20th August 2020

Ms Isabel Nethell

Wales Operations Lead

The Planning Inspectorate

Crown Building

Cathays Park

Cardiff

CF10 3NQ

Submitted Via E-mail: dns.wales@planninginspectorate.gov.uk

Dear Madam, Application Ref: DNS/3216558 - Erection of a Renewable Energy Hub comprising ground mounted solar panels, battery storage units (160 units) with a combined installed generating capacity of up to 125MW, underground cabling, grid connection hub, associated infrastructure, landscaping and environmental enhancements for a temporary period of 40 years on land located at Land on the Wentlooge Levels to the West of Hawse Lane Amity Planning has been instructed on behalf of Mr I Cummings of Sunnybank, St. Brides, Wentlooge, Newport, NP10 8SQ to submit representations in response to the above DNS consultation. Accordingly, the following submission outlines the concerns of the above resident. The application site lies within a highly sensitive area and is subject to numerous designations, which will be considered within this submission. The submission letter is divided under the following headings:

• Principle of the Development;

• Impact Upon Ecology;

• Landscape and Visual Impact;

• Transportation / Highways;

• Archaeological Impact; and

• Loss of Agricultural Land.

Principle of Development The Welsh Government’s policy approach to Renewable Energy is set out within Technical Advice Note (TAN) 8: ‘Planning for Renewable Energy’, which was adopted in July 2005. The TAN identifies 7no. priority areas for on-shore wind farms within areas identified as Strategic Search Areas (SSAs). However, the document does not identify such priority areas for solar power potential. The criteria for identifying the SSAs include that the area has a ‘general absence of nature conservation or historic landscape designations’ and this is considered to be of relevance when considering the opportunities for solar PV. However, the gap in guidance regarding geographical search areas for solar power has now been addressed through the Government’s draft National Development Framework 2020-2040 Consultation Draft: 7 August – 1 November 2019. The NDF proposes to create 15no. Wind and Solar Energy Priority Areas. Of the 15 identified areas 4no. of these are only suitable for solar energy. These areas are identified on the map extract below:

Wales Energy Priority Areas (Draft NDF) Map Extract

The map below is extracted from the submitted Environmental Statement which supports the DNS application and includes the roughly indicated red line boundary of the application site:

Pages 36 and 37 of the NDF contain the following text which explains the reasoning behind the allocation of the specific chosen Priority Areas for Wind and Solar Energy: ‘Our spatial priority is for large scale wind and solar development to be directed towards Priority Areas for Wind and Solar Energy shown on page 42. There is a presumption in favour of large scale on-shore wind and solar energy development in these areas, an acceptance of landscape change and a focus on maximising benefits and minimising impacts. Communities will be protected from significant cumulative impacts to avoid unacceptable situations whereby, for example, smaller settlements could be potentially surrounded by large wind schemes. The Welsh Government will use its policy levers to assist in the delivery of renewable energy projects in these areas. The development of Priority Areas will assist in co-ordinating strategic action, bringing a critical mass of new renewables developments together to build the case for new or reinforced grid infrastructure. We will work with relevant stakeholders to help unlock the renewable energy potential of these areas and the economic, social and environmental benefits they can bring to communities. Large scale wind and solar renewable energy development can be visually prominent. A strategic review of landscape and visual impact identified the Priority Areas for Solar and Wind Energy as the most appropriate locations to accommodate landscape change. There is, therefore, an acceptance of landscape change in these areas. However, the design and micro siting of proposals must minimise the landscape and visual impact, particularly those in close proximity to built-up areas’. Paragraph 5.9.9 of the draft NDF explains that proposals for renewable and low carbon energy developments will be considered, provided they meet with criteria identified within Policy 11 of the NDF. However, the documents stresses that ‘The local need for a particular scheme is not a material consideration, as energy generation is of national significance and there is a recognised need to optimise renewable and low carbon energy generation’.

Policy 11 is included verbatim below for reference: Policy 11 – Wind and Solar Energy Outside of Priority Areas ‘Outside of the Priority Areas for Solar and Wind, planning applications for large scale wind and solar development must demonstrate the proposal is acceptable, in accordance with the criteria below. Planning applications must demonstrate how local social, economic and environmental benefits have been maximised and that there are no unacceptable adverse effects on, or due to, the following: • landscape and visual impacts; • cumulative impacts; • the setting of National Parks and Areas of Outstanding Natural Beauty; • visual dominance, shadow flicker, reflected light or noise impacts; • electromagnetic disturbance to existing communications systems; and • the following identified protected assets:

- archaeological, architectural or historic assets; - nature conservation sites and species; - natural resources or reserves. Suitable access to the site for construction and maintenance

purposes must be provided. Plans must also be in place for the end of the development’s lifetime, including the removal of all infrastructure as soon as their use ceases and the appropriate after-use of the site’.

The NDF also acknowledges the importance of unique habitats and the ecosystems they sustain to our health and wellbeing: ‘Wales has a rich variety of nature conservation sites, protecting a diverse range of important and unique habitats and protected species. Ecosystems underpin our well-being, health, economy, culture and identity. We depend on them to provide us with food, raw materials and clean water, and to regulate our climate and air quality. Many of our key industries such as agriculture, forestry, fisheries, energy, water and tourism rely on healthy, functioning ecosystems to prosper and to support communities across Wales. Ensuring the resilience of our ecosystems provides an opportunity to promote green growth and innovation to create sustainable jobs, sustain a more resource efficient economy and maintain healthy, active, sustainable and connected communities’. The application is designated as SSSI and is within close proximity to internationally important designated site (the Severn Estuary SAC, RAMSAR and SPA) and as such the proposed development is inappropriate in this location and should be directed towards a less environmentally sensitive location. Practice Guidance: Planning for Renewable and Low Carbon Energy - A Toolkit for Planners, (adopted September 2015) provides relevant up to date guidance. The document highlights the need to undertake landscape sensitivity analysis and goes on to explain: ‘Existing environmental and heritage constraints can restrict the location of potential large scale solar PV farms. You should therefore map in GIS the geographic extent of the following national environmental and heritage constraints: • Special Protection Area (SPA) • Special Area of Conservations (SAC) • Candidate Special Area of Conservation (cSAC) • RAMSAR sites • National Nature Reserves (NNR)

