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Appendix 16 Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 6 th September 2017 APPLICATION No: A/2011/0516/F APPLICATION TYPE: Full application PROPOSAL: To develop a microhydro electricity generating renewable energy system (5kw) on the adjoining stream on the outskirts of Park, Claudy. Electricity generated will be exported to the grid. LOCATION: Turbine house 50m North West of 10 Altinure Road, Park, Claudy. Intake structure 330m south south east of Turbine House. APPLICANT: Mr Sam Ritchie AGENT: HYDRONI ADVERTISEMENT/STATUTORY EXPIRY: 03.10.2011 - 26.10.2011 RECOMMENDATION: Approve REASON FOR PRESENTATION TO THE COMMITTEE: This application has been referred to the Planning Committee by the Head of Planning and Chair of the Planning Committee. The application has been previously deferred by this Committee for further consultation with NIEA on receipt of late objection. 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 The proposal is for installation of a Cross flow turbine. This will involve construction of new intake collection chamber and weir across the stream complete with a sediment trap and sluice gate. Approximately 335m buried pipeline will run from here through open fields and across the concrete laneway to a newly constructed turbine house located within the farmyard and between the farm buildings. The water will then be discharged/returned to the stream. 2. EIA Determination This application has been screened by Council and is considered to fall under schedule 2 Part 3 (i) of The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015. It has been concluded that an Environmental Statement is not required. 3. Site and Surrounding Area The site is located south of Altinure Road. This area is rural in nature and characterised by dispersed single dwellings and farm holdings. The site is located within an area of open countryside as identified in Derry Area Plan 2011.

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Page 1: Derry City and Strabane District Council Planning ...meetings.derrycityandstrabanedistrict.com/documents...RECOMMENDATION: Approve REASON FOR PRESENTATION TO THE COMMITTEE: This application

Appendix 16

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 6th September 2017

APPLICATION No: A/2011/0516/F

APPLICATION TYPE: Full application

PROPOSAL: To develop a microhydro electricity generating renewable energy system (5kw) on the adjoining stream on the outskirts of Park, Claudy. Electricity generated will be exported to the grid.

LOCATION: Turbine house 50m North West of 10 Altinure Road, Park, Claudy. Intake structure 330m south south east of Turbine House.

APPLICANT: Mr Sam Ritchie

AGENT: HYDRONI

ADVERTISEMENT/STATUTORY EXPIRY: 03.10.2011 - 26.10.2011

RECOMMENDATION: Approve

REASON FOR PRESENTATION TO THE COMMITTEE: This application has been referred to the Planning Committee by the Head of Planning and Chair of the Planning Committee.

The application has been previously deferred by this Committee for further consultation with NIEA on receipt of late objection.

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

The proposal is for installation of a Cross flow turbine. This will involve construction of new intake collection chamber and weir across the stream complete with a sediment trap and sluice gate. Approximately 335m buried pipeline will run from here through open fields and across the concrete laneway to a newly constructed turbine house located within the farmyard and between the farm buildings. The water will then be discharged/returned to the stream.

2. EIA Determination

This application has been screened by Council and is considered to fall under schedule 2 Part 3 (i) of The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015. It has been concluded that an Environmental Statement is not required.

3. Site and Surrounding Area

The site is located south of Altinure Road. This area is rural in nature and characterised by dispersed single dwellings and farm holdings. The site is located within an area of open countryside as identified in Derry Area Plan 2011.

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The site is within LCA 30 Sperrin Foothills as per the SPG to accompany PPS18 ‘Wind Energy Development in Northern Ireland’s Landscapes’. The site is also located within the Sperrin Area of Outstanding Natural Beauty.

Site Location Plan

The site consists of a small rectangular parcel of land in the south of the site at the intake point on the stream which will then run northwards to another rectangular portion of land at the turbine house at

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the farm yard. The site is located approximately 3km west of the village of Feeny and 8km west of Claudy.

