PLANNING AND DEVELOPMENT COMMITTEE MEETING - 27TH AUGUST 2009
BRIDGEND COUNTY BOROUGH COUNCIL
REPORT OF THE EXECUTIVE DIRECTOR - ENVIRONMENT ON PLANNING APPLICATIONS
I submit for your consideration the following report on Planning Applications and other Development Control matters based upon the information presently submitted to the Department. Should any additional information be submitted between the date of this report and 4.00pm on the day prior to the date of the meeting, relevant to the consideration of an item on the report, that additional information will be made available at the meeting.
AGENDA FOR PLANNING APPLICATIONS
ITEM APPLICATION APPLICATION ADDRESS NO. NUMBER 1 P/06/1080/FUL LAND NORTH OF GLYNOGWR BLACKMILL BRIDGEND 2 P/08/962/FUL LAND NORTH A4093 BWTN GLYNOGWR & MYNYDD MAESTEG BRIDGEND 3 P/06/417/FUL LAND AT PANT Y WAL NORTH WEST OF GILFACH GOCH CENTRED ON NGR SS 965 908 4 P/06/1356/OBS LAND AT MYNYDD PWLLYRHEBOG SOUTH OF CLYDACH VALE / NORTH WEST OF GILFACH GOCH PORTH RHONDDA CYNON TAF
For Members' assistance I have provided details on standard conditions on time limits, standard notes (attached to all consents for planning permission) and the reasons to justify site inspections.
STANDARD CONDITIONS On some applications for planning permission reference is made in the recommendation to the permission granted being subject to standard conditions. These standard conditions set time limits in which the proposed development should be commenced, and are imposed by the Planning Act 1990. Members may find the following explanation helpful:-
Time-limits on full permission
Grants of planning permission (apart from outline permissions) must, under section 91 of the Act, be made subject to a condition imposing a time-limit within which the development authorised must be started. The section specifies a period of five years from the date of the PLANNING AND DEVELOPMENT COMMITTEE MEETING - 27TH AUGUST 2009 permission. Where planning permission is granted without a condition limiting the duration of the planning permission, it is deemed to be granted subject to the condition that the development to which it relates must be begun not later than the expiration of 5 years beginning with the grant of permission.
Time-limits on outline permissions
Grants of outline planning permission must, under section 92 of the Act, be made subject to conditions imposing two types time-limit, one within which applications must be made for the approval of reserved matters and a second within which the development itself must be started. The periods specified in the section are three years from the grant of outline permission for the submission of applications for approval of reserved matters, and either five years from the grant of permission, or two years from the final approval of the last of the reserved matters, whichever is the longer, for starting the development.
Variation from standard time-limits
If the authority consider it appropriate on planning grounds they may use longer or shorter periods than those specified in the Act, but must give their reasons for so doing.
Recommendation: That Members note the requirements of the Act to impose time limits when granting planning permission for all new developments.
STANDARD NOTES a. The enclosed notes which set out the rights of applicants who are aggrieved by the council's decision. b. This consent does not convey any approval or consent required by building regulations or any other legislation c. Developers are advised to contact the statutory undertakers as to whether any of their apparatus would be affected by the development d. Attention is drawn to the provisions of the party wall etc. act 1996 e. Attention is drawn to the provisions of the wildlife and countryside act 1981 and in particular to the need to not disturb nesting Bird and protected species and their habitats. f. Where a development involves a new build, demolition or conversion into flats or multiple occupancy, you will need to contact the Council's Street Naming & Numbering Officer (tel: 01656 643422) to establish a formal address. g. If you are participating in the diy house builders and converters scheme the resultant vat reclaim will be dealt with at the Chester vat office (tel: 01244 684221) h. Developers are advised to contact the Energy Savings Trust (tel: 0800 512012) and/or the Environment and energy helpline (tel : 0800 585794) for advice on the efficient use of resources. PLANNING AND DEVELOPMENT COMMITTEE MEETING - 27TH AUGUST 2009 i. Where appropriate, in order to make the development accessible for all those who might use the facility, the scheme must conform to the provisions of the Disability Discrimination Act 1995 as amended by the Disability Discrimination Act 2005. Your attention is also drawn to the code of practice relating to the disability discrimination act 1995 part iii, rights of access to goods, facilities and services. j. If your development lies within a coal mining area. you should take account of any coal mining related hazards to stability in your proposals. developers must also seek permission from the coal authority before undertaking any operations that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. property specific summary information on any past, current and proposed surface and underground coal mining activity to affect the development can be obtained from the coal authority. the coal authority mining reports service can be contacted on 0845 762 6848 or www.coal.gov.uk. k. The Local Planning Authority will only consider minor amendments to approved development by the exchange of correspondence in a limited number of cases. The following amendments should require a fresh application:-
* Resiting of building(s) nearer any existing building or more than 250mm in any other direction; * Increase in the volume of a building; * Increase in the height of a building; * Changes to the site area; * Changes which conflict with a condition; * Additional or repositioned windows / doors / openings within 21m of an existing building; * Changes which alter the nature or description of the development; * New works or elements not part of the original scheme; * New works or elements not considered by an environmental statement submitted with the application.
As a general rule it is considered that if an amendment warrants re-consultation, it should not be regarded as minor, and, therefore, not considered without a fresh application. l. You must not start work on site in advance of discharging any pre-commencement conditions otherwise you will need to submit a new formal application. m. The developer shall notify the Planning Department tel. 01656 643167 of the date of commencement of development. n. The presence of any significant unsuspected contamination, which becomes evident during the development of the site, should be brought to the attention of the Assistant Chief Executive Legal and Regulatory Services - Environmental Health. Developers may wish to refer to 'Land Contamination : A Guide for Developers' on the Public Protection Web Page. o. Any builders debris / rubble must be disposed in an authorised manner in accordance with the Duty of Care under the Waste Regulations.
SITE INSPECTION PROTOCOL PLANNING AND DEVELOPMENT COMMITTEE MEETING - 27TH AUGUST 2009
Site inspections can be justified in the following circumstances:- i. Where there are policy issues to be addressed and the site inspection will assist in gaining a better understanding of the policy issues; ii. Where the proposed development will have a major impact over a wide area; iii. Where the visual impact of a proposed development is likely to be significant and which can only be fully appreciated on site; iv. Where the effect on adjoining development requires careful consideration. DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009
ITEM: 1 RECOMMENDATION : SECTION 106 REFERENCE: P/06/1080/FUL
APPLICANT: NPOWER RENEWABLES UNIT 22 TECHNIUM CENTRAL AVENUE BAGLAN ENERGY PARK PORT TALBOT SA12 7AX
LOCATION: LAND NORTH OF GLYNOGWR BLACKMILL BRIDGEND
PROPOSAL: 4 WIND TURBINES, SUB-STATION, TRACKS, MASTS & ACCESS OFF A4093
RECEIVED: 18th August 2006
TOWN/COMMUNITY COUNCIL OBSERVATIONS
Object to the development on the following grounds:
Adverse impact on the environment and beauty of the area
Not an incentive for people to visit the area
RICS reports that house prices will fall when a wind farm is announced in an area resulting in negative equity
Turbines do not reduce CO2 and there is a need for stand by power. The cost of the wind turbines do not justify the return
Health issues linked to noise and vibrations from wind turbines within 1000m. Some of the proposed building is within 400m of homes. Scottish assembly recommend building 1500m away
No plans to remove turbines after they have run their life, other turbines in Gilfach have been left to rot.
Further subsequent comments were made regarding the impact of the extra vehicles on the road network in the area and the ability of the emergency services to respond to call outs.
Further observations regarding the amended scheme were submitted on the 26th January 2009 as follows:
The proposal would contradict the aims and objectives of the UDP and Local Biodiversity Action Plan and is contrary to Environment 2.2, Policies EV1, EV2, EV3, EV7, EV9, EV10, EV17, EV20, EV27, EV28, T1, T2 and T13.
Concerns have also been raised regarding the use of overhead lines, the encirclement of the area with wind farms and the proximity of wind turbines from dwellings.
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Letters supporting OVCC's objections have been received from the Garw Valley Community Council and Porthcawl Town Council.
APPLICATION/SITE DESCRIPTION The proposal is a detailed application for the development of a wind farm comprising 4 turbines (1, 4, 5, & 6)of 2-2.5 mega watt (MW) generating capacity, substation and related infrastructure including construction compound, internal access track and direct access off the A4093. A potential location for the borrow pit is also indicated on the submitted layout plan however, this will be the subject for a future planning application.
The site lies on Mynydd Maesteg and Mynydd Pwllyrhebog and is approximately 400m above sea level at its highest point. The site is mainly made up of open mountain pasture with tracts of forestry to the north and south.
The development site is part of the larger Fforch Nest wind farm, which partly lies within the RCT district. A separate application has been submitted to that planning authority for the remainder of the development including 7 turbines and an anemometer mast. The determination of this part the scheme rests with RCT although this Council has been consulted as a neighbouring authority. The response to RCT will be discussed in planning application P/06/1356/OBS, which is also on the agenda for this committee.
The site lies approximately 1.4 km to the north west of Evanstown and is 2.4 km south east of Price Town. Glynogwr lies approximately 3.2km from the southern boundary. The northern boundary of the site lies directly adjacent to the Rhondda Cynon Taff district and the other element of the Fforch Nest scheme.
There a number of public rights of way crossing the site.
Access to the site is to be obtained off the A4093 Tonyrefail to Blackmill Road to the west of the village of Glynogwr. A 5m wide track would be constructed running northwards to link with the main site.
The site lies entirely within Strategic Search Area (SSA) F, Coed Morgannwg, which comprises the upland plateaux of the coalfields of the former Glamorgan County and extends to the upper reaches of the Cynon, Rhondda, Garw, Ogmore and Afan Valleys. The SSAs are identified in Planning Policy Wales, Technical Advice Note 8 (TAN8), Planning for Renewable Energy as areas noted for having land use and locational characteristics that render them suitable in principle for the development of large scale wind farm development.
The construction phase of the development will last for approximately 18 months with major deliveries restricted to the first 12 months. The operational life of the wind fram will be 25 years after which time the the wind farm will be decommissioned and the site reinstated.
The application was originally submitted in August 2006 for a total of 6 turbines. Prior to this in March 2006 a planning application for 14 turbines on adjacent land was submitted by Pennant Walters as part of the Pant-y-Wal wind farm proposal also under consideration at this committee under application P/06/417/FUL. Following lengthy discussions between both developers and with Council officers, a revised and "harmonised" scheme was submitted along with a separate application for a joint access track in October 2008. The revised Fforch Nest scheme involved the removal of turbines 2 and 12, a reduction in height of the turbines to 115m in line with the adjacent Pant-y Wal-scheme and the removal of an anemometer mast.
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The individual components of the application and the layout of the site are described in more detail below.
Wind Turbine:
The wind turbine operates by wind passing over the blades, which turns the hub connected to a gearbox and generator. The resulting electricity is passed through cables inside the tower to a transformer and onto the national grid. The exact make and model of turbine is to be determined but will comprise of a horizontal axis, three bladed machine being no more than 115m in height to blade tip. Each turbine will have its own transformer. The machine will have an operational lifespan of 25 years.
The turbine will sit atop a reinforced concrete base slab with dimensions of approximately 15m x 15m x 3.25m, it is also proposed to allow the establishment of vegetation around the base, however the exact foundation requirements will be determined following detailed ground investigations
Sub Station:
The development will also include an on-site electricity sub-station in order to facilitate a grid connection to the local distribution network via a sub-station in Ogmore Vale. The turbines will be connected to the on-site sub station via underground cables.
The sub station building will be single storey measuring 7m x 20m with a pitched roof reaching a height of 6m. The building will form part of a compound together with the transformer.
The grid connection itself will be the subject of another consenting regime and is therefore not part of this application. The transmission of power to the grid will be either via overhead wooden pole mounted wires or underground cables.
Site Access:
Construction traffic will be routed via Junction 34 and Junction 36 of the M4 motorway and along the local road network before entering the site at an upgraded field entrance to the west of Glynogwr. All abnormal loads will access the site via Junction 36. The access track between the A4093 and the site entrance will be approximately 5m in width and 4km in length, part of which will involve the upgrading of an existing forestry track. The turbines will also be linked by internal tracks.
It should be noted that notwithstanding the individual access arrangements described here, there is also an application for a joint access track to serve both the Pant y Wal and Fforch Nest wind farm schemes under reference P/08/962/FUL. This application is also under consideration at this Committee. The application was submitted following negotiations with both developers and each party has indicated they will enter a S106 legal agreement to preclude use of their individual access tracks provided that both schemes together with the joint access track are approved. Notwithstanding this arrangement, the original access tracks for each wind farm remain part of the individual application and must therefore be afforded due consideration.
Site Accommodation and Temporary Works:
A temporary construction compound will be located close to the turbines on the main part of the
com_rep Page 7 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 wind farm site with another smaller temporary compound near the site entrance.
Crane pads will be constructed adjacent to each turbine location at the end of each access track. The pads will be constructed of concrete and will measure approximately 20m by 40m. The pads will provide a stable platform for assembly, erection and repair or removal of the turbines and will remain following completion of construction works although they will be covered in top soil and landscaped.
A borrow pit is proposed within the site and would be used to obtain stone for the track construction, which would be reinstated at the end of the construction period. The borrow pit does not form part of the current application and will require a separate consent.
Wind Farm Layout and Design
The layout of the wind farm is to a certain extend dictated by the topography of the site, the ground conditions and the proximity of other turbines both within the scheme itself and the adjacent Pant-y-Wal proposal. Other constraints include areas of environmental sensitivity such as ecology, archaeology and hydrology, proximity to dwellings and proximity to any obstructions such as trees. The scheme has been designed taking these constraints into account and the resulting layout is therefore not in a uniform pattern but indicates the turbines distributed through the site at different levels.
The amended layout proposes 4 turbines (1, 4, 5 & 6) together with the sub-station and compound. Turbine 6 is approximately 1.7km from dwellings in Evanstown to the east and turbine 4 is approximately 2.4 km from residential properties in Price Town in the Ogmore Valley. Turbine 1 is approximately 3.5 km from the centre of Glynogwr to the south. It should be noted that there is a 30m micro-siting allowance for each turbine (50m for turbine 5).
Environmental Impact Assessment
The Town & Country Planning (Environmental Impact Assessment) (England & Wales) Regulations 1999 implement EC Directive 85/337 on the assessment of the effects of certain developments on the environment. The regulations set out procedures to be followed before any grant of planning consent as part of an environmental impact assessment (EIA). Wind farms fall within Schedule 2 of the regulations and Circular 15/99 suggests that any development comprising five or more turbines or over 5MW capacity will likely require EIA. As such an environmental statement (ES) has been submitted with the application, which sets out the results of the EIA undertaken to consider the environmental effects of the proposal.
The ES contains chapters on landscape and visual amenity, ecology, archaeology, noise, traffic and transportation, electromagnetic interference, shadow flicker and safety, geology, hydrogeology and hydrology as well as details on the site selection, land use and detailed description of the development and the decommissioning phase.
RELEVANT HISTORY
P/08/962/FUL CONSTRUCTION OF ACCESS TRACK TO SERVE PROPOSED PANTYWAL & FFORCH NEST WIND FARMS
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P/04/969/OBS, Scoping opinion request for wind farm. Opinion issued 17/11/04
P/06/417/FUL, Wind Farm comprising 10 Turbines, no decision to date
P/08/962/FUL, Joint access track to serve wind farm development, no decision to date
PUBLICITY The application has been advertised in the press and on site. Neighbours have been notified of the receipt of the application. The application has been advertised on site and in the surrounding settlements, and neighbours have been consulted. A public meeting was held in Evanstown in February 2007. The period allowed for response to consultations/publicity has expired.
NEGOTIATIONS The application was originally submitted in August 2006 and was for a total of 13 turbines 6 of which were to be located within the BCBC area. Previous to this in March 2006 a planning application for 14 turbines on adjacent land was submitted by Pennant Walters as part of the Pant-y-Wal wind farm proposal also under consideration at this committee under application P/06/417/FUL. It was apparent that the two proposals were not entirely compatible as the schemes involved siting turbines of differing heights within close proximity to one another. Both schemes also proposed individual access tracks with new junctions to the west and east of Glynogwr.
In 2007, joint meetings with the both developers and Council officers were undertaken and following lengthy discussions a revised and "harmonised" scheme was submitted along with a separate application for a joint access track in October 2008 under application P/08/962/FUL. This application is also under consideration at Committee.
The revised Fforch Nest scheme involved the deletion of turbines 2 and 12 and a reduction in the maximum height from 135m to 115m. Consequently the number of turbines within BCBC has been reduced from 6 to 4 although the number of turbines in RCT remains unchanged at 7.
Following a Development Control Committee site visit on the 1st July 2009, additional photomontages indicating the access track and view from Evanstown were requested. The additional information has been received.
CONSULTATION RESPONSES
Councillor R Shepherd Application should be reported to Committee due to the likelihood of serious traffic problems in delivery of materials along unsuitable roads.
Head Of Street Scene (Highways) No highway objection subject to conditions Conservation & Environment Policy No ecological objections
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Head Of Street Scene (Drainage) No objections Assistant Director Public Protection No objection subject to conditions (see Appendix D for table and notes to be attached to any decision notice)
Environment Agency Wales No objection subject to conditions
Western Power Distribution No objections Countryside Council For Wales No objections subject to conditions Glamorgan Gwent Archaeological Trust No objections subject to conditions Vale Of Glamorgan Borough Council No objections Neath Port Talbot County Borough Council No objections Rhondda Cynon Taff Borough No objections subject to standard wind farm conditions and noise conditions. W.A.G. Highways Directorate No comments Civil Aviation Authority No objections Defence Estates No objections Nats (National Air Traffic Services) Safeguarding No objections Cadw No objections The Forestry Authority No reply received Group Manager Regeneration There are varying views on the impact of wind farms on tourism and there is no definitive research thus no firm view can be given on the effects of wind farms on tourism at this stage.
REPRESENTATIONS RECEIVED
The Following Representations Have Been Received:-, . The total number of objection letters received is 340. These can be broken down as follows.
Non-standard Responses: 67
Standard Letter type A (pre October 2008): 65
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Standard Letter type B (post October 2008): 208
The earlier standard letter consisted of 10 objection points with room for the objectors name and address and signature, an example is attached as Appendix B.
The later letter comprised of a series of 16 tick boxes and room for additional comments. The same letter was used for the Fforch Nest proposal (P/06/1080/FUL) Pant-y-Wal (P/06/417/FUL) and the joint access track (P/08/962/FUL). An example is attached at Appendix B.
In addition 4 petitions were received with 88, 23, 57 and 78 signatures.
Representations against the application were also received from Huw Iranca Davies MP, Kim Howells MP and Janice Gregory AM. Further comments were received from Huw Iranca Davies MP, which make reference to the Arup report. The earlier comments from Janice Gregory AM were re-submitted together with an additional paragraph relating to the access track.
A letter from Mr. Harry Hayes was sent to the Chief Executive expressing concern regarding the re-industrialisation of the area.
A document was received with an extract from the House of Lords Economic Affairs Committee Inquiry into "The Economics of Renewable Energy". In this extract Dr. P A W Bratby questions the use of ETSU_R-97 and central government policy on renewable energy.
A further letter has been received from Mr. F. Jenkins requesting clarification on the exact position of the access track and the potential for increased power output from more efficient turbines and whether this will lead to increased noise.
Further e-mail representations received from Mr. & Mrs. Cole expressing concern that the proposed legal agreement heads of terms does not include any reference to the exact cost of reinstating the site at the end of the working life of the wind farm, claims that they had not been formally consulted on the wind farm applications, querying the public meeting in Evanstown and expressing concern that the access track will be used for further wind farm developments in the area.
The total number of letters received in support of the development is 467. This is broken down as follows.
Standard letter type A: 428 Standard letter Type B: 17 Non Standard: 22
The Standard letter type A comprised a series of bullet points in support of the scheme and wind power with room for additional comments. A copy is attached a Appendix B. The standard letter type B makes reference to global climate change and lists a number of bullet points supporting the proposal.
A letter was received from Pontypridd Friends of the Earth, which states that climate change is happening sooner and with greater intensity than anticipated and that despite local opposition an independent survey found that 91% of the local population were in favour of the plans for the nearby Mynydd Portref Wind Farm proposal.
THE OBJECTIONS RAISED CAN BE SUMMARISED AS FOLLOWS:
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Adversely affect visual amenities
Outside SSA boundary of TAN 8 - Area F
Adversely affects wildlife/protected species/biodiversity/ecology/flora/fauna
Other applications for wind farm proposals within the vicinity
Adverse noise
Impact on health and well-being
Economic threat
Reindustrialisation of the area
Access, traffic and highway and pedestrian safety
Adjoins a SSSI
The scheme includes no provision for decommissioning
Inadequate consultation undertaken
Inadequate Environmental Statement/Errors within the Statement
Misleading information submitted
Vibro Acoustic Disease
Within Special Landscape Area (Coalfield Plateau and Associated Sites and Nature Reserve)
Loss of right to roam
Not in accordance with the UDP
Cumulative impact of wind-farms in the area
Encirclement of the wind turbines around villages
Saturation/Over-concentration of wind-farms in one area
The turbines are too large (higher than recommended height)
Wind is an unreliable source
Negligible impact on reduction on carbon emissions/climate change
Dominates the skyline and landscape
The turbines are incongruous features
Strobing/Shadow/Light Flicker
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Adverse impact on historical/archaeological features
Adversely affect the countryside and remoteness of the area
Adversely affect residential amenities
Vibration
Interference on Human Rights
General disturbance
General nuisance
Close proximity to residential properties
Safety Issues (Storms, Ice throw, Fire, Lightning Strikes)
Loss of television signal
Increase in crime/vandalism and anti-social behaviour
Adverse impact on informal recreation (i.e. walking)
Unsuitable area for wind-farms
Devaluation of properties
Increase in Pollution
Increase in Dust
Increase in Dirt
Increase in Grime
Not a cost-effective scheme
Impact on the quality of life of residents
Inappropriate use of land
Change of use of land
Increase in stress
Loss of privacy
Loss of view
No benefits to local residents
Loss of tourism in area
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Risk of subsidence/landslips
Pressure for further wind-farms in the area
Damage to properties
Geological fault in the Dimbath Valley
Adversely affects drainage
Adverse impact on local businesses and discourages new businesses from locating in the area
ARUPS does not fully endorse the proposal
Encourages gypsies/travellers to the area
Impact on airline traffic
THE POINTS RAISED IN SUPPORT OF THE PROPOSAL CAN BE SUMMARISED AS FOLLOWS:-
Onshore wind is currently one of the most viable and proven renewable energy technologies
Wind farms in the UK are an essential part of our efforts to combat climate change by reducing carbon dioxide emissions from power generation through increased use of renewable energy resources
The site is windy and remote with no statutory landscape or wildlife designations.
The visual impact must be put into context with the widespread environmental damage which climate change could cause in the area and I accept the wind farm as a necessary feature on the skyline
We need to reduce our reliance on fossil fuels in order to ensure the future security of supply
We must build more wind farms if we are to meet Welsh Assembly Government, UK and international targets for carbon dioxide reductions. The UK has a commitment to the Kyoto Protocol, the only international legally-binding agreement designed to address climate change.
The scheme has the potential to supply up to 12,800 homes with clean electricity if 3MW turbines are installed.
The site is within TAN 8 Strategic Search Area F
Wind-turbines are energy efficient
Think they do not detract from the country view
Wind farms are needed to reduce carbon emissions. We need to do it, wind farms are tidy
We need to clean up our act
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Hope for saving the planet
They are wonderful looking and a great idea
Reduce global warming
Wind farms are awesome
Anything that helps the environment is fine by me
Renewable energy is the way forward for Wales
Good idea
Look after mother earth
Change welcome
Good for environment
They are beautiful and soothing to watch
Good for the environment
It's our future, please don't throw it away
The UK has Europe's best wind energy resource and yet we are failing to fully utilise it. Wind energy is clean, safe and abundant and could bring thousands of new jobs to the UK
We need greener energy for future generations to cut down on global warming
Keep the world pollution free. Save our planet
Constructive ideas to introduce new energy sources
The sooner the better and more of them please
Wind farms are fantastic
Wind farms are worth having, especially in Wales
As a geography student, I support renewable energy and would like to see more in the UK
More jobs which are badly needed and no different to the old fashioned windmills.
Anything to better the planet for my grandchildren is ok by me
We need eco-energy so I support this wind farm.
Wind farms are not an eyesore.
Keep NIMBYism in someone else's back yard
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Wind power will play a key role in our energy future
As a visitor to the area and with family in the area, I fully support this scheme. This is of national strategic and international importance for renewable energy schemes to be approved as soon as possible. Time is running out.
I don't want nuclear power anywhere near myself or family and sooner or later we have to accept that fossil fuels are not the way to go. We need this form of power now not later.
Wind farms are necessary
Important for my children's future
As a tourist to the area and with family here, I would not be put off. In fact, it would enhance the area with the beautiful iconic windmills.
We need to do what we can to support new energy methods. This is a necessary step.
Addresses climate change
Should make use of what is free, natural and plentiful
Minimises the use of fossil fuels
Reduces fuel prices
Windy area
Low ecological area
Far from dwellings
Identified by WAG as a suitable area
Clean power
Minimal impact on the countryside and easily rectifiable
Wind is better than any other energy sources such as nuclear, gas, oil etc
Visual impact of turbines are less harmful than not addressing climate change
Proposal is supported by renewable energy policies
Local contractors will be employed
Benefits farmers through diversification
Developer will give money to the community
Benefits the environment
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Addresses climate change
As walkers, the turbines will add something to the landscape and the enjoyment of the walk
COMMENTS ON REPRESENTATIONS RECEIVED The comments from the Ogmore Valley Community Council regarding compliance with the UDP are addressed in some detail in the appraisal section where the national policy position is also discussed. Planning Policy Wales and Technical Advice Note 8, Planning for Renewable Energy (TAN8) sets out the Welsh Assembly Government's position on wind farm development and identifies areas where large scale wind farms are likely to be more acceptable including strategic Search Area F where the site is located. It is not considered that there is any conflict with national or local policy and the site lies entirely within Strategic Search Area F (as defined in TAN 8). The site is therefore appropriate in principle for a wind farm development.
The delivery of major turbine components will entail a traffic management plan and include where necessary a police escort. It is not considered that the impact on the emergency services will be sufficient to justify a reason for refusal.
It should be noted that the reference to Policy EV9 of the UDP, Development in Nationally Important Landscapes, may have been included in error by the Ogmore Valley Community Council. The site does not lie within the Glamorgan Heritage Coast and any views from this area are in any case likely to be insignificant.
There is no evidence to suggest that the development will create any threat to the local economy.
The application has been advertised in the local press, by way of site notices placed in the settlements closest to the site and by direct consultation with neighbours. Furthermore a public meeting was held in February 2007. It is not considered that there has been inadequate public consultation during the processing of this application.
The information contained within the environmental statement (ES) is considered to be accurate and sufficient for the purposes of the Environmental Impact Assessment (EIA) process and this has been backed up by way of the consultation responses received. It is not considered that there has been any misleading information submitted.
The ES contains details of the decommissioning phase of the development
The development will not impact on any rights to roam, which would be covered under separate legislation.
There is no evidence to suggest that the development will impinge on human rights or interfere with health.
There is no evidence to question the safety of the proposal given the relative remoteness of the site.
It is acknowledged in the ES that there will be some increased impact during the construction and decommissioning phases of the development particularly with regard to the access and
com_rep Page 17 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 transportation aspects of the scheme. However, this is to be expected and will be relatively short term. Any adverse impacts can be mitigated by the use of traffic management plans.
It is not considered that the development will give rise to any unacceptable impacts in terms of loss of privacy.
Any damage to individual properties will be a private matter between the owner and the developer.
The reindustrialisation of the area is not considered to be a material factor in this application, however, the physical impacts of the scheme are discussed in some detail in the appraisal section.
The issues of national and local policy, noise and vibration, landscape and visual effect, the capacity of the area to accommodate wind farm development, the impact on ecology and designated sites, access, traffic and highways issues, shadow flicker, television reception, tourism, the impact on the historic environment, land stability and effects on airline traffic are addressed in some detail in the individual sections of the appraisal.
The Arup report and its findings is also discussed in more detail in the appraisal however, notwithstanding the concerns raised the limits identified in that document are guidelines and should not be regarded as absolute limits. The findings of the TACP report would tend to confirm that there is sufficient capacity on the area to accommodate the proposal.
The issues raised in respect of the proposed Section 106 legal agreement relating to the decommissioning works have been noted however, exact figures will be discussed with the applicant following determination. It is not considered expedient to enter into discussions at this stage.
Computer records indicate that Cae Rosser Isaf was consulted in 2006 and following the submission of amended plans in 2008. On both occasions letters of response were received.
The issues of the effect on house prices, the relative merits of wind power, the pressure for further wind farms in the area, the individual loss of view, the perceived increase in crime and vandalism are not considered to be material to the determination of this application. Furthermore there is no evidence that the development will encourage gypsies or travellers to the area.
APPRAISAL This report will address the material planning considerations in relation to determination of this application. Wind power schemes are seen as a key part in the Welsh Assembly Government's targets for renewable energy electricity production and as such it would not be appropriate for the report to discuss issues such as the relative merits of wind power as a renewable energy resource or the qualities of national planning guidance including Ministerial Interim Planning Policy Statement (MIPPS) 01/2005 and Planning Policy Wales Technical Advice Note (TAN) 8.
Members carried out a full Committee site visit on the 1st July 2009 and viewed the proposal from locations in Glynogwr (at the proposed Fforch Nest wind farm individual access), Cae Rosser Farm (adjacent to Cae Rosser Isaf) and Evanstown. Members also viewed the proposed joint access track entrance (and Pant-y-Wal wind Farm individual access).
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The report will assess the relative merits of the proposed Fforch Nest wind farm within the Bridgend County Borough area although many of the issues discussed in the appraisal will be common to the adjacent proposal for the Pant-y-Wal wind farm and the element of the Fforch Nest scheme within the RCT area. This to a certain extent is reflected in the report particularly with regard to the policy, landscape and visual topics where the three proposals will be viewed as one wind farm. However, members are reminded that any determination on this application notwithstanding any other recommendations or decisions relating to the other relevant applications before the Development Control Committee, will be for the development of 4 wind turbines together with its associated individual access and infrastructure as part of the Fforch Nest wind farm development.
The appraisal will be split into 11 sections.
1. The development in relation to the national and local policy context. 2. Landscape and Visual Amenity 3. Ecology and Biodiversity 4. Noise 5. Access, Transportation & Highways 6. Tourism 7. Shadow Flicker 8. Electromagnetic Interference 9. Geology, Ground and Surface Water 10. Archaeology 11. Radar and Air Traffic Control.
