p j frampton proof of evidence -...

S36 Application Draft v (vi) 1 FramptonsApplication by Celt Power Limited Town Planning Consultants

May 2013Land at Llandinam Windfarm PJF/icp/CEL01/PF/8926

P J FRAMPTON PROOF OF EVIDENCE

ELECTRICITY ACT 1989

SECTION 36 APPLICATION

TO DISMANTLE THE EXISTING SITE AND REMOVAL OF 102 TURBINES;

ERECTION OF 34 (PREVIOUSLY 39, (AS ORIGINALLY SUBMITTED 42

TURBINES)) UP TO 3MW TURBINES ON EXISTING SITE, CRANE HARD

STANDING; ACCESS TRACKS, UPGRADE ACCESS FROM THE A483

SUBSTATION; 2 POWER ASSESSMENT MASTS (ANEMOMETER) AND

ASSOCIATED INFRASTRUCTURE WORKS.

AT LLANDINAM WINDFARM

APPLICANT’S REF: CEL01/PF/8926



PETER JAMES FRAMPTON BSc (Hons), TP MRICS, MRTPI will say:

1.0 INTRODUCTION

1.1 I hold a Bachelor of Science Honours Degree in Town Planning. I am a member of

the Royal Town Planning Institute and the Royal Institution of Chartered Surveyors. I

am a Director in the firm of town planning consultants and chartered surveyors that

bears my name, Framptons Town Planning Ltd trading as ‘Framptons’.

1.2 Framptons has offices at Oriel House, 42 North Bar, Banbury and Aylesford House,

Royal Leamington Spa. I have practised in planning consultancy for over thirty years.

Prior to entering private practice in 1982 I held the position of a Senior Development

Control Officer at Lichfield District Council.

1.3 I have provided planning evidence at the following windfarm inquiries: -

• Carland Cross Cornwall

The dismantling and removal of 15 wind turbines and associated earthworks

and erection of 10 wind turbines (125m) and ancillary works (a repowering

scheme).



• Floods Ferry March Cambridgeshire

The erection of 9 wind turbines with a maximum height of not more than

110.5 metres from base to blade tip (when vertical), together with ancillary

development.

• French Farm Thorney Cambridgeshire

Alteration of existing planning consent 98/0094/FUL and re-submission of

application 07/0156/FUL for 2 no. wind turbine generators in existing

consented positions, proposed tower height of 60m (blade tip height of 100m);

and associated works.

• Barmoor between Ford and Lowick, Berwick on Tweed

The proposed development of 6 turbines (up to 110.5m in overall height), on-

site sub-station including electrical control room, temporary construction

compound area, unit transformers, upgrading and providing new access tracks,

and a permanent anemometry mast.

• Hallburn Farm Longtown Carlisle

Erection of six wind turbines, each with a maximum generation capacity of

2MW. Each wind turbine would have a total height to blade tip of no more

than 126.5m. In addition to the turbines, the development would include

access tracks, crane hardstandings & outrigger pads, control building,

underground electrical cables and temporary construction compound.



1.4 The scope of my evidence is as follows: -

(i) To set out in summary form the National, European and International

Obligations to address the impacts of climate change through the

generation of energy from renewable sources.

(ii) To set out national and Welsh Government policy towards renewable

energy development.

(iii) To identify the key planning policy issues that are relevant to this

proposal

(iv) To identify the key site specific planning issues that are raised by this

proposal – for and against the granting of planning permission.

(v) To consider the issues raised by third parties particularly the Alliance.

(vi) To undertake a balanced planning judgement in the overall public

interest.

1.5 I understand my duty to the Inquiry and have complied, and will continue to comply,

with that duty. I confirm that this evidence identifies all facts which I regard as being

relevant to the opinions that I have expressed and that the Inquiry’s attention has been

drawn to any matter which would affect the validity of that opinion. I believe that the

facts stated within this proof of evidence are true and the opinions expressed are

correct.



1.6 My participation in the preparation of the Environmental Statement and the SEIs has

been confined to the preparation of the planning policy update within the 2013 SEI. I

rely upon the ES as updated by the 2011 SEI, and 2013 SEI in forming my judgement

on the overall planning balance. In addressing the site specific issues, I shall further

draw upon the evidence of other witnesses.

1.7 As described in the heading to this proof of Evidence the scheme originally sought

planning permission for the replacement of 102 existing turbines with 42 turbines.

The SEI 2011 reduced the scheme to 39 turbines, by the omission of Turbines T22,

T23 and T24. The SEI submitted in April 2013 omits from the application, turbines

T19, T20, T21, T25 and T26. The determination of the application is sought on this

basis.

1.8 The proposal is not an application for a ‘new’ windfarm in the sense that the land has

hitherto not been developed, but comprises a ‘repowering’ scheme arising from:

• The decommissioning of an existing windfarm which has been in operation for

20 years, pursuant to the provisions of two planning permissions Ref M20962

(43 turbines) and M21043 (60 turbines). Neither consent imposes a condition

limiting the life of the planning permission.



• The replacement of 102 turbines of 45.5m in height with 34 turbines of up to

121.2m tip height (except turbines T29, T30 and T42 which would have a

reduced height to blade tip of 111.2m (as proposed in the 2011 SEI)).

1.9 The description of the site and the surrounding area is as set out in the Statement of

Common Ground. Llandinam is situated outside, but close to the Strategic Search

Area C, referred to later, as identified in Technical Advice Note (TAN) 8.

1.10 The Inspector has not required proofs of evidence for the opening inquiry session; nor has the

date for proofs for subsequent sessions yet been reached. Nonetheless, I have been asked to

produce my full proof of evidence – for all future inquiry sessions and making clear my

thinking on the overall planning balance – at this earlier stage with a view to transparency

and in order to provide an overview of the Llandinam case as a whole. In doing so, I

obviously reserve the right to produce such supplementary or rebuttal evidence as may be

appropriate or necessary in the light of any additional circumstances and the evidence of

others. The Summary and Conclusions at the end of this proof have also been appended to

Celtpower’s Statement of Case and serve as the outline statement - on policy matters - which

the Inspector has requested for the opening session of these conjoined inquiries.



2.0 THE NEED FOR RENEWABLE ENERGY DEVELOPMENT

2.1 I have not attempted to catalogue fully the development of the HM Government’s

energy policy in response to climate change. The Government’s energy policy,

including its policy on renewable energy was comprehensively first set out in the

Energy White Paper 2003. The Energy White Paper 2003 set a target to generate

10% of the UK electricity from renewable sources by 2010.

2.2 In 2006 the Government published ‘The Energy Challenge’. The Report states:

‘The Government therefore proposes to strengthen the framework that supports

the development and deployment of renewable technologies. With this strategy,

the Government believes that we can achieve 20% of our electricity coming from

renewable sources by 2020.’

2.3 The Government gave greater clarity on the strategic issues relating to renewables and

published a “Statement of Need” which is attached as Appendix D to The Energy

Challenge

2.4 In the context of the issues raised by this proposal the following paragraphs from the

Statement of Need are considered especially relevant (third paragraph 205; second

paragraph 206):



‘New renewable projects may not always appear to convey any particular local

benefit, but they provide crucial national benefit (emphasis added). Individual

renewable projects are part of a growing proportion of low-carbon generation

that provides benefits shared by all communities both through reduced emissions

and more diverse supplies of energy, which helps the reliability of our supplies.

This factor is a material consideration to which all participants in the planning

system should give significant weight when considering renewable proposals

(emphasis added). These wider benefits are not always immediately visible to the

specific locality in which the project is sited. However, the benefits to society and

the wider economy as a whole are significant and this must be reflected in the

weight given to these considerations by decision makers in reaching their

decisions’ (pg 205)

2.5 A review of the Government’s international and domestic energy strategy was

announced by the Chancellor of the Exchequer in July 2005, which resulted in the

Stern Review being presented to the Prime Minister and Chancellor of the Exchequer

in autumn 2006. Stern concluded that the scientific evidence of climate change is

overwhelming and that constitutes a serious global threat demanding an urgent global

response. He concluded:

“the investment that takes place in the next 10-20 years will have a profound

effect on the climate in the second half of this century and into the next. Our aims

now and over the coming decades could create risks of major disruption to

economic and social activity on a scale similar to those associated with the great

wars and the economic depression of the first half of the 20th Century. And it will

be difficult or impossible to reverse these changes.”

Stern consequently argued for ‘prompt’ and strong action.



2.6 The Energy White Paper, Meeting the Challenge Bill (May 2007) set out the

Government’s international and domestic energy strategy to respond to the two main

energy challenges of climate change and energy security. Support for renewable

energy is strengthened as its provision meets the twin strategic goals of attaining a

low carbon economy and security of supply. One of the key elements of the strategy

is to provide legally binding carbon targets for the whole UK economy to

progressively reduce emissions (through the draft Climate Change Bill).

2.7 The White Paper reported that, despite good progress to date in renewables provision,

there are barriers slowing the rate of renewables deployment in the UK in both the

short and long term. Firstly, the most competitive renewable technologies, such as

onshore wind and hydropower, are constrained (amongst other factors) by the

scarcity of suitable sites. Secondly, securing planning consent for renewables, and in

particular onshore wind, can be an especially difficult process, with developers

facing uncertainty and significant risk of delays. Thirdly, there are significant

challenges and delays in connecting renewables generation projects to the

transmission and distribution network, affecting both onshore and offshore

renewables. Grid capacity is available and agreed by contract for this scheme and the

application for the connection infrastructure is reasonably advanced. The granting of

consent is likely to lead to a prompt contribution from this wind energy development

towards achieving renewable energy targets.



2.8 The White Paper seeks to overcome these barriers and aims to increase the proportion

of energy from renewable sources, predominantly through the Renewables

Obligation, which is to be strengthened by increasing the Obligation up to 20%;

through reform of the planning system; and by removing barriers to decentralised

electricity generation.

2.9 I draw attention to the following content:

• The first quoted paragraph from the Statement of Need in the July

2006 Energy Review Report is restated in this White Paper.

• The White Paper states inter alia that the Government is also (para

5.3.67):

• ‘underlining that applicants will no longer have to demonstrate

either the overall need for renewable energy or for their

particular proposal to be sited in a particular location;

• giving a clear steer to planning professionals and local authority

decision makers, that in considering applications they should look

favourably on renewable energy developments.’

2.10 Proposals to deliver the EU's commitments are set out in the EU Climate and

Energy Package, released in January 2008. The measures will dramatically increase

the use of renewable energy in each country and set legally enforceable targets for

governments to achieve them. The package seeks to reduce greenhouse gas emissions



by at least 20% and increase renewable energies 20% by 2020. The emissions

reduction will be increased to 30% by 2020 when a new global climate change

agreement is reached. The package included a draft Directive on the Promotion of the

Use of Energy from Renewable Sources.

2.11 On 26th November 2008, three Bills which seek to tackle climate change received

Royal assent: the Climate Change Act 2008, the Energy Act 2008 and the Planning

Act 2008.

2.12 The key provisions of the Climate Change Act 2008 are:

Legally binding targets:

• Greenhouse gas emission reductions of at least 80% by 2050, and reductions

in CO2 emissions of at least 26% by 2020, against a 1990 baseline.

• The 2020 target will be reviewed soon after Royal Assent to reflect the move

to all greenhouse gases and the increase in the 2050 target to 80%.

• A carbon budgeting system which caps emissions over five year periods,

with three budgets set at a time, to set out the trajectory to 2050. The first three

carbon budgets run from 2008-12, 2013-17 and 2018-22, and needed to have

been set by 1 June 2009.



• The creation of the Committee on Climate Change, a new independent,

expert body to advise Government on the level of carbon budgets and where

cost effective savings could be made. The Committee gained statutory status

on 1 December 2008, and has issued its first report, ‘Building a Low Carbon

Economy - the UK’s contribution to tackling climate change’.

• The aviation and shipping industries to be accountable for their UK

greenhouse gas emissions.

• Five gases other than carbon dioxide, including methane, to be classified as

greenhouse gases.

• Government to report back every five years.

2.13 The Energy Act 2008 implements the legislative aspects of the 2007 Energy White

Paper: Meeting the Energy Challenge. The Act strengthens the Renewables

Obligation to drive greater and more rapid deployment of renewables in the UK with

the aim of increasing the diversity of the UK’s electricity mix, improving the

reliability of energy supplies and helping to lower the carbon emissions from the

electricity sector.

2.14 The EU Climate and Energy Package was formally agreed in April 2009 and

commits the EU to achieving a reduction in EU greenhouse gas emissions of 20% by



2020, increasing to up to 30% in the event of an international agreement on climate

change, compared to 1990 levels. The package includes a binding renewables target

of 20%. The UK’s share of this target is to deliver 15% renewable energy by 2020.

2.15 In April 2009 the EU Renewable Energy Directive (2009/28/EC) was issued

committing Member States to set national targets for consumption of energy from

renewable sources in terms of a proportion of total energy consumption. The EU’s

overall 20% renewable energy target for 2020 has been divided into legally binding

targets for the 27 Member States, averaging out at 20%. The Member States are

given an ‘indicative trajectory’ to follow in the period up to 20%. The UK target for

share of energy from renewable sources in gross final consumption of energy by

2020 is 15%.

2.16 In July 2009, The UK Renewable Energy Strategy was published, which sets out

the means by which the UK will meet its legally-binding targets under the EU

Renewable Energy Directive. The UK’s contribution to the EU target is to increase

the share of renewables in the energy mix to 15% by 2020, which represents a seven-

fold increase in UK renewable energy production from 2008 levels. A key element

of the new strategy is it sets out the EU requirement that there will be reporting steps

every two years in which the achievement of delivery against the trajectory set for the

2020 targets has to be tested and reported to the EU.



2.17 The Renewable Energy Strategy sets out the Government’s comprehensive action

plan for delivering the ‘renewables revolution’. The document sets out the balance of

fuels and technologies that is most likely to achieve this challenging goal and the

strategic role that the UK Government will adopt and the specific actions intended to

lead delivery.

2.18 The UK Government is committed to ensuring that the appropriate regulatory and

financial frameworks are in place to enable the market to deliver the required

increase in renewable energy. This includes:

• Extending and expanding the long-term incentive for major renewable

electricity developments; the Renewables Obligation; to ensure that it can

deliver more than 30% of electricity generated from renewables (it is

anticipated that about two thirds of this will come from on and offshore wind

projects). Renewable energy developments currently deliver around 5.5% of

electricity

• Establishing the Office for Renewable Energy Development to work with all

relevant stakeholders in the planning system, supply chain, connection to the

grid and bio-energy supply. The relevant stakeholders include the Planning

Inspectorate; local and regional authorities; Government offices and bodies

such as the Carbon Trust

• Ensuring a strategic approach to planning, working with regional authorities to

develop robust evidence-based strategies for delivering each region’s

renewable energy potential in line with the 2020 target;



• Supporting swifter delivery of renewable and low carbon energy applications;

• Investing in the UK renewables industry to develop the wider renewables

supply chain and to develop next-generation technology development and

generation;

• More strategic investment in the grid;

• Developing a system for a quicker and fairer connection to the grid; and

• Highlighting the new requirement of the EU Directive that there will be two

year reporting stages to the EU to show that each country is on target to meet

the trajectory for the 2020 targets – it is no longer a case of working towards a

distant target, as there are effectively now several closely spaces interim

targets to be met.

