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NI Report Template The Planning Act 2008 Glyn Rhonwy Pumped Storage (Generating Station) Examining Authority’s Report of Findings and Conclusions and Recommendation to the Secretary of State for Business, Energy and Industrial Strategy _______________________________________ Examining Authority Stuart Cowperthwaite 8 December 2016 This page intentionally left blank Examining Authority’s findings and conclusions and recommendation in respect of an application by Snowdonia Pumped Hydro Limited for an Order granting Development Consent for Glyn Rhonwy Pumped Storage (Generating Station). File Ref EN010072 The application, dated 21 October 2015 was made under section 37 of the Planning Act 2008 and was received in full by The Planning Inspectorate on 21 October 2015. The Applicant is Snowdonia Pumped Hydro Limited. The application was accepted for Examination on 17 November 2015. The Examination of the application began on 8 March 2016 and was completed on 8 September 2016. The Proposed Development is to construct, operate and maintain a pumped hydro-electricity storage facility with a capacity of 1,300,000m3 of stored water and a peak power output of 99.9MWe, together with integral dams, reservoirs, penstocks, tailrace, spillways, pumping station and other works on the slopes of Cefn Du mountain above Llyn Padarn, approximately 1km north west of Llanberis and 11km south east of the town of Caernarfon in the County Borough of Gwynedd. Summary of Recommendation: The Examining Authority recommends that the Secretary of State should make the Order in the form at Appendix D. Report to the Secretary of State 1 Glyn Rhonwy Pumped Storage (Generating Station) Report Contents 1 INTRODUCTION ........................................................................ 4 1.1 BACKGROUND ...................................................................... 4 1.2 STRUCTURE OF THE REPORT ...................................................... 5 1.3 THE EXAMINATION AND PROCEDURAL DECISIONS ............................. 6 1.4 HABITAT REGULATIONS ASSESSMENT ........................................... 8 1.5 SITE INSPECTIONS ................................................................. 8 1.6 LOCAL IMPACT REPORT ............................................................ 9 1.7 STATEMENTS OF COMMON GROUND ............................................. 9 1.8 OTHER CONSENTS REQUIRED..................................................... 9 2 MAIN FEATURES OF THE PROPOSAL AND SITE ....................... 11 2.1 THE APPLICATION AS MADE ..................................................... 11 2.2 THE PROPOSED DEVELOPMENT SITE .......................................... 12 2.3 THE SURROUNDINGS ............................................................ 13 2.4 THE APPLICATION AT THE CLOSE OF EXAMINATION ......................... 14 2.5 RELEVANT PLANNING HISTORY ................................................. 15 3 LEGAL AND POLICY CONTEXT ................................................. 16 3.1 INTRODUCTION ................................................................... 16 3.2 PLANNING ACT 2008 ............................................................ 16 3.3 NATIONAL POLICY STATEMENTS ................................................ 16 3.4 EUROPEAN REQUIREMENTS AND RELATED UK REGULATIONS ............... 19 3.5 WELSH LEGISLATION, POLICY AND GUIDANCE ............................... 22 3.6 OTHER LEGAL AND POLICY PROVISIONS ...................................... 25 3.7 LISTED BUILDINGS, CONSERVATION AREAS AND SCHEDULED MONUMENTS ...................................................................... 27 3.8 LOCAL IMPACT REPORT .......................................................... 27 3.9 THE DEVELOPMENT PLAN AND OTHER LOCAL POLICIES ..................... 27 3.10 'IMPORTANT AND RELEVANT' MATTERS ........................................ 28 3.11 THE SECRETARY OF STATE’S POWERS TO MAKE A DCO ..................... 28 4 FINDINGS AND CONCLUSIONS IN RELATION TO POLICY AND FACTUAL ISSUES .................................................................... 29 4.1 INTRODUCTION AND MAIN ISSUES IN THE EXAMINATION .................. 29 4.2 GENERAL CONSIDERATIONS .................................................... 33 4.3 WATER ENVIRONMENT, CONTAMINATED LAND AND WASTE ................ 43 4.4 BIODIVERSITY, ECOLOGY AND GEOLOGICAL CONSERVATION .............. 84 4.5 TRAFFIC AND TRANSPORTATION ............................................. 110 4.6 NOISE AND VIBRATION ........................................................ 129 4.7 AIR QUALITY .................................................................... 158 4.8 OTHER HEALTH IMPACTS, SAFETY AND SECURITY ......................... 170 4.9 COMMON LAW NUISANCE AND STATUTORY NUISANCE .................... 