1. THE DEVELOPMENT IN RELATION TO THE NATIONAL AND LOCAL POLICY CONTEXT.
Planning Policy Wales (PPW) sets out the land use planning policies of the Welsh Assembly Government. The Ministerial Interim Planning Policy Statement (MIPPS) 01/2005 Planning For Renewable Energy, updates this document in respect of planning applications for renewable energy schemes and outlines the Welsh Assembly Government's (WAG) commitment to renewable energy as a means of reducing carbon emissions. The document indicates established specific renewable electricity production targets for Wales of 4 TWh per annum by 2010 and 7 TWh per annum by 2020. The 4 TWh target equates to a little over 10% of Welsh electricity production. In order to meet the 2010 renewable energy target, WAG's energy policy is that 800 MW of renewable energy capacity should be provided from strategic onshore wind energy development mostly in the form of a small number of large wind farms. A further 200 MW should be provided from offshore wind and other renewable technologies
PPW is supplemented by a series of Technical Advice Notes, including. Technical Advice Note 8 (TAN8), which sets out the policy for the current position on renewable energy and the target figures for 2010 and 2020. It provides the land use planning guidance to facilitate the delivery of these targets through the planning system. The role of Strategic Search Areas (SSAs) is introduced in TAN8, which states that large scale onshore wind developments i.e. over 25MW should be concentrated in the SSAs. The SSAs are designed to display the following characteristics; Good wind speeds, upland areas dominated by conifer plantation and/ or/improved/ impoverished moorland, generally sparsely populated, general absence of nature conservation or historic landscape designations and largely unaffected by radar or MOD constraints. The proposed Fforch Nest Wind Farm proposal(and Pant-y-Wal wind farm) are wholly within SSA F - Coed Morgannywd.
TAN 8 also gives advice on a wide range of factors that have to be taken into account in
com_rep Page 19 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 development control decisions, and includes endorsement for the use of the ETSU-R-9710 report on assessing the effects of noise on sensitive receptors, advice on ecology, aviation, electromagnetic interference, shadow flicker, and on the key issues of landscape/visual impact and cumulative effects is contained in technical annexes. It is noted that the Policy Statement on Renewable Energy contained as Annex A of TAN8 suggests that onshore wind will be the main large-scale technology that is capable of enabling renewable energy targets to be reached.
Other Relevant Technical Advice Notes are the Draft TAN5, Nature Conservation and Planning and TAN 11, Noise.
The Renewable Energy Route Map for Wales (Consultation Document February 2008) sets out a vision of making Wales a showcase for clean energy whilst maintaining our international competitiveness. It identifies renewable energy as being able to contribute to security of energy supply, is affordable, does not produce waste or contributes to global warming. The Route Map sets out the five important strands to Welsh energy policy, the first being securing renewable electricity production targets by 2010 and 2020 and sets out a continued commitment to wind energy as the most readily available commercial renewable technology, and confirms the intention to pursue the proposals in TAN8 with a view to reviewing the targets upwards in due course.
'Meeting the Energy Challenge: A White Paper on Energy' was published by the DTI in May 2007, replacing the 2003 Energy White Paper. It sets out a framework for action to address the challenges of climate change and secure energy supplies, and to manage the risks associated with them. It includes international and UK strategies. Chapter 1 sets out the need for a comprehensive approach to energy policy in the light of climate change and security of supply.
'TAN 8 Annex D study of Strategic Search Areas E and F: South Wales Valleys' (the 'Ove Arup Study'), was commissioned by the Consortium of South Wales Valleys Authorities, and endorsed by the Planning & Development Committee of the Council on the 1st December 2006; This is the local refinement of the boundary of SSA F and has been adopted by the Council as Interim Development Control Guidance. The report indicates that both wind farm proposals fall within zones 33 and 34 of the refined SSA which is suited to development of a 'large wind farm' i.e. with turbines up to a maximum of 100m with a total capacity of 19MW. It should be noted that both wind farms propose 115m turbines with a combined capacity of more than double that suggested in the ARUP refinement. However, members are made aware that these figures are estimates not absolute limits and do not represent a ceiling. If smaller turbines were to be used then there would be a corresponding need for more machines. The capacity of the area to accommodate the wind farms is discussed in more detail in the TACP report referred to below.
The Council commissioned consultants TACP to review the impact of the windfarm applications North of Glynogwr on the landscape and visual amenities of the area. A report entitled Bridgend Wind Farm Appraisal, Pant-y-Wal and Fforch Nest, May 2009, (The TACP report) has been used to inform the Council on matters pertaining to landscape and visual amenity in respect of this and the adjoining wind farm proposal.
There are several policies of the Bridgend Unitary Development Plan (UDP), which was adopted by the Council on the 12th May 2005, which are of relevance to the above proposals, in particular:
Part 1 Policies 1, 2, 10, 18 and 19;
Part 2 Policies EV1, EV7, EV10, EV18A & B, EV19, EV20, EV27 & 28, EV42, EV43 & 44, T12,
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T13(4), RC10(12 & 13), TM1, UNS1, U2 and U3.
UDP Part 1 Policy 1 is an 'over-arching' policy which is intended to be in tune with 'current Government guidance in Wales' (UDP para. 3.1.5 refers). The latter substantively changed after the adoption of the UDP by publication of MIPPS 01/2005 Planning for Renewable Energy and Technical Advice Note (TAN) 8 in July 2005 and referred to above. The proposals broadly accord with the intentions of Part 1 Policy 1 as updated by national policy in that they seek to 'enhance, protect and conserve' the environment of the County Borough while not 'diminishing, endangering or neglecting' it as a 'varied and finite resource'. The proposals constitute development in the countryside which should be strictly controlled, but utility service provision is an acceptable exception to that strict control. Therefore, the proposals also accord in principle with UDP Part 2 Policies EV1, EV7, and EV20, in that on balance they should have a scale, siting, layout, design, and external appearance that will be compatible with the landscape etc., given that their implementation would involve landscape change, and introduce new visual elements as envisaged in national policy, while seeking to maintain or enhance the quality of the environment, and sustaining the biodiversity of the countryside.
It is the intention of UDP Part 1 Policy 2 to take the 'over-arching principle embodied in Policy 1 and to apply it specifically to 'each component of the County Borough's environmental resource' (UDP para. 3.1.6 refers). This involves safeguarding the integrity of the countryside and the built environment through careful siting, planning and design, and by protecting, conserving and enhancing (inter alia) international, national, regional and local biodiversity, and 'special landscape areas'.
In this respect, the proposals should also accord in principle with UDP Part 1 Policy 2 and UDP Part 2 Policy EV10, given that the Welsh Assembly Government (WAG) 'accepts that the introduction of new, often very large, structures into the open countryside needs careful consideration to minimise the impact on the environment and landscape. However, the need for wind turbines is established through a global environmental imperative and international treaty, and is a key part of meeting the Assembly Government's targets for renewable electricity production. Therefore, the land use planning system should actively steer developments to the most appropriate locations'. (MIPPS 01/2005 para 12.8.9 refers). TAN 8 identifies those 'most appropriate locations' for large scale wind farm development (i.e. wind farms over 25MW) in Wales and designates them as 'Strategic Search Areas' (SSAs). The application sites lie within SSA F 'Coed Morgannwg', as designated in TAN 8, which includes a part of two 'Special Landscape Areas' that are designated in the adopted UDP, but which are not considered to be of international or national importance.
With regard to the emerging Bridgend LDP, its preparation is only at the Pre-Deposit Proposals stage (December 2008) and consequently it currently carries very little weight for decision- making. However, it is noteworthy that the LDP Preferred Strategy and Strategic Policies formulated to date encourage the development of renewable energy generation while conserving and, wherever possible enhancing, protecting and improving the natural environment, including the countryside, important landscape features, and biodiversity of the County Borough. Strategically important areas such as Special Areas of Conservation (SACs), National Nature Reserves (NNRs), the Glamorgan Heritage Coast, and other 'Special Landscape Areas' are singled out for specific protection, however, the latter will not be designated until they are defined in the future Deposit LDP. The Pre-Deposit Proposals also emphasise that proposals which contribute to meeting national renewable energy targets will be favoured, provided there will be no adverse impacts on the environment and local communities. In respect of the latter, 'Large-scale wind power developments' will be specifically directed towards the 'locally refined TAN 8 SSA F' in accordance with national policy. (LDP Strategic Policies SP2, SP4 and SP9 refer). The proposals, therefore, also accord in principle with the
com_rep Page 21 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 currently emerging strategy and policies of the LDP.
UDP Part 2 Policies EV18A & B, EV19, and EV20, seek to protect internationally, nationally, and regionally/locally designated sites for nature conservation (and more general protection of biodiversity including its habitats and species) from any potentially adverse impacts of development. The submitted comprehensive documentation which comprises the Environmental Statements (including their Revisions and additional Surveys etc.) for each application address these matters and this issue is discussed in more detail below.
UDP Part 2 Policies EV27 & 28 aim to reduce noise generation and its unacceptable impact on sensitive receptors (which include residential properties, wildlife, and areas where the enjoyment of the landscape might be affected by noise e.g. existing and proposed recreation sites). Noise is addressed in the ESs (and their revisions) for the individual wind farm proposals, and is discussed in greater detail below.
UDP Part 2 Policy EV42 states that 'development which would adversely affect an historic landscape will not be permitted'. While neither of the proposed wind farm proposals submitted within the County Borough lie within a registered Historic Landscape, it should be noted that most of the Fforch Nest is located within the adjacent Rhondda Special Historic Landscape in RCT. In this respect, it is noted that the independent ASIDOHL Surveys which have been submitted by the applicants each conclude that the overall direct physical impact on the Historic Landscape would be very slight, the visual impact on the same would be moderate, and the cumulative effect of these impacts for the reduction in the value of the Rhondda Special Historic Landscape, as a whole, would be categorised as slight. These conclusions have been supported by Cadw, therefore the proposals would also accord in principle with adopted UDP Policy EV42, notwithstanding the fact that much of the proposals' site is located in a high quality landscape and has visual connectivity with the extensive upland that typifies this part of the County Borough, this is confirmed by TACP in their landscape and visual appraisal of the proposals.
UDP Part 2 Policies EV43 & 44 aim to protect known, potential, or suspected sites of archaeological significance. The applicants' ESs conclude that there should be no direct impacts on 'known cultural heritage features', and only 'indirect visual impacts of moderate significance' on archaeological sites. They also propose that 'watching briefs' will be carried out during soil stripping operations in mitigation, and any presence of buried archaeology will be recorded if required, as there is a potential for further archaeological features of probably less than national importance to be present which have not previously been identified. The settings of Scheduled Monuments (and Listed Buildings) within the vicinity of the proposals' site would not be expected to be significantly affected as views of them are either obscured, or are situated at too great a distance from the development. The issue of archaeology in relation to the development is discussed in greater detail below.
UDP Part 2 Policies T12 and T13(4) relate to any potential impacts of the proposals on the public rights of way network during construction and afterwards, and whether the proposals can be safely and efficiently accessed from the Ogmore Transport Corridor.
UDP Part I Policy 10, and Part 2 Policies TM1 and RC10 (12 & 13) promote appropriate rural tourism opportunities and encourage the use of the Cwm Dimbath and Cwm y Fuwch areas for informal recreation purposes respectively. In this respect the upland and forestry areas of the County Borough have many opportunities for tourism and informal recreation that are not currently being fully realised, whereas it is recognised that for a great many people the ability to walk, sit, look at a view, to picnic, or simply visit places as their main enjoyment of the countryside, which can contribute greatly to personal health and well being. The upland areas
com_rep Page 22 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 of the County Borough are also being increasingly used for popular outdoor sports activities such as hang gliding etc. and are a tourism attraction in their own right.
UDP Part I Policy 18 and Part 2 Policy UNS1 relate to the development of unstable or potentially unstable land. The applicants' ESs examine the geology, hydrogeology and hydrology of the sites, and acknowledge that there are geological constraints that could affect the proposed development. This is discussed in some detail below.
UDP Part 1 Policy 19 states that 'Development for 'utility services or the exploitation of renewable energy sources will be favoured where it can best be demonstrated that any adverse effect on the best and most sensitive environments (in terms of landscape and scenic, architectural and historic, and nature conservation value) would be minimal. Accordingly, the Policy implicitly acknowledges that development such as wind farms may have adverse effects but provided that in those 'best and most sensitive environments' those effects would be 'minimal' they will be favoured in principle. The foregoing assessment of the proposals has shown that the effects upon the historic environment and nature conservation interests should in this instance be minimal and would not in my view give rise to undue harm. The landscape and visual impacts of the proposals have been thoroughly assessed both in the applicants ESs and these have been reviewed in the findings of the Council's commissioned 'Wind Farms Appraisal' undertaken by Consultants TACP, which is examined in relation to adopted UDP Part 2 Policy U2 below.
UDP Part 2 Policy U2 confirms that proposals for wind farms and wind turbines will be 'encouraged in the interests of protecting valuable energy sources and limiting emissions of greenhouse gases'. Such developments must, however, satisfy four criteria of assessment to be permissible in principle, and that 'the cumulative, as well as individual, impact of development proposals on sensitive environments will be assessed'. As explained in the supporting text to Policy U2, the Council will seek to protect those interests listed in the criteria contained in the Policy from intrusive or harmful development which will have an adverse effect upon those interests. I have therefore examined the submitted proposals (and their respective ESs) taking on board the recommendations of the Council's expert Landscape Consultants and would make the following observations in respect of the criteria of adopted UDP Policy U2:
1. The proposals' site does not lie within the Glamorgan Heritage Coast, and therefore it accords with this criterion of Policy U2. 2. The proposals' site is located within two designated 'Special Landscape Areas' (SLAs), as defined in UDP Policy EV10, i.e:
(1) The Strategic Coalfield Plateau and its associated Valley Sides, and (2) The Upper Dimbath Landscape Conservation Area (in part)
However, as referred to under Points 1(a & b) above, these parts of the respective SLAs are included within the TAN 8 SSA F designation (albeit at its edge and within its buffer zone) which is one of the 'most appropriate locations' for large scale wind farm development in Wales, where, more importantly, it is accepted under national planning policy that there will inevitably be landscape change even after careful consideration to minimise the impact of new, often very large, structures on the environment and landscape. Similarly, most of the proposed development (except for three of the proposed Pant y Wal Wind Farm's turbines) also lies within the locally refined boundary of SSA F as recommended in the 'Ove Arup Study' whose 'appropriate recommendations' have already been endorsed by the Council. Bearing in mind the intentions of adopted UDP Part 1 Policies 1, 2, and 19, and Part 2 Policy EV1, with which the proposals have been assessed to be in broad accord in principle in terms of their location, they must nevertheless be carefully considered in terms of their cumulative as well as individual
com_rep Page 23 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 impact on the landscape and in visual terms to satisfy this criterion of Policy U2. A substantial part of both ESs submitted with the applications (as subsequently revised and re-assessed) address these interests.
Reference is made to the comprehensive findings in the TACP report, which reviews the ESs for the wind farm applications including the Joint Access Track proposal, and which undertakes a capacity assessment for the upland area of the proposed wind farms. The TACP Appraisal took due account of all revisions to the schemes and the additional information included in the ASIDOHL reports. Essentially, the TACP Appraisal concurs with the results of the landscape and visual impact assessments undertaken for the proposals; however, the review demonstrates that the indirect impacts on the landscape through its visual context is considered to have been 'underestimated' especially for the adjacent upland areas.
In view of TACP's conclusions expressed in paragraph S13 of the Executive Summary to their Appraisal Report, especially that the 'landscape and visual impacts of these proposals are relatively contained', it is considered that they are in accord in principle with the relevant provisos made in criterion 2 of Policy U2, the remainder of the criterion having already been satisfied in respect of the adjacent Rhondda Historic Landscape. Furthermore it is not considered likely that the proposals should have any harmful impact upon the Kenfig SAC as it is situated at a considerable distance away at the opposite side of the County Borough, the proposals therefore also accord with this criterion of Policy U2. In summary, therefore, the proposals would therefore also accord in principle with adopted UDP Part 1 Policy 19, and Part 2 Policy U2.
Lastly, UDP Part 2 Policy U3 lists those detailed considerations which will need to be addressed in respect of the proposals, given they do not conflict in principle with adopted UDP Policy U2. These are largely matters of detail which are for consideration, and most can probably be overcome through appropriate conditions and/or through a Section 106 Agreement.
Given the above considerations the applications are generally in accord in principle with both the relevant policies of the adopted and emerging development plan.
2. LANDSCAPE & VISUAL
Wind farm developments by their very nature are likely to raise issues in terms of their visual appearance and their setting within the landscape. Also, the proximity of the site to the Pant-y- Wal wind farm proposal would mean that both schemes will appear for all intents and purposes as a single wind farm when viewed from outside the site(s). The cumulative impact of these wind farms with other wind farm schemes such as the existing operating Taff Ely wind Farm and consented Mynydd Portref scheme to the south of the site in the area must also be considered. The potential impact of the development on the surrounding landscape as well as its visual impact forms a substantial part of the submitted ES which includes relevant assessment of the landscape issues as distinct from the visual appearance of the proposal. All further references to 'the site' in this appraisal relates to the combined application sites of the individual wind farm proposals and their suggested accesses which are under consideration unless specified otherwise.
In terms of adopted development plan policies, the site lies within two designated 'Special Landscape Areas', that is wholly within the Strategic Coalfield Plateau and its Associated Valley Sides and partly within the 'Upper Dimbath Landscape Conservation Area' as identified in Policy EV10 of the adopted Bridgend Unitary Development Plan. Both of these 'Special Landscape Area' designations are matters of principle for the assessment of the applications under one of the criteria contained in Energy and Utilities Policy U2 of the adopted UDP. Any proposals
com_rep Page 24 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 which may thereafter be considered to be permissible under Policy U2 must then satisfy the detailed criteria pertinent to their further assessment under Policy U3 of the adopted UDP. Also, the Rhondda Landscape of Special Historic Interest lies to the north of the site within RCT. Furthermore, the site is located entirely within Strategic Search Area (SSA) F as designated in TAN 8, and all 4 turbines are within the "refined" SSA as defined in the Arup report as referred to earlier in this appraisal.
The pre-application scoping opinion identified that the site lay within an area of high biodiversity value, which is also evaluated as 'high' under the LANDMAP assessment. For members information LANDMAP is the Welsh Assembly Government (WAG) approved landscape methodology and comprises of a series of "layers" including visual and sensory, cultural heritage, historic landscape, geological landscape and landscape habitats. The landscape and visual impact assessment (L&VIA) in the ES has been undertaken in this context and describes the construction and operational phases of the proposed wind farm on the landscape of the site and its environs as well as the effects on visual amenity. This includes the effects on features and characteristics assessed as important to the landscape character of the site and surrounding landscape. Views of the site are also considered both from within the site and the surrounding area including any highways and the rights of way network. A cumulative assessment of the development with the Pant-y-Wal, Taff Ely and Mynydd Portref wind farms has also been undertaken.
With regard to the visual assessment a zone of visual influence (ZVI) has been examined up to 30 km radius from the centre of the site. The cumulative ZVI (CZVI) includes other existing and consented wind farm development up to 60km from the site and extends to part of the Gower AONB, Brecon Beacons National Park and the Glamorgan Heritage Coast.
As part of the ES an Assessment of the Significance of Development on Historic Landscapes (ASIDOHL) for the both the proposal and the cumulative Pant y Wal and Fforch Nest wind farms was submitted.
A landscape and visual assessment has been undertaken for the amended proposal. The assessment comprised a combination of an information review, consultations, fieldwork observations and photography, computer-based data procession and analysis. The assessment relates to the development of the entire Fforch Nest wind farm and not just the four turbines located within the BCBC area. Further to this assessment, an assessment was carried out on the cumulative effect considering all known schemes in the surrounding area and in particularly the proposed Pant y Wal Wind Farm. The following conclusions were reported.
Due to the decrease in number of turbines and the lower tip height, all of the effects measured are equal or better than those recorded in the original assessment of thirteen turbines.
The effects on the landscape fabric of the site as a result of the turbines will be minimal in extent and reversible at the decommissioning phase and not significant in landscape terms.
Short lengths of hedgerow will be lost where the access track runs through existing hedgerow field boundaries but, overall, the effects of the development on the landscape fabric of the site and surrounding area will not be significant.
The eleven turbines at Fforch Nest (including the element of the scheme within RCT) will result in an obvious change in character to the landscape of the site and immediate locality. The significant visual effects beyond the immediate site are largely localised and constrained by the topography to the open ridge tops, where the size of the development can be absorbed in the wide panoramic views. For these views, it is often necessary to walk/ cycle/ horse ride in order
com_rep Page 25 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 to experience the views as the ridges have limited access especially via A/B-roads; views from the urban, populated and accessible areas, on the other hand, will be minimal and the significant effects are generally as originally predicted in the original ES for the majority of the assessed viewpoints.
In terms of its cumulative effect, the speculative existing, consented and proposed wind farm baseline, the ZVI and viewpoint analysis indicates that combined or successive cumulative visual effects as a result of the introduction of the proposed Fforch Nest Wind Farm may be most frequently experienced with respect to the Pant y Wal and Mynydd Portref Wind Farms, and less frequently with the proposed Hirwaun, Maerdy, Mynydd Marchywel and Glyncorrwg Wind Farms.
The most notable cumulative effects would be in relation to the proposed Pant y Wal wind farm, due to the contiguous nature of this and the Fforch Nest turbines, the two developments together may be perceived to be one wind farm, and the ZVIs for both schemes are largely coincident. No significant cumulative effects are anticipated to the landscape fabric of the site as a result of the addition of the proposed Fforch Nest Wind Farm to the speculative baseline of existing, consented and proposed wind farms. There may be some cumulative effects to the landscape fabric of the site as a result of the proposed Pant y Wal and Fforch Nest developments, due to their contiguous nature. However, such effects are not anticipated to be significant.
Due to the location of the Pant Y Wal turbines, Fforch Nest would not extend the presence of turbines within the wider landscape, the character of the site and its immediate surrounding would already be modified and characterised by the Pant Y Wal turbines. In addition wind turbines are already a readily recognisable feature within the wider landscape, and would become more prevalent by the construction and operation of all existing, consented and proposed schemes. Therefore the resultant cumulative effects on the wider landscape character and designated landscapes as a result of the addition of the proposed Fforch Nest Wind Farm to the speculative baseline would not be significant.
In conclusion by siting the development in an area where wind energy infrastructure is already a visible recognisable characteristic feature, the resultant significant cumulative effects in landscape and visual terms would be limited and localised.
In view of the major landscape and visual implications of the development, landscape consultants TACP were commissioned on behalf of the Local Planning Authority to review the supplementary information provided for the Environmental Statements prepared for Pant y Wal and Fforch Nest Wind Farm planning applications and to undertake a capacity assessment for the upland area of the proposed wind farms. The main purpose of the review was to consider the impact of the proposed wind farms both individually and in combination on the landscape of the area and the visual impact on the settlements affected. A copy of the executive summary of this report is attached as Appendix A.
The report also included a review of the landscape and visual impacts contained within the Environmental Statements submitted as part of the applications as well as a review the proposals against the TAN 8 Annex D study of Strategic Search Areas E and F: South Wales Valleys 2006 report prepared by Arup for the Consortium of South Wales Valleys Authorities. The report indicated that the assessments carried out as part of the review generally concur with the results of the landscape and visual impact assessments undertaken for both the Pant y Wal and Fforch Nest wind farms although some indirect impacts on the landscape for adjacent upland areas through its visual context have been underestimated. Nevertheless, the revisions to both schemes have gone some way to reduce the landscape and, more particularly, the
com_rep Page 26 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 visual impacts of the schemes. The report concludes that the upland setting, large scale of landform, simple land-cover and relatively sparse population make Mynydd Maesteg a possible location for wind generated energy. This has been confirmed through the TAN 8 Strategic Search Area refinement exercise and an area of Mynydd Maesteg has been included within the refined Strategic Search Area (SSA) boundary identified for large scale wind farms.
The TACP report also identifies that there will be significant changes in the landscape context of a number of high value landscape areas especially those within which the wind farms are located as well as the adjacent uplands of Mynydd Llangeinwyr and Mynydd Gaer. Both wind farms are located within the BCBC Special Landscape Area and the greater part of Fforch Nest Wind Farm is located within the Rhondda Historic Landscape in RCT. There will also be significant visual impacts on settlements in close proximity to the proposed wind farms especially Gilfach Goch, Evanstown and Glynogwr although longer views will be ameliorated through screening from local topography and vegetation.
With respect to cumulative visual impact, relevant existing and proposed wind farms have also been reviewed as part of the report. With regard to the existing and consented wind farms, the proposed Pant y Wal and Fforch Nest schemes would be most frequently viewed with the existing Taf Ely Wind Farm and consented Mynydd Portref Wind Farm. Given the proximity of these two proposals there is a high frequency of combined views, and as such a high cumulative impact, on a small number of settlements such as Gilfach Goch and Glynogwr where all four of these wind farms would be visible as important elements within the view. Scarweather Sands Wind Farm would be viewed with moderate frequency but is located at a distance of approximately 28km from the proposed wind farms. The consented Power Factory, Fochriw, and Maesgwyn wind farms as well as the existing Ffynon Oer Wind Farm would have a limited cumulative impact.
The capacity assessment carried out by TACP took into consideration the recommendations from the Arup Report, landscape sensitivity of the area, visual impact using key viewpoints, a review of populations, location and visibility to the area and the implications of policy issues on capacity. As part of the review an assessment of the visual impact of the proposed wind farms on each settlement within 30km study area was considered for Pant y Wal Wind Farm, Fforch Nest Wind Farm and the combined effect of Pant-Y-Wal and Fforch Nest wind farms.
The Settlements within the 30km study area ZVI were identified and views from these settlements assessed using the following definitions: a) Negligible: No part of the development is discernible or is at such a distance that it is scarcely apparent in the view. b) Minor: Proposals constitute only a minor component of the view, which could be missed by the casual observer having little effect on the nature of the view. c) Moderate: Proposals form a visible and recognisable new adverse element within the overall scene and may be readily noticed by the observer d) Prominent: when they are easily seen without the need for close examination of the landscape e) Dominant: where they are not just visible but draw the eye to the extent that little else is seen even in an attractive landscape
com_rep Page 27 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 f) Overwhelming: if they are so close and of such a size as to make the observer uncomfortable and want to move away.
The relevant ZVI illustrates that due to the topography there will be very few views of the wind farms from the majority of the towns in the study area, these include the settlements of Maesteg, Pencoed, Pontycymer and Pyle within the BCBC area.
However, the ZVI suggests some visibility from a number of towns and settlements within the BCBC area summarised as follows:
Gilfach Goch/Evanstown: Views would be restricted to residents facing northwest towards the turbines that are not obscured by other buildings. Views of the turbines would be dominant due to the proximity to the development. It should be noted that these views would be mainly limited to properties within RCT. An additional photomontage indicating the proposed development from the centre of Evanstown has been submitted and suggests that views will be mainly restricted to blade tips.
Glynogwr: Open views are available from the northern edge of the village towards the proposed turbines. The proposed access track would be visible in part in the lower section. Views of the turbines here would be dominant due to the proximity to the development with the Pant-y-Wal turbines being closest.
Nant-y-Moel: The majority of the settlement would have no views of the Fforch Nest scheme but there would be some limited views of the Pant y Wal Wind Farm from the very edge of the settlement. Due to the valley nature views would be restricted by vegetation and the built form and thus the impact would be reduced to Moderate.
Ogmore Vale: The majority of the settlement would have no views but some limited views would be available from the very edge of the settlement. Due to its valley nature, views would be restricted by vegetation and the built form and thus the impact would be reduced to moderate.
The views from Bettws, Sarn & Aberkenfig, Bridgend, Cefn Cribbwr and Porthcawl were considered to be minor. The significance of the proposed wind farms on views from settlements within the 30km study area are shown to be greatly reduced for settlements greater than 6km from the site. Settlements located further than 6km from the development have all been assessed as having a minor to negligible effect on views; this is due to the reduced prominence of the proposed turbines and the increased screening effect of vegetation, topography and the built form of urban development when viewed at these distances. For settlements within the 6km distance from the site only the villages of Gilfach Goch, Glynogwr and Evanstown are assessed as the turbines having a dominant effect on the views, this is due to the very close proximity of the turbines and lack of screening features.
The other settlements within the 6km distance are all assessed as having a moderate impact on the views due to their locations within valleys, which would allow for a greater screening affect of vegetation, topography and elements of the built form of each settlement. The TACP report generally concurs with the Arup Report inasmuch as the area proposed for the refined SSA boundary, whilst impacting upon the settlements of Gilfach Goch, Evanstown and Glynogwr, has lesser impacts than surrounding areas.
The Fforch Nest Wind Farm lies totally within the refined SSA F boundary. Furthermore, the amended scheme for both Pant y Wal and Fforch Nest represents a positive improvement over the original proposal in landscape and visual terms.
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The TACP report did however, identify that turbine 14 of the Pant-y-Wal Scheme was the most prominent from a number of locations and recommended the removal or possible relocation of this turbine in order to reduce the overall visual impact of the both wind farms. As discussed above, the applicant has confirmed that this turbine has now been removed from the scheme.
The Countryside Council for Wales (CCW) is the Government's statutory advisor on sustaining natural beauty, wildlife and the opportunity for outdoor enjoyment in Wales and is also a statutory consultee on planning applications that may impinge upon the its remit. In its response CCW has not offered any adverse observations in respect of the landscape and visual aspects of this proposal and states "It is the opinion of the CCW that the Landscape and Visual Impact Assessment (LVIA) chapter of the Environmental Statement (ES) is sufficiently detailed and reaches reasonable and appropriate conclusions in respect of the predicted landscape and visual impacts". Whilst there is acknowledgement that there will be landscape change, this is not at odds with the advice contained within national planning advice (TAN8).
Cadw is the Welsh Assembly Government's historic environment division and has indicated that there are no serious concerns regarding the impact of the proposed development on the Rhondda Historic Landscape.
The proposed access track for the development raises landscape and visual issues in itself and whilst these are not as significant as the turbines this aspect of the development must be considered. As referred to above, a separate application for a joint access track has been submitted and is under consideration. This proposal intends to remove the need for two separate tracks to serve both wind farms and the need for a lengthy access link through the Ogmore Forest to facilitate the Pant-y-Wal scheme. Notwithstanding the main landscape and visual issues described above the TACP report concludes that "it is considered essential that should the applications for these wind farm developments be granted, the applicants must ensure that each wind farm is accessed solely by means of the proposed joint access; and that no developments entail the construction or use of any separate access tracks included in the original planning applications". Whilst the Fforch Nest scheme does not propose the lengthy access link as per the Pant-y-Wal scheme and is thus more acceptable in visual amenity terms if the scheme is considered in isolation, members should also be mindful that neither proposed development may be acceptable if considered solely with regard on its own proposed access track, or indeed in respect of their combined impacts as opposed to a joint track. The individual access track will be discussed in greater detail in Section 5.
Given the impacts and recommendations identified above and the TACP assessment, it is considered that there is sufficient capacity on Mynydd Maesteg for wind farm development in terms of its landscape and visual capacity. It is considered that the criteria required for wind farm development are met and the landscape and visual impacts of these proposals are relatively contained. However, there are a number of consented and proposed wind farms that will impact visually and indirectly upon this area and reinforce the "wind farm landscape" to the north and north east of the County Borough. The TACP report also recommends that subsequent wind farm proposals are reviewed with increasing scrutiny with regards those people living, working and travelling through the area.
TACP's recommendation must also be balanced against the advice in TAN8 which states "Within (and immediately) adjacent to the SSAs, the implicit objective is to accept landscape change i.e. a significant change in landscape character from wind turbine development". In this case it is considered that the landscape and visual effects as described above are insufficient to override the national planning policy presumption in favour of wind farm development in this area.
