PLANNING AND DEVELOPMENT COMMITTEE …...PLANNING AND DEVELOPMENT COMMITTEE MEETING - 27TH AUGUST 2009 i. Where appropriate, in order to make the development accessible for all those

I submit for your consideration the following report on Planning Applications and otherDevelopment Control matters based upon the information presently submitted to theDepartment. Should any additional information be submitted between the date of thisreport and 4.00pm on the day prior to the date of the meeting, relevant to theconsideration of an item on the report, that additional information will be madeavailable at the meeting.

12

3

4

ITEMNO.

P/06/1080/FULP/08/962/FUL

P/06/417/FUL

P/06/1356/OBS

APPLICATIONNUMBER

LAND NORTH OF GLYNOGWR BLACKMILL BRIDGEND LAND NORTH A4093 BWTN GLYNOGWR & MYNYDDMAESTEG BRIDGEND LAND AT PANT Y WAL NORTH WEST OF GILFACHGOCH CENTRED ON NGR SS 965 908 LAND AT MYNYDD PWLLYRHEBOG SOUTH OFCLYDACH VALE / NORTH WEST OF GILFACH GOCHPORTH RHONDDA CYNON TAF

APPLICATION ADDRESS

For Members' assistance I have provided details on standard conditions on time limits,standard notes (attached to all consents for planning permission) and the reasons tojustify site inspections.

BRIDGEND COUNTY BOROUGH COUNCIL

REPORT OF THE EXECUTIVE DIRECTOR - ENVIRONMENT ON PLANNINGAPPLICATIONS

PLANNING AND DEVELOPMENT COMMITTEE MEETING - 27TH AUGUST 2009

AGENDA FOR PLANNING APPLICATIONS

On some applications for planning permission reference is made in the recommendation to thepermission granted being subject to standard conditions. These standard conditions set timelimits in which the proposed development should be commenced, and are imposed by thePlanning Act 1990. Members may find the following explanation helpful:-

Time-limits on full permission

Grants of planning permission (apart from outline permissions) must, under section 91 of theAct, be made subject to a condition imposing a time-limit within which the developmentauthorised must be started. The section specifies a period of five years from the date of the

STANDARD CONDITIONS


permission. Where planning permission is granted without a condition limiting the duration ofthe planning permission, it is deemed to be granted subject to the condition that thedevelopment to which it relates must be begun not later than the expiration of 5 yearsbeginning with the grant of permission.

Time-limits on outline permissions

Grants of outline planning permission must, under section 92 of the Act, be made subject toconditions imposing two types time-limit, one within which applications must be made for theapproval of reserved matters and a second within which the development itself must bestarted. The periods specified in the section are three years from the grant of outlinepermission for the submission of applications for approval of reserved matters, and either fiveyears from the grant of permission, or two years from the final approval of the last of thereserved matters, whichever is the longer, for starting the development.

Variation from standard time-limits

If the authority consider it appropriate on planning grounds they may use longer or shorterperiods than those specified in the Act, but must give their reasons for so doing.

Recommendation:That Members note the requirements of the Act to impose time limits when granting planningpermission for all new developments.

a. The enclosed notes which set out the rights of applicants who are aggrieved by thecouncil's decision.

b. This consent does not convey any approval or consent required by building regulations or any other legislation

c. Developers are advised to contact the statutory undertakers as to whether any of theirapparatus would be affected by the development

d. Attention is drawn to the provisions of the party wall etc. act 1996

e. Attention is drawn to the provisions of the wildlife and countryside act 1981 and inparticular to the need to not disturb nesting Bird and protected species and their habitats.

f. Where a development involves a new build, demolition or conversion into flats or multipleoccupancy, you will need to contact the Council's Street Naming & Numbering Officer (tel:01656 643422) to establish a formal address.

g. If you are participating in the diy house builders and converters scheme the resultant vatreclaim will be dealt with at the Chester vat office (tel: 01244 684221)

h. Developers are advised to contact the Energy Savings Trust (tel: 0800 512012) and/or theEnvironment and energy helpline (tel : 0800 585794) for advice on the efficient use ofresources.

STANDARD NOTES


i. Where appropriate, in order to make the development accessible for all those who mightuse the facility, the scheme must conform to the provisions of the Disability Discrimination Act1995 as amended by the Disability Discrimination Act 2005. Your attention is also drawn tothe code of practice relating to the disability discrimination act 1995 part iii, rights of access togoods, facilities and services.

j. If your development lies within a coal mining area. you should take account of any coalmining related hazards to stability in your proposals. developers must also seek permissionfrom the coal authority before undertaking any operations that involves entry into any coal ormines of coal, including coal mine shafts and adits and the implementation of siteinvestigations or other works. property specific summary information on any past, current andproposed surface and underground coal mining activity to affect the development can beobtained from the coal authority. the coal authority mining reports service can be contacted on0845 762 6848 or www.coal.gov.uk.

k. The Local Planning Authority will only consider minor amendments to approveddevelopment by the exchange of correspondence in a limited number of cases. The followingamendments should require a fresh application:-

* Resiting of building(s) nearer any existing building or more than 250mm in any otherdirection;* Increase in the volume of a building;* Increase in the height of a building;* Changes to the site area;* Changes which conflict with a condition;* Additional or repositioned windows / doors / openings within 21m of an existing building;* Changes which alter the nature or description of the development;* New works or elements not part of the original scheme;* New works or elements not considered by an environmental statement submitted with theapplication.

As a general rule it is considered that if an amendment warrants re-consultation, it should notbe regarded as minor, and, therefore, not considered without a fresh application.

l. You must not start work on site in advance of discharging any pre-commencementconditions otherwise you will need to submit a new formal application.

m. The developer shall notify the Planning Department tel. 01656 643167 of the date ofcommencement of development.

n. The presence of any significant unsuspected contamination, which becomes evident duringthe development of the site, should be brought to the attention of the Assistant Chief ExecutiveLegal and Regulatory Services - Environmental Health. Developers may wish to refer to 'LandContamination : A Guide for Developers' on the Public Protection Web Page.

o. Any builders debris / rubble must be disposed in an authorised manner in accordance withthe Duty of Care under the Waste Regulations.

SITE INSPECTION PROTOCOL


Site inspections can be justified in the following circumstances:-

i. Where there are policy issues to be addressed and the site inspection will assist ingaining a better understanding of the policy issues;ii. Where the proposed development will have a major impact over a wide area;iii. Where the visual impact of a proposed development is likely to be significant and whichcan only be fully appreciated on site;iv. Where the effect on adjoining development requires careful consideration.

DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009

Page 5com_rep

P/06/1080/FUL

NPOWER RENEWABLESUNIT 22 TECHNIUM CENTRAL AVENUE BAGLAN ENERGY PARKPORT TALBOT SA12 7AX

LAND NORTH OF GLYNOGWR BLACKMILL BRIDGEND

4 WIND TURBINES, SUB-STATION, TRACKS, MASTS & ACCESS OFFA4093

18th August 2006

ITEM: 1

REFERENCE:

APPLICANT:

LOCATION:

PROPOSAL:

RECOMMENDATION : SECTION106

RECEIVED:

TOWN/COMMUNITY COUNCIL OBSERVATIONS

Object to the development on the following grounds:

Adverse impact on the environment and beauty of the area

Not an incentive for people to visit the area

RICS reports that house prices will fall when a wind farm is announced in an area resulting innegative equity

Turbines do not reduce CO2 and there is a need for stand by power. The cost of the windturbines do not justify the return

Health issues linked to noise and vibrations from wind turbines within 1000m. Some of theproposed building is within 400m of homes. Scottish assembly recommend building 1500maway

No plans to remove turbines after they have run their life, other turbines in Gilfach have beenleft to rot.

Further subsequent comments were made regarding the impact of the extra vehicles on theroad network in the area and the ability of the emergency services to respond to call outs.

Further observations regarding the amended scheme were submitted on the 26th January 2009as follows:

The proposal would contradict the aims and objectives of the UDP and Local Biodiversity ActionPlan and is contrary to Environment 2.2, Policies EV1, EV2, EV3, EV7, EV9, EV10, EV17,EV20, EV27, EV28, T1, T2 and T13.

Concerns have also been raised regarding the use of overhead lines, the encirclement of thearea with wind farms and the proximity of wind turbines from dwellings.


Page 6com_rep

Letters supporting OVCC's objections have been received from the Garw Valley CommunityCouncil and Porthcawl Town Council.

The proposal is a detailed application for the development of a wind farm comprising 4 turbines(1, 4, 5, & 6)of 2-2.5 mega watt (MW) generating capacity, substation and related infrastructureincluding construction compound, internal access track and direct access off the A4093. Apotential location for the borrow pit is also indicated on the submitted layout plan however, thiswill be the subject for a future planning application.

The site lies on Mynydd Maesteg and Mynydd Pwllyrhebog and is approximately 400m abovesea level at its highest point. The site is mainly made up of open mountain pasture with tracts offorestry to the north and south.

The development site is part of the larger Fforch Nest wind farm, which partly lies within theRCT district. A separate application has been submitted to that planning authority for theremainder of the development including 7 turbines and an anemometer mast. Thedetermination of this part the scheme rests with RCT although this Council has been consultedas a neighbouring authority. The response to RCT will be discussed in planning applicationP/06/1356/OBS, which is also on the agenda for this committee.

The site lies approximately 1.4 km to the north west of Evanstown and is 2.4 km south east ofPrice Town. Glynogwr lies approximately 3.2km from the southern boundary. The northernboundary of the site lies directly adjacent to the Rhondda Cynon Taff district and the otherelement of the Fforch Nest scheme.

There a number of public rights of way crossing the site.

Access to the site is to be obtained off the A4093 Tonyrefail to Blackmill Road to the west of thevillage of Glynogwr. A 5m wide track would be constructed running northwards to link with themain site.

The site lies entirely within Strategic Search Area (SSA) F, Coed Morgannwg, which comprisesthe upland plateaux of the coalfields of the former Glamorgan County and extends to the upperreaches of the Cynon, Rhondda, Garw, Ogmore and Afan Valleys. The SSAs are identified inPlanning Policy Wales, Technical Advice Note 8 (TAN8), Planning for Renewable Energy asareas noted for having land use and locational characteristics that render them suitable inprinciple for the development of large scale wind farm development.

The construction phase of the development will last for approximately 18 months with majordeliveries restricted to the first 12 months. The operational life of the wind fram will be 25 yearsafter which time the the wind farm will be decommissioned and the site reinstated.

The application was originally submitted in August 2006 for a total of 6 turbines. Prior to this inMarch 2006 a planning application for 14 turbines on adjacent land was submitted by PennantWalters as part of the Pant-y-Wal wind farm proposal also under consideration at thiscommittee under application P/06/417/FUL. Following lengthy discussions between bothdevelopers and with Council officers, a revised and "harmonised" scheme was submitted alongwith a separate application for a joint access track in October 2008. The revised Fforch Nestscheme involved the removal of turbines 2 and 12, a reduction in height of the turbines to 115min line with the adjacent Pant-y Wal-scheme and the removal of an anemometer mast.

APPLICATION/SITE DESCRIPTION


Page 7com_rep

The individual components of the application and the layout of the site are described in moredetail below.

Wind Turbine:

The wind turbine operates by wind passing over the blades, which turns the hub connected to agearbox and generator. The resulting electricity is passed through cables inside the tower to atransformer and onto the national grid. The exact make and model of turbine is to bedetermined but will comprise of a horizontal axis, three bladed machine being no more than115m in height to blade tip. Each turbine will have its own transformer. The machine will havean operational lifespan of 25 years.

The turbine will sit atop a reinforced concrete base slab with dimensions of approximately 15mx 15m x 3.25m, it is also proposed to allow the establishment of vegetation around the base,however the exact foundation requirements will be determined following detailed groundinvestigations

Sub Station:

The development will also include an on-site electricity sub-station in order to facilitate a gridconnection to the local distribution network via a sub-station in Ogmore Vale. The turbines willbe connected to the on-site sub station via underground cables.

The sub station building will be single storey measuring 7m x 20m with a pitched roof reachinga height of 6m. The building will form part of a compound together with the transformer.

The grid connection itself will be the subject of another consenting regime and is therefore notpart of this application. The transmission of power to the grid will be either via overheadwooden pole mounted wires or underground cables.

Site Access:

Construction traffic will be routed via Junction 34 and Junction 36 of the M4 motorway andalong the local road network before entering the site at an upgraded field entrance to the westof Glynogwr. All abnormal loads will access the site via Junction 36. The access track betweenthe A4093 and the site entrance will be approximately 5m in width and 4km in length, part ofwhich will involve the upgrading of an existing forestry track. The turbines will also be linked byinternal tracks.

It should be noted that notwithstanding the individual access arrangements described here,there is also an application for a joint access track to serve both the Pant y Wal and FforchNest wind farm schemes under reference P/08/962/FUL. This application is also underconsideration at this Committee. The application was submitted following negotiations withboth developers and each party has indicated they will enter a S106 legal agreement topreclude use of their individual access tracks provided that both schemes together with the jointaccess track are approved. Notwithstanding this arrangement, the original access tracks foreach wind farm remain part of the individual application and must therefore be afforded dueconsideration.

Site Accommodation and Temporary Works:

A temporary construction compound will be located close to the turbines on the main part of the


Page 8com_rep

wind farm site with another smaller temporary compound near the site entrance.

Crane pads will be constructed adjacent to each turbine location at the end of each accesstrack. The pads will be constructed of concrete and will measure approximately 20m by 40m.The pads will provide a stable platform for assembly, erection and repair or removal of theturbines and will remain following completion of construction works although they will becovered in top soil and landscaped.

A borrow pit is proposed within the site and would be used to obtain stone for the trackconstruction, which would be reinstated at the end of the construction period. The borrow pitdoes not form part of the current application and will require a separate consent.

Wind Farm Layout and Design

The layout of the wind farm is to a certain extend dictated by the topography of the site, theground conditions and the proximity of other turbines both within the scheme itself and theadjacent Pant-y-Wal proposal. Other constraints include areas of environmental sensitivitysuch as ecology, archaeology and hydrology, proximity to dwellings and proximity to anyobstructions such as trees. The scheme has been designed taking these constraints intoaccount and the resulting layout is therefore not in a uniform pattern but indicates the turbinesdistributed through the site at different levels.

The amended layout proposes 4 turbines (1, 4, 5 & 6) together with the sub-station andcompound. Turbine 6 is approximately 1.7km from dwellings in Evanstown to the east andturbine 4 is approximately 2.4 km from residential properties in Price Town in the OgmoreValley. Turbine 1 is approximately 3.5 km from the centre of Glynogwr to the south. It shouldbe noted that there is a 30m micro-siting allowance for each turbine (50m for turbine 5).

Environmental Impact Assessment

The Town & Country Planning (Environmental Impact Assessment) (England & Wales)Regulations 1999 implement EC Directive 85/337 on the assessment of the effects of certaindevelopments on the environment. The regulations set out procedures to be followed beforeany grant of planning consent as part of an environmental impact assessment (EIA). Windfarms fall within Schedule 2 of the regulations and Circular 15/99 suggests that anydevelopment comprising five or more turbines or over 5MW capacity will likely require EIA. Assuch an environmental statement (ES) has been submitted with the application, which sets outthe results of the EIA undertaken to consider the environmental effects of the proposal.

The ES contains chapters on landscape and visual amenity, ecology, archaeology, noise, trafficand transportation, electromagnetic interference, shadow flicker and safety, geology,hydrogeology and hydrology as well as details on the site selection, land use and detaileddescription of the development and the decommissioning phase.

RELEVANT HISTORY

CONSTRUCTION OF ACCESS TRACK TO SERVE PROPOSED PANTYWAL & FFORCHNEST WIND FARMS

P/08/962/FUL


Page 9com_rep

Neighbours have been notified of the receipt of the application.

PUBLICITY

NEGOTIATIONS

The application was originally submitted in August 2006 and was for a total of 13 turbines 6 ofwhich were to be located within the BCBC area. Previous to this in March 2006 a planningapplication for 14 turbines on adjacent land was submitted by Pennant Walters as part of thePant-y-Wal wind farm proposal also under consideration at this committee under applicationP/06/417/FUL. It was apparent that the two proposals were not entirely compatible as theschemes involved siting turbines of differing heights within close proximity to one another. Bothschemes also proposed individual access tracks with new junctions to the west and east ofGlynogwr.

In 2007, joint meetings with the both developers and Council officers were undertaken andfollowing lengthy discussions a revised and "harmonised" scheme was submitted along with aseparate application for a joint access track in October 2008 under application P/08/962/FUL.This application is also under consideration at Committee.

The revised Fforch Nest scheme involved the deletion of turbines 2 and 12 and a reduction inthe maximum height from 135m to 115m. Consequently the number of turbines within BCBChas been reduced from 6 to 4 although the number of turbines in RCT remains unchanged at 7.

Following a Development Control Committee site visit on the 1st July 2009, additionalphotomontages indicating the access track and view from Evanstown were requested. Theadditional information has been received.

Councillor R Shepherd

Head Of Street Scene (Highways)

Conservation & Environment Policy

Application should be reported to Committee due to the likelihood of serious traffic problems indelivery of materials along unsuitable roads.

No highway objection subject to conditions

No ecological objections

CONSULTATION RESPONSES

The application has been advertised in the press and on site.

The application has been advertised on site and in the surrounding settlements, and neighbourshave been consulted. A public meeting was held in Evanstown in February 2007. The periodallowed for response to consultations/publicity has expired.

P/04/969/OBS, Scoping opinion request for wind farm. Opinion issued 17/11/04

P/06/417/FUL, Wind Farm comprising 10 Turbines, no decision to date

P/08/962/FUL, Joint access track to serve wind farm development, no decision to date


Page 10com_rep

Head Of Street Scene (Drainage)

Assistant Director Public Protection

Environment Agency Wales

Western Power Distribution

Countryside Council For Wales

Glamorgan Gwent Archaeological Trust

Vale Of Glamorgan Borough Council

Neath Port Talbot County Borough Council

Rhondda Cynon Taff Borough

W.A.G. Highways Directorate

Civil Aviation Authority

Defence Estates

Nats (National Air Traffic Services) Safeguarding

Cadw

The Forestry Authority

Group Manager Regeneration

No objections

No objection subject to conditions (see Appendix D for table and notes to be attached to anydecision notice)

No objection subject to conditions

No objections

No objections subject to conditions


No objections

No objections

No objections subject to standard wind farm conditions and noise conditions.

No comments

No objections

No objections

No objections

No objections

No reply received

There are varying views on the impact of wind farms on tourism and there is no definitiveresearch thus no firm view can be given on the effects of wind farms on tourism at this stage.

The Following Representations Have Been Received:-, .The total number of objection letters received is 340. These can be broken down as follows.

Non-standard Responses: 67

Standard Letter type A (pre October 2008): 65

REPRESENTATIONS RECEIVED


Page 11com_rep

Standard Letter type B (post October 2008): 208

The earlier standard letter consisted of 10 objection points with room for the objectors nameand address and signature, an example is attached as Appendix B.

The later letter comprised of a series of 16 tick boxes and room for additional comments. Thesame letter was used for the Fforch Nest proposal (P/06/1080/FUL) Pant-y-Wal (P/06/417/FUL)and the joint access track (P/08/962/FUL). An example is attached at Appendix B.

In addition 4 petitions were received with 88, 23, 57 and 78 signatures.

Representations against the application were also received from Huw Iranca Davies MP, KimHowells MP and Janice Gregory AM. Further comments were received from Huw IrancaDavies MP, which make reference to the Arup report. The earlier comments from JaniceGregory AM were re-submitted together with an additional paragraph relating to the accesstrack.

A letter from Mr. Harry Hayes was sent to the Chief Executive expressing concern regarding there-industrialisation of the area.

A document was received with an extract from the House of Lords Economic Affairs CommitteeInquiry into "The Economics of Renewable Energy". In this extract Dr. P A W Bratby questionsthe use of ETSU_R-97 and central government policy on renewable energy.

A further letter has been received from Mr. F. Jenkins requesting clarification on the exactposition of the access track and the potential for increased power output from more efficientturbines and whether this will lead to increased noise.

Further e-mail representations received from Mr. & Mrs. Cole expressing concern that theproposed legal agreement heads of terms does not include any reference to the exact cost ofreinstating the site at the end of the working life of the wind farm, claims that they had not beenformally consulted on the wind farm applications, querying the public meeting in Evanstown andexpressing concern that the access track will be used for further wind farm developments in thearea.

The total number of letters received in support of the development is 467. This is broken downas follows.

Standard letter type A: 428Standard letter Type B: 17Non Standard: 22

The Standard letter type A comprised a series of bullet points in support of the scheme andwind power with room for additional comments. A copy is attached a Appendix B. The standardletter type B makes reference to global climate change and lists a number of bullet pointssupporting the proposal.

A letter was received from Pontypridd Friends of the Earth, which states that climate change ishappening sooner and with greater intensity than anticipated and that despite local oppositionan independent survey found that 91% of the local population were in favour of the plans for thenearby Mynydd Portref Wind Farm proposal.

THE OBJECTIONS RAISED CAN BE SUMMARISED AS FOLLOWS:


Page 12com_rep

Adversely affect visual amenities

Outside SSA boundary of TAN 8 - Area F

Adversely affects wildlife/protected species/biodiversity/ecology/flora/fauna

Other applications for wind farm proposals within the vicinity

Adverse noise

Impact on health and well-being

Economic threat

Reindustrialisation of the area

Access, traffic and highway and pedestrian safety

Adjoins a SSSI

The scheme includes no provision for decommissioning

Inadequate consultation undertaken

Inadequate Environmental Statement/Errors within the Statement

Misleading information submitted

Vibro Acoustic Disease

Within Special Landscape Area (Coalfield Plateau and Associated Sites and Nature Reserve)

Loss of right to roam

Not in accordance with the UDP

Cumulative impact of wind-farms in the area

Encirclement of the wind turbines around villages

Saturation/Over-concentration of wind-farms in one area

The turbines are too large (higher than recommended height)

Wind is an unreliable source

Negligible impact on reduction on carbon emissions/climate change

Dominates the skyline and landscape

The turbines are incongruous features

Strobing/Shadow/Light Flicker


Page 13com_rep

Adverse impact on historical/archaeological features

Adversely affect the countryside and remoteness of the area

Adversely affect residential amenities

Vibration

Interference on Human Rights

General disturbance

General nuisance

Close proximity to residential properties

Safety Issues (Storms, Ice throw, Fire, Lightning Strikes)

Loss of television signal

Increase in crime/vandalism and anti-social behaviour

Adverse impact on informal recreation (i.e. walking)

Unsuitable area for wind-farms

Devaluation of properties

Increase in Pollution

Increase in Dust

Increase in Dirt

Increase in Grime

Not a cost-effective scheme

Impact on the quality of life of residents

Inappropriate use of land

Change of use of land

Increase in stress

Loss of privacy

Loss of view

No benefits to local residents

Loss of tourism in area


Page 14com_rep

Risk of subsidence/landslips

Pressure for further wind-farms in the area

Damage to properties

Geological fault in the Dimbath Valley

Adversely affects drainage

Adverse impact on local businesses and discourages new businesses from locating in the area

ARUPS does not fully endorse the proposal

Encourages gypsies/travellers to the area

Impact on airline traffic

THE POINTS RAISED IN SUPPORT OF THE PROPOSAL CAN BE SUMMARISED ASFOLLOWS:-

Onshore wind is currently one of the most viable and proven renewable energy technologies

Wind farms in the UK are an essential part of our efforts to combat climate change by reducingcarbon dioxide emissions from power generation through increased use of renewable energyresources

The site is windy and remote with no statutory landscape or wildlife designations.

The visual impact must be put into context with the widespread environmental damage whichclimate change could cause in the area and I accept the wind farm as a necessary feature onthe skyline

We need to reduce our reliance on fossil fuels in order to ensure the future security of supply

We must build more wind farms if we are to meet Welsh Assembly Government, UK andinternational targets for carbon dioxide reductions. The UK has a commitment to the KyotoProtocol, the only international legally-binding agreement designed to address climate change.

The scheme has the potential to supply up to 12,800 homes with clean electricity if 3MWturbines are installed.

The site is within TAN 8 Strategic Search Area F

Wind-turbines are energy efficient

Think they do not detract from the country view

Wind farms are needed to reduce carbon emissions. We need to do it, wind farms are tidy

We need to clean up our act


Page 15com_rep

Hope for saving the planet

They are wonderful looking and a great idea

Reduce global warming

Wind farms are awesome

Anything that helps the environment is fine by me

Renewable energy is the way forward for Wales

Good idea

Look after mother earth

Change welcome

Good for environment

They are beautiful and soothing to watch

Good for the environment It's our future, please don't throw it away

The UK has Europe's best wind energy resource and yet we are failing to fully utilise it. Windenergy is clean, safe and abundant and could bring thousands of new jobs to the UK

We need greener energy for future generations to cut down on global warming Keep the world pollution free. Save our planet

Constructive ideas to introduce new energy sources

The sooner the better and more of them please

Wind farms are fantastic

Wind farms are worth having, especially in Wales

As a geography student, I support renewable energy and would like to see more in the UK

More jobs which are badly needed and no different to the old fashioned windmills.

Anything to better the planet for my grandchildren is ok by me We need eco-energy so I support this wind farm.

Wind farms are not an eyesore.

Keep NIMBYism in someone else's back yard


Page 16com_rep

Wind power will play a key role in our energy future

As a visitor to the area and with family in the area, I fully support this scheme. This is of nationalstrategic and international importance for renewable energy schemes to be approved as soonas possible. Time is running out. I don't want nuclear power anywhere near myself or family and sooner or later we have toaccept that fossil fuels are not the way to go. We need this form of power now not later.

Wind farms are necessary

Important for my children's future

As a tourist to the area and with family here, I would not be put off. In fact, it would enhance thearea with the beautiful iconic windmills.

We need to do what we can to support new energy methods. This is a necessary step.

Addresses climate change

Should make use of what is free, natural and plentiful Minimises the use of fossil fuels Reduces fuel prices

Windy area Low ecological area Far from dwellings Identified by WAG as a suitable area Clean power Minimal impact on the countryside and easily rectifiable Wind is better than any other energy sources such as nuclear, gas, oil etc Visual impact of turbines are less harmful than not addressing climate change

Proposal is supported by renewable energy policies

Local contractors will be employed

Benefits farmers through diversification

Developer will give money to the community

Benefits the environment


Page 17com_rep

Addresses climate change

As walkers, the turbines will add something to the landscape and the enjoyment of the walk

COMMENTS ON REPRESENTATIONS RECEIVED

The comments from the Ogmore Valley Community Council regarding compliance with the UDPare addressed in some detail in the appraisal section where the national policy position is alsodiscussed. Planning Policy Wales and Technical Advice Note 8, Planning for RenewableEnergy (TAN8) sets out the Welsh Assembly Government's position on wind farm developmentand identifies areas where large scale wind farms are likely to be more acceptable includingstrategic Search Area F where the site is located. It is not considered that there is any conflictwith national or local policy and the site lies entirely within Strategic Search Area F (as definedin TAN 8). The site is therefore appropriate in principle for a wind farm development.

The delivery of major turbine components will entail a traffic management plan and includewhere necessary a police escort. It is not considered that the impact on the emergency serviceswill be sufficient to justify a reason for refusal.

It should be noted that the reference to Policy EV9 of the UDP, Development in NationallyImportant Landscapes, may have been included in error by the Ogmore Valley CommunityCouncil. The site does not lie within the Glamorgan Heritage Coast and any views from thisarea are in any case likely to be insignificant.

There is no evidence to suggest that the development will create any threat to the localeconomy.

The application has been advertised in the local press, by way of site notices placed in thesettlements closest to the site and by direct consultation with neighbours. Furthermore a publicmeeting was held in February 2007. It is not considered that there has been inadequate publicconsultation during the processing of this application.

The information contained within the environmental statement (ES) is considered to be accurateand sufficient for the purposes of the Environmental Impact Assessment (EIA) process and thishas been backed up by way of the consultation responses received. It is not considered thatthere has been any misleading information submitted.

The ES contains details of the decommissioning phase of the development

The development will not impact on any rights to roam, which would be covered under separatelegislation.

There is no evidence to suggest that the development will impinge on human rights or interferewith health.

There is no evidence to question the safety of the proposal given the relative remoteness of thesite.

It is acknowledged in the ES that there will be some increased impact during the constructionand decommissioning phases of the development particularly with regard to the access and


Page 18com_rep

transportation aspects of the scheme. However, this is to be expected and will be relativelyshort term. Any adverse impacts can be mitigated by the use of traffic management plans.

It is not considered that the development will give rise to any unacceptable impacts in terms ofloss of privacy.

Any damage to individual properties will be a private matter between the owner and thedeveloper.

The reindustrialisation of the area is not considered to be a material factor in this application,however, the physical impacts of the scheme are discussed in some detail in the appraisalsection.

The issues of national and local policy, noise and vibration, landscape and visual effect, thecapacity of the area to accommodate wind farm development, the impact on ecology anddesignated sites, access, traffic and highways issues, shadow flicker, television reception,tourism, the impact on the historic environment, land stability and effects on airline traffic areaddressed in some detail in the individual sections of the appraisal.

The Arup report and its findings is also discussed in more detail in the appraisal however,notwithstanding the concerns raised the limits identified in that document are guidelines andshould not be regarded as absolute limits. The findings of the TACP report would tend toconfirm that there is sufficient capacity on the area to accommodate the proposal.

The issues raised in respect of the proposed Section 106 legal agreement relating to thedecommissioning works have been noted however, exact figures will be discussed with theapplicant following determination. It is not considered expedient to enter into discussions at thisstage.

Computer records indicate that Cae Rosser Isaf was consulted in 2006 and following thesubmission of amended plans in 2008. On both occasions letters of response were received.

The issues of the effect on house prices, the relative merits of wind power, the pressure forfurther wind farms in the area, the individual loss of view, the perceived increase in crime andvandalism are not considered to be material to the determination of this application.Furthermore there is no evidence that the development will encourage gypsies or travellers tothe area.

APPRAISAL

This report will address the material planning considerations in relation to determination of thisapplication. Wind power schemes are seen as a key part in the Welsh Assembly Government'stargets for renewable energy electricity production and as such it would not be appropriate forthe report to discuss issues such as the relative merits of wind power as a renewable energyresource or the qualities of national planning guidance including Ministerial Interim PlanningPolicy Statement (MIPPS) 01/2005 and Planning Policy Wales Technical Advice Note (TAN) 8.

Members carried out a full Committee site visit on the 1st July 2009 and viewed the proposalfrom locations in Glynogwr (at the proposed Fforch Nest wind farm individual access), CaeRosser Farm (adjacent to Cae Rosser Isaf) and Evanstown. Members also viewed theproposed joint access track entrance (and Pant-y-Wal wind Farm individual access).


Page 19com_rep

The report will assess the relative merits of the proposed Fforch Nest wind farm within theBridgend County Borough area although many of the issues discussed in the appraisal will becommon to the adjacent proposal for the Pant-y-Wal wind farm and the element of the FforchNest scheme within the RCT area. This to a certain extent is reflected in the report particularlywith regard to the policy, landscape and visual topics where the three proposals will be viewedas one wind farm. However, members are reminded that any determination on this applicationnotwithstanding any other recommendations or decisions relating to the other relevantapplications before the Development Control Committee, will be for the development of 4 windturbines together with its associated individual access and infrastructure as part of the FforchNest wind farm development.

The appraisal will be split into 11 sections.

1. The development in relation to the national and local policy context.2. Landscape and Visual Amenity3. Ecology and Biodiversity4. Noise5. Access, Transportation & Highways6. Tourism 7. Shadow Flicker 8. Electromagnetic Interference 9. Geology, Ground and Surface Water10. Archaeology11. Radar and Air Traffic Control.

