Appendix 13

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 5th April 2017

APPLICATION No: LA11/2015/0347/F

APPLICATION TYPE: Full Application

PROPOSAL: Erection of a single wind turbine 30m hub height with 16.5m blades, associated access and two number electricity cabinets

LOCATION: Lands 465m North West of 20 Heather Road

APPLICANT: Mr G Foster

AGENT: Strategic Planning

ADVERTISEMENT: 30/7/15

STATUTORY EXPIRY: 19/8/15

RECOMMENDATION: REFUSE

REASON FOR PRESENTATION TO COMMITTEE: Wind Turbine / Recommendation to Refuse

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 150kW wind turbine with a hub height of 30 metres and 33 metre rotor

diameter giving an overall height of 46.5 metres to blade tip. There will also be associated access

and two electricity cabinets associated with the development.

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.

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3. Site and Surrounding Area

Site location plan

The site proposed is currently in use as agricultural grazing land located off the Heather Road. The

site is accessed to the side of existing agricultural buildings that sit on Heather Road by an existing

farm laneway serving access to the applicant’s farmland. The site itself is cut out of a larger field

with no boundary definition. The site lies on the eastern slopes of the Creevagh Hill within LCA32

Derry Slopes which is located in the open countryside and outside the development limits of Derry

City as defined in the Derry Area Plan 2011.

The site is not located within an Area of Outstanding Natural Beauty or any area indicated within

the Area Plan as being of particular conservation or amenity value. However, assessment of the

visual impact of wind energy development is not restricted to designated landscapes. Policy RE1

states that the supplementary planning guidance 'Wind Energy Development in Northern Ireland’s

Landscape’s' will be taken into account in assessing all wind turbine proposals. Each landscape has

a different capacity for accommodating wind energy development.

Figure 1 : Aerial view of site (position of turbine shown)

4. Site Constraints

The application site has no specific site constraints

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5. Neighbour Notification Report

There were no neighbours notified as there are no residential properties within 90 metres of the

red line.

6. Relevant Site History

There are a number of planning applications for single wind turbines in the vicinity of the

application site as well as applications for single turbines which have been recommended for

refusal and subsequently withdrawn. There was a previous application A/2010/0630/F on the site

which was recommended for refusal and subsequently withdrawn.

Figure 2 : Location of proposed wind turbine (shown in blue) and nearby applications and refused wind turbines

Applications recommended for Refusal- subsequently withdrawn

1. A/2010/0386/F- 45m turbine- 140m north west of 12 Heather Road, Creevagh Upper, Derry- recommended refusal on PPS18 visual amenity and airport safeguarding- Withdrawn May 2012

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2. A/2010/0630/F-45m turbine- 80m north east of 14 Heather Road, Upper Creevagh, Derry- recommended refusal on PPS18 visual amenity and airport safeguarding – Withdrawn May 2012

Wind Turbines in the vicinity

3. A/2014/0558/F- 30M turbine- refusal recommended- detrimental to visual amenity, contrary to PPS2- in an area of protected heath, no noise information submitted. Affecting the conical surface for airport safety- Council had requested this to be reduced to 15m. To date the agent has not submitted an amended scheme for consideration.

4. A/2014/0567/F- 30M turbine- refusal recommended, contrary to PPS18- visual impact.

5. LA11/2015/0579/F- 30M turbine, still under consideration

7. Policy Framework

Regional Development Strategy for Northern Ireland 2035

Derry Area Plan 2011

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- Noise report was requested from the agent on the 19th August 2015 but

no information was submitted. Agent indicated in a phone conversation in August 2016 and again

in March 2017 that no further information would be submitted on the application.

Transport NI had requested a transport form to be filled out and had requested an accurate and

detailed site survey, this was requested from the agent but has not been submitted

Ofcom, Westica, NI Water Windfarms, Belfast Airport and Ministry of Defence’s Safeguarding

Department have no objections to the development.

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NIEA – Concern with likelihood of bats as the turbine is near existing hedgerows. Spoke with agent

in March 2017, no further information will be submitted

SES-The potential impact of this proposal on Special Protection Areas, Special Areas of

Conservation and Ramsar sites has been assessed in accordance with the requirements of

Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland)

1995 (as amended). The proposal would not be likely to have a significant effect on the features

of any European site.

City of Derry Airport- Response states that this proposed turbine would affect the radar for the

airport. The agent has quoted a previous appeal (2013/A0027) where the radar issue was

overcome as there was no set date specified for the radar to be implemented and it was

determined that the turbine proposed could not be withheld because of future proposals.

9. Representations Consideration

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

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10. Planning Assessment and Other Material Considerations

Figure 3 : Proposed elevations

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 outside the development limits of Derry City as identified in the Derry Area

Plan 2011 and is within LCA 32, Derry Slopes, as identified in the document Wind Energy

Development in Northern Ireland’s Landscapes. This proposal has therefore been assessed

against the policy framework and all other material considerations including consultation

responses and the planning history of the site and surrounding area. Telecommunications masts

and installations are a predominant feature in this setting.