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3. ECOLOGY AND BIODIVERSITY
The potential impact of the wind farm development on the ecology or biodiversity of an area as well as any effect on a protected species is a material planning consideration. Planning Policy Wales para 5.5.1 advises that biodiversity considerations must be taken into account in determining individual applications. Further advice is contained in the Draft Technical Advice Note 5 nature Conservation and Planning (TAN5). UDP policies EV18, EV19 and EV20 are also relevant.
The ES has a specific chapter on ecology and has provided an assessment on the survey area i.e. the turbine locations and the proposed access route. A supplementary bat report has also been submitted as part of the assessment. The assessment involved field surveys following advice from CCW and other consultees and is based on the following.
Extended Phase 1 Habitat survey, including protected mammal, reptile and amphibian survey Detailed vegetation survey around the turbine locations Winter birds survey Breeding birds survey (including marsh fritillary butterfly survey) Vantage-point survey of birds over-flying the study area Nightjar surveys
No statutorily designated sites are situated within the boundary of the site although the Darren y Dimbath Site of Special Scientific Interest (SSSI) is located within the Ogmore Forest approximately 900 to the south west of the main wind farm site. This site comprises a rich assemblage of liverworts, mosses and rare ferns. Within the BCBC area there are also 3 Sites of Importance for Nature Conservation (SINC) within 2km of the site boundary. The Blackmill Woods Special Area of Conservation (SAC), lie to the south-west of the main wind farm sites and along the access route corridor. The ecological surveys were updated following the revised layout proposals in 2008.
The main ecological issues identified within the site are
* The presence of various species of bats close to the southern part of the access track
* The small areas of mires and wet flushes associated with the upland site
* The presence of birds of prey such as Merlin, Hen Harrier and Peregrine in small numbers crossing the site as well as the potential for Red Kite to use the area. Nightjars breed in close proximity to the wind farm area.
* The loss of hedgerow connectivity along the access track.
The ES has covered these issues and has concluded that the impacts of the proposal on the various features is minor to negligible. The preparation and implementation of a Habitat Management Plan is suggested as a mitigation measure and this may be controlled by way of a planning condition. Other mitigation measures to off set any impact from the development include locating the turbines so as to avoid interference with mire habitats. The ES acknowledges that there will be some ecological disturbances during the construction and decommissioning phases of the development however, there will ne no permanent habitat loss or impact on any protected species.
The County Borough Ecologist has not raised any objections to the proposals.
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The Countryside Council for Wales (CCW) in its consultation response has not offered any objections to the scheme subject to the incorporation of suitable mitigation and monitoring measures and careful siting of turbines to avoid any interference with bat foraging areas. It is also noted that the ES recommends that all construction work with the potential to disturb birds is to be carried out between September and March in order to avoid the bird breeding season.
Much of the ecological disturbance described above relates to the individual access track. As referred to above there is a separate application for a joint access track currently being considered, both applicants have indicated that they are prepared to enter a legal agreement to prevent use of the individual access.
The Royal Society for the Protection of Birds (RSPB)has indicated that available evidence suggests that wind farms can harm birds in three possible ways i.e. disturbance, habitat loss or damage (both direct or indirect), and collision. However, if wind farms are located away from major migration routes and important feeding, breeding and roosting areas of those bird species known or suspected to be at risk, there is a strong possibility that they will have minimal impact on wildlife. The RSPB has recently published a report entitled Positive Planning for Onshore Wind Expanding Onshore Wind Energy Capacity While Conserving Nature. The report concludes that wind power has a significant role to play in the UK's fight against climate change and with the right strategic approach and planning safeguards, it can be expanded without significant detrimental effects on birds of conservation concern or their habitats. "Evidence from several European countries, including parts of the UK, shows that it is possible to plan onshore wind farms, without significant and unnecessary damage to wildlife." No adverse observations have been received from the RSPB.
Whilst there may be examples of protected species being present within the area to be developed, including Red Kite and other birds of prey, the majority of the site has a minimal ecological value and the submitted environmental information has adequately demonstrated that subject to suitable mitigation measures, that there will be no adverse impact on any protected species or any environmental or ecological interests. It is considered therefore that the proposal does not conflict with national or local policy with regards to ecology or nature conservation.
A screening assessment was also submitted in respect of the potential impact on Blackmill Woods Special Area of Conservation (SAC), which lie to the south-west of the main wind farm sites. Concern was raised that the internationally designated SAC would be susceptible to the pollutants from passing vehicles and/or physical impacts from large loads using the main roads in order to gain access to the site. If theses impacts were considered sufficiently adverse then screening for Habitat Regulations Assessment or Appropriate Assessment would be required.
The assessment indicated that the main risk to the SAC would be an increase in airborne pollution; both could potentially arise due to increased volumes of heavy traffic on the A4061 during the construction period although this is considered to be very limited and there will be no significant impact.
In view of the above it is considered that there is unlikely to be any significant environmental impact on the SAC and it is unnecessary to carry out Habitat Regulations Assessment or Appropriate Assessment screening in this case.
4. NOISE
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Noise is a material consideration in the determination of wind farm applications and forms a major part of the submitted environmental statements for both the Pant-y-Wal and Fforch Nest schemes. As well as potential noise generation from the individual wind farm the cumulative effect of both the Pant-y-Wal and Fforch Nest wind farm proposals must be taken into consideration. In view of this a cumulative noise assessment has also been submitted as part of the noise chapter of the ES.
National planning advice is contained in Planning Guidance (Wales) Planning Policy, Planning Guidance (Wales) Technical Advice Note (Wales) 8: Renewable Energy (TAN 8) and Technical Advice Note (Wales) 11: Noise (TAN 11). UDP policies EV27 and EV28 relating to noise are also relevant.
The relevant guidance document to assess wind farm noise is ETSU-R-97. The Assessment and Rating of Noise from Wind Farms (1996). This provides a framework for the measurement of wind farm noise limits to offer a reasonable degree of protection to wind farm neighbours, without placing unreasonable restrictions on wind farm developers or local authorities and is endorsed by TAN8.
TAN 8 advises at Paragraph 2.14 that: "Well designed wind farms should be located so that increases in ambient noise levels around noise-sensitive developments are kept to acceptable noise levels with relation to existing background noise. This will normally be achieved through good design of the turbines and through allowing sufficient distance between the turbines and any existing noise sensitive development. Noise levels are generally low and, under most operating conditions, it is likely that turbine noise would be completely masked by wind generated background noise."
TAN 8 goes on to discuss the noise sources found within wind turbines. These may be summarised as follows:
1. Mechanical Noise: generated by the gearbox, generator and other parts of the drive train which can be radiated as noise through the nacelle, gear box and tower supporting structures. Careful design at the development stage of a wind turbine can eradicate this source of noise such that most modern wind turbines do not exhibit tonal noise within the measured/audible noise emissions.
2. Aerodynamic Noise: generated by the action of the rotating blades of the turbine as they pass through the air. The level of noise from the source is determined by the speed of the blades as they pass through the air. This in turn is determined by the rotor diameter and the rate of rotation. Tip designs for blades have improved resulting in reductions in high frequency noise emissions from this source.
As part of the assessment measurements of existing background noise levels at 7 noise sensitive properties and settlements in the general vicinity of the site were carried out. The assessment also looked at the impact of operational noise from the proposed Fforch Nest scheme on the residents of nearby dwellings as a result of the changes made to the proposal i.e. the removal of two turbines. The assessment indicated that there was no increase in noise impact.
In addition to the impact of the Fforch Nest Wind Farm operating in isolation, the assessment has also addressed the potential cumulative noise impact of the Fforch Nest Wind Farm operating simultaneously with the existing Taff Ely Wind Farm, together with the consented Mynydd Portref and proposed Maerdy Wind Farms plus the proposed Pant y Wal Wind Farm. This cumulative assessment has also shown that ETSU-R-97 derived noise limits can be
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Based on these results, the noise impact of the operational Fforch Nest Wind Farm is therefore classified as being minor. This classification is based on the fact that all ETSU-R-97derived noise acceptability criteria can be achieved.
In this case the proposed Fforch Nest Wind Farm must be considered along with the contiguous Pant-y-Wal scheme for the purposes of calculating noise levels as for all intents and purposes they will be operating as a single wind farm in noise terms. The Group Manager Public Protection has offered no adverse observations regarding the methodology and findings of the noise assessment subject to conditions. Both wind farm developers have agreed to accept a noise limit of 37dB(A) or 2dB(A) above background noise levels. This will result in a cumulative noise limit of 40dB(A), which is within limits recommended in ETSU-R-97 and can be controlled by way of planning conditions. The issue of noise monitoring has also been discussed with officers of RCT CBC and similar conditions may also be imposed on the elements of the wind farm located within that district. Furthermore Npower, who also operate the nearby Taff Ely wind farm have indicated that they have not received any noise complaints regarding this facility nor are there any logged noise complaints recorded on the RCT database since 2004 (the extent of records).
The issues of 'aerodynamic modulation of wind turbine noise' and associated 'vibro-acoustic disease' has been raised by an objector. The term aerodynamic modulation (AM) indicates aerodynamic noise from wind turbines, but with a greater than normal degree of regular fluctuation at blade passing frequency, typically once per second. Reference is made to a report by Salford University in 2007 on behalf of the then DTI, the aims of this study was to ascertain the prevalence of AM on UK wind farm sites, to try to gain a better understanding of the likely causes, and to establish whether further research into AM is required. This included a survey of local authorities with wind farms in their areas and further investigation of sites for which AM was identified as a factor.
The executive summary of this report states "The results showed that 27 of the 133 wind farm sites operational across the UK at the time of the survey had attracted noise complaints at some point. An estimated total of 239 formal complaints have been received about UK wind farm sites since 1991, 152 of which were from a single site. The estimated total number of complainants is 81 over the same sixteen year period. This shows that in terms of the number of people affected, wind farm noise is a small-scale problem compared with other types of noise; for example the number of complaints about industrial noise exceeds those about wind farms by around three orders of magnitude. In only one case was the wind farm considered by the local authority to be causing a statutory nuisance. Again, this indicates that, despite press articles to the contrary, the incidence of wind farm noise and AM in the UK is low".
The report goes on to say that "AM was considered to be a factor in four of the sites, and a possible factor in another eight. Regarding the four sites, analysis of meteorological data suggests that the conditions for AM would prevail between about 7% and 15% of the time. AM would not therefore be present most days, although it could occur for several days running over some periods. Complaints have subsided for three out of these four sites, in one case as a result of remedial treatment in the form of a wind turbine control system. In the remaining case, which is a recent installation, investigations are ongoing"
The then DTI saw fit to conclude that it would not fund any further investigation into the incidence of AM due to the relatively few incidents reported and the inconclusive results published in the report. However, the objector has referred to the conclusion of the report
com_rep Page 33 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 which states "The low incidence of AM and the low numbers of people adversely affected make it difficult to justify further research funding in preference to other more widespread noise issues. On the other hand, since AM cannot be fully predicted at present, and its causes are not fully understood we consider that it might be prudent to carry out further research to improve understanding in this area".
Notwithstanding this, the Government position remains that extant planning advice including TAN8 and ETSU-R-97 should continue to be followed for the assessment of noise from wind farms.
Also, a small number of representations have been received, which also question the suitability of ETSU-R-97 in assessing noise in relation to wind farm proposals, these include articles from technical journals and publications and an extract from the House of Lords Economic Affairs Committee Inquiry into "The Economics of Renewable Energy". In this extract Dr. P A W Bratby questions the use of ETSU_R-97 and central government policy on renewable energy.
Members are advised that the planning determination procedure is not a suitable forum to discuss the merits of nationally recognised advice and that the application should be determined in accordance with national and local policy. Furthermore there is no evidence that the issue of aerodynamic modulation of wind turbine noise and associated vibro-acoustic disease is a problem within this development and as such is not a material factor in the determination of this application.
5. ACCESS, TRANSPORTATION AND HIGHWAYS.
The main transport implications for this development will be associated with the movements of commercial vehicle heavy goods vehicles (HGVs) to and from the site during the construction phase. Access to the site would be gained via the A4093, predominantly from M4 junction 34 and the A4119, the routes form part of the strategic road network, and are already subject to frequent HGV movements. The abnormal loads carrying turbine components and some concrete deliveries would travel form the west via M4 junction 36 and the A4061. The development will also require deliveries of plant, equipment and road stone (if not sourced on site) for the access tracks, ready mixed concrete for turbine bases, and mobile cranes to erect the turbines. The access onto the A4093 will be situated approximately 110 metres to the west of Whitwell House in Glynogwr and the access track will pass within 125m of The Old Vicarage. There is the possibility that these dwellings will experience some disruption during the construction phase although this is not sufficient enough to warrant the refusal of planning permission. Once operational there would be minimal amount of traffic associated with the maintenance and repairs. This issue is covered in some detail in the ES which identified the following potential effects:
The assessment shows that for the worst case scenario i.e. where all road stone is transported into the site the HGV movements, associated with track stone will be spread over the first seven months of the construction programme. The number of movements would be greatest in month 2, when approximately 30 movements (15 in and 15 out) per day would occur. More than 50% of the total HGV movements are associated with track stone and these will be completely avoided if a subsequent application for consent to establish a borrow pit is approved.
Also, the period involving concrete pours for the turbine bases also generate a significant increase in HGV traffic on the A4093 near Gilfach Goch and west of the proposed site access towards Blackmill, for both scenarios. However, this will only occur on a total of 11 days (reduced from 13 days originally) and a traffic management plan will minimize the potential effects of this short term impact. On these days, up to 128 concrete deliveries (64 in 64 out)
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Mitigation measures would include the installation of wheel wash facilities to avoid vehicles carrying mud onto the public highway, deliveries of abnormal loads to be timed for quiet periods, with police escort if appropriate, specific travel routes and timed periods to and from the site to be defined for delivery vehicles and the implementation of a Traffic Management Plan to regulate overall vehicle movements.
The Head of Street Scene has offered no highway objection subject to conditions. In a separate response the Rights of Way Officer has submitted observations regarding the implementation of the internal access tracks with regard to the rights of way network.
As referred to above, there are a number of environmental and visual concerns regarding the use of two individual access routes to serve the Pant-y-Wal and Fforch Nest Schemes. A separate application (P/08/962/FUL) for a joint access track has been submitted and is under consideration at this Committee. This proposal intends to remove the need for two separate tracks to serve both wind farms and the need for a lengthy internal access link through the Ogmore Forest to facilitate the Pant-y-Wal scheme. If both wind farm applications and the joint access are approved then each developer would enter into a legal agreement that would preclude them using their individual access tracks. This is the preferred option in the interests of visual amenity, ecology and highway safety and this is reflected in the recommendation of the relevant reports. As it stands therefore the individual access for this proposal is not considered to be acceptable and in view of the joint access track proposal it is not considered necessary to discuss this element of the application in any greater depth as the more detailed appraisal has been included in the report for the joint access track.
However, if members were minded to approve the application and the access as submitted then there will be the need for further conditions relating to the design, use and operation of the access and associated track.
6. TOURISM
The impact of a development on the economy of the area including tourism may be regarded as a material planning consideration. In this case the ES has not identified any adverse impacts and has concluded that the area is not a major tourist destination.
The British Wind Energy Association (BWEA) has produced a report entitled 'The impact of wind farms on the tourist industry in the UK' for the All-Party Parliamentary Group on Tourism in May 2006. The report highlights a number of surveys undertaken with regard to the impact of wind farms on tourism some of which are summarized as follows.
'Investigation into the potential Impact of Wind Farms on Tourism in Wales', for Wales Tourist Board, 2003.
WTB commissioned NFO to carry out a study to establish the impact (both positive and negative) that the existing/proposed/anticipated development of wind farms in Wales (onshore and offshore) is likely to have on tourism in Wales.
General reactions: 78% of all respondents had a neutral or positive view on wind farm development 21% had a negative view 68% would be interested in attending a visitor centre at a wind farm development 68% said it would make no difference to their likelihood to take holidays in the Welsh countryside if the number of wind farms increased. Most respondents were in principle supportive of renewable energy and the development of wind
com_rep Page 35 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 farms in Wales. However, the general view was that wind farms should be very carefully sited and not in areas which were deemed to be particularly sensitive to their development. There were variations in the explanation of what constitutes a 'no-go' area with some organisations more explicit than others in their definition. Nevertheless, there was general consensus that they should be located outside of designated areas (e.g. National parks and Areas of Outstanding Natural Beauty, Sites of Special Scientific Interest) and in areas in which the visual and environmental impacts would be minimised.
'The Impacts of wind Farms on Tourism in Wales', a thesis undertaken for the Wales Tourist Board (WTB) in 2001
Key conclusions: 96% of the respondents would not be put off visiting Wales if more wind farms were to be developed, almost 70% would visit a wind farm if an information centre was built. There is not a large difference in opinion on wind farms between people that have seen a wind farm during their stay and people who have not. Most people believe that their contribution to renewable energy outweighs their impact on the landscape.
Robertson Bell Associates, Taff Ely Residents Survey, December 1997.
It is generally felt by the majority of residents (68%) that the number of people visiting the area has not been affected, but of those who thought there had been some effect, many more say that visitor numbers have increased (15%) than have decreased (1%).
Notwithstanding the above there appears to be a lack of recent empirical evidence that would suggest that a wind farm would have either a negative or positive impact on tourism in an area.
In some appeal cases the Planning Inspector has not considered this aspect as a planning matter. In the Public Inquiry into the Whinash wind Farm in 2005 the Inspector stated:
"Concerns have been expressed about the possible impact of the turbines on tourism; but, despite the construction of wind farms in various parts of the country, there is no cogent evidence to show a resulting reduction in visitor numbers. Indeed, Cornwall and Cumbria have the largest concentration of wind farms of any of the counties in England, yet, in both cases, the numbers of visitors attracted have increased since the turbines were erected ...... It should also be noted that some respondents to the survey undertaken for the Cumbria Tourist Board considered that the wind farm would be an additional attraction."
UDP Part I Policy 10, and Part 2 Policies TM1 and RC10 (12 & 13) promote appropriate rural tourism opportunities and encourage the use of the Cwm Dimbath and Cwm y Fuwch areas for informal recreation purposes respectively. In this respect the upland and forestry areas of the County Borough have many opportunities for tourism and informal recreation that are not currently being fully realised, whereas it is recognised that for a great many people the ability to walk, sit, look at a view, to picnic, or simply visit places as their main enjoyment of the countryside, which can contribute greatly to personal health and well being. The upland areas of the County Borough are also being increasingly used for popular outdoor sports activities such as hang gliding etc. and are a tourism attraction in their own right.
The Group Manager Countryside and Tourism has not offered any adverse observations on the proposals, but comments that "The case for renewable energy in UK is, without doubt, worthy of support. However, this support has to be tempered by balancing the visual impact and resultant impacts on the economy and tourism in a local area." Reference is made to research carried out by Visit Scotland on the effect of wind development on tourism. The report
com_rep Page 36 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 concludes that over three quarters of respondents were either supportive or neutral towards wind farm development. Further to this the Welsh Tourist Board has issued a policy statement (2004) regarding onshore wind as follows:
'The Wales Tourist Board considers the introduction of commercial wind turbines and wind turbine power stations in primary designated areas to be inappropriate unless it can be demonstrated that because of their setting, design and scale, the proposals will have no adverse impact on the landscape.
The Wales Tourist Board will not support proposals for development on sites that are highly visible from designated areas if they are inappropriate in terms of scale, design and setting. Elsewhere, proposals should demonstrate that there will be no detrimental effect on tourism.'
Designated areas are defined as National Parks and Areas of Outstanding Natural Beauty. It should be noted that the policy statement was issued prior to the introduction of TAN 8 and the designation of Strategic Search Areas. In this case (as referred to above) it is not considered that there will be any adverse impact in terms of landscape or visual amenity and the site is not readily visible from any designated areas.
It should also be noted that the adopted UDP Policies 10, TM1, and RC10 (12 & 13) and TM1 are generally 'promotional' in their character; the adopted UDP does not contain a policy, as such, to protect existing rural tourism in the County Borough, whereas Policy RC3 offers protection to existing or proposed formal or informal recreational facilities against development which would adversely affect them. Therefore, it is considered that the proposals are in accord in principle with the adopted UDP Policies quoted above.
7. SHADOW FLICKER
Shadow flicker is a phenomenon that describes the effects of rotating wind turbine blades casting moving shadows that can cause a flickering effect affecting residents living nearby. Shadow flicker occurs when a particular combination of conditions coincide in specific locations at particular times of the day and year. It happens when the sun is low in the sky and shines on a building from behind a turbine rotor. This can cause the shadow of the turbine blades to be cast onto the building, which appears to flick on and off as the turbine rotates. When this flicking shadow is viewed through a narrow opening it is known as shadow flicker.
Shadow flicker only occurs in relative proximity to sites, if a person is stationary in a building, for example, shadow flicker can result in a momentary reduction of the intensity of natural light. If the regular changes in light intensity levels are high, then the shadow flicker may cause a nuisance. The distance between a wind turbine and a potential shadow flicker receptor affects the intensity of the shadows cast by the blades, and therefore the intensity of flickering. Shadows cast close to a turbine will be more intense, distinct and 'focused'. This is because a greater proportion of the sun's disc is intermittently blocked. Similarly, flickering is more intense if created by the area of a blade closer to the root and further from the tip. At a distance of 10 rotor diameters (equivalent to 400 to 800 metres) a person should not perceive a wind turbine to be chopping through sunlight, but rather as an object with the sun behind it. This limits the zone of potential shadow flicker and normally there are no habitable buildings in these zones.
Developers can calculate the extent of this effect using the geometry of the machine and the latitude of the potential site.
A shadow's intensity falls with increasing separation distance non-linearly, and more rapidly at
com_rep Page 37 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 first, while the human response to light levels is also non-linear. For example, during a solar eclipse or at sunset, a large proportion of the sun must be blocked before a perceptible change in light level occurs. This further reduces the perception of shadow flicker.
The ES has concluded that there would be no adverse effect in terms of shadow flicker due to the distance of the properties from the turbines. However, if it is experienced then it would be possible to turn off the offending turbine at appropriate times of the day.
It is not considered therefore that this issue would result in an adverse impact on nearby residential properties
8. ELECTROMAGNETIC INTERFERENCE.
Wind turbines can cause electro-magnetic interference (EMI) in two ways: Interference that 'scatters' signals and can lead to a phenomenon called 'ghosting' on television screens and interference, caused to communications equipment, such as mobile phones.
Where interference to television reception is predicted developers are frequently required to enter into legally binding agreements to rectify any problems. In the majority of cases developers have been able to remove the interference. Interference on communication systems are considered to be negligible as these are more easily avoided by the wind farm design following consultation with the relevant bodies.
In this case the ES has not identified any adverse impacts and has indicated that extensive consultation had been carried out with organisations that may be affected by electromagnetic interference with no objections received. The applicant has confirmed that any problems encountered will be addressed and rectified although any impact on analogue TV signals will be short lived as the UK moves over to a digital service. Whilst wind turbines can also affect digital signals, the absence of any objections from the providers would suggest that this will not be an issue in this area.
9. GEOLOGY, GROUND AND SURFACE WATER
The issue of ground instability has been raised in the objections. Planning Policy Wales, para 13.5.1 indicates that the responsibility for determining the extent and effects of any ground instability or risk rests with the developer. It is therefore for the developer to ensure that the land is suitable for the development proposed. Policy UNS1 of the UDP is also relevant.
In this case the ES indicates that the site lies within the catchment area of the Ogwr Fawr. The site is also underlain by Carboniferous Upper Coal Measures, comprising interbedded sandstone and coal measures. The ES also identifies a number of geological faults within the site including the Ton Fault and the Jubilee Slide. The faults run very close to turbine 5.
The Dyfolog recorded land slip site lies approximately 300m to the west of Evanstown but does not lie within the site itself.
The potential effects of the development are indentified as:
* Geological constraints i.e. the potential for instability associated with previous mining, and the presence of steep slopes and potential for landslip.
* Surface water effects arising from increased run-off during construction of access track and
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* Impacts on sensitive water features including peat bogs.
* Impacts on groundwater and private water supplies
* Impacts on fisheries and watercourses.
In overcoming these concerns the applicant has designed the layout of the turbines in order to minimise potential geological and surface/ ground water effects including a 20m buffer zone around all watercourses. Suitable ground investigation would take place before the commencement of development in order to ascertain the exact condition of the ground.
No adverse observations have been received from the Environment Agency. It is considered therefore that the implementation of specific mitigation measures during the construction phase will ensure that any impacts will be minor and quickly controlled, with no significant negative impact.
10. ARCHAEOLOGY
As part of the EIA a desk based assessment(DBA)and field investigation has been carried out with respect to the archaeological resource within and around the site. An assessment of the effects on the development on any Historic Landscape Areas (HLAs) was carried out. The preservation of an ancient monument is a material consideration in the determination of a planning application as indicated in Chapter 6 of the Planning Policy Wales. Policies EV43 and EV44 of the UDP are also relevant.
The study indicated that there are no designated sites of archaeological importance within the study area. However, two Bronze Age cairns lie within the study area, with a further 12 cairns in the wider locality. The DBA also identified a further 10 features of cultural heritage interest within the study area, including 7 'boundary stones'. Six of those 10 features could not be located during the field survey, and may no longer exist. Although the application site lies outside the boundaries of defined HLAs, there are 8 defined HLAs in the general locality. One of which 'Rhonnda Fawr' lies close to the northern boundary of the application site.
The report concluded that the turbines will have a visual effect on the setting of the two cairns, and on other features (if still present). However, the development would not reduce the value of the historic landscape as there would be no direct impact on the HLAs and any indirect impact would be slight. None of the 12 cultural heritage features identified within the study would be directly affected by the development. The potential for unknown below ground archaeology was considered to be low.
The Glamorgan Gwent Archaeological Trust Ltd (GGAT) concurs with the conclusions of the ES and has not offered any objections to the proposal. However, two conditions are suggested which would ensure that any unknown archaeological features located during the development are fully recorded and would implement protection measures for existing features.
As referred to above an ASIDOHL has been carried out and CADW has not raised any objections to the development in the context of the historic environment. It is not considered that the development raises any other issues in this respect and subject to conditions will not give rise to any adverse impact on any features of archaeological or historic importance.
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11. RADAR AND AIR TRAFFIC CONTROL
Wind turbines may potentially have an impact on aviation activities, typically on radar systems or on low flying. The Ministry of Defence (MoD), Civil Aviation Authority (CAA) and National Air Traffic Services (NATS) have a statutory duty to safeguard certain sites and airspace from radar interference in the interests of national security and for the safe operation of passenger and military aviation - this duty was restated in the 2003 Energy White Paper. The MoD submits holding objections to all wind energy proposals within line of sight of air defence radars, unless the developer can provide evidence that it will have no impact on the radars. Any proposals within tactical training areas are also likely to raise objections. If a site falls within 30 km of a safeguarded aerodrome, the CAA generally devolves responsibility for safeguarding airspace to the aerodrome in question. In this case Cardiff Wales Airport is more than 30km from the edge of the site.
The developers have consulted voluntarily with these bodies before the formal planning application was submitted in order to identify any issues. The MOD and NATS have also been consulted as part of the application and no objections have been raised.
CONCLUSION National policy advocates the provision of wind farms to achieve targets for renewable energy provision, which is an important component of the UK's energy policy. TAN 8 seeks to achieve this by giving guidance on the locations and targets for specific areas. Development Plan Policies also encourage renewable energy production providing any impacts are considered acceptable.
There can be no doubt, that this development will have a visual impact on the landscape, both from local settlements and surrounding areas. However, the fact that the wind turbines will be visible is not, in itself, a reason for refusal and TAN 8 states that land within and adjacent to the SSAs will experience a significant change in landscape character. This proposal (and the neighbouring Pant-y-Wal wind farm scheme submitted under P/06/417/FUL) lies entirely within the boundaries of Strategic Search Area (SSA) F and all 4 turbines are located within the refined SSA as outlined in the ARUP report referred to earlier. The assessment carried out by TACP for the Council has not identified any major concerns in terms of visual or landscape effects. The report has also indicated that there is sufficient capacity in this area although any future proposals within the vicinity of the site will require careful consideration.
Furthermore, there are no highway objections to the proposed individual access track, the upper route of which is similar to that proposed under application P/08/962/FUL for the joint access track.
It is considered that this application together with the Pant-y-Wal scheme and joint access track proposal are acceptable subject to the conditions and clauses set out below. If Members were minded to approve this proposal in isolation to the other applications then additional conditions and changes to the heads of terms of the legal agreements will be required.
The proposal is considered to be in accord with national and local policy and will make a significant contribution to national wind power targets. Any adverse impacts that have been identified will mainly be short term and can be addressed by suitable mitigation measures.
In reaching the recommendation below, the Authority has taken regard to the environmental information submitted within the Environmental Statement, the comments of statutory
com_rep Page 40 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 consultees on the information supplied, and the comments/observations provided by members of the public. In addition, all relevant European directives, legislation and regulations have been taken into consideration.
RECOMMENDATION (A) The applicant enter into a Section 106 Agreement to
(1) To access the Fforch Nest Wind farm solely by the Joint Access (Ref P/08/962/FUL)
(2) Not to implement the construction or use of the access and access track approved under planning application P/06/1080/FUL
(3) Provide a Financial Security to ensure that decommissioning Works are carried following Cessation of Operation of the development.
(4) Minimise and reduce interference that the operation of the wind farm may cause to domestic television reception
(B) The Corporate Director Communities be given plenary powers to issue a decision notice granting consent in respect of this proposal once the applicant has entered into the aforementioned Section 106 Agreement, and subject to the following conditions:-
1 The permission hereby granted shall endure for a period of 25 years from the date when electricity is first exported from a wind turbine within the site to the electricity grid network ('First Export Date'). Written confirmation of the First Export Date shall be provided to the Local Planning Authority within 1 month of the First Export Date.
Reason: In recognition of the expected lifespan of the wind farm and in the interests of safety and amenity once the plant is redundant (Policy U2 & U3 of the UDP).
2 Not later than 12 months before the expiry date of this permission, a decommissioning and site restoration scheme shall be submitted for the written approval of the Local Planning Authority. Such scheme will include the management and timing of works and a traffic management plan to address highways issues during the decommissioning period. Full restoration of the wind farm site shall be completed within 24 months of the expiry date of this permission and the site shall be decommissioned in accordance with the scheme.
Reason: In the interests of visual amenity and landscape protection and in the interests of safety and amenity (Policy U2 & U3of the UDP).
3 If any wind turbine fails to produce electricity to the grid for a continuous period of 12 months and, if so instructed by the Local Planning Authority, the wind turbine and its associated ancillary equipment shall be removed from the site within a period of 6 months from the end of that 12 month period unless otherwise agreed in writing by the Local Planning Authority.
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Reason: In the interests of visual amenity and to ensure that the turbines produce electricity whilst in situ and that they are removed from the land if they cease to function (Policy EV45 of the UDP).
