mullingar to Derryiron 110kV transmission station (County Offaly) OHL was considered which would have had a similar technical performance to the Mullingar- Kinneagd 110kV line. There was no preference from a technical perspective. Connection to Kinnegad was selected following environmental analysis of the area and public consultation.
4.11 Once the study area was identified 8 no. alternative corridor routes plus minor variants were assessed (see Constraints Report in Volume D). 5 no. overhead (1km wide) and 3 no. underground (300 metres wide) were identified. The corridors were ascertained using the ‘Holford Rules’ for consideration and evaluation within the context and constraints of major infrastructure, land use and planning issues, environmental designations, visual amenity and built environment. Environmental studies were carried out of the 8 preliminary routes in the key areas of landscape and visual, ecology, and cultural heritage. A Winter Bird Survey was also carried out to determine the locations of any key feeding or roosting sites used by wintering birds listed on the Annex 1 of the Birds Directive which may be prone to collision with transmission lines. Each route was also assessed to identify any design and construction challenges including economic aspects. Three emerging preferred route corridors were identified for further assessment and consultation, with the preferred route corridor selected in which the indicative line was progressed following a review of the constraints within the corridor.
Ecology
4.12 The assessment was based on baseline flora and fauna noted during desk and field surveys and in consultation with relevant statutory authorities.
4.13 The proposed line does not cross or abut a designated site under the EU Habitats or Birds Directives. Lough Owel SAC and SPA is the nearest Natura 2000 site located to the north of the existing Mullingar 110kV transmission station (1.29km). Wintering bird surveys were completed over two winters that determined that no significant winter bird concentrations and flightlines occur in the vicinity of the development (results of surveys provided in Appendix B1 of Volume A(iii)). The route is to cross the Royal Canal pNHA with no pole or tower structure to be placed within its designated boundary.
4.14 An Appropriate Assessment – Screening Statement is provided in Appendix B2 of Volume A(iii). It concludes that the proposal will not result in any significant
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impacts on the Natura 2000 site network. It is not considered necessary for the process to proceed to Stage 2 - Appropriate Assessment. Impacts on protected species (badger, bats) are also assessed.
Landscape and Visual
4.15 A study area of 2 km either side of the OHL was assessed, Potential impacts on the character of the landscape and on views from settlements, public roads and designated landscapes are described with photomontages provided. There will be no landscape and visual effects on Areas of High Amenity Value or on designated scenic view points with potential visual effects on former demesnes considered negligible. Views from cycling routes and along the Canal are also assessed.
Archaeology and Cultural Heritage
4.16 The assessment identifies and examines both the potential direct and indirect effects the proposed alignment will have on the receiving environment and proposes ameliorative measures to safeguard any monuments, sites, structures, features, landscapes or finds of antiquity. The proposal will have no direct impact on any visible features associated with any designated archaeological sites or sites of architectural merit. A number of unrecorded features have been identified and mitigation measures detailed.
Human Beings
4.17 Human health is considered and it is concluded that the proposal would have no adverse impact on same.
Construction
4.18 The impacts arising from construction, including noise and dust from machinery and disruption to land use, would be temporary. Tree felling and hedgerow trimming will be required in places. Surplus peat and soil will be excavated. Where possible it will be used on site as part of any remediation of agricultural lands. Where not possible the surplus peat or soil will be disposed of in licensed disposal facilities. The foundation types required at each structure will be determined following site investigations at detailed design stage.
5.0 PLANNING AUTHORITY SUBMISSIONS
As the proposed line traverses the administrative boundaries of Westmeath and Meath County Councils both Planning Authorities were notified.
5.1 Westmeath County Council
The County Council acknowledges the strategic importance of the proposal as a critical element of physical infrastructure required to facilitate future economic development of the linked Gateway. The submission details the discussions had with
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the applicant prior to the lodgement of the application. The following particular issues were raised at meetings with both the applicant and the Board:
• Distance of line from proposed school at Robinstown and existing and future residential development. • Potential conflict in achieving the long term objectives to develop sport and recreational facilities in the Robinstown area having regard to LAP and Development Plan objectives. • Proposed routing of the line across the feeder canal (Royal Canal supply line Mullingar) and the siting of the angle masts in its vicinity. • The River Brosna is also to be developed as a walking and cycling route and due regard should be had to the potential visual impact of the proposal in this area. • Potential impacts on walking, cycling and fishing activities of the Kinnegad River. • The need to respect the sensitivity of the famine graveyard in Mullingar and its setting. • The setting of Rattin Castle and the need to address adverse visual impact and overall sensitivity. • The sensitivity of demesne landscapes in the area to be considered. • Any contribution in terms of community gain would be directed to works in the provisions of recreational facilities, in particular walking and cycling routes along the waterways including the Royal Canal. • In terms of Section 48, the Development Contribution would be calculated on the basis of area occupied by pylons/pole support structures.
5.2 Meath County Council
The Planning Report sets out the site context, planning policies and designations that pertain to the area. The submission also details the contents of the Environmental Report and is satisfied as to its overall adequacy. The likely visual impact of the proposal, when assessed in the context of the landscape character in the immediate vicinity, is considered to be minimal. The proposal is therefore acceptable based on the receiving environment, having regard to the limited length in County Meath. It refers to the internal reports received as follows: • Environment Section – conditions recommended • Heritage Officer – Clarification sought on matters pertaining to whether study area contains raised bogs still capable of natural regeneration which is listed in Annex 1 - Habitats Directive. • Conservation Officer – the impact on cultural heritage will be within acceptable limits • S.E.E. Road Design – the project will have minimal effect on Meath roads.
The PA has no objection in principle to the proposed development. There are a number of matters pertaining to ecology that the Board may wish to request FI on. A number of conditions are recommended should the Board grant approval. No financial contribution conditions are recommended.
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The minutes of Meath County Council Meeting on the 03/09/12 accompany the submission. Councillors raised issues relating to development contributions and request that a map of the line be made available.
6.0 SUBMISSIONS BY PRESCRIBED BODIES
The submissions can be summarised as follows:
6.1 National Roads Authority
The EIS submitted does not appear to clearly identify the methods/techniques to be employed in traversing the M6, N4 and N52 and/or traffic management during construction/maintenance periods. The scheme promoter must liaise with Westmeath County Council in respect to land take issues which have not been finalised.
6.2 Department of Arts, Heritage and the Gaeltacht
• Archaeology - Alternative mitigation measures to those set out in Tables 7.9, 7.34 and 7.48 are recommended including monitoring of all ground disturbances. • Nature Conservation -There is the potential for the proposal to significantly impact on a number of habitats and species mentioned in the EU Habitats Directive. The potential impacts would be caused by bird collisions with overhead wires and disturbance and loss of breeding sites. In order to mitigate these potential impacts conditions are recommended. The 1 st recommends the erection of bird deflector devices on the proposed power line between Irishtown and Curraghmore townlands in order to protect bird flight lines between local designated lakes and other undesignated wetlands. The 2 nd recommends that prior to works in conifer plantations a qualified ecologist should survey and consider mitigation, if required, for Red Squirrel and breeding raptors which frequently breed in coniferous plantations.
7.0 OBSERVATIONS
7.1 Maureen Leavy (submission by J.A. Shaw & Co. Solicitors on her behalf accompanied by supporting map)
• The location of the polesets would impact on farming practices. In terms of engineering requirements it is possible to locate the pole sets in hedgerows. • No stays should be used on poles which may impact on the lands around same.
7.2 Patrick Leavy (submission by J.A. Shaw & Co. Solicitors on his behalf accompanied by supporting map)
• No stays should be used on poles which may impact on the lands around same.
