Statement of Case David C Bell

Section 36 Electricity Act 1989 VWP/DB/1

Statement of Case prepared by

David C Bell BSc (Hons) DipUD MRTPI M CIHT

in respect of an application under Section 36 of the Electricity Act 1989 for a proposed 17 turbine wind farm at Llanbadarn Fynydd, Powys, Wales. in relation to: Energy and Planning Policy

for

Vattenfall Wind Power Ltd

May 2013

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

Contents

1 Introduction ...... 3 1.1 Scope of Evidence ...... 3 1.2 The Statement of Matters ...... 3 2 Background to the Application ...... 7 2.1 The Application ...... 7 2.2 Summary of Description of Proposed Development ...... 7 2.3 Consideration at Committee ...... 7 3 Statutory and Regulatory Framework ...... 11 3.1 Introduction ...... 11 3.2 Statutory Duties ...... 11 3.3 The Role of the Development Plan in this Case ...... 11 3.4 Conclusions ...... 12 4 Energy Policy Context ...... 13 4.1 Introduction ...... 13 4.2 UK Renewable Energy Policy Context ...... 13 4.3 Welsh Renewable Energy Policy Context ...... 18 5 National Planning Policy ...... 21 5.1 Introduction ...... 21 5.2 National Policy Statements ...... 21 5.3 National Planning Policy – Wales ...... 22 5.4 Planning Policy Wales: Technical Advice Note 8: ‘Planning for Renewable Energy’ (2005)...... 23 5.5 Refinements to SSA C ...... 23 5.6 Consideration of SSA Capacity Matters in Section 36 and NSIP Decisions ...... 25 5.7 Reference to Policy and SSAs in the Cabinet Report for Llanbadarn Fynydd ...... 27 5.8 Conclusions ...... 28 6 Conclusions ...... 30 6.2 The Electricity Act 1989 ...... 30 6.3 Energy Policy Context ...... 30 6.4 National Planning Policy ...... 30 7 Appendix 1: Representation at Hearing ...... 32 7.2 Qualifications ...... 32 7.3 Experience ...... 32

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

1 Introduction

1.1 Scope of Evidence 1.1.1 The purpose of the opening session of the Public Inquiry to be held on 4 – 7 June 2013 is to deal with planning and energy policy: specifically its interpretation and application. This Statement of Case sets out the evidence which will be presented at the Hearing session on behalf of Vattenfall Wind Power Ltd (“VWP”). It has been prepared by Mr David C Bell BSc (Hons) Dip UD MRTPI MCIHT of Jones Lang LaSalle. Mr Bell’s qualifications and experience are set out at Appendix 1 to this Statement of Case. 1.1.2 The Planning Inspectorate (“PINS”) letter to all Applicants to the conjoined Public Inquiry dated 10 April 2013, states that the Inspector has confirmed that the session on interpretation and application of energy and planning policy can best be dealt with as a structured hearing. It adds that as the context on the hierarchy of international, European, UK and Welsh energy obligations, and the policies to implement those obligations (including local policies) is well understood and has been dealt with at many inquiries, it is expected that a great deal of common ground can quickly be reached on these matters. 1.1.3 The letter adds: “It is however, likely that there will be differences between the parties on the inter-relationship and application of the relevant policies to the specific application sites. In particular it would be helpful to explore any differences of view there might be about the inter-relationship between national energy policy statements NPS EN-1 and NPS EN-3, and Welsh policy, including the spatially specific approach and finite environmental capacities for the Strategic Search Areas set out in TAN8 (as clarified in the Minister’s letter of July 2011). In this regard it would also be helpful to explore any differences of view there might be about whether the Llandinam site should be regarded as being within or without SSA C, for the purposes of TAN8 ”. 1.1.4 The Inspector has also requested that evidence should be set out in the format of a Statement of Case rather than a formal proof of evidence. The letter places emphasis on the role of a Statement of Common Ground (“SCG”) and in this regard, Mr Bell has participated in the preparation of a SCG and he has drawn upon it for the purposes of this Statement. 1.1.5 Whilst the PINS letter of 10 April summarises the scope for the first session of the Inquiry, it should be noted that this reflects to a large extent the first three matters, as set out in the Statement of Matters to be considered at the Inquiry, set out by the Secretary of State (“SoS”). These are referred to in more detail in the next section. 1.1.6 The structure of this Statement of Case is as follows: • In Section 2, background information on the Application and its consideration by Powys County Council are referred to. • In Section 3, an overview of the relevant statutory and regulatory framework applicable to the application is set out. • Section 4 addresses relevant national energy policy. • Section 5 addresses the relevant national planning policy context with particular reference to the applicable National Policy Statements. • Section 6 provides overall conclusions for this stage of the Inquiry. 1.2 The Statement of Matters 1.2.1 The Secretary of State has determined that a Public Inquiry should be held into the unresolved objection by Powys County Council (referred to as “PCC” or “the Council”) to the Application.

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

1.2.2 The Notice from the Secretary of State ( CD/COM/011 ) provides a Statement of the Matters which are to be considered at the Inquiry. It states that the following matters appear to him likely to be relevant to his consideration of the proposed development, and which are matters to be considered at the Inquiry, namely: • 1. The extent to which the proposed developments are consistent with the objectives of the Government Policy on the energy mix and maintaining a secure and reliable supply of electricity as the UK makes the transition to a low carbon economy, and achieving climate change goals. • 2. The extent to which the proposed developments are consistent with the policies relating to generation of renewable energy contained within the relevant National Policy Statements for Energy Infrastructure: Overarching National Policy Statement for Energy (EN-1) July 2011 and National Policy Statement for Renewable Energy Infrastructure (EN-3) July 2011; • 3. The extent to which the proposed developments are consistent with Welsh Government and local policies: including Planning Policy Wales, Edition 4 1 (2011); Technical Advice Note 8: Planning for Renewable Energy (2005); and Energy Wales; A Low Carbon Transition (2012); and Powys Unitary Development Plan (adopted March 2010); • 4. The individual and combined landscape and visual impact of the proposed developments taking into account the proximity to Snowdonia National Park (Strategic Search Area B); and cumulative impact with other wind farms in the Powys area which have already been granted planning permission or where planning permission has been applied for; • 5. The individual and combined impact of construction traffic on the surrounding locality, including transportation access routes and traffic management, taking into account the cumulative impact with other wind farms in the Powys area which have already been granted planning permission or where planning permission has been applied for; • 6. The individual and combined impact of noise generated during construction and from the operation of the proposed developments taking into account the cumulative impact with other wind farms in the Powys area which have already been granted planning permission or where planning permission has been applied for; • 7. The individual and cumulative impact of the proposed developments on biodiversity, including the ecological functioning of European Protected Sites (e.g. the River Wye Special Area for Conservation (SAC), Berwyn Special Protection Area (SPA) and South Clwyd Mountains SAC); impacts of European Protected Species under the Conservation of Habitats and Species Regulations 2010 (as amended) “(the Habitats Regulations”); and the likely effectiveness of proposed mitigation measures: • 8. The individual and combined social and economic impact of the proposed developments, including on tourism; • 9. The potential impact of the proposed developments on human health; • 10. The impact of the proposed developments on cultural heritage; • 11. The individual and combined impact of the proposed developments on aviation; • 12. The impact of the proposed developments on hydrology and hydrogeology, to include impacts on sensitive water features (streams, ponds, wetlands); impacts on private water supplies; fisheries and watercourses; and impacts on groundwater, and the likely effectiveness of proposed mitigation measures; • 13. The impact of the proposed developments on peat;

1 Now replaced with PPW Edition 5, dated November 2012.

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

• 14. The potential for the proposed developments to be connected to the electricity grid network (DECC document ‘The consenting process for onshore generating stations above 50MW in England and Wales: a guidance note on Section 36 of the Electricity Act 1989 refers) and • 15. Any other matter the Inspector considers relevant. 1.2.3 As noted above, the scope for the first session of the Inquiry in relation to planning and energy policy largely reflects the topics set out in first three matters as described above. The exception to this is that matter No.3 also poses the question of the extent to which the proposed development is consistent with local policies, namely those of the Powys Unitary Development Plan (“UDP”) (adopted March 2010). However, as the matters relating to the relationship of the proposed development with local policy and the wider planning balance is not to be addressed until a later Inquiry session in 2014, such local policies are not addressed at this stage. They will be the subject of evidence to the Inquiry at a later session and will also be addressed in a separate Statement of Common Ground (“SCG”) to be prepared in due course.

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

2 Background to the Application

2.1 The Application 2.1.1 Nuon Renewables Limited (now part of VWP) submitted an application to the Secretary of State for Business Enterprise and Regulatory Reform for consent to construct and operate the Proposed Development under section 36 of the Electricity Act 1989 and deemed planning permission under section 90(2) of the Town and Country Planning Act 1990 (as amended) on 30 November 2007 ("the Application"). 2.1.2 PCC objected to the Application and as a result, in accordance with paragraph 2(2) of Schedule 8 of the Electricity Act 1989, it will be determined by the Secretary of State following a public inquiry ("the Inquiry"). 2.1.3 Supplementary and Environmental Information (“SEI”) was submitted in 2008 and 2010 which considered minor amendments to the scheme as submitted. These amendments did not seek to change the height, number or locations of turbines and were instead submitted in response to consultee comments received with regard to access and the alignment of on-site tracks. 2.1.4 Further SEI was submitted in February 2013, the purpose of which is explained at section 1.2 of the SEI, namely that it sets out an analysis of the environmental effects that are predicted to result as a consequence of further amendments to the application originally submitted for consent in 2007, and as updated in 2008 and 2010. In addition, and given the length of time since baseline surveys where undertaken in support of the application, the SEI of 2013 reports upon the results of findings of ecological, ornithological, traffic and noise surveys undertaken in 2012/13. The SEI of 2013 also provides updated cumulative assessments of the effects of the proposed development in combination with other wind farms which are consented or proposed. 2.2 Summary of Description of Proposed Development 2.2.1 A detailed description of the proposed development is outlined in the ES of 2007 (AD/VATT/003, 004 & 005 ). 2.2.2 In summary, the proposed development comprises: • The construction and operation of up to 17 turbines each with an installed capacity of up to 3.5MW. The turbines would have a maximum height to blade tip of up to 126.5m. The installed capacity of the proposed development would be up to 59.5MW; • Associated infrastructure, including transformers (either internal or external), access tracks, a sub-station and a 80m meteorological mast. Also crane hard-standings alongside each turbine base and a temporary construction compound; • Underground cabling; • Off-site highway works; and • Borrow pits. 2.3 Consideration at Committee 2.3.1 The Llanbadarn Fynydd Application was considered at the PCC Cabinet Executive committee on 13 March 2012. In this regard there are two documents of relevance, namely the Report for Decision to the Cabinet Executive dated 13 March 2012 ( AD/VATT/014a ) and its associated Appendix 1A ( AD/VATT/014b ). The Appendix document contains the detailed planning officer Report for the Application. 2.3.2 It is important to note the distinction between the officer recommendations as set out in the Cabinet Executive Report for Decision of 13 March and the associated reasons for objection, compared to those which were set down in the final Form B response of PCC to the Department of Energy and Climate Change (“DECC”). 2.3.3 In the Cabinet Executive Report, the planning officer states at paragraph 2.13 that Llanbadarn Fynydd was the first DECC submission to be lodged under section 36 of the Electricity Act and is, “ along with Carnedd Wen, the

