Brecon & Radnor Branch of CPRW

On 22nd May, our petition was handed in to the Welsh Assembly Petitions Committee, having attracted 4,567 signatures, mostly from Wales and neighbouring English border counties.

We very much welcomed the help and support, both drafting the petition and collecting signatures, of a number of environmental NGOs. These included the Wildlife Trusts, in particular the Radnorshire Wildlife Trust, Plantlife, the Woodland Trust, Countryside Restoration Trust, Campaign for the Protection of Welsh Fisheries, the Angling Trust/Fish Legal among others as well as a number of high-profile environmental campaigners.

The petition has been mentioned in the local press, on radio and online and seems to have focussed some much needed political attention on the urgent problems surrounding these developments. To see how the debate is evolving, please see the following links:
• 30th April: Letter from Lesley Griffiths, Cabinet Secretary, to David Rowlands, Chair of the Petitions Committee;
• 30th May: CPRW B&R to David Rowlands, petition evidence provided in response to Lesley Griffiths letter of 30 April;
• 5th June: Senedd TV Petitions Committee debate and minutes of the debate;
• 12th June: Letter from Welsh Government’s Chief Planning Officer to County Council Heads of Planning.

The Chief Planning Officer’s letter sets out the need to ‘exercise particular care’ when considering applications close to sensitive environmental areas or to homes and schools, and also the need to consider cumulative impacts. While this is most welcome, the letter only addresses the range of problems associated with these applications in very general terms. It remains to be seen whether it has an impact on planning decisions.

During the continued consideration of our petition, we hope to see:
• acknowledgement of the multiple failures in the determination of these applications;
• stricter control of impact on the non-designated natural environment, including ancient woodland;
• clear guidance on the division of responsibility between NRW and determining LPAs;
• NRW acting up to its responsibility to reverse the decline in biodiversity by maintaining objections where negative impacts are likely;
• an end to reliance on conditions which LPAs have no realistic means of effectively enforcing.
• development of guidance on human health issues including proximity to residents;
• a biosecurity policy for minimum separation of intensive poultry developments according to type;
• clear guidance on how LPA decision-making must address cumulative impacts of multiple intensive livestock units on the natural environment and residential amenity;
• Welsh Government and Natural Resources Wales address the issue of the lack of effective regulation of intensive poultry units for fewer than 40 thousand birds;
• development of effective regulation to address diffuse agricultural pollution, along the lines of that in place in England and Scotland;
• funding of research to improve the evidence base for assessing the true environmental impacts of intensive livestock farming;
• A moratorium on approval of applications to allow assessment of the cumulative environmental impacts of IPUs already existing – see Wales Environment Link position statement.

Thank you for your support.

We will be continuing to campaign!

CPRW Brecon & Radnor branch has made a petition to the Welsh Assembly Petitions Committee about better regulation of the Intensive Poultry Farming Industry in Wales to protect the environment for future generations. Please follow this link to see and SIGN THE PETITION.

Petitioning the Assembly is one of the most direct ways in which members of the public can raise matters of concern or suggest new policies and different ways of doing things. If we can collect 5,000 signatures or more, the Petitions Committee will automatically consider requesting a plenary debate – where all 60 Assembly Members will be able to discuss the issue.

We have tried to discuss the risks with Powys Planning Authority and done our best to achieve better regulation via the emerging Powys LDP but, so far, the rate of approval has not changed and the Council have rejected the idea of a proper policy to provide environmental protection and clarity for all parties.

Our data about applications to Powys Planning Department for Intensive Poultry Units shows that there have been 99 APPLICATIONS in the last 30 months with ONLY ONE refused. We produced an interactive map of all Powys applications known to us which can be freely accessed with a lot more information on our website. There are now (including units in planning) 7 million chickens in Powys at any one time.

Free-range egg developments, which make up 72 of the 99 applications, are usually too small to require an NRW permit (threshold 40,000 birds) and yet, according to research by NRW to be published very soon, they are even more environmentally damaging than the larger broiler units.

Ammonia concentrations and nitrogen deposition in much of the Powys countryside are now surpassing the critical levels for some rare lower plant species to survive but yet more intensive farms are being crammed into saturated areas. Our steep valleys and high rainfall mean that effluents and manure are running off into the rivers. Chicken farms are being approved regardless of inappropriate sites near sensitive rivers and ancient woodlands, inadequate range-sizes, proximity to neighbours and the cumulative impacts they will have with all the nearby chicken sheds.

