THE ELECTRICITY GENERATING STATIONS AND OVERHEAD LINES (INQUIRIES PROCEDURE)(ENGLAND AND WALES) RULES 2007

Transcription

1 NATURAL RESOURCES WALES AMENDED STATEMENT OF CASE JULY 2013 DECC REFERENCE: LLAITHDDU ELECTRICITY ACT 1989 (SECTIONS 36, 37, 62(3) & SCHEDULE 8) TOWN AND COUNTRY PLANNING ACT 1990 (SECTION 90) AND THE ELECTRICITY GENERATING STATIONS AND OVERHEAD LINES (INQUIRIES PROCEDURE)(ENGLAND AND WALES) RULES 2007 APPLICATION BY FFERM WYNT LLAITHDDU CYF, DATED 7 MAY 2008 FOR CONSENT UNDER SECTION 36 OF THE ELECTRICITY ACT 1989 TO CONSTRUCT AND OPERATE A 66.7MW WIND TURBINE GENERATING STATION IN POWYS, MID WALES ( LLAITHDDU ) L

2 Natural Resources Wales Amended Statement of Case Background to the Application 1 The application seeks consent for the construction and operation of 29 x2.3 MW wind turbines (15 no. at 80 metres to the hub and 14 no. at 64 metres to the hub) and associated infrastructure comprising access track (temporary and permanent), a control building and electricity substation within a fenced compound, temporary constructors compound, borrow pits, underground cables and two anemometry masts at land to the west of Llaithddu hamlet, Llandrindod Wells, Powys. 2 The former Countryside Council for Wales (CCW) originally objected to this proposal in a letter sent as a consultation response to the Department of Energy and Climate Change (DECC) on 18 th July Supplementary Environmental Information (SEI) was subsequently submitted by the applicant. This was reviewed by the former CCW, and a response sent to DECC on the 7 th September 2012, retaining the former CCW s objection to the proposals. These have previously been provided to the inquiry. Natural Resources Wales 3 Natural Resources Wales (NRW) was established in April 2013 and brings together the work of the Countryside Council for Wales, Environment Agency Wales and Forestry Commission Wales, as well as some functions of Welsh Government. It is the statutory adviser to the Welsh Government on sustaining and enhancing the natural resources of Wales. Our purpose is to ensure that the natural resources of Wales are sustainably maintained, enhanced and used, now and in the future. 4 NRW s functions are set out in the Natural Resources Body for Wales (Functions) Order 2012 and include the requirement to exercise its functions so as to:- L

3 Promote nature conservation and enhancement of natural beauty and amenity, and Promote the provision and improvement of opportunities for access to and enjoyment of the countryside and open spaces; open air recreation; and the study, understanding and enjoyment of the natural environment. Our advice and comments to the Inspectors and the PI are therefore provided in the context of the above remit. 5 Natural Resources Wales fully supports the government s energy policy and its targets for renewable electricity production, and to minimise environmental harm, the strategic approach to the location of windfarms as embodied in the strategic search areas (SSAs) set out in Planning Policy Wales (PPW) (version 5, November 2012) and TAN 8 Planning for Renewable Energy July We fully endorse the recognition in the National Policy Statements for Energy (NPS) and PPW that energy provision should seek to avoid or minimise the impact on the environment, and should not compromise international and national statutory obligations for designated areas, species and habitats. 6 This Statement of Case (SoC) updates the SoC submitted by the former CCW in January 2013, and will cover the effect of the proposed development on the following: Lack of mitigation to avoid cumulative impacts on breeding curlew; Cumulative landscape and visual impact. Insufficient information to inform a Habitats Regulation Assessment (HRA) on potential impacts on the River Wye SAC. Additionally, Natural Resources Wales would highlight to the Inquiry the deficiency of the ES in the following areas, which do not fully consider all significant impacts of the proposal in accordance with the Environmental Impact Assessment Regulations: L

