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Inspectors Report (RL3/RRL3482.Pdf, .PDF Format 158KB) Inspector’s Report RL11.RL3482 Question Whether an electricity grid connection to connect wind farm at Cullenagh Mountain to a sub-station in Port Laoise, is or is not development and is or is not exempted development. Location Cullenagh Mountain, Ballyroan and Port Laoise, Co. Laois. Declaration Planning Authority Laois County Council Planning Authority Reg. Ref. 10/5 Applicant for Declaration People Over Wind Planning Authority Decision None Referral Referred by Laois County Council Owner/ Occupier Coillte Teoranta Observer(s) People Over Wind Date of Site Inspection 10th March 2017. Inspector Michael Dillon RL 11.RL3482 Inspector’s Report Page 1 of 32 1.0 Site Location and Description 1.1. The site is linear (15.4km), linking a permitted wind farm of 18 no. turbines and associated site works, within a Coillte forestry plantation at Cullenagh Mountain (high point 317m), to the east of the village of Ballyroan; connecting it via underground cable (mostly within public roads – amongst which are the R425, R426 and R922 Regional Roads) linking Ballyroan with a sub-station at Abbeyleix Road, Port Laoise, Co. Laois. Only two short sections of county road are included – the run into Ballyroan village and the county road (L6310) connecting the R426 and R922 at Meelick townland just to the south of Port Laoise. The route crosses over the M7 Motorway by-pass of Port Laoise within the Rathleague over-pass bridge structure. A total of 12 no. watercourse crossings have been identified along the route. There is one stretch of bog rampart construction on the R425, within the townlands of Ballyknockan and Pass (a length of approximately 1.0km), flanked mostly by Coillte forestry plantations. The cable route is off-road along most of this bog rampart section. 1.2. There has been considerable clear-felling within recent months at the Coillte plantation at Cullenagh Mountain (the wind farm site). There are two mobile phone masts within this plantation – recently exposed through clear-felling. The roads along which it is proposed to lay the cable are wide enough for two vehicles to pass – with the exception of one small stretch (the Coach Road) just to the east of the village of Ballyroan where two cars can pass only with care. The roads in the vicinity of Port Laoise are heavily trafficked – the R922, L6310, R426 and R425 as far as Sheffield Cross Roads, being particularly busy on the date of site inspection. There is an amenity picnic area at the junction of the R425 and R427 roads, with overhead 400kV cables at this location. Where the route leaves the public road network and enters farmland in the townland of Cloncullane, there is a farm track running a considerable way up the hill towards the Coillte forestry plantation at Cullenagh Mountain. The area comprises intensively farmed, improved agricultural grassland which has been drained, fenced, gated and provided with drinking troughs for livestock. There are a number of one-off houses flanking the route – with a particular concentration just to the south of Sheffield Cross Roads, at Cappoley townland. RL 11.RL3482 Inspector’s Report Page 2 of 32 2.0 The Question 2.1. Whether an electricity grid connection for a wind farm at Cullenagh Mountain, is or is not development and is or is not exempted development. 3.0 Planning Authority Declaration 3.1. Declaration Laois County Council considered that the level of information available to it, in relation to the question put by People Over Wind, did not allow it to make a Section 5 Declaration in this instance. Given that the Board had issued the grant of planning permission in relation to the wind farm at Cullenagh Mountain (ref. 13/268 – PL 11.242626), which the grid connection would serve, it was deemed appropriate to seek a declaration from the Board under section 5(4) of the Planning and Development Act 2000. 4.0 Planning History Ref. 13/268: Permission refused by LCC to Coillte Teoranta for development comprising a wind farm of 18 no. turbines and associated infrastructure [but not including a grid connection] at Cullenagh Mountain and lands to the south. The application was accompanied by an EIS and an NIS. The applicant appealed the decision to the Board (PL 11.242626), and by Order dated 17th June 2014, permission was granted subject to 22 no. conditions. The development has not been carried out to date. Ref. 16/481: Permission granted by LCC on 16th November 2016, to construct a 15.4km long, 38kV, underground grid connection from Cullenagh Mountain wind farm site to an existing electricity sub-station at Abbeyleix Road, Port Laoise. Approximately 78% of the route is located within public roads/verges. This decision was the subject of a third party appeal to the Board (PL 11.247703). There is no decision to date on this appeal. RL 11.RL3482 Inspector’s Report Page 3 of 32 5.0 Policy Context 5.1. Wind Energy Development – Planning Guidelines (2006) At section 6.11.3 it is indicated that- “The cost of underground connection from the compound to the national grid is generally prohibitive. This connection can thus be above ground in all but the most sensitive landscapes”. 5.2. Development Plan The relevant document is the Laois County Development Plan 2011-2017. Section 3.2.2 indicates that it is a Core Aim of the Plan- “To promote and support the development of the renewable energy resource of the County including in particular from wind, waste material, solar, hydro and biomass energy, subject to normal proper Planning considerations”. Policy ET 9 / P01 seeks to- “Facilitate energy infrastructure provision, including the development of renewable energy sources at suitable locations, so as to provide for the further physical and economic development of County Laois”. The Coach Road, Bunny’s Bridge, just to the east of Ballyroan village is included in the Record of Protected Structures (RPS) – no. 661. 5.3. Laois Wind Strategy 2011-2017 The Wind Strategy is contained within Appendix 5 of the County Development Plan. There are no specific policies or objectives within this document relating to grid connections for wind farms, other than 6.13 which states- “Connections within the wind farm will be laid underground”. 5.4. Draft Laois County Development Plan 2017-2023 This Draft Plan includes at Section 2.1.2, Aim 13 which states- “Ensure that development is promoted, supported or facilitated by the Laois County Development Plan, provides for climate change including the increased risk of flooding and the promotion of renewable energy where possible;”. Policy EN3 states- “Promote and facilitate wind energy development in accordance with Guidelines for Planning Authorities on Wind Energy Development (Department of Environment, Heritage and Local Government, 2006) and the Wind Energy Strategy which forms part of this Plan, and subject to compliance with normal planning and environmental criteria;”. It is further policy of the Council- ELEC1 “Ensure the provision, where feasible, of electricity cables been [sic] located underground, especially in the urban environment, and generally within areas of public open space;”. The Coach Road, Banny’s Bridge, remains on the list of Protected Structures (no. 661). RL 11.RL3482 Inspector’s Report Page 4 of 32 5.5. Draft Laois Wind Strategy 2017-2023 The Wind Strategy is contained within Appendix 5 of the Draft County Development Plan. There are no specific policies or objectives within this document relating to grid connections for wind farms, other than 6.13 which states- “Connections within the wind farm will be laid underground”. 5.6. Natural Heritage Designations There are a number of European sites within a 15km radius of the linear grid connection route- • River Barrow and River Nore SAC (Site code 002162). • River Nore SPA (Site code 004233). • Slieve Bloom Mountains SAC (Site code 000412). • Slieve Bloom Mountains SPA (Site code 004160). • Mountmellick SAC (Site code 002141). • Ballyprior Grassland SAC (Site code 002256). • Lisbigney Bog SAC (Site code 000869). 6.0 The Referral 6.1. Referrer’s Case The Planner’s Report from the Council (dated 18th May 2016) can be summarised in bullet point format as follows- • People Over Wind consider that the grid connection for the wind farm at Cullenagh Mountain was not subject to EIA or AA, as required by law, and, therefore, cannot be considered exempted development. • A section 5 declaration was sought from LCC on the matter. • A grid connection did not form part of wind farm application ref. 13/268, and it was indicated that it may be exempted development. The connection was indicated to the sub-station at Abbeyleix Road, Port Laoise. • The Council considers that the question put to LCC is too vague. RL 11.RL3482 Inspector’s Report Page 5 of 32 • Further information was requested of the applicant for the declaration (People Over Wind). The response received was insufficiently detailed to allow LCC to make a declaration. • Given the importance of the question, and as it relates to a large wind farm development which was granted by the Board, it was considered appropriate to seek a section 5(4) determination from the Board. By letter dated 24th June 2016, the Board wrote to LCC requesting details of the grid connection route and type. By letter dated 14th July 2016, LCC responded that it did not have any details in relation to the grid connection route. 6.2. Original Observer’s Response The Board referred the referral case to People Over Wind on 24th May 2016, requesting comment. The response, received by the Board on 14th June 2016, can be summarised in bullet point format as follows- • The EIS for the wind farm at Cullenagh Mountain states that the grid connection will be to the sub-station at Abbeyleix Road, Port Laoise.
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