Agenda item

Application for the erection of an ~5MWe gas fired standby power station and associated infrastructure.

 

LOCAL MEMBER: Councillor Selwyn Griffiths

 

Link to relevant background documents

 

DECISION: TO REFUSE

 

Reasons

 

1.    Sufficient evidence has not been submitted regarding the need for the development or its use of fossil fuel that would undermine Gwynedd Council's climate emergency statement.  To this end, it is considered that the proposal is contrary to the general aims of the Anglesey and Gwynedd Joint Local Development Plan 2017, together with policies PS7 and ADN3 specifically that promote the provision of renewable or low carbon energy, policies PS5, PS6 and PCYFF 5 in terms of alleviating the impact of climate change and carbon management, and Planning Policy Wales, Edition 11, 2021, paragraphs 5.7.2, 5.7.6 and 5.7.11.

 

2.    No specific justification has been submitted as part of the application for the proposal on this site and therefore it cannot be confirmed that the loss of employment land is acceptable and the proposal is therefore contrary to the requirements of policies PS5, PS13, CYF 1, CYF 3 and CYF 5 of the Anglesey and Gwynedd Joint Local Development Plan 2017 that controls developments on land designated for employment use.

 

3.    The proposal falls within the classification of a development that is highly vulnerable to damage, and insufficient evidence has been submitted to ensure that the proposal complies with the Council's strategy, therefore the proposal is unacceptable in terms of flooding and does not comply with the requirements of policy PS 6 of the Anglesey and Gwynedd Joint Local Development Plan 2017 together with criterion (i) of paragraph 6.2 of Technical Advice Note 15 Development and Flood Risk.

 

Application to site a ~5MWe gas fired standby power station with associated infrastructure  

 

Attention was drawn to the late observations form.

 

a)    The Development Control Team Leader elaborated  on the application's background and noted that it was a full application to site a 5MWe fast response flexible electricity generating facility and associated works to include CCTV cameras, amenity cabins, gas kiosk, tanks, fencing and various structures on land at the side of the Gelert site, Penamser Business Park on the outskirts of Porthmadog. It was added that the site was within a C1 flood zone and was an Employment Protection site as defined in the Local Development Plan (LDP)  

 

If approved, the proposal would enable fast generation of electricity should it be required when the local network cannot generate this. It was explained that the facility would run (albeit occasionally) on gas, and therefore would be dependent on fossil fuel. It was recognised that similar applications had been approved by the Local Planning Authority in other locations on the grounds that they would form part of the support network that could be used when the renewable supply was insufficient within the local network. By now, similar proposals had been refused on appeal due to their dependency on fossil fuel in circumstances where councils had declared a climate emergency and also where there was a lack of evidence about the need to generate energy by burning fossil fuel.  It was noted that Gwynedd Council had recognised and declared a climate emergency in March 2019, promoting the reduction in carbon use as part of their strategy.

 

In order to alleviate the effects of climate change, proposals will only be permitted where it can be demonstrated that they have fully taken account of and responded to the criteria that includes the energy hierarchy, which includes reducing energy demand, energy efficiency and using low or zero carbon energy technologies wherever practical and to take full advantage of the contribution of renewable energy or low carbon technology to satisfy the requirements of the proposal for electricity and heating.  It was highlighted that statements had been submitted by the agent, however, there was no evidence submitted of the specific need for this provision, or that it would be possible to provide the supply via other low carbon or renewable means. The proposal before them did not offer employment use, beyond the period of installation, and although it was recognised that the proposed site was small and awkward, with vacant units within the business park, there was no specific justification for the proposal and it could not be confirmed that the loss of employment land was acceptable in terms of policies PS 13, CYF 1 or CYF 3 of the LDP. 

 

It was added that the site was located within a C1 flooding zone and the proposal was to provide a gas power station to generate electricity, that according to the definitions included in Technical Advice Note 15: Development and Flooding Risk was a highly vulnerable development. 

 

In brief, it was considered that this proposal was unacceptable on the grounds of a lack of justification for the proposal and its location, on land designated for employment use and within a flooding zone, and that it used fossil fuel when the Council has declared a climate emergency and promotes using less carbon.

 

b)    Taking advantage of the right to speak, the applicant’s agent noted the following points:

 

·         He referred to a letter circulated to members in response to the 3 reasons for refusal 

·         1. Sufficient evidence had not been submitted regarding the need for the development or its use of fossil fuel that would undermine Gwynedd Council's climate emergency statement and the policies of the LDP.

