S U P P L E M E N TA RY P L A N N I N G G U I DA N C E N OT E N O . 23 (D.C .C .

On Shore Wind Farms

JOINT

CONWY C.B.C.

DENBIGHSHIRE C.C.

...................................................................................
CONSULTATION DRAFT
PROPOSED CONSULTATION PERIOD 23rd January, 2006 - 3rd March, 2006

...................................................................................

(D.C.C. NO .)

21 23

H O R E

I N D

A R M S

S U P P L E M E N TA RY P L A N N I N G G U I D A N C E N O T E N O . 2 3 ( D. C . C . )

H O R E

I N D

A R M S

S U P P L E M E N TA RY P L A N N I N G G U I D A N C E N O T E N O . 2 3 ( D. C . C . )

On Shore Wind Farms

I I.1 INTRODUCTION This joint Supplementary Planning Guidance (SPG) supplements the development plan policies of Conwy CBC and Denbighshire CC on the development of wind farms. It is intended to offer guidance which will assist developers, members of the public, councillors and officers on the Councils' planning policies relating to wind farms. Dealing with wind farms is a cross border issue that requires close collaboration between Denbighshire and Conwy and consequently this SPG has been prepared on a joint basis between Conwy CBC and Denbighshire CC.

.........................................................................
2 2.1 STATUS AND STAGES IN PREPARATION The SPG will be treated as a material planning consideration when LPAs, Planning Inspectors and the Assembly determine planning applications and appeals. This SPG note was formally approved by Denbighshire County Council's Full Council on [insert date] and Conwy County Council's Full Council on [insert date] for use in development control. A statement of the consultation undertaken, the representations received and the Council's response to these representations is available on request. These notes have been prepared in accordance with guidance contained in Planning Guidance (Wales) Planning Policy (Mar 2002); Unitary Development Plans (Wales); Technical Advice Notes - especially TAN(W) 8 - Planning and Renewable Energy (July 2005).

2.2

.........................................................................
3 3.1 PURPOSE OF THE SPG The main aim of the SPG is to provide further guidance and advice on how the local planning authorities will deal with the following applications for planning permission:Large Wind Farms (more than 25MW);

.........................................................................
Medium Size Wind Farms (between 5MW and 25MW); and Small Size Wind Farms (under 5MW). 4. 4.1 NATIONAL PLANNING POLICY CONTEXT The three key national policy documents are as follows:-

Planning Policy Wales (PPW) (WAG, 2002), Ministerial Interim Planning Policy Statement (MIPPS) 'Planning for Renewable Energy' (Welsh Assembly Government, July 2005); and Technical Advice Note (TAN) 8 'Planning for Renewable Energy' (Welsh Assembly Government, July 2005).

4.2 4.3

The Ministerial Statement will replace Sections 12.8 to 12.10 of Planning Policy Wales (PPW) (WAG, 2002). There is considerable guidance in respect of wind energy contained in these documents and this is not duplicated in this SPG. Consequently interested parties should read all of the documents in conjunction with each other. The TAN provides technical advice to supplement the policy set out in Planning Policy Wales and the Ministerial Interim Planning Policy Statement. Taken together the documents are relevant in the production of local development plans, in development control decisions and by the UK Government in the authorisation of electricity generation schemes under section 36 of the Electricity Act 1989.

4.4

H O R E

I N D

A R M S

S U P P L E M E N TA RY P L A N N I N G G U I D A N C E N O T E N O . 2 3 ( D. C . C . )

4.5

The Assembly Government has concluded that, in order to meet its target for onshore wind energy production of 800MW of installed capacity by 2010, large scale (over 25MW) onshore wind developments should be concentrated into particular areas defined as Strategic Search Areas (SSAs). Outside the SSAs the TAN indicates that there may be potential for wind farm schemes of up to 25MW on urban / brownfield sites and for smaller community based wind farm schemes (refer to paragraph 8 for definition of smaller community based schemes). The TAN indicates that most areas outside SSAs should remain free of large wind power schemes and that regard should be had to the potential cumulative effect of smaller proposals. This SPG sets out the basis on which the local planning authorities of Denbighshire and Conwy will translate the TAN guidance to its local context.

4.6

4.7

.........................................................................
5. 5.1 RELEVANT DEVELOPMENT PLAN POLICY The relevant development plans and policies to which this document provides supplementary guidance are set out below. These should be read in conjunction with this SPG. Local Planning Authority Policy - The Development Plan For the purpose of this SPG the Adopted Development Plan will cover the counties of both Conwy and Denbighshire and is as follows:In Denbighshire:-

5.2 5.3

5.4

Denbighshire Unitary Development Plan (adopted July 2002).

