Our ref: 190208 L JPW0888 DW CLUU v0

Date: 08 February 2019

rpsgroup.com RPS Group Limited Registered in Ireland No. 91911

Park House, Greyfriars Road Cardiff, CF10 3AF T +44 2920 668 662

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Ms K Maskell Yr Arolygiaeth Gynllunio | The Planning Inspectorate Adeilad y Goron | Crown Building Parc Cathays | Cathays Park Caerdydd, | Cardiff CF10 3NQ

Dear Kelly,

Town and Country Planning Act 1990 The Developments of National Significance (Wales) Regulations 2016 Application by: Elgin Energy EsCo Ltd Reference: DNS/3213639 Site Address: Wauntysswg Farm, Abertysswg, Rhymney, Tredegar, NP22 5BQ

Further to your letter dated 01 February 2019 regarding the above, without prejudice I am pleased to enclose the following:

1. A copy of the executed unilateral undertaking (‘UU’) discussed at the hearing with the Inspector;

2. Letter from Carson McDowell LLP, the applicant’s solicitor, confirming the compliance of the proposed planning obligation with the statutory tests set out within Regulation 122 of the Community Infrastructure Levy Regulations 2010; and

3. Copy of my closing remarks presentation from the hearing on 31 January 2019;

The UU has been signed by all the relevant parties and dated in accordance with the applicant’s solicitor’s instructions.

The enclosed letter from the applicant’s solicitor confirms that the mitigation via planning obligation suggested by the Planning Inspectorate’s specialist consultee and the determining authority in respect of Scheduled Ancient Monument (‘SAM’) Consent applications, Cadw (which no longer objects to the proposed development following the submission of the enclosed), that the enclosed complies with the statutory tests and case law in respect of the use of planning obligations. Also, Blaenau Gwent County Borough Council’s planning and conservation officers’ suggestion that the proposed replacement fence would not directly mitigate their alleged impact of the proposed development on the ‘sense of isolation’ is also disputed for the following reasons:

1. Humans possess 5 senses to appreciate a sensory effect a place may cause – hearing, sight, smell, taste and touch;

2. The proposed development has no or little appreciable effect on the SAM in respect of noise, smell, taste and touch, leaving visual as the only sensory area that the proposal can affect in respect of the suggested ‘sense of isolation and remoteness’. The penultimate paragraph in Blaenau Gwent County Borough Council’s comments dated 17th December 2018 in respect of the addendums confirms the value or sense of isolation is ‘aesthetic’;

Our ref: JPW0888

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3. The proposed replacement fencing will be an aesthetic improvement to the setting through removing a modern intrusion within it and will, therefore, directly mitigate the only alleged sensory impact the proposed development has on the SAM in terms of its setting.

It is therefore considered that the mitigation proposed by Cadw as the specialist consultee and statutory determining body in respect of SAMs is wholly compliant with the relevant planning obligations tests and guidance.

I also enclose a copy of the slides summarising my closing remarks from the hearing. In summary, the decision-maker has 3 options in respect of the mitigation proposed by Cadw in respect of the replacement fence as suggested within my closing remarks:

1. If the decision maker considers no mitigation is required – planning permission may be granted without any condition or planning obligation requiring the replacement of the fence at the SAM;

2. Mitigation required – grant planning permission subject to a Grampian condition. This is also possible now it is known that there is a reasonable prospect that the erecting of a replacement fence can be performed within the time limit for development commencing as the determining authority (Cadw) and relevant parties (landowners and applicant) are all willing (see Circular WGC 016/2014: The Use of Planning Conditions for Development Management October 2014 paragraph 3.47). A suggested condition wording and reasoning are provided below;

3. Mitigation required – grant planning permission subject to the enclosed UU Section 106 planning obligation requiring the replacement of the fence at the SAM.

Suggested condition wording:

“Prior to energisation a replacement fence to the satisfaction of Cadw shall be erected at the Tredegar Ironworks Cholera Cemetery Scheduled Ancient Monument. Thereafter the fence shall be maintained for the duration of the life of the development.”

Reason: To ensure that the setting of the Scheduled Ancient Monument is protected and mitigate the impact of the development.”

In summary, therefore, it is considered that the proposed development is complaint with development plan and national planning policies in respect of renewable and low carbon energy development and the well-being goals set out within the Well-being of Future Generations Act 2015. It is, therefore, respectfully requested that the Inspector recommend planning permission be granted by Welsh Ministers accordingly.

I trust the enclosed is satisfactory. However, should you have any queries please do not hesitate to contact me.

Yours sincerely, for RPS Group Limited

Dafydd Williams Associate dafydd.williams@rpsgroup.com 02920550682

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Enc: As above cc: Mr D Meehan, Elgin Energy EsCo Ltd Ms K McCusker, Carson McDowell LLP

rpsgroup.com

WAUNTYSSWG FARM SOLAR PARK HEARINGElgin Energy Esco Ltd30 January 2019Planning Inspectorate reference: DNS/3213639

“The Department for Energy and Climate Change (‘DECC’) Energy Security Strategy 2012 anticipates the closure of two thirds of the UK's energy capacity

by 2022 while electricity use is anticipated to increase by between 30% and 100% to 2030.”

- Submitted Planning Statement (reference: 180405 R JPW0888 DW

Planning Statement vH)

HEARING

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“Climate-related risks to health, livelihoods, food security, water supply, human security,

and economic growth are projected to increase with global warming of 1.5°C and increase

further with 2°C”- IPCC Special Report on impacts of global warming of 1.5 ° C October 2018

HEARING

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“… limiting global warming to 1.5°C with no or limited overshoot would require rapid and far-reaching transitions

in energy, land, urban and infrastructure (including transport and buildings), and industrial systems… These…

are unprecedented in terms of scale… and imply deep emissions reductions in all sectors, a wide portfolio of

mitigation options and a significant upscaling of investments in those options…”

- IPCC Special Report on impacts of global warming of 1.5 ° C October 2018

HEARING

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“The benefits of renewable and low carbon energy, as part of the overall commitment to tackle climate

change and increase energy security, is of paramount importance. The planning system should,

among other measures, maximise renewable and low carbon energy generation.”

- Planning Policy Wales 10th Edition, December 2018, paragraph 5.7.8

HEARING

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Areas of Agreement and Disagreement with the relevant Local Planning AuthoritiesAgreement:• The principle of the development;• Highways;• Agricultural land quality;• Drainage;• Coal mining risk;• Ecology;• Glint and glare and residential amenity.

Disagreement:• Landscape impact;• Heritage impact.

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Wauntysswg Farm Solar Park Key Material Considerations

“… only the direct irreversible impacts on statutorily protected

sites and buildings and their settings (where appropriate)

should be considered.”- PPW 10th Edition, December 2018, paragraph

5.9.17

“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.”

- TAN 8, July 2005, paragraph 3.15

HEARING

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Wauntysswg Farm Solar Park Key Material Considerations• No direct impacts on any statutory landscape designation• No direct or irreversible impacts on the setting of the statutory

heritage designation (SAM)• No allegation that visual impact is critically damaging to the SAM

(TAN 8)

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Scheduled Ancient Monument Mitigation

• No mitigation required – grant planning permission without any condition or planning obligation requiring the replacement of the fence at the SAM

• Mitigation required – grant planning permission subject to a Grampian condition requiring the replacement of the fence at the SAM

• Mitigation required – grant planning permission subject to a Section 106 planning obligation requiring the replacement of the fence at the SAM

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Wauntysswg Farm Solar Park Hearing

Closing remarks

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