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PRESENTATION TO

by

James Conlon, Jennings O’Donovan & Partners Ltd.

13TH September 2011ISO

9001OHSAS 18001

ISO 14001

WINNERGREEN BUSINESS

AWARDConnaught Region

10 / 20kV Grid Connections – What is a Planning Exemption

Step by Step Guide to Obtaining a Planning Exemption for a 10 / 20kV Grid

Connection

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Proven Track Record in theRenewable Energy Sector

Engineering 1,950MW of Power

Company Profile Jennings O’Donovan &

Partners

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1. Part 1 - What is a Planning Exemption

2. Part 2 –Why is declaration on exempted development

required

3. Part 3 - How to determine if a development is exempt

4. Part 4 - Key Principles of Route Selection

5. Part 5 – Case Studies Incorporating Detailed / Best

Practice Design Measures

Presentation Overview

A proposal which doesn’t require a planning application Contained with Article 6: Schedule 2: Part 1: Exempted

Development. 57 Classes of Development which are exempt. General: Class 26 , provides that ‘the carrying out by any electricity

undertaking of development consisting of the laying of underground of mains, pipes, cables or other apparatus for the purposes of the undertaking’

General: Class 27 , provides that ‘the carrying out by any electricity undertaking of development consisting of the construction of over-head transmission or distribution lines for conducting electricity at a voltage not exceeding a nominal value of 20kV’

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Part 1 - What is a Planning Exemption / Exempted Development

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Developments shall not be exempted development, if the carrying out of such a development would contravene any of the conditions listed in Article 9 of the Planning and Development Regulations.

16 conditions spread across four parts.

Which ones are relevant to overhead and underground line developments?

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Part (a)Contravene a condition of planningEndanger Public SafetyInterfere with the character of the landscape / development plan objectiveImpact on archaeology / geology / geological feature as protected within the development planImpact on any archaeological monumentComprise development in relation to which ABP / Local Authority consider would require a Stage 2 appropriate assessment because it would have a likely significant effect on the integrity of a European Site.Part (b) If the development is located in an area to which a special amenity order relates (Class 27 – overhead lines only)

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A question is posed to the Local Authority as to whether a proposal is considered exempt development e.g. Is the proposed development of a 20kV

overhead line exempt at this location? Is the proposed development of an

underground cable exempted in this location?

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Sufficient info must be provided to allow the Local Authority to make an assessment (Site Layout Map and other details) along with an 80 euro application fee

Not recorded on the public file Declaration / Decision issues to the applicant and the owner 4 weeks decision date from Local Authority Further Information can be requested from the Local Authority Additional parties can be requested for comment Negative decision can be referred to An Bord Pleanala by the

applicant. Current ABP decision timeframes are c.18 weeks Positive decisions can also be referred to ABP by objectors Worst case timeframe = 4 weeks + 3 weeks + 18 weeks = 25

weeks (6 months).

Section 5 Application Overview

Local authority issues a declaration stating that either:The proposal is exempted under Section 5 of the P&D ActThe proposal is not considered to be exempt development therefore a planning application is required

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Connection Offers have been issued Developer is entitled to construct all or part of this

connection to the Distribution System (SI 226 2009) Contestable Elements of this connection offer are as

follows (subject to oversight by ESB): • Detailed design • Route and site selection • Site acquisition • Planning permission • Deed of Grant/Wayleaves • Equipment purchasing • Construction • Pre-commissioning

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Section 17 of an CER authorisation to construct / license to generate application – Statutory consents to be listed, where appropriate (including planning permission).

Connection Agreement with ESB

Bank Finance / Due Diligence

REFIT 2 Section 7.4 - A “letter of offer” will not be made in any case unless (i) In the case of proposed projects planning permission has been obtained for the construction and this is demonstrated to the Minister in the application or it is demonstrated that planning permission is not required in any individual case…

Under the ESB Contestability Rules, “Where a connection is being built contestably, the developer building the assets is responsible for obtaining Planning Permission and/or obtaining any other agreements required for the construction”. Some confirmation is required by ESB prior to commissioning and taking ownership of the assets”

Increasing frequency of judicial review proceedings.