The applicant disagreed with this and noted that the Planning Statement and the Design and Access Statement provided clear evidence of the need for the development against Planning Policy Wales, the LDP and the Appeal Decisions of Welsh Ministers. The Local Planning Authority was aware that the Need for Development had been explained by Welsh Ministers in their decision in November 2020, to confirm an Appeal for a project in Bridgend. This had been determined after Bridgend and Gwynedd had declared a Climate Emergency. Welsh Ministers found that the use of Gas Peaking Plants was a key technology when delivering Net Zero targets, ensuring at the same time that there was a safe supply.   

·         2. Loss of employment land

The applicant disagreed with the comment that insufficient evidence had been provided regarding the use of employment land. The Planning Statement and the Design and Access Statement advised that short-term and long-term employment would be secured, that was also confirmed in the Planning Application Forms.   Employment use of the land is described and the type of high value wages that will be secured and an estimate that this includes two long-term employment jobs (full-time equivalent) during the operational phase and this employment would be in addition to the employment of the existing site.  

·         3. The proposal is within the definition of a very vulnerable development, and insufficient evidence had been presented to ensure that the proposal was in compliance with the Council's strategy, together with those of the LDP and TAN 15.

That the sections of TAN 15 the Report refers to involve Power Stations. Often, it was considered that TAN 15 was misinterpreted in the context of small scale electricity supply projects that are different in size to a Power Station.  It was explained that a power station operated to distribute electricity centrally to the National Grid and was therefore not a development that would occasionally generate electricity.

The applicant had depended on the Welsh Ministers' Appeal Decision regarding the gas peaking plant in Newport, that was approved on appeal. It was accepted that the development was for a solar farm with a BESS 200 unit facility, however, it was similar in every way to this limited gas peaking plant.

"A highly vulnerable development is defined as a development where the ability of residents to determine if they will accept the risks to life and property that are linked to flooding, or the ability to manage the consequences of such risks.  Also included are those industrial processes where there would be a risk to the public and the water environment should the site be inundated."

These descriptions are not relevant to this development and it is difficult to understand how unmanned gas peaking work could be considered as a 'highly vulnerable development" in the context of the definition of TAN 15 - in October the LPA stated that they agreed with this interpretation.

·         That the applicant depended on the Welsh Ministers Appeal Decision regarding the project in Newport (qA 1364896) "...   Although TAN 15 notes that power stations are an example of 'an industrial development that is highly vulnerable", it is evident that the proposed development does not fall within this category and it is not a highly vulnerable development for the purposes of TAN 15."  Therefore, TAN 15 should not be applied to this gas peaking project.

·         The Committee is expected to make their own positive assessment of the application submitted and to approve the application in accordance with their LDP, National Planning Plans, their Climate Statement and the written confirmation of the LPA itself that the application is sustainable and low carbon.

·         Should the application be refused the applicant would move to appeal. 

 

c)    Taking advantage of the right to speak, the Local Member made the following points:

·         He supported the recommendation to refuse the application

·         That the application was contrary to Gwynedd Council's principles in terms of fossil fuel

·         The Town Council was seeking an additional appraisal of flooding in the area - scale had increased   

·         The public consultation noted that there was no need for the provision and the proposal did not comply with policies

·         That the proposal did not offer work beyond the operational period

·         The proposal offered occasional use only

·         Noise from the station caused concern

·         That the proposal was not of value to the area

 

ch) It was proposed and seconded to refuse the application

 

d)    During the ensuing discussion, the following observations were made by members:

·         Concern that the Town Council had not submitted any observations

·         Wrong application in the wrong location

 

RESOLVED to refuse.

 

Reasons

 

1.    Sufficient evidence has not been submitted regarding the need for the development or its use of fossil fuel that would undermine Gwynedd Council's climate emergency statement.  To this end, it is considered that the proposal is contrary to the general aims of the Anglesey and Gwynedd Joint Local Development Plan 2017, together with policies PS7 and ADN3 specifically that promote the provision of renewable or low carbon energy, policies PS5, PS6 and PCYFF 5 in terms of alleviating the impact of climate change and carbon management, and Planning Policy Wales, Edition 11, 2021, paragraphs 5.7.2, 5.7.6 and 5.7.11.

 

2.    No specific justification has been submitted as part of the application for the proposal on this site and therefore it cannot be confirmed that the loss of employment land is acceptable and the proposal is therefore contrary to the requirements of policies PS5, PS13, CYF 1, CYF 3 and CYF 5 of the Anglesey and Gwynedd Joint Local Development Plan 2017 that controls developments on land designated for employment use.

 

3.    The proposal falls within the classification of a development that is highly vulnerable, and insufficient evidence has been submitted to ensure that the proposal complies with the Council's strategy, therefore the proposal is unacceptable in terms of flooding and does not comply with the requirements of policy PS 6 of the Anglesey and Gwynedd Joint Local Development Plan 2017 together with criterion (i) of paragraph 6.2 of Technical Advice Note 15 Development and Flood Risk.