iddynt anwybyddu’r agwedd hon, gan ystyried ceisiadau o’r ...connect-carmarthenshire.public-i.tv/document/item_3.3_report.pdf · reference W/30204) at Land south of Bryn-Cyrnau-Isaf,

PLANNING COMMITTEE: 21 MAY 2015 1

Mewn perthynas â cheisiadau y mae gan y Cyngor ddiddordeb ynddynt un ai fel

ymgeisydd/asiant neu fel perchennog tir neu eiddo, atgoffir yr Aelodau fod yn rhaid

iddynt anwybyddu’r agwedd hon, gan ystyried ceisiadau o’r fath a phenderfynu yn eu

cylch ar sail rhinweddau’r ceisiadau cynllunio yn unig. Ni ddylid ystyried swyddogaeth

y Cyngor fel perchennog tir, na materion cysylltiedig, wrth benderfynu ynghylch

ceisiadau cynllunio o’r fath.

In relation to those applications which are identified as one in which the Council has

an interest either as applicant/agent or in terms of land or property ownership,

Members are reminded that they must set aside this aspect, and confine their

consideration and determination of such applications exclusively to the merits of the

planning issues arising. The Council’s land owning function, or other interests in the

matter, must not be taken into account when determining such planning applications.


COMMITTEE:

PLANNING COMMITTEE

DATE:

21 MAY 2015

REPORT OF:

HEAD OF PLANNING

I N D E X - A R E A W E S T

REF.

APPLICATIONS RECOMMENDED FOR APPROVAL

PAGE NOS.

W/31023

Retrospective application for the erection of a building within the garden for private use at Cwmhebog, Porthyrhyd, Carmarthen, SA32 8PR

4 - 8

W/31690

Installation of a solar park with an output of approximately 5.9mw (re-submission of application reference W/30204) at Land south of Bryn-Cyrnau-Isaf, Cwmffrwd, Carmarthen, SA31 2LS

9 - 26

W/31787

Erection of a single wind turbine measuring 41.4 metres to tip 29 metres to hub (for temporary period of 25 years) at land at, Ystradcorwg, Rhydargaeau, Carmarthen, SA32 7JA

27 - 41

W/31788

Erection of a single wind turbine measuring 41.4 metres to the tip 29 metres to the hub at land at Trefynys, Bronwydd, Carmarthen, SA32 7HU

42 - 55


APPLICATIONS RECOMMENDED FOR APPROVAL


Application No

W/31023

Application Type

Full Planning

Proposal & Location

RETROSPECTIVE APPLICATION FOR THE ERECTION OF A BUILDING WITHIN THE GARDEN FOR PRIVATE USE AT CWMHEBOG, PORTHYRHYD, CARMARTHEN, SA32 8PR

Applicant(s)

MR ANDREW RANDELL

Agent

PROSTEEL CONSTRUCTION - JOHN SMITH

Case Officer

Ceri Davies

Electoral Ward

Llanddarog

Date of validation

15/10/2014

CONSULTATIONS Llanddarog Community Council - Has objected to this application; the reasons for objection are summarised in the Officer’s appraisal. Local Member - County Councillor W Evans has not commented on this application to date. Neighbours/Public - The application was advertised by means of site notice; three letters of representation have been submitted to date objecting to the application; one letter of objection was accompanied by a petition containing signatures from 9 households; the reasons for objection are summarised in the Officer’s appraisal. RELEVANT PLANNING HISTORY There is no relevant planning history APPRAISAL This application has been submitted as a result of an enforcement investigation undertaken by the authority’s enforcement section. THE SITE The application site forms part of the residential curtilage associated with Cwm-hebog, a stand-alone residential dwelling which is located approximately ½ mile north-east of the village of Porthyrhyd. To the north of Cwmhebog is the A48 Dual Carriageway, whilst immediately south is the Gwendraeth Fach watercourse; access to the property is gained


via an unclassified road which leads to a dead-end; this effectively makes Cwmhebog the end property off the said road. The unclassified road was formerly a through road from Porthryhyd to Penrhiwgoch but has since been dissected by the aforementioned A48 trunk road. Cwmhebog has an extensive residential curtilage to the rear. THE PROPOSAL This application is retrospective in nature and seeks full planning permission to retain a building, built without the benefit of planning permission within the rear garden. The shed measuring 151 metres x 9.1 metres and with a ridge height of 6.7 metres is to be used for domestic purposes with the applicant/agent highlighting in the description of the proposal that the building will be for ‘private’ use only. On closer inspection of the site, it is evident that the building is currently being used to store some of the applicant’s own domestic vehicles and also vehicles which he advises are used as part of his hobby which involves modifying and adapting vehicles for ‘drifting’. For the purposes of clarification Members are advised that ‘drifting’ is a motorsport discipline which involves a driving technique, where the driver intentionally over-steers, causing loss of traction in the rear wheels or all tyres, while maintaining control from entry to exit of a corner. Car drifting events are held at racing circuits such as Pembrey. POLICY POLICY In the context of the current development control policy framework, proposals of this nature must be examined against the general requirements of Policy GP1 of the Carmarthenshire Local Development Plan (LDP). LETTERS OF REPRESENTATION One letter of objection was originally submitted from the adjacent landowner with an attached petition consisting of names of persons ‘objecting’ to the application; in total the occupiers of nine households have signed the said petition. Following further discussions with the said objector, whereby it was conveyed to him that greater weight would be afforded to individual letters of objection rather than to signatures on a petition, a further two letters of objection have been submitted to the authority. In addition, the Community Council has objected to the application. The main areas of concern are summarised as follows:

Shed is outside defined settlement development limits

Scale/size of the building/disproportionate nature of the building

Industrial/agricultural appearance of the building

Generation of traffic/additional vehicular movements along a narrow road

Impact of additional traffic on the nearby bridge

Building will be used for commercial purposes and maintenance/repair of vehicles.

CONCLUSION With regard to the concerns raised by objectors and the Community Council, in the first instance it is acknowledged that the shed is large in terms of its appearance and scale; furthermore it does seem somewhat over-engineered for the purposes of a domestic shed.


However, whilst the building occupies an open countryside location, the shed is clearly not visible from the wider area and is well screened by virtue of the presence of mature hedgerows and trees along the perimeter of the curtilage. In terms of its siting therefore, the shed does not occupy a conspicuous location hence does not have an adverse affect on the character and appearance of the surrounding locality. Be it not for the fact that the application site is well contained and well screened, the height of the building would be a cause of concern; the authority has sought clarification from the applicant as to why the shed needed to be of the height it is, and the applicant has conceded that the height of the shed is excessive. Members are reminded that be it not for the height, a shed of this length and breadth could have been erected under the provisions of permitted development, and it is only by virtue of its height that shed in question requires planning consent. In terms of design, concerns raised point to the fact that the building is of an industrial/ agricultural appearance; however the authority considers a shed of this design is not out of character within a rural context and is typical of any such building erected on a working farm. It is accepted that the site is outside of the defined settlement development limits of Porthyrhyd, but this in itself is not a reason to warrant refusal as the authority has to assess the appropriateness of any development within its surrounding context and in this instance the shed in question has been evaluated in relation to its immediate rural setting. It would appear that the main area of objection stems from concerns over the perceived use of the building; and to an extent in the initial stages of this application the authority did share some of the objector’s concerns over the justification and necessity for such a building at this location. However reassurances have been given by the applicant that the shed in question will be purely used for storage purposes only. It so happens that the applicant has a hobby, as already mentioned, involving vehicles and the shed is seen as a necessary provision for the storage of those vehicles. At no time has the applicant indicated to the authority that the shed is required as a facility to repair, adapt or modify vehicles be it on a private or a commercial basis. Whilst that may not satisfy the concerns of the objectors, Members will appreciate that a perceived use of a building is not considered a sustainable reason for refusing a planning application; hence this application has to be determined on the basis of what has been applied for in this instance i.e. a private domestic shed. The authority will as a matter of course impose conditions to strictly control the use of the building and also conditions that will prevent the use of the building for any commercial and/or repair of vehicles. Lastly, it is considered the concerns over traffic generation cannot be sustained in this instance as those concerns relate primarily to a perceived commercial entity operating at this location which, as already stressed, appears not to be the case. Furthermore, through the imposition of suitable conditions the perceived use cannot take place at this location through the granting of this planning consent. In terms of policy consideration and following a closer site inspection, it is considered the scale of the building as built is indeed large and to an extent over engineered for the purposes of a domestic building within a residential curtilage; however by virtue of the fact that this site is well screened, it means the shed cannot be seen from the wider area and is not readily visible from the adjacent highway. On the basis that the shed is already in situ at this location, it has allowed the authority to gauge its impact on the visual amenities of the wider area and on balance it is considered the shed does not have a significant impact


on the visual amenity of the wider area, hence does not represent an obtrusive form of development at this rural locality. As already emphasised, the use of the building will be strictly controlled via the imposition of suitable conditions; as such the authority considers the amenities of dwellings in close proximity will not be adversely affected by the retention of this shed at this location. On balance, it is considered the shed as built does not cause undue harm to the character and appearance of the surrounding locality; furthermore, the concerns over perceived use are not deemed sustainable reasons for refusal. In the absence of any other sustainable reason for refusal, it is considered the proposal accords with the general requirements of Policy GP1 of the Local Development Plan, as such, the application is put forward with a recommendation for approval.

RECOMMENDATION – APPROVAL

CONDITIONS 1. Notwithstanding the time limit given to implement planning permissions as

prescribed by Sections 91 and 92 of the Town and Country Planning Act 1990 (as amended) this permission, being a retrospective permission as precribed by Section 73A of the Act, shall have been deemed to have been implemented on 12 December 2014

2. The development hereby approved shall be used for domestic storage purposes

only ancillary to the enjoyment of the dwelling house and retained as such thereafter in perpetuity.

3. The development hereby granted planning permission shall only be used for the

personal benefit of the owner/occupier of Cwmhebog; if at any time the proposed building is no longer required or ceases to be used for the purposes referred to in condition No.2, it shall be dismantled and wholly removed from the site and the land returned to its original condition.

4. At no time shall the building be let, leased, sold or otherwise disposed of as a

separate unit of accommodation. 5. At no time shall the building be used for the repair and/or modification of vehicles or

any other form of trade, business or commercial use. REASONS 1. Required to be imposed pursuant to Section 91 of the Town and Country Planning

Act 1990. 2. In the interest of the amenities of the occupiers of the neighbouring residential

property. [Policy GP1 of the LDP]. 3 - 5 To prevent any separate use on the site. [Policy GP1of the LDP]


REASONS FOR GRANTING PLANNING PERMISSION The decision to grant planning permission has been taken in accordance with Section 38 of the Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination, must be in accordance with the Development Plan unless material considerations indicate otherwise. It is considered that the proposed development complies with Policy GP1 of the Carmarthenshire Local Development Plan, in that it is appropriate in terms of scale and design, sufficient amenity/garden space remains, and it shall not adversely affect the amenities of the occupiers of any neighbouring properties. NOTE(S) 1. The approved development relates to the following plans and documents and works

should be carried out strictly in accordance with them unless amended by any conditions above:

Location Plan – 1:1250 scale

Block Plans - 1:500 scale received on 22nd January 2014

Proposed Elevation & Roof Plans – 1:100 scale received on 6th May 2015

2. Please note that this consent is specific to the plans and particulars approved as

part of the application. Any departure from the approved plans will constitute unauthorised development and may be liable to enforcement action. You (or any subsequent developer) should advise the Council of any actual or proposed variations from the approved plans immediately so that you can be advised how to best resolve the matter.

In addition, any Conditions which the Council has imposed on this consent will be listed above and should be read carefully. It is your (or any subsequent developers') responsibility to ensure that the terms of all Conditions are met in full at the appropriate time (as outlined in the specific condition).

The commencement of development without firstly meeting in full the terms of any Conditions which require the submission of details prior to the commencement of development will constitute unauthorised development. This will necessitate the submission of a further application to retain the unauthorised development and may render you liable to formal enforcement action.

3. Failure on the part of the developer to observe the requirements of any other

Conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice


Application No

W/31690

Application Type

Full Planning

Proposal & Location

INSTALLATION OF A SOLAR PARK WITH AN OUTPUT OF APPROXIMATELY 5.9MW (RE-SUBMISSION OF APPLICATION REFERENCE W/30204) AT LAND SOUTH OF BRYN-CYRNAU-ISAF, CWMFFRWD, CARMARTHEN, SA31 2LS

Applicant(s)

GREEN SWITCH DEVELOPMENTS LTD - MARKUS WIERENGA

Agent

GREEN SWITCH SOLUTIONS LTD - GEMMA HEATON

Case Officer

Gary Glenister

Electoral Ward

St Ishmael

Date of validation

09/03/2015

CONSULATATION Head of Transport – Has no objection subject to the imposition of appropriate conditions. Llandyfaelog Community Council – Has no objection, however has the following concerns:-

Loss of productive agricultural land.

