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(1) CONSTRUCTION OF (A) ONE ENERCON E138 WIND TURBINE ON AN 81M TOWER WITH AN ELECTRICAL RATING OF 4.2MW AND AN OVERALL TIP HEIGHT OF 149.38 (B) THE WIND TURBINE FOUNDATION, HARDSTANDING AND ASSEMBLY AREA (C) AN ON-SITE 20KV SUBSTATION AND UNDERGROUND ELECTRICAL CABLE (2) DEVELOPMENT OF A SITE ENTRANCE AND AN ACCESS TRACK WITHIN THE SITE (3) ALL ASSOCIATED SITE DEVELOPMENT AND ANCILLARY WORKS

Refused

Core Refusal Reason

Donegal County Council refused permission on the grounds that the proposed turbine was located outside areas identified as 'open for consideration' for wind energy and failed to meet a mandatory 10 times tip height separation distance from residential properties, which the council argued would materially contravene Policy EP-12 and Objective E-O-6.

Decision Maker's Conclusion

  • The Inspector determined that the 10 times tip height setback policy is not a statutory objective as it is currently subject to a Ministerial Direction under Section 31 of the Planning and Development Act 2000.
  • The principle of a wind turbine at this location has been firmly established by a previous grant of permission by An Bord Pleanála (ABP-304198-19), providing a clear planning precedent.
  • The proposed increase in turbine height and rotor diameter is technically justified to mitigate turbulence and is considered acceptable in terms of noise, shadow flicker, and visual impact within the 'moderate scenic amenity' landscape.

Cited Policies (CDP)

Policy EP-12Objective E-O-6Paragraph 6.6 Wind EnergyAppendix 3 Development GuidelinesPolicy E-P-12Objective E-O-1Objective E-O-7Policy EP3Policy EP24Map 8.2.1

Decision Document Summary

The proposal involves the construction of a single 4.2MW wind turbine with a hub height of 81m and a tip height of 149.38m at a site 3.6km north of Killybegs, Co. Donegal. The site is characterized by conifer forestry and is located in an area of 'moderate scenic amenity' where three other turbines already operate nearby. Donegal County Council refused permission based on local setback requirements and zoning; however, the Inspector notes that these specific policies are currently being challeng...
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