Land to the rear of Unit 6A Business Park, , Port Talbot Development of National Significance

Statement of Common Ground between Peak Gen Power 5 Limited and Council

PINS Reference APP/Y6930/A/18/3204667

Document No. 28845/A3/SOCGNPT

Authors Barton Willmore on behalf of Peak Gen Power 5 Limited

Revision V6

Date 10th June 2019

Land to the rear of Unit 6A Statement of Common Ground

Document Title Land to the rear of Unit 6A Coed Darcy Business Park, Llandarcy, Neath Port Talbot Statement of Common Ground between Peak Gen Power 5 Limited and Neath Port Talbot County Borough Council

Document Reference 28845/A3/SOCGNPT

Issue Number V6

Date 10th June 2019

Drafted by Joe Ayoubkhani Approved by Ben Lewis Date / initials check 10/06/19 10/06/19

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CONTENTS Purpose of this Document ...... 1 1.1 Introduction...... 1 1.2 Structure of this SoCG ...... 2 Matters Agreed Between the Parties ...... 3 2.1 The Site & its Context ...... 3 2.2 Planning History ...... 4 2.3 The Development for which Permission is Sought ...... 5 2.4 Neath Port Talbot County Borough Council’s Status and Meetings .... 5 Draft Conditions ...... 14 3.1 Draft Conditions ...... 14 Matters to be Agreed ...... 16 Confirmation of Agreement ...... 17

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PURPOSE OF THIS DOCUMENT

1.1 Introduction

This document comprises the Statement of Common Ground (“SoCG”) between Neath Port Talbot County Borough Council (“NPTCBC”) and Peak Gen Power 5 Limited (“the Applicant”) relating to the application (“the Application”) for a Development of National Significance (“DNS”) submitted to the Planning Inspectorate (“PINS”) for the following development at land to the rear of Unit 6A, Coed Darcy Business Park, Llandarcy, Neath Port Talbot (“the Site”):

“Electricity generation operating reserve compound to support the National Grid, together with associated switchgear, access, boundary treatments and ancillary equipment” (“the Development”)

The site within which the Development is located is entirely within the administrative boundary of NPTCBC.

For the purpose of this SoCG, NPTCBC and the Applicant are jointly referred to as "the Parties".

A formal request for a screening opinion under Regulation 31(1) of the Town and Country Planning (Environmental Impact Assessment) () Regulations 2017 (‘the EIA Regulations’) was submitted to PINS on 8th June 2018. A Screening Direction was subsequently issued on 29th January 2019 directing that the development is not EIA development.

Formal requests for pre-application advice were made to PINS and NPTCBC in accordance with Regulations 6, 7 and 8 of the Developments of National Significance (Wales) Regulations 2016 on 3rd August 2018. Responses were received on 24th August 2018 and 28th August 2018 respectively.

The purpose of this SoCG is to set out agreed factual information between the Parties about the Application. Preparation of this SoCG has been informed by discussions between the Parties.

Throughout this SoCG the phrase “It is AGREED" or "the Parties AGREE" is used as a precursor to any point that has been specifically agreed between the Applicant and NPTCBC. The phrase “It is not agreed….” "or the Parties do not agree" is used as a precursor to any point that the Applicant and NPTCBC wish to clearly state as not yet agreed. Points that are “not agreed” will be the subject of on-going discussion wherever possible to resolve or refine the extent of disagreement between the Parties.

This SoCG relates to the matters agreed between the Parties in respect of the Development and the documents submitted as part of the Application. Matters where agreement has not been reached between the Parties are also identified.

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Land to the rear of Unit 6A Statement of Common Ground

Overall this SoCG is intended to give a clear position of the state and extent of agreement between the Parties at the date on which this SoCG is signed and submitted to PINS.

1.2 Structure of this SoCG

The SoCG is structured to identify the matters of agreement between the Parties in relation to the history of the Application site and the pre-application consultation that has occurred between the parties.

Following this, the SoCG is structured, as follows:

• Matters agreed between the parties; • Draft conditions; and • Matters to be agreed.

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MATTERS AGREED BETWEEN THE PARTIES

2.1 The Site & its Context

The Parties AGREE that the following section of this SoCG is an accurate account of the site and its planning history.

