derry city and strabane district council planning...

Appendix 5

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 10 January 2018

APPLICATION No: LA11/2016/0721/F

APPLICATION TYPE: Full

PROPOSAL: Proposed 225kW wind turbine comprising of a V27 model with a 30M hub height and a 27M rotor diameter

LOCATION: Approximately 490 Metres South East of No.63 Curlyhill Road, Strabane

APPLICANT: Mr C Roulston, C/O 413 Victoria Road, Ballymagorry

AGENT: TC Town Planning 84 Ashgrove Park, Magherafelt, BT45 6DN

ADVERTISEMENT: 8/9/2016

STATUTORY EXPIRY: 22/9/2016

RECOMMENDATION: Approve

REASON FOR PRESENTATION TO COMMITTEE: Wind Turbine

Return to committee following site inspection carried out on 13th December 2017 at members’

request.

Site Visit Attendees: Ald Hamilton, Bresland

Cllrs: Hastings, Boyle, Kelly, Jackson, Gardiner, Logue, McGuire

Planning: R McMenamin, C Rodgers

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 Proposed 225kW wind turbine comprising of a V27 model with a 30M hub height and a 27M rotor

diameter

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 exceeds 15 metres. Consequently an

http://www.planningni.gov.uk/

Appendix 5

environmental assessment was carried out and the Council determined that the planning

application did not need to be accompanied by an Environmental Statement.

3. Site and Surrounding Area

Site is located in an agricultural field and is accessed via an existing informal farm lane. The area

generally is of upland fields with modest boundaries. There are two other approved and built wind

turbines to the south of the application site (figures 1, 4 and 5). This proposal is in substitution of

application reference (J/2011/0425/F) which was withdrawn after this application was submitted

(figure 1).

4. Site Constraints

There are no development plan zonings or policy constraints affecting this site but it is located

within the Sperrin AONB.

5. Neighbour Notification Report

There were no occupied buildings within 250m of the site and no neighbours were notified.

6. Relevant Site History

Figure 1: site location and immediate area planning history map

APPLICATION SITE

J/2010/0131/F 40M hub height wind turbine. Approved 3/5/2011 and operational.

J/2013/0297/F 30 m hub height wind

turbine. Approved 20/8/2015 and

operational.

J/2011/0425/F 30m hub height wind turbine. Withdrawn 21/10/2016

J/2012/0260/F 31m hub height wind

turbine. Withdrawn 21/11/2013

Appendix 5

7. Policy Framework

The Strabane Area Plan 1986-2001

Regional Development Strategy for Northern Ireland

Strategic Planning Policy Statement for Northern Ireland

CTY1 contained in PPS 21: Sustainable Development in the Countryside

Policy RE 1-Renewable Energy Development contained in Planning Policy Statement 18:

Renewable Energy

The Best Practice Guidance to PPS 18 - Renewable Energy

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

Planning Policy Statement 3 : Access, Movement and Parking

Figure 1a: The application site and operational wind turbines in the wider area.

LA11/2016/0721/F application site

J/2010/0131/F Erection of a 250Kw Wind Turbine with a tower height of 40m, approx. 640m.

South East of 63 Curlyhill Road, Strabane. Approved 03.05.2011

J/2013/0297/F Proposed 250kw wind turbine with mast height 30m x 30m diameter rotar to

generate electricity for export to grid, approx 400m west of 53 Curly Hill Road. Approved

20.08.2015

J/2010/0063/F Erection of a 225kw wind turbine with a tower height of 40m Approximately 310m

north west of 20 Evish Road, Strabane. Approved 22.04.2011

Appendix 5

J/2012/0221/F Single 250kW wind turbine on a farm, rotor diameter 30m and hub height 30m and

construction of associated access laneway Lands approximately 240 metres South West of no 99A

Curlyhill Road. Approved 30.07.2013

J/2010/0079/F 225kw Wind Turbine to serve dairy farm with surplus to grid height. 31m Hub 120m

South of 21 Hollyhill Road, Strabane. Approved 31.01.2011

J/2004/1054/F 24m high wind turbine to generate electricity for private use and surplus fed into

the national grid (20kw capacity) and hardcore access road to site from existing yard Land 120m

South of 21 Hollyhill Road, Strabane. Approved 15.06.2006.

