Agenda item

Temporary operation of a meteorological mast and ancillary structures for a period of up to five years.

 

LOCAL MEMBER: Councillor Elwyn Edwards

 

Link to relevant background documents

DECISION: To approve

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

Conditions

1.     The development must commence within five years of the date of this decision.

2.     The development must be undertaken in accordance with the following approved plans and documents.

3.     The mast hereby approved must be taken down and the land restored to its previous condition within 5 years to the date of commission. The applicant must inform the Local Planning Authority of the commission date within 3 months of that date.

4.     Prior to the commencement of the development (including the land work and clearance of vegetation), a detailed Method Statement that describes how the site will be returned to its original condition will be submitted to the Local Planning Authority, and it must be approved in writing.  The approved measures should be adhered to and implemented in full.

5.     No development, including site clearance, will commence until a Construction Environmental Management Plan (CEMP) has been submitted to the Local Planning Authority and approved in writing by it.

6.     No development or phase of the development to commence until a Breeding Bird Protection Plan (BBPP) has been submitted to the Local Planning Authority and approved by it.

7.     No development shall be permitted until a biodiversity enhancement plan has been submitted to the Local Planning Authority and approved in writing by it. The development will be carried out in accordance with the approved details.

8.     No clearance of vegetation, land work or building activities will be permitted during the bird nesting season (1 March to 31 August inclusive) unless this has been agreed in writing beforehand with the Local Planning Authority.  When work is required during this period, a survey of the site must be undertaken by a competent ecologist no more than 48 hours prior to commencing the work. Any recommendations given must be fully implemented, and if operational nests are found, an appropriate protection zone must be established and maintained until the chicks have fledged. 

9.     Devices to divert birds must be installed on each external supporting wire of the mast at a distance of no more than 2 metres in length along them all prior to the mast becoming operational. These devices must be maintained throughout the development's lifespan. Any damaged, removed or disconnected devices must be replaced within one month of finding them.

10. Prior to commencement of building any meteorological masts, or using any building equipment or temporary structure(s) of 50 metres or more in height (above ground level), the developer must submit an aviation lighting scheme to be approved by Cyngor Gwynedd jointly with the Ministry of Defence, noting how the development will be illuminated throughout its lifespan to maintain the requirements of civil and military flying as determined necessary by the Ministry of Defence.

This should include:

a) The details of any building equipment and temporary structures with a total height of under 50 metres or more (above ground level) that will be used during the construction of the meteorological mast, together with the details of any aviation warning lights that will be installed on them; and

b) Location and height of every meteorological mast within the development, noting those with aviation warning lights, location of the lights on the mast, the type of lights to be used, and the lighting performance specifications.

Then the developer must install the lights as noted in the approved aviation lighting plan, and the lights will continue to be operational throughout the development's lifespan.

11. The developer must inform the Ministry of Defence in writing, at least 14 days prior to the commencement of the work, of the following information:

a) the commencement date to erect the meteorological mast(s);

b) the maximum height of any building equipment used when erecting the mast;

c) date when any meteorological mast comes into use;

d) latitude, longitude and maximum height of each meteorological mast.

    12.  The Ministry of Defence must also be informed of any changes to this information and following the completion of the construction work.

 

Temporary operation of a meteorological mast and associated structures for a period of up to five years.

 

Attention was drawn to the late observations form that included observations from Natural Resources Wales (NRW) agreeing with the conclusion of the Habitat Regulations Assessment.

 

a)     The Senior Planning Officer - Minerals and Waste highlighted that the application related to the erection and operation of a temporary anemometer mast for a period of five years on an upland near the summit of Pen y Bwlch Gwyn. The mast would be a steel lattice structure up to 100m high, supported by guy wires and equipped with meteorological monitoring equipment, including anemometers and weathervanes. It was noted that many important landscape and conservation designations were relatively close - Eryri National Park, the proposed boundary of Glyndŵr National Park and the Clwydian Range and Dee Valley AONB; this site was also within the vicinity of several designated European sites, such as the SAC, SPA and RAMSAR sites - River Dee and Llyn Tegid, Migneint-Arenig-Dduallt and Berwyn.

 

In the context of the principle of the proposal, it was noted that there was no specific policy in the LDP relating to meteorology masts. However, the purpose of the proposed mast was to collect meteorology data to assess the viability of the potential wind energy development in the future, and therefore the proposal was considered as a type of infrastructure associated with a renewable energy development against Strategic Policy PS 7 of the LDP; a policy that supported renewable energy technologies, as well as Policy ADN 1 that related to wind energy developments on land.

 

It was reported, since adopting the LDP, the Strategic Search Areas noted in TAN 8 had been replaced by the Pre-assessed Areas noted in Future Wales: The National Plan 2040. ⁠Reference was made to Policy 17 of Future Wales which established presumptions in favour of wind energy developments on a large scale within those areas, whilst Policy 18 provided the relevant criteria to assess such proposals.