The Development is located within the administrative boundary of NPTCBC and is situated on land behind Unit 6A, Coed Darcy Business Park, Llandarcy. The area of the site is 0.12 hectares.

The site is located to the south of a railway line, east of M4 Junction 43 and within a former oil refinery site, which largely lies to the west and south of the site and is currently being redeveloped by St Modwen as part of its Coed Darcy regeneration project. The Coed Darcy redevelopment is being carried out in line with the Strategic Regeneration Area (‘SRA’) allocation in the Neath Port Talbot Local Development Plan (2011-2026) (‘LDP’). The allocation relates to a strategic urban village comprising residential development (4,000 units), B1 business (41,200 sqm), up to 3,000 sqm of retail floorspace, other commercial development, education and community facilities and associated infrastructure. The Application site is located within the commercial area of the SRA.

The site is not located within any designated landscape, heritage or ecological areas. However, Crymlyn Bog Special Area of Conservation (SAC) (Site code: UK0012885), Site of Special Scientific Interest (SSSI) (Code: 33WWP) and Ramsar Site (RAM code: UK14006) lies to the west and south but is more than 1.1km from the site.

The closest Scheduled Ancient Monument (SAM), Llandarcy Round Cairn (Record No 392), is more than 750m away from the site and there are intervening roads, residential development and commercial buildings. The nearest listed buildings are separated from the site by the M4 motorway and include a Grade II listed ‘Bridge Over Tennant Canal E of Cwrt y Bettws Farm’ (Record no 23073) and a ‘Boiler stack of the former Cardonnel Tinplate Works’ (Record No. 23072); both listed buildings/structures are more than 950m away from the site.

There are also several areas of Ancient Woodland within the surrounding area including Ancient Semi Natural Woodland. These are located:

• adjacent to the M4 (Unique ID: 12259), circa 235m away from the site with the M4 intervening;

• adjacent to the B4290 (Unique ID: 18273), circa 645m from the site with the M4 intervening;

• adjacent to the A465 (Unique ID: 12260), circa 390m from the site with various roads and commercial properties intervening; and

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• further north-west on either side of the railway line (Unique IDs: 12261/12262/12263), circa 845m from the site.

The site falls within Flood Zone A, according to the Development Advice Map which supplements Technical Advice Note 15 and is published by Natural Resources Wales (“NRW”). Flood Zone A means the site is considered to be at little or no risk of fluvial or tidal/coastal flooding.

2.2 Planning History

The planning history of the site is summarised, as follows:

• P2012/1061 Emergency backup STOR (Short Term Operating Reserve) compound to support the National Grid with associated switchgear and boundary treatments. Approved 21st January 2013.

The development approved the installation of ten x 2MW (20MW) generators housed within insulated container units, together with four fuel storage containers, and two switchgear containers. The proposal also incorporated solar PV with an output of 10kw.

The generator Containers measure 12.2m by 2.4m by 2.9m high. The HV Switchgear container measure 12.2m by 3.2m by 3.4m high. The LV Switchgear container measure 6.1m by 3.2m by 3.4m high. Fuel Storage 6.1m by 2.5m by 2.6m high. A 11/33kV Transformer 4.9m by 4.2m by 4.6m high. A 33kV switchgear housing measuring 4m by 4m by 3.4m high.

The development was located within a compound measuring approximately 69m by 18m, enclosed with a 2m high palisade fence and 3.5m high wooden acoustic fence.

Access is provided via the existing roadway to the east, which is to be extended and a turning facility provided.

There were no representations received from local persons or companies in respect of application ref. P2012/1061.

The application was supplemented by a suite of documents including but not limited to a Design and Access Statement, Air Quality Impact Assessment, Noise Survey Assessment.

Planning permission was originally granted for the development by NPTCBC on 21 January 2013 (application reference no: P2012/1061). The facility was subsequently commissioned and became operational in 2015. The permission was granted under the Town & Country Planning Act 1990 (T&CPA). However, the development was commenced without compliance with some of the pre-commencement planning conditions included within the permission.

