Wind farm developer may be forced to pay upfront turbine removal costs

Twm Owen– Local democracy reporter

A firm behind plans for a wind farm across two Welsh boroughs could have to make an upfront payment to ensure turbines can eventually be removed.

Suggested planning conditions for the wind farm of no more than seven 180 metre tall turbines at Mynydd Llanhilleth in Gwent include a requirement the turbines and other equipment are removed at the end of its lifespan, when permission would expire, and the site is restored.

Details on a legal agreement, which would ensure a bond or cash deposit is paid by developer Pennant Walters Ltd, are being thrashed out by officers of both Torfaen and Blaenau Gwent borough councils with the turbines planned for land south east of Abertillery and east of Llanhilleth in Torfaen.

A final decision on whether to grant permission for the wind farm, and whether the bond which would be covered by what is known as a Section 106 legal agreement, will be made by the Welsh Government’s Planning and Environment Decisions Wales, or PEDW, which will consider a report from a planning inspector.

The inspector sought views from relevant parties during a hearing in March on whether a bond would be required to cover the costs of decommissioning work in the event the developer doesn’t or couldn’t decommission the site in accordance with the proposed condition.

The decommissioning bond is a financial guarantee which could be accessed by both councils which could also to enable the councils to carry out the removal and restoration works themselves if necessary.

In addition, both councils would be granted ‘step in rights’ which would allow them  or their approved contractors the right to enter the land to implement the agreed decommissioning details and/or restoration.

The agreement is likely to set out how the bond will be calculated, review periods and uplift during the life of the wind farm, trigger events that would cause the councils to access the funds if necessary and the ‘step in rights’.

It will also cover the release of the bond back to the developer or owner of the wind farm if, as predicted, decommissioning and restoration is carried out in accordance with any permission.

There will also be an obligation on behalf of the developer and or landowners to rededicate land within the development site as common land within an agreed timeframe at the end of the development’s lifetime.

The developers are also seeking permission to release 2.87 hectares of land at Mynydd Llanhilleth Common to facilitate the development and offering 4.04 hectares of replacement land as compensation to be registered as common land.

It is likely that the agreement will also include a “2 tier” approach to the execution of any final agreement, which will allow the main landowner to sign the agreement initially, with an obligation on the applicant to ensure that all relevant landowners are signed up prior to commencement of development.

Torfaen Borough Council’s planning committee will be updtated on the proposed agreement when it meets, at Pontypool Civic Centre, on Wednesday, May 20 at 10am and councillors will be asked to agree officers can continue negotiations and complete the agreement.

Other works required for the wind farm include improvement to the junction of the British Road, via the B4246, for construction traffic access and turbine delivery and upgrades to existing tracks to allow access for larger vehicles as well as crane pads and turbine foundations.

Underground power cables would also need to be laid to connect to the gird at Pontnewynydd while a substation and control building will also be required.