DATE OF COMMITTEE: 15-Dec-2015APPLICATION NO. 15/P/00434 RECEIVED: 18-Aug-2015

PROPOSAL: Installation and operation of a solar farm & associated infrastructure, including PV panels, mounting frames, inverter, transformer, pole mounted CCTV camera's and fence.

LOCATION: Cwrt Henllys Farm, Cwm Lane, Henllys, Cwmbran, Torfaen, NP44 7AS

APPLICATION TYPE: Full Planning

APPLICANT: Lightsource SPV 131 Ltd C/O AGENT

AGENT: Miss Aimee Cannon, Lightsource Renawble Energy Ltd 33, Holborn, London, EC1N 2HT

Report submitted by: Duncan Smith, Chief Planning & Public Protection OfficerReport written by: Claire Hall, Senior Planner

REPORT

BACKGROUND

Members of the planning committee visited the site on 3 November 2015 and the notes of the site visit are appended to this report.

PLANNING HISTORY (most recent/relevant)

Application Site15/P/00296 EIA screening opinion for 5MW solar farmDecision: EIA required 7 July 2015

Adjacent Site12/ENF/109 Unauthorised alterations to listed building

12/P/00332 Retention of internal works. Proposed removal of conservatory, refenestration of all windows, provision of new staircase, partition walls, reinstatement of pantry, internal and external doors, internal floors. Re-roofing and fixing of new rainwater goods.Decision: Listed Building Consent granted 24 May 2013

12/P/00439 Demolition of 19th century chimney stackDecision: Returned as incomplete 16 June 2014

SITE DESCRIPTION

The application site comprises a 14 hectare field currently used for grazing stock, bounded by public rights of way and Pany-yr-Eos Reservoir close to Cwrt Henllys, a Grade II listed farmstead located on the lower slopes of Twmbarlwm. The general area is pastoral farmland largely defined by rolling woodland rising to the upland moorland and forestry plantations of Twmbarlwm to the north-west, falling away to the coastal settlement of Newport and surrounding areas to the south-east.

The site is in the southern extremities of Torfaen CBC close to the administrative boundaries with Newport and Caerphilly.

PROPOSED DEVELOPMENT

Full planning permission is sought for the construction of a 5MW ground mounted photovoltaic (PV) solar energy generation system (‘solar farm’) with associated equipment cabins, security fencing and ancillary paraphernalia. The purpose of the development is to convert daylight into electricity. A viable grid connection has been identified with a Point of Connection (‘POC’) to the overhead line network identified by the Distribution Network Operator (‘DNO’) approximately 2km to the south-west of the site.

The panels are expected to be mounted at 30° in a ‘landscape’ configuration, 3 panels deep on steel frames. The mounting system will be secured to two sets of vertical legs piled into the ground with the lowest edge of the panels no less than 0.8m above ground level. Consequently the total height of the panels will be no more than 2.5m

above ground level. The arrays will be set out in long rows running in an east-west orientation across the site.

The development comprises the following elements: Solar panels (maximum 2.5m high glass surfaced panels, coated to maximise

daylight absorption and minimise glare); Mounting frames (fixed aluminium or steel with a matt finish, piled into ground

to 1.5m deep with no concrete foundations); Inverters (housed in 3 cabin like structures of approximately 2.9m high x 4.5m

long x 1.5m wide painted green on a concrete base); Transformers (x2, housed in a cabinet similar to the inverter); Substation (onsite point of connection to the grid); Perimeter fence (2m high timber and wire fence); Security cameras (motion sensor cctv will be erected around the site perimeter

on poles of 3m high); Communications building (to enable 24 hour remote monitoring, measuring

3.6m long x 3m wide x 2.5m high); and Composting toilet (for operations and maintenance staff and community group

tours of the site).

The application is accompanied by an Environmental Statement (‘ES’), a Design & Access Statement, Statement of Community Involvement, Landscape & Visual Impact Assessment, Ecological Assessment and Biodiversity Management Plan, Archaeological Assessment, Flood Risk Assessment, Agricultural Land Classification and Construction, Decommissioning & Traffic Management Method Statement. The relevant conclusions of these documents are discussed in the assessment and conclusion section of this report.

PLANNING POLICY

Planning Policy Wales:

National planning guidance in the form of Planning Policy Wales (Edition 7, July 2014) (PPW) is of relevance to the determination of this application:

Section 4 (Planning for Sustainability) 4.7.8 Development in the countryside should be located within and adjoining those settlements where it can be best be accommodated in terms of infrastructure, access and habitat and landscape conservation. Infilling or minor extensions to existing settlements may be acceptable, in particular where it meets a local need for affordable housing, but new building in the open countryside away from existing settlements or areas allocated for development in development plans must continue to be strictly controlled. All new development should respect the character of the surrounding area and should be of appropriate scale and design.

Section 6 (Conserving the Historic Environment)6.5.9 Where a development proposal affects a listed building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses.

Section 12 (Infrastructure and Services): 12.8.1 The Welsh Government is committed to playing its part by delivering an energy programme which contributes to reducing carbon emissions as part of our approach to tackling climate change whilst enhancing the economic, social and environmental wellbeing of the people and communities of Wales in order to achieve a better quality of life for our own and future generations. This is outlined in the Welsh Government’s Energy Policy Statement Energy Wales: A Low Carbon Transition (2012) 13.

12.8.6 The Welsh Government’s aim is to secure an appropriate mix of energy provision for Wales, whilst avoiding, and where possible minimising environmental, social and economic impacts. This will be achieved through action on energy efficiency and strengthening renewable energy production. This forms part of the Welsh Government’s aim to secure the strongest economic development policies to underpin growth and prosperity in Wales recognising the importance of clean energy and the efficient use of natural resources, both as an economic driver and a commitment to sustainable development.

12.8.9 Local planning authorities should facilitate the development of all forms of renewable and low carbon energy to move towards a low carbon economy (see 4.4.3) to help to tackle the causes of climate change (see 4.7.3). Specifically, they should make positive provision by:

considering the contribution that their area can make towards developing and facilitating renewable and low carbon energy, and ensuring that development plan policies enable this contribution to be delivered;

ensuring that development management decisions are consistent with national and international climate change obligations, including contributions to renewable energy targets and aspirations;

recognising the environmental, economic and social opportunities that the use of renewable energy resources can make to planning for sustainability; and

ensuring that all new publicly financed or supported buildings set exemplary standards for energy conservation and renewable energy production.

12.10.1 In determining applications for renewable and low carbon energy development and associated infrastructure local planning authorities should take into account:

the contribution a proposal will play in meeting identified national, UK and European targets and potential for renewable energy, including the contribution to cutting greenhouse gas emissions;

the wider environmental, social and economic benefits and opportunities from renewable and low carbon energy development;

the impact on the natural heritage, the Coast and the Historic Environment;

the need to minimise impacts on local communities to safeguard quality of life for existing and future generations;

ways to avoid, mitigate or compensate identified adverse impacts;

the impacts of climate change on the location, design, build and operation of renewable and low carbon energy development. In doing so consider whether measures to adapt to climate change impacts give rise to additional impacts;

grid connection issues where renewable (electricity) energy developments are proposed; and

the capacity of and effects on the transportation network relating to the construction and operation of the proposal.

Technical Advice Notes:

Technical Advice Note (TAN) 5: Nature Conservation and Planning (2009):2.1 The town and country planning system in Wales should: look for development to provide a net benefit for biodiversity conservation with no significant loss of habitats or populations of species, locally or nationally (PPW 5.1).

Technical Advice Note (TAN) 6: Planning for Sustainable Rural Communities (2010):3.7.1 When considering planning applications for farm diversification projects, planning authorities should consider the nature and scale of activity taking a proportionate approach to the availability of public transport and the need for improvements to the local highway network. While initial consideration should be given to converting existing buildings for employment use, sensitively located and designed new buildings will also often be appropriate.

3.7.2 Many economic activities can be sustainably located on farms. Small on-farm operations such as food and timber processing and food packing, together with services (e.g. offices, workshop facilities, equipment hire and maintenance), sports and recreation services, and the production of non-food crops and renewable energy, are likely to be appropriate uses.

Technical Advice Note (TAN) 8: Planning for Renewable Energy (2005):1.6 As well as developing new sources of renewable energy which are essential to meeting the targets set by energy policy, the Assembly Government is fully committed to promoting energy efficiency and energy conservation. The land use planning system is one of a number of mechanisms which can help deliver improved energy efficiency and local planning authorities are expected to consider matters of energy efficiency when considering planning policy and applications.

3.15 Other than in circumstances where visual impact is critically damaging to a listed building, ancient monument or a conservation area vista, proposals for appropriately designed solar thermal and PV systems should be supported.

Other National Guidance / Statements:

“A Low Carbon Revolution – The Welsh Assembly Government Energy Policy Statement – March 2010”

“Energy Wales: A Low Carbon Transition - March 2012”: sets out what the Welsh Government intend to do to drive the change to a sustainable, low carbon economy for Wales. It also emphasises that Wales has significant assets in virtually every energy source, including one of the best solar resources in the UK.

Welsh Government Practice Guidance: “Planning Implications of Renewable and Low Carbon Energy - February 2011”

UK Solar PV Strategy Part 1: Roadmap to a Brighter Future (2013)

UK Solar PV Strategy Part 2: Delivering a Brighter Future (2014)

Welsh Assembly Government/Cadw “Conservation Principles for the sustainable management of the historic environment in Wales” (March 2011):

49. Enabling development that would secure the future of an important historic asset but contravene other planning policy objectives will be unacceptable unless:

a. it will not materially harm the heritage values of the historic asset or its setting; and

b. it avoids detrimental fragmentation of management of the historic asset; andc. it will secure the long-term future of the historic asset and, where applicable, its

continued use for a sympathetic purpose; andd. it is necessary to resolve problems arising from the inherent needs of the

historic asset rather than the circumstances of the present owner or the purchase price paid; and

e. sufficient subsidy is not available from any other source; andf. it is demonstrated that the amount of enabling development is the minimum

necessary to secure the future of the historic asset and that its form minimises harm to other public interests; and

g. the public benefit of securing the future of the historic asset through such enabling development decisively outweighs the disbenefits of breaching other public policies.

50. Enabling development is development that would deliver substantial heritage benefits but which would be contrary to other objectives of national, regional or local planning policy. It is an established planning principle that such development may be appropriate if the public benefit of rescuing, enhancing or even endowing an important historic asset decisively outweighs the harm to other material interests. Enabling development must always be in proportion to the public benefit it offers.