5.5

The relevant policies from this plan are listed below. It must be recognised that there may be other policies that an applicant must use in submitting a planning application. Denbighshire Unitary Development Plan (adopted July 2002) - Policies STRAT 2, GEN 6, GEN 8, MEW 8 and MEW 10.

5.6

In Conwy:Colwyn Borough Local Plan (adopted 1999). Clwyd Structure Plan Second Alteration (Conwy version) (adopted 1999). Gwynedd Structure Plan (adopted 1994).

5.7

The policies directly relating to wind energy in each of these plans are listed below. It must be recognised that other policies will also need to be considered in assessing individual planning applications. Colwyn Borough Local Plan - Policies CN30, CN 31, CN 32 and CN33. Clwyd Structure Plan Second Alteration - CONS 27 and CONS 28. Gwynedd Structure Plan - C7 and C8.

5.8

In addition Conwy CBC has a Consultation Draft UDP. As only a Draft UDP its policies do not carry significant weight. However, they may still be used for guidance by the local planning authority and the Planning Inspectorate. Policies CF15, CF16, CF 17 and CF18 are those directly relating to renewable energy. Both authorities have commenced the production of Local Development Plans (LDP). Whilst both authorities do not envisage the adoption of these LDPs prior to 2009, it is considered that any emerging relevant policies within them may be used as a material planning consideration in the meantime.

5.9

.........................................................................

H O R E

I N D

A R M S

S U P P L E M E N TA RY P L A N N I N G G U I D A N C E N O T E N O . 2 3 ( D. C . C . )

6. 6.1

THE CLOCAENOG STRATEGIC SEARCH AREA The Assembly Government through TAN 8 has identified the Clocaenog Forest Strategic Search Area (SSA) as one of seven SSAs in Wales. This area falls partly within Conwy CBC and partly within Denbighshire CC. It is anticipated that the Clocaenog Forest SSA will provide 140MW of installed energy capacity by 2010 which will contribute to the all Wales target of 800MW of installed energy by 2010. Subject to local refinement there is a general presumption in favour of wind farm development within the Clocaenog Forest SSA. There will be a presumption against any development that may prejudice the ability of the SSA to meet the 140MW target. TAN 8 states that:".... it is a matter for local planning authorities to undertake local refinement within each of the SSAs in order to guide and optimise development within each of the areas. If there is suitable evidence that land outside (but close to) the SSA is suitably unconstrained local planning authorities might wish to consider the possibility of development of wind farms in these areas as well". Paragraph 2.10 and Annex D of the TAN provide further explanation and advice with regard to applying local policy. Denbighshire CC and Conwy CBC commissioned consultants to undertake a local assessment / refinement exercise of the SSA in 2005. The assessment included extending the extent of the circumference of the SSA by 5km which allowed the assessment of other suitable areas outside but close to the SSA - in line with TAN 8 requirements. The assessment took into account the following factors, in line with the advice contained in TAN 8:-

6.2

6.3

6.4

Landscape factors (this was a primary consideration in the study); Proximity to and impact upon residential buildings; Statutory and non-statutory designation within the SSA; Biodiversity impact; Potential highways constraints and access issues; Wind speed; Land ownership and constraints; Topography; Archaeology; Hydrology; Connection to the electricity grid.

6.5

The consultants report is available separately. It can be viewed on both Conwy CBC's and Denbighshire CC's websites. A hard copy or CD-Rom can also be purchased from either Authority. As a result of their detailed assessment of the SSA, the consultants identified and recommended preferred areas for wind farm development within the SSA with an approximate capacity of 140MW. They also recommended that the boundary of the SSA be amended to accord with that area as shown on Map 1 below. These have now been adopted by Conwy and Denbighshire Councils as the preferred areas they would wish to see large wind farm proposals (>25MW). The SSA area will be known as the Clocaenog Wind Farm Zone.

6.6

H O R E

I N D

A R M S

S U P P L E M E N TA RY P L A N N I N G G U I D A N C E N O T E N O . 2 3 ( D. C . C . )

Map 1: Clocaenog Windfarm Zones (CWFZ)

H O R E

I N D

A R M S

S U P P L E M E N TA RY P L A N N I N G G U I D A N C E N O T E N O . 2 3 ( D. C . C . )

6.7 6.8

Clocaenog Wind Farm Zone The Clocaenog Wind Farm Zone will be the only area within Denbighshire and Conwy where:-

Applications for wind farms of over 25MW will be acceptable in principle.