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7.3 John & Brian Hamill
• The line would cross a narrow strip of land linking two sites on their property and will leave the link virtually impassable. • The power line will be in proximity to their helipad which has been used for 15 years. • The line is along where the Marlinstown landfill site meets their land with concerns about migration of methane and carbon dioxide gases arising. • The issue of future development of their lands has not been satisfactorily clarified.
7.4 Loman Duncan (submission by Paul McDermott on his behalf accompanied by supporting maps)
• The route crossing through undisturbed countryside will have a permanent, irreversible, damaging impact on the rural environment and will have an adverse visual impact. • The area will not benefit from the construction of the power line. • The OHL will create a risk to human and animal health that does not presently exist. • The erection of twin pole pylons and passage of the power line places a restriction and burden on the present and future use of the lands that does not presently exist. • Based on the advised protected corridor width of 45 metres the cable route results in the sterilisation of approx. 1.48 hectares of land (7% of his landholding) splitting the landholding in two and compromising the future development of the lands. • The route of the proposed OHL significantly diminish both the availability and suitability of lands for housing development to satisfy family needs. • The line will result in the long term diminution of the value and use of the land.
7.5 Dr. Richard Look Tong
• The proposed line passes 250-300 metres behind their dwelling at a much higher elevation and will have a negative impact on their visual amenities and health and safety. • The proposal will have a negative impact on the value of their property and surrounding land. • It would pave the way for further and more imposing structures along the route. • There are established technologies such as Gas Insulated Lines and High Voltage DC which could be used where there is a negative impact on existing development. • There is a proven correlative between overhead power lines and serious illness. • The tourist industry is very sensitive to any damage to the unspoilt landscape.
7.6 Midlands Gateway Chamber
• The Chamber supports the proposal and considers it to be of strategic importance to the Midlands Gateway town of Mullingar, its catchment area and the region.
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8.0 APPLICANT’S RESPONSE TO SUBMISSIONS RECEIVED
The response, which addressed each submission in turn, can be summarised as follows:
8.1 Maureen Leavy
• Ecological surveys of the hedgerow adjacent to poleset 49 found active main and outlier badger setts. As the project design criteria required no structures to be placed within 30 metres of a badger sett entrance the poleset was located 30 metres to the east of the hedgerow. • The need for stays will be determined after ground investigation during the construction process. • In terms of poleset 51 the alteration helped to avoid direct impacts on possible cultural heritage features.
8.2 Patrick Leavy
• The need for stays will be determined after ground investigation during the construction process.
8.3 John & Brian Hamill
• Eirgrid will ensure at the detailed design stage that an access track of 4 metres can be provided along the strip to the rear of the petrol station which links their lands to the east and west of the petrol station. • The lands do not have the benefit of planning permission for use as a helipad. It is not licensed. • The lands are not zoned for development. • It is premature to address matters such as compensation and/or payments in respect of access to lands. • A commissioned report (copy attached) concluded that landfill gas at Marlinstown is not considered to pose any risk to the operation of the power line. The risk of explosion of landfill gas due to sparking of the overhead wires is negligible. The report recommends that further consideration be given at the detailed design stage to risks associated with lateral migration of landfill gas during site investigations, the installation of poles and the construction of foundations for the pylons.
8.4 Loman Duncan
• The proposed alignment has been designed to avoid residential dwellings, farm buildings and archaeological sites with polesets to be positioned within hedgerows, where possible, to minimise impacts on agricultural practices. • The existing landscape has been shaped by human activity. The undulating topography and mature roadside vegetation will help to integrate the proposal into the landscape. The overall landscape character will partially change as a result of the proposed alignment but the new elements will not be substantially uncharacteristic when set within the receiving landscape.
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• Eirgrid’s standard route planning criteria complies with all authoritative international and national guidelines for ELF-EMF exposure. The goal of locating the centre of the proposed line more than 50 metres from existing dwellings is deemed to be met. Mr. Duncan’s dwelling is 180 metres from the alignment. At this distance there will be no change in the electromagnetic field levels in his home and no health impacts arise. • In circumstances where consent for proposed development has not yet been determined it is premature to address matters such as compensation and/or payments in respect of access to lands. • Land underneath the alignment would not be sterilised. Present agricultural practices would be able to continue under the OHL and around the polesets. Some restrictions on the height of trees would apply to minimise interference with the OHL.
8.5 Dr. Richard Look Tong
• The development will have a low visual impact on the surrounding environment. The existing landscape has been shaped by human activity. The overall landscape character will partially change as a result of the proposed alignment but the new elements will not be substantially uncharacteristic when set within the receiving landscape. • Eirgrid and ESB will comply fully with all relevant health and safety requirements during construction and operation. • Eirgrid does not perceive that there will be any significant negative impact on property values in the vicinity of the line over and above the depreciation in the property market generally. • Eirgrid as the Transmission System Operator is satisfied that the type of technology being proposed for the project is the most appropriate. • Eirgrid’s standard route planning criteria complies with all authoritative international and national guidelines for ELF-EMF exposure. The goal of locating the centre of the proposed line more than 50 metres from existing dwellings is deemed met. Dr. Look Tong’s dwelling is 290 metres from the alignment. At this distance there will be no change in the electromagnetic field levels.
8.6 Midlands Gateway Chamber
• Comments Noted
8.7 Westmeath County Council
• All recommendations made by the County Council during the preliminary stages of the project were incorporated within the project Constraints Report and summarised in the project Environmental Report and Communications Strategy. • The nearest land zoned for education/institution extension is on the northern side of the N52 within the Robinstown LAP. This site is more than 600 metres from the proposed alignment and the landuse zoning would not be affected.
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• The nearest existing residential property within the Robinstown LAP is on the R394 approx. 170 from the nearest poleset. • Land zoned for future residential development within the LAP is located on the southern side of the plan area approx. 1km from the proposed alignment. • The long term objectives of the Robinstown LAP and Mullingar Town Development Plan to develop sports and recreation facilities will not be compromised. • The proposed alignment will not adversely affect the character and visual amenity of the future walking and cycling routes along the Feeder Canal and the River Brosna. Micro-siting and planting of hedgerows would ensure that the character of the routes would not be adversely affected. • The open visibility of the structures will result in recognisable new elements within the overall scenery which will be prominently visible for a short distance from the local road in conjunction with the Kinnegad River. However the introduction of timber pole and angle mast structures will not substantially alter the existing landscape character of the area given the existing infrastructure present in the vicinity. Micro-siting and planting of hedgerow would ensure that the character of the future walking and cycling route and access for fishing would not be adversely affected. • The famine graveyard is located along the western boundary of the Lough Sheever Corporate Park some 625 metres from the proposed alignment and will not be affected. • No visual clutter or visual obstruction is created by the proposed alignment on the setting of Rattin Castle. • As part of the Landscape and Visual Impact Assessment the effect of the development on historic demesnes was assessed and it is concluded that no impact would arise. • The strategic investment in a major reinforcement of regional electricity transmission infrastructure is, in itself, a significant gain to the local and regional community of Westmeath. Notwithstanding, the issue of community gain is best decided by the Board. • The Westmeath Development Contribution Scheme does not contain a specific category or reference to pylons and pole support structures. It is considered that a development contribution liability does not arise. Notwithstanding, the matter is best decided by the Board having regard to the strategic nature of the proposal.
8.8 Meath County Council
• Paragraph 2.17 of Chapter 2 of the Environmental Report and Paragraph 3.39 of the Planning Report summarise the Meath County Development Plan policies. The applicable policies have been fully considered. • The only area where it would be possible to restore the degraded bog area traversed by the line is in the townland of Marlinstown. This would necessitate extensive removal of plantation forest to the north, which is unlikely to happen. As detailed in the Environmental report the addition of poles will lead to minimal long term impact (75m 2 of degraded bog will be permanently impacted at these pole-set locations). Species composition and typical degraded bog flora and fauna assemblages will re-colonise other areas subject to limited disturbance during the
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construction phase. All other bog habitat areas traversed are too degraded for restoration and therefore do not fulfil the criteria of Annex 1 habitat. • The River Boyne and River Blackwater SPA and Hevey Bog SAC have been considered in the overall assessment. The inclusion of these two sites will not alter the overall findings of the AA – Screening Report. • The proposed conditions are acceptable.
8.9 National Roads Authority
• Details regarding the safe construction of the power line across national roads were outlined in the Environmental Report. • Methods for crossing the road will be agreed with all relevant authorities prior to implementation.
8.10 Department of Arts, Heritage and the Gaeltacht
• The applicant will comply with DAHG’s recommendations in identification of the church (ME 046-003) and on the removal of bunting outside areas of land take for the project unless an access route passes within 20m of any known archaeology. • The mitigation measures detailed in the Environmental Report including preconstruction archaeological testing in areas of high archaeological potential, monitoring of construction works and demarcation of site/potential site during construction phase are considered to constitute best practice in terms of archaeological mitigation rather than the provision of an archaeological watching brief for all ground works. • As concluded in the Environmental Report there will be no significant impact likely to Whopper Swans and Mute Swans as well as other wintering and breeding birds. The requirement for bird deflectors is not considered necessary. Bird monitoring is proposed as part of the mitigation measures as a further precautionary measure. Whilst Eirgrid is of the view that such mitigation does not appear to be justified it is willing to comply with any reasonable condition requiring implementation of such measures. • The applicant agrees with the recommendations regarding red squirrel and breeding raptors. Conifer forests (and other woodlands) should have additional preconstruction checks/surveys within a suitable timeframe relevant to when works are likely to start. Specific updated precautionary mitigation (if required) will be recommended which will avoid/minimise disturbance risks.
Note : A letter from NRA to the applicant advising of no objection to the proposal and a report reviewing risk associated with gas migration from Marlinstown landfill accompany the submission.
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9.0 RESPONSES TO APPLICANT’S SUBMISSION
The applicant’s response was circulated for comment. The submissions received can be summarised as follows:
9.1 The NRA has no objection in principle to the proposal subject to a programme of works to be agreed with Westmeath County Council and the NRA.
9.2 Meath County Council has no further comment
9.3 Westmeath County Council
• It is considered that the enjoyment of recreational and sports facilities within the Robinstown LAP which are affected by the proposed OHL, will be diminished by the proposal. • Due regard should be had to the assessment of the potential visual impact of the proposal on the amenity and recreational value of the Royal Canal and its feeder line from Lough Owel. • The landscape setting of Rattin Castle is considered to be of importance and impacts of the proposal require detailed assessment.
9.4 The Department of Arts, Heritage and the Gaeltacht’s recommendation in terms of archaeology continues to be that all ground disturbances should be monitored.
9.5 Dr. Look Tong
• The view that the landscape has already been shaped by other activity is not sufficient justification. The Dublin to Sligo train line and Royal Canal are virtually invisible. Farm buildings, fences, gates, roads and tracts are all in keeping with the general use of the surrounding land. None are as dominant as the poleset and metal towers to be sited well within view of his house. • While assurances are given as to health and safety during construction, measures to be in place after construction are not addressed. • The response given to impact on value of land is vague and unreassuring. There are reports that acknowledge that power lines already have an impact on property values. • The response to the issue of alternatives is vague and does not set out why alternatives cannot be considered other than on the basis of cost. • The absence of evidence in terms of health risk does not mean there is no risk.
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10.0 POLICY AND GUIDANCE
National
10.1 National Development Plan 2007-2013
The National Development Plan notes that security of supply, competitively priced energy and environmental sustainability underpin the €8.5 billion investment in Energy over the Plan period.
10.2 National Spatial Strategy 2002-2020
Mullingar-Athlone-Tullamore is identified as a linked Gateway within the Midlands Region.
In terms of the relationship between local planning and electricity network planning, the NSS states that the important points to consider include the need to address electricity infrastructure in county development and local area plans to facilitate national, regional and local economic progress.
10.3 Energy Policy Framework 2007-2020 – Delivering a Sustainable Energy Future for Ireland (Energy White Paper)
Security of supply is highlighted as crucial for the economy and society. Robust networks and electricity generating capacity are needed to ensure consistent supply to consumers and all sectors of the economy.
It is an objective to continue to meet regional development requirements by supporting electricity investment programmes underway and planned by ESB Networks in the high voltage transmissions network and distribution network.
10.4 Government Policy Statement on the Strategic Importance of Transmission and Other Energy Infrastructure, July 2012
The Government reaffirms the imperative need for development and renewal of the energy networks, in order to meet both economic and social policy goals. It endorses, supports and promotes the strategic programmes of the energy infrastructure providers, particularly EirGrid’s Grid 25 investment programme across the regions.
10.5 Grid25
Grid25 is considered to be essential to supporting growth in the regions and ensuring continued reliability and security of supply and allowing regions to attract new and support existing industry. Key developments for the Midlands region are stated to be an additional investment of approximately €310m through upgrading 225 km of transmission network and new circuit build and reinforcement to cater for continued demand growth in the gateway towns of Athlone, Mullingar and Tullamore. The report outlines that without investment in the region’s electricity transmission network there will be no capacity over the next five to ten years and the reliability of the supply will fall below normal international standards.
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Furthermore, there will be no capacity in the network to allow further renewable generation to be connected.
Regional Planning Guidelines
10.6 Midlands Regional Planning Guidelines 2010-2022
The guidelines promote the improvement and expansion of the transmission network throughout the region. Section 5.8.4 sets a policy framework for electricity provision which states that County Development Plans should facilitate the sustainable provision of energy networks in principle provided that it can be demonstrated that: • The development is required in order to facilitate the provision or retention of significant economic or social infrastructure. • The route proposed has been identified with due consideration for social, economic, environmental and cultural impacts. • Where impacts are inevitable mitigation features have been included. • Where it can be shown the proposed development is consistent with international best practice.
10.7 Regional Planning Guidelines for the Greater Dublin Area 2010-2022
Future development of the grid and provision of infrastructure to transmit energy from existing and new generators is of vital strategic importance to the GDA.
Strategic Recommentation PIR25 - that reinforcements and new infrastructure are put in place by the key agencies, and their provision is supported in Local Authority policies, to ensure the energy needs of future population and economic expansion within designated growth areas and across the GDA can be delivered in a sustainable and timely manner and that capacity is available at local and regional scale to meet future needs.
Development Plan Provisions
10.8 Westmeath County Development Plan 2008-2014
The Plan recognises that Ireland’s electricity network is undergoing a major refurbishment programme. It seeks to encourage different forms of renewable energy such as wind and solar energy.
10.9 Meath County Development Plan 2007-2013
The availability of energy is of critical importance to the continued development and expansion of employment in Co. Meath. The Planning Authority recognises the essential requirements for electricity production and distribution. With increased residential development in the county and a drive for more industrial, commercial and employment generating uses, it will be important to ensure that the capacity of the energy networks is sufficient to meet these demands.
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It is an objective to encourage and facilitate the development of power generation facilities in the County, including the support of non renewable energy developments where it is consistent with the proper planning and sustainable development of the County.
Policies INF POL 92 -99 address energy networks and transmission lines.
Local Area Plans
10.10 Robinstown LAP 2005
The LAP comprises a study area of 500 hectares and a masterplan area of 267 hectares to allow for the expansion of Mullingar town northeastwards to the N4. The route of the power line traverses unzoned land and corresponds, in part, with a proposed park along the route of the River Brosna.
11.0 ISSUES AND ASSESSMENT
I consider that the issues arising can be addressed under the following headings
1. Need for Project and Compliance with National, Regional and Local Policies 2. Alternatives 3. Landscape and Visual Impact 4. Cultural Heritage 5. Ecology 6. Human Beings and Material Assets 7. Environmental Impact Assessment – Determination 8. Appropriate Assessment - Screening
Need for Project and Compliance with National, Regional and Local Policies
11.1 The need for the project is set out in the Planning Report (Volume D) and summarised in the Non-Technical Summary of the Environmental Report (Volume A). In short electricity demand in the Mullingar area has placed continued strain on the transmission network. Mullingar is currently supplied by two 110 kV OHLs and the network is approaching its technical limit leading to security of supply issues in the area. As the load increases over time, this limitation will manifest itself as a decline in network performance in the area. This degradation will be observed as low voltages and the increased potential for voltage dips or supply failure. In order for the transmission network to meet the required performance levels as stipulated by the Transmission Planning Criteria a new 110kV circuit connecting to Mullingar 110kV station is required. By adding the proposed 110 kV circuit to the existing transmission network feeding into Mullingar 110 kV Transmission Station via Kinnegad Transmission Station significant improvements would accrue to the quality, power flow and security of supply to the study area.
11.2 Policy documents at both National and Regional level as detailed in section 10 above are in favour of upgrades and improvements to the national grid. The stated purpose
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of the scheme so as to provide for the needs of the Mullingar area would support the NSS and Regional policies and objectives in terms of strengthening, consolidating and assisting in the development and growth of the Linked Gateway of which Mullingar forms part.
11.3 Both Westmeath and Meath County Development Plans have a positive presumption towards security of power supply of which the proposal would assist to ensure.
11.4 I submit that the applicant has provided sufficient information to conclude that the alignment would not adversely affect the realisation of objectives as set out in the Robinstown LAP which covers the lands to the north-east of the town as far as the N4. As per the relevant land use zoning map the lands across which the line is to traverse, although included within the boundary of the LAP, are generally unzoned. It would appear from the submission made by Westmeath County Council that the potential for the alignment to conflict with the objectives to develop sport and recreational facilities in Robinstown was raised with the applicants in discussions prior to the lodgement of the application. In this regard I note that the nearest lands which are zoned for recreation purposes (part of which has been developed adjacent to St. Loman’s Lakepoint GAA Park) are accessed from the R390 c. 330 metres to the south-west of the proposed alignment. I note that the alignment does not traverse the lands zoned for open space/municipal park although the route will align with the proposed linear park associated with the River Brosna immediately to the north and south of the R394. As noted by the applicant the nearest existing residential property within the Robinstown LAP is on the R394 approx. 170 metres from the nearest poleset. Land zoned for future residential development within the LAP is located on the southern side of the plan area approx. 1km from the proposed alignment.
11.5 Reference had also been made to the Ardmore/Marlinstown LAP which covers lands to the south-east of Mullingar. As noted from the maps attached to the plan the proposed alignment does not traverse or border the LAP lands.
11.6 In conclusion I am satisfied that the proposed development would assist in the realisation of higher order objectives in terms of security of electricity supply to levels necessary to meet anticipated demand which would advance the expansion and development of Mullingar which forms part of the designated gateway for the Midlands region and would accord, in principle, with the County Development Plans for the area without compromising the realisation of development objectives as set out in the Robinstown LAP.
Alternatives
11.7 Consideration of alternatives both in terms of route alignment and transmission infrastructure are set out in Section 6.11 of the Planning Report and summarised in Section 1 of the Environmental Report, including consideration of an underground circuit and alternative methods including voltage support through installation of capacitor banks in the Mullingar transmission station. The reasons for discounting same are set out therein. A total of 8 corridors (with minor deviations) comprising 5 no. overhead and 3 no. underground were assessed. Volume D (ii) Constraints
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Report sets out the considerations in terms of the said corridors including cultural and natural heritage and landscape designation. Following on from same the preferred route corridor was identified with details of the iterative approach taken set out in section 3 of the Environmental Report.
11.8 Having regard to the information provided with the application I am satisfied that the final route alignment and transmission infrastructure to be used has been put forward utilising a judicious and robust methodology and a comprehensive approach including consultation with relevant stakeholders and affected landowners.
Landscape and Visual Impact
11.9 It is reasonable to conclude that the route selection process was the main device used for mitigating potential impacts including visual and landscape impact. The landscape along the route is varied from the urban and suburban fringe of Mullingar, undulating agricultural land, bog extraction, conifer plantations and open exposed lowlands in addition to major infrastructural developments including the N4, M6, Lagan Cement Factory, existing 110kV and 220kV power lines and existing transmission stations. As per the current Development Plans that pertain to the area the proposed alignment does not cross or run in proximity to any designated landscapes (nearest being Lough Owel to the north) nor within or in proximity to any protected views and prospects.
11.10 I would concur with the applicant that the majority of the visual impacts will be experienced in areas where the line crosses the local road network, Kinnegad River and the Royal Canal. In terms of houses most effects will be experienced from a small number of properties in areas where the proposed alignment crosses a road. The majority of these properties are located in the townlands of Clonfad, Knockaville, Tornanstown, Clownstown and east of Mullingar in the vicinity of Curraghmore and Irishtown. Specific consideration was given in the assessment to the potential impact on demesne landscapes along the route. It was concluded that no material concerns arise either due to intervening distance or absence of any remaining discernible features.
11.11 I consider that the assessment of the proposal in terms of landscape character and visual impact can be sub-divided into five sections. The photomontages provided in section 6 of the Environmental Report, supplemented by larger formats in Volume A (ii) Figures (including key of photograph locations) and further details set out in Appendix C.1, are considered to be broadly accurate and the chosen viewpoints to be acceptable and representative of viewing experiences along the route. The photographs attached to this report are proposed as supplementary to same to show the general landscape character along the route.
Section A – Mullingar Transmission Station to N4 - to Poleset 24
11.12 The route commencing to the north of Mullingar town at Irishtown traverses a landscape which is largely urban/suburban in context across which existing power lines are evident as is common on the outskirts of built up areas. The local roads in the area are characterised by one off housing. The proposed additional apparatus
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and relocation of existing gantry and line/cable bays, in the context of the existing infrastructure, is acceptable with the existing station largely screened due to the existing wall and high roadside hedge. As noted there are pylons and OHLs radiating from the substation and the proposed route to which this application refers is to follow an existing 110kV power line that travels in a north-eastern direction from the transmission station. The transmission line is to be undergrounded for a distance of c.1km along the local road network coming overground in agricultural lands to the north of College Hill housing estate with tower 01 marking same. Views from the said houses would be limited to 1 st floor level. There would be a cumulative impact with the existing 110kV power line to which the current proposal is to run parallel to. Views from the old Longford Road across which the line is to traverse would be limited due to the relatively level topography of the area and screening afforded by roadside hedgerows/trees. The said road is on Mullingar Cycle Loops 1 and 2. Any views eastwards would be set in a view where the Lough Sheever Corporate Business Park forms the backdrop.