Aerial view of site

Turbine house plans

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Site sections and pipe layout

4. Site Constraints

The following constraints apply as the site lays within or adjacent;

Loughs Agency Consultation Zone Rivers Agency Consultation Zone The Sperrin AONB Landscape Character Area 30 – Sperrin Foothill Hydrologically linked to River Faughan SAC

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5. Neighbour Notifications

6. Relevant Recent Planning History

APP REF PROPOSAL SITE ADDRESS DECISION DATE

A/2004/1047/RM Proposed dwelling and detached garage

Opposite 11 Altinure Road, Straid, Londonderry

Permission Granted

14.02.2005

A/2003/0258 Site for 6 no. 35 meter high wind generators

Land to the rear of no 8 Altinure Road.

Invalid Application

09.04.2003

6a. – Live hydroelectric applications currently on River Faughan and tributaries.

Reference Number

Proposal Address Comment

A/2011/0219/F Proposed installation of an Archimedes screw hydro-electric turbine including fish pass, modifications to existing intake, alterations to existing mill race and construction of a new turbine house

lands adjacent to 41 Lower, Ballyartan Road Lettermuck Claudy Londonderry BT47 3SY

This is a retained application by DFI, currently under consideration.

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Appendix 16

7. Policy Framework

Regional Development Strategy for Northern Ireland 2035Derry Area Plan 2011Strategic Planning Policy Statement for Northern IrelandPlanning Policy Statement 2: Natural Heritage Planning Policy Statement 3: Access, Movement and ParkingPlanning Policy Statement 21: Sustainable development in the CountrysidePlanning Policy Statement 18: Renewable EnergyBest Practice Guidance to Planning Policy Statement 18: Renewable Energy

8. Consultee Responses

Department of Arts Culture and Leisure (DCAL): Given the hydrological links to the River Faughan, concerns have been raised over the population of resident and migratory salmonid fish and eels and their conservation and biodiversity value which can be adversely affected by dewatering as a result of abstraction. Therefore they point out that abstraction volumes should not result in damage to the fisheries ecology in the depleted stretch of river or impede fish passage and migration. Conditions, if the proposal is approved have been supplied.

A/2011/0533/F Proposed installation of a fish pass to existing weir. Application associated with application (A/2011/0219/F) proposed Archimedes screw hydroelectric turbine.

lands adjacent to 41 Lower, Ballyartan Road Lettermuck Claudy Londonderry BT47 3SY

This is a retained application by DFI, currently under consideration.

A/2011/0242/F To reinstate a hydroelectric, renewable energy system on the Faughan river using an existing weir, restored mill race and installation of a fish friendly Archimedes screw turbine. Capacity 109 KW.

To rear of 73 Glenshane Road Drumahoe.

Withdrawn 13/2/17

A/2011/0516/f To develop a microhydro electricity generating renewable energy system (5kw) on the adjoining stream on the outskirts of Park, Claudy. Electricity generated will be exported to the grid.

Turbine house 50m north west of 10 Altinure Road Park Claudy. Intake structure 330m south south east of Turbine House.

Current Proposal

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Department of Agriculture and Rural Development (DARD) Fisheries: They have reviewed the proposal from an aquaculture aspect and are content that it does not impact on any DARD inspected sites. They have provided an informative.

Loughs Agency: This consultee have expressed concerns regarding the number of hydro schemes across their jurisdiction alongside other points of concern. They have also provided a standard informative.

NIEA Water Management Unit (WMU): WMU have no objection in principle subject to all the all the relevant statutory permissions being obtained. They have provided conditions and informatives.

NIEA Natural Heritage (NH): They have noted that the application site falls within a wooded river valley with mature native species trees. Provided these are retained no they have no concerns in that respect. They have also pointed out that existing agricultural buildings alongside the river valley provide habitat for foraging bats. Again if these features are retained they are satisfied there will be no adverse impact. Following amended plans which show the trees to be retained NH are content. Both requirements can be conditioned. NH have requested flow measurements given the location of the site close to the River Faughan and Tributaries Special Area of Conservation (SAC) so that the abstraction licence can be granted by Water Management. A Fisheries Assessment was subsequently submitted on 5th November 2012 however NH concluded that further information was required in order to carry out the Habitats Regulations Assessment (HRA). This information has been submitted, and the HRA has been completed. They have requested through condition that the final Construction and Environmental Management Plan (CEMP) be submitted prior to the commencement of development alongside other conditions and informatives.

