An Bord Pleanála Ref.: PL17.243902

An Bord Pleanála

Inspector’s Report

Development: Permission for the continuation of use of an existing lattice type meteorological mast, 80m in height and associated instruments to measure local climatic conditions for a period of 30 years at Drakestown, Carlanstown, Kells, Co. Meath.

Planning Application

Planning Authority: Meath County Council

Planning Authority Reg. Ref.: KA140597

Applicant: Element Power Ireland Limited.

Type of Application: Permission

Planning Authority Decision: Temporary 20 year Permission

Planning Appeal

Appellant(s): Patrick Dolan

Type of Appeal: 3rd Party

Observers: None

Date of Site Inspection: 4th December 2014

Inspector: Fiona Fair

Appendices: Photographs Site location Map Extracts from Development Plan

PL17.243902 An Bord Pleanala Page 1 of 21

1.0 SITE DESCRIPTION

The appeal site, with stated area of 0.51 ha, is located approx. 2.8 Km south west of Castletown and 5.8 Km northeast of Carlanstown in the townland of Drakestown, Kells, . It is accessed via an agricultural track, which is accessed via a vehicular entrance serving a dwelling (the landowners) off an unnamed cul de sac which joins the local County Road L- 4018-0 a short distance to the north of the appeal site.

The appeal site hosts one lattice type meteorological mast 80m in height and associated instruments (guy wires), for the purpose of monitoring local climate conditions. The location of the Met Mast is remote and isolated from surrounding roads and dwellings. It is located centrally within a field of improved agricultural grassland, which is predominantly used for grazing, well set back from the public road.

The appeal site lies within the Drakestown Upper sub river basin district of the Eastern River Basin District. Treelines and drainage ditches act as field boundaries.

The nearest settlements to the met mast site are Castletown, 2.8 Km to the north east and Wilkinstown, 4.6 Km to the south east. There is a reasonable density of local roads serving farmsteads and rural dwellings in the surrounding area with the exception of the peat land area directly to the south of the appeal site. The closest dwellings are located to the west, along the unnamed cul de sac, in excess of 300m from the Met Mast location. The L- 4018-0 local County Road is located just over 1 Km to the north of the appeal site and the local county road which links Raffin Cross to Daroys Cross Roads is located 1 Km to the east. The N52 is located approx. 1.7 Km to the north at its nearest point to the site. The R162 is located 1.9 Km east of the site at its nearest point.

PL17.243902 An Bord Pleanala Page 2 of 21

2.0 PROPOSAL:

The subject development involves permission for the continuation of use for a period of 30 years of:

• An existing lattice type meteorological mast, 80m in height • Associated instruments to measure local climatic conditions

An Appropriate Assessment Screening Report and Landscape and Visual impact Assessment Report accompanies this application. A letter of consent from the landowner is also included.

3.0 PLANNING AUTHORITY’S DECISION

Meath County Council Granted Planning Permission subject to 5 number conditions. The following of which are of note:

Condition 1 Standard condition

Condition 2 Temporary 20 year permission.

Condition 3 No material change of use of the structure shall be made without a prior grant of planning permission

Condition 4 in the event the structure becomes obsolete and is being decommissioned the developers shall at their own expense remove the structure and return the site to its original condition.

Condition 5 bond of €5000 to ensure satisfactory reinstatement of the site

4.0 TECHNICAL REPORTS

4.1 Planners Report: Planners assessment concludes that it would be reasonable to permit the proposed structure for a period of 20 years rather than 30 years as requested to allow for the use of the structure to be reviewed. It is considered that the proposal is in line with the policies of the

PL17.243902 An Bord Pleanala Page 3 of 21

Meath CDP. A grant of permission is therefore recommended subject to condition.

4.2 Conservation Officer: No objection to the proposed development.

4.3 Inspectors Note: The Planners report indicates that no report was received from the Heritage Officer, Environment Section and Area Engineer. I note that the file was referred, by the planning authority, to Irish Aviation Authority, DAU of the DAHG and An Taisce. No reports were forthcoming.

4.4 Objections/submissions

A number objections were submitted to the planning authority, the concerns raised are similar to those set out in the grounds of the third party appeal summarised below.

