Brecon Beacons National Park Authority

PLANNING, ACCESS AND RIGHTS OF WAY

COMMITTEE

25 April 2017

RECOMMENDATIONS OF THE DIRECTOR OF PLANNING

ON APPLICATIONS FOR DETERMINATION BY

THE PLANNING, ACCESS AND RIGHTS OF WAY

COMMITTEE

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APPLICATION NUMBER: 17/14662/MINOR APPLICANTS NAME(S): Brecon Beacons National Park Authority SITE ADDRESS: Pencaegarw Uchaf - Gwynfe (A4069 Mountain Road) Gwynfe SA19 9PB GRID REF: E: 273539 N:219973 COMMUNITY: Llangadog DATE VALIDATED: 17 March 2017 DECISION DUE DATE: 25 April 2017 CASE OFFICER: Mr Matthew Griffiths

PROPOSAL Minor Amendment to application 15/12300/FUL - High head micro hydro system, consisting of an integrated intake and forebay tank, pipeline and turbine house

ADDRESS Pencaegarw Uchaf , Brynamman - Gwynfe (A4069 Mountain Road) , Gwynfe

Page 2 of 11 CONSULTATIONS/COMMENTS Consultee Received Comments

NP Planning Ecologist 7th Apr 2017 C. Comments 1. Thank you for consulting me on the above application. The development proposals are for minor amendments to the originally approved scheme; this includes minor changes to the penstock route, a change of materials to span one of the flushes, information regarding the air valves and a reduction on the size of the discharge pipe. 2. I visited the site earlier this year to discuss the proposed changes with the applicants and a representative from Natural Resources . I have reviewed the documents and drawings submitted with the application, which includes the following that relates to ecological issues: o Document D: Construction Methodology (amended version undated but received on 15 March 2017) 3. I welcome the submission of the amended Construction Methodology with the application; it highlights and clarifies the proposed minor changes as follows: a. The offtake weir - this will be "roughened- up" (rather than having hessian attached) to accelerate the growth of lower plants. b. A sentence on page 3 of the document is incomplete: The concrete will be mixed with the additive… I understand that paint will be added to darken the colour of the concrete and make it less visually intrusive; the sentence in the document should be clarified. c. Some rock within the stream bed will need to be cut away within the pool below the weir to lower the height of the pipe and reduce the potential for blockages. This is well away from the area of the pool that supports bog pondweed and appropriate mitigation measures can be employed to avoid negative impacts on water quality. d. The "pinch point" section - the pipe can now be buried above the pinch point and will therefore have a reduced visual impact. A new air valve is required as there is a slight rise in the height of the penstock. There is no ecological objection to the proposed change as the area does not support

Page 3 of 11 flushes with Hamatocaulis. e. Once the penstock has crossed the stream, there is a large flush with Hamatocaulis; this will now be spanned using rocks to support the penstock rather than using "H-frames" as originally proposed. I anticipate that this will be acceptable, but this amendment will require endorsement from Natural Resources Wales - flushes are one of the designated features of the Mynydd Du Site of Special Scientific Interest. f. A new air valve is now proposed for installation at the high point of the penstock route to the east of Pont Clydach. There is no ecological objection to this and landscape mitigation measures are proposed to reduce the visual impact. g. The discharge pipe is now proposed to have a diameter of 480mm rather 600mm as approved; again, there is no ecological objection to this. 4. Section 6 of the Environment (Wales) Act 2016 requires public authorities to seek to maintain and enhance biodiversity. Biodiversity enhancement measures have already been secured as part of this scheme.

D. Recommendations

If this Minor Amendment application is to be approved, I recommend that the planning permission is amended to secure the implementation of the revised Construction Methodology. All the other conditions should remain.

This application affects land within the Mynydd Du (Black Mountain) SSSI and should not be approved until comments from NRW have been received and they agree that the amendments are acceptable.

