Electricity Act 1989 The Electricity Generating Stations and Overhead Lines (Inquiries Procedure) (England and Wales) Rules 2007 Statement of Case on behalf of FFERM WYNT LLAITHDDU CYF in connection with an application dated 7 May 2008 for consent to construct and operate a 66.7MW Wind Turbine Generating Station in Powys, Mid- Wales (‘Llaithddu’) in respect of the Hearing Session on energy and planning policy of the conjoined inquiry which is also considering proposals by: VATTENFALL, in connection with an application dated 30 November 2007 for consent to construct and operate a 59.5MW Wind Turbine Generating Station in Powys, Mid-Wales (‘Llanbadarn Fynydd’) CELTPOWER LIMITED in connection with an application dated 9 May 2008 for consent to construct and operate a 126MW Wind Turbine Generating Station in Powys, Mid-Wales (‘Llandinam’) RES UK & IRELAND LIMITED in connection with an application dated 27 March 2009 for consent to construct and operate a 100 MW Wind Turbine Generating Station in Powys, Mid- Wales (‘Llanbrynmair’) RWE NPOWER RENEWABLES LIMITED in connection with an application dated 11 December 2008 for consent to construct and operate a 150MW Wind Turbine Generating Station in Powys, Mid-Wales (‘Carnedd Wen’) SP MANWEB PLC in connection with an application dated 2 December 2009 to install and keep installed a 132kV overhead electric line connection from Llandinam Wind Farm to Welshpool Substation in Powys, Mid-Wales rpsgroup.com CONTENTS 1 INTRODUCTION ..................................................................................................................................... 1 2 NATIONAL POLICY STATEMENTS ...................................................................................................... 5 3 THE NEED FOR RENEWABLE ENERGY DEVELOPMENT ................................................................ 9 4 WELSH RENEWABLE ENERGY AND PLANNING POLICY .............................................................. 13 5 STRATEGIC SEARCH AREA C TARGETS ........................................................................................ 16 6 CONCLUSIONS .................................................................................................................................... 24 APPENDIX: 1. Map of the SSA C boundary changes as set out in the Arup Study (2005) 2. Map of SSA C boundary as set out in TAN8 (2005) 3. Map of SSA C zones/sub areas and Table 9a from Arup TAN 8 Annex D Study of Strategic Search Areas B (Carno North) and C (Newtown South) (January 2006) 4. Map of Refined Newtown South SSA C as set out in Powys County Council Interim Development Control Guidance Onshore Wind Farm Developments (IDCG) (April 2008) rpsgroup.com 1 INTRODUCTION 1.1 This Statement of Case has been prepared by Darren Parker on behalf of Fferm Wynt Llaithddu (the applicant) in connection with an application dated 7 May 2008 for consent to construct and operate a 66.7MW Wind Farm Generating Station in Powys known as Llaithddu Wind Farm. 1.2 I am a member of the RTPI. I am the Director responsible for the Cardiff office of RPS, which is involved in infrastructure projects across Wales. I have over 20 years planning and development experience including public inquiries and local plan examinations. 1.3 The Secretary of State for Energy and Climate Change has given notice (CD/COM/011) in December 2012 that a combined public inquiry will be held under Section 62 (3) and Schedule 8 of the Electricity Act 1989 into the following applications made under sections 36 and 37 of the 1989 Act and the applications for directions under section 90 that planning permission be deemed to be granted for each of the following proposed developments: VATTENFALL, in connection with an application dated 30 November 2007 for consent to construct and operate a 59.5MW Wind Turbine Generating Station in Powys, Mid-Wales (‘Llanbadarn Fynydd’) FFERM WYNT LLAITHDDU CYF in connection with an application dated 7 May 2008 for consent to construct and operate a 66.7MW Wind Turbine Generating Station in Powys, Mid-Wales (‘Llaithddu’) CELTPOWER LIMITED in connection with an application dated 9 May 2008 for consent to construct and operate a 126MW Wind Turbine Generating Station in Powys, Mid-Wales (‘Llandinam’) RES UK & IRELAND LIMITED in connection with an application dated 27 March 2009 for consent to construct and operate a 100 MW Wind Turbine Generating Station in Powys, Mid-Wales (‘Llanbrynmair’) RWE NPOWER RENEWABLES LIMITED in connection with an application dated 11 December 2008 for consent to