The Brecon & Radnor Branch joins with the Montgomery Branch to ask you to PLEASE SIGN THE PETITION and publicize it as widely as you can in your own area to help make this industry safer and more sustainable for all of our Welsh countryside.

Thank you.

The Powys Local Development Plan is still heading towards the finish line. The Inspector, Nicola Gulley, has decided that a further public Hearing Session is needed to look again at renewable energy policy.

The hearing is on 10th January 2018 and will begin at 10.00 a.m. The venue is the Media Resource Centre (MRC Wales Ltd.), Oxford Road, Llandrindod Wells, Powys LD1 6AH. Media Centre map.

The agenda for the session can be found on the LDP Examination website.

Representations to the Matters Arising Changes public consultation can be found on this link and hearing session statements by the participants will be uploaded to the hearing website sometime after the 15th December.

CPRW Brecon & Radnor Branch and CPRW Montgomeryshire will be participants in the hearing session with the legal support of planning barrister Tina Douglass.

Also participating are several representatives of the renewables industry.

Please put 10th January 2018 in your diaries and please do come along to the hearing session if you possibly can. Unless you are already registered as a participant, you may only spectate but a big public turnout to the Hearing Session would demonstrate to the Inspector the continuing degree of public concern about this area of planning policy. This may well be the last opportunity for any public involvement in the LDP.

If possible, please let the Programme Officer, Tracey Smith, know if you intend to attend:  Email: tracey.smith@Powys.gov.uk; Tel: 07919 396609

In the meantime wishing you all a very happy, and warm, Christmas,

Margaret Tregear
CPRW Brecon & Radnor Committee

This Post is a summary of our new web page with full details about the Hendy wind farm application, and on how to help us and how to object to the application.

CPRW Brecon & Radnor Branch are urgently appealing for your help.

Powys Council turned down the Hendy Wind Farm application, for 7 x 110m turbines on Llandegley Rhos, in April this year. The developers are now appealing against the Council’s decision on grounds that the national need for renewable energy should override negative local impacts.

CPRW Brecon & Radnor Branch will be participating in the Inspector’s inquiry to support the Council’s case and bring further evidence. This needs the right professional help to present the best case and give us the greatest chance of success. We have been lucky to be able to engage an expert planning barrister and professional landscape consultant. We now urgently need to raise the funds to cover their costs.

Many local people will also wish to make their own objections. Please follow the link to the new web page to find details of the locations of documents and the procedure for submitting an objection.

If the developers are successful in overturning the Council’s decision, this will open the door to wind development right across the Welsh countryside.

This is a critical test case which we cannot afford to lose. Your help is incredibly important.

Thank you.

We have two big updates for you with this Post. Summaries of the updates will be found here in the Post; full details can be found by following the relevant links.

1. Powys Local Development Plan: Hearing Sessions Summary
   
2. Ponds, Rivers and Poultry Seminar Update (see below)

 

1. POWYS LOCAL DEVELOPMENT PLAN: HEARING SESSIONS – SUMMARY

A synopsis of our Summary of the LDP Hearing Sessions is given here. For the full Summary and additional links please check out this page in the main part of our site.

LDP Hearing Sessions:
The hearing sessions of the Powys Local Development Plan which began on 28th March were completed on 21st July. This was a very busy period for the branch as we were participants in many sessions and attended others. In addition to arguing for a more rational renewable energy policy, we have, together with CPRW National and CPRW planning barrister, Tina Douglass, presented evidence and argued for the better protection of strategic assets, landscape and the natural environment. CPRW B&R branch have at the Inspector’s request, submitted a suggested policy wording for intensive livestock units and argued for improved planning control of anaerobic digesters. We have also put forward arguments and evidence on many other topics.

Renewable Energy:
Powys published entirely new renewable energy evidence in the middle of the hearing process, on the 12^th May:

• A new renewable energy assessment from consultants AECOM (third version);
• A landscape sensitivity study of the resulting Solar Local Search Areas from consultants, Enplan;
• Revision of the proposed renewable energy policy RE1.