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2.3 The Development for which Permission is Sought

The Applicant is seeking retrospective planning permission for the development originally approved via planning permission granted on 21st January 2013 - being a circa 20MW electricity generation operating reserve facility to support the National Grid. The development comprises ten x 2MW generators which are housed in insulated container units, together with five fuel storage containers, two switchgear containers, five transformers and other ancillary equipment. Prospective planning permission will also be sought for additional plant and ancillary equipment (including an AdBlue tank) that is required to be installed on site to meet the statutory requirements of the new Environmental Permitting (England and Wales) (Amendment) Regulations 2018.

As the scheme comprises an electricity generating station with an installed generating capacity of between 10 and 50 MW, it falls within the definition of a ‘Development of National Significance’ (DNS) under section 4 of the Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016, for the purposes of s62(D) of the Planning (Wales) Act 2015 ("the Wales Act").

Notwithstanding the fact that the development was completed prior to the DNS regime being brought into force, the Planning (Wales) Act 2015 requires an application to be made under s73A of the Town & Country Planning Act 1990 (as applied with modifications by article 3(1)(l) of the Developments of National Significance (Application of Enactments) (Wales) Order 2016). A planning application will therefore be made under Section 73A of the Town & Country Planning Act 1990 to the Welsh Ministers seeking planning permission for development carried out before the date of the application without compliance with some conditions subject to which a previous planning permission was granted.

2.4 Neath Port Talbot County Borough Council’s Status and Meetings

It is AGREED that a Pre-application meeting was held with NPT and NRW on 19th September 2018. The following documents were issued in advance of the meeting on 12th September 2018:

• Draft Air Quality Assessment;

• Draft Noise Assessment; and

• Draft Statement of Common Ground (SoCG).

Meeting minutes were agreed by all parties subsequent to the meeting.

It is AGREED the following technical reports were submitted to the Council for on 9th October 2018:

• Landscape and Visual Amenity Statement;

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• Ground Conditions Technical Note;

• Construction Method Statement Technical Note;

• Ecology and Biodiversity Technical Note;

• Structure of the Planning, Design and Access Statement.

An Air Quality Assessment was subsequently submitted and subject to independent review (commissioned by NPTCBC) by RPS. The Review concluded that:

“In RPS’ opinion, the air quality impacts have been assessed correctly. The impacts are unlikely to have a significant effect on surrounding human-health and ecological land-users provided that any permission granted includes conditions that limit:

• The applicant to the use of ultra-low sulphur diesel, with a sulphur content not exceeding 0.001% of fuel; and

• The number of hours of operation to 390 per annum.”

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Statement on which the Applicant seeks agreement The Applicant NPTCBC

A. Policy and Other Consents

A-1 The Policy Framework information against which the Development should be AGREE AGREE assessed is as follows:

Relevant National Planning Policy: Planning Policy Wales – Edition 10 Technical Advice Notes • TAN 5: Nature Conservation and Planning • TAN 11: Noise • TAN 12: Design • TAN 18: Transport

Relevant Local Planning Policy: Neath Port Talbot Local Development Plan 2011 - 2026 • SP1 – Climate Change • SP2 – Health • SP15 - Biodiversity and Geodiversity • SP16 – Environmental Protection • SP18 – Renewable and Low Carbon Energy

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Statement on which the Applicant seeks agreement The Applicant NPTCBC

• SP20 – Transport Network • SP21 - Built Environment and Historic Heritage • SC1 - Settlement limits • EC1 - Employment Allocations (EC1/3 Land within Coed Darcy SRA (4Ha B1)) • EC3 – Employment Area Uses • EN6 – Important Biodiversity and Geodiversity Sites • EN7 – Important Natural Features • EN8 - Pollution and Land Stability • RE1 – Criteria for the Assessment of Renewable and Low Carbon Energy Development • RE2 - Renewable and Low Carbon Energy in New Development • TR2 - Design and Access of New Development • BE1 – Design • SRA1 – Coed Darcy Strategic Regeneration Area

Supplementary Planning Guidance • Biodiversity and Geodiversity SPG (May 2018) • Pollution SPG (October 2016) • Design SPG (July 2017)

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Statement on which the Applicant seeks agreement The Applicant NPTCBC

