Hospital Road Talgarth Brecon LD3 0EE GRID REF: E: N: DATE VALIDATED: 13 September 2013 DECISION DUE DATE: 8 November 2013

Transcription

1 APPLICATION NUMBER: APPLICANTS NAME(S): SITE ADDRESS: ITEM NUMBER: 3 13/09962/FUL Mr Austin Gwillim Rhyd y bont Hospital Road Talgarth Brecon LD3 0EE GRID REF: E: N: COMMUNITY: Talgarth DATE VALIDATED: 13 September 2013 DECISION DUE DATE: 8 November 2013 CASE OFFICER: Mr Lloyd Jones PROPOSAL A micro hydroelectric generating scheme and turbine house ADDRESS Rhyd y bont, Hospital Road, Talgarth CONSULTATIONS/COMMENTS Consultee Received Comments

2 British Horse Society Natural Resources Wales/Cyfoeth Naturiol Cymru No response 19th Nov 2013 Thank you for referring the above application, which was received on 16 September 2013 and the additional details, which we received on 16 October We can advise you that the applicant has applied for an abstraction and an impoundment licence to operate the hydroelectric power scheme. Natural Resources Wales will decide the applications by 16 December 2013 unless an extension is agreed. We cannot at this stage confirm whether or not the licences will be issued. NP Planning Ecologist 23rd Oct 2013 If this application is to be approved, I recommend the inclusion of planning conditions and informative notes to cover the following issues: 1. Construction measures shall follow the methodology outlined in B: Construction methodology and incorporate the recommendations in the ecological report, particularly those covered in Section Prior to first use of the development, a habitat restoration and enhancement plan shall be submitted to and agreed with the Local Planning Authority. It shall include reference to priority habitats and species in the Brecon Beacons BAP. Planting specifications shall include use of native species, and shall be implemented in the first planting season following implementation of the development. Informative note: 1. Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: NP Planning Ecologist 15th Oct 2013 Recommendations Further clarification of the proposed route in the areas of Ancient Woodland needs to be provided.

3 If the above issues can be clarified and this application is to be approved, I will be in a position to recommend the inclusion of planning conditions and informative notes to cover the following issues: 1. Construction measures shall follow the methodology outlined in B: Construction methodology and incorporate the recommendations in the ecological report, particularly those covered in Section Prior to first use of the development, a habitat restoration and enhancement plan shall be submitted to and agreed with the Local Planning Authority. It shall include reference to priority habitats and species in the Brecon Beacons BAP. Planting specifications shall include use of native species, and shall be implemented in the first planting season following implementation of the development. Informative note: 1. Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: Reasons: To comply with Section 5 of Planning Policy Wales (2012), Technical Advice Note 5 and the Brecon Beacons National Park Unitary Development Plan policies Q4 and Q5 To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the NERC Act 2006 NP Rights Of Way No response Officer NP Tree Consultant 7th Nov 2013 The Agent TGV Hydro has submitted similar applications that I have commented on previously. I am pleased to report that the agent has taken on

