Llandinam Windfarm Repowering and Extension

Llandinam Windfarm Repowering and Extension

Planning Appraisal

December 2011

Prepared by: For:

Albro Planning & Environmental CeltPower Limited Albro Castle St Dogmaels Nr Cardigan Pembrokeshire SA43 3LH

Llandinam Windfarm Repowering and Extension Planning Appraisal December 2011

Contents

1 Introduction ...... 1 Statutory Requirements ...... 2 Appraisal Process...... 3 2 The Development Plan ...... 5 3 National Guidance and other Policy Material Considerations ...... 8 Planning Policy Wales Edition 4 February 2011 (PPW4)...... 8 TAN8 – Renewable Energy, July 2005...... 11 TAN 5 Nature Conservation and Planning, 2009 ...... 13 TAN 11, Noise, 1997...... 14 Welsh Office Circular 60/96; Planning and the Historic Environment: Archaeology ...... 15 Welsh Office Circular 61/96; Planning and the Historic Environment: Historic Buildings and Conservation Areas...... 15 National Policy Statements for Energy EN-1 (Overarching Statement) and EN-3 (Renewable Energy) (July 2011)...... 16 4 Second Draft Interim Development Control Guidance – Onshore Wind Farm Developments ...... 18 5 The Need for Development ...... 20 The UK Energy Response to Climate Change ...... 20 UK Renewable Energy Strategy (July 2009)...... 26 National Renewable Energy Action Plan for the UK (June 2010) ...... 27 The UK Renewable Energy Roadmap (July 2011) ...... 28 Electricity Market Reform White Paper (July 2011) ...... 28 The Welsh Energy Response...... 29 How does Wales measure up to the targets? ...... 31 6 The Benefits of the Llandinam Windfarm Repowering and Extension ...... 35 Environmental Benefits...... 35 Local Economic Benefits ...... 37 7 Planning Appraisal of the Llandinam Windfarm ...... 39 Landscape and Visual Issues ...... 40 Turbines ...... 41 Amenity Issues...... 46 Noise ...... 46 Shadow Flicker and Reflective Light ...... 48 Electro-Magnetic Interference ...... 49 Public Rights of Way and Safety ...... 49

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Other Matters...... 50 Wildlife and Ecology ...... 50 Archaeology and Cultural Heritage ...... 53 Transport and Highways ...... 55 Hydrology, Water Quality and Pollution control ...... 57 Temporary Structures and Redundant Turbines ...... 58 Tourism and Public Attitudes...... 59 8 The Balance and Conclusions ...... 61

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Planning Appraisal Addendum for the Llandinam Windfarm Repowering and Extension

1 Introduction

1.1 This appraisal is to supersede the original planning appraisal which accompanied the application by CeltPower Ltd to the Department of Business Enterprise and Regulatory Reform under Section 36 of the Electricity Act 1989 for the construction of the Llandinam Windfarm Repowering and Extension (hereinafter referred to as the “Development”). The application was made on 9 th May 2008. As a result of Government reorganisation, the responsibility of determining the application now rests with the Secretary of State for Energy and Climate Change, although the proposal is still to be determined under the Electricity Act. The Development is located approximately 12 kilometre (km) southwest of Newtown, 7km east of Llanidloes and some 2.5km’s south and southeast of the village of Llandinam in the County of Powys. This Planning Appraisal (2011) accompanies the May 2008 Environmental Statement (ES) and Supplementary Environmental Information (SEI) report.

1.2 In response to the representations and correspondence received in relation to the formal consultation exercise, a range of issues have been identified that are considered to require further mitigation or clarification. Additional survey and design work has been carried out and the findings of this process are contained within the SEI. The SEI is to be read in conjunction with the original Environmental Statement.

1.3 The process has resulted in an amended layout and the application now comprises the dismantling and removal of the existing 103 x 330 kilowatt (kW) wind turbines and the construction of 39 wind turbine generators with a maximum blade tip height of 121.2m, replacing the existing 31 megawatt (MW) windfarm with a scheme of up to 117 MW. However, while that is the maximum installed capacity for which consent is being sought under Section 36 of the Electricity Act, the EIA has been undertaken on the basis of a 2.3 MW machine thus giving a likely maximum installed capacity of 89.7MW. The Development is detailed in Chapter 4: Project Description of the Environmental Statement (ES) and the SEI report, and summarised briefly as follows: • Dismantling of the existing site (decommissioning) - Dismantling and removal of the existing 103 wind turbines and associated infrastructure; - Upgrading of a number of the existing hardstandings and the existing tracks to allow for crane access during dismantling; • Repowering and Extension - Erection of 39 proposed wind turbines; - Crane hardstandings; - Upgrading and construction of on-site access tracks and watercourse crossings; - Upgrading of the site access from the A483 road; - An on-site substation; - Two Permanent Power Performance Assessment (PPA) masts; and

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- On-site underground cabling

1.4 In addition to the above infrastructure components, construction will involve: • Three temporary construction compound and laydown areas; • Temporary Power Performance Assessment (PPA) masts; and • Eight Borrow Pits.

1.5 Based on an installed capacity of 89.7MW derived from the 2.3MW machine used for the purposes of the EIA (39 x 2.3MW) and an estimated 28% windfarm capacity factor, the annual average output of the proposed windfarm will generate about 220,000 Megawatt-hours (MWh) per year and bring about the reduction in emissions of carbon dioxide (CO 2) of between approximately 82,500 tonnes (assuming replacement of the average UK generating mix) to 239,300 tonnes (assuming replacement of coal generation) tonnes per year or between about 1.9 to 5.8 million tonnes equivalent over the 25 year life of the Development when taking into account the losses that are incurred during construction (see Chapter 14: Other Issues of the SEI for further details).

Statutory Requirements

1.6 As noted above, the application for the Development will be determined under Section 36 of the Electricity Act 1989. Subsection 7(1) of Schedule 8 of the Electricity Act states that: “ On granting a consent under section 36 or 37 of this Act in respect of any operation or change of use that constitutes development, the Secretary of State may direct that planning permission for that development and any ancillary development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction .” In this respect, deemed planning permission will be granted under Section 90(2) of the Town and Country Planning Act 1990.

1.7 Subsection 7(3) of Schedule 8 of the Electricity Act goes on to state that: “ the provisions of the Planning Act….shall apply in relation to any planning permission…deemed to be granted by virtue of a direction under this paragraph as if it had been granted by the Secretary of State on an application referred to him under the relevant section of that Act. ”

1.8 Section 38(6) of the Planning and Compulsory Purchase Act 2004, which re- enacts Section 54A of the Town and Country Planning Act 1990, states that: “If regard is to be had to the development plan for the purposes of any determination to be made under the Planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise ”

1.9 As noted above, the proposal is being considered by the UK Department of Energy and Climate Change (DECC). Whilst proposals being submitted since 1 st March 2010 are now being considered by the Infrastructure Planning Commission (IPC), applications in excess of 50MW submitted prior to this date are still being considered under Section 36 of the Electricity Act. As such, the Regulations governing the Environmental Impact Assessment (EIA) under the Electricity Act still apply.

1.10 Since the proposal is still being considered under Section 36 of the Electricity Act, the requirements relating to the development plan and planning policy have not

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changed. However, the development plan and national guidance (as it applies to Powys and Wales) has changed. These changes are noted as follows.

1.11 The development plan now comprises the Powys Unitary Development Plan which was adopted on 1 st March 2010. The relevant policies are summarised in Section2 of this Appraisal.

1.12 With respect to national guidance, Planning Policy Wales Edition 4 (PPW4) was published in February 2011 and this is reviewed in Section 3. Section 12.8 of PPW4 is now consistent with the Welsh Government’s Energy Policy Statement (EPS) published in March 2010.

1.13 Other national guidance relevant to the proposal is contained in: • TAN 5, Nature Conservation and Planning (September 2009) • TAN 8, Renewable Energy July 2005 • TAN 11, Noise (1997) • TAN 18, Transport (2007) • Welsh Office Circular 60/96, Planning and the Historic Environment: Archaeology. • Welsh Office Circular 61/96, Planning and the Historic Environment: Historic Buildings and conservation Areas

1.14 A material consideration in the context of the Development is the Powys Interim Development Control Guidance on Onshore Wind Farm Developments. This was formulated in response to the Ministerial Interim Planning Policy Statement (now superseded by PPW4) and TAN8 noted above. Since this document is intended to reflect national guidance it is appropriate to review it after considering the national guidance.

1.15 The UK Government approved the National Policy Statements on energy in July 2011. Two of these are relevant to the Development and these are the Overarching Statement (EN-1) and on Renewable Energy (EN-3). These are very important material considerations and are reviewed in Section 3 of this Appraisal.

1.16 With regard to other material considerations, energy policy in Europe, the UK and Wales has changed considerably in the last 3 years and this is considered in Chapter 5.

1.17 Emerging Local Development Plans (LDPs) are also a material consideration. However, the Powys LDP process has not yet started (other than setting out a timetable and commencing a “call for sites”) and, as such, there is no weight to be given to the LDP at this stage.

Appraisal Process

1.18 On the basis of the statutory requirements set out above, the format followed in this Appraisal will be:

Section 2 Review of the development plan. Section 3 Review National Planning Guidance Section 4 Review of Supplementary Planning Guidance Section 5 Review of international and national environmental and other material considerations. Section 6 The benefits of wind generation.

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Section 7 Assessment of the proposal in the context of the planning framework. Section 8 Conclusions.

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2 The Development Plan

2.1 As noted in Chapter 1, the Powys UDP was adopted on 1 st March 2010 and now provides the formal development plan. The new UDP contains both a general support for generation of electricity from renewables in its strategic Part One through SP12 but a more detailed development control policy under E3. This policy sets out a series of criteria against which a wind farm proposal can be assessed, and includes the requirement that for the key issues of landscape effects, nature conservation, residential amenity cultural heritage and rights of way a balancing exercise has to be carried out between the need for and benefits of the development against any local harm that may be found to arise from the development. This is achieved through the use of the words “does not unacceptably affect” in each of the relevant criteria. In addition there are a number of topic policies covering these issues which have been noted along with the renewable energy policies in Table 5.1 of the SEI. Although it is considered that the Part I policies noted do not necessarily assist the decision-maker further, they form part of the statutory development plan and are mentioned for completeness.

2.2 Table 5.1 of the SEI is reproduced as follows:

Table 5-1 Planning Policy Framework

Policies Powys Unitary Development Plan (March 2010) Topic Landscape Policy SP12 – proposals for energy generation from renewable resources will normally be permitted providing that they meet the landscape requirements set out in the Plan. Policy SP3 – safeguard the landscape and environment of Powys. Policy E3 – criterion 1 – proposals do not unacceptably adversely affect the landscape quality of Powys, either individually or cumulatively. Policy E3 – criterion 6 – any new or improved roads and accesses should not have unacceptable environmental impacts. Policy E3 – criterion 8 – ancillary structures and buildings should be sited and designed to adequately blend into their setting. Policy ENV2 – proposals should take into account the high quality of the landscape in Powys and be appropriate and sensitive to the character of the surrounding area, ensuring satisfactory integration into the landscape.

Ornithology Policy SP12 – proposals for energy generation from renewable resources and Ecology will normally be permitted providing that they meet the nature conservation requirements set out in the Plan. Policy SP3 – safeguard the landscape and environment of Powys. Policy E3 – criterion 2 – proposals should not unacceptably adversely affect wildlife habitats or species of international, national or local importance Policy ENV3 – The biodiversity and nature conservation and amenity value of habitats and features of importance for flora and fauna will be protected against adverse development and will be maintained within

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development proposals. Policy ENV4 – the protection of internationally important nature conservation sites. Policy ENV5 – a presumption against proposals likely to damage wither directly or indirectly the nature conservation interest of nationally designated sites except where the benefits of development clearly outweigh the nature conservation value of the site and satisfactory provision or appropriate compensation can be made to safeguard such features or offset the impacts. Policy ENV6 – proposals unacceptably adversely affecting the nature conservation interests of regional or local nature conservation value will be refused. Acceptable development will be subject to conditions/agreements to safeguard features of nature conservation importance or the – provision of compensatory measures to offset impacts. Policy ENV7 – development affecting statutorily protected species will not be permitted except where it is necessary in the interests of public health, safety or other imperative of overriding public interest.

Traffic and Policy E3 – criterion 5 & 6 – proposals should not unacceptably adversely Transport affect the enjoyment and safe use of highways and public rights of way, including during construction. The development should also be capable of being served by an acceptable means of highway access and any new and improved accesses and roads should not have unacceptable environmental impacts. Policy GP4 – development will be permitted provided that there is adequate provision of highway access including visibility, turning and passing and that the Council’s parking standards are met.

Cultural Policy E3 – criterion 4 – development should not unacceptably impact on Heritage any buildings or features of conservation or archaeological interest

Policy ENV17 – development that would unacceptably affect the site or setting of a Scheduled Ancient Monument or an archaeological site of national importance will not be permitted and other sites of archaeological importance will be safeguarded where possible.

Policy ENV18 – relates to field evaluation, preservation in-situ where possible and, where this is not possible, mitigation should be achieved through site excavation, survey and recording of remains. Policy ENV16 – development that unacceptably adversely affects the character and appearance of Historic Parks and Gardens (as identified on the Register) and their setting will be opposed.

Noise Policy E3 – criterion 3 – development should not unacceptably adversely affect the occupants or users of sensitive properties or their amenities by reason of noise or vibration. Policy GP1 – criterion 6 – the amenities of enjoyed by occupants of nearby property should not be unacceptably affected by levels of noise

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Shadow Policy E3 – criterion 3 – development should not unacceptably adversely Flicker and affect the occupants or users of sensitive properties by reason of shadow Reflected flicker or reflected light. Light Borrow Pits Policy MW6 – development will be permitted where there would be a significant environmental advantage in terms of traffic generation as compared to importing material from authorised quarries. It sets out a number of criteria which relate to noise from borrow pit operations and, importantly, to restoration and aftercare. Reference is made to Policy MW1, which also considers issues relating to access, pollution, groundwater and public rights of way.

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3 National Guidance and other Policy Material Considerations

3.1 This section provides an overview of national planning policy as it applies to Wales, together with a review of the National Policy Statements on Energy (NPS) which were approved by Parliament in July 2011. Two of the NPS series are relevant to the Development, EN-1 (the overarching statement) and EN-3 (Renewable Energy). Whilst these are intended to provide guidance on the determination of proposals made to the Infrastructure Planning Commission (or its successor), they are also stated to be material to applications made under the Planning Acts.

Planning Policy Wales Edition 4 February 2011 (PPW4)

3.2 PPW provides a comprehensive review of planning policy as it applies to Wales. It initially sets out the context of planning in Wales followed by the main policy objectives and a description of the planning system and procedures. It then considers a range of subjects and provides advice on how these should be treated both in the Development Plan process and in the context of development control. 3.3 Sustainability is considered in Chapter 4 and a significant part of that deals with the principles relating to the issues of climate change and renewable energy Important statements relating to the Development are as follows: 4.1.4 The Welsh Ministers are promoting sustainable development by placing sustainability at the heart of their decision-making processes; 4.1.5 The Welsh Assembly Government …… have agreed a set of shared UK principles that will help us achieve our sustainable purpose: ….. living within environmental limits by setting out a pathway to using only our fair share of the earth’s resources and becoming a One Planet nation within the lifetime of a generation; … and …. achieve a sustainable economy by setting out how we want to transform our economy so that it is low carbon, low waste. 4.1.7The Assembly Government’s Environment Strategy and Action Plan set out the long term strategy for the Welsh environment. It states five main themes, two of which are “ … addressing climate change and sustainable resource use. 4.2.1 Tackling climate change is a fundamental part of delivering sustainable development. Climate change is one of the most important challenges facing the world and the Assembly Government has made a commitment to tackling climate change, resolving that the Government and people of Wales will play the fullest possible part in reducing its carbon footprint. 4.2.2 The Assembly Government has set out to achieve annual carbon reduction- equivalent emissions reduction of 3 per cent per year … 4.2.3 Climate change will have potential profound environmental, economic and social justice implications and failure to address it will make planning for sustainability impossible 4.2.5 A complimentary twin track approach to tackling climate change is needed recognising … the causes of climate change by acting urgently to cut emissions of greenhouse gas emissions that cause climate change in order to avoid the worst impacts of climate change

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4.2.7 Planning to minimise the causes of climate change means taking decisive action to move towards a low carbon economy by proactively ... and … facilitating the delivery of new and more sustainable forms of energy provision …. 3.4 Section 4.3.1 sets out the principles that underpin the Welsh Assembly Government’s (now Welsh Government’s) approach to planning policy for sustainable development which include respecting environmental limits so that resources are not irrecoverably depleted or the environment irreversibly damaged and provides the mitigation of climate change as an example of this. A further bullet point restates the need to tackle climate change be reducing the greenhouse gas emissions that cause climate change. The Welsh Government will also apply the proximity principle, especially in managing waste and pollution by solving problems locally rather than passing them on to other places or to future generations. Finally, the Welsh Government will take into account the full range of costs and benefits over the lifetime of the development, including those that cannot be easily valued in monetary terms. 3.5 Section 4.2 also makes reference to Section 12.8 of PPW4 which addresses renewable energy. Sections 12.8 to 12.10 were issued in draft form in July 2010 and have now been published in their final form in PPW4, amending the advice on renewable energy to bring it in to line with the Welsh Government Energy Policy Statement (EPS) published in March 2010. The EPS provides Wales’ commitment to meeting the demanding targets set out in the EU Directive on renewable energy issued in April 2009 and the consequent UK Renewable Energy Strategy which was released in July 2009. As such, Section 12.8 now sets out the land use planning response to legally binding international targets for renewable energy. 3.6 As noted above, Section 12.8 is derived out of the Welsh Government Energy Policy Statement of March 2010 (reviewed in chapter 5) and Figure 12.1 sets out the renewable energy potential in Wales up to the period 2020/25 which totals some 48TWh derived from an installed capacity of 22.5GW of renewable energy. This can be compared with the figure of just 7TWh which had been the target for electricity from renewables by 2020 (see for example TAN8). Not only that, but the PPW4 endorses the figures from the EPS of about 2000MW of installed capacity from onshore wind by the much earlier date of 2015-2017 and a total of 6000MW of offshore wind by 2015-16 (Figure 12.1 in para 122.8.2). Paragraph 12.8.7 advises that the Welsh Government is committed to using the planning system to optimise electricity generation from renewable energy. In order to achieve this, local planning authorities should facilitate the development of all forms of renewable energy through considering the contribution their area can make to developing and facilitating renewable energy, ensuring development management decisions are consistent with national and international climate change obligations (including contributions to renewable energy targets) and by recognising the environmental, economic and social opportunities the use of renewable energy resources can make to wider planning goals and objectives. 3.7 Paragraph 12.8.11 refers to Technical Advice Note 8 (TAN8) which identifies the Strategic Search Areas (SSAs) within which large scale wind energy development, necessary to meet Welsh Government renewable energy targets, is considered to be most appropriate. Whilst cumulative impacts can be a material consideration, it must be balanced against the need to meet Welsh Government targets. Nonetheless, developers will need to be sensitive to local circumstances, including siting in relation to local landform. In addition, paragraph 12.8.9 also advises that inappropriate development should be avoided by ensuring that international and national statutory obligations to protect designated areas, species and habitats and the historic environment are adhered to and ensure that mitigation measures are required for potential detrimental effects on local communities.