• Local Nature Reserves (LNR) • Site of Special Scientific Interest (SSSI) • Marine Nature Reserves (MNR) • Scheduled Ancient Monuments (SAM) • Areas of Outstanding Natural Beauty’ …………….’You should assume, for the purposes of the assessment, that there is no potential for large scale solar PV farm developments in these areas; although in practice some of these sites may not be constrained. The above list is not intended to be exhaustive and where additional environmental and/or heritage constraints exist they should also be taken into consideration’. The application site is of course within a SLA, SSSI, adjacent to a SPA, SAC and RAMSAR site and within proximity to Scheduled Ancient Monuments. Accordingly, if following the advice contained within the adopted Toolkit for Planners this site would not be considered suitable for such large scale solar PV development. Impact Upon Ecology / Ornithology Chapters 11 and 12 of the Environmental Statement discuss the impacts of the development upon ecology and ornithology. It is considered that these matters can be discussed collectively for the purposes of these representations as they are so inextricably linked. The application site is located within the highly ecologically important area of the St Brides SSSI, the details of the SSSI Citation by CCW (Now NRW) is included below for reference: ‘The Gwent Levels constitute the lowlands between Cardiff and Chepstow and are drained by an ordered network of drainage ditches. They are an example of one of the most extensive areas of reclaimed wet pasture in Great Britain which includes the Somerset Levels, Romney Marsh and the Pevensey Levels, and is the largest area of its kind in Wales. Together these Levels systems constitute a national series of sites, each with its own special features. The Gwent Levels reens are rich in plant species and communities, many of which are rare or absent in other Levels systems. This is due to the variety of reen types and their management regimes and the timing of the management which results in a staggered programme across the Levels. The regular maintenance of some reens provides conditions for submerged species such as hairlike pondweed Potamogeton trichoides and openwater emergents such as arrowhead Sagittaria sagittifolia an opportunity to flourish. Others are less intensively managed and some have become completely overgrown by weeds and hedges. The aquatic invertebrate fauna is very diverse and the Gwent Levels compares well with similar areas in Britain. Many nationally rare or notable species are present such as Haliplus mucronatus and Hydrophilus piceus. The area is important in the Welsh context for its snails and dragonflies and includes the species Physa heterostropha and Brachytron pratense respectively. The large number of hedgerows add to the diversity of the area and together with the main reen banks provide a habitat for nationally important assemblages of terrestrial invertebrates such as Pipunculus fonsecai and Tomosvaryella minima. The reens in the St Brides area support a number of interesting plant species most notably thread-leaved water-crowfoot Ranunculus trichophyllus and small pondweed Potamogeton berchtoldii. Reen bank and green lane habitats in this area are also important for relict meadow plant species such as the regionally notable grass vetchling Lathyrus nissolia and common meadow-rue Thalictrum flavum.

The St Brides area also supports rich invertebrate communities with a number of nationally notable and notable marshland species, e.g. the true fly Chrysogaster macquarti and the beetle Hydaticus transversalis. It is the only area on the Gwent Levels where the rare fly Stenomicra cogani has been recorded. Remarks The Gwent Levels – St Brides SSSI is one of a series of SSSIs within the area between Chepstow and Cardiff known as the Gwent Levels. The Severn Estuary SSSI is contiguous with the southern boundary of this area’. Policy SP1 ‘Sustainability’ of the adopted Newport Local Development Plan 2011-2026 (adopted January 2015) includes policies of direct relevance to the proposed development from an ecological, biodiversity and sustainability perspective. Policy SP1 Sustainability requires proposals to make a positive contribution to sustainable development by concentrating development in sustainable locations on brownfield land within the settlement boundary. Amongst other criteria developments will be assessed as to their potential contribution towards (ix) ‘Conserving, enhancing and linking green infrastructure, protecting and enhancing the built and natural environment’. The proposed development is located on a greenfield site outside of settlement boundary. Whilst it is accepted that brownfield land within settlement boundary is could be appropriate for other highly beneficial uses such as residential use. Newport has a significant amount of brownfield land, which has been vacant for many years, which is less suitable for housing, due to its location within formerly industrial areas, which are often heavily contaminated and which are within areas where new residential development would not be optimal due to flood risk issues. Location of such solar developments within these areas would be a far more sustainable use of land and would have a negligible impact upon natural environment or biodiversity. Policy GP5 ‘General Development Principles – Natural Environment’ ‘DEVELOPMENT WILL BE PERMITTED WHERE, AS APPLICABLE:

i) THE PROPOSALS ARE DESIGNED AND MANAGED TO PROTECT AND ENCOURAGE BIODIVERSITY AND ECOLOGICAL CONNECTIVITY, INCLUDING THROUGH THE INCORPORATION OF NEW FEATURES ON OR OFF SITE TO FURTHER THE UK, WELSH AND/OR NEWPORT BIODIVERSITY ACTION PLANS;

ii) THE PROPOSALS DEMONSTRATE HOW THEY AVOID, OR MITIGATE AND COMPENSATE NEGATIVE IMPACTS TO BIODIVERSITY, ENSURING THAT THERE ARE NO SIGNIFICANT ADVERSE EFFECTS ON AREAS OF NATURE CONSERVATION INTEREST INCLUDING INTERNATIONAL, EUROPEAN, NATIONAL, WELSH SECTION 4232 AND LOCAL PROTECTED HABITATS AND SPECIES, AND PROTECTING FEATURES OF IMPORTANCE FOR ECOLOGY;

iii) THE PROPOSAL WILL NOT RESULT IN AN UNACCEPTABLE IMPACT ON WATER QUALITY; iv) THE PROPOSAL SHOULD NOT RESULT IN THE LOSS OR REDUCTION IN QUALITY OF HIGH

