The Wrexham (Gas Fired Power Station) Order
12.6: Written Summary of WPL’s Oral case put at the Issue Specific Hearing into Environmental and Other Issues on Wednesday 28 September at 2:00pm
Planning Act 2008 The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
PINS Reference Number: EN010055 Document Reference Number: 12.6 Regulation Number: Lead Author: Pinsent Masons
Revision: Date: Description: 0 October 2016 Examination version
SEC5-REPORTS AND STATEMENTS_A4 coversheets.indd 6 15/03/2016 10:54
Wrexham Power Limited Submitted to the Examination on 6 October 2016
WRITTEN SUMMARY OF WREXHAM POWER LIMITED'S (THE "APPLICANT") ORAL CASE PUT AT THE ISSUE SPECIFIC HEARING ON ENVIRONMENTAL AND OTHER ISSUES 28 SEPTEMBER 2016 AT 2:00PM
Please note that any additional defined terms used within this summary of the oral case are taken from the defined terms utilised in the Glossary and submitted as part of the Development consent order Application (Examination Library Reference APP- 156).
1. INTRODUCTORY REMARKS
1.1 The Issue Specific Hearing ("ISH") on the environmental and other issues was held on 28 September 2016 at Redwither Tower, First Avenue, Redwither Business Park, Wrexham Industrial Estate, Wrexham LL13 9XT. The ISH concerns the application made by Wrexham Power Limited for an Order granting development consent for the Wrexham Energy Centre as part of the Development Consent Order ("DCO") process, The Power Station Complex Site is located on land at Wrexham Industrial Estate to the east of Wrexham.
1.2 The ISH took the form of running through items listed in the agenda (the "Agenda") contained in Annex C to the Examining Authority's ("ExA") Itinerary and Agendas published on 20 September 2016. The ExA chose to consider some items in a different order to the published Agenda. The order in which items appeared at the ISH is set out below.
2. INTRODUCTION OF THE PARTICIPATING PARTIES
2.1 The ExA:- Planning Inspector Rynd Smith.
2.2 The Applicant:
2.2.1 Speaking on behalf of the Applicant:- Richard Griffiths (Partner at Pinsent Masons LLP).
2.2.2 Present from the Applicant:- Daniel Chapman (Director), Rupert Wood (Director) and Simon Keefe (Investment Manager).
2.2.3 The Applicant's planning consultants were also present:- Karl Cradick (Director at Savills).
2.2.4 The Applicant's consultants from Atkins were also present:- Sarah Horrocks (Air Quality), Alex Watson (Biodiversity), Alan Brodie (Gas and Electrical Connections), Andrew Croft (Historic Environment), Graham Woodward (LVIA), Adam Lawrence (Noise), Tim Colles (Traffic and Transport), Richard Mitchener (Water) and Liz Bowers (Drainage) (each individually a "Consultant").
2.3 The following parties participated in the ISH:
2.3.1 Wrexham County Borough Council ("WCBC"): Kevin Hughes (Senior Planning Officer)
2.3.2 Welsh Water: Henry Jones-Hughes
2.3.3 NRW: Richard Innes and Tomas Hughes
2.3.4 Kellogg Company of Great Britain: Linda Percival
1 Wrexham Power Limited Submitted to the Examination on 6 October 2016
2.3.5 Local residents: Christopher Briggs, Councillor Michael Morris, Susan Harber, Dennis Edwards, Robert Eccleston and Joanna Roberts.
3. OVERVIEW OF AGENDA
3.1 There were no requests for people to speak in Welsh.
3.2 The ExA explained that this ISH was on environmental and other issues, and explained that any comments must relate to ISH Items on the Agenda.
3.3 NRW requested that the ISH Item 10 (Water environment) was dealt with at the first day allocated for the ISH.
3.4 Mr Griffiths confirmed that he was happy to accommodate this request.
3.5 There were no objections to NRW's request.
4. ISH ITEM 2: PURPOSE OF THE HEARING
ISH ITEMS 2.1 and 2.2: The Applicant is requested to examine the environmental and other issues arising from: Relevant and Written Representations; and Responses to the ExA's first written questions.
4.1 The ExA explained that the purpose of this ISH was to deal with the environmental issues raised in the representations and responses to the ExA's First Written Questions.
4.2 The ExA noted a procedural issue that had arisen from the submission of the Cumulative Effects Assessment ("CEA"), published on 21 September 2016 with Examination Library Reference REP2-015. The ExA wished to consider the potential need to engage with others in following possible changes to the cumulative effects as set out in the Environmental Statement). The ExA stated that whilst the starting position would be that there are no significant changes, he specifically wanted to explore the substantive area of residential amenity concerns relating to traffic. The ExA noted that if there was a material change in relation to any environmental effects, then further consideration would need to be given as to whether anyone should be consulted further.
4.3 Mr Griffiths explained that the position on the cumulative effects outlined in the Environmental Statement did not change materially as a result of the electrical connection being undergrounded. He stated that the Applicant's position was that the CEA did not require further consultation on the basis that the CEA demonstrated that cumulative effects effectively remained the same magnitude or less with the electrical connection underground.
4.4 The ExA suggested that at the end of the Agenda, the question as to whether consultation on the CEA is required should be addressed.
4.5 Mr Griffiths agreed with this approach and noted that at the same time it could be considered whether a procedural direction needed to be issued, and how this may impact upon the timetable.
4.6 Mr Briggs queried whether a route for the electrical connection ("the route") had been selected.
4.7 The ExA explained that a figure showing the indicative route was a contained in the CEA, at Figure One of that document.
4.8 Mr Griffiths explained the route was only illustrative as the final route would be decided by SP Energy Networks ("SPEN"). He noted that this was the best available
2 Wrexham Power Limited Submitted to the Examination on 6 October 2016
information that the Applicant had for the purposes of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 ("EIA Regulations"). He explained that the overground electrical connection route was not in the Applicant's control.
4.9 The ExA explained that the route was not being decided by the Secretary of State ("SoS") as part of the DCO application. He explained that only the potential cumulative effects of the electrical connection were to be reviewed as part of this hearing.
4.10 Mr Griffiths confirmed that the indicative route was predominantly within the highway but also clarified that SPEN would make the final determination on the route. He explained that the connection offered to the Applicant was for an underground connection and the offer showed an indicative route which the Applicant has included as Figure One of the CEA. Mr Griffiths repeated that the final underground route was at SPEN's discretion, which must be determined in accordance with SPEN's statutory duties under the Electricity Act 1989.
4.11 Mr Griffiths explained that the Applicant had made a request for an electrical connection; SPEN had a statutory duty to respond to such a request and provide an electrical connection offer under the Electricity Act 1989.
4.12 The ExA once again clarified that the DCO application would not deal with the approval of the route, only the likely cumulative environmental effects. He noted that this would be dealt with further under ISH Item 6.
5. ISH ITEM 3: SITE SELECTION AND ASSESSMENT APPROACH
ISH ITEMS 3.1 and 3.2: The Applicant is requested to review the site selection and assessment approach within the context provided by relevant National Statement Policy (EN-1, EN-2, EN-4 and EN-5): Community concerns about site selection; and Community concerns about consideration of alternatives.
5.1 The ExA explained that ISH Item 3 was included due to the concerns in the relevant and written responses, relating to the site selection process and the consideration of the alternative sites. He noted that issues must be considered in the framework of the National Policy Statements ("NPS"). The ExA explained that the Government has made a policy decision through such statements that there is a need for the Power Station Complex Site and as such "need" would not be considered in this Examination. The ExA explained that within the suite of Energy NPSs were the policy terms within which he, as the ExA, must consider the DCO application before him. In response to a query from Mr Briggs questioning need, the ExA explained that NPS EN-1 set out the Government's position for the national need of additional generation capacity, and the Government's support for additional generation capacity projects.
5.2 Mr Griffiths explained the policy position taken by Parliament, which had adopted the various policy statements relating to energy:
5.2.1 NPS EN-1 sets out the clear need for new nationally significant energy projects. Paragraph 3.1.3 of EN-1 states:
"The IPC should therefore assess all applications for development consent for the types of infrastructure covered by the energy NPSs on the basis that the Government has demonstrated that there is a need for those types of infrastructure and that the scale and urgency of that need is as described for each of them in this Part".
