PLANNING AND DEVELOPMENT CONTROL COMMITTEE 11TH JANUARY 2011

ENVIRONMENT SERVICES

REPORT OF THE HEAD OF PLANNING – G.WHITE

INDEX OF REPORT ITEMS

PART 1 – Doc.Code: PLANDEV-110111-REP-EN-GW

1. APPLICATIONS DEFERRED FOR A SITE VISIT

1.1 APP NO: TYPE: Page Nos: Wards Affected: P/2009/1053 Section 36 Elec 5-111 Act PROPOSAL: CONSULTATION UNDER SECTION 36 OF THE ELECTRICITY ACT 1989 FOR CONSENT TO CONSTRUCT AND OPERATE A MAXIMUM 299MW GENERATING STATION COMPRISING 84 WIND TURBINES TO A MAXIMUM HEIGHT OF 145M, SITE TRACKS, FOUNDATIONS, UNDERGROUND ELECTRICITY CABLES, BORROW PITS, AN ON-SITE 33/132KV SUBSTATION AND OPERATIONS BUILDING WHICH WILL HOUSE SWITCHGEAR AND METERING BUILDIN/G, TWO TEMPORARY CONSTRUCTION COMPOUNDS, A CONSTRUCTION AND STORAGE COMPOUND AND ASSOCIATED WORKS/INFRASTRUCTURE. (ADDITIONAL INFORMATION RECEIVED 12/8/10) LOCATION: PEN Y CYMOEDD, SOUTH OF THE HEADS OF THE VALLEYS ROAD (A465) BETWEEN AND ABERDARE TO THE NORTH OF MAERDY, TREORCHY AND GLYNCORRWG AND TO THE EAST OF TONMAWR,

PLANDEV-110111-REP-EN-GW Page 1 of 204 2. PLANNING APPLICATIONS RECOMMENDED FOR APPROVAL

2.1 APP NO: TYPE: Page Nos: Wards Affected: P/2010/811 Outline 112-126 Glyncorrwg PROPOSAL: 8 SEMI DETACHED DWELLINGHOUSES (OUTLINE) LOCATION: LAND ADJACENT TO, NURSERY ROAD, GLYNCORRWG, PORT TALBOT SA13 3DR

2.2 APP NO: TYPE: Page Nos: Wards Affected: P/2010/813 Change of Use 127-134 Taibach PROPOSAL: CHANGE OF USE FROM RETAIL (CLASS A1) TO HOT FOOD TAKE-AWAY (CLASS A3) PLUS NEW SHOP-FRONT. LOCATION: 39 COMMERCIAL ROAD, TAIBACH, PORT TALBOT SA13 1LN

2.3 APP NO: TYPE: Page Nos: Wards Affected: P/2010/865 Full Plans 135-139 Neath North PROPOSAL: NEW EXIT ONTO HAZELWOOD ROAD LOCATION: JOHN SMITHS GNOLL, GNOLL PARK ROAD, NEATH

2.4 APP NO: TYPE: Page Nos: Wards Affected: P/2010/1100 Full Plans 140-176 Port Talbot PROPOSAL: CONSTRUCTION OF THE PORT TALBOT PERIPHERAL DISTRIBUTOR ROAD STAGE 2. THE APPLICATION IS AN AMENDMENT TO APPLICATION P2007/292 APPROVED 28TH AUGUST 2007. (ADDITIONAL INFORMATION UNDER REGULATION 19) LOCATION: LAND BETWEEN THE PORT TALBOT DOCKS AREA, AND THE A48 NEAR JUNCTION 38, PORT TALBOT

PLANDEV-110111-REP-EN-GW Page 2 of 204 3. PLANNING APPLICATIONS RECOMMENDED FOR REFUSAL

3.1 APP NO: TYPE: Page Nos: Wards Affected: P/2010/1081 Full Plans 177-181 Dyffryn PROPOSAL: CONSTRUCTION OF ONE DETACHED DWELLING AND GARAGE. LOCATION: DARRAN COURT, ACCESS TO DARRAN COURT, , NEATH SA10 6PS

SECTION B – MATTERS FOR INFORMATION

4. PLANNING APPEALS Page Nos: Wards Affected: RECEIVED 182-185 Seven Sisters Cadoxton Neath East Bryn & Cwmavon Tonna Trebanos

5. PLANNING APPEALS Page Nos: Wards Affected: DECIDED 186-193 Rhos North Cadoxton Neath East Coedffranc West Bryncoch South Bryn & Cwmavon

6. DELEGATED APPLICATIONS Page Nos: Wards Affected: DETERMINED BETWEEN 7TH 194-204 All DECEMBER 2010 AND 3RD JANUARY 2011

PLANDEV-110111-REP-EN-GW Page 3 of 204 Human Rights Act The Human Rights Act 1998 came into force on 2nd October 2000. It requires all public authorities to act in a way which is compatible with the European Convention on Human Rights. Reports and recommendations to the Sub-Committee have been prepared in the light of the Council’s obligations under the Act and with regard to the need for decisions to be informed by the principles of fair balance and non-discrimination.

Background Papers The relevant background papers for each of the planning applications listed in sections 1 to 6 above are contained in the specific planning applications files and documents listed in Background Information in each individual report. The contact officer for the above applications is Geoff White.

PLANDEV-110111-REP-EN-GW Page 4 of 204 SECTION A – MATTERS FOR DECISION

1. APPLICATIONS DEFERRED FOR A SITE VISIT

1.1 APP NO: TYPE: Page Nos: Wards Affected: P/2009/1053 Section 36 Elec 2-44 Glyncorrwg Act PROPOSAL: CONSULTATION UNDER SECTION 36 OF THE ELECTRICITY ACT 1989 FOR CONSENT TO CONSTRUCT AND OPERATE A MAXIMUM 299MW WIND FARM GENERATING STATION COMPRISING 84 WIND TURBINES TO A MAXIMUM HEIGHT OF 145M, SITE TRACKS, FOUNDATIONS, UNDERGROUND ELECTRICITY CABLES, BORROW PITS, AN ON-SITE 33/132KV SUBSTATION AND OPERATIONS BUILDING WHICH WILL HOUSE SWITCHGEAR AND METERING BUILDIN/G, TWO TEMPORARY CONSTRUCTION COMPOUNDS, A CONSTRUCTION AND STORAGE COMPOUND AND ASSOCIATED WORKS/INFRASTRUCTURE. (ADDITIONAL INFORMATION RECEIVED 12/8/10) LOCATION: PEN Y CYMOEDD, SOUTH OF THE HEADS OF THE VALLEYS ROAD (A465) BETWEEN NEATH AND ABERDARE TO THE NORTH OF MAERDY, TREORCHY AND GLYNCORRWG AND TO THE EAST OF TONMAWR, PORT TALBOT

PLANDEV-110111-REP-EN-GW Page 5 of 204 BACKGROUND INFORMATION

Planning History 93/9291 – Erection of wind turbine generators and ancillary development to include construction compound, transformers and access tracks – Gwaun Blaencorrwg - Refused 1/2/94 94/9660 – Turbines and associated infrastructure – Gwaun Blaencorrwg – Refused 3/11/94 02/1322 – Ffynon Oer wind Farm, Abercregan/ – 16 Turbines Approved 27/5/03 07/607 – Mynydd Corrwg Fechan – Four turbines and associated infrastructure – Refused 11/12/07 Publicity and Responses (if applicable): Prior to the submission of the application, the applicants undertook a community consultation as part of the development of the project and which is fully detailed in the Report of Consultation presented as part of the planning application, in accordance with the requirements of the Authority’s Supplementary Planning Guidance for Wind Farms.

The Applicant advises that the consultation process included the distribution of 3 newsletters to 37,303 local households and considers that the remaining householder objections need to be seen in this context. An independent survey, completed by BMG Research, was designed “to be as representative a sample of residents in the immediate area of impact of the Pen y Cymoedd Wind Farm as it is possible to draw “. It showed that, for residents, ‘the most important considerations in deciding on their position in relation to Pen y Cymoedd appear to be environmental and sustainability issues. The large majority also see great significance in the potential for sites to generate employment and the wider community benefits… The collective view of the sample (of local residents) is one which is, in substantial majority, supportive of the principle and practice of wind farm development.”

The Applicant indicates they are grateful to the more than 1500 residents who gave their time to assist in the development of the project through the consultation. They attended drop-in sessions, provided written comments, took part in a door to door survey, and attended workshops for key stakeholders. Three quarters felt that Nuon had listened and responded to the matters they had raised.

The proposal has been advertised by means of a press notice and the posting of 69 site notices. 107 individual letters and one petition of

PLANDEV-110111-REP-EN-GW Page 6 of 204 objection (47 signatures) have been received objecting to the proposal on the following grounds: - A wind farm already exists in the area and they should be shared around the country; - The turbines should be built out of sight of the village and further away from houses; - The turbines are too high; - A wind farm comprising 16 turbines already exists in the area; - The proposed development would be detrimental to the amenities of the area because of its overwhelming visual impact; - Noise which has been shown to cause sleep deprivation, pulse irregularities and states of anxiety from the effects of infrasound (sound of frequencies below the normal audible limit); - They will be a danger to birds, wildlife and people; - All the turbines in the and Valley are in proximity to Glyncorrwg and enclose three sides of the village; - The apparent gap in the Pen y Cymoedd wind farm between Abercreggan and Glyncorrwg is actually the Ffynon Oer Windfarm, although not part of this proposal need consider the cumulative effect; - The proposal differs from Ffynon Oer Wind farm as the proposed turbines are 170 ft taller and will spread across every view of Glyncorrwg; - Availability of details of the application within Glyncorrwg which is the most affected village, Nuon could use the Nodfa Community Hall to put their case forward but the community are not allowed to put theirs; - Difficult to visualise a wind farm of 84 turbines in what is a beautiful countryside; - The proposal will impact on visitor numbers to the valley which has become more attractive in recent years due to the demise of coal mining; - Danger from landslides which will affect the safety of existing residents; - Danger to bikers, walkers and bird watchers; - Blades of turbines have broken off, fires have occurred, ice on the blades have been thrown off and landslides can follow because of the weight of the turbines; - Proposal is out of keeping with this rural landscape; - Devaluation of property; - Impact on tourism especially Glyncorrwg Ponds, Mountain Bike Centre, walking and bird watching together with the potential loss of jobs;

PLANDEV-110111-REP-EN-GW Page 7 of 204 - Effect TV reception; - TAN 8 demands that communities should not be hemmed in by more than 180 degrees and Glyncorrwg would be hemmed in both physically and visually; - The turbines will dominate the Valley Road access to the village; - The height of the turbines will be 33ft (10 metres) taller than the full height of the Seven bridge from water level to the top of the towers; - Damage to the environment; - A line drawn between Turbine 3 and Turbines 61/62 completely encloses Glyncorrwg on three other sides. This makes the application invalid; - There is no precedent for such a massive wind farm; - Against human rights; - The submitted details indicate that Turbine 19 is within 1.4km of residences to the east, turbine number 61 appears to be 1.49km from the farm and just 1.67 km from Norton Terrace, Glyncorrwg. At Abercregan turbine number 3 appears to be just 1.28 km from the village and just 0.95 km from a nearby house. As the details indicate that subject to land conditions the turbines could be moved 50 metres in any direction which is worse than originally thought; - Due to the size of the turbines they will dominate the two villages and the skyline for many miles; - The view montages provided appear to illustrate the turbines much paler than they will be in reality but also smaller. Four hundred and seventy five foot high turbines would be large. The turbines are illustrated to be the same height as Ffynnon Oer which is not the case as the proposed turbines stand 170ft (51.8m) higher; - Concerned regarding the proximity of the borrow pits to the villages of Abercregan and Glyncorrwg; - Increase in noise and disturbance; - Concerned deliveries will take place in the middle of the night; - Any blasting on the site needs to be determined before consent is granted; - The Applicant recognises that the proposal will have a significant impact on the environment and ambience of Glyncorrwg, the implication being that the area is not actually suitable for major wind farm development. The TAN 8 directive it does say that it is ‘broad brush stroke’ selection and some areas may not be suitable for technical and environmental reasons. The selection has not taken into consideration the preservation of our valuable countryside, and the number of local communities who’s health and well-being will be put at risk if the proposal is allowed to go

PLANDEV-110111-REP-EN-GW Page 8 of 204 ahead; - Loss of trees; - Community benefits which have been offered are a ‘bribe.’ There is no compensation for what we will lose although in a poor area this could tempt people to accept what is not acceptable. This should not be part of the planning consideration; - Since the demise of the coal industry extensive improvements have been made to the environment. This proposal will damage the existing landscape and the work and investment provided so far; - Turbines are too high; - There are too many turbines proposed; - Impact on human health both physically and emotionally. The ‘flicker effect ‘ of sun on the rotating blades is known to have a severe effect on health, findings have proved that normal sized wind farms of much smaller turbines than proposed here causes sleep deprivation, stress and heart problems as well as many other disorders. To ignore these findings and surround communities with one of the largest wind farms in the UK would deny residents of their human rights. - Is there a protocol/policy from the Forestry Commission on the risks of fires caused by wind turbines? - Was the Fire Brigade consulted on the fire risk posed by wind turbines? - The mountain bike trails are world famous. Will there be a risk to the safety of those who use the mountain bike trails because of the wind farm ? - If a fire occurred at the wind farm how would it be put out ? - In terms of ice throw, does the decision by Ecotricity not to build a wind turbine at Manchester City FC set a precedent for not building wind turbines which would endanger people nearby. Have the dangers of ice throw been considered with this application ? - As with the Crystal Rigg wind farm in Scotland, will signs be erected to warn people about the dangers of ice throw ? - Will mountain bike trails and footpaths and forestry roads have to be closed when there is severe weather ? - The turbines are inappropriately sited and should be sited so as to be less obtrusive; - Increase in traffic; - Distraction to drivers; - Economic impact in an area which already has high unemployment; - Wind turbines can be noisy and in the valley any noise echoes and carries for long distances. The amount of noise will not be known

PLANDEV-110111-REP-EN-GW Page 9 of 204 until the turbines are operating and then it will be too late; - Recent research shows that there is interference from turbines for telecommunications and television transmissions; - Wind turbines are unreliable producers of energy, the capacity fluctuates as the wind varies. This proposal will have a devastating effect on the community for a relatively small return of energy; - Support for Hywel Francis’s bid to have this area designated as an Area of Outstanding Natural Beauty; - A previous application has been refused in this area; - The proposal will have a long term impact on the survival of this community as the development will deter people from moving to the area; - Impact on ecology; - Impact on drainage and natural environment; - Loss of forestry; - The local road infrastructure is totally inadequate to allow safe access to the area. There are no arterial roads in the area, and the road at Pontrhdyfen is unsuitable for heavy vehicles. Access from the Heads of the Valleys Road would require a massive network of access roads to be built right across the countryside; - Question the timing of the submission of the application ie. before a holiday period and delay between the public exhibition and submission; - Pollution; - Impact on peat beds and carbon capture; - What are the long term plans for the concrete foundations; - Evidence suggests that the wind farm will not only be visually obtrusive, it will also be unreliable, ineffective and destructive; - Wind power is a short term fix for a long term problem; - The removal of the turbine at the top of Craig y Llyn was a tactical move as Nuon’s intention to remove this was seen to be reacting to public feedback after consultation. is still left with 2 turbines (24 & 25); - Due to the extensive concerns expressed by local residents, particularly in Glyncorrwg a public enquiry is required; - Request an extension of the consultation period until February 11th 2010and the extension of the buffer zone from two kilometres to three kilometres; - Will closure of existing biking trails be adequately publicised ? - They will Dominate the landscape as they will be totally out of scale with the hills; - The turbines will be a distraction to drivers; - The proposal is considered to be an unjustified form of

PLANDEV-110111-REP-EN-GW Page 10 of 204 development within the open countryside; - Many of the turbines appear to be on the slopes down to the village of Glyncorrwg and not over the brow of hills as appears from the visualisations; - Turbine 19 is on the slope towards the village forward from the peak which appears to be the main track along the brow of the hill. A turbine nearly the height of the hill and forward of the top would be more dominant than in the visualisation; - The turbines opposite the Port Talbot Road between Abercreggan and Duffryn would be very dominant; - The scale and contrast of the turbines in the images may be misleading; - Turbine No 61 is within 40 metres of the boundary of Nant yr Allor Farm and will interfere/contaminate the water supply leaving the property without basic facilities and uninhabitable; - Ruin skyline - Poor use of forest land; - Fear that the Wind farm would blight the Glyncorrwg Ponds project; - The wind farm will not improve the social prospects of the people of Glyncorrwg; - No consideration for minimising the landscape and visual impacts; - The promise of a community benefit package, but many developments around the country have not produced the funding they had initially promised; - One turbine manufacturer states that dwellings should be at least 2km away; - Flickering effects caused by sunlight filtering through the blades which can impact on wildlife and humans; - Wind turbines cannot generate electricity if the wind is too light or too strong; - Cannot be stored and feeding it into the national grid is complex and costly a bill ultimately paid for by the developer; - All wind turbines need reliable back up to maintain uninterrupted supplies to the national grid when the wind is not blowing. These have to be available at short notice, which means running, which means burning fossil fuel. So any reduction in CO2 emissions derived from wind energy is minuscule, unless nuclear power is the chosen alternative. Any number of wind farms cannot replace a single conventional power station without inviting frequent blackouts.

PLANDEV-110111-REP-EN-GW Page 11 of 204 - Developers claim their turbines will last 20-25 years. Two in are being replaced after just 9-12 years - naturally with even larger turbines. - The rush for onshore wind farms is wholly in pursuit of profit. It is acknowledged both inside and outside the wind industry that off shore installations are more efficient, but at least 30% more expensive to build; - Wind power is the least efficient and most environmentally intrusive form of renewable energy; - Loss of existing mountain bike trails and also the potential for adding to those trails; - The gap between Abercreggan and Glyncorrwg is the existing Ffynon Oer Wind Farm, the cumulative effect of the existing and proposed turbines do not meet the guidelines which state that turbines should not enclose communities by more than 180 degrees; - Water as opposed to wind which is intermittent, is a constant source of power; - Turbines will detract from the natural beauty of the area; - The photomontages are very misleading ; - Doubts about the wind speed data and the bird surveys; - Request the EIA is undertaken again due to the wide range of errors in this document; - The application conflicts with the Council’s statutory duty under the Countryside Act 1968 to preserve and enhance the countryside; - An alternative site should be found which could offer greater opportunities for power generation; - A Biomass plant could be established near Glyncorrwg using local forestry waste and fast growing wood. This could provide an income for local farmers and would create permanent jobs for the community; - There are many archaeological sites on or near to the proposed Wind Farm; - The Landscape and Visual Impact Assessment is highly misleading; - All the photomontages submitted are 140mm high or smaller, Newcastle (2002) recommends a height of visualisations of 200mm The Scottish Natural Heritage (2006) SNH relates three problems that have occurred when size recommendations were not met:  the image was not clear because it was too small to represent the required amount of detail;  the image was held at the correct viewing distance, but this

PLANDEV-110111-REP-EN-GW Page 12 of 204 was too close to be viewed comfortably;  more commonly the image was naturally held by the viewer at a comfortable distance, but this was not at the defined viewing distance so that the geometry of the image was incorrect and thus the image scale and the elements seen within it) was viewed incorrectly;

- no attention is drawn to or description given to the viewing distance for the visualisations; - SNH recommends that all visualisations state whether the image is panoramic or planar perspective and/or cylindrically projected. Nuon’s visualisations do not state these details; - A photomontage should be presented on a separate page from the photograph and/or wire line. This has not been provided; - Only 3 viewpoints have been selected from Glyncorrwg the town most affected and excluded views from the bike centre, fish ponds or campsite; - The viewpoints selected are devoid of objects to compare the height of the proposed turbines; - The majority of the images include deliberate positioning of distracting or screening features within the photograph; - Viewpoint photographs should be taken in weather, visibility and lighting conditions that would allow operational wind turbines to be captured on a photograph. Many of Nuon’s photomontages suffer from lack of contrast due to grey or white cloud in the part of the skyline where the wind farm would be sited. This tends to hide the turbines and lessen their impact. Others are taken direct into sunlight, again damaging the viewer’s ability to assess the image; - Portrait orientation for photographs is useful where there is strong vertical component to a view, for example where there are steep mountains or where wind turbines would appear very close to the viewer. No such images have been included; - Information on the exact location and conditions of individual view points is required to be able to create accurate visualisations. This is absent from the LVIA; - The numbering of the viewpoints is confusing; - The SNH (2006) states that all viewpoints should appear on the ZTV overview maps. These have not been provided; - Nuon state that the panoramas used as the basis for their photomontages have been created by stitching together a number of photographs using computer software which is less accurate; - Several key visualisations have been created with a field of view of

PLANDEV-110111-REP-EN-GW Page 13 of 204 180ºor 360 º. Not only are panoramas this wide very difficult to assess for their apparent scale of objects within them, but Nuon have annotated their accompanying maps with field of view markers that seem to suggest that these visualisations have only 90º field of view. This is misleading; - Viewpoint 13 points away from nearest turbines, and moving slightly further to Blaencwm would be far more revealing than the location selected; - Visualisations have not been provided for viewpoints 55,59,66,69,70 and 75 where turbines would be very prominent. Attention is drawn to viewpoint 66 which is a view across Glyncorrwg from the south, where the omission of a photomontage seems particularly unfortunate given the sensitivity of that location; - Nuon have used a dataset to generate their wire line diagrams that is not recommended for the environment in which they are working; - Nuon do not state whether their wire line diagrams are corrected for curvature of the earth or for the atmospheric refraction; - It is essential to include some wire lines within the appendices that have individual wind turbines numbered, these could not be found; - Nuon contend that since their wire lines exclude buildings they would be the worst case scenario since in the real world buildings and vegetation might block a view of the turbine. However, elevated views would exist from the second and third stories of buildings which would be worse than the ground level view offered in the wire lines; - Nuon claim to have reduced the visual impact of the proposed development by reducing the number of turbines and certain amount of resiting, all parts of Glyncorrwg will retain a close view of large parts of the wind farm. A reduction in the number of turbines to mitigate in any way the overbearing visual impact of being hemmed in on three sides by 475 ft turbines; - The authority’s guidance states that it is unacceptable for a development to surround (take up more than 180 degrees of the view) of a community. It is suggested that this is avoided due to their selection of viewpoints; - In volume 2 (Supporting Figures) the town of Glyncorrwg is omitted; - Nuon quote research into the visibility of moving blades at a distance ranging from 53.5m to 85m blade tip height. in order to scale up the results for the 145m turbines they propose they suggest scaling up the results by 30-40% therefore understating the distance at which these turbines would draw the eye;

PLANDEV-110111-REP-EN-GW Page 14 of 204 - The use of photomontages under represents the impact of the wind farm; - Several maps have been supplied at the wrong scale and marked their 180 degree and 360 degree viewpoints in such a way as to suggest that they are only showing a 90 degree field; - Nuon claim that no part of Glyncorrwg will see wind turbines over a greater viewing angle than 140º. There are a number of locations in the town that will be subjected to views over an angle greater than the 180º limit given by the NPT Interim Guidance; - The use of panoramic view photos and photomontages is highly misleading, and leads to wind turbines appearing to have much less impact in the image than in real life. We urge the Committee to visit the proposed site and see for themselves the likely impact on this area; - How will the habitat enhancement programme worth £3 million pounds be administered ?; - Request for a site meeting from the occupier of Nant yr a Allor to discuss the impact of the proposed Turbine 61 on water supply and the required micro siting

Seven letters of support have been received which make the following comments: - the proposal offers many opportunities for the local economy through the creation of jobs for local people and use of materials; - the provision of sustainable energy resources is essential for the future of the planet and the local environment.

One letter has been received from Dr Hywel Francis MP for Aberavon which confirms: - his support to the objections made by local residents at Glyncorrwg regarding the scale and location of the proposed turbines; - that he is not opposed to renewable energy, merely that the wind farms should be properly sited with minimal awareness of their existence and not be detrimental to scenery, views, noise and local well being. The present proposals will be visible, audible and obtrusive; - his agreement with The secretary of Glyncorrwg Trekkers who takes pride in the gradual improvement in our post –coal landscape. These proposals will encircle our village, dominating the skyline and disfigure our precious mountains; - his belief that the economic impact will be largely negative, much has been achieved to develop tourism and leisure in the Afan Valley and the Mountain Bike Centre could be seriously affected;

PLANDEV-110111-REP-EN-GW Page 15 of 204 - A briefing paper published by the House of Commons Library (Consents for Wind farms – Onshore SN/SC/4370) identifies several examples of why wind farm applications are rejected. In some instances the circumstances are very similar to the situation in Glyncorrwg. Two examples:  A major wind farm with 24 turbines, just outside the boundary of the Lake District National Park was refused consent because “the adverse impact on the landscape would be so great that it is should be the determining factor leading to his recommendation;  A community wind farm comprising four turbines, each with a height to blade tip on 100m was rejected at a site in following a ruling that it was not needed and would harm the landscape;

- that these proposals will have a significant long term detrimental impact to our locality which is slowly emerging from decades of desecration of our beautiful landscape; - common sense approach of the Scottish Government whose Principal Planner Mr Gordon Marchbanks wrote to the National Assembly for Wales Chair Petitions Committee, Mrs Val Lloyd on 16th November as follows, “The 2Km separation distance applies to cities, towns and valleys. Its purpose is to guide planning authorities in identifying broad areas of search in their development plans or supplementary planning guidance for wind farm proposals over 20 megawatts. SPP6 also confirms that planning authorities should use broad criteria to ensure that proposals are not permitted if they would have a significant long-term detrimental impact on the amenity of people living nearby. The principle applies equally to all dwellings, whether within or out with broad areas of search.”;

Two letters have been received from Dr Brian Gibbons A.M –National Assembly for Wales (Aberavon). The comments are as follows:

- the application should not be approved without a full and open investigation of the issues through a public enquiry; - the proposal is for over 80 turbines, up to 450ft high covering a fairly narrow valley, with the turbines located on the sky line for many residents; - the problems will be particularly bad for the former mining village of Glyncorrwg which nestles in a narrow valley and will be surrounded on three sides by turbines;

PLANDEV-110111-REP-EN-GW Page 16 of 204 - in view of the size of these turbines, their proximity to settled communities, their noise levels and potential cumulative effect of wind farm development, a full public inquiry is needed before making a decision on this application; - in respect of the supplementary environmental information , there is nothing in these documents to lead me to modify my view that, at a minimum, there should be a minimum buffer zone of 3 km around Glyncorrwg for this development. This is particularly important for those turbines to the north east of the village.

Glynneath Town Council: raises an objection to the proposal on the following grounds:  parts of the wind farm would be extremely visually intrusive to many local residents living in Glynneath with the height of each turbine at 145m being totally unacceptable;  wind farms of the enormous size of that proposed, in terms of number of turbines of 84 and their height of 145m should be placed off shore where their impact would be minimal;  the placing of turbines of such an enormous size on land previously deep mined could result in destabilizing the mountainside;  the development as proposed is so extensive as to result in the decimation of the local landscape and destroy views of local residents towards Craig y Llyn and beyond and would damage local ecology;  the Neath Valley is a very beautiful area that has already reached saturation point as far as wind farm development is concerned, the area has made its contribution and no further wind farm development is wanted nor can be reasonably justified.

Blaenhonddan Community Council: No objection

Neath Town Council: No objection

Pelenna Community Council: No objection providing the development progresses with minimum disruption to the local community and minimum visual impact. We also anticipate that safeguards are put in place to ensure maximum protection in all other respects for the community.

PLANDEV-110111-REP-EN-GW Page 17 of 204 Tonna Community Council: No reply, therefore no observations to make

Head of Engineering & Transport (Highways): No objection subject to no deliveries of plant materials or turbine parts shall be routed along Aberdare Road/Merthyr Road, Pontwalby or any other road within the authorities boundaries other than the A465 unless agreed in writing by the Local Planning Authority.

Head of Engineering & Transport (Drainage): No adverse comments.

Footpath Section: confirms a number of footpaths and bridleways fall within the application site.

Welsh Water: No reply, therefore no observations to make

The Coal Authority: objects to the proposal on the following grounds:  within the 25 years consent period this wind proposal would constrain this area being potentially considered by operators for surface mining proposals and is in effect sterilising the surface coal resources;  the Environmental Statement does not make it clear what the applicants approach would be to stabilisation if voids are encountered during site investigation;  concerns regarding the limitations of the interpretation of the information and some of the conclusions that have been reached. Of particular concern is the statement that the actual footprint of the 84 turbines is small and hints that mineral extraction operations can take place in and around the turbines. It is considered that the two operations do not make good neighbour developments;  The proposed layout has been informed by coal mining data, with turbines positioned to minimise conflict with known hazards such as mine entries. However, conflict does exist with one of the proposed turbines and some of the associated development such as access roads. The applicant should identify if instability issues exist and propose any mitigation measures necessary to ensure the stability and safety of the proposed development.

Pollution Control Section (Land contamination): recommends that the applicant conducts a Health and Safety Risk Assessment for the construction works and a condition imposed that in the event that

PLANDEV-110111-REP-EN-GW Page 18 of 204 contamination is found at any time a report is submitted for approval.

Pollution Control Section (Air): advises in respect of borrow pits if any crushing of stone is to take place using mobile equipment, then notification of details of the permit should be forwarded before the plant moves site. Sufficient bowering capacity should be made available for suppressing dust from site roads in all weather conditions. Arrangements for dust suppression should also be made in respect of dusty stockpiles.

Head of Housing and Public Protection (Noise): advises that predicted noise levels from the proposed wind turbines as well as pre existing wind farms and those that consents have already been calculated and from the data provided and the predicted operational levels, fall within the guidance levels suggested by ETSU document. Construction and decommissioning noise levels have also been predicted and are also well within the guidance limits. However, it is noted that at present it is not known if piling operations will be required which will depend upon ground conditions. If piling is required it is suggested that the contractor before commencing operations contacts that section to discuss the hours of piling operations in order to minimise disturbance to local residents.

Mid Wales and West Fire and Rescue Service: advises that the developer should consider the need to provide adequate water supplies for fire fighting purposes.

Wales and West Utilities: advises on the location of its apparatus.

National Grid: Due to the nature of the planning application and the presence of National Grid apparatus within the site, the contractor should contact National grid before any physical works are carried out to ensure the apparatus is not affected.

Western Power Distribution : No Objection

Glamorgan Gwent Archaeological Trust: No Objection, subject to the imposition of a suitable condition requiring the applicant to submit a detailed programme of investigation for the archaeological resource and the historic landscape, similar to that programme in the ES and ASIDHOL (which is a methodology for assessing the indirect and visual effects of the proposals on the historic landscape) but in more detail.

CADW: advises that the ES should have stated a presumption to preserve the 4 scheduled ancient monuments and 1 listed building in situ. This can

PLANDEV-110111-REP-EN-GW Page 19 of 204 be achieved by fencing out in advance of the main construction works to avoid any accidental damage. Once construction is complete the fences should be removed and any replanting of trees designed to enhance the setting of the sites. In the case of the scheduled part of the Glyncorrwg Mineral railway it is 3km away but the proposed scheme has been modified to preserve the length of the mineral railway adjacent to the site.

The residual direct impact is therefore resulting from the laying of the underground grid connection through the early medieval dyke Ffos Tongcenglau. There is an existing forestry track that will be used for crossing but this may be too narrow to fit the standard cross section required. If that is the case then scheduled ancient monument consent will be required from CADW before construction can commence. It is likely that a total excavation of the section through the bank and ditch of the dyke will be required.

In terms of the setting of the monuments, there is no practical mitigation other than the removal of individual turbines from the scheme. If planning consent were granted, then the development would only be 25 years so the impact upon the setting would be time limited. However, there will be some effect upon the setting of scheduled ancient monuments. All these sites are on the edge of mature coniferous woodland which already diminishes their setting and will to some extent ameliorate the effect of the adjacent turbines. Potentially more significant is the effect upon the setting of GM366 and 367 (above Abercregan/Resolven). This has already been significantly affected by the Ffynon O’er wind Farm, which lies to the immediate south-east, and is on higher open ground. Turbine 9 to a lesser extent turbines 5-8 and 10-11, will extend that effect around to the south west of the two scheduled ancient monuments. CADW considers that the setting of scheduled ancient monuments is a material planning consideration and that these effects should be given due weight in considering a planning application.

It is recommended that a condition is attached to any consent requiring a programme of archaeological work.

No concerns are raised regarding the impact of the proposed development on the registered landscape.

Forestry Commission: No reply, therefore no observations to make.

The Biodiversty Unit: advises that previous comments from the Biodiversity Unit have requested further assessment to establish the

PLANDEV-110111-REP-EN-GW Page 20 of 204 functioning of the whole peatland system, including its hydrological regime. The Unit are unable to find reference to this in the ES or SEI information submitted. Therefore, the Unit have concerns regarding the impacts of the scheme on the peatland system and whether the mitigation and the proposed bog restoration will work.

Neath Port Talbot Biodiversity Forum : offers the following comments

Habitats The sub-group are aware that various interesting habitats exist underneath certain areas of forestry plantation and suggest that a pre-felling report and habitat plan be produced by Forestry detailing these habitats and that this should then be considered by the Biodiversity Forum.

The peat is a priority habitat for conservation locally. The function of the peat as part of a whole peatland system has not been fully explored and understood; rather work has concentrated on the known peat resource in the immediate vicinity of the proposed turbines and tracks. It is not clear from the information presented how the water system works between the geology and the overlying peat, clearly disturbance to the drainage system could have both positive and negative outcomes which should be clear from the outset.

Birds

Nightjars are doing well in this area. Protection for them could include stopping turbines at key times and places and providing deterrants to nesting in the immediate vicinity of the turbines.

Mammals Bats- It would be difficult to prove that bats either do or do not fly into turbines but suggest that proof could be obtained if a infra-red /thermal imaging camera were attached to an existing turbine in a similar habitat. This would provide evidence that is currently unavailable. Mitigation for bat species could include turning off key turbines at night. Badgers-The locations of Badger setts in the area remains unclear, a habitat survey undertaken prior to felling could add to the current information.

Habitat Restoration/Enhancement

Although habitat restoration has no guarantees the Forum would support all attempts to do this. A detailed habitat plan which could be drawn from

PLANDEV-110111-REP-EN-GW Page 21 of 204 the pre-felling survey would allow both the developer and the Forum to make informed decisions.

Funding It is important that whatever amount of money is allocated for restoration/enhancement that it is held by an organisation that can maximise the funding by drawing on available grants etc. The current review of quangos and other organisations in Wales may change the status of current local organisations such as the Forestry Commission; this should be considered prior to allocation of funds. Ideally the bulk (75%) of any funding would be released at the start of the project with the remainder, index linked, over the next 20years.

Management The Forum would wish to remain involved throughout the lifetime of the project. We suggest the model of management used by the Selar Opencast be adopted which gives a steering committee both advisory and punitive functions. The opportunity to change plans as local environmental/ biodiversity impacts become clear is essential.

The Department of Energy and Climate Change have consulted with the following bodies and their responses are summarised below:

Countryside Council for Wales: Raises no objection subject to the imposition of conditions and the signing of a S106 Agreement.

CCW acknowledges that the proposed development will make a significant contribution to meeting renewable energy targets, but also acknowledges the impact on the natural heritage. Originally an objection was raised to the proposal on the grounds of the impact of the application on landscape and visual amenity and the effects on peatland habitats. Also concerns were raised regarding the EIA process employed by the applicant. Following a number of meetings with the applicant and the submission of Supplementary Environmental Information they state that this has sought to reduce the impacts on landscape and visual amenity, Craig y Llyn SSSI and peatland habitats together with the increased habitat restoration proposals presented as part of the scheme.

CCW also acknowledges the applicants commitment through the signing of a Unilateral Undertaking to remove 5 turbines and associated infrastructure from the scheme which include 19 and 20 which are proposed to be sited within this authority and 36, 37 and 47 which are located within the administrative boundaries of Rhondda Cynon Taff

PLANDEV-110111-REP-EN-GW Page 22 of 204 County Borough Council. These amendments are considered to help mitigate the landscape and visual impacts of the development.

Civil Aviation Authority : No adverse comments

Welsh Assembly Government: advises that the Nature Conservation branch have no objections. They also note that there are no European Protected Species issues, that concerns regarding other priority species are thoroughly addressed, and that the proposal raises no concerns regarding protected habitat. In addition, they particularly welcome the proposal to regenerate a substantial area of upland peat bog.

The Transport Division feel that it is likely that works will be required to the highway network, including areas outside the existing highway boundaries, in order that the wind farm components can be safely transported to the site, whilst safely accommodating traffic. They feel that the Applicant has neither provided adequate information in the submission to identify this, nor provided an adequate traffic management plan. Therefore, it is felt that the environmental statement does not adequately cover the transportation route.

In respect of the SEI, the Transport Division confirms that trial runs have been undertaken to demonstrate that movement of delivery vehicles along the route are viable and will have minimal impact on local communities, and as such raises no objection to the proposal subject to the imposition of conditions.

The Technical Services Division has noted that the ES provides adequate details of the site lay-out, location of borrow pits and estimates of total land take. In addition they consider the description of waste management measures to be adequate for this phase of the planning process. The ES also addresses soil types and potential impacts, with specific reference to peat. While the text refers to limitations with the assessment due to the extensive forest covering, they consider it to be adequate for this stage of the planning process as there is reference to further survey. They also feel that there are clear descriptions of soil storage conditions and how sites may be regenerated following construction. They acknowledge that the ES includes a survey of the water features associated with the site, and appropriate targeted baseline surveys are also included. Also that the degree of tree felling envisaged is clearly detailed together with general statements relating to good practice and pollution prevention measures.

In respect of CADW, the response has been summarised earlier in this

PLANDEV-110111-REP-EN-GW Page 23 of 204 report.

Environment Agency Wales: No objection , subject to the imposition of conditions

Royal Society for Protection of Birds: Originally an objection was raised on the grounds of the impact of the proposal on honey buzzards and nightjars. In relation to nightjars, the RSPB considered that the Environmental Statement did not contain sufficient information on the potential impacts of the wind farm, and the proposed mitigation measures were inadequate to avoid/reduce the potential impacts. With regards to honey buzzards it was considered that further information was necessary in relation to habitat management for honey buzzards. Following a review of the Supplementary Environmental Information (SEI) provided the RSPB withdraws its objection to the application subject to the imposition of conditions to safeguard honey buzzards, nightjars and their habitats.

Description of Site and its Surroundings:

The application site lies upon the upland plateau immediately to the south of the A465 heads of the Valleys trunk road between Neath and Aberdare spanning the borders between this Authority and Rhondda Cynon Taff County Borough County. The entire site is within land owned by the Welsh Assembly Government and managed by the Forestry Commission Wales, with the exception of the road corridor that connects the western and central area and part of the grid connection route. The region in which the site is located has a long history of surface, shallow and deep coal mining. The proposed turbine locations are entirely within Strategic Search Areas (SSA) F (as set out in TAN 8) and within the refined area adopted by the Authority following the study of SSAs E and F for a Consortium of South Wales Valleys Authorities in the Council’s Interim Planning Guidance (IPG).