6.9

Applications for wind farms under 25MW may also be acceptable in the CWFZ, provided it is:1. Part of a larger (>25MW) phased scheme; or 2. Does not compromise the ability of the Zone to meet the anticipated target of 140MW by 2010.

6.10

Applications for large wind farms that fall outside the CWFZ boundary will be refused. Applications for wind farms that fall partly outside the CWFZ will also normally be refused, unless a full and reasonable justification can be presented. The CWFZ only deals with the principle of developing wind farms. Planning applications will still need to go through the normal planning application process and ensure that they will not have an unacceptable impact upon various land use planning factors, which will include a consideration of the criteria set out in paragraph 6.4. Applications must also be accompanied with an Environmental Impact Assessment (EIA). The expected content of an EIA in respect of a wind farm development is set out in Appendix 1. Proposals for onshore wind development up to 50MW require planning permission, whereas proposals over 50MW require consideration under Section 36 of the Electricity Act. However Local Planning Authorities are consulted on applications made under the Electricity Act and the responses of Denbighshire and Conwy Councils will depend on whether the proposal accords with the content of this SPG. Once the capacity of the 140MW capacity of the SSA has been reached, no further wind farm developments will be permitted until both local planning authorities have undertaken a review of the SSA in order to assess whether there is capacity to accommodate any further wind farms. In order to assist the Development Control process and the monitoring of planning applications, developers should submit information provided in Appendix 2.

6.11

6.12

6.13

6.14

6.15

.........................................................................
7. 7.1 MEDIUM SIZE WINDFARMS (5MW - 25MW) Medium sized windfarms (5MW - 25MW) will only be acceptable in the following locations:1. Within the CWFZ, provided it is:(i) Part of a larger (>25MW) phased scheme; or (ii) Does not compromise the ability of the Zone to meet the anticipated target of 140MW by 2010; or

.........................................................................
8. 8.1 8.2 SMALL WINDFARMS TAN 8 defines small windfarms as having an installed capacity of less than 5MW. Small sized windfarms (<5MW) will only be acceptable in the following locations:1. Within the CWFZ, provided it is:(i) Part of a larger (>25MW) phased scheme; or (ii) Does not compromise the ability of the Zone to meet the anticipated target of 140MW by 2010. 2. Outside the CWFZ, provided it falls into the definition of set out in Paragraph 8.6 below and is acceptable following the consideration of other planning requirements.

2. Outside the SSA, medium sized wind farms will only be permitted on urban / industrial brownfield sites, provided that the criteria listed in paragraph 6.4 are taken fully into account.

H O R E

I N D

A R M S

S U P P L E M E N TA RY P L A N N I N G G U I D A N C E N O T E N O . 2 3 ( D. C . C . )

8.3

The TAN allows local planning authorities to "define in more detail about what is meant by 'smaller' and 'community based'.". In view of the contribution that will be made by the Clocaenog SSA and extensive developments off the coast of both Denbighshire and Conwy Counties, it is clear that there are and will be a large and increasing number of turbines within and around both authorities. In view of the visual impact upon both counties, the type and number of small windfarms that will be permitted outside the SSA will be limited by the local planning authority. In particular, consideration will be given to the cumulative impact of small schemes. Small Windfarms - Definition Small windfarms are subdivided into two categories. Both types may be acceptable outside the CWFZ subject to the normal planning considerations. The categories are as follows:1) Community Windfarms. 2) Domestic Windfarms.

8.4

8.5

8.6 8.7

8.8 8.9

Community Wind Farms The community wind farm must fall within the following criteria:-

The scheme should not be larger than 3 turbines; Each turbine must be less than 70m in height (from base to blade tip); The scheme must be owned by a local community group or must make significant contribution to the local community; As with medium or large size windfarms each turbine must be at least 500m from the nearest residential dwelling; Other planning consideration will be assessed as normal in determining these planning applications.

8.10 Domestic Wind Farms 8.11 The Domestic Wind Farm must fall within the following criteria:The scheme must not be any larger than 1 turbine, which must be no more than 15m in height; The purpose of the turbine must be to generate the electricity for particular buildings e.g. a residential dwelling or a school building; The turbine does not have to be the minimum 500m from a residential dwelling expected of other schemes.

