Brecon & Radnor Branch of CPRW

1. Hendy Wind Farm at Llandegley Rocks near Penybont P/2014/0672:
You have probably heard that Powys Council have announced their intention to bring this application before the Planning Committee on the 27th April, next Thursday. This highly controversial 2014 application is for 7 wind turbines of height 110m, together with substation, control building, access tracks etc. The application number is P/2014/0672 and documents, consultee responses and objections can be found on the application website here. The agenda for the Planning Committee meeting containing the Officer’s Report and recommendation will be posted on this link . It is not currently available (at 20 April 2017). Until we have this we cannot know whether the Planning Officer will or will not be recommending approval.

www.welshcountry.co.uk/open-spaces-society-renews-fight-against-beauty-spot-wind-turbines/

It is concerning that this contentious application is being brought to committee during election purdah, and before the publication on 12th May of the revised reports to support renewable energy policy in the LDP. We understand that the Council is waiting for landscape reports informing LDP policy on wind and solar developments in the county. This would seem to be vital information to inform any decision on this application.

27th April is also the very important day in the LDP Examination, where the Inspector will consider safeguarding of assets including landscape, biodiversity, the historic environment and public rights of way.  Powys County Council must be aware that many people would like to attend both meetings.

The site of this application was not included in a wind Local Search Area in the proposals put forward in late 2016 as (according to the Met Office average annual wind speed data supporting the consultant AECOM’s Renewable Energy Assessment) having insufficient wind to be economically viable as ‘wind resource’.

2. Local Elections 4th May:
This is a very good opportunity to ask candidates what they will do about those issues which concern rural residents in Powys, including not only service provision, but also protection of local landscapes and biodiversity, and promotion of the interests of tourism and agriculture businesses, key to our rural prosperity. We are sure we are not alone in hoping that our new councillors will be looking to make some significant changes in the manner in which our council operates and ensure that they are running a professional and truly accountable local authority, which listens to the concerns of local people. Details of candidates can be found here (opens as a PDF) and contact details should be provided on the candidates’ campaign literature.

When it comes to the LDP it is important that all candidates understand that:
–         Until the LDP is finalised, the UDP remains the County’s planning tool. It is not true, as our current Cabinet have said, that in the interim Powys is without planning law.
–         Powys Council must take responsibility for the proposed Local Search Areas which have caused so much anger and distress. No doubt there was significant Welsh Government pressure, but that cannot excuse the Council’s total failure to defend the county and residents, or their decision to allow AECOM (a company with connections in the renewable industries) to effectively write renewable policy for the county.

3. Brecon and Radnor Action Group Fundraiser 11 May 2017:
Please see here (opens as a PDF). This promises to be an enjoyable musical evening supporting an important cause.

CPRW Brecon & Radnor Committee

1. COULD YOU BE COUNTY COUNCILLOR FOR YSCIR?

No candidate has come forward to replace Gillian Thomas as County Councillor for Yscir ward. This means the nomination period is extended and anyone wishing to stand should contact Sian Lewis-Davies, Senior Elections Officer, on electoral.services@powys.gov.uk for more information and to obtain nomination papers. Unless there is a sudden rush of nominations, it’s likely anyone coming forward now will be elected unopposed.

This is a great opportunity to help make some changes in the way Powys County Council does things.

2. LDP HEARINGS SESSION 11 – “SAFEGUARDING STRATEGIC ASSETS & RESOURCES” 27TH APRIL

This important hearing will deal with protection of our landscapes and biodiversity. The full agenda, together with CPRW’s and other participants’ hearing statements, can be found on Session 11: SAFEGUARDING. Both CPRW local branches and Head Office have put in very full statements setting what we see as key issues concerning the LDP’s proposed policies for protection of our environment – see link above. We hope you will find these informative.  The hearing will take place at 9.30 on Thursday the 27th at the Media Resource Centre, Oxford Road, Llandrindod Wells, LD1 6AH and our barrister will be there; please contact the Programme Officer, Tracey Smith tracey.smith@powys.gov.uk if you wish to attend. There’s no doubt that the presence of a public audience conveys an important message to the Inspector, and Welsh Government and Powys representatives.

