NEATH PORT TALBOT COUNCIL
TOWN AND COUNTRY PLANNING ACT 1990 (as amended)
The Developments of National Significance (Wales) Regulations 2016
LOCAL IMPACT REPORT
Application by Peak Gen Power 5 Limited
Land to the rear of Unit 6A Coed Darcy Business Park, Llandarcy
NPT Reference: P2019/5207
Planning Inspectorate Reference: DNS/3213487
Neath Port Talbot Council Local Impact Report
CONTENTS
1. Introduction
2. Site and Surroundings
3. The Proposed Development
4. Planning History
5. Local Designations Relevant To The Site / Surroundings
6. Local Development Plan
7. Publicity of the Development National Significance Application
8. Impact of the Development on the Area
9. Summary
10. Proposed conditions
Appendices
1. Planning permission ref. P2012/1061 - Copy of the decision notice and approved plans.
2. LDP Policies
3. Supplementary Planning Guidance
a. Pollution (October 2016) b. Biodiversity and Geodiversity (May 2018)
4. Evidence of publicity including photographs / OS plan of site notice locations
5. RAMSAR and NATURA2000 information – Crymlyn Bog
6. NPT Constraints Plan
Neath Port Talbot Council Local Impact Report
1. INTRODUCTION
1.1 This Local Impact Report (LIR) has been prepared to meet the requirements of Section 62K of the 1990 Act, and Regulation 25 of the Developments of National Significance (Procedure) (Wales) Order 2016. The LIR has been prepared to inform the Planning Inspectorate of the likely impact of the proposed development on the area. The report is based on existing local knowledge and evidence of local issues. In accordance with Section 62K the LIR will set out at a minimum: -
• The likely impact of the development on the area • Planning history of the site • Local designations relevant to the site / surroundings • The likely impact of any application in relation to a secondary consent being granted • Any relevant local planning policies, guidance or other documents • Draft conditions or obligations which the LPA considers necessary for mitigating any likely impacts of the development • Evidence of the Publicity undertaken by the LPA in accordance with the Procedure Order, i.e. a copy of the Site Notice, a photograph of the Site Notice on display and a map showing the location of the Site Notice.
1.2 This LIR is reliant upon information available within the submitted documents and prior knowledge of the site, and has regard to the relevant procedural guidance contained at Appendix 5 of the Welsh Government’s ‘Guidance on Developments of National Significance’.
1.3 The LIR is a factual document that should not weigh evidence or make recommendations. Accordingly, this LIR will not qualify impacts other than stating whether impacts are anticipated to be positive, negative or neutral, since to do otherwise would be to apply weighting which is expressly excluded in the relevant advice. Neath Port Talbot Council Local Impact Report
2. SITE AND SURROUNDINGS
2.1 The site and its surrounding context are as set out and agreed in section 2.1 of the Statement of Common Ground (SOCG – Applicant’s Document D2).
3. THE PROPOSED DEVELOPMENT
3.1 The Applicant is seeking partially-retrospective, and partially-prospective planning permission for the following development:
“Electricity generation operating reserve compound to support the National Grid, together with associated switchgear, access, boundary treatments and ancillary equipment”
3.2 The full description and details of the development are as set out and agreed in section 2.3 of the Statement of Common Ground (SOCG).
4. PLANNING HISTORY
4.1 The planning history has been set out and agreed in section 2.2 of the Statement of Common Ground (SOCG).
4.2 As referred to at section 2.2.2 of the SOCG, it is of note that planning permission has previously been granted for the retrospective element of the development in question on 21st January 2013 (application reference P2012/1061). A copy of the decision notice and approved plans are provided at Appendix NPT1.
4.3 As the development was commenced without compliance with some of the pre- commencement planning conditions included within permission P2012/1061, the development now has to be regularised under the DNS Regulations.
4.4 The prospective proposal for the installation of additional plant and ancillary equipment that is required to be installed on site to meet the statutory requirements of the new Environmental Permitting (England and Wales) (Amendment) Regulations 2018 has not been considered previously by the Local Planning Authority. Neath Port Talbot Council Local Impact Report
5. LOCAL DESIGNATIONS RELEVANT TO THE SITE / SURROUNDINGS
5.1 The site lies within the ‘Coed Darcy Strategic Regeneration Area’ (SRA) identified by Policy SRA1 of the Local Development Plan, the extent of which is identified on Figure 1 below.
Figure 1: Coed Darcy Strategic Regeneration Area (Blue Hatched Area = Extent of SRA : Policy SRA1)
5.2 Outline permission is in place for the development of an urban village which should in time comprise approximately 4,000 dwellings, 41,200 sqm of business use, up to 3,000 sqm of retail floorspace, other commercial development, education and community facilities and associated infrastructure. The residential development completed on the site to date is shown on the aerial photograph above from 2017), with the nearest residential property some 320m away. Neath Port Talbot Council Local Impact Report
5.3 The application site (circled) is located in an area partially-developed as and identified for further commercial purposes by the current ‘Coed Darcy Urban Village Development Masterplan’ (see Figure 2 below).
Figure 2: Coed Darcy Urban Village Masterplan
Neath Port Talbot Council Local Impact Report
5.4 The Masterplan identifies residential land uses (in yellow) to the north (across the main railway line at a distance of approximately 60m and separated by landscaping) and to the west (approximately 150m, beyond additional proposed commercial development).
5.5 Nearby sites / designations are referred to in the SOCG (2.1.4 - 2.1.7).
5.6 There are no Public Rights of Way in proximity to the site which would be affected by the proposal or from which views of the site can be attained.
6. LOCAL DEVELOPMENT PLAN
6.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004, requires that all planning applications are determined in accordance with the relevant development plan policies, unless material considerations indicate otherwise.
6.2 The Development Plan for the area comprises the Neath Port Talbot Local Development Plan which was adopted in January 2016, and within which the following policies are of relevance:
Strategic Policies
• Policy SP1 Climate Change • Policy SP2 Health • Policy SP15 Biodiversity and Geodiversity • Policy SP16 Environmental Protection • Policy SP18 Renewable and Low Carbon Energy • Policy SP20 Transport Network • Policy SP21 Built Environment and Historic Heritage
Topic Based Policies
• Policy SC1 Settlement limits • Policy EC1 Employment Allocations (EC1/3 Land within Coed Darcy SRA (4Ha B1)) • Policy EC3 Employment Area Uses • Policy EN6 Important Biodiversity and Geodiversity Sites • Policy EN7 Important Natural Features • Policy EN8 Pollution and Land Stability Neath Port Talbot Council Local Impact Report
• Policy RE1 Criteria for the Assessment of Renewable and Low Carbon Energy Development • Policy RE2 Renewable and Low Carbon Energy in New Development • Policy TR2 Design and Access of New Development • Policy BE1 Design • Policy SRA1 Coed Darcy Strategic Regeneration Area
6.3 The relevant LDP Policies can be viewed online using the above links but are also provided at Appendix NPT2.
Supplementary Planning Guidance: 6.4 The following approved SPG is also considered to be of relevance:-
• Pollution (October 2016) • Biodiversity and Geodiversity (May 2018)
6.5 The SPG can be viewed online using the above links but are also provided at Appendices NPT3a and 3b.
7. PUBLICISING THE DNS APPLICATION
7.1 By letter dated 15th July 2019 PINS confirmed that the DNS application had been accepted by them as valid and the application process had commenced.
7.2 Neath Port Talbot Council (NPT) hereby confirm that, in compliance with Regulation 20 of The Order, the documents required to be placed on the planning register, and described in the PINS validation letter, were placed on the Council’s online planning register https://planningonline.npt.gov.uk within the required 5 working days.
7.3 NPT also hereby confirms that the Site Notices issued to the Authority were displayed on site on Monday 15th July 2019, in compliance with Regulation 19 and Regulation 25 (2) (c) of The Order. Photographic evidence of the display of the site notices, together with an ordnance survey based plan identifying the location of the site notices, is provided at Appendix NPT 4. Neath Port Talbot Council Local Impact Report
8. IMPACT OF THE DEVELOPMENT ON THE AREA
Landscape and Visual Impact
8.1 A Landscape and Visual Amenity Statement Assessment has been provided with the application (Document A17) and considered by the LPA.
8.2 Consideration should be given to the effects of the proposal on local character and visual amenity, having regard to its location within the Coed Darcy Regeneration Area (where future commercial and/or residential development may come forward in future years).
8.3 It is noted that the facility is in situ and operational, although the additional infrastructure/ equipment proposed under this application would increase the highest point of the units by 1.1m (from 3.8m to 4.94m). This would not unacceptably increase the impact of the development on the area now or as part of future development proposals.
8.4 It has been agreed in the SOCG that should retrospective planning permission be granted for the development, a landscape scheme would not be required.
8.5 The Council considers that the Landscape & Visual Impact of the proposal would be neutral.
Highway Impacts
8.6 As the development is largely constructed the highway impacts relate only to installation of the additional plant and equipment and the ongoing operation. A Construction Method Statement has been submitted in respect of the former.
8.7 The Highways Authority has responded to the Pre-Application Consultation (PAC) advising that they have no highway objection.
8.8 No highway conditions are recommended by the Authority, and it is considered that the proposed development would have a neutral impact on the existing highway network or on highway or pedestrian safety generally (complying with Policies SP20 and TR2 of the LDP). Neath Port Talbot Council Local Impact Report
Air Quality Impacts
8.9 As part of pre-application discussions, an Air Quality Assessment (prepared by AECOM - December 2018; Document A18) was submitted, the dispersion modeling within which the Council commissioned Consultants’ RPS to independently review.
8.10 The RPS report, on behalf of the Council, AGREES that the Air Quality Impacts have been assessed correctly, including use of an appropriate model.
8.11 The RPS Review (Document A20) concluded1 that:
“In RPS’ opinion, the air quality impacts have been assessed correctly. The impacts are unlikely to have a significant effect on surrounding human-health and ecological land-users provided that any permission granted includes conditions that limit:
• The applicant to the use of ultra-low sulphur diesel, with a sulphur content not exceeding 0.001% of fuel; and
• The number of hours of operation to 390 per annum.”
8.12 Subject to the imposition of appropriate control through the recommended condition 6 (restricting the use to Ultra-low Sulphur fuel which has a maximum sulphur content of 10ppm) and a restriction on hours of operation per annum to 390 (such condition having been omitted in error from the agreed list of conditions in the SOCG), the air quality impacts will be neutral (complying with Policies SP2, SP16 and EN8).
8.13 In the absence of such restrictive conditions (i.e. the facility operating in a wholly uncontrolled manner), the impact of the development would be negative.
1 The Council’s review (by RPS) assumes that agreement is reached with NRW that the impacts of the daily NOx at the two ancient woodlands is not significant. Neath Port Talbot Council Local Impact Report
Impact on Biodiversity
8.14 The application site itself has no ecological value but there is a need to ensure that the operation of the facility itself would not have any unacceptable impact on designated sites nearby.
8.15 These include the Crymlyn Bog RAMSAR / SAC / SSSI located 1.1 km to the south of the site, such that the significance of the effect of the development on the Features of the Site should be considered by the decision maker in accordance with the Conservation of the Habitats and Species Regulations 2017.
8.16 Full details of the SAC / RAMSAR can be found at https://sac.jncc.gov.uk/site/UK0012885 and https://rsis.ramsar.org/ris/608 respectively but are also found at Appendix NPT5.
8.17 Other designations include several areas of Ancient Woodland within the surrounding area including Ancient Semi-Natural Woodland located as follows (and identified on the designated sites plan at A15 and NPT Constraints Plan at Appendix NPT6):
• adjacent to the M4 (Unique ID: 12259), circa 235m away from the site with the M4 intervening; • adjacent to the B4290 (Unique ID: 18273), circa 645m from the site with the M4 intervening; • adjacent to the A465 (Unique ID: 12260), circa 390m from the site with various roads and commercial properties intervening; and • further north-west on either side of the railway line (Unique IDs: 12261/12262/12263), circa 845m from the site.
8.18 All sites are listed as Ancient Semi-Natural Woodland in the Ancient Woodland Inventory 2011, with the Ancient Woodland Inventory on the NRW website setting out how they identified ancient woodland.
8.19 The submission has been accompanied by an AECOM Ecology Technical Note (Document A15) and memo re. short-term NOx exceedances at ancient Neath Port Talbot Council Local Impact Report
woodland (Document A19). Impacts on the designated sites have been considered as part of the Air Quality Assessment.
8.20 The Councils review (by RPS) agrees2 with the AQ report’s conclusions that the Project is unlikely to have a significant effect on … ecology, subject to conditions that limit:
• The applicant to use ultra-low sulphur diesel, with a sulphur content not exceeding 0.001% of fuel; and • The number of hours of operation not exceeding 390 per annum.
8.21 Based on the nature and scale of the development and the Air Quality assessment undertaken, subject to application of the recommended conditions it is considered that the impact of the development on nearby designated sites will be neutral (complying with Policies SP15, EN6 and EN7).
8.22 In the absence of such restrictive conditions (i.e. the facility operating in a wholly uncontrolled manner), the impact of the development on nearby designated sites (Ancient Woodland) is likely to be negative.
Noise Impacts
8.23 It is noted that no adverse noise impacts were predicted at the time of the original grant of planning permission, and the facility has been operational since 2013 with no adverse comments received.
8.24 The application has been supported by a Noise Impact Assessment (Document A21) addressing the noise impacts of the development including additional plant and equipment. This has been reviewed by the Council’s Environmental Health officer as part of pre-application discussions.
2 The Council’s review (by RPS) assumes that agreement is reached with NRW that the impacts of the daily NOx at the two ancient woodlands is not significant. Neath Port Talbot Council Local Impact Report
8.25 The SOCG has AGREED that the low/medium impact predicted by the BS 4142 and BS 8233 methods overestimate the actual impact that the operation of the mitigated peaking plant will have and the actual impacts will be low.
8.26 The SOCG has also AGREED that with the Best Practicable Means (BPM) mitigations in place, taking into consideration the particular context of the operation of the Project Site and the nature of the surrounding area the impact of noise from the development will be low or very low
8.27 Receptor locations have been agreed by the Council’s Environmental Health Officer.
8.28 Subject to the imposition of appropriate controls through the recommended condition 3 (restricting hours of operation outside the hours of 07.00 to 23.00 to a maximum of 50 hours in any calendar year), condition 5 (acoustic fencing) and condition 7 (relating to noise rating levels at agreed receptors) it is considered that the operation of the site would not have an unacceptable effect on residential amenity, and the likely noise impacts will be neutral (complying with Policies BE1 and EN8 of the LDP).
8.29 In the absence of such restrictive conditions (i.e. the facility operating in a wholly uncontrolled manner), the impact of the development would be negative.
Heritage Impacts
8.30 The development is considered to have a neutral impact on heritage with no nearby designated assets (see SOCG para 2.1.5) being affected by the development.
Land Contamination
8.31 The application site forms part of the wider Coed Darcy Strategic Regeneration Area site which benefits from outline planning permission, on which there are a number of conditions relating to remediation, and validation of any potential land contamination. The site owners also have obligations under legal agreement to remediate the site, for which there is an independent monitor. Neath Port Talbot Council Local Impact Report
8.32 As stated in the SOCG, the Council’s Land Contamination Officer considers that the application site was remediated to a satisfactory level by St Modwen prior to the generation facility being developed. The development of the facility did not disturb the surface or geology of the ground with the exception of limited shallow trenching to accommodate electricity connection cables. The surface of the ground has been capped with gravel with the containers sitting on top of raised sleepers. As such, the facility has not had any impact upon ground conditions at the site.
8.33 The impact of the development in terms of land contamination is thus considered to be neutral (complying with Policies SP16 and EN8).
Power Generation
8.34 The scheme would generate circa 20MW of electrical power sufficient to power homes and businesses in times of short-term need. The development thus ensures that there is provision for power for residents within the local and wider community and this would have a positive impact.
9. SUMMARY
9.1 With the exception of the prospective proposal for additional ancillary equipment, the development has previously been granted planning permission with the Authority considering that there would be no unacceptable impacts.
9.2 The application is brought before the DNS regime due to a failure to comply with pre-commencement conditions attached to the relevant consent. Notwithstanding the above, the Authority has reviewed the submitted information relating to the current proposal (retrospective and prospective), and considers that provided appropriate controls are in place through the recommended conditions, that the impacts of the development would be neutral.
9.3 The proposal would also have positive impacts in terms of energy generation and securing consistency of local supply in times of short-term need. Neath Port Talbot Council Local Impact Report
10. PROPOSED CONDITIONS
10.1 Without prejudice to the determination of the application or the matters raised in this LIR, the need for planning conditions have been discussed within the applicant’s agents, and a schedule of agreed conditions provided in the Statement of Common Ground.
11. LEGAL AGREEMENT
11.1 Without prejudice to the determination of the application or the matters raised in this LIR, the Council would not be seeking any S106 contributions from the proposed development.
Reference No: P2012/1061
NEATH PORT TALBOT COUNTY BOROUGH COUNCIL CYNGOR BWRDEISTREF SIROL CASTELL-NEDD PORT TALBOT
TOWN AND COUNTRY PLANNING ACT 1990 THE TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (WALES) ORDER 2012
APPROVAL OF FULL PLANNING PERMISSION
21/01/2013 P2012/1061 Name and address of the applicant Name and address of the agent
Andrew Hyndman Peakgen Power Gables Lodge 62 Kenilworth Road Leamington Spa CV32 6JX
Whereas on the Wednesday, 21 November 2012 you submitted an application for the following development:-
PROPOSAL Emergency backup STOR (Short Term Operating Reserve) compound to support the National Grid with associated switchgear and boundary treatments. LOCATION Land rear of Unit 6A D'Arcy Business Park Llandarcy Neath
THE NEATH PORT TALBOT COUNTY BOROUGH COUNCIL AS THE LOCAL PLANNING AUTHORITY IN PURSUANCE OF ITS POWER UNDER THE ABOVE MENTIONED ACT AND ORDER HEREBY PERMITS THE DEVELOPMENT TO BE CARRIED OUT IN ACCORDANCE WITH THE APPLICATION AND THE PLANS SUBMITTED THEREWITH, SUBJECT TO COMPLIANCE WITH THE CONDITIONS SPECIFIED HEREUNDER:
Conditions:-
(1)The development hereby permitted shall be begun before the expiration of five years from the date of this permission. Reason
DECNFPA Page 1 of 11 Reference No: P2012/1061
To comply with the requirements of Section 91 of the Town and Country Planning Act 1990.
(2) Prior to commencement of works on site a signed construction method statement shall be submitted to and approved by the Local Planning Authority. The statement shall provide for the following:
(a)The parking of vehicles of site operatives and visitors. (b)Loading and unloading of plant and materials. (c)Storage of plant and materials used in constructing the development. (d)The erection and maintenance of security holding including decorative displays and facilities for public viewing, where appropriate. (e) Prevention of material discharge onto the Public Highway. (f) Measures to control the emission of dust and dirt during construction. (g) Wheel washing facilities to be implemented. (h) A scheme for recycling/disposing of waste resulting from the construction works. (i) The number and frequency of Lorries entering and leaving the site per day, vehicle routes and frequency of road sweeping.
The approved statement is adhered to throughout the construction period.
Reason In the interests of highway and pedestrian safety.
(3) The access and turning facility for delivery and maintenance with drawing number 5041216-UTL-DWG-1332 and retained as such thereafter, unless otherwise agreed in writing by the Local Planning Authority.
Reason In the interests of Highway and Pedestrian safety.
(4) The access road off the existing highways leading to the entrance of the energy backup STOR shall be surfaced with bitumen for the first 40 metres prior to the first opperational use of the devleopment hereby approved, and maintained as such thereafter.
Reason In the interests of Highway and Pedestrian safety.
(5) Information signs shall implemented at the entrance of the access road which advise vehicle users of where the access road leads to and that there shall be “no unauthorised vehicles beyond this point”. These advisory signs
DECNFPA Page 2 of 11 Reference No: P2012/1061 shall be implemented and visual from the existing highway to inform vehicle users of this restricted access.
Reason In the interests of Highway and Pedestrian safety.
(6) No building or construction of the access hereby permitted shall be occupied or accessed until a full surface water strategy has been submitted to and approved in writing by the Local Planning Authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water:-
Drainage incorporating any suds proposals to ensure that the existing green- field levels of surface water run-off are not increased and an indication of emergency overland flow routes. Such scheme shall ensure that proper drainage of any adjoining land is not interrupted or otherwise adversely affected.
Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of receiving groundwater and surface waters;
Include a timetable for its implementation; and
Provide a management and maintenance plan for the lifetime of the development. The approved drainage scheme shall be managed and maintained thereafter in accordance with agreed management and maintenance plan.
Reason In the interests of amenity.
(7) There must be no interference, alteration or diversion of any ditch, watercourse, Alterations to Ditches stream or culvert crossing or bordering the site unless otherwise agreed in writing with the Local Planning Authority.
Reason In the interests of amenity.
(8) Prior to commencement of any works a scheme providing a strategy of how the surface water within the development is controlled and discharged
DECNFPA Page 3 of 11 Reference No: P2012/1061 safely during the course of construction period. This strategy shall be submitted to and approved in writing by the Local Planning authority.
Reason In the interests of amenity, and pollution control.
(9) Prior to any development taking place, a landscaping scheme shall be submitted to and approved in writing by the local planning authority. This scheme, shall accord with the wider site landscape strategy and use native species, and shall provide for the screening of the development. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out within the first planting season following construction of the devleopment and any trees or plants which within a period of five years die, 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 of the area.
(10) The generators hereby approved shall only be operated between the hours of 07.00 and 23.00 hours.
Reason In the interests of amenity of adjoining properties.
(11) This permission benefits for a maximum generating capacity of 20MW, and the specification of generator and number of generators as set out within the application documentation. Any alteration to the generating capacity, specification of generator or the number of generators proposed shall require the prior written approval of the Local Planning Authority, and provided with noise and air quality data to assess the impacts of these amended details.
Reason in the interest of amenity, and to assess any alterations on the air quality and noise impacts of the proposals.
(12) The noise rating level emitted from the generators shall not be greater than the existing background noise level. The noise levels shall be determined at the nearest noise-sensitive premises or at another location that is deemed suitable by the Authority. Measurements and assessments shall be made in accordance with BS 4142:1997 Method for rating industrial noise affecting mixed residential and industrial areas.
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Reason In the interests of amenity.
(13) All engines and alternators shall be permanently housed within acoustically lined ISO containers. Ventilation apertures and engine exhausts shall be silenced at all times.
Reason In the interests of amenity.
(14) An acoustic barrier totalling 3.5m in height shall be constructed around the entire permiter of the compound. The barrier shall be constructed prior to the first opperational use of the devleopment hereby approved and retained as such thereafter, and maintained in such a manner that there are no gaps in the structure and the barrier is of effective mass to achieve the required sound insulation and levels as set out within condition 12 of this permission.
Reason In the interests of amenity.
(15) In the event of a justified noise complaint, the Local Authority will require the applicant to employ an independent acoustic consultant to undertake a noise impact assessment. A copy of the report must be provided to the Local Authority. If the report identifies the need for further mitigation measures, the applicant shall imediately cease operation of the site, and implement the recommended actions. A noise impact assessment shall then be retaken and if the noise levels are reduced to levels compliant with Condition 12 of this permission, operations may recommence. If noise levels are not compliant with Condition 12, operation of the site shall remain in abayance until additional mitigation measures have be introduced and until compliance with condition 12 is achieved.
Reason In the interests of amenity.
(16) Within one month of the first operation of the development hereby approved a noise survey shall be submitted detailing the actual noise levels from the development to ensure that the required noise levels are being achieved or bettered, and if required details of any further mitigation measures proposed including timescales for the implementation of these works, and subsequent reassessment.
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Reason In the interests of amenity, and to ensure that the impacts of noise from the development as built are adequately monitored.
(17) Prior to the commencement of work on site a scheme to assess the nature and extent of any contamination on the site, and confirmation of whether or not it originates on the site shall be submitted to and agreed in writing with the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons in accordance with the following document:- Land Contamination: A Guide for Developers (WLGA, WAG & EAW, July 2006) and shall be submitted as a written report which shall include:
(i) A desk top study to identify all previous uses at the site and potential contaminants associated with those uses and the impacts from those contaminants on land and controlled waters. The desk study shall establish a ‘conceptual site model’ (CSM) identifying all plausible pollutant linkages to be assessed.
(ii) a survey of the extent, scale and nature of contamination;
(iii) an assessment of the potential risks to: • human health, • ground waters and surface waters • adjoining land, • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, • ecological systems, • archaeological sites and ancient monuments;
(iv) an appraisal of remedial options, and proposal of the preferred remedial option(s).
Reason: To ensure that information provided for the assessment of the risks from land contamination to the future users of the land, neighbouring land, controlled waters, property and ecological systems is sufficient to enable a proper assessment.
(18) Prior to the commencement of work on site a remediation scheme to bring the site to a condition suitable for the intended use by removing any unacceptable risks to human health, buildings, other property and the natural and historical environment shall be prepared and submitted to and agreed in writing with the Local Planning Authority. The scheme shall include all works
DECNFPA Page 6 of 11 Reference No: P2012/1061 to be undertaken, proposed remediation objectives, remediation criteria and site management procedures. The measures proposed within the remediation scheme shall be implemented in accordance with an agreed programme of works.
Reason : To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
(19) Prior to beneficial use of the proposed development commencing, a verification report which demonstrates the effectiveness of the agreed remediation works carried out in accordance with condition (Please insert the condition number requiring remediation to be carried out) shall be submitted to and agreed in writing with the Local Planning Authority.
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
(20) In the event that contamination is found at any time when carrying out the approved development that was not previously identified, work on site shall cease immediately and shall be reported in writing to the Local Planning Authority. A Desk Study, Site Investigation, Risk Assessment and where necessary a Remediation Strategy must be undertaken in accordance with the following document:- Land Contamination: A Guide for Developers (WLGA, WAG & EAW, July 2006). This document shall be submitted to and agreed in writing with the Local Planning Authority. Prior to occupation of the development, a verification report which demonstrates the effectiveness of the agreed remediation, shall be submitted to and agreed in writing with the Local Planning Authority.
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off site receptors.
(21)All facilities for the storage of oils, fuels or chemicals shall be on impervious bases and surrounded by impervious bund walls. The volume of
DECNFPA Page 7 of 11 Reference No: P2012/1061 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 capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall 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 pipes should be detailed to discharge downwards into the bund.
Reason To prevent pollution of watercourses
NOTES TO DEVELOPER
(1) In order to mitigate the risks detailed below, the Developer should contact Network Rail’s Asset Protection Wales Team prior to mobilising on site or commencing any works. The initial point of contact is [email protected]. Network Rail will provide Engineering support subject to a Basic Asset Protection Agreement.
EXCAVATIONS/EARTHWORKS All excavations / earthworks carried out in the vicinity of Network Rail’s property / structures must be designed and executed such that no interference with the integrity of that property / structure can occur. If temporary compounds are to be located adjacent to the operational railway, these should be included in a method statement for approval by Network Rail. Prior to commencement of works, full details of excavations and earthworks to be carried out near the railway undertaker’s boundary fence should be submitted for approval of the Local Planning Authority acting in consultation with the railway undertaker and the works shall only be carried out in accordance with the approved details. Where development may affect the railway, consultation with the Asset Protection Engineer should be undertaken.
SITE LAYOUT It is recommended that all buildings be situated at least 2 metres from the boundary fence, to allow construction and any future maintenance work to be carried out without involving entry onto Network Rail's infrastructure. Where trees exist on Network Rail land the design of foundations close to the boundary must take into account the effects of root penetration in accordance with the Building Research Establishment’s guidelines.
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FOUNDATIONS Network Rail offers no right of support to the development. Where foundation works penetrate Network Rail’s support zone the works will require specific approval and careful monitoring by Network Rail. There should be no additional loading placed on the cutting and no deep continuous excavations parallel to the boundary without prior approval.
PLANT, SCAFFOLDING AND CRANES Any scaffold which is to be constructed adjacent to the railway must be erected in such a manner that at no time will any poles or cranes over-sail or fall onto the railway. All plant and scaffolding must be positioned, that in the event of failure, it will not fall on to Network Rail land.
DRAINAGE Additional or increased flows of surface water should not be discharged onto Network Rail land or into Network Rail's culvert or drains. In the interest of the long-term stability of the railway, it is recommended that soakaways should not be constructed within 30 metres of Network Rail's boundary.
FENCING The applicant should refer to their conveyance for any particular fencing specification however due to the change of use the minimum specification should be 1.8 metre high steel palisade. No encroachment must take place on Network Rail’s land without prior agreement from Network Rail’s Property Department.
LANDSCAPING It is recommended no trees are planted closer than 1.5 times their mature height to the boundary fence. The developer should adhere to the company’s advice guide on acceptable tree/plant species. Any tree felling works where there is a risk of the trees or branches falling across the boundary fence will require railway supervision.
GROUND LEVELS Should the works involve disturbing the ground on or adjacent to Network Rail’s land it is likely/possible that Network Rail and the utility companies have buried services in the area in which there is a need to excavate. Network Rail’s ground disturbance regulations applies. The developer should seek specific advice from Network Rail on any significant raising or lowering of the levels of the site.
DECNFPA Page 9 of 11 Reference No: P2012/1061
LIGHTING Any lighting associated with the development (including vehicle lights) must not interfere with the sighting of signalling apparatus and/or train drivers vision on approaching trains. The location and colour of lights must not give rise to the potential for confusion with the signalling arrangements on the railway.
SAFETY BARRIER Where new roads, turning spaces or parking areas are to be situated adjacent to the railway; which is at or below the level of the development, suitable crash barriers or high kerbs should be provided to prevent vehicles accidentally driving or rolling onto the railway or damaging the lineside fencing.
ACCESS POINTS Where Network Rail have defined access points, these must be maintained to Network Rail’s satisfaction.
Signed : ……………………… Geoff White – Head Of Planning
Date: 21/01/2013
DECNFPA Page 10 of 11 Reference No: P2012/1061
Important Notes:
(1) The developer should have regard to Sections 4, 7, 8 and 8A of the Chronically Sick and Disabled Persons Act 1970 and to the British Standards Institution’s Code of Practice for "Design of buildings and their approaches to meet the needs of disabled people" (BS 8300:2001).
(2) Please note that any works carried out without compliance with the conditions attached to this approval will be entirely at the risk of the persons involved and may result in formal action being taken by the Local Planning Authority.
