P/2015/0529 Great Cantal, Llanbister Rd, Llandrindod Wells, LD1 6UD

Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2015/0529 Grid Ref: 315687 272559

Community Llanbister Valid Date: Officer: Council: 25/06/2015 Holly-ann Hobbs

Applicant: Mr Wayne Bowen, Great Cantal, Llanbister Rd, Llandrindod Wells, LD1 6UD.

Location: Great Cantal, Llanbister Rd, Llandrindod Wells, LD1 6UD.

Proposal: Full: Construction os a single 85kw wind turbine with hub height of 24.8m and overall tip height of 36.6m and all associated works.

Application Application for Full Planning Permission Type:

The reason for Committee determination

The proposed turbine exceeds a height of 24 metres and therefore is required to be determined by Members of Planning, Taxi Licensing and Rights of Way Committee.

Site Location and Description

Great Cantal is located within the open countryside, approximately 4.5 miles east of Llanbister and approximately 8.8 miles south east of Llanbadarn Fynydd. The proposed site of development is located approximately 550 metres south east of Great Cantal Farmhouse and is bounded by agricultural land to the north, east, south and west.

Consent is sought in full for the erection of single wind turbine measuring 36.6 metres to blade tip, 24.8 metres to hub with a rotor diameter of 23.5 metres. The capacity of the proposed turbine is 85kw. The proposed development further includes the erection of a control cabinet measuring approximately 2 metres by 1.5 metres by 2 metres together with the provision of a temporary access track.

Consultee Response

Llanbister Community Council

No Community Council comments received at the time of writing this report.

Highway Authority

Correspondence received 3rd July 2015 –

Whilst I doubt the delivery of the turbine parts for this project will be an issue it is essential that full details of the dimensions and number of all the loads are detailed. I therefore request

1 further information, preferably in diagrammatic form, of the delivery loads of the component parts with dimensions.

Correspondence received 25th February 2016 –

I refer to the additional information provided regarding the number and size of delivery vehicles and have no further comment to make regarding this scheme.

Welsh Government Transport

Correspondence received 9th July 2015 –

I refer to your consultation of 25 June 2015 regarding the above application and advise that the Welsh Government as highway authority for the A483 trunk road directs that permission be withheld until further notice while additional information is sought from the applicant and/or information provided by the applicant is analysed to enable appropriate highway observations to be made;

1. The proposal includes the generation of Abnormal Indivisible Loads (AILs) as part of the Transportation of turbine components to site. In order to fully appraise this application the Welsh Government (Transport) requires full details of the delivery route to include the point of entry and exit point to and from the trunk road network. In addition full transportation dimensions should also be supplied.

If you have any further queries, please forward to the following Welsh Government Mailbox NorthandMidWalesDevelopmentControlMailbox@Wales.GSI.Gov.UK.

Correspondence received 8th March 2016 –

I refer to your consultation of 23 February 2016 regarding the above application and advise that the Welsh Government as highway authority for the A483 trunk road does not issue a direction in respect of this application.

If you have any further queries, please forward to the following Welsh Government Mailbox [email protected].

Environmental Health

Following the submission of a noise report the application has shown that they can comply with the simplified methodology so if members be minded to grant this application then I would recommend the following conditions be attached.

ETSU-R-97 provides a method for determining operational noise limits for wind farm developments. For single turbines or developments where there are large separation distances between turbines and sensitive receptors, a simplified method can be adopted whereby, if operational noise is limited to LA90, 10 min of 35 dB(A) at the closest receptors in wind speeds up to 10 ms at 10m height.

This limit may be increased to 45 dB where the occupier of a property has a financial involvement in the application.

1. The wind turbine noise level measured shall be in accordance with the guidance contained within the Department of Trade and Industry Report ‘The Assessment and Rating of Noise from Wind Farms’ (ETSU-R-97) and, as such, shall not exceed an absolute noise level of 35 dB expressed as L A90 10min at any existing dwelling with a non-financial involvement, up to on-site wind speeds of 10m/s measured at a height of 10m.

Great Cantal can be afforded a higher noise level of 45 dB expressed as L A90 10 min as it has a financial involvement.

2. The level of noise emitted by the wind turbine shall be demonstrated at the request of the Local Planning Authority. Should the wind turbine be identified as operating at an absolute noise level that exceeds 35 dB expressed as L A90 10min at any existing dwelling that is not financially involved, and 45 dB at Great Cantal up to on-site wind speeds of 10m/s measured at a height of 10m, the turbine shall be taken out of use until such time as maintenance or repair is undertaken sufficient to reduce the absolute noise level of the operating turbine to within the parameters specified in condition 1.

Reason: In order to maintain and protect the amenity of nearby residents by the reduction of ambient noise levels to an acceptable level in accordance with the requirements of Section 13.13 (Reducing Noise and Light Pollution) of Planning Policy Wales, Edition 4 (February 2011); Technical Advice Note (Wales) 11 (October 1997) and; Policy SP12 (Energy Conservation and Generation) of the Powys Unitary Development Plan, adopted 1st March 2010.

Countryside Services

Thank you for the opportunity for Countryside Services to comment on the above mentioned application.

It would appear from the information made available at this time that public rights of way are not going to be affected by the proposed development. The closest public right of way to the development site is a bridleway (LB606) to the east of the proposed turbine site location. This would appear to be just over our requested separation distance of turbines to bridleways of 200 metres; in this case the separation distance would be approximately 202 metres.

To ensure that our required separation distance is maintained it would be a requirement that any micrositing of the turbine base does not reduce the current distance between the turbine site and the bridleway LB606.

Although public rights of way are not directly impacted upon it must be made clear that at no time should any public right of way be obstructed during the development process and at no time should any materials be placed or stored on the line of any public right of way; any damage caused to the surface of any public right of way must be made good to at least its current condition or better. Any unlawful disturbance or damage to any public right of way could have legal repercussions.

Countryside Services would also wish to ensure that any ground works undertaken in association with this proposed development are given due consideration with regard to any likely impact upon the public rights of way network in the area; should any works be planned

3 that could affect public access then the applicant would need to ensure that contact is made with Countryside Services to discuss and any consents required are applied for and granted before any works take place.

Countryside Services therefore have no objection to the proposed development at this time.

County Ecologist

Habitats Regulations Assessment completed and approved by NRW.

Natural Resources Wales

Correspondence received 24th July 2015 –

Regarding the above planning consultation, is there any additional information available from the agent regarding the route of the proposed underground cabling associated with the turbine? I could not see any detail of the route of the cable included within the documents on the planning portal.

We are aware that the track from the turbine back to the farmstead at Great Cantal Farm crosses the River Ithon SSSI and R. Wye SAC. Should the route of the cabling follow this track, then NRW will require further detail on pollution prevention measures, and of course an HRA will also be required to be undertaken by your authority. However, if the cabling route goes a different way, the above may not be necessary!

Correspondence received 7th August 2015 -

Natural Resources Wales do not object to the proposal, provided that appropriately worded conditions are included in any permission granted, to avoid impacts on curlews and on the SSSI and SAC features, as detailed below.

Protected Sites

The proposed route for the cabling associated with the development crosses the River Aran, which forms part of the River Ithon Site of Special Scientific Interest (SSSI) and River Wye Special Area of Conservation (SAC).

We note no detail of the proposed methods for laying the cabling within the submitted application.

If the cabling route involves excavation of the river SSSI/SAC, work should not commence until submission of a detailed method statement. The method statement should demonstrate that installation of the cabling would not cause pollution, damage or disturbance to the features of the SSSI and SAC, including otters.

A Pollution Prevention Plan will also be required, following guidance detailed in the Pollution Prevention Guidelines - Works and maintenance in or near water: PPG5.

In addition to the above, we advise your authority undertake a Habitat Regulations Assessment (HRA) to assess the likely significant effect of any excavation works within the SAC.