51. If it is decided by a local authority that a scheme of enabling development meets all the criteria set out above, planning permission should be granted only if:a. the impact of the development is precisely defined at the outset, normally through the granting of full rather than outline planning permission;b. the achievement of the heritage objective is securely and enforceably linked to the enabling development;

c. the place concerned is repaired to an agreed standard or the funds to do so made available as early as possible in the course of the enabling development, ideally at the outset and certainly before completion or occupation; andd. the planning authority closely monitors implementation, if necessary acting promptly to ensure that obligations are fulfilled.

Adopted Torfaen Local Development Plan (LDP) S1 Urban BoundaryThe aim of the Urban Boundaries will be to prevent inappropriate development in the countryside. However, there may be justification for development to be permitted outside of the Urban Boundaries if considered acceptable in terms of national policy (i.e. if required for agriculture or forestry purposes or an affordable housing exceptions site) or where it constitutes an appropriate rural use; i.e. development which is in keeping with the countryside, which would not cause unacceptable harm to a countryside setting. Relevant LDP Policies in this regard include H9, C1, C2, C3, C4 and C5.

S3 Climate ChangeDevelopment proposals shall seek to mitigate the causes of further climate change and adapt to the current and future effects of climate change; and will be supported where they demonstrate consideration of the following hierarchy of criteria (where appropriate):

a) Ensuring that locational decisions are sustainable and avoid areas susceptible to flooding unless justified by national planning policy;b) Achieving Sustainable Design to ensure residual energy requirements are minimised through: -i) Supporting climate responsive development through location, orientation, density, layout, built form, materials and landscaping;ii) Reducing surface water run-off and flood risk through the use of Sustainable Urban Drainage Schemes (SUDS) unless it is shown that these measures are uneconomic or impractical;iii) Promoting water efficiency by reducing the demand for water; andiv) Exploring opportunities to maintain habitat connectivity through the provision of green infrastructure in design;c) Achieving energy efficiency in developments and in line with national standards where required; andd) Utilising renewable and low or zero carbon energy technologies to generate heat and electricity requirements which includes heating, cooling and power networks powered by renewable energy sources, or that connect to existing Combined Heat and Power or communal / district heating networks.

Policy Justification5.3.7 The Council is committed to reducing the demand for and hence use of energy in new developments. Development proposals that utilise renewable and low carbon technologies will be encouraged.

BW1 General Policy - Development Proposals

All development proposals will be considered favourably providing they comply with criteria (A-E) where they are applicable.

B Natural Environmentiv) The proposal contributes to the conservation and/or enhancement of the strategic biodiversity network of Torfaen and does not result in a significant adverse effect on the networkv) The proposal does not result in the unacceptable loss or harm to features of landscape importance including trees and woodland that have natural heritage or amenity value; andvi) The proposal does not have an unacceptable adverse impact upon the water environment or pose an unacceptable risk to the quality and quantity of controlled waters (including groundwater and surface water), and where practicable and reasonable improves water quality.

C Built Environmenti) The proposal contributes to the preservation and enhancement of the historic built environment wherever possible (including heritage assets and their settings); ii) The proposal does not detrimentally affect the character of the immediate and surrounding built environment;

C2 Special Landscape Areas (SLA’s)Special Landscape Areas are identified at the following locations: -

C2/3 – Southern LowlandsIn order to ensure the continued protection and enhancement of the defined SLA’s development proposals that could impact on these designations will be expected to conform to high standards of design and environmental protection which is appropriate to the LANDMAP character of the area.

Policy Justification8.44.1 Utilising the national LANDMAP information system SLA’s have been identified within Torfaen. They have been designated to protect areas that are considered to be important to the overall landscape, history, culture, biodiversity and geology of the County Borough. Areas identified have particular characteristics that combined reflect special areas that are intrinsic to the overall character of Torfaen’s environment.

8.44.2 The areas identified will be protected from any development that would harm the individual and distinctive features of the SLA’s. The policy is not designed to preclude development, although applicants will need to demonstrate that any development proposal will not have an adverse impact on the unique characteristics associated with the specific SLA. Design and access statements will be required to address the unique aspects of the Special Landscape Areas identified by the Designation of Special Landscape Area Study (2011) and LANDMAP.

8.44.3 Applications for development within an identified SLA will need to consider the LANDMAP aspect areas and identify how the development proposal affects the aspects area. A detailed description of the identification process and allocations is contained in the separate ‘Designation of SLA Study 2011’.

C3 Rural Development and DiversificationProposals for rural development and farm diversification schemes will be permitted where: -a) They are appropriate for and compatible with its rural location and that the proposed scale, form, siting, design and materials are appropriate to the rural setting and proposed use and that immediate and distant views are not adversely affected by the proposal;b) Existing buildings are reused where appropriate and any new buildings are grouped with existing buildings;c) A business plan is submitted which outlines the assessment of demand and justifies the need and suitability for such a business in this location; andd) For farm diversification schemes, they are complimentary to the agricultural operations of the farm and would not prejudice the operation of the existing business.

Policy Justification8.45.1 The Council will adopt a positive approach to supporting the rural economy. The decline in the rural economy and the loss of many traditional farms and farming practises has led to diversification into other service areas. Proposals for farm diversification schemes will be assessed against the above criteria, and national policy contained in paragraph 7.3.3 of PPW (5th Edition) and TAN 6.

Supplementary Planning Guidance:

In addition to the adopted Local Development Plan, the Council has approved Supplementary Planning Guidance (SPG). The following SPG are of relevance:

Planning Obligations (28 June 2011)

Planning obligations are an established and valuable tool within the development control process. They provide a means to enable a proposed development to proceed and to meet the needs of the local community associated with the new development by securing developer contributions towards the provision of infrastructure, services and other public benefits.

ISSUES ARISING FROM CONSULTEES

The application, which is accompanied by an Environmental Statement (‘ES’) was advertised (with a site notice and press notice) by the developer in accordance with the EIA Regulations.

The application was also advertised (with a site notice and press notice) by the Local Planning Authority as major development affecting the setting of a listed building and a Public Right of Way.

As a result of the publicity undertaken the Local Planning Authority has received:

8 letters of support (3 x same addressee) raising the following issues:

The proposed solar farm will power over 1,350 households with clean, locally produced energy, reducing the carbon footprint of the district.

The existing hedgerows in and around the site will be retained and managed long-term as part of the project. Gaps or poor sections will be in-filled with native species. A new tree belt will also help to screen the solar farm from the nearby footpath on the eastern boundary.

The land inside the fenced solar farm area will continue its use as pasture land, with sheep and chickens grazing throughout the site.

A number of measures are included to enhance the biodiversity of the site; such as mammal gates in the fencing, 12 bat boxes for roosting and a single pole-mounted barn owl box to create provisions for nesting barn owls on the site. Areas of nectar-rich wild flowers will also create valuable habitats for birds, bees and invertebrates.

We all need to use electricity, but if we continue to rely on the burning of fossil fuels for our energy, we will pollute the planet and remain vulnerable to volatile price fluctuations of the global fossil fuel markets.

This form of renewable energy production allows farmers to diversify their land use in order to support their farming enterprise.

Using fossil fuel is not a long term option use of renewable energy should be encouraged

The developer has taken all local concerns into consideration and created a splendid design carefully in keeping with local countryside

Negligible visual impact

Low impact on the environment

4 letters of objection (2 x same addressee) raising the following issues:

The installation of the Point of Connection (POC) Cable which has to exit the site carrying the power produced to the national grid somewhere on Pontymason Lane, Risca.

POC will affect the ability to gain necessary and appropriate access and egress to and between our farms to carry out our day to day business activities. Also to access the support and skills of the Emergency services should the need arise during the installation.

Developer is unfamiliar with the topography of the area and has not surveyed the alterative access route for its suitability for purpose. The proposed alternative route was, until just a few months ago, going to be "abandoned" by Caerphilly CBC as it is very steep in gradient and very narrow (8ft max in places) and has such limited headroom to make it impossible for either a Fire engine or an Ambulance to travel along it. It is also unsuitable for the size of a modern tractor or landrover and stocktrailer. In wet weather it becomes slippery due to leaves/ overhanging trees and impassable for some cars.

Very anxious about the developer’s behaviour during the build and commissioning stages should an alternative route for the POC cable not be agreed. No information on the progress they are making in securing an alternative route for the POC Cable to prevent the Mountain Road and or Heol Gerrig needing to be closed at all. If an alternative route has been identified and will can be given assurances that this will be followed, then this objection will be withdrawn.

Concerned that our business/livelihood and access will be severely affected both once the project has been built, but more importantly whilst it is being built.

The point of connection is by the Risca Community Comprehensive School at the bottom of Mountain road. The cable route is to be down the length of the single track lane for approx. 1 mile. The cable needs to be in a trench 1500mm deep which will result in access being closed for approx. 2-3 weeks. There is an alternative lane to Snowdon close which can be used as an emergency, but it is only suitable for 4 wheel drive small vehicles when wet, icy or has leaves on it. It is not an alternative for either emergency vehicles or farm tractors/trailers etc. which need access all year round and especially during the winter months as none of these vehicles can gain access even when the lane is dry.

Visual impact when trees are in full leaf with the autumn, winter and spring being worse.

There is a foot path through the field centre which has been ignored on the plan.

Our business depends on tourism and our guests come back time and time again to benefit from the views we have – we are concerned fields of metal frames at best and glowing black panels as worst will be detrimental to our livelihood.

The height and type of fencing is a concern.

The orientation of the panels is a concern.

The level of noise pollution during the 2 months construction. Times, days, time of year etc., is a concern.

Heavy lorries delivering for many months will damage the lanes leading to the site, the condition of the lanes is already quite poor. Reasonable to request company reinstate the lanes in an improved state and recompense local residents for the disruption caused.

Lack of public engagement and consultation

Noise and damage to existing hedgerows and erosion of road side banks

Not an urban site and agricultural land classification is suspect

Solar farm cannot achieve sympathetic integration in rural areas

Survey carried out at wrong time of year to properly assess water run-off and presence of protected species

Scale and location not in keeping with this rural and tranquil area

Significant disruption to local landscape character

Lack or reliable and truthful information from the developer

Size, scale and location of the development

Access to the site of 200+ articulated lorries during construction

Pile driving during construction and associated noise

Glare from panels

Visual impact

Loss of tourism business

Impact on nature and water courses

Impact on Scheduled Ancient Monument

POC cable laying blocking of access and footpaths

Reclassification of site as brownfield following decommissioning

NATURAL RESOURCES WALES: (original comments 11.9.15) We note that the planning application proposes installation and operation of a solar farm and associated development. The solar farm has been designed to accommodate sheep and chicken grazing on site, thus providing a dual productive function of renewable energy generation and agricultural production. An Environmental Statement has been submitted in support the planning application. It is our initial view that: The proposals will not affect any Registered Landscapes or National Park are or Area of Outstanding Natural Beauty.