5.2.2 Having established this principle, paragraph 3.3.4 of EN-1 continues by stating:
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"There are benefits of having a diverse mix of all types of power generation. It means we are not dependent on any one type of generation or one source of fuel or power and so helps to ensure security of supply. In addition, as set out briefly below, the different types of electricity generation have different characteristics which can complement each other:
fossil fuel generation can be brought on line quickly when there is high demand and shut down when demand is low, thus complementing generation from nuclear and the intermittent generation from renewables."
5.2.3 Furthermore, paragraph 3.3.11 then continues:
"…some renewable sources (such as wind, solar and tidal) are intermittent and cannot be adjusted to meet demand. As a result, the more renewable generating capacity we have the more generation capacity we will require overall, to provide back-up at times when the availability of intermittent renewable sources is low. If fossil fuel plant remains the most cost-effective means of providing such back-up, particularly at short notice, it is possible that even when the UK’s electricity supply is almost entirely decarbonised we may still need fossil fuel power stations for short periods when renewable output is too low to meet demand, for example when there is little wind."
5.2.4 Paragraphs 3.6.1 and 3.6.2 of EN-1 states:
"3.6.1: Fossil fuel power stations play a vital role in providing reliable electricity supplies: they can be operated flexibly in response to changes in supply and demand, and provide diversity in our energy mix. They will continue to play an important role in our energy mix as the UK makes the transition to a low carbon economy, and Government policy is that they must be constructed, and operate, in line with increasingly demanding climate change goals.
3.6.2: Fossil fuel generating stations contribute to security of energy supply by using fuel from a variety of suppliers and operating flexibly. Gas will continue to play an important role in the electricity sector – providing vital flexibility to support an increasing amount of low-carbon generation and to maintain security of supply".
5.2.5 Mr Griffiths then explained that the specific policies relating to fossil fuel generation are contained within NPS EN-2.
5.3 The ExA explained that it was important to note that whilst part of the Government's intention was to support a move towards lower carbon, it was accepted that gas fired generating stations form part of the energy mix the Government is seeking to have delivered. He explained that through the DCO application it was possible to discuss whether this particular project on this Site ought not to be permitted due to adverse impacts on local community that outweigh the national benefits. He explained that whether NPS EN-1 ought to prohibit additional gas generation facilities could not be examined in this DCO application.
5.4 The ExA requested clarification of current planning policy position for the Power Station Complex Site from WCBC.
5.5 WCBC explained that there was an existing Unitary Development Plan ("UDP"), however a draft deposit local plan was due for submission at the end of 2016 to beginning of 2017.
5.6 In response to a query from Ms Harber on whether there was a legal duty to consider alternative sites, Mr Griffiths explained that the Applicant did look at alternative sites, which were identified through a site selection process:
4 Wrexham Power Limited Submitted to the Examination on 6 October 2016
5.6.1 Mr Griffiths began by explaining the tests and policy position described in NPS EN-1, as follows:
(a) Paragraph 4.4.1 of EN-1 makes clear that there are no general requirements to consider alternatives or to establish that a proposed project is the best option. EN-1 does, however, require alternatives to be considered in the following policy areas:
(i) Paragraph 5.3.7 – this states that any development should aim to avoid significant harm to biodiversity and geological conservation interests, through mitigation and the consideration of reasonable alternatives. The Scheme does not cause significant harm to biodiversity and geological conservation interests and therefore consideration of reasonable alternatives does not arise.
(ii) Paragraph 5.7.9 – where relevant, the Sequential Test should be applied as part of the site selection process. In the case of the Power Station Complex Site, it is in Flood Zone A and therefore under EN-1 (paragraph 5.7.12) the Sequential Test requirements are not applicable.
(iii) Paragraph 5.9.10 – Where development is proposed in nationally designated landscapes (National Parks, the Broads, AONBs), alternatives should be included in the assessment. The Scheme is not within any of these areas and therefore the assessment does not apply.
5.6.2 In summary, there are no policy requirements to look at alternatives. It was agreed with Natural Resources Wales that a habitats regulation assessment was not required and therefore there is no legal requirement to consider alternatives pursuant to the Habitats Directive.
5.6.3 Under NPS EN-2, there are no policy requirements to look at alternative options. The NPS provides background information on how an applicant may approach site selection. For example, NPS EN-2 (paragraphs 2.2.2 to 2.2.11) highlights the need for a large site, and good transport and grid connections as factors that should be taken into consideration. These factors were indeed considered by the Applicant when it carried out its site selection process, albeit there is no policy or legal requirement to do so. This is explained in Chapter 3 of the Environmental Statement (Examination Library Reference APP-051).
5.6.4 Under NPS EN-4, in relation to the Gas Pipeline, as per Chapter 4 of the Design and Access Statement (Examination Library Reference APP-042), the Applicant reviewed various requirements in relation to this policy. The Applicant, however, is not seeking development consent for the Gas Connection as this had already been consented by WCBC as a separate planning application.
5.6.5 NPS EN-5 is for electricity networks: as stated previously, the Applicant is not seeking consent for the electricity connection, however the policy position is clear that connections in tandem with main applications (like the Gas Connection) are not always possible (see paragraph 4.9.2 of NPS EN- 1), especially if the Applicant is not the owner of the electrical connection. This is not an unusual situation in practice. Therefore, NPS EN-5 has no applicability in this Examination. In any event, NPS EN-5 only applies to overhead lines and not to underground electrical connections.
5 Wrexham Power Limited Submitted to the Examination on 6 October 2016
5.7 In response to a question from Ms Harber in relation to the relevance of the planning history of the Power Station Complex Site, Mr Griffiths stated that the DCO process is about the ExA considering material considerations and then deciding whether to recommend the Power Station Complex Site for approval to the Secretary of State. He explained that the Environmental Statement considers the baseline and assesses what the impact of the Power Station Complex Site will be. The planning history of the Power Station Complex Site forms part of that baseline and, as such, is a relevant and material consideration.
5.8 Mr Griffiths set out the site selection process in relation to the Scheme.
5.9 The site selection process is described in Chapter 3 of the Environmental Statement (paragraph 3.12 onwards) (Examination Library Reference APP-051). As set out in NPS EN-1 and the EIA Regulations, applicants/promoters are obliged to include in their Environmental Statement information about site selection and main alternatives studied. Mr Griffiths made it clear, that the EIA Regulations did not place a duty on applicants to study alternatives, but to explain the main alternatives that they have studied. In this case, the Applicant carried out the following site selection process:
5.9.1 Broadly, it consisted of:
(a) A Strategic National Search – this search focused on locations where gas supply and electrical grid networks had sufficient capacity to serve a new CCGT generating station, as NPS EN-2 refers. This narrowed the locational search, as many areas where there are former power station sites do not always have both electrical and gas infrastructure in place (and therefore require considerable connection routes much longer than the Gas Connection for the Power Station Complex) or, if they do, they are not either available or they are being promoted as development sites by their owners. The search led the Applicant to two areas, Staffordshire and Wrexham.
(b) A review of areas of interest within Wrexham and Staffordshire then took place. The search looked at the two areas to identify potential sites within those areas. Chapter 3 of the Environmental Statement, paragraphs 3.17 - 3.19 identifies the basic operational requirements that are required for any potential site. This list also identifies the site selection items identified in NPS EN-2. For Wrexham, three sites were then shortlisted from this search:
(i) the former Firestone factory site;
(ii) Kingmoor Park North; and
(iii) Kingmoor Park South.
(c) To help inform its decision making, the Applicant took all three sites to non-statutory consultation in 2012. Taking into account this consultation and a review of each site, the Applicant concluded that Kingmoor Park South would be the most appropriate site. The reasons for this are set out on pages 3-8 to 3-9 of Chapter 3 of the Environmental Statement (Examination Library Reference APP- 051).
(d) It should also be noted that there was more support identified for the Kingmoor Park South site alone through the consultation process, as identified in paragraphs 5.7, 5.10 and 5.11 of Appendix One of the Consultation Report (Examination Library APP-038).