11.13 The OHL is to traverse both the Royal Canal Feeder Supply and rail line and then is to run to the north of the said business park along the route of the existing 110kV line. This section will require the rerouting of 800 metres of the existing line northwards through forestry requiring part removal to facilitate same. The landscape in this area has been materially altered by reason of development with the large commercial units in the business park dominating. There is the matter of cumulative visual effects of overhead power lines but in the context of the urban fringe location and the extent of development the impact is considered acceptable.
11.14 The line is to travel in an easterly direction to pylon 013 where it is to turn in a southerly direction. Whilst open views are available in a westerly direction from the local road and the R394 the Lough Sheever Corporate Park and commercial forestry form the backdrop to same. Although the OHL is to run parallel to the existing 110kV the cumulative impact is not considered to be a material concern.
11.15 The line is to cross the R394 and then traverse undeveloped low lying lands parallel to the N4. The northern outskirts of Mullingar town form the backdrop to views at this point. Views from the N4 flyover would be largely screened due to dense vegetation and forestry to either side of the national primary road. The lands, whilst forming part of the Robinstown LAP which envisages significant development, are not zoned for development and will effectively form a corridor between the expanded town and the N4. It is an objective of the plan to develop a walk parallel to the River Brosna. The proposed OHL which is to run parallel to the river for a short distance will have an impact on the visual amenities of the said amenity proposal but I would submit that existing development which would form the background for the majority of views, when travelling in both directions, would assist in placing the OHL in a suburban landscape context which would be capable of absorbing the visual impact. Views of the OHL from the south (in the vicinity of St. Loman’s) would be minimal due to the intervening distance and forestry.
Section B – Poleset 24 west of N4 to Poleset 055.
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11.16 The line is to cross the N4 at an angle at Ballagh. Views northwards from the N52 flyover would be largely screened due to the existing vegetation. The route then travels in a south-easterly direction parallel to the road as far as Clongawny on relatively level ground characterised by human intervention including one off housing, a closed landfill (Marlinstown), petrol station (Hamill’s) and bar/restaurant (The Roadhouse) with low voltage OHLs evident throughout. Views of the proposed OHL will be visible from one- off housing along the local roads, notably in the townland of Curraghamore.
11.17 Views of the line southwards from the N52 flyover at Pettiswood and indeed when travelling along the N4 would be largely screened due to the extensive planting on each side. The road layout in this area is currently being altered with a flyover under construction so as to allow for the removal of direct access from county roads onto the national primary route.
Section C - Poleset 56 to Poleset 77
11.18 The section of the route that crosses the Royal Canal travelling in a southerly direction as far as Tornanstown is largely undeveloped and low lying, with no road crossings. The most significant aspect in this stretch is the proposed crossing of the Canal which is a waymarked walking route and along which the Local Authority is proposing a walking and cycling path. The vicinity is undeveloped with noise from the N4 prevalent in the background. Whilst views travelling in both directions would be altered the impact would be limited to a distance of approx. 200 metres due to the sinuous route of the canal. As proposed the judicious siting of the polesets, relative to existing vegetation, would assist in this regard.
11.19 The lands east of the Canal comprise of bog and agricultural land. Whilst the OHL and polesets/pylons would represent an intervention I consider that the landscape is capable of absorbing same without undue impact. The absence of roads and housing in the area significantly reduces the number of viewing points or likely receptors. The OHL will cross the rail line for a second time near Baltrasna.
Section D - Poleset 78 to 121
11.20 The route from Tornanstown as far as its crossing of the M6 largely traverses agricultural land with pockets of commercial forestry noted throughout whilst bogland dominates in the area northeast of Milltownpass near Clonfad. There are to be a number of road crossings along which one off housing is evident. Human intervention is also evident from the presence of low voltage overhead wires traversing the landcape. This area, whilst having an innate rural quality, does not exhibit unique landscape qualities as to warrant designation. Views of the line from dwellings, notably in the townlands of Clonstown and Tornanstown, will be available but as a consequence of the relatively straight alignment the use of angle towers to facilitate change in direction are kept to a minimum. I consider that due to the nature of the landscape, the relatively level topography and the winding nature of the local road network precluding uninterrupted views, the visual impact would not be a material concern.
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Section E - Poleset 122 to Kinnegad Transmission Station
11.21 The route from its crossing of the M6 to the existing 110kV transmission station at the Lagan Cement Factory site is, again, characterised by human intervention including the factory forming the backdrop to any long distance views, the 220kV and lower voltage power lines and the M6 road infrastructure. Whilst the line is to run to the north of Rattin Castle the setting of the national monument is already impacted upon by the existing one off housing in its vicinity, the 220kV power line and the dominance of the M6 road. A 220kV pylon would continue to dominate views to and from same as evidenced in photomontages 12 and 13. There is the matter of the cumulative impact of the power lines at this point but taking into consideration the existing level of human intervention and the dominance of the M6 in immediate views the cumulative effect is considered acceptable. As the route approaches its conclusion the cement factory dominates. By and large views of the line would be screened by reason of the roadside vegetation and the winding nature of the local road network. The said transmission station is located with the lands owned by Lagan Cement Ltd. with access via a private road. The proposed extension to the station would be viewed in the context of what is effectively an industrial landscape and would not be visible from the nearest public roads. The said factory is c. 4km from Kinnegad.
Conclusion
11.22 The proposed alignment will bring about an intervention in the landscape but I consider that it will not necessarily be uncharacteristic when set within the attributes of the receiving landscape. In general I consider that the said landscape has the carrying capacity to absorb the proposed development and that the visual amenities of the area would not be compromised. The applicant appears to have exercised care in the choice of structure and minimizing, insofar as is practicable, the amount of angle masts that would be used.
Cultural Heritage
11.23 As above the route selection process appears to be the main device used for mitigating the potential impact in terms of cultural heritage. Whilst there are no documented archaeological sites to be immediately affected by the route there are a number of known sites in close proximity. It is also acknowledged that there is a possibility of archaeological material being encountered with a number of previously unrecorded features identified that have the potential to be impacted upon by the proposed development. Tables 7.9-7.47 set out mitigation measures in each instance (known and previously unknown). In the majority of instances archaeological monitoring of groundworks associated with polesets/pylons in the vicinity are proposed. Archaeological testing at four sites is recommended including the 1km underground stretch in Irishtown as set out in Table 7.9 (this site does not appear to be listed in Table 7.48 which gives a summary of recommended mitigation measures). The demarcation of the monuments to prevent inadvertent damage during construction is recommended in certain cases
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11.24 The affect of the OHL on the setting of certain sites is also assessed including Rattin Castle and I accept the conclusions that minimal impacts would arise. As noted above the setting of same has been materially altered as a consequence of the 220kV power line and M6 roads infrastructure.
11.25 Counter to the recommendation from the Department of Arts, Heritage and the Gaeltacht the applicant contends that the mitigation measures detailed in the Environmental Report, including preconstruction archaeological testing in areas of high archaeological potential, monitoring of construction works and demarcation of site/potential site during construction phase, constitute best practice rather than provision of an archaeological watching brief for all ground works. The Department in a response to same stands by it original recommendation.
11.26 I note that the Board, in approving other comparable developments throughout the country, has attached conditions which require monitoring of all groundworks which would accord with the Department’s recommendation in this instance. In the interests of consistency I consider it appropriate that such a requirement be attached in this instance.
11.27 No buildings of architectural merit are affected by or are in the vicinity of the proposed OHL alignment. As noted above material consideration has been given to the potential impact on Demesne landscapes along the proposed route including Ballyglass Demesne to the north and Larkfield House at Tornanstown although the alignment does not cross any such landscape. I accept the conclusion that there would be no impact on these landscapes.