QUALITY AGRICULTURAL LAND (GRADES 1, 2 AND 3A); v) THERE WOULD BE NO UNACCEPTABLE IMPACT ON LANDSCAPE QUALITY; vi) THE PROPOSAL INCLUDES AN APPROPRIATE LANDSCAPE SCHEME, WHICH ENHANCES THE

SITE AND THE WIDER CONTEXT INCLUDING GREEN INFRASTRUCTURE AND BIODIVERSITY NETWORKS;

vii) THE PROPOSAL INCLUDES APPROPRIATE TREE PLANTING OR RETENTION WHERE APPROPRIATE AND DOES NOT RESULT IN THE UNACCEPTABLE LOSS OF OR HARM TO TREES, WOODLAND OR HEDGEROWS THAT HAVE WILDLIFE OR AMENITY VALUE’.

The proposed development is considered contrary to the above policy as it will serve to harm ecological connectivity within a site of designated importance for ecological value. Furthermore, there would be a negative impact upon a protected historic landscape, which is also designated a Special Landscape Area. Policy CE8 ‘Locally Designated Nature Conservation and Geological Sites’ is also considered of relevance: ‘PROPOSALS AFFECTING LOCALLY DESIGNATED SITES WILL ONLY BE PERMITTED WHERE:

i) THERE WOULD BE NO OVERALL LOSS OF THE NATURE CONSERVATION RESOURCE FOR WHICH THE SITE HAS BEEN DESIGNATED;

ii) THERE WOULD BE NO SIGNIFICANT ADVERSE EFFECT ON THE GEOLOGICAL INTEREST OF THE SITE;

iii) APPROPRIATE MITIGATION OR COMPENSATORY MEASURES CAN BE ACHIEVED’. The proposals would have a significant, direct impact upon a designated nature conservation resource (St Brides SSSI). Furthermore, the development would be within close proximity to the Severn Estuary which is a designated Special Protection Area, Special Area of Conservation and a Ramsar Wetlands site. Accordingly impact upon nature conservation within a unique natural habitat will be significant. Furthermore, as is discussed later in this submission and specifically within the ‘Evidence review of the impact of solar farms on birds, bats and general ecology’ published by Natural England ‘The lack of evidence available relating to the ecological impact of solar farms is concerning. It has led to authoritative organisations making speculative arguments and publishing information that on occasion appears to conflict’. Newport Council’s adopted Supplementary Planning Guidance ‘Wildlife and Development’ (adopted August 2015) reminds us that Sites of Special Scientific Importance (SSSI) are of National importance and ‘are protected against potentially damaging operations’. There is a ‘Strong presumption against damaging development’ and that SSSIs are afforded protection under the Wildlife & Countryside Act 1981 (As amended). The SPG seeks to ‘ensure that local planning decisions maintain, restore and enhance biodiversity in Newport’. The SPG highlights the importance of ‘habitats that provide corridors or stepping stones across the landscape, such as hedgerows or networks of ponds. Ecological connectivity allows species to forage, migrate, colonise new areas and respond to habitat and climate change’. Natural England published the following document in March 2017, which is considered to be of relevance to the proposals: ‘Evidence review of the impact of solar farms on birds, bats and general ecology’ (NEER012) The evidence review reached the following conclusions and recommendations:

‘Conclusions Due to the spatial requirements of utility scale solar PV developments, the physical landscape of UK habitats will be affected by the implementation of these technologies necessitating an understanding of the potential effects that solar PV may have on biodiversity. Understanding requires evidence which is traditionally gathered through robust scientific investigation and peer reviewed publication. No experimental studies specifically designed to investigate the in-situ ecological impacts of solar PV developments were found in the peer reviewed literature. Considering that cumulative installed global PV capacity is projected to reach between 450 GW and 880 GW by 2030, up from 67 GW in 2011 (Gan and Li, 2015), this lack of ecological evidence is heavily under representative of the interest and investment in solar PV deployment. Incidental and informal evidence suggests that the collision risk presented by solar panels to birds is low but not impossible. It is likely that the infrastructure associated with transporting electricity (e.g. powerlines) presents more of a collision risk for birds than the solar arrays themselves. With regards collision risk to bats, there is no evidence. When considering site selection for utility scale solar developments it is generally agreed that protected areas should be avoided. This is reflected in the scientific literature where modelling approaches include many factors such as economic considerations and visual impact but also often avoid protected areas such as SPAs. This is echoed by organisations such as Natural England and the RSPB that recommend that solar PV developments should not be built on or near protected areas. As sensitive species and habitats are not necessarily restricted to the geographical boundaries of protected areas, it is imperative that research is undertaken into the potential interactions between solar PV arrays and biodiversity especially sensitive habitats and species. Quantifying the effect of solar PV developments as a function of distance to protected areas is equally as important as it would allow statutory bodies and ecological organisations to provide more detailed guidance on the placement of these developments where the conservation integrity of a protected area is potentially at risk. Research into the impacts that solar PV developments may have on biodiversity should be undertaken using a multiscale approach, allowing potential impacts to be understood both within the immediate vicinity of solar farms and within the wider landscape, taking into account ecologically functionally connected land and a wide selection of habitats. Evidence review of the impact of solar farms on birds, bats and general ecology. The lack of evidence available relating to the ecological impact of solar farms is concerning. It has led to authoritative organisations making speculative arguments and publishing information that on occasion appears to conflict. For conservation organisations to provide sound advice that is coherent and consistent, evidence is needed. The move towards renewable energy sources by many governments is progressive and admirable, however more needs to be done to understand the interaction between these new technologies and the ecology that they are ultimately designed to protect. Recommendations Advice given by non-governmental and governmental organisations has been referred to throughout this document. These organisations invariably state that appropriate siting, appropriate timing of construction and maintenance, biodiversity mitigation and biodiversity enhancing practices should be taken into consideration when considering a utility scale solar PV development. Although these general pieces of advice are sensible, no hard evidence has been found during the course of this literature review that allows any more specific recommendation to be given. In the literature, concerns have been raised that solar PV developments have the potential to negatively impact a broad range of taxa