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3.8 Although the Development is being considered by the DECC, it is incumbent on the decision maker to take into account the planning policies relevant to the proposal. In this context, the development management guidance in Section 12.10 of PPW4 is also material to the determination of the proposal. Thus, whilst reference is made to the local planning authority, The Secretary of State must also take into account this advice. In this context, paragraph 12.10.1 states that “ In determining applications for renewable and low carbon energy development and associated infrastructure local planning authorities should take into account: • the contribution a proposal will play in meeting identified national, UK and European targets and potential for renewable energy, including the contribution to cutting greenhouse gas emissions; • the wider environmental, social and economic benefits and opportunities from renewable and low carbon energy development; • the impact on natural heritage, the Coast and the Historic Environment; • the need to minimise impacts on local communities, to safeguard quality of life for existing and future generations; • ways to avoid, mitigate or compensate identified adverse impacts; • the impacts of climate change on the location, design, build and operation of renewable and low carbon energy development. In doing so, consider whether measures to adapt to climate change impacts give rise to additional impacts; • grid connection issues where renewable (electricity) energy developments are propose; and • the capacity of and effects on, the transportation network relating to the construction and operation of the proposal.

3.9 For proposals that are to be determined by the IPC (or DECC as in the case of the Development proposal), Local planning authorities, particularly those containing SSAs should take the Welsh Government imperative for renewable energy into account when they are consulted on such applications. 3.10 Turning back to PPW4, Chapter 5 provides guidance on the conservation of natural heritage and paragraph 5.3.1 advises that many of the most important areas of landscape quality and nature conservation have been statutorily designated. While the value of all landscapes of Wales is recognised, regard should be had to the relative significance of international, national and local designations in considering the weight to be attached to nature conservation interests and should take steps to avoid placing unnecessary constraints on development. Nonetheless, landscape and biodiversity considerations must be taken into account in determining individual applications. Where development does occur, it is important to ensure that all reasonable steps are taken to safeguard or enhance environmental quality of land. 3.11 Chapter 6 considers the historic environment and section 6.5 deals with development control in relation to this issue. Paragraph 6.5.1 advises that where nationally important archaeological remains and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. Where remains of lesser importance are concerned, decision makers will need to weigh the relative importance of archaeology against other factors such as the need for the development. It is further advised that potential conflict with archaeology can be minimised through assessment and by early discussion with the LPA. The EIA process for the Development proposed has

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provided substantial information and the layout of tracks and turbines have been designed to minimise impacts. However, there is also provision for implementing a watching brief to ensure that any sub surface archaeology uncovered during the construction of the Development is adequately investigated and recorded. 3.12 With regard to Listed Buildings, there is a statutory duty to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. The Development would not result in any direct impacts on such features, although it may affect their settings. However, PPW4 provides little guidance on how to deal with the issue of setting, this being left to the guidance within Welsh Office Circular 61/96 which is considered shortly. Similar issues arise with Conservation Areas and this is also considered in this Planning appraisal.

TAN8 – Renewable Energy, July 2005

3.13 TAN 8 was issued simultaneously with the now superseded Ministerial Interim Planning Policy Statement in July 2005. The TAN refers to the 4TWh target expressed in the MIPPS for 2010 and goes on to state that 20% of electricity should come from renewables by 2020, as contained in the Energy White Paper. However, the TAN has an expected time horizon of 2010 and identifies that, in order to meet the target in this time frame, the majority of renewable energy will come from established and scalable technologies, thus the TAN recognises that 80% of this will be derived from onshore wind energy projects. It was considered that this may give rise to significant environmental effects and, as a consequence, the Welsh Government engaged consultants to assess the spatial implications of this policy.

3.14 This was basically a Geographical Information System (GIS) sieve mapping exercise which considered a range of constraints to wind energy development, both environmental (such as international and national nature conservation and landscape designations) and technical (including wind speed, grid infrastructure [existing and potentially planned], Ministry of Defence and civil air safeguarding). This process identified SSAs where these potential constraints were minimal for large scale projects (defined as 25MW or larger schemes in paragraph 2.2 in the TAN). The process identified seven SSAs within Wales that could accommodate sufficient wind turbines to achieve the national target of 800MW installed capacity. For each of the SSAs, TAN8 provides indicative installed capacities. SSA “C” Newtown South has an indicative installed capacity of 70MW. Paragraph 2.9 advises that the SSAs all have the following characteristics. • Extensive areas with good wind resource; • Upland areas which contain a dominant landform that is plateau; • Generally sparsely populated; • Dominated by conifer plantation or improved or impoverished moorland; • A general absence of nature conservation or historic landscape designations; • Area able to achieve a minimum of 70MW installed capacity; • Unaffected by broadcast transmissions, radar low flying or other constraints.

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3.15 Paragraph 2.10 advises that local planning authorities should take an active approach to developing local policy in order to secure the best outcome. Issues to be taken into account in this process include, amongst other things: • There could be opportunities to enhance habitats of significant wildlife value and these should be grasped; • The geo-technical implications; • Local historic considerations and micro-siting in relation to issues of local importance; and • Access considerations.

3.16 Powys County Council commissioned an assessment of SSA “C” to take into account the more local characteristics. Subsequently, the Council issued draft Interim Development Control Guidance (IDCG) for consultation, which closed in March 2006. Subsequent to representations made on the Draft and as a consequence of an appeal decision relating to SSA “A” in Denbighshire, further work was carried out by the Consultants and a 2 nd Draft IDCG was published in May 2008. This has been approved by the Council for development control purposes and is reviewed later in this document in the context of the advice in TAN8.

3.17 For sites outside the SSAs, and not close to urban/industrial or commercial sites, the Welsh Government advises that proposals for smaller community based schemes should be encouraged, defining smaller as generally being less than 5MW. As noted above, the TAN also makes reference to smaller, possibly community based wind turbine developments projects being more suitable outside the SSAs. In addition, paragraph 2.14 advises that there will also be opportunities to re-power and/or extend existing windfarms which may be located outside SSAs and these should be encouraged provided that the environmental and landscape impacts are acceptable. This is relevant to SSA C as set out in TAN8 but does not apply to the refined SSA C as defined by the Powys re-assessment.

3.18 Annex A to the TAN provides a Policy Statement on Renewable Energy and refers to the UK Government Energy White Paper and the Welsh Energy Route Map, both of which are reviewed later on in this document. The Annex also reiterates the Welsh renewables target of 4 TWh by 2010 and that the majority of this will come from on-shore wind in this time frame.

3.19 Annex B considers certain community benefits arising from windfarm development and sets out a series of case studies that provide examples of common practice in the wind industry. However paragraph 1.3 of the Annex makes it very clear that, where such benefits are not necessary for the proposal to succeed, they must not impact on the decision-making process. Paragraph 2.3 of the Annex also advises that such benefits should be used for a range of uses that would all fall within the definition of sustainable development and that at least part of any financial benefits should be used to aid carbon emissions reduction in the community.

3.20 The principle of sustainable development underpins the entire planning system and benefits that clearly contribute to sustainable development must be material to any planning decision. Thus benefits that meet these tests cannot be divorced from the planning system.

3.21 The remainder of Annex B provides four case studies of mechanisms for providing and maintaining community benefits and may be drawn upon where appropriate in later sections of this Appraisal.

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3.22 Annex C describes the principle technologies that are likely to be encountered in the planning system within the 2010 timeframe but focuses mainly on onshore wind energy and the planning issues this technology raises, although the impact on landscapes is covered in Annex D to TAN8.

3.23 Noise is considered in paragraphs 2.14 to 2.18 and advises that the ETSU report ‘The Assessment and Rating of Noise from Wind Farms’ is to be considered the relevant guidance on good practice for providing reasonable protection to the occupiers of properties neighbouring windfarm development. Low frequency noise is also addressed in this section and it is advised that “ … There is no evidence that ground transmitted low frequency noise from wind turbines is at a sufficient level to be harmful to human health. ”

3.24 The Annex advises that, with respect to nature conservation, TAN5 is material but it is acknowledged that windfarms are extensive and that there are often substantial opportunities to mitigate any potential ecological damage and, indeed, enhance wildlife habitats. Paragraph 2.23 considers bird strike and advises that where turbines are not placed on any migration route, they are unlikely to lead to significant numbers of deaths or injuries through bird strike. Nonetheless, it is advised that winter bird survey and breeding bird survey are the minimum likely to be required to assess potential impacts.

3.25 For archaeology, the Annex refers to Circular 60/96.

3.26 On safety, it is considered that a minimum set back from public rights of way or railways should be the height of the turbine to the tip of the blade.

3.27 Other matters covered in the Annex include proximity to power lines, electromagnetic interference, shadow flicker, and aviation safety. These matters are drawn upon where necessary within the assessment of the proposed windfarm in Chapter 7 of this document.

3.28 Annex D outlines the potential methodology for local authorities for assessing the potential for the SSAs. Paragraph 1.2 commences by advising that the purpose of the local planning exercise is to achieve a finer grain of development allocation within the SSA but that it is not intended for use in the negotiation of the SSA capacities. Paragraph 1.3 goes onto say that the local planning authorities are anticipated to make only minor adjustments to SSA boundaries and that it will facilitate the inclusion on the margins of the SSAs where local conditions allow. In this context paragraph 2.2 suggests that the study should consider areas within 5km of the SSAs. Section 3 of the Annex goes on to consider the factors that should be reviewed in this process. These will be discussed in more detail when evaluating the SPG.

TAN 5 Nature Conservation and Planning, 2009

3.29 TAN5 provides advice on how the land use planning system can contribute to protecting and enhancing biodiversity. It should be read in conjunction with PPW4. 3.30 Paragraph 2.4 states that when deciding planning applications that may affect nature conservation, local planning authorities should, among other things: • pay particular attention to the principles of sustainable development, including respect for environmental limits, applying the precautionary principle, using

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scientific knowledge to aid decision making and taking account of the full range of costs and benefits in a long term perspective; • contribute to the protection and improvement of the environment, so as to improve the quality of life and protect local and global ecosystems, seeking to avoid irreversible harmful effects on the natural environment; • ensure that appropriate weight is attached to designated sites of international, national and local importance; • protect wildlife and natural features in the wider environment, with appropriate weight attached to priority habitats and species in Biodiversity Action Plans; • ensure that all material considerations are taken into account and decisions are informed by adequate information about the potential effects of development on nature conservation; • ensure that the range and population of protected species is sustained ; • adopt a step-wise approach to avoid harm to nature conservation, minimise unavoidable harm by mitigation measures, offset residual harm by compensation measures and look for new opportunities to enhance nature conservation; where there may be significant harmful effects local planning authorities will need to be satisfied that any reasonable alternative sites that would result in less or no harm have been fully considered.

3.31 Section 4 of the TAN outlines the considerations when determining planning applications and paragraph 4.3.4 sets out the extent of information required for EIA development such as the Llandinam Windfarm Development. Further advice in EIA development is provided in paragraph 4.5.2. This advice has been considered in full in the preparation of the ES and SEI.

3.32 Section 4.6 considers the use of conditions in planning permissions and identifies that, provided that the conditions meet the tests set out in Circular 35/95, conditions can be used to: • avoid adverse impacts or remove the likelihood of adverse impacts occurring; • reduce adverse impacts that may occur; • compensate for losses or impacts that could not be avoided or mitigated; • enhance aspects of the natural heritage and its enjoyment.

3.33 These have also been taken into consideration in the ES and SEI and draft management plans have been submitted with the latter document.

TAN 11, Noise, 1997

3.34 Whilst paragraph B19 of Annex B to TAN11 states that detailed guidance on noise from wind turbines is contained within TAN8, some parts of this advice are useful in the context of the Development. Paragraph 8 requires that local planning authorities “… must ensure that noise generating development does not cause an unacceptable degree of disturbance.” Paragraph 13 suggests that “ There may be circumstances when it is acceptable, or even desirable in order to meet other planning objectives, to allow noise generating activities on land near or adjoining a noise-sensitive development.” but that the introduction of noise generating activities in some rural areas, where background noise levels may be very low, may be especially disruptive.

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Welsh Office Circular 60/96; Planning and the Historic Environment: Archaeology

3.35 Paragraph 3 of this Circular advises that “care must be taken to ensure that they (i.e. archaeological remains) are not needlessly or thoughtlessly destroyed.” Paragraph 7 states “ …that positive planning and management can help bring about sensible solutions to the treatment of sites with archaeological remains and reduce the areas of potential conflict between development and preservation. ”

3.36 Paragraph 16 indicates that it is recognised that the preservation of archaeological remains must be assessed on the merits of each case, taking into account development plan policies and other material considerations including weighing the intrinsic importance of the remains against the need for the proposed development.

3.37 The advice also recognises that archaeological remains may not be discovered until development has commenced (Paragraph 24) and that it is open to the local planning authority to impose conditions which require that an archaeological watching brief is carried out during the construction period (Paragraph 22).

Welsh Office Circular 61/96; Planning and the Historic Environment: Historic Buildings and Conservation Areas

3.38 This guidance relates to Listed Buildings, Conservation Areas as well as Historic Parks and Gardens. The cultural heritage chapter of the ES and SEI identify Listed Buildings and Parks and Gardens as well as some battlefields within 10kms of the site but no Conservation Areas. None lie within the site. This brief review, therefore, does not consider Conservation areas and concentrates on issues relating to setting of the other features.

3.39 The circular notes the requirement under Section 16 and 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to have special regard to preserving the setting of a Listed building. It advises that “ … The setting is often an essential part of a building’s character especially if a park, garden or grounds have been laid out to complement its design or function. Also, the economic viability as well as the character of historic buildings may suffer and they can be robbed of much of their interest and of the contribution they make to townscape or the countryside if they become isolated from their surroundings e.g. by new traffic routes, car parks, or other development. [paragraph 11]

3.40 Paragraph 16 concerns Historic Landscapes, Parks and Gardens of special historic interest. Historic Landscapes have been considered in the ES. There is one park and garden within 3km of the site (Plas Dinam). Whilst the circular advises that there are no additional statutory controls which follow from the inclusion of a site on Register (of historic landscape parks and gardens), local authorities are asked to take into account in determining applications any schemes which might affect such features or their settings.

3.41 The remainder of the Circular concentrates on direct effects of development on Listed Buildings or their settings with little mention of indirect effects.

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National Policy Statements for Energy EN-1 (Overarching Statement) and EN-3 (Renewable Energy) (July 2011)

3.42 The suite of NPSs were published in their final form, having been approved by Parliament, on 19 th July 2011. These documents will provide the primary basis for decisions by the IPC and its successor and will be the starting point for any decision for applications in excess of 50MW (onshore) made under the Planning Act 2008. However, the application for the Llandinam Windfarm Repowering and Extension proposal was made under Section 36 of the Electricity Act 1989 and DECC has confirmed that the application will continue to be considered under the Electricity Act. Whilst the NPSs would not carry the same weight when compared to applications determined under the Planning Act 2008, they will, in order to maintain consistency across decision making, be a very important material consideration when determining applications under the Electricity Act.

3.43 It is noted in chapter 4 that it is not the intention of the NPSs to change the underlying policies against which applications are assessed and that the relevant national planning policies have been taken into consideration including the Welsh TANs. However, in the light of the very recent approval of the NPSs, and particularly as they are the most recent expression of Government planning policy relating to energy generation (reflecting the twin drivers of the need to address climate change and security of supply), it is considered that the NPSs should be regarded as the starting point for the decision making process for the Development, even for applications to be determined under the Electricity Act.

3.44 Section 4.5 considers the concept of “good design” and states that this goes beyond aesthetic considerations and should include the functionality of an object including fitness for purpose and sustainability.

3.45 Part 5 sets out the generic impacts that need to be considered when determining applications for all energy related development and outlines the approach to decision making the IPC will take on a range of issues including landscape, visual amenity, historic environment, noise, biodiversity etc. It is worth noting that, with respect to landscape and visual impacts, section 5.9 states that these depend on the landscape character, quality, value and its capacity to absorb change. Paragraph 5.9.16 advises that in reaching any judgement on landscape impacts, the reversibility of a proposal and timescale over which this would occur is a consideration for decision makers.

3.46 NPS EN-3 relates specifically to renewable energy and section 2.7 concentrates on onshore wind energy. It explains at paragraph 2.7.7 that the two main impact issues that determine acceptable separation distances from properties are visual amenity and noise. The main points that can be drawn from EN-3 are set out as follows:

• Flexibility is required in terms of the specific turbines, hub heights and tip heights to be used in the final project. However, a maximum case scenario should be considered in the EIA; • Micrositing is likely to be necessary and a tolerance of 30 to 50m is typical. However, this may be restricted by site specific constraints; • Assessments on biodiversity should include where necessary collision risk modelling, effects on biodiversity and important habitats such as peat and

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hydrology. The proposal should ensure minimal disruption to ecology and that the carbon balance savings of the scheme is maximised; • With respect to the historic environment, account should be taken of the length of time for which the consent is sought when considering the effects on the setting of designated historic assets; • Landscape matters are considered in NPS EN-1 in section 5.9, this is very briefly summarised above; • In relation to noise, it is advised that ETSU-R-97 should be used to assess noise from the operation of wind turbines, taking account of the latest industry good practice. Where the correct methodology has been followed and a wind farm is shown to comply with ETSU-R-97 recommended noise limits, decision makers may conclude that they will give little or no weight to adverse noise impacts from the operation of the wind turbines. Conditions should be imposed to ensure that noise levels at neighbouring property do not exceed the predicted noise levels; and • The applicant should assess the various potential routes to the site, especially for the transportation of turbine components. Decision makers should take account of the advice of the relevant highway authority.

3.47 Whilst the impacts of renewable energy proposals are identified in both the NPSs, it should be emphasised that Section 3 of EN-1 outlines the drivers for the need for nationally significant energy projects such as the Development and that substantial weight should be given to the contribution that projects will make towards satisfying this need. This provides the positive side of the balance. The NPSs are considered in greater detail within each of the individual topics addressed in Section 7 and in the balance contained in Section 8 of this Appraisal.

