appendix 5 - derry city and strabane district...

Appendix 5

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 1st February 2017

APPLICATION No: J/2015/0047/F

APPLICATION TYPE: Full Application

PROPOSAL: Erection of a 250kw wind turbine with maximum tip height of 60m (max hub height 40.5m and max rotor diameter of 39m) and all ancillary works

LOCATION: Approximately 279m South West of no 28 Berryhill Road, Artigarvan, Strabane, Co. Tyrone

APPLICANT: Mrs Hazel Kee, C/O ICWM Ltd.

AGENT: IWCM Ltd, Clondargan, Stradone, Cavan, Co. Cavan

ADVERTISEMENT: 26.03.2015

STATUTORY EXPIRY: 09.04.2015

RECOMMENDATION: APPROVE

REASON FOR PRESENTATION TO COMMITTEE: Wind Turbine

All planning application forms, drawings, consultation responses, letters etc. relating to this planning application are available to view on www.planning.gov.uk

1. Description of Proposed Development

The proposal is for a single 250kW wind turbine with a hub height of 40.5 metres and 39 metre

rotor diameter giving an overall height of 60 metres to blade tip. The proposal also incorporates

a small hard standing area, access track and kiosk associated with the turbine.

2. EIA Determination

The proposed development is within the scope of Schedule 2 - 3 (J) of the Planning (Environmental

Impact Assessment) Regulations (NI) 2015 as the hub height of the proposed turbine exceeds 15

metres. Consequently, an environmental determination was carried out and the Council

determined that the planning application did not need to be accompanied by an Environmental

Statement.

http://www.planning.gov.uk/

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3. Site and Surrounding Area

The application site is on the north side of the Berryhill Road approx. 0.5 kilometres west of the

settlement of Artigaravan and 0.7 kilometres east of the settlement of Ballymagorry. It is a small

parcel of land within an agricultural field 300 metres west of the rear of the dwelling and farm

yard at 28 Berryhill Road. The site of the proposed turbine is currently undefined and the larger

field is enclosed by hawthorn hedge. The topography of the surrounding land slopes down gently

from Artigarvan towards Ballymagorry and the main A5. Within this landscape there is a overhead

electricity line with large lattice tower pylons approx. 100 metres to the north of the site which

extends between the two adjacent settlements.

Figure 1 : Ariel view of site

4. Site Constraints

The application site has no specific site constraints

5. Neighbour Notification Report

Neighbour Address Date Neighbour Notified27 Berryhill Road Milltown Dunnamanagh Tyrone BT82 0EL

20.03.2015

Appendix 5

6. Relevant Site History

There is no relevant planning history in the vicinity of the application site.

7. Policy Framework

Regional Development Strategy for Northern Ireland 2035

Strabane Area Plan 1986 - 2001

Strategic Planning Policy Statement for Northern Ireland : Planning for Sustainable Development

Planning Policy Statement 3 : Access, Movement and Parking

Planning Policy Statement 21 : Sustainable development in the Countryside

Planning Policy Statement 18 : Renewable Energy

Best Practice Guidance to Planning Policy Statement 18 : Renewable Energy

Wind Energy Development in Northern Ireland's Landscapes

8. Consultee Responses

Environmental Health have recommend a number of planning conditions, as outlined in paragraph

12 below, based on the latest noise information submitted.

NIE, Ofcom, BT, EMR Integrated Solutions on behalf of Eircom NI, Defence Infrastructure

Organisation and Land and Management Services and Safeguarding Department have no

objections to the development.

9. Representations Consideration

No letters of support or objection to the development have been received.

10. Planning Assessment and Other Material Considerations

Section 6 (4) of The Planning Act (Northern Ireland) 2011 requires the Council to make planning

decisions in accordance with the local development plan, unless material considerations indicate

otherwise. The site is within Greenbelt as identified in the District Strategy Map of the Strabane

Area Plan, however this designation has been superseded by PPS 21. The site is within Sperrin

Foothills LCA 30 as identified in the document Wind Energy Development in Northern Ireland’s

Landscapes. This proposal has therefore been assessed against the policy framework listed in

paragraph 7 and all other material considerations including consultation responses and the

planning history of the surrounding area.