Protected Species

We welcome the submission of the Ecological Assessment as produced by Star Ecology and dated February 2015. NRW have no objection to the location of the turbine, provided appropriate mitigation measures for curlew are included as a condition in any permission granted.

Curlew

We note that the Ecological Assessment report by Star Ecology states that ‘the presence of curlew was not recorded’, but that the survey undertaken was ‘suboptimal’. As stated in our response to the previous planning application (our ref. NRW-14-041987, letter dated 14th May 2014), given that there are recent records of curlew using the area between Maelienydd SSSI and the proposed turbine we advise again that a precautionary approach is taken and that our suggested mitigation measures are implemented, by means of condition(s) on any planning permission granted. As impacts on breeding curlew can occur up to 800m from turbines, the mitigation measures should avoid construction activity within 800m during the curlew breeding season between mid-February and end of July

In addition, we advise that;

- Routine maintenance should be planned to avoid working during the curlew breeding season - Cabling should be undergrounded where possible to avoid bird collision incidents, or alter- natively should be fitted with appropriate bird scarers.

Bats

We welcome the submission of the bat survey, as produced by Star Ecology (ref. WB/1279/14.1) and dated November 2014.

We note the results of bat surveys identified no bat activity. The methodology used to provide data for the purposes of informing the public decision making process appears to be satisfactory. We therefore accept the results and the subsequent conclusions of the assessment. However, based on extant information including bat species previously recorded together with the locations of previous records, we would have expected some, though potentially limited, record of bat activity within the vicinity of the mast.

I hope these comments are of assistance. If you have any queries, or if you require any further in-formation, please do not hesitate to contact Rachel Jarvis at the above address.

Correspondence received 9th March 2016 –

Thank you for referring the above application. NRW previously responded to this consultation on 7th August 2015 when we did not object subject to imposition of planning appropriate

5 conditions. This letter supersedes all previous responses from NRW in relation to this planning application.

Natural Resources Wales brings together the work of the Countryside Council for Wales, Environment Agency Wales and Forestry Commission Wales, as well as some functions of Welsh Government. Our purpose is to ensure that the natural resources of Wales are sustainably maintained, used and enhanced, now and in the future.

Natural Resources Wales do not object to the proposal, provided that appropriately worded conditions are included in any permission granted, to avoid impacts on the SSSI and SAC features, as detailed below.

River Ithon Site of Special Scientific Interest (SSSI) and River Wye Special Area of Conservation (SAC).

Natural Resources Wales previous response requested a detailed method statement and pollution prevention plan in relation to the cabling route that involves excavation in the SSSI/SAC. The further information was received on 23rd February 2016 included a pollution plan and method statement by Star Ecology giving the details of the installation of electric cable ducting within the bed of the River Aran.

NRW consider that this is appropriate and provided that these measure are fully adhered to then there will be no likely significant effect on River Wye SAC.

European Protected Species – Bats

We welcome the submission of the bat survey, as produced by Star Ecology (ref. WB/1279/14.1) and dated November 2014.

Curlew

Natural Resources Wales have reviewed the additional information in respect of curlew and we now consider that that the previously recommended conditions are not necessary.

The Natural Environment and Rural Communities (NERC) Act (2006)

Please note that we have not considered possible effects on all species and habitats listed in section 42 of the Natural Environment and Rural Communities (NERC) Act 2006, or on the Local Biodiversity Action Plan or other local natural heritage interests. To comply with your authority's duty under section 40 of the NERC Act, to have regard to conserving biodiversity, your decision should take account of possible adverse effects on such interests. We recommend that you seek further advice from your authority's internal ecological adviser and/or nature conservation organisations such as the local Wildlife Trust, RSPB, etc. The Wales Biodiversity Partnership's web site has guidance for assessing proposals that have implications for section 42 habitats and species (www.biodiversitywales.org.uk).

To conclude, Natural Resources Wales do not object to the proposal, provided that appropriately worded conditions are included in any permission granted, to avoid impacts on the SSSI and SAC features.

Built Herittage

Thank you for consulting me on the above application. My comments are solely related to a consideration of the impact of the proposal on the heritage aspects of the landscape only (and not the ecological aspects). However I acknowledge that the landscape cannot be treated in distinct categories as geology, archaeology, ecology and history usually are intertwined in the landscape, with one often being the reason for the presence of another.

I would refer to Cadw guidance “caring for Historic Landscapes” ISBN 1 85760 164 5.

The first page sets out guidance for consideration of historic landscapes,

“Imagine that you have just one piece of paper of which to write everything. You have to reuse it time and time again, rubbing out some words each time in order to add new information. Eventually you end up with a mixture of lines relating to different times and uses; some of the writing will make sense, but some will be fragmentary. Our present landscape is like that. It is a single landscape but, because it has continually undergone change for around 10,000 years and bears the traces of past use and re-use it is also historic”

The Powys Unitary Development Plan describes the Powys landscape as

“Apart from the broad river valleys of the Severn, Wye and Usk and their tributaries, Powys is an area of upland mountain and moorland, well suited to grazing livestock, outdoor pursuits and forestry, but with limited scope for other forms of economic development. However, these characteristics also combine to provide a high quality landscape throughout the area, one which is attractive to tourists and day visitors as much for its remoteness and rugged natural beauty as for its distinctive market towns and remote villages. Statutory designations may receive individual protection but the UDP starts out with the premise that all of the landscape and environment of Powys is of high quality, worthy of conservation, careful management and enhancement”.

National Guidelines from Cadw reiterate that statement

“The entire rural and urban landscape of Wales is an historic asset. However, it is also possible to define individual components of the historic environment, small or large, and including those under the ground or under water, that can be identified as specific historic assets. Historic assets, or combinations of historic assets, of any size, including historic buildings, archaeological sites, historic areas or landscapes, need to be understood and managed at different levels for different purposes. Every historic asset also occupies a site which will have natural environmental values as well as heritage values.

The historic environment is constantly changing, but each significant part of it represents a finite resource. If it is not sustained, its heritage values will be eroded or lost. In addition, its potential to give distinctiveness, meaning and quality to the places in which people live, and provide people with a sense of continuity and a source of identity will be diminished. The

7 historic environment is a social and economic asset and a cultural resource for learning and enjoyment.”

The application site sits within a landscape that contains many historic assets most notably Great Cantal and Old House at Lower Cantal.

Within 1Km the following designated historic assets were identified;

Listed Buildings

Great Cantal Farmhouse - Cadw ID 9366 Old House at Lower Cantal - Cadw ID 82988

Between 1-5Km the following additional designated historic assets were identified’

Scheduled Ancient Monuments (11)

Short Ditch near Beacon Lodge – Cadw ID RD089 Rhos Crug Round barrows – Cadw ID RD110 Ffoeslaprey Settlement – Cadw ID 172 Rhos Crug Hut Platform (W) – Cadw ID RD269 Rhos Crug Hut Platform (E) – Cadw ID RD267 Rhos Crug Hill Settlement – Cadw ID RD268 Ffoeslaprey Settlement – Cadw ID RD172 Camp SW of Castell Cwm Aran Cadw ID RD094 Castell Cwm Aran Cadw ID RD095- Cadw ID Camp w of Cwm Cefn y Gaer Cadw ID RD 093 Cwm Cefn y Gaer Cadw ID RD011

Listed Buildings (6)

Little Cwm Llechwedd - Cadw ID 82987 Church of St Cynllo Llanbister grade ll* - Cadw ID 15013 Cottage opposite Llanbister Church - Cadw ID 82985 Cwm Garreg- Cadw ID 82986 Cil y Byddar - Cadw ID 9277 Pen-y-Clawdd - Cadw ID 9128

The historic landscape as opposed to the natural landscape, (although the both are often so interlinked to be impossible to differentiate between them) is characterised by mans impact on the landscape throughout millennium. These range through Bronze age hill forts on hill tops, to fortified dwellings, to historic farmhouses of more recent construction religious buildings, illustrating pre-reformation, post reformation and non-conformism, and mans impact on the landscape by means of evidence of cultivation, ploughing, enclosure of land, etc.