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4 Second Draft Interim Development Control Guidance – Onshore Wind Farm Developments

4.1 Powys is affected by SSAs B, C and to a lesser extent D. The Interim Development Control Guidance (IDCG) was originally issued on 14 th February 2006 for consultation purposes as a result of the refinement exercise carried out by Arup White in accordance with TAN8 Annex D. However, this received considerable criticism and resulted in further work being carried out by Arup White to reassess their original recommendations. This has culminated in the revised IDCG which was approved by the Council’s Board on 22 nd April 2008 for development control purposes,

4.2 The weight to be attributed to this document is significant since it derives directly out of, and is in line with, the advice in the MIPPS 01/05 (now superseded by PPW4) and TAN8. Indeed, paragraph 4.3 states that it should be read in conjunction with this national guidance as it does not seek to duplicate the advice contained within it. Nonetheless, it does not carry the weight of the development plan but is an important material consideration in determining this application.

4.3 It commences by setting the scene in terms of national renewable energy policy and development plan policy in Powys. It also notes in paragraph 5.4 that the draft UDP policies predate the strategic search area approach advocated in TAN8, therefore necessitating this interim approach. Nonetheless, as noted previously, the Council has had ample opportunity to include reference to the IDCG in the UDP since the MIPPS and TAN8 were issued in 2005. Whilst this may have involved further consultation, it would have added further weight to be given to the document.

4.4 Paragraph 6.1 sets out the TAN8 targets for the three SSAs in Powys and states that “ Subject to local refinement there is a general presumption in favour of wind farm development within the SSAs “… and that … “ there will be a presumption against any development that may lead to prejudicing the ability of the SSA to meet the respective targets .” For SSA “C” Newtown South, the focus of this assessment, the target is 70MW installed capacity. Nonetheless, it is worth being reminded that paragraph 2.5 of TAN8 advises that the installed capacities are not to be seen as the definitive capacity for the areas and that there may be technical and/or environmental reasons why the capacity is more or less than that indicated.

4.5 Paragraph 6.7 advises that the Council is satisfied that the refinement exercise will deliver the national target whilst recognising that large scale wind energy developments will have significant impacts and will result in significant landscape change. It goes on to say that the Council considers that its refined SSA boundaries represent the maximum potential for the development of large and medium sized windfarm within Powys without creating unacceptable levels of impact when having regard to the full range of planning considerations.

4.6 Map 2 of the Guidance shows the refined Newtown South SSA C, which encompasses the Development.

4.7 It is worth noting that, in the context of issues relating to grid connection, the IDCG acknowledges that the 2010 timetable for targets will be unlikely to be met.

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Nonetheless, the Council seeks to reach decisions on applications as speedily as possible.

4.8 Section 11 provides more detailed guidance and advises that visual and landscape effects will be given special consideration. In particular paragraph 11.3 notes that impacts on the skyline, views and panoramas will be important. The scale of the impact will focus on two primary criteria, that magnitude of effect and the sensitivity of the receptor. As can be seen from the ES and SEI, this mechanism is used in this landscape and visual assessment. Paragraph 11.5 advises that proposals should seek to minimise impacts on local communities and avoid creating the impression of communities being hemmed in by large-scale windfarms. It is expected that turbines will be situated away from plateau edges and skylines.

4.9 Where proposals that could result in cumulative impacts are being considered at the same time, the developers are encouraged to share information and amend projects if necessary to ensure that effects are minimised. With respect to construction traffic, paragraph 11.2.4 advises that the local planning authority will liaise with the Highway Authority and Transport Wales to deliver a strategic approach to road improvements both local to the application site and on the Powys highway network and will seek agreement on the management of construction traffic.

4.10 Section 12 deals with decommissioning and site reinstatement. Whilst this is aimed at the decommissioning at the end of a windfarm’s life, it is also pertinent in this case to the decommissioning of the existing windfarm at Llandinam. However, the advice recommends entering into a Section 106 agreement on this matter but whilst this may be appropriate for decommissioning in 25 years time, it is more appropriate to deal with the removal of the existing 103 turbines and reinstatement by way of a condition.

4.11 The guidance also advises that the County Council will monitor planning applications in the SSAs in order to ensure the delivery of targets. In addition the Council will monitor the negotiation and delivery of community benefits to ensure that aspirations and needs have been met. In this latter respect the Council is proposing to establish the Powys Sustainable Communities Investment Fund which would manage community benefit on behalf of the communities. However, whilst advising that the benefit should be of the order of £5000/MW per annum it also notes that this is not part of the planning process and that developers can choose to negotiate their own community benefit packages.

4.12 Appendices 1 and 2 set out the issues to be considered in preparing a windfarm proposal and the information required for an ES. These have been taken into consideration in preparing the scope and detail of the ES and SEI.

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5 The Need for Development

5.1 Over the past 20 years the need for renewable energy development has become increasingly stronger as the realisation of the potential impacts of climate change and the dependency on imported fuels have increased simultaneously. It is important, therefore, to provide some background to these two aspects of global importance.

5.2 The impact of Climate Change on the world and how it can be mitigated is the principal purpose of the Inter-Governmental Panel on Climate Change and their last report, the Fourth Assessment Report of 2007, reinforced earlier work and concluded that there is a high degree of confidence that the observed changes in climate over the last century have been entirely the result of fossil fuel use and changes in land use resulting from human activity. The Stern Report of November 2006 studied the economic implications of climate change and Executive Summary states that the benefits of strong and early action to limit future climate change considerably outweigh the costs of dealing with the consequences in the future. Inaction over the next few decades would be likely to “… create major disruption to economic and social activity, later in this century and in the next, on a scale similar to those of the great wars and the economic depression of the first half of the 20 th century. And it will be difficult or impossible to reverse these changes. Tackling climate change is the pro-growth strategy for the longer term, and it can be done in a way that does not cap the aspirations of growth of rich or poor countries. The earlier effective action is taken, the less costly it will be .”

5.3 This and earlier work has culminated in series of measures which are now reviewed.

The UK Energy Response to Climate Change

The Energy White Paper 2003

5.4 The evolution of energy policy over 20 years (outlined in Appendix A of the White Paper) culminated in the publication of the Energy White Paper – “ Our Energy Future – creating a low carbon economy 1,” on the 24th February 2003. In this the Government recognised that energy policy to date had not paid enough attention to environmental problems and, as a consequence, the White Paper seeks to ensure that the environment and economic growth were properly and sustainably integrated into energy policy.

5.5 The White Paper re-iterates the threat of climate change (see Appendix A for more detail) and sets the challenge for all developed countries in the world to achieve 60% cuts in greenhouse gases by 2050 and putting the UK on a path towards 60% reductions in CO 2 emissions within the same timeframe.

5.6 The second challenge is to engender security of energy supply since the UK will shortly become a net importer of energy as opposed to currently being a net

1 Energy White Paper – Our energy future – creating a low carbon economy , Department of Trade and Industry, Department for Transport and Department for Environment Food and Rural Affairs, CM5761, February 2003

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exporter of energy. The problems associated with this have not been re-iterated here.

5.7 In order to accommodate a greater penetration of dispersed embedded generation, the current distribution infrastructure, which is designed to supply energy across the country from large centralised generating plant, would require substantial adaptation and modernisation. This will also require greater involvement from the English Regions, Devolved Administrations and local communities complemented by a planning system that is more helpful to investment in renewable energy generation and infrastructure.

5.8 The White Paper does not seek to prescribe the composition of fuel mix but aims to create a long term market and policy framework which will provide business and consumers incentives to find the right balance that will most effectively achieve the overall goals. Nonetheless, it does set out targets for renewable energy, re-stating the Government’s January 2000 announcement 2 for renewables to supply 10% of UK electricity by 2010 and taking this a significant step further in setting out an ambition to achieve 20% of electricity generation from renewables by 2020. The Government has put in place the Renewables Obligation, which took effect in 2003, as part of the market incentives to implement renewable energy (reviewed below). This appears to be fairly similar in its outcomes to the carbon emissions trading scheme, which came into force in the UK in January 2005. By setting caps on emissions this later scheme will provide clear incentives for investment into energy efficiency and cleaner technologies at lowest cost.

5.9 This will not deliver the environmental goals on its own and, together with a range of efficiency measures across all energy consuming sectors, the Government will also provide further encouragement for renewable energy through a more positive approach to land use planning and capital grants for emerging technologies. In this context, the Government (including local Government) aims to set an example to others by improving energy efficiency in its buildings and through its procurement policies.

5.10 The overall aim is to provide sustainable rates of economic growth through, in part, competitive markets providing reliable and affordable energy and laying the foundations for a future in which the energy system is likely to be quite different from that of today, encouraging and supporting innovative research and development of alternative energy systems which would underpin the continued sustainable growth after the demise of the current carbon based economy.

5.11 It is in line with its commitment to integrate the environment into energy policy that the Welsh Government issued the MIPPS01/05 and TAN8 to broaden the remit of the energy strategy, and in order to address the contribution the land use planning system can make to the aims and objectives of the Energy White Paper.

5.12 In 2004 the DTI and Carbon Trust published the Renewables Innovation Review (RIR) 3 the key aims of which were to:

2 New and Renewable Energy, Prospects for the 21 st Century; Conclusion in Response to the Public Consultation 3 Renewables Innovation Review Department of Trade and Industry and The Carbon Trust, February 2004.

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• Identify which are the key renewable technologies for the delivery of the UK targets and aspirations for renewables, the UK’s wider carbon reduction aspirations and for the creation of UK economic benefit; • Identify the barriers to the development and deployment of the key renewable technologies; • Understand better the innovation process in key renewable energy sectors; and • Identify the most cost effective Government measures to facilitate delivery of the UK targets.

5.13 In achieving these aims, the RIR advises that on and off-shore wind power is currently the only economic and scaleable technology which will deliver the majority of the required growth in renewable energy to meet the 2010 target and continue to be the dominant technology out to 2020. This has substantial implications as it is likely that the mix of technologies would, in reality, be more skewed towards wind energy.

5.14 In all, there is substantial evidence that, in order to meet legally binding commitments, there is an overwhelming need to install land based wind energy projects that are “ economically viable and environmentally acceptable ” at a much faster rate than has been the case over the past decade.

The Energy Review

5.15 The Government published the Energy Review in July 2006 as a review of how the UK is making progress towards the goals set out in the Energy White Paper 2003. It reiterates and strengthens the commitment to tackling climate change and achieving secure and clean energy at affordable prices.

5.16 The Review commences by looking at conserving energy but goes on to say that these measures on their own will not be enough to face the challenges we face but that we also need to make the energy we use cleaner. Whilst acknowledging that there is a need to maintain and replace the stock of large centralised energy generating capacity, the Review identifies the advantages of a distributed energy system in that it provides flexibility and reduces losses in the electricity networks. It is considered that most new investment in energy generation will be in renewables, especially wind energy, and gas-fired power stations over the next two decades and proposes a number of measures to improve the market framework to achieve this by making: • a strong commitment to carbon pricing in the UK, through improving the operation of the EU Emissions Trading Scheme • a strengthened commitment to the Renewables Obligation • proposals for reform of the planning regime for electricity projects • a clear statement of our position on new nuclear build • new arrangements for providing improved information about future trends in energy supply.

5.17 With respect to renewables, the Government proposes to extend the level of the Renewables Obligation (RO) to ensure that it always stays above the level of renewables installed, up to a maximum of 20% and out to 2026/27 when the Obligation ceases. The Government is also considering introducing a banding

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mechanism into the RO so that it begins to provide more support to emerging technologies.

5.18 Chapter 7 of the Review considers the planning process and its implications for the implementation of energy projects generally and paragraph 7.5 notes that, where an Inquiry is held as part of the consenting process, the average length of time to gain permission is 3 years and paragraph 7.6 notes the implications of this, some of which are as follows:

• “Individual energy projects are part of large national systems that provide benefits enjoyed by all communities. The areas in which they are located share in these benefits – and may also gain some economic advantage, for example, in terms of employment. But the benefits to society and the wider economy as a whole are much larger. These larger, wider benefits are not always visible to the specific locality in which energy projects are sited. Therefore, local opposition can often be strong. …… • Without a clear Government policy highlighting the strategic national need of a particular type of development, it is difficult for an inspector to give sufficient weight to the national benefits when balancing these against local views. As a result, public inquiries can become embroiled in debates about national issues, rather than focusing on local issues relating to siting of the proposed development. …… • A lack of time limits for the statutory process (both the inquiry and the final decision-making process) makes it difficult for developers to plan construction and procurement of key components, leading to further delays even once consent has been secured. ……. “

5.19 Paragraphs 7.22 to 7.30 consider the issues relating to renewable energy and the planning process and states that substantial delays in consenting proposals are being experienced, with decisions at the local level taking between 10 and 27 months in England and Wales, set against a target for determining 60% of major applications in 13 weeks. In response the Government has decided to give greater clarity on strategic issues relating to renewables and has published a clear statement of need in Annex D of the Review. This is to be regarded as a material consideration in determining applications such as the Development. The Government also intends on introducing a new Planning Policy Statement on Climate Change which will set out how “ Participants in the planning process .. [can] .. work towards the reduction of carbon emissions in the location, siting and design of new development ” and includes looking at the scope of renewables in delivering this objective.

5.20 Annex D is entitled “Renewables Statement of Need” and commences by stating that the annex is intended to reconfirm the UK Government policy context for planning decisions on renewable energy projects. It states that the UK faces difficult challenges in meeting its energy policy goal and that renewable energy “ … is central to reducing carbon emissions and maintaining the reliability of our energy supplies at a time when our indigenous fossil fuels are declining more rapidly than expected .” Importantly, it goes on to say: “New renewable projects may not always appear to convey any particular local benefit, but they provide crucial national benefits. Individual renewable projects are part of a growing proportion of low-carbon generation that provides benefits shared by all communities both through reduced emissions and more diverse supplies of energy, which helps the reliability of our supplies. This factor is a material consideration to which all participants in the planning system should give significant weight when considering

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renewable proposals. These wider benefits are not always immediately visible to the specific locality in which the project is sited. However, the benefits to society and the wider economy as a whole are significant and this must be reflected in the weight given to these considerations by decision makers in reaching their decisions.”

5.21 Therefore, the Energy Review, especially Annex D, is an important material consideration in reaching a decision on the Development.

Meeting the Energy Challenge – A White Paper on Energy, May 2007

5.22 This paper is an extension of the Energy Review, which re-emphasises the importance of acting now to avoid the most serious effects of climate change in the future. The Executive summary notes that more than two thirds of the world’s carbon emissions come from the way we produce and use energy and makes reference to the Stern report which concluded that, in the long term, the cost of inaction would be far higher than the cost of tackling climate change now. It is this that has driven the measures that are being advocated in this White Paper.

5.23 The strategy of the document is three fold; to save energy, develop cleaner energy supplies and to secure reliable energy supplies at prices set in competitive markets. Clearly much of it concentrates on the first of these, but it also acknowledges that this on its own would not be sufficient to meet the stringent targets that are set out in the previous White Papers and re stated in this one. We must also continue to develop cleaner large scale electricity generation in a distributed energy system.

5.24 In order to facilitate the implementation of renewable energy, the government intends to strengthen the Renewable Obligation (RO) in order to achieve a predicted 40% greater deployment of renewables between 2009 and 2015 than the current regime. This clearly indicates the Government’s strong commitment to renewable energy. Whilst the white Paper proposes banding the RO to encourage other technologies to come forward sooner, this would not affect onshore wind energy as the support would remain the same as is currently available. This topic is currently the subject of another consultation process.

5.25 The white paper recognises that the planning process is one of the most significant barriers to the deployment of renewable energy. Paragraph 5.3.67 states: – Underlining that applicants will no longer have to demonstrate either the overall need for renewable energy or for their particular proposal to be sited in a particular location; – Creating the expectation amongst applicants that any substantial new proposed developments would need to source a significant of their energy supply from low carbon sources (including on and off site renewables; – Encouraging planners to help create an attractive environment for innovation and in which the private sector can bring forward investment in renewable and low carbon technologies; and – Giving a clear steer to planning professionals and local authority decision makers, that in considering applications they should look favourably on renewable energy developments.

5.26 Chapter 5 of the White Paper restates Annex D of the Energy Review, noted in paragraph 5.18 above, providing a sense of exasperation on the part of the

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Government that renewable energy projects are not being consented in a timely and favourable fashion. Indeed, it seems that with each energy review, the government provides a stronger and stronger commitment to deploy renewables at a rate to ensure an increase diversity of electricity supply and a reduced on reliance on fuel imports such as gas.

The Renewables Obligation

5.27 In August 2001, the Government issued its proposals to radically change the mechanism for support for renewable energy 4. This is called the Renewables Obligation and introduced the concept of Renewable Obligation Certificates (ROCs), which are issued for each MWh generated within the UK and its territorial waters over a specified period. The most important aspect of this mechanism is that ROCs are tradable. Another key aspect is that this support mechanism is divorced from the planning system, unlike the former Non Fossil Fuel Obligation (NFFO) system.

5.28 The Renewables Obligation requires that electricity suppliers source increasing amounts of electricity from renewable resources over the coming years, culminating in a target of 10.4% by March 2011. Failure to reach each of the annual targets will render the supplier liable to a levy on each unit of electricity under supplied. The start price was set at £30/MWh and the Renewable Obligation Order 2006 5 has set a target of 6.7% of electricity to be derived from renewable sources by March 2007 at a buy-out of £33.24/MWh. Suppliers who cannot source electricity from renewable resources efficiently in the competitive market will opt to pay the levy. In this context, onshore wind energy and landfill gas are the only technologies that have achieved competitive prices in recent years.

5.29 In December 2003, the Government announced the extension of the Renewables Obligation to achieve 15% of electricity supplies from renewable resources by 2015. This has provided greater stability in the market and firmly sets the Government on the road to achieving the 2020 aspirations of 20% renewables.

5.30 The cost of the Renewables Obligation is met by the consumer. However, this will only add an estimated 5.7% to electricity bills across the country in 2010, when 10% of the country’s electricity should be derived from renewable resources.

5.31 In May 2007, the Government issued proposals for consultation to reform the Renewables Obligation in order to encourage other forms of renewable energy technologies. The Government responded to the consultation in January 2008, maintaining the ROC levels for on-shore wind energy at 1ROC per MWh generated. Offshore wind, because of the higher than anticipated capital costs of these projects, is expected to receive 1.5ROCs per MWh generated.