2.19 The Renewable Energy Strategy 2009 is also intended to tackle climate change,

reducing the UK’s emissions of carbon dioxide by over 750 million tonnes between

2009 and 2030. It will also promote the security of the UK’s energy supply, reducing

overall fossil fuel demand by around 10% and gas imports by 20–30% against what

they would have been in 2020.

2.20 The Government summarises the significance in increasing the use of renewable

energy stating:

“The UK needs to radically increase its use of renewable energy, on account of:



• The impending threat of dangerous climate change

• the growth in global demand for energy over the next few decades, and

the depletion of our North Sea oil and gas resources

• the requirement for the UK to recover some of its energy self-sufficiency,

while assuring that more of our imported energy comes from reliable

sources

• the UK needing a robust and thriving renewable energy sector to

maximise the economic and employment opportunities that may be

derived therefrom.”

2.21 The commitment within the EU Directive requires ‘an increase in the share of

renewable energy by almost a factor of seven from about 2.25% in 2008. ‘The Path

to 2020’ (UK-Renewable Energy Strategy) (UK-RES) states:

“The precise breakdown of the 2020 renewable energy target between

technologies will depend upon how investors respond to the incentives we put in.

However, our modelling suggests that renewables could provide more than 30%

of our electricity (compared to around 5.5% today); more than two thirds of that

could come from on and offshore wind.”

2.22 Chart 2.4 displayed in the UK-RES at page 44 – reveals that some 14GW – about

37% is expected to be sourced from on-shore windfarms in the period to 2020. A

similar contribution is anticipated from offshore wind. Other technologies amount

individually to very small percentage contributions.

2.23 The Government states that ‘delivering such a significant level of renewable energy

will be very challenging but we are fully committed to making it happen’ (para 2.4).



Four key actions are identified to achieve a ‘swifter delivery’ of renewable energy

projects namely:

1) Better planning for delivery

2) Stronger renewable industry

3) Quicker smarter grid connection

4) Using more sustainable bioenergy

2.24 In ‘Better Planning for Delivery’ the Government states (Executive Summary Para

3.6):

“Our planning system must enable renewable deployment in appropriate places,

at the right time, and in a way that gives business the confidence to invest. Thus

we must speed up the system and make it more predictable, while ensuring that

we continue to protect our environment and natural heritage and respond to the

legitimate concerns of local communities. Clearly we do not want to see large-

scale renewable deployment in places where it is inappropriate. But in many

more places where such deployment is both appropriate and desirable, we are

determined to make faster progress”.

2.25 The Renewable Energy Strategy is an integral part of the UK Government’s overall

UK Low Carbon Transition Plan July 2009 to ensure delivery of the clean, secure

and affordable energy of the future. The UK Low Carbon Transition Plan establishes

a roadmap for the decarbonisation of the UK. The White Paper sets out the actions

we are going to take to achieve this in practice while maximising economic

opportunities, spreading the costs fairly, and keeping energy supplies safe and secure.



The approach will be based around measures to promote a competitive energy

market, making polluters pay for the carbon they use, supporting technological

development and helping people make low carbon choices. Amongst other things, it

confirms a policy imperative to produce around 30% of our electricity from

renewables by 2020 by substantially increasing the requirement for electricity

suppliers to sell renewable electricity. (Summary at page 4).

2.26 The 2nd Progress Report of the UK Committee on Climate Change of June 2010

reiterates that a “step change” in the pace of emissions reductions is required to meet

carbon budgets and the implementation of measures designed for the next carbon

budget period, including increasing installed capacity from renewable sources.

2.27 In his speech to UK Energy Summit – Department of Energy and Climate Change the

Secretary of State said on 24th June 2010:

‘The real challenge is to build a different kind of economy. One that cuts our

carbon emissions to tackle climate change and which makes our energy secure in

a volatile world.’

2.28 The Renewable Energy Action Plan (July 2010) reiterates support for renewable

energy and reinforces the need to meet the EU targets through development of

renewable energy sources. The Government’s commitment extends to engaging with

the independent UK Committee on Climate Change to advise on scope for a more

ambitious target for renewables.



2.29 The first Annual Energy Statement was presented to Parliament by the Energy and

Climate Change Secretary on the 27th July 2010. The Secretary of State identified a

‘challenge’ as being ‘to spur the capital investment required for new energy

infrastructure.’ The Coalition intends to increase the target for energy from

renewable sources subject to the advice of the Climate Change Committee. The

Statement states:

‘This Government is committed to being the greenest Government ever, which

includes a firm commitment to renewable energy. The Coalition document sets

out a wide range of policies that will enable us to go further. This includes

engaging with the independent UK Committee on Climate Change to advise on

whether it is possible to increase our ambition for the level of energy from

renewables for 2020 and beyond.’

2.30 The Committee on Climate Change published the Renewable Energy Review on 9

May 2011. This expresses the view that whilst the UK Government’s 2020 ambition

is appropriate, its achievement will require large-scale investment and new policies to

help support technology innovation and to address barriers to uptake in order suitably

develop renewables as an option for future decarbonisation. The Renewable Energy

Review also acknowledges that, compared with onshore wind, most other renewable

energy generation technologies are expensive and likely to remain so until at least

2020, and in some cases, considerably later.



2.31 As a result, onshore wind is a key element of the portfolio of low carbon generation

technologies which the Climate Change Committee says is required to ensure that the

UK’s renewable energy targets and climate change commitments are met.

2.32 The Government issued the Electricity Market Reform White Paper (EMR) on 12

July 2011. Government intends to finalise the proposed policy by the end of 2011,

with its legislating for the “key elements” in the package to occur in the second

session of May 2012. It is anticipated that such legislation will reach the statute book

in April 2013. The first low carbon projects to be supported under such provisions

are anticipated to occur in 2014.

2.33 Onshore wind is described as a “mature technology” (paragraph 2.3.25), in which the

market can be prepared to invest with some certainty.

2.34 It is stated that, “The policy proposals within this White Paper form part of a much

wider DECC agenda aimed at energy decarbonisation and security of supply”. The

decarbonisation of electricity generation informs one of the three “key objectives” of

the EMR (1.3) and it is acknowledged that such an objective is implicitly linked to

the issue of climate change and the achievement of national and European renewable

energy targets.



2.35 Chapter 1 describes the “vision” to be achieved by 2030 in Box 1:

“By 2030, we will have achieved a reduction in our greenhouse gas emissions

across the whole economy in line with our carbon budgets and will be firmly on

track to achieving at least an 80 per cent reduction by 2050. We have

substantially decarbonised electricity supply and also get more than one third of

electricity generation from renewable sources… Wind power forms a substantial

part of our generation mix with cost competitive wind turbines both on and

offshore”. (emphasis added).

2.36 “Ensuring the future security of electricity supplies” is the first of the primary

objectives in the EMR. Wind power is seen as being a reliable and stable future

technology, which should inform part of the “generation mix” in accordance with a

range of advancing and currently infant renewable technologies. It is acknowledged

that onshore wind will only form part of a series of technologies.

2.37 Key to both investment and security supply rests in certainty. At para 1.6 it is stated

that “investors also need to have confidence in the planning system for major

infrastructure projects…This means giving developers greater certainty on the policy

framework for decision-making on major infrastructure projects. The Government

has therefore put before Parliament six energy National Policy Statements (NPSs)

for approval”. The EMR is considered to form “part of a much wider DECC agenda”

aimed at energy decarbonisation. The Renewables Roadmap is considered a parallel,

complimentary publication to the EMR (stated to be “published alongside this white

paper”) and outlines the strategy for deployment, in accordance with the challenge of



overcoming the non-financial barriers (as opposed to the consideration of

overcoming financial challenges in the EMR), (see paragraph 1.43).

2.38 The White Paper is an expression of Government policy and illustrates a direction of

travel intended by Government. The draft Energy Bill was published on the 22nd May

2012 with measures necessary to reform the electricity market to deliver secure,

clean and affordable electricity.

2.39 The Promotion of the Use of Energy from Renewable Sources Regulations 2011

(S1243/2011)

Regulation 3 states: -

‘it is the duty of the Secretary of State to ensure that the renewables share in 2020

is at least 15%’ (Regulation 2 defines “renewables share” as the share of energy

from renewable sources in the United Kingdom as calculated in accordance with

Article 5 of the Directive0.

2.40 The Department of Energy and Climate Change (DECC) issued the ‘UK Renewable

Energy Roadmap’ in July 2011, alongside the Government’s Electricity Market

Reform White Paper. The foreword explains that the document is “the UK’s first

Renewable Energy Roadmap” and that it “sets out our shared approach to unlocking

our renewable energy potential”.



2.41 The introduction explains that the goal is to ensure that 15% of UK energy demand is

met from renewable sources by 2020. At 1.3 the Roadmap explains that the ambition

extends beyond 2020 and there is reference to the recent advice from the Committee

on Climate Change (CCC) which has concluded that there is scope for penetration of

renewable energy to meet 30 – 45% of all energy consumed in the UK by 2030.

2.42 The document sets out analysis of recent trends in renewables deployment and the

pipeline of projects that could come forward before 2020, as well as barriers to be

overcome. The Roadmap sets out a targeted programme of action that the

government is taking to increase renewables deployment (para 1.8).

2.43 The Roadmap sets out a delivery plan to achieve the UK’s renewable energy target

over the next decade, based upon potential deployment levels and current constraints.

In the main, the “actions to address barriers” summarise policy measures already

being undertaken, with some new ones. The foreword states the actions are intended

to “accelerate renewable energy in the UK” (p4).

2.44 The more significant parts of the document relate to forecast costs and deployment

levels. The document will be reviewed and refreshed annually.

2.45 In terms of the most recent national renewable energy policy document, the Coalition

Government issued the Carbon Plan ‘Delivering our Low Carbon Future’ in



December 2011. It sets out the Government’s plans for achieving the emissions

reductions committed to the first four Carbon Budgets covering the overall period

from 2008 to 2027. These are related to the legally binding targets to reduce the

UK’s greenhouse gas emissions as set out in the Climate Change Act 2008. The Plan

also sets out how the UK will achieve decarbonisation within the framework of the

Government’s overall energy policy.

2.46 The vision, summarised at paragraph 10 (page 4) states: “if we are to cut emissions

by 80% by 2050, there will have to be major changes in how we use and generate

energy.... electricity will need to be decarbonised through renewable and nuclear

power, and the use of carbon capture in storage (CCS)”.

2.47 With regard to electricity, paragraph 16 sets out the three parts of the Government’s

expected generation portfolio, namely renewable power, nuclear and coal and gas

fired power stations filled with CCS. Paragraph 43 states that the power sector

accounts for some 27% of UK total emissions by source and that by 2050, emissions

from the sector need to be close to zero. Added to this, with the potential

electrification of heating, transport and industrial processes it is estimated that

electricity demand may rise between 30 and 60% and in such circumstances, “we

may need as much as double today’s electricity capacity to deal with peak demand”

(paragraph 44).



2.48 Paragraph 45 reiterates that while the overall direction is clear, there are major

uncertainties over both the most cost effective mix of technologies and the pace of

transition. It adds that “the Government is committed to ensuring that the low

carbon technologies with the lowest costs will win the largest market share”.

Therefore whilst there is some flexibility in the overall eventual mix that will

constitute the future UK generation platform, wind energy as a low cost renewable

technology has an important place.

2.49 The Coalition Government issued the Carbon Plan ‘Delivering our Low Carbon

Future’ in December 2011. It sets out the Government’s plans for achieving the

emissions reductions committed to the first four Carbon Budgets covering the overall

period from 2008 to 2027. These are related to the legally binding targets to reduce

the UK’s greenhouse gas emissions as set out in the Climate Change Act 2008. The

Plan also sets out how the UK will achieve decarbonisation within the framework of

the Government’s overall energy policy.

2.50 The vision, summarised at paragraph 10 (page 4) states: “if we are to cut emissions

by 80% by 2050, there will have to be major changes in how we use and generate

energy.... electricity will need to be decarbonised through renewable and nuclear

power, and the use of carbon capture in storage (CCS)”.

2.51 Paragraph 45 reiterates that while the overall direction is clear, there are major

uncertainties over both the most cost effective mix of technologies and the pace of



transition. It adds that “the Government is committed to ensuring that the low

carbon technologies with the lowest costs will win the largest market share”.

Therefore whilst there is some flexibility in the overall eventual mix that will

constitute the future UK generation platform, wind energy as a low cost renewable

technology has an important place.

2.52 The UK Renewable Energy Road Map Update 2012 published in December 2012, is

endorsed by a Ministerial Foreword including the First Minister for Wales. The Road

Map update states: -

‘Whilst this Renewable Energy Roadmap focuses on reaching our 2020 targets, it

is clear that renewables will have a pivotal role to play in the UK energy mix in

the decades beyond.’ (para 1.3)

2.53 In respect of development of renewable energy to 2020 para 2.5 states:-

‘It remains true, as stated in the Overarching National Policy Statement for

Energy, that there is an urgent need for new large-scale renewable energy

projects to ensure that we meet the 2020 target and wider decarbonisation

ambitions.’

2.54 Para 2.10 states:-

‘Last year’s Roadmap suggested that we could see up to around 13GW of onshore

wind capacity by 2020. Since last year we have had an increase of 1.3GW in

operational capacity (between January 2011 and end of June 2012) and the



onshore wind pipeline holds an additional 6.1GW of projects awaiting or under

construction as well as 7GW awaiting planning approval. The current pipeline is

likely to have the potential to provide the appropriate quantity of deployment to

fulfil our ambition outlined last year. However, we cannot be certain how much of

the capacity in the pipeline projects will go forward as not everything in the

pipeline will be consented and not everything consented will be built.’

2.55 The Update refers to onshore wind at page 36. The following considerations are

considered of relevant to this Inquiry.

‘The UK has some of the best wind resources in Europe, and onshore

wind is one of the most cost-effective large-scale renewable energy

technologies. The Government is committed to onshore wind as part of a

diverse energy mix contributing to our security of supply and carbon

reduction targets. Between July 2011 and end of June 2012, onshore wind

deployment has increased by over 1GW to a total installed capacity over

5.3GW.

Onshore wind provides substantial economic benefits. In 2011 onshore

wind supported more than 8,600 jobs contributing over £500 million to

the UK economy. By 2020 there could be around 11,600 direct and supply

chain jobs rising to around 15,500 total jobs if wider quantifiable impacts

are taken into account.

The Government is seeking to remove barriers to the development of

appropriately-sited projects, while giving local communities more

influence.

Results of the DECC Public Attitudes Tracking Survey show that the

majority of the public support the growth of onshore wind in the UK. With

this in mind, the Government is sympathetic to the concerns of

communities about developments in their areas.’



2.56 At paragraph 2.33 the Update states: -

‘While we cannot be certain which projects will go forward, the current

pipeline is likely to represent the appropriate quantity of deployment to

fulfil the central estimated range in the 2011 Renewable Energy Roadmap

for onshore wind deployment (around 10-13GW capacity).’

