An Bord Pleanála

Inspector’s Supplementary Report

PL 05E.244753

Development:

10 YEARS DURATION FOR A PROPOSED SINGLE WIND TURBINE DEVELOPMENT AT THIS SITE AT BAUVILLE, KEELOGS & CLONGLASH AND DRUMINDERRY UPPER & LOWER , , , COUNTY . THE PROPOSED DEVELOPMENT WILL CONSIST OF THE CONSTRUCTION OF ONE WIND TURBINE COMPRISING TOWER, NACELLE AND COMPOSITE FIBRE ROTOR BLADES WITH A HUB HEIGHT OF UP TO 85 METRES, A ROTOR BLADE DIAMETER OF UP TO 82 METRES, AND THUS A BLADE TIP HEIGHT OF UP TO 126 METRES WITH A STEEL TOWER WITH CONCRETE SECTION. THE PROPOSED DEVELOPMENT ALSO INCLUDES EXTERNAL WIND TURBINE TRANSFOMER, TURBINE FOUNDATION, HARDSTAND AND ASSEMBLY AREA; NEW ACCESS TRACK AND USE OF APPROVED ACCESS TRACK AND ACCESS PERMITTED UNDER PLANNING PERMISSION REFERENCE 14/51295 FOR AN ADJACENT WIND TURBINE; ASSOCIATED DRAINAGE WORKS; UNDERGROUND ELECTRICAL CABLE AND ASSOCIATED COMMUNICATION CABLE; WITH ALL ANCILLARY DEVELOPMENT AND ASSOCIATED SITE WORKS.

File Reference PL 05E.244753

Planning Application

Planning Authority: Donegal County Council Planning Authority Reg. Ref.: 15/50117 Applicant: Corvin Wind Ltd. Type of Application: Permission Planning Authority Decision: Grant Permission

Planning Appeal

Type of Appeal: Third Party – V - Grant Appellant: Norman Dixon Date of Site Inspection: 7th July 2015

Inspector Tom Rabbette

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1.0 Background

1.1 A report dated 23rd July 2015, which included an assessment and recommendation, was submitted by the undersigned in relation to PL 05E.244753. Having regard to the issue raised by the appellant and the subsequent responses from the applicant and the planning authority, that report and recommendation confined itself to the specific issue that was raised by the appellant. It was recommended that the Board deal with the appeal pursuant to s.139 of the Planning and Development Act 2000 (as amended) i.e. not treat it de novo.

1.2 However, having considered the matter, the Board issued a Direction dated 17th August 2015 and referred the file back to the Inspector to complete an assessment de novo.

1.3 This Assessment hereunder therefore complies with the above mentioned Board Direction. The following assessment should be read in conjunction with the Inspector’s Report on PL 05E.244753 dated 23rd July 2015.

2.0 De Novo Assessment

2.1 I have read all of the file documentation, I have had regard to the relevant sections of the statutory development plan for the area and I have also have had regard to the Wind Energy Development Guidelines 2006 (Department of the Environment, Community and Local Government). I have also carried out a site inspection. In my opinion the main issues to be addressed are as indicated hereunder.

Principle of Development

2.2 Having regard to the planning histories for wind turbine developments in this area and also having regard to the existing wind turbine developments in proximity to the site, I am of the opinion that the principle of such developments in this area is well established. Given the existing number of operating turbines in the area, associated infrastructure for connection to the grid is substantially in place. In that regard, the applicant will be connecting, via an underground cable, into the existing underground power cables serving the existing turbines to the south-west of the site.

2.3 The site is located in an area where such wind energy developments are ‘open for consideration’ as indicated in Map 9 of the Development Plan 2012-2018, the proposed development will also help deliver on a number of other policies and objectives that support wind energy developments in the county as contained within that CDP (see Inspector’s Report of the 23/07/15 under section 3.0).

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2.4 I therefore consider that the proposed development is acceptable in principle.

Landscape and Visual Impacts

2.5 The applicant submitted revised photomontages and wireframe visuals indicating the proposed turbine, as per the relocated position, with the response to the grounds of appeal. As indicated in my previous report of the 23/07/15 I consider the landscape and visual impacts, as indicated in those revised visuals and as assessed on site inspection, to be within acceptable limits. The addition of this turbine will not adversely impact on the landscape character nor will it adversely impact on the visual amenities of the area. Its location within an established cluster of turbines will assist with its visual integration and further mitigate the wider visual impacts. The relocated turbine would not introduce a new feature or element into the landscape. Its design and height is similar to the existing and granted turbines. Its relocation will marginally lessen the visual impact due to its relocation to lower ground. As indicated previously, the turbine connection will be via underground cable to the existing underground cable serving the existing turbines on the adjoining site to the south-west, thus mitigating visual impacts of the facilitating infrastructure.

