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Cultural Heritage The Wrexham (Gas Fired Power Station) Order 6.2.12 Volume 2: Environmental Statement Chapter 12: Historic environment Planning Act 2008 The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 PINS Reference Number: EN010055 Document Reference Number: 6.2.12 Regulation Number: 5(2) (a) Lead Author: Atkins Revision: Date: Description: 0 March 2016 Submission version SEC6-ES Vol1_A4 chapterTabs.indd 13 15/03/2016 10:49 WREXHAM ENERGY CENTRE ENVIRONMENTAL STATEMENT Chapter 12 Historic Environment INTRODUCTION 12.1 This chapter assesses the potential effects of the Scheme on the historic environment. It assesses the significance of these potential effects on those heritage assets within the study areas (Study Areas) defined in this Chapter. The objectives of this assessment are to: identify, describe, characterise the baseline historic environment within the Study Areas; assess the significance of the Study Areas' historic environment resource; identify the potential impacts of the on the historic environment resource; identify and assess the potential cumulative impacts of the Scheme with other developments, including the Electrical Connection; identify any specific mitigation measures to reduce any likely significant adverse effects; and identify any residual effects of the Scheme. 12.2 This chapter is supported by a baseline assessment contained as a separate report in Appendix 12.2 of this ES. A gazetteer of known assets and findspots is contained in Appendix 12.1 of this ES. This identifies the distance from the Order Land to the identified feature / findspot. The following figures are also included: Figure 12.1 illustrates the location of designated heritage assets within the Order Land and associated Study Areas, as defined below. Figure 12.2 shows the non-designated heritage assets and findspots within the Study Areas. Key Policies and Guidance 12.3 The WEC is located in Wales. However, due to the proximity of the national border, some designated assets within the 5km Study Area for the setting of designated assets (see Study Area section below) are situated in England. Therefore, Welsh and English legislation, policy and guidance relevant to this assessment have been reviewed. 12-1 WREXHAM ENERGY CENTRE ENVIRONMENTAL STATEMENT 12.4 The relevant planning policy context is set out in Chapter 2. The following discussion provides further details on the relevant legislative and policy framework in relation to the historic environment. Infrastructure Planning (Decisions) Regulations 2010 12.5 Section 104(2)(c) of the PA 2008 provides that in deciding an application under the PA 2008, the SoS must have regard to any "any matters prescribed in relation to development of the description to which the application relates". 12.6 Regulation 3 of the Infrastructure Planning (Decisions) Regulations 2010 sets out such a prescribed matter. It provides that: (1) When deciding an application which affects a listed building or its setting, the decision-maker must have regard to the desirability of preserving the listed building or its setting or any features of special architectural or historic interest which it possesses. (2) When deciding an application relating to a conservation area, the decision- maker must have regard to the desirability of preserving or enhancing the character or appearance of that area. (3) When deciding an application for development consent which affects or is likely to affect a scheduled monument or its setting, the decision-maker must have regard to the desirability of preserving the scheduled monument or its setting. 12.7 In carrying out this assessment, WPL has had regard to these considerations. Planning (Listed Buildings and Conservation Areas) Act 1990 12.8 Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 provides that: In considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority or, as the case may be, the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. 12.9 Section 66 of the Planning (Listed Buildings and Conservations Areas) Act 1990 applies in relation to a consideration of whether to grant ‘planning permission’. ‘Planning permission’ is defined under section 91(2) of that Act as having the same meaning as in the principal Act (which is defined as the Town and Country Planning Act 1990 (TCPA 1990)). ‘Planning permission’ is defined under the TCPA 1990 as a permission under 12-2 WREXHAM ENERGY CENTRE ENVIRONMENTAL STATEMENT Part III of that Act. Under Part III of that Act, planning permission is required for the carrying out of any development of land (section 57). Section 33(1)(a) of the PA 2008 provides that, to the extent that development consent is required for a development, planning permission is not required under the TCPA 1990. Therefore, section 66 does not apply to decisions under the PA 2008. 