1. THE DEVELOPMENT IN RELATION TO THE NATIONAL AND LOCAL POLICY CONTEXT.

Planning Policy Wales (PPW) sets out the land use planning policies of the Welsh AssemblyGovernment. The Ministerial Interim Planning Policy Statement (MIPPS) 01/2005 Planning ForRenewable Energy, updates this document in respect of planning applications for renewableenergy schemes and outlines the Welsh Assembly Government's (WAG) commitment torenewable energy as a means of reducing carbon emissions. The document indicatesestablished specific renewable electricity production targets for Wales of 4 TWh per annum by2010 and 7 TWh per annum by 2020. The 4 TWh target equates to a little over 10% of Welshelectricity production. In order to meet the 2010 renewable energy target, WAG's energy policyis that 800 MW of renewable energy capacity should be provided from strategic onshore windenergy development mostly in the form of a small number of large wind farms. A further 200MW should be provided from offshore wind and other renewable technologies

PPW is supplemented by a series of Technical Advice Notes, including. Technical Advice Note8 (TAN8), which sets out the policy for the current position on renewable energy and the targetfigures for 2010 and 2020. It provides the land use planning guidance to facilitate the delivery ofthese targets through the planning system. The role of Strategic Search Areas (SSAs) isintroduced in TAN8, which states that large scale onshore wind developments i.e. over 25MWshould be concentrated in the SSAs. The SSAs are designed to display the followingcharacteristics; Good wind speeds, upland areas dominated by conifer plantation and/or/improved/ impoverished moorland, generally sparsely populated, general absence of natureconservation or historic landscape designations and largely unaffected by radar or MODconstraints. The proposed Fforch Nest Wind Farm proposal(and Pant-y-Wal wind farm) arewholly within SSA F - Coed Morgannywd.

TAN 8 also gives advice on a wide range of factors that have to be taken into account in


Page 20com_rep

development control decisions, and includes endorsement for the use of the ETSU-R-9710report on assessing the effects of noise on sensitive receptors, advice on ecology, aviation,electromagnetic interference, shadow flicker, and on the key issues of landscape/visual impactand cumulative effects is contained in technical annexes. It is noted that the Policy Statementon Renewable Energy contained as Annex A of TAN8 suggests that onshore wind will be themain large-scale technology that is capable of enabling renewable energy targets to bereached.

Other Relevant Technical Advice Notes are the Draft TAN5, Nature Conservation and Planningand TAN 11, Noise.

The Renewable Energy Route Map for Wales (Consultation Document February 2008) sets outa vision of making Wales a showcase for clean energy whilst maintaining our internationalcompetitiveness. It identifies renewable energy as being able to contribute to security of energysupply, is affordable, does not produce waste or contributes to global warming. The Route Mapsets out the five important strands to Welsh energy policy, the first being securing renewableelectricity production targets by 2010 and 2020 and sets out a continued commitment to windenergy as the most readily available commercial renewable technology, and confirms theintention to pursue the proposals in TAN8 with a view to reviewing the targets upwards in duecourse.

'Meeting the Energy Challenge: A White Paper on Energy' was published by the DTI in May2007, replacing the 2003 Energy White Paper. It sets out a framework for action to address thechallenges of climate change and secure energy supplies, and to manage the risks associatedwith them. It includes international and UK strategies. Chapter 1 sets out the need for acomprehensive approach to energy policy in the light of climate change and security of supply.

'TAN 8 Annex D study of Strategic Search Areas E and F: South Wales Valleys' (the 'Ove ArupStudy'), was commissioned by the Consortium of South Wales Valleys Authorities, andendorsed by the Planning & Development Committee of the Council on the 1st December 2006;This is the local refinement of the boundary of SSA F and has been adopted by the Council asInterim Development Control Guidance. The report indicates that both wind farm proposals fallwithin zones 33 and 34 of the refined SSA which is suited to development of a 'large wind farm'i.e. with turbines up to a maximum of 100m with a total capacity of 19MW. It should be notedthat both wind farms propose 115m turbines with a combined capacity of more than double thatsuggested in the ARUP refinement. However, members are made aware that these figures areestimates not absolute limits and do not represent a ceiling. If smaller turbines were to be usedthen there would be a corresponding need for more machines. The capacity of the area toaccommodate the wind farms is discussed in more detail in the TACP report referred to below.

The Council commissioned consultants TACP to review the impact of the windfarm applicationsNorth of Glynogwr on the landscape and visual amenities of the area. A report entitledBridgend Wind Farm Appraisal, Pant-y-Wal and Fforch Nest, May 2009, (The TACP report) hasbeen used to inform the Council on matters pertaining to landscape and visual amenity inrespect of this and the adjoining wind farm proposal.

There are several policies of the Bridgend Unitary Development Plan (UDP), which wasadopted by the Council on the 12th May 2005, which are of relevance to the above proposals,in particular:

Part 1 Policies 1, 2, 10, 18 and 19;

Part 2 Policies EV1, EV7, EV10, EV18A & B, EV19, EV20, EV27 & 28, EV42, EV43 & 44, T12,


Page 21com_rep

T13(4), RC10(12 & 13), TM1, UNS1, U2 and U3.

UDP Part 1 Policy 1 is an 'over-arching' policy which is intended to be in tune with 'currentGovernment guidance in Wales' (UDP para. 3.1.5 refers). The latter substantively changedafter the adoption of the UDP by publication of MIPPS 01/2005 Planning for Renewable Energyand Technical Advice Note (TAN) 8 in July 2005 and referred to above. The proposals broadlyaccord with the intentions of Part 1 Policy 1 as updated by national policy in that they seek to'enhance, protect and conserve' the environment of the County Borough while not 'diminishing,endangering or neglecting' it as a 'varied and finite resource'. The proposals constitutedevelopment in the countryside which should be strictly controlled, but utility service provision isan acceptable exception to that strict control. Therefore, the proposals also accord in principlewith UDP Part 2 Policies EV1, EV7, and EV20, in that on balance they should have a scale,siting, layout, design, and external appearance that will be compatible with the landscape etc.,given that their implementation would involve landscape change, and introduce new visualelements as envisaged in national policy, while seeking to maintain or enhance the quality ofthe environment, and sustaining the biodiversity of the countryside.

It is the intention of UDP Part 1 Policy 2 to take the 'over-arching principle embodied in Policy 1and to apply it specifically to 'each component of the County Borough's environmental resource'(UDP para. 3.1.6 refers). This involves safeguarding the integrity of the countryside and thebuilt environment through careful siting, planning and design, and by protecting, conserving andenhancing (inter alia) international, national, regional and local biodiversity, and 'speciallandscape areas'.

In this respect, the proposals should also accord in principle with UDP Part 1 Policy 2 and UDPPart 2 Policy EV10, given that the Welsh Assembly Government (WAG) 'accepts that theintroduction of new, often very large, structures into the open countryside needs carefulconsideration to minimise the impact on the environment and landscape. However, the need forwind turbines is established through a global environmental imperative and international treaty,and is a key part of meeting the Assembly Government's targets for renewable electricityproduction. Therefore, the land use planning system should actively steer developments to themost appropriate locations'. (MIPPS 01/2005 para 12.8.9 refers). TAN 8 identifies those 'mostappropriate locations' for large scale wind farm development (i.e. wind farms over 25MW) inWales and designates them as 'Strategic Search Areas' (SSAs). The application sites lie withinSSA F 'Coed Morgannwg', as designated in TAN 8, which includes a part of two 'SpecialLandscape Areas' that are designated in the adopted UDP, but which are not considered to beof international or national importance.

With regard to the emerging Bridgend LDP, its preparation is only at the Pre-Deposit Proposalsstage (December 2008) and consequently it currently carries very little weight for decision-making. However, it is noteworthy that the LDP Preferred Strategy and Strategic Policiesformulated to date encourage the development of renewable energy generation whileconserving and, wherever possible enhancing, protecting and improving the naturalenvironment, including the countryside, important landscape features, and biodiversity of theCounty Borough. Strategically important areas such as Special Areas of Conservation (SACs),National Nature Reserves (NNRs), the Glamorgan Heritage Coast, and other 'SpecialLandscape Areas' are singled out for specific protection, however, the latter will not bedesignated until they are defined in the future Deposit LDP. The Pre-Deposit Proposals alsoemphasise that proposals which contribute to meeting national renewable energy targets will befavoured, provided there will be no adverse impacts on the environment and local communities.In respect of the latter, 'Large-scale wind power developments' will be specifically directedtowards the 'locally refined TAN 8 SSA F' in accordance with national policy. (LDP StrategicPolicies SP2, SP4 and SP9 refer). The proposals, therefore, also accord in principle with the


Page 22com_rep

currently emerging strategy and policies of the LDP.

UDP Part 2 Policies EV18A & B, EV19, and EV20, seek to protect internationally, nationally,and regionally/locally designated sites for nature conservation (and more general protection ofbiodiversity including its habitats and species) from any potentially adverse impacts ofdevelopment. The submitted comprehensive documentation which comprises theEnvironmental Statements (including their Revisions and additional Surveys etc.) for eachapplication address these matters and this issue is discussed in more detail below.

UDP Part 2 Policies EV27 & 28 aim to reduce noise generation and its unacceptable impact onsensitive receptors (which include residential properties, wildlife, and areas where theenjoyment of the landscape might be affected by noise e.g. existing and proposed recreationsites). Noise is addressed in the ESs (and their revisions) for the individual wind farmproposals, and is discussed in greater detail below.

UDP Part 2 Policy EV42 states that 'development which would adversely affect an historiclandscape will not be permitted'. While neither of the proposed wind farm proposals submittedwithin the County Borough lie within a registered Historic Landscape, it should be noted thatmost of the Fforch Nest is located within the adjacent Rhondda Special Historic Landscape inRCT. In this respect, it is noted that the independent ASIDOHL Surveys which have beensubmitted by the applicants each conclude that the overall direct physical impact on the HistoricLandscape would be very slight, the visual impact on the same would be moderate, and thecumulative effect of these impacts for the reduction in the value of the Rhondda Special HistoricLandscape, as a whole, would be categorised as slight. These conclusions have beensupported by Cadw, therefore the proposals would also accord in principle with adopted UDPPolicy EV42, notwithstanding the fact that much of the proposals' site is located in a high qualitylandscape and has visual connectivity with the extensive upland that typifies this part of theCounty Borough, this is confirmed by TACP in their landscape and visual appraisal of theproposals.

UDP Part 2 Policies EV43 & 44 aim to protect known, potential, or suspected sites ofarchaeological significance. The applicants' ESs conclude that there should be no directimpacts on 'known cultural heritage features', and only 'indirect visual impacts of moderatesignificance' on archaeological sites. They also propose that 'watching briefs' will be carried outduring soil stripping operations in mitigation, and any presence of buried archaeology will berecorded if required, as there is a potential for further archaeological features of probably lessthan national importance to be present which have not previously been identified. The settingsof Scheduled Monuments (and Listed Buildings) within the vicinity of the proposals' site wouldnot be expected to be significantly affected as views of them are either obscured, or aresituated at too great a distance from the development. The issue of archaeology in relation tothe development is discussed in greater detail below.

UDP Part 2 Policies T12 and T13(4) relate to any potential impacts of the proposals on thepublic rights of way network during construction and afterwards, and whether the proposals canbe safely and efficiently accessed from the Ogmore Transport Corridor.

UDP Part I Policy 10, and Part 2 Policies TM1 and RC10 (12 & 13) promote appropriate ruraltourism opportunities and encourage the use of the Cwm Dimbath and Cwm y Fuwch areas forinformal recreation purposes respectively. In this respect the upland and forestry areas of theCounty Borough have many opportunities for tourism and informal recreation that are notcurrently being fully realised, whereas it is recognised that for a great many people the ability towalk, sit, look at a view, to picnic, or simply visit places as their main enjoyment of thecountryside, which can contribute greatly to personal health and well being. The upland areas


Page 23com_rep

of the County Borough are also being increasingly used for popular outdoor sports activitiessuch as hang gliding etc. and are a tourism attraction in their own right.

UDP Part I Policy 18 and Part 2 Policy UNS1 relate to the development of unstable orpotentially unstable land. The applicants' ESs examine the geology, hydrogeology andhydrology of the sites, and acknowledge that there are geological constraints that could affectthe proposed development. This is discussed in some detail below.

UDP Part 1 Policy 19 states that 'Development for 'utility services or the exploitation ofrenewable energy sources will be favoured where it can best be demonstrated that any adverseeffect on the best and most sensitive environments (in terms of landscape and scenic,architectural and historic, and nature conservation value) would be minimal. Accordingly, thePolicy implicitly acknowledges that development such as wind farms may have adverse effectsbut provided that in those 'best and most sensitive environments' those effects would be'minimal' they will be favoured in principle. The foregoing assessment of the proposals hasshown that the effects upon the historic environment and nature conservation interests shouldin this instance be minimal and would not in my view give rise to undue harm. The landscapeand visual impacts of the proposals have been thoroughly assessed both in the applicants ESsand these have been reviewed in the findings of the Council's commissioned 'Wind FarmsAppraisal' undertaken by Consultants TACP, which is examined in relation to adopted UDP Part2 Policy U2 below.

UDP Part 2 Policy U2 confirms that proposals for wind farms and wind turbines will be'encouraged in the interests of protecting valuable energy sources and limiting emissions ofgreenhouse gases'. Such developments must, however, satisfy four criteria of assessment tobe permissible in principle, and that 'the cumulative, as well as individual, impact ofdevelopment proposals on sensitive environments will be assessed'. As explained in thesupporting text to Policy U2, the Council will seek to protect those interests listed in the criteriacontained in the Policy from intrusive or harmful development which will have an adverse effectupon those interests. I have therefore examined the submitted proposals (and their respectiveESs) taking on board the recommendations of the Council's expert Landscape Consultants andwould make the following observations in respect of the criteria of adopted UDP Policy U2:

1. The proposals' site does not lie within the Glamorgan Heritage Coast, and therefore itaccords with this criterion of Policy U2.2. The proposals' site is located within two designated 'Special Landscape Areas' (SLAs), asdefined in UDP Policy EV10, i.e:

(1) The Strategic Coalfield Plateau and its associated Valley Sides, and(2) The Upper Dimbath Landscape Conservation Area (in part)

However, as referred to under Points 1(a & b) above, these parts of the respective SLAs areincluded within the TAN 8 SSA F designation (albeit at its edge and within its buffer zone) whichis one of the 'most appropriate locations' for large scale wind farm development in Wales,where, more importantly, it is accepted under national planning policy that there will inevitablybe landscape change even after careful consideration to minimise the impact of new, often verylarge, structures on the environment and landscape. Similarly, most of the proposeddevelopment (except for three of the proposed Pant y Wal Wind Farm's turbines) also lieswithin the locally refined boundary of SSA F as recommended in the 'Ove Arup Study' whose'appropriate recommendations' have already been endorsed by the Council. Bearing in mind theintentions of adopted UDP Part 1 Policies 1, 2, and 19, and Part 2 Policy EV1, with which theproposals have been assessed to be in broad accord in principle in terms of their location, theymust nevertheless be carefully considered in terms of their cumulative as well as individual


Page 24com_rep

impact on the landscape and in visual terms to satisfy this criterion of Policy U2. A substantialpart of both ESs submitted with the applications (as subsequently revised and re-assessed)address these interests.

Reference is made to the comprehensive findings in the TACP report, which reviews the ESsfor the wind farm applications including the Joint Access Track proposal, and which undertakesa capacity assessment for the upland area of the proposed wind farms. The TACP Appraisaltook due account of all revisions to the schemes and the additional information included in theASIDOHL reports. Essentially, the TACP Appraisal concurs with the results of the landscapeand visual impact assessments undertaken for the proposals; however, the reviewdemonstrates that the indirect impacts on the landscape through its visual context is consideredto have been 'underestimated' especially for the adjacent upland areas.

In view of TACP's conclusions expressed in paragraph S13 of the Executive Summary to theirAppraisal Report, especially that the 'landscape and visual impacts of these proposals arerelatively contained', it is considered that they are in accord in principle with the relevantprovisos made in criterion 2 of Policy U2, the remainder of the criterion having already beensatisfied in respect of the adjacent Rhondda Historic Landscape. Furthermore it is notconsidered likely that the proposals should have any harmful impact upon the Kenfig SAC as itis situated at a considerable distance away at the opposite side of the County Borough, theproposals therefore also accord with this criterion of Policy U2. In summary, therefore, theproposals would therefore also accord in principle with adopted UDP Part 1 Policy 19, and Part2 Policy U2.

Lastly, UDP Part 2 Policy U3 lists those detailed considerations which will need to be addressedin respect of the proposals, given they do not conflict in principle with adopted UDP Policy U2.These are largely matters of detail which are for consideration, and most can probably beovercome through appropriate conditions and/or through a Section 106 Agreement.

Given the above considerations the applications are generally in accord in principle with boththe relevant policies of the adopted and emerging development plan.

2. LANDSCAPE & VISUAL

Wind farm developments by their very nature are likely to raise issues in terms of their visualappearance and their setting within the landscape. Also, the proximity of the site to the Pant-y-Wal wind farm proposal would mean that both schemes will appear for all intents and purposesas a single wind farm when viewed from outside the site(s). The cumulative impact of thesewind farms with other wind farm schemes such as the existing operating Taff Ely wind Farmand consented Mynydd Portref scheme to the south of the site in the area must also beconsidered. The potential impact of the development on the surrounding landscape as well asits visual impact forms a substantial part of the submitted ES which includes relevantassessment of the landscape issues as distinct from the visual appearance of the proposal. Allfurther references to 'the site' in this appraisal relates to the combined application sites of theindividual wind farm proposals and their suggested accesses which are under considerationunless specified otherwise.

In terms of adopted development plan policies, the site lies within two designated 'SpecialLandscape Areas', that is wholly within the Strategic Coalfield Plateau and its Associated ValleySides and partly within the 'Upper Dimbath Landscape Conservation Area' as identified in PolicyEV10 of the adopted Bridgend Unitary Development Plan. Both of these 'Special LandscapeArea' designations are matters of principle for the assessment of the applications under one ofthe criteria contained in Energy and Utilities Policy U2 of the adopted UDP. Any proposals


Page 25com_rep

which may thereafter be considered to be permissible under Policy U2 must then satisfy thedetailed criteria pertinent to their further assessment under Policy U3 of the adopted UDP. Also,the Rhondda Landscape of Special Historic Interest lies to the north of the site within RCT.Furthermore, the site is located entirely within Strategic Search Area (SSA) F as designated inTAN 8, and all 4 turbines are within the "refined" SSA as defined in the Arup report as referredto earlier in this appraisal.

The pre-application scoping opinion identified that the site lay within an area of high biodiversityvalue, which is also evaluated as 'high' under the LANDMAP assessment. For membersinformation LANDMAP is the Welsh Assembly Government (WAG) approved landscapemethodology and comprises of a series of "layers" including visual and sensory, culturalheritage, historic landscape, geological landscape and landscape habitats. The landscape andvisual impact assessment (L&VIA) in the ES has been undertaken in this context and describesthe construction and operational phases of the proposed wind farm on the landscape of the siteand its environs as well as the effects on visual amenity. This includes the effects on featuresand characteristics assessed as important to the landscape character of the site andsurrounding landscape. Views of the site are also considered both from within the site and thesurrounding area including any highways and the rights of way network. A cumulativeassessment of the development with the Pant-y-Wal, Taff Ely and Mynydd Portref wind farmshas also been undertaken.

With regard to the visual assessment a zone of visual influence (ZVI) has been examined up to30 km radius from the centre of the site. The cumulative ZVI (CZVI) includes other existing andconsented wind farm development up to 60km from the site and extends to part of the GowerAONB, Brecon Beacons National Park and the Glamorgan Heritage Coast.

As part of the ES an Assessment of the Significance of Development on Historic Landscapes(ASIDOHL) for the both the proposal and the cumulative Pant y Wal and Fforch Nest windfarms was submitted.

A landscape and visual assessment has been undertaken for the amendedproposal. The assessment comprised a combination of an information review, consultations,fieldwork observations and photography, computer-based data procession and analysis. Theassessment relates to the development of the entire Fforch Nest wind farm and not just the fourturbines located within the BCBC area. Further to this assessment, an assessment was carriedout on the cumulative effect considering all known schemes in the surrounding area and inparticularly the proposed Pant y Wal Wind Farm. The following conclusions were reported.

Due to the decrease in number of turbines and the lower tip height, all of the effects measuredare equal or better than those recorded in the original assessment of thirteen turbines.

The effects on the landscape fabric of the site as a result of the turbines will be minimal inextent and reversible at the decommissioning phase and not significant in landscape terms.

Short lengths of hedgerow will be lost where the access track runs through existing hedgerowfield boundaries but, overall, the effects of the development on the landscape fabric of the siteand surrounding area will not be significant.

The eleven turbines at Fforch Nest (including the element of the scheme within RCT) will resultin an obvious change in character to the landscape of the site and immediate locality. Thesignificant visual effects beyond the immediate site are largely localised and constrained by thetopography to the open ridge tops, where the size of the development can be absorbed in thewide panoramic views. For these views, it is often necessary to walk/ cycle/ horse ride in order


Page 26com_rep

to experience the views as the ridges have limited access especially via A/B-roads; views fromthe urban, populated and accessible areas, on the other hand, will be minimal and thesignificant effects are generally as originally predicted in the original ES for the majority of theassessed viewpoints.

In terms of its cumulative effect, the speculative existing, consented and proposed wind farmbaseline, the ZVI and viewpoint analysis indicates that combined or successive cumulativevisual effects as a result of the introduction of the proposed Fforch Nest Wind Farm may bemost frequently experienced with respect to the Pant y Wal and Mynydd Portref Wind Farms,and less frequently with the proposed Hirwaun, Maerdy, Mynydd Marchywel and GlyncorrwgWind Farms.

The most notable cumulative effects would be in relation to the proposed Pant y Wal wind farm,due to the contiguous nature of this and the Fforch Nest turbines, the two developmentstogether may be perceived to be one wind farm, and the ZVIs for both schemes are largelycoincident. No significant cumulative effects are anticipated to the landscape fabric of the siteas a result of the addition of the proposed Fforch Nest Wind Farm to the speculative baseline ofexisting, consented and proposed wind farms. There may be some cumulative effects to thelandscape fabric of the site as a result of the proposed Pant y Wal and Fforch Nestdevelopments, due to their contiguous nature. However, such effects are not anticipated to besignificant.

Due to the location of the Pant Y Wal turbines, Fforch Nest would not extend the presence ofturbines within the wider landscape, the character of the site and its immediate surroundingwould already be modified and characterised by the Pant Y Wal turbines. In addition windturbines are already a readily recognisable feature within the wider landscape, and wouldbecome more prevalent by the construction and operation of all existing, consented andproposed schemes. Therefore the resultant cumulative effects on the wider landscapecharacter and designated landscapes as a result of the addition of the proposed Fforch NestWind Farm to the speculative baseline would not be significant.

In conclusion by siting the development in an area where wind energy infrastructure is already avisible recognisable characteristic feature, the resultant significant cumulative effects inlandscape and visual terms would be limited and localised.

In view of the major landscape and visual implications of the development, landscapeconsultants TACP were commissioned on behalf of the Local Planning Authority to review thesupplementary information provided for the Environmental Statements prepared for Pant y Waland Fforch Nest Wind Farm planning applications and to undertake a capacity assessment forthe upland area of the proposed wind farms. The main purpose of the review was to considerthe impact of the proposed wind farms both individually and in combination on the landscape ofthe area and the visual impact on the settlements affected. A copy of the executive summary ofthis report is attached as Appendix A.

The report also included a review of the landscape and visual impacts contained within theEnvironmental Statements submitted as part of the applications as well as a review theproposals against the TAN 8 Annex D study of Strategic Search Areas E and F: South WalesValleys 2006 report prepared by Arup for the Consortium of South Wales Valleys Authorities.The report indicated that the assessments carried out as part of the review generally concurwith the results of the landscape and visual impact assessments undertaken for both the Pant yWal and Fforch Nest wind farms although some indirect impacts on the landscape for adjacentupland areas through its visual context have been underestimated. Nevertheless, the revisionsto both schemes have gone some way to reduce the landscape and, more particularly, the


Page 27com_rep

visual impacts of the schemes. The report concludes that the upland setting, large scale oflandform, simple land-cover and relatively sparse population make Mynydd Maesteg a possiblelocation for wind generated energy. This has been confirmed through the TAN 8 StrategicSearch Area refinement exercise and an area of Mynydd Maesteg has been included within therefined Strategic Search Area (SSA) boundary identified for large scale wind farms.

The TACP report also identifies that there will be significant changes in the landscape contextof a number of high value landscape areas especially those within which the wind farms arelocated as well as the adjacent uplands of Mynydd Llangeinwyr and Mynydd Gaer. Both windfarms are located within the BCBC Special Landscape Area and the greater part of Fforch NestWind Farm is located within the Rhondda Historic Landscape in RCT. There will also besignificant visual impacts on settlements in close proximity to the proposed wind farmsespecially Gilfach Goch, Evanstown and Glynogwr although longer views will be amelioratedthrough screening from local topography and vegetation.

With respect to cumulative visual impact, relevant existing and proposed wind farms have alsobeen reviewed as part of the report. With regard to the existing and consented wind farms, theproposed Pant y Wal and Fforch Nest schemes would be most frequently viewed with theexisting Taf Ely Wind Farm and consented Mynydd Portref Wind Farm. Given the proximity ofthese two proposals there is a high frequency of combined views, and as such a highcumulative impact, on a small number of settlements such as Gilfach Goch and Glynogwrwhere all four of these wind farms would be visible as important elements within the view.Scarweather Sands Wind Farm would be viewed with moderate frequency but is located at adistance of approximately 28km from the proposed wind farms. The consented Power Factory,Fochriw, and Maesgwyn wind farms as well as the existing Ffynon Oer Wind Farm would havea limited cumulative impact.

The capacity assessment carried out by TACP took into consideration the recommendationsfrom the Arup Report, landscape sensitivity of the area, visual impact using key viewpoints, areview of populations, location and visibility to the area and the implications of policy issues oncapacity. As part of the review an assessment of the visual impact of the proposed wind farmson each settlement within 30km study area was considered for Pant y Wal Wind Farm, FforchNest Wind Farm and the combined effect of Pant-Y-Wal and Fforch Nest wind farms.

The Settlements within the 30km study area ZVI were identified and views from thesesettlements assessed using the following definitions:

a) Negligible: No part of the development is discernible or is at such a distance that it isscarcely apparent in the view.

b) Minor: Proposals constitute only a minor component of the view, which couldbe missed by the casual observer having little effect on the nature of the view.

c) Moderate: Proposals form a visible and recognisable new adverse elementwithin the overall scene and may be readily noticed by the observer

d) Prominent: when they are easily seen without the need for close examinationof the landscape

e) Dominant: where they are not just visible but draw the eye to the extent that little else is seeneven in an attractive landscape


Page 28com_rep

f) Overwhelming: if they are so close and of such a size as to make theobserver uncomfortable and want to move away.

The relevant ZVI illustrates that due to the topography there will be very few views of the windfarms from the majority of the towns in the study area, these include the settlements ofMaesteg, Pencoed, Pontycymer and Pyle within the BCBC area.

However, the ZVI suggests some visibility from a number of towns and settlements within theBCBC area summarised as follows:

Gilfach Goch/Evanstown: Views would be restricted to residents facing northwest towards theturbines that are not obscured by other buildings. Views of the turbines would be dominant dueto the proximity to the development. It should be noted that these views would be mainly limitedto properties within RCT. An additional photomontage indicating the proposed developmentfrom the centre of Evanstown has been submitted and suggests that views will be mainlyrestricted to blade tips.

Glynogwr: Open views are available from the northern edge of the village towards the proposedturbines. The proposed access track would be visible in part in the lower section. Views of theturbines here would be dominant due to the proximity to the development with the Pant-y-Walturbines being closest.

Nant-y-Moel: The majority of the settlement would have no views of the Fforch Nest scheme butthere would be some limited views of the Pant y Wal Wind Farm from the very edge of thesettlement. Due to the valley nature views would be restricted by vegetation and the built formand thus the impact would be reduced to Moderate.

Ogmore Vale: The majority of the settlement would have no views but some limited views wouldbe available from the very edge of the settlement. Due to its valley nature, views would berestricted by vegetation and the built form and thus the impact would be reduced to moderate.

The views from Bettws, Sarn & Aberkenfig, Bridgend, Cefn Cribbwr and Porthcawl wereconsidered to be minor. The significance of the proposed wind farms on views from settlementswithin the 30km study area are shown to be greatly reduced for settlements greater than 6kmfrom the site. Settlements located further than 6km from the development have all beenassessed as having a minor to negligible effect on views; this is due to the reduced prominenceof the proposed turbines and the increased screening effect of vegetation, topography and thebuilt form of urban development when viewed at these distances. For settlements within the6km distance from the site only the villages of Gilfach Goch, Glynogwr and Evanstown areassessed as the turbines having a dominant effect on the views, this is due to the very closeproximity of the turbines and lack of screening features.

The other settlements within the 6km distance are all assessed as having a moderate impact onthe views due to their locations within valleys, which would allow for a greater screening affectof vegetation, topography and elements of the built form of each settlement. The TACP reportgenerally concurs with the Arup Report inasmuch as the area proposed for the refined SSAboundary, whilst impacting upon the settlements of Gilfach Goch, Evanstown and Glynogwr,has lesser impacts than surrounding areas.

The Fforch Nest Wind Farm lies totally within the refined SSA F boundary. Furthermore, theamended scheme for both Pant y Wal and Fforch Nest represents a positive improvement overthe original proposal in landscape and visual terms.


Page 29com_rep

The TACP report did however, identify that turbine 14 of the Pant-y-Wal Scheme was the mostprominent from a number of locations and recommended the removal or possible relocation ofthis turbine in order to reduce the overall visual impact of the both wind farms. As discussedabove, the applicant has confirmed that this turbine has now been removed from the scheme.

The Countryside Council for Wales (CCW) is the Government's statutory advisor on sustainingnatural beauty, wildlife and the opportunity for outdoor enjoyment in Wales and is also astatutory consultee on planning applications that may impinge upon the its remit. In its responseCCW has not offered any adverse observations in respect of the landscape and visual aspectsof this proposal and states "It is the opinion of the CCW that the Landscape and Visual ImpactAssessment (LVIA) chapter of the Environmental Statement (ES) is sufficiently detailed andreaches reasonable and appropriate conclusions in respect of the predicted landscape andvisual impacts". Whilst there is acknowledgement that there will be landscape change, this isnot at odds with the advice contained within national planning advice (TAN8).

Cadw is the Welsh Assembly Government's historic environment division and has indicated thatthere are no serious concerns regarding the impact of the proposed development on theRhondda Historic Landscape.

The proposed access track for the development raises landscape and visual issues in itself andwhilst these are not as significant as the turbines this aspect of the development must beconsidered. As referred to above, a separate application for a joint access track has beensubmitted and is under consideration. This proposal intends to remove the need for twoseparate tracks to serve both wind farms and the need for a lengthy access link through theOgmore Forest to facilitate the Pant-y-Wal scheme. Notwithstanding the main landscape andvisual issues described above the TACP report concludes that "it is considered essential thatshould the applications for these wind farm developments be granted, the applicants mustensure that each wind farm is accessed solely by means of the proposed joint access; and thatno developments entail the construction or use of any separate access tracks included in theoriginal planning applications". Whilst the Fforch Nest scheme does not propose the lengthyaccess link as per the Pant-y-Wal scheme and is thus more acceptable in visual amenity termsif the scheme is considered in isolation, members should also be mindful that neither proposeddevelopment may be acceptable if considered solely with regard on its own proposed accesstrack, or indeed in respect of their combined impacts as opposed to a joint track. The individualaccess track will be discussed in greater detail in Section 5.