(3)From 1st October 2012 it will be an offence to install a public sewer or lateral drain without having an adoption agreement in place. From the 1st October 2012 the vast majority of all existing private sewers and lateral drains which link with the public sewer network will transfer to Welsh Water. For further details on how this will affect your development please contact: Welsh Water developer Services, PO Box 3146, Cardiff, CF30 0EH. Telephone No. 0800 9172652 or email: [email protected]
DECNFPA Page 11 of 11
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LOUVRE EXTRACT EXTRACT LOUVRE FAN FAN ■ , ]Oj SL 2 ELEVATION B ID 5—-t RUBBER MATING TO FLOOR AREA A HKv7 Swtch Gear r 2.905 «J RUBBER MATING TO FLOOR AREA 9 4 ft & C3 tt *- Peak Gen Power Ltd *?> 12.200 3.200 ^18 South Street 3 1 OCT 2011 ELEVATION C London ELEVATION A PLAN W1K 1DG 1 1 i* <^ s siJ <2> CHRISTOPHER STONE MCIAT Architectural Design, Technology & Interior Design Chartered Institute uf Architectural Technologists Tiie Design Studio Homcleigh • Stratford Road • Mickelton Gloucestershire • GLSS 6SR Tel: 01386 438428 ♦ Fax: 01386 438920 Email: [email protected] H'lfii"Ui, finm; Hlil.lNllH IHI H H'tl )t II II fc ntJliii J to m PROJECT GLAND GLAND •GLAND GLAND PLATE PLATE ?PLATE PLATE 12.200 Mefre SWITCHGEAR CONTAINER TITLE _M LOUVRE LOUVRE REVISIONS ELEVATION D •08061357* Doc Date: 27/11/2012 Printed by: DE246 P2012/1061 Devebpment Control Appication Documents - DC Pfens - DC General Plan GP swiichgear container 0 0.5 1 3 Metres SCALE DATE NORTH 1:50 31/1/11 JOBNo. DRG No. REV. No. FG 02 12*200 Metre SWITCHGEAR CONTAINER This Drawing must not be scaled. Ail dimensions must be checked on site before commencing work or preparing shop drawing. Any errors or discrepancies must be brought to the Designer's attention. a. 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No. P6 01 This Drawing must not be scaled. All dimensions must be checked on site before commencing work or preparing shop drawing. Any errors or discrepancies must be brought to the Designer's attention. Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 www.npt.gov.uk/ldp Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 Cynllun Datblygu Lleol Cyngor Bwrdeistref Sirol Castell-nedd Port Talbot (2011-2026) Mabwysiadwyd Ionawr 2016 Proposals Map Map Cynigion 28 29 34 35 40 41 surrounding pages tudalennau amgylchynol Scale/Graddfa 1:12000 ➣ N 34 © Crown Copyright and database right 2016. Ordnance Survey 100023392 © Hawlfraint a hawliau cronfa ddata’r Goron 2016. Rhif Trwydded yr Arolwg Ordnans 100023392 Legend Neath Port Talbot County Borough Boundary National Nature Reserve [SP15/1(c)] Overarching Policies Quiet Area Settlement Limit (EN10) (SC1) Mineral Sites Area Based Policies Operational Coal Site Coastal Corridor Strategy Area/Valleys Strategy Area Operational Hard Rock Quarry (SP17/1) (SP5 & SP6) Operational Sand & Gravel Site University Campus Safeguarded Coal Resource Neath Port Talbot County Borough Council (CCUC1) (M1) Strategic Regeneration Area Safeguarded Category 1 Sand & Gravel Resource (SRA) (M1) Mixed Use Regeneration Scheme Safeguarded Category 2 Sand & Gravel Resource Local Development Plan (CCRS1 & VRS1) (M1) Communities & Housing Safeguarded Category 1 Sandstone Resource Housing Allocation/Housing Landbank Site (M1) (2011-2026) (H1) Safeguarded Category 2 Sandstone Resource Pontardawe Spatial Area (M1) (AH1) Mineral Buffer Zone Adopted January 2016 Gypsy/Traveller Development Site (M3) (GT1) Settlement Protection Zone The Economy (M2/1) Strategic Employment Site Refined Strategic Search Area (EC1) (RE1/1) Existing Employment Area Waste Management Site (EC2) (SP19) Town Centre Transport & Access (R2/1) Primary & Core Road Networks Primary Shopping Street M4 Motorway (R2/3) A465 (Trunk Road) Primary/Core Road Network District Centre Highway Network Enhancement Scheme (R2/1) (TR1/1 - TR1/5) Local Centre Integrated Transport Hub (R2/1) (TR1/6) Tourism Led Regeneration Scheme Amman Valley Cycle Way (T03/1) (TR1/7) Wales Coast Path Afan Valley Trail (T04/1) (TR1/8) Cognation Mountain Bike Trail Park & Share Site (T04/2) (TR1/9) Great Dragon Ride Route Safeguarded Freight Facility (T04/3) (TR4) Environment & Resources Culture & Heritage Undeveloped Coast Landscape of Historic Interest (EN1) [SP21/4(a)] Special Landscape Area Historic Park and Garden (EN2) [SP21/4(b)] Special Landscape Area/Operational Coal Site Overlap Conservation Area [SP21/4(c)] Green Wedge Scheduled Ancient Monument (EN3) [SP21/4(d)] Special Area of Conservation Safeguarded Canal Route [SP15/1(a)] (BE3) Site of Special Scientific Interest www.npt.gov.uk/ldp www.npt.gov.uk/ldp Welsh Language Sensitive Area [SP15/1(b)] (SP22) Section 3 Overarching Policies Health 3 Overarching Policies at risk from fooding in the frst instance in 3.0.1 Policies SP1 to SP4 and associated detailed policies accordance with the sequential approach set out in 3.0.6 Strategic Policy SP2 Health are overarching policies relating to matters considered to national guidance or in locations that could increase be of primary importance for the whole County Borough. the risk of fooding elsewhere; Policy SP 2 They set out measures that will be implemented through 2. The fragmentation of habitats will be minimised and Health all themes and topic areas of the LDP. opportunities made for habitat and species change The following measures will be taken in relation to the and migration where possible. Climate Change high levels of poor long term health and sickness in LDP Objective: OB 1 and OB 2 Neath Port Talbot: 3.0.2 Strategic Policy SP1 Climate Change 1. The development of sustainable, safe and confdent 3.0.3 Climate change is likely to afect the environment communities will be promoted through the co- Policy SP 1 and future development of Neath Port Talbot in a range location of jobs and facilities and the development Climate Change of signifcant ways, some of which are not fully predictable of community facilities and services in accordance The causes and consequences of climate change will be at present. It is also necessary to reduce greenhouse with the settlement framework; gas production as far as reasonably possible in order addressed by implementing the following measures. Relevant Key Policies: SC1-SC2; I1; EC1-EC6; BE1. to minimise the causes of climate change. These issues In relation to the causes of climate change: are considered to be of fundamental importance to 2. People’s exposure to those elements that can have 1. The efciency and sustainability of the County the LDP and have infuenced every aspect of the Plan’s an adverse impact on their health (such as their Borough’s settlements will be enhanced through development. Climate change is consequently seen as an social, economic or physical environment) will be developing more cohesive and efcient settlements overarching matter to be addressed by all topic areas. reduced where possible through consideration and settlement patterns, and consequently more of the environmental and safety impacts of new 3.0.4 The measures outlined in the climate change sustainable travel patterns; developments; strategic policy have therefore fundamentally infuenced the development of the Plan, and will be addressed Relevant Key Policies: H1; AH1-AH2; GT1-GT2; 2. Greenhouse gas emissions from transport will OS1-OS2; EN8-EN10; W1; BE1. be minimised through encouraging freight / and implemented through all its policies and proposals. commercial transport by alternatives to road (e.g. Development allocations have been selected in accordance 3. Healthier, more active and safer lifestyles will be rail or sea); with sustainable development principles to be in locations encouraged through the retention of a range of that minimise as far as possible dependence on the private accessible leisure, recreational, health, retail, social, 3. Dependence on the private car and the need to car and can beneft from local services and facilities, while cultural and community facilities throughout the travel in general will be reduced through promoting encouraging the provision of locally based facilities in order County Borough; alternative means of transport and more efcient to address the causes of climate change. At the same time, Relevant Key Policies: OS1-OS2; SC2; I1; R1-R3; BE1. use of existing facilities, co-location and joint use of the efects of a changing climate (for example food risk) facilities; have been taken into account as far as possible in all the 4. Accessibility within and between communities will Plan allocations and policies. be improved to encourage active travel; 4. Provision will be made for the County Borough’s Relevant Key Policies: TR1-TR2; BE1. appropriate contribution to renewable and low 3.0.5 New developments will be expected to avoid unnecessary food risk and to meet the requirements of carbon energy generation. 5. The provision of new employment opportunities TAN 15: Development and Flood Risk. No highly vulnerable will be promoted to reduce unemployment and In relation to the consequences of climate change: development will be permitted within Development economic inactivity rates. Advice Map (DAM) Zone C2(8) and development will only 1. Likely increased food risk will be taken into account be considered in areas at risk of fooding where it can be Relevant Key Policies: EC1-EC6. and addressed by ensuring that there is greater demonstrated that the site can comply with the justifcation resilience by avoiding development on land that is LDP Objective: OB 2 and assessment requirements set out in the TAN. 8 TAN15 Development Advice Map (DAM) is available to view on the following link: http://data.wales.gov.uk/apps/foodmapping/ Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 33 3.0.7 Within Neath Port Talbot there are some signifcant ●● Provision and Protection of Open Space – policies health issues afecting the population. Within the LDP, seek to ensure that all residents have access to health is considered to be an overarching topic area adequate open space through ensuring that new as it will be addressed through a range of policies and development addresses local needs and that interventions which can have positive health benefts. existing open spaces are retained and protected. Such provision includes outdoor sport facilities, 3.0.8 As with Policy SP1 Climate Change, the measures children’s play facilities, informal open space, green outlined to address health issues will be implemented space and allotments; through a number of the Plan policies and proposals: ●● Accessibility – policies seek to improve accessibility ●● Sustainable Settlements – the development of between communities, encouraging active sustainable, healthy and cohesive communities, travel wherever possible. New developments either newly-built settlements such as Coed Darcy are required to be served by sustainable or through the enhancement and improvement of transport options and facilitate connectivity existing settlements is a fundamental element of the between existing and new development, LDP’s strategic approach. In defning a ‘settlement providing footpath / cycle links where hierarchy’, development is directed to the most feasible; sustainable locations helping to sustain the existing services and facilities on ofer and also provide ●● Employment – policies seek to provide the opportunity to deliver additional services and new employment opportunities to facilities for the beneft of the wider community. reduce unemployment and economic A well designed, adequately resourced and well- inactivity rates; and connected neighbourhood can provide positive health benefts; ●● Environment – the quality of the environment and the basic natural ●● Housing Allocations – the location of the major needs that it provides for are of great housing developments takes account of the need to importance for health and well-being. reduce people’s exposure to those elements that can Policies therefore seek to protect have an adverse impact on their health, including the environment and the amenity of siting sensitive developments away from sources of local communities. Air, water, ground noise, air pollution and food risk. Furthermore, new quality and the environment generally housing is built to strict environmental standards to are protected. In particular, policies seek to increase energy efciency; ensure that developments do not increase the number of people exposed to signifcant levels of ●● Protection of Community Facilities – healthier, pollution. more active and safer lifestyles are encouraged through policies seeking the retention of a range of accessible leisure, recreational, health, social, cultural and community facilities throughout the County Borough. Multi-use facilities and the co- location of new health and community facilities are also encouraged; 34 Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 3.0.12 Policy SC1 Settlement Limits under the terms of Policy SC1 will be expected to be Where development is permitted outside settlement located near to existing development whenever possible, limits, any new buildings must be located adjacent to preferably within or adjacent to Dormitory settlements Policy SC 1 existing buildings or settlements wherever possible where appropriate. Settlement Limits and be of an appropriate scale and form. Development within settlement limits that is 3.0.16 Whether specifc development proposals are proportionate in scale and form to the role and function 3.0.13 All settlements have been assessed for their appropriate or suitable outside settlement limits will be of the settlement as set out in the Settlement Hierarchy capacity to accommodate new development and their assessed with reference to the relevant topic policies will be acceptable in principle. potential for expansion. Consequently, with the exception within this Plan and national policy. of Dormitory settlements, all settlements have defned Outside settlement limits, development will only be limits, with greater potential for development incorporated 3.0.17 ‘Employment use’ relates to uses that provide permitted under the following circumstances: for settlements that are higher in the hierarchy. Settlement signifcant employment opportunities as set out in Policy EC3. 1. It constitutes a sustainable small scale employment limits are an important tool for managing the shape and use adjacent to a settlement limit; or extent of the urban area. They defne the areas within 3.0.18 ‘One Planet Development’ refers to development which development which accords with the role and that through its low impact either enhances or does not 2. It constitutes live-work unit(s) immediately adjacent function of the settlement will be permitted in principle; signifcantly diminish environmental quality. This is fully to a settlement limit in the Valleys Strategy Area they allow for development which would contribute defned in Planning Policy Wales, which also sets out the only; or towards the creation and maintenance of sustainable limited circumstances under which such developments 3. It constitutes the small-scale expansion of an communities in accordance with the strategy; they prevent may be permitted in the open countryside. existing business or the suitable conversion of an the coalescence of settlements, ribbon development and 3.0.19 Policy SC2 Protection of Existing Community existing building; or fragmented development and also prevent inappropriate Facilities 4. It constitutes the appropriate replacement of an development in the countryside. existing dwelling; or 3.0.14 Within settlement limits, most types of Policy SC 2 5. It is an afordable housing exception site; or development will be acceptable in principle subject to Protection of Existing Community Facilities compliance with all relevant policy and subject to it being 6. It is an appropriate rural enterprise dwelling; or Any proposals which would result in the loss of an proportionate in scale and form to the role and function of 7. It is an appropriate ‘One Planet Development’; or important existing community facility will only be the settlement. For example, larger scale proposals, such as permitted where it can be demonstrated that: 8. It is a sustainable tourism or farm diversifcation developments of more than a few dwellings or uses that will proposal that is suitable in a countryside location; attract or accommodate signifcant numbers of people are 1. The facility is surplus to requirements; or or only likely to be acceptable in larger centres or towns where 2. The existing use is no longer viable. 9. It is associated with the provision of public utilities, there are adequate facilities and transport infrastructure. In infrastructure and waste management facilities that areas outside settlement limits development is much more 3.0.20 Community facilities are a vital part of the life of cannot reasonably be located elsewhere; or strictly controlled and will normally only be permitted in a community and can help create cohesive communities the circumstances set out in the policy. where people are able to meet and participate in a range of 10. It is associated with either agriculture, forestry, activities, making a fundamental contribution to ensuring minerals or energy generation; or 3.0.15 Due to their lack of facilities, Dormitory settlements the sustainability of communities. The importance of are not considered to be sustainable locations for most 11. It relates to the appropriate provision of meeting places is vital for health and well-being and helps types of development and consequently do not have accommodation for Gypsies / Travellers; or create communities where residents feel included rather defned settlement limits. Proposals for development in than isolated. 12. It constitutes the provision of open space and small Dormitory settlements will be treated as development scale ancillary facilities adjoining the settlement outside settlement limits under Policy SC1. Proposals for 3.0.21 For the purposes of this policy, any facility limit. development outside settlement limits that can be justifed that serves a community purpose can be defned as a 36 Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 Section 4 Area Based Policies 4.0.5 Policy SRA1 Coed Darcy Strategic Regeneration 4 Area Based Policies 8. Improving public and private transport provision Area 4.0.1 The strategy will be implemented through area including the following schemes: based policies relating to the Coastal Corridor Strategy (a) Highway improvements at Baglan Energy Park, Policy SRA 1 Area and the Valleys Strategy Area. These set out the Coed Darcy, Ffordd Amazon, and Harbour Way; difering approaches to the two strategy areas which Coed Darcy Strategic Regeneration Area (b) New interchange and railway station are required to ensure that the overall strategy of A Strategic Regeneration Area is designated at Coed improvements at Port Talbot; concentrating development along the coastal corridor Darcy, Neath for the development of an urban village while reinvigorating the valleys area is realised. (c) Park and Share scheme at Junction 38 (M4) comprising the following allocations: Margam. The Coastal Corridor Strategy Area LDP Objective: OB 5 Reference Use Size 4.0.2 Strategic Policy SP5 Development in the Coastal H1/LB/5 Residential 4,000 units, 2,400 within Corridor Strategy Area 4.0.3 Policy SP5 sets out how the strategy to facilitate the Plan period growth within Neath Port Talbot will be applied in the EC1/3 B1 Business 41,200 sq m Policy SP 5 Coastal Corridor Strategy Area. It will be implemented Development in the Coastal Corridor Strategy Area through specifc policies for the regeneration areas and 4.0.6 Coed Darcy Urban Village was granted outline In the Coastal Corridor Strategy Area, sustainable schemes and relevant topic policies. planning permission in 2008. Once completed the growth and development will be promoted to beneft development will comprise approximately 4,000 the County Borough as a whole, while protecting and 4.0.4 Within the Coastal Corridor Strategy Area, two dwellings, 41,200 sqm of business use, up to 3,000 sqm enhancing the area’s character and environment. This Strategic Regeneration Areas (SRAs) provide opportunities of retail foorspace (to provide for the needs of the Urban will be achieved through the following area-specifc for large scale redevelopment and regeneration of Village), other commercial development, education and measures: signifcant areas of brownfeld land and these will be developed over the LDP period and beyond. The SRAs will community facilities and associated infrastructure. 1. Making provision for the majority of new residential make a signifcant contribution to delivering the strategy, development along the coastal corridor; will promote economic growth, meet the objectives of the 4.0.7 The urban village concept seeks to achieve the full range of development types in order to complement 2. Allocating Strategic Regeneration Areas at Coed Plan and are fundamental to the delivery of the Authority’s the housing element forming a sustainable community Darcy (Neath) and Harbourside (Port Talbot); key regeneration proposals. They are strategically located in the urban areas of Neath and whereby residents can closely access facilities, services 3. Allocating Strategic Employment Sites at Baglan Bay Port Talbot and are proposed and employment opportunities. and Junction 38 (M4) Margam; for mixed use development 4.0.8 Road improvements required to facilitate the 4. Safeguarding existing employment uses and sites to promote signifcant development include the Southern Access Road (TR1/2) for employment purposes; regeneration to take and improvements to Junction 43 of the M4 (TR1/4). 5. Promoting mixed use regeneration schemes at place that will bring Neath Town Centre, Port Talbot Town Centre and wider benefts to 4.0.9 The development of Coed Darcy Urban Village Aberafan Seafront; Neath Port Talbot. will be phased over the Plan period and beyond. Map 4.1 gives an indication of the broad proposals for the 6. Developing a University Campus at Fabian Way; Coed Darcy SRA. 7. Managing urban form and setting through the designation of Green Wedges; Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 41 4.0.10 Policy SRA2 Harbourside Strategic 4.0.12 The Harbourside allocation area is afected by the Regeneration Area risk of fooding, with signifcant parts identifed as being within Development Advice Map Zone C(9). All development Policy SRA 2 proposals within the Harbourside allocation will be required to demonstrate that they accord with national Harbourside Strategic Regeneration Area policy relating to food risk as set out in TAN15, including A Strategic Regeneration Area is designated at provision for emergency access and egress in accordance Harbourside, Port Talbot for a mixed use development with an agreed evacuation plan. comprising the following allocations: 4.0.13 In order to support the regeneration of the area Reference Use Size and to give clarity about site constraints a masterplan Map 4.1 Coed Darcy Masterplan H1/17 Residential 385 Units will be published in the form of Supplementary Planning Guidance (SPG). The masterplan will provide guidance as EC1/4 Employment 7 ha to the type of development that the Council considers R1/3 A1 Bulky 3.37 ha appropriate within Harbourside and the town centre, Comparison Goods including residential units, bulky goods retail, education and business uses (ofces, light industry and storage/ 4.0.11 The Harbourside SRA is an extensive area distribution). The phasing and timescales envisaged for of brownfeld former dockland close to Port Talbot the development will be set out, taking into account the town centre. It provides an important opportunity for current position, the amount of site preparation needed comprehensive mixed use development in a sustainable and food risk considerations. The majority of development central location and the redevelopment project is being plots identifed in the masterplan are not within food risk (10) promoted by the Local Authority in conjunction with areas and those that are include sufcient Zone A land private sector developers. The project includes the to accommodate the development envisaged. following elements: 4.0.14 Parcels of land have already been developed including a Research and Development Facility and ●● The construction of Harbour Way (Peripheral Distributor Road); a Justice Centre. Harbour Way is now completed and provides excellent transport links from the site to the M4. ●● The continued operation of the docks and tidal harbour; 4.0.15 Map 4.2 gives an indication of the broad proposals for the SRA. ●● A range of mixed residential, leisure and retail development opportunities; ●● Potential for high quality business and commercial development for small scale industrial and ofce uses maximising the advantage of proximity to the town centre; and Key Residential Commercial Retail/ Community Use/ ●● The environmental regeneration of the area. Residential School Playing Pitches Development Boundary Heathland 9 Area based on Natural Resources Wales extreme food outline having probability of fooding of 0.1% or greater. 10 Area defned as being at little or no risk of fuvial or tidal / coastal fooding. 42 Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 Section 5 Topic Based Policies 5.2 The Economy requirement of 20 hectares of land for B uses, this includes opportunities and necessary amenities. an anticipated net need of 34,000 sqm of B use foorspace. “Promoting a Sustainable Economy” In order to meet this requirement the LDP has identifed 5.2.6 In order to help to reinvigorate the valleys areas, Employment two strategic employment sites at Baglan Bay and Junction a more fexible approach will be taken, with appropriate 38 (M4) Margam. These sites are located in the coastal employment and ‘live-work’ units being acceptable 5.2.1 Strategic Policy SP11 Employment Growth corridor which is the area of highest market demand with in principle outside of, but immediately adjacent to easy access to the strategic road and freight networks. settlement limits. Policy SP 11 5.2.7 Policy EC1 Employment Allocations Employment Growth 5.2.3 The strategic employment site at Baglan Bay is made up of some 75 hectares of land, however, it is anticipated Existing employment uses will be supported and that only part of the site will be developed within the Plan Policy EC 1 safeguarded and new and expanding employment period and the area will continue to meet the needs for developments will be encouraged through the following Employment Allocations employment uses and needs of the energy sector beyond measures: The following sites are allocated for employment uses: the life of the LDP. The site cannot be readily subdivided 1. 96 hectares of land for employment and business and allocation for other uses will undermine its market purposes will be allocated for development within attractiveness for employment. The whole area is therefore Reference Site Size Use Class Permitted the Plan period in the Coastal Corridor Strategy Area allocated in recognition of the longer term aspiration and to meet economic development and employment to aid fexibility. This area of land is made up of 15 hectares EC1/1+ Baglan Bay 75 ha*, of B1, B2 and which 15 ha B8(14) needs; (13) of conventional B employment uses. It is anticipated a is allocated 2. Additional employment provision will be made proportion of the site will be developed for ancillary uses for B Use within the Strategic Regeneration Areas as part to support the wider function of the employment area and EC1/2+ Junction 38 6 ha B1, B2 and of mixed use, sustainable development in these to satisfy the needs of the energy sector. (M4), Margam B8 locations; 5.2.4 In addition to this provision, employment uses will EC1/3 Land within 4 ha B1 3. Existing employment areas will be safeguarded for Coed Darcy be incorporated within the two Strategic Regeneration SRA employment uses; Areas. Whilst the land at Coed Darcy will provide local EC1/4 Land within 7 ha B1 4. Premises in existing appropriate lawful employment employment for residents of the new developments and Harbourside use will be safeguarded for employment purposes; generally enhance the sustainability of the urban village, SRA Harbourside will provide land for small scale industrial 5. Employment uses will be encouraged in principle and ofce users maximising the advantage of proximity Total 32 ha within settlement limits; to the town centre. Parcels of land have already been 6. In the Valleys Strategy Area, a fexible approach will developed including a Research and Development facility Key: be taken to employment proposals and ‘live-work’ and a Justice Centre. + Preferred Sites for In-Building Waste Treatment Facilities. units within or immediately adjacent to settlement limits. 5.2.5 The County Borough has a number of existing * Employment land to meet the needs of the energy sector and employment areas, 19 of which are safeguarded for any ancillary facilities and services which support and complement LDP Objectives: OB 2, OB 11 and OB 12 employment purposes. These sites, together with existing the wider role and function of B Uses within and beyond the life employment land and premises elsewhere will continue of the LDP. 5.2.2 The Economic Assessment and Employment Land to play an important role in supporting the local economy. Provision Study by Peter Brett Associates (PBA) on behalf They will be safeguarded for employment uses wherever Baglan Bay Strategic Employment Site of the City and County of Swansea and Neath Port Talbot appropriate, including broader categories of uses than County Borough Council (2012) identifed an anticipated those within Class B such as ancillary cafés, day nurseries 5.2.8 Baglan Bay is a brownfeld site and will deliver increase of 3,850 jobs over the LDP period with a resultant and commercial services which provide employment a substantial number of jobs over the LDP period and 13 Uses which fall within B1, B2, B8 use class. 14 Use Classes defned within Glossary. Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 59 Section 5 Topic Based Policies 5.2.17 Policy EC2 Existing Employment Areas 5.2.18 Existing employment areas throughout the County 5.2.20 Policy EC3 Employment Area Uses Borough will be protected and future development Policy EC 2 restricted to employment uses as set out in Policy EC3. Policy EC 3 This will include vacant land and premises within these Existing Employment Areas employment areas where appropriate infll development Employment Area Uses In order to protect the employment function of the will be allowed. Within allocated and existing employment areas, unless County Borough’s employment areas, uses on the otherwise specifed and where appropriate, uses will following sites will be restricted in accordance with 5.2.19 The sites are well located and relate well to existing be restricted as follows: Policy EC3: settlements and infrastructure and could therefore ●● Uses within classes B1, B2 and B8; reduce the need for residents to travel further afeld to Reference Site access employment opportunities. Their protection will ●● Ancillary facilities or services which support and EC2/1* Fabian Way ensure that a range of sites, in terms of size, location and complement the wider role and function of the EC2/2 Lonlas Village Workshops, Neath potential uses, is retained over the Plan period and allow primary employment use; EC2/3 Neath Abbey Business Park, Neath for the needs of existing businesses and ‘natural churn’ within the economy. A large proportion of this land will ●● Commercial services unrelated to class B. EC2/4 Neath Abbey Wharf, Neath accommodate expansion space for indigenous occupiers, EC2/5* Melincryddan CMB / Milland Road Industrial for example Inter-tissue uses. The employment land Developments will be required to demonstrate that Estate, Neath that is genuinely available within these sites is therefore proposals do not cause any adverse impacts on EC2/6* Baglan Energy Park limited as the majority of the land will provide fexibility for the overall function of the employment area and neighbouring commercial and residential properties, EC2/7* Baglan Industrial Estate, Port Talbot existing users. the proposal can be sustainably justifed in this location EC2/8 Endeavour Close, Port Talbot and is appropriate in scale and form to the role and EC2/9+ Kenfg Industrial Estate, Port Talbot function of the employment area. EC2/10* Llewellyn’s Quay, Port Talbot EC2/11* Tata Steelworks, Margam 5.2.21 In order to stimulate growth in the economy a wider mix of uses will be permitted on the allocated sites EC2/12 Croeserw Industrial Estate, Afan Valley and the existing employment areas. These are likely to EC2/13* Glyncorrwg Workshops, Afan Valley be commercial services and complementary uses (other EC2/14* Cwmgors Workshops and Industrial Estate, than uses best located in a retail centre). These will be Amman Valley permitted where they will have no adverse impact on EC2/15* Crynant Business Park, Dulais Valley the overall function of the estate and neighbouring EC2/16* Vale of Neath Supplier Park, Neath Valley commercial and residential properties. Acceptable uses may include activities such as commercial vehicle repair EC2/17* Glynneath Village Workshops, Neath Valley and maintenance facilities, crechés and cafés etc. EC2/18 Alloy Industrial Estate, Pontardawe 5.2.22 Within heavy industrial sites, such as Tata Steel, EC2/19* Former Compair / GMF Factory, Ystalyfera, Swansea Valley the types of ancillary facilities or services that would be appropriate would be diferent to that of general Key: employment estates or employment parks. Due to their * Sites which lie within areas of food risk identifed in TAN 15. heavy industrial nature, the types of ancillary services + Preferred Sites for In-Building Waste Treatment Facilities. that may be appropriate could include energy and power generation, and waste recovery and transfer proposals Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 61 not contained within the traditional B use classes. Such evidence required will vary depending on the use and will increase the number and range of employment uses will be favourably considered where the proposals circumstances but may include details of why the land / opportunities within communities thus providing the local would support the overall function of the employment premises is no longer in use and evidence to show that population with greater access to jobs. area and would not cause any adverse impact on the area reasonable eforts have been made to market it for sale or for employment purposes or cause unacceptable harm to lease for its existing use. 5.2.29 As with the existing employment areas a wider mix the amenity of neighbouring properties. of uses than the traditional B1, B2 and B8 use classes will 5.2.26 Policy EC5 Employment Uses in the Valleys be considered in recognition that the needs of businesses 5.2.23 Policy EC4 Protection of Existing Employment are changing and will continue to change over the LDP Uses Policy EC 5 period and a more fexible approach within the valley areas is required. Employment Uses in the Valleys Policy EC 4 In the Valleys Strategy Area, proposals for employment 5.2.30 Policy EC6 Live-work Units Protection of Existing Employment Uses uses as defned in Policy EC3 outside settlement limits Proposals which would result in the loss of existing will be permitted where: Policy EC 6 land or buildings in employment use as defned in 1. The site directly adjoins the settlement limit; and Live-work Units Policy EC3 and/or within the existing employment areas identifed in Policy EC2, will only be permitted 2. The site is in a sustainable location and is accessible Appropriate live-work units in the Valley Strategy Area where the following criteria are satisfed: by sustainable modes of transport; and will be permitted in accordance with the following criteria: 1. It is demonstrated that employment uses are no 3. The site is serviced or can be readily serviced; and longer viable or appropriate in this location; or 4. Development would have no detrimental impact 1. The site lies within or immediately adjacent to the settlement limit; and 2. Continued use for employment purposes would on the amenities of neighbouring commercial or have unacceptable impacts on the environment, residential properties, the environment, landscape 2. The percentage split of foor space is no less than local amenity or adjacent uses; or or highway safety; and 60% work; and 3. The existing space can be redeveloped for 5. The development would be proportionate in scale 3. The live-work foorspace is adjoining the dwelling employment uses that achieve an increased level and form to the role and function of the settlement foorspace; and of employment combined with other appropriate or area. 4. The business is carried out by an occupier of the uses. premises; and 5.2.27 National Policy aims to promote rural diversifcation 5. A business plan is submitted as part of the planning and identifes that in rural locations new development sites 5.2.24 It is recognised that development for employment application process which demonstrates the for employment uses should generally be located within or uses on some sites may become unviable over the Plan proposed employment use is viable over the long- adjacent to settlement boundaries, preferably where public period as the economy continues to change. In order to term; and enable fexibility for the appropriate re-use of such sites, transport provision is established. 6. The development would have no detrimental impact the policy aims to provide a basis for assessing applications 5.2.28 The strategy aims to reduce unemployment, on the amenities of neighbouring properties, the for the conversion of existing employment areas, land increase economic activity and reduce the numbers who environment or highway safety. and premises to non-employment uses. This will enable commute long distances for work in order to improve the the Local Authority to control and manage the release of Conversion of live-work units to non-employment uses economic vibrancy of the County Borough. A more fexible unwanted employment sites to other uses. will not be permitted unless it can be demonstrated approach is therefore adopted in the Valleys Strategy that employment use is no longer viable. 5.2.25 The applicant will be required to demonstrate Area, allowing employment uses adjoining a settlement that employment uses as identifed in Policy EC3 are no limit, subject to sustainability and amenity considerations. longer viable or appropriate in that location. The type of The adoption of a fexible approach in the valleys area 62 Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 5.3.21 The replacement or rebuilding of an existing lawful 5.3.23 Buildings in the countryside that are to be Biodiversity and Geodiversity dwelling located in the countryside outside settlement converted to alternative uses will need to be suitable for 5.3.26 Strategic Policy SP15 Biodiversity and limits is likely to be acceptable where the proposal will the proposed purpose and in terms of their appearance Geodiversity conserve and where possible enhance local biodiversity in relation to their surroundings, the wider landscape interest, the countryside and landscape. Opportunities and countryside and should be sound and capable to provide a high quality design which respects the local of conversion to the proposed use without major Policy SP 15 style and scale of dwellings, but which may be innovative, reconstruction. Proposals that involve major signifcant Biodiversity and Geodiversity will be encouraged where appropriate. The size, bulk and changes to the original building will be dealt with in Important habitats, species and sites of geological siting of the proposed building is likely to have a signifcant accordance with policy relating to new development interest will be protected, conserved, enhanced and infuence on the visual and landscape characteristics of outside settlement limits. managed through the following measures: the area, and proposals should not normally exceed the 1. The identifcation of the following Internationally overall dimensions or cubic content of the original building 5.3.24 Residential uses of industrial, commercial or and Nationally designated sites within the County by more than 20% or deviate signifcantly from the siting agricultural buildings can have an adverse impact on the Borough to enable their protection: of the original building. local economy and will therefore only be acceptable where the conversion facilitates the retention of an important (a) Special Areas of Conservation (SACs) and Ramsar 5.3.22 Policy EN5 Conversion and Extension of building. These are likely to be substantial established Sites; Existing Buildings in the Countryside buildings that are of signifcant merit in architectural or (b) Sites of Special Scientifc Interest (SSSIs); historic terms and developers will need to demonstrate Policy EN 5 that reasonable eforts have been made to market the (c) National Nature Reserves (NNRs). premises for sale or lease for employment generating 2. The identifcation and protection of sites of regional Conversion and Extension of Existing Buildings in uses. the Countryside and local importance; The alteration, extension or conversion of existing 5.3.25 Extensions to buildings that are either existing 3. The protection of important natural heritage suitable buildings outside the defned settlement limits dwellings in the countryside or are buildings being features. for residential, employment, or tourism uses will only converted into dwellings should be limited in size to LDP Objective: OB 15 be permitted where: ensure that the form and character of the original 1. The existing building is structurally sound and is building is not adversely afected. The size of extension likely to 5.3.27 In parallel with the variety of diferent landscapes capable of conversion without substantial major across the County Borough, there is a wide variety of external alteration or reconstruction. be acceptable will depend on the circumstances of diferent habitats and species, from coastal beaches 2. In the case of changes of use to residential purposes each individual case, but and sand dunes to upland heaths and moors, alone: extensions should not including river estuaries, farmland and extensive woodland and forest. (a) It can be demonstrated that there are no viable normally exceed the overall dimensions or alternative uses to secure the retention of the 5.3.28 Three sites partly within Neath Port cubic content of the building; and Talbot have European designations for nature original building by (b) That the building is of architectural and/or conservation (Natura 2000 and Ramsar sites) more than 20%. historic merit. with others further afeld that could also be afected by developments within the County 3. In the case of residential extensions, the extension Borough. These sites are protected by European does not result in a disproportionate increase in the and UK legislation and any proposals that could size, scale and massing of the building. have an adverse efect will not be permitted except under certain very limited and specifc circumstances. 70 Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 Section 5 Topic Based Policies Proposals that are likely to signifcantly afect any of these that there is no reduction in the overall value of the area sites will be subject to Habitats Regulations Appraisal or feature. Where mitigation is not possible, compensation (HRA) to ensure that no harm will be caused. The LDP has measures will normally be required to ofset harm as far been subject to HRA(20). as practicable. However, compensation measures are considered to be a last resort option. 5.3.29 There are twenty Sites of Special Scientifc Interest (SSSIs) within the County Borough including 5.3.35 The Biodiversity SPG will indicate how biodiversity four which are designated partly or wholly for geological should be taken into account in the planning process and reasons. These sites are of national importance and are will also give details of the procedure for providing of-site protected by national policy with a presumption against compensation if necessary. development likely to cause any damage. Policy relating to Internationally and Nationally designated sites is set 5.3.36 Policy EN7 Important Natural Features out in Planning Policy Wales and associated documents. Policy EN 7 5.3.30 In addition to the formally designated areas, Important Natural Features much of the County Borough area contains habitats and Development proposals that would adversely afect species which should be conserved and enhanced. The ecologically or visually important natural features such LDP biodiversity strategy and policies aim to ensure that as trees, woodlands, hedgerows / feld boundaries, biodiversity is fully taken into account in all planning watercourses or ponds will only be permitted where: decisions. 1. Full account has been taken of the relevant features 5.3.31 Policy EN6 Important Biodiversity and 5.3.32 Regionally Important Geodiversity Sites (RIGS), in the design of the development, with measures Geodiversity Sites Local Nature Reserves (LNRs) and Sites of Interest for put in place to ensure that they are retained and Nature Conservation (SINCs) are locally identifed sites protected wherever possible; or Policy EN 6 that meet agreed criteria relating to their biodiversity 2. The biodiversity value and role of the relevant feature Important Biodiversity and Geodiversity Sites or geodiversity importance, while the Local Biodiversity has been taken into account and where removal is Development proposals that would afect Regionally Action Plan (LBAP) identifes habitats and species that are unavoidable, mitigation measures are agreed. Important Geodiversity Sites (RIGS), Local Nature priorities. S42 habitats and species are those listed by the Reserves (LNRs), Sites of Interest for Nature Welsh Government as being of principal importance for 5.3.37 In addition to designated SINCs and sites that Conservation (SINCs), sites meeting SINC criteria or the purposes of conserving biological diversity under the meet SINC criteria, there are numerous local landscape sites supporting Local Biodiversity Action Plan (LBAP) provisions of S42 of the Natural Environment and Rural features that are of importance for biodiversity, such as or S42 habitats or species will only be permitted where: Communities Act 2006(21). trees, woodland, hedgerows and other feld boundaries, 1. They conserve and where possible enhance the 5.3.33 Two RIGS have been identifed within the County watercourses, wetlands and ponds and green lanes. natural heritage importance of the site; or Borough(22) and these will be detailed in Supplementary These features can serve as ‘corridors’ or ‘stepping stones’ 2. The development could not reasonably be located Planning Guidance. The identifcation of SINCs is an on- that connect areas of biodiversity importance and allow elsewhere, and the benefts of the development going process, and identifed sites will also be shown in movement of species. Many such features may be multi- outweigh the natural heritage importance of the SPG together with the criteria used for designation. The functional, having important roles as footpaths or cycle site. policy therefore relates to both identifed SINCs and sites routes connecting settlements, as recreational open that meet SINC criteria. space and as visual / landscape features as well as their Mitigation and/or compensation measures will need biodiversity role. Such features and areas should be to be agreed where adverse efects are unavoidable. 5.3.34 Where harm to biodiversity sites is unavoidable, retained and enhanced wherever possible. efective mitigation measures will be required to ensure 20 Habitats Regulations Appraisal (January 2016). 21 http://www.biodiversitywales.org.uk/biodiversity in wales-2.aspx 22 Geodiversity Sites: South Wales RIGS Audit (R Kendall and A Humpage - British Geological Survey 2012). Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 71 Environmental Protection Plan or in planning control, but have been taken into the County Borough. This monitoring has identifed areas 5.3.38 Strategic Policy SP16 Environmental Protection account in the development of Plan proposals and policies of concern in some central urban areas, with exceedances and will need to be refected in planning decisions. in the Margam / Taibach area leading to the declaration of Policy SP 16 an Air Quality Management Area (AQMA) in 2001. 