2.6 I therefore would not recommend refusal on the grounds of impact on the receiving landscape or visual amenities of the area.

Impact on Residential Amenity

2.7 The application as originally submitted was accompanied by both a Noise Impact Assessment and Assessment of Potential Shadow Flicker. In relation to the proposal as amended, an updated Noise Impact Assessment and updated Assessment of Potential Shadow Flicker Effects were submitted by the applicant in the response to the grounds of appeal. The updated assessments indicate that the earlier findings on file are not materially altered i.e. the proposal meets the Wind Energy Development Guidelines 2006. It should be noted that the nearest dwelling is c. 700 m away from the proposed turbine as relocated. The Wind Energy Development Guidelines 2006 state on page 30, inter alia, the following: “In general, noise is unlikely to be a significant problem where the distance from the nearest turbine to any noise sensitive property is more than 500 metres”. In relation to shadow flicker the 2006 Guidelines state at page 33, inter alia, the following: “It is recommended that shadow flicker at neighbouring offices and dwellings within 500 m should not exceed 30 hours per year or 30 minutes per day”. In the worst case scenario as contained in the submitted assessments, no house in the area is predicted to exceed the guidelines and there is no house within 500 m of the proposed turbine. There were no objections on file addressed to the p.a. save

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the appellant’s and that objection did not raise concerns in relation to residential amenity impacts.

2.8 Given the contents of the Wind Energy Development Guidelines 2006, and having regard to the Noise Impact Assessments and Assessments of Potential Shadow Flicker Effects on file, and also having regard to the separation distance between the proposed turbine and the nearest dwellings, I am of the opinion that the residential amenities of the nearest dwellings to the site will not be adversely impacted upon by either noise generated or shadow flicker from the proposed turbine.

Impacts on the Natural Heritage

2.9 The site is located in a rural area with one-off houses in the wider area and agricultural land-use and associated developments in the immediate area, as well as established wind turbine developments. The site appears to have been subject of draining in the past, sheep and cattle grazing appear to be the primary agricultural use at this location. There are no designated sites within the proposed development site.

2.10 The applicant submitted a document titled Ecological Impact Assessment with the application. There was no updated Ecological Impact Assessment submitted with the response to the grounds of appeal concerning the relocation of the turbine. However, as stated in the Inspector’s Report of the 23/07/15, the relocated turbine will still be located within the same ecological habitat as the original proposal i.e. Dry Heath / Acidic Grassland Mosaic as indicated on ‘Figure E1 – Ecological Habitats Map’ received by the p.a. on the 06/02/15. The access will still be as originally proposed for the most part i.e. the existing track on lands to the south west is to be used, however, the relocation of the turbine will require changes to part of the proposed track and also to the proposed hardstand area adjacent the turbine, this can be addressed by way of condition should the Board be disposed to a grant of permission. The Ecological Impact Assessment on file concluded that the habitats occurring in the area of the development were of low ecological value representing mainly degraded upland habitats that have been highly modified through grazing, drainage and historical turbary and burning. It goes on to state that the development will result in a small loss of existing habitats, however, the impact on the overall ecology of the site is considered to be insignificant. There is nothing on file to conflict with that conclusion. I would not recommend refusal on the grounds of ecological impacts.

Impacts on the Built Heritage

2.11 I am not aware of any archaeological heritage sites in the immediate vicinity of the application site. I note the p.a. applied a condition relating to archaeological heritage protection. Should the Board be disposed to a grant

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of permission I would recommend a condition requiring archaeological monitoring of construction stage ground works on site.

2.12 There are no protected structures in the vicinity of the site and hence no potential impacts on architectural heritage.

Traffic Impacts

2.13 The applicant submitted a document titled ‘Proposed Haul Route’ with the application. This addresses the proposed route to be used for the construction phase traffic. The assessment on file is based on the turbine components being shipped to Co. Donegal via the port at Lisahally, Derry. For the most part the route will be via a regional road until it arrives at Buncrana where upon it will be via local county roads for the last leg of the journey. This route was used previously for the construction of the existing turbines on the adjacent site. The existing entrance and private track off the public road at the adjoining site to the south-west will be utilised to gain access to the construction site. While the Planner’s Report on file does state that, in relation to the haulage route, there are no identified obstacles along the route and there is no requirement for road improvement works, the applicant’s ‘Proposed Haul Route’ does indicate that temporary works may be required to facilitate the construction stage traffic given the nature of the abnormal loads associated with turbine components. These should be identified in advance and agreed with the p.a. Should the Board be disposed to a grant of permission I would recommend a condition requiring the submission of a Construction Stage Traffic Management Plan to the p.a. for written agreement. The applicant’s ‘Proposed Haul Route’ submission also refers to a condition survey of the whole route being carried out prior to the commencement of development and it acknowledges that a Bond (Security) may be required by the p.a.