8. Consultee Responses

Environmental Health – subject to condition as set out in section 12, EHD is satisfied that noise

will not be an issue at relevant properties.

Belfast International Airport – no objection

National Air Traffic Services - no objection

Loughs Agency – no objection

Arqiva -

NIW Windfarms – no objection

Ofcom – no objection

PSNI - no objection

The Joint Radio Company - no objection

UK Crown Bodies LMS -

UK Crown Bodies Safeguarding -

TransportNI

NIEA – Land Soil Air – requested that it be identified if the foundations for the wind turbine

could potentially impact on groundwater flow paths

Defence Infrastructure Organisation – no objection

9. Representations

2 letters of objection were received relating to this proposal. The following matters were raised:

Noise – EHD has considered the objectors’ concerns and considers that based on information

provided by the applicant that the proposed turbine will not result in appropriate ETSU-R-97

limits being breached. If noise is experienced at Nos. 83 and 85a it is more likely to be from

the approved and built J/2004/1054/F and J/2010/0079 turbines (Figure 1a).

Appendix 5

Visual impact of a number of turbines in the area: see assessment below under section 10

Visual amenity and landscape character.

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. The site lies in the open countryside outside the development limits of any settlement

defined in the Strabane Area Plan 1986 – 2001. The site is located within the Sperrin Area of

Outstanding Natural Beauty and LCA29 Sperrin Mountains.

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, human health, or residential amenity It is unlikely the development will pose a public safety issue. The applicant has submitted a noise

impact assessment with regards to potential noise levels associated with the development and

impact on nearby residential properties. Environmental Health are satisfied that the turbine will

not cause unreasonable disturbance subject to the conditions as set out in section 12. Two

objections have been received which cite noise as a concern. Environmental Health has considered

the potential noise impact at the objectors’ dwellings and concludes that based on information

provided by the applicant that the proposed turbine will not result in appropriate ETSU-R-97 limits

being breached. EHD advises that if noise is experienced at Nos. 83 and 85a it is more likely to be

from the approved and built J/2004/1054/F and J/2010/0079 turbines (see Figure 1a).

It is therefore considered that the development will not have an unacceptable adverse impact

upon the residential amenity of nearby properties in terms of noise.

The application was accompanied by a statement from the developer on the potential for shadow

flicker on receptors in the area and concluded that the affected area would be 10 times the rotor

diameter of the wind turbine for 130 degrees either side of north. The rotor diameter is 27.0m

therefore the affected area would be 270m. There are no dwellings within 270m, 130degrees

either side of north so shadow flicker is not anticipated to be an issue at this location.

Appendix 5

Visual amenity and landscape character The site is located on the mid slopes of Knockavoe and is accessed via an existing lane off Curleyhill

Road. Knockavoe is a foothill of the Sperrin Mountains and is within the setting of the Sperrins

when viewed from the west on the A5 Derry to Omagh Road.

The supplementary guidance identifies the site within LCA 29 and characterises it as having an

overall high sensitivity to wind energy development. It states that in the east the skyline is

generally lower and more broken and the main skyline features include Knockavoe and

Owenreagh Hill. Exceptionally fine mountain views characterise the LCA and are an important

element of views east from the A5 Derry to Omagh Road near Strabane. In terms of scenic quality,

land at Knockavoe has been identified as part of the Sperrin Foothills Area of Scenic Quality (ASQ).

The location, siting, layout and design considerations recommend that consideration should be

given to siting turbines on hill flanks where they might be seen against a backdrop of land and care

should be taken to avoid adverse impacts on skylines, views and the visual amenity, recreational

value and wild character of this LCA. Open exposed slopes and ridgelines should be respected and

care should be taken to ensure wind energy developments do not dominate and flatten this

topographically complex landscape.