Conclusions

2.57 The UK Government is committed to binding obligations to tackle the adverse effects

of climate change made at an international, European and national level. In addition

at a national level there is a further fundamental issue to ensure security of energy

supply. Recent pronouncement on renewable energy policy notably the Renewable

Energy Review 2011 acknowledged that the commitment to achieve a reduction in

C02 emissions of at least 26% by 2020 against a 1990 requires large-scale investment

in renewable technologies. The Review recognised the reliance that is placed upon

on-shore wind to achieve this commitment. The Renewable Energy Roadmap

emphasises that the goal to ensure that 15% of the UK energy demand is met from

renewable sources by 2020 is not an ‘end date’. The ambition to increase the reliance

upon renewable energy sources extends well beyond 2020. Stated in the Overarching

National Policy Statement for Energy – and repeated in the UK Renewable Energy

Road Map 2012, ‘there is an urgent need for new large-scale renewable energy

projects to ensure that we meet the 2020 target and wider decarbonisation ambitions.’



2020 is not an end date in itself. Renewable energy development will have a ‘pivotal

role’ in the decades beyond.

2.58 The policies set out within the various documents I have referred are positively

encouraging towards renewable energy development in order to fulfil the

Governments’ legally binding commitments to reduce greenhouse gas emissions, and

to safeguard the security of our nation’s energy system. The White Papers and other

policy documents I have referred to emphasise the importance for an accelerated

provision of renewable energy development in an endeavour to meet the UK’s

obligations on renewable energy targets.



3.0 RELEVANT PLANNING POLICIES

(i) National Planning Policy

Overarching National Policy Statement for Energy (EN-1)

3.1 This NPS sets out national policy for nationally significant energy infrastructure

projects. In the context of the proposal for Llandinam the scope of the NPS relates to:

• (The repowering of) An electricity generation station with a capacity of more

than 50 megawatts

• An electricity line of 132kw – which is the subject of an application under

Section 37 of the Electricity Act.

3.2 Part 3 of NPS EN-1 addresses ‘the need for new nationally significant energy

infrastructure projects; and explains ‘that, without significant amounts of new large-

scale energy and climate, policy cannot be fulfilled’ (para 3.2.3).

3.3 Paragraph 3.2.3 continues: -

‘it will not be possible to develop the necessary amounts of such infrastructure

without some significant residual adverse impacts. This Part also shows why the

Government considers that the need for such infrastructure will often be urgent.



The IPC should therefore give substantial weight to considerations of need. The

weight which is attributed to considerations of need in any given case should be

proportionate to the anticipated extent of a project’s actual contribution to

satisfying the need for a particular type of infrastructure.’ (emphasis added)

3.4 The need for new nationally significant electricity projects is addressed under the

following topics.

• Meeting energy security and carbon reduction objectives

• The need to replace closing electricity generating capacity.

• The need for more electricity capacity to support an increased supply from

renewables.

Para 3.3.10 states: -

‘As part of the UK’s need to diversify and decarbonise electricity generation, the

Government is committed to increasing dramatically the amount of renewable

generation capacity (see Section 3.4). In the short to medium term, much of this

new capacity is likely to be onshore and offshore wind.’ (emphasis added)

• Future increase in electricity demand.

• The urgency of the need for electricity capacity.’

Para 3.3.15 states: -

‘In order to secure energy supplies that enable us to meet our obligations for

2050, there is an urgent need for new (and particularly low carbon) energy NSIPs

to be brought forward as soon as possible, (emphasis added) and certainly in the



next 10 to 15 years given the crucial role of electricity as the UK decarbonises the

energy sector.’

3.5 The NPS refers to the role of renewable electricity generation in para 3.4 stating inter

alia: -

• The UK has committed to sourcing 15% of its total energy (across the

sectors of transport, electricity and heat) from renewable sources by 2020

(para 3.4)

• Large scale development of renewables will help the UK to reduce its

emissions of carbon dioxide by over 750m tonnes by 2030 (para 3.4.2)

• The UK has substantial renewable energy resources for example the

British Isles have 40% of Europe’s wind, on-shore wind is the most well

established and currently the most economically viable source of

renewable electricity available for future large scale development in the

UK (para 3.4.3)

• It is necessary to bring forward new renewable electricity generating

projects as soon as possible. The need for renewable electricity generating

projects is therefore urgent (para 3.4.5)

3.6 The NPS addresses the issue of grid connection at Section 4.9.1, and states inter alia: -



‘The connection of a proposed electricity generation plant to the electricity

network is an important consideration for applicants wanting to construct or

extend generation plant. In the market system, it is for the applicant to ensure that

there will be necessary infrastructure and capacity within an existing or planned

transmission or distribution network to accommodate the electricity generated.’

‘The Planning Act 2008 aims to create a holistic planning regime so that the

cumulative effect of different elements of the same project can be considered

together. The Government therefore envisages that wherever possible,

applications for new generating stations and related infrastructure should be

contained in a single application to the IPC or in separate applications submitted

in tandem which have been prepared in an integrated way.’

3.7 The submission of a tandem application – albeit under the earlier regime of the

Electricity Act 1989 - for the grid connection has occurred with the Section 37

application by SP Manweb.

DECC National Policy Statement for Renewable Energy Infrastructure (EN-3) July

2011

3.8 This NPS covers three types of nationally significant renewable energy infrastructure

including onshore wind for projects with a generating capacity in excess of 50MW.

NPS EN-3 identifies factors that influence site selection and a range of technical and

environmental considerations which should be taken into account when determining

planning applications. Paragraphs 2.7.25 – 2.7.28 refer to the anticipated

circumstances arising from repowering of an existing windfarm.



Technical Advice Note 8 Planning for Renewable Energy July 2005

3.9 The Welsh Government made a commitment to delivering renewable energy targets

published in the Government’s Energy White Paper 2003. This included a specific

renewable energy target of 4TWh per annum by 2010 as part of the wider UK national

target of generating 10% of electricity consumption from renewable sources, and

7TWh per annum 2020. The Welsh Government announced the need to plan for

between 800-1000 MW of installed capacity of onshore wind (some 400-600

additional turbines approximately) by 2010. The brief provided by the Welsh

Government to ARUP was to provide a map for Wales identifying ‘strategic search

areas’ capable of delivering the energy target of 4TWh by 2010. The fundamental

objective was to ascertain the most appropriate areas of Wales in which to locate the

800MW of onshore wind turbines minimising direct land take.

3.10 The Ministerial Interim Planning Policy Statement 01/2005 stated inter alia: -

‘The Welsh Government is committed to playing its part by delivering an energy

programme which contributes to reducing carbon emissions. It has established

specific renewable electricity production targets for Wales of 4TWh per annum by

2010 and 7TWh per annum by 2020.

Therefore, the land use planning system should actively steer developments to the

most appropriate locations. Development of a few large scale (over 25MW) wind

farms in carefully located areas offers the best opportunity to meet the national

renewable energy target.’



3.11 The underlying purpose of the study was to identify strategic search areas for the

concentration of new wind farm development (i.e. additional installed capacity and

ignoring existing capacity) in areas that are on balance technically, practically and

environmentally better able to accommodate such impacts than other parts of Wales.

As such ARUP did not focus their studies upon potential opportunities for repowering

existing wind farms.

3.12 TAN8 relates to the land use planning considerations of renewable energy Para 2.2

states:

‘As noted above and in the Ministerial Interim Planning Policy Statement on

Renewable Energy 2005, onshore wind power offers the greatest potential for an

increase in the generation of electricity from renewable energy in the short to

medium term. In order to try to meet the target for onshore wind production the

Welsh Government has commissioned extensive technical work, which has led to

the conclusion that, for efficiency and environmental reasons amongst others,

large scale (over 25MW) onshore wind developments should be concentrated into

particular areas defined as Strategic Search Areas (SSAs).’

3.13 TAN8 refers to the following characteristics of SSAs.

(i) The SSA boundaries are broad brush (para 2.4)

(ii) It is a matter for the LPAs to undertake local refinement within each of the

SSAs in order to guide and optimise development within each of the areas

(para 2.4)



(iii)If there is robust evidence that land outside (but also close to) the SSA is

suitably unconstrained, LPAs might wish to consider the possibility of

development of windfarms in these areas as well (para 2.4)

(iv)For each of the SSAs there are indicative targets of installed capacity. ‘The

installed capacity targets are intended to assist the planning process and are

not to be seen as the definitive capacity for the area. There may be practical,

technical and/or environmental reasons why the capacity may be more or less

than that indicated.’ (para 2.5)

(v) Table 1 listed indicative capacities, representing a 1/3 reduction on the

maximum capacity identified by Garrad Hassan as reviewed by Arup in their

2005 Report.

3.14 TAN8 refers to onshore wind in other areas including repowering schemes. Para 2.14

states:

‘There will also be opportunities to repower and/or extend existing windfarms which

may be located outside SSAs and these should be encouraged provided that the

environmental and landscape impacts are acceptable.’ (emphasis added)

3.15 The existing windfarm at Llandinam lies within 2.3 km to the west of SSA C as

shown on Map 4 within TAN8. In August 2012 Powys CC published a plan that

identifies the location of windfarm developments in their geographical context with

the boundaries of the SSAs as shown in TAN8. This plan is shown as APPENDIX 1



3.16 Para 2.4 of TAN8 states that 'It is a matter for local planning authorities to undertake

local refinement within each of the SSAs in order to guide and optimise development

within each of the areas.’ If there is robust evidence that land outside (but close to) the

SSA is suitably unconstrained local planning authorities might wish to consider the

possibility of development of windfarms in these areas as well’.

3.17 A ‘Potential Methodology for Local Planning Authorities with Strategic Search Areas

is set out at Annex D to TAN8. Para 1.2-1.3 states:

‘1.2 The purpose of the local planning exercise is to achieve a finer grain of

development allocation within the SSA, taking into account landscape, visual and

cumulative impacts. It is not intended for use in the negotiation of the SSA

capacities indicated in the Final TAN 8; since this would risk the achievement of

renewable energy target delivery.

1.3 It is anticipated, however, that the Final TAN 8 will allow the local planning

authorities to make minor adjustments to the SSA boundaries when translated into

their local planning documents. This will facilitate the inclusion of development

on the margins of SSAs where local conditions recommend.’

3.18 An ‘overall study area’ of some 5km radius from the margins of each SSA is

recommended at Annex D ‘to allow consideration of technically feasible areas for

possible wind turbines’ (para 2.2).

Interim Development Control Guidance – Onshore Wind Farm Developments

3.19 In 2006 Powys CC commissioned consultants, including ARUP to undertake a local

assessment on SSAs B and C. Following consultation, the study also included a



refinement exercise for SSA D. The assessments carried out included a 5km band

around each thereby facilitating assessment of potentially suitable areas adjacent to

each SSA – in line with TAN 8 requirements. The assessments took into account the

following factors, in line with the advice contained in TAN 8:

• Landscape factors (this was a primary consideration in the study);

• Proximity to and impact upon residential buildings;

• Statutory and non-statutory designation within the SSA;

• Biodiversity impact;

• Potential highways constraints and access issues;

• Wind speed;

• Land ownership and constraints;

• Topography;

• Archaeology;

• Hydrology;

• Connection to the electricity grid.’

3.20 Powys CC published the consultants’ assessment by way of an Interim Development

Control Guidance – Onshore Wind Farm Development (Second Draft) - (IDCG). The

IDCG was referred to in the Officer’s Report to the Powys County Council's Cabinet

on the Llandinam proposal and states on page 47.

‘…. The refinement study has not been adopted by PCC as planning policy or as

Interim Planning Control Guidance.’



3.21 The Council’s website states: -

‘The County Council published a revised IDCG in 2008 for public consultation.

At the same time the IDCG was authorised for development control use. The

weight attached to the IDCG in decision making should reflect this position.’

3.22 The IDCG as drafted states at para 2.1: -

‘Although the content of the IDCG does not carry the same weight as

Development Plan policy, it will be taken into account by the local planning

authority when determining planning applications and when responding to the

Secretary of State for Business Enterprise & Regulatory Reform on proposed

developments in excess of 50MW. It will also be a consideration for Welsh

Government Planning Inspectors in relation to appeals.’

3.23 The Planning Officer’s report to the Powys County Council Cabinet (25 September

2012) states: -

‘This study (the refinement study) included much of the land within the turbine

envelope of the proposed Llandinam windfarm within the refined SSA boundary'

3.24 The 2013 SEI has resulted in the deletion of 5 turbines in the north-western part of the

site. The drawing attached as APPENDIX 2 shows:

• TAN8 SSA C boundary – blue

• TAN8 SSA C Refinement boundary – purple

• Llandinam Repowering planning application – red.

• The proposed 34 turbines – red crosses.



All of the proposed turbines now lie within the refinement to the SSA C boundary.

Renewable Energy – Route Map for Wales 2008

3.25 The Route Map states:

‘Wind energy is the most readily available commercial renewable technology and

Wales weather and geography means we are well placed to use it.’ (para 7.1)

3.26 Annex E outlines the scale of the potential plans for commercial windfarms in the

seven strategic search areas identified through the 2005 TAN8 Planning for

Renewable Energy guidance as being the most appropriate locations for larger scale

windfarms in Wales outside of brownfield sites. These strategic search areas

constitute a few percent of the land mass of Wales.

3.27 Annex E identifies that the MW total of potential windfarm projects exceeds the

TAN8 2010 targets within all SSAs. The Route Map acknowledges that ‘windfarms

mean changes to landscapes… and can have localised impact on habitat and soils

during the construction phase’ (para 7.7). The Welsh Government stated:

‘We will continue to pursue the proposals in TAN8 and monitor the uptake of

windfarm sites before undertaking a further review in the light of this and related

consultations.’



3.28 In seeking to overcome barriers / timescales and targets, the Route Map states:

‘We will review TAN8 revising upwards the old targets for renewables – drawn

from a range of sources, following the publication of the Welsh Governments’

energy strategy in 2008.’

3.29 The Route Map concludes: (para 7.17)

‘If all potential projects were to go ahead in full, windfarms within the TAN8

SSAs could produce up to 2500MW of capacity, three times the existing TAN8

target for 2010. This could create almost 7 TWhr per annum from onshore wind

by 2015 – almost a third of Wales' current electricity demand.’

These potential capacities are shown in the table at Page 29. The Route Map does not

suggest that the principle of sustainable capacity provision above the TAN8 targets is

in itself objectionable.

A Low Carbon Revolution: The Welsh Government Energy Policy Statement March

2010

3.30 The Foreword by the Cabinet states, inter alia:

‘Our future well-being both material and social, will be dependent on achieving

sufficient supplies of affordable, low carbon energy. This move to a low carbon

economy is an essential part of our commitment as a Government to sustainable

development. Done successfully it will strengthen our economic well-being,



improve the environment and help to address key social issues such as fuel

poverty.

This statement also reflects the UK policy position, the work of the UK Climate

Change Commission and the UK National Policy Statements on Energy and

Renewables.

Wales once led the world in carbon-based energy. Our goal now is to do the same

for low carbon energy. This is a challenge but exciting and vital agenda. We are

committed to work with all sectors and across all aspects of the Welsh

Government’s responsibilities within a very strong sustainable development

framework in order to make it a reality.’

3.31 The actions to produce low carbon electricity on a large scale by onshore wind

include an aim to 4.5kwh/d/p of installed onshore wind generation capacity by

2015/2017.

3.32 The Welsh Government aim to do this [for onshore wind] by:

• Optimising the use of the existing strategic search areas set out in TAN8 on

Planning for Renewable Energy and keeping the TAN under review in the light of

progress towards these targets.

• Ensuring that windfarms fully deliver wider community benefits, through our

Forestry Commission based schemes and through the planning system.

• Addressing any transportation concerns associated with larger wind turbines.

• Working closely with the grid company and the regulator to ensure new grid

connections are provided sensitively, including seeking what connections should

run underground where they would otherwise impact on protected landscapes.

