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Llywodraeth CymruWelsh Government
Eich Cyf / Your Ref:Ein Cyf / Our Ref:
BY EMAIL - [email protected]
Energy lnfrastructure planning TeamDepartment of Business, Energy and lndustriat StrategyArea C 4th Floor3 Whitehall PlaceLondonSWIA 2AW
28 July 2016
Dear Sir / Madam
ELECTRICITY ACT 1989 & TOWN AND COUNTRY PLANNING ACT 1990
THE ELECTRICITY GENERATING STATIONS AND OVERHEAD LTNES (INQU|R|ESpRocEDURE) (ENGLAND AND WALES) RULES ZOóZ
RE.DETERM¡NATION OF THE APPLICAT¡ON BY RES UK & IRELAND LITTITED(..RES"} DATED 27 MARCH 2OO9 FOR CONSENT TO CONSTRUCT AND OPERATEA IOO MW WIND TURBINE GENERATING STATION IN POWYS, U¡O.WA¡.CS("LLANBRYNMAIR")
RE.DETERMINATION OF THE APPLICATION BY RWE NPOWER RENEWABLES!ry!!T_EP_("RWE') DATED I I DECEMBER 2008 FOR CONSENT rO COHSTRUCTAND OPERATE A I3O.25OMW WIND TURBINE GENERATING STATION IN POVVYS,M¡D-WALES (,,CARNEDD WEN")
Statement of matters with respect to which further representations are invited
I write further to your letter of 6 July 2016, inviting additional representations to theSecretary of State, on the following matters, for boih Llanbrynma¡l"añã Carnedd Wenwind farm applications.
3?Ë,ts'J;3'^LI.ANDUDNO /!.|-ANDUDNO GovernmentBusinessE&[email protected],eov. uk
ft-=t BU_DDsoDDr ¡yR I lNVEsroRs JUNcïoN t{u^{,-ruru¿serLuur¡_+t MEWN poBL ln pÈoÞre L.J,T*. -@
ååflil,ïffirtå:i fi?#"ï:",ï:::h vn Gvmraeg' Bvddwn vn ateb gohebiaeth a dderbinnir yn Gymraeg yn Gymraeg ac ni rydd
we wetcome receiving correspondence in welsh. Any correspondence received in welsh wirt be answered in welsh andcorresponding in wetsh will not lead to a detay in reípondinj. rrrr( Æ qr¡)wcrsu rrr v
1. The individual landscape and visual impact of the proposed LlanbrynmairDeveloPment;
2. The individual landscape and visual impact of the proposed Carnedd Wen
Development;
3. The combined landscape and visual impact of both the proposed
Llanbrynmaii and Garnedd Wen Developments;
4. The cumulative impact of the proposed Llanbrynmair Development withother wind farms in the Powys area which have already been grantedplanning permission or wheie planning permission has been applied for(excluding the proposed Carnedd Wen Development);
5. The cumulative impact of the proposed Carnedd'Wen Development withother wind farms in the Powys area which have already been grantedplanning permission or where planning permission has been applied for(excluding the proposed Llanbrynmair Development);
6. The combined cumulative impact of the proposed Llanbrymair and CarneddWen Developments with other wind farms in the Powys area which havealready been granted planning permission or where planning pe¡missionhas been apPlied for;
7. The extent to which proposed ecological mitigation, restoration orremediation measures and removal of individualwind turbines (including, asapplicable, the "Carnedd Wen five" turbines R23,R26, R28' R29 and R30
refbrred to in the lnspector's Report dated I November 2014) would offsetany adverse landscape and visual impacts (whether individual, combined orcumulative) of the proposed Developments;
B. The adequacy of the environr"nt"i information produced in support of theapplications for the Developments and whether further or updatedenvironmental information is now necessary;
g. Any other matters arising since 7 September 2015 which interested parties
coñsider are materialto the Secretary of State's redetermination of theapplications.
Additional Comments
a Nature Conservation
The Welsh Government position remains as previously stated, subject to anydevelopment of NRW's response to the consultation and future advice to us.
The gathering of evidence and assessment of curnulative effects on nature conservationreceptors should be rigorous and comply with the requirements of the Wildlife andCountryside Act 1981 (as amended), Habitats Regulations 2010 and lnternationalcommitments.
o Transport
The position has not changed from the- original application, stating no objection inprincþle- detailing 1_suggestêd number of coñditioniiãs per correspondence attached,dated 25 Februarv 2014 from . , the Welsh óovernment Netr,vorf Managerat the time, to [\.. Programme officer and first point oi contact for allprocedural matters associated with thelnquiry.
