Valero Pembroke Refinery: Substation and Cable Route
Planning and Design Statement Final for issue
8 May 2019 Project No.: 0359804
The business of sustainability
Document details
Document title Valero Pembroke Refinery: Substation and Cable Route Document subtitle Planning and Design Statement Project No. 0359804 Date 8 May 2019 Version 1.0 Author David Costello Client Name Valero Energy Ltd.
Document history
ERM approval to issue
Version Revision Author Reviewed by Name Date Comments Draft 03 David Costello Sarah Goodall David Pollok 10.04.2019 For Client review Hannah Beeby Final 04 David Costello Sarah Goodall 30.04.2019 For issue Hannah Beeby
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Signature Page
08 May 2019
Valero Pembroke Refinery: Substation and Cable Route
Planning and Design Statement
David Pollok Partner
Environmental Resources Management Limited One Castlepark Tower Hill, Bristol BS2 0JA
© Copyright 2019 by ERM Worldwide Group Ltd and / or its affiliates (“ERM”). All rights reserved. No part of this work may be reproduced or transmitted in any form, or by any means, without the prior written permission of ERM
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VALERO PEMBROKE REFINERY: SUBSTATION AND CABLE CONTENTS ROUTEPlanning and Design Statement
CONTENTS 1. SUMMARY ...... 1 2. INTRODUCTION ...... 2 2.1 Background ...... 2 2.2 Report Structure ...... 2 3. THE APPLICATION SITE ...... 3 3.1 The Site ...... 3 3.2 Site Context ...... 3 3.3 Planning History ...... 3 4. THE PROPOSED DEVELOPMENT ...... 4 4.1 Outline of the Development ...... 4 4.1.1 Character ...... 4 4.1.2 Access ...... 6 4.1.3 Movement ...... 7 4.1.4 Community Safety ...... 7 4.1.5 Response to Planning Policy ...... 7 5. ENVIRONMENTAL SITE CONTEXT AND CONSIDERATIONS ...... 8 5.1 Traffic and Transport ...... 8 5.2 Ecology and Biodiversity ...... 8 5.2.1 Bats ...... 8 5.2.2 Badger ...... 9 5.2.3 Other Species ...... 9 5.3 Landscape and Visual ...... 10 5.4 Noise ...... 10 5.5 Cultural Heritage ...... 11 5.6 Ground Conditions ...... 11 6. PLANNING POLICY COMPLIANCE ...... 12 6.1 Introduction ...... 12 6.2 Principle of Development (Location and Design) ...... 12 6.2.1 Port and Energy Related Development ...... 12 6.2.2 Sustainable Development ...... 13 6.2.3 Design and Development Impacts ...... 14 6.3 Development Management Policies ...... 14 6.3.1 Traffic and Transport ...... 14 6.3.2 Ecology and Biodiversity ...... 14 6.3.3 Landscape and Visual ...... 15 6.3.4 Noise ...... 15 6.3.5 Cultural Heritage ...... 15 6.3.6 Ground Conditions ...... 16 7. CONCLUSIONS ...... 17 8. REFERENCES ...... 18
List of Tables Table 1 – Dimensions of Substation ...... 5
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VALERO PEMBROKE REFINERY: SUBSTATION AND CABLE CONTENTS ROUTEPlanning and Design Statement
Acronyms and Abbreviations Name Description CEMP Construction Environment Management Plan CHP Combined Heat and Power DNS Development of National Significance ERM Environmental Resources Management GN General Policy HRA Habitat Regulation Assessment HVAC Heating, Cooling and Air Conditioning kV Kilovolt LDP Local Development Plan LOHI Landscape of Outstanding Historic Interest (LOHI) NRW Natural Resources Wales PCC Pembrokeshire County Council PCNP Pembrokeshire Coast National Park PPE Personal Protective Equipment PPW Planning Policy Wales SAC Special Area of Conservation SP Strategic Policy SPG Supplementary Planning Guidance SSSI Site of Special Scientific Interest TA Transport Assessment TAN Technical Advice Notes TCPA Town and Country Planning Act 1990 WPD Western Power Distribution
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VALERO PEMBROKE REFINERY: SUBSTATION AND CABLE SUMMARY ROUTE
Planning and Design Statement
1. SUMMARY
Valero Energy Ltd. (Valero) is seeking planning permission under the Town and Country Planning Act 1990 from Pembrokeshire County Council to construct a substation and the lay an underground cable (the Proposed Development) at Valero’s existing Pembroke Refinery (the Refinery). The purpose of the Planning and Design Statement (the Statement) is to clearly set out the policy case for the Proposed Development having regard to the provisions of local and national policy and other material considerations. The application relates to the proposed erection of a substation to support energy intensive activities within the Valero Refinery. In addition to the proposed substation, it is also proposed to divert an existing underground 132kV cable that will connect to a metering and switchyard. The Statement concludes that the Proposed Development meets policy objectives and delivers sustainable development. The Proposed Development is considered to be appropriate to its location and meets the objectives established within Planning Policy Wales (2018) and the Pembrokeshire Local Development Plan (2013) by its nature and scale being acceptable in the context of the wider Refinery. Furthermore, no significant negative impacts or effects are predicted on the surrounding area as a result of the Proposed Development in respect of: . Traffic and Transport; . Ecology and Biodiversity; . Landscape and Visual; . Noise; . Cultural Heritage; and . Ground Conditions. In summary, the Proposed Development: . is deemed to be appropriate development in the context of its setting, scale and existing land uses;
. complies with national and local planning policies; and . will have no significant adverse environmental impacts and delivers sustainable development.