We welcome the submission of a Construction Environmental Management Plan (CEMP) and method statements to ensure that activities taking place employ best practice measures to safeguard the environment. We wish to be assured that measures are put in place by the applicant to avoid no pollution of controlled waters (surface water and ground water). Should the local planning authority be minded to permit development then we would ask that a condition is imposed to ensure that the CEMP and method statements are agreed and effectively implemented. Guidance on matters within our remit can be found on our website.

The applicant should be aware of other regulatory matters outside of the planning regime. The applicant should also be advised that, in addition to planning permission, it is their responsibility to ensure that they acquire all other consent, licence or permit under other legislation. Relevant procedures can take several months to complete, and early contact with us is therefore advised.

We would expect to be consulted on decommissioning proposals and any material changes to these proposals.

(Additional comments 24.9.15) Natural Resources Wales does not object to the proposed development and offers the following comments:

1. We reiterate our advice given in our letter of 11 September 2015 relevant to the Construction Environmental Management Plan; other regulatory matters and de-commissioning proposals.

2. We have no adverse comments to make in relation to European Species;

3. We note from comments made in the Flood Consequences Assessment (Appendix 8.1) that the proposed development is not expected to increase the risk of flooding elsewhere. The sustainable drainage strategy and scheme should be agreed with the Council as the Lead Local Flood Authority.

(Re-consultation - on receipt of CEMP – 12.11.15) Natural Resources Wales considers the CEMP submitted to be acceptable and has no further comments to make.

WELSH GOVERNMENT AGRICULTURAL DIVISION: (original comments 23.10.15) Agricultural Land Classification (ALC) Survey:

The Soil Environmental Services (SES) survey (July 2015) has not been completed in accordance with the Revised Guidelines and Criteria for Grading the Quality of Agricultural Land (MAFF1988). The Department, therefore, cannot validate the results. It is the opinion of the Department that the ALC survey should not be accepted.

Following completion of a desk assessment, it is believed that the climate reference information used in section 3.1 of the ALC report is incorrect. The Department believes that the entire site is limited by climate to no better than ALC grade 3b. A survey was therefore not required.

The ALC Grade of the site is no better than 3b. Whilst the SES ALC Survey Report comes to the same Grade, it has not done so for the correct reasons.

(additional comments 27.10.15): The opinion expressed above (that the SES Report was not completed in accordance with the 1988 MAFF Guidelines) was based on a number of reasons (climate, gradient, stone, pits and wetness class).

It appears the difference between the Welsh Government (WG) assessment and the Report’s may come down to altitude. There is no information regarding porosityThe drought calculations have not been checked.Though not expressly stated in the MAFF 1988 Guidelines, it is usually best practice to include laboratory analysis of top soil texture to confirm hand texture findings.However the ALC arrived at in the conclusions (3b) is correct.

CADW: The proposed development is located within the vicinity of the scheduled monuments known as:MM044 – Twm Barlwm Mound and Bailey CastleMM045 – Cairns West of Craig y DyffrynMM046 – Round Cairn 315m S of Upper WenalltThe application is accompanied by an environmental impact assessment that includes a cultural heritage and archaeology section produced by CGMS a Chartered Institute for Archaeologists Registered Organisation.The cultural heritage and archaeology section of the environmental impact assessment has considered the impact of the proposed development on the above designated monuments and their settings and concluded that the impact on MM044 would be negligible and there would be no impact on MM045 and MM046. Cadw concur with this assessment.

WALES & WEST UTILITIES: No apparatus within vicinity of site.

WELSH WATER (original comments 7.9.15): We advise that there are no public sewers in this area. It appears the application does not propose to connect to the public sewer, and therefore Dwr Cymru Welsh Water has no further comments.

(additional comments 29.9.15): The site is within the catchment of Pant yr Eos, which is a reservoir which we retain for use in a drought. As the potential impacts are on the catchment and the raw water quality this is a sensitive site and the developer should follow all regulations and good practice to reduce the risk of impacts to water quality. The developer and operator should contact DCWW via catchment@dwrcymru.com if there is an oil spill or any unusual event that increases those risks.

OPEN SPACES SOCIETY: I have read the application and apart from the Environmental statement, it would be good if the application could contain a map which showed the proposed development and the public rights of way on it. I walk through this farm fairly often, I bring groups from Islwyn, Cardiff and Caerphilly. The landowner uses subtle, but fairly obvious ruses to discourage walkers. The application should be absolutely clear how this development will affect the public rights of way.

FRIENDS OF THE EARTH: Torfaen Friends of the Earth has considered in detail this planning application and offers no objection.

GWENT WILDLIFE TRUST: (original comments 6.11.15) Gwent Wildlife Trust has no in principle objection to the above development but would like to make the following comments:

Trees and Hedges: Gwent Wildlife Trust welcomes the ecological chapter within the ES and the Arboriculture Survey. However, the Arboriculture Survey uses a layout proposal that has since been amended, to include more panels in the western side of the development, which may affect root protection areas of trees. The security fence may also affect the trees along the western boundary. It is also not clear whether the proposed swales will affect trees or hedges.

Gwent Wildlife Trust would like ideally to see an amended tree impact plan for the new site layout. As a minimum, we expect conditions that protect trees and hedges to BS: 5387 during construction, and restrict both panels or fencing to outside of root protection areas (except T1, T2, G19 and G20 as already addressed in the Arboriculture Survey). Mitigation proposals for T1 and T2 should also be conditioned.

Regarding hedgerows, we welcome proposals to restore defunct hedgerows with native species. However, we remain concerned that the security fence is too close to some of the hedgerows. Ideally there should be 5-7m between hedge and fence to protect the roots and also reduce disturbance.

To protect commuting and foraging bats, there should be conditions preventing light spill onto trees and hedgerows.

ASNW: Gwent Wildlife Trust welcomes the 15m buffer applied to the ASNW along the southern boundary. However, our records indicate that the SINC boundary extends around the south east corner of the site. It needs to be clear that the 15m buffer applies to the whole of the SINC.

Regarding management of the buffer, there is some current thinking that buffers allowed to regenerate naturally into scrub, or buffers planted with native tree and shrub species, may provide more benefit to adjoining ASNW and, in this case, this may increase the ecological connectivity along the stream corridor. We recommend that this is considered as an alternative to wildflower planting and discussed with the council ecologist (see comments regarding enhancement).

Badger and small mammals: Gwent Wildlife Trust welcomes the use of small mammal and badger gates. Small mammal gates should be placed at regular intervals – there isn’t guidance on this but approximately every 10m would be sufficient. We do not believe that two badger gates will be enough to provide access to the site for badgers, given that badgers are very mobile and their foraging territory and behaviour will vary seasonally. We recommend a total of 10 gates – one in each external field boundary – to allow for badger movement.

Reptiles: Whilst we agree that the site is unlikely to support large numbers of reptiles, destructive search should be a last, rather than first resort. Gwent Wildlife Trust recommends habitat manipulation to discourage reptiles from areas to be developed, followed by destructive search. A reptile method statement should be a condition of any planning consent.

Biodiversity enhancements: Gwent Wildlife Trust welcomes proposals for hedgerow restoration, bird and bat boxes, and wildflower planting. We recommend natural regeneration or tree/shrub planting within the ASNW buffer as an alternative to wildflower planting. Management of these features, together an appropriate grazing regime, should be a commitment for the lifetime of the development. Details should be agreed with the Council Ecologist via conditions for an Ecological Management Plan.

Landscape: Gwent Wildlife Trust has not considered landscape issues in forming our response to this development. However, we note that the development is within a Special Landscape Area, and in close proximity to public rights of way. Landscape issues, such as compliance with LDP policies S7, BW1 and C2 will require careful consideration.

We recommend that you discuss this case with your in house ecologist.

(Re-consultation - on receipt of amended tree impact plan - ): no reply received at time of writing report.

GLAMORGAN GWENT ARCHAEOLOGICAL TRUST: You will recall we identified that the Historic Environment Record showed features of post-medieval date adjoining the southern site boundary; the Listed Cwrt Henllys Farm, which dates in its current form from the mid-16th century lies at the north east of the site. The current supporting information includes an archaeological desk-based assessment undertaken by CGMS and this work meets the current professional Standard (Report dated August 2015, ref: WB/PB/19963). The assessment identifies that the quarry infrastructure to the south will not be affected by the proposed development. It also has considered the origins and likely extent of the settlement around Cwrt Henllys, and the likely use of the land. It concludes that there is a low

potential for encountering remains as the land appears to have had agricultural use, and any remains encountered are likely to be of low significance. There is a low to moderate potential within the area of the cable run through the farmyard, and identifies this would be limited by the scale of the disturbance. We therefore have no archaeological objection to the development; subject to the attachment of a condition to mitigate the works. As there is a low to moderate potential, it is our opinion that this can be mitigated by the major ground disturbing activities to be undertaken under archaeological supervision. As the archaeological advisors to your Members, we therefore recommend that a condition, requiring an archaeological watching brief to be conducted during the groundworks for the development, should be attached to any planning consent granted in respect to the current application.

NEWPORT CITY COUNCIL: No objection subject to following condition:Within 30 calendar years from the date when electricity is first generated to the grid, or within 6 months of the cessation of electricity generation by the solar farm hereby approved, whichever is sooner, the [facility and all associated works/equipment] shall be dismantled and removed from the site and the land restored to its former condition in line with a restoration plan which shall be submitted to and approved in writing by the local planning authority prior to the commencement of work. Written confirmation of the first export date shall be sent to local planning authority within one month of the first export date.

CAERPHILLY COUNTY BOROUGH COUNCIL: The site is situated with Torfaen close to its boundary with Caerphilly. A Landscape and Visual Impact Assessment has been undertaken in accordance with what is currently regarded as best practice. A Study area of 5km from the application site has been set and 14 representative viewpoints identified based upon the projected Zone of Theoretical Visibility mapping. Four potential representative viewpoints were identified within Caerphilly Borough and assessed. I accept these assessments and consider the potential impact of this proposal upon Caerphilly County Borough is not significant. I therefore have no objection to the proposal.

HENLLYS COMMUNITY COUNCIL: We have considered the plans presented to Henllys Community Council and have no observations to make on the substantive content. We would however like to raise concerns over the impact the construction of the site may have two areas of specific concern.

1. The number of heavy vehicles travelling to the construction site on a daily basis will undoubtedly cause further damage to Henllys Lanes and add to what is already a poor surface with many potholes. We would like to know what arrangements will be put in place to monitor and repair.

2. In the vicinity of the proposed development sits Henllys Bog, one of a handful of valley mires left in the area. It is fed by numerous springs, can we be assured that this development will not impact this area of outstanding importance.

FORWARD PLANNING (POLICY/LDP): Section 8 of Practice Guidance - Planning Implications of Renewable and Low Carbon Energy is a useful guide to solar developments.