Yours faithfully
Deputy Director - Decarbonisation & Energy
Enc - 2 letters from _ .__ to I
\f
Llywodraeth CymruWelsh Government
Programme OfficerBanks Solutions
Transport - Trafnidiaeth
Eich cyf. Your refEin cyf. Our ref
25 February 2014
Dear
ELECTRIC¡TY ACT 1989 (SECTIONS 36, 37, 62(3) AND SCHEDULE S)TOWN AND COUNTRY PLANN|NG ACT 1990 lSeCrtoru so¡
Application by RES UK & lreland Limited dated 27 March 2009 for consent to constructand operate a 100 tlW Wind Turbine Generating Station in powys, pid-Wales("Llanbrynmair")
Further Written Representation for Session 4: tatters in Common/Gumulative Effects
Please consider this letter as a further written representation from the Welsh Government as!ig-!way authority for the trunk road network in Wales (hereafter referred to as 'WG,') for Session4: Matters in Gommon/Gumulative Effects of the conjoined public inquiry covering thã aboveapplication.
WG's Statement of Case dated 21 January 2014 strongly advised the inclusion of a number ofconditions as part of any permission granted by the Oe!ártment of fnerjy and Climate Change(DECC)' WG wishes to amend the wording of these reóommended condit¡oir to räini"t"-"'consistency with other applications currenúy before the inquiry. As such, WG strongly advisesthat any permission granted by DECC sfroúlO include the conditions set out belãw--'
Structural Assessment
1. No on-site development works shall be undertaken until:
ffiSarn Mynach
Cyffordd LlandudnoLL3f 9RZ
Sarn MynachLlandudno Junction
LL3I 9RZ
Ffôn . Tel: 0Ffacs. Fax:03üJDü¡ODT'TIRMBI{NFOE,
trlrvlõroR¡NPpon8 Ebost . Em¿
3
a. an assessment of the capacity and impact on all structures along those parts of the
h¡ghway network which inall Oe utilised during the construction of the development
lnõtuOing bridges, culverts, retaining walls, embankments; and
b. details õt anylmprovement works required to such structures as a result of
construction of the development;
have been submitted to and approved by the local planning authority following. consultation
with the Welsh Government as Welsh trunk road highway authority or other relevant
highway authority (as appropriate). The required improvement works identified in the
assessment shai Èe comptéted prior to the commencement of any Abnormal lndivisible
Load (AlL) deliveries to the development site'
Gondition Surveys
Z. Condition surveys of all highway features along those parts of the highway network which
shall be utilised Ouring the construction of the development shall be undertaken prior to,
during and on, compblion of the construction phase of the devel.opl9nt. The survly reports
shall be submitted io and approved by the local planning authority following consultation
with the Welsh Government as Welsh trunk road highway authority or other relevant
highway authority (as appropriate) within 28 days of the surveys.
Liability for lncidental Damage
prior to the commencement of development works, a scheme to provide for the remediation
of any incidental damage directly attributable to the development to the parts of the highway
netwórk which will be ut¡l¡sed during the construction of the development including street
furniture, structures, highway vergã and carriageway surfaces shall be submitted to and
approved by the local flanning authority following consultation with the Welsh Government
ai'Welsn trúnk road híghway ãuthority or other relevant highway authority (as appropriate).
The scheme shall be implemented as approved throughout the construction phase of the
development.
Traffic illanagement Plan
4. AlLs associated with the development shall be delivered strictly in accordance with a Traffic
Management Plan (TMP) as shall be agreed with the relevant highway authority' ln this
resp"õt, the TMP shall be submitted to and approved in writing by Welsh Government as
Welsh trunk road highway authority or other relevant highway authority (as appropriate)prior to the commencement of any works. The TMP shall include:
a. proposals for transporting AlLs from their point of entry to the Welsh trunk road
network to the site that minimise any impact on the safety and free flow of trunkroad traffic;
b. evidence of trial runs that mimic the movement of the worst case AlLs along the
access route;c. number and size of AlLs, including loaded dimensions and weights;d. number and composition of AIL convoys, including anticipated escort arrangements;
e. methodology for managing trunk road traffic during AIL deliveries, includingidentification of passing places and holding areas as necessary;
f. convoy contingency plans in the event of incidents or emergencies;
g' est¡mated convoy journey durations and timings along the route, including release. of forecast traffic queueslh' swept path analysis modelling the movement of the worst case AlLs at all potentialhorizontar and verticar constrãints aronj in" "*"r" .;ãì'-'i' proposals for the temporary or permanént modification of any affected streetfurniture along the access route and detairs of how tnis wouiá be managed;j' plans for the reinstatement of "nv
t"mpoìåry works atte, completion of theconstruction phase;k' land ownership must be clarified on all drawings. showing proposed highwaymodifications. The developer shall be responsi'ble tor tnãåcquisition andreinstatement of all third party land including re-instatement åf boundary features;l' proposals to liaise with ail relêvant stakelrolders and membeis of the public
regarding construction traffic and AlL movements; rsv'¡fv
m' consideration of the cumulative impact of other wind farm schemes proposing touse all of part of the same access route.
