Planning, Taxi Licensing and Rights of Way Committee Report Application No: VAR/2015/0036 Grid Ref: 299000 301000 Community Carno, Dwyriw, Welshpool Valid Date: Officer: Council: 22/09/2015 Mr Andrew Metcalfe, Planning Consultant Applicant: Awel Newydd Cyf (ANC) Location: Tirgwynt Windfarm, Near Carno Proposal: Modification of Section 106 Agreement attached to M/2007/0931 to amend the definition and schedule 6 as stated in application Application Discharge/ variation of Section 106 Agreement Type: The reason for Committee determination At the request of the Monitoring Officer. Site Location and Description The application seeks to modify the Section 106 Agreement attached to M/2007/0931. This permission relates to Tirgwynt Wind Farm, a development of 12 wind turbines at Mynydd yr Hendre & Mynydd Pistyll Du (Tirgwynt Wind Farm) Near Carno and which was approved on 9th March 2012. The background to the request is that a planning application (P/2014/1087) for highway upgrades and associated works on land between the A458 and the Tirgwynt wind farm to facilitate deliveries of abnormal indivisible loads (AILs) was granted permission on 23rd October 2014. This, together with amendments to the conditions imposed on the original consent (P/2013/0026) on 31st October 2013 (including condition 12 relating to AIL movements) render certain elements of the existing Section 106 Agreement redundant. The applicant provides, as part of the application submissions, reasoning for the suggested amendments but notes that the precise wording of the deed of variation would need to be agreed with the Council's officers prior to issuing a decision notice. Consultee Response: Welshpool Town Council: The Committee supports the application. The observation does in no way give any indication of any support for wind farm development in Montgomeryshire. Dwyriw Community Council 1 No comment. Cyngor Cymuned Carno Community Council No objection, the Community Council has no issues with the amendments. PCC Highways Whilst they have no objection to the principle of amending the Section 106 Agreement, the wording proposed at Schedule 6, para 1.1 should have the effect of requiring a buildings condition survey to be carried out prior to AIL movements (rather than prior to commencement).. The buildings that would be required to be surveyed would be agreed with the developer after a drive along the entire route with officers from the Highway Authority. Furthermore, the proposed wording at para 1.1.11 should make clear that the building conditions survey must be submitted to the Council at least three months prior to the first AIL movement. Subject to the results of the building surveys works may be required to mitigate any potential structural weaknesses identified Representations Two correspondence of objection have been received. The issue relevant to this variation can be summarised as follows: The traffic situation is going to be horrendous. Surveying should not be limited to AILs. Attention should be given to structures such as walls, bridges and railways. People are not aware of amendments being made to consents. Planning History M/2007/0931 – Construction of 12 wind turbine generators (tower height of 80m) , crane hardstandings, access tracks, electricity substation and anemometer mast together with engineering operations involving 3 no. borrow pits and underground electricity cable network – approved subject to Section 106 Agreement (9th March 2012). P/2013/0026 – Variation of conditions 23, 32, 42, 14, 15 and 49 (Table 1) of planning approval M2007/0931 – approved (31st October 2013). NMA/2014/0010 – Application for non-material amendment: amendment to planning condition nos. 12, 13 & 15 of planning permission P/2013/0026 – planning permission not required (2nd March 2015). P/2014/1087 – Full: Highway upgrades and associated works on land between the A458 and the Tirgwynt wind farm to facilitate deliveries of abnormal indivisible loads – approved (23rd June 2015). 2 Principal Planning Policies UDP Policy GP4 (Highway and Parking Requirements) Planning Policy Wales (2014) RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement Officer Appraisal Tirgwynt Wind Farm was granted consent subject to a Section 106 agreement under application no. M/2007/0931 on the 9th March 2012. This application was followed by an application (P/2013/0026) for variation of conditions 23, 32, 42, 15 and 49 of the consented scheme. This application was given consent on 31st October 2013. Conditions 14, 15 and 42 relate to the highways and access. In November 2014, a non-material amendment (application no. NMA/2014/0010) was submitted by the applicant to make amendments to planning permission P/2013/0026. The application was to amend condition nos. 12, 13 and 15. A separate planning application (P/2014/1087) was submitted for works to the highways on land between the A458 and the Tirgwynt Wind Farm to transport AILs onto site. The application was for upgrading the existing highway to facilitate delivery of the 45m turbine components. Planning permission was granted on 10th July 2015. The above applications have the effect of rendering certain elements of the existing Section 106 redundant or inaccurate. Additionally, application NMA/2014/0010 amends condition 12 of the planning permission P/2013/0026 to allow AIL accommodation works to be carried out ‘post’ rather than ‘pre’ commencement of development. This application seeks to modify the Section 106 agreement as follows: The definitions for ‘Building Survey’, ‘Construction Traffic’, and ‘Traffic Management Plan’. The text within Section 6 to bring it in line with extant permissions with regard to timings. In particular, obligations required to have been satisfied prior to commencement of development. The applicant has provided suggested text to explain the nature and extent of the variation sought. However, it is noted that the proposed text would result in some unacceptable consequences as highlighted by the response from PCC Highways. Therefore the amendments as proposed require further negotiation. It is hoped that an agreed version of the amendments can be produced to committee as an “up-date” However, making changes to the Section 106 so that it properly reflects what has been permitted to date is considered appropriate. The question of whether the changes made in these previous applications are acceptable in planning terms has been established when these changes were approved. Recommendation: 3 It is considered that this proposal to seek to amend the Section 106 Agreement so that it is in accordance with the original and subsequent permissions is acceptable in principle. However, it is considered that the amended wording suggested by the applicant requires further negotiation. Accordingly, it is recommended that the application be delegated to the Professional Lead for Development Management to finalise the amended wording of the S106 Agreement in accordance with Highway Authority advice. 4 .