The proposed development’s application boundary encloses approximately 46.8 km2. The western area is entirely within this Authority and lies within the upland plateau north of the communities of Glyncorrwg, Blaengwynfi, Cynnonville and Dyffryn; north-west of Abercregan : south of Resolven, Melincourt and Clyne, and east of Tonmawr. Immediately to the east of the western area is the operational Ffynon Oer Windfarm consisting of 16 turbines.

Eleven turbines are proposed in the western area of the application site located in Mynydd Nant-y-bar in the south of this area, containing north

PLANDEV-110111-REP-EN-GW Page 24 of 204 onto an upland area above the catchments of Nant Blaenpelennna, tributary to the River, and Melincourt Brook tributary to the .The western area is separated from the central area by a private strip of land.

The central area of the application site is geographically the largest and comprises the majority of the proposed development (52 turbines). Thirty seven are located within this Authority with a further fifteen within Rhondda Cynon Taff County Borough Council. The turbines are located in Darren Ddu, Mynydd Blaen-nant-ddu, Bryn Llydan and elevated areas north of Glyncorrwg valley. The turbines spreads eastwards on Twyn Corrwg Fechan, Cefn Grug and Mynydd Pen-y-cae, and continue south in the localities of Garn Fach, Garn Careg, due east of Corrwg and Rhondda Fawr Valleys. The central and eastern areas are divided by the A4061 Rhigos road. Access from the central to the eastern area requires crossing this road.

The eastern area is entirely within Rhondda Cynon Taff Borough Council and comprises 21 turbines.

The plan, overleaf, shows the application boundary, turbine locations, TAN8 SSA boundary and the IPG boundary.

PLANDEV-110111-REP-EN-GW Page 25 of 204 PLANDEV-110111-REP-EN-GW Page 26 of 204

Brief description of proposal:

This is a proposal to construct and operate a maximum 299 MW wind farm generating station comprising 84 wind turbines to a maximum height of 145m, site tracks, foundations, underground electricity cables, an on-site 33/132kV substation and operations building which will house switchgear and metering building, two temporary construction compounds, a construction and storage compound and associated works/infrastructure. Six borrow pits are proposed to be located to the north, north –west and north-east of Glyncorrwg. Members should note that the Applicant has signed a Legal Agreement omitting 5 turbines. The proposal is, therefore for 79 turbines.

Construction of the wind farm would be compromised of three main elements. Firstly, forestry clearance and ground preparation to allow access. Secondly, civil and electrical construction of the infrastructure and thirdly, erection and commissioning of turbines. It is envisaged that the construction of site tracks and crane pads would utilise stone quarried from borrow pits within the wind farm site itself. Details regarding the siting of these pits have been provided, although the final design would be subject to approval. The underground 33kv cables from the turbines would be brought together at the on site substation, metering and control building, located within a 140m x 100m compound in the central area of the application site just inside the County boundary above Glyncorrwg. The on site substation is required to convert the voltage to 132 KV for transmission to the main grid connection point in Hirwaun. Initially it is intended to use the substation area as a borrow pit. A building of approximately 40m x 20m is envisaged to be required to house the switchgear, metering, control and communication equipment required to operate the wind farm. In addition, a smaller 20 m x 10 m building will be required containing welfare facilities. The final configuration, layout and finish of both buildings are to be determined, however it is envisaged that the building would be of a vernacular, pitched roof and concrete block construction with finishes and detailed design to be agreed prior to construction.

In view of the size of the proposal , this is an application under Section 36 of the Electricity Act 1989 and the determination rests with the Department of Energy and Climate Change (DECC). This Authority is one of the statutory consultees and we are requested to give our observations to DECC. It should be noted that if the Authority objects, and the Department of Energy and Climate Change could not overcome

PLANDEV-110111-REP-EN-GW Page 27 of 204 those objections by imposing conditions, a Public Inquiry would then be held.

The application is accompanied by an Environmental Statement (ES) which deals with a range of issues, but primarily deals with the following :- 1) Project Overview. 2) Needs for and benefits of the proposed development. 3) Site Selection. 4) Project description. 5) Planning Policy. 6) Landscape and Visual Assessment. 7) Socio-economics and tourism. 8) Ecology Assessment. 9) Hydrology and Hydrogeology 10) Geology, Mining and Mineral Resources 11 Noise Assessment and Shadow Flicker 12) Forestry Assessment 13) Cultural Heritage Assessment 14) Traffic Assessment and Safety 15) Existing Infrastructure 16) Grid Connection 17) Summary, residual Effects and Mitigation

Supplementary Environmental Information (SEI) has also been submitted (August 2010) to support the application which provides additional information on the natural and human environment of the application site. It also provides further information on the construction, operational and decommissioning phases of the development and the measures that will be put into place to reduce the impacts as described in the ES with specific regards to peat as well as revised landscape scale proposal for habitat management.

The Applicants submission in the ES and other submissions

This section summarises the applicant’s submission. The Department’s comments on the issues are set out later in the report.

Needs for and the benefits of the proposed development

The conclusions reached in this ES is that since TAN 8’s publication in July 2005, 276.5 MW (35%) of the 800 MW 2010 target has been consented. The proposals minimum envisaged output will contribute a

PLANDEV-110111-REP-EN-GW Page 28 of 204 further 21% to this target, and once operational, will provide a 6.19 % of the target of 7TWh/year from renewable resources sources by 2020, as set out in WAG’s TAN 8. The proposals minimum output will also contribute 0.57 % toward the Renewable Energy Strategy’s (RES) 2020 target.

Planning Policy

This section identifies the energy and land use planning policy and legislation against which this proposal should be assessed.

The conclusions in the ES is that these policies seek to accommodate the generation of renewable energy along with the jobs and investment that this will bring to the area whilst also having regard to the need to avoid, minimise and where necessary, mitigate any significant adverse impacts which might arise from such a development.

Landscape and Visual Assessment

This section presents the findings of a landscape and visual assessment that has considered the potential effects of the proposed wind farm and associated works on the landscape character and visual amenity of locations at a considerable distance beyond the site boundary. The study area for the Landscape Visual Impact Assessment was based on a 35 km offset in each direction from the outermost turbines.

The baseline conditions include a number of operational wind farms, wind farm sites under construction, or consented wind farms within the landscape of the study area and beyond. These sites include the following:  Ferndale  Fochriw  Ffynon Oer  Maerdy  Maesgwyn  Mynydd Portref  Mynydd y Gwrhyd (permission recently granted)  Mynydd y Betws (permission recently granted)  Scarweather Sands  Gilfach Goch, Taff Ely

PLANDEV-110111-REP-EN-GW Page 29 of 204 In addition, a number of wind farm applications (submitted or due to be submitted ) and ‘scoping stage’ sites have been identified within the study area. These sites include the following:  Hirfynydd  Mynydd Bwllfa  Pant y Wal (permission recently granted)  Mynydd y Gwair  Fforch Nest (permission recently granted)  Timet  Lynfi Afan (application submitted)

The assessment has taken account of the potential cumulative or additional effects on landscape and visual amenity arising from the proposal, firstly in conjunction with the known baseline of operational and/or consented wind farms and secondly, in conjunction with this baseline all of the submitted stage wind farms as identified above. In addition, the assessment considers the entire period of the development which includes the site preparation and commissioning phases, the operation of the wind farm, final decommissioning and reinstatement of the site. It also takes account of the proposed forest management plans prepared by the Forestry Commission Wales (FCW) and the effect these management operations will have on views and visual amenity throughout the lifetime of the proposed development.

A viewpoint analysis of the potential effects on both the landscape and visual amenity arising from the proposal at each of the selected viewpoints was carried out. This analysis involved the production of computer generated wire frames and photomontages. Montages for all viewpoints within 12km of the outermost turbines, montages for selected viewpoints between 12 km and 15 km from the outermost turbines, and wire frames for all other viewpoints. Viewpoints from the remaining study area have been montaged where they are from settlements and within 15km, otherwise wire frames have been used.

Whilst the nature and scale of the development and constrained nature of the site have limited the extent of potential mitigation, a number of measures have been proposed and are incorporated into the final design of the wind farm to ameliorate potential impacts of both visual and landscape effects of the proposed development. These are outlined below:

· A three-bladed turbine on a tapered tower is considered the most

PLANDEV-110111-REP-EN-GW Page 30 of 204 acceptable design. · Turbines should be off-white or light grey in colour. · Turbines should be of a similar appearance and size. · Large-scale wind farms should be sited on large-scale landforms. · Ridgelines and complex landscapes should be avoided. · Turbines should be a minimum of 500 m from dwellings. · Turbines should be set back from skylines, valley sides and hill fringes. · Turbines should reflect the scale of the landscape. · The strong glacial landform and drainage pattern landform should be respected. · The interaction of turbines with the extensive coniferous plantation needs consideration. · Turbines should avoid dominating the adjacent settlements particularly to the south.

The table below lists all the view points within the County where a significant effect has been identified, with shaded rows referring to viewpoints without cumulative effect, i.e where the Pen y Cymoedd wind farm is not seen in conjunction with any other existing, consent or proposed wind farm considered in the assessment.

View Name Significant Significant Point Landscape Effect Visual Effect

17 Abergwynfi Major/Moderate Major/Moderate to Major 20 Glyncorrwg – Cymmer Major/Moderate Major/Moderate Road to Major 21 Glyncorrwg – Nr. Major/Moderate Major Heol-Yr-Afan 22 Glyncorrwg – Heol Major/Moderate Major Bryn-Gwyn 23 Cynonville Major/Moderate Major/Moderate to Major 24 Tonmawr Major/Moderate Major/Moderate to Major 27 Cilfrew (Hirfynydd Major/Moderate Major Viewpoint) 28 Resolven Major/Moderate Major/Moderate to Major 29 Glynneath Major/Moderate Major/Moderate to Major

PLANDEV-110111-REP-EN-GW Page 31 of 204 64 Mynydd Margam Not Significant Major/Moderate

66 Glyncorrwg – Craig Major/Moderate Major/Moderate Ddu 68 Tonna/PRoW Major/Moderate Major/Moderate

69 Coed Morgannwg Way Major/Moderate Major/Moderate

70 St. Illtyd’s Walk Not Significant Major/Moderate

71 Sarn Helen PRoW Major/Moderate- Major to Moderate Major/Moderate

The landscape sensitivity was assessed for each of the 77 viewpoints. Recorded landscape sensitivity at these viewpoints amounts to a total of 23 incidents of high sensitivity, 48 incidents of medium sensitivity and 6 incidents of low sensitivity. The viewpoints with high landscape sensitivity are located in the Brecon Beacons National Park, Gower AONB, and Dare Valley Country Park. The viewpoints with medium landscape sensitivity are located in settlements, recreational areas, open countryside and on transport routes. The viewpoints with low sensitivity are generally influenced by negative effects from transport corridors, urban development and/or power transmitting facilities. The assessed level of sensitivity for each of these viewpoints is based upon the parameters with reference to the viewpoint assessment, field observation and the visual and sensory aspect of LANDMAP.

Visual receptors within the study area are considered principally to consist of residents, users of the Brecon Beacons National Park and Gower AONB, users of informal outdoor recreational facilities including long distance walking routes, public footpaths and bridleways as well as cycle routes, and users of the road and rail networks.

Other mitigation measures include the use of existing tracks, wherever possible, the location of the borrow pits to minimise visibility from the surrounding area, consideration of the design and location of the site compound and substation, and siting of the turbines, infrastructure and grid connection route to minimise the loss of forestry. These design considerations have been incorporated into the development in order to further minimise potential effects on landscape and visual amenity.

The Zone of Theoretical Visibility (ZTV) analysis identified that the development would be visible from around 1946 km2, approximately

PLANDEV-110111-REP-EN-GW Page 32 of 204 39% of the overall study area. This theoretical visibility would be generally confined to the adjacent valleys and ridges, ridge tops, and south-facing slopes of the Brecon Beacons National Park. It should be noted that the actual visibility on the ground would be considerably less than predicted by the ZTVs due to the screening effects of localised topographical features, vegetation and buildings.

The results identify a total of 31 substantial, 21 moderate, 21 slight and 4 negligible magnitudes of change. Some of these magnitudes of change would be altered when the proposed wind farm would be seen in conjunction with the other wind farms as referred to earlier.

Landscape Fabric

A large area of forestry (628 ha) would need to be felled to accommodate the construction of the proposed wind farm. However, this is located within an extensive area of active upland managed forest consisting of 9,953 ha, across the Forestry Assessment Area. A total of 378 ha would be replanted after the wind farm construction is completed, reducing the overall loss of woodland to 250 ha. The proposed permanent loss of woodland habitat would amount to 2.5% of the Forestry Assessment Area. This effect has been assed as slight, due to the context of the loss within an area of active forestry where clear felling and replanting is a common occurrence.

A moderate landscape effect would occur to the landscape fabric of the site, principally due to the proposed borrow pits which would represent a moderate change to the landform of the application site overall.

Settlements

The heavily settled character of the South Wales Valleys has resulted in a large number of settlements within the study area. Settlements are thus considered to be one of the most important landscape and visual receptors. Settlements within the study area are generally located within the base of valleys, and thus, the proposed wind farm would be screened from a large number of locations, some distant and some adjacent.

The settlements where it is anticipated that a significant effect would occur to visual amenity includes the following areas:

* the Afan Valley, Corrwg Valley and Cwm Pelenna settlements * the settlements

PLANDEV-110111-REP-EN-GW Page 33 of 204

The majority of settlements within the study area are located within valleys and those with views would tend to look up towards the turbines. This factor, combined with the narrow valleys in some cases, would make the turbines prominent above the valley sides. Careful site design has reduced this effect as much as possible, to avoid the situation of turbines being forward of the break in the line of slope and skyline. Thus, turbines generally would be seen behind the break in slope and skyline, in many cases large sections of the turbines are screened by a combination of landform and forestry. A number of settlements are identified as having wide subtended views of turbines, however, these angles refer to all visible turbines no matter how distant or how much they are partially screened, and this factor should be taken into account. There are only 7 viewpoints where the nearest turbine is within 2 km and the recorded subtended angle of view is greater than 60 degrees. However, further analysis indicates that only 2 of these viewpoints have a subtended angle greater than 60 degrees formed by visible turbines within 2km. Both these viewpoints are within Rhondda Cynon Taff.

No individual dwellings are within 500 m of the proposed turbines or within 1 km of more than three proposed turbines, although a number of settlements and individual dwellings are within 2km of the proposed turbines. In almost all areas the proposed wind farm would be seen in conjunction with other adjacent operational and consented wind farms, such as Ffynnon Oer, and the effects are cumulative in nature.

The main effect on a settlement would occur at Glyncorrwg and would not be cumulative in nature, for most of the settlement. The potential effects of the proposed wind farm on Glyncorrwg have been greatly reduced through the design process and the removal of a number of near and prominent turbines. This settlement is enclosed by the refined SSA boundary, but the proposed layout has been restricted from certain areas of the refined SSA to minimise effects. (It should be noted that a further 2 turbines (Nos. 19 and 20) have been omitted under the Legal Agreement referred to earlier).

Wherever possible, viewpoints have been located on the edge of settlements, or where clear and open views occur within settlements. Therefore, the findings are based on the worst-case scenario and many views from dwellings within each settlement would be likely to experience much lower levels of effect.

PLANDEV-110111-REP-EN-GW Page 34 of 204 Landscape Character

The main source of landscape and visual effects from the proposed wind farm would originate from the turbines, largely due to their size, related blade movement and potential extent of visibility. Such effects would occur across the study area. Although opinion and perception of wind farms is often polarised it is accepted that the nature of these effects would generally be adverse for landscape and visual receptors. The effects would be over the proposed 25-year lifespan of the wind farm. Thereafter, the prime cause of the effects (the turbines) would be removed and the vast majority of effects removed from the study area. The nature of the effects identified would be largely cumulative due to the presence of a number of other operational and consented wind farms in the study area. In addition, a number of sites are at the planning application stage awaiting determination.

Having identified the significant effects generated by the proposed wind farm the issue is one of whether these effects are acceptable within the local and wider landscape. The key objectives of TAN 8 in relation to the SSAs and conservation of landscape are: ‘Within, and immediately adjacent to the SSAs, the implicit objective is to accept landscape change i.e. significant change in the landscape character from the wind turbine development.’

The ES concludes that the elements of the proposed wind farm that would cause effects have been identified and are generally derived from the number and height of the proposed turbines. The significant landscape and visual effects identified by the assessment are generally restricted to a distance of within 9 km from the nearest turbine for viewpoints outside the Brecon Beacons National Park. This generalisation is true for both landscape and visual effects. However, the visual effects are generally at a major and significant level, while landscape effects are at a major/moderate and significant level. For the viewpoints within the national park, significant landscape and visual effects occur to the viewpoints on south-facing slopes, running to the east and west of the study area up to a maximum distance of around 17.5 km. The proposed Wind Farm would introduce a large-scale wind farm to the site plateau area within the refined boundary of SSA F: identified through the strategic search process associated with TAN 8 as being suitable and capable of accommodating large-scale wind farm development to contribute to the Welsh Assembly Government’s renewable energy targets. The TAN 8 process aims to concentrate wind farm development in less sensitive areas of the country, thus preserving those areas of

PLANDEV-110111-REP-EN-GW Page 35 of 204 greater sensitivity and denser settlement.

As a result, at the strategic and local level, the landscape character and related visual amenity of this area and its surroundings are anticipated to undergo change as a result of wind farm development.

Detailed design work was also carried out as part of the iterative process undertaken to refine the potential development area yet further. This included the reduction in the total number of turbines from 112 to 84 (and now 79), including specific reductions and changes in layout to reduce landscape and visual effects on the surrounding landscape. These specific reductions included; · removal of 6 turbines from the second design iteration, and the relocation of a number of turbines; · removal of a further 7 (of the 10) turbines purely on visual grounds from the third iteration; · removal of 6 turbines purely on visual grounds has reduced the visual impact on Glyncorrwg from the final iteration, and · a further removal of 6 turbines, partly on visual grounds, has reduced the visual impact on the Brecon Beacons National Park.

The plateau area consists of a large-scale landscape currently dominated by upland coniferous forestry plantation into which all proposed turbines would be located. The ‘simple’ landscape of the development area is the type of landscape required to support the scale of turbines proposed. However, this plateau area is penetrated by steep-sided, settled valleys and bordered by broader valleys and thus, to minimise the effects of the proposed wind farm, turbines have been sited as far from the edges of the plateau as possible.

The proposed wind farm would occupy a large proportion of the plateau and refined SSA area, meeting a large proportion of the required energy target. This would be achieved through a consistent turbine model and layout, and would thus minimise the potential landscape and visual effects inherent in a more piecemeal development scenario.

Recreation and Tourism

The Afan Forest Park covers a large proportion of the western section of the site plateau and would include the eastern turbine group and a good proportion of the central turbine group. Significant landscape and visual effects would occur for the users of the forest park due to the proposed construction of the wind farm and visual change caused by the turbines.

PLANDEV-110111-REP-EN-GW Page 36 of 204 This would particularly affect users of the various trails that cross the site plateau. Some of these are defined routes linked to the Forest Park Visitor Centre and include various mountain bike trails; others are less defined with general access to tracks through the park. Various long distance routes travel through the study area and some through the proposed application.

Those with potential significant effects are identified as · Beacons Way; · Coed Morgannwg Way; · St Illtyd’s Walk; · Sea to Sky Walk; · Ogwr Ridgeway /Taff Ely Ridgeway Walk; · Cistercian Way; and · Celtic Trail East.

Given the characteristic ridge and valley landform of the area the majority of these routes would receive intermittent visibility as they cross the study area. Significant views would be linked to proximity and views across intervening valleys. Distant views are possible from more distant ridges but are likely to experience lower magnitudes of change.

Transportation Network

A number of transport routes have been assessed through the use of viewpoints and sequential route analysis. Significant effects on users of these transport routes have been identified for a number of the routes. These also include sequential effects where one wind farm is visible after another along the line of a route, rather than at the same time. These include the following routes:

· A4061: Bridgend to Hirwaun · A4107: Port Talbot to Craig Ogwr · A4063 Bridgend to · A4109 Neath to Glyn-neath · Pontypridd to Treherbert railway line · Bridgend to Maesteg railway line

Cultural Receptors

Potential significant effects have been identified at the Historic Park and Garden of Rheola, involving views across the Neath valley to turbines rising above the skyline. This effect is considered to relate purely to the

PLANDEV-110111-REP-EN-GW Page 37 of 204 landscape character and visual amenity of this site, and effects on its historical importance are not assessed.

Socio-economics and Tourism

This section provides a background, context and analysis of the economy local to the wind farm, and to place the proposed development within the context of that economy in order to understand any potential impacts. The analysis also considers how the wind farm may impact on key tourism receptors.

The conclusions are that this wind farm will provide substantial benefits, through the potential for locally manufactured towers made from steel or concrete and instigating a procurement programme that favours local sourcing for all aspects of the construction and operational phases of the wind farm. The development and construction period shows that 11% of the total construction phase expenditure could be in Wales with the potential for this to increase significantly if locally manufactured turbine towers are used. The ES concludes that this wind farm could be able to offer 120 direct jobs per annum during the construction phase. Employment prospects during the operational phase are limited although opportunities will exist for locals to be recruited and trained in skilled specialised maintenance activities.

In terms of tourism the main receptors within the County are identified as follows:  Falls  Afan Forest Park Visitor Centre  Cefn Coed Colliery Museum  Glyncorrwg Mountain Biking Centre   Neath Canal  Neath Museum  Rheola Lakes

The ES concludes that the development is not expected to significantly affect tourism demand at these locations.

In terms of the mountain bike trails, the ES concludes that there is some prospect of long term effects on resources upon which enjoyment of natural heritage by users is based. Apart from short sections of the Skyline trails single track that will be diverted during the development of

PLANDEV-110111-REP-EN-GW Page 38 of 204 the wind farm, there will be no impact on access for users. Enjoyment of the general landscape and natural heritage is only part of the draw of key mountain bike trails. Impacts of baseline changes are unlikely to affect the levels of tourism demand for local goods and services.

The ES further concludes that the walks identified have relatively low usage when compared overall with other walking routes in South Wales. Walkers and ramblers are most likely to respond negatively to landscape changes caused by turbines. However, because the numbers of tourists who are walkers are low, their impact on tourism spending in the local economy is likely to be small.

The assessment of tourism impacts suggests that visitors are less likely to be negatively affected by wind farms than residents.

The economic benefits of the proposal, both in terms of possible job opportunities and the economic benefits of all aspects of the project based on 79 turbines of 3MW capacity, as presented by the Applicants are summarised as follows:

- £189.6m Community Benefit Fund ( over the life of the wind farm);

- £560.7m Other Annual Payments;

- 50 jobs during the long term operation of the wind farm;

- 300 jobs over 3 years during the construction of the project;

- £113.5m total economic benefit during 3 year construction;

- £11.75m and £35m for total economic benefit for ongoing operation

Total anticipated Welsh and local economic benefit over the wind farm life (assuming inflation of 2.5% per annum and incorporating the multiplier i.e £35m per annum over 25 years) is £1.2 billion.

Below is a breakdown of construction opportunities for local businesses and linked job creation /retention figures;

- Pre-construction services = 17-19 Full Time roles and 1 Part Time retained 5-7 Full Time roles created

PLANDEV-110111-REP-EN-GW Page 39 of 204 - Construction Services = 134 jobs retained/created

- Turbine Services to turbine contractor = 42 Full Time roles retained/ created

- Post Construction Services = 50 Full Time jobs plus additional Part Time supply chain opportunities

- Grid Services = 59 Full Time roles retained or created.

The applicant emphasises that the major priorities identified by local communities and stakeholders was local job creation and retention, as well as improving the energy mix and reducing emissions. In addition, the applicant confirms their commitment to fund a £350,000 mountain bike trail and a £3m habitat restoration project as part of the development to mitigate and enhance the area for tourism and biodiversity.

Ecology

The assessment provides baseline information, identifies potential impacts of the proposal on the ecology of the area, assesses the significance of those impacts, describes mitigation measures to avoid, reduce, remedy or compensate for those impacts, assesses the significance of the residual effects based on the magnitude of the impact and the sensitivity of the receptor. This section also discusses ongoing management, monitoring and mitigation measures that may be required.

The Assessment includes :  Bird surveys  Bat activity surveys  Mammal Surveys  Great Crested Newt and other amphibian surveys  Vegetation surveys  Other Surveys

Impacts on birds

There are three key potential impacts on birds from wind farm construction and operation. These are disturbance, loss of habitat and death or injury from collision with turbines, especially turning blades.

PLANDEV-110111-REP-EN-GW Page 40 of 204 Mitigation of possible impacts on birds includes the following:  Continued monitoring of key species with temporal restrictions on certain development areas if birds move breeding sites. A buffer of around 500m is usually recommended between nest site and construction activity;  Monitoring of nightjar and consideration of switching off turbines at risk periods(dawn and dusk) near to nightjar territories, if impacts are identified;  Felling will be carried out in line with agreed FCW /CCW protocols, giving considerations to bird breeding seasons, habitat type and time of year;  Creation of scalloped ridge edges and ponds to encourage frogs and amphibians to create feeding habitat for honey buzzard. The exact details will be developed through a Habitat Management Plan.

Monitoring for birds is proposed through the continued monitoring of the whole honey buzzard and nightjar population in the area.

The conclusion in the ES is that as the proposed development will only affect a very small proportion of the total habitat available in the area, and that a significant impact on the local bird populations from habitat loss is extremely unlikely. It is also considered that there will be no significant disturbance from the development. However, there remains a collision risk to all species although it is considered unlikely that collision risk will be a significant threat to local bird populations.

Impacts on bats

No species classed as being of high threat from wind farms were detected by survey work undertaken. The ES concludes that given the lack of high risk species and the general low level of activity over the site, it is considered unlikely that the wind farm will have a significant impact on the local bat populations.

In terms of mitigation, bat boxes are proposed to be installed and before any trees are felled a bat survey will be undertaken. Up to date pre and post construction bat surveys will be undertaken.

Impacts on Other Mammal

There were few records of mammals within the upper forest areas. No badger setts were identified within the development site. The ES

PLANDEV-110111-REP-EN-GW Page 41 of 204 concluded that there will be no significant impact on potential foraging habitat and the new track verges may create some extra foraging areas, though this is not enough to have any effect on the local badger populations. Further surveys are proposed prior to construction in recognition that badgers can move and open up new setts. No specific mitigation measures or monitoring programmes are proposed.

Impacts on Habitats

The main impact from the development will be on peat rather than peat habitats.

The ES concludes that the development will entail the loss of a few areas of bog habitat within the forest totalling less than one hectare. An estimate of 55 hectares of peat will be directly affected by the development.

The opportunities for ecological enhancement at this site are potentially extensive. Two areas have been identified as suitable for bog restoration located within the central and eastern side of the development. In addition, a third area comprising 113 hectares has been identified and a fourth area proposed is a programme of river corridor management in the Glyncorrwg area. In addition, areas of forest ride in the Resolven Forest area will have edges scalloped to make open habitat as feeding areas for honey buzzards, bats and other wildlife along with the creation of ponds to provide potential prey for honey buzzards.

These plans will be subject to a separate Habitat Management Plan.

The ES concludes that the area of peat within close proximity to the proposed infrastructure that will be indirectly impacted is estimated to be approximately 175ha. The forestry operations have had a considerable impact on the quality of the peat, and the loss of habitat is to be more than offset by the restoration of bog areas and habitat enhancement work within river corridors being proposed. The development of extra infrastructure within the forest will impact upon the possibility of future, as yet unplanned, bog restoration although the planned construction is relatively small when compared with the existing track network. The direct impact on wildlife is assessed to be slight, although there is ongoing collision risk to bats and birds. Compared to the ongoing impacts continued forest management, growing and felling of trees, continued drainage of peat and impacts of machinery during felling, the one-off impact of the wind farm construction is considered to be relatively low.

PLANDEV-110111-REP-EN-GW Page 42 of 204 Therefore, overall, with the balance of negative effects and positive habitat management, the development is considered to have little significant ecological impact.

The SEI contains information in respect of nightjar studies undertaken using the same methods as previously. The primary aim of this study was to establish the risk to nightjars of collision with wind turbines. The SEI concludes that the results of the additional study show that nightjars are generally only active for about 1.5 hours around dusk and 2 hours around dawn i.e. 3.5 hours per day. Outside of this time nightjars are resting. Nightjars were rarely recorded flying at blade height and spent very little time airborne at all. Therefore, the collision risk is low and any impact as a result of noise disturbance is considered not to be significant.

The SEI also provides further survey work in respect of bats, the results of which confirm the earlier survey work which formed part of the ES. No species classed as being of high risk from wind farms were detected during these further surveys. The SEI concludes that the development will not have any significant impacts on the local bat populations, although on going monitoring will continue during the operational life of the wind farm and, if impacts were to occur, further mitigation would be considered.

In addition, the SEI provides further information in respect of minimising the impact on peat and the habitat and restoration proposals.

Hydrology and Hydrogeology

The hydrology and hydrogeology assessment is of its potential impacts on the water environment, to identify measures which can be implemented to avoid or mitigate potential impacts.

The ES concludes that there is potential for the proposed wind farm to affect the local hydrology and hydrogeology in a variety of ways. The construction of the crane hardstandings, turbines, substation and new roads will increase the impermeable are a on site. However, the hardstandings created will represent a small percentage (approximately 0.6%, based on approximately 30 ha of new impermeable surfaces out of a total site area of 4777ha) . Measures have been identified which will mitigate the estimated increase in surface water run-off.

The construction will include clearance of some forested areas. The commercial felling already scheduled by the Forestry commission within

PLANDEV-110111-REP-EN-GW Page 43 of 204 the area, in addition to the tree felling due to the construction of the wind farm, will generate a cumulative effect with regard to increase run off and sediment loads. Measures for site drainage and the control of run off, such as the use of swales, drainage channels and attenuation areas, will reduce the increasing movement of sediment and surface water run off that could be caused as a result of the proposal. Construction works will also have the potential to increase soil erosion due to vehicle movements and excavation. Settlement pits and attenuation areas will be used to avoid discharge of sediments into water features. The residual impact is considered to be negligible.

Precautionary zones where shallow mine workings may be present have been identified and compared to turbine locations. Where turbines are planned within these zones, further investigation is proposed to be carried out prior to any ground stabilisation works to establish the presence of groundwater within the mine workings.

When the wind farm is operational, the new roads and impermeable areas associated with the wind turbine bases and the crane pads will result in increased run off compared to the baseline conditions. As this has the potential to carry any contaminants that might be associated with the maintenance of the wind turbines, this would be mitigated through appropriate drainage design and formal emergency response procedures for pollution events.

The SEI includes commitments to actions that the developer will take during the construction phase to reduce the potential for detrimental impact on water supplies. As a result of these commitments, residual minor effects on the hydrological environment will be short term and temporary, although on going monitoring is proposed to ensure this is the case.

Geology, Mining and Mineral Resources

The ES concludes that there are prevailing geological and mining factors with potential to affect the proposed wind farm development. Potential constraints identified from detailed desk studies have been taken into account in the design of the wind farm and the location of the proposed wind farm structures. These include potential impact on shallow abandoned mine workings, abandoned mine entries and mineral resources. A Construction Method Statement would be prepared that will include measures either for the avoidance of potential constraints through detailed micrositing of the wind farm structures or site investigation. This

PLANDEV-110111-REP-EN-GW Page 44 of 204 will include any necessary engineering mitigation measures where potential constraints cannot be entirely avoided to minimise potential impact.

Where there are resources of coal potentially workable by surface opencast mining methods and sandstone resources are proven in the future to be technically, economically and environmentally feasible to exploit, there is potential for the proposed wind farm to temporarily render localised parts of the coal sandstone resources to be incapable of being exploited for the duration of the construction and the operational phases of the wind farm. The significance of the potential impact of the wind farm, including extraction of aggregates from borrow pits, on surface mineral resources is considered to be low. Any impact on mineral resources will be temporary and reversible when the wind farm is decommissioned.

Mining of coal underground mining methods is not presently being undertaken. Deep coal resources potentially exploitable by underground mining methods occur under the study area. In the event that underground coal mining is planned a detailed mining subsidence appraisal will be required to be undertaken by the mining operator, to assess the potential for mining- induced ground subsidence, strains and tilt to affect the wind farm development.

No adverse impact on the geological and mining setting and mineral resources is expected during the wind farm decommissioning phase, and therefore, no mitigation measures are proposed.

Noise Assessment and Shadow Flicker

The proposed wind farm is adjacent to an operational wind farm known as Ffynon Oer. Other wind farm developments in the area are a possibility, and the cumulative effect of operational, consented and proposed windfarms, is considered.

A baseline noise survey was conducted at thirty locations during August to November 2008 to determine noise levels in the area of the wind farm. Noise measurements were made at each location for a minimum of two weeks. The properties selected included nearest residences to the development. They were typically remote farm locations. However, additional properties were selected to represent the nearby villages. Within those areas, specific locations were chosen as far as was practical, with low background noise conditions and proximity to the proposed

PLANDEV-110111-REP-EN-GW Page 45 of 204 turbine locations in mind. The noise monitoring data was correlated with wind speed data taken from various anemometry locations around the site.

For the quiet daytime periods, the suggested external noise limits are 35 to 40 dB La90 or 5dB above the prevailing background noise, whichever is the greater. For night time periods, the external noise limit is 43dBLa90 0r 5dB (A) above the background whichever is the greater. In most rural environments that are away from busy roads, the background noise near properties depends on the wind speed unless there are other natural features such as streams. At high speeds, noise from wind in the trees and flowing over local features such as roofs can be considerable and is often sufficient to mask the sound of the wind turbine. Therefore, it is often during lower wind speeds that the turbines are more audible.

Mitigation has already been considered in the design of the wind farm layout which has gone through several iterations to ensure that noise levels are generally low within the ETSU limits, and has also taken into consideration the consented or submitted wind farms. The ES concludes that the wind farm can meet the noise limits, when considered with other consented or submitted developments, therefore no further mitigation in respect of the operation is considered necessary.

Noise during the construction period will arise from the construction of the turbines, the erection of the turbines, the excavation of trenches for cables, the construction of associated hardstandings, new access tracks, construction compound and concrete batching plant and noise from vehicles on local roads and access tracks due to the delivery of the turbine components and construction materials. Noise will also arise during decommissioning from the removal of the turbines and breaking of the exposed part of the concrete bases.

The ES concludes that there are no noise limits within the main text of BS5228-1:2009 and the preferred approach is to use the best practicable means to reduce noise rather than setting limits. For quiet areas, where the existing ambient noise levels are low, a significant noise effect is deemed to occur if the construction noise (plus the ambient noise) exceeds the following threshold values:

65dBLaeq Daytime (0.7.00-19.00) and Saturdays (07.00-13.00)

55dB LAeq Evenings and Weekends (19.00-23.00 Weekdays, 13.00- 23.00 Saturdays and 07.00-23.00 Sundays)

PLANDEV-110111-REP-EN-GW Page 46 of 204

45dB LAeq Night-time (23.00-7.00)

In carrying out the noise predictions it has been assumed that all plant involved with track construction, hardstandings and turbine bases are located at the nearest possible location to each property. However, the ES notes that this is un likely to occur in practice and provides a worst case scenario. Although noise levels from construction are below the 65dBLAeq significance criterion for all of the construction period, the preferred approach of BS5228 is to do everything possible to reduce noise levels. For blasting operations, local residents will be informed of intended activities, and times of blasting will be minimised to reduce the impact. Site operations will be limited to certain times unless otherwise agreed with the relevant authorities.

In respect of shadow flicker, the ES concludes that the proposed three- bladed turbines typically operate between 9-19 revolutions per minute and a blade would therefore pass approximately every 1 second at frequencies ranging from between 1.05 to 2.22 hertz. Therefore, the likely frequency is well below that considered to cause a potential nuisance and will have no impact on residential properties.

Forestry Assessment

Operations within the forest required to allow the development need to consider the potential for wind damage to the forest which is initiated by tree felling, forest habitat loss, forest fragmentation and changes in tree growth.

The ES concludes that the impact on forestry is confined to 628 ha which represents 6.3 % of the Forest Assessment Area. However, the impact is further reduced by the return of 378 ha of land to FCW management after construction, resulting in a net change of land use for the life cycle of the wind farm to 250 ha. The additional tree felling required is considered to result in medium magnitude of change in the short term and negligible in the longer term.

Cultural Heritage Assessment

The ES concludes that there are 1064 sites of archaeological interest identified within the study area, 64 of which were identified as being at risk. Consequently the developer proposes to provide for an archaeological watching brief, with contingency plans, on all intrusive

PLANDEV-110111-REP-EN-GW Page 47 of 204 ground works during the construction phase as well as any potential pre construction groundwork investigations. Contingency plans will be drawn up for in situ recording or excavation of significant archaeological remains discovered as a result of the watching brief during construction work.

The impact on the settings of monuments is based on individual character type and typography. The presence of plantation forestry across the majority of the development area has completely obscured visual links between sites, for which the settings could be potentially affected. Localised felling around the access tracks will not re open these views and so the presence of these turbines will not obstruct any original pre afforestation indivisibility between sites.

Traffic Assessment and Safety

The preferred route for the major component deliveries is:

 Leaves Kings Dock onto A483;  Travel west along the A483, join M4 at junction 42;  Leave M4 at junction 43 onto A465 towards Hirwaun;  Continue along A465 for approximately 30km until reaching a roundabout;  Exit right off roundabout onto A4061(Rhigos Road) near Hirwaun  Continue along A4061 approximately 1 km west to a small roundabout;  Exit left off the roundabout and approximately 2.5km further along the A4061 is the site entrance.

The ES concludes that the mitigation measures proposed would result in the traffic effect on the A483, A465, A4061 and M4 to be of ‘low significance’.

Existing Infrastructure

Electromagnetic Interference and Aviation

The ES concludes that due to the moderate significance of impacts to households serviced by the Wenvoe transmitter and the fact that no residual receptors will be affected, a schedule of mitigation is proposed for the provision of alternative solutions to individual households which

PLANDEV-110111-REP-EN-GW Page 48 of 204 includes replacement of receiving aerial with more directional or higher gain aerial, repositioning the receiving aerial so that it receives a stronger signal, up grading antenna cabling and connections, installations of signal amplifiers and replacing terrestrial reception equipment with satellite reception equipment.

Trails, Paths and Utilities

The layout of the proposed wind farm provides a 145m setback from the Public Rights of Way in all but six cases, in these instances it is proposed to provide alternative way marked permissive routes for walkers, horse riders and cyclists who do not wish to pass closer than the tip height distance of these turbines. During the operation of the wind farm no restrictions would be placed on the movement of walkers, cyclists and horseback riders using the existing rights of way across the whole site. Therefore, the ES concludes that low/negligible impacts are expected during the operational period on original PRoW and public access across the proposed development, and impacts are not beyond those that are already in place or that will result from future forestry operations.