5.0 APPEAL GROUNDS

A third party appeal has been lodged by Patrick Dolan. The grounds of the appeal is summarised as follows: • The application is premature to the development of a windfarm • A grant of permission would give rise to bias that would prevent the Board in the future from considering an application for a wind farm in an unbiased manner. • No need has been demonstrated for meteorological monitoring at the site • There is no substantial need for a grant of 30 years as sought or 20 years as granted • The use of the mast is already obsolete as SODAR (sonic detection and ranging) and LIDAR (light detection and ranging) use radar and laser respectively measure wind speed at various heights up to 200 m vertically

PL17.243902 An Bord Pleanala Page 4 of 21

• The technology proposed is obsolete, new technology has less impact on the landscape and wildlife • The application if permitted would prejudice the proper consideration by a planning authority of any application by Element / Greenwire for a wind farm in north Meath • A grant of permission for a met mast would amount to an indication of bias and presumption that planning permission for any wind farm would be granted • The applicant has not demonstrated that the proposal complies with the exempted development regulations under SI 235 of 2008. • The applicant has for some time been promoting a wind power development of approx. 3000MW scale that extends over 5 counties; see http://greenwire.ie/ • The exemption limits one mast per site – it is submitted that the term ‘site’ must relate to the extent of area and purpose for which the monitoring is anticipated namely wind farming and that the extent of the project site extends over 5 Counties. • The Board must confirm that no other mast was erected through the five Counties mentioned by the applicant in any part of a 24 month period in order to allow the exemption under SI 235 of 2008 • While Meath county council sought details of other masts erected by Greenwire / Element throughout the County of Meath they failed to seek details of other masts located throughout the other four Counties of the Greenwire Site. • The geometry of the mast indicated on the site map differs from that indicated in the elevations submitted • The application drawings do not indicate the distance of the mast structure from the property boundaries • The applicant has not submitted documentation to prove the extent of their interest in the lands on which the development is located • Appeal accompanied by

o Letter from Planning Enforcement Section of Meath County Council to Greenwire dated 1th Sept 2013

PL17.243902 An Bord Pleanala Page 5 of 21

6.0 RESPONSES

6.1 Planning Authority: The planning authority is satisfied that all relevant matters were considered by them in the assessment of the application.

6.2 A response was received from Feehily Timoney & Co. on behalf of the applicant Element Power Ireland Ltd. The grounds of the response are summarised as follows: • The 30 year period requested was to provide for the collection of wind data over the development phase of the proposed Emlagh Wind Farm project and also to continue the use of the mast for the operational phase of the wind farm. , if the project was to be permitted on the site. • If a wind farm is not granted planning permission then the meteorological mast would be required for a shorter period of time. • Current financing requirements require longer period of wind data collection • There is a requirement to ensure that the mast is in pace for an extended 5 year period to fully determine the long term wind resource at this site • Issues arise with both SODAR and LIDAR technology – they are sensitive devices which require regular inspections to ensure measurements are being recorded accurately. They require more frequent recalibration than a meteorological mast and they require a power source which is not always available, • The met mast subject to this application is existing in the environment, there is no further landtake, site works or impacts on wildlife associated with the proposal • The Met mast does not negatively impact upon the local community and its environment, including landscape • Concern regarding bias is unfounded as meteorological masts and wind farms can act independently of one another.