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Planning and Design Statement
2. INTRODUCTION
This Statement has been prepared by Environmental Resources Management Ltd (ERM) on behalf of Valero Energy Ltd (Valero). It accompanies an application under the Town and Country Planning Act 1990 (TCPA) to Pembrokeshire County Council (PCC) for the erection of a substation and the diversion of an existing 132kV underground cable of 300m in length.
2.1 Background The substation and associated cabling is required to support energy intensive activities within the Refinery including those of the Crude, Steam and Isomerisation and Hydrotreater process plants. In addition to the proposed substation, it is also proposed to divert an existing underground 132kV cable that will connect to a Western Power Distribution (WPD) metering and switchyard located in the south-west corner of the Refinery. These connections to/from the WPD metering and switchyard are required to reinforce the existing distribution equipment within the Refinery.
2.2 Report Structure The purpose of the Planning and Design Statement is to set out the policy case for the Proposed Development having regard to the provisions of local and national policy and other material considerations. It is structured as follows:
Section 3.0 describes the planning application site in terms of its physical context and planning history;
Section 4.0 provides details of the Proposed Development;
Section 5.0 sets out the environmental site context and considerations;
Section 6.0 sets out the planning policy context for the development; and assesses the Proposed Development against policy considerations; and
Section 7.0 provides conclusions.
The planning application is accompanied by the following planning drawings:
Planning Drawing VAL-ERM-001 - Site Location Plan;
Planning Drawing VAL-ERM-002 - Site Context Plan;
Planning Drawing 19-VAL-012-001-B– Roof plan of Substation;
Planning Drawing 19-VAL-012-002-B– Floor plan of Substation;
Planning Drawing 19-VAL-012-003-B - Existing and Proposed Elevations (North);
Planning Drawing 19-VAL-012-004-B - Existing and Proposed Elevations (South);
Planning Drawing 19-VAL-012-005-B - Existing and Proposed Elevations (East);
Planning Drawing 19-VAL-012-006-B - Existing and Proposed Elevations (West);
Planning Drawing 19-VAL-012-008 C 400 - Proposed Site Layout; and
Planning Drawing 19-VAL-012-007 C 400 - Existing Site Layout.
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Planning and Design Statement
3. THE APPLICATION SITE
3.1 The Site The Proposed Development is located for the most part within the southern extent of Valero’s existing Refinery as shown on drawing no. VAL-ERM-002. The site covers an area of 921.7m2 (see drawing VAL-ERM-001). The location of the proposed substation is on vacant industrial land within the existing Refinery. The alignment of the underground cabling goes south from a WPD compound before taking a west to east alignment passing outside of the Refinery boundary but within the Valero landholding, until it diverts northwards to connect to existing distribution equipment within the Refinery.
3.2 Site Context The existing Refinery lies immediately to the north of the Proposed Development site with the Milford Haven waterway beyond that. The existing Refinery infrastructure provides the backdrop to the site, comprising storage tanks, operational areas, pipelines, and warehouse and operations buildings. Along Milford Haven to the north of the site there are a number of significant industrial installations, many associated with the energy industry, including refineries, power stations, LNG terminals, storage terminals, docks, ferry terminals, marinas and jetties together with vacant former industrial land. The Refinery itself is bounded by a stone wall approximately 2m in height along the southern boundary with some landscaping providing a further screen beyond the exterior of the wall, part of which is within the application site. A minor road runs east-west beyond the southern Refinery boundary. The land to the south of the Refinery currently consists of an open rural landscape with farmland to east, south and west and the hamlets of Rhoscrowther and Wallaston Green. Rhoscrowther is the closer of the two settlements with the nearest property around 65m from the underground cabling route and 140m from the substation at its closest point. There are three residential properties within Rhoscrowther, only one of which is occupied. The other two properties (within Valero’s ownership) are vacant. Two former residential properties in Rhoscrowther have been converted into a bat roost, with change of use having been granted in 2017 (Planning permission reference: 16/1119/PA). The boundary of the Pembrokeshire Coast National Park (PCNP) lies 200 metres west of the application site at its closest point. The Pembrokeshire Coast Path follows the western and northern boundaries of the wider Refinery site.
3.3 Planning History There have been numerous applications for planning permission, hazardous substances consent and demolition relating to the Refinery as a whole since it first became operational in the mid-1960s. The most recent planning permission for a Development of National Significance (DNS) (Welsh Government reference APP/N6845/A/16/3163511) was granted in 2018 for “a cogeneration facility to supplement electrical power and steam demands of the refinery” on part of the Refinery site immediately to the north of the site subject to this planning application. This development comprises a ‘simple cycle’ cogeneration plant (also known as combined heat power (CHP) plant) capable of generating up to 49.9MW electrical output from the combustion of natural gas in turbine generator(s). The facility will also produce superheated steam via a heat recovery steam generator. Works to construct this development have commenced.