 

It was reiterated that the site in question had been located outside of the nearest Pre-assessed Area for wind energy. However, Future Wales and Planning Policy Wales did not prevent wind energy developments or associated infrastructure outside those areas. Instead, the Pre-assessed Areas stated where the Welsh Government had assessed that large-scale wind developments could be accepted in principle, without preventing consideration of proposals in other locations.

 

In addition, Planning Policy Wales stated that energy-generating projects on the land with a capacity of between 10MW and 350MW were determined by Welsh Ministers through the Developments of National Significance (DNS) process and assessed against the Future Wales policies. To this end, it was noted that a notice of intention had been submitted to Welsh Ministers for a potential wind farm on the same site. However, the existing application does not relate to the wind farm itself and weighting could not be given to the principle of that development when assessing the application. The anemometer mast must be considered on its own merits.

 

It was emphasised that the proposal related to a temporary structure for a five-year period only. Planning conditions would ensure that the mast, the guy wires and all associated infrastructure were taken from the site and the land would be restored to its previous condition at the end of the period. Consequently, it was considered that the development was not likely to lead to permanent or long-term impacts on the site. It was also considered that the principle of installing a temporary anemometer mast for the purpose of gathering meteorology data was acceptable in policy, subject to a detailed consideration of the relevant impacts, including landscape, visibility, biodiversity, heritage, amenities and other technical matters.

 

In the context of visual matters, it was noted that policies PCYFF 3, AMG 2 and AMG 3 of the LDP were relevant when assessing the impact of the development on the character of the landscape and visual amenities. The site would be located on high land within the 'Cefnwlad y Bala' Special Landscape Area, and in a location that was seen from parts of Eryri National Park. A Landscape and Visual Impact Assessment (LVA) was submitted to support the application, as well as additional information on viewpoints. Following reviewing the information, it was reported that NRW was satisfied that sufficient evidence had been provided to assess the impacts on the landscape and the visual amenities, and concluded that the development would not harm the character of the landscape, the visual amenity nor the special characteristics of Eryri National Park. It was acknowledged that the 100m high mast would be visible over a wide area and it would present an element of human work in some open views. However, the assessment showed that small or low impacts would arise in most perspectives, with some moderate or moderate-low impacts in a limited number of sensitive locations; the mast's slender lattice structure, as well as its temporary nature, would reduce its general visual impact.

 

Given the view of NRW, the findings of the Landscape and Visual Impact Assessment, and the temporary nature of the development, it was considered that the proposal would not lead to unacceptable impacts on the landscape or visual amenities and it would comply with the requirements of policies PCYFF 3, AMG 2 and AMG 3 of the LDP.

 

In the context of Residential Amenities and given the distance between the site and the nearest residential property, as well as the relatively simple nature of the development, the narrow design of the mast and the land's topography influence, it was not considered that it would have an unacceptable impact on the visual amenity or general residential amenities. Consequently, it was considered that the development complied with the requirements of Policy PCYFF 2 of the LDP, which sought to ensure that developments did not have a significant detrimental impact on the health, safety or amenities of nearby residents.

 

In relation to proposed aviation lights, it was noted that the lights would be low density infra-red lights and therefore it was not considered that they would have a significant visual impact or cause unacceptable light pollution to nearby properties.

 

Observations were received regarding the possibility of noise, but because the mast included very few mobile parts, it was not expected for it to generate substantial operational noise. In addition, any temporary disruption during the construction phase would be limited in terms of its length and would be controlled through standard construction practices. On this basis, it was considered that the proposal was acceptable in terms of amenities and complied with Policy PCYFF 2.

 

Given Transport Matters, it was noted that the proposed development did not include any changes to the existing access arrangements and it was not anticipated that it would lead to a significant increase in traffic movements during the operational period. Consequently, the proposal would not have a detrimental impact on the safety or implementation of the local road network and therefore, in terms of transport, would comply with the requirements of Policies PS 4 and TRA 4 of the LDP.

 

In the context of Ecological Matters, it was reported that the site was located relatively close to many designated European sites, including the Dee River and Llyn Tegid SAC, the Migneint-Arenig-Dduallt SAC/SPA, the Llyn Tegid RAMSAR site and the Berwyn SAC/SPA. NRW noted that the main risks arising from the construction period, especially in relation to pollution, would be sedimentation and disruption to water courses. However, it was considered that these risks could be controlled by ensuring a Construction Environmental Management Plan (CEMP) condition. NRW confirmed, subject to implementing appropriate mitigation measures, that the development would not have a detrimental impact on the integrity of the designated sites. It was also not considered that the development would likely lead to significant impacts in terms of nutrients or water quality during the operational phase.

 

From an ecological perspective, although concerns had been raised in relation to nesting birds, specifically the possibility that the mast could act as a perch for predators, it was considered that this matter could be controlled through a Breeding Bird Protection Plan (BBPP). NRW and the Council’s Ecologist were satisfied that the development was unlikely to have a significant impact on protected species or sensitive habitats, with a very limited habitat loss deriving from the proposal. The Habitat Regulation Assessment came to the conclusion that the main risks to European sites could be controlled, which related mainly to the construction phase and breeding birds, through appropriate planning conditions, including a Construction Environmental Management Plan (CEMP) and a Breeding Bird Protection Plan (BBPP). As a result, it was considered that the development would not have a detrimental impact on the integrity of any European site, either in isolation or in conjunction with other plans or projects. Subject to appropriate conditions that ensured the implementation of the mitigation measures and the proposed biodiversity improvements, it was considered that the development was acceptable and complied with Policies PS 19, AMG 3, AMG 5 and GWA 1 of the LDP.