PL17.243902 An Bord Pleanala Page 6 of 21

• A separate wind farm planning application (Emlagh Wind Farm) has been submitted to An Bord Pleanala (ABP PL17.PA0038) • The subject appeal met mast and the Emlagh Wind Farm are not dependent on one another • The Emlagh Wind Farm application includes one permanent meteorological mast, as the wind farm extends over a distance of approx. 14 Km and the mast proposed under this application will monitor wind regime for a different part of the site • The existing mast is not unauthorised development which would require permission for retention therefore continuation of use was sought. • The Greenwire project proposed up to 40 separate wind farm sites and the term wind farm site must be taken in its general context. As per Meath County Councils request in September 2013, confirmation was given by Element Power Ireland Ltd that there were no further mast locations proposed within County Meath relating to the Greenwire project. • Planning Drawings PMM4-000000-PLD-0001 (B) and PMM4-000000- PLD-0002 (B) indicate the as constructed layout and orientation of the meteorological mast on site as determined from a site survey. While Drawings PMM4-000000-PLD-0003 (A) and PMM4-000000-PLD-0004 (A) indicate the standard details as provided by the meteorological mast manufacturer and supplier. • A map indicating compliance in accordance with Class 20A, Part 1, Schedule 2 of the Planning and Development Regulations 2001 (as amended) was provided to Meath County Council in September 2013 • The mast measures 89m, 100m, 110m, 122m 128m, 144m and 189m respectively from any party boundary. • The drawings submitted indicate the ownership boundary relating to the meteorological mast that is the subject of this planning application. • The landowner Brigid McMahon, has given consent for the erection of the met mast on her lands.

PL17.243902 An Bord Pleanala Page 7 of 21

7.0 PLANNING HISTORY

The planners report states: The existing structure was erected as exempted development on 2nd August 2013. The development was exempt under Part 1, Schedule 2, Class 20A of the Planning and Development Regulations 2001 (as amended) Subject to limitations associated with this exemption there is a requirement for planning permission to be sought once the structure is in place for a period exceeding 15 months.

The planners report also indicates that Reg. Ref. KA140597 Incomplete Application relates to the appeal site– Element Power Ireland Limited sought permission for erection of one lattice type meteorological mast, 80m in height and associated instruments to measure local climatic conditions for a period of 30 years (an AA Screening Report submitted)

8.0 NATIONAL POLICY:

Part 1, Schedule 2, Class 20A of the Planning and Development Regulations 2001 - 2013 – ‘Exempted Development General’

CLASS 20A states: ‘The erection of a mast for mapping meteorological conditions’. Subject to the following Conditions and Limitations: 1. No such mast shall be erected for a period exceeding 15 months in any 24 month period. 2. The total mast height shall not exceed 80metres. 3. The mast shall be a distance of not less than: (a) The total structure height plus: (i) 5 metres from any party boundary, (ii) 20 metres from any nonelectrical overhead cables, (iii) 20 metres from any 38kV electricity distribution lines, (iv) 30 metres from the centreline of any electricity transmission line of 110kV or more. (b) 5 kilometres from the nearest airport or aerodrome, or any communication, navigation and surveillance facilities designated by the Irish Aviation Authority,

PL17.243902 An Bord Pleanala Page 8 of 21

save with the consent in writing of the Authority and compliance with any condition relating to the provision of aviation obstacle warning lighting. 4. Not more than one such mast shall be erected within the site. 5. All mast components shall have a matt, non-reflective finish and the blade shall be made of material that does not deflect telecommunications signals. 6. No sign, advertisement or object, not required for the functioning or safety of the mast shall be attached to or exhibited on the mast.

Guidelines for Planning Authorities on Wind Farm Development and Wind Energy Development 2006:

The Guidelines offer advice on planning for wind energy through the development plan process and in determining applications for planning permission, and are intended to ensure consistency of approach in the identification of suitable locations for wind energy developments, and acknowledge that locational considerations are important.

Section 4.2 Wind Measuring Masts states: ‘Planning applications for wind anemometers and measuring masts are generally sought for a limited period only. Permissions should be granted for approximately a two-year period, in consultation with the developer, to allow a wind resource analysis to be carried out. It would be inadvisable for the planning authority to grant planning permission for a wind measuring mast in an area where there is a presumption against wind energy development in the development plan. In a case where a developer wishes to extend the period of the permission an application must be made to the planning authority to retain the wind measuring mast; otherwise the developer should be required to remove it’.

PL17.243902 An Bord Pleanala Page 9 of 21

9.0 DEVELOPMENT PLAN

The Meath County Development Plan 20013 - 2019 is the relevant statutory Development Plan. Excerpts attached as appendix to this report.

Section 8.1.5 Wind Energy is of relevance

The Meath Landscape Character Assessment is also of relevance. The appeal site is located within Area 3 ‘North Navan Lowlands’ and is deemed in the Landscape Character Assessment Sensitivity Map 03 to be of ‘Moderate Sensitivity’ value. The landscape description in the LCA states Landscape Value: Moderate, Landscape Sensitivity: Medium and Landscape Importance Regional.