construct and operate a 150MW Wind Turbine Generating Station in Powys, Mid-Wales (‘Carnedd Wen’) SP MANWEB PLC in connection with an application dated 2 December 2009 to install and keep installed a 132kV overhead electric line connection from Llandinam Wind Farm to Welshpool Substation in Powys, Mid-Wales 1 rpsgroup.com Scope of Statement of Case 1.4 This Statement of Case responds to the following matters that have been identified by the Secretary of State (SofS) in his notice as likely to be relevant to his consideration of the proposed wind farm developments: SofS Matter 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; SofS Matter 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 (CD/COM/001) and National Policy Statement for Renewable Energy Infrastructure (EN-3) July 2011(CD/COM/002); SofS Matter 3. the extent to which the proposed developments are consistent with Welsh Government and local policies: including Planning Policy Wales, Edition 4 (2011) (CD/COM/007); Technical Advice Note 8: Planning for Renewable Energy (2005) (CD/COM/016); and Energy Wales: A Low Carbon Transition (2012) (CD/COM/033); and Powys Unitary Development Plan (adopted March 2010) (CD/COM/006); 1.5 The Planning Inspectorate letter dated 10 April 2013 also seeks clarification of views on the ‘interrelationship between national energy policy statements NPS-01 and NPS-03, and Welsh Policy, including the spatially specific approach and finite environmental capacities for the Strategic Search Areas as set out in TAN8 (as clarified in the Minister’s letter of July 2011).’ 1.6 This Statement of Case will also respond to this specific matter. 1.7 As a S36 Electricity Act (CD/COM/023) application, the primacy of the development plan as set out in S38 (6) of the Planning and Compulsory Purchase Act 2004 does not apply. 1.8 Having regard to the current decision making process for schemes for plus 50MW renewable energy schemes the policy hierarchy is set out in the National Policy Statement EN1 and EN3, then Planning Policy Wales, Edition 5 2012 (CD/COM/008); Energy Wales: A Low Carbon transition (2012) and Powys Unitary Development Plan (UDP) (2010). 1.9 The National Policy Statements provide the primary policy basis and confirms the urgent need for new electricity capacity and in particular low carbon development including onshore wind. Planning Policy Wales (2012) is also supportive of renewable energy development with a specific objective on providing 2GW of onshore wind by 2015/2017. 2 rpsgroup.com 1.10 Other material considerations of relevance to this inquiry include: Legally binding target set out in the EU Renewable Directive 2009/28/EC (CD/COM/021) which requires 15% of renewable energy to be provided by 2020; the extensive UK and Welsh energy policy legislation which promote targets for renewable energy development and the reduction in carbon emission; TAN8 which provides technical advice in support for Planning Policy Wales and identities Strategic Search Areas in Wales; Research by Garrad Hassan (CD/COM/031) and Arups (CD/COM/010) to inform TAN8; The Interim Development Control Guidance Onshore Wind Farm Developments (IDCG) which was first issued by Powys County Council in February 2006 and was subsequently updated in April 2008 (CD/COM/019). This sets out the results of the SSA refinement process undertaken in accordance with TAN8; Research by Arups to inform IDCG (CD/COM/017) The decision in December 2012 for Brechfa Forest Wind Farm within Strategic Search Area G (CD/COM/007); and John Griffiths Welsh Government’s Minister for Environment and Sustainable Development letter dated July 2011 regarding TAN8 targets (CD/COM/020). 1.11 These important material considerations are considered within this Statement of Case having regard to the primacy of the NPSs and the policy hierarchy set out above. 1.12 It is important to note that Powys County Council (PCC) considered the Llaithddu application at their Cabinet meeting on 25th September 2012 and did not object to the application in terms of the relevant UK and Welsh energy and policy relating to need and targets for onshore wind energy development. 1.13 A Developer Statement of Common Ground on Planning and Energy Policy (Developer SCG) has been agreed between the six applicants to which the combined public inquiry is held. This SCG has also been forwarded to Powys County Council in its capacity as the Local Planning Authority for the areas in which these developments would take place, but has not been agreed at the time of writing. The Developer