HENDY WIND FARM: APPEAL RE LEGAL CHALLENGE TO MINISTER’S APPROVAL

HENDY WIND FARM: APPEAL RE LEGAL CHALLENGE TO MINISTER’S APPROVAL

Enforcement update: On 6th December Powys Planning Officer Holly-Ann Hobbs wrote to residents this update on the Council’s enforcement investigation. This is deeply dismaying, not only because of the environmental vandalism which is taking place now at Llandegley, but also because of the disastrous precedent Powys is creating. CPRW Brecon & Radnor branch have taken legal advice and will be guided by counsel in responding to this extraordinary situation.

Since residents first advised Powys Development Management that work had begun on the foundation for turbine 5 on 27th November, the development has moved on at pace. Piles have been delivered to site on 6th December. The site of the turbine is close to the headwaters of the River Edw, which a little downstream is designated as a Special Area of Conservation, and merits the highest standard of protection. The construction works on site are currently entirely ungoverned by any agreed site management plans for the protection of the environment and its ecology.

Foundation works for turbine 5: 5th December 2018

CPRW Brecon & Radnor Branch, with CPRW national support, has engaged a barrister to help challenge Leslie Griffiths’ decision to allow Hendy Wind Farm.

The proposed Hendy wind farm sits in a beautiful and much loved historic landscape which we and so many others have been fighting to protect from inappropriate development. At the same time, the precedent the Minister’s decision creates is so important to the future of rural Wales we decided there was no real choice but to bring a legal challenge.

Hendy Wind Farm was refused by Powys Planning Committee in May 2017. Following the applicant’s appeal, the Inspector conducted an Inquiry lasting two weeks in March 2018, during which he studied the (ever changing) development plans, visited the site several times, and heard the evidence and cross examination of expert witnesses and of local residents. Based on all this evidence, the Inspector’s lengthy and considered report recommended refusal of the wind farm on the grounds that ‘the combined harm to landscape and heritage matters significantly outweigh the identified benefits’. In arriving at this conclusion the Inspector had taken into account the benefit of providing renewable energy and the requirements of the Well-Being of Future Generations Act.

November 2018: Hendy Wind Farm works started on Llandegley Rhos. Llandegley Rocks in the background.
27 November 2018: Is this a turbine foundation being dug?

Never before this decision by Lesley Griffiths, has a Welsh Government Minister overturned a wind farm recommendation by the Planning Inspectorate on the grounds that the national interest in providing wind energy outweighs significant landscape harm and damage to heritage assets. The argument that renewable energy can automatically outweigh any harmful impacts of a development defeats the purpose of a planning system which seeks to achieve a balance of planning considerations, and development at an appropriate scale in appropriate locations.

If this decision stands, it will be an important test case that will make it very difficult to protect any Welsh landscapes outside the National Parks and Areas of Outstanding Natural Beauty.

How you can help:


Appeal Account Details: EVERY LITTLE HELPS!

B&R Branch CPRW AC 29455868 Lloyds Bank SC 30-94-99

CPRW Is a Registered Charity No 239899 – If you are a UK taxpayer, please consider filling out the gift aid form HERE. This will add 25% to your donation at no cost to you.

If paying by cheque, please make it out to “CPRW – Brecon & Radnor”. Cheques and gift aid forms should be sent to – Jonty Colchester, Upper Noyadd, Clyro, HR3 5JS.

GIFT AID FORM AVAILABLE HERE

Thank you.


OBJECT TO THE APPLICATIONS TO DISCHARGE PLANNING CONDITIONS:

You will find the applications to discharge planning conditions on this LINK . Type Llandegley in the search box (towards the bottom of the page).

At the time of writing, applications have been submitted to discharge the following conditions:

  • Condition 9: micrositing
  • Conditions 10,14,15: turbine design
  • Condition 21: Construction Environmental Management Plan
  • Condition 23: hydrology – Surface Water Management Plan
  • Condition 24: hydrology – water quality monitoring strategy
  • Condition 25: public rights of way
  • Condition 26: highways – remediation of incidental damage
  • Conditions 27, 32 & 35: highways and traffic movements
  • Condition 28: abnormal indivisible loads – AIL Traffic Management Plan
  • Condition 29: Construction Traffic Management Plan
  • Condition 30: rights of access
  • Condition 31: highway works
  • Condition 38: Protected Species Protection Plan
  • Condition 39: Bat Protection Plan
  • Condition 40: Habitat Management and Enhancement Plan
  • Condition 41: Ecological Monitoring Plan
  • Condition 42: Archaeology Written Scheme of Investigation
  • Condition 44: Archaeologist
  • Condition 46: TV interference
  • Condition 48: community liaison
  • Condition 51: noise

And application has been made to vary Condition 43 – historic environment scheme of works

You may find the documents and information supplied in some of these applications inadequate or inappropriate to satisfy the conditions which you will find at the end of the Minister’s decision letter.

Additional documents: