newport city council local impact report · st brides, wentlooge, newport . page 2 of 26 1.0...

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NEWPORT CITY COUNCIL LOCAL IMPACT REPORT PINS Reference Number DNS/3216558 – Wentlooge renewable energy hub

Applicant Wentlooge Farmers’ Solar Scheme Limited

Applicants’ Agent Savills

LPA Reference Number 20/0407

Application Type Development of National Significance

Proposed Development Erection of a Renewable Energy Hub comprising ground

mounted solar panels, battery storage units (160 units)

with a combined installed generating capacity of up to

125MW, underground cabling, grid connection hub,

associated infrastructure, landscaping and

environmental enhancements for a temporary period of

40 years.

Application Site Land North Of Greeacre Farm, Coast Road

St Brides, Wentlooge, Newport

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1.0 Preamble

1.1 This Local Impact Report (LIR) has been prepared to meet the requirements of

Section 62K of the 1990 Act, and Regulation 25 of the Developments of National

Significance (Procedure) (Wales) Order 2016.

1.2 Limitations: This LIR is reliant upon information available within the submitted

documents and prior knowledge of the site. Limited internal consultation has been

undertaken within the Council but no specialist or technical consultee outside of the

Council has been consulted. Further limitations are placed by the prescribed

timescales for response. This LIR takes note of the relevant procedural guidance

contained at Appendix 5 of the Welsh Government’s ‘Guidance on Developments of

National Significance’.

1.3 We understand the LIR is a factual document that should not weigh evidence or

make recommendations but should state whether impacts are anticipated to be

positive, negative or neutral. As such this LIR will not qualify impacts beyond those

words since to do so would be to apply weighting which is expressly excluded in the

relevant advice.

1.4 This LIR considers the solar hub and battery storage as a single development.

2.0 RELEVANT SITE HISTORY

Ref. no. Description Decision & date

PN/18/0213 SCOPING OPINION FOR PROPOSED SOLAR FARM

AND WIND TURBINE DEVELOPMENT (49.9MW)

ACCOMPANIED BY BATTERY STORAGE UNITS,

SUBSTATION BUILDINGS AND ASSOCIATED PLANT

Scoped

10/12/2019

3.0 LOCAL PLANNING POLICY

3.1 Adopted Local Development Plan 2011-2026

Policy Wording

SP1 – Sustainability Proposals will be required to make a positive contribution to

sustainable development by concentrating development in

sustainable locations on brownfield land within the settlement

boundary. They will be assessed as to their potential contribution

to:

i) the efficient use of land;

ii) the reuse of previously developed land and empty properties in

preference to greenfield sites;

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iii) transportation systems, as well as encouraging the co-location

of housing and other uses, including employment, which together

will minimise the overall providing integrated need to travel, reduce

car usage and encourage a modal shift to more sustainable modes

of transport;

iv) reducing energy consumption, increasing energy efficiency and

the use of low and zero carbon energy sources;

v) the minimisation, re-use and recycling of waste;

vi) minimising the risk of and from flood risk, sea level rise and the

impact of climate change;

vii) improving facilities, services and overall social and

environmental equality of existing and future communities;

viii) encouraging economic diversification and in particular

improving the vitality and viability of the city centre and district

centres;

ix) conserving, enhancing and linking green infrastructure,

protecting and enhancing the built and natural environment;

x) conserving and ensuring the efficient use of resources such as

water and minerals.

SP3 – Flood Risk Newport’s coastal and riverside location necessitates that

development be directed away from areas where flood risk is

identified as a constraint and ensure that the risk of flooding is not

increased elsewhere. Development will only be permitted in flood

risk areas in accordance with national guidance. Where

appropriate a detailed technical assessment will be required to

ensure that the development is designed to cope with the threat

and consequences of flooding over its lifetime. Sustainable

solutions to manage flood risk should be prioritised.

SP4 – Water

Resources

Development proposals should minimise water consumption,

protect water quality during and after construction and result in no

net increase in surface water run-off through the sustainable

management of water resources by:

i) the use of sustainable drainage systems;

ii) the reuse of water and reduction of surface water run-off through

high quality designed developments;

iii) careful consideration of the impact upon finite water resources,

particularly in terms of increased pressures on abstraction and the

impact of climate change;

iv) ensuring development is appropriately located and phased so

that there is capacity in the waste water, sewerage and water

supply as well as the protection of water quality.

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SP5 – Countryside Development in the countryside (that is, that area of land lying

beyond the settlement boundaries shown on the proposal and

inset maps) will only be permitted where the use is appropriate in

the countryside, respects the landscape character and biodiversity

of the immediate and surrounding area and is appropriate in scale

and design. Housing development, rural diversification and rural

enterprise uses, beyond settlement boundaries, will only be

appropriate where they comply with national planning policy.

SP7 – Green Wedges Green Wedges have been identified in order to prevent

coalescence between the following settlements:

i) Newport and Cardiff;

ii) Rogerstone and Risca;

iii) Bettws, Malpas and Cwmbran;

iv) Caerleon and Cwmbran.

Within these areas development which prejudices the open nature

of the land will not be permitted. An increase in size of a dwelling

of more than 30% of the volume of the original size of the dwelling,

or as existed in 1948, will not be approved.

SP8 – Special

Landscape Areas

Special Landscape Areas are designated as follows within which

proposals will be required to contribute positively to the area

through high quality design, materials and management schemes

that demonstrate a clear appreciation of the area’s special

features:

i) North of Bettws

ii) West of Rhiwderin

iii) Wentlooge Levels

iv) River Usk

v) Caldicot Levels

vi) Wentwood

SP9 – Conservation

of the Natural, Historic

and Built Environment

The conservation, enhancement and management of recognised

sites within the natural, historic and built environment will be

sought in all proposals.

GP1 – Climate

Change

Development proposals should:

i) be designed to withstand the predicted changes in the local

climate and to reduce the risk of flooding on site and elsewhere by

demonstrating where appropriate that the risks and consequences

of flooding can be acceptably managed, including avoiding the use

of non-permeable hard surfaces;

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ii) be designed to minimise energy requirements and incorporate

appropriate renewable, low or zero carbon energy sources,

including on site energy provision where practicable;

iii) be designed to reuse or recycle existing construction materials

present on the site;

iv) meet the relevant breeam or code for sustainable homes level.