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

first to be brought to Cabinet as schemes requiring some measure of grid infrastructure improvement if consent is granted ”. The officer goes on at paragraph 2.14 to explain that as a result of discussions with DECC, the conclusion is that it would not be acceptable to refuse the applications on the basis of a requirement that the connections need to be decided at the same time as the section 36 Applications. 2.3.4 The officer refers to the policy context at paragraph 2.18 of the Report and states that: “it needs to be noted that Welsh Government (“WG”) policy is not a fundamental deciding factor in the section 36 process and for that reason, less emphasis is placed on it here. The emphasis in this and in the planning reports to be found at Appendix 1A and B, is on how the two applications comply with UK and local policy and with respect to the relevant factors that have been identified. Having said that, it is considered that in so far as planning policy Wales (“PPW”) and Technical Advice Note 8 (“TAN8”) are concerned neither scheme is at odds with their approach ”. 2.3.5 The planning officer specifically refers to the Llanbadarn Fynydd scheme at paragraph 2.38 and stated:- “this was the first section 36 application to be consulted on and, since 2007 discussions have been taking place with the applicants on a number of issues not least the matter of highway impacts”. 2.3.6 It adds at paragraph 2.39 that since 2008, in their [the planning officer’s] opinion, the one outstanding matter on which sufficient information remained unavailable was that relating to transportation routes and traffic management. However, importantly, the planning officer stated at paragraph 2.40 that:- “having considered the submission in its entirety, the planning officer’s view is that with appropriate conditions and controls, the majority of the impacts, weighted against benefits, are acceptable.” 2.3.7 It is clear therefore, from the Cabinet Executive Report that planning officers identified the need for a strategic Traffic Management Plan to be produced, in their view “ before any consent is granted ” (paragraph 2.41). 2.3.8 It can be seen from paragraph 2.43 of the Report that the recommendation of the Head of Service of PCC was that the Planning Authority should inform the Secretary of State on Form B that it objected to the Llanbadarn Fynydd Wind Farm on grounds that only related to traffic and transportation matters. 2.3.9 However, the Council’s final reasons for objection are set out below. Reasons for objection No. 6 in relation to unacceptable landscape and visual impact, including the detrimental effect on tourism and other economic factors and objection No.7 in relation to grid infrastructure matters and its potential further adverse impacts, were not reasons for objection which were recommended by the planning officials. They were added subsequently by elected members. 2.3.10 The Council considered the Llanbadarn Fynydd and Carnedd Wen applications at a meeting on 13 March 2012 and resolved to object to both proposals. The Council's reasons for objecting to the Application were reported to the Secretary of State as follows: 1. National Policy NPS EN-1 and EN-3 has a requirement that overarching weight be given to meeting the (renewable) energy need. In this respect and with regard to criteria for ‘good design’ for renewable energy infrastructure, proposals are expected to comply with the principles set out in the Overarching Energy NPS-EN1 and be designed to mitigate impacts such as landscape and visual impact, noise and effects on ecology. It is also recognised that where adverse impacts are considered, within the context of longer term and cumulative impacts and, where the adverse impacts (after mitigation) outweigh the benefits or cannot be overcome, then consent should be refused where longer term and cumulative impacts would be sufficiently adverse (after mitigation) to outweigh the benefits. In the Local Planning Authority’s view, the National Policy Requirements and prevailing Welsh Government and Local Policies cannot be met in the following respects: 2. The delivery route chosen by the applicant has significant unresolved issues as follows: a. The existing Class III highway C1057, which is proposed to form part of the internal access route for construction vehicles, is narrow and lacks adequate width or passing places and use of this road by vehicles

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

generated by the development will adversely affect the safety of existing highway users. Furthermore, the substandard width of highway proposed over the Vastre on the Class III C2058 will lead to conditions prejudicial to highway safety. b. The inadequate and lack of detail submitted for the Pool Road and Kerry Road turn, for abnormal loads, does not confirm that the route to the site can be negotiated and identifies private property being damaged. In addition, the likely delays, congestion and inability to negotiate the turn will have a significant detrimental affect on the safety and free flow of the travelling public. 3. There is an absence of provision of a Strategic Traffic Management Plan (sTMP) that has been agreed by the Highways Authorities for Powys and other relevant bodies such as the Police, that would serve to acceptably mitigate by coordination, timetabling and cooperation with the Highways Authorities the effects of large scale traffic movements generated on the Powys road system that would otherwise not have the capacity to sustain such traffic movement. Without the sTMP to which a suitable Network Management Legal Control Mechanism could be applied, the adverse cumulative impact upon the road network generated by uncoordinated large scale HGV and AIL vehicle movements to the site would have significant and adverse effects on the road system in Mid Wales sufficient to justify the recommendation of refusal of this development in respect of failing to satisfying the requirements of National Policy NPS EN-1 and EN-3 in respect of adverse impacts (after mitigation) outweighing the benefits. 4. The proposal fails to meet the requirements of Planning Policy Wales (February 2011) in respect of transport implications (Section 8.7) pertaining to accessibility of the site; the environmental impact of both the transport infrastructure and traffic generated and; the effects on the safety and convenience of other users of the transport network. 5. The requirement for the provision of an acceptable highway access and any new roads and accesses sufficient to service the development without unacceptable environmental impacts is a stipulation of Policy E3 of the Powys Unitary Development Plan (adopted March 2010) and endorsed by generic Policy GP1 of this document. The proposal therefore fails to satisfy the requirement of adopted County UDP policies in respect of providing acceptable and adequate highway access to serve this development. 6. The unacceptable landscape and visual impact of the applications including the detrimental effect on tourism and other economic factors. 7. A lack of certainty as to whether the proposed developments would contribute or result in the necessity for significant grid infrastructure development which may have the potential for further adverse impact on the landscape including visual, economic and environmental well-being of the area. 2.3.11 At a subsequent meeting on 25 September 2012, the Council considered the Llandinam, Llaithddu and Llanbrynmair wind farm applications and the Llandinam 132kV overhead line application and resolved to object to them. The Secretary of State announced his decision to conjoin these Applications with the Llanbadarn Fynydd and Carnedd Wen schemes on 23 October 2012.

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

3 Statutory and Regulatory Framework

3.1 Introduction 3.1.1 The Application for the proposed development was submitted to DECC under s.36 of the 1989 Act. As part of the s.36 application process, the Applicant is also seeking that the SoS issue a Direction under s.90 of the Town and Country Planning Act 1990 that deemed planning permission be granted for the proposed development. 3.2 Statutory Duties 3.2.1 A decision on the Application under the 1989 Act is the principal decision to be made in this case. 3.2.2 Schedule 9 to the Electricity Act 1989 deals with preservation of amenity in both England and Wales. Sub- paragraphs 1 and 2 are relevant to the Applicant and the decision maker in this case. Sub-paragraphs 1 and 2 of Paragraph 1 states: (1) “ In formulating any relevant proposals, a licence holder or a person authorised by exemption to generate, transmit, distribute or supply electricity

(a) shall have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest and of protecting sites, buildings and objects of architectural, historic or archeological interest; and

(b) shall do what he reasonably can to mitigate any effect which the proposals would have on the natural beauty of the countryside or on any such flora, fauna, features, sites, buildings or objects.

(2) In considering any relevant proposals for which his consent is required under section 36 or 37 of this Act, the Secretary of State shall have regard to —

(a) the desirability of the matters mentioned in paragraph (a) of sub-paragraph (1) above; and

(b) the extent to which the person by whom the proposals were formulated has complied with his duty under paragraph (b) of that sub-paragraph .”

3.2.3 The Applicant has sought to develop a project that takes full account of these duties. It is relevant to note the use of the terms ‘desirability’ and ‘reasonably’ with regard to project design, siting and mitigation. This recognises that there are balances and reconciliations to be considered in decision making for this type of application. 3.2.4 The ES demonstrates that due regard has been paid to Schedule 9 of the 1989 Act and appropriate mitigation has been considered in detail. Mr Bell’s evidence will show that the Secretary of State should direct that planning permission be deemed to be granted under section 90 of the 1990 Act. 3.3 The Role of the Development Plan in this Case 3.3.1 In considering the overall statutory and regulatory framework within which the proposed development should be assessed, the terms of the statutory Development Plan is a consideration which should be taken into account in the round with all other relevant considerations, although it is important to note that section 38(6) of the Planning and Compulsory Purchase Act 2004 is not engaged. This is set out in the SCG at section 8. 3.3.2 In January 2012 the High Court made clear in its decision in R (on the application of Samuel Smith Old Brewery (Tadcaster) v Secretary of State for Energy & Climate Change (CD/COM/030 ) that the provisions of section 38(6), requiring planning determinations to be made in accordance with the development plan unless material considerations indicate otherwise, do not apply in respect of a direction under section 90 that planning permission

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

be deemed to be granted. This decision related to a ‘direction’ in connection with an application for section 37 consent. 3.3.3 It was decided that a "direction" that planning permission shall be deemed to be granted was not a "determination" under the Planning Acts. The Court stated (para 75) that " as a matter of construction I consider that it is a direction that such a determination is not required ". Therefore there was no duty on the Secretary of State in making a direction under section 90 to comply with the requirement in section 38(6) that determinations must be made in accordance with the development plan unless material considerations indicate otherwise. 3.3.4 The Court also dealt with s.90(3) of the 1990 Act, which states that the provisions of that Act shall apply to any planning permission deemed to be granted by virtue of a direction as if it had been granted by the Secretary of State on an application. The Court stated that this provision applies to the actual deemed planning permission, not to the process which gave rise to it. The provisions of the Act are only relevant once the direction is given and the provisions relating to the determination process do not apply to the process of giving a direction. In other words s.38(6) is not engaged. 3.3.5 The matter was more recently addressed in the Dorenell s.36 Wind Farm Judicial Review case 2 of June 2012 (CD/VATT/PLA/001 ) in the Court of Session in Scotland where Lord Malcolm ruled that s.25 [the equivalent of s.38(6) of the 2004 Act in England] did not apply to an Electricity Act case. 3.4 Conclusions 3.4.1 Under the terms of the Electricity Act, the Schedule 9 duties pick up on all the issues and environmental topics that are set out in the relevant development plan in this case. The principal issue is whether the Applicant has provided adequate mitigation with regard to the predicted environmental effects of the proposed wind farm. 3.4.2 The effects and the mitigation proposed will be explained in detail in the evidence of other witnesses acting for VWP at a later stage of the Inquiry (September 2013). The Applicant’s position is that it has proposed what it reasonably can to mitigate the predicted effects of the proposal. In this regard, the proposed development would satisfy the provisions of Schedule 9.