Visual impact.

Reduction in property values. Llangynnor [Adjacent] Community Council – Reiterates previous comments. The Council states that although the Council supports the principal of renewal energy we do have some concerns in respect of this application, these include:-

Any damage to roads in the area are made good by the contractor.

All vehicles involved in transporting materials/equipment to the site use the main roads, no shortcuts through Blaengwastod Road or residential areas within Llangunnor.

Any power generated be used within the local community.

Adequate screening be provided.

Could you provide details of the actual entrance to the site. Local Member – County Councillor M Stephens has not commented to date.


Adjacent Local Member – County Councillor D E Williams has not commented to date. Dyfed Archaeological Trust – Has no objection subject to an appropriate condition on the basis of the archaeological reports submitted, in that part of the site should be subject to further investigation. Natural Resources Wales – Has no objection to the proposed scheme subject to the imposition of appropriate conditions. Neighbours/Public - The application has been publicised by the posting of 10No. Site Notices. As a result, 14 No. letters of objection have been received raising the following matters:-

Residential amenity. - Impact on view from proposal and landscaping. - Landscape mitigation would vary through the year and would not mitigate first

floor views of the site. - Glint and glare. - Health implications. - Noise from panels, inverters etc. - Privacy from CCTV. - Change of character – industrialisation/creation of solar factory.

Scale.

Highway safety. - Construction traffic. - Ford. - Access via private road.

Ecology.

Health and safety – fire risk.

Loss of good quality agricultural land.

Impact on livestock on site and surrounding land.

Archaeology.

Lack of justification. RELEVANT PLANNING HISTORY The following application has been received on the application site. W/30204 Installation of a solar park with an output of approximately 6mw on land adjacent to Bryn-Cyrnau-Isaf. Full planning refused 4 December 2014

An appeal has been submitted but not registered by the Planning Inspectorate at the time of writing.


APPRAISAL THE SITE The application site is 13ha of Grade 4 improved grassland to the East of the village of Cwmffrwd. The site is roughly L shaped sitting in a low lying landform within rolling countryside so is not prominent from the village. The preliminary layout scheme shows the site wrapping around the property known as Abercyfor Isaf with the introduction of a considerable buffer zone. The resubmission shows the closest arrays are now shown in excess of 80m from the dwelling and the site is overlooked by Nant yr Haul at a distance in excess of 145m, however is more typically over 200m from the rear of properties in the village which front onto the A484. Access to the site for construction traffic is via the A48 along a route which is poor in places in terms of width and alignment however the land owner has control of key locations or there is adequate highway verge so improvements are possible. THE PROPOSAL Planning permission is sought for an up to 5.9 Mega Watt (MW) Photo Voltaic (PV) solar farm consisting of Solar Panels which are proposed to be set in blocks (known as arrays). The arrays are proposed to be angled at 25 degrees so the front height is approximately 0.8m off the ground and the rear approximately 2.3m in height. The arrays consist of a frame which is attached to the ground by an anchor which is piled into the ground. The arrays are connected via underground cabling in trenches to inverters which are in turn connected to a transformer and linked to the substation which links into the national grid. In addition to the panels, the development will therefore require 6 inverter buildings which measure 3.06m by 9.76m with a height of 3.635m. A switchgear house is proposed near the farm entrance measuring 5.175m by 5.85m (plus an additional 1.65m by 1.65m projection) with a maximum height of 4.485m. A substation is proposed adjacent to the switch gear house measuring 3m by 3m and height of 2.475m. It is proposed to enclose the site within 2m deer fencing to minimise visual impact and CCTV cameras are proposed at 8 strategic positions. A landscape assessment has been submitted in accordance with good practice contained in the “Guidelines for Landscape and Visual Impact Assessment" published by the Institute of Environmental Management and Assessment and “Landscape Assessment Guidance” for England and Scotland published by the Countryside Commission and Scottish Natural Heritage 2002 Institute of Environmental Management and Assessment. This concludes that being green field, the site has a medium susceptibility to change at worse which would have a moderate impact which is not considered significant. In terms of views, the close to medium range views from the surrounding area is considered to be of high sensitivity and the impact would be moderate adverse impact at year one, however this is diminished in time with the growth of the mitigation planting filtering views of the site. The report concludes “The landscape character of the Site is assessed to have an overall Medium sensitivity to the type of development proposed. The introduction of solar arrays


into the Site will change the predominant land use; however the low-level structures and consistency of the arrays, whilst clearly modern man-made features, would not alter the overall landscape framework. The surrounding landscape contains pylons, major road corridors, the town of Carmarthen and large scale industrial and supermarket developments and is a ‘managed’ landscape. There will be a Moderate/Major level of adverse effect on the landscape character of the Site itself that is Significant, which is inevitable on any greenfield site.” Given the site specific topography and existing screening, there will be very little landscape impact from the proposed development. This assessment has been accompanied by a series of photomontages of the site from surrounding viewpoints. It is noted that in particular, the site would be seen intermittently from the A484 and surrounding network however the general view of the site would not be prominent. The assessment acknowledges “there could be significant effects initially upon private views from local dwellings at Bryncyrne Uchaf, Abercyfor-Isaf and Nant Yr Haul. In all cases the Proposed Development would not result in overbearing effects upon residential visual amenity or cause any dwellings to become unpleasant or unattractive places in which to live. Mitigation proposals include allowing existing hedgerows to grow higher and planting new trees along the southeast and north-western boundaries. The growth of planting would restrict visibility of the proposals over time, reducing the effects to a Moderate level or less i.e. not Significant.” The report therefore opines that mitigation planting would filter visibility in the longer term reducing it to a moderate impact – i.e. not significant. The proposal includes analysis of glint and glare, stating that over 90% of the light received would be absorbed by the panels, i.e. less than 10% will be reflected, approximately the same as a body of water. A flood risk assessment has been submitted which suggests that flooding is not likely to be an issue and suggests that surface water will infiltrate into the ground and eventually reach Nant Glasdwr and Nant Cwmffrwd. Reference is also made to a storage capacity within a drainage ditch network however no details of sustainable drainage have been submitted. The site is not at risk of flooding from fluvial or tidal waters. An ecological appraisal has been submitted in support of the application which opines that there is unlikely to be any ecological implications provided that the recommendations of the report are followed as set out in recommended conditioned. In response to the issues raised by third parties on the original application additional landscaping and a buffer zone is proposed around the nearest property Abercyfor Isaf. 3No. passing places are proposed and two road widening schemes are proposed on the access road which would have the benefit of improving the road for the construction and thereafter general traffic. It is proposed to access the entire site via the Bryn Cyrnau Isaf farm complex and apart from crossing the private road that leads to Abercyfor Isaf, it is not proposed to use the roads leading to third party properties. The land owner currently farms both sides of the road leading to Abercyfor Isaf and it is a private matter whether there is a right to cross this road to allow access to the southern section of the site. In terms of community benefits, the Community Council have been offered a one off payment towards improving play equipment and hosting community events, and the


installation of solar panels on the community hall. This is not however a material planning consideration and is between applicant and the Community Council. PLANNING POLICY In the context of the current development control policy framework the site is located outside the defined development limits for Cwmffrwd as contained in the adopted Carmarthenshire Local Development Plan Adopted December 2014. The general policy is set out in GP1. Policy GP1 Sustainability and High Quality Design Development proposals will be permitted where they accord with the following: a) It conforms with and enhances the character and appearance of the site,

building or area in terms of siting, appearance, scale, height, massing, elevation treatment, and detailing;

b) It incorporates existing landscape or other features, takes account of site

contours and changes in levels and prominent skylines or ridges; c) Utilises materials appropriate to the area within which it is located; d) It would not have a significant impact on the amenity of adjacent land uses,

properties, residents or the community; e) Includes an integrated mixture of uses appropriate to the scale of the

development; f) It retains, and where appropriate incorporates important local features

(including buildings, amenity areas, spaces, trees, woodlands and hedgerows) and ensures the use of good quality hard and soft landscaping and embraces opportunities to enhance biodiversity and ecological connectivity;

g) It achieves and creates attractive, safe places and public spaces, which

ensures security through the ‘designing-out-crime’ principles of Secured by Design (including providing natural surveillance, visibility, well lit environments and areas of public movement);

h) An appropriate access exists or can be provided which does not give rise to

any parking or highway safety concerns on the site or within the locality; i) It protects and enhances the landscape, townscape, historic and cultural

heritage of the County and there are no adverse effects on the setting or integrity of the historic environment;

j) It ensures or provides for, the satisfactory generation, treatment and disposal

of both surface and foul water; k) It has regard to the generation, treatment and disposal of waste.


l) It has regard for the safe, effective and efficient use of the transportation

network; m) It provides an integrated network which promotes the interests of

pedestrians, cyclists and public transport which ensures ease of access for all;

n) It includes, where applicable, provision for the appropriate management and

eradication of invasive species. Proposals will also be considered in light of the policies and provisions of this Plan and National Policy (PPW: Edition 7 and TAN12: Design (2014). Specifically in respect of the impact on the historic environment referred to above, Policy SP13 and EQ1 refer. SP13 Protection and Enhancement of the Built and Historic Environment

Development proposals should preserve or enhance the built and historic environment of the County, its cultural, townscape and landscape assets (outlined below), and, where appropriate, their setting. Proposals relating to the following will be considered in accordance with national guidance and legislation.

a) Sites and features of recognised Historical and Cultural Importance;

b) Listed buildings and their setting;

c) Conservation Areas and their setting;

d) Scheduled Ancient Monuments and other sites of recognised archaeological importance.

Proposals will be expected to promote high quality design that reinforces local character and respects and enhances the local setting and the cultural and historic qualities of the plan area. EQ1 Protection of Buildings, Landscapes and Features of Historic Importance Proposals for development affecting landscapes, townscapes buildings and sites or features of historic or archaeological interest which by virtue of their historic importance, character or significance within a group of features make an important contribution to the local character and the interests of the area will only be permitted where it preserves or enhances the built and historic environment. In respect to specific renewable energy and non-wind turbine policies, SP11 and RE3 refer. SP11 Renewable Energy & Energy Efficiency Development proposals which incorporate energy efficiency measures and renewable energy production technologies will be supported in areas where the environmental and cumulative impacts can be addressed satisfactorily. Such developments will not cause demonstrable harm to residential amenity and will be


acceptable within the landscape. Each proposal will be assessed on a case by case basis. Large scale wind farms will only be permitted within Strategic Search Areas. Policy RE3 Non-Wind Renewable Energy Installations Proposals Within Development Limits Proposals for non-wind renewable energy installations will be permitted within defined Development Limits, provided they do not cause an unacceptable impact to the character of the local area and to the amenity of adjacent land, properties, residents and the community. Proposals will not be permitted if they negatively impact upon archaeology or the setting and integrity of Conservation Areas, Listed Buildings or other features or areas of historical value. Proposals Outside Development Limits Proposals for small scale non-wind renewable energy installations outside defined Development Limits are required to satisfactorily justify the need to be sited in such a location. Such proposals should be sited in close proximity to existing buildings and structures and will not cause demonstrable harm to the landscape. Large scale schemes located outside defined Development Limits may be permitted in exceptional circumstances, where there is an overriding need for the scheme which can be satisfactorily justified, and the development will not cause demonstrable harm to the landscape. Proposals that would cause demonstrable harm to the landscape, visual impact, noise, ecology, or ground and surface water as a result of the cumulative effect of renewable energy installations will not be permitted. National Policy is provided by Planning Policy Wales Edition 7 July 2014 as follows: 12.8 Renewable and Low Carbon Energy 12.8.1 The UK is subject to the requirements of the EU Renewable Energy Directive. These include a UK target of 15% of energy from renewables by 2020. The UK Renewable Energy Roadmap sets the path for the delivery of these targets, promoting renewable energy to reduce global warming and to secure future energy supplies. The Welsh Government is committed to playing its part by delivering an energy programme which contributes to reducing carbon emissions as part of our approach to tackling climate change (see 4.5) whilst enhancing the economic, social and environmental wellbeing of the people and communities of Wales in order to achieve a better quality of life for our own and future generations. This is outlined in the Welsh Government’s Energy Policy Statement Energy Wales: A Low Carbon Transition (2012). 12.8.2 Planning policy at all levels should facilitate delivery of both the ambition set out in Energy Wales: A Low Carbon Transition and UK and European targets on renewable energy. The Renewable Energy Directive14 contains specific obligations to provide guidance to facilitate effective consideration of renewable energy sources, high-efficiency technologies and district heating and cooling in the context of development of industrial or


residential areas, and (from 1 January 2012) to ensure that new public buildings, and existing public buildings that are subject to major renovation fulfil an exemplary role in the context of the Directive. 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 Energy15 and Planning for Renewable Energy – A Toolkit for Planners16. The Welsh Government will however consider the preparation of further targeted guidance where appropriate. 12.8.6 The Welsh Government’s aim is to secure an appropriate mix of energy provision for Wales which maximises benefits to our economy and communities, whilst minimising potential environmental and social impacts. This forms part of the Welsh Government’s aim to secure the strongest economic development policies to underpin growth and prosperity in Wales recognising the importance of clean energy and the efficient use of natural resources, both as an economic driver and a commitment to sustainable development. 12.8.9 Local planning authorities should facilitate the development of all forms of renewable and low carbon energy to move towards a low carbon economy (see 4.4.3) to help to tackle the causes of climate change (see 4.7.3). Specifically, they should make positive provision by: – considering the contribution that their area can make towards developing and

facilitating renewable and low carbon energy, and ensuring that development plan policies enable this contribution to be delivered;