• Promoting further use of brownfield or local sites for smaller scale projects

appropriate to their locations.



• Supporting local authorities in dealing with applications.

Written Statement by the First Minister Welsh Government. Planning for Renewable

Energy in Wales 17th June 2011

3.33 The First Minister referred to the Welsh Government’s Energy Policy Statement

published in March 2010, and stated, inter alia:

‘[However], while we continue to promote all forms of renewable energy onshore

wind is currently the most commercially mature form of renewable energy. The

Welsh Government remains committed to the principles of planning for onshore

wind in a strategic way, which seeks to optimise the production of renewable

energy whilst protecting Wales’ environment.

Our policy in TAN 8 seeks to restrict the proliferation of large scale wind farms

across the whole of Wales and focuses on the Strategic Search Areas which were

derived following an independent assessment.

The indicative capacities set out in TAN8 in 2005 reflected a considered view of

the potential impact of grid and transport connections. However, in a number of

the SSAs, developer interest has now greatly exceeded those indicative figures.

The Welsh Government believes this level of development is unacceptable in view

of its wider impacts on the local area.

In our view the TAN 8 capacities should be regarded as upper limits and we call

upon UK Government to respect this position when they finalise the Renewable

Energy National Policy Statement and to not allow proliferation when they take

decisions on individual projects in Wales.

It is this overcapacity which has led to proposals for major new overhead grid

infrastructure. We contend that the level of capacity within the Strategic Search

Areas which we set in 2005 would negate the need for the large obtrusive pylons

which are causing such concern. My Government would not support the



construction of large pylons in Mid Wales and my Ministers are pressing this case

with National Grid Transmission and with Ofgem.

It has always been our position, as set out in our Energy Policy Statement that

such connections should be delivered by less intrusive techniques, and as

sensitively as possible, including the use of undergrounding.’

Letter to Local Planning Authority by the Welsh Minister for Environment and

Sustainable Development July 2011

3.34 In this letter the Minister stated: (inter alia)

‘The Welsh Government’s energy policy and aspirations are set out in “A Low

Carbon Revolution” which identifies Wales’ sustainable renewable energy

potential to 2020/2025. We remain committed to pursuing these aspirations and

promoting all forms of renewable energy with onshore wind as currently the most

viable technology.

Within the aspirations set out in “A Low Carbon Revolution” is a specific

reference to the contribution which can be made by onshore wind in Wales, which

we believe has the potential to provide 2 gigawatts of capacity. These figures set

the context for the revision of Planning Policy Wales (PPW) which was

undertaken in February this year. PPW is the parent document to Technical

Advice Note 8 (TAN 8) and both of these seek to facilitate Wales’ potential output

of renewable energy.

An important function of TAN8 is to restrict the proliferation of large scale wind

farms in other parts of Wales. We also need to ensure the windfarm development



within the SSAs is proportionate and balanced with other needs in these areas.

Our approach is to limit the development of large scale wind farms to the area of

Wales which were independently and empirically assessed to be the most suitable.

These are the seven Strategic Search Areas (SSAs) in TAN 8. Further, wind farm

development should not reach such a scale that it would necessitate other

developments that would run counter to the policy positions set out in TAN 8, for

example on transmission network reinforcement.

… in the light of recent media coverage, I thought it would be helpful to write to

stakeholders to provide further clarity on the issues of maximum installation

capacities for onshore wind within the Strategic Search Areas (SSAs) identified in

TAN 8 in 2005.

The potential estimated in the Low Carbon Revolution Energy Policy Statement

was based in the maximum capacities that we considered appropriate for the

SSAs in TAN 8 in 2005. The maximum capacities of the SSAs as provided for and

referenced in TAN 8, were assessed by independent consultants Garrad Hassan

and provide for almost 1700 megawatts of onshore wind across all our SSAs. The

remaining 300MW are anticipated to come from a combination of development

under 25MW, brownfield sites as well as community and local schemes and a

contribution from micro-generation. We remain committed to achieving this

potential.

For ease of reference, the identified maximum capacities for each of the SSAs as

identified by Garrad Hassan were as follows: SSA A 212MW; SSA B 430MW;

SSA; C 98MW; SSA D 212MW; SSA E 152MW; SSA F 430MW and SSA G

132MW.

TAN 8 fully recognised the reinforcement of the transmission network in Mid



Wales as necessary to the realisation of additional generating capacity in the

area, as well as providing a stronger more reliable network for energy users.

TAN 8 set out the Welsh Government’s view that connections from the individual

turbines to a substation is “via underground cables”. TAN 8 details that any

connection from a substation to the nearest point of the distribution network

would be “achieved by a standard 3 wire system on wooden poles or by

undergrounded lines”. This remains the Welsh Government’s view and is

reinforced by the approach set out within the Renewable Energy Route Map for

Wales in 2008, and the Energy Policy Statement 2010. Provided development is

limited to the maximum capacities above, we do not believe that there is a need

for the large, visually intrusive, high voltage grid network infrastructure and

associated substation of the kind proposed within Mid Wales. Where new grid is

required, we expect the grid company and regulator to ensure that it is located,

designed and installed as sensitively as possible, using appropriate techniques,

including the use of undergrounding.’

Energy Wales: A Low Carbon Transition March 2012

3.35 The First Minister for Wales states inter alia in the Foreword:

‘Energy is a defining issue for our generation and an issue on which, as a

Government, I am determined that Wales will lead.

As a nation, we are rich in energy resources and this provides a tremendous

opportunity to fuel our drive for a fairer and more prosperous Wales and to achieve

a better quality of life for our own and future generations.’



3.36 The Welsh Government’s aim is to ‘enhance the economic, social and environmental

well being of the people and communities of Wales – to achieve a better quality of life

for our own and future generations’. The ambition is to ‘create a sustainable low

carbon economy for Wales’. The document states (page 6):

‘Our commitment to working with business to deliver these aims is a major priority.

In addition, in working to make this a reality, we will also seek to ensure that the

people and communities of Wales derive benefits over and above decarbonising our

energy system. We want a genuinely sustainable approach to transition in line with

our commitment to sustainable development as our central organising principle. By

working to deliver wider benefits for Wales, we believe this will be good for both the

long-term interests of business as well as our communities. Our aims in this respect

are threefold.

Firstly, we want to maximise the long-term economic benefits, and in particular the

job creation potential, for Wales. In the UK, it is predicted that 250,000 new jobs will

be created by 2020 in the energy sector and with its energy resources and significant

academic and operational expertise, we believe that Wales has the potential to

generate far more than a proportional share of these new jobs.

Secondly, we want to ensure that communities benefit from energy infrastructure

developments. Any significant infrastructure developments, whilst important to the

transition to a low carbon economy, will impact on communities and their local

environments. We believe that ensuring there are clear community benefits from such

developments is a critical part of the dialogue and engagement, particularly for those

developments which have a large spatial impact.

Finally, we want to carefully plan and manage the relationship between energy

development and our natural environment in line with the ambition of ‘Sustaining a

Living Wales.’’



3.37 Under the heading ‘Ensuring Wales’ communities benefit from energy developments’

it is stated:

‘If our transition to a low carbon future is to be successful we must ensure that our

communities are fully engaged and that they receive long-term positive benefits.

Energy presents a significant opportunity to bring wealth and long term benefit to

urban and rural areas, thus safeguarding the long term viability of our communities.

Not only do energy developments offer our businesses and workers significant

opportunities, they also offer the opportunity to secure investment into our

communities.’

3.38 In ‘Delivering renewable energy’ it is stated (p.19):

• ‘the renewable sector supported around 13,000 jobs in Wales in 2009/10

• 62% of renewable generation stems from sources such as wind and solar’

Written Statement by the Welsh Government Minister for Environment and

Sustainable Development 15th October 2012

3.39 Looking ahead, we will continue to enhance our efforts to reduce greenhouse gas

emissions in Wales and look to ensure that Wales is well-prepared to manage the impacts

of climate change. Our Climate Change Strategy confirms the approach and policies for

delivering our commitment to reduce emissions by 3% per year from 2011 in areas of

devolved competence, against the baseline of average emissions between 2006 and 2010.



The Strategy sets out the Welsh Government’s commitment to lead action in tackling

climate change and we are already making good progress in this area. But our

targets can only be achieved if everyone – government at all levels, people,

communities and businesses – all play their part. This is why we are working across

government, with the wider public sector and with businesses and communities to

help deliver on this agenda. It is this partnership approach that will help us to meet

the challenging emission reduction targets that the science demands.’

Planning Policy Wales (PPW) Edition 5 November 2012

3.40 PPW sets out the land use planning policies of the Welsh Government. It is

supplemented by a series of Technical Advice Notes (TANs – including TAN8

Renewable Energy 2005). PPW translates the commitment of the Welsh Government

to sustainable government into the planning system. Paragraph 12.8.1 states:

‘Our approach is to reduce energy consumption and improve energy efficiency first

and maximise renewable and low carbon energy generation at every scale across

Wales.’ (emphasis added)

3.41 Paragraph 12.8.2 states:

‘The Welsh Government’s Energy Policy Statement identifies Wales’ sustainable

renewable energy potential to 2020/2025… (which refers to a total capacity of

2GW). Planning policy at all levels should facilitate delivery of both the Welsh

Government’s overall Energy Policy Statement, and UK and European targets on

renewable energy… The issues at the heart of these duties are an established

focus of planning policy in Wales and in this context both local planning



authorities and developers should have regard in particular to the guidance

contained in Technical Advice Note 8: Planning for Renewable Energy – A Tool

Kit for Planners (para 12.8.2)’

3.42 The stated operational or consented capacity stated in PPW (figure 12.1) is 0.7 GW.

The Welsh Government is committed to using the planning system, inter alia, to:

- Optimise renewable energy generation

- Recognise that the benefits of renewable energy are part of the overall

commitment to tackle climate change by reducing greenhouse gas emissions

as well as increasing energy security.

3.43 Para 12.8.12-13 states:

12.8.12‘The potential for renewable and low carbon energy in Wales as

established in the Energy Policy Statement (see Figure 12.1) demonstrates that

strategic scale wind energy continues to offer the greatest potential (for activities

within the control of the planning system in Wales). Wales has an abundant wind

resource and power generation using this resource remains the most

commercially viable form of renewable energy. The Welsh Government accepts

that the introduction of new, often very large structures for onshore wind needs

careful consideration to avoid and where possible minimise their impact.

However, the need for wind energy is a key part of meeting the Welsh

Government’s vision for future renewable electricity production as set out in the

Energy Policy Statement (2010) and should be taken into account by decisions

makers when determining such applications.’

12.8.13 ‘The most appropriate scale at which to identify areas for large scale

onshore wind energy development is at an all-Wales level. Technical Advice Note



8: Planning for Renewable Energy (2005) identifies areas in Wales which, on the

basis of substantial empirical research, are considered to be the most appropriate

locations for large scale windfarm development; these areas are referred to as

Strategic Search Areas (SSAs). The detailed characteristics of SSAs and the

methodology used to define them are outlined in TAN 8 and its Annexes.

Development of a limited number of large-scale(over 25MW) wind energy

developments in these areas will be required to contribute significantly to the

Welsh Government’s onshore wind energy aspiration for 2GW in total capacity

by 2015/17 (see Figure 12.1); UK and European renewable energy targets; to

mitigate climate change and deliver energy security.’

Letter from the Deputy Director, Energy, Water and Flood for the Welsh Government

dated 21st January 2013.

3.44 This letter (to the conjoined Inquiries) states inter alia:

‘The Welsh Government remains committed to the planning policies contained in

PPW and TAN8. In July 2011 the Minister for Environment and Sustainable

Development wrote to all Local Authorities to clarify the issue of maximum

installation capacity within the SSAs identified in TAN8. The Minister’s circular

set out the identified maximum capacities for each of the SSAs as identified by the

independent consultants, Garrad Hassan.’

3.45 Two of the applications being considered by the Mid Wales Inquiry namely –

Llanbrynmair and Carnedd Wen - fall within SSA B.



3.46 As the Welsh Government makes expressly clear in its letter:

‘of the remaining three applications being considered by the Inquiry, Llandinam (as

referred to in the correspondence 23rd January 2013 - 126MW) falls just outside SSA

C. The Llandinam application is a repowering of an existing development. The Welsh

Government’s continuing policy in relation to the repowering of existing

developments which fall outside SSAs is that they should be encouraged provided

that the environmental and landscape impacts are acceptable (Section 2.14 TAN8

July 2005).’

Local Planning Policies

Powys Unitary Development Plan

3.47 In March 2010 Powys County Council adopted the UDP 2001-2016 The UDP

contains a number of policies which ‘touch upon’ the planning issues raised by this

proposal. The dominant policy is Policy E3 Wind Power which is a criteria based

policy conveying approval for windfarm development where a development will not

unacceptably adversely affect:-

- Environmental and landscape quality – either on an individual basis or

cumulatively

- Wildlife habitats

- Occupants / users of sensitive properties

- Buildings or features of conservation of archaeological interest



- Enjoyment and safe use of highways and public rights of way.

Applicants are required to demonstrate that proposed developments can be served by

an acceptable means of access; adequate mitigation for adverse impacts is provided

for, and that ancillary structures are so sited and designed to blend into their setting.

3.48 The UDP states (para 12.9.1)

‘A careful balance needs to be struck between the pressing need to combat

climate change and the need to protect a valued and attractive landscape.’

3.49 The Council believes that a criteria based policy does not, on its own, represent a

particularly good basis for future decision making and intends to discuss with the

Welsh Government and the others the obtaining of more detailed information in an

endeavour to reach views as to the ‘most appropriate (and conversely the most

inappropriate) locations and the terms under which such developments would be

acceptable.’ (para 12.9.1.)

3.50 Policy E4 refers to an advantage that wind power developments hold over most of the

other electricity generation technologies – namely the ease with which turbines and

towers may be removed and the land reinstated. Policy E4 refers to the imposition of a

planning condition on a grant of planning permission to remove turbines which have

ceased to generate electricity after a period of 6 months.



3.51 Policy E5 addresses off-site works that may be required to ‘either facilitate wind farm

development or to ameliorate some adverse effects’. The supporting text at para

12.9.5 states:

’Highway improvements are often required to provide adequate access to the site

during construction.’

Policy E5 provides the basis upon which PCC may impose planning obligations to

either facilitate windfarm development or ameliorate their impact.

3.52 The Statement of Case issued by Powys CC identifies a list of policies from the UDP

which the Council will rely upon. In the context of the Llandinam proposal I consider

that the following policies are relevant when considering the site specific issues

arising from the proposal to repower an existing windfarm:

SP1: Social, Community and Cultural Sustainability

SP3: Natural, Historic and Built Heritage

SP12B: Energy Conservation and Generation

GP1: Development Control

ENV2: Safeguarding the Landscape

ENV3: Safeguarding Biodiversity and Natural Habitats

ENV4: Internationally Important Sites

ENV6: Sites of Regional or Local Importance

ENV7: Protected Species



RL6: Rights of Way and Access to the Countryside

DC9: Protection of Water Resources

DC12: Overhead Lines and Pipelines

DC13: Surface Water Drainage

Conclusions

3.53 Conclusions to be drawn from the relevant planning policy.

(i) That there is an urgent need for new nationally significant infrastructure

projects to be brought forward as soon as possible (NPS EN-1; UK renewables

Energy Road Map Updated 2012) in the interests of:

- Meeting energy security and carbon reduction objectives

- The need to replace closing electricity generating capacity

- The need for more electricity capacity to support an increased supply

from renewables.

