Appendix 16

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 5th April 2017

APPLICATION NO: LA11/2015/0572/F

APPLICATION TYPE: Full

PROPOSAL: Erection of wind turbine with 40m hub height and 54m rotor diameter

LOCATION: 273m north east of 7 Strahans Road, Strabane

APPLICANT: Landmore Ltd

AGENT: CD Consulting

ADVERTISEMENT: 13.10.2015

STATUTORY EXPIRY: 29.10.2015

RECOMMENDATION: Approve

REASON FOR PRESENTATION TO COMMITTEE: This application is for a single wind turbine.

All planning application forms, drawings, letters etc. relating to this planning application are available

to view on www.planningni.gov.uk

1. Description of Proposed Development

This proposal is for single wind turbine with a 40m hub height and 54m diameter blades to replace an

approved and constructed turbine with a 30m hub height and 26m diameter blades.

2. EIA Determination

This proposal falls within Category 3 (J) of Schedule 2 of the Planning (EIA) Regulations (NI). It has

been determined that this application does not require to be accompanied by an Environmental

Statement in that the proposal meets the thresholds and given its size, nature and location it is unlikely

that any resultant environmental impact would be significant.

Appendix 16

3. Site and Surrounding Area

The site lies within an agricultural field and is accessed by way of an existing laneway from Knockroe

Road. It is located approximately 100m west from the development limit of Strabane Town. Therefore

the site is located within an upland area of open countryside as identified in Strabane Area Plan 2001.

The site is within LCA 27 Foyle Valley as per the SPG to accompany PPS18 ‘Wind Energy Development

in Northern Ireland’s Landscapes’. The area is characterised by a mix of developments and is located

adjacent Strabane Town, specifically Orchard Road Industrial Estate.

There is an existing operational turbine adjacent to the proposed site for this turbine. It is within the

red site outline and is within 20m of the turbine proposed. The proposed turbine is a replacement for

the existing operational turbine. There are no other turbines within the immediate area. This

relationship can be seen in Figure 2 below.

Figure 1 - Application site in relation to Strabane Town/Development Limit

Appendix 16

Figure 2 – Application site showing access onto Knockroe Road

4. Site Constraints

Loughs Agency Consultation Zone

Archaeological Site and Monument - TYR004:004

5. Neighbour Notification Report

Appendix 16

6. Recent Relevant Site History

APP REF PROPOSAL SITE ADDRESS DECISION DATE

LA11/2016/0432/F An application under section 54 of the Planning Act (NI) 2011 to vary condition 2 of Planning permission J/2013/0285/F to include additional European waste catalogue (EWC) codes to be accepted as feedstock for an approved 500kw anaerobic digester

West of Orchard Road Industrial Estate, Strabane

Permission Granted

03.02.2017

J/2013/0285/F Proposed 500Kw Anerobic Digester, erection of building for the production of pelletised fertiliser and Access to Strahans Road, Strabane.

Lands to the North East of existing concrete works and West of Orchard Road Industrial Estate

Strabane

Permission Granted

14.03.2016

J/2012/0408/F Article 28 amendment of conditions 02, 03 and 04 of planning approval J/2010/0115/F for a waste transfer station, household recycling centre and council depot

Strahans Road, Backtown, Strabane, Co Tyrone

Permission Granted

09.10.2014

J/2010/0333/F Installation of a 250kW wind turbine connected into the concrete plant's 11kV electrical system

Backtown, Strahans Road, Strabane.

Permission Granted

01.12.2010

J/2010/0115/F Proposed waste transfer station, household recycling centre and council depot.

300m East of 11 Strahan's Road, Backtown, Strabane BT82 9SF

Permission Granted

05.08.2011

Appendix 16

7. Policy Framework

Regional Development Strategy for Northern Ireland 2035 (RDS)

Strabane Area Plan 2001

Strategic Planning Policy Statement for Northern Ireland (SPPS) Planning for Sustainable Development

PPS 21: Sustainable Development in the Countryside (PPS 21) Policy CTY 1

Planning Policy Statement 18: Renewable Energy (PPS 18) Policy RE1 - Renewable Energy

Development

Best Practice Guidance to PPS 18 - Renewable Energy

Supplementary Guidance “Wind Energy Development in Northern Ireland’s Landscapes”

Planning Policy Statement 2 – Nature Conservation

Planning Policy Statement 6 – Planning, Archaeology and Built Heritage

8. Consultee Responses

Westica Communications Ltd: They have assessed this proposal from a technical safeguarding

aspect in respect of potential impact on NI Emergency Services. They no objection to this

proposal from a technical safeguarding respect.

