The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016, Regulation 13 Scoping Opinion

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1 Mr Graham Clark Berrys Newchurch Farm Kinnersley Hereford HR3 6QQ BY The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016, Regulation 13 Scoping Opinion SC/2017/0001 in respect of: Request for Scoping Opinion under the EIA Regulations 2011 in relation to proposed erection of two replacement larger poultry units at Existing Poultry site at Gaufron, Howey, Llandrindod Wells, Powys, LD1 5RG Background to Project A screening opinion request was submitted under reference SO/2016/0008 (Grid Ref: / ) for proposed erection of two replacement larger poultry units at Existing Poultry Site, Gaufron, Howey, Llandrindod Wells, Powys. The Planning Authority determined that a statutory Environmental Impact Assessment should be requested and as such any application for planning permission is required to be accompanied by an Environmental Statement (ES). Introduction and regulatory context Sue Bolter Pennaeth Adfywio, Eiddo a Chomisiynu / Head of Regeneration, Property & Commissioning The Gwalia Ithon Road Llandrindod Wells Powys LD1 6AA Our ref: SC/2017/0001 Date: 22/02/2017 If calling ask for: Kate Bowen Direct line: kate.bowen@powys.gov.uk This is a scoping opinion adopted by Powys County Council, as the Local Planning Authority, under Regulation 13 of The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations It is made in response to the Scoping Request submitted by Berrys on the 18 th January 2017.

2 The development proposed, namely erection of two replacement larger poultry units at Existing Poultry Site, Gaufron, Howey, Llandrindod Wells, Powys falls within the description at paragraph 1(c) of Schedule 2 to the 2016 Regulations. Since the proposal exceeds the threshold in column 2 of the table in Schedule 2 to the 2016 Regulations, it is considered that the proposal is Schedule 2 development within the meaning of the 2016 Regulations. Schedule 4 of The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 sets out the general information that should be included in an Environmental Statement and reference should also be made to the guidance set out within Welsh Office Circular 11/99. This includes a non-technical summary and an outline of the main alternatives considered by the applicant. It also sets out the information that may reasonably be required to assess the environmental effects of a proposed development, and states that the direct, indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the proposal should be assessed. The emphasis of Schedule 4 is on the main or significant environmental effects. Under the terms of the Regulations, a planning authority shall not adopt a Scoping Opinion until it has consulted those bodies that would have been required to be consulted had a planning application for the development been submitted. This is to give the consultation bodies the opportunity the opportunity to identify significant environmental effects and any other issues which they consider the applicant should address. In this case the planning authority has consulted Disserth and Trecoed Community Council, Natural Resources Wales, Powys County Council Environmental Health, Powys County Council Ecologist, Cadw, Powys County Council Countryside Services, Powys County Council Land Drainage, Powys County Council Highway Authority and Clwyd Powys Archaeological Trust as statutory consultees and internal consultees. A copy of the responses received is included at appendix 1. The Regulations (Regulation 13(9)) provide that a planning authority shall not be precluded, after a scoping opinion has been adopted, from requesting additional information from an applicant once the relevant planning application and Environmental Statement have been submitted. In consideration of the Regulations, the information contained within the formal scoping request and the consultation response, it is the planning authority s opinion that the following information should be provided in the Environmental Statement for the proposed erection of two replacement larger poultry units at Existing Poultry Site, Gaufron, Howey, Llandrindod Wells, Powys.

3 Public consultation In accordance with The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016, if the proposed development will be classified as a major development, pre-application consultation will be required to be carried out. A pre-application consultation report (PAC) would be required to accompany an application. Site Description The site lies approximately 1.3km to the south west of the settlement of Howey. There are two dwellings located to the south west of the boundary of the screening opinion at distances of approximately 13 metres and 20 metres. The Heart of Wales Railway Line travels along the eastern boundary of the site. The Environmental Statement (ES) should include a description of the existing site and surroundings. This should include distances from the boundary of the application site to residential and other developments, to identified areas and designated sites of environmental and nature conservation interest, to recreational areas and rights of way, watercourses, other water bodies and agricultural land and its location in relation to road networks. This should be followed by a detailed description of the proposed development in particular the elements identified in the EIA Regulations Schedule 4 Paragraphs a, b and c. Whilst the description of the proposal contained within the Scoping Request is detailed, it would be beneficial to ensure that the requirements of Paragraphs a, b and c are included in the ES. Description of the Development The Scoping Opinion sets out the information which the Local planning Authority considers will need to be provided in the Environmental Statement (ES) to accompany a forthcoming planning application. It is understood that the application will include: Demolition of five existing poultry buildings; Erection of two replacement poultry buildings measuring 96m x 27.4m and 6.6m in height to the ridge to accommodate 44,000 rearing birds; and Siting of four feed bins. Planning Policy Context National Planning Policy