– ensuring that development management decisions are consistent with national and

international climate change obligations, including contributions to renewable energy targets and aspirations;

– recognising the environmental, economic and social opportunities that the use of

renewable energy resources can make to planning for sustainability (see Chapter 4); and

– ensuring that all new publicly financed or supported buildings set exemplary

standards for energy conservation and renewable energy production. 12.8.10 At the same time, local planning authorities should: – ensure that international and national statutory obligations to protect designated

areas, species and habitats and the historic environment are observed; – ensure that mitigation measures are required for potential detrimental effects on local

communities whilst ensuring that the potential impact on economic viability is given full consideration; and

– encourage the optimisation of renewable and low carbon energy in new development

to facilitate the move towards zero carbon buildings (see 4.11 and 4.12). 12.10.1 In determining applications for renewable and low carbon energy development and associated infrastructure local planning authorities should take into account:


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

– the wider environmental, social and economic benefits and opportunities from

renewable and low carbon energy development; – the impact on the natural heritage (see 5.5), the Coast (see 5.6) and the Historic

Environment (see 6.5); – the need to minimise impacts on local communities to safeguard quality of life for

existing and future generations; – ways to avoid, mitigate or compensate identified adverse impacts; – the impacts of climate change on the location, design, build and operation of

renewable and low carbon energy development. In doing so consider whether measures to adapt to climate change impacts give rise to additional impacts (see 4.5);

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

– the capacity of and effects on the transportation network relating to the construction

and operation of the proposal. 12.10.5 The Welsh Government supports the principle of securing sustainable community benefits for host communities through voluntary arrangements. Such arrangements must not impact on the decision making process and should not be treated as a material consideration unless it meets the tests set out in Circular 13/97. Technical Advice Note 8 states in paragraph 3.15 “Other than in circumstances where visual impact is critically damaging to a listed building, ancient monument or a conservation area vista, proposals for appropriately designed solar thermal and PV systems should be supported.” Paragraph 2.16 states “Experience has shown that there are opportunities to achieve community benefits through major wind farm development. Some benefits can be justified as mitigation of development impacts through the planning process. In addition, developers may offer benefits not directly related to the planning process. Annex B provides further information and examples about the types of community benefit which have been provided. Local planning authorities, where reasonably practical, should facilitate and encourage such proposals. The Welsh Development Agency, and others13 can support and advise on community involvement in developing renewable energy and benefiting from it. Local planning authorities should make clear in their development plans the scope of possible “planning contributions”. However, such contributions should not enable permission to be given to a proposal that otherwise would be unacceptable in planning terms.” THIRD PARTY REPRESENTATIONS There is concern from third parties that the proposal would have an unacceptable impact on residential amenity. In particular, there is concern that the proposal and its landscape


mitigation would adversely affect the view from private properties and the access roads thereto. It should be noted that there is no right to a view and this is not in itself a material consideration. However the impact on amenity from the proposal has to be carefully considered to judge whether the visual impact would have an unacceptable impact on the living conditions of third parties, such as from overbearance. In this case, the solar proposal is low lying within the landscape and is set back within established hedgerows. The revised submission also provides a buffer zone so that there is a reasonable distance between the proposal and third party properties, so whilst visible, the proposal is not considered likely to have an unacceptable impact. Glint and glare has been assessed and it is stated that less than 10% of the light is reflected from the PV panels, which is on a par with a body of water. Given landscaping and intervening features such as hedgerows, it is not considered likely that Glint and Glare would have an unacceptable impact on residential amenity. Third parties state that the presence of solar panels would change the character of the landscape on the approach to residential properties and there would therefore have a detrimental impact. It is difficult to quantify the perception of harm that this change would cause, however the proposal, especially as there is an additional buffer zone is not likely to have a direct impact on the health & wellbeing of third parties. It is noted that the landscaping would have variable degrees of effectiveness throughout the year, however given the separation distances the impact on third parties is not considered to be unacceptable. As mentioned above, there is no right to a view and the claim that the mitigation would be detrimental by introducing planting which would affect the view and be overbearing is not considered material given the separation distances involved. The proposal will be visible in the short term, however given the buffer zones now proposed would not have an unacceptable adverse impact on the immediate surrounding properties. There is third party concern that the inverters could emit a low frequency hum, however any apparatus on site would be within the inverter buildings, transformer buildings and the sub-station so is not likely to be significant. Unlike other forms of electricity generation, solar has no moving parts and is not generally considered to be a noise source. Noise from rain on the panels could be audible; however this would be within the general background noise of the rain and wind, so is not considered likely to be at an unacceptable level as to be detrimental to residential amenity. Noise from solar installations is not generally considered to be a material consideration however as a precaution, public protection recommend that an appropriate condition be imposed. There are no known health implications from solar installations. In terms of health and safety, in the unlikely scenario of a fire, solar farms have safety precautions and telemetry which would see the installation close down. There is concern over loss of privacy from CCTV. It should be noted however that the CCTV is only proposed at strategic locations such as the entrances to the fields. It is designed to offer surveillance within the site, so there should be no intrusion into the privacy of third parties. The scale of the proposal at 5.9MW is not excessive for a single site. The site is spread over several fields which are low lying within rolling countryside. The maximum height of


the arrays is 2.3m with a deer fence around which has a maximum height of 2m which includes gates at necessary locations. It should be noted that the deer fencing is an amendment to the scheme which would have a softer impact than a solid weld mesh system. The proposal is not likely to be overbearing or of a scale that dominates the landscape. The Landscape and Visual Impact Assessment acknowledges the fact that there would be moderate short term harm to the surrounding properties; however this is mitigated by planting and management of the surrounding boundaries which would filter views of the proposal. In terms of the landscape designations, the site is not in a special landscape area or registered historic landscape, moreover the applicants point out that the site is within a managed landscape which has a major trunk road, settlements and pylons therefore the assessment does not conclude there to be significant harm to the overall landscape. Given the low lying nature of the site and the natural screening of trees and hedgerows which are proposed to be reinforced, it is concluded overall that the proposal would not have a significant impact on the landscape. The proposal would change the character of the site, however this is not considered to be overly dominant or obtrusive within the wider landscape. As mentioned above the primary issue of third party concern is view and visual amenity, however as aforementioned the proposal is not likely to be overly dominant within the landscape and people have no right to a view and it is not therefore a material planning consideration. Highway safety has been considered by the Head of Transport and improvements are considered to be necessary along the route between the A48 and the site. These however are within the public highway, or the land owner has control of the land adjacent so passing places and road widening is possible within the applicant’s control. It is not proposed to use the access road to Abercyfor Isaf other than crossing the road to gain access to the southern parcel of land. It is not proposed to use the Ford as it is not considered to be necessary as the construction traffic would be within the holding accessed via the main farm entrance. Ecology has been considered and no objections have been received from either NRW or the County Ecologist. There is concern over the loss of good quality agricultural land; however the submission has been made stating that the site is actually poorer quality Grade 4 land. It is also noted that the land could be grazed by sheep to ensure that it is not totally abandoned to agriculture. It is not considered likely that the solar arrays would have a detrimental impact on surrounding land or stock. Archaeology has been addressed as the applicants have carried out geophysic investigation. Some features have been identified and an appropriate condition has been recommended to be imposed to ensure that archaeological works be carried out prior to commencement of development.

In terms of justification, the policy is read in conjunction with paragraph 6.7.31 of the LDP which provides general support for renewable energy. The LDP states “Such schemes can play an important role in assisting WG achieve its renewable energy generation targets, and for this reason, the need for the scheme will be weighed up against the need to protect the landscape from inappropriate development. Such schemes will be assessed against other policies contained within this Plan primarily relating to the impact on the


landscape and biodiversity of the proposal and the cumulative impact of renewable energy installations.” In this case, it is considered that the relatively modest scale solar proposal sits within the landscape and is not likely to have a detrimental impact on its own or in combination with other schemes, therefore on balance the proposal is considered to be justified. CONCLUSION

In accordance with the requirements of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, the application has been screened to establish whether an Environmental Impact is required. Given the scale and nature of the proposal, the development is considered to be of no more than local impact and will not give rise to any significant adverse environmental impacts upon the surrounding area. Moreover, the site does not occupy an environmentally sensitive location and is considered to be of little historical importance. On this basis, the requirements of an Environmental Impact Assessment are not considered to be applicable to the application. In arriving at this decision the authority have taken into account the selection criteria as set out in Schedule 3 of the above Regs.

The South West and Wales are identified as being suitable for PV Solar farms given the quantum of solar irradiation identified. Cornwall has been particularly targeted for such proposals given the highest solar irradiation levels in the Country, however South Wales is also considered suitable. Photo Voltaic (PV) solar development once installed is a quiet passive use of land in that there is little maintenance and little noise associated with the operation of the arrays. There is also very little traffic generation. The main issue is therefore visual impact on the landscape. Whilst it is acknowledged that the site is visible, the site is not likely to have an unacceptable detrimental impact on the wider landscape. The proposal covers a large area of 13ha. The nature of the arrays is that they are only 2.3m in height, with the fencing at 2m, inverters 3.635m and switchgear house at the farm entrance is slightly higher at 4.485m but seen in the context of the farm buildings. The proposal is therefore relatively low lying and unobtrusive. The site would be visible within the general landscaping with fleeting glances from public vantage points but is generally hidden from the village of Cwmffrwd and town of Carmarthen by vegetation and topography and is not therefore prominent or overly dominant. The site has existing screening and hedgerow vegetation so given the relatively low lying nature of the site, long views would be largely screened and where visible would be largely a thin line of panels. The site is a Greenfield site, however it is improved grassland of low value. It is not likely to have a long term unacceptable adverse impact on third party properties given the buffer zones between the arrays and site boundary (augmented by landscape mitigation – the details of which are recommended to be conditioned) or on the character and visual amenity of the open countryside given the relatively unobtrusive location within the rolling topography and the existing hedgerow screening. The proposal is therefore considered to be in accordance with Local and National Policy.



CONDITIONS 1 The development hereby permitted shall be commenced before the expiration of

five years from the date of this permission. 2 The development hereby approved shall be removed and the land restored to its

former condition within six months of the end of electricity production. 3 All HGV traffic shall approach the site from the A48 to the north east of the site and

turn left only into the site access; on exiting the site HGV traffic shall turn right only and proceed in an easterly direction to access the A48.

4 Prior to commencement of any other part of the development, 3No passing bays,

each giving a carriageway width of 5.5 metres over a 10 metres linear length of the U2203, Maes Glasnant Road, and two U2203 road widenings shall be provided to the satisfaction of the Local Planning Authority and to the specification of the Local Highway Authority.

5 No development shall take place until a detailed scheme of surface water

attenuation along with a scheme of inspection and maintenance thereof has been submitted to and approved in writing by the Local Planning Authority.

6 The trees/hedgerow around the application site’s boundary shall be protected for

the duration of the construction period following guidelines in BS5837 2005 (Trees in relation to construction) as follows and shall thereafter be retained in perpetuity:

An exclusion zone is to be identified by the Authority and agreed in writing prior to start of works.

Any arboricultural works that are required in pursuance of given planning permission e.g. to form access way etc. - to be undertaken by suitably qualified professionals before the erection of protective barriers.