(ii) That the weight which is attributed to considerations of need in any given case

should be proportionate to the anticipated extent of a projects actual

contribution to satisfying the need for a particular type of infrastructure (NPS

EN-1).

(iii)That on-shore windfarm development is regarded as being the most

established large-scale source of renewable energy in the UK.



(iv)That Wales has an abundant wind resource, and power generation using this

resource remains the most commercially viable form of renewable energy.

(v) That the UK Government acknowledges it will not be possible to develop the

necessary amounts of large-scale infrastructure without ‘some significant

residual adverse impacts’ (NPS EN-1 para 3.2.3).

(vi)That the Welsh Government maintains the most appropriate scale at which to

identify large-scale onshore wind energy development is at an all-Wales level

(TAN8).

(vii) That the Welsh Government does not support the – new as opposed to re-

powering - generating capacity within SSA C beyond the maximum of

98MW identified by Garrad Hassan (23/1/13 correspondence to the Inquiry).

(viii)That the Welsh Government’s policy in relation to the repowering of existing

wind farm developments is that they should be encouraged provided the

environmental and landscape impacts are acceptable (21/1/13

correspondence to the Inquiry). (TAN8 para 2.14).

It is in the context of these principles that I consider the merits of the proposal.



4.0 THE PLANNING CONSIDERATIONS

Introduction

4.1 At the outset of this section of my proof of evidence it is appropriate to set out a basic

principle for this Inquiry regarding on shore wind development, lest it be advanced to

the contrary by third parties within written evidence or oral submissions. The

Government’s policy support for onshore windfarm development, as a contribution

towards the generation of energy from renewable sources is not open to review

through this procedure. Rather the issue for determination is the land use planning

consequences of the windfarm proposals considered on an individual and cumulative

basis.

TAN8 issues

(i) Capacity of SSAs

4.2 In May 2004 the Welsh Government set a target of 4TWh/annum to be produced by

renewable energy by 2010, part of the wider UK national target of generating 10% of

electricity consumption from renewable sources by 2010. In the light of the need for

new renewable energy installations, the Welsh Government Planning Division

commissioned work at a strategic level (from ARUP) to determine the potential for

wind energy development in Wales.



4.3 The brief given to ARUP was to provide a map for Wales identifying ‘strategic search

areas’ capable of delivering the Welsh Government’s Renewable Energy target of

4TWh by 2010. The ‘fundamental objective was to ascertain the most appropriate

areas of Wales in which to locate 800MW of onshore wind turbines minimizing direct

land take.’ (ARUP Review of Final Reports June 2005)

4.4 ARUP produced a ‘decision support tool’ which was essentially a collation of relevant

information to date, techniques and research in order to document and clarify relevant

issues relating to wind farm development in Wales. The work culminated in the

identification of seven separate areas considered capable of accommodating large-

scale (> 25MW) wind farms. The seven areas were identified as Strategic Search

Areas and subject to wide consultation.

4.5 The Welsh Development Agency subsequently commissioned Garrad Hassan and

Partners (GH) to carry out a more detailed technical feasibility study of the generating

potential of the seven SSAs. GH state in their report ‘Energy Assessment of TAN8

Wind Energy Strategic Search Areas’:

‘The work does not seek to pre-empt detailed on the ground strategies that would

typically be undertaken by wind farm developers when assessing the sites. Rather,

it provides an informed view of the broad capacity limits of the areas (emphasis

added) and the headline, common factors which are likely to influence these

limits.’ (para 1.1)



GH further state:

‘The terms of reference did not include any input by GH into the definition of the

SSA areas, or any assessment of planning matters such as landscape capacity.’

(emphasis added)

4.6 The methodology of the study involved establishing an initial Base Case layout to

determine a ‘reference case for feasible maximum capacity of each SSA’ (para 2.1). A

range of constraints were identified under the following headings namely:

• Practical / Technical

• Military / Aviation

• Environmental

(attached as APPENDIX 3)

4.7 The majority of the constraints had been considered in the original identification of

the SSAs and hence did not materially impact upon the land available within the

SSAs. The main material difference was the identification of buffers (700m radius)

for dispersed dwellings which was omitted from the ARUP study. GH stated ‘It

[buffer to a dispersed dwelling] forms the main locational driver for turbine

placement within each SSA’.

4.8 The turbine assumption was a ‘typical 2MW wind turbine with an 80m hub height and

80m rotor diameter’ – as a ‘typical onshore turbine specification for use in relatively

complex terrain, up to the year 2010.’ (emphasis added) (para 2.12)



4.9 GH thereafter sought to define a Noise Constraint Case and stated:

‘… it is not possible to undertake a definitive assessment of noise until detailed

background noise measurements have been made at nearby residences. Such an

approach is clearly outside the scope of this study. GH have therefore made the

assumption that a wind farm development is likely to meet the relevant planning

guidance provided predicted noise levels at dwellings are less than 40dB(A) at a

reference wind speed of 8m/s at 10m height. (emphasis added) The noise

calculations were based on a noise source power of 105dB(A) for the ‘normal’

turbine and 101dB(A) for the ‘quieter’ turbine at this condition with an

assumption of no tones.’

4.10 For SSA C GH reached the following analysis:

No of turbines Rated Capacity (MW)

Base Case 74 148

Base Case + Noise 49 98

The Base Case + Noise capacity for all the SSAs was established as being:

Area A 212

Area B 430

Area C 98

Area D 212

Area E 152

Area F 430

Area G 132



4.11 These figures total 1666 MW and form the basis of the reference to 1700MW in the

Minister’s letter of July 2011. The Minister’s letter refers to this capacity as being the

‘maximum’, whereas the purpose of the GH report was to provide an ‘informed view

of the broad capacity limits of the areas’ (emphasis added). The initial technical

capacity was identified as being 2104MW (sec 4.1) which is the summation of the

Base Case capacities).

4.12 ARUP concluded in the report to the Welsh Government (Facilitating Planning for

Renewable Energy in Wales: Meeting the Targets Final Review June 2005):

• ‘The decision to develop SSAs, and the method used to identify them remains

valid.

• Excluding landscape and visual issues (to a degree) in the initial identification of

the SSAs was the correct approach.

• The boundaries of the current SSAs should remain largely unchanged, but

assessment suggests modifications, as indicated, to better reflect the areas of

potentially developable resource.

• There are no new SSAs required, and that none of the SSAs require removal.

Having taken all the renewed factors and suggested boundary modification into account

it is predicted that:

• the SSAs remain capable of delivering the government target (800MW) for

renewable energy in Wales; and

• the largest capacity for allocation in LPA plans will fall somewhere between the

government target (800MW) and the maximum capacity identified in the Garrad

Hassan study (1666MW) – to take account of site specific factors limiting

availability and LPA consideration of landscape and visibility matters.



4.13 In issuing the renewable Energy Route Map for Wales, the Welsh Government set out

its approach to ‘overcoming barriers/ timescales and targets; stating at paras 7.16-7.17

7.16 We will:

• review TAN 8, revising upwards the old targets for renewables- drawn from a

range of sources- following the publication of the Welsh Government’s energy

strategy later in 2008.

• support UK work on a strategic environmental assessment (SEA) for offshore

wind generation in English and Welsh territorial waters.

7.17 If all potential projects were to go ahead in full, wind-farms within the TAN 8

strategic search areas could produce up to 2500MW of capacity: three times the

existing TAN 8 indicative target for 2010. This could create almost 7TWhr per

annum from onshore wind by 2015 – almost a third of Wales’ current electricity

demand. Major new offshore wind projects could add at least another 3 TWhr

annually.

4.14 It appears from the Ministerial Statement June 2011 and the Minister’s letter to the

LPAs (July 2011) that the concern regarding ‘overcapacity’ is directed at the

environmental consequences from grid connections. The Minister stated (June 2011):

‘It is this overcapacity which has led to proposals for major new overhead grid

infrastructure. We contend that the level of capacity within the SSAs which we set

out in 2005 would negate the need for the large obtrusive pylons which are

causing such concern.’



4.15 It remains the view of the Welsh Government that connection from the individual

turbines to a substation should be via underground cables, and that ‘any connection

from a substation to the nearest point of distribution network’ should be ‘achieved by

a standard 3 wire system on wooden poles or by undergrounded lines.’ I refer to the

grid connection which is subject to a Section 37 application later in this evidence.

4.16 In a recent decision for a Consent Order under the Planning Act 2008 (S31 –

Nationally Significant Infrastructure Project) at Brechfa Forest (BFWWF),

Camarthenshire, the Examining Authority (ExA) considered the ‘TAN8 Capacity

Limits’. He stated at paragraphs 4.169 – 4.172:

‘TAN8 identified Brechfa Forest as an area deemed suitable for large-scale wind

farms. TAN8 also identified indicative capacity targets for each SSA, with these

intended to assist the planning process and not to be seen as the definitive

capacity for the area. In July 2011 the WG’s Minister for Environment and

Sustainable Development wrote to local authorities in Wales. This identified the

maximum capacity of Brechfa Forest as 132MW (REP260 LA, appendix 13).

The maximum capacity of the Alltwalis wind farm is 23 MW and the maximum

proposed capacity of BFWWF is 84MW. The maximum capacity of the proposed

Bryn Llewelyn Wind Farm is 48MW and that at Brechfa Forest East 36MW

(REP260 LA, appendix 4.2). If all proposed wind farms were constructed to their

maximum capacity, then the capacity limits proposed by the WG would be

exceeded.

The key issues relevant to my consideration are:

• There can be no guarantee that the proposed wind farms will be

consented and built.



• In the case of BFWWF there is a thorough environmental assessment (the

ES) which considers the impact of the proposal for BFWWF, and includes

consideration of other actual and potential wind farms.

• While TAN8 is a relevant material consideration the main policy

considerations are the national policy statements (NPS EN-1 and NPS

EN-3) which identify the need for additional capacity.

I conclude that TAN8, as modified by the WG in 2011, does not provide grounds for

rejecting the proposal for BFWWF.’

4.17 The Secretary of State in issuing the Consent Order stated at para 23:

‘There were concerns that the generating capacity of the Brechfa project when

taken with the built Alltwalis wind farm (23MW) and the proposed Bryn Llewelyn

(48MW) and Brechfa Forest East (36MW) wind farms would breach the

maximum wind farm generating capacity limits for the Strategic Search Area

(SSA) within which the wind farms are sited (or would be sited if consented) as

identified by the Welsh Government (see paragraphs 4.169 – 4.172 of the ER).

The nominal capacity of the SSA in question is 132MW and that total would be

breached if the Brechfa project and the other unconsented projects were to be

built. The ExA notes, however, that there is no guarantee that the Bryn Llewelyn

and Brechfa Forest East projects will be built and that the Applicant for the

proposed Development has provided a thorough assessment of impacts arising

from the project including consideration of the other similar schemes. The

Secretary of State, therefore, agrees with the ExA’s conclusions that TAN8, as

modified by the Welsh Government in 2011, does not provide grounds for

rejecting the proposal for Brechfa Forest West (ER 4.172).’

(ii) Repowering of an existing windfarm



4.18 As stated earlier when examining relevant planning policy, neither the existing

Llandinam windfarm nor the proposed repowering lies within the boundary of SSA-C

as drawn on Map 4 in TAN8. Para 2.14 of TAN8, and as recognised by the Welsh

Government in the correspondence dated 21st January 2013, encourages repowering in

areas outside the SSAs provided that the environmental and landscape impacts are

acceptable. These impacts are addressed in the ES, 2011 SEI and 2013 SEI. The

impacts arising from the proposed grid connection at Welshpool are addressed in the

submissions made by SPManweb.

4.19 Providing that the environmental and landscape impacts are acceptable the

repowering of Llandinam should be encouraged as a matter of principle through the

provision of TAN8. The repowering of an existing windfarm should be considered in

the context of the current physical and environmental context of the site (existence of

wind turbines in the landscape; existence of tracks and other infrastructure associated

with the windfarm).

4.20 It is clearly to be accepted that the repowering of an existing windfarm may give rise

to different environmental impacts from those of the existing situation particularly as

the change in windfarm technology has led to taller wind turbines, larger rotor blades,

bigger capacity turbine generators and slower rotation of blades. Repowering

generally, as is the case at Llandinam, involves the replacement of the existing array

with a smaller number of larger turbines.



4.21 The consideration as to whether the environmental and landscape impacts are

‘acceptable’ does not require the impacts of the proposal to be maintained as they

currently exist. Rather it has to be acknowledged that modern turbines fewer in

number will necessarily have a different impact upon landscape character and visual

amenity than the existing array. Similarly the proposal may give rise to different

effects on the level of amenity enjoyed by occupiers of nearby sensitive properties.

During the periods of construction and decommissioning there will be different

environmental effects arising from the transportation of plant, machinery and

component parts of the turbines.

4.22 A planning judgement has to be formed as to the degree or extent, to which this

proposal would give rise to adverse impacts, and whether in the subsequent planning

balance, weighing the benefits from allowing the development to proceed; these

impacts would be acceptable or unacceptable in the overall public interest.

4.23 In the context of a repowering scheme it is a material consideration to have regard to

the impacts arising from the existing array, as a genuine ‘planning fall back’. While

repowering is desirable in order to introduce more efficient wind turbines. The

existing array has a generating output of 31MW. The subsisting planning consent

contains no planning condition that determines the life of the consent or requires

decommissioning. The balance of probability is that in the event planning permission

is refused for the repowering, the existing array would be maintained. Works to the

existing array would be able to be undertaken as a maintenance operation, and hence



the renewal of component parts would not necessarily require a new grant of planning

permission.

(iii) The geographical extent of SSAs

4.24 The underlying purpose in the identification of Strategic Search Areas is to focus new

large-scale windfarm development – as opposed to re-powering schemes - to areas of

Wales considered most suitable for large-scale windfarm development (Renewable

Energy Route Map for Wales para 7.4) and avoid a proliferation of large-scale

windfarms across the whole of TAN8. The SSA boundaries were drawn at a ‘broad

brush’ scale, and it was acknowledged that not all the land within the SSAs ‘may be

technically, economically and/or environmentally suitable for major wind power

proposals.’ TAN8 acknowledged that it would be a matter for LPAs to undertake local

refinement within each of the SSAs ‘in order to guide and optimise development

within each of the areas’ (TAN8 para 2.4).

4.25 Powys CC undertook such an exercise engaging the same consultants, ARUP, who

had identified the SSAs boundaries within the TAN8. The refinement exercise

followed the guidance set out at Annex D of TAN8 and resulted in a significant

redrawing of the ‘western half’ of the TAN8 SSA C boundary to the west. (Refer Map

2 IDCG)



4.26 The study did not seek to identify the indicative capacity target of the refined SSAs

(to compare against Table 1 TAN8). The study stated (para 6.6):

‘A representative energy yield based on an average of 6.5MW/sqkm of

unconstrained land has been applied as a gauge to identifying the capacity within

each SSA.’

4.27 It is acknowledged that the IDCG has remained as a draft document and has not been

adopted by the Powys CC. The report states at para 6.6:

‘Powys County Council has now indicated that these are the preferred areas for

large windfarm proposals.’

The IDCG is referred to by Powys CC as being used for development control

purposes. Para 2.2 of the IDCG states:

‘This second draft of the IDCG was formally authorised by Powys County

Council Board on 22nd April 2008 for use in development control with immediate

effect.’

