Agenda item

Application to amend condition 1 of planning permission reference C21/0934/15/AC for installation of underground 132KV grid connection cables between the Glyn Rhonwy Storage Facility and Pentir Substation so as to extend the development commencement period for an additional 2 years.

Local Members: Councillors Kim Jones, Elfed Williams, Menna Baines, Elwyn Jones, Sasha Williams, Iwan Huws and Berwyn Parry Jones

Link to relevant background documents

DECISION: To delegate powers to the Senior Planning Manager to approve the application subject to the following conditions:

1.            5 years

2.            Complete the development in accordance with the conditions attached to permission C16/0886/15/LL and any details agreed through the condition release requests.

Application to amend condition 1 of planning permission reference C21/0934/15/AC for the installation of underground 132kV grid connection cables between the Glyn Rhonwy Pumped Storage Facility and Pentir Substation to extend the development commencement period for an additional 2 years.

Attention was drawn to the late observations form which included an update to the relevant planning history.

The Development Control Team Leader highlighted that an application to amend the condition relating to the commencement period of the development was granted in January 2022 under reference C21/0934/15/AC so as to provide an additional two years, i.e. until 10/1/2024.

It was explained that the principle of the development of installing an underground cable to connect the Glyn Rhonwy pumped storage generating station with the Pentir substation had already been established by the Local Planning Authority by means of planning permission C16/0886/15/LL and the application before them involved extending the development's operating period by an additional 2 years by amending condition 1 of application C21/0934/15/AC.  It was confirmed that there were no changes to the plan and that the process of releasing conditions associated with the original planning permission continued. However, the importance of considering whether local and national planning policy circumstances or the policy position had changed since the application was originally granted was highlighted.  Only if there was evidence of a significant change in position could the proposal be considered differently in the context of local relevant policies relating to the acceptability of the principle of this latest application - Policy ISA 1 'Infrastructure Provision' and policy PS 7 'Renewable Technology'. Policy ISA 1 of the Local Development Plan (LDP) states

It was reported that the proposed cable path runs through the 'North-Western Fringes of Snowdonia' Special Landscape Area, the 'Dinorwig' Landscape of Outstanding Historic Interest and borders the 'North-West Wales Slate Landscape' World Heritage Site; the intention was to lay an underground cable in line with the guidance in policy PS 7.

It was reiterated that the principle of creating a pumped storage generating station at Glyn Rhonwy quarry had already been accepted and approved by the Secretary of State for Business, Energy and Industrial Strategy granting a Development Consent Order in 2017. Permission for a non-material amendment to the Development Consent Order was granted by Welsh Ministers to extend the operational period. The work of creating a grid connection could usually be considered as an Associated Development but here in Wales it could not be approved as part of the process; therefore, a separate formal application for permission must be submitted in line with the Planning Act.  The principle was deemed acceptable and that this element was a necessary follow-up step to the planning permission already granted by ensuring a link between the electricity generating site and the distribution site.

In the context of visual, general and residential amenities it was accepted that this type of work, particularly given that it would be undertaken on the verges of busy public roads, would be likely to affect local amenities and the amenities of residents living close to the path and those affected directly should it cross a section of private land. It is also likely to occasionally have an impact when traffic control needs to be installed when working on more restricted/narrow sections.

Although there was no objection from the Transportation Unit, it was highlighted that the developer needed to submit applications for relevant permits to carry out the work within highway lands. This will ensure that the restoration work is carried out to appropriate standards.

When considering biodiversity issues, it was noted that a revised Initial Ecological Assessment Report had been submitted with the application and in response to the statutory consultation period the Council's Biodiversity Unit had no objection to the application although excavation work under afon Rhyddallt meant that it would cross a section of the Llyn Padarn Site of Special Scientific Interest. 

In the context of archaeological and heritage issues, it was highlighted that CADW had stated that while there would be potential for temporary impacts on the setting of the World Heritage Site, it was considered that this would not be significant, and the Gwynedd Archaeological Planning Service (GCAG) had confirmed that the application would not have an impact on archaeological matters (in accordance with its observations on the original application).

In accordance with the instructions in appendix 5 of the Supplementary Planning Guidance (SPG): ⁠Maintaining and Creating Distinctive and Sustainable Communities, the applicant had concluded that a 'Welsh Language Statement' was not required. ⁠ It was therefore considered that the proposal continued to be in accordance with policy PS 1 and would not cause harm to the Welsh language.

⁠Having considered all the relevant matters, it was not considered that the proposal of extending the time given under permission number C21/0934/15/AC to commence the development was contrary to the relevant local and national policies or guidance. It was considered that the proposal continued to be acceptable subject to including relevant conditions as included within the previous planning permissions. The observations objecting to the proposal were acknowledged regarding the delay in commencing the work, but having fully assessed the proposal, there was no valid planning reason to reject the application.

The Local Members (Councillors Kim Jones, Elfed Williams, Menna Baines, Elwyn Jones, Sasha Williams, Iwan Huws and Berwyn Parry Jones) highlighted via emails, that they agreed with the recommendation, and although the work caused temporary inconvenience, undergrounding was the best option.

It was proposed and seconded to approve the application.

RESOLVED:

To delegate powers to the Senior Planning Manager to approve the application subject to the following conditions:

1.            5 years

2.            Complete the development in accordance with the conditions attached to permission C16/0886/15/LL and any details agreed through the condition release requests.