Inspectors Note: The Planners report states that the appeal ‘site is located within the North Meath Lakelands’, this is clearly an error.

The subject site is located approx. 7 Km to the north of the River Boyne / Blackwater SAC / SPA.

10.0 ASSESSMENT

I have examined the file documentation including the third party appeal and responses to same, planning policy pertaining to the site and carried out a site inspection. The following assessment covers the points made in the appeal, and also encapsulates my de novo consideration of the application. I therefore consider the key issues relating to the assessment of this application as follows:

10.1 Compliance with National Policy and Development Plan Policy 10.2 Impact Upon Landscape and Visual Amenity 10.3 Impact Upon Environment 10.4 Appropriate Assessment (AA) 10.5 Other Issues

PL17.243902 An Bord Pleanala Page 10 of 21

10.1 Compliance with National Policy and Development Plan Policy

By way of Information contained on the file and undisputed by the third party it is submitted that a temporary meteorological mast was constructed on the appeal site on the 2nd of August 2013. The meteorological mast is located approx. 2.8 Km southwest of Castletown and 5.8Km northeast of Carlanstown, County Meath, within the townland of Drakerath.

The temporary meteorological mast comprises one lattice type meteorological mast 80 m in height and associated instruments for the purpose of monitoring local climate conditions. From information and correspondence between the applicant and the planning authority, contained on the file, it is the opinion of the planning authority that the temporary in-situ mast was exempt from a requirement for planning permission for 15 months under Part 1, Schedule 2 of the Planning and Development Regulations Amendment 2008 (SI 235 of 2008). See above ‘section 8.0 National Policy’ of this report, for precise details of Part 1, Schedule 2, Class 20A of the Planning and Development Regulations 2001 – 2013.

The status of the temporary Met mast is disputed by the third party, issues are raised with respect to distance from boundaries and one single mast per site exemption. However I can see no evidence to suggest that the Met mast does not come within the scope of exempted development permitted under SI235 of 2008. I note for the attention of the Board that unauthorised development and the decision to take enforcement action lies solely within the remit of the planning authority; from the planners report and information contained on file Meath County Council have clearly indicated that the existing structure was considered exempted development.

Therefore the principle of development in this case is essentially whether the retention of this temporary meteorological mast and associated instruments as a permanent structure for the purpose of monitoring local climate conditions for a period of 30 years is acceptable at this location, having regard to the international, national and development plan policies.

PL17.243902 An Bord Pleanala Page 11 of 21

International, national policy and the county development plan are clearly in favour of the exploitation of renewable energy resources and the development of wind energy facilities. However this policy is not absolute. The guidelines on wind energy development and the county development plan make it clear that in assessing whether any particular site is suitable for a proposed development of this nature regard must be had to its impact on the visual amenities of the area and on natural heritage, as well to various other issues.

It is noted that both the DoEHLG Guidelines on Wind Energy 2006 and the Meath County Development Plan (CDP) 2013 advocates/adopts the approach of identifying distinctive landscape character types/areas and assessing their individual sensitivity to absorbing different types of development. Policy EC POL20 of the Meath CDP 2013 states: ‘To encourage the development of wind energy, in accordance with Government Policy and having regard to the Landscape Characterisation Assessment of the County and the Wind Energy Development Guidelines (2006)’.

The subject site is not located within a Natura 2000 site. It is located approx. 7 Km to the north of the River Boyne / River Blackwater SAC/SPA. An AA screening report was submitted with the application - Appropriate Assessment will be dealt with separately below.

According to the Meath Landscape Character Assessment (2007) which forms part of the Meath CDP 2013 – 2019 the appeal site is located within Landscape Character ‘Area 3’ (LCA3) – ‘North Navan Lowlands’. The Landscape Character Assessment states that this area has ‘‘Medium’ potential capacity to accommodate the development of wind farms and individual turbines, because there are few long range views except to the adjacent Landscape Character Areas (LCA)…’ The Meath Landscape Character Assessment indicates that LCA3 is of Landscape Value: ‘Moderate’; Landscape Sensitivity: ‘Medium’ and Landscape Importance: ‘Regional’.

