Welsh Government approves wind farm despite opposition of some of its own civil servants

Martin Shipton

Changes to the Welsh Government’s planning policy have resulted in permission being granted for a hugely controversial wind farm that was opposed by some of its own civil servants.

Rebecca Evans, the Cabinet Secretary for Economy, Energy and Planning, agreed with a planning inspector that Bute Energy should be allowed to build Twyn Hywel Energy Park at Senghenydd, near the border between Caerphilly and Rhondda Cynon Taf county boroughs.

The wind farm will consist of 14 turbines, generating 92.4MW of energy – enough to power the equivalent of 81,000 homes every year. It’s the first of 16 onshore wind projects across Wales proposed by the company.

Peat conservation

But the head of the Welsh Government’s Peatland, Soil, and Agricultural Land Use planning team lodged a formal objection to Bute’s plan, saying it would contravene the Welsh Government’s peat conservation policy.

In her Decision Notice on the Twyn Hywel application, Ms Evans states: The main considerations identified by the Inspector are the effect on the landscape character and visual amenity of the area; the effect on the ecology of the area; the effect on historic assets and their settings; and whether any harm identified in relation to the foregoing considerations is outweighed by the benefits of the scheme, particularly its contribution to renewable energy generation and combating the effects of climate change.”

Ms Evans states that both Natural Resources Wales (NRW) and Caerphilly council disagree with the conclusions of the applicant’s landscape character assessment and consider the effects would be more widespread.

Superseded

She adds: “However, the Inspector notes the council’s Landscape Study has been superseded by Policy 17 in [the Welsh Government] policy document Future Wales (FW). The site is located within a Pre-Assessed Area (PAA) for the purposes of Policy 17 of FW, an area where the likely impact of wind energy proposals has already been modelled. The Inspector notes Policy 18 omits any test in respect of landscape impacts for wind energy proposals located in PAAs.

“Whilst recognising NRW’s concerns regarding the impact of the proposal on Bannau Brycheiniog National Park (BBNP), having weighed the evidence and visited the site and viewpoints, the Inspector considers the impact on BBNP and its special qualities would be minor and not significant.”

In terms of visual impact, Ms Evans states: “The Inspector notes there would be significant visual effects during both construction and operational stages from some of the local communities within 5km of the proposed turbines. The Inspector concludes there would be significant adverse visual impacts which would be most severe in parts of Senghenydd and these significant impacts weigh against the proposal.

“However, the Inspector states these effects would not be unexpected for a development of this scale in the type of landscape associated with PAA. The Inspector considers the acceptability of this impact is a matter of planning judgement and balance.

“The Inspector states none of the properties or property groups within 2km of the proposed turbines would become an unpleasant place to live, the relevant test in relation to residential visual amenity.

“The Inspector accepts there would be an adverse and significant effect on landscape character around the site, and a limited impact from certain views within the National Park. The Inspector also notes there would be significant impact on visual amenity from sensitive receptors, especially those properties and settlements closest to the site. Despite some conflict with the aims of certain policies in the Caerphilly County Borough Local Development Plan (LDP) and the Rhondda Cynon Taff LDP, the Inspector notes FW provides the most recent expression of development plan policy.

“The Inspector concludes the proposal would be consistent with the thrust of the development plan overall to support wind energy development, whilst recognising the adverse impacts locally on landscape character and visual amenity.”

Addressing the concerns about peat, the Inspector states that the proposal largely avoids areas of peat and impacts on soils subject to securing the Peat Management Plan (PMP), Habitat Management Plan (HMP) and Construction Environmental Management Plan (CEMP) by condition.

Minor impact

Ms Evans says: “The Inspector notes there are two outstanding areas where peat would be affected by the development – the hardstanding associated with Turbine 10 and part of the northern access track. The Inspector considers the evidence demonstrates there would be a very minor localised impact on peat which leads them to conclude Step 1b) of the step-wise approach set out in Chapter 6 of Planning Policy Wales does not apply.

“In terms of the step-wise approach the Inspector is satisfied steps 1, 2 and 3 have been complied with as far as possible. The Inspector also notes the PMP would secure mitigation measures during construction, the HMP secures habitat enhancement and the ES identifies a low to negligible risk of peat slide across the development area.”

Turning to the impact of the project on protected sites, Ms Evans states: “The Inspector is satisfied there is no likely significant effect on statutorily designated sites. In terms of local designations the development is located within the Mynydd Eglwysilan Site of Importance for Nature Conservation (SINC). The Inspector considers the amount of habitat loss has been minimised as far as possible and the step-wise approach has been followed.

“The Inspector also notes NRW and the local planning authorities have raised no concerns regarding the effect of the proposal on the SINC. “Subject to securing mitigation measures by planning condition the Inspector is satisfied there would not be a significant adverse effect on bat species. A dormice conservation plan would be secured by planning conditions.

“No significant effects on birds are predicted. The Inspector notes the applicant proposes habitat enhancement that would benefit birds and the application proposes clearance of non-native plantation forestry to create habitat suitable for nightjar.

“Whilst several trees would be lost as a result of the development, replacement tree planting would be secured by planning conditions.

“The Inspector is satisfied that the net benefit for biodiversity would be secured through the Habitat Management Plan (HMP). The Inspector concludes that the proposal, with mitigation, would avoid any unacceptable adverse impacts on protected sites and species, trees, habitats and biodiversity in general.

“A net benefit for biodiversity would be secured through the implementation of the HMP. The Inspector is satisfied the applicant has control over the necessary land to secure these outcomes and the proposal accords with the development plan.”

Cultural heritage

In terms of the impact on cultural heritage, including buried archaeological remains, Ms Evans states: “On this matter the Inspector concludes the proposal would have moderate (significant) adverse effects on the setting of Caerphilly Castle and Llanbradach Fawr and its associated listed barn and range. The effects on other heritage assets, after mitigation, would be at most minor and not significant. The Inspector states the identified adverse effects mean the proposal would be in conflict with the statutory test in section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and national planning policies. The scheme would also conflict with key objectives in the Caerphilly County Borough Council and Rhondda Cynon Taff Local Development Plans.”

Outlining the merits of the scheme, Ms Evans states: “The benefits of the scheme including CO2 savings, contribution to the Welsh Government’s targets for renewable energy generation, and employment opportunities are summarised in [the Inspector’s report].”

The Inspector recommended that planning permission be granted. Ms Evans concludes: “I agree with the Inspector’s appraisal of the main considerations, and I am satisfied the significant weight that decision makers are required to give to the need to meet the Welsh Government’s renewable energy targets, as set out in FW Policy 17, outweighs any adverse impacts. In this context and taking account of the Inspector’s planning balance and overall conclusions, I accept the recommendations.”

Landmark

Responding to the decision, Stuart George, the managing director of Bute Energy, said: “Onshore wind represents the cheapest, cleanest, and quickest route to generating clean energy and ending our reliance on fossil fuels.

“The decision by the Welsh Government is a landmark decision for Wales. It says that Wales is serious about the energy and climate crises, and serious about economic growth.

“Wales is primed to lead and benefit from the shift to renewable energy, through significant direct investment, new jobs, and investment in local communities.

“Bute Energy has the largest programme of onshore wind projects in Wales. We’re committed to creating a lasting legacy of skills, opportunities and investment for Wales. Our Community Benefit Fund, our skills work, and our innovative approach to working with communities will help us in our mission to keep as much of the investment in Wales as possible.”