The Carbon Emissions Trading Scheme

4 New and Renewable Energy prospects for the 21 st Century The Renewable Obligation Statutory Consultation , Department of Trade and Industry, August 2001 5 The Renewables Obligation Order 2006; SI…./2006

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5.32 The Carbon Emissions Trading Scheme came into force in January 2005 and is neatly summarised in the national Audit Office report of February 2005 6 as follows: “This applies to carbon dioxide emissions from a number of industrial sectors, including power stations that generate electricity from fossil fuels. Firms that emit carbon dioxide can choose either to reduce their own emissions or buy allowances from other firms in Europe who have spare allowances to sell. As total allowances are reduced over time, the EU Scheme will increasingly push up the cost of producing electricity from fossil fuels and, thus, is expected to increase the wholesale electricity price. “

5.33 Renewable energy generators are exempt from the scheme but benefit indirectly because of the increased wholesale electricity prices.

UK Renewable Energy Strategy (July 2009)

5.34 In January 2008, the European Union published a proposed Directive on the promotion of the use of energy from renewable resources which set out the objective of achieving 20% of all energy in the EU to be derived from renewable resources. The 20% was not just the production of electricity but also included the energy consuming sectors of transport and heat. This proposed Directive established targets for each Member state, some more and some less than the 20% aggregate target. Whilst the UK target, at 15%, may be considered to be low it must be noted that this involved the greatest increase of renewable energy up to 2020 of any Member state.

5.35 Each country was directed to produce a strategy for achieving its allocated 2020 target and, in response to this, the UK Government published the UK Renewable Energy Strategy for consultation in June 2008. Almost 750 representations were made on the consultation document and the Government published its response to these in January 2009.

5.36 In April 2009, the EU issued the final form of the Directive (Directive 2009/28/EC) 7 which confirmed the 15% target for the UK making it legally binding on all Member states to achieve their respective targets. In July 2009 the Government published its final form of the UK Renewable Energy Strategy RES (RES) along with the UK Low Carbon Transition Plan which provides the overarching strategy for reducing carbon emissions to meet the requirements of the Climate Change Act 2008.

5.37 The RES proposes a “lead scenario” which has been established through an analysis of the impacts, costs and benefits of different mechanisms to achieve the 2020 target. Paragraph 2.10 explains that “ The choice of lead scenario was made through balancing a number of key considerations including: cost-effectiveness and impact on consumer prices; sustainability; an assessment of the deployment potential of different technologies; the impact on electricity security of supply; the level of carbon abatement; compatibility with longer–term climate change goals; and the need to engage communities and individuals.”

6 Renewable Energy – National Audit Office, Report by the Comptroller and Auditor General; HC 210 Session 2004-2005, 11 February 2005 7 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:140:0016:0062:EN:PDF

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5.38 Of the three energy sectors of heat, transport and electricity generation, it is clear that the latter is the most advanced and commercially able to respond to such demanding targets. As such, the Government proposes that some 30% of our electricity supply, 12% of our heat supply and 10% of our transport supply should come from renewable resources by 2020. In real terms, the 30% of electricity supply corresponds to about 117TWh of electricity each year and it is estimated that this would require some 38,000MW of installed capacity by 2020. In contrast, in 2008 the UK generating capacity was some 6,500MW, of which about 3000MW was derived from both on and off shore wind. Through the range of factors considered in evaluating the lead scenario, wind energy is expected to contribute about 27,000MW (comprising 14,000MW of onshore wind and 13,000MW of offshore wind) of the 38,000MW 2020 target.

5.39 In terms of onshore wind energy, this means an almost 5 fold increase of the total wind energy capacity installed over the last 18 years up to 2008 to be achieved in just over ten years. This is clearly a very demanding objective and places considerable weight on the contribution of any wind energy project to meeting this goal.

5.40 The Government has set a trajectory with interim targets to ensure that the required 15% of final energy demand is met. Paragraph 2.38 states that the “ … earliest interim target (2011-12) will be the most challenging, since the amount we are able to increase deployment over the next two years will be limited by the time it takes to plan, finance and build renewable energy infrastructure. Moreover, the heat sector will be unlikely to start making a significant contribution until the introduction of the Renewable Heat Incentive in 2011. ”

5.41 Chapter 4 of the UKRES sets out measures to ensure that there is a swifter delivery of renewable energy in order to meet targets. Paragraph 4.9 states that “The planning system plays a central role in delivering the infrastructure we need to reduce our carbon emissions and ensure continued security of energy supply. Equally the planning system plays a vital role in safeguarding our landscape and natural heritage and allowing communities and individuals the opportunity to shape where they live and work. ” Paragraph 4.10 goes on to say “ We therefore need to ensure that the planning system properly reflects the range of interests in land use, applies existing safeguards to protect areas where development may not be appropriate, but delivers swift, consistent and effective decisions in areas where development is appropriate. ”

5.42 Overall, therefore, it is considered that the demanding and legally binding targets set out in the EU Directive and the UKRES mean that substantial weight must be attributed to renewable energy proposals that will contribute to those targets, especially in the short term in order to meet the 2011-12 interim target.

National Renewable Energy Action Plan for the UK (June 2010)

5.43 This document was published in response to the requirements of Article 4 of the EU Renewable Energy Directive 2009 in which the UK is a set a target to achieve 15% of its energy consumption from renewable sources by 2020. It is the formal response to the European Union but it is derived out of the findings of the UK Renewable Energy Strategy. Indeed, it sets out the same mechanism of achieving the 15% target, namely that renewable energy will supply about 30% of electricity demand, 12% of heat demand and 10% of transport demand. It goes on to state that this should not be taken as the upper limit to the UK ambition for renewables

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deployment and that, as we go forward, the balance between these different sectors is likely to change. 5.44 The Executive Summary notes that whilst there has been a small increase in renewable energy use in recent years, there will have to be a much greater level of deployment over the next decade in order to meet the target. Chart 1 shows that current energy consumed from renewable sources in the UK stands at about 3%. This will require a five-fold increase to achieve 15% by 2020. 5.45 The policy framework is made up of three key elements including financial support, unblocking barriers to delivery and developing emerging technologies. Of most relevance to the Llandinam proposal is the 2 nd of these elements, and it is identified that the planning system, supply chains and connection to grid are significant barriers to delivery at present. With respect to planning, the Government’s main tool for speeding up the consenting process is the publication of the National Policy Statements on energy and these have been considered above and in Section 7 of this Appraisal Addendum. 5.46 This document is important as it is a statement of intent with respect to renewable energy by the present Coalition Government. It clearly shows that whilst there has been a change in government in the UK, there is little change in aims and objectives in the context of renewable energy.

The UK Renewable Energy Roadmap (July 2011)

5.47 The RoadMap states that the document is “ the UK’s first Renewable Energy Roadmap ” and that it “ sets out our shared approach to unlocking our renewable energy potential ”. The Roadmap is the latest expression of Government policy on renewable energy and sets out a deployment strategy and should be afforded significant weight. It explains that the ambition extends beyond 2020 and there is reference to the recent advice from the Committee on Climate Change (CCC) which has concluded that there is scope for penetration of renewable energy to meet 30 – 45% of all energy consumed in the UK by 2030. The document sets out an analysis of recent trends in renewables deployment and the pipeline of projects that could come forward before 2020, as well as barriers to be overcome, and sets out a targeted programme of action that the Government is taking to increase renewables deployment, with a delivery plan to achieve the UK’s renewable energy target over the next decade, based upon potential deployment levels and current constraints.

Electricity Market Reform White Paper (July 2011)

5.48 The Electricity Market Reform (EMR) White Paper aims to encourage investment in the electricity system to ensure security of supply and a cleaner more diverse electricity mix in the most cost effective way. It is submitted that the White Paper is a material consideration that should be afford significant weight, as it provides a full submission of the Government’s position and stance on decarbonisation and security of supply. It asserts the importance of onshore wind as a mature technology through which a substantial part of the pressing renewables shortfall will be realised. The threat of climate change is both “urgent” and “grave”. It is further submitted that the EMR White Paper should be read in conjunction with the UK Renewable Energy Roadmap.

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The Welsh Energy Response

5.34 Following the UK Government response to the EU Directive, the Welsh Government published the Energy Policy Statement in March 2010 (EPS) which sets out the Welsh response to the EU Directive and the UKRES. This recent expression of Welsh policy is an important material consideration in the determination of the application for consent for the Proposed Development.

5.35 The EPS has far reaching implications for renewable energy in Wales, not least in that it will have significant consequences for the targets set out in TAN 8. It states “…Based on Wales’ natural advantages in areas such as wind and marine renewable resources, our aim will be to renewably generate up to twice as much electricity annually by 2025 as we use today and by 2050, at the least, be in a position where almost all of our local energy needs, whether heat, electrical power or vehicle transport, can be met by low carbon electricity production .” It goes on to say that “.. In addition to the threat posed by climate change, we also face increasing uncertainty about the future availability of fossil fuels as more countries compete for them and when a number a remaining reserves face significant geopolitical issues. …. Our commitment to action on climate change here in Wales is based on a scientific imperative to act urgently to reduce emissions ”

5.36 The EPS sets out actions on energy efficiency and small scale renewables and aims to generate a significant proportion of energy at a local or domestic level. However, it is recognised that large scale deployment of renewables is also necessary to meet such demanding aims and sets out in Appendix 1 a potential scenario to achieve this. This is reproduced as follows:

Appendix 1: Wales’ “sustainable” renewable energy potential to 2020/2025

Technology Capacity Total Load Annual Deliverable kWh/d/p either capacity Factor energy in main by in Wales operational (GW) (%) output or (TWhr) consented (GW)* Onshore 0.7 2 30 5 2015/17 4.5 wind Offshore 0.9 6 40 21 (of 2015/16 15.5 wind which 20% shared with England) Biomass 0.5 1 75 7 2020 3 imports (electricity) and 3 indigenous Tidal range 0 8.5 25 18 (of 2022 8 which 50% shared with England) Tidal 0 4 25 9 2025 8

AP&E CeltPower Limited 29 Llandinam Windfarm Repowering and Extension Planning Appraisal December 2011 stream/wave Local Data 1 10 1 2020 1 electricity currently generation not (PV, wind, available hydro) Electricity 2 GW 22.5GW - 48 43 sub totals in Wales

Appendix 1: Wales’ “sustainable” renewable energy potential to 2020/2025 * capacity either operational or consented as at 1 October 2009

5.37 With respect to large scale renewable energy development, Section 3 sets out the main actions to produce low carbon electricity on a large scale. With respect to onshore wind, the aim is to produce some 4.5kWh/day /person in Wales and it sets out a number of mechanisms to achieve this of which the principal one is to optimise the use of existing strategic search areas set out in TAN8.

5.38 The recent reassessment and validation of the Strategic Search Areas by Arup 8 shows that approximately 2500MW of installed capacity is either operational, consented or has started the planning process through pre-application discussions with Local Authorities or IPC. Of these, 1944MW is located within the SSAs and a further 362MW is located within 5km of an SSA (paragraph 6.1). Therefore, it is clear that the study expects that most, if not all, the projects that are within or close to the SSAs will gain consent. The converse is that if a number of projects that are currently in the planning process are refused consent, then targets are unlikely to be met, and the delivery of schemes on the ground is at the end of the day what the targets are all about.

5.39 It is noted that the First Minister, Carwyn Jones, recently provided a written statement (17 th June 2011) 9 on renewable energy. To some extent, this would appear to contradict the aspirations of the EPS by stating that the capacities for the Strategic Search Areas identified within TAN8 should be regarded as the upper limit of onshore wind deployment. As shown in the Arup (2010) report, the current level of interest within and around the SSAs is more than double that set out in TAN8. However, it is implicit in the statement that the principle reason for the First Minister’s approach is the necessity to install ” large obtrusive pylons ” to provide for this “ overcapacity ”. The statement goes on to say that “ .. We contend that the level of capacity within the Strategic Search Areas which we set in 2005 would negate the need for the large obtrusive pylons which are causing such concern. ” This specifically applies to Mid Wales.

5.40 In this context, it is worth referring back to the original studies that underpinned the capacity identified in the TAN8 SSAs contained win the final Arup Report (2004) 10 and particularly Appendix C 11 which considered the grid connection capacities for

8 Ove Arup & Partners, Strategic Search Area Reassessment and Validation – Research Report to the Welsh Assembly Government; July 2010

9 http://wales.gov.uk/about/cabinet/cabinetstatements/2011/110617plan/?lang=en 10 http://wales.gov.uk/desh/research/planning/renewableenergy/main1e.pdf?lang=en 11 http://wales.gov.uk/desh/research/planning/renewableenergy/appaee.pdf?lang=en

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existing and planned (at that time) upgrades to the grid. The proposed upgrades would not involve any electrical infrastructure of more than 132kV and, according to the study in Appendix C, would be able to accommodate an additional 384MW in mid Wales which would provide connections for wind farms in SSAs B, C and D. However, TAN8 shows that the planned capacities for these SSAs amount to 500MW. Therefore, there would need to be additional grid infrastructure beyond that planned for Mid Wales which would be likely to require infrastructure of 275kV or greater in order to provide for this proposed capacity. In this context the First Minister’s statement is factually incorrect.

5.41 Other factors that lead to anomalies within the statement include: - The statement endorses the EPS; - The EPS sets out a target for Wales to generate electricity from renewable sources of twice the electricity consumption in Wales; - The EPS states that the promotion of renewable energy reduces the need for new nuclear power stations; - Since the publication of the EPS, the UK Government has decided to postpone indefinitely the development of the Severn Barrage, principally on the grounds of the capital cost involved and environmental impact. This would have provided 9TWh of renewable electricity and played a major role in meeting of the Welsh Government’s targets as set out in the EPS. - The statement does not identify how the shortfall of 9TWh would be made up; - The report into the Severn Tidal Power Feasibility Study conclusions 12 identifies wind energy as a more cost effective means of meeting long term energy targets. - The EPS notes that grid connections should be provided sensitively including undergrounding in locations where they would otherwise impact on protected landscapes. There are no protected landscapes within the areas where grid upgrades would be necessary in Mid Wales.

5.42 Notwithstanding the First Minister’s statement, in order to achieve EU, UK and Wales renewable energy targets and aspirations in an environmentally acceptable and cost effective manner, it is concluded that there is a strong imperative to permit all those developments within and close to SSAs, such as the Proposed Development. The impact of the First Minister’s statement on the proposed Development is considered in chapter 6.

How does Wales measure up to the targets?

5.43 The purpose of setting targets is to provide indicators as to whether these ambitions are being, or likely to be, reached. In this context, it is worth looking at what has happened in the wind industry over the past few years. This will then inform the decision maker as to the weight to be given to the benefits of the Development in terms of reduced emissions, which in Wales is determined by the targets for installed capacity as set out in the PPW4 and TAN8.

12 www.decc.gov.uk/en/content/cms/meeting_energy/wave_tidal/severn_tidal_power/severn_tidal_power .aspx

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5.44 To date in the UK as a whole there are in excess of 3410 onshore and offshore wind turbines operational with an installed capacity of about 5.7GW. This provides enough electricity to meet the annual needs of more than 3.2 million households 13 and displaces just under 6.48 million tonnes of CO 2 each year . However, this must be viewed in the context of targets for 2010; the 10% target approximates to about 10GW installed operational renewable energy capacity, of which wind is expected to meet some 75% of this. The current figure of 5.7GW has been achieved over the last 15 years, although some 540 MW was commissioned in 2010 alone and a further 1.36GW onshore wind consented. Thus, even a year late the 2010 targets for the whole of the UK have not yet been met.

5.45 It is also worth noting that the majority of UK wide projects have been implemented in Scotland and England, both on and offshore. Conversely, the rate of implementation of projects in Wales over the last four years has been very low indeed. The BWEA website notes the following:

Table 4.1 – Onshore wind energy statistics 2007 to 2010 (BWEA) (Figures in MW)

2007 Submissions Approvals Refusals Built England 377 272 218 88 Scotland 568 620 532 227 Wales 134 117 48 0 2008 England 673.5 386.11 356.25 192.45 Scotland 857.95 1,297.75 1,101.7 266.5 Wales 381.95 76.25 96.0 15.60 2009 England 854.98 424.5 350.8 145.75 Scotland 1,487.00 583.82 298.2 535.78 Wales 681.4 130.5 8.9 54.6 20010 England 515.28 434.05 750.3 97.13 Scotland 1,054.53 719.65 363.9 376.4 Wales 200.8 37.6 65.4 9.7

5.27 It is clear that, despite the introduction of TAN8 in Wales, wind energy deployment has barely changed with only about 362MW consented and 81MW constructed between 2007 and 2010 inclusive, with no projects constructed in 2007. This compares to Scotland and England, where consented projects amounted to approximately 3,222MW and 1517MW respectively, and built projects totalled some 1406MW and 523MW respectively.

13 See BWEA website www.bwea.com – wind energy database.

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5.28 If we look at the details of the delivery to date of wind farms in Wales, the intention of TAN8 was that an extra 800MW of onshore wind would be consented and installed in the SSAs between 2005 and 2010, with a further 200MW being delivered through other means including offshore. By July 2005, there had been 254.8MW installed onshore in Wales, including Tir Mostyn which started generating in July 2005, with two more sites consented and under construction at Mynydd Clogau and Ffynnon Oer (14.5 and 32MW respectively) taking the effective pre-TAN8 figure up to 301.3MW. By contrast, since these consents were given, the number of new permissions that were given and implemented by 2010 amounted to only 110.45M and even today, another year on, has only risen to 114.35MW. Again it needs to be stressed that what TAN8 was all about was delivering a stated amount of electricity to the grid, and not a stated amount of planning permissions by the end date of 2010.

5.29 Given the lead-in time for major infrastructure projects even after planning permission has been obtained, this is a crucial key to understanding where we are today. Even the picture with regard to consents does not make impressive reading either. By the end of December 2010, permission had been granted for a further 241.8MW. As of the end of 2011, even if all the consented sites were added to the post TAN8 figure of generating sites, that would only amount to about 352MW, which is well under half of the total of 800MW needed under TAN8 by 2010, and none of these consented sites have of course actually contributed to the target of delivery by the end of 2010. While there are a lot of applications within the planning system, including a number of developments under Section 36 of the Electricity Act 1989 (the level that would now come under the IPC) it needs to be noted that the figure for built and consented wind farms onshore in Wales is only about 653MW today, and the figure of 2000MW in the March 2010 Energy Policy Statement and also now in PPW 2011 will require a further 1370MW to be consented, built and linked to the grid in just seven years – more than double what has been achieved after nearly 20 years of wind energy development in Wales and in only a third of the time at best. A summary of the position on TAN8 to date is set out below.

