EIA Scoping Direction 3208218: Proposed Alwen Forest Wind Farm
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DNS: EIA Scoping Direction 3208218: Proposed Alwen Forest Wind Farm 27/09/2018 1 DNS: EIA Scoping Direction 3208218 Contents 1. Introduction .................................................................................................... 2 2. Site Description ............................................................................................... 3 3. History ........................................................................................................... 3 4. Proposed Development ..................................................................................... 3 5. Consultation .................................................................................................... 4 6. Environmental Impact Assessment Approach ....................................................... 5 6.1 Environmental Statement Structure ................................................................. 5 6.2 Reasonable Alternatives ................................................................................. 6 6.3 Flexibility ..................................................................................................... 6 6.4 Cumulative Effects......................................................................................... 6 6.5 Residual and Synergistic Effects and Mitigation ................................................. 7 6.6 Transboundary Effects ................................................................................... 7 7. Environmental Impact Assessment Topics ........................................................... 8 7.1 Ecology (including Ornithology) – Scoped In ..................................................... 8 Ornithology ........................................................................................................... 9 7.2 Landscape and Visual – Scoped In ................................................................. 10 7.3 Hydrology, Geology and Hydrogeological – Scoped In ...................................... 11 7.4 Historic Environment (Cultural Heritage) – Scoped In ...................................... 11 7.5 Traffic and Transport – Scoped In.................................................................. 12 7.6 Noise – Scoped In ....................................................................................... 12 7.7 Forestry – Scoped In ................................................................................... 13 7.8 Socio-Economics – Scoped In ....................................................................... 13 7.9 Health and Public Safety – Scoped In ............................................................. 13 7.10 Aviation and Existing Infrastructure – Scoped In .......................................... 13 8. Other Matters ................................................................................................ 14 8.1 Habitats Regulations Assessment .................................................................. 14 8.2 ES Accompanying Documentation / Application Requirements ........................... 15 Appendix: Consultation Responses……………………………………………………………………………………….16 Prepared by: Kym Scott BSc MSc Robert Sparey MPlan Chris Sweet MPlan 1 2 DNS: EIA Scoping Direction 3208218 ‘Scoping’ is the process of determining what information must be included in the Environmental Statement for a particular project. This Scoping Direction is provided on the basis of the information submitted to the Planning Inspectorate on 03 August 2018, in addition to consultation responses received. The advice does not prejudice any recommendation made by an Inspector or any decision made by the Welsh Ministers in relation to the development, and does not preclude the Inspector from subsequently requiring further information to be submitted with the subsequent Development of National Significance (DNS) application under Regulation 24 of The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (“The 2017 Regulations”). 1. Introduction The Planning Inspectorate (“the Inspectorate”) received a request under Regulation 33 of the 2017 Regulations for a Scoping Direction in relation to Alwen Forest Windfarm (“the Proposed Development”) by Innogy Renewables UK Limited (Innogy) (“the applicant”). The request was accompanied by a Scoping Report (SR) (Alwen Forest Wind Farm: Scoping Report, June 2018, Innogy Renewables UK Ltd) that outlines the proposed scope of the Environmental Statement (ES) for the proposed development. The 2017 Regulations require that a request for a scoping direction must include: a) a plan sufficient to identify the land; b) a brief description of the nature and purpose of the development including its location and technical capacity; c) its likely significant effects on the environment; d) a statement that the request is made in relation to a development of national significance for the purposes of section 62D of the 1990 Act; and e) such other information or representations as the person making the request may wish to provide or make. The Inspectorate is satisfied that that this has been provided in the applicant’s SR. The Inspectorate is satisfied that the SR encompasses the relevant environmental aspects identified in the EIA Regulations. This Direction has taken into account the requirements of the 2017 Regulations as well as current best practice towards preparation of an ES. In accordance with the 2017 Regulations the Inspectorate has consulted on the SR and the responses received from the consultation bodies have been taken into account in adopting this Direction (see Section 5 below). The Inspectorate is authorised to issue this Scoping Direction on behalf of the Welsh Ministers. 2 3 DNS: EIA Scoping Direction 3208218 2. Site Description The site is defined in the SR as the area represented by the red boundary shown on Figure 2.2 of the SR. The site is located within commercial forestry, part of the Dŵr Cymru Welsh Water (DCWW) estate leased to Natural Resources Wales (NRW), in an area identified as a Strategic Search Area in Technical Advice Note (TAN) 8: Planning for Renewable Energy. The site is mainly located within Conwy County Borough Council (CCBC) local authority area, but a small part of the site is within Denbighshire County Council (DCC) local authority area. The site is described in further detail in Section 2 of the SR. 3. History As detailed in Section 2.1.3 of the SR the Proposed Development lies within the vicinity of the Brenig and Clocaenog wind farms (under construction), the operational Tir Mostyn wind farm, and consented Pant y Maen and Derwydd Bach wind farms. The SR further details wind farm developments to be considered as part of the Cumulative Assessment in Table 11.3. 4. Proposed Development This Scoping Direction is made on that basis that the development would include the following permanent features (as identified in Section 2.1.4 of the SR): Up to 9 wind turbines up to 200 m to tip; Turbine foundations; External transformer housing; Crane pads; Access tracks and entrance points (new and upgrades); Substation and control building, along with potential battery storage facilities; Underground electricity cables between the turbines and onsite substations; Temporary borrow pits (number to be confirmed); Drainage attenuation measures as necessary; Temporary construction and storage compounds and ancillary infrastructure; and Peat Restoration Area/Habitat Management Area In addition, Section 2.1.4-2.1.6 of the SR indicates the Proposed Development would have an onsite substation, the location of which is shown in Figure 2.2 of the SR. The SR provides information on the anticipated construction phases, and operational and decommissioning phases are also briefly discussed. The scope of the ES should include all elements of the development as identified in the SR, both permanent and temporary, and this Scoping Direction is written on that basis. 3 4 DNS: EIA Scoping Direction 3208218 5. Consultation In line with Regulation 33(7) of the 2017 Regulations and Schedule 5 of the Developments of National Significance (Procedure) (Wales) Order 2016, before making this Scoping Direction, the Planning Inspectorate consulted the following bodies: Cadw Conwy County Borough Council (CCBC) Denbighshire County Council (DCC) Natural Resources Wales (NRW) Welsh Government (in relation to aviation issues) All statutory ‘Specialist Consultees’ provided a response. As a result of this consultation, the Inspectorate also received a response from The Clwydian Range and Dee Valley Area of Outstanding Natural Beauty Joint Committee (AONB JC) Responses received are appended to this Direction. The SR states that the applicant intends to continue consultation with statutory and non-statutory consultees for the duration of the EIA process. Consultee Role PDF Page Number Conwy County Borough Council Statutory Consultee: Relevant Local 18 – 20 Planning Authority Denbighshire County Council Statutory Consultee: Relevant Local 21 – 24 Planning Authority Natural Resources Wales Statutory Consultee 25 – 31 The Welsh Ministers (Cadw) Statutory Consultee: Historic 32 – 35 Environment The Welsh Ministers (Planning Consultee for development likely to 36 - 37 Directorate) affect aviation. Clwydian Range and Dee Valley AONB Non-Statutory Consultee 38 – 39 Joint Committee The legislative requirements for publicity in relation to the ES are set out by Part 5 of The 2017 Regulations. However, the Inspectorate notes the intention of the applicant to go beyond the statutory