Reasons: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP o To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended)

Page 4 of 11 and the Environment (Wales) Act 2016

Natural Resources 10 April 2017 Thank you for consulting Natural Resources Wales Wales/Cyfoeth (NRW) regarding the above application for a minor Naturiol Cymru amendment of planning permission 15/12300/FUL on 24 March 2017. We recommend that you should only grant planning permission if you attach the following condition. This condition would address significant concerns that we have identified and we would not object provided you attach them to the planning permission. Condition: works to be carried out in accordance with the amended Construction Methodology (“Document D”) produced by TGV Hydro, dated February 2017, and the use of an appropriately qualified Ecological Clerk of Works on site where stated in the Construction Methodology. The proposed development has potential to impact upon the features of the Mynydd Du Special Site of Scientific Interest (SSSI). Specifically, we are concerned with how the proposed route could damage the colonies of Hamatocaulis vernicosus present in the area. Hamatocaulis vernicosus is a moss protected under Schedule 8 of the Wildlife and Countryside Act 1981 (as amended), and a feature of the SSSI. It is also an Annex II species under the Habitats Directive 1992 (Council Directive 92/43/EEC of 21 May 1992). The development permitted by this planning permission shall only be carried out in accordance with the amended Construction Methodology (“Document D”) produced by TGV Hydro, dated February 2017. We also require that the Ecological Clerk of Works employed by the applicant is qualified to recognise Hamatocaulis vernicosusis in the field, as this species is particularly difficult to identify. Further advice We note that that plans submitted in support of this application vary slightly to those submitted in support of the applications for abstraction and impoundment licenses which have been issued. The applicant is required to apply for a minor variation to the licence with corrected drawings and confirmation that the new measurements ensure that the maximum abstraction rate, flow split and Hands off Flow are maintained.

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NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

There is no requirement for publicity or consultation for a non-material amendment application.

OFFICER’S REPORT

REASON FOR REPORT TO PAROW COMMITTEE The applicant is the Brecon Beacons National Park Authority and the development is on land owned by the Authority. It therefore requires determination by the Planning Access and Rights of Way Committee.

INTRODUCTION This is an application seeking approval of a minor non-material amendment to planning permission reference 15/12300/FUL granted for the development of a High head micro hydro system, consisting of an integrated intake and forebay tank, pipeline and turbine house on Land To The North And South Of Pont Clydach Near Pencaegarw Uchaf. This application was considered at the 25 August 2015 Planning Access and Rights of Way Committee.

The development at the site is partially complete with the applicant having discharged pre-commencement conditions and undertaken substantial works to construct the hydro scheme. The developer has advised the Local Planning Authority that a number of amendments are required to the development and these were discussed on site with officers of the local planning authority.

The developers have advised the Local Planning Authority that the purpose of the proposed variations is:-

As part of the detailed design and build of the Afon Clydach Micro Hydropower scheme a number of small changes to the scheme are proposed that improve the schemes efficiency, reduce the potential for visual impact and reduce the need for future reinstatement works. The justification for these minor changes are described within this document and are detailed in the updated construction methodology and corresponding plans.

DESCRIPTION OF PROPOSED AMENDMENTS

The proposed amendments are as follows:-

Intake Variation to the Stainless Steel Intake Box and Screen.

Page 6 of 11 The developer has advised the local planning authority that the original plans proposed a coanda screen mesh for the intake box which is no longer available. An alternative coanda screen will be required. This will deviate from the permitted scheme with an increased acceleration plate and slightly wider diameter. This results in an increase in the length of the intake box from 344mm to 750mm and increase in the width from 1500mm to 1800mm. They have advised that this will allow the penstock to exit the intake structure closer to the bank and increase the efficiency of the scheme with a slightly greater holding capacity.

Variation to the Concrete Finish The original construction methodology proposed the use of hessian to provide a roughened surface to the exposed concrete facing wall. The developer has advised that they have undertaken Trials of this technique. In their view these trials have shown that the hessian is not able to be removed and looks unsightly. They are therefore proposing to scabble/knobble the exposed concrete to provide a roughened surface which will encourage a speedier regrowth of lower plants in the way that the original hessian concept hoped for.

Variation to the Concrete Mix. The developer is proposing to add a darkening agent to the concrete mix 208 Powder Mortar Tone Black cement dye. In their view this will reduce the visual impact of the concrete structure and will bring the colour of the concrete finish closer to that of the existing natural rock.

