An Bord Pleanála

E Our Ref: PAOO4O Your Ref: KPIKD 3 UNUVao

Ms. Karen Phillips, Director of Environment and Regeneration, Derry City and Strabane District Council, C/o Council Offices, --- 98 Strand Road, Derry, BT48 7NN

th25 November, 2015.

Dear Ms. Phillips, th I refer to your letter of I 6 November, 2015 in relation to the proposed wind turbines and associated works at Meenbog and Carrickduff, .

You will probably be aware that the Board decided to determine the application without an oral hearing. At present, the Senior Planning Inspector assigned to the case is completing a report/recommendation. The Board intends to decide the case as soon as possible following the receipt of the report/recommendation.

I willarrange for you to receive a copy of the decision when it is made.

Yours sincerely,

Diarmuid Collins, Senior Administrative Officer.

Teil (01) 858 8)0)) Tel GIao Aititlil lSqo 275 175 LoCal) Facs (01) 872 2(i84 Fax 64 Sráid Maoilbhride. Luithrein GrSaaiit wwss.pleanala.ie Web 64 Marlborough Street. Baile Atha Cliath 1. Riomhphost bordtbpIelItaLL.Ie Email Dublin I.

I4 4 .4 .4 DOE Department of the Environment vwwdoeni.gov.uk

Our Ref: MISC37717 Your Ref: KP/KD Strategic Planning Division

Ms Karen Phillips Level 5 Director of Environment & Regeneration Causeway Exchange Derry City and Strabane District Council 1-7 Bedford Street C/O Council Offices BELFAST 98 Strand Road BT27EG Derry City BT487NN Telephone: (028) 90823444

Date: 23rd November 2015

Dear Ms Phillips,

Thank you for your letter of l6 November 2015 regarding the Carrickaduff Wind Farm in Co. Donegal (J/2015/0036/TBA) that will be determined by An Bord Pleanála (ABP).

Strategic Projects Division (SPD) was consulted by ABPand the following provides a summary of the processing of the application insofar as it affects Northern .

• ABP consulted with Strategic Planning Division (SPD) on February 2015 asking if DoE wished to be involved in the consultation process for the Carrickaduff proposal for 49 turbines in Co. Donegal (Ref:05.PAOO4O). th • SPD responded on 9 March 2015 advising it wished to be involved in the formal process. • SPD advertised the application and environmental information in local papers and The Belfast Gazette in accordance with The Planning (Environmental Impact Assessment) Regulations (NI) 2012 and advising third parties that the closing date for submissions to ABP was th24 April 2015. • SPD also carried out consultations with appropriate bodies in terms of their environmental responsibilities. • SPD collated these responses and provided a comprehensive response to ABP on th14 May 2015. This response is available on the Planning Portal under our reference number (J/2015/0036/TBA) but is also attached here for your convenience. • SPD received a letter from ABP dated July 2015 advising that due to the complexity of and the a the case issues involved, they were unable to determine31 the application within period of 18 weeks — but that they intended to determine it by 5t October 2015. • A further letter dated th11 September 2015 was received from ABPadvising that they intend to determine the application through written procedure. • Allcorrespondence between ABPand SPD is available to view on the Portal.

SPD anticipate that it will be informed when a decision has been made by ABP.Upon receipt of any decision, this information will be uploaded to the Planning Portal and also advertised in accordance with The EIARegulations. I trust this information is of assistance.

Yours sincerely

ne Curley Strategic Projects Division

Enc. .4 .4 . 1 ..4 . DOE Department of the Environment www.doeni.gov.uk

Our Planning Ref:J/2015/0036/TBA Your Ref: 04.PA0040 Strategic Planning Division

Mr. K.Somers Level 5 Executive Officer Causeway Exchange An Bord Pleanála 1-7 Bedford Street 64 Marlborough Street BELFAST Dublin 1 BT27EG

Contact: Jane Curley (028) 90823433

Date: th14 May 2015

Dear Mr Somers

Proposal: Provision of up to 49 No wind turbines with a maximum overall blade tip height of up to 156.5m and all associated hardstanding areas. 2 No permanent meteorological masts up to a maximum height of 110 metres. 2 no 110kV electrical substations, each with 2 no control buildings, associated electrical plant and equipment, and waste water holding tank. Allassociated underground electrical and communications cabling connecting the turbines to the proposed substations and connecting the proposed substations to the permitted 110KVClogher substation in the townland of Cullionboy, Co Donegal. New access junctions and improvements to sections of the public roadway to facilitate delivery of abnormal loads. Upgrade of existing and provision of new site access roads and associated drainage. 9 No borrow pits, 6 No. temporary construction compounds, all associated site development works.