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Planning and Design Statement
4. THE PROPOSED DEVELOPMENT
4.1 Outline of the Development The Proposed Development consists of the erection of a substation and the diversion of an existing 132kV underground cable of 300 m in length linking a new WPD metering and switch yard to existing distribution equipment.
4.1.1 Character
4.1.1.1 Design The driving factor for the design of the Proposed Development is to ensure that the development efficiently meets the operational requirements of the Refinery, whilst seeking to minimise any environmental impact.
4.1.1.2 Layout The layout of the development has been determined by the need to meet the operational and functional requirements of the Refinery (drawing number 19-VAL-012-008 C 400 - Proposed Site Layout). The layout ensures continued access within the Refinery whilst also meeting the operational requirements of the facility. The substation and cabling route are both located within the landholdings of Valero with the majority of the development within the Refinery boundary itself as shown on drawing no. VAL-ERM-001 - Site Location Plan and drawing no. VAL-ERM-002 - Site Context Plan. The routing has been selected to avoid areas of known ecological value, which has led to the alignment of part of the cabling route lying immediately outside the Refinery’s southern boundary, but within land owned by Valero. The layout is therefore acceptable in operational design and planning terms.
4.1.1.3 Scale The substation plant and other related elements are housed within a 3.7m high building on a 2.3m high understructure support, with a total height of 6m. The scale of the development of the development with over roof hangings and stair landings is 8.45m wide and 21.5m long. The dimensions of the substation building are 6m in height with a width of 5.22m and a length of 17.5m. The building has an external floorspace of 91.35 m2 (ref: drawing no. 19-VAL-012-002-B). The supporting understructure of the substation is 2.3m high. The understructure is 5.22m wide and 17.5m long. There are two sets of stairs, one each on the north and the south elevations, each with an elevation of 2.30m, a length of 3.23m and a width of 0.90m. Table 1 outlines the maximum dimensions for the main elements of the proposed substation as shown in the following elevation drawings: . 19-VAL-012-003-B - North; . 19-VAL-012-004-B – South; . 19-VAL-012-005-B - East; and . 19-VAL-012-006-B – West.
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Planning and Design Statement
Table 1 – Dimensions of Substation
Element Height/Elevation (m) Length (m) Width (m)
Understructure Support 2.30 17.50 5.02
Substation Plant 3.70 17.50 5.22
Stairs/Landing 2.30 3.23 0.90
Roof hanging n/a 0.77 0.18
Overall Substation 6.00 21.50 8.45 building including roof hangings and stair landings
The cable will measure 300m in length and will be grounded approximately 2m below the surface. The physical scale of the Proposed Development in relation to the existing Refinery is minor. The substation is of a considerably smaller scale than much of the surrounding Refinery infrastructure and is deemed to be of an appropriate scale and acceptable in design and planning terms.
4.1.1.4 Appearance Substation The appearance of the substation reflects its functional requirements. It is a steel building which will have an external paint finish of a light peach colour (BS4800 06-C-33). This is consistent with the colour of other electrical buildings on the Refinery site. The paint properties will be in accordance with ISO 12944-5: 2007 with corrosivity category C5 Marine (medium). The details of the appearance of the elevations of the substation are provided on the following planning drawings:
. 19-VAL-012-003-B - North; . 19-VAL-012-004-B – South; . 19-VAL-012-005-B - East; and . 19-VAL-012-006-B – West. The following material specifications will be used for the substation:
. External wall cladding – 14 SWG / 2mm thick steel sheet (Zintec); . Floor plate – 5mm thick mild steel plate; and . External roof cladding – 14 SWG / 2mm thick steel sheet (Zintec). All external fasteners will be stainless steel. The substation will be accessed by four doors, namely: . double doors for accessing equipment on the south elevation. The double doors will be 2.00m high and 1.80m wide with removable over door transom and a clear door aperture;
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Planning and Design Statement
. single door with a single clear aperture window for personnel access on the north elevation, 2.10m high by 0.90m wide; and . double access door (each 2.00m high and 1.80m wide) on the north and south elevations of the understructure support. Understructure The understructure will be accessed by two doors, comprising double access door (each 2.00m high and 1.80m wide) one each on the north and south elevations of the understructure support. All of the above door furniture consist of the following components:
External door handles constructed in stainless steel;
Lever operated c/w Euro-profile cylinders and three keys;
Internal and external pull handles constructed in stainless steel;
Door stay (Bradgate standard BCL – DS -01); and
Door hinges constructed in Furgocar 304 stainless steel. The building will be ventilated by four vents on the east elevation and a high level hooded air inlet and a high level hooded air extractor vent on the west elevation. In addition there are two heating, cooling and air conditioning (HVAC) units on the southern elevation and one on the northern elevation. It is considered that the appearance of the proposed substation is appropriate within the wider Refinery context. Cable Once the cabling has been laid and the ground reinstated to its original condition the cabling will no longer be visible and its appearance is not a material planning consideration.