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The SPPS and Policy RE 1 of PPS 18 are both supportive of projects for renewable energy provided

they will not result in any unacceptable adverse impacts with regards to the following criteria:

Public Safety / Residential Amenity

The area potentially affected by shadow flicker is 10 times the rotar diameter of the wind turbine

for 130 degrees either side of north. There is one residential property located within this area at

28 Berryhill, approx. 284 metres north east of the site, and three other properties located within

500 metres of the site. The supplementary guidance recommends that shadow flicker should not

be exceed 30 minutes per day or 30 hours per year at neighbouring dwellings within 500 metres.

The applicant has submitted shadow flicker assessment which stipulates that the dwelling at 28

Berryhill Road could potentially be affected by shadow flicker 0.34 hours per day, which is

marginally outside of the levels recommended in the supplementary guidance, and 20.25 hours

per year which is within the recommended levels. The level of shadow flicker at the other three

properties within 500 metres of the site shall not exceed the recommended levels. Therefore the

proposal will not have a significantly detrimental impact upon residential amenity in this respect.

Environmental Health advise that noise emissions from proposed turbine shall meet noise limits

at all nearby noise sensitive properties with the exception of a small night-time exceedance of

0.1dB at 27 Berryhill Road, but on balance the proposal is considered acceptable and they have

recommended the planning conditions outlined in paragraph 12 to ensure that the stipulated

noise limits are maintained and enforced during the operation of the proposed turbine. No third

party objections have been received to date. I am therefore satisfied that the development will

not have an unacceptable adverse impact upon the residential amenity of nearby properties in

terms of noise.

The proposed turbine is approx. 100 metres from one of NIE’s 11kv overhead power lines. NIE’s

policy for safety clearances to 11kV lines is the overall height of the turbine plus 6 metres. On this

basis the turbine would not infringe on the required safety clearance and NIE have no objections.

It is unlikely the development will pose a public safety issue.

Visual Amenity & Landscape Character

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The supplementary guidance identifies LCA 31 as having an overall high sensitivity. It

recommends that wind energy developments reflect the fact that turbines may be seen in very

close juxtaposition with small scale field patterns and landscape features and also recommends

that wind energy developments are visually well separated from each other.

The proposed turbine will be most obvious when travelling along the Berryhill Road between

Ballymagorry and Artigarvan, as well as being visible from the surrounding local road networks

due to the open character and gently sloping topography of the surrounding land. It will not be

overly obvious from the main A5 Derry to Strabane Road but will be visible from the R265 road

across the valley between Lifford and St Johnston in the Republic.

The proposed turbine will be sited less than 200 metres from the Berryhill Road but will be set at

a slightly lower level as the land slopes away from the road, reducing its dominance. This stretch

of the road links the two adjoining settlements and does not have an overly rural character or

appearance. The landscape here is generally dominated by manmade structures with an existing

overhead line 100 metres north of the site which stretches between the two settlements and has

at least 6 large steel lattice tower pylons. Strabane Mill is also located to the south of the site on

the opposite side of the Berryhill Road within Artigarvan.

Photo 1 : View from Berryhill Road adjacent to site

From the local surrounding road network there will be more immediate but shorter range views

of the turbine. It will be viewed within the setting of the adjoining settlement of Artigarvan and

will read with the development within this settlement as well as the surrounding network of

overhead cables and pylon structures. It will not appear elevated or overly prominent in the

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landscape. In this context, the development will not detrimentally impact upon the visual

amenity of landscape character of the area.

Photo 2 : View from Station Road to north

In longer range views from the R265 across the valley, the proposed turbine will be sited

equidistance between the two adjoining settlements. From this vantage point the turbine will

not appear sky line or dominant in the landscape but will be sited with a backdrop of the rising

land to the south east. Again, the turbine would represent one of a number of manmade features

in this landscape as it would be inter visible with the adjacent overhead electricity lines and pylons

as well as reading with the adjacent settlement of Artigarvan, including the mill buildings and

structures which are located at the edge of the settlement closest to the site of the turbine.