Following any necessary arboricultural works all trees to be retained to be protected by permanent non moveable barriers. In light of previous experience with chestnut paling the barriers should consist of 2.9 m scaffolding poles sunk 0.6 metres into the ground. Steel mesh should then be secured to the scaffold frame to adequately shield the trees from machinery.

The protective barrier is to remain until written permission is given by this Authority for its removal.

Absolutely no materials are to be stored at any time within the agreed exclusion zone.

Arboricultural works and erection of protective barriers is to be supervised / inspected prior to start of any development

7 Prior to the commencement of any works associated with the development

[including site vegetation clearance, excavation, access of heavy machinery, or


storage of materials on the site] a Habitat Management, Monitoring and Enhancement Scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be in compliance with the recommendations contained in Sections 5 and 6.4 of the Ecological Appraisal prepared by Avian Ecology dated 24th April 2014 and section 5.6 of the applications Design and Access Statement and implemented in accordance with the approved details.

8 A minimum buffer strip of 3m must remain undisturbed between any development

activity and the bank of the water course, in perpetuity. The buffer zone shall be kept free of any structures, hard standings, footpaths, tracks or fences.

9 No development shall take place until a landscape and biodiversity enhancement

plan and specification including timing of works, has been submitted to and been approved in writing by the Local Planning Authority.

10 No development shall take place until the applicant, or their agents or successors in

title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority.

11 No development approved by this permission shall be commenced until a pollution

prevention management plan detailing all necessary pollution prevention measures for the construction phase of the development is submitted to and approved in writing by the Local Planning Authority. The details of the plan shall be implemented as approved and must be efficiently communicated to all contractors and sub-contractors (for example, via toolbox talks) and any deficiencies rectified immediately.

12 No development shall take place until a detailed layout of the site has been

submitted to and approved in writing by the Local Planning Authority. This shall include the precise location of the arrays, inverter buildings, transformer buildings, sub-station, fencing, CCTV and the landscape and ecological mitigation.

13 No development shall commence until full details of sound proofing of the inverter

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

14 The rating level of the noise emitted from the proposed development shall not

exceed the existing background noise level by 5db or more. The noise levels shall be determined at the nearest noise sensitive premises or at another location that is deemed suitable by the authority. Measurements and assessments shall be made in accordance with BS 4142: 1997 Method for Rating Industrial Noise Affecting Mixed Residential and Industrial Areas. Where the background noise levels shall be expressed as LA90 1hr and the ambient noise levels shall be expressed at Laeq 1hr.

15 If the authority receives a justified complaint with respect to the development, the

operator within a period of 1 month shall undertake and submit to the authority a noise assessment conforming to BS 4142: 1997 Method for Rating Industrial Noise Affecting Mixed Residential and Industrial Areas to determine whether noise arising from development exceeds the level specified in condition 1 above. The assessment shall be undertaken under the supervision of the Local Authority. In the


event that Condition X is exceeded then the submitted survey shall also include mitigation measures to ensure compliance with the noise level specified in condition 1. The development shall then be undertaken in accordance with the approved details.

REASONS 1 Required to be imposed pursuant to Section 91 of the Town and Country Planning

Act 1990. 2 To ensure that, upon the expiry of the lifespan of the development, the development

is removed and the land restored to its former condition. 3-4 In the interests of highway safety. 5 To ensure the long term effectiveness of the surface water attenuation. 6,7+9 In the interests of biodiversity. 8 For the protection of the riparian corridor and the wildlife that uses it for foraging,

shelter and movement. 10 To protect historic environment interests whilst enabling development. 11 Prevent pollution of controlled waters and the wider environment. 12 To protect the amenities of third parties. 13-15 To protect the amenities of surrounding properties. REASONS FOR GRANTING PLANNING PERMISSION The decision to grant planning permission has been taken in accordance with Section 38 of the Planning and Compulsory Purchase act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise.

The proposal complies with Policy GP1, SP11 and RE3 in that it is a sustainable form of renewable energy which is not likely to have a detrimental impact on the receiving landscape or the amenities of third parties.

NOTE(S) 1 The development hereby permitted shall be carried out strictly in accordance with

the following schedule of plans:-

1:2500 Scale Location Plan dated 26 February 2015;

1:1250 Scale PV Layout Plan. Drawing No. SF0031 Rev A dated 26 February 2015;

1:100 Scale Inverter Building. Drawing No. GSS100A_002 dated 26 February 2015;


1:20 Scale Fencing Details. Drawing No. GSS1000_006 dated 26 February 2015;

1:25 Scale CCTV Details. Drawing No. GSS100A_001 dated 26 February 2015;

1:100 Scale Typical 33kv Switch room and Meter Room WPD dated 26 February 2015;

1:50 Scale Solar Array Angles dated 26 February 2015;

1:20 Scale Double Swing Gate. Drawing No. GSS 100A_004A dated 26 February 2015, and

1:50 Scale Substation Details dated 26 February 2015. 2 Please note that this consent is specific to the plans and particulars approved as

part of the application. Any departure from the approved plans will constitute unauthorised development and may be liable to enforcement action. You (or any subsequent developer) should advise the Council of any actual or proposed variations from the approved plans immediately so that you can be advised how to best resolve the matter.

In addition, any Conditions which the Council has imposed on this consent will be

listed above and should be read carefully. It is your (or any subsequent developers') responsibility to ensure that the terms of all Conditions are met in full at the appropriate time (as outline in the specific condition).

The commencement of development without firstly meeting in full the terms of any

Conditions which require the submission of details prior to the commencement of development will constitute unauthorised development. This will necessitate the submission of a further application to retain the unauthorised development and may render you liable to formal enforcement action.

Failure on the part of the developer to observe the requirements of any other

Conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice.

3 Where any species listed under Schedules 2 or 4 of The Conservation (Natural

Habitats, etc) Regulations 1994 is present on the site in respect of which this permission is hereby granted, no works of site clearance, demolition or construction shall take place in pursuance of this permission unless a licence to disturb any such species has been granted in accordance with the aforementioned Regulation and a copy thereof has been produced to the Local Planning Authority.

The applicant should be aware of their legal duties regarding certain protected species. All British bat species are European Protected Species by virtue of their listing under Annex IV of EC Directive 92/43/EEC (‘The Habitats Directive’). This Directive has been transposed into British Law under the Conservation (Natural Habitats &c.) Regulations (1994). Bats are also fully protected under Schedule 5 of the Wildlife and Countryside Act (1981) (as amended*). Under the Conservation Regulations (1994) it is an offence deliberately to capture or kill a wild animal of a European protected species; deliberately to disturb any such animal; or to damage or destroy a breeding site or resting place of such an animal. For bats this includes roosts that are not currently being used. In the event of any evidence of bats being found further advice should be obtained from CCW (Beechwood Office, Talley


Road, Llandeilo, Carmarthenshire SA19 7HR) as a licence to carry out the work may be needed from the Welsh Assembly Government.

Nesting Birds In addition the applicant should be made aware of the possible presence of nesting

birds using the buildings and the protection afforded to them. Under the Wildlife and Countryside Act (1981) (as amended) it is an offence to kill or injure any wild bird or damage or destroy the nest of any wild bird whilst that nest is being built or is in use. The breeding bird season is generally taken to be mid-March to mid-August. As such no work should be carried out during the breeding season, unless it can be demonstrated that nesting birds are absent.

4 Any amendment or alteration of an existing public highway in connection with a new

development shall be undertaken under a Section 278 Agreement of the Highways Act 1980. It is the responsibility of the developer to request the Local Highway Authority to proceed with this agreement and the developer is advised that the total costs of entering into such an agreement, as well as the costs of undertaking any physical works on site, shall be met by him.

5 It is the responsibility of the developer to contact the Streetworks Manager of the

Local Highway Authority to apply for a Streetworks Licence before undertaking any works on an existing Public Highway.

6 Further to Condition 4 above, the locations for the 3No passing bays are:

a. 242750 217500 (formalisation of an existing passing place). b. 243150 217610 (adjacent land under applicant’s control). c. 244160 218220 (within highway limits). The approximate location for the two road widenings (at bends) are: d. 242840 217510 (adjacent land under applicant’s control). e. 242900 217600 (adjacent land under applicant’s control).

7 The pollution management plan as required by Condition 11 above shall as a

minimum include the following points:-

- Identification of surrounding watercourses and potential pollution pathways from the construction site to those watercourses.

- How each of those watercourses and pathways will be protected from site run off during construction.

- How the water quality of the watercourses will be monitored and recorded.

- How surface water runoff from the site during construction will be managed/discharged. Please note that it is not acceptable for ANY pollution (e.g. sediment/silt/oils/chemicals/cement etc.) to enter the surrounding watercourses.

- storage facilities for all fuels, oils and chemicals.

- construction compounds, car parks, offices etc.

- measures for dealing with any contaminated material (demolition waste or excavated waste).


- identification of any buried services, such as foul sewers, so that they are protected.

- details of emergency contacts, for example Natural Resources Wales hotline 0800 807 060.


Application No

W/31787

Application Type

Full Planning

Proposal & Location

ERECTION OF A SINGLE WIND TURBINE MEASURING 41.4 METRES TO TIP 29 METRES TO HUB (FOR TEMPORARY PERIOD OF 25 YEARS) AT LAND AT, YSTRADCORWG, RHYDARGAEAU, CARMARTHEN, SA32 7JA

Applicant(s)

MR KEN MARSHALL

Agent

THE WIND TURBINE CONSULTANCY - MR BILL JACKSON

Case Officer

Stuart Willis

Electoral Ward

Abergwili

Date of validation

26/03/2015

CONSULTATIONS Llanllawddog Community Council – Has not received any objections comments from their members Bronwydd [Adjacent] Community Council – Has not commented to date Local Member - County Councillor P Palmer has not commented to date. Adjacent Local Member - County Councillor H I Jones has not commented to date. Head of Transport and Engineering – Has not responded to date Head of Public Protection – No objection raised subject to planning conditions. Public Rights of Way – Has made reference to a bridleway near the proposed turbine and have objected on this basis. Following further discussions it was considered that the imposition of a condition relating to the diversion of the bridleway could be imposed to overcome the concern. Natural Resources Wales – Offer no objection to proposed development and have not requested the imposition of any conditions. Have objected in relation to the need for a bat survey. Further information has been submitted in relation to shutting off the turbine at night and we are awaiting NRW’s comments on this. Ministry of Defence – No objection subject too standard advice.


CSS Spectrum Licensing – Has raised no objection JRC Ltd – Has not commented to date NATS – No safeguarding objection to the proposal. Civil Aviation Authority – Has not commented to date Cadw – Has indicated that there are a number of scheduled ancient monuments in the area. However, given the size of the turbine and distance from the monuments it is Cadw’s opinion this impact will not be significant. Dyfed Archaeological Trust – No further action is required to protect historic environment interests in this specific planning case Neighbours/Public - The application has been publicised by the posting of 3 Site Notices near to the site. 5 responses have been received and are summarised below:

Too close to a registered bridleway and if it fell, could cause personal injury to the public.

Lack of similar facilities in the area

Attempts being made to re-open the full route

The noise and flicker from the turbines can cause considerable alarm in horses with every likelihood of causing them to bolt.

In addition the walk over environmental map provided shows clear felled forestry.

Goshawks have been regularly sited in this area, which is again very close to the turbine.

Route of bridleway should be directed RELEVANT PLANNING HISTORY There is no relevant site history. APPRAISAL Prior to the submission of the application the Local Planning Authority was approached for a “Screening Opinion” for the proposed development. An opinion was issued stating that no EIA was required. Following the submission of the proposal the LPA, having regard to the provisions of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 1999 determined that an Environmental Impact Assessment (EIA) was not required for this proposed development. No EIA was requested during the screening opinion. Although there have subsequently been other application is the wider area for turbines it is not considered the cumulative issues warrant an EIA. The site does not lie within a designated area, no consultees have requested one during the application and the impacts of the development are not considered of more than local importance.