Given the impacts and recommendations identified above and the TACP assessment, it isconsidered that there is sufficient capacity on Mynydd Maesteg for wind farm development interms of its landscape and visual capacity. It is considered that the criteria required for windfarm development are met and the landscape and visual impacts of these proposals arerelatively contained. However, there are a number of consented and proposed wind farms thatwill impact visually and indirectly upon this area and reinforce the "wind farm landscape" to thenorth and north east of the County Borough. The TACP report also recommends thatsubsequent wind farm proposals are reviewed with increasing scrutiny with regards thosepeople living, working and travelling through the area. TACP's recommendation must also be balanced against the advice in TAN8 which states"Within (and immediately) adjacent to the SSAs, the implicit objective is to accept landscapechange i.e. a significant change in landscape character from wind turbine development". In thiscase it is considered that the landscape and visual effects as described above are insufficient tooverride the national planning policy presumption in favour of wind farm development in thisarea.


Page 30com_rep

3. ECOLOGY AND BIODIVERSITY

The potential impact of the wind farm development on the ecology or biodiversity of an area aswell as any effect on a protected species is a material planning consideration. Planning PolicyWales para 5.5.1 advises that biodiversity considerations must be taken into account indetermining individual applications. Further advice is contained in the Draft Technical AdviceNote 5 nature Conservation and Planning (TAN5). UDP policies EV18, EV19 and EV20 arealso relevant.

The ES has a specific chapter on ecology and has provided an assessment on the survey areai.e. the turbine locations and the proposed access route. A supplementary bat report has alsobeen submitted as part of the assessment. The assessment involved field surveys followingadvice from CCW and other consultees and is based on the following.

Extended Phase 1 Habitat survey, including protected mammal, reptile and amphibian survey Detailed vegetation survey around the turbine locations Winter birds surveyBreeding birds survey (including marsh fritillary butterfly survey)Vantage-point survey of birds over-flying the study areaNightjar surveys

No statutorily designated sites are situated within the boundary of the site although the Darren yDimbath Site of Special Scientific Interest (SSSI) is located within the Ogmore Forestapproximately 900 to the south west of the main wind farm site. This site comprises a richassemblage of liverworts, mosses and rare ferns. Within the BCBC area there are also 3 Sitesof Importance for Nature Conservation (SINC) within 2km of the site boundary. The BlackmillWoods Special Area of Conservation (SAC), lie to the south-west of the main wind farm sitesand along the access route corridor. The ecological surveys were updated following the revisedlayout proposals in 2008.

The main ecological issues identified within the site are

* The presence of various species of bats close to the southern part of the access track

* The small areas of mires and wet flushes associated with the upland site

* The presence of birds of prey such as Merlin, Hen Harrier and Peregrine in small numberscrossing the site as well as the potential for Red Kite to use the area. Nightjars breed in closeproximity to the wind farm area.

* The loss of hedgerow connectivity along the access track.

The ES has covered these issues and has concluded that the impacts of the proposal on thevarious features is minor to negligible. The preparation and implementation of a HabitatManagement Plan is suggested as a mitigation measure and this may be controlled by way of aplanning condition. Other mitigation measures to off set any impact from the developmentinclude locating the turbines so as to avoid interference with mire habitats. The ESacknowledges that there will be some ecological disturbances during the construction anddecommissioning phases of the development however, there will ne no permanent habitat lossor impact on any protected species.

The County Borough Ecologist has not raised any objections to the proposals.


Page 31com_rep

The Countryside Council for Wales (CCW) in its consultation response has not offered anyobjections to the scheme subject to the incorporation of suitable mitigation and monitoringmeasures and careful siting of turbines to avoid any interference with bat foraging areas. It isalso noted that the ES recommends that all construction work with the potential to disturb birdsis to be carried out between September and March in order to avoid the bird breeding season.

Much of the ecological disturbance described above relates to the individual access track. Asreferred to above there is a separate application for a joint access track currently beingconsidered, both applicants have indicated that they are prepared to enter a legal agreement toprevent use of the individual access.

The Royal Society for the Protection of Birds (RSPB)has indicated that available evidencesuggests that wind farms can harm birds in three possible ways i.e. disturbance, habitat loss ordamage (both direct or indirect), and collision. However, if wind farms are located away frommajor migration routes and important feeding, breeding and roosting areas of those birdspecies known or suspected to be at risk, there is a strong possibility that they will have minimalimpact on wildlife. The RSPB has recently published a report entitled Positive Planning forOnshore Wind Expanding Onshore Wind Energy Capacity While Conserving Nature. The reportconcludes that wind power has a significant role to play in the UK's fight against climate changeand with the right strategic approach and planning safeguards, it can be expanded withoutsignificant detrimental effects on birds of conservation concern or their habitats. "Evidence fromseveral European countries, including parts of the UK, shows that it is possible to plan onshorewind farms, without significant and unnecessary damage to wildlife." No adverse observationshave been received from the RSPB.

Whilst there may be examples of protected species being present within the area to bedeveloped, including Red Kite and other birds of prey, the majority of the site has a minimalecological value and the submitted environmental information has adequately demonstratedthat subject to suitable mitigation measures, that there will be no adverse impact on anyprotected species or any environmental or ecological interests. It is considered therefore thatthe proposal does not conflict with national or local policy with regards to ecology or natureconservation.

A screening assessment was also submitted in respect of the potential impact on BlackmillWoods Special Area of Conservation (SAC), which lie to the south-west of the main wind farmsites. Concern was raised that the internationally designated SAC would be susceptible to thepollutants from passing vehicles and/or physical impacts from large loads using the main roadsin order to gain access to the site. If theses impacts were considered sufficiently adverse thenscreening for Habitat Regulations Assessment or Appropriate Assessment would be required.

The assessment indicated that the main risk to the SAC would be an increase in airbornepollution; both could potentially arise due to increased volumes of heavy traffic on the A4061during the construction period although this is considered to be very limited and there will be nosignificant impact.

In view of the above it is considered that there is unlikely to be any significant environmentalimpact on the SAC and it is unnecessary to carry out Habitat Regulations Assessment orAppropriate Assessment screening in this case.

4. NOISE


Page 32com_rep

Noise is a material consideration in the determination of wind farm applications and forms amajor part of the submitted environmental statements for both the Pant-y-Wal and Fforch Nestschemes. As well as potential noise generation from the individual wind farm the cumulativeeffect of both the Pant-y-Wal and Fforch Nest wind farm proposals must be taken intoconsideration. In view of this a cumulative noise assessment has also been submitted as partof the noise chapter of the ES.

National planning advice is contained in Planning Guidance (Wales) Planning Policy, PlanningGuidance (Wales) Technical Advice Note (Wales) 8: Renewable Energy (TAN 8) and TechnicalAdvice Note (Wales) 11: Noise (TAN 11). UDP policies EV27 and EV28 relating to noise arealso relevant.

The relevant guidance document to assess wind farm noise is ETSU-R-97. The Assessmentand Rating of Noise from Wind Farms (1996). This provides a framework for the measurementof wind farm noise limits to offer a reasonable degree of protection to wind farm neighbours,without placing unreasonable restrictions on wind farm developers or local authorities and isendorsed by TAN8.

TAN 8 advises at Paragraph 2.14 that: "Well designed wind farms should be located so thatincreases in ambient noise levels around noise-sensitive developments are kept to acceptablenoise levels with relation to existing background noise. This will normally be achieved throughgood design of the turbines and through allowing sufficient distance between the turbines andany existing noise sensitive development. Noise levels are generally low and, under mostoperating conditions, it is likely that turbine noise would be completely masked by windgenerated background noise."

TAN 8 goes on to discuss the noise sources found within wind turbines. These may besummarised as follows:

1. Mechanical Noise: generated by the gearbox, generator and other parts of the drive trainwhich can be radiated as noise through the nacelle, gear box and tower supporting structures.Careful design at the development stage of a wind turbine can eradicate this source of noisesuch that most modern wind turbines do not exhibit tonal noise within the measured/audiblenoise emissions.

2. Aerodynamic Noise: generated by the action of the rotating blades of the turbine as theypass through the air. The level of noise from the source is determined by the speed of theblades as they pass through the air. This in turn is determined by the rotor diameter and therate of rotation. Tip designs for blades have improved resulting in reductions in high frequencynoise emissions from this source.

As part of the assessment measurements of existing background noise levels at 7 noisesensitive properties and settlements in the general vicinity of the site were carried out. Theassessment also looked at the impact of operational noise from the proposed Fforch Nestscheme on the residents of nearby dwellings as a result of the changes made to the proposali.e. the removal of two turbines. The assessment indicated that there was no increase in noiseimpact.

In addition to the impact of the Fforch Nest Wind Farm operating in isolation, the assessmenthas also addressed the potential cumulative noise impact of the Fforch Nest Wind Farmoperating simultaneously with the existing Taff Ely Wind Farm, together with the consentedMynydd Portref and proposed Maerdy Wind Farms plus the proposed Pant y Wal Wind Farm.This cumulative assessment has also shown that ETSU-R-97 derived noise limits can be


Page 33com_rep

satisfied at all properties across all wind speeds for both the quiet daytime and night-timeperiods.

Based on these results, the noise impact of the operational Fforch Nest Wind Farm is thereforeclassified as being minor. This classification is based on the fact that all ETSU-R-97derivednoise acceptability criteria can be achieved.

In this case the proposed Fforch Nest Wind Farm must be considered along with thecontiguous Pant-y-Wal scheme for the purposes of calculating noise levels as for all intents andpurposes they will be operating as a single wind farm in noise terms. The Group ManagerPublic Protection has offered no adverse observations regarding the methodology and findingsof the noise assessment subject to conditions. Both wind farm developers have agreed toaccept a noise limit of 37dB(A) or 2dB(A) above background noise levels. This will result in acumulative noise limit of 40dB(A), which is within limits recommended in ETSU-R-97 and canbe controlled by way of planning conditions. The issue of noise monitoring has also beendiscussed with officers of RCT CBC and similar conditions may also be imposed on theelements of the wind farm located within that district. Furthermore Npower, who also operatethe nearby Taff Ely wind farm have indicated that they have not received any noise complaintsregarding this facility nor are there any logged noise complaints recorded on the RCT databasesince 2004 (the extent of records).

The issues of 'aerodynamic modulation of wind turbine noise' and associated 'vibro-acousticdisease' has been raised by an objector. The term aerodynamic modulation (AM) indicatesaerodynamic noise from wind turbines, but with a greater than normal degree of regularfluctuation at blade passing frequency, typically once per second. Reference is made to areport by Salford University in 2007 on behalf of the then DTI, the aims of this study was toascertain the prevalence of AM on UK wind farm sites, to try to gain a better understanding ofthe likely causes, and to establish whether further research into AM is required. This included asurvey of local authorities with wind farms in their areas and further investigation of sites forwhich AM was identified as a factor.

The executive summary of this report states "The results showed that 27 of the 133 wind farmsites operational across the UK at the time of the survey had attracted noise complaints atsome point. An estimated total of 239 formal complaints have been received about UK windfarm sites since 1991, 152 of which were from a single site. The estimated total number ofcomplainants is 81 over the same sixteen year period. This shows that in terms of the numberof people affected, wind farm noise is a small-scale problem compared with other types ofnoise; for example the number of complaints about industrial noise exceeds those about windfarms by around three orders of magnitude. In only one case was the wind farm considered bythe local authority to be causing a statutory nuisance. Again, this indicates that, despite pressarticles to the contrary, the incidence of wind farm noise and AM in the UK is low".

The report goes on to say that "AM was considered to be a factor in four of the sites, and apossible factor in another eight. Regarding the four sites, analysis of meteorological datasuggests that the conditions for AM would prevail between about 7% and 15% of the time. AMwould not therefore be present most days, although it could occur for several days running oversome periods. Complaints have subsided for three out of these four sites, in one case as aresult of remedial treatment in the form of a wind turbine control system. In the remaining case,which is a recent installation, investigations are ongoing"

The then DTI saw fit to conclude that it would not fund any further investigation into theincidence of AM due to the relatively few incidents reported and the inconclusive resultspublished in the report. However, the objector has referred to the conclusion of the report


Page 34com_rep

which states "The low incidence of AM and the low numbers of people adversely affected makeit difficult to justify further research funding in preference to other more widespread noiseissues. On the other hand, since AM cannot be fully predicted at present, and its causes are notfully understood we consider that it might be prudent to carry out further research to improveunderstanding in this area".

Notwithstanding this, the Government position remains that extant planning advice includingTAN8 and ETSU-R-97 should continue to be followed for the assessment of noise from windfarms.

Also, a small number of representations have been received, which also question the suitabilityof ETSU-R-97 in assessing noise in relation to wind farm proposals, these include articles fromtechnical journals and publications and an extract from the House of Lords Economic AffairsCommittee Inquiry into "The Economics of Renewable Energy". In this extract Dr. P A WBratby questions the use of ETSU_R-97 and central government policy on renewable energy.

Members are advised that the planning determination procedure is not a suitable forum todiscuss the merits of nationally recognised advice and that the application should bedetermined in accordance with national and local policy. Furthermore there is no evidence thatthe issue of aerodynamic modulation of wind turbine noise and associated vibro-acousticdisease is a problem within this development and as such is not a material factor in thedetermination of this application.

5. ACCESS, TRANSPORTATION AND HIGHWAYS.

The main transport implications for this development will be associated with the movements ofcommercial vehicle heavy goods vehicles (HGVs) to and from the site during the constructionphase. Access to the site would be gained via the A4093, predominantly from M4 junction 34and the A4119, the routes form part of the strategic road network, and are already subject tofrequent HGV movements. The abnormal loads carrying turbine components and someconcrete deliveries would travel form the west via M4 junction 36 and the A4061. Thedevelopment will also require deliveries of plant, equipment and road stone (if not sourced onsite) for the access tracks, ready mixed concrete for turbine bases, and mobile cranes to erectthe turbines. The access onto the A4093 will be situated approximately 110 metres to the westof Whitwell House in Glynogwr and the access track will pass within 125m of The Old Vicarage. There is the possibility that these dwellings will experience some disruption during theconstruction phase although this is not sufficient enough to warrant the refusal of planningpermission. Once operational there would be minimal amount of traffic associated with themaintenance and repairs. This issue is covered in some detail in the ES which identified thefollowing potential effects:

The assessment shows that for the worst case scenario i.e. where all road stone is transportedinto the site the HGV movements, associated with track stone will be spread over the first sevenmonths of the construction programme. The number of movements would be greatest in month2, when approximately 30 movements (15 in and 15 out) per day would occur. More than 50%of the total HGV movements are associated with track stone and these will be completelyavoided if a subsequent application for consent to establish a borrow pit is approved.

Also, the period involving concrete pours for the turbine bases also generate a significantincrease in HGV traffic on the A4093 near Gilfach Goch and west of the proposed site accesstowards Blackmill, for both scenarios. However, this will only occur on a total of 11 days(reduced from 13 days originally) and a traffic management plan will minimize the potentialeffects of this short term impact. On these days, up to 128 concrete deliveries (64 in 64 out)


Page 35com_rep

could be required.

Mitigation measures would include the installation of wheel wash facilities to avoid vehiclescarrying mud onto the public highway, deliveries of abnormal loads to be timed for quietperiods, with police escort if appropriate, specific travel routes and timed periods to and fromthe site to be defined for delivery vehicles and the implementation of a Traffic ManagementPlan to regulate overall vehicle movements.

The Head of Street Scene has offered no highway objection subject to conditions. In a separateresponse the Rights of Way Officer has submitted observations regarding the implementationof the internal access tracks with regard to the rights of way network.

As referred to above, there are a number of environmental and visual concerns regarding theuse of two individual access routes to serve the Pant-y-Wal and Fforch Nest Schemes. Aseparate application (P/08/962/FUL) for a joint access track has been submitted and is underconsideration at this Committee. This proposal intends to remove the need for two separatetracks to serve both wind farms and the need for a lengthy internal access link through theOgmore Forest to facilitate the Pant-y-Wal scheme. If both wind farm applications and the jointaccess are approved then each developer would enter into a legal agreement that wouldpreclude them using their individual access tracks. This is the preferred option in the interestsof visual amenity, ecology and highway safety and this is reflected in the recommendation ofthe relevant reports. As it stands therefore the individual access for this proposal is notconsidered to be acceptable and in view of the joint access track proposal it is not considerednecessary to discuss this element of the application in any greater depth as the more detailedappraisal has been included in the report for the joint access track.

However, if members were minded to approve the application and the access as submitted thenthere will be the need for further conditions relating to the design, use and operation of theaccess and associated track.

6. TOURISM

The impact of a development on the economy of the area including tourism may be regarded asa material planning consideration. In this case the ES has not identified any adverse impactsand has concluded that the area is not a major tourist destination.

The British Wind Energy Association (BWEA) has produced a report entitled 'The impact ofwind farms on the tourist industry in the UK' for the All-Party Parliamentary Group on Tourism inMay 2006. The report highlights a number of surveys undertaken with regard to the impact ofwind farms on tourism some of which are summarized as follows.

'Investigation into the potential Impact of Wind Farms on Tourism in Wales', forWales Tourist Board, 2003.

WTB commissioned NFO to carry out a study to establish the impact (both positiveand negative) that the existing/proposed/anticipated development of wind farms in Wales(onshore and offshore) is likely to have on tourism in Wales.

General reactions: 78% of all respondents had a neutral or positive view onwind farm development 21% had a negative view 68% would be interested in attending a visitorcentre at a wind farm development 68% said it would make no difference to their likelihood totake holidays in the Welsh countryside if the number of wind farms increased. Mostrespondents were in principle supportive of renewable energy and the development of wind


Page 36com_rep

farms in Wales. However, the general view was that wind farms should be very carefully sitedand not in areas which were deemed to be particularly sensitive to their development. Therewere variations in the explanation of what constitutes a 'no-go' area with some organisationsmore explicit than others in their definition. Nevertheless, there was general consensus thatthey should be located outside of designated areas (e.g. National parks and Areas ofOutstanding Natural Beauty, Sites of Special Scientific Interest) and in areas in which the visualand environmental impacts would be minimised.

'The Impacts of wind Farms on Tourism in Wales', a thesis undertaken for theWales Tourist Board (WTB) in 2001

Key conclusions:96% of the respondents would not be put off visiting Wales if more wind farmswere to be developed, almost 70% would visit a wind farm if an information centre was built.There is not a large difference in opinion on wind farms between people that have seen a windfarm during their stay and people who have not. Most people believe that their contribution torenewable energy outweighs their impact on the landscape.

Robertson Bell Associates, Taff Ely Residents Survey, December 1997.

It is generally felt by the majority of residents (68%) that the number of people visiting the areahas not been affected, but of those who thought there had been some effect, many more saythat visitor numbers have increased (15%) than have decreased (1%).

Notwithstanding the above there appears to be a lack of recent empirical evidence that wouldsuggest that a wind farm would have either a negative or positive impact on tourism in an area.

In some appeal cases the Planning Inspector has not considered this aspect as a planningmatter. In the Public Inquiry into the Whinash wind Farm in 2005 the Inspector stated:

"Concerns have been expressed about the possible impact of the turbines on tourism; but,despite the construction of wind farms in various parts of the country, there is no cogentevidence to show a resulting reduction in visitor numbers. Indeed, Cornwall and Cumbria havethe largest concentration of wind farms of any of the counties in England, yet, in both cases, thenumbers of visitors attracted have increased since the turbines were erected ...... It should alsobe noted that some respondents to the survey undertaken for the Cumbria Tourist Boardconsidered that the wind farm would be an additional attraction."

UDP Part I Policy 10, and Part 2 Policies TM1 and RC10 (12 & 13) promote appropriate ruraltourism opportunities and encourage the use of the Cwm Dimbath and Cwm y Fuwch areas forinformal recreation purposes respectively. In this respect the upland and forestry areas of theCounty Borough have many opportunities for tourism and informal recreation that are notcurrently being fully realised, whereas it is recognised that for a great many people the ability towalk, sit, look at a view, to picnic, or simply visit places as their main enjoyment of thecountryside, which can contribute greatly to personal health and well being. The upland areasof the County Borough are also being increasingly used for popular outdoor sports activitiessuch as hang gliding etc. and are a tourism attraction in their own right.

The Group Manager Countryside and Tourism has not offered any adverse observations on theproposals, but comments that "The case for renewable energy in UK is, without doubt, worthyof support. However, this support has to be tempered by balancing the visual impact andresultant impacts on the economy and tourism in a local area." Reference is made to researchcarried out by Visit Scotland on the effect of wind development on tourism. The report


Page 37com_rep

concludes that over three quarters of respondents were either supportive or neutral towardswind farm development. Further to this the Welsh Tourist Board has issued a policy statement(2004) regarding onshore wind as follows:

'The Wales Tourist Board considers the introduction of commercial wind turbines and windturbine power stations in primary designated areas to be inappropriate unless it can bedemonstrated that because of their setting, design and scale, the proposals will have noadverse impact on the landscape.

The Wales Tourist Board will not support proposals for development on sites that are highlyvisible from designated areas if they are inappropriate in terms of scale, design and setting.Elsewhere, proposals should demonstrate that there will be no detrimental effect on tourism.'

Designated areas are defined as National Parks and Areas of Outstanding Natural Beauty. Itshould be noted that the policy statement was issued prior to the introduction of TAN 8 and thedesignation of Strategic Search Areas. In this case (as referred to above) it is not consideredthat there will be any adverse impact in terms of landscape or visual amenity and the site is notreadily visible from any designated areas.

It should also be noted that the adopted UDP Policies 10, TM1, and RC10 (12 & 13) and TM1are generally 'promotional' in their character; the adopted UDP does not contain a policy, assuch, to protect existing rural tourism in the County Borough, whereas Policy RC3 offersprotection to existing or proposed formal or informal recreational facilities against developmentwhich would adversely affect them. Therefore, it is considered that the proposals are in accordin principle with the adopted UDP Policies quoted above.

7. SHADOW FLICKER

Shadow flicker is a phenomenon that describes the effects of rotating wind turbine bladescasting moving shadows that can cause a flickering effect affecting residents living nearby.Shadow flicker occurs when a particular combination of conditions coincide in specific locationsat particular times of the day and year. It happens when the sun is low in the sky and shines ona building from behind a turbine rotor. This can cause the shadow of the turbine blades to becast onto the building, which appears to flick on and off as the turbine rotates. When thisflicking shadow is viewed through a narrow opening it is known as shadow flicker.

Shadow flicker only occurs in relative proximity to sites, if a person is stationary in a building, forexample, shadow flicker can result in a momentary reduction of the intensity of natural light. Ifthe regular changes in light intensity levels are high, then the shadow flicker may cause anuisance. The distance between a wind turbine and a potential shadow flicker receptor affectsthe intensity of the shadows cast by the blades, and therefore the intensity of flickering.Shadows cast close to a turbine will be more intense, distinct and 'focused'. This is because agreater proportion of the sun's disc is intermittently blocked. Similarly, flickering is more intenseif created by the area of a blade closer to the root and further from the tip. At a distance of 10rotor diameters (equivalent to 400 to 800 metres) a person should not perceive a wind turbineto be chopping through sunlight, but rather as an object with the sun behind it. This limits thezone of potential shadow flicker and normally there are no habitable buildings in these zones.

Developers can calculate the extent of this effect using the geometry of the machine and thelatitude of the potential site.

A shadow's intensity falls with increasing separation distance non-linearly, and more rapidly at


Page 38com_rep

first, while the human response to light levels is also non-linear. For example, during a solareclipse or at sunset, a large proportion of the sun must be blocked before a perceptible changein light level occurs. This further reduces the perception of shadow flicker.

The ES has concluded that there would be no adverse effect in terms of shadow flicker due tothe distance of the properties from the turbines. However, if it is experienced then it would bepossible to turn off the offending turbine at appropriate times of the day.

It is not considered therefore that this issue would result in an adverse impact on nearbyresidential properties

8. ELECTROMAGNETIC INTERFERENCE.

Wind turbines can cause electro-magnetic interference (EMI) in two ways:Interference that 'scatters' signals and can lead to a phenomenon called 'ghosting' on televisionscreens and interference, caused to communications equipment, such as mobile phones.

Where interference to television reception is predicted developers are frequently required toenter into legally binding agreements to rectify any problems. In the majority of casesdevelopers have been able to remove the interference. Interference on communication systemsare considered to be negligible as these are more easily avoided by the wind farm designfollowing consultation with the relevant bodies.

In this case the ES has not identified any adverse impacts and has indicated that extensiveconsultation had been carried out with organisations that may be affected by electromagneticinterference with no objections received. The applicant has confirmed that any problemsencountered will be addressed and rectified although any impact on analogue TV signals will beshort lived as the UK moves over to a digital service. Whilst wind turbines can also affect digitalsignals, the absence of any objections from the providers would suggest that this will not be anissue in this area.

9. GEOLOGY, GROUND AND SURFACE WATER

The issue of ground instability has been raised in the objections. Planning Policy Wales, para13.5.1 indicates that the responsibility for determining the extent and effects of any groundinstability or risk rests with the developer. It is therefore for the developer to ensure that theland is suitable for the development proposed. Policy UNS1 of the UDP is also relevant.

In this case the ES indicates that the site lies within the catchment area of the Ogwr Fawr. Thesite is also underlain by Carboniferous Upper Coal Measures, comprising interbeddedsandstone and coal measures. The ES also identifies a number of geological faults within thesite including the Ton Fault and the Jubilee Slide. The faults run very close to turbine 5.

The Dyfolog recorded land slip site lies approximately 300m to the west of Evanstown but doesnot lie within the site itself.

The potential effects of the development are indentified as:

* Geological constraints i.e. the potential for instability associated with previous mining, and thepresence of steep slopes and potential for landslip.

* Surface water effects arising from increased run-off during construction of access track and


Page 39com_rep

excavation of turbine foundations.

* Impacts on sensitive water features including peat bogs.

* Impacts on groundwater and private water supplies

* Impacts on fisheries and watercourses.

In overcoming these concerns the applicant has designed the layout of the turbines in order tominimise potential geological and surface/ ground water effects including a 20m buffer zonearound all watercourses. Suitable ground investigation would take place before thecommencement of development in order to ascertain the exact condition of the ground.

No adverse observations have been received from the Environment Agency. It is consideredtherefore that the implementation of specific mitigation measures during the construction phasewill ensure that any impacts will be minor and quickly controlled, with no significant negativeimpact.

10. ARCHAEOLOGY

As part of the EIA a desk based assessment(DBA)and field investigation has been carried outwith respect to the archaeological resource within and around the site. An assessment of theeffects on the development on any Historic Landscape Areas (HLAs) was carried out. Thepreservation of an ancient monument is a material consideration in the determination of aplanning application as indicated in Chapter 6 of the Planning Policy Wales. Policies EV43 andEV44 of the UDP are also relevant.

The study indicated that there are no designated sites of archaeological importance within thestudy area. However, two Bronze Age cairns lie within the study area, with a further 12 cairns inthe wider locality. The DBA also identified a further 10 features of cultural heritage interestwithin the study area, including 7 'boundary stones'. Six of those 10 features could not belocated during the field survey, and may no longer exist. Although the application site liesoutside the boundaries of defined HLAs, there are 8 defined HLAs in the general locality. Oneof which 'Rhonnda Fawr' lies close to the northern boundary of the application site.

The report concluded that the turbines will have a visual effect on the setting of the two cairns,and on other features (if still present). However, the development would not reduce the value ofthe historic landscape as there would be no direct impact on the HLAs and any indirect impactwould be slight. None of the 12 cultural heritage features identified within the study would bedirectly affected by the development. The potential for unknown below ground archaeology wasconsidered to be low.

The Glamorgan Gwent Archaeological Trust Ltd (GGAT) concurs with the conclusions of theES and has not offered any objections to the proposal. However, two conditions are suggestedwhich would ensure that any unknown archaeological features located during the developmentare fully recorded and would implement protection measures for existing features.

As referred to above an ASIDOHL has been carried out and CADW has not raised anyobjections to the development in the context of the historic environment. It is not consideredthat the development raises any other issues in this respect and subject to conditions will notgive rise to any adverse impact on any features of archaeological or historic importance.


Page 40com_rep

11. RADAR AND AIR TRAFFIC CONTROL

Wind turbines may potentially have an impact on aviation activities, typically on radar systemsor on low flying. The Ministry of Defence (MoD), Civil Aviation Authority (CAA) and National AirTraffic Services (NATS) have a statutory duty to safeguard certain sites and airspace fromradar interference in the interests of national security and for the safe operation of passengerand military aviation - this duty was restated in the 2003 Energy White Paper. The MoDsubmits holding objections to all wind energy proposals within line of sight of air defence radars,unless the developer can provide evidence that it will have no impact on the radars. Anyproposals within tactical training areas are also likely to raise objections. If a site falls within 30km of a safeguarded aerodrome, the CAA generally devolves responsibility for safeguardingairspace to the aerodrome in question. In this case Cardiff Wales Airport is more than 30kmfrom the edge of the site.

The developers have consulted voluntarily with these bodies before the formal planningapplication was submitted in order to identify any issues. The MOD and NATS have also beenconsulted as part of the application and no objections have been raised.

CONCLUSION

National policy advocates the provision of wind farms to achieve targets for renewable energyprovision, which is an important component of the UK's energy policy. TAN 8 seeks to achievethis by giving guidance on the locations and targets for specific areas. Development PlanPolicies also encourage renewable energy production providing any impacts are consideredacceptable.

There can be no doubt, that this development will have a visual impact on the landscape, bothfrom local settlements and surrounding areas. However, the fact that the wind turbines will bevisible is not, in itself, a reason for refusal and TAN 8 states that land within and adjacent to theSSAs will experience a significant change in landscape character. This proposal (and theneighbouring Pant-y-Wal wind farm scheme submitted under P/06/417/FUL) lies entirely withinthe boundaries of Strategic Search Area (SSA) F and all 4 turbines are located within therefined SSA as outlined in the ARUP report referred to earlier. The assessment carried out byTACP for the Council has not identified any major concerns in terms of visual or landscapeeffects. The report has also indicated that there is sufficient capacity in this area although anyfuture proposals within the vicinity of the site will require careful consideration.

Furthermore, there are no highway objections to the proposed individual access track, theupper route of which is similar to that proposed under application P/08/962/FUL for the jointaccess track.

It is considered that this application together with the Pant-y-Wal scheme and joint access trackproposal are acceptable subject to the conditions and clauses set out below. If Members wereminded to approve this proposal in isolation to the other applications then additional conditionsand changes to the heads of terms of the legal agreements will be required.

The proposal is considered to be in accord with national and local policy and will make asignificant contribution to national wind power targets. Any adverse impacts that have beenidentified will mainly be short term and can be addressed by suitable mitigation measures.

In reaching the recommendation below, the Authority has taken regard to the environmentalinformation submitted within the Environmental Statement, the comments of statutory


Page 41com_rep

consultees on the information supplied, and the comments/observations provided by membersof the public. In addition, all relevant European directives, legislation and regulations have beentaken into consideration.

1

2

3

The permission hereby granted shall endure for a period of 25 years from the datewhen electricity is first exported from a wind turbine within the site to the electricity gridnetwork ('First Export Date'). Written confirmation of the First Export Date shall beprovided to the Local Planning Authority within 1 month of the First Export Date.

Reason: In recognition of the expected lifespan of the wind farm and in the interests ofsafety and amenity once the plant is redundant (Policy U2 & U3 of the UDP).