Photo 3 : View from R265 between Lifford and St Johnston across the valley

Appendix 5

The supplementary guidance for this LCA recommends that wind energy developments are

visually well separated from each other and in terms of culmulative development, the SPPS

defines development comprising more than two turbines as wind farms and states some

landscapes may be able to accommodate these more easily than others, on account of their

topography, landform and ability to limit visibility. The are no existing turbines or planning

approvals for single wind turbines within the vicinity of the application site, this will be the first

in this landscape. Therefore the proposed development would not create an unacceptable

cumulative visual impact

Giving consideration to the above, the landscape at this particular location (Artigarvan) would

have capacity for a 40.5 metre single wind turbine and would not have a detrimental impact upon

the visual amenity or landscape character of the area.

Biodiversity / Nature Conservation / Built Heritage / Local Natural Resources

There is sufficient separation distance between the turbine and nearby habitat features. The site

is not located within close proximity to any built heritage sites. It does not appear to be within a

bog land area which would potentially be at risk of bog burst. Due to the nature of the proposal

it is unlikely to have a detrimental impact on local natural resources.

Electromagnetic Interference

Consultation has been carried with regards to the impact of the turbine upon communications

installations, telecommunications equipment, as well as aviation and defence authorities and no

significant issues have arisen.

Access Arrangements

The proposed turbine will use the existing agricultural lane access off Berryhill Road. There are

no alterations proposed to this access and existing visibility splays are to be retained. The

development will provide a new length of access track at the end of the existing agricultural lane

with a hard standing area at the site of the turbine. This ancillary development which will not

detract from the character of the surrounding countryside and the proposal will not hinder public

access to the countryside. These arrangements comply with PPS 3 in terms of road safety and

PPS 21 in terms of integration.

Appendix 5

Figure 2 : Site layout

Environmental, Economic, Social Benefits

Policy RE 1 of PPS 18 gives significant weight to the wider environmental, economic and social

benefits of proposals in determining whether planning permission should be granted, however

the SPPS states that appropriate weight should be given to these benefits. Whilst the agent has

not indicated that the applicant intends to export the electricity generated to the national grid, it

can be assumed that this is the case as it has not been indicated it is for domestic or business use.

Therefore it is assumed that the development will contribute to wider governmental targets

regarding renewable energy.

11. Conclusion and Recommendation

Having considered the proposal against the policy and all material considerations, approval is

recommend.

Appendix 5

12. Conditions

1. As required by Section 61 of the Planning Act (Northern Ireland) 2011, the development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

Reason: Time Limit

2. The level of noise immissions from the wind turbine (including the application of any tonal penalty when calculated in accordance with the procedures described on pages 104 - 109 of ETSU-R-97) shall not exceed the values set out in Table 1 below. Noise limits for any dwellings which lawfully exist or have planning permission for construction at the date of this consent but are not listed in the tables shall be represented by the physically closest location listed in the tables unless otherwise agreed Derry City and Strabane District Council.

Table 1: Noise Limits dB LA90 at all times

Standardised wind speed at 10m height (m/s) within the site averaged over 10-minute periodsProperty