The site is located outside the urban area in a Special Landscape Area (Policy C2/3) in the Adopted Torfaen LDP.

Key extracts from LANDMAP

Visual and Sensory, Cultural Landscape and Historic are all valued high.

Visual and Sensory - TRFNVS002 – Summary - Upland area with easterly aspect ranging from approximately 120m to 200m AOD, dominated by slopes, wooded (broadleaf and conifer) blocks and open tops to produce a mosaic pattern... Very quiet, secluded, with slight lowland feel engendered by proximity to, and extent of views over, the adjacent rolling farmland, and the wider views to the urban area of Cwmbran and Sebastopol... This proximity may explain the network of public footpaths that criss cross the area, several of which provide a direct access link with the urban area... The Monmouthshire and Brecon Canal and a golf course lie in the area...

Cultural Landscape –TRFNCL913 - Summary - This is the rural area to the west, south and east of the major urban settlements of Cwmbran, Sebastopol and Croesyceiliog. The ridge that forms Mynydd Henllys and Mynydd Twynglas falls technically into the description of uplands but has been included in this Aspect Area as it forms part of the general rural character. The ridge provides an important backdrop to Cwmbran and is an area well used by the local community.

No SINCs are on site or directly adjoin the site.

Summary

The site is outside the urban area and is in a Special Landscape Area.

The Torfaen Renewable and Low Carbon Energy Assessment (2013) study (which was produced to provide an evidence base for the LDP) identifies land in this area as the location for potential solar schemes and in principle we support renewable energy projects through Policy S3 (d). However this area is a SLA and is potentially overlooked by and seen in the context of key views of Twmbarlwm. There are listed buildings in the vicinity and other viewpoints from PROW in the area are affected.

New development in the open countryside away from existing settlements or areas allocated for development in development plans must continue to be strictly controlled. All new development should respect the character of the surrounding area and should be of appropriate scale and design.

However, there may be justification for development to be permitted outside of the Urban Boundaries where it constitutes an appropriate rural use; i.e. development

which is in keeping with the countryside, which would not cause unacceptable harm to a countryside setting.

The site being within an SLA will be protected from any development that would harm the individual and distinctive features of the SLA. The policy is not designed to preclude development, although applicants will need to demonstrate that any development proposal will not have an adverse impact on the unique characteristics associated with the specific SLA.

This development is potentially overlooked or seen in the context of views of Twmbarlwm. This is a dramatic and historic viewpoint and the introduction of a solar farm maybe seen to be harmful to this.

The applicant will need to demonstrate how the development is in keeping with this countryside setting and also how the proposal will not have an adverse impact on amenity of those overlooking the site, the setting of the listed buildings and also the SLA in their submission. ZVI, photomontages and visual assessments will be useful in this regard.

The visual effect of the proposal is the main consideration and the effect on recognised historic assets most notably Twmbarlwm, will be important. The views of CADW as to whether this would be a factor of such significance would be useful.

Forward Planning comments provided previously on EIA screening opinion are reasserted:

4.2.3 Disagree that “…the proposed development would result in minor alteration to landscape characteristics (pastoral farmland)” and “…there would be only moderate change to landscape character and visual amenity”

This development will have a major effect on the landscape character on and around the site for the lifetime of the application. The area is SLA and from examining Landmap the area is rural in character providing an important backdrop to Cwmbran. From the applicants ZVI views into the site will be extensive and very significant from close by on rural rights of way.

Disagree with conclusion under Policy C2 on page 28 that “…the landscape is considered to be of medium sensitivity.”

The area is designated as a SLA and the landscape character will be significantly affected. In addition the site forms part of the ridge which is a significant backdrop to Cwmbran. Whilst views into the site will be varied they will be from a significant area and the change in the landscape character will be noticeable and harmful.

Whilst the setting of Twmbarlwm is extensive this site is a significant part of this setting and will in my opinion have a negative impact on this important monument and its setting.

The listed farmhouse is within 100m of the nearest panels and I consider the change to the wider setting of the farmhouse will be altered significantly and harmfully.

I do not believe the applicant has demonstrated that the development is in keeping with this countryside setting and that the proposal will not have an adverse impact on amenity of those overlooking the site, the setting of the listed buildings and also the SLA.

From the details available it is my view that in this case the visual impact of the proposal would appear harmful. The development will have a detrimental effect on the setting of a listed building and the proposal is contrary to Policy S2c, S7d (e), BW1, C2/3, C3. I object in principle to the development in this location.

(additional comments 7.12.15) Whilst the listed building and its setting should be preserved irrespective of any new development I can appreciate the point that this development provides an opportunity to assist the owner to carry out the necessary remedial works to achieve this mutually advantageous result. This enabling aspect of the development can be seen as a benefit of the proposed development and a pragmatic solution to the issues affecting the future of the listed building. This benefit will need to be balanced with the other effects of the development (visual impact etc.) in assessing its suitability.

CONSERVATION OFFICER: Cwrt Henllys is a late medieval farmhouse that according to Royal Commission on Ancient and Historical Monuments in Wales may date back to the 14th century in parts. The actual farm lies at around 200m, which is just under half way to the top of the Coity Mountain at this point, and under the Twmbarlam Hillfort (a Scheduled Ancient Monument), from which it is physically and visually separated by an area of NRW owned woodland that is currently being cleared. This woodland contains the remains of at least three round barrows which are Scheduled Ancient Monuments and a number of ancient walls (see below) These remains testify to a significant amount of human activity spanning three millennia, which probably extended as far down the mountain as the proposed site. The current proposal is for a 14 hectare solar farm in five fields 100m due west of the farmhouse, and south east of Twmbarlwm. The application includes a brief archaeological assessment of the site drawn from public records, together with an EIA assessment of the impact of the development upon the historic environment. Unfortunately the archaeological assessment is insufficiently complete to enable it to enable an accurate assessment of the site to be made. This inaccurate assessment has then informed the EIA assessment which is of itself insufficiently comprehensive and based on a flawed methodology. Consequently little weight should be given to its conclusions.This will be examined in depth later in this report. The size of the development should also be noted. It measures around 560m by 380m, with an increase of height of around 60m. This means that from most of the more distant viewpoints the site will be seen as a long thin strip. Relevant Archaeological and Historic FeaturesIt is noted that the archaeological assessment only mentions those features actually scheduled or listed. Additional historic assets in the locality which are relevant include:

A series of walls extending down the mountain which are currently mostly under the NRW woodland. These are of massive construction and are over 1m wide. They are very unlikely to be post medieval and probably date from either the Norman occupation of the castle in the 12th century or the Cistercian period (14th-16th Century). Cwrt Henllys was almost certainly a grange of Llantarnam Abbey during this period, as evidenced by the existing house. The tithe maps and 1st and 2nd series of the Ordinance Survey maps (included within the assessment) appear to show a couple of circular enclosures in the most Westerly field, which appear to bare no connection with the later post medieval field boundaries. It is therefore highly probable that these date from the medieval period or possibly earlier. Whilst these may be simple field boundaries, the possibility that they surrounded Pre-Roman, Roman, early medieval or medieval farmsteads cannot be discounted. There are a number of remaining features in the field to the North West which suggest that this site was occupied at an unknown period in the past. This all suggests that this area was actively, and intensively occupied within the medieval period, and that there is an active linkage of historic features which extends from Twmbarlwm at least as far down the hill as Cwrt Henllys, and that this whole area forms a single unified historic landscape dating from the medieval period, and possibly earlier.As such the development cannot be assessed by simply considering the impact of the development on each individual asset individually, but that this interdependent impact also needs to be considered, and the development assessed for its impact upon the wider historic landscape. The assessment within the EIA cannot be considered to have adequately addressed this issue. The actual panels are approximately 2.6m high and either black or dark gray in colour and will form long rows. It is unlikely that due to their dark colour that individual panels or rows would be identified from more than a few yards away and that from most viewpoints the blocks within the individual fields would appear to become a single homogeneous long and thin block of dark colour. The application makes it unclear as to whether the panels would have a gloss or matt finish. The author suspects that reflections from the former would make such a development much more obvious than a matt one. The author suspects that the actual panels could be seen from a significant distance, and these may have some impact upon the long distance views of Twmbarlwm or its surrounding historic landscape. Such an impact has not been considered in the application. A number of auxiliary buildings are also proposed, and some of these are of a significant scale, as they are similar in mass to a small traditional cottage, although cuboid in form. The final element would be the fence which it is proposed to surround the scheme with. It is considered unlikely that either the auxiliary building or the fence could be seen from more than a couple of miles away, and these are unlikely that these would have any impact upon the long distance views of Twmbarlwm or its surrounding historic landscape. Critique of the Historic Environment Settings Impact Assessment

Whilst a Historic Environment Settings Impact Assessment has been provided, this has been based on an unknown methodology, which appears skewed towards minimising any impact upon a specific asset. It is noted that any development short of a major demolition or almost complete alteration of the setting of an asset will automatically result in “minor” or “negligible” categorisation, with no account being given to the quality of the asset or its special features. The author would also dispute a number of assertions within this assessment as described below.The impact upon Cwrt HenllysThe HESIA considers that this development would have a minor to negligible impact upon the farmhouse because a). it would have a minor impact (i.e. anything but a complete destruction) on the setting and b). there is little visual relationship between the interior of the house and the development. The author cannot support either of the above contentions for the following reasons:

Although the barns are not individually listed, a number of them are of listable quality and the whole farmstead is considered to be a single listable asset. Therefore the setting which needs to be considered is that of the whole farmstead, not just the main house.

From most angles the new steel barn would only shield a small part of the development, allowing the major part of the development to act as the backdrop to the historic farmstead

There is no requirement for the wider setting to be seen from inside the asset, as this is only a small element of the overall setting. The development will be clearly seen in conjunction with the listed farmstead from many parts of the curtilage and surrounding area,

A direct line of sight is not an essential element within a historic setting

Whilst the medieval fabric is an important element within the asset, this is not the sole reason for its listing, and the 17th, 18th and 19th century elements are equally important.

There is no need for the setting to be seen by the public.

The rural nature of the landscape forms a very important element within the setting of the overall asset which includes the actual house and the surrounding historic buildings.

This landscape contains elements within it that date back to at least the medieval period, and are possibly older, whilst the current form has remained unaltered since the early 19th century at the latest. As such it must be regarded as of high value in its own right and it certainly makes a very substantial positive contribution to the listed house.