PL17.243902 An Bord Pleanala Page 12 of 21

Designated View no. 15 identified in the Meath CDP 2013 is located approx. 5 Km to the west / northwest of the appeal site. I agree with the Landscape and Visual Impact Assessment submitted in support of the application that whilst this view is orientated generally towards the site, given; the slender design, colour and finish of the structure (0.5m wide), screening on the ground and separation distance involved the Met Mast would be difficult to discern. A more detailed assessment of impact upon visual amenity is carried out in the succeeding section of this report. Regard is also had to impact upon nearest settlements, transport routes and occupied dwelling houses in the subsequent section of this report. There does not appear to be any amenity or heritage features within the immediate area that attract significant numbers of tourists or visitors.

Overall it is my opinion, having visited the site, reviewed the information on file, having cognisance to the purpose of the meteorological mast to provide for the collection of wind data, to policy contained in the CDP and to national policy; that the development would be acceptable in principle subject to condition. I note the a 30 year temporary permission is sought and that the draft decision by Meath County Council requires that a temporary 20 year permission be imposed.

The amendment to Part 1, Schedule 2, Class 20A of the Planning and Development Regulations 2001 as per SI235 of 2008 clearly post-dates the Guidelines for Planning Authorities on Wind Farm Development and Wind Energy Development 2006 which I note states (at section 4.2) that ‘Permissions (for Wind Measuring Masts) should be granted for approximately a two-year period, in consultation with the developer, to allow a wind resource analysis to be carried out’.

Cognisance being had to new technology to measure wind speed and to the applicant’s justification of the met mast as proposed I see no justification for a 20 / 30 year permission. It is my considered opinion that a 10 year permission on grounds that any new technology might render the mast as obsolete be imposed.

PL17.243902 An Bord Pleanala Page 13 of 21

10.2 Impact Upon Landscape and Visual Amenity

The planning authority did not consider that the proposed development would have such a negative impact upon the landscape quality or visual amenity of the area to warrant refusal on grounds of visual impact.

The landscape and visual impact assessment submitted concludes that the structure can be satisfactorily absorbed into the landscape. It is submitted that the structure is of very slender design (0.5m wide) and is of a light lattice type construction. The fine steel construction is a matt grey colour, which tends to recede against a back drop of both land and sky. The use of guy wires to support the met mast reduced the bulk and foundations that would be required for a self-supporting structure of this height. I would agree that the guy wires are difficult to discern beyond a distance of 500m.

A separation buffer of 300m has been applied to the nearest occupied dwellings. The nearest settlements to the met mast are Castletown some 3 Km to the north east and Wilkinstown 4.6 Km to the south east. Due to terrain and vegetation screening in this area as well as the separation distances involved, I agree with the first party that neither of these settlements is likely to have a view of the met mast.

I carried out my site visit on Thursday the 4th of December unfortunately upon arrival at the site and the surrounding area (at 11.45 am) I found that a dense fog was present and visibility was extremely difficult, in fact nil, the met mast was indiscernible even at 50m. I returned to the site later in the afternoon at approx. 2:30 pm and carried out a second visual inspection of the general area and at this time the fog had disappeared and visibility was normal.

The principle transport route proximate to the met mast site is the N52 National Primary Route located to the north and runs from east to west, Kells to . It is slightly elevated above the landscape to the south and generally affords views in this direction. The R162 regional route runs to the east of the

PL17.243902 An Bord Pleanala Page 14 of 21

appeal site and is some 1.9 Km to the east at its closest point. Due to a low ridge that runs between the road and the site as well as hedge row screening, clear views of the met mast are not readily afforded. As indicated above in the preceding section of this report there is one designated view to the north of the appeal site (designated view no. 15 of the Meath CDP) but no other recognised views.

The Landscape and Visual Impact Assessment submitted in support of the application submits that whilst views are afforded from the slightly elevated N52 road to the north and from the protected View (no. 15) given the slender design of the met mast, colour and finish of the structure (0.5m wide), screening on the ground and separation distance involved that the met mast would be difficult to discern. From my site visit I agree that the met mast does not impact negatively on the local community and its environment, including the landscape, as it is difficult to discern in overcast weather or at a distance greater than 2 Km.