4 5 6 7 8 9 10 11 12

H01 41.0 41.6 42.2 42.8 43.4 44.0 44.6 45.2 45.8

H02 38.0 38.6 39.2 39.8 40.4 41.0 41.6 42.2 42.8

H03 36.0 36.6 37.2 37.8 38.4 39.0 39.6 40.2 40.8

H04 35.5 36.1 36.7 37.3 37.9 38.5 39.1 39.7 40.3

H05 33.0 33.6 34.2 34.8 35.4 36.0 36.6 37.2 37.8

H06 32.4 33.0 33.6 34.2 34.8 35.4 36.0 36.6 37.2

H07 32.0 32.6 33.2 33.8 34.4 35.0 35.6 36.2 36.8

H08 32.3 32.9 33.5 34.1 34.7 35.3 35.9 36.5 37.1

H09 32.3 32.9 33.5 34.1 34.7 35.3 35.9 36.5 37.1

H10 32.4 33.0 33.6 34.2 34.8 35.4 36.0 36.6 37.2

H11 32.4 33.0 33.6 34.2 34.8 35.4 36.0 36.6 37.2

H12 32.3 32.9 33.5 34.1 34.7 35.3 35.9 36.5 37.1

H13 32.3 32.9 33.5 34.1 34.7 35.3 35.9 36.5 37.1

H14 32.3 32.9 33.5 34.1 34.7 35.3 35.9 36.5 37.1

H15 32.2 32.8 33.4 34.0 34.6 35.2 35.8 36.4 37.0

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H16 32.0 32.6 33.2 33.8 34.4 35.0 35.6 36.2 36.8

H17 33.7 34.3 34.9 35.5 36.1 36.7 37.3 37.9 38.5

H18 37.3 37.9 38.5 39.1 39.7 40.3 40.9 41.5 42.1

Reason: To control the noise levels from the development at noise sensitive locations.

3. Within 3 months of the development first becoming fully operational (unless otherwise extended with Derry City and Strabane District Council) the wind turbine operator shall at his/her expense employ a suitably qualified and competent person to measure the sound power levels of the approved turbine in accordance with IEC 61400-11 (Edition 3). Details of the IEC 61400-11 measurement methodology proposed shall be submitted to Derry City and Strabane District Council for written approval prior to any monitoring commencing. Derry City and Strabane District Council shall be notified not less than 2 weeks in advance of the date of commencement of the noise survey.


4. Within 4 weeks of a written request by Derry City and Strabane District Council, following a noise complaint from the occupant of a dwelling which lawfully exists or has planning permission at the date of this consent, the wind turbine operator shall, at his/her expense employ a suitably qualified and competent person, to assess the level of noise immissions from the wind turbine at the complainant's property following the procedures described in Pages 102-109 of ETSU-R-97. Details of the noise monitoring survey shall be submitted to Derry City and Strabane District Council for written approval prior to any monitoring commencing. Derry City and Strabane District Council shall be notified not less than 2 weeks in advance of the date of commencement of the noise monitoring.


5. The wind turbine operator shall provide to Derry City and Strabane District Council the results, assessment and conclusions regarding the noise monitoring required by Condition 2, and 3 (if requested), including all calculations, audio recordings and the raw data upon which that assessment and conclusions are based. Such information shall be provided within 3 months of the date of the written request of Derry City and Strabane District Council unless otherwise extended in writing by Derry City and Strabane District Council.


6. Wind speed, wind direction and power generation data shall be continuously logged throughout the period of operation of the wind turbine. This data shall be retained for a period of not less than 12 months. At the request of Derry City and Strabane District Council, the recorded wind data, standardised to 10m height above ground level and relating to any periods during which noise monitoring took place or any periods when there was a specific noise complaint, shall be made available to it.

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7. Within 4 weeks from receipt of a written request from Derry City and Strabane District Council, following an amplitude modulation (AM) complaint to it from the occupant of a dwelling which lawfully exists or has planning permission at the date of this consent, the wind turbine operator shall submit a scheme for the assessment and regulation of AM to Derry City and Strabane District Council for its written approval. The scheme shall be in general accordance with:

Any guidance endorsed in National or Northern Ireland Planning Policy or Guidance at that time, or in the absence of endorsed guidance,

Suitable published methodology endorsed as good practice by the Institute of Acoustics; or in the absence of such published methodology,

The methodology published by Renewable UK on the 16th December 2013;

and implemented within 3 months of the written request of Derry City and Strabane District Council unless otherwise extended in writing by Derry City and Strabane District Council.


8. Within 12 months of the cessation of electricity generation at the site all structures shall be removed and the land restored in accordance with a scheme to be submitted to and agreed in writing with the Authority at least one year prior to the commencement of any decommissioning works.

Reason: To restore and maintain the landscape quality of the area.

appendix 5 - derry city and strabane district...

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