Location: County Donegal in the townlands of Gortnamuck, Raws Lower, Raws Upper, Egglybane, Tievebrack, Belalt, Owennagadrah, Ballyarrell Mountain or Cornashesk, Corradooey, Corlea, Cronalaghy, Lismullyduff, Meenagolan, Meenreagh, Meenahinnis, Gortahork, Cam, Corraifrin, Kinletter, Tievecloghoge, Trusk, Taughboy, Meenbog and Croaghonagh.

Thank you for your letter of th24 February 2015 inviting the Department to participate in the decision making procedure in relation to the above planning application in terms of the likely significant effects on the environment in . As previously advised in my email of th27 April 2015, the Department advertised the proposal in local newspapers and The Belfast Gazette in accordance with The Planning (EIARegulations) Northern Ireland 2012 (The EIARegs). This ensures that the public concerned in Northern Ireland has been afforded the opportunity, before development consent for the project is granted, to forward their opinion to the competent authority. Additionally, in compliance with the EIARegs, the Department has also undertaken consultation with authorities in Northern Ireland who it considers are likely to be concerned by the project by reason of their specific environmental responsibilities. Copies of these consultation responses are enclosed for your information but are summarised as follows:

Strabane District Council SDCraises concerns regarding potential unacceptable adverse impact on residential amenity in terms of noise, shadow flicker, proximity of turbines, height, number, scale, size and siting and cumulative impacts — including impacts on flora and fauna and potential impacts on water bodies and their quality.

Omagh District Council Endorses the response by Strabane District Council.

Derry City & Strabane District Council — Environmental Health Service EHSadvises that it is of the opinion that potential exists for significant transboundary n 4r on properties in Northern Ireland. It is recommended that a revised noise impact assess entr addressing the matters raised in their full consultation response is provided to allow thepepartment to provide a considered response to An Bord Pleanála.

DCALInland Fisheries Site is not within their catchment area.

Ioughs Agency Loughs Agency has provided a detailed response in terms of river catchments within the vicinity of the proposed wind farm site and the potential for impacts on river habitats. Loughs Agency requests additional details on: proposed culverts, silt management plan, fuel oil management and details on the management of released acidified water from peat bogs.

Transportni Transportni seek assurances regarding delivery of materials from Northern Ireland. If any deliveries are anticipated via Northern Ireland, Transportni would request to be involved in the traffic management plan and would also need to agree an inspection scheme to establish the condition of the road network and agree how, if needed, repairs can be undertaken if damage is caused by extraordinary traffic.

Northern Ireland Environment Agency — Natural Environment Division No objection to the proposed development.

Northern Ireland Environment Agency — Historic Monuments Unit No objection.

Northern Ireland Environment Agency — Water Management Unit The proposed site borders the Derg and Mourne Local Management Area. WMU therefore advises that robust and acute mitigation measures must be in place to protect these water bodies from any discharge that may damage ecological status.

Rivers Agency No comment. Tourism Northern Ireland The scale of this proposal and its proximity to the border means that there is the potential for impacts on tourism assets in Northern Ireland. Tourism NIhas provided information on the tourism value of areas in Northern Ireland in close proximity to the proposed wind farm.

RSPB No comment.

Forest Service Forest Service has no objection in principle but ask that consideration is given to separation distance from Forest Service plantations in line with IWEABest practice Guidelines and the potential for windthrow as a result of deforestation. They would also like to be re-consulted in the event of any changes to the scheme.

Northern Ireland Water The proposed wind farm falls within the catchment area for the Derg Water Treatment Works (WTW) where raw water is abstracted to supply high quality drinking water to a wide area of . A total of 41 of the 49 turbines are located within the Derg Catchment area. There is a concern that the development could adversely affect raw water quality or quantity at the water abstraction point downstream of the proposed wind farm — but that the Environmental Statement does not appear to have addressed this.

Economics Branch The proposal is likely to provide only very limited (if any) benefits to Northern Ireland.