Conclusions on TAN8

4.28 I draw the following conclusions for the planning policy context of Llandinam

repowering at a strategic level for Wales.



1. That the repowering of the existing windfarm at Llandinam should be

encouraged provided that the environmental and landscape impacts are

acceptable, (TAN8 para 2.14) and

2. That in having regard to the IDCG for development control, the location of

Llandinam repowering lies within a refined SSA C where large-scale

windfarm development should be focussed because of the suitability when

assessed against a range of environmental and technical considerations. (IDCG

para 6.4)

3. That the Secretary of State agreed with the Examining Authority (Brechfa

Forest) that the indicative targets for TAN8 were ‘intended to assist in

planning process and not be seen as the definitive capacity for the area’. The

Secretary of State referred to TAN8 capacity limits as ‘the nominal capacity’.

4. That TAN8 as modified by the Welsh Government in July 2011 does not

provide grounds for rejecting Llandinam as a matter of principle, if Llandinam

is regarded as being within SSA C as a result of the refinement assessment by

PCC (Refer Appendix 1 para 5 SOCG).

5. That the intention of the Welsh Government as set out in Renewable Energy

Route Map for Wales is ‘to review TAN8 revising upwards old targets for

renewables.’ (para 7.16)

6. That while TAN8 is a relevant material consideration, the main policy

considerations are the National Policy Statements which identify the need for

additional capacity. The overarching NPS (EN-1) states that the NPS provides

the ‘primary basis for decisions’. (para 1.1.1)



The environmental and landscape impacts of the repowering of Llandinam

4.29 I propose to consider the environmental and landscape impacts firstly in response to

the matters raised by the PCC. I have acknowledged where such concerns are raised

by other objectors, such as the Countryside Council for Wales (now known as Natural

Resources Wales (NRW)) and the Alliance.

Impacts of the Transportation Route

4.30 I rely upon the expert evidence of Mr David Tucker, DTA. The 2013 SEI sets out a

review of the Strategic Traffic Management Plan (STMP), and refers to the

preparation of a detailed Draft Traffic Management Plan (TMP) for the Revised

Southern Transport Route, which is relied upon to serve Llandinam (replacing the

Draft TMP presented with the 2011 SEI).

4.31 The assessment of the impacts arising from traffic associated with the construction

and decommissioning of the existing windfarm was undertaken in the original ES and

2011 SEI in the context of criteria including community severance, driver delay,

pedestrian amenity accidents / safety considerations, traffic noise and vibration. Given

the temporary nature of these operations and the absence of a requirement for major

works to the highway infrastructure, many of these issues were assessed under the

relevant guidance as not causing a significant effect. The assessment has therefore

focussed on the potential impacts to the road network associated with the construction

phase traffic including the impact of abnormal indivisible loads (AIL) convoys.



4.32 Llandinam is being progressed on the basis of the Revised Southern Transport Route

for abnormal load deliveries. With the implementation of a range of measures

described at Section 9.6.5 of the 2013 SEI, the judgement is reached that delays

incurred by other road users in the route will not exceed 10 minutes, with no more

than one convoy (comprising a maximum of three abnormal loads) a day. The

conclusion [2013 SEI] reached is that the residual effects are negligible. In a land use

planning judgement I conclude that the proposals have satisfactorily taken into

account ‘the effects of the safety and convenience of other road users of the transport

network’ (PPW para 8.7.1) during the construction phase.

Impacts on Landscape and Visual Amenity

4.33 This objection is supported by NRW and the Alliance. I rely upon the expert evidence

of Mr James Welch, Optimised Environments Ltd. The 2013 SEI analyses the

landscape and visual impact arising from the amended scheme for 34 turbines,

including cumulative impacts, upon a wide range of landscape and visual receptors

surrounding the site, including the Caersws Basin.

4.34 The 2013 SEI explains that the removal of 5 turbines to the north and northwest

extent of the proposed windfarm layout has been undertaken in response to

stakeholder concerns with regard to landscape and visual effects on the Caersws Basin

and associated sites such as Plas Dinam House and Garden. The removal of the 5

turbines reduces the predicted effects on landscape character and visual amenity from



Viewpoints 1, 20, 26 and 27 as these turbines were the most prominent turbines on the

northern end of the Waun Ddubarthog ridgeline. From other viewpoints the removal

of the 5 turbines has much less of a pronounced effect on the appearance of the

development (2013 SEI para 6.7.3.2).

4.35 The 2013 SEI concludes that the removal of the 5 turbines would result in:

a) the removal of significant landscape effects at 4 viewpoint positions

(viewpoints 1, 20, 26 and 27)

b) the removal of significant effects on visual amenity at 3 viewpoint positions

(viewpoints 1, 20 and 27)

c) a general reduction in the prominence of visible turbines across the Caersws

Basin; and

d) reduced cumulative effects to the east when application stage windfarms are

considered.

4.36 The 2013 SEI refers to ‘significant landscape and visual effects’ occurring at 14 of the

27 viewpoints.

4.37 No significant landscape or visual effects are predicted upon the Snowdonia National

Park or the Shropshire Hills AONB due to the development. However there will be

significant effects upon the access land spanning the development site itself as well as

that on the north face of Garreg Lwyd, 5 km northwest of Rhayader.

4.38 NPS-EN3 acknowledges (paras 2.7.48 – 2.7.49) that:



‘Modern onshore wind turbines that are used in commercial windfarms are large

structures and there will always be significant landscape and visual effects from

their construction and operation for a number of kilometres around a site.

The arrangement of wind turbines should be carefully designed within a site to

minimise effects on the landscape and visual amenity while meeting technical and

operational siting requirements and other constraints.’

4.39 I conclude that on the basis of the assessment within the 2013 SEI, the Applicant has

minimised the landscape and visual effects of the windfarm. The omission from the

proposal of 8 turbines (3 – 2011 SEI; 5 – 2013 SEI) has reduced the maximum

generating capacity from 126MW as originally proposed to 102MW as currently

proposed, a 19% reduction in capacity from the original proposal.

4.40 NRW asserts an additional landscape and visual impact due to the dedicated 132 kv

grid connection to Welshpool substation. The overhead line design as described in the

Planning Officer’s report (25th October 2012) refers to the installation of

approximately 35km of 132kv single current overhead lines supported in

approximately 394 new timber pole supports. The minimum ground clearance is

6.7m. Span lengths vary from 53m to 110m with an average span of 85m between

supports. Pole heights vary from 11.5m to 15m.

4.41 In Annex C of TAN8 ‘Description of Renewable Energy Technologies’, reference is

made to grid connections being ‘achieved either by a standard 3 wire system on

wooden poles (as proposed by SP Manweb plc.) or by underground lines’. This form



of installation is referred to by The First Minister in his letter to LPA’s of July 2011.

He stated:-

’TAN8 details that any connection from a substation to the nearest point of

distribution network would be ‘achieved by a standard 3 wire system on wooden

poles or by underground lines’. This remains the Welsh Government’s view and

is reinforced by the approach set out within the Renewable Energy Route Map

for Wales in 2008, and the Energy Policy Statement in 2010.’

4.42 The 132 kv overhead line is required to connect the repowered Llandinam windfarm

to the existing Welshpool substation. The infrastructure does not require large visually

intrusive, high voltage grid network infrastructure. The environmental impacts of the

proposed overhead lines are addressed by SP Manweb and referred to at Section

6.6.5.1 of the 2013 SEI. The NTS to the Addendum to the Llandinam Grid

Connection Environmental Statement acknowledges that there would be some

‘significant residual effects remaining’, including ‘visual effects on the visual amenity

of some residents near Forden, users of some short sections of public footpaths and

roads in both areas and users of the public forest near Bryn Pica.’ In the context of the

overhead line extending over 35km, some significant residual effects are probably

inevitable. The physical form of the overhead line comprising wooden poles has

sought to minimise its effects on the surrounding landscape and visual amenity.

Impacts upon Biodiversity



4.43 This objection is also raised by NRW and the Alliance. I rely upon the evidence of

David McArthur, Phil Whitfield and Stephen Holloway in respect of the assessment

of the impacts on biodiversity particularly on curlew and bats and the River Wye SAC

and have considered the 2013 SEI.

4.44 The 2013 SEI has specifically considered the position taken against the proposal by

NRW which refers to a lack of mitigation to offset potential adverse displacement

effects on breeding curlew. Appendix 7.2 to the 2013 SEI comprises a Breeding Birds

Protection Plan.

4.45 Natural Research conclude (2013 SEI para 7.6.5):

‘Embedded mitigation, through the BBPP will ensure that breeding curlew will

not be adversely affected by the Development through disturbance creating

potential adverse displacement effects during decommissioning of existing

turbines, construction of the proposed turbines and decommissioning of the

proposed turbines. It is arguable as to whether any displacement of curlew will

occur during these phases on available evidence; nevertheless the embedded

mitigation of the BBPP will prevent even the worst case possibility of

displacement occurring.’

4.46 In respect of the impact of the windfarm on bats the 2013 SEI concludes (para

3.6.8(2)):

‘… the repowering and extension of the Development, utilizing larger but fewer turbines

would not have a significant effect on the sustainment of local bat populations. As such

the conclusions of the original ES, that any residual impact would be minor, stand.’



4.47 The design changes to the proposed windfarm are considered to result in a lesser

impact than the original scheme. I conclude that there is no serious harm to interests

of significant biodiversity value.

Impacts on hydrology, hydrogeology and peat resource

4.48 This issue has been further addressed in the SEI submitted April 2013.

4.49 The removal of approximately 1.8km of track (including turning areas) and 5 turbines

and hardstanding is a positive effect since the 2011 SEI amendment to the scheme,

reducing the overall magnitude of impact upon geological, hydrological and

hydrogeological considerations. The 2013 SEI describes the residual effects and

conclusions of the design changes. The significance of the impact of the wind farm on

the geology, hydrology and hydrogeology of the site and associated water dependant

habitats and designations would be negligible to minor.

4.50 I conclude from the specialist assessment that there is no serious land use objection

based upon the impact of the proposed wind farm, on the geology, hydrology and

hydrogeology of the site. The 2013 SEI addresses the potential impact of the

development on the River Wye SAC on an individual basis for Llandinam

repowering, and on a cumulative basis with other wind farms. The assessment

concludes that this is the case even in the absence of mitigation measures. The 2013

SEI concludes that with good practice construction methods and the proposed



drainage practice, the risk of any sediment transport to the River Wye SAC would be

reduced to negligible. I conclude that the concerns raised as to the impact on the SAC

are unfounded with robust evidence.

Impact arising from noise emissions

4.51 I rely upon the expert evidence of Dr Matthew Cand, Hoare Lea Consulting. The SEI

submitted in April 2013 addressed the noise impact arising from the amended scheme.

4.52 The decommissioning and construction noise assessment has determined that noise

emissions during these activities may be audible at various times throughout these

operations, but will remain within set limits. The operational noise assessment also

demonstrated that the noise limits would be met at all of the neighbouring residential

properties identified.

4.53 The cumulative effect of noise emissions from other existing consented or proposed

wind farms in the area has been considered along with Llandinam repowering. The

assessment has shown that the derived operational limits would be met at nearby

dwellings.

4.54 I conclude from the specialist evidence that Llandinam repowering, considered

individually or on a cumulative basis, would not give rise to serious levels of noise

disturbance during the decommissioning / construction phases, or when operational.



Impact upon cultural heritage assets

4.55 I rely upon the assessment undertaken in the SEI submitted in April 2013.

4.56 The 2011 SEI responded to comments made to the original ES with the removal of

three turbines in the north-west of the site to reduce the potential impact upon the

Caersws Basin Historical Landscape. The 2013 SEI has reduced this impact further,

through the removal of a further five turbines. The consultants conclude that

following the implementation of the mitigation measures outlined in the ES and 2011

and 2013 SEIs, no significant effects are predicted on any cultural, heritage or

archaeological sites associated with the development.

4.57 I conclude that the significance of the historic environment is preserved by this

proposal (CCW para 6.1.1). I consider that the development secures ‘the conservation

of the historic environment while ensuring that it accommodates and remains

responsive to present day needs.’ (CCW para 6.1.2)

Other concerns raised by the Alliance

4.58 In the Alliance statement dated 24th February 2013, reference is made to the calling of

evidence on the following topics, which hitherto have not been referred to in this

proof of evidence, namely:

(i) Community consultation



(ii) Tourism and local economy

(iii)Community costs and benefits

(iv)Health and well-being

(v) Community effects in the Uplands

(vi)Community effects in the Lowlands

4.59 Presently I remain unclear as to the basis of the case to be advanced by the Alliance

under each of these topics in respect of the Llandinam proposal. As such I respond

within this proof of evidence to the planning position as I see it.

Community Consultation

4.60 The ES refers at Section 2.5 to Scoping and Consultation. Table 2.1 identifies a list of

statutory and non-statutory consultees notified of the proposals. Public consultation

was undertaken during December 2007 over 3 days. Over 100 people attended the

first round of public consultation.

It seems to me that over the past 5 years, the public has had ample opportunity to

ventilate opinions on the merits or otherwise of this proposal. As such I cannot

identify any deficiency in community consultation, the deficiencies of which might

form a basis for refusal of this application. A second round of consultation occurred

following the submission of the planning application.

Tourism and the Local Economy



4.61 The Planning Officer’s report to the Committee 25th September 2012 makes reference

to concerns raised as to the impact of the proposed development on tourism. The

Planning Officer refers to the 2011 SEI and rebuttal information provided by the

Applicant.

4.62 Various studies have been undertaken to assess the economic impact of windfarms on

tourism, including:

• Investigation into the potential impact of windfarms on tourism in Wales –

October 2003

• The economic impacts of windfarms on Scottish tourism – March 2008

• The impact of wind turbines on tourism – a literature review for Isle of

Anglesey County Council – February 2012

• Tourism impact of windfarms submitted to Renewables Inquiry Scottish

Government – April 2012

4.63 The conclusions of Professor Cara Aitchinson in her report to the Renewables Inquiry

provide an appropriate summary of the findings of the research that has been

undertaken to date namely:

3.1 ‘Although tourism research relating to windfarm developments is limited

compared with that on policy, landscape, ecology and noise it is increasingly

evident that there is an emerging consensus within the research examining the

actual and potential impact of windfarms on tourism. The clear consensus is that



there has been no measurable economic impact, either positively or negatively, of

windfarms on tourism. Similarly, there is consensus among researchers of studies

that have sought to predict the more specific potential economic impact of

windfarms on tourism. Here again, there is no evidence to support the assertion

that windfarms are likely to have a negative economic impact on tourism.’

3.2 ‘The opposition to windfarms on tourism grounds is informed more by fear

than fact. The research conducted by GCU stated that ‘Importantly, respondents

that had seen a windfarm were less hostile than those who had not’ (Glasgow

Caledonian University, 2008: 3). Starling’s and Glasgow Caledonian

University’s findings therefore lend support to Young’s (2003) research; namely,

that opposition to windfarms tends to fall after construction.’