There is a direct visual relationship between the farmstead and the development which, by nature of its form, extent and materials would have a significant detrimental impact upon the setting of Cwrt Henllys. The impact upon Twmbarlwm Whilst the author would agree that the setting of Twmbarlwm extends for 360 degrees, and that this development would principally be seen from the east and possibly the

south, the wider historic setting of the medieval fortress extends close to, and possibly into the development site in the form of the oval enclosures shown in the early maps. As such this development must be regarded as having a significant impact upon the setting of Twmbarlwm which has not been adequately assessed. It should also be noted that the Coity Mountain forms a backdrop to Cwmbran and that Twmbarlwm must be regarded as an “iconic” structure which has significant local cultural importance. It is probable that this development will have some impact upon the setting of the Tump as experienced in Cwmbran, and that this needs to be assessed. It is noted that the Seven Valley, the hills to the west of the Wye Valley, and the Quantock Hills can all be seen from this site, and it is probable that this site could be seen from a significant distance. It is also possible that this development is large enough to be seen, and hence make an impact upon the setting of Twmbarlwm, and these very long distance views also need proper assessment. ConclusionThis proposal has a significant detrimental impact upon the setting of Cwrt Henllys, which may be considered contrary to national and local planning policies. It may also be considered to have a detrimental impact upon long distance views of Twmbarlwm, which may further be considered contrary to planning policies. No proper assessment of these impacts have been provided or justification as to why such Impacts may be considered acceptable in Planning terms, The author would therefore advise that caution is exhibited and that this application is considered contrary to the policies above without further evidence being submitted. The author would also advise that planning case law has established that “exceptional” weight should be given to impact that development has upon the setting of a historic asset, and this development would certainly have a significant detrimental impact upon the setting of the Listed Farmstead which would constitute sufficient justification for the refusal of this scheme.However, it should also be noted that the farmstead is in a poor condition and that the solar farm would only be in existence for a relatively short period of time. It is therefore considered that this development may be legally considered to be “Enabling Development” and that such a designation would be sufficient to override the Planning concerns above. In order for such a designation to be applicable a significant proportion of the income derived from the development would need to be used to restore the farmstead. The author would therefore not object to this development as long as such a restoration could be secured through either a Section 106 agreement or similar legal agreement.

HIGHWAYS OFFICER: (original comments 7.10.15) I am concerned at the access routes to Cwrt Henllys Farm. One route is across a bridge that has a 13 t weight limit and any delivery vehicle would need to be below that weight.Another route is across a bridge that has no weight limit but would require assessment prior to large HGVs crossing it.

Both routes have significant issues with the poor standard of construction and edge restraint and could not accommodate Large HGVs. I note from the access statement that at the decommission stage the proposal is to use 40ft HGVs. This size of vehicle would not be able to negotiate the lane. There is no indication of the size of the vehicle that will deliver the panels or whether the vehicle will be delivering from Cwmbran or Newport direction.

Can you ask the applicant to provide further information to enable me to comment further on this proposal.

(additional comments 21.10.15) The transport Consultant acting for the applicant has identified that the most appropriate route to the site would be from Henllys Way along route 303 (Henllys Lane) to the second junction that leads to Cwrt Henllys Farm.

I am concerned about HGVs using this route but the applicant would ensure that the number of vehicle movements occurring on a particular day is kept to a minimum and would avoid peak hours. They will also provide marshals who can advise drivers of approaching vehicles of the need to wait at a suitable location.

We would need to survey the existing road with the applicant and monitor during construction and post construction. The applicant will be required to make good any extraordinary damage.

Although I am concerned about this application it would be difficult to oppose it because of the limited construction period. I would not oppose this application from a highway standpoint however the following conditions should be attached to any grant of approval.

1. No deliveries shall take place between 8am and 9am and 3pm and 4 pm.

2 .Marshals shall be provided to escort delivery vehicles to and from site.

DRAINAGE: The only concern I have, at this site, is that the rainfall run off the solar panels will, during times of storm artificially increase the time of concentration and volume into the existing land. Whilst it is accepted that this run-off will soak into/run over the surface of the existing land, and this area is not changed it will concentrate at the bottom of the lower part of the panels, and I would ask for confirmation that this will not affect the greenfield run-off rates of the site. If the developer can give assurances that the proposal will not increase or affect the Green field run-off, I’m happy.

ECOLOGIST: (original comments 8.10.15) I welcome the submission of the Environmental Statement and concur with the findings set out in Section 10 (Ecology) of the report. I therefore have no objection to the proposal proceeding as set out in the supporting documents. I would however recommend that the stated mitigation measures are secured via an appropriately worded condition. It is also suggested that

our standard bat and breeding bird advisory notes are applied to any recommendation to approve.

Finally, having looked at the ES I can’t see reference to a programme of monitoring for the proposed biodiversity enhancement measures. This is particularly important in respect to the wildflower margin. Clarity around this issue is requested.

(reconsultation – on receipt of amended LBMP – 19.10.15) I can confirm the amended proposals (to include specific wildflower grassland monitoring) are fine by me.

(additional comments – 7.12.15) Henllys Bog SSSI is located approximately one kilometre north of the application site and isn’t considered to be hydrologically linked. Even if it were closer I find it difficult to envisage there being a significant impact on the SSSI from such a proposal. It is notable that neither Gwent Wildlife Trust (owners of Henllys Bog) nor Natural Resources Wales (statutory advisors on SSSIs) considered there to be merit in highlighting the bog in their responses to the planning application.

PROW OFFICER: Public Footpath No 23 in HENLLYS Community is affected by the site. This must be kept open and free from obstruction for the public as all times or alternatively a legal diversion must be obtained and implemented before any development takes place. The proposed new vehicular access runs over part of Public Footpath no 23 (although in Q6 the applicant responded “No” to the need for a new vehicular access) there is the addition of the DNO building adjacent to the path. If this structure is less than 2m from the path, a public path order to divert the route may be required. If the construction of the vehicular access and the DNO building requires the prohibition of pedestrians then a Temporary Stopping up Order will be necessary for a maximum of 6 months.

(additional comments – 9.12.15) I have no comments or objections to the new position of the DNO as it no longer affects the line of the registered footpath.

LANDSCAPE OFFICER: (original comments 23.9.15) TCBC LDP Policy S2 Sustainable Development states that ‘Development proposals will need to demonstrate they have taken account of the following principles and where relevant that they: -c) Conserve and enhance the natural and built environment;h) Are located within the Urban Boundary unless it is an acceptable development in the countryside.’

Paragraph 5.2.6 states that “The County Borough’s natural and built environment is an important resource and new development should be located so that it does not compromise and where possible seeks to enhance the area’s countryside, open spaces, landscape character and biodiversity resources”.

This application site falls within the Special Landscape Area SLA Southern Uplands and is on the boundary of Special Landscape Area 8 Western Uplands and Caerphilly Borough Council’s Abercarn Visually Important Local Landscape Area.

Torfaen County Borough Council Local Development Plan Policy S7 Paragraph 5.7.7 states that “areas of the County Borough that are designated as Special Landscape Areas (SLA’s) for their high landscape value will be afforded protection to ensure that their character and setting is not harmed by inappropriate development proposals. Development proposals within a SLA will be assessed against Policy C2”.

Policy C2 paragraph 8.44.1 states that “utilising the national LANDMAP information system SLA’s have been identified within Torfaen. They have been designated to protect areas that are considered to be important to the overall landscape, history, culture, biodiversity and geology of the County Borough. Areas identified have particular characteristics that combined reflect special areas that are intrinsic to the overall character of Torfaen’s environment”.

Paragraph 8.44.2 states that “the areas identified will be protected from any development that would harm the individual and distinctive features of the SLA’s. The policy is not designed to preclude development, although applicants will need to demonstrate that any development proposal will not have an adverse impact on the unique characteristics associated with the specific SLA”.

Paragraph 8.44.3 states that “applications for development within an identified SLA will need to consider the LANDMAP aspect areas and identify how the development proposal affects the aspects area”.

LANDMAP Visual and Sensory Layer for this Aspect Area (TRFNVS002) states that the area is dominated by slopes, wooded blocks and mosaic field pattern. It is quiet and secluded with a network of public footpaths. Boundary type is hedgerow with trees. The evaluation states that the landscape is generally intact unspoilt upland area and that the landscape should be conserved as existing namely agricultural/ woodland. Forestry and hedgerows should be managed and hedges replanted and gapped up as required. Key quality to be conserved is the field pattern, woodland and hedgerows. The evaluation matrix states scenic value is high, integrity of the landscape is high being generally unspoilt with a moderate sense of place and visual unity.

LANDMAP Cultural layer (Code TRFNCL913) states that the area is well established and culturally important for its rural character. It is well used and valued by community.

LANDMAP Historical layer (TRFNHL006 Henllys) states the area is of high value reflecting the well preserved nature of the fieldscape and settlement pattern with guideline management recommendations to keep as present and restrict development.

The SLA Designation states that the area is one of pleasant rolling agricultural landscape formed by a series of enclosed hollows with a distinct sense of enclosure and isolation. The Aspect Area is well used for leisure and recreation by residents of the nearby urban areas and the ridge provides a backdrop to Cwmbran. Though the

physical elements of the field landscape would be retained the site will no longer be perceived as an ‘agricultural landscape’. Appreciation of the adjacent ancient woodland would be adversely affected by the presence of CCTV on the southern boundary of the site. This development would spoil scenic quality, break the integrity of the landscape and change landscape character from agricultural to urban within the immediate environs of the site.

Though the undulating topography of the area limits the visual impact largely to near and immediate views into the site there will be a significant change in local landscape character especially to visual receptors using the public footpaths on the site boundaries. Most significant is the view of the site from walkers using footpaths from Twmbarlwm Scheduled Ancient Monument which is a well-used recreational area.

Though panels are well spaced on the ground from a distance they will appear as total cover. The colour of the landscape will be changed from green to blue.

Screening of both distant and immediate views into the site relies on the existence of tree cover and the planting of hedgerows. Existing tree cover is deciduous which will provide considerably less screening for approximately 6 months of the year when the trees are not in leaf. New hedgerow planting will take 5 to 10 years to mature sufficiently to provide an adequate visual screen. Therefore for a third of the 30 year operational life of the solar farm immediate views into the site will not be mitigated for. The photomontage for Viewpoint 5 does not accurately reflect the size of the trees in Year 1. The image shows standard trees placed at 1 metre centres whereas the specification asks for feathered trees which would be much smaller. Planting distances shown on the plan are also far greater than shown on the montage.

I would request additional photomontage showing growth after 5 years at Viewpoint 5 and additional photomontages for Viewpoints 1, 6, 7 and 8 showing 1, 5 and 10 years if possible.

Consideration should also be given to the possible cumulative impact on the landscape character of this and other Special Landscape Areas should further applications be made to extend this or develop other solar farms (LDP Policy S7 Paragraph 5.7.10 New development will have a cumulative impact on the landscape character.)