The new evidence has led to:

• No designation of wind Local Search Areas (LSAs);
• Identification by AECOM of a potential 33 solar LSAs;
• Reduction of the number of solar LSAs from 33 to 20 following Enplan’s landscape sensitivity study.

There are significant problems with both AECOM and Enplan reports. Most seriously, AECOM’s proposed LSAs contain substantial proportions of land unsuitable for development while Enplan’s study has been carried out without reference to AECOM’s identification of ‘constraints’, treating all land within LSAs as suitable for development. Michelle Bolger, CPRW’s landscape consultant, found that the Enplan report consistently underrates landscape sensitivity.

Welsh Government explicitly confirmed that there will be a presumption of approval for renewable applications within LSAs although Powys has consistently denied this

Powys have revised their proposed RE policy, but while CPRW and residents have effected some improvements, it is particularly concerning that the revised policy remains permissive of large scale wind and solar developments outside the Strategic Search Areas (wind) and Local Search Areas (solar).

What Happens Next?
The Council will publish a “Schedule of Matters Arising Changes” by 19th September. The Council has also proposed holding Public Consultation Events – though no details are yet available.

Public Consultation on these new revisions to the LDP and the new REA will be open
from 19^th September until 5pm 30^th October.

As with the Further Focussed Changes, anyone can write supporting or objecting to the changes. All representations will be published and seen by the Inspector who may decide to hold another set of Hearings or proceed directly to her examination.

The full LDP Update can be found here.

2. PONDS, RIVERS AND POULTRY SEMINAR – AUGUST 2017 UPDATE

A synopsis of our Update from the Ponds, Rivers and Poultry Seminar is given here. For the full Update on last Autumn’s Seminar from 3/8/2017, and additional links, please check out this page in the main part of our site.

In summary, the update reports on:

1. The submission by CPRW Brecon & Radnor Branch, at the Planning Inspector’s request, of a suggested policy for intensive livestock units for potential inclusion in the Powys Local Development Plan;
2. Update of our online map of intensive poultry units in Powys;
3. Recent coverage on Countryfile, BBC online news and in the Guardian of intensive livestock farming and environmental impacts;
4. Report by the Sustainable Food Trust on the hidden costs of cheap food;
5. Mapping of intensive livestock units across the UK.

The full Seminar Update can be found here.

 

CPRW Brecon & Radnor Branch have learnt that  the review of Welsh designated landscapes called “Future Landscapes, Delivering for Wales” will be discussed in the Senedd on Tuesday 6th June.

We are deeply concerned for Brecon Beacons National Park, most of which lies in our area, but  also for the two other National Parks in Wales: Snowdonia and the Pembrokeshire Coast National Park and also Welsh Areas of Outstanding Natural Beauty (AONBs).

The Welsh Government plans to create new legislation regarding National Parks and  AONBs in Wales. The Future Landscapes Wales (FLW) Report proposals could see the Welsh National Parks’ status change to Protected Landscapes (as defined by the IUCN, International Union for Conservation of Nature), which is a lower protected status.

This would mean that it would change the legal framework for the Welsh National Parks to prioritise development of tourism, economic development and renewable energy, at the expense of the Parks’ existing status as bastions of unspoilt nature. Although all the above can be regarded as worthy objectives, in this instance it would be at the cost of protected landscapes and the quiet enjoyment for which national parks were originally established, and could have a serious impact on nature and wildlife in the areas.

Furthermore, the FLW Report sidelines the Sandford Principle, a key part of the legal framework for UK National Parks, which asserts the primacy of Conservation issues in cases of conflict of interest.

We are asking you to a) email your Assembly Member urgently to tell them that you would like them to support the Plaid Cymru amendments for the debate, which are:
1. Add as new point 3 and renumber accordingly:
Regrets that the report does not deal with the Sandford Principle as set out in the Environment Act 1995. [Environment Act 1995]
2. Add as new point at end of motion:
Believes that any change in the legislation governing National Parks should be taken through the Assembly as primary legislation.”

and b) to ask your Assembly Member (see below for contact details) to help to:
•             defend the proper protection and management of, and resources for, the National Parks and AONBs;
•             ensure that conservation and quiet enjoyment of the special qualities of the designated areas remain central to their purposes;
•             ensure that the Sandford principle is retained to secure their protection from inappropriate development;
•             hold a full public consultation before making any changes to the purposes of National Parks or AONBs

Please do this as soon as you get this message. The debate is tomorrow! Thank you.