I note the LANDMAP classifications on the site of the wind turbine to be;

Theme ID Area name Classification Evaluation 1 Geological RDNRGL546 Llanbister Upland Terrain High

2 Landscape RDNRLHO53 Improved grassland low 3 Visual and RDNRVS133 Rolling Hills central south Hills and lower plateau Moderate Sensory east grazing 4 Historic RDNRHL396 Cantel Irregular filedscapes Moderate 5 Cultural RDNRCL007 Uplands and Lowlands Agricultural High

5. Cultural RDNRCL007 Uplands and Lowlands Agricultural High

This very large aspect area covers upland and lowland landscapes which illustrates both Saxon and Welsh place names the former mostly confines to the accessibly valleys nad the later to the less productive uplands. The area was witness to the uprising of Owain Glyndwr and colonisation by and conflict with the Marcher Lords. The areas contains extensive upland and lowland landscape areas that demonstrate the evolution of land use form prehistory, through the small-scale but numerous quarrying efforts to the historical nad present dominant agricultural practise of sheep farming.

I am aware that Powys County Council UDP policies support the national aims namely;

 UDP SP 3 - NATURAL, HISTORIC AND BUILT HERITAGE  POLICY GP1 – DEVELOPMENT CONTROL  POLICY ENV2 - SAFEGUARDING THE LANDSCAPE  POLICY ENV 14 - LISTED BUILDINGS  POLICY ENV 16 - LANDSCAPES, PARKS AND GARDENS OF SPECIAL HISTORIC INTEREST  POLICY ENV 17 - ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES  POLICY E3 – WINDPOWER

I am minded of the advice within Cadw document caring for Historic Landscapes which states, “Despite the intensity, variety and scale of landscape change that has happened in many parts of Wales, the fundamental nature of the terrain and the stewardship exercised over centuries by landowners and farmers, along with only limited intensive cultivation and urbanization, have proved ideal conditions for the survival of a great complexity of historic character in the Welsh landscape.

The contribution of local landscapes to people’s quality of life and to the economic well-being of local communities should not be underestimated. Recent research amongst individuals and businesses has clearly shown that one of the main reasons why people invest so much of their time and money in Wales is the quality of the local environment and landscape. Historic landscapes also have a significant role to play in education and tourism, as well as in the recognition of a sense of place, as people increasingly search for a context from the past in the changing world. The Register of Landscapes of Historic Interest in Wales and the results of historic landscape characterisation are now becoming increasingly available on the internet. This information can play an important role in raising awareness, particularly among schoolchildren and students, about the historical development of the area in which we live, helping us to unravel the pattern of the landscape around us through the shape of the fields, the type of field boundaries, the character of the buildings and the archaeological and historical remains.”

The area is visited by a large number of tourists, and the impact the proposal would when viewed from tourist viewpoints should have accompanied the application. I note that there is a photomontage from Glyndwrs Way (photomontage 7 and 9), however I also note that a more direct view to the south and south east of Penegoes would have given a different view and impact on Glyndwrs Way than the 2 sites chosen. As such I would not consider that the impact of the proposal on Glyndwrs has been addressed in this application.

To communicate the value of the historic environment to the wider economy, in terms of direct building work, and indirectly via tourism. The following are taken from the conclusions (page 36/37) of the National Trust (& Partners) report on valuing the Welsh historic environment.

 It is estimated that the historic environment sector supports over 30,000 FTE jobs in Wales.  In addition, it contributes some £840 million to Wales' national GVA, which is equivalent to 1.9% of Welsh GVA, and some £1.8 billion in respect of output.  One-fifth (20%) of total tourism expenditure represents a reasonable, if conservative estimate of the importance of the historic Environment sector in attracting visitors to Wales.

 The historic environment supports some 14,900 FTE jobs in Wales…representing some £330 million in respect of GVA and more than £610 million in respect of output.

I am aware of the requirements of Planning Policy Wales (July 2014) which identifies among others the following priorities;

• A thriving and diverse local economy where agriculture-related activities are complemented by sustainable tourism and other forms of employment in a working countryside’; and • An attractive, ecologically rich and accessible countryside in which the environment and biodiversity are conserved and enhanced

These aims are also reiterated in Policies ENV13 and ENV14 of the Powys Unitary Development Plan (adopted March 2010).

I would also refer to Environment Strategy for Wales (2006) which states that ” The strategy recognises that the economy and the environment are closely linked and that a healthy, attractive environment will play a key role in attracting and retaining people to live and work in Wales. “The diversity of the Welsh landscape, and the cities, towns and villages that form part of it, gives Wales its unique sense of place. The landscape and coast is high quality, including large areas which are internationally recognised for their beauty, heritage or biodiversity value.”

The Strategy continues and identifies the challenge of managing the pressures of development, energy use and agriculture on the environment, and to address climate change amongst other challenges relating to the built heritage such as;

 loss of landscape and heritage quality and distinctiveness  poor quality local environments

The Strategy has a summary of 39 outcomes, of which several are relevant in this case including,

 Outcome 23 - The quality and diversity of the natural and historic character of our landscape and seascape is maintained and enhanced.  Outcome 24 - The built environment is high quality and vibrant, reflecting local distinctiveness and supporting strong communities, which are actively engaged in the management of their local environment.  Outcome 26 - The historic building stock and character is maintained to a high standard.

The Strategy identified Local Authorities as the organisation responsible for meeting these outcomes.

I note the ZTV submitted with the application and the topography of the area and note that there are relatively limited opportunities for the turbine and the historic assets to be viewed together. I have taken the opportunity to comment individually on some of the closer historic assets.

I note that Great Cantal is not readily visible from public roads, and that the cruck framed late medieval house is the farmhouse to a working farm with larger more modern agricultural buildings. I note that the turbine will be visible from the B4356, however it will not be visible with Great Cantal. I would not disagree with the findings in paragraph 9.5.2 of the Design and Access Statement submitted with the application that the impacts on this listed building are minimal. Given the fact that the farmstead is not visible from public vantage points within which to read the farmstead and the turbine, and the screening and topography between the listed structure and the turbine I would not consider that the proposed turbine would have an adverse impact on the setting of this listed building.

I note that The Old House at Cantal is a listed building within 1Km of the site, and it too is located within a working farm. The farmstead is not readily visible from any public vantage points being sited at a lower level than the road. Whilst I note that the turbine could be viewed from the road that travels south from Crossways, I note that Lower Cantal is not. Given the fact that the farmstead is not visible from public vantage points within which to read the farmstead and the turbine, and the screening and topography between the listed structure and the turbine I would not consider that the proposed turbine would have an adverse impact on the setting of this listed building.

The nearest Scheduled Ancient Monument is Ffoeslaprey Settlement a deserted rural settlement which is a post medieval enclosure comprising of three platforms upon which were constructed buildings. This deserted medieval village is sited halfway up the hill slope and as such does not appear to owe its location to an elevated hilltop position for visibility or defence, and as such I would agree with the findings of CPAT and would not consider that a single turbine of the height and position proposed would have a visual impact on the Scheduled Ancient Monument.

I would therefore not object to this application on built heritage grounds.

Clwyd Powys Archaeological Trust

Correspondence received 2nd July 2015 –

Thank you for the consultation on this application.

We note the additional information on cultural heritage impacts in section 9.5 of the design and access statement and the overall reduction in height of the turbine.

Given the lack of visual impact on the two nearest listed buildings and the distant views from the nearest scheduled monument we would have no objection this application.

Correspondence received 24th February 2016 –

Thank you for the consultation on this additional information.

I can confirm that we have no new comments to add in this case.