5.3.41 Policy EN8 Pollution and Land Stability Environmental Protection 5.3.44 Development proposals that could potentially Air, water and ground quality and the environment Policy EN 8 result in or contribute to breaches of any air quality generally will be protected and where feasible improved objective will be required to show (through modelling Pollution and Land Stability through the following measures: exercises or other appropriate technical information, Proposals which would be likely to have an unacceptable including taking into account cumulative impacts) that 1. Ensuring that proposals have no signifcant adverse adverse efect on health, biodiversity and/or local amenity this will not occur. While the provisions would apply efects on water, ground or air quality and do not or would expose people to unacceptable risk due to the throughout the County Borough, developments in the signifcantly increase pollution levels; following will not be permitted: vicinity of the AQMA that would result in additional 2. Giving preference to the development of brownfeld ●● Air pollution; direct emissions to the atmosphere or could have sites over greenfeld sites where appropriate and indirect efects such as through generating signifcant deliverable; ●● Noise pollution; additional trafc are an example of such a proposal. If 3. Ensuring that developments do not increase the ●● Light pollution; this requirement cannot be met, either with or without number of people exposed to signifcant levels of mitigation measures, the proposal will not be acceptable pollution. ●● Contamination; under the terms of the policy. LDP Objectives: OB 2, OB 16 and OB 17 ●● Land instability; 5.3.45 In the central Port Talbot area in particular, ●● Water (including groundwater) pollution. operations during the construction phase of developments 5.3.39 The quality of the environment and the basic natural have the potential to result in exceedences of air quality needs that it provides for are of great importance for human Proposals which would create new problems or objectives relating to particulates. This may depend on health and well-being, with the potential to afect quality of exacerbate existing problems detailed above will not local weather or atmospheric conditions and the type of life in fundamental ways. The legacy of past activities in the be acceptable unless mitigation measures are included operations being undertaken. Policy EN9 sets out specifc area, mainly relating to heavy industry, coupled with present to reduce the risk of harm to public health, biodiversity requirements for development in the central Port Talbot day industry, transport and development pressures all and/or local amenity to an acceptable level. area and further information on this topic will be provided have impacts on the environment which need to be taken in Supplementary Planning Guidance. into account and addressed where possible. Air quality, 5.3.42 Pollution of all types can cause signifcant 5.3.46 In relation to noise, potentially noisy proposals ground contamination and stability and the quality of water damage to human health, biodiversity, quality of life and should not be located close to sensitive uses (such as resources can all afect and be afected by development residential amenity and Policy EN8 is intended to ensure hospitals, schools and housing) and new noise-sensitive proposals in the Plan, together with levels of light pollution that developments will not exacerbate existing problems, developments should not be located near to existing noisy and noise levels. The Plan strategy is to protect and improve cause new problems or result in more people being uses (including industry and existing or proposed transport the environment as far as possible, and Policy SP16 sets out routinely exposed to unacceptable pollution levels of any infrastructure) unless it can be shown that adverse the approach that will be taken. type. The policy refers to unacceptable efects or risk, efects can be dealt with through mitigation measures and the interpretation of this will depend on the type of 5.3.40 In relation to environmental pollution, there is a incorporated into the design. Where noise levels are likely pollution being considered and likely efects. wide range of control and permitting systems and regimes to be a signifcant issue, developers may be required to which developments and operations have to comply with 5.3.43 In relation to air quality, objectives are set for a provide information to show that no nuisance is likely that are separate from the Town and Country Planning range of pollutants(23) and Neath Port Talbot’s air quality is to be caused through increased noise levels at sensitive system. These requirements cannot be duplicated in the measured against these objectives at a range of sites across locations if the development proceeds. Policy EN10 sets out policy relating to designated Quiet Areas. 23 The Air Quality Strategy for England, Scotland, Wales and Northern Ireland (DEFRA 2007). 72 Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 Section 5 Topic Based Policies 5.3.47 Light pollution can be an issue where it has potential 5.3.51 Policy EN9 Developments in the Central 5.3.53 Policy EN10 Quiet Areas adverse efects on the natural or historic environment, on Port Talbot Area people’s health and amenity or on wildlife and habitats. Policy EN 10 These concerns will need to be balanced against the Policy EN 9 need to enhance safety and security and to enable sport, Quiet Areas recreation and other activities to take place. Where lighting Developments in the Central Port Talbot Area In order to protect areas of tranquillity within urban proposals have the potential to cause adverse efects, Developments in the central Port Talbot area that could areas, the following ‘Quiet Areas’ have been identifed: mitigation measures will be required to ensure that their result in breaches of air quality objectives during their impact is minimised. construction phase, will be required to be undertaken Reference Quiet Area in accordance with a Construction Management Plan EN10/1 Neath Abbey Ruins, Neath 5.3.48 Some of the Plan’s brownfeld allocations and submitted as part of the planning process and agreed EN10/2 Mount Pleasant Park, Neath proposals incorporate land that is contaminated due to past by the Council. industrial uses. In many cases remediation measures have EN10/3 Skewen Park, Neath been or are being undertaken as part of the development 5.3.52 The construction of major developments in the EN10/4 Shelone Woods, Neath process. In other cases, where contamination is likely or is central Port Talbot Area, including (but not limited to) EN10/5 Victoria Gardens, Neath found to be present, information will be required to show those within the Harbourside SRA, may potentially result EN10/6 Church Place, Neath the level and type of contamination present, and proposals in breaches of air quality objectives in the surrounding EN10/7 Talbot Memorial Park, Port Talbot for remediation and mitigation to show that no adverse area (including within the Margam/Taibach AQMA). efects will be caused at any stage of development within or The main risk relates to an increase in atmospheric EN10/8 Vivian Park, Port Talbot outside the site. In addition, developments and operations particulates resulting from construction activities. Any EN10/9 Baglan Park, Port Talbot involving scrub clearance and soil removal of-site can have such developments will consequently be required to EN10/10 King George V Park, Pontardawe implications for the spread of invasive species, some of submit a Construction Management Plan detailing which (such as Japanese Knotweed and Himalayan Balsam) measures to be taken to avoid this possibility. The Development proposals that would have unacceptable are subject to the Natural Resources Wales’ licence control Construction Management Plan should identify the impacts on the characteristics that led to the designation measures as part of the Environmental Protection Act (1990). construction operations that could cause air quality will be resisted. 5.3.49 In cases where there is evidence that a site may be impacts and measures to prevent such impacts arising. unstable, or that development may cause stability issues, These may include measures to minimise as developers may be required to undertake specialist far as possible the generation of dust, the investigation or assessment to show that the development modifcation or phasing of the more can proceed safely and without having adverse efects. polluting activities and the suspension However, in such cases the responsibility and subsequent of any polluting activities at times liability for the safe development and secure occupancy of of particular air pollution risk. the site rests with the developer and/or landowner. Further details concerning these requirements will be set out in 5.3.50 Developments will be expected to minimise Supplementary Planning Guidance. any adverse efects on water quality, and additional information may be required in cases where there may be issues relating to existing poor water quality or a development has the potential to cause pollution. Developments will be required to ensure that no pollution is caused through drainage. Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 73 5.3.78 Policy M4 Criteria for the Assessment of 5.3.80 Proposals will need to demonstrate that the 5.3.85 In regard to appropriate after-uses, this may Mineral Development development would not result in any unacceptable impacts include agriculture, forestry / woodland and amenity. The to the environment. Particular regard will be given to the creation of landscapes which are characteristic of the area Policy M 4 potential impact on the landscape, nature conservation and priority habitats identifed in the Local Biodiversity and wildlife interests of the site and adjoining land, areas Action Plan (LBAP) will be favoured. Criteria for the Assessment of Mineral of historical, cultural and archaeological importance, Development agricultural interests, pollution or disturbance to ground 5.3.86 Developer Contributions are often utilised to Proposals for mineral extraction and associated or surface water supply or drainage, ground stability of the secure a form of beneft for those local communities that development will only be permitted where all of the site and adjoining land and air quality and the potential for are most afected by such mineral operations. This may following criteria, where relevant, are satisfed: mine gas emissions. include contributions towards the development of new, 1. The existence of the mineral has been investigated or improvement of existing, community facilities or the and proven; 5.3.81 Proposals will also need to demonstrate that the creation of local employment during the construction and development would not result in any unacceptable impacts operation phases. 2. An assessment has been made that demonstrates on the amenity of neighbouring land uses or individual that it would not be feasible to supply the mineral properties. Particular regard will be given to the potential for 5.3.87 The Authority will therefore encourage and from secondary sources; noise, dust, blast and vibration arising from the methods of facilitate, where appropriate, the use of such Developer 3. It is demonstrated that measures can be taken working, visual amenity, health, access and trafc generated Contributions. to and from the site, fooding and food risk and severance to reduce, and where possible avoid, damage or Renewable and Low Carbon Energy disturbance to the environment and the amenity of to public rights of way or roads. neighbouring land uses or individual properties to 5.3.88 Strategic Policy SP18 Renewable and Low acceptable levels; 5.3.82 In accordance with national planning policy a Carbon Energy Health Impact Assessment (HIA) will be required, where 4. It can be demonstrated that the development would appropriate. This is likely to form part of any Environmental Policy SP 18 not compromise highway safety; Statement submitted with any proposal. 5. Appropriate, acceptable proposals are submitted Renewable and Low Carbon Energy for: 5.3.83 In regard to restoration, proposals should be phased A proportionate contribution to meeting national to commence as early as possible and where appropriate, renewable energy targets and energy efciency (a) The efective and sustainable extraction of the the Council will encourage progressive restoration. The West targets will be made while balancing the impact of mineral; Glamorgan County Council Act 1987 enables the Authority development on the environment and communities. (b) The duration, method and phasing of operations; to attach a planning condition requiring the deposition of a This will be achieved by: fnancial bond to secure restoration and aftercare to any non (c) The management of mineral waste; 1. Encouraging where appropriate, all forms of British Coal Corporation (and their successors) coal mining renewable energy and low carbon technology (d) Restoration; and planning permission. development; (e) Benefcial after-use and after care. 5.3.84 Where planning permission is granted for coal 2. Encouraging energy conservation and efciency mining therefore, the Authority will require the deposit of a measures in all new major development proposals; 5.3.79 The policy sets out criteria against which all fnancial bond or other means of fnancial security capable of 3. Ensuring that development will not have an proposals for mineral extraction and associated securing satisfactory landscaping, restoration and aftercare unacceptable impact on the environment and development will be assessed including those relating to requirements. In all other cases where the Authority is amenity of local residents. new development, extensions to existing operations, the minded to grant planning permission for mineral reworking of mineral tips for their mineral content, coal- development, the Authority will, where appropriate, seek LDP Objective: OB 19 bed methane extraction, shale gas extraction and any agreements to secure satisfactory restoration and aftercare mineral review applications. usually through Section 106 Agreements. 76 Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 Section 5 Topic Based Policies 5.3.89 As a result of increasing concern regarding the 5.3.92 Policy RE1 Criteria for the Assessment of 5.3.93 The policy sets out criteria against which all proposals production of greenhouse gases and the implications for Renewable and Low Carbon Energy Development for renewable and low carbon energy development will be climate change together with the availability of energy assessed including those relating to large (>25MW), medium resources, the production of energy from renewable Policy RE 1 (5-25MW) and small scale (<5MW) on-shore wind farms, EfW, resources and the need to make efcient use of energy CHP, Biomass, Hydro-Power and Solar technology. has become increasingly important. In accordance with Criteria for the Assessment of Renewable and Low Carbon Energy Development national guidance therefore, the strategy seeks to deliver 5.3.94 Technical Advice Note (TAN) 8: Renewable Energy a proportionate contribution to meeting Wales’ national Proposals for renewable and low carbon energy identifes seven Strategic Search Areas (SSAs) across Wales renewable energy targets and energy efciency targets. development will only be permitted subject to the which are capable of accommodating large scale (>25MW) following criteria: wind farm developments. Two of the SSAs (SSA E and SSA 5.3.90 Renewable and low carbon energy development 1. Large scale wind farm developments (>25MW) will F) are predominantly located within Neath Port Talbot can include schemes such as on-shore Wind Farms, Energy be expected to be located within the boundaries of with capacity targets set for each. Neath Port Talbot, along from Waste (EfW), Combined Heat and Power (CHP), the refned Strategic Search Areas. with a consortium of four other Local Planning Authorities, Biomass, Hydro-Power and Solar technologies. Whilst commissioned a study to refne the SSAs with the outcome developments will be encouraged in principle, as a result of 2. Proposals for wind farms of any size outside the of the study providing recommendations as to the best and the signifcant potential in Neath Port Talbot for wind farm SSAs will only be permitted where it is demonstrated most appropriate locations within the SSAs in regard to development, the LDP seeks to regulate the exploitation that there will be no unacceptable impact on landscape, environmental and technical issues. The refned of renewable energy while achieving an acceptable and visual amenity or landscape character through the areas are identifed on the Proposals Map. sustainable balance with protecting the environment and number, scale, size, design and siting of turbines the amenity of local communities. The LDP provides clear and associated infrastructure. 5.3.95 Within the refned SSAs, the Authority will seek to criteria against which all future proposals will be assessed. 3. Small scale wind farm developments (<5MW) will be maximise the acceptable installed capacity and would required to demonstrate that impacts are confned seek to restrict schemes that could constrain it. Medium 5.3.91 In order to reduce the overall need to generate to the local scale. scale (5-25MW) wind farms would therefore potentially electricity, energy conservation and efciency measures be acceptable provided they did not constrain the SSAs will be encouraged in all new development. 4. All renewable energy or low carbon energy generating capacity. development proposals will be required to demonstrate that: 5.3.96 Outside of the refned SSAs, the Authority will (a) Measures have been taken to minimise impacts adopt a case-by-case approach to such schemes. Small on visual amenity and the natural environment; or community based wind farms (less than 5MW) may be acceptable across the County Borough but will need to (b) There will be no unacceptable impacts on demonstrate that any impact would be confned to the residential amenity; local scale. Particular regard will be given to the potential (c) The development will not compromise highway cumulative visual impact that the proposal may have in safety; combination with other existing, consented or proposed larger scale developments, refecting the potentially (d) The development would not interfere with radar, major impact on the County Borough’s landscapes and air trafc control systems, telecommunications communities that could be caused by development within links, television reception, radio communication the refned SSAs. and emergency services communications; and (e) There are satisfactory proposals in place for site 5.3.97 All schemes will need to demonstrate that the restoration as appropriate. proposal would not cause any unacceptable impacts to the environment and the amenity of local residents or communities. Particular regard will be given to the Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 77 potential impact on the landscape, townscape or seascape, 5.3.102 Where appropriate, development applications 5.3.106 In line with national guidance, the strategy seeks nature conservation, wildlife interests, areas of historical and will need to be accompanied by an ‘Energy Assessment’ to adopt a sustainable approach to waste management cultural importance and the potential for pollution, noise, which investigates the potential to incorporate on-site and contribute to making provision for an integrated and dust, vibration, refected light and shadow ficker. zero and low carbon equipment and establish connections adequate network of waste management facilities. to existing sources of renewable energy. Opportunities 5.3.98 Developer Contributions are often utilised to secure for linking with district heating networks and where 5.3.107 In regard to waste treatment capacity, the Materials a form of beneft for those local communities that are appropriate sharing renewable energy with the wider Recovery and Energy Centre (MREC) will continue to treat a most afected by such development proposals. This may public should also be explored. signifcant proportion of the County Borough’s waste arisings. include fnancial benefts in the form of subsidised utility The site is identifed on the Proposals Map. bills, contributions towards the development of new, or 5.3.103 The assessment will be required to set out how 5.3.108 Advances in technology and the introduction of new improvement of existing, community facilities or the creation the proposal can make a contribution towards increased legislation, policies and practices mean that many modern of local employment during the construction and operation levels of energy generation from renewable and low waste management / resource recovery facilities on the phases. carbon sources. Due to their scale and potential access outside look no diferent to any other industrial building, to waste heat, development proposals at Harbourside and on the inside contain industrial processes or energy 5.3.99 The Authority will therefore encourage and facilitate, and Baglan Bay in Port Talbot could present signifcant generation activities that are no diferent to many other where appropriate, the use of such Developer Contributions. opportunities to develop such schemes. modern industrial processes in terms of their operation 5.3.100 Policy RE2 Renewable and Low Carbon 5.3.104 Further details of these requirements will be set or impact. For this reason, many existing land use class Energy in New Development out in Renewable and Low Carbon Energy Supplementary B2 ‘general industrial’ employment sites are considered Planning Guidance. suitable locations for the new generation of in-building Policy RE 2 waste treatment facilities. Waste Renewable and Low Carbon Energy in New 5.3.109 Whilst there is potential for waste related Development 5.3.105 Strategic Policy SP19 Waste Management development to occur on any B2 employment sites listed Schemes that connect to existing sources of renewable under Policies EC1 and EC2, preferred locations are identifed energy, district heating networks and incorporate Policy SP 19 where proposals for new in-building waste treatment on-site zero / low carbon technology (including Waste Management facilities will be directed. The LDP also provides clear criteria microgeneration technologies) will be encouraged. against which all future proposals will be assessed. Provision will be made for the delivery of an integrated The following proposals will be required to submit network of waste management facilities through the 5.3.110 In regard to landfll, the disposal of residual an Energy Assessment to determine the feasibility of following measures: non-hazardous waste and inert waste will continue at incorporating such a scheme and where viable, would 1. Continuation of the treatment of waste arisings at Pwllfawatkin landfll site and the site is identifed on be required to implement the scheme: the Materials Recovery and Energy Centre; the Proposals Map. The remaining capacity at the site (a) Residential development for 100 or more dwellings; is sufcient to cater for both current and anticipated 2. Identifcation of preferred sites for in-building waste future demand over the Plan period and beyond. The (b) Development with a total foorspace of 1,000 sqm treatment capacity; development of further landfll will therefore be resisted. or more. 3. Continuation of the disposal of residual non- hazardous waste and inert waste at Pwllfawatkin 5.3.111 The policy also seeks to ensure that new development 5.3.101 Development proposals which incorporate landfll site; includes provision for the storage, recycling and schemes that generate renewable and low carbon management of waste. This will encourage waste reduction, 4. Ensuring that provision is made for the sustainable energy will be encouraged. The Authority has completed recycling, composting and separation at source. Minimising management of waste in all new developments. a ‘Renewable Energy Assessment’ which evaluates the or re-using waste generated through site development, potential within Neath Port Talbot to generate electricity LDP Objective: OB 20 including demolition waste, will reduce the amount of waste and heat through various renewable energy technologies. that has to be managed and ultimately disposed of. 78 Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 Section 5 Topic Based Policies 5.4 Transport and Access 5.4.3 The implementation of key transport projects the prospect of improved services, while proposals for including Harbour Way (PDR), Coed Darcy Southern Access Port Talbot Parkway Station and transport interchange “Achieving Sustainable Accessibility” Road and the integrated transport hub at Port Talbot will will further enhance local and regional travel. There is Transport help to facilitate projected demographic and economic signifcant potential for the movement of freight using the growth while allowing a more efcient use of the network. harbour, docks, river wharves and rail lines which will help 5.4.1 Strategic Policy SP20 Transport Network to reduce road congestion and environmental efects. 5.4.4 In order to reduce the need to travel and restrict Alternatives to road transport will be supported wherever Policy SP 20 negative impacts of trafc growth, the LDP will assist in possible. Transport Network developing a sympathetically designed, high quality and well maintained network of public transport, cycle and 5.4.9 Policy TR1 Transport Proposals The transport system and infrastructure will be walking routes in and between communities. The Plan will developed in a safe, efcient and sustainable manner support the implementation of planned new walking and through the following measures: Policy TR 1 cycling routes and will give favourable consideration to 1. Implementing key transport projects and supporting proposals that will improve the cycle and walking network Transport Proposals schemes identifed in the Joint Transport Plan; and public and community transport. The following key transport schemes are identifed: 2. Promoting connectivity and access to public Highway Network Enhancements 5.4.5 Parking provision for both motor vehicles and transport through improving bus and rail facilities; bicycles will be required to be incorporated into Reference Site 3. Supporting enhancements to the walking and developments focussing in particular on meeting the cycling network; needs of residents. In addition, park and share facilities TR1/1 Baglan Energy Park Link Road 4. Promoting park and share schemes along key will provide an opportunity for car sharing, reducing road TR1/2 Coed Darcy Southern Access Road highway routes; trafc for both leisure and commuting purposes. TR1/3 Ffordd Amazon (Stage 2) 5. Promoting efcient use and links to the transport 5.4.6 The identifcation of the road hierarchy establishes TR1/4 Junction 43, M4 Improvements network through the identifcation of a road the most important routes within the County Borough, TR1/5 Harbour Way (PDR) hierarchy; identifying the main corridors for movement and highlights 6. Restricting development which would have an local roads of signifcant importance. Public Transport Station Improvements unacceptable impact on highway safety; 5.4.7 The Primary network comprises the M4 motorway, Reference Site 7. Requiring development proposals to be designed the A465(T) and the A483. These are routes that are to provide safe and efcient access and promote fundamental in allowing Neath Port Talbot to function TR1/6 Integrated Transport Hub (Port Talbot) sustainable transport; regionally and provide the key network for the movement Walking and Cycling Routes 8. Requiring appropriate parking provision; of people and goods, carrying a substantial amount of trafc. The Core network comprises the A48, A4109, 9. Facilitating movement of freight by means other A4107, A474, A4067, A4221 and A4069. These routes Reference Site than road. are identifed in the Joint Transport Plan as the Regional TR1/7 Amman Valley Cycle Way LDP Objectives: OB 2, OB 21 and OB 22 Strategic Highway Network and consist of major roads TR1/8 Afan Valley Trail (Port Talbot - Afan Valley) that provide key routes through the County Borough. 5.4.2 The strategy seeks to support and develop the 5.4.8 Neath Port Talbot is also well served by alternatives transport network to safely and efectively facilitate to road transport. The main London to Swansea rail line the movement of people and freight within the County provides good links across South Wales and is due to be Borough, to reduce reliance on the private car and to upgraded and electrifed within the Plan period bringing improve connectivity to neighbouring areas. Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 81 development, with the phasing of improvements designed Park and Share Site Park and Share Site to provide additional capacity for each successive level 5.4.19 Provision for a Park and Share facility has been of the development. Such improvements include adding Reference Site made along the A48 layby at Junction 38 of the M4, Margam. additional lanes onto the roundabout’s gyratory and entry Park and Share facilities can provide an opportunity for TR1/9 Junction 38 (M4) Margam carriageways and the signal control of gyratory entry car users to meet, park and continue their journey in one junctions. car. Such provision can reduce pollution and congestion Any proposals that would prevent, or have an adverse 5.4.15 Harbour Way (PDR) is the largest transport and provide benefts such as reduced fuel costs to users impact on the implementation of the schemes, will be and therefore provide more choice and accessibility to resisted. project in Wales since the construction of the M4 and involves the creation of a 4.8km link from Junction 38 of residents. However, such schemes will only be viable if they the M4 at Margam into Port Talbot and the Harbourside. can be provided in a safe and secure environment. Highway Network Enhancements Construction will help to reduce congestion, reduce the 5.4.20 The implementation and efective functioning of 5.4.10 These highway schemes will provide improvements number of local trips on the M4 and provide a vital link the scheme is important to the future growth of Neath to Neath Port Talbot’s highway network and support future which will be able to facilitate future growth. Port Talbot and as such, any development proposals demographic and economic growth. The implementation that would hinder or have any detrimental impact on the of such schemes will help to alleviate road congestion, Public Transport Station Improvements scheme will not be permitted. improve accessibility and will be fundamental in providing 5.4.16 Neath Port Talbot has a well established rail and appropriate infrastructure to support a number of the bus network although some elements of the bus network 5.4.21 Policy TR2 Design and Access of New Plan’s employment, residential and regeneration sites. have been reduced in recent years due to funding Development shortages. The planned transport interchange scheme 5.4.11 The new Baglan Energy Park link road forms part in Port Talbot involves improvements and alterations of the Port Talbot to Swansea bus corridor. This project Policy TR 2 to Port Talbot Parkway Station and development of an creates a through road to connect the two phases integrated transport hub to provide an interchange facility Design and Access of New Development of Baglan Energy Park while retaining the rail freight for diferent forms of transport. Development proposals will only be permitted where connection, improving public transport infrastructure, all of the following criteria, where relevant, are satisfed: allowing services to fow through both parts of the Walking and Cycling Routes site. The project will also allow the Park to reach its full 1. The development does not compromise the safe, 5.4.17 Land will be safeguarded for the implementation employment potential and become more attractive to efective and efcient use of the highway network of the Amman Valley Cycle Way where it lies within the potential businesses, providing the infrastructure which and does not have an adverse impact on highway County Borough. This scheme is part of a joint Neath Port could aid future economic and employment growth in safety or create unacceptable levels of trafc Talbot and Carmarthenshire project that involves the this area. generation; completion of a rural walking and cycle track between 2. Appropriate levels of parking and cycling facilities Cwmllynfell and Ammanford. 5.4.12 The construction of the Coed Darcy Southern are provided and the access arrangements for the Access Road will provide a link between Coed Darcy 5.4.18 The Afan Valley Trail will provide a safe and site allow for the safe manoeuvring of any service and Fabian Way and will allow the efective and efcient attractive network of foot and cycle paths, linking Aberafan vehicles associated with the planned use; delivery of the strategic regeneration site at Coed Darcy. Seafront to Port Talbot, Cwmafan, Pontrhydyfen, the 3. The development is accessible by a range of travel 5.4.13 Ffordd Amazon Stage 2 is the fnal stage of Afan Forest Park and the communities of Cymmer and means, including public transport and safe cycle construction of the Ffordd Amazon road. The road will act Glyncorrwg. The tracks, along with the proposed network and pedestrian routes; of paths and bridges, will allow residents and visitors to as a primary public transport link between the Coed Darcy 4. Transport Assessments and Travel Plans are travel between key destinations, access services and will Urban Village and Swansea City Centre. provided for developments that are likely to create link into two key tourist destinations, the Afan Forest and signifcant trafc generation. 5.4.14 A series of staged improvements to Junction 43 Aberafan Seafront. Work to certain sections is part of the (M4) are required to facilitate the Coed Darcy Urban Village Sustrans Connect 2 project. 82 Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 Section 5 Topic Based Policies 5.4.22 New development will be required to demonstrate 5.4.27 Policy TR3 Safeguarding of Disused Railway 5.4.30 Due to the geographical make up and historic that it will have no adverse efect on the existing highway Infrastructure industries of the County Borough, Neath Port Talbot has network and trafc or congestion will not be increased to a variety of means by which freight can be carried. The unacceptable levels. Policy TR 3 Port Talbot Tidal Harbour, Port Talbot Docks, Neath River wharves and a number of rail connections and sidings are 5.4.23 In respect of the Primary network, new direct Safeguarding of Disused Railway Infrastructure major freight facilities operating in the County Borough access will generally not be appropriate unless it can be Disused or redundant railway infrastructure will be and ofer the potential for increased and more varied use. demonstrated that a new access is required to facilitate safeguarded and development which would inhibit wider regeneration initiatives and any development will the re-opening or the re-use for transport purposes 5.4.31 In accordance with national policy, the policy be expected to demonstrate that the proposal will not will be resisted, unless it can be demonstrated that promotes the integration and coordination of transport be detrimental to the fow of trafc or highway safety. In such re-opening or re-use is not realistic or necessary. and land use planning, by ensuring that adequate provision respect of the Core network, generally the provision of of storage and processing facilities for minerals is made at on-street parking, new direct frontage access, and turning 5.4.28 Neath Port Talbot has a number of disused docks and railheads. The Port Talbot Tidal Harbour, Port movements will be restricted in the interest of highway or redundant railway lines which have the potential Talbot Docks, existing and potential wharves and the safety and the efcient movement of trafc. for redevelopment as transport corridors. In line with important rail connections and sidings are identifed on the national planning policy, disused infrastructure will be Proposals Map. These will be safeguarded in recognition of 5.4.24 In the interests of creating more sustainable the important role they have in supporting the local economy communities new development proposals should be safeguarded where there is a realistic prospect of its re- use for transportation, or where it is appropriate to be and allowing goods to be transported by means other than accessible by a variety of means, not just the private car. road, reducing congestion and emissions. Walking, cycling and public transport play an important developed for a walking and cycling route. Development role in reducing the number of shorter journeys taken which would inhibit the potential re-opening or re-use will 5.4.32 Any development that would prejudice the existing by car and contribute towards the Plan’s aim to provide not be permitted unless it is demonstrated that the route or future use of Neath Port Talbot’s harbours, docks, a sustainable and more integrated transport network. is unsuitable for a future transportation use. wharfs and rail connections and sidings for the movement Where appropriate, new developments will be required 5.4.29 Policy TR4 Safeguarding Freight Facilities of freight will be resisted, unless it is demonstrated the to demonstrate how they connect to existing, adjacent route is unsuitable for transportation use. settlements. Policy TR 4 5.4.25 The Authority has set out parking and access Safeguarding Freight Facilities standards that developments will be required to meet The following will be safeguarded for the transportation in line with the 2008 County Surveyors Society Wales of freight: Parking Standards. Due to the diverse nature and varying characteristics of the County Borough, the Authority Reference Site has divided the area into parking zones, with respective TR4/1 Port Talbot Tidal Harbour parking standards applied to each zone. Full details will be TR4/2 Port Talbot Docks set out in Supplementary Planning Guidance. TR4/3 Existing & Potential Wharves 5.4.26 Larger developments will be required to submit TR4/4 Existing Rail Connections & Sidings a Transport Assessment in accordance with national guidance. The Transport Assessment will need to identify Proposals that would inhibit the use of the above for what the transport impacts of the development will transport purposes will be resisted, unless it can be be and set out measures that will be taken to address demonstrated that the use of the route for movement anticipated transport impacts and how any negative of freight is not realistic or necessary. efects can be mitigated. Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 83 5.5 Culture and Heritage of the County Borough’s other towns and villages derives natural environment also remains an important source from the area’s industrial heritage, from the mining and of employment with minerals and renewable energy “Respecting Distinctiveness” metal working of the early industrial revolution through developments such as wind farms introducing new types Built Environment and Historic Heritage to the large scale steel and petro-chemical industries of built environment altering the landscape. of the 20th Century. The historic heritage of the area 5.5.1 Strategic Policy SP21 Built Environment and is recognised through a range of designations, mostly 5.5.7 There are also concerns that areas around the main Historic Heritage protected by national policies. Within the County Borough, entrances or ‘gateways’ into the County Borough have there are two designated Landscapes of Historic Interest, sufered inappropriate development that have resulted Policy SP 21 six Historic Parks and Gardens, six Conservation Areas, 92 in a poorer image for the area as a whole. The strategic Built Environment and Historic Heritage Ancient Monuments and 391 Listed Buildings. policy therefore seeks to conserve and enhance the built environment and heritage of the whole County Borough The built environment and historic heritage will, where 5.5.4 Within conservation areas, development proposals including the identifed ‘gateways’. appropriate, be conserved and enhanced through the will be dealt with in accordance with national policy and following measures: guidance, which includes additional controls on demolition 1. Encouraging high quality design standards in all and the removal of trees set out in the Planning (Listed development proposals; Buildings and Conservation Areas) Act 1990. The Council 2. Protecting arterial gateways from intrusive and will be preparing a conservation area character appraisal inappropriate development; for each conservation area which will outline the elements that contribute to the special character 3. Safeguarding features of historic and cultural or historic interest of the area and will provide a importance; robust framework for its future management and 4. The identifcation of the following designated sites enhancement. In dealing with applications, full to enable their protection and where appropriate regard will be paid to the efects of proposals enhancement: on the character of the conservation area (a) Landscapes of Historic Interest; as set out in the relevant Conservation Area Appraisal, with the objective of ensuring that (b) Historic Parks and Gardens; all proposals accord with the need to preserve (c) Conservation Areas; or enhance the area’s identifed character, appearance and setting. (d) Scheduled Ancient Monuments; and (e) Listed Buildings and their curtilage. 5.5.5 Over time, the role and function of settlements has been changing with the loss of LDP Objectives: OB 2, OB 23 and OB 24 many established industries, and there has been a consequent loss of character and distinctive 5.5.2 The built environment and urban form of Neath buildings including shops, chapels and churches Port Talbot is varied and distinctive, with important that played important roles functionally, as well as remaining features from all periods from prehistory visually. onwards, including Iron Age hill forts and burial mounds, Roman military infrastructure and medieval ecclesiastical 5.5.6 In recent years, the County Borough has attracted buildings and farmsteads. a new range of industry and employment opportunities including tourism and service industries, leading to new 5.5.3 The town of Neath retains the character of a patterns of development such as industrial estates and traditional market town, while the key character of most business parks, especially along the coastal corridor. The 84 Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 Section 5 Topic Based Policies 5.5.8 Policy BE1 Design 5.5.10 ‘Arterial Gateways’ are those areas adjacent to the 7. It plays a full role in achieving and enhancing an County Borough boundary which are prominent when integrated transport and communications network entering or leaving Neath Port Talbot and help to defne Policy BE 1 promoting the interests of pedestrians, cyclists the character and image of the area. There are concerns and public transport and ensures linkages with the Design that previous developments within these areas have existing surrounding community; All development proposals will be expected to detrimentally afected the appearance of the locality and demonstrate high quality design which fully takes into 8. It uses resources, including land and energy, as consequently the frst impressions given to visitors and account the natural, historic and built environmental efciently as possible through: the overall image of the County Borough. context and contributes to the creation of attractive, (a) Making the best and most efcient use of the sustainable places. 5.5.11 An analysis has been undertaken of the main land available through being of appropriate routes by which people enter and leave Neath Port Proposals will only be permitted where all of the density taking into account the character and Talbot. Such routes include the M4 and mainline railway following criteria, where relevant, are satisfed: appearance of the area, normally a minimum of at Margam in the south east and Lonlas in the north west, 35 dwellings per hectare in the Coastal Corridor 1. It complements and enhances the character and along the A483 Fabian Way from Swansea and the A465 Strategy Area or a minimum of 30 dwellings per appearance of the site, building or area in terms Heads of the Valleys trunk road at Glynneath. Other less hectare in the Valleys Strategy Area; of siting, appearance, scale, height, massing and major routes include the A474 and A4069 into the Amman elevation treatment; (b) The layout and form of the development does not Valley, the A4067 into the Swansea Valley, the A4107 into 2. It respects the context of the site and its place preclude the reasonable use of other adjacent the Afan Valley and routes from Maesteg. within the local landscape, including its impact on land; 5.5.12 Within these gateway areas, new developments the important arterial gateways into the County (c) Developing brownfeld land in preference to will be required to take full account of their visual impact Borough, its efects on townscape and the local greenfeld land where possible; when seen from the main transport arteries, with careful historic and cultural heritage and it takes account (d) Minimising building exposure while maximising attention being paid to siting, design, appearance, massing of the site topography and prominent skylines or solar gain. and scale to minimise any visual intrusion and where ridges; 9. Its drainage systems are designed to limit surface appropriate enhance the visual aspects of the area. 3. It utilises materials appropriate to its surroundings water run-of and food risk and prevent pollution; and incorporates hard and soft landscaping and 5.5.13 Drainage systems should be designed to ensure screening where appropriate; 10. The layout and design of the development that developments have no detrimental efects on the achieves inclusive design by ensuring barrier free water environment or on food risk. Normally this will 4. It would not have a signifcant adverse impact on environments, allowing access by all and making involve the use of Sustainable Drainage Systems (SuDS) highway safety, the amenity of occupiers of adjacent full provision for people with disabilities. techniques. land or the community; 5.5.14 In order to make the best use of available land, 5. Important local features (including buildings, amenity 5.5.9 The design of new development has a major developments should be designed where possible to areas, green spaces and green infrastructure, infuence on the conservation and enhancement of the maximise the accommodation provided while remaining biodiversity and ecological connectivity) are character of an area and on people’s quality of life. The in keeping with the surrounding area. Development retained and enhanced as far as possible; policy addresses concerns raised about dereliction and below the specifed residential density levels will not be 6. It achieves and creates attractive, safe places and loss of character and Plan objectives concerning the built permitted unless it can be demonstrated that there are public spaces, taking account of ‘Secured by Design’ and natural heritage of the County Borough. It aims to signifcant constraints associated with a site that prevent principles (including where appropriate natural ensure that development proposals will complement and development at the specifed levels or where development surveillance, visibility, well lit environments and enhance the area generally, including its arterial gateways, at the density required would have an adverse impact on areas of public movement); townscapes, landscape and seascape, and retain existing the character or appearance of the locality or result in the character where this is desirable. loss of an important site feature. In central locations which Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 85 have good access to services, facilities and public transport 5.5.16 Good design includes paying regard to general 5.5.19 Policy BE2 Buildings of Local Importance links, higher density developments will be appropriate. amenity as well as appearance, accessibility and resource Policy H1 indicates those allocated residential sites where use. Where a site is to be developed with a mix of Policy BE 2 higher densities are considered to be appropriate and will uses, careful consideration will need to be given to the be encouraged. interaction and relationship between the uses to ensure Buildings of Local Importance that they are compatible and integrate with one another Development proposals that would afect buildings 5.5.15 Where appropriate, new developments will be and existing adjacent uses. that are of local historic, architectural or cultural required to demonstrate how they connect to existing, importance will only be permitted where: nearby communities. In the interest of achieving 5.5.17 Detailed building design, from overall massing to 1. They conserve and where appropriate enhance the sustainable communities and to promote accessibility, fnishing materials, plays an important role and should building and its setting; or connectivity between communities and facilities will need take account of and enhance the site’s surroundings to be considered and routes to support these principles including other buildings, open spaces and topography. 2. It is demonstrated that the development could not may need to be included within development proposals. Landscaping has an important efect and is a signifcant reasonably be accommodated without afecting part of the overall design process. The design and layout or replacing the building and the reasons for the of new development can also have a signifcant efect on development outweigh the heritage importance of public safety and the fear of crime. The Local Planning the site. Authority is required to have regard to crime and disorder prevention and the design of development should help 5.5.20 Across the County Borough, there are many to reduce opportunities for crime, disorder and anti- examples of buildings that play an important part in social behaviour. defning the character of places, but that do not merit inclusion in the statutory list of buildings of architectural 5.5.18 Further information on design or historic importance. considerations will be given in Supplementary Planning Guidance. 5.5.21 Buildings may be signifcant for architectural reasons, giving character and sense of place to local centres and settlements, or may be of particular local historic or cultural importance. Where possible, developments should aim to complement such buildings and incorporate and adapt them within schemes where appropriate. 5.5.22 An inventory of ‘Buildings of Local Importance’ will be compiled as part of preparing Supplementary Planning Guidance and will include details of the interest of each building. 86 Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016 - Pollution Supplementary Planning Guidance (October 2016) www.npt.gov.uk/ldp ENVT1909 Contents Note to Reader 1 1 Introduction 1 2 Planning Policy Approach 3 3 Air Pollution 7 3.1 Causes and Impacts of Air Pollution 7 3.2 Implementation of Policy EN8 & Avoidance/Mitigation Measures 11 3.3 Implementation of Policy EN9 & Avoidance/Mitigation Measures 12 4 Noise Pollution 17 4.1 Causes and Impacts of Noise Pollution 17 4.2 Implementation of Policy EN8 & Avoidance/Mitigation Measures 24 4.3 Implementation of Policy EN10 & Avoidance/Mitigation Measures 27 Supplementary Planning Guidance: Pollution (October 2016) 5 Light Pollution 31 5.1 Causes and Impacts of Light Pollution 31 5.2 Implementation of Policy EN8 & Avoidance/Mitigation Measures 32 6 Land Contamination 35 6.1 Causes and Impacts of Land Contamination 36 6.2 Implementation of Policy EN8 & Avoidance/Mitigation Measures 38 7 Water Pollution 41 7.1 Causes and Impacts of Water Pollution 41 7.2 Implementation of Policy EN8 & Avoidance/Mitigation Measures 42 8 Habitats Regulations Assessment 45 Appendices A Air Quality Objectives 47 Contents upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary Note to Reader Note to Reader This document supplements and explains the policies in the Local Development Plan (LDP). The LDP was adopted by the Council on 27th January 2016 and forms the basis for decisions on land use planning in the County Borough up to 2026. This Supplementary Planning Guidance (SPG) has been prepared following a public consultation exercise that was undertaken in the Summer of 2016 and the guidance was adopted by the Council's Economic and Community Regeneration Cabinet Board on 28th October 2016. While only policies in the LDP have special status in the determination of planning applications, the SPG will be taken into account as a material consideration in the decision making process. This SPG is also available in Welsh, either to download or by request. Should you need this document in another format, then please contact the LDP team at [email protected] or [01639] 686821. Supplementary Planning Guidance: Pollution (October 2016) 1 Note to Reader upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary 2 1 . Introduction 1 Introduction 1.0.1 This Supplementary Planning Guidance (SPG) gives information about pollution issues in Neath Port Talbot and sets out the relevant matters that will need to be taken into consideration when developments are being planned in the County Borough. 