3. POWYS PRESS RELEASE ON PROPOSED REVISED RENEWABLE ENERGY POLICY

It seems that Powys County Council is working on a ‘U turn’ with its proposals for the Renewable Energy parts of the LDP. The Council’s latest press release is set out below together with our response that we have sent direct to Councillors (we have also issued a press release along the same lines). The Council’s press release is of course a blatant attempt to spin the story and we hope that if Councillors read our comments they may have a better understanding of the true facts. Please do lobby your local County Council candidates if and when opportunities present themselves. This LDP shambles must never happen again.

Our response:

Dear County Councillor,

CPRW refers to the press release issued by Powys County Council yesterday (10th April) titled ‘LDP Update’.

The following is the response from the Montgomery and Brecon & Radnor branches of the Campaign for the Protection of Rural Wales

CPRW welcomes the news from Powys County Council that it is preparing a ‘U-turn’ on its renewable energy proposals. However our response is also tinged with considerable caution because if it had not been for CPRW’s vigilance, the original proposals  of the Council would have escaped public scrutiny and their multiple failings continued to remain hidden.  We therefore will wait for the full publication when we can examine the revisions in detail and come to an informed response. Powys County Council Cabinet seemingly has no recognition of their neglect of public responsibility in proposing major policy without any regard to local circumstances. We hope County Councillors will recognise the scale of damage that officers and the Cabinet would have done to Powys, and very nearly did, had it not been for CPRW. Nor do they demonstrate any understanding of the huge commitment of time and financial cost their  actions have caused to many people and organisations. 

CPRW is most grateful to the hundreds of its supporters across Powys who have given support, both by objecting to the LDP and by donating to its fighting fund. In the meantime, we will continue to highlight to the LDP Examination the Council’s proposals in the Plan that still fail to give proper recognition to rural Powys, its communities, biodiversity and its fabulous landscapes.

There are two lessons (among others)  that need to be taken on board by Councillors. The first is  to ensure that the new Council looks at how these ‘Further Focused Changes’ happened to ensure nothing similar could happen again. This should be done by proper and forensic scrutiny. The second is to accept that effective public consultation in the end results in better policies .

Yours sincerely,

From the Chairs of Brecon & Radnor Branch and Montgomery CPRW Branches

Campaign for the Protection of Rural Wales
Registered charity number 239899
www.cprw.org.uk
www.brecon-and-radnor-cprw.wales

And Powys Council’s Press Release:

News Release

MR 51 April 10, 2017

LDP Update
Immediate Release

Results of a revised Renewable Energy Assessment needed as part of the Powys Local Development Plan will be published next month, a seminar of Powys County Councillors has been told.

Extra work on the Local Development Plan was called for by the council’s cabinet in January for submission to the Planning Inspectorate as part of the Examination process. This decision was taken following the consideration of the comments received on the LDP’s Further Focussed Changes.

The additional work has been reviewing a range of issues that would impact on the renewable energy assessment, in particular the elements that relate to renewable wind and solar energy production. The work has included the following considerations:

• The Royal Air Force’s (RAF) low-flying tactical training area over a large part of western Powys.
• A buffer around the Sennybridge training area.
• Appropriate buffers for special protection areas to protect bird species, requested by Natural Resources Wales (NRW).
• A visual impact buffer placed around existing and proposed windfarms to take account of cumulative impact.
• A buffer to all designated landscapes which include two national parks and two areas of outstanding natural beauty.
• Consideration of grid connection and landscape impact.

Powys County Council, Strategic Director Place, Paul Griffiths said: “The LDP is the most important planning document we have and it is essential that we have a robust plan in place. It is a policy for the future and it is vital that it is fit for purpose.

“Although the work is still in progress, initial findings show that applying the constraints has resulted in a significant decrease in the number and extent of proposed local search areas in the county that are available for both wind and solar energy development. The council will publish the results of this additional evidence on its LDP webpages on May 12th 2017”.