including birds, bats, mammals, insects and plants. In light of this, it is highly recommended that research is undertaken into the ecological impacts of solar PV arrays across a broad range of taxa at multiple geographical scales’. The submitted Landscape and Ecology Management Plan (LEMP) indicates that 1545 metres of hedgerow is proposed to be removed to facilitate the development. The LEMP does not however indicate the length of hedgerow to be planted to compensate for this significant loss. There is an indication within the ES that new hedgerow is proposed to be plated around the battery enclosure. However, this would be significantly less hedgerow than is to be removed and could not reasonably be considered to be satisfactory compensation. Furthermore, in addition to the hedgerow loss within the solar development portion of the site, in order to provide the lapwing compensatory area it is indicated that it is proposed to remove hedgerows, scrub and tall marginal vegetation over a 22.1 Hectare area. This destruction of the existing habitat will further deplete the ecological and biodiversity value of this area, in order to try and compensate for the loss of land available to lapwings across the wider site. The loss of hedgerow is even more significant in terms of biodiversity value when dormice are present within the area. The proposed 50no. Dormice boxes adjacent to the railway line to the north is not suitable compensation for the loss of 1545 metres of hedgerow, along with other vegetation. The Severn Estuary SPA is 500 metres to the south of the application site and is acknowledges as being of international importance. The submitted ES makes reference to the SPA regularly supporting 84,317 individual waterfowl over winter. The Severn Estuary RAMSAR site is of international importance and is categorised as such as it meets criteria, such as ‘supporting 20,000 or more birds’ and supporting 1% or more of the individuals in a population of a species or subspecies of water bird of specific species. The site is also wholly within the St Brides SSSI, which is mainly designated for its reen and ditch habitats and associated aquatic plants, aquatic and terrestrial invertebrates but not, as the submitted ES points out, for ornithological interest. There were 76 species ‘of potentially wintering and passage birds returned during the desk study within 3KM of the application area’. ‘There were eleven species of Severn Estuary SPA Assemblage and Ramsar Criterion 6 recorded on the Site or within the 500m survey buffer zone during winter surveys. Of these three were named Article 4.2 species’. There will be a loss of wintering habitat for Lapwing, which are an assemblage bird of the SPA. The ornithological assessment concludes that the application area supports up to 0.68% of the SPA assemblage population, therefore the application area is not considered to be functionally linked to the International site. However, one of the criteria of a RAMSAR site is that it must support 1% or more of the individuals in a population of a species or subspecies of water bird of specific species. Therefore, if the site is considered to support only 0.68% of the SPA assemblage population but the population of the SPA/RAMSAR is so important to the population of a species, then the resultant impact could only be significant on an internationally important assemblage of birds.

Conclusion The application site is located within a SSSI and within close proximity to a SPA and RAMSAR site, which is of international importance. The site of the proposed solar PV farm is inappropriate for ecological and ornithological reasons. The submitted ES tries to reassure that the development would not have a significant detrimental impact from an ecological and ornithological perspective. However, there would undeniably be an impact upon birds which use the SPA/Ramsar site and for which it is a designated protected site. The removal of such a great area of foraging land for birds across the application site and the unknown impact of such PV installations upon birds is a concern. As detailed above Natural England’s published document ‘Evidence review of the impact of solar farms on birds, bats and general ecology’ (NEER012) (dated March 2017) reaches the conclusions that ‘No experimental studies specifically designed to investigate the in-situ ecological impacts of solar PV developments were found in the peer reviewed literature……‘When considering site selection for utility scale solar developments it is generally agreed that protected areas should be avoided. This is echoed by organisations such as Natural England and the RSPB that recommend that solar PV developments should not be built on or near protected areas. As sensitive species and habitats are not necessarily restricted to the geographical boundaries of protected areas, it is imperative that research is undertaken into the potential interactions between solar PV arrays and biodiversity especially sensitive habitats and species’. …..’The lack of evidence available relating to the ecological impact of solar farms is concerning. It has led to authoritative organisations making speculative arguments and publishing information that on occasion appears to conflict. For conservation organisations to provide sound advice that is coherent and consistent, evidence is needed’. Landscape and Visual Impact The application site is located within the open countryside, within a Green Wedge, within a Special Landscape Area and within Undeveloped Coastal Zone. Policy SP7 ‘Green Wedges’ of the adopted LDP is relevant to the determination of this application. ‘GREEN WEDGES HAVE BEEN IDENTIFIED IN ORDER TO PREVENT COALESCENCE BETWEEN THE FOLLOWING SETTLEMENTS:

i) NEWPORT AND CARDIFF; ii) ROGERSTONE AND RISCA; iii) BETTWS, MALPAS AND CWMBRAN; iv) CAERLEON AND CWMBRAN.