A-2 Both parties AGREE that the principle of development, having regard to the AGREE AGREE policy context outlined above, is acceptable. A-3 None of the secondary consents set out in the Schedule to the Developments AGREE AGREE of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016 would be required for the development proposed. B. Transport

B-1 It is AGREED that the Development is acceptable in terms of highway and AGREE AGREE pedestrian safety, such that it accords with Policies SP20 and TR2 of the LDP. C. Noise

C-1 It is AGREED that the low/medium impact predicted by the BS 4142 and BS AGREE AGREE 8233 methods overestimate the actual impact that the operation of the mitigated peaking plant will have and the actual impacts will be low C-2 It is AGREED that with the Best Practicable Means (BPM) mitigations in place, AGREE AGREE taking into consideration the particular context of the operation of the Project Site and the nature of the surrounding area the impact of noise from the development will be low or very low. C-3 It is AGREED that subject to conditions, including the need to establish noise AGREE AGREE levels at specified receptors, and a complaints investigation procedure, the operation of the Site is unlikely to have an unacceptable effect on residential amenity, such that it would accord with Policy BE1 and EN8 of the LDP. D. Air Quality

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Statement on which the Applicant seeks agreement The Applicant NPTCBC

D-1 As part of pre-application discussions, the LPA commissioned RPS to review AGREE AGREE the Air Quality Impact Assessment prepared by AECOM (December 2018)

The RPS report, on behalf of the Council, AGREES that the Air Quality Impacts have been assessed correctly, including use of an appropriate model.

Although there is some disagreement of the mass emission for dust, (para 3.11 of RPS Report) RPS AGREES with the AQ report’s conclusions that the Project is unlikely to have a significant effect on human health and ecology, subject to conditions that limit: • The applicant to use ultra-low sulphur diesel, with a sulphur content not exceeding 0.001% of fuel; and • The number of hours of operation not exceeding 390 per annum.

The RPS review assumes that agreement is reached with NRW that the impacts of the daily NOx at the two ancient woodlands is not significant. A copy of the RPS report is provided as an Appendix to the SoCG.

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Statement on which the Applicant seeks agreement The Applicant NPTCBC

E. Landscape

E-1 Both parties AGREE that the findings of the submitted Landscape and Visual AGREE AGREE Amenity Statement are accurate. E-2 Both parties AGREE that a landscape scheme has not been implemented; as it AGREE AGREE was considered unnecessary given the surrounding context to the site and the visual screening provided by the close board wooden fence which surrounds the site, and also due to the fact that there is no space within the footprint of the application site to accommodate a landscape scheme E-3 Both parties AGREE that there is no need to impose a condition to reflect the AGREE AGREE requirements of Condition 9 of planning permission P2012/1061 (landscaping) having regard to the function of the facility and its immediate context. E-4 It is accordingly AGREED that should retrospective planning permission be AGREE AGREE granted for the development in the future, a landscape scheme should not be required; landscaping for the purposes of visual amenity is not required at the site and the facility does not have a detrimental impact on the site or its surrounds. F. Ground Conditions

F-1 The application site was remediated to a satisfactory level by St Modwen prior AGREE AGREE to the generation facility being developed. The development of the facility did not disturb the surface or geology of the ground with the exception of limited shallow trenching to accommodate electricity connection cables. The surface of the ground has been capped with gravel with the containers sitting on top

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Statement on which the Applicant seeks agreement The Applicant NPTCBC

of raised sleepers. As such, the facility has not had any impact upon ground conditions at the site. F-2 It is AGREED that the Development would not have an unacceptable impact AGREE AGREE upon ground conditions, such that it would accord with Policy BE1 and EN8 of the LDP. G. Environmental Permitting

G-1 Both Parties AGREE that, separate to the planning process, the Development AGREE AGREE will additionally need to comply with the Environmental Permitting (England and Wales) (Amendment) Regulations 2018. H. Other Matters

H-1 Both Parties AGREE that the Development is acceptable in all other respects AGREE AGREE subject to imposition of conditions which accord with the CIL Regulations and the guidance within the Welsh Government Circular 016/2014: The Use of Planning Conditions for Development Management. H-2 Both Parties AGREE that the Development would improve the economic, AGREE AGREE social, environmental and cultural well-being of Wales, in accordance with the sustainable development principle, under Section 3 of the Well-Being of Future Generations (Wales) Act 2015, and is in accordance with the sustainable development principle through its contribution towards one or more of the Welsh Ministers’ well-being objectives set out as required by Section 8 of the Well-Being of Future Generations (Wales) Act 2015.