 

There were no heritage designations near the site and CADW confirmed that they had no objection to the development. It was considered that the mast would not have an impact on designated heritage assets because the land's topography restricted the visible connection between it and those assets; the proposal complied with the requirements of Policy PS 20 of the LDP.

 

It was highlighted that the site was located within the Low Flying Area 7 training area. The Ministry of Defence confirmed that they had no objection to the development, subject to imposing standard conditions relating to obstruction lights for aviation, chartered aviation and relevant safety requirements. It was considered that these conditions were necessary to ensure that the mast would not have a detrimental impact on aviation safety or military low flying operations and therefore complied with the requirements of Policy PCYFF 2 of the LDP.

 

As the development did not reach the threshold requiring a Welsh Language Statement, and due to its temporary and limited nature, it was not considered that it would have a detrimental impact on the Welsh language and therefore complied with Policy PS 1 of the LDP and the Maintaining and Creating Unique and Sustainable Communities SPG.

 

It was considered that the principle of the development was acceptable as associated infrastructure for renewable energy and it would not lead to long-term impacts because the mast would be removed, and the site restored at the end of a 5-year period. It was not considered that it would have an unacceptable impact on the landscape, amenities, biodiversity, designated European sites, heritage, aviation safety, subject to imposing appropriate conditions; the development complied with the relevant local and national policies and the recommendation was to approve subject to conditions.

 

b)     The Local Member noted that he agreed with the recommendation.

 

c)     It was proposed and seconded to approve the application.

 

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

·        There were sufficient conditions to ensure control

·        ⁠This was one mast to gather data about wind speed - what would come in its wake? A wind farm and ugly pylons that would try to connect to the national grid

 

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

 

1.     The development should commence within five years of the date of the decision.

2.     The development must be undertaken in accordance with the following approved plans and documents.

3.     The mast hereby approved must be taken down and the land restored to its previous condition within 5 years to the date of commission. The applicant must inform the Local Planning Authority of the commission date within 3 months of that date.

4.     Prior to the commencement of the development (including the land work and clearance of vegetation), a detailed Method Statement that describes how the site will be returned to its original condition will be submitted to the Local Planning Authority, and it must be approved in writing.  The approved measures should be adhered to and implemented in full.

5.     No development, including site clearance, will commence until a Construction Environmental Management Plan (CEMP) has been submitted to the Local Planning Authority and approved in writing by it.

6.     No development or phase of the development to commence until a Breeding Bird Protection Plan (BBPP) has been submitted to the Local Planning Authority and approved by it.

7.     No development shall be permitted until a biodiversity enhancement plan has been submitted to the Local Planning Authority and approved in writing by it. The development will be carried out in accordance with the approved details.

8.     No clearance of vegetation, land work or building activities will be permitted during the bird nesting season (1 March to 31 August inclusive) unless this has been agreed in writing beforehand with the Local Planning Authority.  When work is required during this period, a survey of the site must be undertaken by a competent ecologist no more than 48 hours prior to commencing the work. Any recommendations given must be fully implemented, and if active nests are found, an appropriate protection zone must be established and maintained until the chicks have fledged. 

9.     Devices to divert birds must be installed on each external supporting wire of the mast at a distance of no more than 2 metres in length along them all prior to the mast becoming operational. These devices must be maintained throughout the development's lifespan. Any damaged, removed or disconnected devices must be replaced within one month of finding them.

10.  Prior to commencement of building any meteorological masts, or using any construction equipment or temporary structure(s) of 50 metres or more in height (above ground level), the developer must submit an aviation lighting scheme to be approved by Cyngor Gwynedd jointly with the Ministry of Defence, noting how the development will be illuminated throughout its lifespan to maintain the safety requirements of civil and military aviation as determined necessary by the Ministry of Defence.

This should include:

a) The details of any construction equipment and temporary structures with a total height of 50 metres or more (above ground level) that will be used during the construction of the meteorological mast, together with the details of any aviation warning lights that will be installed on them; and

b) Location and height of every meteorological mast within the development, noting those with aviation warning lights, location of the lights on the mast, the type of lights to be used, and the lighting performance specifications.

Then the developer must install the lights as noted in the approved aviation lighting plan, and the lights will continue to be operational throughout the development's lifespan.

11.  The developer must inform the Ministry of Defence in writing, at least 14 days prior to the commencement of the work, of the following information:

a) the commencement date to erect the meteorological mast(s);

b) the maximum height of any construction equipment used when erecting the mast;

c) the date when any meteorological mast comes into use;

d) the latitude, longitude and maximum height of each meteorological mast.

12.  The Ministry of Defence must also be informed of any changes to this information and following the completion of the construction work.