4 Open Spaces Society Powys County Council Highways Talgarth Town Council 10th Oct 2013 board the previous comments and has applied them to this scheme. This has resulted in a reasonably low impact on trees and woodland on site and is within tolerable limits. I therefore recommend that the application is approved. As there will be no tree loss on site there will be no requirement for a tree replacement notice. No response No response Supported CONTRIBUTORS Elwyn Davies, Pentwyn, Hospital Road NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY The two letters of objection from the same neighbour can be summarised as: 1. I understand it is applicant's intention to take water out of the river above my field and return it to the river at the proposed site below our field. This action results in loss of water from field for cattle; 2. Not happy with turbine located outside house; and 3. The application violates my riparian rights. RELEVANT POLICIES P1P2: Part 1 Policy 2 Biodiversity and Earth (Unitary Development Plan 2007) P1P1: Part 1 Policy 1 Qualities of the Park (Unitary Development Plan 2007) P1P8: Part 1 Policy 8 Sustainable Energy (Unitary Development Plan 2007) G3: Development in the National Park (Unitary Development Plan 2007) G4: Development Affecting Trees (Unitary Development Plan 2007) G6: Design (Unitary Development Plan 2007) Q1: Sites of European Importance (Unitary Development Plan 2007) Q2: Sites of National Importance (Unitary Development Plan 2007) Q3: Sites of Importance Nature Conservation (Unitary Development Plan 2007) Q4: Protected and Important Wild Species (Unitary Development Plan 2007) Q5: Biodiversity and Development (Unitary Development Plan 2007) Q21: Rights of Way and Long Distance Routes (Unitary Development Plan 2007) S9: Hydro-electricity (Unitary Development Plan 2007) LPG1: Conformity. (Local Plan 1999) LPG2: Allocation of Land for development. (Local Plan 1999) LPG3: Development in the National Park. (Local Plan 1999) LPG6: Development in the National Park. (Local Plan 1999) LPG7: Design and energy conservation. (Local Plan 1999)

5 LPG10: Development and flood risks. (Local Plan 1999) LPG11: Development and flood risks. (Local Plan 1999) LPCL6: Wildlife and landforms. (Local Plan 1999) LPCL7: Wildlife and landforms. (Local Plan 1999) PLANNING HISTORY App Ref Description Decision Date N/A OFFICER S REPORT Introduction Full planning permission is sought for the provision of a micro-hydro electricity generation system utilising the River Ennig near Rhyd-y-Bont Farm, Hospital Road, Talgarth. The planning application is being reported to PAROW as the agent is related to an employee of the National Park. Site Description The stream that forms part of this application is located on land that falls under the ownership of the applicant. Rhyd-y-Bont Farm is situated on the lower slopes of the Black Mountain with the proposed intake being situated some 210m to the south east of the existing complex of farm buildings. The stream forming part of this application flows in a north westerly direction to the east of the farm house and returns in a westerly direction to the south of Pentwyn, which is the nearest residential property. The upper section of the stream is screened by an Ancient Woodland area, whilst the remaining section is characterised by agricultural fields. The area where the turbine house is to be located also forms part of an Ancient Woodland. A public right of way passes to the west of the farm house. Proposal As part of this development it is proposed to provide a micro-hydro turbine system that will produce a peak generation of 12.8kW, and has the potential to generate up to 48,000kWh per annum that will be used within Rhyd-y-Bont Farm. Any excess will be exported to the National Grid. The intake is at the upper reaches of the River Ennig and the intake structure will be partially submerged into the existing cobble stream bed. The intake tank will be an integrated concrete tank and fish easement. A separate stainless steel forebay tank (1m by 1m) will be sited 5m from the intake to allow bubbles to dissipate to avoid air being drawn into the system. A high density polyethylene pipe with an external diameter of 225mm will leave the intake structure and will be secured to the bedrock.

6 The submitted Construction Methodology Statement describes the route of the pipeline from the intake in the following sections: Section A - Upper section The first 50m of the pipeline will be shallow trenched/surface laid across improved and well grazed agricultural land until it reaches a wooded corridor whereby a 90m section will be surface laid. Section B - Middle Section After leaving the wooded area, the next section of 106m of pipeline will be trenched across an existing agricultural field and under the highway. The pipeline will run to the west of the existing farm house and will be trenched through an agricultural field for a distance of 44.0m. The trench will have an approximate depth of 300mm. Section C - Lower Section to Turbine House The final section of pipeline will be surface mounted across a spring and will then be trenched across an agricultural field for a distance of 114m. The final 30m of pipeline passing through a wooded area to the turbine house will be surface mounted. The turbine house will be sited adjacent to the stream and will accommodate the generator. The simple structure will measure 3.0m by 3.4m and have a pitched roof to a maximum height of 3.2m. The exterior will be finished in timber and have a black corrugated roof. Planning Policy Context Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but was adopted for development control purposes. The UDP therefore provides a more up to date and relevant planning framework. This application is considered against policies G3, G4, G6, Q1, Q2, Q3,Q4, Q5, Q21 and S9 of the UDP and policies LPG1, LPG2, LPG3, LPG6, LPG7, LPG10, LPG11, LPCL6, LPCL7 and LPH14 of the Local Plan. Local Plan policies will only be considered where they differ significantly from their UDP counterparts. Whilst the development proposal will be considered against both the Approved UDP and Adopted Local Plan policies, greater weight shall be given to the more up to date UDP policies unless the Local Plan policies materially differ to warrant a departure from the UDP. Applications determined by the National Park Authority from the 5th November 2013, using the policies of the Local Plan as the adopted plan (1999) and Unitary Development Plan as the approved plan (2007), must also give due regard to the policies of the Local Development Plan as a significant material consideration. In recommending this application, the Authority has also considered the guidance set out in the Guidance for Sustainable Design in the National Parks of Wales (Spring 2009), comments made by statutory consultees and other interested parties and the following national guidance:

7 o Planning Policy Wales 5th Edition (2012) o Technical Advice Note 8 (TAN 8) - Planning for Renewable Energy (July 2005) o Technical Advice Note 5 (TAN5) - Nature Conservation and Planning (September 2009) o Technical Advice Note 12 (TAN12) - Design (July 2009) Principle of Development The application site falls outside the "white areas" as defined by policy G3 (ii) of the UDP. However, Policy S9 of the UDP stipulates that proposals for the generation of hydroelectricity will be permitted where, either through construction or operation, they would not: i) Adversely affect the water quality or the amenity or wildlife value of the watercourse either at the site or downstream; ii) Result in the loss of water flow or an increased risk of flooding upstream or downstream; and/or iii) Result in an unacceptable impact on the landscape. The principle of the development of hydro-power schemes outside the settlement in connection with existing development on site is therefore considered to be acceptable subject to the abovementioned requirements and other material planning considerations that will be discussed in greater detail below. Visual Impact Part 1 Policy 8 'Sustainable Energy' states that in the consideration of renewable energy proposals, the development must be of a scale that is appropriate to its location and it can be accommodated without unacceptable impact on the qualities for which the National Park was designated. Policy G3 (iii) aims to ensure that the scale, form, design, layout, density, intensity of use and use of materials will be appropriate to the surrounding and will maintain or enhance the quality and character of the Park's landscape and built environment. Policy G6 refers to design and states that development will be expected to meet the WAGs key design objectives and respond to the local context. Policy S9 refers specifically to proposal for hydroelectricity and criterion (iii) requires that proposals would not result in an unacceptable impact on the landscape. The stream corridor is an attractive feature within this rural landscape with the upper section of the pipeline and intake being screened by an existing wooded area. The remainder of the pipeline to the turbine house will be trenched, and whilst at first there will be evidence of scarring this will subside relatively quickly, thus maintaining the character of this rural landscape. The construction method statement confirms that apart from sections through the upper wooded area and the section towards the turbine house, a significant proportion will be trenched through agricultural fields. The elevated section will be screened by the presence of existing tree cover, and as such it is considered that the character of this part of the National Park will be maintained.

