Newport City Council Local Impact Report

NEWPORT CITY COUNCIL LOCAL IMPACT REPORT

06 April 2018

PINS Reference Number G6935/A/16/3150137

Applicant Gwent Farmers Community Solar Ltd

Appellant’s Agent Savills

LPA Reference Number 18/0129

Application Format Development of National Significance

Development Proposed Solar Farm & Battery Storage (2ry consent)

Application Site Land on the Caldicot Levels to the South of the Llanwern Steelworks Site

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1.0 Preamble

1.1 This Local Impact Report (LIR) has been prepared to meet the requirements of Section 62K of the 1990 Act, and Regulation 25 of the Developments of National Significance (Procedure) (Wales) Order 2016.

1.2 Limitations: This LIR is reliant upon information available within the submitted documents and prior knowledge of the site. Limited internal consultation has been undertaken within the Council but no specialist or technical consultee outside of the Council has been consulted. Further limitations are placed by the prescribed timescales for response. This LIR takes note of the relevant procedural guidance contained at Appendix 5 of the Welsh Government’s ‘Guidance on Developments of National Significance’.

1.3 We understand the LIR is a factual document that should not weigh evidence or make recommendations but should state whether impacts are anticipated to be positive, negative or neutral. As such this LIR will not qualify impacts beyond those words since to do so would be to apply weighting which is expressly excluded in the relevant advice.

1.4 This LIR considers the solar hub and battery storage as a single development.

2. RELEVANT SITE HISTORY

Ref. No. Description Decision & Date 14/0419 SCREENING OPINION FOR DEVELOPMENT OF A SOLAR ES Required FARM 17 June 2014 17/0559 SCREENING AND SCOPING OPINIONS FOR PROPOSED ES Required and SOLAR ENERGY HUB/FARM (49.9MW) ACCOMPANIED BY Scoped 200NO. BATTERY UNITS, SUBSTATION BUILDINGS AND 18 July 2017 ASSOCIATED PLANT

3.0 LOCAL PLANNING POLICY

3.1 Adopted Local Development Plan 2011-2026

Policy Wording SP1 – Sustainability Proposals will be required to make a positive contribution to sustainable development by concentrating development in sustainable locations on brownfield land within the settlement boundary. they will be assessed as to their potential contribution to: i) the efficient use of land; ii) the reuse of previously developed land and empty properties in preference to greenfield sites; iii) providing integrated transportation systems, as well as encouraging the co-location of housing and other uses, including employment, which together will minimise the overall need to travel, reduce car usage and encourage a modal shift to more sustainable modes of transport; iv) reducing energy consumption, increasing energy efficiency and the use of low and zero carbon energy sources; v) the minimisation, re-use and recycling of waste; vi) minimising the risk of and from flood risk, sea level rise and the impact of climate change; vii) improving facilities, services and overall social and environmental equality of existing and future communities; viii) encouraging economic diversification and in particular improving the vitality and viability of the city centre and district centres; ix) conserving, enhancing and linking green infrastructure, protecting and enhancing the built and natural environment; Page 2 of 16

x) conserving and ensuring the efficient use of resources such as water and minerals.

SP5 – Countryside Development in the countryside (that is, that area of land lying beyond the settlement boundaries shown on the proposal and inset maps) will only be permitted where the use is appropriate in the countryside, respects the landscape character and biodiversity of the immediate and surrounding area and is appropriate in scale and design. Housing development, rural diversification and rural enterprise uses, beyond settlement boundaries, will only be appropriate where they comply with national planning policy. SP8 – Special Special Landscape Areas are designated as follows within which Landscape Areas proposals will be required to contribute positively to the area through high quality design, materials and management schemes that demonstrate a clear appreciation of the area’s special features: v) Caldicot levels

SP9 – Conservation The conservation, enhancement and management of recognised sites of the Natural, within the natural, historic and built environment will be sought in all Historic & Built proposals. Environment SP13 – Planning Development will be required to help deliver more sustainable Obligations communities by providing, or making contributions to, local and regional infrastructure in proportion to its scale and the sustainability of its location. this list is not exhaustive, but the following are infrastructure priorities that developments will be expected to provide or contribute to in order to mitigate any negative consequences of development:  educational facilities and/or their upgrades;  affordable housing;  improvements to the highway network, including walking and cycling routes and public transport;  outdoor recreation;  protection, enhancement and management of the natural, historic and built environments;  community facilities and/or their upgrades; and  improvements to the public realm.

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GP1 – Climate Development proposals should: Change i) be designed to withstand the predicted changes in the local climate and to reduce the risk of flooding on site and elsewhere by demonstrating where appropriate that the risks and consequences of flooding can be acceptably managed, including avoiding the use of non-permeable hard surfaces; ii) be designed to minimise energy requirements and incorporate appropriate renewable, low or zero carbon energy sources, including on site energy provision where practicable; iii) be designed to reuse or recycle existing construction materials present on the site; iv) meet the relevant breeam or code for sustainable homes level.

GP2 – General Development will be permitted where, as applicable: Amenity i) there will not be a significant adverse effect on local amenity, including in terms of noise, disturbance, privacy, overbearing, light, odours and air quality; ii) the proposed use and form of development will not be detrimental to the visual amenities of nearby occupiers or the character or appearance of the surrounding area; iii) the proposal seeks to design out the opportunity for crime and anti- social behaviour; iv) the proposal promotes inclusive design both for the built development and access within and around the development; v) adequate amenity for future occupiers.

GP3 – Service Development will be permitted where, as applicable: Infrastructure i) necessary and appropriate service infrastructure either exists or can be provided; ii) in areas served by the public foul sewer, there is capacity for the development within the system or, if not, satisfactory improvements are provided by the developer;

In areas served by the public foul sewer, development will not be permitted with connections to private facilities unless there are exceptional circumstances that prevent connection to the public sewer. GP4 – Highways and Development proposals should: Accessibility i) provide appropriate access for pedestrians, cyclists and public transport in accordance with national guidance; ii) be accessible by a choice of means of transport; iii) be designed to avoid or reduce transport severance, noise and air pollution; iv) make adequate provision for car parking and cycle storage; v) provide suitable and safe access arrangements; vi) design and build new roads within private development in accordance with the highway authority’s design guide and relevant national guidance; vii) ensure that development would not be detrimental to highway or pedestrian safety or result in traffic generation exceeding the capacity of the highway network.

GP5 – Natural development will be permitted where, as applicable: Environment i) the proposals are designed and managed to protect and encourage biodiversity and ecological connectivity, including through the incorporation of new features on or off site to further the U.K., Welsh and/or Newport biodiversity action plans; ii) the proposals demonstrate how they avoid, or mitigate and compensate negative impacts to biodiversity, ensuring that there are no significant adverse effects on areas of nature conservation interest including international, European, national, Welsh Section 42 and local protected Page 4 of 16

habitats and species, and protecting features of importance for ecology; iii) the proposal will not result in an unacceptable impact on water quality; iv) the proposal should not result in the loss or reduction in quality of high quality agricultural land (grades 1, 2 and 3a); v) there would be no unacceptable impact on landscape quality; vi) the proposal includes an appropriate landscape scheme, which enhances the site and the wider context including green infrastructure and biodiversity networks; vii) the proposal includes appropriate tree planting or retention where appropriate and does not result in the unacceptable loss of or harm to trees, woodland or hedgerows that have wildlife or amenity value.

GP6 – Quality of Good quality design will be sought in all forms of development. the aim is Design to create a safe, accessible, attractive and convenient environment. in considering development proposals the following fundamental design principles should be addressed: i) context of the site: all development should be sensitive to the unique qualities of the site and respond positively to the character of the area; ii) access, permeability and layout: all development should maintain a high level of pedestrian access, connectivity and laid out so as to minimise noise pollution; iii) preservation and enhancement: where possible development should reflect the character of the locality but avoid the inappropriate replication of neighbouring architectural styles. the designer is encouraged to display creativity and innovation in design; iv) scale and form of development: new development should appropriately reflect the scale of adjacent townscape. care should be taken to avoid over-scaled development; v) materials and detailing: high quality, durable and preferably renewable materials should be used to complement the site context. detailing should be incorporated as an integral part of the design at an early stage; vi) sustainability: new development should be inherently robust, energy and water efficient, flood resilient and adaptable, thereby facilitating the flexible re-use of the building. where existing buildings are present, imaginative and sensitive solutions should be sought to achieve the re-use of the buildings.

GP7 – Environmental Development will not be permitted which would cause or result in Protection & Public unacceptable harm to health because of land contamination, dust, Health instability or subsidence, air, heat, noise or light pollution, flooding, water pollution, or any other identified risk to environment, local amenity or public health and safety. CE1 – Routeways, Development proposals should protect and enhance the appearance and Corridors & Gateways connectivity of existing and future main route corridors and gateways into the city. the routes include: ix) other principal transport routes in the urban area.

CE4 – Historic Sites included in the register of landscapes, parks and gardens of special Landscapes, Parks, historic interest and identified historic battlefields should be protected, gardens & Battlefields conserved, enhanced and where appropriate, restored. Attention will also be given to their setting. CE6 - Archaeology development proposals will normally be required to undertake an archaeological impact assessment before the proposal is determined: i) where groundworks and/or the installation of services are proposed within the archaeologically sensitive areas of Caerleon, the levels, lower Machen and the city centre , or; ii) within other areas of recognised archaeological interest.