4.1.1.5 Landscaping No additional landscaping or biodiversity features are proposed as part of the development. Following laying of the underground cabling route during the construction period the land will be made good to existing ground levels and reinstated to its original condition, i.e. grazing field and grassed road verge. The reinstated land will be seeded to grass. The area of cabling that is being laid beneath hard standing during the construction period will be made good to existing ground levels and the hardstanding reinstated. The existing cable route will also be made good to existing ground levels and reinstates to its original condition, grazing field that will be seeded with grass.
4.1.1.6 Lighting Suitable indoor illumination will be provided throughout the Proposed Development to facilitate normal operation and maintenance activities as well as for safety. No additional external lighting is proposed as part of the Proposed Development and illumination will be provided by existing lighting on site. No lighting will be required during the construction phase. Stand-by emergency lighting will be provided where necessary.
4.1.2 Access The Proposed Development will be accessed from the existing internal road network within the Refinery. There will be no public access to the site and access will be strictly controlled in accordance with existing Refinery protocol.
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Planning and Design Statement
4.1.3 Movement During construction, movement within the site will be controlled as necessary. The Refinery has considerable experience of managing movement within the site as it has regular maintenance scheduled that requires access to be restricted to certain parts of the site at certain times. Once operational, movement within the site will not be affected by the Proposed Development.
4.1.4 Community Safety Community safety will be ensured by the location of the Proposed Development, which is wholly within the Valero landholding. In addition, temporary fencing will be constructed during the laying of the cabling route to prevent public access. The existing permanent fencing will not be affected. Other appropriate safety measures will be implemented if necessary. Neither the construction works nor the operational plant will be accessible to visitors without prior approval and each visitor must undergo a mandatory induction and be provided with appropriate Personal Protective Equipment (PPE) before they are allowed on site.
4.1.5 Response to Planning Policy An assessment of the extent to which the Proposed Development complies with relevant national and local planning policy is set out in Section 6 of this Statement and it is considered that the design of the Proposed Development is appropriate to its function and setting and it complies with policy both at the local and national level.
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Planning and Design Statement
5. ENVIRONMENTAL SITE CONTEXT AND CONSIDERATIONS
The Proposed Development is located entirely within the existing Valero landholding, with the majority being within the existing Refinery boundary. The Refinery itself is set in a rural location, close to Milford Haven Estuary and the Pembrokeshire Coast National Park. There are no designated sites covering or protected assets within the planning application site.
5.1 Traffic and Transport Due to the remote location of the Refinery, the site access road and local highway network in the immediate vicinity of the site is generally made up of rural roads with limited daily traffic flows. The majority of traffic travelling to and from the Refinery utilises the A477, accessing the A477 from the local distributor routes including the B4320, B4139 and A4075 through the eastern end of Pembroke. There are four vehicular entrances to the Refinery from the main approach road. The first is for use by contractors for parking, the second is the only access to the Refinery itself for use by all vehicles entering and leaving the Refinery including road tankers and construction traffic. The third and fourth entrances further to the northwest along this road are the administration entrances and are only used for people working in Valero’s offices. Overall, the Proposed Development sits well within the existing Refinery uses and will have only a minor temporary adverse impact on traffic levels in the local area during construction. The Proposed Development will not generate any additional commuter traffic once it is operational. No new car parking or road access are proposed as part of the Proposed Development. Employees and contractors will continue to park in the designated parking areas, and access within the site will continue to be restricted as per existing operations. The Proposed Development will not generate new transport movements once it is operational and there will be no adverse impact on the local transportation network and related accessibility once operational. Therefore, it is considered that there are no grounds for refusal on highways and transport grounds.
5.2 Ecology and Biodiversity An embankment of soil was created some 40 years ago on the south-eastern side of the Refinery. This screens the Refinery from views from the south. Trees and dense thickets of scrub and bramble have established on the embankment which is steep sided with loose soil. The wooded embankment has developed as an area of habitat for various species including bats and badgers. The embankment is situated to the south of the Cogen development and to the north of the proposed cabling route works. While the cabling route will be directionally bored through the embankment rather than being laid on the surface, and located in close proximity to the southern toe of the embankment, the impacts upon it will be temporary in nature and reversible, this is due to the manner in which the cabling is being laid as well as the nature of the habitat being lost. Once the ground levels have been restored and reseeded, no long term impacts or effects are expected to occur as a result of the Proposed Development.
5.2.1 Bats Bat surveys were carried out in 2017 following Extended Phase 1 Habitat survey that informed the planning application for the Cogen development application APP/N6845/A/16/3163511. The surveys identified a lesser horseshoe bat roost within an electrical substation building in the wider Refinery site. The lesser horseshoe bat roost in the substation has since been closed under licence and a new mitigation roost established at Rhoscrowther, approximately 40m from the embankment. Monitoring of this roost continues. The trees within the wooded screening embankment were considered to have ‘negligible’ bat roost potential. Activity surveys in 2017 recorded low to moderate levels of foraging by common species and low levels of activity by rarer species including greater horseshoe bat and noctule bat. The
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Planning and Design Statement embankment connects to better foraging habitat for bats in the wider countryside and is likely to be used as a commuting corridor. The cabling works will not affect the integrity of the woodland and so are not considered to impact on bats using the area. Valero intends to undertake all works during daylight hours to avoid any night time working. This will thereby negate the requirement for any construction lighting being required during the cabling construction works.
