MERTHYR TYDFIL COUNTY BOROUGH COUNCIL DATE WRITTEN December 2006 – October 2008 REPORT AUTHOR A N Davies HEAD OF SERVICE A N Davies COMMITTEE Special Council COMMITTEE DATE 1st December 2008 TO: Mayor, Ladies and Gentlemen Application No. Date Determining Authority P/06/0573 23 rd October 2006 MTCBC Proposed Development Location Name & Address of Applicant/Agent Wind Farm comprising 5 Land at Merthyr/ Bheara wind turbines, wind monitoring Gelligaer common, north Knowle Farm mast, switch station, access of Pengarnddu West Compton tracks and ancillary works Dowlais Top Shepton Mallett (Full) Merthyr Tydfil BA4 4PD PURPOSE OF REPORT: To consider report and recommendation on Planning Application No. 060573. CONTENTS 1.0 SUMMARY REPORT 2.0 DESCRIPTION OF APPLICATION SITE AND REASONS FOR SITE SELECTION 3.0 PLANNING HISTORY OF APPLICATION SITE AND BACKGROUND TO CURRENT APPLICATION 4.0 PROPOSALS SUBJECT OF PLANNING APPLICATION 5.0 PLANNING APPLICATION DETAILS 6.0 PUBLICITY AND THIRD PARTY REPRESENTATIONS 7.0 CONSULTATIONS AND RESPONSES 8.0 PLANNING POLICIES AND PLANNING GUIDANCE 9.0 MATERIAL PLANNING CONSIDERATIONS 10.0 CONCLUSIONS AND RECOMMENDATION APPENDIX 1 Environmental Statement Non Technical Summary (submitted by applicants) APPENDIX 2 Aerial Photograph of Application Site and Surrounding Area Please note: • the bold figures in brackets in the summary report refer to the relevant sections of the main report. • italicised text usually refers to quoted extracts from other documents. 1.0 SUMMARY REPORT SR1 The previously submitted application was refused planning permission in November 2005 for two distinct reasons: firstly the unacceptable, adverse impact of the development upon the quality and character of the landscape; secondly the adverse impact of the wind farm construction on the ecology of the area (3.4) . The current proposal is situated within the same application site, but seeks permission for 5 rather than 9 wind turbines. (4) . This fresh application falls to be determined on its respective merits. The conclusion of the case officer, (my Head of Town Planning), is that the effect of the reduction in the number of wind turbines is marginal and that the potential benefits of this proposal to generate renewable energy are outweighed by the adverse landscape and ecological impacts. For that reason the recommendation is to again refuse planning permission for essentially the same two reasons, albeit worded slightly differently from the previous refusal decision. SR2 The purpose of the town planning system, as enshrined in post war national government policy, is to regulate the development and use of land in the public interest. The Welsh Assembly Government, through Planning Policy Wales (PPW), advises local planning authorities that it has a duty to reconcile the often competing needs of development and conservation, securing economy, efficiency and amenity in the use of land and protecting natural resources and the historic environment, thereby contributing to sustainable development, i.e. development which meets the needs of the present without compromising the ability of future generations to meet their own needs. The decision in this context has to be made between two laudable, but competing, requirements. On the one hand there is a need to combat global warming and halt climate change by, amongst other things, encouraging the use of renewable energy, in place of fossil fuels. On the other hand, there is the need to maintain the integrity and quality of the landscape, particularly designated landscapes (in this case National Park) in the public interest. In this revised application, the applicants have offered a compromise: a reduced number of wind turbines. An issue now for decision takers is whether a compromise is possible or whether the competing requirements are mutually exclusive:- the acceptance of one of the propositions would, by definition, preclude acceptance of the other. WAG and this Council, via the Town Planning Division, are committed both to protecting the designated and other landscapes and to encouraging renewable energy in all its forms, including (but not exclusively), wind generated energy. SR3 The planning report attempts to address and balance all relevant issues in the report. The report is set out as follows. The application site and turbine positions, including their distances relative to settlements are described in detail (2) . The development control history of the application site is also described (3) . The report describes the proposals in some detail, including the wind turbine elements, dimensions, construction and other details. (4) . The planning application is described in detail (5) and reference is made to the Environmental Statement, the Planning Appraisal and