WITHIN THESE AREAS DEVELOPMENT WHICH PREJUDICES THE OPEN NATURE OF THE LAND WILL NOT BE PERMITTED. AN INCREASE IN SIZE OF A DWELLING OF MORE THAN 30% OF THE VOLUME OF THE ORIGINAL SIZE OF THE DWELLING, OR AS EXISTED IN 1948, WILL NOT BE APPROVED’.

The supporting text to this policy (extracted below) is also considered pertinent: ‘2.27 Green Wedges have been designated on a common basis with the other local planning authorities in South Wales. The prime purpose of Green Wedges is to prevent coalescence between urban areas. The designation is not made necessarily on the basis of the physical quality of the landscape, but rather to maintain their openness. The areas designated tend to have significant importance for their openness and for their role in maintaining the distinct identify of separate communities.

2.28 Planning Policy Wales (Paragraph 4.8.14 – 4.8.18) sets out what is considered inappropriate development within green wedge allocations, and should be referred to for guidance. 2.29 Any application to increase the size of a dwelling by more than 30% is likely to have a negative impact on the openness of the green wedge and will not be approved’. The reference in paragraph 2.28 above to paragraphs 4.8.14-4.8.18 of PPW are no longer relevant as PPW has been updated since the adoption of the LDP. Paragraphs 3.60-3.74 of edition 10 of PPW are relevant. Paragraph 3.73 advises: ‘Certain other forms of development may be appropriate in the Green Belt or green wedge provided they preserve its openness and do not conflict with the purposes of including land within it. These are: • mineral extraction; • renewable and low carbon energy generation; • engineering operations; and • local transport infrastructure’. The entire thrust of the guidance within PPW regarding the use of Green Wedges is to ensure that development preserves the openness of a Green Wedge, to provide a buffer between settlements and to prevent coalescence. These aims are even taken to ensuring that existing dwellings within Green Wedges do not extend by more than 30% of their original volume. It would be perverse to suggest that covering 130 Hectares of open countryside with solar PV panels and associated plant and infrastructure would have any other impact other than significantly altering the character of the landscaper and contributing to coalescence between Cardiff and Newport. Policy SP8 ‘Special Landscape Areas’ is of key relevance to the determination of this application: ‘SPECIAL LANDSCAPE AREAS ARE DESIGNATED AS FOLLOWS WITHIN WHICH PROPOSALS WILL BE REQUIRED TO CONTRIBUTE POSITIVELY TO THE AREA THROUGH HIGH QUALITY DESIGN, MATERIALS AND MANAGEMENT SCHEMES THAT DEMONSTRATE A CLEAR APPRECIATION OF THE AREA’S SPECIAL FEATURES:

i) NORTH OF BETTWS ii) WEST OF RHIWDERIN iii) WENTLOOGE LEVELS iv) RIVER USK v) CALDICOT LEVELS vi) WENTWOOD’

Paragraphs 2.31 and 2.32 of the supporting text to this policy is pivotal and are therefore included in full as follows: ‘Within Special Landscape Areas, priority will be given to landscape conservation and enhancement. The designation of a SLA does not preclude development but any proposals must demonstrate that they have been designed to respect the valued characteristics of the recognised landscape as well as being in accordance with other Policies of this Plan. Developers will be required to ensure that proposals do not impact or affect the intrinsic character, quality, feature or conservation value of the SLA. Designs will be required to be of a high standard, appropriate in scale and massing, integrated sympathetically into the landscape as well as ensuring long term management. Supplementary Planning Guidance will provide detail concerning the value, management and maintenance of the areas’.

The proposal for consideration would have a significant impact upon the visual appearance and character of the site, by virtue of its coverage with rows of solar PV panels, along with infrastructure and plant. However, the impact upon the character of the landscape would not be limited to the physical erection of aforementioned structures and would also extend to the significant removal of hedgerows across the site, many of which would have formed an intrinsic part of the historical character of the landscape since the Enclosure Act. CE10 ‘Renewable Energy’ of the LDP is also key to determining the acceptability of the proposals. The Policy states: ‘RENEWABLE ENERGY SCHEMES WILL BE CONSIDERED FAVOURABLY, SUBJECT TO THERE BEING NO OVER-RIDING ENVIRONMENTAL AND AMENITY CONSIDERATIONS. SMALL SCALE MICRO-GENERATION WILL BE ENCOURAGED WITHIN THE SETTLEMENT BOUNDARY. LARGE SCALE PROPOSALS MAY BE MORE APPROPRIATELY LOCATED OUTSIDE OF THE DEFINED SETTLEMENT BOUNDARY IF NO APPROPRIATE BROWNFIELD SITES EXIST. THE CUMULATIVE IMPACTS OF RENEWABLE ENERGY SCHEMES WILL BE AN IMPORTANT CONSIDERATION’. Paragraph 4.51 of the supporting text is the most relevant to the proposed scheme: ‘In particular, care should be taken in assessing proposals for renewable energy projects in sensitive, designated areas, such as areas of high landscape quality, and areas of nature conservation, or archaeological or historical importance. The Gwent Levels are recognised as an internationally important resource in terms of landscape and heritage and nationally important for ecology. Proposals which affect the special qualities of the Gwent Levels, or any other protected site, will be resisted unless it can be demonstrated that there will be no significant adverse effects’. Paragraph 4.54 is also relevant to the proposed development due to the significant amount of hedgerow proposed to be removed and the impact of trenching, foundations and access tracks upon potential archaeological resource: ‘With regards to solar energy, key considerations in their assessment will include the ecological, landscape and visual impact of a scheme. The potential for reflective ‘glint and glare’ will need to be explored as well as potential ecological and visual impacts from installation techniques such as cable trenches and the removal of hedgerows. Similarly the impact of associated infrastructure and security measures will need to be considered’. The supporting text also clarifies that brownfield land is the favoured option for such development and that it is more suitable with regard to land take up and such locations are beneficial as they are usually closer to the end user. The supporting text proceeds to confirm that the benefit of renewable energy schemes needs to be weighed against the impact of the proposals and the needs to protect the environment and amenity and the importance of looking at the collective impact of similar developments within a geographic area. Aside from the landscape designations it is also worthy of note that there are, as notes within the submitted ES numerous Listed buildings, Scheduled ancient monuments and Registered Historic Parks and Gardens within proximity to the application site. The setting of and views from many of these will be prejudiced by the proposed development. Paragraph 10.3.9 of the ES states: ‘As a surviving example of large-scale Roman reclamation, it is certainly unique in Wales, if not north west Europe’.

Paragraph 10.3.11 states: ‘The overall evaluation (question HL40) for the area is outstanding for its “extremely well preserved visually coherent regular landscape, the result of several phases of wetland reclamation during the Roman and medieval periods…(question HL41)” Paragraph 10.3.12 states: ‘The Gwent Levels represent an Evolved landscape of exceptional integrity dating back to at least the Roman period. It is principally a reclaimed, man-made landscape protected for most of its area by sea walls and crisscrossed by a subtle but practical system of drainage’. The Landmap evaluation for the aspect areas in included at paragraph 10.3.15 (in Table 10.6) and concludes that in Landscape Habitats, Historic Landscape, Cultural Landscape value the area is considered to be Outstanding in terms of its value. The only remaining categories – Geological Landscape and Visual and Sensory are considered High value. Within paragraph 10.5 of the ES ‘Inherent Design Mitigation’ is detailed. The second bullet point states ‘Photovoltaic panels to be aligned inside of existing field boundaries to prevent the removal of vegetation’. However, the submitted LEMP details the removal of over 1500 metres of hedgerow within the development area and this does not appear to include a further undisclosed length of hedgerow (along with vegetation) within the Lapwing mitigation area. Paragraph 10.6.26 of the ES is also relevant regarding this matter: ‘The proposed solar arrays would not result in the removal of hedgerows or mature trees which contribute to the vegetation pattern of the area. The overall magnitude of change would be none’. This is factually incorrect and as discussed above the LEMP indicates that over 1500 metres of hedgerows (minimum) are to be removed. Therefore, the conclusion has been reached erroneously. Paragraph 10.6.27 states: ‘There would be a small to medium change resulting from the solar arrays and battery storage as the site is changed from a rural landscape to a built landscape. However, for the solar arrays this would be offset to a degree by screening and containment provided by retention of hedgerows and boundary vegetation’. Again, the analysis considers the impacts of the proposed development whilst being contained by the retention of hedgerows and boundary vegetation but this is clearly not the case, as a significant amount of vegetation and hedgerows is being removed. Accordingly, this conclusion is also reached erroneously. The Landscape and Visual Impact section of the ES reaches the conclusion that despite the sensitivity of the area the proposed development would, in landscape effects have a moderate adverse impact within 100 metres, moderate to minor adverse impact within 1Km and negligable in the wier landscape. The visual amenity impacts would have a moderate adverse impact within 100 metres, moderate to minor adverse impact within 1Km and minor adverse – negligable impact for more distant views. Conclusion The proposed development is located within a designated Special Landscape Area, a Green Wedge and within an Undeveloped Coastal Zone. The site has been designated as such following careful, protracted analysis and understanding of the importance of the landscape of this area from a historical

landscape perspective. Furthermore, local planning policy seeks to ensure the openness of the countryside is retained between Cardiff and Newport to prevent visual coalescence of the settlements. The proposed development would have a significant visual impact upon the landscape, would have an urbanising effect and would change the historic landscape. The solar PV panels could be removed at the end of the 40 year intended lifespan. However, a significant amount of historic hedgerow would have been lost and a significant amount of infrastructure would have been installed which would have permanently damaged the rural, agricultural landscape of the site. The applicants own ES concludes that there will be moderate adverse impacts on both landscape and visual amenity, within a protected area which is designated and acknowledged for its ‘outstanding value’ in terms of Landscape Habitat, Historic Landscape and Cultural Landscape value and ‘high value’ in terms of geological landscape and visual and sensory value. Accordingly, it would be perverse to reach the conclusion that this location is suitable for such development, which it is acknowledged will have a moderate adverse impact upon such a unique historical and biodiversity rich landscape. Transportation / Highways The submitted Non-Technical Summary states that a Transport Assessment has been undertaken in the form of a Construction Traffic management Plan (CTMP) and that this explains the proposed vehicular access arrangements and outlines mitigation. The Non-Technical Summary advises in paragraph 4.1.2 that; ‘The proposed development, would be accessed via a single point of entry off Broadway’. Furthermore, the Environmental Statement paragraph 8.2.1 states that ‘It is anticipated that a single means of access will be provided from Broadway at the northwest corner of the site, with oversized vehicles routing to the A48 via Marshfield Road. Whilst HGVs will be routed via the B4481/A4232/Lamby Way / Wentloog Avenue to the South West, thereby avoiding the village of Marshfield located to the north of the site’. However, the proposed Site Plan extract below identifies (with blue coloured triangles) the proposed access points to the development:

Proposed Site Plan Extract

Access points are shown: (i) 2no. access points to the north (adjacent to the railway line) (ii) 1no. access point from Broadway to the west; (iii) 1no. access point from Hawse Lane to the east; and (iv) 2no. access points from the B4239 to the south.

