An Bord Pleanála Inspector's Report
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An Bord Pleanála Inspector’s Report Reference No. 17. PA0038 DEVELOPMENT: A wind farm comprised of 46 turbines each up to 169m in height, with 33km of new access tracks, upgrades to 8km of existing tracks, 55km of underground cabling from the turbines to a new 110kV substation, substation, and 15km of underground cabling from that sub- station to the grid at Gorman sub-station ADDRESS: North and east of Kells, Meath APPLICATION TYPE: Application to the board for permission under section 37E of the Planning and Development Act 2000-2015 APPLICANT: North Meath Wind Farm Ltd, c/o Element Power Ltd. PLANNING AUTHORITY: Meath County Council ORAL HEARING: At Kells, Meath on the 16th, 17th, 18th, 23rd, 24th, 25th & 30th June and the 1st, 2nd, 8th, 9th, 14th, 15th, 16th & 21st July, 2015 ___________________________________________________________________________ 17. PA0038 An Bord Pleanála Page 1 of 164 DATES OF SITE INSPECTION: 12th December 2014, 2nd March, 23rd April and 5th November 2015 INSPECTOR: Stephen J. O’Sullivan OBSERVERS: Prescribed bodies - Minister for Arts, Heritage and the Gaeltacht Inland Fisheries Ireland National Roads Authority Fáilte Ireland Heritage Council An Taisce Health Service Executive Geological Survey of Ireland Irish Water Other persons - As set out in Appendix I of this report ___________________________________________________________________________ 17. PA0038 An Bord Pleanála Page 2 of 164 TABLE OF CONTENTS 1. INTRODUCTION 5 2. DESCRIPTION OF THE SITE AND THE DEVELOPMENT 9 3. POLICY 15 4. SUBMISSIONS 21 From the applicant 21 From the planning authority 22 From prescribed bodies 24 From public representatives 29 From other persons - 38 In support of the proposed development 39 Objecting on grounds of: Energy policy, the economy and the need for the project 41 Planning policy, the character of the area and the nature of the project 45 Landscape 48 Impact on human health and safety 52 Noise 56 Shadow flicker 59 Natural heritage 61 Water and drainage 66 Cultural heritage 68 Residential amenity, property rights and values 76 Domesticated animals 80 Impact during construction 85 Telecommunications 87 Community cohesion and consultation 88 Validity of the application and associated procedures 91 ___________________________________________________________________________ 17. PA0038 An Bord Pleanála Page 3 of 164 5. APPROPRIATE ASSESSMENT 97 6. ASSESSMENT WITH REGARD TO PUBLIC POLICY 102 7. ENVIRONMENTAL IMPACT ASSESSMENT 107 The landscape 108 Human beings Health and safety 113 Noise 115 Shadow flicker 117 Flora and fauna 119 Soil 122 Water 124 Air 126 Climate 126 Cultural heritage 127 Material assets Domesticated animals 133 Roads and services 134 Houses 135 Cumulative impacts 139 The interaction of the foregoing 141 Adequacy of the environmental impact statement 141 8. ASSESSMENT OF OTHER ISSUES 143 Tourism 143 Telecommunications 143 Residential development 144 Procedure 144 Appropriate period 148 Enforceability of conditions 149 9. CONCLUSION AND RECOMMENDATION 150 Summary of conclusions 150 Recommendation 151 ___________________________________________________________________________ 17. PA0038 An Bord Pleanála Page 4 of 164 1.0 INTRODUCTION 1.1 This report deals with an application for permission under section 37E of the Planning and Development Act 2000-2015 for a windfarm that would consist of 46 turbines, each up to 169m high, at locations to the north and east of the town of Kells in county Meath, and various ancillary features including 70km of underground cable. The application site includes land in the vicinity of the proposed turbines and the access tracks to them, as well as parts of various public roads. The site therefore has an extensive, elongated shape. The applicant described the proposal as the “Emlagh” windfarm after the name of a townland that lies near the middle of the proposed turbines, although several observers disputed the suitability of that description on the grounds that other placenames in the area are much better known. The settlements at Moynalty and Lobinstown lie just to the west and east respectively of the area upon which turbines would stand. The settlements at Carlanstown and Castletown lie between proposed turbines. 