2 It is helpful to look at what Lord Malcolm said with regard to Schedule 9. On page 10 of the decision, Lord Malcolm stated: “I consider that Parliament intended that the relevant provisions of the 1989 Act would provide a self-contained code…….Schedule 9 narrates the relevant considerations, dealing with, amongst other things, the preservation of amenity……By contrast, section 25 [s.38(6) in England] applies to decisions under the planning acts when it is a requirement that regard is to be had to the development plan ”.

Lord Malcolm went on to state (page 10) “ my decision is broadly in line with the decision of Mr Justice Edwards-Stuart in the Samuel Smith Old Brewery Case. I agree with his reasoning at paragraphs 70/81 ”.

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

4 Energy Policy Context

4.1 Introduction 4.1.1 In this Section reference is made to the current renewable energy policy framework and explain the need for the proposed development in this context. 4.1.2 It is well established that extant Government policy cannot be challenged or its merits debated at a Public Inquiry. Government policy is an important material consideration in planning determinations and in this Inquiry. 4.1.3 As set out in the introduction to this Statement, there is a detailed SCG amongst the principal parties to the Inquiry which relates to planning and energy policy. Cross reference is made to it where appropriate. The SCG addresses international renewable energy obligations in section 3. Relevant European level obligations are set out in section 4, with particular regard to the EU Directive No. 406/2009 on the commitments of members states to reduce their greenhouse gas emissions to meet EU targets by 2020. In this Section of particular reference is made to UK and Welsh Government (“WG”) energy policy. 4.2 UK Renewable Energy Policy Context 4.2.1 Section 5 of the SCG deals with relevant UK policy provisions, as well as relevant statute. It is not therefore necessary to repeat all that material here, but it should be noted that the relevant provisions include, in summary, the:- • Renewables Obligation; • Climate Change Act 2008; • UK Renewable Energy Strategy (“UKRES”) 2009; • UK Low Carbon Transition Plan 2009; • National Renewable Energy Action Plan for the UK; • position of the Coalition Government; • Planning Act 2008; • UK Renewable Energy Road Map 2011; • UK Renewable Energy Road Map Update 2012; and • The Energy Bill and related Electricity Market Reform (“EMR”) 2013. 4.2.2 The SCG also refers in section 2 to the relevant National Policy Statement (“NPS”) documents, in this case namely NPS EN-1 ‘Overarching National Policy Statement for Energy’ (2011) ( CD/COM/001 ) and NPS EN-3 ‘Renewable Energy Infrastructure’ (2011) ( CD/COM/002 ). These documents contain a mixture of planning as well as energy policy matters. 4.2.3 The SCG should be referred to for the key relevant provisions of the above documents in relation to energy policy. However, there are two particular aspects of the UK suite of policy documents which require emphasis. Firstly, the relevant NPS for energy, EN-1 which sets out key policy and target ‘metrics’ of the UK Government. As noted in the document, the NPS level of policy advice is the primary basis 3 for the decision in this case.

3 Whilst the proposed development is not coming forward as a nationally significant infrastructure project (NSIP) under the terms of the Planning Act 2008, that is only because of the timing of the Llanbadarn Fynydd application submission. The proposed development would be an NSIP had it been submitted now. The NPS documents therefore apply by analogy.

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

4.2.4 Set out below are some of the key provisions, expanding on the matters already set out in the SCG where appropriate. In particular, reference is made to the UK position and importantly current performance as recorded by DECC against the relevant key policy targets as set out in the NPS documents. 4.2.5 Secondly, the UK Government’s Annual Energy Statement of December 2012 ( CD/COM/012 ) and associated EMR documents and in particular the EMR Policy Overview ( CD/VATT/PLA/002 ) are very important as they form together with the UK Renewables Roadmap Update ( CD/COM/015 ), the leading edge of UK Government policy. In particular, the EMR Policy Overview document reflects a number of the key policy target metrics that are set out in NPS EN-1, but it goes further in setting out the longer term policy objectives over the period up to 2030 and to 2050. Overarching NPS for Energy (EN-1) 4.2.6 NPS EN-1 sets out Government policy on energy in some detail in its Part 2 (page 8). 4.2.7 The need for new energy infrastructure projects is set out in Part 3 (page 16). At paragraph 3.2.3 there is explicit recognition that there will be some significant adverse effects arising from such developments. The NPS states: “This part of the NPS explains why the Government considers that, without significant amounts of new large scale energy infrastructure, the objectives of its energy and climate change policy cannot be fulfilled. However, as noted in section 1.7, it will not be possible to develop the necessary amounts of such infrastructure without some significant residual adverse impacts ”. 4.2.8 Paragraph 3.3.5 states that the UK is choosing to decarbonise quickly and that this is why Government is seeking to bring forward many new low carbon developments within the next 10-15 years. 4.2.9 In terms of the need for more electricity capacity to support an increased supply from renewables, paragraph 3.3.10 states that: “As part of the UK’s need to diversify and decarbonise electricity generation, the Government is committed to increasing dramatically the amount of renewable generation capacity…. In the short to medium term, much of this new capacity is likely to be onshore and offshore wind …”. 4.2.10 At paragraph 3.3.14 there is recognition that electricity consumption could double by 2050 as significant sectors of energy demand (such as industry, heating and transport) switch from fossil fuel power to using electricity. It adds that “ the Government therefore anticipates a substantial amount of new generation will be needed ”. 4.2.11 Paragraph 3.3.15, with regard to “ the urgency of the need for new electricity capacity ” states: “In order to secure energy supplies that enable us to meet our obligations for 2050, there is an urgent need for new (and particularly low carbon) energy NSIPs to be brought forward as soon as possible, and certainly in the next 10 to 15 years, given the crucial role of electricity as the UK decarbonises its energy sector ”. 4.2.12 Section 3.4 refers to “the role of renewable electricity generation”. It contains a number of key policy and target ‘metrics’. In summary, those set out in the NPS include: • 15% of total UK energy to be from renewables by 2020 4; • 30% of electricity generation to be from renewables by 2020 5.; • Target to reduce carbon dioxide emissions by 750m tonnes by 2030;

4 Renewable energy accounted for 3.9% of energy consumption in 2011, as measured using the 2009 Renewable Energy Directive (RED) methodology, an increase from the 2010 position of 3.2% (Source, DECC, June 2012, ‘Special Feature – renewable energy in 2011’) (CD/VATT/PLA/003 ).

5 Renewables’ share of electricity consumption in 2011 was 8.7% ( CD/VATT/PLA/003 ). The DECC ‘Energy Trends’ Report of March 2013 ( CD/VATT/PLA/004 ) provides an updated position and states that on the RED basis, the share of electricity consumption rose from 8.7% in 2011 to 10.8% in 2012. Renewable electricity capacity was 15.5 GW at the end of 2012, a 26% increase (3.2 GW) on a year earlier (see page 44 of the March 2013 report). At the end of 2012, Q4, onshore wind had the highest share of capacity (38%), followed by bioenergy (21%), offshore wind (19%), hydro and solar PV (11% each) (page 47).

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

• The renewables sector could deliver half a million jobs by 2020; • Renewables have the potential to help attain security of supply; • Meeting the 15% renewables target by 2020 could reduce fossil fuel demand by 10% and gas imports by 20- 30%; • The Government is committed to meeting 2020 targets but has further ambitions for renewables post 2020 – namely based on the advice of the Climate Change Committee (“CCC”) to move to 30% renewable energy capacity by 2030 (up from 15% by 2020); and • a ‘central scenario’ of deriving 40% of renewable electricity by 2030 (up from 30% by 2020). 4.2.13 Para 3.4.5 emphasises “urgency of need” and states that in order to “hit” targets, that “ it is necessary to bring forward new renewable electricity generating projects as soon as possible. The need for new renewable electricity generation projects is therefore urgent”. The Roadmap Update (2012) 4.2.14 The UK Renewable Energy Road Map Update ( CD/COM/015 ) was published on 27th December 2012. It sets out the progress and changes delivered in the renewable sector over the past year and sets out challenges and actions for the year ahead. The Executive Summary (page 6) states the Coalition Government “ is committed to increasing the deployment of renewable energy across the UK ”. 4.2.15 Paragraph 1.3 states that whilst the Roadmap focuses on reaching 2020 targets: “it is clear that renewables will have a pivotal role to play in the UK energy mix in the decades beyond ”. 4.2.16 For example, it makes reference to the Climate Change Act requirement for the UK to reduce greenhouse gas (GHG) emissions by at least 80% below 1990 levels by 2050. It adds that recent DECC analysis shows that electricity demand is likely to increase by between 30% and 100% by 2050. 4.2.17 It is clear therefore, that whilst 2020 is an important milestone in relation to certain mandatory targets, Government policy and targets go well beyond this. This recognised in NPS EN-1 and other more recent documents such as the Annual Energy Statement (2012). 4.2.18 On page 10 of the Update, DECC sets out analysis of the deployment of renewable energy to 2020. Paragraph 2.5 states that the Government continues to believe that encouraging a diverse mix of energy sources including renewables in the best way to meet decarbonisation objectives and to “ ensure the lights stay on”. It adds that:- “it remains true, as stated in the overarching National Policy Statement for Energy, that there is an urgent need for new large scale renewable energy projects to ensure that we meet the 2020 target and wider decarbonisation ambitions”. 4.2.19 Paragraph 2.6 refers to the Roadmap of 2011 and states that it provided an analysis of potential deployment to 2020, taking into account factors such as technology costs, build rates and policy framework. However it adds that these variables were modelled: “to produce illustrative ‘central ranges’ for deployment based on analysis using published literature and discussions with the industry overlain by industry high and low scenarios for each technology around central ranges”. “These central ranges did not represent technology specific targets or the level of our ambition. We are committed to update our analysis annually to reflect the evolution of policy and observe levels of deployment”. 4.2.20 Paragraph 2.8 refers to key uncertainties which continue to include future energy demand, cost trajectories of various technologies and the level of actual renewable energy deployment which industry believes can be achieved. Deployment of offshore wind remains one of the main areas affected by high costs and paragraph 2.9 states with regard to offshore that there are “ clearly big challenges to overcome”. 4.2.21 Paragraph 2.10 makes reference to onshore wind and refers to the suggestion in the 2011 Roadmap that there could be around 13GW of onshore wind capacity by 2020. It states that over the last year there has been an