Ecology
11.28 Section 5 of the Environmental Report addresses the issue of ecology which is supplemented by details of Wintering Birds Surveys (Appendix B1) and an AA – Screening Statement (Appendix B2). I recommend that this section be read in conjunction with the AA-Screening carried out below
11.29 As above the route selection process appears to be the main device used for mitigating the potential impact in terms of ecology and the route of the OHL does not traverse or abut any designated SAC, SPA or pNHA. Lough Owel SAC and SPA is the closest designated site being 1.29km to the north of the line. Lough Sheever Fen/Slevin’s Lough Complex pNHA is c.450 metres from the line whilst it is to be set back c.400 metres from Milltownpass Bog pNHA. The Royal Canal which is a pNHA is to be crossed although no poleset or tower structure is to be placed within the designated boundary.
11.30 Save for the built up area associated with Mullingar the study area is largely rural agricultural farmland with dairy and tillage predominating. Commercial forestry is doted throughout with peat lands including peat bog harvesting noted in the southeast.
11.31 Approx. 250m 2 of degraded raised bog habitat would be affected by the proposal (see table 5.5 of report) with the lands affected in the vicinity of the townlands of Ballagh, Marlinstown and Baltigee. By way of a response to the issues raised in Meath
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County Council’s submission pertaining to existence of raised bog still capable of natural regeneration (listed in Annex 1 Habitats Directive) the applicant states that the only area where it would be possible to restore the degraded bog area traversed by the line is in the townland of Marlinstown. This would necessitate extensive removal of plantation forest to the north, which is unlikely to happen. The addition of poles will lead to minimal long term impact (c.75 sq.m. of degraded bog will be permanently impacted at pole-set locations). Species composition and typical degraded bog flora and fauns assemblages will re-colonise other areas subject to limited disturbance during construction phase. All other bog habitat areas traversed are too degraded for restoration and therefore do not fulfil the criteria of Annex 1 habitat. Existing access tracks will be used for any required maintenance works. No permanent access tracks are proposed on degraded bog habitat with maintenance to be by foot or appropriate mitigation used (bog mats).
11.32 A bat survey undertaken along the line route concluded that densities are relatively low with no significant potential roost sites identified. In cases where tree cutting is required suitable mitigation following best practice is to be implemented. Reference is made to the document ‘Guidelines for the Treatment of Bats during the Construction of National Roads Schemes’ (NRA 2006). It is also considered that trimming and location of new towers in the vicinity of foraging routes (eg. Hedgerows) will not significantly alter forage patterns.
11.33 Badgers are recorded to be present within the proposed alignment. The project design is so as to ensure that no towers will be placed within 30 metres of a sett entrance and all works in the vicinity of the badger setts will comply with mitigation measures proposed in the report and in consultation with the NPWS. Compliance with guidance as set out in the NRA’s Guidelines for the Treatment of Badgers prior to the Construction of National Roads Scheme is proposed. As a consequence of the incorporation of such measures poleset 49 on Maureen Levy’s lands (Observer to the application) has been repositioned away from the hedgerow due to active main and outlier badger setts.
11.34 As part of the Route Corridor Assessment a wintering birds survey was conducted once a month from October 2010 to April 2011. This survey was repeated for the preferred route corridor and study area during the winter 2011-2012. The study concluded that:
• Flightlines and wintering bird activity are focussed around Loughs Ennell and Owel where most bird species of conservation significance are relatively sedentary. • The alignment does not cross any significant wintering bird site • No flightlines were noted within 5km of the proposed alignment • More mobile species including whopper swans and white fronted geese do not typically occur in the vicinity of the proposed alignment. Whooper swan and associated flightlines were recorded 8km from the site; and • The existing transmission line infrastructure present is not causing any noticeable impacts to existing wintering bird populations in described SPA sites.
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On the basis of the above it is concluded that no significant adverse impacts are expected to wintering birds.
11.35 It is noteworthy that the Department of Arts, Heritage and the Gaeltacht, notwithstanding the results of the said wintering birds surveys, considers that there is the potential for the proposal to significantly impact on a number of habitats and species mentioned in the EU Habitats Directive. The potential impacts are considered to be bird collisions with overheads wire and disturbance and loss of breeding sites. In order to mitigate these potential impacts the erection of bird deflector devices on the proposed power line between Irishtown and Curraghmore townlands in order to protect bird flight lines between local designated lakes and other undesignated wetlands is recommended. The Department did not comment on the applicant’s response in this regard, notably that deflectors are not considered necessary.
11.36 On the basis of the information now before the Board I am not convinced that such measures are necessary in view of the results of the surveys provided. I would also note that the existing OHLs that emanate from the existing transmission station in Irishtown, including the existing 110kv power line, have not resulted in any reported concerns in terms of bird collisions. The applicant advises that given the timescale involved in the project and possible changes in bird behaviour (areas used), precautionary ongoing winter bird monitoring is proposed.
11.37 As noted above a series of mitigation measures are proposed to protect habitats, species and watercourses and include pre-construction surveys for species including birds, badgers and bats, particularly at key ecological habitat receptors which are likely to be impacted (due to time lag likely to arise between original baseline ecological surveys and commencement of the construction phase). The results of these surveys will inform if licences and appropriate conditions are required by NPWS. The measures are set out in paragraphs 5.94 to 5.96 of the Environmental Report. The mitigation measures also provide for the retention of an ecologist to monitor all works in sensitive raised bog habitat and other key ecological receptors. In this regard I note that the applicant has no objection to the Department of Arts, Heritage and the Gaeltacht’s recommendation that prior to works in conifer plantations a qualified ecologist should survey and consider mitigation, if required, for Red Squirrel and breeding raptors which frequently breed in coniferous plantations. I recommend that this can be addressed by way of condition.
11.38 In conclusion I am satisfied, subject to the mitigation measures proposed, that it is unlikely that any significant impacts are likely to arise on the receiving ecological environment and habitat and that the proposal is acceptable in term of impacts on natural heritage. Impacts arising from the proposed works are evaluated as being limited to the local context and would not extend in significance to the Natura 2000 sites.
Human Beings and Material Assets
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11.39 It is quite evident that significant weight was assigned to the setting back of the OHL as far as is practicable from residential properties. In all instances a minimum of 50 metres is attained.
11.40 A number of the Observers to the application have expressed concern regarding the potential impact of the OHL on both human and animal health. This primarily relates to perceived adverse effects arising from electro-magnetic fields (EMFs) associated with the intended line. The Observers’ concerns are understandable and not unusual in terms of such type development. Limits for exposure to EMFs have been set by the International Commission on Non-Ionizing Radiation Protection (ICNIRP), advising the World Health Organization (WHO). It is the applicant’s case that the proposed development will adhere to both international and national guidelines and that the EMF associated with this project would fall well below the recommended ICNIRP guidelines. I consider that EirGrid has taken reasonable precautions to ensure a separation distance from dwellings well in excess of internationally accepted standards and, therefore, it is my opinion that these objections cannot be sustained.
11.41 A number of the Observers have raised concerns regarding the potential loss of value of their land including impact on development potential such as sites for residential development, interference with agricultural use (including need for stays at polesets), and in terms of the observation from J. & B. Hamill, interference with a helipad. In this regard I note that there is a specific code of practice between the ESB and IFA titled ‘ Survey, Construction and Maintenance of Overhead Lines in Relation to the Rights of Landowners ’ (1985) that allows for ameliorative or compensatory measures where there is a potential loss of development rights. These matters, including concerns in terms of interference with any use, can be addressed on an individual basis through these guidelines and is largely outside the scope of the current application. I note that the need or otherwise for stays at polesets will depend on ground conditions and will be determined after ground investigations at the detailed construction stage.
