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Examining Authority Recommendation Report The Planning Act 2008 North Wales Wind Farms Connection Examining Authority’s Report of Findings and Conclusions and Recommendation to the Secretary of State for Energy and Climate Change _______________________________________ Examining Authority Lillian Harrison BSc, MSc, PhD, MRTPI, MCIWM John Lloyd-Jones OBE FRAgS Hon.FLI Jo Dowling BA, MPHIL, MRTPI 28 April 2016 This page intentionally left blank Examining authority’s findings and conclusions and recommendation in respect of an application by SP Manweb plc for an Order granting Development Consent for the North Wales Wind Farms Connection File Ref EN020014 The application, dated 20 March 2015, was made under section 37 of the Planning Act 2008 and was received in full by The Planning Inspectorate on 20 March 2015. The applicant is SP Manweb plc. The application was accepted for examination on 17 April 2015. The Preliminary Meeting was held on 28 July 2015 and the Examination was completed on 28 January 2016. The development proposed is to construct, install, operate and maintain a 17.4 kilometre 132,000 volt (132kV) electric line between Clocaenog Forest, Denbighshire, and a point south of the unnamed Groesffordd Marli to Glascoed Road and the B5381 (Glascoed Road) near St Asaph, Denbighshire. Summary of Recommendation: The Examining authority recommends that the Secretary of State should make the Order in the form at Appendix E. Report to the Secretary of State 1 NWWFC Report Contents 1 INTRODUCTION ........................................................................ 6 1.1 INTRODUCTION ..................................................................... 6 1.2 APPOINTMENT OF EXAMINING AUTHORITY ...................................... 6 1.3 THE EXAMINATION AND PROCEDURAL DECISIONS ............................. 6 1.4 SITE INSPECTIONS ................................................................. 8 1.5 STATEMENTS OF COMMON GROUND ............................................. 9 1.6 OTHER CONSENTS REQUIRED..................................................... 9 1.7 REQUESTS TO BECOME OR WITHDRAW FROM BEING AN INTERESTED PARTY (SECTIONS 102A, 102B AND 102(ZA)) ............................ 10 1.8 STRUCTURE OF REPORT ......................................................... 10 2 MAIN FEATURES OF THE PROPOSAL AND SITE ....................... 12 2.1 THE APPLICATION AS MADE ..................................................... 12 2.2 LOCATION ......................................................................... 12 2.3 THE APPLICATION AT THE CLOSE OF EXAMINATION ......................... 13 2.4 RELEVANT PLANNING HISTORY ................................................. 14 3 LEGAL AND POLICY CONTEXT ................................................. 18 3.1 INTRODUCTION ................................................................... 18 3.2 PLANNING ACT 2008 ............................................................ 18 3.3 NATIONAL POLICY STATEMENTS ................................................ 19 3.4 WELSH LEGISLATION, POLICY AND GUIDANCE ............................... 19 3.5 EUROPEAN REQUIREMENTS AND RELATED UK REGULATIONS ............... 22 3.6 OTHER LEGAL AND POLICY PROVISIONS ...................................... 25 3.7 MADE DEVELOPMENT CONSENT ORDERS ...................................... 27 3.8 LISTED BUILDINGS, CONSERVATION AREAS AND SCHEDULED MONUMENTS ...................................................................... 28 3.9 OTHER RELEVANT POLICY ....................................................... 28 3.10 LOCAL IMPACT REPORTS ........................................................ 28 3.11 THE DEVELOPMENT PLAN ........................................................ 28 3.12 THE SECRETARY OF STATE’S POWERS TO MAKE A DEVELOPMENT CONSENT ORDER ................................................................. 29 4 FINDINGS AND CONCLUSIONS IN RELATION TO THE MAIN ISSUES, THE PRINCIPLE OF THE DEVELOPMENT AND RELEVANT POLICY .................................................................. 30 4.1 MAIN ISSUES IN THE EXAMINATION ........................................... 30 4.2 THE PRINCIPLE OF DEVELOPMENT .............................................. 33 4.3 LEGISLATION AND POLICY CONTEXT ........................................... 36 4.4 ENVIRONMENTAL STATEMENT .................................................. 44 4.5 CONSIDERATION OF ALTERNATIVES ........................................... 45 5 FINDINGS AND CONCLUSIONS IN RELATION TO THE POTENTIAL IMPACTS OF THE DEVELOPMENT .......................... 66 5.1 BIODIVERSITY, ECOLOGY AND GEOLOGICAL CONSERVATION .............. 66 5.2 LANDSCAPE AND VISUAL IMPACT .............................................. 86 5.3 GOOD DESIGN .................................................................. 