Shared Environmental Services (SES): SES requested a construction method statement (CMS) in order to carry out a further HRA given their introduction to the application post reform in April 2015. They have concluded that the proposal will not have an adverse effect on any European site. They have also provided a condition with regards to the CEMP.

9. Representations Consideration

Four letters of objection to the development have been received to the proposal, from the River Faughan Anglers. They had raised concerns regarding;

The processing/length of time processing the application. The absence of the EIA determination on the planning portal. The link the proposal has to the River Faughan and Tributaries SAC. The lack of detail in respect of ENV 7 within the Derry Area Plan 2011

Whilst it may have appeared that there was a delay in the processing of this application, this proposal is constrained by the granting of an Abstraction Licence (AL). The EIA Determination was completed within 4 weeks of submission of the application and has been uploaded to the Planning portal. The objector has recently been advised of this.Detail with regards to the third point of the objection will be discussed within in the report.

The objection letter submitted on the 5th March 2017 made several points in relation to the proposal.

Concerns that all the information relative to the consideration of this proposal had not been uploaded to portal

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Concerns in respect of the discharge of condition, post approval, requiring a final construction and environmental management plan (CEMP). Objector concerns that RFA would not have sight of this document in order to comment upon it.

Detailed concerns in respect of ENV 7 and the level of information required to accurately assess tree removal and impact upon protected species.

The detail of these objection points have been considered in relation to existing planning policy.

All relevant information has been uploaded to the planning portal.

In relation to the post approval discharge of condition, the principle of development ois established through this application, the conditions attached must pass the appropriate tests (necessary; relevant to planning and; to the development to be permitted; enforceable; precise and; reasonable in all other respects). The conditioning of a CEMP to be submitted post approval is normal planning practice, this condition also meets the appropriate test and has been agreed with the appropriate statutory agencies.

Upon receipt of the objection letter the agent was asked to clarify the accuracy of the originally submitted survey (drawing 3) which indicated limited vegetation removal to facilitate the pipestock. The agent confirmed that this drawing was not an up to date accurate depiction of vegetation on site and undertook to re-survey the site. The new drawings 02 Revision 01 (3rd May 2017) represent a fully accurate description of the vegetation which is likely to be affected by the pipestock. Shared Environmental Services and NIEA were reconsulted with this drawing and asked to consider the submitted objections. Neither agency raised any critical issues. The objector (River Faughan Anglers) have been notified of the additional plans and chose not to make further comment.

10. Planning Assessment and Other Material Considerations

Section 6 (4) of the Planning Act (Northern Ireland) 2011 requires Council to make planning decisions in accordance with the Local Development Plan unless other material considerations indicate otherwise. The site is located in the countryside, outside any settlement as defined in the Strabane Area Plan. The Strabane Area Plan has no policies for wind farm development in the countryside.

The provisions of the Strategic Planning Policy Statement for Northern Ireland (SPPS) are a material consideration. This policy document sets out the transitional arrangements that will operate until Council has adopted a Plan Strategy for the whole of the council area. During this transitional period Council will apply the SPPS and retained planning policy statements. In addition to the Strabane Area Plan and SPPS the relevant policy context to be considered is also contained within:

• Planning Policy Statement 2 – Planning and Nature Conservation

• Planning Policy Statement 3 – Access, Movement and Parking (Revised)

• Planning Policy Statement 6 – Planning, Archaeology and the Built Heritage

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Appendix 16

• Planning Policy Statement 18 - Renewable Energy (PPS18)

• Planning Policy Statement 21 - Sustainable Development in the Countryside (PPS21)

• Supplementary planning guidance is also set out in the ‘Best Practice Guidance to PPS18 Renewable Energy’ BPG and ‘Wind Energy Development in Northern Ireland Landscapes’ (SPG) published by the Northern Ireland Environment Agency (NIEA).