With best wishes from Brecon and Radnor Branch, Campaign for the Protection of Rural Wales.
www.brecon-and-radnor-cprw.wales

Our Assembly Members:
Brecon and Radnorshire: Kirsty.Williams@assembly.wales
Montgomeryshire: Russell.George@assembly.wales

Mid and West Wales Region:
Neil.Hamilton@assembly.wales
Eluned.Morgan@assembly.wales
Simon.Thomas@assembly.wales
Joyce.Watson@assembly.wales

Hearing Statements for Renewable Energy Hearing Session 15

1.FOR THOSE WHO WISH TO MAKE COMMENTS ON THE COUNCIL’S NEW INFORMATION AND PROPOSED RENEWABLE ENERGY POLICY:

Statements should address the Inspector’s questions in the Matters & Issues Agenda linked here.

Eligibility to submit a Hearing Statement:

We have done our best to clarify who is eligible to submit a Hearing Statement, but we are still confused. The Programme Officer’s email to us on Thursday 25th May said:

“To clarify, please note that the statements deadline of 5 June 2017 is specifically for participants of the Renewable Energy Session 15 submitting a written statement, although the Inspector will accept statements from representors who made relevant representations during the FFC consultation on renewable energy, but are unable to participate in the session.”

This advice is not quite the same as previous advice the Program Officer has given to a CPRW member or as current advice on the website.  The newest version says that those who submitted valid responses to the FFCs can put in a statement for Session 15 but we do not know what counts as being “unable to participate in the sesssion”.

Everyone will have a chance to comment on the Matters Arising Changes which will be the changes to the LDP (since the Further Focussed Changes)  arising out of the Examination.  These MACs will be the subject of a final additional Hearing Session on Friday July 21^st and some time after that the Inspector will open a 6 week public consultation period on the finished MACs.

For further advice, contact the Programme Officer, Tracey Smith  tracey.smith@powys.gov.uk   Telephone 07919396609

Postal Address: LDP Programme Office, Room 12, The Gwalia, Ithon Road, Llandrindod Wells, Powys LD1 6AA

If you think you are eligible to submit a Hearing Statement, your submission material should be arranged to address one or more questions in the Inspector’s Matters and Issues Agenda for the Hearing Session15 (attached).

Your Hearing Statements will need to be submitted to Tracey Smith before Monday  5.00pm on 5th June, by email. Also, three paper copies on A4 with punched holes must be sent, or delivered, to Tracey Smith by the next day.  All versions must have the representor number allocated to you when you submitted your FFC response and there is a 3,000 word limit.

Hearing Statement Guidance http://pstatic.powys.gov.uk/fileadmin/TranslatedDocs/Planning/ldp/LDP_Exami nation/Exan_Docs/ED023_Guidance_Notes_20.12.16.pdf>

2.FOR THOSE WHO WISH TO PARTICIPATE IN HEARING SESSION 15 ON RENEWABLE ENERGY ON 27TH AND 28TH JUNE:

We understand some of those who put their names down to participate in the Renewable Energy Hearings  when responding to Further Focussed Changes have been contacted and asked to confirm their attendance. Others have not. The current list of confirmed participants emailed to us by the Program Officer is much reduced.  If you are not on the list and have not told Tracey Smith that you want to withdraw, we recommend that you contact her as soon as possible (contact details above).

PROGRAMME OFFICER’S CONFIRMED PARTICIPANTS FOR SESSION 15 Rep ID Representor Name (Agent)      436      Aberedw Community Council   505      Llansantffraid and Deytheur C C          521      Old Radnor Community Council           1084    Welsh Government      1519/6235       CPRW  3331    Mrs Jean Lee-Tappin   4349    Cambrian Mountains Society    6859    Environment Information Services       5839    Conservation of Upland Powys            5963    Brett Kibble      6160    Ms Sarah Bond            6459    Miss M L Flanders       6507    Mr Albert Bryan McCann          6533    Richard Martin 6547    Michael Pace   6584    Mr B S Crawford          6590    William Wilson  6615    Peter Wright    6626    Del Ellis            6639    Rosemary Watton        6727    Carol Jarrett     131      New Radnor Community Council  (Nigel Dodman – 6816)

3.VENUE/TIME FOR RENEWABLE ENERGY HEARING SESSION 15 on June 27^th

Please note that we have been informed that venue for the Hearing Session 15 has been changed to: New Life Church, Spa Road East, Llandrindod LD1 5ES

The Program Officer has informed CPRW that the Session starts at 10.00am and may be completed on June 27^th  but it could run over to June 28^th.