Not later than 12 months before the expiry date of this permission, a decommissioningand site restoration scheme shall be submitted for the written approval of the LocalPlanning Authority. Such scheme will include the management and timing of works anda traffic management plan to address highways issues during the decommissioningperiod. Full restoration of the wind farm site shall be completed within 24 months ofthe expiry date of this permission and the site shall be decommissioned in accordancewith the scheme.

Reason: In the interests of visual amenity and landscape protection and in the interestsof safety and amenity (Policy U2 & U3of the UDP).

If any wind turbine fails to produce electricity to the grid for a continuous period of 12months and, if so instructed by the Local Planning Authority, the wind turbine and itsassociated ancillary equipment shall be removed from the site within a period of 6months from the end of that 12 month period unless otherwise agreed in writing by theLocal Planning Authority.

RECOMMENDATION(A) The applicant enter into a Section 106 Agreement to

(1) To access the Fforch Nest Wind farm solely by the Joint Access (Ref P/08/962/FUL)

(2) Not to implement the construction or use of the access and access track approved underplanning application P/06/1080/FUL

(3) Provide a Financial Security to ensure that decommissioning Works are carried followingCessation of Operation of the development.

(4) Minimise and reduce interference that the operation of the wind farm may cause todomestic television reception

(B) The Corporate Director Communities be given plenary powers to issue a decision noticegranting consent in respect of this proposal once the applicant has entered into theaforementioned Section 106 Agreement, and subject to the following conditions:-


Page 42com_rep

4

5

6

7

8

9

Reason: In the interests of visual amenity and to ensure that the turbines produceelectricity whilst in situ and that they are removed from the land if they cease to function(Policy EV45 of the UDP).

No wind turbine shall be erected and no external transformer unit (if any) installed untildetails of the make, model and external appearance (including colour and surfacefinish) of the wind turbines and unit transformer housing (if any) have been submitted toand approved in writing by the Local Planning Authority. The development shall becarried out in accordance with the approved details.

Reason: In the interests of visual amenity and landscape protection (Policy EV45 of theUDP)

All wind turbines blades shall rotate in a clockwise direction.


The overall height of the wind turbines shall not exceed 115m to the tips of the turbineblades.


Notwithstanding any design or colour approved by the Local Planning Authoritypursuant to condition 4, all wind turbines shall be of a 3 bladed configuration and shallbe of a semi-matt finish and shall not display any prominent name, sign, symbol or logoon any external surfaces unless otherwise agreed in writing by the Local PlanningAuthority.


The turbines shall not be illuminated and there shall be no permanent illumination onthe site unless otherwise agreed in writing by the Local Planning Authority.


Subject to the allowance for micro-siting provided in this condition, the turbines shall beerected at the following coordinates:

Turbine 1 295847, 190178Turbine 4 296117, 191307Turbine 5 296246, 190829Turbine 6 296422, 191125


Page 43com_rep

10

11

12

13

14

Variations to the indicated position of any turbine(s) shall be permitted by up to 30metres in any direction (50m for turbine 5). A plan showing the position of the turbinesas built shall be submitted within one month of the First Export Date.

Reason: To comply with the environmental assessments undertaken of the proposeddevelopment and to take account of local environmental conditions.

All cabling within the site shall be installed underground except where it exits thesubstation.

Reason: In order to safeguard the amenity of the landscape (Policy EV45 of the UDP)

Construction of the sub station shall not commence until details of the dimensions,appearance and external finishes of the building and the fencing and surface finish ofthe compound have been submitted to and approved in writing by the Local PlanningAuthority. The development should be constructed in accordance with the approveddetails.

Reason: In the interests of visual amenity (Policy EV45 of the UDP)

No development shall take place until a Construction Traffic Management Plan hasbeen submitted to and agreed in writing by the Local Planning Authority. TheConstruction Traffic Management Plan shall include proposals for construction vehiclerouting, site accesses, the management of junctions to and crossings of the publichighway and other public rights of way, the scheduling and timing of movements,details of escorts for abnormal loads, temporary warning signs and banksman/escortdetails. The approved Construction Traffic Management Plan shall be implemented asagreed in writing by the Local Planning Authority.

Reason: In order to protect highway safety and the amenity of other users of the publichighway and rights of way.

Notwithstanding the provisions of conditions 12 & 28, delivery of turbine and cranecomponents may take place outside the hours specified subject to not less than twoworking days notice of such traffic movements being given to the Local PlanningAuthority and such deliveries first being approved in writing by the Local PlanningAuthority.

Reason: In the interests of highway safety and the free flow of traffic

No development shall take place until a Construction Method Statement ('the CMS')hasbeen submitted to and approved in writing by the Local Planning Authority. Thereafter,the construction of the development shall only be carried out in accordance with theapproved Construction Method Statement, unless otherwise agreed in writing by thelocal planning authority. The Construction Method statement shall address thefollowing matters;

* Dust management* Temporary site illumination


Page 44com_rep

15

16

* Details of the phasing of construction works and the construction and surfacetreatment of all hard surfaces and tracks * Fuel and chemical storage: measures to ensure any fuel or chemicals from plant donot cause pollution* Environmental management: identification of mechanisms to ensure awareness ofrelevant environmental issues during pre-construction, construction and pre-decommissioning including details of emergency procedures/pollution response plans* Track construction: including the laying of underground cables alongside tracks,materials proposed and track reinstatement* Pollution control: protection of water courses and ground water and soils, bunding offuel storage areas, sewage disposal and discharge of foul drainage including proposalsfor off-site water quality monitoring* Exclusion fences: including marking off a buffer zone of at least 20m between theedge of watercourses and any proposed works* Location and details of wheel washing facilities* Cleaning of site entrances and the adjacent public highway and the sheeting of allHGVs taking spoil or construction materials to/from the site to prevent spillage ordeposit of any materials on the highway* Details of the proposed temporary site compounds for storage of materials,machinery and operatives parking within the sites clear of the highway, and therestoration of the sites of the compounds within 12 months of the first commercialgeneration of the wind farm, to include the siting of the temporary buildings and allmeans of enclosure, oil/ fuel and chemical storage and any proposals for temporarylighting* Details of post-construction restoration/reinstatement of temporary working areas,including seed mixture* Construction noise management plan. The plan shall include identified accessroutes, locations of material lay-down areas, details of equipment to be employed,operations to be carried out, mitigation measures and scheme of noise monitoring* Vibration control* Details of turning facilities for all vehicles

Reason: In the interests of environmental protection and the minimisation of likelysignificant environmental effects

Any facilities for the storage of oils, fuels or chemicals shall be sited on imperviousbases and surrounded by impervious bund walls. The volume of the bundedcompound should be at least 110% of the capacity of the tank. If there are multipletanks, the bunded compound should be at least equivalent to the capacity of the largesttank plus 10%. All filling points, vents, gauges and sight glasses shall be located withinthe bund. The bund shall be sealed with no discharge to any watercourse, land orunderground strata. Associated pipework should be located above ground andprotected from accidental damage. All filling points and tank overflow pipe outletsshould be detailed to discharge downwards into the bund.

Reason: To prevent pollution of the water environment (Policy EV17 of the UDP).

Should contaminated material be observed (visual or olfactory), which has not beenpreviously identified, then no further development (unless otherwise agreed in writingwith the local planning authority) shall be carried out until the developer has undertakena site investigation to determine the nature and extent of the contamination. In the


Page 45com_rep

17

18

19

20

21

event that contamination is confirmed the developer must liaise with the local planningauthority on measures required to protect surface water and groundwater interests.This may include undertaking a risk assessment and derivation of appropriate remedialtargets.

Reason: To protect the quality of controlled waters in the area (Policy EV17 of theUDP).

Nothing other than uncontaminated materials suitable for use shall be tipped on thesite.

Reason: To prevent pollution on the water environment (Policy EV17 of the UDP).

No development shall take place until a surface water management plan coveringwater treatment and the means of drainage from all hard surfaces and structures withinthe site and accesses to the local highway network has been submitted for the writtenapproval of the Local Planning Authority and thereafter implemented. For the purposesof this condition, 'hard surfaces' includes access tracks within the site, the substationcompound, temporary construction and laydown areas, turbine pads and crane pads.The details to be submitted shall indicate the means of protecting groundwater anddiverting surface water run off.

Reason: In the interests of protecting groundwater resources and preventing pollution(Policy EV17 of the UDP).

No development approved by this planning permission shall be commenced until amethod statement has been submitted to the local planning authority detailing thepollution prevention measures that would be put in place to minimise impacts on thewater environment.

ReasonTo ensure that the development complies with approved details in the interests ofprotection of Controlled Waters (Policy EV17 of the UDP).

No development shall take place until a scheme for the protection of Rights of Way hasbeen submitted to and approved in writing by the Local Planning Authority. Such ascheme shall include * measures to prevent flooding on footpaths from the wind farm access track;* measures to make good any damage should flooding ever occur;* details of any fencing proposed along the access track;* the provision of stiles at appropriate locations along any fenced sections of the track. Development shall be carried out in accordance with the approved scheme unlessotherwise agreed in writing by the Local Planning Authority.

Reason: to protect the amenity of walkers and other users of the rights of way

No barbed wire shall be used along the access track.



Page 46com_rep

22

23

24

25

26

27

No development shall take place until, a scheme for the Waymarking of alternativeroutes within the wind farm has been submitted to and approved in writing by the LocalPlanning Authority. The scheme shall be implemented as approved.


No development shall take place until the applicant, or their agents or successors intitle, has secured the implementation of a programme of archaeological work inaccordance with a written scheme of investigation which has been submitted by theapplicant and approved in writing by the local planning authority.

Reason: To identify and record any features of archaeological interest discoveredduring the works, in order to mitigate the impact of the works on the archaeologicalresource (Policy EV44 of the UDP).

No development shall take place until all archaeological sites identified as being in thedevelopment area in the environmental statement have been fenced to a standardagreed with the local planning authority. Throughout the development no works will beundertaken within the area surrounded by the fencing without the written consent of thelocal planning authority.

Reason: In order to ensure that accidental damage is not caused to the archaeologicalsites (Policy EV44 of the UDP).

No development shall take place until the monuments in the application site have beenfenced to a standard agreed with the Local Planning Authority. Throughout thedevelopment no works will be undertaken within the area surrounded by the fencingwithout the written consent of the Local Planning Authority.

Reason: in order to ensure that accidental damage is not caused to the monuments(Policy EV44 of the UDP).

No development shall take place until a scheme for the replanting of any hedgerows orboundary planting removed for the proposed access during construction has beensubmitted to and approved in writing by the Local Planning Authority. The schemeshall be implemented as approved. Development shall be carried out in accordancewith the details.

Reason: For the protection of nature conservation interests and in the interests ofvisual amenity (Policies EV20 of the UDP).

No development shall take place until a landscape and ecological management,mitigation and monitoring plan has been submitted to and approved in writing by thelocal planning authority. The plan shall be implemented in accordance with the detailsand programs approved.

Reason To protect and encourage habitats in the interests of biodiversity and visual amenity(Policies EV20 of the UDP).


Page 47com_rep

28

29

30

31

32

Construction work shall only take place between the hours of 07:00 - 19:00 on Mondayto Friday inclusive, 07:00 - 13:00 hours on Saturdays with no such working on aSunday or local or national public holiday. Outside these hours, development at thesite shall be limited to emergency works and dust suppression, unless otherwiseapproved in writing by the Local Planning Authority. The receipt of any materials orequipment for the construction of the site, other than turbine blades, nacelles, andtowers, is not permitted outside the said hours, unless otherwise approved in writing bythe Local Planning Authority having been given a minimum of two working days noticeof the occurrence of the proposed event.

Reason: In the interests of the amenities of the area.

(Policy EV45 of the UDP)

The rating level of noise immissions from the combined effects of the wind turbines(including the application of any tonal penalty), when calculated in accordance with theattached Guidance Notes, shall not exceed the values set out in the attached Tables.Each of these values shall apply to all of the properties falling within the respectiveareas shown on the attached plan unless otherwise agreed with the local planningauthority. Noise limits for any property which lawfully exists at the date of this consentbut which is not covered by any of the areas shown on the plan attached shall be thoseof the nearest area shown on the plan unless otherwise agreed with the Local PlanningAuthority.

Reason: In the interests of the amenities of the area (Policy EV27 of the UDP).

At the request of the Local Planning Authority, following a complaint to it about noiseimmissions from the wind farm, the operator of the wind farm shall, if required shutdown the turbines and at its expense, employ a consultant approved by the LocalPlanning Authority, to measure, assess and report to the Local Planning Authority thelevel of noise immissions from the wind farm at the property to which the complaintrelates(the 'complainant's property') following the procedures described in the attachedGuidance Notes.

Reason: In the interests of the amenities of the area (Policy EV27 of the UDP.

Wind speed, wind direction and power generation data for each wind turbine shall becontinuously logged and provided to the Local Planning Authority at its request and inaccordance with the attached Guidance Notes within 28 days of such request.


Notwithstanding the provisions of conditions 29-31, the wind farm operator shallundertake measurements of noise levels using an appropriately qualified noiseconsultant during the first year of the operation of the wind turbines in a scheme to beagreed by the Local Planning Authority to demonstrate that compliance with the noiselevels in condition 29 are being met. The data produced in accordance with the schemeshall be forwarded to the Local Planning Authority within 28 days of the measurementsbeing undertaken.


Page 48com_rep

33


Prior to the commencement of construction of any turbine, a scheme shall be submittedto and approved in writing by the Local Planning Authority to alleviate any shadowflicker at any residential property. The scheme shall be implemented as approved.


* THE FOLLOWING ARE ADVISORY NOTES NOT CONDITIONS

The proposal is recommended for approval as it is considered to be in accord with national andlocal policy and will make a significant contribution to national wind power targets. Any adverseimpacts that have been identified will mainly be short term and can be addressed by suitablemitigation measures.

In reaching this recommendation the Local Planning Authority has taken regard to theenvironmental information submitted within the Environmental Statement, the comments ofstatutory consultees on the information supplied, and the comments/observations provided bymembers of the public. In addition, all relevant European directives, legislation and regulationshave been taken into consideration.

The notes, table and plan to be read in conjunction with conditions 29-31 further explain theseconditions and specify the methods to be deployed in the assessment of complaints aboutnoise immissions from the wind farm and are attached as separate appendix to this decisionnotice.

The developers attention is drawn to the comments from CCW dated the 30th June 2009 (Acopy of which is available via the planning applications search page on the Council's website)with regard to the siting of the turbines in relation to bat foraging areas and generalconsiderations regarding the operation of the site and the presence of bats. No turbines shouldbe sited within 50m of the Ogwr Fach stream or edge of the conifer plantation. The developeris also advised to incorporate these recommendations in the landscape and ecologicalmitigation and monitoring plan required under condition 27 and to discuss the contents andscope with the local planning authority and CCW prior to submission.


Page 49com_rep

P/08/962/FUL

NPOWER & PENNANT WALTERS LTDPER WHITE YOUNG GREEN C/O MR PAUL VINING 21 PARK PLACECARDIFF CF10 3DQ

LAND NORTH A4093 BWTN GLYNOGWR & MYNYDD MAESTEGBRIDGEND

CONSTRUCTION OF ACCESS TRACK TO SERVE PROPOSEDPANTYWAL & FFORCH NEST WIND FARMS

21st October 2008

ITEM: 2

REFERENCE:

APPLICANT:

LOCATION:

PROPOSAL:


RECEIVED:

Notified on 24th October 2008


Concerns raised regarding the capacity of local roads to cope with extra traffic as a result of thedevelopment.

The application seeks full planning permission for the construction of a joint access track toserve the two wind farm developments Pant y Wal (P/06/417/FUL) and Fforch Nest(P/06/1080/FUL) on Mynydd Maesteg, which are also under consideration at this committee.Both applicants have indicated their intentions to abandon their individual access tracks anduse the joint track provided both wind farms and this application are approved.

The application site adjoins and is located immediately north of the A4093 road from Blackmillto Tonyrefail, close to the settlement of Glynogwr and approximately 10 km to the north-east ofBridgend. The site comprises a strip of land, which extends northwards from the A4093 for adistance of approximately 4.6 km. The site extends in total to approximately 18.511 hectares ofland rising from approximately 194m AOD at its junction with the A4093 to approximately 430mAOD at its northern end where it joins the wind farm sites.

The construction of the joint access track will take up to six months. Following construction, thetrack will be used for the delivery of construction materials for both of the proposed wind farms.Including the large turbine components which will be transported on specialized low-loaderlorries. After construction of the wind farms, and during their operational phase, for a period ofup to 25 years, monthly routine inspection and maintenance visits will require access via a LandRover-type vehicle, with the occasional need for access by larger vehicles. At the end of thisperiod when the wind farms are being decommissioned, the components and materials that areto be removed from the site will be transported along the joint access track. The joint accesstrack now proposed will remove the necessity to use the long track through the Ogmore Forest,which is an integral part of the proposals for the Pant-y-Wal Wind Farm. In addition, the use ofa joint access track will reduce the overall length of tracks otherwise required to serve both windfarms and, consequentially, will reduce the volume of materials to be used in access track



Page 50com_rep

construction. It will also facilitate the use of a shared, temporary contractors' compound.

The proposed works comprise:

* The construction of a new junction on the A4093* The construction of an access track from the A4093 to the wind farms* Landscaping of the embankments, cuttings and verges to the track* Treatment of crossing points* The provision of a temporary contractors' compound.

The new highway access and 'T' junction will be formed approximately 100m east of a dwelling,Ty Capel at the eastern end of Glynogwr. This access point will be formed by creating anopening in the existing field boundary and constructing a bellmouth junction. The junction will belaid out with a 25m kerb radius on the western side and a 10m kerb radius on the eastern side,the former catering for the large vehicles that will be used to deliver turbine components. Themaximum junction width along the A4093 will be 55m, narrowing to 8m at a point approximately40m into the site and reducing thereafter to 5m with passing bays. Vision splays of 4.5 x 90mwill be provided to either side of the junction. The bellmouth will be of heavy duty industrial typeconstruction, in accordance with the highway authority's adoptable standards. On completion ofthe bellmouth construction, two field gates will be erected to ensure site security and to allow foroperational access to the proposed wind farms.

The junction will be fenced on either side as far as the gateway, to prevent it being used as alayby. Within the site the access track will be 5m wide, with occasional passing bays toaccommodate construction and delivery vehicles. However, the track varies in width, accordingto the nature of the engineering works that are proposed and the width of track needed. Nearits southern end, the site widens to the east to accommodate the proposed contractors'compound. In addition to this, at its junction with the A4093, the site includes land on either sideto accommodate suitable visibility splays. No severe bends are indicated along the length of theaccess track and the alignment and vertical and horizontal dimensions have been designed toaccommodate the type of vehicles that will be used to transport the large turbine components tothe site. The track profile has been designed to balance cut and fill, and the submitted detailsindicate that there will be no necessity to remove any excavated materials from the site. Thetrack will be constructed from locally sourced road stone material. At the southern end of theaccess track, provision will be made for a shared temporary contractors' site compound, whichwill accommodate contractors' plant and vehicles and will act as a security point during theconstruction of the wind farms.

Following the engineering works, in the lowland grazing area all embankments, cuttings andverges will be seeded using an appropriate agricultural grass mix. In the upland grazing area,these areas will be allowed to regenerate naturally. It is proposed to repair any stone walls inpoor condition, within or close to the track, and plant up hedgerows in order to improve theircondition.

At seven locations throughout its length, the access track will cross existing public rights of way.In these locations, stiles will be formed and bridleway gates erected. Disruption to users ofthese rights of way will be minimised by site signage, advance notification and by ensuring saferoutes are provided.

The applicants have indicated in the Environmental Statement that they have consideredalternative ways of accessing the proposed wind farms and have concluded that, given thelarge size of the turbine components to be delivered to the site, the access should be from theA4093, rather than from the A4061 i.e. the Blackmill to Nanty-Moel road or from the A4119 i.e.


Page 51com_rep

the Tonyrefail to Tonypandy road. Detailed consideration was given to the point of access fromthe A4093 and in their original submissions, each developer proposed different access routes,either side of Glynogwr. Following discussion with Council officers it was indicated that onhighway engineering grounds, the access to the east of Glynogwr was preferred.

The land within and adjoining the site is in agricultural use and is used principally for the grazingof stock. The site is not located in an area of restraint such as a National Park, Area ofOutstanding Natural Beauty, Heritage Coast or designated conservation area. It does notinclude any statutorily protected features, such as scheduled ancient monuments and listedbuildings, or any sites of national importance for nature conservation, such as Sites of SpecialScientific Interest. At a local level, the site is located within a Special Landscape Area. Formuch of its length, the site runs alongside a bridleway (Bridleway No. 4), which leadsnorthwards from Glynogwr to Mynydd Maesteg.

The Town & Country Planning (Environmental Impact Assessment) (England & Wales)Regulations 1999 implement EC Directive 85/337 on the assessment of the effects of certaindevelopments on the environment. The regulations set out procedures to be followed beforeany grant of planning consent as part of an environmental impact assessment (EIA). Windfarms fall within Schedule 2 of the regulations and Circular 15/99 suggests that anydevelopment comprising five or more turbines or over 5MW capacity will likely require EIA.Although this application is a separate proposal for a joint access track and does not includeany turbines, it does from an integral part of the overall Pant-y-Wal and Fforch Nest wind farmproposals and does raise some visual and landscape issues. As the applicant has submittedan environmental statement (ES) with the application, which sets out the results of the EIAundertaken to consider the environmental effects of the proposal.

The ES contains chapters on landscape and visual effects, ecology, land use, noise,transportation and safety, geology and hydrogeology and archaeology.

RELEVANT HISTORY


PUBLICITY


The application was advertised on site and in the local press. The period allowed for responseto consultations/publicity expired on the 17th December 2008.

4 WIND TURBINES, SUB-STATION, TRACKS, MASTS & ACCESS OFF A4093P/06/1080/FUL

NO DECISION TO DATE

P/06/417/FUL WIND FARM COMPRISING 10 TURBINESNO DECISION TO DATE


Page 52com_rep

NEGOTIATIONS

Planning applications for the Pant-y-Wal and Fforch Nest wind farms were submitted in Marchand August 2006 respectively (applications P/06/417/FUL & P/06/1080/FUL refer).

Both schemes proposed individual access tracks with new junctions to the west and east ofGlynogwr. It was also apparent that the two proposals were not entirely compatible as theschemes involved the siting turbines of differing heights within close proximity to one another.

In 2007, joint meetings with the both developers and Council officers were undertaken andfollowing lengthy discussions in October, 2008, revised and "harmonised" schemes weresubmitted by both developers along with this separate application for a joint access track. Theamended version of both wind farm schemes are also being considered at this committee.Both applicants have indicated their intentions to abandon their individual access tracks anduse the joint track provided both wind farms and this application are approved.

Following the Development Control Committee site visit on the 1st July 2009, furtherinformation including cross-sections indicating the access track in relation to Cae Rosser Isafhas been submitted.


Councillor D N W Jones






South Wales Police (Traffic Management)


The application should be referred to the Committee for the following material planningconsideration.

The likelihood of serious traffic problems along unsuitable roads.

Application should be referred to the Committee for the following material planningconsideration

Will lead to heavy traffic problems

No highway objections subject to conditions

No ecological objections subject to conditions regarding an ecological management plan

No objections


No objection subject to suitable mitigation

No reply received




Page 53com_rep


Rights Of Way Officer


No objections subject to a condition relating to traffic movements and times.

No objections

No objections raised

The Following Representations Have Been Received:-, .The total number of objection letters received is 238. These can be broken down as follows.


Standard Letter: 180

Further Standard Letter: 45 (see below)

The total number of letters in support of the developed received is 7.

The standard letter comprised of a series 16 tick boxes and room for additional comments. Thesame letter was used for the Fforch Nest proposal (P/06/1080/FUL) Pant-y-Wal (P/06/417/FUL)and the joint access track (P/08/962/FUL). An example is attached at Appendix B.

The standard objection letter referred primarily to the wind farm developments and does notspecifically raise any issues relevant to the access track other than point 6 which states:

"The construction of the Wind Factories will result in hugely increased heavy traffic going pastschools (Hendreforgan and Bryncethin) and houses. This will cause congestion, an increase inroad accidents, delays in emergency service response times and interruption of bus services."

The other issues raised in the letter have been addressed in some detail in the wind farmapplications also reported to this Committee.

A list of 34 names and addresses under the title "list of members of the community of GilfachGoch who oppose the application to build a joint access track".

A letter was also received from Berry Smith Solicitors on behalf of Mr & Mrs Cole of Cae RosserIsaf, reiterating their previous objections and raising the following further issues.

Insufficient detail in the ES regarding the choice of route and the impact on residential amenity,inconsistency in the ES regarding the length of the track and construction phases, noise andvibration and the need for and scope of the environmental assessment. Also concerns raisedthat Cae Rosser Isaf had not been taken into account as part of the EIA and that the JAT couldbe used to gain access to other wind farm developments in the future.

The content of this letter also appears to have been 'copied' into a number of other standardrepresentations received from residents of Glynogwr.

Representations against the application were also received from Huw Iranca Davies MP, andJanice Gregory AM.



Page 54com_rep

An email was received from Mr. F. Jenkins regarding the provision of wheel washing facilitiesand the adequacy of the water supply.

The non standard objections include comments made from residents in Glynogwr in particularthe occupant of Cae Rosser Isaf, a residential dwelling situated in close proximity to the route ofthe access track. The issues raised are summarised as follows:-

Impact on landscape protection area, highway safety considerations, biodiversity/ecology,increase in crime, joy riders, drug dealers, vehicle thefts, fly tipping and illegal dumping, illegalaccess by travellers or squatters, detrimental effect on house prices, tourism and business andimpact on residential amenity and human receptors given the proximity of the access track toresidential properties.

Further representations have been made in respect of the track being used to gain access tofuture wind farm development, uncertainty of the proximity of the access track to Cae RosserIsaf and property blight.

THE FOLLOWING COMMENTS HAVE ALSO BEEN SUBMITTED IN SUPPORT OF THEAPPLICATION:

Progress needs to be making progress towards renewable energy targets, development issupported by policy, wind farms are necessary, access track will also benefit local farms instock management, tracks would eventually grass over, objections submitted are notrepresentative of public opinion, NIMBYism, any disadvantages of this energy source areoutweighed by global benefits.

A letter of support has also been received from Pontypridd Friends of the Earth

A letter was received from Mr. G Williams of Cae Rosser Farm following the publication of anarticle in the Glamorgan Gazette regarding the joint access track. Mr. Williams has indicatedthat the existing access to the farm is inadequate and that there are already regular deliveriesof animal feed and fuel (20 tonnes plus) to the farm, which currently uses the existing tracklocated directly adjacent the boundary of Cae Rosser Isaf.


Most of the issues raised in the standard letters of objection in relation to the wind farmdevelopment have already been addressed in some detail as part of the respective wind farmapplications.

With regard to the issues of highway safety and transportation, no highway objection has beenreceived from the Head of Street Scene subject to conditions. The movement of abnormalloads is not covered under planning legislation and will require a separate traffic managementplan. It is not considered that the proposal will give rise to any long term adverse impacts onmatters of congestion, emergency service response times and bus services. The issue oftransportation is discussed in greater detail in the appraisal section.

The impact of the wind farm developments on the landscape and visual amenity in general hasbeen addressed in the relevant appraisal sections. The access track must also be assessed inthe context of the larger development and it is not considered that there will be any adverselong term effects on the landscape.


Page 55com_rep

The ecological impacts of the scheme have been addressed in the ES and suitable mitigationmeasures suggested. No objections have been received from the County Borough Ecologist orthe Countryside Council for Wales (CCW).

There is no evidence that the development will give rise to any issues of crime or encourageillegal travellers or squatters. However, planning conditions will be attached to the consent toensure that the access track is kept secure at all times.

The effect of the development on house prices is not considered material to this application.

There is no evidence to suggest that the development will adversely affect any businessinterests or tourism.

The impact of the track on residential amenity is a material consideration. The ESacknowledges that there will be increased disruption during the construction of the track, theconstruction and decommissioning of the wind farms. These effects are relatively short termand can be mitigated by a traffic management plan and in the long term additional landscapingand planting.

The use of the track to access other wind farm developments is not a material consideration inthis application.

Further details have been submitted plans indicating that the distance between the access trackand boundary of Cae Rosser Isaf is approximately 47.5m.

The issue of property blight is not a material planning consideration in this application unlikesome of the other issues identified earlier in this section.

It is considered that the ES is sufficiently detailed and accurate for the purposes of determiningthe planning application. Although in some chapters reference is made to Cae Rosser asopposed to Cae Rosser Isaf, these are two distinct yet adjoining properties. This is alsoacknowledged in para 4.3.13 of the ES. The noise chapter in particular makes reference only toCae Rosser however, due to the close proximity of these two dwellings any impact will beidentical for both properties and it is not considered that either dwelling has been prejudiced.The noise monitoring location was approximately 150m away from Cae Rosser Isaf although itis not considered that the background levels will vary significantly at these two locations.

No objections with regard to noise have been raised by the Group Manager Public Protection.

APPRAISAL

Members visited the site on the 1st July 2009 and viewed the access from the junction with theA4093 and along the route of the track close to Cae Rosser Isaf.

The proposal is for a joint access track to serve two wind farm developments i.e. Pant-y-Waland Fforch Nest both of which are being considered at this Committee.

The relevant national and local policy context concerning the wind farm development has beendiscussed in some detail in the individual appraisal sections of each report. The reportsconclude that the wind farms do not conflict with adopted UDP policies and are in line withnational policy as contained within Planning Policy Wales and Technical Advice Note 8 (TAN 8). The joint access track (JAT) should also be considered in this context and must be seen as


Page 56com_rep

part of the wind farm proposal albeit submitted as a separate proposal. It should be noted thatthe track itself is outside Strategic Search Area F (SSA F) as defined in TAN 8 although it isalso an essential ancillary component to the two wind farm developments. It is not consideredtherefore that the JAT proposal is at odds with national or local policy.

The landscape and visual aspects of the two wind farm developments have also been coveredin detail in the individual reports including their respective access tracks although the JAT willraise other landscape and visual issues. The JAT by its nature will be an obvious feature in thelandscape and some visual impact is expected due to the length of the proposed track as itascends the higher ground between the access and the wind farm site. It must also be viewedagainst the backdrop of the two wind farm developments.

The ES has also identified a number of mitigation measures including the reinstatement ofboundary walls and hedgerows following completion of the construction phase.

The construction phase both of the access track and subsequent wind farm development willinvolve an increased element of disruption and associated landscape change. Followingcompletion of the construction phase of the track and the subsequent construction of the windfarms the proposed mitigation measures will ensure that the development will not appear as anincongruous element in this predominantly rural area. This will be reinforced during theoperational phase of the wind farms when the track will be in limited use. The decommissioningphase will involve once again the increased use of the track in order to remove the variouscomponents and materials. However, this must also be seen as an integral part of the windfarm development. TAN 8 acknowledges and accepts that there will inevitably be bothindividual and cumulative landscape change and visual effects in the Strategic Search Areas(SSAs). The SSAs have been identified as being those areas which are most able toaccommodate such impacts, compared to other areas of Wales. The identified visual andlandscape effects albeit on the edge of the SSA in the case of the JAT must be considered inthis context and it is not considered that this proposal raises any adverse issues in terms oflandscape or visual amenity.

The construction phase of the access track will take approximately six months and will requirethe importation of road stone for the JAT as well as the other access tracks within each site.This amounts to approximately 10.017km of new access tracks in total although the ESsuggests a 10% addition to this length to account for the construction of passing places. Thisequates to a possible working length of 11.018km of access track with an approximaterequirement of 29,749 tonnes, based on a 5m wide track with a depth of 0.3m.

The wind farm construction programme has been estimated at 16 months with HGV deliveriesoccurring during the first 12 months.

