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Development Management Officer Report Committee Application

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Development Management Officer Report Committee Application A Application ID: H/2013/0114/F Development Management Officer Report Committee Application Summary Committee Meeting Date: Item Number: Application ID: H/2013/0114/F Target Date: Proposal: Location: Erection of 250kw wind turbine at hub height 150m North West of 14 Curragh Road of 31m (Submission of Noise Impact Maghera Assessment) Referral Route: This application is being presented to Committee as there have been three objections received in respect of the proposal and the development is being recommended for refusal. Recommendation: REFUSE Applicant Name and Address: Agent Name and Address: Ivor Hyndman Evergreen Biogas 14 Curragh Road 40 Greenville Road Maghera Ardstraw BT46 5ER Newtownstewart BT78 4LU Executive Summary: Signature(s): Application ID: H/2013/0114/F Case Officer Report Site Location Plan Consultations: All consultees responded positively with the exception of Environmental Health who requested a shadow flicker report which has not been provided. Representations: Letters of Support None Received Letters of Objection 3 Number of Support Petitions and No Petitions Received signatures Number of Petitions of Objection and No Petitions Received signatures Summary of issues raised by objector Three representations have received from the one household and related to the following issues:- • Distance from the objectors dwelling is 204m but should not be less than 10x the rotor diameter; • Health concerns relating to shadow flicker, strobing and flashing lights; • The visual impact. • Wind turbine noise syndrome; Application ID: H/2013/0114/F • The scale of the site location map and the site plan are questioned as both are indicated as being at 1:2500 scale. • The neighbour notification process is questioned. • A section of the length of the access laneway does not exist. • A second turbine already exists further away from the objectors dwelling than the proposed turbine leaving the objectors dwelling between two turbines if the proposed turbine is approved. Detail of the proposal: The proposal is for the erection of a single 250Kw wind turbine with a height of 31.0m to the centre of the hub and a 30.0m rotor diameter, giving an overall height of 46.0m from the ground to the top of the rotor tip. Site and Environs: The site is set within a large flat field and is set to the rear of a working farmyard. The access is through the farm yard. The field is bounded by hedges ranging in height from 20.m upwards. The rear boundary of the objector’s property is defined by a hedge which has been allowed to grow to a height higher than the windows in the rear of the dwelling, thereby limiting views of the turbine. Planning Assessment of Policy and Other Material Considerations Relevant Site Histories: There is no previous planning approval on this site. Consideration of Issues raised by objector • The 10x rotor diameter relates to the distance from wind farms and not single turbines. • Environmental Health were consulted and have not raised any issues relating to the proposed turbine having a detrimental impact on human health. The objectors dwelling lies 150o to the east of due north of the proposed turbine and therefore cannot be affected by shadow flicker. If the turbine is approved it would be normal to have an infrared light on top which is constantly light and not flashing as referred to. • While the proposed turbine would be located NNW of the objectors property, it is noted that the rear of their dwelling faces WNW. Therefore the proposed turbine would be viewed at an angle of 45o from the rear façade of the objectors dwelling. Given that there are no windows in the north eastern gable of the objectors dwelling, in my opinion that the proposed turbine would only be visible from an oblique angle from within the objectors dwelling. Therefore, I do not agree that the proposed turbine would have a detrimental visual impact on the occupants of that dwelling. However, the turbine is located some 200m directly in the line of vision of No.18 Curragh Road and if erected would result in visual intrusion and over dominance for future occupants of this dwelling. No objections have been received in relation to this property although they would not have been neighbour notified. There would also be an element of visual intrusion from the rear of No.16A, however, this would be from the rear and at an angle. • As advised above, Environmental Health have not raised any issues relating to human health. Issues relating to the objectors own personal health have been discussed with the Planning Manager and have been considered but as advised above, Environmental Health have not raised any issues relating to human health. • The agent has been requested to provide amended block plans at a scale of no less than 1:500. Although the scale shown on the block plan is indeed incorrect, this is not a reason for refusal nor is