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(e) Paragraph 2.17 of the Planning Statement (Examination Library Reference APP-041), explains why the Kingmoor Park South site was chosen having regard to the site selection factors in NPS EN- 2:
(i) Land Use - the Power Station Complex Site is large enough to host a 299MW generating station. It is also a site that has the potential for combined heat and power ("CHP") given the industry surrounding it on Wrexham Industrial Estate. Whilst the generating station decreased in size in terms of capacity, this did not decrease the size of land required. This is because following discussions with the WCBC and review of planning policy (Local Planning Guidance Note No. 29, Employment Development and Nature Conservation), there is a policy requirement that an equivalent area of land must be provided for nature conservation (see paragraph 6.8 on page 10 of that document) (see Appendix One of this Written Summary). The Power Station Complex Site was therefore the correct size and can accommodate the generating station as well as the land required for mitigation.
(ii) Transport infrastructure – NPS EN-2 states that applicants should locate new fossil fuel generating stations in the vicinity of existing transport routes (see paragraph 2.2.6 of EN-2). The Power Station Complex Site meets this locational requirement through Bryn Lane and the Wrexham Industrial Estate Northern Access road (Industrial Estate Road (N)).
(iii) Water resources – the Power Station Complex Site is air cooled and therefore sufficient water supply is available.
(iv) Gas and Grid Connection – capacity studies showed that there is sufficient gas and electrical capacity (the latter demonstrated by the recent connection offer from SPEN).
5.10 In response to a question from interested parties, regarding the suitability of Maelor Gas Works as a potential site, Mr Griffiths referred the ExA to the Applicant's response to Relevant Representations (Examination Library Reference REP1-035) at paragraph 2.3.16.
5.11 In response to queries raised by Councillor Morris, Mr Griffiths stated that the SPEN network will connect into the switchyard at the Power Station Complex (the "point of connection") and that SPEN will own both the electrical cable from the switchyard to the Legacy Substation and the equipment within the switchyard required for the point of connection. Accordingly, SPEN can effectively distribute the electricity from the point of connection to wherever it considers necessary, which would include helping improve electricity security within the Wrexham Industrial Estate. Therefore, this opportunity remains.
5.12 In response to further queries from interested parties, Mr Griffiths explained that the plant will be CHP ready. Requirement 16 in the draft DCO submitted for Deadline 2 (Examination Library Reference REP2-012) includes provisions to ensure that CHP is delivered if viable to do so in the future. Therefore, if development consent is granted, the Applicant will be required under the Order to continue to explore opportunities for CHP and will be legally obliged to deliver CHP where it is viable to do so.
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5.13 In response to comments regarding carbon capture storage ("CCS"), Mr Griffiths stated that that as the generating station is below 300MW, there are no legal requirements for carbon capture for generating stations of this size to provide for CCS.
5.14 Mr Edwards, an interested resident, stated that he had photographic evidence of the location of towers previously on the site and now demolished and he disputed the Applicant's statement as to their location.
5.15 Mr Griffiths confirmed that the Design and Access Statement Figure DAS6 (Examination Library Reference APP-042) shows the location of the towers in an aerial photo as being within the red line boundary. Figure DAS6 was shown to the ISH, which confirmed that the former towers were indeed within the redline boundary of the Power Station Complex Site.
5.16 The ExA confirmed that on the Accompanied Site Visit, hardstandings for foundations were found at the location identified by Mr Griffiths.
6. ISH ITEM 10: WATER ENVIRONMENT
ISH ITEMS 10.1 to 10.3: The Applicant is requested to examine the review of implications, proposed mitigations and controls: Flood risk; Groundwater issues; and Operational water supply and drainage.
6.1 Mr Chapman introduced the ISH item by providing an explanation of the topographical conditions on the Power Station Complex Site. He confirmed that a topographical survey had been undertaken and a copy submitted into the examination (Appendix 5 of Examination Library Reference REP1-033). He explained the following heights of the Power Station Complex Site:
6.1.1 at the bottom left hand (south-western) corner of the topographical survey drawing (at the junction of Bryn Lane) the height is 27.78m Above Ordnance Datum ("AOD");
6.1.2 at the road heading east after the existing XPO barrier, the height is 31.3m AOD;
6.1.3 where the road (Kingmoor Park Access Road) crosses over the small water course, the height is 27.98m AOD;
6.1.4 in the draft DCO, the maximum Power Station Complex Site level is 30m AOD (the former car park ranges in height from 28.97m AOD to 31.4m AOD.
6.2 Mr Chapman explained that the Power Station Complex Site needs to be at a minimum height of 28.5m AOD to provide sufficient clearance between the water level in the small watercourse and the finished floor level of the lowest floor. It was considered that levels less than this would present an unacceptable flood risk. In turn, the Applicant considers that a maximum height of 30m AOD is sufficient, having regard to landscape and visual effects and the need for lorries to stop on the Kingmoor Park Access Road at the XPO entrance barriers and therefore the gradient cannot be too steep. Mr Chapman also explained that if one were to try and reduce landscape and visual impact by reducing the height of the Power Station Complex Site there would be an increased flood risk and this would also require more material to be taken away from the Site; therefore the traffic would be impacted. He explained therefore taking all of these considerations into account (landscape and visual impact, flood risk, and transport) the optimum Power Station Complex ground level is 30m AOD.
6.3 In response to a query from Mr Edwards, Mr Chapman explained that the bund would be along the eastern boundary on an approximate existing site level of 26.5m AOD sloping away to the north to a minimum of 22.9m AOD. The height differentiation in
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the current landform will be taken into account when constructing the bund such that the top would remain at the same height overall (27.5m AOD).
6.4 Mr Chapman explained that the pond to the south west of the Power Station Complex Site will be removed although the ponds to the south east will be untouched; furthermore three additional ponds are to be created in the north east of the Power Station Complex Site. He explained that an open channel will run to these three new ponds which are created as mitigation for the lost pond and to provide additional capacity for the surface water system. He explained that this would create a habitat for great crested newts and would also assist with the greenfield run-off rate that has been agreed with NRW and WCBC (which would be an improvement on the current run-off rate given the former land use at the Power Station Complex Site).
6.5 The ExA requested comment from NRW and Welsh Water on surface water drainage, specifically whether the illustrative Foul and Surface Water Drainage Strategy (Examination Library Reference APP-148) submitted with the Application would be sufficient.
6.6 NRW confirmed that 12.2 litres/second is the maximum discharge rate appropriate and that this returned it back to greenfield run-off rate.
6.7 In response to a query from the ExA as to whether it was possible that the run-off rate would be higher in a storm event, NRW confirmed that it had no concerns on flood risk but it was relying on WCBC for final details.
6.8 WCBC confirmed that their senior flood manager was consulted and commented in the Local Impact Report (see Section 4 of Examination Library Reference LIR-001). He concurred with the surface water strategy and found it satisfactory and expected to see the detailed drainage scheme come forward pursuant to a requirement attached to the DCO.
6.9 WCBC confirmed that the approach to run-off levels was satisfactory.
6.10 The ExA queried whether the water supply and adoptability for drainage was suitable.
6.11 Welsh Water explained that there is a lack of capacity in the sewage system and that they have recommended a hydraulic modelling assessment is carried out in order to assess the network and reinforce it where required. The cost of this modelling assessment and timeframe for undertaking such modelling was issued to the Applicant last week. The estimated time frame provided by Welsh Water for the completion of such work is January 2017.
6.12 Mr Griffiths explained that there is a statutory duty on Welsh Water to connect the development to the sewerage system and that Welsh Water cannot refuse to connect on the basis of capacity. The solution identified would be fully funded by the Applicant. It is no different to any other scheme that needs such a connection. Furthermore, the Kingmoor Park Site already has planning permission for two large sheds that would have needed an equivalent connection.
6.13 Ms Bowers, Consultant on behalf of the Applicant, confirmed that the Applicant had received the quote for the hydraulic modelling assessment. Welsh Water will carry out modelling assessment in order to confirm a potential solution due to lack of capacity. There are a number of potential options available to the Applicant following the assessment being undertaken, for example, flows can be managed through release of sewerage overnight and, in any event, such a cost is borne by the Applicant.