The main transportation impacts will be associated with the movement of commercial HGVs toand from the site. The ES has estimated the traffic generations associated with the constructionphases of the project based on assumptions made with regard to the following activities:

* Stone extraction, access track construction, site compound, etc;* Delivery of road stone for construction of access tracks;* Delivery of road stone for areas of crane operation;* Delivery of road stone for compound base areas;* Delivery of road stone for substation base area;* Delivery of culvert materials;* Delivery of geogrid material for the construction of 'floating' access tracks;* Delivery of transformer and substation equipment;


Page 57com_rep

* Delivery of cable used to connect the turbines;* Delivery of sand to backfill cable trenches;* Ready-mix concrete delivered to the site for construction of the turbine bases;* Formwork and reinforcing steel delivered to the site for construction of the turbine bases;* Delivery of turbine base rings;* Delivery and removal of mobile cranes used to erect the turbines; and* Delivery of the turbine equipment.* Removal of plant and equipment

This equates to a total of 8714 vehicle movements during the construction phase and assumesa worst case scenario (where all construction material is sourced off-site). Once complete thetrack will be occasionally used by smaller service and maintenance vehicles and by adjoiningland owners as access to agricultural land.

The construction of the track will take 6 months with the wind farm construction taking a further16 months. HGV movements will largely occur during the first 12 months. Given the possibilityof delays due to weather and co-ordinating turbine delivery it is reasonable to predict a 2 yeartotal construction window. A higher level of HGV activity particularly with regard to concretepouring for the turbine bases will take place during months 9, 10 and 11 and this could amountto 127 HGV movements per day. The delivery of turbine components will take place duringmonths 9,10 and 12 and will take 21 days (1 day per turbine) with each turbine requiring 11vehicles with a total of 462 vehicle movements. The proposed joint access is located off the A4093 to the east of Glynogwr with constructiontraffic approaching the site from both the East (via M4 Jct 36) and West (via M4 Jct 34)although the larger vehicles associated with the delivery of turbines and tower structures wouldbe via M4 Jct 36 and along the A4061 turning right in Blackmill and then along the A4093. Inrelation to construction traffic these vehicles would be using the highway and it is not likely thatthese movements throughout the working day would be material given the existing vehicle typeand flows on the highway network.

The A4061 & A4093 are the main road links between Bridgend, the M4 corridor and theRhondda Valleys, and carry high volumes of all types of traffic including large goods vehicles atall times of the day. There are no Traffic orders on either road preventing them from beingused by any lawfully sized vehicle. The signalisation of the junction of the A4061 & A4093 atBlackmill has been designed and implemented with stop lines and signal heads set backsufficiently to allow movements of all vehicles that can lawfully use the highway without the priorapproval of the police as an abnormal load.

With regard to the vehicles needed to transport the wind turbine components to site the itshould be noted that the transportation of all abnormal loads have to be authorised by the localpolice and as such the Haulage Contractor is required to submit a route and schedule ofmovements to South Wales Police who will then agree what type of escort is required for eachload. It should also be noted that the Police no longer routinely escort abnormal loads, but if itis considered that the load will cause severe traffic problems or that the loads are too large tomove without a police escort, then the Police will normally arrange escorts which have to bepaid for by the Haulier and the times and days that they move agreed. Any works to highwaystructures within the existing adopted highway boundary will be agreed with the HighwayAuthority.

The issue of emergency vehicle provision is not normally a material planning considerationalthough it should be noted that large load movements are a part of Roads Policing whichSouth Wales Police and their Abnormal Loads Officer are well rehearsed in and any movement


Page 58com_rep

plans will be fully discussed and investigated before the large load movements commence withsuitable liaison with the emergency control room and other emergency services to preventunnecessary delays to emergency vehicles.

The ES suggests that the predicted increases in traffic are such that there is unlikely to be asignificant impact on pedestrian perception of traffic (fear and intimidation). The level ofpedestrian activity is also relatively low and the proposed routes are already subject to regularHGV flows. In this case, the existing accident rate for the assessed 8.6 km section of the A4093has been demonstrated to be lower than the national average for roads of this type.

Despite the fact that some small local delays may occur, the local highway network is notconsidered to be at capacity and traffic movements could be managed to avoid conflicting withthe peak hours of background traffic. Changes in volume, composition or speed of traffic mayaffect the ability of people to cross roads. In general terms, increases in traffic levels are likelyto lead to greater increases in delay for pedestrian journeys. Whilst some delay to pedestriansmay occur due to increased traffic levels, this is not considered to be significant as pedestrianactivity throughout the majority of the route is relatively low. The exception to this is during thestart and finish times at the nearby Hendreforgan Primary School, on the A4093 near GilfachGoch, where levels of pedestrian activity will be higher than normal for these short periods.

As part of any consent a Traffic Management Plan would be prepared to addresses anyconcerns regarding road safety to avoid conflicting with busy periods or areas. This couldextend to disturbance and other effects caused by construction traffic through the constructionphase. However, Members are made aware that the access track will serve two separate windfarm schemes with two different funding mechanisms and possibly employing differentcontractors. Any traffic management plan must therefore seek to avoid any potential conflictsbetween the individual developers whilst not unnecessarily extending the overall constructionphase of the wind farm or conflicting with the aims of any other mitigation proposals.

No highway objection has been received from the Head of Street Scene and it is consideredthat requiring all mitigation measures to be satisfied, any subsequent effects of the proposalson the surrounding highway network will be of an acceptable level. In light of the aboveconclusions and those of the ES, the overall traffic impact associated with the proposed jointaccess track is considered to be minimal.

The closest residential properties to the access track are Chapel House on the A4093, whichlies directly adjacent to the proposed access splay and Cae Rosser and Cae Rosser Isaf.These properties are located approximately 47m from the edge of the track at the closest pointand will undoubtedly experience some loss of residential amenity during the construction of thetrack and the construction and decommissioning of the wind farms. In particular this will relateto the noise and disturbance associated with the road construction and HGVs and concretemixer lorries gaining access to the wind farm site. As described above these effects will berelatively short term (compared with the 25 year duration of the wind farms) with concentratedactivity taking place over a period of 4 months during the 2 year construction period.

Concerns have been expressed by the occupants of Cae Rosser Isaf concerning noise andvibration due to the proximity of the access track. It should be noted that the individual accesstrack in connection with the proposed Pant-y-Wal wind farm scheme lies on higher land somedistance to the north of Cae Rosser Isaf. The applicant has confirmed that the route of theJAT represents an improvement in visual and ecological terms although its alignment brings itcloser to the residential properties. Cross-sectional plans submitted in support indicate thatthere will be a distance of 47.5m from edge of the access track to Cae Rosser Isaf. Due to thetopography of the landscape and the cutting operations necessary, the track will be lower than


Page 59com_rep

the floor level of the dwelling. This together with other mitigation measures including anattenuation and screening fence and planting will ensure that there will be little impact on thevisual amenity at this property.

With regards to noise, monitoring of background levels has taken place in Glynogwr and midway between Cae Rosser Isaf and Pantycornant. The ES indicates that there will not be anyperceptible change in the existing background ambient noise level of 48 dB except during theperiods when concrete mixer lorries will be using the track where the level rises to 59 dB. Noadverse observations have been received from the Head of Public Protection in terms of noiseand although this is a significant increase, it is within acceptable limits. Also the length of timethis increase is likely to occur must also be taken into account and the short term duration ofincreased noise levels is not so significant to warrant the refusal of this application.Nevertheless a condition can be added to ensure that regular noise monitoring takes place andthat the limit be set to 59 dB.

Further concerns have been raised regarding the potential impact of vibration from HGVs usingthe access track on Cae Rosser Isaf. This is a relatively new property granted planningconsent in 1991. It is reasonable therefore to assume that the foundations have beenconstructed to modern building standards and the distance from the access track and the shortterm nature of its concentrated use will not give rise to any adverse issues in terms of vibration.Further to this the owner of Cae Rosser Farm has indicated that the existing access track to thefarm buildings, which runs directly adjacent to Cae Rosser Isaf (the original vehicular access toCae Rosser and Cae Rosser Isaf), is regularly used by HGVs delivering fuel and feed and therehas been indication of any problems associated with vibration.

Suitable mitigation by way a management plan controlling vehicle movements and times canalso reduce the overall impact of the development. It is not considered that there will be anyother long term residential amenity impacts on the properties.

Other material considerations such as ecology, land use, geology & hydrogeology andarchaeology are adequately addressed in the ES and any issues arising can be controlled andmitigated by suitable planning conditions and or management plans.

CONCLUSION

National policy advocates the provision of wind farms to achieve targets for renewable energyprovision, which is an important component of the UK's energy policy. TAN 8 seeks to achievethis by giving guidance on the locations and targets for specific areas. Development PlanPolicies also encourage renewable energy production providing any impacts are consideredacceptable.

There is little doubt, that this development will have a visual impact on the landscape, both fromlocal settlements and surrounding areas. However, the fact that the track will be visible is not,in itself, a reason for refusal and TAN 8 states that land within and adjacent to the SSAs willexperience a significant change in landscape character. Both wind farm sites lie entirely withinthe boundaries of Strategic Search Area (SSA) F and although part of the joint access track isoutside this area it forms an integral part of the Pant-y-Wal and Fforch Nest Wind Farmproposals and has to be considered in this context. The assessment carried out by TACP hasnot identified any major concerns in terms of visual or landscape effects and welcomes the jointapproach to gaining access to the two wind farms. This is echoed in the comments from theCountryside Council for Wales.


Page 60com_rep

Any disruption to residential amenity will be relatively short term and is not considered sosignificant as to warrant refusal.

As such the proposal is considered to be in accord with national and local policy and will inconjunction with the wind farm development make a significant contribution to national windpower targets. Any adverse impacts that have been identified will mainly be short term and canbe addressed by suitable mitigation measures.

In reaching the recommendation below, the Authority has taken regard to the environmentalinformation submitted within the Environmental Statement, the comments of statutoryconsultees on the information supplied, and the comments/observations provided by membersof the public. In addition, all relevant European directives, legislation and regulations have beentaken into consideration.

1

2

Not later than 12 months before the cessation of the operation of the Pant-y-Wal andFforch Nest wind farms, a site restoration scheme shall be submitted to and approvedin writing by the Local Planning Authority. Such a scheme will include the managementand timing of works and a traffic management plan to address highways issues duringthe decommissioning period.

Reason: In the interests of visual amenity and landscape protection and in the interestsof safety and amenity (Policy U2 & U3 of the UDP).

No development shall take place until the proposed means of access onto the A4093 tothe east of Glynogwr village has been laid out with a minimum 15m radius kerbing onthe eastern side of the access and western kerbline as detailed on drawing JAT.05 andshall be completed in permanent materials for a distance of no less than 20m from theedge of the classified route A4093.

Reason: In the interests of highway safety (Policy T2 of the UDP).


(1) Access the Pant-y-Wal and Fforch Nest Wind farms solely by the Joint Access Track

(2) Not to implement the construction or use of the access and access track approved underplanning applications P/06/417/FUL and P/06/1080/FUL

(3) Provide a detailed joint construction programme and timescale for the construction of thetrack and the Pant-y-Wal and Fforch Nest wind farms

(4) The construction window of the joint access track and the Pant-y-Wal and Fforch Nestwind farms shall not exceed 2 years from the date of commencement of development on thejoint access track.



Page 61com_rep

3

4

5

6

7

8

No development shall take place until the proposed means of access onto the A4093 tothe east of Glynogwr village has been laid out with vision splays of 2.4m x 90m in bothdirections as detailed on drawing JAT.05.


No development shall commence until a scheme of road markings detailing the edge ofcarriageway across the junction bell mouth has been submitted to and agreed in writingby the Local Planning Authority. The approved scheme shall be completed inpermanent materials in accordance with the approved layout prior to the approveddevelopment being brought into beneficial use.


No development shall take place until a scheme has been submitted to and approvedin writing by the Local Planning Authority showing a temporary 30mph restriction inspeed limit on route A4093 from the existing 30 mph speed limit in Glynogwr village inthe west to the Common County Borough Boundary with Rhondda Cynon Taf in theeast. Such a scheme shall include all appropriate signing and carriageway markingsand shall be fully implemented before works on the access commences and shall be,maintained during the construction phase of the access and removed at a point in timeto be approved by the Local Planning Authority.


No development shall commence on site until a scheme for the proposed crossing ofthe maintainable access to Pantycornant Farm has been submitted to and approved inwriting by the local planning authority. The approved scheme shall incorporate 2.4m x33m vision splays, gates on either side of the maintainable access set back a minimumof 5m from the edge of carriageway and an apron of permanent materials no less than15m in length on either side of the access together with suitable warning signs. Such ascheme shall be implemented prior to commencement of any works north of thecrossing.


No structure, erection or planting exceeding 0.9 metres in height above adjacentcarriageway level shall be placed within the required vision splay areas.

Reason In the interests of highway safety (Policy T2 of the UDP).

No development shall take place until a scheme for the provision of a compound andcar park for construction vehicles has been submitted to and approved in writing by theLocal Planning Authority. The approved scheme shall be implemented prior tocommencement of works on site and maintained for the duration of the constructionworks.



Page 62com_rep

9

10

11

12

13

14

No development shall take place until a scheme has been submitted to and approvedin writing by the Local Planning Authority showing a scheme of temporary trafficmanagement on the classified route A4093 on the approaches to the proposed siteaccess. Such a scheme shall be implemented as approved prior to construction of theproposed access and maintained during the construction of the proposed development.


No development shall commence on site until details of mechanical, automaticallyoperated, self-contained wheel washing facilities including a temporary / permanentaccess road / hardstanding completed in permanent materials at a minimum length of20metres and 5.5metres width have been submitted to and agreed in writing by theLocal Planning Authority. The facilities shall then be provided and retained as approvedfor the duration of the development including the earthworks / muck shift.

Reason: In the interests of highway safety by preventing mud and debris from beingcarried out onto the existing maintainable highway (Policy T2 of the UDP).

No material arising from any excavation on the site shall be transported away from thesite.

Reason: In the interests of residential amenity, highway safety and to minimisecongestion on the surrounding residential streets.



Notwithstanding the provisions of condition 16, delivery of turbine and cranecomponents may take place outside the hours specified subject to not less that twoworking days prior notice of such traffic movements being given to the Local PlanningAuthority and such deliveries first being approved in writing by the Local PlanningAuthority.

Reason: In the interests of highway safety and the free flow of traffic.

No development shall take place until a scheme for the protection of Rights of Wayshall be submitted to and approved in writing by the Local Planning Authority. Such ascheme shall include * measures to prevent flooding on footpaths from the wind farm access track;* measures to make good any damage should flooding ever occur;


Page 63com_rep

15

* details of any fencing proposed along the access track;* the provision of stiles at appropriate locations along any fenced sections of the track. Development shall be carried out in accordance with the details unless otherwiseagreed in writing by the Local Planning Authority.

Reason: to protect the amenity of walkers and other users of the rights of way.

Prior to the commencement of development a Construction Method Statement ('theCMS') shall be submitted to and approved in writing by the Local Planning Authority.Thereafter, the construction of the development shall only be carried out in accordancewith the approved Construction Method Statement, unless otherwise agreed in writingby the local planing authority. The Construction Method statement shall address thefollowing matters;

* Dust management* Temporary site illumination* Details of the phasing of construction works and the construction and surfacetreatment of all hard surfaces and tracks * Fuel and chemical storage: measures to ensure any fuel or chemicals from plant donot cause pollution* Environmental management: identification of mechanisms to ensure awareness ofrelevant environmental issues during pre-construction, construction and pre-decommissioning including details of emergency procedures/pollution response plans* Track construction: including the laying of underground cables alongside tracks,materials proposed and track reinstatement* Pollution control: protection of water courses and ground water and soils, bunding offuel storage areas, sewage disposal and discharge of foul drainage including proposalsfor off-site water quality monitoring* Exclusion fences: including marking off a buffer zone of at least 20m between theedge of watercourses and any proposed works* Location and details of wheel washing facilities* Cleaning of site entrances and the adjacent public highway and the sheeting of allHGVs taking spoil or construction materials to/from the site to prevent spillage ordeposit of any materials on the highway* Details of the proposed temporary site compounds for storage of materials,machinery and operatives parking within the sites clear of the highway, and therestoration of the sites of the compounds within 12 months of the first commercialgeneration of the wind farm, to include the siting of the temporary buildings and allmeans of enclosure, oil/ fuel and chemical storage and any proposals for temporarylighting* Details of post-construction restoration/reinstatement of temporary working areas,including seed mixture* Construction noise management plan. The plan shall include identified accessroutes, locations of material lay-down areas, details of equipment to be employed,operations to be carried out, mitigation measures and scheme of noise monitoring* Vibration control* Details of turning facilities for all vehicles

Reason: In the interests of environmental protection and the minimisation of likelysignificant environmental effects.


Page 64com_rep

16

17

18

19

20

21

Construction work shall only take place between the hours of 07:00 - 19:00 on Mondayto Friday inclusive, 07:00 - 13:00 hours on Saturdays with no such working on aSunday or local or national public holiday. Outside these hours, development at thesite shall be limited to emergency works and dust suppression, unless otherwiseapproved in writing by the Local Planning Authority. The receipt of any materials orequipment for the construction of the site, other than turbine blades, nacelles, andtowers, is not permitted outside the said hours, unless otherwise approved in writing bythe Local Planning Authority having been given a minimum of two working days noticeof the occurrence of the proposed event



No development shall take place until the applicant, or their agents or successors intitle, has secured the implementation of a programme of archaeological work inaccordance with a written scheme of investigation which has been submitted by theapplicant and approved in writing by the Local Planning Authority.


No development shall commence until all the archaeological sites identified as beingwithin the development area in the environmental statement have been fenced to astandard agreed with the local planning authority. Throughout the development noworks will be undertaken within the area surrounded by the fencing without the writtenconsent of the Local Planning Authority.


No waste materials or any solid materials should be permitted to enter anywatercourses in or adjoining the site. Details of the measures to achieve theaforementioned requirement shall be submitted in writing and agreed by the LocalPlanning Authority prior to commencement of development on site.

Reason: To protect the ecology of the watercourses (Policy EV17 of the UDP).

Prior to the commencement of development, a scheme for the replanting of anyhedgerows or boundary planting removed for the proposed access during constructionshall be submitted to and approved in writing by the Local Planning Authority. Thescheme shall be implemented as approved. Development shall be carried out inaccordance with the details.

Reason: For the protection of nature conservation interests and in the interests ofvisual amenity (Policy EV20 of the UDP).

Prior to the commencement of development a landscape and ecological management,


Page 65com_rep

22

23

24

25

26

mitigation and monitoring plan shall be submitted to and approved in writing by theLocal Planning Authority. The plan shall be implemented as approved.

Reason: To protect and encourage habitats in the interests of biodiversity and visualamenity (Policy EV20 of the UDP).

The proposed attenuation and screening fence as indicated on approved drawingJAT.06 shall be erected prior to the commencement of the use of the track and shall beretained thereafter unless agreed in writing with the Local Planning Authority.

Reason: In the interests of residential amenity.

No development shall take place until details of new and or replacement planting andscreening along the length of track adjacent to the dwellings known as Cae Rosser andCae Rosser Isaf has been submitted to and agreed by the Local Planning Authority.The details as agreed shall be implemented in the first planting season followingcommencement of works on the joint access track.

Reason: In the interest of residential and visual amenity.


No development shall take place until details of all access gates and a system ofsecurity measures in order to prevent unauthorised use of the access track has beensubmitted to and approved in writing by the Local Planning Authority. The approveddetails shall be implemented prior to the commencement of development on any windturbine and retained as such thereafter unless otherwise agreed in writing with theLocal Planning Authority.

Reason: In the interests of amenity and in order to prevent unauthorised access.

Notwithstanding any details agreed under the requirements of condition 15 nodevelopment shall take place until a scheme of regular noise monitoring at Cae RosserIsaf during the construction phase has been submitted to and approved in writing bythe Local Planning Authority. The scheme shall be implemented prior to thecommencement of work on the joint access track.

Reason: In the interests of residential amenity

The noise level recorded at Cae Rosser Isaf as required by condition 25 above shallnot exceed 59 dB at any time.

Reason: In the interest of residential amenity.


The proposal is recommended for approval as it is considered to be in accord with national and


Page 66com_rep

local policy and will make a significant contribution to national wind power targets. Any adverseimpacts that have been identified will mainly be short term and can be addressed by suitablemitigation measures.



The developers attention is drawn to the comments from CCW dated the 30th June 2009 (Acopy of which is available via the planning applications search page on the Council's website)with regard to the siting of the turbines in relation to bat foraging areas and generalconsiderations regarding the operation of the site and the presence of bats. No turbines shouldbe sited within 50m of the Ogwr Fach stream or edge of the conifer plantation. The developeris also advised to incorporate these recommendations in the landscape and ecologicalmitigation and monitoring plan required under condition 27 and to discuss the contents andscope with the local planning authority and CCW prior to submission.

The proposal is recommended for approval as it is considered to be in accord with national andlocal policy and is an integral part of the Pant-y-Wal and Fforch Nest Wind Farm schemes,which will make a significant contribution to national wind power targets. Any adverse impactsthat have been identified will mainly be short term and can be addressed by suitable mitigationmeasures.

The deliveries of the road stone required to create the access road could approach from theeast and the gradient approaching the access from this direction could lead to inappropriateovertaking manoeuvres of slower lorries which would be detrimental to highway safety. Thesuggested temporary 30mph speed restriction is required to reduce the incidences of any suchmanoeuvres during the construction period of the access track. Whilst heavy vehicles couldalso approach Glynogwr from the west where there is also a significant gradient this hill has asystem of double white lines to prevent any overtaking at the most inappropriate points and issignificantly removed from the access to the site where an overtaking vehicle could be at risk ofconflict with a right turning HGV.

The proposed access track crosses maintainable highway South of the access to PantycornantFarm. A scheme is required to be submitted to show the required vision splays and a suitablegated arrangement (set back 5m) on both sides of the maintainable lane. It is also noted thattwo public Rights of Way also exist at this point and details will need to be submitted to theRights of Way section as part of their requirements.

Whilst the location of a construction compound has been shown no details of the use of thatcompound has been given and a scheme should be submitted which gives details of the areasto be set aside for offices/mess hut, materials and plant and vehicle parking to ensure thatsufficient parking is provided for the level of site staff anticipated.

Rainwater run-off shall not discharge into the highway surface-water drainage system. Failure


Page 67com_rep

P/06/417/FUL

PENNANT WALTERS LTDPER WHITE YOUNG GREEN 21 PARK PLACE CARDIFF CF10 3DQ

LAND AT PANT Y WAL NORTH WEST OF GILFACH GOCH CENTREDON NGR SS 965 908

WIND FARM OF 10 X 2.5MW WIND TURBINES WITH ASSOC. MAST,SUBSTATIONS, ETC, & NEW ACCESS ONTO A4093 (REVISED ENV.STAT)

31st March 2006

ITEM: 3

REFERENCE:

APPLICANT:

LOCATION:

PROPOSAL:


RECEIVED:

Notified on 3rd April 2006


Object to the development for the following reasons:

No CO2 savings as conventional power stations will still need to be operational

Visual impact due to the size of the turbines

Impact on ecology and protected species

Adverse cumulative impact with other wind farms in the area

Adverse impact on health from low frequency noise

Turbines will be within 700m of homes

Economic threat and adverse impact on property prices

Road safety risk

Site is a special landscape area and the proposal would not accord with the UDP

to ensure this may result in action being taken under section 163 of the Highways Act 1980.

The permanent materials referred to in condition numbers 2, 4 & 6 shall be either concrete ortarmacadam. Compacted chippings or brick paviours would not be acceptable.

A temporary Traffic Order will be required to facilitate the implementation of condition 5.

Environmental information has been taken into consideration in the determination of thisapplication.


Page 68com_rep

No provision for decommissioning

The site is in an area from which Npower withdrew in 2005 after extensive local opposition.

Applicant has ignored the results of consultation in contravention of WAG policy TAN 8

The ES is inadequate and dismissive of local concerns

Further subsequent comments were made regarding the impact of the extra vehicles on theroad network in the area and the ability of the emergency services to respond to call outs.

The proposal is a detailed application for the development of a wind farm comprising 10turbines of 2.5 mega watt (MW), associated anemometer mast, substations and relatedinfrastructure including internal access track and direct access of the A4093. The wind Farmwould have a working life of 25 years after which time it will be decommissioned. Theconstruction period will be 6 months.

The site lies on Mynydd Maesteg to the east of Price Town in the Ogmore Valley and isapproximately 470m above sea level at its highest point. The site is approximately 280 hectaresin area and is mainly made up of open mountain pasture with tracts of forestry to the north andsouth.

The development site forms two distinct "lobes" joined by an internal access track through theOgmore Forest. The land in between these two areas forms part of the Fforch Nest wind farmproposal. The boundary of the western or higher "lobe" lies approximately 1.1 km to the east ofPrice Town whilst the extent of the lower or eastern "lobe" is 0.5 km to the west of Evanstown.Glynogwr lies approximately 2.2km from the southern boundary.

The northern boundary of the site lies directly adjacent to the Rhondda Cynon Taff districtwhere the land falls steeply away to Clydach Vale Country Park. The Darren-y-Dimbath Site ofSpecial Scientific Interest (SSSI) lies with the Ogmore Forest outside the site but close to theinternal access road.

There a number of public rights of way crossing the site.

Access to the site is to be obtained off the A4093 Tonyrefail to Blackmill Road to the east ofthe village of Glynogwr. A 5m wide track would be constructed running northwards to link withthe main site.

The site lies entirely within Strategic Search Area (SSA) F, Coed Morgannwg. The areacomprises the upland plateaux of the coalfields of the former Glamorgan County and extends tothe upper reaches of the Cynon, Rhondda, Garw, Ogmore and Afan Valleys. The SSAs areidentified in Planning Policy Wales, Technical Advice Note 8 (TAN8), Planning for RenewableEnergy as areas noted for having land use and locational characteristics that render themsuitable in principle for the development of large scale wind farm development.

The application was originally submitted in March 2006 and was for a total of 14 turbines. InAugust 2006 a planning application for 6 turbines on adjacent land was submitted by Npower aspart of the Fforch Nest wind farm proposal also under consideration at this Committee underapplication P/06/1080/FUL. Following lengthy discussions between both developers and with



Page 69com_rep

Council officers, a revised and "harmonised" scheme was submitted along with a separateapplication for a joint access track in October 2008. The revised Pant y Wal scheme involvedthe deletion of turbines 1, 4 and 8 and the re-positioning of turbines 2 and 3 within the site.Consequently turbine 2 was moved further away from the settlement of Price Town.Subsequently the applicant has deleted turbine 14 from the scheme. This turbine occupiedlower ground and was the most prominent machine when viewed from the village of Glynogwr.

The individual components of the application and the layout of the site are described in moredetail below.

Wind Turbine:

The wind turbine operates by wind passing over the blades, which turns the hub connected to agearbox and generator. The resulting electricity is passed through cables inside the tower to atransformer and onto the national grid. The exact make and model of turbine is to bedetermined but will comprise of a horizontal axis, three bladed machine being no more than115m in height to blade tip and 70m to hub. The blades will rotate at approximately 8.6 to 18.4revolutions per minute, generating power for all wind speeds between approximately 4 metresper second and 25 metres per second. Above 25 metres per second, the turbines are to beshut down for self protection.

The turbine will sit atop a reinforced concrete base slab with dimensions of approximately15.5m x 15.5m x 2m, it is also proposed to allow the establishment of vegetation around thebase, however the exact foundation requirements will be determined following detailed groundinvestigations

Sub Stations:

The wind farm development will also include two electricity sub-stations, one in each area (one33kv and the other 66kv), in order to facilitate a grid connection to the national grid distribution. The turbines will be connected to the on-site sub stations via underground cables.

The sub station buildings will be single storey measuring 9.3m x 13.7m with a pitched roofreaching a height of 4.8m. Finishing materials will be stone faced blockwork with either slate ortile to the roof. The buildings will accommodate a switch room, battery room, meter room andcontrol room as well as a mess room and WC. The building will be situated within a compoundtogether with the transformer and surrounded by a 2.7m high palisade fence.

The grid connection itself will be the subject of another consenting regime and is therefore notpart of this application. The transmission of power to the grid is however, likely to be viawooden pole mounted wires although no route has been identified.

Site Access:

Construction traffic will be routed via Junction 34 of the M4 motorway and along the A4119 andA4093 before entering the site at a new junction approximately 500m to the east of Glynogwr.Internally a new 7.2 km long access road running north from the new junction to the southernboundary of the wind farm site will be constructed and an existing forestry track throughOgmore Forest will be utilised and partially upgraded in order to link the western and easternelements of the scheme. The stone for the access tracks will be imported into the site.

It should be noted that notwithstanding the individual access arrangements described here,there is also an application for a joint access track to serve both the Pant y Wal and Fforch


Page 70com_rep

Nest wind farm schemes under reference P/08/962/FUL. This application is also underconsideration at this Committee. The application was submitted following negotiations withboth developers and each party has indicated they will enter a S106 legal agreement topreclude use of their individual access tracks provided that both schemes together with the jointaccess track are approved. Notwithstanding this arrangement, the original access tracks foreach wind farm remain part of the individual application and must therefore be afforded dueconsideration.

Anemometer Mast:

A temporary anemometer mast has been on site since late 2005. A permanent 50m high mastis required as part of the scheme. The mast is required to monitor meteorological parametersi.e. wind speed and direction for the efficient operation and management of the wind farm. Thegeneral location is indicated on the submitted plans, however, the exact siting can be controlledby way of condition.

Site Accommodation and Temporary Works:

A temporary construction compound incorporating wheel washing facilities is proposed withinthe site. The exact location is to be agreed however, submitted plans indicate that it will belocated close to the proposed access.

Crane pads will be constructed adjacent to each turbine location. The pads will be constructedof concrete and will measure approximately 22m by 42m. The pads will provide a stableplatform for assembly, erection and repair or removal of the turbines and will remain followingcompletion of construction works although they will be covered in top soil and landscaped.

Wind Farm Layout and Design

The layout of the wind farm is to a certain extend dictated by the topography of the site, theground conditions and the proximity of other turbines both within the scheme itself and theadjacent Fforch Nest proposal. Other constraints include areas of environmental sensitivitysuch as ecology, archaeology and hydrology, proximity to dwellings and proximity to anyobstructions such as trees. The scheme has been designed taking these constraints intoaccount and the resulting layout is therefore not in a uniform pattern but indicates the turbinesdistributed through the site at different levels.

The amended layout proposes 5 turbines (2, 3, 5, 6 & 7) together with a sub-station in thewestern lobe and 5 turbines (9, 10, 11, 12 & 13) and a sub station within the eastern lobe.Although it still appears on the submitted plan, the applicant has confirmed that turbine 14 hasbeen deleted from the scheme and has amended the plans accordingly. The ground levelswithin the site undulate with the western area occupying the highest ground. Turbine 2 in thewest occupies the highest location at 470m above sea level with turbine 10 the lowest on the360 contour line.

Turbines 10 and 12 are approximately 1.1km from dwellings in Evanstown to the east andturbine 2 is approximately 1.8 km from residential properties in Price Town in the OgmoreValley. Turbine 13 is approximately 2.8 km from the centre of Glynogwr to the south. It shouldbe noted that there is a 30m micro-siting allowance for each turbine .