Cadw

Correspondence received 15th July 2015 –

Cadw’s role in the planning process is to provide the local planning authority with an assessment concerned with the likely impact that the proposal will have on scheduled monuments or registered historic parks and gardens. It is a matter for the local planning authority to then weigh Cadw’s assessment against all the other material considerations in determining whether to approve planning permission, including issues concerned with listed buildings and conservation areas.

The proposed development is located within the vicinity of the following scheduled monuments known as:

RD011 Cwm Cefn y Gaer RD093 Camp W of Cwm Cefn y Gaer RD094 Camp SW of Castell Cwm Aran RD095 Castell Cwm Aran RD110 Rhos Crug Round Barrows RD172 Ffoeslaprey Settlement RD269 Rhos-crug Hut Platform (W)

The turbine will be visible from RD011 and RD093 but given the distance from the monuments and the size of the turbine will have a minimal impact on the setting of these monuments.

RD093 Camp West of Cwm Cefn y Gaer is located in an elevated position with all round views some 2.6km south of the proposed turbine. It is an Iron Age univallate hillfort with well preserved banks and ditches. The turbine will be clearly visible in views to the north over Coxhead Bank Common but the presence of the Rhos Crug ridge behind it will reduce the impact of the modern vertical revolving structure on the setting of the designated monument to negligible.

RD095 Castell Cwm Aran is located some 2.18km south of the proposed turbine. It is a 12th century motte and bailey earthwork castle. It is located at a crossing point on the Cwmaran that it would have controlled. The turbine will be seen in long views to the north of the designated monument and will add a modern vertical revolving structure to the skyline; however given the size of the turbine and the distance there will be a negligible impact on the setting of the designated monument

RD110 Rhos Crug Round Barrows are located on 2 summits of the Rhos Crug ridge with the closest being some 1.8km to the northeast of the proposed turbine. The barrows are at a much higher height than the turbine and therefore it will not be seen on the skyline from the designated monument but merging into the background hills, this will lower the impact of its presence in the views and whilst the barrows have an all-round view, the most significant views are between themselves and with the barrows located on Beacon Hill to the northwest.

RD172 is located on a south facing slope some 1.4 km to the northeast of the proposed turbine location. It consists of the remains of a deserted rural settlement, probably dating to the medieval or post-medieval period. There are three large, well defined house platforms, varying from 22 to 31m in length, built on sloping ground close to a source of water. The turbine will be visible on the skyline to the southwest of the designated monument, but will be partly screened by existing vegetation. This will therefore have an impact on the setting of the monument, but, as in this case the views from the site are not major contributor to the significance of the monument, this will be low.

RD269 Rhos-Crug Hut Platform (W) is located slightly further up the south facing slope on which RD172 is sited some 1.72km to the northeast of the proposed turbine, The views are not a significant contributor to the significance of this designated monument (as in RD172).

In conclusion the proposed turbine is located in prominent position but it will not have more than a low impact on the setting of the identified designated monuments.

Ramblers Association:

No comment received.

British Horse Society

No comment received.

Llanbadarn Fynydd CC

No comment received.

Beguildy Community Council

Beguildy Community Council offered no comment on this single turbine because it was out of our area other than they were concerned of the proliferation of single wind turbines in our area.

Ministry of Defence

Thank you for consulting the Ministry of Defence (MOD) on the above Planning Application in your communication dated 25/06/15 received in this office 03/07/2015.

I am writing to tell you that the MOD has no objection to the proposal.

The application is for 1 turbine at 36.6 metres to blade tip. This has been assessed using the grid references below as submitted in the planning application or in the developers’ or your pro-forma.

The principal safeguarding concern of the MOD with respect to the development of wind turbines relates to their potential to create a physical obstruction to air traffic movements and cause interference to Air Traffic Control and Air Defence radar installations.

Defence Infrastructure Organisation Safeguarding wishes to be consulted and notified of the progression of planning applications and submissions relating to this proposal to verify that it will not adversely affect defence interests. If planning permission is granted we would like to be advised of the following prior to commencement of construction;

· the date construction starts and ends; · the maximum height of construction equipment; · the latitude and longitude of every turbine.

This information is vital as it will be plotted on flying charts to make sure that military aircraft avoid this area. If the application is altered in any way we must be consulted again as even the slightest change could unacceptably affect us.

I hope this adequately explains our position on the matter. If you require further information or would like to discuss this matter further please do not hesitate to contact me.

Wales and West

According to our mains records, Wales & West Utilities has no apparatus in the area of your enquiry. However Gas pipes owned by other GT's and also privately owned may be present in this area.

Llangunllo Community Council

The Community Council met this evening and discussed the above application and raised no objection therefore does not wish to make further comment.

Llanfihangel Rhydithon Community Council

No Community Council comments received at the time of writing this report.

Llanddewi Ystrad Community Council

No Community Council comments received at the time of writing this report.

Abbey Cwmhirr Community Council

No Community Council comments received at the time of writing this report.

Cllr J Brunt

No Local Member representation received at the time of writing this report.

Cllr Hywel Lewis

No Local Member representation received at the time of writing this report.

Cllr David O Evans

No Local Member representation received at the time of writing this report.

Representations

The proposed development has been advertised by site display and neighbour notification.

At the time of writing this report, two letters of objection have been received by Development Management. The concerns expressed therein can be summarised as follows;

. Unacceptable photomontages – exposure too dark; . Inadequate assessment of cumulative impact – omission of consented turbines; . Incorrect noise and shadow flicker assessments – incorrect height referenced; . Bat survey missing from submission although reference within the ecological appraisal;

In addition to the above, concern has been offered regarding the location of the site notice and failure to comply with publicity requirements. Members are advised that Article 12 of the Town and Country (Development Management Procedure) Order 2012 (as amended) requires Local Planning Authorities to publicise the application by giving requisite notice by site display (on or near the land to which the application relates) or by serving notice on any adjoining landowner. Given the location of the proposed development, a site notice was displayed at the junction of the county class III highway and B-road. In addition, neighbour notification letters were sent to adjoining land owners. In light of the above and notwithstanding the concerns expressed, Officers are satisfied that the proposed development was advertised in accordance with the requirements of the aforementioned Order.

Planning History

P/2014/0271 – Full: Erection of a 100kw wind turbine measuring 39.65 metres to blade tip and 29.33 metres to hub. Application withdrawn.

Principal Planning Constraints

-Scheduled Ancient Monuments. -Listed Buildings.

-Public Right of Way – Bridleway within 202 metres of the application site; -The River Arran (tributary of River Ithon SSSI and River Wye SAC) located within proximity of the application site.

Principal Planning Policies

National Planning Policy

Planning Policy Wales (2016)

Technical Advice Note 5 – Nature Conservation and Planning (2009) Technical Advice Note 6 – Planning for Sustainable Rural Communities (2010) Technical Advice Note 8 – Renewable Energy (2005) Technical Advice Note 11 – Noise (1997) Technical Advice Note 13 – Tourism (1997) Technical Advice Note 16 – Sport, Recreation and Open Space (2009) Technical Advice Note 18 – Transport (2007) Technical Advice Note 23 – Economic Development (2014)

Welsh Office Circular 60/96: Planning and the Historic Environment: Archaeology

Welsh Officer Circular 61/96: Planning and the Historic Environment: Historic Buildings and Conservation Areas

Wales Tourist Board (2003) Investigation into the Potential Impact of Wind Farms on Tourism in Wales, Cardiff: Wales Tourist Board.