Skyline is the only bike trail that will be directly impacted upon during felling and construction phase of the wind farm. However, taking into account that road widening and construction of new tracks across existing forestry roadwork will occur in phases across the site, it is envisaged that there will never be an occasion when the entire Skyline network will need to be temporarily closed. The majority of the single track trails are situated on topography that is unsuitable for wind farm development.

Grid Connection

The proposed wind farm has a contractually agreed point of connection to the electricity transmission system which is located in the Hirwaun Industrial Estate, Rhigos. The inclusion of a connection corridor rather than a defined route allows flexibility to accommodate land negotiations, micro siting as a mitigation or an adjustment to the preferred route necessary during detailed site investigation and installation of the cable. The grid connection corridor commences at the proposed wind farm substation close to the summit of Garn Goch and is approximately 30 metres wide and 9km long.

The ES concludes that the surveys undertaken show that with appropriate routing, the installation of an underground line will have very little impact on flora, fauna or hydrogeological features. Routing the

PLANDEV-110111-REP-EN-GW Page 49 of 204 connection under or alongside existing infrastructure will protect the archaeological interest, as there would be minimum disturbance to land where the archaeological resource is not known

ASSESSMENT It is considered that the main issues in the determination of this application are whether the proposal is consistent with the aims and objectives of National Planning Policy together with the relevant development plan policies and planning policy guidance, whether it would have an adverse impact on ecology, whether there would be noise or traffic implications, whether it would meet sustainability objectives, and whether the proposal would have an adverse impact on landscape and visual amenity.

Material Considerations: Policy Context: National Guidance Planning Policy Wales Edition 2 (2010) sets out the strategic framework for the effective operation of the planning system in Wales.

Biodiversity and landscape considerations must be taken into account in determining individual applications contributing to the implementation of specific projects. The effect of a development proposal on the wildlife or landscape of any area can be a material consideration. In such instances and the interests of achieving sustainable development it is important to balance conservation objectives with the wider economic needs of local businesses and communities. Where development does occur it is important to ensure that all reasonable steps are taken to safeguard or enhance the environmental quality of land.

Section 5.5.2 goes on to highlight that when considering any development proposal Local Planning Authorities should consider environmental impact, so as to avoid, where possible adverse effects on the environment. Where other material considerations outweigh the potential adverse environmental effects, authorities should seek to minimise those effects and should, where possible, retain and, where practicable, enhance features of conservation importance.

“Tackling climate change is a fundamental part of delivering sustainable development. Climate change is one of the most important challenges facing the world and the Assembly Government has made a commitment to tackling climate change, resolving that the Government and people of Wales will play the fullest possible part in reducing its carbon footprint

PLANDEV-110111-REP-EN-GW Page 50 of 204 (see 1.4.4). Our commitment to action on climate change is based on a scientific imperative to act and to act urgently to reduce greenhouse gas emissions and deal with the consequences of climate change.”

Paragraph 12.8.1 reaffirms the Welsh Assembly Government’s commitment to delivering an energy programme which contributes to reducing carbon emissions and the specific energy electricity production targets for Wales of 4 TWh per annum by 2010 and 7 TWh per annum by 2020.

Section 12 outlines the Welsh Assembly’s commitment to playing its part by delivering an energy programme which contributes to reducing carbon emissions. Section 12.8.10 states that Local Planning Authorities should facilitate the development of all forms of renewable energy and energy efficiency and conservation measures which fit within a sustainable development framework. Specifically, they should make positive provision for such development to meet society’s needs now and in the future by:  considering the contribution that their authority area can make towards developing and facilitating renewable energy efficiency and conservation, and ensuring that development plan policies enable this contribution to be delivered;  ensuring that development control decisions are consistent with national and international climate change obligations, including contributions to renewable energy targets, having regard to emerging national and international policy on the levels of renewable energy required and on appropriate technologies; and  recognising the environmental, economic and social opportunities that the use of renewable energy resources can make to the wider planning goals and objectives.

Section 12.8.11 further states that local planning authorities should: Avoid inappropriate development by ensuring that international and national statutory obligations to protect designated areas, species and habitats and the historic environment are adhered to and ensure that the potential detrimental effects on local communities are minimised.

More specifically to the consideration of applications, section 12.8.4 states; “In order to meet the 2010 renewable energy target, the Assembly Government’s policy is that 800MW of renewables capacity should be provided from strategic onshore wind energy development - mostly in the form of a small number of large wind farms. A further 200MW should be

PLANDEV-110111-REP-EN-GW Page 51 of 204 provided from offshore wind and other renewable technologies. This policy is based on Wales’s abundant onshore wind resource and the fact that onshore wind power is the most viable commercial technology available that will provide a high degree of certainty of meeting the 2010 target. However, in order to broaden the range of renewable energy technologies in Wales, planning policy must also favour developments that support research, development and demonstration for alternative sources of renewable energy production. Consequently, the Assembly Government is committed to: • achieving its specific targets for renewable energy (electricity) production; • maximising the opportunities for renewable energy (heat); • where possible combining the two in combined heat and power systems; • recognising that the benefits of renewable energy are part of its overall commitment to reduce greenhouse gas emissions.”

In terms of cumulative impact, Section 12.8.9 indicates that; “Within the SSAs whilst cumulative impact can be a material consideration, it must be balanced against the need to meet the Welsh Assembly Government’s target and the conclusions reached fully justified in any decisions taken. Developers will need to be sensitive to local circumstances, including siting in relation to local landform and other planning considerations.”

“Technical Advice Note (TAN) 8 : Renewable Energy (2005)

TAN 8 provides technical advice on renewable energy proposals and is relevant in the determination of planning applications.

Section 2.2-2.5 of TAN 8 recognises that in the short term, onshore wind provides the greatest potential to increase renewable energy in Wales. In order to meet the renewable energy targets, large scale on shore wind farms should be concentrated within Strategic Search Areas and sets indicative targets for each. The application site falls within the Coed Morgannwg SSA (Area F) which has an indicative target capacity of 290MW. In accordance with paragraph 2.9 the SSAs each display the following characteristics, which make them suitable development locations:  extensive areas with a good wind resource (typically in excess of 7 metres per second);  upland areas (typically over 300 metres above ordnance datum which contain a dominant land form that is flat

PLANDEV-110111-REP-EN-GW Page 52 of 204 plateau rather than a series of ridges);  generally sparsely populated;  dominated by conifer plantation and/or improved/ impoverished moorland;  general absence of nature conservation or historic landscape designations;  of sufficient area to accommodate developments over 25MW, to achieve 70MW installed capacity and to meet the target capacity; and  largely unaffected by broadcast transmission, radar MOD Mid Wales Tactical Training Area (TTA) and other constraints.

Section 2.10 of the TAN suggests that ;

“Local planning authorities should take an active approach to developing local policy for SSAs in order to secure the best outcomes.” This section goes on to highlight that consideration be given to: - minimising the amount of clear felling in forested areas; - the creation of alternative wildlife habitat; - geotechnical implications; - the impact on tourism and recreation, with consideration given to making positive provision for visitors; - historic and landscape issues; - safeguarding wind farm sites from sterilisation by other uses; access, particularly during construction; and decommissioning.

It further states onshore wind power offers the greatest potential for an increase in the generation of electricity from renewable energy in the short to medium term. In order to try to meet the target for onshore wind production the Assembly Government has commissioned extensive technical work, which has led to the conclusion that, for efficiency and environmental reasons amongst others, large scale (over 25MW) on shore wind developments should be concentrated into particular areas defined as Strategic Search Areas (SSAs).

It further states in Annex D that within and close to the SSA’s, the implicit objective is to accept landscape change and change in landscape character from wind turbine development.

Community Involvement and Benefits

PLANDEV-110111-REP-EN-GW Page 53 of 204 Developers, in consultation with local planning authorities, should take an active role in engaging with the local community on renewable energy proposals. This should include pre-application discussion and provision of background information on the renewable energy technology that is proposed.

Experience has shown that there are opportunities to achieve community benefits through major wind farm development. Some benefits can be justified as mitigation of development impacts through the planning process. In addition, developers may offer benefits not directly related to the planning process. Local Planning Authorities, where reasonably practical, should facilitate and encourage such proposals. The Welsh Development Agency, and others can support and advise on community involvement in developing renewable energy and benefiting from it. Local planning authorities should make clear in their development plans the scope of possible “planning contributions”. However such contributions should not enable permission to be given to a proposal that otherwise would be unacceptable in planning terms

Technical Advice Note 5: Nature Conservation and Planning (2009) provides supplementary advice to the policies set out in PPW in respect of nature conservation issues. It sets out the criteria against which a development will be judged having regard to the relative significance of international, national and local nature conservation designations. Paragraph 6.2.1 advises that the presence of protected species is a material consideration when a local planning authority is considering a development proposal that, if carried out, would be likely to result in disturbance or harm to the species or its habitats.

Technical Advice Note 6: Planning for Sustainable Rural Communities (July 2010) provides practical guidance on the role of the planning system in supporting delivery of sustainable rural communities in particular to local authorities in rural economies and agriculture. Paragraph 2.1.1 acknowledges that the planning system must respond to the challenges poised by climate change, for example by accommodating the need for renewable energy generation.

Paragraph 2.2.1 states that ‘new development can help to generate wealth to support local services ensuring that communities are sustainable in the long term’. A key question for local authorities when determining applications is whether the proposed development enhances or decreases the sustainability of communities.

PLANDEV-110111-REP-EN-GW Page 54 of 204 Paragraph 3.1.2 confirms that planning authorities should support diversification of the rural economy as a way to provide local employment opportunities. Paragraph 3.7.2 recognises that many economic activities can be sustainably located on farms.

Technical Advice Note 11: Noise (1997) identifies the need to ensure that noise generating developments (such as wind farms) do not cause unacceptable levels of disturbance. In relation to wind farms, TAN 11 refers to the more detailed guidance set out in TAN 8.

Technical Advice Note 12: Design (2009) calls for a holistic approach to design in order to contribute to the objectives of sustainable development. In doing so, good design should balance the protection of the environment with prudent use of resources and economic growth. It calls for an interactive approach involving a proactive planning system with consideration given to such issues as landscape setting, layout, density, scale and appearance.

Technical Advice Note 15: Development and Flood Risk (2004) sets out the responsibilities and requirements of the various parties in the development process and seeks to ensure that flood risk, surface water and foul water drainage arrangements are properly considered during the planning process.

Technical Advice Note 19: Telecommunications (2002) explains that there can be two types of radio interference from the proposed development; electrical interference and physical interference that: ‘Large prominent structures such as tower blocks, cranes, warehouses or wind farms, can cause widespread disruption to television and other telecommunications services due to the physical obstruction or reflection of the wanted signals. Digital television signals are far more robust than analogue and, as viewers change to digital over time, offer the prospect of the elimination of such problems as interference caused by reflections from structures. Local planning authorities will need to satisfy themselves that the potential for interference has been fully taken into account in the siting and design of such developments, since it will be more difficult, costly and sometimes impossible to correct after the event.’

Development Plan Policy

Neath Port Talbot Unitary Development Plan

PLANDEV-110111-REP-EN-GW Page 55 of 204 POLICY 1 The countryside, seascapes and landscapes of Neath Port Talbot will be enhanced where appropriate and / or protected from proposals that would have unacceptable impacts on their character and appearance.

POLICY 2 Wildlife and habitats, including those within urban areas, will be enhanced where appropriate and protected from proposals that would cause unacceptable impacts. Particular emphasis will be placed on species and habitat areas that are designated as being of international or national importance.

POLICY 3 The area’s minerals and other natural resources, both finite and renewable will be conserved and safeguarded, and when exploited the most prudent use of them will be sought.

POLICY 4 The creation of pollution or risks to health and amenities that would have unacceptable impacts upon the environment, communities or individuals will be resisted.

POLICY 5 The area’s built environment will be enhanced where appropriate and/ or protected from proposals that would have unacceptable impacts on its character, appearance and on the quality of life.

POLICY 6 The County Borough's historic environment including archaeology, ancient monuments, listed buildings, conservation areas and historic parks, gardens and landscapes will be protected and proposals that would aid its preservation and enhancement will be supported.

POLICY 11 Social needs and aspirations of communities and groups within communities will be taken fully into account when planning applications are considered.

POLICY 14 Proposals will be resisted which would be likely to cause unacceptable adverse impact in terms of: - a) traffic generation and highway safety; b) poor accessibility by public transport, cycling and walking including

PLANDEV-110111-REP-EN-GW Page 56 of 204 people with disabilities and c) preventing the use or re-use of docks, harbours, wharfs or routes of railway lines.

POLICY 18 The plan will encourage the best and most efficient use of infrastructure and resources, but proposals which would place unacceptable demands on existing and programmed resources and facilities will be resisted.

POLICY 19 Opportunities to create energy from renewable resources will be encouraged provided that unacceptable impacts are not created.

POLICY 21 Mineral resources will be conserved, and the efficient use of aggregates and the use of by products and recycled materials as alternatives to primary aggregates promoted.

POLICY 23 The recycling and re-use of minerals and materials will be encouraged, and proposals generally should minimise the use of minerals through siting and design.

GC1 - New Buildings /Structures and Changes of Use GC2 – Engineering works and operations ENV1 – Development in the countryside ENV3 – Impact on the Landscape ENV4 – Proposal affecting International and National sites for Nature Conservation and Species Protected by European or UK Legislation. ENV5 – Nature Conservation ENV6 – Agricultural Land ENV12 – Proposals affecting water resources ENV14 – Unstable Land ENV17 – Design ENV18 – Listed Buildings ENV19 – Proposals within Conservation Areas or which would affect the setting of a Listed Building ENV 22 – Archaeological Remains ENV23 – Archaeological Evaluation ENV24 – Archaeological Recording ENV29 – Environmental Quality and Amenity EC5 – Employment within the countryside CS1- Community Facilities and Services

PLANDEV-110111-REP-EN-GW Page 57 of 204 M7 – Borrow pits T12 – Footpaths, Cycleways and Bridleways RO4- Access to the Countryside and Coast

IE6 – Renewable Energy states: “proposals for the creation of renewable energy will be supported provided their impacts are acceptable and where appropriate they include measures to reinstate the land”

The supporting text to this policy recognises the importance of addressing climate change and the potential which the area has to exploit renewable energy resources as a means of diversifying the rural economy. The text rather than the policy, goes on to identify a range of impacts including cumulative impacts which need to be assessed and reference is made to the environment chapter of the development plan. The text identifies that supplementary guidance will be prepared to provide additional guidance on landscape, biodiversity and community issues and that the area between Resolven, Glynneath and Glyncorrwg is stated to be likely to offer potential for development without unacceptable impacts.

Supplementary Planning Guidance – Landscape

Supplementary Planning Guidance – Biodiversity

Interim Planning Guidance : Wind Turbine Development (2008)

UDP Policies ENV1 – Development in the Countryside; ENV3 Impacts on the Landscape and IE6 Renewable Energy are especially relevant in the consideration of this proposal. The latter in particular supports renewable energy projects provided that their impacts are acceptable and where appropriate, they include measures to reinstate the land. The supporting text notes the considerable potential for projects within the area, but draws attention to possible direct and indirect adverse impacts that should be taken into account. As the current TAN 8 post dates the UDP Policies, the Authority has produced Interim Planning Guidance (IPG) following a refinement study undertaken by ARUPs. It should be noted that the assessment by ARUP’s was based on 115m turbines and that this proposal is for 145m turbines. Potentially, therefore, the boundaries of the IPG refined area may be greater than might be acceptable for higher turbines. This needs to be taken into account in the assessment.

This IPG document and the UDP policies sit within the National policy

PLANDEV-110111-REP-EN-GW Page 58 of 204 framework laid out in Planning Policy Wales (PPW) and Technical Advice Note (TAN) 8.

Planning Policy Wales (PPW) 2010 sets out the Welsh Assembly Governments land use planning policies and confirms in paragraph 4.2.1 that:

Government advice outlined above supports the provision of wind farms as a means of meeting the Assembly Governments targets for renewable electricity production. TAN 8 identifies the most appropriate location for large scale wind farm development to be within the defined Strategic Search Areas. The Interim Planning Guidance identifies the refined Strategic Search Areas which aim to guide development to the best areas in order to minimise detrimental effects and to provide a reasonable contribution to the national targets. The proposal would have a maximum generating capacity of 299mw, and does fall within the refined Strategic Search Area F which complies with the broad thrust of government advice in respect of renewable energy. Development plan policy requires an assessment of the impacts of a proposal against national planning policy and with the criteria set out in all relevant development plan policies. The following sections of this report consider the proposal against these specific criteria.

Landscape and visual effects

Any judgement about the acceptability of the current proposal must be influenced by an assessment of its impact upon the landscape character and the area’s visual amenity. The key to assessment is to consider whether the impact will unacceptably dominate a particular landscape and the degree to which people would be affected by that impact. To assist in reviewing the proposed wind farm scheme and its landscape and visual assessment White Consultants were commissioned. Their report is summarised as follows:

The plateau upon which the development is proposed in this area ranges from 360mAOD and 600mAOD, gradually falling to the south, and shows signs of glaciation. It is dissected by steep sided U shaped valleys generally running south and defined by the Vale of Neath to the west and the Cynon Valley within RCT to the north and east. The Brecon Beacons rise to the north. The proposal is for 84 turbines (now 79) which have a maximum blade tip height of 145m with an output of up to 3.8 MW each. The indicative drawing submitted indicates the size of blades as 90m diameter with a hub height of 100m. 48 (now 46) turbines lie within NPT.

PLANDEV-110111-REP-EN-GW Page 59 of 204 The construction of the towers is stated to be either steel or a combination of concrete and steel and the colour to be either off white or light grey. A transformer building 3m high would be located at the base of each turbine. The windfarm stretches for 13km east to west and a maximum of 5km north to south with a site area of 4,680Ha. There is 49km length of existing forest tracks which need widening to 5m and 34.5km of proposed additional 5m wide tracks. There will be 40mx20m hardstandings at the base of each turbine for construction cranes. 9 borrow pits are proposed within the forestry to supply stone. An on-site sub station in an enclosure measures 100mx140m is located centrally on the plateau in a forest plantation, just inside Neath Port Talbot. Structures appear to be up to 15m high. On site and grid connection electric cabling is underground, with the 132-400kv grid sub station located in Hirwaun Industrial estate adjacent to the A465.

In order to accommodate wind turbines, 626 Ha of existing conifer plantations are required to be felled. Of this, 378 ha would be replanted leaving a total loss of 250 ha which is calculated as less than 1% of the Coed y Cymoedd Forest Estate. The trees are stated as being between 0- 30m high. Some areas of bog, grassland and peat habitat are lost to the development. Mitigation is stated as including restoration of bogs and heath. The construction period is between 34 and 36 months dependent on which materials are used to construct the turbines and the lifetime of the development is 25 years.

The Supplementary Planning Guidance differentiates between the level of effects – prominent, dominant and overwhelming. Prominent means something that can be seen and identified in the landscape without the need for closer examination. The word ‘dominant’ may describe the situation where that object draws the observer’s eye to the extent that little else is seen, even in an attractive landscape. ‘Overwhelming’ might describe a situation where the wind energy development is so close and of such a size as to be likely to make the observer feel uncomfortable and want to move away. The latter two impacts are likely to result in a proposal being refused. In addition, the Guidance further emphasises the effects on communities, and where proposals surround a community i.e. more than 180 degrees then this is likely to be unacceptable. Avoiding the sense of enclosing or hemming in settlements, such as Glyncorrwg, is reiterated and moving turbines back from plateau edges/skylines is encouraged.

PLANDEV-110111-REP-EN-GW Page 60 of 204 Key expected effects and Landscape Visual Impact Assessment (LVIA)

The wind farm is large scale in terms of extent, number of turbines and size of turbines. Overall the main landscape and visual effects are considered to be caused by the turbines with the forest clearance, tracks, hardstandings and other structures being less prominent. It is considered that the key visual effects are on the settlements in the Corrwg Valley, Neath Valley, Afan Valley and Pelenna Valley on footpaths such as Coed Morgannwg way and the Afan Forest Park. The key landscape effects are mainly on the coalfield plateau, nearby glacial landforms and glaciated valleys. The LVIA conclusions on significant effect on settlements, character areas and recreational routes appear fair.

In terms of the visual effects on Glyncorrwg, the assessment includes four photomontages, wireframes and numbered illustrations. These are shown on Plan overleaf.

PLANDEV-110111-REP-EN-GW Page 61 of 204 PLANDEV-110111-REP-EN-GW Page 62 of 204

View-point No 20 – Taken from the settlement centre (Cymmer Road ) near the valley floor with the closest turbine being 1.2km. Turbine 20 is the most prominent with turbine 19 also visible (these two turbines have now been omitted).

View-point No 21 – Taken from the valley floor near Heol yr Afan with the closest turbine being 1.7km. The wind farm appears as two groups with one 2.6 km and highly prominent to the north but framed by landform and one 2.25km to the east, larger and more prominent, although the valley sides rise above the turbines to the south containing them to an extent visually. Turbine 20 blade tip is just visible above the forestry nearby extending the spread of turbines visible on the skyline to the west.

View-point 22 – Taken from an elevated position on Heol Bryn-Gwyn, Glyncorrwg with the closest turbine being 1.5km. This view-point has wide views across the coalfield plateau. The wind farm consists of two close by turbines, No’s 19 and 20(blade tip only) with two main groups (closest 2.5km) spreading across the plateau to the east joined by less prominent turbines showing above Mynydd Corrwg Fechan. There is therefore an extensive spread of turbines and their size is clearly very large compared to the forest land cover dominating the view. Whilst in the light conditions shown in the photomontage, the westerly group (24, 26, 27 28, 30 and 33) is more prominent this group sits within the landscape more comfortably than the group (51, 57, 58, 59, 60, 61, 63) to the east.

View-point 66 – Taken from the approach road to Glyncorrwg to the south with the closest turbine No 18 being 1.5km. This view is presently partially obscured by trees. The spread of turbines is wide with those visible west of, and above Mynydd Corrwg Fechan, forming the dominant focus of the view although 3km away. Turbines further west are visible by tips only and they and those to the east of the main group would be screened by forest at present. The most prominent turbine appears to be 20 (now omitted) with turbine 21 behind. The turbine seen above Mynydd Corrwg Fechan is also prominent.

No viewpoints exceed the Interim Planning Guidance threshold of 180˚ surrounding the settlement, with the worst being 140˚ at a peripheral location. In some viewpoints (22 and 66) wind turbines form dominant elements in views. The settlement could be argued as being on the cusp of being dominated by turbines due to the views on its approaches as well as

PLANDEV-110111-REP-EN-GW Page 63 of 204 from the western part of the settlement although it is acknowledged that turbines have been set back from the plateau edge. Turbine 20 and to a lesser extent 19, are nearby and visible from most areas, including the eastern core of the settlement. Having regard to this impact on Glyncorrwg, the applicant has agreed to remove Turbines 19 and 20 from the proposal and has signed a Unilateral Undertaking to that effect. From other viewpoints the main recurring prominent group is to the north of the settlement (22,23,24,26,27,28), possibly with the exception of 28 these generally sit well in the landscape framed by the valley landforms. The group (51,52,54,55,57,58,59,60,61,63) sitting on the plateau top to the east is prominent in views from the western side of the settlement.

Performance according to visual acceptability criteria In order to prevent settlements of more than 10 dwellings from experiencing being in a wind farm landscape, settlements should not have close/surrounding views of wind turbines i.e. turbines within 2km occupying more than 60˚ of field view. (This is taken from the RCT guidance, but nevertheless forms a useful basis for assessment)

In Glyncorrwg, turbines would be within 2km (approximately 1.4 and 1.8km) from worst case settlement edge viewpoint (no 22) and they form a 38˚ view which is below this threshold. From this point the overall turbines averaging 3-4km field of view is approximately 141˚ and others in the settlement amount to around 120˚. In all viewpoints the most prominent/proximate turbine is No 20, which as stated previously has been removed from the proposal. The 2km threshold criteria for settlements relate to wishing to prevent a settlement feeling as if it is in a wind farm landscape. In broad terms, turbines which fall within the 2km threshold have the potential to be dominant /overbearing features depending on the number of turbines, landforms and intervening landcover. Beyond 2km the turbines are considered to be prominent features ie. easily seen and identified without the need for close examination of the landscape. However, the settlement would be less likely to feel in a wind farm landscape.

Settlements which are below this threshold include: (a) Glynneath – where the nearest turbine is approximately 4.1km from the centre (viewpoint 29) with views of turbines, field of view is a maximum approximately 70˚. Four hubs are potentially visible depending on the forest cover, other turbines have only tips potentially visible. The most prominent turbines are 12 and 13. However, due to the distance from the settlement to the wind farm they are below the threshold.

PLANDEV-110111-REP-EN-GW Page 64 of 204 (b) Resolven – where the nearest turbine is approximately 3.8 km from the valley bottom viewpoint (viewpoint 28) with views of turbines, field of view maximum approximately 61.1˚. Eight hubs are potentially visible depending on forest cover, other turbines only have tips visible. However, due to the distance they are below the threshold. Nearer viewpoints would not see turbines to the same extent. (c) Cynonville – where the nearest turbine is approximately 1.9 km from the eastern edge of the settlement (viewpoint 23) with views of the turbines, field of view maximum approximately 50.6˚. Only one turbine close by with the rest at some distance. Two hubs are potentially visible depending on forest cover, other turbines have only tips visible. (d) Croeserw – where the nearest turbine is approximately 3.5km from the edge of the settlement (viewpoint 18) with views of the turbines, field of view maximum approximately 82.7˚. Three hubs are potentially visible depending on forest cover, other turbines only the tips are visible. (e) Abergwynfi – where the nearest turbine is approximately 2.3km from the southern edge of the settlement (viewpoint 17) with views of the turbines, field of view maximum approximately 22.9˚. Six hubs are potentially visible depending on forest cover, other turbines only have tips visible. (f) Tonmawr – where the nearest turbine is approximately 3.9km (viewpoint 24) from the edge of settlement with views of turbines, field of view maximum approximately 5˚. (g) Cimla – where the neareast turbine is approximately 6.4km from the edge of the settlement (viewpoint 25) with views of the turbines, field of view a maximum approximately 5.6˚ .Three hubs are potentially visible while other turbines only have tips visible. (h) Cifrew – where the nearest turbine is approximately 5.8km from the valley bottom (viewpoint 27) with views of turbines, field of view maximum approximately 40.4˚. Twenty nine hubs are potentially visible depending on forest cover, other turbines only have their tips visible. (i) Neath – where the nearest turbine is approximately 7.6km from the valley bottom (viewpoint 77) with views of turbines, field of view a maximum approximately 5.3˚. Six hubs potentially visible depending on forest/woodland cover. Other turbines only have tips visible. (j) Coelbren- where the nearest turbine is approximately 8km from the settlement (no viewpoint available) with views of the turbines, field of view maximum of approximately 33˚. The ZTV indicates that

PLANDEV-110111-REP-EN-GW Page 65 of 204 potentially between 1 and 16 hubs would be visible at a distance.

As demonstrated above, only one settlement is near the threshold for the criteria which is Glyncorrwg. In all viewpoints the potential spread of view significantly exceeds the 60˚ angle, with some turbines within 2km but the distance of the others averaging 3-4km. From the approach road it would be clear that there are turbines on the plateau to the north, east and west which would give the feeling of being in a wind farm landscape. Other settlements are generally too far away, although three comprising of Resolven, Glynneath and Croeserw exceed the angle of view.

In order to prevent dwellings from feeling as if they are in a wind farm landscape, dwellings should not have close/surrounding views of wind turbines i.e. more than 3 turbines within 1km radius. The Environmental Statement states that there are no individual dwellings within 1km of 3 turbines. However, the property known as Troed y Rhiw Farm is sited within 1km of the nearest turbine and it has a field of view of 65˚. However, given that this is a single isolated property only marginally exceeds the 60º guideline it is not a justification to object to the development.

In order to avoid visitors and those engaging in recreation having a detrimental experience, heavily used viewpoints should not have close/surrounding views of wind turbines i.e turbines within 2km occupying more than 60˚ of field of view. The application site is crossed by the Coed Morgannwg Way, a regional long distance route, with St Illtyd’s Way, a cycle route and various other public footpaths. It lies within a public forest, much of which is the Afan Forest Park. The latter is very popular with cyclists, although it is acknowledged that most of these users are less sensitive than walkers as they are more focused on their activity. Therefore, there will be opportunities for very close views of the turbines, and from some locations the turbines will occupy significantly more than 60˚ of the view. There will also be some distant open views of the turbines from the Cistercian Way to the south, with the nearest turbine being 2.6km away. Overall it is considered that this threshold is breached due to the effects on the Coed Morgannwg Way, St Illtyd’s Way and users of the Afan Forest Park.

Performance according to landscape acceptability criteria

To minimise adverse effects upon sensitive local landscape character and avoid distortion of the sense of scale, turbine visibility should be avoided in proximity to cwms, scree slopes, crags and other features (e.g field

PLANDEV-110111-REP-EN-GW Page 66 of 204 boundaries, walls, barns and deciduous trees) whose sense of scale would be affected by the turbines. If possible, turbines should be no more than half the height of the landform onto which they are placed.

The site is located in LANDMAP visual and sensory area NPTVS962, Mynydd Nant y bar/Mynydd Blaenafan, which is of moderate value. This is a large area including the plantations in which the proposed windfarm sits. It is described as a ‘Large area of undulating plateau running across the high ground between the Afan valley and the Neath Valley to the east of the county borough. Rising from approximately 50m AOD in the Neath Valley to 600AOD. Numerous small valleys provide added topographical interest to this landscape which the conifers emphasise and add drama to. The area is almost entirely covered with coniferous plantation, mainly spruce, with larch which leads to a monotonous cover on the plateau tops. There are some areas of open ground and exposed rock, primarily at summits or steeper ground. There are no roads or settlements in this area although the Coed Morgannwg Way which dissects the area and provides access along a long distance trail. In many areas the abrupt forest edge sits uncomfortably with the surrounding open landscape. Cleared areas of forest are unsightly. ‘

Large numbers of turbines are visible in conjunction with the scarp slope and the valley sides from the Brecon Beacons to the north, from the other upland areas and from the Neath and Dulais Valley sides such as from Cilfrew (viewpoint 27). There are rock outcrops visible within Neath Port Talbot with turbines behind, such as from Glynneath (viewpoint 29) but the turbines are set back to an extent and their juxtaposition is not considered unreasonable. Overall, however, it is clear from the Brecon Beacons and from the uplands within the County Borough that the turbines would dominate the coalfield plateau due to their number and extent.

The site falls predominantly within Zones 9, 11, 12, 13 and 45 as defined by the TAN8 Annex D Study for SSA F (See Plan overleaf).

PLANDEV-110111-REP-EN-GW Page 67 of 204 PLANDEV-110111-REP-EN-GW Page 68 of 204 Zone 9 is described as low sensitivity “because it is the core of the large scale higher coalfield plateau with a simple and gently undulating skyline with small incised valleys, rising to 550mAOD, 200m above minor tributary valley floor to the west. The landcover is part of a vast scale forest plantation with clearings. The forest creates abrupt edges in places.’

Zones 11,12,13 and 45 are described as medium- low sensitivity “because it is part of the higher large scale coalfield plateau with small incised valleys, rising to a maximum of 550mAOD, varying between 150 to 450 m above the valley floor. The skyline is simple and gently undulating. The landcover is part of a vast scale forest plantation with clearings. The forest creates abrupt edges in places.’

The Pen y Cymoedd turbines would become a defining characteristic of all the above areas- ‘upland plateau with forestry and wind turbines’. The relatively large scale and simple landform and landcover is considered generally suitable for wind farm development although the edges adjacent to valleys are considered sensitive. Turbines are generally set back from the plateau edge with the exceptions mentioned below.

Turbines on Mynydd Nant y Bar would be over half the height of the landform adjacent to Cwm Cregan and the Afan Valley and Glyncorrwg [164m, 270m and 230m to the valley floor respectively] and therefore would breach the criterion threshold with respect to height. These turbines are generally set back on convex landforms above the valley sides so do not clash with specific landforms excessively but nevertheless reduce the apparent scale of landforms, especially around the upper parts of Glyncorrwg. The turbine heights would be under the threshold in the Neath valley [around 300-400m change in level]. In more distant views- particularly from upland areas the turbines will be clearly visible. In Neath Port Talbot the windfarm generally avoids juxtaposition with dramatic and sensitive features such as scarp and rock outcrops although it impinges a little in views such as from Glyneath in the Neath valley. The size of the turbines mean that they reduce the sense of scale of the hills in some areas such as around Glyncorrwg. Overall the number, extent and size of the turbines will dominate the coalfield plateau even though it is generally a large scale landscape suitable for windfarm development. The windfarm is considered on balance not to comply with this criterion.

To avoid over dominant effects on the skyline, and minimise breaking skylines when viewed from sensitive landscapes and viewpoints, turbines

PLANDEV-110111-REP-EN-GW Page 68 of 204 should be sited an appropriate distance back from the break of the slope to avoid over dominant effects. If possible, wind turbines should be set against a landform backcloth. Wind turbines should not occupy more than 60˚ of the skyline.

The proposed turbines would inevitably be prominent features on the skyline, including in some close views from nearby settlements. However, efforts have been made to position most turbines back from the plateau edge, and this limits their visibility to blade tips in many cases and hence their effects on the skyline are often not over dominant in close views. However, more than 60˚ of the skyline is affected in the areas around Glyncorrwg, Resolven, Glynneath and Croeserw. Glyncorrwg is the worst case. Although turbines are set back they are apparent, and are a dominant focus in views up the valley. However, the sensitivity of the landscape and recreational receptors here [excluding residential receptors who are covered elsewhere] may be considered of lower sensitivity than, say, the Brecon Beacons. The Neath valley at Resolven is an intermediate case, with Pen y Cymoedd combining with Ffynnon Oer to form a very prominent rather than dominant group. At Glynneath and Croeserw the visible turbines are well separated, with limited visibility eg blade tips, and so are not over dominant.

In more distant views, particularly from the Brecon Beacons National Park, the turbines will be highly prominent on a wide stretch of skyline- eg 60.6º from viewpoint 41, 6.9km away at Comin y Rhos to the west [outside NPT]. The wind farm is considered on balance not to comply with this criterion.

To protect the character and setting of the Brecon Beacons National Park, no wind turbines should be sited within the National Park and should not occupy more than 30˚ of the field of view within a 10km radius from any point within the National Park.

Bordering NPT, the Brecon Beacons National Park is within 3.5km of the site,and the ZTVs indicate large zones of visibility within the National Park on its south facing slopes. The turbines will be highly prominent on a wide stretch of skyline- eg 32.8˚ from viewpoint 48, 9.1km away at Cwm Cadlan within RCT; 60.6˚ from viewpoint 41, 6.9km away at Comin y Rhos to the west. The wind farm is not considered to comply with this criterion.

To accord with E &F Study Zone assessment of LANDMAP Landscape Character sensitivity, wind farms should be accommodated in Zones with

PLANDEV-110111-REP-EN-GW Page 69 of 204 Landscape Character sensitivity of less than medium –high or high. The site falls predominantly within Zones 9, 11, 12, 13 and 45 as defined by the TAN8 Annex D Study. Zone 9 is evaluated low sensitivity and the others are evaluated as medium- low sensitivity. The wind farm complies with this criterion.

Performance according to Policy Criteria

With regards to the acceptability of the proposal in terms of policy, the application site falls within Strategic Search Area F as identified in TAN 8 and the refined Strategic Search Area. In addition, the proposal does not fall within a designated Special Landscape Area. TAN 8 advises that within SSA’s the implicit objective is to accept landscape change ie. significant change in the landscape character from wind turbine development.

Planning Policy Wales (PPW) states that the ‘introduction of new, often very large, structures into the open countryside needs careful consideration to minimise the impact on the environment and landscape’. The turbines are generally located carefully and set back from the plateau edge as far as possible but in some instances they conflict with sensitive landform, for example Craig y LLyn. PPW further advises that ‘ any potential detrimental effects on local communities are minimised’. Settlements on the edge of an SSA would expect some views of the turbines and provided they are mitigated as far as possible by setting back to avoid becoming overbearing or dominant elements, or enclosing settlements they may be acceptable. The removal of Turbines 19 and 20 assist in reducing the effects on Glyncorrwg both when viewed from within the settlement and the approach road. The angle of view of the development would be 80˚ which is within the 180˚ limit with the closest visible turbines at least 2km from the settlement. As a result the eastern sides of the settlement would not have, or have limited views of the wind farm and so the magnitude of effects would be reduced here.

The overall strategy of concentrating the bulk of the turbines to the north of the refined SSA area has effects on the Brecon Beacons National Park. However, the assessment states that even if turbines were placed further south, with likely associated effects on settlements, the turbines would still be visible from the rising ground of the Beacons.

Cumulative Issues

The assessment of cumulative effects is highly integrated within the

PLANDEV-110111-REP-EN-GW Page 70 of 204 assessment making it difficult to understand key effects over and above Pen y Cymoedd only effects. Table 6.21 of the ES defines where significant viewpoint effects are caused by Pen y Cymoedd only and where effects are cumulative. In order to simplify the discussion of cumulative effects it is proposed to discuss the effects in relation to the main relevant surrounding wind farms. The effect discussed is the overall combined effect of the two wind farms. In all cases the effects are considered adverse.

Ffynnon Oer is an existing wind farm. The cumulative effects with Pen y Cymoedd would be primarily apparent from the Neath Valley sides, Hirfynydd, , the Afan Valley as well on the coalfield plateau. From the Neath Valley sides, namely Hirfynydd, Mynydd Marchywel, the proposal would be visible extending visibility of turbines to the north and south of Ffynnon Oer and making it appear small in comparison with a significant additional effect. From the Afan Valley, when viewed from Croeserw the proposal would slightly increase the number of turbines visible to the north, with limited effect. From the coalfield plateau, the proposal would significantly increase the number of turbines visible to the north and south of Ffynnon Oer and making it appear small in comparison with a significant effect.

Maesgwyn is an approved windfarm. The cumulative effects with Pen y Cymoedd would be primarily apparent from the Neath Valley- Glynneath, Dulais/Pyrddin valleys- Dyffryn Cellwen as well the Hirfynydd Ridge and coalfield plateau. From the Neath valley, in particular Glynneath a few of the turbines would be visible above the skyline to the east across the valley but the main effect would be from Maesgwyn turbines to the west on the adjacent ridge. These would give the feeling of surrounding the settlement to an extent with a significant overall effect. From the Dulais/Pyrddin valleys, in particular Dyffryn Cellwen, the proposal would be visible behind the Maesgwyn turbines at a greater distance and so the estimated effect would be slight and probably not significant. From the Hirfynydd Ridge, the proposal would be a noticeably separate cluster to the east at a greater distance. From the coalfield plateau, the proposal would significantly increase the number of turbines visible closer too on the western and northern slopes with a significant overall effect.