2.14 Noting, inter alia, that other turbines have already been constructed in the area which utilised the same haul route as now proposed, and as there is nothing on file to indicate that the construction stage trip generation would pose an unacceptable risk to traffic safety, I am of the opinion that it would be unreasonable to refuse on the grounds of construction stage traffic impacts. These impacts will be for a short-term and will be limited in magnitude, they can be appropriately mitigated by way of condition. The operational stage trip generation for this kind of development would be minimal (primarily maintenance) and does not pose an unacceptable risk to traffic safety.

EIS

2.15 The development is only for one turbine and the application documentation states that the total power output will be less than 5 MW. The development is therefore sub-threshold. Nevertheless, further consideration is given here as

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to whether an EIS is required having regard to section 4.7 of the Wind Energy Development Guidelines 2006.

2.16 Given the nature and scale of the proposal, and also having regard to the receiving environment, and the contents of the documents submitted with the application addressing potential of impacts in relation to, inter alia: ecology; noise; shadow flicker; landscape character; visual amenity, and traffic, having considered Schedule 7 of the Planning and Development Regulations 2001 (as amended), I am of the opinion that the preparation and submission of an EIS may not be warranted.

2.17 However, as stated in the Inspector’s Report of the 23/07/15, there is no ground conditions/geology assessment on file. This will be addressed hereunder.

Ground conditions/geology assessment

2.18 As stated in my previous report of the 23/07/15 the Wind Energy Development Guidelines 2006 states that all such applications should be accompanied by, inter alia: a geological assessment of the locality; a geotechnical assessment of the overburden and bedrock; a landslide and slope stability risk assessment etc. There is no such ground conditions/geology assessment on file. In fact, the wording of section 5.3 of the 2006 Guidelines requires that ground conditions/geology information “must be submitted”. Not only is there no such information on the current file, there does not appear to be such information on the associated history file ref: 14/51295.

2.19 In light of the Direction by the Board of the 17/08/15 in relation to this appeal, as the application is now being considered de novo, I recommend that the Board seek information on ground conditions/geology to facilitate a full assessment as indicated under ‘Recommendation’ hereunder.

Appropriate Assessment

2.20 The applicant submitted a Natura Impact Assessment Screening Report. There are 6 Natura 2000 sites within a 15 km radius of the site.

2.21 Having regard to the nature and scale of the proposed development and the nature of the receiving environment and proximity to the nearest European site, no Appropriate Assessment issues arise and it is not considered that the proposed development would be likely to have a significant effect individually or in combination with other plans and projects on a European site.

Recommendation

Having regard to the foregoing, I recommend that the Board seek further information from the applicant in relation to the ground conditions and underlying geology of the

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area of the proposed development as indicated hereunder. (In the event that the Board does not accept this recommendation and decides to grant permission for the proposed development based on the information on file, I am attaching hereunder draft conditions for their consideration in such an event.)

The Board considers that there is insufficient information submitted with the application, and in the response to the grounds of appeal, to allow for an adequate assessment of the impact the construction of the proposed turbine may have in relation to ground conditions and geology of the receiving environment. Having regard to, inter alia, section 5.3 of the Wind Energy Development Guidelines 2006 (Department of Environment, Community and Local Government) you are therefore requested to submit the following information in relation to ground conditions and the underlying geology in relation to the area of the proposed development:

- A geological assessment of the locality;

- A geotechnical assessment of the overburden and bedrock;

- A landslide and slope stability risk assessment for the site for all stages of the project, with proposed mitigation measures where appropriate (this should also consider the possible effects of storage of excavated material);

- An assessment of whether the development could create a bog burst or landslide hazard;

- Location of the site in relation to any area or site that has been identified by the Geological Survey of Ireland as a geological Natural Heritage Area, a proposed Natural Heritage Area or as a County Geological Site. (If so, are there any impacts discussed, or mitigation measures proposed);

- Location of the site in relation to areas of significant mineral or aggregate potential;

- An assessment of any potential impacts of the development on groundwater, and

- Details of any borrow-pits proposed on site should be shown on the planning application and details given where blasting is proposed, such as on the avoidance and remediation of land slippage.

Draft Conditions for consideration by the Board should it decide to grant permission:

1. The development shall be carried out and completed in accordance with the plans and particulars lodged with the application as amended by the further plans and particulars received by An Bord Pleanála on the 14th day of May, 2015, except as may otherwise be required in order to comply with the

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following conditions. Where such conditions require details to be agreed with the planning authority, the developer shall agree such details in writing with the planning authority prior to commencement of development and the development shall be carried out and completed in accordance with the agreed particulars.

Reason: In the interest of clarity.

2.

