Appendix 11.3 of Their ES
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Commission Reference: 2018/C007 THE PLANNING ACT (NORTHERN IRELAND) 2011 SECTION 26 Regionally significant planning application by SSE Renewables Developments (UK) Ltd for the erection of 33 wind turbines (comprising 10 turbines with a maximum tip height of 136m and 23 turbines with a maximum tip height of 149m), associated transformers and switchgear at the base of each wind turbine, hard-standing areas for erection cranes at each turbine, internal access tracks and site access, operations buildings and wind farm substation compound and building, on site electrical cables, a parking area, two temporary construction compounds, five permanent meteorological masts and all ancillary works including borrow pits, peat storage, spoil deposition, forestry removal and minor works to the public highway between site and Magherafelt to facilitate turbine delivery (LA10/2015/0292/F) at land approximately 12 kilometres to the west of Draperstown, 2km to the north of Broughderg and adjacent to the B47. Report by Commissioner Julie de-Courcey Inquiry Dates: 4th, 5th, 6th & 12th September 2019 Date of Report: 20th February 2020 Planning Appeals Commission Section 26 ______________________________________________________________________________ Glossary of Recurrent Abbreviations AA Appropriate Assessment AOD Above Ordnance Datum AONB Area of Outstanding Natural Beauty ASSI Area of Special Scientific Interest BIA Belfast International Airport BPG Best Practice Guidance to Planning Policy Statement 18 CC Carbon Calculator CAP Cookstown Area Plan 2010 CCC Committee on Climate Change CEMP Construction Environmental Management Plan CTRN Calculation of Road Traffic Noise, Department of Transport 1988 dB Decibels DC District Council DAERA Department of Agriculture, Environment and Rural Affairs DfI Department for Infrastructure DCSDC Derry City & Strabane District Council DMRB Design Manual for Roads and Bridges EHD Environmental Health Department EU European Union EI Environmental Information EIA Environmental Impact Assessment ELF Extremely Low Frequency Electric and Magnetic Fields EMF Electro Magnetic Field ES Environmental Statement FI Financial Interest/Financially involved FODC Fermanagh & Omagh District Council GB Great Britain GCS Generation Capacity Statement GW Gigawatts HA Heritage Asset HGV Heavy Goods Vehicle HMP Habitat Management Plan HRA Habitats Regulations Assessment NSIC North-South Interconnector IoA Institute of Acoustics ICNIRP International Commission on Non-Ionizing Radiation Protection I-SEM Integrated Single Electricity Market kV Kilovolts LDP Local Development Plan LCA Landscape Character Area MAP Magherafelt Area Plan 2015 MiSC Monument in State Care MUDC Mid-Ulster District Council NED Natural Environment Division within DAERA NI Northern Ireland NIA Noise Impact Assessment NIE Northern Ireland Electricity NILCA Northern Ireland Landscape Character Assessment ____________________________________________________________________________ 2018/C007 Page 1 Planning Appeals Commission Section 26 ______________________________________________________________________________ NIRLCA Northern Ireland Regional Landscape Character Area NISRA Northern Ireland Statistics and Research Agency NPSNI Noise Policy Statement for Northern Ireland MW Megawatts OAP Omagh Area Plan 1987 - 2002 OCEMP Outline Construction Environmental Management Plan PfG Programme for Government PPS Planning Policy Statement PSMP Protected Species Management Plan PSRNI A Planning Strategy for Rural Northern Ireland RDS Regional Development Strategy RR Rebuttal Report (appended to Applicant’s rebuttal statement) RoI Republic of Ireland SEF Strategic Energy Framework sHRA Shadow Habitats Regulations Assessment SES Shared Environmental Services SM Scheduled Monument SONI System Operator for Northern Ireland SPA Special Protection Area SPG Supplementary Planning Guidance SPPS Strategic Planning Policy Statement SR Sensitive Receptor SS Sub-station TNI Transport Northern Ireland TPs Third Parties TR Technical Report (Appended to Applicant’s statement of case) UK United Kingdom of Great Britain & Northern Ireland UW Ulster Way VP Viewpoint WHO World Health Organisation ZTV Zone of Theoretical Visibility ____________________________________________________________________________ 2018/C007 Page 2 Planning Appeals Commission Section 26 ______________________________________________________________________________ CHAPTERS Page No. 1.0 Introduction 4 2.0 Energy policy 9 3.0 Planning policy 14 4.0 Economic, social & environmental benefits 24 5.0 Public safety 34 6.0 Residential amenity 45 7.0 Health 59 8.0 The water environment 68 9.0 Natural Heritage & ecology 75 10.0 Visual amenity & landscape character 