Environmental Impact Assessment

The Town & Country Planning (Environmental Impact Assessment) (England & Wales)


Page 71com_rep

Regulations 1999 implement EC Directive 85/337 on the assessment of the effects of certaindevelopments on the environment. The regulations set out procedures to be followed beforeany grant of planning consent as part of an environmental impact assessment (EIA). Windfarms fall within Schedule 2 of the regulations and Circular 15/99 suggests that anydevelopment comprising five or more turbines or over 5MW capacity will likely require EIA. Assuch an environmental statement (ES) has been submitted with the application, which sets outthe results of the EIA undertaken to consider the environmental effects of the proposal.

The ES contains chapters on landscape and visual amenity, ecology, archaeology, noise, trafficand transportation, electromagnetic interference, shadow flicker and safety, geology,hydrogeology and hydrology as well as details on the site selection, land use and detaileddescription of the development. The ES was updated as part of the amended submission inOctober 2008. Copies of ES have been made available to members of the public.

The individual chapters of the ES and their conclusions will be discussed in greater detail in theappraisal section.

RELEVANT HISTORY


PUBLICITY

NEGOTIATIONS

The application was originally submitted in March 2006 and was for a total of 14 turbines. InAugust 2006 a planning application for 6 turbines on adjacent land was submitted by Npower aspart of the Fforch Nest wind farm proposal also under consideration at this Committee underapplication P/06/1080/FUL. It was apparent that the two proposals were not entirely compatibleas the schemes involved siting turbines of differing heights within close proximity to oneanother. Both schemes also proposed individual access tracks with new junctions to the westand east of Glynogwr.

In 2007, joint meetings with the both developers and Council officers were undertaken andfollowing lengthy discussions a revised and "harmonised" scheme was submitted along with aseparate application for a joint access track in October 2008 under application P/08/962/FUL.This application is also under consideration at Committee.

The revised Pant-y-Wal scheme involved the deletion of turbines 1, 4 and 8 and the re-positioning of turbines 2 and 3 within the site. Consequently turbine 2 was moved further away


The application has been advertised on site and in the surrounding settlements and neighbourshave been consulted. A public meeting was held in Evanstown in February 2007. The periodallowed for response to consultations/publicity has expired.

P/04/969/OBS, Scoping opinion request for wind farm. Opinion issued 17/11/04

P/06/1080/FUL, Wind Farm comprising 4 Turbines, no decision to date

P/08/962/FUL, Joint access track to serve wind farm development, no decision to date


Page 72com_rep

from the settlement of Price Town. Subsequently the applicant has deleted turbine 14 from thescheme. This turbine occupied lower ground and was the most prominent machine whenviewed from the village of Glynogwr.

Following a Development Control Committee site visit on the 1st July 2009, additionalphotomontages indicating the access track and view from Evanstown were requested. Theadditional information has been received.

Councillor D N W Jones





Assistant Director Public Protection





Neath Port Talbot County

Vale Of Glamorgan B.C.

Nats (National Air Traffic Services) Safeguarding

Cadw, Fao David Rowe

The Forestry Authority


Application should be referred to the Committee for consideration as the proposal will causeheavy impact on traffic.

Application should be reported o the Committee for determination due to traffic implications

No highway objection subject to conditions

No ecological objections

No objections

No objections subject to conditions (see Appendix D for table and notes to be attached to anydecision notice)




No objections subject to standard wind farm conditions.

No objections

No adverse comments

No safeguarding objections

No objections

No reply recieved

To conclude, there are varying views on the impact of windfarms on tourism and there is nodefinitive research thus no firm view can be given on the effects of windfarms on tourism at this



Page 73com_rep

stage.

Huw Irranca-Davies Mp, Unit 2

Janice Gregory Am, National Assembly For Wales

The Following Representations Have Been Received:-, .

Objects to the development

Objects to the development

The total number of objection letters received is 332. These can be broken down as follows.


Standard Letter type A (pre October 2008): 66Standard Letter type B (post October 2008): 200

The earlier standard letter consisted of 10 objection points with room for the objectors nameand address and signature, an example is attached as Appendix B.

The later letter comprised of a series of 16 tick boxes and room for additional comments. Thesame letter was used for the Fforch Nest proposal (P/06/1080/FUL) Pant-y-Wal (P/06/417/FUL)and the joint access track (P/08/962/FUL). An example is attached at Appendix B.

In addition 4 petitions were received with 88, 23, 57 and 78 signatures respectively.

Representations against the application were also received from Kim Howells MP

The total number of letters in support of the developed received is 6.

Further representations against the application were also received from Huw Iranca Davies MP,and Janice Gregory AM. The further comments were received from Huw Iranca Davies MP,which make reference to the Arup report. The earlier comments from Janice Gregory AM werere-submitted together with an additional paragraph relating to the access track.

A letter from Mr. Harry Hayes was sent to the Chief Executive expressing concern regarding there-industrialisation of the area.

Further e-mail representations received from Mr. & Mrs. Cole expressing concern that theproposed legal agreement heads of terms does not include any reference to the exact cost ofreinstating the site at the end of the working life of the wind farm, claims that they had not beenformally consulted on the wind farm applications, querying the public meeting in Evanstown,questioning the lack of the applicant's public consultation process and expressing concern thatthe access track will be used for further wind farm developments in the area.

THE MAIN POINTS OF OBJECTION ARE AS FOLLOWS:

Adversely affects visual amenities



Page 74com_rep

Outside SSA boundary of TAN 8 - Area F

Adversely affects wildlife/protected species/biodiversity/ecology/flora/fauna

Other applications for wind farm proposals within the vicinity

Adverse noise

Impact on health and well-being

Economic threat

Reindustrialisation of the area

Access, traffic and highway and pedestrian safety

Adjoins a SSSI

The scheme includes no provision for decommissioning

Inadequate consultation undertaken

Inadequate public consultation by the applicant

Inadequate Environmental Statement/Errors within the Statement

Misleading information submitted

Vibro Acoustic Disease

Within Special Landscape Area (Coalfield Plateau and Associated Sites and Nature Reserve)

Loss of right to roam

Not in accordance with the UDP

Cumulative impact of wind-farms in the area

Encirclement of the wind turbines around villages

Saturation/Over-concentration of wind-farms in one area

The turbines are too large (higher than recommended height)

Wind is an unreliable source of energy

Negligible impact on reduction on carbon emissions/climate change

Dominates the skyline and landscape

The turbines are incongruous features

Shadow/Light Flicker


Page 75com_rep

Adverse impact on historical/archaeological features

Adversely affect the countryside and remoteness of the area

Adversely affect residential amenities

Vibration

Interference on Human Rights

General disturbance

General nuisance

Close proximity to residential properties

Safety Issues (Storms, Ice throw, Fire, Lightning Strikes)

Loss of television signal

Increase in crime/vandalism and anti-social behaviour

Adverse impact on informal recreation (i.e. walking)

Unsuitable area for wind-farms

Devaluation of properties

Increase in Pollution

Increase in Dust

Increase in Dirt

Increase in Grime

Not a cost-effective scheme

Impact on the quality of life of residents

Inappropriate use of land

Change of use of land

Increase in stress

Loss of privacy

Loss of view

No benefits to local residents

Loss of tourism in area


Page 76com_rep

Risk of subsidence/landslips

Pressure for further wind-farms in the area

Damage to properties

Geological fault in the Dimbath Valley

Adversely affects drainage

Adverse impact on local businesses and discourages new businesses from locating in the area

ARUPS does not fully endorse the proposal

Encourages gypsies/travellers to the area


It is not considered that the development conflicts with national or local policy

The site lies entirely within Strategic Search Area F (as defined in TAN 8). And the site isconsidered appropriate in principle for a wind farm development.

The delivery of major turbine components will entail a traffic management plan and includewhere necessary a police escort. It is not considered that the impact on the emergency serviceswill be sufficient to justify a reason for refusal

There is no evidence to suggest that the development will create any threat to the localeconomy.

The application has been advertised in the local press, by way of site notices placed in thesettlements closest to the site and by direct consultation with neighbours. Furthermore a publicmeeting was held in February 2007. It is not considered that there has been inadequate publicconsultation during the processing of this application.

The information contained within the environmental statement (ES) is considered to be accurateand sufficient for the purposes of the Environmental Impact Assessment (EIA) process and thishas been backed up by way of the consultation responses received. It is not considered thatthere has been any misleading information submitted.

The ES contains details of the decommissioning phase of the development

The development will not impact on any rights to roam, which would be covered under separatelegislation.

There is no evidence to suggest that the development will impinge on human rights or interferewith health.

There is no evidence to question the safety of the proposal given the relative remoteness of thesite.


Page 77com_rep

It is acknowledged in the ES that there will be some increased impact during the constructionand decommissioning phases of the development particularly with regard to the access andtransportation aspects of the scheme. However, this is to be expected and will be relativelyshort term. Any adverse impacts can be mitigated by the use of traffic management plans.

It is not considered that the development will give rise to any unacceptable impacts in terms ofloss of privacy.

The damage to individual properties will be a private matter between the owner and thedeveloper.

The reindustrialisation of the area is not considered to be a material factor in this application,however, the physical impacts of the scheme are discussed in some detail in the appraisalsection.

The issues of national and local policy, noise and vibration, landscape and visual effect, thecapacity of the area to accommodate wind farm development, the impact on ecology anddesignated sites, access, traffic and highways issues, shadow flicker, television reception,tourism, the impact on the historic environment, land stability and effects on airline traffic areaddressed in some detail in the individual sections of the appraisal.

The Arup report and its findings is also discussed in more detail in the appraisal however,notwithstanding the concerns raised the limits identified in that document are guidelines andshould not be regarded as absolute limits. The findings of the TACP report would tend toconfirm that there is sufficient capacity on the area to accommodate the proposal.

The issues raised in respect of the proposed Section 106 legal agreement relating to thedecommissioning works have been noted however, exact figures will be discussed with theapplicant following determination. It is not considered expedient to enter into discussions at thisstage.

Computer records indicate that Cae Rosser Isaf was consulted in 2006 and following thesubmission of amended plans in 2008. On both occasions letters of response were received.

TAN 8 encourages developers to engage with the local community although this is a matter forthe individual developer and the level of consultation is not a significant factor in thedetermination of this application.

The issues of the effect on house prices, the relative merits of wind power, the pressure forfurther wind farms in the area, the individual loss of view, the perceived increase in crime andvandalism are not considered to be material to the determination of this application.Furthermore there is no evidence that the development will encourage gypsies or travellers tothe area.

APPRAISAL

This report will address the material planning considerations in relation to determination of thisapplication. Wind power schemes are seen as a key part in the Welsh Assembly Government'stargets for renewable energy electricity production and as such it would not be appropriate forthe report to discuss issues such as the relative merits of wind power as a renewable energyresource or the qualities of national planning guidance including Ministerial Interim Planning


Page 78com_rep

Policy Statement (MIPPS) 01/2005 and Planning Policy Wales Technical Advice Note (TAN) 8.

Members carried out a full Committee site visit on the 1st July 2009 and viewed the proposalfrom locations in Glynogwr (at the proposed Fforch Nest wind farm individual access), CaeRosser Farm (adjacent to Cae Rosser Isaf) and Evanstown. Members also viewed theproposed joint access track entrance (and Pant-y-Wal wind farm individual access).

The report will assess the relative merits of the proposed Pant-y-Wal wind farm which is locatedentirely within the Bridgend County Borough area although many of the issues discussed in theappraisal will be common to the adjacent proposal for the proposed Fforch Nest wind farm aswell as the element of this scheme within the RCT area. This to a certain extent is reflected inthe report particularly with regard to the policy, landscape and visual topics where the threeproposals will be viewed as one wind farm. However, members are reminded that anydetermination on this application notwithstanding any other recommendations or decisionsrelating to the other relevant applications before the Development Control Committee, will be forthe development of the Pant-y-Wal wind farm comprising 10 turbines together with itsassociated individual access.

The appraisal will be split into 11 sections.

1. The development in relation to the national and local policy context.2. Landscape and Visual Amenity3. Ecology and Biodiversity4. Noise5. Access, Transportation & Highways6. Tourism 7. Shadow Flicker 8. Electromagnetic Interference 9. Geology, Ground and Surface Water10. Archaeology11. Radar and Air Traffic Control.

1. THE DEVELOPMENT IN RELATION TO THE NATIONAL AND LOCAL POLICY CONTEXT.

Planning Policy Wales (PPW) sets out the land use planning policies of the Welsh AssemblyGovernment. The Ministerial Interim Planning Policy Statement (MIPPS) 01/2005 Planning ForRenewable Energy, updates this document in respect of planning applications for renewableenergy schemes and outlines the Welsh Assembly Government's (WAG) commitment torenewable energy as a means of reducing carbon emissions. The document indicatesestablished specific renewable electricity production targets for Wales of 4 TWh per annum by2010 and 7 TWh per annum by 2020. The 4 TWh target equates to a little over 10% of Welshelectricity production. In order to meet the 2010 renewable energy target, WAG's energy policyis that 800 MW of renewable energy capacity should be provided from strategic onshore windenergy development mostly in the form of a small number of large wind farms. A further 200MW should be provided from offshore wind and other renewable technologies

PPW is supplemented by a series of Technical Advice Notes, including. Technical Advice Note8 (TAN8), which sets out the policy for the current position on renewable energy and the targetfigures for 2010 and 2020. It provides the land use planning guidance to facilitate the delivery ofthese targets through the planning system. The role of Strategic Search Areas (SSAs) isintroduced in TAN8, which states that large scale onshore wind developments i.e. over 25MWshould be concentrated in the SSAs. The SSAs are designed to display the following


Page 79com_rep

characteristics; Good wind speeds, upland areas dominated by conifer plantation and/or/improved/ impoverished moorland, generally sparsely populated, general absence of natureconservation or historic landscape designations and largely unaffected by radar or MODconstraints. The proposed Pant-y-Wal and Fforch Nest Wind Farms are wholly within SSA F -Coed Morgannywd.

TAN 8 also gives advice on a wide range of factors that have to be taken into account indevelopment control decisions, and includes endorsement for the use of the ETSU-R-9710report on assessing the effects of noise on sensitive receptors, advice on ecology, aviation,electromagnetic interference, shadow flicker, and on the key issues of landscape/visual impactand cumulative effects is contained in technical annexes. It is noted that the Policy Statementon Renewable Energy contained as Annex A of TAN8 suggests that onshore wind will be themain large-scale technology that is capable of enabling renewable energy targets to bereached.

Other Relevant Technical Advice Notes are the Draft TAN5, Nature Conservation and Planningand TAN 11, Noise.

The Renewable Energy Route Map for Wales (Consultation Document February 2008) sets outa vision of making Wales a showcase for clean energy whilst maintaining our internationalcompetitiveness. It identifies renewable energy as being able to contribute to security of energysupply, is affordable, does not produce waste or contributes to global warming. The Route Mapsets out the five important strands to Welsh energy policy, the first being securing renewableelectricity production targets by 2010 and 2020 and sets out a continued commitment to windenergy as the most readily available commercial renewable technology, and confirms theintention to pursue the proposals in TAN8 with a view to reviewing the targets upwards in duecourse.

'Meeting the Energy Challenge: A White Paper on Energy' was published by the DTI in May2007, replacing the 2003 Energy White Paper. It sets out a framework for action to address thechallenges of climate change and secure energy supplies, and to manage the risks associatedwith them. It includes international and UK strategies. Chapter 1 sets out the need for acomprehensive approach to energy policy in the light of climate change and security of supply.

'TAN 8 Annex D study of Strategic Search Areas E and F: South Wales Valleys' (the 'Ove ArupStudy'), was commissioned by the Consortium of South Wales Valleys Authorities, andendorsed by the Planning & Development Committee of the Council on the 1st December 2006;This is the local refinement of the boundary of SSA F and has been adopted by the Council asInterim Development Control Guidance. The report indicates that both wind farm proposals fallwithin zones 33 and 34 of the refined SSA which is suited to development of a 'large wind farm'i.e. with turbines up to a maximum of 100m with a total capacity of 19MW. It should be notedthat both wind farms propose 115m turbines with a combined capacity of more than double thatsuggested in the ARUP refinement. However, members are made aware that these figures areestimates not absolute limits and do not represent a ceiling. If smaller turbines were to be usedthen there would be a corresponding need for more machines. The capacity of the area toaccommodate the wind farms is discussed in more detail in the TACP report referred to below.

The Council commissioned consultants TACP to review the impact of the windfarm applicationsnorth of Gluynogwr on the landscape and visual amenities of the area. A report entitledBridgend Wind Farm Appraisal, Pant-y-Wal and Fforch Nest, May 2009, (The TACP report) hasbeen used to inform the Council on matter pertaining to landscape and visual amenity inrespect of this and the adjoining wind farm proposal.


Page 80com_rep

There are several policies of the Bridgend Unitary Development Plan (UDP), which wasadopted by the Council on the 12th May 2005, which are of relevance to the above proposals,in particular:

Part 1 Policies 1, 2, 10, 18 and 19;

Part 2 Policies EV1, EV7, EV10, EV18A & B, EV19, EV20, EV27 & 28, EV42, EV43 & 44, T12,T13(4), RC10(12 & 13), TM1, UNS1, U2 and U3.

UDP Part 1 Policy 1 is an 'over-arching' policy which is intended to be in tune with 'currentGovernment guidance in Wales' (UDP para. 3.1.5 refers). The latter substantively changedafter the adoption of the UDP by publication of MIPPS 01/2005 Planning for Renewable Energyand Technical Advice Note (TAN) 8 in July 2005 and referred to above. The proposals broadlyaccord with the intentions of Part 1 Policy 1 as updated by national policy in that they seek to'enhance, protect and conserve' the environment of the County Borough while not 'diminishing,endangering or neglecting' it as a 'varied and finite resource'. The proposals constitutedevelopment in the countryside which should be strictly controlled, but utility service provision isan acceptable exception to that strict control. Therefore, the proposals also accord in principlewith UDP Part 2 Policies EV1, EV7, and EV20, in that on balance they should have a scale,siting, layout, design, and external appearance that will be compatible with the landscape etc.,given that their implementation would involve landscape change, and introduce new visualelements as envisaged in national policy, while seeking to maintain or enhance the quality ofthe environment, and sustaining the biodiversity of the countryside.

It is the intention of UDP Part 1 Policy 2 to take the 'over-arching principle embodied in Policy 1and to apply it specifically to 'each component of the County Borough's environmental resource'(UDP para. 3.1.6 refers). This involves safeguarding the integrity of the countryside and thebuilt environment through careful siting, planning and design, and by protecting, conserving andenhancing (inter alia) international, national, regional and local biodiversity, and 'speciallandscape areas'.

In this respect, the proposals should also accord in principle with UDP Part 1 Policy 2 and UDPPart 2 Policy EV10, given that the Welsh Assembly Government (WAG) 'accepts that theintroduction of new, often very large, structures into the open countryside needs carefulconsideration to minimise the impact on the environment and landscape. However, the need forwind turbines is established through a global environmental imperative and international treaty,and is a key part of meeting the Assembly Government's targets for renewable electricityproduction. Therefore, the land use planning system should actively steer developments to themost appropriate locations'. (MIPPS 01/2005 para 12.8.9 refers). TAN 8 identifies those 'mostappropriate locations' for large scale wind farm development (i.e. wind farms over 25MW) inWales and designates them as 'Strategic Search Areas' (SSAs). The application sites lie withinSSA F 'Coed Morgannwg', as designated in TAN 8, which includes a part of two 'SpecialLandscape Areas' that are designated in the adopted UDP, but which are not considered to beof international or national importance.

With regard to the emerging Bridgend LDP, its preparation is only at the Pre-Deposit Proposalsstage (December 2008) and consequently it currently carries very little weight for decision-making. However, it is noteworthy that the LDP Preferred Strategy and Strategic Policiesformulated to date encourage the development of renewable energy generation whileconserving and, wherever possible enhancing, protecting and improving the naturalenvironment, including the countryside, important landscape features, and biodiversity of theCounty Borough. Strategically important areas such as Special Areas of Conservation (SACs),National Nature Reserves (NNRs), the Glamorgan Heritage Coast, and other 'Special


Page 81com_rep

Landscape Areas' are singled out for specific protection, however, the latter will not bedesignated until they are defined in the future Deposit LDP. The Pre-Deposit Proposals alsoemphasise that proposals which contribute to meeting national renewable energy targets will befavoured, provided there will be no adverse impacts on the environment and local communities.In respect of the latter, 'Large-scale wind power developments' will be specifically directedtowards the 'locally refined TAN 8 SSA F' in accordance with national policy. (LDP StrategicPolicies SP2, SP4 and SP9 refer). The proposals, therefore, also accord in principle with thecurrently emerging strategy and policies of the LDP.

UDP Part 2 Policies EV18A & B, EV19, and EV20, seek to protect internationally, nationally,and regionally/locally designated sites for nature conservation (and more general protection ofbiodiversity including its habitats and species) from any potentially adverse impacts ofdevelopment. The submitted comprehensive documentation which comprises theEnvironmental Statements (including their Revisions and additional Surveys etc.) for eachapplication address these matters and this issue is discussed in more detail below.

UDP Part 2 Policies EV27 & 28 aim to reduce noise generation and its unacceptable impact onsensitive receptors (which include residential properties, wildlife, and areas where theenjoyment of the landscape might be affected by noise e.g. existing and proposed recreationsites). Noise is addressed in the ESs (and their revisions) for the individual wind farmproposals, and is discussed in greater detail below.

UDP Part 2 Policy EV42 states that 'development which would adversely affect an historiclandscape will not be permitted'. While neither of the proposed wind farm proposals submittedwithin the County Borough lie within a registered Historic Landscape, it should be noted thatmost of the Fforch Nest is located within the adjacent Rhondda Special Historic Landscape inRCT. In this respect, it is noted that the independent ASIDOHL Surveys which have beensubmitted by the applicants each conclude that the overall direct physical impact on the HistoricLandscape would be very slight, the visual impact on the same would be moderate, and thecumulative effect of these impacts for the reduction in the value of the Rhondda Special HistoricLandscape, as a whole, would be categorised as slight. These conclusions have beensupported by Cadw, therefore the proposals would also accord in principle with adopted UDPPolicy EV42, notwithstanding the fact that much of the proposals' site is located in a high qualitylandscape and has visual connectivity with the extensive upland that typifies this part of theCounty Borough, this is confirmed by TACP in their landscape and visual appraisal of theproposals.

UDP Part 2 Policies EV43 & 44 aim to protect known, potential, or suspected sites ofarchaeological significance. The applicants' ESs conclude that there should be no directimpacts on 'known cultural heritage features', and only 'indirect visual impacts of moderatesignificance' on archaeological sites. They also propose that 'watching briefs' will be carried outduring soil stripping operations in mitigation, and any presence of buried archaeology will berecorded if required, as there is a potential for further archaeological features of probably lessthan national importance to be present which have not previously been identified. The settingsof Scheduled Monuments (and Listed Buildings) within the vicinity of the proposals' site wouldnot be expected to be significantly affected as views of them are either obscured, or aresituated at too great a distance from the development. The issue of archaeology in relation tothe development is discussed in greater detail below.

UDP Part 2 Policies T12 and T13(4) relate to any potential impacts of the proposals on thepublic rights of way network during construction and afterwards, and whether the proposals canbe safely and efficiently accessed from the Ogmore Transport Corridor.


Page 82com_rep


UDP Part I Policy 18 and Part 2 Policy UNS1 relate to the development of unstable orpotentially unstable land. The applicants' ESs examine the geology, hydrogeology andhydrology of the sites, and acknowledge that there are geological constraints that could affectthe proposed development. This is discussed in some detail below.

UDP Part 1 Policy 19 states that 'Development for 'utility services or the exploitation ofrenewable energy sources will be favoured where it can best be demonstrated that any adverseeffect on the best and most sensitive environments (in terms of landscape and scenic,architectural and historic, and nature conservation value) would be minimal. Accordingly, thePolicy implicitly acknowledges that development such as wind farms may have adverse effectsbut provided that in those 'best and most sensitive environments' those effects would be'minimal' they will be favoured in principle. The foregoing assessment of the proposals hasshown that the effects upon the historic environment and nature conservation interests shouldin this instance be minimal and would not in my view give rise to undue harm. The landscapeand visual impacts of the proposals have been thoroughly assessed both in the applicants ESsand these have been reviewed in the findings of the Council's commissioned 'Wind FarmsAppraisal' undertaken by Consultants TACP, which is examined in relation to adopted UDP Part2 Policy U2 below.

UDP Part 2 Policy U2 confirms that proposals for wind farms and wind turbines will be'encouraged in the interests of protecting valuable energy sources and limiting emissions ofgreenhouse gases'. Such developments must, however, satisfy four criteria of assessment tobe permissible in principle, and that 'the cumulative, as well as individual, impact ofdevelopment proposals on sensitive environments will be assessed'. As explained in thesupporting text to Policy U2, the Council will seek to protect those interests listed in the criteriacontained in the Policy from intrusive or harmful development which will have an adverse effectupon those interests. I have therefore examined the submitted proposals (and their respectiveESs) taking on board the recommendations of the Council's expert Landscape Consultants andwould make the following observations in respect of the criteria of adopted UDP Policy U2:

1. The proposals' site does not lie within the Glamorgan Heritage Coast, and therefore itaccords with this criterion of Policy U2.2. The proposals' site is located within two designated 'Special Landscape Areas' (SLAs), asdefined in UDP Policy EV10, i.e:

(1) The Strategic Coalfield Plateau and its associated Valley Sides, and(2) The Upper Dimbath Landscape Conservation Area (in part)

However, as referred to under Points 1(a & b) above, these parts of the respective SLAs areincluded within the TAN 8 SSA F designation (albeit at its edge and within its buffer zone) whichis one of the 'most appropriate locations' for large scale wind farm development in Wales,where, more importantly, it is accepted under national planning policy that there will inevitablybe landscape change even after careful consideration to minimise the impact of new, often very


Page 83com_rep

large, structures on the environment and landscape. Similarly, most of the proposeddevelopment (except for three of the proposed Pant y Wal Wind Farm's turbines) also lieswithin the locally refined boundary of SSA F as recommended in the 'Ove Arup Study' whose'appropriate recommendations' have already been endorsed by the Council. Bearing in mind theintentions of adopted UDP Part 1 Policies 1, 2, and 19, and Part 2 Policy EV1, with which theproposals have been assessed to be in broad accord in principle in terms of their location, theymust nevertheless be carefully considered in terms of their cumulative as well as individualimpact on the landscape and in visual terms to satisfy this criterion of Policy U2. A substantialpart of both ESs submitted with the applications (as subsequently revised and re-assessed)address these interests.

Reference is made to the comprehensive findings in the TACP report, which reviews the ESsfor the wind farm applications including the Joint Access Track proposal, and which undertakesa capacity assessment for the upland area of the proposed wind farms. The TACP Appraisaltook due account of all revisions to the schemes and the additional information included in theASIDOHL reports. Essentially, the TACP Appraisal concurs with the results of the landscapeand visual impact assessments undertaken for the proposals; however, the reviewdemonstrates that the indirect impacts on the landscape through its visual context is consideredto have been 'underestimated' especially for the adjacent upland areas.

In view of TACP's conclusions expressed in paragraph S13 of the Executive Summary to theirAppraisal Report, especially that the 'landscape and visual impacts of these proposals arerelatively contained', it is considered that they are in accord in principle with the relevantprovisos made in criterion 2 of Policy U2, the remainder of the criterion having already beensatisfied in respect of the adjacent Rhondda Historic Landscape. Furthermore it is notconsidered likely that the proposals should have any harmful impact upon the Kenfig SAC as itis situated at a considerable distance away at the opposite side of the County Borough, theproposals therefore also accord with this criterion of Policy U2. In summary, therefore, theproposals would also accord in principle with adopted UDP Part 1 Policy 19, and Part 2 PolicyU2.

Lastly, UDP Part 2 Policy U3 lists those detailed considerations which will need to be addressedin respect of the proposals, given they do not conflict in principle with adopted UDP Policy U2.These are largely matters of detail which are for consideration, as most can probably beovercome through appropriate conditions and/or through a Section 106 Agreement.

Given the above considerations the applications are generally in accord in principle with boththe relevant policies of the adopted and emerging development plan.

2. LANDSCAPE & VISUAL

Wind farm developments by their very nature are likely to raise issues in terms of their visualappearance and their setting within the landscape. Also, the proximity of the site to the FforchNest wind farm proposal would mean that both schemes will appear for all intents and purposesas a single wind farm when viewed from outside the site(s). The cumulative impact of thesewind farms with other wind farm schemes such as the existing operating Taff Ely wind Farmand consented Mynydd Portref scheme to the south of the site in the area must also beconsidered. The potential impact of the development on the surrounding landscape as well asits visual impact forms a substantial part of the submitted ES which includes relevantassessment of the landscape issues as distinct from the visual appearance of the proposal. Allfurther references to 'the site' in this appraisal relates to the combined application sites of theindividual wind farm proposals and their suggested accesses which are under consideration.


Page 84com_rep

In terms of adopted development plan policies, the site lies within two designated 'SpecialLandscape Areas', that is wholly within the Strategic Coalfield Plateau and its Associated ValleySides and partly within the 'Upper Dimbath Landscape Conservation Area' as identified in PolicyEV10 of the adopted Bridgend Unitary Development Plan. Both of these 'Special LandscapeArea' designations are matters of principle for the assessment of the applications under one ofthe criteria contained in Energy and Utilities Policy U2 of the adopted UDP. Any proposalswhich may thereafter be considered to be permissible under Policy U2 must then satisfy thedetailed criteria pertinent to their further assessment under Policy U3 of the adopted UDP. Also,the Rhondda Landscape of Special Historic Interest lies to the north of the site within RCT.Furthermore, the site is located entirely within Strategic Search Area (SSA) F as designated inTAN 8, and all but three turbines are within the "refined" SSA as defined in the Arup report asreferred to earlier in this appraisal.

The pre-application scoping opinion identified that the site lay within an area of high biodiversityvalue, which is also evaluated as 'high' under the LANDMAP assessment. For membersinformation LANDMAP is the Welsh Assembly Government (WAG) approved landscapemethodology and comprises of a series of "layers" including visual and sensory, culturalheritage, historic landscape, geological landscape and landscape habitats. The landscape andvisual impact assessment (L&VIA) in the ES has been undertaken in this context and describesthe construction and operational phases of the proposed wind farm on the landscape of the siteand its environs as well as the effects on visual amenity. This includes the effects on featuresand characteristics assessed as important to the landscape character of the site andsurrounding landscape. Views of the site are also considered both from within the site and thesurrounding area including any highways and the rights of way network. A cumulativeassessment of the development with Fforch Nest, Taff Ely and Mynydd Portref has also beenundertaken.

The landscape study area as defined in the ES is situated between the Ogwr Fawr and OgwrFach Valleys and extends beyond the application site to include the area where the access is tobe located. With regard to the visual assessment a zone of visual influence (ZVI) has beenexamined up to 25 km radius from the centre of the site. The cumulative ZVI (CZVI) includesother existing and consented wind farm development up to 60km from the site and extends topart of the Gower AONB, Brecon Beacons National Park and the Glamorgan Heritage Coast.

As part of the ES an Assessment of the Significance of Development on Historic Landscapes(ASIDOHL) for the both the Pant y Wal wind farm and Fforch Nest wind farm was submitted.

The assessment comprised a combination of desk studies and field surveys with subsequentdetailed analysis and identified the following key findings:-

* Seven landscape character areas defined within the study area, ranging from the open uplandof the wind farm area, through to the lowland farmland in the locality of the site entrance. * The uplands are intensively managed for sheep rearing and coniferous forestry.

* The zone of visual impact (ZVI) is most extensive to the south, especially over the coastalplane between Margam and Barry.

* Higher land to the north and north-west ensures very limited visibility to the west, north-westand north.

* Visual analysis has assessed views from 35 areas, within three zones of near viewpoint up to5km from the site; mid-distance between 5 and 15km and distant views of between 15-25km.