Table 4.2 – Summary of Built and Consented wind energy projects in Wales 2005 to 2011 A) Wind farms consented and built before TAN8 of July 2005 254.8MW B) Wind farms consented before TAN8 (July 2005) but 46.5MW completed after it C) Wind farms consented and built after TAN8 in July 2005 114.35MW D) Wind farms consented after TAN8 but not yet built 238.3MW Total installed capacity on pre-TAN8 sites (A plus B) 301.8MW Total built or consented post TAN8 (C plus D) 352.65MW

5.30 It is, therefore, essential that there is a step change in the deployment of onshore wind energy projects, especially those within or close to SSAs where it is acknowledged in TAN8 Annex D that there will be a significant change in landscape character and the implication that this is acceptable in the context of achieving national and international targets. Indeed, it is implicit in the Arup (2010) report noted above that, in order for there to be any chance of meeting targets set

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out in the EPS, all current proposals within or close to the Strategic Search Areas would have to be consented, including the Development being considered here.

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6 The Benefits of the Llandinam Windfarm Repowering and Extension

6.1 The principle purpose of implementing renewable energy projects is to reduce carbon emissions in order to combat climate change. There are additional benefits in terms of reduced emissions in oxides of sulphur and nitrogen, which contribute to acid rain. Each MW of electricity generated from a renewable resources means that a MW of electricity does not have to be generated from a conventional power station. The power stations that accommodate the fluctuations in consumer demand, both domestic and industrial, are powered by either coal or gas (nuclear and renewable power are not able to accommodate fluctuations as easily). Thus, there is a direct relationship between the energy generated by renewable resources and the reduction in carbon emissions. However, it must be noted that there is considerable discussion as to whether the electricity displaced is derived from gas or coal sources or a mix of the two. The proportions generated from gas or coal are also likely to change over time.

6.2 The ES discusses this issue in detail and assumes two factors. The first is taken from Scottish Natural Heritage Guidance, which advises that a figure of 0.78 tonnes equivalent (te) of CO 2/MWh be used. This represents a best-case scenario since it assumes that it is generally electricity generated from coal sources that is replaced. The second figure used is that of the average UK generating mix of 0.43te CO 2/MWh that is replaced. This is a worst-case scenario because it also includes electricity generated from renewable sources, as well as nuclear, which, as noted above, do not generate “at the margin”. Nonetheless, appeal decisions that have considered this matter have used a range of figures in calculating savings in carbon emissions and these two figures represent a likely range.

Environmental Benefits

6.3 In the context of the above, and with specific regard to the Llandinam Windfarm, the SEI demonstrates that the project, on the basis of thirty nine 2.3MW turbines, will bring about the following benefits:

CO 2 ~ 82,500 to 239,300 tonnes/annum Over the 25 year lifetime of the project this would amount to:

CO 2 ~ 1.9 to 5.8 million tonnes (taking into account the loss during construction).

6.4 There will also be substantial savings in emissions of oxides of sulphur and nitrogen, and these too will vary depending on which generating source of electricity the energy from the windfarm replaces.

6.5 Based on an average energy consumption per household of 4.7MWh per year 14 the scheme would supply, on average, sufficient electricity for the equivalent of

14 This figure is derived from the average household energy consumption figure currently used by the British Wind Energy Association, which has been endorsed through a series of decisions through the Advertising Standards Authority.

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over 46,800 households, providing almost 90% of the energy for all the households in Powys (53,864 households according to the 2001 census 15 ).

6.6 The power generated by embedded generators such as wind power is likely to be consumed within the region. It is currently envisaged that the proposal will feed into the local distribution network connecting into an existing sub station at Welshpool. Much of the energy will be distributed in the locality but there may be times when the power from the windfarm would exceed consumption, such as on windy nights when the windfarm is operating at its rated output and the industrial and domestic consumption is reduced. Moreover, as more windfarms are commissioned in order to meet the Welsh Government targets, the more likely that the energy produced from renewable resources will feed into the national grid and distributed around the country. However, for the near future, the proposal will for the most part have the additional benefit of minimising losses in the national grid transmission system. This is understood to amount to about 7% of electrical energy generated.

6.7 Another very important aspect of non-combustion renewable energy sources is that they very rapidly recoup the energy cost of their production, transportation, construction and decommissioning. The SEI notes that this is likely to take between 0.7 and 2.7 years for the project to “payback” all the energy used depending on which source of electricity the proposal replaces. This cannot happen in the case of combustion based energy generation. Even biomass plant cannot recoup the CO 2 spent in its construction, transportation of biomass materials or decommissioning since the CO 2 balance in this case only relates to the material combusted. Thus wind energy provides substantial net benefit in terms of combating carbon emissions.

6.8 Finally the proposal would make a very important contribution to the targets for SSA “C” and the new national target of 2000MW of onshore wind by 20915-17. The existing Llandinam windfarm forms part of the base line renewable energy generation over and above which the original 2010 target of 800MW of onshore wind energy was established. Thus the 30.9MW lost due to the decommissioning of the existing turbines would be replaced and exceeded by the proposed repowering and extension. As such the proposal would make a contribution of 58.8MW to the new SSA “C” target based on the use of a 2.3MW machine. If a 3MW turbine is used the contribution will be greater still (86.1MW). The proposal would also make a considerable contribution to the national target of achieving 5TWh of electricity from onshore wind by 2015 to 2017.

6.9 With respect to the recent statement by the First Minister referred to in the last chapter and referring to capping onshore wind energy development to that set out in TAN8, this is primarily driven by concerns raised in relation to the proposed upgrading of the electricity grid infrastructure in Mid Wales to accommodate the substantial level of potential generating capacity within SSAs B, C and D. However, in this context it is very important to note that the proposed Development would not be dependent on any of the grid improvements to which the First Minister refers as the developer has signed a grid connection offer made by SPManweb (see Chapter 4 of the ES (2008)) and utilises the remaining capacity on the existing grid infrastructure. Therefore, granting consent for the proposed Development would not create conflict with the objectives of the Statement. It is considered that this is an important factor to take into account in the balance to which significant weight should be given. Finally, it should be noted that one of the

15 http://www.powys.gov.uk/rep_2004-05-24cc1_83a_en.pdf?id=47&L=0

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elements of TAN8 was that it envisaged the repowering of older wind farms both inside and outside the SSAs as a potential contribution towards the overall targets.

6.10 It is clear that these benefits make an important contribution to National Policy, Targets and statements on renewable energy.

Local Economic Benefits

6.11 Local economic benefits can be summarised as:

• 13 short term jobs created as a result of the decommissioning of the existing windfarm; • Local and regional employment during construction and operation of up to 175 people during the 25 month construction period; • An investment of approximately £130 million into the Development. Based on economic impact assessments of windfarm construction (Ref. 13-5) an estimated 30% of this (in excess of £40 million) could go to procurement of goods and services from contractors and suppliers in Wales. See SEI chapter 13 • Civil engineering works and electrical contracts for which local and regional companies will be invited to bid. Other local benefits include: – Quarries and concrete suppliers; – Steel reinforcing suppliers and fixers; – Road haulage companies; – Plant hire companies; – Ancillary workers (e.g. fencing, timber trades, hotels). • Community benefits package for projects and initiatives benefiting the immediate local community; • Steady income stream for landowners, which could help facilitate diversification in farming activities and hence contribute to the long term security of the farming operations; • Provision of an educational resource for schools and universities; • Based on experience in Scotland, the Developer intends to work in partnership with local stakeholders in the area to ensure potential opportunities are communicated to the business community and benefits are maximised to create sustainable jobs in rural areas through: o Raising awareness amongst the potential work force; o Turbine specific construction / installation training via local Colleges; and o Training sessions and ‘meet the developer’ drop-in sessions for local companies to help them in preparation for tendering for renewable energy work.

6.12 The Trust fund for the community benefit is based on the rated capacity of the windfarm and should increase the present figure by a factor of nine (from £20k currently to approx £180k). Whilst TAN8 expressly states that this is not material to the planning consenting process, it is clear that such funds would make significant contribution to the wider planning goals of the maintaining and

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strengthening the economic and social fabric of the local communities, as well as supporting local projects encouraging greater domestic energy efficiency.

6.13 These are substantial benefits, particularly in respect of the relatively small number of wind turbines and the limited overall environmental effects as shown in the ES and SEI. The following section sets out the environmental effects and benefits of the proposal within the planning framework relevant to Powys County Council.

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7 Planning Appraisal of the Llandinam Windfarm

7.1 This section examines each of the issues considered in the ES and SEI and assesses them in the context of the planning policy framework discussed previously and detailed in Chapter 5: Planning Policy Context of the SEI.

7.2 The Development has been amended in the light of post application comments received from consultees. These amendments are set out in Chapter 4 of the SEI and principally involve the removal of three turbines in the north-western part of the site, the relocation of 12 wind turbines by up to 124m and the redesign of the track layout to ensure a greater proportion of the existing tracks are utilised in the repowering scheme.

7.3 These amendments have been re-assessed in the SEI and have resulted in some changes in the extent of significant impacts on the environment. A summary of the amendments made to the site design are set out briefly as follows: • The removal of three turbines (T22, T23 and T24) in the north-western part of the site; • The relocation of twelve turbines from that presented in the original ES, as follows: - Turbine 3, by 65 metres (m) to the northeast; - Turbine 4, by 23 m to the southeast; - Turbine 7, by 56 m to the southeast; - Turbine 8, by 17 m to the southeast; - Turbine 13, by 27 m to the west; - Turbine 14, by 14 m to the northwest; - Turbine 18, by 54 m to the north; - Turbine 25, by 82 m to the southwest; - Turbine 30, by 33 m to the south; - Turbine 36, by 48 m to the south; - Turbine 40, by 42 m to the west; - Turbine 41, by 124 m to the southwest.

• Relocation of two permanent met masts • The relocation of the electrical substation approximately 35 m north of its position in the original ES, taking it closer to the existing control building and at the edge of the field boundary, and with a revised footprint of approximately 84 m by 56 m (compared with 35 m by 120 m in the original ES); and • A revised access track layout, taking into account the above changes, to reuse more of the existing tracks, and minimise the impact on peat and valley mire habitats.

7.4 Since the submission of the original application for consent, the Coalition Government has published the final National Policy Statements for Energy, including the Overarching Statement (EN-1) and Renewable Energy (EN-3). Since these are likely to be the starting point for any decision making process in relation to the proposed Development, each topic is considered separately in the light of this guidance.

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Landscape and Visual Issues

Ancillary Works, Buildings and Structures

7.5 The Landscape Assessment identifies the 39 turbines as the main element of the Llandinam proposal. The assessment also considers the ancillary parts of the proposal, including the site tracks, borrow pits, wind monitoring masts and sub station/control building and it concludes that these would result in a major/moderate effect on the fabric of the landscape of the site. The main points that can be drawn from the ES are:

1. The land-take for Development infrastructure is approximately 30.0 hectares (ha), 2.3% of the total site area of approximately 1,307 ha, and in this context, loss of landscape fabric would be small; 2. Existing tracks have been utilised where possible. The revised layout has sought to utilise as much of the existing track as possible and has resulted in about 12.7km of existing tracks to be upgraded and the construction of 11.6km of new track. There is a considerable reduction in the construction of new track compared to the originally proposed 19km. All tracks will match as closely as possible the character and appearance of the existing tracks; 3. The methods used for site reinstatement will form an integral part of a decommissioning and restoration programme which will be submitted to and approved by the Council prior to the commencement of development. This can be ensured by way of a condition. 4. Existing turbines will be dismantled and removed from site entirely; 5. The turbine and transformer bases will be removed to 1m below ground level and backfilled and topsoiled in accordance with the decommissioning statement; 6. It is anticipated that the stone for the track upgrading and construction will be obtained on site, utilising the three existing borrow pits and opening a further five new borrow pits. All proposed borrow pits have been located and designed to minimise potential visual and landscape effects; 7. Reinstatement of tracks, hardstandings and borrow pits will utilise the upper soil/peat horizon stripped prior to excavation and suitably stored on site for such purposes; 8. Borrow pits may be partially filled with unsuitable or surplus site materials and re-contoured to minimise landscape and visual impacts; 9. The details relating to re-instatement will form part of a decommissioning and construction restoration programme to be submitted to and approved by the local planning authority prior to the commencement of works on site; 10. In order to minimise works on site, the existing office and control building will be utilised for the proposed windfarm. However, a new substation will be required in the form of a single storey building not exceeding 84m by 56m. This will be located to the south of the existing offices and will be screened by existing woodland and rising landform to the east; 11. The final design will depend on the turbine selected for the site and may well be smaller. Details of the substation layout and external finishes and fittings to the building will be submitted to and approved by the local planning authority; 12. All cabling between the proposed turbines and sub station/control building would be located underground;

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13. Two temporary compounds will be required during the decommissioning and construction period, one for the northern site and one for the southern site, and have been located to minimise the temporary visual effects of the proposal; 14. The temporary compounds will be removed entirely, including all stone, topsoiled with stored material and allowed to vegetate naturally from the seed bank within the soil, all in accordance with the decommissioning and construction restoration programme; 15. The SEI identifies the total habitat within the application site affected by the Development (excluding the 1.0 ha along the access track) as being reduced from 89 ha (including for temporary works and notwithstanding that much of this will be reinstated) to 57 ha, a substantial reduction of about 35.7%.

7.6 Whilst the ES and SEI find that the effects on landscape fabric are significant, the planning policies require that siting, design, aspect and screening should be given special consideration and should be designed to adequately blend into their setting. The proposal has been the subject of several iterations, especially the proposed tracks, in order to minimise the potential effects on the environment, including visual effects. It is emphasised that the relocation of the tracks through the SEI process has resulted in substantial reduction in environmental effects. For these reasons, it is considered that, whilst the effects on landscape fabric may be significant, these ancillary elements have been given special consideration and that they have been located to adequately blend into their surroundings. In this context, it should be noted that significant effects are not necessarily unacceptable. As such, it is concluded that these aspects of the proposal meet the policy tests set out in the Development Plan.

7.7 With regard to the NPSs, it is noted that EN-3 paragraphs 2.7.13 – 17 advise that the time limited nature of proposals will be an important consideration when assessing the impacts and makes particular reference to the landscape in this respect.

7.8 It also important to recognise that, in order to further minimise impacts on the environment, the consent for the tracks seeks to include a micro-siting of up to 100m and will be subject to the approval of an ecologist (or other appropriate specialist) and the local planning authority prior to the start of works on site. This approach is endorsed in EN-3. It is considered that this would be unlikely to give rise to any additional effects not already considered in the ES or SEI.

It can be concluded that the ancillary works, buildings and structures would be kept to a minimum and built to a high standard of design and materials and will be unobtrusive within the landscape. Subject to the imposition of reasonable conditions, this accords with UDP Policies E3 (criteria 6 and 8), Policy ENV2 and Policy MW6 and is in line with the advice contained within TAN8 and NPS EN-1 and EN-3.

Turbines

7.9 The original Landscape and Visual Assessment (LVA) is based on a total of 26 viewpoints selected, and approved by Powys County Council and the Countryside Council for Wales and in consultation with the National Trust, Ramblers Association and Welsh Government, to provide a thorough basis for the

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assessment of potential visual effects. A further viewpoint (no 27) was included at Plas Dinam in the SEI.

7.10 The following points should be taken into consideration:

1. The site lies outside of any national landscape designation; 2. The Snowdonia National Park is located 28km to the northwest. The Shropshire Hills Area of Outstanding Natural Beauty lies about 10km east of the development. There would be no significant effects on either the landscape character or visual amenity of these areas, either individually or cumulatively; 3. Locally designated Very Special landscape Areas is no longer used for development control purposes and is not considered further in the ES or in this planning appraisal; 4. The development would involve the removal of 103 existing wind turbines (with a tip height of 45.5m) and the construction of 39 new wind turbines (hub height 70 to 80m and tip height up to 121.2m (six turbines have a tip height of 111.2m)). The existing 103 turbines form part of the baseline landscape character. Indeed, the site lies within the Waun Ddubarthog Windfarm landscape character area as defined in LANDMAP; 5. Whilst the proposed wind turbines would be considerably higher than the existing turbines, the Zone of Theoretical Visibility (ZTV) analysis shows that the extent of visibility of the proposed windfarm more-or-less matches that of the existing windfarm. Nonetheless, the bare ground ZTV does show that visibility from the Severn valley would be greater. However, it should be borne in mind that the ZTV does not allow for localised topographical features, vegetation or built form and, as such, visibility would be intermittent; 6. The proposed development would have a significant effect on parts of the Landscape Character Types of Hillside and Scarp Slopes Mosaic and Mosaic Upland and Plateau. No other Landscape Character Types would be significantly affected; 7. The ES refines the landscape assessment within 10km of the site and the proposal would have a significant effect on the Landscape Character Areas of Old Chapel Hill Mosaic, Llandinam Hill and Scarp, the Kerry Ridgeway and the Upland Moor Beacon Hill and Gors Lydan, Upland Moor north and west of Abeycwmhir; 8. Some 14 other Landscape Character Areas will not be significantly affected overall but may be subject to localised significant effects. 9. In general, effects on landscape character are contained within about 8km of the site although in some cases this extends up to about 10km while many others within 8km of the site remain not significantly affected by the proposal due to their constituent characteristics; 10. This assessment changes very little with respect to cumulative effects; 11. With respect to visual amenity, the residents in the settlements of Llandinam, Bwlch-y-sarnau, Caersws, Dolfor and Pant y Dwr would be significantly affected by the proposal where they have open views of the turbines. However, in many cases, views will be screened by local topography, other buildings and vegetation. For cumulative effects, only Bwlch-y-sarnau is expected to experience significant effects due to the proposed Llaithddu Windfarm, which lies adjacent to Llandinam Windfarm; 12. For individual properties, significant effects may be experienced by occupiers within about 10km of the site where they have direct and unobstructed views of the wind turbines;

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13. With regard to transportation links, passengers on a relatively short section of Shrewsbury to Aberystwyth railway line along the Caersws basin would be likely to experience significant effects on their visual amenity; 14. With regard to roads, none of the major road networks would be significantly affected by the proposed development either on its own or cumulatively, although users of short lengths of some of these routes will experience significant effects on their visual amenity such as on the A470 at Caersws; 15. Users of Glyndwrs way between Llanidloes and Fron Top will be subject to significant effects on their visual amenity. However, users of this route already see the existing Llandinam Windfarm over this stretch of path, together with other existing windfarms such as Carno and Cemmaes; 16. Users of the western end of the Kerry Way would also experience significant effects, although the effect on the path as a whole would not be significant; and 17. Users of all other national recreational routes would not be significantly affected; 18. The changes introduced by reducing the number of turbines would not reduce the extent of significant effects on landscape character as previously predicted in the ES. However, the revisions would clearly reduce the impacts to some extent and result in some qualitative changes, these are listed as follows. • Viewpoint 1 – number of turbines visible reduced but overall magnitude of change remains major/moderate; • Viewpoints 2, 3 and 4 – reduced horizontal extent and number of turbines. However, majority of site still visible and reduction small in comparison to this. Magnitude of change remains the same; • Viewpoint 5 – fewer overlapping turbines, more balanced layout. However magnitude of change remains the same; • Viewpoint 13 – the relocation of turbines means that 3 turbines would now be visible (as opposed to two previously) with increased horizontal angle occupied by the wind farm. This increases the effects from moderate to major-moderate and significant; • Viewpoints 16 and 17 – the removal of the turbines is an improvement to the appearance but not sufficient to alter levels of effect from that set out in the ES; • Viewpoint 20 – closest to removed turbines (T22-T24) therefore revised view has fewer of the more prominent turbines. Nonetheless, the proximity of the remaining turbines is such that the magnitude of change remains major/moderate; • Viewpoint 27 – new viewpoint from Plas Dinam. Magnitude of change is substantial and effects on both landscape character and visual amenity would be major. However, this was not assessed in the ES and the removal of three turbines would be an improvement on the 42 turbine layout. 19. Cumulative effects are also considered and have been extended to include the Waun Garno application. Only one viewpoint (VP13) would be significantly affected in terms of cumulative effects brought about by the addition of the Waun Garno wind farm to the assessment. The additional cumulative effect is negligible.