Hirfynydd is a windfarm in the planning process. The cumulative effects with Pen y Cymoedd would be primarily apparent from the Neath Valley sides and floor in places, Hirfynydd, Dulais valley sides as well on the coalfield plateau. From the Dulais valley sides /Cilfrew, the proposal

PLANDEV-110111-REP-EN-GW Page 71 of 204 would be visible as a distinctly separate and large series of clusters with a significant effect. From the Neath Valley sides and floor the proposal would be visible as a distinctly separate and large series of clusters which with Hirfynnyd gives the valley a feeling of being surrounded with a significant effect. The proposal would be visible as a distinctly separate and large series of clusters with a significant effect even though at a distance. From the coalfield plateau, the proposal would significantly increase the number of turbines visible to the east separated significantly from the Hirfynydd turbines with a significant effect.

Llynfi Afan is a windfarm in the planning process. The cumulative effects with Pen y Cymoedd would be primarily apparent from the Afan valley as well as on the coalfield plateau. From Abergwnfi, the proposal would be visible as a distinctly separate cluster on the north side of the valley having a lesser impact than Llynfi Afan which is on the adjacent ridge to the south. Together they would have a significant effect giving a feeling of surrounding the valley. From Croeserw, the proposal would form two small clusters, one apparently extending Ffynnon Oer, with Llynfi Afan being the dominant visible windfarm and Fynnon Oer being prominent. The additional effect of the proposal is limited although the overall effect is significant. From the coalfield plateau, the proposal would significantly increase the number of turbines visible to the north separated significantly from the Llynfi Afan turbines.

Other wind farms have cumulative effects but of limited significance to this authority.

The conclusions from this are that because Pen y Cymoedd is such a large wind farm its additional, as well as overall, cumulative effects with other windfarms are usually significant. Areas particularly affected include the Neath Valley and its settlements, Dulais valley sides, Hirfynydd and the western coalfield plateau.

In terms of landscape effects, while the coalfield plateau is able to accommodate the cumulative scale of development in terms of simple landform and land cover, its edges and adjoining valleys are affected in places.

Conclusion

In assessing visual impact, TAN 8 recommends the need to maintain the integrity and quality of the landscape within the National Parks/AONB’s of Wales i.e no change in landscape character from wind turbine

PLANDEV-110111-REP-EN-GW Page 72 of 204 development. Within Strategic Search Areas (SSA’s), the implicit objective is to accept landscape change i.e significant change in landscape character from wind turbine development. The strategy of TAN8 and of the Interim Planning Guidance is to concentrate large scale wind farm development within a relatively small proportion of the Country within the identified SSA’s. These areas are, on balance, technically practicable and environmentally better able to accommodate such impacts than other parts of Wales.

Wind farms have to be located on high ground to maximise conditions, design efficiency dictates that they have to be of such a stature. It is impossible therefore to completely screen such developments as they will always be visible from surrounding areas at various distances. From the above assessment it is evident that the windfarm will be visible from the public highway, rights of way and recreational trails and will be a prominent feature within the landscape due to the nature of the geography of the valleys in this area, with settlements extending up the valley sides and on high plateau areas. A careful assessment has to be made relating to the degree of visual impact the development would have. The key factor is considered to be, whether turbines would dominate the landscape.

There is no doubt that this development will have a visual impact on the landscape, both from settlements, in particular Glyncorrwg, surrounding areas and from the Brecon Beacons National Park. However, the fact that they will be visible is not, in itself a reason for refusal. The key factor is whether the proposal will unacceptably dominate the landscape. In respect of Glyncorrwg, the above assessment indicates that within 2km of the nearest turbine the field of view falls within the 60 º threshold. The angle of view of the development minus Turbines 19 and 20 when viewed from Heol y Bryn would be 80º. This is within the 180 º limit outlined in the Interim Planning Guidance. The closest visible wind turbines would be further than 2km from the settlement. In addition, the removal of Turbines 19 and 20 would result in the eastern sides of the settlement having no or limited views of the wind farm and so the magnitude of effects would be reduced. The approach road and western and central parts of the settlement would still have clear views of the turbines to the north and east. It is considered that the removal of these two turbines together with the turbines being sited back from the edges of the plateau avoiding more exposed peripheral ridges reduces the impact of the development on this settlement and on balance the proposal would not have a significant adverse visual impact to warrant raising an objection to this application. This conclusion also applies to other settlements and parts of the County Borough from which elements of the wind farm will

PLANDEV-110111-REP-EN-GW Page 73 of 204 be seen.

Sustainability

A number of key sustainable development objectives are embodied in the National Assembly of Wales policies which primarily relate to the environment, the economy and society and public participation.

In relation to the environment, the proposed development uses a natural renewable resource, wind, to generate electricity. It will enable local people to benefit from the scheme. The generation of renewable energy is also recognised as making a contribution to the avoidance of harmful emissions associated with climate change, acid rain and environmental pollution.

The original ES outlines details associated with the generating capacity of a wind farm with 84 turbines. However Members should note that the applicants have signed a Unilateral Undertaking to secure the removal of five of these turbines, two of which are within the boundaries of this authority with three sited within RCT. Therefore the generating capacity will be reduced to between 237MW and 281 MW. The following figures have also been revised to reflect this reduction. It is envisaged that the proposal will generate between approximately 21.3 % and 31.2 % towards the total combined electricity demand for both this Authority and Rhondda Cynon Taff County Borough Council. This results in the proposed wind farm being able to supply approximately 2.9% to 4.3% of the total combined electricity demand for Wales, approximately 19.7% to 34.8% of the TAN 8 target for 2010 and 7% and 10.3% of the TAN 8 target for 2020.

However, whilst the principle continues to meet the broader sustainability and other criteria set out in the TAN, the proposal has to be balanced against the potential Environmental Impacts of the proposed development.

Noise & Disturbance & Shadow Flicker

Noise issues relating to the potential impact of this Wind Farm Scheme have been assessed in the Environmental Statement and the methodology is described above.

The Head of Public Protection and Housing (Noise) has confirmed that the operational levels fall within the guidance levels specified in the DTI

PLANDEV-110111-REP-EN-GW Page 74 of 204 document ETSU-R-97 – The Assessment and Rating of Noise from Wind Farms. She further advises that construction and decommissioning noise levels have been predicted and are also well within the government guideline limits.

As it is unclear whether any piling operations will be required it is suggested that the Applicant contacts the Authority before commencing operations to discuss the operations in order to minimise disturbance to local residents. Blasting may also occur in the quarrying of stone from the proposed borrow pits. It is considered that these issues can be adequately addressed by the imposition of suitably worded conditions attached to any consent.

In view of the foregoing, it is considered that the noise implications will be insignificant.

In terms of shadow flicker, the Environmental Statement provides an assessment on those dwellings which are considered to be the closest. Two properties were identified only one (Troed-y-Rhiw Farm) is situated within this Authority and located 775 metres from the nearest turbine. No turbines are within 130 degrees of either side of north which meets the relevant guidelines. As stated in the ES above, the likely frequency is also well below that considered to cause a potential nuisance.

It is therefore considered, in view of the foregoing that shadow flicker should have no detrimental impact on residential properties.

Traffic Implications

Traffic generated by the wind farm proposal would almost be entirely limited by to vehicle movements during construction and decommissioning. During the operation of the wind farm, traffic would mainly be limited to light vehicle movements and occasional deliveries. During construction, turbine components, electrical equipment, raw materials for concrete (water, cement and aggregate), steel for turbine foundations and electrical cabling would all need to be transported to the site using the public road system along the A465 and entering the site from roads in Rhondda Cynon Taff.

The traffic implications relating to the proposal have been considered by The Head of Engineering and Transport (Highways) who has raised no objection to the proposal providing that no deliveries of plant materials or turbine parts are made other than via the A465.

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The grid connection will potentially require traffic control measures to ensure the safety of construction personnel and the public. Any transport and traffic issues will be addressed in a Traffic Management Plan to be agreed, if consent is given, with Rhondda Cynon Taff Cynon Council.

In view of the above, it is considered that the proposal will not have a significant adverse impact on highway safety.

Geology, Mining and Mineral Resources

The proposed wind farm site lies within an area long associated with surface and underground coal mining and quarrying. The baseline conditions were established through a detailed desk study and assessment of Coal Authority records, geological maps and other sources of relevant material. The Coal Authority has objected to the proposal on the grounds of potential sterilisation of surface coal resources and coal mining legacy.

The Coal Authority asserts that “Although it is argued that consent for wind farm turbine schemes is usually considered to be for a temporary period (often 25 years, as indicated in this case), this is still a long time.” Within this period it is felt that this wind farm proposal would constrain this area potentially considered by operators for surface mining proposals and is therefore in effect sterilising the surface coal resources.

In terms of wind farms being considered development of a ‘temporary’ nature, Minerals Technical Advice (Wales) 2 Coal (MTAN2) identifies at paragraph 39 (in the context of safeguarding) that development of a temporary nature which can be completed and the site restored to a condition that does not inhibit extraction within a reasonable timescale includes wind farms. While underground coal mining has been undertaken in the area in the past, there is no record of any past surface opencast extraction activities within this wind farm planning application area. No planning applications have been lodged with the Authority for the extraction of coal by surface opencast methods.

In areas of surface coal resources the Coal Authority expects developers and the Local Planning Authorities to consider prior extraction of any remnant shallow coal, in accordance with paragraph 42 of MTAN2. However, prior extraction of shallow resources is only feasible if technical, economic and environmental assessment demonstrates that the coal resources can be economically and sustainably extracted. As indicated above, no interest has been shown by surface coal mining

PLANDEV-110111-REP-EN-GW Page 76 of 204 operators in the coal resources within the wind farm planning application area.

With regards to the prior extraction of shallow coal, the Coal Authority states that in the event of any unrecorded shallow mine workings on site this would enable the land to be stabilised and treated rather than the less sustainable option of attempting to grout and fill voids with the consequent further sterilisation of the nation’s asset. The Coal authority also asserts that the Environmental Statement (ES) does not make it clear what the applicant’s approach would be to stabilisation if voids are encountered during site investigation. The ES identifies in paragraph 10.6.8 that methods of stabilisation include drilling and grouting and partial or total extraction (dependent upon the depth of mine workings). While the prospects of extraction of shallow coal mining voids and any in situ coal can only be determined by site investigation and mitigation measures within the Construction Method Statement, the quantities of coal likely to be recovered in this manner will be minimal.

The Coal Authority recognises that the applicant has undertaken extensive research into coal mining legacy issues and the layout has been informed by coal mining data, with turbines positioned to minimise conflict with known hazards. However, conflict does exist with one of the turbines and some associated access road development and recommends that the applicant should identify if instability issues exist and propose any mitigation measures necessary to ensure the stability and safety of the proposed development. The ES identifies a small number of instances where detailed site investigations and mine working treatment methodologies will be required. This can be satisfactorily addressed by a suitably worded condition attached to any consent, requiring the submission prior to the construction phase of a Construction Method Statement detailing how the development will be constructed.

It is considered that the applicant has satisfactorily demonstrated that the proposed layout of the development has been drawn up, with areas of known danger both for construction and operation of the wind farm having been avoided. Whilst it is emphasised that this is primarily a matter for the developer in conjunction with other agencies, there is no evidence to suggest that the erection of the turbines would cause ground instability. As the wind farm is a temporary proposal, it is considered that there will be no sterilisation of the mineral resource and no significant long term impact.

PLANDEV-110111-REP-EN-GW Page 77 of 204 Hydrology and Hydrogeology

The wind farm has the potential to alter the hydrology and hydrogeology regime within the site. Impacts are possible as a result of tree removal and the construction of tracks, hardstandings, buildings and turbine foundations, including possible increased run off and sedimentation. The potential impacts will be managed through measures which would be fully detailed in the Construction Method Statement. The Environment Agency have raised no objection to the development in principle. However, to prevent groundwater pollution of the environment a number of conditions are recommended.

Risk assessments have been carried out to assess the impact of the development on private water supplies in the area. With appropriate mitigation, the impact on all but two water supplies has been identified as being ‘negligible’. The impact on supplies to Tyle-fforest and Nant yr Allor is identified as being of ‘low risk’. Detailed water quality monitoring prior to and during construction will identify whether there is any detrimental impact on water quality and if any emergency procedures are required. This can be secured by the imposition of a suitably worded condition attached to any consent.

Cultural Heritage

The cultural heritage assessment considered the potential impact on the archaeological resource within the Site boundary. Of the 1064 sites of archaeological interest identified by the assessment, there are 45 scheduled ancient monuments i.e. sites of national importance. There are also 32 Listed Buildings identified in the study area. Gwent Archaeological Trust have undertaken an assessment of the archaeological effects of the proposed cable connection to the off site substation. Nine sites of archaeological interest have been identified within this study area, of these only one Ffos Toncenglau Dyke is a Scheduled Ancient Monument (SAM) .The others are minor sites of only local interest. It should be noted that this SAM falls within Rhondda Cynon Taff County Borough Council. Mitigation measures such as an archaeological watching brief is proposed to ensure that there will be no effect to the dyke. Nevertheless, this is a matter to be considered by Rhondda Cynon Taff. Similar mitigation measures are proposed in relation to the other historical sites. Glamorgan Gwent Archaeological Trust and CADW have raised no objection to the application subject to the imposition of a suitable condition requiring the applicant to submit a detailed programme of investigation for the archaeological resource and

PLANDEV-110111-REP-EN-GW Page 78 of 204 historic landscape.

With regards to the impact of individual turbines on archaeological sites it is accepted that the presence of plantation forestry across the majority of the development area has completely obscured visual links between sites, for which the settings could be potentially affected. Localised felling around the turbines and access tracks will not reopen these views, and so the presence of the turbines will not obstruct any original pre afforestation intervisibility between sites and as such the significance of impact is none. However, turbine 16 would be 250 metres north of Carn Caglau Cairn which is situated at the top of Mynydd Blaen –ned-du, Glyncorrwg and stands within open forest ride. The long distance footpath of Coed Morgannwg Way and another footpath intersect just to the north of this site. Although this site is publicly accessible. Anyone visiting this site will have already seen many turbines within the proposed development and as such it is difficult to argue that the individual turbine will have a significant impact on the setting of the site.

Turbine 9 lies 400 metres south of the centre of a very large Roman marching camp (GM367) and a little further away from the adjacent Iron Age enclosure (GM366) located to the south of Resolven and north of Abercregan close to the existing FFynon Oer Wind Farm. This camp is crossed by the publicly accessible Coed Morgannwg Way, and offers open views in all directions. This turbine is considered to be prominent in view to the south, rising high above the local tree cover. The hill slope falls away from the scheduled monuments so that the visual impact of turbines 5-8 and 10-11 would also be significant. The existing wind farm Ffynnon O’er which is a similar distance to the proposed turbines is situated to the south east. This existing wind farm together with turbine 9 and to a lesser extent 5-8 and 10-11 will further the impact around the south west of the two scheduled ancient monuments. In terms of the setting of the monuments, there is no practical mitigation which could be imposed. Whilst it is acknowledged above that the siting of some turbines would have an impact on the setting of these ancient monuments, it is considered that if permission were granted this would only be for a 25 year period which means that the impact is time limited. On balance it is considered that the impact is not so significant as to raise objection on these grounds.

Tourism and Socio-economics

In respect of tourism, the existing studies and research on the effects of wind farms on tourism suggest that the presence of a wind farm does not

PLANDEV-110111-REP-EN-GW Page 79 of 204 generally deter visitors or impact on the decisions to revisit and that wind farms can be tourist attractions in their own right. In addition, whilst the scale of the proposal means that it is likely to impact upon the visual experience of walkers and mountain bikers close to the site there is no evidence to suggest that wind farms in areas of high scenic value have experienced reductions in tourism demand. The operational Ffynon Oer Wind Farm constructed in 2006 has shown no demonstrable impact upon tourism figures. Since that date there has been an increase in bikers using the Afan Forest Park despite its close proximity to this wind farm.

Afan Forest Park is likely to be the most affected by the proposal and the possibility cannot be excluded that some walkers may be deterred from visiting the park. In addition, it is not possible to quantify revenues attributable to visitors from outside Wales but the visitation patterns suggest that these revenues may be small.

With regards to mountain biking, the proposal could have an effect on existing mountain bike trails in and around Glyncorrwg with the Skyline trail being affected the most during the felling and construction phase of the wind farm. This could have an impact on the number of visitors using these trails together with the associated impacts on local businesses in the area. The mitigation measures put forward by the applicant to off set the temporary closures of the Skyline Trail include enhancing the affected sections of the trail with additional technical features and for new sections to be developed. It is considered that the potential impact from the closure of sections of this trail is significant and in order to compensate for this loss and the potential reduction in the number of users, it is considered that a new black graded route should be provided. This route is estimated to cost £350,000 including annual maintenance and marketing activities associated with the Trail. This would offer mountain bike enthusiasts a challenging new route which in turn would draw users into the area. Also it is considered important that potential users of the bike trails know that the routes would stay open during construction. A contribution of £20,000 from the developer is sought to fund marketing activities which would include interpretation boards, marketing leaflets and health and safety information. The applicants have agreed to fund this.

The likelihood of mountain bike riders being permanently deterred on the basis of loss of visual amenity is remote given the precise focus of the physical challenges of the tracks. The impact of the construction phase is transient and it is not expected to reduce visitation in the long term given the visitor attributes, and will be offset by the proposed new black route.

PLANDEV-110111-REP-EN-GW Page 80 of 204 In respect of walkers, the walks which falls within the application site have relatively low usage when compared overall with other walking routes in South Wales. Walkers and ramblers are most likely to respond negatively to landscape changes caused by turbines. However, because the number of tourists who are walkers are low, their impact on tourism spending in the local economy is likely to be small. Therefore, reductions in walking visitors within and around the wind farm would make a negligible impact on the tourism economy.

The construction and operational phases of the proposed wind farm could have important economic benefits, with the provision of an estimated 200 jobs in Wales during the development construction phase and between 27 and 74 full time jobs in Wales could being supported during the operational life of the wind farm.

Ecology Assessment

The ecological assessment of the EIA provides baseline information as referred to above.

The application site supports a nationally significant blanket peat resource with pockets of surviving, albeit modified; blanket bog which are identified as areas of nature conservation interest. The UK has special responsibility to protect this habitat with the inclusion of active blanket bog (Habitats Directive 92/43166) requiring the UK to meet favourable Conservation Status for this internationally important habitat. Blanket bog is also a priority UK Biodiversity Action Plan (BAP) habitat and a habitat of principle importance for the conservation of biological diversity in Wales under section 42 of the NERC Act 2006.

In respect of the impact of the proposal on peat, the original ES incompletely described the extent of the peatland habitats present within the site and CCW advised that the baseline information was not sufficient to allow a full assessment of the impacts of the scheme on peatland habitats. In addition, the applicant had not provided sufficient assurance that all possible options in terms of scheme design had been considered to avoid those identified impacts.

The SEI now provides a significant additional commitment to restore mire habitat over the full extent of the deep peat soils at the site. The calculated reduction in the emissions resulting from this restoration is, even on a worst case basis, estimated in the SEI to at least equal emissions from loss of stored carbon in the peat caused by wind farm

PLANDEV-110111-REP-EN-GW Page 81 of 204 construction. The applicant has committed to a restoration programme which covers the entire deep peat resource and this is considered to be a significant advance on the position that existed when the ES was submitted. CCW regards this commitment as essential given the remaining uncertainty over impacts on peat and the possibility that further avoidance of these impacts might have been enabled by redesign elements of the scheme. The commitment by the applicant not to construct 5 of the number turbines will reduce some impacts on peat. This approach has resulted in a significant requirement for work at later stages in the process which must be properly resourced and enforced. Therefore, rigorous conditions and the section 106 that the applicant has agreed to enter into is considered essential to uphold the commitment to restoration and impact minimisation.

CCW advises a substantial habitat management scheme is required to adequately compensate for the impact upon the peat which the developer has accepted and a 1500ha Habitat Management Area with a £3 million fund to execute it has been secured. Given the level of work required for the Peat Impact Minimisation Protocol (PIMP) in the first two or three years of the construction and operational phases of the development, the applicant has indicated their intention to commit financial resources to this process by employing a peat protocol officer and funding CCW’s expert input to the committee. This would be addressed by a legal agreement.

Due to the constraints imposed by the existing tree cover a full peat survey was not possible, and detailed surveys will need to be carried out post consent after trees have been felled. The applicant seeks a micro- siting allowance of 50m for turbines and associated infrastructure with which CCW is in agreement. However, to minimise the impact on peat CCW would support 100m on an exceptional turbine by turbine basis, subject to necessary assessment of impacts being undertaken to comply with the EIA Regulations. The commitment of the applicant to micro site turbines to reduce the impact on peat and peatland habitats is welcomed by CCW. However, the suggested wording of this condition would not provide any control over micro-siting within 50m so would provide little benefit for peat impact minimisation; within 100m the condition relies upon the applicant seeking permission to undertake the micro-siting to avoid further impacts – this needs to be tightened up so that there is a presumption that the applicant will apply to mirco-site to minimise impacts wherever this will be possible considering all other constraints. The suggested conditions deal with this.

PLANDEV-110111-REP-EN-GW Page 82 of 204 CCW originally raised concerns regarding the inability to carry out comprehensive peat surveys due to the post –felling surveys and inform mitigation, enhancement and restoration proposals as well as issues of hydrology. This commitment would be secured by a S106 Agreement that will legally bind the applicant to follow the agreed protocol and comply with the aims of minimising the impacts of peat.

Previous comments from the Authority’s Ecologist requested further assessment to establish the functioning of the whole peatland system, including its hydrology and whether the proposed mitigation is appropriate. However, CCW as statutory consultee have confirmed that they are satisfied that the developer has offered measures which provide significant reductions in the scheme’s impact with the commitment to restore the entire deep peat resource. This represents in effect mitigation of the worst case scenario based on the developer’s peat carbon impact calculations.

In the original ES, the applicant undertook an assessment of the likely impacts of the wind farm development on loss of carbon fluxes and storage using the Scottish Government Carbon Calculations methodology. The emissions parameters used to perform the calculations are derived from published sources and mostly represent the best available information at the time of preparation of the ES. It should be noted however that new data may emerge that may alter the consensus on the parameter values most appropriate for use in the calculator. Furthermore, the SGCC methodology itself may require further refinement as scientific understanding of peatland carbon dynamics increases. Furthermore the value of localised emissions factors and survey data, derived from actual field recording at the development site in question have been largely overlooked. All of these factors may mean that the actual net carbon balance of the development will differ from the figures presented in the SGCC analysis. To minimise this discrepancy, the future use of the SGCC as part of the Peat Implementation Management Protocol should be modified accordingly to fully use emerging evidence. This would be dealt with through the PIMP.

CCW further notes that the benefits of the peat impact minimisation protocol presented in the SEI (Section 19) may be overestimated. This is due to the large size of turbine bases and the variability of peat depth, meaning the average peat depth beneath the optimal turbine location may be greater than the minimum depth.

In the light of the SGCC evidence presented, taking account of a number

PLANDEV-110111-REP-EN-GW Page 83 of 204 of detailed issues and particularly considering the apparently very large emissions reduction potential of the electricity generated by the development in comparison with the relatively small amount of emissions associated with peatland disturbance, CCW believes that the development will result in a significant net reduction in atmospheric carbon emissions over the life of the development.

In moving forward, the Peat Impact Minimisation Protocol (PIMP) should employ the SGCC methodology to guide the micro-siting process. In doing so, site survey data and new published emissions factors deemed relevant to the site should be incorporated into the SGCC as appropriate. The carbon calculations (CC) for micro-siting will be heavily dependant on peat depth surveys and the proposed PIMP protocol needs to be agreed for the proper execution of these surveys. CCW urges that the SGCC is used interactively and the lowest net carbon impact location should be selected wherever practicable. However, in taking this forward, it will also be necessary to ensure that visual impacts are not detrimentally assessed. This is covered in the proposal conditions.

CCW welcomes the Craig-y-Llyn mitigation measures as outlined in section 18 of the SEI and are now satisfied that the impact on the SSSI will be adequately mitigated provided the procedures outlined in the SEI are adhered to.

With regards to the impact of the proposal on European Protected Species, CCW welcomes the developers monitoring surveys with regard to Great Crested Newt (GCN) as outlined in the SEI (Section 8.12) and are satisfied that the impact of the scheme on GCN will now be adequately avoided. However, if more than two years should elapse before construction commences, then pre-construction checks should be undertaken. This can be adequately addressed by a suitably worded condition.

All bat species are protected under the Conservation of Habitats and Species Regulations 2010, and the Wildlife and Countryside Act (as amended). The SEI (para 8.11.13 and table 8.18) states that the species most frequently encountered on site were common pipistrelles, which are classified by Natural England as a medium risk species, but the SEI (para 8.11.13) also recognises that the impacts of wind turbines on UK bat populations is unknown.

CCW strongly recommends undertaking post-construction bat monitoring in years 1, 2, 3, 5, and 10 of the operational life of the wind farm. The

PLANDEV-110111-REP-EN-GW Page 84 of 204 monitoring should include activity surveys that are compatible and comparative with the methodology used for the baseline surveys. Monitoring for casualty surveys should also be undertaken. Details of the survey methodology and monitoring should be agreed with CCW and follow the latest best practice guidance. The results of the monitoring would be reviewed and if there are found to be no adverse impacts after the first two years of monitoring, consideration would be given to reducing the frequency of future monitoring. This monitoring work can be addressed by a condition attached to any permission.

The application site supports breeding nightjar, a species of high conservation value as demonstrated by its inclusion as:

• A priority UK BAP species

• A LBAP species for NPT

• A species of principle importance for the conservation of biological diversity in Wales under S.42 of the NERC Act 2006

The applicant has committed to additional surveying in the ES and CCW endorses the mitigation and post-construction monitoring proposals as outlined in the SEI (Section 8.10 & 20.1.4). While CCW accepts that there are unlikely to be significant impacts on the local nightjar population at this site, there remains a low risk of collision, and an unquantifiable possible impact of noise disturbance on churring males. The weight of circumstantial evidence presented in the SEI (Section 8.10.30) suggests there probably won't be an impact from noise disturbance, but lack of published evidence for any such effect does not equate to an actual absence of effect. Notwithstanding the possibility of there being an unproven impact of noise disturbance, CCW does welcome the developer's commitment to a habitat management plan which will seek to encourage suitable nightjar habitat away from the turbines and, if possible, to make habitat in the vicinity of the turbines unsuitable.

CCW believe that the proposed habitat management offers suitable mitigation for any possible impacts. CCW also emphasises the need to ensure adequate post-construction monitoring at least in years 1,2,3,5,10 and 15, to see how the local nightjar population responds to the presence of the wind turbines.

Of great significance and warmly welcomed in terms of peat impact reduction and habitat gain is a significantly, and in a Welsh context,

PLANDEV-110111-REP-EN-GW Page 85 of 204 unprecedented scaled up proposal for habitat restoration and management th as outlined in section 20 of the SEI, and in a letter dated the 14 of October 2010, where the applicant has stated that they are fully committed to providing active habitat management with the primary aim of restoring of 539 ha to peat bog habitat. The developer has undertaken a significant commitment to restore 1500ha of clear fell area back towards active bog restoration, wet and dry heath, marshy grassland and native woodland. CCW welcomes the commitment by the applicant to restoring fully the minimum deep bog restoration area (539 ha). The increase of the restoration proposal from 327ha to 1500ha and the commitment to £3 million funding to secure the management of the Habitat Management Area. However, this would need to be secured through a S106 agreement and appropriate conditions. A draft indicative Habitat Management Plan (HMP) has been circulated which includes a plan outlining the total area available for habitat management with a specific emphasis on peat restoration. The intention is to have 377ha peat habitat available for restoration at the time of construction which will be undertaken as part of the construction phase of the project and a further 97 ha available for restoration potentially as early as 2016. CCW considers that restoration work should be undertaken as early as possible in the life of the HMP so as to ensure that the benefits are accrued over the longest timescale possible.

In respect of the draft Habitat Management Plan the Authority’s Ecologist recommends that the following requirements are also included:

1. A commitment to grazing where this is identified as the most appropriate management technique.

2. Details on how conifer regeneration will be controlled.

3. Map of the Honey Buzzard habitat creation area.

4. Avoidance of mulching of removed vegetation where this would impede the natural vegetation regeneration.

5. Further detail on monitoring methods and schedules. The use of photography and fixed quadrants may aid the recording of habitat change.

These parts can be covered by conditions.

PLANDEV-110111-REP-EN-GW Page 86 of 204 A number of biological records have been collated by the applicant to inform the EIA and SEI. To facilitate the provision of information and to inform further development in this area it is suggested that a suitably worded condition is added to any consent to ensure that these records and any subsequent monitoring records are made available to the Local Records Centre.

In conclusion, it is considered that the original ES and the subsequent SEI demonstrates that the proposal will not have a significant impact on ecological interests to warrant an objection to this proposal. Therefore, subject to the imposition of the suggested conditions and the signing of a Section 106 Agreement appropriate mitigation measures and positive habitat management will outweigh any negative ecological effects of the proposal.

Health and Safety Assessment

To further reduce possible health and safety risks, a Health and Safety Plan for the project would be drawn up. To ensure that hazards are appropriately managed, risk assessments will be undertaken for all major construction activities relating to the grid connection, with measures put in place to manage any hazards identified. No access by members of the public would be given to the construction compound, turbines, transformers or control buildings during site operation. Warning signs would be placed on the turbines, transformer housing and control buildings. Appropriate signs would be placed at Public Rights of Way entry points to the site to inform members of the public of any potential hazards as they traverse the wind farm site. Rights of Way do indeed pass within 145m of turbine Numbers 6, 7, 10, 21 and 31. However a condition can be imposed to secure the submission of an operational plan for the wind farm, which will cover management issues including health and safety associated with the operation of the turbines over the lifetime of the wind farm. Given that the impacts may change over time for example to take account of the forestry felling plan, such a strategy will be more robust and will allow for a greater range of initiatives to deal with Health and Safety rather than restricting the development to individual micro-siting of turbines away from these PRoW. Such a plan can also react to poor weather conditions and thus deal with problems associated with ice throw.

Others (including objections):

In respect of the objections raised by local residents Dr Brian Gibbons

PLANDEV-110111-REP-EN-GW Page 87 of 204 AM, Dr Hywel Francis MP and Glynneath Town Council it is considered that the concerns relating to planning policy, visual amenity, noise and disturbance, stability, ecology and traffic implications, cumulative impact, impact on tourism and socio economic, impact on health, safety, archaeology, water supply and energy production have been addressed in the report.

In respect of other matters raised:  As well as being available on the authorities website, the intranet within Neath Civic Centre and One Stop Shop, a copy of the application was also deposited at Neath, Glynneath, Cymmer Afan and Port Talbot libraries. Following concerns expressed by local residents a further copy of the application was placed in the Noddfa Community Centre, Glyncorrwg. The same arrangements applied to the Supplementary Environmental Information. It is considered that the application was satisfactorily made available to members of the public to view the documents within the consultation period given. The request for an extension of the consultation period has been met;  It was acknowledged that the consultation period extended over the Christmas and New Year holidays it is standard procedure to extend the specified 21 day period to accommodate this. Any representations associated with applications can be submitted up until the application is determined, however to ensure that such representations are given due consideration third parties are encouraged to submit their representations within the statutory period;  In respect of community benefits, TAN 8 states that it is perfectly acceptable for businesses to enter into a legally binding agreement to provide benefits to the community, however this offer should not influence the decision of this planning application;  In respect of the concern regarding the safety of bikers, walkers and bird watchers, this is a health and safety issue which has been addressed earlier in this report;  There is no justifiable evidence that the wind farm would devalue property, in any event this is not a material planning consideration;  Television services are broadcast from a number of transmitters. The ES identifies that there will be low impact on these systems but the developer undertakes to mitigate

PLANDEV-110111-REP-EN-GW Page 88 of 204 any impacts that do arise. This can be controlled by condition;  Mid Wales and West Fire Service have been consulted on the application and raised no objection;  During construction and decommissioning, health and safety requirements will make it necessary to manage paths PRoW and other permissive routes where these trails come close to infrastructure. The applicant may request temporary closure orders in consultation with local authorities and providing temporary alternative routes where possible. Notices would be posted in publicly available areas and the routes will be demarcated with warning signs to discourage persons from entering the construction area. During the operation of the wind farm, no restrictions would be placed on the movement of walkers, cyclists and horseback riders using the existing rights of way across the whole site;  In respect of ice throw, the applicant has confirmed that strict operational protocols would be established for personnel and operational staff during rare icing events to prevent worker injury and to protect the public. However, modern turbines and climatic detection systems together with good management procedures including the use of visual warning signs, will mitigate and manage the potential risk;  Government Policy considers wind energy to have the greatest potential in the short/medium terms to provide renewable energy;  At the expiry of the consent or the end of the wind farm’s useful life, it is proposed that the turbines, transformers and on site substation would be removed. The upper sections of the turbine foundations, to a depth of at least 1m, would be removed and backfilled with appropriate material. Therefore, in the event that planning permission was granted, a condition could be imposed requiring the submission of a decommissioning statement requiring the land to be re-instated once the turbines have been de- commissioned;  The request for a Public Inquiry is noted. This would occur should either this authority or Rhondda Cynon Taff County Borough Council object to the application and those objections could not be addressed by the imposition of a

PLANDEV-110111-REP-EN-GW Page 89 of 204 condition;  With regards to concerns raised in respect of Turbine 19, members are advised that the applicant proposes through the signing of a Unilateral Undertaking to remove this turbine from the scheme;  In respect of the future integrity of the water supply serving Nant yr Allor Farm in relation to the proposed siting of Turbines 61and 62 the applicant has confirmed that following further hydrological work Turbine 61 can be sited outside the water catchment area and Turbine 62 does not affect the integrity of the water supply. This issue can be addressed by a suitably worded conditions which would be attached to any consent relating to micro siting and environmental monitoring of watercourses;  The request for a site meeting to consider the impact of Turbine 61 is a matter for Members to decide.

Within regard to the detailed concerns raised in respect of the Landscape and Visual Assessment in relation to Glyncorrwg and the surrounding area the following comments are made:

 The SNH 2006 document supersedes it in respect of the technical aspects of visibility maps, viewpoints and visualisations which are the main points of contention;  With regards to the claim that the height of the photomontages should be 200mm not 140mm, the depth of the LVIA images are 140mm with a viewing distance of 35cm (which is stated in each photomontage). SNH2006 states that the 200mm depth is recommended but 130mm (with 300mm viewing distance) is considered acceptable. The LVIA therefore works within these parameters. Whilst it is appreciated that larger images are helpful and give a more accurate impression of size in a desk study it is considered that using the photomontages while visiting the viewpoint locations gives an adequate impression of the expected effect. All of the viewpoints have been assessed on site having regard to the submitted photomontages and wireframes. It is assumed that the assessor will have carried out this exercise and fed this into the conclusions of magnitude of effect and significance in the ES;  With regards to the number of viewpoints undertaken, four have been provided in and around the settlement of

PLANDEV-110111-REP-EN-GW Page 90 of 204 Glyncorrwg which is considered appropriate. In the context of the SNH 2006 stating that between 10 and 25 viewpoints are common in wind farm LVIAs the developer here has provided 77 visualisations in all including over 40 photomontages with the rest in wireframes in negotiation with both this local authority, RCT and CCW. This is not unreasonable and reflects the size and complexity of the proposals although it is acknowledged that more viewpoints are always helpful;  With regards to the appropriateness of the viewpoints, the 4 taken appear to cover a range of situations in and around the settlement with Viewpoint 66 acting as a proxy for the Mountain Bike Centre;  The viewpoints appear reasonable reflecting the character of the area without undue distortion. Therefore, it is considered that the concern over the lack of scaleable objects is not uncommon within a coalfield plateau;  It is acknowledged that some images have been affected by the weather, however none are considered to significantly affect Glyncorrwg views  In respect of the development not viewed in context, the width of the images do allow context to be seen;  Portrait orientation is not considered necessary for this assessment;  The applicant has provided further information in respect of the location of the viewpoints;  Visualisations state angle of view although in small print, this issue does not materially affect the assessment of the viewpoints;  The most important viewpoints are covered by photomontages. Wireframes are useful indicators of effects;  The 50m DTM resolution is inadequate. Theoretically this criticism is correct as 10m DTM resolution is ideal and recommended by DNH 2006. The 20m resolution within 15km appears reasonable for ZTVs and wireframes. In fact, this and the 50m resolution beyond 15km are likely to increase the apparent areas of visibility within the ZTV as they would, for example, tend to round off the breaks in the slope where the plateau meets the valley sides. This would result in the worst case scenario as recommended by SNH 2006. The wireframes can be seen in the context of photos so any simplification of landform would have a minor

PLANDEV-110111-REP-EN-GW Page 91 of 204 effect. The incised plateau landforms are generally simple;  Curvature of the earth and atmospheric refraction tend to reduce the amount of an object visible over distance SNH 2006, thereby potentially reducing effects. Without these, the effect of the development may be greater so this criticism is not one of the LVIA minimising effects but of process. This is irrelevant to effects on Glyncorrwg due to its short distances;  It is acknowledged that the wireframes did have a lack of numbering, this information has been provided;  As views can only be taken from publicly accessible viewpoints so the LVIA is correct within these standard parameters;  Whilst the proposal does exceed some criteria within the RCT development control report these are not absolute, just indicative of effects to inform the decision making process;  Removal of turbines 19 and 20 reduces visibility from eastern parts of the settlement and means that development is perceived on two sides rather than three;  There is no evidence to suggest that parts of the settlement are surrounded by 180˚ of visible turbines. Turbines to the west and south west are hidden by landform. Viewpoint 22 is expected to be the worst case (141˚). This would be reduced further by the removal of turbines 19 and 20;  The development is highly prominent from the approaches to the settlement and from higher slopes, especially to the west (viewpoint 22). It is on the cusp of being dominated by development but the removal of the closest turbines 19 and 20 significantly reduce this effect;  Although it may be the case that the distance of visibility of moving blades has been underestimated, atmospheric interference at distance tends to reduce effects;

Conclusion: This is an application to be determined under Section 36 of the Electricity Act 1989, as such the ultimate decision for this application lies with the Secretary of State for Energy and Climate Change (DECC). The Local Planning Authority is a consultee within this process and it is for the Local Planning Authority to determine whether it wishes to raise any objections to the application to DECC.

PLANDEV-110111-REP-EN-GW Page 92 of 204 This is a complex application which has been assessed against national and local development plan policies. Government policies advocate the provision of wind farms to achieve their targets for renewable energy provision, which is an important component of the UK’s energy policy. TAN 8 seeks to achieve this by giving guidance on the locations and targets for specific areas. Moreover, the proposal in so far as the County Borough is concerned lies within the refined SSA area as set out in the Council’s Interim Planning Guidance for Wind Farms. The context provided by TAN 8 is that within and close to the SSA’s, the implicit objective is to accept landscape change and change in landscape character from wind turbine development.