4 Lack of information about the impact of the grid line connection to the windfarm, both alone and cumulatively; Environmental impacts of modifications to the minor road running from the A483 junction to the site entrance. Further SEI was presented to NRW electronically on the 19 th June 2013, and hard copies including maps and visuals on the 4 th July Consequently we have not been able to assess that data, and therefore have not been able to use it to inform the issues we intend producing evidence to the Inquiry on. Once we have assessed the SEI, we will update our position accordingly. The case for Natural Resources Wales 7 Natural Resources Wales will produce evidence on the following issues. 8 Specific mitigation to reduce the cumulative effect of the Llaithddu proposal when considered with other proposed windfarms in mid Wales, on the curlew population of the wider area. Natural Resources Wales notes and welcomes the deletion of the two northern most turbines (T1 and T2), the movement east of two turbines (T3 and T5), and the provision of an HMP focusing on curlew and peatland habitats. Whilst these amendments overcome many of our concerns, we retain an outstanding concern relating to construction activities and their potential proximity to breeding curlew. We note a commitment by the applicant not to construct infrastructure during the breeding season where breeding curlew are present. However, in order to avoid disturbance, procedures are required to ensure that construction is halted prior to curlew returning to these breeding areas, to ensure that birds are not deterred from settling to breed by construction activity. Natural Resources Wales will therefore present evidence on the impacts of the proposals on breeding curlew. 9 Cumulative landscape and visual impacts. As was stated on behalf of Natural Resources Wales in opening submissions, the contribution of the three schemes within SSA C to cumulative impact, in landscape terms, will be commented upon by Natural Resources Wales at the later, cumulative impact, session. Given the new approach to presenting elements of cumulative impact evidence on landscape at sessions 1, 2 and 3 as well as L

5 session 4, we confirm that Natural Resources Wales still intends to deal with any such concerns in relation to the SSA C schemes in session 4 only. If it considers necessary, Natural Resources Wales will present written submissions to session 1 on the topic by the evidence deadline. 10 The lack of information to inform a Habitat Regulations Assessment (HRA) on potential impacts in-combination, on the River Wye SAC. There is the potential for an increase of sediment loading in run-off to the River Wye SAC during the construction of the windfarm in conjunction with a number of other windfarms in the Wye catchment that may be constructed at the same time. We therefore consider that this project would be likely to have a significant effect on the interest features of the River Wye SAC in-combination with other plans and projects. Regulation 61 of the Conservation of Habitat and Species Regulations 2010 requires the competent authority to undertake an appropriate assessment of the proposal. However, there is currently insufficient information available to inform such an assessment. Following discussion with Department of Energy & Climate Change (DECC) who are the competent authority for this assessment, Natural Resources Wales has provided an HRA scope to the Inspector, setting out our advice on what is required by the competent authority in order to carry out the assessment. This scope focuses down on a specific sub-catchment of the SAC, and identifies the feature of the SAC that needs to be considered. We propose that this is dealt with in Session 4. Planning conditions 11 In its letter of objection dated 7 th September 2012, the former CCW recommended a number of planning conditions be attached to any consent the Minister is minded to grant for the proposed scheme. If imposed, these would secure mitigation measures for additional natural heritage matters on which Natural Resources Wales has not objected. Conclusion 12 We reserve the right to comment on any other issues within Natural Resources Wales remit should new or additional information be forthcoming L

6 prior to or during the inquiry, in particular in relation to additional environmental information submitted following this statement. Legislative and Planning Policy Considerations Natural Resources Wales may make reference in its evidence to the following legislation, policy and other documents. This list may be added to as inquiry preparation progresses: Legislation Conservation of Habitats and Species Regulations 2010 (as amended). Electricity Works (Environmental Impact assessment) (England and Wales) Regulations 2000 (as amended). Natural Environment and Rural Communities Act National Policy Statements Overarching National Policy Statement for Energy (EN-1); DECC. (2011). National Policy Statement for Renewable Energy Infrastructure (EN-3); DECC. (2011). National Policy Statement for Electricity Networks Infrastructure (EN-5); DECC. (2011). National Strategies, Policy and Guidance Energy Wales: A Low Carbon Transition; Welsh Government, (2012). A Low Carbon Revolution - The Welsh Assembly Government Energy Policy Statement. Welsh Assembly Government. (2010). The following sections of Planning Policy Wales (Edition 5, November 2012) may be referred to: Chapter 4 - Planning for Sustainability; Chapter 5 - Conserving and Improving Natural Heritage and the Coast; Chapter 12 Infrastructure and Services Technical Advice Note (TAN) 5: Nature Conservation and Planning; 2009; Technical Advice Note (TAN) 8: Planning for Renewable Energy; L