7.11 Overall, the ES finds that design of the site has resulted in a layout that relates well to the landform as well as the landscape of the surrounding area. The reduced number of turbines has produced a more coherent layout, minimising the clutter of overlapping turbines. It is considered that the Waun Ddubarghog ridge is of

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sufficient scale to accommodate the taller turbines. Attention was paid to the effect of the larger turbines on the adjoining smaller scale landscapes, resulting in 6 turbines having a reduced hub height of 70m. Three turbines have been removed from the north-west part of the site.

7.12 It is important to note that the existing Llandinam windfarm can already be seen from almost all of the area predicted to have visibility of the proposed development, along with other existing windfarms such as Cemmaes, Carno, Mynydd Clogau and Bryn Titli. As such there are very few new areas of potential visibility of wind turbines within the 30km study area.

7.13 Paragraph 5.9.8 of NPS EN-1 states that “ landscape effects depend on the existing character of the local landscape, its current quality, how highly it is valued and its capacity to accommodate change .” This is taken further in paragraph 5.9.14 which advises that where the local development plan has policies based on landscape character assessments, particular attention should be paid to these. Paragraph 5.9.8 also states that .. “ Having regard to siting, operational and other relevant constraints the aim should be to minimise harm to the landscape, providing reasonable mitigation where possible and appropriate. ” Consideration should also be given to whether any adverse impact on the landscape will be capable of being reversed in a timescale that is considered reasonable. Paragraph 2.7.17 of EN-3 emphasises this particular point and states that the time limited nature of wind energy projects is likely to be an important consideration when assessing impacts on landscape and cultural heritage. Overall, the question to be answered is whether the impact on landscape would be so great as to be not offset by the benefits of the proposal. This latter balancing exercise is carried out in Section 8 of this planning appraisal.

7.14 The proposed Development has been considered in the context of current landscape character assessments, both by CCW and Powys County Council. In the planning appraisal, particular attention has been paid to the now adopted UDP and the relevant policies within that Plan. The proposal has sought to minimise the harm to landscape by removing 3 of the northern-most wind turbines to reduce the impact of the wind farm on the landscape and visual resource to the north of the site.

7.15 It is interesting to note that the UDP, which has been developed in the context of the now superseded MIPPS and TAN8 for almost 3 years, makes no mention of the SSAs or the Welsh Government philosophy relating to acceptability of impacts within and adjacent to SSAs. Nor is mention made of the even more recent Interim Development Control Guidance that has been formulated by Powys since 2006. This latter document has gone through a further iteration and has been published as Supplementary Planning Guidance in May 2008.

7.16 Nonetheless the UDP uses the phrase “unacceptably adverse”. As noted in Chapter 5: Planning Policy Context of the ES and SEI, it is clear from the use of this phrase that some adverse impacts are acceptable and, as such, it needs to be determined what is and what is not acceptable. There is no guidance in this document as to how to calibrate this. However, both PPW4 and TAN8 provide clear guidance on this matter and this is replicated, although slightly less clearly, in the IDCG.

7.17 Paragraph 12.8.9 of PPW4 advises that whilst cumulative effects can be a material consideration within SSAs, it must be balanced against the need to meet the national target. This is expanded in Annex D to TAN8 which discusses the same

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topic of thresholds of acceptability and paragraph 8.4 of Annex D makes it fundamentally clear what the Welsh Government philosophy is by stating that “Within (and immediately adjacent) to [sic] the SSAs, the implicit objective is to accept landscape change i.e. a significant change in landscape character from wind turbine development .” The IDCG notes that the SSAs within Powys will become prime examples of windfarm landscapes and that this is an accepted consequence of TAN8.

7.18 It is important to note that the refinement exercise undertaken by Powys of SSA “C” provides a more accurate interpretation of what can be realistically developed within the SSA compared to the more broad brush approach of TAN8. This is important because the existing windfarm at Llandinam lies outside of the TAN8 SSA “C”, as does the Proposed Development. However, the May 2008 IDCG refined boundary to the SSA shows that the Proposed Development lies within the revised boundary. In any event, paragraph 2.14 of TAN8 advises that re-powering and/or extension of existing windfarms, which may be located outside SSAs, should be encouraged provided that the environmental and landscape impacts are acceptable.

7.19 Moreover, the fact that the turbines will be seen is not in itself an adequate reason for refusing planning permission. As the Inspector in the appeal concerning an application for a 12 turbine windfarm near Ystrad Rhondda noted (Ref. APP 54-4, dated 2 April 1993), “ … no-one has the right to have their own view kept unaltered for all time and it is quite likely that the wind farm will become an accepted part of the landscape before very long. ” This is noted in the landscape assessment, which suggests that significant effects are not necessarily unacceptable. Whilst turbines by their very nature will always create significant effects within a localised area, the numerous opinion polls conducted around windfarms would support the argument that they are not unacceptable.

7.20 In terms of effects on visual amenity, the appropriate test can be found in an appeal decision in relation to Bradwell wind farm near Maldon in Essex (T/APP/X1545/A/10/2023805, dated 25 th January 2010). This states at paragraph 75 “ .. It is a well-established planning principle that there is no right to retain unchanged a view from private property. However it can be in the public interest to safeguard the outlook from such property in respect of unacceptably overbearing or dominating development.” The closest property in that case was some 630m from the nearest turbine. Nonetheless, the Inspector concluded that, whilst the occupiers of those dwellings would be negatively affected, the turbines would not be unacceptably overbearing or dominating of their outlook. With respect to the Llandinam proposal, there are only 34 properties within 2.2km and only 4 of these lie within 1km of the nearest turbines of which the closest is 770m. These distances exceed those at the Bradwell proposal and the number of properties in this case is substantially smaller than at Bradwell. It can be concluded, therefore, that the Llandinam proposal would not give rise to unacceptable impacts on neighbouring residential property.

7.21 In addition, many residential surveys have been carried out in the vicinity of windfarms and these are summarised in the chapters previously. In this context it is interesting to note that in the appeal into the Wharrel’s Hill Windfarm near Bothel in Cumbria (Ref. APP/G0908/A/01/1075972 dated 19 June 2002) the Inspector gave some weight to these surveys, especially in the context of the general shift to a more positive public attitude to windfarms once they have been constructed. Similar evidence was presented at an Inquiry into an 8 turbine windfarm near Deeping St Nicholas, Spalding in Lincolnshire (Ref APP/A2525/A/02/1099738,

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dated 19 May 2003) which was again taken into consideration by the Inspector. For this reason, it is considered that the evidence on public attitude surveys is an important material consideration to this application.

7.22 Whilst the ES and SEI finds that the proposal would result in significant effects on visual amenity and landscape character within about 9km of the site, it concludes that this is not unreasonable given the size and spread of development. Bearing in mind that much of this area would already have views of the existing wind turbines at Llandinam and the fact that PPW4, TAN8 and Powys’ IDCG all accept that there will be significant landscape change within and adjacent to the SSAs due to wind turbine development, it is considered that these significant effects are not unacceptable in policy terms.

7.23 It must also be borne in mind that the proposal is for a limited operational period of 25 years, after which it will be decommissioned or would be subject to a new planning application. In the former case, the decommissioning exercise would ensure that the landscape character and fabric would be returned to its current or an improved status. In line with the advice in paragraph 2.7.17 of EN-3, this is an important consideration when assessing impacts on landscape character and visual amenity and cultural heritage. It is considered that significant weight should be given to the time limited nature of the Development.

The proposed Llandinam Windfarm lies within the Refined Newtown South Strategic Search Area C within which the principle of windfarm development, together with landscape change within and adjacent to the SSA, is acceptable. In any event, paragraph 2.14 of TAN8 advises that re-powering and/or extension of existing windfarms, which may be located outside SSAs, should be encouraged provided that the environmental and landscape impacts are acceptable. The proposal has also been designed so as to minimise impacts on the surrounding smaller scale landscapes and the layout respects, and is sensitive to, the simple landform of the local landscape. For these reasons it is considered that significant effects on landscape and visual amenity are not unacceptable. Therefore the proposal is in accordance with UDP Policies SP12, SP3, E3 and ENV2. Being within the Refined SSA “C”, it is also in line with TAN8, PPW4 and the IDCG together with the advice in NPS EN-1 and EN-3.

Amenity Issues

7.24 As noted above, amenity issues can be divided into noise and shadow flicker. It is also considered that electro-magnetic interference should be addressed within this category, as there is potential for wind turbines to affect television reception at nearby dwellings. Poor quality of reception would clearly have an impact on residents’ amenity.

Noise

7.25 The most appropriate means of assessing noise from wind turbines is contained within the DTI NWG recommendations the Assessment and Rating of Noise from Wind Farms (ETSU-R-97). This is in line with NPS EN-3 and TAN8, which advises that this document is to be considered the relevant guidance on good practice for providing reasonable protection to the occupiers of properties neighbouring windfarm development. The ES uses this methodology and the main points can be summarised as follows:

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7.26 The DTI NWG Recommendations advise that the Absolute Noise Criteria should be set as somewhere between 35 and 40dBL A90 or 5dBL A90 above the prevailing background noise levels, whichever is the greater, during quiet daytime periods. Night time noise limits are based on World Health Organisation internal sleep disturbance criteria and require that external noise at adjoining properties should not exceed 43dBL A90 or 5dBL A90 above the prevailing background noise levels, whichever is the greater.

7.27 In agreement with Powys County Council, background noise measurements were carried out at 6 properties neighbouring the windfarm, namely Pant y Dwr, Cwm Feinon, Cwmbyr farm, Waunllwydion, Bryn Dadlau and Rhiwysgyfarnog. In accordance with ETSU-R-97, the existing windfarm was switched off for a period of seven days to obtain prevailing background noise levels without existing wind turbine noise in order to prevent cumulative increases. This focused on the quiet daytime period. Noise measurements were continued for a further week to characterise the noise contribution of the existing windfarm.

7.28 This data was used to predict likely impacts at 34 properties around the site ranging in separation distances of between 723m to 2,650m.

7.29 Noise predictions were based on the candidate turbine of the Siemens 2.3 93 VS and derived from guaranteed noise emission data. All the properties meet the upper absolute daytime limit of 40dBL A90 at all wind speeds up to 12m/s, and the absolute 43bdBLA90 night time limit. Revised predictions using up-to-date noise emissions for the candidate turbine were used in re-assessing the effects of the Development on neighbouring property in terms of noise, both on its own and cumulatively with nearby proposed wind farms. In this respect, the revised predictions show that the Development will meet the upper absolute daytime limit by a margin of a minimum of 0.6dB LA90 .

7.30 In deciding to use the Upper Absolute Limit of 40 dBL A90, a range of factors, as outlined in ETSU-R-97, were considered. These included consideration of the scale of output of the proposal compared with the number of properties likely to be affected. Moreover, most properties were located on the upwind side of the prevailing wind direction. The ES notes that for upwind conditions, noise immissions will be likely to be of the order of 10 to 15dB(A) lower.

7.31 Cumulative effects were also calculated for the proposed Llanbadarn Fynydd site, the Garreg Llwyd Hill site and the Llaithddu site. For the first two of these proposals, cumulative noise is not expected to exceed 0.8dB(A) more than that predicted for the proposed Llandinam Windfarm. Moreover, the assessments assume the receptor location is down wind of all the turbines in a cumulative assessment. This is in fact, impossible and on this basis the cumulative assessment is very conservative and actual cumulative noise is unlikely to exceed the upper absolute limit. The cumulative effects with the proposed Llaithddu wind farm have been calculated and are predicted be less than the upper absolute quiet daytime limit by a margin of at least 0.6dB LA90 .

7.32 The Noise assessment also considered construction noise. This was carried out in accordance with BS5228 and suggests that the nosier construction activities would be audible at various times throughout the decommissioning and construction phases. However, compared to impact significance criteria set out in BS5228, it is concluded that this would be a negligible effect. A range of measures is

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recommended in the ES to ensure that these limits are not exceeded, which can be imposed by way of a condition.

7.33 Reference is also made to guidance in the National Policy Statements EN-1 and EN-3. The latter advises that ETSU-R-97 should be used to assess noise from the operation of wind farms, which should take account of industry best practice. The assessment contained in the SEI used ETSU-R-97 together with the recommendations set out in the UK Institute of Acoustics Bulletin Volume 34 to assess noise from the Development. These represent the most up-to-date methods of assessing noise from wind turbines. EN-3 advises that where the correct methodology has been followed and it can be shown that the wind farm complies with ETSU-R-97, the decision maker may conclude that it will give little or no weight to adverse noise impacts from the operation of wind turbines. In this context, it is clear that the proposal, both on its own and cumulatively with other proposed wind farms in the area, would comply with the requirements of NPS EN- 3.

It can be concluded that, subject to the imposition of reasonable conditions, noise arising from the proposal, both during construction and operation, would be unlikely to cause a significant adverse effect on nearby residents and that this would comply with the objectives of UDP Policies E3 and GP1 together with the advice contained within TAN8, TAN11 and NPS EN-3.

Shadow Flicker and Reflective Light

7.34 Shadow flicker falls into two categories, that which causes clinical effects and that which may lead to a loss of amenity. In the former case it should be noted that potential disturbance from shadow flicker occurs at frequencies between 2.5Hz and 40Hz. The proposed turbines are variable speed and the blades rotate at between about 11 and 17 rpm, giving blade passing frequencies of 0.8Hz. This is clearly well below the frequencies of concern. Moreover, rooms lit by single narrow windows are most likely to be affected by this phenomenon.

7.35 It is potentially a problem for properties lying within 10 rotor diameters and located to the southeast, through north to southwest of turbines. The diameter of the proposed turbine rotors is 82.4m, based on the candidate turbine used for the purposes of the EIA. In the original ES T25 was, located approximately 9.3 rotor diameters from the nearest residential property, Waen Cwm Yr Ynys. The revised layout has resulted in T25 being relocated 82 m to the southwest such that it is now greater than 10 rotor diameters from this property.

7.36 The revised layout includes moving Turbine 25 by 82 m to the southwest so that it now complies with the 10 rotor diameter criterion. Based on the revised layout complying with the 10 rotor diameter criterion, the Development is not expected to cause significant shadow flicker impacts. The revised layout is therefore not expected to cause significant shadow flicker impacts.

7.37 With respect to reflected light, the ES shows that the turbine towers, blades and nacelle will have a semi-matt light grey surface finish (RAL7035). This will ensure that the potential to reflect light is minimised in accordance with the advice in TAN8. This can be controlled by the planning authority by imposing a condition for the surface finishes to be agreed before construction.

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7.38 NPS EN-3 advises at paragraph 2.7.70 that decision makers should give little weight to any claims of effects on epilepsy from onshore wind turbines where the flash rates do not exceed 2.5 hertz. The flash rates from the proposed turbines would not exceed 1hz and the distances to nearby properties are greater than 10 rotor diameters. Therefore the proposed Development complies with the relevant guidance in EN-3.

It is concluded that, subject to conditions, the proposal is in accordance with criterion 3 of draft UDP Policy E3 and the advice in TAN8, IDCG and NPS EN-3.

Electro-Magnetic Interference

7.39 The ES acknowledges the potential for wind turbines to have a detrimental impact on microwave and television reception in the area. However, following extensive consultation, the wind turbines have been relocated to avoid any microwave links and there are no outstanding objections from any microwave operators, including those of emergency services. Further consultation has been undertaken to ensure that no new microwave links or UHF would be likely to be affected by the Proposed Development. This identified an MLL Telecom link which was considered to be too close to proposed turbines. As a consequence, a number of turbines were re-sited to maintain an adequate separation from the link. No further mitigation measures are required.

7.40 The ES notes that television reception at nearby dwellings may be affected by the proposal. The developer has carried out an assessment of domestic analogue reception as a worst-case scenario. The worst affected transmitter is at Llandinam and it was found that very few properties tuned into this transmitter. The properties most likely to be affected lie to the northwest of the proposed windfarm, however, it was found that the scale of the issue is very small. Moreover, the windfarm will not be operational before digital switchover; digital reception is known to be less affected by wind turbines.

7.41 Nonetheless, the developer will rectify any problems that may occur once the turbines are operational. This can be implemented by way of a condition or a legally binding agreement.

It is concluded that, subject to conditions the proposal is in accordance with the advice in TAN8

Public Rights of Way and Safety

7.42 There are several bridleways and footpaths crossing the site. However, there are no direct impacts on these Public Rights of Way as a result of the proposal and no turbines oversail the footpaths. All wind turbines, except Turbine 20, are set at least at the ground-to-blade-tip height from any of these rights of way. This would comply with TAN8. Although Turbine 20, at 79m, does not quite meet the TAN8 standard, it does comply with the Powys Strategy for Public Rights of Way and Access, which sets a minimum buffer zone of 75m.

7.43 Whilst the turbines would not meet the non-statutory standard recommended by the British Horse society of 200m from any bridleway, it is important to note that TAN8 does not differentiate between any public rights of way, It also states that

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this recommended 200m is not a statutory requirement and that circumstances pertaining at a particular site should be taken into account. Since the submission of the application for consent for the Development, the Applicant (CeltPower Ltd) has agreed to provide an alternative, optional right of way around Turbine 20, utilising a private track. This alternative route achieves the appropriate safety distances from the turbines advised in TAN 8.

7.44 A number of the proposed tracks cross these public rights of way. However, during the 25 month decommissioning and construction period, care will have to be exercised to ensure that the safety of footpath users is not compromised. This will be implemented by way of a Construction Method Statement, which can be controlled by way of a condition.