Changes to the profile of the Pipe as it exits the watercourse. An amendment is proposed to break out rock for a distance of 3m X 400mm. The rock would be lowered below the existing rock bed level. The developers have advised that this will reduce the potential for the penstock to cause blockages to the watercourse.

Penstock

Removal of the Required Stone Dike Wall around Pinch Point and Proposal to Bury the Pipe Instead. The original proposal required the scheme to navigate around a small elevated toe in the hill adjacent to the watercourse and to cover the pipe through the creation of a stone/turf dike to support the pipe. The developer advised that this technique would have changed significantly the visual appearance in an, albeit, very small area and would have been liable to be washed away during an extreme flood event leaving the penstock exposed until remedial works could be done. The developer further advised that: Cutting through the small (approx. 2m high) bank was originally discounted as it was assumed that this was a natural bedrock feature. However, excavations in the area have shown that excavations through this bank are possible (it is not bedrock) and as a consequence we are proposing to cut dig through this bank and bury the pipe using the same methodology as the rest of the section, removing the visual impact of the stone/turf dike and removing the potential for remedial works after a significant flood. A small air valve is being proposed to remove any air in the pipe due to its elevated

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Change of Materials to Span Sensitive Flush The original proposal to span a sensitive Hamatocaulis colony incorporated the use of steel rebar to lift the pipe up and over the area. Following onsite discussions with officers from Natural Resources Wales and BBNPA Planning Ecologist, the developer decided that using natural rock at either end of the span would reduce the potential for any potential chemical change in the water of the area caused by possible rust to the rebar.

Additional Clarity on the Air Valves Where the pipe leaves the watercourse channel and proceeds uphill, to the area where machine trenching begins, the pipe reaches a high point where an air valve is required. The Construction Method Statement has been amended to provide details of how the air valve will be screened through the use of rocks, soil and turfs. The construction method statement also now provides clarity that the Ecological Clerk of Works retains the right to request additional measures to ensure that the visual impact of the air valve is minimised.

Turbine House

Reduction in the Diameter of the Discharge Pipe A change is requested to the diameter if the discharge outflow pipe. The developer has advised that Confirmation from the turbine manufacturer has indicated that the size of the discharge outflow pipe can be reduced from 600mm down to 450mm. The 10mm screen conditioned by NRW to protect fisheries will remain.

CONSIDERATION OF MINOR NON MATERIAL AMENDMENTS

Introduction The Welsh Government has provided practice guidance to support decision making on requests to make minor non material amendments to planning applications. The guidance identifies the following as being significant in considering if an amendment can be considered non-material: a i is the scale of the proposed change great enough to cause an impact different to that caused by the original approved development scheme; and, a ii would the proposed change result in a detrimental impact either visually or in terms of local amenity? b would the interests of any third party or body be disadvantaged in planning terms; or, c would the proposed change conflict with national or development plan policies?

Welsh Government Practice Guidance advises: There is no statutory definition of a non- material amendment. This is because it depends on a number of factors such as the

Page 8 of 11 context of the overall scheme, the amendments being sought to the original planning permission, the specific circumstances of the site and surrounding areas, which will vary from one application to another. What may be nonmaterial in one context may be material in another.

The decision before the Committee is to consider if the amendments are non-material or whether they are material. In refusing such an application, the local planning authority will deem that the proposed changes will have a material effect. There is no appeal against this decision and applicants who wish to challenge a local planning authority's decision will have to consider other procedures such as using other existing application routes - for example submitting an application under Section 73 of the TCPA 1990 to approve minor material amendments.

Is the scale of the proposed change great enough to cause an impact different to that caused by the original approved development scheme; and, Would the proposed change result in a detrimental impact either visually or in terms of local amenity?

Amendments to Intake The changes to the intake are within the incised water channel and are not easily seen in the wider area. The increase in the intake box size is considered relatively minor and not significantly different to the consented proposal. The exiting of the pipe as it exits the intake is for a relatively short distance and will lower the pipe within the stream it will not be readily visible. It is also considered that moving the penstock closer to the bank still secured to the rock face and away from any Hamatocaulis vernicosus will reduce the visual impact of the penstock for its first 15m and mitigate for the minor dimension changes of the intake box. Calculations have been provided to illustrate how the minor rearrangements of the intake box won't impact on the licence conditions of the NRW Abstraction Licence and are provided on the revised Afon Clydach Calculation of HOF and Design Data Tables. The changes to the finish of the intake is considered to be acceptable and to be an improvement to its appearance. All details and methodologies for the works are included in a revised Construction Methodology.