4 No wind turbine shall be erected and no external transformer unit (if any) installed until details of the make, model and external appearance (including colour and surface finish) of the wind turbines and unit transformer housing (if any) have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason: In the interests of visual amenity and landscape protection (Policy EV45 of the UDP)
5 All wind turbines blades shall rotate in a clockwise direction.
Reason: In the interests of visual amenity and landscape protection (Policy EV45 of the UDP)
6 The overall height of the wind turbines shall not exceed 115m to the tips of the turbine blades.
Reason: In the interests of visual amenity and landscape protection (Policy EV45 of the UDP)
7 Notwithstanding any design or colour approved by the Local Planning Authority pursuant to condition 4, all wind turbines shall be of a 3 bladed configuration and shall be of a semi-matt finish and shall not display any prominent name, sign, symbol or logo on any external surfaces unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of visual amenity and landscape protection (Policy EV45 of the UDP)
8 The turbines shall not be illuminated and there shall be no permanent illumination on the site unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of visual amenity and landscape protection (Policy EV45 of the UDP)
9 Subject to the allowance for micro-siting provided in this condition, the turbines shall be erected at the following coordinates:
Turbine 1 295847, 190178 Turbine 4 296117, 191307 Turbine 5 296246, 190829 Turbine 6 296422, 191125
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Variations to the indicated position of any turbine(s) shall be permitted by up to 30 metres in any direction (50m for turbine 5). A plan showing the position of the turbines as built shall be submitted within one month of the First Export Date.
Reason: To comply with the environmental assessments undertaken of the proposed development and to take account of local environmental conditions.
10 All cabling within the site shall be installed underground except where it exits the substation.
Reason: In order to safeguard the amenity of the landscape (Policy EV45 of the UDP)
11 Construction of the sub station shall not commence until details of the dimensions, appearance and external finishes of the building and the fencing and surface finish of the compound have been submitted to and approved in writing by the Local Planning Authority. The development should be constructed in accordance with the approved details.
Reason: In the interests of visual amenity (Policy EV45 of the UDP)
12 No development shall take place until a Construction Traffic Management Plan has been submitted to and agreed in writing by the Local Planning Authority. The Construction Traffic Management Plan shall include proposals for construction vehicle routing, site accesses, the management of junctions to and crossings of the public highway and other public rights of way, the scheduling and timing of movements, details of escorts for abnormal loads, temporary warning signs and banksman/escort details. The approved Construction Traffic Management Plan shall be implemented as agreed in writing by the Local Planning Authority.
Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way.
13 Notwithstanding the provisions of conditions 12 & 28, delivery of turbine and crane components may take place outside the hours specified subject to not less than two working days notice of such traffic movements being given to the Local Planning Authority and such deliveries first being approved in writing by the Local Planning Authority.
Reason: In the interests of highway safety and the free flow of traffic
14 No development shall take place until a Construction Method Statement ('the CMS')has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the construction of the development shall only be carried out in accordance with the approved Construction Method Statement, unless otherwise agreed in writing by the local planning authority. The Construction Method statement shall address the following matters;
* Dust management * Temporary site illumination
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* Details of the phasing of construction works and the construction and surface treatment of all hard surfaces and tracks * Fuel and chemical storage: measures to ensure any fuel or chemicals from plant do not cause pollution * Environmental management: identification of mechanisms to ensure awareness of relevant environmental issues during pre-construction, construction and pre- decommissioning including details of emergency procedures/pollution response plans * Track construction: including the laying of underground cables alongside tracks, materials proposed and track reinstatement * Pollution control: protection of water courses and ground water and soils, bunding of fuel storage areas, sewage disposal and discharge of foul drainage including proposals for off-site water quality monitoring * Exclusion fences: including marking off a buffer zone of at least 20m between the edge of watercourses and any proposed works * Location and details of wheel washing facilities * Cleaning of site entrances and the adjacent public highway and the sheeting of all HGVs taking spoil or construction materials to/from the site to prevent spillage or deposit of any materials on the highway * Details of the proposed temporary site compounds for storage of materials, machinery and operatives parking within the sites clear of the highway, and the restoration of the sites of the compounds within 12 months of the first commercial generation of the wind farm, to include the siting of the temporary buildings and all means of enclosure, oil/ fuel and chemical storage and any proposals for temporary lighting * Details of post-construction restoration/reinstatement of temporary working areas, including seed mixture * Construction noise management plan. The plan shall include identified access routes, locations of material lay-down areas, details of equipment to be employed, operations to be carried out, mitigation measures and scheme of noise monitoring * Vibration control * Details of turning facilities for all vehicles
Reason: In the interests of environmental protection and the minimisation of likely significant environmental effects
15 Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least 110% of the capacity of the tank. If there are multiple tanks, the bunded compound should be at least equivalent to the capacity of the largest tank plus 10%. All filling points, vents, gauges and sight glasses shall be located within the bund. The bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund.
Reason: To prevent pollution of the water environment (Policy EV17 of the UDP).
16 Should contaminated material be observed (visual or olfactory), which has not been previously identified, then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has undertaken a site investigation to determine the nature and extent of the contamination. In the
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event that contamination is confirmed the developer must liaise with the local planning authority on measures required to protect surface water and groundwater interests. This may include undertaking a risk assessment and derivation of appropriate remedial targets.
Reason: To protect the quality of controlled waters in the area (Policy EV17 of the UDP).
17 Nothing other than uncontaminated materials suitable for use shall be tipped on the site.
Reason: To prevent pollution on the water environment (Policy EV17 of the UDP).
18 No development shall take place until a surface water management plan covering water treatment and the means of drainage from all hard surfaces and structures within the site and accesses to the local highway network has been submitted for the written approval of the Local Planning Authority and thereafter implemented. For the purposes of this condition, 'hard surfaces' includes access tracks within the site, the substation compound, temporary construction and laydown areas, turbine pads and crane pads. The details to be submitted shall indicate the means of protecting groundwater and diverting surface water run off.
Reason: In the interests of protecting groundwater resources and preventing pollution (Policy EV17 of the UDP).
19 No development approved by this planning permission shall be commenced until a method statement has been submitted to the local planning authority detailing the pollution prevention measures that would be put in place to minimise impacts on the water environment.
Reason To ensure that the development complies with approved details in the interests of protection of Controlled Waters (Policy EV17 of the UDP).
20 No development shall take place until a scheme for the protection of Rights of Way has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include * measures to prevent flooding on footpaths from the wind farm access track; * measures to make good any damage should flooding ever occur; * details of any fencing proposed along the access track; * the provision of stiles at appropriate locations along any fenced sections of the track. Development shall be carried out in accordance with the approved scheme unless otherwise agreed in writing by the Local Planning Authority.
Reason: to protect the amenity of walkers and other users of the rights of way
21 No barbed wire shall be used along the access track.
Reason: to protect the amenity of walkers and other users of the rights of way
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22 No development shall take place until, a scheme for the Waymarking of alternative routes within the wind farm has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented as approved.
Reason: to protect the amenity of walkers and other users of the rights of way
23 No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work 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 any features of archaeological interest discovered during the works, in order to mitigate the impact of the works on the archaeological resource (Policy EV44 of the UDP).
24 No development shall take place until all archaeological sites identified as being in the development area in the environmental statement have been fenced to a standard agreed with the local planning authority. Throughout the development no works will be undertaken within the area surrounded by the fencing without the written consent of the local planning authority.
Reason: In order to ensure that accidental damage is not caused to the archaeological sites (Policy EV44 of the UDP).
25 No development shall take place until the monuments in the application site have been fenced to a standard agreed with the Local Planning Authority. Throughout the development no works will be undertaken within the area surrounded by the fencing without the written consent of the Local Planning Authority.
Reason: in order to ensure that accidental damage is not caused to the monuments (Policy EV44 of the UDP).
26 No development shall take place until a scheme for the replanting of any hedgerows or boundary planting removed for the proposed access during construction has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented as approved. Development shall be carried out in accordance with the details.
Reason: For the protection of nature conservation interests and in the interests of visual amenity (Policies EV20 of the UDP).
27 No development shall take place until a landscape and ecological management, mitigation and monitoring plan has been submitted to and approved in writing by the local planning authority. The plan shall be implemented in accordance with the details and programs approved.
Reason To protect and encourage habitats in the interests of biodiversity and visual amenity (Policies EV20 of the UDP).
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28 Construction work shall only take place between the hours of 07:00 - 19:00 on Monday to Friday inclusive, 07:00 - 13:00 hours on Saturdays with no such working on a Sunday or local or national public holiday. Outside these hours, development at the site shall be limited to emergency works and dust suppression, unless otherwise approved in writing by the Local Planning Authority. The receipt of any materials or equipment for the construction of the site, other than turbine blades, nacelles, and towers, is not permitted outside the said hours, unless otherwise approved in writing by the Local Planning Authority having been given a minimum of two working days notice of the occurrence of the proposed event.
Reason: In the interests of the amenities of the area.
(Policy EV45 of the UDP)
29 The rating level of noise immissions from the combined effects of the wind turbines (including the application of any tonal penalty), when calculated in accordance with the attached Guidance Notes, shall not exceed the values set out in the attached Tables. Each of these values shall apply to all of the properties falling within the respective areas shown on the attached plan unless otherwise agreed with the local planning authority. Noise limits for any property which lawfully exists at the date of this consent but which is not covered by any of the areas shown on the plan attached shall be those of the nearest area shown on the plan unless otherwise agreed with the Local Planning Authority.
Reason: In the interests of the amenities of the area (Policy EV27 of the UDP).
30 At the request of the Local Planning Authority, following a complaint to it about noise immissions from the wind farm, the operator of the wind farm shall, if required shut down the turbines and at its expense, employ a consultant approved by the Local Planning Authority, to measure, assess and report to the Local Planning Authority the level of noise immissions from the wind farm at the property to which the complaint relates(the 'complainant's property') following the procedures described in the attached Guidance Notes.
Reason: In the interests of the amenities of the area (Policy EV27 of the UDP.
31 Wind speed, wind direction and power generation data for each wind turbine shall be continuously logged and provided to the Local Planning Authority at its request and in accordance with the attached Guidance Notes within 28 days of such request.
Reason: In the interests of the amenities of the area (Policy EV27 of the UDP).
32 Notwithstanding the provisions of conditions 29-31, the wind farm operator shall undertake measurements of noise levels using an appropriately qualified noise consultant during the first year of the operation of the wind turbines in a scheme to be agreed by the Local Planning Authority to demonstrate that compliance with the noise levels in condition 29 are being met. The data produced in accordance with the scheme shall be forwarded to the Local Planning Authority within 28 days of the measurements being undertaken.
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Reason: In the interests of the amenities of the area (Policy EV27 of the UDP).
33 Prior to the commencement of construction of any turbine, a scheme shall be submitted to and approved in writing by the Local Planning Authority to alleviate any shadow flicker at any residential property. The scheme shall be implemented as approved.
Reason: In the interests of the amenities of the area.
* THE FOLLOWING ARE ADVISORY NOTES NOT CONDITIONS
The proposal is recommended for approval as it is considered to be in accord with national and local policy and will make a significant contribution to national wind power targets. Any adverse impacts that have been identified will mainly be short term and can be addressed by suitable mitigation measures.
In reaching this recommendation the Local Planning Authority has taken regard to the environmental information submitted within the Environmental Statement, the comments of statutory consultees on the information supplied, and the comments/observations provided by members of the public. In addition, all relevant European directives, legislation and regulations have been taken into consideration.
The notes, table and plan to be read in conjunction with conditions 29-31 further explain these conditions and specify the methods to be deployed in the assessment of complaints about noise immissions from the wind farm and are attached as separate appendix to this decision notice.
The developers attention is drawn to the comments from CCW dated the 30th June 2009 (A copy of which is available via the planning applications search page on the Council's website) with regard to the siting of the turbines in relation to bat foraging areas and general considerations regarding the operation of the site and the presence of bats. No turbines should be sited within 50m of the Ogwr Fach stream or edge of the conifer plantation. The developer is also advised to incorporate these recommendations in the landscape and ecological mitigation and monitoring plan required under condition 27 and to discuss the contents and scope with the local planning authority and CCW prior to submission.
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ITEM: 2 RECOMMENDATION : SECTION 106 REFERENCE: P/08/962/FUL
APPLICANT: NPOWER & PENNANT WALTERS LTD PER WHITE YOUNG GREEN C/O MR PAUL VINING 21 PARK PLACE CARDIFF CF10 3DQ
LOCATION: LAND NORTH A4093 BWTN GLYNOGWR & MYNYDD MAESTEG BRIDGEND
PROPOSAL: CONSTRUCTION OF ACCESS TRACK TO SERVE PROPOSED PANTYWAL & FFORCH NEST WIND FARMS
RECEIVED: 21st October 2008
TOWN/COMMUNITY COUNCIL OBSERVATIONS Notified on 24th October 2008 Concerns raised regarding the capacity of local roads to cope with extra traffic as a result of the development.
APPLICATION/SITE DESCRIPTION The application seeks full planning permission for the construction of a joint access track to serve the two wind farm developments Pant y Wal (P/06/417/FUL) and Fforch Nest (P/06/1080/FUL) on Mynydd Maesteg, which are also under consideration at this committee. Both applicants have indicated their intentions to abandon their individual access tracks and use the joint track provided both wind farms and this application are approved.
The application site adjoins and is located immediately north of the A4093 road from Blackmill to Tonyrefail, close to the settlement of Glynogwr and approximately 10 km to the north-east of Bridgend. The site comprises a strip of land, which extends northwards from the A4093 for a distance of approximately 4.6 km. The site extends in total to approximately 18.511 hectares of land rising from approximately 194m AOD at its junction with the A4093 to approximately 430m AOD at its northern end where it joins the wind farm sites.
The construction of the joint access track will take up to six months. Following construction, the track will be used for the delivery of construction materials for both of the proposed wind farms. Including the large turbine components which will be transported on specialized low-loader lorries. After construction of the wind farms, and during their operational phase, for a period of up to 25 years, monthly routine inspection and maintenance visits will require access via a Land Rover-type vehicle, with the occasional need for access by larger vehicles. At the end of this period when the wind farms are being decommissioned, the components and materials that are to be removed from the site will be transported along the joint access track. The joint access track now proposed will remove the necessity to use the long track through the Ogmore Forest, which is an integral part of the proposals for the Pant-y-Wal Wind Farm. In addition, the use of a joint access track will reduce the overall length of tracks otherwise required to serve both wind farms and, consequentially, will reduce the volume of materials to be used in access track
com_rep Page 49 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 construction. It will also facilitate the use of a shared, temporary contractors' compound.
The proposed works comprise:
* The construction of a new junction on the A4093 * The construction of an access track from the A4093 to the wind farms * Landscaping of the embankments, cuttings and verges to the track * Treatment of crossing points * The provision of a temporary contractors' compound.
The new highway access and 'T' junction will be formed approximately 100m east of a dwelling, Ty Capel at the eastern end of Glynogwr. This access point will be formed by creating an opening in the existing field boundary and constructing a bellmouth junction. The junction will be laid out with a 25m kerb radius on the western side and a 10m kerb radius on the eastern side, the former catering for the large vehicles that will be used to deliver turbine components. The maximum junction width along the A4093 will be 55m, narrowing to 8m at a point approximately 40m into the site and reducing thereafter to 5m with passing bays. Vision splays of 4.5 x 90m will be provided to either side of the junction. The bellmouth will be of heavy duty industrial type construction, in accordance with the highway authority's adoptable standards. On completion of the bellmouth construction, two field gates will be erected to ensure site security and to allow for operational access to the proposed wind farms.
The junction will be fenced on either side as far as the gateway, to prevent it being used as a layby. Within the site the access track will be 5m wide, with occasional passing bays to accommodate construction and delivery vehicles. However, the track varies in width, according to the nature of the engineering works that are proposed and the width of track needed. Near its southern end, the site widens to the east to accommodate the proposed contractors' compound. In addition to this, at its junction with the A4093, the site includes land on either side to accommodate suitable visibility splays. No severe bends are indicated along the length of the access track and the alignment and vertical and horizontal dimensions have been designed to accommodate the type of vehicles that will be used to transport the large turbine components to the site. The track profile has been designed to balance cut and fill, and the submitted details indicate that there will be no necessity to remove any excavated materials from the site. The track will be constructed from locally sourced road stone material. At the southern end of the access track, provision will be made for a shared temporary contractors' site compound, which will accommodate contractors' plant and vehicles and will act as a security point during the construction of the wind farms.
Following the engineering works, in the lowland grazing area all embankments, cuttings and verges will be seeded using an appropriate agricultural grass mix. In the upland grazing area, these areas will be allowed to regenerate naturally. It is proposed to repair any stone walls in poor condition, within or close to the track, and plant up hedgerows in order to improve their condition.
At seven locations throughout its length, the access track will cross existing public rights of way. In these locations, stiles will be formed and bridleway gates erected. Disruption to users of these rights of way will be minimised by site signage, advance notification and by ensuring safe routes are provided.
The applicants have indicated in the Environmental Statement that they have considered alternative ways of accessing the proposed wind farms and have concluded that, given the large size of the turbine components to be delivered to the site, the access should be from the A4093, rather than from the A4061 i.e. the Blackmill to Nanty-Moel road or from the A4119 i.e.
com_rep Page 50 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 the Tonyrefail to Tonypandy road. Detailed consideration was given to the point of access from the A4093 and in their original submissions, each developer proposed different access routes, either side of Glynogwr. Following discussion with Council officers it was indicated that on highway engineering grounds, the access to the east of Glynogwr was preferred.
The land within and adjoining the site is in agricultural use and is used principally for the grazing of stock. The site is not located in an area of restraint such as a National Park, Area of Outstanding Natural Beauty, Heritage Coast or designated conservation area. It does not include any statutorily protected features, such as scheduled ancient monuments and listed buildings, or any sites of national importance for nature conservation, such as Sites of Special Scientific Interest. At a local level, the site is located within a Special Landscape Area. For much of its length, the site runs alongside a bridleway (Bridleway No. 4), which leads northwards from Glynogwr to Mynydd Maesteg.
The Town & Country Planning (Environmental Impact Assessment) (England & Wales) Regulations 1999 implement EC Directive 85/337 on the assessment of the effects of certain developments on the environment. The regulations set out procedures to be followed before any grant of planning consent as part of an environmental impact assessment (EIA). Wind farms fall within Schedule 2 of the regulations and Circular 15/99 suggests that any development comprising five or more turbines or over 5MW capacity will likely require EIA. Although this application is a separate proposal for a joint access track and does not include any turbines, it does from an integral part of the overall Pant-y-Wal and Fforch Nest wind farm proposals and does raise some visual and landscape issues. As the applicant has submitted an environmental statement (ES) with the application, which sets out the results of the EIA undertaken to consider the environmental effects of the proposal.
The ES contains chapters on landscape and visual effects, ecology, land use, noise, transportation and safety, geology and hydrogeology and archaeology.
RELEVANT HISTORY
P/06/1080/FUL 4 WIND TURBINES, SUB-STATION, TRACKS, MASTS & ACCESS OFF A4093
NO DECISION TO DATE
P/06/417/FUL WIND FARM COMPRISING 10 TURBINES NO DECISION TO DATE
PUBLICITY The application has been advertised in the press and on site. Neighbours have been notified of the receipt of the application. The application was advertised on site and in the local press. The period allowed for response to consultations/publicity expired on the 17th December 2008.
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NEGOTIATIONS Planning applications for the Pant-y-Wal and Fforch Nest wind farms were submitted in March and August 2006 respectively (applications P/06/417/FUL & P/06/1080/FUL refer).
Both schemes proposed individual access tracks with new junctions to the west and east of Glynogwr. It was also apparent that the two proposals were not entirely compatible as the schemes involved the siting turbines of differing heights within close proximity to one another.
In 2007, joint meetings with the both developers and Council officers were undertaken and following lengthy discussions in October, 2008, revised and "harmonised" schemes were submitted by both developers along with this separate application for a joint access track. The amended version of both wind farm schemes are also being considered at this committee. Both applicants have indicated their intentions to abandon their individual access tracks and use the joint track provided both wind farms and this application are approved.
Following the Development Control Committee site visit on the 1st July 2009, further information including cross-sections indicating the access track in relation to Cae Rosser Isaf has been submitted.
CONSULTATION RESPONSES
Councillor R Shepherd The application should be referred to the Committee for the following material planning consideration.
The likelihood of serious traffic problems along unsuitable roads.
Councillor D N W Jones Application should be referred to the Committee for the following material planning consideration
Will lead to heavy traffic problems
Head Of Street Scene (Highways) No highway objections subject to conditions Conservation & Environment Policy No ecological objections subject to conditions regarding an ecological management plan
Head Of Street Scene (Drainage) No objections Environment Agency Wales No objections subject to conditions Countryside Council For Wales No objection subject to suitable mitigation South Wales Police (Traffic Management) No reply received Glamorgan Gwent Archaeological Trust No objections subject to conditions
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Rhondda Cynon Taff Borough No objections subject to a condition relating to traffic movements and times. Rights Of Way Officer No objections Group Manager Regeneration No objections raised
REPRESENTATIONS RECEIVED
The Following Representations Have Been Received:-, . The total number of objection letters received is 238. These can be broken down as follows.
Non-standard Responses: 13
Standard Letter: 180
Further Standard Letter: 45 (see below)
The total number of letters in support of the developed received is 7.
The standard letter comprised of a series 16 tick boxes and room for additional comments. The same letter was used for the Fforch Nest proposal (P/06/1080/FUL) Pant-y-Wal (P/06/417/FUL) and the joint access track (P/08/962/FUL). An example is attached at Appendix B.
The standard objection letter referred primarily to the wind farm developments and does not specifically raise any issues relevant to the access track other than point 6 which states:
"The construction of the Wind Factories will result in hugely increased heavy traffic going past schools (Hendreforgan and Bryncethin) and houses. This will cause congestion, an increase in road accidents, delays in emergency service response times and interruption of bus services."
The other issues raised in the letter have been addressed in some detail in the wind farm applications also reported to this Committee.
A list of 34 names and addresses under the title "list of members of the community of Gilfach Goch who oppose the application to build a joint access track".
A letter was also received from Berry Smith Solicitors on behalf of Mr & Mrs Cole of Cae Rosser Isaf, reiterating their previous objections and raising the following further issues.
Insufficient detail in the ES regarding the choice of route and the impact on residential amenity, inconsistency in the ES regarding the length of the track and construction phases, noise and vibration and the need for and scope of the environmental assessment. Also concerns raised that Cae Rosser Isaf had not been taken into account as part of the EIA and that the JAT could be used to gain access to other wind farm developments in the future.
The content of this letter also appears to have been 'copied' into a number of other standard representations received from residents of Glynogwr.
Representations against the application were also received from Huw Iranca Davies MP, and Janice Gregory AM.
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An email was received from Mr. F. Jenkins regarding the provision of wheel washing facilities and the adequacy of the water supply.
The non standard objections include comments made from residents in Glynogwr in particular the occupant of Cae Rosser Isaf, a residential dwelling situated in close proximity to the route of the access track. The issues raised are summarised as follows:-
Impact on landscape protection area, highway safety considerations, biodiversity/ecology, increase in crime, joy riders, drug dealers, vehicle thefts, fly tipping and illegal dumping, illegal access by travellers or squatters, detrimental effect on house prices, tourism and business and impact on residential amenity and human receptors given the proximity of the access track to residential properties.
Further representations have been made in respect of the track being used to gain access to future wind farm development, uncertainty of the proximity of the access track to Cae Rosser Isaf and property blight.
THE FOLLOWING COMMENTS HAVE ALSO BEEN SUBMITTED IN SUPPORT OF THE APPLICATION:
Progress needs to be making progress towards renewable energy targets, development is supported by policy, wind farms are necessary, access track will also benefit local farms in stock management, tracks would eventually grass over, objections submitted are not representative of public opinion, NIMBYism, any disadvantages of this energy source are outweighed by global benefits.
A letter of support has also been received from Pontypridd Friends of the Earth
A letter was received from Mr. G Williams of Cae Rosser Farm following the publication of an article in the Glamorgan Gazette regarding the joint access track. Mr. Williams has indicated that the existing access to the farm is inadequate and that there are already regular deliveries of animal feed and fuel (20 tonnes plus) to the farm, which currently uses the existing track located directly adjacent the boundary of Cae Rosser Isaf.
COMMENTS ON REPRESENTATIONS RECEIVED Most of the issues raised in the standard letters of objection in relation to the wind farm development have already been addressed in some detail as part of the respective wind farm applications.
With regard to the issues of highway safety and transportation, no highway objection has been received from the Head of Street Scene subject to conditions. The movement of abnormal loads is not covered under planning legislation and will require a separate traffic management plan. It is not considered that the proposal will give rise to any long term adverse impacts on matters of congestion, emergency service response times and bus services. The issue of transportation is discussed in greater detail in the appraisal section.
The impact of the wind farm developments on the landscape and visual amenity in general has been addressed in the relevant appraisal sections. The access track must also be assessed in the context of the larger development and it is not considered that there will be any adverse long term effects on the landscape.
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The ecological impacts of the scheme have been addressed in the ES and suitable mitigation measures suggested. No objections have been received from the County Borough Ecologist or the Countryside Council for Wales (CCW).
There is no evidence that the development will give rise to any issues of crime or encourage illegal travellers or squatters. However, planning conditions will be attached to the consent to ensure that the access track is kept secure at all times.
The effect of the development on house prices is not considered material to this application.
There is no evidence to suggest that the development will adversely affect any business interests or tourism.
The impact of the track on residential amenity is a material consideration. The ES acknowledges that there will be increased disruption during the construction of the track, the construction and decommissioning of the wind farms. These effects are relatively short term and can be mitigated by a traffic management plan and in the long term additional landscaping and planting.
The use of the track to access other wind farm developments is not a material consideration in this application.
Further details have been submitted plans indicating that the distance between the access track and boundary of Cae Rosser Isaf is approximately 47.5m.
The issue of property blight is not a material planning consideration in this application unlike some of the other issues identified earlier in this section.
It is considered that the ES is sufficiently detailed and accurate for the purposes of determining the planning application. Although in some chapters reference is made to Cae Rosser as opposed to Cae Rosser Isaf, these are two distinct yet adjoining properties. This is also acknowledged in para 4.3.13 of the ES. The noise chapter in particular makes reference only to Cae Rosser however, due to the close proximity of these two dwellings any impact will be identical for both properties and it is not considered that either dwelling has been prejudiced. The noise monitoring location was approximately 150m away from Cae Rosser Isaf although it is not considered that the background levels will vary significantly at these two locations.
No objections with regard to noise have been raised by the Group Manager Public Protection.
APPRAISAL Members visited the site on the 1st July 2009 and viewed the access from the junction with the A4093 and along the route of the track close to Cae Rosser Isaf.
The proposal is for a joint access track to serve two wind farm developments i.e. Pant-y-Wal and Fforch Nest both of which are being considered at this Committee.
The relevant national and local policy context concerning the wind farm development has been discussed in some detail in the individual appraisal sections of each report. The reports conclude that the wind farms do not conflict with adopted UDP policies and are in line with national policy as contained within Planning Policy Wales and Technical Advice Note 8 (TAN 8). The joint access track (JAT) should also be considered in this context and must be seen as
com_rep Page 55 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 part of the wind farm proposal albeit submitted as a separate proposal. It should be noted that the track itself is outside Strategic Search Area F (SSA F) as defined in TAN 8 although it is also an essential ancillary component to the two wind farm developments. It is not considered therefore that the JAT proposal is at odds with national or local policy.
The landscape and visual aspects of the two wind farm developments have also been covered in detail in the individual reports including their respective access tracks although the JAT will raise other landscape and visual issues. The JAT by its nature will be an obvious feature in the landscape and some visual impact is expected due to the length of the proposed track as it ascends the higher ground between the access and the wind farm site. It must also be viewed against the backdrop of the two wind farm developments.
The ES has also identified a number of mitigation measures including the reinstatement of boundary walls and hedgerows following completion of the construction phase.
The construction phase both of the access track and subsequent wind farm development will involve an increased element of disruption and associated landscape change. Following completion of the construction phase of the track and the subsequent construction of the wind farms the proposed mitigation measures will ensure that the development will not appear as an incongruous element in this predominantly rural area. This will be reinforced during the operational phase of the wind farms when the track will be in limited use. The decommissioning phase will involve once again the increased use of the track in order to remove the various components and materials. However, this must also be seen as an integral part of the wind farm development. TAN 8 acknowledges and accepts that there will inevitably be both individual and cumulative landscape change and visual effects in the Strategic Search Areas (SSAs). The SSAs have been identified as being those areas which are most able to accommodate such impacts, compared to other areas of Wales. The identified visual and landscape effects albeit on the edge of the SSA in the case of the JAT must be considered in this context and it is not considered that this proposal raises any adverse issues in terms of landscape or visual amenity.
The construction phase of the access track will take approximately six months and will require the importation of road stone for the JAT as well as the other access tracks within each site. This amounts to approximately 10.017km of new access tracks in total although the ES suggests a 10% addition to this length to account for the construction of passing places. This equates to a possible working length of 11.018km of access track with an approximate requirement of 29,749 tonnes, based on a 5m wide track with a depth of 0.3m.
The wind farm construction programme has been estimated at 16 months with HGV deliveries occurring during the first 12 months.
The main transportation impacts will be associated with the movement of commercial HGVs to and from the site. The ES has estimated the traffic generations associated with the construction phases of the project based on assumptions made with regard to the following activities:
* Stone extraction, access track construction, site compound, etc; * Delivery of road stone for construction of access tracks; * Delivery of road stone for areas of crane operation; * Delivery of road stone for compound base areas; * Delivery of road stone for substation base area; * Delivery of culvert materials; * Delivery of geogrid material for the construction of 'floating' access tracks; * Delivery of transformer and substation equipment;
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* Delivery of cable used to connect the turbines; * Delivery of sand to backfill cable trenches; * Ready-mix concrete delivered to the site for construction of the turbine bases; * Formwork and reinforcing steel delivered to the site for construction of the turbine bases; * Delivery of turbine base rings; * Delivery and removal of mobile cranes used to erect the turbines; and * Delivery of the turbine equipment. * Removal of plant and equipment
This equates to a total of 8714 vehicle movements during the construction phase and assumes a worst case scenario (where all construction material is sourced off-site). Once complete the track will be occasionally used by smaller service and maintenance vehicles and by adjoining land owners as access to agricultural land.
The construction of the track will take 6 months with the wind farm construction taking a further 16 months. HGV movements will largely occur during the first 12 months. Given the possibility of delays due to weather and co-ordinating turbine delivery it is reasonable to predict a 2 year total construction window. A higher level of HGV activity particularly with regard to concrete pouring for the turbine bases will take place during months 9, 10 and 11 and this could amount to 127 HGV movements per day. The delivery of turbine components will take place during months 9,10 and 12 and will take 21 days (1 day per turbine) with each turbine requiring 11 vehicles with a total of 462 vehicle movements.
The proposed joint access is located off the A4093 to the east of Glynogwr with construction traffic approaching the site from both the East (via M4 Jct 36) and West (via M4 Jct 34) although the larger vehicles associated with the delivery of turbines and tower structures would be via M4 Jct 36 and along the A4061 turning right in Blackmill and then along the A4093. In relation to construction traffic these vehicles would be using the highway and it is not likely that these movements throughout the working day would be material given the existing vehicle type and flows on the highway network.