7.45 It is worth noting that it is not uncommon for footpaths and bridleways to be located at distances of less than ground to blade tip of a wind turbine and evidence on the proximity of footpaths and bridleways has been considered at Inquiry. The Secretary of State for Wales, in granting planning permission for an extension to the Cemmaes windfarm in Powys (Welsh Office reference PP106-07-021, 17 March 1999), considered that the wind turbines would not unacceptably affect the safety of horses and riders using a bridleway. It should be noted that the evidence considered by the Inspector indicated that the bridleway would be less than 30m from one of the turbines.

7.46 The same issue was considered at the Inquiry into the Mynydd Glyn Lws windfarm near Betws yn Rhos in the County Borough of Conwy (Appeal Ref, APP/T6905/A/99/1033888, dated 27 November 2000). Whilst in that case the wind turbines would be some 20m from a Byway Open to All Traffic (BOAT), it was considered that this was sufficient to protect the users of the BOAT, including horse riders. In the context of these decisions, it is considered that the separation between wind turbines and public rights of way of at least a blade length would not prejudice the safety of users of these facilities.

7.47 With regard to the general safety, there are no recorded incidents of injury to members of the public resulting from turbine failure, despite many sites having public access.

7.48 With respect to ice throw, the ES notes that there has been only one incidence of injury from this phenomenon in the world and in that case, the injury was sustained within 50m of a wind turbine. None of the turbines would be so close to pubic rights of way, although the majority of the site is Open Access. However, in the UK the risk of injury is extremely low.

It is concluded that the proposal is in line with the advice in TAN8 with regard to the safety and, therefore, it complies with UDP Policy E3 criteria 5 and 6.

Other Matters

Wildlife and Ecology

7.49 With respect to ornithology, the following can be extracted from the ES and SEI:

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• Supplementary information gathered in 2008 has addressed the information gaps described in the original ES and requests from Consultees responding to the original assessment. Reassessment of the data combined with the original ES data has shown that the Proposed Development will be likely to bring about a net gain for some bird species (such as red kite and kestrel) and at worst minor adverse impacts for some other species. For most, the Development will result in neutral effects. In all cases, the effects are not significant in EIA terms; • The site contains a number of species of conservation importance, namely red kite, hen harrier, goshawk, merlin, peregrine and golden plover (all high importance) as well as kestrel, curlew, skylark and song thrush (moderate importance). All other species recorded are of low importance; • The proposed decommissioning and construction of the windfarm will be likely to affect up to three breeding cycles. However, decommissioning and construction works would have a low or negligible and short-term adverse effect on breeding birds; • Operational disturbance for curlew, skylark and song thrush are considered to be not significant; • There is little evidence to suggest that foraging for red kite or kestrel would be affected by the development. Indeed, foraging activity within the existing windfarm was not notably less than for areas outside the windfarm. Thus the effects are considered to be not significant; • Hen harrier, goshawk, merlin and peregrine activity is infrequent in the area and tends to be peripheral to the existing windfarm; thus disturbance effects on these species is considered to be not significant; • A collision risk assessment was carried out for red kite, golden plover and kestrel. The reduction in turbine numbers would have a net positive effect on the mortality of these species; • For hen harrier, goshawk, merlin and peregrine collision risk would be negligible, especially since their flight activity tends to be peripheral to the existing wind turbines. Moreover, the reduction in number of turbines and the raising of the height of the rotor sweep would be likely to have a positive effect compared to the existing windfarm. • Mitigation measures in the form of Breeding Bird Protection Plan will be implemented to ensure disturbance risk to Schedule 1 birds in minimised. A model BPPP is provided in Appendix 7-D of the SEI. • No further mitigation measures are recommended. However, the ES recommends that a bird monitoring programme in years 1 to 5 and year 10 (after commissioning) be implemented targeting red kite and golden plover but also including observations of bird flight activity within 500m of the proposed turbines as well as monitoring of bird collisions.

7.50 With respect to ecology, the following can be extracted from the ES and SEI:

• The site is considered to have an overall value of County wide importance; • No impacts are predicted on any designated sites in the locality; • Impact on areas of semi natural vegetation lost to construction would not be significant; • The proposed turbine layout has evolved to avoid sensitive habitat as far as possible; • The revised layout results in a reduction in the area of valley mire impacted of approximately 3.8 ha. There have also been reductions in the amount of blanket bog, acid flush and dry heath habitats taken, so that the total area of loss of these three habitats combined amounts to around 0.8 ha. There has

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also been a large reduction (4.3 ha) in the amount of dry heath / acid grassland mosaic that would be affected by the Development; • The layout has been redesigned so that the area of valley mire directly affected has been reduced by 49%; • Overall, the proposed design changes are considered to result in a lesser impact than the layout previously considered in the original ES. The revised layout has reduced impacts upon key habitats, in particular valley mire and peatlands. This has been brought about by a moderate scaling down of the scheme size and a more sensitive design layout that utilises existing tracks to a greater extent and avoids habitat lying on deep peat to a greater extent; • Nonetheless, micro-siting of tracks will enable the least sensitive routes to be selected, especially in limited mire areas. However, there is likely to be some loss of peat based wetlands and altered hydrology within those wetlands; • It is concluded that overall impact of the proposal on the application area would be minor adverse; • Adequate pollution prevention measures will be implemented, particularly around construction compounds where fuel oils are likely to be stored, to ensure that no chemicals or silts associated with the construction of the windfarm will enter the watercourse. This will be implemented through an Environmental Management and Pollution Prevention Plan and would seek to protect aquatic life as well as otters; • Brown hare is present on site and is likely to be temporarily adversely affected by decommissioning and construction works at a moderate level which is not considered to be significant under the terms of the EIA regulations; • All known badger setts will be fenced off from construction works. Further check survey work will be undertaken prior to decommissioning and construction activity and identified in the Species Protection Plan;

7.51 The construction method statement would include matters such as undertaking the further check surveys, fencing off the badger setts, together with detailing construction methods to minimise impacts on hydrology etc. This would be implemented by way of condition. The revised assessment in the SEI is based on the premise that the proposed Species Protection Plan, Environmental Management and Pollution Prevention Plan and Habitat Management Plan are implemented. This can be ensured by the imposition of an appropriate condition.

7.52 The overall minor adverse effects would not be significant in terms of the EIA Regulations and thus it is considered that the development would be acceptable in this respect. Through a downscaling of the scope of the Development, avoidance where possible of peatland and mire habitats, and an increased use of existing trackways, the impact of the Development has been reduced in comparison to the original layout. There are still some negative impacts associated with the Development, through loss of habitat and associated species, but these are no longer considered significant.

7.53 The construction method statement would include matters such as undertaking the further check surveys, fencing off the badger setts, together with detailing construction methods to minimise impacts on hydrology etc. This would be implemented by way of condition. The revised assessment in the SEI is based on the premise that the proposed Species Protection Plan, Environmental Management and Pollution Prevention Plan and Habitat Management Plan are implemented. It should be noted that the Habitat Management Plan proposes significant enhancement measures relating to valley mire habitats, brown hare, common lizard and upland breeding birds including lapwing and curlew. Such

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enhancement measures are in line with the objectives of TAN5 and can be ensured by the imposition of an appropriate condition.

7.54 The abnormal load (i.e. wind turbine components) access route from Newport Gwent to the site has also been surveyed at locations where pinch points occur and some landtake and/or vegetation management may be necessary to facilitate the free-movement of traffic. This forms part of the SEI. No significant effects are predicted provided that a suitably qualified ecologist is on hand to ensure that potentially sensitive ecological receptors are adequately protected. This can be ensured by way of a condition.

7.55 NPS EN-1 states that, in having regard to the Government’s biodiversity strategy, the IPC should take account of the challenge of climate change since failure to do so will result in adverse impacts on biodiversity. The Statement then sets out how the IPC will consider impacts on international and national sites of nature conservation importance and states that proposals that result in adverse impacts on such designations should not normally be granted consent. The proposed Development would have no significant impacts on these designations.

7.56 With regard to species and habitat protection, it is stated in EN-1 paragraph 5.3.17 that the IPC should ensure that any species or habitats that have been identified as being of principal concern for the conservation of biodiversity should be protected from the adverse effects of development. The revised layout of tracks and turbines has ensured that the proposed Development would have no significant effects on any species or habitats of conservation concern. With respect to EN-3, it is advised that construction methods should be designed as to minimise soil disturbance to ensure that there is minimal disruption to ecology and release of CO 2 to ensure that the carbon balance of the scheme is maximised. Relocating tracks etc away from Valley Mire and Peat ensures that this objective has been achieved.

7.57 Overall, it is considered that the proposed Development meets the tests set out in the NPSs in this respect.

It is concluded that the proposal, subject to the imposition of conditions, will not have an unacceptably adverse effect on species or habitats of nature conservation interest and that measures will be implemented to ensure that species of flora and fauna protected by legislation are not adversely affected. Therefore the proposal is in accordance with UDP Policies SP12, SP3, E3, ENV3, ENV4, ENV5, ENV6 and ENV7 together with the advice in PPW4, TAN8, TAN5 and NPS EN-1 and EN-3.

Archaeology and Cultural Heritage

7.58 The ES and SEI note that: • During decommissioning of the existing wind turbines, all known Scheduled Ancient Monuments (SAMs), and medium and low value sites will be fenced off to ensure that the sites are adequately protected; • During the excavation of groundworks necessary for decommissioning, a archaeological watching brief is recommended to supervise these works; • During the excavation for new tracks, foundations and borrow pits, an archaeologist should be on hand to observe the excavations and to preserve

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in-situ wherever practicable any features or finds and to preserve by record any that it is not practicable to preserve in-situ ; • The proposed works will infringe on the 50m buffer zone around two archaeological features, namely the Mount Pleasant Dyke and Waun Lluest Owain Stone. The SEI shows that the removal of Turbines 22, 23 and 24 will ensure that there are no impacts on Mount Pleasant Dyke. However, some of the revised track positions will be closer to some features. Nonetheless, the presence of an archaeologist during works in these areas will ensure that any features or finds are appropriately preserved; • Indirect effects are considered and concern is raised with regard to the setting and sight lines of the SAMs Pegwyn Mawr Cairns I and II, the Domen Ddu Barrow and Great Ring Cairn. The SEI shows that Turbines 40, 41, 36 and 30 have been moved so that the impact on the setting and inter-visibility lines between Pegwyn Mawr Cairn group and the Domen Ddu barrow has been reduced to minor adverse. A planning condition could be used to ensure that these turbines are not micro sited so as to impact on their setting. In any event, the existing wind turbines are a part of the setting of these features and because of the reduced numbers of the proposed scheme, it is likely that the setting and preservation of important sight lines would be improved; • There are a number of bronze age sites around the site including crugyl Llwyd cairn, glog Hill barrow, Pegwyn Fach Cairn, Bryn Cwmyghiwdre Mound, Fualt Standing Stone, Fowler’s Armchair Stone circle and Fowler’s Armchair Cairn. All would have had strong ritual associations with each other. However, the existing windfarm already impacts on the setting of these features and whilst there would be a considerable increase in the height of the turbines the number would be dramatically reduced. Therefore, the ES finds that the effect of the proposal on the setting of these SAMs would be of minor significance; • The setting of other SAMs in the area would not be significantly affected; • The assessment also considered all Listed Buildings within 10km of the site, concentrating on those within 3km and found that only Plas Dinam would experience a moderate impact on its setting. However, the removal of Turbines 22, 23 and 24 and the repositioning of others at the northern end of the site has resulted in the impact on the setting of Plas Dinam being reduced to minor. Thus the impact is now not significant in EIA terms. Settings of all other Listed Buildings would not be significantly affected; • With respect to registered Historic Landscapes, the assessment considered both the Clywedog Valley and Caersws Basin landscapes. Both were subject to a full ASIDHOL assessment. It was found that, for the historic landscapes, the significance of impact would be moderate. It is worth noting that the ASIDHOL process takes no account of a baseline that includes an existing windfarm, however, and the Development will introduce fewer (albeit taller) turbines than the existing windfarm that will be visible from a similar area to the current situation

7.59 The recommendation of an archaeological watching brief can be implemented by the imposition of a suitable condition attached to a planning permission. The fencing off of archaeological features would also be the subject of a condition. Such conditions should accord with the advice in Welsh Office Circular 35/95 The Use of Conditions in Planning Permissions and Circular 60/96 noted previously.

7.60 The impact on Plas Dinam, following the removal of 3 turbines and the relocation of others, is now no longer considered significant.

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7.61 Turning to NPS EN-1, paragraph 5.8.11 advises on a range of matters that would be taken into account by the IPC when considering heritage issues. All of these have been considered in the ES and the SEI has addressed those that have been raised in the consultations. It is concluded that the removal of Turbines 22 to 24, the relocation of others and the repositioning of tracks has resulted in a layout that addresses all the concerns raised through the consultations. The residual impact of the Development on heritage issues, subject to the implementation of mitigation measures set out in Tables 10-8 of the SEI, would not be significant. In addition, EN-3 paragraphs 2.7.43 and 2.7.44 advise that the time limited nature of wind farm developments and the ability to microsite turbines and tracks are both important factors to take into account in considering the impacts of the Development on heritage issues. All these are important issues to be taken forward into the overall balance between the benefits and adverse impacts in chapter 8 of this Planning Appraisal (2011).

It is concluded that, subject to the imposition of suitable conditions, the proposal would not have a significant adverse effect on the amenity of SAMs and other features of archaeological or historic importance within the site boundary. It is clear that the proposal does not conflict with the aims of UDP Policies SP12, E3, ENV16, ENV17 and, together with the advice in Welsh Office Circulars 60/96 and 61/96, PPW4, TAN8 and NPS EN-1 and EN-3.

Transport and Highways

7.62 The preferred delivery route for the transportation of turbine components will now comprise the route from the port at Newport Gwent and be delivered via Brecon, Kington and Crossgates. A trial run was successfully completed in May 2010 for both the blade and tower deliveries. A draft Traffic Management Plan has been prepared for the preferred route and this has been the subject of extensive consultation with all the relevant Agencies and authorities, including the police, along the proposed route. Most of the issues raised through the consultation process have been addressed. Whilst the document is considered to be a “live” as it is yet to be finalised, sufficient information is provided to show that the route can safely accommodate the delivery of turbine components without significant impacts on the highway or its users

7.63 The Llandinam proposal is not dependent on the new national electricity grid infrastructure that would be necessary to facilitate connections to most other proposed wind farms within the central Wales area. This is because the Llandinam wind farm developer has secured the remaining capacity on the existing electricity grid. This means that the proposed wind farm will be constructed before most other wind farms in the area and, therefore, cumulative transport delivery issues will not arise in this case. Whilst ScottishPower Renewables UK Ltd (a partner of the Applicant, CeltPower Limited) is a contributing member of the Strategic Traffic Management Plan for mid Wales wind farms working group, which seeks to address the cumulative transport issues arising from the development of a significant number of windfarms in SSAs B, C and D, the Llandinam proposal is not currently anticipated to use the route from Ellesmere Port as identified in the STMP. Nonetheless, the final choice of route will be selected following CeltPower’s ongoing discussions with Powys Council, the Road Network Management (RNM) division of the Welsh Government and Dyfed-Powys and other Police Forces.

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7.64 The assessment assumes a worst-case scenario with regard to potential trip generation. This is set out in Table 9-5 of the ES and totals 4,595 monthly 2-way vehicle movements of which 1,932 would be HGV movements. Further information on trip generation is found in the draft Traffic Management Plan.

7.65 The most affected part of the road network will be on the A483 from Dolfor to the site access as this will carry an additional 9.6% overall traffic with a predicted increase in HGV movements of 23.3%. This results in a slight magnitude of change and coupled with a low sensitivity of the road, results in a minor significance of effect.

7.66 It is expected that all the stone necessary for the track construction will be obtained from borrow pits onsite. Moreover, most of the concrete used on site will utilise stone from the borrow pits and is likely to be batched on site. This will minimise the amount of traffic on the roads.

7.67 The effect of abnormal loads on traffic could be significant, causing delays to other road users, especially at pinch points where abnormal loads may take time to negotiate obstacles. However, as noted above, the SEI provides a draft Traffic Management Plan has been prepared and subject to extensive consultation. This has been devised to minimise delays to other road users. As a consequence of this and the short term nature of the deliveries, it is considered that this would result in a negligible effect on traffic.

7.68 Cumulative effects have been considered and the ES finds that, on the assumption that all the windfarms in the area are constructed at the same time, the increase in traffic on the Trunk roads would be less than 30% and of negligible significance. The SEI considers the effects of the proposal in conjunction with the revised traffic figures for the Llaithddu wind farm and the Waun Garno wind farm. The cumulative effects on the A483 south of Newtown will be increased from negligible (less than 30% increase) to slight (an increase of 30% or more) significance. This assumes the worst case scenario in that the peak construction traffic for all three proposals occurs simultaneously. However, the Llaithddu and Waun Garno wind farms are reliant on new electricity grid infrastructure in order to export the power from these sites and this is unlikely to be in place until 2015. The Llandinam repowering proposal is NOT hindered by this constraint since the project has secured the remaining capacity on the existing grid infrastructure and can be constructed considerably earlier than the other proposals. Therefore, cumulative effects are very unlikely and thus the predicted impact of slight is an overestimate of the actual impacts.

7.69 Some modification to the highway may be required to facilitate access for vehicles transporting the larger turbine components. This may involve removal of street furniture at some points on the main roads. Some realignment of the minor road from the A483 to the site entrance may be necessary. The exact nature of these measures will depend on the turbine selected and the vehicles used to deliver the components.

7.70 NPS EN-3 advises that the applicant should assess the various potential routes for the delivery of materials to the site. This has been carried out through the ES and SEI processes which have considered routes from the north and south of the site. The SEI identifies the south route, from Newport in Gwent, as being the preferred route. In accordance with EN-3, the SEI also considers the cumulative impact should more than one wind farm be constructed at the same time. In all cases, the

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predicted effects on the highway network are not expected to exceed a slight magnitude and of minor significance.

7.71 It is open to the decision maker to impose controls on the number of vehicle movements to and from the wind farm site and it may be appropriate, in the case of wind farms being constructed at the same time, for the highway authority to set limits for and coordinate deliveries through active management of delivery schedules through the abnormal load approval process. Both these can be achieved by the imposition of conditions and do not preclude the granting of consent.

It can be concluded that, subject to the implementation of satisfactory legal agreements and a Construction Management Plan, incorporating a Traffic Management Plan, the proposal would not give rise to any significant impacts on highway safety and would be in line with the objectives of UDP Policies E3 (criteria 5 and 6), GP4 and MW6 together with the advice in PPW4 and NPS EN-3.

Hydrology, Water Quality and Pollution control

7.72 The proposed layout of the tracks and wind turbines has been amended to ensure that the number of stream crossing is minimised and that hydrologically sensitive habitats are avoided wherever possible.