Hedgerow species detailed in the planting plan are acceptable though a percentage of the Malus tree species could be replaced with oak to increase diversity and longevity of enhancements.Any tree and hedge planting should be undertaken prior to construction of development not afterwards as proposed to reduce time that site remains unscreened from development. Specification of wildflower mix to buffer area needs to be approved by TCBC Ecologist prior to sowing to ensure it is appropriate for the location and works are carried out according to good horticultural practice.

(reconsultation – on receipt of amended LVIA – 24.11.15) Photomontages for Viewpoints 1, 6, 7 and 8 showing 1, 5 and 10 years have been provided as requested. The following observations are made.

Though panels are well spaced on the ground from a distance they will appear as total cover. The colour of the landscape will be changed from green to blue. Viewpoint 7 shows the impact of the development on the wider visual landscape and the significant change in the muted greens which currently characterise this landscape to large area of blue/ black. It is difficult to anticipate the visual impact from a further distance but the change in colour in the landscape may have a greater impact from a distance than it is possible to tell from montages as in the case of oil seed rape.

Screening of both distant and immediate views into the site still relies on the existence of tree cover and the planting of hedgerows. Existing tree cover and hedge planting is deciduous which will provide considerably less screening for approximately 6 months of the year when the trees are not in leaf.

New hedgerow planting will take 5 to 10 years to mature sufficiently to provide an adequate visual screen. Therefore for a third of the 30 year operational life of the solar farm immediate views into the site will not be mitigated for. Photomontage viewpoint 5 still does not accurately represent size or planting distances of feathered trees specified in planting plan. The montage showing growth after 5 years suggests the site will be largely screened in summer by growth of hedge.

Viewpoint 1: Unscreened security fence dominates the view and the site may not be fully screened up to 10 years after installation.

Viewpoint 6: Suggests there will be significant change to the view. The original open prospect over fields to the estuary would be interrupted by a view of an intrusive security fence and solar panels which would not be screened by planting for up to 10 years. The open prospect and view to the estuary would be lost as the hedgerow matures significantly changing the visual character of the landscape.

Any tree and hedge planting should be undertaken prior to construction of development not afterwards as proposed to reduce time that site remains unscreened from development. New proposal still suggests planting in first season after construction not prior to construction. Though the proposal to lay mature hedges will produce more robust, dense, healthy hedgerows, it will further reduce their impact with respect to screening the development by reducing the height of these hedges.

(reconsultation – on receipt of amended tree impact plan - 3.12.15): These comments relate to the submission by the developer of a revised layout to include a 15m buffer from the southern boundary incorporating a wider buffer between the fence and CCTV and the ancient woodland. I would comment that moving the fence closer to the edge of the panels would help reduce the visual impact of the fence from viewpoint 6 and viewpoint 1. It is likely to be less visible as it is at a greater distance from the footpath and would appear lower in the landscape as a result though the extent of this impact is less certain from Viewpoint 1. The plan does not show the CCTV cameras but I would assume these would move onto the new line of the fence away from the ancient woodland boundary reducing the impact on this feature.

ASSESSMENT AND CONCLUSION

The main issues to consider are:

The principle and benefits of the proposed development The impact on the supply of agricultural land The impact on the character and appearance of the countryside The impact on biodiversity, ecology and hydrology The impact on highway safety and amenity of residential occupiers The impact on the character, appearance and setting of heritage assets

Principle

With regard to the location of the development, Members are advised that it is not possible to site a solar farm anywhere. Matters that need to be considered include, amongst other things, a viable grid connection, levels of daylight (usually south facing sites), agricultural land classification, adequate road access and landscape and other environmental impacts. A study commissioned to support the LDP evidence base identifies this general area as being suitable for solar farm development. Chapter 5 of the Environmental Statement sets out in more detail the developer’s site selection process and assessment of alternatives.

Concern has been expressed about the proposed use of an undeveloped agricultural site in the countryside rather than urban or industrial sites or the roofs of commercial buildings. Whilst there is a good case for using previously developed land in this way the Council must consider the merits of the proposal that is presented to them and it is not considered reasonable to object to the principle of the development in this location. Whilst this is a greenfield site, LDP policies, reflecting national planning policy in Section 4 of PPW, seek to strictly control any new development. Also, being a SLA, any new development must to be assimilated into the landscape without detriment to its special character and appearance.

Benefits

The UK is a signatory to the EU Renewables Directive (2009) under which there is a legally binding target to generate 15% of total UK energy consumption from renewable sources, rising to 80% by 2050. Consistent with national planning and energy policy as set out in Section 12 of PPW, the proposed development provides a green, clean renewable energy source to provide electricity for public use thereby contributing to national targets to reduce carbon footprint and help combat the predicted problems associated with climate change. Improving the UK’s energy self-sufficiency also helps to avoid volatility in a global fossil fuel market. The proposed development has a generation capacity of approximately 4.7 megawatts which is enough to power approximately 1361 homes (based on typical consumption) and save approximately 2322kg in CO² emissions (the equivalent of removing 516 cars from the road) per year. Welsh Government policy, as set out in Section 12 of PPW, urges Local Planning Authorities to facilitate the development of all forms of renewable and low carbon energy and to make positive provision by ensuring decisions contribute to targets and by recognising the opportunities that renewable energy resources can make to planning for sustainability.

At a more local level, and as part of the planning application the developer proposes significant ecological and biodiversity habitat enhancements in the form of wildflower planting, hedgerow planting, bird and bat boxes, and small mammal and badger gates.

The development is also consistent with national (PPW Section 7, TAN 6) and local planning (LDP Policy C3) policy objectives for supporting rural diversification as it is part of a wider 100 hectare landholding that will co-exist with the main (crops and livestock) farm business and provide a regular, diversified income stream for the farm owner.

At the Local Planning Authority’s request the developer has agreed to provide interpretation boards along the PROW near to the site to provide an educational resource and feature of interest for users of the PROW. These boards will explain the technology behind the development and features of interest at the site, e.g. species of flora and fauna present.

The income generated by the proposed development also affords the opportunity to restore the nearby grade II listed building, which forms part of the wider landholding, to preserve it for future generations.

Supply of agricultural land

The application includes an agricultural land classification report, the conclusions of which have been independently verified by Welsh Government. National planning policy, in both PPW and TAN 6, seeks to protect the best and most versatile agricultural land (Grades 1, 2 and 3a) from development. The loss of the application site’s usable Grade 3b (moderate quality - land capable of producing moderate yields of a narrow range of crops, principally cereals and grass or lower yields of a wider range of crops or high yields of grass which can be grazed or harvested over most of the year) agricultural land would not be significant since much of it can still be put to grazing.

Furthermore the proposed solar farm would have a life span of 30 years and the methods of construction and decommissioning can be controlled to ensure that there would be no loss of agricultural land quality once the development has been removed. The land would not be lost to agriculture and, according to the submitted application, sheep could be grazed between and beneath the rows of solar panels. Therefore the impact of the proposed development is reversible and, consequently, there would not be a permanent loss of agricultural land. The grade of land is 3b therefore it is not the best and most versatile agricultural land that planning policy seeks to conserve as a finite resource for the future.

Character and appearance

Chapter 7 of the Environmental Statement examines the likely significant effects of the proposed development on the landscape and includes a visual impact assessment that has been examined by the Council’s landscape officer.

The site and its surroundings are not covered by any national landscape designations however, at a local level, the site forms part of the Southern Lowlands Special Landscape Area (SLA) defined under LDP Policy C2/3. LDP policy does not preclude new development within SLAs but only allows new development where it can be demonstrated that it would not adversely affect the landscape character, landscape features or visual amenities of the SLA.

Torfaen County Borough Council Local Development Plan Policy S7 Paragraph 5.7.7 states that “areas of the County Borough that are designated as Special Landscape Areas (SLA’s) for their high landscape value will be afforded protection to ensure that their character and setting is not harmed by inappropriate development proposals. Development proposals within a SLA will be assessed against Policy C2”.

Policy C2 paragraph 8.44.1 states that “utilising the national LANDMAP information system SLA’s have been identified within Torfaen. They have been designated to protect areas that are considered to be important to the overall landscape, history, culture, biodiversity and geology of the County Borough. Areas identified have particular characteristics that combined reflect special areas that are intrinsic to the overall character of Torfaen’s environment”.

Paragraph 8.44.2 states that “the areas identified will be protected from any development that would harm the individual and distinctive features of the SLA’s. The policy is not designed to preclude development, although applicants will need to demonstrate that any development proposal will not have an adverse impact on the unique characteristics associated with the specific SLA”.

Paragraph 8.44.3 states that “applications for development within an identified SLA will need to consider the LANDMAP aspect areas and identify how the development proposal affects the aspects area”.

The developer has submitted a Landscape and Visual Impact Assessment which analyses the landscape and visual effects of the proposed development on the SLA. The Council’s landscape officer has concluded that the proposed development will result in the character of the landscape changing and the longer distance views will mean that the existing green field will be viewed as blue or black. Some of the associated paraphernalia (e.g. cctv and equipment cabins) do bring a degree or urbanisation to what is clearly designated as an agricultural landscape, however the developer has tried to minimise the impact this has by providing a 15m buffer to the ancient woodland and SINC and by careful siting of the panels.

New hedging is proposed along several boundaries and this, combined with the existing hedges and trees, the size of the arrays and topography will mitigate the proposed development so that it would not have an unacceptable impact on the character and appearance of the area, albeit it will alter the character significantly from its current condition.

The proposed development will have a significant impact on the enjoyment of PROW No.23 particularly during the construction and decommissioning stages. However this impact is limited in both distance and time and therefore it is not considered that this harm justifies withholding planning permission for the proposed development,

especially if also attributing some weight to the public benefit of new features if biodiversity interest and interpretation panels being provided as part of the development.

There will be a limited impact on the fabric of the landscape. All the generating equipment and associated supports, buildings and fencing would be removed at the end of the lifespan of the development and the land restored. Foundations are shallow, the land would continue to be used for grazing during the operation of the permission and there would be limited long-term physical alteration to the landscape.

There will undoubtedly be a considerable visual impact on the landscape. However this can be compared to an installation of glasshouses or polytunnels which may well be regarded as acceptable in some agricultural settings. In terms of colour change some oil seed rapes provide a similar stark change in landscape colour and this is often a matter of personal taste as to whether this is acceptable or not. The development will clearly be seen from a variety of vantage points even if hedgerow mitigation acts as a screen to closer views, e.g. adjacent public footpaths. The introduction of ancillary equipment such as cabins, fencing and security cameras is of particular concern in this respect. However having regard to the LVIA provided and further revisions to layout to take account of specific concerns (e.g. landscape officer comments) overall it is not considered that public views will be significantly harmed to a degree that would warrant refusal of the application on landscape grounds. The effect of the proposal on the appearance of the landscape will be harmful to a certain degree. However the harm identified is balanced against the public benefits of the proposed development.