The A4061 & A4093 are the main road links between Bridgend, the M4 corridor and the Rhondda Valleys, and carry high volumes of all types of traffic including large goods vehicles at all times of the day. There are no Traffic orders on either road preventing them from being used by any lawfully sized vehicle. The signalisation of the junction of the A4061 & A4093 at Blackmill has been designed and implemented with stop lines and signal heads set back sufficiently to allow movements of all vehicles that can lawfully use the highway without the prior approval of the police as an abnormal load.
With regard to the vehicles needed to transport the wind turbine components to site the it should be noted that the transportation of all abnormal loads have to be authorised by the local police and as such the Haulage Contractor is required to submit a route and schedule of movements to South Wales Police who will then agree what type of escort is required for each load. It should also be noted that the Police no longer routinely escort abnormal loads, but if it is considered that the load will cause severe traffic problems or that the loads are too large to move without a police escort, then the Police will normally arrange escorts which have to be paid for by the Haulier and the times and days that they move agreed. Any works to highway structures within the existing adopted highway boundary will be agreed with the Highway Authority.
The issue of emergency vehicle provision is not normally a material planning consideration although it should be noted that large load movements are a part of Roads Policing which South Wales Police and their Abnormal Loads Officer are well rehearsed in and any movement
com_rep Page 57 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 plans will be fully discussed and investigated before the large load movements commence with suitable liaison with the emergency control room and other emergency services to prevent unnecessary delays to emergency vehicles.
The ES suggests that the predicted increases in traffic are such that there is unlikely to be a significant impact on pedestrian perception of traffic (fear and intimidation). The level of pedestrian activity is also relatively low and the proposed routes are already subject to regular HGV flows. In this case, the existing accident rate for the assessed 8.6 km section of the A4093 has been demonstrated to be lower than the national average for roads of this type.
Despite the fact that some small local delays may occur, the local highway network is not considered to be at capacity and traffic movements could be managed to avoid conflicting with the peak hours of background traffic. Changes in volume, composition or speed of traffic may affect the ability of people to cross roads. In general terms, increases in traffic levels are likely to lead to greater increases in delay for pedestrian journeys. Whilst some delay to pedestrians may occur due to increased traffic levels, this is not considered to be significant as pedestrian activity throughout the majority of the route is relatively low. The exception to this is during the start and finish times at the nearby Hendreforgan Primary School, on the A4093 near Gilfach Goch, where levels of pedestrian activity will be higher than normal for these short periods.
As part of any consent a Traffic Management Plan would be prepared to addresses any concerns regarding road safety to avoid conflicting with busy periods or areas. This could extend to disturbance and other effects caused by construction traffic through the construction phase. However, Members are made aware that the access track will serve two separate wind farm schemes with two different funding mechanisms and possibly employing different contractors. Any traffic management plan must therefore seek to avoid any potential conflicts between the individual developers whilst not unnecessarily extending the overall construction phase of the wind farm or conflicting with the aims of any other mitigation proposals.
No highway objection has been received from the Head of Street Scene and it is considered that requiring all mitigation measures to be satisfied, any subsequent effects of the proposals on the surrounding highway network will be of an acceptable level. In light of the above conclusions and those of the ES, the overall traffic impact associated with the proposed joint access track is considered to be minimal.
The closest residential properties to the access track are Chapel House on the A4093, which lies directly adjacent to the proposed access splay and Cae Rosser and Cae Rosser Isaf. These properties are located approximately 47m from the edge of the track at the closest point and will undoubtedly experience some loss of residential amenity during the construction of the track and the construction and decommissioning of the wind farms. In particular this will relate to the noise and disturbance associated with the road construction and HGVs and concrete mixer lorries gaining access to the wind farm site. As described above these effects will be relatively short term (compared with the 25 year duration of the wind farms) with concentrated activity taking place over a period of 4 months during the 2 year construction period.
Concerns have been expressed by the occupants of Cae Rosser Isaf concerning noise and vibration due to the proximity of the access track. It should be noted that the individual access track in connection with the proposed Pant-y-Wal wind farm scheme lies on higher land some distance to the north of Cae Rosser Isaf. The applicant has confirmed that the route of the JAT represents an improvement in visual and ecological terms although its alignment brings it closer to the residential properties. Cross-sectional plans submitted in support indicate that there will be a distance of 47.5m from edge of the access track to Cae Rosser Isaf. Due to the topography of the landscape and the cutting operations necessary, the track will be lower than
com_rep Page 58 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 the floor level of the dwelling. This together with other mitigation measures including an attenuation and screening fence and planting will ensure that there will be little impact on the visual amenity at this property.
With regards to noise, monitoring of background levels has taken place in Glynogwr and mid way between Cae Rosser Isaf and Pantycornant. The ES indicates that there will not be any perceptible change in the existing background ambient noise level of 48 dB except during the periods when concrete mixer lorries will be using the track where the level rises to 59 dB. No adverse observations have been received from the Head of Public Protection in terms of noise and although this is a significant increase, it is within acceptable limits. Also the length of time this increase is likely to occur must also be taken into account and the short term duration of increased noise levels is not so significant to warrant the refusal of this application. Nevertheless a condition can be added to ensure that regular noise monitoring takes place and that the limit be set to 59 dB.
Further concerns have been raised regarding the potential impact of vibration from HGVs using the access track on Cae Rosser Isaf. This is a relatively new property granted planning consent in 1991. It is reasonable therefore to assume that the foundations have been constructed to modern building standards and the distance from the access track and the short term nature of its concentrated use will not give rise to any adverse issues in terms of vibration. Further to this the owner of Cae Rosser Farm has indicated that the existing access track to the farm buildings, which runs directly adjacent to Cae Rosser Isaf (the original vehicular access to Cae Rosser and Cae Rosser Isaf), is regularly used by HGVs delivering fuel and feed and there has been indication of any problems associated with vibration.
Suitable mitigation by way a management plan controlling vehicle movements and times can also reduce the overall impact of the development. It is not considered that there will be any other long term residential amenity impacts on the properties.
Other material considerations such as ecology, land use, geology & hydrogeology and archaeology are adequately addressed in the ES and any issues arising can be controlled and mitigated by suitable planning conditions and or management plans.
CONCLUSION National policy advocates the provision of wind farms to achieve targets for renewable energy provision, which is an important component of the UK's energy policy. TAN 8 seeks to achieve this by giving guidance on the locations and targets for specific areas. Development Plan Policies also encourage renewable energy production providing any impacts are considered acceptable.
There is little doubt, that this development will have a visual impact on the landscape, both from local settlements and surrounding areas. However, the fact that the track will be visible is not, in itself, a reason for refusal and TAN 8 states that land within and adjacent to the SSAs will experience a significant change in landscape character. Both wind farm sites lie entirely within the boundaries of Strategic Search Area (SSA) F and although part of the joint access track is outside this area it forms an integral part of the Pant-y-Wal and Fforch Nest Wind Farm proposals and has to be considered in this context. The assessment carried out by TACP has not identified any major concerns in terms of visual or landscape effects and welcomes the joint approach to gaining access to the two wind farms. This is echoed in the comments from the Countryside Council for Wales.
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Any disruption to residential amenity will be relatively short term and is not considered so significant as to warrant refusal.
As such the proposal is considered to be in accord with national and local policy and will in conjunction with the wind farm development make a significant contribution to national wind power targets. Any adverse impacts that have been identified will mainly be short term and can be addressed by suitable mitigation measures.
In reaching the recommendation below, the Authority has taken regard to the environmental information submitted within the Environmental Statement, the comments of statutory consultees on the information supplied, and the comments/observations provided by members of the public. In addition, all relevant European directives, legislation and regulations have been taken into consideration.
RECOMMENDATION (A) The applicant enter into a Section 106 Agreement to
(1) Access the Pant-y-Wal and Fforch Nest Wind farms solely by the Joint Access Track
(2) Not to implement the construction or use of the access and access track approved under planning applications P/06/417/FUL and P/06/1080/FUL
(3) Provide a detailed joint construction programme and timescale for the construction of the track and the Pant-y-Wal and Fforch Nest wind farms
(4) The construction window of the joint access track and the Pant-y-Wal and Fforch Nest wind farms shall not exceed 2 years from the date of commencement of development on the joint access track.
(B) The Corporate Director Communities be given plenary powers to issue a decision notice granting consent in respect of this proposal once the applicant has entered into the aforementioned Section 106 Agreement, and subject to the following conditions:-
1 Not later than 12 months before the cessation of the operation of the Pant-y-Wal and Fforch Nest wind farms, a site restoration scheme shall be submitted to and approved in writing by the Local Planning Authority. Such a scheme will include the management and timing of works and a traffic management plan to address highways issues during the decommissioning period.
Reason: In the interests of visual amenity and landscape protection and in the interests of safety and amenity (Policy U2 & U3 of the UDP).
2 No development shall take place until the proposed means of access onto the A4093 to the east of Glynogwr village has been laid out with a minimum 15m radius kerbing on the eastern side of the access and western kerbline as detailed on drawing JAT.05 and shall be completed in permanent materials for a distance of no less than 20m from the edge of the classified route A4093.
Reason: In the interests of highway safety (Policy T2 of the UDP).
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3 No development shall take place until the proposed means of access onto the A4093 to the east of Glynogwr village has been laid out with vision splays of 2.4m x 90m in both directions as detailed on drawing JAT.05.
Reason: In the interests of highway safety (Policy T2 of the UDP).
4 No development shall commence until a scheme of road markings detailing the edge of carriageway across the junction bell mouth has been submitted to and agreed in writing by the Local Planning Authority. The approved scheme shall be completed in permanent materials in accordance with the approved layout prior to the approved development being brought into beneficial use.
Reason: In the interests of highway safety (Policy T2 of the UDP).
5 No development shall take place until a scheme has been submitted to and approved in writing by the Local Planning Authority showing a temporary 30mph restriction in speed limit on route A4093 from the existing 30 mph speed limit in Glynogwr village in the west to the Common County Borough Boundary with Rhondda Cynon Taf in the east. Such a scheme shall include all appropriate signing and carriageway markings and shall be fully implemented before works on the access commences and shall be, maintained during the construction phase of the access and removed at a point in time to be approved by the Local Planning Authority.
Reason: In the interests of highway safety (Policy T2 of the UDP).
6 No development shall commence on site until a scheme for the proposed crossing of the maintainable access to Pantycornant Farm has been submitted to and approved in writing by the local planning authority. The approved scheme shall incorporate 2.4m x 33m vision splays, gates on either side of the maintainable access set back a minimum of 5m from the edge of carriageway and an apron of permanent materials no less than 15m in length on either side of the access together with suitable warning signs. Such a scheme shall be implemented prior to commencement of any works north of the crossing.
Reason: In the interests of highway safety (Policy T2 of the UDP).
7 No structure, erection or planting exceeding 0.9 metres in height above adjacent carriageway level shall be placed within the required vision splay areas.
Reason In the interests of highway safety (Policy T2 of the UDP).
8 No development shall take place until a scheme for the provision of a compound and car park for construction vehicles has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to commencement of works on site and maintained for the duration of the construction works.
Reason: In the interests of highway safety (Policy T2 of the UDP).
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9 No development shall take place until a scheme has been submitted to and approved in writing by the Local Planning Authority showing a scheme of temporary traffic management on the classified route A4093 on the approaches to the proposed site access. Such a scheme shall be implemented as approved prior to construction of the proposed access and maintained during the construction of the proposed development.
Reason: In the interests of highway safety (Policy T2 of the UDP).
10 No development shall commence on site until details of mechanical, automatically operated, self-contained wheel washing facilities including a temporary / permanent access road / hardstanding completed in permanent materials at a minimum length of 20metres and 5.5metres width have been submitted to and agreed in writing by the Local Planning Authority. The facilities shall then be provided and retained as approved for the duration of the development including the earthworks / muck shift.
Reason: In the interests of highway safety by preventing mud and debris from being carried out onto the existing maintainable highway (Policy T2 of the UDP).
11 No material arising from any excavation on the site shall be transported away from the site.
Reason: In the interests of residential amenity, highway safety and to minimise congestion on the surrounding residential streets.
12 No development shall take place until a Construction Traffic Management Plan has been submitted to and agreed in writing by the Local Planning Authority. The Construction Traffic Management Plan shall include proposals for construction vehicle routing, site accesses, the management of junctions to and crossings of the public highway and other public rights of way, the scheduling and timing of movements, details of escorts for abnormal loads, temporary warning signs and banksman/escort details. The approved Construction Traffic Management Plan shall be implemented as agreed in writing by the Local Planning Authority.
Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way.
13 Notwithstanding the provisions of condition 16, delivery of turbine and crane components may take place outside the hours specified subject to not less that two working days prior notice of such traffic movements being given to the Local Planning Authority and such deliveries first being approved in writing by the Local Planning Authority.
Reason: In the interests of highway safety and the free flow of traffic.
14 No development shall take place until a scheme for the protection of Rights of Way shall be submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include * measures to prevent flooding on footpaths from the wind farm access track; * measures to make good any damage should flooding ever occur;
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* details of any fencing proposed along the access track; * the provision of stiles at appropriate locations along any fenced sections of the track. Development shall be carried out in accordance with the details unless otherwise agreed in writing by the Local Planning Authority.
Reason: to protect the amenity of walkers and other users of the rights of way.
15 Prior to the commencement of development a Construction Method Statement ('the CMS') shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the construction of the development shall only be carried out in accordance with the approved Construction Method Statement, unless otherwise agreed in writing by the local planing authority. The Construction Method statement shall address the following matters;
* Dust management * Temporary site illumination * Details of the phasing of construction works and the construction and surface treatment of all hard surfaces and tracks * Fuel and chemical storage: measures to ensure any fuel or chemicals from plant do not cause pollution * Environmental management: identification of mechanisms to ensure awareness of relevant environmental issues during pre-construction, construction and pre- decommissioning including details of emergency procedures/pollution response plans * Track construction: including the laying of underground cables alongside tracks, materials proposed and track reinstatement * Pollution control: protection of water courses and ground water and soils, bunding of fuel storage areas, sewage disposal and discharge of foul drainage including proposals for off-site water quality monitoring * Exclusion fences: including marking off a buffer zone of at least 20m between the edge of watercourses and any proposed works * Location and details of wheel washing facilities * Cleaning of site entrances and the adjacent public highway and the sheeting of all HGVs taking spoil or construction materials to/from the site to prevent spillage or deposit of any materials on the highway * Details of the proposed temporary site compounds for storage of materials, machinery and operatives parking within the sites clear of the highway, and the restoration of the sites of the compounds within 12 months of the first commercial generation of the wind farm, to include the siting of the temporary buildings and all means of enclosure, oil/ fuel and chemical storage and any proposals for temporary lighting * Details of post-construction restoration/reinstatement of temporary working areas, including seed mixture * Construction noise management plan. The plan shall include identified access routes, locations of material lay-down areas, details of equipment to be employed, operations to be carried out, mitigation measures and scheme of noise monitoring * Vibration control * Details of turning facilities for all vehicles
Reason: In the interests of environmental protection and the minimisation of likely significant environmental effects.
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16 Construction work shall only take place between the hours of 07:00 - 19:00 on Monday to Friday inclusive, 07:00 - 13:00 hours on Saturdays with no such working on a Sunday or local or national public holiday. Outside these hours, development at the site shall be limited to emergency works and dust suppression, unless otherwise approved in writing by the Local Planning Authority. The receipt of any materials or equipment for the construction of the site, other than turbine blades, nacelles, and towers, is not permitted outside the said hours, unless otherwise approved in writing by the Local Planning Authority having been given a minimum of two working days notice of the occurrence of the proposed event
Reason: In the interests of the amenities of the area.
(Policy EV45 of the UDP)
17 No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work 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 any features of archaeological interest discovered during the works, in order to mitigate the impact of the works on the archaeological resource (Policy EV44 of the UDP).
18 No development shall commence until all the archaeological sites identified as being within the development area in the environmental statement have been fenced to a standard agreed with the local planning authority. Throughout the development no works will be undertaken within the area surrounded by the fencing without the written consent of the Local Planning Authority.
Reason: In order to ensure that accidental damage is not caused to the archaeological sites (Policy EV44 of the UDP).
19 No waste materials or any solid materials should be permitted to enter any watercourses in or adjoining the site. Details of the measures to achieve the aforementioned requirement shall be submitted in writing and agreed by the Local Planning Authority prior to commencement of development on site.
Reason: To protect the ecology of the watercourses (Policy EV17 of the UDP).
20 Prior to the commencement of development, a scheme for the replanting of any hedgerows or boundary planting removed for the proposed access during construction shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented as approved. Development shall be carried out in accordance with the details.
Reason: For the protection of nature conservation interests and in the interests of visual amenity (Policy EV20 of the UDP).
21 Prior to the commencement of development a landscape and ecological management,
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mitigation and monitoring plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall be implemented as approved.
Reason: To protect and encourage habitats in the interests of biodiversity and visual amenity (Policy EV20 of the UDP).
22 The proposed attenuation and screening fence as indicated on approved drawing JAT.06 shall be erected prior to the commencement of the use of the track and shall be retained thereafter unless agreed in writing with the Local Planning Authority.
Reason: In the interests of residential amenity.
23 No development shall take place until details of new and or replacement planting and screening along the length of track adjacent to the dwellings known as Cae Rosser and Cae Rosser Isaf has been submitted to and agreed by the Local Planning Authority. The details as agreed shall be implemented in the first planting season following commencement of works on the joint access track.
Reason: In the interest of residential and visual amenity.
(Policy EV45 of the UDP)
24 No development shall take place until details of all access gates and a system of security measures in order to prevent unauthorised use of the access track has been submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented prior to the commencement of development on any wind turbine and retained as such thereafter unless otherwise agreed in writing with the Local Planning Authority.
Reason: In the interests of amenity and in order to prevent unauthorised access.
25 Notwithstanding any details agreed under the requirements of condition 15 no development shall take place until a scheme of regular noise monitoring at Cae Rosser Isaf during the construction phase has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented prior to the commencement of work on the joint access track.
Reason: In the interests of residential amenity
26 The noise level recorded at Cae Rosser Isaf as required by condition 25 above shall not exceed 59 dB at any time.
Reason: In the interest of residential amenity.
* THE FOLLOWING ARE ADVISORY NOTES NOT CONDITIONS
The proposal is recommended for approval as it is considered to be in accord with national and
com_rep Page 65 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 local policy and will make a significant contribution to national wind power targets. Any adverse impacts that have been identified will mainly be short term and can be addressed by suitable mitigation measures.
In reaching this recommendation the Local Planning Authority has taken regard to the environmental information submitted within the Environmental Statement, the comments of statutory consultees on the information supplied, and the comments/observations provided by members of the public. In addition, all relevant European directives, legislation and regulations have been taken into consideration.
The notes, table and plan to be read in conjunction with conditions 29-31 further explain these conditions and specify the methods to be deployed in the assessment of complaints about noise immissions from the wind farm and are attached as separate appendix to this decision notice.
The developers attention is drawn to the comments from CCW dated the 30th June 2009 (A copy of which is available via the planning applications search page on the Council's website) with regard to the siting of the turbines in relation to bat foraging areas and general considerations regarding the operation of the site and the presence of bats. No turbines should be sited within 50m of the Ogwr Fach stream or edge of the conifer plantation. The developer is also advised to incorporate these recommendations in the landscape and ecological mitigation and monitoring plan required under condition 27 and to discuss the contents and scope with the local planning authority and CCW prior to submission.
The proposal is recommended for approval as it is considered to be in accord with national and local policy and is an integral part of the Pant-y-Wal and Fforch Nest Wind Farm schemes, which will make a significant contribution to national wind power targets. Any adverse impacts that have been identified will mainly be short term and can be addressed by suitable mitigation measures.
The deliveries of the road stone required to create the access road could approach from the east and the gradient approaching the access from this direction could lead to inappropriate overtaking manoeuvres of slower lorries which would be detrimental to highway safety. The suggested temporary 30mph speed restriction is required to reduce the incidences of any such manoeuvres during the construction period of the access track. Whilst heavy vehicles could also approach Glynogwr from the west where there is also a significant gradient this hill has a system of double white lines to prevent any overtaking at the most inappropriate points and is significantly removed from the access to the site where an overtaking vehicle could be at risk of conflict with a right turning HGV.
The proposed access track crosses maintainable highway South of the access to Pantycornant Farm. A scheme is required to be submitted to show the required vision splays and a suitable gated arrangement (set back 5m) on both sides of the maintainable lane. It is also noted that two public Rights of Way also exist at this point and details will need to be submitted to the Rights of Way section as part of their requirements.
Whilst the location of a construction compound has been shown no details of the use of that compound has been given and a scheme should be submitted which gives details of the areas to be set aside for offices/mess hut, materials and plant and vehicle parking to ensure that sufficient parking is provided for the level of site staff anticipated.
Rainwater run-off shall not discharge into the highway surface-water drainage system. Failure
com_rep Page 66 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 to ensure this may result in action being taken under section 163 of the Highways Act 1980.
The permanent materials referred to in condition numbers 2, 4 & 6 shall be either concrete or tarmacadam. Compacted chippings or brick paviours would not be acceptable.
A temporary Traffic Order will be required to facilitate the implementation of condition 5.
Environmental information has been taken into consideration in the determination of this application.
ITEM: 3 RECOMMENDATION : SECTION 106 REFERENCE: P/06/417/FUL
APPLICANT: PENNANT WALTERS LTD PER WHITE YOUNG GREEN 21 PARK PLACE CARDIFF CF10 3DQ
LOCATION: LAND AT PANT Y WAL NORTH WEST OF GILFACH GOCH CENTRED ON NGR SS 965 908
PROPOSAL: WIND FARM OF 10 X 2.5MW WIND TURBINES WITH ASSOC. MAST, SUBSTATIONS, ETC, & NEW ACCESS ONTO A4093 (REVISED ENV. STAT)
RECEIVED: 31st March 2006
TOWN/COMMUNITY COUNCIL OBSERVATIONS Notified on 3rd April 2006 Object to the development for the following reasons:
No CO2 savings as conventional power stations will still need to be operational
Visual impact due to the size of the turbines
Impact on ecology and protected species
Adverse cumulative impact with other wind farms in the area
Adverse impact on health from low frequency noise
Turbines will be within 700m of homes
Economic threat and adverse impact on property prices
Road safety risk
Site is a special landscape area and the proposal would not accord with the UDP
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No provision for decommissioning
The site is in an area from which Npower withdrew in 2005 after extensive local opposition.
Applicant has ignored the results of consultation in contravention of WAG policy TAN 8
The ES is inadequate and dismissive of local concerns
Further subsequent comments were made regarding the impact of the extra vehicles on the road network in the area and the ability of the emergency services to respond to call outs.
APPLICATION/SITE DESCRIPTION The proposal is a detailed application for the development of a wind farm comprising 10 turbines of 2.5 mega watt (MW), associated anemometer mast, substations and related infrastructure including internal access track and direct access of the A4093. The wind Farm would have a working life of 25 years after which time it will be decommissioned. The construction period will be 6 months.
The site lies on Mynydd Maesteg to the east of Price Town in the Ogmore Valley and is approximately 470m above sea level at its highest point. The site is approximately 280 hectares in area and is mainly made up of open mountain pasture with tracts of forestry to the north and south.
The development site forms two distinct "lobes" joined by an internal access track through the Ogmore Forest. The land in between these two areas forms part of the Fforch Nest wind farm proposal. The boundary of the western or higher "lobe" lies approximately 1.1 km to the east of Price Town whilst the extent of the lower or eastern "lobe" is 0.5 km to the west of Evanstown. Glynogwr lies approximately 2.2km from the southern boundary.
The northern boundary of the site lies directly adjacent to the Rhondda Cynon Taff district where the land falls steeply away to Clydach Vale Country Park. The Darren-y-Dimbath Site of Special Scientific Interest (SSSI) lies with the Ogmore Forest outside the site but close to the internal access road.
There a number of public rights of way crossing the site.
Access to the site is to be obtained off the A4093 Tonyrefail to Blackmill Road to the east of the village of Glynogwr. A 5m wide track would be constructed running northwards to link with the main site.
The site lies entirely within Strategic Search Area (SSA) F, Coed Morgannwg. The area comprises the upland plateaux of the coalfields of the former Glamorgan County and extends to the upper reaches of the Cynon, Rhondda, Garw, Ogmore and Afan Valleys. The SSAs are identified in Planning Policy Wales, Technical Advice Note 8 (TAN8), Planning for Renewable Energy as areas noted for having land use and locational characteristics that render them suitable in principle for the development of large scale wind farm development.
The application was originally submitted in March 2006 and was for a total of 14 turbines. In August 2006 a planning application for 6 turbines on adjacent land was submitted by Npower as part of the Fforch Nest wind farm proposal also under consideration at this Committee under application P/06/1080/FUL. Following lengthy discussions between both developers and with
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Council officers, a revised and "harmonised" scheme was submitted along with a separate application for a joint access track in October 2008. The revised Pant y Wal scheme involved the deletion of turbines 1, 4 and 8 and the re-positioning of turbines 2 and 3 within the site. Consequently turbine 2 was moved further away from the settlement of Price Town. Subsequently the applicant has deleted turbine 14 from the scheme. This turbine occupied lower ground and was the most prominent machine when viewed from the village of Glynogwr.
The individual components of the application and the layout of the site are described in more detail below.
Wind Turbine:
The wind turbine operates by wind passing over the blades, which turns the hub connected to a gearbox and generator. The resulting electricity is passed through cables inside the tower to a transformer and onto the national grid. The exact make and model of turbine is to be determined but will comprise of a horizontal axis, three bladed machine being no more than 115m in height to blade tip and 70m to hub. The blades will rotate at approximately 8.6 to 18.4 revolutions per minute, generating power for all wind speeds between approximately 4 metres per second and 25 metres per second. Above 25 metres per second, the turbines are to be shut down for self protection.
The turbine will sit atop a reinforced concrete base slab with dimensions of approximately 15.5m x 15.5m x 2m, it is also proposed to allow the establishment of vegetation around the base, however the exact foundation requirements will be determined following detailed ground investigations
Sub Stations:
The wind farm development will also include two electricity sub-stations, one in each area (one 33kv and the other 66kv), in order to facilitate a grid connection to the national grid distribution. The turbines will be connected to the on-site sub stations via underground cables.
The sub station buildings will be single storey measuring 9.3m x 13.7m with a pitched roof reaching a height of 4.8m. Finishing materials will be stone faced blockwork with either slate or tile to the roof. The buildings will accommodate a switch room, battery room, meter room and control room as well as a mess room and WC. The building will be situated within a compound together with the transformer and surrounded by a 2.7m high palisade fence.
The grid connection itself will be the subject of another consenting regime and is therefore not part of this application. The transmission of power to the grid is however, likely to be via wooden pole mounted wires although no route has been identified.
Site Access:
Construction traffic will be routed via Junction 34 of the M4 motorway and along the A4119 and A4093 before entering the site at a new junction approximately 500m to the east of Glynogwr. Internally a new 7.2 km long access road running north from the new junction to the southern boundary of the wind farm site will be constructed and an existing forestry track through Ogmore Forest will be utilised and partially upgraded in order to link the western and eastern elements of the scheme. The stone for the access tracks will be imported into the site.
It should be noted that notwithstanding the individual access arrangements described here, there is also an application for a joint access track to serve both the Pant y Wal and Fforch
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Nest wind farm schemes under reference P/08/962/FUL. This application is also under consideration at this Committee. The application was submitted following negotiations with both developers and each party has indicated they will enter a S106 legal agreement to preclude use of their individual access tracks provided that both schemes together with the joint access track are approved. Notwithstanding this arrangement, the original access tracks for each wind farm remain part of the individual application and must therefore be afforded due consideration.
Anemometer Mast:
A temporary anemometer mast has been on site since late 2005. A permanent 50m high mast is required as part of the scheme. The mast is required to monitor meteorological parameters i.e. wind speed and direction for the efficient operation and management of the wind farm. The general location is indicated on the submitted plans, however, the exact siting can be controlled by way of condition.
Site Accommodation and Temporary Works:
A temporary construction compound incorporating wheel washing facilities is proposed within the site. The exact location is to be agreed however, submitted plans indicate that it will be located close to the proposed access.
Crane pads will be constructed adjacent to each turbine location. The pads will be constructed of concrete and will measure approximately 22m by 42m. The pads will provide a stable platform for assembly, erection and repair or removal of the turbines and will remain following completion of construction works although they will be covered in top soil and landscaped.
Wind Farm Layout and Design
The layout of the wind farm is to a certain extend dictated by the topography of the site, the ground conditions and the proximity of other turbines both within the scheme itself and the adjacent Fforch Nest proposal. Other constraints include areas of environmental sensitivity such as ecology, archaeology and hydrology, proximity to dwellings and proximity to any obstructions such as trees. The scheme has been designed taking these constraints into account and the resulting layout is therefore not in a uniform pattern but indicates the turbines distributed through the site at different levels.
The amended layout proposes 5 turbines (2, 3, 5, 6 & 7) together with a sub-station in the western lobe and 5 turbines (9, 10, 11, 12 & 13) and a sub station within the eastern lobe. Although it still appears on the submitted plan, the applicant has confirmed that turbine 14 has been deleted from the scheme and has amended the plans accordingly. The ground levels within the site undulate with the western area occupying the highest ground. Turbine 2 in the west occupies the highest location at 470m above sea level with turbine 10 the lowest on the 360 contour line.
Turbines 10 and 12 are approximately 1.1km from dwellings in Evanstown to the east and turbine 2 is approximately 1.8 km from residential properties in Price Town in the Ogmore Valley. Turbine 13 is approximately 2.8 km from the centre of Glynogwr to the south. It should be noted that there is a 30m micro-siting allowance for each turbine .
Environmental Impact Assessment
The Town & Country Planning (Environmental Impact Assessment) (England & Wales)
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Regulations 1999 implement EC Directive 85/337 on the assessment of the effects of certain developments on the environment. The regulations set out procedures to be followed before any grant of planning consent as part of an environmental impact assessment (EIA). Wind farms fall within Schedule 2 of the regulations and Circular 15/99 suggests that any development comprising five or more turbines or over 5MW capacity will likely require EIA. As such an environmental statement (ES) has been submitted with the application, which sets out the results of the EIA undertaken to consider the environmental effects of the proposal.
The ES contains chapters on landscape and visual amenity, ecology, archaeology, noise, traffic and transportation, electromagnetic interference, shadow flicker and safety, geology, hydrogeology and hydrology as well as details on the site selection, land use and detailed description of the development. The ES was updated as part of the amended submission in October 2008. Copies of ES have been made available to members of the public.
The individual chapters of the ES and their conclusions will be discussed in greater detail in the appraisal section.
RELEVANT HISTORY P/04/969/OBS, Scoping opinion request for wind farm. Opinion issued 17/11/04
P/06/1080/FUL, Wind Farm comprising 4 Turbines, no decision to date
P/08/962/FUL, Joint access track to serve wind farm development, no decision to date
PUBLICITY The application has been advertised in the press and on site. Neighbours have been notified of the receipt of the application. The application has been advertised on site and in the surrounding settlements and neighbours have been consulted. A public meeting was held in Evanstown in February 2007. The period allowed for response to consultations/publicity has expired.