The Regional Development Strategy (RDS)

This sets out the guidelines for development of Northern Ireland until 2035. Strategic policy guidance is provided through Regional Guidance (RG) which applies to the region as a whole and Spatial Framework Guidance (SFG) which is tailored to specific areas that make up the spatial framework of Northern Ireland.

Regional Guidance (RG) material to the consideration of this application includes the following:

RG5: Deliver a sustainable and secure energy supply and in doing so increase the contribution that renewable energy can make to the overall energy mix.

RG9: Reduce our carbon footprint and facilitate mitigation and adaption to climate change whilst improving air quality through a number of measures. These include increasing the use of renewable energies and minimising development in areas at risk from flooding from rivers.

RG11: Conserve, protect and, where possible, enhance our built heritage and our natural environment.

Spatial Framework Guidance (SFG) particular to this application includes the following:

SPG13: Sustain rural communities living in smaller settlements and the open countryside and in doing so facilitate the development of rural industries, businesses and enterprises in appropriate locations.

The Strategic Planning Policy Statement (SPPS) for NI - Planning for Sustainable Development: This is a material consideration and supersedes PPS 1 General Principles. This new policy statement is the context by which planning applications will be assessed and determined.

Para.2.3 - 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.

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.

Derry Area Plan 2011

Policy ENV 7: Retention of Trees and Hedges and Landscape Requirements. This states that development proposals will be expected to take account of existing trees and hedges which in the

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Appendix 16

interests of visual amenity or wildlife habitat should be retained. Proposals will be expected to provide appropriate landscaping as an integral part of the design.

Policy ENV 8: The Water Environment. This policy points out that development which is likely to introduce or increase water pollution to an unacceptable extent or adversely alter the water levels in any body of water, watercourse or groundwater will not be permitted.

Planning Policy Statement 21 - Sustainable Development in the Countryside:

Policy CTY 1 states that ‘There are a range of types of development which in principle are considered to be acceptable in the countryside and that will contribute to the aims of sustainable development.’ One of these is ‘renewable energy projects’ in accordance with Planning Policy Statement 18 (PPS 18) ‘Renewable Energy’.

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

This provides detail for development that generates energy from renewable resources, and any associated buildings and infrastructure. The Policy states that development will be permitted provided it 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

e) public access to the countryside

In line with the planning policy above, the main planning considerations that to be taken into account in determining this application are detailed in the relevant policy listed above. Specifically account must be taken of:

Residential Amenity & Public Safety; Visual amenity and Landscape Character; Biodiversity/Nature Conservation/Built Heritage & Local Natural Resources; Access Arrangements; Environmental, Economic and Social Benefits.

Residential Amenity & Public Safety

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As a new property has been recently erected in the field adjacent the site, this neighbour has been notified as above. Environmental Health Department (EHD) have been consulted given the proximity of this dwelling to the Turbine House. They have concluded that given the rural nature of the proposal and location of the proposed turbine house within a working farm yard, it is unlikely the development will affect the residential amenity of any neighbouring properties in terms of noise.

Additionally, the turbine house will be predominantly un-manned therefore there are no issues of overlooking, and given its moderate height of approximately 3.6m and location to the rear of mature trees, there will be no loss of light.

In terms of Public Safety, the proposed turbine house and associated works are located within blue land of the applicant which is farm land which is fenced off from the surrounding farm land/nearby properties. It is therefore generally not accessed by members of the public. Fishermen may access the watercourse however given the nature of the weir, I am satisfied that there is no further risk to their health and safety than what would exist presently. The proposal will have no significant detrimental impact on residential amenity or public safety and meets the relevant policies within the Strategic Planning Policy Statement and Planning Policy Statement 18.

Visual Amenity & Landscape Character

The site is located in the Sperrin Area of Outstanding Natural Beauty (AONB) is therefore PPS 2 is a consideration. Such designations are designed to protect and enhance the quality of the area and to promote its enjoyment by the public, and therefore development proposals must be sensitive to the distinctive character of the area and the quality of their landscape.