GP2 – General

Amenity

Development will be permitted where, as applicable:

i) there will not be a significant adverse effect on local amenity,

including in terms of noise, disturbance, privacy, overbearing, light,

odours and air quality;

ii) the proposed use and form of development will not be

detrimental to the visual amenities of nearby occupiers or the

character or appearance of the surrounding area;

iii) the proposal seeks to design out the opportunity for crime and

anti-social behaviour;

iv) the proposal promotes inclusive design both for the built

development and access within and around the development;

v) adequate amenity for future occupiers.

GP3 – Service

Infrastructure


i) necessary and appropriate service infrastructure either exists or

can be provided;

ii) in areas served by the public foul sewer, there is capacity for the

development within the system or, if not, satisfactory

improvements are provided by the developer;

In areas served by the public foul sewer, development will not be

permitted with connections to private facilities unless there are

exceptional circumstances that prevent connection to the public

sewer.

GP4 – Highways and

Accessibility

Development proposals should:

i) provide appropriate access for pedestrians, cyclists and public

transport in accordance with national guidance;

ii) be accessible by a choice of means of transport;

iii) be designed to avoid or reduce transport severance, noise and

air pollution;

iv) make adequate provision for car parking and cycle storage;

v) provide suitable and safe access arrangements;

vi) design and build new roads within private development in

accordance with the highway authority’s design guide and relevant

national guidance;

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vii) ensure that development would not be detrimental to highway

or pedestrian safety or result in traffic generation exceeding the

capacity of the highway network.

GP5 – Natural

Environment


i) the proposals are designed and managed to protect and

encourage biodiversity and ecological connectivity, including

through the incorporation of new features on or off site to further

the uk, welsh and/or newport biodiversity action plans;

ii) the proposals demonstrate how they avoid, or mitigate and

compensate negative impacts to biodiversity, ensuring that there

are no significant adverse effects on areas of nature conservation

interest including international, european, national, welsh section

4232 and local protected habitats and species, and protecting

features of importance for ecology;

iii) the proposal will not result in an unacceptable impact on water

quality;

iv) the proposal should not result in the loss or reduction in quality

of high quality agricultural land (grades 1, 2 and 3a);

v) there would be no unacceptable impact on landscape quality;

vi) the proposal includes an appropriate landscape scheme, which

enhances the site and the wider context including green

infrastructure and biodiversity networks;

vii) the proposal includes appropriate tree planting or retention

where appropriate and does not result in the unacceptable loss of

or harm to trees, woodland or hedgerows that have wildlife or

amenity value.

GP6 – Quality of

Design

Good quality design will be sought in all forms of development. The

aim is to create a safe, accessible, attractive and convenient

environment. In considering development proposals the following

fundamental design principles should be addressed:

i) context of the site: all development should be sensitive to the

unique qualities of the site and respond positively to the character

of the area;

ii) access, permeability and layout: all development should

maintain a high level of pedestrian access,

Connectivity and laid out so as to minimise noise pollution;

iii) preservation and enhancement: where possible development

should reflect the character of the locality but avoid the

inappropriate replication of neighbouring architectural styles. The

designer is encouraged to display creativity and innovation in

design;

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iv) scale and form of development: new development should

appropriately reflect the scale of adjacent townscape. Care should

be taken to avoid over-scaled development;

v) materials and detailing: high quality, durable and preferably

renewable materials should be used to complement the site

context. Detailing should be incorporated as an integral part of the

design at an early stage;

vi) sustainability: new development should be inherently robust,

energy and water efficient, flood resilient and adaptable, thereby

facilitating the flexible re-use of the building. Where existing

buildings are present, imaginative and sensitive solutions should

be sought to achieve the re-use of the buildings.

GP7 – Environmental

Protection and Public

Health

Development will not be permitted which would cause or result in

unacceptable harm to health because of land contamination, dust,

instability or subsidence, air, heat, noise or light pollution, flooding,

water pollution, or any other identified risk to environment, local

amenity or public health and safety.

CE4 – Historic

Landscapes, Parks,

Gardens and

Battlefields

Sites included in the register of landscapes, parks and gardens of

special historic interest and identified historic battlefields should be

protected, conserved, enhanced and where appropriate, restored.

Attention will also be given to their setting.

CE6 – Archaeology Development proposals will normally be required to undertake an

archaeological impact assessment before the proposal is

determined:

i) where groundworks and/or the installation of services are

proposed within the archaeologically sensitive areas of caerleon,

the levels, lower machen and the city centre , or;

ii) within other areas of recognised archaeological interest.

CE9 – Coastal Zone Development will not be permitted in the coastal area or adjoining

the tidal river unless:

i) in the undeveloped coastal area such development is required

to be on the coast to meet an exceptional need which cannot

reasonably be accommodated elsewhere;

ii) the area is not itself at risk nor will the proposed development

exacerbate risks from erosion, flooding or land instability

Development which requires a coastal location should be sited

within the developed coastal zone.

CE10 – Renewable

Energy

Renewable energy schemes will be considered favourably, subject

to there being no over-riding environmental and amenity

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considerations. Small scale micro-generation will be encouraged

within the settlement boundary. Large scale proposals may be

more appropriately located outside of the defined settlement

boundary if no appropriate brownfield sites exist. The cumulative

impacts of renewable energy schemes will be an important

consideration.

T2 Heavy -

Commercial Vehicle

Movements

Developments which generate heavy commercial vehicle

movements will be favoured in those locations which allow access

to a railway line, wharf or dock. Where it can be demonstrated that

this is not appropriate, locations readily accessible to strategic and

principal routes will be favoured. Elsewhere, such development will

not be permitted.

T3 – Road Hierarchy In order to facilitate the effective and safe use of the highway

network a hierarchy of roads will be established. This road

hierarchy will be used to determine the principle of access for new

developments, it comprises the following:

i) strategic routes – these consist of the M4 motorway, trunk roads

and the A4051 from the M4 to the Woodlands roundabout, Malpas.

These roads carry a substantial element of traffic to and around

the city to major centres of population and commerce elsewhere.