1.2 The board issued a notice under Ref. No. PC0178 on 11th September 2014 to Element Power Ireland Ltd. giving its opinion that the proposed development falls within the scope of section 37A(2)(a) and (b) of the act. The notice was given under section 37B of the act following consultation between Element Power Ireland Ltd. and the board. The applicant submitted that notice with the current application. A judicial review of the board’s decision to issue that notice was sought by Mr John Callaghan, one of the observers on this application. Ms Justice Costello refused leave to seek judicial review in the High Court on 11th June 2015, although leave to appeal that refusal has been given. The judgement stated that the notice of the board’s opinion did not predetermine the application for permission, and that the issue of the proposed development’s strategic importance in social or economic terms could be revisited in the course of the application with proper participation by observers. .1.2 This application was submitted to the board by North Meath Wind Farm Ltd. on 6th October 2014 accompanied by an environmental impact statement and a natura impact statement. The planning authority submitted its report on the application on the 17th December 2014. Observations on the application were received from nine prescribed bodies within the first consultation period: the Minister for Arts, Heritage and the Gaeltacht; Inland Fisheries Ireland; the National Roads Authority; Failte Ireland; the Heritage Council; An Taisce; the Health Service Executive; the Geological Survey of Ireland; and Irish Water. ___________________________________________________________________________ 17. PA0038 An Bord Pleanála Page 5 of 164 Valid observations were made in the course of the application by 361 other persons. 1.3 On 25th February 2015 the board requested the applicant, under section 37F(1)(c) of the act, to submit its response to the report of the planning authority and the other observations. The applicant did so on 25th March 2015. The board concluded that this response, hereinafter referred to as the further information, did not constitute significant additional information on the effect of the proposed development on the environment. Nonetheless, in the interests of justice, the board made the further information available for inspection and invited further observations from the planning authority and observers. Further submissions were received from the planning authority, the Minister for Arts, Heritage and the Gaeltacht; Inland Fisheries Ireland; the National Roads Authority; and 44 other persons before 28th May 2015. 1.4 I conducted an oral hearing on the application at Kells on 15 days between 16th June and 20th July 2015. The applicant and the planning authority attended the hearing. 94 persons made submissions there, including An Taisce, Deputies Regina Doherty and Helen McEntee, Senator Thomas Byrne, and Councillors Eugene Cassidy, Sean Drew, Darren O’Rourke (for whom Deputy Peadar Toibin spoke), Paddy Meade and Sarah Reilly, and two persons who had not made valid written submissions – Ronnie McGrain and Caroline Dowling. Written evidence was not normally accepted in the course of the hearing. However the applicant submitted a document correcting errata in its previous written submissions, another to update the noise prediction results to reflect the relocation of three proposed turbines, a response to the proposed noise condition suggested by the planning authority, and a document appraising the likely effects on the environment in cumulation with the proposed Maighne windfarm. Other persons submitted documents to illustrate their arguments or to clarify references to publicly available material. The applicant also provided copies of certain documents which it cited in its responses to oral submissions. All these documents are available to the board, as is an audio recording of the proceedings of the hearing which were generally in order. 1.5 Under section 37G of the act the board may decide, on foot of this application, to grant permission for the proposed development either in whole or in part, subject to conditions or modifications as it specifies, or it may refuse permission for the proposed development. When making this decision the board is obliged to consider the environmental impact statement that accompanied the application; the written submissions made to the board described in paragraphs 1.2 and 1.3 above; other information relevant to the likely consequences for the ___________________________________________________________________________ 17. PA0038 An Bord Pleanála Page 6 of 164 proper planning and sustainable development of the area of the proposed development and its likely effects on the environment; this report; the provisions of the Meath County Development Plan 2013-2019; any effect on a Natura 2000 site; the National Spatial Strategy; the Regional Planning Guidelines for the Greater Dublin Area 2010-2022; the policies and objectives of the Government and of the Minister; and to the national interest and issues of strategic social or economic importance to the state. A grant of permission cannot be made until an environmental impact assessment of the proposed development has been completed, as well as an appropriate assessment of its implications