1.0.2 The Council's planning policy in relation to the various types of pollution is set out in the Neath Port Talbot Local Development Plan (LDP)(1) Strategic Policy SP16 (Environmental Protection) and detailed policies EN8 (Pollution and Land Stability), EN9 (Developments in the Central Port Talbot Area) and EN10 (Quiet Areas). This SPG should be read in the context of these LDP policies and explanatory text. 1.0.3 Chapter 2 outlines the national and local planning policy approach, while Chapters 3 to 7 considers each type of pollution in turn and indicates the issues that need to be considered and the steps that will be required to ensure compliance with the relevant policies. Chapter 8 briefly outlines the Plan's development allocations in respect of Habitats Regulations Appraisal (HRA) requirements. Supplementary Planning Guidance: Pollution (October 2016) 1 1 Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016. 1 . Introduction upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary 2 2 . Planning Policy Approach 2 Planning Policy Approach 2.0.1 The overall approach to be taken in relation to pollution matters is set out in Planning Policy Wales (PPW) Chapter 13(2). It is emphasised that the role of the planning system is to determine whether a development is an acceptable use of land rather than to seek to control the processes or substances used in any particular development. Matters of water and air pollution and land contamination are controlled by other agencies and planning authorities will need to ensure that planning conditions do not duplicate or contradict measures more appropriately controlled under these regimes. In relation to noise matters, additional detailed advice is given in Technical Advice Note 11(3). 2.0.2 In accordance with this overall approach, the LDP policies relating to environmental protection and pollution seek to ensure that development proposals are appropriate and will not have significant adverse effects rather than seeking to control pollution in a way that would duplicate other controls. The relevant LDP policies are set out below. Supplementary Planning Guidance: Pollution (October 2016) Policy SP 16 Environmental Protection Air, water and ground quality and the environment generally will be protected and where feasible improved through the following measures: 1. Ensuring that proposals have no significant adverse effects on water, ground or air quality and do not significantly increase pollution levels; 2. Giving preference to the development of brownfield sites over greenfield sites where appropriate and deliverable; 3. Ensuring that developments do not increase the number of people exposed to significant levels of pollution. LDP Objectives: OB 2, OB 16 and OB 17 2.0.3 LDP Strategic Policy SP16 (above) sets out the strategy relating to environmental protection, including the approach to be taken to pollution issues. This strategic policy is implemented through detailed policies, with policies EN8, EN9 and EN10 being specifically relevant to pollution matters. 3 2 Planning Policy Wales Edition 8 (2016) - Welsh Government. 3 Technical Advice Note 11: Noise (1997) - Welsh Government. 2 . Planning Policy Approach upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary Policy EN 8 Pollution and Land Stability Proposals which would be likely to have an unacceptable adverse effect on health, biodiversity and/or local amenity or would expose people to unacceptable risk due to the following will not be permitted: Air Pollution; Noise Pollution; Light Pollution; Contamination; Land Instability; Water (including groundwater) Pollution. Proposals which would create new problems or exacerbate existing problems detailed above will not be acceptable unless mitigation measures are included to reduce the risk of harm to public health, biodiversity and/or local amenity to an acceptable level. 2.0.4 Policy EN8 covers all types of pollution that are relevant to the development process and is a widely applicable policy that requires developments to ensure that they do not cause significant pollution or exacerbate any existing problems. Chapters 3 to 7 consider each pollution type in turn. Policy EN 9 Developments in the Central Port Talbot Area Developments in the central Port Talbot area that could result in breaches of air quality objectives during their construction phase, will be required to be undertaken in accordance with a Construction Management Plan submitted as part of the planning process and agreed by the Council. 4 2.0.5 In relation to the Air Quality Management Area (AQMA) at Taibach / Margam, there are additional concerns about operations during the construction phase of developments causing the generation of smoke and dust that could result in exceedences of air quality objectives relating to particulates. Policy EN9 addresses this issue specifically in relation to the central Port Talbot area. 2 . Planning Policy Approach Policy EN 10 Quiet Areas In order to protect areas of tranquillity within urban areas, the following 'Quiet Areas' have been identified: Reference Quiet Area EN10/1 Neath Abbey Ruins, Neath EN10/2 Mount Pleasant Park, Neath EN10/3 Skewen Park, Neath EN10/4 Shelone Woods, Neath EN10/5 Victoria Gardens, Neath Supplementary Planning Guidance: Pollution (October 2016) EN10/6 Church Place, Neath EN10/7 Talbot Memorial Park, Port Talbot EN10/8 Vivian Park, Port Talbot EN10/9 Baglan Park, Port Talbot EN10/10 King George V Park, Pontardawe Development proposals that would have unacceptable impacts on the characteristics that led to the designation will be resisted. 2.0.6 The Quiet Areas listed were designated by the Welsh Government under the Environmental Noise (Wales) Regulations. They are public open spaces located within urban areas that have local amenity value that warrants protection from noise intrusion and are relatively quiet by urban standards in actual and perceived terms. 2.0.7 Policies EN8 and EN10 in particular relate to ecological and biodiversity issues as well as human impacts. Pollution can have a variety of impacts upon the biodiversity of the county and development proposals will need to consider and address any such adverse impacts. This should include assessing impacts upon: Statutory designated sites such as Special Areas of Conservation (SACs), Ramsar sites, Sites of Special Scientific Interest (SSSIs), National Nature Reserves (NNRs) and Local Nature Reserves (LNRs); 5 2 . Planning Policy Approach upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary Non-statutory designated sites such as Sites of Interest for Nature Conservation (SINCs); The wider biodiversity resource including ecosystems and their functioning, habitats and species listed as of principal importance for conservation in Wales or as listed under the Local Biodiversity Action Plan. 6 3 . Air Pollution 3 Air Pollution 3.0.1 Concerns about air quality relate largely to two main areas: direct impacts on human health and amenity and ecological impacts affecting natural habitats and species. This section outlines the background and main issues relating to these two aspects in turn. 3.0.2 Good air quality is a basic requirement and is fundamental to good health. Its importance has been recognised by the World Health Organisation which originated the air quality standards adopted by the EU, UK and devolved administrations. 3.0.3 The Council is required to assess certain air pollutants relating to UK air quality objectives, as part of Local Air Quality Management (LAQM) under the Environment Act 1995. Where objectives are not met, Air Quality Management Areas (AQMAs) must be declared and Air Quality Action Plans produced in order to restore compliance. The Council's Air Quality Strategy: 'Airwise - Clean Air for Everyone'(4) sets out the Council's strategy for achieving clean air across the County Borough. Supplementary Planning Guidance: Pollution (October 2016) 3.0.4 Assessing air quality is a continuous process that follows guidance from the Welsh Government. The air quality objectives for LAQM in Wales are set out in Appendix A. Failure to comply with EU limit values can result in heavy fines for the Welsh Government. 3.1 Causes and Impacts of Air Pollution 3.1.1 Air quality objectives relating to benzene, 1,3-butadiene, carbon monoxide, lead and sulphur dioxide are complied with in Neath Port Talbot and do not raise any particular concerns in relation to human health. The remaining main air pollutants of local concern in the Neath Port Talbot area are set out below. Particulates 3.1.2 Fine particulates in the air can penetrate deep into the lungs and potentially affect health. PM2.5 are very fine particulates of less than 2.5 microns in diameter. Sources include combustion and industry, with significant potential for transboundary effects, with pollution potentially travelling many thousands of kilometres. Current standards are met in relation to this pollutant in Neath Port Talbot. 3.1.3 PM10 are fine particulates of less than 10 microns in diameter which arise mainly from industry, traffic and more distant sources (transboundary pollution). There are concerns about levels of PM10 in Port Talbot and this is currently measured at eight sites in the central Port Talbot area. 7 3.1.4 Exceedences in PM10 in the Margam / Taibach area led to the declaration of an Air Quality Management Area (AQMA) in 2000, the extent of which is illustrated below. 4 Airwise - Clean Air for Everyone (Neath Port Talbot CBC 2013) 3 . Air Pollution upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary Figure 3.1 Margam / Taibach Air Quality Management Area 3.1.5 Sources of PM10 include local industrial and domestic combustion processes, fugitive dust from industrial and construction processes, traffic and transport including shipping and rail, sea salt, forest and grass fires, and dust from outside of the area including transcontinental sources on some occasions. 3.1.6 Although the long-term air quality objective relating to PM10 (annual average = 40 μg/m3) is complied with in Port Talbot and the number of exceedences of the short-term 8 objective level (daily average >50 μg/m3) have decreased since the AQMA was declared in 2000, there are still some concerns about PM10 in central Port Talbot. European standards state that no more than 35 exceedences are permitted during a calendar year and there has been a general improvement over recent years (refer to Figure 3.2 below(5)). 5 The results for 2013 are FDMS. Partisol results for 2013 produced 34 exceedences 3 . Air Pollution Figure 3.2 Monitored Levels of PM10 Supplementary Planning Guidance: Pollution (October 2016) 3.1.7 The figure for 2007 is a combination of the results from the monitoring site at Groeswen Hospital and Port Talbot Fire Station since it was re-located that year. The higher number of exceedences in 2011 were attributed to a combination of transboundary effects and local construction works, in particular related to Harbour Way (Peripheral Distributor Road). There are consequently concerns that further construction works in the central Port Talbot area could have similar effects on air quality in the area and could potentially result in further exceedences in particulates, especially in the AQMA. This concern led to the inclusion in the LDP of a specific policy (EN9) to address this issue. Further information is given in Section 3.3. Nitrogen Dioxide (NO2) and Sulphur Dioxide (SO2) 3.1.8 Nitrogen dioxide (NO2) is one of a group of highly reactive gases known as "oxides of nitrogen", or "nitrogen oxides" (NOx). NO forms quickly from emissions from cars, 2 9 trucks and buses, power plants and off-road equipment. In addition to contributing to the formation of ground-level ozone and fine particle pollution, NO2 is linked with a number of adverse effects on the respiratory system. Current scientific evidence links short-term NO2 exposures, ranging from 30 minutes to 24 hours, with adverse respiratory effects including airway inflammation in healthy people and increased respiratory symptoms in people with asthma. 3 . Air Pollution upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary 3.1.9 Both nitrogen dioxide and sulphur dioxide are formed by combustion processes including waste incineration and power stations. They are oxidised in the atmosphere to form other compounds that can travel long distances and be deposited in wet or dry form. In addition to effects on human health, this deposition can have ecological impacts on vulnerable habitats and species. This aspect is considered further below. 3.1.10 Assessments of traffic-related air pollution have been carried out regularly at sites across the County Borough, and two areas in particular have been identified where levels are approaching EU thresholds. These are at Victoria Gardens in Neath and Swansea Road, Pontardawe. These sites have been monitored for a number of years, but recent results suggest a worsening situation which is being more closely assessed. Mitigation measures may be required for new developments in the vicinity of these sites, or which could significantly increase traffic levels in the area. Nickel (Ni) 3.1.11 Nickel occurs naturally in the environment at low levels but is also used in industrial processes such as electroplating and the manufacture of batteries and machinery parts, and this can result in releases to the environment. Nickel exposure has been linked to dermatitis and respiratory effects. 3.1.12 In Neath Port Talbot, nickel pollution has been associated with the Wall Colmonoy plant at Pontardawe and Vale Nickel in Clydach which use significant quantities in the manufacturing process. Nickel is monitored at a number of sites in the locality and levels have decreased substantially since monitoring started in 2009. Ozone (O3) 3.1.13 Ozone is an irritant gas that can cause inflammation in the lungs. It is formed by the action of sunlight on oxides of nitrogen and organic compounds in the air. The source of the pollution can be many miles from the affected area and it is consequently not a Local Air Quality Management (LAQM) pollutant as local authorities may not be able to directly affect levels within their areas. 3.1.14 Ozone is measured in central Port Talbot and the UK air quality standard is occasionally exceeded although the trend is for decreasing exceedences. Polyaromatic Hydrocarbons (PAH) 3.1.15 PAH are organic substances produced by incomplete combustion, including from vehicle engines and in Port Talbot from processes within the steelworks including coke 10 ovens. Levels are monitored in central Port Talbot and the EU target value of 1ng/m3 is complied with, although the UK air quality standard of 0.25 ng/m3 is not currently met. Natural Resources Wales (NRW) as regulator of the steel works, has required the operator to use Best Available Techniques (BAT) for fugitive releases from the coke ovens. 3 . Air Pollution Nuisance Dust 3.1.16 Industry, demolition and construction activities among other things are potential sources of nuisance dust. It can also arise from transboundary sources and can be deposited noticeably locally. There are no official standards for nuisance dust, but it is measured at a number of locations around the County Borough, and generally higher levels of dust are found in areas closer to industrial processes. Ecological Impacts of Air Pollution 3.1.17 As well as adverse effects on human health, the above types of air pollution can all have detrimental effects on the natural environment through affecting species directly, or their habitats. An additional concern in respect of the health of ecosystems is the deposition of acid and nitrogen (resulting from emissions of sulphur dioxide (SO2) and nitrogen oxides (NOx)) on vulnerable habitats which can affect a range of species and habitats and encourage the growth of more competitive species leading to a change in the character and diversity of sites of interest. This is likely to be a particular concern in Supplementary Planning Guidance: Pollution (October 2016) relation to sites that have local, national or international designations as a result of their biodiversity interest, such as Sites of Interest for Nature Conservation (SINCs), Sites of Special Scientific Interest (SSSIs) or Natura 2000 sites (see below). However, it applies also to the wider biodiversity resource including ecosystems and their functioning, habitats and species listed as of principal importance for conservation in Wales or as listed under the local biodiversity action plan. National and international biodiversity sites are shown on the LDP proposals map and further details about all designations will be available in the Biodiversity Supplementary Planning Guidance. 3.1.18 Development proposals that could lead to significant impacts on biodiversity as a result of air pollution will need to comply with Policy EN8. In addition, any proposed development that could cause air pollution affecting a Natura 2000 site designated under the Habitats Directive(6) will need to be the subject of a Habitats Regulations Appraisal (HRA) to ensure that no adverse effects are caused. Further details about HRA are given in Chapter 8. 3.2 Implementation of Policy EN8 & Avoidance/Mitigation Measures 3.2.1 In relation to air pollution, the explanatory text to Policy EN8 refers to the Air Quality Strategy for England, Scotland, Wales and Northern Ireland and its objectives and indicates that development proposals that could result in, or contribute to, breaches of any air quality objective will not be acceptable unless measures can be taken to prevent this. In addition, the policy refers to effects on biodiversity and, as outlined above, proposals that would have an adverse effect on any Natura 2000 site [for example any Special Area of Conservation (SAC)] will not be acceptable. 11 6 Conservation of Habitats and Species Regulations 2010 (EC Habitats Directive 92/43/EEC). 3 . Air Pollution upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary Complying with Policy EN8 3.2.2 All proposals throughout the County Borough will be required to comply with Policy EN8. This requires that proposals should have no unacceptable adverse effects on health, biodiversity or amenity through causing pollution, including air pollution. The explanation to the policy indicates that development proposals that could potentially result in or contribute to breaches of any air quality objective will be required to demonstrate that any adverse impacts can be avoided through the implementation of mitigation measures. The policy also applies to proposals that would expose people to unacceptable risk, for example through increasing the numbers of people living or working in an area of poor air quality. 3.2.3 Possible impacts on the natural environment as a result of air pollution caused directly or indirectly by development proposals will also need to be taken into account through the application of Policy EN8. In particular, the potential for additional nitrogen and acid deposition on any vulnerable habitats (in particular any designated sites) will need to be assessed and if necessary mitigation measures may be needed to reduce emissions to ensure that they are below any threshold that could have an effect. More specifically, any proposed development that could affect a Natura 2000 site will need to be the subject of a Habitats Regulations Appraisal (HRA). 3.2.4 Potentially polluting developments that could affect Natura 2000 sites will be required to meet the provisions of the Habitats Regulations and to show that no adverse effects will be caused. Further information is given in Chapter 8 and in the LDP Habitats Regulations Appraisal(7) and developers proposing schemes in the relevant locations set out in Chapter 8 are advised to contact the planning department at an early stage to discuss these requirements. 3.3 Implementation of Policy EN9 & Avoidance/Mitigation Measures 3.3.1 While all developments will be required to comply with Policy EN8, Policy EN9 applies only to developments in the central Port Talbot area that could result in any breaches of air quality objectives. As outlined above, the main concern in central Port Talbot in the vicinity of the AQMA is levels of PM10. Effects of Demolition and Construction Works on PM10 Levels 3.3.2 The effects of development works on PM10 levels in the locality will depend on a number of factors, including: Nature and duration of the works that are being undertaken; 12 The size of the site; Local situation including the proximity to sensitive areas and receptors; Materials being used and their storage and transportation; 7 LDP Habitats Regulations Appraisal (2013) - Neath Port Talbot CBC. 3 . Air Pollution Meteorological conditions including amount of rainfall and wind speed and direction; Vehicles and machinery used, including methods of working and maintenance standards; and The adequacy of mitigation measures applied to reduce or eliminate dust. 3.3.3 These factors are considered in more detail below. Nature, Extent and Duration of Works 3.3.4 All types of construction work, from site clearance to final landscaping, have the potential to increase the amount of dust generated and hence affect PM10 levels in the immediate vicinity. The nature of the project will have a significant influence, including the amount of excavation and land forming works, demolition and building activities, all of which will generate dust but can be managed to reduce this to a minimum. The larger the site area (including the area of land being worked and the level of construction activity) Supplementary Planning Guidance: Pollution (October 2016) and the longer works continue, the greater the potential for dust generation and the greater the consequential effects on air quality. While the site size and duration of works may not be easily changed, these aspects will need to be taken into account if the effects are to be minimised. Local Situation 3.3.5 The local topography and the presence of natural barriers such as areas of woodland, buildings and structures will affect amounts of airborne dust and the distance that the dust travels. The proximity of sensitive receptors to the site will also influence the effects of pollution. 3.3.6 Receptors that should be taken into account include 'human receptors' (any location where a person or property may experience adverse effects from airborne dust) and 'ecological receptors' (any sensitive habitat affected by dust soiling). The nearer the receptor to the site boundary, the more likely the risk of PM10 exceedences, especially if combined with PM10 from other sources such as major roads. Material Types, Storage and Transportation 3.3.7 Loose materials and stockpiled soils or sand etc can be liable to create dust, and the ways in which materials are transported and handled can exacerbate this. Whether loads are covered or sheeted and methods used to move them on to and around a site will all have an effect. 13 Meteorological Conditions 3.3.8 Dust levels will be directly affected by the amount of rainfall, with dry weather increasing the amount of dust in an area generally as well as that from construction sites. Wind speed and direction will also have a significant influence. Weather conditions at the time when construction activities are being undertaken cannot be predicted, and adverse 3 . Air Pollution upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary impacts can occur in any direction from a site, but effects are more likely downwind of the prevailing wind direction, near to the site boundary. Drier weather will generally lead to more significant dust impacts since rainfall will help to suppress dust. 3.3.9 Consequently, impacts will tend to differ between summer and winter months. However, normally construction works cannot be guaranteed to take place only in a certain season due to the range of factors influencing the start and progress of construction. Vehicles, Machinery, Methods of Working and Maintenance 3.3.10 The ways in which vehicles and machinery are operated, including how long they are left running and sometimes the speed of operation and methods used can all influence air pollution levels. The condition and maintenance of machinery is also an important consideration. 3.3.11 Construction and delivery vehicles crossing unpaved ground can have an important effect, and this will be related to the silt content of the soil, as well as the speed and weight of the vehicle, soil moisture content, distance covered and the frequency of vehicle movements. Areas Affected and Types of Development / Development Activity Covered by Policy EN9 3.3.12 The Margam / Taibach Air Quality Management Area (AQMA) was declared in 2000 due to exceedences of the short term air quality objective level for PM10. Policy EN9 is intended to address the possible generation of smoke and dust in the vicinity of the AQMA, and consequently for the purposes of the policy, "Central Port Talbot " is defined as being either within the Margam / Taibach AQMA (or any replacement AQMA) (refer to Figure 3.1) or within 500 metres of its boundary. This is in accordance with the screening criteria set out in the guidance from the Institute of Air Quality Management(8). 3.3.13 Developments within the defined area that are likely to result in any significant dust or smoke generation during the construction stage will be required to be undertaken in accordance with a Construction Management Plan (CMP). Developers are encouraged to use the Council's pre-application services so that such matters can be discussed at an early stage. Policy EN9 will be applicable to proposals which relate to: operational development, not solely for change of use; and a site area of more than 0.1 hectare or propose more than one residential dwelling. 14 3.3.14 Developers proposing such schemes will need to undertake a Construction Impact Assessment (CIA) in order to assess the likely impacts on local dust levels and identify necessary mitigation measures. 8 Guidance on the Assessment of Dust from Demolition and Construction - IAQM (Feb 2014) 3 . Air Pollution Construction Impact Assessment 3.3.15 The Construction Impact Assessment (CIA) should be undertaken in accordance with the IAQM guidance. Any proposals that are not screened out by the steps outlined above will need to be the subject of a CIA. This will consist of an assessment of the risk of dust impacts and the identification of appropriate site-specific mitigation measures. The CIA / Dust Assessment Report should be submitted with the planning application for the site and, where a CMP is required, should identify those measures which will need to be incorporated into the CMP. Assessing the Risk of Dust Impacts 3.3.16 The IAQM guidance recommends a staged assessment of dust impacts, combining an assessment of the potential dust emission magnitude from the site with an assessment of the sensitivity of the area. Because of the existence of the AQMA and concerns about breaches of air quality objectives, it can be assumed that the area concerned (defined above for the purposes of Policy EN9) has a high sensitivity for dust. In relation to the potential dust emission magnitude, the recommended method for assessment is set out Supplementary Planning Guidance: Pollution (October 2016) in the IAQM Guidance. Dust Assessment Report 3.3.17 The findings of the Construction Impact Assessment should be set out in a Dust Assessment Report, including details of the approach taken to the assessment, the information used, the findings on dust emission magnitude, the risk of impacts without mitigation measures and the recommended mitigation measures to be taken. The report should be site-specific and set out why particular choices have been made. This will then inform the contents of the Construction Management Plan. Construction Management Plan 3.3.18 The Construction Impact Assessment / Dust Assessment Report should be submitted with the planning application for the site. Any mitigation measures identified in the Dust Assessment Report should be incorporated into a Construction Management Plan (CMP) setting out how the development will be undertaken and how adverse effects will be dealt with. Subject to the findings of the assessment, the submission of a CMP is likely to be a matter that can be made the subject of a condition imposed on the planning consent for the site, requiring the CMP to be submitted and agreed with the Local Planning Authority prior to work starting on site. Planning permission for the development will be subject to the requirement that the development must be undertaken in accordance with the agreed CMP. 15 LDP Allocations 3.3.19 The LDP has a number of allocations for development within the central Port Talbot area. Proposals for development within the following allocations will need to comply with the terms of Policy EN9: 3 . Air Pollution upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary Table 3.3.1 Housing Allocations Estimated Number of Ref: Site Name Site Area (ha) Units Neath Port Talbot College (Margam H1/15 70 1.8 Campus) H1/16 (CCRS1/2) Glanafan Comprehensive School 50 0.8 H1/17 (SRA2) Harbourside 385 10 Table 3.3.2 Employment Allocations Ref: Site Name Size (ha) Use Class EC1/2 Junction 38 (M4), Margam 6 B1, B2 and B8 EC1/4 (SRA2) Land within Harbourside SRA 7 B1 Table 3.3.3 Retail Allocations Ref: Site Name R1/2 (CCRS 1/2) Glanafan Comprehensive School R1/3 (SRA2) Harbourside Table 3.3.4 Transport Proposals Ref: Site Name TR1/5 Harbour Way (PDR) TR1/6 Integrated Transport Hub (Port Talbot) 3.3.20 In addition, much of the central Port Talbot area lies within settlement limits where development is likely to be acceptable in principle provided that it accords with the role and function of the settlement (Policy SC1). Policy EN9 will apply to all proposed developments that meet the criteria set out in paragraphs 3.3.12 and 3.3.13, whether or not they are on allocated sites. 16 4 . Noise Pollution 4 Noise Pollution 4.0.1 Environmental noise, is defined by the Environmental Noise Directive(9) as 'unwanted or harmful outdoor sound created by human activities, is a significant pollutant that can have impacts on people's health and well-being and on biodiversity'. 4.0.2 Generally developments where noise may be an issue fall into one of two main categories: 1. The introduction of a noise sensitive use such as a residential, hospital or school development into an area near to a significant source of noise (e.g. a major transport route or noisy industry or commerce); or 2. The introduction of potentially noise-generating developments into areas close to existing noise sensitive land uses. 4.0.3 The following sections outline the background and planning approach that will be Supplementary Planning Guidance: Pollution (October 2016) taken to noise issues. 4.1 Causes and Impacts of Noise Pollution Impacts of Environmental Noise Human Impacts 4.1.1 Environmental noise affects people in a variety of ways, but essentially the main impacts relate to health and well-being. A study commissioned by Defra in 2009(10) identified that there was evidence to suggest a link between noise and general annoyance factors, cardiovascular effects, sleep disturbance, cognitive development and hearing impairment. However, other impacts can follow on from these health effects, such as economic and social changes, due to the undesirability of a noisy environment. 4.1.2 The negative impact of noise mostly takes the form of sleep disturbance, minor disruption and annoyance, including its ability to mask and detract from the enjoyment of positive sounds. This can contribute to increased stress levels and raised blood pressure and consequently more significant health impacts. Even low levels of noise can spoil people's enjoyment of tranquil natural environments since quietness can be an important part of the character of some areas, for example areas of open space, countryside and designated quiet areas within the urban agglomerations (as listed in Policy EN10). Economic Impacts 17 4.1.3 Economic impacts include adverse effects on tourism (e.g. due to increased noise levels in the natural environment undermining the attractiveness of rural areas); effects on house prices; reduced achievement at school; absence from work; tiredness at work; 9 2002/49/EC relating to the assessment and management of environmental noise. 10 http://archive.defra.gov.uk/environment/quality/noise/igcb/publications/healthreport.htm 4 . Noise Pollution upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary distractions or poor communication in the workplace. Putting a full monetary value on the impacts of particular types of noise however, such as domestic noise, may not always be possible. Wildlife / Biodiversity 4.1.4 The Environment (Wales) Act 2016 requires every public authority to maintain and enhance biodiversity in the exercise of its functions in relation to Wales, and in so doing promote the resilience of ecosystems, so far as consistent with the proper exercise of those functions. The extent to which this principle may be applied in practise will increase as scientific understanding of the effects of noise on wildlife improves. 4.1.5 The audible range of frequencies and the extent to which hearing is relied upon to survive and thrive varies from species to species. A number of animal and plant species found in the wild are protected at a European and UK level from being harmed or disturbed. If an activity is needed to be undertaken that is likely to disturb a protected species, such as development of a site, there may be a need to obtain a licence before carrying out that activity. If the development is likely to disturb a species within a Natura 2000 site(11), a Habitats Regulations Assessment might also be needed. Causes of Environmental Noise 4.1.6 TAN 11(12) (as updated(13)), identifies the main sources of environmental noise and gives guidance on the assessment of noise from various sources. The following information should be read in conjunction with the TAN. Road Traffic Noise 4.1.7 The amount of noise generated by road traffic depends on the interaction of a range of factors. These include: The volume of sound generated by individual vehicles themselves, which will depend on design and legislative requirements, tyre choices, types of propulsion (e.g. proportion of electric vehicles) and driver behaviour; The speed and density of traffic using the road; Weather conditions (wet or windy conditions will alter the perception of noise from traffic); 18 11 Sites designated under the Habitats Directive either as Special Areas of Conservation (SACs) for their habitats and species or Special Protection Areas (SPAs) for the protection of birds. 12 Technical Advice Note 11: Noise (1997) - Welsh Government. 13 WG Ministerial Letter CL-01-15 Updates to TAN 11 Noise - Noise Action Plan (2013-18) Commitments (November 2015). 4 . Noise Pollution Road surface types and surface degradation (e.g. concrete road surfaces, such as the A465 dual carriageway between Aberdulais and Cwmgwrach, will give rise to higher levels of noise, while low noise road surfacing has been employed in some areas, including the A465 between the M4 and Neath); and Natural and man-made features alongside roads (e.g. general topography, vegetation or buildings which can provide noise screening). 4.1.8 Overall, it is likely that busier main roads are likely to cause the most issues, with those located in urban areas likely to affect the most people. The LDP Proposals Map identifies the County Borough's primary and core road networks and the Welsh Government's Noise Action Plan for Wales(14) identifies 'Noise Action Planning Priority Areas' (NAPPAs). The priority areas were updated in 2014, with 11 identified priority areas for road traffic noise identified within Neath Port Talbot. These are shown in Fig 4.1. 4.1.9 The location and likely impacts of noise priority areas will need to be taken into account if noise sensitive development is being proposed in the locality. Where significant Supplementary Planning Guidance: Pollution (October 2016) noise impacts are likely, development proposals may need to be accompanied by Noise Surveys and a Noise Management Plan. In such cases, developers are encouraged to use the Council's pre-application services so that such matters can be discussed at an early stage. 19 14 A Noise Action Plan for Wales 2013 - 2018 (Dec 2013) - Welsh Government 20 upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary os Pollution Noise . 4 Figure 4.1 Noise Action Planning Priority Areas 260000 270000 280000 290000 300000 Noise Action Planning 0 0 0 0 Priority Areas 0 0 0 0 1 1 2 2 (South Wales) Mannau Blaenoriaeth Cynlluniau Gweithredu ynghylch Sŵn (De Cymru) 0 0 0 0 0 0 0 0 0 0 Noise Action Planning 2 2 Priority Area - Roads / Mannau Blaenoriaeth Cynlluniau Gweithredu ynghylch Sŵn – Ffyrdd Noise Action Planning Priority Area - Railways / Mannau Blaenoriaeth Cynlluniau Gweithredu 0 0 ynghylch Sŵn – 0 0 0 0 0 0 Rhei lffyrdd 9 9 1 1 I 0 2 4 6 8 Km Produced by 0 0 0 0 0 0 0 0 8 8 © Crown Copyright and database right 2014. 1 1 Ordnance Survey 100021874. Welsh Government. © Hawlfraint a hawliau cronfa ddata’r Goron 2014. Rhif Trwydded yr Arolwg Ordnans 100021874. 260000 270000 280000 290000 300000 4 . Noise Pollution Noise from Railways 4.1.10 The Great Western Main Line from London Paddington to Swansea passes through Neath Port Talbot, with main line stations at Neath and Port Talbot and local stations at Skewen, Briton Ferry and Baglan. Other lines within the County Borough are freight only and comprise lines in the Neath and Dulais valleys which link through to Crymlyn Burrows and Swansea docks and links to the freight lines west to Pontarddulais and east to Aberkenfig/Tondu. There are also railway sidings at Tairgwaith (linked by a freight line to Ammanford) and sidings serving Baglan Energy Park and the Tata steelworks. 4.1.11 Factors influencing noise generation and perception of noise from railway operations include the following: Noise from passing trains, including engine/traction and rolling/aerodynamic noise; Frequency and times of train services; Route gradients and signalling affecting traction loading; Supplementary Planning Guidance: Pollution (October 2016) Shunting/marshaling activity at depots and sidings; Horns; Stations and associated activities; and Squeal from wheels/rail. 4.1.12 Three rail noise priority areas are identified along the main line through Port Talbot and Baglan where the largest concentrations of people exposed to noise from railways are located(15) (See Fig 4.1). The same approach should be taken to developments in the locality of rail noise priority areas as outlined above for road noise priority areas (see para 4.1.9). Electrification of the Great Western Main Line to Swansea is proposed, which should bring benefits in terms of noise impacts due to the quieter running of electric trains(16). Noise from Aircraft 4.1.13 Aviation related environmental concerns, including non-military noise issues, are dealt with by the Civil Aviation Authority. Civil aviation does not currently cause significant noise issues in Neath Port Talbot. Military aviation activities may have an impact in parts of the county borough, most likely through low flying training flights since the whole area lies within Low Flying Area 7, however this is not currently a frequent issue within the 21 County Borough. 15 Locations where the top 1% of all the people predicted to be exposed to an LAeq.18h of 50 dB or greater reside and the LAeq.18h is at least 68 dB. 16 The Welsh Government intends to review the location of the designated priority areas in light of the anticipated changes following electrification. 4 . Noise Pollution upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary Ports 4.1.14 With the changing nature of port activities, docks, wharfs and harbours may be used for different purposes and by differing types of vessels and transport modes, with areas frequently becoming disused, changing or being redeveloped. This can often give rise to a mix of industrial, commercial, residential, leisure and other uses, with significant potential for noise impacts. 4.1.15 Within Neath Port Talbot, there are active port facilities along the River Neath at Giants Grave and Neath Abbey Wharf, and at Port Talbot docks and deep water harbour. Port activities at Swansea docks may also give rise to noise issues within the County Borough. 4.1.16 Port functions are normally 24 hour operations and ports are frequently prime locations for the establishment of industries that can take advantage of the close proximity of import and export facilities for materials and produce (e.g. The steelworks at Port Talbot). Noise impacts can arise from port operations including loading and unloading and transport by road and rail, ships and shipping movements and associated works such as dredging. 4.1.17 The introduction of noise sensitive developments within or near to working ports will therefore need careful consideration to ensure that adverse impacts do not result. Within Neath Port Talbot this is likely to apply in particular to proposals for developments within the Harbourside Strategic Regeneration Area (LDP Policy SRA2) which will need to take account of the proximity of port operations. Industrial & Commercial Developments 4.1.18 From industrial sites, noise impacts vary depending on the nature of the activity on site. Generally, noise from industrial sites can be more noticeable than a similar level of road traffic noise. In particular, low frequency noises, impact noise and machinery operation can cause disturbance, especially at night. In addition, associated activities and equipment such as extraction flues, fan noises, vehicle movements, alarms and radios can cause disturbance. Where these occur continuously or loudly, or when they are new noises introduced into an area, they can be very annoying. As a result of this sensitivity, industrial noise is generally assessed relative to existing background sound levels, since higher levels of background noise (e.g. traffic noise) render industrial sounds less noticeable or distinguishable while quite low levels of industrial noise may be noticeable or intrusive in a very quiet area. 4.1.19 This implies that it may be less harmful to introduce industrial noise where traffic noise is high, despite this meaning a higher overall noise level. However, there are dangers 22 that this could lead to progressively increasing noise levels in some areas which would not be acceptable bearing in mind the health and well-being impacts of high overall noise levels. 4.1.20 Noise from commercial premises (e.g. restaurants/takeaways, night clubs, public houses, theatres and cinemas) needs to be carefully considered before such uses are introduced into residential areas or residential development is proposed near to such uses. Entertainment uses that include live or non-live music may give rise to unwelcome noise 4 . Noise Pollution in the area from their operational functions, while there will often be noise associated with uses that serve alcohol and attract people to come and go or congregate at unsociable hours. There is an expectation that such uses should be located in town or retail centres, where a level of such noise may be expected, but such considerations will need to be taken into account when developments are proposed which would result in commercial uses in proximity to residential or other noise sensitive uses. 4.1.21 Other commercial activities that may raise noise issues if located close to noise sensitive uses include garages, scrap yards, filling stations, taxi businesses and amusement centres all of which may give rise to noticeable or intrusive noise levels. Wind Turbines & Wind Farms 4.1.22 Information and guidance in relation to noise from wind turbines and wind farms is set out in TAN8(17). This indicates that noise levels from turbines are generally low and, under most operating conditions, it is likely that turbine noise would be completely masked by wind-generated background noise. Guidelines for the assessment of turbine noise is also set out in 'The Assessment and Rating of Noise from Wind Farms'(18). TAN8 indicates Supplementary Planning Guidance: Pollution (October 2016) that 500 metres is considered a typical separation distance between a wind turbine and residential property to avoid unacceptable noise impacts, but suggests that this should not be applied in a rigid manner. Minerals & Landfill Waste Disposal Sites 4.1.23 Mineral extraction operations and waste landfill sites can generate significant levels of noise including from underground and surface working and from associated operations and developments. This can include mineral processing operations and blasting operations. 4.1.24 The LDP defines buffer zones (Policy M3) to provide areas of protection around mineral workings where new noise sensitive development such as dwellings, hospitals or schools will be resisted. The buffer zones have a width of 500, 200 or 100 metres depending on the mineral type. In addition, the LDP defines settlement protection zones (under Policy M2) of 500 metres around all settlements within which new surface coal operations will not generally be acceptable. 4.1.25 There is one existing waste landfill site within Neath Port Talbot, at Pwllfawatkin near Cwmgors and no new sites are proposed. The site is located outside settlement limits where any new development would be restricted under LDP Policy SC1, but any new sensitive developments in the locality should take into account the possibility of noise associated with the site. 23 17 TAN8: Planning for Renewable Energy (2005) - Welsh Government. 18 The Assessment and Rating of Noise from Wind Farms (ETSU-R-97) 4 . Noise Pollution upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary 4.2 Implementation of Policy EN8 & Avoidance/Mitigation Measures 4.2.1 In relation to noise issues, Policy EN8 states that all proposals which could have unacceptable adverse effects or expose people to unacceptable risk will not be acceptable the effects can be mitigated to an acceptable level. The explanation to the policy indicates that in order to comply with this requirement, potentially noisy proposals should not be located close to existing sensitive uses and conversely new noise-sensitive developments should not be located near to existing noisy uses. If this is not possible, it will need to be demonstrated that adverse effects can be dealt with through mitigation measures incorporated into the design. Additional information may be required from developers in cases where noise levels are likely to be a significant issue, to demonstrate that no unacceptable adverse effects are likely to be caused through increased noise levels at sensitive locations if the development proceeds. Assessing Potential Effects on Health, Biodiversity & Amenity TAN Method 4.2.2 TAN11 (Noise) sets out the approach to be taken to dealing with noise issues. In relation to cases where introducing residential developments are proposed in an area with an existing noise source, the TAN sets out the following steps: 1. The levels of noise on the site from road, rail, or air traffic or from mixed sources should be assessed; 2. The Noise Exposure Category (NEC) for the site can be derived (categories A to D - see Table 2 in TAN11 Appendix A); 3. The suitability of the site for residential development is then indicated by Table 1 in TAN 11 Appendix A. 4.2.3 Noise will generally not need to be considered as a determining factor for sites falling within NEC A, while those in NEC C and D should normally be refused permission on noise grounds. Sites falling in NEC B will need more consideration and will often require specific measures (e.g. the imposition of noise conditions) if development is to proceed. 4.2.4 The TAN indicates that other types of noise sensitive development (e.g. offices, hospitals and schools), should be assessed in accordance with guidance on internal noise standards (BS 8233). 4.2.5 With regard to the introduction of potential sources of noise into existing residential 24 areas, the TAN indicates that the effects will have to be individually assessed, but that the options to control noise are likely to be more limited. In such cases it will therefore need to be demonstrated that there will be no detrimental effects if the proposal is to proceed. 4.2.6 Full details of this recommended approach are given in TAN11 (Noise). 4 . Noise Pollution Noise Designations 4.2.7 As indicated above, 11 'Noise Action Planning Priority Areas' have been identified in Neath Port Talbot, relating to road and railway noise. These give an indication of locations where noise is likely to be an issue from these sources (although other areas may also be affected). Any noise sensitive developments being considered near to a designated priority area will need to pay special attention to this aspect, for example by taking measures to ensure that the overall design and layout of the development minimises noise exposure to sensitive areas (refer below). 