CE9 – Coastal Zone development will not be permitted in the coastal area or adjoining the tidal Page 5 of 16

river unless: i) in the undeveloped coastal area such development is required to be on the coast to meet an exceptional need which cannot reasonably be accommodated elsewhere; ii) the area is not itself at risk nor will the proposed development exacerbate risks from erosion, flooding or land instability

Development which requires a coastal location should be sited within the developed coastal zone. CE10 – Renewable Renewable energy schemes will be considered favourably, subject to Energy there being no over-riding environmental and amenity considerations. Small scale micro-generation will be encouraged within the settlement boundary. Large scale proposals may be more appropriately located outside of the defined settlement boundary if no appropriate brownfield sites exist. The cumulative impacts of renewable energy schemes will be an important consideration. T7 – Public Rights of Any public footpath, bridleway or cycleway affected by development Way & New proposals will require retention or the provision of a suitable alternative. Development Provision of additional routes, where appropriate, will be sought in new developments, with linkages to the existing network. T8 – All Wales Development proposals should protect and enhance the all wales coast Coastal Path path. The provision of additional routes to link to the coast path will be encouraged.

3.2 Supplementary Planning Guidance  Wildlife and Development SPG (Aug 2015)  Archaeology and Archaeologically Sensitive Areas SPG (Aug 2015)  Trees, Woodland, Hedgerows and Development Sites SPG (Jan 2017)  Air Quality SPG (Feb 2018)

4. ASSESSMENT OF LIKELY IMPACT OF THE PROPOSAL 4.1 The applicant confirms the proposal is for a solar farm of 49.9MW covering an area of 345 acres.

The Location of the Development

4.2 The site is a wetland / coastal zone with significant designations as follows:  Sites of Special Scientific Interest (Whitson and Nash & Goldcliff) – aquatic flora and fauna;  Adjacent to other statutory designations with significant bird interest, namely the River Severn Estuary (Marine SAC / SPA & Ramsar Site) and Newport Wetlands (NNR);  Archaeological Sensitive Area;  Historic Landscape & Listed Buildings;  Special Landscape Area;  Important Recreational Routes (National Cycle Route 4 & the All Wales Coastal Path)  Countryside  Undeveloped Coatal Zone  The site is designated as Natural Accessible Greenspace;  The site is within Flood Risk Zone C1;  The records show the site to be located within Agricultural Land Classification 3b.  The site has a number of Public Right of Ways within its boundary (392/22/1, 392/18/1, 392/23/1, 392/19/1 and 392/GL2/1).  The site has the potential to impact of the following Listed Buildings: Whiston Court, Little Porton Cottage, Little Porton Byre, Whitson Farm and Whitson Lodge.  There are two Historic Environment Records within the site; their references are 10945g and 10944g.  The site has the potential to impact on the following Scheduled Ancient Monument (located in Monmouthshire CC) SAM reference MM205. Page 6 of 16

4.3 The key Issues relating to the development as proposed are considered to be:  Landscape & Visual Impact (character & appearance);  Impact on Bio-diversity issues – Gwent Levels SSSIs and bird assemblages in the Marine SAC / Ramsar Site / SPA (River Severn);  Impact on Historic Landscape & Listed Buildings & Scheduled Ancient Monuments;  Impact on Archaeological Sensitive Area;  Flooding;  Highways Issues;  Rural Character / Mitigation;  Loss of agricultural land (regardless of temporary nature)

4.4 Landscape and Visual Impact

4.4.1 A full Landscape and Visual Impact Assessment has been provided. Consideration should be given to the effects of the proposal on:  Landmap Character Areas that will be affected (refer to Landmap);  Users of Public Rights of Way, including the All Wales Coastal Path;  Views from highways (especially National Cycle Route 4);  Views from nearby dwellings;  Impacts on the settings of any Listed Buildings and Scheduled Ancient Monuments, in or near the site;  Impacts on the Special Landscape Area.

4.4.2 The Council considers that the Landscape & Visual impact of the proposal would be negative and notes the adverse assessments of the submitted LVIA.

4.4.3 The Council consider the impact on the Caldicot Levels Special Landscape Area to be negative. See SLA5: Caldicot Levels; Special Landscape Areas Background Paper (June 2013) and the submitted LVIA.

4.5 Ecological Impact

4.5.1 The site lies within the Gwent Levels SSSIs. The particular interest lies within the reen system and the assemblages of aquatic plants and animals that live within the reens and ditches. Particular issues arise during construction and de-commissioning with issues over mobilisation of sediment and increased risk of pollutants affecting water quality. The operational phase will potentially cause issues to arise from shading or restrictions on reen maintenance

4.5.2 Other issues arise from impacts on birds associated with the Severn Estuary SPA / SAC / SSSI and the Newport Wetlands SSSI. These will need to be considered as well as any birds that might habitually use the site at the current time.

4.5.3 Subject to appropriate avoidance / mitigation / compensation the likely impacts will be neutral / positive. If avoidance / mitigation / compensation is not secured ecological outcomes will be negative. Suggested conditions seek to secure appropriate outcomes. The Council notes that the Planning Inspectorate (Wales) does not consider ecological enhancement to be a matter that can be secured under condition and further notes the application description includes ‘environmental enhancements’. The Council is of the view national policy seeks ecological enhancements and such enhancements can and should be secured. In any event the proposed measures appear to fall squarely as avoidance / mitigation and compensation.

4.6 Historic Landscape

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4.6.1 The site lies entirely within the Gwent Levels Historic Landscape. An assessment of the impact of the development on the historic landscape using the Assessment of the Impact of Development on Historic Landscapes 2 methodology will be needed (ASIDOHL 2) will need to be undertaken. Impacts on the historic landscape may be ephemeral but could be permanent dependent on how the proposal impacts on the field patterns and drainage system.

4.6.2 The Council notes the conclusions of the Glamorgan & Gwent Archaeological Trust’s Historic Landscape Assessment (March 2015) which identifies a severe adverse impact on the Historic Landscape. It further notes the Savills Revision that harm would be moderate. In any event it can be concluded the impact would be negative.

4.7 Archaeological Impact

4.7.2 The site lies within an Archaeological Sensitive Area. Impacts on the archaeological resource could be permanent and irreversible depending on the extent of ground intrusion. An assessment of potential impacts should be made. The Council notes the provision

4.7.3 The Archaeological Desk based Assessment (March 2015) identifies some major and some minor adverse effects (Paragraph 5) but notes these can be acceptably mitigated under a conditional regime. As such the anticipated impact on the archaeological resource is neutral, subject to conditional controls requiring a watching brief.

4.8 Flooding

4.8.1 The site lies within a defended floodplain (C1) as identified in the Welsh Government’s Development Advice Maps. It will be necessary to show that the effects of tidal flooding can be acceptably managed on the site.

4.8.2 Technical Advice Note 15 requires that location of the development within the flood plain is justified. The test at Paragraph 6.2 of the TAN reads as follows:

i. Its location in zone C is necessary to assist, or be part of, a local authority regeneration initiative or a local authority strategy required to sustain an existing settlement; or, ii Its location in zone C is necessary to contribute to key employment objectives supported by the local authority, and other key partners, to sustain an existing settlement or region; and, iii It concurs with the aims of PPW and meets the definition of previously developed land (PPW fig 2.1); and, iv The potential consequences of a flooding event for the particular type of development have been considered, and in terms of the criteria contained in sections 5 and 7 and appendix 1 found to be acceptable.

The test requires that the scheme is necessary in the proposed location which suggests that no other site was suitable or available – as such the site selection process should be clearly demonstrated as part of the submission. The site is not Previously Developed Land for the purposes of PPW and on its face the proposal cannot be justified in the chosen location.

4.8.3 The Council notes that the applicant has submitted a ‘Flood Risk Justification Test’ (September 2017) but this does not on its face engage with the justification tests within TAN15. If the proposal is unjustified development within a flood plain then the impact would be negative. If the development can be justified then the submitted flood Consequences Assessment shows a flood event is manageable but consideration should be given to the impact of power loss from the grid. Loss of storage capacity caused by the battery storage units being raised is likely to be negligible. Subject to justification the impact of the scheme in flooding terms is likely to be negative due to the replacement of a less vulnerable use with a more vulnerable use.

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4.9 Access and Highways

4.9.1 Negative impacts can be expected during the construction and de-commissioning phases due to increased usage of a limited rural road network. These can be mitigated under condition. During the operational phase impacts on the highway system are likely to be neutral / positive given the possible displacement of some agricultural vehicles from the network although adjacent land will continue to be farmed and local agricultural traffic will continue.

4.10 Rural Character / Mitigation

4.10.1 Consideration should be given to any proposed mitigation to protect the rural character of the area. Proposed planting and use of materials in trackways should be considered. The scale and location of any structures to house switch gear etc. should be assessed and sited sensitively. Proposed lighting and signage should be fully cognisant of the site’s rural location as should any work to improve access, for example opening of field gates or the improvement of visibility splays. 4.10.2 Mitigation secured under condition is likely to reduce adverse impacts but there will be a significant and prolonged change in the character of the area should the proposal go ahead. This will be negative in landscape and visual terms. However large solar facilities are not atypical in rural areas and there is no presumption against them.