THE SITE The application site is a circular area of land field located within agricultural land. The land forms part of a farm with a total of approximately 325 acres of land including approximately 225 acres of which the applicants own and a further 100 acres that they currently rent. The milking herd at Ystradcorrwg currently runs at 200 dairy cattle with 230 young stock 70 of which are contract reared by a local farmer with all cows being milked at the home farm. They also have a flock of Badger Faced sheep. The 2 nearest dwellings are both within the ownership/control of the applicant. The closest dwelling outside the applicants ownership is approximately 460m from the turbine. The site is near the top of the slope on a plataeau area. the land falls away to the south and east and also to the north. The nearest dwelling outside their ownership is located at towards the bottom of the valley slope to the north. There is a block of forest land between the site and this dwelling. The proposed site lies to the east of the settlement of Pontarsais at the end of the U5557 no through road. The site is 1.2km to the east of A485 and Pontarsais and 2.2km to the north east of Rhydargaeau. There are a number of Public Rights of Way in close proximity of the site with some very close to the turbine. The site is not located within any Special Landscape Area or Registered Landscape of Outstanding Historic Interest. The site lies within the Llanpumsaint Basin area in terms of LANDMAP and the Visual and Sensory Aspect evaluation for this area is High. The adjacent areas are a mixture of High and Moderate. The site is not located within a flood zone. The turbine not located within 2km of a SAC and or SSSI. The site itself appears to comprise a block of improved agricultural grassland with the surrounding area being further fields in a mosaic pattern and also large forest areas near the site. There are operational wind turbines in the vicinity of the application site. There is a turbine 2.km to the north of the site in operation (35m to tip) and another operational turbine to the east 2.4km away (34.5m to tip). There is another turbine THE PROPOSAL The proposal comprises the erection of a single wind turbine and associated control cabinet kiosk. The turbine measures 41.4m to blade tip and 29m to the hub. The turbine will be of a three-bladed horizontal-axis propeller design, with a blade diameter of 24.4m. The turbine will be free-standing and the hub will be positioned on a tubular, steel tower. The blades and hub of the turbine will be constructed from glass fibre. The turbine will sit on a tubular steel mast and will be painted an off white colour. An access track will be provided for the delivery of components from the farm yard to the site. The application has been accompanied by a suite of documents and plans which include a planning, access and design statement, noise and ecological appraisals and a selection of photomontages and wire lines and a report that form the Landscape and Visual Impact Assessment. A Residential Visual Amenity Assessment was also submitted.


PLANNING POLICY Proposals for wind turbines must comply with the criteria of Policy RE2 (Local Community and Small Scale Wind Farms) of the Carmarthenshire Local Development Plan (LDP) (December 2014). Proposals will be permitted provided the development will: not have an unacceptable impact upon the visual amenity or landscape character through: the number, scale, size, design and siting of turbines and associated infrastructure; the development will not have an unacceptable cumulative impact in relation to existing wind turbines and other renewable energy installations and those which have permission; the siting, design, layout and materials used should be sympathetic to the characteristics of the landform, contours and existing features of the landscape; the development would not cause demonstrable harm to statutorily protected species, and habitats and species identified in the Local Biodiversity Action Plan; turbines and their associated structures will not be sited will not be sited in, or impact upon archaeological resources, the setting and integrity of Conservation Areas, Listed Buildings, or other areas of historical value; Proposals will not cause an unreasonable risk or nuisance to, and impact upon the amenities of,, nearby residents or other members of the public; No loss of public accessibility to the area, and existing bridleways and footpaths will be safeguarded from development with no permitted loss of their length and quality; Turbines and associated infrastructure will, at the end of the operational life of the facility, be removed and an appropriate land restoration and aftercare scheme agreed; The development will not result in significant harm to the safety or amenity of sensitive receptors and will not have an unacceptable impact on roads, rail or aviation safety; the development will not result in unacceptable electromagnetic interference to communications installations; radar or air traffic control systems; emergency services communications, or other telecommunications systems. At the more strategic policy level Policy SP11 (Renewable Energy and Energy Efficiency) of the LDP states that “development proposals which incorporate energy efficiency measures and renewable energy production technologies will be supported in areas where the environmental and cumulative impacts can be addressed satisfactorily. Such developments will not cause demonstrable harm to residential amenity and will be acceptable within the landscape. Each proposal will be assessed on a case by case basis”. National Policy is provided by Planning Policy Wales Edition 7 July 2014 and TAN 8 as follows:- 12.8 Sustainable Energy 12.8.1 The UK is subject to the requirements of the EU Renewable Energy Directive.

These include a UK target of 15% of energy demand from renewables by 2020. The UK Renewable Energy Roadmap sets the path for the delivery of these targets, promoting renewable energy to reduce global warming and to secure future energy supplies. The Welsh Government is committed to playing its part by delivering an energy programme which contributes to reducing carbon emissions as part of our approach to tackling climate change (see 4.5) whilst enhancing the economic, social and environmental wellbeing of the people and communities of Wales in order to achieve a better quality of life for our own and future generations. This is outlined in the Welsh Government’s Energy Policy Statement Energy Wales: A Low Carbon Transition (2012).


12.8.2 Planning policy at all levels should facilitate delivery of both the ambition set out in Energy Wales: A Low Carbon Transition and UK and European targets on renewable energy. The Renewable Energy Directive contains specific obligations to provide guidance to facilitate effective consideration of renewable energy sources, high-efficiency technologies and district heating and cooling in the context of development of industrial or residential areas, and (from 1 January 2012) to ensure that new public buildings, and existing public buildings that are subject to major renovation fulfil an exemplary role in the context of the Directive. 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, TAN22 and Planning for Renewable Energy – A Toolkit for Planners. The Welsh Government will however consider the preparation of further targeted guidance where appropriate.

12.8.6 The Welsh Government’s aim is to secure an appropriate mix of energy provision

for Wales which maximises benefits to our economy and communities, whilst minimising potential environmental and social impacts. This forms part of the Welsh Government’s aim to secure the strongest economic development policies to underpin growth and prosperity in Wales recognising the importance of clean energy and the efficient use of natural resources, both as an economic driver and a commitment to sustainable development.

12.8.9 Local planning authorities should facilitate the development of all forms of

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

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

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

recognising the environmental, economic and social opportunities that the use of renewable energy resources can make to planning for sustainability (see Chapter 4); and

ensuring that all new publicly financed or supported buildings set exemplary standards

12.8.10 At the same time, local planning authorities should:

ensure that international and national statutory obligations to protect designated areas, species and habitats and the historic environment are observed;


ensure that mitigation measures are required for potential detrimental effects on local communities whilst ensuring that the potential impact on economic viability is given full consideration; and

encourage the optimisation of renewable and low carbon energy in new development to facilitate the move towards zero carbon buildings (see 4.11 and 4.12).

12.10.1 In determining applications for renewable and low carbon energy development and

associated infrastructure local planning authorities should take into account:

the contribution a proposal will play in meeting identified national28, UK and European targets and potential for renewable energy, including the contribution to cutting greenhouse gas emissions;

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

the impact on the natural heritage (see 5.5), the Coast (see 5.6) and the Historic Environment (see 6.5);

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

ways to avoid, mitigate or compensate identified adverse impacts;

the impacts of climate change on the location, design, build and operation of renewable and low carbon energy development. In doing so consider whether measures to adapt to climate change impacts give rise to additional impacts (see 4.5);

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

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

Consideration is also given to Planning Policy Wales - Technical Advice Note (TAN) 8 - Planning for Renewable Energy. At para 2.13 it states that “most areas outside of SSAs should remain free of large wind power schemes”...and that...“local authorities may wish to consider the cumulative impact of small schemes in areas outside of SSAs and establish suitable criteria for separation distances from each other and from the perimeter of existing wind power schemes of the SSAs. In these areas, there is a balance to be struck between the desirability of renewable energy and landscape protection. Whilst that balance should not result in a severe restriction on the development of wind capacity, there is a case for avoiding a situation where wind turbines are spread across the whole of the county.” Although no formal supplementary planning guidance (SPG) on cumulative impact has been adopted by the LPA, it has developed a guidance note internally for officers entitled Pembrokeshire and Carmarthenshire: Cumulative Impact of Wind Turbines on and Landscape and Visual Amenity. As the title suggests this document has been developed


with Pembrokeshire and also the Pembrokeshire Coast National Park Authority who have both adopted the guidance as SPG. The guidance provides a classification of landscape types where turbines are contained within landscape character areas (Table 1 p.15). It also provides guidance on how to assess cumulative impacts on visual amenity indicating that there are three main types of cumulative visual effect:

In combination from one (static) viewpoint i.e. where more than one development can be seen within the observer’s arc of vision at the same time.

In succession from one (static) viewpoint i.e. where the viewer has to turn to see a number of developments around them.

Sequential effects on a journey i.e. where more than one wind turbine development can be seen one after the other over a period of time by an observer moving through the landscape (para 4.1).

The guidance states that “the magnitude of the cumulative change will depend on the landscape context in which the development is viewed and the scale, nature, duration and frequency of combined and sequential views (para 4.4.). In relation to the effect on landscape character TAN 8 states: ‘the implicit objective ... is to maintain the integrity and quality of the landscape within National Parks/Areas Of Outstanding Natural Beauty in Wales i.e. no change in landscape character from wind turbine development. In the rest of Wales outside the Strategic Search Areas the implicit objective is to maintain the landscape character ie no significant change in landscape character from wind turbine development. Within (and immediately adjacent to) the Strategic Search Areas, the implicit objective is to accept landscape change i.e. significant change in the landscape character from wind turbine development.’ (Annex D 8.4). THIRD PARTY REPRESENTATIONS There have been 3 letters of objection and the issues raised are outlined below:

Too close to a registered bridleway and if it fell, could cause personal injury to the public.

Lack of similar facilities in the area

Attempts being made to re-open the full route

The noise and flicker from the turbines can cause considerable alarm in horses with every likelihood of causing them to bolt.

In addition the walk over environmental map provided shows clear felled forestry.

Goshawks have been regularly sited in this area, which is again very close to the turbine.

The following sections will assess the proposal against policy and specific material planning considerations, third party comments and will be followed by a balancing exercise which will conclude whether the proposal is acceptable or not at this location. Rights of Way/Bridleways The site is located within topple distance of Public Bridleway 27/16 and Public Footpath 27/17. The location of the wind turbine appears to be approximately 20m from public


bridleway 27/16. Previously, a possible diversion of the bridleway has been discussed with all landowners but this has not been concluded due to failure to reach agreement with all affected landowners and associated financial constraints. Para. 2.25 of TAN8 which states that ‘it is advisable to set back all wind turbines a minimum distance, equivalent to the height of the blade tip, from the edge of any public highway’. Separation from bridleways is referred to para 2.27 of TAN8 which refers to the British Horse Society’s (BHS) suggested exclusion zone of 200m in order to avoid wind turbines frightening horses. The separation distance is guidance only and therefore does allow scope for turbines to be located closer than this. In terms of the indirect effects of the proposed turbines upon horses, given the terrain of the site, it is considered that horses will not be suddenly presented with a view of the wind turbines. Instead horses will see the turbines from a distance and will gradually approach them, thereby lessening the potential for the horse to be “spooked”. Neither the applicant or the objectors, have provided independent research or survey work that confirms their opinions regarding the impact on horses. Notwithstanding this, it is considered that the recreational experience of the horse rider may be adversely harmed by the presence of the turbines to some degree. However it is not considered that this would be sufficient to warrant refusal of the application.

Taking into account both the possible effect this development will have on use of the bridelway and the current guidance relating to the siting of turbines near public paths, etc the proposed turbine at Ystradcorrwg would be likely to have some negative impact on registered bridleway as it is currently routed.

The applicants have acknowledged the proximity of the footpath to the proposed turbine. Given the situation it is considered to be more appropriate that an application be made by the applicant under section 257 of the Town and Country Planning Act (TCPA) 1990, where the public path requires diversion in order for development to take place. The route of any TCPA diversion proposal would need to be of a comparable standard to the existing one. It is therefore recommended that a condition be imposed requiring the diversion of the route prior to the commencement of the development. Discussions have taken place regarding the potential to amend/divert the route of the bridleway. Given the height of the turbine and the features of the site it is felt that a separation of topple distance plus 10% is sufficient.

Landscape and Visual The LPA’s landscape officer has assessed the scheme in the context of its surroundings. His response includes details of the site and surrounding area’s LANDMAP aspect areas in addition to conclusions drawn from his field visit. The site is located within an aspect area evaluated as “High” in terms of its visual and sensory characteristics namely the “Llanpumsaint Basin” aspect area. There are areas with of “High” within 2.5km “Brechfa Forest”, “Cwm Duad/Gwili” and “Llanllawddog Valley”. Landscape Character Impacts Landscape impacts are those caused by the physical presence of the proposed development in views, and the resultant effects upon landscape character.