3.6 ‘Taking the above factors into account in a critical review of previous

research, and contextualising such research in relation to both the tourism

geography of Scotland and wider Visit Scotland tourism policy, it can be

concluded that:

• A managed and sustainable approach to windfarm development in

Scotland is likely to have little or no impact on tourist numbers (volume),

expenditure (value) or experience (satisfaction)

• Any impact is as likely to result in more tourist visitors as it is fewer

tourists

• Although a very small number of current visitors might choose not to

repeat their visit because of the presence of a windfarm this number is

likely to be off-set by additional tourists who visit irrespective of the

presence of a windfarm, return because of the windfarm or visit for the

first time because of the windfarm

• Tourist numbers are likely to increase significantly if the windfarm is

accompanied by a visitor attraction.’

3.8 ‘In conclusion, the findings from both primary and secondary research

relating to the actual and potential tourism impact of windfarms indicate that

there will be neither an overall decline in the number of tourists visiting an area



nor any overall financial loss in tourism-related earnings as a result of a

windfarm development.’

4.64 In April 2013 YouGov Plc were commissioned by Renewable UK Cymru to

undertake an on-line survey to establish public attitudes towards large scale energy

projects. The survey results suggest that almost two-thirds of people in Wales support

the development of wind power as part of a mix of renewable and conventional

energy production. Two-thirds of people who responded to the survey indicated that

the presence of a wind farm would not affect their decision to visit an area. The

datasheet from the survey is attached as APPENDIX 4

4.65 NPS EN-1 states at (para 5.12.7) that ‘limited weight is to be given to assertions of

socio-economic impact that are not supported by evidence (particularly in view of the

need for energy infrastructure as set out in this NPS)’. I conclude that there is no

robust evidence to substantiate an objection to the granting of consent for Llandinam

on the basis that this proposal would give rise to unacceptable effects on local

tourism. In that Llandinam is a repowering of an existing windfarm with fewer, but

taller wind turbines, the existence of wind turbines forms part of the established rural

scene for tourists. The Welsh Government refer generally to the benefits of the

renewable sector in supporting 13,000 jobs in Wales 2009/10 (Energy Wales: A Low

Carbon Transition March 2012).

Community Costs and Benefits



4.66 The UK Renewable Energy Road Map 2012 Update states ‘onshore wind provision

substantial economic benefit’. In January 2013 Regeneris Consulting and the Welsh

Economy Research Unit at Cardiff Business School published a report titled

Economic Opportunities for Wales from Future Onshore Wind Development. The

summary of Local Economic Benefits is set out at APPENDIX 5.

4.67 The findings of the research indicate that overall there are benefits to local

communities from hosting windfarms. The report concludes that:

(i) If Welsh Government ambitions for onshore wind are met, significant

economic opportunities exist for the Welsh economy.

(ii) The Report indicates that £2.3 billion GVA could be added to the Welsh

economy between 2012 and 2050 with over 2000 jobs on average per annum.

4.68 I conclude that the impact of the proposed repowering of Llandinam on the local

community is acceptable.

Health and Well-being

4.69 Presently in the absence of the Alliance setting out in a statement of case the precise

issues related to ‘health and well-being’ which are to be called in evidence, I am not

in a position to consider the substance thereof. I will consider this matter further when

the case has been particularised. In so far as I anticipate that these assertions may be



derived from noise levels this matter is probably addressed adequately through the

evidence of Dr Cand.

1) Community effects in the Uplands

2) Community effects in the Lowlands

4.70 For similar reasoning to the matters referred to above, I am not aware of any

substance to the case proposed to be advanced by the Alliance. I will consider this

matter further if and when the Alliance outline the substance of their planning

arguments.



Third Party Representations

4.71 I believe that I have read all letters received by DECC from members of the public

which set out objections to this repowering proposal. The most prevalent concern

appears to be the assertion that the proposal will harm the local economy, with its

particular reliance upon tourism. For the reasoning that I have set out above I consider

that there is no robust and cogent evidence that this development will have a harmful

effect upon the local economy or harm the attraction of Mid Wales to tourism.

4.72 Other recurring themes in the letters of representation include:

- Landscape and visual concerns

- Impacts on ecology

- Impact of noise

- Impact of traffic movement particularly during construction

- The weight to be given to TAN8

- Property devaluation

- Impact of grid connection

4.73 I have addressed most of these matters in the preceding sections of this proof of

evidence. TAN8 remains extant planning policy for the Welsh Government, and its

guidance is referred to in the recently published Planning Policy for Wales Edition 5

November 2012.



4.74 I consider that the contention the repowering of Llandinam, as a new development,

would in itself cause a general devaluation in property values is neither substantiated

by cogent evidence, or even if there is some general effect on values would be

regarded as amounting to a land use planning consideration. The ES has established

that the repowering of Llandinam would not have a direct impact upon the level of

amenities enjoyed by occupiers of nearby property, such as to make living in these

properties unattractive.



5.0 THE PLANNING BALANCE

5.1 Within the context of the national commitment to address the effects of climate

change, and the UK’s international obligations it is recognised that some people

question the deployment of onshore wind farm development as a matter of principle.

A large modern wind turbine has a ‘Marmite’ characteristic; to some the scale and

physical form is iconic, to others, wind turbines are regarded as being alien

monstrosities in the open countryside.

5.2 The submission of an application for wind farm development under Section 36 of the

Electricity Act, or indeed under Section 78 of the Town and Country Planning Act

1990, is not a forum for challenging established Government policy. Onshore wind

farm development forms a significant part of the ‘mix’ of renewable energy

infrastructure which Parliament and the Welsh Government relies upon to deliver the

agenda to address the adverse effects of climate change. Indeed Planning Policy

Wales issued November 2012, the most up to date statement of planning policy by the

Welsh Government, states: (para 12.8.12)

‘The potential for renewable and low carbon energy in Wales as established in

the Energy Policy Statement 2010 demonstrates that strategic scale wind energy

continues to offer the greatest potential (for activities within the control of the

planning system in Wales). Wales has an abundant wind resource and power

generation using this resource remains the most commercially viable form of

renewable energy.’



5.3 Some local residents question the reliance to be placed on TAN8: Planning for

Renewable Energy in the determination of this application. Nevertheless, it is quite

clear that the guidance in TAN8 remains apposite in its expression of the Welsh

Government’s policy for onshore wind farm development. The submission of this

application is not an opportunity for opponents of the proposal to seek to re-write or

redirect the advice within TAN8.

5.4 The Welsh Government accepts that the introduction of ‘new, often very large

structures for onshore wind needs careful consideration to avoid and where possible

minimise their impact.’ (PPW para 12.8.12) TAN8 has identified broad-brush areas

where large scale onshore wind developments should be concentrated (SSAs).

Indicative capacities are identified representing ‘a 1/3 reduction on the maximum

capacities identified by Garrad Hassan as reviewed by ARUP in their 2005 Report.’

(Footnote to Table 1: TAN8)

5.5 Llandinam lies outside of SSA C: Newton South as illustrated on Map 4 in TAN8.

The proposal is not for a new wind farm, in the sense of the installation of a wind

farm in an otherwise undisturbed tract of open countryside, but is the re-powering of

an existing wind farm. The Welsh Government particularly foresaw the circumstance

of ‘ageing’ established wind farms in the context of duration and evolving technology.

Para 2.14 of TAN8 states:

‘There will also be opportunities to re-power and / or extend existing wind farms

which may be located outside SSAs and these should be encouraged provided that

the environmental and landscape impacts are acceptable.’ (emphasis added)



5.6 The Welsh Government maintains this position, as evidenced by the correspondence

to this Inquiry dated 21st January 2013. I, of course, note the emphasis placed within

the text of the letter in the worded ‘provided’ (that the environmental landscape

impacts are acceptable). Subject to this important caveat, the principle of re-powering

and / or extending of an existing wind farm which may be located outside of a SSA is

to be ‘encouraged’ as a matter of national planning policy. I consider that subject to

this caveat, the policy encouragement for repowering as a matter of principle is a

feature that weighs in favour of the Llandinam proposal whether regarded as being

located within SSA-C or outside.

5.7 I consider that the repowering of Llandinam is to be supported in principle whether

Llandinam is to be regarded as being located outside SSA C – as it is on the ‘broad

brush’ map contained within TAN 8, or within the refined SSA C as assessed by PPC.

I have noted the statement in the Planning Officer’s Report that ‘the refinement study

has not been adopted by PCC as planning policy or as Interim Planning Control

Guidance’ (p.47). However the report refers at para 2.2 to a Board authorisation for

the IDCG ‘for use in development control with immediate effect’. This is consistent

with the reference to this document on the Council’s website. If Llandinam

repowering is reasonably to be regarded as being within a Strategic Search Area, then

the encouragement for repowering should be given added weight in its locational

advantage as one of the areas of Wales considered to be strategically most suitable to

accommodate large scale wind farm development.



5.8 The need for wind energy is a key part of meeting the Welsh Government’s vision for

future renewable electricity production as set out in the Energy Policy Statement 2010

(PPW para 12.8.12). The Welsh Government is committed to using the planning

system to ‘optimise renewable generation and recognises that the benefits of

renewable energy are part of the overall commitment to tackle climate change by

reducing greenhouse gas emissions as well as increasing energy security.’ (PPW

12.8.8)

5.9 The overarching National Policy Statement for Energy (NPS EN-1) refers to the UK

commitment to sourcing 15% of energy from renewable sources by 2020. Para 3.4.5

states:

‘To hit this target and to largely decarbonise the power sector by 2030, it is

necessary to bring forward new renewable electricity generating projects as soon

as possible. The need for new renewable electricity generation projects is

therefore urgent.’

5.10 A distinct and advantageous feature of the Llandinam repowering project is the fact

that the Applicant has a contractual provision for a grid connection at the existing

Welshpool 132Kv substation. The connection between a new onsite substation and

Welshpool via an overhead wood pole line is the subject of a separate application at

this Inquiry under Section 37 of the Act.

5.11 It is understood that the Llandinam repowering project could be commissioned within

a period of 25 months as identified at Table 4.1 of the ES. I believe Llandinam



repowering would be able to contribute to the ‘urgent need’ through the availability of

the Grid connection earlier.

5.12 It forms no part of Welsh Government policy, or the provisions of the National Policy

Statements, that the ‘urgent need’ for new renewable electricity generation projects

should necessarily outweigh all other land use planning considerations. NPS EN-1

acknowledges that a wind farm of 50MW capacity or greater will ‘inevitably have

some visual and/or noise impacts particularly if sited in rural areas.’ (para 2.7.2)

5.13 In undertaking the planning balance I have relied upon the specialist advice of other

consultants whose assessments under a range of environmental topics are addressed

within the ES and accompanying SEIs. I have not identified any ‘environmental and

landscape impacts’ arising from this proposal which should outweigh the

encouragement given to repowering projects.

5.14 I have subsequently considered the arguments that are to be presented by the Alliance,

and those that have been expressed by third parties against the granting of consent.

Planning decisions are not determined by way of a plebiscite. No matter how many

letters of objection may be submitted to a particular development project it is always

important to examine the substance of objections to form a judgement as to whether

the argument against the granting of consent is supported by cogent evidence.

Tackling climate change is a fundamental part of delivering sustainable development.

(PPW para 4.5.1) The consequences for Wales arising from the impact from climate

change for Wales are set out at PPW para 4.5.4.



5.15 I have considered each of the topics identified by the Alliance, and particularly the

concerns of third parties who contest that the granting of consent would harm the

local economy and damage its propensity to attract tourists. For the reasons I have set

out I conclude that the fears expressed are not supported by robust evidence which

could begin to outweigh significant planning advantages from allowing this

development in the wider public interest. I acknowledge that during the

decommissioning and construction period of some 25 months, there will inevitably be

some degree of disturbance to local people living their daily lives. I similarly

acknowledge that when operational there will be some environmental effects, and

there will be people who will never be content that planning permission has been

granted for repowering of Llandinam.

5.16 All development brings about change to the local environment in which it is situated.

The planning objective is to seek to avoid and, where possible, minimise the impact of

large-scale wind turbines. The Applicant has reasonably and properly responded

during the consultation process and has omitted 8 turbines from the original proposal

in an endeavour to reach an acceptable scheme. In my judgement the environmental

and landscape impacts which cannot be mitigated (as set out in the ES and SEIs) are

acceptable within the land use planning system.

5.17 I am hence firmly of the opinion that Llandinam Repowering is to be encouraged and

planning permission granted accordingly. It seems to me that the Llandinam proposal

accords with the relevant policy matrix. In any event, even if someone takes a



different view from me and asserts some material failure to accord with the prevailing

policy matrix, the other material considerations here militate decisively in favour of

consent being granted under the Section 36 application under the 1989 Act, and

planning permission being deemed to be granted under section 90(2) of the 1990 Act.



6.0 SUMMARY AND CONCLUSIONS

6.1 I have structured the summary and conclusions arising from my proof of evidence into

three parts namely:

• A summary of the legislative and planning policy considerations which are

relevant to this proposal.

(The above summary forms the Statement of Case for consideration at the

Hearing session).

• A summary of the site-specific considerations arising from the proposal to

repower Llandinam wind farm.

• The undertaking of the planning balance, reaching a conclusion on the

overall planning merits of this proposal.

Summary of the legislative and planning policy considerations which are relevant to this

proposal

6.2 The courts have indicated that, in the context of an application submitted under

Section 36 of The Electricity Act (with a parallel request for a direction under section

90(2) of the 1990 Act that planning permission be deemed to be granted), statutory



primacy is not given to the provisions of the development plan in that section 38(6) of

the 1990 Act is not engaged. Even were one, however, to apply the section 38(6) test,

there is no material failure here to accord with the development plan; and, further,

even were one to find some failure to accord, the other material considerations here

still result in a positive overall balance such that consent and deemed permission

should issue. The development plan is the adopted Powys UDP 2001 – 2016 which

was adopted in 2010. The UDP is a material consideration; the dominant policy is

Policy E3 – Wind Power. Policy E3 does not provide spatial planning guidance for

the location of wind farm development, but sets out a range of environmental and

technical considerations which should be addressed in order to determine whether a

particular proposal will be approved. These criteria have all been taken into account

within the ES, 2011 SEI and 2013 SEI. I will address these considerations in the

second part of my Summary.

6.3 It forms no part of this Inquiry to challenge the assumptions made and conclusion

reached by Government as to the response to climate change, or to the inclusion of

on-shore wind as a component of renewable energy technology. Similarly the

controversy as to the efficiency of wind turbines as a contributor to renewable energy

development is not a matter for this Inquiry.

6.4 The position of the UK Government may be summarised as follows:

1) Large-scale energy infrastructure development has ‘a vital role in ensuring

we have the secure energy supplies we need’ NPS EN-1 para 2.1.2.



2) This need arises from:

• meeting energy security and carbon reduction objectives.

• the need to replace closing electricity generating capacity.

• the need for more electricity capacity to support an increased

supply from renewables. The Government states that ‘in the short

to medium term, much of this new capacity is likely to be onshore

and offshore wind.’ (NPS-EN1 para 3.3.10)

• the urgency of the need for new electricity capacity. The

Government states:

‘In order to secure energy supplies that enable us to meet our

obligations for 2050, there is an urgent need for new (and

particularly low carbon) energy NSIPs to be brought forward as

soon as possible, and certainly in the next 10 to 15 years, given

the crucial role of electricity as the UK decarbonises its energy

sector.’ (NPS-EN1 para 3.3.15)

3) The Government acknowledges that it will not be possible to develop the

necessary amounts of such infrastructure without some significant residual

adverse impacts. (NPS EN-1 para 3.2.3.