4.11 Agricultural Land Classification & Reversibility

4.11.1 There is a policy presumption in favour of retaining the best and most versatile agricultural land. The classification of the land that comprises the site has been ascertained at Grades 3b to 4. There is no policy protection for such grades.

4.11.2 The impact of the proposal will be negative in terms of agricultural potential over the lifetime of the development since the land will be lost to most agricultural forms other than low intensity grazing. Long-term impacts are likely to be neutral subject to effective site restoration which should be secured under condition.

4.12 Power Generation

4.12.1 The scheme would generate 49.9MW of electrical power sufficient to power 15,000 homes and prevent the release of 21,000 tonnes of CO2 per year. This would be positive.

5.0 Publicity

5.1 This was provided to the Planning Inspectorate Wales on 09/03/2018 but is attached to this LIR for ease of reference.

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SUGGESTED CONDITIONS

PLANS: This proposal shall be carried out in accordance with the following plans: Drawing 1045592/PL02 – Site Layout Plan Drawing 1045592/PL04 – Typical Details Reason: to comply with Paragraph 4.16 of Welsh Government Circular 016/2014 (Conditions).

LIFETIME OF THE PROPOSAL: the permission hereby granted shall expire 30 years from the date when electrical power is first exported (‘first export date’) from the solar farm to the electricity grid network, excluding electricity exported during initial testing and commissioning. Written confirmation of the first export date shall be provided to the Local Planning Authority no later than one calendar month after the event. Reason: the proposed scheme has a 30 year lifespan.

CONSTRUCTION METHOD STATEMENT: Development shall not be begun until a construction method statement has been submitted to and approved in writing by the Local Planning Authority. The construction method statement shall accord with the aims and objectives of the ‘Outline Construction & Environmental management Plan (January 2018) and shall set out details of all on- site construction works; post-construction reinstatement; drainage; mitigation; and other restoration, together with details of their timetabling. It shall include details of, and measures to secure: (a) the phasing of construction works; (b) the formation and position of the temporary construction compounds; (c) dust management and suppression; (d) cleaning of site entrance, facilities for wheel washing and cleaning the adjacent public highway; (e) pollution control, including the protection of water courses and ground water; subsoil surface water drainage; bunding and siting of fuel storage areas; sewage and foul water drainage and disposal; and emergency procedures and pollution response plans; (f) temporary site illumination during the construction period; (g) the methods to be adopted to reduce the effects of noise occurring during the construction period to the lowest practicable levels and in accordance with BS 5228: Noise control on construction and open sites; (h) storage of materials and disposal of surplus materials; (i) the construction of the accesses into the site, the erection of any entrance gates and the creation and maintenance of associated visibility splays; (j) access tracks and other areas of hardstanding, including areas of temporary road matting; (l) the carrying out of foundation works, including the foundation of the solar arrays and any other structures to be installed on the site; (m) method of working cable trenches, including soil storage and back-filling; and details of cable boring methodologies below reens / ditches / other water courses and below hedges; (n) general soil storage and handling; (o) post-construction restoration/reinstatement of the working areas, including cable trenches and area covered by any matting or other areas where the soil has been disturbed or compressed; (p) the sheeting of all heavy goods vehicles construction materials to, or spoil from, the site to prevent spillage or deposit of any materials on the highway; (q) details of the vehicles to be used on the site during construction activities (r) details of control of surface water to prevent it entering the public highway or carrying sediment to the surface water drainage network in the vicinity of the site. (s) identification of buffer strips adjacent to water courses or retained vegetation features such as hedges or trees and sites where birds are nesting; (t) means to exclude small animals from excavations.

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The works shall proceed in full accordance with the agreed construction method statement. Reason: to protect the interests of the rural character of the area, the integrity and safety of the highway network and to protect the amenity of residents, ecological interests and to ensure the site can be restored to agricultural use.

CONTROL OF RUN-OFF WITHIN THE SITE: No development shall commence on the battery storage units until details have been provided to show how run-off generated from those units and any associated areas of hardstanding shall be contained and prevented from running off the site at above existing rates of discharge. Thereafter the agreed scheme shall be implemented fully as agreed prior to the first export date. Reason: to maintain the current drainage regime in the interests of the SSSIs in the area..

ROOT PROTECTION & BUFFER STRIP PROTECTION DETAILS: No operations of any description (this includes all forms of development, tree felling, tree pruning, temporary access construction, soil moving, and operations involving the use of motorised vehicles or construction machinery), shall commence on site in connection with the development until Root Protection Barrier / Buffer Strip Protection fencing has been installed in accordance with details that have been submitted to and approved in writing by the Local Planning Authority. These details shall include information on the constructional details of the fencing and its positioning clearly shown in plan form. No excavation for services, storage of materials or machinery, parking of vehicles, deposits or excavation of soil or rubble, lighting of fires or disposal of liquids shall take place within the areas defined by the fencing. The fencing shall be retained for the full duration of the construction phase of the development, and shall not be removed or repositioned without the prior written approval of the Local Planning Authority. Reason: To protect important landscape and water features within the site.

DETAILS OF TRACKWAY CONSTRUCTION: No tracks shall be constructed on the site until details of their construction have been provided in writing to the LPA. Following the LPA’s written agreement any tracks shall be constructed fully in accordance with the agreed details. Reason: to ensure any tracks are constructed in a fully reversible way in the long-term interests of restoring the site to agricultural use and to reduce the risk of increased rates of run-off.

ARCHAEOLOGY: No development, to include demolition, shall take place until the implementation of a programme of archaeological work has been secured in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority. Reason: To identify and record and features of archaeological interest discovered during the works, in order to mitigate the impact of the works on the archaeological resource within an Archaeologically Sensitive Area.

TRAFFIC MANAGEMENT PLAN: No HGV shall access the site until details of a traffic management plan (TMP) have been submitted to and approved in writing by the Local Planning Authority. The TMP shall include details of:  Signage;  Details of temporary traffic management measures, such as traffic lights;  All other measures to be taken to ensure the site can be accessed safely and with minimum disruption to the public highway including the green lane. Reason: to protect the integrity and safety of the highway network.

LIGHTING: There shall be no permanent illumination on the site unless otherwise agreed in writing by the local planning authority. Page 11 of 16

Reason: to protect the rural character of the site.

BATTERY STORAGE UNITS COLOUR: The battery storage units hereby approved shall be finished in a dark green colour. Reason: to reduce their visual impact

HEDGEROW PLANTING & STRENGHTENING: Details of the proposed new hedgerow and any strengthening of existing hedgerow planting shall be provided in writing to the Council. Details shall accord with the Draft Landscape & Ecology Management Plan (LEMP) October 2017 and shall include details of ground preparation, species and planting pattern. Thereafter the new planting shall be implemented by the end of the first full planting season (October to March inclusive) available after the first export date. The new hedgerow planting shall be managed in accordance with the Management Specification – New Hedgerows at Paragraph 6.4.2 of the Draft LEMP and Appendix 3 of the same document. Reason: to protect and enhance existing landscape features on the site and to mitigate harm to rural character caused by the proposal.

SHRILL CARDER BEE ` AREA: The proposed new grassland / wildflower meadow shall be provided as described within the Draft Landscape & Ecology Management Plan (LEMP) October 2017 by the end of the first full planting season (October to March inclusive) available after the first export date. The grassland / wildflower meadow shall be managed in accordance with the Management Specification – grassland for shrill carder bee at Paragraph 6.5.3 of the Draft LEMP and Appendix 3 of the same document. Reason: to provide replacement habitat for the shrill carder bee in the interests of the relevant SSSIs.

LAPWING MANAGEMENT PLAN: full details of a finalised Lapwing Mitigation Plan shall be submitted to the Council. The plan shall accord with the principles outlined at Appendix 4 of the Draft Landscape & Ecological Management Plan (LEMP) and shall confirm the land to which the Plan relates. Thereafter the plan shall be implemented within a timescale proposed as part of the plan and the Plan shall be fully accorded with thereafter. Reason: to mitigate the harm caused by the loss of lapwing habitat.

ECOLOGICAL MITIGATION – WILDLIFE FEATURES: The ecological mitigation described in Paragraph 5.2 of the Draft Landscape & Ecological Management Plan (LEMP) shall be implemented within 6 months of the first export date. Reason: to mitigate for habitat loss.

HEDGEROW REMOVAL: Full details of Hedgerow removal shall be provided in writing to the Council. The details shall include:  Precise location of hedges to be removed  Removal methodology  Timing of Removal  Mechanism to prevent disturbance to nesting birds and other fauna No hedge shall be removed until the details are agreed in writing. No hedge shall be removed that has not been identified for removal. Reason: to provide ecological enhancement, to protect landscape features and to protect the interests of fauna and the relevant SSSIs.