Northern Ireland Water: NIW have assessed the proposal with regard to both fixed radio links

and ST radio links and have no objection.

Environmental Health Department: EHD have requested that a noise assessment is carried out

by the applicant in order to assess the potential impact on any noise sensitive receptors.

Following the receipt of additional information they are content with the proposal subject to

the existing turbine being removed and other standard conditions.

Transport NI: Transportni are concerned about the access and its safety onto Knockroe Road

and have requested 2.4 x 60m sightlines in both directions. They have also pointed out that

the access will be affected by the land take for the A5 WTC.

NATS Safeguarding: They have assessed this proposal with regard to technical and

safeguarding their electronic infrastructure. They have no objection to this proposal from a

technical safeguarding respect.

Appendix 16

Loughs Agency: This consultee provide expertise in relation to environmental practice in

proximity to watercourses. They have no objection subject to standard informatives.

NIEA: Historic Monuments Unit (HMU): HMU have considered the proposal in relation to a

nearby archaeological site and monument and are content with the proposal.

NIEA: Waste Management Unit (WMU): WMU have suggested that the foundations for the

proposed turbine may impact on groundwater flow and a desktop survey may be required.

An informative with regards to this would advise the applicant/developer to address this.

NIEA: Natural Heritage & Conservation Areas (NH): They have considered the proposal with

regard to designated sites and protected species. They state that whilst there is an area of

hedgerow within the 50m buffer area it is unconnected with the wider landscape and

therefore is unlikely to provide habitat features for bats. They have provided informatives.

MOD DIO: They have considerd this proposal in the interests of air safety. They have no

objection to the proposal however they require that a condition be imposed on any approval

where DIO are notified UK DVOF & Powerlines with specific additional information in order to

allow updating of aeronautical charts and mapping records.

9. Representations

No letters of representation have been received.

10. Planning Assessment, including 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.

This proposal has been assessed against the provisions of the Strabane Area Plan 1986 - 2001, as well

as other material considerations including the Regional Development Strategy; the Strategic Planning

Policy Statement for Northern Ireland (SPPS), PPS 3: Access, Movement and Parking, PPS 18:

Renewable Energy Development and associated guidance in terms of visual amenity, residential

amenity, public safety, nature conservation interests etc, and finally PPS 21: Sustainable Development

in the Countryside.

Appendix 16

Both the SPPS and PPS 18 are supportive of projects for generating renewable energy provided the

proposal, and any associated buildings and infrastructure, will not result in an unacceptable adverse

impact on:

(a) public safety, human health, or residential amenity,

(b) visual amenity and landscape character;

(c) biodiversity, nature conservation or built heritage interests;

(d) local natural resources, such as air quality or water quality; and

(e) public access to the countryside

Policy RE 1 also states applications for wind energy development will also be required to demonstrate

that:

(i) the development will not have an unacceptable impact on visual amenity or landscape

character through: the number, scale, size and siting of turbines;

(ii) the development has taken into consideration the cumulative impact of existing wind turbines,

those which have permissions and those that are currently the subject of valid but undetermined

applications;

(iii) the development will not create a significant risk of landslide or bog burst;

(iv) no part of the development will give rise to unacceptable electromagnetic interference to

communications installations; radar or air traffic control systems; emergency services

communications; or other telecommunication systems;

(v) no part of the development will have an unacceptable impact on roads, rail or aviation safety;

(vi) the development will not cause significant harm to the safety or amenity of any sensitive

receptors1 (including future occupants of committed developments) arising from noise; shadow

flicker; ice throw; and reflected light; and

(vii) above-ground redundant plant (including turbines), buildings and associated infrastructure

shall be removed and the site restored to an agreed standard appropriate to its location.

Additionally, Para.2.3 of the SPPS states that the planning system operates in the public interest of

local communities. The basic question is whether the proposal would unacceptably affect amenities

of owners or occupiers of neighbouring properties and the existing use of the land and buildings that

ought to be protected in the public interest.

Appendix 16

Para 5.72 relates to the refusal of planning permission. Sustainable development should be permitted

having regard to the local development plan and all other material considerations unless the proposal

will cause demonstrable harm to interests of acknowledged importance.

Consideration of the proposal

The proposal is for the erection of a replacement single wind turbine. The main planning

considerations that need to be taken into account in assessing this proposal include planning history

of the surrounding area/surrounding turbine development, PPS 3 in terms of access and servicing and

the SPPS, PPS 18 and PPS 2 and its associated guidance in terms of visual amenity, residential amenity,

public safety and nature conservation interests.