11.42 In terms of concerns regarding precedent, any decision in the context of this application cannot be construed as acceptance or approval for further development along the alignment. Each proposal would be assessed on its merits.
11.43 In terms of safety and the concerns raised by Mr. D. Tong the line, itself, would be made up of masts and polesets. Both types of structures have been employed extensively in Ireland with satisfactory safety records.
11.44 The issue of visual impact on residential properties is also detailed as a concern. As stated above I consider that the proposed alignment will bring about an intervention in the landscape and on its visual amenities but I consider that it will not necessarily be uncharacteristic when set within the attributes of the receiving landscape. In general I consider that the said landscape has the carrying capacity to absorb the proposed development and that the visual amenities of the area would not be compromised. The applicant appears to have exercised care in the choice of structure and minimizing, insofar as is practicable, the amount of angle masts that would be used.
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11.45 In response to the observation by John and Brian Hamill regarding the proximity of the line to the Marlinstown landfill and gas migration the applicant commissioned a risk assessment which concluded that the landfill gas would not pose any risk to the operation of the power line but that health and safety during the construction phase needs to be considered. I concur with the view that such matters can be addressed at detailed construction management phase.
11.46 Construction of this line would involve multiple crossings of public roads including two of the N4, one of the N52 and one of the M6. All of these are to be achieved in the established manner, and they do not present an obstacle. The NRA has confirmed that it has no objection in principle to the proposal subject to the programme of works to be agreed with Westmeath County Council and the NRA to include for appropriate maintenance of safety levels and standards of the national route through appropriate best practice in construction methods and traffic management.
11.47 While there is a provision for payment of a contribution in relation to community gain (Section182B(6)) it is considered that the proposed development is a significant benefit to the local community as it will facilitate the continued development of Mullingar which is part of the linked gateway for the midlands region. I therefore do not consider that a condition requiring such a ‘community gain’ is appropriate in this case. I note that the Board has not attached such a condition on comparable power line/utility applications.
EIA - Determination
11.48 Under Section 182(A) of the Planning and Development Act 2000-2011 the undertaker is required to prepare an EIS for development which belongs to a class of development identified as requiring assessment for the purposes of Section 176 of the Act which also provides thresholds. The relevant classes of development are set out in Schedule 5 of the Planning and Development Regulations 2001 as amended as follows:
Part 1 20. Construction of overhead electrical power lines with a voltage of 220 kilovolts or more and a length of more than 15 km
Part 2 3(b) Energy industry – industrial installation for carrying gas, steam and hot water ….or transmission of electrical energy by overhead cables not included in Part 1…where the voltage would be 200kV or more.
11.48 The extension to the substation at Kinnegad does not fall within the scope of the said development whilst the OHL having a distance of c. 24km at 110kV falls below the 220kV power output threshold. As such the preparation of an EIS is not mandatory. The Board at the conclusion of the pre-application consultations on this case was of the preliminary view that an EIS was unnecessary.
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11.49 The Board as the Competent Authority is required to determine whether significant effects on the environment are likely to arise in the case of sub-threshold development with regard had to the requirements as set out in Section 172 of the Planning and Development Act 2000-2011 and Article 109 of the Planning and Development Regulations, 2001, as amended.
11.50 In the case of the subject application I am satisfied that the likely impacts to arise as a result of the proposed development, both at construction and operation stages, have been identified and assessed in the Environmental Report above and pertain to human beings and material assets, landscape and visual impact, ecology and cultural heritage. I have addressed same in my assessment under the headings above. On the basis of this assessment I submit that the significant effects on the environment are not likely to arise and that preparation of an EIS for the sub-threshold development is not necessary.
Appropriate Assessment – Screening
11.51 The Board is obliged under the Habitats Directives to take into consideration the possible effects a project may have, either on its own or in combination with other plans and projects on a Natura 2000 site. Due regard is had to guidance document ‘Appropriate Assessment of Plans and Projects in Ireland’ published by the DoEH&LG in December 2009.
11.52 It is considered that the information provided with the application is sufficient to enable a screening assessment to be carried out in this case. In this regard an AA - Screening Assessment was undertaken by the applicant, a copy of which is included in Volume A(iii) - Appendices.
11.53 The site in question is not within nor abuts a designated Natura 2000 site with the nearest being Lough Owel SAC and SPA c. 1.3km to the north-west of the proposed OHL. Lough Ennell SAC and SPA is c. 5.7 km to the south-west with the River Boyne and River Blackwater SAC c. 7km to the east. Lough Owel is one of the most important examples of limestone lakes in the midlands and also one of the most important midland lakes for wintering waterfowl. Lough Ennell is also important for wintering waterfowl. Both lakes are vulnerable to pollution from agricultural and domestic sources while a deterioration in water quality could affect bird populations.
11.54 Generic conservation objectives exist for the said SACs and SPAs, namely to maintain their special conservation interests at favourable conservation status. The maintenance of habitats and species within Natura 2000 sites at favourable conservation condition will contribute to the overall maintenance of those habitats and species at a national level.
11.55 Risk in terms of water quality issues during construction stage, notably loss of silt giving rise to suspended solids in receiving waters during the construction stage is a relevant consideration. In view of the nature and scope of the works associated with polesets and tower structures such impacts would be localised and standard pollution control procedures would be sufficient to ensure adequate protection.
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11.56 In terms of impacts on raised bog still capable of natural regeneration which is listed in Annex 1 of the Habitats Directive the only area where it would be possible to restore the degraded bog area traversed by the line is in the townland of Marlinstown. This would necessitate extensive removal of plantation forest to the north. I would accept the applicant’s assertion that is unlikely to happen.
11.57 I submit that the substantive issue arising pertains to potential impact on wintering bird populations associated with the SPAs. Two wintering bird surveys have been conducted to inform the applicant in this regard which conclude that:
• Flightlines and wintering bird activity are focussed around Loughs Ennell and Owel where most bird species of conservation significance are relatively sedentary. • The alignment does not cross any significant wintering bird site • No flightlines were noted within 5km of the proposed alignment • More mobile species, including whopper swans and white fronted geese, do not typically occur in the vicinity of the proposed alignment. Whooper swan and associated flightlines were recorded 8km from the site; and • The existing transmission line infrastructure present is not causing any noticeable impacts to existing wintering bird populations in described SPA sites
11.58 Notwithstanding the above the Department of Arts, Heritage and the Gaeltacht in its first submission to the Board recommended the erection of bird deflector devices on the proposed power line between Irishtown and Curraghmore townlands in order to protect bird flight lines between local designated lakes and other undesignated wetlands. The applicant in response reiterated the findings of the Environmental Report that there will be no significant impact likely to Whopper Swans and Mute Swans as well as other wintering and breeding birds. The requirement for bird deflectors is not considered necessary. Bird monitoring is proposed as part of the mitigation measures as a further precautionary measure.
11.59 On the basis of the information provided, the absence of any evidence that bird collisions are a prevalent concern with the existing power lines in the townlands of Irishtown and Curraghmore and the proposed monitoring, I do not consider that need for the bird deflector devices has been substantiated. I note that the Department did not comment further on this matter is its response to the applicant’s comments.
11.60 No other significant construction project is known to be ongoing in the area which is likely to be impacting Natura 2000 sites. As part of the Mullingar-Kinnegad 100kV Scheme, the proposed line crosses under the existing 220kV line adjacent to Rattin. A tower associated with this line to be moved further along the same alignment by approx. 20 metres. This tower is currently situated on improved agricultural grassland habitat and the new location will also be improved agricultural habitat which is of low ecological value. These will be no impact to Natura 2000 sites as a result of this tower move.