5' AlLs associated with the maintenance and decommissioning of the development shall teavethe site strictly in accordance with a TMP as shall be agreed-w¡th the ielevänt nignwãy -
authority. ln this respect, the TMP shall be submitted tõand "pprouão
in writing õv wärnGovernment as Welsh trunk road highway-authority or other relevant highway authority (asappropriate) prior to the commencement ôf any removal, replacerént of decómmissio"niìngworks.
Highway Works
6' No development works shall be undertaken until full details of any highway worksassociated with the construction of layover areas, passing places anã highwayimprovements as agreed with the relevant highway autnoiiþ'incluãing'
a.b.c.d.e.
the detailed design of any works;geometric layout;construction methods;drainage; andstreet lighting;
have been submitted !9 and ?pproved in writing by the local planning authority followingconsultation with the Welsh Government as welsñ trunk roaä nignwäy authority or otherrelevant highw.ay authority (as appropriate). The highway worksihau'be
"orpl"t"o in
-accordance with the approved details prioi to tne commencement of any AIL deliveries tothe development site.
7 ' No development works shall be undertaken until the developer demonstrates rights ofaccess to all proposed works that are not part of the highwäy netwòit to the satisfaction ofthe local planning authority. ' ..-----"'
Road Safety Audit
8' The applicant shall undertake a Rol! Safety.Audi! 9tlhe scheme (Stages 1 - 4) inaccordance with the Design Manualfor Roads and Bridges no ie)õà. The appticant shaltagree the required measures with the welsh Governmeñt as wetsn truniiäiñòïö"
authority or other relevant highway authority (as appropriate) prior to the commencement of
works on site.
Section 278 Agreement
g. The applicant shall enter into an Agreement with the Welsh Ministers under Section 278 ot
the Hiþ'hways Act 1gg0 to enable tñe Applicant to undertake agree.d improvement works on
the trunk road. ih¡s Agreement will coniain details of the improvement works, construction
conditions and financiãl arrangements under which agreed measures can be put in place,
including indemniffing the Welsh Ministers against third party claims. Without such an
ãjr""rðnt in place, ãny consent that may be granted cannot be implemented.
Use of Private Haul Road by other Abnormal Loads
10. Any private haul road shown on the submitted plans :n{.Ug.ry{" available for use without
p"ñ"tty for the movement of any AIL as required by the Welsh Government as Welsh trunk
ioad hìghway authority or other relevant highway authority (as appropriate) for the duration
of the develoPment.
The above conditions are included to maintain the safety and free flow of trunk road traffic.please note that the wording for conditions 1 to 10 above is the same for all the wind farm
schemes before the inquiry
As highway authority forthe trunk road network in Wales, WG recognises the effort that the
applicant has expen-ded in demonstrating that it could construct and maintain this development
wjtnout causing undue effect on the trunk road network and users thereof.
WG does not propose to submit a proof of evidence for Session 4 or to give oral evidence at the
inquiry in relation'to the Llanbrynmair application. WG does not therefore propose to call
witnesses or cross examine other witnesses.
please note that as highway authority for the trunk road network in Wales, WG is unable to give
any opinion on the pla-nn¡ng merits of ttre Llanbrynmair application. The__scope of this written -
*óË;t.tion is cónfined [o the anticipated impact of development traffic on the safety and free
flow of trunk road traffic.