NEGOTIATIONS The application was originally submitted in March 2006 and was for a total of 14 turbines. In August 2006 a planning application for 6 turbines on adjacent land was submitted by Npower as part of the Fforch Nest wind farm proposal also under consideration at this Committee under application P/06/1080/FUL. It was apparent that the two proposals were not entirely compatible as the schemes involved siting turbines of differing heights within close proximity to one another. Both schemes also proposed individual access tracks with new junctions to the west and east of Glynogwr.
In 2007, joint meetings with the both developers and Council officers were undertaken and following lengthy discussions a revised and "harmonised" scheme was submitted along with a separate application for a joint access track in October 2008 under application P/08/962/FUL. This application is also under consideration at Committee.
The revised Pant-y-Wal scheme involved the deletion of turbines 1, 4 and 8 and the re- positioning of turbines 2 and 3 within the site. Consequently turbine 2 was moved further away
com_rep Page 71 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 from the settlement of Price Town. Subsequently the applicant has deleted turbine 14 from the scheme. This turbine occupied lower ground and was the most prominent machine when viewed from the village of Glynogwr.
Following a Development Control Committee site visit on the 1st July 2009, additional photomontages indicating the access track and view from Evanstown were requested. The additional information has been received.
CONSULTATION RESPONSES
Councillor D N W Jones Application should be referred to the Committee for consideration as the proposal will cause heavy impact on traffic.
Councillor R Shepherd Application should be reported o the Committee for determination due to traffic implications Head Of Street Scene (Highways) No highway objection subject to conditions Conservation & Environment Policy No ecological objections Head Of Street Scene (Drainage) No objections Assistant Director Public Protection No objections subject to conditions (see Appendix D for table and notes to be attached to any decision notice) Environment Agency Wales No objections subject to conditions Countryside Council For Wales No objections subject to conditions Glamorgan Gwent Archaeological Trust No objections subject to conditions Rhondda Cynon Taff Borough No objections subject to standard wind farm conditions. Neath Port Talbot County No objections Vale Of Glamorgan B.C. No adverse comments Nats (National Air Traffic Services) Safeguarding No safeguarding objections Cadw, Fao David Rowe No objections The Forestry Authority No reply recieved Group Manager Regeneration To conclude, there are varying views on the impact of windfarms on tourism and there is no definitive research thus no firm view can be given on the effects of windfarms on tourism at this
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REPRESENTATIONS RECEIVED
Huw Irranca-Davies Mp, Unit 2 Objects to the development
Janice Gregory Am, National Assembly For Wales Objects to the development The Following Representations Have Been Received:-, . The total number of objection letters received is 332. These can be broken down as follows.
Non-standard Responses: 66
Standard Letter type A (pre October 2008): 66 Standard Letter type B (post October 2008): 200
The earlier standard letter consisted of 10 objection points with room for the objectors name and address and signature, an example is attached as Appendix B.
The later letter comprised of a series of 16 tick boxes and room for additional comments. The same letter was used for the Fforch Nest proposal (P/06/1080/FUL) Pant-y-Wal (P/06/417/FUL) and the joint access track (P/08/962/FUL). An example is attached at Appendix B.
In addition 4 petitions were received with 88, 23, 57 and 78 signatures respectively.
Representations against the application were also received from Kim Howells MP
The total number of letters in support of the developed received is 6.
Further representations against the application were also received from Huw Iranca Davies MP, and Janice Gregory AM. The further comments were received from Huw Iranca Davies MP, which make reference to the Arup report. The earlier comments from Janice Gregory AM were re-submitted together with an additional paragraph relating to the access track.
A letter from Mr. Harry Hayes was sent to the Chief Executive expressing concern regarding the re-industrialisation of the area.
Further e-mail representations received from Mr. & Mrs. Cole expressing concern that the proposed legal agreement heads of terms does not include any reference to the exact cost of reinstating the site at the end of the working life of the wind farm, claims that they had not been formally consulted on the wind farm applications, querying the public meeting in Evanstown, questioning the lack of the applicant's public consultation process and expressing concern that the access track will be used for further wind farm developments in the area.
THE MAIN POINTS OF OBJECTION ARE AS FOLLOWS:
Adversely affects visual amenities
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Outside SSA boundary of TAN 8 - Area F
Adversely affects wildlife/protected species/biodiversity/ecology/flora/fauna
Other applications for wind farm proposals within the vicinity
Adverse noise
Impact on health and well-being
Economic threat
Reindustrialisation of the area
Access, traffic and highway and pedestrian safety
Adjoins a SSSI
The scheme includes no provision for decommissioning
Inadequate consultation undertaken
Inadequate public consultation by the applicant
Inadequate Environmental Statement/Errors within the Statement
Misleading information submitted
Vibro Acoustic Disease
Within Special Landscape Area (Coalfield Plateau and Associated Sites and Nature Reserve)
Loss of right to roam
Not in accordance with the UDP
Cumulative impact of wind-farms in the area
Encirclement of the wind turbines around villages
Saturation/Over-concentration of wind-farms in one area
The turbines are too large (higher than recommended height)
Wind is an unreliable source of energy
Negligible impact on reduction on carbon emissions/climate change
Dominates the skyline and landscape
The turbines are incongruous features
Shadow/Light Flicker
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Adverse impact on historical/archaeological features
Adversely affect the countryside and remoteness of the area
Adversely affect residential amenities
Vibration
Interference on Human Rights
General disturbance
General nuisance
Close proximity to residential properties
Safety Issues (Storms, Ice throw, Fire, Lightning Strikes)
Loss of television signal
Increase in crime/vandalism and anti-social behaviour
Adverse impact on informal recreation (i.e. walking)
Unsuitable area for wind-farms
Devaluation of properties
Increase in Pollution
Increase in Dust
Increase in Dirt
Increase in Grime
Not a cost-effective scheme
Impact on the quality of life of residents
Inappropriate use of land
Change of use of land
Increase in stress
Loss of privacy
Loss of view
No benefits to local residents
Loss of tourism in area
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Risk of subsidence/landslips
Pressure for further wind-farms in the area
Damage to properties
Geological fault in the Dimbath Valley
Adversely affects drainage
Adverse impact on local businesses and discourages new businesses from locating in the area
ARUPS does not fully endorse the proposal
Encourages gypsies/travellers to the area
COMMENTS ON REPRESENTATIONS RECEIVED It is not considered that the development conflicts with national or local policy
The site lies entirely within Strategic Search Area F (as defined in TAN 8). And the site is considered appropriate in principle for a wind farm development.
The delivery of major turbine components will entail a traffic management plan and include where necessary a police escort. It is not considered that the impact on the emergency services will be sufficient to justify a reason for refusal
There is no evidence to suggest that the development will create any threat to the local economy.
The application has been advertised in the local press, by way of site notices placed in the settlements closest to the site and by direct consultation with neighbours. Furthermore a public meeting was held in February 2007. It is not considered that there has been inadequate public consultation during the processing of this application.
The information contained within the environmental statement (ES) is considered to be accurate and sufficient for the purposes of the Environmental Impact Assessment (EIA) process and this has been backed up by way of the consultation responses received. It is not considered that there has been any misleading information submitted.
The ES contains details of the decommissioning phase of the development
The development will not impact on any rights to roam, which would be covered under separate legislation.
There is no evidence to suggest that the development will impinge on human rights or interfere with health.
There is no evidence to question the safety of the proposal given the relative remoteness of the site.
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It is acknowledged in the ES that there will be some increased impact during the construction and decommissioning phases of the development particularly with regard to the access and transportation aspects of the scheme. However, this is to be expected and will be relatively short term. Any adverse impacts can be mitigated by the use of traffic management plans.
It is not considered that the development will give rise to any unacceptable impacts in terms of loss of privacy.
The damage to individual properties will be a private matter between the owner and the developer.
The reindustrialisation of the area is not considered to be a material factor in this application, however, the physical impacts of the scheme are discussed in some detail in the appraisal section.
The issues of national and local policy, noise and vibration, landscape and visual effect, the capacity of the area to accommodate wind farm development, the impact on ecology and designated sites, access, traffic and highways issues, shadow flicker, television reception, tourism, the impact on the historic environment, land stability and effects on airline traffic are addressed in some detail in the individual sections of the appraisal.
The Arup report and its findings is also discussed in more detail in the appraisal however, notwithstanding the concerns raised the limits identified in that document are guidelines and should not be regarded as absolute limits. The findings of the TACP report would tend to confirm that there is sufficient capacity on the area to accommodate the proposal.
The issues raised in respect of the proposed Section 106 legal agreement relating to the decommissioning works have been noted however, exact figures will be discussed with the applicant following determination. It is not considered expedient to enter into discussions at this stage.
Computer records indicate that Cae Rosser Isaf was consulted in 2006 and following the submission of amended plans in 2008. On both occasions letters of response were received.
TAN 8 encourages developers to engage with the local community although this is a matter for the individual developer and the level of consultation is not a significant factor in the determination of this application.
The issues of the effect on house prices, the relative merits of wind power, the pressure for further wind farms in the area, the individual loss of view, the perceived increase in crime and vandalism are not considered to be material to the determination of this application. Furthermore there is no evidence that the development will encourage gypsies or travellers to the area.
APPRAISAL This report will address the material planning considerations in relation to determination of this application. Wind power schemes are seen as a key part in the Welsh Assembly Government's targets for renewable energy electricity production and as such it would not be appropriate for the report to discuss issues such as the relative merits of wind power as a renewable energy resource or the qualities of national planning guidance including Ministerial Interim Planning
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Policy Statement (MIPPS) 01/2005 and Planning Policy Wales Technical Advice Note (TAN) 8.
Members carried out a full Committee site visit on the 1st July 2009 and viewed the proposal from locations in Glynogwr (at the proposed Fforch Nest wind farm individual access), Cae Rosser Farm (adjacent to Cae Rosser Isaf) and Evanstown. Members also viewed the proposed joint access track entrance (and Pant-y-Wal wind farm individual access).
The report will assess the relative merits of the proposed Pant-y-Wal wind farm which is located entirely within the Bridgend County Borough area although many of the issues discussed in the appraisal will be common to the adjacent proposal for the proposed Fforch Nest wind farm as well as the element of this scheme within the RCT area. This to a certain extent is reflected in the report particularly with regard to the policy, landscape and visual topics where the three proposals will be viewed as one wind farm. However, members are reminded that any determination on this application notwithstanding any other recommendations or decisions relating to the other relevant applications before the Development Control Committee, will be for the development of the Pant-y-Wal wind farm comprising 10 turbines together with its associated individual access.
The appraisal will be split into 11 sections.
1. The development in relation to the national and local policy context. 2. Landscape and Visual Amenity 3. Ecology and Biodiversity 4. Noise 5. Access, Transportation & Highways 6. Tourism 7. Shadow Flicker 8. Electromagnetic Interference 9. Geology, Ground and Surface Water 10. Archaeology 11. Radar and Air Traffic Control.
1. THE DEVELOPMENT IN RELATION TO THE NATIONAL AND LOCAL POLICY CONTEXT.
Planning Policy Wales (PPW) sets out the land use planning policies of the Welsh Assembly Government. The Ministerial Interim Planning Policy Statement (MIPPS) 01/2005 Planning For Renewable Energy, updates this document in respect of planning applications for renewable energy schemes and outlines the Welsh Assembly Government's (WAG) commitment to renewable energy as a means of reducing carbon emissions. The document indicates established specific renewable electricity production targets for Wales of 4 TWh per annum by 2010 and 7 TWh per annum by 2020. The 4 TWh target equates to a little over 10% of Welsh electricity production. In order to meet the 2010 renewable energy target, WAG's energy policy is that 800 MW of renewable energy capacity should be provided from strategic onshore wind energy development mostly in the form of a small number of large wind farms. A further 200 MW should be provided from offshore wind and other renewable technologies
PPW is supplemented by a series of Technical Advice Notes, including. Technical Advice Note 8 (TAN8), which sets out the policy for the current position on renewable energy and the target figures for 2010 and 2020. It provides the land use planning guidance to facilitate the delivery of these targets through the planning system. The role of Strategic Search Areas (SSAs) is introduced in TAN8, which states that large scale onshore wind developments i.e. over 25MW should be concentrated in the SSAs. The SSAs are designed to display the following
com_rep Page 78 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 characteristics; Good wind speeds, upland areas dominated by conifer plantation and/ or/improved/ impoverished moorland, generally sparsely populated, general absence of nature conservation or historic landscape designations and largely unaffected by radar or MOD constraints. The proposed Pant-y-Wal and Fforch Nest Wind Farms are wholly within SSA F - Coed Morgannywd.
TAN 8 also gives advice on a wide range of factors that have to be taken into account in development control decisions, and includes endorsement for the use of the ETSU-R-9710 report on assessing the effects of noise on sensitive receptors, advice on ecology, aviation, electromagnetic interference, shadow flicker, and on the key issues of landscape/visual impact and cumulative effects is contained in technical annexes. It is noted that the Policy Statement on Renewable Energy contained as Annex A of TAN8 suggests that onshore wind will be the main large-scale technology that is capable of enabling renewable energy targets to be reached.
Other Relevant Technical Advice Notes are the Draft TAN5, Nature Conservation and Planning and TAN 11, Noise.
The Renewable Energy Route Map for Wales (Consultation Document February 2008) sets out a vision of making Wales a showcase for clean energy whilst maintaining our international competitiveness. It identifies renewable energy as being able to contribute to security of energy supply, is affordable, does not produce waste or contributes to global warming. The Route Map sets out the five important strands to Welsh energy policy, the first being securing renewable electricity production targets by 2010 and 2020 and sets out a continued commitment to wind energy as the most readily available commercial renewable technology, and confirms the intention to pursue the proposals in TAN8 with a view to reviewing the targets upwards in due course.
'Meeting the Energy Challenge: A White Paper on Energy' was published by the DTI in May 2007, replacing the 2003 Energy White Paper. It sets out a framework for action to address the challenges of climate change and secure energy supplies, and to manage the risks associated with them. It includes international and UK strategies. Chapter 1 sets out the need for a comprehensive approach to energy policy in the light of climate change and security of supply.
'TAN 8 Annex D study of Strategic Search Areas E and F: South Wales Valleys' (the 'Ove Arup Study'), was commissioned by the Consortium of South Wales Valleys Authorities, and endorsed by the Planning & Development Committee of the Council on the 1st December 2006; This is the local refinement of the boundary of SSA F and has been adopted by the Council as Interim Development Control Guidance. The report indicates that both wind farm proposals fall within zones 33 and 34 of the refined SSA which is suited to development of a 'large wind farm' i.e. with turbines up to a maximum of 100m with a total capacity of 19MW. It should be noted that both wind farms propose 115m turbines with a combined capacity of more than double that suggested in the ARUP refinement. However, members are made aware that these figures are estimates not absolute limits and do not represent a ceiling. If smaller turbines were to be used then there would be a corresponding need for more machines. The capacity of the area to accommodate the wind farms is discussed in more detail in the TACP report referred to below.
The Council commissioned consultants TACP to review the impact of the windfarm applications north of Gluynogwr on the landscape and visual amenities of the area. A report entitled Bridgend Wind Farm Appraisal, Pant-y-Wal and Fforch Nest, May 2009, (The TACP report) has been used to inform the Council on matter pertaining to landscape and visual amenity in respect of this and the adjoining wind farm proposal.
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There are several policies of the Bridgend Unitary Development Plan (UDP), which was adopted by the Council on the 12th May 2005, which are of relevance to the above proposals, in particular:
Part 1 Policies 1, 2, 10, 18 and 19;
Part 2 Policies EV1, EV7, EV10, EV18A & B, EV19, EV20, EV27 & 28, EV42, EV43 & 44, T12, T13(4), RC10(12 & 13), TM1, UNS1, U2 and U3.
UDP Part 1 Policy 1 is an 'over-arching' policy which is intended to be in tune with 'current Government guidance in Wales' (UDP para. 3.1.5 refers). The latter substantively changed after the adoption of the UDP by publication of MIPPS 01/2005 Planning for Renewable Energy and Technical Advice Note (TAN) 8 in July 2005 and referred to above. The proposals broadly accord with the intentions of Part 1 Policy 1 as updated by national policy in that they seek to 'enhance, protect and conserve' the environment of the County Borough while not 'diminishing, endangering or neglecting' it as a 'varied and finite resource'. The proposals constitute development in the countryside which should be strictly controlled, but utility service provision is an acceptable exception to that strict control. Therefore, the proposals also accord in principle with UDP Part 2 Policies EV1, EV7, and EV20, in that on balance they should have a scale, siting, layout, design, and external appearance that will be compatible with the landscape etc., given that their implementation would involve landscape change, and introduce new visual elements as envisaged in national policy, while seeking to maintain or enhance the quality of the environment, and sustaining the biodiversity of the countryside.
It is the intention of UDP Part 1 Policy 2 to take the 'over-arching principle embodied in Policy 1 and to apply it specifically to 'each component of the County Borough's environmental resource' (UDP para. 3.1.6 refers). This involves safeguarding the integrity of the countryside and the built environment through careful siting, planning and design, and by protecting, conserving and enhancing (inter alia) international, national, regional and local biodiversity, and 'special landscape areas'.
In this respect, the proposals should also accord in principle with UDP Part 1 Policy 2 and UDP Part 2 Policy EV10, given that the Welsh Assembly Government (WAG) 'accepts that the introduction of new, often very large, structures into the open countryside needs careful consideration to minimise the impact on the environment and landscape. However, the need for wind turbines is established through a global environmental imperative and international treaty, and is a key part of meeting the Assembly Government's targets for renewable electricity production. Therefore, the land use planning system should actively steer developments to the most appropriate locations'. (MIPPS 01/2005 para 12.8.9 refers). TAN 8 identifies those 'most appropriate locations' for large scale wind farm development (i.e. wind farms over 25MW) in Wales and designates them as 'Strategic Search Areas' (SSAs). The application sites lie within SSA F 'Coed Morgannwg', as designated in TAN 8, which includes a part of two 'Special Landscape Areas' that are designated in the adopted UDP, but which are not considered to be of international or national importance.
With regard to the emerging Bridgend LDP, its preparation is only at the Pre-Deposit Proposals stage (December 2008) and consequently it currently carries very little weight for decision- making. However, it is noteworthy that the LDP Preferred Strategy and Strategic Policies formulated to date encourage the development of renewable energy generation while conserving and, wherever possible enhancing, protecting and improving the natural environment, including the countryside, important landscape features, and biodiversity of the County Borough. Strategically important areas such as Special Areas of Conservation (SACs), National Nature Reserves (NNRs), the Glamorgan Heritage Coast, and other 'Special
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Landscape Areas' are singled out for specific protection, however, the latter will not be designated until they are defined in the future Deposit LDP. The Pre-Deposit Proposals also emphasise that proposals which contribute to meeting national renewable energy targets will be favoured, provided there will be no adverse impacts on the environment and local communities. In respect of the latter, 'Large-scale wind power developments' will be specifically directed towards the 'locally refined TAN 8 SSA F' in accordance with national policy. (LDP Strategic Policies SP2, SP4 and SP9 refer). The proposals, therefore, also accord in principle with the currently emerging strategy and policies of the LDP.
UDP Part 2 Policies EV18A & B, EV19, and EV20, seek to protect internationally, nationally, and regionally/locally designated sites for nature conservation (and more general protection of biodiversity including its habitats and species) from any potentially adverse impacts of development. The submitted comprehensive documentation which comprises the Environmental Statements (including their Revisions and additional Surveys etc.) for each application address these matters and this issue is discussed in more detail below.
UDP Part 2 Policies EV27 & 28 aim to reduce noise generation and its unacceptable impact on sensitive receptors (which include residential properties, wildlife, and areas where the enjoyment of the landscape might be affected by noise e.g. existing and proposed recreation sites). Noise is addressed in the ESs (and their revisions) for the individual wind farm proposals, and is discussed in greater detail below.
UDP Part 2 Policy EV42 states that 'development which would adversely affect an historic landscape will not be permitted'. While neither of the proposed wind farm proposals submitted within the County Borough lie within a registered Historic Landscape, it should be noted that most of the Fforch Nest is located within the adjacent Rhondda Special Historic Landscape in RCT. In this respect, it is noted that the independent ASIDOHL Surveys which have been submitted by the applicants each conclude that the overall direct physical impact on the Historic Landscape would be very slight, the visual impact on the same would be moderate, and the cumulative effect of these impacts for the reduction in the value of the Rhondda Special Historic Landscape, as a whole, would be categorised as slight. These conclusions have been supported by Cadw, therefore the proposals would also accord in principle with adopted UDP Policy EV42, notwithstanding the fact that much of the proposals' site is located in a high quality landscape and has visual connectivity with the extensive upland that typifies this part of the County Borough, this is confirmed by TACP in their landscape and visual appraisal of the proposals.
UDP Part 2 Policies EV43 & 44 aim to protect known, potential, or suspected sites of archaeological significance. The applicants' ESs conclude that there should be no direct impacts on 'known cultural heritage features', and only 'indirect visual impacts of moderate significance' on archaeological sites. They also propose that 'watching briefs' will be carried out during soil stripping operations in mitigation, and any presence of buried archaeology will be recorded if required, as there is a potential for further archaeological features of probably less than national importance to be present which have not previously been identified. The settings of Scheduled Monuments (and Listed Buildings) within the vicinity of the proposals' site would not be expected to be significantly affected as views of them are either obscured, or are situated at too great a distance from the development. The issue of archaeology in relation to the development is discussed in greater detail below.
UDP Part 2 Policies T12 and T13(4) relate to any potential impacts of the proposals on the public rights of way network during construction and afterwards, and whether the proposals can be safely and efficiently accessed from the Ogmore Transport Corridor.
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UDP Part I Policy 10, and Part 2 Policies TM1 and RC10 (12 & 13) promote appropriate rural tourism opportunities and encourage the use of the Cwm Dimbath and Cwm y Fuwch areas for informal recreation purposes respectively. In this respect the upland and forestry areas of the County Borough have many opportunities for tourism and informal recreation that are not currently being fully realised, whereas it is recognised that for a great many people the ability to walk, sit, look at a view, to picnic, or simply visit places as their main enjoyment of the countryside, which can contribute greatly to personal health and well being. The upland areas of the County Borough are also being increasingly used for popular outdoor sports activities such as hang gliding etc. and are a tourism attraction in their own right.
UDP Part I Policy 18 and Part 2 Policy UNS1 relate to the development of unstable or potentially unstable land. The applicants' ESs examine the geology, hydrogeology and hydrology of the sites, and acknowledge that there are geological constraints that could affect the proposed development. This is discussed in some detail below.
UDP Part 1 Policy 19 states that 'Development for 'utility services or the exploitation of renewable energy sources will be favoured where it can best be demonstrated that any adverse effect on the best and most sensitive environments (in terms of landscape and scenic, architectural and historic, and nature conservation value) would be minimal. Accordingly, the Policy implicitly acknowledges that development such as wind farms may have adverse effects but provided that in those 'best and most sensitive environments' those effects would be 'minimal' they will be favoured in principle. The foregoing assessment of the proposals has shown that the effects upon the historic environment and nature conservation interests should in this instance be minimal and would not in my view give rise to undue harm. The landscape and visual impacts of the proposals have been thoroughly assessed both in the applicants ESs and these have been reviewed in the findings of the Council's commissioned 'Wind Farms Appraisal' undertaken by Consultants TACP, which is examined in relation to adopted UDP Part 2 Policy U2 below.
UDP Part 2 Policy U2 confirms that proposals for wind farms and wind turbines will be 'encouraged in the interests of protecting valuable energy sources and limiting emissions of greenhouse gases'. Such developments must, however, satisfy four criteria of assessment to be permissible in principle, and that 'the cumulative, as well as individual, impact of development proposals on sensitive environments will be assessed'. As explained in the supporting text to Policy U2, the Council will seek to protect those interests listed in the criteria contained in the Policy from intrusive or harmful development which will have an adverse effect upon those interests. I have therefore examined the submitted proposals (and their respective ESs) taking on board the recommendations of the Council's expert Landscape Consultants and would make the following observations in respect of the criteria of adopted UDP Policy U2:
1. The proposals' site does not lie within the Glamorgan Heritage Coast, and therefore it accords with this criterion of Policy U2. 2. The proposals' site is located within two designated 'Special Landscape Areas' (SLAs), as defined in UDP Policy EV10, i.e:
(1) The Strategic Coalfield Plateau and its associated Valley Sides, and (2) The Upper Dimbath Landscape Conservation Area (in part)
However, as referred to under Points 1(a & b) above, these parts of the respective SLAs are included within the TAN 8 SSA F designation (albeit at its edge and within its buffer zone) which is one of the 'most appropriate locations' for large scale wind farm development in Wales, where, more importantly, it is accepted under national planning policy that there will inevitably be landscape change even after careful consideration to minimise the impact of new, often very
com_rep Page 82 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 large, structures on the environment and landscape. Similarly, most of the proposed development (except for three of the proposed Pant y Wal Wind Farm's turbines) also lies within the locally refined boundary of SSA F as recommended in the 'Ove Arup Study' whose 'appropriate recommendations' have already been endorsed by the Council. Bearing in mind the intentions of adopted UDP Part 1 Policies 1, 2, and 19, and Part 2 Policy EV1, with which the proposals have been assessed to be in broad accord in principle in terms of their location, they must nevertheless be carefully considered in terms of their cumulative as well as individual impact on the landscape and in visual terms to satisfy this criterion of Policy U2. A substantial part of both ESs submitted with the applications (as subsequently revised and re-assessed) address these interests.
Reference is made to the comprehensive findings in the TACP report, which reviews the ESs for the wind farm applications including the Joint Access Track proposal, and which undertakes a capacity assessment for the upland area of the proposed wind farms. The TACP Appraisal took due account of all revisions to the schemes and the additional information included in the ASIDOHL reports. Essentially, the TACP Appraisal concurs with the results of the landscape and visual impact assessments undertaken for the proposals; however, the review demonstrates that the indirect impacts on the landscape through its visual context is considered to have been 'underestimated' especially for the adjacent upland areas.
In view of TACP's conclusions expressed in paragraph S13 of the Executive Summary to their Appraisal Report, especially that the 'landscape and visual impacts of these proposals are relatively contained', it is considered that they are in accord in principle with the relevant provisos made in criterion 2 of Policy U2, the remainder of the criterion having already been satisfied in respect of the adjacent Rhondda Historic Landscape. Furthermore it is not considered likely that the proposals should have any harmful impact upon the Kenfig SAC as it is situated at a considerable distance away at the opposite side of the County Borough, the proposals therefore also accord with this criterion of Policy U2. In summary, therefore, the proposals would also accord in principle with adopted UDP Part 1 Policy 19, and Part 2 Policy U2.
Lastly, UDP Part 2 Policy U3 lists those detailed considerations which will need to be addressed in respect of the proposals, given they do not conflict in principle with adopted UDP Policy U2. These are largely matters of detail which are for consideration, as most can probably be overcome through appropriate conditions and/or through a Section 106 Agreement.
Given the above considerations the applications are generally in accord in principle with both the relevant policies of the adopted and emerging development plan.
2. LANDSCAPE & VISUAL
Wind farm developments by their very nature are likely to raise issues in terms of their visual appearance and their setting within the landscape. Also, the proximity of the site to the Fforch Nest wind farm proposal would mean that both schemes will appear for all intents and purposes as a single wind farm when viewed from outside the site(s). The cumulative impact of these wind farms with other wind farm schemes such as the existing operating Taff Ely wind Farm and consented Mynydd Portref scheme to the south of the site in the area must also be considered. The potential impact of the development on the surrounding landscape as well as its visual impact forms a substantial part of the submitted ES which includes relevant assessment of the landscape issues as distinct from the visual appearance of the proposal. All further references to 'the site' in this appraisal relates to the combined application sites of the individual wind farm proposals and their suggested accesses which are under consideration.
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In terms of adopted development plan policies, the site lies within two designated 'Special Landscape Areas', that is wholly within the Strategic Coalfield Plateau and its Associated Valley Sides and partly within the 'Upper Dimbath Landscape Conservation Area' as identified in Policy EV10 of the adopted Bridgend Unitary Development Plan. Both of these 'Special Landscape Area' designations are matters of principle for the assessment of the applications under one of the criteria contained in Energy and Utilities Policy U2 of the adopted UDP. Any proposals which may thereafter be considered to be permissible under Policy U2 must then satisfy the detailed criteria pertinent to their further assessment under Policy U3 of the adopted UDP. Also, the Rhondda Landscape of Special Historic Interest lies to the north of the site within RCT. Furthermore, the site is located entirely within Strategic Search Area (SSA) F as designated in TAN 8, and all but three turbines are within the "refined" SSA as defined in the Arup report as referred to earlier in this appraisal.
The pre-application scoping opinion identified that the site lay within an area of high biodiversity value, which is also evaluated as 'high' under the LANDMAP assessment. For members information LANDMAP is the Welsh Assembly Government (WAG) approved landscape methodology and comprises of a series of "layers" including visual and sensory, cultural heritage, historic landscape, geological landscape and landscape habitats. The landscape and visual impact assessment (L&VIA) in the ES has been undertaken in this context and describes the construction and operational phases of the proposed wind farm on the landscape of the site and its environs as well as the effects on visual amenity. This includes the effects on features and characteristics assessed as important to the landscape character of the site and surrounding landscape. Views of the site are also considered both from within the site and the surrounding area including any highways and the rights of way network. A cumulative assessment of the development with Fforch Nest, Taff Ely and Mynydd Portref has also been undertaken.
The landscape study area as defined in the ES is situated between the Ogwr Fawr and Ogwr Fach Valleys and extends beyond the application site to include the area where the access is to be located. With regard to the visual assessment a zone of visual influence (ZVI) has been examined up to 25 km radius from the centre of the site. The cumulative ZVI (CZVI) includes other existing and consented wind farm development up to 60km from the site and extends to part of the Gower AONB, Brecon Beacons National Park and the Glamorgan Heritage Coast.
As part of the ES an Assessment of the Significance of Development on Historic Landscapes (ASIDOHL) for the both the Pant y Wal wind farm and Fforch Nest wind farm was submitted.
The assessment comprised a combination of desk studies and field surveys with subsequent detailed analysis and identified the following key findings:-
* Seven landscape character areas defined within the study area, ranging from the open upland of the wind farm area, through to the lowland farmland in the locality of the site entrance.
* The uplands are intensively managed for sheep rearing and coniferous forestry.
* The zone of visual impact (ZVI) is most extensive to the south, especially over the coastal plane between Margam and Barry.
* Higher land to the north and north-west ensures very limited visibility to the west, north-west and north.
* Visual analysis has assessed views from 35 areas, within three zones of near viewpoint up to 5km from the site; mid-distance between 5 and 15km and distant views of between 15-25km.
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* The study has further considered the cumulative impact of other wind farms up to a radius of 60km.
* The main features which might affect landscape and visual amenity are the turbines and access track.
The potential effects were identified as follows:-
(a) Landscape
* Landscape character would change from upland open moorland to an area containing large industrial elements.
* Disturbance to the ground and vegetation, and breaching of field boundaries would give rise to localised effects.
(b)Visual
* From identified near viewpoints (5km), turbines would be seen individually and as a cluster.
* Prominence in the view, and degree of impact dependent on elevation of view, with significance ranging from slight impact from valley bottoms to more substantial impact from open upland areas.