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

increase of 1.3GW of operational onshore capacity and the onshore wind pipeline holds an additional 6.1GW of projects waiting or under construction, as well as 7GW awaiting planning approval. 4.2.22 Page 36 records the onshore wind capacity as of the end of June 2012 as being 5.3GW. 4.2.23 The Update states that the current pipeline for onshore wind is likely to have the potential to provide the appropriate quantity of deployment: “to fulfil our ambition outlined last year. However, we cannot be certain how much of the capacity in the pipeline project will go forward as not everything in the pipeline will be consented and not everything consented will be built”. 4.2.24 Paragraph 2.13 states that the potential for key technologies (namely biomass, offshore wind, onshore wind, marine energy, solar pv etc.) needed to deliver the 2020 target are similar to that anticipated in 2011. However, it adds that the uncertain nature of deployment across the portfolio of different technologies, as well as the relative cost effectiveness, means that generation could end up at the high end of one technology’s deployment range and therefore requiring less deployment of others. 4.2.25 Paragraph 2.4 records that using the EU Renewable Energy Directive methodology, some 3.8% of UK energy consumption in 2011 came from renewable sources up from 3.2% in 2010. This needs to be read against the 15% target for 2020. 4.2.26 Page 25 of the Update addresses renewable electricity and paragraph 2.2 states the contribution of all renewables to UK electricity generation was 10.4% for the period July 2011 to June 2012. This needs to be read against the 30% target for 2020. As noted in this Statement of Case, a more recent publication by DECC 6 records that the contribution of renewables to electricity generation in 2012 as a whole, was 10.8%. 4.2.27 The Update addresses the various renewable technologies and onshore wind is addressed at page 36. Here it is stated that: “the Government is committed to onshore wind as part of a diverse energy mix contributing to a security of supply and carbon reduction targets”. 4.2.28 Paragraph 2.31 reiterates that there is a healthy pipeline of projects that has entered the formal planning system, but adds that not everything in the pipeline will be consented and not everything consented will be built. 4.2.29 Paragraph 2.32 adds that there is expected to be significant attrition at the planning and pre-construction stages due to a number of factors such as project delays or extra costs associated with radar interference. 4.2.30 Paragraph 2.33 states that whilst the Government cannot be certain which projects will go forward; the current pipeline is likely to represent: “the appropriate quantity of deployment to fulfil the central estimated range in the 2011 renewable energy road map for onshore wind deployment (around 10 – 13GW capacity). 4.2.31 However, as noted above, section 2.6 of the Update states that this figure is an: “illustrative central range for deployment” and does “ not represent technologies specific targets or the level of our ambition”. 4.2.32 Moreover, at paragraph 2.5, the Update states that it remains true as set out in NPS EN-1, that there is an urgent need for new large scale projects to come forward to ensure we meet the 2020 target and the wider decarbonisation ambition that the Government has. The Annual Energy Statement 2012 and Electricity Market Reform 4.2.33 The Annual Energy Statement (“AES”) (CD/COM/012 ) was delivered to Parliament by the Energy and Climate Secretary on 29 November 2012. 4.2.34 In the oral Statement, the Minister stated (CD/VATT/PLA/005 ) that:

6 DECC, ‘Energy Trends’, (March 2013) ( CD/VATT/PLA/004 ).

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

“we are preparing a once in a generation transformation of the energy landscape to bring on massive private sector investment which will boost the economy, create jobs and power Britain to a prosperous low carbon future” 4.2.35 The AES states at section 1.1 that the Government’s vision is for a thriving, global competitive, low carbon economy and that energy policy is guided by the following objectives, inter alia:- • Energy security; • Climate change: to lead the UK Government’s efforts to prevent dangerous climate change, both through international action and through cutting our own greenhouse gas emissions. • Support growth: deliver our policies in a way that maximises the benefits to the economy in terms of jobs, growth and investment, …. and seizing the opportunities presented by the rise of the global green economy. 4.2.36 It adds that around a fifth of power stations operating in 2012 have to close over this decade and investment is needed if we are to maintain secure energy supplies that are critical to the economy and our way of life. It adds that this investment is also key to “ getting our economy moving”. 4.2.37 Section 1.5 states that energy projects represent the largest infrastructure investment opportunity in the UK and the energy sector will need to make around £110bn of capital investment over the next decade. Section 1.9 states that the policy framework in the Statement, shows how the Government will deliver a balanced energy policy and that this “ means more investment in renewables”. 4.2.38 The Statement addresses renewable energy at section 2.15 and states at paragraph 2.16 that “ increasing the amount of renewable energy deployed in the UK will diversify our energy supply and improve our energy security by reducing our exposure to fossil fluctuations”. 4.2.39 It adds that increasing the supply of renewable energy is also critical to keeping the UK on a low carbon pathway and helping to meet legally binding carbon targets as well as the EU legal commitment to source 15% of energy from renewable sources by 2020. 4.2.40 The AES is an important material consideration which sets out the leading edge of Government policy. The policy is clear in that it is underpinned by an objective to address climate change and to move the UK electricity generation platform to one which has renewable energy as key component. 4.2.41 A further document issued as part of the suite of documentation on the topic of EMR is a document entitled ‘Electricity Market Reform Policy Overview’ (CD/VATT/PLA/002 ). It describes in some detail the new physical support mechanism, Contracts for Difference as well as other aspects of wider energy policy. 4.2.42 Page 9 et seq sets out the Government’s overall energy objectives. It states at paragraph 12 that: “the Government’s energy and climate change goals are to deliver secure energy on the way to assist sustainable low carbon future and drive ambitious action on climate change at home and abroad. It is critical that we address both security of supply and climate change challenges, while maximising the benefits….nowhere in our energy policy are these challenges more evident than in the electricity sector”. 4.2.43 Paragraph 18 states that the UK’s current electricity mix is dominated by gas and coal fire plant. This is illustrated in Figure 2 on page 10 of the document which shows that in the UK electricity mix in 2011, renewables made up only 9%. This needs to be set against the target of 2020 of 30%. 4.2.44 Paragraph 19 states “ to meet our climate change goals, we need to transform the way that electricity is generated ”. The document sets out an ‘illustrative pathway’ to meeting the Government’s goals and the key points in this pathway are as follows:- Between now and 2020

• Given the legally binding EU target for 15% for the UK’s energy to come from renewable sources by 2020, DECC expects that around 30% of electricity would need to come from renewable energy generation by the end of the decade. 2020 – 2030

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

• From 2020, further cuts in emissions from the power sector will be necessary to keep us on a cost effective path in meeting our 2050 commitments. • Reducing emissions from the power sector becoming increasing important to help us decarbonise other sectors. If we do not make progress in relation to electricity over the next two decades, work towards our 2050 target in the 2030s and 2040s may become more difficult. • There is a clear opportunity for large scale new low carbon capacity in the next two decades, created by the combination of the existing plant closures and an increase in demand. • The Government will take a power in the Energy Bill to set a decarbonisation target for the power sector for 2030. 2030 – 2050

• By 2050 heating, transport and industry will become increasingly electrified, the amount of electricity that we need to generate is very likely to increase. • Recent DECC analysis shows that electricity demands is likely to increase by between 30% and 100% by 2050. • In order to meet our legally binding 2050 carbon emission reduction we expect that power will be generated largely from renewables, nuclear and fossil fuel stations fitted with CCS technology. • Even in 2050 unabated gas could still have an important role to play, albeit operating much less that it does today. 4.2.45 Paragraph 20 of the document states that to meet these challenges there is an investment challenge. It adds that the Government’s view “ is that the current market arrangements will not deliver this investment, therefore EMR provides the tools needed to meet the challenge”. 4.2.46 It is clear from the AES and the oral statement to Parliament, and the Policy Overview, that the Government remains committed to the growth of renewable energy and to the UK’s 2020 energy targets, as well as longer term climate change objectives. 4.3 Welsh Renewable Energy Policy Context 4.3.1 Section 6 of the SCG sets out the relevant energy and climate change policy documents at the WG level. Key documents referred to include, in summary, the:- • Government of Wales Act 2006; • One Wales: One Planet – The Sustainable Development Scheme of the WG – May 2009; • A Low Carbon Revolution: The Welsh Assembly Government Energy Policy Statement – March 2010 7; • Economic Revival: a New Direction – July 2010; • Climate Change Strategy for Wales – October 2010; and • Energy Wales: A Low Carbon Transition – March 2012. 4.3.2 As set out in the above documents there are clear commitments to maximise energy generation from renewable and low carbon sources and to encourage large renewable energy projects to be deployed. Onshore wind is identified as one of the principal renewable energy technologies in order to attain relevant targets. 4.4 Conclusions: The Need for the Proposed Development 4.4.1 Mr Bell will demonstrate in his evidence that given the policy position set out above, it is evident that there is a very strong policy drive to continue to develop renewable energy and there is a need for developments that are

