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Brechfa Forest) Crown Estate's Correspondence

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Brechfa Forest) Crown Estate's Correspondence Statement of Reasons – Volume 4.1 Contents 1 Introduction 4 2 The need for the proposed development 9 2.1 The legislative and national policy statement context 9 2.2 Need case and strategic optioneering report 11 2.3 Project development process 13 3 Scope of compulsory acquisition 17 4 Description of land subject to the compulsory purchase and other powers 25 4.2 Location of the proposed development 27 4.3 Roads and water courses 28 4.4 Environmental and heritage designations 29 4.5 Public Rights of Way 29 4.6 Streets 30 5 Description of the proposals for the use and development of the land 31 5.2 132kV Connection 31 5.3 Integral development 32 6 Purpose for which the powers are sought 33 7 Justification for Powers of Compulsory Acquisition 54 7.1 Section 122 of the Act 54 7.2 Alternatives 58 7.3 The proposed interest in the land is legitimate, necessary and proportionate 61 7.4 Use of the land to be acquired 62 7.5 Availability of funds for compensation 63 2 Statement of Reasons – Volume 4.1 7.6 Human rights 63 7.7 Compliance with the Convention and HRA 64 8 WPD's approach to acquiring rights in land by agreement 68 8.1 Strategy 68 8.2 Progress on acquisition 69 9 Related Applications, Orders, Consents 70 10 Special Considerations and Impediments 71 10.1 Crown land 71 10.2 Special category land 73 10.3 Statutory undertakers land 73 11 Conclusions 75 Appendix 1: (River Towy) Crown Estate's Correspondence Appendix 2: (Brechfa Forest) Crown Estate's Correspondence 3 Statement of Reasons – Volume 4.1 Statement of Reasons – The Western Power Distribution (Brechfa Forest Connection) Development Consent Order 1. Introduction 1.1 Western Power Distribution (South Wales) Plc (“WPD”) owns and operates the electricity distribution system in South Wales. WPD's network operates at and below 132,000 volts (“132kV”). WPD is responsible for distributing electricity from the national grid (operated by National Grid Electricity Transmission plc (“National Grid”)) to power homes and businesses and to connect certain generators to the national grid transmission infrastructure. 1.2 This Statement of Reasons (“the Statement”) relates to an application by WPD under the Planning Act 20081 (“the Act”) for The Western Power Distribution (Brechfa Forest Connection) Development Consent Order (“the Order”) (Volume 3.1) (“the Application”). 1.3 The Order contains powers to acquire rights compulsorily. It seeks powers including the creation of and acquisition of rights, necessary to construct, use and maintain the authorised development. The Order is drafted as a Statutory Instrument for this purpose. 1.4 Where relevant, references to terms in this Statement are to the terms defined by the Order unless a contrary definition has been given. 1.5 The proposed project is known as the Brechfa Forest Connection (“the proposed development”). The proposed development would carry all of the electrical power from the Brechfa Forest West Wind Farm to the WPD substation at Swansea North. 1 2008 c 29 4 Statement of Reasons – Volume 4.1 1.6 The Order would grant powers to construct, use and maintain a 28.6 kilometre (km) 132kV electricity distribution connection between the chosen point of the connection at the existing steel pylon (reference EE42) near Llandyfaelog, and Brechfa Forest West Wind Farm, comprising the installation of a 132kV overhead line and installation of 132kV underground cables. 1.7 The works would be undertaken by WPD and the provisions of the Order have effect for the benefit of WPD as set out in Article 6 of the Order. 1.8 The Order includes powers for: . the construction of two sections of 132kV overhead line; . the construction of a section of 132kV underground cables including horizontal directional drilling (“HDD”) and the terminal connections to the overground sections; and . development that is integral to the construction of the lines and cables including access roads, highway works, creation and use of temporary construction compounds, the provision of welfare units and monitoring. 1.9 This Statement has been prepared in compliance with the requirements of Regulation 5(2) (h) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 20092 (“APFP”) and the Planning Act 2008: guidance related to procedures for compulsory acquisition of land (“the Guidance”)3. 