The impacts of the development in terms of ecology, noise, shadow flicker, transportation and recreation and tourism have all concluded either that there is no significant effect or that the effects can be mitigated through the s106 Agreement or conditions. In terms of the visual impact, overall the impacts having regard to TAN 8 and the Interim Planning Guidance are not considered to be such that consent should be objected to. The proposal has generated significant level of public concern and has also given rise to some level of support. PPW Paragraph 3.1.8 states that while the substance of local views must be considered, the duty is to decide each case on its planning merits. As a general principle, local opposition or support for a proposal is not, on its own a reasonable ground for refusing or granting planning permission. It goes on to say it is for the local planning authority to decide whether, upon the facts of the particular case, the perceived fears are of such limited weight that a refusal of planning permission on those grounds would be unreasonable. Having assessed the proposal within the context and criteria of the relevant national and local policies. It is considered that a refusal of planning permission on the grounds of objection received would be unreasonable. Taking into consideration all the evidence and assessment undertaken, it is concluded that the proposal is environmentally acceptable subject to conditions and a Legal Agreement. All potentially negative aspects of the proposed development have been considered. It is considered that these carry insufficient weight, either individually or collectively to outweigh the acceptability of the proposal. All environmental information submitted within the ES and the Supplementary Environmental information along with the comments of

PLANDEV-110111-REP-EN-GW Page 93 of 204 statutory consultees on the information supplied, and the comments, observations and representations provided by members of the public have been taken into consideration in this recommendation. In addition, all the relevant European directives, legislation and regulations have been taken into account. Financial Contributions A financial contribution totalling £6,000 per installed MW, with an expected range of between £1 million and £1.66 million per annum (dependent on the turbine model used) has been offered by the applicants as a means of improving the training and employment prospects for local residents and to stimulate the local economy. This is to be delivered through the contract between Nuon and WAG as landowner. Members should note however, that the community benefit is not put forward as mitigation and should not be taken into account in the consideration of this application.

Recommendation: It is recommended that the Secretary of State be advised that Neath Port Talbot County Borough Council raises no objection to the proposal for the wind farm subject to the following conditions and the signing of a legal agreement under Section 106 of the Town and Country Planning Act 1990 in respect of the developer contributions under the following Heads of Terms

1. A contribution of £3 million to secure the management of the Habitat Management Area;

2. A clause following the decommissioning of the windfarm and the subsequent end of the HMP implementation that future managers/landowners of the land are not able to undertake any works on the site that could result in damage to the Habitat Restoration Area or go against the principles of the HMP as approved. Thereby, ensuring that the time and money spent on restoring habitat at the site is not reversed in subsequent years;

3. Details and resources for the off-site Honey Buzzard habitat creation area;

4. Details and Commitment to the Peat Impact Minimisation Protocol;

PLANDEV-110111-REP-EN-GW Page 94 of 204 5. Restoration bond of £25,000 per installed MW

6. A contribution of £350,000 for a black graded cycle route to be provided by the Forestry Commission within the Afan Valley together with maintenance and the funding of marketing activities associated with this bike trail.

7. Payment for the funding of a Peat Protocol Officer for a period of 3 years of the construction and operational phases of the development and CCW’s expert input to the PIMP committee.

8. The payment of £6000 per installed MW into a community fund payable upon the first generation of electricity to the Grid for each turbine and annually for 25 years.

9. The setting up of the community fund administration and governance prior to the first generation of electricity.

CONDITIONS;

(1)The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

Reason

To comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

(2)Prior to the commencement of development, a Construction Method Statement, describing the works to be undertaken and pollution prevention measures to be implemented during the construction phase, shall be submitted in writing and approved by the Local Planning Authorities or relevant authority. Development shall be implemented in accordance with the approved Statement. The Statement shall provide for: a) Details of the excavation of borrow pits; turbine bases and cabling trenches.

PLANDEV-110111-REP-EN-GW Page 95 of 204 b)The management and disposal of contaminated soils including provision for the management of any further contaminated soils which may be identified during the construction process. c)The restoration of the borrow pits and materials to be used. (Only clean, uncontaminated rock, soil, subsoil, brick rubble, crushed concrete and ceramic shall be permitted). d)All fuel, oil concrete and chemical storage facilities. All such storage facilities should be sited on a impervious base away from any watercourses or water features. e)Details on the design and construction methods of the access tracks and pollution measures to be implemented to ensure there are no polluting discharges from tracks and disturbed areas including provision to ensure no polluting discharge from haul roads and disturbed areas enter any watercourse. f)Details of the nature, type and quantity of materials to be imported on site for backfilling operations (if insufficient material on site) or construction of access tracks. g)The management of ground and surface water (including any private water supplies). h)The management of foul water. i)The construction period and the sequence of development. j)The construction of on site access tracks, wind turbine foundations and the erection of wind turbines and all other development to be carried out under this consent. k)All appropriate mitigation measures to protect wildlife, habitats and hydrology. l)The details of any soil and peat handling, storage and spreading. m)The management of dust and waste arising from construction. n)The precise location of new access tracks within the site. o)Details of surface water drainage arrangement to be installed to intercept and treat contaminated surface water run-off. p)Details on any wheel washing facilities and water disposal.

PLANDEV-110111-REP-EN-GW Page 96 of 204 q)Details of any proposed culverts and any improvements to existing culverts and proposed culvets on watercourses within the site area.

Reason

To prevent pollution of the water environment and in the interest of protecting the visual and physical amenity of the area.

(3) If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the relevant Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.

Reason

Due to the location of the proposed site and the historical use of the land it is essential that any unsuspected contaminates are dealt with appropriately. The site is located on an aquifer that is used for potable supply. Any degradation of groundwater must be prevented during construction as well as during operation.

(4) A Construction Statement shall be submitted to and agreed in writing with the Local Planning Authorities . The Statement shall incorporate identified geological and mining constraints, and measures to be employed to either avoid any identified constraints by way of detailed siting of the wind farm facilities, or appropriate site investigation, risk assessment and any necessary engineering mitigation measures deemed necessary. Development shall be implemented in accordance with the approved statement.

Reason

In the interest of protecting the integrity of wind turbine construction and the local environment.

(5)No development shall take place until a Habitat Reinstatement Plan has been submitted to the Local Planning Authorities and approved in writing. The plan shall apply to reinstatement of disturbed land during construction.

The Habitat Reinstatement Plan shall include: -

PLANDEV-110111-REP-EN-GW Page 97 of 204 a) Detailed methods of reinstate disturbed ground so as to minimise disruption to the various vegetation types affected. Disturbed ground shall include land at turbine bases, crane hard standings, access tracks, borrow pits, and the construction compound. b) Detailed methods for the maintenance and support of the reinstated areas for a period of 5 years after the works of reinstatement have been carried out.

The works of reinstatement, maintenance and support detailed in the plan shall be carried out in accord with the approved details.

Reason

To protect the water environment.

(6)No development shall take place until a scheme for ecological enhancement and compensation, to be called the Habitat Management and Enhancement Scheme, has been submitted to, approved in writing by the Local Planning Authorities and the scheme shall remain in place until the wind turbines have been decommissioned and the land restored in accordance with the approved scheme.

Reason

To protect the water environment.

(7) Any conifer felling adjacent to existing ponds, bog pools and watercourses, shall be undertaken by bench-felling small pockets of conifers to provide protected clearings that will scrub over with brambles.

Reason

To protect and provide a suitable habitat for breeding otters.

(8)Details of any conifer restocking that is proposed post-construction, shall be submitted to and agreed in writing by the Local Planning Authority.

Reason

To protect the local environment.

(9)The development hereby permitted shall not commence until such time as a scheme for the environmental monitoring of local watercourses has

PLANDEV-110111-REP-EN-GW Page 98 of 204 been submitted to and approved in writing by, the Local Planning Authorities.

Any such scheme shall be supported, by information such as the method and frequency of monitoring and the contingency plans to be implemented should any pollution/derogation be noted.

The scheme shall be fully implemented and maintained as agreed.

Reason

To prevent pollution of the water. Protection of the water environment is a material planning consideration and development proposals should ensure the development does not cause any detriment to water quality.

(10) Unless otherwise agreed in writing by the Local Planning Authority, after the expiry of 25 years from the date of the commission of each of the turbines, or upon cessation of energy production of a period of 12 months, whichever is the sooner, that turbine and associated infrastructure shall be removed from the site and land reinstated in accordance with a scheme to be first submitted to and approved by the Local Planning Authority.

Reason

In the interests of visual amenity and safety.

(11) No turbines shall be erected/constructed on site, until the colour and finish of the turbines and blades have been agreed in writing by the local planning authority.Development shall be carried out in accordance with the approved details.

Reason

In the interests of visual amenity.

(12) No part of the development shall display any name, logo sign or advertisement or means of illumination without the prior written approval of the local planning authorities.

Reason

In the interests of highway safety and amenity.

(13) Prior to the commencement of the construction of any turbine, a scheme shall be submitted to and approved by the local planning

PLANDEV-110111-REP-EN-GW Page 99 of 204 authority to alleviate any interference with electromagnetic signals. The scheme shall detail mitigation measures should interference occur, which is attributable to the development, and implemented as approved.

Reason:

To mitigate any electromagnetic interference.

(14) The noise emitted from any of the turbines shall not exceed the levels recommended in Guidance issued by the BERR Reference ETSU- R-97 at any residential property.

Reason

In the interests of residential amenity.

(15) In relation to the properties for which no background noise level measurements have been made, background noise level means the level measured at the property which is (by agreement with the Local Planning Authority) most likely to experience background noise levels similar to those experienced at the property in question.

Reason:

In the interests of residential amenity

(16) At the request of either of the Local Planning Authorities following a complaint to it the developer shall measure the level of noise emissions resulting from the operation of the wind farm in accordance with the methods recommended in Section 2.0 of BERR ETSU-R-07. Wind speed shall be measured on the wind farm site and referenced to a height of 10 metres. Where it is necessary to convert between measured wind speeds and the wind speed at 10 metres height this conversion shall be undertaken using methodology approved by the Local Planning Authority.

Reason:

In the interests if residential amenity.

(17) Prior to the commencement of development and any site clearance works an Ecological Steering Group (ESG) shall be set up comprising representatives of Neath Port Talbot and Rhondda Cynon Taff Local Planning Authorities, the Countryside Council of Wales, Environment Agency Wales, Forestry Comission Wales, Royal Society for the Protection of Birds and any other body as the ESG shall consider

PLANDEV-110111-REP-EN-GW Page 100 of 204 necessary. Each member shall have one vote on each issue, except the chair who has a second or casting vote. A representative of the company may attend any meeting but shall not be a member or have any voting at the meetings. The Steering Group shall be consulted on the scope and methodologies of the pre-construction surveys, Habitat Management Plan (HMP), Construction Ecological Management Plan (CEMP1), Construction Ecological Mitigation Plan (CEMP 2) and Post Construction Ecological Monitoring Schedule (PCEMS).The steering group shall approve any revisions to the HMP and shall oversee its implementation.

Reason

In the interests of nature conservation

(18) Prior to the material commencement of the development, a Strategic Habitat Management Plan (HMP) covering the whole consented area shall be submitted to the local planning authorities. The strategic plan shall make provision for the subsequent phased submission of detailed phased specific habitat management plans, which shall relate to the phased construction programme required by condition 27. Construction of any phase of the windfarm shall not commence until the related phase has been agreed in writing with the Local Planning Authorities in consultation with Countryside Council for Wales and Environment Agency Wales. The provisions of the HMP shall be carried out as approved.

The HMP shall include but not limited to proposals for: a) Objectives for the management and restoration of the the natural habitat; b) Best practice methods for the management and restoration of the natural habitat of the site. c) Habitat management areas defined by a map or maps. d) The restoration and maintenance of the natural hydrological regime of peat bodies, their carbon storage and sequestration potential. e) The restoration and maintenance of blanket bog, wet and dry heath and marshy grassland or other suitable natural habitat as appropriate to soil conditions, hydrology and topography, with bog being the objective for deep peat.

PLANDEV-110111-REP-EN-GW Page 101 of 204 f) The restoration of native woodland where appropriate with a recommended emphasis on mineral and organic soils on steeper slopes. g) The management of stream corridors for nature conservation potential, h) The management of habitat for nightjar and honey buzzard prioritising feeding and breeding habitat away from turbines where this does not compromise the objectives for peat and bog. i) The improvement of the biodiversity potential of the site by maintaining and improving wider habitats and ecological functionality, with an emphasis on supporting habitats for appropriate statutory protected species. j) Appropriate habitat management regimes, including grazing. k) Provisions for its monitoring, review and revisions to the HMP where monitoring identifies that the objectives of the HMP as set out in para 20.1.4 of the Supplementary Environmental Information submission dated August 2010 are not being achieved. l) provision for feeding habitat for honey buzzards. m) a commitment to grazing where this is identified as the most appropriate management technique. n) map of honey buzzard habitat creation area. o) details of how conifer regeneration will be controlled. p) avoidance of mulching of removed vegetation where this would impede the natural regeneration. q) further detail on monitoring methods and schedules. The use of photography and fixed quadrants may aid recording of habitat change.

The approved HMP, and any subsequent revisions that are agreed, shall be implemented for a period commencing from the connection date, and ending 25 years later, or when the turbines are decommissioned, whichever is earlier.

Reasons:

1. In the interests of nature conservation 2. To protect and promote the function of peat as a carbon store

PLANDEV-110111-REP-EN-GW Page 102 of 204 (19) Prior to the commencement of development and prior to any site clearance works, a Peat Impact Minimisation Protocol (PIMP) shall be submitted to the Local Planning Authorities, which shall be agreed in writing by the Local Planning Authorities, and implemented as approved.

The PIMP shall:

(a) Be governed by the principles, aims and objectives set out in section 19.2 of the Supplementary Environmental Information dated August 2010,

(b) Set out proposals for the detailed post felling surveys, the assessment of the information collected by those surveys, and the formulation of related recommendations as set out in para 19.2.4 of the Supplementary Environmental Information and c) Provide for a committee set up in accordance with para 19.1.8 of the Supplementary Environmental Information to consider the survey information and make recommendations concerning the management of peat.

The recommendations of the committee shall be taken into account by the developer in determining the micrositing of turbines and associated infrastructure.

No turbine shall be erected prior to consideration of the peat survey data relevant to that turbine by the PIMP Committee.

Reason:

To protect the function of peat as a carbon store by minimising the local impacts of the development on peat.

(20) No turbine, crane hardstanding, access track or met mast shall be erected except: a) in the positions indicated on Figure 4.1 and Table 4.1 of the Environmental Statement which accompanied the application, or b) in a position less than 50m, if it is demonstrated to the written satisfaction of the Local Planning Authorities that this would reduce or not materially change the environmental and visual impacts of the proposal from the relevant position indicated in Fig.4.1 and Table 4.1, c) in a position of between 50m, and 100m (inclusive) from the relevant position indicated in Fig.4.1 and Table 4.1, if it is demonstrated to the

PLANDEV-110111-REP-EN-GW Page 103 of 204 written satisfaction of the Local Planning Authorities that this would reduce or not materially change environmental and visual impacts, of the proposal and in accordance with the recommendations of the PIMP committee and only following the written approval of the relevant Local Planning Authority.

Reason

For the avoidance of doubt, to permit adjustment to enable safe construction in the light of any engineering constraints discovered through detailed site investigation, and to minimise the impacts on peat and peatland habitats.

(21) No construction shall take place on any part of the site until a Construction Method Statement (CMS) has been submitted to and approved in writing by the relevant Local Planning Authority.

The CMS shall be implemented in accordance with the approved CMS unless otherwise agreed in writing with the local authorities.

The CMS shall apply the best practicable methods to the mitigation, control and remediation of environmental impact during the construction of the development, and shall address the following planning requirements: a) detailed contractor arrangements, monitoring and contingency proposals, including a pollution prevention plan, and the identification of an ecological clerk of works. b) management arrangements setting out how the developer, contractors and regulators will work together to ensure that the provisions of the CMS are carried out. c) a site construction environmental management plan (CEMP1) based on up to date ecological and hydrological surveys undertaken post felling and include monitoring under the Construction Ecological Monitoring Plan prior ecological and hydrological investigation that provides for the use of best practice working methods, and for a monitoring scheme to ensure that construction works avoid damage to the environment and that any necessary licences have been obtained. d) a scheme for the protection of water courses, drainage systems, wetlands and the water environment from impact from the development, including:

PLANDEV-110111-REP-EN-GW Page 104 of 204 1. measures to prevent pollution and methods for the containment of spillages, and

2.detailed measures for stream crossings to allow surface water flows to pass beneath or through tracks, and to prevent any polluting discharge from haul roads from entering the water environment. e) measures to control the emission of dust during construction. f) a scheme for wheel washing of construction traffic leaving the site, and for the wash out of concrete delivery vehicles in order to ensure that no contaminants enter the water environment. g) measures to be taken to protect the rights, interests and safety of users of public rights of way crossing the site, and open access land within the site during the construction of the development. h) proposals for the demarcation and protection of Sites of Special Scientific Interest, Biodiversity Action Plan and Local Biodiversity Action Plan habitats and Scheduled Ancient Monuments within or adjoining the site. i) measures for the management and disposal of contaminated soils j) measures for the storage of all fuels, oils, cement, concrete and chemicals on impervious bases away from watercourses or water features k) details, including the volume and source, of any material to be imported to site for backfilling trenches, or constructing access tracks l) proposals for the management of foul water m) Details of track design and construction, including the excavation and make up of internal access roads and hard standings, including measures to address silt-laden run off from any working, temporary and permanent access roads, soil storage and other engineering operations. n) Detailed measures to minimise disturbance to and the impacts on breeding birds. o) Details of all handling, storage and re-use on site of soil and peat , including details of receptor areas and methods of translocation where it is proposed to translocate peat from the site.

PLANDEV-110111-REP-EN-GW Page 105 of 204 p)Proposals for cable laying within the site including detailed design of trenches and any mitigation measures to avoid impacts and drainage on peatland habitats. q) Details of proposed opening, working and re-instatement of on-site borrow pits. r) any other details which are not specified above but are identified in Section 4.12.1 of volume 1 of the Environmental Statement.

Reason:

To prevent pollution of the water environment, and to avoid damage to the natural environment.

(22) Prior to the commencement of the development a scheme shall be submitted to and approved in writing by the local planning authorities for the appointment of an Ecological Clerk of Works (ECW). The ECW shall be responsible for the implementation of the Ecological Management and Monitoring Plan as approved under Conditions 19, 24 and 25 . The scheme shall be implemented in accordance with the approved details.

Reason:

To ensure the adequate management of ecological proposals associated with the development.

(23) Prior to the commencement of development a scheme shall be submitted to and approved in writing by the local planning authority for a Construction Ecological Monitoring Plan. The Construction Ecological Monitoring Plan shall include details of impacts on Site of Special Scientic Interest, protected species (including Bats, Great Crested Newts, honey buzzard, nightjar, goshawk, reptiles), peat and any UK, or Local Bap habitats.

The scheme shall be implemented in accordance with the approved details.

Reason

To ensure adequate monitoring and management of the site for nature conservation purposes.

(24) Prior to the commencement of development a scheme shall be submitted to and approved in writing by the local planning authorities for a Post Construction Ecological and Monitoring Plan (PECMP). The

PLANDEV-110111-REP-EN-GW Page 106 of 204 PECMP shall include methods, schedule monitoring of birds, bats and habitat mitigation/restoration of disturbed land within the site but outside the Habitat Management Plan area i.e land at turbine bases, crane hard standings, access tracks, borrow pits and construction compound. If monitoring of disturbed land reveals that restoration is not successful, measures to revise the management of such shall be provided. The scheme shall be implemented in accordance with the approved details.

Reason

To ensure adequate monitoring and management of the site for nature conservation purposes.

(25) Prior to the commencement of development a scheme shall be submitted to and approved in writing by the local planning authorities for a Post Construction Ecological Restoration Schedule (PCERS). The PCERS shall include details of the restoration of disturbed land within the site but outside the Habitat Management Plan area i.e land around turbine bases, crane hard standings, access tracks, borrow pits and construction compound. The scheme shall be implemented in accordance with the approved details.

Reason

In the interests of biodiversity.

(26) Prior to the commencement of development a detailed phased construction programme shall be submitted to and approved in writing by the local planning authorities. The plan shall be implemented in accordance with the approved details.

Reason

To ensure satisfactory phasing of the development.

(27) Not less then 12 months prior to the decommissioning of the site a decommissioning and site restoration scheme shall be submitted to and approved in writing by the local planning authorities. The scheme shall include details of monitoring arrangements for restored areas. The scheme shall be implemented in accordance with the approved details.

Reason

In the interests of biodiversity.

PLANDEV-110111-REP-EN-GW Page 107 of 204 (28) No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has submitted by the applicant and approved in writing by the local planning authority.

Reason

To identify and record any features of archaeological interest discovered during the works, in order to mitigate the impact of the works on the archaeological resource.

(29) Prior to any felling of trees or other vegetation clearance for the development a scheme detailing the phasing, timings and methods of surveys for all relevant protected species, with specific attention being given to the following: raptors (including Honey Buzzard and Goshawk), Nightjar, Breeding Birds, Bats, Badgers, Crossbills, Otter, Reptiles, shall be submitted to and approved in writing by the Local Planning Authorities. All reports detailing the results of the surveys should be submitted to the Authorities for information. If any protected species are discovered during these surveys CCW should be contacted immediately and mitigation, and where necessary licensing arrangements, shall be agreed and implemented.

Reason:

In the interests of nature conservation.

(30) Where any species listed under Schedules 2 or 5 of the Conservation of Habitats and Species Regulations 2010 is present on the site in respect of which this permission is hereby granted, no works of site clearance, demolition or construction shall take place in pursuance of this permission unless a licence to disturb any such species has been granted in accordance with the aforementioned Regulations and a copy thereof has been produced to the local planning authority.

Reason:

In the interests of nature conservation.

(31) Prior to any vegetation clearance works in open areas on the site, including rides, a reptile survey shall be submitted to and approved in writing by the Local Planning Authorities for approval and should include details of a capture and release programme if reptiles are discovered. This should include the identification of a suitable receptor site and any

PLANDEV-110111-REP-EN-GW Page 108 of 204 fencing works needed. The capture and release programme should then be implemented prior to vegetation clearance.

Reason:

In the interests of nature conservation.

(32) Following each phase of tree felling, habitat and species surveys shall be carried out. The subsequent reports should be submitted to the Local Planning Authorities for written approval and the information shall be used to inform the Habitat Management Plan, Construction Ecological Monitoring Plan, Post Construction Environmental Management Plan and the Post Construction Restoration Plan.

Reason:

In the interests of biodiversity.

(33) Prior to any development works on site, a scheme for the eradication of the Fallopia Japonica (Japanese Knotweed) , Himalayan Balsam or other invasive species shall be submitted to and approved in writing by the local Planning Authority. This scheme shall be implemented as approved.

Reason

In the interests of amenity, and to ensure that the treatment is carried out in accordance with recognised good practice.

(34) The required ecological monitoring reports shall be submitted to the local planning authorities, Countryside Council for Wales and Local Record Centres in years 1,2,3,5,10 and 15 following commissioning of the wind farm.

Reason:

To facilitate the provision of information and to inform further development in the area.

(35) No development shall take place until details of the design and finishing materials of the substation and associated areas have been submitted to and approved in writing with the relevant Local Planning Authorities. Development shall be carried out in accordance with the approved details.

PLANDEV-110111-REP-EN-GW Page 109 of 204 Reason:

In the interests of visual amenity.

(36) Prior to each relevant phase of development ,a monitoring scheme to assess water levels within peat on the site shall be submitted to and approved in writing by the local planning authorities and shall include: i. Pre construction monitoring of water levels; ii. Post construction monitoring of the same areas; iii. Mechanisms to mitigate any identified impacts.

The scheme shall be implemented as approved.

Reason:

To ensure satisfactory monitoring of water levels.

(37) Prior to the construction phase of the development a Traffic Management Plan to show proposals for transporting Abnormal Indivisible Loads(AIL’s) including proposed timescales and delivery schedules shall be submitted to and approved in writing by the Local Planning Authorities. The Plan shall be implemented as approved.

Reason:

In the interests of highway safety.

(38) Prior to the construction of any phase of the development, details of all street furniture affected by Abnormal Indivisible Loads ( AIL’s) and relocation or modification with removable items (signs, traffic signals, bollards etc) shall be submitted to and approved in writing by the Local Planning Authorities. The details as approved shall be implemented prior to the first delivery.

Reason:

In the interests of highway safety.

(39) Prior to the construction of any phase of the development, an assessment of the impact of Abnormal Indivisible Loads (AIL’s) on all structures along the route together with measures required for their improvement shall be submitted to and approved in writing by the Local Planning Authorities. The details as approved shall be implemented

PLANDEV-110111-REP-EN-GW Page 110 of 204 Reason:

In the interests of highway safety.

(40) Prior to the construction of any phase of the development a Traffic Management Plan shall be submitted to and approved in writing by the Local Planning Authorities. The Plan shall be implemented as approved.

Reason:

In the interests of highway safety.

(41) Prior to the commencement of development, an operational strategy covering the life time of the wind farm, shall be submitted to and agreed in writing with the Local Planning Authority. The strategy shall deal with health and safety during start up, maintenance, shut down and periods of inclement weather. Particular regard should be had to any turbines which are sited within 145 metres of a footpath and/or bike traill. The strategy should also take account of the forestry felling plan and should outline measures to ensure the safety of members of the public. The strategy shall be implemented as approved prior to the commencement of testing.

Reason:

In the interest of safety.

PLANDEV-110111-REP-EN-GW Page 111 of 204 2. PLANNING APPLICATIONS RECOMMENDED FOR APPROVAL

ITEM 2.1

APPLICATION NO: P/2010/811 DATE: 07/10/2010

PROPOSAL: 8 SEMI DETACHED DWELLINGHOUSES (OUTLINE)

LOCATION: LAND ADJACENT TO, NURSERY ROAD, GLYNCORRWG, PORT TALBOT SA13 3DR APPLICANT: Mr Leighton & Laurance Davies TYPE: Outline WARD: Glyncorrwg

BACKGROUND INFORMATION

Background

This application is reported to committee for determination as one of the applicants is an employee of this authority and contributes towards the Development Control process

Planning History

None

Publicity and Responses (if applicable):

The application was advertised on site and 24 neighbouring properties were consulted:11 letters of objection have been received, 3 of which are from the same person. These are summarised as follows:

1. Access to the site is through Nursery Road which is a narrow entry cul-de-sac, its use would cause disruption to residents. 2. There is existing on street parking congestion on Nursery Road, the proposal will lead to further parking resulting in access problems for emergency vehicles. 3. The impact upon drainage during construction given that the area is an ex colliery waste site. The existing drainage would have to be upgraded. 4. There is no need for additional housing in Glyncorrwg, there are

PLANDEV-110111-REP-EN-GW Page 112 of 204 currently 8 houses for sale which have been on the market for a considerable period of time. 5. Contrary to the statement within the planning application, the site was not originally allocated for housing. 6. There will be an increase in traffic by a minimum of 33% but up to 50%. The increased traffic will have an impact upon the safety of young children. 7. The application site is a green area which is habitat and breeding ground for wild life including hedgehogs and swallows. 8. Nursery Road is a very tight community which will change as a consequence of this development due to increased noise and traffic. 9. It is not known whether the houses will be owned or rented. 10. I do not object to the development if the houses are for sale, but strongly object if they are for rent on the grounds that other rented property in Glyncorrwg has deteriorated and have eventually been demolished. 11. We did not get the consultation letter until after seeing the site notice and after a Bank Holiday weekend. Due to lack of access to the internet there was a delay in viewing the plans. 12. During the construction phase, there will be a large increase in the number of vehicles including delivery lorries, heavy digging equipment etc using nursery Road causing further congestion together with noise and disruption. 13. There is no visitor parking for the development. 14. There are no details to show what the houses will look like, nor are then any details regarding window positions and as such it is not possible to establish potential overlooking. 15. The site was originally allocated for a nursery school hence the name of the street, but the land has always been used as public open space for local residents. 16. The application appears to be intended to increase the value of the land. 17. There is Japanese knotweed on the land which will be impossible to clear. 18. The site has a rats nest and the development of the site will result in an increased rat problem. 19. Residents have requested that the land be used for parking and residents would pay an annual fee for its use. This request was declined on the basis that the area was identified as a recreational area. 20. Noise generated during construction will impact upon existing residents.

PLANDEV-110111-REP-EN-GW Page 113 of 204 Amended plans were submitted and the application was re-advertised: 3 further letters of objection were submitted which are summarised as follows:

1. The only change relates to the footpath around the turning circle. This does not address our concerns which were raised in response to the original consultation. 2. I reiterate my original objections.

Head Of Engineering and Transport (Highways): No objection subject to conditions

Head Of Engineering and Transport (Drainage): No objection subject to conditions.

Head of Public Protection and Housing: We would wish the development to provide affordable housing in accordance with the supplementary planning Guidance.

Welsh Water: No objection subject to conditions

Description of Site and its Surroundings:

The application site is a level area of land measuring 0.44 hectares in area and which is currently grassed but slightly overgrown. It is bounded by houses to the East, South and West while to the North is the head of a cul de sac known as Nursery Place. This cul-de-sac serves 16 existing semi detached two storey dwellinghouses. It terminates in a substandard turning head to the immediate north of the application site. Footpaths extend in both an eastern and western direction from the turning head linking to the wider community.

Brief description of proposal (e.g. size, siting, finishes):

As this application is in outline with all matters reserved for further consideration, only an illustrative plan of a potential layout together with an extended turning area at the end of the cul-de-sac have been submitted in support of this application. The illustrative plan together with the accompanying parameters indicate the development of four pairs of semi detached dwelling houses with garages each of which will rise to a height of between 8.5 and 9 metres similar to those within the surrounding area. Each dwelling will incorporate a garage and a driveway which will accommodate a further parking space thereby ensuing that each plot

PLANDEV-110111-REP-EN-GW Page 114 of 204 accommodates two off street parking spaces. Medium sized rear gardens extend in a southern direction to adjoin the rear gardens of the existing properties fronting onto Park Street.

The turning head proposed under this application allows for direct access to four of the proposed dwelling houses, while the remaining four houses will be accessed of two short shared driveways which will run parallel to the front elevations of the dwelling houses.

EIA Screening/Scoping opinion Habitats Regulations:

The application site is less than 0.5 hectares and as such does not constitute an EIA development.

Material Considerations:

The main issues for consideration with regard to this application relate to the principle of a residential development at this location having regard to the provisions of the Development Plan together with the impact of the proposal upon, visual and residential amenity, highway safety, ecology and other issues raised by the consultees.

Policy Context:

Policy H3 – Residential infill development.

This policy presumes in favour of the development of infill and windfall sites within the defined settlement limits subject to the satisfaction of a number of criteria. These include that the development should not; result in the unacceptable loss of open or green space which is important for its recreational, amenity or conservation value; either individually or in combination with existing commitments create unacceptable impacts or programmed infrastructure or community facilities; have a significant detrimental effect on the amenity of the existing residents of the area, and; there would be no unacceptable highway implications. Whilst it is acknowledged that the area of land is currently an undeveloped area of open space, it is overgrown in appearance and as such is not considered to be an important area which contributes to the surrounding area in terms of either a recreation or amenity area. The restricted scale of the development will also ensure that it will not place undue pressure on any existing infrastructure or community facilities; the issue of the impact upon existing residents will be discussed later in this report as will the

PLANDEV-110111-REP-EN-GW Page 115 of 204 impact upon highway safety.

Policy GC1 – New Buildings / structures or changes.

This policy presumes against development involving new build if it would create an unacceptable impact upon the surrounding area in terms of visual and residential amenity and highway safety. These issues will be discussed in detail further on in this report.

Policy H4 – Affordable Housing

This policy confirms that where there is a demonstrable need for affordable housing, developments should include an element of affordable housing on site unless it can be demonstrated through the submission of an economic viability assessment that the site cannot economically justify such provision.

Visual Amenity:

As this is an outline application, detailed plans have not been submitted in support of this application. Nevertheless the illustrative site plan together with the parameters indicate that the proposed development incorporates a density which is slightly higher but not too dissimilar to the scale and density of development within the surrounding area.

As stated above the detailed design of the dwellings have not been submitted at this stage. However, should outline planning permission be granted, the details associated with the design, finishes and landscaping will be submitted at reserved matters stage. The development will be required to match the proportions and design of the surrounding dwellings thus ensuring that the development maintains a visual link to the existing surrounding residential area. Subject to the above it is considered that site is capable of accommodating a development which will safeguard the character and appearance of the surrounding area.

Residential Amenity (e.g. Overlooking, Overbearance, Overshadowing):

The illustrative plan indicates that the dwellings will be sited a minimum distance of between 12 and 18 metres from the side elevations of 8 and 9 Nursery Road. The normal separation distances which should be achieved between front and side elevations is 12 metres. The current development achieves in excess of this separation distance and is also separated by a

PLANDEV-110111-REP-EN-GW Page 116 of 204 shared driveway which will give the perception of a even greater separation distance. It is therefore considered that the development will not result in an unacceptable overbearing impact upon the existing properties at Nos 8 and 9. Whilst overlooking cannot be considered in the absence of detailed designs, it is considered that the sensitive siting of windows on the proposed dwellings will ensured that the development will not adversely affect the privacy of residents within these properties.

Turning to the impact upon the properties to the south, within Park Street, the dwellings will be sited 9 metres from the boundaries adjoining these properties with a separation distance of approximately 28 metres between the rear elevations of the existing and proposed dwellings. This is sufficient to ensure that there is no unacceptable overbearance or loss of privacy upon either the private amenity space associated with the existing dwellings or the habitable room windows on the rear elevations of the existing properties.

In view of the above it is considered that the development will not have an unacceptable adverse impact upon the amenities of residents living within the immediate vicinity of the application site, nor will it impact upon the amenities of future residents.

Highway Safety (e.g. Parking and Access):

The access to the site is via the existing residential street serving Nursery Road. This measures only 4.5 metres in width and as such vehicles associated with existing houses on this street park only on one side of the road, to allow vehicles to pass. Due to the substandard size of the turning head at the end of the cul-de-sac vehicles are required either to undertake a multiple manoeuvre to turn and leave the street in forward gear or alternatively they are required to reverse up the street, both of which are unacceptable.

As part of this development the applicant was required to improve the turning facility at the end of the cul-de-sac. This improved turning head will not only allow for safe access for vehicles to and from the site it will also allow existing vehicles to enter and leave Nursery Road in forward gear. Furthermore each proposed plot will incorporate two off street parking spaces and as such it is not considered that the development will lead to an increase in on street parking congestion.

It is acknowledged that Nursery Road measures only 4.5 metres in width which does restrict the free flow of traffic. The Head of Engineering has

PLANDEV-110111-REP-EN-GW Page 117 of 204 considered the impact of this restricted width but considers that the increase in vehicular traffic associated with 8 additional dwellinghouses will not significantly worsen the free flow of traffic on Nursery Road to justify refusal of the application especially give that the improvement of the turning head will benefit both existing and future residents. As a result there is no objection to this development on highway safety grounds subject to the imposition of a number of conditions, one of which will require the provision of the turning head prior to the construction of any other development on site. This will ensure that delivery vehicles associated with the development will have improved turning facilities to ensure that they do not have to reverse down the road after delivering materials.

In view of the above, it is considered that the development will improve rather than adversely affect highway safety

Affordable Housing:

As stated within the policy section of this report, Policy H4 requires developments to contribute towards affordable housing. This is further amplified within Supplementary Planning Guidance entitled – Affordable Housing, which requires all developments of 3 houses or more are required to provide 20% affordable housing. There are a number of formula within the SPG depending on the scale of the development and the ability to accommodate affordable housing on site. There is also the ability to submit an economic viability assessment if the site is economically marginal. In order to demonstrate this the developer would have to submit financial details associated with the costs of developing the site. This information is not available at outline stage and as such it is recommended that a condition is imposed to secure affordable housing on site.

Code for Sustainable Homes:

The application proposes 8 dwelling houses and as such triggers the need o achieve code 3 standard as defined by the Code for Sustainable Homes document together with TAN 2 Sustainable Development. The applicant has submitted a pre-assessment wit the application which confirms that the developer can achieve sufficient credits to reach code 3 on this site. Nevertheless this can be secured through the imposition of a condition.

Others (Including objections):

PLANDEV-110111-REP-EN-GW Page 118 of 204 11 letters of objection have been received which raise concern in relation to the poor access to the site including its inadequate width, on street parking congestion, loss of green space, loss of privacy, all of which have been addressed above. The remaining issues are addressed as follows:

Concerns have been expressed regarding the impact upon drainage during the construction process together with the noise and disturbance during the construction phase. In response to this it should be noted that the applicant proposes to discharge foul water via the main drains and surface water via a soakaway system. This has been considered by the Head of Transport and Engineering (drainage) who raises no objection to the development. The noise and disturbance during the construction phase is an inevitable short term consequence of any form of building work and is insufficient reason to withhold the grant of planning permission.

The need for additional housing in Glyncorrwg, has been raised, given that there are currently 8 houses for sale which have been on the market for a considerable period of time. The need for housing at this location is not a material planning consideration given that there may well be a variety of reasons why houses are not selling within this area.

Objections are raised with regard to the claim within the application that the site was allocated for housing. In response to this it is confirmed that whilst the site is not specifically allocated for housing under Policy H1, it is located within defined settlement limits where there is a presumption in favour of residential development subject to the satisfaction of a number of criteria.

Issues of ecology in relation to the use of the site as a breeding ground for hedgehogs and swallows together with the existence of Japanese knotweed have been raised. In response to this the Biodiversity Unit have been consulted and have raised no objection to the application subject to the imposition of conditions to enhance habitat and to mitigate Japanese Knotweed.

Concerns have been raised with regard to the occupation of the houses either as private housing or social housing and whether they will be owner occupied or rented. The planning legislation has no control over the future occupation of these houses and as such this is not a material planning consideration that can be taken into account in the determination of this application.

An objector has raised concern that they did not receive their consultation

PLANDEV-110111-REP-EN-GW Page 119 of 204 letter until after the site notice was posted on site and was unable to view the plans until after a Bank Holiday weekend. It should be noted that whilst we try to display a notice at the same time as dispatching consultation letters, this is not always possible. However the consultation period is always extended to the longer of the two periods. In this particular case, the neighbour was aware of the site notice and as such was aware that an application had been registered for this site. Whilst the consultation period is for a 21 day period, all consultations up until the date of determination are accepted and as such the neighbours have had more than sufficient time to view both the original and amended plans since their submission. Furthermore, a site meeting was also arranged by the ward member for the local residents where they were able to discuss their concerns with the case officer. It is not therefore considered that the consultees have been given insufficient information or time to view the plans and raise concerns in relation to this application.

Concerns have been raised with regard to the intention of the applicant to apply for permission only to increase the value of the land and the fact that residents would like to use the land for parking for which they would pay a fee. The issue of land values is not a matter to be considered as part of this application. In terms of the use of the land for parking, this is an application for a residential development and Members are required to determine this application. If the applicant intends to use it for parking at a future date, planning permission would be required for this purpose.

Finally in terms of the rat problem referred to, this has been referred to the pest control section of the Council.