The Landscape Officer has commented that the proposed scheme will have a residual impact upon the landscape character of the immediate area. However, the location and scale of the turbine model and its relation to topography, other development, and the predicted magnitude of effect in relation to the sensitivity of the receiving landscape, are such that the significance of impacts to landscape character, or areas designated for their landscape value, are not considered to be against the relevant policy objectives of the Carmarthenshire County Council LDP. It is noted that there are existing operational turbines in the area; however, it is not considered that the additional turbine proposed will cause any significant adverse cumulative landscape impacts. The case officer has conducted his own field visit as well as jointly with the Landscape Officer and concurs with the conclusions of the landscape officer. Visual Impacts Visual impacts are those caused by changes to existing views caused by the physical presence of the proposed development. The application was submitted with an assessment relating to visual impacts on nearby residential properties. The Landscape officer has that the proposed scheme will form new, manmade moving elements within some views from residential properties and associated amenity space. The location of the scheme, scale of the turbine model and its relation to the topography; other operational, consented or in planning turbine development; and the proximity and orientation in relation to the identified properties, and any intervening screening elements, is such that the proposal is considered to result in the impacts to residential visual amenity as identified in the Impact Table above. Ultimately an assessment and interpretation of the policy in relation to the impacts is required. Whilst it is acknowledged that there will be some impacts from the development it is not felt that are of a nature and scale to warrant refusal of the application. In conclusion it is considered that the proposal is acceptable in landscape character and visual impact terms and will not conflict with the intentions of Policy RE2 of the LDP. Shadow Flicker Under certain combinations of geographical position and time of day, the sun may pass behind the rotors of a wind turbine and cast a shadow over neighbouring properties. When the blades rotate, the shadow flicks on and off; the effect is known as 'shadow flicker'. There is no specific guidance in Wales in relation to shadow flicker distances and the distance at which it would have an impact. Annex C of Tan8 states “the problem is seasonal and only lasts for a few hours per day, but needs to be investigated where any potential exists. Developers should provide an analysis of the potential for shadow flicker impacting upon any nearby properties”. However PAN45 (Scottish Guidance) “Renewable Energy Technologies” 2002 refers to the issue of shadow flicker. This states “In most cases however, where separation is provided between wind turbines and nearby dwellings (as a general rule 10 rotor diameters), "shadow flicker" should not be a problem”. There are no properties within this distance outside the applicants control.


Cultural Heritage The area has a number of SAMs in the wider area of the application site, although both Cadw and Dyfed Archaeological Trust (DAT) consider that separation distance and setting impact will not be significant in this instance. No adverse comments have therefore been raised by these bodies. Ecology The submitted an ecology appraisal based on a desk top and field based study. The Council’s Planning ecologist raises no ecological objection regarding this. No bat survey has been submitted as part of the application. Therefore in the absence of this it is recommended that an assessment and curtailment condition is added to this permission until a suitable assessment can be carried out. Additional information is required in relation to a curtailment scheme It was indicated to the applicant that a scheme of curtailment would be needed during the application and one is due to be submitted shortly. Subject to this being acceptable the recommended condition would be suitable. The LPA’s Planning Ecologist has raised no other adverse comment although a number of guidance notes are advised to ensure the developer does not cause any ecological impacts during the construction process, whilst a biodiversity and landscape enhancement plan is also requested as part of a planning condition. The Council’s Ecologist and NRW have objected due to the lack of a bat survey. Curtailment is proposed and NRW have been reconsulted. Noise The Council’s Public Protection Division requested further information from the applicant to assess the noise impact of the proposal. This has concluded that that the noise, including cumulative noise impact, will be within government guidelines and therefore no objection has been raised by Public Protection subject to planning conditions. Standard noise limit conditions have also been applied.

Transportation and Highway Safety The Head of Transport has responded with no observations. Other Issues The following organisations with aviation interests have been consulted: Ministry of Defence, NATS and the Civil Aviation Authority. None of these bodies to have responded have raised on objection to the proposal, although wish to be informed in the event the turbine is erected. There have been no objections from stakeholder with mobile phone and television reception interests. JRC Ltd initially objected however has subsequently removed this objection.


Renewable Energy When making planning decisions on renewable energy developments regard must be given to the scheme’s energy benefits and contribution to reducing carbon emissions. Indeed the proposal will make a valuable contribution to the UK and Wales’ renewable energy and carbon emission targets and aspirations by providing an installed capacity of 100kw. It is considered that these renewable energy benefits outweigh the schemes’ environmental impacts which have been assessed as not being adversely significant in this instance. Concerns have been raised that the size of the turbine is out of scale with the landscape and will cause demonstrable harm to the character and appearance of the area. The turbine will not however dominate the landscape. Moreover adequate separation distance is maintained from properties to ensure that the turbine does not appear overwhelming or overbearing. It is acknowledged there are a number of turbines operating in the area, however, the proposal will be sited where it is not felt that there would be significant adverse impacts in relation to the cumulation of turbines. The concerns regarding the impact upon landscape and noise have been adequately addressed above and associated impacts in relation to these issues will be controlled and mitigated by planning conditions. Finally, objectors consider that the proposal is contrary to UDP policies. This plan has now been superseded by the LDP (December, 2014). The proposal is considered to comply with all relevant policies. CONCLUSION In conclusion and having regard to prevailing planning policies and material considerations, the proposal is considered to have not have an adverse impact upon the surrounding landscape, the amenities of occupiers, highway network and the ecological and cultural assets of the area to a scale that would warrant refusal of the application. The proposal therefore complies with Policy RE2 and SP11 of the Carmarthenshire Local Development Plan in addition to TAN8 and PPW. Approval is recommended. The recommendation is subject to the receipt of comments regarding ecology following the submission of details relating to curtailment.



five years from the date of this permission.

2. If the wind turbine hereby permitted ceases to operate for a continuous period of 6 months, unless otherwise approved in writing by the Local Planning Authority, a scheme for the decommissioning and removal of the wind turbine and any other ancillary equipment and structures relating solely to the wind turbine shall be


submitted and approved in writing by the Local Planning Authority within 3 months of the end of the cessation period. The scheme shall include details for the restoration of the site. The scheme shall be implemented within 3 months of the date of its approval by the Local Planning Authority.

3. To prevent any demonstrable harm to the amenity of any residents residing at any noise sensitive properties, the rating level of noise immission from the wind turbine (including the application of any tonal penalty) should not exceed 35 dBLA90, 10 min as measured 3.5 meters from the façade of any non-financially involved noise sensitive property at any time, up to and including on-site wind speeds of 10 m/s at 10m height.

4. Within 28 days from the receipt of written request from the Local Planning Authority,

the operator of the development shall, at its own expense, employ an independent consultant approved by the Local Planning Authority to assess the level of noise imissions from the wind turbines at the complainant’s property following the procedures described in ETSU-R-97 “The Assessment and Rating of Noise from Wind Farms”

5. During the course of the investigation, should the wind turbine be identified as

operating above the parameters specified in number 3 above the wind turbines will be modified, limited or shut down. These measures shall be applied until such time as maintenance or repair is undertaken sufficient to reduce the absolute noise level of the operating turbines to within the parameters specified in condition 3.

6. The developer shall provide one month’s prior written notice to the local planning

authority and Ministry of Defence the anticipated date of erection of the wind turbine and prior to that erection, details of the height above ground level of the highest structure in the development; and the position of the wind turbine in terms of latitude and longitude.

7. No development shall take place until written proposals for a Landscape and

Biodiversity Compensation Scheme have been submitted to, and approved in writing, by the Local Planning Authority. The scheme shall include a timescale for implementation. The scheme shall be implemented in full accordance with the approved details, unless agreed otherwise, in writing by the Local Planning Authority.

8. Development shall be fully implemented in accordance with the approved

Landscape and Biodiversity Compensation Scheme, unless agreed otherwise, in writing, by the local planning authority.

Any new landscape elements planted or seeded; or existing landscape elements retained; in accordance with the approved Landscape and Biodiversity Compensation Scheme which, within a period of 5 years after implementation, die or become, in the opinion of the local planning authority, seriously diseased, damaged or otherwise defective shall be replaced in the next planting or seeding season with replacement elements of similar size and specification, unless the local planning authority gives written consent to any variations.


9. Prior to the commencement of the development hereby approved, the route of

public bridleway (27/16) shall, subject to an application under section 257 of the Town and Country Planning Act (TCPA) 1990, be diverted so as to be at a minimum distance, equivalent to the overall height from the base to the blade tip, away from the turbine plus 10%. The work shall be carried out strictly in accordance with the approval

10. The permission hereby granted is for the proposed development to be retained for a

period of not more than 25 years from the date that electricity from the development is first supplied to the grid, this date to be notified, in writing, to the Local Planning Authority, upon commissioning. One year before the due date for the decommissioning of the turbines, a scheme for the restoration of the site shall be submitted to the Local Planning Authority for approval, in writing. The scheme shall make provision for the removal of all the above ground elements plus one metre of the turbine base below the ground level of the turbines and associated equipment and the return of the land to agricultural use, and shall include details of phasing. Upon approval, the restoration scheme shall be implemented in accordance with the phasing details, the turbines having already been removed not later than the due date.


Act 1990. 2 To ensure derelict or obsolete structures do not adversely affect the environment. 3-6 To prevent disturbance and loss of amenity to occupiers of nearby buildings. 7. In the interest of air safety, to highlight the physical structures associated with the

development and remove the risk of an unknown physical obstruction. 8 In the interests of landscape and biodiversity protection. 9. In the interest of protecting a public footpath. 10. Temporary planning permission is sought. REASONS FOR GRANTING PLANNING PERMISSION The decision to grant planning permission has been taken in accordance with Section 38 of the Planning and Compulsory Purchase act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise.

The proposal complies with Policy RE2 of the adopted LDP in that the proposal will not result in significant unacceptable harm to the local environment, sites of nature conservation, historical or archaeological interest, species of ecological value. The proposal will also safeguard residential amenity, highway safety, telecommunication and radio interference.


The proposal complies with Strategic Policy SP11 of the adopted LDP by virtue of its compliance with Policy RE2.

NOTE(S) 1 The development hereby approved relates to the following schedule of plans /

information:

Landscape and Visual Impact Assessment

Ecological Appraisal

Planning, Design and Access Statement

Photomontages / Wireframes received 18th November 2014

1:50 scale proposed turbine

Shadow Flicker Analysis received 20th November 2015

1:1250 scale Site Layout (YSP001-00-001-Rev 002) received 21st January 2015

1:2500 scale Photomontage View Points Positions (E00097-10-003 Rev 02)

1:50000 scale Residential Visual Amenity Assessment (E00097-10-002 Rev 04)

1:50000 scale Zone of Theoretical Visibility Diagram 1000m radius (E00097-10-002 Rev 01)

1:25000 scale Zone of Theoretical Visibility 5000m radius (E00097-10-001)

Photomontage and Wireframe – Viewpoint 4B received 13th March 2015

Noise Assessment

Residential Visual Amenity Assessment received 18th March 2015

In addition, any Conditions which the Council has imposed on this consent will be listed above and should be read carefully. It is your (or any subsequent developers') responsibility to ensure that the terms of all Conditions are met in full at the appropriate time (as outlined in the specific condition). The commencement of development without firstly meeting in full the terms of any Conditions which require the submission of details prior to the commencement of development will constitute unauthorised development. This will necessitate the submission of a further application to retain the unauthorised development and may render you liable to formal enforcement action. Failure on the part of the developer to observe the requirements of any other Conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice


Comments and guidance received from consultees relating to this application, including any other permissions or consents required, is available on the Authority’s website (www.carmarthenshire.gov.uk)

http://www.carmarthenshire.gov.uk/


Application No

W/31788

Application Type

Full Planning

Proposal & Location

ERECTION OF A SINGLE WIND TURBINE MEASURING 41.4 METRES TO THE TIP 29 METRES TO THE HUB AT LAND AT TREFYNYS, BRONWYDD, CARMARTHEN, SA32 7HU

Applicant(s)

MR WYN EVANS

Agent

THE WIND TURBINE CONSULTANCY - MR BILL JACKSON

Case Officer

Stuart Willis

Electoral Ward

Cynwyl Elfed

Date of validation

26/03/2015

CONSULTATIONS Bronwydd Community Council – Has commented that with the exception of wind turbines in the local area, there are generally in favour of the search for alternative energy sources provided that the following considerations are met:

Any developments are within reason.

The development is cost effective.

The development provides a cost effective source of energy.

The impact on tourism is thoroughly assessed and meets the needs of the local tourist industry.

The proposed development has a minimum or no impact on the natural environment of flora and fauna.

The development is put forward after all other avenues for more effective ways have been researched.

The development is carbon effective/carbon neutral.