To facilitate the free movement of through traffic, strategic routes

should have a limited number of junctions with parking limited to

designated laybys or service areas. Only in exceptional

circumstances and having regard to the strategic importance of a

development will new direct access be permitted.

ii) principal routes – these consist of all principal routes which link

the major population and employment areas in the sub-region to

each other and to the strategic routes. As a general principle, the

provision for on-street parking, new frontage access and turning

movements will be restricted in the interests of road safety and the

efficient movement of traffic.

iii) local roads – these provide for the main movements within

urban and rural areas, as well as giving access to the strategic and

principal road network. Where appropriate, and especially in order

to facilitate public transport, parking and turning movements may

be restricted and the number of frontage accesses limited in the

interests of road safety and the efficient movement of traffic.

iv) access routes – these provide access to residential areas,

industrial areas, the city centre and small rural communities and

businesses. If necessary, and for reasons of safety and amenity,

traffic movements and speed will be restricted. Walking, cycling

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and bus routes will be incorporated into layouts where appropriate.

These roads will often give greater priority to pedestrians and

cyclists.

T4 – Parking Development will be required to provide appropriate levels of

parking, within defined parking zones, in accordance with adopted

parking standards.

T7 – Public Rights of

Way and New

Development

Any public footpath, bridleway or cycleway affected by

development proposals will require retention or the provision of a

suitable alternative. Provision of additional routes, where

appropriate, will be sought in new developments, with linkages to

the existing network.

T8 – All Wales Coast

Path

Development proposals should protect and enhance the all wales

coast path. The provision of additional routes to link to the coast

path will be encouraged.

3.2 Supplementary Planning Guidance

• Wildlife and Development SPG (Aug 2015)

• Archaeology and Archaeologically Sensitive Areas SPG (Aug 2015)

• Trees, Woodland, Hedgerows and Development Sites SPG (Jan 2017)

• Air Quality SPG (Feb 2018)

• Parking Standards (August 2015)

• Draft Sustainable Travel SPG (October 2019)

4.0 ASSESSMENT OF LIKELY IMPACT OF THE PROPOSAL

4.1 The applicant confirms the proposal is for a solar farm of 125 MW covering an area of

155 hectares.

The Location of the Development

4.2 The site is part of a complex landscape of historic, archaeological, ecological and

recreational value. It has significant designations as follows:

• Sites of Special Scientific Interest (St Brides) – extensive areas of reclaimed wet, rich

flora and fauna;

• Adjacent to other statutory designations with significant bird interest, namely the River

Severn Estuary (SSSI, SAC / SPA & Ramsar Site)

• Archaeological Sensitive Area;

• Landscape of Outstanding Historic Interest;

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• Special Landscape Area;

• Important Recreational Route (All Wales Coastal Path)

• Countryside and Green Wedge

• Undeveloped Coatal Zone

• The site is within Flood Risk Zone C1;

• The records show the site to be located within Agricultural Land Classification 4.

4.3 The key Issues relating to the development as proposed are considered to be:

• Landscape & Visual Impact (character & appearance);

• Impact on Bio-diversity issues – Gwent Levels SSSIs and bird assemblages in the

Marine SAC / Ramsar Site / SPA (River Severn);

• Impact on Historic Landscape;

• Impact on Archaeological Sensitive Area;

• Flooding;

• Undeveloped Coastal Zone;

• Highways Issues;

• Rural Character / Mitigation;

• Noise; and

• Glint and Glare

4.4 Landscape and Visual Impact

4.4.1 The key landscape documents submitted are:

• Landscape and Visual Impact Assessment (within the Environmental Statement)

• Landscape and Ecological Management Plan (LEMP) report and plan

There are some gaps in the LVIA: not all elements of the proposal are assessed;

local (within 100m) impacts are underplayed; and landscape mitigation is insufficient.

The LEMP is focussed on ecological enhancement. No site-based landscape

appraisal has been submitted and no detailed landscape mitigation plan.

LVIA comments

4.4.2 The operational phase is for a period of 40 years and across an area of 155ha within

a number of local and national landscape, heritage and biodiversity designations,

however there is no strategic capacity study for solar farm development within the

Wentlooge Levels to be able to assess the proposal against.

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4.4.3 The LVIA follows the industry standard and has a computer generated Zone of

Theoretical Visibility which has been ground tested through the use of eight

‘representative’ viewpoints.

4.4.4 All elements of the proposal should be incorporated into the LVIA. It is

understandable given the scale of the solar arrays, but there are a number of gaps.

The LVIA should also include a description and assessment of smaller elements

which may have a more local landscape impact:

• Proposed 16m high telecoms tower and CCTV poles; 2m high boundary fencing;

battery storage unit; Grid Yard

• The proposal to remove 1.5km of hedgerow along reens within the site (to meet

ecological objectives) is not assessed; the existing vegetation within the site helps to

visually break-up the expanse of the solar farm and is clearly shown in the

photomontage for viewpoint 1

• The LEMP includes 22.1ha of grassland for lapwing as compensatory habitat. No

information on this is included other than removal of hedges, scrub, trees will be

undertaken to create open habitat. This may be conditioned, but the impacts of

vegetation removal on landscape character and visual amenity should be assessed

within the LVIA.

• There is no assessment of existing poor views. New boundary planting would not only

soften views of the solar arrays, but could also have a positive benefit in softening

existing poor views outside the site, for example views from the B4239 to highly

reflective farming and industrial buildings.

4.4.5 There is no cross referencing to other related documents:

• The ASIDOHL identifies a severe impact for the landscape character area Maerdy

HLCA21 which includes the majority of the site.

• The Glint and Glare report identifies mitigation is required for five dwellings (ref 8.5)

but this is not in either the LVIA or LEMP

4.4.6 The LVIA plan reference L31 shows photomontages from all 8 of the selected

viewpoints.

• The greatest impact is evident at viewpoint 1. It is not clear whether this is intended to

be ‘representative’ of views adjacent to the site and a ground- level viewpoint from

Broadway or the B4239 may have been more representative as viewpoint 1 is elevated

in the otherwise flat landscape.

• There are no photos taken from within the site looking out to demonstrate the extent

of views.

• Viewpoint 1 photomontage shows the landscape character impact will be more than

minor-negligible (10.6.54 and 10.6.55) and visual effects more than minor for all user

groups including overlooking residents (10.6.102).

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• The impact of a minor change from the Wales Coast Path may also be underplayed

(10.6.39). Although the closest point to the site is 600m, photomontage 4 at 950m

distance appears to show more than a minor change may be experienced. The detail

on several photomontages is difficult to view. Showing the wireframe separately from

the rendered image may help better understand the impacts.