“The finalised results will be submitted to the Inspector as part of the LDP planning examination in advance of the deadline for hearing statements. It is likely that the council will be recommending changes to the LDP’s renewable energy policies to the Inspector so that these can be discussed at the hearing session. If the Inspector considers changes to the LDP are necessary, these will be subject to further public consultation so that the Inspector can decide whether the changes are acceptable,” he added.

Key LDP dates:
12th May 2017 – publication of the revised Renewable Energy Assessment and its accompanying landscape assessment.
5th June 2017 – Deadline for Hearing Statements for LDP Hearing Sessions 15 & 16 on Renewable Energy.
28th and 29th June – Hearing Sessions 15 and 16 on Renewable Energy.

Further information about the LDP and the Examination process including hearings can be found on the Council’s LDP webpages at:
http://www.powys.gov.uk/en/planning-building-control/local-development-plan/

ENDS
John Evans
Rheolwr Cyfathrebu
Communications Manager
01597 826377
07884 234711

 

1. Powys LDP Hearings: New information and a few reminders about the LDP Hearings:

RENEWABLE ENERGY HEARINGS: Please note that the renewable energy hearing sessions, originally to have been the 9th and 10th May, have now been postponed to 27th and 28th June. Powys will now publish revised evidence and their proposed revised Renewable Energy (RE) policy on the 12th May. Hearing statements must be submitted to the Inspector by 5th June. Anyone who objected to the Further Focussed Changes is entitled to submit a statement for the hearings and we would urge you to do so. This is our opportunity to object to and point out the soundness issues in Powys’ revised evidence and policy proposals. Written statements are limited to 3,000 words, but can be accompanied by visual evidence. Statements and accompanying evidence must be provided in both electronic and paper format. Details are set out in the Inspector’s Guidance Notes.

CPRW Brecon & Radnor have recently uploaded new information to our website, including maps, which we hope may be helpful to objectors.

Instead of revising the Renewable Energy Assessment (REA) and RE Policy in response to the overwhelming criticism from the public and then submitting this to the statutory 6 week public consultation,  PCC decided to submit a major revision of their REA during the Hearings Program. This means that we, and all other participants in Hearing Session 15 on Renewable Energy, will only have 3 weeks to prepare our evidence statements for the Hearing Session instead of the 6 weeks consultation period.

Even if you did not object to Further Focussed Changes, you could still argue that you have a democratic right to submit a statement and participate in Hearing Session 15 because this will be yet another major change in the LDP. This democratic right is supported by the Welsh Government’s flagship legislation, the Well-being of Future Generations (Wales) Act 2015, and the Environment (Wales) Act 2016.

Powys’s major revisions during the LDP Examination also mean that all issues of soundness other than those arising directly from RE policy are considered before we even see the RE policy itself so that there can be no proper consideration of the consistency between policies.

HEARING SESSIONS STARTING 28TH MARCH: Please do let Tracey Smith, LDP programme officer, know you if will be attending so she can ensure there is adequate space for all. Email: tracey.smith@powys.gov.uk.

TIMETABLE ETC.: The timetable, agendas for individual hearings and hearing statements from participants can be found here. CPRW national and/or Powys branches have so far submitted statements for hearings 1, 2, 5, 6 & 7.

2. “What Do You Think Is The Most Important Issue Facing Wales In The Future?” The Office of the Future Generations Commissioner, Sophie Howe, has launched an online survey asking this question. The survey is likely to close on 7th April and you should respond before this date. The Commissioner has already shown a refreshingly robust and independent attitude in her opposition to the Government’s proposals for the M4 relief road. This is our opportunity to put our views to the Commissioner, and alert her, for example, to the general neglect of rural views and issues in Welsh Government.  The Commissioner’s office has also launched a new website and a broad conversation/consultation on their Draft Strategic Plan and policy priorities.

3. Further Focussed Changes Representations: Powys had decided to drastically cull our responses to the FFCs and simply list the missing parts as “supporting evidence” without showing the text.  After a long period of prevarication, the full versions of the Powys Branches’ responses and another objector’s response, which had been similarly culled, have finally been published under the headings ED034 and ED035 on the Examination website.