Conclusion:

The proposed development of this site for residential purposes will result in the introduction of an acceptable form of development which will not adversely affect either visual or residential amenity, nor will it adversely affect highway safety. The proposal therefore complies with Policies H3, H4 and GC1 of the Neath Port Talbot Unitary Development Plan and approval is recommended.

RECOMMENDATION:

Approve subject to conditions

PLANDEV-110111-REP-EN-GW Page 120 of 204 CONDITIONS;

(1) Approval of the details of the layout, scale and appearance of the building(s), the means of access thereto and the landscaping of the site (hereinafter called the reserved matters) shall be obtained from the Local Planning Authority in writing before any development is commenced.

Reason

The application was made for outline planning permission.

(2) Plans and particulars of the reserved matters referred to in Condition 1 above, relating to the layout, scale and appearance of any buildings to be erected, the means of access to the site and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved.

Reason

The application was made for outline planning permission.

(3) Application for approval of the reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission.

Reason

To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

(4) The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of the approval of the last of the reserved matters to be approved, whichever is the later.

Reason

To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

(5) Each dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve 6 credits under category Ene1 if the site was registered with a Code Assessor prior to 11th December 2010 in accordance with the requirements of Code for Sustainable Homes: Technical Guide April 2009, or Level 3 and 1 credit under category Ene1 of the code if the site was registered on or after 11th

PLANDEV-110111-REP-EN-GW Page 121 of 204 December 2010 in accordance with the requirements of Code for Sustainable Homes: Technical Guidance November 2010

Reason

In the interests of sustainability.

(6) Unless otherwise agreed in writing foul water and surface water discharges must be drained separately from the site.

Reason

To protect the integrity of the public sewerage system

(7) No surface water and land drainage run-off shall be allowed to connect/discharge (either directly or indirectly) to the public sewerage system, unless otherwise agreed in writing with the Local Planning Authority.

Reason

To prevent hydraulic overload of the public sewerage system and pollution of the environment.

(8) As part of the first reserved matters a drainage scheme incorporating any suds proposals to ensure that the existing greenfield levels of surface water run-off are not increased and an indication of emergency overland flow routes shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented prior to the occupation of any dwelling.

Reason

To ensure satisfactory drainage in accordance with TAN 15 Development and Flood Risk

(9) Unless otherwise agreed in writing, prior to occupation of the dwelling(s) hereby permitted, an artificial nesting site for birds shall be erected on the dwelling to one of the following specifications, and retained as such thereafter;

Nest Box Specifications for House Sparrow Terrace:

Wooden (or woodcrete) nest box with 3 sub-divisions to support 3 nesting pairs. To be placed under the eaves of buildings.

PLANDEV-110111-REP-EN-GW Page 122 of 204 Entrance holes: 32mm diameter

Dimensions: H310 x W370 x D185mm or

Swift Nest Box Specification:

Wide box with small slit shaped entrance hole. Must be placed under or close to roofs, at least 5m from the ground.

Dimensions: H150 x W340 x D150mm

Reason

In the interest of biodiversity

(10) As part of the first reserved matters application details of the proposed means of enclosure to all property boundaries shall be submitted to and agreed in writing with the Local Planning Authority The agreed means of enclosure shall be erected prior to the occupation of the associated development.

Reason

In the interests of the visual amenity of the area and the amenities of the occupiers of proposed and existing dwellings.

(11) As part of the first reserved matters application details of the floor level of the development shall be submitted to, and approved in writing by the local planning authority.The development shall be completed in accordance with these agreed levels unless otherwise agreed in writing with the Local Planning Authority.

Reason

In the interest of the amenities of the area and to ensure a satisfactory street picture.

(12) Prior to any building works commencing, the Fallopia Japonica (Japanese Knotweed) that is located on the site shall be shall be treated and eradicated in accordance with the Environment Agency Knotweed Code of Practice.

PLANDEV-110111-REP-EN-GW Page 123 of 204 Reason

In the interests of amenity, and to ensure that the treatment is carried out in accordance with recognised good practice.

(13) The garage shall not be converted to residential use unless a scheme for replacement car parking has been submitted to and approved in writing by the local planning authority The scheme shall be implemented prior to the commencement of any conversion works and shall provide for one additional car parking space for each space lost by any conversion works.

Reason

To ensure that adequate car parking provision is maintained within the curtilage of the dwelling in the interest of highway safety.

(14) Prior to any works commencing on site a scheme shall be submitted for the written approval of the Authority detailing the turning head indicated on the site layout plan this scheme shall also include a 500mm service strip around the perimeter of the turning head.

Reason:

In the interests of highway safety

(15) Prior to work commencing on site a scheme for the turning head shall be submitted to and for the written approval of the Authority detailing:-:

1. Gully and manhole positions.

2. Pipe sizes and gradients.

3. Methods to prevent surface water discharging from drives onto the highway. (All surface water discharge shall comply with green-field run- off rate)

4. Street lighting Proposals

5. Road construction details

These details shall be implemented and retained as such thereafter.

Reason:

In the interests of highway safety

PLANDEV-110111-REP-EN-GW Page 124 of 204 (16) Prior to the occupation of each dwelling, two car parking spaces or three if the gross floor area exceeds 120 square metres which shall be provided within the curtialge of each plot and shall be retained as such thereafter.

Reason:

To ensure that sufficient off street parking spaces are provided and maintained within the curtilage of the site.

(17) Pedestrian vision splays of 2.4 metres by 2.4 metres (measured back from back edge of service strip) shall be provided and maintained each side of each access within which nothing over 600mm in height shall be erected or allowed to grow.

Reason:

In the interests of highway safety

(18) Any garage shall have a minimum length of 6.0 metre and a minimum width of 3.0 metres to be considered as a parking space together with a minimum drive length of 6.0 metres at a maximum gradient of 1 in 9.

Reason

In the interests of highway safety

(19) No development shall take place, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: i. the parking of vehicles of site operatives and visitors ii. loading and unloading of plant and materials iii. storage of plant and materials used in constructing the development iv. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate v. measures to control the emission of dust and dirt during construction

PLANDEV-110111-REP-EN-GW Page 125 of 204 Reason:

In the interests of highway safety

(20) Prior to work commencing on the construction of the dwellings the proposed turning head shall be constructed in accordance with details to be submitted to and approved in writing with the Local Planning Authority as part of the first reserved matters.

Reason:

In the interests of highway safety

(21) Unless otherwise agreed in writing by the Local Planning Authority, no material operation, as defined in Section 56 (4)(a)-(d) of the Town and Country Planning Act 1990 shall be carried out to commence the development pursuant to this planning permission, on any development of 3 units or more until arrangements for the provision of affordable housing social rented and/or low cost home ownership within the development site, in accordance with Policy H4 of the Neath Port Talbot Unitary Development Plan of not less than 20% of the total number of residential units provided within the development site, or a commuted sum for off site provision has been submitted to and agreed in writing by the Local Planning Authority.

Reason

In order to secure an appropriate level of affordable housing in accord with Policy H4 of the Neath Port Talbot Unitary Development Plan

PLANDEV-110111-REP-EN-GW Page 126 of 204

ITEM 2.2

APPLICATION NO: P/2010/813 DATE: 22/11/2010

PROPOSAL: CHANGE OF USE FROM RETAIL (CLASS A1) TO HOT FOOD TAKE-AWAY (CLASS A3) PLUS NEW SHOP-FRONT.

LOCATION: 39 COMMERCIAL ROAD, TAIBACH, PORT TALBOT SA13 1LN APPLICANT: MR MOHAMMED MUSAWIR TYPE: Change of Use WARD: Taibach

BACKGROUND INFORMATION

Planning History:

85/5325 Change of Use of two ground-floor Approved 01/12/85 rooms from residential to shop for pool table hire 87/6153 Alterations to front elevation Approved 14/09/87 89/7321 Change of Use from Residential to Approved 08/10/89 baby-wear shop 90/7706 Double Garage Approved 08/06/90 93/9105 Extension to shop-floor area Approved 28/05/93

Publicity and Responses (if applicable):

4 neighbouring properties were consulted and a site notice was displayed on site: 17 Letters of Objection were received together with a petition of 63 signatures. These are outlined in further detail near the end of the report.

Head of Engineering & Transport (Highways): No Objection.

Head of Environmental Health: No Objection, subject to conditions.

PLANDEV-110111-REP-EN-GW Page 127 of 204 Description of Site and its Surroundings:

The application site is located at 39 Commercial Road, Taibach, Port Talbot.

The application property is a mid-terraced commercial premises currently operating a card shop (A1 use). The building is designed with a gable- ended ridged roof with brown concrete roof tiles and the walls are rendered and dashed.

Access to the site is via Commercial Road, although there is no car parking available directly outside the premises as there is a designated Bus Stop and Traffic Regulation Order (TRO).

There are residential dwellings located to the North and East, a commercial property to the West and Commercial Road to the South. The site is located within the settlement limits as defined by Policy H3 of the adopted Neath Port Talbot Unitary Development Plan (UDP) and is also located within the Taibach District Shopping Centre.

Brief Description of Proposal:

This application seeks full planning permission for the change of use of the premises from an A1 retail use to hot-food take-away (A3 use) together with the erection of a new shop-front.

The proposed development will comprise the removal of the existing window and door on the front elevation, and the replacement with a new door and window of the same dimensions. In addition, a new mechanical ventilation extraction flue is proposed on the rear elevation. However, the applicant has requested that the specific details of this flue be conditioned for subsequent approval by the Local Planning Authority if planning permission is granted for the proposal.

EIA Screening/Scoping Opinion & Habitat Regulations:

As the development is not Schedule 1 or Schedule 2 Development on the EIA Regulations, a screening opinion will not be required for this application.

Material Considerations:

The main issues to be considered as part of this planning application are

PLANDEV-110111-REP-EN-GW Page 128 of 204 the principle of the development together with the impact upon visual amenity and residential amenity, including the potential for increased noise and disturbance, and also the impact on highway and pedestrian safety.

Policy Context:

Neath Port Talbot Unitary Development Plan:

GC1 New Buildings/Structures and Changes of Use ENV17 Design T1 Location, Layout and Accessibility of New Proposals T10 Parking in Town, District, Local and Village Centres TRL5 Proposals Within Other Centres

As the proposed site is located within the Taibach District Centre under Policy TRL5 of the adopted UDP, the principle of an A3 commercial use is generally acceptable at this location provided it is appropriate in terms of its size and character, it would not create significant harm to the vitality, attractiveness and viability of any other centre, would provide an attractive retail-type ground-floor frontage, it is well located and helps pedestrian flows plus there would be no significant adverse impact on residential properties, security, parking, traffic congestion or highway safety.

Visual Amenity:

By virtue of the fact that the proposed development would retain a retail- style shop-front and the extraction flue would be located at the rear of the property, it is considered that the proposal would not have a detrimental impact upon the character and appearance of the surrounding district centre or street-scene in which the site is located.

In respect of new signage, the applicant has indicated that a separate advertisement application will be submitted, if required, prior to commencement of works on site.

Residential Amenity:

Due to the fact that the only external alterations proposed are the replacement windows and doors, together with the external flue, it is considered that the proposed development would not create any unacceptable overlooking, overshadowing or overbearing issues.

PLANDEV-110111-REP-EN-GW Page 129 of 204 With regards to the potential impact upon residential amenity in terms of increase noise and disturbance, Members should be aware that there is a potential for this - especially if the hours of opening extend into the evening when neighbouring residents would expect a decrease in activity. Whilst it is noted that there is a residential property adjoining the application site, as Number 39 is located in the Taibach District Centre, which is a mixed-use commercial/residential area, it is considered that the proposed development would not have an unacceptable impact in terms of noise and disturbance over and above that which can be expected in a commercial centre, subject to worded conditions restricting the opening hours to midnight. Furthermore, it was noted that the nearby take-away (Pearl Chop Suey) opens until 12am-12.30am.

Highway Safety (Access, Parking and Traffic flows):

Although it is noted that there is no car parking available directly outside Number 39 due to the existing bus-stop and TRO, the Head of Engineering and Transport (Highways) offers no objection to the proposal. This is due to the fact that the car parking requirement for the exiting lawful use of the property as an A1 retail shop would be similar to the proposed A3 use. Furthermore, it is noted that there is car parking available in the parking bays opposite Numbers 47-59. It is therefore considered that the proposed development would not create a detrimental impact upon highway or pedestrian safety.

Landscaping:

Not Applicable.

Ecology (including trees & Protected Species):

Not Applicable.

Flooding:

Not Applicable.

Pollution (air and ground):

The Head of Social Services, Health & Housing (Environment Health) offers no objection to the proposal, subject to the flue system being fitted with the necessary filters and the noise not exceeding current background levels. As the applicant has requested that these details are conditioned

PLANDEV-110111-REP-EN-GW Page 130 of 204 for subsequent approval, a suitably worded condition will be imposed on the application accordingly. It is therefore considered that the proposed use would not have an unacceptable impact upon neighbouring properties in terms of potential noise or odours.

Others (including objections):

17 Letters of Objection were received together with a petition of 63 signatures. These are summarised as follows:

(1) There are too many A3 food shops in Taibach in close proximity to the site and if there is a new one the current business will find it too competitive and the quality of food and service will drop, which could affect the health and well-being of the community. (2) There are steel works nearby which gives off fumes and there are already 5 food shops which create fumes. Children are ill continuously and this is most likely due to the fumes. Therefore permission should not be granted for another shop of this nature or industrial works. (3) There is a major parking issue in the area and another food shop would make this situation worse. There is a bus-stop and yellow lines directly outside the application site. The road is very busy as it is used as an alternative to the motorway. This creates a safety aspect and hazard as customers will stop to pick up their orders. (4) The existing businesses in the area are struggling and if business drops any further they would need to close or lose staff. Planning permission should therefore be refused to protect local traders. (5) The food in Shelina’s is outstanding and if another take-away opens it could affect the quality of food. Also if they close there is no other local Indian for customers to go to, and they may need to lose staff that cannot drive due to illnesses and are currently able to walk to work. (6) If a new take-away opens it may affect the quality of the food in the Southern Fried Chicken and it may close and the staff lose their jobs. (7) As the Government is rolling out many plans to make Britain Greener, opening a food outlet is only going to contribute to pollution. There are already 5 shops with extractors, which give out fumes and add to the pollution from the steelworks. Opening another emission emitting property will affect the health of local resident’s, especially the nearby schools. (8) The local traders would like to speak at Committee which this application is expected to be decided at.

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In response to the above concerns, the following comments are made:

 Firstly the comments that there are too many A3 food shops in Taibach. It should be noted that although there are four other take- aways/restaurants noted in close proximity to the application site, and the proposed development (if approved) would be the fifth take-away, it is considered that the Local Authority could not justify refusal of the application on the grounds that there would be a proliferation of take- aways, especially as there are a number of A1 uses remaining in the District Centre.  In respect of the concerns that the existing businesses in the area are struggling and if business drops any further due to competition they would need to close or lose staff, it should be noted that these are not material planning considerations, and would be down to market forces and natural competition in the area. As such, they cannot be taken into consideration when determining the application and cannot form a reason for refusal of the application.  Turning to the comments that the steel works and existing take-ways create fumes and pollution, which affect local residents and children, it should be noted that the Head of Health and Housing (Environmental Health) offers no objection to the proposal, subject to conditions. Therefore it is considered that the proposal would not create any unacceptable impacts upon local residents in terms of pollution and/or odours.  With regards to the comments relating to highways safety and parking, Members should note that these have been addressed previously in the report. As the Head of Engineering and Transport (Highways Section) offers no objection the proposal, it is considered that it would be acceptable in terms of highway safety - especially given the existing lawful use of the property and the fact that there is some on-street car parking available in the area.  Finally the comments that the local traders would like to speak at Committee. In-line with the Council’s procedures, it should be noted that Members of the public may attend the Committee meeting to observe only and they are therefore unable to speak at Committee.

Conclusion:

It is considered that the proposed development would not have a detrimental impact upon residential amenity or upon the character and appearance of the surrounding District Centre or street-scene, and there would be no adverse impact upon highway and pedestrian safety. Hence,

PLANDEV-110111-REP-EN-GW Page 132 of 204 the proposed development would be in accordance with Policies GC1, ENV17, T1, T10 and TRL5 of the Neath Port Talbot Unitary Development Plan. Approval is therefore recommended.

RECOMMENDATION: Approval with Conditions.

CONDITIONS;

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

Reason

To comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

(2) Unless otherwise agreed in writing, customers shall not be permitted entry to the premises between 23.50 hours and 08.00 hours and shall not be served or remain on the premises between 00.00 hours and 08.00 hours.

Reason

In the interest of the amenities of residents living in the vicinity of the application site.

(3) Unless otherwise agreed in writing, prior to works commencing on the development details of the external flue extraction system shall be submitted to and approved in writing by the Local Planning Authority. These details shall demonstrate the mechanical ventilation system being fitted with suitable and sufficient filtration system, such as a carbon filter, and the details, as may be approved by this condition, shall be implemented on site prior to first occupation of the development, and retained and maintained in good working order thereafter.

Reason

In the interest of residential amenity and odour control.

(4) Unless otherwise agreed in writing, the noise rating level of any extraction unit shall not exceed the background noise level at the nearest noise sensitive property by more than 5dB. Prior to works commencing on the development, a noise assessment shall be carried out in accordance

PLANDEV-110111-REP-EN-GW Page 133 of 204 with BS4142 (Method for rating industrial noise affecting mixed residential and industrial areas) and submitted to and approved in writing by the Local Planning Authority.

Reason

In the interest of noise control to protect the residential amenity for neighbouring properties.

REASON FOR GRANTING PLANNING PERMISSION

The decision to grant planning permission has been taken in accordance with Section 38 of the Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise.

It is considered that the proposed development would not have a detrimental impact upon residential amenity or upon the character and appearance of the surrounding District Centre or street-scene, and there would be no adverse impact upon highway and pedestrian safety. Hence, the proposed development would be in accordance with Policies GC1, ENV17, T1, T10 and TRL5 of the Neath Port Talbot Unitary Development Plan.

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ITEM 2.3

APPLICATION NO: P/2010/865 DATE: 06/09/2010

PROPOSAL: NEW EXIT ONTO HAZELWOOD ROAD

LOCATION: JOHN SMITHS GNOLL, GNOLL PARK ROAD, NEATH APPLICANT: MR GERAINT HAWKES TYPE: Full Plans WARD: Neath North

BACKGROUND INFORMATION

Planning History

P2004/0540 – Renovation of indoor cricket club: Approved – 21/05/2010

Publicity and Responses (if applicable):

Statutory Consultees:

Neath Town Council: No reply received Head of Engineering and Transport (Highways): No objections Head of Engineering and Transport (Structures): No objections

The application was advertised on site: 4 letters of objection and a petition of objection containing 18 signatures have been received which are summarised as follows:

 Invasion of privacy on matchdays  Property prices de-valued  Increased footfall through Hazelwood  Security problems for cars  Why were Neath RFC allowed to proceed without planning permission

PLANDEV-110111-REP-EN-GW Page 135 of 204 Description of Site and its Surroundings:

The site location is the John Smith Sports Ground located at Gnoll Park Road, Neath. The site is currently accessed via entrances on Gnoll Park Road and had an emergency escape route through the adjoining cricket club. This emergency route has recently been closed.

Brief description of proposal (e.g. size, siting, finishes):

The application seeks full planning permission for the retention of a new exit from the ‘Union Terrace’ which is located directly onto Hazelwood Drive. This exit will also serve the Courage Stand and will provide a replacement emergency route for supporters following the closure of the original exit through the cricket club. The works involved the removal of a large section of the 2.4m high retaining wall at the boundary of the sports ground with Hazlewood Drive. The structure includes new 350mm wide concrete block walls and measures a maximum height of 1.4m from the top of the highest supporters step whilst measuring 2.4m in height from the ground level at Hazelwood Drive (inline with the existing retaining wall). Access is controlled by means of metal gates finished in yellow paint whilst the walls associated with the exit are painted white.

Material Considerations: Policy Context:

Neath Port Talbot Unitary Development Plan:

Policy GC1 New buildings/structures and changes of use Policy ENV17 Design Policy T1 Location Layout and Accessibility of new proposals.

Visual Amenity:

In terms of visual amenity the exit is in keeping with its sports ground location and harmonises with the existing retaining wall and does not protrude out into the highway of the neighbouring existing residential area. By virtue of the function that the access gate provides its design and hence visual scope has been limited. That being said its visual design is considered acceptable and does not detract unacceptably from the existing character and appearance of the streetscene on Hazelwood Drive. There is therefore no adverse visual impact.

PLANDEV-110111-REP-EN-GW Page 136 of 204 Residential Amenity (e.g. Overlooking, Overbearance, Overshadowing):

In terms of residential amenity, the new exit does not unacceptably overbear or overshadow any neighbouring properties over and above what is currently the case (the concrete block walls are the same height as the existing retaining wall when measured from the Hazelwood Drive elevation). In fact an argument could be made that there is less of an impact by virtue of the gated access. The exit does however allow for the release of sport supporters into the street at Hazelwood Drive in times of emergency and on other occasions up to 12 times per calendar year. This could potentially result in increased noise levels within the immediate vicinity of the access. However these occasions will be rare as the sporting events for the majority of the time throughout the season will be restricted to the weekends. Furthermore the number of supporters attracted to the venue is unlikely to lead to the use of either the Union Terrace or Courage stand and therefore will not require this access to be used. Nevertheless a condition will be attached controlling the amount of times this new exit is used throughout the sporting season baring emergencies.

Highway Safety (e.g. Parking and Access):

The Head of Engineering and Transport (Highways) offers no objections subject to the imposition of a suitable condition that will require a commuted sum of £1500 to be paid to the Council. This sum of money will be used should on street waiting/parking restrictions be required within the vicinity of the access. If such restrictions are not required the money will be returned to the applicant. A further condition will be added preventing the exit being used as a turnstile to collect monies or sell tickets for any event/activity, as this may cause indiscriminate parking within Hazelwood Road for people who wish to attend the events.

Others (including objections):

A number of letters of objection were received with regard to this application which will be addressed as follows:

The wall was demolished and works begun without the planning application having actually been registered and the neighbouring residents being notified. This statement is correct, the council was aware of the proposal as it had in its possession a submitted application. This

PLANDEV-110111-REP-EN-GW Page 137 of 204 application however was invalid for registration purposes and therefore subsequently on hold. The proposal itself was deemed acceptable, it was considered unreasonable to take any enforcement action as the application would serve as a way to regularise the unauthorised works in a controlled manner. Nevertheless the applicant was contacted and advised to stop work as soon as complaints were received from the general public. The applicant was advised that the works he was undertaking were at his own risk and permission would only be granted based on the plans submitted. The reality of the situation is that the applicant chose to carry on regardless and completed the structure.

During these unauthorised works existing residents felt there were no adequate security measures in place to protect the street of Hazelwood Drive. This is not a material planning consideration and was not considered in the determination of this application.

This issue of privacy, crime and increased footfall through the street was also raised in objection letters, an issue that has been addressed in the residential amenity section of this appraisal.

There is also strong concern that the development will lead to a drop in house prices for the properties in the immediate area. This is not a material planning consideration and was therefore not considered in the determination of this application.

Concern that turnstiles will be installed at the gated entrance. In reference to this the submitted plans indicate no such proposal for turnstiles. The gate serves as an exit only, and a condition is recommended to prevent the use of this access as entrance to the venue.

Conclusion:

The development will not have a negative impact on residential and visual amenity nor will it adversely affect highway and pedestrian safety. The development therefore complies with Policies GC1, ENV17 and T1 of the Neath Port Talbot Unitary Development Plan.

RECOMMENDATION: Approval subject to conditions

CONDITIONS;

PLANDEV-110111-REP-EN-GW Page 138 of 204 (1) The proposed new exit onto Hazelwood Road shall at no time be used as a turnstile to collect monies or sell tickets for any event/activity, and to ensure that the access does not result in indiscriminate parking within Hazelwood Road for people who wish to attend the events.

Reason

In the interest of highway safety

(2) Prior to the first use of the exit a commuted sum of £1500 shall be paid to Neath Port Talbot County Council. This sum shall be held by the Local Authority whilst survey work is undertaken on Hazelwood Drive to determine whether any Traffic Regulation Orders (TRO) need to be imposed to deal with indiscriminate parking resulting from the use of the access. Should the surveys identify the need for anyTRO's within the vicinity of the access, they shall be implemented within 4 months of receipt of the survey results unless otherwise agreed in writing with the Local Planning Authority.

Reason

In the interest of highway safety

(3)Unless otherwise agreed in writing with the Local Planning Authority, the use of the exit hereby approved shall be restricted to 12 times per calendar year.

Reason

In the interest of residential amenity.

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ITEM 2.4

APPLICATION NO: P/2010/1100 DATE: 29/10/2010

PROPOSAL: CONSTRUCTION OF THE PORT TALBOT PERIPHERAL DISTRIBUTOR ROAD STAGE 2. THE APPLICATION IS AN AMENDMENT TO APPLICATION P2007/292 APPROVED 28TH AUGUST 2007. (ADDITIONAL INFORMATION UNDER REGULATION 19)

LOCATION: LAND BETWEEN THE PORT TALBOT DOCKS AREA, AND THE A48 NEAR JUNCTION 38, PORT TALBOT APPLICANT: Mr David Griffiths TYPE: Full Plans WARD: Port Talbot

BACKGROUND INFORMATION

PLANNING HISTORY:

Application P2007/292 – Peripheral distributor Road Stage 2 – Approved 28/8/2007

PUBLICITY AND RESPONSES:

Site notices displayed, press notice published in local press.

Number of properties consulted : 146

Air Pollution: No objections

British Telecom:No reply

CCW: No objections subject to conditions

Head of Engineering and Transport (Drainage): No objections.

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Environment Agency: No objections subject to conditions

Biodiversity: No objections subject to conditions.

Forward Planning: No objections

Public Rights of Way: No objections

Wales and West Utilities: No objections.

Western Power Distribution: No objections.

Head of Engineering and Transport (Landscaping): No objections

National Grid: No objections

Network Rail:No objections

Head of Engineering and Transport (Street Lighting): No objections

Director of Property and procurement ( Structures): No objections

South Wales Trunk Road Agency (SWTRA): No reply

Contaminated Land: No objection subject to condition.

National Public Health Service for Wales: No objections.

Pollution control (noise): No objection subject to conditions.

Head of Engineering and Transport (Highways): No objection subject to conditions.

Welsh Water Dwr Cymru: No objections

PREAMBLE:

Members will note that there is an extant permission (P2007/292, approved 28/8/2007) for the construction of the Peripheral Distributor Road (PDR) Stage 2. In January 2009 Costains Ltd were appointed under a professional services contract for the purposes of development the

PLANDEV-110111-REP-EN-GW Page 141 of 204 scheme through to construction. The development has resulted in proposals to amend aspects of the original route necessitating the submission of an amended planning application.

The PDR network has been divided into the following implementation stages:

Stage 1A, Seaway Parade, has already been constructed as part of the Baglan to Lonlas section of the contract.

Stage 1B has been completed and includes a further section of Seaway Parade and Afan Way to its junction with Water Street roundabout.

Stage 1C of the PDR has already been constructed and forms the sections from a new roundabout on the at the end of Stage 1B, through the industrial estate, connecting to the existing roundabout on Heilbronn Way.

Stage 2 is the final section of the PDR. Prior to adopting the present route for Stage 2, other options were considered. In a series of public meetings held in 1991, the merits of an inland route were discussed compared to a seaward route. The inland alignment was accepted as NPTCBC’s preferred route in 1997.

DESCRIPTION OF SITE AND SURROUNDINGS:

Port Talbot lies on the narrow coastal plain on the east side of . The physical characteristics create a natural constraint on transportation infrastructure and consequently all major routes approximately trend east to west. The main access to Port Talbot is provided by the and the A48. The Peripheral Distributor Road (PDR) for Port Talbot linking Margam Interchange with Sunnycroft Roundabout via Afan Way is a strategic road improvement to facilitate access to the port area and stimulate economic development. The proposed route would function as a local distributor removing local traffic from the motorway and providing capacity and access to new development areas.

The initial section of the proposed route is located within largely industrial land adjacent to Port Talbot Docks and continues between residential areas of Port Talbot and Margam to the east and the Tata

PLANDEV-110111-REP-EN-GW Page 142 of 204 industrial complex to the west. The southern section of the proposed road crosses over Cefn Gwrgan road resulting in the demolition of part of the ECM 2 industrial complex. From here the road extends into open low lying land which is currently utilized for the Tata golf course and social club playing fields. The road terminates on agricultural land adjacent to the A48 and Tyn - y - Caeau farm.

As part of Stage 3 of the Port Talbot Peripheral Distributor Road it is necessary to divert two 66 kilovolt power cables which feed the Tata Steel works. It is proposed to lay the cable alongside Heol Cae Bont which runs east to west along the southern boundary of the Tata site. The area on which the work is to be carried out consists of low value grassland crossed by a number of ditches and is adjacent to the SSSI.

BRIEF DISCRIPTION OF THE PROPOSAL:

The proposed route of the road is approximately 4.5 km in length and is located along the western perimeter of Port Talbot and Margam between the industrial area containing the Tata Strip Products steelworks and the settlements of Port Talbot and Margam. From the southern end of PDR Stage 1C in Port Talbot Industrial Estate the route proceeds parallel to Dock Road up to Oakwood Road to roundabout 1 before crossing vacant land to West End, with a left in/left out access into the western end of West End. Roundabout 2 is located to the east of Lower West, giving access to roundabout 2c and providing a secondary access to Tata. The route then runs parallel to the mainline railway to roundabout 3. The Tata main entrance is accessed off this road via roundabout 3a and 3b.

From here the proposed road crosses the railway at the existing Corus entrance on Cefn Gwrgan Road. The route then runs south east across the southern area of the Corus Sports and Social Club and adjoining fields to the A48, 420 metres to the west of the M4/junction 38 Margam interchange.

Direct access from Junction 38 onto the A48 is retained. There will be access to Ty’n-y-Caeau and the adjacent WAG DE&T land to the east of the PDR from the new roundabout tying into the A48.

The road will be constructed on varying height embankment and bridges, which will be at its maximum height at Cefn Gwrgan Bridge.

PLANDEV-110111-REP-EN-GW Page 143 of 204 The road will consist of a dual 7.3 metre carriageway with 1 metre hard strips, 2.5 metre hard surfaced central reserve, 2.5 metre grass verges and a 3 metre cycleway over part of its length. The road will be surfaced using a thin surface course reduced noise system.

With regard to the re routing of the electric cable, it is proposed to lay the 66kv cable alongside Heol Cae Bont which runs east to west along the southern boundary of the Tata site. The diverted cables will run overground within ducting protected by a concrete bund crossing water courses via bridges

Although separated by Heol Cae Bont the proposed cable route is in close proximity to the Margam Moors SSSI, these two areas are likely to be connected through the network of drainage ditches which exist within the moors.

The diverted cables will run overground within ducting protected by a concrete bund crossing water courses via bridges.

Principle changes to the approved scheme

The core road alignment remains similar to that of the approved scheme, however there have been a number of significant changes and modifications. The Cramic Way link road adjacent to the recently constructed Magistrates Court has been removed. Under the approved scheme, access to West End, Llewelyns Quay and the secondary access to Tata was from a roundabout at the western end of West End. That roundabout has been removed with access to Llewelyns Quay and Cramic Way provided from the proposed roundabout at Oakwood Road, and the secondary Tata access from the proposed roundabout near the eastern end of West End. The bridge at Cefn Gwrgan has been redesigned and reduced in height from 10 metres to 8.8 metres not including the parapets. Finally, there has been a major re alignment and reconfiguration to the southern section of the PDR involving the re siting of roundabout 4 which now forms a junction with the A48 between junctions 38 and 39 of the M4, utilizing the existing A48 dual carriageway to link to the M4 at Juction 38. In addition footbridges at roundabout 1 and roundabout 3 have been replaced by at ground pedestrian crossings.

Principle Road Structures

The proposed railway crossing at Cefn Gwrgan is the principal structure. The crossing will have a reinforced concrete deck and abutments founded

PLANDEV-110111-REP-EN-GW Page 144 of 204 on bored piles. The approach ramps will be supported by retaining walls and embankments. The maximum height of the structure (excluding parapets) will be approximately 8.2 meters above the railway line. There are four further bridges as follows:

(1) On the PDR over the diverted Ffrwd Wyllt Relief Channel at West End. . (2) Over the rail sidings on the main access road into Corus.

(3) On ECM2 land under the PDR providing an access to Margam sub- station.

(4) A structure on Corus Sports and Social Club golf course to protect the Corus gas main and to restore access between two areas of the golf Course.

In addition there is a large box culvert through the road embankment to relieve flood waters from West End and works to the existing culvert to guarantee its future structural integrity under the increased loading of the PDR embankment.

There will be four at grade (ground level) pedestrian crossings, located adjacent to the main roundabouts along the route.

Signage

Signage will be located along the entire proposed route at the required locations. This will consist of flag signage (measuring 2800mm x 2900mm) local direction signage (measuring up to 5250mm x 4800mm) and advanced direction signage (measuring up to 3000mm x 3750mm).

Boundary details

Boundary details dependent on agreement with adjacent landowners but will consist of an environmental barrier adjacent to the railway at Llewellyn’s Quay that will extend past the properties of West End. All road boundaries with Corus will be demarcated by security fencing. Post and rail stockproof fencing will mark the boundary through the fields adjacent to the Margam Interchange.

PLANDEV-110111-REP-EN-GW Page 145 of 204 Street lighting

The northern half or the road will be lit as far as roundabout 3. The Corus Access road off this roundabout will also be lit. The main PDR is then unlit from roundabout 3, over Cefn Gwrgan rail crossing and down to the approach to roundabout 4. This roundabout, and the PDR approach to it, will be lit, as is the existing A48. The PDR will be lit using low pressure sodium lights on 10 metre high double arm lighting columns between Sunnycroft and West End Roundabout. These will be spaced approximately 36 metres apart in the central reserve. Luminaries used will be of a type that minimises the effect of sky glow. The PDR section between West End and the A48 will not be lit.

EIA SCREENING/SCOPING OPINIONS HABITATS REGULATION:

An Environmental Statement was submitted with the planning application.

The previous application (P2007/292) was considered under Regulation 48 of the Conservation (Natural Habitats, etc) Regulations 1994. The Authority is required to carry out a Test of Likely Significant Effect (TLSE) to assess whether the proposals are likely to have a significant effect alone or in combination with other projects/plans. If the proposals are likely to have a significant effect or it cannot be demonstrated that they won’t , then an Appropriate Assessment would be required. In this case the development alone or cumulatively with other development would not likely resulting a significant effect on those protected sites in the locality.

MATERIAL CONSIDERATIONS:

Land use and development plan policy Landscape affects and visual impact Highway and pedestrian safety Environmental Quality Residential amenity including human health and air quality Land contamination Water quality and drainage Ecology and biodiversity

PLANDEV-110111-REP-EN-GW Page 146 of 204

POLICY CONTEXT:

Policy GC 1Structures and changes of use Policy GC2 Engineering works and operations. Policy EC 1 Employment landbank Policy T8 Peripheral Distributor Road Policy T1 Layout, design highway safety. Policy T9 Road hierarchy. Policy PT1 Port Talbot Docks regeneration initiative. Policy ENV 1 Development within the open countryside. Policy ENV 5 Nature conservation Policy ENV 11 Proposals within areas of flood risk. Policy ENV 12 Proposals affecting controlled waters Policy ENV 15 Air Quality Policy ENV 16 Contaminated Land Policy ENV 22 Archaeological remains Policy ENV 26 External lighting2 Policy RO1 Recreation and sports facilities.

LAND USE AND DEVELOPMENT PLAN POLICY:

Policy T8 states that the Port Talbot PDR will be promoted by the Council for implementation during the Plan period and the land safeguarded from development. The proposal follows the general route of that shown in the Plan, although there are certain minor deviations and additional links and the proposed line of the road no longer directly meets Junction 38 of the M4 the new alignment now being to the A48 between junction 38 and junction 39.

Policy T1 identifies the general criteria associated with the layout, design and highway safety of road networks and associated development in addition to promoting alternative modes of transport. It is considered that the design of the PDR complies with accepted standards, although only part accommodates cyclists and there would be no designated bus routes. However, this proposal complies with the design and purpose of strategic routes in accordance with Policy T9.

Policy T9 sets out a road hierarchy to facilitate the efficient use of the highway network. This proposal would fall into a strategic route as defined on the proposals map associated with the UDP.

PLANDEV-110111-REP-EN-GW Page 147 of 204

Policy PT1 identifies the docks as a comprehensive regeneration area for a mixture of residential, leisure and retail opportunities. This proposal will open up access into the Port Talbot Docks area and will facilitate the regeneration initiative.

Policy ENV1 presumes against development within the open countryside except in defined circumstances of which communications and infrastructure is one.

Policy ENV5 seeks to protect local habitats and species and whilst it is acknowledged that there will be a loss of local habitat and species, the mitigation proposals would reduce those to an acceptable level, given the strategic importance of this development.

Policy EC1 allocates Port Talbot docks as an employment land bank area. The proposal would improve access into existing and proposed industrial areas, thus providing more opportunities to develop these areas.

Policy RO1 seeks to protect recreation, sports facilities and open spaces. Whilst the proposal would result in the loss of part of the Corus playing fields, negotiations are taking place to provide alternative facilities.

LANDSCAPE EFECTS/VISUAL IMPACT:

An assessment of landscape effects has been carried out based on a desktop survey and site appraisal to identify the landscape and visual factors for the study area and to consider the potential impacts of the proposed development upon them.

The landscape has a strong structure provided by the built development associated with the Corus steelworks and the urban area of Margam and Port Talbot. Transport infrastructure including the M4 motorway and South Wales mainline railway constitute strong linear elements within this generally level landscape.

The route passes through two key distinctive character areas Port Talbot Docks and steel works to the north and Margam Marsh. In addition the proposed road runs adjacent to the urban areas of Port Talbot and Margam.

PLANDEV-110111-REP-EN-GW Page 148 of 204 Predicted Impacts:

Potentially the most significant landscape impacts would be upon the open grass/marshland and sports fields at the southern end of the proposal, properties on Byass street and Min y Don adjacent to Cefn Gwrgan Bridge and residential properties on Lower West End and Tyn – y-Caeau.

With regard to the former, the route will pass through the Corus Sports fields built on a raised embankment and from there across grazed fields to the Tyn Y Caeau roundabout at the proposed junction with the A48. A link road is also proposed from the roundabout to the proposed biomass 2 plant.

Mitigation along the line of this section includes planting to link existing vegetation into the landscape. Further planting is proposed on the embankments and help integrate and reduce the impact of severance of fields and boundaries.

With regard to visual impact it is considered that the bridge over the railway at Cefn Gwrgan would have significant visual impact upon properties in Byass Street and Min y Don. However, it should be noted that as a result of the re engineering of the bridge at the Cefn Gwrgan the height has been reduced by approximately 1.2 metres from 10 metres to 8.8 metres above the level of the railway excluding the parapet which is 1.5 metres in height compared to the previously approved scheme. This will be in view from the rear elevations and gardens of these properties being approximately between 30 and 38 metres away. Although the existing view is considered to be poor when viewed against the large scale development of Corus. The proposed route lies in the foreground and constitutes a significant intrusion to the existing view. In mitigation a bank approximately 10 metres in depth with a slope of up to 1 in 2 will be planted against the wall of the bridging structure. In the short term this will have minimal effect however it is concluded that the impact over time will result in moderate adverse affect.