4.NEW RENEWABLE ENERGY EVIDENCE AND POWYS’ PROPOSED RE POLICY Just to remind you that this can be found on this link http://www.powys.gov.uk/en/planning-building-control/local-development-plan

 

Powys LDP Examination: Renewable Energy

New information on Renewable Energy: new evidence and new LDP policy suggestions published by Powys County Council on 12th May 2017.

The new documents are:
1. AECOM Revised Renewable Energy Assessment for Powys (ED059)
2. AECOM MAPS p 1 to 44 (wind and solar) (ED059)
3. AECOM MAPS p 44 to 56 (biomass) (ED059)
4. ENPLAN assessment of impact on proposed Local Search Areas on Landscape using reduced version of LANDMAP methodology (ED060)
5. Powys PCC Position Statement including suggestion for new Renewable Energy Policy (ED061)

All are found on www.powys.gov.uk/en/planning-building-control/local-development-plan/

What the documents say:

WIND ENERGY
The AECOM Report providing the evidence for the Further Focussed Changes (October 2016) derived extensive Local Search Areas for projects between 5 and 25 MW (up to 12 turbines 120M tip height) by looking for locations with wind speeds over 6.0m/sec and then ruling out those which were too close to designated protected nature and historic sites, residential buildings, roads and railways and protected aircraft and defence zones. Huge envelopes were then drawn around this identified ‘resource’.

The Revised Report rules out additional areas which are not: within 10km of a grid connection, have thick peat cover or are too small for a 5MW wind farm. The revised report comes to the conclusion that outside existing Strategic Search Areas for wind farms over 25MW: “There are no remaining least constrained land parcels of sufficient area to identify wind LSAs for local authority schemes of installed capacity range 5MW to 25MW”.

THANKS TO THE PUBLIC RESPONSE, THERE ARE NO LSAs FOR WIND ENERGY

SOLAR PV ENERGY
The AECOM Report providing the evidence for the Further Focussed Changes, derived extensive Local Search Areas for projects from 5 to 50 MW by looking at areas with suitable slope and orientation for enough sunlight exposure and then ruling out locations coinciding with, or too close to, designated protected nature and historic sites, residential buildings, roads and railways and protected aircraft and defence zones. Again, huge envelopes were then drawn around identified ‘resource’.

The Revised Report rules out additional areas which are not: within 10km of a grid connection, have thick peat cover, are too small for a 5MW solar farm or are on grade 1-4 farm land (to protect better-grade land for agriculture).

Resulting ‘resource’ areas were clustered into 33 ‘candidate’ LSAs. These were assessed by EnPlan for the impact of solar development on landscape according to 6 categories from low to very high. Landscape impact was judged too high for 11 out of 33 potential areas.  The remaining 22 areas are intended to be incorporated in to the Council’s Renewable Energy Policy and the potential solar energy resource is calculated from a model of how they might be built out in practice.  A summary of EnPlan’s findings is set out in this spreadsheet. Maps showing remaining Local Search Areas after landscape assessment are shown on ED059 Maps S7.

RENEWABLE ENERGY TARGETS
Proposed targets for renewable energy generation in Powys over the life of the LDP have been reduced from 600MW (October 2016) to 61.7MW.

SITING OF DEVELOPMENTS
It is important to recognise that Powys are suggesting both wind and solar development may also be permitted outside Strategic Search Areas for Wind Farms and Local Search Areas for Solar arrays.  The distribution of each type and size of project would depend on how planning decisions were made on particular applications according to the adopted policy.  In the position statement Powys is suggesting the following policy:

POLICY RE1 – Renewable Energy

Proposals for renewable and low carbon energy development will be permitted subject to the following criteria. Appropriate locations will be defined by demonstrating compliance with Criterion 3.