does it prejudice the application in any way as dimensions can be taken off the location map which is at the correct scale of 1:2500. Application ID: H/2013/0114/F • As there are no neighbours adjacent to the site none were notified. The planning application was advertised in the normal manner on 4th April 2014 in line with the statutory obligation. • It is noted that a section of the laneway does not exist at present, however, as the access is proposed through the applicant’s farmyard and adjacent fields, this is not a reason for refusal. • It is not accepted that the objectors’ property would be located between two turbines as the existing turbine is sited in excess of 450m to the south west while the proposed turbine is to be located 220m to the north east. Although the objector may be able to view both turbines from their property, their dwelling is not located anywhere close between the two sites. The visual impact of the turbine has been considered from all the local vantage points and in doing so, it is my opinion that the turbine, while by its very nature will be highly visible, it benefits from good boundary vegetation and sill be visually linked with the applicants existing farm buildings which will therefore lessens the visual impact. While there is no doubt that the proposed turbine will be viewed in the same plane as the existing turbine, they will be sufficiently well spaced so as not to create a detrimental cumulative impact. Development Plan and Key Policy Consideration: The site is located within an area of unzoned land in the rural area and is not within any Area of Outstanding Natural Beauty. Other Policy and Material Considerations The main policy considerations in the assessment of this proposal are as follows:- • Strategic Planning Policy for Northern Ireland (SPPS) • Regional Development Strategy – RG5, RG9 • Planning Policy Statement 2 – Planning & Nature Conservation • Planning Policy Statement 3 (Revised) – Access, Movement & Parking • Planning Policy Statement 18 - Renewable Energy • PPS 18 Best Practice Guidance • Planning Policy Statement 21 – Sustainable Development in the Countryside in relation to ancillary buildings & structures elsewhere in the countryside. • Magherafelt Area Plan 2015 • DCAN 15 Vehicular Access Standards • Wind Energy Development in Northern Ireland’s Landscapes- supplementary Planning Guidance to accompany PPS18 ‘Renewable Energy’ – Aug 2010. Under the provision of Section 6 (4) of the Planning Act (NI) 2011 the determination must be made in accordance with the Plan unless material considerations indicate otherwise. The Strategic Planning Policy Statement (SPPS) provides a regional framework of planning policy that will be taken account of in the preparation of Mid Ulster Council’s Local Development Plan (LDP). At present, the LDP has not been adopted therefore transitional arrangements require the council to take account of the SPPS and existing planning policy documents, with the exception of PPS 1, 5 and 9 as these policies are cancelled by the introduction of the SPPS. The aim of the SPPS in relation to renewable energy is to facilitate the siting of renewable energy generating facilities in appropriate locations within the built and natural environment in order to achieve Northern Irelands renewable energy targets and to realise the benefits of renewable energy without compromising other environmental assets of acknowledged importance. In decision-taking, the planning authority must carefully consider all development proposals for renewable energy development, including proposals which include micro-generation, and Application ID: H/2013/0114/F passive building design measures. Consideration of all renewable energy proposals will take account of their contribution to the wider environmental benefits arising from a clean, secure energy supply; reductions in greenhouse gases and other polluting emissions; and contributions towards meeting Northern Ireland’s target for use of renewable energy sources. The factors to be considered on a case by case basis will depend on the scale of the development and its local context. In addition to those factors set out at paragraph 6.228 proposals will also be assessed in accordance with normal planning criteria, including such considerations as: access arrangements, road safety, good design, noise and shadow flicker; separation distance; cumulative impact; communications interference; and the inter-relationship between these considerations. The proposal is for a single 250Kw wind turbine with a height of 31.0 to the centre of the hub and a 30.0m rotor diameter, giving an overall height of 46.0m from the ground to the top of the rotor tip. From guidance provided in PPS 18 Best Practice Guidance I estimate that a turbine with a capacity of 250Kw has the capability to provide electricity for approximately 160 homes. PPS 18 is supportive of projects for generating renewable energy and its aim is to facilitate the siting of renewable energy generating facilities in appropriate locations.
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