ECOLOGICAL MONITORING & CONTINGENCY: Prior to the commencement of any works of ecological mitigation / compensation the applicant shall produce an ‘Ecological Monitoring &

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Contingency Plan’. The plan shall set out the principle aims and objectives of the ecological work to be undertaken as part of this approval and shall identify a monitoring and reporting schedule that shall have regard to the objectives of the plan. Monitoring Reports shall be submitted to the Council within 3 months of their completion. Objectives shall be short term (5 years and less), mid- term (6-10 years) and long term (11-30 years). The plan shall allow for contingency actions to be taken if monitoring shows stated objectives are not being achieved. Any change in the ecological mitigation proposed for the site shall be submitted to and agreed in writing by the Council. Thereafter any contingency shall be carried out fully as agreed. Reason: to ensure ecological mitigation is being achieved.

LAPWING & CRANE MITIGATION: Full details of a plan to mitigate any harm to the interests of Lapwings & Common Cranes caused by the scheme hereby approved shall be submitted to the Council in writing prior to development commencing. Following the Council’s written agreement the proposal shall proceed fully in accordance with the agreed plan. No work shall commence until the plan is agreed. Reason: to protect Lapwings & Common Cranes on the Gwent Levels

DETAILS OF REEN CROSSINGS: Details of all proposed reen crossings either temporary or permanent shall be provided to the Council in writing. Following the Council’s written agreement the reen crossings shall be installed as agreed. No other reen crossings shall be installed. Reason: to protect the interests of the relevant SSSIs and the integrity of the local drainage system.

NO FENCES TO SPAN WATER COURSES: Notwithstanding the submitted details no fences shall span any watercourse. Reason: to comply with the pre-application advice of Cyfoeth Naturiol Cymru / Natural Resources Wales.

SITE ACCESS: The site shall be accessed in accordance with details of the ‘Construction Traffic Management Plan’ (November2016). Reason: in the interests of Highway Safety.

LANDSCAPE MANAGEMENT: All Landscape features within the site shall be manged in accordance with Appendix 3 (Management Schedule) of the Draft Landscape & Ecological Management Plan (LEMP). Reason: so that vegetation and landscape features on the site are properly managed in the interest of ecological mitigation, the relevant SSSIs and wider visual amenity.

DECOMMISSIONING: Decommissioning and restoration: Not later than 12 months before the expiry of this permission, a decommissioning and site restoration scheme shall be submitted for the written approval of the Local Planning Authority. The scheme shall make provision for the removal of the solar panels and all other associated equipment & paraphernalia and the subsequent restoration of the site. The scheme shall include details of:  the extent of equipment and foundation removal and the site restoration to be carried out;  the management and timing of any works;  a traffic management plan to address likely traffic impact issues during the decommissioning period;  an environmental management plan to include details of measures to be taken during the decommissioning period to protect wildlife, habitats and tree features on the site;  identification of access routes;  location of material laydown areas;

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 full details of the removal of the solar arrays, associated buildings and plant, any trackways and sub-surface cabling and all associated works of ground restoration including trench backfilling;  full details of all works to restore the land to allow for agricultural production following the removal of structures from the site;  a programme of implementation. The approved scheme shall be implemented within 6 months of the expiry of this permission and then proceed fully in accordance with the agreed details in accordance with the decommissioning programme. Reason: to ensure the site is fully restored to allow agricultural use and to maintain the rural appearance of the area.

REPAIR, REPLACEMENT AND REMOVAL OF SOLAR FARM: If the solar farm hereby permitted fails to produce electricity for supply to the grid for a continuous period of 6 months, a scheme shall be submitted to the Local Planning Authority for its written approval within 3 months of the end of that 6 month period for the repair or removal of the solar farm. Where repairs or replacements are required the scheme shall include a proposed programme of remedial works. Where removal of the solar farm is required the scheme shall include the same details required under the decommissioning condition of this permission. The relevant scheme shall thereafter be implemented in accordance with the approved details and timetable. Reason: to ensure the solar farm beneficially generates electricity or is otherwise removed to the benefit of the character and appearance and the agricultural potential of the area.

NOISE: The Inverters and Generators hereby approved shall be acoustically treated and tested in accordance with British Standard 3744: 2010to ensure the overall sound power levels meets the minimum requirements. Reason: in the interests of ecology & rural character.

WATER QUALITY MONITORING PLAN & CONTINGENCY PLAN: Prior to the commencement of any works on the site a Water Quality Monitoring Plan shall be submitted to the Council. The Plan shall establish a pre-development baseline and identify how monitoring shall proceed including a reporting schedule to the Council and the duration of the monitoring regime. All monitoring reports shall have regard to the baseline assessment. In the event that significant reductions in water quality are identified through monitoring then the applicant or any successor in title shall provide a contingency plan to address the issue to the Council in writing. The contingency plan shall be implemented as agreed thereafter. Reason: to protect the interests of the relevant SSSIs.

TREES: No trees shall be removed other than identified in the Arboricultural Impact Assessment. No tree shall be removed until it has been confirmed it does not contain nesting birds or a bat roost. *T25 (low bat potential), T32 (moderate bat potential), T33 (low bat potential) scheduled for removal – see ES Appendix 1.12 & Aboricultural Impact Assessment

GAPS IN FENCE: Details of the locations and gaps beneath the installed fencing shall be provided in writing to the Council prior to the installation of any permanent fence. Following the Council’s written agreement the fence shall be installed as agreed. Reason: to allow the passage of small animals through the site in the interests of ecology.

FOUNDATION DETAILS & LEVELS: Prior to the installation of the battery storage units details of the platforms they will be sited on and the slab level of those platforms shall be provided in writing to the Council. Following the Council’s written agreement the platforms will be built as agreed. Reason: to protect visual amenity and to limit ground intrusion in the interests of archaeology.

SUGGESTED S106 LEGAL AGREEMENT: HEADS OF TERMS

The applicant shall enter into a legal agreement to:

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 Undertake a pre-commencement survey of all adopted roads & green lanes (Half Acre Lane) affected by the development (specific roads / lanes to be agreed);  Undertake a post completion survey of the same roads;  Undertake to repair any damage to an agreed standard at the expense of the applicant.

Reason: to mitigate excessive damage to the public highway network that results from the proposal.

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Attached  Special Landscape Areas Background Paper (June 2013)  Publicity (Letter to PINS Wales dated 09/03/2018)  LIR Consultation Responses o NCC Ecology o NCC Highways o NCC Public Rights of Way o NCC Planning Policy

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NEWPORT CITY COUNCIL LOCAL IMPACT REPORT

09 April 2018

PINS Reference Number G6935/A/16/3150137

Applicant Gwent Farmers Community Solar Ltd

Appellant’s Agent Savills

LPA Reference Number 18/0198

Application Format Development of National Significance

Development Proposed Battery Storage (secondary consent)

Application Site Land on the Caldicot Levels to the South of the Llanwern Steelworks Site

1.0 Preamble

1.4 This LIR considers the secondary consent associated within the DNS submission. The secondary consent is an application for planning permission for the erection of battery storage units (200 units) to support a solar energy hub. Notwithstanding the above, this report should be read in conjunction with the LIR dated 6 April 2018 which has considered the solar hub and battery storage as a single development.

2. RELEVANT SITE HISTORY

3.0 LOCAL PLANNING POLICY

3.1 Adopted Local Development Plan 2011-2026

Policy Wording

SP1 – Sustainability Proposals will be required to make a positive contribution to sustainable development by concentrating development in sustainable locations on brownfield land within the settlement boundary. they will be assessed as to their potential contribution to: i) the efficient use of land; ii) the reuse of previously developed land and empty properties in preference to greenfield sites; iii) providing integrated transportation systems, as well as encouraging the co- location of housing and other uses, including employment, which together will minimise the overall need to travel, reduce car usage and encourage a modal shift to more sustainable modes of transport; iv) reducing energy consumption, increasing energy efficiency and the use of low and zero carbon energy sources; v) the minimisation, re-use and recycling of waste; vi) minimising the risk of and from flood risk, sea level rise and the impact of climate change; vii) improving facilities, services and overall social and environmental equality of existing and future communities; viii) encouraging economic diversification and in particular improving the vitality and viability of the city centre and district centres; ix) conserving, enhancing and linking green infrastructure, protecting and enhancing the built and natural environment;

x) conserving and ensuring the efficient use of resources such as water and minerals.