The supplementary guidance identifies this area as Landscape Character Area 30 - Sperrin Foothills. It is described as a varied rounded landform /foothills with deep valley systems and waterfalls. There are varying land covers, from wooded valleys to rolling farmland. It is noted that sand and gravel occurs on the edge of some river valleys. The scenic value of this LCA is described as outstanding, particularly amongst the river valleys.

The turbine house associated with this proposal is to be located on the applicants’ farm land adjacent the existing farm sheds, and has a footprint of approximately 20m2. It will have a pitched roof with a ridge height of approximately 3.6m. It will be finished with blue/black slate tiles with smooth painted render walls and PVC windows and a timber door. The remainder of this proposal will be piped underground and is in the form of an intake chamber and weir in the river. Whilst this proposal is surrounded in a minor road network, it is very rural and combined with the undulating topography and mature trees, the only views of the turbine house will be at short range and limited when travelling along a small stretch of Altinure Road as can be seen below.

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Appendix 16

View from Altinure Road towards proposed location of Turbine House

This is the only element of the scheme that will be visible given the underground nature of the piping and the weir being located within the waterway. It is also traditional in finish and of a small scale therefore will be suitable in this rural location. Also, with regard to the properties location within the AONB I am content that the design is sensitive and respects the character of this rural area. The proposal will not have a significant detrimental visual impact on the Sperrin Foothills LCA 30. I am also content that it meets the policy provisions of RG 11, SPG 13, the SPPS, PPS 21, and Policy RE1 of PPS 18.

Biodiversity / Nature Conservation / Built Heritage / Local Natural Resources

The site is hydrologically connected to the River Faughan and Tributaries Special Area of Conservation (SAC) and Area of Special Scientific Interest (ASSI). As a result, the following bodies have been consulted and their comments are summarised as follows;

NIEA Water Management Unit (WMU) have advised that the proposal requires an Abstraction Licence. The applicant has been granted this Licence by NIEA (16/06/2016). WMU have also pointed out the potential for pollution of the waterway from oil, fuel, suspended solids, concrete, cement and grout during both construction and operation of the project. As a result they have requested that the contractor/designers liaise with them to help mitigate against any risks of pollution and strictly adhere to the submitted. This will be attached to the decision notice as a condition of approval.

Furthermore, NIEA Natural Heritage reviewed by Shared Environmental Services (SES) they have carried out a Habitats Regulations Assessment (HRA) which assess the effects of the development on the integrity of the River Faughan and Tributaries SAC/ASSI. Following adherence to the construction method statement and other mitigation measures, they are content that the information provided in the 2012 Fisheries Assessment satisfactorily demonstrates that there will be no loss of fisheries habitat and no impact on salmonids and other species and that the normal ecological function of the stream will be maintained in the dewatered stretch, thus fish passage should not be compromised in the dewatered stretch.

Therefore, both NIEA Natural Heritage and SES have concluded that there will be no adverse effect on the integrity of the River Faughan and Tributaries Special Area of Conservation and Area

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Appendix 16

of Special Scientific Interest. As such the proposal is in compliance with Planning Policy Statement 2 This conclusion is subject to conditions which will be attached to any approval of this proposal.

NIEA Natural Heritage have also provided comment with regard to the impact of the proposal on protected species, namely foraging bats. The amended plans show retention of the mature trees, hedgerows and existing farm buildings and as a result they are content that the proposal will be unlikely to adversely impact on this species.

DCAL Inland Fisheries Group are a non-statutory consultee which have also provided comments regarding the proposal specifically with regard to the populations of resident and migratory salmonid fish species and eels which are supported by the stream. They have pointed out that dewatering and abstraction of watercourses by hydro-electric developments such as the proposal can have the potential to alter the fisheries ecology within the depleted stretch of water if fish intakes are not adequately screened and if water abstraction velocities through the abstraction point exceed maximum fish swimming speeds. Following an agreed Abstraction Licence, DCAL have highlighted the relevant legislation and require that the applicant applies directly to DCAL should they require to be exempt from any of these. In addition DCAL note that all in river works should be restricted to the months of May to September inclusive. All of the above will be a condition of any approval.