Paragraph 8.2.10 of the Environmental Statement states: ‘To minimise the impact on the village of Marshfield it is anticipated that the majority of construction related travel will travel to the site from the southwest via Broadway / Wentloog Avenue / A432 & A48’. It is assumed that the applicant means the A4232 and not the A432. A traffic impact assessment has been undertaken for Broadway, Marshfield Road and the A48 (as explained in paragraph 8.2.12 of the ES). It is questioned why the scope of the assessment has not been broadened to include the A4232 and Lamby Way. The application states that the proposed development is to be constructed over a 3-4 month period. The submission does not make clear if this would include all of the proposed works – such as mitigation enhancement works. The period of construction appears unrealistic. YSG Solar advise on their website (in an article dated 13th March 2020) that: ‘As a general rule of thumb, it takes 3 months (per 2 MW DC) for a standard ground-mounted solar farm. Installation of solar modules and racking tends to be the quickest aspect, with electrical contracting taking the longest. Additionally, local utilities tend to take a long time to secure all necessary equipment for interconnection—so it's crucial that this is taken into consideration’. As YSG are not based in the UK we have also spoken with people with experience of constructing solar farms in the UK and we have been advised that it typically takes circa 12 weeks to construct a 5MW solar farm, provided weather conditions are favourable. Accordingly, assuming 12 weeks for the construction of a 125MW solar farm in south Wales, with high levels of precipitation and an identified high water table across the site, appears unrealistic. It is appreciated that the on-going vehicular trips associated with the facility will not be too significant, although there will be a noticeable difference from the existing trip generation associated with the farming of the land – which is typically used for grazing and requires minimal human intervention. However, an extension of the construction period, potentially by numerous weeks, will have a significant impact upon vehicle trip generation and associated disruption, traffic congestion and environmental pollution. Conclusion The impact upon traffic and highways will be likely be more considerable than the submitted ES indicates. This is partly due to the likelihood that construction of the solar farm will continue beyond 3-4 months. Furthermore, the period of construction appears to have considered to construction of the solar farm only and does not appear to include the period required to implement ecological enhancement works, which form part of the development and are necessary in an attempt to mitigate the effects of the development upon ecology and ornithology.

Archaeological Impact The scheme lies wholly within the Gwent Levels Outstanding Landscape of Historic Interest and has also been designated as an Archaeologically Sensitive Area by Newport City Council. The GGAT HER describes the Gwent Levels Historic Landscape as: ‘The Outstanding Historic Landscape of Gwent levels comprises three discrete and extensive areas of alluvial wetlands and intertidal mudflats situated on the north side of the Severn Estuary represent the largest and most significant example in Wales of a “hand crafted” landscape. They are entirely the work of man, having been recurrently inundated and reclaimed from the sea from the Roman period onwards. The areas have distinctive patterns of settlement, enclosure and drainage systems, belonging to successive periods of use, and a proven and possibly quite vast potential for extensive, well preserved, buried, waterlogged, archaeological and palaeoenvironmental deposits surving from earlier landscapes’. The site is also categorised at a Registered Landscape of Outstanding and of Special Interest in Wales by Cadw:

HLW (Gt) 2 Gwent Levels

‘Geographically, they are divided into two main areas, namely Wentlooge to the west of the River Usk, and Caldicot to the east. The levels are a landscape of extraordinarily diverse environmental and archaeological potential. Having been reclaimed from the sea at various times during the historic period, the present land surface is a supreme example of a 'hand-crafted' landscape, artificially created and entirely the work of man, preserving clear evidence of distinctive patterns of settlement, enclosure and drainage systems from successive periods of use. There is also a proven, and possibly quite vast, potential for extensive, buried, waterlogged, archaeological and environmental deposits belonging to earlier landscapes. The levels are therefore an uniquely rich archaeological and historical resource in Wales, and certainly of international importance and significance’.

The application sites lies between the Historic Landscape Character Areas (HLCAs) of Western St Brides (HCLA16) and Maerdy (HLCA21). Paragraph 8.17 of the submitted ‘Assessment of the Significance of Impact of Development on Historic Landscape of Historic Interest in Wales 2’ provided by The Archaeology Collective advises: ‘Recent work has shown that the Levels are particularly rich in buried archaeology, of national and international importance, both in the intertidal zone and inland of the sea wall. Over most of the Levels, prehistoric and Roman landscapes are sealed by later alluvium. Because of the depth of this alluvium even the most advanced methods of non-interventional prospection cannot identify such sites without excavation, making them very vulnerable to loss through ignorance. However, this blanket of alluvium, and the resulting waterlogged conditions, give rise to excellent preservation of archaeological deposits. Any disturbance of the alluvium, or lowering the water table threatens to alter these conditions’. Paragraph 8.4.1 of the Environmental Statement details traffic generations associated with the construction phases and includes a list of expected deliveries to site. Bullet point eleven states ‘Ready mix concrete delivered to the site for construction of the solar bases’ This contradicts the understanding contained within the Assessment of the Significance of Impact of Development on Historic Landscape of Historic Interest in Wales 2’, undertaken by the Archaeology Collective, which is submitted as part of the ES. Paragraph 4.13 states: ‘The development proposals are for a solar farm, to mostly comprise a series of photovoltaic panels erected on stands driven into the ground, for a period of use of 40 years before being removed’. And; Paragraph 9.6.1 of the ES also advises that ‘The proposals includes a ground mounted solar farm with arrays set out in rows and mounted on a framework system which is either screwed or driven in to the ground’. The submitted assessment concludes that the resulting overall significance of impact of the proposed development upon the historic landscape of Maerdy (HLCA 21) is severe, eastern St Brides (HCLA 15) western St Brides (HLCA 16) and LLenbedr (HLCA 17) the overall significance of impact is moderate and the overall significance of impact upon Rumney (HLCA 18), Trowbridge (HLCA 18) and Marshfield/Coedkernew (HLCA 19) is slight. Paragraph 9.6.7 of the submitted ‘Assessment of the Significance of Impact of Development on Historic Landscape of Historic Interest in Wales 2’ advises that ‘Any direct impacts to buried archaeological deposits within the scheme is judged to comprise a high magnitude of change (impact) on the basis that the historic environment is an irreplaceable resource..’ Paragraph 9.6.8 states: ‘This ES chapter considers there to be a moderate potential for possible prehistoric activity within the scheme, which, if discovered, is considered likely to be of medium regional importance. Any direct impacts to remains of Neolithic, Bronze Age or iron Age date are considered to result in a moderate to major adverse significance of effect. If no remains are encountered, the effect of the scheme would be negligible’.