4. Brecon & Radnor Action Group: Please do contact Jenny Keal (jenny@davidbellamy.co.uk) about this action group. The group now has a new facebook page in the name ‘BRAG Brecon and Radnor Action Group’.

CPRW Brecon & Radnor Committee

1. POWYS LDP Examination; Hearing statements and Hearing Sessions
The Hearing Sessions for the Planning Inspector’s Examination of the Powys LDP begin on 28 March.

CPRW’s National and Powys Branches’ Statements set out why Powys’s proposed RE policy fails the Examination “soundness” tests. Our Barrister will represent us at the Hearings on 28th and 29th March. We hope to have the Inspector’s confirmation of how issues of “soundness” of procedure in production of the LDP can be dealt with satisfactorily when the “revision” of the Renewable Energy Assessment and the consequent RE Policy changes are not yet available.

The Powys Branches also argue that the impacts of the rapid expansion of industrial livestock units must be included and properly considered in the Local Development Plan.

The Inspector’s timetable for hearing sessions, and our submissions for the first 2 hearings, can be viewed here. CPRW Powys branches have now also put in submissions for Sessions 5, 6 and 7, which should soon be uploaded.

Hearing Sessions will be held at:
The Media Resource Centre (MRC Wales Ltd.),
Oxford Road, Llandrindod Wells, Powys LD1 6AH
(Map here.)

Please do come along to let the Inspector see the public concern about the sacrifice of our countryside. The Programme Officer has asked that people advise her if they plan to attend hearing sessions. She can be contacted on: tracey.smith@Powys.gov.uk

2. CPRW Landscape Evidence and Mapping
The CPRW documents for Hearing Session 1 include mapping exploring the potential impacts of the Local Search Areas on:

• Turbine views in Powys and neighboring Counties
• Outstanding and High LANDMAP evaluations of Welsh Landscape
• National Trails

The map below (taken from CPRW evidence for Hearing Session 1) shows red areas indicating the ‘zone of theoretical visibility’ of just one single 120m turbine – 80m hub height plus 40m blade radius – in the centre of each of the wind Local Search Areas (LSAs). It also demonstrates the likely impact on neighbouring counties both in England and Wales, that on the Snowdonia National Park and our on National Trails, Offas Dyke and Glyndwr’s Way:

A larger version of the map may be viewed here. (6.8MB pdf)

This model hugely underestimates the likely visual impact. Remember that the RE target was for 600MW of renewable electricity for Powys. LSAs were to be developed as fully as possible with the building out of the largest projects first, including 25MW wind farms (twelve turbines).

Only a few months ago, consultants AECOM helped devise the LSAs and the LDP Working Group enshrined these in Planning Policy proposals. AECOM and the Welsh Government presented this policy to a closed seminar for Powys County Councillors. The Powys Cabinet was also perfectly happy to sacrifice the Powys landscape when they voted to approve the LDP Further Focussed Changes. What has made them change their minds?

Now Powys is assuring us that AECOM is helping to revise the LSAs to take landscape into account. Their Regeneration and Planning Portfolio Holder told the Press that “we must get it right for the future” but they have already demonstrated that they do not care about the Powys countryside. We conclude that real reason for the “revision” is that the public responses have proved that the policy would fail the examination for “soundness”.

We expect the forthcoming “revision” to reflect the fear of public failure rather than any sincere regard for Powys’ unique natural assets.

We urge residents and other concerned individuals and bodies to keep this issue alive.

3. Powys County Council Frequently Asked Questions: Powys LDP Powys County Council’s Renewable Energy Assessment and Local Search Areas for Wind and Solar Energy
Please see this pdf (1.2MB) for CPRW Brecon & Radnor responses to Powys’s FAQ.