4.4.7 The operational phase landscape character and visual amenity impacts are generally

underplayed for the site and immediate setting. Examples include:

• 10.6.42 mentions the lack of boundary vegetation and the open views from Hawse

Lane, B4239 and Broadway, but concludes a minor-negligible adverse landscape

character impact.

• 10.6.45 states the impact of the character change for local residents will be minor

adverse.

• 10.6.49 identifies the magnitude of change is identified as small within 1km.

• 10.6.55 Landscape Effects during the 40 year operational phase are identified as

minor adverse to negligible

• 10.6.102 Visual Effects during the 40 year operational phase are identified as minor

adverse (moderate adverse for walkers and cyclists)

The photomontage from viewpoint 1 demonstrates there will be more than a minor

impact on neighbouring residential properties and from drivers using all boundary

roads, in particular Broadway and the B4239 which are frequently used.

4.4.8 Paragraph 10.7.1 – recognises that to meet local authority polices, landscape

enhancement measures are required, but none have been proposed.

• 10.5.1 states the grid yard and battery storage to be screened with additional

hedgerow

• 10.6.13 states new hedgerow to strengthen existing boundaries

• 10.6.100 identifies visual effects as Moderate Adverse within 100m but no mitigation

is proposed

• The mitigation section of the Environmental Statement (17.2) mentions the need for

new planting under Cultural Heritage and Landscape and Visual.

• Constraints on new planting have not been fully explored in the LVIA or shown on a

site analysis plan. In contradiction to sections highlighting the need for new planting,

other sections mention constraints to maintain the historic open character and to

conserve rush pasture habitat. As the existing baseline information for the site and

boundaries has not been fully assessed and there are no new planting proposals, it is

difficult to judge whether a balance has been struck between the need for new planting

and the constraints.

4.4.9 There is a lack of detail for the following elements which are urban elements that will

be introduced into a flat rural landscape:

• 16m high telecoms tower

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• battery storage unit, no dimensions or materials are confirmed, the colour is identified

in the LVIA as ‘green’ and elsewhere in the ES [17.2 Landscape and Visual summary

of mitigation measures] as green or brown. A colour assessment is recommended to

ensure the hue selected blends in with the natural colour palette of the Wentlooge

Levels.

• 5m high CCTV pole – materials, colour, locations are not clear.

4.4.10 There are insufficient landscape mitigation measures:

• The LVIA should include a detailed assessment of local visual impacts and the

potential for mitigation both within the site and at the site boundaries.

LEMP comments

4.4.11 The document contains no detail of landscape mitigation measures and landscape

objectives are missing from section 4. The mitigation is entirely ecological: hedge

removal to improve SSSI condition, bird and dormice boxes, habitat piles.

4.4.12 The mitigation proposals from a landscape viewpoint do not meet the Local

Development Plan policy GP5 General Development Principles – Natural Environment

vi: ‘the proposal includes an appropriate landscape scheme………’.

4.4.13 No management prescriptions for boundary reens are included. Both reed and hedge

management regimes should be specified with the objective of maintaining the limited

screen.

4.4.14 A site based analysis and landscape plan response is required and a long term

maintenance/management plan covering both new and existing hedge and reed

planting.

4.4.15 The Council considers that the Landscape & Visual impact of the proposal would be

negative. The Council also considers the impact on the Wentlooge Levels Special

Landscape Area to be negative. See SLA3: Wentlooge Levels; Special Landscape

Areas Background Paper (June 2013) and the submitted LVIA.

4.5 Ecological Impact

4.5.1 Insufficient information has been provided for the Welsh Government to consider the

‘Three Tests’ under the Conservation of Habitats and Species Regulations 2017 and

appropriately fulfil the wider duties under that same legislation and the Wildlife and

Countryside Act 1981 and Environment (Wales) Act 2016.

4.5.2 The surveys of the proposed development site have been comprehensive and

followed the requirements detailed in the NRW scoping opinion. However there have

been no surveys undertaken of the off-site lapwing mitigation area.

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Off-site Lapwing Mitigation Area

4.5.3 The Environmental Statement (ES) and Landscape and Ecological Management Plan

(LEMP) refer to a 22 ha area off-site that will be enhanced and managed for wintering

lapwing to compensate for on-site loss of habitat. Only a blue line boundary is

provided of this off-site compensation area, with other details promised in a Lapwing

Management Plan. No details of the current habitats or species present in the off-site

mitigation area have been provided, but Section 5.1.3 of the LEMP states that

grassland created for lapwing through the “removal of hedges, scrub and trees to

create an open habitat”. This is likely to result in the loss of priority habitat, potentially

including habitat supporting European protected species (dormice and bats).

Furthermore, the site may potentially already support lapwing, and cannot be

enhanced to provide space for the numbers displaced from the development site.

4.5.4 The Council considers that the absence of sufficient information would result in a

negative impact on the local overwintering lapwing population. As an interest feature

of the Severn Estuary Special Area of Conservation (SAC) and Ramsar site, further

information on mitigation for overwintering birds is needed to inform Habitat

Regulations Assessment required by Regulation 63 of the Conservation of Habitats

and Species Regulations 2017, in accordance with the EC Habitats Directive (Council

Directive 92/43/EDC) before the ‘Competent Authority’ under the Regulations can

grant permission for the project.

4.5.5 The proposed “enhancements” of the mitigation area would result in the loss of habitat

with potential to support European Protected Species. There is insufficient data to

consider the whether the proposals will be detrimental to the maintenance of the

population of European Protected Species at a favourable conservation status in their

natural range. The assessment can therefore not fulfil the “three tests” requirements,

under Regulation 55 of the Conservation of Habitats and Species Regulations 2017.

Development Site

4.5.6 The development site lies wholly within the Gwent Levels St Brides Site of Special

Scientific Interest (SSSI). The surveys have confirmed that the development site is of

national importance for wildlife as would be expected of a SSSI designated site.

Almost all the site is classified as Coastal and Flood Plain Grazing Marsh priority

habitat, which is defined by proximity to water, topography and management rather

than the underlying substrate or the vegetation. The habitat is not often botanically

diverse but is important for the range of bird and invertebrate species supported by

seasonally inundated pastures. On site, the habitat comprises a range of grassland

from marshy grassland to improved grassland, and the reen and ditch system which

varies in condition. The ES would benefit from providing a quantitative analysis of how

many of the reens and ditches of the Gwent Levels St Brides SSSI will be affected by

the proposal, and the extent of ditches that will be brought back in to favourable

condition by the mitigation.