5.2.2 Badger Surveys of the embankment and the immediate surrounds carried out in February 2017 to inform planning application APP/N6845/A/16/3163511 for the Cogen development were repeated in January and February 2019 to establish current badger activity and locations of setts prior to commencement of construction of the Cogen. The 2017 survey recorded a subsidiary sett with three sett entrances at the eastern end of the embankment. Numerous mammal pathways were recorded mainly at the base of the embankment leading into extensive pasture to the south with hedgerows and woodland and scrub beyond. The 2019 surveys confirmed the continued presence of the subsidiary sett within 15-30 metres of the Proposed Development, noting three sett entrances slightly further up the bank from those recorded in 2017. It was not possible to search thoroughly for the original sett entrances due to the overgrown and dense bramble, but it is considered likely, given that remnants of further collapsed tunnels were found close to the sett entrances, that the original three sett entrances had collapsed. A number of dung pits were recorded close to the sett and along the mammal pathways recorded extending to the west along the embankment before turning south down the embankment toward the pasture fields. A number of mammal push-throughs were recorded beneath the perimeter fence of the Refinery at the base of the embankment leading to the pasture. The habitat to the south provides an abundance of high quality foraging that is well used by badgers, although no main sett was recorded which indicates the focus of breeding behaviour is likely located elsewhere. The construction works will require work in the proximity of identified setts. As set out and agreed in the Construction Environmental Management Plan (CEMP) for the Cogen Development and following Natural Resources Wales (NRW) guidance on working in proximity of badgers, a Method Statement has been prepared to identify works in the vicinity of the setts and mitigation measures to prevent disturbance of the badgers and their setts. This Method Statement has been provided to NRW, although no authorisation is required, and will be adhered to during to construction works for the Cogen. The measures contained within the Method Statement will be applied to the works proposed in this application. Examples of the measures to be deployed to prevent impacts on badgers include the following:
Maintaining a 30m construction buffer zone from badger setts;
Supervision of site contractors by the facility ecologist during construction who would notify Valero of any animals found; and
Adherence by site construction workers to guidance from the facility ecologist. The above measures will ensure that there are no permanent adverse impacts on badgers as a result of the Proposed Development.
5.2.3 Other Species The habitats in this area including the woodland on the embankment and surrounding pasture and hedgerows which are likely to support common woodland and farmland bird species and provides nesting habitat. The bird breeding season extends from March to July inclusive. A competent ecologist will carry out wildlife checks, as appropriate, ahead of the works (e.g. for nesting birds). If breeding birds or their nests are recorded they will be demarcated and left undisturbed until the chicks have hatched and the nest is no longer in use.
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Planning and Design Statement
The woodland edges, grassland and scrub also provide suitable habitat for reptiles, though no evidence of their presence has been recorded. A competent ecologist will carry out wildlife checks, as appropriate, ahead of the works and any reptiles found during spring and summer months will be moved to a safe place in the woodland on the embankment. While the cabling route will be directionally bored through the embankment rather than being laid on the surface, and located in close proximity to the southern toe of the embankment, the impacts upon it will be temporary in nature and reversible, due to the manner in which the cabling is being laid as well as the nature of the habitat being lost. Once the cable had been laid the habitat will return to grassland and noise levels will return to background levels.
5.3 Landscape and Visual The application site is entirely within the immediate context of the existing Refinery and within a local landscape which features very large industrial areas comprising of a power station and refineries/ petrochemical facilities. Nonetheless the local landscape also includes sensitive receptors notably the Pembrokeshire Coast National Park, Pembrokeshire Coastal Path and the settlement of Rhoscrowther. The substation is of a smaller scale than the existing plant equipment and is a minor addition in the context of the wider Refinery site. Due to landform, natural screening and distance, the Proposed Development will not cause visual harm to the landscape character nor to visual amenity in the surrounding area, including the users of nearby Pembrokeshire Coast National Park and Pembrokeshire Coastal Path.
5.4 Noise The noise environment in the hamlet of Rhoscrowther to the south of the Proposed Development is dominated by noise from the neighbouring Refinery. It is already industrial in character. There is only one residential receptor in Rhoscrowther. Noise impacts from the Proposed Development are predicted to be considerably below guideline levels and not discernible within the context of the existing Refinery background noise. Therefore it is considered that the operational noise impacts of the Proposed Development are not significant. It is intended by the applicant that standard mitigation and management measures for controlling construction noise will be implemented on site. The application of such measures as those listed below will result in no significant adverse noise impacts during construction: . Best Practicable Means, as defined in the Control of Pollution Act 1974, will be applied to reduce emissions of noise and vibration throughout the construction period; . No significant noise generating activities will be carried out at night, i.e. between the hours of 23:00 to 07:00 Monday to Sunday; . Each item of powered machinery used on site will be properly maintained and serviced to prevent unnecessary noise emissions. Routine checks will be undertaken to identify equipment that is emitting unacceptably high noise levels, or particularly tonal characteristics, and which, through appropriate repair or general servicing, could have their noise levels reduced; . All plant and equipment shall be properly maintained, provided with effective silencers and operated in a manner to avoid causing any excessive noise or exhaust emissions. Where plant has been designed to operate with engine covers to reduce noise, these shall be used and remain closed at all times whilst the plant is in operation; and . Notwithstanding the above, any item of machinery found to be emitting excessive noise levels due to a faulty silencer, broken or ill-fitting engine covers or other reasons, shall immediately be taken out of service and be adequately serviced, repaired or replaced prior to being returned to use on the site.