Visual impact of the proposed turbine and viewpoints:

The proposed turbine will be viewed in close association with two approved and operational

turbines located up slope to the southeast (Figures 3, 4 & 5). The distance between the application

site and these turbines is between approx. 160m and 250m. This results in a visually associated,

contained grouping on this flank of the hill rather than a disparate sprawl of turbines. The

proposed turbine whilst in an elevated location will be sited at a lower level than turbines

J/2010/0131/F and J/2013/0297/F. The proposed turbine measures 30m to hub with a 27m rotor

diameter; total height to blade tip 43.5m. This is a relatively modest sized turbine and its scale is

considered to be acceptable in relation to the landscape setting and when viewed along with the

existing turbines which are of similar heights.

This application was submitted following the withdrawal of application ref: J/2011/0425/F which

was located approx. 30m to the west. The location of J/2011/0425/F could not achieve acceptable

noise limits hence the reason it was withdrawn. However in considering the visual impact of that

turbine, DoE Planning Officials and subsequently the Council Planning Officials considered that the

visual impact was acceptable.

Appendix 5

Approach into Ballymagorry from the north (figure 2)

When travelling south towards Ballymagorry and Strabane along the A5, the proposed turbine

would be visible with existing turbines J/2010/0131/F and J/2013/0297/F in immediate proximity

to the site and one of two turbines at 21 Holyhill road (J/2014/1054/F and J/2010/0079/F); only

one of these turbines is actually apparent from the Ballymagorry approach.

Figure 2: View on the approach into Ballymagorry. The scale of the turbines is exaggerated here

for the purposes of highlighting their positions.

Curley Hill Road (Figure 3)

On approach from the west the existing turbines J/2010/0131/F and J/2013/0297/F in the

immediate vicinity of the site become apparent at the outskirts of the Strabane settlement

development limits. Further off to the south, turbine J/2010/0063/F is also apparent. Views on

this approach are however short range and restricted by topography and configuration of the

road.

Travelling further west along Curley Hill road, J/2010/0131/F and J/2013/0297/F again become

apparent and the application site is viewed with these turbines. In the immediate vicinity of the

Appendix 5

site, there are short range views of it when travelling in both directions along Curley hill road due

to the configuration of the road and local topography (Figure 4.) Figure 5 shows the application

site with approx. position of the turbine annotated and the existing turbines J/2010/0131/F and

J/2013/0297/F.

Figure 3: View of existing turbines on outskirts of Strabane on Curley Hill

Figure 4: View of the existing turbines from Curley Hill Road

Appendix 5

Figure 5: view of the application site (proposed turbine annotated in approx. position) and

existing turbines from the lane accessing the site.

Strabane (ASDA Roundabout) Figure 6

The site is viewed with J/2010/0131/F and J/2013/0297/F on the lower western flank of

Knockavoe. J/2010/0063/F is viewed at some distance further off to the south.

Figure 6: View from roundabout at ASDA showing J/2010/0131/F and J/2013/0297/F and

J/2010/0063/F (positions exaggerated for purposes of indicating their location.

Melmount Road leaving Sion Mills (figure 7)

From this view point the site is seen on the lower western flank of Knockavoe and in association

with turbines J/2010/0131/F and J/2013/0297/F and J/2010/0063/F. The blades of J/2012/0221/F

are narrowly visible above the peak of Knockavoe. Figure 7.

Appendix 5

Figure 7: View from Melmount Road outside Sion Mills

Whilst there will also be localised views of the turbines along the immediate road network

encircling Knockavoe and Craignagore as well as from Artigarvan, Cavanlee and from Liskey Road

when travelling towards Strabane, the views presented here are the most apparent.

On balance, given the location of the proposed turbine on the mid slopes of the hill and the

presence of the existing turbine adjacent to the site, it is not considered that the proposal would

impact upon the visual amenity of this area or the wider setting of the foothills of the Sperrins to

such an extent that it would merit refusal.

Biodiversity, nature conservation or built heritage interests

The site is located in the middle of an upland field. The southern field boundary is approx. 50m

from the tip of the turbine blade, while the northern boundary is approx. 40m from the field

boundary.