93 11.0 Archaeology & cultural heritage 123 12.0 Tourism 138 13.0 Conclusions & recommendation 151 APPENDIX 1 Table of 36 no. drawings on which this recommendation is based ____________________________________________________________________________ 2018/C007 Page 3 Planning Appeals Commission Section 26 ______________________________________________________________________________ 1.0 INTRODUCTION The proposal 1.1 The application site lies to the south of the B47 (Glenelly Road) with Sixtowns Road to the east and south-east of it. Davagh Road bisects the site, running north- south through it. It extends to just under 2,600 hectares. Within its boundaries, the most notable peaks range in height from 320m to the 562m summit of Carnanelly. The site predominately comprises wet modified bog, commercial conifer plantation and blanket bog. The Glenlark River and Coneyglen Burn run through it. There are a number of small surface water bodies such as Glenarud and Feighatan Burns that run through the central and north-western parts of the site. Lough Lark is located towards its northern end. 1.2 The proposal encompasses the wind farm and all associated infrastructure in addition to parts of the haulage route for the turbines (abnormal load route) with associated road widening and creation of passing places. All traffic associated with the proposed development would use a new point of access located approximately 190 m north-east of No. 259 Sixtowns Road. The proposed access arrangements have not changed since submission of this planning application. 1.3 The applicant amended the original scheme in 2017. They reduced the number of turbines from 36 to 33 but increased the capacity for each from 3.2 megawatts (MW) to 3.6 MW thereby increasing the total capacity from 115.2 MW to 118.8 MW. Hub heights, overall height, blade diameter and tower diameters were also increased. 1.4 The plans subject of this planning application are listed in Appendix 1 of this report. Plans and maps included with the Environmental Statement (ES) and its Addendum are part of the supporting environmental information (EI) required by Regulation 11 (2) of The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015. These are distinct from the plans required by Article 3 (3) of The Planning (General Development Procedure) Order (Northern Ireland) 2015 to accompany the planning application. 1.5 In addition to the suite of drawings listed in Appendix 1, Chapter 2 of the ES and Chapter 4 of its Addendum provide a comprehensive description of the constituent elements of the proposed development and the likely sequence of construction work activities. 1.6 The applicant’s revised P1W application form, amongst other things, gives the proposed turbines’: overall height; hub height; and rotor diameter. The applicant has not specified the turbine model to be used. If planning permission were forthcoming, regardless of model selection, the aforementioned dimensions are the maxima that would be permitted on the basis of that consent. These could be the subject of an associated planning condition as was done in appeal reference 2009/A0363. ____________________________________________________________________________ 2018/C007 Page 4 Planning Appeals Commission Section 26 ______________________________________________________________________________ Micro-siting 1.7 For each proposed turbine, the revised P1W application form provided the turbine centre co-ordinates and the base height level above sea level (AOD). However, the application for planning permission was made on the basis that the applicant seeks the scope to vary: each turbine location (and the corresponding layout) for up to 50m; and the centre line of access tracks and other infrastructure by up to 25m. They said that, amongst other things, this would allow accommodation of possible variations in ground conditions across the site, which would only become apparent once extensive ground investigation works (e.g. trial holes and boreholes) are carried out at pre-construction stage. They added that this would enable the developer to make the best use of the local topographical and stratigraphically variations in order to mitigate the extent of earthworks associated with the development. 1.8 If I were to recommend that planning permission be granted for this proposal, all of the following matters would be considered in subsequent chapters of this report: the acceptability of the principle of micro-siting; the adequacy of the associated EI; the likely environmental impact of micro-siting; and whether the proposed tolerances should be reduced. Third parties 1.9 Third parties (TPs) to the inquiry process included: local residents objecting to the proposal; objectors from further afield; elected representatives; District Councils; various