8 Turning to the proposed turbine house this will be sited 160m to the North West of the farm house. Due to its simple design and use of locally distinctive materials that reflect the agricultural character of this area, the proposal is considered to be an acceptable addition. The turbine house will be set adjacent to the stream that is screened by existing trees that will restrict views of the turbine house from the adjacent highway. Overall, it is considered that the proposals are appropriate to their surroundings and will not affect the character of the Park's landscape. The proposal complies with policies G3, G6 and S9 of the UDP. Neighbour Amenity Policy G3 (v) of the UDP aims to ensure that any proposed development does not have an unacceptable impact on the amenity of the area, adjacent properties or the general public. The nearest residential property is Pentwyn that will be located 29.0m to the south east of the turbine house. Due to the separation distance between the turbine house and the adjacent property it is considered that there will be no unacceptable impact on neighbour amenity through any increase in noise and disturbance. The proposal complies with policy G3 (v) of the UDP. Biodiversity Section 40 of the Natural Environment and Rural Communities Act 2006 states that 'every public authority must, in exercising its function, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity'. This involves having regard to the United Nations Environmental Programme Convention on Biological Diversity Public authority includes, among others, local planning authorities. Section 42 of the Act requires the National Assembly for Wales, in consultation with the Countryside Council for Wales, to publish a list of living organisms and types of habitat which are of principal importance for the purpose of conserving biodiversity. Part 1 Policy 2 'Biodiversity and Earth Heritage' states that development will only be allowed where there is no unacceptable impact on biodiversity and Earth heritage. Policy G3 (i) (iv) and policies Q4 and Q5 aim to protect important wild species and habitats through preventing development where relevant or ensuring adequate mitigation is provided which protects and enhances the environment. This can involve using native plant species for positive enhancement of habitat features. More specifically, policy Q4 states that proposals on land that supports protected species will be permitted if the need for the development outweighs the nature conservation importance of the site and the criteria for derogation are met; measures are provided to contribute to species and habitat conservation targets and the developer can prove that the disturbance of the species is kept to a minimum or alternative areas are provided to sustain at least the current levels of populations affected by the proposal. Paragraph 3.13 of TAN8 - Planning for Renewable Energy states: "Though generally supported, there could be occasions where some hydro schemes are unacceptable because of potential ecological damage. All of the parties involved should work constructively to find acceptable solutions. Adequate technical advice on the relevant issues

9 should be sought when a proposal is being considered." The submitted Ecological Report found no evidence of white-clawed crayfish, although other invertebrates and fish species were recorded. The report entitled Biodiversity Impact Assessment and Mitigation of Design and Construction also identifies that no otters or badgers have been reported in the area and the development will not affect any trees that may be a suitable location for roosting bats. The proposed enhancements measures include the provision of 6 bird boxes and 6 bat boxes. The National Park Ecologist is of the opinion that the proposed mitigation and construction methodology presented for the intake structure is appropriate to minimise disturbance and to avoid negative impacts on the water quality in the stream. Notwithstanding the above further clarification was requested on the proposed route in the Ancient Woodland area and whether it would be trenched or surface mounted. The agent has confirmed that through these two areas the section of pipe will be surface mounted. The National Park Ecologist is satisfied with the section of pipe to be trenched and surface mounted and offers no objection to the proposal subject to conditions relating to the development being carried out in accordance with the construction methodology statement and the provision of a habitat and restoration plan. Overall it is considered that the proposals will not have a significant detrimental adverse effect on ecology and biodiversity of the area. Accordingly, the proposal is considered to comply with policies G3, Q1 Q3, Q4, Q5 and S9 of the Brecon Beacons National Park Unitary Development Plan. Aboricultural Impacts The explanation to policy G4 states that trees 'play an important role in enhancing the Park's landscape and biodiversity'; they add to the amenity and natural habitat of towns and villages and may need protection from development. Whether trees are protected by legislation or not the NPA wishes to see trees retained and managed on any development site. The most sensitive parts of the scheme in relation to the impact on trees are the upper and lower sections of pipeline that will pass through an Ancient Woodland. As described above, the agent has clarified that the sections of pipeline through these areas will be surface mounted. The National Park Tree Consultant has no objection to proposal as it will have a reasonably low impact on trees and the woodland. Officers consider that with strict compliance with document entitled J: Aerial Images of Proposed Pipe Route and Pipe Laying Methodology, the integrity of the roof systems of these trees within these areas will be safeguarded. The proposal is therefore considered to be in accordance with policy G4 of the UDP. Watercourse Implications Criteria ii) of policy S9 of the UDP aims to ensure that any proposals such as this one should not result in the loss of water flow or an increased risk of flooding upstream or