Public Safety, Human Health & Residential Amenity

In terms of the amenity of nearby properties, shadow flicker is a consideration. The area potentially

affected by shadow flicker is 10 times the rotar diameter of the wind turbine for 130 degrees either

side of north. 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 several properties at Whinn View and The

Orchard could potentially be affected by shadow flicker in a range from 0.31 to 0.38 hours per day,

which is marginally outside of the levels recommended in the supplementary guidance. Only one

property will exceed the hours per year recommended level. This is also in Whinn View and is only

marginally outside this at 36.46 days. The level of shadow flicker at the remainder of the residential

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. A

condition regarding shadow flicker is attached to ensure that if any complaints are made these will be

investigated and mitigation will be required to be put in place. Therefore it can be concluded that the

proposal would not adversely affect the amenity of any nearby properties in terms of shadow flicker

and thus the proposal complies with Policy RE 1 of PPS 18.

In terms of noise, the applicant has submitted an acoustic assessment in an attempt to address the

issues raised by Environmental Health in relation to the impact this proposal would have on potential

noise sensitive receptors. They have considered this report and stated that the provided the existing

turbine is removed the noise predictions demonstrate that noise generated by the proposal will be

Appendix 16

below the noise limits derived from the background noise levels measured in the vicinity of the

proposal. Therefore it can be concluded that the proposal would not adversely affect the amenity of

any nearby properties in terms of noise and therefore the proposal complies with Policy RE 1 of PPS

18.

A significant level of consultation has been carried out in relation to a number of issues including the

impact on communications installations, telecommunications equipment and defence authorities. No

significant issues have arisen.

Visual Amenity & Landscape Character

The supplementary guidance identifies LCA 27 as having an overall high to medium sensitivity. The

location, siting, layout and design considerations direct wind energy development south of Strabane

and states that care should be taken to avoid impacts on the settings of Derry, Strabane and

Newtownstewart as well the Sperrins and a5 tourist route. Council has carried out a visual assessment

of this proposal as detailed below.

The proposed turbine is a replacement for the existing turbine on site as can be seen below. The site

is located in the south eastern corner of a gently sloping agricultural field. It would be visible over a

short distance when travelling in both directions along (A-B) Strahans Road as can be seen below.

Figure 3 – View towards site from Strahans Road

Appendix 16

There would also be intermittent views when travelling along Knockroe Road when travelling in both

directions (C-D) and from the properties at Whinn View and Orchard Road Industrial Estate. Due to

the intervening vegetation along the Great Northern Link views are limited only to the junction where

it meets Strahans Road.

Figure 4 – View towards the site from Knockroe Road

Figure 5 – View towards the site from Whin View

Appendix 16

Figure 6 – View towards the site from Frylite Premises at Orchard Road Industrial Estate

Whilst the proposed turbine is greater in terms of height and blade diameter, given that it is not be

sited directly on the skyline the views of it are limited to the adjacent local road network. The photos

also demonstrate that whilst this proposal is technically in the countryside it is read with the adjacent

commercial/industrial buildings, concrete works and Anaerobic Digester. As a result it is considered

that the development will not have an unacceptable impact on visual amenity or landscape character

of this particular area. With regard to cumulative impact the only other nearby turbine

(J/2010/0008/F) is located west of Carricklee Road and approximately 1km north west of the

application site. It can be seen when travelling west along Strahans Road. However given the distance

and change in topography between the proposed turbine and this one they are not visually linked or

read together. It can be concluded that there are no issues in terms of cumulative impact. It is

therefore considered that the landscape at this particular location would have capacity for this specific

wind energy development, and the proposal complies with Policy RE 1 of PPS 18.

Environmental, economic and social benefits

In terms of the potential wider environmental, economic and social benefits of the development, the

agent has not indicated if the electricity will go to the grid or for domestic/business use purposes. In

any case it is assumed that there will be a contribution to wider governmental targets regarding

renewable energy.

Appendix 16

Biodiversity, nature conservation / built heritage interests/Local natural resources

An archaeological site and monument is recorded in proximity of this site. NIEA HMU have been

consulted and considered the potential impacts of this proposal on this site. They have no objections.

The site does not appear to be bogland which would potentially be at risk of land slide or bog burst.

Due to the nature of the proposal it is unlikely to have a detrimental impact on local natural resources.

An informative to advise of potential effects on groundwater will be attached to advise the applicant

/developer should any issues arise.

The turbine is sited to allow a minimum distance of 50m from boundary vegetation which could be

potential bat habitat and NIEA are content in this respect.

It is therefore considered that the proposal will not have any significant impacts upon any biodiversity

or nature conservation interests therefore complies with PPS 18 or PPS 2.