(a) The turbine shall be located further north on the site to the 225 m OD contour line in the position as indicated on the ‘Site Location Map’, Drg. Nos. 02ABP & 03ABP, received by An Bord Pleanála on the 14th day of May 2015. (b) Prior to the commencement of development the applicant shall submit to, and agree in writing with, the planning authority, an amended site layout plan at a scale of not less than 1:1000 indicating, inter alia, the following in the context of compliance with (a) above: hardstand area; crane jib assembly area, turning area, access track, location of underground power cables and drainage proposals.

Reason: To relocate the turbine to lower ground so as to mitigate impacts on the landscape and the visual amenity of the area and in the interests of clarity.

3. Prior to the commencement of development the applicant shall submit to, and agree in writing with, the planning authority, details of the external finish and colour of the proposed turbine and ancillary structures. The external finishes shall be consistent with those of the existing turbines and ancillary structures on the adjacent lands to the south-west of the application site. Cables within the site shall be laid underground.

Reason: In the interests of visual amenity.

4. This permission is for a period of 25 years from the date of this order unless, before the end of that period, a further grant of planning permission shall have been obtained for the continuation in use of the proposed development.

Reason: To enable the impact of the development to be reassessed, having regard to changes in technology and design during the 25 year period and to circumstances then prevailing.

5. A Construction Stage Traffic Management Plan shall be submitted to, and agreed in writing with, the planning authority prior to the commencement of development. Any temporary works proposed along the route required to facilitate the construction stage traffic shall be identified in advance and form part of the Construction Stage Management Plan.

Reason: In the interest of road safety and the proper planning and sustainable development of the area.

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6. Prior to commencement of development, the developer shall lodge with the planning authority a cash deposit, a bond of an insurance company, or such other security as may be acceptable to the planning authority, to secure the reinstatement of public roads which may be damaged by the transport of materials to the site, coupled with an agreement empowering the planning authority to apply such security or part thereof to the satisfactory reinstatement of the public road. The form and amount of the security shall be as agreed between the planning authority and the developer or, in default of agreement, shall be referred to An Bord Pleanála for determination.

Reason: In the interest of road safety and the proper planning and sustainable development of the area.

7. Soil, rock and other material excavated during construction shall not be left stockpiled on site following completion of works. Details of treatment of stockpiled materials shall be submitted to, and agreed in writing with, the planning authority, prior to the commencement of development.

Reason: In the interest of visual amenities of the area.

8. Details of aeronautical requirements shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development. Subsequently the developer shall inform the planning authority and the Irish Aviation Authority of the co-ordinates of the as constructed position of the turbine and the highest point of the turbine (to the top of the blade spin).

Reason: In the interest of air traffic safety.

9. Drainage proposals shall comply with the requirements of the planning authority for such works. Silt traps shall be provided on all surface water drainage channels. Details in this regard shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development.

Reason: To prevent water pollution.

10. On decommissioning of the wind turbine, or if the turbine ceases operation for a period of more than one year, the turbine (including foundations) shall be removed and all decommissioned structures and access road shall be removed within three months of decommissioning.

Reason: To ensure satisfactory reinstatement of the site upon cessation of the project.

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11. Prior to commencement of development, the developer shall lodge with the planning authority a cash deposit, a bond of an insurance company, or such other security as may be acceptable to the planning authority, to secure the satisfactory reinstatement of the site upon cessation of the project coupled with an agreement empowering the planning authority to apply such security or part thereof to such reinstatement. The form and amount of the security shall be as agreed between the planning authority and the developer or, in default of agreement, shall be referred to An Bord Pleanála for determination.

Reason: To ensure satisfactory reinstatement of the site.

12. The developer shall facilitate the archaeological appraisal of the site and shall provide for the preservation, recording and protection of archaeological materials or features which may exist within the site. In this regard, the developer shall:

(a) notify the planning authority in writing at least four weeks prior to the commencement of any site operation (including hydrological and geotechnical investigations) relating to the proposed development, and

(b) employ a suitably-qualified archaeologist prior to the commencement of development. The archaeologist shall assess the site and monitor all site development works.

The assessment shall address the following issues:

(i) the nature and location of archaeological material on the site, and

(ii) the impact of the proposed development on such archaeological material.

A report, containing the results of the assessment, shall be submitted to the planning authority and, arising from this assessment, the developer shall agree in writing with the planning authority details regarding any further archaeological requirements (including, if necessary, archaeological excavation) prior to commencement of construction works.

In default of agreement on any of these requirements, the matter shall be referred to An Bord Pleanála for determination.

Reason: In order to conserve the archaeological heritage of the area and to secure the preservation (in-situ or by record) and protection of any archaeological remains that may exist within the site.

______Tom Rabbette Senior Planning Inspector 24th August 2015

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