The Economic Impact of Wind Farms on Tourism – Study into the potential economic impact of wind farms and associated grid infrastructure on the Welsh tourism sector (2014)

Local Planning Policy

Powys Unitary Development Plan (2010)

SP3 – Natural, Historic and Built Heritage SP12 – Energy Conservation and Generation GP1 – Development Control GP3 – Design and Energy Conservation GP4 – Highway and Parking Requirements ENV1 – Agricultural Land ENV2 – Safeguarding the Landscape ENV3 – Safeguarding Biodiversity and Natural Habitats ENV4 – Internationally Important Sites ENV5 – Nationally Important Sites ENV6 – Sites of Regional and Local Importance ENV7 – Protected Species ENV14 – Listed Buildings ENV17 – Ancient Monuments and Archaeological Sites ENV18 – Development Proposals Affecting Archaeological Sites EC1 – Business, Industrial and Commercial Developments

EC7 – Farm/Forestry Diversification for Employment Purposes in the Open Countryside T2 – Traffic Management T3 – Transport Assessment and Travel Plans TR2 – Tourist Attractions and Development Areas RL6 – Rights of Way and Access to the Countryside E3 – Wind Power E4 – Removal of Redundant Wind Turbines DC9 – Protection of Water Resources DC13 – Surface Water Drainage

RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement

Officer Appraisal

Introduction

Members are advised to consider this application in accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004, which requires that, if regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise

Principle of Development

Planning Policy Wales acknowledges that the generation of wind energy is a key feature in achieving the vision for renewable electricity production in Wales. It also provides an opportunity to sustain and diversify farming activities within rural areas. Policy therefore seeks to promote proposals for renewable energy developments where appropriate however emphasises that the generation of renewable energy should not be at the expense of the character and appearance of the landscape and therefore a careful balance is needed.

In light of the above, it is considered that the proposed development is broadly supported by both national and local planning policy guidance. As such, the proposal is considered to be fundamentally acceptable in principle.

Farm Diversification

Information submitted in support of the proposed turbine development indicates that the proposal will reduce the existing farm’s reliance on imported electricity but also generate an additional source of income by virtue of the feed in tariffs.

On this basis, it is acknowledged that the combined benefits would diversify the farms income sources and reduce expenditure thus helping to secure the future sustainability of the existing enterprise. In considering the proposed development, Members are advised that weight needs to be given to the case for farm diversification as encouraged by Planning Policy Wales and Technical Advice Note 6.

Landscape and Visual Impact (including cumulative: existing, proposed and consented schemes)

Guidance within policy E3 indicates that proposals for wind turbine development will only be permitted where they do not unacceptably adversely affect the environmental and landscape quality of Powys.

The application is accompanied by a Landscape and Visual Impact Assessment (LVIA) which includes a Zone of Theoretical Visibility (to blade tip) together with photomontages and cumulative assessment across a 10km radius. The details submitted indicate that the proposed turbine will be visible from the surrounding settlements including Llanbister Road, Moelfre City, residential properties, public rights of way (bridleways and footpaths) and the public highway.

The submitted LVIA confirms that the application site is located within the Rolling Hills, Central Southeast aspect area which is characterised as generally peaceful, settled farmland with pleasant views comprising of rolling hills and valleys with strong pastoral field patterns, wooded watercourses and scattered trees and small woodlands. Whilst LANDMAP recognises the scenic value of the landscape and high degree of coherence, there is only a moderate degree of rarity and as such, it overall visual and sensory value is defined as moderate.

The most significant component of the development in landscape and visual impact terms is considered to be the proposed turbine. At approximately 36.6 metres to blade tip, 24.8 metres to hub height and with a rotor diameter of 23.5m, the turbine would be viewed as a new vertical, moving and man-made element within the rural landscape.

The area immediately surrounding the application site is crossed by a network of public rights. There is a bridleway within approximately 202 metres of the application site, namely LB606 located to the east of the proposed turbine. Given the proximity of the proposed turbine to this bridleways together with the blade tip height, Officers consider that the proposed wind turbine would appear a dominant feature within the landscape when viewed from this distance as demonstrated by Viewpoint One. Views from longer distant rights of ways including Glyndwrs Way vary depending upon topography and elevation and whilst it is acknowledged that the proposed wind turbine will remain visible within the landscape, from distance locations, it would be seen against the backdrop of existing landforms.

The proposed turbine would be visible from various roads within the surrounding area. The principal public highway in the study area is the B4356, located approximately 1000 metres north of the proposed turbine. Whilst the ZTV’s indicate that there will be recurrent views of the turbine as highway users traverse the study area from north west to south east, Officers consider that these views are likely to be fleeting from the road corridor. Furthermore, whilst it is acknowledged that the proposed turbine would be visible from the B4356 (viewpoint 5), it is not considered that the proposal would appear unduly dominant on the ridgeline.

The submitted ZTV’s and photomontages confirm that the proposed turbine will be visible from Open Access Land (Common Land) Glyndwrs National Trail and National Cycle Route, the users of which are considered to be highly sensitive receptors. Whilst visible from these locations, given the noted distances, intervening topography and position below the skyline, it is not considered that the landscape and visual impact would be unacceptable.

In considering landscape and visual impact, UDP policy E3 requires consideration to be given to potential cumulative impact and as such asks that the proposal be assessed in combination with all existing, proposed and consented wind turbines.

The Landscape and Visual Impact Assessment sought to identify likely cumulative effects of development by assessing the potential visibility of other existing and permitted schemes. A 10km radius has been defined based upon the LVIA submitted and theoretical visibility of the proposed turbine, the visibility of which reduces significantly beyond a distance of 10km. Having undertaken a review of all pending, operational and consented wind turbines within the study area, Members are advised that the following turbines should be considered in the assessment of potential cumulative impact;

. P/2013/0595 – Full: Erection of a single wind turbine measuring 45.07 metres to blade tip, 30.5 metres to hub at Bryndraenog, Dutlas, Knighton. Operational. . P/2015/0067 – Full: Installation of a single wind turbine measuring 48.4 metres to blade tip, 36.6 metres to hub at Lower Vedwllwyd, Dutlas, Knighton. Refused. . P/2014/0673 – Full: Erection of a single turbine measuring 22.41 metres to blade tip, 18.77 metres to hub at Round Buildings, Llanbister Road, Llandrindod Wells. Consented. . P/2012/0857 – Full: Erection of 6 wind turbines measuring 24.8 metres to blade tip at Dollasey, Bleddfa. Pending determination. . P/2010/1347 – Full: Erection of a wind turbine measuring 27 metres to blade tip at Treforgan, Dolau. Operational. . P/2011/0708 – Full: Erection of a wind turbine measuring 15 metres to hub at Castlepren, Llanbister Road. Operational. . P/2013/0702 – Full: Erection of a single wind turbine measuring 67 metres to blade tip, 40 metres to hub at Upper Farm, Dolau. Consented. . P/2014/0507 – Full: Full: Installation of single 500 kw wind turbine 77m to blade tip height and 50m to hub height, upgrading of existing access track, construction of new access track and associated infrastructure at Cefncynfal, Llanddewi. Operational. . P/2014/0665 - Full: Installation of wind turbine (34.5 metres to tip height and 24.8 metres to hub height) with control box and associated works at Vronladies, Llangunllo. Consented. . P/2015/0247 - Full: Installation of Endurance X35 225 kW wind turbine with a tip height of 48.01 metres and hub height of 30.52 metres and associated infrastructure including control kiosk, underground cabling, crane pad and creation of access track on land near Craig Hill, Bleddfa. . P/2015/0774 - Full: Erection of turbine with a blade tip height of 45.07m and hub height of 30.52 m together with associated infrastructure and creation of new access track on land at Beddugre Farm, Llanddewi. . P/2008/0785 - Full: Erection of 23 Wind Turbines, Wind Monitoring Mast, Access Tracks, Crane Hardstandings, Water Crossings, Control Building, Substation Compound, Car Park, Offside Road improvements, Temporary Compounds, Borrow Pits, Masts & Welfare Facilities on land at Garreg Lwyd Hill Between Felindre & Llanbadarn Fynydd. . P/2009/0384 – Full – 12 turbines, Bryngydfa – Pending determination.

Having carefully assessed potential cumulative impact and notwithstanding the omission of existing, proposed and consented wind turbines from the submitted LVIA, Officers do not consider that the impact of the proposed development in combination with neighbouring wind

19 farm developments would be unacceptably detrimental to the quality, character and appearance of the surrounding landscape.