In respect of West End, due to the proximity of the road to the lane at the rear of the properties, only limited embankment planting can be carried out. In view of the noise issues a 2m high environmental barrier is proposed to be erected at the top of the embankment. The barrier would comprise of steel posts with close boarded wood panels. It is considered that once the embankment landscaping begins to mature, then this would help soften the visual impact.

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In conclusion the main impacts on the landscape character of the area will be experienced in the southern section of the scheme where it crosses the levels and open pasture. It is considered that as a result of the proposed mitigation, the significant impact upon these areas will be reduced to minor. In addition it is considered that the PDR will have no significant impact on the other three character areas crossed by the scheme. With effective mitigation the scheme could improve the landscape quality of the Old Port Talbot Docks area. With regard to Cefn Gwrgan and West End, whilst there will be some visual impact the mitigation will help to reduce this. On balance, it is considered that the need for the scheme and the policy presumption in favour of the scheme outweighs the visual impact.

Traffic, Highway and pedestrian safety:

The construction of the road will involve the importation of some 300,000 m3 of fill material. One source of fill, if appropriate, would be the large stockpile of Margam slag adjoining the Corus Works. However, if this is not suitable the source would be off site. It is proposed to restrict access to junction 38 and junctions 41/42 of the M4, the latter using the constructed section of the PDR. It is considered that, whilst there would be a large increase in vehicular movements into and out of the site, the primary road network is capable of absorbing this for the temporary period.

The route will cross the Arnallt Brook culvert and a ditch within the Corus Sports and Social Club sports fields. The culvert will be assessed for structural integrity and if necessary appropriate strengthening works will be undertaken. The ditch will be piped under the road. A pedestrian access underpass will cross the PDR in order to accommodate a natural gas feed to Corus. This will allow access for the Corus Sports & Social Club members, groundsmen and course maintenance machinery to land severed by the PDR. It is estimated that the construction of the PDR will require the importation of 320,000m3 of fill and sub-base material. This quantity together with the importation of all other building materials (kerbing, surfacing material, drainage material, fencing etc.) equates to approximately 40,000 material lorry deliveries to site. Waste produced from Corus, commonly known as Margam Slag is processed in the Port Talbot works by Tarmac Ltd. If it conforms with the specification it will

PLANDEV-110111-REP-EN-GW Page 150 of 204 be used as an onsite source. Delivery of all materials will be controlled contractually by restricting the contractor to delivering to site off Junction 38 or Junction 41 at Sunnycroft and along the PDR 1B and 1C and thus preventing vehicles using the adjacent residential streets, the A48 and Water Street. There are a number of licensed landfill sites, which will take inert, and non hazardous industrial/commercial waste including two in NPT. The contractor will determine where waste will be deposited. Once operational, the predicted changes to the local highway network for the year 2012 are as follows:- · The southern end of the A48 through Margam would have a reduction in traffic flow of up to 78% · Traffic flow on stage 1 of the PDR would increase by about 4% · There would be a small transfer of traffic from the A4107 (Afan Valley Road) to the B4286 ( Road) to access the PDR · Traffic on the M4 would be reduced by about 2% between junctions 39 and 41 In respect of the town centre the predicted changes are: · Significant reduction on roads in the town centre · A 24% reduction along the A4107 Abbey Road · A reduction between 17% and 26% through Taibach With regard to predicted traffic flows on the M4 in the year 2027 there would be a 5% reduction between junctions 40 and 41, 2% reduction between junctions 41 and 42 and a 7% reduction between junctions 39 and 40. It is considered that the proposal would improve traffic congestion through residential areas, the town centre and the M4. With regard to cyclists and pedestrians it is considered that the scheme is likely to have a slight impact on relief from existing severance for pedestrians crossing the A48 within the study area to reach significant community facilities. This would constitute a positive effect of the scheme, which would be of minor beneficial significance. The assessment has found that the PDR will affect pedestrian and cyclist journeys along Cefn Gwrgan Road and Llewellyn’s Road, as these routes will be temporarily severed by the new PDR. Pedestrian access will be maintained along Cefn Gwrgan Road during construction via a temporary footbridge, and following construction, via a new access road and new

PLANDEV-110111-REP-EN-GW Page 151 of 204 footbridge over the main railway line. Crossing facilities at the new Llywellyn’s Quay roundabout will maintain access by foot to the Industrial Estate and Llewellyn's Quay. Temporary crossing facilities will be in place during the construction phase. The impacts of these affects has been assessed as slight, which would reduce to no impact. The Head of Engineering and Transport (Highways) The Head of Engineering and Transport (Highways) has no objection to the development subject to conditions.

ENVIRONMENTAL QUALITY:

AIR QUALITY AND HUMAN HEALTH: The site adjoins the Authority’s Air Quality Management Area which runs for approximately 1.8 miles between the M4 and the railway line from Junction 40 to Junction 39 of the M4. In respect of effects on air quality, this needs to be assessed for both construction and operational phases. The applicant has gauged the impact of the development using screening software (DMRB). Construction The main impacts are likely to occur as a result of dust and vehicle emissions, with limited impacts from treatment of contaminated land. The main effects from dust generated by earthworks and vehicle movements are likely to be localised. The closest residential areas are those of Byass Street, Brynhyfryd Road, Knox Street, Saltown Street and Min-y-Don in Margam and lower and upper West End Roads in Taibach, whilst a detached property, Tyn y Cae in Margam lies adjacent to the road. It is proposed to submit a Construction Environmental Plan prior to commencement of site preparation. This will detail dust suppression measures. It is considered that whilst there are likely to be temporary dust impacts, subject to the implementation of suppression measures, these will be kept to an acceptable level. This can be secured by condition. Operational The main impact would be in vehicle emissions, whilst the atmospheric emissions will increase in the vicinity of the new road, reduction of emissions would also occur in the vicinity of the M4 and A48. Improvements in air quality are expected over 17.35 km of roads, deterioration over 12.81 km and no change over 6.75 km. The contribution of vehicle emissions to local pollutant levels is not

PLANDEV-110111-REP-EN-GW Page 152 of 204 significant beyond 200m from a road. The Unitary Development Plan states that proposals for new or expanded activities or developments will be resisted on air quality grounds in the following circumstances: a) Within the Taibach/Margam AQMA or Air Quality ActionPlan Area where the activity or development will create significant additional PM10 within the AQMA and give rise to significant risk of additional breaches of the Air Quality Objective; b) Where the development or activity will cause a significant risk that any of the local Air Quality Objectives or Limits Values set by the Assembly Government or established Environmental Bench Marks for other air pollutants will be breached. Any such proposals will be assessed in accordance with the methodology in the Environment Agency Horizontal Guidance Note IPPC H1: “Environmental Assessment and Appraisal of Bat Module 3 Quantify Impacts – ISBN 011 3101082. The predicted concentrations show the largest increases in nitrogen dioxide (NO2) are at West End and Byass Street where 11% and 6% increases are expected respectively. However, these increases in concentration are not sufficient to cause a breach of the annual averaged Air Quality Objective for NO2 (40ug/m³). The Environment Agency H1 guidance states that process contributions may be considered insignificant where they amount to less than 1% of the long-term environmental standard. These emissions exceed the criteria for insignificance but in no case does the impact from the development combined with background emissions exceed 70% of the annual averaged Air Quality Objective for NO2. This is the figure which if exceeded is considered to merit detailed dispersion modelling. Air Quality Objective (AQO) for PM10 can be defined in two ways. The first (long-term AQO) is on the basis of the annual average concentration of 40ug/m³. The second (short-term AQO) states that the daily averaged PM10 concentration of 50 ug/m³ should not be exceeded on more than 35 days per year. The annual averaged Air Quality Objective is not expected to be exceeded at any location. The greatest percentage impacts are once again at West End and Byass Street, with 2.1% and 1.1% respectively. These increases are greater than the 1% insignificance level specified in the Environment Agency guidance for long-term emissions. However, in neither instance does the impact from the development combined with

PLANDEV-110111-REP-EN-GW Page 153 of 204 background emissions exceed 70% of the annual averaged Air Quality Objective for PM10. Therefore detailed dispersion modelling is not required in these instances. The 70% criteria is exceeded at three locations but these are sites where improvements in air quality arises as a consequence of the development and this level would have been exceeded anyway. Percentage increases of 9.5% and 5.2% were predicted for the short-term AQO. The Environment Agency guidance states that anything less than 10% of the short term standard may be considered insignificant. On this basis, these contributions which amount to an extra 1.8 and 0.9 days of PM10 exceedance are insignificant. However, the UDP criterium a) must also be satisfied and may be different from that in Environment Agency Guidance. These two locations are not the locations where the short-term AQO are predicted to be breached by the model. Neither are they within 70% of breaching the AQO. The model shows that the short-term AQO is expected to be breached at one location, but the development will bring improvements over the "do nothing" scenario. It is also worth noting that the impact assessment was carried out before recent improvements in compliance with short-term AQO for PM10, which have been evident in 2009 and 2010. There were 15 exceedances in 2009 and 12 so far in 2010, so the compliance situation is much improved within the AQMA. Public Health Wales and the Health Protection Agency have stated that the local authority should be satisfied that the air quality from traffic emissions will not be significant that dust prevention measures are sufficient to prevent nuisance and exposure to PM 10 at the most sensitive receptors during construction.

In response the air quality section has stated that the impact from traffic in terms of NOx and PM10 has already been assessed by the applicant using the DMRB model. This did not show that air quality objectives would be breached as a consequence of the development. It is also noted that the road will pass quite close to the AURN monitoring station at Port Talbot Fire Station, which will continue to measure NOx and PM10 during the construction and operational phases. The applicants compliance with dust control during construction will be subject to rigorous scrutiny. As such the Air Quality section offers no objections with regard to the proposal. The impact from the development is therefore considered to be acceptable, and that any localised reduction in air quality is outweighed by the wider improvements in air quality and the wider benefits of the scheme.

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NOISE AND VIBRATION:

The building of the PDR Stage 2 has the potential to result in increased traffic noise at properties which have facades facing the proposed route, and decreased traffic noise at properties close to the A48. The predictive calculations have shown that noise impacts previously identified along West End are likely to be successfully mitigated through the use of a quiet road surfacing material and an environmental barrier. However, there is still the potential for adverse impacts to be experienced in other areas of Port Talbot as a result of the scheme. The resultant noise levels are predicted to be relatively low and will be masked to a degree by existing noise sources such as the railway and Corus. As such no further mitigation is considered necessary.

The DMRB (Design Manual for Roads and Bridges) 11 assessment has shown that there are a much greater number of residential properties located within 300m of the A48 and PDR, which are likely to experience a beneficial impact than those experiencing an adverse impact as a result of the new road. Although, there are properties which may experience a significant increase in nuisance level as a result of the new road, this is due to the artificially low noise levels modelled for the baseline and Do- Minimum scenario and hence increases in nuisance are unlikely to be as high in practice. Furthermore, this increase in nuisance represents the worst-case rise in nuisance level which is generally experienced in the initial period following the opening of the PDR. Consequently, the increase in nuisance for some properties will represent a temporary increase, which will be lower in the long term. As mentioned above, some of the properties experiencing a rise in traffic noise and associated increase in nuisance will also experience a fall in traffic noise at the façade closest to the A48. For the purpose of the DMRB11 assessment the worst-case impacts have been taken as representative for that property. However, in reality, the location of noise-sensitive rooms, such as bedrooms and living rooms, will determine the overall impact of the PDR on these residential properties. The greatest risk of ground vibration being introduced as a result of road vehicle movements is at the elevated section of the Cefn Gwrgan rail crossing. However due to the distance between this bridge and the residential properties, it is considered that any ground vibration will be imperceptible. The DMRB11 assessment has identified that changes in vibration nuisance will be limited as a result of the scheme. The implementation of a noise and vibration management plan should ensure that adverse impacts during the construction phase are minimised as far as reasonably practicable. However, it is considered

PLANDEV-110111-REP-EN-GW Page 155 of 204 likely that there will still be some disturbance experienced for residential properties, which have facades which face the new scheme.

The Head of Business Strategy And Public Protection (Noise) has commented that the increase in noise to the closest properties is likely to be significant at times, however, this would occur over a temporary period and it is considered that subject to a detailed noise mitigation scheme being agreed and implemented and agreed hours of working, these impacts are acceptable, in view of the long term general benefits of the new road.

LAND CONTAMINATION:

Areas of the development site in particular those between Port Talbot Docks and Cefn Gwrgan rail crossing have been utilised for potentially contaminating industrial activities.

Previous land uses include works associated with Corus steelworks, coking works and associated gas holder, tin plate works, Margam Copper Works, Margam coal stockyard and numerous railway sidings. The majority of the route comprises of made ground with some shallow topsoil.

The majority of the route comprises of made ground, some with shallow topsoil. Generally the road would be constructed on a shallow embankment of imported clean/inert material, however piled foundations will be required at the Cefn Cwrgan railway crossing and the Corus access road bridge, and there will be areas of cut and fill, dewatering and new drainage works. It is estimated that between 15% and 30% of excavated material in some locations may be contaminated to a degree that requires off site disposal to approved land fill sites.

The land contamination unit and EA have responded and have raised no objections subject to conditions.

Conditions imposed on the previous application (P2007/0292) included requirements for detailed investigation, methodology and mitigation measures with regard to ground contamination these conditions will be re imposed.

PLANDEV-110111-REP-EN-GW Page 156 of 204 Impacts on human health:

It is considered that risks to human health resulting from land contamination would be to construction and future maintenance workers. However, the degree of significance depends on the amount excavation into the existing made ground. The environmental statement envisages that little excavation is planned therefore the significance /risk posed to human health is seen as negligible. Furthermore, in areas where excavations are required it is considered that standard land site health and safety procedures can effectively mitigate any risk. The mitigated human health significance of contamination during the construction development is therefore considered to be negligible.

The Land Contamination Unit, the Environment Agency and Health board have all responded with no objections subject to conditions.

Water quality and drainage:

The PDR may potentially impact upon the hydrology and chemical water quality of a number of surface water features that are present along the proposed route. Details on groundwater conditions and vulnerability are provided in the contaminated land section. The principal surface water features that may be impacted along the alignment of the route are:

Llewellyns Quay

To identify and predict impacts of the scheme, local water quality and hydrological conditions for each surface watercourse and feature has been examined on an individual basis. The predicted potential impacts have been considered for both construction and operational phases of the proposed road scheme together with mitigation measures which can be broadly divided into main areas

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risk, allow abstraction to be supported and maintained and the protection of ecological wetland areas.

The significance of impacts upon the watercourses will be dependent on the requirement for works to the culverts. Of the two identified rivers the Ffrwd Wyllt is considered to present a more sensitive receptor to potential impacts due to the presence of a migratory salmon population that will pass through the lower reaches of the river where the works are proposed to reach upstream spawning areas. The works within the river are now limited to those associated with the replacement of the inlet grille to the culvert. There is potential for these works to affect water quality and so methods of working are to be agreed with the EA. Significant impacts on water quality may occur towards the south end of the proposed route, in the absence of suitable mitigation, in the area associated with the Mother Ditch system and its two ponds during the construction phase. The watercourse forms part of an important ecological wetland area, land drainage system and abstraction supply. A key issue is the potential for disruption of the existing hydrological regime. Part of the route crosses some of the drainage channels and passes through the indicative floodplain area. The significance of any potential impacts will be dependent on the timing and approach to the works in conjunction with the developed drainage strategy. However, it should be considered that the ditches that may be affected are towards the periphery of the drainage channel system and remote from the main area of important wetland habitat. This will reduce the significance of the impacts on this wetland ecosystem.

The proposed drainage system for operational use of the road, through its use of lateral ditches and attenuation ponds should allow improvements of water quality, resulting from self-purification through detention, prior to discharge into receiving watercourses. Such discharge mechanisms will be subject to approval by the Environment Agency.

In addition to the road scheme the application also includes the re routing of the 66KV feed adjacent to Margam Moors but outside the SSSI.

Although separated by Heol Cae Bont the proposed cable route is in close proximity to the Margam Moors SSSI and these areas are likely to be connected through the network of drainage ditches which exists on the

PLANDEV-110111-REP-EN-GW Page 158 of 204 moors. There is therefore the potential for impacts on the SSSI through the pollution of ditches with sediment rich run-off or concrete used to construct ditch crossings. This would be considered to be a slight negative impact as its effects would be temporary and limited to the duration of the construction period. The construction of the cable diversion would result in the loss of a small area of grassland much of which is of low value. The construction of the cable route could result in a beneficial effect on the quality of the fields and their suitability for lapwing by acting as a bund along Heol Cae Bont and achieving part of the improvements recommended by the feasibility study undertaken for NPTCBC. However with bunds being constructed on the other side of these fields it is unlikely that periodic flooding required would occur. As a result the impact on the grassland areas is considered to be neutral. The construction work is also likely to result in the disruption of bank side vegetation on ditch crossings. This would also be a slight negative impact.

As reptiles are known to be present within the local area and grass snakes are very likely to be present, there is the potential for the construction work to affect this species through increased mortality if animals are unable to move out of the way of construction vehicles. This would result in a slight negative impact. The removal of trees and scrub could impact on nesting birds depending on the timing of the works. This would also result in a slight negative impact.

With regard to the construction of the road there are a number of significant mitigation measures included within the Environmental Statement relating to the construction phase. These relate mainly to the drainage channels and ponds located at the southern end of the proposed route due to infilling. Therefore specific mitigation methods are provided for this area providing mitigation ponds as replacements. Where the proposed route crosses the outlying drainage channels associated with the mother ditch system channel works will be required including the diversion of an existing drainage channel.

The Environmental Assessment concludes that impacts of the proposal will have a minimal impact on the majority of water courses during construction given the adoption of mitigation measures. As all principle watercourses are considered to be sensitive receptors given their high quality water status stringent environmental protection methods will need to be adopted during the construction process. The proposed drainage system for operational use of the road through its use of lateral ditches and attenuation ponds should allow improvements in water quality.

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The Environment Agency has raised a number of issues with regard to flood risk and the proposed drainage scheme. It is accepted that the proposals to construct an overflow channel together with a new inlet trash screen, on top of the existing Ffrwd Wyllt culvert will decrease the existing risk of flooding from the culvert inlet. However, the proposed mitigation features in the form of a Flood Relief Culvert have not demonstrated to the Environment Agency’s satisfaction that they will negate the impact of the highway embankment, which is affectively presenting a dam-like obstruction to overland water paths without an adequate outlet. There is also no indication of who will be responsible for maintenance of the new system, in particular the grids.

With regard to the drainage strategy there have been concerns raised with respect to surface water discharges to the mother ditch system, the size of the Arnallt Brook culvert and the rate of discharge into the dock.

However, Environment Agency has raised no objections to the proposal providing that conditions are imposed dealing with these concerns.

ECOLOGY:

As part of the proposed Stage 2 PDR planning application two distinct areas have been the subject of Phase 1 ecological surveys. Firstly within the alignment of the road and secondly the re alignment of the 66kv power cables.

An extended Phase 1 Habitats survey has been undertaken. This assessment was originally compiled in 2006, using information based on ecological surveys undertaken from July to October 2006, together with a review of previously existing data, and surveys carried out in 2002. Following additional surveys in 2009 and alterations to the route alignment this assessment has been updated. The surveys undertaken in 2009 provided additional information on areas which were not previously surveyed due to access restrictions. The assessment examines wildlife habitats, including designated protected sites, and flora (vegetation) and fauna (animal species), including statutorily protected species.

The study area passes through an area of agricultural pasture, semi- improved and marshy grassland, wet woodland, reedbeds and reen systems in the south to sports fields and coastal docks and industrial buildings and yards with rural habitats in the central part of the study area and river and coastal wetlands in the north.

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The site has numerous habitats of nature conservation value including a diverse range of wetland and grassland habitats. These habitats support protected species including birds, reptiles and butterflies.

The proposed route will result in the loss of a majority of the scattered scrub and semi-improved grassland (approximately 3.63ha) north east of Llewellyn’s Quay with only a small area remaining to the north east of the area. This habitat is included under the UK BAP Priority Habitat plan for lowland meadows. The remaining fragmented areas (approximately 1.27ha) will be severely disturbed and isolated from similar habitats making it more likely to be adversely affected by future developments. The eastern part of the mosaic of species-rich grassland and scrub between West End and Llewellyn’s Quay will also be lost with a probable reduction in size of the grass vetchling colony. These impacts will affect the invertebrate interest of the grassland including the Small Blue Butterfly colony known to be on site.

One of the plantation woodland areas on the northern edge of this grassland will be lost completely. The other will be partially lost with the remaining woodland subject to disturbance while construction continues. Within these two areas are two man-made ornamental ponds, both of which are likely to be lost completely. The grassland between Llewellyn’s Quay and West End will also be lost reducing the grassland habitat in this area further and producing additional losses of invertebrate and other species.

Within the Tata site the remaining scrub areas should not be lost except at the southern end of the site adjacent to the dismantled railway. The former blast furnace site will be partially affected and this will result in some habitat loss as the area is currently being re-colonised. This loss will only impact on these plant species and not have a great impact on any other species in the area. The area of semi-improved grassland already disturbed by ground works will be lost along with an area further east. However, the grassland to the east of the embankment will be left, although some disturbance may occur during construction.

The northern section of the embankment will be lost to allow placement of the proposed roundabout but the rest will remain intact. This will provide a barrier to the grassland adjacent to the railway reducing any disturbance effects. The embankment will be subject to disturbance. The grassland to the south of the plantation will be lost along with the scrub dominated area to the south. A majority of the mixed plantation

PLANDEV-110111-REP-EN-GW Page 161 of 204 woodland will also be lost with a small strip to the west remaining.

The southern portion of the Tata Sports and Social Club site will be lost with a small area left to the south and a larger area to the north. A significant area of the northern ornamental pond will be lost with the remainder subject to high levels of disturbance. However, this will be replaced by another water body as part of the road drainage system. The southern pond should remain largely unaffected.

A small proportion (approximately 0.22ha) of the Wet Woodland Priority Habitat to the south of the recreational grounds will also be lost. However, this is localised around the north east arm of the woodland. This will prevent any significant affects on the main woodland section although it does result in a small woodland patch being left isolated to the east. This section of the woodland was noted to be drier than that to the west, although it was still species rich and contains a small reed bed area, dominated by Common Reed around the pylon which is a UK BAP Priority Habitat. This reedbed should be retained even though it may be affected by disturbance during construction and potential hydrological changes.

An area of marshy grassland / rush-pasture between Ty’n-y-Caeau and the Tata Sports and Social Club will be lost. This area is likely to be of importance for invertebrates and reptiles. This lost is as a result of the amendments to the route alignment which mean that the area of ancient woodland to the south of Ty’n-y-Caeau will not be affected by the scheme although some felling has been undertaken in this woodland between the different surveys undertaken as described above.

Habitats of limited ecological value including scrub and improved grassland between the Tata Sports & Social Club, Ty’n-y-Caeau and the A48 will be affected by the scheme.

The proposed storage compounds within the Tata site and in the industrial estate to the north will not result in any further habitat losses. However the compound to the southern end of the scheme adjacent to Junction 38 may result in further losses of hedgerows in this area along with an area of improved grassland. Given that both of these habitats are species poor the impacts of these will be minimal.

A small number of ditches will be bisected, one of which is a large permanently wet ditch and another which feeds the ponds on the golf course and the last which is seasonally wet. This is likely to ultimately

PLANDEV-110111-REP-EN-GW Page 162 of 204 affect the wetland habitat system of the site. However since the ditches directly affected by the route are peripheral in nature these potential impacts are minimal

The Arnallt Brook should not be impacted by the proposed development since this is already culverted. However if this requires refurbishment or strengthening then there may be potential increase in upstream flooding and potential pollution impacts.

The Ffrwd Wyllt River will be diverted temporarily in order to fit a new inlet grille to the culvert. This river contains both the freshwater Brown Trout and the migratory form of the species, the Sea Trout These are sensitive to pollution and vulnerable to any works to the watercourse during the main migratory period of fish returning to the river to breed. This period is between May and October.

With regard to the proposed 66kv cable route, any effects on the local habitat will for the most part be confined to the ditches within the area the issues of which have been addressed in the previous chapter.

Fauna

The following information is the result of the Phase 1 Habitat Survey has been undertaken which assess all aspects of flora and fauna together with more detailed specialist surveys for amphibians including Great Crested Newts and breeding bats and birds.

Otters

An otter survey did not reveal any species, although it is likely that they are using the general area.

However, only a small part of a woodland block to the south would be lost. It is unlikely that the area is used as a resting place as it is small and of less value than the remaining larger part of the woodland to the west. No severance of potential otter resting habitat would occur as the waterways and otter woodland and scrub areas are unaffected.

Amphibians and Great Crested Newts

No evidence of any amphibians, including Great Crested Newts, was observed.

PLANDEV-110111-REP-EN-GW Page 163 of 204 Water Voles

No signs of water voles were recorded and there is no known high population within the immediate locality of the site.

Badgers

No evidence of badgers was located and a reported sett on a brownfield site near to the roadline was investigated but was not there. There was no evidence of badger activity within the vicinity.

Bats

The initial walkover survey showed there to be very few potential bat roosts along the proposed development route with only four potential tree roosts identified in the woodland to the south of Ty’n-y-Caeau. The surveys in 2009 found that these trees had been felled. The railway and brick river bridges in the area were identified as potential roosts and it was recommended that if these are to be affected by the route that spring emergence surveys are carried out beforehand.

Soprano pipistrelles were seen and heard during both of the direct bat flight surveys at the woodland to the south of Ty’n-y-Caeau when roost emergence could be expected.

Common pipistrelles were heard in the area on the second visit but these appeared around half an hour after the expected emergence time and are assumed to have travelled to the site from elsewhere. No other bat species were found at the site however the surveys were conducted late in the season and the possibility of other species use of the area should be further investigated.

The survey in 2009 identified a pipistrelle roost in Ty’n-y-Caeau, but no bats were observed emerging from the Cefn Gwrgan Railway Bridge.

Birds

An array of breeding birds was recorded within and adjoining the site. In respect of their conservation status, the house sparrow, spotted flycatcher, starling, skylark, song thrush, linnet, bullfinch and reed bunting are on the JNCC red list, whilst the gold crest, house martin, willow warbler, dunnock, tree pippet, lesser red poll, grey wagtail and snipe are on the amber list. The removal of sections of habitats will directly affect

PLANDEV-110111-REP-EN-GW Page 164 of 204 breeding areas of some of the above species and other non protected birds. Mitigation proposed includes removal of breeding habitat during non breeding season, additional planting of trees and shrubs, translocation of certain grasslands and replacement ponds. During the surveys in 2009, signs of barn owl roosts were identified in an outbuilding at Ty’n- y- Caeau it is considered that this is used infrequently.

Reptiles

Slow worms, grass snakes and lizards were recorded in the area, predominantly within the Corus recreation areas. Mitigation measures would include fencing and preparation of basking areas and provision of vegetation heaps for use as suitable egg laying areas.

Invertebrates

Marshy grassland and semi improved grassland and scrub areas provide habitats for invertebrates such as butterflies, moths and dragonflies. Translocation of semi improved grassland identified as habitat for the small blue butterfly will be undertaken. Shrill Carder bees are known to inhabit areas to the south of the proposed road, it is intended to include suitable habitat within the areas of landscaping along this section of the road in order to encourage the spread of this nationally important species.

A series of mitigation measures are proposed, these include:

 Replacement of lost ponds and water areas  Planting of native trees and maintenance of retained areas  Translocation of habitats, where practicable  Removal of invasive plants  Disturbance to waterways within 30m of the banks to be minimised  Measures taken to prevent pollution  Otter protection arrangements  Timing of construction works to avoid the bird nesting season  Bat boxes to be placed in adjoining retained trees  Licence to remove bat roost tree  Reptile translocation and fences  Translocation of butterfly habitat  Minimum disturbance to adjacent areas during construction  Monitoring of ecological features

PLANDEV-110111-REP-EN-GW Page 165 of 204 Biodiversity Unit and the Environment Agency have raised a number of concerns with both regard to the area affected by the re routing of the 66kv cable and the submitted habitat management plan. However, no objections have been raised subject to the imposition of conditions.

The Environment Agency have also expressed concerns relating to the water quality monitoring report and affects upon the existing flow regime but again this can be dealt with by condition.

Both the Environment Agency and Biodiversity Unit have identified the not native arthropod species, Dikerogammarus villosus, or invasive shrimp' has been found in the Mother Ditch. This species poses a serious threat to the ecology of the aquatic environment and there are concerns that it poses a risk to the sensitive ecology of the adjacent designated site, Margam Moors SSSI. As such it is advised that a habitat management study be carried out to ascertain any threat to the SSSI.

It is considered that any losses to biodiversity are outweighed by the need for the road and the policy presumption in favour and that the mitigation measures are adequate to deal with any potential losses.

Conclusion:

The proposed Peripheral Distributor Road (Amended) will provide a direct access from the M4 to the Docks and Town Centre. The road is of major economic and social significance to the well being and regeneration of the town and the development and regeneration of the Docks and Tidal Harbour. The road would also reduce traffic through Margam/Taibach, Abbey Road and the Town Centre as well as relieving congestion on the Port Talbot section of the M4.

It is inevitable that a road of 4.5 km in length through an urban and rural area will have impacts. Whilst mitigation is proposed, particularly with ecological, landscape and noise, the most significant impact will be to the residents adjoining the Cefn Gwrgan railway bridge and the residents of West End. The railway bridge will be an imposing structure at the rear of properties and in view of its height, cannot be screened. There would also be an increase in noise levels. In addition, its construction is likely to occur during night time in order to reduce the disruption to main line rail services. In respect of West End, the rear of houses will look onto a 2m high screen wall on top of a 2m high road embankment and there will be increases in noise and air pollution. However, with regard to the latter, this will still comply once operational with the AQO.

PLANDEV-110111-REP-EN-GW Page 166 of 204

The detailed route and design criteria for the road has been thoroughly assessed and whilst mitigation through planting and agreeing construction hours will assist in alleviating these impacts, it is considered that there are no further amendments that can be made to overcome these impacts. It is considered that the strategic importance of this road the policy presumption in its favour and the benefits that would accrue to the Port Talbot area outweigh these impacts and that consent be granted subject to conditions.

In reaching the recommendation below, the Authority has taken regard to the environmental information submitted within the Environmental Statement, the comments of statutory consultees on the information supplied, and the comments/observations provided by members of the public. In addition, all relevant European directives, legislation and regulations have been taken into consideration.

As referred to earlier in the report, the line of the PDR departs from the line in the UDP in the vicinity of Tyn y Caeau, Margam, connecting to the A48 rather than directly to Junction 38. Whilst this is considered to be a minor departure from the Development Plan, because this proposal is for development by the Authority, should Members be minded to grant approval, the application must be referred to the Welsh Assembly Government to accord with the Town and Country Planning (Development Plans and Consultation) Directions 1992.

RECOMMENDATION:

That the Council be minded to grant planning permission, subject to the following conditions, and that should the Welsh Assembly Government respond that they do not wish to call the application in for their determination, that planning permission be granted.

CONDITIONS;

(1)The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

Reason

To comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

PLANDEV-110111-REP-EN-GW Page 167 of 204 (2) Prior to the commencement of development a Habitat Management Plan shall be submitted to and approved in writing by the Local Planning Authority. This shall include details of methods and timings of mitigation measures for the loss of habitat and fauna, management of habitats to be retained, translocation of habitats and species, programme for the capture and release of reptiles and their receptor area details, timing of tree and vegetation clearance, details of replacement woodland and planting, bird nesting boxes, bat roosting boxes and monitoring, planting and seeding which shall include species for support of the Shrill Cader and other bee species. The Plan shall be implemented as approved.

Reason

In the interest of biodiversity.

(3) Where any species listed under Schedules 2 or 4 of the Conservation (Natural Habitats, etc.) Regulations 1994 is present on the site in respect of which this permission is hereby granted, no works of site clearance, demolition or construction shall take place in pursuance of this permission unless a licence to disturb any such species has been granted in accordance with the aforementioned Regulations and a copy thereof has been produced to the Local Planning Authority.

Reason

To safeguard ecological interests on the site.

(4) Prior to the commencement of development, a noise and vibration management plan for the construction phase shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include hours and days of working, including any nighttime working, mitigation proposals and a monitoring regime and shall be implemented as approved.

Reason

In the interest of amenity.

(5) Prior to the commencement of development a scheme to deal with the risks associated with contamination of the site shall be submitted to and approved in writing by the Local Planning Authority. That scheme shall include all of the following elements unless specifically excluded, in writing, by the Local Planning Authority.

PLANDEV-110111-REP-EN-GW Page 168 of 204 1. A conceptual model of the site indicating sources, pathways and receptors.

2. A site investigation scheme, based on (1) to provide information for an assessment of the risk to all receptors that may be affected, including those off site.

3. The results of the site investigation and risk assessment (2) and a method statement based on those results giving full details of the remediation measures required and how they are to be undertaken.

4. A verification report on completion of the works set out in (3) confirming the remediation measures that have been undertaken in accordance with the method statement and setting out measures for maintenance, further monitoring and reporting.

Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved.

Reason

In the interest of safety and to prevent pollution of the water environment.

(6) Should any contaminated material be found/observed, not covered in the above, no work shall take place on that land until a further risk assessment and mitigation report has been submitted to and approved in writing by the Local Planning Authority.

Reason

In the interest of safety and to prevent pollution of the water environment.

(7) No development approved by this permission shall be commenced until a Method Statement detailing all necessary pollution prevention measures for the construction phase of the development has been submitted to and approved in writing by the Local Planning Authority. The Method Statement shall identify, as a minimum:

- storage facilities for all fuels, oils and chemicals

- construction compounds, car parks, offices etc.

- details of surface water drainage arrangements to be installed to intercept and treat contaminated surface water run-off

PLANDEV-110111-REP-EN-GW Page 169 of 204 -details of measures to ensure no polluting discharge from haul raod / disturbed areas

-details of the nature, type and quantity of materials to be imported on to the site measures for dealing with any contaminated material (demolition waste or excavated waste).

Identification of any buried services such as foul sewers so that they are protected.

Reason

To prevent pollution

(8) The development hereby permitted shall not be commenced until a scheme for the disposal of surface waters has been submitted to, and approved in writing by, the Local Planning Authority. The scheme shall be implemented as approved.

Resaon

To prevent pollution of the water environment

(9) Unless otherwise agreed in writing no development shall take place until there has been submitted to and approved in writing by the local planning authority a scheme for landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, taking into account potential growth, together with measures for their protection in the course of development. This scheme shall be carried out in the first planting season after completion of the development or its occupation, whichever is the sooner and any trees or plants which within a period of five years are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and the same species, unless the local planning authority gives written consent to any variation.

Reason

In the interest of visual amenity and to accord with Section 197 of the Town and Country Planning Act, 1990. (10) Notwithstanding the provisions of the Town and Country (General Permitted Development) Order 1995 as may be applicable (or any order

PLANDEV-110111-REP-EN-GW Page 170 of 204 revoking or re-enacting that order) no tank for the storage of oils, fuels or chemicals shall be erected within the curtilage of the development unless it is sited on an impervious base and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the volume of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and sight glasses must be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets must discharge downwards into the bund.

Reason:

In order to prevent pollution of the water environment.

(11) Prior to the commencement of development, a scheme for the monitoring of the hydrology of the Mother Ditch and the Margam Moors SSSI shall be submitted to and approved by the Local Planning Authority. The scheme shall include mitigation measures should any adverse impact be detected that is attributable to the construction of the road.

Reason

To protect the Margam Moors SSSI and water regime.

(12) Prior to construction details of the external materials and colour of the parapet on the railway crossing bridge at Cefn Gwrgan shall be submitted to and approved by the Local Planning Authority and implemented as approved.

Reason

In the interest of visual amenity.

(13) Prior to work commencing on any retaining structures or bridges, details shall be submitted for approval in writing by the Authority, including calculations, and the details shall be implemented as such prior to first use.

Reason

In the interest of highway safety.

PLANDEV-110111-REP-EN-GW Page 171 of 204 (14) Prior to work commencing on site, a scheme showing:

i) Longitudinal and vertical carriageway alignment

ii) Surface water drainage proposals including gully and manhole positions, pipe sizes and gradients

iii) All calculations for attenuation ponds

iv) Street Lighting proposals shall be submitted to and approved by the Local Planning Authority and the scheme implemented as approved.

Reason

In the interest of highway safety.

(15) Prior to work commencing on site a scheme at a scale of 1 in 500 shall be submitted for approval detailing all roundabouts and their approaches, which shall be designed in accordance with TD16/93.

Reason

In the interest of highway safety.

(16) Prior to work commencing on site details shall be submitted for approval by the Authority showing all gated emergency access points and their method of control.

Reason

In the interest of highway safety.

(17) Unless otherwise agreed in writing with the Local Planning Authority, all hgv construction vehicles, including those engaged in the haulage of fill, shall access the site from either Junction 38 or Junction 41 or 42 (and thence via the PDR) of the M4 motorway.

Reason

In the interest of highway safety.

(18) Prior to being discharged to any watercourse, surface water drainage system, surface water feature (e.g. pond) or soakaway system, all surface water drainage from the highway shall be passed through trapped gullies with any overall capacity compatible with the development being drained.

PLANDEV-110111-REP-EN-GW Page 172 of 204

Reason

To prevent pollution of the water environment

(19) Prior to the beneficial use of any part of the development, a verification report demonstrating completion of the works as set out in the approved remediation strategy and the effectiveness of the remediation, shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a “long-term monitoring and maintenance plan”) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the local planning authority.

Reason

To demonstrate that the remediation criteria relating to controlled waters have been met and (if necessary) to secure longer-term monitoring of groundwater quality. This will ensure there are no longer remaining unacceptable risks to controlled waters following remediation of the site.

(20) Reports on monitoring, maintenance and any contingency action carried out in accordance with a long-term monitoring and maintenance plan shall be submitted to the local planning authority as set out in that plan. On completion of the monitoring programme, a final report demonstrating that all long- term site remediation criteria have been met and documenting the decision to cease monitoring shall be submitted to and approved in writing by the local planning authority.

Reason

To ensure that longer term remediation criteria relating to controlled waters have been met. This will ensure that there are no longer remaining unacceptable risks to controlled waters following

(21) Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater.

PLANDEV-110111-REP-EN-GW Page 173 of 204

Reason

To prevent pollution of the water environment. There is an increased potential for pollution of controlled waters from inappropriate methods of piling.

(22) Prior to the commencement of development a habitat management study shall be undertaken and submitted to and agreed in writing by the local planning authority. Within the study the developer shall incorporate research regarding the existence of the invasive, non-native arthropod species, Dikerogammarus villosus, or ‘invasive shrimp’, within the site area.