4. Mass departure of Powys Cabinet:

2nd March Wynne Jones steps down: http://www.countytimes.co.uk/news/173200/high-profile-powys-councillor-to-step-down.aspx

7th March Barry Thomas also steps down: http://www.shropshirestar.com/news/politics/2017/03/07/powys-county-council-leader-barry-thomas-to-step-down/

9th March Graham Jones and John Brunt also decide not to stand again: http://www.countytimes.co.uk/news/173492/who-s-next-to-go-as-top-powys-councillors-step-down.aspx

Events have been moving fast in the last few weeks:

1.    17th January 2017 Powys Cabinet approval of Further Focussed Changes (FFCs): Powys Council Cabinet approved the Further Focussed Changes (FFCs), containing the proposed new renewable energy (RE) policy i.e. the vast proposed wind and solar Local Search Areas and 600MW target (revised from 50MW in earlier LDP versions). Despite cogent arguments presented by leaders of the opposition groups, the Cabinet, with one single abstention, voted in favour of approval of the Further Focussed Changes. The webcast of the meeting can be viewed here.  (Agenda item 4)

2.    29th January 2017 Powys Council submitted the Local Development Plan with FFCs to Inspector Nicola Gulley.

3.    3rd February 2017 Around 180 people attended a public meeting called by Brecon & Radnorshire MP Chris Davies to discuss Powys’s proposed energy policy. See here for further information.

4.    7th February 2017 Inspector’s Pre Hearing Meeting. The Inspector set out the examination procedure. The Council confirmed that a revision of the RE policy is to take place and that the council have once again commissioned data from consultants AECOM, authors of both the flawed 2016 report which recommended the proposed Local Search Areas and targets, and a similarly poor quality report produced in 2012. We are disappointed that the council have chosen to spend more taxpayer money on further reports from AECOM, and this decision is grounds for concern regarding the outcome of the Council’s revisions to RE policy. The policy revision is intended to be submitted to the Inspector by 31st March. The Inspector indicated that any substantial change would be put out for public consultation.

Notes of this Pre Hearing Meeting should be available on 14th February via this link.

5.    Timetable for Inspector’s Examination of the LDP: A draft Hearings Timetable can be found on Powys CC website here in document ED028. This may be subject to revision if, for example, the council do not achieve their deadline for submission of revised policy. If you have elected to speak at the Hearing, please see this timetable for submission deadlines for statements on ‘Matters and Issues’. ‘Matters and Issues Agendas’ for the Hearing dates are found on the same page (ED029). Agendas for Renewable Energy and Monitoring Hearings are likely to change when the council provides the proposed policy revisions.

6.    Public responses to the FFCs: responses to the FFCs can now be viewed here. See ‘Schedule of Further Focussed Changes (LDP 37)’ – “Schedule of Proposed Further Focussed Changes – Addendum to the Deposit LDP (October 2016) with Refpoints”: Page 100, ref point 44.91. Responses are listed by name and available as individual documents.

Alternatively responses are listed within a single document “Appendix 5b”. Council responses are contained in the “Addendum to Appendix 5b”.

We remain very concerned that some viewable responses (notably response from CPRW Powys branches) are incomplete and are lacking all supporting documentation. Please do check how your response appears and advise the Programme Officer, Tracey Smith if you are not satisfied. It does appear that this has allowed the Council to fail to address certain points in its responses. For example, we can see no council response to our comments regarding arithmetical and logical failures in AECOM’s reports. We will be taking this up with the Programme Officer. (CPRW Powys branches and CPRW National responses can be viewed on this site in full here. )

7.    IMPORTANT – CALL TO ACTION: 23rd February 2017: Meeting of Powys full council.

(Venue: Council Chamber – County Hall, Llandrindod Wells Contact: Stephen Boyd  01597 826374)

At this meeting Aled Davies, leader of the Conservative group of councillors, will propose a motion that the new RE policy (Local Search Areas which together with existing Strategic Search Areas will extend across between 30 and 40% of Powys, a target of 600MW) should be debated by full council with a view to councillors recording their (and their constituents’) unhappiness with the proposals. There is now little scope for withdrawing the LDP from the examination process, but this motion would convey a strong message about the lack of proper democratic process in the introduction of the proposed RE policy. Councillors have never had the opportunity to debate the RE policy, in fact many were wholly unaware of the policy changes in FFCs until alerted by their constituents. This motion represents their last chance to make their views heard.