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Planning and Design Statement
The low level of construction traffic movements associated with the Proposed Development would result in temporary and negligible noise impacts.
5.5 Cultural Heritage The site is within the Milford Haven Waterway Landscape of Outstanding Historic Interest (LOHI). Due to the location of the substation within an existing industrial envelope that will screen it from wider views and the routeing of the cable route underground, no impacts are predicted upon the LOHI. No World Heritage Sites, Conservation Areas, or Registered Battlefields have been identified. The application site does not impact on any historically sensitive sites directly. However, within 500m of the planning application boundary, a total of five cultural heritage assets have been identified. This comprises of two assets of high value and three assets of medium value. The closest asset of high value is Eastington Manor (Scheduled Monument, Grade I Listed Building) followed by St Decumanus Church (Grade II* Listed Building). The Standing Stone (Grade II Listed Building) at St Decumanus Church is the closest asset of medium value to the Proposed Development, followed by Rhoscrowther School (Grade II Listed Building), and Hilton Farm and Housebuildings, Rhoscrowther (Grade II Listed Building). The substation and cabling route will not lead to any impact on the setting of any of the cultural assets identified due to the level of existing screening provided and the landform.
5.6 Ground Conditions The Refinery’s geology and hydrogeology has been subject to extensive prior assessment and is subject to regular quality monitoring under the Refinery’s Environmental Permit, regulated by NRW. A site-wide conceptual model has been established and previously agreed with the regulators. There are considered to be seven hydrogeological catchments across the wider Refinery site, reflecting site topography. The Proposed Development is considered likely to reside in two hydrogeological catchments which have southerly groundwater flow directions and drain towards two unnamed, off- site streams which ultimately discharge to into the Milford Haven. The bedrock underlying the site is designated as a ‘Secondary A’ aquifer. An assessment of land conditions proximate to the Proposed Development was undertaken for the Cogen development. A review of the chemical data indicated that there is no significant soil or groundwater contamination currently known in the vicinity of the Proposed Development, which is consistent with the known history of this part of the Refinery for support activities and not for oil storage or refining. The employment of good industry management practices during the course of the construction and operational phases will provide sufficient mitigation in relation to the potential impacts. No adverse effect on ground quality is expected as a result of the Proposed Development. .
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Planning and Design Statement
6. PLANNING POLICY COMPLIANCE
6.1 Introduction The planning policy framework for this application is set through guidance provided at the national and local level. At a national level, Planning Policy Wales (PPW) and Technical Advice Notes (TANs) set out the Welsh Government’s national policies and principles on different aspects of planning. Key documents include:
Planning Policy Wales Edition 10 (December 2018);
TAN 5: Nature Conservation and Planning (2009);
TAN 11: Noise (1997);
TAN 12: Design (2016);
TAN 18: Transport (2007); and
TAN 24: Historic Environment (2017). PPW sets out the land use planning policies of the Welsh Government. It is supplemented by a series of TANs, Welsh Government Circulars, and policy clarification letters, which together with PPW provide the national planning policy framework for Wales. PPW, the TANs and policy clarification letters comprise the relevant national planning policy context for the Proposed Development. Planning policy at the local level is contained within the Pembrokeshire County Council Local Development Plan (LDP) which was adopted in February 2013. The LDP complements national planning policy and is itself supported by additional Supplementary Planning Guidance (SPG) which is a material consideration when making decisions on planning applications. As discussed in Chapter 5 the key material considerations for the Proposed Development are:
The Principle of Development (Location and Design);
Traffic and Transport;
Ecology and Biodiversity;
Landscape and Visual;
Noise;
Cultural Heritage; and
Ground Conditions. These issues are considered in this section, which draws on the conclusions of the consideration of potential environmental concerns.
6.2 Principle of Development (Location and Design) The Proposed Development meets the general parameters relating to design, scale and sustainable development set out within PPW and complies with national policy. Detailed assessment of the Proposed Development against the relevant policies at both a national and local level is undertaken in the following sections.