The proposed site is in a suitable location with as little impact on the population, transportation requirements and the

health and wellbeing of local residents. Llanllwddog [Adjacent] Community Council – Has not commented to date Local Member - County Councillor Irfon Jones has not commented to date. Adjacent Local Member – County Councillor P Palmer has not commented to date Head of Transport and Engineering – Has not responded to date


Head of Public Protection – No objection raised subject to planning conditions. Natural Resources Wales – Offer no objection to proposed development and have not requested the imposition of any conditions Ministry of Defence – No objection subject too standard advice. CSS Spectrum Licensing – Has raised no objection JRC Ltd – Initially objected however subsequently removed their objection NATS – No safeguarding objection to the proposal. Civil Aviation Authority – No adverse comments raised. Cadw – Has indicated that there are a number of scheduled ancient monuments in the area. However, given the size of the turbine and distance from the monuments it is Cadw’s opinion this impact will not be significant. Dyfed Archaeological Trust – An archaeological watching brief condition Neighbours/Public - The application has been publicised by the posting of 3 Site Notices near to the site. 4 responses have been received and are summarised below. Two of these are objections raising the following issues:

Proximity to dwelling not in the applicants control

Noise disturbance/pollution

Impact on the landscape and views over the valley

Adverse visual impact

No benefit to anyone other than the farm itself

Impact on amenities

Reduction in house prices

Request rateable values of houses in the area 2 letters of support have been received raising the following issues:

Turbine will produce renewable energy

Reduce rising electricity costs RELEVANT PLANNING HISTORY There is no relevant site history. APPRAISAL Prior to the submission of the application the Local Planning Authority was approached for a “Screening Opinion” for the proposed development. An opinion was issued stating that no EIA was required. Following the submission of the proposal the LPA, having regard to the provisions of the Town and Country Planning (Environmental Impact Assessment) (England and Wales)


(Amendment) Regulations 1999 determined that an Environmental Impact Assessment (EIA) was not required for this proposed development. No EIA was requested during the screening opinion. Although there have subsequently been other application is the wider area for turbines it is not considered the cumulative issues warrant an EIA. The site does not lie within a designated area, no consultees have requested one during the application and the impacts of the development are not considered of more than local importance. THE SITE The application site is a circular area of land field located within agricultural land. The land forms part of a beef and dairy farm comprising some 745 acres of land including approximately 385 acres of which the applicants own and a further 360 acres that they currently rent. The holding is known as Trefynys and is located between Peniel and Bronwydd. The site is located approximately 950m to the north west of Peniel, and to the east of Bronwydd. The nearest dwelling outside the applicants ownership is approximately 460m from the turbine. There are dwellings at Bronwydd located at a lower land level and a farmhouse and outbuildings to the north east of the site. the farm house and buildings are located at a higher land level than the proposed site of the turbine. The outbuildings are located between the farmhouse and the proposed site of the turbine. The site lies approximately 450m to the east of the settlement of Bronwydd to the north of U2097 and 970m to the west of Peniel. The site is 450m to the east of C2048 and 500m from B4301. There are a number of Public Rights of Way in the area with the nearest approximately 480-500m to the west and south of the site. The site is not located within any Special Landscape Area or Registered Landscape of Outstanding Historic Interest. The site lies within the Tywi Slopes Northern area in terms of LANDMAP and the Visual and Sensory Aspect evaluation for this area is Moderate. The adjacent areas are a mixture of Moderate and High. The site is not located within a flood zone. The turbine is not located within 3.5km of a SAC and or SSSI. The site itself appears to comprise a block of improved agricultural grassland with the surrounding area being further fields in a mosaic pattern and also large forest areas, particularly to the north and east. There are operational wind turbines in the vicinity of the application site. there is a turbine 2.2km to the north of the site in operation (35m to tip) and another operational turbine to the east 2.6km away (34.5m to tip). There is another turbine 2.7km to the south west of the site (24.5m to tip). THE PROPOSAL The proposal comprises the erection of a single wind turbine and associated control cabinet kiosk. The turbine measures 41.4m to blade tip and 29m to the hub. The turbine will be of a three-bladed horizontal-axis propeller design, with a blade diameter of 24.4m. The turbine will be free-standing and the hub will be positioned on a tubular, steel tower. The blades and hub of the turbine will be constructed from glass fibre. The turbine will sit on a tubular steel mast and will be painted an off white colour. An access track will be provided for the delivery of components from the farm yard to the site. The application has been accompanied by a suite of documents and plans which include a planning, access and design statement, noise and ecological appraisals and a selection of


photomontages and wire lines and a report that form the Landscape and Visual Impact Assessment. A Residential Visual Amenity Assessment was also submitted. PLANNING POLICY Proposals for wind turbines must comply with the criteria of Policy RE2 (Local Community and Small Scale Wind Farms) of the Carmarthenshire Local Development Plan (LDP) (December 2014). Proposals will be permitted provided the development will: not have an unacceptable impact upon the visual amenity or landscape character through: the number, scale, size, design and siting of turbines and associated infrastructure; the development will not have an unacceptable cumulative impact in relation to existing wind turbines and other renewable energy installations and those which have permission; the siting, design, layout and materials used should be sympathetic to the characteristics of the landform, contours and existing features of the landscape; the development would not cause demonstrable harm to statutorily protected species, and habitats and species identified in the Local Biodiversity Action Plan; turbines and their associated structures will not be sited will not be sited in, or impact upon archaeological resources, the setting and integrity of Conservation Areas, Listed Buildings, or other areas of historical value; Proposals will not cause an unreasonable risk or nuisance to, and impact upon the amenities of,, nearby residents or other members of the public; No loss of public accessibility to the area, and existing bridleways and footpaths will be safeguarded from development with no permitted loss of their length and quality; Turbines and associated infrastructure will, at the end of the operational life of the facility, be removed and an appropriate land restoration and aftercare scheme agreed; The development will not result in significant harm to the safety or amenity of sensitive receptors and will not have an unacceptable impact on roads, rail or aviation safety; the development will not result in unacceptable electromagnetic interference to communications installations; radar or air traffic control systems; emergency services communications, or other telecommunications systems. At the more strategic policy level Policy SP11 (Renewable Energy and Energy Efficiency) of the LDP states that “development proposals which incorporate energy efficiency measures and renewable energy production technologies will be supported in areas where the environmental and cumulative impacts can be addressed satisfactorily. Such developments will not cause demonstrable harm to residential amenity and will be acceptable within the landscape. Each proposal will be assessed on a case by case basis”. National Policy is provided by Planning Policy Wales Edition 7 July 2014 and TAN 8 as follows:- 12.8 Sustainable Energy 12.8.1 The UK is subject to the requirements of the EU Renewable Energy Directive.

These include a UK target of 15% of energy demand from renewables by 2020. The UK Renewable Energy Roadmap sets the path for the delivery of these targets, promoting renewable energy to reduce global warming and to secure future energy supplies. The Welsh Government is committed to playing its part by delivering an energy programme which contributes to reducing carbon emissions as part of our approach to tackling climate change (see 4.5) whilst enhancing the economic, social and environmental wellbeing of the people and communities of Wales in order to achieve a better quality of life for our own and future


generations. This is outlined in the Welsh Government’s Energy Policy Statement Energy Wales: A Low Carbon Transition (2012).

12.8.2 Planning policy at all levels should facilitate delivery of both the ambition set out in

Energy Wales: A Low Carbon Transition and UK and European targets on renewable energy. The Renewable Energy Directive contains specific obligations to provide guidance to facilitate effective consideration of renewable energy sources, high-efficiency technologies and district heating and cooling in the context of development of industrial or residential areas, and (from 1 January 2012) to ensure that new public buildings, and existing public buildings that are subject to major renovation fulfil an exemplary role in the context of the Directive. 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, TAN22 and Planning for Renewable Energy – A Toolkit for Planners. The Welsh Government will however consider the preparation of further targeted guidance where appropriate.

12.8.6 The Welsh Government’s aim is to secure an appropriate mix of energy provision

for Wales which maximises benefits to our economy and communities, whilst minimising potential environmental and social impacts. This forms part of the Welsh Government’s aim to secure the strongest economic development policies to underpin growth and prosperity in Wales recognising the importance of clean energy and the efficient use of natural resources, both as an economic driver and a commitment to sustainable development.

12.8.9 Local planning authorities should facilitate the development of all forms of

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

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

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

recognising the environmental, economic and social opportunities that the use of renewable energy resources can make to planning for sustainability (see Chapter 4); and

ensuring that all new publicly financed or supported buildings set exemplary standards

12.8.10 At the same time, local planning authorities should:

ensure that international and national statutory obligations to protect designated areas, species and habitats and the historic environment are observed;


ensure that mitigation measures are required for potential detrimental effects on local communities whilst ensuring that the potential impact on economic viability is given full consideration; and

encourage the optimisation of renewable and low carbon energy in new development to facilitate the move towards zero carbon buildings (see 4.11 and 4.12).

12.10.1 In determining applications for renewable and low carbon energy development and

associated infrastructure local planning authorities should take into account:

the contribution a proposal will play in meeting identified national28, UK and European targets and potential for renewable energy, including the contribution to cutting greenhouse gas emissions;

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

the impact on the natural heritage (see 5.5), the Coast (see 5.6) and the Historic Environment (see 6.5);

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

ways to avoid, mitigate or compensate identified adverse impacts;

the impacts of climate change on the location, design, build and operation of renewable and low carbon energy development. In doing so consider whether measures to adapt to climate change impacts give rise to additional impacts (see 4.5);

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

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

Consideration is also given to Planning Policy Wales - Technical Advice Note (TAN) 8 - Planning for Renewable Energy. At para 2.13 it states that “most areas outside of SSAs should remain free of large wind power schemes”...and that...“local authorities may wish to consider the cumulative impact of small schemes in areas outside of SSAs and establish suitable criteria for separation distances from each other and from the perimeter of existing wind power schemes of the SSAs. In these areas, there is a balance to be struck between the desirability of renewable energy and landscape protection. Whilst that balance should not result in a severe restriction on the development of wind capacity, there is a case for avoiding a situation where wind turbines are spread across the whole of the county.” Although no formal supplementary planning guidance (SPG) on cumulative impact has been adopted by the LPA, it has developed a guidance note internally for officers entitled Pembrokeshire and Carmarthenshire: Cumulative Impact of Wind Turbines on and


Landscape and Visual Amenity. As the title suggests this document has been developed with Pembrokeshire and also the Pembrokeshire Coast National Park Authority who have both adopted the guidance as SPG. The guidance provides a classification of landscape types where turbines are contained within landscape character areas (Table 1 p.15). It also provides guidance on how to assess cumulative impacts on visual amenity indicating that there are three main types of cumulative visual effect:

In combination from one (static) viewpoint i.e. where more than one development can be seen within the observer’s arc of vision at the same time.

In succession from one (static) viewpoint i.e. where the viewer has to turn to see a number of developments around them.

Sequential effects on a journey i.e. where more than one wind turbine development can be seen one after the other over a period of time by an observer moving through the landscape (para 4.1).

The guidance states that “the magnitude of the cumulative change will depend on the landscape context in which the development is viewed and the scale, nature, duration and frequency of combined and sequential views (para 4.4.). In relation to the effect on landscape character TAN 8 states: ‘the implicit objective ... is to maintain the integrity and quality of the landscape within National Parks/Areas Of Outstanding Natural Beauty in Wales i.e. no change in landscape character from wind turbine development. In the rest of Wales outside the Strategic Search Areas the implicit objective is to maintain the landscape character ie no significant change in landscape character from wind turbine development. Within (and immediately adjacent to) the Strategic Search Areas, the implicit objective is to accept landscape change i.e. significant change in the landscape character from wind turbine development.’ (Annex D 8.4). THIRD PARTY REPRESENTATIONS There have been 2 letters of objection and 2 letters of support for the application. The letters of objection raised the following issues

Proximity to dwelling not in the applicants control

Noise disturbance/pollution

Impact on the landscape and views over the valley

Adverse visual impact

No benefit to anyone other than the farm itself

Impact on amenities

Reduction in house prices

Request rateable values of houses in the area As members will be aware impact on house prices, influence on rateable value of properties and a loss of view are not material planning considerations. The same is the case for the financial benefits going to the farm itself.