7 Document CD/COM/009 .

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

acceptable in planning terms to be granted consent. International and national commitments have been made to address the effects of climate change and to achieve greater security in the domestic supply of energy. 4.4.2 The various renewable energy policy documents referred to make consistent points, namely that the UK and Wales needs to urgently increase its delivery of renewable energy sources and that on-shore wind is considered an important element of land-based renewable energy generation, in the overall energy mix. The proposed development can make a significant contribution to unmet Welsh, UK and EU targets for renewable energy generation. 4.4.3 In summary, there are a number of key points that can be drawn from the renewable energy and national planning policy context which strengthens the need case for the proposed development. • At a European level, the targets for the generation of renewable energy are ambitious, as confirmed in the EU Renewables Directive on renewable energy. The Directive provides the framework for achieving the EU’s target of securing 20% of ALL its energy from renewable sources by 2020. The “20 20 by 2020” package announced by the EU also includes proposals for reducing the EU’s greenhouse gas emissions by 20%. For the UK, the European Commission’s proposals include 16% reduction in UK greenhouse gas emissions by 2020 and for 15% of all energy consumed in the UK to come from renewable sources by 2020. • In turn, the UK targets flowing from this Directive are challenging. For example, this will represent a substantial increase from the current level of approximately 3.9%8 of all energy used in the UK coming from renewable sources. Although the UK does not have the highest target assigned to any Member State, it does have the largest percentage point increase to achieve. • Another important objective of the Directive is security of supply. The UKRES is aimed at contributing to the security of energy supplies in the UK through reductions in demand for fossil fuels of approximately 10%, and gas imports by between 2—30% against forecast use in 2020. • The Government has a strong policy drive to achieve electricity decarbonisation and security of supply within the overall framework of energy policy. • The Welsh target of attaining 800MW of installed onshore wind capacity by 2010 was missed 9 and there is a significant shortfall against the target of attaining 2GW of capacity by 2015/17. 4.4.4 From the review of the UKRES and the UK Roadmap (and its 2012 Update) and the very recent Annual Energy Statement of 2012, it is clear that Government policy on renewable energy is part of a well-established pattern – the commitment to a low carbon future is not part of a fleeting political whim on part of the Coalition Government. It forms part of a much wider international picture of ever more ambitious policy targets designed to tackle climate change through the promotion of renewable energy, among other means. Long term strategies have been put in place to further those aims and, so far as the UK is concerned, there can be no doubt whatsoever that, for the time being and for the foreseeable future, onshore wind energy remains an essential component of the energy mix. It is undeniably right to say that the case for renewable electricity generation has been provided with greater impetus as a consequence of the UKRES, the Roadmap Update, the energy NPS documents and the Annual Energy Statement. 4.4.5 What should be taken from the commitment made in the policy documents referred to above, is that at the highest level of policy making, the UK has taken an unambiguously positive approach to the setting of ambitious renewable energy targets and stringent carbon budgets. As matters stand, there is no end in sight to the steady momentum that has built up over the last few years in support of measures designed to combat climate change. If anything, that momentum is increasing. 4.4.6 There remains a shortfall on a UK and Wales basis against targets for renewable energy generation.

8 As noted above renewable energy accounted for only 3.9% of energy consumption in 2011 which needs to be read against the 15% target for 2020.

9 Figure 12.1 of PPW Edition 5 (November 2012) records only 700MW of onshore wind capacity in wales either operational or consented.

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

4.4.7 UK targets are not capped. The position of no ‘cap’ on targets is to ensure that the decision makers do not stop consenting projects just because an interim target may be achieved. This is important because opposition groups to wind farm developments often seek to advance an argument that because we may be well on the way to meeting ‘a target’, we should stop and await technological developments or place less weight on the benefits of a given proposal and give greater scrutiny to any harm that may arise from a specific proposal. Such a stance would be contrary to national policy and it is a posture against which it is considered that no weight should be placed. 4.4.8 Attempts to under-play the justification for renewable energy should be rejected 10 . It is clear that, in order to achieve the significant targets for the UK for 2020, onshore wind is going to play a very significant part. DECC makes this clear in the Roadmap Update of 2012. 4.4.9 The UK pipeline to 2020 in terms of renewable technologies overall and onshore wind specifically may be reasonably healthy, but that health depends to a large extent on proposals already in the planning system, like this one at Llanbadarn Fynydd coming to fruition. It is also clear that Government ambitions go well beyond 2020 and if those ambitions are to be realised, the pipeline will need new projects to continue coming forward in order to sustain supply. 4.4.10 The proposed wind farm would therefore assist in achieving the Welsh and UK Government’s published targets for the production of electricity from renewable sources. Furthermore, the various renewable energy reports that have been referred to provide an important evidence base which highlights the importance and value of developing further renewable energy projects in Wales, and in particular in the SSAs. 4.4.11 Overall Mr Bell will demonstrate that there is a very strong need for the proposed development and that this matter should be afforded substantial weight.

10 In this regard the Secretary of State’s position in the Sober Hill decision ( CD/VATT/PLA/006 ) of March 2010 is relevant, where he specifically agreed with the Inspector as follows: With regard to targets for renewable energy, the Inspector stated at para 175 and 176 “ I consider that it would be wholly inappropriate for the East Riding to adopt a more restrictive approach than some other local authorities, or assess landscape and visual impact more stringently on the grounds that it is making good progress towards achieving local targets .” “ progress….towards meeting targets for renewable energy capacity should not mean that greater weight is attached to any harm ….”.

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

5 National Planning Policy

5.1 Introduction 5.1.1 In this Section reference is made to key elements of national planning policy against which the proposed development should be assessed. Reference is made to: • National Policy Statements (EN-1) and (EN-3) which are applicable in both England and Wales; and • National planning policy which is specific to Wales 5.1.2 These policy documents are referred to in the SCG and that material is therefore not repeated here. However, given the importance of the NPS documents, certain aspects of them are expanded on. Similarly, in terms of national planning policy relevant to Wales, particular matters in relation to the Technical Advice Note 8 and SSAs are addressed in this Statement. 5.1.3 Although the SCG concentrates on TAN 8, there will be other land use planning TANS of relevance to the application, however these will be considered in more detail at the relevant later Inquiry sessions. 5.2 National Policy Statements 5.2.1 A suite of National Policy Statements (“NPS”) on Energy were designated by Parliament on 19 July 2011. The Overarching National Policy Statement for ‘Energy’ EN-1 ( CD/COM/001 ) (EN-1) and the National Policy Statement for ‘Renewable Energy Infrastructure’ EN-3 (CD/COM/002 ) (EN-3) are important material considerations. Mr Bell will explain that in his professional opinion they carry substantial weight. The documents are relevant to major energy infrastructure within both England and Wales. 5.2.2 Whilst the proposed development is not coming forward as a nationally significant infrastructure project (NSIP) under the terms of the Planning Act 2008, that is because of the timing of the Llanbadarn Fynydd application. The proposed development would be an NSIP had it been submitted now. The NPS documents therefore apply by analogy. The NPS documents are, therefore, particularly weighty material considerations in this case. They set out the primary policy against which the proposal has to be considered. 5.2.3 NPS EN-1 sets out high level policy objectives for the delivery of major energy infrastructure. 5.2.4 Paragraph 1.1.1 of NPS EN-1 states that for applications for national energy infrastructure, “ this NPS, when combined with the relevant technology-specific energy NPS, provides the primary basis for decisions [by the IPC]” (my underlining added). 5.2.5 A series of assessment principles are also set out in EN-1. It is stated that there should be a presumption in favour of granting consent to applications for major energy infrastructure given the level and urgency of need for this infrastructure. EN1 sets out policy in respect of generic impacts from energy infrastructure to assist in the consideration of these topics. Decision makers are advised to take into account the potential benefits of a proposed development, including its contribution to meeting the need for energy infrastructure, job creation and any long-term or wider benefits, and its potential adverse impacts, including any long-term and cumulative adverse impacts, as well as any measures to avoid, reduce or compensate for any adverse impacts. 5.2.6 At paragraph 3.2.3 there is explicit recognition that there will be some significant adverse effects arising from developments. The NPS states: “This part of the NPS explains why the Government considers that, without significant amounts of new large scale energy infrastructure, the objectives of its energy and climate change policy cannot be fulfilled. However, as noted in section 1.7, it will not be possible to develop the necessary amounts of such infrastructure without some significant residual adverse impacts ”. 5.2.7 Paragraph 3.3.15, with regard to “ the urgency of the need for new electricity capacity ” states:

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

“In order to secure energy supplies that enable us to meet our obligations for 2050, there is an urgent need for new (and particularly low carbon) energy NSIPs to be brought forward as soon as possible, and certainly in the next 10 to 15 years, given the crucial role of electricity as the UK decarbonises its energy sector ”. 5.2.8 Part 4 of EN-1 refers to assessment principles and states at paragraph 4.1.2 that: “given the level and urgency of need for infrastructure of the types covered by the energy NPSs set out in Part 3 of this NPS, the IPC should start with a presumption in favour of granting consent to applications for energy NSIPs .” (my underling added). 5.2.9 Paragraph 4.1.5 states that Development Plan Documents can be a relevant consideration, but that: “in the event of a conflict between these or other documents and an NPS, the NPS prevails for the purposes of IPC decision making given the national significance of the infrastructure ”. (my underling added). 5.2.10 NPS EN-3 sets out technical considerations when determining proposals for renewable energy infrastructure. The document will be of more relevance when considering the detailed predicted environmental effects of the proposed development. Mr Bell will therefore refer to NPS EN-3 in more detail following the scheme specific Inquiry sessions and when presenting the overall planning balance in the final session of the Inquiry in 2014. 5.3 National Planning Policy – Wales 5.3.1 The SCG addresses relevant planning policy in Wales and refers to the following documents:- • People, Places, Futures – the Wales Spatial Plan 2008 update; • Planning Policy Wales – Edition 5 – November 2012; and • Planning Policy Wales – Technical Advice Note 8 - Planning for Renewable Energy - July 2005. 5.3.2 The SCG should be referred to for the relevant policy detail within these documents and it is not repeated here. However, in summary, the Wales Spatial Plan emphasises the urgent and compelling issue of climate change and the need to combat its effects now. The plan accords a high priority to tackling climate change and the Central Wales Strategy area is highlighted as having a particular “crucial role” (paragraph 15.15) in this regard. The proposed development would be consistent with these priorities. 5.3.3 PPW Edition 5 ( CD/COM/008 ) contains various policies of relevance and in particular, section 12.8 sets out specific provisions for renewable and low carbon energy. It summarises UK and Welsh policy, targets and obligations for increasing the use of renewable energy resources (paragraphs 12.8.1 – 2). 5.3.4 Figure 12.2 (page 167) in PPW shows that there is a capacity either operational or consented, of onshore wind, of some 0.7GW. The onshore wind target is 2GW by 2015 /17. Figure 12.2 also shows overall data for renewable energy in Wales, cited as 2GW (all technologies) operational or consented. The target for 2020/25 is for a total of 22.5GW to be installed. 5.3.5 It should be noted that paragraph 12.8.5 of PPW states that local planning authorities, particularly those containing SSAs should take the Welsh Governments “imperative for renewable energy” into account when they are consulted on applications for large scale onshore wind power projects. 5.3.6 Reference is made to policy on SSAs in the context of TAN8 (CD/COM/016 ) in detail below, but it should be noted that PPW at paragraph 12.8.13 with reference to TAN8, states that it “ identifies areas in Wales which, on the basis of substantial empirical research, are considered to be the most appropriate locations for large scale wind farm development….” 5.3.7 It adds that wind energy developments in these areas “ will be required to contribute significantly to the Welsh Government’s onshore wind energy aspiration for 2GW of total capacity by 2015 /17, UK and European renewable energy targets, to mitigate climate change and deliver energy security. 5.3.8 Paragraph 12.8.14 goes on to comment on cumulative matters in relation to SSAs and states that:-

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

“within the SSAs whilst cumulative impact can be a material consideration, it must be balanced against the need to meet the Welsh Government's Renewable Energy aspirations and the conclusions reached fully justified in any decisions taking.” 5.3.9 It is clear therefore that the latest expression of Welsh national planning policy, namely PPW Edition 5, emphasises the role of TAN8 and that development in these areas will be required to contribute significantly to Welsh Government policy aspirations for renewable energy. Mr Bell will demonstrate that as matters stand today, there remains a considerable shortfall against these policy target aspirations. These targets are not capped and should be exceeded if possible. It is considered that the proposed development is consistent with these Welsh national planning policy provisions. 5.4 Planning Policy Wales: Technical Advice Note 8: ‘Planning for Renewable Energy’ (2005) 5.4.1 The SCG addresses TAN8 matters in some detail therefore it is not repeated here. However, it is necessary to draw out some key points from the policy document and its evolution, and to comment on how the policy should be interpreted and applied in this particular case. The relationship of TAN8 to higher and more recent levels of Government policy, namely the NPS documents also needs to be addressed. This is referred to in the sections which follow and reference is also made to relevant Electricity Act and NSIP decisions where appropriate. 5.4.2 The SCG records that in terms of targets, the then Welsh Assembly Government (“WAG”) set a renewable energy target of 4TWh per annum by 2020 as part of the wider UK national target of generating 10% of electricity consumption from renewable sources. The WAG also stated the need to plan for 800MW of installed capacity of onshore wind by 2010. 5.4.3 800MW was therefore to come from onshore wind sources with a further 200MW of installed capacity from offshore wind and other technologies. The TAN (at para 2.2) identifies onshore wind as offering the greatest potential for an increase in the generation of electricity from renewable energy in the short to medium terms. 5.4.4 Table 1 in the TAN states that the SSAs may be capable of accommodating up to approximately 1,120MW of additional capacity and it states: “ this degree of flexibility is necessary to ensure that the proposals for a total of 800MW come forward by 2010” . It adds: “the installed capacity targets are intended to assist the planning process and are not to be seen as the definitive capacity for the areas. There may be practical , technical and / or environmental reasons why the capacity may be more or less than that indicated”. 5.4.5 The TAN makes it clear that the figures represent a third reduction on the maximum capacities identified by Garrad Hassan as reviewed by ARUP in their 2005 Report. 5.4.6 The indicative capacity shown in the TAN for SSA C ‘New Town South’ is 70MW. 5.4.7 In the following section reference is made to the refinement exercise to the SSA that was undertaken by PCC. There is a distinction to be drawn between the capacity figure in TAN8 and the later refinement figure and area resource identified through the later refinement exercise. 5.5 Refinements to SSA C 5.5.1 As noted in the Llanbadarn Fynydd ES Landscape and Visual Impact Assessment (“LVIA”) written in 2007, Annex D of TAN 8 provides further guidance on the refinement of SSAs. In 2005 PCC appointed Ove Arup and Partners Ltd to undertake a refinement exercise for SSAs B and C which was published early in 2006 11 (CD/COM/017 ). The refinement exercise suggested a reduction in the spatial area of SSA C, subdividing it into two separate eastern and western areas. This refinement retained all but the northern fringe of the Llanbadarn Fynydd development site as shown in Figure 3.11b within the Report. This was the situation that pertained in 2007 when the Llanbadarn Fynydd application was submitted. The refinement exercise has not been adopted as formal policy.

11 TAN 8 Annex D Study of Strategic Search Areas B (Carno North) and C (Newtown South) Final Issue Report, PCC, 2006.

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

5.5.2 Following on from comments on the 2006 Report and the associated PCC Draft Interim Development Control Guidance, PCC reappointed Arup to review the refinement in the light of Public Inquiry decisions and increases in the height of turbines available to developers. 5.5.3 These factors led to the incorporation of an additional 11km 2 to the area of so-called ‘unconstrained land’ for possible turbine siting in SSA C. The 2008 Local Refinement 12 (CD/COM/018 ) also applied limited sub-division of some of the zones that had been defined within SSA B and C as the basis for applying Arup’s methodology. As a consequence of the 2008 Local Refinement, SSA C once again becomes a single area, with eastern and western parts linked across the Ithon Valley to the north of the Llanbadarn Fynydd site. 5.5.4 Under the 2008 Local Refinement, the Llanbadarn Fynydd site’s suitability was confirmed. Zone 2: Banc Gorddwr as identified in 2006 was subdivided into the northern Zone 2a and the southern Zone 2b. This change meant that the Application site is now partly with the following Zones: • Zone 2b – Banc Gorddwr; • Zone 4 – Pen-y-Bank North; and • Zone 5 – Rhiw Garn. 5.5.5 These are all accorded medium-low landscape sensitivity values following a review of LANDMAP data and all scored well on the visual effects ranking, partly due to the three Zones all being sited towards the centre of SSA C. 5.5.6 With particular reference to the Llanbadarn Fynydd site, it is noted that in Zone 5 some land has not been included in SSA C to protect the setting of incised valleys i.e. Cwm Nant ddu. However it should be emphasised that all Llanbadarn Fynydd’s proposed turbines and access tracks are within the 2008 revision of SSA C. PCC Draft Interim Development Control Guidance 5.5.7 The 2008 Local Refinement led to the publication in May 2008 of the Second Draft Interim Development Control Guidance (“IDCG”) 13 (CD/COM/019 ) which was ‘formally authorised’ by PCC’s Board in April 2008 for use in development control decisions with immediate effect. The guidance has not been finalised or formally adopted. 5.5.8 SSA C is now termed “ Refined Newtown South SSA C ” and as stated in paragraph 6.6 of the Second Draft IDCG, it is one of PCC’s preferred areas for large (25MW or greater generating capacity) wind farm proposals. In paragraph 11.1 the Second Draft IDCG states that: “It is likely that SSAs in Powys will become prime examples of wind farm landscapes with intervisibility from Dyfnant Forest in the north to Llandinam/Llanbadarn Fynydd in the south. This is an accepted consequence of TAN 8 .. .” 5.5.9 The reference to TAN8 here refers to paragraph 8.4, which states that: “Within (and immediately adjacent to) the SSAs, the implicit objective is to accept landscape change i.e. a significant change in landscape character from wind turbine development .” Letter from John Griffiths - The Welsh Government, July 2011 5.5.10 As set out in the SCG, in July 2011 the WG Minister for the Environment and Sustainable Development wrote to all Welsh Planning Authorities to clarify what he considered to be the maximum installed capacity for each SSA (CD/COM/020 ). The letter explained that the Garrad Hassan (“GH”) study (CD/COM/031 ) identified a maximum capacity of circa 1,700 MW for all 7 SSAs. In light of the further 300MW of wind energy generation anticipated come from developments of a capacity under 25MW, the total onshore capacity would equate to the 2GW target

12 Local Refinement of TAN 8 Strategic Research Areas B and C: Review Exercise, April 2008. 13 Second Draft Interim Development Control Guidance on Wind Farm Development in Powys, Powys County Council, May 2008.