6.2.1 Port and Energy Related Development The substation component of the Proposed Development is covered by Policy SP2 Port and Energy Related Development of the Pembrokeshire LDP which supports development for port related facilities and infrastructure “including energy related infrastructure”. While the substation is not in and
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Planning and Design Statement of itself a producer of energy it is an important component of the Refinery infrastructure and is therefore in compliance with the aim of SP2 to encourage growth in energy related development. Policy SP2 states that “individual proposals coming forward under SP2 will require project level Habitats Regulation Assessment to consider their likely significant effects on the features of the Special Area of Conservation (SAC)”. A Habitats Regulation Assessment (HRA) was undertaken in support of the Cogen application (APP/N6845/A/16/3163511) due to the proximity of the development to European protected sites. The HRA found that impacts arising from the Cogen development would be unlikely to have significant effects due to the lack of connectivity and / or distance between the European sites and the development. In addition, the HRA screening assessment found no likely significant effects on the qualifying interest features of the European protected sites from the development alone or in- combination with other projects. As the substation is located within the area originally assessed in the HRA and is of a significantly smaller scale than the Cogen development, the conclusions of the HRA can be relied upon to demonstrate that the Proposed Development is unlikely to have significant effects and that no new HRA is required. For the reasons set out above, it can concluded that the Proposed Development is compliant with the requirements of Policy SP2. Policy GN.4 Resource Efficiency and Renewable and Low-carbon Energy Proposals supports “developments which enable the supply of renewable energy through environmentally acceptable solutions”. While not directly generating or supplying renewable energy the Proposed Development does encourage the optimisation of energy efficiency and low carbon development within the Refinery. The Proposed Development is deemed to comply with the requirements of Policy GN.4.
6.2.2 Sustainable Development The primary objective of PPW is to ensure that the planning system contributes towards the delivery of sustainable development and improves the social, economic, environmental and cultural well-being of Wales, as required by the Planning (Wales) Act 2015, the Well-being of Future Generations (Wales) Act 2015 and other key legislation. A well-functioning planning system is fundamental for sustainable development and achieving sustainable places. PPW’s central objective is to promote and provide a framework for sustainable development within Wales. It is recognised that adequate and efficient infrastructure, including services such as electricity, is “crucial for the economic, social and environmental sustainability of all parts of Wales” (PPW Para 3.57). PWW goes on to note that adequate and efficient infrastructure “underpins economic competitiveness and opportunities for households and businesses to achieve socially and environmentally desirable ways of living and working. Infrastructure which is poorly designed or badly located can exacerbate problems rather than solving them”. Policy SP1 Sustainable Development of the Pembrokeshire LDP states that “All development proposals must demonstrate how positive economic, social and environmental impacts will be achieved and adverse impacts minimised”. The Proposed Development will provide construction employment opportunities which will have benefits to the immediate and wider economy creating a positive economic and social impact in this part of Pembrokeshire. As set out in Section 5 of this Statement, all potential adverse environmental impacts have been mitigated and minimised. No operational adverse impacts are predicted on the environment while any adverse impacts during the construction phase are negligible and are only temporary in nature. Planning policies at national and local level are consistent in their aim to achieve sustainable development and development that does not cause any significant adverse environmental impacts. Overall, development is supported that is appropriate to its context in terms of design and scale and
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Planning and Design Statement that meets the well-being objectives established by the Welsh Government within PPW and the Pembrokeshire LDP.
6.2.3 Design and Development Impacts TAN 12 – Design seeks to promote sustainability through good design and facilitate sustainable building d through the planning system. The guidance set out in the TAN is incorporated in the Pembrokeshire LDP with specific reference to Pembrokeshire’s design needs. Policy GN.1 of the Pembrokeshire LDP provides a framework for evaluation of potential development impacts. This is used in conjunction with other plan policies to determine whether the Proposed Development constitutes acceptable development. Policy GN.1 (1) states that ‘The nature, location, siting and scale of the proposed development is compatible with the capacity and character of the site and the area within which it is located’. The above ground component of the Proposed Development (the substation) is sited within the existing Refinery adjacent to three other substations and other much larger scale Refinery infrastructure. The wider local landscape which is comprised of very large industrial areas such as a power station and refineries/petrochemical facilities. The Proposed Development complies with the requirements of Policy GN.1 (1) in that it is entirely compatible with the capacity and character of the site and its context. Policy GN.2 Sustainable Design provides a criteria-based framework for the evaluation of design quality. It seeks to ensure that new development is of a good design which pays due regard to local distinctiveness and is appropriate to the local character and landscape context. The only surface element of the Proposed Development (the substation) will wholly be located within the boundary of the existing and long-established Refinery, typified by refinery infrastructure and buildings. Large stacks and industrial plant are the main features providing the visual context for the Proposed Development. The addition of a small scale substation to this dominant industrial landscape is acceptable in design terms and complies with the requirements of both TAN 12 and Policy GN.2 of the LDP.
6.3 Development Management Policies
6.3.1 Traffic and Transport The primary focus of TAN18 is on development that generates travel demand, although it is also recognises that the Welsh Government’s wider sustainable development policy objectives can be achieved by promoting resource and travel efficient settlement patterns and encouraging the location of development near other related uses. It also seeks to ensure that the transport infrastructure necessary to serve new development allows existing transport networks to continue to perform their identified functions. The Proposed Development is in accordance with LDP Policy GN.1 (5) in that it ‘would not result in a detrimental impact on highway safety or in traffic exceeding the capacity of the highway network” and Policy GN.1 (6) in that ‘Necessary and appropriate service infrastructure, access and parking can be provided’ within the existing Refinery development. The Proposed Development will not generate new transport movements once it is operational.