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4.5.7 Invertebrate surveys confirm that the site supports nationally important assemblages

of species including nationally notable species such as the shrill carder-bee and

brown-banded carder-bee. In addition to this, surveys have confirmed the presence

of other protected and priority species such as dormouse and grass snake. Many bird

species were recorded with 30 species confirmed or probable breeding and

overwintering birds which are associated with the Severn Estuary, including 300+

lapwing.

4.5.8 A LEMP is provided which provides a summary of the existing ecological features,

recommendations to be included in a CEMP to protect features during construction,

and recommendations for future management. To avoid and mitigate impacts during

construction a Construction Environmental Management Plan (CEMP) is

recommended in the ES and LEMP, but has not been provided to date and therefore

will need to be secured with a condition.

4.5.9 The ES predicts that with mitigation the development will result in a neutral or positive

impact on most of the wildlife supported by the site, as a result of reduced fertilizer

input and more sensitive management practices. However, the LEMP is not robust

enough to secure enforceable actions that will result in protection of species and

enhancement of habitats, for the reasons summarised below:

• Habitat creation/enhancement

o How many ‘cattle watering features’ will be retained and created? How will they

be maintained as open features? Locations should be shown on a map.

o What species will be used to plant up gaps in hedgerows? Which hedgerows

will be enhanced? Specification of planting stock should be provided.

o The area of habitat created for shrill carder bee does not correspond between

the ES (2.6 ha) and the LEMP (3.2 ha).

o The LEMP states that one of the reen buffers will be managed for invertebrates

to link with the fields around the fishing ponds; this is not shown on the plan.

o It is unclear if the fields around the fishing ponds will be enhanced/managed for

invertebrates; it should be highlighted on the map.

o The detail of how species-rich grassland will be created is insufficient.

o See comments above on the creation of the off-site Lapwing mitigation area.

Habitat management

o The detail on how reen casting will be carried out should be included.

o The LEMP states that the “selected buffers” will be managed for shrill carder

bee; the minimum length of buffer that will be managed each year and their

location (on a rotational basis if required) should be provided.

o No details on how the fishing ponds and the surrounding fields will be managed

are included.

o It is recommended that rotational management of hedgerows is reduced to 2-3

years and the cutting time is restricted to winter months to retain the berry

resource throughout the autumn.

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o No details on the stocking density of the solar array fields has been provided

o No fertiliser is specified on the fields managed for shrill carder bee, but this

implies it can be used on fields housing the solar arrays.

4.5.10 The LEMP refers to a forthcoming Monitoring and Contingency plan. BS 42020

specifies that the LEMP should include details of monitoring and remedial areas.

Without this detail, it is not possible to assess whether appropriate mitigation and

contingency is feasible should there be negative impacts as a result of the

development. Additionally, section 7.2.2 of the LEMP refers to actions relating to wind

turbine blades with regards to bat fatalities, which are obviously not applicable here.

4.5.11 The species assemblage of Coastal and Flood Plain Grazing Marsh is likely to change

as a result of shading from the solar arrays. Whilst this does not affect the priority

habitat designation, it is likely to have consequences for the invertebrate species

supported by it. At present, due to the wording of the LEMP, it is only possible to

enforce habitat management suitable for invertebrates on the area of created habitat

on the west boundary of the site. Although managing “selected buffers” and the fields

around the fishing ponds is referred to (Sections 6.2.3 and 6.3.3 respectively), the

detail is insufficient to compare the area of post-development habitat available to

invertebrates, and also to ensure that suitable management practices are followed in

these areas. Given that 128 ha of Coastal and Flood Plain Grazing Marsh will be

modified a significant increase in the area of habitat managed for invertebrates should

be secured.

4.5.12 Planning Policy Wales requires that “development should not cause significant loss of

habitats or populations of species, locally or nationally and must provide a net benefit

for biodiversity”. The information provided to date does not provide certainty that

suitable management can be enforced to guarantee that the development does not

result in a loss for biodiversity. Furthermore, management in compensation for habitat

loss does not equate to an overall enhancement, and the opportunity to create new

habitats by making the fishing pond suitable for wildlife should be considered.

4.6 Historic Landscape

4.6.1 The site lies entirely within the Gwent Levels Historic Landscape. The site partially

covers two character areas within the wider Gwent Levels HLW: Western St Brides

and Maerdy. An assessment using the Assessment of the Impact of Development on

Historic Landscapes 2 methodology has been undertaken. Whilst comments from

the Glamorgan Gwent Archaeological Trust and CADW will be critical the Council

notes that the ASIDOHL 2 carried out by the Archaeology Collective concludes that

the overall significance of impact on the Western St Brides HLCA is moderate and

on the Maerdy HLCA is severe.

4.6.2 The Council concludes that the impact would be negative.

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4.7 Archaeological Impact

4.7.1 The site lies within an Archaeological Sensitive Area. Impacts on the archaeological

resource could be permanent and irreversible depending on the extent of ground

intrusion. It is noted that the ES concludes that there is a moderate to major adverse

significance of effect if archaeological remains are found; and there is a moderate to

high potential for this to happen during the construction phase. It is also noted that

the ES states that a programme of archaeological works can be conditioned,

comprising an archaeological watching brief with contingencies. The Council notes

that there is ongoing work with GGAT to agree the programme of works. Without agree

mitigation there would be a negative impact.

4.8 Flooding

4.8.1 The site lies within a defended floodplain (C1) as identified in the Welsh Government’s

Development Advice Maps. It will be necessary to show that the effects of tidal flooding

can be acceptably managed on the site.

4.8.2 Technical Advice Note 15 requires that location of the development within the flood

plain is justified. The test at Paragraph 6.2 of the TAN reads as follows:

i. Its location in zone C is necessary to assist, or be part of, a local authority

regeneration initiative or a local authority strategy required to sustain an existing

settlement; or,

ii Its location in zone C is necessary to contribute to key employment objectives

supported by the local authority, and other key partners, to sustain an existing

settlement or region;

and,

iii It concurs with the aims of PPW and meets the definition of previously developed

land (PPW fig 2.1); and,

iv The potential consequences of a flooding event for the particular type of

development have been considered, and in terms of the criteria contained in sections

5 and 7 and appendix 1 found to be acceptable.