SP3 – Flood Risk Newport’s coastal and riverside location necessitates that development be directed away from areas where flood risk is identified as a constraint and ensure that the risk of flooding is not increased elsewhere. Development will only be permitted in flood risk areas in accordance with national guidance. Where appropriate a detailed technical assessment will be required to ensure that the development is designed to cope with the threat and consequences of flooding over its lifetime. Sustainable solutions to manage flood risk should be prioritised. SP4 – Water Development proposals should minimise water consumption, protect water Resources quality during and after construction and result in no net increase in surface water run-off through the sustainable management of water resources by: i) the use of sustainable drainage systems; ii) the reuse of water and reduction of surface water run-off through high quality designed developments; iii) careful consideration of the impact upon finite water resources, particularly in terms of increased pressures on abstraction and the impact of climate change. iv) ensuring development is appropriately located and phased so that there is capacity in the waste water, sewerage and water supply as well as the protection of water quality. SP5 – Countryside Development in the countryside (that is, that area of land lying beyond the settlement boundaries shown on the proposal and inset maps) will only be permitted where the use is appropriate in the countryside, respects the landscape character and biodiversity of the immediate and surrounding area and is appropriate in scale and design. Housing development, rural diversification and rural enterprise uses, beyond settlement boundaries, will only be appropriate where they comply with national planning policy. SP8 – Special Special Landscape Areas are designated as follows within which proposals will be Landscape Areas required to contribute positively to the area through high quality design, materials and management schemes that demonstrate a clear appreciation of the area’s special features: v) Caldicot levels

SP9 – Conservation of The conservation, enhancement and management of recognised sites within the the Natural, natural, historic and built environment will be sought in all proposals. Historic & Built Environment SP13 – Planning Development will be required to help deliver more sustainable communities by Obligations providing, or making contributions to, local and regional infrastructure in proportion to its scale and the sustainability of its location. this list is not exhaustive, but the following are infrastructure priorities that developments will be expected to provide or contribute to in order to mitigate any negative consequences of development:  educational facilities and/or their upgrades;  affordable housing;  improvements to the highway network, including walking and cycling routes and public transport;  outdoor recreation;  protection, enhancement and management of the natural, historic and built environments;  community facilities and/or their upgrades; and  improvements to the public realm.

GP4 – Highways and Development proposals should: Accessibility i) provide appropriate access for pedestrians, cyclists and public transport in accordance with national guidance; ii) be accessible by a choice of means of transport; iii) be designed to avoid or reduce transport severance, noise and air pollution; iv) make adequate provision for car parking and cycle storage; v) provide suitable and safe access arrangements; vi) design and build new roads within private development in accordance with the highway authority’s design guide and relevant national guidance; vii) ensure that development would not be detrimental to highway or pedestrian safety or result in traffic generation exceeding the capacity of the highway network.

GP6 – Quality of Good quality design will be sought in all forms of development. the aim is to Design create a safe, accessible, attractive and convenient environment. in considering development proposals the following fundamental design principles should be addressed: i) context of the site: all development should be sensitive to the unique qualities of the site and respond positively to the character of the area; ii) access, permeability and layout: all development should maintain a high level of pedestrian access, connectivity and laid out so as to minimise noise pollution; iii) preservation and enhancement: where possible development should reflect the character of the locality but avoid the inappropriate replication of neighbouring architectural styles. the designer is encouraged to display creativity and innovation in design; iv) scale and form of development: new development should appropriately reflect the scale of adjacent townscape. care should be taken to avoid over-scaled development; v) materials and detailing: high quality, durable and preferably renewable materials should be used to complement the site context. detailing should be incorporated as an integral part of the design at an early stage; vi) sustainability: new development should be inherently robust, energy and water efficient, flood resilient and adaptable, thereby facilitating the flexible re-use of the building. where existing buildings are present, imaginative and sensitive solutions should be sought to achieve the re-use of the buildings.

GP7 – Environmental Development will not be permitted which would cause or result in unacceptable Protection & Public harm to health because of land contamination, dust, instability or subsidence, air, Health heat, noise or light pollution, flooding, water pollution, or any other identified risk to environment, local amenity or public health and safety. CE1 – Routeways, Development proposals should protect and enhance the appearance and Corridors & Gateways connectivity of existing and future main route corridors and gateways into the city. the routes include: ix) other principal transport routes in the urban area.

CE4 – Historic Sites included in the register of landscapes, parks and gardens of special historic Landscapes, Parks, interest and identified historic battlefields should be protected, conserved, gardens & Battlefields enhanced and where appropriate, restored. Attention will also be given to their setting. CE6 - Archaeology development proposals will normally be required to undertake an archaeological impact assessment before the proposal is determined: i) where groundworks and/or the installation of services are proposed within the archaeologically sensitive areas of Caerleon, the levels, lower Machen and the city centre , or; ii) within other areas of recognised archaeological interest.

CE9 – Coastal Zone development will not be permitted in the coastal area or adjoining the tidal

Development which requires a coastal location should be sited within the developed coastal zone. CE10 – Renewable Renewable energy schemes will be considered favourably, subject to there being Energy no over-riding environmental and amenity considerations. Small scale micro- generation will be encouraged within the settlement boundary. Large scale proposals may be more appropriately located outside of the defined settlement boundary if no appropriate brownfield sites exist. The cumulative impacts of renewable energy schemes will be an important consideration. T7 – Public Rights of Any public footpath, bridleway or cycleway affected by development proposals will Way & New require retention or the provision of a suitable alternative. Provision of additional Development routes, where appropriate, will be sought in new developments, with linkages to the existing network. T8 – All Wales Development proposals should protect and enhance the all wales coast path. The Coastal Path provision of additional routes to link to the coast path will be encouraged.

4. ASSESSMENT OF LIKELY IMPACT OF THE PROPOSAL 4.1 This proposal is for the erection of battery storage units (200 units). The scheme is inextricably linked with the DNS application for a solar hub and the submitted application forms explains that the battery system and the solar panel system would be electro- mechanically separated with appropriate locking so that the two systems could not export simultaneously, thus ensuring that the 50mw ceiling would not be breached.

4.2 The Location of the Development and key issues The battery storage area would be located in fields 1 and 5, as indicated on drawing number 1045592/PL03 (Field Numbering Plan). The proposed layout of the battery store is shown on drawing 1045592/PL05 (Parcel 1 – Site Layout Plan as Proposed).

4.3 The site is subject to the following land-use constraints:

 A Site of Special Scientific Interest  An Archaeological Sensitive Area;  Within a Landscape of Outstanding Historic Interest  Within a Special Landscape Area;  Within the Countryside  Within the Undeveloped Coastal Zone  Within Flood Risk Zone C1;  Within Agricultural Land Classification 3b.

 The site has the potential to impact on the following Listed Buildings: Whiston Court, Little Porton Cottage, Little Porton Byre, Whitson Farm and Whitson Lodge.  There are two Historic Environment Records within the site; their references are 10945g and 10944g.  The site has the potential to impact on the following Scheduled Ancient Monument (located in Monmouthshire CC) SAM reference MM205.

4.4 The key Issues relating to the development as proposed are considered to be:  Landscape & Visual Impact (character & appearance);  Rural Character / Mitigation;  Impact on Bio-diversity issues – Gwent Levels SSSIs and bird assemblages in the Marine SAC / Ramsar Site / SPA (River Severn);  Impact on Historic Landscape & Listed Buildings & Scheduled Ancient Monuments;  Impact on Archaeological Sensitive Area;  Flooding;  Highways Issues;  Loss of agricultural land (regardless of temporary nature)

4.5 Landscape and Visual Impact A full Landscape and Visual Impact Assessment has been provided. Consideration should be given to the effects of the proposal on:  Landmap Character Areas that will be affected (refer to Landmap);  Users of Public Rights of Way, including the All Wales Coastal Path;  Views from highways (especially National Cycle Route 4);  Views from nearby dwellings;  Impacts on the settings of any Listed Buildings and Scheduled Ancient Monuments, in or near the site;  Impacts on the Special Landscape Area.

4.6 The site is first of all located in the countryside, as defined by Policy SP5 of the Newport Local Development Plan (NLDP). This policy explains that development will only be permitted where the use is appropriate in the countryside, respects the landscape character and biodiversity of the immediate and surrounding area and is appropriate in scale and design. Since this proposal is inextricably linked with the solar hub, then in the event that permission is not forthcoming for this DNS, a battery storage site is not justified as a stand-alone proposal. In such circumstances, the battery storage site would not constitute appropriate development as there is no clear justification that it must be located in the countryside and in such a sensitive land-use area. The proposal therefore would not satisfy Policy SP5 of the NLDP.

4.7 The battery storage site would be visible from public positions, with the area being relatively flat and rural. The Council considers that the Landscape & Visual impact of this aspect of the development would be negative and notes the adverse assessments of the submitted LVIA. The Council also consider the impact of this aspect of the development on the Caldicot Levels Special Landscape Area to be negative.

4.8 The proposed battery storage must therefore be considered in conjunction with the solar hub development and this has been addressed within the LIR dated 6 April 2018.

4.9 Rural Character / Mitigation In context to Paragraph 4.6 of this report, the battery storage site as a standalone proposal is likely to have a negative impact on the rural character of the area.

Consideration should be given to any proposed mitigation to protect the rural character of the area. Proposed planting and use of materials in trackways should be considered and it is noted that a new hedgerow is to be planted. However given the scale, location and public visibility of the proposed battery storage site, it is considered unlikely that mitigation would reduce the adverse impacts of the development to an acceptable degree. This will be negative in landscape and visual terms. The proposed battery storage site must therefore be considered in conjunction with the solar hub development and this has been addressed within the LIR dated 6 April 2018.

4.10 Ecological Impact The site lies within the Gwent Levels SSSIs. The particular interest lies within the reen system and the assemblages of aquatic plants and animals that live within the reens and ditches. There are several reens in close proximity to the battery storage site. Particular

issues arise during construction and de-commissioning with issues over mobilisation of sediment and increased risk of pollutants affecting water quality. The operational phase will potentially cause issues to arise from shading or restrictions on reen maintenance

4.11 Other issues arise from impacts on birds associated with the Severn Estuary SPA / SAC / SSSI and the Newport Wetlands SSSI. These will need to be considered as well as any birds that might habitually use the site at the current time.