Page 85com_rep

* The study has further considered the cumulative impact of other wind farms up to a radius of60km.

* The main features which might affect landscape and visual amenity are the turbines andaccess track.

The potential effects were identified as follows:-

(a) Landscape

* Landscape character would change from upland open moorland to an area containing largeindustrial elements.

* Disturbance to the ground and vegetation, and breaching of field boundaries would give rise tolocalised effects.

(b)Visual

* From identified near viewpoints (5km), turbines would be seen individually and as a cluster.

* Prominence in the view, and degree of impact dependent on elevation of view, withsignificance ranging from slight impact from valley bottoms to more substantial impact fromopen upland areas.

* From mid-distance viewpoints (5-15km) views are more frequently interrupted and partlyscreened.

* Open views are however available from the south, where, from certain locations, the windfarm would be a skyline feature.

* From distant viewpoints (15-25km) the impact would be small, with the wind farm a distantelement, difficult to discern in the landscape.

* The cumulative effects of other wind farms would be to alter the landscape character to a windfarm landscape. However the cumulative visual effects from near, mid and distant viewpointswould be broadly similar to the individual effects.

The assessment concludes that the development would result in a change of landscapecharacter to one containing large industrial elements, the degree and significance of visibility ofwhich is largely a reflection of distance. By virtue of this there are likely to be substantial longterm effects although whether these effects would be perceived as adverse depends on theindividual attitude of the observer. The ES also refers to research by the Scottish Executivewhich found that only 12% of residents near a wind farm felt that the wind farm had spoiled thelandscape. Notwithstanding this the national planning policy objective (TAN8) to concentratewind farms within SSAs acknowledges and accepts that there will inevitably be both individualand cumulative landscape change and visual effects in those areas. The SSAs have beenidentified as being those areas which are most able to accommodate such impacts, comparedto other areas of Wales. The identified visual and landscape effects must therefore beconsidered in that context.

The ES also proposed a number of measures to mitigate the impact of the development.These include a design and layout that has attempted to minimise visual impact throughavoiding the siting of turbines in very prominent locations and matt mid-grey colour for the


Page 86com_rep

turbines, which would reduce contrast against the skyline. The sub-station buildings would beclad in stone, with slate roofs to give the appearance of the local vernacular style. Soils wouldbe re-spread over the construction bases and tracks to minimise the extent of the operationalarea. Land management during the operational phase would include a reduced grazing regimewhich would improve the biodiversity and landscape interest, together with the reinstatement ofstone walls and hedgerow boundaries. Upon decommissioning, all above ground structureswould be removed, including the breaking up of concrete foundations and hardstandings, andthe re-spreading of soils for natural re-colonisation. A landscape (and ecology) managementplan would be implemented, to enable mitigation and restoration to be monitored, and ensurethe successful implementation of the various schemes.

In view of the major landscape and visual implications of the development, landscapeconsultants TACP were commissioned on behalf of the Local Planning Authority to review thesupplementary information provided for the Environmental Statements prepared for Pant y Waland Fforch Nest Wind Farm planning applications and to undertake a capacity assessment forthe upland area of the proposed wind farms. The main purpose of the review was to considerthe impact of the proposed wind farms both individually and in combination on the landscape ofthe area and the visual impact on the settlements affected. A copy of the executive summary ofthis report is attached as Appendix B.

The report also included a review of the landscape and visual impacts contained within theEnvironmental Statements submitted as part of the applications as well as a review theproposals against the TAN 8 Annex D study of Strategic Search Areas E and F: South WalesValleys 2006 report prepared by Arup for the Consortium of South Wales Valleys Authorities.

The report indicated that the assessments carried out as part of the review generally concurwith the results of the landscape and visual impact assessments undertaken for both the Pant yWal and Fforch Nest wind farms although some indirect impacts on the landscape for adjacentupland areas through its visual context have been underestimated. Nevertheless, the revisionsto both schemes have gone some way to reduce the landscape and, more particularly, thevisual impacts of the schemes. The report concludes that the upland setting, large scale oflandform, simple land-cover and relatively sparse population make Mynydd Maesteg a possiblelocation for wind generated energy. This has been confirmed through the TAN 8 StrategicSearch Area refinement exercise and an area of Mynydd Maesteg has been included within therefined Strategic Search Area (SSA) boundary identified for large scale wind farms.

The TACP report also identifies that there will be significant changes in the landscape contextof a number of high value landscape areas especially those within which the wind farms arelocated as well as the adjacent uplands of Mynydd Llangeinwyr and Mynydd Gaer. Both windfarms are located within the BCBC Special Landscape Area and the greater part of Fforch NestWind Farm is located within the Rhondda Historic Landscape in RCT. There will also besignificant visual impacts on settlements in close proximity to the proposed wind farmsespecially Gilfach Goch, Evanstown and Glynogwr although longer views will be amelioratedthrough screening from local topography and vegetation.

With respect to cumulative visual impact, relevant existing and proposed wind farms have alsobeen reviewed as part of the report. With regard to the existing and consented wind farms, theproposed Pant y Wal and Fforch Nest schemes would be most frequently viewed with theexisting Taf Ely Wind Farm and consented Mynydd Portref Wind Farm. Given the proximity ofthese two proposals there is a high frequency of combined views, and as such a highcumulative impact, on a small number of settlements such as Gilfach Goch and Glynogwrwhere all four of these wind farms would be visible as important elements within the view.Scarweather Sands Wind Farm would be viewed with moderate frequency but is located at a


Page 87com_rep

distance of approximately 28km from the proposed wind farms. The consented Power Factory,Fochriw, and Maesgwyn wind farms as well as the existing Ffynon Oer Wind Farm would havea limited cumulative impact.

The capacity assessment carried out by TACP took into consideration the recommendationsfrom the Arup Report, landscape sensitivity of the area, visual impact using key viewpoints, areview of populations, location and visibility to the area and the implications of policy issues oncapacity. As part of the review an assessment of the visual impact of the proposed wind farmson each settlement within 30km study area was considered for Pant y Wal Wind Farm, FforchNest Wind Farm and the combined effect of Pant-Y-Wal and Fforch Nest wind farms.

The Settlements within the 30km study area ZVI were identified and views from thesesettlements assessed using the following definitions:

a) Negligible: No part of the development is discernible or is at such a distance that it isscarcely apparent in the view.

b) Minor: Proposals constitute only a minor component of the view, which couldbe missed by the casual observer having little effect on the nature of the view.

c) Moderate: Proposals form a visible and recognisable new adverse elementwithin the overall scene and may be readily noticed by the observer

d) Prominent: when they are easily seen without the need for close examinationof the landscape

e) Dominant: where they are not just visible but draw the eye to the extent that little else is seeneven in an attractive landscape

f) Overwhelming: if they are so close and of such a size as to make theobserver uncomfortable and want to move away.

The relevant ZVI illustrates that due to the topography there will be very few views of the windfarms from the majority of the towns in the study area, these include the settlements ofMaesteg, Pencoed, Pontycymer and Pyle within the BCBC area.

However, the ZVI suggests some visibility from a number of towns and settlements within theBCBC area summarised as follows:

Gilfach Goch/Evanstown: Views would be restricted to residents facing northwest towards theturbines that are not obscured by other buildings. Views of the turbines would be dominant dueto the proximity to the development.

Glynogwr: Open views are available from the northern edge of the village towards the proposedturbines. The proposed access track would be visible in part in the lower section. Views of theturbines here would be dominant due to the proximity to the development.

Nant-y-Moel: The majority of the settlement would have no views but some limited views wouldbe available to the Pant y Wal Wind Farm from the very edge of the settlement. Due to thevalley nature views would be restricted by vegetation and the built form and thus the impactwould be reduced to Moderate.

Ogmore Vale: The majority of the settlement would have no views but some limited views would


Page 88com_rep

be available from the very edge of the settlement. Due to its valley nature, views would berestricted by vegetation and the built form and thus the impact would be reduced to moderate.

The views from Bettws, Sarn & Aberkenfig, Bridgend, Cefn Cribbwr and Porthcawl wereconsidered to be minor. The significance of the proposed wind farms on views from settlementswithin the 30km study area are shown to be greatly reduced for settlements greater than 6kmfrom the site. Settlements located further than 6km from the development have all beenassessed as having a minor to negligible effect on views; this is due to the reduced prominenceof the proposed turbines and the increased screening effect of vegetation, topography and thebuilt form of urban development when viewed at these distances. For settlements within the6km distance from the site only the villages of Gilfach Goch, Glynogwr and Evanstown areassessed as the turbines having a dominant effect on the views, this is due to the very closeproximity of the turbines and lack of screening features.

The other settlements within the 6km distance are all assessed as having a moderate impact onthe views due to their locations within valleys, which would allow for a greater screening affectof vegetation, topography and elements of the built form of each settlement. The TACP reportgenerally concurs with the Arup Report inasmuch as the area proposed for the refined SSAboundary, whilst impacting upon the settlements of Gilfach Goch, Evanstown and Glynogwr,has lesser impacts than surrounding areas.

Whilst the Pant y Wal scheme is located within the defined SSA F, three of the western turbinesof the proposal i.e. nos 2, 5 and 6 lie just outside of the refined SSA boundary as indicated inthe Arup Report (the Fforch Nest Wind Farm lies totally within the refined SSA boundary).Turbine 3 sits on the boundary of the refined area, turbines 2 and 6 are approximately 200m &300m respectively outside the refined area while turbine 5 is approximately 500m outside.Notwithstanding this, and given the 'moderate' impact on the nearby settlements of Price Town,Ogmore Vale, and the general landscape conditions in the area, the location of these turbinesoutside the refined area is not considered to be a significant factor in the determination of thisapplication. Furthermore, the amended scheme for both Pant y Wal and Fforch Nestrepresents a positive improvement over the original proposal in landscape and visual terms.

The TACP report did however, identify that turbine 14 was the most prominent from a numberof locations and recommended the removal or possible relocation of this turbine in order toreduce the overall visual impact of this wind farm. As discussed above, the applicant hasconfirmed that this turbine has now been removed from the scheme.

The Countryside Council for Wales (CCW) is the Government's statutory advisor on sustainingnatural beauty, wildlife and the opportunity for outdoor enjoyment in Wales and is also astatutory consultee on planning applications that may impinge upon the its remit. In its responseCCW has not offered any adverse observations in respect of the landscape and visual aspectsof this proposal and states "It is the opinion of the CCW that the Landscape and Visual ImpactAssessment (LVIA) chapter of the Environmental Statement (ES) is sufficiently detailed andreaches reasonable and appropriate conclusions in respect of the predicted landscape andvisual impacts". Whilst there is acknowledgement that there will be landscape change, this isnot at odds with the advice contained within national planning advice (TAN8).

Cadw is the Welsh Assembly Government's historic environment division and has indicated thatthere are no serious concerns regarding the impact of the proposed development on theRhondda Historic Landscape.

The proposed access track for the development raises landscape and visual issues in itself andwhilst these are not as significant as the turbines this aspect of the development must be


Page 89com_rep

considered. As referred to above, a separate application for a joint access track has beensubmitted and is under consideration. This proposal intends to remove the need for twoseparate tracks to serve both wind farms and the need for a lengthy access link through theOgmore Forest to facilitate the Pant-y-Wal scheme. Notwithstanding the main landscape andvisual issues described above the TACP report concludes that "it is considered essential thatshould the applications for these wind farm developments be granted, the applicants mustensure that each wind farm is accessed solely by means of the proposed joint access; and thatno developments entail the construction or use of any separate access tracks included in theoriginal planning applications". Members therefore should be mindful that neither proposeddevelopment may be acceptable if considered solely with regard on its own proposed accesstrack, or indeed in respect of their combined impacts as opposed to a joint track.

Given the impacts and recommendations identified above and the TACP assessment, it isconsidered that there is sufficient capacity on Mynydd Maesteg for wind farm development interms of its landscape and visual capacity. It is considered that the criteria required for windfarm development are met and the landscape and visual impacts of these proposals arerelatively contained. However, there are a number of consented and proposed wind farms thatwill impact visually and indirectly upon this area and reinforce the "wind farm landscape" to thenorth and north east of the County Borough. The TACP report also recommends thatsubsequent wind farm proposals are reviewed with increasing scrutiny with regards thosepeople living, working and travelling through the area. TACP's recommendation must also be balanced against the advice in TAN8 which states"Within (and immediately) adjacent to the SSAs, the implicit objective is to accept landscapechange i.e. a significant change in landscape character from wind turbine development". In thiscase it is considered that the landscape and visual effects as described above are insufficient tooverride the national planning policy presumption in favour of wind farm development in thisarea.

3. ECOLOGY AND BIODIVERSITY

The potential impact of the wind farm development on the ecology or biodiversity of an area aswell as any effect on a protected species is a material planning consideration. Planning PolicyWales para 5.5.1 advises that biodiversity considerations must be taken into account indetermining individual applications. Further advice is contained in the Draft Technical AdviceNote 5 nature Conservation and Planning (TAN5). UDP policies EV18, EV19 and EV20 arealso relevant.

The ES has a specific chapter on ecology and has provided an assessment on the core studyarea i.e. the turbine locations and the proposed access route study area. A supplementary birdreport and a separate peat depth survey have also been submitted as part of the assessment.The assessment involved field surveys following advice from CCW and other consultees and isbased on the following.

Extended Phase 1 Habitat surveyDetailed vegetation survey around the turbine locations Winter birds surveyBreeding birds surveyVantage-point survey of birds over-flying the study areaProtected mammal, reptile, amphibian and butterfly survey

The consultation process also identified two Sites of Special Scientific Interest (SSSI) within 2km of the core study area. The Darren y Dimbath SSSI is located within the Ogmore Forest to


Page 90com_rep

the south of the wind farm but adjacent to the internal access route. The site comprises a richassemblage of liverworts, mosses and rare ferns. The Cwm Cyffog SSSI is locatedapproximately 1.2 km west of the study area and is designated as a particularly good exampleof upland mire.

The assessment produced the following key findings and potential effects.

* The vegetation of the wind farm area is dominated by unimproved and semi improved acidgrassland, surrounded to the north, east and south by mature conifer plantations.

* Within that grassland area, lie smaller areas of wet and dry heath, bogs, and areas ofbracken.

* Within the southern access corridor, well established hedgerows generally form boundariesalong the fields.

* The winter bird population is very small.

* The study area does not support any breeding populations of birds sensitive to wind farms,but there are more general populations of breeding birds.

* No suitable habitats for amphibians lie within the site.

* The site is too open, with little attractive habitats for bats.

* No evidence of water vole, brown hare or reptiles was observed.

* There is a Badger sett in proximity to southern access track.

* Areas of dry heath, wet heath and bracken occur within the acid grassland, which providehabitats for birds and invertebrates.

* Several areas of modified bog of high local nature conservation value also occur.

* Direct impacts can be avoided via careful siting of turbines.

* No direct impact on SSSI within Ogmore Forest.

* A few short lengths of hedgerow would be removed by the southern access track.

* Overall impacts on habitats considered to be minor/ negligible.

* Overall impacts on birds considered to be minor/negligible.

* Overall impact on other fauna considered to be negligible.

The ES suggests that a number of mitigation measures to off set any impact from thedevelopment such as locating the turbines to avoid interference with modified bog and wetheath. Also, the developer will carry out an enhancement to existing vegetation and habitatssuch as the reduction of grazing and or selected land exposure in order to increase speciesdiversity of acid grassland as well as the restoration of dwarf shrub heath, extend the period ofecological monitoring and period of aftercare for the duration of the operational phase, therestoration of existing dilapidated stone walls and protection of hedgerows, other specific


Page 91com_rep

habitat creation measures such as the creation of reptile and amphibian friendly features, andthe utilisation of scrub cuttings to construct habitat piles to provide additional faunal habitat andcover. The hedgerows will be surveyed in advance of track construction to minimise losses ofvegetation and the track would be aligned so that it would be a minimum of 30m from identifiedbadger sett.

The overall conclusion in the ES is that the development would give rise to minor effects tograssland and breeding birds, but negligible effects on other interests. The mitigation measuressuggested would minimise the effects and introduce ecological enhancements. The preparationand use of an ecological management plan would ensure that ecological interests aresafeguarded, and the mitigation and enhancement measures are fully implemented.

The County Borough Ecologist has not raised any objections to the proposals and indicates thatthe mitigation measures outline in the supplementary bird report makes a number of usefulrecommendations that may be controlled by way of a condition if planning permission isapproved.

The Countryside Council for Wales (CCW) in its consultation response has not offered anyobjections to the scheme subject to the incorporation of suitable mitigation and monitoringmeasures into any scheme and some further survey work being carried out in particular withregard to locations of breeding nightjar and reptiles. It is also noted that the ES recommendsthat all construction work with the potential to disturb birds is to be carried out betweenSeptember and March in order to avoid the bird breeding season.

CCW has however, highlighted some concerns regarding the potential impact on the Darren yDimbath SSSI from the forestry track upgrading. CCW also advise that there may be otherimpacts on the natural environment associated with the upgrading and use of the 7.2 kmforestry track. As referred to above there is a separate application for a joint access trackcurrently being considered, which would remove the need for this length of internal forest track.Both applicants have indicated that they are prepared to enter a legal agreement to prevent useof the individual access including this internal track. Members are therefore made aware of thepotential environmental concerns associated the individual access.

The Royal Society for the Protection of Birds (RSPB)has indicated that available evidencesuggests that wind farms can harm birds in three possible ways i.e. disturbance, habitat loss ordamage (both direct or indirect), and collision. However, if wind farms are located away frommajor migration routes and important feeding, breeding and roosting areas of those birdspecies known or suspected to be at risk, there is a strong possibility that they will have minimalimpact on wildlife. The RSPB has recently published a report entitled Positive Planning forOnshore Wind Expanding Onshore Wind Energy Capacity While Conserving Nature. The reportconcludes that wind power has a significant role to play in the UK's fight against climate changeand with the right strategic approach and planning safeguards, it can be expanded withoutsignificant detrimental effects on birds of conservation concern or their habitats. "Evidence fromseveral European countries, including parts of the UK, shows that it is possible to plan onshorewind farms, without significant and unnecessary damage to wildlife." No adverse observationshave been received from the RSPB.

Whilst there may be examples of protected species being present within the area to bedeveloped, including Red Kite and other birds of prey, the majority of the site has a minimalecological value and the submitted environmental information has adequately demonstratedthat subject to suitable mitigation measures, that there will be no adverse impact on anyprotected species or any environmental or ecological interests. It is considered therefore thatthe proposal does not conflict with national or local policy with regards to ecology or nature


Page 92com_rep

conservation.

Further environmental information was submitted in respect of the potential impact on BlackmillWoods Special Area of Conservation (SAC), which lie to the south-west of the main wind farmsites. Concern was raised that the internationally designated SAC would be susceptible to thepollutants from passing vehicles and/or physical impacts from large loads using the main roadsin order to gain access to the site. If theses impacts were considered sufficiently adverse thenscreening for Habitat Regulations Assessment or Appropriate Assessment would be required.

The additional information describes the potential sources of pollution to include an increasedrisk of groundwater contamination and an increase in airborne pollution; both could potentiallyarise due to increased volumes of heavy traffic on the A4061 during the construction period.Whilst measures will be in place to prevent contamination of the groundwater, should such anincident occur, there is no perceived risk of contaminated groundwater affecting any part of theSAC as all parts of the SAC lie on ground that is higher than the section of the access routethat bisects the SAC. Where the route rises to a higher elevation in the east, any contaminatedgroundwater would drain into the Ogwr Fawr and then pass between the two SAC blocks at alower elevation, having no potential to adversely affect them. Thus there are no perceived risksconcerning contaminated groundwater adversely affecting the SAC from development traffic.The production of aerial pollutants from diesel fumes or dust resulting from the temporaryincrease in road traffic during the construction phase is not considered to be sufficient toproduce any significant adverse impact to the SAC habitats or species. The increase in roadtraffic during the operational phase is negligible and will therefore have no significant effect.

The report goes on to indicate that the main type of adverse effect that could potentially arisefrom physical impacts is damage caused by oversized loads to roadside tree trunks and/oroverhanging branches. A detailed examination of the SAC boundary shows that the section ofthe access route along the A4061 which bisects the SAC, does not in fact come into directcontact with any part of the SAC. The closest point that the route approaches the SAC is at thesouth-western edge of Blackmill village where the road approaches within 32m of Allt-y-Rhiw,this being the southern woodland block. The majority of the remaining part of the northernboundary of this block of the SAC is generally some 80m from the road. Coed Tal-y-fan, thenorthern woodland block of the SAC, is on the opposite side of the A4061 and its southernboundary runs roughly parallel to the road at distances between 110m and 260m. Whenconsidering the distances involved, even the largest loads will not be capable of causingphysical damage to the SAC habitats or species.

In view of the above it is considered that there is unlikely to be any significant environmentalimpact on the SAC and it is unnecessary to carry out Habitat Regulations Assessment orAppropriate Assessment screening in this case.

4. NOISE

Noise is a material consideration in the determination of wind farm applications and forms amajor part of the submitted environmental statements for both the Pant-y-Wal and Fforch Nestschemes. As well as potential noise generation from the individual wind farm the cumulativeeffect of both the Pant-y-Wal and Fforch Nest wind farm proposals must be taken intoconsideration. In view of this a cumulative noise assessment has also been submitted as partof the noise chapter of the ES.

National planning advice is contained in Planning Guidance (Wales) Planning Policy, Planning


Page 93com_rep

Guidance (Wales) Technical Advice Note (Wales) 8: Renewable Energy (TAN 8) and TechnicalAdvice Note (Wales) 11: Noise (TAN 11). UDP policies EV27 and EV28 relating to noise arealso relevant.

The relevant guidance document to assess wind farm noise is ETSU-R-97. The Assessmentand Rating of Noise from Wind Farms (1996). This provides a framework for the measurementof wind farm noise limits to offer a reasonable degree of protection to wind farm neighbours,without placing unreasonable restrictions on wind farm developers or local authorities and isendorsed by TAN8.

TAN 8 advises at Paragraph 2.14 that: "Well designed wind farms should be located so thatincreases in ambient noise levels around noise-sensitive developments are kept to acceptablenoise levels with relation to existing background noise. This will normally be achieved throughgood design of the turbines and through allowing sufficient distance between the turbines andany existing noise sensitive development. Noise levels are generally low and, under mostoperating conditions, it is likely that turbine noise would be completely masked by windgenerated background noise."

TAN 8 goes on to discuss the noise sources found within wind turbines. These may besummarised as follows:

1. Mechanical Noise: generated by the gearbox, generator and other parts of the drive trainwhich can be radiated as noise through the nacelle, gear box and tower supporting structures.Careful design at the development stage of a wind turbine can eradicate this source of noisesuch that most modern wind turbines do not exhibit tonal noise within the measured/audiblenoise emissions.

2. Aerodynamic Noise: generated by the action of the rotating blades of the turbine as theypass through the air. The level of noise from the source is determined by the speed of theblades as they pass through the air. This in turn is determined by the rotor diameter and therate of rotation. Tip designs for blades have improved resulting in reductions in high frequencynoise emissions from this source.

As part of the assessment measurements of existing background noise levels at 8 noisesensitive properties and settlements in the general vicinity of the site were carried out. Themeasurements were considered to be representative of the noise conditions at other dwellingsand were used to set limits for 'quiet' daytime noise levels, within a range of 35 dB to 40 dB.The limits for night time (sleep disturbance) were set at 45dB, which equates to internal noiselevel of 35dB with windows open, and 25dB with windows closed. The limits were compared topredicted noise levels associated with the wind farm at various wind speed conditions, basedupon a worst case assumption and type of turbine.

The assessment indicated that the predicted internal noise levels will be below recognisedsleep disturbance levels at most properties and internal night time (sleep disturbance) levels atEvanstown are unlikely to reach 32dB with windows open (during wind speeds of 20mph+),which remains below the 'reasonable design' guidance.

In this case the proposed Fforch Nest Wind Farm must be considered along with thecontiguous Pant-y-Wal scheme for the purposes of calculating noise levels as for al intents andpurposes they will be operating as a single wind farm in noise terms. The Group ManagerPublic Protection has offered no adverse observations regarding the methodology and findingsof the noise assessment although there were some initial concerns regarding the impact onsome properties in Evanstown from the Pant-y-Wal scheme. However, this has been mitigated


Page 94com_rep

by the removal of turbine 14 and both wind farm developers have agreed to accept a noise limitof 37dB(A) or 2dB(A) above background noise limits. This will result in a cumulative noise limitof 40dB(A) which is within limits recommended in ETSU-R-97 and can be controlled by way ofplanning conditions.

The issues of 'aerodynamic modulation of wind turbine noise' and associated 'vibro-acousticdisease' has been raised by an objector. The term aerodynamic modulation (AM) indicatesaerodynamic noise from wind turbines, but with a greater than normal degree of regularfluctuation at blade passing frequency, typically once per second. Reference is made to areport by Salford University in 2007 on behalf of the then DTI, the aims of this study was toascertain the prevalence of AM on UK wind farm sites, to try to gain a better understanding ofthe likely causes, and to establish whether further research into AM is required. This included asurvey of local authorities with wind farms in their areas and further investigation of sites forwhich AM was identified as a factor.

The executive summary of this report states "The results showed that 27 of the 133 wind farmsites operational across the UK at the time of the survey had attracted noise complaints atsome point. An estimated total of 239 formal complaints have been received about UK windfarm sites since 1991, 152 of which were from a single site. The estimated total number ofcomplainants is 81 over the same sixteen year period. This shows that in terms of the numberof people affected, wind farm noise is a small-scale problem compared with other types ofnoise; for example the number of complaints about industrial noise exceeds those about windfarms by around three orders of magnitude. In only one case was the wind farm considered bythe local authority to be causing a statutory nuisance. Again, this indicates that, despite pressarticles to the contrary, the incidence of wind farm noise and AM in the UK is low".

The report goes on to say that "AM was considered to be a factor in four of the sites, and apossible factor in another eight. Regarding the four sites, analysis of meteorological datasuggests that the conditions for AM would prevail between about 7% and 15% of the time. AMwould not therefore be present most days, although it could occur for several days running oversome periods. Complaints have subsided for three out of these four sites, in one case as aresult of remedial treatment in the form of a wind turbine control system. In the remaining case,which is a recent installation, investigations are ongoing"

The then DTI saw fit to conclude that it would not fund any further investigation into theincidence of AM due to the relatively few incidents reported and the inconclusive resultspublished in the report. However, the objector has referred to the conclusion of the reportwhich states "The low incidence of AM and the low numbers of people adversely affected makeit difficult to justify further research funding in preference to other more widespread noiseissues. On the other hand, since AM cannot be fully predicted at present, and its causes are notfully understood we consider that it might be prudent to carry out further research to improveunderstanding in this area".

Notwithstanding this, the Government position remains that extant planning advice includingTAN8 and ETSU-R-97 should continue to be followed for the assessment of noise from windfarms.

Also, a small number of representations have been received, which also question the suitabilityof ETSU-R-97 in assessing noise in relation to wind farm proposals, these include articles fromtechnical journals and publications and an extract from the House of Lords Economic AffairsCommittee Inquiry into "The Economics of Renewable Energy". In this extract Dr. P A WBratby questions the use of ETSU_R-97 and central government policy on renewable energy.


Page 95com_rep

Members are advised that the planning determination procedure is not a suitable forum todiscuss the merits of nationally recognised advice and that the application should bedetermined in accordance with national and local policy. Furthermore there is no evidence thatthe issue of aerodynamic modulation of wind turbine noise and associated vibro-acousticdisease is a problem within this development and as such is not a material factor in thedetermination of this application.

5. ACCESS, TRANSPORTATION AND HIGHWAYS.

The main transport implications for this development will be associated with the movements ofcommercial vehicle heavy goods vehicles (HGVs) to and from the site during the constructionphase. Access to the site would be gained via the A4093, predominantly from M4 junction 34and the A4119, the routes form part of the strategic road network, and are already subject tofrequent HGV movements. The abnormal loads carrying turbine components would travel formthe west via M4 junction 36 and the A4061. The development will also require deliveries ofplant, equipment and roadstone for the access tracks, ready mixed concrete for turbine bases,and mobile cranes to erect the turbines. Once operational there would be minimal amount oftraffic associated with the maintenance and repairs. The access onto the A4093 will be directlyadjacent to Chapel House with the access track e positioned on higher ground approximately100m to the north of Cae Rosser and Cae Rosser Isaf and approx. 200m to the south ofPantycornant Farm. It is possible that these residential properties will experience somedisruption to amenity during the construction phase although this will be relatively short livedand during the operational phase there will be very little regular traffic. It is not considered thatthe impact on these dwellings is so significant so as to warrant refusal on these grounds.

These issues are covered in some detail in the ES which identified the following potentialeffects:

* Traffic would be generated over a 7 month period commencing with the delivery of plant inmonth 1; roadstone for access tracks and crane areas in months 2 and 3; concrete forfoundations in months 3-5; turbine delivery in months 4 5; and removal of plant in months 6-7.

* Maximum vehicle flows are anticipated in month 3, with an average of 125 trips (both ways) ondays not involving concrete deliveries. On 11 days spread throughout months 3, 4 and 5, whenconcrete is being delivered, flows would be 126 trips (both ways)

* During the maximum flows (month 3) the development would increase HGV traffic flows onthe A4093 by approximately 14%.

Mitigation measures would include the installation of wheel wash facility at the site entrance toavoid vehicles carrying mud onto the public highway, deliveries of abnormal loads to be timedfor quiet periods, with police escort if appropriate, specific travel routes and timed periods toand from the site to be defined for delivery vehicles and the implementation of a TrafficManagement Plan to regulate overall vehicle movements.

The Head of Street Scene has offered no highway objection subject to conditions. In aseparate response the Rights of Way Officer has submitted observations regarding theimplementation of the internal access tracks with regards to the rights of way network.

As referred to above, there are a number of environmental and visual concerns regarding theuse of two individual access routes to serve the Pant-y-Wal and Fforch Nest schemes. Aseparate application (P/08/962/FUL) for a joint access track has been submitted and is underconsideration at this Committee. This proposal intends to remove the need for two separate


Page 96com_rep

tracks to serve both wind farms and the need for a lengthy internal access link through theOgmore Forest to facilitate the proposal. This element of the scheme raises a number ofecological and visual issues as described above. If both wind farms applications and the jointaccess tracks are approved then each developer is prepared to enter a legal agreement thatwould preclude the use of the individual access tracks in their respective schemes. This is thepreferred option in the interests of visual amenity, ecology and highway safety and this isreflected in the recommendations of the individual reports. As it stands therefore the individualaccess for this proposal is not considered to be acceptable.

6 TOURISM

The impact of a development on the economy of the area including tourism may be regarded asa material planning consideration. In this case the ES has not identified any adverse impactsand has concluded that the area is not a major tourist destination.

The British Wind Energy Association (BWEA) has produced a report entitled 'The impact ofwind farms on the tourist industry in the UK' for the All-Party Parliamentary Group on Tourism inMay 2006. The report highlights a number of surveys undertaken with regard to the impact ofwind farms on tourism some of which are summarized as follows.

'Investigation into the potential Impact of Wind Farms on Tourism in Wales', forWales Tourist Board, 2003.

WTB commissioned NFO to carry out a study to establish the impact (both positiveand negative) that the existing/proposed/anticipated development of wind farms in Wales(onshore and offshore) is likely to have on tourism in Wales.