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Statement on which the Applicant seeks agreement The Applicant NPTCBC

H-3 The Council’s approved Planning Obligations Supplementary Planning AGREE AGREE Guidance (SPG) provides the local policy basis for seeking planning obligations through Section 106 Agreements in Neath Port Talbot. Following consideration of the proposed development and potential impacts arising from the development, there are not considered to be any matters which would require obligations under Section 106. H-4 Given that the development does not involve the construction of a building or AGREE AGREE other structure, the scheme does not require SAB approval.

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DRAFT CONDITIONS

3.1 Draft Conditions

It is AGREED that should planning permission be granted subject to the imposition of conditions, the following conditions would accord with the CIL Regulations and the guidance provided within the Welsh Government Circular 016/2014: The Use of Planning Conditions for Development Management:

P2012/1061 No. Condition Reason Source Condition No. To comply with the The installation of the additional ancillary plant and requirements of 1 equipment hereby permitted shall be begun before the Section 91 of the 1 expiration of five years from the date of this permission. Town and Country Planning Act 1990. The installation of the proposed SCR units and In the interests of associated components shall be undertaken in 2 highway safety and 2 accordance with the approved Construction Method pedestrian safety. Statement. Operation of the STOR generators / facility outside the hours of 07.00 to 23.00 shall not exceed a total 50 hours in any calendar year. An up to date register of such night-time operation – which shall comprise details of the date and hours of operation that have occurred In the interests of 3 outside of the hours of 07.00 and 23.00 hours - shall be amenity of adjoining 10 kept by the operator and made available for inspection properties. by the local planning authority upon request, with an annual summary of night-time operations (January – December) provided to the Local Planning Authority no later than 31st January in the following year. In the interest of amenity, since the This permission benefits for a maximum generating application has only capacity of 20MW, and the specification of generator 4 assessed the air 11 and number of generators as set out within the quality and noise application documentation. impact of the current generators. The acoustic fence shall be retained, as installed, and maintained in such a manner to ensure that there are In the interests of no gaps in the structure in accordance with the 5 amenity of adjoining 14 approved plan LL-SP-09 Rev A for the lifetime of the properties. operational use of the development for electricity generation.

New condition to To ensure air The facility shall only be operated with the use of Ultra- satisfy officers quality impacts are 6 low Sulphur fuel which has a maximum sulphur content comment acceptable in the of 10ppm. concerning air interest of amenity quality The noise rating level emitted from the approved To protect the peaking plant shall not be greater than the existing amenity of the background noise levels (at the time of measurement) locality, especially 7 at the identified receptors as set out in the table below. 12, 15 & 16 for people living The Operator shall, at their expense, employ an and/or working independent consultant to update the background noise nearby measurements and assess the level of noise emissions

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P2012/1061 No. Condition Reason Source Condition No. from the Development at the identified receptors following a formal written request from the LPA. Measurements and assessments shall be made in accordance with “BS 4142:2014 Method for rating and assessing industrial and commercial sound”.

Location (Grid Reference – X,Y)

NSR1 Ffordd Coed Darcy (271671, 195855)

NSR2 Holiday Inn (272044, 195949)

Proposed residential development (north) NSR3 (271926, 196262)

Proposed residential development (west) NSR4 (271654, 196069)

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MATTERS TO BE AGREED

There are not considered to be any planning matters that are unresolved.

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CONFIRMATION OF AGREEMENT

Signed for and on behalf of Peak Gen Power 5 Limited

Signed:

Name: BEN LEWIS

Position: INFRASTRUCTURE AND ENERGY DIRECTOR, BARTON WILLMORE

Date: 10th June 2019

Signed for and on Behalf of Neath Port Talbot County Borough Council

Signed:

Name: STEVE BALL

Position: DEVELOPMENT MANAGER - PLANNING

Date: 10th June 2019