12.10 Although WPL considers that section 66 does not apply to decisions under the PA 2008, it has taken into account the principles from the Barnwell Manor105 Court of Appeal case in undertaking this assessment (see Barnwell Manor Wind Energy Ltd v E. Northants DC English Heritage, National Trust & SSCLG [2014] EWCA Civ 137). This is because, pursuant to section 104(2)(d) of the PA 2008, the Secretary of State must have regard to “any other matters which the Secretary of State thinks are both important and relevant”. 12.11 In the Barnwell Manor case, the Court of Appeal held that decision makers should give 'considerable importance and weight' to the desirability of preserving the setting of listed buildings when carrying out the required balancing exercise pursuant to section 66(1). Ancient Monuments and Archaeological Areas Act 1979 12.12 The principal legislation in Wales relating to archaeological heritage is the Ancient Monuments and Archaeological Areas Act (1979) which provides statutory protection to Scheduled (Ancient) Monuments. Overarching National Policy Statement for Energy: EN1 (July 2011) 12.13 Section 5.8 of NPS EN1 provides policy in relation to the historic environment. This section advises that the construction, operation and decommissioning of energy infrastructure has the potential to result in significant effects upon the historic environment. Its principles and approaches reflect those that have subsequently been set out in the National Planning Policy Framework (NPPF) in England. 12.14 Further relevant parts of NPS EN-1 include: paragraph 5.8.3, which sets out that some heritage assets have a level of significance that justifies official designation; paragraph 5.8.4, which states that some heritage assets with archaeological interest are not currently designated as scheduled monuments, but are demonstrably of equivalent significance; and 105 Since considered in Mordue v Secretary of State for Communities and Local Government and others [2015] EWCA siv 1243 12-3 WREXHAM ENERGY CENTRE ENVIRONMENTAL STATEMENT paragraph 5.8.5 provides that the absence of designation does not indicate lower significance and that where an asset can be shown to be of demonstrably of equivalent significance to a designated asset then the same policy considerations should apply to that asset as if it were designated. 12.15 EN-1 indicates that the absence of designation for heritage assets does not indicate lower significance and that the applicant should ensure ‘…that the extent of the impact of the proposed development on the significance of any heritage assets affected can be adequately understood from the application and supporting documents’ (paragraph 5.8.10). 12.16 Paragraphs 5.8.11 to 5.8.18 of EN-1 provide guidance on how the decision maker should assess applications in relation to the historic environment. In terms of assessing harm, paragraph 5.8.14 states that: “There should be a presumption in favour of the conservation of designated heritage assets and the more significant the designated heritage asset, the greater the presumption in favour of its conservation should be. Once lost heritage assets cannot be replaced and their loss has a cultural, environmental, economic and social impact. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. Loss affecting any designated heritage asset should require clear and convincing justification. Substantial harm to or loss of a grade II listed building park or garden should be exceptional. Substantial harm to or loss of designated assets of the highest significance, including Scheduled Monuments; registered battlefields; grade I and II* listed buildings; grade I and II* registered parks and gardens; and World Heritage Sites, should be wholly exceptional.” 12.17 Paragraph 5.8.15 goes on to state that: “Any harmful impact on the significance of a designated heritage asset should be weighed against the public benefit of development, recognising that the greater the harm to the significance of the heritage asset the greater the justification will be needed for any loss. Where the application will lead to substantial harm to or total loss of significance of a designated heritage asset the IPC should refuse consent unless it can be demonstrated that the substantial harm to or loss of significance is necessary in order to deliver substantial public benefits that outweigh that loss or harm.” 12.18 These considerations are reflected in the assessment methodology set out below. 12.19 NPS EN-1 also recognises the contribution that the setting of an asset can make to the significance of that asset. In this context paragraph 5.8.18 provides advice in relation to proposals that may change the setting of a heritage asset: 12-4 WREXHAM ENERGY CENTRE ENVIRONMENTAL STATEMENT “When considering applications for development affecting the setting of a designated heritage asset, the IPC should treat favourably applications that preserve those elements of the setting that make a positive contribution to, or better reveal the significance of, the asset.
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