Development Management acknowledges that the proposed development will introduce a man-made, vertical feature within the landscape, which in some locations will be visible through intrusion and obstruction. Nevertheless, the submitted ZVT’s are based upon bare terrain and do not take account of minor topographical features, vegetation and built structures which reduce the extent of the turbine that will be visible from any one location. Views of the turbine from the public highway are likely to be fleeting along short stretches of road whilst the views of the proposed turbine from the surrounding public rights of way network and open access land would, in the opinion of Officers, be reduced by intervening landscaping, distance and topography.

In light of the above observations, notwithstanding the sensitivity of the surrounding landscape together with the concerns expressed by interested parties, given existing landscape features, topography and relative distances from the identified receptors, it is not considered that the proposed turbine will have an unacceptable impact on the character and appearance of the landscape. Development Management therefore considers the proposed development to be in accordance with planning policy, particularly policies ENV2 and E3 of the Powys Unitary Development Plan.

Highway Safety and Movement

UDP policy E3 indicates that turbine proposals will only be permitted where the site is capable of being served by an acceptable means of highway access and any new or improved roads and accesses required would not have unacceptable environmental impacts.

Vehicular access to the site is provided via an existing access off the county class III highway. Following initial consultation, the Highway Authority requested additional information regarding vehicular movements and sizes whilst Welsh Government requested confirmation of the delivery route given the potential for Abnormal Indivisible Loads (AILs) travelling along the A483 trunk road.

Subsequent to the above requests, the applicant’s agent provided confirmation that the proposal would not involve AIL’s and further confirmed that the proposal would generate the following vehicular movements;

. One excavator to prepare the site (arrives and departs on the same day);

. Up to six concrete mixers vehicles to deliver the concrete foundations (spread over the course of one week)

. One 50T crane and one 100T crane (arrive together and then depart four to five days later). Largest of the construction vehicles is the 100T crane which measures 12.95m in length, 2.8m in width and weighs 48 tonnes. The cranes would be present on site for a period of approximately 1 week during the installation of the proposed turbine. The timescales of the installation is also dependent on weather conditions.

. Two 45 feet articulated vehicles – one for the tower sections (bottom and middle and top approximately 20 tonnes) and one for the three blades, hub and nacelle,

(approximately 6.5 tonnes). Blades are known to be the longest component of the turbine being approximately 11.5m long. All articulated lorries would arrive together and depart within 1 day.

. Construction staff vehicles. It is likely that there will be no more than 10 construction staff, and these will travel to and from the site each day over the one week construction period.

Having carefully considered the proposal and given the nature of the proposal, Officers are satisfied that the existing access is suitable and therefore, it is considered unlikely that the proposed development will have an unacceptable adverse impact on highway safety. This stance is supported by the Highway Authority and Welsh Government following further assessment of the additional information provided.

In light of the above observations and subject to the said condition, it is considered that the proposed turbine development is broadly in accordance with policies GP4 and E3 of the Powys Unitary Development Plan, Technical Advice Note 18 and Planning Policy Wales.

Cultural Heritage

The key impacts of wind turbine developments on features of cultural heritage (such as scheduled ancient monuments and listed buildings) include direct impacts on the physical asset together with potential indirect impacts on the setting.

Whilst acknowledging that the landscape surrounding the proposed wind turbine is not detailed on the Landscape Register, Officers consider that the landscape is significant in terms of its cultural and historic interest. Consideration of the potential impacts as detailed above is detailed below.

Listed Buildings

Planning Policy Wales states that where a development proposal affects a listed building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses. This guidance is also contained within Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

It is noted that there are a number of listed buildings within 5 km of the proposed site of development as highlighted within the Built Heritage response above. Nevertheless, due to the topography of the area, it is considered that there are relatively limited opportunities for the turbine and the historic assets to be viewed together. Within 1km of the application site, there are two listed buildings, namely Great Cantal and The Old House at Cantal which are of Grade II status.

In assessing the potential impact on Great Cantal and the Old House being the closest historic buildings (within 1km), the Built Heritage Officer confirms that the properties will not be inter-visible with the proposed turbine given existing screening and topography. As such, it is not considered that the proposed turbine development will unacceptably adversely affect the setting of these grade II listed buildings. In light of the above and having carefully the proposed development, Officers consider the proposed development to be in accordance

21 with policies ENV14 and E3 of the Powys Unitary Development Plan, Welsh Office Circular 61/96 and Planning Policy Wales.

Scheduled Ancient Monuments

The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application. Where nationally important archaeological remains and their setting are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. In cases involving lesser archaeological remains, local planning authorities will need to weigh the relative importance of archaeology against other factors, including the need for the proposed development.

Cadw confirm that there are a number of Scheduled Ancient Monuments within 3 km of the proposed site of development. In the interests of clarity, the identified monuments are listed below;

RD011 - Cwm Cefn y Gaer RD093 - Camp W of Cwm Cefn y Gaer RD094 - Camp SW of Castell Cwm Aran RD095 - Castell Cwm Aran RD110 - Rhos Crug Round Barrows RD172 - Ffoeslaprey Settlement RD269 - Rhos-crug Hut Platform (W)

RD172 is located on a south facing slope some 1.4 km to the northeast of the proposed turbine location and is the closest asset to the application site. Cadw confirm that this monument consists of the remains of a deserted rural settlement, dating to the medieval or post-medieval period. There are three large, well defined house platforms, varying from 22 to 31m in length, built on sloping ground close to a source of water. Although the proposed turbine will be visible on the skyline to the southwest of the designated monument, it is noted that this will be partly screened by existing vegetation. Whilst Cadw acknowledges that the proposed development will impact on the setting of the monument, as the views from the site are not considered to be a major contributor to the significance of the monument, the degree of impact is considered to be low. As such and in accordance with UDP policy ENV17, Officers do not consider that the proposal will unacceptably adversely affect the setting of the scheduled ancient monument.

Thereafter, in assessing potential impact on the remaining scheduled ancient monuments, Cadw confirm that by virtue of the intervening landscaping, topography, noted distances and scale of the proposed turbine, it is unlikely that the proposal will adversely affect the setting of these historic features.

In light of the above and comments received, it is not considered that the proposed wind turbine development will have an unacceptable adverse impact on the setting of the identified scheduled ancient monuments. It is therefore considered that the proposed development is fundamentally in accordance with policies ENV17, ENV18 and E3 of the Powys Unitary Development Plan, Welsh Office Circular 60/96 and Planning Policy Wales.

Impact on residential amenity

UDP policy E3 indicates that wind turbine proposals will only be permitted where they do not unacceptably adversely affect the occupants or users of sensitive properties or their amenities by reasons of noise, vibration, shadow flicker or reflected lights.

Noise Impact

Wind turbine developments generate noise, both during construction and operation. Whilst construction noise is regarded as temporary, careful consideration needs to be given to noise generated by the operation of turbines in order to safeguard residential amenity. The closest non associated property is located approximately 900 metres to the north of the proposed turbine.

National policy and guidance refers to the need for operational noise levels to fall within the established limits of ETSU-R-97 (The Assessment and Rating of Noise from Wind farms (1997) Energy Technology Support Unit). This guidance sets out indicative noise levels thought to offer a reasonable degree of protection to wind farm neighbours, without placing unreasonable restrictions on wind farms. ETSU-R-97 is supported as an appropriate standard in Technical Advice Note 8. The levels are set relative to background noise limits, rather than as absolute limits, with separate limits for day-time and night-time. They are presented in a manner that makes them suitable for noise related planning conditions.

Following consultation, the Council’s Environmental Health Officer has advised that the noise data provided indicates that the proposed wind turbine will operate within the parameters of the ETSU guidance and therefore subject to appropriate conditions controlling noise output, the proposal would not adversely affect the amenities enjoyed by neighbouring properties by reasons of noise.