4.2.8 In addition to noise priority areas, 'Quiet Areas' have been designated within urban agglomerations under the Environmental Noise Directive. Within Neath Port Talbot, 10 Quiet Areas have been designated (Policy EN10). These are public open spaces within urban areas that have been identified as having significant local amenity value and are relatively quiet by urban standards. In order to comply with Policy EN8, new developments should not unacceptably affect their identified amenity value through additional noise intrusion. Further information about Quiet Areas is set out below in Section 4.3. Supplementary Planning Guidance: Pollution (October 2016) Construction Noise 4.2.9 Developments that could have unacceptable adverse effects through noise generation during their construction phase may be required to submit a noise impact assessment to cover this issue. Normally this will need to include an assessment of the likely noise generation and its impacts during the construction phase, together with proposed measures to address these issues, generally as part of a construction management plan. Further information on these requirements can be obtained from the council. Biodiversity Impacts 4.2.10 Policy EN8 requires developments to have no unacceptable adverse effects on biodiversity through noise pollution. Particular attention will need to be given where sensitive or protected species may be present in the locality, for example where development sites are located near to undeveloped areas, natural features and habitats. This is likely to include (but is not limited to) areas that have formal biodiversity designations (such as Sites of Importance for Nature Conservation (SINCs), local or national nature reserves, Sites of Special Scientific Interest (SSSIs) or Natura 2000 sites)(19). The effects that increased noise levels may have on species will depend upon the type of noise involved and the particular sensitivities of the species in question. Special consideration will be needed for developments likely to affect sites that have been designated as Natura 2000 sites(20). Further information is provided in Chapter 8. 25 19 Further information on the location of such sites will be available in the Council's 'Biodiversity and Geodiversity' SPG. 20 Sites designated under the Habitats Directive either as Special Areas of Conservation (SACs) for their habitats and species or Special Protection Areas (SPAs) for the protection of birds. 4 . Noise Pollution upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary Mitigating Adverse Effects 4.2.11 Mitigation can be achieved through a number of different types of measure depending on the development being proposed. These measures fall into three categories: The reduction of noise at source; Addressing noise transmission pathways through noise barriers or screening; and Noise control at the receiver. Controlling Noise Emissions at Source 4.2.12 If it is not possible to avoid noise issues by locating new noisy developments in areas away from sensitive uses, measures will be required to either control or reduce noise levels emitted from the site or to mitigate the impact of the noise to an acceptable level. If the noise impact cannot be made acceptable through separation, noise control or other mitigation measures, planning permission for the development will normally need to be refused. 4.2.13 Technological solutions may be available to reduce noise levels at their source (e.g. through improved designs of machinery or processes), while barriers to noise can be employed either through improved machinery enclosures or buildings or the erection of more distant noise barriers. Controls on times of operation may also make an otherwise unacceptable development feasible. Certain types of industrial / commercial noise is regulated by Natural Resources Wales (NRW) under the provisions of the Environmental Protection Regulations 2010, but the overall noise impacts of a development will be assessed and taken into account by the Local Planning Authority, in consultation with NRW where relevant. Control of Noise on the Transmission Path 4.2.14 The main factors which control noise levels at any point within a site are the distance between the noise source and the receiver, the nature of the intervening ground cover and the height of the receiver: The location and height of buildings within the site - distance attenuation is greatest where the receiver is nearest to the ground. Low-rise housing can therefore generally be built nearer to a noise source than high-rise. Screening - this can be provided by existing features (such as a railway cutting or 26 embankment), purpose designed features (such as a solid boundary fence or earth mound), a purpose-designed feature of the building (such as a courtyard), or a purpose designed building (such as a barrier block(21)). Screening is most effective when 21 A building or block of buildings which itself forms a noise barrier. 4 . Noise Pollution located close to a source or receiver, protects low-rise housing better than high-rise, is generally more effective when higher and should usually extend beyond the boundaries of the site to be fully effective. Building form and orientation - in a low-rise development, buildings closest to the noise source can shield the remainder of the development; courtyard housing with windowless outer walls can provide visual and acoustic privacy; rooms facing a noise source can be given some protection by an external balconies; the siting of barrier blocks close to and parallel to the noise source can be effective if sufficiently tall; careful consideration should be given to the design and noise screening of amenity areas. Control of Noise at the Receptor 4.2.15 Modifications to the building envelope itself to attenuate noise transmitted to the interior is the final line of defence against environmental noise. This does not address noise experienced in public areas and private gardens, and has the additional drawback Supplementary Planning Guidance: Pollution (October 2016) that normally, maximum sound insulation will only be achieved when all windows are closed. This would consequently require alternative ventilation provision, and to avoid this every attempt should be made to design the building so that noise requirements are met with windows open. Sound insulation of the building envelope should be considered only as a last resort. 4.3 Implementation of Policy EN10 & Avoidance/Mitigation Measures 4.3.1 Policy EN10 requires development proposals not to have unacceptable impacts on any of the 10 designated 'Quiet Areas' in the County Borough. The impacts referred to are further defined as being significant increases in noise or other impacts that would adversely affect the criteria under which the areas were designated. 4.3.2 One of the main aims of the European Environmental Noise Directive(22) is to protect environmental noise quality where it is good. In order to meet this requirement, Quiet Areas were put forward by the Council and have been designated by the Welsh Government under the Environmental Noise (Wales) Regulations 2006, to be protected through planning policy. The designated Quiet Areas in Neath Port Talbot are listed in Policy EN10 and shown on the LDP Proposals Map. 4.3.3 Welsh Government policy relating to Quiet Areas is that areas should be assessed not only on overall noise levels, but in terms of a broader concept of tranquillity, bearing in mind that sites within built-up areas may not meet noise standards that would be achieved in more rural areas. Rather than being based on a defined noise level standard, a relative 27 approach was therefore used in order to identify Quiet Areas, tailored to reasonable and realistic expectations within urban areas. This included consideration of positive sounds and visual features that can make a place seem quieter or more tranquil. Following this approach and work undertaken elsewhere (including Westminster) the concept of urban tranquillity was defined in terms of five 'pillars', or criteria: 22 Directive 2002/49/EC. 4 . Noise Pollution upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary a. Sound; b. Presence of nature; c. Visual/aesthetic qualities; d. A sense of personal safety; and e. The culture and freedom of the place. 4.3.4 The 'pillars' of tranquillity are divided into those which directly relate to perceived quiet (the first three criteria), and those which do not directly relate to perceived quiet but which may nonetheless detract from the health and well-being benefits otherwise conferred by quiet and tranquillity. 4.3.5 Development proposals will be expected to demonstrate that they will have no significant adverse effects on any designated Quiet Area in terms of the five pillars of tranquillity. Proposals will need to be assessed to establish whether or not any effects are likely. This will depend on the nature of the proposal and its proximity to any Quiet Area and the parameters will vary on a case by case basis. If significant effects are likely, the following points should be addressed: 1. The following potential effects should be assessed, relating to the five pillars of tranquillity: a. Noise generation and transmission from the development site; b. The potential effects of the development on the Quiet Area and its surroundings in relation to natural features (e.g. trees, bushes, open areas, water features etc.) c. Inter-visibility between the new development and the Quiet Area and the impact on the visual character of the Quiet Area and its locality; d. Potential impacts of the development on the numbers of people using the Quiet Area and the wider area including access routes; e. Possible effects of the development on the character of the locality around the Quiet Area (e.g. changes in character from a residential area to a mixed/industrial or social/entertainment area etc). 28 2. If potential adverse effects are possible, mitigation measures should be identified. In relation to the five pillars of tranquillity these could include: a. Measures to attenuate noise and noise transmission (refer to Section 4.2.10 above); 4 . Noise Pollution b. Planting and landscaping schemes to maintain a natural character in the area. This should be considered in the context of any separate open space and biodiversity requirements; c. Amendments to the siting, design and layout of the development, provision of screening or planting as in (b) above; d. Attention to the design and layout of the development or off-site works and improvements; e. As (d) above. 4.3.6 The scheme should be designed as far as possible to take into account the findings of the assessment. However, it may be possible to deal with some of the above issues through the imposition of conditions on a planning permission. Supplementary Planning Guidance: Pollution (October 2016) 29 4 . Noise Pollution upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary 30 5 . Light Pollution 5 Light Pollution 5.0.1 Light pollution can be defined as the effect of over-lighting resulting from poorly designed lighting schemes and excessive levels of light. Broadly, it can be divided into three categories: 1. Sky glow caused by the scattering of artificial light by dust particles and water droplets/mist and cloud. It is closely related to the upward light waste ratio of lighting installations in the vicinity. 2. Glare is caused by the uncomfortable brightness of a light source when viewed against a darker background. 3. Light trespass is the spill of light beyond the boundary of the property on which a light is located. 5.0.2 The following sections outline the background and planning approach that will be Supplementary Planning Guidance: Pollution (October 2016) taken to light pollution issues. 5.1 Causes and Impacts of Light Pollution Causes of Light Pollution 5.1.1 Artificial lighting is introduced for a range of reasons, which include: Safety of movement; Security of property; Extension of working hours or sporting/leisure activities; Advertising; Enhancing horticultural or farming production; and Enhancing the amenity value of important buildings and settlements. 5.1.2 Light pollution can result from the introduction of artificial lighting, especially when this occurs in otherwise dark rural areas. Lighting generally only becomes a problem where it is excessive, poorly designed or badly installed. 31 Impacts of Light Pollution Effects on People 5.1.3 The following impacts and problems can be caused by the three main categories of light pollution: 5 . Light Pollution upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary 1. Sky Glow - glow in the sky from artificial light can be stronger than natural moonlight and can weaken or obliterate views of the stars and night sky. This can have an adverse effect on overall perceptions of tranquillity and the appreciation of not only astronomical features and phenomena, but also night time landscapes. Orange sodium street lighting has a particularly intrusive impact, and can lead to an urbanising effect impacting on a wide rural hinterland. 2. Glare - can have a blinding effect with safety implications for drivers and cause disturbance and disruption to perceptions of tranquillity. 3. Light trespass - can upset the balance of exterior lighting within an area and may cause disturbance and anxiety for neighbouring home owners and adversely affect privacy or the perception of privacy. Ecological Effects 5.1.4 The effects of increased lighting levels on the ecology of an area are not yet fully understood. There is some evidence of adverse effects on nocturnal animals, the reproduction cycle of some birds, and some types of plant growth. Bats are likely to be particularly sensitive to changes in lighting: the introduction of intrusive lighting may be an offence under the Habitats Regulations. The advice of a qualified ecologist should always be sought when new lighting is proposed in the countryside or other predominantly dark areas. Landscape Character Effects 5.1.5 The nature and character of the landscape should be taken into account when new lighting schemes are proposed. Remoter dark landscapes and places within designated Special Landscape Areas will need special consideration as the introduction of unsympathetic, excessively bright or poorly designed new lighting has the potential to be particularly intrusive and may be contrary to LDP Policy EN2 (Special Landscape Areas) or BE1 (Design). 5.2 Implementation of Policy EN8 & Avoidance/Mitigation Measures 5.2.1 Policy EN8 requires all proposals to have no unacceptable effects on health, biodiversity or amenity through causing additional light pollution. The explanation to the policy acknowledges that concerns about light pollution will need to be balanced against the positive benefits of lighting proposals (e.g. enhanced security and extended hours of use of sporting facilities). It is indicated that where lighting proposals could cause adverse 32 effects, mitigation measures will be required to minimise these impacts. 5.2.2 In general terms, proposals in more remote rural areas are likely to have potentially greater impacts through light pollution than those within urban areas. However, although less likely to have landscape or visual amenity impacts, proposals within existing developed areas (i.e. broadly within settlement limits) can still have significant ecological effects or impacts on people. 5 . Light Pollution 5.2.3 Where lighting could have an adverse impact upon nocturnal species, such as bats in particular, the lighting scheme of a development will be required to be designed to avoid and minimise impacts upon such species. Such lighting designs are a common requirement and standard techniques to address such impacts are well understood and simply applied. 5.2.4 For sustainability and economic reasons, the question of whether lighting is really necessary on new development should be addressed in the first instance. The following questions should be considered: 1. Is lighting essential to the safety, security or viability of the scheme? 2. Are there any alternatives to lighting? (e.g. improved site layout or use of alternative security measures). 5.2.5 If lighting is considered to be necessary or desirable, appraisal of the scheme will need to take into account its location, its purpose and its impacts. Supplementary Planning Guidance: Pollution (October 2016) 5.2.6 The Institute of Lighting Professionals (ILP)(23) has produced a classification which identifies environmental zones for exterior lighting control which broadly identify the sensitivity of areas to light pollution. Table 5.2.1 Environmental Zones for Exterior Lighting Control Zone Surrounding Lighting Environment Examples UNESCO Starlight Reserves, IDA Dark Sky E0 Protected Dark Parks National Parks, Areas of Outstanding Natural E1 Natural Intrinsically dark Beauty etc Village or relatively dark outer suburban E2 Rural Low district brightness locations E3 Suburban Medium district brightness Small town centres or suburban locations Town/city centres with high levels of E4 Urban High district brightness night-time activity 5.2.7 Significant areas of Neath Port Talbot could be considered to fall within zone E1, being intrinsically dark areas of forest or moorland that are remote from any significant size settlement. There are no designated Areas of Outstanding Natural Beauty within Neath Port Talbot, but the administrative area borders on to the Brecon Beacons National 33 Park which has been designated a 'Dark Sky Park' by the International Dark Sky Association (IDA). 23 Guidance Notes for the Reduction of Obtrusive Light (2011) - Institute of Lighting Professionals. 5 . Light Pollution upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary 5.2.8 Within intrinsically dark areas, or areas where lighting could have an impact on the National Park, special emphasis will be put on the impacts of lighting schemes. In these locations, lighting schemes that are not strictly necessary or (if shown to be necessary) that do not take all reasonable steps to minimise light pollution, are unlikely to be acceptable under Policy EN8. 5.2.9 Generally within rural parts of the County Borough (i.e. all areas within zones E1 and E2), light pollution can have an adverse impact on landscape and rural character, as well as ecological and human impacts. Lighting schemes should take this into account and be designed accordingly taking account of existing levels of artificial light in the locality. Proposals within Special Landscape Areas will need to pay particular regard to the visual impacts of artificial lighting in complying with LDP Policy EN2 (Special Landscape Areas). 5.2.10 Within Zones E3 or E4, regard will need to be given to the sensitivities of the locality and the likely impacts in particular on human and ecological interests. 5.2.11 Further detailed advice is available in the ILP Guidance Notes(24), which sets out (in Table 2) the light limitations recommended for each environmental zone and provides detailed advice about lighting design and the approaches that should be taken. 34 24 As above. 6 . Land Contamination 6 Land Contamination 6.0.1 Land contamination can arise from a range of man-made or natural sources. Typical causes of land contamination include previous industrial or commercial uses, mining and land filling. However, common domestic activities such as the storage of heating oil or the use of asbestos for buildings can also lead to contamination. Legislation relating to contaminated land is primarily embodied in the Environmental Protection Act 1990 (as amended) and the Contaminated Land (Wales)(Amendment) Regulations 2012. The Environmental Protection Act(25) defines contaminated land as: '...any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land that: (a) Significant harm is being caused or there is the significant possibility of such harm being caused; or Supplementary Planning Guidance: Pollution (October 2016) (b) Significant pollution of controlled waters is being caused, or there is a significant possibility of such pollution being caused.' 6.0.2 Detailed guidance on the determination of (a) what harm or pollution of controlled waters is to be regarded as "significant" and (b) whether the possibility of significant harm or of significant pollution of controlled waters being caused is "significant" is given in the Contaminated Land Statutory Guidance document(26) 6.0.3 The planning system takes a broader view of land contamination, since it needs to ensure not only that there is no significant possibility of significant harm, but that a site is fully suitable for the proposed use and will remain suitable after development. In relevant cases, developers will be required to demonstrate that there is a low risk of any harm from contamination. 6.0.4 It is the responsibility of the developer to identify the nature, scale and extent of land affected by contamination and, if required, to undertake remediation work. However, land contamination is a material planning consideration that must be taken into account by the Local Planning Authority when determining planning applications. If land within an application site is known to be contaminated, contamination is suspected or the site has previously been employed for uses that could have given rise to contamination, any planning application will need to be accompanied by an appropriate risk assessment. 6.0.5 The following sections outline the background and planning approach that will be taken to land contamination issues. 35 25 Environmental Protection Act 1990 (as amended). 26 Contaminated Land Statutory Guidance (Welsh Government 2012). 6 . Land Contamination upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary 6.1 Causes and Impacts of Land Contamination Causes of Land Contamination 6.1.1 Land may become contaminated through the presence of a range of different substances including metals, organic substances, ground gases and through a raised or lowered level of acidity. For an area to be classified as contaminated land under the EPA, there has to be a source of contamination, a pathway by which the contaminant reaches the receptor and the presence of a receptor (living organisms, ecological systems or property which may be harmed). Development proposals may result in changes to any part of this source-pathway-receptor model, and consequently in dealing with planning applications, a broader consideration needs to be given to contamination than the formal EPA definition of contaminated land. 6.1.2 The presence of contamination is most often a result of past human activities although it can be due to natural processes. The following sections outline some of the more common causes of land contamination. Industrial Uses 6.1.3 Within Neath Port Talbot there is a long history of heavy industry including the coal industry, metal working and production and petrochemical industries. The re-use of land that was previously part of an industrial site is common and will very often give rise to contamination issues, but such uses can also affect nearby land beyond the boundaries of the original premises. This can occur through the migration of contaminants through wind or water transmission and other mechanisms. Commercial Uses & Utilities 6.1.4 The use of land for a variety of commercial purposes may give rise to contamination issues. Such uses include the storage of fuel or gas, petrol filling stations, road or rail depots and vehicle parking or gasworks. Sewage works, scrap yards, abattoirs and food processing activities may also have an impact. Importation of Material including Tips, Dumps & Landfill 6.1.5 Waste materials may be brought into a site for storage, treatment or incineration, or in order to raise levels or infill voids (e.g. quarries or disused docks). Where this has occurred in the past or has not been adequately controlled, there may be no records of any previous contaminative use. 36 Agricultural Activities 6.1.6 In rural areas, many of the contaminants common in an urban context may also be found, particularly in relation to agricultural activities, including fuel storage and the storage and use of pesticides, fungicides and herbicides, the presence of sewage sludge and farm waste. Domestic / Residential 6 . Land Contamination 6.1.7 Within residential areas contamination may be less prevalent, but potentially could arise within areas used for vehicle parking, fuel storage or from the use of asbestos and other building materials. Natural Contaminants 6.1.8 As indicated above, not all land contamination is a result of human activity. There may be naturally occurring radioactivity in some areas, including radon, the presence of metals within the soil and methane and carbon dioxide arising from wetlands or former wetlands and peat moors and bogs. Impacts of Land Contamination 6.1.9 As indicated above, receptors of land contamination are defined as living organisms, ecological systems or property which may be harmed. Living Organisms & Human Health Supplementary Planning Guidance: Pollution (October 2016) 6.1.10 Uptake of contaminants by food plants grown in contaminated soil. Some contaminants including heavy metals and some pesticides may accumulate in food plants to concentrations that could be hazardous to humans or animals. 6.1.11 Ingestion and inhalation. Substances may be directly ingested (e.g. by the consumption of plants which have absorbed contaminants or are contaminated with soil or dust). This can also happen through contaminated water supplies, or through the inhalation of dust or vapours 6.1.12 Skin contact. Skin irritation can be caused by direct contact with soil containing tars, oils or corrosive substances. Some substances (e.g. phenols) may be absorbed into the body through the skin or via cuts and abrasions. 6.1.13 Irradiation. Radioactive materials emitting gamma rays can have an effect at a distance from the material as well as through being inhaled or absorbed through the skin. 6.1.14 Fire and explosion. Materials including coal, coke, oil, tar, pitch, rubber, plastic and domestic waste are combustible and may ignite and burn underground producing toxic or flammable gases. Methane and other gases may explode if they accumulate in confined spaces. Property & Buildings Impacts 6.1.15 Fire and explosion. Underground fires may cause ground subsidence and cause structural damage or damage building services. The accumulation of flammable gases in 37 confined spaces leads to a risk of explosion. 6.1.16 Chemical attack on building materials and services. Sulphates may attack concrete structures, while acids, oils and tarry substances may accelerate the corrosion of metals or attack plastics or rubber used in pipe work or as jointing seals or protective coatings. 6 . Land Contamination upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary 6.1.17 Physical impacts. Some materials including blast furnace or steel making slag may expand if ground conditions are changed by development. Infilled areas may settle or collapse if there is a degradation of materials or voids caused by buried tanks or drums collapse. Ecosystems Impacts 6.1.18 Phytotoxicity (prevention/inhibition of plant growth). Some metals that are essential for plant growth at low levels are phytotoxic at higher concentrations. Gases such as methane may deplete the oxygen content in the plant root zone, giving rise to phytotoxic effects. 6.1.19 Contamination of water resources. While soils can absorb, degrade or attenuate the effects of pollutants, if this capacity is exceeded, polluting substances can enter surface or groundwater. 6.1.20 Ecotoxicological effects. Contaminants in soil may affect microbial, animal and plant populations. This can affect individual species or ecosystems. 6.2 Implementation of Policy EN8 & Avoidance/Mitigation Measures 6.2.1 Policy EN8 requires all proposals to have no unacceptable effects on health, biodiversity or amenity as a result of contamination. The LPA will need to be satisfied that the proposal does not result in or allow the continuation of unacceptable risk from land contamination. Any significant existing or potential risks of harm from land contamination should be eliminated by removing the pollution source, blocking the pathway and/or ensuring there are no receptors that could be affected. 6.2.2 The explanation to the policy indicates that where contamination is likely or is found to be present, information will be required to show the level and type of contamination present together with proposals for remediation and mitigation to show that no adverse effects will be caused at any stage of development within or outside the site. The potential for land contamination is a material planning consideration but it is the developer's responsibility to ensure that any proposed development is safe and suitable for the use proposed. 6.2.3 In order to assess whether land contamination is likely to be an issue, the following points should be considered: The historic and existing uses of the site; 38 The current circumstances of the land; The proposed end use; and The potential for contamination to be encountered during development works. 6 . Land Contamination 6.2.4 Consideration should also be given to the condition of adjoining land and the possibility of leachate entering the site from external sources. Developers are advised to contact the council for pre-application advice in order to ensure that all matters are addressed. 6.2.5 As a minimum, for sites where contamination is likely to be an issue, a Preliminary Risk Assessment (PRA) should be submitted with the planning application in order to assist with consideration. This would normally comprise a desk study to identify potential contaminants, receptors, pathways and their relationships (pollutant linkages) and the development of an outline conceptual model. 6.2.6 Depending on the circumstances, further additional information may be required prior to the grant of any planning permission. Guidance issued by the Welsh Local Government Association and Environment Agency Wales (now Natural Resources Wales)(27) gives further information on this and sets out a detailed land contamination management procedure that should be followed, including requirements for site investigations, risk assessments, remediation options appraisal, remediation strategy, implementation and verification. It may be possible to issue a planning consent subject to Supplementary Planning Guidance: Pollution (October 2016) conditions requiring the implementation of some stages of the contamination management procedure, depending on the circumstances of the site in question, but compliance is likely to be required before any development work can start on site. 39 27 Development of Land Affected by Contamination: A Guide for Developers (2012) - Welsh Local Government Association / Environment Agency Wales. 6 . Land Contamination upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary 40 7 . Water Pollution 7 Water Pollution 7.0.1 New developments have the potential to cause pollution of water bodies in a variety of ways. This can include impacts on ground contamination which can affect ground water quality, new additional discharges to sewers or water courses or changing patterns of land drainage and run-off. The LDP indicates that developments will be expected to minimise any adverse effects on water quality and will be required to ensure that no pollution is caused through drainage. 7.0.2 Pollution control is normally the responsibility of authorities and bodies other than the LPA (primarily NRW), and PPW indicates that it is not the role of the planning system to seek to control the processes or substances used in any particular development. However, the LPA will need to understand the scope and purpose of conditions that can be imposed by pollution authorities in order to ensure that planning conditions neither duplicate nor conflict with such conditions. Proposed development should be designed wherever possible to prevent or minimise any adverse effects on the water environment. Supplementary Planning Guidance: Pollution (October 2016) 7.0.3 The following sections outline potential causes of water pollution and the measures that should be taken to avoid adverse effects. 7.1 Causes and Impacts of Water Pollution 7.1.1 Water bodies are particularly vulnerable to the effects of pollution from a range of sources. Pollution may be caused by a range of different substances being introduced into the water environment including chemicals, metals and organic materials and can include discolouration and elevated temperatures. Water quality is also linked to other forms of pollution addressed in this SPG including air pollution and land contamination, and this section should be read in conjunction with the other relevant sections above. Causes of Water Pollution Direct Run-off 7.1.2 Direct run-off from land adjacent to water courses can result in contaminants entering the water body. Examples include run-off from roads or parking areas (heavy metals or hydrocarbons from vehicles) or from agricultural land (pesticides / herbicides / insecticides or fertilisers etc). Land Contamination 7.1.3 Contamination within the ground can migrate to ground waters and lead to significant water pollution. This may be occurring prior to development but can also occur 41 as a result of development activities disturbing historic contamination or providing new pathways for the contamination to reach water bodies. Effluent Contamination 7 . Water Pollution upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary 7.1.4 Issues with sewage disposal or effluent from agricultural activities can be significant, including problems associated with the use of cess pits / septic tanks or inadequate sewer capacity or surcharging. Deposition from Air Pollution 7.1.5 Pollutants can enter water bodies as a result of deposition from air pollution. This can be particularly significant in relation to acid and nitrogen deposition which can lead to changes in the chemical composition of water affecting the growth of flora and fauna. Alteration of water's physical chemistry can also include changes to its electrical conductivity. Impacts of Water Pollution 7.1.6 Water pollution can have significant effects on human health as a result of toxic chemical substances and pathogens that may be in the water and can produce waterborne diseases in either humans or animals. 7.1.7 In addition, high concentrations of naturally occurring substances can have negative impacts on aquatic flora and fauna. Changes in oxygen concentrations can be caused by natural materials such as plant matter (e.g. leaves and grass) or man-made chemicals. Other pollutants may cause turbidity (cloudiness) which blocks light and disrupts plant growth, and can clog the gills of fish. 7.1.8 Eutrophication is an increase in the concentration of chemical nutrients in an ecosystem leading to an enriched environment, changing natural ecosystems. Depending on the degree of eutrophication, this can result in more sensitive species being out-competed by more common or invasive species or other negative environmental effects such as anoxia (oxygen depletion) and severe reductions in water quality, affecting fish and other animal populations. 7.2 Implementation of Policy EN8 & Avoidance/Mitigation Measures 7.2.1 Policy EN8 states that proposals will not be permitted if they are likely to have unacceptable effects on health, biodiversity or amenity as a result of water pollution. As outlined above, pollution control authorities will deal directly with water pollution issues, but the LPA will need to be satisfied that the development design is compatible with pollution control requirements and will not cause water pollution issues. 7.2.2 Developers should therefore liaise with the pollution control authorities where appropriate and ensure that all necessary measures are incorporated within the design of the proposals to address any water pollution concerns. If permission is to be granted 42 for a development, the LPA will need to be satisfied that pollution concerns have been addressed or are capable of being dealt with under the other pollution regimes. 7.2.3 In relation to the provision of drainage for new proposals, development proposals in sewered areas will be expected to connect to the main sewer, and the developer will need to show that this is feasible. Any new sewers should be built to an adoptable standard, 7 . Water Pollution and developers are advised to consult sewerage undertakers in the early stages of design and planning. Only where there is no main sewer available or connection is not feasible will the use of non-mains drainage schemes be considered acceptable. 7.2.4 Applications for proposals that incorporate non-mains sewage disposal, including septic tanks and surface water drainage schemes should be accompanied by an assessment of their effects on the environment, amenity and public health(28). Where appropriate, Sustainable Drainage Systems (SuDS) should be used. 7.2.5 The intention of SuDS is to replicate natural systems and use cost effective solutions with low environmental impact to drain away surface water run-off through collection, storage, and cleaning before allowing it to be released slowly back into the environment, such as into water courses. This is achieved by ensuring that surface water run-off is controlled as near to the source as possible while ensuring that development does not increase the risk of flooding elsewhere or increase problems of surface water run-off. It is important to ensure that land contamination is not increased or contamination mobilised as a result of a SuDS scheme, but SuDS can be an appropriate and useful technology for both brownfield and greenfield sites. More information on SuDS is provided in TAN15(29) Supplementary Planning Guidance: Pollution (October 2016) and the SuDS Wales website(30). 43 28 Further advice is given in Welsh Office Circular 10/99. 29 Technical Advice Note 15: Development and Flood Risk (July 2004) - Welsh Government. 30 http://www.sudswales.com/ 7 . Water Pollution upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary 44 8 . Habitats Regulations Assessment 8 Habitats Regulations Assessment 8.0.1 Under the Habitats Regulations(31), any proposal that could affect a Natura 2000 site ('European Site') must be subject to Habitats Regulations Assessment (HRA) in order to ensure that no adverse effects are caused. Natura 2000 sites are sites designated under the Habitats Directive either as Special Areas of Conservation (SACs) for their habitats and species or Special Protection Areas (SPAs) for the protection of birds. Welsh Government policy also requires sites listed under the 1971 Ramsar Convention (wetlands of international importance) to be treated in the same way. 8.0.2 There are three SACs partly within the boundaries of Neath Port Talbot and a range of others in the region that could be affected by proposals in Neath Port Talbot. There is the potential for pollution resulting from new developments to impact on the SACs. This is a particular concern in relation to water and air pollution, but could also apply to other pollution types. Pollutants from developments can have adverse impacts upon the designating features of such sites in a variety of ways, and direct, in-direct or in-combination effects will all need to be considered. Where pollutants levels could result in a significant Supplementary Planning Guidance: Pollution (October 2016) effect upon the designating features an HRA will be required to be undertaken for a proposed development. LDP Habitats Regulations Appraisal 8.0.3 The LDP was itself subject to a HRA(32) which concluded that while the majority of the Plan policies would have no negative effects on any Natura 2000 site, two development allocations have the potential to give rise to increased levels of nitrogen deposition as a result of air pollution at three Natura 2000 sites within or near to Neath Port Talbot: Crymlyn Bog SAC, Kenfig SAC and Cefn Cribwr Grasslands SAC. The table below gives particulars of the relevant allocations. Table 8.0.1 Employment Allocations Policy Ref: Site Name Size (ha) Use Class EC1/1 Baglan Bay 75 B1, B2 & B8 EC1/2 Junction 38 (M4), Margam 6 B1, B2 & B8 8.0.4 Proposals relating to development on these allocations are likely to need a detailed application stage HRA depending on the nature of the proposal, and will be required not to cause any detriment to any designated site. Developers proposing schemes in these locations, or others in proximity to any SAC should contact the planning department at an early stage to discuss HRA requirements. 45 31 Conservation of Habitats and Species Regulations 2010 (EC Habitats Directive 92/43/EEC). 32 Habitats Regulations Appraisal for the Neath Port Talbot Local Development Plan (NPTCBC 2013). 8 . Habitats Regulations Assessment upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary 46 Appendix A: . Air Quality Objectives Appendix A: Air Quality Objectives Table A.0.1 (1) Air Quality Objectives Air Quality Objective Date to be achieved Pollutant by: Concentration Measured as 16.25 μg/m3 Running annual mean 31/12/2003 Benzene 5.00 μg/m3 Running annual mean 31/12/2010 1,3-Butadiene 2.25 μg/m3 Running annual mean 31/12/2003 Carbon 10.0 μg/m3 Running 8-hour mean 31/12/2003 Monoxide 0.5 μg/m3 Annual mean 31/12/2004 Lead Supplementary Planning Guidance: Pollution (October 2016) 0.25 μg/m3 Annual mean 31/12/2008 200 μg/m3 not to be exceeded more 1-hour mean 31/12/2005 Nitrogen than 18 times a year dioxide 40 μg/m3 Annual mean 31/12/2005 50 μg/m3 not to be exceeded more 24-hour mean 31/12/2004 Particles than 35 times a year (PM10) (gravimetric) 40 μg/m3 Annual mean 31/12/2204 350 μg/m3 not to be exceeded more 1-hour mean 31/12/2004 than 35 times a year Sulphur 125 μg/m3 not to be exceeded more 24-hour mean 21/12/2004 dioxide than 3 times a year 266 μg/m3 not to be exceeded more 15-minute mean 31/12/2005 than 35 times a year 1. Airwise - Clean Air for Everyone (NPTCBC 2013) 47 Appendix A: . Air Quality Objectives upeetr lnigGiac:Pluin(coe 2016) (October Pollution Guidance: Planning Supplementary 48 Local Development Plan Cynllun Datblygu Lleol www.npt.gov.uk/ldp - Biodiversity and Geodiversity Supplementary Planning Guidance (May 2018) www.npt.gov.uk/ldp Sand Martin Bank © Barry Stewart Pipistrelle Bat © Laura Palmer Shrill Carder Bee © Mark Hipkin Contents Note to Reader 1 1 Introduction 3 2 Biodiversity and Geodiversity in Neath Port Talbot 5 2.1 What is 'Biodiversity' and 'Geodiversity'? 5 2.2 Biodiversity in Neath Port Talbot 5 2.3 Geodiversity in Neath Port Talbot 7 2.4 Green Infrastructure 8 3 Policy Context 11 3.1 National Policy Context 12 3.2 Local Policy Context 13 4 Policy Requirements 19 4.1 General Principles 19 5 Policy Implementation 21 5.1 Pre-Application Discussion 21 Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) 5.2 Planning Application Submission 31 5.3 Decision / Determination 33 5.4 Monitoring, Management and Review 36 6 Contact Details 41 Appendices A SINC Criteria 1 B RIGS 11 C Specific Guidance on Wind Energy Schemes 15 D Compensation Scheme 21 E Glossary 27 Contents upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary Note to Reader Note to Reader This document supplements and explains the policies in the Local Development Plan (LDP). The LDP was adopted by the Council on 27th January 2016 and forms the basis for decisions on land use planning in the County Borough up to 2026. This Supplementary Planning Guidance (SPG) has been prepared following a public consultation exercise that was undertaken in the Spring of 2018 and the guidance was adopted by the Council's Regeneration and Sustainable Development Cabinet Board on 18th May 2018. While only policies in the LDP have special status in the determination of planning applications, the SPG will be taken into account as a material consideration in the decision making process. This SPG is also available in Welsh, either to download or by request. Should you need this document in another format, then please contact the LDP team at [email protected] or [01639] 686821. Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) 1 Note to Reader upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary 2 1 . Introduction 1 Introduction 1.0.1 This Supplementary Planning Guidance (SPG) provides information and guidance setting out the expectations on all development proposals to protect, conserve, enhance and manage important habitats, species and sites of geological interest. 1.0.2 The document focuses on the full range of biodiversity and geodiversity features and interests within Neath Port Talbot and sets out the measures that will be taken through the planning system to meet the relevant objectives set out in the Local Development Plan (LDP). 1.0.3 The Council's planning policy is set out in the Neath Port Talbot LDP(1), namely Strategic Policy SP15 (Biodiversity and Geodiversity) and detailed policies EN6 (Important Biodiversity and Geodiversity Sites) and EN7 (Important Natural Features) and this SPG should be read in the context of these policies and explanatory text. 1.0.4 The planning system is an important means by which, in relation to land use, we can attend to the biodiversity and geodiversity needs of the County Borough and beyond, because of the opportunities and potential impacts posed by development. This is fully supported by planning policy and legislative requirements. 1.0.5 It is therefore important to address such issues as part of the process of dealing Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) with planning applications submitted to the Planning Authority, as failure to do so may result in applications being refused or delayed. Purpose of the SPG 1.0.6 The purpose of the SPG is to assist and guide applicants submitting a planning application in order to ensure that biodiversity and geodiversity is appropriately considered, protected and enhanced within any development proposal. It does so by supplementing the policies set out in the LDP, by providing more detailed guidance and by setting planning policy within the broader context of environmental legislation, commitments, British Standards and Biodiversity Action Plans. 1.0.7 The SPG sets out a basic framework for dealing with biodiversity and geodiversity in the planning process in Neath Port Talbot. In specific regard to biodiversity, a great deal more detailed guidance can be found in the British Standard 42020:2013 'Biodiversity – Code of Practice for Planning and Development'. Whilst the SPG does not repeat sections of the British Standard, the document does signpost relevant sections where appropriate. Structure and Content 1.0.8 The SPG addresses the following: 3 An introduction to the local biodiversity and geodiversity resource; 1 Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016. 1 . Introduction upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary Background information on the relevant biodiversity and geodiversity related legislation and commitments, including biodiversity action plans; The role of the planning system, expanding on the detail of national and local planning policy and the British Standard; An explanation on how biodiversity and geodiversity conservation is dealt with at different stages in the planning process; and How the implementation and compliance with this SPG will be monitored, along with review mechanisms. 1.0.9 Whilst not forming part of this SPG, the Council has also produced a 'Companion Guide' which provides additional practical advice to applicants/developers on the basic biodiversity survey requirements (including seasonal and timing constraints); examples of mitigation and compensation proposals; and how to complete the biodiversity / geodiversity elements on the planning application form. 4 2 . Biodiversity and Geodiversity in Neath Port Talbot 2 Biodiversity and Geodiversity in Neath Port Talbot 2.1 What is 'Biodiversity' and 'Geodiversity'? Biodiversity 2.1.1 A useful definition of biodiversity is provided by the UK Steering Group Report on Biodiversity (1995): 'Biodiversity (shortened from biological diversity) is all living things, from the tiny garden ant to the giant redwood tree. You will find biodiversity everywhere, in window boxes and wild woods, roadsides and rainforests, snowfields and sea shores'. 2.1.2 As human beings we ourselves are an element of, and reliant on, the biodiversity of the planet. Plants and animals provide us with food, plants provide oxygen for us to breathe and many recreational and tourist attractions rely upon the enjoyment of our native biodiversity. In addition, biodiversity can aid in the prevention of flooding, temperature rises in towns and cities and in providing health and well-being benefits to people. It is therefore essential that we try to understand and protect our biodiversity as it underpins many of the services we rely upon in our day-to-day lives and is one of the key underpinning Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) components of sustainable development. Geodiversity 'Geodiversity describes the range and variety of geological features that constitute and shape the Earth, comprising the full variety of rocks, minerals, fossils, landforms, sediments, soils and water, together with the natural processes which form and alter them'. 2.1.3 The importance of conserving sites which reflect the geodiversity of the UK landscape and natural environment is now recognised as being of major significance in the context of sustainable land use planning and development. Such sites can provide access to key bedrock, superficial deposits and soil units which contain instructive evidence of previous periods of environmental change, including climate and land use change; many chart the history of local mineral extraction and associated industrial development; others were, and remain, the only source for building stones that contribute to our architectural heritage. 5 2.2 Biodiversity in Neath Port Talbot Species, Habitats and Sites 2.2.1 The County Borough hosts a great variety of habitats ranging from exposed uplands, through ancient woodlands along valley sides and rivers meandering along the valley floors, to marshland and sand dunes where the rivers meet the sea. In addition to 2 . Biodiversity and Geodiversity in Neath Port Talbot upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary these naturally occurring habitats, the County Borough also has man-made but also ecologically interesting habitats, such as canals, heathland and even previously developed land that has developed its own interesting flora and fauna. Habitats such as hedgerows, canals, rivers and other connecting features also provide an essential role in linking habitats and providing corridors for wildlife movement. 2.2.2 Some of our habitats, and their associated species, are nationally and internationally important. For example, Crymlyn Bog and Pant-y-Sais Fen are regarded as some of the most important Fen sites in Wales as well as being recognised internationally. 2.2.3 The habitats of the County Borough are home to a wealth of wildlife species. Some are rare, such as the Fen Raft Spider that is not found anywhere else in Wales and the Honey Buzzard, a species more common in continental Europe but for which Neath Port Talbot is the main Welsh stronghold. Harbour Porpoise utilise our docks in Port Talbot and uncommon plant species such as Sea Stock are found amongst our sand dunes. 