PLEASE DO CONTACT YOUR LOCAL COUNCILLOR AND URGE HIM OR HER TO SUPPORT ALED DAVIES’S MOTION. IT IS VITALLY IMPORTANT THAT ALL COUNCILLORS UNDERSTAND HOW DISASTROUS FOR THE COUNTY THE PROPOSED POLICIES WOULD BE.

Councillors may need to be reminded that:

• Over a quarter of the county outside the National Park is to be designated for industrial development;
• As with TAN8 Strategic Search Areas a ‘presumption of approval’ will operate within Local Search Areas;
• Development targets for the period till 2026 have been increased from 50MW in earlier versions of the LDP to 600MW, and these targets will be used to justify development;
• The Welsh Government will decide all applications over 10MW – other plan policies will have little or no relevance to the decision process.

We are very concerned at the lack of democratic legitimacy of the FFCs and the catastrophic proposed renewable energy policy. Residents have been allowed no part in the formulation of the policy itself, nor have we had an opportunity to propose alternative means of achieving the LDP objectives. The environmental impacts of the proposed policy have not been assessed.

8.    9.30 a.m. Thursday 23rd February – MAKE YOUR VIEWS KNOWN – PEACEFUL DEMONSTRATION AT COUNTY HALL, LLANDRINDOD WELLS
Please contact jeff@highlandmoors.co.uk for further information.

9.    LOCAL ACTION GROUP: A local action group is being formed. If you would like to take part, please register your interest with Jenny Keal: jenny@davidbellamy.co.uk.

10.    CPRW LEGAL FIGHTING FUND
We are extremely grateful for the donations received into this fund which have enabled CPRW to engage a barrister to represent the strong case against Powys County Council’s RE proposals. The appeal remains open – please give if you can. See Current News on CPRW’s site, or this link will get you the Appeal document directly.

CPRW Brecon & Radnor

CPRW have been in contact with a barrister specialising in Welsh planning law to support our opposition to the late changes to Powys’ Local Development Plan and are now appealing for contributions to a Legal Fund to help pay for this much needed legal advice.  Powys’ proposed introduction of vast Local Search Areas for wind and solar development, coupled with huge targets based on flawed data, have the potential to change the county and the life of the county’s residents for ever. We feel legal advice is essential to support our fight against Powys’s proposals and ensure that these are defeated. Please see this LINK for appeal document and online donation link.

 

Powys Local Development Plan (2011-2026) Schedule of Further Focussed Changes to the Deposit Draft LDP:

The public consultation on the Further Focussed Changes to the Local Development Plan closed on 21st November. We have uploaded the joint submission of the CPRW Brecon & Radnor and Montgomeryshire branches. See Current Issues>Powys Local Development Plan for the submission and details of this important issue.

We will shortly upload a summary of arguments and short description of the LDP process i.e. what happens next. We will also update our site as and when we obtain any information as to the likely next steps.

Please do return to the website for updates.

 

Powys Local Development Plan (2011-2026) Schedule of Further Focussed Changes to the Deposit Draft LDP:

The changes proposed include identification of very extensive ‘Local Search Areas’ for wind and solar development right across the county across some of our most beautiful landscapes. This is contrary to the Welsh Government’s Technical Advice Note 8 (TAN8) whereby large scale energy infrastructure is allowed only within Strategic Search Areas. Welsh Government guidance on the preparation of LDPs does not support introduction of such radical new policies at this late stage of the LDP development and consultation process.

Public consultation on proposed changes to the Powys Deposit LDP runs from Monday 10^th October until November 21^st.

19th October Update: We have now uploaded our briefing note on the radical proposed LDP renewable energy policies. We hope this will prove useful to those who wish to object.

See Current Issues>Powys Local Development Plan for details of this important and urgent issue, grounds for objection, and how to object.

Welcome to the new website of the Brecon & Radnor Branch of CPRW – The Campaign for the Protection of Rural Wales.

It is still under construction but in the meantime do please explore our work and our website using the links above…