8.12

The normal planning considerations set out in paragraph 6.4 will also need to be given careful consideration when determining planning applications for small and domestic wind farms. Small wind farms will not be permitted in either the Snowdonia National Park or the Clwydian Area of Outstanding Natural Beauty (AONB).

8.13

.........................................................................
9. 9.1 9.2 OTHER PLANNING CONSIDERATIONS Biodiversity Whilst the process of defining the SSA has taken into account a range of biodiversity sites / features, these are generally based on all Wales level data. In assessing the suitability of specific sites for wind energy proposals within the SSA, developers must be aware that a consideration of important species / local biodiversity matters may influence the suitability of the site, particularly in respect of the number and position of the turbines which may be acceptable.

H O R E

I N D

A R M S

S U P P L E M E N TA RY P L A N N I N G G U I D A N C E N O T E N O . 2 3 ( D. C . C . )

9.3 9.4

Community Involvement Developers are expected to take an active role in engaging local communities on renewable energy proposals which should include pre-application consultation and discussion. The views and opinions of local residents affected are crucial and applicants should ensure that the impacts of the closest turbines to any residential properties are carefully considered. Sensitive siting of turbines (to minimise visual intrusion, noise etc.) will be carefully examined by local planning authorities. Community Benefits - Planning Obligations Developers are encouraged to ensure that the local community benefit from any wind farm proposals. Where wind farm development would have implications for the public provision of infrastructure, the Council may require the developer to make an in-kind or financial contribution toward its provision. There are several areas in which Denbighshire / Conwy Councils may request such Planning Obligations to enable a development to proceed. Some examples are as follows:1) Highway infrastructure improvements outside the application site; 2) Wildlife habitat management or creation in mitigation for adverse impacts of the construction; 3) Contribution to wildlife monitoring schemes; 4) Public access improvements; 5) Payments to overcome adverse implications for communication networks such as TV or radar.

9.5

9.6 9.7 9.8

9.9 9.10

Community Benefits - Developer Offers or Agreements Outside the Planning Process Both Conwy and Denbighshire Council will encourage the provision of developer offers and agreements outside the planning process. Naturally, this cannot be used as a consideration in the determination of any planning application. Annex B of TAN 8 provides further details of this.

.........................................................................
10. 10.1 DECOMMISSIONING AND SITE REINSTATEMENT

.........................................................................
11. 11.1 MONITORING

In order to ensure the satisfactory removal of any tracks, roads, turbine towers and blades and any ancillary equipment associated including overhead power lines and pylons associated with a wind farm a Decommissioning Statement will be required at the time the proposal is submitted and it should be updated on a five yearly cycle and finalised at least one year before the cessation of generation from the site - this may be enforced by the use of a condition or a Section 106 Legal Agreement. A financial bond or similar mechanism may also be required to ensure that the site can be reinstated.

.........................................................................
Denbighshire County Council
Planning & Public Protection Services Trem Clwyd Ruthin Denbighshire LL15 1QA www.denbighshire.gov.uk spg@denbighshire.go.uk

Both Conwy and Denbighshire local planning authorities will monitor planning applications within the CWFZ If by 2008 it appears that there are significant areas of the CWFZ that cannot be developed due to unforeseen constraints e.g. nature conservation, land ownership etc, the local planning authorities may review the CWFZ with a view of excluding the constrained land and possibly including an unconstrained alternative (from within the SSA).

Conwy County Borough Council

Planning Services Civic Offices Colwyn Bay Conwy LL29 8AR www.conwy.gov.uk cynllun.plan@conwy.gov.uk

S U P P L E M E N TA RY P L A N N I N G G U I D A N C E N O T E N O . 2 3 ( D. C . C . )

...................................................................................

APPENDICES
...................................................................................