4.12 Subject to appropriate avoidance / mitigation / compensation the likely impacts will be neutral / positive. If avoidance / mitigation / compensation is not secured ecological outcomes will be negative. Suggested conditions seek to secure appropriate outcomes. The Council notes that the Planning Inspectorate (Wales) does not consider ecological enhancement to be a matter that can be secured under condition and further notes the application description includes ‘environmental enhancements’. The Council is of the view that national policy seeks ecological enhancements and such enhancements can and should be secured. In any event the proposed measures appear to fall squarely as avoidance / mitigation and compensation.

4.13 Historic Landscape The site lies entirely within the Gwent Levels Historic Landscape. An assessment of the impact of the development on the historic landscape using the Assessment of the Impact of Development on Historic Landscapes 2 methodology will be needed (ASIDOHL 2) will need to be undertaken. Impacts on the historic landscape may be ephemeral but could be permanent dependent on how the proposal impacts on the field patterns and drainage system.

4.14 The Council notes the conclusions of the Glamorgan & Gwent Archaeological Trust’s Historic Landscape Assessment (March 2015) which identifies a severe adverse impact on the Historic Landscape. It further notes the Savills Revision that harm would be moderate. In any event it can be concluded the impact of the proposed battery storage site would be negative.

4.15 Archaeological Impact The site lies within an Archaeological Sensitive Area. Impacts on the archaeological resource could be permanent and irreversible depending on the extent of ground intrusion. An assessment of potential impacts should be made. The Council notes the provision.

4.16 The Archaeological Desk based Assessment (March 2015) identifies some major and some minor adverse effects (Paragraph 5) but notes these can be acceptably mitigated under a conditional regime. As such the anticipated impact of the proposed battery storage site on the archaeological resource is neutral, subject to conditional controls requiring a watching brief.

4.17 Flooding The site lies within a defended floodplain (C1) as identified in the Welsh Government’s Development Advice Maps. It will be necessary to show that the effects of tidal flooding can be acceptably managed on the site.

4.18 Technical Advice Note 15 requires that location of the development within the flood plain is justified. The test at Paragraph 6.2 of the TAN reads as follows:

i) Its location in zone C is necessary to assist, or be part of, a local authority regeneration initiative or a local authority strategy required to sustain an existing settlement; or, ii) Its location in zone C is necessary to contribute to key employment objectives supported by the local authority, and other key partners, to sustain an existing settlement or region; and, iii) It concurs with the aims of PPW and meets the definition of previously developed land (PPW fig 2.1); and,

iv) The potential consequences of a flooding event for the particular type of development have been considered, and in terms of the criteria contained in sections 5 and 7 and appendix 1 found to be acceptable.

4.19 The test requires that the scheme is necessary in the proposed location which suggests that no other site was suitable or available. Having regard to paragraph 4.6 of this report, in the event that permission is not forthcoming for this DNS, a battery storage site is not justified as a stand-alone proposal and unlikely to satisfy the justification tests of TAN15. If the proposal is unjustified development within a flood plain then the impact would be negative. If the development can be justified then the submitted flood Consequences Assessment shows a flood event is manageable but consideration should be given to the impact of power loss from the grid. Loss of storage capacity caused by the battery storage units being raised is likely to be negligible. Raising the storage units is likely to compound the adverse impact of the development on visual amenity and the sensitive landscape designations.

4.20 Access and Highways Negative impacts can be expected during the construction and de-commissioning phases of the battery storage site due to increased usage of a limited rural road network. These can be mitigated under condition. During the operational phase, the impacts on the highway system are likely to be neutral.

4.21 Agricultural Land Classification & Reversibility There is a policy presumption in favour of retaining the best and most versatile agricultural land. The classification of the land that comprises the site has been ascertained at Grades 3b to 4. There is no policy protection for such grades.

The impact of the proposal will be negative in terms of agricultural potential over the lifetime of the development since the land will be lost to most agricultural forms. In the event that permission is not forthcoming for this DNS, a battery storage site in this location would be inappropriate with the resultant loss of agricultural land being unjustified. However, long- term impacts are likely to be neutral subject to effective site restoration which should be secured under condition.

4.22 Conclusion This Local Impact Report considers the secondary consent associated within the DNS submission. The secondary consent is an application for planning permission for the erection of battery storage units (200 units) to support a solar energy hub.

4.23 In the event that planning permission is not secured for the parent DNS (solar energy hub), the Council considers that the application for the battery storage would have a negative impact on the locality.

4.24 In the event that planning permission is secured for the solar energy hub, then the Council may consider that the application for the battery storage would have a negative impact on the locality but could be justified as it would support the much larger solar hub which is the development which has the most impact on the locality. Any negative impact on the land-use constraints and material planning considerations assessed within this report should be addressed as much as possible and/or mitigated by the following planning conditions:

SUGGESTED CONDITIONS (subject to planning permission being secured for the DNS: Solar Energy Hub)

LIFETIME OF THE PROPOSAL: The permission hereby granted shall expire 30 years from the date when electrical power is first exported (‘first export date’) from the battery store to the electricity grid network, excluding electricity exported during initial testing and commissioning. Written confirmation of the first export date shall be provided to the Local Planning Authority no later than one calendar month after the event. Reason: the proposed scheme has a 30 year lifespan.

hedges or trees and sites where birds are nesting; (t) means to exclude small animals from excavations.

LIGHTING: There shall be no permanent illumination on the site unless otherwise agreed in writing by the local planning authority.

Reason: to protect the rural character of the site.

BATTERY STORAGE UNITS COLOUR: The battery storage units hereby approved shall be finished in a dark green colour. Reason: to reduce their visual impact

Reason: to provide ecological enhancement, to protect landscape features and to protect the interests of fauna and the relevant SSSIs.

ECOLOGICAL MONITORING & CONTINGENCY: Prior to the commencement of any works of ecological mitigation / compensation the applicant shall produce an ‘Ecological Monitoring & Contingency Plan’. The plan shall set out the principle aims and objectives of the ecological work to be undertaken as part of this approval and shall identify a monitoring and reporting schedule that shall have regard to the objectives of the plan. Monitoring Reports shall be submitted to the Council within 3 months of their completion. Objectives shall be short term (5 years and less), mid- term (6-10 years) and long term (11-30 years). The plan shall allow for contingency actions to be taken if monitoring shows stated objectives are not being achieved. Any change in the ecological mitigation proposed for the site shall be submitted to and agreed in writing by the Council. Thereafter any contingency shall be carried out fully as agreed. Reason: to ensure ecological mitigation is being achieved.

SITE ACCESS: The site shall be accessed in accordance with details of the ‘Construction Traffic Management Plan’ (November2016). Reason: in the interests of Highway Safety.

DECOMMISSIONING: Decommissioning and restoration: Not later than 12 months before the expiry of this permission, a decommissioning and site restoration scheme shall be submitted for the written approval of the Local Planning Authority. The scheme shall make provision for the removal of the battery store and all other associated equipment & paraphernalia and the subsequent restoration of the site. The scheme shall include details of:  the extent of equipment and foundation removal and the site restoration to be carried out;  the management and timing of any works;  a traffic management plan to address likely traffic impact issues during the decommissioning period;

 an environmental management plan to include details of measures to be taken during the decommissioning period to protect wildlife, habitats and tree features on the site;  identification of access routes;  location of material laydown areas;  full details of the removal of the battery store, associated buildings and plant, any trackways and sub-surface cabling and all associated works of ground restoration including trench backfilling;  full details of all works to restore the land to allow for agricultural production following the removal of structures from the site;  a programme of implementation. The approved scheme shall be implemented within 6 months of the expiry of this permission and then proceed fully in accordance with the agreed details in accordance with the decommissioning programme. Reason: to ensure the site is fully restored to allow agricultural use and to maintain the rural appearance of the area.

REPAIR, REPLACEMENT AND REMOVAL OF SOLAR FARM: If the battery store hereby permitted fails to supply electricity to the grid for a continuous period of 6 months, a scheme shall be submitted to the Local Planning Authority for its written approval within 3 months of the end of that 6 month period for the repair or removal of the battery store and all other associated equipment & paraphernalia. Where repairs or replacements are required the scheme shall include a proposed programme of remedial works. Where removal of the battery store is required the scheme shall include the same details required under the decommissioning condition of this permission. The relevant scheme shall thereafter be implemented in accordance with the approved details and timetable. Reason: to ensure the battery store beneficially generates electricity or is otherwise removed to the benefit of the character and appearance and the agricultural potential of the area.

NOISE: The Inverters and Generators hereby approved shall be acoustically treated and tested in accordance with British Standard 3744: 2010 to ensure the overall sound power levels meets the minimum requirements. Reason: in the interests of ecology & rural character.

PHASING: No development shall commence until a phasing plan has been submitted to and approved in writing by the Local Planning Authority. The phasing plan shall include details relating to the construction of the battery storage site in conjunction with the approved solar hub (ref: XXXXX).

Reason: To ensure that the battery storage site is only implemented as part of larger development of the solar hub, in the interests of justified countryside development.