4.8.3 The test requires that the scheme is necessary in the proposed location which

suggests that no other site was suitable or available. Notwithstanding the negative

ecological, landscape and historic impacts idenitifed above, which need to be weighed

in the balance, the Council notes that the submission includes a Site Selection

Sequential Test, which concludes that there are no suitable, viable or available

alternative sites in the search area that are capable of accommodating the proposed

development.

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4.8.4 The site is not Previously Developed Land for the purposes of PPW and on its face

the proposal cannot be justified in the chosen location.

4.8.5 The Council notes that the applicant has submitted a Flood Consequences

Assessment and we defer to Natural Resources Wales for their advice on that

matter. Notwithstanding this, if the proposal is unjustified development within a flood

plain then the impact would be negative. If the development can be justified and the

submitted flood Consequences Assessment shows a flood event is manageable,

consideration should be given to the impact of power loss from the grid. Subject to

justification the impact of the scheme in flooding terms is likely to be negative due to

the replacement of a less vulnerable use with a more vulnerable use.

4.9 Coast

4.9.1 The site is located within the undeveloped coastal zone and this designation requires

that only development which is required to be on the coast to meet an exceptional

need which cannot be met elsewhere. If the site is in a flood risk area, this must not

exacerbate erosion, land instability or flood risk. An exceptional need should be

demonstrated to satisfy NLDP policy CE9 (Coastal Zone).

4.9.2 The Welsh National Marine Plan will need to be satisfied. It is noted that this plan is

not mentioned in the planning statement. It is considered that it should be considered

if only to screen it out.

4.10 Access and Highways

4.10.1 The development would have its biggest impact during the construction and de-

commissioning phases. The impacts are considered to be negative without mitigation

under conditions.

4.10.2 The chosen route set out for all construction traffic, except abnormal loads, is from the

A48, onto the A4232 to Lamby Way, Wentloog Avenue (B4239) then finally onto

Broadway. The construction traffic will need to be controlled so as to avoid any peak

hour flows. The maximum number of HGV movement is typically 23 per day, this will

be on weeks 8 and 9 only of the 12-week construction phase.

4.10.3 For the occasional abnormal load, the route will be from junction 28 of the M4, along

the A48 to Castleton, turning onto Marshfield Road. Using this route reduces the time

an abnormal load is on the highway network. An abnormal load travelling through the

Castleton area should do so when the school (Marshfield Primary) is closed. It is noted

that there is not expected to be many, if any abnormal load movements.

Existing Highways

4.10.4 A road condition survey will need to be carried out jointly by the applicant and the

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Council. This will identify any locations where the highway may be substandard, so it

can be monitored and/or repaired as necessary. This can be set out within a

planning condition.

Access onto the Development Site

4.10.5 Within the construction phase the main access will be off Broadway. Drawing 194740-

A0-01 sets out tracking diagrams for a maximum legal length HGV. The tracking

shows that the vehicle uses all the available road and access space. There is no

leeway for error and this could lead to verge damage. This access point may be subject

to improvement works, with part of this works carried out within the highway. Long

term, other entry points are expected to be required for maintenance purposes.

Parking

4.10.6 Sufficient parking space should be allowed for onsite with strict instruction that no on-

road parking will be allowed. This should form part of a Construction Transport

Management Plan (CTMP) detail. A CTMP should be a requirement set out in a

planning condition.

4.10.7 All highway entry points must meet the required construction and visibility standards.

These details can be controlled through a condition.

Transport Assessment

4.10.8 The traffic count information for Marshfield Road contained within the Environmental

Statement is considered to be dated (table 8.3). This should be updated to reflect a

year within 5 years of the date of the submission.

4.10.9 Table 8.1 sets out two traffic surveys however, the ATC location plan sets out three

ATC count locations. The anomaly should be addressed.

4.11 Rural Character / Mitigation

4.11.1 Consideration should be given to any proposed mitigation to protect the rural character

of the area. Proposed planting and use of materials in trackways should be

considered. The scale and location of any structures to house switch gear etc. should

be assessed and sited sensitively. Proposed lighting and signage should be fully

cognisant of the site’s rural location as should any work to improve access, for example

opening of field gates or the improvement of visibility splays.

4.11.2 Mitigation secured under condition is likely to reduce adverse impacts but there will be

a significant and prolonged change in the character of the area should the proposal

go ahead. This will be negative in landscape and visual terms. However large solar

facilities are not atypical in rural areas and there is no presumption against them.

4.12 Noise

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4.12.1 There are residential properties adjacent to and opposite the development site. Upon

review of the submitted noise assessment, it is noted that there are many unknowns;

site layout isn’t known, plant type isn’t known, location of plant isn’t known, quantities

of plant aren’t known and therefore a lot of assumptions are made.

4.12.2 Tonality Factor - the report states that tonality isn’t possible to determine from the

manufacturers data and it is not expected to be tonal however, if the plant isn’t

selected yet we can’t be sure there is no tonal element. Once the plant has been

selected, the manufacturers data sheets could be obtainable (and therefore the 1/3rd

octave data).

4.12.3 Intermittency factor - the noise report also assumes the plant will run continuously,

however it is possible that the fans would cut in and out for cooling. Again, this is

unknown at this stage.

4.12.4 All of the above could vastly change the outcome of the assessment as no correction

factors have been applied. The impact on residential properties could be negative

without mitigation, which should be controlled by condition.

4.13 Glint and Glare

4.13.1 The technical assessment of glint and glare concludes that potentially glint and glare

could occur at 5 dwellings. However, through the subsequent detailed assessment it

was determined that the nature of these effects would be reduced due to a range of

mitigating factors. Consequently, it was considered that only a low significance of

effect would occur in respect of all identified receptors. The impact of glint and glare

is considered to be neutral.

4.12 Power Generation

4.12.1 The scheme would generate 49.9MW of electrical power sufficient to power 15,000

homes and prevent the release of 21,000 tonnes of CO2 per year. This would be

positive.