174 4.10 SOCIO-ECONOMICS, LAND USE AND ACCESSIBILITY ...................... 181 4.11 HISTORIC ENVIRONMENT ..................................................... 202 4.12 GOOD DESIGN; LANDSCAPE AND VISUAL IMPACTS ........................ 218 4.13 DECOMMISSIONING ............................................................ 229 Report to the Secretary of State 2 Glyn Rhonwy Pumped Storage (Generating Station) 5 THE HABITATS REGULATIONS AND THE WATER FRAMEWORK DIRECTIVE ............................................................................ 234 5.1 HABITATS REGULATIONS ...................................................... 234 5.2 WATER FRAMEWORK DIRECTIVE ............................................. 241 6 RECOMMENDATION ON THE CASE FOR DEVELOPMENT ......... 243 6.1 INTRODUCTION ................................................................. 243 6.2 MATTERS TO BE TAKEN INTO ACCOUNT ..................................... 243 6.3 THE NEED CASE AND CONSIDERATION OF ALTERNATIVES ................ 244 6.4 THE LIKELY IMPACTS OF THE PROPOSED DEVELOPMENT ................. 245 6.5 HABITATS REGULATION ASSESSMENT....................................... 254 6.6 CONCLUSIONS ON THE CASE FOR DEVELOPMENT .......................... 255 7 COMPULSORY ACQUISITION AND RELATED MATTERS .......... 258 7.1 INTRODUCTION ................................................................. 258 7.2 REQUIREMENTS OF THE PLANNING ACT 2008 ............................. 258 7.3 CASE FOR DEVELOPMENT ..................................................... 259 7.4 REQUEST FOR COMPULSORY ACQUISITION POWERS ...................... 259 7.5 PURPOSES FOR WHICH THE LAND RIGHTS ARE REQUIRED ................ 259 7.6 HOW THE CASE FOR COMPULSORY ACQUISITION WAS EXAMINED ...... 260 7.7 CONSIDERATION OF THE COMPULSORY ACQUISITION ISSUES .......... 261 7.8 THE RECOMMENDATION ON THE GRANTING OF COMPULSORY ACQUISITION POWERS ........................................................ 266 8 DRAFT DEVELOPMENT CONSENT ORDER (DCO) .................... 268 8.1 INTRODUCTION ................................................................. 268 8.2 PREAMBLE ....................................................................... 272 8.3 ARTICLES ........................................................................ 272 8.4 SCHEDULE 1 PART 1 (AUTHORISED DEVELOPMENT) ...................... 280 8.5 SCHEDULE 1 PART 2 (REQUIREMENTS) ..................................... 281 8.6 PROTECTIVE PROVISIONS ..................................................... 287 8.7 OTHER SCHEDULES ............................................................ 288 8.8 OTHER LEGAL AGREEMENTS AND RELATED DOCUMENTS .................. 289 8.9 CONCLUSIONS ON THE DCO .................................................. 289 9 SUMMARY OF CONCLUSIONS AND RECOMMENDATION ......... 290 9.1 SUMMARY AND CONCLUSIONS ................................................ 290 9.2 RECOMMENDATION ............................................................ 291 Appendices Contents APPENDIX A: EVENTS IN THE EXAMINATION APPENDIX B: EXAMINATION LIBRARY INCLUDING RIES APPENDIX C: LIST OF ABBREVIATIONS APPENDIX D: RECOMMENDED DCO Report to the Secretary of State 3 Glyn Rhonwy Pumped Storage (Generating Station) ERRATA SHEET – Glyn Rhonwy Pumped Storage Generating Station – Ref. EN010072 Examining Authority`s Report of Findings and Conclusions and Recommendation to the Secretary of State for the Department of Energy and Climate Change, dated 8 December 2016 Corrections agreed by the Examining Authority prior to a decision being made Page Paragraph Error Correction No. 61 4.3.115 “.. and a between “.. and a mechanism linking the monitoring and operational monitoring regime directly to management.” operations management.” 68 4.3.164 “..abstraction of from Llyn “..abstraction of water from Llyn Padarn..” Padarn..” 106 4.4.155 “..for tree-rooting bats..” “..for tree-roosting bats..” 112 4.5.20 “..the proposed highway “”..the proposed highway improvements the..” improvements to the..” 114 4.5.32 “..abnormal roads.” “..abnormal loads.” 116 4.5.39 “”..to transport of “..to transport materials..” materials..” 126 4.5.80 “Ffordd Clegir provides “Ffordd Clegir, which connects access from the Llanberis Llanberis to a number of and passes between Q5 properties, passes between Q5 and Q6 on its way to a and Q6...” number of properties..” 128 4.5.97 “..that are more “..that are more sustainable than sustainable that private private car..” car..” 167 4.7.51 “..passive diffusion tubes “..passive NO2 diffusion tubes were given..” were given..” 167 4.7.52 “..were kept within agreed “..were not kept within agreed limits..” limits..” 167 4.7.54 (first “.. trigger levels at there “.. trigger levels at which there bullet) would..” would..” 192 4.10.58 “commitment address” “commitment to
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