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:

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Public Safety / Residential Amenity

It is unlikely the development will pose a public safety issue. 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 are two dwellings within the 330m of the proposed turbine to the North of the site.

Whilst there are some farm outbuildings in between and this may shield the dwellings at times

from Shadow Flicker, no report has been received from the agent to demonstrate to what impact

they will or will not be affected.

The applicant has not submitted a noise impact assessment with regards to potential noise levels

associated with the development and impact on nearby residential properties. No third party

objections have been received to date. The applicant has failed to demonstrate that there would

not be a detrimental impact on nearby residential properties by reason of noise impact and

shadow flicker.

Visual Amenity & Landscape Character

The supplementary planning guidance (SPG) identifies LCA 32 as having a high to medium

sensitivity to wind turbine development. This LCA’s gateway role and proximity to the historic city

of Derry and the Foyle increases its sensitivity to wind energy development, which could be highly

visible. These western slopes frame the city and provide a scenic landscape setting.

However, the undulating slopes and urban fringe areas, particularly where already affected by

man-made influences, might be somewhat less sensitive to development that is carefully sited

and appropriate in scale. The SPG expands on this and states that the undulating hills are located

in the southern section of the LCA. I believe that this is referring to the low lying hills around the

settlements of Killea and Nixon's Corner. This site would not lie within this area. The site lies on

the higher slopes in and around Killea Hill and Creevagh Hill.

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View 1

In terms of assessing the likely visual impact of the proposal a number of viewpoints have been

considered. View 1 is taken from south west of the site in the St. Johnston area of the ROI. This is

a long range view taken from various points to the south west of the site. From this view the site

appears to be on the higher part of the slopes between Killea Hill and Creevagh Hill. Given the

site's location it would be my opinion that a turbine of the height proposed will appear above the

hill and result in skyline development.

Viewpoint 2 taken from south east of the site, from the east side of the river Foyle (Woodside

Road). Again these are long range views. Given its location, a turbine of the scale proposed will

appear as skyline development.

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Viewpoint 3 is taken from across the River Foyle at the top of the hill, however this is taken from

a closer range. The turbine whilst having a partial backdrop of the hill behind will still be highly

visible in the landscape from this location.

Viewpoint 4 is taken at the entrance to the multi-storey at Ebrington. From this viewpoint at

Ebrington, a major tourist attraction for the city, any turbines on these upper Derry Slopes will

read with the Historic City. From the Ebrington site on the east bank of the River Foyle the turbine

will be particularly visible.

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Viewpoint 5 is the local view taken to the east of the site on Heather Road. From this viewpoint

the turbine will be fully visible but this will be a roadside view

Given the scale of the proposed turbine, the location, its apparent lack of screening or backdrop,

it is my opinion that the turbine would have an adverse impact on the visual amenity and

landscape character of the surrounding countryside and the setting of the city. Overall I

recommend that the proposal is contrary to Policy RE1 of PPS 18.

The applicant was asked to provide a visual assessment of the proposal taking into account the

nearby existing and approved wind turbine developments but the applicant declined to provide

this information.

A noise report and a shadow flicker report were also necessary to determine if there would be an

effect on any nearby properties, these have not been submitted and the agent has indicated in

March 2017 that these will not be undertaken.

Whilst I acknowledge that the proposed turbine is of a smaller scale with a 30 metre hub and will

be set at a lower level on the slopes of the ridge as opposed to the summit, its impact on the

cityscape would have a significantly detrimental impact upon the visual amenity and character of

the landscape. In this respect, the proposal is contrary to the SPPS and Policy RE 1 of PPS 18.

Biodiversity / Nature Conservation / Built Heritage / Local Natural Resources

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.

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Access Arrangements

The proposed turbine will use the existing access off Heather Road which currently serves the

existing farm . Transport NI had requested the completion of a transport form and further details

to be submitted. The applicant declined to submit any of this information.

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.

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. The applicant has not

highlighted any such benefits which would outweigh the potential for adverse impacts upon the

visual amenity and character of the surrounding landscape.

11. Conclusion and Recommendation

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

recommended.

12. Refusal Reasons

1. The proposal is contrary to the Strategic Planning Policy Statement for Northern Ireland:

Planning for Sustainable Development and Policy RE 1 of Planning Policy Statement 18:

Renewable Energy, in that the development will have an unacceptable adverse visual impact

on the countryside and wider cityscape.

2. The proposal is contrary to Strategic Planning Policy Statement for Northern Ireland: Planning

for Sustainable Development and Policy RE 1 of Planning Policy Statement 18: Renewable

Energy, Policy RE 1 in that the applicant has failed to demonstrate that there would not be a

detrimental impact on nearby residential properties by reason of noise impact and shadow

flicker.

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