Notwithstanding the response received, Officers note that the technical data provided refers to a wind turbine measuring 22.6 metres to hub height which differs to the proposed wind turbine (24.8 metres). Members are advised that Officers are currently in the process of seeking further clarification from the Environmental Health Officer however this is not available at the time of writing this report. This matter however will be addressed in advance of the Committee meeting and report to Members within the update.

Shadow Flicker

Guidance suggests that shadow flicker occurs mainly at distances no more than ten rotor diameters. The proposed turbine has a rotor diameter of approximately 23.5 metres. As highlighted, the nearest non-associated residential property is located approximately 900 metres from the proposed turbine which is in excess of 235 metres. As such, it is not considered that the proposed development will have an unacceptable impact resulting from shadow flicker. The proposed development therefore is compliant with policies GP1 and E3 in this respect.

Impact on public rights of way/bridleways

UDP policy E3 indicates that turbine proposals will only be permitted where they do not unacceptably adversely affect the enjoyment and safe use of highways and the public rights of way network especially bridleways (including during the construction period).

Members are advised that Countryside Services recommend that turbines are kept at least tip height from footpaths and 200m from public rights of way of bridleway status or higher.

Following consultation, the Countryside Services department has confirmed that this turbine satisfies the recommended distance from the nearest bridleway (202 metres to the east) and therefore no objection to the proposal is offered subject to an appropriate informative being attached advising that landowner of their duty to keep rights of way unobstructed.

On the basis of the above, it is considered unlikely that the proposed development will have an unacceptable adverse impact on the enjoyment and safe use of the public rights of way network and therefore, the proposed development is considered to be in accordance with planning policy, particularly policies E3 and RL6 of the Powys UDP.

Ecological impact

UDP policies ENV3, ENV7 and E3 seek to safeguard biodiversity, protected species and their habitats. This is further supported by Technical Advice Note 5, Planning Policy Wales and legal duties placed on the Local Planning Authority.

The proposed site of development is located within approximately 900 metres of the River Aran which forms part of the River Ithon Site of Special Scientific Interested (SSSI) and River Wye Special Area of Conservation (SAC). It is noted that the proposed route for the cabling associated with the proposed development crosses the River Aran and therefore has the potential to affect the integrity of the designated sites.

Given the potential impact, a Habitats Regulations Assessment (HRA) has been undertaken. The application is accompanied by a Cable Pollution Prevention Plan which details the timing and method of works together with pollution control measures to assist the undertaking of the HRA. Having carefully assessed the likely impacts, the County Ecologist has confirmed that subject to compliance with the above plan, the proposed development will not have a likely significant effect on the River Wye SAC. This conclusion is supported by Natural Resources Wales.

In addition to the above, the application is accompanied by an ecological appraisal which includes a protected species surveys. Consideration is further given to the potential impacts on otters, birds and curlews. Following recent consultation, Natural Resources Wales has confirmed that the ecological surveys have been undertaken to an appropriate standard and the conclusions therein are considered to be satisfactory. Whilst it is noted that precautionary conditions in respect of curlews were originally recommended by NRW, their response of the 9th March 2016 confirms that these are no longer necessary having further reviewed the assessments submitted.

On the basis of the information submitted and NRW consultation responses, Development Management considers that sufficient information has been provided to enable Officers to make an informed judgement regarding potential impact on protected species and biodiversity. Subject to appropriate conditions, it is not considered that the proposed development will compromise protected species or curlews at this location, or adversely affect the integrity of designated sites. As such, it is considered that the proposed development is in acordance with planning policy, particularly policies ENV3, ENV4, ENV5, ENV6, ENV7 and

E3 of the Powys UDP, Technical Advice Note 5 – Nature Conservation and Planning and Planning Policy Wales.

Notwithstanding the above, a formal consultation response from the County Ecologist is outstanding at the time of writing this report. Officers however will look to secure an appropriate response in advance of the Committee meeting and report this to Members in the update.

Social and economic impact

The Mid Wales Tourism Strategy (TPMW, 2011) recognises the natural environment as Powys’ key visitor asset. Wind energy development, through landscape and visual impact has the potential to alter the natural environment by changing the landscape character and visual amenity. The proposed turbine is located within proximity of recreational and tourism assets including public rights of way. Within immediate proximity there are footpaths and sections of Glyndwrs Way and National Cycle Trail which travel through the 10km study area as detailed within the LVIA. The visibility of the turbine from the nearby public rights of ways and long distance trails is discussed in the section above as is the impact upon other identified recreational and tourism facilities and the wider landscape.

Policy TR2 of the Unitary Development Plan states that development of any kind which would have an unacceptable adverse effect upon the environmental setting of established tourist attractions will be opposed. There is however limited information available on the impact of wind energy development on local economies particularly tourism.

Research has been carried out in the United Kingdom to establish whether wind farms are seen as having a negative impact on tourism. A study carried out by the University of Edinburgh as a submission to the Renewables Inquiry of the Scottish Government entitled “Tourism impact on wind farms” and provided the following conclusion: “In conclusion, the findings from both primary and secondary research relating to the actual and potential tourism impact of wind farms indicate that there will be neither an overall decline in the number of tourists visiting an area nor any overall financial loss in tourism related earnings as a result of a wind farm development.”

It is advised that consideration is also given to the “Study into the Potential Economic Impact of Wind Farms and Associated Grid Infrastructure on the Welsh Tourism Sector” by Regeneris Consulting Ltd (February 2014) for the Welsh Government. This is an up to date piece of research and is specific to Wales. It is an extensive report which takes in a wide variety of literature and uses case studies to look at the impact of wind farm development. The study is complex, but it is considered reasonable to state that it emphasises the need to look at each case and situation on its own merits. The study offers the following advice in relation to the scale of development and potential considerations:

“5.54 The authors of this study argue that it is the degree to which a development changes the character of the landscape rather than its absolute size that is the driving factor. While there is clearly a relationship between turbine size and number of turbines and the impact on landscape character these findings suggest that landscape context is as important as the characteristics of the development itself in determining impact. That is, a large wind farm in a landscape with lots of other man-made structures could have less of an impact than a single turbine in an area of particularly high landscape value’.

5.55 This suggests that the context for the development is a critical factor in determining potential tourism impacts. The findings of relevant studies suggest that the context for the development influences three inter-related factors: the nature of the landscape, the importance of landscape in an area’s tourism offer and the characteristics and interests of visitors to a particular tourism area.”

The report tends to focus on the large scale wind farm development where there is significant landscape change. Paragraphs 5.54 and 5.55 do it is considered highlight the potential for harm to tourism from a single turbine in an inappropriate location. The suggested considerations in 5.55 are considered helpful in assessing this issue e.g. the need to consider the nature of the landscape (and the nature of the change from the turbine), the importance of the landscape in an area’s tourism offer and the characteristics and interests of visitors to a particular tourism area.

The report also identifies that there may be higher sensitivity to wind farms for certain visitor markets in close proximity to wind farms, stating:

“9.17 While most of the evidence points toward limited impacts on tourism from wind farms, there are examples of certain locations which are, on balance, more sensitive to wind farm development. This is on account of their landscapes, types of visitor, limited product diversity and proximity to wind farms. This is particularly the case where the key visitor markets are older people visiting for the tranquillity, remoteness and natural scenery offered in some parts of Wales. Remoter parts of Powys are the most notable examples of where this may be the case.

9.18 In these locations, the study has concluded that the potential negative effect on visitor numbers may still be low overall, but in some circumstances could be moderate. The case studies have revealed that there is clearly a great deal of uncertainty around the potential impact which may arise in practice. Greatest concern exists amongst areas and businesses closest to wind farms and appealing to visitor markets most sensitive to changes in landscape quality. The case studies did highlight some businesses reporting negative reaction from visitors and also holding back investment on account of the uncertain impact, although a majority were not affected negatively at all.