Loughs Agency have electro-fished the stream at 4 sampling stations in October 2012 and at that time no fish were recorded. However, they have expressed concerns regarding the number of hydro schemes across their jurisdiction alongside other points of concern. These include:

The appropriate abstractions and impoundment licence under The Water Abstraction and Impoundment (Licensing) Regulations (Northern Ireland) 2006;

The appropriate exemptions and screening arrangements in accordance with the Fisheries Act (Northern Ireland) 1966;

The appropriate fish passage system approved by Department of Culture Arts and Leisure Inland Fisheries Division in accordance with the Fisheries Act (Northern Ireland) 1966 that includes a specific system of Eel and Lamprey passage;

A clear evaluation of the effects on Special Area of Conservation by the completion and publication of an appropriate assessment under the Habitats Regulation completed by a qualified fishery expert;

A fishery impact assessment and proposed mitigation plan; A clear flood risk evaluation; Clear separation of all fish from any moving parts of the hydroelectric apparatus; An appropriate permit under Article 46 of the Foyle Fisheries Act N. Ireland 1952; A clear time frame for the completion of the project.

A Fisheries Assessment has also been submitted by the applicant, dated 10th January 2013, details the fisheries and ecological information relating to the stream as well as the impacts the proposal may have. The stream was assessed through a walkover survey. Nevertheless, Loughs Agency in their most recent response, dated 16th May 2016, have reiterated their concerns.

As detailed previously, the applicant has been granted their abstraction licence, and DCAL have considered the proposal and are content that it does not adversely affect fish passage. The plans show that at the intake point a screen will re-direct the fish back into the stream away from the penstock to the turbine, and that a level sensor linked to the turbine will regulate the flow of water through the turbine and ensure that residual flow is maintained in the stream which will protect the aquatic environment. The HRA has been undertaken by NIEA, and SES are content that.

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The applicant in the construction method statement has estimated that the project will take approximately 4 months. As discussed previously, submission of a final construction method statement will also be conditioned for consideration and approval prior to the commencement of development. Having considered the above, alongside the HRA (Stage 1 and 2) as carried out by NIEA and supported by SES and in view of the construction method statement supplied by the applicant. I am satisfied that whilst there may be the potential for some disruption to fish populations which has been raised by Loughs Agency and DCAL, the applicant will be required to put in place sufficient measures to mitigate against these issues to a level which is considered not to have an unacceptable significant impact on the integrity of the River Foyle and Tributaries SAC, and which will also protect the fish and otter species in terms of pollution, breeding, passage through the weir and dewatered stretch of river during and after construction.

The points raised by the objector were considered and the need for further consultation in respect of the issue of tree and hedge removal in relation to the development has been addressed. The agent has provided a full, accurate survey of the vegetation on site and gave an accurate assessment of materials and vegetation to be removed. NIEA and SES were then reconsulted in relation to the new drawings and the objectors comments, both agencies cleared the proposal. It is considered that the vegetation removal in relation to the pipestock is minimal and as such the proposal is compliant with ENV7 of the Derry Area Plan.

Therefore, with regard to the above, I am satisfied that the proposal complies with Regional Guidance Policy 11, Derry Area Plan 2011, Planning Policy Statement 2, the SPPS and the policy tests as set down in Policy RE 1 of PPS 18.

Access Arrangements

The proposal will utilise an existing access to the farmyard. In terms of increased traffic movements in and out of the proposed application site it is envisaged the main movements will be during construction (approximately 4 months) and that ongoing maintenance will take place by the site owner who works at the farm daily. Therefore the existing access is considered acceptable as the increased traffic to the site during construction is not a significant intensification. Therefore the proposal is in accordance with Policy AMP 2 of PPS 3, and Policy RE 1 of PPS 18.