the Non Technical Summary, along with the “further” information submitted by the applicants. This section describes, in detail, the issues covered by the Environmental Statement, the conclusions of the Statement, the stated economic and other benefits deriving from the scheme, together with proposed planning obligations (5.3; 5.4; 5.5) . The measures to publicise the application, together with third party responses are detailed (6.1 and 6.2) . The representations received by individual letters and, in petition form, together with issues raised by the Commoners are summarised. Reference is also made to those representations submitted with the previous application. The report refers to statutory consultee responses. Of the internal consultees, objections were lodged by the Town Planning Division’s Countryside Officer and by the Landscape Architect (7.1.6 and 7.1.7) . Of the external consultees, objection was lodged by CCW, Environment Agency, RSPB (Cymru) and Brecon Beacons National Park (7.2.4, 7.2.6, 7.2.15 and 7.3.1) . The remaining consultees offered no objection, advice, comment or did not respond. The policy section of the report illustrates the dilemma for the decision taker. The key international, EU and UK policy statements and strategies are set out in the report (8.1.1 to 8.1.13; 8.15 – 8.1.18) . They, together with the national policy statements and strategies acknowledge the threat of global warming and the need to halt climate change by, amongst other things, encouraging renewable energy in its various forms, including wind farm generated electricity. Whilst this Council, through the Town Planning Division, takes these obligations seriously, planning applications must be assessed in accordance with the adopted development plan, which is the primary land use policy document for determining planning applications. The (structure and local) development plans, which have been adopted by WAG, permit renewable energy schemes including wind farms, but similarly the Deposit Version of the Local Development Plan is largely unsupportive of this revised proposal, largely due to its intended location. (8.2.1; 8.2.2; 8.2.3) . The principal Welsh Assembly Government land use planning policy document (Planning Policy Wales) is concerned primarily with the protection of designated landscapes, including National Parks and habitats, emphasising that National Parks must be afforded the highest status of protection from inappropriate developments, stating that development control decisions should give great weight to conserving and enhancing these areas (8.14) . The Welsh Assembly Government’s principal guidance on renewable energy, including wind farms, is Technical Advice Note 8 : Planning for Renewable Energy (8.3.2) . The main thrust of this guidance is that on shore wind farm development should be steered, so that large wind farms should be concentrated within Strategic Search Areas (SSAs); most areas outside SSAs should remain free of large wind power schemes unless they relate to small, community based schemes (of less than 5 MW) or schemes (of up to 25 MW) but contained within urban/industrial brownfield sites. It emphasises that the integrity and quality of National Park landscape should be protected. The report also addresses and gives appropriate weight to the various material planning considerations, most of which were raised by residents and others. They include, in alphabetical order: alternatives to the submitted proposal, archaeological resources; common land; cumulative impact; danger/health impact; ecological impact; economic benefits; environmental benefits; highway safety and traffic generation; landscape and visual impact; noise; precedent; proximity; residential amenity; tourism and vibration. (9.1 – 9.3) . The report concludes (10.1) that, for the reasons stated in the report, there is little to support the revised planning application and that for the reasons given (10.2) the application should be refused for distinct reasons. N.B. Council will note that, on 14 th February 2007, the Planning and Regulatory Committee accepted my recommendation that this planning application should be referred to a Special Council, for the following reasons: 1. the proposal, by its nature, size and location, will have impacts beyond the locality within which the application site lies; 2. in the interests of consistency and transparency given that the previous planning application was considered and determined by a Special Council. 2.0 DESCRIPTION OF APPLICATION SITE AND REASONS FOR SITE SELECTION 2.1 Description of Application Site Please read in conjunction with the aerial photograph and Non Technical Summary (Appendices 1 & 2 ). The application site, as indicated in red, pecked line on the submitted plans, comprises