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Minimum Required Information Standard Application Form Site Location drawing of the development / General

Arrangements Application Fee (80 euro)

Recommended Information (as required by Local Authority) Screening Statement for Appropriate Assessment Archaeological Assessment

Best Practice Information Method Statement for the works Consultation responses from NPWS / IFI, if required Photomontages (if relevant)

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Standard Inputs: Applicant name, address, company details (if necessary) Site location Map Description of the developmentInterest in the land or structure. Demonstration of this varies between local authorities.

Consent letters from landowners Declaration from a solicitor that consents are in place Only Landowner names so that notification of the

Section 5 can be sent to him / her

Suitable scales Site Location Map 1:50,000 or 1:20,000 Site Layout Map 1:10.560 (6 inch scale) or

1:2,500 for smaller schemes Identify connection route Show Extent of associated lands Pole set locations (recommended) Joint bay locations for underground cable Watercourse Crossings Archaeological Features

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Prepared by a suitably qualified archaeologist An examination of the archaeological and historical context

of the area in general and specifically the route of the proposed electricity line.

The archaeological assessment is divided into two separate phases. Phase I involved a paper survey of archaeological, historical and cartographic sources. Phase II involved a walk-over survey and field inspection of the area of the proposed route.

An impact assessment and mitigation strategy has been prepared to highlight potential adverse impacts that the proposed route may have on the archaeological, architectural or cultural heritage resource. The mitigation strategy is designed to avoid, reduce or offset any adverse impacts.

Prepared by a qualified ecologist / environmental scientist in accordance with the requirements of Habitats Directive

The assessment is divided into two separate phases:

1. A desk study was to collate the available information on the ecological environment. The National Parks and Wildlife Service (NPWS) and National Biodiversity Centre online databases should be consulted concerning designated conservation areas in the vicinity of the proposed development. Any plans and projects should be considered for in-combination effects with the proposed development.

2. A walkover survey of the electricity line route should be carried out to survey habitats and inform the preparation of the ecological and appropriate assessment reports.

Specialist surveys may be required depending on nearby environmental designations.

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Preparatory Works Site Investigations Access to start point and setting out / launch and reception pits Silt Attenuation Features: Stream Crossings Launch, Reception Pit and Joint Bay Excavation Trenching Works Storage of materials Trench Operations Managing excess material from trench Directional Drilling works Storage of materials Drill Operations Managing arisings from drill operations

NPWS via Development Applications Unit. This response can have a strong bearing on Local Authority decision.

Area Engineer / Roads Engineer particularly for Underground Lines along public road

Inland Fisheries Ireland / OPW re: watercourse crossings

ESB / Local landowners

If the Local Authority consider that:

A Stage 2 Appropriate Assessment is required due to potential impacts on nearby environmental designations.

Proposal results in Negative Visual Impacts

Applicant is not an electricity undertaking as per the Electricity Supply Act

Article 9(1)(viiB) stated that if a Stage 2 appropriate assessment is required then the proposal is not exempt

A screening for appropriate assessment should be prepared and submitted with the Section 5 Application. According to the legislation no specific mitigation measures can be included in a screening statement

However, detailed design measures / best practice measures can be included e.g. bird diverters, silt fencing, bunded areas for refuelling

Survey info should be incorporated into the screening statement where necessary.

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Local Authority / An Bord Pleanala will undertake an assessment.

If their assessment concludes that there are likely significant effects on the designated site then a Stage 2 Appropriate Assessment is required. The proposal requires planning permission.

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Under Article 9 proposed development that interfere with the character of the landscape or a development plan objective are no exempt

Check County Development Plan for any scenic routes and areas

Consult with Planner Consider an additional underground cable

route section – mitigates visual impact Prepare photomontages from the scenic

views and areas (if necessary)

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Under the Electricity Regulation Act, 1999, which amongst other things established and gave powers to the Commission for Energy Regulation and made amendments to certain provisions of the electricity (supply) act, 1927, “electricity undertaking” is defined as “any person engaged in generation, transmission, distribution or supply of electricity, including any holder of a licence or authorisation under this Act,.....”