6.3.2 Ecology and Biodiversity TAN 5 - Nature Conservation and Planning provides guidance on how development should contribute to protecting and enhancing biodiversity and geological conservation. LDP Policy GN.37 - Protection and Enhancement of Biodiversity of the LDP requires a positive approach towards maintaining diversity and only allows development that would harm protected species or their habitats in exceptional circumstances.
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Planning and Design Statement
The proposed mitigation measures will result in no direct adverse impacts or effects upon the ecology or biodiversity of the area in accordance with Policy GN.37. In addition the Proposed Development complies with Policy GN.1 (4) in that it ‘respects and protects the natural environment including protected habitats and species’. For the reasons stated above, the Proposed Development is compliant with relevant national and local policy.
6.3.3 Landscape and Visual GN.1 (3) and GN.2 are the relevant LDP policies against which landscape and visual impacts need to be assessed. As discussed in Section 5 of this Statement, the addition of a small scale substation to this dominant industrial landscape is acceptable in design terms and complies with the requirements of Policy GN.2. The substation being of a smaller scale than the existing plant that forms it landscape context, will not cause visual harm to the landscape character nor to visual amenity in the surrounding area, including the nearby Pembrokeshire Coast National Park and Pembrokeshire Coastal Path. As such it complies with Policy GN.1 (3) as it ‘would not adversely affect landscape character, quality or diversity, including the special qualities of the Pembrokeshire Coast National Park and neighbouring authorities’. The Proposed Development is located on the edge of an existing industrial area and does not propose any additional development land take. As such it is complies with LDP Policy GN.1 (9) as it ‘would neither contribute to the coalescence of distinct settlements nor create or consolidate ribbon development’. For the reasons stated above, that the Proposed Development complies with both policies GN.1 (3) and GN.3 of the LDP.
6.3.4 Noise TAN 11 - Noise seeks to minimise the adverse impact of noise without placing unreasonable restrictions on development. It recognises that noise characteristics and levels can vary substantially according to their source (Para 9) and lists engineering, layout and administrative methods that can be used to mitigate the impact of noise (Para 11). LDP Policy GN.1 (2), in line with TAN 11, seeks to prevent noise from a Proposed Development impacting upon the amenity of the wider area including residential properties and recreational users of the nearby Coastal Path. The Proposed Development during both construction and operation will not result in a significant adverse effect on nearby residential properties or amenity users. As such it complies with the policy requirements of GN.1 (2) in that it will not result in a significant detrimental impact on local amenity in terms of noise and vibration.
6.3.5 Cultural Heritage TAN 24 - Historic Environment provides guidance that seeks to balance the needs of development and the requirement to protect the cultural heritage and historic environment of Wales. It also identifies how local planning authorities must treat World Heritage Sites, scheduled monuments, unscheduled nationally important archaeological remains in their assessment of planning applications. LDP Policy GN.38, in line with TAN 24 only permits development that affects sites and landscapes of architectural and/or historical merit or archaeological importance, or their setting where it can be demonstrated that it would protect or enhance their character and integrity. The Proposed Development does not affect sites and landscapes of architectural and/or historic merit or archaeological importance, or their setting and as such complies with both TAN 24 and LDP Policy GN.38.
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Planning and Design Statement
6.3.6 Ground Conditions LDP Policy GN.1 (8) seeks to prevent any development that would cause issues of land contamination or groundwater contamination. No adverse effects on ground quality are expected as a result of the Proposed Development and it is thereby complies with LDP Policy GN.1 (8).
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Planning and Design Statement
7. CONCLUSIONS
This Planning and Design Statement provides an assessment of the Proposed Development within the Refinery in relation to national and local policy and other material considerations. The Proposed Development meets the following policy tests: . The Proposed Development is suitably located and meets the requirements of the development plan policies. . The Proposed Development is not expected to have significant adverse impacts in terms of transport, cultural heritage, noise, ecology and biodiversity, landscape and visual and soil and ground conditions, and no sensitive receptors are expected to be subject to adverse effects or impacts. . The site is not subject to any specific national or local policy designations or allocations which makes the development inappropriate in planning terms. . No planning obligations are necessary in order to make the Proposed Development acceptable in planning terms. The Proposed Development is fully in accordance with policy at national and local level and there are no other material considerations that would prevent the grant of planning permission.
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Planning and Design Statement
8. REFERENCES
Ref 1 Local Development Plan (2013) Pembrokeshire County Council Ref 2 Planning Policy Wales (2018) Welsh Government, Edition 10 Ref 3 Technical Advice Note 5: Nature Conservation and Planning (2009) Welsh Assembly Government Ref 4 Technical Advice Note 11: Noise (1997) Welsh Assembly Government Ref 5 Technical Advice Note 12: Design (2016) Welsh Assembly Government Ref 6 Technical Advice Note 18: Transport (2007) Welsh Assembly Government Ref 7 Technical Advice Note 24: Historic Environment (2017) Welsh Assembly Government
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