5.0 Publicity

5.1 This is attached to this LIR (see Appendix A).

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SUGGESTED CONDITIONS

PLANS: This proposal shall be carried out in accordance with the following plans:

Drawing 4929574/01/E Site Location Plan

Drawing 4929574/02/F Site Layout Plan

Drawing 4929574/04/D Field Numbering Plan

Drawing 1045592/07 Typical Details – Sheet 1

Drawing 1045592/08 Typical Details – Sheet 2

Reason: to comply with Paragraph 4.16 of Welsh Government Circular 016/2014

(Conditions).

LIFETIME OF THE PROPOSAL: The permission hereby granted shall expire 40 years from

the date when electrical power is first exported (‘first export date’) from the solar farm to the

electricity grid network, excluding electricity exported during initial testing and commissioning.

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 proposed scheme has a 40 year lifespan.

CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN: No development shall

commence until a construction environment management plan has been submitted to and

approved in writing by the Local Planning Authority. The construction environmental

management plan shall set out details of all on-site construction works; post-construction

reinstatement; drainage; mitigation; and other restoration, together with details of their

timetabling. It shall include details of, and measures to secure:

(a) the phasing of construction works;

(b) the formation and position of the temporary construction compounds;

(c) contractor and operational on-site vehicle parking;

(d) dust management and suppression;

(e) cleaning of site entrance, facilities for wheel washing and cleaning the adjacent public

highway;

(f) pollution control, including the protection of water courses and ground water; subsoil

surface water drainage; bunding and siting of fuel storage areas; sewage and foul water

drainage and disposal; and emergency procedures and pollution response plans;

(g) temporary site illumination during the construction period;

(h) the methods to be adopted to reduce the effects of noise occurring during the construction

period to the lowest practicable levels and in accordance with BS 5228: Noise control on

construction and open sites;

(i) storage of materials and disposal of surplus materials;

(j) the construction of the accesses into the site, the erection of any entrance gates and the

creation and maintenance of associated visibility splays;

(k) access tracks and other areas of hardstanding, including areas of temporary road matting;

(l) the carrying out of foundation works, including the foundation of the solar arrays and any

other structures to be installed on the site;

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(m) method of working cable trenches, including soil storage and back-filling; and details of

cable boring methodologies below reens / ditches / other water courses and below hedges;

(n) general soil storage and handling;

(o) post-construction restoration/reinstatement of the working areas, including cable trenches

and area covered by any matting or other areas where the soil has been disturbed or

compressed;

(p) the sheeting of all heavy goods vehicles construction materials to, or spoil from, the site

to prevent spillage or deposit of any materials on the highway;

(q) details of the vehicles to be used on the site during construction activities

(r) details of control of surface water to prevent it entering the public highway or carrying

sediment to the surface water drainage network in the vicinity of the site.

(s) identification of buffer strips adjacent to water courses or retained vegetation features

such as hedges or trees and sites where birds are nesting;

(t) means to exclude small animals from excavations.

The works shall proceed in full accordance with the agreed construction method statement.

Reason: to protect the interests of the rural character of the area, the integrity and safety of

the highway network and to protect the amenity of residents, ecological interests and to

ensure the site is appropriately restored.

ANALYSIS OF LANDSCAPE ENHANCEMENT: Notwithstanding the information submittied

no development shall commence until a site based analysis and landscape plan has been

submitted to and approved in writing by the Local Planning Authority. The analysis shall

consider the balance of providing appropriate landscape enhancement and maintaining the

historic open character. In accordance with the outcome of that analysis the landscape plan

shall detail a scheme of landscape enhancement. Any new planting shall be implemented by

the end of the first full planning season (October to March inclusive) available after the first

export date.

Reason: to protect the historic and special landscape character of the area.

LANDSCAPE MANAGEMENT AND MAINTENANCE: Notwithstanding the information

submitted no development shall commence until a long term maintenance/management plan,

which covers both new and existing hedge and reed planting, shall be submitted to an

approved in writing by the Local Planning Authority. All landscape features shall be

maintained and managed in accordance with the approved plan.

Reason: to protect the special landscape character of the area.

HEDGEROW REMOVAL: Notwithstanding the information submitted full details of any

hedgerow, scrub and tree removal shall be submitted to and approved in writing by the Local

Planning Authority. The details shall include:

• Precise location of hedges to be removed

• Removal methodology

• Timing of Removal

• Mechanism to prevent disturbance to nesting birds and other fauna

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No hedge, scrub or trees shall be removed until the details are agreed in writing. No hedge,

scrub or tree shall be removed that has not been identified for removal.

Reason: to provide ecological enhancement, to protect landscape features and to protect the

interests of fauna and the relevant SSSIs.

DETAILS OF ANCILLARY PLANT AND EQUIPMENT: Prior to their installation details of

materials, colour and position of the battery storage unit, 16m high telecoms tower and 5m

high CCTV poles shall be submitted to and approved in writing by the Local Planning

Authority. The storage unit and equipment shall be finished in accordance with the approved

details.

Reason: to reduce their visual impact and to protect the special landscape character of the

area.

LIGHTING: There shall be no permanent illumination on the site unless otherwise agreed in

writing by the local planning authority.

Reason: to protect the rural character of the site.

HABITAT CREATION/ENHANCEMENT: Notwithstanding the information submitted no

development shall commence until the Landscape and Ecological Management Plan (LEMP)

is updated and submitted to and approved in writing by the Local Planning Authority. The

LEMP shall include the following details:

• The number of ‘cattle watering features’ to be retained and created. How they be

maintained as open features and their locations shown on a map.

• The species to be used to plant up gaps in hedgerows and a specification of planting

stock.

• Confirmation of the area of habitat to be created for shrill carder bee.

• A plan showing the position of the reen buffer to be managed for invertebrates to link

with the fields around the fishing ponds.

• A plan highlighting the field around the fishing ponds to be enhanced/managed for

invertebrates.

• How species-rich grassland will be created.

• How reen casting will be carried out.

• The minimum length of buffer that will be managed for Shrill carder bee and their

locations.

• Management of fishing ponds and the surrounding fields.

• Stocking density of the solar array fields

• The use, if any, of fertiliser to be used on fields housing the solar arrays.

Reens, ditches and associated buffers, fields containing solar panels and Shrill Carder Bee

mitigation and enhancement area shall be managed and monitored in accordance with the

updated LEMP. Invertebrate surveys; and Water Vole and Otter mitigation strategies shall

also be carried out in accordance with the updated LEMP.