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

aspiration set out in policy document entitled ‘A Low Carbon Revolution for 2020 – 2025’. The Minister referred to the GH study identifying a maximum capacity for SSA C of 98MW. 5.5.11 The figures that are therefore referred to in the July 2011 letter, as being the ‘revised’ capacities for each of the SSAs, derive from the GH Report of June 2005, which identified the total of 1,666MW of capacity. This contrasts with the figures in the original TAN8 document, which as described above, are based on a straight one third reduction of the GH 2005 figures. 5.5.12 It is also considered that the Minister’s position, as expressed in the letter, in terms of stating that the figures for SSAs are maximum capacities, contradicts what TAN8 actually states. The letter effectively introduces fixed and capped capacity, a threshold which should not be exceeded. However, as has been set out above, TAN8 expressly states that the SSA capacity targets are not to be seen as the definitive capacity for the areas 14 . 5.6 Consideration of SSA Capacity Matters in Section 36 and NSIP Decisions 5.6.1 In terms of the question of whether the figure for the capacity of SSA C, as set out in TAN8 is a ‘capacity limit’, was explored in the Hearing of the Examining Authority for the application for Development Consent Order 15 for the Brechfa Forest West Wind Farm. It is informative to examine this, and in this regard, Mr Bell will make reference to the Examining Authority’s report of findings and conclusions and recommendation to the SoS for Energy and Climate Change dated 12 December 2012 ( CD/COM/035 ). 5.6.2 At paragraph 4.1.69 et seq , the Inspector addressed the question of TAN8 capacity limits. In this case, he identified that TAN8 recorded Brechfa Forest as an area deemed suitable for large scale wind farms and that TAN8 also identified “indicative” capacity targets for each SSA and noted “ with these intended to assist the planning process and not to be seen as the definitive capacity for the area” ( underlining added ). 5.6.3 The Inspector also referred to the July 2011 letter from the WG Minister for Environment and Sustainable Development to all local authorities in Wales which identified the maximum capacity of Brechfa Forest as 132MW. 5.6.4 In the case of Brechfa, (located in SSA G in Carmarthenshire) the other wind farms are: • The operational Alltwalis Wind Farm- 23MW; • The proposed Bryn Llewelyn scheme- 48MW; • The proposed Brechfa Forest East scheme - 36MW. 5.6.5 The maximum proposed capacity of the Brechfa Forest Wind Farm was 84MW. The Inspector stated at paragraph 4.170 of the Report that if all proposed wind farms were constructed to their maximum capacity, then the capacity limits proposed by WG for SSA G would be exceeded. 5.6.6 The Inspector went on at paragraph 4.171 to identify the key issues relevant to his consideration on this matter and he stated these were:- • “There can be no guarantee that the proposed wind farms will be consented and built. • In the case of Brechfa West, there is a thorough environmental assessment which considers the impact of the proposal….. and includes consideration of other actual other and potential wind farms. • While TAN8 is a relevant material consideration the main policy considerations are the National Policy Statements (NPS EN- 1 and NPS EN – 3) which identify the need for additional capacity ”. 5.6.7 The Inspector concluded at paragraph 4.172 that “ TAN8, as modified by the WG in 2011, does not provide grounds for rejecting the proposal for Brechfa West”.

14 TAN8 paragraph 2.5. 15 Under the terms of the 2008 Act.

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

5.6.8 It is also informative to examine a section 36 decision which addressed the matter of SSA capacity. In this regard Mr Bell will refer to the Pen Y Cymoedd Wind Farm Section 36 decision issued by DECC on 8 th May 2012 (CD/VATT/PLA/008 ). In this case the proposal was for 84 turbines with a generating capacity of some 299MW. There was no Public Inquiry for this development, but the SoS Decision Letter discusses a number of issues of relevance. 5.6.9 The SoS noted the WG target for onshore wind capacity by 2015 / 2017 and stated “ to do this, the Welsh Government will optimise ‘the use of the existing Strategic Search Areas set out in TAN8’ “(page 12). 5.6.10 On page 13 of the Decision, the SoS stated that the site was wholly within SSA F (Coed Morgannwg) as identified in TAN8. He added “ this location is therefore consistent with Welsh Government policy on the siting of large scale wind farms”. 5.6.11 At page 17, the SoS addressed cumulative matters and arrived at the conclusion that the position was acceptable and drew upon TAN8 in this regard, quoting from it the statement that :- “within and immediately (adjacent to) the SSAs, the implicit objective is to accept landscape change i.e. significant change in the landscape character from wind turbine development”. 5.6.12 At paragraph 4.4(x), the SoS addressed the question of whether in granting section 36 consent to the proposed development, he would exceed the onshore wind generating capacity for the SSA as identified in TAN8. In this regard, a parallel in this regard can be drawn with the situation in the Brechfa West circumstances (as already described above). 5.6.13 The response of the SoS (page 33) made reference to the WG target of 2GW of capacity by being provided by onshore wind generation and this was to be facilitated by TAN8. It also referred to the WG July 2011 letter reference to the maximum installed capacities in each of the SSAs identified in TAN8. He then went on to address the position in relation to capacity taking account of other proposed developments. 5.6.14 The SoS dealt with SSA capacity matters on page 34 of the Decision and at paragraph 4.4(w) highlighted that the maximum output of wind turbines (excluding the proposed development) which were at that time in the planning system, or had been consented or were in operation, amounted to 165.55MW. He added: “taking into account the maximum capacity of the development (299MW) the total possible for SS AF would be 464.5MW. This is more than that identified as being the maximum capacity for SSA F, i.e. a possible exceedance of some 8% of the maximum capacity”. 5.6.15 The SoS added that this situation of exceedance: “would only occur only if all developments currently the subject of planning applications were constructed as proposed. This may well not happen, and if it does, it can only be because the relevant planning decisions makers, having before them the details of actual applications rather than the generic assumptions about possible applications on which the maximum capacities in TAN8 were inevitably based, have concluded that the visual impacts of each development (both individually and cumulatively with others)are acceptable.” 5.6.16 It should be noted from the Appendix to the SCG (Table 2) that there are currently no consented or operational wind farm developments in SSA C at the present time. All other SSAs have consented wind farms within their boundaries, consented either prior or post to TAN8. Conclusions on Decisions 5.6.17 Taking both of the above decisions into account, relating to a section 36 application under the Electricity Act 1989 and the other an NSIP under the 2008 Act, it is clear that the SoS took the view that notwithstanding that the WG indicated in 2011 that: “ in a number of the SSAs developer interest has now greatly exceeded those indicative figures” and that it “ believes this level of development is unacceptable in view of its wider impacts on the local area”, it is important to examine objectively, the actual effects that would arise in particular circumstances and to judge acceptability on that basis.

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

5.6.18 Furthermore, the SoS placed weight on the position that not every proposal will necessarily receive consent or indeed would be built out. Importantly, in the Brechfa decision, the SoS accepted the Inspector's position that whilst TAN8 is a material consideration, the “ main policy considerations” are the NPS documents which identify the need for additional capacity. 5.6.19 This approach accords with paragraphs 2.2.1 and 2.2.2 of NPS EN3, which is entitled “ relationship with English and Welsh renewables policies ”. The paragraphs states that planning policy and advice issued by the WG will be relevant and applicants should: “explain in their applications [to the IPC] how their proposals fit with the guidance and support its targets or, alternatively, why they depart from them. Whether an application conforms to the guidance or the targets will not, in itself, be a reason for approving or rejecting the application ”. 5.6.20 NPS EN3 also adds with regard to SSA refinement exercises that: “where [the IPC] considers that any refinement of boundaries of strategic search areas for onshore wind development that has been undertaken by LPAs in Wales is both important and relevant to its decision, the IPC should be satisfied that such as exercise has been undertaken in accordance with the relevant guidance published by the Welsh Assembly Government ”. 5.6.21 The advice in NPS EN3 on the relationship between Welsh policy documents and NPS documents developments of national importance, such as the proposed development, reinforces the point that the NPS documents are the primary basis for the consideration of such proposals and determinations should be made in accordance with them. 5.7 Reference to Policy and SSAs in the Cabinet Report for Llanbadarn Fynydd 5.7.1 In terms of the planning policy context, it is relevant to examine the position of the planning officers of PCC in terms of how they presented the relevant policy context to elected members. It is set out in section 5 of the Cabinet Report ( AD/VATT/014a ) page 29. Paragraph 5.1 makes reference to the re-stating of capacity in those areas selected for large scale projects based on the findings of the Garrard Hassan Report of 2004, which indicated capacity sufficient to meet WG targets as set out in the Minister’s letter of 17 June 2011. This indicated that 1.7 GW be derived from wind farms in the SSAs. It states:- “in the case of SSA C the indicative capacity given in TAN8 was 70MW but increased as a ceiling to 98MW in a letter from the first Minister John Griffiths in July 2011”. 5.7.2 There is then reference to UK policy and in particular to NPS documents EN1 and EN3. 5.7.3 The officers reiterate the key principles on deciding applications as set out in EN1 including importantly, if the development contributes to meeting the need and is in accordance with the NPS documents, then consent should be given. It was also made clear that in the event of a conflict with existing planning policy that the NPS “will be followed”. 5.7.4 There is reference to various planning and energy policy documents which have already been addressed above in this Section. The officers also brought to the attention of elected members the PCC ‘Local Refinement of TAN8 SSA B and C’ Report (February 2008) ( CD/COM/018 ). It was explained that PCC commissioned Arup to undertake a more in depth landscape and visual appraisal of SSA C and the study suggested a movement of the SSA “ to the west on both sides of the River Ithon.” 5.7.5 The officer appraisal section of the Report (section 6 on page 37) deals with a number of detailed application specific matters which will be more appropriate to comment on in terms of the topic specific evidence in due course at a later session of the Inquiry. However, the appraisal does address matters relating to national energy and planning policy and it is relevant to make some observations on the position adopted by the officers of PCC. 5.7.6 On page 38 it is stated:

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

“in so far as TAN8 guidance is concerned, 8 of 17 turbines are within the boundary although more detailed appraisal undertaken on behalf of the Council when boundary refinement was being considered suggested that all but 2 could be accommodated. This raises the question of what weight to give to the characteristics of SSA C as opposed to an in depth assessment of the actual impacts of the scheme. It is stated in the TAN ‘that if there is robust evidence that land outside (but close to) the SSA is suitably unconstrained local planning authorities might wish to consider the possibility of development in these areas as well’ ”. 5.7.7 On page 39 of the Cabinet Report there is reference to the Council’s landscape consultant’s conclusion which was that:- “in so far as landscape impact is concerned, the proposal is located in an area of medium to low sensitivity and that, whilst is will partly include and be read in association with high quality areas to the south of Kerry Ridgeway, it is well designed in response to the surrounding landscapes. The cumulative impacts, particularly in relation to existing wind farms…. are considered to be acceptable”. 5.7.8 It adds that:- “it is relevant that Countryside Council for Wales, which set up LANDMAP in association with local authorities has examined the ES and, as a principal section 36 consultee on landscape matters, has not objected to the Secretary of State on the grounds of landscape impact”. 5.8 Conclusions 5.8.1 Mr Bell will explain that the NPS documents EN-1 and EN-3 are the starting point in terms of national planning policy. 5.8.2 Taking account of the renewable energy and national planning policy position as set out in the previous two Sections, the policy landscape is very supportive of new renewable energy generation infrastructure. Clearly not at any cost but the thrust of policy is very clear, which the Coalition Government has maintained, namely that new electricity infrastructure is an essential element of infrastructure at the national level. Urgency of need for new infrastructure is emphasised, as is the need to attain security of supply. 5.8.3 The NPS documents are particularly important material considerations. In summary: • The NPS documents provide the primary basis for the decision on the proposed development; • The NPS documents recognise that significant effects will arise from nationally important infrastructure; • The NPS documents set out a presumption in favour of consenting onshore wind farms of over 50MW; • In the event of conflict with development plan documents, the NPS documents are to prevail; • NPS EN-3 sets out various technology specific factors for energy infrastructure which need to be taken into account. 5.8.4 Overall, substantial weight needs to be given to the relevant NPS documents in this case. 5.8.5 It is important to note that in TAN8, it has been made explicitly clear that the installed capacity targets for each SSA are set to assist the planning process and were not to be seen as “ the definitive capacity for the areas ”. It also states that there may be practical, technical or environmental reasons why that capacity may be more or less than indicated in TAN8. 5.8.6 Whilst the Minister’s letter of July 2011 raises the capacity from 70 to 98MW in SSA C, i.e. back to the original GH figures as set out in their 2005 Report, it needs to be acknowledged that the capacity exercise in 2005 was based on turbines of a certain capacity assumption i.e. 2MW turbines as opposed to other larger capacities and indeed 3.5MW capacity turbines are proposed for the Llanbadarn Fynydd development. This further indicates that the capacity in TAN 8 should be treated as notional figures and weight should be placed on actual development proposals and their respective merits appraised objectively. Such an approach would be consistent with recent decisions on section 36 and NSIP projects in SSAs, as explained above.