SUGGESTED S106 LEGAL AGREEMENT: HEADS OF TERMS

The applicant shall enter into a legal agreement to:

Reason: To mitigate excessive damage to the public highway network that results from the proposal.

Ask Geraint N. Roberts Regeneration Investment and Housing for/OurGofynnwch Ref/Ein Cyfam 18/0198 Your Ref/Eich Cyf Adfywio, Buddsoddi a Thai Tel/Ffôn 01633 656 656 Direct Dial/Rhif 01633 210 094 UnionDX 99463 Newport (Gwent) 3 E-Mail/E-Bost [email protected]

Rhys Rigby Civic Centre/Canolfan Ddinesig Planning Inspectorate Wales Newport/Casnewydd Crown Buildings South Wales/De Cymru Cathays Park NP20 4UR Cardiff CF10 3NQ

09 March 2018

Dear Mr Rigby

RE: SITE NOTICES FOR DNS APPLICATION G6935/A/16/3150137

PINS Reference Number G6935/A/16/3150137 LPA Reference Number 18/0198 Proposal Erection of a renewable energy hub with a net installed generation capacity and maximum export to grid of 49.9MW comprising of up to 245,000 ground mounted solar panels, battery storage container units (up to 200 units), underground cabling, grid connection hub, associated infrastructure, landscaping and environmental enhancements. Appeal Site Land on the Caldicot Levels to the South of the Llanwern Steelworks Site Appeal Format Examination

I confirm that 5 No. Site Notices in the form provided by the inspectorate have been displayed on land near the site of the above application on the 09th March 2018.

No. Location Grid Reference 1 Telegraph Pole opposite Court Farm, Whitson 337029E 185031N Road NP18 2AY 2 Telegraph Pole outside Upfield Farm, Whitson 337676E 183682N Road NP18 2PG 3 Telegraph Pole adjacent to The Laurels, 337995E 183340N Porton Road NP18 2PJ 4 Telegraph Pole outside the ‘Farmers Arms’ 336543E 183046N Goldcliff NP18 2AU 5 Pedestrian Footbridge on junction of Chapel 336362E 184402N Lane and Public Right of Way 392/19/1

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Photographs – Site Notice 1

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Photographs – Site Notice 2

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Photographs – Site Notice 3

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Photographs – Site Notice 4

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Photographs – Site Notice 5

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Site Notice Location Plan

Please contact me as necessary.

Yours sincerely Page 12 of 13

Geraint N. Roberts

Geraint N. Roberts Prif Swyddog Cynllunio / Principal Planning Officer Tîm yr Dwyrain / East Team Adfywio, Buddsoddi a Thai / Regeneration, Investment and Housing Cyngor Dinas Casnewydd / Newport City Council

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PLANNING POLICY PLANNING APPLICATION CONSULTATION RESPONSE

APPLICATION No: 18/0198 PROPOSAL: Gwent Farmers Community Solar Scheme

SITE: Land on the Caldicot Levels to the South of the Llanwern Steelworks Site, Newport.

APPLICATION TYPE: Development of National Significance

Local Planning Policy

Local Development Plan 2011-2026 (Adopted January 2015) There are a number of policies relevant to the proposed development, including:  SP1 (Sustainability)  SP3 (Flood Risk)  SP5 (Countryside)  SP8 (Special Landscape Area)  SP9 (Conservation of the Natural, Historic and Built Environment)  GP1 (General Development Principle – Climate Change)  GP2 (General Development Principle -General Amenity)  GP3 (General Development Principle -Service Infrastructure)  GP4 (General Development Principle -Highways and Accessibility)  GP5 (General Development Principle -Natural Environment)  GP6 (General Development Principle -Quality of Design)  GP7 (General Development Principle – Environmental Protection and Public Health)  CE4 (Historic Landscapes, Parks, Gardens and Battlefields)  CE6 (Archaeology)  CE9 (Coastal Zone)  CE10 (Renewable Energy)  T2 (Heavy Commercial Vehicle Movements)  T3 (Road Hierarchy)  T4 (Parking)  T7 (Public Right of Way and New Development)

Supplementary Planning Guidance  Wildlife and Development SPG (Aug 2015)  Archaeology and Archaeologically Sensitive Areas SPG (Aug 2015)  Trees, Woodland, Hedgerows and Development Sites SPG (Jan 2017)  Air Quality SPG (Feb 2018)

LDP Designations and Constraints:  The site is located with Sites of Special Scientific Interest;  The site is within an Archaeologically Sensitive Area;  The site is located outside the settlement boundary and is within Countryside;  The site is within the Gwent Levels Special Landscape Area;  The site is within the Undeveloped Coastal Zone;  The site is within the Landscape of Outstanding Historic Interest;  The site is designated as Natural Accessible Greenspace;  The site is within Flood Risk Zone C1;  The records show the site to be located within Agricultural Land Classification 3b.  The site has a number of Public Right of Ways within its boundary (392/22/1, 392/18/1, 392/23/1, 392/19/1 and 392/GL2/1).  The site has the potential to impact of the following Listed Buildings: Whiston Court, Little Porton Cottage, Little Porton Byre, Whitson Farm and Whitson Lodge.  There are two Historic Environment Records within the site; their references are 10945g and 10944g.  The site has the potential to impact on the following Scheduled Ancient Monument (located in Monmouthshire CC) SAM reference MM205. From: Katie Godfrey (Ecology Officer) Sent: 21 March 2018 10:34 To: Geraint Roberts (Principal Planning Officer) Subject: Draft response PINS solar farm

Dear Geraint,

Thank-you for consulting the Countryside and Conservation Manager.

At present I would object to the application as it would result in the loss of SINC habitat for several species.

SINC -the site meets the following SINC criteria: S1)Mammals-It is not confirmed whether water vole are breeding on the site, if so then the reens/ditches would meet SINC criteria. S2)Birds: ‘Sites supporting wintering or passage refuelling populations of any size’: -Lapwing, Little egret, tree sparrow, Teal, Cettis warbler ‘Contributory wintering or passage species’: -Lapwing, Wigeon, Teal, Snipe, Skylark, Starling, Song Thrush, Barn Owl Breeding birds listed in Table 9 A: -Cettis Warbler Contributory species breeding: -Bullfinch, Stock dove, Green Woodpecker, Kestrel, Skylark, Barn Owl, Song Thrush, House Sparrow, Starling, Linnet

Also, there was no detailed invertebrate assessment of the area. It states in the ‘Surveys of invertebrates and macrophytes of Llanwern, Gwent Levels 2015’ report that there was a limited sampling programme given the time constraints. Therefore it is not possible to make a full assessment of the potential impacts on invertebrates.

Detailed information: EPS-Great Crested Newts The e DNA that was carried out on the waterbodies was undertaken in 2015 therefore this is considered out of date. Could I seek clarification as to whether presence/absence surveys were undertaken. If so could the appendix/document number be provided.

EPS-Bats ES states the site is importance for commuting and foraging bats at the ‘district level’. There does not appear to be a coherent document relating to bats. Is there one? It is accepted that the majority of bats were recorded using the field boundaries and hedges. It is not clear what impact the potential displacement of invertebrates would have on foraging however.

Invertebrates The shrill carder bee was recorded across 17 of the survey units and a total of 91 individuals were noted. 74 of these were recorded in the western units. The most individuals were recorded on or near to the following plant species Spear thistle, common knapweed, white clover and tufted vetch. However, Spear thistle appears to not have been recorded during the Phase 1 survey. Could I seek clarification as to why this was missed? SCH is a feature of the SSSI.

Aquatic invertebrates Welcome the proposed hedge management of the reens/ditches. This should be undertaken in accordance with NRW guidance and should have a positive impact upon the aquatic invertebrates which are a feature for the Gwent Levels SSSI. Further guidance regarding the possibility of aquatic invertebrates laying eggs on solar panels required.

Otters and water voles Consideration should be given to the crossing points and during construction. Welcome the proposed use of buffer zones. However, the Water vole and otter survey report it states that there was some confirmed evidence of water voles including a burrow, latrine and feeding signs. However, Section 11.4.61 of the ES states that no field signs of water vole were recorded. Further clarification required. There are also several water bodies that are yet to be surveyed. Welcome the recommendation that camera traps should be used at the proposed crossing points to establish presence and whether there are any burrows.

Birds 2014/2015 winter bird survey Lapwing-peak count of 400 in the general area in January 2015. 100-300 seen on the ground and the ‘majority were recorded as flyovers flocks. Larger flocks of 100-300 were seen on the ground but outside the Application sub units’. Could clarification to be sought as to what figure constitutes as the majority of flyovers?