Yours sincerely
Llywodraeth CymruWelsh Government
Programme OfficerBanks Solutions
TranspoÉ - Trafnidiaeth
Eich cyf. Your refEin cyf. Our ref
25 February2014
Dear Mr Banks,
ELECTRICITY AC.T-1999-ISE9IIOTq !q, 37, 62(3) AND SCHEDULE 8)TOWN AND COUNTRY PLANNING AGT 1990 (SECTION SO}
Application by RWE Npower Renewables Limited dated 1l December 200g for consent toc.o¡structand operate a 130-250MWWind Turbine Generating Stationì; t *yé, iliJ¡iv"¡""("Garnedd Wen")
Further Written Representation for Session 4: Matters in Gommon/Gumulative Effects
Please consider this letter as a further written representation from the Welsh Government as!ig-!way authority for the trunk road n-etwork-in Wales (hereafter referred to as ,,WG,,) for Session4: Matters in Common/Cumulative Effects of the conjoined public inquiry åovering the aboveapplication 'a-'-r -'
WG's Statement of Case dated 21 January 2014 strongly advised the inclusion of a number ofconditions as part of any permission granted by the Oe-pártment of Energy and Climate Change(DEcc). WG wishes to amend the wõrding of [hese reóomr"nded conditü; t" ;;ìt-"t"'"'consistency with other applications currently before the inquiry. As such, WG ,trongly advisesthat any þermission granted by DECC shoúlo include the conditions set out below.
Structural Assessment
1- No on-site development works shall be undertaken until:
# Sarn MynachCyffordd Llandudno
LL3I 9RZ
Sarn MynachLlandudno Junction
LL3I gRZ
oJFfônSJDDOODTnilRrÃnì¡l( ü,
n¡vEõtox.lNm?l.B Ebost . Email: r
Ê¡r.. - È-."
a. an assessment of the capacity and impact on all structures along those pa+s of the
hignway network which sft"U ú" utilised during the construction of the development
ináuO¡ng bridges, culverts, retaining walls, embankments; and
b. details oi anyirprovement works required to such structures as a result of
construction of the development;
have been submitted to and approved by the loca.lplanning authority following consultation
with the Welsh Government as Welsh trunk road highway authority or other relevant
ñ¡én*"y authority (as appropriate). The required improvement works identified in t!9as-sessrent shaú ue completed prior to the.commencement of any Abnormal lndivisible
Load (AlL) deliveries to the development site.
Gondition Surueys
Z. Condition surveys of all highway features along those parts of the highway network which
shall be utilised during the construction of the development shall be undertaken prior to,
during and on comple-tion of the construction phase of the developryrent. The survey reports
shall be submitted io and approved by the local planning authority following consultation
with the Welsh Governmeni as Welsh trunk road highway authority or other relevant
highway authority (as appropriate) within 28 days of the surveys.
Liability for lncidental Damage
prior to the commencement of development works, a scheme to provide for the remediation
of any incidental damage directly attributable to the development to the parts of the highway
netwórk which will be ulilised during the construction of the development including street
furniture, structures, highway verge and carriageway surfaces shall be submitted to and
approved by the local flanning autnority following consultation with the Welsh Government
as'Welsn ûúnk r:oad híghway áuthority or other relevant highway authority (as appropriate).
The scheme shall be implemented as approved throughout the construction phase of the
development.
Traffic Management Plan
4. AlLs associated with the development shall be delivered strictly in accordance with a Traffic
Management Plan (TMP) as shall be agreed with the relevant highway authority. In this
r"rpeãt, the TMP shall bê submitted to and approved in writing by Welsh Government as
Wejsh trunk road highway authority or other relevant highway authority (as appropriate)prior to the commencement of any works. The TMP shall include:
3
a. proposals for transporting AlLs from their point of entry to the Welsh trunk road
network to the site that minimise any impact on the safety and free flow of trunk
road traffic;b, evidence of trial runs that mimic the movement of the worst case AlLs along the
access route;c. number and size of AlLs, including loaded dimensions and weights;d. number and composition of AIL convoys, including anticipated escort arrangements;e. methodology for managing trunk road traffic during AIL deliveries, including
identification of passing places and holding areas as necessary;f. convoy contingency plans in the event of incidents or emergencies;
g
h
J.