7 Local Policy Powys Unitary Development Plan (adopted 2010). Our Partnership with Nature: A Local Biodiversity Action Plan for Powys. Powys Biodiversity Partnership. (2002). Supporting strategies, guidance and reports that Natural Resources Wales may refer to include: First Minister, Welsh Government. (June 2011). Planning For Renewable Energy in Wales. Written Statement; John Griffiths. (July 2011). Letter to planning authorities from Minister for Environment and Sustainable Development; Scottish Natural Heritage. (2012). Assessing the Cumulative Impact of Onshore Wind Energy Developments; ARUP. (2006). TAN 8 Annex D Study of Strategic Study Areas B (Carno North) and C (Newtown South); Garrad Hassan. (2005). Energy Assessment of TAN 8 Wind Energy Strategic Search Areas; Biodiversity Reporting and Information Group. (2007). Report on the Species and Habitat Review. Biodiversity Reporting and Information Group. BirdLife International. (2004). Birds in the European Union: a status assessment. Wageningen, The Netherlands: BirdLife International. Brown, A.F. & Shepherd, K.B. (1993). A method for censusing upland breeding waders. Bird Study, 40, pp Eaton, M.A., Brown, A.F., Noble, D.G., Musgrove, A.J., Hearn, R., Aebischer, N.J., Gibbons, D.W., Evans, A. & Gregory, R.D. (2009). Birds of Conservation Concern 3: the population status of birds in the United Kingdom, Channel Islands and the Isle of Man. British Birds 102, pp L

8 Entec. (2008). Review of Guidance on the Assessment of Cumulative Impacts of Onshore Windfarms: Phase 1 Report. Department for Business, Enterprise and Regulatory Reform. Fletcher, K., Aebischer, N.J, Baines, D., Foster, R & Hoodless A.N. (2010). Changes in breeding success and abundance of ground-nesting moorland birds in relation to the experimental deployment of legal predator control. Journal of Applied Ecology 47: pp Gibbons, D.W., Reid, J.B. & Chapman, R.A. (1993). The New Atlas of Breeding Birds in Britain and Ireland: T. & A.D. Poyser, London. Green, J. (2002). Birds in Wales Welsh Ornithological Society. Green, M. (2013). Survey of breeding curlew in Montgomeryshire Countryside Council for Wales. Due to be finalised February Hughes, A. (2000). Lapwing and Curlew breeding activity in Montgomeryshire in the year The Montgomeryshire Bird Report : pp Johnstone, I., Dyda, J. & Lindley, P. (2007). The population status and hatching success of Curlews Numenius arquata in Wales in Welsh Birds 5: pp Langston, R.H.W. & Pullan, J.D. (2002). Windfarms and birds: an analysis of the effects of windfarms on birds, and guidance on environmental assessment criteria and site selection issues. Birdlife International report to the Bern Convention. Convention on the Conservation of European Wildlife and Natural habitats, Strasbourg, France. Lovegrove, R., Williams, G. & Williams, I. (1994). Birds in Wales. T. & A.D. Poyser, London. Pearce-Higgins, J.W., Stephen, L., Douse, A., & Langston, R.H.W. (2012). Greater impacts of wind farms on bird populations during construction than L

9 subsequent operation: results of a multi-site and multi-species analysis. Journal of Applied Ecology 49, pp Pearce-Higgins, J.W., Stephen, L., Langston, R.H.W., Bainbridge, I.P & Bullman, R. (2009). The distribution of breeding birds around upland wind farms. Journal of Applied Ecology 46: pp Risely, K., Massimino, D., Johnston, A., Newson, S.E., Eaton, M.A., Musgrove, A.J., Noble, D.G., Proctor, D., & Baillie, S.R.. (2012). The Breeding Bird Survey BTO Research Report 624. British Trust for Ornithology, Thetford. RSPB Cymru. (2012). RSPB Guidance Note; Curlew Numenius arquata. Unpublished. Ruddock, M. & Whitfield, D.P. (2007). A Review of Disturbance Distances in Selected Bird Species. A report from Natural Research (Projects) Ltd to Scottish Natural Heritage. Scottish Natural Heritage Guidance. (2005, revised 2010). Survey methods for use in assessing the impacts of onshore windfarms on bird communities. Scottish Natural Heritage Guidance. (2006). Assessing significance of impacts from onshore windfarms on birds outwith designated areas. Scottish Natural Heritage Guidance Note. (2009). Monitoring the impact of onshore wind farms on birds. Royal Society for the Protection of Birds. (2009). The population status of birds in Wales 2. RSPB. Cardiff. Wilson, A.M., Vickery, J.A., Brown, A., Langston, R.H.W., Smallshire, D., Wotton, S. & Vanhinsbergh, D. (2005). Changes in the numbers of breeding waders on lowland wet grasslands in England and Wales between 1982 and Bird Study 52: pp L

10 Any appeal decisions for windfarms that are relevant to ecology, grid connections, and non compliance with the EIA and Habitat Regulations. L