I consider that given the design of the structure, its isolated and removed location, that the extent of the intrusion would not have such a negative impact upon the amenity of the area to warrant refusal on grounds of visual impact.

10.3 Impact Upon Environment

The met mast proposed for ‘continued use’ is 80 m in height of lattice construction of fine steel and is supported by steel guy wires. The met mast is erected on a base (typically 2.4m x 2.4m) of timber railway sleepers (each sleeper 0.3m x 2.4m x 0.15m in size) and does not require or contain concrete in the base. No excavations are required for the base except for levelling of the existing ground surface at the met mast base for the timber railway sleepers to be placed. The three guy wires are secured at anchor points around the meteorological mast. At each anchor point, a small amount of soil is removed until rock is exposed, to facilitate placing a timber railway sleeper, and is then backfilled with the excavated material.

PL17.243902 An Bord Pleanala Page 15 of 21

The Met mast is located centrally within the landownership site boundary and the area is dominated by improved agricultural grassland habitat. It lies within the Drakestown Upper sub river basin district of the Eastern River Basin District (ERBD). The appeal site does not lie within any Natura 2000 site, however it is located within 10Km of two Natura 2000 sites; • River Boyne and River Blackwater SAC • River Boyne and River Blackwater SPA

AA is dealt with separately below in a subsequent section of this report.

Cognisance is had that the mast is existing in the environment, therefore it is submitted no further land take, site works or impacts on wildlife are associated with the application for the ‘continuation of use’ of this meteorological mast. While there are hydrological links between the site and both the SPA and SAC, indirect impacts caused by hydrological links are not considered to be significant due to distance of the site from the SAC and SPA. Additionally, while both the SPA and SAC are designated for aquatic species, such as Kingfisher, Otter, Salmon and River Lamprey, the drainage ditches on site are not of sufficient size to support these species and no impact is therefore predicted.

In having specific regard to the AA screening report carried out and to my observations on the ground I tend to agree with the applicants submission that taking into account the mast is existing and the appeal proposal seeks it ‘continuation of use’, the development would not result in ground disturbance and it does not / would not involve the use of potential pollutants. Given the foregoing I therefore do not consider it reasonable to refuse planning permission on negative environmental impact grounds.

PL17.243902 An Bord Pleanala Page 16 of 21

10.4 Appropriate Assessment (AA)

The planners report states: ‘The subject site is located approx. 6.9 Km to the north of the River Boyne / Blackwater SAC/SPA. Given the following:

- The distance of the application site from the SAC - Absence of a direct pathway from the site to the Natura 2000 site - The scale of the development for which retention permission is being sought,

The preparation of a Natura Impact Assessment is not necessary in this case’.

An AA screening report was submitted with the planning application. I consider the report robust. It is concluded that there will be no impacts on the River Boyne and River Blackwater SPA and / or the River Boyne and River Blackwater SAC as a result of the proposed development.

The River Boyne / River Blackwater SAC / SPA lies to the southwest of the appeal site approx. 7 Km (over land) at its closest point. The River Boyne and River Blackwater SPA is designated for Kingfisher and the River Boyne and River Blackwater SAC is designated for River Lamprey, Salmon, Otter, Alkaline Fens and Alluvial Forests. The main threats to the conservation interests of the site are identified as further drainage schemes and water pollution.

The met mast is existing in the environment and taking account of the sites conservation objectives I do not anticipate that there would be negative impact or interference upon the Natura 2000 site, as a result of the proposed development.

Overall I consider it reasonable to conclude that having regard to the nature and scale of the proposed development and the nature of the receiving environment, no appropriate assessment issues arise and it is not considered

PL17.243902 An Bord Pleanala Page 17 of 21

that the proposed development would be likely to have a significant effect individually or in combination with other plans or projects on a European site.

10.5 Other Issues

I note the letter of consent from the landowner Brigid McMahon attached to the file and I therefore consider that Element Power Ireland Limited have established sufficient interest over the lands to make the planning application.