6.14 Mr Griffiths confirmed that the fee to obtain the quote has been paid and the fee for the hydraulic modelling assessment is being considered by the Applicant and will be processed as soon as possible (Post ISH Note: Payment was made on 30 September 2016). In addition, the Applicant will continue to engage with Welsh Water and will
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update the ExA during the course of Examination. In any event and as already stated, Welsh Water cannot refuse to connect the Applicant based on capacity and furthermore, Welsh Water will be part of the process in discharging any requirements relating to sewerage. Requirement 12 of the DCO requires the Applicant to submit final details of the surface and foul water drainage system to WCBC prior to commencing numbered works 1 and 2. This system must be substantially in accordance with the illustrative foul and surface water drainage strategy submitted with the Application. It is anticipated that WCBC would consult with Welsh Water on the submitted system. However, the Applicant will make this consultation clear in Revision 3 to the draft Order by amending sub-paragraphs (5), (6) and (7) of Schedule 9 of the draft DCO to refer to Welsh Water
6.15 Ms Roberts queried if run-off water from a generating station is suitable to run off into ponds with great crested newts.
6.16 Mr Edwards queried if there was an increase in water run-off and a breach of the water levels in the ponds, how would the Power Station Complex Site cope with this.
6.17 Dr Mitchener, Consultant on behalf of the Applicant, explained that the run-off from the Power Station Complex Site is rain water from the buildings and the car parks. He explained that the chemicals on the Power Station Complex Site were stored elsewhere and that the series of ponds that clean the water represented a sustainable urban drainage systems (SUDs). He explained that the Applicant had designed the water system as if it was a greenfield site, ignoring the existing hardstanding, noting that any excess is stored in the ponds. Dr Mitchener explained that the ponds captured the flow of water and released it at a rate for a greenfield site. He noted that the designed model for the Power Station Complex Site was to hold water for a 1 in 100 flood event and to also allow an additional volume for climate change as per the industry standard.
6.18 The ExA confirmed that the applicable design standard being used is 1 in 100 plus likely additional rainfall due to climate change. The Applicant is providing the same standard of protection as all other forms of development and there is no basis to do more than that industry standard.
6.19 Dr Mitchener confirmed that the calculations on the discharge rate were being assessed at a 12.2 litres per second calculation, which is approved by Natural Resources Wales and WCBC.
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APPENDIX ONE
Local Planning Guidance note No. 29
11 LOCAL PLANNING GUIDANCE NOTE NO 29
WREXHAM INDUSTRIAL ESTATE Employment Development 29 and Nature Conservation This leaflet is available in alternative formats
Adopted August 2009 Adoption Wrexham Industrial Estate: Employment Development and Nature Conservation was adopted by Wrexham County Borough Council in April 2009.
Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 1
Contents
Chapter Page
1. Introduction 2 2. Protected Species on Wrexham Industrial Estate and the Law 3 3. Action When Developing Sites On Wrexham Industrial Estate 4 4. Obtaining Planning Permission 6 5. Obtaining A Licence To Do Works Affecting Protected Species 8 6. Guidance On The Location, Size, Design & Management Of 10 Areas Set Aside For Nature Conservation/Landscaping
APPENDIX 1 Wrexham Industrial Estate Ecological Survey 2008 13
APPENDIX 2 Protected Species Found In Wrexham Industrial Estate 14
APPENDIX 3 Legal Protection for Species Found on Wrexham 16 Industrial Estate
APPENDIX 4 Contact details for Organisations with Ecology Expertise 17
APPENDIX 5 Typical Mitigation/Compensation Measures 18
APPENDIX 6 Management Principles For The Kinds Of Habitats found 19 on the Wrexham Industrial Estate
APPENDIX 7 Example: Proposed Factory On Site With Great Crested Newts 21
Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 2 CHAPTER 1
1. Introduction
1.1 This is one of a series of local planning It emphasises: guidance notes which amplifies policies in the adopted Wrexham Unitary Development Plan � the need for an ecological assessment of (UDP) and supplementary planning guidance the site; in the Wrexham Local Biodiversity Action Plan � the protection of habitats that are found (2002) and Local Planning Guidance Note 26: in preference to mitigation or off-site 'Landscape & Industrial Development'. This compensation and guidance will be a material consideration when the Council decides Planning � the protection of the developable area of Applications. a site from colonisation by species.
1.2 Wrexham Industrial Estate is one of the In this way it should be possible to promote largest in Europe, covering 550ha and its economic development while also protecting continued development as a strategic and enhancing the ecology and landscape of employment centre is essential to foster the Estate and wider area. economic growth and prosperity within the 1.4 Developers/landowners should be aware County Borough. At the same time, the that a licence is often required from the Welsh Estate contains an important network of Assembly Government to carry out wildlife habitats that supports a diverse range development and site clearance works that of animals and plants which help make the affect protected species irrespective of Estate an attractive place to work and which whether planning permission is required. contribute to the quality of life of people in the Failure to obtain a licence before County Borough. Many of these species and commencing development or site clearance habitats are protected by UK/EU legislation, works could result in delay, prosecution, fines, such as the River Dee and Bala Lake/ Afon confiscation of equipment, legal fees and a Dyfrdwy a Llyn Tegid SAC ,which places a custodial sentence. clear responsibility on developers/landowners *'Development' refers to new buildings, to avoid harming them and a duty on the extensions and demolition; access roads, Council to promote biodiversity in exercising turning areas and parking areas; industrial its functions. Safeguarding and enhancing containers and pre-construction activity habitats of ecological importance and local including site clearance and ground works. landscapes is also central to the aims of achieving sustainable development and high-quality design set out in the adopted Wrexham UDP (Policies EC4, EC6) and government advice in 'Planning Policy Wales.'
1.3 This note advises developers/ landowners on the key ecological issues that they need to address before carrying out any development* on the Estate (whether or not it requires Planning Permission) and the procedures they should follow to gain planning permission and the necessary licences.
Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 CHAPTER 2 3
2. Protected Species On Wrexham Industrial Estate And The Law
2.1 Wrexham Industrial Estate contains � Intentionally or recklessly disturb such a several vacant or underused plots and parts species whilst using any place of shelter of active sites which have re-vegetated and or protection, or cause significant become colonised by protected species. In deliberate disturbance to such a species addition linear, continuous and 'stepping that may affect its survival or breeding stone' natural features, such as hedgerows, Sell or attempt to sell any such species woodland and streams act as wildlife corridors through which these species migrate � Sell or attempt to sell any such species and disperse between habitats within and adjoining the Estate for the purposes of 2.4 Species are protected throughout their breeding, feeding and shelter. These habitats life cycle (e.g. great crested newts eggs, and routes form an important interdependent larvae, juveniles and adults). ecological network. Appendix 1 summarises a recent ecological survey of the Estate 2.5 The Protection of Badger Act 1992 (2008) describing the species and habitats prohibits the taking, injuring or killing of found at that time. badgers and any interference with their setts. 2.2 European Union and UK legislation protects almost all of the species found on 2.6 It is an offence to disturb or destroy a the Estate. These are summarised in wild bird whilst occupying a nest; to take, Appendix 2, but a full list of species protected damage or destroy a nest whilst in use in law can be found on the Defra website at or being built; or to take or destroy an www.defra.gov.uk. egg of any wild bird. The nesting season is 1st March to 30th September 2.3 Under the Wildlife & Countryside Act, inclusive. 1981 (as amended by the CROW Act 2000) and the Habitat Regulations, 1994 (as 2.7 The Wildlife & Countryside Act (Sch. 8) amended in 2007 and 2009) it is an offence makes it an offence intentionally to pick, to: uproot, or destroy any wild plant � Intentionally or deliberately kill, injure or 2.8 If in doubt, follow the process set out take an individual of such a species; in chapter 3 and seek legal advice. � Intentionally or deliberately possess any part of such a species either dead or alive
� Damage, destroy a breeding site or resting place or intentionally or recklessly obstruct access to any place or structure used by such a species for shelter, rest, protection or breeding
Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 4 CHAPTER 3
3. Action When Developing Sites On Wrexham Industrial Estate
3.1 Development and site clearance on 3.3 Before designing any development or individual sites within the Estate can have a undertaking site clearance works, major impact on the survival of protected developers/landowners should: species both on the site itself and in the wider network of wildlife habitats. This can occur � seek and follow the advice of a through direct loss, such as damage to setts competent ecological consultant. and ponds, and indirect loss, such as the loss Such consultants should have a sound of wildlife corridors, fragmentation of the knowledge and experience of the habitat network and simple development pressure. requirements of the species concerned and apply landscape ecology principles so that local circumstances are properly considered.