2 letters of support have been received raising the following issues:

Turbine will produce renewable energy

Reduce rising electricity costs The following sections will assess the proposal against policy and specific material planning considerations, third party comments and will be followed by a balancing exercise which will conclude whether the proposal is acceptable or not at this location. Landscape and Visual The LPA’s landscape officer has assessed the scheme in the context of its surroundings. His response includes details of the site and surrounding area’s LANDMAP aspect areas in addition to conclusions drawn from his field visit. The site is located within an aspect area evaluated as “Moderate” in terms of its visual and sensory characteristics namely the “Tywi slopes northern” aspect area. There are areas with of “high” within 2.5km “Lower Gwili valley” and “Cwm Duad/Gwili”. Landscape Character Impacts Landscape impacts are those caused by the physical presence of the proposed development in views, and the resultant effects upon landscape character. The Landscape Officer has commented that the proposed scheme will have a residual impact upon the landscape character of the immediate area. However, the location and scale of the turbine model and its relation to topography, other development, and the predicted magnitude of effect in relation to the sensitivity of the receiving landscape, are such that the significance of impacts to landscape character, or areas designated for their landscape value, are not considered to be against the relevant policy objectives of the Carmarthenshire County Council LDP. It is noted that there are existing operational turbines in the area; however, it is not considered that the additional turbine proposed will cause any significant adverse cumulative landscape impacts. The case officer has conducted his own field visit as well as jointly with the Landscape Officer and concurs with the conclusions of the landscape officer. Visual Impacts Visual impacts are those caused by changes to existing views caused by the physical presence of the proposed development. The application was submitted with an assessment relating to visual impacts on nearby residential properties. The Landscape officer has commented that the proposed scheme will form new, manmade moving elements within some views from residential properties and associated amenity space. The location of the scheme, scale of the turbine model and its relation to the topography; other operational, consented or in planning turbine development; and the proximity and orientation in relation to the identified properties, and any intervening screening elements, is such that the proposal is considered to result in the impacts to residential visual amenity as identified in the Impact Table above.


Ultimately an assessment and interpretation of the policy in relation to the impacts is required. Whilst it is acknowledged that there will be some impacts from the development it is not felt that are of a nature and scale to warrant refusal of the application. In conclusion it is considered that the proposal is acceptable in landscape character and visual impact terms and will not conflict with the intentions of Policy RE2 of the LDP. Shadow Flicker Under certain combinations of geographical position and time of day, the sun may pass behind the rotors of a wind turbine and cast a shadow over neighbouring properties. When the blades rotate, the shadow flicks on and off; the effect is known as 'shadow flicker'. There is no specific guidance in Wales in relation to shadow flicker distances and the distance at which it would have an impact. Annex C of Tan8 states “the problem is seasonal and only lasts for a few hours per day, but needs to be investigated where any potential exists. Developers should provide an analysis of the potential for shadow flicker impacting upon any nearby properties”. However PAN45 (Scottish Guidance) “Renewable Energy Technologies” 2002 refers to the issue of shadow flicker. This states “In most cases however, where separation is provided between wind turbines and nearby dwellings (as a general rule 10 rotor diameters), "shadow flicker" should not be a problem”. There are no properties within this distance outside the applicant’s ownership. Cultural Heritage The area has a number of SAMs in the wider area of the application site, although both Cadw and Dyfed Archaeological Trust (DAT) consider that separation distance and setting impact will not be significant in this instance. No adverse comments have therefore been raised by these bodies. A condition is recommended by the Dyfed Archaeological Trust. Ecology The submitted an ecology appraisal based on a desk top and field based study. The Council’s Planning ecologist raises no ecological objection regarding this. No bat survey has been submitted as part of the application. Therefore in the absence of this it is recommended that an assessment and curtailment condition is added to this permission until a suitable assessment can be carried out. Additional information is required in relation to a curtailment scheme It was indicated to the applicant that a scheme of curtailment would be needed during the application and one is due to be submitted shortly. Subject to this being acceptable the recommended condition would be suitable. The LPA’s Planning Ecologist has raised no other adverse comment although a number of guidance notes are advised to ensure the developer does not cause any ecological impacts during the construction process, whilst a biodiversity and landscape enhancement plan is also requested as part of a planning condition. Both the Council’s Ecologist and NRW do not raise no objection subject to the above.


Noise The Council’s Public Protection Division requested further information from the applicant to assess the noise impact of the proposal. This has concluded that that the noise, including cumulative noise impact, will be within government guidelines and therefore no objection has been raised by Public Protection subject to planning conditions. Standard noise limit conditions have also been applied.

Transportation and Highway Safety Has responded with no objection. Other Issues The following organisations with aviation interests have been consulted: Ministry of Defence, NATS and the Civil Aviation Authority. None of these bodies have raised on objection to the proposal, although wish to be informed in the event the turbine is erected. There have been no objections from stakeholder with mobile phone and television reception interests. JRC Ltd initially objected however has subsequently removed this objection. Renewable Energy When making planning decisions on renewable energy developments regard must be given to the scheme’s energy benefits and contribution to reducing carbon emissions. Indeed the proposal will make a valuable contribution to the UK and Wales’ renewable energy and carbon emission targets and aspirations by providing an installed capacity of 100kw. It is considered that these renewable energy benefits outweigh the schemes’ environmental impacts which have been assessed as not being adversely significant in this instance. Concerns have been raised that the size of the turbine is out of scale with the landscape and will cause demonstrable harm to the character and appearance of the area. The turbine will not however dominate the landscape Moreover adequate separation distance is maintained from properties to ensure that the turbine does not appear overwhelming or overbearing. It is acknowledged there are a number of turbines operating in the area, however, the proposal will be sited where it is not felt that there would be significant adverse impacts in relation to the cumulation of turbines. The concerns regarding the impact upon landscape and noise have been adequately addressed above and associated impacts in relation to these issues will be controlled and mitigated by planning conditions. Finally, objectors consider that the proposal is contrary to UDP policies. This plan has now been superseded by the LDP (December, 2014). The proposal is considered to comply with all relevant policies.


CONCLUSION In conclusion and having regard to prevailing planning policies and material considerations, the proposal is considered to have not have an adverse impact upon the surrounding landscape, the amenities of occupiers, highway network and the ecological and cultural assets of the area to a scale that would warrant refusal of the application. The proposal therefore complies with Policy RE2 and SP11 of the Carmarthenshire Local Development Plan in addition to TAN8 and PPW. Approval is recommended. The recommendation is subject to the receipt of comments regarding ecology following the submission of details relating to curtailment.



five years from the date of this permission. 2 If the wind turbine hereby permitted ceases to operate for a continuous period of 6

months, unless otherwise approved in writing by the Local Planning Authority, a scheme for the decommissioning and removal of the wind turbine and any other ancillary equipment and structures relating solely to the wind turbine shall be submitted and approved in writing by the Local Planning Authority within 3 months of the end of the cessation period. The scheme shall include details for the restoration of the site. The scheme shall be implemented within 3 months of the date of its approval by the Local Planning Authority.

3 To prevent any demonstrable harm to the amenity of any residents, the rating level

of noise immission from the wind turbine (including the application of any tonal penalty) should not exceed a sound pressure level of 35dB LA90, 10 mins, within the amenity space of any non-financially involved lawfully existing dwelling, at wind speeds up to an including 10m/s, standardised/measured to a height of 10m.

4 Within 28 days from the receipt of written request from the Local Planning Authority,

following a justified noise complaint the operator of the development shall, at its expense, employ an independent consultant approved by the Local Planning Authority to assess the level of noise imissions from the wind turbines at the complainant’s property.

5 The assessment of the rating level of noise immissions shall be undertaken in

accordance with an assessment protocol that shall previously have been submitted to and approved in writing by the Local Planning Authority. The protocol shall include the proposed measurement location where measurements for compliance checking purposes shall be undertaken, the method to assess the presence of any tonal component, and also the range of meteorological and operational conditions (which shall include the range of wind speeds, wind directions, power generation and times of day) to determine the assessment of rating level of noise immissions.

6 During the course of the investigation, should the wind turbine be identified as

operating above the parameters specified in the above conditions the wind turbine/s will be modified, limited or shut down. These measures shall be applied until such


time as maintenance or repair is undertaken sufficient to reduce the absolute noise level of the operating turbines to within the parameters specified in the above condition.

7. The developer shall provide one month’s prior written notice to the local planning

authority and Ministry of Defence the anticipated date of erection of the wind turbine and prior to that erection, details of the height above ground level of the highest structure in the development; and the position of the wind turbine in terms of latitude and longitude.

8. No development shall take place until written proposals for a Landscape and

Biodiversity Compensation Scheme have been submitted to, and approved in writing, by the Local Planning Authority. The scheme shall include a timescale for implementation. The scheme shall be implemented in full accordance with the approved details, unless agreed otherwise, in writing by the Local Planning Authority.

9. Development shall be fully implemented in accordance with the approved

Landscape and Biodiversity Compensation Scheme, unless agreed otherwise, in writing, by the local planning authority.

Any new landscape elements planted or seeded; or existing landscape elements retained; in accordance with the approved Landscape and Biodiversity Compensation Scheme which, within a period of 5 years after implementation, die or become, in the opinion of the local planning authority, seriously diseased, damaged or otherwise defective shall be replaced in the next planting or seeding season with replacement elements of similar size and specification, unless the local planning authority gives written consent to any variations.

10. The developer shall ensure that a professionally qualified archaeologist is present

during the undertaking of any ground works in the area of Trefynys farmyard, so that an archaeological watching brief can be carried out. The archaeological watching brief will be undertaken to the standards laid down by the Institute for Archaeologists. The Planning Authority will be informed, in writing at least two weeks prior to the commencement of the development, of the name of the said archaeologist.

11. The permission hereby granted is for the proposed development to be retained for a

period of not more than 25 years from the date that electricity from the development is first supplied to the grid, this date to be notified, in writing, to the Local Planning Authority, upon commissioning. One year before the due date for the decommissioning of the turbines, a scheme for the restoration of the site shall be submitted to the Local Planning Authority for approval, in writing. The scheme shall make provision for the removal of all the above ground elements plus one metre of the turbine base below the ground level of the turbines and associated equipment and the return of the land to agricultural use, and shall include details of phasing. Upon approval, the restoration scheme shall be implemented in accordance with the phasing details, the turbines having already been removed not later than the due date.



Act 1990. 2 To ensure derelict or obsolete structures do not adversely affect the environment. 3-6 To prevent disturbance and loss of amenity to occupiers of nearby buildings. 7. In the interest of air safety, to highlight the physical structures associated with the

development and remove the risk of an unknown physical obstruction. 8-9. In the interests of landscape and biodiversity protection. 10. To ensure archaeological interests are protected 11. Temporary planning permission is sought. REASONS FOR GRANTING PLANNING PERMISSION The decision to grant planning permission has been taken in accordance with Section 38 of the Planning and Compulsory Purchase act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise.

The proposal complies with Policy RE2 of the adopted LDP in that the proposal will not result in significant unacceptable harm to the local environment, sites of nature conservation, historical or archaeological interest, species of ecological value. The proposal will also safeguard residential amenity, highway safety, telecommunication and radio interference.

The proposal complies with Strategic Policy SP11 of the adopted LDP by virtue of its compliance with Policy RE2.

NOTE(S) 1 The development hereby approved relates to the following schedule of plans /

information:

Landscape and Visual Impact Assessment

Ecological Appraisal

Planning, Design and Access Statement

Photomontages / Wireframes received 18th November 2014

1:1250 scale Location Plan (TFFP001-00-001-R002) received 25th November 2015

1:50 scale proposed turbine

Shadow Flicker Analysis received 20th November 2015


1:2500 scale Zone of Theoretical Visibility 5000m radius (E00098-10-002) received 3rd March 2015

1:2500 scale Photomontage View Points Positions (E00098-10-003 Rev 02)

1:50000 scale Residential Visual Amenity Assessment (E00098-10-002 Rev 04)

1:50000 scale Zone of Theoretical Visibility Diagram 1000m radius (E00098-10-002 Rev 02)

Photomontage and Wireframe – Viewpoint 4B received 13th March 2015

Noise Assessment

Residential Visual Amenity Assessment received 18th March 2015

In addition, any Conditions which the Council has imposed on this consent will be listed above and should be read carefully. It is your (or any subsequent developers') responsibility to ensure that the terms of all Conditions are met in full at the appropriate time (as outlined in the specific condition). The commencement of development without firstly meeting in full the terms of any Conditions which require the submission of details prior to the commencement of development will constitute unauthorised development. This will necessitate the submission of a further application to retain the unauthorised development and may render you liable to formal enforcement action. Failure on the part of the developer to observe the requirements of any other Conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice Comments and guidance received from consultees relating to this application, including any other permissions or consents required, is available on the Authority’s website (www.carmarthenshire.gov.uk)

http://www.carmarthenshire.gov.uk/

Documents

iddynt anwybyddu’r agwedd hon, gan ystyried ceisiadau o’r ...connect-carmarthenshire.public-i.tv/document/item_3.3_report.pdf · reference W/30204) at Land south of Bryn-Cyrnau-Isaf,