General reactions: 78% of all respondents had a neutral or positive view onwind farm development 21% had a negative view 68% would be interested in attending a visitorcentre at a wind farm development 68% said it would make no difference to their likelihood totake holidays in the Welsh countryside if the number of wind farms increased. Mostrespondents were in principle supportive of renewable energy and the development of windfarms in Wales. However, the general view was that wind farms should be very carefully sitedand not in areas which were deemed to be particularly sensitive to their development. Therewere variations in the explanation of what constitutes a 'no-go' area with some organisationsmore explicit than others in their definition. Nevertheless, there was general consensus thatthey should be located outside of designated areas (e.g. National parks and Areas ofOutstanding Natural Beauty, Sites of Special Scientific Interest) and in areas in which the visualand environmental impacts would be minimised.

'The Impacts of wind Farms on Tourism in Wales', a thesis undertaken for theWales Tourist Board (WTB) in 2001

Key conclusions:96% of the respondents would not be put off visiting Wales if more wind farmswere to be developed, almost 70% would visit a wind farm if an information centre was built.There is not a large difference in opinion on wind farms between people that have seen a windfarm during their stay and people who have not. Most people believe that their contribution torenewable energy outweighs their impact on the landscape.

Robertson Bell Associates, Taff Ely Residents Survey, December 1997.

It is generally felt by the majority of residents (68%) that the number of people visiting the areahas not been affected, but of those who thought there had been some effect, many more say


Page 97com_rep

that visitor numbers have increased (15%) than have decreased (1%).

Notwithstanding the above there appears to be a lack of recent empirical evidence that wouldsuggest that a wind farm would have either a negative or positive impact on tourism in an area.

In some appeal cases the Planning Inspector has not considered this aspect as a planningmatter. In the Public Inquiry into the Whinash wind Farm in 2005 the Inspector stated:

"Concerns have been expressed about the possible impact of the turbines on tourism; but,despite the construction of wind farms in various parts of the country, there is no cogentevidence to show a resulting reduction in visitor numbers. Indeed, Cornwall and Cumbria havethe largest concentration of wind farms of any of the counties in England, yet, in both cases, thenumbers of visitors attracted have increased since the turbines were erected ...... It should alsobe noted that some respondents to the survey undertaken for the Cumbria Tourist Boardconsidered that the wind farm would be an additional attraction."


The Group Manager Countryside and Tourism has not offered any adverse observations on theproposals, but comments that "The case for renewable energy in UK is, without doubt, worthyof support. However, this support has to be tempered by balancing the visual impact andresultant impacts on the economy and tourism in a local area." Reference is made to researchcarried out by Visit Scotland on the effect of wind development on tourism. The reportconcludes that over three quarters of respondents were either supportive or neutral towardswind farm development. Further to this the Welsh Tourist Board has issued a policy statement(2004) regarding onshore wind as follows:

'The Wales Tourist Board considers the introduction of commercial wind turbines and windturbine power stations in primary designated areas to be inappropriate unless it can bedemonstrated that because of their setting, design and scale, the proposals will have noadverse impact on the landscape.

The Wales Tourist Board will not support proposals for development on sites that are highlyvisible from designated areas if they are inappropriate in terms of scale, design and setting.Elsewhere, proposals should demonstrate that there will be no detrimental effect on tourism.'

Designated areas are defined as National Parks and Areas of Outstanding Natural Beauty. Itshould be noted that the policy statement was issued prior to the introduction of TAN 8 and thedesignation of Strategic Search Areas. In this case (as referred to above) it is not consideredthat there will be any adverse impact in terms of landscape or visual amenity and the site is notreadily visible from any designated areas.

It should also be noted that the adopted UDP Policies 10, TM1, and RC10 (12 & 13) and TM1are generally 'promotional' in their character; the adopted UDP does not contain a policy, assuch, to protect existing rural tourism in the County Borough, whereas Policy RC3 offers


Page 98com_rep

protection to existing or proposed formal or informal recreational facilities against developmentwhich would adversely affect them. Therefore, it is considered that the proposals are in accordin principle with the adopted UDP Policies quoted above.

7. SHADOW FLICKER

Shadow flicker is a phenomenon that describes the effects of rotating wind turbine bladescasting moving shadows that can cause a flickering effect affecting residents living nearby.Shadow flicker occurs when a particular combination of conditions coincide in specific locationsat particular times of the day and year. It happens when the sun is low in the sky and shines ona building from behind a turbine rotor. This can cause the shadow of the turbine blades to becast onto the building, which appears to flick on and off as the turbine rotates. When thisflicking shadow is viewed through a narrow opening it is known as shadow flicker.

Shadow flicker only occurs in relative proximity to sites, if a person is stationary in a building, forexample, shadow flicker can result in a momentary reduction of the intensity of natural light. Ifthe regular changes in light intensity levels are high, then the shadow flicker may cause anuisance. The distance between a wind turbine and a potential shadow flicker receptor affectsthe intensity of the shadows cast by the blades, and therefore the intensity of flickering.Shadows cast close to a turbine will be more intense, distinct and 'focused'. This is because agreater proportion of the sun's disc is intermittently blocked. Similarly, flickering is more intenseif created by the area of a blade closer to the root and further from the tip. At a distance of 10rotor diameters (equivalent to 400 to 800 metres) a person should not perceive a wind turbineto be chopping through sunlight, but rather as an object with the sun behind it. This limits thezone of potential shadow flicker and normally there are no habitable buildings in these zones.

Developers can calculate the extent of this effect using the geometry of the machine and thelatitude of the potential site. A shadow's intensity falls with increasing separation distance non-linearly, and more rapidly at first, while the human response to light levels is also non-linear. Forexample, during a solar eclipse or at sunset, a large proportion of the sun must be blockedbefore a perceptible change in light level occurs. This further reduces the perception of shadowflicker.

The ES has concluded that there would be no adverse effect in terms of shadow flicker due tothe distance of the properties from the turbines. However, if it is experienced then it would bepossible to turn off the offending turbine at appropriate times of the day.

It is not considered therefore that this issue would result in an adverse impact on nearbyresidential properties

8. ELECTROMAGNETIC INTERFERENCE.

Wind turbines can cause electro-magnetic interference (EMI) in two ways:Interference that 'scatters' signals and can lead to a phenomenon called 'ghosting' on televisionscreens and interference, caused to communications equipment, such as mobile phones.

Where interference to television reception is predicted developers are frequently required toenter into legally binding agreements to rectify any problems. In the majority of casesdevelopers have been able to remove the interference. Interference on communication systemsare considered to be negligible as these are more easily avoided by the wind farm designfollowing consultation with the relevant bodies.


Page 99com_rep

In this case the ES has not identified any adverse impacts and has indicated that extensiveconsultation had been carried out with organisations that may be affected by electromagneticinterference with no objections received. The applicant has confirmed that any problemsencountered will be addressed and rectified although any impact on analogue TV signals will beshort lived as the UK moves over to a digital service. Whilst wind turbines can also affect digitalsignals, the absence of any objections from the providers would suggest that this will not be anissue in this area.

9. GEOLOGY, GROUND AND SURFACE WATER

The issue of ground instability has been raised in the objections. Planning Policy Wales, para13.5.1 indicates that the responsibility for determining the extent and effects of any groundinstability or risk rests with the developer. It is therefore for the developer to ensure that theland is suitable for the development proposed. Policy UNS1 of the UDP is also relevant.

In this case the ES indicates that the study area contains clay and peat in certain areas,overlying a bedrock of Pennant Sandstone. The sandstone is underlain by the Coal Measures,which have undergone mining beneath the site. The site lies within a minor aquifer(groundwater storage area) associated with the Coal Measures, but no ground waterabstraction licences exist within the study area. Surface water from the study area drains viatributaries into the Ogwr Fach. The Dyfolog recorded land slip site lies approximately 300m tothe west of Evanstown but does not lie within the site itself. It should be noted that the ES forthe adjacent Fforch Nest scheme has identified a number of geological faults in the area thatmay impact on that scheme. However, as the applicant has indicated that suitable groundinvestigation reports will be undertaken prior to development this is not considered to be anissue in this case.

The potential effects of the development are indentified as in the ES as follows:

* Geological constraints i.e. the occurrence of peat (bog) within the study area, potential forinstability associated with previous mining, and the presence of steep slopes and potential forlandslip.

* Surface water effects arising from increased run-off during construction of access track andexcavation of turbine foundations.

* The potential for spillage of concrete residues and fuel.

* Drainage /interference of near surface ground water table during excavations.

In overcoming these concerns the applicant has designed the layout of the turbines in order tominimise potential geological and surface/ ground water effects. The presence of peat andmarshy ground has resulted in the relocation of certain turbines and the realignment of theaccess track and excavations will be positioned away from known peat /boggy areas. Themined areas were considered to be at sufficient depth to minimise impact on ground surface.Boreholes will be sunk at each turbine location in order to confirm ground conditions andfoundation design. Any shallow mine entries alongside the access track will be assessed aspart of the access road construction. All turbines will be located at sufficient distance from steepslopes to avoid any stability issues. There would be designated areas to be identified for fuelstorage and concrete truck washout.

No adverse observations have been received from the Environment Agency. It is considered


Page 100com_rep

therefore that the implementation of specific mitigation measures during the construction phasewill ensure that any impacts will be minor and quickly controlled, with no significant negativeimpact. Furthermore there are no identified landslip sites recorded within the boundaries of theapplication site.

10. ARCHAEOLOGY

As part of the EIA a desk based assessment(DBA)and field investigation has been carried outwith respect to the archaeological resource within and around the site. An assessment of theeffects on the development on any Historic Landscape Areas (HLAs) was carried out. Thepreservation of an ancient monument is a material consideration in the determination of aplanning application as indicated in Chapter 6 of the Planning Policy Wales. Policies EV43 andEV44 of the UDP are also relevant.

The study indicated that there are no designated sites of archaeological importance within thestudy area. However, two Bronze Age cairns lie within the study area, with a further 12 cairns inthe wider locality. The DBA also identified a further 10 features of cultural heritage interestwithin the study area, including 7 'boundary stones'. Six of those 10 features could not belocated during the field survey, and may no longer exist. Although the application site liesoutside the boundaries of defined HLAs, there are 8 defined HLAs in the general locality. Oneof which 'Rhonnda Fawr' lies close to the northern boundary of the application site.

The report concluded that the turbines will have a visual effect on the setting of the two cairns,and on other features (if still present). However, the development would not reduce the value ofthe historic landscape as there would be no direct impact on the HLAs and any indirect impactwould be slight. None of the 12 cultural heritage features identified within the study would bedirectly affected by the development. The potential for unknown below ground archaeology wasconsidered to be low.

The Glamorgan Gwent Archaeological Trust Ltd (GGAT) concurs with the conclusions of theES and has not offered any objections to the proposal. However, two conditions are suggestedwhich would ensure that any unknown archaeological features located during the developmentare fully recorded and would implement protection measures for existing features.

As referred to above an ASIDOHL has been carried out and CADW has not raised anyobjections to the development in the context of the historic environment. It is not consideredthat the development raises any other issues in this respect and subject to conditions will notgive rise to any adverse impact on any features of archaeological or historic importance.

11. RADAR AND AIR TRAFFIC CONTROL

Wind turbines may potentially have an impact on aviation activities, typically on radar systemsor on low flying. The Ministry of Defence (MoD), Civil Aviation Authority (CAA) and National AirTraffic Services (NATS) have a statutory duty to safeguard certain sites and airspace fromradar interference in the interests of national security and for the safe operation of passengerand military aviation - this duty was restated in the 2003 Energy White Paper. The MoDsubmits holding objections to all wind energy proposals within line of sight of air defence radars,unless the developer can provide evidence that it will have no impact on the radars. Anyproposals within tactical training areas are also likely to raise objections. If a site falls within 30km of a safeguarded aerodrome, the CAA generally devolves responsibility for safeguardingairspace to the aerodrome in question. In this case Cardiff Wales Airport is more than 30km


Page 101com_rep

from the edge of the site.

The developer has consulted voluntarily with these bodies before the formal planningapplication was submitted in order to identify any issues. The MOD and NATS have also beenconsulted as part of the application and no objections have been raised.

CONCLUSION

National policy advocates the provision of wind farms to achieve targets for renewable energyprovision, which is an important component of the UK's energy policy. TAN 8 seeks to achievethis by giving guidance on the locations and targets for specific areas. Development Planpolicies also encourage renewable energy production providing any impacts are consideredacceptable.

There can be no doubt, that this development will have a visual impact on the landscape, bothfrom local settlements and surrounding areas. However, the fact that the wind turbines will bevisible is not, in itself, a reason for refusal and TAN 8 states that land within and adjacent to theSSAs will experience a significant change in landscape character. This proposal (and theneighbouring Fforch Nest wind farm scheme submitted under P/06/1080/FUL) lies entirelywithin the boundaries of Strategic Search Area (SSA) F and all but 3 turbines of the proposalare located within the refined SSA as outlined in the ARUP report referred to earlier. Theassessment carried out by TACP for the Council has not identified any major concerns in termsof visual or landscape effects. The report has also indicated that there is sufficient capacity inthis area although any future proposals within the vicinity of the site will require carefulconsideration.

Whilst there are no highway safety objections to the proposed individual access track, the lowerroute of which is similar (but not identical) to that proposed under application P/08/962/FUL forthe joint access track, there is considerable concern that the access link between the twoelements of the scheme raises unacceptable ecological and landscape issues.

It is considered that this application together with the Fforch Nest scheme and joint accesstrack proposal are acceptable subject to the conditions and clauses set out below. However, ifMembers were minded to approve this proposal in isolation to the other applications thenadditional conditions and changes to the heads of terms of the legal agreements will berequired.

Subject to the conditions and legal agreement, the proposal is considered to be in accord withnational and local policy and will make a significant contribution to national wind power targets.Any adverse impacts that have been identified will mainly be short term and can be addressedby suitable mitigation measures.

In reaching the recommendation below, the Authority has taken regard to the environmentalinformation submitted within the Environmental Statement, the comments of statutoryconsultees on the information supplied, and the comments/observations provided by membersof the public. In addition, all relevant European directives, legislation and regulations have beentaken into consideration.



Page 102com_rep

1

2

3

4

The permission hereby granted shall endure for a period of 25 years from the datewhen electricity is first exported from a wind turbine within this site, to the electricity gridnetwork ('First Export Date'). Written confirmation of the First Export Date shall beprovided to the Local Planning Authority within 1 month of the First Export Date.

Reason: In recognition of the expected lifespan of the wind farm and in the interests ofsafety and amenity once the plant is redundant (Policy U2 & U3 of the UDP).

Not later than 12 months before the expiry date of this permission, a decommissioningand site restoration scheme shall be submitted for the written approval of the LocalPlanning Authority. Such scheme will include the management and timing of works anda traffic management plan to address highways issues during the decommissioningperiod. Full restoration of the wind farm site shall be completed within 24 months ofthe expiry date of this permission and the site shall be decommissioned in accordancewith the scheme.

Reason: In the interests of visual amenity and landscape protection and in the interestsof safety and amenity (Policy U2 & U3 of the UDP).

If any wind turbine fails to produce electricity to the grid for a continuous period of 12months and, if so instructed by the Local Planning Authority, the wind turbine and itsassociated ancillary equipment shall be removed from the site within a period of 6months from the end of that 12 month period unless otherwise agreed in writing by theLocal Planning Authority.

Reason: In the interests of visual amenity and to ensure that the turbines produceelectricity whilst in situ and that they are removed from the land if they cease to function(Policy EV45 of the UDP.

No wind turbine shall be erected and no external transformer unit (if any) installed untildetails of the make, model and external appearance (including colour and surfacefinish) of the wind turbines and unit transformer housing (if any) have been submitted toand approved in writing by the Local Planning Authority. The development shall be

(1) To access the Pant Y Wal Wind farm solely by the Joint Access (Ref P/08/962/FUL)

(2) Not to implement the construction or use of the access and access track approved underplanning application P/06/417/FUL

(3) Provide a Financial Security to ensure that decommissioning Works are carried followingCessation of Operation of the development.

(4) Minimise and reduce interference that the operation of the wind farm may cause todomestic television reception



Page 103com_rep

5

6

7

8

9

10

11

carried out in accordance with the approved details.


All wind turbines blades shall rotate in a clockwise direction.


The overall height of the wind turbines shall not exceed 115m to the tips of the turbineblades.


Notwithstanding any design or colour approved by the Local Planning Authoritypursuant to condition 4, all wind turbines shall be of a 3 bladed configuration and shallbe of a semi-matt finish and shall not display any prominent name, sign, symbol or logoon any external surfaces unless otherwise agreed in writing by the Local PlanningAuthority.


The turbines shall not be illuminated and there shall be no permanent illumination onthe site unless otherwise agreed in writing by the Local Planning Authority.


Subject to the allowance for micro-siting provided in this condition, the turbines shall beerected at the coordinates indicated on the approved layout plan referenceA025062\PYW02R(B) dated June 2009. Variations to the indicated position of anyturbine(s) shall be permitted by up to 30 metres in any direction. A plan showing theposition of the turbines as built shall be submitted within one month of the First ExportDate.

Reason: To comply with the environmental assessments undertaken of the proposeddevelopment and to take account of local environmental conditions.

All cabling within the site shall be installed underground except where it exits thesubstation.

Reason: In order to safeguard the amenity of the landscape (Policy EV45 of the UDP)

Construction of the sub station shall not commence until exact details of the


Page 104com_rep

12

13

14

dimensions, appearance and external finishes of the building and the fencing andsurface finish of the compound have been submitted to and approved in writing by theLocal Planning Authority. The development shall be constructed in accordance with theapproved details.

Reason: In the interests of visual amenity (Policy EV45 of the UDP).



(Policy T2 of the UDP)

Notwithstanding the provisions of condition 12 and 28, delivery of turbine and cranecomponents may take place outside the hours specified subject to not less than twoworking days prior notice of such traffic movements being given to the Local PlanningAuthority and such deliveries first being approved in writing by the Local PlanningAuthority.

Reason: In the interests of highway safety and the free flow of traffic (Policy T2 of theUDP).

No development shall take place until a Construction Method Statement ('the CMS')hasbeen submitted to and approved in writing by the Local Planning Authority. Thereafter,the construction of the development shall only be carried out in accordance with theapproved Construction Method Statement, unless otherwise agreed in writing by thelocal planning authority. The Construction Method statement shall address thefollowing matters;

* Dust management* Temporary site illumination* Details of the phasing of construction works and the construction and surfacetreatment of all hard surfaces and tracks * Fuel and chemical storage: measures to ensure any fuel or chemicals from plant donot cause pollution* Environmental management: identification of mechanisms to ensure awareness ofrelevant environmental issues during pre-construction, construction and pre-decommissioning including details of emergency procedures/pollution response plans* Track construction: including the laying of underground cables alongside tracks,materials proposed and track reinstatement* Pollution control: protection of water courses and ground water and soils, bunding of


Page 105com_rep

15

16

17

fuel storage areas, sewage disposal and discharge of foul drainage including proposalsfor off-site water quality monitoring* Exclusion fences: including marking off a buffer zone of at least 20m between theedge of watercourses and any proposed works* Location and details of wheel washing facilities* Cleaning of site entrances and the adjacent public highway and the sheeting of allHGVs taking spoil or construction materials to/from the site to prevent spillage ordeposit of any materials on the highway* Details of the proposed temporary site compounds for storage of materials,machinery and operatives parking within the sites clear of the highway, and therestoration of the sites of the compounds within 12 months of the first commercialgeneration of the wind farm, to include the siting of the temporary buildings and allmeans of enclosure, oil/ fuel and chemical storage and any proposals for temporarylighting* Details of post-construction restoration/reinstatement of temporary working areas,including seed mixture* Construction noise management plan. The plan shall include identified accessroutes, locations of material lay-down areas, details of equipment to be employed,operations to be carried out, mitigation measures and scheme of noise monitoring* Vibration control* Details of turning facilities for all vehicles

Reason: In the interests of environmental protection and the minimisation of likelysignificant environmental effects.

Any facilities for the storage of oils, fuels or chemicals shall be sited on imperviousbases and surrounded by impervious bund walls. The volume of the bundedcompound should be at least 110% of the capacity of the tank. If there are multipletanks, the bunded compound should be at least equivalent to the capacity of the largesttank plus 10%. All filling points, vents, gauges and sight glasses shall be located withinthe bund. The bund shall be sealed with no discharge to any watercourse, land orunderground strata. Associated pipework shall be located above ground and protectedfrom accidental damage. All filling points and tank overflow pipe outlets shall bedetailed to discharge downwards into the bund.

Reason: To prevent pollution of the water environment (Policy EV17 of the UDP).

Should any contaminated material be observed (visual or olfactory), which has notbeen previously identified, then no further development (unless otherwise agreed inwriting with the local planning authority) shall be carried out until the developer hasundertaken a site investigation to determine the nature and extent of the contamination.In the event that contamination is confirmed the developer must liaise with the localplanning authority on measures required to protect surface water and groundwaterinterests. This may include undertaking a risk assessment and derivation ofappropriate remedial targets.

Reason: To protect the quality of controlled waters in the area (Policy EV17 of theUDP).

Nothing other than uncontaminated materials suitable for use shall be tipped on the


Page 106com_rep

18

19

20

21

22

23

site.

Reason: To prevent pollution on the water environment (Policy EV17 of the UDP).

No development shall take place until a surface water management plan coveringwater treatment and the means of drainage from all hard surfaces and structures withinthe site and accesses to the local highway network has been submitted to andapproved in writing by the Local Planning Authority and thereafter implemented. For thepurposes of this condition, 'hard surfaces' includes access tracks within the site, thesubstation compound, temporary construction and laydown areas, turbine pads andcrane pads. The details to be submitted shall indicate the means of protectinggroundwater and diverting surface water run off.

Reason: In the interests of protecting groundwater resources and preventing pollution(Policy EV17 of the UDP).

No development approved by this planning permission shall be commenced until amethod statement has been submitted to the Local Planning Authority detailing thepollution prevention measures that would be put in place to minimise impacts on thewater environment.

Reason : To ensure that the development complies with approved details in theinterests of protection of Controlled Waters (Policy EV17 of the UDP).

No development shall commence until a scheme for the protection of Rights of Wayhas been submitted to and approved in writing by the Local Planning Authority. Such ascheme shall include * measures to prevent flooding on footpaths from the wind farm access track;* measures to make good any damage should flooding ever occur;* details of any fencing proposed along the access track;* the provision of stiles at appropriate locations along any fenced sections of the track. Development shall be carried out in accordance with the approved scheme unlessotherwise agreed in writing by the Local Planning Authority.


No barbed wire shall be used along the access track.

Reason: To protect the amenity of walkers and other users of the rights of way.

No development shall take place until a scheme for the Waymarking of alternativeroutes within the wind farm has been submitted to and approved in writing by the LocalPlanning Authority. The scheme shall be implemented as approved.


No development shall take place until the applicant, or their agents or successors intitle, has secured the implementation of a programme of archaeological work in


Page 107com_rep

24

25

26

27

28

accordance with a written scheme of investigation which has been submitted by theapplicant and approved in writing by the Local Planning Authority.


No development shall commence until the archaeological sites identified as being in thedevelopment area in the environmental statement have been fenced to a standardagreed with the local planning authority. Throughout the development no works will beundertaken within the area surrounded by the fencing without the written consent of theLocal Planning Authority.


No development shall commence until the monuments within the application site havebeen fenced to a standard agreed with the Local Planning Authority. Throughout thedevelopment no works will be undertaken within the area surrounded by the fencingwithout the written consent of the Local Planning Authority.

Reason: in order to ensure that accidental damage is not caused to the monuments(Policy EV44 of the UDP).

No development shall take place until a scheme for the replanting of any hedgerows orboundary planting removed for the proposed access during construction has beensubmitted to and approved in writing by the Local Planning Authority. The schemeshall be implemented as approved. Development shall be carried out in accordancewith the details.

Reason: For the protection of nature conservation interests and in the interests ofvisual amenity (Policies EV20 and EV45 of the UDP).

No development shall take place until a landscape and ecological management,mitigation and monitoring plan has been submitted to and approved in writing by theLocal Planning Authority. The plan shall be implemented in accordance with the detailsand programme approved.

Reason: To protect and encourage habitats in the interests of biodiversity and visualamenity (Policies EV20 and EV45 of the UDP).

Construction work shall only take place between the hours of 07:00 - 19:00 on Mondayto Friday inclusive, 07:00 - 13:00 hours on Saturdays with no such working on aSunday or local or national public holiday. Outside these hours, development at thesite shall be limited to emergency works and dust suppression, unless otherwiseapproved in writing by the Local Planning Authority. The receipt of any materials orequipment for the construction of the site, other than turbine blades, nacelles, andtowers, is not permitted outside the said hours, unless otherwise approved in writing bythe Local Planning Authority having been given a minimum of two working days notice


Page 108com_rep

29

30

31

32

33

of the occurrence of the proposed event



The rating level of noise immissions from the combined effects of the wind turbines(including the application of any tonal penalty), when calculated in accordance with theattached Guidance Notes, shall not exceed the values set out in the attached Tables.Each of these values shall apply to all of the properties falling within the respectiveareas shown on the attached plan unless otherwise agreed with the Local PlanningAuthority. Noise limits for any property which lawfully exists at the date of this consentbut which is not covered by any of the areas shown on the plan attached shall be thoseof the nearest area shown on the plan unless otherwise agreed with the Local PlanningAuthority.


At the request of the Local Planning Authority, following a complaint to it about noiseimmissions from the wind farm, the operator of the wind farm shall, if requested shutdown the turbines and at its expense, employ a consultant approved by the LocalPlanning Authority, to measure, assess and report to the Local Planning Authority thelevel of noise immissions from the wind farm at the property to which the complaintrelates (the 'complainant's property') following the procedures described in the attachedGuidance Notes.


Wind speed, wind direction and power generation data for each wind turbine shall becontinuously logged and provided to the local planning authority at its request and inaccordance with the attached Guidance Notes within 28 days of such request.

Reason: In the interests of the amenities of the area(Policy EV27 of the UDP).

Notwithstanding the provisions of conditions 29-31, the wind farm operator shallundertake measurements of noise levels using an appropriately qualified noiseconsultant during the first year of the operation of the wind turbines in a scheme to beagreed by the Local Planning Authority to demonstrate that compliance with the noiselevels in condition 29 are being met. The data produced in accordance with the schemeshall be forwarded to the Local Planning Authority within 28 days of the measurementsbeing undertaken.


Prior to the commencement of construction of any turbine, a scheme shall be submittedto and approved in writing by the local planning authority to alleviate any shadow flickerat any residential property. The scheme shall be implemented as approved.

Reason: In the interests or residential amenity.


Page 109com_rep

P/06/1356/OBS

NPOWER RENEWABLES LTDPER RHONDDA CYNON TAF B C SARDIS HOUSE SADIS ROADPONTYPRIDD CF37 1DU

LAND AT MYNYDD PWLLYRHEBOG SOUTH OF CLYDACH VALE /NORTH WEST OF GILFACH GOCH PORTH RHONDDA CYNON TAF

ERECT 7 WIND TURBINES TO FORM PART OF THE FFORCH NESTWIND FARM ~ WITH ASSOC TRACKS MASTS & EXTRA BRIDLEWAY

26th October 2006

ITEM: 4

REFERENCE:

APPLICANT:

LOCATION:

PROPOSAL:

RECOMMENDATION : NOOBJECTION

RECEIVED:

Notified on 31st October 2006


34 The proposed anemometer mast shall be erected in the position shown on theapproved site layout plan unless agreed in writing by the Local Planning Authority.

Reason: For the avoidance of doubt


The proposal is recommended for approval as it is considered to be in accord with national andlocal policy and will make a significant contribution to national wind power targets. Any adverseimpacts that have been identified will mainly be short term and can be addressed by suitablemitigation measures.



The developer is advised to discuss the scope and content of the landscape and ecologicalmitigation plan with the local planning authority as required by condition 27.


Page 110com_rep

The proposal is a full application for the erection of 7 wind turbines as part of the Fforch Nestwind farm scheme. The application has been submitted to RCT CBC as the site is locatedwithin that administrative district. BCBC has been consulted as a neighbouring authority. Thedetermination of this application and any conditions or agreements attached thereto areincumbent on RCT.

Separate application for 4 turbines and a joint access track have been submitted to BCBCunder applications P/06/1080/FUL and P/08/962/FUL respectively. These applications are alsounder consideration at this Committee and detailed descriptions provided in the respectivereports.

The wind turbines will have a tip height of 115m. The closest turbine to Evanston will be No.9at approximately 2km.


RELEVANT HISTORY

PUBLICITY

NEGOTIATIONS

None

Group Manager RegenerationThere are varying views on the impact of windfarms on tourism and there is no definitiveresearch thus no firm view can be given on the effects of windfarms on tourism at this stage.


All publicity carried out by RCT



None

APPRAISAL

Members will be aware of the concurrent applications Nos. P/06/417/FUL, P/06/1080/FUL, andP/08/962/FUL, with respect to the proposed wind farms at Pant-y-Wal and Fforch Nest (andtheir proposed Joint Access Track) that are also being considered at this Committee.

None

None

All consultation carried out by RCT.


Page 111com_rep

In view of the proximity of the wind farm proposals the above applications should be consideredtogether with that part of the proposed Fforch Nest Wind Farm which is located within theneighbouring Rhondda Cynon Taf area when assessed in principle. This is bearing in mind thatthe combined effect of the proposals amounts in fact to a single large scale wind farmcomprising 21 wind turbines when viewed in its proper physical, environmental, landscape, andvisual context.

It is a matter for RCT to consider those elements of the wind farm proposals in the context oftheir own current planning policies/national planning policies pertinent to the part of the FforchNest wind farm that falls within that district or in regard to its wider context.

However, the relative merits of those proposals within the BCBC area have been discussed insome detail in the relevant reports and recommendations. Also, a detailed landscape and visualassessment has been commissioned by the Council, which has not identified any majorconcerns in this subject area. It is not considered that there will be any adverse impact on anysettlements or properties within the BCB area. Any issues in terms of noise and traffic can becontrolled by way of conditions and or legal agreements.

RCT have not objected (subject to conditions)to the Pant-y-Wal wind farm (P/06/417/FUL) andthe element of Fforch Nest within the BCBC area (P/06/1080/FUL).

It is recommended that no objections be offered to RCT although in view of the trans-boundarynature of the site and development it is also considered that suitable joint noise monitoringconditions be added to any consent should RCT be minded to approve the application.

CONCLUSION

It is not considered that there will be any adverse impact on the Bridgend County Borough area.

RECOMMENDATIONThat Rhondda Cynon Taff County Borough Council be informed that the County BoroughCouncil has NO OBJECTION to this proposal although the following conditions are suggested.

1. The rating level of noise immissions from the combined effects of the wind turbines(including the application of any tonal penalty), when calculated in accordance with theattached Guidance Notes, tables and plan,(Appendix C) shall not exceed the values set out inthe attached Tables. Each of these values shall apply to all of the properties falling within therespective areas shown on the attached plan unless otherwise agreed with the local planningauthority. Noise limits for any property which lawfully exists at the date of this consent butwhich is not covered by any of the areas shown on the plan attached shall be those of thenearest area shown on the plan unless otherwise agreed with the local planning authority.

2. At the request of the local planning authority, following a complaint to it about noiseimmissions from the wind farm, the operator of the wind farm shall if requested shut down theturbines, and at its expense, employ a consultant approved by the local planning authority, tomeasure, assess and report to the local planning authority the level of noise immissions fromthe wind farm at the property to which the complaint relates (the 'complainant's property')following the procedures described in the attached Guidance Notes.

3. Wind speed, wind direction and power generation data for each wind turbine shall be


Page 112com_rep

continuously logged and provided to the local planning authority at its request and inaccordance with the attached Guidance Notes within 28 days of such request.

Documents

PLANNING AND DEVELOPMENT COMMITTEE …...PLANNING AND DEVELOPMENT COMMITTEE MEETING - 27TH AUGUST 2009 i. Where appropriate, in order to make the development accessible for all those