Public access to the countryside

The proposal is proposing to use an existing laneway off Knockroe Road which serves an existing

operating concrete works. The agent (in the P1 Form) has stated he will be using this existing access

however following consultation with Transport NI sightlines of 2.4m x 60m are requested in both

directions. Given that this is an existing access onto a rural road and in consideration of the frequency

of use of this access in terms of construction, servicing and decommissioning purposes in connection

with the development, in this instance it is considered that the Transportni requirements are not

necessary and therefore amended plans in this respect have not been requested. Transportni have

also pointed out that access to this site part of the land-take associated with the A5WTC. The

applicant/developer would be advised of this by way of an informative. It is therefore considered that

the proposed development would not prejudice the safety and convenience of road users and those

accessing the countryside.

11. Conclusion

In conclusion, as detailed above, this proposal is considered acceptable when assessed against the

relevant policy requirements and all material considerations. It is therefore respectfully requested

that the Committee agree with the professional recommendation to approve this application subject

to the conditions set out below.

Appendix 16

12. Proposed Reasons for Refusal

1. The development hereby permitted shall be begun before the expiration of 5 years from the date

of this permission.

Reason: As required by Section 61 of the Planning Act (Northern Ireland) 2011.

2. The development hereby approved shall not commence until the existing operational wind

turbine approved under planning application number J/2010/0333/F and indicated on drawing 01

date stamped 28th September 2015 has been decommissioned and removed from the site.

Reason: To ensure there is no adverse impact on visual amenity and to enable control of noise

levels from the development at noise sensitive locations.

3. A restoration plan and timetable to restore the site to its former condition shall be submitted to

and agreed in writing with the Council prior to the development hereby permitted coming into

operation. The restoration plan shall include all the works necessary to revert the site to its former

condition including the removal of all structures, including foundations, access tracks, other

materials and any associated goods from the site. The restoration of the site shall be carried out

in accordance with the approved plan and timetable.

Reason: To facilitate restoration of the site and maintain the landscape quality of the area.

4. The wind turbine to be installed shall be a 40m hub height EWT DW54 turbine with a generating

capacity of 250kW and located at Irish Grid Coordinates IGR E233231 N395809 unless otherwise

agreed in writing (in consultation with Environmental Health) with the Local Planning Authority.

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

5. 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 predicted noise levels set out in Tables 7 & 10 of the Fitzsimons Walsh

Environmental Ltd ‘Noise Impact Assessment’ received by the Planning Department on the 17th

Appendix 16

February 2017. 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 Table7 unless otherwise agreed by Derry City and Strabane

District Council.

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

6. Within 4 weeks of a written request by Derry City and Strabane District Council, following a noise

complaint from the occupant of a dwelling or commercial office 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.

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

7. 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 3, 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.

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

8. 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

Appendix 16

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.

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

9. 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 it’s 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.

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

10. Within 4 weeks of a written request by Derry City and Strabane District Council, following a

complaint regarding shadow flicker from the occupant of a dwelling or commercial office 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

impact of shadow flicker from the wind turbine at the complainant's property. Details of the

survey shall be submitted to Derry City and Strabane District Council for consideration. Mitigation

measures may be required to address this should the impact be considered unacceptable.

Reason: To allow the Council to maintain control over this temporary form of development and

reconsider the proposal in light of the circumstances then prevailing.

11. Construction work, which is audible at any noise sensitive property outside the site, shall only

take place between the hours of 07.00 - 19.00 hours on Monday to Friday, 07.00 - 13.00 hours on

Saturday with no such working on Sunday. Outwith these hours, work at the site shall be limited

Appendix 16

to turbine erection, testing/commissioning works, emergency works, or construction work that is

not audible at any noise sensitive property.

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

12. The developer shall install a Low/Medium (Low if its less than 45m above ground level or Medium

if it is more than 45m above ground level) Intensity, Omnidirectional, Night Vision Compatible,

Steady Red Obstacle light at the highest point of the hub. The light should be lit 24 hours a day,

seven days a week

Reason: To warn low flying aircraft that there is an obstacle at this location in the interests of air

safety.

13. Prior to the commencement of development, Defence Infrastructure Organisation (DIO)

Safeguarding UK DVOF & Powerlines at the Defence Geographic Centre must be notified with the

following information:

a. Precise location of development.

b. Date of commencement of construction.

c. Date of completion of construction.

d. The height above ground level of the tallest structure.

e. The maximum extension height of any construction equipment.

f. Details of aviation warning lighting fitted to the structure(s)

Reason: To permit aeronautical charts and mapping records to be amended in the interests of air

safety.