� consult the Countryside Council for Wales' (CCW) Regional Species Officer on the impact of the proposals and need for a licence.
3.2 Careful thought must be given to the design, implementation, operation and maintenance of employment development sites to ensure that protected species are safeguarded. In this way employment development can occur and valued habitats and linkages between them can be protected and enhanced.
� consult other specialist organisations, as appropriate
� consult Wrexham Council's Ecologist on ecology and planning issues.
A list of contacts for such organisations is attached as Appendix 3
Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 5
3.4 Where development requires planning permission, developers/landowners must undertake the following steps when submitting an application to Wrexham Council:
Figure 1 Is planning permission required?
Yes No
Planning application required Permitted development rights alongside a current ecological Applicable to Industrial buildings survey and report (extensions and alterations) Less than 1000sq metres
Extent of consideration given to Permitted development rights protected species Notification sent to LPA
Method statement required Protected species advice (detailing all development works note sent to applicant. and mitigation measures in place before development commences) Advice note: Welsh Assembly Licence will be required.
Application is decided (conditions will be set requiring a management plan for land set aside for nature conservation purposes).
Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 6 CHAPTER 4
4. Obtaining Planning Permission
A) 1) Submit a Site Developers can seek a 'screening' opinion from Wrexham's Planning Department on Appraisal/Ecological Survey whether an EIA is required. In cases where development might affect a European 4.1 Undertake desktop and site ecological protected site (such as the Special Area for surveys to identify the number of protected Conservation (SAC)) other screening and species, the physical extent of their habitats Appropriate Assessment procedures exist. within the site and any linkages to habitats within 500m of the site. The legislative back B) 2) Submit a Method ground to this requirement can be found in Regulation 39 of the Habitat Regulations Statement/ Concept Plan 1994; Schedules 5 & 9 of the Wildlife and Countryside Act 1981, Section 42 of the 4.6 Submit a statement and plan describing Natural Environment and Rural Communities the works necessary to implement and Act 2006 and the Wrexham Local Biodiversity operate the development, their impact on Action Plan ecology and detailed proposals to protect existing habitats used by protected species 4.2 Site surveys must be undertaken at the for breeding, feeding, or shelter. The method right times of year. This means on a number statement must detail reasonable avoidance of occasions throughout the breeding measures to avoid impacts on ecology. If it is seasons of affected species, but not between not feasible to avoid all impacts on either the September and February/March as habitat or species, then both must be hibernating animals will be missed. This protected from harm with a satisfactory potential for delay should be factored into the mitigation/ compensation strategy in place. project management process. Such survey Compensation is applicable for the loss of times may start earlier or later depending terrestrial/aquatic habitat on which the upon environmental conditions i.e. species depends. This statement must show temperature, heavy rainfall and strong winds. how the requirements of the protected species have been integrated into the project 4.3 The level of detail that needs to be design from the start provided will depend on the size and complexity of the development and the 4.7 The statement should contain sufficient habitats that are found. Since sites vary in detail, such as the areas to be set aside for size and complexity, it is not possible to nature conservation where the species can advise on the cost of such appraisals; a be retained, enhanced or re-established; number of quotations should be obtained. proposals to remove and exclude
4.4 Submit a plan showing the planning application boundary and the habitats and linkages for each identified species.
4.5 The Council will no longer condition surveys to be conducted after planning permission is granted, whether this is a new application or a renewal.NB. Some major or special forms of development require an Environmental Impact Assessment (EIA) for which there is a statutory procedure under the Town & County Planning (EIA) Regulations.
Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 7
developable areas from colonisation by protected species (e.g. protective fencing) and proposals for controlling vehicle movements, storage of equipment, materials etc. The statement should justify why mitigation/protection is necessary if proposed in place of protecting existing habitats (e.g. why other layouts have been discounted). If mitigation requires species to be translocated, then a minimum of up to 12 months is required for a receptor area to be created and stabilise as some protected species will take longer to colonise a receptor site.
4.8 Developers should take the opportunity 4.11 Describe measures that will be put in to site and design soft landscaping areas so place to adjust the management plan and that they support nature conservation. On undertake remedial operations if habitat some plots it might be worthwhile to just 'do protection, mitigation or creation and the nothing' as abandoned land with rubble heaps associated management regimes are not and scrapes can be beneficial to wildlife. If successful. such areas are of sufficient size and width that they become effective wildlife corridors or 4.12 Submit proposals for maintaining soft areas of shelter, they can reduce the amount landscaping areas that support nature of land set aside for protection/mitigation/ conservation (e.g. mowing regimes at the compensation for nature conservation appropriate time of year with the removal of purposes cut grass to support wild flower planting schemes). 4.9 Advice on the location, size and design of areas set aside for nature conservation is 4.13 Land set aside for nature conservation given in Section F below should ideally be managed by an organisation with experience of managing habitats for C) Submit a Management Plan nature conservation. (See Appendix 3).
4.10 Submit a management plan showing 4.14 The cost of long-term management for how the areas set aside for nature nature conservation should be taken into conservation and landscaping will be account in any land cost negotiations or managed in the long-term, ideally in project feasibility assessment. perpetuity. This will include management regimes and arrangements for monitoring the 4.15 Advice on the maintenance areas set effectiveness of habitat creation, restoration aside for nature conservation/ landscaping is or enhancement and species population size given in Chapter 6 below. following translocation for at least five years after development is completed. This plan should attempt to be submitted electronically. The location and size of areas set aside for nature conservation must be mapped with full grid reference supplied on a plan and included in the appendix. This will allow the Council to map the land in a digital format for monitoring purposes.
Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 8 CHAPTER 5
5. Obtaining A Licence To Do Works Affecting Protected Species
5.1 Whether or not Planning Permission is required for development or site clearance, a separate license will often be required from the Welsh Assembly Government (WAG). In making a decision on whether to grant a licence, WAG will be advised by the Countryside Council for Wales (CCW). For European protected species, licences will be granted only where the activity meets all of the following criteria:
� the harm caused is necessary to preserve public health or public safety or some other reasons of overriding public interest including those of an economic nature and beneficial consequences of primary importance for the environment, and
� there is no satisfactory alternative, and
� the action will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.
Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 CHAPTER 6 9
6. Guidance On The Location, Size, Design & Management Of Areas Set Aside For Nature Conservation/ Landscaping Location & Size
6.1 The Council has a sequential approach to protecting and enhancing ecology on the Estate which follows advice set out in 'Planning for Biodiversity Good Practice Guide' (RTPI 1999) and 'Biodiversity by Design: a guide for sustainable communities' (TCPA, 2004), namely:
� On-site protection of existing habitats/ development areas.
� On-site mitigation/compensation where On-Site Protection of Land for damage to a habitat is unavoidable. Nature Conservation
� Off-site compensation as a last resort 6.4 Where the site appraisal/ecological where on-site compensation is not survey demonstrates that protected species, appropriate and re-siting would enhance habitats or wildlife corridors to the wider the ecology of the area. network of habitats on the Estate are present within or surrounding a development site, the 6.2 Mitigation refers to practices which first step is to determine how much of the site reduce or remove damage to protected can be developed without causing species and their habitats such as changing a disturbance or harm. site layout or altering the timing of development. 6.5 Developers should ensure that their proposals retain as many natural features as 6.3 Compensation refers to practices which possible and that they are vigilant about the offsets any damage caused by development, presence of protected species. Some artificial such as habitat creation, restoration or features such as rubble heaps can be enhancement (e.g. new ponds, grassland retained where appropriate as they can restoration, artificial badger setts, nest-box benefit wildlife by providing shelter. There will schemes and bat friendly features be occasions where the survey reveals that incorporated into a new building). development is possible on that part of the site with little or no ecological value.