7.73 The following mitigation measures have been identified in the ES:

• To prevent the release of suspended sediments into watercourses the following will be employed: – Cut-off ditches and/or geotextile silt-fences will be installed at suitable locations around excavations or exposed ground and stockpiles or watercourses to prevent the uncontrolled release of sediments from the site; – The gradient of the trenches will be as flat as possible to avoid high velocities and erosion during storm events; – Site access points will be regularly cleaned to prevent build up of dust and mud; – Earth movement will be controlled to reduce the risk of construction silt being mobilised by site run-off; – Properly contained wheel wash facilities will be used where required, to isolate sediment rich runoff; – Removal of silt from site runoff through a suitably designed surface water drainage system incorporating settlement facilities before discharge of clean water to a nearby surface water course. The watercourses to receive discharge are to be identified and agreed with the EA. Discharge will generally be by gravity to avoid disturbance of settled silts in the cut-off trenches; and – Site restoration of disturbed areas and reseeding (with native local species) of redundant tracks to encourage vegetation regeneration and minimise erosion and a discharge consent, detailing volumes and rates of discharge, may need to be agreed with the EA prior to the commencement of works. • To prevent chemical pollution of watercourse, the following will be employed: – Oils and hydrocarbons will be stored in designated locations with specific measures to prevent leakage and release of their contents,

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including locating the storage area away from the surface water drainage system and watercourses on an impermeable base with an impermeable bund that has no outflow and is of adequate capacity to contain at least 110% of the contents. Machinery will be refuelled using a transfer hose and valves and trigger guns will also be protected from vandalism and kept locked when not in use; and – Wherever possible, plant and machinery will be kept away from controlled waters and have drip trays beneath oil tanks/engines/gearboxes/hydraulics that will be checked and emptied regularly via a licensed waste disposal operator. • Where culverts are necessary for stream crossings, the following design parameters will be followed: – Sufficient capacity to avoid constriction of flow to the satisfaction of the local flood prevention officer; – Self-cleansing to prevent silt and debris accumulation in the barrel; – Hydraulic performance to match channel at all critical flow stages; – Provision for fish and wildlife migration; – Readily accessible for inspection and maintenance purposes; – No unnecessary bends; and – No steps or unnecessary sudden changes in slope that may either reduce the capacity and cause sediment accumulation, or increase capacity and velocity causing erosion at the downstream end. – Suitable areas for washing out of plant, such as concrete lorries will be provided; – Wheel wash facilities at site entrances will be provided; – Suitable temporary sanitary and welfare facilities for workers during construction will be provided;

7.74 As a result of the above measures, it is concluded in the ES that the effect of the proposal on hydrology and hydrogeology of the area is negligible. These measures would be described in detail in a Drainage Management Plan, which would form part of an Environmental Management and Pollution Prevention Plan. These can be ensured by the imposition of a condition requiring the details to be submitted to and approved by the local planning authority.

It can be concluded that, subject to the implementation of a satisfactory condition, the proposal accords with the objectives of PPW4 and NPS EN-1.

Temporary Structures and Redundant Turbines

7.75 It is the intention of developer to remove all equipment and structures that are not necessary for the satisfactory operation of the turbines as soon as possible after completion of construction. The whole site, except for the turbines, tracks and control building, will be reinstated to match the surrounding vegetation. This can be ensured by the imposition of a suitable condition attached to a planning permission.

7.76 UDP Policy E4 also requires that redundant structures should be dismantled and the area reinstated after their use ceases. Whilst the policy requires the removal turbines that have not generated any electricity for a continuous period of 6 months, it is commonplace for this period to be extended to 12 months. The developer would abide by a condition specifying that a turbine will be removed if it is inoperative for a continuous period of more than 12 months.

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It can be concluded that, subject to a satisfactory condition, the proposal accords with the requirements of UDP Policy E4.

Tourism and Public Attitudes

7.77 Although there is no policy relating to tourism and windfarms, the matter of tourism is sometimes cited as reasons for refusal. As such it is considered to be likely to be one of the issues raised during consultation. In this respect, the ES refers to the work carried out by the Wales Tourist Board in 2003 which indicated that 78% of visitors were clearly either positive or neutral towards wind turbine development, as much as 21% were clearly negative. Much of the survey work for this research was carried out in mid Wales.

7.78 However, this does not correlate with more recent research carried out for the Fullbrook windfarm in North Devon, an area that is highly dependent on a vigorous tourist industry. This work not only surveyed people near the proposed windfarm in Devon but also surveyed people in two other control areas, namely Cornwall and mid Wales. This work demonstrated strong support for windfarms in all three areas with only between 3.3 and 5.4% being strongly opposed to windfarms. Almost 87% of respondents stated that the presence of windfarms would neither encourage or discourage them from visiting again while just over 7% stated that they would either slightly or strongly encourage them to visit again. The Inspector into the Fullabrook Inquiry gave considerable weight to these findings and concluded that both tourist numbers and expenditure would be maintained if the proposal went ahead.

7.79 More generally, since 1991, there have been 50 separate surveys on public opinion relating to wind energy developments. These show a consistently high level of support for wind energy with some 70 to 80% of people in favour of wind turbines. A number of these surveys, particular more recently, show that a direct experience of windfarms generates a higher level of positive attitudes. Indeed research carried out on behalf of the Scottish Executive 16 shows that the closer people are living to windfarms the more favourable opinions become. Research also demonstrates that a substantial proportion of people who were concerned about proposed windfarm developments, and objected to such proposals, became neutral or positively disposed towards windfarms once they were operational. Some of the main points of the Scottish Executive work are summarised as follows: • Respondents were generally positive about wind farms. Those who live nearest a wind farm are more likely to provide positive responses when asked about the wind farm than those in the other zones. For example, while 67% overall reported that there was something they liked about the wind farm, this proportion increases to 73% of those living in the high proximity zone (up to 5km from a wind farm). • The proportion of respondents who had anticipated problems prior to the development (40%) was far higher than the proportion who actually experienced problems after the development (9%). Actual noise caused by the turbines or the visual impact of the wind farm did not feature as issues for the large majority of respondents.

16 Public Attitudes to Windfarms a Survey of Local Residents in Scotland : MORI for the Scottish Executive Social Research Unit; 2003

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• Only 2% of respondents said that they disliked the wind farm because it was noisy, and although 12% of respondents had expected to experience a problem with noise, only 1% had actually experienced a problem.

7.80 Similar research was carried out at the existing Lambrigg Windfarm in Cumbria in April 2002. Again, of those opposed to the windfarm before it was built, only a quarter remained in opposition and more than half of this group of people are now firmly in support of the project. The report noted that “ This finding is echoed in all surveys carried out in wind farm locations: support for wind power schemes tends to be higher among people who have direct experience of an operating wind farm. ”

7.81 It should be noted that in many cases, environmental assessments identified potential significant effects on landscape quality and amenity in the vicinity of these windfarms. Despite this, the surveys outlined above clearly show that, once built and operational, predicted significant effects either did not materialise or are not necessarily considered to be unacceptable to most members of the public.

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8 The Balance and Conclusions

8.1 The legislative requirement is that, where proposals are in accordance with the development plan, planning permission should be granted unless material considerations indicate otherwise.

8.2 The proposal lies outwith the TAN8 SSA”C” Newtown South but wholly within the Refined Newtown South Strategic Search Area C identified in the County Council’s Interim Development Control Guidance (May 2008) on Onshore Wind (IDCG). In any event, the repowering and/or extension of existing windfarms outside of the SSAs is considered appropriate in TAN8, as noted in paragraph 2.14. Therefore, it is concluded that the principle of wind turbine development is supported in both TAN8 and the IDCG.

8.3 The Government has now approved the National Policy Statements on Energy which includes EN-1 (the Overarching Statement) and EN-3 on Renewable Energy. These will provide the principal point of reference for decision making for applications made direct to the Infrastructure Planning Commission or its successor. Whilst the proposed Development is to be determined by DECC under S36 of the Electricity Act 1989, it is considered that, in order to provide consistency across decision making for renewable energy proposals greater than 50MW, the NPSs will also provide the starting point for assessment of the Llandinam proposal.

8.4 Part 3 of EN-1 outlines the need for new energy infrastructure and is summarised as: - The UK need all types of energy infrastructure covered by the NPSs in order to achieve energy security at the same time as dramatically reduce greenhouse gas emissions - All applications for development should be assessed on the basis that the Government has demonstrated that there is a need for those types of infrastructure and that the scale and urgency of that need is described as being urgent for renewables in order to decarbonise the power sector by 2030. - Substantial weight should be given to the contribution which projects would make towards satisfying this need when considering applications for development consent. 8.5 These drivers provide the positive side of the balance.

8.6 Part 5 of EN-1 and Part 2 of EN-3 outline the potential adverse impacts to be taken into account in determining applications for renewable energy proposals. This planning appraisal has taken these factors into account.

8.7 In this context, the ES, SEI and this planning appraisal clearly demonstrate that the proposal does not have significant effects on the following issues: • Historic landscapes • Noise • Ecology • Ornithology • Archaeology • Electro-magnetic interference

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• Water quality • Safety of highway and public rights of way users; or • Safety of aircraft

8.8 In line with the principles set out in NPS EN-1 and EN-3 and subject to conditions which meet the tests set out in Circular 35/95, the proposal meets the tests in all the relevant policies in the Unitary Development Plan and national guidance in PPW4 and the NPSs. As such, there are no substantive reasons to refuse consent and deemed planning permission based on the above issues.

8.9 It should be noted that the removal of the 3 most northerly turbines, the relocation of others and the repositioning of many of the tracks such that a substantially greater proportion of the tracks would be built along the route of the existing tracks has resulted in a considerable reduction of impacts on both the historic environment and ecology. Whilst the original layout brought about significant impacts on these assets, they were assessed in the planning appraisal to be acceptable in planning terms. However, responding to concerns raised by a number of consultees, the SEI shows that revised layout has reduced the effects of the proposed Development on these matters to a level of “not significant” in EIA terms. This is a considerable improvement on the original layout as described in the ES.

8.10 It is acknowledged that there will be significant effects on landscape character and visual amenity of residents and those using the roads and other rights of way within and around the proposed site and who have unobstructed and prolonged views of the turbines.

8.11 However, as noted previously, the planning policy test under E3 of the newly adopted UDP is whether or not these effects are acceptable. As has been stated elsewhere, both TAN8 and the Powys County Council Interim Development control guidance both advise that an inevitable consequence of the philosophy of developing windfarms within the Strategic Search Areas is that there will be significant landscape change within and adjacent to the SSAs. It is implicit, therefore, that landscape change within and around the SSAs, or the refined SSAs, is acceptable in principle.

8.12 Since it is clear from the ES and SEI that it is only in landscape and visual terms that the proposed Llandinam repowering and extension brings about significant effects on the environment, there are no other potentially adverse factors to take into account in determining the acceptability or otherwise of this proposal.

8.13 It is worth noting that while the proposed turbines would be substantially taller than the existing machines, the extent of visibility within the 30km study area is not significantly different. Moreover, the reduction in turbine numbers to some 38% of that which exists at present creates a more open feel to the development, which can only be of some benefit in landscape terms. In addition, the larger wind turbines would have much slower rotation speeds and it is generally acknowledged that this is more restful on the eye than the seemingly frenetic nature of the smaller machines. It is considered here that this will bring about some improvement in the perception of the proposed windfarm.

8.14 As a consequence of the above, it is concluded that the proposed development at Llandinam would be acceptable in this location and, therefore, would meet the planning policy tests set out in the Unitary Development Plan.

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8.14.1 The NPSs also consider landscape and visual effects and it is made clear that the aim should be to minimise harm whilst having regard to siting, operational and other relevant constraints. It is clear from the SEI that the reduction in the number of turbines has moderated the scale of the effects of the proposal on these resources. Furthermore, both NPS EN-1 and EN-3 advise that the reversibility and time limited nature of proposals, with particular regard to landscape, will be an important consideration when assessing the impacts

8.15 With respect to other material considerations, renewable energy Policies in the development plan do not specifically require the benefits of renewable energy generation to be taken into consideration in the balance. However, both PPW4 and TAN8 advise that national and international obligations on climate change, renewable energy targets and the environmental, economic and social opportunities that the use of renewable energy can make to the wider planning goals are material to the decision making process. For this reason, it is considered that the benefits of the proposal are an important material consideration to take into account. This is also explicit in the NPSs as described above.

8.16 National Policy within the SSAs is that the principle of large scale wind turbine development is acceptable and that whilst “ … cumulative impact can be a material consideration, it must be balanced against the need to meet the Welsh Assembly government renewable energy aspirations and the conclusions reached fully justified. (PPW4 para 12.8.14). In addition, the Welsh Government advises that “ … Local planning authorities, particularly those containing Strategic Search Areas (SSAs), should take the Welsh Assembly Government imperative for renewable energy into account when they are consulted on applications for large scale onshore wind power projects …. (PPW4 para 12.8.5). Furthermore, NPS EN-1 states that the contribution which projects would make to satisfying the urgent need to source 15% of energy from renewable resources by 2020 in order to decarbonise the power sector should be given substantial weight.

8.17 In this respect it is important to be reminded that the target for Wales had been for 800MW of wind power to be installed and operational by the close of 2010, and this target was missed by a very substantial margin. PPW4 and Energy Policy Wales both now set out a major expansion of the targets from the 2010 figures such that there is an onshore wind energy target of 2000MW to be installed in the next 4 to 6 years and this provides a strong driver for the implementation of projects that are located within the SSAs and can deliver in this timescale. In this respect the proposed Llandinam Windfarm Repowering and Extension scheme would make a major contribution to the revised figure for SSA “C” of 98MW set out in the letter of July 2011 from John Griffiths, the Minister for Environment and Sustainable Development. Moreover, unlike other proposed windfarms in mid Wales (and as noted in TAN8), the proposed Llandinam windfarm has secured the remaining capacity on the local distribution network and, as such, would be able to export electricity to the grid by the end of 2015, These are very important material considerations.

8.17.1 It is acknowledged that the First Minister of the Welsh Government has issued a statement that states that the targets set out in TAN8 (as amended by John Griffiths to reflect the 2015-17 targets) should be regarded as a cap on onshore wind energy. This is claimed to be necessary to avoid the need to install grid infrastructure of more than 132kV (which would require pylons as opposed to wooden poles). It is noted that the capacities of SSAs B, C and D set out in

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TAN8 in 2005 (amounting to 500MW) would exceed the capacity of proposed 132kV upgrades in the area (which would be able to accommodate 384MW). More importantly, the Development would not require any upgrading of electrical infrastructure as it is scheduled to connect into the existing system and has taken up the remaining capacity on the network. This is an important material consideration in the determination of this proposal.

8.18 On the positive side of the balance, there are:

• Considerable savings in emissions of carbon dioxide, oxides of nitrogen and oxides of sulphur summarised as follows:

CO 2 ~ 82,500 to 239,300 tonnes/annum. Over the 25 year lifetime of the project this would amount to:

CO 2 ~ 1.9 to 5.8 million tonnes (taking into account the loss during construction).

• Production of electricity from wind energy requires no combustion processes. Therefore, unlike landfill gas and waste combustion, wind turbines produce virtually no emissions during their operational life. For this reason, wind turbines provide the greatest opportunity for reductions in harmful emissions; • Electricity generated by the Llandinam Windfarm is likely to be consumed regionally. Therefore there is a direct relationship between those properties affected by the proposal and those effectively contributing to reduced CO 2 emissions. A relatively small number of properties within the County will be significantly affected by the proposal. Conversely, on an annual average, the proposal will provide sufficient electricity for 46,800 homes, almost 90% of the dwellings in the County of Powys. • Increased security and reliability of electricity supply. • Significant economic benefits to the locality both during construction and the operation of the proposal, through employment opportunities to be provided during the construction period; • Significant indirect economic benefits during the decommissioning of the existing windfarm and the construction period and induced economic benefits during the lifetime of the proposal. • Contribution to farm diversification. • Significant environmental benefits arising from funds made available to promote and implement energy saving measures in the locality of the Wind Turbines through the local energy projects. • An educational resource for local schools, colleges and other bodies to promote an understanding of the issues of climate change, security of supply etc. and to promote t urbine specific construction / installation training via local Colleges.

8.19 It is important to remember that weight should be attached to the numerous public attitude surveys that have taken place over the last decade, in line with the Inspectors decisions in the Whorrel’s Hill and Deeping St Nicholas windfarms.

8.20 As noted above, the proposed Llandinam Repowering and Extension will bring about significant local economic and environmental benefits. Together with the benefits of the proposal in terms of reduced emissions and embedded generation, these factors provide compelling evidence that the benefits of the windfarm substantially outweigh the potentially significant adverse effects on landscape and visual amenity, ecology and archaeology.

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8.21 On the basis of all the available evidence it is considered that the proposal is in line with the Polices of the UDP and it is considered that the proposal accords with the development plan.

8.21.1 Whilst the Development as proposed in the SEI reduces the number of turbines to 39, reducing the level of emissions saved, the overall changes to the proposal has resulted in a considerable reduction in impacts on landscape and visual amenity, cultural heritage and ecology. It is considered that the revised proposal improves the balance of benefits against adverse impacts as compared to the proposal outlined in the ES.

8.22 The proposed Llandinam Windfarm lies within the Refined Newtown South SSA “C” as shown in the County Council’s IDCG within which the principle of large scale (in excess of 25MW) wind turbine development is acceptable. The ES demonstrates that the considerable mitigation measures incorporated into the design of the proposal have resulted in a scheme with little impact on the environment. As outlined above, the proposal has considerable benefits. In this context, and having regard to the national imperative to achieve 2000MW of installed capacity by 2015 to 2017, the proposal is, therefore, in line with the advice contained within PPW4 and TAN8. As noted above, NPS EN-1 states that substantial weight should be given to the contribution that the Development would make to meeting the urgent need to implement renewable energy in order to achieve 15% of energy from renewables by 2020. In addition, the NPSs advise that the reversibility and time limited nature of this development are important considerations to take into account. There are no other material considerations to indicate that consent should not be granted in accordance with the development plan.

8.23 In accordance with Section 54A of the Town and Country Planning Act 1990 and Section 38 of the Planning and Compulsory Purchase Act 2004, the proposal, subject to conditions, accords with the development plan, and specifically E3 on wind farms, and national guidance in the form of National Policy Statements EN-1 and EN-3 (July 2011), Planning Policy Wales 4 (February 2011), Technical Advice Note 8 on Renewable Energy and Powys County Council’s Interim Development Control Guidance and no material considerations indicate otherwise. The Secretary of State is, therefore, invited to grant consent under Section 36 of the Electricity Act and deemed planning permission under Section 57(2) of the Town and Country Planning Act 1990 for this proposal.

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