It is stated in NPS EN-1 para 1.7.2: -

‘The development of new energy infrastructure, at the scale and speed

required to meet the current and future need, is likely to have some

negative effects on biodiversity, landscape / visual amenity and cultural

heritage… Short term construction impacts are also likely through an

increased use of raw materials and resources and negative effects on the

economy due to impacts on existing land and sea uses. In general it



should be possible to mitigate satisfactorily the most significant potential

negative effects of new energy infrastructure…’

6.5 As a matter of relevant planning policy it is considered that the main policy

considerations for this proposal (and others at the conjoined inquiry) are the national

policy statements NPS EN-1 and NPS EN-3. NPS EN-3 acknowledges that on-shore

wind farms are the ‘most established large scale source of renewable energy within

the UK’ and ‘will continue to play an important role in meeting renewable energy

targets’ (para 2.7.1).

6.6 NPS EN-3 has identified a range of impact assessment principles relating to on-shore

wind development including:

- Biodiversity and geological conservation

- Historic environment

- Landscape and visual

- Noise and vibration

- Shadow flicker

- Traffic and transport

6.7 The significance of the effect of the proposed repowering of Llandinam windfarm has

been addressed in the ES, 2011 SEI and 2013 SEI. The fact that the proposal may give

rise to significant effects, which have an adverse impact, is not to be equated with the

impacts being unacceptable, justifying the refusal of planning permission. It is

necessary to undertake an overall balance to establish where the advantage lies on the

overall public interest. The list of assessment effects identified in NPS EN-3 is



accepted as not being conclusive. Other issues, including, for example, the concern

that the development will adversely impact upon tourism, need to be accounted for in

the planning balance (addressed later).

6.8 The overall objectives of the UK Government to address the effects of climate change

are shared by the Welsh Government. The Cabinet Foreword to the Energy Policy

Statement March 2010 (EPS) states:

‘Climate change is the greatest environmental, economic and social challenge facing

the planet. Unless the global emissions of carbon dioxide and other greenhouse

gases from energy generation and other human activities peak by around 2015 and

then rapidly diminish, the world will probably see a global temperature rise of 4°C

by around 2060 resulting in famine and droughts in many parts of the world,

significant sea level rises, and an increasing risk of further catastrophic climate

changes.

Our future well-being, both material and social, will be dependent on achieving

sufficient supplies of affordable low carbon energy. This move to a low carbon

economy is an essential part of our commitment as a Government to sustainable

development. Done successfully it will strengthen our economic well-being, improve

the environment and help to address key social issues such as fuel poverty.

This statement also reflects the UK policy position, the work of the UK Climate

Change Commission and the UK National Policy Statements on Energy and

Renewables.

Wales once led the world in carbon-based energy. Our goal now is to do the same

for low carbon energy. This is a challenging but exciting and vital agenda. We are



committed to work with all sectors and across all aspects of the Assembly

Government’s responsibilities within a very strong sustainable development

framework in order to make it a reality.

6.9 The EPS continues:

‘Our commitment to action on climate change here in Wales is based on a

scientific imperative to act urgently to reduce emissions.

That scientific imperative remains and the absence of an international agreement

should not deflect us from being as ambitious as possible. Indeed, the importance

of demonstrating continued leadership on climate change is perhaps greater than

ever.’

6.10 The aim of the EPS is to have 4.5KWh/d/p of installed on-shore wind generation

capacity by 2015/2017. This aim requires a total capacity of 2GW (Appendix 1 to the

EPS). In October 2012 a Review of Wind Farm Developer Interest published by the

Welsh Government recorded an operational capacity of 388.3MW for wind farm

development of over 5MW. The capacity of schemes ‘in planning’ amounts to almost

2GW (in planning 1068.5MW, consented 963.8MW). The task to achieve the aim of

the Welsh Government is undoubtedly very substantial and an urgent one.

6.11 Spatial planning guidance for the location of large-scale wind farms is provided by

TAN8. The underlying purpose of the brief provided to consultants ARUP by the

Welsh Government was to identify areas of Wales which are considered the most



suitable to accommodate large scale wind farms in response to the Welsh

Government’s aim to achieve a renewable energy target of 4TWh per annum by 2010.

6.12 The Welsh Government announced the need to plan for between 800 – 1000 MW of

installed capacity of on-shore wind (some 400 – 600 additional turbines

approximately) by 2010 if there was to be a realistic chance of achieving the 4TWh

target. (Facilitating Planning for Renewable Energy in Wales Review of Final Report

June 2005)

6.13 It is clearly evident that the focus of the ARUP study to identify SSAs was to identify

new locations for large-scale wind farm development. As such it is entirely logical

that TAN8 makes a separate reference (para 2.14) to the potential opportunities to

repower and/or extend existing wind farms which may be located outside SSAs.

TAN8 para 2.4 states:

‘… these should be encouraged provided that the environmental and landscape

impacts are acceptable.’

6.14 NPS EN_3 similarly recognises the likelihood of applications being prepared for the

repowering of existing sites (paras 2.7.25 – 27, 28). It is stated:

‘In determining an application for the repowering of a site, the proposed

replacement scheme should be determined by the IPC on its individual merits.’



6.15 The environmental and landscape impacts arising from a repowering scheme are

likely to be different to a proposal for a new wind farm in that:-

1) a repowering project involves the installation of modern turbines, fewer but

larger, in a locality that has already accommodated wind turbine technology.

2) the existence of a wind farm will be an established component of community

life within its locality.

3) a repowering project may provide the opportunity for existing infrastructure to

be re-used. In the case of Llandinam c 10km of existing roadways are to be re-

used.

4) an existing wind farm will already have a grid connection, albeit as in the case

of Llandinam a new connection to the grid may be required to serve the

increased power rating, with consequential environmental effects in the

provision of new infrastructure.

In short it is considered that, in the context of Llandinam, there is a genuine planning

fall-back situation, the continuance of the existing wind farm, which should be

factored into the overall planning balance when considering the ‘environmental and

landscape impacts’ of the repowering proposal (particularly in the context of the

subsisting planning permission not being conditioned to a limited period).

6.16 The SSAs boundaries identified in TAN8 were drawn at a ‘broad brush’ scale (para

2.4). The existing Llandinam wind farm lies within 2km of the western boundary of

SSA-C as may be interpreted from Map 4 (TAN8). TAN8 states that it is a matter for

LPAs to undertake local refinement within each of the SSAs in order ‘to guide and

optimize development with each of the SSAs’ (para 2.4).



6.17 Powys CC engaged upon such an exercise in 2006 and commissioned ARUP (the

same consultants for the identification of SSAs in TAN8) to undertake a ‘local

assessment / refinement exercise’ of SSA-B and C within a 5km band of the SSAs

identified in TAN8. The refinement exercise had regard to the following factors:

• Landscape factors (this was a primary consideration in the study);

• Proximity to and impact upon residential buildings;

• Statutory and non-statutory designation within the SSA;

• Biodiversity impact;

• Potential highways constraints and access issues;

• Wind speed;

• Land ownership and constraints;

• Topography;

• Archaeology;

• Hydrology

• Connection to the electricity grid.

6.18 The results of the refinement exercise show a redrawing of the western boundary of

SSA-C which now entirely includes the amended scheme for Llandinam. (IDCG Map

2) The relationship of the Llandinam application site; the existing array; the amended

proposals for 34 turbines, and the boundary of SSA C as shown in TAN8 and the

IDCG are shown on the drawing attached as APPENDIX 2 to this evidence.



6.19 It is acknowledged that the IDCG has not been formally adopted by Powys CC as a

supplementary planning document. The IDCG has been subject to two periods of

public consultation (2006 / 2008). Prior to the second period of consultation the PCC

board formally authorised the second draft IDCG for use in ‘development control with

immediate effect’. This remains the status of the IDCG as explained on the Council’s

website.

6.20 It is considered that the Llandinam proposal has strategic planning encouragement in

principle, as a repowering project, and in response to the local refinement assessment

undertaken by Powys CC pursuant to the guidance of TAN8, lies within a geographic

area of Wales that is considered to be the most suitable to accommodate large scale

wind farm development – a SSA.

6.21 The site-specific landscape and environmental effects are addressed in the second part

of this Summary. A second matter of principle centres on the issue of the ‘TAN8

targets’. Table 1 of TAN8 refers to ‘indicative targets’. The footnote to Table 1 states

that the figures ‘represent a 1/3 reduction on the maximum capacities identified by

Garrad Hassan (GH) as reviewed in their 2005 Report.’

6.22 It is evident by referring back to the GH report that its work provides an ‘informed

view on the broad capacity limits of the areas and the headline common factors which

are likely to influence these limits.’ GH assumed a Base Case capacity as a ‘feasible

maximum capacity of each SSA’ (para 2.1) with the assumption of a 2MW turbine

with an 80m hub as a ‘typical onshore turbine specification for use in relatively



complex terrain, up to the year 2010’. The Llandinam repowering is for turbines up to

3MW. The capacity identified by GM would be different if the assumption had been

made for the use of turbines up to 3MW.

Para 2.5 of TAN8 makes the point that:

‘There may be practical, technical and/or environmental reasons why the

capacity may be more or less (emphasis added) than that indicated.’

6.23 The Welsh Government, in the Written Statement of 17th June 2011 and the letter to

Local Planning Authorities in July 2011, has raised concern that developer interest in

the SSAs has ‘greatly exceeded these (TAN8) indicative figures’. The Welsh

Government believes that this level of development is unacceptable in view of its

wider impacts on the local scene. In the correspondence to the LPAs the Minister for

Environmental and Sustainable Development stated:

‘TAN8 fully recognised the reinforcement of the transmission network in Mid

Wales as necessary to the realisation of additional generating capacity in the

area as well as providing a stronger more reliable network for energy users.

TAN8 set out the Welsh Government’s view that connections from the individual

turbines to a substation is “via underground cables”. TAN8 details that any

connection from a substation to the nearest point of the distribution network

would be “achieved by a standard 3 wire system on wooden poles or by

undergrounded lines”. This remains the Welsh Government’s view and is

reinforced by the approach set out within the Renewable Energy Route Map for

Wales in 2008, and the Energy Policy Statement in 2010. Provided development

is limited to the maximum capacities above, we do not believe that there is a need

for the large, visually intrusive, high voltage grid network infrastructure and



associated sub station of the kind proposed within Mid Wales. Where new grid is

required, we expect the grid company and regulator to ensure that it is located,

designed and installed as sensitively as possible, using appropriate techniques,

including the use of undergrounding.’

6.24 The proposed grid connection for the Llandinam repowering, which is subject to a

Section 37 application is achieved by infrastructure that would appear to accord with

the Minister’s preference for a ‘standard 3-wire system on wooden poles’. The fact

that the grid connection for the Llandinam repowering is well advanced in the

planning process is significant for the delivery timescale to respond to the urgent

requirement for additional energy production from renewable sources.

6.25 TAN8, and the Welsh Government in the Ministerial Statement referred above, are

material planning considerations. However, TAN8’s content should be set into

context with the primacy of the national policy statements (NPS EN-1 para 1.1.1).

The Secretary of State has recently endorsed the conclusions of an Examining

Authority that:

‘TAN8 [also] identified indicative capacity targets for each SSA, with these

intended to assist the planning process and not to be seen as the definitive

capacity for the area.’ (para 4.169 Brechfa Forest West Wind Farm)

The Secretary of State in his decision letter referred to the ‘nominal capacity of the

SSA.’ (para 23)



6.26 For similar reasoning to the conclusions reached in the Brechfa Forest West Wind

Farm proposal, Llandinam Repowering, and indeed other proposals within SSA C are

subject to environmental assessment, on an individual and cumulative basis. Even if

consent is granted for Llandinam repowering there is no guarantee that all the

proposed wind farms will be consented and built. As such TAN8, viewed with the

Welsh Government statement in 2011, does not provide a policy objection in principle

to wind farm developments that exceed the ‘maximum capacities’ identified by GH.

Furthermore it is evident the reference made by Welsh Government in this statement

is directed to the SSAs as identified in TAN8 (SSA-C Map 4) and not to the

boundaries as identified by PCC in the subsequent refinement exercise. In any event,

as acknowledged by the Welsh Government in its letter of 21st January 2013,

Llandinam repowering falls to be viewed apart from any such debate since it is a

repowering scheme.

6.27 Planning Policy Wales states that the approach of the Welsh Government is ‘to

reduce energy consumption and improve energy efficiency first and maximise

renewable and low carbon energy generation at every scale across Wales. This is part

of a concerted effort to tackle climate change’ (November 2012). In this policy

context the targets referred to in TAN8 for the SSAs should not be considered as

‘ceilings’, but rather – as stated by the Secretary of State in the decision at Brechfa

Forest – a ‘nominal capacity’. The fundamental planning consideration is whether the

landscape and environmental impacts on the various schemes before this conjoined

inquiry are individually and cumulatively acceptable.



6.28 Since Llandinam is a repowering project of an existing windfarm I consider that the

guidance in TAN8 encourages the development whether a windfarm is located within

a SSA or outside. I conclude that as a matter of fact Llandinam is situated outside

SSA-C as identified in TAN8 (Map 4) but within the refined SSA-C as identified by

Powys CC in its refinement study. I have understood the comments made by the

Welsh Government in the June 2011 statement, and January 2013 correspondence to

the conjoined Inquiry to relate to the SSAs as shown in TAN8 and not the refinement

study.

Summary of the site specific considerations arising from the proposal to repower

Llandinam wind farm.

6.29 I have considered the environmental and landscape impacts that have been raised by

PCC, NRW, the Alliance and third parties under a range of topic headings. I rely upon

the specialist evidence of witnesses as I have described in Section 4 of this Proof of

Evidence, and the conclusions reached particularly in the 2013 SEI as a consequence

of the proposal being reduced to 34 turbines.

6.30 I readily acknowledge that this proposal will give rise to some landscape and

environmental effects. The Welsh Government accepts that ‘there will always be

significant landscape and visual effects from their construction [commercial

windfarms] and operation for a number of kilometres’ (NPS EN-3). I further

recognise that there will inevitably be some disturbance to the local community

during the period of construction. Such a consequence is unavoidable. The approach



taken has been an endeavour to minimise all landscape and environmental effects,

hence the decision to reduce the number of turbines from 42 to 34, in the 2013 SEI.

6.31 I have not identified any impact from the proposal which I consider would cause

substantial harm whether considered on the basis of Llandinam repowering alone or

cumulatively. When considering the impacts overall, rather than under the separate

headings in this Proof of Evidence, I am similarly of the opinion that overall the

impacts would not cause substantial harm.

The undertaking of the planning balance, reaching a conclusion on the overall planning

merits of this proposal

6.32 It forms no part of the Welsh Government’s policy, or the provisions of the National

Policy Statements, that the ‘urgent need’ for new renewable energy generation

projects should outweigh all other land use planning considerations. I consider that

the repowering of Llandinam accords with the relevant policy matrix which I have set

out in this Proof of Evidence. The repowering of an existing windfarm is to be

encouraged, whether located within a SSA or outside a SSA, provided that the

landscape and environmental effects are acceptable.

6.33 In undertaking the planning balance, weighing the advantages from allowing this

development to proceed, including the advantage of delivering a renewable energy

development in a shorter period of time relative to other proposals, I believe the

balance of planning advantage in the overall public interest lies firmly in favour of



this application being approved and a deemed planning permission granted. I have not

identified any landscape or environmental effects from this development which I

would consider are not acceptable.

p j frampton proof of evidence -...

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