Reason

To protect the integrity and sensitive ecology of the local Margam Moors SSSI and other protected water bodies.

(23) Prior to the demolition of the buildings known as the Main Stores and the Armitage Stores pre-commencement survey for protected species (including bats) shall be carried out by a qualilified bat surveyor. The subsequent survey report shall be submitted to and approved by the Local Planning the Authority. The survey shall contain suggestions for mitigation measures if any protected species are discovered. If any protected species are discovered works should stop immediately and CCW should be contacted as a licence may be required to proceed with works.

Reason

In the interests of biodiversity

(24) Where any species listed under Schedules 2 or 5 of the Conservation of Habitats and Species Regulations 2010 is present on the site [or other identified part] in respect of which this permission is hereby granted, no works of site clearance, demolition or construction shall take place in pursuance of this permission unless a licence to disturb any such species has been granted in accordance with the aforementioned Regulations and a copy thereof has been produced to the local planning authority. Reason

PLANDEV-110111-REP-EN-GW Page 174 of 204 In the interests of biodiversity

(25) Unless otherwise agreed in writing with the Local Planning Authority prior to the section of Lower West End opening to public use that connects directly to the P.D.R. a scheme detailing a Traffic Regulation Order restricting access to the Lower West End shall be submitted to and approved by the Planning Authority. This scheme as approved shall be implemented within 3 months of the opening to public use of this section of the P.D.R.

Reason

In the interests of highway safety

(26) Prior to completion of the scheme hereby approved a maintenance regime shall be submitted to and approved in writing by the Local Planning Authority this scheme as approved shall be implemented thereafter.

Reason

In the interests of highway safety

(27) Unless otherwise agreed in writing with the Local Planning Authority prior to work commencing on the swales and ponds serving the scheme a Risk Assessment shall be carried out on the design works the findings of which shall be submitted to and approved in writing by the Local Planning Authority. Any works identified by this assessment shall be implemented prior to the first public use of that section of the scheme.

Reason

In the interests of highway safety

(28) Unless otherwise agreed in writing with the Local Planning Authority all roundabouts and their approaches shall be designed in accordance with TD16/93.

Reason

In the interests of highway safety

(29) All drainage discharge rates other than those directly discharging to the dock shall comply with the Greenfield rate (the details of which shall be submitted as part of condition 8).

PLANDEV-110111-REP-EN-GW Page 175 of 204

Reason

In the interests of highway safety

(30) Prior to first use by the public a lighting scheme shall be submitted to and for the written approval of the Authority this scheme as approved shall be implemented prior to first use by the public.

Reason

In the interests of highway safety

PLANDEV-110111-REP-EN-GW Page 176 of 204 3. PLANNING APPLICATIONS RECOMMENDED FOR REFUSAL

ITEM 3. 1

APPLICATION NO: P/2010/1081 DATE: 19/11/2010

PROPOSAL: CONSTRUCTION OF ONE DETACHED DWELLING AND GARAGE.

LOCATION: DARRAN COURT, ACCESS TO DARRAN COURT, NEATH ABBEY, NEATH SA10 6PS APPLICANT: MR TERRY MORGAN TYPE: Full Plans WARD: Dyffryn

BACKGROUND INFORMATION

Planning History

None

Publicity and Responses (if applicable):

Statutory Consultees:

Head of Engineering and Transport (Drainage): No reply received Biodiversity: No reply received Forward Planning: Objection Head of Streetcare Services (Arboricultural): No objections Dyffryn Ward: No reply received Dyffryn : No reply received

Site Notice erected.

Description of Site and its Surroundings:

The application site is 0.33 ha. In area located in the open countryside within the lands of Darran Court, Longford Neath. It must be noted that the application site is not within the residential curtilage of the existing property. Furthermore for the purposes of the Neath Port Talbot Unitary Development Plan (UDP), it has been designated as forming part of a

PLANDEV-110111-REP-EN-GW Page 177 of 204 Green Wedge.

Brief description of proposal (e.g. size, siting, finishes):

The applicant seeks full planning permission for a replacement dwellinghouse and detached garage in place of an existing dwelling that is no longer habitable by virtue of serious ground condition problems at the site which have resulted in the continued deterioration of the property.

The submitted plans indicate that the proposed replacement dwelling will not be located with the confines of the original properties curtilage, it is proposed to be situated approximately 115m away.

The dwellinghouse is proposed to have a maximum width of 19.5m, depth of 18m and height to ridge level of 7m. Materials used will comprise course rubble stone with natural stone quoins, artificial stone roof tiles and double glazed timber framed windows.

Turning to the proposed detached garage, this will involve the conversion of an existing dilapidated stone structure. The submitted plans show that the garage will have the following the dimensions; width 5.8m, depth 9.6m and maximum height to ridge level 5m.

Material Considerations: Policy Context:

Neath Port Talbot Unitary Development Plan:

Policy GC1 New buildings/structures and changes of use Policy ENV2 Green Wedges Policy ENV8A Replacement dwellings in the countryside Policy T1 Location, layout and accessibility of new proposals

The existing dwellinghouse is located within a countryside location and it is proposed to replace this dwelling with one located in a Green Wedge. Policy ENV2 is concerned with Green Wedges and identifies them to (1) protect the setting of built-up areas and (2) prevent urban coalescence. Any construction of new buildings within a Green Wedge is likely to be inappropriate. Only the following new buildings are appropriate: buildings justified by agriculture or forestry needs; essential facilities for outdoor sport and recreation, limited extension, alteration or replacement of existing dwellings; limited infilling in settlements identified in the UDP for limited infilling; small scale diversification within farm

PLANDEV-110111-REP-EN-GW Page 178 of 204 complexes where run as part of the farm business. The proposal can not be considered as any of the ‘appropriate’ developments described above. The proposal is therefore contrary to Development Plan Policy.

The applicant has put forward the argument that the proposal meets all the requirements needed to qualify for a replacement dwelling and refers specifically to meeting the criteria present in Policy ENV8A.

Policy ENV8A states as follows:

The replacement of a dwelling will be permitted only where the proposal satisfies all the following criteria:

a) it can be demonstrated that the building has a current lawful use as a dwelling; b) if located in a Green Wedge, the proposal complies with Policy ENV2; c) the size and scale of the replacement dwelling and associated buildings are not substantially larger than the existing; d) the siting and design of the proposal, including its means of enclosure, garden and parking space, would not have an unacceptable adverse effect upon the character of the area, including its architectural traditions; e) the conservation of existing buildings which are of architectural or historic interest would not be prejudiced; f) the scheme includes landscaping proposals which would both help blend the development into the landscape and complement the biodiversity of the area; g) the proposal confirms the timescale for the removal of the existing dwelling and the reinstatement of the land.

There are two points to consider under this Policy. Firstly, though not stated, it is considered that any replacement dwelling should relate to the site and curtilage of the dwelling it is replacing. Otherwise, it could be argued that a dwelling in one location could be a replacement of a dwelling anywhere in the County Borough. Clearly, the replacement in this case is not within the curtilage of the dwelling it is proposed to replace, being some 115 metres away. Secondly, subsection b (green wedge) applies in this case as the replacement is in the Green Wedge and therefore the proposal must meet the criteria in Policy ENV2. As indicated above, the proposal does not meet those criteria

With regard to the proposed detached garage structure, this too is at odds

PLANDEV-110111-REP-EN-GW Page 179 of 204 with Policy ENV2. The Policy states that the re-use of buildings is not inappropriate provided that the original building is substantial, permanent and capable of conversion without major reconstruction. The structure chosen to be converted to a garage no longer has a roof and the applicant himself has described in his Design and Access Statement that the existing front wall will be completely removed and the stone used to repair the back wall as necessary. It is considered that this structure can not be re-used as a garage without major reconstruction.

Therefore, the proposal is contrary to Policies ENV2 and ENV8A of the Neath Port Talbot Unitary Development Plan.

Visual Amenity:

Notwithstanding the principle of development being unacceptable at this location, the chosen location of the replacement dwelling and the size of the proposed curtilage would have the negative affect of extending the boundary of the built form into the countryside. In reference to the curtilage, the applicant has not taken advantage of existing hedgerows which would have created a natural physical boundary, rather it has proposed one engineered with platforms and a formal arrangement not befitting its rural location. With regard to the actual physical dwelling itself, the proposed design is neither rural in character or of outstanding architectural merit. It is urban in character and makes no effort to harmonise with its rural setting. Therefore, there is an adverse affect on visual amenity.

Residential Amenity (e.g. Overlooking, Overbearance, Overshadowing):

There are no residential issues be them negative or positive as the nearest residential property is located approximately 100m away. Therefore, there is no adverse affect on residential amenity.

Highway Safety (e.g. Parking and Access):

Others (including objections):

The applicant has submitted a number of supporting documents, namely a GeoTech statement and reference to a case study for a similar scheme in England for a replacement dwelling at 44 Willsbridge Hill, Wilsbridge, Bristol.

PLANDEV-110111-REP-EN-GW Page 180 of 204

However, it is considered that each planning application must be treated on its own individual merits and that this has no material relevance to the determination of this application.

With reference to the Geo Tech survey, this was a document used to justify the submission of the application and the location of the new site for the replacement dwelling. The survey explained that the existing house has now become inhabitable due to structural problems that have resulted from a landslip in the locality. A zone of stability was also identified where a new dwelling could be erected without encountering these problems (albeit within the confines of a UDP identified Green Wedge).

Conclusion:

The proposal is not considered to be appropriate development within and would damage the rural qualities of the Green Wedge, and is not considered to meet the requirements for a replacement dwelling. The application is therefore contrary to Polices ENV2 and ENV8A of the Neath Port Talbot Unitary Development Plan.

Recommendation: REFUSAL

REASON FOR REFUSAL;

(1) The proposal is considered to be an inappropriate development within the confines of a green wedge which will have an adverse affect upon the charcter and appearance of this countryside location, and is considered to be contrary to both Policies ENV2 and ENV8A of the Neath Port Talbot Unitary Development Plan.

PLANDEV-110111-REP-EN-GW Page 181 of 204 SECTION B – MATTERS FOR INFORMATION

4. PLANNING APPEALS RECEIVED

Appeal Ref: A2010/0016 Planning Ref: D2010/0005 PINS Ref: APP/Y6930/C/10/2135980 Applicant: Thomas Riley Hodgkins Agent: Proposal: Gypsy Caravan Site Site Address: LAND SOUTH EAST OF MARIGOLD PLACE SEVEN SISTERS NEATH SA10 9BE

Start Date: 09/09/2010 Decision Date: Decision Code:

Appeal Ref: A2010/0017 Planning Ref: P2008/0642 PINS Ref: APP/Y6930/A/10/2136432/WF Applicant: K JENKINS Agent: Proposal: Outline Planning Application For Two Residential Dwellings Site Address: TYCOCH FARM LANE FROM LEIROS PARC DRIVE TO RHYDDINGS NEATH SA10 8ED

Start Date: 17/09/2010 Decision Date: Decision Code:

PLANDEV-110111-REP-EN-GW Page 182 of 204 Appeal Ref: A2010/0018 Planning Ref: P2010/0531 PINS Ref: APP/Y6930/A/10/2136162/WF Applicant: Mr Wayne Barnes Agent: Proposal: Extension of existing ground floor rear balcony to adjoin the boundary with No 133 Old Road Site Address: 131 OLD ROAD NEATH SA11 2DF

Start Date: 23/09/2010 Decision Date: Decision Code:

Appeal Ref: A2010/0019 Planning Ref: P2008/1409 PINS Ref: APP/Y6930/A/10/2135473/WF Applicant: MR. GEOFF JAMES Agent: Proposal: BIOMASS FIRED POWER STATION. Additional plans elevations, information, landscaping layout and additions to design and access statement Site Address: LONGLANDS LANE MARGAM PORT TALBOT SA13 2SU

Start Date: 29/09/2010 Decision Date: Decision Code:

PLANDEV-110111-REP-EN-GW Page 183 of 204 Appeal Ref: A2010/0020 Planning Ref: P2009/1078 PINS Ref: APP/Y6930/A/10/2138871/WF Applicant: Mr Alan David Owen Agent: Proposal: Retention of balcony on side elevation and alterations to roof of front gable Site Address: 73 PANTDU CWMAVON PORT TALBOT SA12 9HN

Start Date: 27/10/2010 Decision Date: Decision Code:

Appeal Ref: A2010/0021 Planning Ref: P2010/0401 PINS Ref: APP/Y6930/A/10/2141008/WF Applicant: Mr David Morgan Agent: Proposal: Retention of dwelling for an agricultural worker. Site Address: Blaencwmbach Farm Fairyland Road Neath

Start Date: 18/11/2010 Decision Date: Decision Code:

PLANDEV-110111-REP-EN-GW Page 184 of 204 Appeal Ref: A2010/0022 Planning Ref: P2010/0563 PINS Ref: APP/Y6930/A/10/2139234/WF Applicant: MR NIGEL CLIFFORD Agent: Proposal: Retention and completion of two detached dwellings (revised house types) Site Address: PLOTS 4 & 6 LAND AT LLOYD STREET TREBANOS PONTARDAWE SWANSEA SA8 4DR

Start Date: 26/11/2010 Decision Date: Decision Code:

PLANDEV-110111-REP-EN-GW Page 185 of 204 5. PLANNING APPEALS DECIDED

Appeal Ref: A2010/0007 Planning Ref: D2010/0001 PINS Ref: APP/Y6930/C/10/2123808 Applicant: Pamela Wendy Kiley Agent: Proposal: Decking, railings and an external staircase on a single storey extension. Site Address: 97 WESTLANDS ABERAVON PORT TALBOT SA12 7DE

Start Date: 15/03/2010 Decision Date: 18/08/2010 Decision Code: Allowed No Conditions

This is an enforcement appeal in respect of the above works. The notice was issued as the department considered that the unauthorised works had a harmful effect on the character and appearance of the area and a harmful effect on the privacy of neighbouring properties.

The department argued that the works, given their extent taken together with a previous extension were not Permitted as they added volume to the dwelling that exceeded permitted development rights under Part B of the Town and Country Planning (General Permitted Development) Order 1995 (GPDO). However, the Inspector concluded that the works did not add volume and therefore were permitted by under Class C of schedule 2, Part 1 of the GPDO as an alteration of the roof.

PLANDEV-110111-REP-EN-GW Page 186 of 204 Appeal Ref: A2010/0013 Planning Ref: P2010/0502 PINS Ref: APP/Y6930/A/10/2132864/WF Applicant: Keith Morgan Agent: Proposal: Two-storey front extension Site Address: 4 RHOS MEADOW RHOS PONTARDAWE SWANSEA SA8 3HJ

Start Date: 26/07/2010 Decision Date: 14/09/2010 Decision Code: Allowed No Conditions

The main issue for consideration in this appeal is the effect of the development on the character and appearance of the area.

In relation to the character and appearance of the area the inspector noted the rural character of the area. He considered that the design of the proposed front extension would not retain the symmetry of the dwelling but its design was well proportioned and balanced. Although larger than 20% of the size of the existing building it had an overall attractive composition and its scale and location would preserve the open character of the area.

Accordingly the Inspector concluded that the proposal was acceptable and in accordance with Policy GC1, ENV1, ENV8 and ENV17 of the Neath Port Talbot Unitary Development Plan.

PLANDEV-110111-REP-EN-GW Page 187 of 204 Appeal Ref:A2010/0014 Planning Ref: P2009/1008 PINS Ref: APP/Y6930/A/10/2132719/WF Applicant: MR JOHN SMITH Agent: Proposal: Change of use of land to car sales and siting of portacabin for associated office with ancillary parking. Site Address: MILE END SERVICE STATION MILE END ROW NEATH SA11 2ED

Start Date: 27/07/2010 Decision Date: 26/10/2010 Decision Code: Allowed With Conditions

The main issue for consideration in this appeal is the effect of vehicular movements likely to be associated with the proposal and highway safety at the service station entrance and on Mile End Row (A474).

The Inspector noted that customer parking proposed was generally acceptable but would partly obstruct access into the display area, this however could be overcome by requiring further details relocating one or two spaces to another part of the site, at the expense of losing some staff parking if necessary.

The Inspector was satisfied that the access to the petrol station forecourt is not so restricted that it could not safely accommodate the additional vehicular movements likely to be generated by the proposal. He noted in particular that the proposed use was likely to have car movements less than the previous use.

Parking standards require operational provision of 1 space for a car transporter. However, the Design and Access Statement states that no car transporters will enter the site at any time, with cars for sale to be driven individually to the site. The Inspector noted that the appellant is willing to accept a planning condition to requiring to that affect and this would obviate any need to offload on Mile End Row.

PLANDEV-110111-REP-EN-GW Page 188 of 204 For the above reasons, vehicular movements likely to be associated with the proposal would not be harmful to highway safety at the service station entrance or on Mile End Row (A474). The proposal; therefore accords with Neath Port Talbot Unitary Development Plan policies EC3 and T1.

Appeal Ref: A2010/0015 Planning Ref: P2010/0503 PINS Ref: APP/Y6930/A/10/2134022/WF Applicant: Mr Lee Fellows Agent: Proposal: Construction of detached dwelling. Site Address: Land Between 8 & 10 Coombe Tennant Avenue Neath

Start Date: 10/08/2010 Decision Date: 26/10/2010 Decision Code: Dismissed

The main issues for consideration in this appeal are the effect of the development on the living conditions of proposed occupiers.

The Inspector considered that the proposed development provided sufficient private open space despite its proximately to the boundary. As such there was unlikely to be a harmful effect on the living conditions of future occupiers. In relation to car parking the Inspector considered that parking would occur in front of the garage on a drive 4.5m long. This would result in vehicles overhanging the footway to the detriment of highway safety contrary to Policies GC1, H3 and T1 of The Neath Port Talbot Unitary Development Plan.

PLANDEV-110111-REP-EN-GW Page 189 of 204 Appeal Ref:A2010/0011 Planning Ref: D2010/0003 PINS Ref: APP/Y6930/C/10/2129160 Applicant: MR JOHN SMITH Agent: Proposal: Construction of porch without Planning Permission Site Address: OAK TREE FARM DRUMMAU ROAD SKEWEN NEATH SA10 6NR

Start Date: 04/06/2010 Decision Date: 29/11/2010 Decision Code: Allowed No Conditions

The main issue for consideration in this appeal is the effect of the development on the character and appearance of the area.

In relation to the character and appearance of the area the inspector noted the rural character of the area. However, he considered that the design of the porch was not prominent, diminutive in height and not detectable form the public vantage points.

Accordingly the Inspector concluded that the proposal was acceptable and in accordance with Policy GC1, ENV1, ENV8 and ENV17 of the Neath Port Talbot Unitary Development Plan.

PLANDEV-110111-REP-EN-GW Page 190 of 204 Appeal Ref:A2010/0017 Planning Ref: P2008/0642

PINS Ref: APP/Y6930/A/10/2136432/WF Applicant: K JENKINS Agent: Proposal: Outline Planning Application For Two Residential Dwellings Site Address: TYCOCH FARM LANE FROM LEIROS PARC DRIVE TO RHYDDINGS NEATH SA10 8ED

Start Date: 17/09/2010 Decision Date: 03/12/2010 Decision Code: Dismissed

The main issues for consideration in this appeal are the effect of the development on the living conditions of neighbouring properties and on the character and appearance of the bridleway.

In relation to the effect on neighbouring properties the inspector noted the proximity of the proposed access to neighbouring properties and considered that the additional noise of vehicles would have a detrimental effect on the living conditions of residents.

In relation to the character and appearance of bridleway the inspector noted that the proposal would involve the removal of a substantial length of hedge and bushes resulting in the erosion of the attractive rural character of the area.

Accordingly the Inspector concluded that the proposal was unacceptable and contrary to Policy GC1, H3 and ENV3 of the Neath Port Talbot Unitary Development Plan.

PLANDEV-110111-REP-EN-GW Page 191 of 204 Appeal Ref: A2010/0012 Planning Ref: D2010/0004 PINS Ref: APP/Y6930/C/10/2129524 Applicant: COLEG CASTELL NEDD PORT TALBOT Agent: Proposal: Use of unauthorised roofing materials in the construction of a Performing Arts Facility (P2007/1174) Site Address: COLEG CASTELL NEDD PORT TALBOT DWR Y FELIN ROAD CAEWERN NEATH SA10 7RF

Start Date: 23/06/2010 Decision Date: 06/12/2010 Decision Code: Dismissed

This is an enforcement appeal in respect of the above works. The notice was issued as the department considered that the unauthorised use of roofing materials, which did not accord with that specified under planning permission P2007/1174, had a harmful effect on the character and appearance of the surrounding area. The notice required the removal of the materials used in the construction of the domed roof and re-roofing in the approved pre-patenated copper tiles.

The grounds of appeal related to the issues of whether the requirements of the enforcement notice were excessive. The Inspector concluded that the requirement to remove the existing material and replace with the approved copper tiles was necessary to make this part of the development comply with the terms of the planning permission. He concluded that the requirements were within the statutory powers and were not excessive. Accordingly, the appeal was quashed.

PLANDEV-110111-REP-EN-GW Page 192 of 204 Appeal Ref: A2010/0020 Planning Ref: P2009/1078 PINS Ref: APP/Y6930/A/10/2138871/WF Applicant: Mr Alan David Owen Agent: Proposal: Retention of balcony on side elevation and alterations to roof of front gable Site Address: 73 PANTDU CWMAVON PORT TALBOT SA12 9HN

Start Date: 27/10/2010 Decision Date: 20/12/2010 Decision Code: Dismissed

The main issues for consideration in this appeal are the effect of the development on the character and appearance of the area and the street scene.

In relation to the character and appearance of the area the inspector noted the simple traditional design of the dwelling. He considered that the balcony on elaborate cast iron columns to be out of place perched on supporting piers. In addition he considered that the new front gable to be out of proportion with the traditional bay window.

The Inspector noted that the applicant had offered to alter some aspects of the proposal however; these amendments did not address the fundamental harm identified that arises from the design.

Accordingly the Inspector concluded that the proposal was not acceptable and contrary to Policy GC1, ENV1, ENV8 and ENV17 of the Neath Port Talbot Unitary Development Plan.

PLANDEV-110111-REP-EN-GW Page 193 of 204 6. DELEGATED APPLICATIONS DETERMINED BETWEEN 7TH DECEMBER 2010 AND 3RD JANUARY 2011

1 App No. P/2010/40 Type Householder Proposal Retention and completion of canopy to front and side elevations, first-floor extension to side/rear elevation and two storey extension to rear elevation. Location 18 MARTYNS AVENUE, SEVEN SISTERS, NEATH NEATH PORT TALBOTSA10 9DR Decision Approval with Conditions Ward Seven Sisters

2 App No. P/2010/587 Type Full Plans Proposal Detached dwellinghouse Location Land adjacent to, 12 HEOL Y GLYN, GLYNNEATH, NEATH NEATH PORT TALBOTSA11 5AU Decision Approval with Conditions Ward Glynneath

3 App No. P/2010/637 Type Full Plans Proposal Retention of single storey extension for boiler shower and store area between existing changing rooms Location FOOTBALL FIELD, A4067 FROM YNYSMEUDWY TO GODRE'R GRAIG, GODRE'R GRAIG, SWANSEA NEATH PORT TALBOT Decision Approval with Conditions Ward Godre'rgraig

4 App No. P/2010/695 Type Listed Building Cons Proposal Repointing and resetting of brickwork, replacement rainwater goods, replacement and refurbishment of windows and doors and installation of new roof light, damp proofing, new floors and ceilings, installation of metal grills, removal and reinstatement of existing lobby and new stud partition walls to create wc and tea making area, replastering, replacement paving, and closing off of chimney (Listed Building Consent). Location GODRE'RHOS INDEPENDENT CHAPEL, STARVIN HILL, , NEATH NEATH PORT TALBOT Decision Approval with Conditions Ward Crynant

PLANDEV-110111-REP-EN-GW Page 194 of 204 5 App No. P/2010/732 Type Full Plans Proposal Multi-purpose indoor arena, outdoor arena, 5 No. workshop units, canal basin, swing bridge, boat crane, and associated parking areas Location Land at, Glanrhyd Industrial Estate, Pontardawe, Swansea Neath Port TalbotSA8 4LP Decision Approval with Conditions Ward Pontardawe

6 App No. P/2010/854 Type Householder Proposal Single storey rear extension Location 19 HODGSONS ROAD, GODRE'R GRAIG, SWANSEA NEATH PORT TALBOTSA9 2DJ Decision Approval with Conditions Ward Godre'rgraig

7 App No. P/2010/857 Type Householder Proposal Replacement of existing garage with single storey side extension, single storey rear lower ground floor extension, replacement roof on main dwelling with increase in height by 1.3m to accommodate living accommodation. Location 41 LUCY ROAD, LONLAS, NEATH NEATH PORT TALBOTSA10 6RS Decision Approval with Conditions Ward Coedffranc Nort

8 App No. P/2010/874 Type Householder Proposal Two storey side extension Location 83 HIGH STREET, PONTARDAWE, SWANSEA NEATH PORT TALBOTSA8 4JN Decision Approval with Conditions Ward Pontardawe

9 App No. P/2010/918 Type Full Plans Proposal One detached dormer bungalow Location Land adjacent to, 7 NANT Y CLAIS COURT, CWMAVON, PORT TALBOT NEATH PORT TALBOTSA12 9LQ Decision Approval with Conditions Ward Bryn & Cwmavon

PLANDEV-110111-REP-EN-GW Page 195 of 204 10 App No. P/2010/964 Type Full Plans Proposal Retention of extraction vent on rear elevation Location 5 WERN ROAD, , SWANSEA NEATH PORT TALBOTSA9 2LX Decision Approval with Conditions Ward Ystalyfera

11 App No. P/2010/990 Type Householder Proposal Creation of a new access. Location 61 LLANTWIT ROAD, NEATH NEATH PORT TALBOTSA11 3LD Decision Approval with Conditions Ward Neath North

12 App No. P/2010/991 Type Householder Proposal Creation of a new access. Location 59 LLANTWIT ROAD, NEATH NEATH PORT TALBOTSA11 3LD Decision Approval with Conditions Ward Neath North

13 App No. P/2010/992 Type Householder Proposal Porch to side elevation, detached garage to rear and heightening of side boundary wall Location 91A DERWYDD AVENUE, GWAUN CAE GURWEN, AMMANFORD NEATH PORT TALBOTSA18 1PG Decision Approval with Conditions Ward Gwaun-Cae-Gurwen

14 App No. P/2010/1000 Type Full Plans Proposal Installation of roof light to rear annex, replacement rain water goods, ventilation grills and paving. Location GODRE'RHOS INDEPENDENT CHAPEL, STARVIN HILL, CRYNANT, NEATH NEATH PORT TALBOT Decision Approval with Conditions Ward Crynant

PLANDEV-110111-REP-EN-GW Page 196 of 204 15 App No. P/2010/1042 Type Householder Proposal Retension and completion of a single storey rear extension Location 36 AFANDALE, SANDFIELDS, PORT TALBOT NEATH PORT TALBOTSA12 7BN Decision Approval with no Conditions Ward

16 App No. P/2010/1061 Type Householder Proposal Front boundary wall with railings above and pedestrian and vehicular access gates. Location 71 MILL RACE, NEATH ABBEY, NEATH NEATH PORT TALBOTSA10 7FL Decision Approval with Conditions Ward Bryncoch South

17 App No. P/2010/1064 Type Prior Notif.Demol. Proposal Prior notification for proposed demolition of number 3 Park Lane Location ANNEDDFECHAN, 3 PARK LANE, , AMMANFORD NEATH PORT TALBOTSA18 1TE Decision Prior Approval Required Ward Lower Brynamman

18 App No. P/2010/1086 Type Full Plans Proposal Construction of steel drill tower. Location EARLSWOOD DEPOT, EARLSWOOD DEPOT ACCESS ROAD, , NEATH NEATH PORT TALBOTSA10 6NG Decision Approval with Conditions Ward Coedffranc West

19 App No. P/2010/1106 Type Full Plans Proposal New shop front, pitched roof to provide office accomodation and ralings to side elevation Location 12 MAIN ROAD, DYFFRYN CELLWEN, NEATH NEATH PORT TALBOTSA10 9HR Decision Approval with Conditions Ward

PLANDEV-110111-REP-EN-GW Page 197 of 204 20 App No. P/2010/1109 Type Discharge of Cond. Proposal Details to be agreed in association with condition 7 (Archaeology) of planning permission ref: P2009/0645 granted on 19/02/2010 Location FORMER DEWHURST FACTORY SITE, GLAN YR AVON, GODRER GRAIG, SWANSEA NEATH PORT TALBOT Decision Approval with Conditions Ward Ystalyfera

21 App No. P/2010/1113 Type Outline Proposal Replacement dwelling (outline) Location ANNEDDFECHAN, 3 PARK LANE, LOWER BRYNAMMAN, AMMANFORD NEATH PORT TALBOTSA18 1TE Decision Approval with Conditions Ward Lower Brynamman

22 App No. P/2010/1123 Type Householder Proposal A ridge roof front dormer and an additional rear dormer window, plus alteration to the existing flat roof rear dormer to create a ridge roof dormer. Location 1 FFORDD DINAS, CWMAVON, PORT TALBOT NEATH PORT TALBOTSA12 9BS Decision Approval with Conditions Ward Bryn & Cwmavon

23 App No. P/2010/1125 Type Discharge of Cond. Proposal Submission of details under condition 2 of planning permission ref. P2010/0712 (granted on 10/9/10) in respect of the treatment of surface water. Location FORMER DARRELOPENCAST SITE, CRYNANT, NEATH Decision Approval with Conditions Ward Seven Sisters

24 App No. P/2010/1127 Type Householder Proposal Single storey rear extension Location 1 PARK STREET, GLYNCORRWG, PORT TALBOT NEATH PORT TALBOTSA13 3DS Decision Approval with Conditions Ward Glyncorrwg

PLANDEV-110111-REP-EN-GW Page 198 of 204 25 App No. P/2010/1131 Type Change of Use Proposal Change of use of Fish and Chip (A3 use) to dwellinghouse (C3 use) Location 17 YSGUTHAN ROAD, ABERAVON, PORT TALBOT NEATH PORT TALBOTSA12 6LY Decision Approval with Conditions Ward Aberavon

26 App No. P/2010/1134 Type Householder Proposal Single storey rear extension Location 42 TAN Y GROES STREET, PORT TALBOT NEATH PORT TALBOTSA13 1EE Decision Approval with Conditions Ward Port Talbot

27 App No. P/2010/1135 Type Discharge of Cond. Proposal Proposed scheme for the mitigation of impacts on badgers under Condition 84 of Previous Planning Consent P2009/1040 granted on 21st July 2010. Location SELAR NORTH EXTENSION OPENCAST MINE, PARISH ROAD, , NEATH NEATH PORT TALBOTSA11 5SW Decision Approval with Conditions Ward Blaengwrach

28 App No. P/2010/1137 Type Householder Proposal Three storey flat roofed rear extension with rear facing dormer window Location 3 JOHNS TERRACE, TONMAWR, PORT TALBOT NEATH PORT TALBOTSA12 9UR Decision Approval with Conditions Ward Pelenna

29 App No. P/2010/1144 Type Householder Proposal Two storey and part single storey rear extension. Location 2 GARDNERS LANE, NEATH NEATH PORT TALBOTSA11 2AA Decision Approval with Conditions Ward Neath East

PLANDEV-110111-REP-EN-GW Page 199 of 204 30 App No. P/2010/1149 Type Householder Proposal Single storey rear extension Location 23 FAIRWAY, SANDFIELDS, PORT TALBOT NEATH PORT TALBOTSA12 7HG Decision Approval with Conditions Ward Sandfields West

31 App No. P/2010/1150 Type Householder Proposal Construction of a new vehicular access. Location 25 PEN YR ALLEY AVENUE, SKEWEN, NEATH NEATH PORT TALBOTSA10 6DS Decision Approval with Conditions Ward Coedffranc Cent

32 App No. P/2010/1152 Type Full Plans Proposal Change of use of land for the siting of a mobile catering unit Location LAND ADJACENT TO BAGLAN INDUSTRIAL ESTATE UNITS 15-27, ABERAVON ROAD, ABERAVON, PORT TALBOT NEATH PORT TALBOT Decision Approval with Conditions Ward Aberavon

33 App No. P/2010/1156 Type App under TPO Proposal Removal of branches from Oak trees 1, 2 and 3 and removal of dead area of crown on Tree 4 (TPO 173) Location 2 GARDENERS COTTAGES, TARENI GLEISION ACCESS LANE, PONTARDAWE, SWANSEA NEATH PORT TALBOTSA8 3JJ Decision Approval with Conditions Ward Rhos

34 App No. P/2010/1157 Type Householder Proposal Single storey rear extension Location 10 CONNAUGHT STREET, PORT TALBOT NEATH PORT TALBOTSA13 1ET Decision Approval with Conditions Ward Port Talbot

PLANDEV-110111-REP-EN-GW Page 200 of 204 35 App No. P/2010/1163 Type Discharge of Cond. Proposal Details to be agreed in association with condition 1 (archaeological report ) of planning permission ref: P2010/0699 Granted on 21/07/10 Location TY'R EGLWYS, CHURCH ROAD, CILYBEBYLL PONTARDAWE, SWANSEA NEATH PORT TALBOTSA8 3JP Decision Approval with Conditions Ward Rhos

36 App No. P/2010/1165 Type Householder Proposal Rear conservatory Location 35 FALCON DRIVE, CIMLA, NEATH NEATH PORT TALBOTSA11 3SG Decision Approval with Conditions Ward Cimla

37 App No. P/2010/1166 Type Vary Condition Proposal Variation of condition 3 & 4 of planning approval P2007/1694 to extend time limit for 3 years from the date of decision. Location GARDEN LAND WAUNCEIRCH HOUSE, DWR Y FELIN ROAD, NEATH SA10 7RT Decision Approval with Conditions Ward Bryncoch South

38 App No. P/2010/1167 Type Householder Proposal Single storey rear extension Location 33 NEWBRIDGE ROAD, PORT TALBOT NEATH PORT TALBOTSA12 6BU Decision Approval with Conditions Ward

39 App No. P/2010/1168 Type Householder Proposal Retention of a single storey rear outbuilding and proposed raised decking area. Location 44 DEPOT ROAD, CWMAVON, PORT TALBOT NEATH PORT TALBOTSA12 9BA Decision Approval with Conditions Ward Bryn & Cwmavon

PLANDEV-110111-REP-EN-GW Page 201 of 204 40 App No. P/2010/1169 Type Advertisement Proposal Wall mounted billboard Location LIDL SUPERMARKET, FFORDD PARC YNYSDERW, PONTARDAWE, SWANSEA NEATH PORT TALBOTSA8 4EG Decision Approval with Conditions Ward Pontardawe

41 App No. P/2010/1171 Type Full Plans Proposal New green house and amenity building for allotments Location Fairyland Allotments, Fairyland, Neath SA11 3ED Decision Approval with Conditions Ward Neath North

42 App No. P/2010/1175 Type Screening Opinion Proposal Request for screening opinion for proposed mixed residential, leisure, retail and commercial development Location RHEOLA MARKET, GLYNNEATH ROAD, GLYNNEATH, NEATH NEATH PORT TALBOTSA11 4DT Decision Application Required Ward Glynneath

43 App No. P/2010/1177 Type Householder Proposal First floor rear extension Location 28 BRYNNA ROAD, CWMAVON, PORT TALBOT NEATH PORT TALBOTSA12 9LL Decision Approval with Conditions Ward Bryn & Cwmavon

44 App No. P/2010/1178 Type Screening Opinion Proposal REGULATION 5 REQUEST FOR A SCREENING OPINION - FOR THE CONTINUED OPERATION OF ENGINEERING OPERATIONS AT TIP 871 Location PWLLFAWATKIN WASTE MANAGEMENT FACILITY (TIP 871), RHYD Y FRO, PONTARDAWE Decision Application Not Required Ward Pontardawe

PLANDEV-110111-REP-EN-GW Page 202 of 204 45 App No. P/2010/1179 Type Householder Proposal Single storey rear conservatory. Location 215 MARGAM ROAD, MARGAM, PORT TALBOT NEATH PORT TALBOTSA13 2AB Decision Approved with 5yr expiry only Ward Taibach

46 App No. P/2010/1182 Type Householder Proposal Single storey rear extension Location 296 OLD ROAD, , NEATH NEATH PORT TALBOTSA11 2ET Decision Approval with Conditions Ward Briton Ferry East

47 App No. P/2010/1184 Type Householder Proposal Single storey rear conservatory extension Location 381 DELFFORDD, RHOS PONTARDAWE, SWANSEA NEATH PORT TALBOTSA8 3HG Decision Approval with Conditions Ward Rhos

48 App No. P/2010/1185 Type Discharge of Cond. Proposal Details to be agreed in association with condition 15 (Landscaping) of planning permission ref: P2008 /1313 Granted on 19/08/2010 Location GLYN BEUDY FARM, GLYN ROAD, LOWER BRYNAMMAN, AMMANFORD NEATH PORT TALBOTSA18 1SS Decision Approval with Conditions Ward Lower Brynamman

49 App No. P/2010/1200 Type Discharge of Cond. Proposal Details to be agreed in association with condition 3 (Photographic survey) of planning permission ref: P2009/0773 granted on 05/11/2010 Location BETHANIA CALVINISTIC METHODIST CHAPEL, HIGH STREET, GLYNNEATH, NEATH NEATH PORT TALBOT Decision Approval with no Conditions Ward Glynneath

PLANDEV-110111-REP-EN-GW Page 203 of 204 50 App No. P/2010/1201 Type Discharge of Cond. Proposal Details to be agreed in association with condition 5 (External Materials) of planning permission ref: P20071526 granted on 28/07/2008 Location LAND ADJACENT, 1C NEW ROAD, CILFREW, NEATH NEATH PORT TALBOTSA10 8LL Decision Approval with no Conditions Ward Aberdulais

51 App No. P/2010/1224 Type Discharge of Cond. Proposal Details to be agreed in association with conditions 5 & 6 (in reletation to bat survey and license) of planning permission ref P2009/0511 granted on 23/02/10 Location CILFREW HOTEL, MAIN ROAD, CILFREW, NEATH NEATH PORT TALBOTSA10 8LP Decision Approval with no Conditions Ward Aberdulais

52 App No. P/2010/1229 Type Discharge of Cond. Proposal Details to be agreed in association with condition 2 (Materials) of planning permission ref: 2005/1460 granted on 15/12/05 Location GELLILWCA FAWR FARM, GWRHYD ROAD, PONTARDAWE, SWANSEA NEATH PORT TALBOTSA8 4TP Decision Approval with no Conditions Ward Pontardawe

53 App No. P/2010/1245 Type Discharge of Cond. Proposal Submission of details under Condition 36 of Planning Permission P2005/0393 (approved on the 8th Feb 2008) in relation to the treatment of the existing power lines and pylons. Location FORMER LLANDARCY OIL REFINERY, LLANDARCY, NEATH Decision Approval with no Conditions Ward Coedffranc West

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