NIEA—Landscape Architects LAhas serious concerns regarding the adverse landscape and visual impacts on Northern Ireland given the height and number of turbines across a considerable area of the border landscape.

Strategic Projects Division SPD has also undertaken an assessment of the landscape and visual impacts and the impacts on residential amenity. The landscape and visual material provided by the applicant has been used as a basis for assessing the landscape and visual impacts. The site lies to the north of Killeter Uplands Landscape Character Area (LCA19) as identified in the Supplementary Planning Guidance ‘Wind Energy Development in Northern Ireland’s Landscapes’ that accompanies Planning Policy Statement 18 — Renewable Energy (The Department’s policy on renewable energy). The Killeter Uplands is characterised by broad rounded Iandform and the scenic quality is considered to be high largely due to the remote and open character. The advice within the published guidance (copy enclosed) indicates that care should be taken to avoid adverse impacts on important skylines at the head of the Derg Valley. SPD has viewed the impacts from a range of short range, mid range and long range views and concludes that the scale and nature of the proposal in terms of the proximity to the border, and number and height of the turbines will result in significant adverse impact on the landscape character and visual amenity in Northern Ireland. While there is no issue with the locations chosen as viewpoints or the quality of the photograghs, it is considered that the presentation of the viewpoints in the EIS Photomontage Booklet can be criticised for ‘flattening’ the landscape features and therefore minimising the true impacts of wind turbines of this number and scale. SPDwould also have concerns that the loss of forestry in order to facilitate the construction of the turbines and access tracks will further increase the visual impacts. Additionally any further felling by Coillte and/or Forest Service over the coming years is also likely to affect the visual amenity — for example, from viewpoint 14, T21-37 hubs will be heavily mitigated by the existing extensive forestry plantation. However, should this be felled during the lifetime of the wind farm, impacts are likelyto significantly increase. A felling programme would be useful in determining if any changes to the visual impacts are likelyto occur. In terms of residential amenity, Policy RE1of PPS 18- Renewable Energy advises that development that generates energy from renewable sources will be permitted provided the proposal will not result in an unacceptable adverse impact on: public safety, human health or residential amenity. Additionally the policy advises that the development should not cause significant harm to the safety or amenity of sensitive receptors arising from noise, shadow flicker, ice throw and reflected light. For wind farm development a separation distance of 10 times rotor diameter to occupied property, with a minimum distance not less than 500m, will generally apply. In terms of this application, properties in Northern Ireland are more than 50Cm. However, a number are located within 10 rotor diameter distance (115Cm) and are considered as follows: Three properties on Pullan Road are located less than 90Cm from T43 and T46. While the properties are located more than the minimum 50Cm distance, it is considered that the impacts are likely to be considerable and that the existing forestry cannot mitigate the impacts of turbines of this scale and magnitude at these distances. 3 Pullan Road is a 2-storey property with clear open views towards T43 and T46 at a distance of less than 80Cm. It is considered there will be significant adverse harm to the amenity of occupiers of this property in terms of proximity, scale, massing, overbearance, height etc. of turbines of this scale. Properties on Pullyearnan Road are largely oriented in a NE/SW direction rather than directly towards the proposed site for the wind farm. However, turbines will be located just over 1km away from the cluster of dwellings and are therefore very likely to be very aware of turbines of this magnitude in the immediate locality. Again, it is considered important to point out that adjacent mature forestry currently screens turbines to a large extent. However, should felling occur over the lifetime of the wind farm then impacts will significantly increase. 85 Moneygar Road —this dwelling is located approximately 90Cm from turbines and it is considered that turbines will appear as large looming structures in terms of scale and proportion on the residential amenity of this property. The issue of noise should also be considered in terms of residential amenity and as such SPD request that you take into consideration the comments of Derry & Strabane District Council Environmental Health Service.

Thank you for the opportunity to comment on this application. We would be grateful if you would advise of any amendments or decisions taken.

Yours sincerely

Simon Kirk Director of Strategic Planning Division

Enc. Kerry DinIop

From: Declan Lawlor [DecIan.Lawlorloughs-agency.org] Sent: 19 November2015 15:50 To: Kerry Dunlop Subject: Carrickaduff Wind Farm Attachments: J-201 5-0036-TBA (F).docx

Hi Kerry th24 Please find attached response from Loughs Agency to planners dated March 2015. I am assuming it is the same windfarm, although there was no planning reference in the letter from Karen Philips.