Reason: to ensure ecological mitigation and enhancement is achieved.

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LAPWING MANAGEMENT PLAN: No development shall commence until a Lapwing

Management Plan for the off-site compensation area (as shown in 0475/LEMP Fig 1

Landscape and Ecological Management Plan) has been submitted to and approved in writing

by the Local Planning Authority. The Lapwing compensation area shall be provided and

managed in accordance with the approved plan.

Reason: to ensure ecological mitigation and enhancement is achieved.

MONITORING AND CONTINGENCY PLAN: No development shall commence until

monitoring and contingency plans for bats and Water Vole have been submitted to and

approved in writing by the Local Planning Authority. The development shall be carried out in

accordance with the approved plans.

Reason: to ensure ecological mitigation is achieved.

TREES: No trees shall be removed other than identified in the Arboricultural Impact

Assessment (Savills, March 2020). No tree shall be removed until it has been confirmed it

does not contain nesting birds or a bat roost.

Reason: to protect the ecological interests, protected species and the landscape character

of the area.

ARCHAEOLOGY: No development, to include demolition, shall take place until the

implementation of a programme of archaeological work has been secured in accordance with

a written scheme of investigation which has been submitted by the applicant and approved

in writing by the Local Planning Authority.

Reason: To identify and record and features of archaeological interest discovered during the

works, in order to mitigate the impact of the works on the archaeological resource within an

Archaeologically Sensitive Area.

FOUNDATION DETAILS & LEVELS: Prior to the installation of the battery storage units

details of the platforms they will be sited on and the slab level of those platforms shall be

provided in writing to the Council. Following the Council’s written agreement the platforms

will be built as agreed.

Reason: to protect visual amenity and to limit ground intrusion in the interests of archaeology.

ROAD CONDITION SURVEY: No development shall commence until a road condition survey

has been submitted to and approved in writing by the Local Planning Authority. The survey

shall identify any locations where the highway may be substandard; and jointly with the

Council’s City Services set out a timetable for monitoring and/or repairs. The monitoring

and/or repairs shall be carried out in accordance with the approved timetable.

Reason: To protect the integrity and safety of the highway network.

DETAILS OF ACCESS: No development shall commence until details of the main access off

Broadway have been submitted to and approved in writing by the Local Planning Authority.

The details shall include track testing and improvement works to ensure HGV’s do not cause

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damage to the highway verge. The access shall be provided in accordance with the approved

details.

Reason: To protect the integrity and safety of the highway network.

DETAILS OF TRACKWAY CONSTRUCTION: No tracks shall be constructed on the site until

details of their construction have been provided in writing to the Local Planning Authority.

Following the Local Planning Authority’s written agreement any tracks shall be constructed

fully in accordance with the agreed details.

Reason: to ensure any tracks are constructed in a fully reversible way in the long-term

interests of appropriately restoring the site to reduce the risk of increased rates of run-off.

TRAFFIC MANAGEMENT PLAN: No HGV shall access the site until details of a traffic

management plan (TMP) has been submitted to and approved in writing by the Local

Planning Authority. The TMP shall include details of:

• Signage;

• Details of temporary traffic management measures, such as traffic lights;

• HGV routes and timings to avoid peak hour flows; and school drop off/pick up times.

Reason: to protect the integrity and safety of the highway network.

NOISE ASSESSMENT: Notwithstanding the information submitted no development shall

commence until an updated noise assessment has been submitted to and approved in writing

by the Local Planning Authority. The assessment shall . The assessment (which should be

carried out in accordance with BS4142 :2014) should include full details of all plant and

equipment, manufacturers data upon which they rely, full details of calculations, corrections

and predictions and details of any enclosures. Any mitigation shall be identified, agreed and

implemented prior to the operation of the plant.

Reason: to protect residential amenity.

CONTAMINATION: Any unforeseen ground contamination encountered during development,

to include demolition, shall be notified to the Local Planning Authority as soon as is

practicable. Unless otherwise agreed in writing by the Local Planning Authority as

unnecessary, an appropriate ground investigation and/or remediation strategy shall be

submitted to and approved in writing by the Local Planning Authority, and the approved

strategy shall be implemented in full prior to further works on site. Following remediation and

prior to the occupation of any building, a Completion/Verification Report, confirming the

remediation has being carried out in accordance with the approved details, shall be submitted

to and approved in writing by the Local Planning Authority.

Reason: To ensure that any potential risks to human health or the wider environment which

may arise as a result of potential land contamination are satisfactorily addressed.

DECOMMISSIONING: Decommissioning and restoration: Not later than 12 months before

the expiry of this permission, a decommissioning and site restoration scheme shall be

submitted for the written approval of the Local Planning Authority. The scheme shall make

provision for the removal of the solar panels and all other associated equipment &

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paraphernalia and the subsequent restoration of the site. The scheme shall include details

of:

• the extent of equipment and foundation removal and the site restoration to be carried

out;

• the management and timing of any works;

• a traffic management plan to address likely traffic impact issues during the

decommissioning period;

• an environmental management plan to include details of measures to be taken during

the decommissioning period to protect wildlife, habitats and tree features on the site;

• identification of access routes;

• location of material laydown areas;

• full details of the removal of the solar arrays, associated buildings and plant, any

trackways and sub-surface cabling and all associated works of ground restoration

including trench backfilling;

• full details of all works to restore the land to allow for agricultural production following

the removal of structures from the site;

• a programme of implementation.

The approved scheme shall be implemented within 6 months of the expiry of this permission

and then proceed fully in accordance with the agreed details in accordance with the

decommissioning programme.

Reason: to ensure the site is fully restored and to maintain the rural appearance of the area.

REPAIR, REPLACEMENT AND REMOVAL OF SOLAR FARM: If the solar farm hereby

permitted fails to produce electricity for supply to the grid for a continuous period of 6 months,

a scheme shall be submitted to the Local Planning Authority for its written approval within 3

months of the end of that 6 month period for the repair or removal of the solar farm. Where

repairs or replacements are required the scheme shall include a proposed programme of

remedial works. Where removal of the solar farm is required the scheme shall include the

same details required under the decommissioning condition of this permission. The relevant

scheme shall thereafter be implemented in accordance with the approved details and

timetable.

Reason: to ensure the solar farm beneficially generates electricity or is otherwise removed to

the benefit of the character and appearance of the area.

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