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PL17.243902 an Bord Pleanála Inspector's Report Development

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PL17.243902 an Bord Pleanála Inspector's Report Development 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, County Meath. 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 national secondary road is located approx. 1.7 Km to the north at its nearest point to the site. The R162 regional road 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.
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