6.6 On other occasions it will show that the whole site is of such great ecological value that no further development can occur without causing disturbance or harm; in which case is may not be possible to develop the site at all unless acceptable mitigation/compensation can be provided. Protection also refers to protecting the developable area of a site from colonisation by protected species listed in Appendix 2.
Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 10
On-site mitigation/compensation � relocation of the habitat/species from the site will enhance the nature conservation 6.7 Where adverse effects on habitats are status of the species and the network of unavoidable they should be minimised. The habitats as a whole, and Council will permit development affecting less valued habitats on a site only where � on-site compensation is impossible appropriately designed on-site (e.g. due to the restricted size of the site, mitigation/compensation would enhance the economic viability or unusual nature conservation value of the site and/or decontamination requirements), and the network of wildlife habitats of which it � compensation would be provided within forms a part. This will never be a matter of 250m of the habitat lost, in order to convenience, but must be supported by facilitate migration of affected species sound advice from the developer's and to preserve the overall network of professional ecologist in consultation with wildlife habitats, and CCW. � an equivalent area of land is provided, 6.8 In providing mitigation or compensation, unless it can be demonstrated that a an equivalent area of land must be provided smaller, better quality habitat would unless it can be demonstrated that a smaller enhance the ecology of the area, and area of better quality would enhance the ecology of the site or the wider area. This will habitat corridors and buffer strips to hard be hard to do given that the ecology of the � area is often dependent on providing quite development are provided within the large foraging areas for protected species. original site to help maintain the network The quality of a habitat should never be of habitats reduced as a result of compensation (e.g. replacing a pond and foraging area with just a 6.11 In exceptional circumstances where on- pond). site or off-site provision is not appropriate (e.g. because a suitable site is not in the ownership of the developer or where there are overriding Planning Policy reasons in support of the development), developers may provide a commuted payment in lieu of compensation. This must be sufficient to enable the Council to purchase an equivalent area of land for nature conservation; to implement mitigation/enhancement on existing sites and/or to guarantee management of land within or adjacent to the Estate (such as the 3 designated wildlife sites). This will be secured by way of a Off-site compensation Section 106 Legal Agreement. 6.9 The Council will generally not support the Protecting Land Set Aside for complete removal of protected species and habitats from development sites within the Nature Conservation Estate. This is both harmful to the extent and diversity of the network of wildlife habitats and 6.12 Construction and site operations that counter-productive as the site will soon be re may damage protected animals and plants in colonised by species, presenting landowners existing and newly created/restored habitats with the same issues. can be minimised by a number of well- established methods: 6.10 Off-site provision may be appropriate, as a last resort, where the developer provides expert evidence demonstrating that:
Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 11
Habitats should be fenced off Designing Land Set Aside for (e.g. newt-proof fencing) to exclude New Nature Conservation development works, site compounds etc and a protected buffer provided around the 6.13 Appendix 4 summarises mitigation/ fence to prevent disturbance (from noise, compensation measures for particular types dust etc). This will not only protect the of habitat and species, but more detailed habitat, but also help retain the full extent advice, specific to each protected species, of the developable area of the site by can be found on the Natural England website preventing colonisation by protected at www.naturalengland.org.uk. or the species. Extreme care should be taken in Countryside Council for Wales site at the use of machinery to erect this fencing www.ccw.gov.uk to avoid damaging plants and animals and this should normally be carried out by a Designing Landscaping specialist newt fencing contractor. Schemes for Nature Conservation The hydrology of habitats should be maintained through the retention of pools, ditches etc; through careful site design and 6.14 It is important to integrate new the use of such features as sustainable development within the landscape of the urban drainage systems, wildlife-friendly Estate and adjoining countryside. This affects kerbstones and newt-friendly gully pots. the visual character and quality of the Estate Ecological consultants will know likely as well as the perceptions of the Estate companies to source these. amongst existing users and those considering economic investment in the County Borough. Site preparation should be carefully 6.15 To date, developers have been planned and supervised (e.g. undertaking encouraged to provide 'business park' site clearance outside of the bird-nesting landscaping, typically including ornamental season (not 1st March to 30th September). tree and shrub planting, grassed frontages, low mounding and attractive fencing set Care should be taken to avoid accidental behind planting, where security is necessary. spillage of chemicals, petrol, tar and other Screening of storage and processing areas toxic substances from tankers and other has also been important. vehicles, which may damage nearby habitats. Contingency plans should be in 6.16 The ecological importance of the Estate place following site risk assessments to requires landscaping schemes submitted for avoid and put measures in place for such Planning Permission to better integrate the unforeseen occurrences. landscape and ecological requirements of the site. If landscaping areas are designed in this way they will be counted as contributing to any mitigation/compensation land that needs to be set aside as a result of unavoidable harm to lesser quality habitats. The Council will therefore support soft-landscaping schemes designed to enhance nature conservation through:
� The retention of significant trees and vegetation which contribute to character, visual integration and biodiversity. Adequate space is needed within the layout for these not to be compromised by development.
Local Planning Guidance Note 29: Employment DevelopmentThe Tree and and Woodland Nature Conservation Strategy January April 20052009 12 CHAPTER 6
� Screen-planting of native trees and shrubs species acquired locally. Long species-rich along boundaries may act as wildlife grassland can be maintained as shorter corridors where they do not separate margins along roadside verges, but cut at the patchesof open grassland. end of September when the flowers have seeded. The creation of less intensive � Extending woodland edges to create landscaping schemes and the use of less bigger, more suitable areas of habitat that intensive maintenance regimes may help will act as 'stepping stones' from one reduce the overall cost to landowners/ habitat to another one employers.
� The creation of new wildlife corridors such as linear woodland, scrub or grassland dependent on the range of animal and bird species the corridor is to support. These should link existing habitats and support the development of a wider network throughout the Estate. Applications for development adjacent to the following road corridors will be expected to provide such corridors.
� Clywedog Road - near to River Clywedog Managing Land Set Aside for � Bridge Road North - near to Wildlife Site and ponds Nature Conservation
� Ash Road South - near to Wildlife Site 6.18 When a development is completed it will and ponds be necessary to manage the site to avoid damage to habitats/species and to prevent � Redwither - Road, near to Wildlife Site those species re-colonising the developable and River Clywedog area of the site. Affected areas could include woodland, grassland and wetland that were in � Oak Road - near to Wildlife Site and place before the development, or which have River Clywedog been created or enhanced as part of the development as well as newly landscaped � Abenbury Way - close to watercourses areas. Appendix 5 provides examples of the kind of habitats and management regimes 6.17 A 'business park' setting, of formal that may be suitable on the Estate. The planting and frontages, is appropriate in those management will need to be tailored to the parts of the Estate where development faces needs of the habitats and species found on key roads. However, it can be achieved any particular parcel of land. through formal avenue tree planting and swathes of shrub planting, using native
LocalThe T reePlanning and Woodland Guidance Strategy Note 29: January Employment 2005 Development and Nature Conservation April 2009 APPENDIX 1 13
Appendix 1: Wrexham Industrial Estate Ecological Survey 2008
Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 14 APPENDIX 2
Protected Species Found In Wrexham Industrial Estate Great Crested Newt
This newt grows to 15cm in length and is dark brown or black with a warty, rough skin; an underside that is bright orange with black spots and sides that are stippled with tiny white dots. In the spring, the male develops a ragged crest along its back and a separate straight edged crest along the top of its tail. Females, particularly in the breeding season when they are swollen with eggs, are bulky in appearance, but lack the crest. Young newts ('efts') are mottled with black and have a tiny Dingy and Grizzled Skipper filament at the end of the tail. Butterflies Newts and other amphibians, like frogs and toads, live on land for the majority of the year, but return to ponds and water-filled ditches at The Dingy Skipper is the larger of the two various times for breeding, feeding or shelter. butterflies with a wing span of 27-34mm. They migrate (up to 500m) to ponds in the There is normally one generation each year, spring and hibernate on land within features but in hot summers there may be a partial such as brick rubble, spoil heaps, log piles second brood in August. Eggs are laid singly and will burrow down into the soil during the on young leaves of the food plants usually in winter. They require ponds and terrestrial sheltered situations and the larvae feed habitat so proposals for a replacement pond through the summer months. Pupation may not be suitable. In general they should occurs the following spring. Adults usually be retained in situ and translocated only a emerge from early May to the end of June, last resort. but can emerge as early as mid-April in warm Badger springs. Its main food-plants are Common Bird's-foot-trefoil; Horseshoe Vetch; and Badgers grow up to 1m long and weigh from Greater Bird's-foot-trefoil. 10 to 13kgs. They are largely nocturnal, and retiring and live in social or family groups. They are omnivorous and eat a wide variety of foods, but their main diet consists of up to 200 earthworms per day.