* From mid-distance viewpoints (5-15km) views are more frequently interrupted and partly screened.
* Open views are however available from the south, where, from certain locations, the wind farm would be a skyline feature.
* From distant viewpoints (15-25km) the impact would be small, with the wind farm a distant element, difficult to discern in the landscape.
* The cumulative effects of other wind farms would be to alter the landscape character to a wind farm landscape. However the cumulative visual effects from near, mid and distant viewpoints would be broadly similar to the individual effects.
The assessment concludes that the development would result in a change of landscape character to one containing large industrial elements, the degree and significance of visibility of which is largely a reflection of distance. By virtue of this there are likely to be substantial long term effects although whether these effects would be perceived as adverse depends on the individual attitude of the observer. The ES also refers to research by the Scottish Executive which found that only 12% of residents near a wind farm felt that the wind farm had spoiled the landscape. Notwithstanding this the national planning policy objective (TAN8) to concentrate wind farms within SSAs acknowledges and accepts that there will inevitably be both individual and cumulative landscape change and visual effects in those areas. The SSAs have been identified as being those areas which are most able to accommodate such impacts, compared to other areas of Wales. The identified visual and landscape effects must therefore be considered in that context.
The ES also proposed a number of measures to mitigate the impact of the development. These include a design and layout that has attempted to minimise visual impact through avoiding the siting of turbines in very prominent locations and matt mid-grey colour for the
com_rep Page 85 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 turbines, which would reduce contrast against the skyline. The sub-station buildings would be clad in stone, with slate roofs to give the appearance of the local vernacular style. Soils would be re-spread over the construction bases and tracks to minimise the extent of the operational area. Land management during the operational phase would include a reduced grazing regime which would improve the biodiversity and landscape interest, together with the reinstatement of stone walls and hedgerow boundaries. Upon decommissioning, all above ground structures would be removed, including the breaking up of concrete foundations and hardstandings, and the re-spreading of soils for natural re-colonisation. A landscape (and ecology) management plan would be implemented, to enable mitigation and restoration to be monitored, and ensure the successful implementation of the various schemes.
In view of the major landscape and visual implications of the development, landscape consultants TACP were commissioned on behalf of the Local Planning Authority to review the supplementary information provided for the Environmental Statements prepared for Pant y Wal and Fforch Nest Wind Farm planning applications and to undertake a capacity assessment for the upland area of the proposed wind farms. The main purpose of the review was to consider the impact of the proposed wind farms both individually and in combination on the landscape of the area and the visual impact on the settlements affected. A copy of the executive summary of this report is attached as Appendix B.
The report also included a review of the landscape and visual impacts contained within the Environmental Statements submitted as part of the applications as well as a review the proposals against the TAN 8 Annex D study of Strategic Search Areas E and F: South Wales Valleys 2006 report prepared by Arup for the Consortium of South Wales Valleys Authorities.
The report indicated that the assessments carried out as part of the review generally concur with the results of the landscape and visual impact assessments undertaken for both the Pant y Wal and Fforch Nest wind farms although some indirect impacts on the landscape for adjacent upland areas through its visual context have been underestimated. Nevertheless, the revisions to both schemes have gone some way to reduce the landscape and, more particularly, the visual impacts of the schemes. The report concludes that the upland setting, large scale of landform, simple land-cover and relatively sparse population make Mynydd Maesteg a possible location for wind generated energy. This has been confirmed through the TAN 8 Strategic Search Area refinement exercise and an area of Mynydd Maesteg has been included within the refined Strategic Search Area (SSA) boundary identified for large scale wind farms.
The TACP report also identifies that there will be significant changes in the landscape context of a number of high value landscape areas especially those within which the wind farms are located as well as the adjacent uplands of Mynydd Llangeinwyr and Mynydd Gaer. Both wind farms are located within the BCBC Special Landscape Area and the greater part of Fforch Nest Wind Farm is located within the Rhondda Historic Landscape in RCT. There will also be significant visual impacts on settlements in close proximity to the proposed wind farms especially Gilfach Goch, Evanstown and Glynogwr although longer views will be ameliorated through screening from local topography and vegetation.
With respect to cumulative visual impact, relevant existing and proposed wind farms have also been reviewed as part of the report. With regard to the existing and consented wind farms, the proposed Pant y Wal and Fforch Nest schemes would be most frequently viewed with the existing Taf Ely Wind Farm and consented Mynydd Portref Wind Farm. Given the proximity of these two proposals there is a high frequency of combined views, and as such a high cumulative impact, on a small number of settlements such as Gilfach Goch and Glynogwr where all four of these wind farms would be visible as important elements within the view. Scarweather Sands Wind Farm would be viewed with moderate frequency but is located at a
com_rep Page 86 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 distance of approximately 28km from the proposed wind farms. The consented Power Factory, Fochriw, and Maesgwyn wind farms as well as the existing Ffynon Oer Wind Farm would have a limited cumulative impact.
The capacity assessment carried out by TACP took into consideration the recommendations from the Arup Report, landscape sensitivity of the area, visual impact using key viewpoints, a review of populations, location and visibility to the area and the implications of policy issues on capacity. As part of the review an assessment of the visual impact of the proposed wind farms on each settlement within 30km study area was considered for Pant y Wal Wind Farm, Fforch Nest Wind Farm and the combined effect of Pant-Y-Wal and Fforch Nest wind farms.
The Settlements within the 30km study area ZVI were identified and views from these settlements assessed using the following definitions: a) Negligible: No part of the development is discernible or is at such a distance that it is scarcely apparent in the view. b) Minor: Proposals constitute only a minor component of the view, which could be missed by the casual observer having little effect on the nature of the view. c) Moderate: Proposals form a visible and recognisable new adverse element within the overall scene and may be readily noticed by the observer d) Prominent: when they are easily seen without the need for close examination of the landscape e) Dominant: where they are not just visible but draw the eye to the extent that little else is seen even in an attractive landscape f) Overwhelming: if they are so close and of such a size as to make the observer uncomfortable and want to move away.
The relevant ZVI illustrates that due to the topography there will be very few views of the wind farms from the majority of the towns in the study area, these include the settlements of Maesteg, Pencoed, Pontycymer and Pyle within the BCBC area.
However, the ZVI suggests some visibility from a number of towns and settlements within the BCBC area summarised as follows:
Gilfach Goch/Evanstown: Views would be restricted to residents facing northwest towards the turbines that are not obscured by other buildings. Views of the turbines would be dominant due to the proximity to the development.
Glynogwr: Open views are available from the northern edge of the village towards the proposed turbines. The proposed access track would be visible in part in the lower section. Views of the turbines here would be dominant due to the proximity to the development.
Nant-y-Moel: The majority of the settlement would have no views but some limited views would be available to the Pant y Wal Wind Farm from the very edge of the settlement. Due to the valley nature views would be restricted by vegetation and the built form and thus the impact would be reduced to Moderate.
Ogmore Vale: The majority of the settlement would have no views but some limited views would
com_rep Page 87 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 be available from the very edge of the settlement. Due to its valley nature, views would be restricted by vegetation and the built form and thus the impact would be reduced to moderate.
The views from Bettws, Sarn & Aberkenfig, Bridgend, Cefn Cribbwr and Porthcawl were considered to be minor. The significance of the proposed wind farms on views from settlements within the 30km study area are shown to be greatly reduced for settlements greater than 6km from the site. Settlements located further than 6km from the development have all been assessed as having a minor to negligible effect on views; this is due to the reduced prominence of the proposed turbines and the increased screening effect of vegetation, topography and the built form of urban development when viewed at these distances. For settlements within the 6km distance from the site only the villages of Gilfach Goch, Glynogwr and Evanstown are assessed as the turbines having a dominant effect on the views, this is due to the very close proximity of the turbines and lack of screening features.
The other settlements within the 6km distance are all assessed as having a moderate impact on the views due to their locations within valleys, which would allow for a greater screening affect of vegetation, topography and elements of the built form of each settlement. The TACP report generally concurs with the Arup Report inasmuch as the area proposed for the refined SSA boundary, whilst impacting upon the settlements of Gilfach Goch, Evanstown and Glynogwr, has lesser impacts than surrounding areas.
Whilst the Pant y Wal scheme is located within the defined SSA F, three of the western turbines of the proposal i.e. nos 2, 5 and 6 lie just outside of the refined SSA boundary as indicated in the Arup Report (the Fforch Nest Wind Farm lies totally within the refined SSA boundary). Turbine 3 sits on the boundary of the refined area, turbines 2 and 6 are approximately 200m & 300m respectively outside the refined area while turbine 5 is approximately 500m outside. Notwithstanding this, and given the 'moderate' impact on the nearby settlements of Price Town, Ogmore Vale, and the general landscape conditions in the area, the location of these turbines outside the refined area is not considered to be a significant factor in the determination of this application. Furthermore, the amended scheme for both Pant y Wal and Fforch Nest represents a positive improvement over the original proposal in landscape and visual terms.
The TACP report did however, identify that turbine 14 was the most prominent from a number of locations and recommended the removal or possible relocation of this turbine in order to reduce the overall visual impact of this wind farm. As discussed above, the applicant has confirmed that this turbine has now been removed from the scheme.
The Countryside Council for Wales (CCW) is the Government's statutory advisor on sustaining natural beauty, wildlife and the opportunity for outdoor enjoyment in Wales and is also a statutory consultee on planning applications that may impinge upon the its remit. In its response CCW has not offered any adverse observations in respect of the landscape and visual aspects of this proposal and states "It is the opinion of the CCW that the Landscape and Visual Impact Assessment (LVIA) chapter of the Environmental Statement (ES) is sufficiently detailed and reaches reasonable and appropriate conclusions in respect of the predicted landscape and visual impacts". Whilst there is acknowledgement that there will be landscape change, this is not at odds with the advice contained within national planning advice (TAN8).
Cadw is the Welsh Assembly Government's historic environment division and has indicated that there are no serious concerns regarding the impact of the proposed development on the Rhondda Historic Landscape.
The proposed access track for the development raises landscape and visual issues in itself and whilst these are not as significant as the turbines this aspect of the development must be
com_rep Page 88 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 considered. As referred to above, a separate application for a joint access track has been submitted and is under consideration. This proposal intends to remove the need for two separate tracks to serve both wind farms and the need for a lengthy access link through the Ogmore Forest to facilitate the Pant-y-Wal scheme. Notwithstanding the main landscape and visual issues described above the TACP report concludes that "it is considered essential that should the applications for these wind farm developments be granted, the applicants must ensure that each wind farm is accessed solely by means of the proposed joint access; and that no developments entail the construction or use of any separate access tracks included in the original planning applications". Members therefore should be mindful that neither proposed development may be acceptable if considered solely with regard on its own proposed access track, or indeed in respect of their combined impacts as opposed to a joint track.
Given the impacts and recommendations identified above and the TACP assessment, it is considered that there is sufficient capacity on Mynydd Maesteg for wind farm development in terms of its landscape and visual capacity. It is considered that the criteria required for wind farm development are met and the landscape and visual impacts of these proposals are relatively contained. However, there are a number of consented and proposed wind farms that will impact visually and indirectly upon this area and reinforce the "wind farm landscape" to the north and north east of the County Borough. The TACP report also recommends that subsequent wind farm proposals are reviewed with increasing scrutiny with regards those people living, working and travelling through the area.
TACP's recommendation must also be balanced against the advice in TAN8 which states "Within (and immediately) adjacent to the SSAs, the implicit objective is to accept landscape change i.e. a significant change in landscape character from wind turbine development". In this case it is considered that the landscape and visual effects as described above are insufficient to override the national planning policy presumption in favour of wind farm development in this area.
3. ECOLOGY AND BIODIVERSITY
The potential impact of the wind farm development on the ecology or biodiversity of an area as well as any effect on a protected species is a material planning consideration. Planning Policy Wales para 5.5.1 advises that biodiversity considerations must be taken into account in determining individual applications. Further advice is contained in the Draft Technical Advice Note 5 nature Conservation and Planning (TAN5). UDP policies EV18, EV19 and EV20 are also relevant.
The ES has a specific chapter on ecology and has provided an assessment on the core study area i.e. the turbine locations and the proposed access route study area. A supplementary bird report and a separate peat depth survey have also been submitted as part of the assessment. The assessment involved field surveys following advice from CCW and other consultees and is based on the following.
Extended Phase 1 Habitat survey Detailed vegetation survey around the turbine locations Winter birds survey Breeding birds survey Vantage-point survey of birds over-flying the study area Protected mammal, reptile, amphibian and butterfly survey
The consultation process also identified two Sites of Special Scientific Interest (SSSI) within 2 km of the core study area. The Darren y Dimbath SSSI is located within the Ogmore Forest to
com_rep Page 89 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 the south of the wind farm but adjacent to the internal access route. The site comprises a rich assemblage of liverworts, mosses and rare ferns. The Cwm Cyffog SSSI is located approximately 1.2 km west of the study area and is designated as a particularly good example of upland mire.
The assessment produced the following key findings and potential effects.
* The vegetation of the wind farm area is dominated by unimproved and semi improved acid grassland, surrounded to the north, east and south by mature conifer plantations.
* Within that grassland area, lie smaller areas of wet and dry heath, bogs, and areas of bracken.
* Within the southern access corridor, well established hedgerows generally form boundaries along the fields.
* The winter bird population is very small.
* The study area does not support any breeding populations of birds sensitive to wind farms, but there are more general populations of breeding birds.
* No suitable habitats for amphibians lie within the site.
* The site is too open, with little attractive habitats for bats.
* No evidence of water vole, brown hare or reptiles was observed.
* There is a Badger sett in proximity to southern access track.
* Areas of dry heath, wet heath and bracken occur within the acid grassland, which provide habitats for birds and invertebrates.
* Several areas of modified bog of high local nature conservation value also occur.
* Direct impacts can be avoided via careful siting of turbines.
* No direct impact on SSSI within Ogmore Forest.
* A few short lengths of hedgerow would be removed by the southern access track.
* Overall impacts on habitats considered to be minor/ negligible.
* Overall impacts on birds considered to be minor/negligible.
* Overall impact on other fauna considered to be negligible.
The ES suggests that a number of mitigation measures to off set any impact from the development such as locating the turbines to avoid interference with modified bog and wet heath. Also, the developer will carry out an enhancement to existing vegetation and habitats such as the reduction of grazing and or selected land exposure in order to increase species diversity of acid grassland as well as the restoration of dwarf shrub heath, extend the period of ecological monitoring and period of aftercare for the duration of the operational phase, the restoration of existing dilapidated stone walls and protection of hedgerows, other specific
com_rep Page 90 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 habitat creation measures such as the creation of reptile and amphibian friendly features, and the utilisation of scrub cuttings to construct habitat piles to provide additional faunal habitat and cover. The hedgerows will be surveyed in advance of track construction to minimise losses of vegetation and the track would be aligned so that it would be a minimum of 30m from identified badger sett.
The overall conclusion in the ES is that the development would give rise to minor effects to grassland and breeding birds, but negligible effects on other interests. The mitigation measures suggested would minimise the effects and introduce ecological enhancements. The preparation and use of an ecological management plan would ensure that ecological interests are safeguarded, and the mitigation and enhancement measures are fully implemented.
The County Borough Ecologist has not raised any objections to the proposals and indicates that the mitigation measures outline in the supplementary bird report makes a number of useful recommendations that may be controlled by way of a condition if planning permission is approved.
The Countryside Council for Wales (CCW) in its consultation response has not offered any objections to the scheme subject to the incorporation of suitable mitigation and monitoring measures into any scheme and some further survey work being carried out in particular with regard to locations of breeding nightjar and reptiles. It is also noted that the ES recommends that all construction work with the potential to disturb birds is to be carried out between September and March in order to avoid the bird breeding season.
CCW has however, highlighted some concerns regarding the potential impact on the Darren y Dimbath SSSI from the forestry track upgrading. CCW also advise that there may be other impacts on the natural environment associated with the upgrading and use of the 7.2 km forestry track. As referred to above there is a separate application for a joint access track currently being considered, which would remove the need for this length of internal forest track. Both applicants have indicated that they are prepared to enter a legal agreement to prevent use of the individual access including this internal track. Members are therefore made aware of the potential environmental concerns associated the individual access.
The Royal Society for the Protection of Birds (RSPB)has indicated that available evidence suggests that wind farms can harm birds in three possible ways i.e. disturbance, habitat loss or damage (both direct or indirect), and collision. However, if wind farms are located away from major migration routes and important feeding, breeding and roosting areas of those bird species known or suspected to be at risk, there is a strong possibility that they will have minimal impact on wildlife. The RSPB has recently published a report entitled Positive Planning for Onshore Wind Expanding Onshore Wind Energy Capacity While Conserving Nature. The report concludes that wind power has a significant role to play in the UK's fight against climate change and with the right strategic approach and planning safeguards, it can be expanded without significant detrimental effects on birds of conservation concern or their habitats. "Evidence from several European countries, including parts of the UK, shows that it is possible to plan onshore wind farms, without significant and unnecessary damage to wildlife." No adverse observations have been received from the RSPB.
Whilst there may be examples of protected species being present within the area to be developed, including Red Kite and other birds of prey, the majority of the site has a minimal ecological value and the submitted environmental information has adequately demonstrated that subject to suitable mitigation measures, that there will be no adverse impact on any protected species or any environmental or ecological interests. It is considered therefore that the proposal does not conflict with national or local policy with regards to ecology or nature
com_rep Page 91 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 conservation.
Further environmental information was submitted in respect of the potential impact on Blackmill Woods Special Area of Conservation (SAC), which lie to the south-west of the main wind farm sites. Concern was raised that the internationally designated SAC would be susceptible to the pollutants from passing vehicles and/or physical impacts from large loads using the main roads in order to gain access to the site. If theses impacts were considered sufficiently adverse then screening for Habitat Regulations Assessment or Appropriate Assessment would be required.
The additional information describes the potential sources of pollution to include an increased risk of groundwater contamination and an increase in airborne pollution; both could potentially arise due to increased volumes of heavy traffic on the A4061 during the construction period. Whilst measures will be in place to prevent contamination of the groundwater, should such an incident occur, there is no perceived risk of contaminated groundwater affecting any part of the SAC as all parts of the SAC lie on ground that is higher than the section of the access route that bisects the SAC. Where the route rises to a higher elevation in the east, any contaminated groundwater would drain into the Ogwr Fawr and then pass between the two SAC blocks at a lower elevation, having no potential to adversely affect them. Thus there are no perceived risks concerning contaminated groundwater adversely affecting the SAC from development traffic. The production of aerial pollutants from diesel fumes or dust resulting from the temporary increase in road traffic during the construction phase is not considered to be sufficient to produce any significant adverse impact to the SAC habitats or species. The increase in road traffic during the operational phase is negligible and will therefore have no significant effect.
The report goes on to indicate that the main type of adverse effect that could potentially arise from physical impacts is damage caused by oversized loads to roadside tree trunks and/or overhanging branches. A detailed examination of the SAC boundary shows that the section of the access route along the A4061 which bisects the SAC, does not in fact come into direct contact with any part of the SAC. The closest point that the route approaches the SAC is at the south-western edge of Blackmill village where the road approaches within 32m of Allt-y-Rhiw, this being the southern woodland block. The majority of the remaining part of the northern boundary of this block of the SAC is generally some 80m from the road. Coed Tal-y-fan, the northern woodland block of the SAC, is on the opposite side of the A4061 and its southern boundary runs roughly parallel to the road at distances between 110m and 260m. When considering the distances involved, even the largest loads will not be capable of causing physical damage to the SAC habitats or species.
In view of the above it is considered that there is unlikely to be any significant environmental impact on the SAC and it is unnecessary to carry out Habitat Regulations Assessment or Appropriate Assessment screening in this case.
4. NOISE
Noise is a material consideration in the determination of wind farm applications and forms a major part of the submitted environmental statements for both the Pant-y-Wal and Fforch Nest schemes. As well as potential noise generation from the individual wind farm the cumulative effect of both the Pant-y-Wal and Fforch Nest wind farm proposals must be taken into consideration. In view of this a cumulative noise assessment has also been submitted as part of the noise chapter of the ES.
National planning advice is contained in Planning Guidance (Wales) Planning Policy, Planning
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Guidance (Wales) Technical Advice Note (Wales) 8: Renewable Energy (TAN 8) and Technical Advice Note (Wales) 11: Noise (TAN 11). UDP policies EV27 and EV28 relating to noise are also relevant.
The relevant guidance document to assess wind farm noise is ETSU-R-97. The Assessment and Rating of Noise from Wind Farms (1996). This provides a framework for the measurement of wind farm noise limits to offer a reasonable degree of protection to wind farm neighbours, without placing unreasonable restrictions on wind farm developers or local authorities and is endorsed by TAN8.
TAN 8 advises at Paragraph 2.14 that: "Well designed wind farms should be located so that increases in ambient noise levels around noise-sensitive developments are kept to acceptable noise levels with relation to existing background noise. This will normally be achieved through good design of the turbines and through allowing sufficient distance between the turbines and any existing noise sensitive development. Noise levels are generally low and, under most operating conditions, it is likely that turbine noise would be completely masked by wind generated background noise."
TAN 8 goes on to discuss the noise sources found within wind turbines. These may be summarised as follows:
1. Mechanical Noise: generated by the gearbox, generator and other parts of the drive train which can be radiated as noise through the nacelle, gear box and tower supporting structures. Careful design at the development stage of a wind turbine can eradicate this source of noise such that most modern wind turbines do not exhibit tonal noise within the measured/audible noise emissions.
2. Aerodynamic Noise: generated by the action of the rotating blades of the turbine as they pass through the air. The level of noise from the source is determined by the speed of the blades as they pass through the air. This in turn is determined by the rotor diameter and the rate of rotation. Tip designs for blades have improved resulting in reductions in high frequency noise emissions from this source.
As part of the assessment measurements of existing background noise levels at 8 noise sensitive properties and settlements in the general vicinity of the site were carried out. The measurements were considered to be representative of the noise conditions at other dwellings and were used to set limits for 'quiet' daytime noise levels, within a range of 35 dB to 40 dB. The limits for night time (sleep disturbance) were set at 45dB, which equates to internal noise level of 35dB with windows open, and 25dB with windows closed. The limits were compared to predicted noise levels associated with the wind farm at various wind speed conditions, based upon a worst case assumption and type of turbine.
The assessment indicated that the predicted internal noise levels will be below recognised sleep disturbance levels at most properties and internal night time (sleep disturbance) levels at Evanstown are unlikely to reach 32dB with windows open (during wind speeds of 20mph+), which remains below the 'reasonable design' guidance.
In this case the proposed Fforch Nest Wind Farm must be considered along with the contiguous Pant-y-Wal scheme for the purposes of calculating noise levels as for al intents and purposes they will be operating as a single wind farm in noise terms. The Group Manager Public Protection has offered no adverse observations regarding the methodology and findings of the noise assessment although there were some initial concerns regarding the impact on some properties in Evanstown from the Pant-y-Wal scheme. However, this has been mitigated
com_rep Page 93 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 by the removal of turbine 14 and both wind farm developers have agreed to accept a noise limit of 37dB(A) or 2dB(A) above background noise limits. This will result in a cumulative noise limit of 40dB(A) which is within limits recommended in ETSU-R-97 and can be controlled by way of planning conditions.
The issues of 'aerodynamic modulation of wind turbine noise' and associated 'vibro-acoustic disease' has been raised by an objector. The term aerodynamic modulation (AM) indicates aerodynamic noise from wind turbines, but with a greater than normal degree of regular fluctuation at blade passing frequency, typically once per second. Reference is made to a report by Salford University in 2007 on behalf of the then DTI, the aims of this study was to ascertain the prevalence of AM on UK wind farm sites, to try to gain a better understanding of the likely causes, and to establish whether further research into AM is required. This included a survey of local authorities with wind farms in their areas and further investigation of sites for which AM was identified as a factor.
The executive summary of this report states "The results showed that 27 of the 133 wind farm sites operational across the UK at the time of the survey had attracted noise complaints at some point. An estimated total of 239 formal complaints have been received about UK wind farm sites since 1991, 152 of which were from a single site. The estimated total number of complainants is 81 over the same sixteen year period. This shows that in terms of the number of people affected, wind farm noise is a small-scale problem compared with other types of noise; for example the number of complaints about industrial noise exceeds those about wind farms by around three orders of magnitude. In only one case was the wind farm considered by the local authority to be causing a statutory nuisance. Again, this indicates that, despite press articles to the contrary, the incidence of wind farm noise and AM in the UK is low".
The report goes on to say that "AM was considered to be a factor in four of the sites, and a possible factor in another eight. Regarding the four sites, analysis of meteorological data suggests that the conditions for AM would prevail between about 7% and 15% of the time. AM would not therefore be present most days, although it could occur for several days running over some periods. Complaints have subsided for three out of these four sites, in one case as a result of remedial treatment in the form of a wind turbine control system. In the remaining case, which is a recent installation, investigations are ongoing"
The then DTI saw fit to conclude that it would not fund any further investigation into the incidence of AM due to the relatively few incidents reported and the inconclusive results published in the report. However, the objector has referred to the conclusion of the report which states "The low incidence of AM and the low numbers of people adversely affected make it difficult to justify further research funding in preference to other more widespread noise issues. On the other hand, since AM cannot be fully predicted at present, and its causes are not fully understood we consider that it might be prudent to carry out further research to improve understanding in this area".
Notwithstanding this, the Government position remains that extant planning advice including TAN8 and ETSU-R-97 should continue to be followed for the assessment of noise from wind farms.
Also, a small number of representations have been received, which also question the suitability of ETSU-R-97 in assessing noise in relation to wind farm proposals, these include articles from technical journals and publications and an extract from the House of Lords Economic Affairs Committee Inquiry into "The Economics of Renewable Energy". In this extract Dr. P A W Bratby questions the use of ETSU_R-97 and central government policy on renewable energy.
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Members are advised that the planning determination procedure is not a suitable forum to discuss the merits of nationally recognised advice and that the application should be determined in accordance with national and local policy. Furthermore there is no evidence that the issue of aerodynamic modulation of wind turbine noise and associated vibro-acoustic disease is a problem within this development and as such is not a material factor in the determination of this application.
5. ACCESS, TRANSPORTATION AND HIGHWAYS.
The main transport implications for this development will be associated with the movements of commercial vehicle heavy goods vehicles (HGVs) to and from the site during the construction phase. Access to the site would be gained via the A4093, predominantly from M4 junction 34 and the A4119, the routes form part of the strategic road network, and are already subject to frequent HGV movements. The abnormal loads carrying turbine components would travel form the west via M4 junction 36 and the A4061. The development will also require deliveries of plant, equipment and roadstone for the access tracks, ready mixed concrete for turbine bases, and mobile cranes to erect the turbines. Once operational there would be minimal amount of traffic associated with the maintenance and repairs. The access onto the A4093 will be directly adjacent to Chapel House with the access track e positioned on higher ground approximately 100m to the north of Cae Rosser and Cae Rosser Isaf and approx. 200m to the south of Pantycornant Farm. It is possible that these residential properties will experience some disruption to amenity during the construction phase although this will be relatively short lived and during the operational phase there will be very little regular traffic. It is not considered that the impact on these dwellings is so significant so as to warrant refusal on these grounds.
These issues are covered in some detail in the ES which identified the following potential effects:
* Traffic would be generated over a 7 month period commencing with the delivery of plant in month 1; roadstone for access tracks and crane areas in months 2 and 3; concrete for foundations in months 3-5; turbine delivery in months 4 5; and removal of plant in months 6-7.
* Maximum vehicle flows are anticipated in month 3, with an average of 125 trips (both ways) on days not involving concrete deliveries. On 11 days spread throughout months 3, 4 and 5, when concrete is being delivered, flows would be 126 trips (both ways)
* During the maximum flows (month 3) the development would increase HGV traffic flows on the A4093 by approximately 14%.
Mitigation measures would include the installation of wheel wash facility at the site entrance to avoid vehicles carrying mud onto the public highway, deliveries of abnormal loads to be timed for quiet periods, with police escort if appropriate, specific travel routes and timed periods to and from the site to be defined for delivery vehicles and the implementation of a Traffic Management Plan to regulate overall vehicle movements.
The Head of Street Scene has offered no highway objection subject to conditions. In a separate response the Rights of Way Officer has submitted observations regarding the implementation of the internal access tracks with regards to the rights of way network.
As referred to above, there are a number of environmental and visual concerns regarding the use of two individual access routes to serve the Pant-y-Wal and Fforch Nest schemes. A separate application (P/08/962/FUL) for a joint access track has been submitted and is under consideration at this Committee. This proposal intends to remove the need for two separate
com_rep Page 95 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 tracks to serve both wind farms and the need for a lengthy internal access link through the Ogmore Forest to facilitate the proposal. This element of the scheme raises a number of ecological and visual issues as described above. If both wind farms applications and the joint access tracks are approved then each developer is prepared to enter a legal agreement that would preclude the use of the individual access tracks in their respective schemes. This is the preferred option in the interests of visual amenity, ecology and highway safety and this is reflected in the recommendations of the individual reports. As it stands therefore the individual access for this proposal is not considered to be acceptable.
6 TOURISM
The impact of a development on the economy of the area including tourism may be regarded as a material planning consideration. In this case the ES has not identified any adverse impacts and has concluded that the area is not a major tourist destination.
The British Wind Energy Association (BWEA) has produced a report entitled 'The impact of wind farms on the tourist industry in the UK' for the All-Party Parliamentary Group on Tourism in May 2006. The report highlights a number of surveys undertaken with regard to the impact of wind farms on tourism some of which are summarized as follows.
'Investigation into the potential Impact of Wind Farms on Tourism in Wales', for Wales Tourist Board, 2003.
WTB commissioned NFO to carry out a study to establish the impact (both positive and negative) that the existing/proposed/anticipated development of wind farms in Wales (onshore and offshore) is likely to have on tourism in Wales.
General reactions: 78% of all respondents had a neutral or positive view on wind farm development 21% had a negative view 68% would be interested in attending a visitor centre at a wind farm development 68% said it would make no difference to their likelihood to take holidays in the Welsh countryside if the number of wind farms increased. Most respondents were in principle supportive of renewable energy and the development of wind farms in Wales. However, the general view was that wind farms should be very carefully sited and not in areas which were deemed to be particularly sensitive to their development. There were variations in the explanation of what constitutes a 'no-go' area with some organisations more explicit than others in their definition. Nevertheless, there was general consensus that they should be located outside of designated areas (e.g. National parks and Areas of Outstanding Natural Beauty, Sites of Special Scientific Interest) and in areas in which the visual and environmental impacts would be minimised.
'The Impacts of wind Farms on Tourism in Wales', a thesis undertaken for the Wales Tourist Board (WTB) in 2001
Key conclusions:96% of the respondents would not be put off visiting Wales if more wind farms were to be developed, almost 70% would visit a wind farm if an information centre was built. There is not a large difference in opinion on wind farms between people that have seen a wind farm during their stay and people who have not. Most people believe that their contribution to renewable energy outweighs their impact on the landscape.
Robertson Bell Associates, Taff Ely Residents Survey, December 1997.
It is generally felt by the majority of residents (68%) that the number of people visiting the area has not been affected, but of those who thought there had been some effect, many more say
com_rep Page 96 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 that visitor numbers have increased (15%) than have decreased (1%).