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

5.8.7 The proposed development would be consistent with English and Welsh national planning policy. With regard to TAN8, the proposed development would be consistent with its provisions. This position been further reinforced by the suitability of the proposed development’s siting as confirmed in the PCC further refinement studies for SSA C. The detailed appraisal of the proposed development undertaken by the PCC's planning officers, including the conclusions of the Council’s landscape consultant, further underlines the suitability of the proposed development and its consistency with relevant national level policy. 5.8.8 The various national policy documents also set out a number of environmental considerations which need to be taken into account. These have addressed in the EIA process and the environmental effects are considered to be acceptable. 5.8.9 Overall, Government policy is very supportive to the proposed development and should be afforded significant weight.

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

6 Conclusions

6.1.1 This Section sets out overall conclusions at this stage of the Inquiry. 6.2 The Electricity Act 1989 6.2.1 Reference has been made to the statutory context for the application. The proposed development requires to be considered under the terms of the 1989 Act, in particular the Schedule 9 duties. 6.2.2 Paragraph 3(2) of Schedule 9 to the 1989 Act provides a specific statutory requirement on the Secretary of State to have regard to various matters when considering development proposals. The information that is contained within the individual topic Sections of the ES for the proposed development addresses these. The effects of the proposed development will be examined at a later stage of the Inquiry. 6.2.3 It is considered that the detailed work undertaken for the EIA has confirmed that the proposed development is environmentally acceptable. The Applicant has fulfilled the obligations under Schedule 9 of the Electricity Act in this regard. 6.2.4 These duties apply whatever the relevant local policy circumstances expressed through the development plan may be. Therefore the approach required in this case is fundamentally different to the conventional approach for planning decisions under section 38(6) of the Planning & Compulsory Purchase Act 2004. 6.3 Energy Policy Context 6.3.1 Mr Bell will explain the energy policy context for the proposed development and a broad level of agreement has been expressed on this as set out in the SCG. Mr Bell will demonstrate that the proposed development is consistent with relevant energy policy, in particular the various policy documents at the UK and Welsh Government level. The proposed development would make a direct and valuable contribution to achieving renewable energy generation targets in the UK and would support central Government policy which is to encourage more electricity generation from renewable sources. 6.3.2 UK Government policy envisages renewable energy contributing more than 30% of electricity by 2020. The 30% figure was confirmed in the recent Annual Energy Statement. There remains a significant national level shortfall against this figure. The Government has confirmed its long term commitment to the decarbonisation of electricity generation and the proposal would help advance this policy objective. Energy policy is a very important material consideration in this case and should be afforded substantial weight in favour of the proposed development. 6.4 National Planning Policy 6.4.1 Mr Bell will refer to various national planning policy documents at the UK and Welsh Government levels. These documents reflect the energy policy framework and translate a number of the energy policy objectives into expressions of national planning policy. 6.4.2 As part of the national planning policy suite of documents, the relevant National Policy Statements are very important material considerations in this case, namely NPS EN-1 and EN-3 - these documents should be afforded substantial weight and the proposed development should be determined in accordance with them, as the primary policy basis. 6.4.3 It is clear that the Government has emphasised the urgency and need for the type of development proposed. NPS EN-1 (paragraph 3.4.5) states that it is necessary to “ bring forward new renewable electricity projects as soon as possible. The need for new renewable electricity generation projects is therefore urgent ”. 6.4.4 It has been highlighted that NPS EN-1, when combined with the relevant technology-specific energy NPS EN-3, provides the primary policy basis for the decision 6.4.5 NPS EN-1 states that given the level and urgency of need for infrastructure of the types covered by the energy NPSs, the starting point should be a presumption in favour of granting consent.

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

6.4.6 PPW confirms the role of TAN8 and in particular its identification of the most appropriate locations for large scale wind farm development, and states that it is these areas that will be required to contribute significantly to the Welsh Government’s onshore wind energy aspiration for 2GW of total capacity by 2015/17, as well as to UK and EU renewable energy targets. At the present time there is a substantial shortfall against this 2GW figure. 6.4.7 Detailed reference has been made to TAN8, its evolution and subsequent policy expressions by the Welsh Government in terms of the Government’s view of SSA capacities. Reference has also been made to the refinement studies undertaken by PCC, with particular regard to SSA C. 6.4.8 It will be demonstrated that there is a clear evidential basis to show that the proposed development is consistent with the original TAN8 spatial zoning and capacity, as well as with the refinement exercise progressed by PCC. The proposed development with an installed capacity of 59.5MW would be within the original TAN8 SSA C ‘Newtown South’ notional capacity figure of 70MW and also the revised TAN 8 capacity figure of 98MW as set by the WG. Notwithstanding this position, it is important to base judgements on the acceptability of proposed development on an objective appraisal of landscape and other predicted effects identified through the EIA process. In this regard it is considered that the proposed development is environmentally acceptable.

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

7 Appendix 1: Representation at Hearing

7.1.1 This section sets out a qualifications and experience statement from Mr David Bell of Jones Lang LaSalle who will be presenting planning and energy policy evidence on behalf of the Applicant at the Hearing session. 7.2 Qualifications 7.2.1 My name is David Campbell Bell. I hold a First Class Bachelor of Science (Honours) degree in Town and Country Planning from Heriot-Watt University and a Diploma in Urban Design from the University of Strathclyde. I am a corporate member of the Royal Town Planning Institute and the Chartered Institute of Highways and Transportation. 7.3 Experience 7.3.1 I have over 20 years of experience in planning and development. I am a Director with Jones Lang LaSalle and joined the company in 2000. I have responsibility for the firm’s renewable and clean energy development services throughout the UK. Prior to employment with Jones Lang LaSalle, I was a Development Planner and then Associate with Halcrow Fox in Edinburgh. Prior to this, I worked for two years with Gillespies in Glasgow and one year with Shankland Cox Limited in London. 7.3.2 My experience has involved a wide range of planning and development consultancy for retail, business, industrial, residential, mixed use and infrastructure developments and I have given advice to public and private sector clients throughout the UK and on various commissions overseas. My involvement in the energy sector has ranged from providing planning advice to British Nuclear Fuels Limited on the change of the Magnox to Pressurised Water Reactor at Chapelcross Nuclear Power Station, to advising on development aspects of coal and gas fired Power Stations. I have also advised on large scale Clean Coal and Carbon Capture and Storage Power Station developments. 7.3.3 I have advised a number of private companies on wind farm, hydro, pump storage and biomass renewable energy developments throughout the UK in recent years, ranging from initial scoping and feasibility studies, managing community consultation initiatives, to the provision of detailed planning advice. 7.3.4 I have acted as a witness on planning issues at Local Plan and Appeal Inquiries, including Inquiries in relation to wind farms with regard to planning applications and section 36 and 37 applications under the Electricity Act 1989. I am advising on various wind farm developments throughout the UK, including medium scale projects in Sussex, Somerset, Yorkshire, the West and East Midlands, various projects in Wales and on various projects in Scotland, including the 103 turbine ‘Viking’ scheme on the Shetland Islands. 7.3.5 I have considerable experience of managing Environmental Impact Assessments (EIAs) for various types of developments, such as roads, railways, major urban and rural developments, including overhead transmission lines and wind farms. I advised Scottish Hydro Electric Transmission Limited on planning matters in relation to the Beauly Denny overhead transmission line section 37 16 applications, and presented planning evidence on their behalf at the Beauly Denny Inquiry in 2007. I have advised both Scottish Power and Scottish and Southern Energy on overhead line projects in Wales, including National Infrastructure applications. 7.3.6 I have undertaken and directed various planning research projects and have provided advice to central Government on policy and environmental planning matters. I played a major role in preparing Planning Advice Note 44 in relation to new development and landscape planning and in the research study Fitting Roads , both undertaken for the then Scottish Executive.

16 Section 37 of the Electricity Act 1989.

Vattenfall Wind Power Ltd – Llanbadarn Fynydd Wind Farm Statement of Case

The evidence which has been prepared and provided for this Inquiry (in this Statement of Case) is true and has been prepared and is given in accordance with the guidance of Mr Bell’s professional institutions and he confirms that the opinions expressed are his true and professional opinions.

David C. Bell BSc (Hons) Dip UD MRTPI MCIHT Regional Director Jones Lang LaSalle 7 Exchange Crescent Conference Square Edinburgh, EH3 8LL + 44 (0) 131 301 6720 [email protected]

COPYRIGHT © JONES LANG LASALLE IP, INC. 2013. This publication is the sole property of Jones Lang LaSalle IP, Inc. and must not be copied, reproduced or transmitted in any form or by any means, either in whole or in part, without the prior written consent of Jones Lang LaSalle IP, Inc. The information contained in this publication has been obtained from sources generally regarded to be reliable. However, no representation is made, or warranty given, in respect of the accuracy of this information. We would like to be informed of any inaccuracies so that we may correct them. Jones Lang LaSalle does not accept any liability in negligence or otherwise for any loss or damage suffered by any party resulting from reliance on this publication.