2.2.4 There are a number of sites within the County Borough that have been designated for nature conservation, these include international, national and local designations. The former two classes of designation are afforded protection under specific legislation, whilst local designations such as Sites of Importance for Nature Conservation (SINCs) are largely protected through the planning process. 2.2.5 In addition to designated sites, the County Borough is home to a number of protected species afforded said protection under European and National legislation. Picture 2.1 Fen Raft Spider (by Steve Bolchover) Sites of Importance for Nature Conservation 2.2.6 Sites of Importance for Nature Conservation (SINCs) are local sites of substantive nature conservation value. They are the most important places for wildlife outside legally designated sites such as Sites of Special Scientific Interest (SSSIs). In addition, they are important in providing support and linkage, in a local context, to such internationally and nationally designated sites. SINCs are normally afforded 6 protection, particularly from damaging development, through the planning process. In addition, support for their management can be a target for grant aid in addition to any funds gained from planning. 2 . Biodiversity and Geodiversity in Neath Port Talbot 2.2.7 Whilst a number of SINCs have already been identified, it should be highlighted that any site that meets the criteria set out in Appendix A, but is yet to be designated as a SINC, will be considered by the Council in the same way in the planning process as those already identified. Further detail on the SINC identification, policy and review process is also provided in Appendix A. Impacts on the Biodiversity Resource 2.2.8 Over a period of time, the biodiversity resource in the County Borough has been progressively reduced as a consequence of inappropriate management, agricultural intensification and development pressure. Some habitats have declined dramatically and only a very small proportion of the original resource is in existence today, this is particularly true of the coastal habitats such as sand dune. 2.2.9 Whilst development can significantly impact upon biodiversity across the County Borough through direct loss of habitats and their associated species, disturbance on and off-site, and habitat fragmentation causing species isolation and the prevention of genetic exchange, it can also afford opportunities to enhance biodiversity and reverse previous damage, as well as to avoid net losses through careful planning and design. 2.2.10 The Local Biodiversity Action Plan and the SINCs register highlight those local habitats and species, outside of statutory designated sites, most at risk of such impacts. Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) These are therefore considered as conservation priorities and provide a focus for conservation action within the development process. 2.3 Geodiversity in Neath Port Talbot 2.3.1 Neath Port Talbot lies mostly on Upper Carboniferous rocks of the South Wales Coalfield, which extends from Pontypool to Swansea and is underlain by Carboniferous Limestone and Millstone Grit. These deposits are underlain by the much older rocks of the Devonian which also form the upland areas of the Brecon Beacons and Black Mountains. 2.3.2 Within the South Wales Coalfield there are three major east-west folds with widespread faulting, including the Neath and Swansea Valley Disturbances which have influenced the location and orientation of the respective valleys within Neath Port Talbot. 2.3.3 Pleistocene glacial deposits of boulder clay, sand and gravel are extensive in the area and the Neath and Swansea valleys display the typical U shape resulting from glaciation, with associated hanging valleys and waterfalls, terminal moraines and terraces left by the retreating ice. 2.3.4 A range of conservation designations can include geological interest, including 7 Sites of Special Scientific Interest (SSSIs) and Regionally Important Geodiversity Sites (RIGS). Within Neath Port Talbot, there are four SSSIs and two RIGS which are designated for geological reasons (refer to Appendix B). 2 . Biodiversity and Geodiversity in Neath Port Talbot upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary Picture 2.2 Craig y Llyn Regionally Important Geodiversity Sites 2.3.5 Aberdulais Falls: The waterfalls and crags in this National Trust visitor attraction provide access to some impressive Brithdir age Pennant Sandstones. The site has its own small museum / education centre and provides excellent, very easy access to a geologically and historically interesting site. 2.3.6 Melincourt Brook: Part of the site is very easily accessible with well maintained footpaths, leading to a spectacular waterfall, graphically illustrating how they are formed by erosion of softer sediments and toppling of harder, overlying beds. The site provides a section through Rhondda and Brithdir Beds of the Pennant Sandstones and coals, constituting one of the most continuous sections in the Brithdir Beds. Also included in the site is a disused ironworks and tips associated with coal working, which is of historical and industrial interest. 2.3.7 Full details of these RIGS are available in Appendix B. 2.3.8 The biodiversity and geodiversity resource in Neath Port Talbot supports features that are also important in relation to the historical and archaeological environment. Waterlogged habitats, such as fens and bogs, preserve archaeological artefacts such as bone, wood and material and can provide an important historical flora and fauna record. Hedges, field boundaries, woods and watercourses often contribute towards the historical record of previous land use and human intervention. Areas of mining and other industrial uses may also be important in relation to conserving our industrial heritage. 2.4 Green Infrastructure 2.4.1 Biodiversity habitats and natural features, along with geodiversity features, are considered 'green infrastructure assets' that often function to provide important benefits, that otherwise would need to be hard engineered to realise. 8 Green infrastructure is defined as '...the network of natural and semi-natural features, green spaces, rivers and lakes that intersperse and connect villages, towns and cities. It is a natural, service-providing infrastructure that is often more cost-effective, more resilient and more capable of meeting social, environmental and economic objectives than ‘grey’ infrastructure'(2). 2 Green Infrastructure: An Integrated Approach to Land Use - Position Statement (2013 Landscape Institute). 2 . Biodiversity and Geodiversity in Neath Port Talbot Examples may include parks and gardens, greenspace, allotments, cemeteries, green corridors, green/brown roofs, sustainable urban drainage schemes and trees (including individual trees, street trees, groups of trees or woodland areas). 2.4.2 Green infrastructure assets are often multi-functional and can deliver a great number of benefits to society, including green space(3) biodiversity protection and enhancement, preservation and interpretation of our historic environment, and flood attenuation and water management to name a few. These, functions then have real economic value through reducing environmental costs and boosting property value due to proximity of greenery or greenspace for example. Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) 9 3 Open Space and Greenspace Supplementary Planning Guidance (July 2017). 2 . Biodiversity and Geodiversity in Neath Port Talbot upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary 10 3 . Policy Context 3 Policy Context 3.0.1 UK national policy on biodiversity and geodiversity has developed within the context of a long history of national wildlife legislation along with more recent international conventions, agreements and European legislation. The current UK national legislative framework is intended to conserve our important biodiversity and geodiversity resources, and deliver the obligations of the relevant international conventions and directives. Commitments and Legislation 3.0.2 A range of parliamentary Acts, International Conventions and European Directives require biodiversity to be conserved and taken into account in the planning process. The following set out some of the key commitments and legislation most commonly encountered in the planning process: The United Nations Convention on Biological Diversity (1992) requires biodiversity to be used in such a way so as not to lead to its decline. In response to this Convention Biodiversity Action Plans were introduced. The Conservation of Habitats and Species Regulations 2017 (the Habitat Regulations) transposes the requirements of the European Habitats Directive into UK law. These Regulations along with the Wildlife and Countryside Act 1981 (as Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) amended) afford protection to certain sites and species. The Well-Being of Future Generations (Wales) Act 2015 places a duty upon public bodies to produce well-being objectives that contribute to achieving a set of overarching well-being goals. The Resilient Wales goal is the key goal that biodiversity and geodiversity conservation, as part of the planning process, will contribute towards delivering. The Environment (Wales) Act 2016 places a statutory duty on all public bodies, including the Local Planning Authority, to seek to maintain and enhance biodiversity and in so doing promote the resilience of ecosystems with the intention of ensuring that biodiversity becomes an integral part of all decision making in public authorities. 11 3 . Policy Context upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary Picture 3.1 Floodplain, Neath 3.0.3 The Welsh Government has also published a Nature Recovery Action Plan for Wales (December 2015), which builds upon the legislative frameworks set out in the Well-Being and Environment Acts and sets out actions for how the underlying causes of biodiversity loss can be addressed. 3.0.4 The legislative framework in Wales therefore requires biodiversity conservation within the wider environment as well as the protection of specific sites or species. 3.1 National Policy Context 3.1.1 The national policy framework for biodiversity and geodiversity is set out in Planning Policy Wales (Edition 9 November 2016) (PPW9) with further detail being provided in Technical Advice Note 5: Nature Conservation and Planning (2009) (TAN 5). These set out the Welsh Government’s objectives for the conservation and improvement of our natural heritage and stresses the important part the planning process has to play in meeting biodiversity objectives. Particular emphasis is placed upon creating new opportunities to enhance biodiversity and mitigating or compensating for losses where damage is unavoidable. 3.1.2 The British Standard: Biodiversity - Code of Practice for Planning and Development (BS 42020:2013) is a code of practice for a consistent and professional approach to dealing with biodiversity issues as they arise in the planning process. It sets out recommendations for all those involved, including planners, developers and biodiversity / ecological professionals. In particular, it sets out the requirements for appropriate biodiversity information needed for planning decisions to be based upon, both in relation to survey data, assessment and measures to address impacts. 12 3 . Policy Context Picture 3.2 Lapwing (by Barry Stewart) 3.1.3 The British Standard aligns the planning process with the development design process and sets out where biodiversity is needed to be considered as a key element of both these processes. By following the approach set out, biodiversity issues will be addressed throughout the process of development design, minimising delays and the need for costly retrofit or reactive mitigation measures. 3.1.4 The recommendations set out in the British Standard should be followed, as this will ensure that developments will smoothly progress through the planning process, in a timely fashion. 3.1.5 The above policy framework provides the overarching context for the need for all public, private and voluntary organisations to act proactively to protect and enhance Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) biodiversity. 3.2 Local Policy Context Local Biodiversity Plans 3.2.1 At a local level and in response to the Convention on Biological Diversity signed in 1992 Local Biodiversity Action Plans (LBAPs) have been formulated, to include targets for local conservation action, collectively working towards achieving the national targets. This plan lists action plans for a number of species and habitats of national and/or local priority in Neath Port Talbot to concentrate local conservation action upon(4). The LBAPs also now form a key part of the delivery mechanism for the Welsh Government's Nature Recovery Plan. 3.2.2 The Neath Port Talbot CBC Biodiversity Duty Plan (2017) demonstrates how the Council will fulfil the biodiversity duty set out under the Environment (Wales) Act 2016 and deliver against well-being objectives and the ways of works under the Well-Being of Future Generations Act 2015, as well as contribute towards the delivery of the Nature Recovery Action Plan for Wales(5). 13 4 Further detail can be viewed on the Council's website. 5 Further detail can be viewed on the Council's website. 3 . Policy Context upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary Local Well-Being Plan and Objectives 3.2.3 As referred to above, the Well-Being of Future Generations (Wales) Act 2015 places a duty upon public bodies to produce well-being objectives, in addition, the Act also establishes Public Service Boards for each Local Authority area in Wales, who must prepare and publish a local Well-Being Plan, setting out objectives and how the board or it's individual members will achieve them. 3.2.4 The objectives of the Council and/or Public Service Board will be required to deliver against the well-being goals, including the Resilient Wales goal that sets out the vision for biodiversity conservation moving forward. Local Development Plan (2011-2026) (January 2016) 3.2.5 The Neath Port Talbot Local Development Plan (LDP) has policies that ensure the identification, protection and enhancement of sites, habitats and species of international, regional and local importance along with other important natural heritage features (Strategic Policy SP15). Further detailed policies then follow on from this strategic policy. Policy SP15 Biodiversity and Geodiversity Important habitats, species and sites of geological interest will be protected, conserved, enhanced and managed through the following measures: 1. The identification of the following Internationally and Nationally designated sites within the County Borough to enable their protection: (a) Special Areas of Conservation (SACs) and Ramsar Sites; (b) Sites of Special Scientific Interest (SSSIs); (c) National Nature Reserves (NNRs). 2. The identification and protection of sites of regional and local importance; 3. The protection of important natural heritage features. LDP Objective: OB 15 14 3.2.6 Policy SP15 indicates that SACs, SSSIs and NNRs are identified in the LDP (these are shown on the LDP Proposals Map). These designated sites are protected by European and UK legislation, with the relevant planning policies set out in PPW and TAN5. Policies for sites of regional and local importance and for the protection of other important natural heritage features are set out in LDP policies EN6 and EN7. 3 . Policy Context Policy EN6 Important Biodiversity and Geodiversity Sites Development proposals that would affect Regionally Important Geodiversity Sites (RIGS), Local Nature Reserves (LNRs), Sites of Importance for Nature Conservation (SINCs), sites meeting SINC criteria or sites supporting Local Biodiversity Action Plan (LBAP) or S42(6) habitats or species will only be permitted where: 1. They conserve and where possible enhance the natural heritage importance of the site; or 2. The development could not reasonably be located elsewhere, and the benefits of the development outweigh the natural heritage importance of the site. Mitigation and/or compensation measures will need to be agreed where adverse effects are unavoidable. 3.2.7 Where a site is subject to a regional or local designation [i.e. Sites of Importance for Nature Conservation (SINCs), Regionally Important Geological Sites (RIGS) and Local Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) Nature Reserves (LNRs) along with LBAP and S7 (formerly S42) habitats and species], or the proposed development could have an impact on a locally designated site, the main relevant policy is LDP Policy EN6. 3.2.8 Policy EN6 sets out the requirements for developments that would affect regionally and locally designated sites, habitats and species. Planning proposals that would not conserve or enhance the natural heritage importance of the site would need to comply with criterion 2 of the policy (i.e. show that the development could not reasonably be located elsewhere and the benefits of the development would outweigh the natural heritage importance of the site). 15 6 Replaced by S7 Environment (Wales) Act 2016 3 . Policy Context upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary Picture 3.3 Adder (Copyright Peter Hill) 3.2.9 In cases where it is demonstrated that criterion 2 applies, the policy requires appropriate mitigation and/or compensation measures to be agreed and implemented. Only where full mitigation is not possible will compensation measures be considered, firstly within the site and, as a last resort, on a suitable site elsewhere. More detail on compensation issues is provided in Appendix D. Overall, Policy EN6 aims to ensure that there will be no net loss of biodiversity, and wherever possible a net gain, as a result of development. Policy EN7 Important Natural Features Development proposals that would adversely affect ecologically or visually important natural features such as trees, woodlands, hedgerows / field boundaries, watercourses or ponds will only be permitted where: 1. Full account has been taken of the relevant features in the design of the development, with measures put in place to ensure that they are retained and protected wherever possible; or 2. The biodiversity value and role of the relevant feature has been taken into account and where removal is unavoidable, mitigation measures are agreed. 16 3.2.10 Specific natural features are considered under Policy EN7. This policy requires features such as trees, ponds, woodland, hedges and field boundaries to be appropriately considered and incorporated into development design. Where this is not possible, appropriate mitigation or compensation is required. Such features may function as key connections linking populations or allowing movement of species. Whilst many of these features will also be afforded protection under the previous mentioned policies, this policy 3 . Policy Context aims to pick up additional features that may function to support our local biodiversity resource, especially those that provide key connectivity to allow for migration in reaction to climate change, in line with LDP Strategic Policy SP1 (Climate Change). 3.2.11 Overall, these policies stress that the biodiversity and geological resource to be enhanced and conserved goes beyond statutory designated areas and that conservation involves preservation, protection, sustainable management, creation and restoration. The policies encourage the incorporation of biodiversity and geodiversity into the design of development both in relation to its protection and the mitigation of adverse effects. Where significant losses are unavoidable as part of a development, the policy requires appropriate mitigation and/or compensation measures to be agreed and implemented. However, the latter measure, is stressed to be a last resort and all other options will need to be demonstrated to have been considered before this scenario is agreed. 3.2.12 Given the extensive protection afforded by these policies, it is clear that information about, and consideration of, biodiversity (and where relevant geodiversity) will be a necessary part of most planning applications. There is also a preference for such considerations to be designed-in to the development in order to aim for a net gain for biodiversity along with the ongoing protection of our geodiversity resource. Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) 17 3 . Policy Context upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary 18 4 . Policy Requirements 4 Policy Requirements 4.0.1 Given the policies outlined in Section 3, in the assessment of planning applications the Local Planning Authority (LPA) will have to take into account the likely impact of proposed development on the biodiversity and geodiversity resource amongst other factors. It is therefore essential that developers consider the impact of their proposal on biodiversity and geodiversity. The following sets out general overarching principles that further expand and explain the policy requirements. 4.1 General Principles 4.1.1 The general principles for the consideration of the impact of development proposals on biodiversity / geodiversity are set out below(7). General Principles for Biodiversity and Geodiversity in Planning and Development Anticipate all potential biodiversity impacts of a development proposal as early as possible in the planning process. Protect designated sites, protected species, priority/S7 habitats and species. Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) Ensure development does not lead to net loss of biodiversity. Identify opportunities for a development to contribute towards a net gain for biodiversity and protection of geodiversity. Take account of indirect and cumulative impacts. Recognise the importance of, and protect wildlife corridors and stepping stones. Prevent and aim to reverse habitat fragmentation and species population isolation. 4.1.2 The Royal Town Planning Institute (RTPI) has produced a useful step-wise approach to ensure that there is adequate consideration of biodiversity in the planning process, and this step-wise approach has formed the basis of the LDP strategy and detailed policies. In accordance with LDP policies, developers must demonstrate that due regard has been given to this step-wise approach. 19 7 Refer also to the British Standard. 4 . Policy Requirements upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary Step-Wise Approach Identify and safeguard any existing, or potential, important habitat/species and ecological connectivity. Avoid loss of any existing or potential important habitats or species; or fragmentation of ecological connectivity. Design biodiversity into applications/projects (e.g. landscaping, SUDs, site layout, living roofs and facades etc). Mitigate for any unavoidable harm or loss to important habitat/species or fragmentation of ecological connectivity. Compensate for any unmitigatable habitat/species losses that can be justified. Enhance and increase the biodiversity of the site or off-site, if on-site cannot accommodate such requirements. 4.1.3 Whilst it is important to consider the separate biodiversity and geodiversity features of a development, developers should also consider such issues in a more holistic way in order to capitalise upon the benefits of such features as green infrastructure assets and in order to reconcile any competing issues. 4.1.4 The Council considers the use of a green infrastructure approach as best practice and by ensuring that such green infrastructure assets form an integral part of a development's design and layout, the opportunities and benefits that such assets can bring to a development can be realised. This approach is recommended to be considered whilst reading the remaining sections of this document. 4.1.5 Further guidance setting out how this approach is applied to the various stages of the planning process is set out in Section 5. 20 5 . Policy Implementation 5 Policy Implementation 5.1 Pre-Application Discussion 5.1.1 Applicants are encouraged to partake in early discussions with the Planning Department to discuss which policies are relevant to their proposal. It is important that applicants discuss their proposal with a Planning Officer as early as possible in order that any specific biodiversity / geodiversity issues can be highlighted at this early stage to avoid any delays further into the process(8). 5.1.2 Detailed discussions will focus on all relevant planning obligations and any site specific considerations including the avoidance / mitigation / compensation or enhancement measures the proposal will generate. More specifically, this may include the design of the development; site selection and survey work; where Habitat Regulations Assessment may be required due to the potential for the proposal to significantly affect any European or Internationally designated sites; and in the case of off-site compensation, potential indicative S106 costs can also be provided where relevant. 5.1.3 It should be noted, that normal permitted development rights may not apply to certain developments where biodiversity is an issue(9). Picture 5.1 Summary of the Scope of Pre-Application Discussions Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) 21 8 The procedures for undertaking pre-application discussions applied by the Council can be found on the Council's website. 9 More detail in this respect is provided in the explanation of 'permitted development' in the Glossary (Appendix E). 5 . Policy Implementation upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary Information Requirements 5.1.4 Where biodiversity and/or geodiversity issues are likely, sufficient information should be gathered by developers at the earliest stage possible to inform the planning process and the design, siting and required survey work for the proposal. This includes information concerning the biodiversity / geodiversity (green infrastructure assets) at the proposed site, potential direct and indirect impacts upon on-site and off-site biodiversity / geodiversity (e.g. the effect on wildlife corridors) and the significance of these impacts. 5.1.5 Ensuring such information is adequate is likely to require expert support, particularly where the biodiversity and/or geodiversity value of the site is significant. Expert guidance in relation to biodiversity is available from the Council’s Countryside and Wildlife Team and Natural Resources Wales (NRW). (10) 5.1.6 In instances where a developer does not provide adequate information as part of the submitted application, this may result in delays to the validation process and consequently the eventual determination of the application, especially in cases where further survey data is required that is seasonally constrained. Applications may also be refused on the basis of lack of adequate information. In addition, if protected species are discovered unexpectedly at a later stage where development has commenced, work may need to be suspended while an appropriate licence is sought from NRW or the Welsh Government, and there is no guarantee that such a licence would be granted. 5.1.7 A developer should seek pre-application advice from the Planning Department to establish what information is required to be provided as part of their submission. If surveys are required, advice may be given on the scope of the surveys and their methods, and advice will also be provided as to whether the development would need an Environmental Impact Assessment (EIA) and the scope of the biodiversity / geological work needed for that assessment would be detailed. 5.1.8 An indicative list of information that a developer will be expected to provide as part of a planning application submission is set out below. By seeking pre-application advice, the requirements below will be able to be tailored to ensure that the information is relevant and reasonable for the site and the development proposal. Information Requirements Details of the site’s existing biodiversity and its value(11), including the presence or absence of protected species; priority species or habitats as listed in the LBAP or S7 Environment (Wales) Act or meeting SINC criteria; presence of designated 22 sites on or close to the site; presence of habitats or features that support the biodiversity resource (e.g. by forming linkages including wildlife corridors or stepping stones); presence of important features such as trees, woodland, 10 NRW provide a pre-application service, in relation to biodiversity they may advise particularly on statutory designated sites and protected species. 11 To inform the scope of this assessment useful historic site-specific biodiversity data may be sought from the local records centre (South East Wales Biodiversity Records Centre). 5 . Policy Implementation hedgerows / field boundaries, watercourses or ponds; ecological processes upon which the habitat and species recorded rely upon. Detailed surveys may be required(12). Details of the site's existing geodiversity and its value, including the presence of a Regionally Important Geological Site on or close to the site. Consideration of linkages with habitats outside of the site (including wildlife corridors and stepping stones). Consideration of the services that habitats and features provide and how such services can be retained and wherever possible enhanced (e.g. trees aiding in reducing surface water run-off or air pollution). This should include consideration of the green infrastructure assets on site and how they contribute towards the functioning of the on-site and wider environment(13). Assessment of direct and indirect impacts of the development on the biodiversity / geodiversity found and any proposed protection, enhancement, mitigation or compensation measures. Quantitative assessment of biodiversity net loss or gain per S7/LBAP/SINC Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) habitat and/or species. 5.1.9 Where ecological surveys are required to be undertaken, these should be undertaken by a suitably qualified / experienced ecologist following standard recognised methodologies and timings. The length of time suitable information is likely to take to collect through relevant surveys should be factored fully into the development programme. Developers should follow the guidelines for ecological reports set out in the 'British Standard 42020' and the 'Chartered Institute of Ecology and Environmental Management'. Additional Requirements (where relevant) For certain developments additional processes or assessments may also be applicable and therefore the following may need to be considered(14): Consideration of whether there is a need for the acquisition of licences from Welsh Government or Natural Resources Wales. 23 12 A basic guide to the types of surveys that may be expected for different types of development sites is included in the Council's 'Companion Guide'. 13 This will also aid in the consideration of 'ecosystem resilience' as per the Environment (Wales) Act 2016. 14 A basic guide to the types of surveys that may be expected for different types of development sites is included in the Council's 'Companion Guide'. 5 . Policy Implementation upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary Consideration of whether the development requires Environmental Impact Assessment (EIA). Consideration of whether the development requires a Habitat Regulations Assessment (HRA). Picture 5.2 Kenfig, Port Talbot Habitat Regulations Assessment (HRA) 5.1.10 The LPA, as part of the determination of a planning application, is required to ensure that any decision taken on an application is in accordance with legislative requirements under specific biodiversity related legislation. 5.1.11 To enable the LPA to make an assessment or to demonstrate that the requirements of the legislation have been met, relevant information must be made available by the developer. Where such information is lacking, a precautionary approach is likely to be taken by the LPA. In this respect, it is therefore in the interest of a developer to provide relevant information to inform such assessments and decisions. Specifically in the case of a Habitats Regulations Assessment (HRA), the regulations include provision for requiring detailed information from the applicant. 5.1.12 HRA, under the 'Conservation of Habitats and Species Regulations (2017)' as 24 amended, may be required where a development has potential to significantly affect any European or Internationally designated sites. Specific information relating to potential impacts will be required (e.g. air pollutant deposition concentrations likely to result from a development). If a development is likely to be on or within 500 metres of a European Designated Site, or there is potential for pollutants to reach such a site (e.g. air or water pollution), it is likely that a HRA will be necessary. It is important for pre-application advice to be sought to ensure a full scope of information needed to be provided to inform this assessment is agreed early on in the process. 5 . Policy Implementation 5.1.13 It should be noted that where the outcome of a HRA suggests that an adverse effect upon the European / Internationally designated site(s) may result, the LPA cannot determine the application favourably, with the application being refused or referred to the Welsh Government for determination(15). Ecosystem Resilience 5.1.14 Under the provisions of the Environment (Wales) Act 2016, the Council is required to '...seek to maintain and enhance biodiversity and in so doing promote the resilience of ecosystems' as part of all decisions, including planning decisions. To enable the compliance with this duty the LPA must take account of the resilience of ecosystems, in particular the following aspects: Diversity between and within ecosystems; The connections between and within ecosystems; The scale of ecosystems; The condition of ecosystems (including their structure and functioning); and The adaptability of ecosystems. Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) 25 15 Further advice on HRA is provided in Technical Advice Note (TAN) 5 Nature Conservation and Planning (2009 - Welsh Government). 5 . Policy Implementation upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary Picture 5.3 Hedgerow, Bryncoch 5.1.15 To enable the LPA to meet the requirements of the biodiversity and ecosystem resilience duty, an assessment of the affects of a development upon ecosystem resilience will be required. Where relevant, as part of the information submitted in support of a planning application therefore, developers will be expected to provide suitable information concerning ecosystem resilience (i.e. considering the points referred to above). 5.1.16 It should be noted that it is not considered necessary for such assessments to be considered for all applications, as many developments (particularly householder and smaller developments) are unlikely to have a significant impact upon ecosystems. It is more likely that larger developments or developments in sensitive locations, where biodiversity or geodiversity impacts are already identified as likely to be significant, will require such assessment. It is therefore important for pre-application advice to be sought to establish whether such an assessment will be needed and if so, to ensure the full scope of information needed to be provided to inform this assessment is agreed at the earliest stage. 26 5.1.17 The consideration of ecosystem resilience could be considered through the application of a green infrastructure approach to the development(16). 16 Further guidance on 'Ecosystem Resilience Assessment' is being developed by the Association of Local Government Ecologists and the Chartered Institute of Ecology and Environmental Management. 5 . Policy Implementation Addressing Adverse Impacts 5.1.18 If a site is found to have clear biodiversity and/or geodiversity interest, the developer will be required to include sufficient measures to protect this interest. If the measures are considered to be insufficient, this is likely to have a bearing on the determination of the application. 5.1.19 Once suitable biodiversity / geodiversity information is available for the site, further pre-application advice should be sought in respect of suitable schemes for the protection, mitigation, compensation and enhancement of the interest identified. It may be beneficial for an 'Ecological Constraints and Opportunities Plan' (ECOP), as set out in the British Standard, to be prepared to inform these discussions and subsequent stages of the development design and planning process and can be updated throughout the process. 5.1.20 In designing any development proposal, a key aim should be to avoid harm through protecting important habitats, species and geological features, and to avoid impacts upon these as much as is possible. Specifically developers should: Avoid adverse impacts on statutory and non-statutory designated sites (including SINCs and RIGS) and protected species. Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) Avoid adverse impacts to priority habitats and species identified in the LBAP and under S7 Environment (Wales) Act 2016. Retain existing habitat, species and features of biodiversity or geodiversity conservation significance in the site layout and design of the development. Avoid isolating existing habitats and species within the development by providing links to adjacent habitats (i.e. wildlife corridors). These could include hedgerows, stepping stones or suitable habitats for more mobile species. Carefully design drainage so as not to impact on hydrologically-sensitive habitats, such as wet woodland, bogs and marshy grasslands. Retain and build in key green infrastructure assets into the development design to maintain functionality of the on-site and wider environment green infrastructure. 5.1.21 In instances where the avoidance of harm to biodiversity and/or geodiversity cannot be incorporated into the design of a development, it may be possible to reduce or 27 minimise adverse impacts upon species and habitats and other features to an acceptable level through mitigation measures. These measures should aim to maintain the overall biodiversity / geodiversity value of the site, the particular feature (if relating to SINCs or RIGS) and the wider ecological network of which the site is a part. Mitigation may include(17): 17 Further examples are provided in the Council's 'Companion Guide'. 5 . Policy Implementation upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary Carrying out works at appropriate times of the year to avoid disturbance to species, such as breeding birds. Incorporating buffer zones between sensitive areas and development to reduce encroachment and disturbance to habitats or geological features (e.g. a 7 metre buffer zone is normally applied for watercourses). Designing new infrastructure such as roads, bridges and drainage to allow wildlife movement (e.g. through the provision of wildlife underpasses or ledges) and to ensure the functionality of green infrastructure is maintained. Translocating species from habitats to be destroyed to a suitable receptor site (e.g. moving amphibians from a pond to a similar one nearby). 5.1.22 The adequacy of proposed mitigation measures will be carefully assessed by the LPA and it should be noted that their provision does not in itself mean that planning permission will be granted. The effectiveness and deliverability of any mitigation proposals will need to be adequately demonstrated to ensure that the desired outcomes are achievable. Where HRA is required for proposals with the potential to affect European or Internationally designated sites, additional requirements are imposed by the Habitats Directive and minimising adverse impacts alone may not be sufficient. Picture 5.4 Living Roof (Copyright Chris Jones) 28 5 . Policy Implementation 5.1.23 As a last resort, where loss of biodiversity is unavoidable despite mitigation, compensation for the residual loss will need to be agreed and implemented. Compensation will only be considered for developments that can demonstrate that all avoidance and mitigation measures have been investigated first. 5.1.24 It should be noted that newly created or recreated habitats may not offset the loss of existing habitat, this is based on the fact that artificially created habitat may be of inferior quality to existing habitats as natural species diversity can only by achieved over a considerable period of time. Compensation therefore is unlikely to be able to replicate the quality of the biodiversity interest lost and as such is considered only a last resort and is to be applied only where the development cannot reasonably be located elsewhere and where the benefits of a development are considered significant enough to outweigh the importance of the biodiversity interest. 5.1.25 Consequently, development will not be permitted to proceed, with or without compensation, where such overriding benefit is not justified. This, in particular, will be applied to schemes where SINCs or LBAP/S7 habitats / species are identified on a development site. Compensation may involve: Creating, recreating or restoring habitats on the site or on other areas of land. Locations and extent of such replacement habitat will need to function ecologically Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) (e.g. will be required to be ecologically connected to other similar habitat). Altering the site design to accommodate compensatory features which might include improvements to the conservation value of the site. Volunteering planning obligations to secure such measures. Creating new green infrastructure assets that contribute towards the functionality of the wider green infrastructure of the site and surrounding environment. 29 5 . Policy Implementation upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary Picture 5.5 Prenergy Sand Martin Compensation, Port Talbot Docks (Copyright Barry Stewart) 5.1.26 To assist developers in providing adequate and ecologically functional compensation, a 'Biodiversity Compensation Scheme' for Neath Port Talbot has been developed, with the aim of reducing the burden on developers particularly in relation to the securing of suitable off-site compensation sites and implementation of necessary management works. The scheme also aims to ensure that compensation is focused at providing the greatest biodiversity benefits. Further detail on the Biodiversity Compensation Scheme is provided in Appendix D. 5.1.27 It should be noted however that the loss of certain habitats such as ancient woodland, wet woodland, bog or sand dune cannot be replaced and is therefore impossible to compensate for and as such impacts upon such habitats should be avoided within any 30 development. Enhancement Opportunities 5.1.28 All development proposals, whether or not there is a need to incorporate mitigation or compensation measures, should seek to provide additional benefits or 'enhancement' opportunities for biodiversity and/or geodiversity. Adopting such an approach could provide 5 . Policy Implementation additional benefits, such as reduced visual impact, reduced flood risk and improvements to drainage. In this regard, developers should seek to provide features such as the following(18): Potential New Benefits Areas of new habitat, such as woodland, scrub, grassland or ponds. Incorporation of open space and landscaping so that planting within these areas create wildlife corridors. Nesting or roosting opportunities on new buildings for bats, swallows, swifts, house martin, barn owls or other species. Green / brown roofs and facades to provide additional habitats and bird nesting opportunities, where space is limited. Restoration of mineral and landfill sites to habitats of biodiversity value, such as species-rich grassland, reedbeds or heathland. Sustainable drainage schemes based on reedbeds and ponds so that even the drainage system of a site is of biodiversity value. Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) Trails and interpretation boards or leaflets providing educational information about the biodiversity and geodiversity features. Wind Energy Schemes 5.1.29 Guidance specific to wind energy schemes in respect of the matters for consideration, addressing adverse impacts and enhancement opportunities is presented in Appendix C. 5.2 Planning Application Submission 5.2.1 The planning application submission should reflect the requirements for information as established at the pre-application discussion stage. This will allow the planning process to proceed smoothly and reduces the risk of the need for further information to be provided post-submission(19). 5.2.2 The LPA requires adequate biodiversity and/or geodiversity information to be 31 provided to inform the decision making process, if further information is required this may result in a delay to determination or refusal of the application based on lack of adequate 18 Further examples are provided in the Council's 'Companion Guide'. 19 Advice on completing the biodiversity related questions on the Planning Application Form is included in the Council's 'Companion Guide'. 5 . Policy Implementation upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary information. It should be noted however that as a result of the statutory consultation process with relevant consultees [e.g. Natural Resources Wales (NRW)], further information may be required to be provided. 5.2.3 Furthermore, an 'Ecological Constraints & Opportunities Plan' (ECOP), as set out in the British Standard, may provide a useful visual summary of the ecological information presented in the ecological reports submitted and may assist and speed up the consideration of the information presented. Picture 5.6 River Tawe, Near Ystalyfera 5.2.4 Through ensuring adequate information is provided as part of the submission following detailed pre-application discussion, the requirement to provide further information prior to the commencement of the development (e.g. mitigation schemes), will be minimised. Severe delays in the implementation of a development can occur awaiting the discharge 32 of pre-commencement conditions, and therefore where possible, such information should be provided as part of the submission. 5.2.5 Where significant adverse impacts upon biodiversity or geodiversity remain unavoidable and not considered to be adequately addressed at submission stage, the LPA may consider refusal of the application to be appropriate. The decision however will 5 . Policy Implementation need to consider all other aspects of the development and in particular whether the other benefits associated with the development outweigh the adverse impact on biodiversity or geodiversity. Figure 5.2 Summary of the Submission Requirements Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) 5.3 Decision / Determination 5.3.1 Impacts of development may manifest in a wide variety of ways. For example, a development could result in direct loss of habitats or habitats supporting important species; fragmentation or loss of connectivity between habitats or species populations; alteration of regimes such as hydrology that an ecosystem is reliant upon. The requirement for 33 mitigation and/or compensation for significant impacts will therefore be development and site specific. 5 . Policy Implementation upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary Figure 5.3 Issue of Planning Permission and Implementation 5.3.2 In many cases where planning permission is granted, conditions or planning obligations may be required to address the impact the development would have on biodiversity / geodiversity irrespective of the type or scale of the development. These may be to secure adequate protection, mitigation and compensation measures to make the development acceptable in planning terms, and may also include provision for the maintenance and management of such measures over time as well as monitoring the success of such measures. Failure to comply with the conditions imposed upon a planning permission may result in the development being deemed unlawful, which could in turn run the risk of enforcement action being taken against the landowner/developer. 34 5.3.3 Planning Obligations are legally binding agreements between the developer and the Planning Authority or a unilateral agreement by the developer enforced by the Planning Authority under S106 of the Planning Act 1990, which involve a commitment to address the impacts of a development that will make it acceptable in planning terms, where 5 . Policy Implementation otherwise it might be refused(20). Such obligations will normally be required where off-site compensation provisions are necessary or financial contributions are needed to ensure that there are no detrimental impacts on important biodiversity / geodiversity. 5.3.4 The types of planning conditions that could typically be employed in relation to biodiversity / geodiversity schemes is set out below(21), along with a list of the potentially more flexible mechanism of planning obligations. Conditions - these may help secure biodiversity objectives through a number of mechanisms: Restricting or regulating (e.g. restricting operations to particular seasons to avoid impacts on certain species). Requiring further details or schemes to be submitted for approval [e.g. environmental or ecological management and monitoring plans; landscaping schemes; construction environmental management plans; or biodiversity method statements (where not provided as part of the submission)]. Requiring certain features, or existing habitat, to be retained and conserved within a development. Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) Requiring restoration or aftercare of land (e.g. following mineral extractions or waste disposal sites). Limiting the time duration of all or part of a development. Requiring appropriate management and maintenance for a certain period of time. Requiring monitoring of newly created habitats and the success of mitigation or compensation measures. Requiring the submission / proof of receipt of a protected species licence. Requiring protection buffer zones from existing habitats to be retained (e.g. rivers). Planning Obligations - these are particularly appropriate for providing for: Access to a feature of biodiversity or geodiversity interest. 35 New habitats and even nature reserves or geological reserves. 20 More detailed information on the Council's approach to planning obligations is set out in the Planning Obligations SPG (October 2016). 21 Further examples and details are set out in the British Standard for Biodiversity. 