Notwithstanding the above there appears to be a lack of recent empirical evidence that would suggest that a wind farm would have either a negative or positive impact on tourism in an area.
In some appeal cases the Planning Inspector has not considered this aspect as a planning matter. In the Public Inquiry into the Whinash wind Farm in 2005 the Inspector stated:
"Concerns have been expressed about the possible impact of the turbines on tourism; but, despite the construction of wind farms in various parts of the country, there is no cogent evidence to show a resulting reduction in visitor numbers. Indeed, Cornwall and Cumbria have the largest concentration of wind farms of any of the counties in England, yet, in both cases, the numbers of visitors attracted have increased since the turbines were erected ...... It should also be noted that some respondents to the survey undertaken for the Cumbria Tourist Board considered that the wind farm would be an additional attraction."
UDP Part I Policy 10, and Part 2 Policies TM1 and RC10 (12 & 13) promote appropriate rural tourism opportunities and encourage the use of the Cwm Dimbath and Cwm y Fuwch areas for informal recreation purposes respectively. In this respect the upland and forestry areas of the County Borough have many opportunities for tourism and informal recreation that are not currently being fully realised, whereas it is recognised that for a great many people the ability to walk, sit, look at a view, to picnic, or simply visit places as their main enjoyment of the countryside, which can contribute greatly to personal health and well being. The upland areas of the County Borough are also being increasingly used for popular outdoor sports activities such as hang gliding etc. and are a tourism attraction in their own right.
The Group Manager Countryside and Tourism has not offered any adverse observations on the proposals, but comments that "The case for renewable energy in UK is, without doubt, worthy of support. However, this support has to be tempered by balancing the visual impact and resultant impacts on the economy and tourism in a local area." Reference is made to research carried out by Visit Scotland on the effect of wind development on tourism. The report concludes that over three quarters of respondents were either supportive or neutral towards wind farm development. Further to this the Welsh Tourist Board has issued a policy statement (2004) regarding onshore wind as follows:
'The Wales Tourist Board considers the introduction of commercial wind turbines and wind turbine power stations in primary designated areas to be inappropriate unless it can be demonstrated that because of their setting, design and scale, the proposals will have no adverse impact on the landscape.
The Wales Tourist Board will not support proposals for development on sites that are highly visible from designated areas if they are inappropriate in terms of scale, design and setting. Elsewhere, proposals should demonstrate that there will be no detrimental effect on tourism.'
Designated areas are defined as National Parks and Areas of Outstanding Natural Beauty. It should be noted that the policy statement was issued prior to the introduction of TAN 8 and the designation of Strategic Search Areas. In this case (as referred to above) it is not considered that there will be any adverse impact in terms of landscape or visual amenity and the site is not readily visible from any designated areas.
It should also be noted that the adopted UDP Policies 10, TM1, and RC10 (12 & 13) and TM1 are generally 'promotional' in their character; the adopted UDP does not contain a policy, as such, to protect existing rural tourism in the County Borough, whereas Policy RC3 offers
com_rep Page 97 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 protection to existing or proposed formal or informal recreational facilities against development which would adversely affect them. Therefore, it is considered that the proposals are in accord in principle with the adopted UDP Policies quoted above.
7. SHADOW FLICKER
Shadow flicker is a phenomenon that describes the effects of rotating wind turbine blades casting moving shadows that can cause a flickering effect affecting residents living nearby. Shadow flicker occurs when a particular combination of conditions coincide in specific locations at particular times of the day and year. It happens when the sun is low in the sky and shines on a building from behind a turbine rotor. This can cause the shadow of the turbine blades to be cast onto the building, which appears to flick on and off as the turbine rotates. When this flicking shadow is viewed through a narrow opening it is known as shadow flicker.
Shadow flicker only occurs in relative proximity to sites, if a person is stationary in a building, for example, shadow flicker can result in a momentary reduction of the intensity of natural light. If the regular changes in light intensity levels are high, then the shadow flicker may cause a nuisance. The distance between a wind turbine and a potential shadow flicker receptor affects the intensity of the shadows cast by the blades, and therefore the intensity of flickering. Shadows cast close to a turbine will be more intense, distinct and 'focused'. This is because a greater proportion of the sun's disc is intermittently blocked. Similarly, flickering is more intense if created by the area of a blade closer to the root and further from the tip. At a distance of 10 rotor diameters (equivalent to 400 to 800 metres) a person should not perceive a wind turbine to be chopping through sunlight, but rather as an object with the sun behind it. This limits the zone of potential shadow flicker and normally there are no habitable buildings in these zones.
Developers can calculate the extent of this effect using the geometry of the machine and the latitude of the potential site. A shadow's intensity falls with increasing separation distance non- linearly, and more rapidly at first, while the human response to light levels is also non-linear. For example, during a solar eclipse or at sunset, a large proportion of the sun must be blocked before a perceptible change in light level occurs. This further reduces the perception of shadow flicker.
The ES has concluded that there would be no adverse effect in terms of shadow flicker due to the distance of the properties from the turbines. However, if it is experienced then it would be possible to turn off the offending turbine at appropriate times of the day.
It is not considered therefore that this issue would result in an adverse impact on nearby residential properties
8. ELECTROMAGNETIC INTERFERENCE.
Wind turbines can cause electro-magnetic interference (EMI) in two ways: Interference that 'scatters' signals and can lead to a phenomenon called 'ghosting' on television screens and interference, caused to communications equipment, such as mobile phones.
Where interference to television reception is predicted developers are frequently required to enter into legally binding agreements to rectify any problems. In the majority of cases developers have been able to remove the interference. Interference on communication systems are considered to be negligible as these are more easily avoided by the wind farm design following consultation with the relevant bodies.
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In this case the ES has not identified any adverse impacts and has indicated that extensive consultation had been carried out with organisations that may be affected by electromagnetic interference with no objections received. The applicant has confirmed that any problems encountered will be addressed and rectified although any impact on analogue TV signals will be short lived as the UK moves over to a digital service. Whilst wind turbines can also affect digital signals, the absence of any objections from the providers would suggest that this will not be an issue in this area.
9. GEOLOGY, GROUND AND SURFACE WATER
The issue of ground instability has been raised in the objections. Planning Policy Wales, para 13.5.1 indicates that the responsibility for determining the extent and effects of any ground instability or risk rests with the developer. It is therefore for the developer to ensure that the land is suitable for the development proposed. Policy UNS1 of the UDP is also relevant.
In this case the ES indicates that the study area contains clay and peat in certain areas, overlying a bedrock of Pennant Sandstone. The sandstone is underlain by the Coal Measures, which have undergone mining beneath the site. The site lies within a minor aquifer (groundwater storage area) associated with the Coal Measures, but no ground water abstraction licences exist within the study area. Surface water from the study area drains via tributaries into the Ogwr Fach. The Dyfolog recorded land slip site lies approximately 300m to the west of Evanstown but does not lie within the site itself. It should be noted that the ES for the adjacent Fforch Nest scheme has identified a number of geological faults in the area that may impact on that scheme. However, as the applicant has indicated that suitable ground investigation reports will be undertaken prior to development this is not considered to be an issue in this case.
The potential effects of the development are indentified as in the ES as follows:
* Geological constraints i.e. the occurrence of peat (bog) within the study area, potential for instability associated with previous mining, and the presence of steep slopes and potential for landslip.
* Surface water effects arising from increased run-off during construction of access track and excavation of turbine foundations.
* The potential for spillage of concrete residues and fuel.
* Drainage /interference of near surface ground water table during excavations.
In overcoming these concerns the applicant has designed the layout of the turbines in order to minimise potential geological and surface/ ground water effects. The presence of peat and marshy ground has resulted in the relocation of certain turbines and the realignment of the access track and excavations will be positioned away from known peat /boggy areas. The mined areas were considered to be at sufficient depth to minimise impact on ground surface. Boreholes will be sunk at each turbine location in order to confirm ground conditions and foundation design. Any shallow mine entries alongside the access track will be assessed as part of the access road construction. All turbines will be located at sufficient distance from steep slopes to avoid any stability issues. There would be designated areas to be identified for fuel storage and concrete truck washout.
No adverse observations have been received from the Environment Agency. It is considered
com_rep Page 99 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 therefore that the implementation of specific mitigation measures during the construction phase will ensure that any impacts will be minor and quickly controlled, with no significant negative impact. Furthermore there are no identified landslip sites recorded within the boundaries of the application site.
10. ARCHAEOLOGY
As part of the EIA a desk based assessment(DBA)and field investigation has been carried out with respect to the archaeological resource within and around the site. An assessment of the effects on the development on any Historic Landscape Areas (HLAs) was carried out. The preservation of an ancient monument is a material consideration in the determination of a planning application as indicated in Chapter 6 of the Planning Policy Wales. Policies EV43 and EV44 of the UDP are also relevant.
The study indicated that there are no designated sites of archaeological importance within the study area. However, two Bronze Age cairns lie within the study area, with a further 12 cairns in the wider locality. The DBA also identified a further 10 features of cultural heritage interest within the study area, including 7 'boundary stones'. Six of those 10 features could not be located during the field survey, and may no longer exist. Although the application site lies outside the boundaries of defined HLAs, there are 8 defined HLAs in the general locality. One of which 'Rhonnda Fawr' lies close to the northern boundary of the application site.
The report concluded that the turbines will have a visual effect on the setting of the two cairns, and on other features (if still present). However, the development would not reduce the value of the historic landscape as there would be no direct impact on the HLAs and any indirect impact would be slight. None of the 12 cultural heritage features identified within the study would be directly affected by the development. The potential for unknown below ground archaeology was considered to be low.
The Glamorgan Gwent Archaeological Trust Ltd (GGAT) concurs with the conclusions of the ES and has not offered any objections to the proposal. However, two conditions are suggested which would ensure that any unknown archaeological features located during the development are fully recorded and would implement protection measures for existing features.
As referred to above an ASIDOHL has been carried out and CADW has not raised any objections to the development in the context of the historic environment. It is not considered that the development raises any other issues in this respect and subject to conditions will not give rise to any adverse impact on any features of archaeological or historic importance.
11. RADAR AND AIR TRAFFIC CONTROL
Wind turbines may potentially have an impact on aviation activities, typically on radar systems or on low flying. The Ministry of Defence (MoD), Civil Aviation Authority (CAA) and National Air Traffic Services (NATS) have a statutory duty to safeguard certain sites and airspace from radar interference in the interests of national security and for the safe operation of passenger and military aviation - this duty was restated in the 2003 Energy White Paper. The MoD submits holding objections to all wind energy proposals within line of sight of air defence radars, unless the developer can provide evidence that it will have no impact on the radars. Any proposals within tactical training areas are also likely to raise objections. If a site falls within 30 km of a safeguarded aerodrome, the CAA generally devolves responsibility for safeguarding airspace to the aerodrome in question. In this case Cardiff Wales Airport is more than 30km
com_rep Page 100 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 from the edge of the site.
The developer has consulted voluntarily with these bodies before the formal planning application was submitted in order to identify any issues. The MOD and NATS have also been consulted as part of the application and no objections have been raised.
CONCLUSION National policy advocates the provision of wind farms to achieve targets for renewable energy provision, which is an important component of the UK's energy policy. TAN 8 seeks to achieve this by giving guidance on the locations and targets for specific areas. Development Plan policies also encourage renewable energy production providing any impacts are considered acceptable.
There can be no doubt, that this development will have a visual impact on the landscape, both from local settlements and surrounding areas. However, the fact that the wind turbines will be visible is not, in itself, a reason for refusal and TAN 8 states that land within and adjacent to the SSAs will experience a significant change in landscape character. This proposal (and the neighbouring Fforch Nest wind farm scheme submitted under P/06/1080/FUL) lies entirely within the boundaries of Strategic Search Area (SSA) F and all but 3 turbines of the proposal are located within the refined SSA as outlined in the ARUP report referred to earlier. The assessment carried out by TACP for the Council has not identified any major concerns in terms of visual or landscape effects. The report has also indicated that there is sufficient capacity in this area although any future proposals within the vicinity of the site will require careful consideration.
Whilst there are no highway safety objections to the proposed individual access track, the lower route of which is similar (but not identical) to that proposed under application P/08/962/FUL for the joint access track, there is considerable concern that the access link between the two elements of the scheme raises unacceptable ecological and landscape issues.
It is considered that this application together with the Fforch Nest scheme and joint access track proposal are acceptable subject to the conditions and clauses set out below. However, if Members were minded to approve this proposal in isolation to the other applications then additional conditions and changes to the heads of terms of the legal agreements will be required.
Subject to the conditions and legal agreement, the proposal is considered to be in accord with national and local policy and will make a significant contribution to national wind power targets. Any adverse impacts that have been identified will mainly be short term and can be addressed by suitable mitigation measures.
In reaching the recommendation below, the Authority has taken regard to the environmental information submitted within the Environmental Statement, the comments of statutory consultees on the information supplied, and the comments/observations provided by members of the public. In addition, all relevant European directives, legislation and regulations have been taken into consideration.
RECOMMENDATION (A) The applicant enter into a Section 106 Agreement to
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(1) To access the Pant Y Wal Wind farm solely by the Joint Access (Ref P/08/962/FUL)
(2) Not to implement the construction or use of the access and access track approved under planning application P/06/417/FUL
(3) Provide a Financial Security to ensure that decommissioning Works are carried following Cessation of Operation of the development.
(4) Minimise and reduce interference that the operation of the wind farm may cause to domestic television reception
(B) The Corporate Director Communities be given plenary powers to issue a decision notice granting consent in respect of this proposal once the applicant has entered into the aforementioned Section 106 Agreement, and subject to the following conditions:-
1 The permission hereby granted shall endure for a period of 25 years from the date when electricity is first exported from a wind turbine within this site, to the electricity grid network ('First Export Date'). Written confirmation of the First Export Date shall be provided to the Local Planning Authority within 1 month of the First Export Date.
Reason: In recognition of the expected lifespan of the wind farm and in the interests of safety and amenity once the plant is redundant (Policy U2 & U3 of the UDP).
2 Not later than 12 months before the expiry date of this permission, a decommissioning and site restoration scheme shall be submitted for the written approval of the Local Planning Authority. Such scheme will include the management and timing of works and a traffic management plan to address highways issues during the decommissioning period. Full restoration of the wind farm site shall be completed within 24 months of the expiry date of this permission and the site shall be decommissioned in accordance with the scheme.
Reason: In the interests of visual amenity and landscape protection and in the interests of safety and amenity (Policy U2 & U3 of the UDP).
3 If any wind turbine fails to produce electricity to the grid for a continuous period of 12 months and, if so instructed by the Local Planning Authority, the wind turbine and its associated ancillary equipment shall be removed from the site within a period of 6 months from the end of that 12 month period unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of visual amenity and to ensure that the turbines produce electricity whilst in situ and that they are removed from the land if they cease to function (Policy EV45 of the UDP.
4 No wind turbine shall be erected and no external transformer unit (if any) installed until details of the make, model and external appearance (including colour and surface finish) of the wind turbines and unit transformer housing (if any) have been submitted to and approved in writing by the Local Planning Authority. The development shall be
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carried out in accordance with the approved details.
Reason: In the interests of visual amenity and landscape protection (Policy EV45 of the UDP)
5 All wind turbines blades shall rotate in a clockwise direction.
Reason: In the interests of visual amenity and landscape protection (Policy EV45 of the UDP)
6 The overall height of the wind turbines shall not exceed 115m to the tips of the turbine blades.
Reason: In the interests of visual amenity and landscape protection (Policy EV45 of the UDP)
7 Notwithstanding any design or colour approved by the Local Planning Authority pursuant to condition 4, all wind turbines shall be of a 3 bladed configuration and shall be of a semi-matt finish and shall not display any prominent name, sign, symbol or logo on any external surfaces unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of visual amenity and landscape protection (Policy EV45 of the UDP)
8 The turbines shall not be illuminated and there shall be no permanent illumination on the site unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of visual amenity and landscape protection (Policy EV45 of the UDP)
9 Subject to the allowance for micro-siting provided in this condition, the turbines shall be erected at the coordinates indicated on the approved layout plan reference A025062\PYW02R(B) dated June 2009. Variations to the indicated position of any turbine(s) shall be permitted by up to 30 metres in any direction. A plan showing the position of the turbines as built shall be submitted within one month of the First Export Date.
Reason: To comply with the environmental assessments undertaken of the proposed development and to take account of local environmental conditions.
10 All cabling within the site shall be installed underground except where it exits the substation.
Reason: In order to safeguard the amenity of the landscape (Policy EV45 of the UDP)
11 Construction of the sub station shall not commence until exact details of the
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dimensions, appearance and external finishes of the building and the fencing and surface finish of the compound have been submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved details.
Reason: In the interests of visual amenity (Policy EV45 of the UDP).
12 No development shall take place until a Construction Traffic Management Plan has been submitted to and agreed in writing by the Local Planning Authority. The Construction Traffic Management Plan shall include proposals for construction vehicle routing, site accesses, the management of junctions to and crossings of the public highway and other public rights of way, the scheduling and timing of movements, details of escorts for abnormal loads, temporary warning signs and banksman/escort details. The approved Construction Traffic Management Plan shall be implemented as agreed in writing by the Local Planning Authority.
Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way.
(Policy T2 of the UDP)
13 Notwithstanding the provisions of condition 12 and 28, delivery of turbine and crane components may take place outside the hours specified subject to not less than two working days prior notice of such traffic movements being given to the Local Planning Authority and such deliveries first being approved in writing by the Local Planning Authority.
Reason: In the interests of highway safety and the free flow of traffic (Policy T2 of the UDP).
14 No development shall take place until a Construction Method Statement ('the CMS')has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the construction of the development shall only be carried out in accordance with the approved Construction Method Statement, unless otherwise agreed in writing by the local planning authority. The Construction Method statement shall address the following matters;
* Dust management * Temporary site illumination * Details of the phasing of construction works and the construction and surface treatment of all hard surfaces and tracks * Fuel and chemical storage: measures to ensure any fuel or chemicals from plant do not cause pollution * Environmental management: identification of mechanisms to ensure awareness of relevant environmental issues during pre-construction, construction and pre- decommissioning including details of emergency procedures/pollution response plans * Track construction: including the laying of underground cables alongside tracks, materials proposed and track reinstatement * Pollution control: protection of water courses and ground water and soils, bunding of
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fuel storage areas, sewage disposal and discharge of foul drainage including proposals for off-site water quality monitoring * Exclusion fences: including marking off a buffer zone of at least 20m between the edge of watercourses and any proposed works * Location and details of wheel washing facilities * Cleaning of site entrances and the adjacent public highway and the sheeting of all HGVs taking spoil or construction materials to/from the site to prevent spillage or deposit of any materials on the highway * Details of the proposed temporary site compounds for storage of materials, machinery and operatives parking within the sites clear of the highway, and the restoration of the sites of the compounds within 12 months of the first commercial generation of the wind farm, to include the siting of the temporary buildings and all means of enclosure, oil/ fuel and chemical storage and any proposals for temporary lighting * Details of post-construction restoration/reinstatement of temporary working areas, including seed mixture * Construction noise management plan. The plan shall include identified access routes, locations of material lay-down areas, details of equipment to be employed, operations to be carried out, mitigation measures and scheme of noise monitoring * Vibration control * Details of turning facilities for all vehicles
Reason: In the interests of environmental protection and the minimisation of likely significant environmental effects.
15 Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least 110% of the capacity of the tank. If there are multiple tanks, the bunded compound should be at least equivalent to the capacity of the largest tank plus 10%. All filling points, vents, gauges and sight glasses shall be located within the bund. The bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework shall be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets shall be detailed to discharge downwards into the bund.
Reason: To prevent pollution of the water environment (Policy EV17 of the UDP).
16 Should any contaminated material be observed (visual or olfactory), which has not been previously identified, then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has undertaken a site investigation to determine the nature and extent of the contamination. In the event that contamination is confirmed the developer must liaise with the local planning authority on measures required to protect surface water and groundwater interests. This may include undertaking a risk assessment and derivation of appropriate remedial targets.
Reason: To protect the quality of controlled waters in the area (Policy EV17 of the UDP).
17 Nothing other than uncontaminated materials suitable for use shall be tipped on the
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site.
Reason: To prevent pollution on the water environment (Policy EV17 of the UDP).
18 No development shall take place until a surface water management plan covering water treatment and the means of drainage from all hard surfaces and structures within the site and accesses to the local highway network has been submitted to and approved in writing by the Local Planning Authority and thereafter implemented. For the purposes of this condition, 'hard surfaces' includes access tracks within the site, the substation compound, temporary construction and laydown areas, turbine pads and crane pads. The details to be submitted shall indicate the means of protecting groundwater and diverting surface water run off.
Reason: In the interests of protecting groundwater resources and preventing pollution (Policy EV17 of the UDP).
19 No development approved by this planning permission shall be commenced until a method statement has been submitted to the Local Planning Authority detailing the pollution prevention measures that would be put in place to minimise impacts on the water environment.
Reason : To ensure that the development complies with approved details in the interests of protection of Controlled Waters (Policy EV17 of the UDP).
20 No development shall commence until a scheme for the protection of Rights of Way has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include * measures to prevent flooding on footpaths from the wind farm access track; * measures to make good any damage should flooding ever occur; * details of any fencing proposed along the access track; * the provision of stiles at appropriate locations along any fenced sections of the track. Development shall be carried out in accordance with the approved scheme unless otherwise agreed in writing by the Local Planning Authority.
Reason: to protect the amenity of walkers and other users of the rights of way.
21 No barbed wire shall be used along the access track.
Reason: To protect the amenity of walkers and other users of the rights of way.
22 No development shall take place until a scheme for the Waymarking of alternative routes within the wind farm has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented as approved.
Reason: to protect the amenity of walkers and other users of the rights of way.
23 No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in
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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 any features of archaeological interest discovered during the works, in order to mitigate the impact of the works on the archaeological resource (Policy EV44 of the UDP).
24 No development shall commence until the archaeological sites identified as being in the development area in the environmental statement have been fenced to a standard agreed with the local planning authority. Throughout the development no works will be undertaken within the area surrounded by the fencing without the written consent of the Local Planning Authority.
Reason: In order to ensure that accidental damage is not caused to the archaeological sites (Policy EV44 of the UDP).
25 No development shall commence until the monuments within the application site have been fenced to a standard agreed with the Local Planning Authority. Throughout the development no works will be undertaken within the area surrounded by the fencing without the written consent of the Local Planning Authority.
Reason: in order to ensure that accidental damage is not caused to the monuments (Policy EV44 of the UDP).
26 No development shall take place until a scheme for the replanting of any hedgerows or boundary planting removed for the proposed access during construction has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented as approved. Development shall be carried out in accordance with the details.
Reason: For the protection of nature conservation interests and in the interests of visual amenity (Policies EV20 and EV45 of the UDP).
27 No development shall take place until a landscape and ecological management, mitigation and monitoring plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall be implemented in accordance with the details and programme approved.
Reason: To protect and encourage habitats in the interests of biodiversity and visual amenity (Policies EV20 and EV45 of the UDP).
28 Construction work shall only take place between the hours of 07:00 - 19:00 on Monday to Friday inclusive, 07:00 - 13:00 hours on Saturdays with no such working on a Sunday or local or national public holiday. Outside these hours, development at the site shall be limited to emergency works and dust suppression, unless otherwise approved in writing by the Local Planning Authority. The receipt of any materials or equipment for the construction of the site, other than turbine blades, nacelles, and towers, is not permitted outside the said hours, unless otherwise approved in writing by the Local Planning Authority having been given a minimum of two working days notice
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of the occurrence of the proposed event
Reason: In the interests of the amenities of the area.
(Policy EV45 of the UDP)
29 The rating level of noise immissions from the combined effects of the wind turbines (including the application of any tonal penalty), when calculated in accordance with the attached Guidance Notes, shall not exceed the values set out in the attached Tables. Each of these values shall apply to all of the properties falling within the respective areas shown on the attached plan unless otherwise agreed with the Local Planning Authority. Noise limits for any property which lawfully exists at the date of this consent but which is not covered by any of the areas shown on the plan attached shall be those of the nearest area shown on the plan unless otherwise agreed with the Local Planning Authority.
Reason: In the interests of the amenities of the area (Policy EV27 of the UDP).
30 At the request of the Local Planning Authority, following a complaint to it about noise immissions from the wind farm, the operator of the wind farm shall, if requested shut down the turbines and at its expense, employ a consultant approved by the Local Planning Authority, to measure, assess and report to the Local Planning Authority the level of noise immissions from the wind farm at the property to which the complaint relates (the 'complainant's property') following the procedures described in the attached Guidance Notes.
Reason: In the interests of the amenities of the area (Policy EV27 of the UDP).
31 Wind speed, wind direction and power generation data for each wind turbine shall be continuously logged and provided to the local planning authority at its request and in accordance with the attached Guidance Notes within 28 days of such request.
Reason: In the interests of the amenities of the area(Policy EV27 of the UDP).
32 Notwithstanding the provisions of conditions 29-31, the wind farm operator shall undertake measurements of noise levels using an appropriately qualified noise consultant during the first year of the operation of the wind turbines in a scheme to be agreed by the Local Planning Authority to demonstrate that compliance with the noise levels in condition 29 are being met. The data produced in accordance with the scheme shall be forwarded to the Local Planning Authority within 28 days of the measurements being undertaken.
Reason: In the interests of the amenities of the area (Policy EV27 of the UDP).
33 Prior to the commencement of construction of any turbine, a scheme shall be submitted to and approved in writing by the local planning authority to alleviate any shadow flicker at any residential property. The scheme shall be implemented as approved.
Reason: In the interests or residential amenity.
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34 The proposed anemometer mast shall be erected in the position shown on the approved site layout plan unless agreed in writing by the Local Planning Authority.
Reason: For the avoidance of doubt
* THE FOLLOWING ARE ADVISORY NOTES NOT CONDITIONS
The proposal is recommended for approval as it is considered to be in accord with national and local policy and will make a significant contribution to national wind power targets. Any adverse impacts that have been identified will mainly be short term and can be addressed by suitable mitigation measures.
In reaching this recommendation the Local Planning Authority has taken regard to the environmental information submitted within the Environmental Statement, the comments of statutory consultees on the information supplied, and the comments/observations provided by members of the public. In addition, all relevant European directives, legislation and regulations have been taken into consideration.
The notes, table and plan to be read in conjunction with conditions 29-31 further explain these conditions and specify the methods to be deployed in the assessment of complaints about noise immissions from the wind farm and are attached as separate appendix to this decision notice.
The developer is advised to discuss the scope and content of the landscape and ecological mitigation plan with the local planning authority as required by condition 27.
ITEM: 4 RECOMMENDATION : NO OBJECTION REFERENCE: P/06/1356/OBS
APPLICANT: NPOWER RENEWABLES LTD PER RHONDDA CYNON TAF B C SARDIS HOUSE SADIS ROAD PONTYPRIDD CF37 1DU
LOCATION: LAND AT MYNYDD PWLLYRHEBOG SOUTH OF CLYDACH VALE / NORTH WEST OF GILFACH GOCH PORTH RHONDDA CYNON TAF
PROPOSAL: ERECT 7 WIND TURBINES TO FORM PART OF THE FFORCH NEST WIND FARM ~ WITH ASSOC TRACKS MASTS & EXTRA BRIDLEWAY
RECEIVED: 26th October 2006
TOWN/COMMUNITY COUNCIL OBSERVATIONS Notified on 31st October 2006
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APPLICATION/SITE DESCRIPTION The proposal is a full application for the erection of 7 wind turbines as part of the Fforch Nest wind farm scheme. The application has been submitted to RCT CBC as the site is located within that administrative district. BCBC has been consulted as a neighbouring authority. The determination of this application and any conditions or agreements attached thereto are incumbent on RCT.
Separate application for 4 turbines and a joint access track have been submitted to BCBC under applications P/06/1080/FUL and P/08/962/FUL respectively. These applications are also under consideration at this Committee and detailed descriptions provided in the respective reports.
The wind turbines will have a tip height of 115m. The closest turbine to Evanston will be No.9 at approximately 2km.
RELEVANT HISTORY None
PUBLICITY All publicity carried out by RCT
NEGOTIATIONS None
CONSULTATION RESPONSES
Group Manager Regeneration There are varying views on the impact of windfarms on tourism and there is no definitive research thus no firm view can be given on the effects of windfarms on tourism at this stage. All consultation carried out by RCT.
REPRESENTATIONS RECEIVED None
COMMENTS ON REPRESENTATIONS RECEIVED None
APPRAISAL Members will be aware of the concurrent applications Nos. P/06/417/FUL, P/06/1080/FUL, and P/08/962/FUL, with respect to the proposed wind farms at Pant-y-Wal and Fforch Nest (and their proposed Joint Access Track) that are also being considered at this Committee.
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In view of the proximity of the wind farm proposals the above applications should be considered together with that part of the proposed Fforch Nest Wind Farm which is located within the neighbouring Rhondda Cynon Taf area when assessed in principle. This is bearing in mind that the combined effect of the proposals amounts in fact to a single large scale wind farm comprising 21 wind turbines when viewed in its proper physical, environmental, landscape, and visual context.
It is a matter for RCT to consider those elements of the wind farm proposals in the context of their own current planning policies/national planning policies pertinent to the part of the Fforch Nest wind farm that falls within that district or in regard to its wider context.
However, the relative merits of those proposals within the BCBC area have been discussed in some detail in the relevant reports and recommendations. Also, a detailed landscape and visual assessment has been commissioned by the Council, which has not identified any major concerns in this subject area. It is not considered that there will be any adverse impact on any settlements or properties within the BCB area. Any issues in terms of noise and traffic can be controlled by way of conditions and or legal agreements.
RCT have not objected (subject to conditions)to the Pant-y-Wal wind farm (P/06/417/FUL) and the element of Fforch Nest within the BCBC area (P/06/1080/FUL).
It is recommended that no objections be offered to RCT although in view of the trans-boundary nature of the site and development it is also considered that suitable joint noise monitoring conditions be added to any consent should RCT be minded to approve the application.
CONCLUSION It is not considered that there will be any adverse impact on the Bridgend County Borough area.
RECOMMENDATION That Rhondda Cynon Taff County Borough Council be informed that the County Borough Council has NO OBJECTION to this proposal although the following conditions are suggested.
1. The rating level of noise immissions from the combined effects of the wind turbines (including the application of any tonal penalty), when calculated in accordance with the attached Guidance Notes, tables and plan,(Appendix C) shall not exceed the values set out in the attached Tables. Each of these values shall apply to all of the properties falling within the respective areas shown on the attached plan unless otherwise agreed with the local planning authority. Noise limits for any property which lawfully exists at the date of this consent but which is not covered by any of the areas shown on the plan attached shall be those of the nearest area shown on the plan unless otherwise agreed with the local planning authority.
2. At the request of the local planning authority, following a complaint to it about noise immissions from the wind farm, the operator of the wind farm shall if requested shut down the turbines, and at its expense, employ a consultant approved by the local planning authority, to measure, assess and report to the local planning authority the level of noise immissions from the wind farm at the property to which the complaint relates (the 'complainant's property') following the procedures described in the attached Guidance Notes.
3. Wind speed, wind direction and power generation data for each wind turbine shall be
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