Possession of an Authorisation to Generate and License to Construct (Sections 14(1)(a) and 16(3)(a)) of the Electricity Regulation Act qualifies applicant as an electricity undertaking. These documents should be submitted with the Section 5 application where possible.

Separate confirmation can also be obtained from the CER if required.

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Landowners are key stakeholders. Underground vs. Overhead. Environmental designations should be

avoided where possible. Archaeological features. Visual Impacts

ESB - Functional Specification for 20kV Overhead Lines

ESB - Specification for the Installation of Ducts & Structures for Underground 10-20kV Power Cables & Communication Cables

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1. Case Study 1 – 20kV Underground Cable within an SPA and

crossing over an SAC

2. Case Study 2 –20kV Electrical Connection (Underground and

Overhead) along Public Road

3. Case Study 3 – Hollyford Wind Farm - 20kV Electrical

Connection (Underground and Overhead)

0.875km of 20kV underground ducted electrical cable

30.5 metres of which are to be directionally drilled across a watercourse crossing

Hen Harrier is qualifying interest of the SAC Various aquatic species are qualifying interests

of the SAC

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Underground Cabling to avoid collision risks

Utilise existing agricultural trackway to lay cable

Directional drill across stream to avoid instream works or impacts to existing watercourse crossings

Joint bay / Drill Pits to be setback from stream edge on flat ground

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Hen Harrier Survey according to Best Practice Guidance

Archaeological Assessment Method Statement for the Works Screening for Appropriate Assessment

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National Parks and Wildlife (informal feedback that directional drilling works may require planning permissions)

Inland Fisheries Ireland (no objection on review of the method statement / drawings)

OPW (no objection) Area Engineer (no objection)

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The following design measures will be implemented during the electrical connection works:A working wayleave of 4 metres Directional drilling works will only be carried out during the period May to September inclusive. No in stream works will be permitted. Works shall not take place at periods of high rainfall.A floating hydrocarbon boom and spill kit will be employed. Plant will travel at 5km/hr. If truck rutting is observed then bog mats or rolling road will be employed. Expended drilling fluid will be stored in a mobile bunded tank for transport off site. Silt fencing Any excess construction material shall be removed from the works areas and disposed of in a fully licensed landfill. No re-fuelling of machinery will take place within 50metres of any watercourse.Tool box talks addressing the environmental topics

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0.97km of 20kV overhead line mounted on single wooden

pole sets (12 No.)

5.17km of 20kV underground cable. The power cable runs

in underground duct within the existing public road verge

for the entirety of it’s length.

The power cable crosses over three existing bridge

locations.

The bridges span tributaries of a large SAC which is

designated for various aquatic species (0.4km)

Freshwater pearl mussel is also a qualifying interest of the

SAC

Underground Cabling along public road to reduce visual impact and minimise third party land impacts.

Overhead line for the last section into the substation across a single third party landownership.

Utilise existing bridge crossings to minimise hydrological impacts.

Joint bay setback from stream edge on wider areas of public road.

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Ecological Site Walkover Breeding Bird Surveys Archaeological Assessment Method Statement for the Works Screening for Appropriate Assessment

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National Parks and Wildlife (include method statement and noted potential collision risk of birds and potential hydrological risk SAC)

Area Engineer (review and approval of bridge crossing details and joint bays)

ESB (review and approval of bridge crossing details and joint bays)

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4.77km of 20kV overhead line mounted on single wooden

pole sets (12 No.)

1.21km (total) of 20kV underground cable ducted

underground by directional drilling under private lands

and public road.

One watercourse crossing

Overhead line for the majority of the route due to hilly terrain

Avoid Anglesea Special Area of Conservation Avoid any instream works due to proximity to

the Lower River Suir Underground line across a valley to minimise

visual impacts along a designated scenic route Joint bay setback from stream edge on wider

areas of public road.

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Planning Department (noted presence of scenic route along Anglesea Road and requested photomontages)

National Parks and Wildlife Area Engineer ESB

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Section 5 applications are needed for grid connections and can potentially delay a wind farm development programme

Local Authorities will scrutinise Section 5 applications and are wary of objections and judicial review

Design Solutions need to be applied at an early stage

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Thank You

James Conlon

Jennings O’Donovan & Partners Ltd.