Environmental, Economic, Social Benefits

The proposed cross flow hydro turbine will generate electricity annually which will be linked to the grid to supply homes. This proposal brings environmental benefits in that it can reduce C02 emissions. The agent has advised that the energy produced within the scheme will be utilised to support the applicants chicken sheds which are located at the main farm yard. Therefore, in assessment of the above mentioned matters, the proposal will comply with Policy RG 5, RG 9, the SPPS, PPS 21 and Policy RE 1 of PPS 18 in that it is a renewable form of energy production which whilst providing financial gain for the applicant through supply to the grid, will also provide employment through construction, and will not adversely affect the integrity of the River Foyle and Tributaries SAC to an unacceptable level.

11. Conclusion and Recommendation

Having considered all material considerations, including the development plan, relevant planning policies, surrounding planning history, consultations, and additional reports, it is considered this proposal will not affect the amenity of the residents of any surrounding properties, and due to its

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Appendix 16

nature will not cause any public safety concerns. Furthermore, given the predominantly buried nature of this proposal it would not have any significant visual impacts on the landscape character at this location. It is also considered that the proposal will not have an unacceptable significant impact on the integrity of the River Foyle and Tributaries SAC. Whilst the proposal is hydrologically linked to the SAC, it is also accepted that this site sits outside of the defined SAC, proposed measures are to mitigate against any potential impact on features within the SAC, are set out within the appropriate mitigation.

In terms of access, the laneway and access to the site is already in existence. Finally, environmentally this proposal will contribute to the reduction of C02 emissions by providing a sustainable method of supplying electricity to the grid, therefore contributing to government targets for renewable energy production.

Therefore the recommendation is to approve planning permission for the proposed hydroelectric scheme subject to conditions set in section 12.

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. All in river works are restricted to between the months of May – September inclusive.

Reason: To protect water quality and salmonid habitat.

3. The applicant must strictly adhere to the Construction Method Statement (CMS) submitted to the Planning Authority on the 1st March 2016, as part of this planning application.

Reason: In the interests of environmental protection.

4. The final Construction Environmental Management Plan must be submitted to the Planning Authority no less than four weeks before the commencement of any works or development. This shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the Planning Authority. This should include:

Details of all proposed construction activities including detailed methodology for each phase of the works e.g. excavation works, construction of temporary coffer dam, low weir, intake, sluice gate, penstock, turbine installation.

Details of the mitigation measures and pollution prevention measures to be employed during the construction and operational phases.

Environmental Risk Assessment to include all information stated in the Construction Method Statement (Section 1.3) including a silt and sediment management plan.

Regular inspections of machinery onsite. Emergency spill procedures in place e.g. oil spill kit, silt traps, floating boom available on

site. Specification relating to the management of the coffer dam as follows. The coffer dam shall be de-watered prior to use of wet concrete onsite and all water contained thereafter shall be collected for treatment prior to disposal. At no point shall water be

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Appendix 16

discharged from the site into the watercourse during construction. The sealed bags should be removed from the cofferdam structure in a gradual phased approach to minimize the risk of disturbance and to reduce the risk of sediment that has settled underneath the bags being exposed and entering the river flow. If the contractor is to lay the pipeline it should also identify measures to prevent any risk of pollution during these works.

Reason: To prevent the risk of pollutants affecting salmon, a site selection feature of River Faughan and tributaries SAC

5. A designated buffer of at least 10 meters must be maintained between the location of refuelling, storage of oil/fuel (in a securely bunded facility), concrete mixing and washing areas, storage of machinery/material/spoil etc and the watercourse.

Reason: In the interests of environmental protection.

6. The barrier shall be de-watered prior to use of wet concrete onsite and all water contained thereafter shall be collected for treatment prior to disposal. At no point shall water be discharged from the site into the watercourse during construction. The sealed bags should be removed from the cofferdam structure in a gradual phased approach to minimize the risk of disturbance and to reduce the risk of sediment that has settled underneath the bags being exposed and entering the river flow.

Reason: In the interests of environmental protection.

7. The existing trees and native hedgerows shall be retained as shown in drawing no. 02 revision 01 date stamped 3rd May 2017.

Reason: to protect the habitat of foraging bats.