10 downstream. Furthermore, paragraph 3.13 of TAN8 (2005) Planning for Renewable Energy states: "A water abstraction license is also required to operate a hydro scheme and close liaison with the Environment Agency, as the licensing authority, is strongly advised." An application for an abstraction licence has been submitted to Natural Resources Wales (NRW). NRW has confirmed that the applicant has applied for an abstraction and an impoundment licence to operate the hydro electric power scheme. Natural Resources Wales will decide the applications by 16 December 2013 unless an extension is agreed. We cannot at this stage confirm whether or not the licences will be issued. The abstraction licence forms part of a separate consenting regime, and in this case it is considered that the issues relating to abstraction will be dealt with under this process, and this does not preclude the Authority from granting planning permission. In this case an informative note will be added to the planning permission advising the applicant/developer that an abstraction licence is required before the implementation of the consent. Highway Safety and Public Right of Way Policy G3 (vii) identifies that proposals should be compatible with the road hierarchy and does not have an unacceptable impact on traffic circulation or highway safety. Policy Q21 refers specifically to public rights of way. Powys County Council Highway Section does not wish to comment on this application. Due to the nature of the proposal, it is considered that when operational there will be no impact on highway and pedestrian safety. In addition, the proposed application will have no impact on the adjacent public right of way. Overall, the proposal is considered to comply with policies G3 (vii) and Q21of the UDP. Third Party Correspondence In relation to the loss of water from the stream, and the riparian rights of the objector this will be dealt with under the abstraction licence. NRW has not confirmed whether they are going to issue such a licence, but as part of this application have not offered any formal objection to the proposal. The proposed turbine house will be sited 29.0m to the south east of the existing house, and is buffered by the presence of the highway, stream and wooded area. It is considered that the proposal will not have a detrimental impact on neighbour amenity. Conclusion The proposal is considered to be an acceptable form of development that will result in the generation of energy from a renewable source and one that will not have a detrimental impact on the landscape, biodiversity, neighbour amenity, trees or waterflow. As such the proposal complies with policies G3, G4, G6, Q1, Q2, Q3,Q4, Q5, Q21 and S9 of the UDP and policies LPG1, LPG2, LPG3, LPG6, LPG7, LPG10, LPG11, LPCL6, LPCL7 and LPH14 of the Local Plan, the Guidance for Sustainable Design in the National Parks of Wales (Spring 2009) and Planning Policy Wales 5th Edition.

11 RECOMMENDATION: Permit Conditions and/or Reasons: 1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v2, NP2v2, NP3v1, NP4v1, NP5v1, NP6v1, NP7v1, NP8v1, NP9v1, NP10v1 and NP11v1), unless otherwise agreed in writing by the Local Planning Authority. 3 No development shall take place until details or samples of materials to be used externally on the walls and roof of the turbine house hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 4 The development hereby permitted shall be carried out strictly in accordance with the documents entitled B: Construction Methodology, J: Aerial Images of Proposed Pipe Route and Pipe Laying Methodology and Section 6 of : Biodiversity Impact Assessment and Mitigation of Design and Construction unless otherwise agreed in writing by the Local Planning Authority. 5 Prior to the commencement of development, a habitat restoration and enhancement plan shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented in the first planting season following completion of the development. Reasons: 1 Required to be imposed by Section 91 of the Town and Country Planning Act To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 To ensure that the materials harmonise with the surroundings. 4 To ensure a satisfactory form of development 5 In the interest of enhancing biodiversity Informative Notes: 1 Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the unexpected event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence being committed. NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX. Tel The timing of development works should be such as to avoid conflict with the bird nesting season. 3 An abstraction licence and impoundment licence is required to operate the hydroelectric scheme. In addition Flood Defence consent will be required for any works carried out at the abstraction intake, any pipeline crossings to watercourses and the discharge structure. The applicant is advised to contact Powys County Council, who are the Lead Local Flood Authority in this area and who will be responsible for approving the weir structure and associated temporary works under the terms of the Land Drainage Act.