11.61 Having regard to the qualifying interests and conservation objectives of the Natura sites Lough Owel SPA (site code 004047), Lough Owel SAC (site code 000688),
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Lough Ennell SPA (site code 004044) and Lough Ennell SAC (site code 000685) the intervening distance and land uses; and the nature of the proposed development; it is considered that the proposed development, alone and in combination with other plans or projects, would not have significant effects on Natura 2000 sites and that the carrying out of further stages of appropriate assessment, is not required.
12.0 CONCLUSIONS AND RECOMMENDATION
In conclusion:
• The proposal, seeking to provide sufficient electricity supply to the Mullingar area, constitutes a strategic infrastructural development that accords with and will advance national, regional and local policies and objectives in terms of energy provision and security of supply and the advancement and development of the linked gateway of Mullingar-Tullamore-Athlone.
• There has been a comprehensive and robust assessment of the alternatives in terms of both route selection and transmission infrastructure and that the alignment the subject of this application, provides for a route which would limit the impacts on the environment.
• The alignment does not traverse or abut landscapes designated as being of scenic importance and whilst the OHL will have some visual impact the carrying capacity of the receiving environment, which is considered robust with significant evidence of human intervention, is more than sufficient to absorb the proposal without significant adverse effect.
• The line would not impact on any known archaeological site and appropriate pre- testing and monitoring should ensure against any adverse impacts. The proposal would have no impact on any demesne landscape in the vicinity.
• The line does not traverse nor is adjacent to any site designated as being of ecological importance. Sufficient information has been provided in support of the application that the flight paths of protected bird species would not be impacted upon.
• The alignment subject of this application has maintained the maximum separation distances from residential properties with the minimum criteria of 50 metres setback maintained in all instances. The issue of impact on future development rights and compensation are not matters for adjudication in this application.
I recommend that the proposed development be approved for the following reasons and considerations subject to conditions.
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REASONS AND CONSIDERATIONS
Having regard to:
a) the provisions of the National Development Plan, 2007-2013;
b) the provisions of the Government White Paper ‘Delivering a Sustainable Energy Future for Ireland-The Energy Policy Framework 2007-2020’;
c) the provisions of the National Spatial Strategy for Ireland 2002-2020, which seek to strengthen energy networks in the regions;
d) the policy statement set out in ‘Government Policy Statement on the Strategic Importance of Transmission and Other Energy Infrastructure’ issued by the Department of Communications, Energy, and Natural Resources, July 2012;
e) the provisions of the Westmeath County Development Plan and Meath County Development Plan
f) the demonstrated need for the development in improving infrastructure provision in the region, in particular, to accommodate the needs of Mullingar which forms part of the Linked Gateway for the Midlands Region
g) the pattern of development in the area;
h) the Environmental Report and Appropriate Assessment Screening Report submitted, along with the mitigation measures set out in the documentation submitted with the application;
i) the submissions on file and Inspector’s report and assessment
It is considered that, subject to compliance with the conditions set out below, the proposed development would not seriously injure the amenities of the area or of property in the vicinity, would be acceptable in terms of visual impact, would not be prejudicial to public health or safety, and would not have significant adverse effects on the environment. The proposed development would, therefore, be in accordance with the proper planning and sustainable development of the area.
CONDITIONS
1. The proposed development shall be carried out and completed in accordance with the plans and particulars, including the mitigation measures specified in the
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Environmental Report lodged with An Bord Pleanala on the 18 th day of July, 2012 and the submission lodged with An Bord Pleanala on the 17 th day of October, 2012, except as may otherwise be required in order to comply with the following conditions.
Reason : In the interest of clarity.
2. Prior to the commencement of development, a construction management plan shall be submitted to, and agreed in writing with, the planning authority, following consultations with relevant statutory agencies, including Inland Fisheries Ireland and the Department of Arts, Heritage and the Gaeltacht. This plan shall incorporate the mitigation measures indicated in the environmental report, and any others deemed necessary, and shall provide details of intended construction practice for the proposed development, including:
a) Location of the site and materials compounds, including areas identified for the storage of construction refuse; b) Location of areas for construction site offices and staff facilities; c) Details of site security fencing and hoardings; d) Details of on-site car parking facilities for site workers during the course of construction; e) Details of the timing and routing of construction traffic to and from the construction site and associated directional signage, to include proposals to facilitate the delivery of abnormal loads to the site; f) Measures to obviate queuing of construction traffic on the adjoining road network; g) Measures to prevent the spillage or deposit of clay, rubble or other debris on the public road network; h) Alternative arrangements to be put in place for pedestrians and vehicles in the case of the closure of any public road during the course of site development works; i) Details of appropriate mitigation measures for noise, dust and vibration, and monitoring of such levels; j) Details of control measures to mitigate the risk associated with landfill gas in the vicinity of Marlinstown Landfill and monitoring of same; k) Containment of all construction related fuel and oil within specially constructed bunds to ensure that fuel spillages are fully contained; such bunds shall be roofed to exclude rainwater; l) Disposal of construction/demolition waste and details of how it is proposed to manage excavated soil; m) A water and sediment management plan, providing for means to ensure that surface water run-off is controlled such that no silt or other pollutants enter local water courses or drains, and n) Details of a water quality monitoring and sampling plan.
Monitoring of the construction phase shall be carried out by a suitably qualified person to ensure that all mitigation measures contained in the environmental report are implemented. A record of daily checks that the works are being undertaken in accordance with the construction management plan shall be available for inspection by the planning authority. Monitoring reports shall be submitted to the planning
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authority and other relevant statutory bodies in accordance with the requirements of the planning authority.
Reason : In the interest of protecting the amenities of the area, preventing pollution of surface waters, protection of existing habitats and to secure the appropriate management of the local road network.
3. Prior to commencement of development the undertaker shall agree with the National Parks and Wildlife Service and the planning authority a protocol for surveying relevant areas of coniferous plantation for Red Squirrel and breeding raptors. In the event of these surveys identifying such species, measures for their protection shall be incorporated into the construction management plan.
Reason : In the interest of protecting the habitats of a protected species.
4. The undertaker shall facilitate the preservation, recording and protection of archaeological materials or features that may exist within the site. In this regard, the undertaker shall –
a) Notify the planning authority in writing at least four weeks prior to the commencement of any site operation (including hydrological and geotechnical investigations) relating to the proposed development, b) Employ a suitably qualified archaeologist who shall monitor all site investigations and other excavation works, and c) Provide arrangements, acceptable to the planning authority, for the recording and for the removal of any archaeological material which the authority considers appropriate to remove.
In default of agreement on any of these requirements, the matter shall be referred to An Bord Pleanála for determination.
Reason : In order to conserve the archaeological heritage of the site and to secure the preservation and protection of any remains that may exist within the site.
5. All road surfaces, culverts, watercourses, verges and public lands shall be protected during construction and, in the case of any damage occurring, shall be reinstated to the satisfaction of the planning authority. Details in this regard shall be agreed with the planning authority prior to commencement of development.
Reason: In order to ensure a satisfactory standard of development.
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6. Prior to commencement of development, the undertaker shall lodge with the planning authority a cash deposit, a bond of an insurance company, or other security to secure the satisfactory reinstatement of all public roads damaged as a result of activities related to construction of the proposed development, coupled with an agreement empowering the planning authority to apply such security or part thereof to the reinstatement of such roads. The form and amount of the security shall be as agreed between the planning authority and the undertaker or, in default of agreement the details shall be referred to An Bord Pleanála for determination.
Reason: To ensure the satisfactory reinstatement of the road network.
______Pauline Fitzpatrick Inspectorate
November, 2012
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