H O R E

I N D

A R M S

S U P P L E M E N TA RY P L A N N I N G G U I D A N C E N O T E N O . 2 3 ( D. C . C . )
APPENDIX 1

ISSUES TO BE CONSIDERED IN PREPARING WIND FARM PROPOSALS 1. Location and Siting 1. Environmental sensitivity - including impact on birds and mammals. 2. Cumulative impact:a. Visual. b. On hydrology, ecology, traffic, recreation and amenity of residents. 3. Scale and character of the landscape. - Community wind farms are suited to small intimate landscapes whilst large developments are more suited to open larger scale landscapes. 4. How turbines relate to the visual horizon. 5. Existing features in the landscape. 6. Disruption during the construction period. 7. Water courses and supplies. 8. Impact on overall character and amenity of the surrounding area. 2 General Design Principles 1. Layout of turbines. 2. Rotor speed - slower rotations are preferred. 3. Sensitive viewpoints should be avoided. 4. Turbine design - height should be in scale with the locality, and turbines should have no more than three blades. Towers should be solid, not lattice. 5. Noise - having regard to distance from properties, prevailing wind direction. 6. Shadow throw / flicker. 7. Colour - semi-matt white or off-white should be used. 8. Safety - potential impact of catastrophic equipment failure of ice throw. 9. Cumulative impact - colours and design of neighbouring existing / proposed wind farms. 3 Design Principles for Ancillary Development Consideration should be given to the following issues when considering the location and siting of ancillary development:1. Buildings, transformer equipment & power lines - avoiding clutter, burying cables in the vicinity of the wind farm, and minimising impact on sensitive locations. 2. Drainage works - especially the effect on ecology. 3. Access tracks - impact on landscape and ecology, constructed of appropriate material. 4. Disposal of overburden. 5. Landscaping works - appropriateness. 6. Forestry - forest design plan. 7. Method statement.

H O R E

I N D

A R M S

S U P P L E M E N TA RY P L A N N I N G G U I D A N C E N O T E N O . 2 3 ( D. C . C . )
APPENDIX 2

INFORMATION REQUIRED IN THE SUBMISSION OF WIND FARM PLANNING APPLICATIONS 1.

Technical Information Full technical details of the turbines (including the proposed foundations). Ancillary equipment/structures (if proposed). Decommissioning proposals.

2.

Site Infrastructure Details of permanent and temporary access requirements, including earthworks, for construction, maintenance and eventual commissioning. Details of proposed landscaping.

3.

Ecological Assessment Classification and evaluation of the natural habitat and species. Agricultural context. Hydrological impact. Determination of the zone of influence of the proposal. Carbon emissions from disturbance of any peat. Evaluations of impacts and the scope of mitigation of those impacts.

4.

Landscape Assessment This should include the classification and evaluation of the landscape setting, including quality, value, and scale of the landscape.

5.

Visual Assessment Viewpoint analysis covering both long and short range visibility and including a photomontage or videomontage. Determination of the zone of theoretical visibility of the proposed development. Evaluation of the visual impact and the scope for mitigation of those impacts. Details of the location, visual impact and the restoration of borrow pits. Evaluations of impacts should include consideration of alternative siting of individual turbines, colouring, borrow pits and ancillary equipment.

6.

Noise Assessment To take into account the character and sensitivities of the area (including the prevailing winds and land form), and the individual and cumulative effects of the noise sources - both mechanical and aerodynamic.

7.

Shadow Flicker Assessment An assessment of potential shadow flicker and shadow throw throughout the year for all dwellings within a 1000m radius of the proposed location of each wind turbine.

8.

Built and Cultural Heritage Assessment A full assessment of any known or potential impacts on archaeological sites, listed buildings, conservation areas, historic gardens or designated landscapes.

H O R E

I N D

A R M S

S U P P L E M E N TA RY P L A N N I N G G U I D A N C E N O T E N O . 2 3 ( D. C . C . )
APPENDIX 2

9.

Tourism and Countryside Access Assessment An assessment of any visual and amenity impacts on tourist and recreation facilities or tourism and countryside access, eg footpaths.

10.

Public Safety A risk assessment of the proposed development taking into account the proximity of surrounding development and risk of injury to humans through equipment failure or ice throw. An assessment of any road safety including both capacity implications and possible effects of visual distraction.

11.

Electro-Magnetic Interference (Aviation and Communication) Consultations must take place with the British Aviation Authority, Civil Aviation Authority, Ministry of defence, and the Office of Communication. Details of possible adverse effects and appropriate measures to alleviate effects should be submitted.

12.

Cumulative Impact Assessment An assessment on the cumulative effects of the proposal may be required.

13.

Wind Regime The developer must demonstrate that the proposal is viable.

14.

Grid Network Details of the proposed grid connection or of supply to local user.

15.

Community Consultation Results of consultation with details of the extent and methods used.

16.

Other Issues Local employment / business considerations. Associated community benefits. The need for a forestry design and management plan. Decommissioning statement.

H O R E

I N D

A R M S