1.    Proposals for wind energy development greater than 5 MW:

i. Wind energy proposals (greater than 25MW) will be directed to appropriate locations within the boundaries of the Strategic Search Areas (SSAs).
ii. Wind energy proposals (10 – 25 MW) will only be permitted in appropriate locations and where they are in the national interest for meeting energy contributions.
iii. Wind energy proposals (5 – 10 MW) will only be permitted in appropriate locations.

2. Proposals for Solar PV energy development greater than 5 MW:

i. Solar PV proposals (5 – 50MW) will be directed to appropriate locations within the boundaries of Local Search Areas (Solar LSAs).
ii. Outside Solar LSAs, solar PV proposals will only be permitted for:
a) 10 – 50MW in appropriate locations and where they are in the national interest for meeting energy contributions.
b) 5 – 10 MW in appropriate locations.

3. Proposals for all types of renewable and low carbon energy development and associated infrastructure either on their own, cumulatively or in combination with existing and or approved development, must comply with all other relevant policies in the LDP but in particular shall not have an unacceptable impact on:

i. The landscape including visual amenity in accordance with Policy DM3 – Landscape;
ii. The natural and historic environment in accordance with Policy DM2 – The Natural Environment and Strategic Policy SP7 – Safeguarding Strategic Resources and Assets;
iii. Residential amenity, groundwater quality, and highway safety, including during construction, in accordance with Policy DM15 – Design and Resources; and
iv. Radar, air traffic control systems, telecommunications links, television reception, radio communication and emergency services communications.

4. There are satisfactory proposals in place for site restoration and aftercare.

YOUR OPPORTUNITY TO MAKE COMMENTS:
As we have been unable to find any Welsh guidance on the environmental impacts and siting of solar developments we have provided a link to the guidance produced by Natural England (TIN 101). Table 1 sets out factors which are considered likely to make solar development more easily accommodated in the landscape.

A 5MW solar array needs approximately 25-30 acres of land (10-12 Hectares) so that a 50MW array needs 250-300 acres (100-120 Hectares, or 1.0-1.2 square kilometres of land).

People may wish to comment and put their views and evidence to the Inspector about:

·        Impacts on places they know
·        The methodology Powys, AECOMand EnPlan have used
·        The policy to allow large developments outside identified search areas,
·        The soundness of this chosen strategy for renewable electricity generation
·        The suitability of the search areas
·        Evidence/policy about other renewable technologies such as biodigesters

25^th May 2017: From the Powys LDP website: “PLEASE NOTE – The following Renewable Energy material will be discussed at the forthcoming Renewable Energy Hearing Sessions.  Any proposed changes to the LDP which arise from these discussions, or discussions at earlier Hearing Sessions, will form part of the Proposed Matters Arising Changes which will be subject to a formal 6 week public consultation during late summer/early autumn 2017.  Representations in relation to the Proposed Matters Arising Changes matters should be made during the consultation period.  Any unsolicited correspondence received outside the consultation period will be returned.” See link. While we are currently seeking clarification from the Inspector, we think it likely that Hearing Statements in relation to the new evidence and policy which was published on 12th May will only be accepted from those who have requested to participate in the Hearing Sessions at the end of June.

Hearing Statements must be submitted by the 5th June to the Programme Officer, Tracey Smith tracey.smith@Powys.gov.uk.  One electronic copy and three paper copies should be submitted, paper copies should be A4, punched with two holes, sent or delivered to LDP Programme Office, Room 12, The Gwalia, Ithon Road, Llandrindod Wells, Powys LD1 6AA. Copies may be sent to County Councillors (see http://www.powys.gov.uk/en/elections/find-out-who-my-councillor-is/ for contact details), and to Welsh Assembly Members Kirsty.Williams@assembly.wales or Russell.George@assembly.wales

We are very sorry about any confusion and apologise to all our website followers  but we at CPRW Brecon and Radnor Branch are learning about the Examination protocol as we go along!  We currently understand that anyone who is not attending Hearing Session 15 as a participant will have to reserve any comments until the public consultation on the Matters Arising Changes which will be published some time after the Hearings are completed.