Many thanks

Declan

Dr Declan Lawlor, CEnv Environmental Officer 19 NOV /

Loughs Agency (Foyle, Carlingfordand Irish Lights Commission) 22 VictoriaRoad Derry—Londonderry BT472AB

Tel: +44 (0)28 71342100 Fax; +44 (0)2871342720 www.loughs-agency.org

1

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The cutting and drainage associated with the development of wind turbine infrastructure has negative effects on the rainwater attenuation properties of raised bog-land. As well as an increased flood risk in local streams and rivers, development involves a risk of large-scale bog movement, resulting in landslide or bog burst. The rivers that drain the catchment area may be important fish spawning areas and may be of special scientific interest.

Such areas would have a high sensitivity to pollutants and changes in water chemistry. Environmental impact can occur during construction, operation and/or decommissioning of wind turbines.

Developers need to be aware of the potential impacts on habitats and

water quality, and the risk of landslide due to building activity on peat. All elements of this natural environment must be protected. The following factors should be considered in evaluating the risk of a development to fish populations and fisheries: • The presence and abundance of Salmon, trout, sea lamprey, river

lamprey, brook lamprey and European eel - All of these species are present within the Mourne Beg.

• The quality and quantity of fish habitat - Fishery habitat surveys highlight a full range of good quality habitat, from spawning and nursery areas to holding areas.

• The extent of development within or adjacent to a designated site - The Mourne Beg River is an important tributary of the River Derg and both are designated under the EU Habitats Directive as part of the and Tributaries Special Area of Conservation (SAC). Site integrity must not be compromised. Furthermore, the Loughs Agency has spent public funds in recent years on the Mourne Beg in relation

22 Victoria Road, Prehen, Londonderry, BT47 2AB Tel: 02871 342100 Fax: 028 71 342720 Txt Phone: 02871 318000 www.Ioughs-agency.org • Loughs Agency GnIomhaireacht na Lochanna Factrie fur Loughs

to habitat improvement works for salmonids. There are also several tributaries of the River Finn Special Area of Conservation that are hydrologically connected to the site, and these too require special protection.

Timing of construction works - Many species of migrating fish are particularly vulnerable during certain seasons. Salmonid spawning and incubation occurs from October to May, and as a general rule, in- stream works are not permitted during this time. Careful maintenance of silt traps and drainage measures should be undertaken all year round but particularly during the spawning season. Other species such as lamprey are most sensitive from March to June and may also require careful consideration. The Loughs Agency must be consulted directly on these matters.

Furthermore, the Loughs Agency has considered the information provided and would like to take this opportunity to highlight the potential impact that wind farm developments can have on water courses, water quality and migratory and other fish species.

Such impacts could include: • Obstruction to upstream and downstream migration both during and after construction

• Disturbance of spawning beds during construction — timing of works is critical • Increases in silt and sediment loads resulting from construction works (including tracks and turbine foundations). • Risk of large scale peat movements which can poison whole rivers.

22 Victoria Road, Prehen, Londonderry, BT47 2AB Tel: 02871 342100 Fax: 02871 342720 Txt Phone: 02871 318000 www.loughs-agency.org Loughs Agency GnIomhaireacht na Lochanna Factrie fur Loughs

• Point source pollution incidents during construction. • Loss of shelter and cover, loss of food (plant debris and invertebrates). • Drainage issues

The Agency is aware of some wind farm schemes in upland areas where coffer dams have been used to create drainage plugs after wind farms have been completed. This situation must be avoided.

The Loughs Agency would request sight of any proposed culverts within the proposed wind farm site. This would include all proposed pipe and box culverts for road/track crossings and any works on site drainage.

Furthermore, I would advise the applicant that it is an offence to remove or disturb any material, including sand or gravel from the bed of any freshwater river within the Foyle and Carlingford Areas without the consent of the Loughs Agency contrary to Section 46 of the Foyle Fisheries Act (NI) 1952, as amended by Article 18(3) of the Foyle and Carlingford Fisheries (NI) Order 2007. The applicant may apply to the Loughs Agency for consent prior to the construction of any culverts associated with this proposal. The Agency would also request the silt management plan and fuel oil management protocol that accompanies this proposal, and would seek further details and assurances on the management of released acidified water from peat bogs.

The Loughs Agency would not recommend approval for this proposal until all information requested has been provided. The applicant should also be

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