With respect to the mast location and geometry I note the submission by the first party that Planning Drawings PMM4-000000-PLD-0001 (B) and PMM4- 000000-PLD-0002 (B) indicate the as constructed layout and orientation of the meteorological mast on site as determined from a site survey. While Drawings PMM4-000000-PLD-0003 (A) and PMM4-000000-PLD-0004 (A) indicate the standard details as provided by the meteorological mast manufacturer and supplier. I consider same acceptable.

With regard to exempted development and compliance with Class 20A, Part 1, Schedule 2 of the Planning and Development Regulations 2001 (as amended). This is a matter which solely comes within the remit of the Meath County Council. In this regard I note correspondence, relating to erection of the temporary met mast, attached to the file, which predates the planning application. From the planners report it clearly appears to be the opinion of the planning authority that the existing meteorological mast is exempted development.

The third party submits that the application if permitted would prejudice the proper consideration by a planning authority of any application by Element / Greenwire for a wind farm in north Meath. Also that a grant of permission for a met mast would amount to an indication of bias and presumption that planning permission for any wind farm would be granted. I do not agree and point to the fact that each planning application is dealt with on a case by case basis. The subject planning application for continuation of use of a meteorological mast for wind measuring purposes is a standalone application and any

PL17.243902 An Bord Pleanala Page 18 of 21 concurrent or subsequent planning applications for wind turbines would be dealt with strictly on their merit.

I note that the planners report states that a development levy is not applicable in accordance with the Meath County Development Contribution Scheme 2010 – 2015 (as amended).

11.0 RECOMMENDATION

I recommend that permission be granted for the Reasons and Considerations set out below and subject to the attached Conditions.

12.0 REASONS AND CONSIDERATIONS

Having regard to: (a) National policy with regard to the development of sustainable energy sources, (b) The “Wind Energy Development Guidelines” – Guidelines for Planning Authorities issued by the Department of the Environment, Heritage and Local Government in June, 2006, (c) The character of the landscape in the area and the topography surrounding the site, (d) The policies of the planning authority as set out in the current Meath County Development Plan, (e) The distance to dwellings or other sensitive receptors from the proposed development, (f) The Stage 1 Screening Report for Habitats Directive Assessment, (g) The submissions made in connection with the planning application and the appeal, It is considered that, subject to compliance with the conditions set out below, the proposed development would not have a significant adverse impact on the landscape or the visual or residential amenities of the area, would not give rise to any significant impacts on the natural heritage of the area or affect the integrity of any European Site or any protected species. The proposed

PL17.243902 An Bord Pleanala Page 19 of 21 development would, therefore, be in accordance with the proper planning and sustainable development of the area.

13.0 CONDITIONS

1. The development shall be retained in accordance with the plans and particulars lodged with the application, except as may otherwise be required in order to comply with the following conditions. Where such conditions require points of detail to be agreed with the planning authority, these matters shall be the subject of written agreement and shall be implemented in accordance with the agreed particulars.

Reason: In the interest of clarity.

2. This permission shall apply for a period of ten years from the date of this order. The meteorological mast and related ancillary structures shall then be removed unless, prior to the end of the period, planning permission shall have been granted for their retention for a further period.

Reason: To enable the impact of the development to be re-assessed, having regard to changes in technology and design during the specified period.

3. (a) The site shall be reinstated on removal of the meteorological mast and ancillary structures. Details relating to the removal and reinstatement shall be submitted to and agreed in writing with the planning authority at least one month before the date of expiry of this permission.

(b) In the event of the meteorological mast becoming obsolete and being decommissioned the developers shall at their own expense, remove the structure and return the site to its original condition.

Reason: To safe guard the amenities of the area.

PL17.243902 An Bord Pleanala Page 20 of 21

4. The developer shall lodge with the planning authority a cash deposit, a bond of an insurance company, or other security to secure the satisfactory reinstatement of the site, coupled with an agreement empowering the planning authority to apply such security or part thereof to the satisfactory completion of the reinstatement, including all necessary demolition and removal. The form and amount of the security shall be agreed between the planning authority and the developer or, in default of agreement, shall be referred to the Board for determination.

Reason: To ensure the satisfactory reinstatement of the site.

Fiona Fair Planning Inspector 18th December 2014

PL17.243902 An Bord Pleanala Page 21 of 21