Biodiversity, Ecology and Hydrology

Chapters 8 and 10 of the Environmental Statement examine the likely significant effects of the proposed development on hydrology, ecology and nature conservation. The application also includes ecological mitigation and enhancement measures consistent with national (PPW Chapter 5, TAN 5) and local (LDP Policies S7, BW1 and BG1) planning policy objectives.

The developers have commissioned flood risk and ecological reports which conclude that there will be no significant flood risk and a net gain in terms of biodiversity. The Council’s drainage officer and ecologist have reviewed the issues raised and concluded that subject to conditions to control surface water run-off rates and the implementation and monitoring of the proposed ecological management plan there is no objection to the development. The developer has amended the proposed layout and tree impact plan to address Gwent Wildlife Trust’s concerns over proximity of the site to the ASNW.

At the time of writing Gwent Wildlife Trust have not replied to the reconsultation however the Council’s landscape officer and ecologist have confirmed that the impact of the proposal has been further reduced.

With regard to the Community Council’s concerns, Henllys Bog SSSI is not hydrologically linked to the application site and is considered to be sufficiently far away so as to not be adversely affected by the development. Neither Gwent Wildlife Trust

nor Natural Resources Wales have identified the bog as being an issue in their responses to the planning application.

Highway safety and residential amenity

Chapters 11 and 12 of the Environmental Statement examine the likely significant effects of the proposed development on highway safety and amenity considerations such as traffic, noise and glint and glare. LDP Policy BW1 requires that all new development proposals must be safely accommodated within the existing highway network and without detriment to local amenity with any difficulties identified and mitigated through an appropriate transport assessment.

Concern has been expressed about the effects of construction access through narrow country lanes. A traffic management statement accompanying the application analyses this aspect in detail and the Council’s highways officer accepts the conclusions of the report subject to controls over the construction traffic being implemented via a planning condition(s).

A number of objections have been received from residents of the adjacent county borough regarding the route of the POC cable and associated disruption this would cause. The construction phase is approximately 12 weeks during which time road disruption will be caused as the statutory undertaker lays the requisite cables to connect to the grid. However it is not considered reasonable or necessary to withhold planning permission for a development that generates such long term public benefit for the short term inconvenience this causes to local residents, especially as digging up the roads/lane brings the opportunity of it being resurfaced in an improved state. No objection has been raised by Caerphilly CBC on this specific POC point and provided all cabling is underground (to prevent any adverse landscape/visual impact from overhead lines) any adverse impact in terms of highway safety and residential amenity is considered to be short term and overall acceptable having regard to the public benefit weight of the proposed development.

Heritage Assets

Chapter 9 of the Environmental Statement examines the likely significant effects of the proposed development on cultural heritage and archaeology.

The Local Planning Authority has a statutory duty to consider the impact on the setting of historic assets in the area. Cadw have assessed the impact on the wider area, which is designated as culturally and historically significant and concluded that there is no harm to the SAMs.

Cwrt Henllys Farmhouse, that adjoins the application site and is the route of the proposed access into the site, is a Grade II listed building with medieval origins.

Section 66 of the Town & Country Planning (Listed Buildings and Conservation Areas) Act 1990 makes it clear that “in considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority or, as the case may be, the Secretary of State shall have special regard to the

desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses”.

Technical Advice Note 8: Planning for Renewable Energy states that proposals for appropriately designed solar thermal and PV systems should be supported other than in circumstances where the visual impact is critically damaging to a listed building, ancient monument or a conservation area vista.

The submitted application and ES concludes that, removing solar arrays from the field closest to the farmhouse and the fact that the farmhouse is unoccupied and in disrepair means that the proposed development does not critically harm the listed building and therefore the application should be approved. However the developer’s own ES states (on page 102) that interpretation of what constitutes “setting” is broad in scope and that (p107) “even relatively minor effects to heritage assets of high significance [which would include a Grade II listed building] can be considerations which carry considerable weight in the planning balance”.

The Council’s Conservation Officer fundamentally disagrees with the developer’s conclusion that the listed building is not critically harmed and, given the very strict definition in Section 66 and the duty to preserve the setting (together with the considerable weight to be afforded to this aspect of the decision making process), your officers are satisfied that a refusal of planning permission on this basis can be justified, notwithstanding the stated public benefit of this renewable energy source.

However your officers are also aware that much of the current condition of the listed building relates to a lack of owner’s finance to repair and improve the listed building. There are also a number of unauthorised works that the Council has issued a Listed Building Consent to satisfactorily address. However this consent has not been implemented due to a lack of landowner finance.

The owner of the listed building also owns the site on which the solar farm is proposed to be located. The developer is to lease the land on a 30 year basis and the projected income is more than enough to finance the repair and restoration works to the listed building.

It is an established planning tool, endorsed by Welsh Government/Cadw’s ‘Conservation Principles’ (March 2011) guidance, that ‘enabling development’ can be used to secure the future of an important historic asset and facilitate the associated public benefit that would otherwise not be forthcoming. This guidance states that “Enabling development is development that would deliver substantial heritage benefits but which would be contrary to other objectives of national, regional or local planning policy. It is an established planning principle that such development may be appropriate if the public benefit of rescuing, enhancing or even endowing an important historic asset decisively outweighs the harm to other material interests. Enabling development must always be in proportion to the public benefit it offers”.

The proposed solar farm would fail to preserve the setting of the listed farmhouse and therefore the Local Planning Authority would be well within its rights to refuse planning permission for this reason, having regard to the strict definition and desirability of preservation enshrined in Section 66 of Act. However the solar farm development also

offers an income stream for the owner of the listed building that could be used to restore the farmhouse and its curtilage buildings. It can, therefore, be viewed as a form of enabling development with the finance being used to fund the restoration. Given that the solar farm can be removed in 30 years time then there is the potential for the listed building to have been ‘preserved’ in a positive way, provided that an agreed schedule of works has been implemented in the early stages of the 30 year project and any on-going maintenance and repairs to the listed building are carried out for the duration of the life of the planning permission. There is already an extant listed building consent in place to facilitate much of this work. Your officers consider that this offers a wider yet proportional public benefit in safeguarding and improving the historic asset for future generations to enjoy. The developer and landowner have both indicated that they are in agreement in principle to the Local Planning Authority’s suggested terms of reference for a S106 to secure the restoration of the listed building using finance generated by the solar farm development and the Forward Planning and Conservation Officers have both indicated their support to this idea to mitigate against the harm that they have identified in their professional assessments.

The Local Planning Authority has requested that the S106 be signed by the solar farm company and the landowner; that the developer pays an upfront sum of money to cover the cost of the restoration works and any professional fees prior to commencement of the solar farm; that the restoration work comprises those works already subject of the extant listed building consent together with any additional desirable work identified and approved subject to the landowner being obligated to secure any necessary consents beforehand. The Local Planning Authority has requested that: monies are held by the Council as a bond and released in stages on completion of staged and agreed work as certified by an appropriate and independently competent person with the landowner required to complete the restoration scheme within a certain timescale; that the Council has step in rights to enter and complete any unfinished restorations works in default with a bond to cover such works and any associated administration/professional advice etc. Also for the Council to receive a monitoring and/or project management fee and to retain a percentage amount to cover unforeseen circumstances and maintenance with any balance (excluding the retainer and a contingency for inspection and any necessary repairs for the upkeep of the listed building towards the end of the 30 year permission life span) returned to the landowner at an agreed date following completion of the restoration works.

In 2010 the Community Infrastructure Levy Regulations (2010) came intoeffect. Reg 122 of these regulations sets out limitations on the use of planning obligations. It sets out three tests that planning obligations need to meet. It states that planning obligations may only constitute a reason for granting planning permission if the obligation is:

a) Necessary to make the development acceptable in planning terms (the Section 106 Agreement, as set out above, is necessary as without it the development would have an unacceptable impact on the setting of the listed building);

b) Directly related to the development (the Section 106 Agreement is related to the impact of the development on the setting of the listed building and is required to offset the direct impact of the development on the setting of the listed building); and

c) Fairly and reasonably related in scale and kind to the development (the obligation as set out in the Section 106 Agreement, both in terms of scale and kind of obligation being required, is fair and reasonable to ensure that the development’s impact is adequately off set.)

Planning Balance & Overall Conclusion

The proposed development’s potential significant effects on the environment as set out in the submitted Environmental Statement has been taken into consideration in the assessment of this application. The ES submitted with the application adequately assessed the potential impacts of the development and appropriate mitigation can be provided to address the potential impacts.

It is considered that the proposed development will have a dramatic ‘urbanising’ effect on the character and appearance of this agricultural landscape but that, subject to the mitigation set out in the application and accompanying ES, this impact is considered to be acceptable on balance when weighted against the wider public benefits associated with a development of this nature, particularly in terms of national targets for reduced carbon emissions and tackling climate change and local biodiversity gain. Furthermore the harm to highway safety and residential amenity is mainly at construction stage which is only anticipated to last for approximately 12 weeks therefore this short-term adverse impact is not considered to be sufficient to outweigh the public benefits afforded by the development.

Conversely the impact on the setting of the Grade II Cwrt Henllys farmstead is considered to be so great that these wider public benefits are not sufficient to outweigh the harm caused by the development. However, in terms of mitigation, there is a direct and functional link between the development and LPA approved restoration works to the listed building in that the landowner of the listed building also owns the land on which the solar farm is to be built. Given the critical harm to the setting of the Grade II listed building then without the restoration of the building, national and local planning policy for safeguarding heritage assets dictate that planning permission should not be granted for the solar farm.

In this respect, given the developer’s offer to enter into a S106 agreement with the Local Planning Authority to finance the listed building restoration and, together with the decommissioning of the solar farm at the end of its 30 year life expectancy, it is concluded that the benefits to be offered in the longer term outweigh the harm that will result to the setting of the listed building during the construction and operational phases of the development. The anticipated rental income to the landowner from the solar farm development is considered to be sufficient to cover the projected cost of restoration works to the listed building within the first 5-7 years of the development life span. Whilst there will be harm to the setting of the listed building in the short term, financing via the solar farm development affords the opportunity to restore the listed building to a high standard which, together with planned decommissioning of the development in 30 years’ time, will result in a positive preservation of the asset for future generations.

RECOMMENDATION

That the Council resolves: i) that it is satisfied that the Environmental Statement meets the

requirement of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (as amended);

ii) that it has taken the Environmental Information into account in reaching its decision;

iii) that the approval set out below is granted by the Council for the reasons set out in the Officers’ report;

iv) that the main measures to avoid, reduce and if possible offset the major adverse effects of the development are those in the conditions set out below and those intended to be included within the agreement under Section 106 to be concluded before permission is granted;

v) that the planning obligations under the Section 106 agreement satisfy the requirements of Regulation 122 of The Community Infrastructure Levy Regulations 2010;

vi) that the application be approved subject to:a) the completion of an Agreement under Section 106 of the

Town and Country Planning Act 1990 concerning matters referred to in the above report and such other terms and matters as the Head of Development Management sees fit; and

b) the conditions set out below and such other conditions as the Head of Development Management considers necessary;

vii) that the Head of Development Management be given delegated authority to make amendments to the conditions listed below before approval is given.