5 . Policy Implementation upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary Monitoring systems and the means of reporting, reviewing and adjusting mitigation, compensation and monitoring measures. Management of a habitat or feature, on or off-site, for a period of time. Financial provisions for establishment or management of a habitat, nature reserve or geological reserve or feature. Information and interpretation material about biodiversity and or geodiversity features present. Creation of new rock or fossil exposures. Habitat or species translocation schemes. Negotiating S106 Contributions 5.3.5 When accounting for the range of planning obligations that may be levied on any given proposal, the Council acknowledges that there may be circumstances where a developer considers that the requirements for mitigation and/or compensation of biodiversity / geodiversity is not viable. 5.3.6 In such instances, the Council will consider, subject to a detailed financial appraisal, reduced contributions, phased payments, or the removal of the requirement to contribute to mitigation and/or compensation. At an early stage in pre-application discussions, developers are encouraged to make themselves familiar with all the planning obligations, including the requirement for mitigation and/or compensation, and to identify any viability issues in the preparation of their application. 5.3.7 It should be noted that any requirement to contribute towards other infrastructure requirements (as outlined within the Council's Planning Obligations SPG) as a result of the development will not negate the need for mitigation and/or compensation. Developers need to consider the costs associated with delivering mitigation and/or compensation requirements and other obligations before entering into land negotiations. 5.4 Monitoring, Management and Review Scheme/Site Monitoring and Management 5.4.1 Implementation of a development scheme will need to fully comply with the 36 conditions and obligations related to the planning consent. In addition, working practices may need to be developed to minimise risks to the biodiversity / geodiversity interest identified. Programmes of works will need to consider seasonality of species for example, or whether an 'Ecological Clerk of Works' may need to be employed to oversee the mitigation works. 5 . Policy Implementation 5.4.2 The 'British Standard' and the 'Construction Industry Research and Information Association' set out guidance for methods and measures of working a development site where biodiversity is present, including suggested contents for 'Construction Environmental Management Plans' and 'Risk Assessments', details on setting out no-go zones, protective fencing and other practical measures. Where the biodiversity / geodiversity on the site is such that appropriate supervision of works is necessary, an Ecological Clerk of Works may be employed(22). 5.4.3 Where measures to protect, mitigate, compensate or enhance biodiversity and/or geodiversity have been set out as part of a planning permission, developers are likely to be required to provide for their monitoring and management during and post-construction to ensure biodiversity / geodiversity objectives are fulfilled. 5.4.4 Monitoring is intended to both check compliance with conditions or planning obligations and to establish whether the measures undertaken are effective and are successfully delivering the intended outcomes. The results of the monitoring will then inform any necessary remedial action to be taken to ensure outcomes are met. The types of biodiversity monitoring and management requirements that developers may have to provide is set out below(23). Monitoring and Management Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) Monitoring and management should be undertaken for as long as possible to ensure the establishment or quality of habitats. Normally a minimum of 5-years would be required for monitoring and management schemes, with monitoring checking for the efficacy of management measures. For schemes involving habitat creation and restoration or generally for all off-site compensation sites however, management and monitoring is normally required for a minimum period of 15 years. (24) An 'Ecological Management and Monitoring Plan' may be required to be provided and this should include: Descriptions of the habitat, species or features to be monitored and managed. Aims of the management. Details of management works to be undertaken over the agreed timescale, including methods and timings. Details of monitoring works, normally including agreement to submit annual reports to the Local Planning Authority, methods, locations and timings. 37 22 The British Standard sets out a useful list of duties for such a post. 23 Further information in respect of the scope of a Monitoring Plan is set out in the British Standard. 24 "For development in the UK, the expectation is that compensation sites will be secured for at least the lifetime of the development (e.g. often 25-30 years) with the objective of Net Gain management continuing in the future". Biodiversity Net Gain. Good practice principles for development. Chartered Institute for Ecology and Environmental Management, Construction Industry Research and Information Association, Institute of Environmental Management and Assessment, 2016 5 . Policy Implementation upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary The contact details of the organisation responsible for the monitoring and management. Proposals for the long term management of the site. Mechanism for monitoring net change in biodiversity / geodiversity and update the losses and gains assessment. Mechanism of plan review and update to ensure remedial action can be taken via an adaptive management regime. 5.4.5 For small scale development it may not be necessary for long term monitoring to be undertaken, rather just confirmation that the necessary avoidance / mitigation / compensation or enhancement measures have been delivered (e.g. the provision of bird or bat boxes). As suggested in the British Standard, a brief statement confirming that the agreed measures have been implemented, and signed by a competent ecologist, may be all that is necessary in such cases to demonstrate compliance with the planning consent. 5.4.6 The results of monitoring will inform the future design of biodiversity / geodiversity measures and acceptability for future development going forward. Monitoring results will also provide the Council with relevant information to inform how the the planning process and LDP is contributing towards the delivery of the statutory duties and commitments set out in Chapter 3. 38 5 . Policy Implementation Picture 5.7 Selar Nature Reserve, Blaengwrach Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) LDP Monitoring and Review 5.4.7 In accordance with the strategy set out in the LDP, the Council will expect that future development will not induce net loss in either quality or quantity of biodiversity and wherever possible will contribute positively to its enhancement, thereby promoting net gain of biodiversity. The implementation of policies will be monitored and reported in the LDP Annual Monitoring Report. 39 5 . Policy Implementation upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary 40 6 . Contact Details 6 Contact Details Development Management [Main point of contact for all planning applications and for pre-application advice] Steve Ball [Development Manager - Planning]: Tel: 01639 686727 Nicola Lake [Team Leader – East]: Tel: 01639 686737 Chris Davies [Team Leader – West]: Tel: 01639 686726 Email: [email protected] Planning Policy [For queries relating to the LDP and Planning Policy] Ceri Morris [Planning Policy Manager]: Tel: 01639 686320 Lana Beynon [Planning Policy Team Leader]: Tel: 01639 686314 Email: [email protected] Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) Countryside & Wildlife [For queries relating to biodiversity requirements] Rebecca Sharp [Ecologist]: Tel: 01639 686149 Email: [email protected] 41 6 . Contact Details upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary 42 Appendix A . SINC Criteria Appendix A SINC Criteria A.0.1 The use of Local Sites as a method of identifying the most important areas of biodiversity resources within a particular administrative area is well established in the UK, including Wales. There is particular reference to such sites in the Environment Strategy for Wales(25), Planning Policy Wales(26) and Technical Advice Note 5 (TAN 5)(27). A.0.2 TAN 5 requires the selection of such sites in Neath Port Talbot to be based upon rigorous criteria, the ‘Wildlife Sites Guidance Wales’(28) produced by the Wales Biodiversity Partnership with some local amendments to reflect the local biodiversity resource. The selection is founded on Wales and Local Biodiversity Action Plan (LBAP) priorities. In addition, other habitats and species not included in the LBAP can also form part of the criteria if they are considered to contribute substantially to the local biodiversity resource (refer to Section 3.2). A.0.3 The 'Neath Port Talbot Nature Partnership'(29) has formed a panel of relevant experts to manage the process of identifying SINCs. The Panel will apply the ‘Wildlife Sites Guidance Wales’ with minor amendments to the criteria to reflect the local context. The amended criteria for selection is provided below. The assessment of all potential sites in Neath Port Talbot will take a number of years to complete due to the requirement to collect detailed information to evaluate sites against the criteria. Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) A.0.4 As a comprehensive assessment would not have been possible in the timescales required for the LDP, to date the assessment has been targeted at areas that have the potential for development (i.e. those sites that are allocated and/or largely within or close to settlement limits). A.0.5 This, together with sites that already had information available that would automatically qualify them as a SINC (e.g. ancient woodlands), provides a reasonable starting point for SINC designation in Neath Port Talbot. The process has also focused on habitat-based SINC identification, as many species would also be associated with such sites, however further species-specific SINCs will also need to be identified at a later date. A.0.6 Work will continue to identify sites and monitor sites following the adoption of the LDP and as such, the current list of sites should not be considered final, as the information represents a snapshot in time. The register of sites will be subject to an annual review and kept up to date by the Council's Countryside and Wildlife Team, with the register being made available to the public through the Local Records Centre(30). A.0.7 Any site that meets the criteria, but is yet to be designated as a SINC, will be considered by the Council in the same way in the planning process as those already identified. 1 25 Environment Strategy for Wales (2006) - Welsh Government. 26 Planning Policy Wales Edition 9 (2016) - Welsh Government. 27 Technical Advice Note (TAN) 5: Nature Conservation and Planning (2009) - Welsh Government. 28 Wildlife Sites Guidance Wales - A Guide to Develop Local Wildlife Sites System in Wales (2008) - Wales Biodiversity Partnership. 29 Previously known as the 'Biodiversity Forum of Neath Port Talbot'. 30 South East Wales Biodiversity Records Centre (SEWBRC). Appendix A . SINC Criteria upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary A.0.8 For those sites already identified as SINCs, a great deal of work to collate existing biodiversity information, along with detailed ecological survey work has been undertaken to enable the assessment of each site against the criteria. A.0.9 Updates to the register will be informed by the annual review process, which may add new sites or remove existing sites if they are considered to no longer meet the assessment criteria. Due to the existing number of SINCs identified and those yet to be considered, a proportion of SINCs only will be monitored each year. Given that it is not considered likely that the data collected for the existing SINCs will alter significantly for the first few years, the initial focus will be on the identification of new SINCs rather than monitoring. A.0.10 A full list and details of each identified SINC is held by the South East Wales Biodiversity Records Centre. SINC Criteria A.0.11 The Wales SINC Criteria are applicable(31). The information below highlights the local amendments to the criteria as agreed by 'Neath Port Talbot Nature Partnership' Panel. NEATH PORT TALBOT COUNTY BOROUGH COUNCIL REVIEW OF GUIDELINES FOR THE SELECTION OF LOCAL SITES IN WALES (2008) A.0.12 The 'Wildlife Sites Guidance Wales - A Guide to Develop Local Wildlife Sites System in Wales (2008)' sets out a common set of detailed guidelines for the selection of biodiversity Local Sites in Wales(32). The guidelines provide a framework within which individual Local Biodiversity Action Plan Partnerships [LBAPs] / Local Planning Authorities are free to refine their own detailed criteria for the selection and designation of Local Sites within their administrative boundaries. The result should be a robust and defensible Wildlife Site system, which is appropriate for application by all of the LBAP areas in Wales, yet flexible enough to allow tailoring to reflect local priorities and circumstances. A.0.13 Accordingly, a SINCs Criteria Review Panel was established (consisting of a species expert for each group such as birds, invertebrates, plants etc.), and reviewed the guidelines to ensure that the criteria were appropriate in the local context. The amendments to the guidelines are set out below. 2 31 Refer to 'Wales Biodiversity Partnership' website for full criteria list [Wildlife Sites Guidance Wales - A Guide to Develop Local Wildlife Sites System in Wales (2008 - Wales Biodiversity Partnership)]. 32 The Guide is based on an amalgamation of the detailed criteria of the three spatially separate systems developed by the North Wales Wildlife Trust, the Powys Wildlife Trust and the Gwent and Wildlife Trust for South and West Wales. Appendix A . SINC Criteria Amendments and Additions Habitats Guidelines A.0.14 No amendments to the habitats selection guidelines. Species Guidelines [S1] MAMMALS [Reviewed by Dan Forman (UWS)] A.0.15 No change to Welsh guidelines. [S2] BIRDS [Reviewed by Heather Coates (GOS)] A.0.16 Spotted Flycatcher - Breeding populations (Table 2) of this species will be considered as designatory (A list) towards site selection to account for its recent significant decline. A.0.17 Meadow Pipit - Breeding populations (Table 2) of this species will be considered as contributory (B list) towards site selection in recognition of it being a significant host species for Common Cuckoo (an A list species) (as it is a significant host for Cuckoo). A.0.18 The Bird criteria are currently undergoing a further review and will be updated Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) in 2018. [S3] REPTILES [Reviewed by Mark Barber (SWWARG)] A.0.19 Adder - To acknowledge the rarity and threatened status of Adders, we will consider the recording of one or more individuals on half or more of the survey occasions to indicate the presence of a 'good population'. [S3] AMPHIBIANS A.0.20 Smooth Newt - In recognition of the scarcity of Smooth Newts in Neath Port Talbot, a 'good' population of this species will be considered after a torchlight count of 25 adults, while an 'exceptional' population will be considered after a count of 50 adults. A.0.21 Common Frog - Clumps of spawn will be considered as an equivalent of the head count of adults for Common Frogs, therefore a 'good' population of this species will be considered after a count of 100 adults or 100 clumps of spawn, while an 'exceptional' population will be considered after a count of 500 adults or 500 clumps of spawn. A.0.22 Great Crested Newt - An LBAP species, and extremely rare within Neath Port Talbot, we will consider a confirmed record of a single individual Great Crested Newt as 3 a 'good' population. [S4] FISH A.0.23 No change to Welsh guidelines. Appendix A . SINC Criteria upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary [S5] INVERTEBRATES [Reviewed by Steve Bolchover] A.0.24 In addition to the criteria set out in the Welsh guidelines, sites which support 5 or more Nationally Scarce species will be considered for selection. LEPIDOPTERA [Reviewed by Russell Hobson (BC)] A.0.25 The Lepidoptera guidelines are now based on Butterfly Conservation’s revised National Action Plan for Wales (1998-2009) and focus on those species with targets as published in support of the Wales Biodiversity Framework. This is available on the WBP and Butterfly Conservation websites. A.0.26 As a result Butterflies of conservation significance in Wales (Table 6a) will be considered as those listed in the UK Red Data Book, or listed on the Section 7 List with the specific requirement for site protection action (in WAG, 2008 or as updated in Wales plans). Any site which supports populations of these species will be considered for selection. A.0.27 Sites supporting Butterflies of medium conservation significance in Wales (Table 6b) will be considered as contributory for selection. [S6] VASCULAR PLANTS [Reviewed by Dr Charles Hipkin] A.0.28 The selection guidance used in the Welsh Guidelines (2008) will be used with the following amendments to the tables listing primary / contributory species: A.0.29 Status Key: NS (Nationally Scarce); NR (Nationally Rare); VU (Vulnerable); EN (Endangered Species); CR (Critically Endangered); LC (Locally Common). Table A.0.1 List of Plants on Section 42 List of Vascular Plants in NPT Species Status Artemesia campestris ssp. maritima Wormwood spp NR/VU Clinopodium acinos Basil thyme ?/VU Dianthus armeria Deptford Pink NS/EN Euphrasia rostkoviana ssp. montana Eyebright spp NS/VU Gymnadenia conopsea Fragrant orchid ?/LC Liparis loeselii Fen orchid NR/CR Matthiola sinuata Sea stock NR/VU 4 Monotropa hypopitys Yellow bird’s-nest NS/EN Salsola kali ssp kali Saltwort spp ?/VU Silene gallica Sandwort spp NS/EN Trollius europaeus Globeflower ?/LC Vicia orobus Wood bitter vetch NS/NT Appendix A . SINC Criteria Table A.0.2 List of Primary Species for Site Designation in NPT Species Status Artemesia campestris ssp maritima Wormwood spp NR/VU Astragalus glycyphyllos Wild liquorice LC Atriplex longipes * Long-stalked Orache NS/LC Baldellia ranunculoides Lesser water plantain NT Butomus umbellatus Flowering rush NT Carex distans Distant sedge LC Carex elata Tufted sedge LC Carex limosa # Bog sedge LC Carex punctata Dotted sedge NS/LC Chrysanthemum segetum * Corn marigold VU Cladium mariscus Great fen sedge LC Climopodium acinos Basil thyme LC Crepis paludosa Marsh hawksbeard LC Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) Cryptogramma crispa Parsley fern LC Dianthus armeria Deptford pink NS/EN/Sch. 8 Dryopteris aemula * Hay-scented buckler fern LC Eleocharis uniglumis Slender spike-rush LC Equisetum hyemale Rough horsetail LC Eriophorum gracile Slender cottongrass NR/NT/Sch. 8 Erodium lebelii Sticky stork’s-bill NS/LC Euphorbia exigua Dwarf spurge NT Euphrasia micrantha Eyebright spp DD Euphrasia rostkoviana ssp montana Eyebright spp NS/VU Festuca altissima Wood fescue NS Filago vulgaris Common cudweed NT Frankaenia laevis Sea heath NS/NT 5 Gymnadenia conopsea * Fragrant orchid LC Hydrocharis morsus-ranae Frogbit VU Hymenopyllum tunbrigense Tunbridge filmy fern LC Hymenophyllum wilsonii Wilson’s filmy fern NT Appendix A . SINC Criteria upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary Species Status Hyoscyamus niger Henbane VU Isoetes echinospora Quillwort spp LC Isoetes lacustris Quillwort spp LC Lepidium latifolium Dittander NS/LC Limonium procerum ssp. procerum Sea-lavender spp - Liparis loesellii Fen orchid NR/EN/Sch. 8 Lobelia dortmanna Water lobelia LC Marrubium vulgare White horehound NS/LC Matthiola sinuata Sea stock NR/VU/Sch. 8 Mecanopsis cambrica Welsh poppy NS/LC Mentha suaveolens Round-leaved mint NS/DD Misopates orontium * Lesser snapdragon VU Myrica gale Bog myrtle LC Monotropa hypopitys ** Yellow bird’s-nest EN/Sch. 8 Myriophyllum verticillatum Whorled water-milfoil LC Parapholis incurva Curved hard grass LC Parentucelia viscosa Yellow bartsia LC Platanthera bifolia Lesser butterfly orchid VU Polygonum oxyspermum Ray’s knotgrass LC Potamogeton perfoliatus Perfoliate pondweed LC Pyrola minor Common wintergreen LC Ranunculus lingua Greater spearwort LC Rosa micrantha Small flowered Sweet briar LC Rubus saxatilis Stone bramble LC Sagittaria sagittifolia Arrowhead LC Salicornia pusilla One-flowered glasswort NS/LC 6 Salsola kali ssp kali Saltwort spp VU Schoenus nigricans * Black bog-rush LC Scirpus holoschoenus Round headed club rush NR/EN Sedum roseum * Roseroot LC Silene gallica Small flowered catchfly NS/EN Appendix A . SINC Criteria Species Status Sparganium angustifolium Floating bur reed LC Sparganium natans Least bur reed LC Stellaria pallida Lesser chickweed LC Thalictrum minus * Lesser meadow-rue LC Thelypteris palustris Marsh fern NS/LC Trichomanes speciosum (gametophyte) Killarney fern NR/LC Trollius europaeus * Globe flower LC Typha angustifolia Lesser bulrush LC Utricularia australis Bladderwort LC Vaccinium vitis-idaea * Cowberry LC Verbascum nigrum * Black mullein LC Verbascum virgatum Twiggy mullein LC Vicia orobus Wood bitter vetch NS/NT Viola canina Heath dog-violet NT Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) Viola tricolor Wild pansy NT * No recent records from known sites / ** One of the largest populations in Wales of this schedule 8 species, formally at Crymlyn Burrows Amazon site, rendered extinct; other populations in vicinity may survive / # Needs confirming for Neath Port Talbot Table A.0.3 List of Contributory Species for Site Designation in NPT Species Status Agrimonia procera Fragrant agrimony LC Anacamptis pyramidalis Pyramidal orchid LC Apium inindatum Lesser marshwort LC Arenaria serpyllifolia ssp. leptoclados Thyme-leaved sandwort LC Atriplex glabriuscula Babington’s orache LC Atriplex laciniata Frosted orache LC Atriplex littoralis Grass-leaved orache LC 7 Ballota nigra Black horehound LC Bidens cernua Nodding bur reed LC Cakile maritima Sea rocket LC Callitriche platycarpa Various-leaved water starwort LC Appendix A . SINC Criteria upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary Species Status Calystegia soldanella Sea bindweed LC Carex disticha Brown sedge LC Carex extensa Long-bracted sedge LC Carex montana Soft-leaved sedge NS/LC Carex vesicaria Bladder sedge LC Ceratophyllum demersum Rigid hornwort LC Cystopteris fragilis Brittle bladder fern LC Dactylorhiza incarnata Early marsh orchid LC Echium vulgare Viper’s bugloss LC Eleocharis multicaulis Many-stalked spike-rush LC Eleogiton fluitans Floating club-rush LC Elytrigia juncea Sand couch LC Epipactis palustris Marsh helleborine LC Eryngium maritimum Sea-holly LC Euphorbia paralias Sea spurge LC Filago minima Small cudweed LC Frangula alnus Alder buckthorn LC Geranium pratense Meadow crane’s-bill LC Geranium rotundifolium Round-leaved crane’s-bill LC Gymnocarpium dryopteris Oak fern LC Hippuris vulgaris Mare’s-tail LC Honkenya peploides Sea sandwort LC Inula crithmoides Golden samphire NS/LC Isolepis cernua Slender club rush LC Juncus acutus Sharp rush LC Juncus subnodulosus Blunt flowered rush LC 8 Lamium hybridum Cut-leaved dead-nettle LC Lathraea squamaria Toothwort LC Lathyrus sylvestris Narrow-leaved everlasting-pea LC Lathyrus nissolia Grass vetchling LC Lemna trisulca Ivy-leaved duckweed LC Appendix A . SINC Criteria Species Status Leymus arenarius Lyme-grass LC Limonium vulgare Common sea-lavender LC Linum bienne Pale flax LC Malva neglecta * Dwarf mallow LC Medicago arabica Spotted medick LC Mercurialis annua Annual mercury LC Myosotis ramosissima Changing forget-me-not LC Myriophylum spicatum Spiked water-milfoil LC Nuphar lutea Yellow water-lily LC Nymphaea alba White water-lily LC Oenanthe lachenalii Parsley water-dropwort LC Ophrys apifera Bee orchid LC Orobanche minor Carrot broomrape LC Osmunda regalis Royal fern LC Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) Papaver dubium ssp lecoqii Long-headed poppy LC Parapholis strigosa Hard-grass LC Phegopteris connectilis Beech fern LC Phleum arenarium Sand cat’s-tail LC Picris hieracioides Hawkweed oxtongue LC Pinguicula vulgaris Butterwort LC Plantago media Hoary plantain LC Potamogeton pectinatus Fennel pondweed LC Prunus padus Bird cherry LC Puccinellia distans Reflexed saltmarsh-grass LC Ranunculus penicillatus ssp. pseudofluitans LC Reseda lutea Wild mignonette LC Rhamnus catharticus Buckthorn LC 9 Rubia peregrina Madder LC Rumex hydrolapathum Water dock LC Sagina maritima Sea pearlwort LC Sagina nodosa Knotted pearlwort LC Appendix A . SINC Criteria upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary Species Status Salicornia dolichostachya Long-spiked glasswort LC Salicornia ramosissima Purple glasswort LC Samolus valerandi Brookweed LC Scnoenoplectus tabernaemontani Grey club-rush LC Scirpus sylvaticus Wood club-rush LC Seriphidium maritimum Sea wormwood LC Sorbus torminalis Wild service LC Sparganium emersum Unbranched bur-reed LC Spergularia marina Lesser sea-spurry LC Spergularia media Greater sea-spurry LC Trifolium fragiferum Strawberry clover LC Trifolium scabrum Rough clover LC Valerianella carinata Keel-fruited corn-salad LC Veronica agrestis Green field-speedwell LC Veronica catenata Pink water speedwell LC Viola tricolor ssp. curtisii Wild pansy LC Vulpia fasciculata Dune fescue NS/LC [S8] BRYOPHYTES A.0.30 No change to Welsh guidelines. [S9] FUNGI A.0.31 No change Welsh guidelines. [S10] CHAROPHYTES A.0.32 No change to Welsh guidelines. 10 Appendix B . RIGS Appendix B RIGS Aberdulais Falls Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) 1:1,250 Site Name: Aberdulais Falls RIGS Number: 583 Grid Reference: SS 7710 9950 RIGS Category: Educational, Historical Earth Science Category: Stratigraphic, Sedimentological, Historical Site Nature: River and falls OS 1:50,000 Sheet: 170 OS 1:25,000 Sheet: 165 BGS 1:50,000 Sheet: E247R RIGS Statement of Interest: The waterfalls and crags in this National Trust visitor attraction provide access to some impressive Brithdir age Pennant Sandstones. The site has its own small museum / education centre and provides excellent, very easy access to a geologically and historically interesting site. Ideal for school groups. 11 Appendix B . RIGS upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary Geological Setting / Context B.0.1 This site is owned and managed by the National Trust, telling the story of 'the power of water and its impact on industry'(33). At Aberdulais, the narrow gorge has provided water power for working copper, flour, wool and tin over the centuries and now generates electricity, making the site self sufficient in energy utilising the waterwheel which is the largest in Europe for that purpose. B.0.2 The site has good exposures of Brithdir age Pennant Sandstone. Brithdir Beds are typically 'green-grey lithic arenites with conglomeratic lenses at the base of units. The sandstones are interbedded with thin mudstones or siltstones and seat earths and thin coals'. The site displays good examples of massively bedded sandstones and tabular cross beds which have plant debris. B.0.3 The joints are significant here partly in that they allowed the rock to be easily excavated along the gorge and other parts of the site and partly because they now afford stable, clean surfaces which facilitate safe access. B.0.4 The rock faces are now overgrown and it should be borne in mind that this was a site of heavy industry with little or no vegetation at that time. B.0.5 The site is especially important because it provides very safe access to some interesting geological features which are of basic geological educational use with the benefit of café and toilet facilities on site. Melincourt Brook 12 1:10,000 33 www.nationaltrust.org.uk/main/w-aberdulaisfalls Appendix B . RIGS Site Name: Meilncourt Brook RIGS Number: 590 Grid Reference: SS 8220 0190 RIGS Category: Scientific, Educational, Aesthetic, Historical Earth Science Category: Historical, Industrial, Stratigraphic Site Nature: River section and waterfall OS 1:50,000 Sheet: 170 OS 1:25,000 Sheet: 165 BGS 1:50,000 Sheet: 231/248 RIGS Statement of Interest: Part of the site is very easily accessible with well maintained footpaths, leading to a spectacular waterfall, graphically illustrating how they are formed by erosion of softer sediments and toppling of harder, overlying beds. The site provides a section through Rhondda and Brithdir Beds of the Pennant Sandstone and coals, constituting one of the most continuous sections in the Brithdir Beds. Also included in the site is a disused ironworks and tips associated with coal working, which is of historical and industrial interest. Geological Setting / Context B.0.6 Melincourt covers approx 3km of intermittent exposure through the Pennant Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) Formation in a stream section where the Upper Rhondda and the Brithdir Beds can be examined. Rhondda No.1, Thin Coal of the Brithdir, Graig, Brithdir Rider, Glyngwilym, Wenal and the Wenallt Rider coal seams are all predicted to outcrop here although many are hard to find without clearing the sections. Some are apparent by areas of workings. B.0.7 Exposure begins just at the base of the footpath where it meets the B4434, here several metres of silt and mudstone can be found. The mudstones and finely bedded silts soon give way to fining upwards sandstone formations. These massively bedded formations have been deeply eroded, probably along joint-sets, by the river to produce a deep narrow gorge, several small cascades and waterfalls. The sands frequently become fine and occasionally silty, however in general they exhibit much more regular grain size distribution than the lower and middle Rhondda successions. The first of the significant coals in the section unfortunately is not currently visible. Found at the base of the large waterfall, the Brithdir coal is concealed by scree, large boulders and a significant depth of water in the plunge pool at its base. On the northern bank just below the plunge pool, the Brithdir coal's rootlet bedded seatearth can be found, unfortunately the seatearth and coal are covered at footpath level by scree and vegetation on the southern bank. B.0.8 The waterfall cascades over massive Pennant sandstones with softer shales layers at its base. Erosion on this shale undercuts the sandstones, causing it to collapse 13 and the waterfall to appear to migrate upstream. B.0.9 Another thin coal, about 10cm thick, is found about a third of the way up the waterfall, its position marked by a narrow ledge. This section is within the Melincourt RIGS boundary 1. Appendix B . RIGS upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary B.0.10 Intermittent exposure of sandstone occurs directly above the waterfall and although unseen in section the position of the Graig seam is clearly marked by several adits to either side of the river. The non-exposed beds are likely to comprise less resistant thin interbedded mudstones, which give rise to the more open landscape in this area. The Graig coal is known to have a section at this locality of 18-24 inches and spoil is known to yield Anthraconauta tenuis and A. Phillipsii and ostracods (BGS Memoir, Pontypridd). B.0.11 Above this level intermittent exposure of cross-bedded sandstones continues for 40-50 metres vertically in stream and bankside exposure. Access to this section of stratigraphy is best achieved by descending the wooded river bank from the farmers fields above. Crossing the stream to the northerly bank facilitates investigation of the sandstones and Brithdir Rider Coal. The position of the coal is only indicated by a deposit of dark shale at the base of a sandstone wall. Digging away this material reveals a substantial overhang and recessed exposure of the coal itself. The exposure only extends for a short period, halted by a significant number of fallen blocks of Pennant sandstone. A certain thickness of mudstone is known to exist below the Brithdir Rider and can be estimated from limited exposure to be greater than 4 metres thick. This mudstone was identified slightly downstream in a steep boulder-strewn tributary on the north bank (Grid Ref: SN 830 014). B.0.12 The section upstream continues with cascades and bouldery sections, the weathered Pennant sandstone crags found along the riverbank show beautiful defined crossbed foresets and erosional bedforms. Workings along the riverbank suggest the presence of thin coals, although no significant exposure was identified. The Glyngwilym Seam, which takes its name from the farm (Grid Ref: SN 8300 0117) half a kilometre to the south west of Melincourt is found further upstream below a prominent sandstone cascade. Its 'crop' can be traced across the hillside to the west of the stream, marked predominantly by spoil and old adits. The succession directly above the Glyngwilym seam is known from collieries in the area to be almost entirely composed of argillaceous, silty mudstones and while there is little outcrop evidence, the valley becomes more open and Melincourt Brook flows across open upland peat morrland. B.0.13 The iron works and blast furnace, whose remains are still visible at the site were built in the 17th Century, with the works opening in 1708 and converted from charcoal to coke in 1795. It produced pig iron which was taken to Dylais Forge at Aberdulais for conversion to wrought iron. The Melincourt blast furnace was powered by an overshot waterwheel, fed by a leat from the waterfalls above. The works finally ceased in 1808. The site was known to have had an air furnace, a finery, foundry and ancillary buildings. This section, above the waterfalls is within the Melincourt Brook RIGS boundary 2. B.0.14 Melincourt Brook RIGS boundary 3 is south east of the RIGS area 2 and encompasses an area of colliery tips, levels and trials associated with the Cefn Mawr 14 Colliery (Grid Ref: SS 842 999) and Blaen y Cwm Colliery (Grid Ref: SS 846 997). Both worked the Wenallt Rider coal seam. Blaen y Cwm Colliery was serviced by a tramway which linked the Clyn Tramroad and eventually the Neath Canal. Appendix C . Specific Guidance on Wind Energy Schemes Appendix C Specific Guidance on Wind Energy Schemes C.0.1 Wind energy development schemes have specific requirements that are not necessary for other projects. Given the nature, scale and upland location of such development, proposals can encounter habitat and species that are not often considered in other types of scheme. In addition, the underlying and supporting processes reliant upon geodiversity, soils and hydrology are also important considerations for such schemes. C.0.2 The following guidance should be read in conjunction with Section 5.1. The below sets out specific additional requirements or issues to those already covered in that section. Information Requirements C.0.3 The following sets out additional wind energy specific issues or information requirements: Specific Information Requirements An Environmental Impact Assessment (EIA) and Ecosystem Resilience Assessment (ERA) are often needed, particularly those schemes with a large number of turbines. Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) Breeding, wintering and migratory bird surveys including assessment of collision risk. This should particularly include surveys for raptor species and Nightjar. Specific Schedule 1 raptors such as Honey Buzzard have specific methodology requirements that should be agreed prior to the start of any survey work. Peatland surveys, including hydrological functioning. Bat roosting and activity surveys including surveys at height and assessment of collision risk. Surveys for rare plant and moss species, particularly along forestry track edges. C.0.4 It is important that a developer seek pre-application advice from the Council at the earliest stage to establish what information is required to be provided as part of the planning submission. Notably, the required surveys are likely to take a minimum of a year or two to complete. 15 Appendix C . Specific Guidance on Wind Energy Schemes upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary Picture C.1 Wind Turbines at Pen y Cymoedd Wind Farm Addressing Adverse Impacts C.0.5 Due to the location and size of wind related schemes, it is likely that proposed sites will have significant biodiversity and/or geodiversity interest, consequently the submitted application should include sufficient measures to protect this interest. Due to the likely complexities of the biodiversity / geodiversity issues on site, it is recommended that the opportunity to regularly engage with the Council's Countryside and Wildlife Team via the pre-application advice service is sought in relation to the development of suitable schemes for the protection, mitigation, compensation and enhancement of the interest identified. C.0.6 Specific avoidance measures that could be applied to wind energy developments could include: 16 Refining the locations of turbines, associated infrastructure and tracks away from sensitive habitats, habitats supporting sensitive species and peat resources. Appendix C . Specific Guidance on Wind Energy Schemes Refining the locations of turbines, associated infrastructure and tracks taking consideration of hydrological impacts, ensuring key hydrological links are maintained and peatland functionality conserved. Refining the locations of turbines, associated infrastructure and tracks away from areas of significant bird or bat activity, particularly from nesting or roosting locations and locations where collision risk would be increased due to topography or other geographical / ecological issues. C.0.7 Specific mitigation measures that could be applied to wind energy development could include: Construction Method Statements (CMSs) - as part of the the detailed design process, within a CMS the infrastructure can be designed and construction implemented in ways to minimise impacts (e.g. through designing floating tracks over peat bog; incorporating diffuse drainage measures to maintain hydrological connections; incorporation of wildlife crossing points). Construction Environmental Management Plans (CEMPs) - these can set out Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) specific measures to conserve biodiversity and geodiversity features (e.g. through undertaking pre-commencement checks for species; translocating species; setting out requirements for pollution prevention; setting works programme to take into account seasonal ecological requirements; detailing encroachment prevention measures such as fencing). Cut in speeds - where impacts upon species such as bats are anticipated, the wind speed at which the turbine blades rotate can be altered to minimise collision risk (e.g. at lower wind speeds). Micro-siting - turbines and associated infrastructure and tracks can be micro-sited to avoid sensitive habitats, habitats supporting sensitive species or geological features. Maintaining the area around the turbines to discourage target species use. Operational Timing - where impacts upon species such as bats are anticipated, turbines may be switched off and/or no rotation permitted during certain time periods at night and within a particular season, thereby reducing collisions at higher risk periods. 17 C.0.8 Last resort compensation measures that could be applied to wind energy development may include: Appendix C . Specific Guidance on Wind Energy Schemes upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary Creating and managing suitable habitat for target species (e.g. Nightjar and Honey Buzzard). Creating, recreating or restoring habitats, particularly upland habitats such as peat bog and heathland on the site or on other areas of land. Locations and extent of such replacement habitat will need to function ecologically and hydrologically (i.e. will be required to be ecologically connected to other similar habitat and functional hydrological regimes restored). Altering the site design to accommodate compensatory features which might include improvements to the conservation value of the site. Providing long-term management measures for habitats to ensure their value is retained and sustained over the long-term. Volunteering planning obligations to secure such measures. Formulation of a steering committee of relevant organisations (e.g. the Council, NRW, nature conservation bodies such as the 'Royal Society for the Protection of Birds' or 'Wildlife Trust') to advise on and oversee the delivery of the compensation and mitigation on the site. 18 Appendix C . Specific Guidance on Wind Energy Schemes Picture C.2 Nightjar at Pen y Cymoedd Wind Farm (Copyright Dan Carrington Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) C.0.9 Given the scale of wind related schemes, it is unlikely that the Council's 'Biodiversity Compensation Scheme' will be feasible for such developments. Developers are however able to negotiate with landowners in order to identify / provide potential compensation areas, and it is considered that this will continue to be the most likely mechanism for compensation delivery for this type of development. Enhancement Opportunities C.0.10 Wind energy developments could provide any of the following enhancement features(34): Potential New Benefits Areas of new habitat, such as woodland, heathland, grassland or ponds. 19 Nesting, roosting and foraging opportunities for bats and birds at locations that do not increase risk of casualty. 34 Further examples may be gained from the Council's 'Companion Guide' which provides examples of different types of schemes and how they may incorporate biodiversity considerations. Appendix C . Specific Guidance on Wind Energy Schemes upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary Restoration of land to habitats of biodiversity value, such as species-rich grassland, woodland or heathland. Sustainable drainage schemes or natural solution based drainage (e.g. ponds, wetlands, allowing overland flow during high rainfall events). This will allow the drainage system of a site to be of biodiversity value. Creating and managing suitable habitat for target species (e.g. Nightjar and Honey Buzzard). Providing long-term management measures for habitats to ensure their value is retained and sustained over the long-term. Trails and interpretation boards or leaflets providing educational information about the biodiversity and geodiversity features. 20 Appendix D . Compensation Scheme Appendix D Compensation Scheme D.0.1 The requirement for biodiversity compensation is set out in Policy EN6 (Important Biodiversity and Geodiversity Sites). Whilst in many cases, developers will be able to address the biodiversity (including legislative) requirements on-site, in certain circumstances, there may not be enough land available to enable the biodiversity interest to be maintained and enhanced on-site. D.0.2 In these cases, off-site compensation for biodiversity losses are needed to ensure the policy requirements and the necessary legislative duties are met. Unfortunately, the need for compensation sites is continually increasing and more recently, finding and agreeing such provisions has become more of a challenge. Furthermore, the known biodiversity value that exists on a number of LDP allocated sites would suggest that this issue is likely to be an ongoing consideration moving forward. D.0.3 The Council recognises that it can be difficult for some developers to find additional land to utilise as off-site compensation, and as a consequence developers often request that the Council identify and facilitate this. Furthermore, experience has shown that many developers would rather pay a sum of money for the problem to be addressed and the ability to proceed with their development without the burden of delivering such compensation themselves. To date the approach taken to compensation has been ad hoc and very slow to negotiate. Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) The Way Forward D.0.4 The Council has recently commissioned 'David Clements Ecology Ltd' to undertake research to establish the various processes already in existence in England and to investigate possible funding mechanisms. This research has informed the development of the 'Biodiversity Compensation Scheme' set out below. D.0.5 The scheme aims to identify and deliver biodiversity compensation in the most practicable way, whilst at the same time reducing the burden on developers and investors in Neath Port Talbot, thereby ensuring the Council is able to meet its legislative duties. The scheme sets out the steps that the Council can take to provide a workable compensation service. D.0.6 Whilst some developers may be able to take on responsibilities for finding sites and delivering biodiversity management works, others may not wish to take this forward. In addition, where developers have undertaken works in the past, there have been issues of enforcing delivery over the length of time necessary for biodiversity works to deliver, companies go bust, merge and land changes ownership, making it difficult to track down a route of enforcement and thus making it difficult to ensure the required biodiversity 21 outcome is realised. D.0.7 In order to address such issues and to deliver the best outcome possible for biodiversity, the Council will seek to facilitate and deliver a 'Biodiversity Compensation Service'. This approach will not only be intended to be beneficial for those developers wishing to utilise the service, but it will also provide a more robust and transparent delivery Appendix D . Compensation Scheme upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary mechanism to guarantee biodiversity outcomes. It is not the intention of the Council to make the use of this service mandatory, but the Council does wish to encourage the use of the service via negotiation during the planning process. Biodiversity Compensation Process [Note: whilst the process set out below specifically considers habitat compensation, this will equally be required for the translocation or compensation for species impacts]. Step 1 - Habitat Banking D.0.8 To enable development and reduce delays, the process aims to bank ('habitat banking') a number of sites in readiness to deliver necessary compensation works. This will reduce significant delays currently experienced whilst a compensation site is being identified / located. D.0.9 Sites will be identified; their biodiversity assessed to ensure the sites do not already have significant interest (e.g. existing LBAP/S7/SINC habitats or species; nature conservation designation) and an Environmental Management Plan (EMP) prepared detailing proposed biodiversity management works that could be undertaken to improve the biodiversity value on the site. These works will be costed, with the survey work and preparation of the EMP being undertaken by the Council's Ecologists(35). D.0.10 A number of issues were identified in the research that suggests that working with private landowners may be problematic (e.g. length of legal agreements needed, conflicts with farming subsidies). Initially therefore, the focus of the habitat bank will be publicly owned land, particularly land that is in Council ownership. In addition, land purchase will also be considered where a landowner would prefer not be tied into a lengthy legal agreement and to ensure enough sites of differing habitat / habitat potential types are banked ready. Step 2 - Development D.0.11 As part of the planning submission, the exact type and extent of the residual habitat / biodiversity loss, after all mitigation measures are applied, will be detailed by the developer. Potential compensation for such a loss will be agreed with the Council's planning officers and ecologists. D.0.12 The extent of habitat compensation required will be negotiated, with the exact quantity being dependent upon the nature of the compensation agreed, although as a minimum this must exceed that being lost. The exact extent deemed appropriate will also take account of the requirements for enhancement and the length of time for new habitats 22 to develop to replace the quality of that lost (tens or even hundreds of years in some cases). The relevant multipliers required to address this time-lag will be habitat specific(36). 35 A number of pilot sites have already been identified and surveyed with EMPs produced as part of a feasibility study undertaken by David Clements Ecology. 36 Further detail on the issue of time-lags and multipliers is set out in 'Biodiversity Offsetting Pilots Technical Paper: The Metric for the Biodiversity Offsetting Pilot in England (DEFRA - March 2012). Appendix D . Compensation Scheme D.0.13 For small losses where compensation habitat creation would have limited biodiversity value or ecological functioning, a financial contribution may be used to maintain and improve existing biodiversity value on a site. Such cases will be considered on a individual basis and will only apply to sites that will result in a loss of less than 0.5 hectares of habitat. Step 3 - Compensation Site Selection D.0.14 The Council's ecologists will seek to match the developer to a suitable compensation site from the Neath Port Talbot habitat bank based on the type of habitat and extent being lost from the development site, and the developer may be matched to one or more management aims within an EMP for that biodiversity compensation site. Like for like habitat type compensation is however not always possible, and in cases where direct habitat type compensation cannot be achieved, the 'Habitat Compensation Hierarchy' will be used to establish a suitable alternative. Figure D.1 Habitat Compensation Hierarchy Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) 23 Appendix D . Compensation Scheme upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary D.0.15 The 'Habitat Compensation Hierarchy' set out above is designed to help justify and establish which habitat type should be used as compensation if direct like for like habitat compensation is not possible. Whilst this may mean an overall loss of a specific habitat type (which will need to be reported), there will be a gain in another habitat type thereby ensuring that overall the biodiversity of the County Borough is accounted for, and in the long run a variety of sites delivering different biodiversity improvements will aim to balance out such individual site habitat losses. D.0.16 This will however need to be carefully monitored. If a single habitat type is continually being lost due to this site selection process, the process will need to be reviewed. It may be the case that such habitat is included in the list of habitats considered irreplaceable and thereby development should be discouraged from such sites where such habitat could be lost. Step 4 - Legal Agreement D.0.17 Only once a compensation site and habitat type has been agreed can the details of a S106 be negotiated. A financial contribution will be secured for the agreed biodiversity management works as set out in the EMP for the site for a minimum of 15 years (37); a land fee (i.e. a charge for the use of the site to ensure no net loss of income to the landowner is experienced); and project management costs. Once the S106 and all other matters relevant to the application are agreed, planning permission may be granted with the S106 agreement being a condition of any planning consent granted. D.0.18 More than one development may contribute towards a single compensation site where the impacts from a single development would not be commensurate with the size of the compensation site identified. As biodiversity compensation is not classed as infrastructure, pooling any number of S106 agreements in this way would be acceptable. Step 5 - Delivery D.0.19 Once the S106 becomes active (normally on development commencement), the funds will be released and biodiversity management works can be delivered on-site under the project management of the Council's Countryside and Wildlife Team. D.0.20 Where works are undertaken by the developer or by another external party, arrangements for the appropriate enforcement of the delivery of the S106 will be undertaken by the Planning Department as necessary. 