k
estimated convoy journey durations and timings along the route, including releaseof forecast traffic queues; -"-.'e -'
swept path analysis modelling the movement of the worst case AtLs at all potentialhorizontal and vertical constrãints along the access route;proposals for the temporary or permanent modification of any affected streetfurniture a]ong the access route and detaits ot now inis wouú b" ;";;é;ãìplans for the reinstatement of any temporary works after completion of theconstruction phase;land ownership must be crarified on alldrawings showing proposed highwaymodifications. The developer shall be responsible for thà acquisition a-ndreinstatement of all third party land including re-instatemeni äi oãrìoãrv features;proposals to liaise with all relevant stakeholders and members of thà píOi¡"regarding construction traffic and AIL movements;consideration of the cumulative impact of other wind farm schemes proposing touse all of part of the same access route.
the detailed design of any works;geometric layout;construction methods;drainage; andstreet lighting;
m
5' AlLs associated with the maintenance and decommissioning of the development shall leavethe site strictly in accordance with a TMP as shall be agreed with the relevänt highwayauthority. ln this respect, the TMP shall be submitted tõand
"pprouãA in writing "¡V Wä.n
Government as Welsh trunk road highway_authority o¡: other relevant highway ãrt'norìtvì".appropriate) prior to the commencement of any removal, replacement o-f decómmissioíingworks.
Highway Works
6. No development works shall be undertaken until full details of any highway worksassociated'with the construction of layover areas, passing placeianã highwayimprovements as agreed with the relevant highway autho'riiy including:
a.b.c.d.e.
have been submitted.lg ?nd approved in writing b¡¡ the local planning authority followingconsultation with the Welsh Government as Wélsñ trunk roaä nignwäy authority or othe"rrelevant highway authority (as appropriate). The highway worksihall be corpleted inaccordance with the approved details prior to the commencement of any AIL'deliveries tothe development site.
7. No development works shall be undertaken until the developer demonstrates rights ofaccess to all proposed works that are not part of the highwäy network to the satisfaction ofthe local planning authority.
Road Safety Audit
8. The applicant shall undertake a Road Safety Audit of the scheme (Stages 1 - 4) inaccordance with the Design Manualfor Roads and Bridges no rg)oà.1ne appltant shallagree the required measures with the Welsh Governmeñt as Welsrr trunrioJiñhö
authority or other relevant highway authority (as appropriate) prior to the commencement of
works on site.
Section 278 Agreement
g. The applicant shall enter into an Agreement with the Welsh Ministers under Section 278 of
the Hiþhways Act 1gg0 to enable tñe Applicant to undertake agreed improvement works on
the trunk road. This Agreement will coniain details of the improvement works, construction
ðonditions and financiál arrangements under which agreed measures can be put in place,
including indemnifying the Welsh Ministers against third paryclaims. Without such an
agreemõnt in place, any consent that may be granted cannot be implemented.
Use of Private Haul Road by other Abnormal Loads
10. Any private haul road shown on the submitted plans shall be made available for use without
p"ñanv for the movement of any AIL as required by the Welsh Government as Welsh trunk
ioad hìghway authority or otheirelevant highway authority (as appropriate) for the duration
of the develoPment.
Access onto the Trunk Road
11. Full details of the highway works associated with the proposed new access onto the trunk
roâd as indicated oñtne suUmitted plans including the detailed design, geometric layout,
construction and drainage, shall be submitted to and approved in writing by theWelshGovernment as Welsh tiunk road highway authority prior the commencement of any works
on the develoPment site.
12. The proposed new access onto the trunk road as indicated on the submitted plans shall be
completed to the satisfaction of the Welsh Government as Welsh trunk road highway
authority prior to commencement of any works on the development site.
The visibility splays shown on the submitted plans of the proposed new access onto the
trunk shall åt all times be kept free of any planting, tree or shrub growth, or any other
obstruction in excess of 1.05m above the adjoining carriageway.
13.
The above conditions are included to maintain the safety and free flow of trunk road traffic.please note that the wording for conditions 1 to 10 above is the same for all the wind farm
schemes before the inquiry
As highway authority for the trunk road network in Wàles, WG recognises the effort that the
appliãnt has expended in demonstrating that it could construct and maintain this development
w¡tfrout causing undue effect on the trunk road network and users thereof.
WG does not propose to submit a proof of evidence for Session 4 or to give oral evidence at the
inquiry in relatìon'to the Carnedd Wen application, unless requested by the lnspector. WG does
not therefore propose to call witnesses or cross examine other witnesses.
Please note that as highway authority for the trunk road network in Wales, WG is unable to give
any opinion on the planning merits oJ the Carnedd Wen application. The scope of this written
representation is confined to the anticipated impact of development traffic on the safety and freeflow of trunk road traffic
Yours sincerely