IT IS RECOMMENDED: Approve with conditions & S106 agreement

1. Permission is granted subject to the provisions of Section 91(1) of the Town and Country Planning Act 1990, namely that the development to which the permission relates must be begun not later than the expiration of 5 years beginning with the date on which the permission is granted.

REASON: To comply with the requirements of Section 91, Town and Country Planning Act 1990.

2. The permission hereby granted shall expire 30 years from the date when electrical power is first exported (first export date) from the solar farm to the electricity grid network. Written confirmation of the first export date shall be provided to the Local Planning Authority no later than one calendar month after the event.

REASON: The development has been considered on the basis of the information

provided in the application and to ensure the land is restored within an appropriate timescale.

3. Within 6 months of the cessation of energy generation from the site, or a period of 30 years and 6 months following from the date when electrical power is first exported, whichever is the sooner, written confirmation of cessation shall be provided to the Local Planning Authority and all infrastructure associated with the solar farm will be removed from the site and the site restored to its original condition in accordance with the 'Construction, Decommissioning and Traffic Management Method Statement' dated July 2015 and received by the Local Planning Authority on 22 July 2015.

REASON:The development has been considered on the basis of the information provided in the application and to ensure the land is restored within an appropriate timescale.

4. The development shall be undertaken in accordance with the details shown on the following plans:

[all non-superseded plans and documents will be listed here]

REASON: For the avoidance of doubt and to ensure compliance with the approved plans.

5. If any of the individual photovoltaic panel(s) cease to export electricity to the grid for a continuous period of 12 months then a scheme shall be submitted to the Local Planning Authority for its written approval within 3 months from the end of this 12 month period for the removal of the photovoltaic panel(s) and associated equipment and the restoration of (that part of) the site to agricultural use. The approved scheme of restoration shall then be fully implemented within 6 months of such written approval being given.

REASON: To ensure that any faulty or redundant photovoltaic panels are removed in a timely manner to prevent degradation of the environment and risk of pollution.

6. The developer shall ensure that a suitably qualified archaeologist is present duringthe undertaking of any ground disturbing works in the development area, so that anarchaeological watching brief can be conducted. The archaeological watching briefshall be undertaken to the standards of the Chartered Institute for Archaeologists.The Local Planning Authority shall be informed, in writing, at least two weeks priorto the commencement of the development of the name of the said archaeologist andno work shall begin until the Local Planning Authority has confirmed, in writing,that the proposed archaeologist is suitable. A copy of the watching brief report shallbe submitted to the Local Planning Authority within two months of the fieldworkbeing completed by the archaeologist.

REASON: To identify and record any features of archaeological interest discoveredduring the works, in order to mitigate the impact of the works on the archaeologicalresource.

7. The photovoltaic panels and mounting frames shall not exceed 2.5 metres above

ground level and the perimeter/security fencing shall not exceed 2 metres above ground level and the cctv poles shall not exceed 2.5 metres above ground level.

REASON: In the interests of visual amenity and the character and appearance of thr rural area.

8. The development shall be carried out strictly in accordance with the mitigation described in the Environmental Statement that accompanies the planning application.

REASON: To ensure the likely significant effects of the development on the environment are properly mitigated for.

9. Within three months of the date of this permission or prior to the first export date, whichever is the sooner, full details of a sustainable urban drainage (SuDS) scheme for the disposal of surface water following installation of the solar arrays shall be submitted to and agreed in writing by the Local Planning Authority. The submitted scheme shall accord with the details described in Section 8 of the Environmental Statement that accompanies the planning application and shall maintain a greenfield run-off rate of 12 L/s or less. The development shall thereafter only be carried out in accordance with the approved details.

REASON: To ensure satisfactory drainage and prevent any increased risk of flooding.

10.No POC service lines to connect the development and application site to the national grid shall be erected or placed above ground level without the prior express planning permission of the Local Planning Authority..

REASON:In the interests of visual amenity and the character and appearance of the rural area.

11.The development hereby approved shall be carried out in accordance with the Construction Environmental Management Plan dated October 2015 that was submitted on 23 October 2015.

REASON: To ensure the likely significant effects of the development on the environment are properly mitigated for.

12.Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) Order 1995 (as amended), or any Order revoking or re-enacting that Order with or without modification, no photovoltaic panels, cctv poles, lighting, fences, walls or other means of enclosure, or ancillary buildings/structures (other than those expressly authorised by this permission) shall be erected within the boundaries of the site.

REASON: To enable the Local PLanning Authority to retain strict control over the site in the interests of visual amenity and the character and appearance of the rural area.

13.There shall be no external lighting installed during the operational phase of the site as a solar photovoltaic facility unless it is installed in accordance with a scheme that

has first been expressly approved in writing by the Local Planning Authority on receipt of a formal application.

REASON: In the interests of visual amenity, the rural character of this area and the likely presence of foraging bats.

14.The development hereby approved shall be carried out strictly in accordance with the Construction, Decommissioning and Traffic Management Statement dated July 2015 that was submitted on 22 July 2015 together with the additional information submitted in the developer's email to the highways officer dated 8 October 2015 (marshalls to be provided and delivery numbers to be restricted per day).

REASON: In the interests of highway safety and the residential amenity of occupiers living near the site.

15.The ecological mitigation and enhancement plan described in Section 10 of the Environmental Statement that accompanies the application shall be fully implemented on site in accordance with the approved details.

REASON:To ensure the likely significant effects of the development on nature conservation interests are properly mitigated for and because this biodiversity gain has been heavily weighted in the consideration of the application.

16. In respect of any condition that requires the written approval of the Local Planning Authority, the works thereby approved shall be carried out in accordance with that approval unless subsequently otherwise approved, in writing, by the Local Planning Authority.

REASON: To ensure the development is carried out in accordance with the approved details.

17.Where any species listed under Schedules 2 or 4 of The Conservation (Natural Habitats etc) Regulations 1994 is present on the site (or other identified part) in respect of which this permission is hereby granted, no works of site clearance, demolition or construction shall take place in pursuance of this permission unless a licence to disturb any such species has been granted in accordance with the aforementioned Regulations and a copy thereof has been submitted to the Local Planning Authority.

REASON: To ensure that animal and plant species which come within the terms of the Regulations are effectively protected and to comply with National Assembly planning guidance.

18.All planting and grass seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the first connection to the grid or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species,

unless the Local Planning Authority gives written consent to any variation.

REASON: To safeguard landscape and amenity interests.

19.No construction or deliveries associated with the development hereby approved shall take place on the site on any Sunday or Bank Holiday or on any day except between the following hours:

Monday to Friday: 9am-3pm and 4pm-6pm Saturday: 8am-1pm.

Unless such work:a) is associated with an emergency (relating to health and safety or environmental issues); orb) is carried out with the prior written approval of the Local Planning Authority.

20.Notwithstanding the assessment of effects given in paragraph 10.7.2 (Reptiles) of the Environmental Statement that accompanies the application, no site clearance works shall be undertaken until a reptile method statement has been first submitted to and approved in writing by the Local Planning Authority. Development shall thereafter only proceed in accordance with the approved method statement.

REASON: To minimise the risk to reptiles which are a protected species under the Wildlife and Countryside Act 1981 (as amended).

21.Within 6 months of the first export date a scheme for the erection of educational interpretation panels (number, siting and content of) shall be submitted to and approved in wriiting by the Local Planning Authority and installed on site in accordance with the approved details.

REASON: To maximise the educational resource of the development, increase the opportunties for the enjoyment of the public rights of way in this area and not unduly impact on the landscape.

22.Prior to the commencement of the development a road condition survey shall be carried out and the results submitted to and approved in writing by the Local Planning Authority. Within 1 month of the construction period ceasing a second road condition survey shall be carried out and the results submitted to and approved in writing by the Local Planning Authority. Thereafter any damage to the local highway highlighted by the results of the two surveys shall be rectified by the applicant in agreement with the Local Planning Authority within one year of the development being constructed. This survey and repair process shall be repeated prior to the decommissioning phase of the development.

REASON: To safeguard highway interests and the residential amenity of occupiers living near to the site.

Note(s) to Applicant

1. The site is within the catchment of Pant-yr-Eos reservoir. As the potential impacts are on the catchment and the raw water quality the developer should follow all regulations and good practice to reduce the risk of impacts to water quality. The developer should contact DCWW via catchment@dwrcymru.com if there is any unusual event that increases these risks.

2. The developers are to ensure that any existing public services which pass through the site are not interfered with or damaged and any diversions or alterations to such services must be carried out in agreement with the responsible Authorities before such work commences.

3. Public Rights of Way No.23 in the Henllys Community, which crosses the site must be kept open and free from obstruction for use by the public at all times or alternatively a legal diversion order must be obtained and implemented before any development commences.

4. The archaeological work required by condition 6 of this permission should be undertaken to the Standard of, and follow theGuidance of, the Chartered Institute for Archaeologists and be undertaken either by aRegistered Organisation or a MCIfA level Member with CIfA(www.archaeologists.net/codes/ifa and www.archaeologists.net/ro).

5. The developer is advised not to undertake any works to existing trees and/or existing hedgerows within the bird breeding season (which runs from March to August).

6. This notice does not give authority to destroy or damage a bat roost or disturb a bat. All 16 British bat species are protected under Regulation 39 of the Conservation (Natural Habitats &c) Regulations 1994 (as amended), and the Wildlife and Countryside Act 1981 (as amended). It is a criminal offence to damage or destroy any bat roost, whether occupied or not, or disturb or harm a bat. If you suspect that bats might roost in the tree(s) for which work is planned you should take further advice from Natural Resources Wales, or an ecological consultant, before you start. If bats are discovered during the work you must stop immediately and contact Natural Resources Wales for advice before continuing.

7. Torfaen Local Development Plan covers Torfaen County Borough. The following policies are relevant to the consideration of this application: BW1, S1, S2, S3, S7, C2, C3 & BG1.

8. This planning permission is pursuant to a planning obligation under Section 106 of the Town and Country Planning Act 1990.

Appendices None

Background Papers

Note: Members of the public are entitled, under the Local Government Act 1972, to inspect background papers to reports. The following is a list of the background papers used in the production of this report.

None

For a copy of the background papers or for further information about this report, please telephone: Richard Lewis, Head of Development Management (Tel. 01633 647628)