Amendments to Penstock Based on a site visit it is accepted that the changes to the methodology within the Pinch Point area has less visual impact to the original proposal. The additional details on the air valve provides authority greater confidence that the air valves can be screened appropriately. The decision to use stone to span the flush will reduce the potential to alter the sensitive flush. All details and methodologies for the works are included in the revised Construction Methodology.

Amendments to turbine The reduction in the size of the outfall pipe is considered to clearly be a non-material amendment with no change to the impact of the proposal.

The impact of these changes were discussed on site with officers of the local planning

Page 9 of 11 authority and Natural Resources Wales (NRW). On site they were considered not to significantly change the impact of the proposal. This view is further supported by the response of the NP Planning Ecologist and NRW who do not offer any objections to the proposal subject to conditions.

The amendments to the proposal, in the context of the overall development of a kilometre in length micro hydro scheme are considered relatively minor and not substantively different to that caused by the original scheme. Some changes such as the new approach at the pinch point; the removal of rebar supports from the sensitive flush and the use of a dye for the concrete mix are considered to offer an improvement to the scheme. The changes would not therefore result in a wider impact there may be some points outside the site where the change will be visible but the change in appearance of the site will not result in a detrimental impact visually or in terms of amenity.

Would the interests of any third party or body be disadvantaged in planning terms The proposals are changes to the design of a micro hydro scheme within the approved site of development. The scheme appears to remain largely as approved. The application has been consulted to the National Park Ecologist and Natural Resources Wales who have advised that they have no objections to the amendments and they have not advised that they consider the changes to be significant and material. It is considered that the amendments would not result in a substantively different impact on neighbours and nearby residents. In terms of other third parties and consultees the scale of development is minor and it is not considered that the proposal would result in a change in impact on any consultees interests.

Would the proposed change conflict with national or development plan policies The proposal involves minor changes to the design of the development. The scheme remains largely as approved with the changes outlined above it is not considered that there would be any change in the acceptability of the scheme against relevant national and local planning policy.

Requirement to amend conditions Condition 4 and 5 of the planning permission reference directly to the approved construction methodology document and Condition 2 relates to the approved plans including approved elevations of the intake. These conditions state the following:

1. The development shall be carried out in all respects strictly in accordance with the approved plans drawing nos. NP1v1, NP2v1, NP3v1, NP4v1, NP5v1, NP6v1, NP7v1, NP8v1, NP9v1 and NP10v1 except where otherwise stipulated by conditions attached to this permission and unless otherwise agreed in writing by the Local Planning Authority.

4. The development hereby approved shall be carried out strictly in accordance with the

Page 10 of 11 principles and recommendations set out in Sections 3 and 4 of Document D: Construction Methodology by TGV Hydro, the mitigation measures in Section 6 of Document E: Biodiversity Impact Assessment, Mitigation and Enhancement Opportunities of Proposed Micro-Hydro Scheme on the Afon Clydach by TGV Hydro and the mitigation proposals set out in Section 6 of the Tree Report by TGV Hydro.

5. No development shall commence until the details of the appointment of an appropriately competent Ecological Clerk of Works have been submitted to and approved in writing by the Local Planning Authority. The appointed person shall undertake or supervise all activities as outlined in Document D: Construction Methodology by TGV Hydro and shall ensure the appropriate protection of all colonies of Hamatocaulis vernicosus within and adjacent to the application site.

This proposed amendments would require associated amendments to these conditions with the revised plans substituting the relevant approved plans and the reference to Document D: Construction Methodology by TGV Hydro to be clearly stated to relate to the revised version of this document received in February 2017. The changes to these conditions will be made clear in any decision letter issued fi this application is approved.

CONCLUSION Taking into account the context of the overall scheme, the amendments being sought to the original planning permission, the specific circumstances of the site and surrounding areas - it is concluded that the proposed amendments are non-material and it is recommended that they are consented.

RECOMMENDATION: Permit

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