Winter bird survey-2016/2017 Transect/ nocturnal and vantage point surveys undertaken by Green Ecology between 2016-2017. Total of 79 species recorded during the diurnal surveys. Six of these Wigeon-3-4 individuals recorded on 3 different occasions Teal-highest count 183 recorded in the buffer zone on the 13th December. Mallard-Several sighting usually in small groups or pairs flushed from reens. Highest count 47 on 4th March 2017. Little egret-regularly recorded maximum count of 3 in the application site. Crane-recorded in buffer zone but not in application site. Lapwing-highest count on the 25th January 2017 was 296. The report states that the majority of these were recorded in the 250m buffer zone. I am unable to locate the exact figures regarding this. Further clarification is required as to how many individuals were recorded in the application area. Snipe-highest count on the 28th November 2016 was 24 with 44 in the buffer zone during the same low tide survey. Skylark-highest count on the 7th February 2017 was 9 . Starling-Regularly recorded with highest count on the 25th October 2016 was 1562 Fieldfare-recorded throughout the autumn and winter throughout the application site. Song thrush-recorded regularly on the application site. Redwing-Recorded regularly with a maximum count of 645 within the application site and a further 900 in the buffer zone on the 25th January 2017. Meadow Pipit-peak count 43 recorded 5th December 2016.

Nocturnal survey Teal-2 individual recorded. Mallard-highest count of 43 during January 2017 Lapwing-highest count 11 during February 2017 Barn owl-1 recorded in the application area on 18th January 2017

Vantage point Cetti’s warbler-unclear as to whether Cetti’s was heard and seen or just heard.

Breeding bird survey 2017 Mallard confirmed breeding, estimated 20-30 pairs. Lapwing-several pairs recorded but not confirmed breeding on the application area Mute swan-confirmed breeding Grey heron-confirmed breeding Kestrel-confirmed breeding Stock dove-possibly breeding Cuckoo-possibly breeding Barn owl-probably breeding Green woodpecker-possibly breeding Goldcrest-possibly breeding Skylark-confirmed breeding Cettis warbler-confirmed breeding Long tailed tit-confirmed breeding Willow warbler-possibly breeding Starling-confirmed breeding Song thrush-confirmed breeding Mistle thrush-confirmed breeding Dunnock-Confirmed breeding House sparrow-confirmed breeding Linnet-Probably breeding Bullfinch-Confirmed breeding

Reptiles Accepted that during construction there could be potential to harm reptiles however a reptile method statement should minimise these impacts and result in no major harm to reptiles.

Badgers No evidence of badger setts on the site but use by badgers was recorded. Will the proposed stock proof fencing be badger proof?

Habitat enhancements Welcome the inclusion of the biodiversity areas totalling 5.9ha planting of wildflower areas

Given the incoherent manner of the submitted report a document or reference may have been missed. Apologies if this is the case.

Kind regards

Katie Godfrey Countryside and Conservation Manager/ Rheolwr Cefn Gwlad a Chadwraeth Green Services/Gwasanaethau Gwyrdd Newport City Council/Cyngor Dinas Casnewydd ------01633 656656 [email protected] APPLICATION NUMBER: PINS/APP/G6935/A/16/3150137

PROPOSAL: SOLAR SCHEME

SITE: Caldicot Levels

AREAS WHERE INFORMATION IS MISSING

There are over 150 documents which makes collating the landscape information very difficult. There appear to be at least two gaps in the information:

LA17 - which shows the photomontages

Vol II App 10.1 LVIA Figures (Part 1) – the file cannot be located

AREAS WHERE MORE DETAIL IS REQUIRED

The LVIA section of the Environmental Statement has been produced by a professional company and is generally sufficiently detailed, however there are some areas that I feel have not been fully addressed and more detail is required, some of these could be conditioned.

It is not clear whether the viewpoints have been agreed with Newport City Council.

Viewpoint 12 on the Wales Coast Path is sited at the edge of high to medium visibility. If the viewpoint was moved east how would this change the view.

Views down onto the Caldicot Levels from elevated public access areas of the Wentwood Special Landscape Area have not been evaluated and this was requested in the scoping feedback. See photo below – glint and glare will be a factor in drawing attention to the development.

The proposals are not adequately covered in the LVIA, for example no or little mention of the impact that the 2m high perimeter fence or 16m high communications tower will have.

The LVIA does not mention the results of the Glint and Glare study which highlights impacts on adjacent residents.

The LVIA does not report The Archaeological desk based assessment and ASIDOHL.2 report conclusions – see comment below.

Battery storage buildings are to be mitigated by ‘painting green’ which is too vague for this sensitive landscape. A full colour assessment of the levels should be conditioned to ensure the correct hue is specified.

TREES

The arboricultural survey indicates that there may be a need for more tree removal as the impact of trees to be retained shading the panels has not have been fully assessed (ref para 3.3 also in the LVIA 10.10.17 and 10.10.24). The outcome may affect the landscape impact assessment and mitigation proposals.

Examples include G78 a group of 22m high ash, T82 and T83 15m high ash trees, all on the south side of panels. Tree information was obtained from aerial and LIDAR information rather than topographical. Further assessment using topographical detail should be conditioned leading to a hedge and tree protection plan.

IMPORTANCE OF THE LEVELS

I disagree with some of the conclusions in the LVIA. The key question is whether the ‘special qualities’ of the Caldicot Levels would be compromised by the proposals.

Although the field parcels will be retained, the impact on the landscape character has focussed on all the elements other than the change from pasture to built environment. This is the key change, and one that will be a permanent feature of the landscape for the next 25 years.

The Archaeological desk based assessment and ASIDOHL.2 report conclude that the overall significance of the impact of development on the Gwent Levels landscape of outstanding historic interest would be Severe.

While it may be possible to contain the visual impacts for most receptors, the landscape character change I feel has been underestimated. This is a nationally important landscape, some would argue internationally important, with landscape, historic and biodiversity designations. The change from historic pasture to solar panels across 53 fields is on a scale that must have more than moderate impact on the landscape character and seems contradictory to the work being undertaken by Newport, Monmouthshire and Cardiff Councils, RSPB, Gwent Wildlife Trust and Sustrans to promote the levels as a nationally important landscape.

Specific paragraphs that I feel underplay the impact of the proposals are listed below:

. LVIA 10.10.7 concludes the landscape character is of only moderate sensitivity . 10.10.12 concludes the Landscape of Outstanding Historic Interest is of only moderate to high sensitivity . 10.10.13 concludes the Caldicot Levels Special Landscape Area is of only moderate to high sensitivity - see paragraph 10.8.48 below . 10.10.15 concludes ecological designations are taken into consideration as an indication of landscape value - but as the whole are is SSSI this should lead to a conclusion of high sensitivity

Gill Mackley CMLI Mackley Davies Associates Ltd for Streetscene and City Services 18 March 2018 SOLAR FARM

A Transport Assessment required in accordance with Welsh Government Technical Advice Note 18 Transport. A CTMP is only required to control construction not the whole life of the development, construction, maintenance and decommission. The Transport Assessment must include:

 Local highway capacity for construction and permanent access against existing use  Full suitability of the rural lanes to accommodate all of proposed delivery vehicles and routes, actual surveys/trial runs not desk top study.  The Access Route And Location plan is generic and the localised plans have no identifiable land marks so only one was locatable on site. Full details of the 5 proposed vehicular accesses are required including visibility splays. The track test results provided appear very tight, accesses 2 and 5 are located on the inside of bends and 3 is the subject of a No Traffic Except For Access Order.

Legal Agreements will be required for the construction of the amended accesses.

Pre and post road condition surveys required and Legal Agreement necessary to ensure repairs are undertaken.

Required conditions

 Location of site offices, storage compounds and contractor parking area  Turning areas for delivery vehicles  Temporary traffic management and banksman  Drive through wheel wash for every site access, road sweepers a last resort not first  Delivery routes  Delivery times  Haul road hard paved for first 30 metres to stop stones egressing onto carriageway  Control of delivery vehicles, dependant on suitability assessment above

From: Luke Stacey (Rights of Way and Access Officer) Sent: 19 March 2018 13:20 To: Planning Subject: 18/0198 – Development of National Significance at Land on the Caldicot Levels to the South of the Llanwern Steelworks Site.

Hi Geraint,

Thanks for the consultation.

I note from the planning, design and access statement and the Environmental Statement that the public rights of way (PROW) that run nearby or through the site will be retained and so, no diversions will be required. However, given that a number of these footpaths share access points to the site and cross the location of proposed route of buried cables it may be necessary to carry out works on the PROW. If this is the case and there is a significant danger/disruption to members of public using the PROW then Temporary Closure Orders should be applied for before works begin. Any disturbance or damage to the surface of any PROW must be reinstated.

If any existing structures (stiles, gates) are altered or replaced then the least restrictive option should be chosen – gaps should be retrained unless stock control is need in which case a gate should be installed. New structures on any public right of way must not be installed without following the appropriate legal procedure.

In the Layout plans provided only one PROW is highlighted in a dashed purple line (392/19/1) while other PROWs in the site area (392/20/1, 392/23/1) are shown only in a light grey line. Footpath 392/21/1, although not affected by any development, does not appear on any of the plans.

It is also worth noting that the PROW lines shown in the plans do not always follow the definitive line – it is vital that any work carried out on the PROWs takes place on the legal line and not on any ‘desire lines’ that have appeared on the ground.

Finally, any stock proof fencing installed adjacent to a PROW should not have barbed wire affixed to it.

Regards,

Luke Stacey.

Swyddog Hawliau Tramwy a Mynediad / Rights of Way and Access Officer Gwasanaethau Gwyrdd / Green Services Cyngor Dinas Casnewydd / Newport City Council Ffon /Tel 01633 210026 Ebost /Email [email protected]