Their setts comprise many entrances with underground chambers and a labyrinth of tunnels and involve the excavation of tonnes of soil. They prefer sloping sandy embankments in a variety of habitats including woodland, roadsides, grassland, copses, scrub and old quarries. The Grizzled Skipper is smaller with a Distances travelled from the sett depend on a wingspan 23-29mm. There is normally one number of factors including the season; with generation each year, but there can be a winter restricting their food range and food partial second brood in July and August. The patch that different clans of badgers will eggs are laid singly on food plants growing in defend. They are less active during the warm positions, next to either bare ground or winter, when breeding occurs, and cubs are short vegetation (5cm). The larvae over winter normally born in February. as pupae, which are formed within cocoons of
Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 15
leaves and silk amongst low vegetation Bat (under 30cm). Adults emerge from the end of April until mid-June. In warm springs this may be as early as mid-March and in late years Most bats found locally are essentially can fly until mid-July. Its main food-plants are nocturnal insect-eating species. They usually wild strawberry, creeping cinquefoil, barren have a single offspring each year and live for strawberry; dog rose, salad burnet; tormentil; up to 20 and, exceptionally, 30 years. They and wood avens. become torpid in winter as insect numbers decline, hibernating in roof spaces of Both species are found in habitats buildings, bridges, hollow trees and dark characterised by warmth, shelter and sparse caves. vegetation. Typical sites include woodland The highest densities of bats occur where edges, woodland clearings, large woodland insects are most numerous such as wetland rides, unimproved grassland, hillsides and and woodland edges. Many species, valleys. particularly the smaller ones, follow linear features such as hedges, tree lines or Water Vole waterways and are reluctant to cross wide open spaces. Any building, structure, cave or tree has potential to be used by bats. A bat Water Voles are large and often mistaken for survey should be undertaken only if such a rat. They have dark fur around the body features would be impacted upon by the and a short fat face and vary from 12-20cm in development/site clearance. length and 70-320g in weight. They eat grasses and waterside vegetation. They tend Otter to be more active during the day than at night. They deposit distinctive black, shiny faeces in latrines located throughout and at Otters are usually between 55 and 110cm the edges of their range during the breeding long and weigh 5-12kg. They are aquatic season. They usually have up to five litters a carnivores and feed on fish. They live and year from May to September. In mild springs breed in and near open water and the first of these can be born in March or watercourses, favouring habitats along rivers, April, though cold conditions can delay but will also use marshes, lakes, reedbeds, breeding until May or June. There are about ponds, streams, ditches and adjacent scrub five young in a litter, which are born below and woodland. They are territorial and their ground. home range may extend up to 40km along a stretch of water. They occur mainly along well-vegetated banks of slow flowing rivers, ditches, dykes Lapwing and lakes. Male voles live along about 130m of water bank while female's ranges over about 70m. They excavate extensive burrow The Lapwing is a pigeon-sized, black, green systems into the banks of waterways with and white bird with a wispy crest and broad sleeping/nest chambers at various levels in rounded wings. They eat many agriculturally the steepest parts of the bank and harmful insects. They are ground nesters underwater entrances to provide a secure and usually nest on wet/dry undisturbed escape route. 'Lawns' of closely cropped grassland but, in their absence will nest in a grass, occasionally with piles of chopped variety of habitats from flat roofs on buildings food, may surround burrow entrances. to bare ground with short vegetation. They have been sighted on the Estate and are thought to breed on top of industrial units on Clywedog Road.
Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 16 APPENDIX 3
Appendix 3: Legal Protection For Species Found On Wrexham Industrial Estate
UK Legislation: The Wildlife & EU Legislation: The Conservation The NERC# Act and UK / Local Countryside Act, 1981 (Natural Habitats & c.) Biodiversity Action Plan. (as amended). Regulation’s 1994 (as amended).
Birds Sch.1M Animals Sch. Regulation 39 - European Section 42 & UK BAP / Migrant, R 5/6 Protected Wild Species L BAP species Resident
Hobby (M*) Bats** Bats** Polecat **
Barn owl (R**) GC Newt** Great crested newt** Skylark **
Kingfisher (R**) Otter* Otter* Common lizard**
Curlew (R*) Water Vole** Otter* Grizzled, white-letter hairstreak and dingy skipper
Hobby (M*) Bats** Lesser Silver Water Beetle**
Fieldfare (M**) Lesser Silver Cornflower* Water Beetle** Black Redstart (R*) Grass snake ** Bullfinch * *
Peregrine (M**) Common lizard** Common toad **
Redwing (M**) Yellowhammer*
Hedgehog*
Kestrel **
Snipe*
Lapwing **
Ground beetle**
Ground snake**
# The Natural Environment and Rural Communities Act ** known to be present on the Estate * possibly present on the Estate
Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 APPENDIX 4 17
Appendix 4: Contact details for Organisations with Ecology Expertise
Clwyd Badger Group www.badgers.org.uk/clwydbadgergroup/
Bat Conservation Trust www.bats.org.uk Clwyd Bat Group [email protected]
Welsh Biodiversity Partnership www.biodiversitywales.org.uk/
Butterfly Conservation www.butterfly-conservation.org Countryside Council for Wales for advice on ecology and licences for works affecting protected species www.ccw.gov.uk
Ecology consultants. Use professional bodies & directories (e.g. ENDS Environmental Consultancy www.endsdirectory.com Directory (Environmental Data Services) & Directory www.ieem.org.uk of Ecologists and Environmental Managers (IEEM)).
Environment Agency (Wales) for advice on impact on major watercourses & disposal of contaminated www.ccw.gov.uk silt
Flora Locale www.floralocale.org/
Forestry Commission www.forestry.gov.uk/ Joint Nature Conservation Committee – for advice on Habitat Regulations 1997 www.jncc.gov.uk/page-1379
Natural England for advice on mitigation and compensation measures for each of the protected www.naturalengland.org.uk species
National Wildflower Centre www.landlife.org.uk/
North East Wales Wildlife www.newwildlife.org.uk North Wales Wildlife Trust www.wildlifetrust.org.uk/northwales Pond Conservation www.pondconservation.org.uk/ Herpetological Conservation Trust www.herpconstrust.org.uk/ Wrexham County Borough Council Planning Department [email protected]
Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 18 APPENDIX 5
Appendix 5: Typical Mitigation/ Compensation Measures
Development Habitat/Species What can be Created and Managed Activity Habitat: ponds, rivers, Enhance or create a new water feature. Create a other water feature habitat suitable for otters, water voles & amphibians
Development close to a Ditches with vegetation, undisturbed bank side Species: water voles watercourse vegetation Species: otters Undisturbed habitat by rivers. Species: kingfishers Trees by rivers/streams. Undisturbed bank sides Incorporate owl lofts, bat roosts and other suitable spaces within the conversion, extension or Barn or rural building Species: bats, barn owls renovation. Provide nest and bat boxes, retain conversion mature/decaying trees, suitable planting and habitat links Developments affecting Area of wildflower-rich grassland strips/verges. Plant Habitat: Grassland & greenfield sites native species of local or regional genetic origin and wildflower meadows allow natural expansion/colonisation Development affecting/ Retain as many trees as possible. Plant new trees, adjacent to woodland, Habitat: Woodland erect suitable nest boxes. Plant native species of hedgerows, lines of trees Species: Barn owls other local or regional origin and allow natural expansion/ and scrub birds colonisation
Development affecting Maintain existing mature trees. Pollard or coppice. old and veteran trees Habitat: Mature trees Plant new trees to succeed old ones. Plant native including any felling or Species: Barn owls other species of local or regional origin and allow natural lopping birds expansion/colonisation
Create accessible ponds with some shading. For Great Crested Newts provide grassland for foraging Species: Newts and with habitat piles or patches of scrub for shelter/ other amphibians protection. These should be linked to other natural areas by terrestrial and aquatic habitat corridors.