4 Planning Policy Wales (Edition 9, 2016) Technical Advice Note 5 Nature Conservation and Planning (2009) Technical Advice Note 6 Planning for Sustainable Rural Communities (2010) Technical Advice Note 8 Renewable Energy (2005) Technical Advice Note 11 Noise (1997) Technical Advice Note 12 Design (2016) Technical Advice Note 13 Tourism (1997) Technical Advice Note 16 Sport, Recreation and Open Space (2009) Technical Advice Note 18 Transport (2007) Technical Advice Note 23 Economic Development (2014) Welsh Office Circular 60/96: Planning and the Historic Environment: Archaeology Welsh Officer Circular 61/96: Planning and the Historic Environment: Historic Buildings and Conservation Areas Welsh Government Circular 016/2014 The Use of Planning Conditions Local Planning Policy Please note that the Powys Unitary Development Plan ( ) is the adopted development plan for Powys but it has reached the end of its plan period. The Powys UDP is currently still used by Development Management when determining planning applications. The Powys Local Development Deposit Plan has been submitted to the Welsh Government and the Hearing Sessions part of the Examination will commence on Tuesday 28th March Powys Unitary Development Plan (2010) Policies SP3 Natural, Historic and Built Heritage SP4 Economic and Employment Developments SP14 - Development in Flood Risk Areas GP1 Development Control GP3 Design and Energy Conservation GP4 Highway and Parking Requirements ENV1 Agricultural Land ENV2 Safeguarding the Landscape ENV3 Safeguarding Biodiversity and Natural Habitats ENV5 Nationally Important Sites ENV6 Sites of Regional and Local Importance ENV7 Protected Species ENV14 Listed Buildings

5 ENV16 Landscapes, Parks and Gardens of Special Historic Interest ENV17 Ancient Monuments and Archaeological Sites ENV18 Development Proposals Affecting Archaeological Sites EC1 Business, Industrial and Commercial Developments EC7 Farm/Forestry Diversification for Employment purposes in the Open Countryside EC9 Agricultural Development EC10 Intensive Livestock Units RL6 - Rights of Way and Access to the Countryside DC9 Protection of Water Resources DC13 Surface Water Drainage TR2 Tourist Attractions and Development Areas Consideration of Alternatives An outline should be provided of the main alternatives to the proposed schemes that have been considered. This should include a do nothing scenario. Consideration of any alternatives should be set in the context of the lifetime of the proposed development. An indication for the main reasons for the choice, taking into account the environmental effects should be presented. Cumulative Impacts and in combination effects The ES should identify, describe and evaluate all of the effects or impacts that are likely to result from the proposed development, in combination with the other activities that that are being, have been or will be carried out in the vicinity of the site. Subject to information being available, the following types of projects should be considered in such an assessment: Existing completed projects; Approved but uncompleted projects; Ongoing activities, and Plans or projects for which applications has been made and are under consideration. A 5km assessment should be carried out for other poultry units in the locality. In addition, an assessment to include similar proposals and other forms of development should be carried out (on site and off site). Topic Specific Commentary Air quality

6 The effect of the unit should be considered in the context of the existing background ammonia levels and nitrogen deposition and the effects of other proposals recently consented or subject to planning applications. SCAIL (Simple Calculation of Ammonia Impact Limits) can be used to identify the SACs and SPAs within a 10km radius and SSSIs in a 5km radius that could be impacted by ammonia emissions and nitrogen deposition. Protected Sites Protected sites including Sites of Special Scientific Interest (SSSIs), Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) are vulnerable to changes in air quality and water quality that could arise from the proposal. The River Wye SAC, Elenydd SAC, Elenydd/Mallaen SPA are within 10km of the proposal. The Environmental Statement will need to provide enough information to allow the competent authority to assess impact on European Sites prescribed under the Conservation of Habitats and Species Regulations 2010 (as amended). Further information on protected sites can be found on NRW s website. Protected Species An ecological assessment should be included in the EIA as poultry units may have adverse effects particularly on bats, dormice and great crested newts. Water Quality The River Wye SAC is within 2km of the proposal and there are number of aquatic SSSIs within the SAC. In addition to possible impacts from ammonia emission and nitrogen deposition they are also vulnerable to changes in water quality. The ES must consider potential pollution of the surface water and groundwater environment during the demolition, construction and operational phases of the proposal. To inform pollution prevention measures, and locations of soakaways and other drainage features based on distance and connectivity sensitive receptors in the surrounding area must be identified including the locations of controlled water (e.g. watercourses, wet and dry ditches, groundwater and ponds). Impact upon amenities of neighbouring residents

7 The ES should include a section on the impacts from noise, odour, flies and other pest control upon neighbouring residential uses. Landscape and Visual Assessment The ES should include a section on landscape and visual impacts, to identify impacts upon sensitive receptors including the Heart of Wales Railway line, highways, public rights of way and residential properties. Transport and Access The ES should include a section on traffic impacts, to clarify existing and proposed traffic movements. Socio and economic impacts The ES should include a chapter on socio and economic impacts (positive and negative) arising from the proposal. Particular consideration should be given to any impacts upon the farming activity at the site as well as impacts upon tourism, the use of local labour, services and suppliers and creation of knock-on effects and any other community benefits. Public rights of way Public rights of way will need to be considered within the ES as identified within the response from Powys Countryside Services department. Heritage Impacts Given the responses from Cadw and CPAT and the distance from the identified listed buildings/structure, there is no requirement to consider the impacts upon these heritage assets within the ES. General comments The applicant is reminded that the ES may consist of one or more documents but it must constitute a single and accessible compilation of the relevant environmental information and the summary in non technical language. The ES should not be a series of separate reports collated into one document, but rather a comprehensive assessment drawing together the environmental impacts of the proposed development.

8 The planning application will need to include the reports and assessments identified within the pre application response and correspondence following the pre application response together with the consultee responses. Yours sincerely Kate Bowen MRTPI Planning Officer Enc APPENDIX 1 CONSULTATION RESPONSES ATTACHED FOR INFORMATION Natural Resources Wales (NRW) Cadw Clwyd Powys Archaeological Trust (CPAT) Powys Rights of Way