24 37 "Biodiversity compensation should be planned for a sustained Net Gain over the longest possible timeframe. For development in the UK, the expectation is that compensation sites will be secured for at least the lifetime of the development (e.g. often 25-30 years) with the objective of Net Gain management continuing in the future". (Biodiversity Net Gain. Good practice principles for development. CIEEM, CIRIA, IEMA, 2016. Appendix D . Compensation Scheme Figure D.2 Biodiversity Compensation Process Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) 25 Appendix D . Compensation Scheme upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary 26 Appendix E . Glossary Appendix E Glossary Table E.0.1 Glossary of Terms Ancient Woodland Woodland that has either: 1. been assessed and listed in the Ancient Woodland Inventory for Wales as being in continual existence on a site since 1600 and greater than 5ha in size. 2. supports ancient woodland indicator species such as Bluebell. These species are slow to colonise surrounding areas and therefore may remain on a site of woodland which may have since been cleared. Many Ancient woodland sites in Neath Port Talbot have been overplanted by coniferous plantation however there are still semi-natural and replanted examples. The Ancient woodland inventory can be obtained from the Natural Resources Wales. Appropriate Where a development is likely to have a significant impact upon a Natura 2000 Site (Ramsar Assessment Site, SAC or SPA), an appropriate assessment will be required under Conservation of Habitats and Species Regulations 2017. Full details of a development must be provided by the applicant to the planning authority in order for the authority to carry out an appropriate assessment. An ecological report should be submitted as part of the application. Planning permission will only be granted if the appropriate assessment clearly demonstrates that the development will not adversely effect the integrity of the Natura 2000 site, in isolation, or in combination with other effects. In cases where the integrity of the site may be affected, but there are imperative reasons of over-riding public interest, permission may only be granted to proceed following permission from the Welsh Assembly Government (for devolved matters) or the UK Secretary of State (for non-devolved matters). If there is any likelihood of an AA being required, prospective applicants are advised to contact the local planning authority as early as possible to discuss the issues. Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) Brown Roofs Roofs that have been designed to mitigate for the loss of brownfield (previously developed land) that supports species such as ground nesting birds an invertebrates. A substrate of varying size from crushed aggregates, through to pebbles and small boulders laid over a waterproof membrane and allowed to colonise naturally with a sparse covering of vegetation or sedum. Conservation (in Actions taken to ensure the continued existence of species populations and their habitats; relation to biodiversity) this includes restoration and enhancement measures. Cumulative Impacts Impacts resulting from the combined effects of more than one development. Ecosystem Resilience The resilience of ecosystems is a term to encompass the ability of our ecosystems (including habitats, species, air, water, soils and ecological processes ) to continue to function and provide the services upon which we rely. In considering ecosystem resilience the following must be considered: Diversity between and within ecosystems; Connections between and within ecosystems; Scale of ecosystems; Condition of ecosystems (including their structure and functioning); and Adaptability of ecosystems. Environmental Impact Under the Town and Country Planning (Environmental Impact Assessment) (Wales) Assessment (EIA) Regulations 2017, certain proposed developments require particular assessment to identify their likely effects (positive and negative) on the environment. EIA is required for all projects listed under Schedule 1 of the Regulations whilst those listed under Schedule 2 need to be ‘screened’ to establish whether they require EIA according to particular thresholds or locations. If developers are unsure about whether a development will require an EIA they should seek a ‘screening opinion’ from the planning authority. Fauna and Flora Animals and plants. 27 Fen A type of wetland habitat normally found in an area of peat with an input of water from groundwater or streams. This habitat supports many plant and animal species not found in other habitats, such as sedges and sphagnum mosses. Genetic Exchange The exchange in genetic information between populations as part of the breeding process. This exchange ensures that species are able to evolve and adapt to prevailing conditions through the introduction of new genetic information into the gene pool (total amount of genetic Appendix E . Glossary upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary material in a breeding population). Where genetic exchange is prevented due to population isolation inbreeding may occur and a population may die out due to their inability to adapt and mutations that occur from inbreeding. Green Roofs Roofs intentionally designed to enable vegetation to grow on them. They may be of an intensive form akin to ground-level gardens, or extensive self-sustaining forms based on a thin layer of soil-type matter. Green Infrastructure The Landscape Institute defines green infrastructure as 'the network of natural and semi-natural features, green spaces, rivers and lakes that intersperse and connect villages, towns and cities. It is a natural, service-providing infrastructure that is often more cost-effective, more resilient and more capable of meeting social, environmental and economic objectives than ‘grey’ infrastructure' (Landscape Institute, Green Infrastructure. An Integrated Approach to Land Use. Position Statement, 2013). Habitat A place in which a population of a species lives, a term used also to refer to assemblages of plants and animals such as woodland, grassland. Habitat Fragmentation The process by which habitats become broken up into smaller parts and isolated through development or inappropriate management. Impacts The effect and implications of a development. Indirect Impacts Impact of a development that occur as a result of a direct impact as a knock-on effect or due to interactions between impacts. Indirect impacts may be delayed or off-site. Invasive Species Non-native species that have become a particular problem through their tendency to proliferate and threaten native species. They include Japanese Knotweed, Rhododendron and Himalayan Balsam. A full list of invasive non-native species is available under S9 of the Wildlife and Countryside Act 1981 as amended. Licensing Works that would result in the disturbance or injury of a protected species require a license from the relevant responsible body. In respect to European Protected Species such as bats and otters, this is Natural Resources Wales. For badgers this is Welsh Government. Local Biodiversity LBAPs are the mechanism for the local delivery of the targets set out in the UK Biodiversity Action Plans (LBAPs) Action Plan and the Wales Nature Recovery Plan. Each LBAP identifies local priorities for the conservation of species and habitats. LBAPs have been developed throughout Britain by partnerships of local stakeholders. Each LBAP reflects the priorities of the National Plans, covering priority habitats and species that are at risk or whose status are uncertain, as well as more widespread habitats and local species. Material Consideration Key topic that the Local Planning Authority has to take into account whilst making the decision as to whether to grant permission. Native Species Species that occur naturally within an area rather than having been introduced intentionally or unintentionally by humans. Natural Feature A feature that supports nature; this could be through providing shelter, food, breeding locations for wildlife species; or could provide ecological connections to facilitate movement; or could provide ecological services. Such features may include man-made features as well as naturally occurring features. Permitted Certain developments that do not require planning permission. However, a full planning 28 Development application is required for developments that require an environmental assessment under the EIA Regulations, even those that would normally be permitted under the Development Order. In addition the Conservation of Habitats and Species Regulations 2017 restrict permitted development that have a significant effect on a European Site – SPA or SAC, or European Protected Species. Planning permission is also required for the following permitted developments within SSSIs: temporary land use for war games, motor sports and clay pigeon shooting. Appendix E . Glossary Planning Obligations These are agreements between the developer and the Planning Authority or a unilateral (or Section 106 agreement by the developer enforced by the Planning Authority under s106 of the Planning Agreements) Act 1990. They involve a commitment to provide something that will make the application acceptable in planning terms, where otherwise it might be refused. Protected Species Plant and animal species listed in and protected by national wildlife legislation. Priority Species and Species and habitats identified as particularly at risk and in need of priority action under the Habitats UK Biodiversity Action Plan, as reflected in local biodiversity action plans and S7 of the Environment (Wales) Act 2016. Residual Impacts Impacts from a development which are not dealt with by prevention, mitigation or compensation measures. Seasonally The limitation imposed on species surveys by seasonal behaviours such as migration, Constrained hibernation and breeding, which dictate species presence and vulnerability to disturbance. Species A group of animals or plants of the same kind which reproduce amongst themselves but are usually reproductively isolated from other types of animals or plants. Species Isolation Process by which species become separated from others reducing the gene pool and potential for evolutionary adaptation. Statutory Designated Sites that are given particular protection under law. For biodiversity these include: Special Sites Sites of Scientific Interest (SSSI), Special Area of Conservation (SAC), Special Protection Area (SPA) and National Nature Reserve (NNR). Sustainable The standard definition of sustainable development is ‘development which meets the needs Development of the present without compromising the ability of future generations to meet their own needs’ Supplementary Planning Guidance: Biodiversity and Geodiversity (May 2018) (Bruntland, 1987). This requires development to ensure effective protection of the environment, make prudent use of natural resources, and enable equal opportunity and well-being. Sustainable Drainage Drainage schemes designed to improve control of, and the quality of, run-off from a Schemes (SuDS) development, usually by incorporating features that mimic more natural drainage systems as opposed to impermeable surfaces and concrete drains. Such features include ponds and reed-beds, which may also improve the amenity and biodiversity value of a site. Wildlife Corridor Wildlife corridors provide a physical link between wildlife habitats and allow some species to move between otherwise isolated areas. This can help to replenish isolated populations. The corridor habitat itself also meets some or all of the needs for shelter, protection, food and breeding sites and is therefore needs to be a vegetated or natural habitat link, such as hedgerows and streams. 29 Appendix E . Glossary upeetr lnigGiac:Boiest n edvriy(a 2018) (May Geodiversity and Biodiversity Guidance: Planning Supplementary 30 Local Development Plan Cynllun Datblygu Lleol www.npt.gov.uk/ldp Peak Gen DNS - Location and Photos of Site Notices APPLICATION SITE NATURA 2000 – STANDARD DATA FORM Special Areas of Conservation under the EC Habitats Directive (includes candidate SACs, Sites of Community Importance and designated SACs). Each Natura 2000 site in the United Kingdom has its own Standard Data Form containing site-specific information. The data form for this site has been generated from the Natura 2000 Database submitted to the European Commission on the following date: 22/12/2015 The information provided here, follows the officially agreed site information format for Natura 2000 sites, as set out in the Official Journal of the European Union recording the Commission Implementing Decision of 11 July 2011 (2011/484/EU). The Standard Data Forms are generated automatically for all of the UK’s Natura 2000 sites using the European Environment Agency’s Natura 2000 software. The structure and format of these forms is exactly as produced by the EEA’s Natura 2000 software (except for the addition of this coversheet and the end notes). The content matches exactly the data submitted to the European Commission. Please note that these forms contain a number of codes, all of which are explained either within the data forms themselves or in the end notes. Further technical documentation may be found here http://bd.eionet.europa.eu/activities/Natura_2000/reference_portal As part of the December 2015 submission, several sections of the UK’s previously published Standard Data Forms have been updated. For details of the approach taken by the UK in this submission please refer to the following document: http://jncc.defra.gov.uk/pdf/Natura2000_StandardDataForm_UKApproach_Dec2015.pdf More general information on Special Areas of Conservation (SACs) in the United Kingdom is available from the SAC home page on the JNCC website. This webpage also provides links to Standard Data Forms for all SACs in the UK. Date form generated by the Joint Nature Conservation Committee 25 January 2016. http://jncc.defra.gov.uk/ NATURA 2000 - STANDARD DATA FORM For Special Protection Areas (SPA), Proposed Sites for Community Importance (pSCI), Sites of Community Importance (SCI) and for Special Areas of Conservation (SAC) SITE UK0012885 SITENAME Crymlyn Bog/ Cors Crymlyn TABLE OF CONTENTS 1. SITE IDENTIFICATION 2. SITE LOCATION 3. ECOLOGICAL INFORMATION 4. SITE DESCRIPTION 5. SITE PROTECTION STATUS AND RELATION WITH CORINE BIOTOPES 6. SITE MANAGEMENT 1. SITE IDENTIFICATION 1.1 Type 1.2 Site code Back to top B UK0012885 1.3 Site name Crymlyn Bog/ Cors Crymlyn 1.4 First Compilation date 1.5 Update date 1995-06 2015-12 1.6 Respondent: Name/Organisation: Joint Nature Conservation Committee Joint Nature Conservation Committee Monkstone House City Road Peterborough Address: PE1 1JY Email: Date site proposed as SCI: 1995-06 Date site confirmed as SCI: 2004-12 Date site designated as SAC: 2004-12 Regulations 11 and 13-15 of the Conservation of Habitats National legal reference of SAC and Species Regulations 2010 designation: (http://www.legislation.gov.uk/uksi/2010/490/contents/made). 2. SITE LOCATION Back to top 2.1 Site-centre location [decimal degrees]: Longitude Latitude -3.888333333 51.63638889 2.2 Area [ha]: 2.3 Marine area [%] 299.42 0.0 2.4 Sitelength [km]: 3.0 2.5 Administrative region code and name NUTS level 2 code Region Name UKL2 East Wales 2.6 Biogeographical Region(s) (100.0 Atlantic %) 3. ECOLOGICAL INFORMATION Back to top 3.1 Habitat types present on the site and assessment for them Annex I Habitat types Site assessment Cover Cave Data Code PF NP A|B|C|D A|B|C [ha] [number] quality Relative Representativity Conservation Global Surface 7140 8.08 G B C B B 7210 X 59.88 M A B B B 91E0 X 7.46 G C C B C PF: for the habitat types that can have a non-priority as well as a priority form (6210, 7130, 9430) enter "X" in the column PF to indicate the priority form. NP: in case that a habitat type no longer exists in the site enter: x (optional) Cover: decimal values can be entered Caves: for habitat types 8310, 8330 (caves) enter the number of caves if estimated surface is not available. Data quality: G = 'Good' (e.g. based on surveys); M = 'Moderate' (e.g. based on partial data with some extrapolation); P = 'Poor' (e.g. rough estimation) 4. SITE DESCRIPTION Back to top 4.1 General site character Habitat class % Cover N07 86.0 N10 3.5 N08 0.6 N06 1.6 N16 8.3 Total Habitat Cover 100 Other Site Characteristics 1 Terrestrial: Soil & Geology: sandstone,clay,peat 2 Terrestrial: Geomorphology and landscape: lowland,valley 4.2 Quality and importance Transition mires and quaking bogs for which this is considered to be one of the best areas in the United Kingdom. Calcareous fens with Cladium mariscus and species of the Caricion davallianae for which this is considered to be one of the best areas in the United Kingdom. which is considered to be rare as its total extent in the United Kingdom is estimated to be less than 1000 hectares. Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion albae) for which the area is considered to support a significant presence. 4.3 Threats, pressures and activities with impacts on the site The most important impacts and activities with high effect on the site Negative Impacts Positive Impacts Threats Activities, Pollution Pollution inside/outside and inside/outside Rank management (optional) Rank (optional) [i|o|b] pressures [i|o|b] [code] [code] [code] [code] M A10 I H K02 I M D05 I H J02 I M J02 I H A04 I M A04 I H H04 B M G03 I H H01 B L H05 I Rank: H = high, M = medium, L = low Pollution: N = Nitrogen input, P = Phosphor/Phosphate input, A = Acid input/acidification, T = toxic inorganic chemicals, O = toxic organic chemicals, X = Mixed pollutions i = inside, o = outside, b = both 4.5 Documentation The Natural Resources Wales weblink below provides access to information on its designated sites. Detailed information about this Natura 2000 site can be accessed via the Management Plan link provided in Section 6.2. See also the 'UK Approach' document for more information (link via the JNCC website). Link(s): https://naturalresources.wales/conservation-biodiversity-and-wildlife/find-protected-areas-of-land-and-seas/designated-sites-search/?lang=en http://jncc.defra.gov.uk/pdf/Natura2000_StandardDataForm_UKApproach_Dec2015.pdf 5. SITE PROTECTION STATUS (optional) Back to top 5.1 Designation types at national and regional level: Code Cover [%] Code Cover [%] Code Cover [%] UK01 44.0 UK00 8.4 UK04 91.6 6. SITE MANAGEMENT Back to top 6.1 Body(ies) responsible for the site management: Organisation: Natural Resources Wales Address: Email: 6.2 Management Plan(s): An actual management plan does exist: X Yes Name: CRYMLYN BOG / CORS CRYMLYN Link: https://naturalresources.wales/media/675011/crymlyn-bog-sac-english.pdf No, but in preparation No EXPLANATION OF CODES USED IN THE NATURA 2000 STANDARD DATA FORMS The codes in the table below are also explained in the official European Union guidelines for the Standard Data Form. The relevant page is shown in the table below. 1.1 Site type CODE DESCRIPTION PAGE NO A Designated Special Protection Area 53 SAC (includes candidates Special Areas of Conservation, Sites of Community Importance and B 53 designated SAC) C SAC area the same as SPA. Note in the UK Natura 2000 submission this is only used for Gibraltar 53 3.1 Habitat representativity CODE DESCRIPTION PAGE NO A Excellent 57 B Good 57 C Significant 57 D Non-significant presence 57 3.1 Habitat code CODE DESCRIPTION PAGE NO 1110 Sandbanks which are slightly covered by sea water all the time 57 1130 Estuaries 57 1140 Mudflats and sandflats not covered by seawater at low tide 57 1150 Coastal lagoons 57 1160 Large shallow inlets and bays 57 1170 Reefs 57 1180 Submarine structures made by leaking gases 57 1210 Annual vegetation of drift lines 57 1220 Perennial vegetation of stony banks 57 1230 Vegetated sea cliffs of the Atlantic and Baltic Coasts 57 1310 Salicornia and other annuals colonizing mud and sand 57 1320 Spartina swards (Spartinion maritimae) 57 1330 Atlantic salt meadows (Glauco-Puccinellietalia maritimae) 57 1340 Inland salt meadows 57 1420 Mediterranean and thermo-Atlantic halophilous scrubs (Sarcocornetea fruticosi) 57 2110 Embryonic shifting dunes 57 2120 Shifting dunes along the shoreline with Ammophila arenaria ("white dunes") 57 2130 Fixed coastal dunes with herbaceous vegetation ("grey dunes") 57 2140 Decalcified fixed dunes with Empetrum nigrum 57 2150 Atlantic decalcified fixed dunes (Calluno-Ulicetea) 57 2160 Dunes with Hippopha• rhamnoides 57 2170 Dunes with Salix repens ssp. argentea (Salicion arenariae) 57 2190 Humid dune slacks 57 21A0 Machairs (* in Ireland) 57 2250 Coastal dunes with Juniperus spp. 57 2330 Inland dunes with open Corynephorus and Agrostis grasslands 57 3110 Oligotrophic waters containing very few minerals of sandy plains (Littorelletalia uniflorae) 57 Oligotrophic to mesotrophic standing waters with vegetation of the Littorelletea uniflorae and/or of 3130 57 the Isoëto-Nanojuncetea 3140 Hard oligo-mesotrophic waters with benthic vegetation of Chara spp. 57 3150 Natural eutrophic lakes with Magnopotamion or Hydrocharition - type vegetation 57 CODE DESCRIPTION PAGE NO 3160 Natural dystrophic lakes and ponds 57 3170 Mediterranean temporary ponds 57 3180 Turloughs 57 Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho-Batrachion 3260 57 vegetation 4010 Northern Atlantic wet heaths with Erica tetralix 57 4020 Temperate Atlantic wet heaths with Erica ciliaris and Erica tetralix 57 4030 European dry heaths 57 4040 Dry Atlantic coastal heaths with Erica vagans 57 4060 Alpine and Boreal heaths 57 4080 Sub-Arctic Salix spp. scrub 57 5110 Stable xerothermophilous formations with Buxus sempervirens on rock slopes (Berberidion p.p.) 57 5130 Juniperus communis formations on heaths or calcareous grasslands 57 6130 Calaminarian grasslands of the Violetalia calaminariae 57 6150 Siliceous alpine and boreal grasslands 57 6170 Alpine and subalpine calcareous grasslands 57 Semi-natural dry grasslands and scrubland facies on calcareous substrates (Festuco-Brometalia) (* 6210 57 important orchid sites) Species-rich Nardus grasslands, on silicious substrates in mountain areas (and submountain areas in 6230 57 Continental Europe) 6410 Molinia meadows on calcareous, peaty or clayey-silt-laden soils (Molinion caeruleae) 57 6430 Hydrophilous tall herb fringe communities of plains and of the montane to alpine levels 57 6510 Lowland hay meadows (Alopecurus pratensis, Sanguisorba officinalis) 57 6520 Mountain hay meadows 57 7110 Active raised bogs 57 7120 Degraded raised bogs still capable of natural regeneration 57 7130 Blanket bogs (* if active bog) 57 7140 Transition mires and quaking bogs 57 7150 Depressions on peat substrates of the Rhynchosporion 57 7210 Calcareous fens with Cladium mariscus and species of the Caricion davallianae 57 7220 Petrifying springs with tufa formation (Cratoneurion) 57 7230 Alkaline fens 57 7240 Alpine pioneer formations of the Caricion bicoloris-atrofuscae 57 8110 Siliceous scree of the montane to snow levels (Androsacetalia alpinae and Galeopsietalia ladani) 57 8120 Calcareous and calcshist screes of the montane to alpine levels (Thlaspietea rotundifolii) 57 8210 Calcareous rocky slopes with chasmophytic vegetation 57 8220 Siliceous rocky slopes with chasmophytic vegetation 57 8240 Limestone pavements 57 8310 Caves not open to the public 57 8330 Submerged or partially submerged sea caves 57 Atlantic acidophilous beech forests with Ilex and sometimes also Taxus in the shrublayer (Quercion 9120 57 robori-petraeae or Ilici-Fagenion) 9130 Asperulo-Fagetum beech forests 57 9160 Sub-Atlantic and medio-European oak or oak-hornbeam forests of the Carpinion betuli 57 9180 Tilio-Acerion forests of slopes, screes and ravines 57 9190 Old acidophilous oak woods with Quercus robur on sandy plains 57 91A0 Old sessile oak woods with Ilex and Blechnum in the British Isles 57 91C0 Caledonian forest 57 91D0 Bog woodland 57 Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion 91E0 57 albae) 91J0 Taxus baccata woods of the British Isles 57 3.1 Relative surface CODE DESCRIPTION PAGE NO A 15%-100% 58 B 2%-15% 58 C < 2% 58 3.1 Conservation status habitat CODE DESCRIPTION PAGE NO A Excellent conservation 59 B Good conservation 59 C Average or reduced conservation 59 3.1 Global grade habitat CODE DESCRIPTION PAGE NO A Excellent value 59 B Good value 59 C Significant value 59 3.2 Population (abbreviated to ‘Pop.’ in data form) CODE DESCRIPTION PAGE NO A 15%-100% 62 B 2%-15% 62 C < 2% 62 D Non-significant population 62 3.2 Conservation status species (abbreviated to ‘Con.’ in data form) CODE DESCRIPTION PAGE NO A Excellent conservation 63 B Good conservation 63 C Average or reduced conservation 63 3.2 Isolation (abbreviated to ‘Iso.’ in data form) CODE DESCRIPTION PAGE NO A Population (almost) Isolated 63 B Population not-isolated, but on margins of area of distribution 63 C Population not-isolated within extended distribution range 63 3.2 Global Grade (abbreviated to ‘Glo.’ Or ‘G.’ in data form) CODE DESCRIPTION PAGE NO A Excellent value 63 B Good value 63 C Significant value 63 3.3 Assemblages types CODE DESCRIPTION PAGE NO WATR Non breeding waterfowl assemblage UK specific code SBA Breeding seabird assemblage UK specific code BBA Breeding bird assemblage (applies only to sites classified pre 2000) UK specific code 4.1 Habitat class code CODE DESCRIPTION PAGE NO N01 Marine areas, Sea inlets 65 N02 Tidal rivers, Estuaries, Mud flats, Sand flats, Lagoons (including saltwork basins) 65 N03 Salt marshes, Salt pastures, Salt steppes 65 N04 Coastal sand dunes, Sand beaches, Machair 65 N05 Shingle, Sea cliffs, Islets 65 N06 Inland water bodies (Standing water, Running water) 65 N07 Bogs, Marshes, Water fringed vegetation, Fens 65 N08 Heath, Scrub, Maquis and Garrigue, Phygrana 65 N09 Dry grassland, Steppes 65 N10 Humid grassland, Mesophile grassland 65 N11 Alpine and sub-Alpine grassland 65 N14 Improved grassland 65 N15 Other arable land 65 N16 Broad-leaved deciduous woodland 65 N17 Coniferous woodland 65 N19 Mixed woodland 65 N21 Non-forest areas cultivated with woody plants (including Orchards, groves, Vineyards, Dehesas) 65 N22 Inland rocks, Screes, Sands, Permanent Snow and ice 65 N23 Other land (including Towns, Villages, Roads, Waste places, Mines, Industrial sites) 65 N25 Grassland and scrub habitats (general) 65 N26 Woodland habitats (general) 65 4.3 Threats code CODE DESCRIPTION PAGE NO A01 Cultivation 65 A02 Modification of cultivation practices 65 A03 Mowing / cutting of grassland 65 A04 Grazing 65 A05 Livestock farming and animal breeding (without grazing) 65 A06 Annual and perennial non-timber crops 65 A07 Use of biocides, hormones and chemicals 65 A08 Fertilisation 65 A10 Restructuring agricultural land holding 65 A11 Agriculture activities not referred to above 65 B01 Forest planting on open ground 65 B02 Forest and Plantation management & use 65 B03 Forest exploitation without replanting or natural regrowth 65 B04 Use of biocides, hormones and chemicals (forestry) 65 B06 Grazing in forests/ woodland 65 B07 Forestry activities not referred to above 65 C01 Mining and quarrying 65 C02 Exploration and extraction of oil or gas 65 C03 Renewable abiotic energy use 65 D01 Roads, paths and railroads 65 D02 Utility and service lines 65 D03 Shipping lanes, ports, marine constructions 65 D04 Airports, flightpaths 65 D05 Improved access to site 65 E01 Urbanised areas, human habitation 65 E02 Industrial or commercial areas 65 CODE DESCRIPTION PAGE NO E03 Discharges 65 E04 Structures, buildings in the landscape 65 E06 Other urbanisation, industrial and similar activities 65 F01 Marine and Freshwater Aquaculture 65 F02 Fishing and harvesting aquatic ressources 65 Hunting and collection of wild animals (terrestrial), including damage caused by game (excessive density), and taking/removal of terrestrial animals (including collection of insects, reptiles, F03 65 amphibians, birds of prey, etc., trapping, poisoning, poaching, predator control, accidental capture (e.g. due to fishing gear), etc.) F04 Taking / Removal of terrestrial plants, general 65 F05 Illegal taking/ removal of marine fauna 65 F06 Hunting, fishing or collecting activities not referred to above 65 G01 Outdoor sports and leisure activities, recreational activities 65 G02 Sport and leisure structures 65 G03 Interpretative centres 65 G04 Military use and civil unrest 65 G05 Other human intrusions and disturbances 65 H01 Pollution to surface waters (limnic & terrestrial, marine & brackish) 65 H02 Pollution to groundwater (point sources and diffuse sources) 65 H03 Marine water pollution 65 H04 Air pollution, air-borne pollutants 65 H05 Soil pollution and solid waste (excluding discharges) 65 H06 Excess energy 65 H07 Other forms of pollution 65 I01 Invasive non-native species 65 I02 Problematic native species 65 I03 Introduced genetic material, GMO 65 J01 Fire and fire suppression 65 J02 Human induced changes in hydraulic conditions 65 J03 Other ecosystem modifications 65 K01 Abiotic (slow) natural processes 65 K02 Biocenotic evolution, succession 65 K03 Interspecific faunal relations 65 K04 Interspecific floral relations 65 K05 Reduced fecundity/ genetic depression 65 L05 Collapse of terrain, landslide 65 L07 Storm, cyclone 65 L08 Inundation (natural processes) 65 L10 Other natural catastrophes 65 M01 Changes in abiotic conditions 65 M02 Changes in biotic conditions 65 U Unknown threat or pressure 65 XO Threats and pressures from outside the Member State 65 5.1 Designation type codes CODE DESCRIPTION PAGE NO UK00 No Protection Status 67 UK01 National Nature Reserve 67 UK02 Marine Nature Reserve 67 UK04 Site of Special Scientific Interest (UK) 67 Information Sheet on Ramsar Wetlands (RIS) Categories approved by Recommendation 4.7, as amended by Resolution VIII.13 of the Conference of the Contracting Parties. Note for compilers: 1. The RIS should be completed in accordance with the attached Explanatory Notes and Guidelines for completing the Information Sheet on Ramsar Wetlands. Compilers are strongly advised to read this guidance before filling in the RIS. 2. Once completed, the RIS (and accompanying map(s)) should be submitted to the Ramsar Secretariat. Compilers are strongly urged to provide an electronic (MS Word) copy of the RIS and, where possible, digital copies of maps. 1. Name and address of the compiler of this form: FOR OFFICE USE ONLY. DD MM YY Joint Nature Conservation Committee Monkstone House City Road Designation date Site Reference Number Peterborough Cambridgeshire PE1 1JY UK Telephone/Fax: +44 (0)1733 – 562 626 / +44 (0)1733 – 555 948 Email: [email protected] 2. Date this sheet was completed/updated: Designated: 08 June 1993 / updated 12 May 2005 3. Country: UK (Wales) 4. Name of the Ramsar site: Crymlyn Bog 5. Map of site included: Refer to Annex III of the Explanatory Notes and Guidelines, for detailed guidance on provision of suitable maps. a) hard copy (required for inclusion of site in the Ramsar List): yes 9 -or- no b) digital (electronic) format (optional): Yes 6. Geographical coordinates (latitude/longitude): 51 38 08 N 03 53 16 W 7. General location: Include in which part of the country and which large administrative region(s), and the location of the nearest large town. Nearest town/city: Swansea Crymlyn Bog lies within a south Wales industrial and urban landscape between Swansea and Neath, 1 km inland of the coast. Administrative region: Abertawe/ Swansea; Castell-Nedd a Porth Talbot/ Neath and Port Talbot 8. Elevation (average and/or max. & min.) (metres): 9. Area (hectares): 267.65 Min. 7 (2005 calculation, no boundary change) Max. 9 Mean 8 Ramsar Information Sheet: UK14006 Page 1 of 8 Crymlyn Bog Information Sheet on Ramsar Wetlands (RIS), page 2 10. Overview: Provide a short paragraph giving a summary description of the principal ecological characteristics and importance of the wetland. Crymlyn Bog comprises a floodplain-valley mire located within a lowland coastal context and is the most extensive wetland of its type in Wales. The mire features a complex mosaic of vegetation types, supporting examples of swamp, tall herb fen, fen meadow and carr communities. The site supports an exceptionally wide range of rich and poor fen communities, some of which bear a close floristic affinity to certain floodplain mires in East Anglia. The presence of significant areas of saw sedge Cladium mariscus swamp is notable in extensive stands of this uncommon vegetation type, occurring at only three other sites in Wales. Crymlyn Bog is part of a larger inter-estuarine complex which includes the adjacent Pant y Sais fen. 11. Ramsar Criteria: Circle or underline each Criterion applied to the designation of the Ramsar site. See Annex II of the Explanatory Notes and Guidelines for the Criteria and guidelines for their application (adopted by Resolution VII.11). 1, 2, 3 12. Justification for the application of each Criterion listed in 11. above: Provide justification for each Criterion in turn, clearly identifying to which Criterion the justification applies (see Annex II for guidance on acceptable forms of justification). Ramsar criterion 1 Largest example of valley floodplain topogenous mire in South Wales, and one of the largest surviving fens in the west of Britain. Very few other sites are known to support a comparable complexity and diversity of vegetation. Habitats Directive Annex I features present on the SAC include: H7140 Transition mires and quaking bogs H7210 Calcareous fens with Cladium mariscus and species of the Caricion davallianae H91E0 Alluvial forests with Alnus glutinosa and Fraxinus excelsior Ramsar criterion 2 Supports a substantial population of the nationally-rare slender cotton-grass Eriophorum gracile, and a rich invertebrate fauna including many rare and highly localised species. Ramsar criterion 3 The site supports 199 vascular plant species including 17 regionally-uncommon and one nationally- rare. See Sections 19/20 for details of noteworthy species 13. Biogeography (required when Criteria 1 and/or 3 and /or certain applications of Criterion 2 are applied to the designation): Name the relevant biogeographic region that includes the Ramsar site, and identify the biogeographic regionalisation system that has been applied. a) biogeographic region: Atlantic b) biogeographic regionalisation scheme (include reference citation): Council Directive 92/43/EEC Ramsar Information Sheet: UK14006 Page 2 of 8 Crymlyn Bog Information Sheet on Ramsar Wetlands (RIS), page 3 14. Physical features of the site: Describe, as appropriate, the geology, geomorphology; origins - natural or artificial; hydrology; soil type; water quality; water depth, water permanence; fluctuations in water level; tidal variations; downstream area; general climate, etc. Soil & geology mud, clay, peat, nutrient-poor Geomorphology and landscape lowland, floodplain, pools Nutrient status eutrophic, highly eutrophic, mesotrophic, oligotrophic pH acidic, alkaline, strongly acidic Salinity fresh Soil mainly organic Water permanence usually permanent Summary of main climatic features Annual averages (Cardiff, 1971–2000) (www.metoffice.com/climate/uk/averages/19712000/sites /cardiff.html) Max. daily temperature: 14.3° C Min. daily temperature: 6.8° C Days of air frost: 33.0 Rainfall: 1111.7 mm Hrs. of sunshine: 1518.0 General description of the Physical Features: No information available 15. Physical features of the catchment area: Describe the surface area, general geology and geomorphological features, general soil types, general land use, and climate (including climate type). Crymlyn Bog has been described as a natural oasis in a densely industrial landscape. The bog at Crymlyn is surrounded by a major oil refinery, a waste disposal tip and large housing estates. Earlier, industries used its water to establish a transport system, and the remains of a 19th century canal network are still evident today. The bog is the most extensive area of lowland fen in Wales, and it lies in the flood plain of the Neath river estuary. The plants here are more typical of East Anglia. The habitats include swamps, meadows, tall reed beds, and waterlogged scrub, mainly of willow, where the wetter areas merge with woodland. 16. Hydrological values: Describe the functions and values of the wetland in groundwater recharge, flood control, sediment trapping, shoreline stabilization, etc. No special values known, Water supply 17. Wetland types Human-made wetland, Inland wetland Code Name % Area Tp Freshwater marshes / pools: permanent 0.4 U Peatlands (including peat bogs swamps, fens) 79.9 W Shrub-dominated wetlands 9.8 9 Canals and drainage channels 0.7 Other Other 9.2 18. General ecological features: Provide further description, as appropriate, of the main habitats, vegetation types, plant and animal communities present in the Ramsar site. This site embraces the more acid range of variation of the Calcareous fens with Cladium mariscus habitat type and is relatively species-poor. It is one of the largest sites for Cladium spp in south Ramsar Information Sheet: UK14006 Page 3 of 8 Crymlyn Bog Information Sheet on Ramsar Wetlands (RIS), page 4 Wales. There are large stands of Cladium spp, with transitions to a highly distinctive suite of tall-herb fen communities, often dominated to varying degrees by Phragmites australis. The area is also important for the occurrence of a substantial population of the nationally-rare cotton-grass Eriophorum gracile. Plant communities grade from Sphagnum dominated poor fen with Narthecium ossifragum and Utricularia vulgaris to more eutrophic associations with Typha angustifolia, Typha latifolia, Cladium mariscus and Carex elata. Molinia caerulea is dominant in drier areas, with stands of pure Phragmites australis reedswamp where conditions are wettest. Willow-birch and alder carr woodland with Carex paniculata occur on the eastern margins. The site supports an exceptionally wide range of rich- and poor-fen communities, some of which bear a close floristic resemblance to certain floodplain mires in East Anglia, including S2 Cladium mariscus swamp and sedge-beds, and Cladio-molinietum communities which are in the central part of the bog. A key feature concerns the presence of tall herb fen communities transitional between swamp and fen, with sedge beds dominated by Cladium mariscus being of particular importance. Also of international significance is the Transition Mire and Quaking Bog community, characterised by the presence of Carex rostrata, Menyanthes trifoliata, Carex limosa and supporting good stands of the nationally important Eriophorum gracile. 19. Noteworthy flora: Provide additional information on particular species and why they are noteworthy (expanding as necessary on information provided in 12. Justification for the application of the Criteria) indicating, e.g. which species/communities are unique, rare, endangered or biogeographically important, etc. Do not include here taxonomic lists of species present – these may be supplied as supplementary information to the RIS. Nationally important species occurring on the site. Higher Plants. Eriophorum gracile. 20. Noteworthy fauna: Provide additional information on particular species and why they are noteworthy (expanding as necessary on information provided in 12. Justification for the application of the Criteria) indicating, e.g. which species/communities are unique, rare, endangered or biogeographically important, etc., including count data. Do not include here taxonomic lists of species present – these may be supplied as supplementary information to the RIS. Species Information Nationally important species occurring on the site. Invertebrates. The more significant wetland rarities at Crymlyn Bog include: Dolomedes plantarius Crossocerus vagabundus (Panzer) Hymenoptera, Sphecidae Pteromicra leucopeza (Meigen) Diptera, Sciomyzidae Cephalops perspicuus (de Meijere) Diptera, Pipunculidae Gyrinus suffriani (Scriba 1855) Coleoptera, Gyrinidae Ramsar Information Sheet: UK14006 Page 4 of 8 Crymlyn Bog Information Sheet on Ramsar Wetlands (RIS), page 5 The nationally scarce hornet robberfly Asilus crabroniformis occurs on the drier grassland slopes bordering the fen 21. Social and cultural values: e.g. fisheries production, forestry, religious importance, archaeological sites, social relations with the wetland, etc. Distinguish between historical/archaeological/religious significance and current socio-economic values. Aesthetic Archaeological/historical site Environmental education/ interpretation Livestock grazing Non-consumptive recreation Scientific research Sport fishing 22. Land tenure/ownership: Ownership category On-site Off-site Local authority, municipality etc. + + Private + Public/communal + 23. Current land (including water) use: Activity On-site Off-site Nature conservation + + Tourism + + Recreation + + Current scientific research + + Fishing: recreational/sport + + Fishing: subsistence + + Livestock watering hole/pond + + Grazing (unspecified) + + Rough or shifting grazing + + Industrial water supply + + Industry + Flood control + + Oil/gas production + Transport route + Urban development + Ramsar Information Sheet: UK14006 Page 5 of 8 Crymlyn Bog Information Sheet on Ramsar Wetlands (RIS), page 6 24. Factors adversely affecting the site’s ecological character, including changes in land (including water) use and development projects: Explanation of reporting category: 1. Those factors that are still operating, but it is unclear if they are under control, as there is a lag in showing the management or regulatory regime to be successful. 2. Those factors that are not currently being managed, or where the regulatory regime appears to have been ineffective so far. NA = Not Applicable because no factors have been reported. Adverse Factor Description of the problem (Newly reported Factors Category only) Reporting Category On-Site Off-Site Major Impact? Eutrophication 1 + For category 2 factors only. What measures have been taken / are planned / regulatory processes invoked, to mitigate the effect of these factors? Is the site subject to adverse ecological change? NO 25. Conservation measures taken: List national category and legal status of protected areas, including boundary relationships with the Ramsar site; management practices; whether an officially approved management plan exists and whether it is being implemented. Conservation measure On-site Off-site Site/ Area of Special Scientific Interest + + (SSSI/ASSI) National Nature Reserve (NNR) + Site management statement/plan implemented + Other + Special Area of Conservation (SAC) + + Management plan in preparation + 26. Conservation measures proposed but not yet implemented: e.g. management plan in preparation; official proposal as a legally protected area, etc. No information available 27. Current scientific research and facilities: e.g. details of current research projects, including biodiversity monitoring; existence of a field research station, etc. Environment. A review of the hydrological processes at Crymlyn Bog NNR was completed by the Environmental Consultancy at the University of Sheffield, on contract to CCW in March 1998. Following the announcement by BP/Mobil Llandarcy in November 1997 of the closure of the oil refinery over the next two years, CCW and the Environment Agency continue to worked closely with BP and their consultants regarding the implementation of a comprehensive risk-based strategy to the long-term amelioration of the refinery site and its redevelopment for housing. This includes associated pollutant influences on the adjacent Crymlyn Bog. During 2004 CCW and the Environment Agency worked Ramsar Information Sheet: UK14006 Page 6 of 8 Crymlyn Bog Information Sheet on Ramsar Wetlands (RIS), page 7 jointly on a detailed hydrological and nutrient assessment of the site to ascertain the overall nutrient loading on sensitive mire communities (Headley 2004). These studies will also inform CCW’s long term aspirations for the restoration of historical water channels. It is proposed to continue with a water quality monitoring programme and further studies will be undertaken in 2005 to inform restoration work on a relict canal and the Crymlyn Brook. A presentation of this recent research was given to the British Hydrological Society in 2004. Flora. Annual census of slender cotton-grass Eriophorum gracile. (no longer current) Preliminary survey for lichens and bryophytes of the wet woodlands Fauna. Monitoring of hornet robberfly, survey for additional populations of the fen raft spider, and moth- trapping. Bird ringing. 28. Current conservation education: e.g. visitor centre, observation hides and nature trails, information booklets, facilities for school visits, etc. Used by visiting university groups for studies on entomology, peat stratigraphy and fenland communities, used by local school groups for studies relevant to the National Curriculum. Crymlym Visitors Centre is used for school groups and talks. It houses a permanent exhibition and is a focal point for field study groups. Meetings and guided walks, focused on the visitors centre. Annual open days. Long-term partnership with Swansea Environment Centre as educational providers and recent Community Liaison work undertaken through the British Trust for Conservation Volunteers (BTCV) (no longer current). Pant y Sais fen is a Local Nature Reserve and is also used by school groups via boardwalk access. 29. Current recreation and tourism: State if the wetland is used for recreation/tourism; indicate type(s) and their frequency/intensity. Activities. All low-key: walking, dog walking, birdwatching, sport/recreational fishing in relict canal. Facilities provided. Car parking, nature trails and interpretative leaflets. There are themed open days, guided walks, on- site interpretative information, and disabled access at Pany-y-Sais. Seasonality. Year-round access and use. There is summer wardening April-September. 30. Jurisdiction: Include territorial, e.g. state/region, and functional/sectoral, e.g. Dept. of Agriculture/Dept. of Environment, etc. Head, Countryside Division, Welsh Assembly Government, Cathays Park, Cardiff, CF1 3NQ 31. Management authority: Provide the name and address of the local office(s) of the agency(ies) or organisation(s) directly responsible for managing the wetland. Wherever possible provide also the title and/or name of the person or persons in this office with responsibility for the wetland. Site Safeguard Officer, International Designations, Countryside Council for Wales, Maes-y- Ffynnon, Penrhosgarnedd, Bangor, Gwynedd, LL57 2DW 32. Bibliographical references: Scientific/technical references only. If biogeographic regionalisation scheme applied (see 13 above), list full reference citation for the scheme. Site-relevant references Ramsar Information Sheet: UK14006 Page 7 of 8 Crymlyn Bog Information Sheet on Ramsar Wetlands (RIS), page 8 Barber, KE & Hughes, PDH (1995) Palaeoecology and radiocarbon dating of peat deposits at Crymlyn Bog National Nature Reserve, south Wales. Report for the Countryside Council for Wales. (Contractor: University of Southampton) Dumayne-Peaty, L (1998) Holocene palaeoecology and development of Crymlyn Bog NNR, south Wales. Final report to British Petroleum and Countryside Council for Wales Fowles, A (1994) Invertebrates of Wales: a review of important sites and species. Joint Nature Conservation Committee, Peterborough Headley, AD (2004) Substratum enrichment at Crymlyn Bog cSAC, south Wales: an analysis of current and future impacts with particular reference to SAC feature fen communities. CCW Contract Science Report, No. 652 Headley, AD (2005) Investigations of canal sediment and peat chemistry at Crymlyn Bog NNR, south Wales. CCW Contract Science Report, No. 721 Headley, AD, Wheeler, BD & Baker, AJM (1992) The impact of man on the vegetation of Crymlyn Bog. In: Peatland ecosystems and Man: an impact assessment, ed. by OM Bragg, PD Hulme, HAP Ingram & RA Robertson, 257-261. University of Dundee, Department of Biological Sciences Hughes, PDM & Dumayne-Peaty, L (2002) Testing theories of mire development using multiple successions at Crymlyn Bog, West Glamorgan, south Wales, UK. Journal of Ecology, 90(3), 456-471 Jones, PS, Stevens, DP, Blackstock, TH, Burrows, CR & Howe, EA (eds.) (2003) Priority habitats of Wales: a technical guide. Countryside Council for Wales, Bangor McLeod, CR, Yeo, M, Brown, AE, Burn, AJ, Hopkins, JJ & Way, SF (eds.) (2004) The Habitats Directive: selection of Special Areas of Conservation in the UK. 2nd edn. Joint Nature Conservation Committee, Peterborough. www.jncc.gov.uk/SACselection Robertson, J (2000) Reserve focus – Crymlyn Bog NNR, Glamorgan. British Wildlife, 12(1), 22-27 Rosen, D & Dumayne-Peaty, L (2001) Human impact on the vegetation of south Wales during late historical times: palynological and palaeoenvironmental results from Crymlyn Bog NNR, West Glamorgan, Wales, UK. The Holocene 11(1), 11-23 Please return to: Ramsar Secretariat, Rue Mauverney 28, CH-1196 Gland, Switzerland Telephone: +41 22 999 0170 • Fax: +41 22 999 0169 • email: [email protected] Ramsar Information Sheet: UK14006 Page 8 of 8 Crymlyn Bog