106 Report to the Secretary of State 2 NWWFC 5.4 HISTORIC ENVIRONMENT ..................................................... 111 5.5 FLOOD RISK AND HYDROLOGY ................................................ 133 5.6 CLIMATE CHANGE MITIGATION AND ADAPTION ............................ 142 5.7 LAND USE AND LAND MANAGEMENT ......................................... 144 5.8 SOCIO ECONOMIC IMPACTS (INCLUDING TOURISM) ...................... 159 5.9 CONSTRUCTION AND DECOMMISSIONING IMPACTS ....................... 173 5.10 COMMON LAW NUISANCE AND STATUTORY NUISANCE .................... 194 5.11 SAFETY .......................................................................... 196 5.12 HEALTH .......................................................................... 199 5.13 CIVIL AND MILITARY AVIATION AND DEFENCE INTERESTS ................ 203 5.14 DECOMMISSIONING ............................................................ 205 5.15 OPTION A AND OPTION B ...................................................... 206 6 FINDINGS AND CONCLUSIONS IN RELATION TO HABITATS REGULATIONS ...................................................................... 210 6.1 INTRODUCTION ................................................................. 210 6.2 PROJECT LOCATION ............................................................ 211 6.3 HABITATS REGULATIONS ASSESSMENT IMPLICATIONS OF PROJECT ..... 212 6.4 ASSESSMENT OF LIKELY SIGNIFICANT EFFECTS RESULTING FROM THE PROPOSED DEVELOPMENT ............................................... 216 6.5 CONCLUSION ................................................................... 217 7 THE PANEL'S CONCLUSION ON THE CASE FOR DEVELOPMENT CONSENT .............................................................................. 218 7.1 INTRODUCTION ................................................................. 218 7.2 NATIONAL POLICY STATEMENTS .............................................. 218 7.3 THE NEED FOR THE PROPOSED DEVELOPMENT AND THE CONSIDERATION OF ALTERNATIVES ......................................... 218 7.4 THE IMPACTS OF THE PROPOSED DEVELOPMENT ........................... 219 7.5 HABITATS REGULATIONS ASSESSMENT ..................................... 222 7.6 CONCLUSION AND DEVELOPMENT CONSENT ................................ 223 8 COMPULSORY ACQUISITION AND RELATED MATTERS .......... 225 8.1 INTRODUCTION ................................................................. 225 8.2 STATUTORY AND OTHER REQUIREMENTS FOR COMPULSORY ACQUISITION ................................................................... 225 8.3 APPLICATION DOCUMENTS RELATING TO COMPULSORY ACQUISITION ................................................................... 227 8.4 WAS THERE A REQUEST FOR COMPULSORY ACQUISITION POWERS? .... 228 8.5 THE ORDER LAND .............................................................. 229 8.6 THE CASE FOR THE PROJECT TO BE CARRIED OUT ......................... 230 8.7 HOW THE PANEL EXAMINED THE CASE FOR COMPULSORY ACQUISITION ................................................................... 230 8.8 IS THE LAND OVER WHICH RIGHTS ARE REQUESTED REQUIRED FOR THE DEVELOPMENT? DOES THE APPLICANT HAVE A CLEAR IDEA AS TO HOW IT WOULD BE USED? ................................................ 231 8.9 IS THE LAND TAKE NO MORE THAN IS REASONABLY REQUIRED? ........ 233 8.10 WERE ALL REASONABLE ALTERNATIVES TO COMPULSORY ACQUISITION EXPLORED?..................................................... 234 8.11 WILL AN ADEQUATE COMPENSATION FUND BE AVAILABLE? .............. 238 8.12 DOES THE CASE FOR COMPULSORY ACQUISITION IN THE PUBLIC INTEREST OUTWEIGH ANY PRIVATE LOSS? ................................. 240 Report to the Secretary of State 3 NWWFC 8.13 COMPULSORY ACQUISITION OF RIGHTS AND IMPOSITION OF RESTRICTIONS FOR LAND AT THE NORTH OF THE PROPOSED DEVELOPMENT (WHERE THE CABLE WOULD GO UNDERGROUND) ........ 273 8.14 IS THE INEVITABLE INTERFERENCE WITH HUMAN RIGHTS BY THE GRANT OF COMPULSORY ACQUISITION RIGHTS AND RESTRICTIONS JUSTIFIED? ..................................................................... 275 8.15 TEMPORARY POSSESSION POWERS .......................................... 276 8.16 SECTION 135 PLANNING ACT 2008 ........................................ 277 8.17 SECTIONS 131 AND 132 PLANNING ACT 2008 ........................... 279 8.18 SECTIONS 127 AND 138 PLANNING ACT 2008 ........................... 279 8.19 THE PANEL'S RECOMMENDATIONS ON THE GRANTING OF COMPULSORY ACQUISITION POWERS ........................................ 283 8.20 OTHER LAND MATTERS ........................................................ 284 9 DRAFT DEVELOPMENT CONSENT ORDER AND RELATED MATTERS .............................................................................. 286 9.1 INTRODUCTION ................................................................
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