Conclusion There is clearly no way to be sure that archaeological resource will not be encountered during the construction of the site. However, all indications are that the area is rich in archaeology and accordingly the likelihood of encountering it is high. If archaeology is discovered then there is a significant chance it will be destroyed or damaged. Furthermore, the contradictions within the submission regarding the way in which the solar PV panels will be installed is a concern and at the very least this needs to be fully understood before a recommendation could be reached. This level of impact upon such an important, designated historic landscape should not be supported. Loss of Agricultural Land Chapter 16 of the Environmental Statement covers ‘Additional Assessments’, including an assessment of agricultural land quality. Paragraph 16.1.5 advises: ‘Following pre-application correspondence with the Welsh Government’s Soil Research Department, a thorough desktop exercise was conducted by the department as part of a review of the site’s characteristics. This was supplemented by a site visit and determined a ‘predictive grade’ of the land quality and found that the site is likely to comprise a mosaic of ALC grades 3b and 4. The full findings of this exercise are provided in Appendix 16.1’. 16.1.6 Furthermore, the land is classified as Grade 4 on the predictive ALC Map for Wales, which is based upon the Agricultural Land Classification System of England & Wales, the Revised Guidelines & Criteria for Grading the Quality of Agricultural Land (MAFF 1988). As such, the site is not considered to comprise “best and most versatile” agricultural land. 16.1.7 ‘Given that the abovementioned assessment had determined that the presence of ‘Best and Most Versatile’ agricultural land to be highly unlikely, it was not recommended that any further survey work be undertaken to this effect’. The email correspondence from RJ Cooke, Department for Environment & Rural Affair, Welsh Government, which is included within Appendix 16.1 of the ES initially advised: ‘Nearby survey evidence (Dyffryn, Newport, Gwent (1996) 017-96) on the same soil type shows Grade 3b next to the north east corner of the proposed site; however, the same survey does contain ALC Grade 3a approximately 200m from the north east corner of the site’. Due to the size of the site and relatively short distance from survey 017- 1996 showing ALC Grade 3a, the Department advised that they would undertake a ‘reconnaissance survey’ on to ‘assess whether the Predictive Grade fairly represents the entire site or further more detailed and targeted ALC survey work is required’. Following this reconnaissance survey by Welsh Government the following response was received: ‘The Land owned by Mr & Mrs Prosser is marginal ALC Grade 3b / 4. The remainder of the site is ALC Grade 4. The Predictive ALC Map may be used as an accurate reflection of land quality across the site’.

‘No further ALC survey work is recommended. The Department does not consider BMV policy to be an issue in this case’. However, it is worthy of note that the site has not been comprehensively surveyed to determine unequivocally whether there is any land within the 155 Hectares site area which contains BMV land. As highlighted, by the Welsh Government only 200 metres from the north eastern corner of the site lies Grade 3a (BMV) land. Considering the unique qualities of the landscape and the biodiversity value of the land, it is considered that detailed survey work be undertaken. Conclusion The proposed development will see the loss of 155 Hectares to agriculture. The land has not unequivocally been established as not containing any BMV land and further survey work should be undertaken to determine this. Overall Conclusions We have undertaken research regarding the typically required construction periods for solar farms. Our conclusion is that even allowing for a construction period of 3-4 months for a facility of 125 MW panels is unrealistic and the development is likely to take significantly longer to construct. Our research indicates that a construction period of 3 months would be appropriate for a solar farm with a capacity of 5MW. Accordingly, the disruption, highway impacts and noise and disturbance is likely to extend significantly beyond a 3-4 month period. This would undoubtedly have a considerably greater impact upon the surrounding environment and the amenities of residential occupiers within the area and along the transport routes to the site. However, perhaps more importantly the impacts upon ecology and ornithology, are likely to effects for the much longer and perhaps the lifetime of the development. The impacts upon archaeology and the historic landscape of the Gwent Levels will potentially be permanent. It is also worthy of note that whilst the facility is predominantly stated to have an output capacity of 125MW there are all references to 49.9WM capacity as in paragraph 13.1.5 of the Flood Risk and Drainage chapter of the submitted ES. Clarification is required regarding the proposed output of the facility. The proposals are contrary to the guidance contained within the draft NDF. The NDF highlights areas which are suitable for large scale solar farm development and provided guidance regarding sensitive sites which are not suitable for such development. The proposals are contrary to the advice contained within the Practice Guidance: Planning for Renewable and Low Carbon Energy - A Toolkit for Planners, (adopted September 2015) and local planning policy which all steer such development away from sensitive areas, such as Green Wedges, SLAs, SSSIs and the undeveloped coastline. The Gwent Levels is also designated Area of Landscape of Outstanding Historic Interest, is unique and of international importance and thus should be afforded the protection it deserves.

We respectfully request that permission be refused for the proposed development for the above reasons. Yours sincerely Andrew Bates Associate