The turbine is located the recommended 50m from the southern field boundary which NIEA

considers the minimum distance necessary to ensure the protection of any commuting or foraging

bats. The northern boundary is defined by post and wire fencing and therefore does not provide

a foraging or commuting corridor for bats or a nesting habitat for birds. No issues with wildlife

habitat is anticipated in this area. There are no designated ancient monuments or listed buildings

Appendix 5

in this area. The site is in an arable field and there will therefore be no bog burst or landslip. The

agent has identified that the site is not located in proximity to any water features. The turbine and

its installation is unlikely thereby to impact on any groundwater receptors.

Access Arrangements

The site is on private land to which the public have no access. The site can be accessed along an

existing lane which extends from the Curley Hill road to the field in which the application site is

located. DfI Roads has requested amended plans indicating visibility splays of 2.4m x 85.0m. It is

considered that given the nature of the development which, following the construction phase will

only be accessed infrequently for maintenance purposes, that upgrading the splays is not

required. The lane is clearly already in use for agricultural purposes. There is good visibility on

both sides of the lane where it meets the public road.

Electromagnetic Interference

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

installations, telecommunications equipment, as well as aviation and defence authorities. No

objections have been raised.

11. Conclusion and Recommendation

Having considered the proposal against policy, the objections received and the consultation

responses received, on balance approval is recommended subject to conditions set out below.

12. Conditions

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 wind turbine to be installed shall be a 30m hub height Vestas V27 turbine with a

generating capacity of 225kW and located at Irish Grid Coordinates IGR E236750 N398207

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.

Appendix 5

3. The level of noise emissions 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 values set out in the table 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 by Derry City and Strabane District

Council.

Table 1

Noise

Sensitive Receptor

Wind Speed m/s (Standardised to 10m height)

4 5 6 7 8 9 10 11

Sound pressure level, dBLA90

83&85 Curlyhill

Road

29.1 30 31.1 32.3 33.0 34.4 34.9 35.5

82a Curlyhill Road 29.3 30.2 31.3 32.5 33.3 34.6 35.2 35.8

53 Curlyhill Road 30.8 31.7 32.7 33.9 34.7 36.0 36.6 37.2

3, 4, 5 Towncastle Road

26.0 26.9 28.0 29.2 30.0 31.3 31.9 32.4

11 Towncastle Road

27.5 28.4 29.5 30.7 31.5 32.8 33.4 34.0

91 Curlyhill Rd 26.1 27.0 28.1 29.3 30.1 31.4 31.9 32.5

63 Curlyhill Rd 29.3 30.2 31.3 32.5 33.3 34.6 35.2 35.8

90 Curlyhill Rd 20.8 21.7 22.8 24.2 24.8 26.1 26.7 27.3

LA11/2015/0537/F 27.0 27.9 29.0 30.2 31.0 32.2 32.8 33.4

J/2014/0330/O (Gap Site)

27.2 28.2 29.2 30.5 31.2 32.5 33.1 33.7


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 emissions

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

Appendix 5

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

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.


6. Wind speed, wind direction and power generation data shall be continuously logged by the

developer 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.


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:

1. Any guidance endorsed in National or Northern Ireland Planning Policy or Guidance

at that time, or in the absence of endorsed guidance,

2. Suitable published methodology endorsed as good practice by the Institute of

Acoustics; or in the absence of such published methodology,

3. 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. 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 to turbine erection, testing/commissioning works, emergency works, or construction

work that is not audible at any noise sensitive property.

Appendix 5

9. The permission shall be for a limited period expiring 25 years from the date on which

electricity from the wind turbine is connected to the grid. Within 12 months of the

cessation of electricity generation at the site, or upon the expiration of this permission

whichever is sooner, all structures and access tracks shall be removed and the land

restored in accordance with a scheme to be submitted to and approved by the Council

prior to the commencement of any development, or in accordance with any variation to

the scheme subsequently agreed in writing by the Council.

REASON: To maintain the landscape quality of the area.

10. Prior to the turbine becoming operational, a low intensity, omni-directional, night vision

compatible, steady red obstacle light shall be installed at the highest point on the hub. The

light shall be lit 24hrs a day, seven days a week.

Reason: To warn low flying aircraft that there is an obstacle at this location.

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