9.19 Although these areas account for a small proportion of tourism employment in Wales as a whole, the narrow economic base in these areas means the sector is an important source of local employment and income. The businesses in these locations may be sensitive even to small changes in visitor numbers as a result of wind farm development. They may have a particular challenge for businesses replacing those visitors which are deterred in areas where there may be limited appeal for other visitor markets.”

The research is not considered to be a categorical statement on the positive or negative impact of wind turbines on tourism. There is also likely to be other research available, but as a Local Planning Authority we are not aware of robust evidence of a detrimental impact. The whole issue of detrimental tourism impacts is a nebulous issue vulnerable to assessment by assumption rather than by evidence. There is little general evidence to support the assertion that the development of wind turbines will always have a detrimental economic impact on tourism.

Whilst the above considers the general situation and identifies some points raised by relevant research; the important consideration to take into account is the impact of this specific

26 proposal on tourism. The area has a scenic value and there are public rights of way within immediate proximity of the application site, all of which are likely to be appreciated by tourists.

The area has a scenic value and there are a number of recreational assets as highlighted previously within the report, all of which are likely to be appreciated by tourists, including horse riders and ramblers. The area in which the proposed turbine will be located is considered to be generally attractive and relatively tranquil. No particular tourism issue has been drawn to the attention of the local planning authority, beyond the identification of Public Rights of Way and Highways in the locality and the potential of certain groups to be sensitive to the impact of turbines. This should be seen in the context of relatively low tourist numbers and the suggestion that areas of Powys maybe more sensitive due to their remote unspoilt nature and tourism offer as indicated in the 2014 Welsh Government research.

As articulated in the section relating to Landscape and Visual Impact, Development Management does not consider that the proposed turbine, by virtue of its scale, location and in combination impacts, will not have an unacceptable adverse impact on the character and appearance of the landscape. Advising on the impact on tourism however is difficult and the Local Planning Authority must be wary of straying into areas of un-evidenced assumption. While it may seem reasonable to consider that some visitors or that particular types of tourists such as horse riders and ramblers could be put off by wind farm development in this general area, this is not well evidenced. Given the lack of evidence, Members are advised that a recommendation for refusal on the grounds of an adverse impact on tourism is considered difficult to sustain.

Recommendation

Having carefully considered the proposed development, Officers are satisfied that the proposed development is in accordance with planning policy. In light of the above the recommendation is one of conditional approval.

Conditions:

1. The development to which this permission relates shall be begun no later than the expiration of five years from the date of this permission.

2. The development shall be carried out strictly in accordance with the plans received 25th June 2015 stamped as approved (drawing no’s. 001, 002 and E-4660 Elevation) and documents received 25th June 2015 (DAS, LVIA, Ecological Assessment, Shadow Flicker and Noise Assessment) 12th August 2015 (Transportation Details) 10th December 2015 (Pollution Prevention Plan) and 25th February 2016 (Bat Survey dated 7th November 2014)

3. Notwithstanding the approved drawings, prior to the commencement of development, details of a non-reflective finish to be applied externally to the turbine mast shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be fully implemented strictly in accordance with the details so approved.

4. The proposed turbine once implemented shall be removed from the application site and the land restored to grassland should the turbine cease operation (i.e. generating electricity)

27 for a continuous time period in excess of six months. The outline removal shall take place within six months from the six month period referred to in the first part of this condition.

5. At the end of the 25 year period, the turbine shall be decommissioned and all related above ground structures shall be removed from the site. Twelve months before the decommissioning of the turbine, a scheme for the restoration of the site shall be submitted to the Local Planning Authority for approval in writing. The scheme shall make provision for the removal of the wind turbine and the associated ancillary equipment. The scheme shall include details of the management and timing for the works to be completed. All decommissioning and restoration works shall thereafter be carried out in strict accordance with the approved scheme.

6. The wind turbine noise level measured shall be in accordance with the guidance contained within the Department of Trade and Industry Report ‘The Assessment and Rating of Noise from Wind Farms’ (ETSU-R-97) and, as such, shall not exceed an absolute noise level of 35 dB expressed as L A90 10min at any existing dwelling with a non-financial involvement, up to on-site wind speeds of 10m/s measured at a height of 10m.

7. The level of noise emitted by the wind turbine shall be demonstrated at the request of the Local Planning Authority. Should the wind turbine be identified as operating at an absolute noise level that exceeds 35 dB expressed as L A90 10min at any existing dwelling that is not financially involved, and 45 dB at Great Cantal up to on-site wind speeds of 10m/s measured at a height of 10m, the turbine shall be taken out of use until such time as maintenance or repair is undertaken sufficient to reduce the absolute noise level of the operating turbine to within the parameters specified in condition 6.

8. Prior to commencement of development full details of any lighting to be used in connection with the turbine shall be submitted to and agreed in writing by the Local Planning Authority. The development shall thereafter be undertaken strictly in accordance with the details so approved.

9. The development shall be undertaken strictly in accordance with the Pollution Prevention Plan dated 9th December 2015 unless otherwise agreed in writing by the Local Planning Authority.

10. Within three months of the date of this decision a scheme for the assessment and regulation of Excess Amplitude Modulation (EAM) shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented for the lifetime of the scheme and shall be in general accordance with, if it exists at the time of submission:

(i) relevant guidance endorsed in National Planning Policy; or in the absence of endorsed guidance; (ii) Relevant guidance published or endorsed by the Institute of Acoustics.

Reasons:

1. Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2. To ensure adherence to the plans stamped as approved in the interests of clarity and a satisfactory development.

3. In the interests of the visual amenity of the area and to ensure the satisfactory appearance of the turbine in accordance with policies SP12, GP1, GP3 and E3 of the Powys Unitary Development Plan (March 2010) and Technical Advice Note 8 – Renewable Energy (2005) and Planning Policy Wales (2016).

4. In the interests of the character and appearance of the area, in accordance with policies SP12, GP1, E3 and E4 of the Powys Unitary Development Plan (2010), Technical Advice Note 8: Planning for renewable Energy (2005) and Planning Policy Wales (2016).

5. In order to manage the visual and landscape impact in accordance with policies SP12, GP1, ENV2, E3, E4 of the Powys UDP (March 2010) Technical Advice Note 8 (2005) and Planning Policy Wales (2016).

6. In order to maintain and protect the amenity of nearby residents by the reduction of ambient noise levels to an acceptable level in accordance with the requirements of Section 13.13 (Reducing Noise and Light Pollution) of Planning Policy Wales (2014) Technical Advice Note 11 - Noise (1997) and policies SP12, GP1 and E3 of the Powys Unitary Development Plan (2010).

7. In order to maintain and protect the amenity of nearby residents by the reduction of ambient noise levels to an acceptable level in accordance with the requirements of Section 13.13 (Reducing Noise and Light Pollution) of Planning Policy Wales (2014) Technical Advice Note 11 - Noise (1997) and policies SP12, GP1 and E3 of the Powys Unitary Development Plan (2010).

8. In order to manage the visual impact of the proposed development to an acceptable level, in accordance with policies E3, E4, ENV2 and ENV3 of the Powys Unitary Development Plan (2010), Technical Advice Note 8: Planning for Renewable Energy (2005) and Planning Policy Wales (2016).

9. In order to safeguard the integrity of the River Wye SAC in accordance with policies ENV3, ENV4, ENV5, ENV6 and ENV7 of the Powys Unitary Development Plan (2010), Technical Advice Note 5 – Nature Conservation and Planning (2009), Planning Policy Wales (2016) and NERC Act (2006).

10. In order to protect the amenity of nearby residents, in accordance guidance contained within Planning Policy Wales (Edition 8, February 2016) and policies SP12, GP1 and E3 of the Powys Unitary Development Plan (2010).

______Case Officer: Holly-ann Hobbs- Principal Planning Officer Tel: 01597 827319 E-mail:[email protected]