Major commercial Create undisturbed area of habitat and basking area industrial site Species: Common lizard of bare ground/short grass on south and other reptiles facing slopes. Create log piles.
Swift, swallow and house martin boxes attached to Species: Other birds buildings. Other bird boxes on trees etc. Native planting particularly trees with berries/seeds
Detailed guidance and advice on the design and All forms of development Habitat/Species: All management of sites for nature conservation can be found on the Nature England website.
Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 APPENDIX 6 19
Appendix 6: Management Principles For The Kinds Of Habitats Found On The Estate Woodland Rides and Glades
Felling non-native species, such as Sycamore Rides and Glades are linear and open areas regeneration, to encourage native canopy respectively within Woodland. species. A good network of these open areas within woodland makes a significant contribution to Where trees are determined to be dangerous woodland flora and fauna by supporting large appropriate works (e.g. removing overhanging amounts of light-demanding species that deadwood, crown reduction or felling) may be might be absent elsewhere. They provide necessary. Stumps of dead trees and cut nectar sources for insects, corridors between deadwood should be retained. different areas of young growth and a refuge for many species. To maximise sunlight, Wherever possible retain lying and standing rides should be kept 1.5 times as wide as the dead wood as it has considerable ecological height of bordering trees (e.g. where the trees value. are 10m high the rides should be 15m wide).
Eliminate Himalayan Balsam from wetter Grassland areas by uprooting, if possible before the plant is in flower and sets seed. Treatment Grazing is preferred as it provides a range of should be successful in 2-3 years as habitats of various sward heights and may be Himalayan Balsam is an annual. appropriate on mitigation/compensation land on the periphery of the estate. Mowing can Eliminating Japanese Knotweed by cutting be effective if the area is split into four and treating with specialised herbicide. quadrats that are cut in rotation over a five-year cycle. If a well-chosen selection of Widening woodland edges and creating an wildflowers are planted they will flower understorey by planting the following mixture: between May and September to support invertebrates (e.g. ground beetles are an � Crataegus monogyna Hawthorn 20% important food source for birds, especially on � Corylus avellana Hazel 15% intensively managed sites where there is less prey). � Ilex aquifolium Holly 10% � Prunus spinosa Blackthorn 10% Grass can be cut and used for hay or silage. From a nature conservation perspective no � Rosa canina Dog Rose 10% chemicals should be used and a single late � Salix cineria Grey Willow 10% cut is preferred for haymaking. Cutting in spring is usually between April and May � Sambuscus nigra Elder 5% (depending if spring is early or late) and will � Malus sylvestris Crab Apple5% usually suppress grass growth rate for 2-3 months but in some cases another cut will be � Viburnum opulus Guelder Rose 5% needed. Thereafter an end of season cut will be needed in September to October when all NB. Trees may be protected Preservation flowers have flowered and set seed and all Order or Planning Conditions. Before felling ground-nesting birds have reared their young. or pruning is undertaken it is advised that If the site is wetter and more fertile up to four checks are made with Wrexham's Planning cuts per year might be required at times Department to determine whether consent is dependent on the wildflowers sown. It is needed for the works. essential to collect the grass cuttings or they
Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 20 APPENDIX 6
will act as a green manure and smother low Occasionally silt should be dredged from growing wildflowers. ponds as it will decrease the depth of water. Clean silt can be disposed of on land within If a 'do nothing' approach is preferred this still the site where it will not damage other requires the grassland to be managed either habitats or get washed back into the pond. through grazing or cutting, but leaving the It can also be spread on agricultural land grassland as it is and not doing any soil provided it can improve the soil. preparation or sowing of wildflowers to allow Where a pond is located close to a road it natural development. If this result is not may collect water polluted with heavy metals, satisfactory the grassland should be petrocarbons etc. Contaminated silt may enhanced through sowing a selection of have to be disposed of via landfill, which can wildflowers suited to the type of grassland. be costly and will require documentation on the substances it contains. Contact the Wetland/ Ponds Environment Agency (Wales) for more information and any necessary licence. Traditionally, the best time of year to manage a pond is late autumn and winter, when most Sustainable urban drainage systems are plants and animals are dormant or have left encouraged within any future design of a the pond. If great crested newts use the development scheme. They include features pond, work should be carried out only like attenuation ponds and soakways. These between November and January and with a are a natural way to collect excess surface licence from WAG. water but also serve as to provide additional habitat for wildlife. For some wildlife works in November to January will still lead to harm or disturbance (e.g. juvenile newts). Therefore works should always be carried out as sensitively as possible a little bit at a time, never removing all of one type of habitat or plant. In the case of plants, the removed vegetation should be left on the bank overnight to allow animals to escape.
In cases where there is no invasive plant growth or silting, it may not be necessary to manage the pond. There is value in the natural processes the pond goes through, but it will be necessary to monitor for invasive or non-native plants.
Floating plants like duckweed, blanket weed and the invasive water fern can create dense growth, which forms a thick mat over the entire water area. This blocks out light, prevents oxygen getting into the water and can be dangerous for animals as it looks solid. A small amount of algae or duckweed occurs naturally in ponds with clean water and some small beetles live out their lives within them. The problem is caused by too many nutrients in the water (especially nitrates and phosphates) which cause them to enjoy unrestricted growth.
Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 APPENDIX 7 21
Appendix 7: Example: Proposed Factory On Site With Great Crested Newts
A. Site Appraisal/Ecological Survey
Great crested newts found in ponds B and C (17 & 9 newts respectively) with many more in refuges formed by disused building foundations. Rough grass & scrub form foraging area. Smooth newts, frogs & toads also found in the ponds. Little disturbance as the site is fenced. No other habitats within 500m.
Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 22
B. Method Statement/Concept � pond infilling and site clearance to occur in Plan August � construction to include sustainable urban Factory will result in total loss of habitats drainage system to prevent major changes within the development footprint & in hydrology fragmentation of the rest of the site, causing isolation, interference & changes to hydrology Disclaimer of pond C & possible increased mortality from new kerb/gully pot drainage system. To The above example is provided as guidance protect/mitigate/compensate for species & only to illustrate a typicalmitigation/ habitats lost it is proposed to: compensation scheme for great crested newts. For all other species the mitigation and � capture and exclude newts from ponds A compensation proposed and provided will and B (February to June) with fencing and vary depending on the species. Such pitfall traps over the development footprint mitigation/ compensation requirements for and repeat searches (May/June) other species i.e. badger; bats and butterflies should be discussed with your consultant � create/enhance habitats on part of the site ecologist. formally of low value for newts: this will replace lost woodland, ponds and scrub and provide 4 new ponds in compensation, bunds along the site boundary, secure fencing & screening, new places for hibernation, refuges & a landscaped corridor designed to encourage nature conservation)
Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 Local Planning Guidance Note 29: Employment Development and Nature Conservation April 2009 LOCAL PLANNING GUIDANCE NOTE NO 29
Contact If you require any further information Contact Details regarding the Wrexham Industrial Estate: Employment Development and Nature Conservation (April 2009) Guidance Note,
To Chester please contact the Planning Policy Contact Wrexham Section at the address below or visit our To Holt LL RO POWE AD web site.
4 3 C B 5 H O A E D D S H A T Y E F O RHOSDDU ROAD R R R Y S T D L Planning Policy Section, Yale T R O General College E H E Station T P Wrexham County Borough Council, S Bus T F A A T Station P R I To O N N D Lambpit Street, Wrexham LL11 1AR. A Mold P REET O P T N
R S P T ST S
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Y C OL
G T
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H H P H
T E R I A
R O E
N TON R E
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EG S
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This document is available in alternative formats. Please call 01978 292019 for your copy.
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