1.10 This Statement forms part of a suite of documents accompanying the Application submitted in accordance with section 55 of the Act and Regulation 5 of the APFP and should be read alongside those documents. In particular WPD has submitted the following documents relating to the 2 S.I. 2009/2264 3 Department for Communities and Local Government, Planning Act 2008: guidance related to procedures for compulsory acquisition of land (September 2013) 5 Statement of Reasons – Volume 4.1 varying ground conditions. The width of a twin wooden pole is approximately 2.5m wide (extending to approximately 5m across the insulators) and a single wooden pole is approximately 0.25m wide (extending to approximately 4m across the insulators). Each conductor (electricity line) has the potential to swing approximately 5m either way; this represents a required width of approximately 15m. The limits of deviation (within a corridor of up to 25m) mean that the ability to move laterally is limited to only 5m maximum, and is, in certain environmentally sensitive areas, less than 5m. A full description of the extent of the land required by WPD in order to carry out construction of the proposed development and later, for access and maintenance, is set out within the Environmental Statement, Project Description (Chapter 2 of the Environmental Statement). 1.12 The typical width of the Order limits along the underground cable section of the route corridor is 16m. Temporary rights to enable construction within the corridor width are shown on the land plans. WPD is seeking temporary rights over a wider area than is needed for the permanent rights within the Order limits to provide a necessary and proportionate degree of flexibility as to the final alignment of the works. 1.13 For underground cables, WPD is only seeking to compulsorily acquire permanent rights to access and maintain the development over a corridor with a width of approximately 1.5m for the cables installed plus a 5 metre maintenance access corridor. .A full description of the extent of land required by WPD in order to carry out construction of the proposed development and later, access and maintenance, is set out within the Environmental Statement, Project Description (Chapter 2 of the Environmental Statement). 1.14 This Statement sets out the justification for seeking compulsory purchase powers within the Order and for seeking certain other powers within the Order which may interfere with property rights and private interests. This 7 Statement of Reasons – Volume 4.1 Statement also explains why WPD considers that there is a compelling case in the public interest for the inclusion of the compulsory purchase and certain other powers within the Order and hence the proposed acquisition meets the statutory requirements of the Act and meets the requirements of the Guidance. 1.15 This Statement is structured as follows: . Chapter 2 outlines the need for the proposed development. Chapter 3 summarises the scope of the compulsory acquisition powers and certain other powers set out in the Order. Chapter 4 is a description and location of the land over which the compulsory purchase powers are sought. Chapter 5 provides a description of the proposals for the use and development of the land. Chapter 6 sets out the purpose for which compulsory acquisition powers are sought. Chapter 7 provides the justification for seeking powers of compulsory acquisition and certain other powers (for example, temporary possession) which are set out in the Order. Chapter 8 outlines WPD's approach to rights acquisition. Chapter 9 identifies other consents which are or may be required in addition to the powers sought in the Order. Chapter 10 covers special considerations and impediments. Chapter 11 comprises summary and conclusions. 8 Statement of Reasons – Volume 4.1 2 The need for the proposed development The legislative and national policy statement context 2.1 Under Section 9 of the Electricity Act 19894 (“the Electricity Act”), WPD has a statutory obligation to develop and maintain an efficient, co-ordinated and economical electricity transition system to ensure the safe, secure and reliable distribution of electricity throughout the network. This includes a duty to connect new generating stations to the transmission system via connection agreements. The form which these connections take depends upon a number of factors including, but not limited to, the location of the new generating stations. 2.2 The Electricity Act confers a duty upon WPD under Section 38 and Schedule 9 to ensure that it does not have a detrimental effect on amenity when carrying out its undertakings. Schedule 9 states that a licence holder, such as WPD, has a general responsibility when formulating proposals for new electric lines to: ‘have regard to the desirability of presenting natural beauty, of consenting flora, fauna and geological or physiographical features of special interest and of protecting sites, buildings and objects of architectural, historic or archaeological interest; and shall do what [it] reasonably can to mitigate any effect which the proposals would have on natural beauty of the countryside or on any such flora, fauna, features, sites, buildings or objects.’(Ref. 2.1) 2.3 Schedule 9 also states that WPD has a responsibility when assessing the effects of its proposals to: ‘mitigate any effect which the proposals would have on the natural beauty of 4 1989 c29 9 Statement of Reasons – Volume 4.1 the countryside or any flora, fauna, features, sites, buildings or objects’ (Ref.
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